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Home My WebLink AboutApplication_1450 Ute Ave_Aspen Club Insubstantial PD Unit Changes - updated 12-19-22 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM October 21, 2022 Updated December 19, 2022 Amy Simon, Planning Director City of Aspen 427 Rio Grande Place Aspen, CO 81611 RE: Aspen Club – Club Units Request for Insubstantial PD Amendment Ms. Simon: Please accept this updated request for an Insubstantial Amendment to the Aspen Club Planned Development. In addition to the proposed adjustments to the layout of the “Club Units” (the lodging units within the main building of the Aspen Club), we are proposing changes to the parking layout, the location of a site wall, and changes to square footage of exterior pool, deck, and landscaping areas. The map to the right shows the location of the Aspen Club along Ute Avenue The changes to the Club Units affect square footage of the units and a change to the bedroom allocation between units. The Club Units were approved with an allowed floor area of 18,000 square feet plus the ability to utilize an additional 2,000 square feet by reappropriating square footage of the main club and spa building.1 Effectively, the Club Units can be developed up to 20,000 square feet.2 The permitted design and the proposed amendments remain under this limit. Changes to the internal layouts of these units are shown in the attached drawing packet. Approved Proposed Unit Beds Sq. ft. Deck sq. ft. Beds Sq. ft. Deck sq. ft. 15 4 2,682 167 4 2,682 297 16 4 2,682 167 4 2,682 167 17 4 2,723 198 4 2,723 192 18 4 2,723 198 4 2,718 192 19 4 2,760 175 3 2,086 134 20 4 2,711 131 5 3,435 693 Total 24 16,281 1,036 24 16,326 1,675 1 Ordinance no. 7, 2015, Section 2 and Exhibit A 2 SIA recorded at 621568, Article III, section 3.1.b Aspen Club Insub. Amendment Page 2 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The changes to the parking layout do not affect the number of parking spaces or how they are to be allocated. The required parking was amended from being within a subgrade garage to the roof of the club building and the surface lot on Lot 15A. Parking was established as requiring parking spaces to 128 spaces (and up to 133 spaces) divided as follows: • 21 Lodge Parking Spaces • 12 Affordable Housing Parking Spaces and up to 5 additional spaces may be added for short-term parking by the affordable housing tenants and guests. • 95 Club Parking Spaces, with 60 valet spaces for club patrons located on Lot 15- A and 35 on Lots 14A and 14W 3 The Recorded PD Plans illustrate a total of 96 parking spaces on site, allocated as follows: • 4 spaces by AH units • 13 spaces on Club roof • 11 spaces at entry • 20 spaces across from Club units • 48 in the main lot 4 The remaining required 35 spaces are across the river on Lot 14 A and 14W. Adjustments to the layout of the on-site parking spaces maintain 12 spaces for the affordable housing units comprised of 4 spaces on Lot 15E and 8 head-in spaces next to Ute Avenue. Twenty-One spaces continue to be provided for lodge guests and 60 valet spaces for club patrons. The location of these spaces has shifted, as shown in the attached parking plans. 3 Ordinance 7, Series of 2015, Exhibit A and Section 7 4 PD Plans recorded at Reception Number 621569 Aspen Club Insub. Amendment Page 3 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The plan snippets to the right show changes in the on-site parking layout with spaces eliminated shown in red and spaces added shown in green. See attached plans for better detail No net change to the number or allocation of parking spaces is proposed. No changes are proposed to the 35 club patron spaces across the river. This request includes the relocation of a site wall separating the pool area and an adjacent residence. The wall is proposed to be slightly wider than shown in the PD plans and moved about 1 foot north to be out of the setback area. This allows the wall to be slightly taller and provide better screening and separation between the pool deck area and the residence. A taller wall also negates need for pool fencing. The plan snippets above and below show changes in the walls north and south of the outdoor pool. See attached plans for better detail. Aspen Club Insub. Amendment Page 4 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The wall separating the pool deck area and the adjacent affordable housing unit is also widened in the proposal. The location and height of these walls have been carefully designed to comply with the height/location requirements of the approvals. Lastly, this request includes revised square footage allocations to the various deck and landscape areas around the pool. The recorded PD Plans do not specify square footage of outdoor and pool areas. However, the current proposal differs from the 2017 building permit drawings regarding areas dedicated to landscape, pool area, and deck area. Below is a square footage comparison of the current proposal to the 2017 permit drawings. Aspen Club Insub. Amendment Page 5 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The plan snippets to the right show changes in the landscape, pool, and deck area. See attached plans for better detail. The 2017 permit plans did not tabulate each area. The proposed plans replicate the overall intent. Pool storage was in the 2017 plans and the proposed plans relocate this feature. A s auna has been added but with minimal impact to the pool and deck areas. The sauna square footage is included in the overall Club allowance for the project. There have been no setback changes. The Aspen Club project was approved by the Aspen City Council in 2010 by Ordinance 2, 2010. Commercial Design approval was granted by the City of Aspen Planning and Zoning Commission in 2011 via P&Z Resolution 17, 2011. The project received approval for a series of administrative amendments, adjusting aspects of the design and program. These amendments were approved by City staff with the exception of a change to the commercial design, which was approved by the Planning and Zoning Commission. A development agreement was filed in 2014 (reception no. 610263) along with an official plan set (reception no. 610262). In 2015, a major amendment was approved by the Aspen City Council. Ordinance 7, 2015, amended the project approval, including the dimension of the Club Units. An amended development agreement, superseding all previous approvals, was recorded in 2015 at reception no. 621568. Revised plans were recorded in 2015 at reception no. 621569. These three documents are attached for your reference. We believe the changes proposed herein are insubstantial in nature. The request does not change the use or character of the approved project and are well within the dimensional limitations of the approval. The property is legally described as Aspen Club & Spa Subdivision / Planned Development; Lots 15A-E. The property is owned by AC Colorado Property Owner LLC, a subsidiary of Meriwether Companies. BendonAdams has been authorized by Meriwether to submit this request. Aspen Club Insub. Amendment Page 6 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM We believe this request contains the necessary information for a complete and competent review. Please let us know if additional information is needed. We look forward to your review and will make ourselves available for any questions or concerns you have. Kind Regards, Chris Bendon, AICP BendonAdams LLC Attachments: 1. Land use application form 2. Fee agreement 3. HOA form 4. Authorization letter 5. Proof of ownership 6. Pre-Application conference summary 7. Vicinity map 8. Ordinance No. 7, 2015 9. PD Agreement – 621568 10. 2015 Amended PD Plans 11.1 Club Unit Plan Comparison 11.2 Parking Plan Comparison 11.3 Site Wall Plan Comparison CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) The Aspen Club; 1450 Ute Ave; Aspen, CO 81611 Lots A&B: 2737-181-70-001; Lot C: 2737-181-70-002; Lot D: 2737-181-70-003; Lot E: 2737-181-70-004 AC Colorado Property Owner LLC, a Delaware limited liability company c/o Meriwether Companies LLC; 1405 Arapahoe Avenue; Boulder, CO 80302 303.395.3150 gsimon@meriwetherco.com BendonAdams 300 So. Spring #202; Aspen, CO 81611 970.925.2855 chris@bendonadams.com Changes to layout, size, and bedroom configuration of Club Units. na 140 20 (lodge units)40,000 12 1,300 Insubstantial PD Amendment __________ Exhibit 1 x x x x CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Address of Property: Please type or print in all caps Property Owner Name:Representative Name (if different from Property Owner) Billing Name and Address - Send Bills to: Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: BendonAdams 1450 Ute Ave; Aspen, CO 81611 AC Colorado Property Owner LLC Garrett Simon, Partner Meriwether Companies LLC 1405 Arapahoe Avenue; Boulder, CO 80302 gsimon@meriwetherco.com 303.395.3150 1,300 4 Garrett Simon, Partner Meriwether Companies LLC a Delaware limited liability company Authorized Entity for AC Colorado Property Owner LLC Exhibit 2 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 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. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □This 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 improvementsproposed in this land use application do not require approval by the homeowners association orcovenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvementsproposed 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 of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: Owner printed name: or, Attorney signature: date: Attorney printed name: Garrett Simon, Meriwether Companies gsimon@meriwetherco.com 303.395.3150 The Aspen Club 1450 Ute Ave. Aspen, CO 81611 Garrett Simon, Partner Meriwether Companies LLC, a Delaware limited liability company Authorized Entity for AC Colorado Property Owner LLC 10/20/22 Exhibit 3 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM October 20, 2022 Amy Simon Planning Director City of Aspen 130 So. Galena Street Aspen, Colorado 81611 RE: The Aspen Club; Aspen, CO Ms. Simon Please accept this letter authorizing BendonAdams LLC to represent our ownership interests in the Aspen Club and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property – 1450 Ute Avenue; Aspen, CO 81611 Legal Description – Lots A through E; Aspen Club & Spa Subdivision and Planned Development Parcel ID – A&B: 2737-181-70-001; C: 2737-181-70-002; D: 2737-181-70-003; E: 2737-181-70-004 Owner – AC Colorado Property Owner LLC, a Delaware limited liability company Kind Regards, Garrett Simon, Partner Meriwether Companies LLC, a Delaware limited liability company Authorized Entity for AC Colorado Property Owner LLC 1405 Arapahoe Avenue Boulder, CO 80302 gsimon@meriwetherco.com 303.395.3150 Exhibit 4 Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:ABD62012617-3 Date: 08/16/2022 Property Address:1450 CRYSTAL LAKE RD, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance David Knapp 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4174 (Work) dknapp@ltgc.com Buyer/Borrower AC COLORADO PROPERTY OWNER LLC Delivered via: Delivered by Attorney MDH LAW GROUP LLC Attention: JOSEPH LUBINSKI 1001 BANNOCK ST SUITE #124 DENVER, CO 80202 (303) 915-3429 (Cell) jlubinski@mdhlawgroup.com Delivered via: Electronic Mail Seller/Owner AC COLORADO PROPERTY OWNER LLC Delivered via: Delivered by Attorney Exhibit 5 Land Title Guarantee Company Estimate of Title Fees Order Number:ABD62012617-3 Date: 08/16/2022 Property Address:1450 CRYSTAL LAKE RD, ASPEN, CO 81611 Parties:AC COLORADO PROPERTY OWNER LLC, A DELAWARE LIMITED LIABILITY COMPANY AC COLORADO PROPERTY OWNER LLC, A DELAWARE LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "ALTA" Owner's Policy 06-17-06 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 02/04/2021 under reception no. 673212 Plat Map(s): Pitkin county recorded 05/13/2014 under reception no. 610262 Property Address: 1450 CRYSTAL LAKE RD, ASPEN, CO 81611 1.Effective Date: 08/02/2022 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: AC COLORADO PROPERTY OWNER LLC, A DELAWARE LIMITED LIABILITY COMPANY 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: AC COLORADO PROPERTY OWNER LLC, A DELAWARE LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: PARCEL A: LOTS 15-A, 15-B, 15-C, 15-D AND 15-E AMENDED FINAL PLAT OF ASPEN CLUB & SPA SUBDIVISION/PUD/SPA, ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 2015 AT RECEPTION NO. 621569, COUNTY OF PITKIN, STATE OF COLORADO PARCEL B: A PEDESTRIAN ACCESS EASEMENT THROUGH LOT 14, CALLAHAN SUBDIVISION AND PART OF CRYSTAL CIRCLE WITHIN THE CALLAHAN SUBDIVISION, CITY OF ASPEN, COLORADO BEING 12 FEET IN WIDTH, LYING WESTERLY OF AND ABUTTING THE FOLLOWING DESCRIBED LINE:]BEGINNING AT A POINT ON THE SOUTHERLY LINE OF LOT 14, CALLAHAN SUBDIVISION WHENCE THE SOUTHWEST CORNER OF SAID LOT 14, CALLAHAN SUBDIVISION BEARS N 88 DEGREES 25' WEST 199.49 FEET;]THENCE N 07 DEGREES 39' WEST 125.28 FEET;]THENCE N 13 DEGREES 15' EAST 69.49 FEET TO A POINT ON THE SOUTH LINE OF LOT 14-A, CALLAHAN SUBDIVISION, AS SET FORTH IN DEED OF ACCESS EASEMENT RECORDED JANUARY 11, 1985 IN BOOK 479 AT PAGE 661. PARCEL C: A RIGHT OF ACCESS AND VEHICULAR ACCESS DESCRIBED AS FOLLOWS: A 24 FOOT WIDE PRIVATE ROAD ADJACENT TO THE MOST NORTHERLY POINT OF LOT 14, BEING THE ROAD THAT CIRCLES LOT 14A, CALLAHAN SUBDIVISION;]THENCE FOLLOWING SAID PRIVATE ROAD EASTERLY THROUGH CENTENNIAL CIRCLE TO CRYSTAL LAKE ROAD, AND NORTHEASTERLY ALONG THE WESTERLY ARM OF SAID CRYSTAL LAKE ROAD TO COLORADO STATE HIGHWAY NO. 82 AS SHOWN ON THE FINAL PLAT AND DEVELOPMENT PLAN OF THE CALLAHAN SUBDIVISION, RECORDED MAY 19, 1976 IN PLAT BOOK 5 AT PAGE 7 AND AS AMENDED ON AUGUST 17, 1997 IN PLAT BOOK 6 AT PAGE 16, AND AS AMENDED NOVEMBER 1, 1996 IN PLAT BOOK 40 AT PAGE 81. ALTA COMMITMENT Chicago Title Insurance Company Schedule A Order Number:ABD62012617-3 Copyright 2006-2021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Chicago Title Insurance Company Schedule A Order Number:ABD62012617-3 ALTA COMMITMENT Chicago Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABD62012617-3 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1.(THIS ITEM WAS INTENTIONALLY DELETED) 2.(THIS ITEM WAS INTENTIONALLY DELETED) 3.ORDER OF DISMISSAL ISSUED BY THE CLERK OF THE DISTRICT COURT IN AND FOR THE COUNTY OF PITKIN OF CIVIL ACTION NO. 2017CV30129 ENTITLED PCL CONSTRUCTION SERVICES, PLAINTIFF (S), VS. ASPEN CLUB REDEVELOPMENT COMPANY, LLC; ASPEN CLUB REDEVELOPMENT FUND, L.P.; ASPEN CLUB & SPA, LLC, ET AL., DEFENDANT (S). NOTICE OF LIS PENDENS RECORDED JANUARY 11, 2018, UNDER RECEPTION NO. 644349 AND LIS PENDENS RECORDED DECEMBER 18, 2017 UNDER RECEPTION NO. 643897 AND LIS PENDENS RECORDED NOVEMBER 16, 2017 UNDER RECEPTION NO. 643151 NOTICE OF COMMENCEMENT OF ACTION OF LIS PENDENS RECORDED DECEMBER 8, 2017, UNDER RECEPTION NO. 643698 AND DECEMBER 28, 2017 UNDER RECEPTION NO. 644124 AND JANUARY 4, 2018 UNDER RECEPTION NO. 644206 AND 644207 AND FEBRUARY 2, 2018 UNDER RECEPTION NO. 644897. DEFENDANT SPECIALTY WOOD PRODUCTS, INC.'S NOTICE OF LIS PENDENS RECORDED DECEMBER 18, 2017 UNDER RECEPTION NO. 643874. STIPULATION REGARDING PERFECTION, AMOUNT AND PRIORITY OF LIENS RECORDED DECEMBER 23, 2020 UNDER RECEPTION NO. 671911. 4.(THIS ITEM WAS INTENTIONALLY DELETED) 5.(THIS ITEM WAS INTENTIONALLY DELETED) 6.(THIS ITEM WAS INTENTIONALLY DELETED) 7.(THIS ITEM WAS INTENTIONALLY DELETED) NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES AND/OR ENDORSEMENTS. THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE UNDERWRITER TO ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED. THIS NOTE WILL BE DELETED UPON THE RECEIPT OF SAID APPROVAL. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1949, IN BOOK 175 AT PAGE 246. 10. ALL COAL IN THE LANDS SO GRANTED AND TO IT, OR PERSONS AUTHORIZED BY IT, THE RIGHT TO PROSPECT FOR, MINE, AND REMOVE COAL FROM THE SAME, UPON COMPLIANCE WITH THE CONDITIONS OF AND SUBJECT TO THE LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 AS RESERVED IN PATENT JUNE 17, 1949 IN BOOK 175 AT PAGE 246. 11. EASEMENT AND RIGHT OF WAY FOR PIPELINE, FLUME & DITCH AS SET FORTH IN INSTRUMENT RECORDED JUNE 17, 1892 IN BOOK 93 AT PAGE 527. 12. ANY AND ALL EASEMENTS, RIGHTS OF WAY, PLAT NOTES, RESTRICTIONS AS SET FORTH ON PLATS OF CALLAHAN SUBDIVISION RECORDED MAY 19, 1976 IN PLAT BOOK 5 AT PAGE 7 AND AS AMENDED BY PLAT RECORDED AUGUST 17, 1977 IN PLAT BOOK 6 AT PAGE 16 AND AS AMENDED BY PLAT RECORDED NOVEMBER 1, 1996 IN PLAT BOOK 40 AT PAGE 81. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN EASEMENT AGREEMENT RECORDED MAY 19, 1976 IN BOOK 312 AT PAGE 200. ALTA COMMITMENT Chicago Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABD62012617-3 14.TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS AS SET FORTH IN SUBDIVISION AND PLANNED UNIT DEVELOPMENT AGREEMENT RECORDED MAY 19, 1976 IN BOOK 312 AT PAGE 110 AND AS MODIFIED BY NOTICE RECORDED APRIL 29, 1977 IN BOOK 328 AT PAGE 79 AND AMENDMENT RECORDED NOVEMBER 1, 1996 AS RECEPTION NO. 398668 AND RERECORDED MARCH 31, 1997 AS RECEPTION NO. 402937. 15.TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF PEDESTRIAN ACCESS EASEMENT GRANTED TO ASPEN CLUB INTERNATIONAL, INC. AS SET FORTH IN DEED OF ACCESS EASEMENT RECORDED JANUARY 11, 1985 IN BOOK 479 AT PAGE 661. 16.TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS AS SET FORTH IN SHARED EXPENSE AGREEMENT FOR CALLAHAN SUBDIVISION ROADS AND POND RECORDED AUGUST 28, 1992 IN BOOK 687 AT PAGE 365 AND MODIFICATION AGREEMENT RECORDED AUGUST 28, 1992 IN BOOK 687 AT PAGE 409 AND SECOND MODIFICATION RECORDED AUGUST 5, 2002 AT RECEPTION NO. 470808. 17.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN TEMPORARY ACCESS AND PARKING EASEMENT RECORDED SEPTEMBER 12, 1996 UNDER RECEPTION NO. 398948 AND AMENDMENT RECORDED MARCH 31, 1997 AT RECEPTION NO. 402937 AND RELEASE AND PARTIAL VACATION RECORDED JULY 18, 1997 AT RECEPTION NO. 406446 AND AMENDED EASEMENT AND PARTIAL VACATION RECORDED MAY 4, 2001 AT RECEPTION NO. 454225.. 18.TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF AGREEMENT WITH HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED SEPTEMBER 24, 1997 AS RECEPTION NO. 408796. 19.TERMS, CONDITIONS AND PROVISIONS OF CITY OF ASPEN RESOLUTION NO. 9-2008 RECORDED MAY 09, 2008 AT RECEPTION NO. 548039 AND RERECORDED MAY 14, 2008 AT RECEPTION NO. 549132. 20.TERMS, CONDITIONS AND PROVISIONS OF CITY OF ASPEN ORDINANCE NO. 2, SERIES OF 2010 RECORDED JULY 06, 2010 AT RECEPTION NO. 571827. 21.TERMS, CONDITIONS AND PROVISIONS OF CITY OF ASPEN RESOLUTION NO. 17-2011 RECORDED SEPTEMBER 14, 2011 AT RECEPTION NO. 582728. 22.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED JULY 23, 2012 UNDER RECEPTION NO. 590784. 23.TERMS, CONDITIONS AND PROVISIONS OF CITY OF ASPEN RESOLUTION NO. 18-2012 RECORDED SEPTEMBER 28, 2012 AT RECEPTION NO. 592664. 24.TERMS, CONDITIONS AND PROVISIONS OF CITY OF ASPEN RESOLUTION NO. 24, SERIES OF 2012 RECORDED JANUARY 08, 2013 AT RECEPTION NO. 595908. 25.TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL FOR PUD AMENDMENT AND SPA AMENDMENT RECORDED JANUARY 14, 2013 AT RECEPTION NO. 596102. 26.TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL FOR PUD AMENDMENT, SPA AMENDMENT AND STREAM MARGIN EXEMPTION RECORDED JULY 24, 2013 AT RECEPTION NO. 601690. ALTA COMMITMENT Chicago Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABD62012617-3 27. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED APRIL 25, 2014 AT RECEPTION NO. 609754. 28. TERMS, CONDITIONS AND PROVISIONS OF CITY OF ASPEN RESOLUTION NO. 5, SERIES OF 2014 RECORDED MAY 02, 2014 AT RECEPTION NO. 610004. 29. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN CLUB & SPA SUBDIVISION RECORDED MAY 13, 2014 UNDER RECEPTION NO. 610262. 30. TERMS, CONDITIONS AND PROVISIONS OF ASPEN CLUB & SPA SUBDIVISION PUD/SPA AGREEMENT RECORDED MAY 13, 2014 AT RECEPTION NO. 610263. 31. TERMS, CONDITIONS AND PROVISIONS OF CITY OF ASPEN RESOLUTION NO. 17, SERIES OF 2014 RECORDED DECEMBER 19, 2014 AT RECEPTION NO. 616146. 32. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 7 SERIES OF 2015 RECORDED MARCH 23, 2015 AT RECEPTION NO. 618368. 33. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AMENDED SUBDIVISION/PUD AGREEMENT RECORDED JULY 16, 2015 UNDER RECEPTION NO. 621568. 34. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT RECORDED AUGUST 3, 2016 AT RECEPTION NO. 631157 AND RECORDED OCTOBER 11, 2016 UNDER RECEPTION NO. 632917. 35. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN AGREEMENT RECORDED AUGUST 03, 2016 UNDER RECEPTION NO. 631158. 36. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF AMENDED ASPEN CLUB AND SPA RECORDED JULY 16, 2015 UNDER RECEPTION NO. 621569 AND PLAT RATIFICATION RECORDED OCTOBER 2, 2015 AT RECEPTION NO. 623830. 37. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE UNITED STATES OF AMERICA, THE STATE OF COLORADO, OR THE PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN AND OVER THE PAST AND PRESENT BED, BANKS OR WATERS OF ROARING FORK RIVER. 38. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS 39. TERMS, CONDITIONS AND PROVISIONS OF CITY OF ASPEN ORDINANCE NO. 7, SERIES 2015 RECORDED MARCH 23, 2015 AT RECEPTION NO. 618368. 40. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT RECORDED AUGUST 03, 2016 UNDER RECEPTION NO. 631157 AND RECORDED OCTOBER 11, 2016 AT RECEPTION NO. 632917. ALTA COMMITMENT Chicago Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABD62012617-3 DISCLOSURE STATEMENT Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 8-1-2 (Section 5), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph H, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • Colorado Division of Insurance Regulation 8-1-2, Paragraph M of Section 5, requires that prospective insured(s) of a single family residence be notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. • Colorado Division of Insurance Regulation 8-1-3, Paragraph C. 11.f. of Section 5 - requires a title insurance company to make the following notice to the consumer: “A closing protection letter is available to be issued to lenders, buyers and sellers” • If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). • Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. • Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file a document that does not conform to requirements of this paragraph. • Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information: The subject property may be located in a special taxing district. A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor. • Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: that there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Effective January 1, 2020 Copyright 2020. Fidelity National Financial, inc. All rights Reserved. FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective January 1, 2020 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF”, “our” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such inforation, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: · contact information (e.g., name, address, phone number, email address); · demographic information (e.g., date of birth, gender, marital status); · identiy information (e.g. Social Security Number, driver’s license, passport, and other government ID number) · financial account information (e.g., loan or bank account information); and · other personal information necessary to provide products or services to you. We may collect Personal Information about you from: · information we receive from you or your agent; · information about your transactions with FNF, our affiliates, or others; and · information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others Collection of Browsing Information. FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or device; · Internet Protocol (IP) address and operating system; · browser version, language, and type; · domain name system requests; and · browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: · To provide products and services to you or in connection with a transaction involving you. · To improve our products and services. · To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: · to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; · to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; · to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; ·to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or · in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We do share Personal Information among affiliates (other companies owned by FNF) to directly market to you. Please see “Choices with Your Information” to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an “opt out” request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents:We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Effective January 1, 2020 Copyright 2020. Fidelity National Financial, inc. All rights Reserved. Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. We may use comments or feedback that you submit to us in any manner without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Effective January 1, 2020 Copyright 2020. Fidelity National Financial, inc. All rights Reserved. Commitment For Title Insurance Issued by Chicago Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Chicago Title Insurance Company, a Florida corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) Issued through the Office of: LAND TITLE GUARANTEE COMPANY 3033 E. 1ST AVE #600 DENVER, CO 80206 (303)321-1880 Craig B. Rants, Senior Vice President 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) PRE-APPLICATION CONFERENCE SUMMARY DATE: September 22, 2022 PLANNER: Garrett Larimer, garrett.larimer@aspen.gov PROJECT NAME AND ADDRESS: Aspen Club, 1450 Ute Ave. REPRESENTATIVE: Chris Bendon, BendonAdams, chris@bendonadams.com DESCRIPTION: An Insubstantial PD Amendment is requested to allow for a reconfiguration on the “Club Units” (lodge units) in the main building. The PD approved 6 units, to contain 4 bedrooms, each with a lock off unit. A 20,000-sf. cap was approved for all 6 units. The applicant has indicated the changes will continue to comply with maximum floor area established by the PD. The applicant has indicated two units will be reconfigured into three- and five-bedroom units, with each continuing to include a lock-off. Other floor plan changes are indicated, including changes to decks, and all changes will be reviewed upon submission of an application. Based on the initial scope presented by the applicant, the changes may be eligible for an Insubstantial Planned Development Amendment. The applicant shall respond to the review criteria in Section 26.445.110.A, provide existing and proposed floor plans, and documentation that the project complies with the relevant requirements of the Planned Development and land use code. No referrals are included at this time, but if any changes warrant a referral review, relevant referral agencies may be added during the application review process. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.445.110.A Insubstantial Amendment to a Planned Development Land Use Application Land Use Code REVIEW BY: •Staff for complete application. •Community Development Director for determination. REQUIRED LAND USE REVIEW(S) Insubstantial Amendment to a Planned Development PUBLIC HEARING: No PLANNING FEES: $1,300 Deposit for 4 hours of staff time (additional/lesser hours will be billed/refunded at a rate of $325/hr.) REFERRAL FEES: No Exhibit 6 TOTAL DEPOSIT: $1300 APPLICATION CHECKLIST – These items should first be submitted as a single pdf emailed to garrett.larimer@aspen.gov.  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 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. The description of work should include units sizes, layout, lock-off configuration, number of pillows, and any other pertinent information in the proposal.  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Exhibit 7 Aspen Club – Vicinity Map Exhibit 8 RECEPTION#: 618368, 03/23/2015 at 09:15:24 AM, 2 OF 12, Janice K. Vos Caudill, Pitkin County, CO WHEREAS, during a duly noticed public hearing on December 16, 2014, the Planning and Zoning Commission approved Resolution No. 17, Series of 2014, by a six to zero (6 — 0) vote, approving Lodge and Affordable Housing Growth Management Reviews and recommending City Council approve a PUD Other Amendment; and, WHEREAS, pursuant to Chapter 26.445 of the Land Use Code, Planned Development - Project Review approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, following review by the Planning and Zoning Commission, the Applicant amended the application to request additional lodge pillow allotments, reduce the number of lodge units, as well as make additional design changes, requiring additional Lodge and Affordable Housing Growth Management Reviews, Commercial Design Review, and Subdivision Review; and, WHEREAS, pursuant to Chapter 26.304, Common Development Review Procedures, and Section 26.304.060.B.4, Modification of Review Procedures, all other land use reviews, as identified herein, have been combined to be considered by the City Council at a duly noticed public hearing; and, WHEREAS, such combination of review procedures was accomplished with all required public noticing provided as evidenced by an affidavit of public noticing submitted to the record, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, on February 9, 2015 the Aspen City Council approved Ordinance No. 7, Series 2015, on First Reading by a three to zero (3-0) vote; and, WHEREAS, during a public hearing on March 9, 2015, the Aspen City Council approved Ordinance No. 7, Series 2015, by a five to zero (5-0) vote, approving with conditions the Aspen Club & Spa Amendment and all necessary land use reviews; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. City Council Ordinance No. 7, Series 2015 Page 2 of 8 RECEPTION#: 618368, 03/23/2015 at 09:15:24 AM, 3 OF 12, Janice K. Vos Caudill, Pitkin County, CO NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby grants approval of the Aspen Club and Spa Planned Development Amendment, Subdivision Amendment, Lodge and Affordable Housing Growth Management Allotments, and Commercial Design Review Amendment. Section 2: Planned Development Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a PUD Other Amendment memorializing the following items: • Removal of the subgrade parking garage and relocation of the parking spaces to the surface of Lot 15-A and the roof of the Club building. • The use of synthetic roofing material that looks like metal, as represented in the City Council meeting on March 9, 2015. • Revised dimensions are outlined in Exhibit A, and a setback exhibit is attached in Exhibit B. All other dimensions remain unchanged. • A perpetual easement for the pool wall enclosure to the benefit of the Aspen Club & Spa shall be placed on applicable portions of Lot 15-D. Section 3: Subdivision Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a Subdivision Amendment that adjusts the lot line between Lots 15-A and 15-E. No change in the lot areas is proposed. Section 4: Commercial Design Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a Commercial Design Amendment memorializing the following items: • The use of synthetic roofing material that looks like metal, as represented in the City Council meeting on March 9, 2015. • The addition of an elevator to provide ADA access from the lower bench of the site (where the lower townhome units are located) to the upper bench of the site (where the parking and club building are located). • Minor elevation changes to the Club Building due to a reduction of one (1) lodge unit, and the addition of parking on the Club Building, as shown in Exhibit C. Section 5: Growth Management Allotments Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves ten (10) lodge allotments through its lodge development Growth Management Review, and approves the Aspen Club to utilize the previously approved affordable housing units as mitigation through its affordable housing Growth Management Review. This approval is for an increase in lodge pillows and a decrease of one (1) lodge unit, for a total of 140 lodge pillows, 70 bedrooms, and 20 lodge units (exclusive of lock -off units) in the project. City Council Ordinance No. 7, Series 2015 Page 3 of 8 RECEPTION#: 618368, 03/23/2015 at 09:15:24 AM, 4 OF 12, Janice K. Vos Caudill, Pitkin County, CO Section 6: Affordable Housing 6.1 Previous Mitigation Calculations. The project is approved for a total of 12 affordable housing units, providing mitigation for 27 FTEs. The approved project included a mitigation requirement of 18.6 FTEs, resulting an existing "credit" of 8.4 FTEs. 6.2 Mitigation Requirements. The project proposes an additional ten (10) lodge pillows, or five (5) new bedrooms. The mitigation required for the additional pillows is as follows: Mitigate for the additional 5 lodge bedrooms @ 60% 5 lodge bedrooms * 0.5 FTEs = 2.5 FTEs generated 2.5 FTEs @ 60% mitigation = 1.5 FTEs required mitigation The project has an 7.5 FTE "credit", exceeding the incremental FTE generation increase in this amendment. The 7.5 FTE "credit" —1.5 FTE requirement = 6 FTE "credit" remaining 6.3 Conditions. The Affordable Housing units shall be subject to all conditions outlined in the previous approvals. 6.4 Access Easements. The affordable housing units shall be granted a perpetual access easement through the site to use all internal side sidewalks in order to access the Roaring Fork River through Lot 15-A. Formalized internal sidewalks through the site shall be added to the site plan, as necessary, to accommodate this condition. The affordable housing units shall be granted a perpetual access easement to any of their storage that is located on Lot 15-A. Section 7: Parking 7.1 Parking Users: All parking spaces shall be limited to use by guests, tenants, and users of the Project. Car storage shall be prohibited for guests and users of the Club and Timeshare uses. 7.2 Affordable Housing Parking: Each affordable housing unit shall be assigned a parking space, located in front of the affordable housing units and along Ute Ave. A minimum of twelve (12) parking spaces shall be provided. Up to five (5) additional parking spaces may be added for the purpose of temporary, short-term parking by the affordable housing tenants and guests, which shall be located in the same areas. 7.3 Parking on Club Building Structure: The parking spaces located on the Club Building shall be valet parking only. Section 8: Subdivision/PD Plat and Agreement The Applicant shall submit an amendment to the Subdivision/PD agreement (hereinafter "Agreement") that meets the requirements of the Land Use Code within 180 days of this approval. a. The following plans are required in the Approved Plan Set: City Council Ordinance No. 7, Series 2015 Page 4 of 8 RECEPTION#: 618368, 03/23/2015 at 09:15:24 AM, 5 OF 12, Janice K. Vos Caudill, Pitkin County, CO 1. Final Commercial Design Review/ Architectural Character Plan. 2. Planned Development Project and Detail Review Plans. 3. Public Infrastructure Plan. A Condominium Map shall be completed for the development in accordance with Section 26.480.050(A), Condominium ization. Section 9: Fire Mitigation 9.1 Fire Codes: All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). 9.2 Pool Area Access: The Applicant shall work with the Fire Department during the building permit review to address proper emergency access to the pool area. This may include the addition of an emergency access stair from the parking are on the roof of the Club building to the pool area, or other designed access solution. The Fire Department shall review and approve the final design of any access solution. The Community Development Department shall be notified if the access solution results in a design change. Addition of a stair, or other minor change required for adequate access, may be approved administratively. Section 10: Outdoor Lighting and Signage All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code. Section 11: Building Department The Applicant shall meet all applicable building and accessibility codes in place at the time of building permit. Section 12: Previous Approvals All conditions outlined in all previous approvals remain valid and in effect, except as amended herein. Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 14: This 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 15• City Council Ordinance No. 7, Series 2015 Page 5 of 8 RECEPTION#: 618368, 03/23/2015 at 09:15:24 AM, 6 OF 12, Janice K. Vos Caudill, Pitkin County, CO 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, by the City Council of the City of Aspen on the 9th day of February, 2015. AT ST: Linda Manning, City Cl erk FINALLY, adopted, passed and approved this 9th day of March, 2015. APPROVED AS TO FORM: roes R. True, City Attorney 11� ` cu� Linda Manning, City Clerk Attachments: Exhibit A: Approved Dimensional Requirements Exhibit B: Setback Exhibit Exhibit C: Revised Club Elevations Exhibit D: Elevator Elevations Skadron, Mayor K9 AS TO CONTENT: r Steven Skadipn, Mayor City Council Ordinance No. 7, Series 2015 Page 6 of 8 RECEPTION#: 618368, 03/23/2015 at 09:15:24 AM, 7 OF 12, Janice K. Vos Caudill, Pitkin County, CO Exhibit A Dimensional Approved Dimensional Requirements Requirement Lot 15-A: 152,6691 sq. ft. Lot 15-B: N/A Minimum Lot Size Lot 15-C: 19,451 sq. ft. Lot 15-D: 31,655 sq. ft. Lot 15-E: 11,459 sq. ft. Lot 15-A: Existing height plus 8 inches for a re -roof Lot 15-E: 30 feet Maximum Height' On all lots, internal landscape/retaining walls may exceed 30 inches, as shown on the Final PUD Plans Lot 15-A Front Yard Setback: 30 feet, 25 feet for affordable housing storage Setbacks access Lot 15-A West Side Yard Setback: 18 feet to parking stair, all other unchanged. Overall Allowed Floor Area: 107,750 sq. ft. Aspen Club & Spa Building: 40,000 sq ft Allowable Floor Area3 Lodge: 54,000 sq. ft. (Townhouse Units: 36,000 sq. ft.; Club Units: 18,000 sq. ft.) Multi -family (affordable housing units): 13,600 sq. ft. Elevator enclosure in middle of site: 150 sq. ft. Minimum 128 spaces (up to 133 spaces may be provided) Lodge: 21 spaces Minimum Off -Street Parking Aspen Club and Spa: 95 spaces (60 spaces on Lot 15-A; 35 spaces on Lots 14A & 14W) AH units: 12 spaces (up to 5 additional short-term spaces may be provided) City Council Ordinance No. 7, Series 2015 Page 7 of 8 RECEPTION#: 618368, 03/23/2015 at 09:15:24 AM, 8 OF 12, Janice K. Vos Caudill, Pitkin County, CO All heights measured from finished grade. Consistent with code, chimneys, flues, vents, elevator and stair enclosures, and similar apparatus may extend no more than ten (10) feet above the overall height limit of 28 feet for all lots in the PUD, as measured from finished grade. Rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects, provided the railing is the minimum reasonably necessary to provide adequate safety and building code compliance. Permeant rooftop amenities, including any pad the amenity/equipment is placed on, may extend up to five (5) feet above the height of the building at the point the equipment is attached. Heating, ventilation, and air conditioning systems, including any pad the equipment is placed on, may extend up to six (6) feet above the height of the building at the point the equipment is attached; walls/fences are also permitted around such equipment as necessary to screen the equipment from view. Energy efficiency systems or renewable energy production systems and associated equipment located on top of a building may extend up to ten (10) feet above the height of 1 the building at the point the equipment is attached. All setbacks are illustrated on the Setback Exhibit; Exhibit B to this Ordinance. To the extent that any conflict exists between the listed setbacks and the Setback Exhibit (Exhibit B to this Ordinance), the Setback Exhibit 2 shall govern. Up to 2,000 sq ft of floor area may be exchanged between the Aspen Club & Spa Building and the Club units. At no time may the Overall Floor Area exceed the allowances herein, unless approved through a Planned 3 Development Amendment. City Council Ordinance No. 7, Series 2015 Page 8 of 8 RECEPTION#: 618368, 03/23/2015 at 09:15:24 AM, 9 OF 12, Janice K. Vos Caudill, Pitkin County, CO -Exr�b�+ 13 -ck- �n�br-� M� n fi B 3 it, �3g_ HIM 0 N U Z O W z N 2 � w O � Z s5 RECEPTION#: 618368, 03/23/2015 at 09:15:24 AM, 10 OF 12, Janice K. Vos Caudill, Pitkin County, CO S RECEPTION#: 618368, 03/23/2015 at 09:15:24 AM, 11 OF 12, Janice K. Vos Caudill, Pitkin County, CO 60 J z Z O N � < W W Z In Q CD m Z f 0 W Z� J (n a Cr w w z w w z 0 r N Q •V � W � 06 I L U ^� C ::3 O U •� Q En :3 Q 'O 10 El L 'O V .O a S, ma � � c L — vi �a - c � � G � a o�$ pG� L � N L C y. O _ a ei 'v a A� c � y c a n _ pp y c c o :o O •M _ N -Ll a a O O. N E a n � V C l0 S. C � N 0 y Uf L C Eo - w n °�' ai w •' a r a o CL. RECEPTION#: 618368, 03/23/2015 at 09:15:24 AM, 12 OF 12, Janice K. Vos Caudill, Pitkin County, CO �_--Xbbitb - EIevG&lr .8 O. Ui 0 U W CU Q� U C O U W L q U W U U O U 4- U) m w O c� > a� W Q8 r d. € N cn & " O � y a rL W o U a C O U t/? N i O N W i q U W /1 CU : 0. c O U L .L- i O Z O cv W L b z O z n z= 4-J ~ W W N'• .Sl O=c d Exhibit 9 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 2 OF 127, Janice K. Vos Caudill, Pitkin County, CO 26.480.070.C. and D. of Title 26, Land Use Regulations, of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure (i) that the required public facilities are installed and (ii) that the required landscaping is implemented and maintained, and ACRC is prepared to provide such guarantees as hereinafter set forth; and WHEREAS, contemporaneously with the execution and recording of this Amended Subdivision/PUD/SPA Agreement, City and ACRC have executed and recorded as Reception No. _ the Amended Final Plat (Plat Book _ at Page as Reception No. ) and the Amended Final PUD/SPA Development Plan (Plat Book at Page ), all in the Office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Amended Final Plat and the Amended Final PUD/SPA Development Plan for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF AMENDED SUBDIVISION/PUD/SPA AGREEMENT 1.1 Purpose. The purpose of this Amended Subdivision/PUD/SPA Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the renovation of the Aspen Club & Spa (the "Club"), the development of new timeshare lodge units and affordable housing units on the Property, and to enumerate all terms and conditions under which such activities may occur. 1.2 Effect on Prior Instruments and Approvals (see Article VI Below). It is the express intent of the parties that this Amended Subdivision/PUD/SPA Agreement, the Amended Final Plat, and the Amended Final PUD/SPA Development Plan shall and do hereby collectively amend, supersede and replace in their entirety the above -referenced recorded original Subdivision/PUD/SPA Agreement, Final Plat, and Final PUD/SPA Agreement, and that from and after the execution and recording of such Amended documents the recorded original Subdivision/PUD SPA Agreement, the recorded original Final Plat and the recorded original Final PUD/SPA Agreement shall be deemed fully and forever cancelled, terminated and of no further force or effect whatsoever. It is the further intent of the parties that this Amended Subdivision/PUD/SPA Agreement, the Amended Final Plat, and the Amended Final PUD/SPA Agreement shall and do hereby collectively and effectively amend or supersede certain other previously recorded subdivision and planned unit development agreements, plats, land use approvals, easements and other documents and agreements encumbering the Property, as more specifically set RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 3 OF 127, Janice K. Vos Caudill, Pitkin County, CO forth in Article VI below (collectively, the "Prior Instruments and Approvals"), and City and ACRC agree to cooperate in the execution and recording in future of any further documents as may be determined to be necessary or appropriate to accomplish the amendment and/or termination of said Prior Instruments and Approvals. All prior land use approvals and agreements associated with the Property that are not referenced in the first paragraph above of this Section 1.2 or that are not identified as Prior Instruments and Approvals in Article VI below shall remain unmodified hereby and in full force and effect. 1.3 Termination of Detached Residential Development Risht. The right to build detached residential dwellings on the Property (Lot 15 of the Callahan Subdivision/PUD, as further subdivided herein) is hereby terminated. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Approval Actions. (a) Aspen Planning and Zoning Commission Resolution No. 15 (Series of 2009) approved October 20, 2009 and recorded October 28, 2009 as Reception No. 563998 granted Stream Margin Review approval for the Project (as defined below) and a growth management allotment for the Project's twelve (12) affordable housing units. (b) City Council Ordinance No. 2 (Series of 2010) approved July 1, 2010 and recorded July 6, 2010 as Reception No. 571827 granted Final PUD/SPA development plan approval for the development of twenty (20) timeshare lodge units (comprised of fourteen (14) Townhouse style units, hereinafter "Townhouse Units," and six (6) Club style units, hereinafter "Club Units") and twelve (12) affordable housing units on the Property, the reconfiguration and renovation of the existing Aspen Club & Spa building (the "Club Building"), and the construction of a fifty-four (54) space subgrade parking garage on the Property (collectively, the "Project"). Ordinance No. 2 also (i) rezoned the Property to Specially Planned Area (SPA) Overlay, (ii) granted subdivision approval to subdivide the Property into five (5) separate lots (two Townhouse Lots, one Club Unit Lot, one AH Unit Lot, and the Club Lot); (iii) granted a growth management quota system allotment for one hundred twenty four (124) lodge pillows; and (iv) granted approval to condominiumize the timeshare lodge units and to sell the timeshare lodge units pursuant to a timeshare use plan (the "Fractional Ownership Plan"). (c) Aspen Planning and Zoning Commission Resolution No. 17 (Series of 2011) approved September 6, 2011 and recorded September 14, 2011 as Reception No. 582728 granted Final Commercial Design Review for the Project. RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 4 OF 127, Janice K. Vos Caudill, Pitkin County, CO (d) The Development Order for the above -described Approvals was issued by the Aspen Community Development Department (COMDEV) on September 12, 2011, with an Effective Date of September 17, 2011. (e) Aspen Planning and Zoning Commission Resolution No. 16 (Series of 2012) approved September 18, 2012 and recorded September 28, 2012 as Reception No. 592664 granted an additional six (6) lodge pillow GMQS allotment to permit the reconfiguration of the two (2) previously approved 2-bedroom Club Units as 3-bedroom units and the future conversion of the timeshare sales office to a new studio Club Unit. (f) COMDEV Notice of Approval issued on September 24, 2012 and recorded January 14, 2013 as Reception No. 596102, approving the PUD and SPA Amendment for the Project to allow for the conversion of two 2-bedroom Club Units into 3-bedroom units and the creation of one new studio Club Unit, resulting in a total of 21 timeshare lodge units. (g) Aspen Planning and Zoning Commission Resolution No.24 (Series of 2012) approved December 18, 2012 and recorded January 8, 2013 as Reception No. 595908, approving a Commercial Design Review Amendment for the Project as illustrated on Exhibit A to the Resolution. (h) COMDEV Notice of Approval issued on July 12, 2013 and recorded July 24, 2013 as Reception No. 601690, approving certain Administrative PUD and SPA Amendments involving various minor changes to the building, site plan, materials, and internal space design of the Project, as detailed in the Approval and on the drawings attached thereto as Exhibit A, and including approval of a Stream Margin Exemption for a proposed ACSD sewer alignment on the Property. (i) The Development Order for the Approvals described in (e) through (h) above was issued by COMDEV on July 12, 2013 with an effective date of July 25, 2013. 0) Aspen Planning and Zoning Commission Resolution No. 5 (Series of 2014) approved April 15, 2014 and recorded May 2, 2014 as Reception No. 610004, approving a PUD Amendment that increased the allowable floor area for the Club Building on Lot 15-A from 31,870 square feet to 47,595 square feet. The Resolution also permitted retaining walls to exceed 30 inches above grade, and the adjustment of final grade by more than 30 inches, along the eastern -most property line as illustrated on Exhibit A to the Resolution. (k) COMDEV Notice of Approval issued on April 23, 2014 and recorded April 25, 2014 as Reception No. 609754, approving the height of certain site retaining walls as illustrated on Exhibit A to the Notice and a Document/Plan/Fee Submission Schedule for the Project. RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 5 OF 127, Janice K. Vos Caudill, Pitkin County, CO (1) Aspen Planning and Zoning Commission Resolution No. 17, Series of 2014, approved on December 16, 2014 and recorded December 19, 2014 as Reception No. 616146, approving Lodge and Affordable Housing Growth Management Reviews and recommending City Council approve a PUD Other Amendment. (m) City Council Ordinance No. 7, Series of 2015, approved on March 9, 2015 and recorded March 23, 2015 as Reception No. 618368 memorializing a PUD Other Amendment including the following items: • Removal of the subgrade parking garage and relocation of the parking spaces to the surface of Lot 15-A and the roof of the Club building. • The use of synthetic roofing material that looks like metal, as represented in the City Council meeting on March 9, 2015. • Revised dimensions are outlined in Exhibit B attached hereto, and a setback exhibit is attached as Exhibit C hereto. All other dimensions remained unchanged. • A perpetual easement for the pool wall enclosure to the benefit of the Aspen Club & Spa shall be placed on applicable portions of Lot 15-D. In addition to these PUD Amendments, said Ordinance No. 7 included the additional items noted below: • A Subdivision Amendment adjusting the lot line between Lots 15-A and 15-E. • A Commercial Design Amendment approving the use of synthetic roofing materials, the addition of an elevator to provide ADA access between the lower bench and the upper bench of the site, and minor elevation changes to the Club building. • Growth Management Allotments increasing the total lodge pillow approval to 140 lodge pillows, approving a total of 70 bedrooms, and eliminating one lodge unit for a remaining total of 20 lodge units. • Affordable housing mitigation calculations. • Access easements for the affordable housing units. • Parking requirements and conditions. • Fire mitigation requirements. (n) The Development Order for the approvals described in (1) through (m) above was issued by COMDEV on March 23, 2015 with an effective date of March 9, 2015. 2.2 Approvals and Development Orders Control. The provisions of the above -described Approvals, including the Development Orders, are RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 6 OF 127, Janice K. Vos Caudill, Pitkin County, CO incorporated herein and made a part of this Amended Subdivision/PUD/SPA Agreement. To the extent that matters addressed in such Approvals (including the Development Orders) and in this Amended Subdivision/PUD/SPA Agreement are in conflict, the provisions of the Approvals and the Development Orders shall control. 2.3 Dimensional Requirements. The Approved Dimensional Requirements for the Project are set forth on Exhibit B attached hereto and made a part hereof by this reference, and all Setbacks are illustrated on the Setback Exhibit attached hereto as Exhibit C (Exhibits A and B to above -referenced City Council Ordinance No. 7, Series of 2015). 2.4 Vested Rights. Under COMDEV Development Order issued March 23, 2015 with an effective date of March 9, 2015 (the " 2015 Development Order"), and as initially approved by Ordinance No. 2, Series of 2010 and Planning and Zoning Commission Resolution No. 17, Series of 2011, the right to undertake and complete the development and use of the Property pursuant to the terms and conditions of the site specific development plan for the Property is vested until September 17, 2016, and shall not be altered, impaired, diminished or delayed by any subsequent zoning or land use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment of such vested rights for the Property was conducted on July 1, 2010. As authorized by CRS Section 24-68-102(4)(a), City and ACRC agree that the site specific plan for the Property consists of and includes, but is not limited to, the number, permitted size, and configuration of the Townhouse Units, the Club Units, the Affordable Housing Units, the parking spaces, and the other spaces and areas in the Project; all other matters set forth in the various Approvals referenced in Section 2.1 above; the Fractional Ownership Plan; the Amended Final Plat recorded in Plat Book at Page _; the Amended Final PUD/SPA Development Plan for Aspen Club & Spa Subdivision/PUD/SPA recorded in Plat Book _ at Page , all in the Office of the Clerk and Recorder of Pitkin County, Colorado; this Amended Subdivision/PUD/SPA Agreement; and all other documents and plans recorded concurrently herewith. For purposes of this Section 2.4, this Amended Subdivision/PUD/SPA Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 3.1 The Components of the Project. The Project approved pursuant to the Approvals referenced in Section 2.1 above will consist of the following principal components: (a) Townhouse Units. The Project will contain fourteen (14) timeshare lodge units (the "Townhouse Units") in three (3) new structures (the "Townhouse Buildings"). The Townhouse Units will be configured as townhouses, RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 7 OF 127, Janice K. Vos Caudill, Pitkin County, CO and will consist of ten (10) three -bedroom units and four (4) four -bedroom units. Each Townhouse Unit will contain one (1) lock -off bedroom resulting in a total of twenty-eight (28) keys. The fourteen (14) Townhouse Units are limited to a maximum allowable floor area of 36,000 square feet calculated in accordance with the floor area regulations attached hereto as Exhibit D and made a part hereof by this reference. Vesting Period Note: Such Exhibit D floor area calculation shall only be applicable during the vesting period. If such calculation is made after the vesting period expires, it shall be subject to the floor area regulations then in effect. (b) Club Units. The Project will also contain six (6) timeshare lodge units to be located within the remodeled Aspen Club & Spa building (the "Club Units"). The Club Units will consist of six (6) four -bedroom units. Each of the four -bedroom Club Units will contain one (1) lock -off bedroom, hence the Club Units will represent a total of twelve (12) keys. The Club Units are limited to a maximum allowable floor area of 20,000 square feet inclusive of any ancillary unit space, circulation area and lobby area directly attributable to the Club Units. Floor area shall be calculated in accordance with the floor area regulations attached hereto as Exhibit D, subject to the Vesting Period Note set forth in Section 3.1(a) above. (c) Condominiumization of Units. The Townhouse Units and Club Units will be condominiumized and sold pursuant to the Fractional Ownership Plan defined and described in the Declaration of Condominium for the Aspen Club Condominiums (the "Declaration") to be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado contemporaneously with the recording of the Condominium Map therefor. As provided in the Declaration, the Townhouse Units and Club Units (collectively, the "Condominium Units") will be available for walk-in, short-term rental to the public when the Units are not being occupied by an Owner, an Owner's guest, or persons occupying the Unit under an exchange program. (d) Mandatory Physical Elements. The Project will contain the mandatory physical elements which are specified in Section 26.590.060.A of the Land Use Regulations in effect on September 17, 2007, attached hereto as Exhibit D. The Club, pursuant to contractual agreement with the Aspen Club Condominium Association (the "Association"), will provide for the benefit of the Condominium Units a fully -staffed, on -site front desk which will be located on the Club's main entry level. The front desk will be sized to accommodate the needs of the Owners, guests and renters of the Units. The front desk will be staffed with the Club's normal front desk personnel during regular business hours, will provide full-time registration and reservation services, including late check -in and other off -hours guest and Owner services, and will accommodate walk-in rentals. The Club offers recreational activities and facilities which will be available to both Club members and to the owners of fractional interests in Condominium Units. The Club will also provide a lobby area for the use of Club members and Unit Owners. RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 8 OF 127, Janice K. Vos Caudill, Pitkin County, CO (e) Mandatory Operational Practices. The Project will also comply with the following mandatory operational practices, as set forth in Section 26.590.060.B of the Land Use Regulations in effect on September 17, 2007 attached hereto as Exhibit D, to wit: (i) The Condominium Units will be available for short-term rental by the general public when a Unit is not occupied by an Owner, an Owner's guests, or persons occupying the Unit under an exchange program. Units that are available for rental will be listed at competitive rates in the Managing Agent's reservation system or with a central reservation system in Aspen. (ii) The Declaration will require that the Association permit walk-in rentals of Units on a nightly, split -week or weekly basis, subject to availability. (iii) The reservation system will require that Owners reserve their use periods sufficiently in advance to enable other Owners and the public to rent Units that are not so reserved. (iv) An Owner shall not be permitted to occupy the Owner's timeshare estate for any period in excess of thirty (30) consecutive calendar days or for more than a total of ninety (90) days in any calendar year. (v) All Units in the developer's inventory will be made available for rental to the public while the timeshare estates are being sold, except for models and other Units that are needed for marketing or promotional purposes. (f) Aspen Club & Spa. (i) The Club Building shall be limited to 63,199square feet of net leasable commercial area. The Club Building's floor area shall be limited to a maximum allowable floor area of 58,000 square feet inclusive of the 18,000 - 20,000 square feet of floor area attributable to the Club Units. Floor area shall be calculated in accordance with the floor area regulations attached hereto as Exhibit D and made a part hereof by this reference. Net leasable commercial area shall be calculated in accordance with the definition of such area included in attached Exhibit D. Exhibit D is subject to the Vesting Period Note set forth in Section 3.1(a) above. (ii) The Aspen Club & Spa is a "Recreation Club" as such term is defined in the Land Use Regulations attached as Exhibit D, and is an approved conditional use in the RR, Rural Residential, Zone District. Allowed uses of the Aspen Club & Spa shall be those uses permitted from time to time in the RR, Rural Residential, Zone District, and those uses RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 9 OF 127, Janice K. Vos Caudill, Pitkin County, CO associated with the operation of the Property as a health club, spa, lodge, and integrated healthy living facility. (g) Affordable Housing Units. (i) The Project will contain twelve (12) Affordable Housing Units, to be located in a single new multi -family structure. Three (3) of the Affordable Housing Units will contain a minimum net livable area of 850 square feet while the remaining nine (9) Affordable Housing Units will contain a minimum net livable area of 950 square feet. The Affordable Housing Units are limited to a maximum allowable floor area of 13,600 square feet calculated in accordance with the floor area regulations attached hereto as Exhibit D, subject to the Vesting Period Note set forth in Section 3.1(a) above. (ii) The three (3) smaller Affordable Housing Units will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 2 income and occupancy guidelines for rental units in effect at the time of recording of the Condominium Map for the Condominium Units. Five (5) of the larger Affordable Housing Units will be deed restricted to APCHA's Category 3 guidelines and the remaining four (4) Affordable Housing Units will be deed restricted to APCHA's Category 4 guidelines. The deed restriction will reserve to ACRC and its successors and assigns the first right from time to time to select and place qualified ACRC employees as tenants in the Affordable Housing Units. If ACRC does not provide a qualified tenant for a Unit, such Unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy in a Unit during a lease period be tied to continued employment by ACRC. Tenant leases may, however, be terminated for cause or at the end of the lease period upon termination of employment by ACRC. Each tenant in a Unit shall be required to be requalified by APCHA on a yearly basis. (iii) The deed restriction shall allow the Units to become ownership units at such time as ACRC elects to condominiumize and sell the Units, or at such time as APCHA determines that one or more Units are out of compliance with APCHA Guidelines for one year. If any of the Units are found to be out of compliance for one year, or if ACRC elects to sell the Units, the Units shall be listed for sale with APCHA at the categories specified in the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or the CPI (simple appreciation not compounded), whichever is less, as of the listing date of the Units. The foregoing notwithstanding, if the Units are being sold due to noncompliance, all of the Units shall be sold through the lottery system, unless APCHA or the City elects to purchase the Units for rental to qualified tenants in accordance with APCHA Guidelines. If ACRC has elected to sell the Units, ACRC may choose one third (1/3) of RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 10 OF 127, Janice K. Vos Caudill, Pitkin County, CO the initial buyers provided they qualify under APCHA's top priority for the Unit. (iv) If ACRC elects to sell the Units, or if the Units are required to be sold because of noncompliance, ACRC shall condominiumize the Units and shall form a condominium association for the management and maintenance thereof, in compliance with the Colorado Condominium Ownership Act (CCIOA). Such affordable housing association shall be separate from the fractional ownership unit association. (v) The deed restriction shall be recorded prior to issuance of a Certificate of Occupancy for the last six Townhouse and/or Club Units. No Certificate of Occupancy shall be issued for the last six Townhouse and/or Club Units until a Certificate of Occupancy is issued for the Affordable Housing Units and until the deed restriction for the Affordable Housing Units has been executed and recorded. (vi) Subject to subsection (iv) above, the Affordable Housing Units shall be owned and managed by ACRC. More detailed information regarding management and maintenance of the Units will be provided to APCHA along with the draft of the proposed deed restriction and prior to issuance of a Certificate of Occupancy for the Units. (vii) The affordable housing commitment made by ACRC represents a voluntary negotiated agreement between ACRC, the City and APCHA, which has been proposed by ACRC as a public benefit in connection with the Project approved by Ordinance No. 2 (Series of 2010), as amended. ACRC and APCHA stipulate and agree that, in accordance with CRS Section 38-12-301(1)(a) and (b), the deed restriction that shall be recorded prior to Certificate of Occupancy for the Townhouse and Club Units constitutes a voluntary agreement and the deed restriction limits the rent on the property and is subject hereto and is to otherwise provide affordable housing stock. ACRC waives any right it may have to claim that the deed restriction will violate CRS Section 38-12-301. (viii) The affordable housing units shall be granted a perpetual access easement through the site to use all proposed internal sidewalks in order to access the Roaring Fork River through Lot 15-A. Formalized internal sidewalksthrough the site shall be added to the site plan, as necessary, to accommodate this condition. It is not anticipated that internal sidewalks will be added to the eastern portion of the site due to grade and other physical constraints. The affordable housing units shall be granted a perpetual access easement to any of their storage that is located on Lot 15-A. RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 11 OF 127, Janice K. Vos Caudill, Pitkin County, CO (h) Parking. The Minimum Off -Street Parking for the Project is set forth in the Approved Dimensional Requirements attached hereto as Exhibit B. Thirty-five (35) surface spaces shall continue to be provided on adjoining Lots 14A and 14W of the Callahan Subdivision. Of the ninety-eight (98) spaces on the Property, sixty (60) shall be reserved for members and guests of the Aspen Club & Spa. Twenty-one (21) of the spaces shall be reserved for use by Owners or guests of the Townhouse and Club Units, and twelve (12) spaces shall be reserved for use by tenants in the Affordable Housing Units. The Affordable Housing spaces shall be located in front of the Affordable Hosuing Units and along Ute Avenue. Up to five (5) additional parking spaces may be added in the same areas for the purpose of temporary short-term parking by the Affordable Housing Unit tenants and guests. The thirty-five (35) spaces on Lots 14A and 14W shall be reserved for use by members and guests of the Aspen Club & Spa. No parking is approved for Ute Avenue or in the cul-de-sac, including without limitation affordable housing parking. Parking on the Club Building shall be valet only. Long-term car storage shall be prohibited for guests, owners, and users of the Aspen Club & Spa and Timeshare uses. 3.2 Affordable Housing Mitigation. (a) Requirements. The Project's twenty (20) timeshare lodge units will contain seventy (70) bedrooms, which has been determined to generate thirty five (35) FTEs based on the City's applicable employee generation factor of 0.5 employees per lodge bedroom. No employees are generated by the Club, as no increase to its commercial net leasable area is proposed. ACRC has agreed to provide affordable housing mitigation for twenty-seven (27) employees. (b) Mitigation. As set forth in Section 3.1(g) above, three (3) Category 2, five (5) Category 3 and four (4) Category 4 two -bedroom units will be provided within the Project, which units will be credited with housing twenty-seven (27) FTEs. 3.3 Construction in Accordance with Buildin Codes and Plans, Pre -Construction Meeting. Construction of the Project, and all of its component parts, shall be accomplished in substantial compliance with all adopted building codes and requirements in effect at the time a Building Permit application is submitted, and with the Amended Final PUD/SPA Development Plan and with all architectural plans and elevations, utility plans, grading and drainage plans, and landscape plans that are recorded contemporaneously therewith and this Amended Subdivision/PUD/SPA Agreement. ACRC conducted a pre -construction meeting with the City Community Development Staff prior to submittal of an application for an Access and Infrastructure Permit for the Project and shall conduct a pre -construction meeting prior to Building Permit application for the Club Building. This meeting shall include the General Contractor, the architect producing the construction drawings, a representative of the Building Department, a representative of the Engineering Department, and the Community Development Department's case planner. RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 12 OF 127, Janice K. Vos Caudill, Pitkin County, CO 3.4 Energy Commitment. (a) The Project shall comply with the energy conservation measures contained in the Conceptual Energy & Mechanical Systems Plan report prepared by Resource Engineering Group dated November 24, 2008 and attached hereto as Exhibit E and made a part hereof by this reference. (b) An audit of the gas and electrical energy consumed by the existing Aspen Club building during the preceding three years was conducted by Resource Engineering Group and is summarized in their written report attached hereto as Exhibit E. The energy consumption reflected in that report averaged 18,600 million Btu/year over the subject three year period (the "Baseline Average"). ACRC hereby commits and agrees that following the redevelopment of the Property pursuant to this Amended Subdivision/PUD/SPA Agreement, the average annual energy consumption of all uses of the Property (including the Club, the Timeshare Units, and the Affordable Housing Units) will not exceed the Baseline Average. (c) ACRC commits and agrees that the Building Permit applications for the Project approved by Ordinance No. 2 (Series of 2010), including the Aspen Club & Spa facility upgrades discussed in Section 3.23(a) below, shall include the installation of such energy conservation mechanical components (including upgrades to existing systems) as may be designed and recommended by Resource Engineering Group, or other qualified engineering firm, in order to achieve the energy consumption Baseline Average for all anticipated uses of the Property (including the Club, the Townhouse and Club Units, and the Affordable Housing Units). The specifications and recommendations provided by Resource Engineering Group or other qualified engineering firm shall be reviewed and approved by the City Building Department and the Canary Initiative staff before the Building Permit for the Club Building is issued. (d) The installation of the energy consumption mechanical components (including upgrades to existing systems) that are incorporated in the approved Building Permit shall constitute public improvements that are to be covered by the bond or letter of credit (or other form of financial security) to be provided by ACRC to the City pursuant to Article IV(B)(d) below. (e) The final Certificate of Occupancy for the Project shall not be issued until ACRC has demonstrated to the Building Department and Canary Initiative staff that such required energy conservation mechanical components (including upgrades to existing systems) have in fact been installed by ACRC. (f) Within 30 days following the expiration of the one year period following the issuance of the final Certificate of Occupancy for the Project, ACRC shall provide the Building Department and Canary Initiative staff with a report summarizing the energy consumed by all uses of the Property during said one year RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 13 OF 127, Janice K. Vos Caudill, Pitkin County, CO period. With such report, ACRC shall provide the Building Department and Canary Initiative staff with copies of all energy bills used to prepare the report, for purposes of verification by the City. If such report concludes that the energy consumed by all uses of the Property during said one year period exceeds the Baseline Average, within 30 days following the date of the report ACRC shall open an Escrow Account with Pitkin County Title, Inc., subject to Escrow Instructions that have been mutually approved by ACRC and the City Attorney, and shall fund that Escrow Account with the sum of $100,000.00 and shall provide the City with evidence of such deposit. During the ensuing one year period, ACRC shall make a good faith effort to bring the Property's energy consumption into compliance with the Baseline Average and shall have the right to draw funds from the Escrow Account to pay for such compliance efforts. (g) Three years following the date of issuance of the final Certificate of Occupancy for the Project, ACRC shall have Resource Engineering Group or other qualified engineering firm perform a complete energy audit covering all uses of the Property during the preceding three year period and averaging the energy consumption of the Property over said three year period. If such audit concludes that the energy consumed during said three year period exceeds the Baseline Average, ACRC shall have Resource Engineering Group or other qualified engineering firm perform an updated evaluation of the energy systems (and the operation thereof) on the Property and ACRC shall have the year following the date of the audit in which to make such changes in the operation of the energy system and/or such upgrades to the system as may be recommended by said engineering firm in order to achieve the promised Baseline Average. ACRC shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. (h) Similar audits will be performed four years and five years, respectively, following the date of issuance of the final Certificate of Occupancy for the Project, in each instance covering the preceding three year period and averaging the energy consumption of the Property over said three year period. If either of said audits reflects a non-compliance with the Baseline Average, then ACRC shall continue its good faith efforts to upgrade the energy consumption on the Property pursuant to the previous recommendations of the engineering firm and shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. (i) If said fifth year audit determines that the energy consumption on the Property does not exceed the Baseline Average, the Escrow Account shall be closed and all remaining funds therein shall be returned to ACRC and no further energy reports or audits shall be required. If said fifth year audit determines that the energy consumption of the Property exceeds the Baseline Average, ACRC shall be obligated to provide an additional energy consumption audit six years following the date of issuance of the final Certificate of Occupancy for the Project, covering the preceding three year period and averaging the energy consumption of the Property over said three year period. Such annual audit obligation shall continue RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 14 OF 127, Janice K. Vos Caudill, Pitkin County, CO until such time as an audit determines that the energy consumption on the Property does not exceed the Baseline Average. 3.5 Ute Avenue Improvements. Prior to issuance of a Certificate of Occupancy for the last six Townhouse and/or Club Units, ACRC shall accomplish at its sole cost and expense, the following public improvements to Ute Avenue, to wit: (a) improvement of the cul-de-sac to accommodate a 100 foot diameter turning circle, while maintaining the center island; Sheet 1 of 1 of plans dated 6/30/2009 depicts conceptually how this will be achieved, which plans are attached as Exhibit D to Ordinance No. 2 (Series of 2010) and are attached hereto as Exhibit F; and (b) installation of two speed tables along Ute Avenue, one at the Ute Trail crossing and another at a location to be selected by the City Engineer; the final design of the speed tables must be approved by the City Engineer. Prior to building permit application for the Club Building, ACRC shall provide a City Engineer -approved cost estimate for such Ute Avenue improvements. 3.6 Utilities/Water. (a) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25 of the Aspen Municipal Code, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City Water Department. Utility placement and design shall meet adopted City of Aspen standards. (b) The Project will demonstrate the delivery of fire flows adequate to satisfy Aspen Fire Protection District standards for a Type IIIA Commercial Building. This may be satisfied by an analysis acceptable to the Aspen Water Department which demonstrates system delivery capabilities of the existing water distribution system at the Ute Avenue side of the Project. (c) ACRC shall accomplish, as a public improvement, the installation of the private internal water system depicted on the Master Water System Plan to be recorded contemporaneously with the Amended Final PUD/SPA Development Plan, and in accordance with Article IV of this Amended Subdivision/PUD/SPA Agreement. The parties acknowledge and agree that any such recorded drawings shall be considered conceptual/illustrative in nature, and that detailed drawings shall be required with the pertinent building permit application and such detailed drawings shall control. (d) Paragraph 8 of the original 1976 Subdivision and Planned Unit Development Agreement for the Callahan Subdivision granted water rights to the City in connection with subdivision approval. ACRC and City agree that nothing in this Amended Subdivision/PUD/SPA Agreement or in the Project approved hereby shall adversely affect or impair such grant of water rights in any way. RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 15 OF 127, Janice K. Vos Caudill, Pitkin County, CO (e) If the Project is constructed contemporaneously with the City's proposed Ute Avenue water line improvements, ACRC and City agree to coordinate the Project waterline improvements, to the extent possible, with the City's improvements. (fl ACRC shall bear all costs associated with the proposed improvements to the water line along Ute Avenue shown on Sheet C5 and metering connections that result from the Project. 3.7 Utilities/Sewer. (a) ACRC shall comply with the Aspen Consolidated Sanitation District ("ACSD") rules, regulations and specifications, which are on file at the District office, and shall bear all costs associated with the proposed improvements to the sanitation system resulting from this Project. (b) ACRC has accomplished , as a public improvement, the relocation of the existing sanitary sewer line which traverses the Property and the associated off -site sewer improvements, in compliance with the On -Site Sanitary Sewer Plan and Profile and the Off -Site Sanitary Sewer Plan to be recorded contemporaneously with the Amended Final PUD/SPA Development Plan, and in accordance with Article IV of this Amended Subdivision/PUD/SPA Agreement. (c) In connection with the sewer line relocation, a line extension request and a collection system agreement was approved by the ACSD Board. (d) One (1) service tap shall be allowed for each building in the Project. Shared service line agreements may be required where more than one (1) unit is served by a single service line. (e) In each case, all District fees shall be paid prior to the issuance of a Building Permit for the Club Building, for each Townhouse Building, or for the Affordable Housing Units. ACRC shall pay forty percent (40%) of the estimated tap fees for the proposed building stubouts prior to issuance of such permit. (f) No clear water connections (roof, foundation, perimeter, patio drains) shall be allowed to the sanitary sewer system. ACRC shall also verify the Club's existing roof drains do not discharge to the system. (g) An oil and grease interceptor shall be installed in a location outside the Club building for the Club's existing restaurant. An under the counter interceptor is not allowed. (h) Oil and sand separators shall be installed in the Project's elevator shafts. (i) Swimming pool drain sizes shall conform to District regulations. RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 16 OF 127, Janice K. Vos Caudill, Pitkin County, CO 0) ACRC shall comply with the City's Urban Runoff Management Plan as it relates to the sewer access easement, including any paving and impervious surface discharge into the Property's top of slope area. 3.8 Utilities/Cost Recovery. All Project public utilities, as depicted and described in the Master Utility Plan and as set forth in the PUD Plan Set, shall be undertaken and completed by ACRC at its expense. In the event that property owners adjacent to those portions of Ute Avenue or along the alignment of the sanitary sewer line which are improved pursuant to this Amended Subdivision/PUD/SPA Agreement seek to construct improvements on their property following completion of the public utilities required by this Amended Subdivision/PUD/SPA Agreement, the City shall require, as a condition of the development, that such property owners reimburse ACRC for a pro-rata share of the cost of such public utilities. The City shall not be obligated to require such reimbursement unless it is legally able to do so in connection with a development approval requested by such adjacent owners. Reimbursement shall be made to ACRC prior to the issuance of a building permit for any development on such adjacent property. The pro-rata share for each adjacent property owner shall be determined based upon the linear feet of frontage along Ute Avenue, or in the case of the sanitary sewer improvements, the amount of equivalent residential units for each such property as compared to the total amount of property frontage on both sides of Ute Avenue uphill from manhole CS-3 on the ACRCD's Sanitary Sewer Plan. The City, as the owner of property along Ute Avenue, shall not be subject to this cost recovery requirement. 3.9 Drainage. All development within the Project shall comply with the On -Site Drainage and Water Quality Basin Plan; the Off -Site Drainage Basin Plan; and the Off -Site Drainage Improvements Plan and Profile to be recorded contemporaneously with the Amended Final PUD/SPA Development Plan. ACRC shall be responsible for implementing the Plans, and drainage improvements shall be accomplished as public improvements in accordance with Article IV of this Amended Subdivision/PUD/SPA Agreement. The parties acknowledge and agree that any such recorded drawings shall be considered conceptual/illustrative in nature, and that detailed drawings shall be required with the pertinent building permit application and such detailed drawings shall control. The final Drainage Plan shall meet all Engineering Department standards. 3.10 Streets and Sidewalks/Cost Recovery. Ute Avenue and associated sidewalks, curbing and drainage improvements, as depicted and described in the PUD Plan Set, shall be constructed or reconstructed by or at the direction of ACRC and at the expense of ACRC. In the event that property owners adjacent to those portions of Ute Avenue which are improved pursuant to this Amended Subdivision/PUD/SPA Agreement seek to construct improvements on their property following completion of the Ute Avenue street/sidewalk/curbing/drainage improvements required by this Amended Subdivision/PUD/SPA Agreement, the City shall require, as a condition of development approval, that such property owners reimburse ACRC for a pro-rata share of the cost of such Ute Avenue RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 17 OF 127, Janice K. Vos Caudill, Pitkin County, CO street/sidewalk/curbing/drainage improvements. The City shall not be obligated to require such reimbursement unless it is legally able to do so in connection with the development approval requested by such adjacent owners. Reimbursement shall be made to ACRC prior to the issuance of a building permit for any development on such adjacent property. The pro-rata share for each adjacent property owner shall be determined based upon the linear feet of frontage along Ute Avenue for each such property as compared to the total amount of property frontage on both sides of Ute Avenue. The City, as the owner of property along Ute Avenue, shall not be subject to this cost recovery requirement. 3.11 Landscaping. (a) All development within the Project shall comply with the Landscape Plan to be recorded contemporaneously with the Amended Final PUD/SPA Development Plan. ACRC shall be responsible for implementing the Landscape Plan, and the landscaping improvements shall be accomplished as public improvements in accordance with Article IV(A) of this Amended Subdivision/PUD/SPA Agreement. The parties acknowledge and agree that any such recorded drawings shall be considered conceptual/illustrative in nature, and that detailed drawings shall be required with the pertinent building permit application and such detailed drawings shall control. The detailed drawings shall be reviewed by the Parks Department and are subject to further changes as may be deemed necessary by the Department as part of building permit review. (b) A tree removal permit was required for affected and impacted areas prior to application for an Access and Infrastructure Permit. Any required tree removal fee shall be paid to the City prior to the issuance of the Access and Infrastructure Permit for the Project. In addition to the permit, the ACRC shall conduct a site vist with the City Forester prior to the commencement of the work. (c) The Access and Infrastructure Permit application included a detailed plan for protection of the stream margin and hillside above the Aspen Club Trail. Minimum requirements shall include a silt fence and straw bales placed in a manner to prevent erosion and to protect the river from residual run-off, such measures to be installed at the 15 foot setback from top of slope. The Access and Infrastructure Permit application shall also include a detailed plan for the protection of all existing trees which are to remain following development. (d) The use of the Aspen Club Trail for construction access or other construction activities shall be prohibited at all times. This shall include, but not be limited to, truck traffic, foot traffic and material storage. (e) Prior to building permit application for the Club Building, ACRC shall restudy the proposed retaining walls along the easternmost property line of Lot 15-A to determine whether further stepping of the walls can be accommodated so as to better comply with the Land Use Regulations regarding RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 18 OF 127, Janice K. Vos Caudill, Pitkin County, CO allowable height above grade. ACRC shall demonstrate to COMDEV that no other option exists that would meet applicable regulatory requirements. (f) ACRC shall comply with the Urban Runoff Management Plan as it relates to all work in the stream margin area, including any paving and impervious surface discharge into the top of slope area. (g) A revegetation plan for all work in the stream margin area shall be included with the pertinent building permit application and is subject to review and approval by the Parks Department. (h) No laybacks are permitted within the stream margin area. (i) Utilities located within the stream margin area shall, to the greatest extent practical, be constructed in a manner to minimize the need for future excavation work. This shall be reviewed by the Parks and Engineering Departments in consultation with recommendations from the relevant utility entities. Any future excavation work performed shall be mitigated with a revegetation plan. 0) ACRC shall work with the electric, telephone and cable utility companies to determine the feasibility of relocating the utilities out of the stream margin areas. Letters from the utility companies addressing the feasibility of such relocation shall be submitted with the building permit application for the Club Building. 3.12 Exterior Lighting. All exterior lighting within the Property shall comply with Section 26.575.150, Outdoor Lighting, of the Land Use Regulations in effect on September 17, 2007 unless otherwise exempted by the Community Development Director. No exterior lighting shall be permitted in the stream margin area (15 foot setback area from top of slope) or in any area below the top of slope line (toward the river) unless it is in the exact location of the existing lighting and requires no additional disturbance to the stream margin area. Compliance with this requirement shall be verified at the time of building permit submittal for the Club Building. 3.13 Building Materials. The building materials throughout the Project shall be consistent in quality and color among the different uses on the site. In addition, the following conditions shall be met: (a) The trellis located on the roof of the Club shall not be enclosed, and shall be consistent in size with the approved roof plan. (b) The sloped roof material on the Townhouse Units and the Club Building shall be a decorative roofing material as approved in Section 4 of Ordinance No. 7 (Series of 2015). RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 19 OF 127, Janice K. Vos Caudill, Pitkin County, CO (c) The Affordable Housing Units shall have Juliette balconies, and the Units shall have access to a formalized usable courtyard space consistent with ACS's representations made at the December 18, 2012 hearing before the Planning and Zoning Commission and consistent with the drawing attached hereto as Exhibit G. 3.14 Construction Management Plan. The Access and Infrastructure Permit application for the Project and the building permit application for the Club Building shall include a Construction Management Plan for review and approval by the City Engineering Department which shall comply with all construction management requirements in effect at the time the application is submitted. The Plan shall include a noise, fugitive dust control, and construction traffic and parking management plan which addresses, at a minimum, the following matters: (a) A fugitive dust control plan including proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. (b) A description of construction debris hauling routes and associated impacts on adjoining streets. (c) A description of how construction activities will not impact trees that are remaining on the site. (d) Construction parking mitigation. Except for essential trade trucks, no other personal trucks shall be parked in the area around the site. The City encourages that site workers be shuttled in from the airport parking area. (e) ACRC shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. (f) ACRC shall abide by all noise ordinances. Construction activity is limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. (g) If the Club will remain open during construction, the Construction Management Plan shall address potential construction impacts on the Club operation and shall contain a plan to maintain exits and separation from construction activity. 3.15 Building Permit Application. ACRC shall meet all adopted building codes and requirements in effect at the time a building permit application is submitted. Accessible routes to any public right-of-way and accessible parking spaces will be required. The Project will be subject to the Use Tax on building materials. The Project will be required to comply with all Efficient Building Programs in place at the time of building permit submittal. RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 20 OF 127, Janice K. Vos Caudill, Pitkin County, CO In addition to the Construction Management Plan required pursuant to Section 3.14 above, the building permit application for the Club Building shall include the following: (a) Copies of the Development Orders referenced in Section 2.1(d) and 2.1(o) above. (b) A copy of Ordinance No. 2 (Series of 2010) and copies of the P&Z Resolutions referenced in Section 2.1 above. (c) A copy of the Resolution granting final Commercial Design Review approval referenced in Section 2.1(c) above. (d) The conditions of approval printed on the cover page of the building permit set. (e) A means of egress plan, overall access plan and fire access plan. (f) The Transportation Demand Management Plan ("TDM") referenced in Section 3.16 below. (g) Detailed Water and Sewer Plans. (h) A detailed Drainage Plan. (i) A detailed Landscape Plan. 0) A detailed Lighting Plan. (k) A detailed plan describing the material and width of the footpath proposed within the stream margin area. The footpath shall be installed with hand excavation tools only and oriented around all trees to remain on site. Utilities located under the trail shall be developed and installed with junction boxes so that future repairs can be accomplished without the need to excavate the new footpath. This footpath/trail shall not be used for or provide access for any construction activities on the site, including but not limited to truck traffic, foot traffic, storage or materials. (1) A detailed plan for Tree Protection, including location and standards for tree protection fences which must be in place and inspected by the City Forester or his/her designee before any construction activities commence on the Project, and including a detailed construction staging plan describing how construction will take place with staging, storage of materials, and locations of vehicles so that trees remaining on site will not be impacted and will remain protected. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicular traffic shall be allowed within the drip line of any tree on site. Proper spacing and a detailed legend (including species name) RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 21 OF 127, Janice K. Vos Caudill, Pitkin County, CO for new plantings and plantings around existing trees shall be reviewed and approved by the Parks Department at building permit submittal. ACRC shall be subject to the Parks Department Impact Fee in place at the time of building permit submittal. (m) A copy of the Colorado Geologic Survey's referral comments regarding their review of geologic hazards on site. 3.16 Transportation Demand Management. ACRC shall comply with all aspects of the Proposed Traffic Safety and Transportation Demand Management Tools reports (the "TDM Report") attached hereto as Exhibit H and made a part hereof by this reference. The TDA Traffic Study dated October 29, 2008 is attached hereto as Exhibit I and made a part hereof by this reference. (a) ACRC may update the TDA Traffic Study and the TDM Report prior to building permit submittal for the Club Building, but any changes to the TDM Report based on updated traffic counts must first be reviewed and approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. (b) Prior to submitting a building permit application for the Club Building, ACRC shall conduct a meeting with City Staff to review the TDM Report, such meeting to include ACRC, a representative of the Transportation Department, a representative of the Engineering Department, a representative of the Environmental Health Department, and the Community Development Department's case planner. (c) ACRC shall be required to install a traffic counting system to monitor traffic on an hourly and daily basis. The proposed system shall be reviewed at the above -referenced meeting with City Staff, and must be approved by the Transportation Department prior to building permit submittal for the Club Building. ACRC shall be responsible for the purchase, installation and maintenance of the traffic counting system. ACRC shall also establish a back-up method of counting traffic in the event that the installed system malfunctions or otherwise does not work at any time. The traffic counting system shall be installed prior to issuance of a Certificate of Occupancy for the last six Townhouse Units and/or Club Units. (d) A semi-annual Report covering January through June and July through December shall be provided to the Transportation, Engineering, Community Development, and Environmental Health Departments by January 15 and July 15 annually for ten (10) years after the receipt of a final Certificate of Occupancy for the Project. The Report must indicate both daily and hourly traffic counts. The Report shall also include the status of the required TDM program components. For each year that ACRC does not meet the zero growth goal, the annual reporting obligation shall be extended by one year. If staff reviews the report and finds it is not in compliance with the TDM Measures or does not include RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 22 OF 127, Janice K. Vos Caudill, Pitkin County, CO the required reporting information, the issue(s) shall be brought to City Council for discussion and action if needed. (e) If ACRC does not meet the zero growth goal for two (2) years in a row, ACRC shall be required to pay one-half (1/2) of the annual cost of operating the Cross -Town Shuttle that serves the Aspen Club area (at the rate in effect at that time), and ACRC shall also institute paid parking at the Club until ACRC can show that it has met the zero growth goal in some other manner, as approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. 3.17 Fire Mitigation. All codes adopted by the Aspen Fire Protection District at the time of building permit submittal shall be met. This requirement includes but is not limited to access (International Fire Code, 2003 Edition [IFC], Section 503), and approved fire sprinkler and alarm systems (IFC, as amended, Sections 903 and 907). ACRC shall provide an overall fire access plan for the site prior to application for an Access and Infrastructure Permit for the Project and at the time of building permit submittal for the Club Building. Any lawn pavers that will accommodate fire truck access shall be engineered to support fire truck loads. Fire sprinklers and alarms are required for the Project, including in all structures. The Applicant shall work with the Fire Department during the building permit review for the Club Building to address proper emergency access to the pool area. This may include the addition of an emergency access stair from the parking on the roof of the Club building to the pool area, or other designed access solution. The Fire Department shall review and approve the final design of any access solution. The Community Development Department shall be notified if the access solution results in a design change. Addition of a stair, or other minor change required for adequate access, may be approved administratively. 3.18 Avalanche Mitigation. ACRC shall comply with the mitigation requirements contained in the Snow Avalanche Hazard Analysis and Defense Recommendations report dated December 10, 2008 attached hereto as Exhibit J and made a part hereof by this reference. 3.19 School Land Dedication Fee. Before a building permit is issued for the Project, ACRC shall pay to the City a cash payment in lieu of school land dedication for the Project's twelve Affordable Housing Units in an amount to be determined at building permit issuance based on the regulations in effect at that time. 3.20 Park Development Impact Fee. Before a building permit is issued for the Club Building, each Townhouse Building or the Affordable Housing Units, ACRC shall pay to the City a park development impact fee, for the Project's timeshare lodge and affordable housing components, in an amount to be determined at building permit issuance based on the regulations in effect at that RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 23 OF 127, Janice K. Vos Caudill, Pitkin County, CO time. No impact fee is required for the Club's existing net leasable commercial square footage. 3.21 Air Quality Impact Fee. Before a building permit is issued for the Club Building, each Townhouse Building or the Affordable Housing Units ACRC shall pay to the City an Air Quality Impact Fee in an amount to be determined at building permit issuance based on regulations in effect at that time. 3.22 Ute Trail Improvements. ACRC has agreed to contribute the sum of $70,000 (adjusted annually according to the CPI, starting in 2009) to the completion of the Ute Trail. The contribution shall be made no later than sixty (60) days following delivery by the City to ACRC of written notice of the City's intent to proceed with the Trail's construction. If the contribution has not yet been made, prior to issuance of a building permit for the Club Building, each Townhouse Building or the Affordable Housing Units, ACRC will be required to deliver to the City a bond or letter of credit in the amount of $70,000, such bond or letter of credit to be released when ACRC delivers the requisite contribution to the City. If the contribution is not made as above required, the bond or letter of credit will be executed by the City. 3.23 Club Reinvestment. (a) ACRC hereby commits and agrees that prior to the issuance of a final Certificate of Occupancy for the Project, ACRC will spend a minimum of $5,000,000 in upgrades to the existing Aspen Club & Spa facility. Improvements are anticipated to include, but not be limited to: • Program Development and Programming (as defined in Exhibit F to Ordinance No. 2, Series of 2010) • Structural improvements throughout Club • New entryway • Safer access to Club • Upgraded HVAC system • New heating and cooling control systems • Clean energy initiatives such as geothermal and solar • Upgraded insulation • Fix snowmelt • Refurbished cardio room • New weights in weight room • Steam room in men's and women's locker room • Sauna in men's and women's locker room • Retiling and regrouting in wet areas of locker rooms • Updated spa rooms • Massage tables • New carpeting throughout Club • New furniture in reception area • New patio furniture and umbrellas on outdoor deck • Update salon • Salon furniture and fixtures • Phone system • Repair roof • Employee lounge furniture • TRX System • Entrance to Yoga Studio RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 24 OF 127, Janice K. Vos Caudill, Pitkin County, CO • New cardio equipment in cardio • Cord coverings on Cardio Deck area • TVs • Painting • Spa entrance area • Performance center • Signage • Yoga studio • Replace steam units • New spinning bikes • Equipment in spa • New power tap equipment • Redesign retail space • Swimming pool • Lockers in men's and women's locker room (b) Upon substantial completion of the upgrades to the Aspen Club & Spa facility, ACRC shall provide to the Community Development Department a summary of the costs and expenses incurred by ACRC in accomplishing the upgrades, which cost summary shall be reviewed and approved by the Community Development Department. ACRC shall specifically explain all costs related to improving the snowmelt system, upgrading insulation, clean energy initiatives, heating and cooling systems, improved HVAC systems, safe access to the Club, underground parking, a new entryway, and structural improvements. (c) A final Certificate of Occupancy shall not be issued for the Project until the Community Development Department is satisfied that ACRC has expended a minimum of $5,000,000 in connection with the upgrades to the Aspen Club & Spa facility. (d) ACRC has also committed to provide on -going benefits to the community, to wit: • Program Development and Programming (as defined herein and in Exhibit F to Ordinance No. 2 (Series of 2010) • The Aspen Club will be available to host Project Graduation for as long as Project Graduation wishes to be at the Club • The Aspen Club will be made available for Local Olympic and other elite athletes who wish to train at the Club. • The Aspen Club will be made available for local Paralympic athletes who wish to train at the Club. • The Aspen Club will continue to host occasional community events and social gatherings • Disabled members of our community will be allowed to train on the Aspen Club's Alter G machine for the life of that equipment • The Aspen Club will continue to hold seminars and lectures during the year that are open to the public • The Aspen Club will continue to provide free office space to two local charities RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 25 OF 127, Janice K. Vos Caudill, Pitkin County, CO If at any time ACRC and subsequent Club Owners are unable, for whatever reason, to provide the benefits outlined in this subsection (d), the Community Recreation Fund described in Section 3.24 below may be used to provide said benefits elsewhere in the community. 3.24 Aspen Club Condominiums (11ACC") Fractional Interest Assessment. (a) ACRC hereby commits and agrees that the initial purchaser of each Fractional Interest in the Aspen Club Condominiums, and each subsequent purchaser of such Fractional Interest shall be obligated to pay to the City of Aspen a Fractional Interest Assessment in the amount of 0.25 percent of the Actual Cash Consideration paid for the Fractional Interest. This Assessment shall sunset on January 11, 2035. Said Fractional Interest Assessment shall be due and payable by the purchaser at the time of closing of the Fractional Interest transfer, and shall be submitted and paid to the City Cashier in the Finance Department and prior to the recording of the purchase deed in the Office of the Clerk and Recorder of Pitkin County, Colorado. If not paid when due, said Assessment shall bear interest at the rate of 18% per annum until so paid, and such Assessment and interest shall constitute a lien on the subject Fractional Interest for the amount thereof, which lien shall continue until the amount thereof is paid or until its discharge of record by foreclosure or otherwise. Said Fractional Interest Assessment shall be subject to the same exemptions as are applicable to the Wheeler Real Estate Transfer Tax as set forth in Chapter 23.48 of the Aspen Municipal Code. (b) All ACC Fractional Interest Assessments received from time to time by the City Cashier shall be promptly deposited in a fund to be known as the Aspen Club Community Health and Recreation Fund (the "Community Recreation Fund"). The purpose of the Community Recreation Fund is to protect the ongoing community benefits currently taking place at the Club, as defined in Section 3.23(d) above that cease for any reason to be carried out by the Club. (c) The monies in the Community Recreation Fund shall be administered by the Aspen Community Foundation, and grants from the Fund shall be distributed by a Community Advisory Committee of three (3) members, two (2) of whom shall be appointed from time to time by the Aspen City Council and one (1) of whom shall be appointed from time to time by ACRC. A vote of a majority of the members of the Committee shall be required for all Committee actions, including without limitation determinations as to the purpose or purposes for which the monies in the Community Recreation Fund shall be disbursed from time to time. (d) The above -described Fractional Interest Assessment represents an entirely voluntary commitment on the part of ACRC, and is intended as an additional community benefit associated with the Aspen Club & Spa Subdivision/PUD/SPA. RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 26 OF 127, Janice K. Vos Caudill, Pitkin County, CO 3.25 Reporting Requirements. ACRC shall be subject to a number of reporting requirements, as identified herein. All reporting requirements shall, to the extent possible, be compiled into one report that goes to the City Community Development Department. This report shall include: The traffic and TDM reporting and audit procedures as specifically outlined in Section 3.16 above. • An audit and report of programming elements, including, but not be limited to those outlined in Section 3.23(a), Club Reinvestment. This report shall be required for the life of the recreational club use and shall be submitted on a yearly basis. • The reporting and audit procedures as specifically outlined in Section 3.4 above (Energy Commitment). 3.26 Condominium Map. Upon substantial completion of construction of the Project, ACRC shall submit a Condominium Map to the Community Development Director for review and approval. The purpose of the Condominium Map will be to submit Lots 15-B, 15-C and 15-D and the Townhouse Units and Club Units constructed thereon to a single condominium regime (the "Condominium"). Lots 15-A and 15-E may be included or excluded from the Condominium, or may be subject to reserved declarant rights, at the election of the ACRC. The Condominium Map, the Declaration, and a Timeshare Disclosure Statement shall be recorded prior to the issuance of a Certificate of Occupancy for the Project, which documents shall meet all requirements outlined in Section 26.480.090 of the Land Use Regulations in effect on September 17, 2007, which provisions are attached hereto as Exhibit D and made a part hereof by this reference. The Condominium Map shall be reviewed under the applicable provisions of the City's Land Use Regulations in effect on September 17, 2007, which provisions are attached hereto as Exhibit D. The condominiumization described above shall be accomplished prior to the closing of the sale of any timeshare interest in the Condominium. 3.27 Material Representations. All material representations and commitments made by ACRC in connection with the Project development approvals contained or referenced herein, whether made in public hearings or in documentation presented before the Aspen Planning and Zoning Commission or the Aspen City Council, are hereby expressly incorporated in said Project development approvals and such representations and commitments shall be complied with by ACRC as if fully set forth herein, unless amended by an authorized entity. Without limiting the generality of the foregoing, the following representations have been made by ACRC: RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 27 OF 127, Janice K. Vos Caudill, Pitkin County, CO (a) ACRC shall continue to operate the Club facility as a recreation club for so long as the timeshare condominium form of ownership remains an approved use on the Property; (b) Memberships in the Club shall continue to be made available to the general public and to Fractional Interest Owners in the Aspen Club Condominiums for so long as the timeshare condominium form of ownership remains an approved use of the Property. (c) The Declaration of Condominium for Aspen Club Condominiums shall expressly provide that the Fractional Interest Owners have no right or authority to terminate or otherwise restrict the operation of the Club facility. It is expressly understood and agreed that in the event the timeshare condominium approvals set forth in this Amended Subdivision/PUD/SPA Agreement shall be vacated in future with the consent of the City, representations (a) through (c) above shall be considered vacated as well. ARTICLE IV A. PUBLIC IMPROVEMENTS 4.1 Prior to the issuance of a final Certificate of Occupancy for the Project, ACRC shall accomplish certain public improvements, all as depicted and described on the Amended Final PUD/SPA Development Plan and other related documents that are attached to or recorded concurrently with the Amended Plat, including without limitation: (a) The affordable housing described in Section 3.1(g) herein; (b) The energy commitment set forth in Section 3.4 (a-e) herein; (c) The Ute Avenue improvements set forth at Section 3.5 herein; (d) The utilities/water requirements set forth at Section 3.6 herein; (e) The utilities/sewer requirements set forth at Section 3.7 herein; (f) The stream margin, footpath, and tree protection plans described in Section 3.11(c) and 3.15(k) and (1) herein; and (g) The Club Reinvestment obligation set forth in Section 3.23(a) herein. RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 28 OF 127, Janice K. Vos Caudill, Pitkin County, CO 4.2 Cost estimates (together with the detailed plans) and a construction schedule for the above -described public improvements shall be submitted by ACRC to the City Engineering Department for review and approval at the time ACRC files a building permit application for the Club Building, and any applicable right-of-way permits and licenses shall be obtained. 4.3 ACRC shall complete the landscaping of the Property in accordance with the Landscape Plan no later than six (6) months following the issuance of a Certificate of Occupancy for the Project. ACRC shall be responsible for ensuring the success of all landscaping installed pursuant to the Landscape Plan for a period of 2 years following the date of installation, and shall replace any landscaping that fails during such 2 year period. ACRC or its successors or assigns shall have the right to plant additional native vegetation within the Aspen Club & Spa Subdivision/PUD/SPA, as it may consider appropriate from time to time, without further approvals being required. 4.4 A cost estimate for the landscaping of the Property in accordance with the Landscape Plan shall be submitted to the Parks Department for review and approval at the time ACRC files a building permit application for the Club Building. B. FINANCIAL ASSURANCES (a) Before the issuance of a Building Permit for the Club Building, each Townhouse Building or the Affordable Housing Units, ACRC shall provide to the Community Development Director and the City Attorney for their review and approval, not to be unreasonably withheld, satisfactory evidence that ACRC has in place sufficient financing to accomplish and complete the construction of the Project, including all public improvements required by Article IV(A) above and covered by the requested Building Permit, all public improvements required under this Amended Subdivision/PUD/SPA Agreement, and the Aspen Club & Spa upgrades described in Section 3.23(a) above. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from ACRC and/or third party investors. (b) Supporting cost estimates for improvements covered by the requested Building Permit shall be prepared by ACRC's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. (c) Before the issuance of a Building Permit for the Club Building, each Townhouse Building or the Affordable Housing Units, and as a condition of such issuance, ACRC shall deposit with Pitkin County Title, Inc. ("Escrow Agent") the sum of $200,000 in cash or wired funds (the "Site Enhancement Escrow Funds") pursuant to an Escrow Agreement and Instructions made and entered into between ACRC and the Escrow Agent, which shall provide as follows: RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 29 OF 127, Janice K. Vos Caudill, Pitkin County, CO (i) In the event construction work on the development of the Project shall cease for one hundred twenty (120) days or longer prior to a final inspection by the City of the work authorized by a Foundation/Structural Frame Permit ("F/SFP") on such Property, then the City in its discretion may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work already completed, and for the installing of any public improvements on or adjacent to the Project as specified in Article IV(A) above. (ii) The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as in determining the public improvements to be installed. (iii) The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to ACRC upon completion by the City of a final inspection of the work authorized by the F/SFP for the Project, or when otherwise agreed to by ACRC and the City. (iv) The City shall be named as a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time in accordance with the tenor and terms thereof. (d) Pursuant to Section 26.480.070.D. of the Land Use Regulations in effect on September 17, 2007 attached hereto as Exhibit D, at the time a Building Permit is issued for the Club Building, each Townhouse Building or the Affordable Housing Units, ACRC shall obtain and provide to the City a bond or letter of credit (or other financial security reasonably acceptable to the Community Development Director) for the estimated cost of the public improvements described in Article IV(A) above, based upon the cost estimates to be provided pursuant to (b) above. As portions of the public improvements are completed, the City shall provide releases in accordance with Section 26.480.070D. (e) Site Protection Fund. Before the issuance of an Access and Infrastructure Permit for the Project and a Building Permit for the Club Building, each Townhouse Building or the Affordable Housing Units, ACRC shall deposit with Pitkin County Title, Inc. ("Escrow Agent") the sum of $100,000 in the form of cash or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites as follows: In the event construction work on the Project shall cease for sixty (60) days or longer (work stoppage) without a cure for such work stoppage after fifteen (15) days notice by the City and such work stoppage not being a result of any event of force majeure, prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 30 OF 127, Janice K. Vos Caudill, Pitkin County, CO Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. The Escrow Funds or any remaining balance thereof shall be returned to ACRC upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. The City shall be a named party to the Escrow Agreement with the express right and authority to enforce the same from time to time. It is the express understanding of the parties that compliance with the procedure set forth in Article V below pertaining to the procedure for default and amendment of this Amended Subdivision/PUD/SPA Agreement shall be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by ACRC as set forth above. ARTICLE V NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that ACRC is not acting in substantial compliance with the terms of this Amended Subdivision/PUD/SPA Agreement, the City shall notify ACRC in writing specifying the alleged non-compliance and asking that ACRC remedy the alleged non-compliance within such reasonable time as the City may determine, but not less than 30 days. If the City determines that ACRC has not complied within such time, the City may issue and serve upon ACRC a written order specifying the alleged non-compliance and requiring ACRC to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, ACRC may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Amended Subdivision/PUD/SPA Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order of non-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 31 OF 127, Janice K. Vos Caudill, Pitkin County, CO City may also grant such variances, extensions of time or amendments to this Amended Subdivision/PUD/SPA Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if ACRC demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of ACRC, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI PRIOR INSTRUMENTS AND APPROVALS 6.1 The Subdivision and Planned Unit Development Agreement for Callahan Subdivision recorded May 19, 1976 in Book 312 at Page 110, as modified by Notice recorded April 29, 1977 in Book 328 at Page 79, and as further modified by Amendment to Subdivision and Planned Unit Development Agreement Callahan Subdivision recorded November 1, 1996 as Reception No. 398668 and rerecorded March 31, 1997 as Reception No. 402937, and as further modified by unrecorded Insubstantial PUD Amendment executed by the Community Development Director on March 17, 2004, shall be deemed amended as appropriate so as to be consistent with the Approvals referenced in Section 2.1 above. 6.2 The Amended Plat and Development Plan of Callahan Subdivision recorded May 19, 1976 in Plat Book 5 at Page 7, as amended by Amended Plat recorded August 17, 1977 in Plat Book 6 at Page 16, and as amended by Amendment recorded November 1, 1996 in Plat Book 40 at Page 81, shall be deemed further amended by the matters shown on the Amended Final Plat of Lot 15, Callahan Subdivision. 6.3 Aspen City Council Ordinance No. 20, Series of 1996, approving an amendment to the Callahan Subdivision PUD Agreement for Lots 14A and 15, shall be vacated and superseded in its entirety by Ordinance No. 2 (Series of 2010). ARTICLE VII LIST OF EXHIBITS 7.1 The following Exhibits are attached hereto: (a) Legal Description (b) Dimensional Requirements (c) Setback Exhibit (d) Pertinent Sections of Land Use Regulations in Effect on 9/17/07 (valid only through the vesting period) RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 32 OF 127, Janice K. Vos Caudill, Pitkin County, CO (e) Resource Engineering Energy Report (f) Ute Avenue Cul-de-Sac Plan (g) Affordable Housing Units Courtyard Plan (h) Proposed Traffic Safety & Transportation Demand Management Tools (i) TDA Colorado Traffic Study 0) Snow Avalanche Hazard Analysis and Defense Recommendations W PUD/SPA Plan Set (1) Document/Plan/Fee Submission Schedule ARTICLE VIII GENERAL PROVISIONS 8.1 The provisions hereof shall be binding upon and inure to the benefit of ACRC and City and their respective successors and assigns. 8.2 This Amended_Subdivision/PUD/SPA Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 8.3 If any of the provisions of this Amended Subdivision/PUD/SPA Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Amended Subdivision/PUD/SPA Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 8.4 This.. Amended Subdivision/PUD/SPA Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. ACRC, its successors or assigns, may, on its own initiative, petition the City Council for an amendment to this Amended Subdivision/PUD/SPA Agreement or for an extension of one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. If an amendment is proposed that relates to the Club building and/or the operation or use thereof, and which has no material adverse effect on the rights of Condominium Unit (or Fractional Interest) Owners, no RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 33 OF 127, Janice K. Vos Caudill, Pitkin County, CO consent to such amendment shall be required from said Condominium Unit (or Fractional Interest) Owners. 8.5 Numerical and title headings contained in this Amended Subdivision/PUD/SPA Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 8.6 Upon execution of this Amended Subdivision/PUD/SPA Agreement by all parties hereto, City agrees to approve and execute the Amended Final Plat and to approve the Amended Final PUD/SPA Development Plan and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by ACRC. 8.7 Notices to be given to the parties to this Amended Subdivision/PUD/SPA Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by certified mail, return receipt requested, or when sent via facsimile transmission, at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 (Fax No. 970-920-5212) ACRC: Aspen Club Redevelopment Company, LLC Attention: Michael Fox, Manager 1450 Crystal Lake Road Aspen, CO 81611 (Fax No. 970-925-8900) 8.8 This Amended Subdivision/PUD/SPA Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 8.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their respective successors, grantees or assigns. RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 34 OF 127, Janice K. Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COLORADO, a Colorado municipal corporation M. Atte : Linda Manning, City Clerk APPROVED AS TO FORM: ames R. True, City Attorney Steven Sk4dron, Mayor ACRC: ASPEN CLUB REDEVELOPMENT COMPANY, LLC, a Colorado limited liability company By: / Michael Fox, Manager RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 35 OF 127, Janice K. Vos Caudill, Pitkin County, CO STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) T e oregoing instrument was acknowledged before me this ' c� day of 2015, by Steven Skadron as Mayor and Linda Manning as City Clerk of he City of Aspen, Colorado, a municipal corporation. Witness my hand and icial seal. E �' Am",eCMxpires:NOTARY PUBLICSTATE OF COLORADONOTARY iD 2041'a3IOMMISSION EXPIRES OW2612017 Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me thisT+""day of N 2015, by Michael Fox as Manager of Aspen Club Redevelopr4ent Company, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: US/Ze/Zo I a< .-•-.cLo-e Notary Public 3188793_22 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 36 OF 127, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: EXHIBIT A LOT 15, CALLAHAN SUBDIVISION, according to the maps thereof recorded May 19, 1976 in Plat Book 5 at Page 7, August 17, 1977 in Plat Book 6 at Page 16. PARCEL B: A pedestrian access easement through Lot 14, Callahan Subdivision and part of Crystal Circle within the Callahan Subdivision, City of Aspen. Colorado being 12 feet in width, lying westerly of and abutUng the following described line: Beginning at a point on the Southerly line of Lot 14, Callahan Subdivision whence the Southwest comer of said Lot 14, Callahan Subdivision bears N 88°25' W 199.49 feet; thence N 07°39' W 125.28 feet; thence N 13°15' E 69.49 feet to a point on the South line of Lot 14-A, Callahan Subdivision, as set forth in Deed of Access Easement recorded January 11, 1985 in Book 479 at Page 661. PARCEL C: A right of access and vehicular access described as follows: a 24 foot wide private road adjacent to the most northerly point of Lot 14, being the road that circles Lot 14A, Callahan Subdivision; thence following said private road Easterly through Centennial Circle to Crystal Lake Road, and Northeasterly along the Westerly arm of said Crystal Lake Road to Colorado State Highway No. 82 as shown on the Final Plat and Development plan of the Callahan Subdivision, recorded May 19, 1976 in Plat Book 5 at Page 7, and as amended on August 17, 1977 in Plat Book 6 at Page 16. PARCEL D: A non-exclusive access easement and right-of-way twenty-four (24) feet in width along and within the northerly boundary of Lot 5, Stillwater Ranch Subdivision and adjacent at all points to the southerly boundary of Lot 15, Callahan Subdivision, for the use and benefit of certain lands within Callahan Subdivision including Lot 15, Callahan Subdivision, for purposes of roadway access to such lands and for utility, construction and service vehicular use. PARCEL E: A non-exclusive easement and right-of-way over, upon, across and under the portion of nelghbodng Lot 5, Stillwater Ranch Subdivision, depicted and described as the Easement Area on the drawing attached as Exhibit A to that certain Easement Agreement recorded July 23, 2012 as Reception No. 590784, for the construction, installation, maintenance, repair, replacement, relocation, operation, use and'enjoyment of certain Infrastructure Improvements described in the Easement Agreement for the benefit of Lot 15, Callahan Subdivision, and for purposes of vehicular and pedestrian ingress, egress and travel between Ute Avenue and Lot 15, Callahan Subdivision for the access uses permitted by the Easement Agreement RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 37 OF 127, Janice K. Vos Caudill, Pitkin County, CO Exhibit B Exhibit A Dimensional Approved Dimensional Requirements Requirement Lot 15-A: 152,6691 sq. ft. Lot 15-B: N/A Minimum Lot Size Lot 15-C: 19,451 sq. ft. Lot 15-1): 31,655 sq. ft. Lot 15-E: 11,459 sq. ft. Lot 15-A: Existing height plus 8 inches for a re -roof Lot 15-E: 30 feet Maximum Height On all lots, internal landscape/retaining walls may exceed 30 inches, as shown on the Final PUD Plans Lot 15-A Front Yard Setback: 30 feet, 25 feet for affordable housing storage Setbacks access Lot 15-A West Side Yard Setback: 18 feet to parking stair, all other unchanged. Overall Allowed Floor Area: 107,750 sq. ft. Aspen Club & Spa Building: 40,000 sq ft Allowable Floor Area Lodge: 54,000 sq. ft. (Townhouse Units: 36,000 sq. ft.; Club Units: 18,000 sq. ft.) Multi -family (affordable housing units): 13,600 sq. ft. Elevator enclosure in middle of site: 150 sq. ft. Minimum 128 spaces (up to 133 spaces may be provided) Lodge: 21 spaces Minimum Off -Street Aspen Club and Spa: 95 spaces (60 spaces on Lot 15-A; 35 spaces on Lots Parking 14A & 14W) AB units: 12 spaces (up to 5 additional short-term spaces may be provided) City Council Ordinance No. 7, Series 2015 Page 7 of 8 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 38 OF 127, Janice K. Vos Caudill, Pitkin County, CO All heights measured from finished grade. Consistent with code, chimneys, flues, vents, elevator and stair enclosures, and similar apparatus may extend no more than ten (10) feet above the overall height limit of 28 feet for all lots in the PUD, as measured from finished grade. Rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects, provided the railing is the minimum reasonably necessary to provide adequate safety and building code compliance. Permeant rooftop amenities, including any pad the amenity/equipment is placed on, may extend up to five (5) feet above the height of the building at the point the equipment is attached. Heating, ventilation, and air conditioning systems, including any pad•the equipment is placed on, may extend up to six (6) feet above the height of the building at the point the equipment is attached; walls/fences are also permitted around such equipment as necessary to screen the equipment from view. Energy efficiency systems or renewable energy production systems and associated equipment located on top of a building may extend up to ten (10) feet above the height of the building at the point the equipment is attached. All setbacks are illustrated on the Setback Exhibit; Exhibit B to this Ordinance. To the extent that any conflict exists between the listed setbacks and the Setback Exhibit (Exhibit B to this Ordinance), the Setback Exhibit 2 shall aovern. Up to 2,000 sq ft of floor area may be exchanged between the Aspen Club &. Spa Building and the Club units. At no time may the Overall Floor Area exceed the allowances herein, unless approved through a Planned 3 Development Amendment. City Council Ordinance No. 7, Series 2015 • Page 8 of 8 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 39 OF 127, Janice K. Vos Caudill, Pitkin County, CO �xhibi+ 3 -SYback- T,�xhibrt I i i M.::;: a ii i 3 N Q ' C'6 L O_ U N c •— a� 0 a � Q QQ op RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 40 OF 127, Janice K. Vos Caudill, Pitkin County, CO Exhibit D Chapter 26.575 Q MISCELLANEOUS SUPPLEMENTAL REGULATIONS Sections: 26.575.010 General, 26.575.020 Calculations and measurements. 26.575,030 Public Amenity 26.575.040 Yards. 26.575.045 Junk Yard and Service Yards. 26.575.050 Fences. 26.575,060 Utility/trash service areas. 26.575,070 Use square footage limitations. 26.575.080 Child care center. 26.575.090 Home occupations. 26.575.100 Landscape maintenance. 26.575,110 Building envelopes. 26.575.120 Satellite dish antennas. 26.575.130 Wireless Telecommunication Services Facilities and Equipment 26.575,140 Accessory uses and accessory structures. 26.575.150 Outdoor Lighting. 26.575.160 Dormitory. 26.575.170 Fuel storage tanks 26.575.180 Restaurant. 26.575.190 Farmers' market. 26.575.200 Group Homes. 26,575.210 Lodge Occupancy Auditing 26.575.010 General. Regulations specified in other sections of this Title shall be subject to the following supplemental regulations. 26.575.020 Calculations and measurements. The purpose of this Section is to set forth supplemental regulations which relate to methods for cal- -culating and measuring certain enumerated terms as used in this Title. The definitions of the terms are set forth at Section 26.104,100. A. door area In measuring floor areas for floor area ratio and allowable floor area, the following applies; City of Aspen Land Use Code. August, 2007. Part 500, Page 59 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 41 OF 127, Janice K. Vos Caudill, Pitkin County, CO 1. General. In measuring floor area for the purposes of calculating floor area ratio and al- lowable floor area, there shall be included that floor area within the surrounding exterior walls (measured' from their exterior surface) of a building, or portion thereof. When meas- uring from exterior walls, the veneer and all exterior treatments shall be included. When calculating areas with stairs, each floor -to -floor staircase is counted only once. 2. Decks Balconies Porches Loggias and Stairways. The calculation of the floor area of a building or a portion thereof shall not include decks, balconies, exterior stairways, gaze- bos, and similar features, unless the area of these features is greater than fifteen (15) percent of the maximum allowable floor area of the building (the excess of the 15% shall be in- cluded). Porches and landscape terraces shall not be counted towards FAR. 3. Garages, Carports and Storage Areas. In all zone districts except the R-15-B zone district, for the purpose of calculating floor area ratio and allowable floor area for a lot whose prin- cipal use is residential, garages, carports, and storage areas shall be excluded up to a maxi- mum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport, and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards allowable floor area; all garage, carport and storage areas in ex- cess of five hundred (500) square feet per dwelling unit shall be included as part of the resi- dential floor area calculation. For any dwelling unit which can be accessed from an alley or private road entering at the rear or side cf the dwelling unit, the garage shall only be ex- cluded from floor area calculations up to two hundred fifty (250) square feet per dwelling unit if it is located on said alley or road; all garage, carport and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards allowable floor area. For the purposes of determining the exclusion, if any, applicable to ga- rages, carports, and storage areas, the area of all structures on a parcel shall be aggregated. For garages that are part of a basement, the garage exemption is taken from the total below grade area before the sub -grade calculation takes place. In the R-113 zone district, garage, carport, and storage areas shall be limited to a five hundred (500) square foot exemption 4. Subgrade areas. To determine the portion of subgrade areas that are to be included in calcu- lating floor area, the following shall apply: a, For any story that is partially above and partially below natural or finished grade, which- ever is lower, the total percentage of exterior surface wall area that is exposed above the most restrictive of the grades shall be the total percentage of the gross square footage of the subject story included in the floor area calculation. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations: (Example: If fifteen (15) percent of the exterior surface wall area has been exposed above natural or finished grade (whichever is lower), then fifteen (15) percent of the gross square footage of the subject story will be included as floor area.) City of Aspen Land Use Code. August, 2007. Part 500, Page 60 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 42 OF 127, Janice K. Vos Caudill, Pitkin County, CO b. For any dwelling unit that can be accessed from an alley or private road entering t at the rear or side of the dwelling unit, the garage or carport shall only be eligible for the exclusions described in sub -section a if it is located along said alley or road. c. In the R-15B zone district only, garages, carports, and storage areas shall be ex- cluded from residential floor area calculations up to a maximum of five hundred (500) square feet per dwelling unit. 5. (Repealed by Ord. No. 56-2000, § 8) 6. Accessory Dwelling Units and Carriage Houses. An Accessory Dwelling Unit or Carriage House shall be calculated and attributed to the allowable floor area for a par- cel with the same inclusions and exclusions for calculating Floor Area as defined in this Section, unless eligible for an exemption as described below: Detached and permanently affordable ADU or Carriage House Floor Area Exemption. One Hundred (100) percent of the Floor Area of an ADU or Carriage House which is detached from the primary residence and deed restricted as a "For Sale" affordable housing unit and transferred to a qualified purchaser in accordance with the As- pen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from the calculation of Floor Area, up to a maximum exemption of 1,200 square feet per parcel. 7. Affordable Housing Bonus. The Floor Area of a parcel containing a single- family or duplex residence and a permanently affordable "For Sale" ADU or Carriage House located on the same parcel which has been transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be eligible for an Affordable Housing Floor Area bonus equal to or lesser than fifty (50) percent of the Floor Area of the associated ADU or Carriage House up to a maximum bonus of six -hundred (600) square feet per parcel. 8. Linked Pavilion. Any element linking the principal structure to an accessory structure shall not be included in the calculation of floor area provided that the linking structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long. Areas of linking structures in excess of ten feet in length shall be counted in floor area. City of Aspen Land Use Code. August, 2007. Part 500, Page 61 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 43 OF 127, Janice K. Vos Caudill, Pitkin County, CO 9. Allocation of Non -Unit Space in a mixed -use building, In order to determine the total floor area of individual uses in a mixed -use building, the total floor area for non - unit space shall be allocated on a proportionate basis of the use categories outlined in the subject zone district's FAR schedule. The building's gross floor area, minus all non -unit space shall be divided amongst the individual use categories in a building. These numbers shall then be calculated as a percent of the gross floor area number that does not include the non -unit space. A proportionate share of the non -unit floor area shall then be allocated towards each use category. This provision shall apply to all zone districts permitting mixed -use buildings. For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1,000 softof non -unit floor area = 9,000 sq. ft. total floor area Then, the total unit floor area in the building would be 8,000 sq. ft. floor area. Using the Allocation of Non -Unit Space standard, the uses account for the following per- centages of the total unit floor area: commercial floor area = 25% free-market residential floor area = 50% affordable housing floor area = 25% Therefore, the 1,000 sq. ft. of non -unit space is allocated to the different uses as follows: commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft. affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. (Ord. No. 12-2007) B. Building Heights. 1. Methods of Measurement for Varying Types ofRoofs. In the Commercial Core (CC), Commercial Lodge (CL), Neighborhood Commercial (NC), and Service/Commercial/Industrial (SCI) Zone Districts, the height of the building shall be the maximum distance measured vertically from the natural or finished grade, whichever is lower, to the top, ridge, or parapet of the structure. For structures in all other zone districts, the height shall be measured as follows: City of Aspen Land Use Code. August, 2007. Part 500, Page 62 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 44 OF 127, Janice K. Vos Caudill, Pitkin County, CO / a. Flat Roofs or Roofs With a Slope of Less Than 3:12. The height of the building shall `. be the maximum distance measured vertically from the natural or finished grade, whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope of less than 3:12. b. Roofs With a Slope From 3:12 to .7.,12. For roofs with a slope from 3:12 to 7:12, height shall be measured vertically from the natural or finished grade, whichever is lower, to the mean height between the cave point and ridge of a gable, hip, gambrel or other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched roof shall not extend over five feet above the maximum height limit. C. Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater, height shall be measured vertically from the natural or finished grade, whichever is lower, to a point one-third (113) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. Chimneys and other appurtenances may extend up to a maximum of two (2) feet above the ridge. d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or similar structures shall not extend over ten (10) feet above the specified maximum height limit, except for roofs with a pitch of 8:12 or greater, these elements may not extend more than two (2) feet above the ridge. Water towers, solar panels, and me- chanical equipment shall not extend over five (5) feet above the specified maximum height limit. Church spires, bell towers and like architectural projections, as well as tt flag poles, may extend over the specified maximum height limit. 1. 2. Exceptions for Buildings on Slopes. The maximum height of a building's front (street fac- ing) facade may extend for the first thirty (3 0) feet of the building's depth. 3. Exceptions for Areaways, Lightwells and Basement Stairwells. An areaway, lightwell or basement stairwell of less than one hundred (100) square feet, entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the street, and enclosed on all four sides to within eighteen (18) inches of the first floor level shall not be counted towards maximum permissible height. C. Lot Area. Except in the R15-B zone district, when calculating floor area ratio, lot areas shall include only areas with a slope of less than 20%. In addition, half (.50) of lot areas with a slope of 20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be ex- cluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed 25%. Also excluded from total lot area for the purpose of floor area calculations in all zone districts is that area beneath the high water line of a body of water and that area within a vacated right-of-way, or within an existing or proposed dedicated right-of-way or surface easement. Lot area shall include any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irri- gation ditch, or any lands subject to an above ground or below ground surface easement such as City of Aspen Land Use Code. August, 2007. Part 500, Page 63 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 45 OF 127, Janice K. Vos Caudill, Pitkin County, CO utilities that do not coincide with road easements. When calculating density, lot area shall have the same exclusions and inclusions as for calculating floor area ratio except for exclusion of areas of greater than 20% slope. D. Site Coverage. Site coverage is typically expressed as a percentage. When calculating site cov- erage of a structure or building, the exterior walls of the structure or building at ground level should be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calcula- tions. E. Measurement of Demolition. The City Zoning Officer shall determine if a building is in- tended to be, or has been, demolished by applying the following process of calculation: At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the following: 1. The surface area of all existing (prior to commencing development) exterior wall assemblies above finished grade and all existing roof assemblies. Not counted in the existing exterior surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.) 2. The exterior surface area, as described above, to be removed. Wall area or roof area being removed to accommodate new or relocated fenestration shall be counted as exterior surface area being removed. 3. The diagram shall depict each exterior wall and roof segment as a flat plane with an area tabulation. Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in ad- dition to the necessary subsurface components for its structural integrity, including such items as studs, joists, rafters, etc. If a portion of a wall or roof structural capacity is to be removed, the asso- ciated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as re- moved. Recalculation may be necessary during the process of development and the Zoning Officer may require updated calculations as a project progresses. Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or expanded fenestration shall be counted as wall area to be removed. Only exterior surface area above finished grade shall be used in the determination of demolition. Sub -grade elements and interior wall elements, while potentially necessary for a building's integ- rity, shall not be counted in the computation of exterior surface area. According to the prepared diagram and area tabulation, the surface area of all portions of the exte- rior to be removed shall be divided by the surface area of all portions of the exterior of the existing structure and expressed as a percentage. The Zoning Officer shall use this percentage to determine if the building is to be or has been demolished according to the definition of Demolition, Section City of Aspen Land Use Code. August, 2007. Part 500, Page 64 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 46 OF 127, Janice K. Vos Caudill, Pitkin County, CO 26.104.100. If portions of the building involuntarily collapse, regardless of the developer's intent, l that portion shall be calculated as removed. It shall be the responsibility of the applicant to accurately understand'the structural capabilities of the building prior to undertaking a remodel. Failure to properly understand the structural capacity of elements intended to remain may result in an involuntary collapse of those portions and a require- ment to recalculate the extent of demolition. Landowner's intent or unforeseen circumstances shall not affect the calculation of actual physical demolition. Additional requirements or restrictions of this Title may result upon actual demolition. (Ord. No. 44-1999, § 7; Ord. No. 55-2000, § 14; Ord. No. 56-2000, §§ 5, 6, 8; Ord. No. 25-2001, §§ 6, 7; Ord. No. 46-2001, § 4; Ord, No. 55, 2003§4) 26.575.030 Public Amenity A. Purpose. The City of Aspen seeks a vital, pleasant downtown Public environment. Public Amenity contributes to an attractive commercial and lodging -district by creating public places and settings conducive to an exciting pedestrian shopping and entertainment atmosphere. Public amen- ity can take the form of physical or operational improvements to public rights -of --way or private property within these districts. Public Amenity provided on the subject development site is referred to as On -Site Public Amenity in this section. �. B. Applicability and Requirement. The requirements of this Section shall apply to the devel- opment of all commercial, lodging, and mixed -use development within the CC, C1, MU, NC, SCI, L, CL, LP and LO Zone Districts This area represents Aspen's primary pedestrian -oriented down- town, as well as important mixed -use, service, and lodging neighborhoods. Twenty-five (25) percent of each. parcel within the applicable area shall be provided as Public Amenity. For redevelopment of parcels on which less than this twenty-five (25) percent currently exists, the existing (prior to redevelopment) percentage shall be the effective requirement provided no less than ten (10) percent is required. A reduction in the required public amenity may be allowed as provided in Section 26,575.030 D., Reduction of Requirement. Exempt from these provisions shall be development consisting entirely of residential uses. Also exempt from these provisions shall be the redevelopment of parcels where no on -site Public amenity currently exists, provided the redevelopment is limited to replacing the building in its same dimensions as measured by footprint, height, and floor area. C. Provision of Public Amenity. The Planning and Zoning Commission or Historic Preserva- tion Commission, pursuant to the review procedures and criteria of Section 26.412 — Commercial Design Review, shall determine the appropriate method or combination of methods for providing this required amenity. One or more of the following methods may be used such that the standard is reached. City of Aspen Land Use Code, August, 2007. Part 500, Page 65 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 47 OF 127, Janice K. Vos Caudill, Pitkin County, CO 26.575.040 Yards. A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky ex- cept for the following allowed projections: 1. Building eaves --Eighteen, (18) inches; 2. Architectural projections-- Eighteen (18) inches; 3. Balconies not utilized as an exterior passageway, may extend the lesser of one-third of the way between the required setback and the property line or four (4) feet. 4. Fire escapes required by the International Building Code --Four (4) feet; 5.- Uncovered porches, slabs, patios, Walks, retaining walls, steps and similar structures, which do not exceed thirty (30) inches above or below natural grade.'or finished grade, whichever is more restrictive, shall be permitted to project into the yard without restriction. Projections may exceed thirty (30) inches below grade if determined to be required by the chief building official for window egress. 6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from natural grade, are permitted in all required yard setbacks. (See, Supplementary Regulations - Sec- tion 26.575.050, Fences.), 7. Driveways Driveway access shall not exceed a depth or height greater than twenty-four (24) inches above or below grade within the required. front yard setback. Within all other re- quired setbacks, driveway access shall not exceed a depth or height greater than thirty (30) inches above or below grade. Parking is only permitted within required setbacks if it is in an approved driveway or other area approved for parking. City of Aspen Land Use Code. August, 2007. Part 500, Page 69 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 48 OF 127, Janice K. Vos Caudill, Pitkin County, CO 8. Exterior merchandizing. Exterior merchandizing in non-residential zone districts shall be prohibited in all required yard set backs. 9. Mechanical equipment. Mechanical equipment shall be prohibited in all front yard set- backs, On comer lots, mechanical equipment may not be placed in the setback of any yard fac- ing a Street. 10, Trash containers. Wildlife resistant refuse containers and dumpster enclosures that meet the requirements of Section 12.08 of the Municipal Code (Wildlife Protection) shall be allowed in the setbacks. Permanent placement of trash containers shall be prohibited in all front yard setbacks. On corner lots, permanent placement of trash containers shall not be permitted in the setback of any yard facing a Street. The following supplemental regulations shall apply to all yards.. B. Required Yards Adjacent to Private Streets or Rights-af way. Where there is no public dedica- tion and the lot line extends into the right-of-way, the required yard setback shall equal the minimum distance specified under the zone district regulations along the closest boundary of the right-of-way to the proposed structure. When a property's Iot line does not extend into the right-of-way, the required yard setback shall equal the minimum distance specified under zone district regulations from the lot line. Please refer to Figure 575.1, Required Setback from a Pri- vate Road or Right -of -Way, ----------- - - Y__ ------ -_ F -------- - ---------- I- i _ , ----------- ----------- ir- i_ILY w aspen Lams use 1,oae. t-Wgusz, -'UU/. Part 500, Page 70 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 49 OF 127, Janice K. Vos Caudill, Pitkin County, CO Figure 575.1 Required Setback from a Private Road or Right -of -Way C. Corner Lots. On a lot bordered on two (2) sides by intersecting streets, the owner shall have a choice as to which yard shall be considered as the front yard, such yard to meet minimum setbacks for a front yard in that zone district. The remaining yard bordering a street shall be two-thirds (2/3) of the required front yard setback distance for the zone district, The rear yard must coincide with the rear alignment of neighboring lots regardless of which yard is considered the front yard by the owner,. D. Transitional Yards. Where two (2) Iots which share a common side Iot line are in different zone districts, the lot in the more intensive zone district shall observe the required yard setback dis- tance as established for the less intensive use zone district. E. NOn-Aligned Lots. For any lot in the R-6 zone district in excess of nine thousand (9,000) square feet which is not aligned along the traditional Aspen Townsite lot lines, the building inspec- tor shall measure the side yards from the two (2) shortest sides of the lot which are opposite from each other and the front and rear yards from the two (2) longest sides of the lot which are opposite from each other. City of Aspen Land Use Code, August, 2007, Part 500, Page 71 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 50 OF 127, Janice K. Vos Caudill, Pitkin County, CO M. Boundaries. Interpretations regarding zone district boundaries shall be made in accordance with the following: 1. Boundaries shown as perpendicular to or following, or approximately following, any street, alley, right-of-way or water course shall be construed as perpendicular to or following the centerline of the street, alley, right-of-way or water course. ` 2. Boundaries shown as following, or approximately following, any platted lot line or other prop- erty line shall be construed as following such line. 3. Boundaries shown as following, or approximately following, section lines, half -section lines, or quarter -section lines shall be construed as following such lines. 4. Boundaries shown as separated from and parallel, or approximately parallel, -to any of the fea- tures listed in the. paragraphs above shall be construed to be parallel to such features and at such dis- tance therefrom as are shown on the zone district map. 26.104.090 Reserved. -26.104.100 Definitions. As used in this code, unless the context otherwise requires, the following terms shall be definedas follows: Academic Uses: The use of land or buildings for educational activities with attendant research, t housing, administration, and public venues. Academic Uses may include public or private school,.uni- versity, teaching hospital, research facility, testing laboratory, library, auditorium, administrative of- fices, faculty housing, student housing, or similar uses. Accessory Dwelling Unit (ADU). A deed restricted dwelling unit attached to or detached from a principal residence situated on the same lot or parcel, and which meets the occupancy, dimensional and. other requirements set forth �in Section 26.520 of this Title, and requirements set forth in the As- . pen/Pitkin County Housing Guidelines. Accessory structure or building. A building or other structure that is supportive, secondary and subordinate in use and/or size to the principal building or structure on the same parcel or lot. (See, Chapter 26,575.140, Supplementary Regulations -- Accessory uses and accessory structures). Accessory use. A use that is supportive, secondary and subordinate to the principal use of a lot, parcel, building or structure. (See, Chapter 26.575.140, Supplementary Regulations -- Accessory uses and accessory structures). Accessway. An area intended to provide ingress or egress to vehicular or pedestrian traffic from a public or private right-of-way or easement to an off-street parking, loading or similar area. City of Aspen Land Use Code. August, 2007 Part 100, Page 12 . RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 51 OF 127, Janice K. Vos Caudill, Pitkin County, CO (" Adjacent parcel. Sharing all or part of one common lot line with another lot or parcel of land, or l . would -share all or part of one common lot line if not for the separation caused by a street, alley, side- walk, railroad right-of-way, utility line, trail, or irrigation ditch. Affordable housing. A dwelling unit or units subject to the size, type, rental; sale and occupancy restrictions and guidelines for affordable housing adopted by the City as part of the Affordable Housing Guidelines. (See, Chapter 26.520, Supplementary Regulations -- Affordable Housing). Affordable Housing Guidelines. Guidelines recommended by the Aspen/Pitkin County Housing Authority.and adopted by the City Council to govern the development of, admission to, and occupancy of deed restricted affordable housing units in the- City of Aspen and Pitkin County. Agricultural Uses: The use of land "and buildings for the production of crops; animals, animal products, and the keeping of livestock including riding stables, arenas, orchards, nurseries, flower pro- duction, dairy operations, fisheries, animal husbandry services, or similar uses. Agricultural uses shall not receive the general public or support a 'membership or academic club. Alley. A public or private way for vehicular traffic having less width than a street and used as a. secondary access to abutting property, normally at the tear. Animal Boarding Facility: An establishment which houses animals overnight or over anex- tended period of time. Animal Grooming Establishment: An -establishment principally engaged in grooming animals in which overnight boarding is"prohibited. Antenna: Any structure, including but not limited to a monopole-, tower, parabolic and/or disk shaped device in single"or multiple combinations or either solid or mesh construction, intended for the purpose of receiving or transmitting communication to or from another antenna, device or orbiting sat- ellite, as well as supporting equipment necessary to install or mount the antenna. Applicant. A person or entity submitting a development application under this title. Architectural projection. A nonfunctional or ornamental feature on abuilding or other structure that does not extend to; or from, the ground. Arts; Cultural, and Civic Uses: The use of land or buildings by non-profit, arts, cultural, reli- gious, orpublic organizations such as a church, fraternal club, performing arts theater, library, museum, hospital, and other similar purposes. Artist's studio. A fine arts workshop of a painter, sculptor, potter, weaver, carver, jeweler, pho- tographer, or. other similar art that requires artistic skill, and not generally utilitarian, related to personal hygiene or adornment, receiving the public, or engaging in retail sales. City of Aspen Land Use Code. August, 2007 Part 1.00, Page 13 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 52 OF 127, Janice K. Vos Caudill, Pitkin County, CO Aspen Area Community Plan. A comprehensive community plan adopted and amended by the City Council and Pitkin County Board of County Commissioners which establishes the city's and As- pen Metropolitan Area's land use. and development planning philosophy, goals, and policies. Aspen Community Growth Boundary. Same as Aspen Metropolitan (Metro) Boundary. Aspen Infill Area. That geographical area of Aspen east of Castle Creek and south of the Roaring Fork River, Aspen Metropolitan (Metro) Boundary. That geographic area described and illustrated in the Aspen Area Community Plan, as amended fromtime to time, encompassing both the City of Aspen and its environs. (Also know as the Aspen Community Growth Boundary). Awning. A roof -like cover that projects not less than three (3) feet and not more than five (5) feet from the wall of a building for the purpose of shielding a doorway or window from the elements. Bakery. Same as Commercial Kitchen Balcony. Same as a deck. Bandit unit. A dwelling unit or other structure developed or used in violation of the land use or building regulations in effect at the time of its construction. Base flood. A flood having a one (1) percent chance of being equaled or exceeded in any given year, also known as the one hundred (100) year flood. . Basement Floor. See Subgrade Area. Bathroom. That portion of a structure which may include a bath tub, toilet, shower or other per- sonal bathing or washing area. Bed and breakfast. A single-family dwelling used as a commercial lodging establishment for temporary guests, other than a hotel or lodge, and which contains no more than twelve (12) guest rooms, ,and is operated by an on -site resident manager or owner. This shall include all uses formerly known as boarding houses. The dimensions for a bed and breakfast shall meet those for a single-family home in the zone district. Bedroom. A portion of a dwelling unit intended to be used for sleeping purposes, which may con- tain closets, may have access to a bathroom and which meets Uniform Building Code requirements for light and ventilation. Breezeway. A covered .walkway connecting two or more buildings or structures, or which con- nects portions of the same building or structure. City of Aspen Land Use Code. August, 2007 Part 100, Page 14 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 53 OF 127, Janice K. Vos Caudill, Pitkin County, CO CBrewery. A facility for the production and packaging of alcoholic malt beverages for distribution which -does not generally receive the public or engage in retail sales. Building. A permanent structure having a roof supported by walls and intended to act as an enclo- sure or shelter for persons, animals, or property of any kind. Building envelope. A designated area on a lot or parcel in which all structures and development shall be constructed or occur, unless specifically excepted or exempted, including but not limited to excavation, landscaping, building,grading, demolition or filling. (See.Supplementary Regulations -- section 26.575.110--Building. Envelopes). Building permit. A permit authorizing an applicant under this code to undertake construction or other development activity. Canopy. A roof -like cover that projects more than five (5) feet from the wall of a building. Carport. A roofed structure providing space for the parking of automobiles and enclosed on not more than three sides. Carriage House. A deed restricted dwelling unit attached to or.detached from a principal residence situated on the same lot or parcel, and'which meets the occupancy, dimensional and other requirements set forth in Section 26.520 of this Title, and requirements set forth in the Aspen/Pitkin County Housing Guidelines. Category housing. Deed restricted affordable housing categorized to reflect different income lev- els as set forth in the Affordable Housing Guidelines. Category housing also refers to low, moderate, and middle income categories. This term does not include Resident Occupied (RO) housing. Child care center. A facility that is maintained for the whole or part of a day for the care of five or more children who are eighteen years of age or younger and who are not related to the owner, opera- tor, or manager thereof, whether such facility is operated,with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day care centers, school -age child care centers, before and after school programs, . nursery schools, kindergartens, preschools, day camps, and centers for developmentally disabled chil- dren and those facilities that give twenty four hour care for children and includes those facilities for children under the age of six years with stated educational purposes operated in conjunction with a pub- Iic, private or parochial college or a private or parochial school; except that the term shall not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school sys- tem of at least six grades. The term shall not include any facility licensed as a family child care home or foster care home. (See Supplementary Regulations --section 26.575.080--Child Care Center). Coffee roasting facility. A facility for the processing and packaging of coffee beans for the distri- bution which does not generally receive the public or engage in retail sales. City of Aspen Land Use Code. August, 2007 Part 100, Page 15 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 54 OF 127, Janice K. Vos Caudill, Pitkin County, CO Commercial kitchen. A commercial establishment producing or wholesaling prepared food items with no on -site consumption but which may have retail dispensing with no seating. or wait service. Commercial Parking Facility. The use of a parcel or structure for the short-term parking of automo- biles as an independent commercial venture. Lease periods of less than one month shall constitute short-term parking and shall be considered Commercial Parking Facilities. Leasing of off. -street parking spaces to tenants, guests,,patrons, or the general public for periods of one month or more shall not constitute a Commercial Parking Facility. When the use of off-street parking spaces by tenants, guests, patrons, or the general public, is.accessory to an on -site business or operation and is not an independent commercial venture, the parking shall not be con- sidered a Commercial Parking Facility, Commercial Parking Facilities may require conditional use approval or special review approval in some zone districts. Public parking facilities owned by a public agency shall be con- sidered "public uses." Commercial use. Land or a structure intended to support offices, retail, warehousing, manufactur- ing, commercial recreation, restaurant/bar, or service oriented businesses, not including lodges or ho- tels. Commission. The City of Aspen Planning and Zoning Commission. Consignment retail establishment. A retail establishment in which the operator sells second- hand goods as a third party agent between the buyer and seller. Contiguous. The sharing of a common border at more than a single point. Lots, parcels, or boundaries may be considered contiguous where separated by private rights -of -way, water courses, or water bodies situated between them. Cul-de-sac. A short local street terminating in a vehicular turnaround. Day care center. See "Child Care Center." (See Supplementary regulations --Child Care Center or, Home,'section 26.575,080.) Deck. An outdoor, unheated area appended to a living space but not intended for living. Demolition. To raze, disassemble, tear down, or destroy forty, percent (40%) or more of an existing structure (prior to commencing development) as measured by the surface of all exterior wall and roof area above finished grade and associated assembly and components necessary for the structural integrity of such wall and roof area. For the method of determining demolition, see sec- tion 26.575.020(E), measurement of demolition: The removal of a dwelling unit in a multi -family or mixed -use building, or its conversion to non-residential use shall also constitute demolition. (See, Chapter 26.530, Residential Multi -Family Replacement Program.) Density. The number of dwelling units or bedrooms per unit of land as permitted in the zone dis- trict. City of Aspen Land Use Code, August, 2007 Part 100, Page 16 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 55 OF 127, Janice K. Vos Caudill, Pitkin County, CO CDesign studio. A workshop primarily devoted to the design or representation of built form, land- scapes; consumer products, or graphic arts. Developer. A person or entity undertaking any development as authorized by this title. Development. The use or alteration of land or land uses and improvements inclusive of, but not limited to: 1) the creation, division, alteration or elimination of lots; or 2) mining, drilling (excepting to obtain soil samples or to conduct tests) or the construction, erection, alteration, or demolition of build- ings or structures; or 3) the grading; excavation, clearing.of land, orthe.deposit or fill in preparation or anticipation of future development, but excluding landscaping. Development application. A written request submitted in accordance with this title to undertake development. Development order.. A written authorization issued pursuant to the terms of this Title to under- take development according to an approved site specific development plan. (See Common Develop- ment.Review Procedures --section 26.304.070 Development Orders.) Dormitory. A building, or portion thereof, providing group sleeping .accommodations in one room, with shared bath and toilet facilities. (See Supplementary Regulations --section 26.575.160, Dormitory). Dwelling.. A structure, or portion thereof, intended and used as a shelter in which a person or peo- ple reside and sleep. Dwelling, attached residential. A residential dwelling which is physically connected to one -or more other dwellings or buildings on one or more sides. Dwelling, detached residential. A residential structure consisting of a single dwelling with open yards on all sides, excluding mobile homes. Dwelling, duplex. A residential building on a single lot or parcel comprised of two (2) attached units in either an over -and -under or side -by -side configuration having a common un-pierced above - grade wall -of at least one story in height and ten (10) feet in length, or a common un-pierced wallkeiling as applicable. Each unit in the duplex shall.contain no less than twenty-five (25) percent of the total floor area of the duplex structure. Dwelling, multi -family, A residential structure containing three (3) or more attached dwelling units, not including hotels and lodges, but including townhomes, with accessory use facilities limited to an office, laundry, recreation facilities, and off-street parking used by the occupants. One (1) or more dwelling units located within an office, retail, or service commercial building shall also be considered a multi-family,dwelling. The term "multi -family dwelling" also includes properties listed on the Aspen Inventory of Historic landmark Sites and Structures consisting of three (3) or more detached dwelling units where permitted by the zone district. City of Aspen Land Use Code. August, 2007 Part 100, Page 17 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 56 OF 127, Janice K. Vos Caudill, Pitkin County, CO Dwelling unit. A separately enterable room or combination of rooms which contain a kitchen and bathroom and which are designed for or used as an individual residence. Easement. A legal interest or right that entitles its holder to a specific limited use or enjoyment of the land of another. Eave point. The point in the roof plane of a structure or building which intersects with the exterior wall surface. (See drawing, below). Eave Point Employee housing. The same as "Affordable housing." Essential public facility. A facility which serves an essential public purpose, is available for use by, or benefit of, the general public and serves the needs of the community. Essential services. The development. or maintenance by public utilities or the City of under- ground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar equipment. The development or maintenance of commer- cial wireless telecommunication services facilities and/or equipment is not an essential service, but the development or maintenance of wireless telecommunication services facilities and/or equipment used exclusively for police, fire and/or other emergency response communication systems shall be consid- ered essential services. City of Aspen Land Use Code. August, 2007 Part 100, Page 18 I RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 57 OF 127, Janice K. Vos Caudill, Pitkin County, CO r Exterior Passageway. An unenclosed deck on the second floor or above that is open on at least `. two (2)sides that links two or more enclosed portions of a structure and serves. as a principal access to outside -loaded lodge rooms or multi -family dwelling units. Family. Two (2) or more persons related by blood, marriage or adoption, or between whom there is a legally recognized relationship, or not more than five (5) unrelated persons occupying the same dwelling unit. 'Farm buildings. Structures used to shelter or enclose livestock, poultry, feed, flowers, field equipment, horticultural activities and similar land uses. Farm uses. Uses of land devoted to the raising of crops, poultry or livestock. Farmers' market. A market established by an organization of farmers/producers to provide the opportunity for direct sale (by farmers or their representatives) of primarily Colorado -grown produce, with the potential for accessory sales of other agriculturally -related products, to wholesale or retail buyers at stalls or other similar structures of a temporary nature. (See Supplementary Regulations - Section 26,575.190, Farmers' markets). Fence. A constructed barrier, including berms, intended to prevent escape or intrusion, or to mark a boundary or shield or screen view, or to perforhi any similar function. (See, Supplementary Regula- tions -- Fences, Section 26.575.050,) CFlood hazard area. Any land area susceptible to being inundated by water from any source as identified by the Federal Emergency Management Agency (FEMA). Flooding. A general and temporary condition of partial or complete inundation .of normally dry land areas from: (a) the overflow of inland waters; (b) the unusual and rapid accumulation or runoff of surface waters from any source; or (c) mudslides which are proximately caused by flooding as defined in subsection (b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. Moodway. The channel of a river or other watercourse and the adjacent land area necessary or reserved to discharge a: base year flood without increasing the water surface elevation. Floor. The base walking surface within a room or other enclosure. Floor area. The sum total of the gross horizontal areas of each story of the building measured from the exterior walls or from the center line of the party walls. (See, Supplementary Regulations - Section 26.575.020, Calculations and Measurements). Floor Area Ratio (FAR). The total floor area of all structures on a lot divided by the lot area. City of Aspen Land Use Code. August, 2007 Part 100, Page 19 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 58 OF 127, Janice K. Vos Caudill, Pitkin County, CO Floor Area Ratio, external. The total floor area of all structures compared to the total area of the building site. . Floor Area Ratio, internal. The floor area within a building devoted to a particular.use, com- pared to the total floor area of the building. Food market. A store which principally sells packaged, bulk and/or fresh foods but which may have indoor customer seating of up to ten (10) seats for food service, but no wait service. Footprint. The horizontal extent to which a structure covers the ground plane as represented in plan view including cantilevered building elements but excluding eaves and similar architectural pro- jectionsof the roof plane. Free market unit. A dwelling unit not subject to the construction, occupancy or other regulations adopted by the City or its housing designee under the City's affordable housing program. Garage. A roofed structure providing space for the parking of automobiles and enclosed on all sides. Geographic Information System (GIS). A managed interactive system of computer hardware and software, and geographic data, designed to capture, store, update, manipulate, analyze, retrieve and display geographically recorded information. Grade, finished. The elevation of the ground surface measured where it meets the exterior wall of a structure upon completion of construction. Grade, natural. The undisturbed elevation of the ground surface prior to construction or other development activity. Graphic design. An artistic portrayal or decorative pattern painted or otherwise placed directly on an exterior wall, fence, awning, window or other exterior surface which may be viewed from outside . the premises upon which it has been placed and which is not used or displayed as an identification, ad- vertisement or promotion for the premises, a person, business, service, organization or product. Ground Floor. The Floor of 'a structure approximately the same elevation as the natural grade of the surrounding area. Group home. A residential building licensed by the State of Colorado as an owner -occupied or non-profit facility for the housing of up to eight (8) aged, mentally ill, or developmentally disabled per- sons, as those classifications of persons are defined under the Colorado Revised Statutes. (See Supple- mentary Regulations --section 26.575.200, Group Homes) Growth Management Commission Same as Planning and Zoning Commission. See Section 26.212 — Planning and Zoning Commission City of Aspen Land Use Code. August, 2007 Part 100, Page 20 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 59 OF 127, Janice K. Vos Caudill, Pitkin County, CO CHPC. The Historic Preservation Commission of the City of Aspen. Height, building. The height of a building shall be the maximum distance possible measured ver- tically from natural grade at any point within the interior of the building; and from natural or finished grade (whichever is lower) at any point around the perimeter of the building to the highest point or structure within a vertical plane. (See"Supplementary Regulations --section 26.575.020, Measurements and Calculations). High water line. The boundary dividing a riverbed from a river bank and defined as a line on the bank up to which the presence and action of water'are. so usual and long -conditioned as to impress on the bed a character distinct from that of the bank with respect to the nature of the ground surface, soil and vegetation. Historic landmark. A structure or site designated and regulated for its. historic architectural or other importance under Chapter 26.415 of this title. Historic significance. A building, structure, park, cemetery, archeological site, landscape, or ob- ject which has importance to the history, architecture, neighborhood, or community character of Aspen, or the area surrounding Aspen. As a general rule in preservation, any structure or portion of a structure that is at least fifty (50) years old may be considered historically significant. Historic Overlay District, "H.." An area or site designated and regulated for its historic architec- tural importance under Chapter 26.415 of this title. Home occupation. A business, occupation or trade conducted principally within a dwelling, or a structure accessory to the dwelling and allowed only as an accessory use. (See Supplementary Regula- tions --section 26.575.090, Home Occupations). Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided, and which has common reservation and cleaning services, combined utilities, and on -site management and reception services. Timeshare (a.k.a. fractional) units and time- share developments are considered Hotels for the purposes of the Land Use Code. For Hotels with flexible unit configurations, also known as "lock -off units," each rentable division, or "key", shall con- stitute a Lodge unit for the purposes of this Title. Unless otherwise approved pursuant to Chapter 26.590 — Timeshare Development, occupancy periods of a Hotel, or unit thereof, by any one person or entity with an ownership interest in the Hotel, or unit thereof, shall not exceed 30 consecutive days or exceed 90 days within any calendar year, regardless of the form of ownership. Occupancy periods for persons or entities with no ownership interest (e.g. va- cationers) shall be limited only by the 90-days per calendar year requirement. Residential properties, and units thereon, located within zone districts permitting Lodge use shall be permitted, but not required, to operate as a Lodge. The occupancy period limitations shall not apply to C City of Aspen Land Use Code. August, 2007 Part 100, Page 21 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 60 OF 127, Janice K. Vos Caudill, Pitkin County, CO residential properties (single-family, duplex, and multi -family) located within lodging zone districts regardless of whether the residential units are used for short-term occupancies. Housing designee. A person, agency -or entity appointed by the City Council to provide, expertise, management, and'administrative services concerning affordable housing. Junk yard. A site or parcel of land used for the collection, storage, salvaging, dismantling, disas- sembly or sale of waste paper, rags, scrap metal, discarded appliances, vehicles, machinery or other discarded materials. (See Supplementary Regulations --section 26.575.045(H), Junk Yards). Kitchen. A_ room or other portion of a structure used for the preparation and cooking of food and which contains a refrigerator,. sink, stove, range, cooktop or similar cooking device. Landscape Terrace. An uncovered, at -grade space which may be paved or planted.. Linked pavilion. An enclosed walkway connecting a primary structure to an accessory structure. (See Supplementary Regulations --section 26.575.020(A)(8), Linked Pavilion). Lodge. Same as hotel. Loggia. A deck, or porch attached to a living space and open on at least one side developed under a roof as an integral part of the building's mass rather than as an appended element. Logo. An artistic portrayal or decorative pattern printed or otherwise placed on an exterior wall, window sign or other exterior surface which may be viewed from outside the premises upon which it has been placed and which is used or displayed to identify, advertise or promote the premises, a person, business, service, organization or product. Long term. The occupancy of a dwelling unit for residential purposes for a time period not less than six (6) consecutive months and shall include rental occupancies, except that two (2) shorter rental occupancies maybe allowed per dwelling unit per year. Lot, A defined individual area or unit of land resulting from subdivision and reflected on a re- corded plat approved by the city; or if created and recorded prior to the adoption by the city of subdivi- sion regulations, or prior to its annexation into the city, a unit or area of land designated by a separate and distinct number or letter which is illustrated on a plat recorded in the office of the Clerk and Re- corder for Pitkin County. Lot area. The total horizontal area contained within the lot lines of a lot, or other parcel of land. (See, Supplementary Regulations - Section 26.575.020, Calculations and Measurements). Lot depth. The shortest horizontal distance between the front and rear lot lines. Lot line, front. The line normally closest to and/or dividing a lot from a street or street right-of- way. City of Aspen Land Use Code. August, 2007 Part 100, Page 22 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 61 OF 127, Janice K. Vos Caudill, Pitkin County, CO Lot line, rear. The lot line opposite the front lot line. Lot line, side. The lot lines other than front or rear lot lines. Lot width. The -horizontal distance between the side lot lines as measured along the front yard setback line. -Manufactured home. A single family dwellingunit which is partially or entirely manufactured in a factory or at some location other than the site of final construction and installation. A manufactured home is installed on an engineered, permanent foundation and has brick, wood, or cosmetically equiva- lent siding and a pitched roof. A manufactured home is certified to the National Manufactured Housing 'Construction and Safety Standards Act of 1974,42 U.S.C. 5401, et seq., as amended. Medical or dental clinic or office. An office of practitioners of the medical arts, where the primary use is the delivery of health care services on an outpatient basis, where sale of merchandise. is incidental to the sale of services, and where no overnight accommodations are provided. Mixed -Use. The use of land or a structure for more than one of the following land uses: ■ Commercial (which shall include Retail and Restaurant Uses, Neighborhood Commercial Uses, Office Uses, Service Uses, Service Commercial Industrial Uses, Food Market, and Commercial Parking Facility, but which shall exclude Agricultural Uses and Artist Studio). ■Residential (which shall include Detached Dwelling, Attached Dwelling, single-family dwelling, Duplex Dwelling, Multi -Family Dwelling,. Manufactured Home, free-market residence, Affordable Housing, Employee Housing, Group Home, Dormitory, Accessory Dwelling Unit, and Carriage House). ■ Lodging (which shall include Hotel, Timeshare Lodge, and exempt timesharing, but shall exclude Boardinghouse and Bed and Breakfast). ■ Civic (which shall include Arts, Cultural, and Civic Uses; Child Care Center; Essential Public Facility; Recreational Use; and, Public Uses; but shall exclude Open Space, Open Use Recreation Site, and ). Accessory Uses, Temporary Uses, and the ownership of property by a Non -Profit Organization that is not used as set forth above shall not qualify a property or structure as Mixed -Use. Mobile home. A detached, transportable, one -family dwelling unit intended for year round occur pancy, and containing sleeping accommodations, flush toilet, a tub or shower bath, kitchen facilities with plumbing and electrical connections intended for attachment to outside systems. All mobile homes must be certified to the National Manufactured Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq., as amended. A mobile home shall be made to be readily moveable as a unit on its own running gear and designed to be used as a dwelling unit with or without permanent foundation, but to be installed in either a permanent or semi -permanent manner. A mobile home is not licensed as a recreational vehicle or park model. The phrase "without a permanent foundation" indicates that the support system/chassis is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner. City of Aspen Land Use Code. August, 2007 Part 100, Page 23 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 62 OF 127, Janice K. Vos Caudill, Pitkin County, CO Mobile home park. A parcel or area of land upon which two (2) or more mobile homes, occupied or intended to be occupied for a dwelling, are located for any period of time, regardless of whether or not a charge is made for such accommodations, and whether or not the mobile homes and/or land are owned by the occupants. Monopole: A wireless communication facility which consists of a monopolar structure, erected to support wireless telecommunication antennas and connecting appurtenances. Motel. Same as "Hotel." Neighborhood. The area. adjacent to or surrounding existing or proposed development character- ized by common use or uses, density, style and age of structures and environmental characteristics.. Neighborhood Cafe: A commercial eating and drinking establishment where food is prepared and served for consumption on or off premises, limited to no more than 1,500 net leasable square feet and no limitation on outdoor seating and which may provide music or other performances and entertain- ment incidental to the primary use. Neighborhood Commercial Uses: Commercial establishments engaged in the selling or renting of consumer goods and merchandise to the general public and the rendering of services incidental to the sale or rental of such products. Neighborhood Commercial shall include Retail Uses (with the excep- tion -of Restaurants and Nightclub and Bar), post office branch, Artist Studio, Commercial Kitchen, Bakery, Food Market, Neighborhood Cafe, broadcasting facility, movie theaters, and the sale or rental of Motorcycles, Motor -drive cycles, and Motorized bicycles as defined by Section 42-1-102 C.R.S, non -motorized vehicles such as bicycles, clothing, sporting goods, jewelry, books, videos, prescription drugs, liquor, hardware, furniture, and art, and similar uses and activities. Net leasable commercial and office space. Those areas within a commercial or office building which are, or which are designed to be, leased to a tenant and occupied for commercial or office pur- poses, exclusive of any area including, but not necessarily limited to, areas dedicated to bathrooms, stairways, circulation corridors, mechanical areas and storage areas provided, however, that these areas are used solely by tenants on the site. Net livable area. The area available within a building for habitation and human activity measured from interior wall to interior wall, including interior partitions, and inclusive of, but not limited to, hab- itable basements and interior storage areas,.closets, and laundry areas; but excluding uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (attached or unattached), patios, decks, and porches. Nightclub and Bar: A commercial establishment engaged in the sale or dispensing of liquor by the drink for on -site consumption in which the preparation and serving of food may be available and where music, dancing or other entertainment may be provided or conducted. City of Aspen Land Use Code, August, 2007 Part 100, Page 24 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 63 OF 127, Janice K. Vos Caudill, Pitkin County, CO C Nonconforming lot or parcel. A lot or other parcel of land which as the result of the adoption of dimensional regulations contained within this Title fails to meet the minimum dimensional require- ments for the zone district in which it is located. Nonconforming lot of record. A lot or other parcel of land on record with the office of Clerk and Recorder for Pitkin County which as. the result of the adoption of dimensional regulations contained within 'tbis. Title fails to meet the minimum lot area and lot width requirements for the zone district in which it is located. Nonconforming structure. A structure which was originally constructed in conformity with -zon- ing and building codes ox ordinances in effect at the time of its development, but which no longer con- forms to the dimensional or other requirements imposed by this Title for the zone district in which it is 'located. Nonconforming use. The use of land or a building or structure which was originally established in conformities with the zoning and building codes or ordinances in effect at the time of its develop- ment, but which is no longer allowed as a permitted or conditional use under the regulations imposed by this Title for the zone district in which it is located. Non -Profit Organization. An entity which has received a favorable determination letter from the United States Internal Revenue Service regarding their tax exempt status, and is incorporated, subject to or in compliance with the applicable provisions of the Colorado Revised Statutes (CRS) Corpora- tions and Associations articles 121 to 137. Non -Unit Space. The floor area within a lodge, hotel, -or mixed -use building that is commonly shared such as lobbies, hallways, stairways, recreational areas, and dining rooms. Normal maintenance. That non -extraordinary maintenance carried out in any twelve (12) month period on a regular schedule necessary to preserve the safety and structural integrity of a nonconform- ing use or structure, including the repair and/or replacement of nonbearing walls, fixtures, wiring or plumbing. Office. A type of land use involving the establishment and delivery of business, professional, or governmental activities and/or services. Office Uses. A building, or portion thereof, used for the transaction of business, professional; or medical services and activities including, without limitation, realtors, timeshare sales, non-profit or- ganizations, travel agents, advertising or insurance agents, lawyers, physicians, dentists, architects, en- gineers, accountants, other licensed professionals and property management companies or agents. Officer or official. An official or officer of the City of Aspen. Official zone district map. The official map authorized in Section 26,710.030 designating the zone district boundaries in the City of Aspen. City of Aspen Land Use Code. August, 2007 Part 100, Page 25 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 64 OF 127, Janice K. Vos Caudill, Pitkin County, CO Off-street parking. A designated space or area of land with a paved or all-weather'surface not within a public street or right-of-way and used for the parking of vehicles. Open space. A designated space or area of land suitable for public or private use, including space available for landscaping. Such space shall be open to the sky, free of automobile traffic, parking, dis- play of merchandise, outdoor storage, or undue hazard. (See, Miscellaneous Supplementary Regula- tions - Section 26.575.030, Open Space), Open -use recreation site. Land devoted to public recreation uses or structures.. Owner. A person or entity in whom is vested the ownership or Title, either in whole or in part, of a building, structure or land, or a part thereof. P&Z. The Planning. and Zoning Commission of the City of Aspen. Paint your own ceramics, arts, and crafts. studio. A workshop that includes the making, glaz- ing, firing, and/or painting of ceramics by hand or involving the use of hand tools or small scale equipment by the public, which may include accessory retail sales and office space for purposes di- rectly related to the studio. Panel antenna: A flat surface antenna used to achieve transmission or reception from a specific direction. Parcel. An area of land which is capable of being described with such specificity that its location and boundaries may be established, and which has been or may be developed as a single unit of .land. Park. A publicly or privately owned area of land dedicated to active or passive recreational uses or as a refuge for wildlife. Park maintenance building. A building used in conjunction with the operation or maintenance of a park, including, but not limited to, the storage and repair of park vehicles and equipment, green- houses, and offices for park personnel. Person. An individual, business, corporation, partnership, government or government agency, limited liability company, trust, or any other legal entity. Planned Unit Development (PUD). A zoning overlay classification or designation under which certain zone district regulations may be varied to encourage flexibility and innovation in the develop- ment of land. See Chapter 26.445. Plat. A map or plan with written provisions that is prepared in compliance with this Code which, when approved by the City, is recorded in the Clerk and Recorder's Office of Pitkin County..(See Sup- plementary Regulations, Chapter 26.580). City of Aspen Land Use Code. August, 2007 Part 100, Page 26 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 65 OF 127, Janice K. Vos Caudill, Pitkin County, CO CPlate.height. The point at which there is an inflection in an interior wall, where the wall meets the ceiling of the room, corridor, or other space. Where stairs penetrate the ceiling of the room, corridor, or other space, plate height for that space shall be the height of the immediately adjacent ceiling within that room, corridor, or other space. - Porch. An un-insulated, unheated area under a roof, enclosed on at least one side by an exterior wall of a living space, and open on at least two sides to the outdoors, with or without screens. Pre -Application Conference. A meeting between.a potential land use applicant, and/ortheir rep- resentative, and member(s) of the Community Development Department held prior to submission of a land use application where aspects of development regulations, review criteria, review processes, ap- plication contents, and applicatiori fees are discussed. (See, Common Development Review Procedures - Section 26.304.020 Pre -Application Conference) Principal building. The -Primary structure on a lot. Public buildings and uses. A building,. facility, or land use/activity owned, occupied or carried out by a government or government agency. Public facilities. Major capital improvements, including but not limited to transportation, sanitary sewer, solid waste, drainage, potable water, education, and parks and recreation facilities. Commercial wireless telecommunication services facilities and/or equipment are not public facilities, but those used exclusively for police, fire and/or other emergency response communication systems shall be consid- ered public facilities. Public Uses: The use of land or buildings by public or quasi -public organizations for public use such as government administration and service, transportation buildings -and facilities, utility services and administration, public parking, post office, fire station, police station, library, meeting hall, visitor center, hospital, Essential Public Facilities, and other similar purposes. Public right -of way. A dedicated strip or other area of land on or over which the city and/or pub- lic may travel or use for passage and within which public utilities and/or streets, alleys, trails, side- walks, and other ways may be installed. PUD Development Agreement. A recorded document between the City of Aspen and a project owner/developer describing an approved Planned Unit Development and describing or referencing regulatory approvals, policies related to land uses, financial assurances for physical im- provements, deed restrictions, timing of improvements, acceptance procedures for improvements, non- compliance provisions, and any other requirements of the land use approval. PUD Development Plan. A recorded document describing the land uses, densities, configuration, . improvements, and character of an approved Planned Unit Development referencing associated regula- tory approvals and agreements. ( Reconstruction. To demolish and re -build an existing structure or part of a structure in kind. City of Aspen Land Use Code. August, 2007 Part 100, Page 27 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 66 OF 127, Janice K. Vos Caudill, Pitkin County, CO Recreation club. A building and associated land devoted to recreational use including, but not limited to, a golf, swimming pool or tennis clubhouse, an exercise room, a playground/activity center; and which may include kitchen, bathing or toilet facilities, locker rooms or assembly halls. Recreational Uses: Theme of land or buildings for recreational uses such as park, playground, play field, golf course, skate board park, or similar uses. Recreational vehicle. A wheeled vehicle intended to provide temporary living accommodations. A recreational vehicle is either self-propelled, hauled, or towed by a noncommercial vehicle. Included in the term are units commonly referred to as travel -trailers, camper -trailers, trailer -coaches, motor homes, and pickup campers. A recreational vehicle is not a mobile home as defined in this chapter. Recycling center: A building or facility used for the collection and preparation of recyclable ma- terial for efficient shipment. Rehabilitation. To restore or return a substandard or dilapidated building or structure to a habit- able condition consistent with existing building codes and regulations. Relocation. The moving of a building or structure to a location on or off of the lot or parcel on which it is situated. Remodel. A construction project comprising revisions within or to elements of an existing struc- ture, as distinct from additions to an existing structure. Renovate. To upgrade ariexisting structure to a more contemporary and/or efficient use through repair and alteration, including making additions to the existing structure. Residential multi -family housing. A dwelling unit which has in its history ever housed a working resident and which is located in a building in one of the following configurations: 1) A multi -family residential building; 2) A nixed -use building; or 3) A detached building on a property listed on the Aspen -Inventory of Historic Landmark Sites and Structures containing three (3) or more detached residential units where permitted by the zone dis- trict. Excluded from this definition shall be single-family and duplex dwellings and dwelling units used ex- clusively as tourist accommodations by or nonworking residents. Resident Occupied (RO) unit. A dwelling unit which is limited by deed restriction or other guar- antee running with the land to occupancy by qualified employees set forth in the housing guidelines of the Aspen/Pitkin County Housing Authority. City of Aspen Land Use Code. August, 2007 Part 100, Page 28 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 67 OF 127, Janice K. Vos Caudill, Pitkin County, CO CResidential use. Used or intended for use exclusively for -dwelling purposes, but not including hotels or lodges. Restaurant: A commercial eating and drinking establishment where food is prepared and served for consumption on or off premises, not subject to size or seating capacity limitation.and which may provide music or other performances and. entertainment incidental to the primary use. Retail and Restaurant Uses: Commercial establishments engaged in the selling or renting of consumer goods and merchandise and the preparation and serving of food and drink to the general pub- lic. The sale or rental of products manufactured or enhanced on -premises and the rendering of services incidental to the sale or rental of such products shall be permitted. Retail and Restaurant Uses shall include Restaurant, Nightclub and Bar, Food Market, Neighborhood Cafe, movie theater, and the sale or rental.of Motorcycles, Motor -driven cycles, and Motorized bicycles as defined by Section 42-1-102 C.R.S. non -motorized vehicles such as bicycles, clothing, sporting equipment, jewelry, books, videos, prescriptions drugs, liquor, hardware, furniture, and art, and similar uses and activities. Retail and Res- taurant uses shall not include Office Uses or Service Uses. Reverse -corner lot. A corner lot bounded on three sides by streets. Right-of-way. A strip or other area of land specifically designated or reserved for travel, passage, and/or the installation of utilities or other similar uses by persons other than, or in addition to, the land- owner. l Roominghouse. Same as 'Boardinghouse." Specially Planned Area (SPA). A zoning overlay classification or designation under which cer- tain zone district regulations may be varied to encourage design flexibility and mixed uses. (See Chap- ter 26.440). Scale. The perceived or relative size and proportions of a structure or architectural element. Satellite dish antenna or satellite radio frequency signal reception and/or transmission.de- vice. A dish -shaped or parabolic -shaped reception or transmission device used for the reception and/or transmission of satellite signals, including but not limited to television signals, AM radio signals, FM radio signals, telemetry signals, or any other reception or transmission signals using free air space as a medium, whether for commercial or private use. This definition does not apply to wireless telecommu- nication services facilities and/or equipment including cellular telephone; paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS), and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. Service Commercial Industrial Uses: The use of buildings or land for the manufacture, repair ( and servicing of consumer goods, the provision of common domestic services, and with limited retail, City of Aspen Land Use Code. August, 2007 Part 100, Page 29 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 68 OF 127, Janice K. Vos Caudill, Pitkin County, CO showroom, or customer reception areas. (See Service/Commercial/Industrial Zone Distract, Section 26.710.160.) Service yard. A yard or area used for storage of material accessory to or used in conjunction with the principal commercial use of a lot or structure. (See Miscellaneous Supplementary Regulations-- section 26.575.045, Service Yards.) Service Uses. Commercial establishments engaged in providing personal or financial services to the general public including banking, dry cleaning, laundromat, tailoring, mortuary, post office branch, shipping and receiving services, personal or sporting equipment storage lockers, barber and beauty shop, tattoo parlor, instructional or performing arts studio with no public performances, health and fit- ness facility, spa, and similar activities. Setback. An area commencing and extending horizontally and vertically from a lot line, property line, or other boundary which shall be unoccupied and unobstructed from the ground upward, excepting trees, vegetation, and/or fences, or other structures or projections as allowed. (See Supplementary Regulations --section 26.575.040, Yards). Short-term. The occupancy of a hotel or lodge unit for a rental time period not exceeding one (1) month in duration. Sidewalk. That portion of a street or right-of-way which is paved and designed for use by pedes- . trians. Sidewalk area. That portion of a street, right-of-way, or area bordering a street or right-of-way, primarily intended for use by pedestrians, but inclusive of planting strips, park strips, border areas, parkways or similar area. Sign. An object, device, symbol, light or structure that is intended to convey information or to ad- vertise; that is freestanding or fixed to, painted on, placed on, or incorporated into the surface of the structure, or that is displayed from or within a structure. Window displays of merchandise, and repre- sentations thereof, are not considered signage and shall not be subject to sign regulations (see Section 26.510.140, Signs -Window Displays). Sign, "A" frame or sandwich. A portable sign which is ordinarily in the shape of an "A" or some variation thereof and which usually has no wheels. Sign, free-standing. Any sign which is permanently affixed to the ground, which is self -supported by a standard or legs or other self-supporting structure used solely for that sign, and which is physically separated from any building or structure. Sign, off -site. A sign which directs attention to a business, commodity, service, entertainment, attraction or product sold, offered or existing elsewhere than upon the same lot where such sign is lo- cated. The term shall include outdoor advertising signs (billboards), unless otherwise preempted by state or federal law. City of Aspen Land Use Code. August, 2007 Part 100, Page 30 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 69 OF 127, Janice K. Vos Caudill, Pitkin County, CO Sign, portable or wheeled. A sign not permanently affixed to the ground, a buildin or other permanently affixed structure which may be moved from place to place and which may be mounted on wheels. Sign, projecting. Any sign, other than a freestanding sign, affixed to or supported by a building or structure, which projects beyond the surface of that portion of the building or structure to which it is affixed or supported by more than six (6) inches. Sign, roof. A sign created, placed or maintained 'in whole or in part upon, against, or directly above the roof or -parapet line of a building. Sign, temporary. A non -permanent sign erec period of time. ted, affixed or maintained for a short, usually fixed, Sign, wall. Any sign painted or placed on; incorporated in, or affixed to, a building wall, window or canopy, or any sign consisting of cut-out letters or devices affixed to a building wall, window -or canopy with no background defined on the building wall, window or canopy, with the exposed face of the sign located in a place substantially parallel to the wall, window or canopy surface on which it is placed. Site. The specific location of an actual or planned structure or structures, or an identifiable and f defined area of ground/land occupied, or that may be occupied, by a structure or structures. Site coverage. The percentage of a site covered by buildings, measured at the exterior walls of a building at ground level. See, Supplementary Regulations - Section 26.575.020, Calculations and Measurements.) Site Specific Development Plan.(SSDP). A development plan that has obtained final approval from the city after review and evaluation as provided for in this Title, including notice and public hear- ing, and which describes with reasonable certainty the type and"intensity of use for a specific lot(s), parcel(s), site(s), or other area(s) of land, and which incorporates all of the terms and conditions of ap- prodal. An SSDP may include or take the form of a PUD, subdivision plat, development and/or subdi- vision improvement agreement, a use or activity permitted on review, or such instrument or document as identified and agreed upon by the city and landowner or developer. A license, map, variance, ease- ment or permit shall not constitute an SSDP. Split -Level Building: A structure, or portion thereof, with floor levels separated from the adja- cent sidewalk level by four or more feet of both horizontal and vertical separation and which has a fin- ished grade below the level of the sidewalk in the area between the building and the sidewalk. Storage Area. A detached accessory structure, or a separately accessible portion of structure, in- tended to house items normally associated with the principal use of the property but not independently capable of residential, commercial, or lodging use. Areas defined for storage purposes shall not contain plumbing fixtures or mechanical equipment that support the principal residential, commercial, or lodg- City of Aspen Land Use Code. August, 2007 Part 100, Page 31 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 70 OF 127, Janice K. Vos Caudill, Pitkin County, CO ing use of the property. Mechanical equipment may be located in conjunction with storage space, but the floor area on which mechanical equipment exists shall not be considered storage area. Street. A way or thoroughfare, other than an alley, containing a public access easement and used or intended for vehicular, bicycle or pedestrian traffic. The term "-street" shall include the entire area within a right of way. Street, arterial. A street which has the primary function of carrying traffic and which may pro- vide access to abutting land while receiving and distributing traffic to and from collector streets and/or highways. Street, collector. A street which carries through traffic and may provide access to abutting lands. The primary function of collector streets is receiving and distributing traffic to and from local streets and providing for the distribution of traffic within . Street, local. A street which has the primary function of receiving and distributing traffic to and from residential streets and providing access to abutting lands, but which is not intended for,. and does not normally carry through traffic. Street, private. A street designated to comply with City Engineering standards which is retained in private ownership, maintained by the private owners, but dedicated for the use of the public.' Street, public. A street designed to comply with City Engineering standards dedicated to the pub- lic as a public right-of-way. Street, unopened. A public or private street that while depicted on a plat, map, right-of-way, or other document, has not been engineered, installed and/or approved for use by the City. Structure. Anything constructed, installed, or erected which requires location on the ground, or is attached/supported by something on the ground, inclusive of buildings, signs, roads, walkways, berms; fences and/or walls greater than six feet (6') in height, tennis courts, swimming pools, and the like, but . excluding poles, lines, cables, or similar devices used in the transmission or distribution of public utili- ties. Structure, detached. A structure not physically connected in any manner to another structure, above or below ground, exclusive of utility connections. Subdivider. Any person or entity that divides or seeks to divide land into two or more lots, par- cels or other units of land. Subdivision. The process, act, or result of dividing land into two or more lots, parcels, or other units of land or separate legal interests, for the purpose of transfer of ownership, leasehold interest, building, or.development, or for the creation or alteration of streets or right-of-ways. Subdivision shall also include the realignment, alteration or elimination of.any lot line or property boundary established by and/or reflected on a plat or deed recorded in the office of the Clerk and County Recorder for Pitkin City of Aspen Land Use Code. August, 2007 Part 100, Page 32 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 71 OF 127, Janice K. Vos Caudill, Pitkin County, CO County, anal land to be used for condominiums, apartments, or any other multiple dwelling units, or for �! time sharing dwelling units. Unless the division of land as specified below is undertaken for the pur- pose of evading this Title, "subdivision" does not apply to any division of land: (a) Which is created by judicial proceeding or order of a court of competent jurisdiction in this state, or by operation of law, provided that the city is given notice of and an opportunity to participate in the judicial proceeding prior to the entry of any such court order; -(b) Which is reflected or created by a lien; mortgage, deed of trust or any other security instru- ment; (c) Which is created or reflected in a security or unit of interest in any investment trust regulated under the laws of Colorado, or any other interest in an investment entity; (d) Which creates cemetery lots; (e) Which creates an interest in oil, gas, minerals or water which is severed from the surface own- ership or real property; or (f) Which is created by the acquisition of an interest in land by reason of marriage or blood rela- tionship, joint -tenancy, or tenants -in -common. Any such interest is for the purposes of this Title a sin- gle interest. Subdivision Agreement. A recorded document between the City of Aspen and a project owner/developer describing an approved Subdivision, the associated regulatory approvals, financial assurances for physical improvements, timing of improvements, acceptance procedures for improve- ments, and non-compliance provisions, and any other requirements of the land use approval. Subgrade Area. An area below the natural or finished grade of the ground. (See, Supplemental Regulations - Section 26.575.020(A), Floor Area). Tattoo parlor. A business establishment principally engaged in the business of creating indelible marks or figures fixed upon the human body by insertion of pigment under the skin. Temporary use or structure. A use or structure that may or may not be permitted in a given zone district, but which may be allowed on a non -permanent and temporary basis upon review. (See, Chapter 26.450, Temporary Uses.) Timeshare development or unit. A development, building or dwelling unit the title to which is, or is to be, divided either into interval estates or time -span estates as defined at Section 38-33-110, C.R.S., as may be amended from time to time. Timeshare Lodge. A development or a unit that has been approved for timesharing, pursuant to Chapter 26.590, and has the characteristics of a timeshare lodge, as specified in section 26.590.060. Each unit in a timeshare lodge shall be subdivided into no less than seven (7) time span or interval es - City of Aspen Land Use Code. August, 2007 Part 100, Page 33 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 72 OF 127, Janice K. Vos Caudill, Pitkin County, CO tates. A timeshare lodge unit may contain a kitchen and still be considered to be a lodge unit (not a residential dwelling unit) for purposes of this Land Use Code (although the city's.adopted building codes will consider a unit with a kitchen to be a dwelling unit, and the city may, therefore, require it to comply with the applicable provisions of those codes for a dwelling unit). Time share use. A contractual or membership right of occupancy (.which cannot be terminated at the will of the owner) for life, or for a term of years, to the recurrent and exclusive use or occupancy of a dwelling unit on some periodic basis for a set period of time that has been allotted from use or occu- pancy periods into which the dwelling unit has been divided.. Top.of slope. A line generally running parallel to.. a stream or river from which development must be setback and which delineates the bank of the river or stream or other riparian area as determined by the City Engineer. Townsite or Original Aspen Townsite. Land depicted on the City of Aspen incorporation plat of record, dated 1880. Parcels of land lying partially within this area shall not be considered within the Original Townsite. Trail. A marked or dedicated path or way for pedestrian and/or non -motorized traffic. Trash Compactor. A mechanical device intended to minimize volume and store domestic refuse meeting the requirements of Municipal Code Chapter 12.04 - Solid Waste. Upper Floors. The Floors of a structure located entirely above the Ground Floor of the same structure. Use. The purpose or activity for which a lot, other area of land, or a building is designated, ar- ranged, intended, occupied or maintained. Utility/trash service area. An area approved or designated for the placement of garbage or trash containers, or mechanical equipment, accessory to a principal structure or use. (See, Supplementary Regulations - Section 26.575.060, Utility/Trash Service Areas.) Vested property right. The right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan. Veterinary clinic: A facility maintained by or for the use of a licensed veterinarian in the care and treatment of animals wherein overnight care is prohibited except when necessary for medical purposes. Watercourse. A river, stream or water irrigation ditch. Whip antenna: A flexible rod antenna supported on a base insulator. City of Aspen Land Use Code. August, 2007 Part 100, Page 34 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 73 OF 127, Janice K. Vos Caudill, Pitkin County, CO ( Wildlife resistant dumpster or trash enclosure. A device or structure intended to store domestic `. refuse and limit access by non -domestic mammals meeting the requirements of Municipal Code Chap- ter 12,08 -- Wildlife Protection. Wireless telecommunication services facilities and/or equipment. Cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mo- bile radio service (CMAS), and other wireless commercial telecommunication devices and all associ- ated structures and equipment including transmitters, antennas, monopoles, towers, masts and micro- wave dishes, cabinets and equipment rooms. This definition does not apply to non-commercial satellite dish -antennae, radio and television transmitters and antennae incidental to residential use. A. "Cellular" means an analog or digital -wireless -communication technology that is based on a sys- tem of interconnected neighboring cell sites, each of which contains antenna. B. "Enhanced Specialized Mobile Radio" (ESMR) means a digital wireless communication technol- ogy that specializes in providing dispatching services. C. "Personal Communication Services" (PCS) means a digital wireless communication technology, that has the capacity for multiple communications services and will provide a system in which calls will be routed to individuals rather than places, regardless of location. Working resident. A person as defined in the Affordable Housing Guidelines. CYard. The grounds surrounding a building on the same lot or parcel which are unoccupied and unobstructed above and below ground, except for trees and vegetation, or as otherwise permitted in this Title (See Supplementary Regulations - -section 26:575.040, Yards. See also." Setbacks.") Yard, front. The yard extending the full width of a lot.or parcel, the depth of which is measured by the narrowest horizontal distance between the front lot line and the nearest surface of the principal building at grade. Yard, rear. A yard -extending the full width of a lot or parcel, the depth of which is measured at the narrowest horizontal distance between the rear lot line and the nearest surface of the principal build- ing at grade. Yard, side. A yard extending from the front yard to the rear yard of a lot or parcel, the width of which is measured at the narrowest horizontal distance between the side lot line and the nearest surface of the principal building at grade. (Ord. No. 2-1999 § 2; Ord. No. 34-1999, § 1; Ord. No. 39-1999 § 7; Ord. No. 41-1999, § 1; Ord, No. 1999, § 5; Ord. No. 5-2000 §§ 1, 2; Ord. No. 38-2000, § 1; Ord. No. 56-2000, § 9; Ord. No. 39-2001, § 1 (part); Ord, No. 46-2001, § 3; Ord. No. 1-2002, § 1; Ord. 9-2002, § 2, 2002; Ord. No. 21-2002 § 2, 2002; Ord. No. 40-2002 § 1, 2002; Ord. No. 52-2003 §1; Ord. No. 54-2003, § 1; Ord. No. 7-2004 § 1; Ord. No.28a-2004 § 1; Ord.No. 13-2005, § 1,2; Ord. No. 17-2005, §2; Ord. No. 12-2006 §20; Ord. No. C 12-2007) City of Aspen Land Use Code. August, 2007 Part 100, Page 35 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 74 OF 127, Janice K. Vos Caudill, Pitkin County, CO 26.710.130 Rural Residential (RR). j A. Purpose. The purpose of the Rural Residential (RR) zone district is to allow utilization of land for low -density,. long term residential purposes with the recreational, institutional, public and other com- patible uses customarily found in proximity to those uses allowed as permitted uses or conditional uses. B. Permitted uses. The following uses are permitted as of right in the,Rural Residential (RR) zone district: 1. Detached residential dwelling; 2. Farm building and use, provided that all such buildings and storage areas are located at least I00•feet from pre-existing dwellings, on other lots; 3. Nursery; 4. Greenhouse; 5. Home occupations; 6. Accessory buildings and uses; and = 7. Accessory dwelling units meeting the provisions of Section 26.520.040. C. Conditional uses. The following uses are .permitted as conditional uses in the Rural Residential (RR) zone district, subject to the standards and procedures established in Chapter 26.425: , 1. Public building; 2. Public and private academic school;. 3. Church; 4. Radio tower; 5. Recreation club; E.. Child care center; 7. Park and open use recreation site including ski runs, ski lifts and other skiing facilities and structures; 8. Sewage disposal; 9. Water storage and reservoir; 10. Electric substation or gas regulator station (not including building for offices, repair or storage); -and 11. Veterinary clinic. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Rural Residential (RR) zone district: 1. Minimum lot size (acres): 2. 2. Minimum lot area per dwelling unit (acres): 2. 3. Minimum lot width (feet): 200: 4. Minimum front yard setback (feet): 30. 5. Minimum side yard setback (feet:20.. City of Aspen Land Use Code. August, 2007 Part 700, Page 35 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 75 OF 127, Janice K. Vos Caudill, Pitkin County, CO 6. Minimum rear yard setback (feet: 20. 7. Maximum height (feet� 28. 8. Minimum -distance between principal and accessory buildings (feet): No requirement, 9. Percent of open space required for building site: No requirement. 10. External floor area ratio (applies to conforming and nonconforming lots of record same as R- 15 zone district. (Ord. No. 56-2000, § 3; Ord. No: 25-2001, § 3) City of Aspen Land Use Code. August, 2007 Part 700, Page 36 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 76 OF 127, Janice K. Vos Caudill, Pitkin County, CO 4. A certificate by a corporate Title insurer, that the person or persons dedicating to the public the public rights -of -way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances.. 5. Certificates showing approval of the final plat by the City Engineer, Community Development Director and the Planning and Zoning Commission. 6. A certificate showing approval of the plat and acceptance of dedications and easements by the City Council, with signature by the mayor and attestation by the city clerk. 7. A certificate of filing for the Pitkin County Clerk and Recorder. 8. Complete engineering plans and specifications for all improvements to be installed in the proposed subdivision, including but not limited to water and sewer utilities, streets and related improvements, trails, bridges and storm drainage improvements. 9. A landscape plan showing location, size, and type of proposed landscape features. 10. Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time. 11. Any agreements with utility or ditch companies, when applicable. 12. Any subdivision agreements as required by this chapter. 26.480.070 Subdivision agreement. A. General. Prior to approval of a subdivision, the applicant and City Council shall enter into a subdivision agreement binding the subdivision to any conditions placed on the development order. B. Common park and recreation areas. The subdivision agreement shall outline any agreement on the part of the applicant, to deed public lands, open space, public facilities, and other improvements to the city or other entity. C. Landscape guarantee. In order to ensure implementation and maintenance of the landscape plan, the City Council may require the applicant to provide a guarantee for no less than one hundred twenty-five (125) percent of the current estimated cost of the landscaping improvements in the approved landscape plan, as estimated by the City Engineer, to ensure the installation of all landscaping shown and the continued maintenance and replacement of the landscaping for a period of two (2) years after installation. The guarantee shall be in the form of a cash escrow with the city, or a bank City of Aspen Land Use Code. August, 2007. Part 400, Page 169 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 77 OF 127, Janice K. Vos Caudill, Pitkin County, CO or savings and loan association, or an irrevocable sight draft or letter of commitment from a financially responsible lender and shall give the city the unconditional right upon demand to partially or fully complete or pay for any improvements or pay any outstanding bills, or to withdraw funds upon demand to partially or fully complete or pay for any improvements or pay for any improvement or pay any outstanding bills for work done thereon by any party. As portions of the landscaping improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten (10) percent shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five (25) percent, which shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. D. Public facilities guarantee. In order to ensure installation of necessary public facilities planned to accommodate the subdivision, the City Council shall require the applicant to provide a guarantee for no less than one hundred (100) percent of the current estimated cost of such public improvements, as estimated by the City Engineer. The guarantee shall be in the form specified in section 26.480.050(c) and may be drawn upon by the city as specified therein. As portions of the public facilities improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except ten (10) percent which shall be withheld until all proposed improvements are completed and approved. E. Recordation. The subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the city/county GIS system. The one hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. (Ord. No. 9-2002 § 10, 2002) 26.480.080 Amendment to subdivision development order. A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be City of Aspen Land Use Code. August, 2007, Part 400, Page 170 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 78 OF 127, Janice K. Vos Caudill, Pitkin County, CO anticipated during the approval process, or any other minor change to a plat which the Community Development Director finds has no effect on the conditions and representations limiting the approved plat. B. Other Amendment. Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. C. Plat vacation. Vacation of an approved plat or any other document recorded in conjunction with a plat shall be considered a plat amendment, and shall only be approved by the City Council if good cause is demonstrated. 26.480.090 Condominiumization. A. General. Where a proposed development is to include a condominium form of ownership, or if an existing development is to be converted to a condominium form of ownership, in whole or in part, a condominium subdivision plat reflecting all condominiumized units, or that portion of the development to be condominiumized, shall be submitted to the Community Development Director for review and approval as a subdivision pursuant to the terms and provisions of this section. ( B. Procedure. A development application for a condominiumization shall be reviewed and approved, approved with conditions, or denied by the Community Development Director, pursuant to the procedures and standards in this section and Common Development Review Procedures set forth at Chapter 26.304. No condominiumization shall be approved by the Community Development Director unless compliance with all application portions of this Section, applicable portions of this Chapter, and applicable portions of this Title are demonstrated. Contents of Application. The contents of a development application for a condominium or condominiumization shall include the following: a. The general application information required in Common Development Review Procedures set forth at Section 26.304.030. b. A condominium subdivision plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1-1/2) inches on the left hand side of the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet. It shall include: (1) Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important City of Aspen Land Use Code. August, 2007. Part 400, Page 171 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 79 OF 127, Janice K. Vos Caudill, Pitkin County, CO features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). (2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger; Architectural scales are not acceptable. If it is necessary to place the plat on more than one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the condominium project as it relates to the rest of the city and the. street system in the area of the proposed condominium. (3) A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. (4) A statement by the land surveyor explaining how bearings, if used, were determined. (5) A certificate by the registered land surveyor as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article, 51, as amended from time to time. (6) A: certificate by a corporate Title insurer, that the person or person dedicating to the public the public rights -of -way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. (7) Certificates showing approval of the final plat by the City Engineer and Community Development Director. (8) A certificate of filing for the Pitkin County Clerk and Recorder. (9) Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time. 2. Recordation. The approved condominium subdivision plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Director shall render the plat invalid and a new application and approval will be required. City -of Aspen Land Use Code. August, 2007. Part 400, Page 172 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 80 OF 127, Janice K. Vos Caudill, Pitkin County, CO 3. Subdivision Agreement. No subdivision agreement need be prepared or entered into between the applicant and the city pursuant to a condominium or condominiumization approval unless the Community Development Director determines such an agreement is necessary. 4. Minimum Lease Deed Restriction. Minimum lease deed restrictions imposed by the City Council as a condition of condominiumization approval prior to July 1, 1992, shall only be modified or removed with the consent of the City Council. (Ord. No. 55-2000, § 12) City of Aspen Land Use Code. August, 2007. Part 400, Page 173 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 81 OF 127, Janice K. Vos Caudill, Pitkin County, CO cllc:Eptuiil 1, i%rf h lilt,:~ t SyVi -ws Fa;:,; prrin Club EXHIBIT E Aspen Club Living Conceptual Energy & Mechanical Systems Plan 1300 Ute Avenue Aspen, Colorado Resource Report prepared by: -- Engineering ZackGusfgfson LGroup, Inc. AugustHaszP.E. Resource Engineering Group, Inc. of lency • sustain ility • simplici[y November 24, 2008 Table of contents Section 1: Executive Summary Section 2: Conceptual System Description Section 3: Historical Data Breakdown Section 4: Energy Savings Plan Section 5: Final Development Energy Use Projections Section 1: Executive Summary Goal: The total energy use of the entire 1300 Ute Avenue site after the Aspen Club Living (ACL) development is complete will be equivalent to or less than the site's recent historic energy use. Summary: • Energy bills over the last three years average 18,600 million Btu/yr or 240 kBtu/sf yr for the existing 77,000 sf building. The high energy use per square foot of the existing site presents great opportunities for savings. • New development requires a complete HVAC retrofit for the existing building. Overall energy use for the existing building (including all site snowmelt) must be reduced to 15,900 million Btu/yr or less to meet the stated goal. The remaining 2,700 million Btu will be allocated to the planned 73,000 sf of additional residential space. • New development must be designed for 38 kBtu/sf yr or lower for fractional residential spaces and 34 kBtu/sf yr or lower for affordable housing spaces. • This energy goal is within reach. A 20% reduction in energy use of the existing site would free up enough energy annually to supply all new residential spaces on the site. The strategy for this reduction is addressed in Section 4. Page 1 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 82 OF 127, Janice K. Vos Caudill, Pitkin County, CO Section 2: Conceptual System Description Whole site systems: • A Ground -Source Heat Pump (GSHP) loop field under patios and the parking structure will provide 100% of peak cooling and approximately 40% of peak heating for the entire site. The loop field will consist of approximately 150 boreholes, 200 ft deep and 15 ft apart. • A campus -wide digital controls systems will allow advanced energy savings strategies, remote access and monitoring, and energy use analysis. The systems will also provide data for energy -use feedback to tenants. Aspen Club building: • Water -to -water and water -to -air GSHPs will provide space heating and cooling, pool heating, and domestic hot water (DHW). • A high efficiency condensing -modulating boiler array will provide an auxilliary heat source for peak heating events. • One or two larger air handlers using hot water coils for heating and evaporative media for cooling will replace all of the existing air handlers in the main area of the existing building. • The lower level spa and massage rooms will be retrofitted with radiant hydronic ceiling panels for heating and Energy Recovery Ventilators (ERVs) for ventilation. • New fractional ownership units in the Aspen Club building will have in -floor radiant tubing for heating and fan coil units for cooling. Water -to -water GSHP units connected to the central loop field will provide hot and cold water for heating and cooling. Individual GSHPs for each unit will allow for energy use sub -metering. • Solar thermal collectors were not included in this round of modeling but could provide heat for DHW requirements and offset pool energy use. Affordable housing units: • The new affordable housing units will have in -floor radiant tubing and water -to - water GSHPs attached to the central loop field for heating. Individual GSHPs per unit will allow sub -metering of the living units. No cooling will be provided for these units. Townhouses: — New townhouses will have in -floor radiant tubing for heating and fan coil units for cooling. Water -to -water GSHP units connected to the central loop field will provide hot and cold water for heating and cooling. Individual GSHPs will allow - for energy use sub -metering. Page 2 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 83 OF 127, Janice K. Vos Caudill, Pitkin County, CO Section 3: Historical Energy Use Breakdown Existing Site Energy Use 18,600 Million Btu/yr Snowmelt 3% Tennis bubble heating Space,ht V, MIR 7% 4 Pool Heating 9% 4 1{ DHW Lighting 8L Plugs 17% 190/10 The average annual energy consumption of the site based on utility bills from January 2006, to July 2008 is 18,600 million Btu/yr. We used several methods and strategies to split total energy consumption into the following areas: • Space heating and cooling: We created an Energy- 10 model (an hourly analysis, w/ Aspen weather data) based on building envelope, occupancy, and observed HVAC operation to estimate annual usage. • Lighting and plug loads: We used site observations to estimate lighting at 1.5 watts/sf installed and plug loads at 1.6 %vaits/sf installed, These peak loads were scheduled in the Energy- 10 model based on occupancy patterns. • DHW: Most of the heated water used on site is used for showers and laundry. We calculated annual DHW energy use from overall water use, trends in facility use and occupancy, and estimated end -use water temperature. a Pool heating: We created an Energy-10 model based on the existing pool envelope to approximate yearly use. The air -handier is not currently operational and was not modeled. All heating energy is provided by the pool and spa boilers. • Tennis bubble: We created an Energy- 10 model to approximate yearly energy use, The model used the approximate dimensions of the bubble, an R-value of 1.7 for (lie material, a temperature set point of 50°F, and the observed nameplate input and output of the bubble's dedicated air handler (80% efficiency). • Snowmelt: We modeled yearly energy use for snowmelt based on Aspen-Pitkin Energy Code calculations. We used the nameplate rating of the snowmelt boiler and assumed 82 1 hours per year of runtime, 125 btu/h-sf energy use. Snowmelt area was modeled at approximately 2500 sf. Page 3 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 84 OF 127, Janice K. Vos Caudill, Pitkin County, CO Section 4: Energy Savings Plan - Reductions to energy use in the existing Aspen Club will come from several different areas using a combination of different methods. Space heating & cooling: Existing Club Space Heating The breakdown of the existing 20000 energy bills shows an average - energy use of 7,450 million 15000 Btu/yr of natural gas and 797 million Btu/yr of electricity to 10000 heat and cool the existing G building. This represents 45% of the total use. Using the heating E 5000 system described in Section 3, ' h 68% o our analysts s ows a reduction in the energy required Total Site Existing Use Reduced Use for space heating resulting in Energy 5,625 million Btu/yr or 30% savings in total energy use for the existing building. Cooling energy will increase slightly to meet cooling demands of the existing club. The increase is extremely small due to the use of primarily evaporative cooling. Lighting and plug loads: Existing Club Lighting and Plug Loads Energy use by lights and 20000 _ equipment totals 3,523 million Btu/yr (1033 MWh/yr), or about T 15000 19% of total yearly energy use. This can be reduced as part of m 10000 the renovation using lower o wattage lighting and control 5000 - strategies that turn off lights and equipment when they are not in 0 All energy uses ..... Savings Lighting & plugs ......... 18,581 .... �� .......................... yfli....... 3,523 2,810 use. A 20% reduction to lighting -- and plug toads in the existing total site Existing Use Reduced Use Energy building results in 713 million Btulyr, or an additional 4% savings in overall energy use. Page 4 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 85 OF 127, Janice K. Vos Caudill, Pitkin County, CO DHW: Existing Club Domestic Hot Water The energy spent heating water 20000 for domestic use represents 3,170 million Btu/yr or about 15000 18% of the total site energy. The majority of this is for laundry a 10000 and showers. Using GSHPs, we o can reduce energy use by 50%, — which results in a savings of 5000 1,670 million btus/yr or 9% of SI ° ...................;...i 585..... 3,170 1,585 the overall energy use. o ar Total Site Exlsung Use Reduced use thermal panels were not Energy modeled, but could provide additional energy savings. This technology would be especially appropriate given the year-round nature of DHW energy use in the club. Pool heating and ventilation: Existing Club Pool Heating The development plan includes 20000 a major renovation to the pool facility. A new building 15000 All energy uses envelope and air handling system will greatly increase m 10000 . Fool heating indoor air quality and thermal 0 18,581 comfort in the space, but will f s000 result in a small increase in pool 1,733 11860 energy use. Solar thermal panels - — were not modeled, but could ° Total Site Existing Use Incresed Use provide additional energy Energy savings. Tennis bubble: Existing Club Tennis Bubble Discarding the tennis bubble 20000 and its heating system, as planned, represents a 7% 15000 _ savings. The bubble is a fairly simple structure with a 1° 10000 `o straightforward heating system and is easily modeled. Our f s000 model predicts an average energy use of 1,224 million 0 Btu/yr of natural gas and 103 Total Site Existing use Reduced Use million Btu/yr of electricity for Energy fans and lighting. This is based on the optimistic 80% nameplate efficiency of the existing heating system, continuous conditioning to 50°F, and a generous R-1.7 insulation value for the skin of the bubble. Page 5 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 86 OF 127, Janice K. Vos Caudill, Pitkin County, CO ... 't'�:1 , • e, I `:yak• ,ns "!� �?' �: '' Snowmelt: The proposed area for snowmelt 20000 is 550% greater than the existing area, increasing the 15000 energy used. We estimated the increased use with calculations 10000 based on the Aspen-Pitkin Energy Code and historic 5000 snowfall data for the Aspen area. 0 Existing Club Snowmelt All energy uses ! Snowmelt 18,581 ......... ......... 581 3,282 Total Site Existing Use Increased Use Energy Energy Savings Plan Summary: The above savings measures in addition to increased energy use for pool heating and snowmelt, yield a total energy savings of 6,370 million Btu/yr or 34% over recent historic energy use. This represents enough energy to supply the planned new development as well as a cushion to absorb small changes in construction design, and allow for variability in energy use patterns of club guests and residential tenants. Projected Site Energy Use 18,600 Million Btu/yr :-a Space heating & Total Savings -- cooling 34% 14% Snowmelt 18%-`"— Tennis bubble heating 0% L__�7 Pool Heating 10% ,—Lighting & Plugs 15% Page 6 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 87 OF 127, Janice K. Vos Caudill, Pitkin County, CO Section 5: Final Development Energy Use New Energy Use 18,600 Million Btu/yr or less Affordable housing -� 2% Townhouses r r 1 Club units 30/a Tile energy use of the affordable housing units, townhouses, and club units shown in the graph above are based on Energy-10 models developed from planned construction design. System design was modeled as outlined in Section 2. The townhouses as modeled will require 39 kBtu/sf/yr. The club units will require 37 kBtu/sf/yr, and the affordable housing units will require 34 kBtu/sf/yr. These numbers will vary somewhat based on final construction details, lighting design, and occupant use patterns. Conclusion: Our analysis shows that the goal of adding 72,000 square feet of residential space while using the same or less annual site energy is achievable. We believe these results are conservative. Detailed calculations and modeling results are available for review upon request. The 21 % overall savings shown above represents the cushion to absorb differences between planned energy use and the actual future energy use of the site. Page 7 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 88 OF 127, Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 89 OF 127, Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 90 OF 127, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT H Aspen Club & Spa PROPOSED TRAFFIC SAFETY TRANSPORTATION DEMAND MANAGEMENT TOOLS The goal of Aspen Club Living is to create both a safer Ute Avenue as well as limit any growth in traffic on Ute Avenue due to this project To achieve these goals we have worked with the City of Aspen Transportation Programs Manager, Lynn Rumbaugh and engaged TDA, Inc of Seattle and Denver, respected traffic engineers who have been used by the City of Aspen, to help us create a set of traffic safety & management tools. This will be a living, evolving program reinforcing the actions that work effectively and weeding out those measures that are not effective. Baseline conditions have been established via high season traffic counts at key locations in the vicinity, including Ute Avenue and the Club entrance. We understand that this process of creating a safer street is a continual work in progress. To manage this process, the Club will have a designated Transportation Coordinator who will manage all of these programs as a function of their job description. In addition, the Aspen Club will remain an active member of the Transportation Options Program with a designated transportation contact for the City. Envisioned Traffic Management Measures As stated above we believe we can create a traffic management plan that limits any growth in traffic on Ute Avenue due to this project. We would do this through a flexible set of tools used to reduce overall traffic. Through the insights of Mrs. Rumbaugh, we have developed a management plan that breaks down traffic by different groups of users of the Club. We would further propose that we implement our plan in phases starting with those things that potentially have both the greatest impact on traffic creation, are the easiest to implement and utilize existing resources as much as possible. Along with our management tools we will continue our seasonal monitoring program where we can track the impact of our program on actual traffic. The target groups break out as follows: • Employees Commuting to the Club • Employees Living On -Site in Aspen Club Affordable Housing RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 91 OF 127, Janice K. Vos Caudill, Pitkin County, CO • Members of the Club • Guests of the Club • Aspen Club Living Owners The initial set of traffic management tools per group would be: Employees Commuting to the Club 1. Employees will be encouraged to carpool, shuttle or ride the bus to the Club, Employee parking will be Ilmited to the Crystal Lake Parking lot. This will be enforced by the designated Transportation Coordinator. 2. The Aspen Club will provide reduce priced bus passes for employees to use RFTA. The Club currently subsidizes 50% of employee's bus passes and we will continue to do so into the future. 3. At all new hire orientations, the Aspen Club will provide information on all the different employee options for commuting to the Club and reducing traffic on Ute Avenue. 4. The Aspen Club will organize carpools for employees who have to commute to the Aspen Club. We will prioritize matching employees with other Aspen Club employees, but if necessary, we will look outside of the company as well to create carpools. 5. Shared bicycles for employee to take trips to town will be available at the Club. a. Initially, up to ten bicycles will be available. This will be increased if justified by demand. b. A check out / check in system such as using electronic 1D card will be implemented for use. 6. The Aspen Club will create incentive plans for carpoolers, bikers, walkers and RFTA riders potentially consisting of gift cards, punch cards, prize drawings or end of season raffles. 2 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 92 OF 127, Janice K. Vos Caudill, Pitkin County, CO 7. The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would augment the Cross Town Shuttle services and serve Ruby Park and set points in town to make commuting easier for our employees. a. Shuttle vehicles will be reduced emissions or zero mission. This service is envisioned to be provided from 7 AM to 9 PM every day during the peak summer and winter seasons. These hours may be increased or decreased depending on actual demand experience. During shoulder seasons and before 7 AM and after 9 PM, service wiU determined by demand so as not to be running an empty shuttle. A route and a schedule will be developed and coordinated with the City Transportation Department on an annual basis for the first three years of operation. b. Signs and other information identifying the routes and times will be posted at the Club, and, if permitted, at Ruby Park and in town. c. The shuttle service will look to coordinate pickups and drop offs at Ruby Park to coincide with RFTA bus arrival and departure times. d. Employees will be allowed to use the shuttle vehicles for errands they have in town. e. There will be no charge for the service. B. The Aspen Club will work with the City in implementing an Emergency Ride Home Program for employees who take the bus to work, but for one reason or another (e.g. - sick child) need to get home in a hurry. This will give employees a sense of comfort that they can take the Bus into town but get home quickly if they need to. As we are planning to use the City's ERH program, we will work with them to set some limits on the extent of that use in terms of cost. Employees Living On -Site in Aspen Club Affordable Housing 1. Preference for access to On -Site Affordable Housing would be given to employees who agree not to park a car at the Aspen Club. Move -in packets will provide information on all alternative transportation programs provided in Aspen. 2. The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would serve Ruby Park and set points in town to make not K RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 93 OF 127, Janice K. Vos Caudill, Pitkin County, CO having a car on -site easier for our employees who live on -site. The shuttle would also be available for on -call pickups and drop offs as it is today. a. Shuttle vehicles will be reduced emissions or zero -emission. b. This service is envisioned to be provided from 7 AM to 9 PM every day during the peak summer and winter seasons. These hours may be increased or decreased depending on actual demand experience. During shoulder seasons and before 7 AM and after 9 PM, service will be on -call. c. The shuttle will be available for errands such as grocery shopping trips into town. d. Signs and other information identifying the routes and times will be posted at the affordable housing units. e. Residents will be encouraged to use the Shuttle for errands they have in town. f. There will be no charge for the service. 3. Car sharing vehicle will be available, on -site, for employees living in affordable housing. a. We will work with Roaring Fork Valley Vehicles to have one car share car stationed at the Aspen Club for Aspen Club employee use. b. Employees living in the on -site affordable housing will have access to the car share program at the normal RFW rate scale. c. The vehicles will remain on -site overnight. d. Electronic ID cards or monitoring method then in place by RFVV will be utilized. 4. Shared bicycles for employees to ride to town will be available at the Club. a. Initially, up to ten bicycles will be available. This will be increased if justified by demand. b. A check out / check in system such as using electronic ID card will be implemented for use. 5. Arrangements will be made with a local car rental company for discounted car rentals. a. The Club will arrange for discounted car rentals for our employees who live on - site. 4 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 94 OF 127, Janice K. Vos Caudill, Pitkin County, CO b. Employee living on -site will be able to use these vehicles to take trips outside of Aspen. c. Trips will be charged at the negotiated discounted car rental rates. Members of the Club 1. The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would serve set points in town to make it easy for our members who live or work in town to take our shuttle. a. Shuttle vehicles will be reduced emissions or zero -emission. b. Information oil this service will be provided in membership materials. c. This service is envisioned to be provided from 7 AM to 9 PM every day during the peak summer and winter seasons. These hours may be increased or _ decreased depending on actual demand experience. During shoulder seasons and before 7 AM and after 9 PM, service will be on -call. d. Signs and other information identifying the routes and times will be posted at the Club, and, if permitted, in town. e. The shuttle will be on call as well as having a set route. f. There will be no charge for the service. 2. The Aspen Club will create an incentive system for members who walk, ride their bikes or take either our shuttle or the Cross Town Shuttle to and from the Club. A. Information on this incentive system will be provided in membership materials. b. Members will have a punch card system to track their use of niternative transportation. c. Incentives will potentially consisting of gift cards, prize drawings or end of season raffles for prizes and rewards. Guests of the Club 1. The Aspen Club will provide shuttle service to and from the Club for guests at regularly scheduled intervals. a. These would serve set points in town, as well as be on demand, to make it easy for our guest who are visiting town to lake our shuttle. b. Shuttle vehicles will be reduced emissions or zero -emission. S RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 95 OF 127, Janice K. Vos Caudill, Pitkin County, CO c. Information on this service will be provided in guest materials. d. The Club will work with Hotel partners in town pick to up their guests in a timely manner. e. This service is envisioned to be provided from 7 AM to 9 PM every day during die peak summer and winter seasons. These hours may be increased or decreased depending on actual demand experience. During shoulder seasons and before 7 AM and after 9 PM, service will be on -call. f. Signs and other information identifying the routes and tunes will be posted at the Club, and, if permitted, in town. g. The shuttle will be on call as well as having a set route. h. There will be no charge for the service. 2. Most guests today arrive by hotel shuttles. The Aspen Club will continue to work with our hotel partners to make the Aspen Club shuttle services known and minimize shuttle trips to the Club while maximizing shuttle utilization. Owners and Guests 1. Aspen Club Shuttle service to and from the Airport will be provided for owners and guests. a. Information on this service will be provided in reservation materials and recommended to all incoming owners and guests. Also included will be information on all alternative transportation programs provided in Aspen. b. Service will be at the airport at the scheduled arrival time. A phone request for service will not be required, but a cell -phone contact will be provided in case of schedule changes. c. Low -emission vehicles will be used. d. There will be no charge for this service. 2. The sales and reservations program will emphasize the overall philosophy of the project and our alternative transportation beliefs. 3. Electric vehicle will be available, on -site, for owners and guests staying at the Club. 191 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 96 OF 127, Janice K. Vos Caudill, Pitkin County, CO a. We ►will start with two or three electric cars available at the Aspen Club. Depending on the utilization . nd popularity of this opportunity we may purchase additional cars. b. Owners and guests will have access to the car program on a simple first come first served basis. c. The vehicles will remain on -site overnight. d. Electronic ID cards or other monitoring methods will be utilized to track usage of the vehicles. 4. Shared bicycles for owners and guests to ride to town will be available at the Club. a. Initiatly, up to ten bicycles will be available. This will be increased if justified by demand. b. A check out / check in system such as using electronic ID card will be implemented for use. 5. Arrangements will be made with a local car rental company for discounted car rentals. a. The Club will arrange for discounted car rentals for our owners and guests who want to take longer trips while they are in town. b. Owners and guests on -site will be able to use these vehicles to take trips outside of Aspen. c. Trips will be charged at negotiate discounted car rental rates. Phasing The above represents a comprehensive set of Traffic Demand Management tools. There are additional tools we can add to our Demand Management planning on an as needed basis depending on the results we are seeing in our Monitoring program below. Additional Traffic Demand Management tools might include: Additional Shuttle Service More aggressive internal advertising for Club's Transportation Options [letter rewards program for employees and members who take alternative transportation to the Club 7 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 97 OF 127, Janice K. Vos Caudill, Pitkin County, CO Additional Restrictions on Employees Driving to the Club Additional Restrictions on car ownership for residents in Club Affordable Housing. Paid Parking at the Club Monitoring Program The effectiveness of the program will be measured in several ways: 1. Vehicle counts have been performed at Ute Avenue and at the Club and will continue twice a year during March and August starting for five years after the project is completed. 2. Survey of above target groups to ensure their knowledge of the programs. 3. Results will be summarized in Memorandum form complete with tabulations and charts so that year-to-year trends are readily apparent. 4. A Year in Review TDM technical report will be prepared by Club management. The report will identify overall conformity with trip reduction goals and suggest improvements that could achieve better compliance and intended success. This report will be shared with the City staff each year so that together we can address issues before a formal review. 5. If additional phases of traffic management tools are needed, we will phase them in over time. G. Two years after completion of project, results will be submitted and reviewed by city staff. Should staff see the need for program improvements, City Council will be consulted. Another review will occur five years after completion of the project. 7. If all else fails, we will implement a shame and beratement program in which we will taunt and throw rotten eggs at drivers on Ute Avenue. Envisioned Ute Avenue Safety Plan One of the main issues today for the Aspen Club and its neighbors is safety along Ute Avenue. With a few improvements, Ute Avenue today could be made into a much safer street. We would propose: 8 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 98 OF 127, Janice K. Vos Caudill, Pitkin County, CO I. SPEED HUMPS with CROSSWALKS - Three of these are shown on the schematic below: one at Aspen Alps, one at the Gant tennis courts and one at the Ute Trail. Their characteristics include: a. Smooth transition to and from a flat crosswalk about 3 inches above the existing pavement surface b. Designed to encourage speeds not exceeding 25 mph e. Pavement markings and advance signs in accordance with the Manual on Uniform Traffic Control Devices (MUTCD)_ Please see the example attached. d. We may have to work out some special design details when terminating at a curb on the north side of Ute Avenue, to meet the requirements of the City of Aspen. This will affect the two most westerly speed humps, 2. SPEED HUMP without CROSSWALK - One is shown in the vicinity of the Cemetery. Its characteristics include: a. Smooth transition to and from a height about 3 inches above the existing pavement surface, uvith no flat crosswalk b. Designed to encourage speeds not exceeding 25 mph. c. Pavement markings and advance signs in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). 3. SPEED HUMP SUMMARY - Together this layout provides a speed hump about every 450 feet, with a bit longer spacing between the Gant tennis courts and the cemetery. 4. NEW SIDEWALK - The Aspen Club will install a new sidewalk to the south side of the Aspen Club. It is our understanding that the City is exploring the feasibility of putting a sidewalk on the south side of the Benedict Building that would connect to the Aspen Club Trail and to the Aspen Club. j 9 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 99 OF 127, Janice K. Vos Caudill, Pitkin County, CO Ch 4 n 4 V n Vnoo eluuel W W H S � u o N �u I m �u � + sdlV A uedcy / W g� vi c W H a � a sZc n o a s L) o Z 11 b M� Q N O M m vo. M U N 6PIB I3!pDU21) + Y x � ,+- w $ C 1--� I X,I 1 LS a I i z �u x" — c � H e 0 e � ! v ^ W a E v c — e e Z RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 100 OF 127, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT I - . TDA Transportation COLORADO 0-0 M, INC. October 29, 2008 Michael Fox Aspen Club International 1450 Crystal Lake Road Aspen, CO 81611 Dear Michael, As agreed, we have summarized high summer season traffic count data that was collected over three consecutive days in August in the vicinity of the Aspen Club and Spa. This data, along with prior traffic counts from this past March during the Spring Break period and in August 2004, will help establish benchmarks for monitoring actual traffic changes associated with your planned addition of 32 dwelling units at the Club property. We have also estimated what level of Club traffic currently passes through the four key intersections that will be "gauging stations" for monitoring future changes associated with the Club development plan. " Key findings from the combined data collection efforts as further described below are: • Weekday traffic volume on Ute Avenue is about 70% higher than the weekend day average with Tuesday and Thursday being slightly higher than the other three weekdays. • Summer day 24-hour weekday traffic volumes on Ute Avenue are about 50% higher than the corresponding winter weekday volumes. • Club and Spa daily traffic volume is slightly higher on Friday, as compared to mid week or weekend days. Hourly traffic activity at the Club is highest and fairly uniform between 10AM and 1PM, and again between 3PM and 6PM for weekday and weekend. • As a "design day" for assessing future development traffic, a Thursday during August would represent a typical high traffic activity day for the surrounding neighborhood, when Club traffic is near its daily peak volume. The 3:00 to 4:00 PM hour is the combined peak traffic hour for Ute Avenue and Club & Spa trips. During this hour, Club trips comprised about 29% of the 200 vehicles on Ute Avenue east of Original. During the nine -hour daytime video count, for all arrivals to the Club, approximately 81% are via auto, 10% via bicycle and 9% as pedestrians. Approximately 80% of arrivals are via Ute Avenue entrance with 20% crossing the footbridge from Crystal Lake Road. On a 24-hour basis, Club traffic using Ute Ave is about the same level as the volume attributed to Ute Place residences and the other abutting uses located between Ute Place and Original Street. 900ELouisiano Ave. Sole 100•Denver. Colorodo 80210.30138W101 •FAX303W-W108• TDA01docclosado.com RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 101 OF 127, Janice K. Vos Caudill, Pitkin County, CO Aspen Club fr Spa Traffic Count October 29, 2008 Page 2 • Just a few Club members/workers currently use the Crosstown bus route that runs along Ute Avenue. • At the busiest intersection in the vicinity — Original Street/Cooper Avenue -- Club & Spa trips represents about 8% of summer day total traffic in the AM peak hour and 5% in the higher overall volume PM peak hour. INTRODUCTION To augment and further identify peak traffic conditions in the vicinity of the Aspen Club & Spa, recent summer traffic counts were collected to compare with winter counts at nearby locations. Count locations and time periods were selected in concert with City engineering staff. By design, counts performed at the same locations during the same calendar week in future years will help identify changes associated with Aspen Club and Spa development traffic. Specifically, future counts will help document the degree of success in implementing the wide ranging Transportation Demand Management Plan that is being designed for your planned mixed -use expansion program. This report summarizes the new August 2008 summer counts and compares with available March 2008 winter counts, as well as the earlier August 2004 summer traffic counts performed at two intersections along South Original Street and the access drive to the Aspen Club & Spa. The March 2008 counts were collected during the high winter season of Spring Break while the August 2008 counts reflect high summer season conditions. Data were collected by the firm All Traffic Data Services. DATA COLLECTION 24-Hour Volume In March 2008, Ute Avenue east of Original was counted for seven consecutive days. All vehicles passing each location were recorded separately for each travel direction. This week- long count identified daily variations in Ute Avenue traffic volumes throughout a Spring Break week. Exhibit A illustrates the total and directional daily volumes for the full week. As is common in mountain resort towns, weekday volumes are higher than those on weekends. During the count week Tuesday and Thursday each exceed 1,500 vehicles per day. The average weeks total daily Exhibit A I j Total Daily Traffic by DlrecUon on tits Av■nue south of Orlalnal Streol 1.4�c1� 20DE t 1,Epd 91 SoutlAmnd 1,4W L 1 Mhbound y 1.000D RX Sw 31Z4 I risrda 312&W i W?rca ite oe I sraoe arloroa Llon T. wed t rh. FA SW Sun TDA Colorado RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 102 OF 127, Janice K. Vos Caudill, Pitkin County, CO Aspen Club & Spa Traffic Count — October 29, 2008 Pa e 3 volume of 1,300 is about 70% higher than the %veekeendd average of 800 vehicles per day. For comparison, CDOT data shows that SH 82, as it follows along Cooper Avenue, just southeast of Original St., carried 6,900 annual average daily vehicles in 2007. The August 2008 count was conducted in collaboration with City public works staff. Three days of continuous traffic volume data were collected at six locations. 24•hour count data were collected from midnight Thursday, 8/21 through midnight Saturday, 8/23. The six 24- hour count locations are listed here and identified in Figure 1: 1. on Ute Avenue east of Original Street 2. on Original Street south of Ute Avenue 3. on Aspen Club & Spa entrance north of Ute Avenue 4. on Ute Avenue east of Ute Place 5. on Crystal Lake Road west of SH 82 6. on Crystal Lake Road west of the X intersection Locations #1, 0, and #4 lie along Ute Avenue, the main road serving the Aspen Club & Spa. Locations #5 and #6 serve a parking area along the north side of the Roaring Fork River which connects to the Aspen Club & Spa via a footbridge over the river. Location #2 lies on an alternate route for vehicles heading out of town. _ Intersection Peak Hour Volumes Turning movement counts were recorded on Thursday, Friday, and Saturday, August 21-23, 2008, at four intersections along the usual travel path for vehicles accessing the Aspen Club & Spa. Two-hour counts were performed from 7:00 to 9:00 AM and 4:00 to 6:00 PM to determine the peak 60 minutes of traffic flow during the usual morning and evening peak periods. The four turning movement count locations, also identified on Figure 1, are: 7. Cooper Avenue at Original Street 8. Durant Avenue at Original Street 9. Cooper Avenue at West End 10. Durant Avenue at Spring Street Data were also collected at Locations #7 & #8 above during a Friday, Saturday, and Sunday in March, 2008 and a Wednesday & Thursday in August, 2004. Aspen Club Entrance Volume Video recordings collected count data at the Ute Ave. entrance to the Aspen Club & Spa on Friday, August 22°d for nine hours from 10:00 AM to 7:00 PM. This provides detailed information on turning movements made by vehicles, bikes and pedestrians into and out of the Aspen Club at both the main lot and side lot entrances. In addition, bus patronage was noted, counting riders on and off each bus arriving on the half hour. Secondary access to the Club is provided on the north side, via a pedestrian bridge over the Roaring Fork River. This bridge and trail connects to a designated Club parking lot along Crystal Lake Road, north of the river. A nine hour video count on Friday, August 22"d, from 10:00AM to 7:OOPM, recorded pedestrian activity there as well. TDA Colorado RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 103 OF 127, Janice K. Vos Caudill, Pitkin County, CO 5' 1 , U LL d O Clevela O d St 41 _j a z g West E d Q J0 c J�04 Original st o t Hunter Galena d Q. O t V • a > Mill St ............. C C Q x a C o E x a x C m 41 ° O c O C _� U O E U m Y U m c m c o cco E L �y H N It wV I Ela Y�jO RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 104 OF 127, Janice K. Vos Caudill, Pitkin County, CO October 29, 2008 Asper Club & Spa Traffic Count oaee S DAILY VOLUME COMPARISONS A summary of the 24-hour summer count data along Ute Avenue, shown in Figure 2, affirms the common trend in resort towns that weekday volumes are higher than on weekends. Figure 2 illustrates daily volumes, for the three days of the count, at three of the count locations. Volume on Ute Place is calculated using data from Locations #1 & N4. During the count, Thursday represents the peak with nearly 2,200 vehicles per day on Ute Avenue just east of Original Street. Friday volume on Ute Avenue is almost 90% of the peak Thursday volume, while Saturday volume is just 60% of the Thursday peak. Similar percentages are shown on Ute Avenue just east of Ute Place. Also noted here, while weekday daily vehicle volume to and from the Aspen Club is fairly consistent, Friday was marginally higher than Thursday, unlike traffic on the adjacent streets. Figure 2 Voltime Profile August 2008 D. ,y Volume Comparison along Ute Ave &at Aspen Club Main Lot Entrance Originalst 14"Mh V1,500 676 19 �� . %\�:tiThurs Fri Sat TDA Colorado RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 105 OF 127, Janice K. Vos Caudill, Pitkin County, CO Aspen Club & Spa Traffic Count October 29, 2008 Page 6 Crystal Lake Road provides an alternate access to the Aspen Club & Spa site via SH 82, Vehicles can park at a designated Club parking lot along this road and walk across a footbridge over the Roaring Fork .River to the Club entrance. As shown in Figure 3, nearly 60% of the volume on this road is headed toward the parking area serving the Aspen Club. The remainder accesses residential areas along Crystal Lake Road. Again, Thursday volumes are highest with Friday at about 97% and Saturday at 60% near the highway and 40% closer to the river. Figure 3 Crystal Lake Road Total Daily Volumes 422 August2008 91 Thurs _ 410 400 0 Fri T. r m 3W v 239 248 245CL y i m m 200--.- I_— r > 100 0 rrrr �r r Daily Vokimes on Crystal Lake Road south of SH82 Lot Entrance I Seasonal variations in traffic are depicted in Figure 4, comparing total daily volumes on Ute Avenue east of Original Avenue during the winter season in March and high summer season in August 2008. As shown, summer Thursday volumes are again higher than Friday or Saturday, with the Friday and Saturday proportions nearly the same in winter and summer. As is also common in mountain resort towns, summer volumes are again shown to be higher than winter volumes. The August Thursday total is 50% higher than during a Spring Break week in March, with similar percentage comparisons for Fridays and Saturdays. Figure 4 Ute Avenue Total Daily Volumes I] ThurS M arch vs. August 200t3 2,172 0 Fri 2.000 -. is3z - Sat 1,452 Y ; 1,235 >; 1,27T 1,000 872 :r,ir � S� - r"rl ■.fir t 0 A 1 r:r 5 �x[t•F_ $00 y I M Y r. r r 1+I1I 1} r- i�Yrr_� rrr:r • r.YY r i {�.. � � �. e M.r ♦. Y' M-r�rr ,��** �itr,'r. on Uta Aver m east of Original Street March August HghOntersexon Nghsvnrerseazon MA Colorado RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 106 OF 127, Janice K. Vos Caudill, Pitkin County, CO Aspen Club & Spa Traffic Count October 29, 2008 Pace 7 Hourly volume entering the Aspen Club & Spa varies throughout the day. Figure 5 illustrates hourly total volume accessing the Club from Ute Ave, showing variations for Thursday, Friday and Saturday. Friday late morning exhibits the highest hour with a total of 67 vehicles in and out during the 9:00 to 10:00 AM period. Also shown are the peaking characteristics and how they vary by day of week. Each day has a mid -morning peak period from about 10 AM -Noon and a late afternoon peak from about 4-6 PM. Saturday afternoon volume drops off starts earlier than the weekday 6 PM drop off. Figure 5 Total Volumes at Aspen Club Main Entrance n/o Ute Avenue August2008 70 -- Thurs 60 ----- -- n L3 50 _..� —Sat - — -- - - ;� I d 40 ----1 -- --- - --. _ I�30 - -- -- _ 0 20 - - - — - = 10-- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Hour Ending INTERSECTION PEAK HOUR VOLUMES Figure 6 displays the Thursday AM and PM peak hour volumes for each turning movement at ` the four intersections counted. Total Thursday volumes are also shown at each of the six 24- hour locations. Turning movement counts are summarized every 15 minutes. The peak volume is defined as the highest total of four consecutive 15-minute volumes. The AM peak hour usually occurs between 7 and 9AM, while the PM peak hour occurs between 3:30 to 6:30PM. The highest turning volumes occur during the PM peak hour at the Original/Cooper intersection with 130 southbound left turns and 187 eastbound right turns. Both of these movements are links in the State Highway 82 designated route through the city. CLUB & SPA TOTAL DAILY TRAFFIC VOLUME As depicted in Figure 6, combining 610 daily Club vehicles on Ute Avenue with the 250 vehicles using Crystal Lake Road suggests a total of 860 vehicle trips attributed to the Club & Spa on a typical summer weekday. iDA Colorado RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 107 OF 127, Janice K. Vos Caudill, Pitkin County, CO A .�N 40/ • 1 .� m ` ?, / N-(O v (1G 4) ' 2 (3) 7 (18) 5 O5 6 (16)0 a -� �- fC,s--- i � a Ni 6j0 / • ONO Q . V Cleveland St d h Q j d a J " U 2 � 7 Gf y West Enc St CD Original Stp ry o d `0 E N 12 p c a, = acm 09 a Spring St = ii d aCdQ .0 60 (130) 10 (24) C(65�) 12 (48) 2 L 0 (7) 56 (107) - 4-65 (133 . 50 (69) 57 (94) 29 (51) -� {- 5 (22) 21 (36) 21 (32) co n I I Ln4 C m ) 1 N R Lf) 0 vvi V Ql O 0 0 -0 a 0 0 U ill RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 108 OF 127, Janice K. Vos Caudill, Pitkin County, CO Aspen Club & Spa Traffic Count October 19, 2008 Pape 9 VOLUME COMPARISON FROM PREVIOUS COUNTS Data was also collected at two of the four intersections shown in Figure 6. These earlier counts were during a Friday, Saturday, and Sunday in March, 2008 and midweek in August, 2004. The data show that at the Cooper and Durant intersections with Original Street, winter weekday AM peak hour volumes are slightly higher than for summer weekday AM, but the reverse is true in the PM, where summer weekday PM peak hour volumes are higher than in winter. Specifically, data show that at the Cooper/Original intersection, the AM peak hour weekday August 2008 volumes are 14% lower than the August 2004 counts and 4% lower than the weekday March 2008 counts. However, the August 2008 PM peak hour volumes at the same location are only 4% lower those in August 2004, yet 22% higher than in March 2008. Figure 7 displays this data, showing that weekday PM peak hour volumes represent the highest hourly volumes, regardless of the season. Figure 7 Comparison of Peak Hour Total Volumes i': Summer2004 I at Cooper & Original Winter 2008 11000 968 929 - Summer2008 -1 _ L 500 =: 515 437 505 itS -- 4" 284 77.1 { 250 0 Weekday Weekend AM PM AM PM At the Durant/Original intersection, the available Thursday, Friday & Saturday data show that summer and winter peak hour volumes have less variation, as shown in Figure 8. However, weekday PM peak hour volumes are again the highest. As stated earlier, total daily volumes are higher in the summer than in winter. This indicates that a greater portion of total daily trips are occurring outside of the peak hours during the summer than in winter due to longer days and usually better roadway conditions. Figure 8 Comparison of Peak Hour Total Volumes at Durant & Original 1,000 750 500 250 Summer 2004 in er Summer 2008 Weekday Weekend AM PM AM PM TDA Colorado RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 109 OF 127, Janice K. Vos Caudill, Pitkin County, CO Occober 29, 2008 CLUB & SPA TRAVEL MODES Aspen Club & Spa Traffic Count Pare 10 Vehicle Trips by Hour of Day As shown in Figure 9, Aspen Club trips tend to build gradually in the morning starting at 8 AM and to reach a plateau of about 55 vehicles per hour by 11 AM that lasts through 1 PM, picking back up to this level between 3 PM and 5 PM before tapering off steadily into the evening hours. During the busy part of the average day, from 8 AM to 7 PM, Club & Spa traffic varies from 21% to 34% of total traffic on Ute Avenue at the Original Street intersection. As shown in Figure 9, the hours with higher proportional share of total traffic attributed to the Aspen Club are 10 to 11 A_'M, when Club trips peak and 4 to 5 PM, when Ute volume begins to taper off. Figure 9 Hourly portion of Aspen Club Trips o Total on Ute e/o Original on Lite Avenue elo Orignal Street t ®Aspen Club entrance vots 200 i 160 i � } k too b0 o b r c R r r s Four Ending Peak Hour Volumes At the Aspen Club entrance, the AM and PM peak hour volumes used in analyzing traffic impacts at intersections in town occurred on Friday from 8:00-9:OOAM and from 3:30- 4:30PM. The AM peak hour Club volume of 54 trips had 40 in and 14 out, while the PM peak hour volume of 67 trips had 36 in and 31 out via the Ute Avenue entrances. Alternate Modes of Arrival Pedestrian Volumes There are residences in the surrounding neighborhood and some Club members do walk to the facility. From LOAM to 7PM on Friday, the daytime video count shows a total of 18 pedestrians into and 16 out the Club via the Ute entrance, contributing 6% of the combined vehicle, pedestrian and bike access there during those nine hours. A secondary access to Aspen Club & Spa is via a footbridge over the Roaring Fork River, serving the parking area along Crystal Lake Road north of the river. A video count of pedestrian and bicycle activity here on Friday, 8/22/08 from 10:00AM to 7:OOPM shows a total of 154 pedestrians and 19 bicycles using the footbridge to access the Club. Of the pedestrians, it is assumed that approximately 80% are walking to/from their vehicles parked along Crystal Lake Road, with 20% either passengers in cars or walking in from the neighborhood. Therefore, total pedestrian access to the Club via both entrances is approximately 65 trips during the nine -hour count, representing 9% of total arrivals. TDA Colorcido RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 110 OF 127, Janice K. Vos Caudill, Pitkin County, CO October 29, 2008 Aspen Club & Spa Traffic Count Page 11 Bicycle Volumes During the nine -hour daytime video count, bicycle access to the Club along Ute Avenue totaled 24 trips in and 34 out, while bicycle access via the footbridge was 6 in and 13 out. A total of 77 bicycle trips contributed about 11% of the combined vehicle, pedestrian and bike access to the Club during those nine hours. Bits Volumes RFTA provides regularly scheduled Cross Town Route bus service to the Ute Avenue neighborhood near the Club. Video count of the Club entrance along Ute Avenue on Friday, 8/22/08 from 10:00AM to 7:OOPM shows bus arrivals and departures with passenger loading and unloading. The bus is scheduled to arrive every 30 minutes on the hour and half hour. During the nine -hour count, bus riders totaled 17 boarding and 10 alighting at the Aspen Club entrance on Ute Ave. However, not all of those transit riders were oriented to/from the Aspen Club. The peak hour of bus usage at this location was Noon-1PM when 3 passengers got on and i got off the bus. Transit currently is used by just a few Aspen Club members/employees. MA Colorado RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 111 OF 127, Janice K. Vos Caudill, Pitkin County, CO October 29, 2008 Aspen Club & Spa Traffic Count Pape 12 CLUB & SPA VEHICLE TRIPS THRU KEY INTERSECTIONS Vehicle trips to and from the Club distribute to and through town via several routes. Using existing trip distribution patterns noted at each of the four key intersections counted, Figure 9 depicts the expected distribution of Aspen Club trips to the roadway network. Current patterns show that all Club vehicle trips using the south entrance enter/exit via the west and continue to/from the north via Original Street. Overall, entering trips currently arrive approximately 40% from the north via SH82, 18% from the east via SH82, and 42% from the west through other streets in Town. Exiting trips currently depart approximately 55% to the north via SH 82, 17% to the east via SH 82, and 33% to the west through Town. Table 1 presents the total morning and evening peak hour traffic volume through each of the four intersections counted. The existing Aspen Club vehicle trips contribute 11% of the AM peak hour volumes through the intersection of Durant Ave & Original Street. The PM hourly share is 9%. As Club trips distribute throughout the roadway network, the percentage of total traffic attributed to the Club is reduced. The future expanded Aspen Club & Spa is estimated to yield a total of 70 AM and 88 PM peak hour vehicle trips via Ute Avenue assuming no reductions applied for Club -sponsored travel demand management (TDM) measures that are currently under consideration. In the morning peak hour, these could be 50 trips heading to the Club and 20 departing. In the evening peak hour there could be 46 inbound and 42 out bound Club trips. Using the distribution patterns shown in Figure 10, the forecasted project trips are added to existing peak hour intersection volumes. The percentage of traffic attributed to the Club increases at the Durant/Original intersection only slightly from today's 16% to a future 17% in the AM and from existing 14% to future 16% in the PM peak hours. At the high volume Original/Cooper intersection (State Highway 82) the Club portion increases slightly from 8% today to 9% in the future during the AM and from 4% to 6% in the higher volume PM peak hour. Table 1 Estimated Aspen Club Portion of Peak Hour Vehicle Trips Through Four Key Intersections Summer Weekday August 2008 Future (W Club Project) Trips Analysis Intersection Total Ihru intersection Aspen Club Trips % Trips Aspen Club Aspen Club Trips 4 Total thru intersection % Aspen Club Trips AM r PM AM I PM AM I PM AM PM AM PM AM PM Cooper Avenue @ Original Street 437 929 35 45 8% 5% 45 59 482 988 9% 6% Cooper Avenue @ West End 293 564 10 12 3% 2% 12 15 3115 579 4% 3% Durant Avenue @ Original Street 336 476 54 67 16% 14% 70 88 408 564 17% 16% Durant Avenue all Spring Street 273 370 16 19 6% 5% 20 24 293 394 7% 6% 1. from August 2008 turning movement counts 2. from August 2008 tube counts at Club entrance 3, from August 2008 video counts at Club entrance 4. existing with added residential trips using standard ITE Trip Generation rates, no TOM mitigation MA Colorado RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 112 OF 127, Janice K. Vos Caudill, Pitkin County, CO k h T 1 N u O r of 4x` l Zj •�. co Oi ' OtL i t �� I Z N � O z Ia Cleveland St Q C12 Q J o m Ako i :R West End St -' Original St o .O O Spring St o� o oo o I _ O y %c U) %09 Hunter St v ooG, .o co %0D r °ras \I N r a L-X-` n >' F� RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 113 OF 127, Janice K. Vos Caudill, Pitkin County, CO October 29, 2008 FINDINGS Aspen Club & Spa Traffic Count Pare 14 As in similar mountain towns, peak vehicle volumes in Aspen are higher during the summer months than in winter. Weekday volumes are generally higher than during a weekend. Therefore, a design day for Aspen Club & Spa residential development traffic monitoring should be a late -August mid -week day. Mid morning and late afternoon volumes at the Club entrance in the August 2008 count were comparable to the August 2004 peak hour volumes. We expect the daily volume is now higher than it was in 2004 given the increase in Club membership and services offered during the intervening years. The August 2008 video traffic counts for the nine -hour period from 10M to 7PM show that for all arrivals to the Club, approximately 81% are via auto, 10% via bicycle and 9% as pedestrians. Approximately 80% of arrivals are via Ute Avenue with 20% crossing the Roaring Fork footbridge from Crystal Lake Road. Club and Spa trips currently represent about 5% of total traffic passing through the Cooper/Original (State Highway 82) intersection in the summer weekday PM peak hour. The Club contributes about 8% in the AM, when total volumes through the intersection are less than half of that experienced during the evening peak hour. With the addition of 32 residential units at the Club, coupled with continuing membership growth, we estimate that Club traffic could increase marginally to 6% of the future PM and 9% of the future AM peak hour totals. These impacts could be even less once the effects of the Club's on -going plans for a TDM program are factored into future trip generation. To assist in identifying actual post -development traffic changes, we recommend repeating late - August mid -week vehicle count at the same locations as the August 2008 counts. As such, we can compare specific turning movements from year to year to detect the magnitude of change by specific traffic routes. Please contact us if you have questions or comments on this data compilation and presentation. Prepared under the direction of Sincerely, 00 R��j TDA Colorado Inc. off;.• p �l 2247- r Audrey Girard • V v, lip'A91 Senior Associate 'btvat David D. Leahy, P.E. Principal TDA Colorado RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 114 OF 127, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT J SNOW AVALANCHE HAZARD ANALYSIS AND DEFENSE RECOMMENDATIONS ASPEN CLUB LIVING ASPEN, COLORADO Prepared For Mr. Sunny Vann Vann Associates Prepared By Arthur 1. Mears, P.E., Inc. Gunnison, Colorado December, 2008 RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 115 OF 127, Janice K. Vos Caudill, Pitkin County, CO 1 STUDY OBJECTIVES AND LIMITATIONS As outlined in my proposal of November 15, 2008, this report has the following objectives: 1. Field evaluation of terrain (accomplished on earlier site visits to the area and on November 11, 2008); 2. Computation of design (100-year) avalanche dynamics (runout distance, velocity, energy, flow height) through application of an appropriate avalanche -dynamics simulation model; 3. Computation of avalanche forces on the proposed units, if these units are reached by the design avalanche; 4. Recommendation of performance standards (strength, size) of protective structures or wall reinforcement, if this is required; 5. Preparation of a report to satisfy Aspen standards for development in hazard areas and to ensure safety of people. This report also has the following limitations which must be understood by all those relying on the conclusions and recommendations: Site -specific limitations The analysis, conclusions and recommendations apply exclusively to the Aspen -- Club site and proposed development. Any significant changes to the development plans we reviewed ("Option D," Figure 3 of this report) may Invalidate the conclusions; Avalanches larger but less likely than the design -magnitude 100-year' avalanche are possible and may exceed the limits and energies of the 100-year design avalanche assumed In this analysis; We also assumed current forest conditions in the avalanche path; removal of some or all of the forest may increase the size, runout distance and energy of the design avalanche. General limitations You as my client should know that while our company can and does attempt to uphold high professional standards, the state of scientific and engineering knowledge is incomplete, and does not always permit certainty. The complex phenomena Involved in avalanches cannot be perfectly evaluated and predicted, and methods used to predict avalanche behavior change as new research ' The design avalanche in the Pitkin County/Aspen area has a return period of 100 years (a constant i% annual probability). This conforms with risk tolerance in this area. A.I. Mears, P.E., Inc. Aspen Club Living Avalanche Hazard & Mitigation RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 116 OF 127, Janice K. Vos Caudill, Pitkin County, CO becomes available. While we can and will offer our best professional judgment, we cannot and do not offer any warranty or guarantee of results. 2. LOCATION AND AVALANCHE TERRAIN The proposed Aspen Club Living consists of 14 free-market and 4 deed - restricted units immediately southeast of downtown Aspen (Figure 1). The current Aspen Club and proposed development (Figure 2) is located at the base \ t ` 3 rp Figure 1. Overview map showing development site & avalanche path affecting It. Additional avalanche terrain exists In area but Is not shown. See Figure 3 for topographic detail and avalanche red and blue zones. A.I. Mears, P.E., Inc. 2 Aspen Club Living Avalanche Hazard & Mitigation RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 117 OF 127, Janice K. Vos Caudill, Pitkin County, CO of a steep densely -forested slope. This reaches 9,000 to 9,400 feet, - approximately 1,000 to 1,400 feet above the Aspen Club. Unforested and/or sparsely -forested areas in excess of 300 steepness are locations where snow avalanches can begin. Tree damage on the slope indicates that avalanches have occurred in the past decades. The current (August 26, 2008) development plans for the living units are shown on Figure 2. „?. on Y' • i ,. �J/ i• f � f Ayamu lF'in. Rp.�&A Si* Flan (.. D Aspen a Lb Live CS Figure 2. Development plans and deed -restricted units exposed to minor avalanche Impact forces during extreme, deslgn-magnitude avalanche. Exposed building surfaces that can be reached are highlighted in red. Avalanche mitigation details are discussed In Section 4 and sketched in Figure 4. 3. DESIGN AVALANCHE CHARACTERISTICS Design avalanche boundaries and runout are shown on Figure 3. This detailed topographic map was provided by the Pitkin County/Aspen GIS department. The 100-year event starts in steep, relatively unforested terrain generally between — 8,650 and 8,950 feet elevation. The major avalanche -producing storms will usually be accompanied by southwest through northwest winds. They may deposit a snow slab 3 to 4 feet thick in the steep upper terrain during major storms. When the design avalanche releases it will flow down abroad gully, spread Into the runout zone and cross the cul-de-sac south of the Aspen Club. The design avalanche can reach this building and two of the proposed units AHU 1 & AHU 4 (Figure 2). A.I. Mears, P.E., Inc. 3 Aspen Club Living Avalanche Hazard & Mitigation RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 118 OF 127, Janice K. Vos Caudill, Pitkin County, CO subdivlded Into red and blue zones. Addltlonal avalanche areas do not affect the proposed development and have not been mapped. The design -avalanche boundaries have been subdivided into red and blue zones of hazard intensity. Definitions of these zones used in Pitkin Countyaare as follows: Red Zone — Within the red zone avalanches have return periods of 30 years or less (3% annual probabilities) or produce Impact pressures of 600 Ibs/ft2 or more on flat surfaces normal to the flow direction. Residential or commercial development is generally not allowed in the red zone because of high forces. Furthermore, the more frequent avalanches in the red zone may expose people outside of buildings to an unacceptably high risk. Blue Zone — With the blue zone avalanches have return periods of 30 to 100 years (1% to 3% annual probabilities) and also produce Impact pressures of less than 600 Ibs1ft2. Building is sometimes permitted in the blue zone if site -specific design and structural protection is used. The risk to persons outside buildings is generally considered _ acceptable because of reduced avalanche frequency and the small exposure time. ' 2 We understand the City of Aspen does not have similar avalanche -hazard zones defined. The Pitkin County zones are used here for reference. A.I. Mears, P.E., Inc. 4 Aspen Club Living Avalanche Hazard & Mitigation RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 119 OF 127, Janice K. Vos Caudill, Pitkin County, CO The design avalanche characteristics were determined through the following two- step procedure: • First the runout distance (stopping position) of the avalanche was determined by comparison with paths of similar size and terrain in this area; runout was also predicted using statistical analysis of a regional database of long -return -period avalanches; Second, to develop the design parameters, the dynamics of the design avalanche was modeled by applying a Swiss avalanche - simulation computer model and requiring this model to stop at the runout position referred to above. Application of these two steps enabled the avalanche design parameters (required strength and size) of the defense structures to be specified. Because units AHU 1 and AHU 4 of the proposed of the Aspen Club living development are located within the outer margin of the avalanche blue zone, we recommend building reinforcement. At this location far into the runout zone, the avalanche will have nearly stopped, having dissipated most of Its energy on the nearly flat terrain above the development. The majority of the avalanche debris will also have been deposited on the flat terrain above the Aspen Club. Because avalanche velocities and energies will have been largely dissipated at the building locations, avalanche mitigation is feasible. We feel mitigation (Section 4) can easily be incorporated into building plans. 4 MITIGATION DESIGN CRITERIA Units AHU 1 and AHU 4 are best protected by reinforcement of the lower portion of walls, doors and windows exposed on the side toward the avalanche. The strength and recommended size of this reinforcement Is shown on Figure 4. We assumed a modest avalanche impact velocity at the building walls of 5m/sec (16 ft/sec) and flow height of 0.84m (2.8 ft). These parameters were determined from avalanche -dynamics modeling fit to the terrain. Figure 4 shows the height of a suggested reinforced surface on the lower uphill facing sides of units AHU 1 and AHU 4. The shape of the pressure surface is 'trapezoidal." The design force is a uniform 80 Ibs1ft2 over the lower 6 feet and decreases to zero at a height of 8 feet. Any doors and/or windows within this part of the wall should also be design to withstand the pressures. A.i. Mears, P.E., Inc. 5 _ Aspen Club Living Avalanche Hazard & Mitigation RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 120 OF 127, Janice K. Vos Caudill, Pitkin County, CO 1PM=in.g! Figure 4. Schematic showing heights of uphill surface of units AHU 1 & AHU 4 reinforced for avalanche loads. The uniform load of 80 Ibslft' Is approxlmately 3 to 4 times the standard horizontal wind load usually assumed In design. However the Increased load will act only over the lower8 feet. Exposed windows and doors should be reinforced. A free standing wall designed to resist avalanche impact and located on the lower side of the cul-de-sac uphill above the buildings was also considered. This - option was rejected because a) the wall would need to be at least 10 feet high and be designed to resist larger forces then those specified In Figure 4, b) access to the buildings through the wall would leave a gap exposed to the design avalanche, and c) a free-standing wall would require a large foundation to resist overturning. - We reiterate that the design avalanche that can reach the units Is a rare event likely to occur only one time in 100 years, on the average. The area is located near the outer limit of the avalanche runout zone. Because of the long return period (small probability) of an avalanche at this location, the exposure of people outside the buildings is small. 5 DISCLAIMER You as my client should know that while our company can and does attempt to uphold high professional standards, the state of scientific and engineering A.I. Mears, P.E., Inc. 6 Aspen Club Living Avalanche Hazard & Mitigation RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 121 OF 127, Janice K. Vos Caudill, Pitkin County, CO knowledge is incomplete, and does not always permit certainty. The complex phenomena involved in avalanches cannot be perfectly evaluated and predicted, and methods used to predict avalanche behavior change as new research becomes available. While we can and will offer our best professional judgment, we cannot and do not offer any warranty or guarantee of results. Report prepared by, ow" , �U oe Arthur i. Mears, P.E. Avalanche -control engineer A.I. Mears, P.E., Inc. 7 Aspen Club Living Avalanche Hazard & Mitigation RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 122 OF 127, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT K PUDISPA PLAN SET Aspen Club & Spa Subdivision/PUDISPA The following drawings are recorded contemporaneously with the attached Subdivi- sion/PUD/SPA Agreement. 1.0 Lower Level PUD / Spa Development Plan 2.0 Main Level PUD / Spa Development Plan 3.0 Upper Level PUD / Spa Development Plan Ll Landscape Plan Al PUD Site Setbacks A2 Lower Level Plan A3 Main Level Plan A4 Upper Level Plan A5 Upper Level AHU Plan A6 Roof Level Plan A7 Club Building Character A8 Townhouse Building Character A9 AHU Building Character A10 Club Materials All Exterior Elevator Character Cl Grading Plan C2 On -Site Drainage and Water Quality Basin Plan C3 Off -Site Drainage Basin Plan C4 Off -Site Drainage & R.O.W Improvements Plan C5 Master Utility Plan RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 123 OF 127, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT L DOCUMENT/PLAN/FEE SUBMISSION SCHEDULE Aspen Club & Spa Subdivision/PUD/SPA The following document/plattlfee requirements are addressed in detail in the referenced Sections of the Aspen Club & Spa Subdivision/PUD/SPA Agreement attached hereto. A. Required prior to Access and Infrastructure Permit application: 1. Pre -construction meeting with Community Development, Building and Engineering Departments; project architect; project engineer; and general contractor. Section 3.3 2. Tree removal permit for affected and impacted area. Section 3. l 1(b) 3. Detailed plan for protection of trees to remain following development in affected area. Section 3.11(c) 4. Detailed plan for protection of stream margin and hillside above Aspen Club Trail during construction. Section 3.11(c) 5. Construction management plan for work under permit application. Section 3.14 6. A means of egress plan, overall access plan and fire access plan for the work under the permit application. Section 3.15(e) 7. Payment of tree removal fee for affected and impacted area. Section 3.11(b) B. Required prior to "Club Building" building permit application: 1. Pre -construction meeting with Community Development, Building and Engineering Departments; project architect; and general contractor. Section 3.3 2. Submission of cost estimates to City Engineer for Ute A venue Improvements. Section 3.5 3. ACSD line extension request and collection system agreement. Section 3.7(c) 4. Further study and resolution of the height of retaining walls located along the eastern -most property line of Lot 15-A. Section 3.1 l(e) RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 124 OF 127, Janice K. Vos Caudill, Pitkin County, CO 5. Meeting with Community Development, Transportation, Engineering and Enviroiunental Health Departments to review the TDM plan. Section 3.16(b) 6. "Transportation Department approval of traffic counting system for the project. Section 3.16(c) C. Required at "Club Building "building perrnit application: 1. City Engineer approved cost estimates and construction schedule for all public improvements. Section 4.2 2. Detailed water and sewer plans. Sections 3.6(c) and 3.7(b) 3. Detailed drainage plan. Section 3.9 4. Detailed landscape plan including revegetation plan for the realigned sewer on property. Section 3.11 (a) 5. Detailed plan for the footpath that is relocated within the stream margin area. Section 3.15( k) 6. Detailed site lighting plan. Section 3.12 7. Construction management plan for work under permit application. Section 3.14 8. Copies of all project approval ordinances, resolutions slid development orders. Sections 3.15(a), (b) and (c) 9. A means of egress plan, overall access plan and fire access plan. Section 3 .15( e) 10. Transportation demand management plan. Section 3.15( f) 1 t . Parks Department approved cost estimate for landscape improvements. Section 4.4 12. Copy of Colorado Geologic Survey referral continents regarding geologic hazards. Section 3.15( m) 13. Letters from electric, telephone and cable companies addressing the feasibility of relocating their respective utilities out of the stream margin area. Section 3.110) RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 125 OF 127, Janice K. Vos Caudill, Pitkin County, CO D. Required prior to issuance of individual building permit for "Club Building", each "Townhouse Building" or "AHU Building": I . Building Department review and approval ofcnergy conservation mechanical components for the project as a whole. Section 3.4(c) 2. Payment of ACSD fees for permitted structure. Section 3.7(e) 3. Payment of the City's Stormwater System Development Fee for permitted structure. Section 3.9 4. Payment of School Land Dedication Fee (AHU units only). Section 3.19 5. Payment of Park Development Impact Fee for permitted structure. Section 3.20 6. Payment of Air Quality Impact Fee for permitted structure. Section 3.21 7. Satisfactory evidence that sufficient financing is in place to complete the project under the permitted structure. Section 4.4(a) 8. Site Enhancement Escrow Fund deposit under the permitted structure. Section 4.4(c) 9. Bond or letter of credit for public improvements. Section 4.4(d) 10. Site Protection Fund escrow deposit for the impacted area. Section 4.4(e) 11. Bond or letter of credit for Ute Trail improvements. Section 3.22 C. Required upon substantial completion of construction of the Project: 1. Submission of condominium map to Community Development, Section 3.26 2. Summary of club reinvestment expenditures to Community Development. Section 3.23(b) F. Required prior to issuance of Certificate of Occupancy for the last six Townhouse, Club Units or any combination thereof: 1. Certificate of Occupancy for the Affordable Housing Units. Section 3.1 (g)(V) 2. Recordation of deed restriction for affordable housing units. Section3.1 (g) (v) RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 126 OF 127, Janice K. Vos Caudill, Pitkin County, CO 3. Completion of the required improvements to Ute Avenue. Section 3.5 4. Installation of required traffic counting system. Section 3.16( c) G. Required prior to issuance of Certificate of Occupancy for Affordable Housing Units: 1. Submission of detailed information regarding management and maintenance of Affordable Housing units to APCHA. Section 3.1 (g)(vi) 2. Submission of draft deed restriction to APCHA. Section 3. I (g)(vi) H. Required prior to issuance of final Certificate of Occupancy for the Project: Demonstration to Building Department and Canary Initiative staff that energy conservation mechanical components have been installed. Section 3.4(e) 2. Completion of club reinvestment improvements. Section 3.23(a)(c) 3. Recordation of condominium map, declaration and timeshare disclosure statement. Section 3.26 ' 4. Completion of Ute Avenue improvements. Section 4.I(c) 5. Completion of required water improvements. Section 4.1(d) 6. Completion of required sewer improvements. Section 4.1 (e) 7. Completion of required stream margin, footpath and tree protection improvements. Section 4.1 (f) I. Required to be recorded contemporaneously with the recordation of the condominium map for the Townhouse and Club Units: Declaration of Condominium for Aspen Club & Spa Condominiums. Section 3.I(c) J. Required subsequent to issuance of final Certificate of Occupancy for the Project: Submission of a report to the Building Department and Canary Initiative staff within 30 days of the expiration of the one-year period following the issuance of the final Certificate of Occupancy for the Project summarizing the energy consumed during the preceding one-year period. Section 3.4(f) RECEPTION#: 621568, 07/16/2015 at 01:33:06 PM, 127 OF 127, Janice K. Vos Caudill, Pitkin County, CO 2. Energy audit of all uses of the property on the third anniversary of the issuance of the final Certificate of Occupancy for the Project. Section 3.4(g) 3. Additional energy audits on the fourth and fifth anniversary of the issuance of the final Certificate of Occupancy for the Project. Section 3.4(1) 4. Annual traffic report on the first through the tenth anniversary of the final Certificate of Occupancy for the Project. Section 3.16(d) 5. Completion of landscape improvements within 6 months of issuance of final Certificate of Occupancy for the Project. K. Prior to the closing of the sale of any timeshare interest: l . Recordation of all condominium and timeshare documents. Exhibit10 Ff%t�1.NO I; E14R & CAP / \L.S #12707J. EASEMENT AGREEMENT REC #590784 (APPROXIMATE AREA) AO," _---BuildingExterior LITE AVE R.O.W. &t CUL-DE-SAC \ \ , T 30' STILLWATER RANCH �� '``` SEfB,C SUBDIVISION/P.0 D BK o w , ( ^ 4 00 \ \ _ < , ,••� , , N \' IN ! E fr S 242.19 W5.03 O o u `,'' '�; _ `+, � �`. ``+ '�. �, ' .\ • .\ } ,: ir} r �28.Sgy 71 S 10'ii5 E 6.9$, F S83 2. 3:41 \ Q + 1.00, \ 7.54' COT BO `m _U _ND , A R 1 Y t/ME f71'P �l. , r 19 0 : z , k° , t F /y1 + ,. .. a.. I3ACK er :lot 15-E 503 sq. ft. (,I...2644 - acres w" SETBACK - _ 9 FOUND PK NAIL & WASHER L.S. #28463 PROJECT TIE CORNER CURVE TABLE CURVE LENGTH RADIUS TANGENT DELTA BEARING CHORD CUA - 58.34 42.68 r 34.76 0 1 If 78 19 01 o 1 n S 46 20 25 \N - 1 53.90 CU.1a - 41:441 42.68/ 22.511 55O 371 36" S 340591 R 42 1N 39.831 'CU.1b - � 16.90 1 42.68 f 8.56 O 11- 22 4126[ O n S 74 091l3 W 1-- 16.7J CU,2 39.18 27:.68 23.691 ,- . 81a 06 44 0 1 11 S 48 37 9 _ W i 3S 99 . LINE TABLE LINE BEARING LENGTH LUA S,99"11'16"E 2.99'.. LU.2 S11"13'45"E 15.16' LU3 S03"31'34"W 51.21' -LU.4 S00"48'44"W 34.44' LU.S S29"50'52"E 25.24' LU.6 560"09'08"W 26.00'. GU.7 N29"SO'52"W 15A7' LU.8 S36°02'26"E LU.9 SW99'11"E 15.16' LU.10 N849156'15"E 52.21' LU.11 S85"36'37"E 51.82' LU.12 S79050'20"E 43.83' LU.13 S5W53'26"E 14.48' LU.14 S36'28'53"E 31.81' LU.15 S10'09'40"W 14.09' LU.16 `S05`11'59"E 102:6T LU.17 S10'11'13"E 35.37' LU.18 S01'21'48"E 60.40' LU.19 N49"41'17"W 27.17' LU:20 N18"16'06'W 36.45' LU.21 N37"38'26"W 36.39' LU.22 N56"08'53"W 44.70' LU.23 N63011'22"W 44.80' LU•24 N82036'10"W 14.18' LU.25 S74"551511W 10.78' LU.26 S05034'14"W 92.13' LU.27 N87°16'51"W 24.21' LU.28 N84025'46"W 7.15' LINE TABLE LINE BEARING LENGTH L3.1 S46?46'02" E 11.86' L4.1 N88611'15"E 14.15' L4.2 S4764176"E 10.87' L4.3 S02o20 VE 21.18' L4.4 N77017'41"W 31.52' L4.5 N77"11'4.1" W 3.39' L5.1 S77017'41"E.. L5.2 N77"17'41"W 7.63' LINE TABLE LINE - BEARING LENGTH LS.1 N19"51'42"E 66.76' LS.2 N40"23'06"E 29.22' LS.3 S87009'33"E 164.00' LSA N56*00'34"E 59.50, LS.5 S64°27'26"E 147.38' NOTICE: ACCORDING TO COLORADO LAIN YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 30 �22.33 r SETBQ :: / GRAPHIC SCALE 0 15 30 60 ( IN FEET) 1 inch =30ft. Lots 15-A & 15-B 152,625 sq. ft. 3.504 acres Lot 15-C 19,451 sq. ft. 0.446 acres Lot 15-D 31,655 sq. ft. 0.727 acres Lot 15-E 11,503 sq. ft. 0.264 acres Property 215,234 sq. ft. 4.941 acres 5' 20' SETBACK S1o°19'16" 417 22, LITTLE STAR FOUNDATION (273718406805) 120' i SETBACK ' f I I cD LOT 14W ING-NQT BEING z 19,451 sq. ft. EASEMENT BK 93 HROU H 15-E I o.446 acres PG 527 (273718132021) '-' ::. DRY UTILITY rn EASEMENT = ► m w 1 � '• PROPOSED � (s€€ N v ... DEDICATION &A00 I ... 1 BUILDING PARAGRAPH F , w _ 1 ( w _ ;j v M O i 00 .c ....r ' 10 ACCESS EASEMENT SETBACKO z ' f BK'479 PG 661 O srm _ SHAD D AREA DRY UTILITY , ! i- 10 ASE ENT (SEE DEDICATION W.1 44 13 06 E 2124' SETBACK PARAGRAPH 10) ,,:�. _ _ 7.54 ! i5' ti _ 5 SETBACK S02'40'20"E 7�5.._..--- ` 1 d1LM, EASEMENT (SEE - �}• 2.83 . TkON PARAGRAPH' 10) _.....:.. / - % .., .,......._.... 9 $�-... - .,... \ 1.81 1 LU.16 J 1 - / U _f .: � � LOT 14E , ( 73718132 ) 2 017 :RY UTILI ate, :SEAS€MENT SEE � DEDICATION i PLAT NOTES: (. PARAGRAPH i 0 Y A S 2004 MARCH 2O09 /' . , . r . 1). DATE OF SURVEY. JUL UGU T , },.. ,: CENTERLINE 20 ARY ARCH 2O13. ......, C ... .; �.' i UPDATED JANU ... M. . 4j - - WIQE.SANITARY , .17 / ., 10 j 15 r ME EWE EASE _ . S R NT „ f � / DATE. OF PREPARATION. APRIL .MAY, 2015, JULY,Z015: 5' (SEE DEDICATION ` SETBACK 2)' r t H NVATER LtN€ HG o n 1•I3�AC1C ,.,� P�ttAGRA#'H 11. '.:� ;�f r�;' 1 ,14'OS W B EEN THE FOUND 2998-CITY f_ ! / / f EDGE OF RIVER 3) . BASIS OF BEARING: A BEARING OF E174 ETW 5 / .- ;,-` f ' ' OF ASPEN CONTROL STREET,MONUMENTS LOCATED AT THE HOPKINS AND GARMISCH AND;MOPI�INS AND GALENA STREET INTERSECTION. THIS ESTABLISHED A PROJECT BEARING BASE OF N 88°18'29" W BETWEEN THE FOUND 1954 BLM BRASS !� CAP MONtJMENTING CORNER NO. 1 RIVERSIDEPLACER AND THE FOUND SANDSTONE MONUNIIENTING CORNER N0.9 RIVERSIDE PLACER. 4) BASIS OF SURVEY: THE FINAL PLAT OF ASPEN CLUB &SPA SUBDIVISION/PUD/SPA, RECORDED MAY 13,2014 IN -PLAT BOOK 97, CITY OF ASPEN GPS CONTROL , MONUMENTATION MAP PREPARED BY MARCIN ENGINEERING LLC, DATED Y/ ^ DECEMBER 2, 2009, THE RECORDED CALLAHAN SUBDIVISION PLATS, VARIOUS �.* DOCUMENTS O ECO AND THE FOUND SURVEY MONUMENTS, S SHOWN. 15 •' C F R RD UND TS A .. SETBACK , L4.3 `�-%' / / / � ��. 5) THIS PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION <v/"0 D "E RELIED RIGHTS OF WAY AND/OR TITLE OF RECORD, S REGARDING EASEMENTS, G / , . UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4 AND THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY TITLE INC. CASE NO. PCT24010FA2 EFFECTIVE DATE S€PTEMBER 10, 2014. S10'19'16"W 1.90' r ' ' / 6`) CLUB & SPA AREA - THE LOTS INCLUDED -IN THIS PLAT ARE BENEFITED BY THE FACT THAT THEY ARE LOCATED ADJACENT TO AN OPERATING HEALTH CLUB AND SPA (THE ;, y�, / "CLUB & SPA"). THE CLUB & SPA AREA REPRESENTS A UNIQUE AND DESIRABLE S10019116"W 11,.. ' ! / PUBLIC FISHERMAN'S ASEMENT AMENITY THAT INCLUDES MANY YEAR-ROUND ACTIVITIES; AS SUCH, THE CLUB & S 0"19'16"W !0.28' % (SEE DEDICATION PAtRAGRAPH 5) ; SPA AREA IS EXPECTED TO GENERATE AN UNPREDICTABLE AMOUNT OF LIGHT, ' 5'OFFSET FROM NOISE, VEHICULAR AND PEDESTRIAN TRAFFIC, INCLUDING BUT NOT LIMITED TO Z 00 H#GHWATER LIN ' ' PRIVATE VEHICLES, FOOT TRAFFIC ALONG DEDICATED PUBLIC TRAILS, Oo ' SNOWPLOWING, SNOW REMOVAL, EVENTS, DELIVERIES, ETC... OWNERS AND OCCUPANTS OF THE PROPERTIES DEVELOPED ON AND AROUND THE LOTS CAN BE 00 EXPECTED TO BE SUBJECT TO THE FOREGOtNG FROM TIME TO TIME. BY ACCEPTING A DEED OR RIGHT OF USE TO ANY PORTION OF A LOT IN THIS PLAT OR ANY UNIT CONSTRUCTED UPON A LOT IN THIS PLAT, THE OWNER THEREOF ACKNOWLEDGES FOUND REBAR & CAP / 10' WIDE RIPELtNE/FLUME/D'kTCH,'` THAT SUCH PROPERTY MAY BE SO AFFECTED: 52.0' WITNESS CORNER EASEMENT, BK 93 PG 537 L.S. #24303 �p / 7) IN THE EVENT THE LANDOWNER, ITS SUCCESSORS AND ASSIGNS, FAILS TO OPERATE AND MAINTAIN THE STORMWATER MANAGEMENT/BMP FACILITIES IN GOOD Q LOT 13 WORKING CONDITION ACCEPTABLE TO THE CITY, THE CITY, ITS AUTHORIZED AGENTS / �,y (273718131801) AND EMPLOYEES, MAY ENTER UPON THE PROPERTY AND TAKE WHATEVER t , % ACTION(S) DEEMED NECESSARY TO CORRECT DEFICIENCIES IDENTIFIED IN THE INSPECTION REPORT AND TO CHARGE THE COSTS OF SUCH REPAIRS TO THE y LANDOWNER. THIS PROVISION SHALL NOT BE CONSTRUED TO ALLOW THE CITY TO ERECT ANY STRUCTURE OF PERMANENT NATURE ON THE LAND OF THE / LANDOWNER. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE CITY IS UNDER NO OBLIGATION TO ROUTINELY MAINTAIN OR REPAIR SAID STORMWATER MANAGEM ,' jBMP FACILITIES, ANDIN NO EVENT SHALL THIS AGREEMENT BE / CONSTRUED TO IMPOSE ANY SUCH OBLIGATION ON THE CITY. RE 8) ., ALL ROW DETAILS MUST CONFORM TO COA STANDARDS AND WILL BE REVIEWED AT SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704`-0311 sopris@sopriseng.com �d G S •gE TIME OF BUILDING PERMIT. THE INLET WITHIN THE 5' CUL-DE-SAC BUFFER MUST BE Q� •'' ;�� DRIVABLE AND ALL GRATES OVER INLETS MUST BE PEDESTRIAN FRIENDLY. •. '• Q � 9) FINAL GRADING FOR UTE AVENUE CUL-DE-SAC TO BE REVIEWED BY COA 4 ENGINEERING DEPARTMENT. � ',• �.,,: ter 10) BASIS OF ELEVATION: THE 2009 CITY OF ASPEN MARCIN CONTROL DATUM, WHICH IS LP BASED ON AN ELEVATION OF 7720.88' (NAVD 1988) ON THE NGS STATION' -159' A1' WHICH ESTABLISHED A PROJECT BENCHMARK, ELEVATION 8020.41, ON THE SW PROPERTY CORNER A FOUND REBAR & CAP L.S. #24303. m .... . i a� nnnCnlnC:n clninl DI AT f1G CURVE TABLE ' CURVE LENGTH RADIUS TANGENT DELTA BEARING CHORD CD.1 24.35' 15.07' 15.77' 92P36'14" S 30P59'35" E 21.79' CD.2 1.97' 24.00' 0.98, 4P41'54" N 43014'00" W 1.97' CD.3 1.28' 38,00' 0.64' 1055'51" S 16020'05" W 1.28' CD•4 3.23' 15.00' 1.62' 12020'03" N 41P32'44" E 3.22' CD.5 21.87' 15.00, 13.40' 83032'47" N 06'23'41" W 19.99, CD.6 6.28' 3.00' 5.20' 120*00'00" S 71P49'55" W 5.20' CD.7 2.13' 4.50' 1.09, 27'10'01" N 65P2751" W 2.11' CD.8 28.59' 20.00' 17.36' 81054'23" S 59059'58" W 26.22' CD.9 22.35' 19.50, 12.59' 65°40'51" N 30P02'31" E 21.15' CD.10 8.45' 6.50' 4.94' 74030'13" N 40003'01" W 7.87' CD.11 8.26' 3.50' 8.50' 135P15'15" N 35004'15" E 6.47' CD.12 83.54' 44.49' 60.77' 107035'14" N 21012'5.5" E 71.79' CD.13 10.06' 5.50' 7.15' 104P50'06" N 22P34'11" E 8.72' CD.14 38.51' 60.50' 19.93' 36P28'12" S 77054'49" W 37.86' CD.15 10.23' 9.50' 5.68' 61'43'35" S 24042'52" E 9.75' CD.16 137.45' 41.84' 583.65' 188P12'05" S 21006'49" W 83.47' CD.17 16.37' 49.17' 8.26' 19PO4'53" N 74P18'38" W 16.30' CD.18 5.37' 2.41' 4.89' 127028'35" S 36P08'55" W 4.33' CD.19 3.28' 2.50' 1.93' 75P16'36" N 61029'23" W 3.05' CD.20 23.20' 19.50' 13.20' 68P10'27" S 46°47'06" W 21.86' CD.21 11.95' 32.00' 6.04' 2.1°23'42" S 03P41'15" E 11.88' CD.22 16.61' 34.68' 8.47' 27°26'49" S 01001'33" E 16.45' CD.23 4.53' 2.90' 2.87' 89°31'08" S 32'23'40" E 4.08' CD.24 18.63' 50.00, 9.43' 21P21'13" S 55°00'32" W 18.53' CD.25 19.23' 10.00, 14.34' 110012'20" S 10°46'14" E 16.40' CD.26 45.53' 60.00' 23.93' 43028'46" S 81'26'49" W 44.45' CD.27 11.67' 20.00' 6.01' 33P26'07" N 54*41'03" E 11.51' CD.28 33.02' 23.97' 19.73' 78P54'58" N 01P28'38" W 30.47' CD.29 11.59' 37.99' 5.84' 17°28'28" N 26°01'57" E 11.54' CD.30 7.44' 15.00' 3.80' 28*25'04" S 20033'34" W 7.36' CD.31 5.44 14.9 8' 2.75' 20049'09" N 58006'29" E 5.41' CD.32 44.87' 37.99' 25.46' 67P40'15" N 18"28'17" W 42.30' CD.33 11.35' 157.16' 5.68' 4P08'19" S 50o14'15" E 11.35' LINE TABLE LINE BEARING LENGTH LD.1 S77P17'41"E 12.72' LD.2 S15*18'32"W 9.37' LD.3 N83°10'05"W 51.01, LD.4 N83*10'05"W 45.42' LD.5 N83a10'05"W 25.13' LD,6 N35022'42"E 3.60' LD.7 N48010'05"W 12.81' LD.8 S11049'55"W 10.75' LD.9 N78'10'05"W 9.00, LD.10 N52002'00"W 10.24' LD.11 N486'10'05"W 93.31' LD.12 N1104955"E 21.93' LD.13 N48'10'05"W 28.55' LD.14 N77"18'08"W 10.98, LD.15 N12'42'32"E 171.05' LD.16 S77005'01"E 13.94' LD.17 N29*50'52"W 13.08'' LD.18 S83051'05"E 110.16' LD.19 S06"08'55"W 10.03' LD.20 N83051'05"W 29.91' LD.21 S23051'05"E 11.47'' LD.22 S66009'18" 9.97' LD.23 N83051'05"W 47.77'` LD.24 N23°'51'05"W 19.80, LD.25 S12*41'52"W 139.79' LD.26 S77'18'06"E 5.00' LD.27 S13001'35"W 1.79' LD.28 S77*17'21"E 10.82' LD.29 S12a42'19"W 5.00, LD.30 S48'10'05"'E 114.49' LD.31 S77°17'41"'E - 47.35' LD.32 S12'42'19"W: 7.72'' LD.33 S77'17'41"E 23.60' LD.34 S17017`41"E 6.96' LD.35 S77'17'41"E 20.31' LD.36 N4242'19"E 9.63' LD.37 S77017'41"E 2.65'' LD.38 S12042'19"W 2.07' LD.40 S15'17'39"W 6.62' LD.41 N5405446"W 6.48' LD.42 N37'58'00"E 6.30' LD.43 N51'32'16"W 27.97' CURVE CF.1 CF.2 CF.3 CF.5 CF.6 CF.7 CF.8 CF.9 CF.10 CF.11 CF.12 CF.13 CF.14 CF.15 37.81' 71.67' 13.40' 18.50, 82.72' 98.74' 40.65 t 37.66' 32.17' 64.40' 7.76' 55.33' chlC(/L,gR „vNpAR�( '`IWENTy $GIwAV Rap,- _EgSErA- v (S E / 6 E 8 N ..,.• v�; � ,; � I, E OEFJ�rn T. _ y HATrut,. �TED � CQ.31 _ .� 1 4, f i 4 i f , /i i (' 1. t, • CENTERLINE 10 T 10 ! Q F i i � � E 1 r r, f rn i i N 1 CURVE TABLE TANGENT I DELTA 70.00' 19.38' 30056'53" 44.00 46.64 930201 00" 38.00' 6.77' 20P12'38" 50.00, 9.36' 21012'18" 5 51.00' 53.68' 92O551 55" 43.00' 95.60' 131033'50" 160.00, 20.61' 23P17'27" 18.00, 16.05' 83027i 22" 70.00' 6.20' 10P06'57" 47.57' 19.88' 45°21'17" 30.72' 17.74' 60*00'00" 20.50' INFINITE' 180000,001, 22.00' 3.92' 20P12'38" 28.00' 42.48' 113P13'02" : LF .9 a� r TIE ; Io BEARING CHORD �s- N 4W35'35" E 18.72 ^1 r , M N 02 46 53 W 37. 35 :.� >,. ....... 0 24 41..E 6 401 N 86002'36" E 13.33' N 85032'47" E 18.40' o t �t S 58 35 25 E 73.95 S 53039'28" W 78.43' N 72012'21" W 40.37' S 54025i14" , W 23.96, S 07038'05" W 12.34' S 25015'15" W 36.68' N 72018'23" E 30.72' N 06'08'55" E 41.00' S 86'02'36" W 7.72' S 18'15'04" W 46.76' LINE TABLE LINE BEARING LENGTH LF.1 O 1 N12 41134 E 158.55 LF.2 7 N75O 56t17"E 18.50 LF.3 583°51'05"E 70.40 LF•4 N83051'05"W 64.07' LF.5 S12P41'34"W 159.52' LF.6 S83051'05"E 122.32' LF.7 N83°51'05"W 115.78' LF.8 S75P56'17"W 18.37' LF.9 N04030'22"E 16.01' LF.10 N14032'26"W 16.0( WIDE EX14TING / DE DITCH / RIVERSI / REC)83889 ti PUBLIC FISHERMAN SEASEMENT ., 1 DEDICATION P RAGRAPH f SEE DEDIC O / I i v / Ca O RE G o� s r ANAL LV CENTERLINE 14 1 0 f WIDE PUBLIC TRAIL , / EASEMENT REC, #196748 , GRAPHIC SCALE Off` . • /� �. / . I , , .. / / • / 30 0 15 30 BO 120 4) I CURVE TABLE LENGTH RADIUS TAN TANGENT ENT DELTA BEARING CHORD CP.1 31.38' 24.12, 18.36' 74O 33I 05" N 11P 261 4711 E 29.21, CP.2 17.521 27.86' 9.06t 3 6O01461 ! 1 N 30P 421 26" E 17.23 CP.3 16.39' 11.25' 10.04' 83P27'22" N 54°2514 E 14.98 CPA 1.31 2.50 0.67 29 59 37 N 81 09 07 E 1.29 CP.5 1 2.62 t 2.50 1 1.44 O 1 11 60 00 23 O l 11 N 36 09 07 E 2.50' CR:6 1 3.93 , 2.50 1 2.50 O 1 it 90 00 00 O 1 " N 51 Q8 55 E 3.541 CP.7 1 15.54 1 46.67 1 7.84 O 1 " 19 04 53 O 1 " S 74 18 3$ E 15.47' CP.8 148.89 44.33 407.43 192 25 12 N 19 01 13 E 88.15 C P.9 7.01 1 . 2 4 8 4.29 , 83O01 „ 2 19 O , 11 W N 35 31 1 4 6.41 1 CP.10 7.21' 32.50' 3.62' 12P42'34" N 70P51'11" W 7.19' CP.11 18.01' 10.50' 12.14' 98P18'03" N 51°52f11it E ' 15.89.1 CP.12 47.1T 16.01' 163.20' 168P471 38" : N 16O 37t 21 E 31.87 CP.13 55.151 42.961 32.11 73O 33 40" 5 N 30O 591 38/ W 51.44 CP.14 16.58 20.00 8.80 47 30 02 N 87 10 40 W 16.11 CP.15 26.71' 100.001 13.44' 15O 181 23" N 55O 461 28" W 26.641 CP.16 80.51' 300.00' 40.50' 150221 33" N 55048, 32Ii W 80.27' CP.17 18.99' 40.00' 9.68' 27-12'09" N 49047'43" W 18.81' CP.18 36.38' 50.00' 19.04' 41P41'38" N 57P00'19" W 35.59' CP.19 1 1548 I 100.00 ' 1 7.75 P 1 " 8 52 03 O f " N 82 1710 W 1 15.46 CP.20 42.03' 500.00' 21.03' 4P48'59" N 84P18'23" W 42.02' CP.21 25.41' 100.00' 12.78' 1 14P33'39" N 89-11'07" W 25.35' NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ' _/Ar%DLJIV LJ/ALC, %_ULL.Ji1MLJU E31VE•J (7 / V) / V-t-V-;.L.L LINE TABLE LINE LN IN BEARING LENGTH LP.1 N52002'00"W 48.60' LP.2 N49P36'44"W 79.13' LP.3 N46°56'50"W 19.17' LP.4 ` N46P56'50"W 32.88' LP.5 N48P49' 11"W 24.59' LP.6 I N12P41'34"E 154.00' t.P.7 1105" E S83O5. , 55.37 I.P.8 N.66O 09t18" E 9.97; LP.9 N06*08'55"E 8.68' LP.10 S83051051 1 E 21.34 1P.11 N 081 55" E 06O P 26.69 LP.12' NO2P43'09"E 31.33' LP.13 S78P58'48"E 8.02'' LP.14 S69004'1911 W 40.88- LP.15 2 9" W N63O5i3 .. ' 74.55 LP.16 9 N63O 29t 49" W 30.901- LP.17 N63O31811W 2 4 1 39.37 LP.18 N77951'08"W 27.11' LP.19 S83P32'04"W'1 39.45' LINE TABLE LINE BEARING LENGTH LS.1 S80'08'13"E 42.36' LS.2 N78°18'59"E 40.52' LS.3 N37°06'13"E 0.58, LS.4 S52°53`47"E 10.00, LS.5 S37°06'13"W 32.85' LS.6 S26°32'05"E 3.70' LS.7 S63°27'55"W 10.00, LS.8 N26°32'05"W 4.15' LS.9 S78'18'59"W 19.74' LS.10 N80°08'13"W 42.35' LS.11 S50°59'12"W 8.49, IN FEET) 1 inch =30ft. CURVE TABLE CURVE LENGTH RADIUS TANGENT DELTA BEARING CHORD CS.1 85.18' 100.00, 45.37' 48°48'27" N 75°27`34" E 82.63' CS.2 16.42' 45.00' 8.30' 20°54'34" N 89°24'30" E 16.33' CS.3 52.51' 73.00' 27.45' 41°12'47" N 57°42'36" E 51.38' CS•4 25.55' 23.00' 14.27' 63°38'17" S 05°17'04" W 24.25' CS.S 45.91' 35.00' 26.93' 75°08'56" N 64°06'33" W 42.69' CS. 20.68' 55.00' 10,47' 21°32'47" S 89°05'23" W 20.56' CS.7 76.77' go no, 40.90' 48°52'35" S 75°25'29" W 74.4T ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN SOpPiSSOpt'ISCC1g.CO111 sb 28 --A LPLA AN AMENDMENT OF ASPCEN LUB &SPA SUBDIVISIMON/P--A,-.P�LAT,,.REWRDEDASRECEPTION NO. 6102,62 THE ORIGINAL rt 0 FA Ch 0 roo HLn w rt 0 F-A w F-A w C:) co, O Ch C4 N. 0 Ell . ................... .. .... .... PRIVATE ACCESS . . .......... ........ ......... EASE MVENT ........... ........... (SEE ..... . . ..... ..... ...... ........ DEDICATION _PW_qRAfH 17) *0 -A �k �""t, . . . ... . R BEARS I IE CORNE N S 5 16P 2'25"E 107.41' . .......... A. ........... ............ . ..... . ... . ............ § . ...... ... . ...... v, ....... .......... . .. ....... el- . ............. r. j. ........ . . .... . .... ---- ------ - -- . ....... a . ....... ..... ..... . ... .. L .7 . ........ . . X4 `4 T 154 k f • k4,� If :q . . .... ..... ....... ... If ...... ............. WAIL & WA ER s6 'k L. k I . .. . 4aV ... . ........ 4 . .. .... . ....... ... .... ... J pa. L.S. --- --- ND PK sIAlljfg �HERI�,,,, ... . ...... . . . ... .... . ...... .... ... ........ jj ff mv - k11 . - , .? I . rgl Kvj C L.S. gZ61 ..;; - 1! z 63 Al., x 7", r. LOT 1571P ----- -------- v ......... . LQT,15-B CONRGURATION AT 1ST LEVEL, 30 GRAPHIC SCALE 0 15 30 60 (IN FEET) I inch =30ft. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 120 LINE TABLE LINE BEARING LENGTH L2.1 S77017'40"E 38.95' L2.2 S12-045'21"W 23.66' L2.3 S77*17'41"E 7.04' L2.4 S12*42'19"W 116.56' L2.5 N77017'41"W 5.17' L2.6 N12*42'19"E 1.56' L2.7 N77*17'41"W 40.80' L2.8 N12042'19"E 33.29' L2.9 S.77017'41"E 3.59' L2.10 N12'442191 10.76' 1.2.11 N77-17'41'* 9.58' L2.12 N12042'19"E 30.56' L2.13 S77017'41"E 3.59'_ L2.14 N12o42'19"E 20.76' L2.15 N77*17'41"W 3.60'. L2.16 N12*42'19"E 33.29' 6 ...... .... __j LOT 15 -B CONFIGURAPON Al' 21VD LEVEL LOT 15-B CONFIGURATION VERTICAL INTENT OF LIMITS THAT CREATE THE LOT 15-B:BOUNDARY PERIMETER: FROM THE 1ST LEVEL SUBFLOO RING: ELEVATION. TO THE BOTTOM OF THE 2ND.LEVEL FRAMING (THE BOTTOM OF THE CEILING JOIST/LOWEST STRUCTURAL ELEMENT), AS SHOWN HEREON. HORIZONTAL INTENT OF LIMITS THAT CREATE THE LOT 15-B BOUNDARY PERIMETER: FROM THE UNFINISHED FRAMING MEMBER OR STRUCTURE OF THE EXTERIOR BUILDING WALL OR THE EXTERIOR FACE OF APPURTENANT DECKS/PLANTERS AND PATIOS TOT -HE INTERIOR FACE OF FRAMING MEMBER SEPARATING RESIDENTIAL SPACE FROM, ADJACENT NON-RESIDENTIAL SPACE, AS SHOWN HEREON.. PLAN AND ELEVA.T.16NNIEWSARE FROM ARCHITECTURAL DRAWINGS. RECORDED WITH THIS FINAL PLAT SUPPLEMENTED WITH DIMENSION AND ELEVATION INFORMATION 1 DERIVED FROM SAID DRAWINGS. IF, AFTER CONSTRUCTION, THE AS BUILT DIMENSIONS AND ELEVATIONS FOR THE INTENDED VERTICAL AND HORIZONTAL BOUNDARY LIMITS OF SAID LOT 15-8 DIFFER FROM THOSE DESCRIBED HEREON. THEYSHALL BE DEEMED TO BE AUTOMATICALLY AMENDED TO COINCIDE WITH THE AS -BUILT LOCATIONS IONS OF THE LOT.LIMIT INTENT. THESE AS -BUILT LOT15-8 LIMITS.WILL BE REFLECTED ONTHEPOST CONSTRUCTION CONDOMINIUM MAPPING FOR SAID LOT 15-0. LOT 15-E CONFIGURATION HORIZONTAL INTENT OF LIMITS THAT CREATE THE LOT 15-E BOUNDARY PERIMETER: THE LOT 15-E WESTERLY BOUNDARY, WHERE APPLICABLE, IS INTENDED TO BE COINCIDENT WITH THE EXISTING. ASPEN CLUB AND SPA EXTERIOR BUILDING FACADE. THE LOT 15-E NORTHERLY BOUNDARY IS INTENDED TO BE COINCIDENT WITH THE PROPOSED ASPEN CLUB AND SPA POOL AREAA-ETAINING WALL SOUTHERLY FACE. I E. PLAN AND ELEVATION VIEWS ARE FROM ARCHITECTURAL DRAWINGS RECORDED WITH THIS FINAL PLAT SUPPLEMENTED WITH DIMENSION INFORMATION DERIVED FROM SAID AID DRAWINGS AND SURVEY LOCATIONS OF SAID EXISTING BUILDING. IF, AFTER CONSTRUCTION, THE AS -BUILT DIMENSIONS FOR THE INTENDED HORIZONTAL BOUNDARY LIMITS OF SAID LOT 15-E DIFFER FROM THOSE DESCRIBED HEREON THEY SHALL BE DEEMED TO BE AUTOMATICALLY AMENDED TO COINCIDE WITH THE AS -BUILT LOCATIONS OF THE LOT LIMIT INTENT. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET., SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 sopris@sopriseng.com LIN.FfABLE LINE BEARING LENGTH 1.117 ,L2.18 N77"17 41, W 13.4ix I L2.19 N12042'19"E 20.45' L2.20 S77*17'41"E 1.25' L2.21 N12*42'19"E 14.08' L2.22 S77*17'41"E 3.59' L2.23 N1204219"E 20.76' L2.24 N7rl7'41"W 3.59' L2.25 N12*42'19"E 30.56' L2.26 S77*17'41"E 3.60' L2.27 N12*42'19"E 20.74' L2.28 N77*17'41"W 3.60' L2.29 N12*42'19"E 14.10' L2.30 N77*17'41"W 1.25" L2.31 N12*42'19"E 20.45' L2.32 S77*17'41"E 13.62' L2.33 S120,42'19"W 1.25' L2.34 S77017'41"E 26.33' L2.35 N12942'19"E 9.21' L2.36 S77*17'41"E 14.14' L2.37 S12*42'19"W 1.25' L2.38 S77'17'41"E 25-01' L2.39 N12042'19"E 3.53' L2.40 S77017'41"E 18.19 L2.41 N:12*42'19"E 3.99' L2.42 S77017'41"E 15.29' L2.43 N12*42'19"E 6.84' L2.44 S77*17'41"E 25.36' L2.45 N12*42'19"E 1.25' L2.46 S77"17'41"E 14.84' L2.47 S12°42'19"W 20.45' L2.48 N77*17'41"W 1.25' L2.49 S12*42'19"W 14.10, L2.50 N7r17'41"W 3.60' L2.51 S12042'19"W 20.74' L2.52 S77*17'41"E 3.60' L2.53 S12*42'19"W 14.83' L2.54 N77*17'41"W 17.36' L2.55 N12*42'19"E 0.02' L2.56 N71617'41"W 16iO4' L2.57 N12042'19"E 6.20' L2.58 N77*17'41"W 1145' L2.59 N12042'19"E 7.37' L2.60 N77017'41"W 57.45' L2.61 S12*42'19"W 117.61' L2.62 N7rl7'41"W 5.17' L2.63 N12042'19"E 11.93' L2.64 N7701741"W 24.43`1 1 NORTH ELEVATION VIEW SCALE 1"=20' GRAPHIC SCALE 20 0 10 20 40 ( IN FEET) 1 Inch =20ft. WEST ELEVATION VIEW SCALE 1 =20' SITE OVERVIEW NTS NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN I f1T 4 C D /LI.A rd`Ll'.lhl/`l SOUTH ELEVATION VIEW SCALE 1"=20' LOT 15-B CONFIGURATION VERTICAL INTENT OF LIMITS THAT CREATE THE LOT 15-B BOUNDARY PERIMETER: FROM THE 1ST LEVEL SUBFLOORING ELEVATION TO THE BOTTOM OF THE 2ND LEVEL FRAMING (THE BOTTOM OF THE CEILING JOIST/LOWEST STRUCTURAL ELEMENT), AS SHOWN HEREON. HORIZONTAL INTENT OF LIMITS THAT CREATE THE LOT 15-B BOUNDARY PERIMETER: FROM THE UNFINISHED FRAMING MEMBER OR STRUCTURE OF THE EXTERIOR BUILDING WALL OR THE EXTERIOR FACE OF APPURTENANT DECKS/PLANTERS AND PATIOS TO THE INTERIOR FACE OF FRAMING MEMBER SEPARATING RESIDENTIAL SPACE FROM ADJACENT NON-RESIDENTIAL SPACE, AS SHOWN HEREON. PLAN AND ELEVATION VIEWS ARE FROM ARCHITECTURAL DRAWINGS RECORDED WITH THIS FINAL PLAT SUPPLEMENTED WITH DIMENSION AND ELEVATION INFORMATION DERIVED FROM SAID:DRAWINGS. IF, AFTER CONSTRUCTION, THE AS -BUILT DIMENSIONS AND ELEVATIQNS FOR THE INTENDED VERTICAL AND HORIZONTAL BOUNDARY LIMITSOF SAID LOT 15-B DIFFER FROM THOSE DESCRIBEDMER150N THEY SHALL BE DEEMED TO BE AUTOMATICALLY AMENDED TO COINCIDE WITH THEAS-BUILT LOCATIONS OFTHE LOT LIMIT INTENT. THESE AS -BUILT LOT 15-B LIMITS WILL BE REFLECTED ON THE POST CONSTRUCTION CONDOMINIUM MAPPING FOR SAID LOT 15-B. LOT 15.-E CONFIGURATION HORIZONTAL INTENT OF LIMITS THAT CREATE THE LOT 15-E BOUNDARY PERIMETER: THE LOT 15-E WESTERLY BOUNDARY, WHERE APPLICABLE, IS INTENDED TO BE COINCIDENT WITH THE EXISTING ASPEN CLUB AND SPA EXTERIOR BUILDING FACADE. THE LOT 15-E NORTHERLY BOUNDARY IS INTENDED TO BE COINCIDENT WITH THE PROPOSED ASPEN CLUB AND SPA POOL AREA RETAINING WALL SOUTHERLY FACE. PLAN AND ELEVATION VIEWS ARE FROM :iARCHITE.CTUR L DRAWINGS RECORDED WITH THIS FINAL PLAT SUIPPLEIAENTED WITH DIMENSION INFORMATION DERIVED FROM $AID DRAWINGS AND SURVEY LOCATIONS OF SAID EXISTING BUILDING. IF, AFTER CONSTRUCTION, THE.AS=BUILT DIMENSIONS FOR THE INTENDED HORIZONTAL BOUNDARY LIMITS OF SAID LOT 1S=E DIFFER FROM THOSE DESCRIBED HEREON THEY SHALL BE DEEMED TO BE AUTOMATICALLY AMENDED TO COINCIDE WITH THE AS -BUILT LOCATIONS OF THE LOT LIMIT INTENT. SOPRIS ENGINEERING - L C CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 sopris@soprisen.g.com l AT 4l— A 1-Al.l`11 1MC-C All CONTINUING DOWN TO INCLUDE ALL SUBSURFACE RIGHTS SUBFLOOR AND CEILING DETAIL NTS on tIj 0 z rt Ch U1 001) 0 to rt 0 Ch C) H :PA U, W rt FA W Rai These plans are co:nceptual or illustrative in nature. Precise information shall be P. ovided ise t r as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. These plans are conceptual or illustrafive in nature. Precise 'informatiOn shall be provided as part of the building permit application, and in situations where the fina.1 PUD Development Plans and approved building permit differ, the approved building permit shall rule. MAY 2015 I i n Leve I Amended Final PUD/S .Development Plan rTW LOWER LEVEL PUD/SPA DEVELOPMENT PLAN 1.0 ;N BILL POSS AND ASSOCIATES, 2013 ARCHITECTURE AND PLANNING, P.C. plans are con a These pl ceptW1 or illustrative in nature. Precise information shall be provided, as part of the building permit application, and in situations where the final PUD Development. Plans and a-pproved buildJng permit differ, the approved bui.1di.ng Dermit shall rule. U A CH1:URE-i-PLA NG. S 605 EAST MAIN: STREET ASPEN, C01 ORAVO 81611 (T) 970/925 4755 (F) 970/920 2950 5/4/201512:55:19 PM Amended Final PUD/SPA MAY 2015 eve o men an MAIN LEVEL PUD/SPA DEVELOPMENT PLANi2.0 BILL POSS AND ASSOCIATES, (�D 2013 ARCHITECTURE AND PLANNING, P.C. t ....... ....._ _...... WNW Ix t L r r r r r ... - ..._ .. .. .. .. .ter ... - .s :.. Top of Slope . . . . . .. . . . . . . . .. ... . . .. . . . ... ... ... . ... . . . . . . . .... . . . . . . . . ....... .. . . ... . . . . . . . . ... .. . ... . . . .. .. .. . . .. .... .. . ... . . . . .. . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . .. . ... .. . . .. . . . ... . ...... ... . ... . . . .. . . . . . . .. . .. . . . . . . . . . . . . . . . . . . .. . . .. .... . . . . . . . . . . . . . . . . . .. .. . .... . . . . . . . . . . . .. . . ............ . ......... ..... .. .. . . . .. .. . . . . . . . . . . . . .. . . . .. .. . . . . . . . . . . .. .. . . . .. .. . ... ...... . ...... ..... ... ..... . ...... . . . .. ... .... . . . . ... . .... . . . .. . . ... . . . .. .... ... . ...... .. . .. . . . . .. ......... ...... ... . ... . .. . .......... . . .. ...... . ... . . . . . .. .. . . .... ......... ........... .. . .... ....... .. .. . ........... .. ........... .......... .... ........ .. .. .......... ..... ........... .... ....... ............. ..... .... . 7 -3 V LINE ROPERTY P 117,70 z NEU PROPERTY LINE ...... ..... J2 rt PV ch 'g Ln AHU: 1, 5 & 9 0 0 ko Top of S[oDe Line AW) 2:,.61t 10 "'M 011 t Area within 15' setback to be rev getate with ati grasses where ten:nis court derr iti Lodge Un.it 10 I'a C) on rr uirte access AHU 3, 7 & 11 into this area - revegetation. k p �p Ln 1 �a ,t �en -3 Lodge Lodge tream marginreq' t ir secfi Parking bance Lodge Lodge 2, 2012 and section 7&9 o the PU ame ament U�n,it 13 Unit 14 W rt Unit 11 Unit 12 FA reception 601690. Lodge Unit 9 FA W w �� ".. � .1 11 HC FA W Jew 15'Top of Slope Setback Pool ji:N� AHU 4,8 & 12 C3 0 . . .... ------ 00 . . .......... co, ----------- L -------- J Ch Lod e Unit 8 FA 0 Rmp Down 0 10 W 0') 's . . . . . . . . . . . . . . Q> Q) 1-Y 2.1-1 a \'_/ i, Uj Native Grasses 11 Existing Vegetation Lodge Unit 7 Lodge Uri it 6 C Lodge Unit 5 --------- - @ Lodge Unit 4 to' ON Lodge Unlit 3 W" Lodge. Unft 2 rM 1=12W! These plans are conceptual or illustrative in�nature. P:recise information shall be provided as part of the buildin.g permit application, and in situations where the final PUD Development Plans and approved build:�ing permit differ, the approved building permit shall rule. LN, j �'jt� A 1T EC, I I RC H11 RE P nIN N G 0 5 EAST MAIN STREET A S P E N, C 0 L 0 R A 0 0 8 16 1 1 (T) 970 / 925 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2950 5/4/201512:55:22 PM Patio W I Patio ------- L NEWS HC z HC HC r. Entry Drive ParKing Service Yard I..., . . . . . . . . . . . MR PROPERTY LINE The Final Landsca.De Plan is su -j.e to e V%V i's q th OVISIO.... of Section 3.11 of the PUD Agreement. In addition, the applicant will rnaintaJn the exist-Ina- sible, rxart cularl along Ute Ave; and the ADA vegetation, to the extent nos I y trail to the river. MAY 2015 �0 , L ENID EG 7 Existing Trees to Rematin , M91 m Proposed Evergreen Trees (Spruce, Ponderosa Kne, Bristlecone)* 0 Proposed Deciduous Trees (Aspen, Ash, Crabapple, Cottonwood)* Proposed Planted. Areas (to be determi:ned: native grasses, lawn, and/orperennial beds) *Note: 90% of all plant material shall be native. No invasive plarits shall be introduced. /Amended Final PUD/SPA �Development Plan [ANDSCAPE PLAN - Ll 1. BILL POSS AND ASSOCIATES, 2013 ARCHITECTURE AND PLANNING,P.t C4 0 (D 0 co ep . . . . . . . . . . .. . . .. . . . . .. . . . .. . . . .. . . .. . .. . . . . . . . . .. . . .. . . ... . . . . . . . . . . .. .. . . . .. . . . . . . . ... . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. % . . . . . . .. . . . . . ... ... . . . . . . .. . . . . . ........ . . . . . . . . . . . . . . . . . . . . . . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . ........ . . . . . . . . . . .. . . . . . . . . . .. . . . .. . . . . - .. .. . . .. .. . . . . . . . . .. ... . . . ... . . . . .. . ..... ............. .. ... . ...... . ......... ....... . . ....... .. ... .. ........ ............ ................. ...... . ... ..... . . . . . .. . .. . . . . . . ........ .. . . . . . . .......... ...... 71 M V over 30" of cut or fill within setback ret IW�Y LINE ai�ning wall over 39'within setback .......... 12 EAST f SIDE —DE BUILDING TIL D —IN G— over 30 of cut or fill within setback SETBACK T B AC K r - - - - of Cut or till within setba( K. over PROPERTY LINE walls Over 3-0 within setback 1.0.: setback er 41: w in 'K 30 of cut or fill within (AM�StTBAC WL <1 arrr - - - - - - - - Uj U) - - - - - - - -j r 30" of cut or fill within set ck l f rY, s .s ,3'4 Y Gr r.,<s%:7bs'�iF>;3x 4rf ..€s ,'h%.:,.,s4ss• ,ti'q;., ; �:I _ ';''"rtt Z' over Top of Slope Line U- 0 1 5- CL OfO. OD Top of Slope Setback wo, I ---- z 11 1 P 9 7 ------ ------ z't L G) ..............' .r ; f 'Y' is `,3 ,Is/5%;': '. tar"' sts Yo,°,': `,f ' �'�� 3`c�'+�''slr<'�>'h� . iS'rr I '�i <:�Y <' .^�> .` �J '� (!1. ------ ar C ;;;r/,a�'r �f}n5',°"x,syr'.t � 3 + r / {.r< 3 � sg ir:"Yi% l .E' i5^ "H:£" is ^b� wi , V f, 'r's?< ��k �{'l.'•�,Fis�/f , v�'� l . � �/.�.v;,ryr .,{. , :�rot�4 � / 1 0' 0"� adjuste, t Line walls and grade transitions over 30" within setback related to grade transition and new accessible path to river from site - handrails for ramps will also exist on portion of this path MINE 100 o J/ 0 FR NTYARD BUILDING ACK 011 51-0-S PROPERTY F=7 over 30of cut or fill within setback "< �- o {� - �Y t >< LLL regg Top of Slope Line HC ft HC1 Top of Slope Setback to oz 11 C� UA N i grade transition over 30" within setback In\-ff Ili lot related to existing grade transition and possible \ ` _�%f` removal of existing transformer to be relocated @ A outside of top of slope setback @ — — — — — — — — — ---- G proposed transformer location / /EllOP grade trans I ition over 30" with I in setback patio walls over 30 within setback — -- — — — — — — — — — — — — — — — — — — WEST SIDE YARD BU I LDiNd S ETBACK — PROPERTY LINE parking lot retaining wall height varies +/- 13' NOTE: These plans are conceptual or illustrative in nature. Precise information shall be provided - WALL HEIGHTS DO NOT INCLUDE GUARD RAIL DIMENSIONS as part of the building permit apphication, and in situations where the final PUD - ALL PROJECTIONS FROM BUILDINGS TO MEET LAND USE CODE AHU Stora e c ess over 30" of u o fill within setback 251 301 - U, over 30' of cut or fill within setback Minimum Setbacks Lot 15-A Front Yard: 30 ft 25 ft to AH U storage access East Side Yard: Oft West Side Yard: 60 ft to building 5 ft to retaining wall 18 ft to stair Rear Yard: 25 ft Lot 15-B = N/A Lot 15-C Front Yard; 10 ft East Side Yard: 10 ft West Side Yard: 20 ft Rear Yard: 15.ft Lot 15-D Front Yard: 5 it South Side Yard: 0 ft West Side:Yard. 10 ft East Side Yard: 20 ft Rear Yard: 15 ft Lot 15-E Front Yard: 7.5 ft East Side Yard: 5 ft West Side Yard: 0 ft Rear Yard: 10 ft /Amended Final PUD/SPA Development Plan U. ITE"E ING 80 5 EAST MAIN STREET ASPEN, COLORAD 0 81611 (T) 97'0/925 47,55 (F) 976/920 2950 5/4/201512:55:24 PM PUD SITE SETBACKS - Al (D BILL POSS AND ASSOCIATES, 2013 ARCHITECTURE AND PLANNING, P.C. ........... ..... . . .......... .............. .... .... .... . .. ...... . ....... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .. . . . . . . . . .. ..... . ... J / / LO GE UN T 10 t tt �� r?" / l I / / / / �'--�' t Ca'4t ;'�r '": Y 3'�'Kf" `>4 / / I I I / / / / LOJGE T 9 :y # '/3 / I @ / / / LL)UUL / / UNIT 8 / /f,3t�ys,`3/,jr,;flY 34tri? ` x' /�#;s`./' ` �<y c': / ' >»i?i :y?�sy' ' �°iF s Sly rig �k �7�' -- — — — — — — — — — — — — — — — — — — — — — — — — — — i F / t I t Qfr� u'^;;3k�#S'•=rtsy' ##£ ,st£i;, s �i / �'# KYy , '% ./ /� y �. .c� o ,sjy , P� %gy, pg, g N 0 DGE ItONIT 7 1. Al 3 LODGE OC UNIT 6 y.'ZO — — — — — — — — — — — — G I T II ' !# £2`l../� g/ 3t» "r' 3`'S,; n� Cyjs;S,�t, At�;� / ,t. J :YII tE / a • • • n %#tr f• rs • •% ///1?"r, , rs 3 ,% �.G :.W �ti3! £ f"� tf� / ' #t, e m LODGE �UNIT 5 @ LODGE /xrN" UNIT4 I ` 3 ` . rN........... ........ LO D��,'� E UNIA3 @ `LODGE UNIT 2 \ ` tf i /� ' LODGE UN7 1 @ - — — — — — — — --- — -- — These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building �n -permit application, a-nd in situations where the final PUD Development Plans and approved building permit differ, the approved buildingpermit shall rule. 1 I MAY 2015 5f��'f u' A / Amended Final PUD/SPA Development Plan 'Nu -AR-C UR j"N 00.5 EAST MAIM STREETASPEN, 'COLORAUS 81611 (T) 970/925 4755 (F) 916/920 2 95V 54/201512:5.29PM LOWER LEVEL PLAN - A2 I O MLL POSS AM. 2013 MCHUCTM =AWPLA:;r' P.C. I 111:::be P►d11b, arC cU11cePLua1 Or iiiustrative in naTure. rrecise inrormation snail De proviaea as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved :building permit shall ru le. 1 1 � � I \\ Ur.L, "A NG 605 EAST MAIN. STREET A.S,PEN, EOLORADO' 91611 (T) 970 / 925 475,5 (.F) 970 / 920 2950 514/201512.55 33 PM MAY 2015 Amended Final PUD/SPA Development Plan MAIN LEVEL PLAN - A3 - BILL FOSS AND ASSOCIATES, © 2013 ARCHIIEC URE AND PLAWNG, P.C. ---- ------- ----- ---- ----- ------- - ---- I I ' \ I--------- --- _ I ` t 1 \ \ ` 1tt3 t :.4.1*i 't:. t�=+`iii.i ti i ,t �ii 15;.1t.=�' .. I ` E, t t �� ', 1 l i i i'j t S; ;: i ` '. {� 1 These plans are conceptual or illustrative in nature. Precise informatiOn shall be provided as part of the building permit application, and in situations where the final PU D ad bui1ding per it shall Development Plans and approved building permit differ, the approve m rule. ` 1 1 MAY 2015, Amended Final PUD/SPA Development Plan N :Sam, 605 EAST MAIN STREET ASPEN, COLORADIO 81611 (T) 970/925 4755 (F) 970/920 2950 5/4/201512:55-40PM UPPER LEVEL PLAN - A4 BILL PM AND ASMCIA7% J ARCHITECTURE AND PLANNING,P.C.2013 '* - - - - - - - - - - - - - - - - - - - - - - - - - I F ----------- I I Amended Final r/SF"l MAY 2015 Development Plan UPPER LEVEL AHU PLAN A5 (D 2013 BIPOSS AND ASSOCIATES, MLLCHITECTURE AND PLANK P.C. These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD NOTE: Development Plans and approved building permit differ, the approved building permit shall MECHANICAL EQUIPMENT LOCATIONS TBD rule. � � � MAY 2015 '�+* ��: �yv OSS, H E G«A $ C A ... 3 ,1 .< 4 K. . 605 EAST MAIN STREET ASPEN, COLORADO 81 61 1 (T) 970 / 925 4755 (F) 970 / 920 2950 5/4/201512:55:54 PM Amended Final PUD/SP Development Plan 1 ROOF LEVEL PLAN - A6 f OO 2013 BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLAP6WNO,P.G. . . .............. .......... ... ......... . . ...... . .. ...... ...... . ......... .......... . ... . ..... ........ ............... ... .. ... ...... . ..... . . ..... ...... .... . . . . . . . ... . . . ... . .. . . . . . .... .. ..... ........ . ....... ... . . . .. . .. . .. . . . . . . . . .... . .. . . . . . . . . . . . . . .. . . . . . . . .. .. . . .. ... . . . . .. .... .. ... ........ . . . . .... . . .. ...... ... . .. . ... . .. . . .. .... . . ...... .. . .. . . .... . . .. . . . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . ...... . ... . . . . . . .. . ....... .. .. . .. .. ... . ... . . . . . . . . . . . . . FU ... .... .... .... ....... ............... ... .... .......... . ....... ...... stone veneer horizontal siccing Ct PV Ch ........ ........... .............. U1 UiLL u 001) 0 .......... 3. ..... ........................�y,............. ................................ .......... Ch MM . ............ ........... ...................... ........ .. ............. 7.1 board form concrete or stone veneer �p Ln . ..... .. ........... . . .......... on parki;ng lot site wal I ........... .... . ............. ...... .......... .... ............ . .... - ............. .......... .......... . .... .... .... . ...... .... ..... . .... ...... . ..... .. ..... ...................... ....... .. . .......... :-.111 - � 11 ............ ............ . . ...... ......................... .......... . .. .............. ..................... ... ..... ... ... ............... - ..... ....... - .......... ............ ..................... : .... . .......... ............. ...'s-, ..................... . .... ...... . . ............. I ... ............. ....... ...... ..... I.— .. ..... ... ..... ..... H% . .. ........... .. ... . ...... ... ...... . .... . ...... . ....... WEST ELEVATION Fj wFj w CD ro FA horizontal siding .., glass ................ .... ... ........ 17 ✓ 1-M1 117 '.1I11 -..: ................... .. ............. 0') 1 AMA L I ClZo I I C1 I I U ZIUF V I UU ICI K- I UZJ U I U — — . . 1. --- . , L .. — . . 4 0 (D 0 Co LODGE UNITS 1-5 SOUTFi ELEVATION - OTHERS SIMILIA:13 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. MAY 2015 �r 110 veneer orizontal wood siding iertical wood siding Aone veneer LODGE UN:1T 1 WEST ELEVATION - OTHERS SIMILIAR n Amended F'inal PUD/Sp Deve,lopment PIan IAN A 4 �SANG Lf k� 1".. : H K" 605 EAST MAIN. STREET ASPEN, COLORADO 81611 (T) 970 925 4755 (F) 970 / 920 2950 5/4/20151-.04-43PM LODGE UNIT CHARACTER - A8 MLLPMAWAMCRTES, rs O 2013 MCKHMEAMMMMU. juIiett€ AH U West Elevation AH U East Elevation UUdrU IUFIII WIlUrete Ur JLU11C VCIICUr These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PU D Development Plans and approved building permit differ, the approved building permit shall rule. CT OSS:. a s six >'} 605 EAST MAIN STREET ASPEN, COLORADO 81611 (T) 970 / 925 4755 (F) 970 / 920 2950 5/4/20151:09:48 PM MAY 2015 AH U North Elevation AH U South Elevation UVC f U 1 V1 I I I L.V1 RA FLU VI JLV1 IU VG7-1Gra Amended Final Development P AHU BUILDING CHARACTER - A9 1 e1 y�pp ll�Yf ��+��/��TCp f.. T�l WLL POSSA DANVYVTES, © 2013 ARCHUCTURE AND PLAW M, P.C. Ar �• ro I-' H F-i H . O z ro� ct PVrn F' • N (TI (•� Ch O to (t 0 J N C� rn O� N roo :00 LTI H Ar W ct x 0 �w F-1w R �ro x cTI �o VERTICAL SIDI N; G. STONE VE:N::E:t.N STANDING SEAM SINGLE - PLY MEMRRAtVE ROOFING Amended Final PUD/SPA MAY 2015 Development Plan POSS LAB. 0.5 EAST MAIN STREET ASPEN, COLORAD-:0 81611 (T) 970/925 4755 (F) 970/920 2950 5/4/2015 1266.28 PM CLUB MATERIALS - A 10 2on BILL POSS AND ASSOCIATES, ARMCTURE AND PLANNING, P.C. GLASS' WOOD SI DI NO. STONE OR ARCHITECTURAL CONCRETE Exterior Elevator North (conceptual) SCALE 1/8" = P-O" MAY 2015 Y. O ct x ch z ... $ ... .... ...., ;.. ... :.. . € . _ . f Y # 3 s ............................... % j# I # .:.............:.�� i ,. .. £ Exterior Elevator West (conceptual) SCALE 1/W = P-O" Amended Final PUD/SPA Development Plan 0 o ct o c� rn o� N roo HO, w ct x 0 FA ,__, .. FA w FAw EXTERIOR ELEVATOR CHARACTER - All A `. 2013 BILL P=AND ASSOCIATE$, I MCHnECTME AND PLMNG, P.C. ..«. EXISTING j WALL X 4 0 FL- 2 f Zz FG 8003.7'±y 4 .8 It F r 4m . . . . . . . 0 Uh PROPERTY/ FFE LINE 17's Iv :8002.9' PA SED AIL APft&, -4 X MT :80moo. TIE PROPOSED BOVI�Df4416—' q.8001 JNTO �XIS�tt EXI ZING WA TO REMXAII Y.. L • Z M MIT 5 FFYI= 7999' i 4 4 FG UNIT FFE = 7999' 0 UNIT 3 ke U FFE= 7998' Jill'/Tl F 21 LG T UNIT 2 j L -'7996,8 PG?8 � FFE 7997 :T- UNIT 1 �4 II!jjjjjj;A-1 FFE 7 9xs*f T i { Is ,` 9 i ' 7� lop 49, FL-.7.7'± FL:7995.0'± FG:7995 Ed-7042C A S'UT. ESIVINT PROPERTY LINE 5'SETBACK NOTE: THESE PLANS ARE CONCEPTUAL OR ILLUSTRATIVE IN NATURE. PRECISE INFORMATION SHALL BE PROVIDED AS PART OF THE BUILDING PERMIT APPLICATION, AND IN SITUATIONS WHERE THE FINAL PUD DEVELOPMENT PLANS AND APPROVED BUILDING PERMIT DIFFER, THE APPROVED BUILDING PERMIT SHALL RULE. (PER REQUIREMENT #12 OF THE NOTICE OF t e APPROVAL RECORDED ON 7/24/13.) APPROX. LOCATION OF PROPOSED TRENCH DRAIN —TOC:8026.1'± INLET RIM: 8025.0'± TOC-.8024.9'± 1U.Tt PROPOSED WALL APPROX. 8'MAX. HEIGHT) N 3, x INLET RIM: 030.0± TOC:8030.1'± T6,C-9030.2-t-/ -7 EOA-8030 Z t TOC. 0 TOC:8029.V± :)C:8029. )C:8028 INLET RIM: 8027,V± 1-1 "' - �4�'OC 8327.3't TOC;8027.81± TOC:8027.7'± EOA:8027.6'± —TOC:8026.6'± TOC-8027.5'± rOC:8027. ± u8027.1'± GRAPHIC SCALE ( IN FEET) 1 inch = 30 ft. PROPOSED STORM SEWER PROPOSED RETAINING WALL PROPOSED STORM INLET PROPOSED SWALE FLOWLINE 7- 777 PROPOSED WATER QUALITY BIO-RETENTION AREA T.O.W. = TOP OF WALL B.O.W. = BOTTOM OF WALL TOC = TOP OF CONCRETE FG = FINISHED GRADE FL = FLOW LINE FFE = FINISHED FLOOR ELEVATION MATCH EX = EXISTING GRADE EOA = EDGE OF ASPHALT DRAINAGE DIRECTION/SLOPE 1,10% SPOT ELEVATION XKX.XXXX.Xl± EXAMPLE: TOP OF CONCRETE @, 7900.00' = TOC.7900.0'± EXISTING LEG��ID — — — — EXISTING VCONTOUR —5220— EXISTING V CONTOUR - — - - — EXISTING EASEMENT EXISTING PROPERTY LINE EXISTING SETBACK EXISTING WIRE FENCE EXISTING ASPHALT Know what's below. Call before you dig. CALL 2—BUSINESS DAYS IN ADVANCI Z oc Z ce) C-4 CID ce) UA < 00 00 0 C3 z = Vo4 Uj P- o Z Z _j 'L. Z < LLJ 0 1 z U C14 0 Lo -j LL 0 LLJ co I z z w 20 cat 0 LU 0 z 3: CO > —1, LILI > U.1 W. Ul 0 CO Uj w CL U- W j C) a. 0 W, In z w 2 DATE: MAY-2015 JOB NO. 12221 SHEET C1 4** BkC-B OVERFLOW !STORM DRAIN \ V m APPROX. LOCATION TERMINUS DRY WELL F IT UNDERDRAIN ROL FOCITER AI SANOVAULT 10� W ;ikj I 179"1771711_4o &7*97m WATER QUALITY BIO=RETENTION CELL SU ORC ....112N in 'RIB UTING BASINS, TOTALAREA (Sf) TOTAL IMPERV % IMPERV WQCV (IN) REQ. WOCV (CF) FOOTPRINT (SF) W,,QDEPTH (IN) _PROVIDED WQCV :(d). SKA 6 4534 2955 65% 0,13 49 100 6 50 SK 8 5,7&OS-5 32946 14926.7 45% 0.09 247 315 10 263 BRC C 8 3350 254X) 75% 0.16 45 100 6 so BRC D 9& 10 19656 11936 61% 0.12 197 210 12 210 8RC E 11 5775 3982 69% 0.14 67 138 6 69 BRC F 12 9476 3611 43-A 0.09 1 64 132 6 1 66 1 BRC G 13 83;0 6.58S _I 799% 0,17 119 375 4 125 WATER QUALITY DRY WELL SUMMARY: DRY WELL ID CONTRIBUTING BASINS TOTALAREA (SF) - TOTAL IMPERV % IMPERV Cs S�YR P1 (in) 5-YR Vs (d) DIAMETER (ft) DEPTH (ft) NO. OF DRY WELLS VOLUME PROVIDED (d) OW 1&OS4 22039 12371,32 56% 0.39 0.64 458 5 12 2 471 DW B 3 11662 10992 1 94% 0.179 0,64 491 s 15 1 2 589 Nu I t: THESE PLANS ARE CONCEPTUAL OR ILLUSTRATIVE IN NATURE. PRECISE INFORMATION SHALL BE PROVIDED AS PART OF THE BUILDING PERMIT APPLICATION, AND IN SITUATIONS WHERE THE FINAL PUD DEVELOPMENT PLANS AND APPROVED BUILDING PERMIT DIFFER, THE APPROVED BUILDING PERMIT SHALL RULE. (PER REQUIREMENT #12 OF THE NOTICE OF APPROXIMATE PEAK RUNOFF RATES ILLUSTRATED ABOVE REFLECT AMENDED URBAN RUNOFF MANAGEMENT PLAN PER RESOLUTION #113 - *so fts. 00 OS-4 WDABLE NY UkiTS--\ RY WELL YSTEM (DW A) OR U1 WE LL 4E LL YS WATER QUALITY f 0 "OOR B IN 1 AND OS-4 00 00 % 0-0 ilk I — A wl 11 \% V 4% V > z ;Ay fA /0 All OWN M NOT LEGAL DESCRIPTION OF PROPERTY' CAL LAHAN11LOT 15,: ALSO PART OF LOT 14, CITY AND TOWNSITE OF ASPEN.;. PARCEL ]D: � 2. EXISTING CONTOURS ILLUSTRATEDEREIN INCLUDE SURVEY TOPOGRAPHY BY SOORIS ENGINEERING- 3. PROPOSED CONTOURS ARE AT 1.0 FT INTERVALS. or, 4; GRADE LANDSCAPE AND HARDSCAPE SURFACES AROUND BUILDING PERIMETER AS NEEDED TO PROVIDE POSITIVE DRAINAGE AWAY FROM EXTERIOR WALL. SURFACE RUNOFF TO BE DIRECTED TO SHALLOW LANDSCAPES SWALESAND/OR RAIN GARDENS. 5. THIS PROPERTY IS SITUATED IN ZONE "Xm WHICH ARE AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOOD PLAIN AND ZONE "AE ."WHICH ARE AREAS . SUBJECT . BJECT TO INUNDATION BY THE I% (100-YR STORM) ANNUAL CHANCE FLOOD EVENT,. BOTH AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.'M.A., FOR PITKIN COUNTY COLORADO, COMMUNITY -PANEL NUMBER 08097CO2,04 C, EFFECTIVE DATE: JUNE 4,1987. PROPOSED OFFSITE STORM 6. UD-SPREADSHEET WAS USED TO DETERMINE RUNOFF COEFFICIENTS FOR ALL POST DEVELOPMENT DRAINAGE BASINS. / ,� SEWER -SEE SHT. C4 FOR PLAN AND PROFILE INFORMATION 7. A MINIMUM TIME OF CONCENTRATION WAS ASSUMED FOR ALL ONSITE DRAINAGE BASINS. 8. ALL ONSITE STORM PIPES TO BE PVC SDR-35, OR HDPE SMOOTH INTERIOR WALL. 9. WATER QUALITY BASINS AND PROPOSED TREATMENT FACILITY IS SUBJECT TO REVISIONS BASED ON FINAL SITE PLANS AND DRAINAGE DESIGN. LEGEND: PROPOSED ONSITE 1'CONTOUR 7900 PROPOSED ONSITE 5' CONTOUR — — EXISTING ONSITE VCONITOUR —7900— EXISTING ONSITE 5' CONTOUR EXISTING PROPERTY LINE POST DEVELOPMENT OFFSITE DRAINAGE BASIN POST DEVELOPMENT ONSIT IN PROPOSED STORM PIPE PROPOSED MANHOLE QD PROPOSED DRY WELL SWALE FLOW ARROW WATER QUALITY TREATMENT FACILITY (BIO-RETENTION CIELUSAND FILTER) GRAPHIC SCALE 0 15 30 60 ( IN FEET) I inch= 30 ft. 120 Cn >m z z w w 0 _j z cr- ui Z < cv) C,) Uj ODVo Uj Uj 0 D, z z z LJ.J 0 2 z r26 00) co _� LL CC 0 (a d z z M 14r CL z Uj 0Qom. C3 09 Q_ LLJ 0 LIJ Lu 0 > 0 C) z LLJ CL Q Uj < i__m z S W LIJ U j Q_ Q_ LL LLJ U) 0� 0 CL z U_ LU in Uj z Lu aC z 0 Know what's below. Call before you dig. 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'..., �.. , \ ", ,� .. . ., " . . � , , , ,\ , . � � � I ........ I . � ,.\ .: - , � , � . , _� \ % "". . "'' - , \ \ ,� � I , 1..,� , " I , 1� � - \� -� \�-,�57,�,�-\ NOTE: , - 11 I : : .. - . I I . \ .. � - -:��-,--,--,--,�, , \ "\,:- ----Z��, \ �� ,., , _>-X,,_ DATE: MAY-201 5 ---,-,�,\ JOB NO. 12221 I THESE PLANS ARE CONCEPTUAL OR ILLUSTRATIVE IN NATURE. PRECISE INFORMATION SHALL BE PROVIDED AS PART OF THE . � BUILDING PERMIT APPLICATION, AND IN SITUATIONS WHERE THE FINAL PUD DEVELOPMENT PLANS AND APPROVED 1 I SA ET C3 I . . BUILDING PERMIT DIFFER, THE APPROVED BUILDING PERMIT SHALL RULE. (PER REQUIREMENT #12 OF THE NOTICE OF I � . . I . . . . I Ap I . I PROVAL R . .....,..%...-.�.:.,�,4WDON4�W3.) , I . - .. ... . . . I . I.. I I . I . . . .. . .1 . .. I I .. . . I I I 1. .. . I I ... . . ... - . . . ''I I I . .. . ...... I . .. I I . � . . . .. . .. . .. . . . ... . . � . .. . I I . . . . ... I I . . . .. 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STA: 0+00.00 TYPE"C"INLET RIM ELEV= 8030.00' INV OUT= 8026.80' MH-1 STA: 0+91.54 4' DIAM. MANHOLE STA: 0+72.26 RIM ELEV= 8030.13' END TRENCH DRAIN STA: 3+44.78 TRENCH DRAIN INV IN= 8026.53' RIM ELEV= 8029.85' END TRENCH DRAIN INV IN=8024.12' INV=8028.95' PROPOSED LEGEND RIM ELEV= 802316' INV OUT= 8023.92' ,. + 036 INV= 8022.3 ' STA: 3+20.22 MH-3 SEA: 3+02 84 - + . S A:1+56.66 BEGIN TRENCH DRAIN . . . . . . . . . . . . . . .APPROX. LOCATI N OF . . . . . - 4' DIAM. MANHOLE. - - 4' DIAM. MANHOLE . . . . . . . . PE "C" INLET . . . . . . . RIM ELEV= 8.30.09' . . . PROPOSED 1' CONTOUR PROPOSED G LINE BEGIN TRENCH DRAIN RIM ELEV= 802 74' PROPOSED GRADE RIM ELEV= 8028.29' RI ELEV= 8028.46' INV= 032 5220 PROPOSED 5' CONTOUR . . . . . . . . . . . . . . . . . . . .. . . . . . . . INV= 8023:54' . . . . . . . . . INLET #2 INV IN 8019.37' IN V !N= 8016.5 . . . . = = 0.00' . INV IN .802 I I IN= 8022.0T OUT= 802187 - �� , _ _ _ - . . . . . . . . . . . PROPOSED TRENCH DRAIN M -4 STA: 3+69:36 INV _. 016 2' INV OUT= 8019 8Q - - - PROPQSED STORM SEWER ., _ .Rf :ELEV: 8021:18 `. .. ... .. ...r. .. ... .. .. �- �. _ - - .. PROPE?SED STORM INLET TRENCH DRAT . INV IN=8018.67' �- ' .. ... " . P PIPE @-3.0095 2 4 P M MANHOLE PROPOSED S T R E P O IN IN- 8011.38: - ,. . V OUT-8011.18... _ x...., .q,94% ... . . . . . EXISTING GRADE.. . . . . . . . Q ::. _.Q .. i.6'L F, 34. R P PM.6 @ 3:00% . ... ? PROPOSED SWALE FLp1NLINE. �. • �-U.3596 : . P5T 020 ® PROPOSED TRANSFORMER 10001��-... . -._ - 9.4 L.F. NG WATER MAIN ............:.:. . 24' RCR P @ -3.009E L F IPE . .... ......... ... ....... ........ ........ ....... .... ........ :. :':'•'•. PROPOSED CONCRETE 109.3 16 ` .,. .'' PROPOSED ASPHALT OVERLAY . . . . . . . . . . . . . . .:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . PROPOSED RETAINING WALL 62.5 LF. 24" RCP PIPE @ -3.00% Q12 PROPOSED ROCK RETAINING WALL gr y.c jf , , s= ONSITE CONSTRUCTION NOT PART ROW PLAN) . . . . . . . 324:0 L.F. 24" RCP APPROX. LOCATI N OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PIPE @ 6.30% PROPOSED WATE LINE 04 . . . . . . . . . . . . . . . . . . . . . . . . APPROX. LOCATION OF - 976 979 pp m C i^.:. m � in n SSS Rt>. f� a•9 p Q..{ p CO M -N to W ;S1 N W O^f 0R; ^ Lf1 M C i:1 __pQp EXISTING LEGEND . - r'3 _ 6 VI •((t;;��i N 1-4 N T Ln � rl" � q N lEi - i'4i irpp-1 r N r: YN 00 00 vq N 0 o C+i N 00 N N m N Cpp".i QQN N9 M N pN N fYJ p�p �` W CfA i 60 00 00 - 00 C'f9 00 00.. oq .00 ik9 co a0 Of% 00 , ...,,...........:.�. ,,..... ....................... -�- EXISTING 1 CONTOUR "5220 - -�-- EXISTING 5' CONTOUR 4+00 #50 3+00 2+50 2+00 1+50 1+00 0+50 0+00 - - - - - - - - EXISTING EASEMENT SOUTH -BEST STORM SEWER SYSTEM PROFILE = -�- EXISTING PROPERTY LINE EXISTING SETBACK EXISTING ASPHALT NOTES: 1. THESE PLANS ARE CONCEPTUAL OR ILLUSTRATIVE IN NATURE. PRECISE INFORMATION SHALL BE PROVIDED AS PART OF THE BUILDING PERMIT APPLICATION, AND IN SITUATIONS WHERE THE FINAL PUD DEVELOPMENT PLANS AND APPROVED BUILDING PERMIT DIFFER, THE APPROVED BUILDING PERMIT SHALL RULE. (PER REQUIREMENT #12 OF THE NOTICE OF APPROVAL RECORDED ON 7/24/13.) 2. PER PREVIOUS APPROVAL DOCUMENTS ADDITIONAL (ORD. NO.2 SERIES 2010, SECTION 11) ADDITIONAL ROW IMPROVEMENTS WILL INCLUDE THE INSTALLATION OF TWO SPEED TABLES ALONG LITE AVENUE. ONE ATTHE LITE TRAIL CROSSING AND THE OTHER LOCATION TO BE APPROVED BY THE CITY ENGINEER. 3. ALL EXISTING UTILITIES TO BE FIELD VERIFIED PRIOR TO CONSTRUCTION. MH-3 4' DIAM. MANHOLE STA: 0+0000 PROPOSED TYPE C:INLE'f 8030 .8030 STA:0+34.38 RIM ELEV= 25Z4 . INV= 8019:3 ' RIM ELEV= 8625.W INV= 8022.75' 8025 8025 APPROX. LOCATION OF _ EXISTING UTILITY LINE 8020 8020 APPROX. LOCATION OF 801E 801E EXISTING WATER MAIN ry $ r00 $ 31.E L.F. 24" RCP @ 10.76% r.1 c 00 00 00 00 APPROX. LOCATION OF EXISTING SEWER MAIN 0+00 0+35 UTE AVENUE - INLET #2 PROFILE 8035 8030 PROPOSED TY C INLET STA. 0+29.32 RIM ELEV= 8027.08' INV= 8023.08' 8025 APPROX. LOCATION OF EXISTING GAS LINE 8020 26.3 L.F.18" RCP @ 2.00% APPROX. LOCATION OF EXISTING WATER MAIN APPROX. LOCATION OF 0+00 0+30 EXISTING SEWER MAIN UTE AVENUE - INLET #1 PROFILE 8035 8030 8025 8020 4' DIAM. MANHOLE STA: 0+00.00 . RIM ELEV= 8028. ' rn N C, No W 00 W H Q co J Q Z c m m � � W m Q W z Z -S U 11 M W _ 0 0 U V J J Q9 z cc LW LIJ Z 0 Z L1 u w I- p PH Q I co U.I 00 .- M W p .- o U96 zQ�o Q p � MZr•Xy c ca T- u- Q U z z z L 0 ui 00 0 Ci) > 2 ED LU W n " CL ci W CL W <. u- 11JLu �. �. C- L.L i C� a.:. ' z L.L C)� Lli Q 0 LLJ z i-- W U) u- LL 0 Know whafs D@IDW. Cali before you dig. DATE: MAY-2o15 - CALL 2-81USINESS DAYS IN ADVANCE . JOB NO. 12221 BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MEMBER UTIUTIESERGRWND SHEET C4 NOTPH E: i . : THESE ; HES€PLANS .ARE CONCEPTUAL OR ILLUSTRATIVE IN NATURE. PRECISE INFORMATION SHALL BE PROVIDED: AS PART OF THE " � ' E ;;ND EXL TIN L � , BUILDING PANDI - . L S G z PERMIT APPLICATION -INS SITUATIONS , iT .IONS WHERE THE FINAL DEVELOPMENT PLANS AND APPROVED- - t BUILDING PERMIT - APPROVAL DtFfER THE APPROVED BUILDING PERMIT SHALL RULE. (PER REQUIREMENT L I E EQ lRENIENT #12 OF THE NOTICE ,-.._- ;,_.._,.-- _ OP^ •........... ......_:�,_..... , , ,A . . - — - ± m w__ RECORDED ON 7/24/13:) fl — _ (-h �,,..,,,.....•._....._....�.....__.-.. <,,,,� -, r EXISTINGWATER pv ch EXISTING TRANSFORMER AND SPLICE VAULT r , , ! ",: `: \- - —• _ t R> ---- - - EXISTING SANITARY SEWER LINE I� N PROXID...E$: SERVICE TO POWDER HOUSE CONDO ASSOCAT'1 TO s "' r��.<�l''<> ~--"" \ + • N/.� . , .. .. .. .: "bror:M. cry .. <�•/'<: •2.,.:^ •V BUIEDtNCi'RERMI APPLICATION THE'DESIGN'TE/VM idV11L CafXR4 I.NAT 11III.TH " --- tis EXIS FIfdG:6 SANITARY SEWER LINE ~ . Y., a �;: F10LYCRC :BNERGY=.ON DETERMtNI�tG:THE '.FEASIB fTYQ. RELQCATI. fa..TH, '`. :'.,." t :. < ".<' k . ri! IL.. t= ... H ....E ;. a. ,ti, M• s,. Y /tr .' � - E1(ISTfN48 SANITARY SEWERMAIN LTI 0 01 EXISTING TRANSFORMI R::OUTSIDETHESTREAM A+IA. IN : RE 2. RGI. A.. A. . 10 O to rA!ar ;,� EXISTING ETC:COMMON TRENIGH �+ " EXISTING7EILEPHONE __.�... EXISTING TELEPHONE &CABLE: PRIOR TO: ' tt 0 _ « ..:.:, � BUILDINGPERMIT APPLICATION THE DESIGN �a� EXtS`fING ELECTRIC t ">� R E NEW TELE & CABLE TEAM WILL COORDINATE WITH CENTURY UNIT € EXISTING OVERHEAD ELECTRIC \ EXTEND ELECTRIC SUPPLY & COMCAST TO DETERMINE THE FEASIBILITY "f I SERVI OM PEDESTAL ,,w�, ,, EXISTING CABLE TO PROPOSED , „_ w .;. , �; O OF RELOCATING THE SERVICE LINES OUTSIDE 0 a1 TRANSFORMERSYSG t 5 TO A ODATE ....--�•:: •...�••�:-.....:.....-�--�`.. � �. •� . � y ' G ADJUST .,._ FOR ��'� THE STREAM MARGIN AREA. � Q N "-- � -'� Ll EXISTING -GAS \ „�' { / TRAI ''""• „ EXISTING FIBER OPTIC {; RELOCATE EXISTING PHONE i - �•� E•, ,E \ �' �,�, \ EXISTING STORM SEWER L� I--� LTI PEDESTAL#1288 °�{ - - �; ` — - - — - - — - EXISTING EASEMENT H TOP-GEi'dP-GE SLOR�``�,� EXISTING PROPERTY LINE w EXISTING SETBACK W Ct PROPOSED LOCATION OF '(( RELOCATED TELEPHONE ,z�G" ' �`. \ \ -•—•— _—•—•— EXISTING WOOD FENCES ENCE O ADJUST EXtSTi CAV. PEDESTAL #1288 WA ER SERVICE TO 3 x EXISTING WIRE FENCE ~ &PHONE PEDESTALS,. 0 �• -` � I--� I C DO UNITS 1-5 #' `cn ELEC TELE & CABLE SERVICE S ( t FINAL GRADEAND-EXTENp `. , - — — — — — — — EXISTING CHAIN FENCE N (� TO CONDO UNITS 1-5 I;Is��`" t� SERVICES AS ILLUSTRATED`` EXISTING ROCK WALL W SANITARY SEWER SERVICE ` S SERVICE TO i `" k1 EXISTING ELECTRIC MANHOLE Z ro O) YY' TO CONDO UNITS 1-5 UNIT 1 .. UNIT 2 UNIT 3 C DO UNITS 1-5 I i """ SANITARY SEW VICE ` {(j EXISTING DRAINAGE DRY -WELL Q CONDO UNITS'6- EXIS G WR. MAIN �- {: EXISTING MANHOLE }� w UNIT 4 ', TI G TELEPHONE MANHOLE 0 >- 1 Tier ' "`'�`� \ ) en EXIS N LE w m p �►. HOLE w I e , y EXISTING UTILITY MAN Y UNITS tZ7 1OH°'` » ` EXISTING GUY WIRE w N N OF SLOA�SET . ,\.. W d1 EXISTING POWER POLE 0 _ t] 0 U Q - a '-�"` ---�,, GAS, ELEC, TELE & s `� `` EXISTING FIRE HYDRANT CABLE SERVICE TO I 4 h w " _ 8-95 I CONDO UNITS "" w`8„ % u _�.6-10 .....,..,._ ;; o ; S r _ EXISTING WATER VALVE N t „rWE �, r v , E Ch WATER ~-. EXISTING CURB STOP J PROPOSED 208 . - --- _I 4 SERVICE TO I� ;� M ry y. EXISTING GAS METER TRANSFORMER .h' t f # _ - . u!�x;;>v #I ;F t -f y X�31 ', i i r ~� E CONDO,.,, s.. <: "' y li, _ ., •,., r:^,? ..... " �S � ; -• -- � ''��•-•, «�� : , ,._.- � EXISTING ELECTRIC TRANSFORMER .... c; .,. } �,' .s...s-^-•r'-.... ..s-_ ....t c' s ��.... •� �,,5� ."...�UNITS6-10 '�? '"".°�`...� 4, `'s PROPOSED ! # # f f # # ;. _._ •w ( is os EXISTING ELECTRIC METER Z co PRIMARY N / SANITARY SEWER SERVICE TO < _ ; 3 f # I ( �^-- `> --�Ls t Lil EXISTING TELEPHONE PEDESTAL Z cg � TRANSFORMER -- ' / / I= CLUB & AHU ` 3 �:_ h,: U : ,� ." > — _ EXISTING CATV PEDESTAL- t1J Q ~ EXISTING SANITARY SEWER TO BE u^ Y w. IT 6 � C%3 �, .._.... ? W q 0 Q # s ABANDON UPON COMPLETION OF yyJ -�- U EXISTING SEWER CLEANOUT Z J V o RELOCATED LINE r ` '`•�,' �c UNIT 7 �a�w EXISTING LIGHT POLE Vr I� I� EXISTING SIGN Z Z Imo. C Z. 4 �.� / �. _ f # / f """ -,_ -_ .. ra •�• �"",tia: � A. ": r" (�„ ,,.....-.. UflN / � ( Q ^` Q7 ,iX t T EXISTING INLET V O� x EXISTING SEWER MAIN �^� ( � ;� f / { I r f r �- .... '•: ,�� ,. �` -� 8 '<v 1 � EXISW Q 0 t1 1 1` l ;7% " _?3 / { sf ( i s r f f \ �.\ f 1 ' 1 J. CD MOO` U ' l ESMN , / i i • 1 i =` R E J J ` 0 NIT 10 ELEC, TELE, SEINER & CABLE SERVICE TO ".; { s CONDO UNITS 11-14 .:� PROPOSEDLEGEND PROPOSED r . a i is.<# „` ; _ »% / _ e f; ��• `" •;�>; h # PROPOSED WATER SERVICE (SIZE TBD) OLECTRICAL SERVICE r TO CLUB .hi a �ss a,•ss — PROPOSED W SANITARY SEWER MAIN w " < EI.. Q GENERAL UTILITY NOTES: - t ;,t�" ' � �.'.s.._ �. '`- g �•...� ._.. r .,._, ,F, �` :.a.. ';��`z( f� �. ETCG PROPOSED ELEC, TELE, CABLE, GAS o JJ t f{ 1! t ! r VICE 1. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATIO Ug PROPOSED GAS r f °° PROPOSED G t --- ' �;#.::.:�::.: �- >I " -�"-.", r ��.� �" r _--..,...• �. "l � . �x � TO UNITS 11 14 k OF UTILITIES PRIOR TO CONSTRUCTION. PROPOSED STORM SEWER m — — — — — — — — — — — PROPOSED SANITARY SEWER EASEMENT 1 _ WATER SERVICE TO j" -• s; s _, 2. THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON A SURVEY AND UTILITY X PROPOSED UTILITY ABANDONMENT f CONDO UNITS 11-14 l ` t PROPOSED COMPANY MAPPING. THESE UTILITIES AS SHOWN MAY NOT REPRESENT ACTUAL FIELD CONDITIONS: IT IS \ � PROPOSED WATER SERVICE � .�`;�,; i� � O :J:?; PROPOSED'DRAINAGE DRY -WELL TELEPHONE & CABLE UNIT 11i %J l I N• ( T RESPONSIBILITY F TH ' NTRA TOR TO OBTAIN LOCATES OF ALL EXISTING UTILITIES PRIOR TO \ I I LINE FROM CLUB , 1 UNIT 1 ' HE0 E CO PROPOSED SEWER MANHOLE FIRE HYDRANT SERVICE LINE ~" "" SERVICE TO CLUB ,f TOWNHOME UNITS. AS AN ;�.i ', l � 'CONSTRUCTION. ALTERNATIVE TO INSTALLING EXISTING ELECTRIC ,. f PROPOSED FIRE HYDRANT :. j THIS SERVICE LINE,. TRANSFORMER. _= f =.; b' y, 3. ALL UTILITIES BOTH UNDERGROUND AND OVERHEAD, SHALL BE MAINTAINED IN CONTINUOUS SERVICE !I I = TOWNHOME SERVICE MAYBE (ABANDON PER UTILITY ,' , # f t � '� ,, � ,,: - PROPOSED WATER VALVE _:.,. IWv PULLED F RE DRAM J , THROUGHOUT THE ENTIRE CONSTRUCTION PERIOD. THE CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE ,�y � # �t � X ,;;,, _ PU FROM HYDRANT OWNERS SPECIFICATIONS) �.� s. ,1 .�; 3 .' � ;•:at::;t( = l = s • / < /" " ! SERVICE LINE IF REQUIRED ;-"� :. INTERRUPTION: F ERVI E A ED BY THE CON.STR CTION. y„,� I FOR ANY DAMAGES T0; OR UPTIO O , S CSC US U PROPOSED ELECTRIC TRANSFORMER \ METERING IS PROVIDED. PROPOSED GASH 11 �' SERVICE TO CLUB I ;a / . UNIT 13 m PROPOSED TELEPHONE PEDESTAL - EXISTING UTILITY EASEMENT "` ` ' m i 4. THE CONTRACTOR SHALL CONTAIN HIS CONSTRUCTION OPERATIONS TO WIl HIN THE SITE BOUNDARIES. THE , .; POSED CATV PEDESTAL: Q' PRO ` . ; : ,. � .,; . • ;,�. CONTRACTOR SHALL. NOT .OPERATE OUTSIDE TH'IS.'AREA-WITHOUT THE:PRIOR:EXPRESSED CONSENT OF THE E f # � � . ff� ti t jj _"��y) �"'�• �� ; , `PRCPOSED SEWER CLEANOUT � EXIM, NIG IITI I Y EASEMENT OWNER OR PUBLIC. UTILITY REPRESENTATIVES.'. f» : PROPOSED POSE STORM INLET �\.. .._ ...W fi " "__ •.. 6 y - 5 DAMAGE ANYT PUBLIC OR PRIVATE PROPERTY BY THE CONTRACTOR OUTSIDE THESE LIMITS WITHOUT THE UNIT 14 r =0 E g PERMISSION OF THE PUBLIC OR PRIVATE OWNER OR UTILITY COMPANY REPRESENTATIVES WILL BE THE RESPONSIBILITY OF THE CONTRACTOR. 0. ;• : x;, r% p 7 6. THE INSTALLATION OF WATER SERVICES SHALL BE IN ACCORDANCE WITH THE ASPEN WATER DEPARTMENT \ \ / STANDARDS. /�`�, 7. ALL WATER SERVICES SHALL BE INSTALLED WITH A 7' MINIMUM DEPTH OF COVER EXCEPT AT THE 2-INCH. GOOSE NECK WHERE A 6' MIN. COVER IS REQUIRED. IF GRADE CONFLICTS OCCUR WITH EXISTING UTILITIES, 5 -- , 4 " THE PROPOSED WATER MAIN GRADE CAN BE VARIED PROVIDED THAT THE MINIMUM DEPTH OF COVER IS ji \ ` I " = J = = MAINTAINED. \ 8. THE CONTRACTOR SMALL INSURE THAT ADEQUATE BACKFLOUV PREVENTERS AND AN APPROPRIATE °z PRESSURE REDUCING VALVE WILL BE INSTALLED ON THE NEW WATER SERVICE CONNECTION TO THE PROPOSED FACILITIES. , -�.."__ ; t � 'Y �� `~•-•-..--�I+ � € , 9. ALL WATER SERVICESSHALLINCLUDE A CURB STOP OR OTHER ISOLATION VALVE LOCATED TO PROVIDE RELOCATE/ABANDON,. FIRE HYDRANT PER CITE `''* /'� '`~1.. `` ' = " J i f ACCESSIBILITY. OF ASPEN WATER .; - _ _ . �" ''I ;, " +� " " _ t J f DEPARTMENT SPCIFICATIONS \It z E :. , `'" " t '_ i \ w L _ 10. ALL WATER SERVICE CONNECTIONS 10 BE PERFORMED BY AN AUTHORIZED CONTRACTOR APPROVED BY THE ASPEN WATER DEPARTMENT. \� F— ROUTE GAS SGE ••� �� \ " '.,,j 11. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATION SCHEDULING AND INSTALLATION OF WATER THROUGH SITE AS REQUIRED 1 '�; � -• ~�•.. ;=� SERVICE, SANITARY SERVICE, ELECTRIC, CABLE TELEVISION, GAS AND TELEPHONE UTILITIES PURSUANT TOLU SPECIFICATIONS AND UTILITY SERVICE AGREEMENTS WITH THE UTILITY PROVIDERS, Q 12. ALL SEWER LINE CONSTRUCTION SHALL BE IN ACCORDANCE STANDARD UTILITY CONSTRUCTION PRACTICES z AND THE APPROVAL CONDITIONS OF THE ASPEN CONSOLIDATED SANITATION DISTRICT. < _1 : f \ ALL UTILITY SERV ?: ``,. `•�.;,„._ `"``•-•-_..-„" �s•FOEI~AFFORDABLE � W 0 . ` HOUSING-UNITSTO BE ROUTED 13. SEWER SERVICE CONNECTIONS AND LINE LOCATIONS TO BE MARKED AND SURVEYED. SEWER SERVICE .�""�+' _! � ` �` N •`"4•� t -. "•••'••..:,,," THROUG`FF`MAII�;,"CLUB FACILITY ' -" "` " `�" .f "•" f CONNECTIONS AND/OR TAPS TO BE APPROVED AND OBSERVED BY THE ASPEN CONSOLIDATED. SANITATION 06 ROUTE WATER SERVICE TO DISTRICT PERSONNEL. MECHANICAL ROOM .. J Q ©; 14. ALL EXISTING UTILITIES MUST BE POTHOLED PRIOR TO EXCAVATION. � U JI 16: ALL WATER SERVICES TO BE SIZED TO ACCOMMODATE FIRE SUPPRESSANT SYSTEM. Z (7 U) LU 16. ALL MINIMUM DEPTHS, SEPARATION DISTANCES, MATERIALS AND/OR USE OF CONDUIT SHALL BE CONFIRMED Q_ � F"" a _.. • \ j' ' y - i i ' AND COORDINATED WITH THE UTILITY PROVIDER PER UTILITY AGREEMENTS. CL ; f GRAPHIC SCALE 17. CONTACT ,�.. `_''< ,' f "" R.•'f,:...." f ,' f ' UTILITY SERVICES MAY BE INSTALLED IN COMBINED TRENCHES PER CONSTRUCTION FEASIBILITYASLONG AS Z _.. ANDY ROSSELLO 429=4999 (CITY OF ASPEN WATER DEPARTMENT) MINIMUM SEPARATION DISTANCES AND DEPTHS OF BURY ARE MAINTAINED. INSTALL WARNING TAPE OVERALL 30 D to 30 so 120 TOM BRACEWELL 925-3601 (ASPEN CONSOLIDATED SANITATION DISTRICT) \ �'y� ! - ---- _ �- """- - . _ __•W. 1 UTILITY LINES. V JEFF FRANKE 945-5491(HOLY CROSS ENERGY) MICHAEL JOHNSON 930-4713 (COMCAST)r JASON S14ARPE 384-0238 (CENTURY LINK) �i \ JOHN MOORE, Jr 4%-6061(SOURCE GAS) NOTES: " WHEN 10-FT SEPARATION OF SANITARY SEWER AND WATER SERVICE LINES CAN NOT BE ACCOMMODATED THE SEWER SERVICE MUST BE PLACED A MIN. OF 18-INCHES BELOW THE WATER SERVICE. PIPE BEDDING MATERIAL FOR ALL UTILITIES MUST CONSIST OF 6' MIN. CLASS 6 AGGREGATE BASE COURSE MATERIAL BELOW AND ABOVE; COMPACTED TO 95°!° STANDARD PROCTOR DENSITY. � \ r r l 0 ( IN FEET) 1 inch = 30 ft. Z �.: M Know what's below. Gall before you dig. DATE: MAY-2015 CALL 2—BUSINESS DAYS IN ADVANCE JOB NO. 12221 iEFORE YOU DIG, GRADE. OR EXCAVATE FOR 1LiE OF SHEET �: MEMBER muUI�NESERGROUND 5 W/D W/D DW DW W/D REF FD FD REF UP DN UP DN UP DW DW W/DFD REF DW W/DFD REF UP DW FACP UP DW FACP UP Lot 15-E L O T 1 5 - A ( E V E R Y T H I N G N O T B E I N G L O T S 1 5 - B T H R O U G H 1 5 - E ) L O T 1 5 - D 3 1 , 6 5 5 S Q . F T 0 . 7 2 7 A C . L O T 1 5 - E 1 1 , 5 0 3 S Q . F T 0 . 2 6 4 A C . C A-200 1 A-2003 1 A-302 E H J 6 1 7 2 3 A DB F 5 C G 4 A-202 4 A-202 3 A-202 1 A-202 2 A-201 2 A-2011 KITCHEN STUDIO MEN'S LOCKER ROOM CLUB ENTRY CLUB LOUNGE STORAGE OWNER'S LOUNGE VESTIBULE SPA CORRIDOR OPEN TO BELOW MECHANICAL STAIR 6 ELEVATOR 3 Pool 1 A-301 1 A-303 2 A-301 2 A-301 2 A-302 STUDIO MODALITIES LOBBY CO R R I D O R VESTIBULE MEN'S EXEC LOCKER MATCH LINE ELECTRICAL STAIR 4 OFFICE CARDIO AHU STORAGEMODALITIES CARDIO MODALITIES MODALITIES RECEPTION ENTRY MODALITIES #11 MODALITIES #10 MODALITIES #9 MODALITIES #8 WORK AREA MODALITIES #7 MODALITIES ADMIN MODALITIES #1 MODALITIES #2 MODALITIES #3 MODALITIES #4 MODALITIES #5 MODALITIES #6 PRO SHOP JUICE BAR ELEVATOR 1 STAIR 1 PATIO CHNG ROOM J. B. STOR CONCIERGE OFFICE VESTIBULE STAIR 7 WC WC ELEVATOR 2 ELEVATOR MECH. STORAGE STAIR 2 STAIR 5 / SEE SHEET 1 A-101A / SEE SHEET 1 A-101B 16' - 4" 8' - 8"60' - 0"15' - 4"60' - 4 1/2"22' - 10 1/4"38' - 3 1/4"22' - 0" 243' - 10" Owner's Patio Spa RESTROOM SHOWER WC WC CORRIDOR STEAM MECH WC WC MECH VESTIBULEVEST VESTIBULE STORAGE JC PILATES UNIT 16 CORRIDOR 1 2 3 4 5 6 7 8 9 10 11 12 40' - 6" 61' - 4" 50' - 2 1/2" 11' - 5 1/2" 35' - 6 1/2" 11' - 1 1/2" 210' - 2" ELEC. STAIR 8 UNIT 1 PROPERTY LINE MEZZANINE RAILING A-509 1 A-509 5 OCCUPIED SPACE BELOW A-200 2 A-421 1 C C C C H H C C H H C C C C OCCUPIED SPACE BELOW 9 A-510 18' - 0" 12' - 0" 4242 42 42 42 B A KEYPLAN EXISTING WALL NEW WALL FLOOR PLAN LEGEND NOT IN CONTRACT IN-WALL BLOCKINGOCCUPIED SPACE BELOW PROJ. NO. DRAWN: CHECKED: DATE: © OZ ARCHITECTURE SCALE: SHEET NUMBER SHEET TITLE: ISSUED FOR: APPROVED: 3003 Larimer Street Denver, Colorado 80205 phone 303.861.5704 www.ozarch.com 6/13/2017 2:35:06 PM C:\Revit Local Files\115079_Aspen Club_AC_A15\115079_Aspen Club_AC_A15_dvertuca.rvt As indicated AS P E N C L U B & S P A 1450 Ute Ave Aspen, CO 81611 115079.02 OZ OZ 03/30/2017 FOR CONSTRUCTION REFERENCE PLAN - MAIN LEVEL A-101 ASPEN CLUB & SPA OZ SCALE 1/16" = 1'-0" 1 MAIN LEVEL REFERENCE PLAN planter planter planter 0'8'16'32'64' 42 6-12-17 ASI 017 KIT/OWN UNIT 15UNIT 16 BED 2 BED 4 BED 3 L.O. BED 1 L.O. BED 1 BED 2 BED 4 BED 3 EXISTING PERMIT CONDITIONS 2,682 sf 167 sf 167 sf 2,682 sf Exhibit 11.1 W/D W/D DW DW W/D REF FD FD REF DW W/D REF FD FD W/D REFDW DN DN DN DN DW DWDW DW DW W/DFD REF DW W/DFD REF REF DW DW W/D REF FD DW W/D REF FD DW FACP DW FACP Lot 15-E L O T 1 5 - A ( E V E R Y T H I N G N O T B E I N G L O T S 1 5 - B T H R O U G H 1 5 - E ) L O T 1 5 - D 3 1 , 6 5 5 S Q . F T 0 . 7 2 7 A C . L O T 1 5 - E 1 1 , 5 0 3 S Q . F T 0 . 2 6 4 A C . C A-200 1 A-2003 1 A-302 E H H J 6 7 2 3 A DB F 5 C G 4 A-202 4 A-202 3 A-202 1 A-202 2 A-201 2 A-2011 1 A-301 1 A-303 2 A-301 2 A-301 2 A-302 MATCH LINE STAIR 6 ELEVATOR 2 STAIR 7 CORRIDOR ELEVATOR 1 STAIR 1 SERVICE ENCLOSURE DECK DECK DECK DECK STAIR 8 HC / SEE SHEET 1 A-102A / SEE SHEET 1 A-102B 16' - 4" 8' - 8" 60' - 0" 15' - 4" 60' - 4 1/2" 22' - 10 1/4" 38' - 3 1/4" 22' - 0" 243' - 10" UNIT 20 UNIT 18 UNIT 17 CORRIDOR LOADING DOCK DECK STORAGE 5' - 2" OWNER'S DECK MECH. 210' - 2" 40' - 6" 61' - 4" 50' - 2 1/2" 11' - 5 1/2" 35' - 6 1/2" 11' - 1 1/2" UNIT 2 ACCESSIBLE PROPERTY LINE 1 A-003 IDF 209 A-509 4 A-509 4 A-509 4 C A D C C C A D B C C A D D G G C C G G A D D A C C A D D A G A-503 1 A-503 1 B A KEYPLAN EXISTING WALL NEW WALL FLOOR PLAN LEGEND NOT IN CONTRACT IN-WALL BLOCKING PROJ. NO. DRAWN: CHECKED: DATE: © OZ ARCHITECTURE SCALE: SHEET NUMBER SHEET TITLE: ISSUED FOR: APPROVED: 3003 Larimer Street Denver, Colorado 80205 phone 303.861.5704 www.ozarch.com 3/30/2017 9:41:43 AM C:\Revit Local Files\115079_Aspen Club_AC_A15\115079_Aspen Club_AC_A15_dkalkman.rvt As indicated AS P E N C L U B & S P A 1450 Ute Ave Aspen, CO 81611 115079.02 OZ OZ 03/30/2017 FOR CONSTRUCTION REFERENCE PLAN - UPPER LEVEL A-102 ASPEN CLUB & SPA OZ SCALE 1/16" = 1'-0" 1 UPPER LEVEL REFERENCE PLAN 0'8'16'32'64' BED 4 BED 2 BED 3 L-O BED 1 L.O. BED 1 BED 2 BED 3 BED 2 BED 4 BED 3 L.O. BED 1 EXISTING PERMIT CONDITIONS BED 4 L.O. BED 1 BED 2 BED 4 BED 3 UNIT 19 (ACCESSIBLE) 2,760 sf 2,711 sf 131 sf 175 sf 2,723 sf 198 sf 2,723 sf 198 sf UP DN DN UP UP UP DN UP UP UP UP E H J 6 1 7 2 3 A DB F 5 C G 4 OPEN TO BELOW Pool MATCH LINE / SE E S H E E T 1 A-10 1 A / SE E S H E E T 1 A-10 1 B 16' - 4" 8' - 8" 60' - 0" 15' - 4" 60' - 4 1/2" 22' - 10 1/4" 38' - 3 1/4" 22' - 0" 243' - 10" Sauna 40 ' - 6 " 61 ' - 4 " 50 ' - 2 1 / 2 " 1 1 ' - 5 1 / 2 " 3 5 ' - 6 1 / 2 " 1 1 ' - 1 1 / 2 " 21 0 ' - 2 " STAIR 9 10'-0" E ASEM E NT PROPE RTY LI NE PROPERTY LINE OCCUPIED SPACE BELOW A-421 1 LOCK-OFF LOCK-OFF ADA PATIO PATIO Stor AHU STORAGE 18-23 ELEC. 18-25 SPA DEHUMIFICATION 18-24 BANQUET STORAGE 18-18 ELEC. 18-27 CATERING STAGING KITCHEN 18-28 BANQUET STORAGE 18-09 BANQUET STORAGE 18-16 ELEC. 18-30 COATS / STORAGE 18-31 GUEST RELATIONS MANAGER 18-33 CART STORAGE 18-37 STAIR 10 S110 STAIR 5 S105 ELEV. 3 E103 STAIR 3 S103 ELEV. 2 E102 STAIR 2 S102 STAIR 1 S101 ELEV. 1 E101 STAIR 7 S107 STAIR 8 S108 B A KEYPLAN EXISTING WALL NEW WALL FLOOR PLAN LEGEND NOT IN CONTRACT IN-WALL BLOCKING OCCUPIED SPACE BELOW PROJ. NO. DRAWN: CHECKED: DATE: © OZ ARCHITECTURE SCALE: SHEET NUMBER SHEET TITLE: ISSUED FOR: APPROVED: 3003 Larimer Street Denver, Colorado 80205 phone 303.861.5704 www.ozarch.com 6/ 1 6 / 2 0 2 2 2 : 1 0 : 0 3 P M BIM 360://120210.00 Aspen Club - CONFIDENTIAL/120210_Aspen Club_AC_A21_Central.rvt As indicated AS P E N C L U B & S P A 14 5 0 U t e A v e As p e n , C O 8 1 6 1 1 120210.00 OZ OZ 06/10/2022 DESIGN DEVELOPMENT REFERENCE PLAN - MAIN LEVEL A-101 ASPEN CLUB & SPA OZ SCALE 1/16" = 1'-0"1 MAIN LEVEL REFERENCE PLAN 0'8'16'32'64' 42 6-12-17 ASI 017 KIT/OWN PROPOSED MODIFICATION BED 2 BED 4 BED 3 L.O. BED 1 BED 2 BED 4 BED 3UNIT 15 (ACCESSIBLE) UNIT 16 L.O. BED 1 (ADA) 2,682 sf 167 sf 167 sf 2,682 sf 130 sf DN DN DN x;01 x;01 x;01 x;01 x;01 x;03 x;0 3 x;0 3 x;04 x;04 x;04 x;04 x;4' Water depth x;Hot SPA x;Cold Plunge x;Lap Pool x;Shower x;3' Water depth x;4' Water depth x;Shower 6'7'7'7'1'-6" 6' 82' 5' 2' 11' 20' 100,66 sq ft 42,50 sq ft 2.037,68 sq ft UP UP UP UP E H H J 6 7 2 3 A DB F 5 C G 4 MATCH LINE DECK DECK DECK DECK STAIR 8 HC / SE E S H E E T 1 A-10 2 A / SE E S H E E T 1 A-10 2 B 16' - 4" 8' - 8" 60' - 0" 15' - 4" 60' - 4 1/2" 22' - 10 1/4" 38' - 3 1/4" 22' - 0" 243' - 10" 21 0 ' - 2 " 40 ' - 6 " 61 ' - 4 " 50 ' - 2 1 / 2 " 1 1 ' - 5 1 / 2 " 3 5 ' - 6 1 / 2 " 1 1 ' - 1 1 / 2 " PROPERTY LINE 27 ' - 0 " 9' - 8" OPEN BELOW UNIT 20 L.O. UNIT DECK UNIT 17 L.O. UNIT 8028.35 8028.35 8028.35 10 ' - 1 " LOADING DOC 18-76 ELEC. 18-77 MECHANICAL ROOF 18-78 IDF 18-79 MECHANICAL ROOF 18-80 HK CL 18-81 UNIT 18 UNIT 19 B A KEYPLAN EXISTING WALL NEW WALL FLOOR PLAN LEGEND NOT IN CONTRACT IN-WALL BLOCKING OCCUPIED SPACE BELOW PROJ. NO. DRAWN: CHECKED: DATE: © OZ ARCHITECTURE SCALE: SHEET NUMBER SHEET TITLE: ISSUED FOR: APPROVED: 3003 Larimer Street Denver, Colorado 80205 phone 303.861.5704 www.ozarch.com 6/ 1 6 / 2 0 2 2 1 : 2 9 : 4 0 P M BIM 360://120210.00 Aspen Club - CONFIDENTIAL/120210_Aspen Club_AC_A21_Central.rvt As indicated AS P E N C L U B & S P A 14 5 0 U t e A v e As p e n , C O 8 1 6 1 1 120210.00 OZ OZ 06/10/2022 DESIGN DEVELOPMENT REFERENCE PLAN - UPPER LEVEL A-102 ASPEN CLUB & SPA OZ SCALE 1/16" = 1'-0"1 UPPER LEVEL REFERENCE PLAN 0'8'16'32'64'PROPOSED MODIFICATION BED 4 BED 2 BED 3 L.O. BED 1 BED 2 BED 3 BED 2 BED 4 BED 3 L.O. BED 1 L.O. BED 1 L.O. BED 1 BED 2 BED 4 BED 3 WFH BUILDING BED 5 3,492 sf 111 sf 106 sf 476 sf 2,086 sf 134 sf 2,723 sf 192 sf 2,718 sf 192 sf 15 sf 29 sf 13 sf Public area Mech shafts- Decutions 3435sf C O WV WV H C H C H C H C C H C SH SH SH SH SISISISISI SC SC SC SC SC SC SC SC SC SC SCSC SC SC SC SC SC SC SC SC SC SC SC SC SC SC SC SC SCSC SF SE SD SE SE SD SD SD SD SD SD SD SI SD SC SC SC SC SC SI SI SI SI SI SI SI SI SISISI SI SI DN DN DN Z-002 1 Z-002 3 1 0 ' - 0 " E A S E M E N T UTE AVE. 1.5:12 1.5:12 1.5:12 1.5:12 1:12 5.1:12 5.1:12 FLAT GREEN ROOF DECK BELOW POOL SPA 1:12 1:12 1:12 Z-002 2 Z-0024 LOT 15-A/B Lodge Units 11-14 Lodge Units 6-10 Lodge Units 1-5 AHU AHU AHU 15-D 15-C Top of Slope Line Top of Slope Setback walls over 30" within setback +/- 10' over 30" of cut or fill within setback parking lot retaining wall height varies +/- 13' grade transition over 30" within setback patio walls over 30" within setback grade transition over 30" within setback related to existing grade transition and possible removal of existing transformer to be relocated outside of top of slope setback Top of Slope Line Top of Slope Setback retaining wall over 30" within setback +/- 12' over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback 15-E PROPERTY LINE P R O P E R T Y L I N E P R O P E R T Y L I N E PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE P R OP ER TY LI NE E A S T SID E B U I L D I N G S E T B A CK FRONT YARD BUILDING SETBACK REAR YARD BUILDING SETBACK EAST SIDE BUILDING SETBACK F R O N T Y A R D B U I L D I N G S E T B A C K FR O NT YAR D B UILDIN G SETBA C K WEST SIDE YARD BUILDING SETBACK W E S T S I D E B U I L D I N G S E T B A C K R E A R Y A R D B U I L D I N G S E T B A C K WEST SID E BU ILD I NG SET BAC K REAR YARD BUILDING SETBACK PROPERTY LINE FRONT YARD BUILDING SETBACK proposed transformer location E A S T S I D E B U I L D I N G S E T B A C K F R O N T Y A R D B U I L D I N G S E T B A C K WEST SIDE BUILDING SETBACK 0' - 0" adjusted 15-E Lot Line P R O P E R T Y L I N E AHU Storage Access 15' - 0" 10 ' - 0 " 5' - 0" 1 5 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 10' - 0" 30' - 0" Minimum SetbacksLot 15-A Front Yard: 30 ft 25 ft to AHU storage access East Side Yard: 0 ft West Side Yard: 60 ft to building 5 ft to retaining wall 18 ft to stair Rear Yard: 25 ft Lot 15-B = N/A Lot 15-C Front Yard: 10 ft East Side Yard: 10 ft West Side Yard: 20 ft Rear Yard: 15 ft Lot 15-D Front Yard: 5 ft South Side Yard: 0 ft West Side Yard: 10 ft East Side Yard: 20 ft Rear Yard: 15 ft Lot 15-E Front Yard: 7.5 ft East Side Yard: 5 ft West Side Yard: 0 ft Rear Yard: 10 ft 3 0 ' - 0 " 1 0 ' - 0 " 7 ' - 6 "4' - 8 3/ 4" 5' - 10" 20' - 0" 66' - 0" 5' - 3 3/8" 2 0 ' - 0 " 5' - 0" walls and grade transitions over 30" within setback related to grade transition and new accessible path to river from site - handrails for ramps will also exist on portion of this path PROJ. NO. DRAWN: CHECKED: DATE: © OZ ARCHITECTURE SCALE: SHEET NUMBER SHEET TITLE: ISSUED FOR: APPROVED: 3003 Larimer Street Denver, Colorado 80205 phone 303.861.5704 www.ozarch.com 1/9/2016 10:07:32 AM C:\Revit Local Files\115079_Aspen Club_AC_A15\115079_Aspen Club_AC_A15_dvertuca.rvt 1" = 20'-0" AS P E N C L U B & S P A 1450 Ute Ave Aspen, CO 81611 115079.02 OZ OZ 01/12/2016 PERMIT SET ZONING SITE PLAN Z-001 ASPEN CLUB & SPA OZ 1" = 20'-0" 1 ARCHITECTURAL SITE PLAN 0'10'20'40'80' 7 SPACES RELOCATED IN 2022 PLANS 5 SPACES RELOCATED IN 2022 PLANS 2 SPACES RELOCATED IN 2022 PLANS RELOCTED PARKING SPACES - 14 TOTAL EXHIBIT B - RELOCATED PARKING SPACES - 2016 12/16/2022 Exhibit 11.2 GMGM DN UP UP UP UP UP UPUP UP UP UP 1 0 ' - 0 " E A S E M E N T UTE AVE. FLAT GREEN ROOF DECK POOL SPA LOT 15-A/B Lodge Units 11-14 Lodge Units 6-10 Lodge Units 1-5 AHU AHU AHU 15-D 15-C Top of Slope Line Top of Slope Setback walls over 30" within setback +/-10' over 30" of cut or fill within setback parking lot retaining wall height varies +/-13' grade transition over 30" within setback patio walls over 30" within setback grade transition over 30" within setback related to existing grade transition and possible removal of existing transformer to be relocated outside of top of slope setback Top of Slope Line Top of Slope Setback retaining wall over 30" within setback +/-12' over 30" of cut or fill within setback over 30" of cut or fill within setbackover 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback 15-E PROPERTY LINE P R O P E R T Y L I N E P R O P E R T Y L I N E PROPERTY LINE PR O PERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE PRO PERTY LINE E A S T S ID E B U I LD IN G S E T B A C K FRONT YARD BUILDING SETBACK RE A R Y A R D B U I L D I N G S E T B A C K EAST SIDE BUILDING SETBACK F R O N T YA R D B U IL D I N G S E T B A C K F R O NT YA R D B UILDIN G SETBA C K WEST SIDE YARD BUILDING SETBACK W E S T S I D E B U I L D I N G S E T B A C K R E A R Y A R D B U I L D I N G S E T B A C K W EST SIDE BUILDING SETBACK REAR YARD BUILDING SETBACK PR O P E R T Y L I N E FRONT YARD BUILDING SETBACK proposed transformer location E A S T S I D E B U I L D I N G S E T B A C K F R O N T Y A R D B U I L D I N G S E T B A C K WEST SIDE BUILDING SETBACK 0' -0" adjusted 15-E Lot Line P R O P E R T Y L I N E Stairs to AHU Storage Access 15' - 0" 10 ' - 0" 1 0 ' - 0 " Setback/Easement Summary Lot 15-A Front Yard: 30 ft 25 ft to AHU storage access East Side Yard: 0 ft West Side Yard: 60 ft to building 5 ft to retaining wall 18 ft to stair Rear Yard: 25 ft Lot 15-B = N/A Lot 15-C Front Yard: 10 ft East Side Yard: 10 ft West Side Yard: 20 ft Rear Yard: 15 ft Lot 15-D Front Yard: 5 ft South Side Yard: 0 ft West Side Yard: 10 ft East Side Yard: 20 ft Rear Yard: 15 ft Lot 15-E Front Yard: 7.5 ft East Side Yard: 5 ft West Side Yard: 0 ft Rear Yard: 10 ft Parking Summary Lot 14A &14W 35 Spaces in Callahan Subdivision All Parking onsite is Valet 21 - Lodge Units 12 Affordable Housing 60 - members and guests 1 0' - 0 " 2 0 ' - 0 " walls and grade transitions over 30" within setback related to grade transition and new accessible path to river from site -handrails for ramps will also exist on portion of this path 12 4 12 5' - 0 3/8" 27 9 10 11 1 0 ' - 0 " 5 5' - 7 1/2" 5' - 0 " OPEN TO BELOW SPA OPEN TO BELOW OPEN TO BELOW AHU access to river AHU Acces path to River 8 ' - 0 " 8 ' - 0 " 5 ' - 0 " 8 ' - 0 " 19'-3" 8' - 6" 18 ' - 0 " 8' - 6" 18' - 0" 3 parking spaces added gas meter Screened Mech Yard screened mechanical equip COLD PLUNGE 8 spaces for AHU use 4 parking spaces for AHU use 7 spaces removed from this area 7 spaces added to this area 5 spaces removed from this area 2 spaces removed from this area 1 space added to this area 1 space added to this area 2 parking spaces added EXPANDED LAWN AREA TO BE USED FOR OUTDOOR FITNESS, COMMUNITY AND CLUB RELATED EVENTS PROJ. NO. DRAWN: CHECKED: DATE: © OZ ARCHITECTURE SCALE: SHEET NUMBER SHEET TITLE: ISSUED FOR: APPROVED: 3003 Larimer Street Denver, Colorado 80205 phone 303.861.5704 www.ozarch.com 1" = 20'-0" AS P E N C L U B & S P A 14 5 0 U t e A v e As p e n , C O 8 1 6 1 1 120210.00 OZ OZ 10/26/2022 PERMIT ZONING SITE PLAN Z-001 ASPEN CLUB & SPA OZ 1" = 20'-0" 1 ARCHITECTURAL SITE PLAN 0'10'20'40'80' RELOCTED PARKING SPACES - 14 TOTAL EXHIBIT B - RELOCATED PARKING SPACES - 2022 12/16/2022 DECK POOL SPA -14 AHU over 30" of cut or fill within setback PROPERTY L PROPERTY LINE RE A R Y A R D B U I L D I N G S E T B A C K EAST SIDE BU PR O P E R T Y L I N E FRONT YARD BUILDING SETBACK WEST SIDE B 12 5' - 0 " SPA 3 parking spaces added COLD PLUNGE 2 parking spaces added 1" = 20'-0" 1 0'10'20'40'80' 2016 POOL PLAN 2022 POOL PLAN SC SI SISISI SI SI POOL SPA 1:12 1:12 -14 over 30" of cut or fill within setback PROPERTY PROPERTY LINE REAR YARD BUILDING SETBACK EAST SIDE PROPERTY LINE FRONT YARD BUILDING SETBACK WEST SIDE 5' - 0" 10' - 0" 5' - 10" 12/16/2022 WALL WIDTH INCREASED - TOWARDS POOL PATIO- TO AVOID TALL WALL OVER 30" IN HEIGHT IN AHU SETBACK WALL WIDTH INCREASED - WALL MOVE APPROX. 1' NORTH TO AVOID WALL HEIGHT OVER 30" IN SETBACK Exhibit 11.3