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Home My WebLink AboutLand Use Case.501 E Dean St.0085.2016.ASLU' INSUBSTANTIAL PD AMENDMENT 0085.2016.ASLU 501 E DEAN ST - OPERA GALLERY GMQS, COMM DES. REVIEWS 2737 18 296 081 - --2 . 1 . . 1 N S OX - 44-/< 11// U -66 leÂ«.W U C - OPERA GALLERY GATEVILLAGE BUILDING 3 DUBAI INTERNATIONAL FINANCIAL CENTRE (DIFC) PO BOX 506737 Â· DUBAI, UAE DY) an JohN Zon e 4 Qrchidects LLC- 432. a eost hymon ave Aspen, Colo fade tiS'Cil External Media Located Here M-007960 ~, S.jiÂ·: PATH: G/DRIVE / MASTER FILES/ADMINISTRATIVE/AD8773/LAND USE CASE DOCUMENTS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0085.2016.ASLU PARCEL ID NUMBERS 2737 18 296 081 PROJECT ADDRESS 501 E DEAN ST PLANNER BEN ANDERSON CASE DESCRIPTION INSUBSTANTIAL PD AMENDMENT, GMQS AND COMMERCIAL DESIGN REVIEW REPRESENTATIVE ZONE 4 ARCHITECTS DATE OF FINAL ACTION 10.20.2016 CLOSED BY NICOLE HENNING 11.7.2016 .. 273711201605-\ 6025- Â· 33 l6. Â·Pal_.ul 0 Permits -0X ~file Edit Record Navigate Fgrm ReporE Format Tab Help 1 ,@ 3'X "V 33 ~Â© I >==5. ~ it]Â®6 08.,iN 4 B M CE *Jumpl- ~9~iolel le@ Â®33 j.ji/33% a, 9.1 ~ ~rnit type aslu 2-~- ~AspA"Laniuse- - - ] Main I Custom Fjelds RoÂ®ng Status ' Fee Summary ' 8cbons ' Rouung Listory ' Permit # 0085 2016.ASLU ~i -*jON+E~ 5.P#12#Flf,44/ p .IM ' 41(~.79:3*. Y,%1%/A/9'ie19%- ~ Address 501 E DEAN ST Apt/Suite ./ Â·*mt' .t.. 9 City ASPEN State F9.'6'I Zip 81611 fo Permit Information r.~ 1 ,-r - 2<V' C~ ;~~~ Master permit 1 Â· ~~ Routing queue aslu15 Applied 09/22/2016 I. ~ i.lk Projeet ~' status pending Approved 1Â¥ ~ Description APPLICATION FOR LAND USEAT 501 E DEAN ST - ON BEHALF OF THE OPERA Issued ' GALLERY - RESIDENCES AT LITTLE NELL INSTABSTANTIAL PD AMENDMENT. . .0 GMQS.AND COMMERICAL DESIGN REVIEWS. Closed/Final 1- i F Submitted ZONE 4 DYLAN 429 8470 Clock ~Running | Days |--6| Expires 09./'17/2017 :. 6~ Submitted via 743%~' Owner Last name LITTLE NELL CONDOMINIUA First name 611 S WEST END ASPEN CO 81611 Phone () - Address Applicant Â® Owner is applicant? J Contrador is applicant? La* name LITTLE NELL CONDOMINIUA First name 511 S WEST END ASPEN CO 81611 Phone () - Cust # 25795 Address Email Lender Last name Frst name Phone C) - Address [Enterthe permitapplicant's customernumber _ .-.au=,=--~ AspenGold5 (server angelas'I~|l of 1 .: ....>1//t.+* ~-I=ZÂ·YÂ·,===m==:â€¢M:*PtN.RM2Â¤2~~4~1~.....I//./i'/"'*'"//I'll'll"./././.ill"'ll/ #v. --1 +I ----Â·zâ„¢,ip.-.Ill-.*a./*.~Il Ck *5 20 C A.~3130'00 30 24Qrra./.D , ~944- -tr 419-2 + 40:nol Boq' o .. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, *'Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Ashkenazy Aspen Commercial. LLC Retail Space - 501 E. Dean Street. Aspen, CO 81611 Property Owner's Name, Mailing Address Commercial Unit C-3. Residences at the Little Nell City of Aspen, County of Pitkin, State of Colorado; 501 E. Dean Street, Aspen, CO 81611 Legal Description and Street Address of Subject Property The applicant has received approval for a reconfiguration of internal space that increases net leasable floor area by approximately 37 square feet and the replacement of two exterior doors with display windows. Written Description of the Site Specific Plan and/or Attachment Describing Plan Insubstantial Amendment to a Planned Development Insubstantial Amendment to a Commercial Design Review Approval Growth Management Quota System Review Administratively approved. October 18.2016 Reception # 633126 (10/19/2016) Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 27.2016 Effective Date of Development Order (Same as date of publication of notice Of approval.) October 27.2019 Expiration Date of Development Order (The extension, reinstatement, exemptionfrom expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 20th day of October, 2016, by the City of Aspen Community Development Director. ,Â° 'f Â»)Â· vi CI M lit A- ~u Jessica Garrow~ Community Development Director J . 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 60 1 E ~Dea-,n sk Aspen, CO ' STATE OF COLORADO ) ) SS. County of Pitkin ) l.- Su- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: v Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signa~y~ ~a- The foregoing "Affidavit ofNotice" was acknowledged before me this *7 day of 047*u , 20(~61, by *Wle,L fic/â‚¬-.-6-3- PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval ot a site-specific development plan, and My commission expires: 313-1- l /9 the creation of a vested property right pursuant to the Land Use Code ot the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain ing to the following described property: Parcel ID LLE#22,26~*40/-tr #2737-192-96-081, Legally described as: Commer cial Unit C-3, Residences at the Little Nell, City of f Aspen, County of Pitkin, State of Colorado; Street Notary Public Address: 501 E. Dean Street. An administrative approval of an Insubstantial Amendment to a ~ NICOLE ELIZABETH HENNINA 1 Planned Development, Insubstantial Amendment to a commercial Design Review Approval, and a NOTARY PUBLIC - STATE OF COLORADO Growth Management Quota System Review was granted for the reconfiguration of internal floor ar Notary Identification #20154012950 My Commission Expires 3/31/2019 ea and the replacement of two exterior doors with ~ _ display windows; Reception #633126,10/19/2016. ATTACIIMENTS: The change is depicted in the land use application on file with the City of Aspen. For f urther informa hon contact Ben Anderson at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, Colorado. (970) 429-2765 COPY OF THE PUBLICATION City of Aspen Published in The Aspen Times on October 27, 2016.(12450374) .. NOTICE OF APPROVAL FOR AN INSUBSTANTIAL PD AMENDMENT, INSUBSTANTIAL AMENDMENT TO A COMMERCIAL DESIGN REVIEW APPROVAL, AND GROWTH MANAGEMENT QUOTA SYSTEM REVIEW FOR THE RESIDENCES AT THE LITTLE NELL PLANNED DEVELOPMENT; ALLOWING FOR THE REPLACEMENT OF TWO ENTRY DOORS WITH WINDOWS AND THE RECONFIGURATION OF INTERIOR FLOOR AREA IN UNIT C-3. LEGALLY DESCRIBED AS COMMERCIAL UNIT C-3, RESIDENCES AT THE LITTLE NELL, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO; WITH A STREET ADDRESS OF 501 DEAN STREET, ASPEN, CO, 81611. Parcel ID No. 2737-192-96-081 APPLICANT: Opera Gallery (Tenant) and Ashkenazy Aspen Commercial, LLC (Owner) REPRESENTATIVE: Dylan Johns, Zone 4 Architects, LLC SUBJECT & SITE OF AMENDMENT: An Insubstantial Amendment to a Planned Development, Insubstantial Amendment to a Commercial Design Review approval and GMQS Review for the Residences at The Little Nell Planned Development. This application is specific to a portion of a commercial, condominiumized Unit C-3. currently occupied by The Opera Gallery. Section 26.445.110.A of the Land Use Code allows authorization of Insubstantial PD Amendments by the Community Development Director. Section 26.412.080 allows for authorization by the Community Development Director for an insubstantial amendment to a Commercial Design Review approval. Section 26.470.060.6 allows approval by the Community Development Director for the minor expansion of a commercial, lodge or mixed-use development (GMQS Review). In summary, these reviews are eligible for consideration of administrative approval. SUMMARY: The scope of the proposed work is as follows: â€¢ The proposed changes are limited to a portion of the commercial space (Unit C-3) currently occupied by the Opera Gallery. â€¢ Two entry doors are proposed to be replaced by windows - leaving a single, primary entry door to the gallery space from Dean Street. â€¢ A reconfiguration of approximately 37 square feet of interior space that currently is utilized as common, non-unit space to net leasable - in creating a vestibule at a rear entrance to the gallery. The Opera Gallery operates out of a portion ofthe commercial space in Unit C-3 at the Residences at The Little -Nell. The gallery is proposing the replacement of two entry doors with windows. primarily to improve security and provide a more focused main entry to the space. Additionally, the project is proposing a reconfiguration of approximately 37 square feet of common, non-unit space to net leasable to create a vestibule at a rear entrance to the gallery. On the first aspect of this project, the changes to fenestration are minimal - in essence, simply replacing the two doors with solid glass. RECEPTION#: 633126, 10/19/2016 at 01:44:06 PM, 1 OF 4, R $26.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO .. The second aspect ofthe project (the creation ofthe vestibule space) requires review ofthe Subdivision Agreement from May of2005 (Reception# 510210) and the Condominium Exemption Map (Reception #554606; Book 89, Page 36). The exemption map established a total square footage of 4.780 in Unit C-3. The subdivision agreement limits the net leasable area to 4,520 square feet - and additionally states that the space can be reconfigured. (Article 111). The discrepancy between these documents requires that a minimum of 260 square feet must be maintained as common, non-unit space in l,Jnit C-3. STAFF EVALUATION: On the first review for an Insubstantial Amendment to a Planned Development, staff finds that the proposed changes are consistent with the initial PD approval - specifically the commercial use of Unit C-3. On the second review for an Insubstantial Amendment to a Commercial Design approval, staff finds that the minor changes to fenestration are consistent with the existing conditions and will have no negative effect on the relationship of this building to the streetscape. Staff agrees with the application that the addition of a focused entry to the gallery and increased visibility into the building will add to the visual interest in the area and may enhance the pedestrian experience. On the last issue of GMQS review, staff has researched past approvals for the PD and have found that this is the first application for an increase to net leasable square footage. At this point5 the approximately 37 square feet of proposed new net leasable falls under the cumulative 250 square feet exemption to increases of net leasable space described in Section 26.470.060.6.a. Additionally, this proposed change allows the total net leasable square footage for Unit C-3 to remain below the maximum allowed by the subdivision agreement. Please see Exhibit A, Staff Findings for a complete description of the review criteria for the three separate reviews. DECISION: The Community Development Director APPROVES the requested Insubstantial Amendment to PD, Insubstantial Amendment to a Commercial Review approval, and a Growth Management Quota System Review allowing for the replacement of two entry doors with windows and the reconfiguration of approximately 37 square feet of common, non-unit space to net-leasable in Unit C-3 of the Residences at The Little Nell. APPROVED BY: 1,~ JX-~2( c CA 41, ac ic j /87 102 < Jessica Garrow / Date' . Cjmmunity Development Director Exhibit A - Review Criteria (not recorded) Exhibit B - Floor Plan of The Opera Gallery (recorded) Exhibit C - Front Elevation ofproposed fenestration (recorded) Exhibit D - Application (not recorded) .. Exhibit A Review Criteria Insubstantial Planned Development Amendment 26.445.110.A Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character ofthe development. Staff comment: Other than a change to fenestration and minor reconfiguration of interior space, the purpose, use and character of Unit C-3 is unchanged Staff finds the criterion to be met. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Staff comment: This project is both consistent with the project's original approval and represents only an insubstantial change. Staff finds the criterion to be met. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. Staff comment: The requested reconfiguration does increase net leasable square footage, but not floor area. Additionally, the total remains under the 4,520 square feet of maximum net leasable established by the subdivision agreement. Staff finds this criterion to be met. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Staff Comment: The proposed changes are insubstantial. Staff finds this criterion to be met. 5. An applicant may not apply for Detailed Review i f an amendment is pending. Staff Comment: Staff finds this criterion to be not applicable. Insubstantial Amendment to Commercial Design Review Approval 26.412.080. Amendment of commercial design review approval. A. Insubstantial amendment. 1. Planning and Zoning Commission approval. An insubstantial amendment to a commercial design review approval granted by the Planning and Zoning Commission may be authorized by the Community Development Director if: a) The change is in conformance with the design standards, Section 26.412.060, the change represents a minimal effect on the aesthetics of the proposed development, or .. the change is consistent with representations made during the original review concerning potential changes of the development proposal considered appropriate by the decision-making body; and Staff Comment: The proposed changes to the Dean Street fenestration are minor in nature. Staff finds that the minimal effects of the proposed changes will have a positive effect by giving focus to a single entry to the gallery space and improving visual interest and pedestrian amenity through the addition of display windows in the place of existing doors. Staff finds this criterion to be met. b) The change requires no other land use action requiring review by the Planning and Zoning Commission. Staff Comment: The proposed changes meet the requirement for administrative review. Staff finds this criterion to be met. Growth Management Ouota Svstem Review - Minor Expansion See. 26.470.060 Administrative applications. The following types o f development shall be approved. approved with conditions or denied by the Community Development Director, pursuant to Section 26.470.110, Growth management review procedures, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all administrative growth management approvals shall be deducted from the respective development ceiling levels but shall not be deducted from the annual development allotments. Administrative approvals apply cumulatively. 6. Minor expansion of a commercial, lodge or mixed-use development- The minor enlargement of a property, structure or portion of a structure for commercial, lodge or mixed- use development shall be approved5 approved with conditions or denied by the Community Development Director based on the following criteria. The additional development of uses identified in Section 26.470.020 shall be deducted from the development ceiling levels established pursuant to Section 26.470.030 but shall not be deducted from the respective annual development allotments. a. The expansion involves no more than five-hundred (500) square feet ofnet leasable space, no more than two-hundred-fifty (250) square feet of Floor Area, and up to two (2) additional hotel/lodge units. The expansion involves no residential units. No employee mitigation shall be required. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 22, Series of 2013. Staff Comment: Staff has researched previous amendments to the Residences at Little Nell PD and has found no previous evidence of additions to net leasable square footage. The proposed addition to net leasable of approximately 37 square feet is well below the 250 square feet exception allowed by the code. Staff finds this criterion to be met. Exhibit B , thi L 4- Existing Conditions \2\ - ./.4/ -tz= Opera Gallery * 1-i LL.- -11 ~ Existing hall space (non-unit) -A J â€¢t 10 1 -Â£- 1 . i i OALLERY./ 1 I .ALLER'-C 11 +4'516./. 1 1 4,0.......10~ *r~.7, -Gla-~I 1./.'01....... _ 11 IF----- ----- ---- 4 al b===| td , 61 ij[-411 It==# -* -F1 1 -11~~ J I Â· +1,~i ", ......r-,a.1 11 / 1 //4 -4. ... 1 1 , - --Â¢1-no,-0.â€¢r~~ro Exterior doors to be replaced - with windows ..11. 1 1 1 ~3"* .,. Proposed Conditions A-Â»--* 1/ 1-73-Ir- f)- ' 4-:*44. .- 1 .9 n /2 k m New vestibule configuration ,~ V '*A \ .-111Â¥ â€¢ / CPU .- 1 6 'C.-/ 4- . 1--1 -1 6 e 11 h 49... 1 1 ' V- 2,66Â¥X--1 77 .11 e.\ 11 VX,1 -A. r-'Â·-~i~9/ 11 Y// 1 V u 11 FL t> L 941-~- -l 1===Jr â€ž 62 - -1 -2 - - = --*- li .:4*=- +4944 ., KA --1-f~'12- 4, .r WJâ€¢f._ k . New display windows 'm . *T T- -M--=- ---mu- DÂ®.~-=,U --21,0 -0,. CC-- -~C--OUL-~ 11~- -â‚¬ * Exhibit C Dean Street Elevation ' 1 %-- 11 1 1 L ~|r F \ Al/41 1 F'~26=1 11.Aptin 1 1 .....1 Lorts= - . , --1.--:Â·---5 Â·IF-----1.-5-Â·.'M 1 .. Ill 1.1 r i -- --.-4-K-------1* F I IFTE 44 001\\ 11 41 l, 4 l10=imum 2 I *Ammumâ€¢11111111Ilm"W"*141: 1Â· i -~' vii""i"i"i"I'P'lll Qmmli . 1 1 1 .:-gugu#pguovego#/pv#v~ 'hi Ill/31 3; Da#95â‚¬ONÂ©iÂ©ANâ‚¬99.1-NU ~IL-II&Lee,IUL-Â·' ' w -, , . 1; l ; .'193- .C.---. 112: Imiu.=1.-....~......,.. r,-1- ni A 1 1 IN-11 1--r' O 11: \371*-- ' 6-*11%4.1 y . â€ž 7% Â¢ \*\< 11 1 1 4 A 9213Â£25....1â€¢43'MWAA,ttâ„¢S/,1*1"/LWH.~, i "~~Â·--11-- -'---S .-s--24#*?~2**â‚¬5.NiMMME,le"t 2/Sf.'/%7/%9**u 11â€ž n , i,<â€¢97 *5**14*,-:ba~..,:, 11 6...0 1 1 21 =.- - 4.,~. 1 --7 16 Izigr*, 1, 1*~ "mial 2/ZE=577 da:*r--- . 11 11 A ---4.23. Â¥ 2 -2 -- r- 1: I /, 5---- 2 ------ ~ -----41223Â£~~~~~~~~~~ 1- 1 1 - L. I #--u'-,u.*.% 1 1 -2/ 1 -------- - r- -- 7-- xL 1 / -1 1 1 / I 1 -41 - ~r ' rV / 1 1% 4 1 1-1 r-1 migH#E 'H -Â·tr14 liÂ·----141 .. .. $ .,- g- mm New Display Windows Page 1 of 1 .. 'A '2901Ist *83095* --41 211rp Print Date: - Pitkin County Transaction #: 83095 10/19/2016 1:44:12 Janice K. Vos Caudill Receipt #: 201606605 Clerk and Recorder PM Cashier Date: 10/19/2016 1:44:09 PM 530 East Main Street (PNADON) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 10/19/2016 Over the Source Code: Counter Over the () ZONE 4 ARCHITECTS LLC Q Code:. $26.00 Counter Total Fees P O BOX 2508 ASPEN, CO 81612 Return Code: Over the Total Payments $26.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments $26.00 .E]2| CHECK 4073 1 Recorded Items BK/PG: 0/0 Reception:633126 Date:10/19/2016 IL iRE-J (APPROVAL) APPROVAL ANY 1:44:06 PM 7 YPE From: To: Recording @ $11 for 1pg and $5 for 2 or more 4 $26.00 pgs $1 Surcharge 0 Search Items 0 Miscellaneous Items file:///C:/Program%20FilesÂ°/820(x86)/RecordingModule/default.htm 10/19/2016 0 oceÂ©Â· ~6 0 4-4-4 3 L-: THE CrrY OF ASPEN SEP 2 1 2016 Land Use Application Determination of Completeness .'1 C :Ce ELORM Date: July 1,2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 501 E Dean St Residences at Little Nell Insubstantial PD Amendment. GMOS, and Commercial Design Standards Reviews and reviewed it for completeness. ~Your Land Use Application is *complete: ~ Please submit the following missing submission items. â€¢ The Applicant should be the owner of the property, not the tenant. Please update the following to reflect the HOA/Owner is the Applicant: v* â€¢ Owner authorization Letter V â€¢ Land use application V" Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. Thank You, Â£1111Ct ~143~1&01â‚¬F, Planner City of Aspet Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging .. 910 k *An= 5 Rer.IVED ei SEP 2 1 201 CiTY OF ASPEN COMÂ¥E#TY CE,ELOMENT ARCHITECTS balsn~ttal To: Jennifer Phelan From: Dylan Johns VIA: Hand Delivered Date: September 21, 2016 Re: Opera Gallery Pages: N/A Jennifer- Thank you for taking the time to meet with me this morning and helping to clarify what you need and what the application is asking for. I have attached a new set of architectural drawings which include elevations of the fagade with the conversion of doors to windows in two of the locations along the fagade. There are also a couple of updates to the area boundary sheets which are within the architectural drawings, so if you just replace Exhibit N in its entirety, everything will be up to date. I have also attached a diagram included within Exhibit C that can be removed. It isn't necessary, and may be confusing. The Owner of the property has reviewed the entire application and thus it is not necessary any more to show this plan. The application materials also include the electronic copy of the material, and an application fee check written to the City of Aspen for $1300 as specified in the preapplication. Please let me know if any additional information needs to be provided as part of the application, or if you have any questions regarding the application and the proposed request. Thank you, --371013 1 00815Â·20(6.Abl--Di At. 0 ZONE W r . *~ re 70â€ž 7 Â·Â·Â¥;~4. 1, st f F'~ i Â» iA; ) 3-2 { 1 1 Er 1 &6..461 2 tr. 2, SEP 2 1 2016 ARCHITECTS C :Ty ro Â·. i 6, I 1 .., LLC *iNT September 15,2016 HAND DELIVERY Hillary Seminick City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: 501 Dean Street, Residences at the Little Nell, Opera Gallery Dear Hillary: This application is being submitted on behalf of the Opera Gallery (tenant) and Ashkenazy Aspen Commercial LLC (property owner). The Opera Gallery is currently leasing the retail space identified as a portion of Unit C-3 per the Condominium Exemption Map (Ex G) recorded in Book 89, Page 32 and illustrated in the Exhibit H diagram (Ex H). Background: The Residences at Little Nell Subdivision and PUD is located in the City of Aspen's Commercial Lodge zone district, and was originally approved as Ordinance No. 30 Series of 2004 (Ex K) which spelled out the general requirements for the development along with the overall dimensional requirements. Ordinance 30 also contained a requirement to submit a Subdivision/PUD agreement for The Residences at Little Nell Subdivision/PUD, which was done in May of 2005 (Ex J) and contained more specific details regarding the project. A final plat was recorded in Book 73 at Page 21 (Reception # 510209), and a Condominium Exemption Map was recorded in 2008 within Book 89 on Page 36 (Reception #554606) which delineates unit areas and sizes (Ex G). Several other insubstantial PUD amendments have been approved for the project which do not appear to have bearing to this application and have not been included but can be provided if necessary. Of note- a Master Sign Plat was approved as part of a third insubstantial PUD amendment in May 2009 in Book 73 Page 22 however, no changes to the sign plan are proposed in this application. The Application: This is an application to consider a GMQS, Commercial Design, and Insubstantial PUD amendment for the conversion of two existing exterior doors to windows and reconfiguring the net leasable/common area by approximately 37 square feet. Previous architectural drawings (Ex O), as well as the plat (Ex G), show that at some point since the building's approvals, the configuration of Unit C-3 has been changed several times. There has been a need to maintain common (non-leasable) space to address a floor area difference between the overall condominiumized area of Unit C-3 and the net leasable area allowed per the PUD agreement, .. however, the configuration of the common area has also changed in response to the needs of the tenants- rather than the absolute requirement of the approvals. In its current state, there is more common area configured than is required. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.060 (5) GMQS: Minor expansion of a commercial, lodge, or mixed-use development 26.412.080 Amendment of commercial design review approval 26.445.110A Insubstantial Amendment to a Planned Development 26.445.110.D Minor Amendment to a Project Review Approval (if applicable) 26.515.010 Parking: Requirements for expansion/redevelopment of existing development 26.710.200 Commercial Lodge (CL) Zone 26.575.020 Miscellaneous Regulations: Calculations and Measurements 26.304 Common Development Review Procedures This application is being submitted pursuant to section 26.304 including sections 26.470.060 (5), 4.412.080, and 26.445.100.A of the City of Aspen Land Use code for a GMQS, Commercial Design, and Insubstantial PUD amendment by the Opera Gallery Aspen. A pre-application is attached as Exhibit A. 26.470.060 (5) Administrative applications. 5. Minor enlargement of an historic landmark for commercial, lodge or mixed-use development. a. If the development increases either floor area or net leasable space/lodge units, but not both, then no employee mitigation shall be required. Response: This application qualifies for a Growth Management Quotient System administrative review per Section 26.470.060 (5a) which allows for the increase of net leasable area without triggering additional employee mitigation if the floor area does not also increase. Per the Condominium Exemption Map (Exhibit G) the net area for Unit C-3 of the property was recorded at 4,780sf even though the Subdivision/PUD Agreement (Rec# 510210) Article Ill (e) establishes a limitation of 4,520 net leasable square feet for the retail space located at the ground level and fronts Dean Street. The PUD approval is not specific on the delineation of that area and does not define where it must occur. Exhibit I (Ex I) illustrates how the required common area fits into the overall area of Unit C-3, and illustrates how the vestibule conversion is well within the allowable net leasable area. 26.412.080. Amendment of commercial design review approval. A. Insubstantial amendment. 1. Planning and Zoning Commission approval. An insubstantial amendment to a commercial design review approval granted by the Planning and Zoning Commission may be authorized by the Community Development Director if: a) The change is in conformance with the design standards, Section 26.412.060, the change represents a minimal effect on the aesthetics of the proposed development, or the change is consistent with representations made during the original review concerning potential changes of the development proposal considered appropriate by the decision-making body; and b) The change requires no other land use action requiring review by the Planning and Zoning Commission. Response: R I .. It is the applicant's belief that this application is in conformance with the design standards as written in Section 26.412.060 (illustrated below), that the proposed exterior changes have a minimal effect on the aesthetics of the existing development, that the proposed changes are consistent with the representations made during the original review, and that the application meets the criteria of subsection a) of Section 26.412.080.A. There are no land use actions that the applicant is aware of that would require review by the Planning and Zoning Commission. Thus it is believed that the application qualifies for an insubstantial arnendment which may be authorized by the Community Development Director. 26.412.060. Commercial Design Standards. The following design standards, in addition to the commercial, lodging and historic district design objectives and guidelines, shall apply to commercial, lodging and mixed-use development: A. Public Amenity Space. While this application does not propose to make any exterior changes to the Pedestrian Amenity Space, it is believed that replacing the doors with windows will visually enhance the existing exterior amenity space by providing artwork, light, and more visual activity along the streetscape. B. Utility, delivery and trash service provision. This application will not change the operation, magnitude, schedule of or provision of the Utility, Delivery or Trash services to the building. 26.412.070. Suggested design elements. A. Signage. An Insubstantial Amendment to the Residences at Little Nell PUD Parcel ID 2737-182- th 96-800 was approved on September 5 , 2013 for a Master Sign Plan. This application does not request any changes to the Master Sign Plan B. Display windows. Part of this application proposes to convert two exterior doors to display windows in order to increase the unobstructed viewing area of the display windows. Given that the current occupant for the space is an art gallery, it is anticipated there will be a significant visual enhancement to dark area of the downtown fabric, and thus we believe the proposed design changes will be an enhance the display windows and is in conformance with the intention of the code. C. Lighting. As part of the conversion of the exterior doors to display windows, additional lighting will be installed to properly light the artwork and create visual interest during both the day and evenings. Because of the overhanging building design, colonnade, and fagade orientation towards the north, the store front is setback from the edge of the building and dark. Larger display windows with better lighting will make the pedestrian experience much more lively, and will enhance the pedestrian experience. 26.445.110. Amendments. Amendments to an approved Project Review or to an approved Detailed Review shall be reviewed according to the standards and procedures outline below. Amendments to Planned Unit Development and Specially Planned Area approvals *reOrdinance 36, 2013, approvals) shall also proceed according to the standards and procedures outline below and the Community Development Director shall determine the type of procedure mostapplicable to the requested amendment. J , .. A. Insubstantial Aniendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall nleet the following criteria: 1. The request does not change the ilse or character Of the development. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstanti.al change. 3. The request does not require granting a variationfrom the project's allowed u.se(s) and does not request an increase in the allowed height or .floor area. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have beenÂ®reseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. 5. An applicant inay not apply for Detailed Review ij an amendment is pending. Response: This application is requesting an insubstantial amendment to a PUD based on the criteria listed in section 26.445.110.A. 1. The requested amendments do not change the use or character of the development. 2. It is the applicant's feeling that the requested changes are consistent with past approvals and amendments, and represents an insubstantial change to those approvals 3. This request does not require a variation from the allowed uses and does not increase the allowed height of floor area. 4. The change to the net leasable floor area does not increase the floor area ratios beyond what was initially approved and appears to still be less than what was originally or subsequently approved. 5. The applicant is not aware of any other pending amendments to the property. 26.445.110. Amendments. D. Minor Aniendment to a Project Review approval. An amendment found by the Community Development Director to be generally consistent with the allowances and linzitations of a Project Review approval or which otherwise represents an insubstantial change but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the City Council, pursuant to 26.445.040.8.2 - Step Two. An applicant niay not applyfor Detailed Review ifan amendment is pending. Response: The applicant believes that the proposed scope of work meets the criteria for an insubstantial amendment, and will not require City Council review. 26.515.010 General provisions (Parking) A. General requirements. All development shall be provided with off-street parking as provided in this Chapter. B. Requirements for expansion/redevelopment ofexisting development. No development shall reduce the number ofexisting off-street parking spaces below the mininium number of existing spaces requiled hereinfor that development, unless expressly exempted by this Chapter. If existing development is expanded, additional of.Fstreet parking spaces sliall . .. be provided.for that increment of the expansion as if it is a separate development. Ali existing deficit ofparking may be maintained when a property is redeveloped Response: This application does not propose any changes to the existing parking areas as approved in the original PUD. The change to the net leasable area illustrated in this proposal does not represent a change or increase to the net leasable area which was previously approved in the PUD. No changes to the building or off street parking are proposed or should be affected by this proposal 26.710.200 Commercial Lodge (CL) Zone Response: The applicants are not aware of any changes resulting from the proposed design which would affect or run in contrast to the criteria of the CL Zone district, or the PUD as is was approved. 26.575.020 Miscellaneous Regulations: Calculations and Measurements Response: The net leasable area for the Unit C-3 was established per the subdivision/PUD agreement (Ex J). The proposed design is within the parameters of the original approval, as illustrated in Exhibit I (Ex I). Exhibit list: Ex A: Pre-Application conference Summary Ex B: Owner Authorization Letter Ex C: HOA Compliance Policy Ex D: Fee Agreement Ex E: Land Use Application Ex F: Dimensional Requirements Form Ex G: Condominium Exemption Maps of RLN Ex H: Condominium Map Diagram of Unit C-3 Exl: Net Leasable diagram Ex J: Subdivision/PUD Agreement for RLN Ex K: Ordinance No. 30 - 2014 Ex L: Assessor Information Unit C-3 Ex M: Vicinity Map Ex N: Opera Gallery FAR Calculations, Egress Diagram, Plans, Elevations, Details Ex O: Original Construction Document floor plan for building Thank you for your consideration, Dylan Johns Zone 4 Architects CC: File Applicant . . Exhibit A CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 429-2741 DATE: May 6, 2016 PROJECT: 501 Dean Street, Residences at the Little Nell, Opera Gallery REPRESENTATIVE: Robert Cronenberg, Regan Construction REQUEST: GMQS, Commercial Design, and Insubstantial PD Amendment DESCRIPTION: The Residences at Little Nell Subdivision and PUD is located in the Commercial Lodge Zone District. The Residences were approved by Ordinance No. 30, Series 2004. The Subdivision/PUD Agreement for the Residences at Little Nell Subdivision and PUD, Reception No. 510210, Page 5, part (e) Commercial Accessory Uses, set the maximum net leasable for the retail space at 4,520 sq. ft. The Applicant is interested in converting two doors into windows to match adjacent existing fenestration in a commercial unit at Residences at the Little Nell. Three commercial units have been combined into one and the space is currently serving as an art gallery. There are three existing entrances in the space and this has created a security concern for the tenant. This exchange would be subject to an insubstantial amendment to a commercial design review approval and may be authorized by the Community Development Director. To qualify for an administrative review in accordance with Section 26.412.080, the Applicant shall address the review criterja in Section 26.412.050. The project is located in the Mountain Base Character Area. Additionally, the applicant is interested in enclosing a vestibule, currently non-unit, effectively increasing the net leasable of the Opera gallery by 50 square feet. An increase in net leasable up to 500 square feet can be granted administratively, as a minor expansion of a commercial, lodge or mixed use development, by the Community Development Director if the request meets the review criteria in Section 26.470.060.5. As the expansion is to a commercial space, and no residences, it will not be required to provide employee mitigation. The minor expansions are considered cumulative and will consider previous approvals in calculations. Finally, in order to memorialize these changes to the Planned Development at Residences at Little Nell an insubstantial amendment to a planned development will be required. This is pursuant to Section 26.445.110.A review criteria and can be approved by the Community Development Director. Additionally, floor area calculations must be provided to demonstrate that the net leasable area does not exceed the maximum allowed area of 4,520 sq. ft. Should the expansion of net leasable area exceed the permitted threshold, a Minor Amendment to a Project Review approval would be required. This review would require a public hearing before City Council pursuant to Section 26.445.110.D Minor Amendment to a Project Review Approval. The expansion of existing commercial space is required to mitigate for off-street parking and may be eligible for a cash-in-lieu payment, Section 26.515.030-050. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/AppsÂ°/020and %20Fees/2013%20I and %20use%20a pp%20form.pdf Land Use Code: http://www.aspen pitkin .com/Depa rtments/Com mun itY-Development/Plann ing-a nd-Zon inq/Title-26-Land- Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures ASLU Administrative Reviews 501 Dean Street 273718296800 1 26.470.060 (5) GMQS: Minor expansion of a commercial, lodge, or mixed-use development 26.412.080 Amendment of commercial design review approval 26.445.110A Insubstantial Amendment to a Planned Development 26.445.110.D Minor Amendment to a Project Review Approval (if applicable) 26.515.010 Parking: Requirements for expansion/redevelopment of existing development 26.710.200 Commercial Lodge (CL) Zone 26.575.020 Miscellaneous Regulations: Calculations and Measurements Review by: Staff for complete application Public Hearing: No, administrative review Planning Fees: Insubstantial Amendment, Planning Deposit- $1,300 for four hours Minor Amendment to a Project Review, Planning Deposit - $4,550 ($325 per hour for staff review time in excess of deposit hours) To apply, submit the following information: U Completed Land Use Application and signed fee agreement. [3 Pre-application Conference Summary (this document). m 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. m 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. m HOA Compliance form (Attached) m 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. m A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. m Written responses to all review criteria. U An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. U 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: U 2 Copies of the complete application packet and, if applicable, associated drawings. 2 // .. El Total deposit for review of the application. m A digital copy of the application provided in pdf file format. 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. 3 0 0 Exhibit B June 21, 2016 City of Aspen Community Development Department 130 5outh Galena Street, 3'd Floor Aspen, CO 8161112 RE: Opera Gallery Remode! To Whom it May Concern: Zone 4 Architects has the authorization of the Opera Galley, thetenants of a portion of the platted space at C-3 with a street address of 501 Dean Street, to meet with City of Aspen officials as well as submit any required land use applications, permit applications, and change orders forthesole purpose of remodeling a portion of the commercial area designated as Unit 03 on the Plat recorded in Book 89 Page 36 with the street address 501 Dean Street in Aspen, Colorado and having a Parcel ID #273718296081. Sincerely, Signature SEAJOUPÂ· chayt>o Printed Name 0 00 Title/Position at Opera t- G 3/234 32.y Phone Number Opera Gallery 501 Dean Street Aspen, CO 8161 , A .. September 7, 2016 City of Aspen Community Development Department 130 South Galena Street, 3rd Floor Aspen, CO 8161112 RE: Opera Gallery Remodel To Whom it May Concern: Ashkenazy Aspen Commercial LLC 'is the property owner of the platted space designated as Unit C-3 on the Plat recorded in Book 89 Page 36 with the street address 501 Dean Street in Aspen, Colorado and having a Parcel ID #273718296081. The tenants of Unit C-3 (Opera Gallery) wish to submit a GMQS, Commercial Design, and Insubstantial PD Amendment application, and ultimately a building permit to complete that work. Ashkenazy Aspen Commercial LLC gives the Opera Gallery and Zone 4 Architects permission to submit the land use application for the reconfiguration of the interior space to create an interior vestibule, and replace two exterior doors with windows (which will match the existing window system), as well as submitting building permit applications and change orders forthat work, and meeting with City of Aspen officials as necessary to facilitate this process. Sincerely, Signature _Ured 4,0 Printed Name A&43 \ ah S ,Â».7 Athkenazy Aspen corhmercial LLC C 46 23 Eli -0221 Phone Number Unit C-3 Tenant: Opera Gallery 501 Dean Street Aspen, CO 8161 +6597854925 , .. Ed Exhibit C 34 -2 Â£-2' - - , s .... A Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certificalion of compliance with applicable covenants and homeowner association policies The certification must be signed bY the pronerly owner or Attorney representing the prupertv owner. The following ced,fication shall accompany the application for a permit Subject Property. ~6rn k_ 074a: 12/ -4/ 0[la24 0?Lcaaâ‚¬ ED1 2, ban (O /1~9>fiA) Of) I, the properly owner, certify as follows: (pick one) U This properly is not subject to a homeowners association or other form of private covenant D This properly iS subject 10 0 homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the honieowners association or covenant beneficiary. Ef This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary 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, 4341 date. qf 2-1 LGa Owner printed name: 662 - (010/teyzcl Ra-%1 RE r JÂ· - 1 r 0#10 , t 0 jit af 1 11 AUO:02*signatureÂ· A /â‚¬Lk) date G~ j 4-~ .1 6 0 01Â«15 Attemtly printed name: ~16,'t.v,11**igr AF?*tn Ze 91/v O 0 Exhibit D CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees SEP 2 1 2016 An agreement between the City of Aspen ("City'#) and r 1 Property Phone No.: .5 6 7 Lo 72 1 i 1 ~T Opera Ga[Iery, Lessee of part of C-3 owner ('1"): space at RLN Enlail: CtikAL-esÂ«oeERA&AL LOA/- com Address of Billing Residences at Little Nell 6 0_,n .c- a.4 k Jâ‚¬A reao Property. Address: 501 Dean Street (Subject of (send bills here) Aspen CO, 81611 application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees rs a condition precedentto determining application completeness. I understand that as the property ownerthat 1 am responsible for paying al! fees for this development application. For flat fees and referral fees: 1 agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. S. flat fee for . S. flat fee for 5. flat fee for 3. flat fee for For Depositcases only: The Cityand l understandthat because ofthe size, nature orscope of the proposed project, it is not possibleatthis timeto know the full extent or total costs involved in processingtheapplication. I understand thatadditional costs over and abovethe deposit may accrue, I understand and agree that it is impractical)le for City staff to complete processing, revjeu' and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in ful[. The City and I understand and agree that invoices [nalled bythe City to the above listed billing address and not returned to the City shall be considered bythe City as being received by rne. I agree to remit payment within 30 days of presentationof an invoice by the City for such services. Ihave read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agreeto pay the following initial deposit amounts forthe specified hoursof stafftime. I understandthat payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 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. $ 1,300.00 deposit for 4 hoursof 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 5325.00 per hour. City of Aspen: Property Owner: /- Jessica Garrow, AICP / Community Development Director Name: 52-*Â»-W p g~, 180 City use: Title: C O d Fees Due: S Received S March, 2016 City of Aoen 1130 S. Galena St. I (970) 920 5050 . CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION Exhibit E PROJECT: Opera Gallery Aspen @ Residences at Little Nell Name: Location: 273718296081 Parcel ID#(REQUIRED) APPLICANT: Ashkenazy LLC - Opera Gallery Name: Address: Retail Space- 501 Dean Street Aspen CO 81611 Phone#: +6597854925 REPRESENTIVATIVE: Zone 4 Architects Name: Address: Po Box 2508 Aspen CO 81612 Phone#: 970-429-8470 Q GMQS Exemption EJ Conceptual PUD U Temporary Use ED G M QS Allotment r-1 Final PUD (& PUD Amendment) Special Review Subdivision D Conceptual SPA [2 ESA - 8040 Greenline, Stream F-1 Subdivision Exemption (includes U Margin, Hallam Lake Bluff, Condominiumization) 1 Mountain View Plane U Final SPA (&SPA U Commercial Design Review E Lot Split Amendment) 1 Residential Design Variance CJ Lot Line Adjustment CE Small Lodge Conversion/ Expansion -1*L-Condibonal-Use0ther: Insub PUD amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Space is currently utilized as an art gallery PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Applicant would like to change two exterior doors to windows and would like to add an interior vestibule to what is now a hallway within the platted commercial unit area Have you attached the following? FEES DUE: $ 1,300 Elf Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement CE] Response to Attachment #3, Dimensional Requirements Form CE] Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submita 3-D model. March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Exhibit F ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Opera Gallery Aspen Applicant: Ashkenazy Aspen Commercial LLC and Opera Gallery represented by Zone 4 Architects Commercial Space @ RLN- 501 Dean Street Location: Zone District: CL Lot Size: NA Lot Area: NA (Forthe purpose of calculating Floor Area, Lot Area may be reduced forareas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) 2,357 sf Commercial net leasable: Existing: 2,282 sf Proposed: Numberof residential units: Existing: NA Â°roposed: NA Number of bedrooms: Existing: NA Droposed: NA Proposed % of demolition (Historic properties only) NA DIMENSIONS: Floor Area: Existing: No Change Allowable: No Change Proposed No Change Principal bldg. height: Existing: NA Allowable: NA Proposed NA Access. Bldg. height: Existing: NA Allowable: NA Proposed NA On-Site parking: Existing: NA Required: NA Proposed NA % Site coverage: Existing: NA Required: NA Proposed NA % Open Space: Existing: NA Required: NA Proposed NA Front Setback: Existing: NA Required NA Proposed NA Rear Setback: Existing: NA Required: NA Proposed NA Combined F/F: Existing: NA Required NA Proposed NA Side Setback: Existing: NA Required: NA Proposed NA Side Setback: Existing: NA Required NA Proposed NA Combined Sides: Existing: NA Required NA Proposed NA Distance between Bldgs. Existing: NA Required. NA Â°roposed NA Existing: Required: Proposed: Existing non-conformities or encroachments: Unknown for building- no known for interior space Variations requested: None March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 Exhibit G Milinimi,ilieir CONDOMINIUM EXEMPTION MAP OF: CERTIFICATE OF OWNERSHIP AND DEDICAT]ON RESIDENCES AT THE LITTLE NELL B El KNOW /Â£ MEN 51 THESE PRESENTS THAT THE JNDER.1GNED THE RES,DENCES AT UTTLE Nal DEVELOPMEN 1 LLC A DELAY,yAE LJMITED L/ILITY COMP/VI A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 7, TOWNSHIP 10 (HIEREAFTER THE -DECLARANTD, BEING THE Gm// i' FEESIAPLE OF â„¢E FOUC//1 DESCRIBED REAL PFOPERTY STUIED IN THE COUNTY Of Mâ„¢N, STATE OF COLORADO, TO IMT SOUTH, RANGE 84 WEST OF THE 6th P.M. LOT Â· THE RESDENCES AT UTTLE NELL SUBINISIONJUD. ACCORDING TO -ME FIMII PLAT THEREOF RFCORDEC ~AÂ¥ Â·Â· 2005 I PLAT BOOK 73 A- PAGE 2 4 CITY OF ASPEN, COUNTY OFPITKIN, STATE OFCOLORADO RECEPTION NO 51MliN THE OFFICE OF THE (10* AMD 4}ER G P[TION COUNTY CCt.[Â®DO (-HE 'PROrgUn SHEET 1 OF 15 HAS BY TMESE PRESENTS CONDOMINIUMyED 9/Lf) PROPERTY INTO TWENTÂ¥ SDC (20) FRACTIONA SHIP UNITS. 8041 (4 HOTEL Unly, EIGHT im AFFORDAS[F CERTIFICATES, NOTES, VICINITY AND CONTROL MAP HCUING JHITS THREE (3) COMNERIBil UNIS. 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ASPEN TOVA,tillE C~NER 9 Â·9 EASE~ENT. 70 6 AL[IMATTILy W CEN/RUM' 9(r mAn ELASS'ENT COMPANY WFNDED TO UE 15' ON EITHER SIDE Cf DO)ICATED Ott TIE MAL PUT ELEC?RIC. CABLE, PHME 12' 07Â·1077 E45Â£IEâ‚¬ DED/CATED r..O REBAR k END CAP IN EIRD( FAVER LS ,[2015' RECEPrrON No 125*99 ~ THE CENTERUNE OF IE AS-BULT , Cy- e?LIDENCE' â€¢T Ur. Nat AN[} FAA unt InES .- 5FON THE JURIT /wÂ£NDED PL/ T (// L S not.51 \\ F RESET BRASS 'SK KS #8/43 /11GNWENT OJ THE WATENUNE \ 2 f SUB.'4(SIONÂ»10 *ER .Al DECÂ©UED CN ME FINk PLAT / 1 I CF U rTLE N,Ea 9,LSD,MS,ON'-ELEVâ€¢ TO, - 7937 ~5 CED/CA TEL> M nIE F,NAL PLA T 0,7 2 2 ..... EASEUENr 'GqED,rv,7 RESIDENCES AT /TU Nal Sl~EnHigip~el 1 SE- SR' 55 013* RESIBcÂ£5 Ar L,TTLE ,â‚¬1Â£ \ .1 J REC(*fIED As PET Pill207 ~ r l L' 62/43 7 01 I -':r Â·t\A kw E 1 \ SE T 0?ASS LNg< 4 4 S'75-09'lrE ,975â€¢09'fry , ~ 1 ~ ~ ~ . LS "28643-A F sH' i 'Â· /(7 ' iI-Â· - - - - - 444* SE. 89,~S5 05 , â€¢ 14Â·50 Â·â€¢r E ~ / *PÂ· ./LS /28643 r. 1 *.AriO'Â·69-, ~F L / #/2 *418*timmium . ~1 / r.-7 ifii b 5.5' UTIEITY ENCROACIKIENt WTO DEAN Ave,UE 1* 34 1 .2.37 0 , 1, 11* 2 , . . 1% immkifpilli FENCROACHUENT UCENSÂ£ ~2284 RINT-OF- WAY POt 1 i 10.Â· 9(1Â»46 FASEWINT 1 494.61./ ~ IL i . / RECORDED AS RECEP* A Imm~"MAQAÂ¢ 1 / 5,07206 , DED:WED ON THE AN/1 PLAr OF VE 914 - 4---- -73-3--4 1 111 1 ..1-.11 lili!01 , 3 1/Â·50 79Â·Â· / , 6, .1 5 ,- - . , r'll .., !20.24' '1Â¥ESIDENCES ,â€¢T UTTLE MEL 5UF[)fvISJCN/P~JC - I. 19 0(X]. 1 r 4#11.111.11 4-11'42111",1- ED RE'Al & CAP j 12_03' 11 1.1 1- . 411110.. ..1.-1 11>21 - SET BRASS l -11 7 CNEK LS ~12863 U LOT 3 FIRST AMENDED PLAT OF x . Ularry EASEWEÂ·,fr DED,CAJEO IN -1,E ) lili 'WENDED PLAT W UFLE NELL UT'TLS NELL SUBDIFIS/0.4 i ~~ ~~; ... = --- .- .----_ -_.-_---- -1-Â»Â·11, LOT 2 f,)257Â· AMENDED PLAT or .5//DriSION I ~ LITTLE NELL S[TBDIVISION > A. lul'EN NOTES GRAPHIC SCALE â€¢ i DATE OF SURVE Y APRM 2001 AND ALIGUSTIONEMBI 2008 J: 20 C 10 20 40 80 2, DATE OF PREPARA'!ON JANUARY -MOVIEM8ER 2008 31 8*SIS Oâ€¢ aEAR]NG A BEARINGOF 475'091Â·- WITW'EEN IE FOUND FK NAIL AND SHINERS LS #28!ieU/UMENTINC â„¢ENCRIER!75(JUNCARy.INC ( IN FEET) I Nof [H OF NELL CONDOWNIL?,16 F SHOWN ON SHEET 1 OF TS 1 inch =: 20 ft 1) BASIS OF SURVEY THE RECORDED PLATS OF RESE]ENCES A; UNLE NE.L SUBCA ISION:PUD TIE F.RS; AMENDED MAT OF UT-LE NEU SUIDIVISIC,1 THE FIRST AlilENDED PLAT OF TIPFU WOODS SLENXVISION, VKAIOUS DOCLMENTS OF RECOIE, AND THE FOUND SURVEY MONUMENTS MS SPOWN 5) I SIS OF ELEVATION -}iE 1998 CrrY Of /PEN DREXEL BARELL CON TOUR DATUM WHICH C S BASED Ort AN ELEVATON OF 72]38 AAVD 1388) ON -PE ICS SOPRIS ENGINEERING - LLC 5-ATCH'S '50' THISESIBLISHED A SITI BENCHMARK FlEVA1Â·ION OF 7937 75 ON -HE BRASS DISK t S 1286.3 UONUUENTING TH[ POSEON OF ASPEN , ron" smE coleÂ£ R NO 9 As FIN HEREIN CIVIL CONSULTANTS uT,7 -Cs>ViNCE-DiC.....!.'AJSTSn-liZEA. FCA 6) THs SURVEY ODES NOT CONST] TUTE A n TLE S EARC. BY soas ENGINEERiNG. Le (Â·3/1 rO [oFFI-11.IwE OrmERSFIP OR EASP,ENTS 0. RECCÂ·RD FOR 502 MAIN STREET, SUITE A3 ALL ]NFORMATON REGARDING EASEMENTS RIGHZ<7-WAY,Ne.IR TILE RECORDS SE RELIED UPON 'HE ITEMS LITED ~N NOTE 4 ANC IE 7/E 4C-iCNB,SC u'CW ./ 2'rECT I.'5 3. EY i4[IHâ€¢ Dll./.RE 4-TEfaCUC:PETDISCag~C},1FECT riNCE'.EN,W~/~,A[In~ CARBONDALE, COLORADO 81623 COM~,BrMEN T PRip/AEO BY P/KIN COUNTY T 1LE It.C. UNDER :15 E 40 PCT1929/RER ED-ElvE & VE OCTOBER 30 2008 9mED ,104 ANvtÂ£FE.7 14 A Sa.m.~V eecc-,M=5 wei"Â·,~im, 9. %/ r E Â¥wc or JER f flcAT.../-1â‚¬KON (970) 704-0311 1...:-6./2.30Â£C.lf I. I. I. li- 44. f 7Â· 159 /6 S 75*09'11" A HIWON DEAN AVENUE .. P Caudill, Pitkin CÂ©unty, CO PLAT T 1- Tit ...1- TILI,/1,4'1.tli.~ilt '.--L J- 11 - 1. 1 CONDOMINIUM EXEMPTION MAP OF: RESIDENCES AT THE LITTLE NELL 839 f.36 A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF GCE THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO [fRAS}41 112 SHEET 5 OF 15 nal. 3)11.. GCE *EE BUILDING, FIRST FLOOR PLAN p. :CE . IRAMPI . PC)911 COCIERET PROPERTY BEXÂ»ID#,rf SCE 15 89' BULDOW ACCELS [FIRE ENCROACHUSÂ¥7 'Nrc Of.AN _ 3.31' AvENUE RmT-OF--WAY PER CCWTROL] e;CRIACHMENT LICENSE I ' RECORDED AS RECEP-TION , 51 0205 GOE 32Â»*Ek 2 0.% 1 ..7 GE 1 UNITAH-7 L f ' P.1 ' . 23.0 = 79115921- 0213'50/7.08' j -/CE r *7~10'W 2.18 -4 2 r '3753'502 5.77Â· - ~- ~ z GENEFk NIFES: U - a r---t , PLAN VMEWS ARE FROM ARCHITECTURAL Stm117-TA DRAWINGS " ; '4~ : v.323.33~ I. -7 . UPDATED Â¥FTM AS /1,!LT DIMENSIC*S ANO ELEVAP,4 -'7'1~ ; : lay d 1Â· c sCE 1 . . h INFORIMNON Â·441 ' c Â· .137' . . CCE ./ . /,99Â·4 4 IENTRY FOYER] 4 2 50' ~Â· GCE .4 [LOAD.G oooq J 1 L~ 1.1 k UNIT AM LCE = AND LGE F H OMENSICNIAREFROUUNPREMED [WA}KWAY] BM< w luy * ORYWAIL SURFACE TO UNPAIGHED [)RYWALL SURFACE r - u - . - . . I . Lg u mi I. 12.53 12. 179 12.78' , 12.80' 0 .80' 12.78 1 -uce / ;.CE C-1 DIMBS]ONS FE FROM UNF1MStÂ·ED DRYWFLL SURFACETOLNINSHED[RÂ·r,YALLEURFACEORINTHECLSE 5 ~2'- C .0 IX)CK i COE :4 ~ 1 10'7 I~3263'52-1 0 75' ~ ~ 8- IST[jugn ~ELEVATORk~ ~2 1 24< /19 2 5/ 1~, 3 R ZA 3 . OF ELEVATOR 5 AND 7 SHAFTS FROM CRCEFE â„¢CE TO .0 2~tur~ 8 UIT AM-2 ul/~1%0.7rn Tr L'I:IA''L5 081 7 -91 0.8771 UNI AH 6 " i.' UIC-80 82,4 UN~NIT H-# 00,1ENSONS NRE FROM liNRINSPED 3914' 5 40 M.. 1%.1 .9. 6 1 , 4 OCE DE CORIEN BEARS 2 P 7,0Â· IFF . . -1 *FF W.E. 4 79.1.,t 7@C m FF . M rwi airÂ·~ L 0 29* 2 - BrIRY LOBBY, ; r S.2753'97. 1.4/ _ FANK /39'/.E ./.84 DRYWALL SURFACE 70 UNCINISHED CRYWAL. SURFACEI - ;; al':~279Â¢799 -~ ~ ~:i-j- w 5 ..3176~~ 9 ~ '~ 1 e 5 1 11' # -Â· Â·Â· 0!31' -1 9 STORAGE] ' GIE 4 8 _ I c ./3 . c, ~- o CE, t ~~p - Â¥LE,KIOR/ 1 fNJ253'5~ 1.50' k. - le:M W UNITAH# AND UNIT H-#ELEVAIONS ARE FROM FENSH 4 2 2 ci,ki 30Â· 2 ci'756"8Â· 8 0 ~ 0 FLOORING TO Â·UNANISHED )*IVXI CEK.ING tig =; UÂ£ CORNER DE CEÂ¥NER BEARS 7?E CURNER ni COW?p? TE. CORNER, [ELEIATOR %5 2 51' 3- -CE ...ST Â·IE fORNER * 1 7951 44' GEE - CE 795'.39 ' . " 41 . ..4 21wn SURFACE TO UNFINISti ED DRYWALL SURFACE 1Â»81 _ *85 8[IRS - 6142'39-OTE ' GEE , UNI C-2 DIMENSIONS ARE FREN OFINISH ED DRâ„¢;ALL. 17M. - ..437Â·* e 6,Â·27727 7 Nie= -31 4)229 $ -**IA#~. 7,'32Â·-1\K P-E~~~. 5~-*=Tlf L(Jami ~,~ 79~055. E )45UL M . 48â‚¬ \ 3 'gg 371 - 1 f ' * 7950.44'/ \ 182 M 14a 26' 1 " lE.EVITOR, i Z Y LT:/63'50~/ 1 . LIN,T C.2 ELEVATIONS ARE FROM 9NISH P.OORING TO 30/0/ -Lf UN~D~~0~ARE FRON UNANISHED Dfilli a 1949 i /~1 07 53 "-â€¢ 12.al'O N'20' .-. 17 7/M 1 4 12'~ 2 - 89 ./....1 cr 71.uy. : k ;Ar....2.10 F I ./2 -Ur i OCE f..0.60' S JRFACE TO UNINIShED ORÂ¥WALL SURFACE o CE 7940 a LNE AH-2 7 UNiT AH.3 9 UN,TAHÂ·.i UNIT AHÂ·h UPUT AM.6 7 UNIT AH.7 7 GCE UNITAHIn GCE IDICK OFFICE, 2 5' Â· 3.35 GCE p.-2.,9, 2 A IE 794... :t CORRIDOR- 4 1, j 1, j NCCRRIDE)31 16 JATOR) RE-742 -1 25 10 1 /4/ C-3 ELE#A -IONS AE FROM FIN B_DORIG TC BOT--DA a ./ce -&- 795 -1 UN[â€¢AH-4 ( 7/. S~â‚¬67 | ..5 9~6/7 "'MS 9~Er f j niPS NVEK7 ~ aqS SVEL r up,5 MEE-~ El_210.IJÂ· 5 -=15/9 / i ~'~~ OF COMCQUE CE.UNG : 1 50 OrDUL | SEE DELâ€¢/ SEE JE ." 1 | SEE DET*(1 SEE DET.k bROCAd * ar~u1 ~ ..' 4/ 1 -Ch.....5.43 R=ell " . 8 DING -ABL E GCE OCE 2.47'3 M 2 F 1 1-0 76' . C]8 0 HJ .HAN 14!ECHANICk . 7949.85 ; a ...40 I . Gr.E ~;~- 2 48' tRECR-MTJON ROOMÂ· 5 F 79}137 P 21:tr.35.0 w SCE GENERAL COMMON EUSIENT CHASF1 DORRIDOR CE 7~030 C.---ICA.1 Â· -~48 - CO 1 1 CU I ;ir' 1322' . L 11â‚¬ COR~ER Â· L \ - rm CON" >1 1., /7,Â£ m.e ' / S.wE b GCE . 135 2/.97 .. p 5.96~ :2299 3% 1 15.91 t ' CE - Lil,IrTED COW/N ELEIAE;4.r . DE CORNS? REA,RS 'F 7NISHE) 9 COR ./. 56 20 E -' . \ /45/3'58"E -1~Â¥ NslÂ·30'Sâ€¢â€¢E -r--/29-6'03-W 2.22 {RETAÂ·L 4 ~ N.39Â·59'~r 776.80~ ~ _ :~:,IR <~RS .1 \~ 8Â£ART, 61 14 - SEARS _1 Â§}WRI Â£*-90'43'579 0 31 4 GCE GCE . a 0 4 : 1 475 77 149.61 u F - 'â€¢a w 41991 J >/ A,60-43'5,/E C X *:. r 50 - 80-TOM CONCRETE COLING E..EVATOR, Â· CORROORE] . 1 4 :-19.24 M... 1 4.:1: 1 CE . CEIUNG UNIT Ca 7 ARCADE -2?72-i = 4If ff ~-Q~ - f-1*3~- - 33.35 , 41# Â¢ . 7/2.75 9<3 85 CE 2 e .c,d= 18 45 R=..18 LCE.H ~BOARC ROON Â·Â·-1.50~ 2.50 - 1.59'7 9.64 ..8% I [187 ~5733'38 - - 0 .b Aiu AFFORDAaLE HOUSING UNIT a BUGNESS CENTERI f =%26'.- 1 aL gy 1 - ~~~~ - 1 1 10 4 -FRACTIONAOWNERSHIPUM?7 0 MS.Jl r.,1 1 '27 ~.50'-~ 7 1 . '2%.0 I. AN H106 UNIT HÂ·107 - 9 ~ ~~ 77Â£ CON~~SEARS ~ 1 CE 7351.8Â·UN~ ~r J Jo, L L 6 45' 7ir'-Â«5Â· seâ€¢ring=No2 -5c'05-6 7- i -- _ i , l 5,4 .1- u HOTELL.141 7 -COWMERCIA.UNi- . 1. NI' "43*43'E - la , 7,41,9 * 292 89 f~ GCE 30.ETS! UNA~-2 14.77' 11 794 60. I q :18 :1 3 0 :' 3 1 7951.. 8 9. CE 795.0 ; r.l -ELEVATOR t5 GCE . t . 1/ 50' ./ JMT EL.02 . I cE 793] ar jz p.8 . PARKING UNIT 1,IECHANIAL CHASE] ** CE 7951 8Â¥ b f 1 78 'a"' 8-1 151.0 ~ CE '71 Ee ~1 GEE .,sÂ· -4119.13 - 7Â»a3 CE 220'--/~,~~31~15Â·10'221'--<~ I 1 1 co.7 - 1 9 em 1/ .i iNTERTOR COLUM,S {STRUCTIel ELEME'aj.MO ATTACHED SUILDING */'~ CE 7950.15' 4 3 & I . UTILITES PFLANY Mâ„¢1,1 A CON]CI.INIUM UNIT OR LCE BOUNDIPÂ¥ ARE GENEIUL COMWON EEMEN-1. THESE ELINTS H ANY, *D AMY NVER!OR 038'-~ i. 1550' 14.48' #ORRIDOR] GCE WALLS HAVE NOT BE El, EXCLIDED F:ROM THE UNI- SLIME FCOT WAN[TOR] 524' 7*%#7;~'k,\ GCE C.UJULATCNS , lili* / , - .. .0---1 - -li 1//CHAN,CALT . 3.330 - CE 7949.86 X~- PEHANICA.i 3 d ECE l_.LI N I N CE 79/uY 1.--Â¥70-1'78-1 C LCEC.1~ LCE TAgUE . 795169' IE - q-/1.53 froil/'St '1'JU Jkcace, lanATOR L-28,05 7 _CE F â€¢_CE PAR-ICULâ‚¬1 -0 Al, UNITS Dâ‚¬SKâ„¢ATED WITH A c,FRACInDNAL Cher*â€¢27 74- 6 418 1 L08B.I GCE Beorhgz= S08Â·49'08Â¥ i 7=6 1 Elf'/A TOI ,7 -~ 14, 1 7 22' 1 CE P _C E DAR-OULAR 1-0 AL, U NITS DESIGNATED WITP A H [HOTE: Aâ€¢=50'58'2'13/ DE CORNER BEARE -2 2 - 1-R'IM /- 3 1â€ži.,0-5 37 N22Â·49'46'E Ill 87 1 f ElfEI 3~~30-/ 02.3" DCLE ,7 3% 1 BE CORNER BEARS J. COL;RTY.ARD -38.85 2 2#EJ- SCALE-'=5 .CE FH- LCE PARTICULAR -0 All UNITS DES,GNATED WTH A F,/ !9:lâ‚¬7]0â€¢UL CE 7~50.M - 344'q I r f /0. C J [SKi LOBBÂ¥3 LCEFH 1235 4 , C,ELE' AND womo . *' 1 7,41,40 *I 6 19<I /0,10[9Â® 6 2.1/h g 8-32.50 ~E~~4~ _CE PARTICULAR 70 DES.GNATED COMI. ERCIAL CONCOkl' I'L I .]N; ~ >9Â·-ZiN' w ne. CE 2*/ . 2.4:U.1 - u-Â·-41 GRAPHIC 3CALE t=411 ~ /300*10-W F 0 42' Chord- 4 11 1 X zooÂ· ,/-0 45.,5.24Â· 2 0.-1 h. 1 ____1*fL__1 LE 1.- 10.83 111 ,- 775Â·02" y: 30Â· hi 47 280 0.95.-j'I . CONDOMIN,UM UN[T NUMBER Scoring-/23*25'05-w \ j -, _CE Fl - LCE PARTICULAR TO DESIGNATED ll'104â€¢2 /taERSH:F 1 7952 0 Â· C 01 n:tr ) GCE [CORRIDOREI Â»951 - r N14Â·5350-E NORTHIOUTP INTERIOR WALL BEARING DP :267 1 0, i Â£ Inch = 5 / 575Â°06â€¢0'EEAST-WEST Â· INTERIORWALLBEARING{TYP, 1 ~ ~ 1 N 14~53 50-5 ~ORTH -SOUTH . EXTEmOR WALL BEARNG (7Â¥P CE ?95047 38.. . CORNER BEARS / GCE 13 20 LCE F GE UNTH 100'45-13'47-E TOS 26 - F LOCKEREI S75Â·06Â·0 E MS- MEST Ex IR!0A WALL GEARTE'.TYP Â· G 13.19 10 58'.1 61 Y CE 7951.93 .. -t89:' (IE 20.67 [STATR] 4 3Â°57&4 PAVED? ~ CORNER 9, /1/0 FOM~5 F m CE 7%/38 GGE ... 20 09' fiOUBil ' i ALL AREAS ObTS ICI II ININVIDUAL AiR SPACE CONCOMIHIUM UNIS AE GENERAL C[}M',e. 0 68't Fr,5Â· Â·70 8ENCNIMANT IE CORNER 4 .5.'-7 .00' 23.200 /02*391Â»- 4 1 21.98 EUMP, Ts (GCE; OF Msi[E-NEEMLL~ LIGE NSI UNLESS 1[>ENTiFED AS A.NUED CO/AO'. eettng.yerÂ» 37 1 ~ 94020â€¢CHMENT LRJENS, ICEO ~ Elfy,em - 7937.73 Ed/EN- FLCE' RESER'a:D FOR USE BY FEWER 1/AN ALL 'HE CRIERS OF TME NONICUM. AIR SPACE ~'~ #ITY EMCIONGHMEMT JITS -abr ne 4 ! It OEAH / %42'E IGHT-Of- MAÂ¥ PER SCE ~M[CHAIC,11 ~ $ ~ 91% AS RECEPXW / 5107206 :- SOPRIS ENGINEERING - LLC - GRAPHIC SCALE 0 , M 7''i,4 ...r.>. 'i / CIVIL CONSULTANTS PLAN VIEW FIRST FLOOR -3 / 1 1 ~0!LF ~ZOD/-2104/00 'J~YUL..lcck,ID.W IG'Â· 502 MAIN STREET, SUITE A3 ACTO(3~20/'ON~â€¢Y DEFECT InlISS-;irÂ© MTÂ·â€¢INri~El* CARBONDALE, COLORADO 81623 HORIZCNTAL SCALE r â€¢ 10 ( [}1 yKET ) 4..R '/3 FIRST"r.....u.HOE..r 'I~OE-v~/'*YAMY Amo. 1 u. h .. 10 M. aA:ED f.$04 Â·WiÂ· .-IC- i 7[.S SURÂ·y~7 8Â£ CO,woKID ~09. rwAN TEN ~EARS 'Te' n,EDATE . curp[Al[Â»,SACm.... (970) 704-0311 7240 I. 2724 SeÂ¥38 **ato EU ~ 58Â¥36 43â€ž 5 it ~ SeÂ¥70 31! N8Â¤23 JU 58/8 .NeD' U 3' 1% 58Â¥36 INeo:> 3{1 ..rn *20.82.6â€¢N M *D 3.5/I.9*N Â·rc HA _499,LL.g,U ..70.3.aerÂ·.N '0 901 3.5t./fÂ·OIN _ ,9/99' G. 0*N .ZI'*61 .Ler,2,Â·Bil If. ... JS, 3(1 .... Exhibit H --. CONDOMINIUM EXEMPTION MAP OF, RESIDENCES AT THE LITTLE NELL 829 f 36 A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF X. 1 THE 6th P M CITY OF ASPEN. COUNTY OF PITKIN. 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Jan,co K Ve. 1 MINIMUM COMMON AREA~ poss :~ ~ ~ AREA IN YELLOW HATCH =;~17 SF REQUIRED TO BALANCE THE 260 SF DIFFERENCE IDENTIFIED IN CONDO EXEMPTION MAP AND PUD Exhibit I AGREEMENT, ALTHOUGH SPACE IS CURRENTLY CONFIGURED TO INCLUDE MORE COMMON AREA THAN REQUIRED EXISTING WALL R--Â«11 -.1 111 1 HERE AND DOOR i 1 ...7- 1 i AT END OF ~ , ~ 5-11 118' L l 1 CORRIDOR I i i .2-1 1 | -aÂ«Â»6-J 1 r - 7 - \]10 1- ' ' 0 ,Â· i t:, Il--41 kl 0 0 1 -- 13, r~%44.14 ' Of :4 422|i' . 2----~-27--1i L ~t7 3=712:*=11 I 4 ---%0041-0 1- 1-OL=In --ff-24 ' 11 \â€¢ ' 6 1 A== -1 -- I .9 7 --..4 1-7 1 10., -1~ 1 3 2 9 - .1 i .4 _ 194 1/2 00 L= . C -1-1.- U \ ,/ 1 4$- ---- -----1 h: 1 M / 1 7' '3> 1 1 1 \ I.-....| r"/ | ' - - ~ | -.-- r------- Z_/7 . SU--2, \\4 1 .(2 Fr~6Â« ~ g . t , N , S . 1 ..94- -7i~=4/- $ m 16 +7941.75 4 i. 7940.75' + --UNx 25:598 - G,, 09 S.*443 ~ ~~ Â¤ :131~ * ~53 9 0 0 ' 17/ . - 1-193* ..1 V * - ~6 30 1 9-8Â· m 9. 0 1 N lim . . =Â£ 4.1 J Jt--4.786 Ef ~ I 11 1 , ? -f. 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WIC IF= 2 ---L_-EL 1 42 1 4#p- 1 r 11* 5@10 i If 8 [t] Z 3 23 1 , 67 1 5 ' I ' I filli- 97 1 L--7 1-A #11& L./ 141 .far- 1.-~.1/ 1~ CJ -11 1 1 454 19Â·-6 1/2 12Â·6112' , 11' 9 3/8 11-15/8' ; 7-21/8' , ~-5318Â· l 11Â·21/4Â· 0 '-1. 1 \-3 ., 1 0 1 1 20'-10 ~MS 6Â·-10 1/81 [1------f--141-=-t---im____ __-4_*F-L=-- m --1-a---- I - ---c.18------1-- C 1 1 ~Â«7-- ~ ~ AREA IN BLUE I | | - | HATCH IS OVERALL 1 1 1 1 1 1 1 AREA IDENTIFIE4 1 1 1 IN CONDOMINIUM| 1 1 1 i EXEMPTION MAP- 1 4,78~ 1 1 1 1 1 1 1 24Â·+8 22'-10Â· 9-61 6 14'-8Â· 22Â·-6Â· ~ 27 -0' 17'-8 32:2 9-4 6 4 U 1957 6 0 U U -FLOOR PLAN NOT DRAWN BY ZONE 4 OR VERIFIED OUTSIDE OF OPERA UNIT SPACE -PURPOSE OF DIAGRAM IS TO SHOW rh RETAIL FLOOR PLAN WHAT AREA NEEDS TO BE DESIGNATED RI-N IST FIL)() R RETAIL SPACES AS COMMON AREA TO SATISFY FLOOR PLAN DISCREPENCY BETWEEN CONDOMINIUM A210a EXEMPTION MAP AND NET LEASABLE AREA APPROVED BY PUD AGREEMENT '13*OS EEI 1, '9Â·ot . 1Exhibit J 111 1 111 11'll illililillill li lit lilli lilli 05/17/2005 04:01 510210 Page: 1 of 33 SILFIA D*,S PI-KIN COUNTY CO R 166.00 D 0.00 SUBDIVISION/PUD AGREEMENT FOR THE RESIDENCES AT LITTLE NELL SUBDIVISION/PUD THIS SUBDIVISION/PUD AGREEMENT is made and entered into this '7 u. day of May, 2005, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company (hereinafter referred to as "RLND"), WITNESSETH: WHEREAS, RLND has submitted to the City an Application for Final PUD Development Plan Approval (the "Application") for certain contiguous parcels of land situated within the City of Aspen, Colorado to be consolidated, platted and known as Lot 1, The Residences at Little Nell Subdivision/PUD (the "Property"), which Application requests the approval, execution and recordation of a Final Plat of the Property (the "Final Plat"); and the approval and recordation of a Final PUD Development Plan and related documents (collectively, the "Final PUD Development Plan"); and WHEREAS, City has fully considered the Application, the Final Plat, the Final PUD Development Plan, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat and its approval and recordation of the Final PUD Development Plan, such matters being necessary to protect, promote and enhance the public safety, health and welfare; and WHEREAS, RLND is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application, the Final Plat, and the Final PUD Development Plan; and WHEREAS, under the authority of Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure (i) that the required public facilities are installed and (ii) that the required landscaping is implemented and maintained, and RLND is prepared to provide ~ such guarantees as hereinafter set forth; and 1 2=1 .. 510210 111&1111111111 lilli 111111111 Illilli ill 111111111111 Page: 2 of 33 05/17/2005 04:01 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 WHEREAS, contemporaneously with the execution and recording of this Subdivision/PUD Agreement, City and RLND have executed and recorded the Final Plat in Plat Book 73 at Page 1 /, and City and RLND have recorded the Final PUD Development Plan as Reception Nog>â€¢l 09, both in the Office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration o f the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final Plat and the approval and acceptance of the Final PUD Development Plan for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION/PUD AGREEMENT 1.1 Purpose. The purpose of this Subdivision/PUD Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the development of The Residences at Little Nell Subdivision/PUD and to enumerate all terms and conditions under which such development may occur. 1.2 Effect. It.is the intent o f the parties that this Subdivision/PUD Agreement shall effectively supercede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations and other documents and agreements encumbering the Property, including without limitation those matters identified in Article VI below (collectively, the "Prior Approvals and Instruments"), and City and RLND agree to cooperate in the execution and recording of such documents as may be necessary or appropriate to accomplish the vacation and/or termination of said Prior Approvals and Instruments. The parties anticipate that these recordings will take place contemporameously with the recording o f the Final Plat. However, a delay in the recording o f any such vacation/termination documents shall not affect or delay the recording of this Subdivision/PUD Agreement, the Final Plat, or the Final PUD Development Plan. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinance and Resolution. Pursuant to Ordinance No. 30 (Series of 2004) adopted on October 12,2004, the Aspen City Council granted final PUD development plan approval for the development of a mixed use timeshare lodge containing 24 fractional ownership units, 2 free market residential units, 8 lodge rooms (hotel units), 8 affordable housing units, approximately 8,900 square feet of net leasable commercial space, and a subgrade parking garage (collectively, the "Project"). Ordinance No. 30 also (i) granted subdivision approval to subdivide a portion of the adjacent Aspen Skiing Company property, eliminate the existing internal boundaries within the Proj ect site, and replat the remainder ofthe adjacent Tipple Woods Subdivision; (ii) rezoned a portion of the Project site to CL, Commercial Lodge, Planned Unit Development; (iii) granted approval to condominiumize the Project and to 2 .. lilli Il lillili 11111Ill lilli lili lili 510210 Page: 3 of 33 05/17/2005 04:01 SILVIA D K,5 PI G.:N COL,i.TY CJ R 165.00 D 0.00 sell the fractional ownership units pursuant to a timeshare use plan (the "Fractional Ownership Plan"); (iv) exempted from growth management the conversion of existing residential reconstruction credits to lodge units, the reconstruction of demolished commercial square footage, and.the Project's on-site affordable housing units; and (v) approved an amendment to the Little Nell Specially Planned Area plan. Pursuant to Resolution No. 28 (Series of 2004) adopted on August 17, 2004, the Aspen Planning and Zoning Commission granted 8040 greenline approval for the Project and also granted special review approval for the affordable housing units' on- site parking. This Subdivision/PUD Agreement incorporates all o f the pertinent provisions of Ordinance No. 30 and Resolution No. 28. In the event of any inconsistency between the provisions of Ordinance No. 30 and/or of Resolution No. 28, and the provisions of this Subdivision/PUD Agreement, the provisions of this Subdivision/PUD Agreement shall Control. 2.2 Dimensional Requirements. Ordinance No. 30 established and approved the following dimensional requirements for the Project: (a) Minimum Lot Size (Sq. Ft.) 66,737 (b) Minimum Lot Width (Feet)* 206 (c) Minimum Front Yard Setback (Fect)** 0 (d) Minimum East Side Yard Setback (Fect) 0 (e) Minimum West Side Yard Setback (Feet) 0 (f) Minimum Rear Yard Setback (Feet) 4 (g) Maximum Height (Feet) *** (h) Minimum Required Open Space (Percent) 0 (i) Maximum External Floor Area (Sq. Ft.) 108,000 (j) Minimum Off-Street Parking Spaces **** * Measured along the Dean Avenue right-of-way ** Measured from Dean Street *** As represented in the recorded Final PUD Development Plan **** 2 short-term spaces within the porte-cochere and 70 spaces within the underground parking garage 2.3 Vested Rights. Under Development Order of the City of Aspen Community Development Department issued December 23,2004 with an effective date of January 8,2005 (the "Development Order"), the right to undertake and complete the development and use of the Property pursuant to the terms and conditions of the site specific development plan for the Property is vested until January 8,2008, and shall not Â· be altered, impaired, diminished or delayed by any.subsequent zoning or land use action that is prohibited by Section 24-68-105(1) o f the Colorado Revised Statutes. In accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment o f such vested rights for the Property was 3 .. 510210 il':11 111~ 11'ill lili Illi lli n 111 'lin 1111 lili 05/17/2005 04:01 Page: 4 of 33 BILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 conducted on October 12,2004. As authorized by CRS Section 24-68-102(4)(a), City and RLND agree that the site specific plan for the Property consists of and includes, but is not limited to, the number, permitted size, and configuration of the fractional ownership units, the free market residential units, the hotel units, the affordable housing units, the commercial spaces, the parking spaces, and the other spaces and areas in the Project, the Fractional Ownership Plan, and all other matters set forth in Ordinance No. 30 (Series of 2004), Resolution No. 28, the Final Plat recorded in Plat Book 73 at Page 1 1 , and the Final PUD Development Plan for The Residences at Little Nell Subdivision/PUD recorded as Reception No. Jr'.2 0/, both in the Office of the Clerk and Recorder of Pitkin County, Colorado, this Subdivision/PUD Agreement, and all other documents and plans recorded concurrently therewith. For purposes o f this Section 2.3, this Subdivision/PUD Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 3.1 The Components of the Proiect. The timeshare lodge Project approved pursuant to Ordinance No. 30 and Resolution No. 28 will consist o f two attached multi- story structures which will contain a maximum external floor area of 108,000 square feet, calculated in accordance with the City's floor area regulations in effect on October 25,2002, which floor area regulations are attached hereto as Exhibit A and made a part hereof by this reference. The Project will contain the following principal components: (a) Fractional Ownership Units. The Project will contain 24 Fractional Ownership Units which will be condominiumized and sold pursuant to the Fractional Ownership Plan defined and described in the Declaration of Condominium for The Residences at Little Nell (the "Declaration") to be recorded in the O ffice o f the Clerk and Recorder of Pitkin County, Colorado contemporaneously with the recording of the Condominium Map of the Project. The Fractional Ownership Units will consist of 19 three-bedroom units and 5 four-bedroom units, and will be configured so as to contain 40 separately occupiable lock-offs or keys. As provided in the Declaration, the Fractional Ownership Units will be available for walk-in, short-term rental to the public when the Units are not being occupied by an Owner, an Owner's guest, or persons occupying the Unit under an exchange program. (b) Free Market Residential Units. The Project will contain 2 Free Market Residential Units which will be condominiumized and sold, and which may be occupied on a short or long-term basis. It is not anticipated that these Units will be subject to the Fractional Ownership Plan, but under the Declaration RLND has reserved the right to convert either or both free market residential units to a Fractional Ownership Unit that is subject to the Fractional Ownership Plan. Under Section 9 of Ordinance No. 30, these units may be converted and included as part of the Fractional Ownership Plan pursuant to an Insubstantial PUD Amendment approved by the City, 4 .. 1 Ilit Ilill Ilil 1 LI lill'llillililillti ilill lill 1111 05/17/2005 04:01 510210 Page: 5 of 33 S LV -A DAVf5 PITKIN COUNTY CO R 166.00 D 0.00 (c) Hotel Units. The Project will contain 8 traditional lodge rooms (Hotel Units) which will not be subject to the Fractional Ownership Plan. These units will at all times be available for nightly rental to the public. (d) Affordable Housing Units. The Prdject will contain 8 Affordable Housing Units. The Units will be configured as sgidios, and each Unit will contain a minimum of 400 square feet o f net livable area. The Units will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 2 income and occupancy guidelines for rental units in effect at the time of recording of the Condominium Map for the Project. The deed restriction will reserve to RLND and its successors and assigns the first right from time to time to select and place qualified tenants in the Units. No Certificate of Occupancy shall be issued for the Project until the deed restriction for the Affordable Housing Units has been executed and recorded. Unless a different arrangement is worked out with the City, and only to the extent necessary to comply with applicable Colorado law, at the time of recording of the deed restriction RLND will convey a one-tenth of one percent interest in the Affordable Housing Units to APCHA. Said one-tenth of one percent interest is hereinafter referred to as the "APCHA Interest". The conveyance of the APCHA Interest shall be expressly subj ect to the understanding and agreement that (i) ownership of the APCHA Interest only gives the APCHA the right to enforce the deed restriction on the Affordable Housing Units, and does not give the APCHA any authority or rights that are not specifically set forth in the deed restriction, (ii) in all other respects, the APCHA shall be deemed to have no ownership rights or responsibilities in connection with the Affordable Housing Units, and the record owner o f the remaining interest in the Units shall have full right and authority to lease, encumber, or otherwise deal with the Units as if such owner held a 100 percent interest therein, (iii) APCHA shall have no liability to third persons arising solely out of its ownership of the APCHA Interest, and RLND (and any successor or assign o f RLND in the ownership of the Units) shall indemnify APCHA from and against any losses or liabilities arising solely out of the ownership of the APCHA Interest, and (iv) the APCHA Interest will be conveyed to the then record owner of the remaining interest in the Units if and when the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions on affordable housing units. Ce) Commercial/Accessory Uses. The Project will contain a restaurant, bar, outdoor dining terrace, guest living room, fitness room, recreation room, business center, front desk/concierge area, rooftop swimming pool, and retail commercial space. The retail space, which is located at ground level and fronts on Dean Avenue, will be limited to a maximum of 4,520 square feet ofnet leasable area and is prohibited from being converted to office use. In the event the retail space owner deems it appropriate, the retail space or some of it may be reconfigured, subject to obtaining any approvals that may be required by the City's land use regulations. The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining terrace shall be open and available for use in conjunction therewith, weather permitting, all days of the 5 .. 1 iiim I- Ir IiI IiI* im .MI lililll *11 Iiui iiii MI 05/17/2005 04:01 510210 Page: 6 of 33 5 ILVIA D VIS PITKIN COUNTY CO R 166.00 0 0.00 year that the Aspen Mountain Ski Area is open for public skiing, for a minimum of three (3) hours after the gondola lift at Little Nell closes each day. In addition, the bar and outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run from June 15 through October 15 of each year, during all daytime hours that the gondola is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events may be held. (f) Parking. Under Section 2 of Ordinance No. 30 (Series of 2004), the City Council approved the following minimum off-street parking spaces for the Project: Seventy (70) parking spaces located on two levels in a subgrade parking garage. Eight o f the parking spaces will be allocated and signed for the use of the Project's eight Affordable Housing Units, and six of the parking spaces will be allocated and signed for the use of the owners of Lots 1, 2 and 3, First Amended Plat of ------ the Tipple Woods Subdivision. 3.2 Affordable Housing Mitigation. (a) Requirements. (i) RLND has agreed to provide affordable housing mitigation for 60 percent of the employees generated by the operation of the Project. The number of employees generated by the Project has been determined to be 75, hence affordable housing mitigation must be provided for 45 employees. (ii) RLND is also required to provide 12 affordable housing bedrooms containing a minimum of 4,469 square feet of net livable area pursuant to the City's Resident Multi-Family Replacement Program, which 12 bedrooms are considered to house 15 employees. The total number of employees for which RLND must provide affordable housing mitigation, then, is 60. The Development Order constitutes a "Certificate of Compliance" in accordance with Chapter 26.530 of the Aspen Land Use Regulations entitled "Multi-Family Housing Replacement Program". (iii) A minimum of 59 percent of the required affordable housing mitigation is to be provided within the City limits, and the remaining 41 percent may be provided outside the City but within the Aspen Community Growth Boundary. (iv) A minimum o f 50 percent of the required affordable housing mitigation must be deed restricted to APCHA's Category 2 income and occupancy guidelines, and the remainder may be deed restricted to Category 3. (b) Mitigation. (i) As set forth in Section 3.1(c) above, eight Category 2 studio Affordable Housing Units will be provided within the Project, which units will be credited with housing 10 employees. 6 .. 510210 1111111 lilli 11111111111 lili lilli 111111 11111111 lili 1111 05/17/2005 04:01 Page: 7 of 33 SILVIA DAVIS PITKIN COUNTY CO R 156.00 D 0.00 (ii) RLND has entered into an Affordable Housing Buy Down Agreement with Obermeyer Place Holding Company LLC ("Obermeyer"), whereby RLND has agreed to buy down 15 of the one-bedroom Resident Occupied ("ROD Units to be constructed by Obermeyer as a part of the Obermeyer Place Project (the "Obermeyer Buy Down Units"). Seven of these units, housing a total of 12.25 employees, will be bought down to Category 2 restrictions, and eight o f these units, housing a total of 14 employees, will be bought down to Category 3 restrictions for a total Buy Down Price of $3,370,400. City agrees that upon (aa) payment in full of said Buy Down Price by RLND to Obermeyer, which shall be evidenced by Obermeyer's written certification of such payment, (bb) the recording of the deed restrictions on the Obermeyer Buy Down Units to the Categories described above, and (cc) the issuance of a Certificate of Occupancy for the Obermeyer Buy Down Units, RLND and its successors and assigns shall be credited with housing a total of 26.25 employees. (iii) The 10 employees to be housed on-site, together with the 26.25 employees to be housed at Obermeyer Place, totals 36.25 employees, which represents 60 percent of RLND's required affordable housing mitigation. (iv) The remainder of RLND's affordable housing mitigation requirement, or 24 employees, will be met at the Aspen Airport Business Center, which is located within the Aspen Community Growth Boundary. These employees will be housed in eight 3-bedroom sale units being constructed by RLND pursuant to BOCC Resolution No.135-2004 recorded October 29,2004 as Reception No. 503623 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "AABC Units"). Three of these units will be deed restricted to Category 2 restrictions and five will be deed restricted to Category 3 restrictions. The eight AABC Units must be deed restricted, and a Certificate of Occupancy must be issued therefor, before a Certificate of Occupancy will be issued for the Project. (v) Based on the foregoing, a total of 31.25 employees will be housed in Category 2 units and 29 employees will be housed in Category 3 units. (Vi) No Certificate of Occupancy will be issued for the Project unless and until (aa) a Certificate o f Occupancy has been issued for the 15 Obermeyer Buy Down Units and such units have been deed restricted to the Categories described in subsection (b)(ii) above, and (bb) a Certificate of Occupancy has been issued for the 8 AABC Units and such units have been deed restricted to the Categories described in subsection (b)(iv) above. If no Certificate of Occupancy has yet been issued for the Obermeyer Buy Down Units, RLND shall not be precluded from receiving a Certificate of Occupancy for the Project if it delivers or causes to be delivered to City a collateral assignment of the $3,370,400 (the Buy Down Price) being held in escrow by Pitkin County Title, Inc. (the "Escrow Agent") pursuant to the Affordable Housing Buy Down Agreement, which assignment shall authorize and direct the Escrow Agent to deliver all. of the escrowed funds to the City in the event a Certificate of Occupancy has not been issued for and proper deed restrictions recorded upon the Obermeyer Buy Down Units by July 1, 2007. 7 .. 510210 till'll Illit Illill lilli lill IliN Illillilll lilli lili tlll 05/17/2005 04:01 Page: 8 of 33 SILVIA DAVIS PITKIN COUNTY CO R 156.00 D 0.00 (vii) The employees to be housed in the 8 on- site Affordable Housing Units and the 8 AABC Units shall meet the qualification criteria contained in the APCHA Employee Housing Guidelines, as they may be amended from time to time. 'The Obermeyer Buy Down Units shall be governed by the City Council approvals for the Obermeyer Place Project. 3.3 Construction in Accordance with Plans. Construction of the Project, and all o f its component parts, shall be accomplished in substantial compliance with the Final PUD Development Plan and with all architectural plans and elevations, utility plans, grading and drainage plans, site design plans, and landscape plans that are recorded contemporaneously with the Final Plat and this Subdivision/PUD Agreement. 3.4 Porte Cochere Traffic Flow, Shipping and Receiving, and Roof Top Decks. (a) Forte Cochere Traffic Flow. Traffic flow within the Project's entry porte cochere shall occur in a clockwise rotation at all times in order to minimize the impact of vehicle headlights on the adjacent North of Nell Condominiums. Vehicular access to tile porte cochere from Galena Street shall occur via Dean Avenue. (b) Shipping and Receiving. Commercial vehicles, including but not limited to delivery, service and inspection vehicles, shall be prohibited from using the Little Nell Hotel service dock on Spring Street to service the Project. All commercial vehicle activity shall be limited to the Project's Galena Street loading dock and parking garage. (c) Roof Top Decks. The Project's roo f top decks, swimming pool and hot tubs shall be used for the following purposes: Swimming, sun-bathing, food and beverage service, and similar compatible uses. 3.5 Dean Avenue Improvements; Maintenance; Encroachment License. RLND shall accomplish, as subdivision improvements, the improvements depicted on the Final PUD Development Plan recorded concurrently with the Final Plat, in accordance with Article IV of this Subdivision/PUD Agreement. To the extent practicable, said Final PUD Development Plan shall be revised to be consistent with any final master design plan that may be finally adopted by the City for Dean Avenue improvements. In the event the City has not adopted such final master design plan by April 1, 2006, RLND shall no longer be obligated to make revisions to the Final PUD Development Plan. Before a building permit is issued for the Project, the City and RLND shall enter into two (2) Encroachment Licenses covering the portions of the Project that will encroach into the Dean Avenue right-of-way, as depicted on the Final Plat. The first Encroachment License will cover the portion o f the Residences at Little Nell building that encroaches into the Dean Avenue right-of-way, and the second Encroachment License will cover the portion o f the surface utility systems servicing The Residences at Little Nell that encroaches into the Dean Avenue right-of-way. 8 .. 510210 ' IMmuminwimmiiiiwi,Intuu,Mium 05/17/2005 04:01 Page: 9 of 33 SILVIA DAVIS PITKIN COUNTY CO R 156.00 D 0.00 The design, installation, maintenance and operational costs for new surface and subsurface improvements to Dean Avenue shall be borne by RLND or its successor/assignee, The Residences at Little Nell Condominium Association, Inc. (the "Association"). New subsurface improvements shall include a snowmelt system and similar features but shall exclude existing utilities within the right-of-way. Costs of replacing surface and subsurface improvements as a result of accessing City-owned utilities or other subsurface work that damages surface and subsurface improvements installed by RLND, including the snowmelt system, shall be borne by the City. The City shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work on non-City-owned utilities. 3.6 Utilities. (a) Water, sewer, electric, natural gas, telephone and cable TV service - --- --- -- are available from existing main lines in Galena Street and Dean Avenue. RLND shall accomplish at its expense the utility improvements described in Article 4.1 below. (b) All utility service lines from these main lines to the Project shall be installed by RLND at its expense in compliance with the Water and Sanitary Sewer Utilities Plan and the Shallow Utilities Plan recorded concurrently with the Final Plat, and shall be buried underground. All of said utilities shall be installed as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. (c) All utility tap fees shall be payable in accordance with the requirements of the utility regulations in effect at the time of payment. (d) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. (e) RLND shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use of a pumping station. 3.7 Relocation of City Water Line. RLND shall accomplish, as a subdivision improvement, the relocation of the City of Aspen water line in Durant Street, Spring Street, and across Little Nell, in compliance with the Little Nell Waterline Plan and Profile to be recorded concurrently with the Final Plat, and in accordance with Article IV of this Subdivision/PUD Agreement. 3.8 Drainage. All development within the Project shall comply with the Drainage Plan recorded concurrently with the Final Plat. RLND shall be responsible for implementing the Drainage Plan, and drainage improvements shall be accomplished as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. 9 .. 1 illul Ill Illill lull Ill' llill lillill 11111'llilltilli 05/17/2005 04:01 510210 Page: 10 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0,00 3.9 Landscaping; Tree Removal Fee. All development within the Project shall comply with (i) the Overall Materials Plan, (ii) the Overall Tree Landscape Plan, and (iii) the Overall Understory Landscape Plan recorded as part of the Final PUD Development Plan (collectively, the "Planting Plans"). RLND shall be responsible for implementing the Planting Plans, and landscaping improvements shall be accomplished as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. A tree removal fee in the aggregate amount of $32,252.84 has been paid to the City by RLND. 3.10 Exterior Lighting. All development within the Project shall comply with the Exterior Lighting Plan to be submitted to the Community Development Department for review and approval at the time o f building permit application. 3.11 Ski Trail Easement. The Ski Trail Easement depicted on the Final Plat across the southeasterly corner of Lot 1; Residences at Little Nell Subdivision/PUD, was dedicated to the City on the Final Plat for the use of the general public during the winter months for downhill and cross-country skiing purposes only (motorized vehicles are prohibited), subject to the terms and conditions of said dedication and as more fully set forth in that certain Ski Trail Easement Agreement between RLND and the City recorded contemporaneously with this Subdivision/PUD Agreement as Reception No. 5.,O 5 07 3.12 Relocation of Little Nell Chairlift RLND shall be responsible for relocating the existing Little Nell Chairlift to approximately the location depicted on the Final PUD Development Plan, at RLND's cost and expense. Such relocation must be accomplished before a Certificate of Occupancy is issued for the Project. 3.13 Air Oualitv. (a) The City has determined that, subject to the provision o f van service for the Project's owners and guests, and the advertising thereof, no further PM1O mitigation shall be required for the Project. (b) All development within the Project shall comply with the Environmental Health Department's woodburning stove/fireplace regulations in effect at the time of issuance of a building permit for the Project. (c) Before a building permit is issued for the Project, RLND shall - submit a fugitive dust control plan to the Environmental Health Department for its review and approval. The plan shall address, at a minimum, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, and other measures as may be necessary to prevent windblown dust from crossing the property lines or otherwise causing a nuisance. 3.14 Geotechnical Requirements and Slope Stability Monitoring. Throughout construction of the Project and for a period o f two (2) years following the issuance of a Certificate of Occupancy for the Project, RLND shall comply with the geotechnical recommendations, and implement the slope stability monitoring, detection 10 . 0 lili Illi- il 11111I lilli]1111 lilli 11 lili 510210 Page: 11 of 33 05/17/20e5 04:01 SILVIA 04.5 PIn<IN COL,Â·TY CO R 166.00 D 0.00 and reporting program, contained in the Geotechnical Investigation for The Residences at Little Nell prepared by CTL/Thompson under date of June 17, 2003 (Job No. GS- 3850). 3.15 School Land Dedication Fees. Before a building permit is issued for the Project, RLND shall pay to the City a cash payment in lieu of school land dedication, for the Project's two (2) free market residential units and eight (8) Affordable Housing Units, in the total amount of $36,102.90. 3.16 Park Development Impact Fee. Before a building permit is issued for the Project, RLND shall pay to the City a park development impact fee in the total amount of $58,315.95. 3.17 Street Impact Fee. Before a building permit is issued for the Project, RLND shall pay to the City a street impact fee in the amount of $ 7,950.00, which is equal to the cost o f placing a 2-inch asphalt overlay over half the width o f Galena Street along the frontage of the Proj ect to Durant Street. This payment is being made in lieu of returning Galena Street to an acceptable condition following construction of the Project, as provided in Paragraph 5 of Section 11 of Ordinance No, 30. 3.18 Storm Water Drainage System Fee. Before a building permit is issued for the Project, RLND shall pay to the City a fee in the amount of $ 172,000.00 as a contribution toward the cost of improvements to the City's storm water drainage system, and the City shall deposit the funds in a separate account for such purpose. In the event the City has not expended the funds for such purpose within 5 years following the Mate of this Subdivision/PUD Agreement, the storm water drainage system fee shall be refunded to RLND together with 4 percent interest (non-compounded) accrued from date of payment to date of reimbursement. 3.19 Work in Public Right-of-Way. RLND shall first obtain the approval of the appropriate City Department before commencement of any work within a public right-of-way. 3.20 Damage to Public Rights-of-Wav. RLND shall repair any public right- of-way damaged during construction of the Project prior to issuance of a Certificate of Occupancy for the Project, excepting damage to Galena Street covered by the street impact fee provided for in Section 3.17 above. RLND shall be responsible for the restoration of any sections of Galena Street to pre-disturbance condition in order to - receive an overlay. 3.21 Con5truction Hours. Construction activity within the Property shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. No construction activity shall be permitted on Sunday. 3.22 Construction Management Plan. All construction activities on the Property shall comply with the Construction Site Management Plan and Parking Plan submitted by RLND to the City concurrently with the building permit application. 11 e . 4 1-1-1 1---1 11111 11.11.i,1- 11 111 lilli lilli lilli 05/17/2005 04:01 510210 Page: 12 of 33 SILLIA L VIS PIT:IN )UKTY W R 166.00 D 0.00 3.23 Improvement Districts. On behalf of itself and any future owners of the Property and all interests therein, RLND agrees to join any future improvement districts that may be formed for the purpose o f constructing improvements that benefit the Property under an assessment formula. 3.24 Condominium Map. Upon substantial completion of construction of the Project, RLND shall submit a Condominium Map to the Community Development Director for review and approval. During the period of vested rights described in Section 2.3 above, the Condominium Map shall be reviewed under the applicable provisions of the City's Land Use Regulations in effect on October 25,2002 (the date of submission of the Project's conceptual PUD application), which provisions are attached hereto as Exhibit A and made a part hereof by this reference. Following expiration of said vesting period, the Condominium Map shall be reviewed under the then-current condominiumization requirements of the Aspen Municipal Code. The condominiumization of the Project shall be accomplished prior to the closing o f the sale of any Fractional Interest or Free Market Residential Unit in the Project. 3.25 Van Service. The Association shall provide 24-hour van service to owners and guests of the Project. 3.26 License to Use Dean Avenue for Construction Staging. City hereby grants to RLND a license to Ilse so much of Dean Avenue adjacent to the Project site as maybe necessary from time to time for construction staging in connection with the Project. In consideration thereof, within twenty (20) days following the end of each calendar month in which Dean Avenue is used for staging, RLND agrees to pay to City the sum of $1.25 per square foot per month for each square foot of Dean Avenue actually used for staging during said month, prorated for the number of days of actual usage during said month. 3.27 Ownership and Maintenance of Common Elements. Under the terms of the Declaration, all portions of the Project other than the Units (as defined in the Declaration) are Common Elements. The Common Elements are owned in common by the owners of the Units and o f the Fractional Interests, in the undivided interests described in the Declaration, and the Association is responsible for maintaining, repairing, improving, restoring and replacing the Common Elements, including any Limited Common Elements and Common Furnishings. 3,28 Roof Plan. RLND shall limit the rooftop mechanical equipment in the Project to the equipment depicted on the Roof Plan to be recorded as part of the Final PUD Development Plan, shall screen such equipment as shown on the Roo f Plan, and shall use non-reflective roofing material, 3.29 Pre-Construction Meeting. Prior to submitting an Application for the Building Permit for the Proj ect, a meeting shall be held among the following parties: RLND, the Project Architect, the Project Planner, the Prime Contractor, a City Staff Planner, a Community Development Engineer, a Zoning Officer, and a Building Official/Plans Examiner. The purpose of the meeting shall be to identify the approving 12 .. lillillizz lilill lilli limi ilill ilitill ill Illill lic lill 05/17/2005 04:01 510210 Page: 13 of 33 SILLIA DAVIS PITKIN COUNTY CO R 1 66.00 D 0.00 Ordinance and any amendments thereto, identify conditions of approval, identify the timeline for Final Plat and Subdivision/PUD Agreement recordation, identify the types ofbuilding permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss the responsibilities o f all parties in obtaining permits, changes, etc., and review the Building Department checklist. ARTICLE IV A. SUBDIVISION IMPROVEMENTS 4.1 Prior to the issuance of a Certificate of Occupancy for the Proj ect, RLND shall accomplish the following subdivision improvements, all as depicted and described on the Final PUD Development Plan and other related documents that are attached to or recorded concurrently with the Final Plat: The utility and street surface improvements identified on the "Costs Estimate for Proposed Public R.O.W. Improvements" dated February 15, 2005, and the "Site Cost Estimate for Dean Avenue and Galena Street Improvements" dated February 14,2004, copies of which are attached hereto collectively as Exhibit B. The aggregate estimated cost of such improvements is $819,589. 4.2 Before a building permit is issued for the Project, a construction schedule for the above-described improvements shall be submitted to the City Engineering Department, and all applicable right-of-way permits and licenses must be obtained. 4.3 RLND shall complete the landscaping of the Property and the Dean Avenue right-of-way in accordance with the Planting Plans no later than six (6) months following the issuance of a Certificate of Occupancy for the Project. RLND shall be responsible for ensuring the success of all landscaping installed pursuant to the Planting Plans for a period of 2 years following the date of installation, and shall replace any landscaping that fails during such 2 year period. RLND or its successors or assigns shall have the right to plant additional native vegetation within the Residences at Little Nell Subdivision/PUD, as it may consider appropriate from time to time, without further approvals being required. The estimated cost of such landscaping improvements (including 2 years of maintenance thereof) is $321,038, asset forth on the Landscaping Cost Estimate attached hereto as Exhibit C and made a part hereof by this reference. 4.4 The estimated costs set forth in Sections 4.1 and 4.3 above shall be updated to 2005 dollars (or the year in which construction commences) at the time of building permit submittal, and the updated cost estimates shall bc submitted to the City Engineer for review and approval. B. FINANCIAL ASSURANCES In order to ensure construction and installation of the subdivision and landscaping improvements described in Section A above, and to guarantee 100 percent of the current estimated cost of the subdivision improvements ($819,589, updated as above required) and 125 percent of the current estimated cost of the landscaping 13 .. 510210 1 Illill 11111 111111'11 111 lilli Illililill 111111 Ill Ill Page: 14 of 33 05/17/2005 04:01 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 improvements (including 2 years of maintenance thereof) ($401,298, updated as above required), RLND shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of $1,220,887, updated as above required. Said letter of credit shall be provided to the City prior to the issuance of a building permit for the construction of the Project, shall be in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default by RLND, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, i f any, of such letter of credit is released to RLND. Provided, however, that RLND shall be given fourteen (14) days' written notice of default (and the right to cure during said period) prior to the City's ability to make a draw under the letter of credit. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of RLNI) shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that ten percent 00%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, twenty-five percent (25%) of the $321,038 estimated cost thereof (as updated), or $80,260 (as updated), shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. A Maintenance Bond, valid for two (2) years from the date of acceptance of all right-of-way improvements by the City Engineer, shall be provided to the City Engineer in the amount of $819,589 (updated as above required), prior to any reduction in the amount of the letter of credit for costs associated with right-of-way improvements. It is the express understanding of the parties that compliance with the procedure set forth in Article V below pertaining to the procedure for default and amendment of this Subdivision/PUD Agreement shall be required with respect to the enforcement and - - -- - - implementation of these financial assurances and guarantees to be provided by RLND as set forth above. < ARTICLE V NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that RLND is not acting in substantial compliance with the terms o f this Subdivision/PUD Agreement, the City shall notify RLND in writing specifying the alleged non-compliance and asking that RLND remedy the alleged non-compliance within such reasonable time as the City may determine, but 14 .. 510210 llilli 11111111111'llill lilli Eli'1111{11 lillili 05/17/2005 04:01 Page: 15 of 33 SILLIA DAVIS PITKIN COUNrf CO R 166.00 D 0.00 not less than 30 days. If the City determines that RLND has not complied within such time, the City may issue and serve upon RLND a written order specifying the alleged non-compliance and requiring RLND to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, RLND may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision/PUD Agreement should be granted with respect to any such non- compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order 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 City may also grant such variances, extensions of time or amendments to this Subdivision/PUD Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if RLND demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of RLND, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI PRIOR APPROVALS AND INSTRUMENTS 6.1 Plat of Tippler Townhomes Subdivision recorded November 25, 1998 in Plat Book 48 at Page 3. 6.2 Subdivision Agreement for Tippler Townhomes Subdivision recorded November 25, 1998 as Reception No. 424875. 6.3 Resolution No. 98-06 of the Aspen Planning and Zoning Commission recorded April 10,1998 as Reception No. 415473, approving the proposed off-street parking plan for the Tippler Townhomes Subdivision. 6.4 Ordinance No. 6 (Series of 1998) of the Aspen City Council adopted May 26,1998, granting final subdivision approval for the Tippler Townhomes Subdivision. 15 .. 510210 11]11 IMI'l lili -11 lilli ii '111111 Ilill' im-lili 05/17/2005 04:01 Page. 16 of 33 SILVIA DAVIS PITKIN COUNTY .0 R 166.00 D 0.00 6.5 Resolution No. 66 (Series of 2000) of the Aspen City Council adopted May 22,2000, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26,2003. 6.6 Resolution No. 17 (Series of 2003) of the Aspen City Council adopted February 24,2003, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26,2005. 6.7 Condominium Plat of Tipple Lodge recorded April 2, 1980 in Plat Book 9 at Page 22. 6.8 Condominium Declaration for Tipple Lodge recorded April 2, 1980 in Book 385 at Page 883. 6.9 Subdivision Exemption Agreement (Tipple Lodge Condominium) recorded October 29, 1979 in Book 378 at Page 294. 6,10 Ordinance No. 23 (Series of 2003) of the Aspen City Council adopted June 23,2003, approving the expansion of the Tippler Townhomes Subdivision onto the Tipple Lodge property. 6.11 Plat of Tipple Woods Subdivision recorded March 23. 1959 in Ditch Book 2A at Page 250, as amended by Subdivision Exception Plat recorded February 14, 1984 in Plat Book 15 at Page 86 (collectively the "Plat"). Plat to be vacated, and new Plat of Tipple Woods Subdivision to be recorded, depicting remaining 3 Lots in Subdivision. 6.12 Agreement of Second Amendment and Restatement of Protective Covenants of Tipple Woods Subdivision recorded November 11. 1971 in Book 259 at Page 245. To be restated and amended in their entirety to reflect 3 remaining Lots in Subdivision. 6.13 Condominium Map of Tipple Inn Condominiums recorded in Plat Book 3 at Page 82, as amended and supplemented. 6.14 Condominium Declaration for Tipple Inn (A Condominium) recorded May 10, 1966 in Book 220 at Page 318, as amended by recorded First through Fourth Supplements, and by Consent to Amendment of Declaration and Map recorded in Book 262 at Page 227. 6.15 Other recorded and unrecorded documents and instruments affecting title to the Property. ARTICLE VII GENERAL PROVISIONS 7.1 The provisions hereof shall be binding upon and inure to the benefit of RLND and City and their respective successors and assigns. 16 .. - -/1-1---1--111- 111 -1111 1- ili.lilli 111111 -11 111 05/17/2005 04:01 510210 Page: 17 of 33 GILFIA [AVIS PIn<IN CO-r.TY CJ R 166.00 D 0.00 7.2 This Subdivision/PUD Agreement shall be subject to and construed in accordance with the laws of the State o f Colorado. 7.3 If any o f the provisions of this Subdivision/PUD Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity o f the remainder of this Subdivision/PUD Agreement, and the application o f any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 This Subdivision/PUD Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. RLND, its successors or assigns, may, on its own initiative, petition the City Council for an amendment to this Subdivision/PUD Agreement or for an extension 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. 7.5 Numerical and title headings contained in this Subdivision/PUD Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use o f any gender shall include all genders. 7.6 Upon execution o f this Subdivision/PUD Agreement by all parties hereto, City agrees to approve and execute the Final Plat and to approve the Final PUD Development Plan and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fees by RLND. 7.7 Notices to be given to the parties to this Subdivision/PUD Agreement shall be considered to be given i f hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 RLND: Aspen Land Fund LLC, Managing Member Attention: Brooke Peterson 302 East Hopkins Avenue Aspen, CO 81611 With Copy to: Arthur C. Daily, Esq. Holland & Hart LLP 17 .. 600 East Main Street Aspen, CO 81611 7.8 This Subdivision/PUD Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 7.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their respective successors, grantees or assigns. lilli [111111~1-lili-1-11,1111111111111111111111 05/17/2005 04:01 510210 Page: 18 of 33 SILVIA DAVIS FITKIN COUNTY CO R 166.00 0 0.00 18 .. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: City of Aspen, Colorado, a Colorado municipal corporation By: 1 osÂ»- l MayoPPE.0 9 AttesS: 4guv~0 >6Â»Â©~~ Kathryn S. K~K, City Clerk APPROVED AS TO FORM: 4531(? 61,11Â£* John Worcedter, City Attorney RLND: THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company By: Aspen Land Fund, LLC, a Colorado limited liability company, Managing Member By: CWA Development, LLC, a Colorado limited liability company, Manager ~ Five 84ks, ~C, a Co~prado ~limited,lia~%ty ftnipany, MAmber ~ By: Â»1 6/ A \ 4-, E--- 9 / Broo~ A. Pdtershn, ~adger And By: Centurion Partners Aspen, LLC, a Colorado limited liability company, Member By: Centurion Partners, LLC, a 111111111111 '1111'lam lili[Illillink lizill Inill 05/17/2005 04:01 Manager 510210 California limited liability company, Page: 19 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 By:~ L.. Scot Matteson, Managing Member 18 .. adal 0 Mike Smith, ManagiA Member 510210 1 I11111& Ilull lillmll11 % 111Ii Illili 05/17/2005 04:01 Colorado limited liability company, And By: Westpac Colorado LLC, a Page: 20 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 Member Patric~ N. Smith, Manager STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrum ent was ackno wledged before me this {1>0'day of 26(630Â¢4~ -, 2005, by ]~ S. Koch as City Clerk of th,#City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. <XY p/Rk.; .14.41 My commission expires:01~4 /?1200?4 JACKIE L_~ dÂ· // LOTHIAN /# ~Cotary Public / ~44%280;0" U STATE OF COLORADO ) COUNTY OF /ITE,0 ) ss. The foregoing instrument was acknowledged before me this @ 7~Â£ day of til#) r, 1 , 2005, by Brooke Peterson, Manager of Five Rocks LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, al. ..0 ''. Delaware limited liability company. ... .C=,tr~91.4. Witness my hand and official seal. . i Â·i_ i'foO 91: ' O ,. 1 - 'file *4(4 f 4 My commission expires: 1 124 10@ .'.Ig'. Ii'Z â€¢â€¢/riâ€¢'1'' Notary Public U A 60Â£1 05 - 4 0 0 E. Pr,A i w M 6 19 .. STATE OF CAU Er#Â¢ 4) ) SS. COUNTY OF OPA-lt-L ) The foregoing instrument was acknowledged before me this Q 9 day of Ae'R , 2005, by Scot Matteson and Mike Smith, Managing Members of Centurion Partners LLC, a California limited liability company, Manager of Centurion Partners Aspen, LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware limited liability company. Witness my hand and official seal. '-- My=nek*isak:5 Ft" 71 .2001 0 5TEPHEN EGLY Commission# 1145111 ~ Notary Pubuc - CalWornia Z Notary~pblic orang, County F 1----2-9-*0~Ii-Ir'.-~~2~.I~ STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005, by Patrick N. Smith, Manager of Westpac Colorado LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public 11111111]11111~11'Elilli 05/17/2005 04:01 510210 Page: 21 of 33 SILVIA C..LS FITKIN COLTY 60 R 156.00 D 0.00 3 1 88793_.44.poc 20 .. STATE OF CALIFORNLA ) )SS. COUNTY OF SANTA BARBARA ) On this 28th day of April, 2005, before me, the undersigned, a No- tary Public in and for said State, personally appeared PATRICK N. SMITH, personally known to me (e,-pieup rl t- ma on tho bacia cf zatio AwideÂ·rice) to be the person (.81 whose name (e) is/are subscribed to the within instrument and acknowledged to me that he/ihe/they exe- cuted the same in his/*er/their authorized capacity (ies), and that by his/her/their signaturets) on the instrument the person(e), or the en- tity upon behalf of which the person (-51- acted, executed the instru- ment. WITNESS my hand and official seal. lip 414 S / -1*~ COWIL#1538038 ~ ''L' R li wj,t â€ža*,04MPEB ~ Notary Public in~ant- for(*id state UAT~aA, SANTA BARBARA GAMI CEZZL***212:LISL***j DECEMBER 28,2000 NOTE: Attached to Subdivision/PUD Agreement for the Residences at Little Nell Subdivision/POD undated re "Little Nell". 1 lili 1 -1 lili--III 11111111'ill lili 05/17/2005 04:01 510210 Page: 22 of 33 SILVIA CA~:S PITKIN COLW7Y CO R 166.00 D 0.00 f .. ill i il il lini tilli lill l ilill 11111 lillill li lill 05/17/2005 04:01 510210 Page: 23 of 33 SILVIA DAVIS FITKIN COOW-Y CO R 166.00 D 0.00 CONSENT OF MORTGAGEE The undersigned, being the holder of two liens on portions of Lot 1, The Residences at Little Nell Subdivision/PUD pursuant to Deeds of Trust recorded as Reception Nos, 469347 and 500220 in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to and approves the recording of this Subdivision/PUD Agreement, and hereby subordinates the liens of said Deeds of Trust to the matters set forth herein. rt Dated this O day of May, 2005. - - - Alpine Bank, Aspen By: ~A)- j- STATE OF COLORADO) ) SS COUNTY OF PITKIN ) The foregoing Consent of Mortgagee was acknowledged before me this <57- day of May, 2005, byLÂ·7~n 76 /7,--/,~4- - as t'r Cr / ,Z.~_+- of Alpine Bank, Aspen, a Colorado corporation. Witness my hand and official seal. My commission expires: /,42 2/08 LL_ T- 1~Kary Public #*f ~ < JEAN 1 ~ 3374870_1.DOC % E MOORE / 8 14 Collâ€¢i." 80, 01/28/2008 Exhibit K lilli lill i 1111 lili 11111 lillillilli 11/15/2004 11:06A 504168 Page: 1 of 15 SLLF.A DAVIS PI -KIN C.L..TY CO R 76.00 D 0.00 Ordinanceho. 30 A (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING FINAL PLANNED UNIT DEVELOPMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMOS) EXEMPTIONS, SUBDIVISION, CONDOMINIUMIZATION, TIMESHARE, AN AMENDMENT TO THE OFFICIAL ZONING MA_P, AND ACCEPTING A DEDICATION OF LAND FOR PUBLIC-RIGHT-WAY IMPROVEMENTS FOR nit-RESIDENCES AT LITTLE NELL, LOCATED AT 535 DEAN AVENUE, AND AN AMENDMENT TO THE LITTLE NELL SPECIALLY PLANNED AREA, LOCATED AT 675 EAST DURANT AVENUE, CTrY OF ASPEN, MTKIN COIINTY, COLORADO. Parcel ID (Tipple Lodge Parcel): 2737-182-36945 Â«~ Parcel ID (Tipple Inn Parcel): 2737-182-36291 Parcel ID (Tippler Parcel): 2737-182-96033 Parcel ID (Conservation Parcel): 2737-182-36877 Parcel ID (Aspen Skiing Company Parcel): 2737-182-00080 Parcel ID (Little Nell Hotel Parcel): 2737-182-50102 4 Parcel ID (Henn Residence): 2737-182-96002 Parcel ID (Ander!nan Residence): 2737-182-96005 4 Parcel ID (Jacoby Residence): 2737-182-96004 J Parcel ID (Westpac Residence): 2737-182-96003 / WHEREAS, the Community Development Department received an application from the Aspen Land Fund, LLC (Applicant), represented by Sunny Vann of Vann Associates, requesting approval of a Final Planned Unit Development (PUD), Growth Man,agement Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare approval, Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, 8040 Greenline Review, and a dedication of land t9 the Dean Street right-of-way for the Residences at Little Nell Planned Unit Development; and, WHEREAS, the application submitted for the Residences at Little Nell (plans dated May 1, 2004) proposes a 108,000 square foot, multi-story structure consisting of 24 timeshare units, 8 hotel rooms, 2 condominium units, 8 affordable housing units, approximately 8,900 square feet of commercial space, and a 70 space sub-grade parking garage; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments ah a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, City of Aspen Ordinance No. 30, Page 1 Series of 2004, t , . 0 lilill lilli 0.11 lillili Ill 11111 llilli 11/15/2004 11 06F 504168 Page: 2 of 15 SILV.A E VIS PITKIN COL..l Y CO R 76,00 D 0.00 Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.430 of the Land Use Code, Special Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.435 of the Land Use Code, 8040 Greenline Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to the Official Zone District Map, Section 26.440 (Special Planned Area & Amendment), Section 26.445 (Final Planned Unit Development), Section 26.470 (Growth Management Quota System Exemptions), Section 26.480 (Subdivision and Condominiumization), Section 26,590 (Timeshare) 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, at their regularly scheduled meeting on June 2,2004, the Aspen / Pitkin County Housing Authority forwarded a unanimous recommendation of approval fh with conditions to City Council to approve the proposed affordable housing mitigation and replacement units for the Residences at Little Nell; and WHEREAS, Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, the subdivision approval is for the amendment to the Little Nell Subdivision and adjacent Aspen Skiing Company parcel to create parcels to be conveyed and become part of Lot #1 Residences at Little Nell Subdivision, a rei)latting of the Tipple Woods Subdivision dissolving and replacing all former plats and renumbering former Lots 4, 5, and 6 as new Lots 1. 2, and 3, creation of Lot #1 of the Residences at Little Nell Subdivision with new easements and boundaries and eliminating all former internal property boundaries and easements, creation of multi-family units on Lot #1 Residences at Little Nell Subdivision, and creation timeshare estates on Lot #1 Residences at Little Nell Subdivision; and, WHEREAS, during a regular meeting on August 3, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to August 10, 2004; then continued it to August 17, 2004 where the Planning and Zoning Commission approved the request for Special Review and City of Aspen Ordinance No. 30, Page 2 Series of 2004. e . 504168 ~age: 3 of 15 11/15/2004 11:06A 3 LVA DAVis FITKIN COUNTY CO R 75.00 D 0.00 the 8040 Greenline Review and recommended City Council approve the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, Amendment to the Official Zoning Map, and Special Planned Area Amendment by a four to zero (4-0) vote, with the findings and conditions listed hereinafter; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the application meeting or exceeding al] applicable standards of die land use code of the City Of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that the application for rezoning meets or exceeds lhe applicable standards for rezoning, including whether the proposed amendment is in conflict with any applicable portions of this Title, whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan, whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics, the effect of the proposed amendment on traffic generation and road safety, whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities, whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, whether the proposed amendment is consistent and compatible with the community character in the City of Aspen, whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment, whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title, staff analysis of these standards included in Exhibit C of the September 27, 2004, staff memorandum to City Council, and comments and testimony provided by the public during public hearing; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C]TY OF ASPEN, COLORADO as follows: The Residences at Little Nell project is hereby approved, subject to the conditions of approval listed hereinafter. Section 1: Rezoning City of Aspen Ordinance No, 30, Page 3 Series of 2004. . The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat and Final PUD Plans, amended by the Community Development Director to reflect Lot #1 of the Residences at Little Nell as included in the Commercial Lodge (CL), Conservation (C), and Lodge Tourist Residential *TR) zone districts, as depicted in Exhibit A to this Ordinance and to be more precisely delineated on the Zoning Map of the Final PUD Plans. Section 2: Proiect Dimensions Considering the dimensions of the underlying zone districts of the Residences at Little Nell property as a guide, the following dimensions of the project are approved and shall be reflected in the Final PUD Plans: 504168 1 illill ilill ill'll Illil lilli lill illilil lit illit illi lill Page: 4 of 15 11/15/2004 11:069 fil-VIA DAVJLPIT KINCOUNTY CO R 76.00 O 0 Â· 00--1 City of Aspen Ordinance No. 301 Page 4 Series of 2004. 0 . 11 -111 lili 111 I lilli Ill lilli 1111111 111 11/15/2004 11:06A 504168 Page: 5 of 15 SILVIA DAL .5 PITKIN COUNTY CO R 76.00 D 0.00 Minimum Lot Size 66,737 Square Feet Minimum Lot Area per Dwelling Unit No requirement Maximum Allowable Density No requirement 24 units, comprised of 19 three-bedroom units Timeshare units and 5 four-bedroom units. 16 0 f the timeshare units include "lock-off' units for a total of 40 rentable divisions, Lodge Units 8 units 2 Free-market units, Also see Section 9. Residential Units 8 Affordable Studio units. Also see Section 8 Minimum Lot Width 206 feet measured along the Dean Avenue right-of-way. Minimum Front Yard Setback 0 feet Minimum West Side Yard Setback 0 feet Minimum East Side Yard Setback 0 feet Minimum Rear Yard 4 feet As represented on Final PIJD Development Maximum Site Coverage Plan. Reference drawing #9 of application. As represented in the recorded Final PUD Plans Height Plan. Also see Section 3. Maximum Height Reference drawing #30 of application. The recorded Height Plan shall govern over the application drawings. Min. Distance between Buildings No Requirement 0 percent, provided areas outside the building Min. Percent of Open Space footprint shall only be developed according to the Final PUD Development Plan. Reference drawing #9 of application. Allowable External Floor Area 108,000 square feet. 2 short-term spaces within the porte-cochere Minimum Off-Street Parking Spaces 70 spaces within the underground parking garage, Reference drawings #10 and #11 of application. Section 3: Height Plan The Final PUD Plans shall include a height plan depicting the height of the building at various points relative to the lower of existing or proposed grade and relative to a fixed elevation control point. Section 4: Multi-Family Housing Replacement Program The Development Order issued commensurate with final approval by City Council shall constitute a "Certificate of Compliance" in accordance with Chapter 26.530 - Multi- Family Housing Replacement Program. City of Aspen Ordinance No. 30, Page 5 Series of 2004. /- r- ... 0 - 1 ill Ill i ill i il i ill Il li Vilillil ill I li 11/15/2004 11:06A 504168 Page. 6 of 15 . ' SILLIA DAVIS PIF IN C )UNTY C ) R 76.00 0 0.00 Section 5: Impact Fees Park Impact Fees of $58,315.95 shall be assessed. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The following fee total is based on the current fee schedule: Park Fees -- Proposed Development: 8 Studio affordable housing units @ $1,520 per unit = $12,160 8 studio lodge units@ $1,520 per unit =$12,160 19 three-bedroom lodge units @ $3,634 per unit = $69,046 5 four-bedroom lodge units @ $3,634 per unit =$18,170 2 four-bedroom residential units @ $3,634 per unit = $7,268 8,900 square feet of Commercial@$1,785 per 1,000 s.f. = $15,886.50 Total = $134,690,50 Park Fees - Credit for Existing Development: 2 Studio residential units@ $1,520 per unit =$3,034 10 studio lodge units@ $1,520 per unit = $15,200 3 one-bedroom units@ $2,120 per unit = $6,360 9 two-bedroom units@ $2,725 per unit = $24,525 1 four-bedroom unit@ $3,634 per unit = $3,634 13,230 square feet of commercial @ $1,785 per 1,000 s.f. = $23,615.55 Total Credit = ($76,374.55) Total Park Impact Fee Due = $58,315.95 School Land Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $28,3 57,900 from information on recent transactions provided by the applicant. Divided by the 1.55 acres of land area (67,618 square feet), this results in a per acre value of $18,295,419. One-third of this value divided by the proposed 10 residential units results in a $609,847 per acre. standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Land Dedication Fees are follows, payable at building permit issuance: 1/3 land Land Per unit Number value per Dedication Fee of Units unit per standard acre (acres) Studio/One $609,847 .0012 $731.81 8 $5,854.50 bedroom Two Bedroom $609,847 .0095 $5,793.55 0 $0 City of Aspen Ordinance No, 30, Page 6 Series of 2004. .. 1 111 1 lili 1111 lili lillill'1111111111 11/15/2004 11:06A 504168 Page: 7 of 15 S LV A DAVIS FITKIN COL-TY CO R 76.00 D 0.00 Three $609,847 .0162 $9,879.52 0 $0 Bedroom Four Bedroom $609,847 .0248 $15,124.20 2 $30,248.40 Total: $36,102.90 Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation, The above fee total is based gn the current fee schedule, Section 6: Water Department Standards The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department, Section 7: Sanitation District Standards The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use of a pumping station. Section 8: Affordable Housing The applicant shall provide affordable housing mitigation for 60 Full-Time Equivalents i.n the following manner: â€¢ Eight studio rental units to be constructed on site and restricted to Category 2. â€¢ Fifteen units to be provided by the "buy down" of the Obermeyer Resident Occupied (RO) one-bedroom units. Seven of these units shall be Category 2 and eight shall be Category 3. â€¢ Eight three-bedroom for-sale units to be constructed at the Aspen Airport Business Center (AABC), known as the Alpine Grove Condominiums. Three of these units shall be Category 2 and 5 shall be Category 3. A Certificate of Occupancy for the Residences at Little Nell shall not be issued until such time as Certificates of Occupancy for the deed restricted affordable housing units, which are required for mitigation, have been issued. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the APCHA Guidelines and the Obermeyer buy-down units shall be governed by the City Council approvals for the Obermeyer Place project. The applicant shall structure a deed restriction for the eight on-site studio rental units such that 1 /10th of 1 % of those units are deeded in peg)etuity to the APCHA; or the applicant may propose any other means that that APCHA determines acceptable. City of Aspen Ordinance No. 30, Page 7 Series of 2004. 1 Ill lili 111111 lili 111111111111 li 1-11 11/15/2004 11:06A 504168 Page: 8 of 15 SILVIA DAViS FITK N CCLN-'Y Ch R 76.00 D 0.00 Employees to be housed in the deed-restricted units shall meet the mmimum occupancy' requirements wilder the APCHA Guidelines. The deed restriction shall be recorded concurrently with the recordation of the condominium map to the City of Aspen and shall abide by all restrictions as stated in the Guidelines. Section 9: Conversion of Free-Market Residential Units to Timeshare Units The two free market condominium units may be condominiumized and sold as wholly- owned residential units and occupied on a short- or long-term basis. These two units may be converted and included as part of the timeshare use plan pursuant to an Insubstantial PUD Amendment. Section 10: Subdivision Plat & Final PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and a Final PI-ID Development Plan. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and shall include: 1. The final property boundaries and disposition of lands to be dedicated to the Dean Street right-of-way, 2. The location of Revocable Encroachments for physical improvements within public rights-of-way with reference to agreements and licenses appended to the PUD Agreement. 3. The location of utility pedestals with access easements for the utility provider. Transformers and pedestals shall be located outside of the public right-of-way. 4. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance o f a Certificate of Occupancy. The Final PUD Plans shall include: 1. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department. 3. Design specifications and profiles for the Dean Street improvements. To the extent practicable, the design for Dean Street improvements shall be consistent with any final master design plan adopted by the City for Dean Street improvements. 4. An architectural character plan demonstrating the general architectural character and depicting materials, fenestration, projections, and locations of projections such as elevator shaft heads, mechanical equipment, etc. Mechanical equipment shall be screened from pedestrian view. City of Aspen Ordinance No. 30, Page 8 Series of 2004. .. Ill'll'11 -lilil- lili--111-1111111111-lilli 11/15/2004 11Â·06A 504168 Page 9 of 15 SILVIA CAVi S FITKIN Coli.-Y Co R 76.00 D 0.00 A 5. Floor plans of each level depicting unit divisions and plaza level improOements. 6. A utility plan meeting the standards of the City Engineer and City utility agencies. 7. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year stonn frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer (also see Sectionl 1, condition 6.) 8. An exterior lighting plan meeting the requirements of Section 26.575.150. Section 11: SubdivisioniPUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445,070, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of-way with reference to their locations depicted on the Subdivision Plat. 2. The agreement shall state the ownership and maintenance responsibilities of the common areas of the project. 3. The agreement shall include a maintenance and operating agreement for Dean Street. The design, installation, maintenance and operational costs for new surface and subsurface improvements to Dean Street shall be borne by the owner of the Residences at Little Nell project and its successors and assigns. New subsurface improvements shall include a snowmelt system and similar features but exclude existing utilities within the right-of-way. Costs of replacing sulface and subsunface improvements as a result of accessing City-owned utilities or other subsurface work that d amages surface and subsurface improvements installed by Residences at Little Nell, including the snowmelt system, shall be borne by the City of Aspen, The City of Aspen shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work on non-City-owned utilities. 4. An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastructure and provisions for noticing the City Streets Department, the City Engineering Department, utility providers (including City agencies), and emergency service providers. 5. An agreement to return Galena Street to an acceptable condition after construction, as determined by the City Engineer. Subsurface work may be necessary. Curb tuld gutter work may be necessary. A final two-inch overlay may be necessary. In the alternative, the applicant may pay a one-time payment concurrent with receipt of a building permit of $7,9-50 into the City street maintenance fund (an amount equal to City of Aspen Ordinance No. 30, Page 9 Series of 2004. .. 11111 -111 1111111' l l illi ll 11111111111 l illi 11/15/2004 11:06A 504168 Page: 10 of 15 SILVIA D ViS K i r k I N COUN-1 Y CO R 76.00 D 0.00 rh frontage of the Little Nell property to Durant Street). the cost of a 2" asphalt overlay over half the width of Galena Street along the 6. $172,000 to offset City expenditure for project-related off-site drainage improvements shall be payable concurrent with receipt of a building permit. This fee has been detennined by the City Engineer and prorated with other properties receiving such benefit. 7. In order to secure the performance of the construction and installation of improvements in the public rights-of-way, the landscape and public facilities performance security shall include and secure the estimated costs of proposed right-of-way improvements. 8. A license agreement to use Dean Street, or a portion thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per square foot per month for the time period in which the land is to be occupied for construction staging. Section 12: Pre-Construction Meeting Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Project Planner, Prime Contractor, City Staff Planner, Community Development Engineer, Zoning Officer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, identify the timeline for plat and PUD/SIA agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting permits, changes, etc., and review the Building Department checklist. Section 13: Building Permit Requirements The building permit application shall include/depict: 1. A signed copy ofthe final Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Ordinance has been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A tree removal mitigation payment of $27,645.31. This figure represents the difference between the assessed value of trees to be removed and the cost estimate to Â·supply and install the proposed trees and native vegetation. Amendments to the plan shall require a recalculation. City of Aspen Ordinance No. 30, Page 10 Series of 2004, .. .. 111 1101 11 -lili lillilli Illilllilill 11/15/2004 11:06A 504168 Page: 11 of 15 SILVIA Cy.US PITKIN CCL. TY CO R 76.00 D 0.00 j h 6. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction, The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. 7. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets. If the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide a financial assurance in an amount to be determined by the Community Development Engineer. The City Engineering Department would strongly prefer that the applicants use soil hardening techniques rather than soil pins to stabilize the excavation cuts. (A study has been submitted and is under review by the City.) 8. A construction site management and parking plan meeting the specifications of the City Building Department. (A sfudy has been submitted and is under review by the City,) 9. The applicant shall submit a Soil Suitability and Slope Stability Analysis by a licensed engineer with a specialty in geo-technical sciences. At a minimum, such , report shall determine the feasibility of excavating the hillside and identification / of any necessary mitigation during construction of the lodge to protect adjoining f properties from damage. In addition, the report shall include a baseline for slope / stability prior to any excavation, establish a monitoring program to be implemented throughout the construction and for two years after completion of construction using accepted engineering standards approved by the City of Aspen, including, without limitation, review of all soils, engineering designs, de-watering plans, and other applicable standards. (A study has been submitted And is under review by the City.) 10. The roof plan shall demonstrate substantial compliance with the representations made by the applicant with regard to limiting the rooftop mechanical equipment and the use of non-reflective roofing material. Prior to issuance ofa building permit: I. All tap fees, impacts fees, and building pennit fees shall be paid. 2. The location and design of standpipes, fire sprinklers, and alarms shall be acceptable to the Fire Marshall. Section 14: PM10 Mitigation Plan In order to reduce the impacts of PM10 generated by the project, the project shall provide a shuttle service for use by the owners/guests of the Residences at Little Nell and shall advertise to their guests that need for a personal/rental car is not mandatory due to the City of Aspen Ordinance No. 30, Series of 2004. Page 11 .. 11 11111 lilli ll-1111 1111111111 111111111 lili 11/15/2004 11'069 504168 Page. 12 of 15 SILVIA DAVIS PI-KIN COL..TY CO R 70.00 0 0,00 requiring) that the lodge and its businesses join the Transportation Options Program and shuttle amenity. In addition, the Environmental Health,Department recommends (but isnot provide secure covered bike storage. This PM] 0 mitigation plan has been accepted by the City's Environmental Health Department and no fulther plan shall be required. Section 15: Deliverv Dock No trucking, shipping and/or receiving, service, inspection, or commercial vehicles serving the Residences at Little Nell and/or associated commercial facilities shall utilize Ute Avenue for such purposes. All shipping and receiving, service vendors, inspection, and other commercial vehicles to and from the Residences at Little Nell and its associated commercial facilities shall be only via its parking garage and/or loading dock off of Gatena Street. Section 16: Condominiumization Condominiumization of the Project to define separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat re4uirements of the City Community Development Engineer. Section 17: PUD Plans Check Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate substantial compliance with the representations and drawings made and presented during the project review. Section 18: Restaurant The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining terrace shall be open and available for use in conjunction therewith, weather permitting, all days of the year that the Aspen Mountain Skiing Area is open for public skiing, for a minimum of three (3) hours after the gondola lift at Little Nell closes each day. In addition, the bar and the outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run from June 15 through October 15 of each year, during all daytime hours that the gondola is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events may be held. Section 19: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific City of Aspen Ordinance No. 30, Page 12 Series of 2004. .. 1111 11 Il. 11111111 1 11111111111Illill 111 lili 504168 Page: 13 of 15 11/15/2004 11:06A S LV -A DAkiS Fi-KIN COUN--f CO R 76.00 D 0.00 development plan and creation of a vested property right pursuant to this Title. Nuch notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot #1, Residences at Little Nell Subdivision and PUD. Section 20: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, or the Aspen 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 other specific conditions. Section 21: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 22: 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. Section 23: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 24: A public hearing on the Ordinance shall be held on the 2701 day of September, 2004, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Coloradb, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City ofAspen. Section 25: This ordinance shall become effective thirty (30) days following final adoption. [signatures on following page] City of Aspen Ordinance No. 30, Page 13 Series of 2004. . INTRODUCED, READ AND ORDmICii miffLEW~YELS provided by law, by the City Council of the City of Aspen on the /3 day of~,~-; 2004. Attest: 0 / 26 2 OrIL -1 A fL- 44.-Kl, ., Kathryn S. K~~City~.~k Helen Kaftn KffldZi@3Tayor FINALLY, adopted, passed and approved this .2 day of 0 AL* 2004 Attest: lictrt. *k__ IA Kathryn S. KocMCity derk Idien Kann Kjan e d, Mayor U Approved as to form: ill il ilit Ii-- ---till-I '- -ililillillillilimililill 11/15/2004 11:064 504168 Page: 14 of 15 SILVIA DA& i G PITKIN COUNi Y CO R 76.00 D 0.00 :1411/*.0:~j32 gotfii-Worcester, City Attorney Exhibit A - Proposed Zoning Boundary Map C.Ahome\Current Planning\CASES\Residences@LN\Final\Ordinance.doc City of Aspen Ordinance No. 30, Page 14 Series of 2004. . 0 01 1 i L/TR r-tio.#<78' 4.,f.W 1 1- * F 1 14--/ f.ti~li\ ~GALENA *En 4 j R PU N , h -7 1 Â¢.14 ~./.aill CU (PUD) 7. 14 'liA TR (PUD) j, ~ ~0~*Etr ~: ~ ~*.%01~2,1QQNM .,1=21=E=.Ii uy: 16 f,<6492 20~054 f 1 r 4'.kMiN"Ng#Whs,Ai - $: 1,1499.1, *SANTe,3-2:,AW V.,4 1 . 116/1-980,90 14/1111////1/0/ 13 1 < 4 .446:2+Ple//imj 0 1 j ff) lit / 1 _~ 4 1 11,96 4'.iqi,S J I nse{3,bof 7-Ii.3 . 1 PLAZA U 4 1 0*11 N 2 U(MAJ MAI ~ ~ ~ ~ il .1 1 11 1 Â©UEEN ' -* GONDUL, n 1111i1 InÂ·r. 1 1 |1 I The Residences al - FINAL PUD SUE I. . 504168 1 '1111111111111111111 lili lilli lu lilli iH lili 11/15/2004 11:06A Page: 15 of 15 6411.b k 6 SILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00 , . *%\W- 4 Fp / 40669 + 2151- 08*z~ *K-'5 *t#41 t Â·4 I' .Il' ......-..+***.**/. 3AV 1.NVhtna 6/8/2016 Parcel Detail Pil~in County Asses~r Exhibit L Parcel Detail Information Assessor Property Search I Assessor Subset Ouery I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Seareli Seareli GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Conimercial Improvement Detail Owner Detail I Land Detail I Phologi-aphs Tax Account Parcel ' 2015 Mill I Area Number --i, Number _ 1 _.P--~TE--flfrf --I _-1_<(r'<f _~~ 001 R021279 273718296081 COMMERCIAL 32.054 ] Primary Owner Name and Address ASHKENAZY ASPEN COMMERCIAL LLC i 150 E 58TH ST PENTHOUSE ~ NEW YORK, NY 10155 Additional Owner Detail Legal Description ~ Subdivision: RESIDENCES AT THE LITTLE NELL CONDO Unit: C- 3 Location Physical Address: 501 DEAN ST ASPEN I RESIDENCES AT THE LITTLE ~ Subdivision: NELL CONDO Land Acres: 1 Land Sq Ft: 0 2016 Property Value Summary http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R021279 1/3 6/8/2016 Parcel Detail , Actual Value As~sed Value ~ Land: 1 --- V_- --- +~ : 0 0 Improvements: ~ 1,491,500 - 432,540 Total: ~ 1,491,590 - 432,540 Sale Date: 12/21/2011 Sale Price: i 500,000 Additional Sales Detail Basic Building Characteristics Number ofResidential' Buildings: f 0 Number of Comm/Indi 1 Buildings: Commercial/Industrial Building Occurrence 0 Characteristics MERCH FIRST FLOOR: 4,780 Total Area: 4,780 Property Class: 2245 Actual Year Built: I 2008 Effective Year Built: 2008 - Quality of Construction: VERY GOOD Exterior Wall: VERY GOOD Interior Wall: VERY GOOD I Neighborhood: 301001.21 Top of Page Assessor Database Search Options Assessor Home Page Pitkin County Honie Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R021279 2/3 . #:' L. 7 . ..Â·T L. 111 Exhibit M U 4.k A - 142 W C _/ 7.i &42$ ' Â· Â· f -Â· P.M 4 - . 4 C r. .â‚¬,11.C i.% r 'â‚¬, 1Â¢ fict.)(!54 <2 6- C 4, 0 2 b- 4 r er -4- rÂ· 41 1> 0 - 0 ' OPERA GALLERY LOCATION WITHIN - RESIDENCES AT 01 C "11.,~ - C (11 â€ž~11 El C 0. E J bid ..1 - 01 + 6 2 2 -\ 1 ra x Â«, *B 1 Â«%--- h. 1.9.%- 2.... C .- Â»&-- m â‚¬to - -c 4 5 1 CO . ..6 4: Ul 1 1 4 .-e 4! 97 ..3 7 4 rh '01.1 . .. J --- ./2 r a28Â» i & C :. 4 r"â€¢ I 2 22 -e 02 4 lij C - 7 9- ef o 24 Q C /0 I U r. 0 0 Q. 5 1 I'k :2 - 1 1 0 1 23 . LITTLE NELL i/*. --,2 11@Im/â€¢, O 0 L -4, Il@N @Ind- I ..9 ~ '1' O 3 .;.1 , L C. 9 g/J pi 1.- 145 11 O 4 2 3 - 10, W, ' Z'.t j P.4- :4 â‚¬ VD r 4 Q. 0 ..,0 20 0 f- â‚¬ 4 'rt '' f 7 - .-Â¢4744 9 @:7>7 3 Mt e u m r i 11.7,1. 0.1-0 , S LU ( 1 13 Illl OpUOCI qnlo ut.?lenott uacsv cooper A *44 'r 1 ott Yeary Gallery te Lime ignt 13 it f EXPOSED NFRASTRUCTURE . FOREGRCUND p#~r, ETC ~~. i..... __ W 1 -' EXrrs'ON CU 1,]MECHANICAL Eal,PMENT iEDUUMINATED lLC ARCHITECTS P O BOX 2508 ASPEN CO 81612 VAWV ZONE4ARCHITECTS COM . 9 06 EAST INT. ELEV. AT NORTH WALL 05 NORTH INTERIOR ELEVATION - GALLERY B 04 WEST INT. ELEV. AT NORTH WALL LU z ~ 1/2" = 1'-0" 1/2" = 1 '-0" 1/2" - 1 '-0- -1 -1 - 0 IE]ILLUMINATED 1 eXIT Sle,TOBE DZ S REMOVED 4 gw. Â£Â£ 5: 1 1.U Q 0 W 0 - --- --- -- â€žâ€ž - REPLACE E~ISTING DOOR. StoMEâ€¢RONTWINDO [EICAPPED PIPE TYPICAL 0 -1 BY REVISiONS DATE : 03 NORTH INTERIOR ELEVATION - GALLERYA 02 WEST INT. ELEV. AT NORTH WALL i- 1/2- = 1-0 1/2" = 1-0" K k REPLACE EXIST,MGDOORW/STOREFRONT ~ EXPOSEDINFRASTRUCTUREINFOREGROUND REP~ACEEXIST'GOC~=STOREFRONT I WINDOW IMPING ETC./TILLISTRATED WINDOW I Q.kn by | U =. i 1] E .!4 - I E Â· 427/2016 3 1 Scale |AS NOTED 1 4 1: = : , INTERIOR -~ ELEVATIONS Nmil 01 OVERALL NORTH INTERIOR ELEVATION Ai01 2 Ge To 'STALLAMYTIiACKS PEROWNER 1/4" = 1'-0' P~ed. â€¢j28~2016 J itiflut 2 .hareeD.lu'lm-/.I ..i G.Ill.....Vi .len 426 18. . (2/ (71 -3 14131 12 * -~ 11 10 (8 - (1~ 7 ll) /- (V 1.5- - -2=FC_______._23~C_____al X.-/ rfOR EXTERER SITE sTEPS 3-A RS SIGNAGE KEY11.@a~/ L .. . 126Â· 21--39---g ~ALLULL--17 -3 6, 1.12 3 ~]~\._1&12_,1' 1~RALSGLARDRALS CURBS WE -- Arch,lec! 0! Rer,)f d / .Ata RAMPS ...Al.S' PAÂ¢ING, Lift:XZ~M)~---- " FF *.."CLS & WATERFEATURES J-- --VSFE LANVS.PE DRAWINGS TfF NOTE SIGNAGE ~,HAI ..I WITH laC AND AN. poss 162--2-7-CLOE=El.. fill/I. 234 1 L F|27â€žâ€ž 7 PREPARED BY THE SIGNAGE DESIGNER : 0!- - SlGNAGE OFSION PACKAGf SHA, L EF RCH TECI!]RE - PIA'.1 16 A 1171 1998 R E.TREM ENTS A COM PLETE ros, 2 1.4 -'*01__--- 1 414 -25-Z=I . -- CONTRACTOR AID SUBM ITTED TO THE A N - - 1-2Â«lf-?19 - -- - 1 FABRICATION ~ 4 0 Bul,)11.G OFFICIA[ FOR APPROVAL PRIOR 10 0 0 1 L 1-1 ' , 11 -- --~ <j I | b \2/OF FIRE.DO NOT USE FI EVATOR USE - E I --il- 1 1 1 - --0% -En / 7 SIGN AT ELEVATOR CALL STaTIOk 'IN CASE , b./ B STAIRS' {IBC 3002 3)/3//7 20 2 I | - - TACTILEÂ·EXITÂ·'IG.180 11103.10111 FO~ Ul-ERtoR SITE STEPS STA * , 1 -,1 1 ~- ~ *83 ' 7.1 1 ~. 'TRA- 5 Â·d 1 1 /h . 99 INSISTD)ADJACENT TO Elli RAILS.CURI.E...15 RAM@ EXISTINGGALENAPLAC[1 1 1/ 93350 .<11 1 COMPACTOR 1 1 11 ti=j 1307/ STAIR/PASSAGFWAY/DISCHARGE SIM -1 I '4/ 11 1 1 510Â£*Alls PA,ING, PANIERS CODO TRANSFORMER ~ I , ~ -31Â·1 1-----4' 1 ~11- '1, C, 1 - 1 11 A SIGN INSIDE STAIRWELL IDENTIFY]NG FLOOR POOLS'WATE. E~.RESSEE | ENCLWE I LANOSCAPE IP , Ch ! ~ - 0==Exm gy I EVE[ AND EXIT [FVFI {100 10 9 - 71 ,"i .,5,{T f F 0 4 -03- 040/~ B 1 U STAIR TOROOF [18[ ]019 1.71 1-7 5 i a /h , Mili}ff= -- - i "Â· J â‚¬ = ~ 371 E - .. /* (IBC 1019:73 TRASH I ' 47 SIGN OUTSIDE STAIRWEL[ IDENTIFYING - A403 .< 30 611 3 1 A404 1 /kir, X' (_,/ I 1 SB ~ 5 .12 1 E l * TRASH g c J T 21 + FUTURE 1 PORTE 4 /TA SIGNIDENTIFYING ROOR ACCESS DOOR AS'.Eate Archill 11 COCHFRE Â¥ ' u ' , _ Ar ' COMPACTOR <dit' 51 SIGN IDENTIFYING FIRI CONTROL ROOM A404 ' 4 FIRE .=- ~. CONTROL ' 1 @*AA'JU~~UF.17~:4,12:2~~ S r--I Ill' . 4 %' 1 45 4 2 1 4'10' ' 0 106 .06Â§ DOWN ~. c 3 .ri' 1 796 39 3 c 27Â·21?Â· ~ , 36 * 0 ' 4 Â® ~ISEI~~~~GINIDENI'~SM;EN'S 1 + 111 STAIRSON GRADE SEELANDSCA' 1~P-Â«: TYÂ°ICI , 49 ~4211%12Ntlc'llt~F A(#*ITT f J \ 1 4 '111 LO.~,rt. %1I....I.52 El e-E' .5EE JA~D5CAPE D'/ U'f / 1 ~ PET--1- - -Irr~-1 J 1 11 1 1, 1 - IE' 6 9' .r-------- j | 5A ~:3 SECTION 44 .~ turrufFI-U. 1 Ex ibit O " ~ Vitfil colic y,Al TARIFF 1,1 2 V EET .307 . - ' 6 STAIRy. FO ST f N-r :r ly /1/ 08 I 6% RA PDOWN 53 + 6% 'El"â€ž" I I l , 112 , -- 41 BELOW -m SA:E-T Â· | /2 A831 . . 53 ST' IA e 5 F. ST BELOW | , 41:11 14\22/ jitf~ 41 1 PLANTER Â· s <30 SL 2.67% .1 AP[NE - - 2NCFLO0R E - .'it| E,4~1 5 )I~~@G~Â·r=Â·;di ~ - -Li 1 __ i J AH WALK I - /-7, VA-ET Â· - 0/ 4. 1 -1 9 - 3 -9Â· 6 11 |. I I ~Il STE; /40 160 : 1 IEN , DOCKBI.1/PER~-1-1-r *2 1 -. 1 ~ _ 1- -1 1 <:CL 2 , TO It ABIE 41.1110 CO j 1 5 21 1 WALK'.GSURFACE | 1 + 111 ---__ 4-__ -_A#LI 2.+2>-_ LI -41 8 H . 1 1& r-- Â·'. Fol -Â· S .--- ll |||| F t. ? Z FR lU .01 .- - Irmâ„¢ â€¢ + _ ~ 1 m ......u I EXT ~8 4 ENTRY - a LNLESS NOTED O'HERWISE DIMENSIONS SHOWN Â® FLOOR PLAN NOTES [7Â«Ty 1 21- --22..2 -= i - ~ OPP TYP. T,308/M,08/ . _ _~11 LOADR OCK TAR #2 : I 108 429~ 2 104 ARETOTHE '308 - 4 13 #-...1 ~ ' F = A EXTERIOR FACE OF STONEVENEER (F O ST) -ht -- ./,3 -//-) 1 1- EE Â·< pos & 12] E 4,01 0, 1, ST-2 Â£ 2 STCRACE Â¢1214 | - '- BUILDING GRID U152) L i GGAG 2 FOYER 1 1.1 1 ~ I * 2, FOS /21 AIC8 [iE Ek] * RETAIL 11 r- -- g ABO/Â£ 1 11 1 r L . 0.-Â· Â· 1- Ir.vi,s ck & -T . CENTER OF STRUCIUHALCOLUMN CE= 12 CH) f Â® ! 0 > ED 9- 9 60 '(ED -bOCK[ 11Â· | |48Â· 81 , 6/.~ - wt 4 ~ I ~.I I ~_rij-1 L_J ' 1 0, 1 11 L 1 - FINISHFACEOFGYPSUMBOARDAT ao EXTERIOR FACE Of TIMIrR OR WOOD (r O W.> 3/: 69= 9/ : VE~TIBULE I Â·, | , /6/ 7 7 \96 | | ~ iÂ·,LIGN ABOÂ¥Â£ INTERIOR 1VALLS 338 353 1 1 359 3,8 -- '. RESIDENTIAL SHOWN TO FACE OF STUD IF 05 ) ONLY AT RESIDENTIAL : RESIDENTIAL RESIDENTIAL ~ RESIDENTIAL , RESIDENTIAL RESIDENTIAL RESIDENTIA 1 112[ - 1 ELE?>.#3 | , C 4 Â· . . tai. 8 - UNLESS NOTED OTHER'ISE, DIMENSIONS ARE UNT[ AH-1 UNIT AH-2 1 UNIT AH 3 ~ UNIT AH 14 UNIT Alt-5 UNIT AM 6 UNIT AHÂ·7 . UNIT AH 8 3,Â§ 231 - --_i 1 161 I i [--ial 5 FIE-1 1 FIEW-1 UE--1 Fi86-1 : ria--1 ' 1 C Â»EAL PC.l U' DO P ,161 - i 51 , / 4 16//CL De 13.11 - tll' 9 1- 10 ALI~Atft t' rf> b E MY.'UNCEEMITINT~TEL -- - - - ...........--- --- ---~ - - - ~ - DOCK - /307 r SEE WALL SECTIONS AND DETAILS 4 opp. I. DW 1 ./ 0. . .. 1 . D DI 2.0 1 . u EW STORAGE ' 831 Il WED 1 1 ..' %Â· 11 / 'e Â· 1;t ~';000 VENER AT .ST FLOOR i . 1 1 - 00 ELEÂ¥. 12 ' 1 , 1 26 6 1 J R TAIL ARCAD~ j I 1 lili 1 -: , DOOR JAMBSARL 4-MIN IYPICALUNLESS NOIED 89 <ITC,â‚¬11 , KITCHEN ' KITCB / ATCHEN ' K~TCHE~ K-CHEN KIT{>EN KI-CHEN OTHERWISE I r. - I E ' -I=. 72, 1231 1 00 1 0- 00 00 0 11 ) 1 f UATOR~ 0 I. c. 101 0 1 T 7 i V BAT~i GD ')O -0 7 ' A SEE [Ht kOLLOWING kON Aol),DONALINFORMATION 1 i,LOBBY,I | 1 / 6/ w Eli] ' 6=4411 4 b GO rin (153 00 Â® O.10 0 1 (-in ~--1 i ELEÂ¢ 11 Â· | / * 11 1 ~ 2 Aol MASTER KEYNOTES AND SYMBOLS Â«Dy'~ATH.. b . BATH U BATH BATh BATH L BATI = v. ,Â· 1 1 ENTRY ~ 04 1 , E 11 1 E 1 6 1 - : r L__ -4 ' 6 LOBBY L- 1. 2 1*51;1,1 1 , 4 - A450 EXTERIOR Â¥Â¥All TTPFS |55/ S-ORAGE 1 1 5-4 103 /_, A5O1 A 571 REFLECTED CEILING PLAN , 633 ; ~oc~ __- ISÂ· _lili ' ,_ 1. JANITOR OFFIC 1 1 1 6Â· .1 2 5. A601 A650 ENLARGED PLANS {SEE PLAN REFS] 1 -Ir . Â£=A .6;A MAID 11 i *02 04. 12 05 PER'/1 /1!1'! \! 5 A lizA Â·B 12' 15Â·IA ~ 15.- . x. 1. IS 010 , .1 1-4-41_610 PERMIT (,MI Â£[* 1 STORAGE# 1 57, 158A 168A 173 i I 1 09 14.03 ADDENDI I.[ 27=11 : Pgrl CORRIDOR 'cy Tr' - - I .660 ACCESSORY LEGEND 0 \2/ u z - ABOO ROOM FINISH SCHEDULE 1' 30 05 . LLETI'll FL''R 8UILTI~ ESâ€¢ | | J Â·1 150 -1 Illeff 122&2===:r===:-~ 223 -1-2 - ,-3/ -, --7 TORAGE :Â£ ORAGE # , RAGE# RAGE â€¢ . OR GE ORAGE ORAGE = 6 5,8-1 *Â· RE[di 1 1 1 - - - 1 4 -- F A810 A814 DOOR SCHEDULE & DETAILS COXTRAi-[~ ~R IiI:~ IEW -- - 4Â· t- 5- 756- 4.57 FEATURE---~- â€ž 42' RECREATION 4 4 - ' 1~ 1503 STAIR #33 ~ - |~ 05 05 M " LLEllÂ·4 â€¢4 i i CORRIDOR ' A820 A822 WINDOW SCHEDULE & DET/!LS 1 7â‚¬Â· 70 I ~~--~- i~~T[1-1{--Â©_ z~4 14-2 34* T-D- --~ -r-13 ~ ~ ~ A830 Aa3] INTERIOR WALL TYPES & DETAILS ~T ROOM , 146 4 ST-3 13 6' \221 rOR WNâ€¢] R. ION ~ ELECTRICAL . L CE] S ! 31 -- 1 RETAIL #2 - -- 2- 4- 7 -- -- 1 - -- -1- 1 EXTERIOR WALL KEYNOTES 11 le 09 AS! Cli 11.10 C,i an)01: 1 1 --- - It : cia ED â‚¬ / 3.1 1 1 -~ 1 ~ O. 1 boil --1 11 1110 I ASIC]2 1 L-/ 1 .1,1 1 GÂ© /, -- BLSINESS It â€ž320 135 134 1 6402 -Â· St <44' ' Pnel VESTIBULE CENTER 1 ' CCDO. 2 | 1346 ~ . - LEE~ FIRE RATED 1HR EXTERIOR ASIC25 r.* 8 "-11 0 r m J (Â® |BATH O ~ EtÂ·EÂ¥,.#4 52 9 I ~ 142 ~ 141 ~ . 1 t.4 WALL Ye UN PROTECTED BA H , I, 13/ ~ 0 58 <30 1 |INC 7 OPEN~1'.GS FROM GRADE TO 01,16 (N' 11 Â® L/ (ED 1381 1 Â· 4 I ~:2~ & 1 ROOF DECK (IBC 704) BLDG Oe.04.07 ( CD 092 ./ ....1 ./ I ~ __.Il /00.,7 L CD)090 SETBACK <30 - -2 - G - 1 1 4-lf,3 5~ M ~5-11 - - #0. W = 1 Lf -'.--- I-/11 . | FRÂ·JN | FIRE RATED 1 HR EXTERIOR ..07 ./AL PERMIT 38 < 5 i ROOM - _._ Col. --- COL - 1 11 000 5.11 ..1 W/NOOPENINGS FROM I 33 a [iii] GRADE To ROOF DECK [180 10 . 07 CCD 114 2. CID I '12 - I 11 I | 1 704)BLDGSFTBACK<5 1, - 0 Â® 1 1 '. , 38% 111 .1 GUEST GUEST ~ ROOM 07 'CORN!Â®8 I 122 I | | ./ EXIT DICHARGE AS REQD(IRC L*%01 14 08 L ( [) ]51 1 ~ WOMEN'S 1223 2x n i t j -, EXIT W/IN 10 OF STAIR OR EXTER[OR 10 1.07 CCD 118 : BEDROOM GUEST 'Al?LOR GUEST ' GUEST i ~ ' 'ES ./ I ~ FR-]F I FIRE RATED EXTERIOR IA [ I CC' lei \ ..1 0. 1 1 3[DROOM li| ROOM /5 ROOM 06 1 3/4 HR FIRE RATED OPENINGS - ROOM #4 ; ROOM 48 | . A --3 1 9 ~341 9 113511 . ~ ' 4% riirl ! U*3 I E-Eli ZE< loa 1023) _ #* 133, I _-col- Â·_ 4 - I t I Il 1228 |1 | 1 --- IT -1- -----~2-Ii---~ :. WAIL VÂ¥/20 IN PROTECTFD 1338 || 1 ' 1 [FiE] [EBil â€ž [32] 0 [3*] | 3 4 1 I JANITOR ~ 1 I 121 ACCESS BALCONY (IEC 1 ZES 1 - -| - ~ ~ - ~ OPEINGS ADJACENT TO EXiT 1 :_ L H [wir| FIRE RATED 1 HR EXTERIOR EXIT BALC â€¢ AUGâ€¢,ABOVE ~ 1 1 6-,ill 'Â· I ~Â· ~' I ~L '1 20,2, 1 1.61,2. 111% 2. E 1013 51] - 93 11 i WEST: ---Â·: 2 -1 - COL - 1 lili 11 1 8% 1 ' 1, ELF, 11'4 : 1-9 LOBBY ' i ~ BATH - THE RESIDENCES I I. - ROOK_R -1 332 1 1- 01 WALL LEGEND --- - riin l 'ttld' 0+ 5,"Z- F o *0 - i / r â€¢ 11-R Raill I 4-7 *- FE ! 0/ .. . IE 1 - 10 6 A307 Â¢i~ 4 i 3Â·Â·1 2 T -lt' 1 U - AT LITTLE NELL : 22 Q Q =] .L STUD IALL 11 ED PAR OR 512' . \ PLANTER & CÂ® ) 1 MEN'S I i - 2,2 HOUR RATED WALL 501 DEANA, FN' r 0Â®1 1 17 I IX- 27 11 1 20Â£ ABCM -1 ' (lk)-~3 ASPEN COLORA[X ./ ..9 % I.k . -Bm- . , 3 - KLLOBBY ' I ...I-/7-Â·=.TE 1 HOUR RATED WALL A307 / r #17 1 - -- I /8 , r . gao, 1.2Â· 1 f .9 1 - ~ ~ Q W. - 9.Â· 2: .. | A 37Â·-771-/..Â·m 2 HOUR RATED WALL -497 ..1 . â€ž - ... .. -, , PLANTER Â£ ' - -FEINT ..11 # MANTE, k '~ .1 â€¢ 732-V -123 Â£ I i /03Â· COURTYARD PUBLIC Jf -O~CON&-- \3__2301 |~i ~e"#. .1 >1 CE 1 \29 1 --r-----_-----1 EincÂ® i 1 r=77Â·7=-/ 3 HOUR RATED WALL 131*1 1 y SEE UNDS-Â¥E /1 / --\ 1 307 / 1,' ps i SKI LOCK: RS 1 Â® 2 L = 7-rY-EFT-7-7 CONCREIE 'ALL I 1216Â· 1 1 // / ; /7 - 7 600 Gl 1 1 h\ / GUEST I62 '91 Â® ROOM 12 /3%]1 4 ,- I 97 1 '..,9 + . , I. I.: 45 -OCKEPS - ' F.-1. | 4, - CMU WALL BATH rijil 4 12/ 2.E_111 1-1 -~- K =IN=5mum EXTERIOR SIONE VENEER 1 -Â»111.' 1 -- - 00 0 . /0 - 1 25. " 113 ~ai /00,1 MAI. , GABIA'Â¥IALL -/ / -- || F , CORRIDOR '7731 0 ' SULANDSCAPE , 1Â·~LA ~I ~ ~ O.ING[ i 1 1 1 1 ~ EXTFRIOR WOOD VENEER EE] .01, 0 . 3 i FTE-1 -:44Ii AmE FE 1 H STAIR#4 4-1\2-1--_tf.91--1--UPI - ~ < 1 EXTERIOR VENT LEGEND A Ely-1 ~ ST-4 GAT~P-Â»--11 RESTAURANT - 3 :1.72:J 5'-03 g +/ 0/ 1 WOMEN'S PUBLIC , OWNER'S MECHANICAL RETAIL#3 -WORKING FO NT 9 12' - = r il . F.HAUST VENT SEEMFC. SCALE 4 COL - 4- ~0 IP' SKI LOCKERS | 118 ROTATED dIMENSIONS a 4 11 .ATINS!1ECORNE'OF - 1 Â£3: 1 I - i GUEST PE-1 ANGLED*C WALL EKI :158 . H KITCHEN HOOD EXHAUST VENT. SEE MECH PROJECT NO 127 I jil 1 e | ROOM #1 - ,794, 73 1, " 1 j .:LOCKEPS .p LOWERED 00# A.C. _1 fl 2 4 13/ = . F RADILSCENTER - , -7 Â« ~ F FIREPLACE E.HAUST VENT DVIG FILE FACE 07 5TN . r -Rf'Ed F'bti LCOR ~ EA\~ - I | I 2 W I -0 THFOTHER ALIGNEDVERTICALtÂ¥ ' --9/6, |+794175 d.....21/ 2 1-21 TWO FIRFPLACE EXHAUST VENTSONE ABOVE - FOCOL ./ 11 '1 . 3 - - d i r _ok.-0 'lon _ - 10. ColÂ£ SHEET TITLE 00 - k . I L I .HENTWOVENTS'RESHOWNTOGETHER IST FLOOR - L - - --- - - /' REY. 6~ ,1 P.0 ''|R-/ 121 111 FOCC. Â· Li -Â· _LÂ· Â·-11Â·-Â·L Â·Â·Â·-1 --â‚¬*Â·*â‚¬Â·-3 I 3,1 1. ONE LOCATION. ALIGN VERTICAI LY FO ST ABOVE FC ST ABOâ€¢ E _'4_ ' |. '051-IJ S 3 iIÂ·: 11: U ONE ABOVE THE OTHER FLIX)k PLAN . TO.5 7941.75'(+09 1 8% 1 ,STEE STEPT-POJGH 4 I - - *-- - - - 1*| d ACCES'LADDER ' 9/Dh , 1 SEE EXTERIOR ELEVATIONS FOR VERTICAL AND - HORI7ONTA A[IGNMENT'.VENTS 121 -4 1 8 1--/*702 --- /\ 8 1 STA]RSONGRADE 11 A210 th 1 C.7-7-2- - ---=+91 1- 1 AUCI &550 1 1 1 1 ~ 1 1 28 ,Â·0Â· 43' 1 \ 1 1 ' 5.C LAN[,SCAPE o TYPCAL 0 0 2006 -ckn'(njg! AN. , Aâ€ž" P' 12 7 13 6 13 c 3 2Â· 9 -4' 13 6' | 1 6Â· 126Â· 149 3 6 16 3' .0 E' 223Â·0 AZB' 4 NORTH .... --- ' 14 _ _ 3- 10 19 8 / 6 5 4 3 Â·Â· 1 1 8 2Â· .1.8' 3 -0 0 0 0 ZONE NET LEASAILE TOTAL N L AREA AREA CALCULATIONS AREA re GALLERY A 624 58 '9 R 1 .r GALLERYB 844.79 sq h GALLERY C 461.95 sql fl LIi VESTIBUL.F 77.45 sq n L LC. ARCHITECTS OPERA GAL L FRY [COMBINED CAI L Â£ 10Â¥ SPACES] 7,008.86 sq 1 P.O. BOX 2508 ASPEN CO 81612 GALE.ERY STORAGE 378.68 59 ft WWW.ZONE4ARCHITECTS COM TOTAL 2.387 54 sq ft UGE'ID NET L.EASABLE GAt _FRY FLOOR AREA VEGilluLE SHOWN OVERSIZE FOR .EXI'll 11' IN vkS MLE CONI iOUNTION A NET LEASABLE STORAGE FLOOR AREA b u--11 HALL.8 HALL -A J a [CoÂ·'VON] CC OMAKON] in , -9 UJ Z VESTIBULE MECHANICAL. r\\--- 121=h Jr [COMMChi 1-(D i 4 J 4 ,0 STORAGE - / e <0 1Â»- 0Z W LU 0 1 --10- 05 Z 0 UJ < U.1 0 14 0 LU 0 3 - GALLERY - A [BLACK ROOM1 GALLERY - B GALLERY-C 10. 102 103 0-11 6.-- - -- 1 1 L - 1 % 4 1 I- L -1==1 - -ul' BY REVISIONS DATE . Drawn by: | Z4A IF THE ABOVE DIMENSION DIES NOT MEASURE ONE INCH 1 J E<ACTLY THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED AFFECTINGALLtABELEDSCALES Date: 4/27/2016 Scale: AS NOTED AREA 01 FLOOR AREA PLAN N 1/4 111 (11, A001 Plotied On 7/26/2016 Abl 311 03Ab]3Sak, SIHDI~ 11V ()13~13,ILLHOQI*d{.DONIC}AIONI &1Jerk,03;,N,SaUHaH.10'rl, CkV AU~)in~V.RM,nHOPI,!0091VN,Â¥19~ TTUWS 011Ri031!,43UV ~3N,}7 111 Sl )31!,40Wv t 3,J(32 d(iN[DISS,WkI3d N311~UM .Onld 3,41 1./1,Â£03.n /(003SI 30'Iri N :livWBE}-5]Mi -nitivd/N .1 S.'ll' ll raNDZ :90 A~UadOud 3Hi S, 1N30,ADDO Slwli,DO3NlviNDO li,31.1, Nc~ISaOON.N M.*.1 311 9133i HOUVâ€¢3NOZ 1/0 01,Â¥JmÂ«)Hir,V N,1 IrHAAMDI. ..,IAA SNOILÂ¥0,4,OUS HO SDNIAME1 961141 01 SaONVH) ANÂ¥ H04 .Il J ANV iV . SNO,1....alevrl lON SI .10'11.... t 9 No7 Z \Shared\Data\_24 Prolects\1521 Opera Gallery\Model\ Opera Gallery 6 23 16 pIn -A. . 0 0 .'Â£1 11 1 6 m l.\ Llri ! ARCHITECTS MALL=.2 ! HALL . A / A P.O. BOX 2508 {COMMON] [2('~1MONI NÂ»\ ASPEN C081612 \%4:\ WWW ZONE#ARCHITECTS COM VESTIBULE MECHANICAL D 0 B NEW 1 HOUR RATED Wal L p ANDDOORASSEMBLY iIAQK toi 2--_9 104 .- I 12 5 1 /FEÂ». 1:) 3' ---1 91 1 ! 1 f _ i 1 ! ! \41 j J ! eio -6 1 r Z 4-- i 4 1 /# / 7 M / iii i Â§8LLEELA fBLACK ROOM1 CAL.LERY - B GALLERY-C 1" l 24 2" lili . . 29 3 HI 1 1111 lili 07/ 0 0 ill i Z W 1 1-3 -3 r E-1 Idj 1 F=lilli UJ k U.1 Q 1-Mli &3-"- Â·9 Eli 111 0 0 2' 9-1 122 a | BY REVISIONS DATE EXISTING ADA RAMP 33 8 ./ 1 # 10- PIF r - Drawn by: | Z4A 9 1% I IF THE ABOVE DiMENSION DOES OCCUPANCY CALCULAnONS NOT MEASURE ONE INCH <1'J EXACTLY THIS DRAWING WILL -VE 1 HOUR RATED WALL 684 46.Â· f 5 NErs, 137 OCCUPANTS H.......-I-'-I- ~ACCORDINGTOE:<6.GDOCUMENTS] aEEN ENLARGED OR REDUCED, P AFFECTINGALLLABELED SCALES 7 HOUR IRATED WALL 843 6Â·. :SNETs, 169 OCCUPANTS --O--I- ACCORDING TO EXIST NO DOCLIMENTSI TOTA PI:iTANCES # RAMP mill 'STANCFS . /TAIR PUBLIC RIGHT-AWAY 1------- PATHO- THAVEL . 150'-8 . 102 4 [EAST DEAN STREET] Date: 4/27/2016 461 95 si ~ 5 ~ET.r 92 OCCUPANTS 8 1 31Â·-9 . 83 1 AS NOTED C 141' Z C 92 10 Scale: D 173.9- 0 125 5 198851.1 5.t 397 (XCLPANTS MEANS OF il NA EGRESS/ CODE STUDY i 397 OCCUPANTS 01 MEANS OF EGRESS (D IDC SEUT ON 303 1 ASSEMBLY GROUPA 3. ART GA-LERIES IRCTARIF 11>N,1 N 1/41 - 1'-0" iE ASSEMIi Y WIT HOU r FIXED SEATS A002 .. ~STAND1NG SPACE" = 5 NET 5 f F I RE: R E B IRTA NCE RAT ING NI BC 1 ABI F. 19 :11 BU EDING TYPEI TENANT SPACF(GALLERY) TYP, 21.- Plolled On .23/2016 5/ .O *131149 Vhl El E 191L~I 1 134 'SNBB 03. S3 . 1N O-3U3411}401~AdOOSNIOn10'I S~,45~mOBAU39.Uahliol. O~N~~Jljllvl59Â¥~N.IrÂ«J~NN~1~11Â¥HS 01191031IHOUÂ¥~3NOZ Olls.DallhOUV+ 3NOZ ~0 NOISS!.4~3d NG-IUMEOQIdaH11*1~03dO* SE39AV/NOI.MUD#' * . 61 2 *5==MR===4 %1t=z~i~ y~N~: 2-'. Z \Shared\Data\_/4 Projects\152 1 Opera Gallery'Model\'Dera Gallery 4 26 16 pli' 0 . 0 . i Ir ARCHITECTS L L C. P. O. BOX 2508 ASPENCO81612 WWW.ZONE*ARCHITECTS COM SITE PLAN NOTFS: 1 ARCHITECTURAL EL 100'-0-EQUALS TOP OF EXISTING CONC SLABAND EXTERIOR PAVERS 2 ARCHITECTURAL SITE PLAN USED 10 LOCATE OWNER PROPERTY ONLY (IC AND SURVEYOR TO CONFIRM C;ACT LOCATION AND EXTENT OF PROPERTY IN FIELD PRIOR TO WORK) ALLOTHER INFORMATION SHOWNI FOR ILLUSTRATIVE PUT/OSES ONLY 4 RLEER TO SURVEY FOR ACCURATE EXISTING CONDITIONS iNCLUD]NG LOCATION OF EXISTING UTILITIES 6 G C ANDARCHITECT TO FIELD VERIFY FINAL LOCATIONS FOR ALL METERS, ETC PRIOR TO INSTALLATION 7 G C TO FIELD VERIFY FIRE ALARM AND STROBE LOCATIONS WITH AFD PRIOR TO INSTALLATION 8 REFER TO LIGHTING DOCUMENTS FOR EXTERIOR LIGHTING PLAN. 9 GENERAL CONTRACTOR SHALL VERIFY ALL DJMENSIONS AND CONDITIONS A SHOWN ON THESE DOCUMENTS AT THE JOB SITE AND SHALL NOTIFY THE ARCHITECT OF ANY DISCREPANCIES, OMISSIONS AND /OR CONFLICTS BEFORE PROCEEDING WITH THE WORK 10 THESE DOCUMENTS ARE BASED ON AS BUILT CONDITIONS, MEASUREMENTS, AND ORIGINAL DOCUM/NTS PROVIDED BY THE OWNERAND FIELD MEASUREMENTS TAKEN WITHIN SPACE BY ZONE 4 EXISTING RESTROOMS ,- iACCL SSIBIE roorEFtAGAILEATOCCLIPANTS] CE J W F - -7 LLIz MENS WOMENS 1 1 --1 5= RESTROOM RESTROOM | I [iEXISTING] [EXISTING] I ~ 4 1 00 ~3 \\. h0 DN DN e <0 ---------------------------6 u 1 DN i EL 100.0 ~ '; 1 0 (E) CARPET ~ 4 1 *EL 100Â·11 2 z in LCA%1--_ 1 TO HALL r F : ELIQ'11&_ W< 1 TO DOOR THRES, OLD -1Â»- ,/ISTING RAMP FORADA Â£1 W U.1 Q IFI- 0 \ ACCESSIBII ITY ~ r -- 14 1 l A Div 0 || OPERA GALLERY O 1 1---1 -- - FLL 1 r v \ 1 \ 1 \ 1 1 1 . EL.11&:L 1â€¢ BOUNDARY AREA UNIT C-3 1 90 .CON. SLAB PER CONDOMINIUM | TO DOORTHRESHOLD EXEMPTION MAP OF RESIDENCESATTHELITTLE 1 ' ATNORTH 700"5] _A=Eaz. NELL BOOK 89. PAGE 36 1 17 -1---T-iII fla Â· Â£ E-1 2111 19- 7-0- -1=11 + 0 _1QQ-dr- 4TO STONEFF 1 1 - DN DN 1 0 D BY REVISIONS DATE I 1 0 1 0 up L-__--------_---_~ OUTLINE OF i STRUCTUREA'OVE DN DN DN ' DN DN DN 1 DN | Draun by: | Z4A 4 1 !i E~CTLY THIS DRAWING WILL HAVE .0 lF THE ABOVE D]MENSION DOES,% NOT MEASURE ONE IN01 0} 03 BEEN ENLARGED OR REDucED M EXISTING RAMP FORADA AFFECTINGALLLA'ELEDSCALES 4 ACCESSIBILITY .0 dll *f EAST DEAN STREET Date: 7/26/2016 .6' [1'EDESrRIAN} Scale: AS NOTED ~ 02 .* SITE PLAN ~1 01 SITE PLAN n ED N 1/8" = 1'-0" A101 Plotted On 7/26/2016 03AUgSa~SlHCN?~11'/ 012aa~.LUIDRIAdODSN{N~1}Ni 5~De0aA~3Gau~akial~ M )iniviRMÂ¥~Nor,~0311VN,~18'11~19 ~~11810ali' uvpaN(>2 JilSin3ll~41~~t 3N0Z *)~~~SSI,Â·AJ3d N311,UM~<M~d 3HklnelwAÂ·0~,di~Duoa~gn 3eAvr,Nâ€ž~1-(7==2&=5=6==& 35=59 L.0 Z ~Shared\DataLZÂ·$ Prolects\Â·1521 Opera Gallery\Model\opera Gal ery 6 23 16 Brn I"NO' ZONE ARCHITECTS LLC P.O. BOX 2508 ASPEN CO 81612 WWW.ZONE4ARCHITECTS.COM N A 6 ~_r---41 UALL-_8 HALL-A J [CON'MON] , EL. lf?[comm 9 TO (t ) CARP'IT H j i. 12 J Ill r W LLIz TO HALL F F MECHANICAL -Ut J " EXPOSED STEEL STUD WITH [Cok/lyâ€¢] . (0 .ICKEN WIRE ABOVE A EX!/-1NG DOOR TO 1Â» 4 3 BE REMOVED ~ ~ STORAGE 4 0 0 i WUJ #L )RQUEL_ TO DOORTHRESHOLD 00. Z 0 111< â€¢ PARTIAL HEIGHT WALL Â¤ 10 REMAIN 0 2 - GALLERY-A [BLACK ROOM1 GALLERY â€ž B GALLERY-C , EL JQQ.2 10 (E,CONC ./6 Ou IL,NE OF CEILiNGAGOVE T O DOOR THRES,/OLD ,~ [TYP AT NORT' EXT DOORS; r E.L..212 - hJH | BY REVISIONS DATE Ell ' i Â£21-~ j 4 3 Â£--- ~ p ----' 1 1 1 ~ El '00=9" I â€ž ... TRANSOM WINDOWS A.OVE 30 STONE F F RE INTERIOR ELEVATIONS 20 Â·6Â· 34' 7 3/4- ; 1 29 61'21- / 25.7 I EXISTING DOOR TO BE REAIOVED EXISTING DOOR TO BE REMOVED Drain by ~ 24A I THE ABOVE DIMENSION OOE. NOT MEASURE ONE NCII (1 ) EXACTLY THI DRAWINGWILL HAVE BEEN ENLARGED OR REDUCED AFFECTINGALLLABELED.CALES iQ.I.Elii 1 SITE ELEVATION UNKOWN = ARCHITECIURALEXISTING [E] f IN[SH FLOOR ELEVATION 100Â® 3/4 09 2 GENERAL CONTRACTOR SHALL VERIFY ALL DIMENS~ONS AND CONDITIONS SHOWN ON THESE DOCUMENTS AT THE JOB SITE AND SHALL NOTIFY THEARCHITECT OF ANY DISCREPANCIES OMISSIONS, AND/ OR DateÂ· CONFLICTS BEFORE PROCEEING W)TH THE WORK ' 4/27/2016 Scale: AS NOTED FLOOR PLAN 01 FLOOR PLAN [EXISTING] [EXISTING] ED N 1/4 , 4' A 1 -V A301 [E] P cited On: 4/28/2016 ./. 19., 1,2 9 4213d O 03A,Â·3q@hsi,ion,11Â¥0.-3'inis~.coyâ€¢JN,grl:*il E-nul,03Ahaga~k,3,41â‚¬11,Â¥ 0,4Â¥ A~ini~.SM,li,(~ri,N()01~k~13WllÂ¥,It; )11%1')milljMV,3NOZ rnNi}al,Il)}IÂ¥,3~2 jok(>,ssi,N~3~Nali~Awoi),uinlinoilil.tio#- nagAnÂ·.NO,iÂ¥,Â·~C)~NISI'lliril-oN,olisi:~31lli:)}~.3M> U~adOM*/1 1 Nle:.G'141 NO,lv,Dioilin,Killl,HMWO- in,]LI Â¥313011G}10504 .3Â»UOJ NV,40*1./)100 1 liAN,1Â¥ m.........'ll 31#,i=N(,2 .12 . . . .ZONE BE, CL ARCHITECTS LLC P. O. BOX 2508 ASPENC081612 WWW ZONE#ARCHITECTS COM 6 ILL D....PE.N. WITH LU--1 SIMILAR MATF RAL S TO MATCH EXISTING )- HALL + B HALL-A -1 [COMMON] Â« EL_lg [COMMON] 14 TO AMRPET 1,11 e J -~~ IMOVE EXISTING )007 -N -N*. Q.1291.1 MECHANICAL -1 M TO HALL FF Jr ART RACK - 7 COMMON] H e ,+ EL #_1â‚¬ Cj - - _ f. DOOR THRESHOLD -J 0 EO STORAGE - 1. 11 1 9 40 RELOCATE EXISTING METAL DOOR . ANDAOD LOCK PER Cl UNT 11Â» Ec 2 020 1 :\ r 03 I i Z 0 WATER LU < COOLER LfÂ» EXISTING WALL TO . PARTIAL HEIGHTWALL Q REFINISH AND PAINT REMAIN TO REMAIN - ALL EXISTING WALLS .PICAL Ill , FA C:.Am. 01 U Ck: Â»02'k . Fl GALLERY - A IBLACK ROOM1 , 6.<4, 01 GALLERYÂ·B GALLERY.C 102 05 EL 10" CO. F<EMOVABLE SCREEN / â€¢ To 'i N. SLAB 37 ./cm.R.A.:424/ i 01 REMOVABLE SCREEN 03 /1.602 32" / 80 cm FROM NA: 1 03 , V , TO [)t)~?R THRESHOLD OUTLINE OF CFIL~NGABOVE [TYP At NORTA EXT DOORS - 4 ./LIzE , I A- ITI 1 1 ~4- ..1 *, 02 1-J 1 -*- Al 1 + 1-31 -1; gu -9 ./. BY REVISIONS DATE 7 7 REPIACE EXISTING DOOR W 2; Eg;= 1901-Z RFFLACE EXISTING DOOR V'ir ~~" IRANSOM WINDOWSABOVE STOREFRONTWINDOW ~ TO STONE F F STOREFRONTVYINDOW RE INTERIOR ELEVATIONS 34'-7 34' lili 29 6 34 .6- 4 // 59-7- Drawn by: ~ Z4A NQIÂ£' 1 SITE ELEVATION UNKNO.N = ARCHITECTURAL EXISTING [El FINISH FLOOR ELEVATION 100-0 3/4Â· (1'Ul 2 GENERAL CONTRACTOR SHALL VERFYALLD:MENSIONSAND CONDITIONS SHOWN ON THESE DOCUMENTS 9/Q/J~/X AT THE JOB SITE AND SHALL NOTiFY THE ARCHITECT OF ANY DISCREPANCIES OMISSIONS AND ~ OR CONFLICTS BEFORE PROCEEDING WITH THE WORK IF TIE ABOVE DIMENS!014 DOES NO~ MEASURE ONE INCH 1 ) EXACTLY â„¢IS DAAWING WU *5 BEEN ENLARGED OR REDUCED AFFECTINGALl LABELED SCALES Date 4/27/2016 Scale: AS NOTED 01 FLOOR PLAN FLOOR PLAN N 1/4" = 1'-0" A301 F,otted On 4/28/2016 3 1 1 V 9 Vhl 3 d O 03~0Â·393~ Â£, L i')!H llÂ¥ 0-3113!,11=B*d<>OONIOAO.~ S_HO~ cÂ»asm, ~,3,uo i p. 0.iÂ¥ ~aoilli,is~,Â¥l i,or,~cx)~. ~,vi3,41 Â»0; 011 4:]31,14 *4~. 9NO2 7111103,11,9~,V~ DNOZ MOI~]1$.Nlr,M. NaU-Â·A M,]IM.1 Di lt inninu.toawoon,0 03Srl 3g AÂ¥,N ,= d,@I W fN ON )11 Sl . 1,1.- 7=,12 , 1/ 6 1/44 ./ NCI ~ ~7â„¢0~ I 1 Ih0 Nl 0 0 0 Frontage @ Property Line: 214'-4" Existing Dean Street Elevation Total aggregate square footage requested: 56.75 S.F. Divided onto 6 seperate & distinct Project Address: 501 E. Dean St. tore front elevations. [ A through F ] ABC I DE F =================== --1 a k 3 n n n 4 & 4, 4, #1% 1 1 14 1 0 1 02 uÂ° Em 1 4% 1 01 01 0 0 ~ I /1 r ,4 /4 UL==1 I. /. / L 7,4110/>1..] 1 11' 4 1 11 1,1 11 1 1 0 1 0 1 L-LI 01 0 4 0 1/, 141 / 4.00 1 4 11 141 1 11 1 1 11 le=--rÂ·,91 .. 1 7+.1/711 ./ -3-1 5.4. c r.. Izld// 0\.d E3.I-.9 f --3- 1 -. 1 ...t Lowei AwnÂ¢ng Â·t r -1 7 .7 ''/' : ..fâ€¢* eâ€¢~4.97 . 1 .1 .. . | L, C" , Â· t. .Alr -... 5 3 ; f 5 5-:/1 Aff -*sl ,* 46* . 2.4 ;KI?:.1 . 1 E===22 1@4 '43**F ' , 1 EE*EEE Â·a 1 1. 49 1 /'4.. r ill , 44 43- . p. T- i U Â¢4 9. = .5 ..1 1 . 3.,, r*Z 44 4. :.* 1 --- ... % ..a 1 -- .li~- -I--Ill- Ill-li- - -- - -- - Ilill=-W- - 1 1 1 I Al------ -1 tz====E===1 - WEEEBEEEBEE=6 ~ |R*****E El 1 F====F==A ~EEPEE~EEERE=1 1 1 *bLE '' Â·. 9 0 -1 1 dld= 3 Id -------- 11 1 1 I L./ 1 | PLAN VIEW NORTH ELEVATION 1 1 1 1 NTS Opera Gallery Leased Space 0 0 0 Frontage @ Property Line: 214'-4" Proposed Dean Street Elevation Total aggregate square footage requested: 56.75 S.F. Divided onto 6 seperate & distinct Project Address: 501 E. Dean St. tore front elevations. [ A through F ] A B C I DIE F ~111=lae= =================== E= -7 1 'k 1 1 -nnn 4/ 4/ 4 4 4, 4 4 4 ht L C] C] 1 0 1 0 11 0 0 1 ! CJ Ct=~ 1/ Ill / 11<F 1 0 1 U= 1 4 Ill 41 41 -1 UL==1, L=U \ 2311Â·,~-AÂ·J [Â»41'k/A J lilli C \' 11 ; 11 lilli 11 ' '11 1,111,1 0 0 C] 1 .:11 1 11 lili 1~ # . 1 01 011 01 01 1 0 . 0 + / , 66. 00 3%4 4 / / I lili -i -21 .0--4.2,-0,5 ,A] [7E1-7371 Umel #.ng - '.1 1 :7 --- -. I le 9.41 ~-Mt : dier rl .A 4 14.. I 1 6.4.' 0. - 6. -3 f ' 3 .:... K. , 1 1 , : '..../. Â· 9Â»,i.4 e. N.k 1 E ..EEE ., I.~ 1 1 25; -Â·it- 44* '+ 92 - - 4.4 . 11 .1 4 /9.i. q.-1 j I -,ds WJ - - - -34-4 .... ZI' 1 7. I fl. :et ,,~~ -- - - ~' .5 ----- 1, I I i :. 4, 1 .. *40* 1 .â€ž J ------ .2.1 *:.....1 -- -i- --- -il- .-- - 11 LL_ ._-__-_ -___r~___ li_ 1."--- 1 - IL + 1 1 ==5*.EE Efal IEEE+EEE' =====f-----3 r-- --4 ~==grn 4 1 65--IME*Mt--I~--2 ~ 1 1 U.Y Awning ZEÂ» 06 2Â¢23 1 11- L r-l".1.---/~ 1 1 Eli\ 1.1 1 1= 1 - --,1- - 7-1~7-"-- ~ PLAN VIEW ~ NORTH ELEVATION NTS Opera Gallery Leased Space L f' trim- - .0/8,/)ir