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Land Use Case.550 S Spring St.0019.2017.ASLU
0019.2017.ASLU 550 S SPRING ST' PD AMENDMENT 2737 182 80 001 <* 5 )+BA£1 5 Ill IP»~ tl A 1 PATH: G/DRIVE /AITMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0019.2017.ASLU PARCEL ID NUMBERS 2737 182 80 001 PROJECT ADDRESS 550 S SPRING ST PLANNER BEN ANDERSON CASE DESCRIPTION PD AMENDMENT REPRESENTATIVE ROWLAND & BROUGHTON DATE OF FINAL ACTION 5.4.17 CLOSED BY ANGELA SCOREY 5.5.17 44 Permits 2767.1%-2-.O-DO( ooll.~ | 7 . AS LUL El x ~ file Edit Record Navigate Fgrm Reports Format Iab Help , 1 @ 43 0< 4 e 4 a . 224 1 Q.1 49 1 d =0 - ~ i ,0 1 >] E £1 1 lump 1 C 20 ] i 4% I e ~ 1 41 41 -61 1 *1 41 + I i " 2 ..9 [13 ..2 0% 42 * 0 - ] Main ~ Custom Fields Roubng Status Fee SummarY 1Adons I Routing tlistory I ~ Permit ~type bslu A.spen Land Use Permit:# 0019.2017.ASLU Address 550 S SPRING ST Apt/Suite City ASPEN S~tE co Zip 81€11 3 :%5*q. i: '* Permit Information 49. Master permit Routing queue aslul 5 Applied 03/15'2017 Project Status pending Approved Description APPLIC.ATION FOR PD AMENDMENT Issued Closed/Final Submitted ROW'LAND & BROUGHTON 544 9006 Clock Running Days ~~~~-~~6-~ Expires 03/10/2018 ,~ Submitted via *16; i Owner 550 SPRING ST Last name SKY HOTEL First name ASPEN CO 81611 1 Address 1 Phone (970) 925-67€0 - = in Applicant . 41 Owner is applicant? m Contractor is applicant? i Lastname SKY HOTEL 0 First name 709 E DURANT i ASPEN CO 81611 1 Phone (9701 925=67€0 Cust # 25 39€ Address 1 Email Of 5. Lender la?. Last name First name Phone (: - Address kipenG¢d5 (seR,erEl#gelas f-2- 1 off_ _ .:E L, pe ~p'E' i /* '· r ---. UU::: > -,ad.:4-.· ~ i ,«g::~44~- -· - 62*f 00299 -1 61° re?rad~ S '- 41'300 -00 74 2,1 G-~ 19- ~ ab Groupt I ~Toolbox | |Quick Notes |{ PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of a site-specific approval, and the existence of a vest ed property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following de- scribed property: Parcel ID 2737-182-80-001 le gally described as: PARCEL 1, Woodstone Inn Condominiums, according to the Condominium Map thereof filed March 11, 1983 in Plat Book 14 at Page 45 through 49, inclusive at Reception No. 248609 and as turther defined and described in the Condominium Declaration for Woodstone Inn Con- dominiums recorded March 11, 1983 in Book 441 at Page 814 at Reception No. 248608: PARCEL Il, a non-exclusive easement and right-of-way for the purpose of ingress and egress over and across that certain parcel described in Long Form easement Agreement unrecorded, notice of which is given by Short Form Easement Agreement recorded April 25,1977 In Book 327 at Page 777: and PARCEL lili Encroachment License Agreements for the pur poses stated therein recorded September 3, 1976 in Book 316 at Page 232, April 30,1982 in Book 425 at Page 907, in Book 425 at Page 913, in Book 425 at Page 919, and recorded November 13, 1985 in Book 498 at Page 909, County of Pitkin, State of Colorado; commonly known as: The Sky Hotel, 550 S. Spring Street. The Administrative Ap proval for an Insubstantial Amendment to a Planned Development allows for the reconfigura- tion of a three bedroom fractional unit to a two bed- room fractional unit. The change is depicted in the land use application on file with the City of Aspen. The Notice of Approval was issued by the Commu- nity Development Director on March 30 2017, Re- ception # 637591 (4/14/17). For further informa- tion contact Ben Anderson at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, Colorado, ben.anderson @cityofaspen.com, (970) 429-2765. City Of Aspen Published in The Aspen Times on May 4, 2017. (12795688) health care providers. For more information abod cont= Protection Agency (EPA) and the U.S. Center9 for Disease- Cryptosporidium and microbiological contaminants call Ih The sources ofdrinking water (both tap water and bottled 5 travels over the surface of the land or through the ground, i can pick up substances resulting from the presence ofanim •Microbial contaminaw: viruses and bacteria that may a and wildlife. •Inorganic contaminants: salts and metals. which can be n waste. ater discharges. oil and gas production. mining, or & -Pesticides and herbicides: may come from a variety of so •Radioactive contaminants: can be naturally occurring or I •O,ganic chemical contaminants: including s>nthetic and petroleum production. and also may come from jas stations [n order to ensure that tap water is safe to drink the Colorat amount of certain contaminants in .'ater provided by public contaminants in touted water that must provide the same p, L,Aitn_Dfinlung.j¥,tir If present. elevated levels of lead can cause serious health p levels at your home may be higher than other homes in the about lead in your water. you may wish to have your water potential for lead exposure by flushing your tap for 30 seci lead in drinking water, testing methods, and steps you can 426-4791) or al *-:,4¥.wi=ze'Mai""00* Source Water Assarment and Protection (SWAIN Ihe Colorado Department of Public Health and F.nvironm, general in formation or to obtain a copy of the repon pleas Assessment Repons-. and then ··Assessment Report by Ci Alan 1.eslie at 970-963-8393. The Source Water Asses,n occur It does na mean that the contammation hai m win treatment capabilities and prepare fbr future contarninglio In addition. the source water assessment results provide a contamination m our source water area are listed on the nt Please contact us to learn more about what you car do lo I Quality Report to learn more about our s>stem, or to atte; the services we pro, ide and the qualin water we deliver t 82*\ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: DeoeL k/KL¥/9;7~ c<k~ - -T-Re- SUE-» tul-41 690 5. ¥ r - b¥, Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, .ph-irzet r.~ Sc_cw-c-n (name, please print) being or representing an Applicarft to the City of Aspen, Colorado, hereby personally certi fy 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: J Publication of notice: By the publication in the legal notice section of an official paper or a paper o f 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. Sighature 6/ The foregoing"Affidavit ofNotice" was acknowledged before me this 4 day of M9 , 2007-' by A-1141 44 Lre·« WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 2-l t5 1 20 th#A fect "fod{*3~- Nothry Public ATTACHMENTS: KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO COPY OF THE PUBLICATION NOTARY ID #19964002767 i My Commission Expires February 15,2020 1 I 0.....f; .. 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 ofa 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 five-year vested property right. The vested property right shall expire on the day after the fifth anniversary of the effective date of the original Development Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen Club Lodge Properties LLC. 1101 3 oth Street, NW, Suite 150, Washington, DC 20007, (202) 625-7890. Property Owner's Name, Mailing Address and telephone number PARCEL I. Woodstone Inn Condominiums. according to the Condominium Map thereof filed March 11, 1983 in Plat Book 14 at Page 45 through 49, inclusive at Reception -No. 248609 and as further defined and described in the Condominium Declaration for Woodstone Inn Condominiums recorded March 11,1983 in Book 441 at Page 814 at Reception No. 248608; PARCEL 11, a non-exclusive easement and right-of-way for the purpose of ingress and egress over and across that certain parcel described in Long Form easement Agreement unrecorded, notice of which is given bv Short Form Easement Agreement recorded April 25.1977 in Book 327 at Page 777: and PARCEL III. Encroachment License Agreements for the purposes stated therein recorded September 3, 1976 in Book 316 at Page 232. April 30, 1982 in Book 425 at Page 907. in Book 425 at Page 913, in Book 425 at Page 919, and recorded November 13.1985 in Book 498 at Page 909. County of Pitkin. State of Colorado. 709 E Durant Ave. Parcel ID 273718280001 Legal Description and Street Address of Subject Property The applicant has received approval to redevelop the property with a mixed-use lodge containing 117 lodge bedrooms in 104 lodge units. 3.480 sq ft of commercial net leasable space, 2 affordable housing units, and a sub-grade parking garage with 54 space. Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Approval of an Insubstantial PD Amendment, March 30,2017, recorded at Reception #637591 CitY of Aspen Planning and Zoning Commission Approval. Approval of PD - Detailed Review and Final Commercial Design Review. August 18.2015. Resolution 17, Series of 2015. Administrative Approval. Approval of PD Amendment. July 7, 2015, recorded at Reception #621405. City of Aspen City Council Approval, Approval of PD - Project Review. Conditional Use Review. Special Review. Subdivision Review. Conceptual Commercial Design Review, Timeshare Review. and Lodge, Commercial. and Affordable Housing Growth Management Reviews. February 9. 2015, Ordinance 39, Series of 2015 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Page lof 2 .. August 27,2015 Effective Date of Development Order (Same as date of publication of Planned Development Approval, Detailed Review.) August 27.2018 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 20th day of April, 2017, by the City of Aspen Community Development Director. r 1 ~ssica Ga~, c ommunity Development Director Page 2 0 f 2 .. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of a site-specific approval, and the existence of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24. Article 68, Colorado Revised Statutes, pertaining to the following described property: Parcel ID 2737-182- 80-001 legally described as: PARCEL I, Woodstone Inn Condominiums, according to the Condominium Map thereof filed March 11,1983 in Plat Book 14 at Page 45 through 49. inclusive at Reception No. 248609 and as further defined and described in the Condominium Declaration for Woodstone Inn Condominiums recorded March 11,1983 in Book 441 at Page 814 at Reception No. 248608; PARCEL II, a non-exclusive easement and right-of-way for the purpose of ingress and egress over and across that certain parcel described in Long Form easement Agreement unrecorded, notice ofwhich is given by Short Form Easement Agreement recorded April 25, 1 977 in Book 327 at Page 777; and PARCEL III, Encroachment License Agreements for the purposes stated therein recorded September 3. 1976 in Book 316 at Page 232, April 30, 1982 in Book 425 at Page 907, in Book 425 at Page 913, in Book 425 at Page 919, and recorded November 13, 1985 in Book 498 at Page 909, County of Pitkin, State of Colorado; commonly known as: The Sky Hotel, 550 S. Spring Street. The Administrative Approval for an Insubstantial Amendment to a Planned Development allows for the reconfiguration of a three bedroom fractional unit to a two bedroom fractional unit. The change is depicted in the land use application on file with the City of Aspen. The Notice of Approval was issued by the Community Development Director on March 30 2017, Reception # 637591 (4/14/17). For further information contact Ben Anderson at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, Colorado, ben.anderson@cityofaspen.com, (970) 429-2765. City of Aspen Published in The Aspen Times on May 11, 2017. .. NOTICE OF APPROVAL FOR AN INSUBSTANTIAL AMENDMENT TO THE SKY HOTEL SUBDIVISION/ PLANNED DEVELOPMENT, COMMONLY KNOWN AS 550 SOUTH SPRING STREET, ALLOWING FOR THE RECONFIGURATION OF FRACTIONAL UNIT 4F FROM A THREE BEDROOM UNIT TO A TWO BEDROOM UNIT. Parcel ID No. 2737-182-80-001 APPLICANT: Aspen Club Lodge Properties. LLC REPRESENTATIVE: Scott McHale, Rowland+Broughton Architecture SUBJECT & SITE OF AMENDMENT: An Insubstantial Planned Development Amendment for the Sky Hotel Subdivision / Planned Development. Section 26.445.110[A] of the Land Use Code allows authorization of Insubstantial Amendments by the Community Development Director. SUMMARY: The applicant is proposing a reconfiguration of one ofthe fractional units on the fourth floor of the development. As approved, this unit is designed as a three (3) bedroom unit. The proposed change keeps the footprint of the unit the same, but reduces the number of bedrooms in the unit to two. The proposed change does not alter the net-livable floor area as approved, nor does it change the number of lodge units approved. The total number of lodge and fractional bedrooms is reduced from 117 to 116. The overall density of the lodge units is not reduced as the unit was not configured as a lock-off unit. STAFF EVALUATION: Because Planned Developments are based on detailed, site-specific approvals, change to the plan requires an amendment. In this case. the nature of the change is appropriate for review as an Insubstantial Amendment. Stafffinds that this internal reconfiguration of floor area meets the five criteria specified in Section 26.445.110[A]. Exhibit A details these criteria and staff findings. DECISION: The Community Development Director APPROVES the requested Insubstantial PD Amendment to the Sky Hotel Subdivision/PD allowing for the reconfiguration of fractional unit 4F from a three-bedroom unit to a two-bedroom unit. APPROVED BY: Mul h/F} 3 6 701 -9 J#sica Garrot ~ Date Lgommunity Detelopment Director Exhibit A - Review criteria. not recorded Exhibit B -Floor Plan of proposed reconfiguration, recorded Exhibit C - Application, not recorded 11111111111111111111111111111111111111111111111111111111111111111111111111 RECEPTION#: 637591, R: $18.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 2, 04/14/2017 at 04:11:59 PM Janice K. Vos Caudill, Pitkin County, CO .. Exhibit A - Sky Hotel Subdivision / PD - Insubstantial Amendment Staff Review Criteria - Insubstantial Planned Development Amendment 26.445.110[Al Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character of the development. Staff comment: The change proposed by the reconfiguration of a single unit in reducing the number of bedrooms from three to two does not change use or character of the development. The room remains a fractional lodge room of the same square footage as approved. Staff finds this 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: The reduction of one bedroom in large lodge project does not alter the conditions or representations of the approval. There is no change of use or floor area. The change is consistent with the approval and is insubstantial in nature. Staff finds this 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 proposal does not change floor area or calculation of net livable area. Further, the change does not have impact to the total number of lodging units. Consequently, there are no impacts to growth management criteria or approvals, nor to the average unit size 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: Staff finds this to be an insubstantial change. Staff finds this criterion to be met. 5. An applicant may not apply for Detailed Review if an amendment is pending. Staff Comment: Not applicable. Applicant is aware of this limitation. Exhibit B - Proposed Two Bedroom Unit 0 0 03 0 * © 0 't> EXHIBIT 8 r. V 111-7· h PAGE 1 7/ 1 de.. 1€-10" 27.I .. 10-7- 18·-61/2. -r . 57 0 ~ <" .7 4 rowland+broughton I Ill#*fure//./.4./.letdal,n EN*r 23• C ng*Ins.•e $8)ob-es ••.200 ...1 -8,611 d~r.vu.-80202 970 *006 0 303.30813730 1 970,3443473 1 .1 . t I 1~ 1 ~ PROP..LINE A24.2 LU | 1 1 1 1- 1 | - *TERTIGHT ODOR ./ -1 r Wal rK-31 .#D..ATED _ 1. .2 ~T liAND]Ral TYP -ZON--61 el--=*:L= 1 V / 0121] , 5·.71* T..., 12. 7-81/4", 12-0" i,) , p Co-*rs ...= .2 GT3r- SET.I<L'NE 1-4- TYPIL, - e -431 4 1 · STD 9 1 -3- -- -# -- -... = 55 1 1 -r=r-ti-imeit ------6 ' 0~*i' le --- t 11, 1.1 e ~14 L FRAI,IINGFolACOUTIC 1-Je =E, - ,=2, : Di.16.~16 CONSTRt©TION~CUMENTS, ' 1 1 223 CD-A 11 hi 1 08102016 CONSTRU<mONDOCUMENTsl LOCKOFF 4| LODGE' LODGE. FRACT 61144 I ' 4---08--r PANEL i 2-f ri¥-- i [L:Ellill LACCESS 1 I. 6 I.' - g R . - 3.1...2.01 8 ID/202 FOR 1 RES**1 -6- M 8 27 - E=:~ Ill, 1 lie r mill DIMENSIONS & ANIS·€S e. , Ili I= 7)-C ... - 11 72 .CCOE PRACT. . ~ CD . i A. 3 < n-- 10+14 m *01, -1 U E , Y h-2- 1 CM./ 1 1 1 1,1.-6=='-h..13 I. 1 1 1*W=!i --__ae-/£23 \- d -12--- h==Aii,wr..1 - IFU 1-1[-01 Ip 111'L-lt=--1-Ul®Ir- 1- U -=&- ; 5-9yf. / t......~. ,.T./AF , E-Ki-0 -W T M &iATEDIRE9 M CORRIDOR EL A 91 11. 0 .-/ <DV SOFFIT ASSEBIBLY AT Lilli 41·eLli ITC»*3ESPACE 1 1 -89 =pul. -1,2MEPC~SE 1 1 I E M--1'Pri WEFii:i-AIE-331 --r-lcui 1 4/, ~ 163.1 i. 9*1°. 1 ' O 5 1.- 1#10~ il®!3 r-·rl -7136 4 [Mjl '40, Co~,A + 0 -42 1 7 1. CHASE _ - 9,-,1 1/ ET nfl - Iv I » 411 , KII L// Gil t=r 1 ~ 1 CD Eil 1- I=.IMEP I %1- -- 1-1 1 1-21 vvi L |[ifi 1 \22.295/ SKY HOTEL 0 [12 4 : 12[Em'Ill c.-~21fj -- El Lfil-- -- '21~[=4..lof - 1 (WASPEN) 0 ~ A Pj |- LODGE; | LOCChE' 1_ FRACT ERACT. i~ 7¢5, R | - w 550 SOUTHSPRINGST. =1 - f rE SEEIDF101 ~IOF 202F~ 1 lili 7.1 iE - - 1 1 LODGEE~CT.......O y SEEID32.01&IDO3202FOR ~ME•GKWS & 9*EE. LO~~RACmNIN~ 0 !.4.0.p - LODGE' - I 91-*I DIMEN=SHES. ~ FRICT iT | Iwnit 91 4, E ; , 5 3 N. 1-1 ~ A '34.GAP 7101 710, 1 Fil ..ou.--/ _ Ir~. - ...: 9% CHASEPROM . 09 F BELOW - Ad - - J= i n . CD 1 6Ii :" '. 1 :I 1 J 1 11 1 SNO-= O b ., 1 P~ANTERBOx 4 PLANTERB 1 1 C .1 D * NTER aox 1 ~ONCRETE [ ECK b J AMLET- 0 ~ O ! PROJECT No 21406. INNe ' -W , 8.1, ; M , 7. ; *.· . ™1,4. 0 1 1 SHEET TITLE LEVEL 4 ENLARGED FLOOR PLAN - C I. 47/ 29-1 12. 2- F 1. SCALE 3/16*= 1'-0~ f f . 1 4 0 0 80 0 0 0 0 0 9-0 it> - TRUE A2.4.3 NORTH NORT~ LODGE FRACTIONAL UNIT 4 / F: C 1 1 LEVEL 4 ENLARGED FLOOR PLAN. C aire £ PREVIOUS 3 BDRM UNITAS / /2.4,3/ SCALE - - 1, PROPOSED / REVISED TO 2 BDRM UNIT r... ..<01.1 I I. "ll' 0 ' ..2 /4 ./ Illr-- , e..© 11,Al,3. .. Janice K. Vos Caudill i~*TI€IN Transaction Receipt Pitkin County Clerk and Recorder 4 Print I)ate: 04/14/2017 04:12:01 PM ~OUNT< 534 East Hyman Avenue fransaction #436361 Aspen. CO 81611 --- (:7-v- -«.0 -- Transaction Type: Recording (970)429-2716 Receipt #2017002026 Cashier: Patty Nadon Cashier Date: 04/14/2017 04:11:59 PM Number o f Documents Recorded: 1 Reception#637591 - APPROVAL - 2pg(s) Recording Surcharge: $3.00 Recording Fee: $15.00 $18.00 Total Fees $18.00 Payment Received: Check #1171 $18.00 Change $0.00 Presented by: SARPA DEVELOPMENT LLC 71 MEADOWS RD ASPEN, CO 81611 .. THE CITY OF ASPEN Land Use Application Determination of Completeness Date: February 21,2017 Dear City of Aspen Land Use Review Applicant. We have received your land use application for 550 Spring St. (Sky Hotel). PD Amendment and have reviewed it for completeness. <Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf ofthe entire application. 2) Review deposit of $1,300.00 3) One additional hard copy ofthe application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 it you have any questions. Thank You. )(,61*Al.\«.b~ jennifer Phelan, Deputy Planning Director City of Aspen. Community Development Department For Office Use Only Qualifying Applications: Mineral Rights Notice Required New PD Yes - No-7« Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No_ ~7<· Commercial E.P.F. 1.odging 1 .. aspen 234 e hopkins ave, aspen co 81611 + t 9/0 544 9006 denver 1830 blake st :tc 200, denver co 80202 - 2 303 308 1 373 .isit www.rowlandbroughton.com rowland+broughton orckitecture / urban design /interior design RECEIVED LETTER FEB 1 7 2017 Project: SKY/W Aspen 550 Spring St (previously 790 E Durant Ave) CITY OF ASPEN Subject: Insubstantial PD Amendment COA.Nry DEfL OMENT Date: 15 Feb 2017 This memo is written on behalf of the Sky Hotel Subdivision / PD for minor changes resulting in an Insubstantial PD Amendment. Description of change: The changes include reconfiguration of interior spaces discovered during the building permit and construction document creation that result in a decrease in bedrooms in one fractional lodge unit 4/F from a (3) bedroom unit to a (2) bedroom unit. In response to 26.445.110(A) A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character of the development. This request does NOT change the character of the development. -R+B 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. This request is consistent with the conditions and representations in the project's original approval, and thus represents an insubstantial change. -R+B 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. This request does not require granting a variation from the project's allowed uses and does not request an increase in the allowed height or floor area. No change. -R+B 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. The proposed changes to the approved dimensional requirements are limited to a technical nature and respond to a design parameter that could not have been foreseen during the Project Review approval. They are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. The changes include reconfiguration of interior spaces discovered during the building permit and construction document creation that result in a decrease in bedrooms in one fractional lodge unit 4/F from a (3) bedroom unit to a (2) bedroom unit. - R+B 5. An applicant may not apply for Detailed Review if an amendment is pending. This is understood. -R+B Page 1 of 2 .. rowland+broughton a'chitectwe i urban design / interior design Exhibits included: 1. Pre-App Conference Summary document, 2 pgs. 2. HOA Compliance form, 1 pg. 3. Letter of Authorization, 1 pg. 4. Agreement to Pay Application Fees, 1 pg. 5. Street Address/l nfo/Ownership Letter from Attorney, 1 pg. 6. Attachment 2 form - Land Use Application, 1 pg. 7. Attachment 3 form - Dimensional Requirements Form, 1 pg. 8. Existing and proposed plans for graphic representation, 2 pgs. 9. Plat documents copy, 2 pgs. 10. Final PD Approved documents copy, 35 pgs. 11. Development Agreement, 43 pgs. Regards, Scott McHale Rowland + Broughton Architecture Page 2 of 2 .. EXHIBIT 1 PLANNER: Jessica Garrow, 429-2780 DATE: October 10, 2016 PROJECT: 709 E Durant Ave, Sky Hotel REPRESENTATIVE: Sunny Vann, Scott McHale, John Sarpa DESCRIPTION: The Applicant is interested in making minor changes to the Sky Hotel Planned Development. No changes to the use mix or dimensions are proposed. The changes would include reconfiguration of interior spaces discovered during the building permit and construction document creation. The applicant proposed a decrease in bedrooms in one (1) fractional lodge unit - going from a three (3) bedroom to a two (2) bedroom unit. The proposed changes are minor in nature and qualify for an Insubstantial PD Amendment. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www .aspen pitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20Iand %20u se%20app%20form.pdf Land Use Code: http://www.aspenpitki n.com/Departments/Commu n ity-Development/Plan nina-and-Zon inq/Title-26- Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.110(A) Planned Development Amendments, Insubstantial Amendment Review by: Staff for complete application Staff for review and approval RECEIVED Public Hearing: No CITY OF ASPEN FEB 1 7 2017 Planning Fees: Planning Deposit - $1,300 Referral Fees: None COUMNTy DEVELOPAENT Total Deposit: $1,300 (for 4 hours, additional planning hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: £ Completed Land Use Application and signed fee agreement. Il Pre-application Conference Summary (this document). £ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. 1 Il Previous approvals - Final PD and Subdivision Agreement anTPIat. Il An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen. O 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. 1 Complete Copy of the above items. If the copy is deemed complete by staff, the following items will then need to be submitted: 0 2 Copies of the complete application packet and, if applicable, associated drawings. Number of copies correlates to referral agencies and review boards. O Total deposit for review of the application. O 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. 2 .. COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Property Owner ("1"): Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) E This property is not subject to a homeowners association or other form of private covenant E This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: Owner printed name: or, Attorney signature: date: Attorney printed name: EXHIBIT 2 COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All [and use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the propertv owner. Property Narrle: A,fer-' divS Lo PAC- ~ 4°fe--r)€-1 , Lt, 6.- Owner ("1"): Email: Phone No.: 2.01 - 415-- 701o Address of 709 9. P•#41 AVE , AspoR , CO <6 (GIC Property: (subject of *w) 550 '30,·nA 4/0.1 /4. 4-n,wr. application) I certify as follows: (pick one) N~ This property is not subject to a homeowners association or other form of private covenant. U This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. U This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: CE-2-(.<..'-:.- 12.16.2016 date: RECEIVED Owner printed name: FEB 1 7 2017 or, CITY OF ASPEN COMMUNRY DEVELOPMENT Attorney signature: date: Attorney printed name: .. EXHIBIT 3 LETTER OF AUTHORIZATION December 16, 2016 Ms. Jessica Garrow Community Development Department 130 South Galena St Aspen, CO, 81611 Re: Permission to Represent Dear Ms. Garrow, Please consider this letter authorization for Scott McHale of Rowland + Broughton Architecture, to represent us in the processing our application for the Planned Development Amendment of the Sky Hotel/W Aspen Hotel project. Mr. McHale is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of further assistance, please do not hesitate to call. Yours truly, Aspen Club Lodge Properties, LLC, a Delaware limited liability company \ \ David W. Jackson, President Page 1 of 1 EXHIBIT 4 1,r · 'C/'Anh 3-Qi/·i... N. ; iL ' I : 1 +Alil.,"FWh' FEB 1 7 2017 Agreement to Pay Application Fees CITY OF ASPEN An agreement between the City of Aspen ("City") and COMMUMTY DEVELOPMENT Property her' Cul Gow ~0•/033 (lic Phone No.: @02) 429 - 7690 Owner (f,1„)14 Email: (5¥X *1,1449UW,Jlh 3-€>416Arfa· e ioAHsar'Q .r•01 Address of L riot E. Duu,X 44) 1 Billing AipEN O-UR l.=ct« PR'/44€6,\AL property: 550 5.#1* 3/,1 44 91-*4*T- Address: , + /40*1'•1 R484€ 0.'r*u,U,C (Subject of kipot LF % C G \4 (send bills here) 1 I el 3- 5,¢10•T j N.4 € VIlE 190 applkation) ' LvAS&1141.p ft<- 2-007 I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees- I agree to pay the following fees for the services indicated I understand that these flat fees are non-refundable $. flat fee for . $ flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. l understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. l agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 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. $ 130 0 -- deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour, City of Aspen: Propeey-Ownerq ' Jessica Garrow, AICP Community Development Director FAM,OWSI*50•1 1 PASIDO'* Name. 4?f64 64 DiA€ PR.9,4 ,lic City Use: Title: Fees Due: $ Received $ fAiblf)erl , RETAIN FOR FERMANENT COOZ EXHIBIT 5 0 2 2 LAW OFFICES GIDEON I. KAUFMAN* OF TELEPHONE HAL S. DISHLER " (970) 925-8166 PATRICK D. MCALLISTER KAUFMAN, DISHLER & MCALLISTER, P.C. FACSIMILE (970) 925-1090 • ALSO ADMITTED IN MARYLAND 315 EAST HYMAN AVENUE " ALSO ADMITTED IN TEXAS SUITE 305 ASPEN, COLORADO 81611 RECEIVED FEB 1 7 2017 February 8, 2017 CITY OF ASPEN COMMINTY DEVELOPMENT City of Aspen Community Development Department 130 South Galena, 3rd Floor Aspen, Colorado 81611 RE: Ownership ofthe Sky Hotel Property by Aspen Club Lodge Properties, LLC To Whom It May Concern: I am an attorney who represented the Sky Hotel during its Land Use Approval process. This letter shall verify that the Property which is the subject of the building permit for the Sky Hotel is owned by the Aspen Club Lodge Properties, LLC, a Delaware limited liability company. There is currently one lender who has a lien against the Property, which is Redwood Commercial Mortgage Corporation. David W. Jackson is the Authorized Representative of Aspen Club Properties, LLC and authorized to sign on its behalf for any development application. Feel free to contact us with any questions. Sincerely, Kaufman, Dishler & ME*llister, P.C. A Profess~91*pAGation By: ~ Gfdeoo'Khufman EXHIBIT 6 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Name: 904 Ally» / Cd ki,PRJ ~SFY ATQ 536-'6.~A~P.$* RkA<Mcil) Location: 2431 - Ce.- 00 -004 -10% E . b,(ZAw[ AvE / 550 5.(TA·*<-SD Parcel ID # (REQUIRED) ..0 APPLICANT: Name: Aele# Cuve L.,4- p.r•pm 1 LlC Address: 21 01 E. D.44- P.-3 90 A/0 4?fy~ bxF-- C¥/7)8,Llt,Ilol gal' 571 ww 1 5 u\.re LED 1 (tz·.2.3 G-1,5 - 7 910 Phone #: REPRESENTIVATIVE: Name: 6 ce hu*€ F,w{48 + 4-f 4 44)914,8 . Address: 131 8 . l-W v'~6 W h <44 , L° 6 l, 4 Phone#: 110. 544/ 9 00 e O GMQS Exemption E-7 Conceptual PUD CE] Temporary Use EJ GMQS Allotment '~:*~ Final PUD(&-PUD-Amendment) Special Review subdivisionMqgift/IlkLD Conceptual SPA ED ESA-8040 Greenline, Stream Fl Subdivision Exemption (includes 2 Margin, Hallam Lake Bluff, Condominiumization) £ Mountain View Plane 2 Final SPA (&SPA 2 Commercial Design Review 1 Lot Split Amendment) ED Residential Design Variance CE] Lot Line Adjustment El Small Lodge Conversion/ Expansion [I] Conditional Use Other: EXISTING CONDITIONS: (description of existing buildings, uses previous approvals, etc.) F#MYMWA, VN IT- 4 LF \9 k 3»(44 \4/ rr. PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Revge Aff#oveb fDM,OW,rb, *Hrr-</F r,·n 1, Ba>em# ¥ 2-¥,al1000. vprn Retowfw,Jm'w o F 1 w'0,40,2- 5<Irl€- Na 6*1*tike 114 Fu"- AAE)1- · Have you attached the following? FEES DUE: $ [300 - E Pre-Application Conference Summary &% Attachment #1, Signed Fee Agreement Q Response to Attachment #3, Dimensional Requirements Form 8 Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards 2 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 EXHIBIT 7 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: qn 41,1- Suml3494 f Pb . Applicant: Ase 446 (/0,49 1°Bjflej 1114 Location: 950 904TH ef "c 9*or· (ff.Adsly 1411 gaf tu¢-"lr) Zone District: Li Lob AE Lot Size: 41./645 4, CR,9 5 Lot Area: €0- 4fi~lemorj (For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) SF AfQwA'pw d Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): 6~A DIMENSIONS: Floor Area: txisting: Allowable: Proposed Principal bldg. height: Existing: Allowable: Proposed Access. Bldg. height: Existing: Allowable'. Proposed On-Site parking: Existing: Required: Proposed % Site coverage: Existing: Required: Proposed % Open Space: Existing: Required. Proposed Front Setback: Existing: Required Proposed Rear Setback: Existing: Required: Proposed Combined F/F: Existing: Required Proposed Side Setback: Existing: RequiredI Proposed Side Setback: Existing: Required Proposed Combined Sides: Existing: Required Proposed Distance between Bldgs, Existing: Required: Proposed Existing: Required: Proposed: Existing non-conformities or encroachments: Variations requested: (SWA; 4? hfu9,4 fet. PInews„•4. March, 2016 Citv of Aoen I 130 S. Galena St. I (9701 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET 1.. 4 TILL Crn· 01, AsitiA Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.citvofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Depanment so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Use Regulations. March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 EXHIBIT 7 rE (DE) 4 000 8- ~ PAGE 2 4 6 iii··r 2 le ..7 =-41,r 1 , ¢ rowland+broughton 8„r -#.-*./---I 1 M - h00*» - 1830 h~,. - 200 ==11 - 008= 30]-B1~30 301,011175· L ~42 -11"0"04,0- 0/1 F k« 9 -,,-- TR/217 ' 11 -2-1 1 -IW«~M. TYP. .1.- 1,il PQOPEITYUNE ¢SOLATEDRO- £ p' '' /\£21 ' U_.02=U:=P U~2=m=Z~ O - I .182€ L WE *-14 11 + 1 , 120-, I -'~.~~~~ '~ ~TED 1 CPT /, I I U J C 4, SE'rnACK LINE 9 - - -9 1 , [*q lf. 11,1 . .= c rwil [*fiflr & -1--4- '' ElE¥ 1 l Bl I T -= CON'RETE *= G 1 F.5 . ===11,==11 1 9.1 11.„r-il *,!am= L. 1 1 , 1 11 1 - ~---1 H- -t- [W./ : 131.. t E A. 2 - 1,1 / . A -• IWI F -i. ~ LA-.0, - ~14* I - Lge ® 6 AU [*1 1 "' LI 0 -1 U + - STD 18 4-P- 1 1 1 --- 'NACT F-' . 1.20,0 i 1. (E LOOQ~ LfU~/ - 0 Ek> ' , 1 - 8'1 |t - | | Will IL-4 1 i 11 <.® 1 & w. 1 : LC==7---7 % FE ' 7 W I li 422] B 2-_ I 1 11 t H lili A 1 1 1 1 1= RECEIVED 1[- M a,-740- ---/ RE,KI f ~ 'I * J : -pr r i .4\ .11 , 0 4 ' - ,/ -a·-1 Ill 1 i --r=23 U fr/t'1 - TUn n 4~.~~ ~4 -gat 101 1/211E1[-3fz=I 3 FEB 17 2017 : N q lEi] CO-DOR 020 I_..BE.., - Ei CITY OF ASPEN« . 1./1 1*ii' c. J 4~ ACCESS CO- G#~ mao„sT~,9 'ZiS4 FeSErn'IPI 3 Ne ~ . 9 -- I. r . i 2-=ky' 13/ 1 0 9.91 2 L oi. -[+L--9 1621=_ E ' |FC|| 10 1/EF i \2%.€97 1- 0 Mi t 1 MEN ~_ZL_ E-€]1 8 c H' f=011 2~ 1 -- Lmel , j mU (J=8 - . 0 SKY HOTEL * 14 -TED' 1-1 1 IiI lIU 11 52-] ~ 4,1 -0 1 LOOGEl,W. 70@E DURANTAVE : 4 D Il r- 4 ASPEN. CO 81611 ./1 E LODGE' ~ ~ 1 1 11 : 3 % 7.1--ti -3 LODGE¥RACT .CDOEF-£1 ler - , 7 FRACT BELOW E- 6 A I . + 1 Im ..O B (D . 11 - 8 - - K 11 GED 1 1] 1 ,---1 i 1 -1, ~~I STD STO "2 / SNOW~ELTED ./ 1 1,1 L 1,1 M.350* k-~ CONCFETE Dea( 1 1 1 21«*80 *nECT No f C.1 D n 1 -1 1 1 SNOW.ETED INI 03.. lilli 1 11 1 4 0 Ill 7 S"/ET Tm E: 4 + LEVEL 4 ENLARGED FLOOR PLAN - C -7~ 474;. =4~r . SCALE 3/16• = 1'-0 09 CD 03 + 0 0 0 0 4 -O 2 1 A2.4.3 i LODGE FRACTIONAL UNIT 4 / F: < 1 1 LEVELI EMARGED FLOOR PLAN - C 0101 6-==== 1 PREVIOUS 3 BDRM UNIT AS \Mly i APPROVED PER PD APPROVALS ••••f~'~I''T 11 0 0 GID '7 ® 0 0 4~ „U ® [ EXHIBIT 7 '11.r : PAGE 1 2 r. ' 2,41. I. 2. - ... rowland+broughton = 1 Ir J~ 11 234.h- 1=*Q- ==11 - -80202 ~033081373/ 970.6*134731 303 300.'376 1 121 9 6 U ..42 j I -Ii--dk _~_____--____-_______________- -t~if A ----"----=--UpliA- - - -- 1--2-------------------- =+ i-+ -.E 1 WAIR™HT,{*im'-4 SOU. LATED I = 1 •00•1 1**11 , 5-7,4. 1/ 7.81,4- 12-0 VA ti , ..4. , -E *F#t 0,23,.1-Tag'. 1-~~ SET-KLINE 3 **8-t 1 1 <1) L J 6 : 0 1.- . 1 ...T. ~ 1 *,il 1 [al 8 1- - -=-14·1 1 + i ao CONC + ----7- ------JW=* .1 Fl® 'Lf'=C-f- -®- 171*Ea-Ee k 1 / 1 6: 121 L ---721-m--7-T-= - Ir r Fh\ , [*ir - - 1-* # r -t,=G~ 8 7.. b 1 -or ' 1-4 /*rETI F P 1 STD 11@ 1 -1 4 .8™00. 1 L~ wil 'Sa,TION LOOG. FRAIT .,52010 CONS™UC™Nooc,ENTS £14 11-' 1 ~ Ir. 1 71® 4 1 - &2 1 1 , *!]Lill I 1\ 11 .41 .- - ~ -le .~ ! 01 141/-7-'- . - /112 i I -1.- u-t · 4-4 -rr LOC* OFF f LODGE \I/Ink-I#4#H»f* .. .1 -Es. 7 u. .(H) ~ SEEK)/20~&101(2.FOR 1 a> '1I T r- 1 1 EF~9 '4. I -=Ey , i LODGEIFRACT 0..... ®r 4-- 4-7 \,1 n A m -11 1 ./. U DIMENSIONS.~FINISHES 1 LODGE~ .-I I 1 4(F) u.r c.x~ lult_1<*fll b]Y.ui~C.b 1% 11~-6~- ~-13 Im I r'% F®UiE;=1~21 VMPT-~ , 9-!11 1 82---1- 1 1- MAr- 1 -: .!EFEREE-z==*:rr2=1-4.------------=- i.i.i 0il ~ ~ <38>V .m.---./.*.. i Imil 1 . 1:1 : 94)11,-RAESTAIR ~*i~ M Y [Rj] 0•RW 9 L-12 190* 1 ./.ERSY'.PEReC M ! ~ /4%34\ WI FyI~-~---i--EIFI113"""'ilm 413 .-dEIEbud--1'-"1 f J (6* VA 1 10,173 1*£31 3 9 - - F."CY --' 1 em 15= 1-/11.0 1 1 ELL]L r t 1*1 ==:-4~9>2' *7. 1111 F I < 0 9112,4/0 / vv .V , C~ASE ~ \%>-//9/ k. 1 4 1 IN-r \460«1/ 7 1- : [3[~111.JIi ~ 22 1 6==. n -1 1 [j Ni~ -1_ tr~c~~© Flmi ~ ® SKY HOTEL - (WASPEN) : P-- 2.4 5 y -1 1 E n6 - =. 101 = LODOe SEEIDG201*!00202FOR =1 SEE.,F 2-%202 FOR = L-1-1 1 a 1 I lEi =t lk= 1 ?m I 4 ,~2 t. / LODOEIFRACT 4 (F) MAN INFO i '-==INFO, lillilli~111/1~1/Ii 1-1 ~1~ E- 1 1 55'SOU™SPRINGS-- ASPEN. CO 81611 ' k Ic.IONS. 8 INIHES 2 || 1-191 1 S 1 E 3 ·rt qi - 7-=GAP * 7 (G) Ill•-0// S 721 = =r g .1 1.1.t.,10. - ,-, 3 FRACT 11.0 7. ; Fg] FP ; r-3. FP 1 1 = I n _ = %- 4, E 111*t n 4 -· 1-9 - 1 12--#- 4 i wr .rl li 1 +7-n-T- 6 .6-0 El lili 1.11 1 0 ' iur f r- 1·... I 1 =my] 1, 1-- 1 * 1 M.'1== | 11-W PRofc-.C 4 ® Id ® 11 i,il••••••••• •u~IN, ~i i,~F•,i ~i~Ti ,i, i,i .i ,~1 hi,i, i,i .,i .W.,i i,i iA4¥~. ... i,~ 2 ..7 ur .. tjr· 4-1, r'. , '41.U. 7.1. 4 s./Er TinE <flb LEVEL 4 ENLARGED FLOOR PLAN - C 47. . 1 1 . . SCALE· 3/1/ = 1/ 1 '1 .1 2 O 0 13 W 6 0 0 8 4 - 6 9 -- A2.4.3 i LODGE FRACTIONAL UNIT 4 / F: 1 ~\~ LEVEL 4 EMARGED FLOOR PLAN -C ~ E gt~I------q- I PREVIOUS 3 BDRM UNIT AS eN 8(1~LE ./•'. . . 1 PROPOSED / REVISED TO 2 BDRM UNIT 4 UNDENST FFE Wkl -FINALPLATOF: EXHIBIT 8 SKY HOTEL SUBDIVISION/PD FINAL PLAT 2 PAGES ~ A PARCEL OF LAND SITUATED IN THE*Wh OFTECTION-18 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO . - 2. , .-S; SHEET 1 OF 2 1 . . vICINITY MAP, CONTROLLING MONUMENTATION, PROPERTY DESCRIPTiON, EXISTING EASEMENTS AND ENCUMBRANCES, NOTES AND CERTIFICATES - 4''il-/ A.pll & - CEKT,Fl[Ali OF OWIE,151,~ AND DEDICATION KNOW Al MEN . THESE PRESE'/ ™AT ™E UNDE,ts.NED, .ING THE REPRESENTATIVE OF ™E OWNE,13 OF ™E FOLLOWING DESCRIBED REAL PROPERT¥ SfrUATED IN THE Crr¥ OF ASPOI, PITION COUN.. COLO~ TO W. i..' -Ill..... REFERENCED IN SUR'I NOTE 5 HEREONI PUCE, 21///9/ 2- f WoooSTONE./CON'OMINIUMS, ACCORDING TO THE CONDOMINIUM ...HEREOF ./. 4011*\ '1·,®Ut*~t¢K~ t·. A' MARCH 11, 19,U IN PLAT BOOK 14 AT PAGE . UIGH 49 INCLUSIVE. AT RECEPDON NO 241609 AND AS fURTHER ..Fil.0 AND DESCRIBED IN ™E CONOOMINIUM DECLARAT,0,1 FOR 0-\-1-- / /37 = 1-2 · 1.y r*9 1 1 -1.-1 1- WOODMONE INN CONDOMINI~S RECORDED WCH 11 1913 IN BOOK 441 . P~E ~4 AT RECE,nON NO 2,18601 1 ill arcA, _'W _14*55-- py,r,=3- PARCE" .ell 1 -- th,21. L / T u,®.1 * A NON-€*lUSIVE EASE'ENT AND RIGHT·OF·WA¥ FOR THE PURPOSE OF INGRESS AND EGRE55 O,~~ AN'OSS THAT aRTIN PARCEL DES.,BED 1,1 ~ONG FORM EASEMENT AGR[EMENT UNRECORDED, N.1/t OF W~1"CH I GNE' '¥ 5,!ORT FOU, USEMENT AGREEMENT RECOM[*I k, APRIL 25, 1977 IN Bool( 327 AT PAGE 777 PANCELI ENCROACHMENIT LICE'/ AGIUEMENTS K»[ THE PURPOSES SI ATED THEREIN RECOMDED U i ' .• ·9' rl . /4.1. 'r. sEPTEMBER 1 197* . BOOK 316 AT PAGE 232. APIL 30, 19 / IN ./.425 AT PAGE 907, IN BOOK 425 AT PAGE 913, IN BOOK 425 AT PAGE 919, AND RECORDED NOVEMBER 13 1985 IN BOOK ---fY€NUE 498 AT P.GE .9 (AUTO. VACATED.™6 PLAT) fo'.0 $*¥ HOTEL SUBDIVIS ~~ ,- z h < DOES HEREBY PLAT THE SUBJECT PROPERn AS LOT 1, Slef HOTEL SUBDIVS.....3 DEPICTED) 1 col~x~,Jus --- --!7'.ru. MILL,"11.1 --- .Em„ *D D~CM-D H.toN, *D 00. H™aY VACATE ALI *'ING ENCR01/MENT U]T CER-CAns AND UCENSE AGREEMEN15. AS SHOWN ON %HEET 1 OF ™IS PLAT. AMD 006 HE~ES¥ DEDICAVE AND ESTABUSH 5URFACE AND &UBSURFACE EASEMENT5 OVUI AND UPON ™E 424.'.„ ....MI --.AT -- =EAS *CM!.. ....ICUD ON SHEET Z OF ™,S ..AS ~DIWNAGEEASEMENT,- -PUBLIC .mil</11 ' == . .13„. SCALE AN PLDESTRUAN •GRE5S/EGRES5 E.~5LMI/- I./. PEDkS'NUAN INGREWEG.I. AND.ICKLE 4 4 i m=wrmET-~, 01.»-.4 SURVEY NOTES W<ASEMF ·ORAINAGE -0 unuT¥ EASEMENI- AND -No-*lusnIE EASEMENT FOR (- , .-11.- INGME55. EGRESS AND EMERGENCY ACCESS.- FOR~ - . DATE OF f IELD WORK MARCH MAY 2014 UPDATED PER CllY ~EQUIREME,rTS,UL¥ 2015 -I .0. AND.- OF E E™ ~TO ¥ TI~J U . DATE OF.....'IJ' MAY· DECEMBER.13 * 11~00 EXECUTED™ls_OATI-AD.2016. Mrn, L 0.. m. ... 3) BAS'OFBEARING AS[ARING OF S 74'14'07 E BETWEENCITY OF MPEN (PSCONTROLIONUME,f,5 GP.S l ANOGPM, Im I OF E -. S. ANDS WESTENDS, ANDE DURANTAVE.~5PECmELY THISBAS,;OFBEARINGISCONNSTEr,r¥,rTH™EMODIFIED;TATE ~spEN aua LfloGE PMOPEMT,ES, U[, A DELAWARE UMITED UAarl¥ COMPANY -Il . ./. K p.. COORDINA. S¥51. ACCOMDINGTO™E.SCONTROLIONUMENTATION MAP .EPARED.... EXT -ro FC»-0. RE- Al t--M - tmlE, . Il ENG,NEERING, DA1ED DECEMBER 11,2009(NEV 201ol ™E DESCRPT,ONS FOR~PROPERnESSHO~,IEREON HAVE BEEN 1-1- 442 4225 'F,GINEE,6 DAYED JANUARY, 2013 UNDE~)01 NO 1533S0DD. ™E CONDOMII,li~ . MAP FOR THE WOODSToNEIN. ROTATED TO . CONSISTENT WITH ™15 &£,S OF BEARING ;OUIID.~~AANE~ .. P== =4™ ear. BRA. psm' MoNuMENT Box.Es AT™E APPRo=un iNTERUcTIC»,sof 5 6,1ENAST Al«) E DuR,~~rav~ $15 - IJ,·C- Limm 1 === ..66= a 4] I.I...... ..OFFICIALMAPOFTHECr,YOFASPEN....... G.E.BUCHANAN, DATED 1959.VARIOUSMAPS STATE OF COLORADO} ~LAI 1-rl„ /. + ~U~Y 8,1964(REC #116906UHEGPSCONTROLMONUMENIAHONM~PKEP~ED.MARCINENG,NEERING,DATED | a.10.1.,~C- to OF UTE ADDITION. THEMAP of THE soln, ANNE....0 THE cir¥ of ASPEN: ™E MAP OF,UPEN AL. RECORDED )55. . E.. DECEMBER 120 2009 (REV 2010),THE ALTA/AC51.4 UND TITLE SURVEY OF WOODSTONE INN PREPARED BY ASPEN SURVE¥ i coul,r¥0Fpm0l ) UTI A.lu CONDOMINIUMS-C 0248609). TMEFI~r-ENDEOPLATOf UTTLI NEUSUBDIV~ONRECORD'DMA¥17,200~(REC THE FOREGOING INSUIUMENT WAS ACKNOWLEDGED aEFORE ME THIS DAN, .97 *EL fizi'A ./ /69/~.=:ift.ff~ I - 7--- CHATEAUOUMONru=ERECO~DED(*CEMBE.19~(REC~ima).™ECONDOMI,NUMMAPOFASPENSQU~E 1510~02).T~CONDOM.MUM...n.DI..™AURECORDEOFERU-¥6,1976(REC#181398):THE MATOF 2016, BY . OF , ../ / / RECORDE'DECE.....1968(REC •133472), THEPLATOPCHATEAUCHAOMON"ODG~RECORDEDDE.M./.01968 As,ENal,11£,OGEPROPE,mES, UC p , Wr™USMYHAMOANDOFFICIALSEAL ¢ /* / f K ER); IHE M~O, GLORY HOU CONDOMINIUMS RECOMOEDOa.EM 31, 1972 (REC.,1-1. THE V.,0,5 I ™IS SURVEY DOES NOT CONSTITUTE A T..SEARCH .¥ SOPRM ENGINEERING. Lilli TO DETERMINE OWNER)/ OR M,COMMIS510]N EX~ES L.«20151 -- \ Mm¥HOqU - 1 / 1 / J / EA~MEN·,SOFRECOMD. FORAUINFORMAnONREGARDINGEASEMENT;,RIGHTSOFWAYAND/ORmliOFRECORD, SE -1. U 'Uls., #~N}.77, RELIEDupON THET,rUCOMMITMENT P~PAREDBYP,lioNCOL,NnmLE, INC.uNDER# PC,23970w1~Ario,u~i .Tl 1,WPIASMCA, 9 20]15. AND ™E ABOVE.ID} PLATS AND MAPS DE.R....0.4 (100"1 FC».*o. . AURECORDING INrORMAION REFERENCED HERE,/15 PER THE PmUNCOUNT, CURK ANDRECOR[*. OFFICE, ull.Ess Il.GUSJO. NOTU¥ PUM UC.13227 ~»-D. aaAR -D ADDRESS T *.1 uy•L*s-,CO, ~~~"~--'·-1 OTHERWISENOTED 1==2~ E-FO~,~,Arl L.1 6Lf ~ 22EEE*ED DEPAA™ENT . COMMERCE, NATON. ISTITUTEOF STANDARDS AMD TECHNOLOGY 71 ™E UNEARUNIT U5ED IN THEPR.ARAT,ON OF™,SPLAT,s™E u.s. 5-vrf FooT As[,EF,NEDS¥ lit UNITEDvATO -12. Pa m TITLE CERTIFICATE CITY ENGINEER'5 REVIEW i TIE UNOER51GNED. A DULY-AU™ORIZED REPRE,ENTATIVE OF M™IN COUNT¥ TrnE COWAN¥. INC. REG15TERED TO 00 ~USINE5S IN MT- COUNTY, COLORADO, 00£5 HEREBY CERn. THAT ™E ™IS F,4,UP,AT OF SKY HOTE~ SUBDIVISION/P[ WAS REVIEWED FOR™E mON OF THE ENGINEERING DEPAR™ENT .1,30,6 USTED AS OWNERS ON TH¢5 MAP 00 HOLD FEE .MPLE Tnu To ™E REAL PROPERTY PLAT NOTES ..lf.QUIREMENTS™15 DAVOF .2016. DES..ED HEREIN. FREE AND aEAR OF ALL LiENS ..0 ENCUM,RANCES EXCEPT THOSE u,rED ON -~~~ ™im/coll,™ENTISSUED..piTION€:ou,fr¥Tin.E.INC..UNCER C..110. PC/23970'#3, . SK,HOTELSUIDIVISION,1./.BEENAPPROVE. PURSUANTTOTHEPROVISIONSCONTINEDIN DATED,UN= .MON,ANCE No. 39 ISE-5 OF 2014]. AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCILGRANTING - %'N~ . PLANNED DEVELOPMENT·PROJECJ REVIEW APPROVAL f OR ™E sir, HOTE15UBOMSION/PLANNED ASPEN CITY COUNCIL APPROVAL Un,OUGH WEBE'EVE ™EFAC..ATED}ON THIS PLATAAE TRUE.™ITIACATE I NOT To. -#.REcoll[*DFEBRUAM¥11.201SATRECEPTIONNO 617367; PURSUA,arn™EPROV,SION•~ CONSUIUED AS AM ./ACT OF TmE, NOM INOMNION o. mu, 110,1 A GUARANTY OF lr,U, AND CON'AINED IN ...LUTION NO. - ISENES OF -2.. RES'LUTION OF THE Cfr¥ 0, ASPEN PLANNING THIS ANAL PU,T . SIO' HOTEL SU=ON/P[ WAS APPROVED . THE CITY OF ASPI al¥ COUNCL' CITY COMMUNITY DEVELOPMENT DIRECTOR REVIEW i I . uNDERsmoo AND AGREED n IAT Pm,1. couNT¥ TmEJ INc. NHn,ER •5suMES NOR wIL BE AND ZONING COMMISSION IRAN™«3 PLANNED DEVELOPMENT·DETAILED REVIEW APPROVAL FOm THE 5. 0/THE DA¥OF _ ,.'-'.0.DIANCE.0 ,-1.-20_,RECORDED c„Al,GED wr™ AN¥ INANc,iu o,uGAnoN OR LiANUTY WHAT5OEVER 0,1 APA, STATEMENT HOTEL 5UBDIVISION/PiANN€D DEVELOPMENT, RECORDED __~ 2015 AT REc pnON NO , 201_ IN ™E OFFICE OF ™EaE/ AND RECORDER OF Pm(IN COUN,1 ™15 FINAL PLAT OF SKY HOTEWON/PO WAS REVIEWED B¥ ™E Cir¥ COMMUNITY DEVELOPMENT DIRECrOR OF THE CONTAINEWEIN -AS FURTHER [*SCRIBED IN THE./ HOTEL SUBDIWISION/P[ DEVELOPME~ AGREEMENT. COLOUDCAS~CEPT,ONNO. CITY OF Ag»EN, COLORADO ™IS - DAY OF 20- MECORDED AT RECE,nON NO AND ™€ 5¢C, HOTEL SUBDIVISION/rD APPI,01'.D DE~LOM.lENT PLAN SET. RECOMDED AIRE. nON NO SIGNED .¥ DATE .2016. I ar,COMMI,Irn,DE£0,¥E,aD,RECTOR I THE PU~UC PEDES™AN INGI,Ess/EGRES5 AND MleuC PEDESTRIAN INGREWEGRESS BIKE FAMMING STEVE. 51.......OR DATE EA~MEM,5 gRANITED~TH,SPLATA,i l,rriNDED ro BE ovERANDACROSS™Es,DEWAL*SAND AO)0~5S STATE of COLDRADO 1 SlAIRWAn T o BE CONSTRUCTED WITHIN LOT 1, SKr HO™. AS SHOWN ON SHEET 2 OF THIS PLAT PUOU[ SURVEYOR'S CERTIFICATE 15' pEDESTRIAN INGRESS/EGRESS EA5EMEN!~ AND PUBLIC PE0E5.IAN IN6.SWEGRBS BIKE PARIONG ATTEST. cou,ry OF pmoN I *MENIS WIU .MORE SPECIHCAU¥DESCRIBEDAT THE nME OPCONDOM,MIUMI. TION OF 11+E S. CmnE~1 1. M....... A ..AL LAND ./C,R UCENSED IN ™E STATE OF COLORADO, HEREBY CERTIFy THAT IN JULY HOTEL 2015 A 5URvE¥ OF ™E HEREIN DESCRIBED PROPERTY WA5 PERFORMED uNDER M¥ SuPERv,SioN AN' 01,1.noN.I ™El,TLECEMTIFICATEWASACKNOWUDGEDBEFOREMETHIS DA¥OF ACCOROANCI WI™ COLORADO REVISED STA11,TES 1,73. TITU 38, ARTICU 51. AS AMENDED FROM TIME TO TIM' AND THAT 2016, BY . Trru OFFICER OF 3 5.HOT' SuaDMSION/PIANTIOPATESADDITIONALPUSLICAREASW,™.™E HOTUBUIUM.G. fOR wHICI,teEMENT5 WIUSE GRANTED, DEPICTED AND DESaUDEDAT ™El,MEOFCONDOMINIUMIZAT,ON ™ISFINALPLATOFA§PENAUP•55UBDIVISION/POACCURATELYANDSUBSTANn,11¥OEMCIS~Al[}SURVEY ™ICON= OF ™E % HOTEL SURVE¥ PRECISION 6 GREATER THAN 1/15,000 RECORDED EASEMENrS. RIGHT,OF-WA¥ AND RESTRICTIC»,5 ARE THOSE SET FORTM IN ™E TrTLE COMMITMENT REFERENCED IN SURVEY NOTE 5 HEREON w,™EMM,HANDA,®OmCIA15EAL I ™E EnECTIVE DATE OF 1 HE ..00 WIDE NOf+[XCLUSiVE. SURFAC~ u . iNG*£&5/EGRESS EASEM~NI GRAPHIC SCALE FOR CHAN CHAUMONT AND CHA7EAU OUIONT AND EMERGENCY ACCESS EASEMENT,~ SHOWN ON 5HEETZO~IHISP~T,SH~latll*DAIE™ATTHESKYHOTELMECENESACERT,i,~1£0+OccupAN~ -- , MAn S B€CnEK PLS,28641 NOTARYMIM FROMTHEal¥OF,5PEN· 5/5.File'l 1--50 A CLERK AND RECORDER'S ACCEPTANCE ™15 ANAL PLAT OF 51(¥ HOTU SUDDMSION/,D 6 ACCE,TED FOR FIUNG. THE OFFICE OF ™E CURK AND .CORDER Of SOPRIS ENGINEERING - LLC p,~,0„ cou . Do tHIS ___ DA¥ 0; 2016 IN PLI,1 mooK___ AT PAGE I, As RECEPTION -UIVIL CONKU[TANT5~ 502 MAIN STREET, SUITE A3 ~Cm[! ~CIO~~TO[a£*AD]OLAA¥~C*IUI.lir«»,INE¤¥AI~Li.k PITKIN COUNn CURK AND RECORDER CARBONDALE, COLORADO 81623 Afrm.c,1,-,Decm* )-W-M (970) 704-0311 '~~~ '~ · ·'~'~LInIMEn~ZELa_-...4.ums:.L_16--16-u~6-1~,~.-1,·,r ~ FINAL PLAT OF: SKY HOTEL SUBDIVISION/PD APARCECOF LAND SITUATED-IN THE-NWN OF SECTION-18 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. 96 s GA,IMIST....E OU~Al,FIAVE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 2 EXTERIOR BOUNDARY AND EASEMENTS DEDICATED BY THIS PLAT SHEETNOTES 423.- 1: ™EPUBLICPEDESTRiINGRE./GRE.+DPUBUCPEDE./AN ~'19- *7' -/' AAEGRANT..™ISPLATSUBJECTTOPWNOTE'.SHEET' DEON......~LAT -- GMAN~EDPENTMW 3 i i (SEE 'ATIOTE 2..E. I i - I#. _- 220 - -% r- . 1,1,42***' ---- -- 0 DiA V »IG-.'f ans.... ~~f«4 ..2*i____ - G-1 L~TUNEUW~DI~SION MEC6102.12 -- I# S ......STMETANDE.lANTIVL DEUI~90~¥nm* . 0 7 "Mosm.- 4&-_ gi , ir '6 4'Ual/PECE§1N~, i· 1 --'.0«1.~./ f'/ 4. r.a'.. i / ~C F13312~ i €3 z " .....CHAUMINTLI[ME B E20 b- , 1 1 , f i - '7...b# 1®. .'*Uull LOT 1 le V \\\\- ' ~ SKY HOTELSUBDIVISION/PD -- ~-- 42.645 sq.ft.1 0.979 acrest / PER THIS PLAT - - /-2... GROUND UVEL : U,41/%. \ ..Ii / 1 4 LS.I.'. GUIR¥ HOLE COMI**11.* L S-- 0 112 / 1, /405 -4224@: 4 / f kkmAGEm ~RUNAECO~02 42./. „RO¥§04-NT ........ IR,urTED.E..1... *tunRE.:,6 ISEEPLATIK}TELSHEE. ~/ 1 - 5-C™T™»,F.11-WIDI - FOUND" il-/1 ~:78-Sm' - _51 ~EC »3~2365 SHIHERL5 ~1 G129 0,·i,VI ,•Doo· ~,.,™........u 7 --- ) - 11327Pt777 GRAPHIC SCALE LOT 2 ASPEN ALPS POD/SUBOMSION l_._ ASPEN ./ PUO/SUBDIVISION ~1008LD) J 1.SPENAL.MWEST) REC 0619277 REC. 0619227 ~4* L *TEk.~E - 1~.- E.UDIENTAG,£IMENTFORPR,VATE ....h-10. e.#r< . ASPEN U. €-11£JM T. IWIS I 1/ *up,#Wmu SOPRIS ENGINEERING - LLC [ CIVIL CONSULTANTS'-- - 1 502 MAIN STREET, SUITE A3 6=Jm==6=- CARBONDALE, COLORADO 81623 ==Mi=====T-Irl (970) 704-0311 RECEPTION#: 626731 02/01/2016 at 12:48:41 PM, 1 OF 43, R $221.00 Janice K. Vos~dill, Pitkin County, CO EXHIBIT 10 DEVELOPMENT AGREEMENT 43 PAGES SKY HOTEL SUBDIVISION/PD RECEIVED DEVELOPMENT AGREEMENT FEB 1 7 2017 THIS SKY HOTEL DEVELQPMENT AGREEMENT (the -Agreemenf') is made CITY OF ASPEN and entered into this / 564.pf_Edznum_ 2016 by and between THE CITY OF ASPEN, COLORADO, a municipal corporatioh (hereinafter referred to as "City"), and COMMUNITY DEVELOPMENT ASPEN CLUB LODGE PROPERTIES, LLC, a Delaware limited liability company (hereinafter referred to as "ACLP"). WITNESSETH: WHEREAS, ACLP has submitted to the City an application for Planned Development - Detailed Review approval (the "Application") for that certain property in the City of Aspen, Colorado more particularly described on Exhibit A attached hereto and a made a part hereof by this reference (the "Property"), which Application requests the approval and recordation of an Approved Plan Set documenting the design, layout and configuration of the proposed development (the "Approved Plan Set"); and the approval, execution and recordation of a Final Plat of the Sky Hotel Subdivision/Planned Development (the "Final Plat"); and WHEREAS, City has fully considered the Application, the Approved Plan Set, the Final Plat, 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 approved the Application and in connection therewith has imposed certain conditions and requirements in connection with its approval and recordation of the Approved Plan Set and its approval, execution and recordation ofthe Final Plat, such matters being necessary to protect, promote and enhance the public safety, health and welfare; and WHEREAS, ACLP is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application, the Approved Plan Set, and the Final Plat; and WHEREAS, pursuant to Section 26.490.060.B., Site Protection Guarantee, and Section 26.490.060.C., Site Enhancement Guarantee, of Title 26, Land Use Regulations, of the Aspen Municipal Code ( the "Regulations"), City is entitled to certain financial guarantees to ensure recovery of the Property and surrounding grounds to a safe and visually acceptable condition, and the installation of public improvements on or adjacent to the Property in the event of a work stoppage, and ACLP is prepared to provide such guarantees as hereinafter set forth; and WHEREAS, pursuant to Section 26.490.070.A.1., Landscape Guarantee; Section 26.490.070.A.7., Public Facilities and Public Infrastructure Guarantee·, and Section 26.490.070.8., Storm Water and Drainage Improvements Guarantee, of the Regulations, City is entitled to certain financial guarantees to ensure (i) that the required landscaping is implemented and maintained, (ii) that required public facilities are installed and (iii) the successful implementation of required storm water and drainage infrastructure, and ACLP is prepared to provide such guarantees as hereinafter set forth; and Page 1 of 25 RECEPTION#: 626731 02/01/2016 at 12:48:41 PM, 2 OF 43, Janice K. Vos Ca~l, Pitkin County, CO WHEREAS, contemporaneously with the execution and recording of this Agreement, City and ACLP have recorded the Approved Plan Set as Reception No. 426 7.U and City and ACLP have executed and recorded the Final Plat in Plat Book 1/1 at Page 44 as Reception No. 6 )6731 , both in the Real Estate Records ofthe Clerk and Recorder of Pitkin County, Colorado (all recording information described in this Agreement refers to the Real Estate Records of the Clerk and Recorder of Pitkin County, Colorado). NOW, THEREFORE, for and in consideration of the forgoing provisions, the mutual covenants and agreements herein contained, the approval of the Application and approval and acceptance of the Approved Plan Set and the approval, execution and acceptance o f the Final Plat for recordation by the City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I PURPOSE AND EFFECT OF DEVELOPMENT AGREEMENT 1.1 Purpose. The purpose of this Agreement is to set forth the complete and comprehensive understanding and agreement o f the parties hereto with respect to the development of a new, replacement hotel for the existing Sky Hotel (the "Project") containing lodge, fractional ownership and affordable housing units; associated commercial uses; and a subgrade parking garage ("Subgrade Garage") on the Property, and to enumerate all terms and conditions under which such development may occur. 1.2 Effect on Prior Instruments and Approvals. It is the express intent and agreement of the parties that this Agreement, together with the Approved Plan Set and Final Plat, shall operate to vacate, terminate, and supersede all inconsistent terms and provisions of those certain previously recorded agreements. land use approvals, and plats as they may affect the Property, as more specifically defined and described in Article VII, below (collectively, the "Prior Instruments and Approvals"). City and ACLP agree to cooperate in the execution and recording of such further documents (if any) as may be determined in the future to be appropriate to evidence the vacation, termination, and superseding of any such inconsistent terms and provisions of said Prior Instruments and Approvals as they may affect the Property; provided, however, that the absence of any such execution and recording of such further documents shall in no way be construed to adversely affect, diminish or negate the vacation, termination, and superseding of any and all of the Prior Instruments and Approvals. Furthermore, in the event of any inconsistency between the provisions of the land use approvals described in Section 2.1 below and the provisions of said Prior Instruments and Approvals, the provisions of the Approvals described in Section 2.1 below shall govern and control. ARTICLE n LAND USE APPROVALS 2.1 Approval Actions. The following land use approvals (the "Approvals") have been granted to ACLP for the development of the Property: (a) City Council Ordinance No 39, Series of 2014, approved February 9,2015 and recorded February 12, 2015 as Reception No. 617367 granted (i) Planned Development - Project Review approval, (ii) Subdivision approval. (iii) Timeshare approval. (iv) Conceptual Page 2 of 25 RECEPTION#: 626733 02/01/2016 at 12:48:41 PM, 3 OF 43, Janice K. VOS Cau~|10.1, Pitkin County, CO Commercial Design Review approval. (v) Conditional Use approval, (vi) Special Review approval, and (vii) Growth Management allotments for the Project's Site Specific Development Plan. (b) The Notice of Approval issued by the Aspen Community Development Department ("COMDEV") on July 7,2015 and recorded July 9. 2015 at Reception Number 621405, approving an Administrative Planned Development - Project Review Amendment to correct certain setbacks included in Exhibit A to Ordinance No. 39, Series of 2014 (c) Planning and Zoning Commission Resolution No. 17, Series of 2015, approved August 18,2015 and recorded September 2,2015 as Reception No. 622954 granted Planned Development - Detailed Review approval and Final Commercial Design Review approval for the Project. (d) The Development Order ('Development Order") for the above-described Approvals was issued by COMDEV on August 27.2015, with an effective date of August 27 2015. (e) The Notice of Approval issued by COMDEV on December 8,2015 and recorded December 15,2015 as Reception No. 625587 approving an Administrative Planned Development - Detailed Review Insubstantial Amendment to accommodate various minor changes to the project's floor plans, elevations and public amenity space. 2.2 Development Orders Control. The provisions of the above-described Approvals, including the Development Order, are incorporated herein and made a part of this Agreement. To the extent that matters addressed in such Approvals, including the Development Order, are also addressed in this Agreement, the provisions of the Approvals and the Development Order shall control. 2.3 Dimensional Requirements. Exhibit A to Ordinance No. 39, Series of 2014, established and approved the following dimensional requirements for the Project. * (a) Minimum Gross Lot Area 42,645 Sq. Ft. (b) Minimum Net Lot Area 37,113 Sq. Ft. (c) Minimum Lot Width 116 Feet (d) Minimum Front Yard Setback Above Grade 10 Feet Below Grade 5 Feet (e) Minimum East Side Yard Setback Above Grade East Wing 6.4 feet West Wing 5 feet Below Grade East Wing 5 feet Page 3 of 25 RECEPTION#: 626733 02/01/2016 at 12:48:41 PM, 4 g[ 43, Janice K. Vos Ca~i~11, Pitkin County, CO West Wing 5 feet (f) Minimum West Side Yard Setback Above Grade 5 Feet Below Grade 5 Feet (g) Minimum Rear Yard Setback Above Grade 5 Feet Below Grade 5 Feet (h) Maximum Height/Building 40 Feet (i) Maximum Height/Mechanical 50 Feet (j) Public Amenity Space 11,367 Sq. Ft. (k) Allowable Floor Area 86,403 Sq. Ft. Lodge 68,824 Sq. Ft. Commercial 3,377 Sq. Ft. Affordable Housing 1,463 Sq. Ft. Non Unit 12,739 Sq. Ft. (1) Allowable Commercial Net Leasable Area 3,480 Sq. Ft. (m) Lodging component Lodge Units 104 Units Lodge Bedrooms 117 Bedrooms Lodge Net Livable Area 56,509 Sq. Ft. (n) Minimum Off-Street Parking Parking Garage 54 Spaces Aspen Alps Surface Spaces 12.5 Spaces (0) Minimum Trash/Recycle Area 560 Sq. Ft. * Note: Minor changes to the Project's dimensional requirements may be approved by COMDEV provided that the resulting fioor areas do not exceed that which is permitted in the Lodge zone district. 2.4 Vested Rights. Under the Development Order. the right to undertake and complete the development and use of the Property pursuant to the terms and conditions of the Approved Plan Set for the Property is vested until August 27,2018, and shall not be altered, impaired, diminished or delayed by any subsequent zoning or land use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes ("CRS"). In accordance with the Page 4 of 25 RECEPTION#: 626731 02/01/2016 at 12:48:41 PM, 5 ~ 43, Janice K. Vos Caz~l, Pitkin County, CO requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment of such vested rights for the Property was conducted on August 18,2015. As authorized by CRS Section 24-68-102(4)(a), City and ACLP agree that the Site Specific Development Plan for the Property consists o f and includes. but is not limited to, the number, permitted size, and configuration ofthe Project's lodge units, fractional ownership units, affordable housing units. and parking spaces, the size and configuration o f its associated commercial spaces and other areas of the Project. all matters set forth in the various Approvals referenced in Section 2.1 above: the Approved Plan Set recorded as Reception No. 6)673 9- and the Final Plat recorded as Reception No. GJ 6 7 3/ ; this Agreement; and all other documents recorded concurrent herewith. For purposes of this Section 2.4. this 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 Proiect Components. The Project approved pursuant to the Approvals referenced in Section 2.1 above consists of the following principal components: (a) Lodge/Fractional Ownershin Units. The Project will contain eighty- eight (88) lodge units and eleven (11) fractional ownership units. The lodge units will be configured as eighty-two (82) standard units and six (6) bunk rooms. The lodge units will contain eighty-eight (88) bedrooms and eighty-eight (88) keys. The fractional ownership units will consist of four (4) two-bedroom units and seven (7) three-bedroom units. The fractional ownership units will contain twenty-nine (29) bedrooms, of which five (5) bedrooms will be designed as 'lock-offs", and sixteen (16) keys. Pursuant to Section 26.470.100.A. L. Employee Generation. of the Regulations. the fractional ownership units' lock-offbedrooms are considered separate lodge units for regulatory purposes. As a result. the Project will contain a total of one hundred and four (104) lodge units containing a total of one hundred and four (104) keys and one hundred and seventeen ( 117) bedrooms. The Project's lodge/fractional ownership units will contain a total net livable area of approximately 56.509 square feet and are limited to a maximum allowable floor area of approximately 68.824 square feet. Minor changes to the Project's allowable lodge/fractional ownership floor area. and any resulting changes to its net livable area, may be approved by COMDEV provided that the resulting floor area does not exceed that which is permitted in the Lodge zone district. (b) Commercial Net Leasable Area. The Project' s commercial components will include a bar and lounge. a kitchen. a ski shop. public ski lockers, and a rooftop bar. These components are limited to a total net leasable area of 3.480 square feet and to a maximum allowable floor area of approximately 3.377 square feet. Restaurant, retail, service, and ski locker uses are permitted in the commercial spaces pursuant to the Conditional Use Approval in Ordinance 39, Series 2014. Minor changes to the Project's allowable commercial floor area may be approved by COMDEV provided that the resulting commercial floor area does not exceed that which is permitted in the Lodge zone district. (c) Affordable Housing Units. The Project will contain one (1) one- bedroom unit and one (1) two-bedroom unit. The one-bedroom unit will contain a minimum of 750 square feet of net livable area. The two-bedroom unit will contain a minimum of 950 square feet of net livable area. The Project's affordable housing component is limited to a maximum Page 5 of 25