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Home My WebLink AboutLand Use Case.675 E Durant Ave.0020.2017.ASLUDOLD.Zot-I.Astl~ 0037.2017.ASLU 675 E DURANT ESA EXEMPTION (VIEW PLANS) 1 2737 182 50 101+O4n 4 2 0 Awk*nt UN, J -1 -L GUS . Sco,â€¢IÂ«A 1/Il 1,1 4â‚¬,U 61 bP External Media Located Here .,:i 161/ M-007998 ~ PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS -rk-e.s-d 0-, e -7 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER ~20. 2617.ASCUI& 0037. 2017.ASLU 113513 1 PARCEL ID NUMBERS (272'~1 39001 & 04 PROJECT ADDRESS LOTS 1&2 SOUTH ASPEN STREET AND 675 E DURANT PLANNER SARA NADOLNY CASE DESCRIPTION ESA EXEMPTION &~PD AM~NDME~ REPRESENTATIVE TODD EMERSON DATE OF FINAL ACTION 6.26.2017 CLOSED BY ANGIE SCOREY 6.29.17 Mh 27 FLOG CUi Foo bojetcp Beld orderl 0020 # 243 [9-- Asc Li Â¤ Permits 273 131 39 5 1 + 064- 1.file Edit Record Navigate Fnrm Reports Format Iab Help ~ Fi @ 3 0< B k.7 -2~ 974 1, i kl Â¢15 Zi] 423 8 - ~ i ]4 1 > >J El ~ 9k lump 1 C /~ I U I 6 ~ : 2 %1 '2 2 El o *hil ard'29143 a P .4 1* 0 _~*iN-~ Custom Fields Routing Status 1Fee Summark 1Actions Routin~ ttistory I r L. * 30/V .1 Permit type aslu 3 - Aspen Land Use Permit # 0020.2017..A.SLU 4.- :79. - '13'Bit- 1-2 Address 0 LOTS 1 &2 SOUTHASPEN ST -- ..&1.- A ~ Â·Â· Apt/Suite City ASPEN State CO p. Zip 81611 Permit Informabon Â· 4 -il.. Master permit Routingqueue aslulf Applied 03/15/2017 id_ 1 3,â€¢ 1-Nwk , .gi af- Project Stitus pending Approved iÂ» -2Â£ = ' Description APPLICATION FOR SOUTH ASPEN STREET TOWN HOMES SUBDIVISION & PUD - Issued IN SU B STANTIAL PD AMENDTMENT Closed/Final I. 1 Submitted BENDON AD'AUS 925 2855 Clock Running Days E-ul Expires 03/10/2018 |. ' submitted via ~ v - Owner 1 Last name TODD EMERSON, BALD MOLÂ·Â·Â· First name ASVASPEN STOWNERS 132 WMAIN ST UNIT C Phone (970 > 925-2114 Address ASPEN CO 81611 , ~ Applicant 43 Owner is applicant? U Contractor is applicant? Last name TODD EMERSON. BALDÂ· 1.10l First name ASV ASPEN ST OWNERS 132 W MAIN ST UNE C Phone (970> 925-2114 Cust * 30E94 Address ASPEN CO 81611 Email ' Lender 8 Last name I First name Phone (> - Address :4- - .....wâ€ž.~, :~a..44 ..02~~UkÂ»:.....034-*. Â«2.,=0;..* AspenGold5 (serverf--1~angeiis I~'1 of 1.- .-a: .:i 6,Â£24Â«1 -29*-d - - SAG 6- 1 1, 6 2S--O0 *ce-~ p* 4-2 642- sejoN Moin~~ xoqlooll 1 sdnolg q/~~r â€ž~ li"111 RECEP I#: 639410, R: $53.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 9, 06/26/2017 at 09:47:49 AM Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For an Insubstantial Amendment to the Planned Development for the South Aspen Street Townhomes Subdivision/PD, Situated in Section 13, Township 10 South, Range 85 West of the 6th p.M., City of Aspen, County of Pitkin, State of Colorado Parcel No. 2735-131-39-001 (Parcel 1) Parcel No. 2735-131-39-004 (Parcel 2) APPLICANT: Todd Emerson, ASVS Aspen Street, LLC c/o Bald Mountain, LLC 132 West Main Street, Ste C, Aspen CO 81611 SUBJECT & SITE OF AMENDMENT: Aspen Street Townhomes Lot 1 (free-market five-plex) and Lot 2 (southernmost unit of upper lot triplex) SUMMARY: The applicant is proposing changes to two buildings within the South Aspen Street Townhomes project that include the exterior materials of Building A, a five-unit residential building on Lot 1, and the fenestration on the south side of Unit 8 of a triplex residential building located on Lot 2. BACKGROUND: The South Aspen Street Planned Development was amended via Ordinance No. 23, Series of 2013. The project consists of two lots. Lot 1 was approved with three multi- family structures, two containing 15 affordable housing units between them, and one containing five free-market units. Lot 1 was also approved with a sub-grade parking garage. Lot 2 was approved with four structures - a single family home, and three triplex buildings containing nine free-market units between them. The approval required a Final PD Development Plan Set that included an architectural character plan depicting massing, fenestration and materials for each building among other items, reflecting what was recorded as Exhibit C (Architectural Character Plan) to the approval. REQUESTED REVIEW: â€¢ Insubstantial PD Amendment per Section 26.445.110.A related to a request for a change in exterior materials and fenestration for two multi-family buildings at the Aspen Street Townhomes. The Community Development Director may approve, approve with conditions, or deny this request based on the criteria found in Exhibit B to this memo. PROPOSED CHANGES: The first request involves Building A ofLot l,a five-unit, multi-family residential structure. The materials approved for this building include wood siding with a wooden rain screen, as seen in Figure A, below. 1 , â„¢r- U= 24 i 4 - 1 I 1 -1 - .... 1 . 6- F I 13 111. 1~ Z 1..: ..1 .14 - 1 1 e J 11 LL.L --- Â· I i 2. # 1 1 1 : -L: 1 1 1 â€¢. _ . 6-41 J I . j. - :111: 1 -U . . Figure A: Northern elevation of Building A with an exterior rain screen. The applicant is seeking approval to remove the rain screen from the exterior of the building, as seen in Figure B. Â·rf' Â»wmmlitt-Â·Â·=t=- -,-frm..r.-- e-- 1 ' 1 , 2@,i-.1 6.-JI L. 1 1 1 .-1.1 & 1. A' - Figure B: Northern elevation of Building A withoutthe exterior rain screen. The applicant indicates the potential owners have expressed dissatisfaction with the exterior materials as approved, and the contractors has voiced concern about the rain screen compromising weatherproofing performance over time. The second request involves changes to the approved fenestration for the south fagade of Unit 8 on Lot 2, one of the lot' s three free-market triplex structures. This includes shifting a window towards the center of the building and adding a new window in its place, and also removing a small window at the ground level and adding a larger window towards the front of the structure. Fenestration changes are depicted in Figures C and D, following. 2 HH ---- 1 -- --- --- I.- - --- --- I 1 L I / \ 111 il i r 1 0 l-] J 91 mh[). 4 1*- i t.-2---9â‚¬~ --+ 1 1-1 1 0-1 FÂ¥- 1 1 1 Figure C, above: Approved fenestration for Unit 8. Subject area is highlighted in yellow. Figure D, below: Proposed fenestration for Unit 8, involves shifting a window towards the center of the building and addinga new window in its place. Changes are highlighted in yellow. 1 Aao -L - I , , .1 I I I \ , I 2 - Ck -- 1!Â»! 2------6 i P--1 ig- 111 : 1 1 111 1 The applicant indicates the request to amend the previously approved fenestration is due to a reconfiguration of the unit's interior floor plans. STAFF EVALUATION: Staff has reviewed the proposed changes against the review criteria for an insubstantial PD amendment, and finds the following. 3 The requests are limited to the reduction of exterior materials and changes to fenestration, and do not alter the use or character of the development which remains as multi-family housing. The proposed variations are limited to aesthetic changes which Staff finds to be insubstantial in nature, having nominal impact on the affected structures and overall project. The request does not require any variations from the project's allowed use, and no changes are proposed to the approved dimensional requirements. Staff finds the request to meet all the required criteria for an insubstantial PD amendment. DECISION: The Community Development Director finds the application for an Insubstantial PD Amendment for a change to materials and fenestration, as noted above, to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request. APPROVED BY: C 44~ 1 FV\UU._, keri 1 5,708 1~~bsica G ~0~, Community Development Director Date Attachments: Exhibit A: Materials & Fenestration Changes (recorded) Exhibit B: Staff Findings (In file) Exhibit C: Application (In file) 4 7. Exhibit A Materials & Fenestration Changes Existing -with rain screen Lot 1, Building A - shown with rain screen as approved via Ordinance No. 23, Series of 2013. &11~1 PIll, .1----*.0 -/ 1111 111 lilli 9399,+ 14.1"-47klm--- 2 It Ilt -:5:1/=.*k- -SLD rihEAST ELEVATION .2 - '41*? Oar ~ I I '11, Itit' 4 1- 1 0 - B j .IN .4 4. 4 ? 52 1 1 = 11 043 : .111 + ..7.1 , Lâ€¢ L, -uÂ«EL_/1.- -A /lhNORTI-1 ELEvATION Proposed - Removed rain screen - .11 1 Lot 1, Building A - shown without the rain screen, as amended by this Insubstantial PD approval. 6.. 1 1,14........ A /ZhEAST ELEVATION 4 001 Â».0 T..J 7 , 1,1 1 - m 1 1 - 1 fit" I - 6 . i . . 9 P 11 i: i. k 1 1 '1' d ~ â‚¬i--- -3-7 1 / 1 ..i -4 91_~ .. .*A+P-e 1 1 . 1-Ill L hi rihNORTW ELEVATION < Â®Â®I ~N.T.S. Lot 2, triplex Unit 8 - South elevation depicting fenestration as approved via Ordinance No. 23, Series of 2013. 1 1 1 1 1 1 1 I ill I I 1 1 1 1 U -2 - _ -_01Â§VELL_ 72'-Â£ T.OP. r 1 / 1 1 43 L .1 \ I 65'-0- T.O.SITE WALL i 11 i SH WIABOW ------#4-- --+- +- -- ---+ - -~LWL, - - 01,Tr WINIOW 1 62'ZE'IE.P. 4------*-_-- L.-3--______4--------1-------t-----------4-1- ----- --1-%------------7------------4 d------5 . r>.--1 1-/I- ' 1 18>1 Ig> 0 5 1 11 1 1 11 lili 1 1 1 11 1 1 111 I 1 1 1 6--/ 6- a 1 1 11 t====== 44 In'IZr~~ ~UIUI~~II~~ZZZ~ 9/ 52'-6Â· TOS 1 1 1 11 1 1 III 1 1 1 111 lili SOUTH ELEVATION - EXISTING Lot 2, triplex Unit 8 - South elevation depicting fenestration as amended with this approval T TT T 4 0 0 0 1 ALI 111 -- ------*i- 1 11 1 T 11 11 1 11 1 1 '4, \ I I , _ -_ LEVEL 2 f-.IT.O.P. , , I f t /. 65'-0- T.O.SITE WALL 1 9*1 -01 - -*aÂ·4:ip. /J- 1 11 110 1 c_-----6 10 Â¥400 12'91 2 1 1 1,1 : 16 11 111 1 1 1 11 1 1 - -- -,1 1 1 1 1 1 1 Ii I 1 ----l---- ------ =Er=,=rEE~EFEf~-r~=-r,rrrEr~=rErr,rrEEBEEr,=,rE~--r:EaE F~Irirr,r,Err=r=~Er=~irEEEl---+ ~ ---1~1#%*~91 1 1 -I-----------------------------------------------------1-------------------------------1 -------- __------------------------------------------------------------1-------- --------6----] 1 111 1111 111 lili SOUTH ELEVATION - PROPOSED Exhibit B Staff Findings 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. Sta# Response: The request involves changes to one building's exterior materials, specifically omitting a previously approved rain screen, and shifting a window while adding a window to another building. These requests do not change the use or character of the development, which remains as multi-family housing, both free-market and affordable, within the subdivision/planned development. Stafffinds 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 Response: The proposed variations are limited to aesthetic changes. Stafffinds the request to be insubstantial and overall consistent with the project's original approvals. 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 Response: No variations are required for the requested materials and fenestration amendments. Stajfjinds 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 Response: No changes are being proposed to the approved dimensional requirements of the project. Stajffinds this criterion to be met. 5. An applicant may not apply for Detailed Review i f an amendment is pending. Staff Response: The project does not require an applicationfor Detailed Review at this time. Stafffinds this criterion to be met. 1 Â® BendonAdams February 21, 2017 RECEIVED Ms. Jennifer Phelan, AICP Community Development Deputy Director FEB 2 1 2017 City of Aspen 130 So. Galena St. CITY OF ASPEN Aspen, Colorado 81611 COWAIMTY DEVELOPMENT RE: South Aspen Street Townhomes Subdivision & PUD-Minor Amendment for Exterior Materials and Fenestration Ms. Phelan: Please accept this request to amend the approvals for the South Aspen Street Townhomes project to change some of the exterior materials on the Lot 1 fiveplex townhomes and amend the fenestration on the south side of the building of one of the upper lot triplexes on Lot 2, Unit 8. All other aspects of the project approval will remain unchanged. The original plan for the exterior materials on the Lot 1 fiveplex townhomes is a rain screen with vertical trim and accents on the east, west and north elevations. Both potential buyers and ownership expressed dissatisfaction with the exterior materials mockup, and the general contractor voiced concern that the installation of the exterior materials-creating hundreds of fastener perforations-will compromise the weatherproofing performance over time. The buyer for the uppermost unit in the lower triplex on lot 2 is requesting floorplan changes. The floorplan changes require window relocations and additions, modifying the approved elevations. Please find an attached narrative and plans detailing the proposed amendments. Please contact me with any questions or concerns: 925-2855 or chris@bendonadams.com Kind Regards, Chris Bendon, AICP Principal BendonAdams, LLC 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Exhibit 1 Review Criteria 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. Response - The use and character of the project will remain the exact same. For the Lot 1 fiveplex townhomes, the replacement of the vertical rain screen materials with vertical boards is an insignificant change. The use of wood and the vertical orientation does not change. The elevation changes proposed for Unit 8 of Lot 2 are also minor and do not change the character or use. Two approved windows shift in their locations, one window is omitted, and two new windows are added in the proposal. The proportions and detailing of the added windows replicate those of the approved windows. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Response - The project, its conditions, and its expectations will remain unchanged. The amendment is limited to minor aesthetic and functional changes that will result in an improved project. 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. Response - No changes to the project's uses or dimensions are proposed. 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. Response-The requestis limited to amending minor projectdetailsthatcould not have been foreseen during the review process. Potential buyers are able to modify interior floor plans priortoconstruction sometimes requiring minorchanges tothe buildingelevations. Mockups are typically created during the detailed design and construction process and well after the land use review process. The aesthetic and weatherproofing concerns of the rain screen system were revealed after the mockup was constructed. 5. An applicant may not apply for Detailed Review if an amendment is pending. Response - The project is fully entitled, under construction, and the amendment does not require application for Detailed Review. hi Exhibit 2 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PROJECT: South Aspen Street PUD RECEIVED Name: South Aspen Street Townhomes Subdivision & PUD: Amended & Restated FEB 2 1 2017 Location: South Aspen Street, Aspen CO 81611 Parcel ID # (REQUIRED) 273 131 39 001 and 004 CITY OF ASPFN COMMUIÂ«TY DEVELOPMENT APPLICANT: Name: Todd Emerson, ASV Aspen Street, LLC c/o Bald Mountain, LLC Address: 132 West Main Street, Suite C, Aspen CO 81611 Phone #: 925-2114 REPRESENTATIVE: Name: _Chris Bendon, BendonAdams Address:_300 So Spring Street, Aspen, Colorado 81611 Phone#: 925-2855 U GMQS Exemption F-1 Conceptual PUD E Temporary Use O GMQS Allotment rrI Final PUD(& PUD Amendment) Special Review Subdivision (Insubstantial Amendment) ~ Conceptual SPA Â£ ESA-8040 Greenline, Stream Fl Subdivision Exemption (includes El Margin, Hallam Lake Bluff, Condominiumization) Â£ Mountain View Plane Â£ Final SPA (&SPA El Commercial Design Review 1 Lot Split Amendment) Â£ Residential Design Variance Â£ Lot Line Adjustment F-1 Small Lodge Conversion/ Expansion D Conditional Use Other: Er<ISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PUD-approved residential townhomes five-plex building and tri-plex building including approved exterior materials and elevations PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Amend certain exterior materials on the five-plex building, and amend the window fenestration of one of the triplex buildings Have you attached the following? FEES DUE: $ 1,625 U) Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement C~ Response to Attachment #3, Dimensional Requirements Form 91 Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards [ti@ 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 pe:TAIN FOR,111UIAIEPIT REC _ j Exhibit 3 ~IVED Agreement to Pay Application Fees FEB 2 1 2017 An agreement between the City of Aspen ("City") and col-0 2067. 44,1 Y (1, li,rÂ·._Â·4 Property ASV Aspen Street Owner, LLC; c/o Phone No.: 925-2114 Owner ("I"): Bald Mountain, LLC COMMuNI i 1 DL ;110PMENT Email: temerson@baldmountainllc.com Address of Lots 1 and 2 Billing Todd Emerson Property: South Aspen Street Subdivision & PUD: Address: Bald Mountain, LLC (Subject of Amended & Restated (send bills here) 132 W Main Street, Unit C application) Aspen Colorado 81611 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 $ 9 flat fee for 4 9 flat fee for 5, 9 flat fee for For Deposit cases only: The City and I understand that because of the size, nature orscope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient in formation 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 o f 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 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 forthe processing of my application at the hourly rates hereinafter stated. $ 1,300 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 325 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Proper~f:~n~ 4 -rÂ·ki,/ Jessica Garrow, AICP C ,â€ž.,;di 1 - \ 66Â·4:pj clvg*-*--Li V~Â·enT- *2,4 Community Development Director Name: Todd Emerson (06\\439- City Use: Title: Project Manager, Bald Mountaint LLC Fees Due: $ Received $ r iA 0026 -20 El' f (A Exhibit 4 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: February 8,2017 PROJECT: South Aspen Street PUD - Minor Amendment to a Project Review Approval REPRESENTATIVE: Chris Bendon, BendonAdams DESCRIPTION: The Applicant would like to change some of the exterior materials on the fiveplex townhomes and amend the fenestration on the side of the building of one of the upper lot triplexes. Both proposed changes appear to be minor in nature and subject to review standards set out in Section 26.445.110, the applicant's application will be subject to 26.445.110A, an Insubstantial Amendment which may be authorized by the Community Development Director. Staff recommends clearly vetting the fenestration issues, to ensure that all requests are included in an application. 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/Apps%20and%20Fees/2013%20Iand%20use%20a pp%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.110A Insubstantial PD Amendments RECEIVED Review by: Staff for complete application FEB 2 1 2017 Staff for administrative review CITY OF ASPt:N Public Hearing: NA COMMUNITY DEVELOPMENT Planning Fees: Planning Deposit: Administrative Review, $1,300 for 4 hours (additional planning hours over deposit amount are billed at a rate of $325/hour) Referral Fees: Engineering Deposit: $325 for 1 hour (additional hours over deposit amount are billed at a rate of $325/hour - fenestration/mud flow review) Total Deposit: $1,625 To apply, submit the following information: O Completed Land Use Application and signed fee agreement. m 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 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 ASLU Insubstantial PD Amendment South Aspen Townhomes Subdivision & PUD 1 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. Il 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. Il 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. El The site improvement survey requirement is waived. m Written responses to all review criteria. m 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 0 1 additional copy of the complete application packet. Il Total deposit for review of the application. Â£ 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 Exhibit 5 RECEIVED COMMITMENT for TITLEINSURANCE issued by MAR 1 0 2017 rn TITLE COMPANY CITY ut ASPEN ,[1111~ of the rockies CO~NITY DEVELOPIENT as agent for FIRST AMERICAN TITLE INSURANCE COMPANY Reference: Commitment Number: 0704905-C2 Commitment Ordered By: Inquiries should be directed to: Todd Emerson Susan Hass Bald Mountain LLC Title Company ofthe Rockies 132 W. Main St. Ste. C 132 W. Main Street, Suite B Aspen, CO 81611 Aspen, CO 81611 Phone: 970-385-2114 Fax: Phone: (970) 920-9299 Fax: (970) 920-5352 email: temerson@baldmountainlic.com Reference Property Address: TRD South Aspen Street, Aspen, CO 81611 SCHEDULE A 1. Effective Date: February 16,2017,7:00 am Issue Date: March 06,2017 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Amount to be Determined Premium: Amount to be Determined Proposed Insured: A Buyer to be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: ASV Aspen Street Owner LLC, a Delaware limited liability company 4. The Land referred to in this Commitment is located in the County ofPitkin, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE Alta Commitment - 2006 Schedule A LEGAL DESCRIPTION f , 3. 9, 1 AG 43 -1 % The Land referred to herein is located in the County of Pitkin, State ofColorado, and described as follows: +A.'1.9 Lots 1 and 2, . 1 ' SOUTH ASPEN STREET PUD/SUBDIVISION, according to the Plat thereof filed December 19,2014, C.* t.*.1 . 1 in Plat Book 108 at Page 60. TO BE KNOWN AS: Unit , according to the Condominium Declaration for SOUTH ASPEN STREET PUD NORTH CONDOMINIUM, recorded , 2017, at Reception No. , and the Condominium Map recorded , 2017, at Reception No. NOTE: Upon compliance with Requirement No. 1 the legal description will be amended accordingly. Commitment No. 0704905-C2 Schedule B-I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQWREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Duly executed and acknowledged Condominium Map of South Aspen Street PUD North Condominium. 2. Duly executed and acknowledged Condominium Declaration for South Aspen Street PUD North Condominium. NOTE: The Company reserves the right to make additional requirements and/or exceptions upon review of the Plat and Declaration contemplated by Requirements No. 1 and 2. 3. Release by the Public Trustee of Pitkin County releasing subject property from the lien ofthe Deed of Trust from ASV Aspen Street Owner, LLC for the use of TPG RE Finance, LLC, to secure $75,000,000.00, dated May 22,2015, and recorded May 22,2015, at Reception No. 620109. NOTE: Assignment of Leases and Rents recorded May 22,2015, at Reception No. 620110, given in connection with the above Deed of Trust. NOTE: Disburser's Notice by TPG RE Finance, LLC, recorded May 22, 2015, at Reception No. 620111. NOTE: Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by UCC Financing Statement, from ASV Aspen Street Owner LLC, to TPG RE Finance, LLC, as agent, secured party, recorded May 22,2015, at Reception No. 620112. 4. Articles of Organization for ASV Aspen Street Owner LLC, a Delaware limited liability company, disclosing the names of all Managers of said limited liability company and otherwise complying with C.R.S. 7-80-101, et seq., as amended, and evidencing the existence of said limited liability company prior to the time it conveys title to subject property, must be filed in the office of the Secretary of State for the State of Delaware, but need not be recorded. 5. Resolution or Statement of Authority by ASV Aspen Street Owner LLC, a Delaware limited liability company, authorizing the transaction, executed by the managers or members set forth in the Operating Agreement. NOTE: Review Operating Agreement for authority of party(ies) to act on behalfof said limited liability company and complete the transaction contemplated herein. 6. Deed from ASV Aspen Street Owner LLC, a Delaware limited liability company to A Burer To Be Determined. Alta Commitment - 2006 ' Schedule B-1 Requirements Commitment No. 0704905-C2 Schedule B-I Requirements (continued) NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. 7. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 8. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR Pitkin COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE. TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alta Commitment - 2006 Schedule B-I Requirements (continued) Commitment No. 0704905-C2 Schedule B-II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION H EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction ofthe Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey ofthe Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 26, 1949, in Book 175 at Page 298. 8. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded July 26,1978, in Book 351 at Page 940, Book 351 at Page 942 and Book 351 at Page 944. 9. Terms, agreements, provisions, conditions and obligations as contained in Lease Agreement Between John H. Roberts, Jr. and the Aspen Skiing Company, a Colorado general partnership, recorded December 2,1985, in Book 500 at Page 605, as amended by instrument recorded October 21,2014, at Reception No. 614729. 10. Resolution No. 3 ( Series of 2001 ) recorded February 15, 2001, at Reception No. 451526. 11. Ordinance No. 32 ( Series of 2003 ) recorded August 4,2003, at Reception No. 486407. 12. Notice OfPUD Designation as contained on Page 8 in Ordinance No. 27 ( Series of 2007 ) recorded August 8,2007, at Reception No. 540761. 13. Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD recorded December 19,2014, at Reception No. 616165, as amended by instrument recorded July 1, Alta Commitment - 2006 Schedule B-!I Exceptions Commitment No. 0704905-C2 Schedule B-II Exceptions (continued) 2016, at Reception No. 630425.. 14. Easements, rights of way and all other matters as shown on the Plat of South Aspen Street PUD/Subdivision, filed December 19, 2014, in Plat Book 108 at Page 60 as Reception No. 616166. 15. Notice of PUD Designation recorded July 10,2007, at Reception No. 539750, August 8,2007, at Reception No. 540693 and November 12,2007, at Reception No. 543983. 16. Contribution Agreement recorded August 2,2007, at Reception No. 540625. 17. Resolution No. 96 (Series of 2009) by the Aspen City Counsel recorded April 1, 2010, at Reception No. 568178. 18. Resolution No. 68 (Series of 2012) by the Aspen City Counsel recorded August 21, 2012, at Reception No. 591518. 19. Resolution No. 18 (Series of 2012) by the City of Aspen Planning and Zoning Commission recorded October 22,2012, at Reception No. 593257. 20. Ordinance No. 23 (Series of 2013) by the City ofAspen City Council recorded December 2,2013, at Reception No. 606010. 21. Terms, agreements, provisions, conditions and obligations as contained in Cost Sharing And Licence Agreement recorded August 18,2015, at Reception No. 622523. 22. Terms, agreements, provisions, conditions and obligations as contained in Notice Of Approval recorded April 21,2016, at Reception No. 628736. 23. Terms, agreements, provisions, conditions and obligations as contained in Notice Of Approval recorded July 1,2016,at Reception No. 630424. 24. Easement and right of way for underground electric transmission or distribution line and related appurtenances, as granted by ASV Aspen Street Owner LLC to Holy Cross Energy, a Colorado corporation, by instrument recorded August 12, 2016, at Reception No. 631392, said easement being more particularly described therein. 25. Terms, agreements, provisions, conditions and obligations as contained in Trench, Conduit, And Vault Agreement recorded August 8,2016, at Reception No. 631249. 26. Terms, agreements, provisions, conditions and obligations as contained in Agreement For Temporary Construction Easement And Subsurface Encroachment Easement recorded December 29, 2016, at Reception No. 635044. 27. Easements, rights of way and all other matters as shown on the Condominium Map of South Aspen Street PUD North Condominium, recorded 2017, at Reception No. 28. Those covenants, conditions, obligations, easements and restrictions which are a burden to the Condominium Unit described in Schedule A, and set forth in the Condominium Declaration for South Aspen Street PUD North Condominium, recorded 2017, at Reception No. Alta Commitment - 2006 Schedule B-H Exceptions (continued) Commitment No. 0704905-C2 Schedule B-II Exceptions (continued) Alta Conunitment - 2006 Schedule B-H Exceptions (continued) DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Note 5: Pursuant to C.R.S. Â§10-11 -123 Note 10: Pursuant to Regulation 3-5-1 Regulations 3-5-1, Paragraph C of Article VII, Notice is hereby given+ Section 9 (G) notice is hereby given that requires that (a) If there is recorded evidence that a mineral "Until a title entity receives written "Every Title entity shall be responsible for estate has been severed, leased or otherwise instructions pertaining to the holding of all matters which appear of record prior to the conveyed from the surface estate then there fiduciary funds, in a form agreeable to the title time of recording whenever the Title entity is a substantial likelihood thal a third party entity, it shall comply with the following conducts the closing and is responsible for holds some or all interest in oil, gas, other I. The title entity shall deposit funds into an recording or filing of legal documents minerals, or geothermal energy in the escrow, trust, or other fiduciary account resulting from the transaction which was property, and and hold them in a fiduciary capacity, closed." (Gap Protection) (b) That such mineral estate may include the 2. The title entity shall use any funds right to enter and use the property without designated as -earnest money " for the the surface owner's permission. consummation of the transaction as Note 2: Exception No. 4 of Schedule B, evidenced by the contract to buy and sell Section 2 ofthis Commitment may be deleted Note 6: Effective September 1, 1997, C.R.S. real estate applicable to said transaction, from the Owner's Policy to be issued Â§30-10-406 requires that all documents except as otherwise provided in this hereunder upon compliance with the received for recording or filing in the clerk section. If the transaction does not close, following conditions: and recorder's office shall contain a top the title entity shall: A. The Land described in Schedule A of this margin of at least one inch and a left, right a. Release the earnest money funds as commitment must be a single-family and bottom margin of at least one-half inch directed by written instructions signed residence, which includes a condominium the clerk and recorder may refuse to record or by both the buyer and seller; or or townhouse unit. file any document that does not conform. b. If acceptable written instructions are not B, No labor or materials may have been received, uncontested funds shall be furnished by mechanics or materialmen for Note 7: Our Privacy Policy held by the title entity for 180 days from purpose of construction on the Land We will not reveal nonpublic personal the scheduled date of closing, after described in Schedule A of this customer information to any external which the title entity shall return said Commitment within the past 13 months. non-affiliated organization unless we have funds to the payor. C. The Company must receive an appropriate been authorized by the customer, or are 3. In the event of any controversy regarding affidavit indemnifying the Coinpany required by law. the funds held by the title entity against unfiled mechanic's and (notwithstanding any termination of the materialmen's liens. Note 8: Records contract), the title entity shall not be D. Any deviation from conditions A though C Regulation 3-5-1 Section 7 (N) provides that required to take any action unless and until above is subject to such additional each title entity shall maintain adequate such controversy is resolved. At its option requirements or Information as the documentation and records sufficient to show and discretion, the title entity may: Company may deem necessary, or, at its compliance with this regulation and Title 10 a. Await any proceeding; or option, the Company may refuse to delete of the Colorado Revised Statutes for a period b. Interplead all parties and deposit such the exception. of not less than seven (7) years, except as funds into a court of competent E. Payment ofthe premium for said coverage. otherwise permitted by law. jurisdiction, and recover court costs and reasonable attorney and legal fees; or Note 9: Pursuant Regulation 3-5-1 Section 9 c. Deliver written notice to the buyer and Note 3: The following disclosures are hereby (F) notice is hereby given that seller that unless the title entity receives made pursuant to Â§10-11-122, C.R.S. "A title entity shall not earn interest on a copy of a summons and complaint or (i) The subject real property may be located in fiduciary funds unless disclosure is made to claim (between buyer and seller), a special taxing district; all necessary parties to a transaction that containing the case number of the (ii) A certificate of taxes due listing each interest is or has been earned. Said disclosure lawsuit or lawsuits, within 120 days of taxing jurisdiction shall be obtained from must offer the opportunity to receive payment the title entity's written notice delivered the County Treasurer or the County of any interest earned on such funds beyond to the parties, title entity shall return the Treasurer's authorized agent; and any administrative fees as may be on file with funds to the depositing party." (iii) Information regarding special districts the division. Said disclosure must be clear and the boundaries of such districts may be and conspicuous, and may be made at any obtained from the County Commissioners, time up to and including closing. " the County Clerk and Recorder, or the Be advised that the closing agent will or County Assessor. could charge an Administrative Fee for processing such an additional services request Note 4: If the sales price of the subject and any resulting payee will also be subjected property exceeds $100,000,00, the seller shall to a W-9 or other required tax documentation be required to comply with the disclosure or for such purpose(s) withholding provisions of C.R.S. Be further advised that, for many Â§39-22-604.5 (Non-resident withholding). transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, ifapplicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Disclosure Statements .. AM./,C Â¥ First American Titleâ„¢ DISCLOSITRE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-hal f of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to tile requirements of this section. NOTE If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) Slibject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear ofrecord prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-1 1 -122, the company will notissue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company iii writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxingjurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanics lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those fiinds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that areal property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent ofan insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1 -3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parÂ·ties to the transaction identified in the commitment. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. R~... Exhibit 6 * BendonAdams February 13, 2017 Ms. Jennifer Phelan, AICP Community Development Deputy Director City ofAspen 130 So. Galena St. Aspen, Colorado 81611 RE: South Aspen Street Townhomes PUD & Subdivision Insubstantial Amendment (Parcel ID 273 131 39 001 and 004) Ms. Phelan: Please accept this letter authorizing Chris Bendon of BendonAdams, LLC to represent our ownership interests in the South Aspen Street Townhomes project and act on our behalf on matters regarding the property If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Property: Lots 1 & 2, South Aspen Street PUD & Subdivision: Amended & Restated Owner: ASV Aspen Street Owner LLC; c/o Bald Mountain, LLC Kind Regards, / 1 //fu-9 1*COf- 4%111- L-//1 I gyeyâ‚¬>/ Todd Emerson, Project Manager Bald Mountain, LLC 132 West Main Street, Suite C Aspen, CO 81611 (970) 925-2114 RECEIV;D FEB 2 1 2017- Exhibit 7 Ill 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 properiv owner or Attorney representing the property owner. Name: Todd Emerson, ASV Aspen Street Owner, LLC; c/o Bald Mountain, LLC Property Owner Cl") Email: temerson@baldmountainllc.com Phone No.: 925-2114 Address of Lots 1 and 2 Property: South Aspen Street Subdivision & PUD: Amended & Restated (subject of application) I certify as follows: (pick one) Â® This property is not subject to a homeowners association or other form of private covenant. [3 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. D This properly 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 1 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. 1 understand that this documetÂ¥ is a public document. Â»*PsÂ»2_0_ -Ju 1+#* a),sh* Owner printed name: Todd Emerson, Proiect Manager or, Attorney signature: date: Attorney printed name: 411771 \////IA 1.-V r - % NEW R **ae- .E3 Â· I ib-"" I :9Â·i f. '- ,Â¥t -4-7-9 Â·,22.,rÂ· _ - 4, }44' ' --- 4 4 44 :reh. - .23 i a -16 .8 4 :44,4 1. 1 4,1.- 81. :i 1. 1.21 b . frIii 1 4 e % ..4-I 'p 12Â·3'272'.Â° ~ " I f'lIm 5 ~ 4,1~,- , -. I 11~ 1 2. t t Â¢ f , il, . t ~ . K k . 'F b 1' 4 K 641 .3 I' '"F" 111 OWEr ..4-[:~....U,".,~I .... r11,3 .=SAL :1 1 P -1.2 1--114 - 2 1 1 -eal * b,E 1--15.11=-17 i , 1. 31.Z:Â·~Â· 1 1 ~ ,2,2-34./;U,2,1;44,4 ~ 1 ~ # ..r-': ......IM.. . 41 1 74 .1 .9 1 . i I (; 4 k 1 0.1 - d m 1 64 Â· . 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NEW WINDOW r.7 il ----FULL-WEIGIff--- ------- i NEW FIREPLACE WALL I ~~ POWDER 'ILJ ROOM7 --J I 9 toi I 1 1 Â® 00-- / 1 fr 0 11 ------ U--40 ----------- ~ SHIN WINDOW 1 LOCATION .. ~ NEW WINDOW AS INDICATED IN THE ELEVAnON PROPOSED PLAN - LEVEL 1 11 L-- I . r . t.-- 1. . %- 1. U IL-- = 1 Ir- 11 11 11 Ir--- 11 . 1 '1 1 1 I. -- .... , -1 - I \. ....... ....... ........ ...... 1 ...... 4 ..... .... I .. 4. .... 1 - ...... .... ....... ........ ... ..4 - ....... ... ...4 - ------------ ..... 4. . --------- I ... 4 ....... ....... ...... ..... ....... ....... ........ -1 111 ~ 111 ORIGINAL PLAN - LEVEL 2 Â® 51 IL ---------- STAIR SHIFTED OVER ONE TREAD TO ENURGE LANDING AT ENTRY DOOR 4 0 . 1- i â€¢, i, Â· '.- f 'SMIFE 0 . . . . . . 1 ....... I ~CORNER FIREPLACE BOOKSHELF~ ...... 1 ...... ...... AND LOG STOR. 1 ..... 4 ...... 4. .... I ..= ......... .. ....... ....... ........ ...... ... .... ........ --------- ---------- ....... .*...... --------- ..... El ...... 4 ..*.... ........ ....... ....... ....... Â«><L â€žm - ~NEW WINDOW \-SHIFT WINDOW PROPOSED PLAN - LEVEL 2 1V \ 1 ) 1 0 \ \ 1 1 It 1 1 It tt \ 1/ I \ It It -- -- -- - 1 . 0 Â® --- 1. /1 1 1% 1 01% \ 1 11 \ 12 1 /1 it- \ r------7 1 1 1 ---1 \1 ---7 L--- \ i .1 L-- 1 1 it ORIGINAL PLAN - BASEMENT 1 1 1 t 1 1 1 // 00 ,, it 11 It 1 , It It 1 1 11 i i It 1 1 1 1 1 , It It STOR.1 BAR 1 UNDER \ | STAR 1 1\A/- Pll .:E) 11 1 === 1 H I 91 1 --- r- HOSE BIB SINK r--7 r------7 11 1 1 11 1 1 L__J L---__-J 161 -/ lili , 11 11 11 11 PROPOSED PLAN - BASEMENT lili 11 11 11 11 It 11 11 11 11 11 . THE CITY oF ASPENI Land Use Application Ntermination of Completeness Date: February 28.2017 Dear City of Aspen Land Use Rev, . 'cant. We have received your land use application for S. Aspen Street rownhomes. PD Amendment request reviewed it for completeness. 61 Your Land Use Application is incomplete: Please submit the following missing submission items. 1. A disclosure of ownership of the parcel proposed for development. consisting of a current certificate from a title insurance company or attorney licensed to practice in the state (no older than 6 months), 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. The title commitmem is older than 6 months. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. 1.3pk You. (whA~ 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_~frz Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No_*_ Commercial E.P.F. Lodging PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0020. 2017.ASLU 8~37.2017.ASLU~ PARCEL ID NUMBERS 2731 31 39001 & 04 PROJECT ADDRESS LOTS 1&2 SOUTH ASPEN STREET AND 675 E DURANT PLANNER SARA NADOLNY CASE DESCRIPTION fisA EXEMPTION~& PD AMENDMENT REPRESENTATIVE TODD EMERSON DATE OF FINAL ACTION 6.26.2017 CLOSED BY ANGIE SCOREY 6.29.17 Opermts 2,735 ' [ 31 -3)01. 004 0057 5 1 -1. As 601 - m ~Elelp *iÂ» 'L..~. ..1 â€žI~.1- 4 1 1/<:Lci-. .. . ~ . I ,'/ 1.11* -6-- i Q.le:fi<aa.1 i N 4 * H mi ri),lump L: 2.Illiol 6 1 !2*j * 3 8 3 '94"i/3 .5[13 a ) 9 al . ~Main~ Custom Fields Routing Status f Fee Summari I Â¥bons T Routing Mistory 1 ~1.*!*:-Â«RE ",77Â©Ce*/577%0%*N M.Vt ~91Â¥0~38>T'â‚¬99/"dw:â„¢~Wlâ€ž I. â€ž - Permit type 4- aslu , ~Aspen Land Use Permit # 0037.2017.ASLU ~ Address C SOUTH ASPEN ST 1 Â· Â· Apt/Suite 6 'city ASPEN State CO Zip 81â‚¬.11 4 R permit Infbrmation j~.' ~. .*,2-1. :-Sdi~&,.. aj....dilillill Routing queue aslul 5 Applied 05405,2017 ~ , Master permit Project Stall,s pending Approved ~ , g Description APPLICATION FOR INSUBSTANTiALA.MENDMENT| Issued ~ 4 Â®%:RCEL ID NON[ AI TI 112 11Mt- 2030.35/ ia i , 0,~, 80* Closed/Final 1, Submitted CHRIS BENDON 925 2855 Clock Running Days 1-~4| Expires 04/30,2018 Submitted via ~ ~~- k~1-L F. 2-,1 -Â¥.4.... . Ieâ€¢$~RI~... r.-///I"&'$%.=.-Alâ€ž.I..'..i....-.....'- Owner ~--- ' - - - Last name ASVASPEN STREET OWNEI Â· First name TODD EMERSON 132 W MAIN ST UNIT C Phone (970 925-2114 Address ASPEN CO 81811 ~ Applicant ~ Owner is applicant? m Contractor is applicant? Last name ASVASPEN STREET OWNEI First name TODD EMERSON 132 W MAIN ST UNITC Phone (970> 925-2114 Cust # 30â‚¬48 Address ASPEN CO 81611 Email Lender Last name Â· = First name Phone C) - Address AspenGold5 (served_|I angelas k~~[1 of 1 c Â£*t 1 ( 301 4 1300.00 No eqi-â€ž-2% 'kil. v &0 it *0<6 10(7 t -All--,Ul 0051. Â§416NÂ»'hfill 01~ ~- sdfloig clell RECEPTION#: 639409, R: $48.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 8, 06/26/2017 at 09:47:48 AM Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For an Insubstantial Amendment to the Planned Development for the South Aspen Street Townhomes Subdivision/PD, Situated in Section 13, Township 10 South, Range 85 West of the 6 th p.M City of Aspen, County of Pitkin, State of Colorado Parcel No. 2735-131-39-004 APPLICANT: Todd Emerson, ASVS Aspen Street, LLC c/o Bald Mountain, LLC 132 West Main Street, Ste C, Aspen CO 81611 SUBJECT & SITE OF AMENDMENT: Aspen Street Townhomes Lot 2, Units 8 and 14 South Aspen Street, Aspen CO 81611 SUMMARY: The applicant is . - Il /. proposing changes to two units ~~?4~4.8.4 I- *-AF Â·%â€ž. 2. E 5eulli /4e,1 5lted C. Al located on Lot 2 ofthe South Aspen 9,F 1/ACI. 4 k L~--1 Street Town-homes project. Changes L.Â¥b Al 9 1 k 14 include increasing a roof line at Unit -,~~ 6 7 n ./ 8 Â· 8, removing a small north-facing , 10184~ ..1 - 1, -- I to l window at Unit 14, and enlarging a F~lll, tl|Jil -3 south-facing window also on Unit wify# - 1, 14. ' ~ p 4: y -1 Figure A- Site plan of South Aspen Street ' 1 Townhomes Lot 2. Subject units 8 and 14 'lt /4 are starred. : BACKGROUND: The South Aspen Street Planned Development was amended via Ordinance No. 23, Series of 2013. The project consists of two lots. Lot 1 was approved with three multi- family structures - two containing 15 affordable housing units between them, and one containing five free-market units. Lot 1 was also approved with a sub-grade parking garage. Lot 2 was approved with four structures - a single family home, and three triplex buildings containing nine free-market units between them. The approval required a Final PD Development Plan Set that included an architectural character plan depicting massing, fenestration and materials for each building among other items, reflecting what was recorded as Exhibit C (Architectural Character Plan) to the approval. 1 REQUESTED REVIEW: â€¢ Insubstantial PD Amendment per Section 26.445.110(A) related to a request for a change to fenestration and roof length related to two multi-family units at the Aspen Street Townhomes. The Community Development Director may approve, approve with conditions, or deny this request based on the criteria found in Exhibit B to this memo. PROPOSED CHANGES: The first request involves Unit 8 of Lot 2, which is the interior end unit of the triplex at the corner of S. Aspen and Juan Streets. The applicant is proposing to extend the roofline an additional four feet on the western side of the building to provide more shade on the upper level deck, which will receive southern and western sun exposure. There is no increase in floor area as a result of this change. The roof was previously approved as seen in Figure B, south elevation, below. The roof will continue the same gabled form and pitch as previously approved, but will extend four feet over the unit's deck, as seen in Figure C, below. 9112-23/1 Ma 1 1 --1 1 -==1 '1*24 / / - ' ' -i '1 1 -+- '1-==7 ..7-71.-- ,/ .========r : '1 1 1 -t-Lf - Ill. --; --1 \ 1. 1 J.lu-- 1.. 1 -4 ' 1. ====1 , - I I / /Izal.. 3131*- **32*EZZE*l | %~5 171 4 .Â·Â·,Â· ,Â· -1 1Â£1; .: - iÂ·il.... ..r. 1: n#~111..51=21 -41+ IUÂ·175- k: Gâ€¢.1 1-12:V...." nÂ·ir'Giv er ~ rle, L ..7 -1 -==91 ' F- 48,0., 441-.M-WL.WNf-Ur--11,4 1 1 , 1 L - L--- 1 111 11 Ill 1 1 r- ......... 111 1 1 111 1 1 -- lili 111 || | | ||| | N.J &-111 1 1 -1/ L -11 IF----91 1 P==-==91 --M--H i i -1,-Â·+Â·- - Â· mtil 4--4- - -1+ - +1 -1-1 -- 1 1 1 1 1 Figure B, above left - South elevation of Unit 8 with approved Figure C, above right - South elevation of Unit 8 with proposed roof line. extended roof line. The next request involves Unit 14 of Lot 2, the last unit in the lot's third triplex. The applicant is requesting an increase to the size of a window on the unit's southern faQade. The previously approved window is a square opening that measures 4' x 4'. The proposed window will reflect the - -~ Existing 4'x 4' n -4-t1 .: ~317., 1 *Sen u__ window -11 rl Ill 2 1 -1 111 1 1 8 11 fli 11 7118 11'%79Â»-*-hert..,.gg 1 1 1 1. .[&-.1~ --:LVI~--:*: 4 - |' L -- -- 1 ; 1 I r .MI- .11 - 1 E ~ - 2-1----- -1 12.-3-y-< 1=1=14 . --- U.=1 11 1 lilli 1 2 i Figure D - ---, : 9 --1 I i Previously i 2-1 IE B i : approved 1//~====/=/2 1 1 1 1 ". 1 1 ;rr\SCUTW EL.EvATIC>N . re-liT FLANO ; 11 1 1 : southern elevation i 1 U' 1 1 W-=WW, , 1 11 1 I of Unit 14. 2 shape of those just to its right, and will span from the stone veneer nearly to the roof of the feature. The owner is requesting this change to better capture the mountain views from within the unit. The subject window is on the southern, non-street facing fagade of the building, Fenestration changes are depicted in Figures D, above, and Figure E, following. r--~ 7 .7-L -i,2 ~ ~'~f===~Ti3T~,11 11 lillil 11..9-Â·--7 - | ILLLULL....-- ,|AltfRE#RK,*m 2 C./....62..-A-A-A-J 1 1 1 11 1 1 1 -L 1 ----1 1 --2 3 j=|=ZI==#MI El-'T-1 ~~ )r- 1 11 IELL_15 1! n).'T 1~ j r-lEnd k = r -'u I " 'IN, i' 1 1 Irm 11 AL-j' 5, db rrr-1 " ~ 2 --7- 91 F- - - -- - 4 t.it- J I 11 1 ap--_-li-------Ill_.-~___.-1 U L--1. 1 11 IL->-1 - -- -4 1 1 1 1 11 1 Figure E - Southern elevation of Unit 14 with enlarged window highlighted. The applicant is further proposing to change the approved fenestration of Unit 14's northern fa~ade by removing a small window near the unit's chimney, as seen in Figures F & G, below. Ld 18*62 - PL_ i.1 =1 w i , -7nug 11[7 -REE --HZ.1 1 4 - --LLIJ'1.1 *11'll. 11 1 <Â·44.1 1 m.' .*r '=. 1.1.r. :11.t"1 Ezzl i *~4*4*661* lili|~11Â®. * 1 ==1 'fl~ - 111- M&1-T-~Â£(SE<,f<*111.M'NIFI']-' Im=[ r Ak' .,.:â€¢'' .Â·6' ' ,"-1 .'A,1 .9.9 .Â·,~.77 6'H ?19-9'2*4-AF:A-dx -14;CKAÂ»/16Â»70Â«0~$04-h:~1<- i " 11 It 1, i : it H ii 11 1 1 1 111 11 1 117/ Figure F - Previously approved northern fagade of Unit 14 with subject window highlighted. 3 31 \ 1 in' 3[j-re'- 1 -[1411:LIEÂ·Â·'ll"" 1- ul~off-0~ 1 Ir-n ---- < '1-thr[]2-73~+IKfiC lE 1: -I .9 -- .. till 1 1 1 '-- '- 1 ,/lilli / MAÂ·*Â·f-~ :-- ri ~mmalÂ«>- j&*,a~ii@ lili I -5 ,-:_ 5.'-2. - ,-2 .+~rj~kiltÂ·<-14,1'.7~9,-:-242~/FLS-<,1.,r-:'B--4' ' if r ' 10.1.1 -.4-444-*.1-6-'71 It311 1 IMP ' 1 1 3 IN-1- 1 1 1 - t Â·--f Figure G - Northern elevation of Unit 14 with removed window near chimney. STAFF EVALUATION: Staff has reviewed the proposed changes against the review criteria for an insubstantial PD amendment, and finds the following. The reqiiests are limited to the removal of a minor street-facing window, change in the size of a non-street facing window, and extension of an existing roofline. The propose changes do not alter the use or character of the development, which remains multi-family housing, and are limited to minor aesthetic changes which Staff finds to be insubstantial in nature, having nominal impact on the affected structures and overall project. The request does not require any variations from the projects allowed use, and no changes are proposed to the approved floor area, height, or other previously approved dimensional requirements. Staff finds the request to meet all the required criteria for an insubstantial PD amendment, as detailed in Exhibit B, Staff Findings. Of note, the original vesting date for the South Aspen St. townhomes project has expired; however, the project is still valid under an active building permit. This approval does not extend the vested rights of the project. DECISION: The Community Development Director finds the application for an Insubstantial PD Amendment for a four-foot extension of a roof line at Unit 8 and an increase in window size at Unit 14, as noted above, to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request. 4 APPROVED BY: 1 . '4~1(MAX>LA. j J unt 13,101-1- ~_~ssica Gaâ‚¬gk, Community Development Director Date Attachrnents: Exhibit A: Roof and Fenestration Changes (recorded) Exhibit B: Staff Findings (In file) Exhibit C: Application (In file) 5 Im Exhibit A Roof and Fenestration Changes A. Roof line change to Lot 2, Unit 8 O 000 0Â®00 13 1 4~414111 unt#36.-72.312 - 27Â·-In , ~.4 - F#@*1221!21*L--7 1 1 1 0.1. 111 1,1 1 1 1 =PA- 1 1 1 k. ./ - 11 ' -~ 01,1,7111, 11 1-11 /9/)PROPOSEP SOUTH ELEVATION 0 4- I 1 1 -- 2.--1 1 .1 ..1 1 i 1 1 111 1 1 1 111 1 P - -11 1 1 - 'll I '' 14 |r 1 1 1 /lhEX|BTING SOUTH ELEVATION ./14/701/ B. Removal of window on south facade of Unit 14. ~ Ma-.1 4, 6--- T H ; 11 i-kie-Fll H+U-z , & - 11 1 +-- 1 I L--i-J 11~111 11'*HY..11 Ir 4 -- b' 111. 1Â·11 1,1 ' .1111199 1 1 113. = i lilli- /70 7 1 .1 ~illl'llilli '1 - 1 1 11- - 2. n dE] ilmwi11111111111'111 -'11:'Lm-will '111.IN 1 1 _.----7 -AÂ·'I/A-h=k CAA u=-e- Dr googa 9Â£16Â£:ER* . / 1 - It ~11111 F'111111111 1 11'~Alr T- :1!111111111,1 ,1.- 6Tf-:111 1--71 ' L.-1 11. ~ 41 1 I : A=Z ==- 1 IP====EJi iriv-7 rÂ· --1 r---- i 'LUL-J. 5 - 1 Tll - 2, L_____. 11 11 2 .27-7 r 4 1 1 ' trh-1 N N -1 i r 1 Cl F'T-3 1 ~ i ~ 'Â·,IT'-7-7-li--------1----- --- ~ !1 ' ''11 1 1 1 -------1 1 r------62/1-ZiZEZZI~-------- 1 1 1 /ThPROPOSED REVISED SOUT!4 ELEVATION -- lili 1 1 1 1. 11 1 I L.-1.2-1-1 95&443~~~9.11 H; 1 411 1 71-71 11 1 1, 11 1 J--or-* - E .1 I it.1-un='Unt 1 -- - Jt'-rit 1- -1 11 T-- i:<-=r- 2 :i . 21 -Jii 8- ~- r -NI- -1 1 r- -1*21 i ~| E || , 1[r-?r k====Ul 1 11 1 1...1 '11 1 '11,=-1----------------4-1 ~.lb 11 1 6 -AL.-- 11 11 . C-$-/U--- Li_j i 1 11 < 11 N L__1-31 r -4 11. I rihEXISTING GOUTW ELEVATION . I JUBÂ·. P./- C. Fenestration size change on north fat;ade of Unit 14. -C]r AL 1 111 111 1 Pl 1 1 , .K 4&~-ggg ~- ~@N&*~ITELL~ 1 ' it|_1 262:1 > -; 1-Ul 1*2 r 2 - 1- 1 - 471 M LiÂ·'ClÂ·: .Cl'-42. ---r-+ '-fp.7 ri zi-*r-T=;22=Fi:RTH<.2/Z1~~4)/TL~~r | .1 "~'l ~ ~~~ + M *~1 2 T ~LA.-1.... 1 , 1.-CL,-LL 4%~221Â£YÂ»-iÂ»* ----*I--I-0..S , ,-t~-I.F.,06.77-:-I.77<~A ,-Ar,h.r:*:.-ikf~ Â£ l 11 1 * . 11 gAPROPOSED REVISED NORTH ELEvATION L:z=-Â»6--- 1 1 , . 1 . . , 4 [~94: 1:Â»- "Â·-Â·-Â·-Â· ULL]3 4 1 .... - - - fli(,4.-:70 f.tisp.944 1.-10 -:.1,11911,1,1.0.... ,.. hEEM.71, *=ffittifFF lili I-I Â·i illi ill lUz 1 t.-- 4 n=-9@9lmemil][R, I - - 1 - 7=trl*rr -prÂ»ny f kga*nt...6148&~1.L - - .-w -A,)04:27>122..>ti?,2-.144.2.02:4.P,4Â·2-]~ , lili . Â¥44*14*r.-1>irri i al W M i 11 - 1 1 11 1.- rnEXISTING NORTH ELEVATION C 1- .1.0. Exhibit B Staff Findings 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. Staff Response: The applicant has three requests related to two different units at the South Aspen Townshomes, Lot 2, upper triplen The first is to extend the overhang of an existing roofline on Unit 8 by four feet to the west in order to provide some overhang coverage to an approved deck. The second request involves removing a small window near the chimney of Unit 14. And the last request is to change a window on the southern falade of the building from 4x4 window to a larger vertical window that spans from the stone veneer to nearly the roojline, matching the two windows to the right of this on Unit 14. The use of the development as multifamily residential remains unchanged by these requests. Additionally, these requests are minor and do not change the character of the development. Sta#Jinds 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 Response: The requests do not change the floor area, size or other dimensional requirements associated with the project's original approval, nor the approved roofform. Staffjinds the requests to be insubstantial in nature, and for 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 Response: The requests do not require a variationfrom the project's allowed uses nor an increase in the allowed height orfloor area. Stafffinds 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 Proj ect Review, or otherwise represents an insubstantial change. Staff Response: No changes are being proposed to the project's approved dimensional requirements. Stafffinds this criterion to be not-applicable. 5. An applicant may not apply for Detailed Review if an. amendment is pending. Staff Response: The applicant has no need for or intention of applying for Detailed Review at this time. Stafflinds this criterion to be met. 1 U (lit 8 Â® BendonAdams April 28, 2017 RECEIVED MAY 4 2017 Ms. Sara Nadolny Community Development Department CITY OF ASPEN City of Aspen COMMUNITY DEVELOPMENT 130 So. Galena St. Aspen, Colorado 81611 RE: South Aspen Street Townhomes Â· -Ha - -Minor Amendment for Roof design on Unit #8 -. l 1 1. F ,â€¢ Ms. Nadolny: 30 24 - 1 Please accept this request to amend the approvals for the ./lip'.irit'll/f:J -9 I .41 : I South Aspen Street Townhomes project to change the roof .1 -nu ..1 - 2- design on Unit #8. This unit is the upper unit of the lower 89 *! /9/ - triplex on Lot 2. 4 " The purchaser of this unit is requesting changes to the roofline at the rear (west side) of the building. All other aspects of the project approval will remain unchanged. The roof mimics the existing roof and extends the element by approximately four feet to the west. The additional roof area will be of the same material and character and appear as an original design concept. The change is being proposed to provide additional shade on a deck area which has significant southern and western exposure. Please find plans detailing the proposed change. Please contact me with any questions or concerns: 925- 2855 or chris@bendonadams.com Attachments: Kind Regards, 1. Review Criteria 2. Application Form 3. Pre-Application Summary 4. Agreement to Pay Form 5. H OA Fo rm Chris Bendon, AICP 6. Authorization to Represent Principal 7. Proof of Ownership BendonAdams, LLC 8. Plans 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM RECEIVED MAY 4 2017 Exhibit 1 CITY OF ASPEN C*UNITY DEVELOPMENT Review Criteria 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. Response - The use and character of the project will remain the exact same. The extension of the roof ridgeline is on the back (western) side of the building and not visible from South Aspen Street. The pitch, proportions, and materials of the roof are not changed and the extension will appear as an original design feature. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Response - The project, its conditions, and its expectations will remain unchanged. The amendment is limited to an extension of the roof form to better cover an upper level deck and provide shade. This minor aesthetic and functional change that will result in an improved project. 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. Response - No changes to the project's uses or dimensions are proposed. The deck area will continue to count as deck area and is not changing in any dimension. 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. Response - The request is limited to amending a minor project detail that could not have been foreseen during the review process. The close examination of the design led to this desire to provide more shade on the upper level deck, which will receive southern and western sun exposure. 5. An applicant may not apply for Detailed Review if an amendment is pending. Response - The project is fully entitled, under construction, and the amendment does not require application for Detailed Review. Exhibit 2 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION 0037.20)7456-U PROJECT: South Aspen Street PUD Name: South Aspen Street Townhomes Subdivision & PUD: Amended & Restated Location:_South Aspen Street, Aspen CO 81611 Parcel ID # (REQUIRED) 26-4@1-39-003-819cl-004- 1165,\31 37 ' 00Â£t RECEIVED MAY 4 0017 APPLICANT: C4219#. 4 Name: Todd Emerson, ASV Aspen Street, LLC c/o Bald Mountain, LLC -. , y r., - FEN UC FU 08'IENT Address: 132 West Main Street, Suite C, Aspen CO 81611 Phone #: 925-2114 REPRESENTATIVE: Name: _Chris Bendon, BendonAdams Address:_300 So Spring Street, Aspen, Colorado 81611 Phone#: 925-2855 1 GMQS Exemption El Conceptual PUD D Temporary Use 1 GMQS Allotment 1-rl Final PUD (& PUD Amendment) Special Review Subdivision (Insubstantial Amendment) D Conceptual SPA U ESA-8040 Greenline, Stream Fl Subdivision Exemption (includes U Margin, Hallam Lake Bluff, Condominiumization) U Mountain View Plane U Final SPA (&SPA 1 Commercial Design Review D Lot Split Amendment) Â£ Residential Design Variance ~ Lot Line Adjustment F-1 Small Lodge Conversion/ Expansion E Conditional Use Other: E'<ISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PUD-approved residential townhomes five-plex building and tri-plex building including approved exterior materials and elevations PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Amend roof of Unit #8 by extending upper ridgeline to the west. Have you attached the following? FEES DUE: $ 1,300 90 Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Form 91 Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards EÂ® 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. ~Garch,2316 CITY OF ASPEN Exhibit 3 PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: April 26, 2017 PROJECT: South Aspen Street PD - Minor Amendment to a Project Review Approval REPRESENTATIVE: Chris Bendon, Chris@bendonadams.com DESCRIPTION: The Applicant is interested in an extension of an existing roof form at one of the non- street facing free-market units of the lower triplex at the One Aspen Phase Il project. The additional project appears to be minor in nature and will be reviewed for consistency with the criteria for an Insubstantial Amendment. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.110.A Insubstantial PD Amendments Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: Land Use Application Land Use Code: ft Land Use Code Review by: Staff for completion and administrative review Public Hearing: None Planning Fees:$1,300 Deposit for 4 hours of staff time (additional planning hours are billed at a rate of $325/hour). Total Deposit: $ 1,300 Please submit the completed application to the Community Development Office on the Third Floor of City Hall: [Â¥- Completed Land Use Application and signed fee agreement. CP' Pre-application Conference Summary (this document). 4 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. 6 ASLU < Little Nell PD / 675 E. Durant / ESA Exemption (View Planes) / Parcel ID No. 273718250101 L_ 1 APR.2 8 2017 C(~~F AS ENK[ RECEIVED D''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. c~4Â·~oA Compliance form (Attached) [5~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. O An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. O 1 Complete Copy of all application materials. If the copy is deemed complete by staff, the following items will then need to be submitted: m Total deposit for review of the application. Il a digital copy of all application materials 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 RETAIN FOR PERMANENT RECORD Exhibit 4 OTYOF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 4 2 r--.t.*I. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and 003-7,;20/7.*61 ~ Properly ASV Aspen Street Owner, LLC; c/o Phone No.: 925-2114 Owner ("1"): Bald Mountain, LLC Email: temerson@baldmountainllc.com Address of Lots 1 and 2 Billing Todd Emerson R-,3 Property: South Aspen Street Subdivision & PUD: Address: Bald Mountain, LLC P cr. (Subject of Amended & Restated (send bills here) 132 W Main Street, Unit C application) Aspen Colorado 81611 IT 2 I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and#yment 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 paythe following fees for the services indicated. I understand that these flat fees are non-refundable. $. 0 flat fee for $. 0 flat fee for 5. g flat fee for $. 0 flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 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 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ .826 deposit for 4- hours of Engineering Department staff time. Addilional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: PrpperW Owne 994+44Udoâ€¢u- U.2. 4-n Jessica Garrow, AICP Community Development Director <:IELLName: TodEmerson 61*- City Use: Title: Project Manager, Bald Mountain, LLC Fees Due: $ Received $ RECEIVED MAY 4 2017 Exhibit 5 27*30: 4efÂ¢~**75 3/* COMMUNITY DEVELOPMENT D 'A. 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 properly owner or Attorney representing the property owner. Name: Todd Emerson, ASV Aspen Street Owner, LLC; c/o Bald Mountain, LL(~ o Properly /1/0 K 171 Owner CID: Email: temerson@baldmountainlic.com Phone No.: 925-2114 . Â« > th Address of Lots 1 and 2 0 71 Property: South Aspen Street Subdivision & PUD: Amended & Restated 0 > 4 1.- (subject of r rrI application) I certify as follows: (pick one) Â® This property is not subject to a homeowners association or other form of private covenant. El This properly 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. 1 understand that this document is a public document. owner signature: 04*---9Â¢426t,F:44&pl*, 0*te,r~* 6?b.540 -JU Owner printed name: Todd Emerson, Proiect Manager or, Attorney signature: date: Attorney printed name: Exhibit 6 Â® BendonAdams February 13, 2017 REEIVED Ms. Jennifer Phelan, AICP Community Development Deputy Director City ofAspen ca~~OF'4~.~1~N 130 So. Galena St. Aspen, Colorado 81611 DEHELAGNT RE: South Aspen Street Townhomes PUD & Subdivision Insubstantial Amendment (Parcel ID 273 131 39 001 and 004) Ms. Phelan: Please accept this letter authorizing Chris Bendon of BendonAdams, LLC to represent our ownership interests in the South Aspen Street Townhomes project and act on our behalf on matters regarding the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Property: Lots 1 & 2, South Aspen Street PUD & Subdivision: Amended & Restated Owner: ASV Aspen Street Owner LLC; c/o Bald Mountain, LLC Kind Regards, Told Emerson, Project Manager Bald Mountain, LLC 132 West Main Street, Suite C Aspen, CO 81611 (970) 925-2114 '.1 Exhibit 7 COMMITMENT for TITLEINSURANCE issued by ~|~|~ TITLE COMPANY r'11117 of the rockies as agent for FIRST AMERICAN TITLE INSURANCE COMPANY Reference: Commitment Number: 0704905-C2 Commitment Ordered By: Inquiries should be directed to: Todd Emerson Susan Hass Bald Mountain LLC Title Company ofthe Rockies 132 W. Main St. Ste. C 132 W. Main Street, Suite B Aspen, CO 81611 Aspen, CO 81611 Phone: 970-385-2114 Fax: Phone: (970) 920-9299 Fax: (970) 920-5352 email: temerson@baldmountainlle.com Reference Property Address: TBD South Aspen Street, Aspen, CO 81611 SCHEDULE A 1. Effective Date: February 16,2017,7:00 am Issue Date: March 06,2017 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Amount to be Determined Premium: Amount to be Detennined Proposed Insured: A Buyer to be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: ASV Aspen Street Owner LLC, a Delaware limited liability company 4. The Land referred to in this Commitment is located in the County ofPitkin, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE Alta Commitment - 2006 Schedule A LEGAL DESCRIPTION The Land referred to herein is located in the County ofPitkin, State of Colorado, and described as follows: Lots 1 and 2, SOUTH ASPEN STREET PUD/SUBDIVISION, according to the Plat thereof filed December 19,2014, in Plat Book 108 at Page 60. TO BE KNOWN AS: Unit , according to the Condominium Declaration for SOUTH ASPEN STREET PUD NORTH CONDOMINIUM, recorded , 2017, at Reception No. , and the Condominium Map recorded , 2017, at Reception No. NOTE: Upon compliance with Requirement No. 1 the legal description will be amended accordingly. Commitment No. 0704905-C2 Schedule B-I Requirements COMMHMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Duly executed and acknowledged Condominium Map of South Aspen Street PUD North Condominium. 2. Duly executed and acknowledged Condominium Declaration for South Aspen Street PUD North Condominium. NOTE: The Company reserves the right to make additional requirements and/or exceptions upon review of the Plat and Declaration contemplated by Requirements No. 1 and 2. 3. Release by the Public Trustee of Pitkin County releasing subject property from the lien of the Deed of Trust from ASV Aspen Street Owner, LLC for the use of TPG RE Finance, LLC, to secure $75,000,000.00, dated May 22,2015, and recorded May 22,2015, at Reception No. 620109. NOTE: Assignment of Leases and Rents recorded May 22,2015, at Reception No. 620110, given in connection with the above Deed of Trust. NOTE: Disburser's Notice by TPG RE Finance, LLC, recorded May 22, 2015, at Reception No. 620111. NOTE: Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by UCC Financing Statement, from ASV Aspen Street Owner LLC, to TPG RE Finance, LLC, as agent, secured party, recorded May 22,2015, at Reception No. 620112. 4. Articles of Organization for ASV Aspen Street Owner LLC, a Delaware limited liability company, disclosing the names of all Managers of said limited liability company and otherwise complying with C.R.S. 7-80-101, et seq., as amended, and evidencing the existence of said limited liability company prior to the time it conveys title to subject property, must be filed in the office of the Secretary of State for the State of Delaware, but need not be recorded. 5. Resolution or Statement of Authority by ASV Aspen Street Owner LLC, a Delaware limited liability company, authorizing the transaction, executed by the managers or members set forth in the Operating Agreement. NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited liability company and complete the transaction contemplated herein. 6. Deed from ASV Aspen Street Owner LLC, a Delaware limited liability company to A Burer To Be Determined. Alla Commimient - 2006 Schedule B-I Requirements Commitment No. 0704905-C2 Schedule B-I Requirements (continued) NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-C+LA 39-14-102. 7. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 8. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR Pitkin COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alta Commitment - 2006 Schedule B-I Requirements (continued) Commitment No. 0704905-C2 Schedule B-II Exceptions COMMIrrMENT FOR THLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B ofthe policy or policies to be issued will contain exceptions to the following matters unless the same are disposed ofto the satisfaction ofthe Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey ofthe Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 26,1949, in Book 175 at Page 298. 8. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded July 26,1978, in Book 351 at Page 940, Book 351 at Page 942 and Book 351 at Page 944. 9. Terms, agreements, provisions, conditions and obligations as contained in Lease Agreement Between John H. Roberts, Jr. and the Aspen Skiing Company, a Colorado general partnership, recorded December 2, 1985, in Book 500 at Page 605, as amended by instrument recorded October 21, 2014, at Reception No. 614729. 10. Resolution No. 3 ( Series of 2001 ) recorded February 15, 2001, at Reception No. 451526. 11. Ordinance No. 32 ( Series of 2003 ) recorded August 4,2003, at Reception No. 486407. 12. Notice Of PUD Designation as contained on Page 8 in Ordinance No. 27 ( Series of 2007 ) recorded August 8,2007, at Reception No. 540761. 13. Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD recorded December 19,2014, at Reception No. 616165, as amended by instrument recorded July 1, Alta Commitment - 2006 Schedule B-Il Exceptions Commitment No. 0704905-C2 Schedule B-Ii Exceptions (continued) 2016, at Reception No. 630425.. 14. Easements, rights ofway and all other matters as shown on the Plat of South Aspen Street PUD/Subdivision, filed December 19,2014, in Plat Book 108 at Page 60 as Reception No. 616166. 15. Notice of PUD Designation recorded July 10,2007, at Reception No. 539750, August 8,2007, at Reception No. 540693 and November 12,2007, at Reception No. 543983. 16. Contribution Agreement recorded August 2,2007, at Reception No. 540625. 17. Resolution No. 96 (Series of 2009) by the Aspen City Counsel recorded April 1,2010, at Reception No. 568178. 18. Resolution No. 68 (Series of 2012) by the Aspen City Counsel recorded August 21,2012, at Reception No. 591518. 19. Resolution No. 18 (Series of 2012) by the City ofAspen Planning and Zoning Commission recorded October 22, 2012, at Reception No. 593257. 20. Ordinance No. 23 (Series of 2013) by the City of Aspen City Council recorded December 2, 2013, at Reception No. 606010. 21. Terms, agreements, provisions, conditions and obligations as contained in Cost Sharing And Licence Agreement recorded August 18, 2015, at Reception No. 622523. 22. Terms, agreements, provisions, conditions and obligations as contained in Notice Of Approval recorded April 21,2016, at Reception No. 628736. 23. Terms, agreements, provisions, conditions and obligations as contained in Notice OfApproval recorded July 1,2016,at Reception No. 630424. 24. Easement and right of way for underground electric transmission or distribution line and related appurtenances, as granted by ASV Aspen Street Owner LLC to Holy Cross Energy, a Colorado corporation, by instrument recorded August 12, 2016, at Reception No. 631392, said easement being more particularly described therein. 25. Terms, agreements, provisions, conditions and obligations as contained in Trench, Conduit, And Vault Agreement recorded August 8,2016, at Reception No. 631249. 26. Terms, agreements, provisions, conditions and obligations as contained in Agreement For Temporary Construction Easement And Subsurface Encroachment Easement recorded December 29, 2016, at Reception No. 635044. 27. Easements, rights of way and all other matters as shown on the Condominium Map of South Aspen Street PUD North Condominium, recorded 2017, at Reception No. 28. Those covenants, conditions, obligations, easements and restrictions which are a burden to the Condominium Unit described in Schedule A, and set forth in the Condominium Declaration for South Aspen Street PUD North Condominium, recorded 2017, at Reception No. Aita Commitment - 2006 Schedule B--11 Exceptions (continued) Commitment No. 0704905-C2 Schedule B-II Exceptions (continued) Alta Commitment - 2006 Schedule B-11 Exceptions (continued) DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Note 5: Pursuant to C.R.S. Â§10-11-123 Note 10: Pursuant to Regulation 3-5-1 Regulations 3-5-1, Paragraph C of Article VII, Notice is hereby given Section 9 (G) notice is hereby given that requires that (a) If there is recorded evidence that a mineral 'Until a title entity receives written "Every Title entity shall be responsible for estate has been severed, leased or otherwise instructions pertaining to the holding of all matters which appear of record prior to the conveyed from the surface estate then there fiduciary funds, in a form agreeable to the title time of recording whenever the Title entity is a substantial likelihood that a third party entity, it shall comply with the following conducts the closing and is responsible for holds some or all interest in oil, gas, other 1. The title entity shall deposit funds into an recording or filing of legal documents minerals, or geothermal energy in the escrow, trust, or other fiduciary account resulting from the transaction which was property, and and hold them in a fiduciary capacity. closed." (Gap Protection) (b) That such mineral estate may include the 2. The title entity shall use any funds right to enter and use the property without designated as "earnest money " for the the surface owner's permission. consummation of the transaction as Note 2: Exception No. 4 of Schedule B, evidenced by the contract to buy and sell Section 2 ofthis Commitment may be deleted Note 6: Effective September 1, 1997, C.R.S. real estate applicable to said transaction, from the Owner's Policy to be issued Â§30-10-406 requires that all documents except as otherwise provided in this hereunder upon compliance with the received for recording or filing in the clerk section. If the transaction does not close, following conditions and recorder's office shall contain a top the title entity shall: A. The Land described in Schedule A of this margin of at least one inch and a left, right a. Release the earnest money funds as commitment must be a single-family and bottom margin of at least one-half inch directed by written instructions signed residence, which includes a condominium the clerk and recorder may refuse to record or by both the buyer and seller; or or townhouse unit. file any document that does not conform b. If acceptable written instructions are not B. No labor or materials may have been received, uncontested funds shall be furnished by mechanics or materialmen for Note 7: Our Privacy Policy held by the title entity for 180 days from purpose ofconstruction on the l.and We will not reveal nonpublic personal the scheduled date of closing. after described in Schedule A of this customer information to any external which the title entity shall return said Commitment within the past 13 months. non-affi] iated organization unless we have funds to the payor. C. The Company must receive an appropriate been authorized by the customer, or are 3. In the event of any controversy regarding affidavit indemnifying the Company required by law. the funds held by the title entity against unfiled mechanic's and (notwithstanding any termination of the materialmen's liens, Note 8: RecordsÂ· contract), the title entity shall not be D. Any deviation from conditions A though C Regulation 3-5-1 Section 7 (N) provides that required to take any action unless and until above is subject to such additional each title entity shall maintain adequate such controversy is resolved. At its option requirements or Information as the documentation and records sufficient to show and discretion, the title entity may Company may deem necessary, or, at its compliance with this regulation and Title 10 a. Await any proceeding. or option, the Company may refuse to delete of the Colorado Revised Statutes for a period b. Interplead all parties and deposit such the exception. of not less than seven (7) years, except as funds into a court of competent E. Payment of the premium for said coverage. otherwise permitted by law. jurisdiction, and recover court costs and reasonable attorney and legal fees, or Note 9: Pursuant Regulation 3-5-1 Section 9 c. Deliver written notice to the buyer and Note 3: The following disclosures are hereby (F) notice is hereby given that seller that unless the title entity receives made pursuant to Â§10-11-122, C.R.S. "A title entity shall not earn interest on a copy of a summons and complaint or (i) The subject real property may be located in fiduciary funds unless disclosure is made to claim (between buyer and seller), a special taxing district; all necessary parties to a transaction that containing the case number of the (ii) A certificate oftaxes due listing each interest is or has been earned. Said disclosure lawsuit or lawsuits, within 120 days of taxing jurisdiction shall be obtained from must offer the opportunity to receive payment the title entity's wr-itten notice delivered the County Treasurer or the County of any interest earned on such fiinds beyond to the parties, title entity shall return the Treasurer's authorized agent; and any administrative fees as may be on file with funds to the depositing party." (iii) Information regarding special districts the division. Said disclosure must be clear and the boundaries of such districts may be and conspicuous, and may be made at any obtained from the County Commissioners, time up to and including closing. " the County Clerk and Recorder, or the Be advised that the closing agent will or County Assessor. could charge an Administrative Fee for processing such an additional services request Note 4: If the sales price of the subject and any resulting payee will also be subjected property exceeds $100,000.00, the seller shall to a W-9 or other required tax documentation be required to comply with the disclosure or for such purpose(s). withholding provisions of C.R.S, Be further advised that, for many Â§39-22-604.5 (Non-resident withholding) transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, ifapplicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Disclosure Statements ,1 AMER'c I 4 - 4 First American Title'~ Vhtf-ft&% DISCLOSITRE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all docitments received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE If this transaction includes a sale of the property and the price exceeds $100,000,00, the seller must comply with the disclosure/withholding provisions of C.R. S. 39-22-604.5 (Nonresident withholding) NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date ofthe title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursualit to C.R.S. 10-11 -122. the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent, or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject properly may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. I f there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded lions ,+ill include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property' transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)00, It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent ofan insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. "Appes Â® BendonAdams April 28, 2017 Ms. Sara Nadolny Community Development Department City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: South Aspen Street Townhomes - - ,Â·iÂ·; . .:..4 .... -Minor Amendment for Roof design on Unit #8 t j -- '' 4 r ' 4 y Ms. Nadolny: , AN 4 4 Please accept this request to amend the approvals for the F 1- 1,-~.1 I South Aspen Street Townhomes project to change the roof t Â· Â· *i design on Unit #8. This unit is the upper units of the lower triplex on Lot 2. 'F The purchaser of this unit is requesting changes to the roofline at the rear (west side) of the building. All other aspects of the project approval will remain unchanged. The roof mimics the existing roof and extends the element by approximately four feet to the west. The additional roof area will be of the same material and character and appear as an original design concept. The change is being proposed to provide additional shade on a deck area which has significant southern and western exposure. Please find plans detailing the proposed change. Please contact me with any questions or concerns: 925- 2855 or chris@bendonadams.com Attachments: Kind Regards, 1. Review Criteria 2. Application Form 3. Pre-Application Summary 4. Agreement to Pay Form 5. HOA Form Chris Bendon, AICP 6. Authorization to Represent Principal 7. Proof of Ownership BendonAdams, LLC 8. Plans 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM .. ...... ; *S # U ..0, - , r t. 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ARCHITECTS - AIX ARCHITECTURE, PLANNING, INTERIORS P. 0. Box 2773 620 Main Street. Suite 8 Frisco, CO 80443 Tel: 970.668.1133 FIc 970.668.2316 WWW-oparch.com = CL B Z iIi O 41 AiÂ» ONE 1 110 3.2,4.El of),1 FT,71 . 2 1 TET,77 - 1 L E] [F IFT-I l l I L -11&6tik Jll:jl@iti*31iig=:ij~1000*:~~ - ..1 ..Â» 11- 1 - 1.-11,. Revisions: --CI L - - 1.ElL-u.-a~L i ri ~rI 11 ~mqi'Ir'3~ IH PI R 58Â¢3 1#14 Lul[El[Emat,m.1~ )11 11 1 1.kivII 1 I k. Ellit' I --H: 1 1 1 1 Jfn- O7~EAST ELEVATION AT SOUTH ASPEN STREET Date: 04.28.20|1 ( 400 7NTS Project No: 254100 Drawn by: JMC Checked by- Â© COPYRIGHT aEVATION 22 . OCIV*)100 'hedsÂ¥ ~5 NomAIC]enS /and 1332US hadsÂ¥ HinOS :51 1 n % 2 Â·17 X31dl~Il ZI3AAO-I 9 5 33 - 6 -4 i g %i .:R,2 11 3SVHd NadSV BNO i. 1 ilil< d f INE 0 4% ' 4 *18 r.% 4 4 1 4 1 19 4 fb 1 : I lili *& 1 BE it 1 *-61 11 1 1 CÂ»_1 _ c~~1 Ill . 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FA -' - 11 Q. 4 Â· 111 11 U 1 -''' '4!Ii ' It 0 0-- 111~ 11 1 --1 1,1 11 1 1 11 4 1 2-==--3, 'iwii-= -= - L-Â·'1 u .... 1 It * M I L ' f \ 1 1 U C F-Tl 1 -It 2-=q= 1\1; . - l.3~\L.-1 l --,1 1 1 1 1 if .0 1-li- -. I /1 1 1 5 4 1 1 1 11 1- 8 4 1 1 3 1 11 - -,6-/ 4 - : 11 '--31 " ' '4/ 1 11 111 6 11 == -It 1 It -4-----------------------------1- .., '1 1 1 --I---- XI== 11.2 \ 4.11 ----ij -% - - 11/-- 1 -- ~ ..\ E ZE=ZE=ZE-ZE---=-==-====---- -- ------------11 ONI 'dl Â£*3 ~~1 RECEIVED THE CITY OF AsPEN Land Use Application MAY 4 2017 Determination of Completeness CITY OF Abrt Date: May 4, 2017 -ANT, DEVELOPAT Dear City of Aspen Land Use Review Applicant, We have received your land use application for South Aspen Townhomes Planned Development Unit 8 I Insubstantial Amendment and reviewed it for completeness. 9 Your Land Use Application is complete: Please submit the following missing submission items. â€¢ $1,300 Fee â€¢ 1 additional hard copy of the complete application â€¢ Electronic copy of complete application in PDF format to Hillary.seminick@cityofaspen.com Other submission items may be requested throughout the review process as deemed necessary by the Coinmunity Development Department. Please contact me at 429-2741 if you have any questions. 71~1~YOU, 5 f * nillky < Pl*ner Citf of 2 __r ---, - -mfAunity Development Department For Office Use Only: Qualifying Applications: Mineral Rights Nolice Required New PD_FUL Yes No 1/ Subdivision, or PD (creating more than 1 additional lot) pLC- GMQS Allotments, Residential 4*- 0- Affordable Housing k.c- Yes No v/ Commercial ,/to- E.P.F. FUA-- Lodging A 6... U Pwl- Â® BendonAdams May 2, 2017 Updated June 9, 1017 RECEIVED Ms. Sara Nadolny JUN 0 8 2017 Community Development Department City of Aspen CITY OF ASPEN 130 So. Galena St. COMMUNITY DEVELOP'WENT Aspen, Colorado 81611 RE: South Aspen Street Townhomes -6-=P-- -Minor Amendment for window change on Unit #14 ivi- .; W.,ill/A.,I, |i - H . J. %:. 9 'l ' -11 1 Ms. Nadolny: 1 0 3 - i - Attached is a revised plan showing the new design for the windows on Unit #14. Unit 14 isthe upper-most unit of the *. 1"1 1 upper triplex on Lot 2, ,111- â€¢~.5 4 '21 <t 4 4Â· - + All other aspects of the May 2nd application remain the - v same and are not reprinted. Please contact me with any questions or concerns: 925-2855 or chris@bendonadams.com Attachments: 1. Review Criteria Regards, 2. Application Form 3. Pre-Application Summary 4. Agreement to Pay Form 5. HOA Form 6. Authorization to Represent Chris Bendon, AICP 7. Proof of Ownership Principal 8. Vicinity map BendonAdams, LLC 9. Plans - Revised 6.9.17 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM '5 Â® BendonAdams May 2, 2017 RECEIVED Ms. Sara Nadolny MAY 2 2017 Community Development Department CITY OF ASPEN City of Aspen COMMUNITY DEVELOPMENT 130 So. Galena St. Aspen, Colorado 81611 . 11. lili RE: South Aspen Street Townhomes Ill **_~~:" tt' -*,i' - *~- *-1,6 76'ig*9#k - 11 -Minor Amendment for window change on Unit #14 _ .r-ltÂ· -4- -R-~.L.-~,BF1 - Ms. Nadolny: Please accept this request to amend the approvals for the South Aspen Street Townhomes project to change a window on Unit #14. This is the upper-most unit of the uppertriplex on Lot 2. . The purchaser of this unit is requesting to change the size of a window on the southern facade of the building. The proposed window is 5'-6" by 4'-6" and replaces a window planned to be 4' by 4'. The window is on a non-street-facing fagade and will appear as an original design element. All other aspects of the project approval will remain unchanged. Please find plans detailing the proposed change. Please contact me with any questions or concerns: 925- 2855 or chris@bendonadams.com Attachments: Regards, 1. Review Criteria 2. Application Form 3. Pre-Application Summary 4. Agreement to Pay Form 5. HOA Form Chris Bendon, AICP 6. Authorization to Represent Principal 7. Proof of Ownership BendonAdams, LLC 8. Vicinity map 9. Plans 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM RECEIVED MAY 2 2017 CITY OF ASPEN 3(*UNITY DEVELOPMENT Exhibit 1 Review Criteria 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. Response - The use and character of the project will remain the exact same. The larger window is on the southern fagade, not facing the street, and will have a negligible effect on the overall design of the project. The window will appear as an original design feature. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Response - The project, its conditions, and its expectations will remain unchanged. The amendment is limited to one window on Unit #14 to better capture mountain views. This is a very minor aesthetic change. 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. Response - No changes to the project's uses or dimensions are proposed. The window will not change dimension of the project. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Response - The request is limited to amending a minor detail that could not have been foreseen during the review process. The close examination of the design led to this desire for a larger window in this location to capture mountain views. 5. An applicant may not apply for Detailed Review if an amendment is pending. Response - The project is fully entitled, under construction, and the amendment does not require application for Detailed Review. Exhibit 2 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PROJECT: South Aspen Street PUD Name: _South Aspen Street Townhomes Unit #14 Location:_South Aspen Street, Aspen CO 81611 * 4 m U0 Parcel ID # (REQUIRED) 273 131 39 001 and 004 APPLICANT: mt 1 Name: Todd Emerson, ASV Aspen Street, LLC c/o Bald Mountain, LLC %Z Address: 132 West Main Street, Suite C, Aspen CO 81611 Phone #: 925-2114 REPRESENTATIVE: Name: Chris Bendon, BendonAdams Address:_300 So Spring Street, Aspen, Colorado 81611 Phone#: 925-2855 E GMQS Exemption E-7 Conceptual PuD E Temporary Use D GMQS Allotment rrI Final puD (& PUD Amendment) Special Review Subdivision (Insubstantial Amendment) E Conceptual SPA 2 ESA-8040 Greenline, Stream Fl Subdivision Exemption (includes D Margin, Hallam Lake Bluff, Condominiumization) 1 Mountain View Plane 1 Final SPA (&SPA U Commercial Design Review 1 Lot Split Amendment) Â£ Residential Design Variance 1~1 Lot Line Adjustment A Small Lodge Conversion/ Expansion 1 Conditional Use Other: E:(ISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PUD-approved residential townhomes five-plex building and tri-plex building including approved exterior materials and elevations PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Amend window on Unit #14 by making it larger. Have you attached the following? FEES DUE: $ 1,300 U~ Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement C~ Response to Attachment #3, Dimensional Requirements Form Dl Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards [~ 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. ECEIVED March, 2016 CITY OF ASPEN Exhibit 3 PRE.APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: April 26, 2017 PROJECT: South Aspen Street PD - Minor Amendment to a Project Review Approval REPRESENTATIVE: Chris Bendon, Chris@bendonadams.com DESCRIPTION: The Applicant is interested in an extension of an existing roof form at one of the non- street facing free-market units of the lower triplex at the One Aspen Phase 11 project. The additional project appears to be minor in nature and will be reviewed for consistency with the criteria for an Insubstantial Amendment. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.110.A Insubstantial PD Amendments Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: Land Use Application RECEIVED Land Use Code: MAY 2 2017 Land Use Code Review by: Staff for completion and administrative review CITY OF ASPEN COMMUNITY DEVELOPMENT Public Hearing: None Planning Fees: $1,300 Deposit for 4 hours of staff time (additional planning hours are billed at a rate of $325/hour). Total Deposit: $ 1,300 Please submit the completed application to the Community Development Office on the Third Floor of City Hall: 0 Completed Land Use Application and signed fee agreement. M Pre-application Conference Summary (this document). t~ 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. ASLU Little Nell PD / 675 E. Durant ESA Exemption (View Planes) Parcel ID No. 273718250101 1 i [5 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. d HOA Compliance form (Attached) ~ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. IT~ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. O 1 Complete Copy of all application materials. If the copy is deemed complete by staff, the following items will then need to be submitted: 0 Total deposit for review of the application. m a digital copy of all application materials 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 RETAIN FOR PERMANENT REOR Exhibit 4 'A â€¢ Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property ASV Aspen Street Owner, LLC; c/o Phone No.: 925-2114 Owner ('1"): Bald Mountain, LLC Email: temerson@baldmountainlk.com ~ Address of Lots 1 and 2 Billing Todd Emerson 0 00 Property: South Aspen Street Subdivision & PUD: Address: Bald Mountain, LLC (Subject of Amended & Restated (send bills here) 132 W Main Street, Unite ~ application) Aspen Colorado 81611 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 paythe following fees for the services indicated. I understand that these flat fees are non-refundable. $.0 flat fee for $ 9 flat fee for $.-0 flat fee for $, g flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient in formation 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. Ihave read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application atthe hourly rates hereinafter stated. $ 1,300 deposit for 4 hours of Community Development Department staff time. Additional tillie above the deposit amount will be billed at $325.00 per hour. $ -326 deposit for 4- hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: ProperÂ·W Ownen- i Jessica Garrow, AICP --9'~ Â®2*flnft---~*A-+ %14 Community Development Director -Name:To7Tkmerson 40*9- City Use: Title: Project Manager, Bald Mountain, LLC Fees Due: $ Received $ MAY 2 2017 RECEIVED Exhibit 5 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 bv the property owner or Attorney representing the property owner. Name: Todd Emerson, ASV Aspen Street Owner, LLC; do Bald Mountain, LLC ~ Q Property Owner CID: Email: temerson@baldmountainlic.com Phone No.: 925-2114 %o Address of Lots 1 and 2 O 77 Property: South Aspen Street Subdivision & PUD: Amended & Restated mÂ» (subject of r- U) application) Jm I certify as follows: (pick one) Â® This property is not subject to a homeowners association or other form of private covenant. El 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. 1 understand that this documen~ is a public document. Owner signature: (~1-1~FI--1426,44, t-Â¥0~W ' 0 Owner printed name: Todd Emerson, Proiect Manager or, Attorney signature: date: Attorney printed name: RECEIVED 2 2017 Exhibit 6 * BendonAdams February 13,2017 RECE/VED MAY 2 2017 Ms. Jennifer Phelan, AICP CITY OF ASPEN Community Development Deputy Director COM14/TY DEVELOPAENT City ofAspen 130 So. Galena St. Aspen, Colorado 81611 RE: South Aspen Street Townhomes PUD & Subdivision Insubstantial Amendment (Parcel ID 273 131 39 001 and 004) Ms. Phelan: Please accept this letter authorizing Chris Bendon of BendonAdams, LLC to represent our ownership interests in the South Aspen Street Townhomes project and act on our behalf on matters regarding the property If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Property: Lots 1 & 2, South Aspen Street PUD & Subdivision: Amended & Restated Owner: ASVAspen Street Owner LLC; c/o Bald Mountain, LLC Kind Regards, -,47 47 Tod|d Emerson, Project Manager Bald Mountain, LLC 132 West Main Street, Suite C Aspen, CO 81611 (970) 925-2114 Exhibit 7 COMMITMENT for TITLE INSURANCE issued by ~I TITLE COMPANY #40 RECEIVED of the rockies 0(44%14 2 2017 as agent for FIRST AMERICAN TITLE INSURANCE COMPANY Reference: Commitment Number: 0704905-C2 Commitment Ordered By: Inquiries should be directed to: Todd Emerson Susan Hass Bald Mountain LLC Title Company of the Rockies 132 W. Main St. Ste. C 132 W. Main Street, Suite B Aspen, CO 81611 Aspen, CO 81611 Phone: 970-385-2114 Fax: Phone: (970) 920-9299 Fax: (970) 920-5352 email: temerson@baldmountainlle.com Reference Property Address: TBD South Aspen Street, Aspen, CO 81611 SCHEDULE A 1. Effective Date: February 16,2017,7:00 am Issue Date: March 06,2017 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Amount to be Determined Premium: Amount to be Determined Proposed Insured: A Buyer to be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: ASV Aspen Street Owner LLC, a Delaware limited liability company 4. The Land referred to in this Commitment is located in the County ofPitkin, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE Alta Commitment - 2006 Schedule A LEGAL DESCRIPTION The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as follows: Lots 1 and 2, SOUTH ASPEN STREET PUD/SUBDIVISION, according to the Plat thereof filed December 19,2014, in Plat Book 108 at Page 60. TO BE KNOWN AS: Unit , according to the Condominium Declaration for SOUTH ASPEN STREET PUD NORTH CONDOMINIUM, recorded , 2017, at Reception No. , and the Condominium Map recorded , 2017, at Reception No. NOTE: Upon compliance with Requirement No. 1 the legal description will be amended accordingly. Commitment No. 0704905-C2 Schedule B-I Requirements COMMITMENT FOR TITLE INSURANCE RECEIVED SCHEDULE B - SECTION I REQUIREMENTS 414 K 2 2017 THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: .â€ž,vIVIVI TY DEVEL(~T Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Duly executed and acknowledged Condominium Map of South Aspen Street PUD North Condominium. 2. Duly executed and acknowledged Condominium Declaration for South Aspen Street PUD North Condominium. NOTE: The Company reserves the right to make additional requirements and/or exceptions upon review of the Plat and Declaration contemplated by Requirements No. 1 and 2. 3. Release by the Public Trustee of Pitkin County releasing subject property from the lien of the Deed of Trust from ASV Aspen Street Owner, LLC for the use of TPG RE Finance, LLC, to secure $75,000,000.00, dated May 22,2015, and recorded May 22,2015, at Reception No. 620109. NOTE: Assignment of Leases and Rents recorded May 22,2015, at Reception No. 620110, given in connection with the above Deed of Trust. NOTE: Disburser's Notice by TPG RE Finance, LLC, recorded May 22, 2015, at Reception No. 620111. NOTE: Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by UCC Financing Statement, from ASV Aspen Street Owner LLC, to TPG RE Finance, LLC, as agent, secured party, recorded May 22,2015, at Reception No. 620112. 4. Articles of Organization for ASV Aspen Street Owner LLC, a Delaware limited liability company, disclosing the names of all Managers of said limited liability company and otherwise complying with C.R.S. 7-80-101, et seq., as amended, and evidencing the existence of said limited liability company prior to the time it conveys title to subject property, must be filed in the office of the Secretary of State for the State of Delaware, but need not be recorded. 5. Resolution or Statement of Authority by ASV Aspen Street Owner LLC, a Delaware limited liability company, authorizing the transaction, executed by the managers or members set forth in the Operating Agreement. NOTE: Review Operating Agreement for authority of party(ies) to act on behalfof said limited liability company and complete the transaction contemplated herein. 6. Deed from ASV Aspen Street Owner LLC, a Delaware limited liability company to A Burer To Be Determined. Alta Commitment - 2006 Schedule B-I Requirements Commitment No. 0704905-C2 Schedule B-I Requirements (continued) NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. 7. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 8. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR Pitkin COUNTY, COLORADO FOR JUDGMENT LlENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR . NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alla Commitment - 2006 Schedule B-I Requirements (continued) Commitment No. 0704905-C2 Schedule B-II Exceptions COMMIrrMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B ofthe policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction ofthe Company. Any loss or damage, including attorney fees, by reason ofthe matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry ofpersons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 26, 1949, in Book 175 at Page 298. 8. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded July 26, 1978, in Book 351 at Page 940, Book 351 at Page 942 and Book 351 at Page 944. 9. Terms, agreements, provisions, conditions and obligations as contained in Lease Agreement Between John H. Roberts, Jr. and the Aspen Skiing Company, a Colorado general partnership, recorded December 2,1985, in Book 500 at Page 605, as amended by instrument recorded October 21,2014, at Reception No. 614729. 10. Resolution No. 3 ( Series of 2001 ) recorded February 15, 2001, at Reception No. 451526. 11. Ordinance No. 32 ( Series of 2003 ) recorded August 4,2003, at Reception No. 486407. 12. Notice Of PUD Designation as contained on Page 8 in Ordinance No. 27 ( Series of 2007 ) recorded August 8,2007, at Reception No. 540761. 13. Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD recorded December 19,2014, at Reception No. 616165, as amended by instrument recorded July 1, Alta Commitment - 2006 Schedule B-If Exceptions Commitment No. 0704905-C2 Schedule B-11 Exceptions (continued) 2016, at Reception No. 630425.. 14. Easements, rights of way and all other matters as shown on the Plat of South Aspen Street PUD/Subdivision, filed December 19,2014, in Plat Book 108 at Page 60 as Reception No. 616166. 15. Notice ofPUD Designation recorded July 10,2007, at Reception No. 539750, August 8,2007, at Reception No. 540693 and November 12,2007, at Reception No. 543983. 16. Contribution Agreement recorded August 2,2007, at Reception No. 540625. 17. Resolution No. 96 (Series of 2009) by the Aspen City Counsel recorded April 1,2010, at Reception No. 568178. 18. Resolution No. 68 (Series of 2012) by the Aspen City Counsel recorded August 21, 2012, at Reception No. 591518. 19. Resolution No. 18 (Series of 2012) by the City ofAspen Planning and Zoning Commission recorded October 22,2012, at Reception No. 593257. 20. Ordinance No. 23 (Series of 2013) by the City of Aspen City Council recorded December 2, 2013, at Reception No. 606010. 21. Terms, agreements, provisions, conditions and obligations as contained in Cost Sharing And Licence Agreement recorded August 18, 2015, at Reception No. 622523. 22. Terms, agreements, provisions, conditions and obligations as contained in Notice Of Approval recorded April 21, 2016, at Reception No. 628736. 23. Terms, agreements, provisions, conditions and obligations as contained in Notice Of Approval recorded July 1,2016,at Reception No. 630424. 24. Easement and right ofway for underground electric transmission or distribution line and related appurtenances, as granted by ASV Aspen Street Owner LLC to Holy Cross Energy, a Colorado corporation, by instrument recorded August 12,2016, at Reception No. 631392, said easement being more particularly described therein. 25. Terms, agreements, provisions, conditions and obligations as contained in Trench, Conduit, And Vault Agreement recorded August 8, 2016, at Reception No. 631249. 26. Terms, agreements, provisions, conditions and obligations as contained in Agreement For Temporary Construction Easement And Subsurface Encroachment Easement recorded December 29, 2016, at Reception No. 635044. 27. Easements, rights of way and all other matters as shown on the Condominium Map of South Aspen Street PUD North Condominium, recorded 2017, at Reception No. 28. Those covenants, conditions, obligations, easements and restrictions which are a burden to the Condominium Unit described in Schedule A, and set forth in the Condominium Declaration for South Aspen Street PUD North Condominium, recorded 2017, at Reception No. Alta Commitment - 2006 Schedule B-11 Exceptions (continued) Commitment No. 0704905-C2 Schedule B-II Exceptions (continued) Alta Commitment - 2006 Schedule B-I! Exceptions (continued) DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Note 5: Pursuant to C.R.S. Â§10-11-123 Note 10: Pursuant to Regulation 3-5-1 Regulations 3-5-1, Paragraph C of Article VII, Notice is hereby given Section 9 (G) notice is hereby given that requires that (a) If there is recorded evidence that a mineral "Until a title entity receives written "Every Title entity shall be responsible for estate has been severed, leased or otherwise instructions pertaining to the holding of all matters which appear of record prior to the conveyed from the surface estate then there fiduciary funds, in a form agreeable to the title time ofrecording whenever the Title entity is a substantial likelihood that a third party entity, it shall comply with the following: conducts the closing and is responsible for holds some or all interest in oil, gas, other 1. The title entity shall deposit funds into an recording or filing of legal documents minerals, or geothermal energy in the escrow, trust, or other fiduciary account resulting from the transaction which was property, and and hold them in a fiduciary capacity, closed." (Gap Protection) (b) That such mineral estate may include the 2. The title entity shall use any funds right to enter and use the property without designated as '~eamest money " for the the surface owner's permission. consummation of the transaction as Note 2: Exception No. 4 of Schedule B, evidenced by the contract to buy and sell Section 2 of this Commitment may be deleted Note 6: Effective September 1, 1997, C.R.S. real estate applicable to said transaction, from the Owner's Policy to be issued Â§30-10-406 requires that all documents except as otherwise provided in this hereunder upon compliance with the received for recording or filing in the clerk section. If the transaction does not close, following conditions and recorder's office shall contain a top the title entity shall: A. The Land described in Schedule A of this margin of at least one inch and a left, right a. Release the earnest money funds as commitment must be a single-family and bottom margin of at least one-half inch directed by written instructions signed residence, which includes a condominium the clerk and recorder may refuse to record or by both the buyer and seller; or or townhouse unit. file any document that does not conform. b. If acceptable written instructions are not B. No labor or materials may have been received, uncontested funds shall be furnished by mechanics or materialmen for Note 7: Our Privacy Policy, held by the title entity for 180 days from purpose of construction on the Land We will not reveal nonpublic personal the scheduled date of closing, after described in Schedule A of this customer information to any external which the title entity shall return said Commitment within the past 13 months. non-affiliated organization unless we have funds to the payor. C. The Company must receive an appropriate been authorized by the customer, or are 3. In the event of any controversy regarding affidavit indemnifying the Company required by law. the funds held by the title entity against unfiled mechanic's and (notwithstanding any termination of the materialmen's liens. Note 8: Records contract), the title entity shall not be D. Any deviation from conditions A though C Regulation 3-5-1 Section 7 (N) provides that required to take any action unless and until above is subject to such additional each title entity shall maintain adequate such controversy is resolved. At its option requirements or Information as the documentation and records sufficient to show and discretion, the title entity may: Company may deem necessary, or, at its compliance with this regulation and Title 10 a. Await any proceeding or option, the Company may refuse to delete of the Colorado Revised Statutes for a period b. Interplead all parties and deposit such the exception. of not less than seven (7) years, except as funds into a court of competent E. Payment of the premium for said coverage. otherwise permitted by law. jurisdiction, and recover court costs and reasonable attorney and legal fees; or Note 9: Pursuant Regulation 3-5-1 Section 9 c. Deliver written notice to the buyer and Note 3: The following disclosures are hereby (F) notice is hereby given that seller that unless the title entity receives made pursuant to Â§10-11-122, C.R.S. "A title entity shall not earn interest on a copy of a summons and complaint or (i) The subject real property may be located in fiduciary funds unless disclosure is made to claim (between buyer and seller), a special taxing district; all necessary parties to a transaction that containing the case number of the (ii) A certificate oftaxes due listing each interest is or has been earned, Said disclosure lawsuit or lawsuits, within 120 days of taxing jurisdiction shall be obtained from must offer the opportunity to receive payment the title entity's written notice delivered the County Treasurer or the County ofany interest earned on such funds beyond to the parties, title entity shall return the Treasurer's authorized agent; and any administrative fees as may be on file with funds to the depositing party." (iii) Information regarding special districts the division. Said disclosure must be clear and the boundaries of such districts may be and conspicuous, and may be made at any obtained from the County Commissioners, time up to and including closing." the County Clerk and Recorder, or the Be advised that the closing agent will or County Assessor. could charge an Administrative Fee for processing such an additional services request Note 4: If the sales price of the subject and any resulting payee will also be subjected property exceeds $100,000.00, the seller shall to a W-9 or other required tax documentation be required to comply with the disclosure or for such purpose(s) withholding provisions of C.R.S. Be further advised that, for many Â§39-22-604.5 (Non-resident withholding) transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, ifapplicable (e-g., any money over any administrative fees involved in figuring the amounts earned). Disclosure Statements /1 A.E.,c 4 First American Title'~ DISCLOSURE STATEMENT Pursuant to C.R,S, 30-10-406(3)(a) all documents received fur recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch, The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effecti ve date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is iii conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will notissuc its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to (ERS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date ofthe Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse fiinds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent ofan insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. . Exhibit 8 South Aspen Townhomes - Vicinity Map --t~ I 6 â‚¬ r' Emotefeay,CallelyÂ© c Q The Red Onion E Cow*rA,e E &.... 1.2 4 4 4 4- 212 G: a Belly UP ' J 9 0 Juatut nia N The St Aegis Adventwies A: Aspen Resort F N v Aspe 0 4449 2 Asper; Mounta, J Ski Resort As;en . .j 6,0,2, I fl St 0 AA kr,\0 Agn/. Confla Ren:al 5â€¢ 2 81,777': C ~U499 1: 1 0 0 . t., . 4/ , , 1.r I # . 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Bax 2773 620 Main Street Suite 8 Frt*co, CO 80443 Tel: 970-668.1133 Fa,c 970.668.2316 RECEIVEr wmm -,2,2,40~Â§# JUN 0 8 2017 E 20*.01 CITY O, WNÂ«.op.rch.Corn CO*thY'r' 1 . I B 2 W -'11*epip_ 41 f!*El,IQ~Ei*Eic~o 1_~i:~, , Fl (i) ONE 5*-i-:1 *j - 13~~14-1 1 11 F~-13.71 -~ 1 r . I -090.2'Refet 11-1 1-3 'FVGOLL 'tiEErmiF~~ME;.2 LGTE,fril.~erlITIZIjIFFIEIETTE1E311 ReVIstons: U-L- 1 1 1 , In! 1-r-1 1-1 nrn-Ini 3../ ~If,~ZEDj~2168 1 -9 144 101rl-1'.9==1 +1~FP:r-1 -- ,=.2.11 IN ..11 11 1 %*WI-_MULL,1 1- ./''il ~I-+ Si_-- -/X '7\ 11-4-1.1~&41 1 1-TI Ill 1* --'71 1 ",pREBMIT,1-'7EA MI Ill lim#J .4,35$ /~hEAST ELEVATION AT SOUTH ASPEN BTREET Date: 04.28.2011 ~A0.0jNTS Project No: 2541.00 Drawn by: JMC Checked by: Â© COPYRIGHT ELEVATION 11 3SVHd N3dSV 3NO 00Â¥NO100 'Na,15Â¥ 77- g NOIS,Alaerls /and 1381US Midgv Hlnos 1 11 //imil li462i i 4 ~ i%3 X31dlill M3ddA 11 3SVHd N3dSV 3NO i.li Mii1 2.0 2 4 - 2 i a .1 3 00 1 'f: . r'. Â· 2-2-2--2-2-2-2-2-JI g U. 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W 11 '1 1 L=,IL _ 11 11 11/% P= 2 -1 â‚¬ 1 11 16.% Ill 1 /23 1 L - -1 -111,- -11 1 1 Ir =Ir - 711 11 1 - -- - -- - -- - - 1 - 11 1 4- %11 11 ='11 n pl===11 1,=274f==4 12' 1 : f 1 Date: 0605-tl 1 1 1 1 Project No: 254100 Drawn by: JMC ~~EXISTING SOUTH ELEVATION Chedoed by: KI-IR C /1/Bâ€¢ . 1Â·-0- ASI-001 Â©COPYRIGHT ~60,202 6/6/2017 R:\PRJ\SOUTH ASPEN STREET- PHASE Il\UPPER TRIPLEX\SAS PHASE Il-UPPER TRIPLEX\SHEETS\ASI-001 UNIT 14 REVISIONS-02.DÂ¥Â¢G 11 3SVHd N3dSV 3NO X31dnll M3ddn O'BRYAN PARTNERSHIP, INC. RECEIVEr ARCHITECTS - Al.A ARCHITECTURE, PLANNING, INTERIORS JUN 0 8 2017 P. 0.8=2773 620 Maln Street, Suite 8 CITÂ¥ Frtico, CO 80443 Tel: 970.668.1133 COMWUNF 2. Fir 970.668.1316 @1109. WWW'oparch.corn < LU i 1.] 1/ 0 (11.1 mil 1 T a E m 8 - F*FLAaUIN 6-e , . CENTELO) AeCM -7 m -1, LI....1 -1 1 1----' - + ;5" ~ DIll ~ ...1) r 3 -f I - '[64 -7 i.... b 110 7 1.-6 Â£ I 03 1 -7 m ONE L 1-1 m - A. I- 1 --421.1-r-- 41 k KITCMEN I[_ pk ii ~ Irl.I -_-a _--: ,---r_- -7 22121Â«4- / ; - Revisions: U L U / i #TORAME OUMER REVISION 060631 , OvEN p"IRY *â‚¬ Ce/1 - B - -4 A 1 N I [1./ "WilliMMill/mi.mil*. 06-05.Il Pmject No: 234100 Il-. 1 Drawn by: JMC Checked by: KWR 1 REvISIED UNIT 14 LEVEL 3 PLAN ~ ASI-002 ~ COPÂ¥RIGHT RE~~03 6/6/2017 R:\PRJ\SOUTH ASPEN STREET- PHASE Il\UPPER TRIPLEX\SAS PHASE Il-UPPER TRIPLEX\SHEETS\ASI-003 UNIT 14 REVISIONS-03.DÂ¥Â¢G 1dlill ZEk 11 THE CITY oF ASPEN Land Use Application Determination of Completeness Date: May 4,2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for South Aspen Townhomes Planned Development Unit 14 I Insubstantial Amendment and reviewed it for completeness. G~Your Land Use Application is complete: Please submit the following missing submission items. â€¢ $1,300 Fee â€¢ 1 additional hard copy of the complete application â€¢ Electronic copy of complete application in PDF format to Hillary.sen]inick@cityofaspen.com 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. Than]Aou, U: . /1/ il Hfba~A~, Planner Cifty#f'18*niommunity Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD A.C- Yes No '4* Subdivision, or PD (creating more than 1 additional lot)~/UL-- GMQS Allotments Residential Ae. Affordable Housing vu>- Yes No v/ Commercial Â¢U:- E.P.F. VU.._ Lodging ,,uz~