HomeMy WebLinkAboutminutes.apz.20040817ASPEN PLANNING & ZONING COMMISSION ' Minutes - August 17, 2004
COMMENTS .............................................................................................................................. 2
DECLARATIONS OF CONFLICTS OF INTEREST ..................................................... 2
1201 RIVERSIDE DRIVE REZONING ............................................................................. ~
RESIDENCES AT LITTLE NELL FINAL PUD ............................................................. ~
ASPEN PLANNING & ZONING COMMISSION - Minutes - August 17, 2004
Jasmine Tygre opened the regular Aspen Planning & Zoning Commission Meeting
at 4:30 pm in the Sister Cities Meeting Room. Members Brandon Marion, Dylan
Johns, ' Steve Skadron and Jasmine Tygre were present. Roger Haneman, Ruth
Kruger, Jack Johnson and John Rowland were excused. Staff present: David
Hoefer, Assistant City Attorney; Joyce Allgaier, James Lindt, Chris Bendon,
Community Development; Jackie Lothian, Deputy City Clerk.
COMMENTS
Chris Bendon mentioned the Civic Master Plan Committee would meet on August
18th (Roger and John served on that committee). Steve Skadron volunteered to sit
in on that committee.
DECLARATIONS OF CONFLICTS OF INTEREST
John Rowland, Jack Johnson and Ruth Kruger were recused on the Residences.
CONTINUED PUBLIC HEARING (5/18, 6/1, 6/15, 7/6):
1201 RIVERSIDE DRIVE REZONING
Jasmine Tygre opened the public hearing on 1201 Riverside. James Lindt noted
the attorneys were trying to come to a conclusion.
MOTION: Dylan Johns moved to continue the public hearing on 1201 Riverside
Rezoning to October ]9th,' seconded by, Brandon Marion. APPROVED 4-0.
CONTINUED PUBLIC HEARING (8/3 & 8/10):
RESIDENCES AT LITTLE NELL FINAL PUD
Jasmine Tygre opened the continued public hearing on the final PUD for the
Residence at Little Nell. Chris Bendon provided the revised resolution and Exhibit
A the zoning boundaries and' Exhibit B the operating agreement requirements for
the commercial space (Exhibit B was deleted from the resolution.) Sunny Vann
said the LTR zoning was acceptable to the applicant.
Kim Weil stated that the mechanical engineer designed the building withoUt any
mechanical equipment on the roof but there will be restaurant venting and flue
venting but the air-conditioning condensing equipment was located in the
basement of the building. Weil commented that the fireplaces were vented flush
through sidewalls and would not go up through the roof. There Will be boiler flues
on the east central part of the building; on the northeast comer of the bUilding there
will be 2-3 kitchen equipment draft hoods at 18 inches to 20 inches in diameter and
4 to 5 feet tall above the snow level to draw free moving air around it and because
of code the kitchen equipment must go up; the air-handling equipment will be
located in the basement two levels below grade for aesthetic and noise reasons.
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ASPEN PLANNING & ZONING' COMMISSiON~ Minutes - August 17~ 2004
Weil said the elevator shafts were located in the middle of the buildings and they
were researching the possibility of new elevators that had the equipment off to the
side and the current elevators do not sick up and they will have the answer by City
Council hearings. Well stated there will be 30 to 40 plumbing vents at 1½ inches
in diameter and about a foot high; there were no matefials specked but the roof
needs a two hour fire wall.
Vann said at this time it wasn't clear who would operate the restaurant; the Little
Nell would manage the building itself but the restaurant would be open during the
ski lift hours of operation and probably for dinner.
Weil utilized drawings for the shadow study with the buildings that were currently
on the property, the middle one was the approved town home project and the lower
was this proposal. Weil explained each diagram had two arrows; the lower angle
was the winter solstice and the upper or higher angle was the summer solstice. The
winter shadow goes all the way across Dean Street and right up to the North of
Nell building at noon; in the proposed town homes version the sun went about a
third of the way across Dean Avenue and this proposed building goes a little
further than the existing situation at the roof of the lowest level (Exhibit "shadow
study 08/17/04"). Vann clarified that the street was in the shade today and will
remain in shade. Weil said that Shadow Mountain controls the sun.
Weil stated the tallest portion of the current building was the portion that sticks out
into the fight-of-way (Tipple Inn Condominiums) was 28 feet above the existing
Dean Avenue. The commission asked using the existing Dean Avenue base line
how much higher was the proposed building. Weil answered approximately 10
feet because of the architecture the heights vary along Dean Avenue faCade but
were in the 37 to 40 foot range. Vann noted the heights that they have been
discussing were at finish grade in the application after the street was lowered.
Weil provided a graphic with a red line showing the initial existing building
heights and the shaded pink areas were the proposed current development and the
yellow depicted the approved town homes (Exhibit "Overlay 08/17/04"). The
Dean Street right-of-way was proposed to be snow-melted with an agreement
between the city and the applicant.
Poss demonstrated the apres ski life at the bottom of the mountain with some old
photographs and in the recent past there was no aprbs ski life and they were trying
to recreate the aprbs ski life with events from the Ski Co.
Vann said the storefront and retail commercial space depicted (Exhibit "conceptual
streetscape Dean Avenue drawing#30 06/30/03") partitioning, as the tenants
require.
ASPEN PLANNING & ZONING COMMISSION - Minutes - August 17, 2004
Brandon Marion wanted to explore 10 to 15 minute drop-off parking for skiers.
Allgaier stated there were public spaces along Galena and Mill by the Hyatt.
Allgaier stated the goal was to maximize pedestrian and de-emphasize the car.
Vann said the resolution was refined and drafted with some areas that have been
submitted and a couple of items would drop out because the detailed soils analysis,
construction management plan and PM 10 plan have been or will be submitted by
council review. Bendon stated that the studies were done for sections 12, 7, 8, 9
and 10 in parenthesis; others were already specified like the impact fees and tree
mitigation.
Steve Skadron inquired if the language of the public restaurant converting to a
private facility would be written into the resolution. Bendon replied that it was
Exhibit B of the Resolution (which was removed from the final resolution). Dylan
Johns said that the general public is guaranteed service from 8 to 5 in the summer
and 2 hours after the gondola closes in the winter; he said that leaves it open to
after that point it could close itself down to whatever function. Vann responded
that whatever restaurant gets approved will not be dictated hours of operation but
they were trying to address the public facilities that were intended for the public
like the apr&s ski deck; he said the restaurant would be sublet. Marion asked if the
intent was that whenever the restaurant was open it should be open to the public.
Johns said it seemed to buttonhole the restaurant because they had to be open at
8am to 5pm at least and would a restaurant operator like the dictated hours of
operation. Vann said it concerned the applicant and the idea was that this area at
the base .of the mountain would be open normal hours, which means when the
gondola runs. Vann said this was a good faith effort that it would be open to the
public and normal hours when the gondola was operating in the winter and.
summer. Johns stated that controlling the hours was not important but more
specifically that when it is open it was open to the public because of the proximity
to the mountain and the core of town; that there was an amenity being provided via
the restaurants at the base of the mountain. There were several suggestions made
to assure the public facility amenity would be provided by the actual operator of
the restaurant; the times were not set by this resolution and there would be no
membership required for this facility. This would not prohibit the operator from
having private functions. Brooke Peterson stated the restaurant would be open to
the public apres ski and afterwards to create the vitality; that was what they have
always represented.
Johns asked if the new Dean Street delivery h'ours would take care of the delivery
hours for this project. Vann replied that the hours that the city adopted for delivery
times would be what delivery times were adopted for this. project.
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ASPEN PLANNING & ZONING COMMISSION -' Minutes - August 17, '2004
Marion asked who was responsible for providing and maintaining .the snowmelt of
Dean Street. Bendon replied that would need to be specified and was a Council
issue. Vann remarked that the Ski Company already snowmelts part of it so they
will have to figure out how to share the costs and enter into a maintenance
agreement with the city.
Marion asked to see a final roofing plan as part of the conditions of approval to
include the materials. Tygre stated a great concern for the appearance of the roof.
Vann suggested adding a condition that shows a roof plan with the mechanical
equipment on the roof including the stacks and community development would
then review the sign-off; the parameters for review need to be established. Tygre
stated the representations made by the applicant at this meeting about the roof plan
and numbers of things on the roof, which will be the guideline for staff for the final
review. Vann stated that they will submit a plan and staff shall determine that it is
substantially in compliance w/th the representations made by the applicant and if it
is not then it comes back to P&Z. Weil reiterated there was no air handling
equipment on the roof. Vann said there would be plumbing vents, a vent for the
boiler and 1 or 2 vents for the restaurant space. Weil said even if there is no
elevator penthouse, elevators require a vent because of the compressed air needed
for operation, which were not yet designed but would be no more than 1½ feet.
Vann said there would not be elevator overruns and the equipment would be
minimized. Tygre stated the rooftop was very important and the applicant agreed
with Tygre on a non-reflective unobtrusive material.
Marion asked if the massing could be somehow broken up whether it just be
visually with a change in materials or physically. Vann noted they had to be linked
with an elevator from the lowest grade to the top. Johns said the north end of the
building was stone and to make the south end a dark colored wood or something
along those lines would keep it from being the big massive building look. Tygre
requested a condition in the resolUtion for the use of different material or colors on
the north facade of the building Would help to break up the massing of the
building.
Tygre stated concern for the dimensions of the project and requested the specific
drawing numbers be placed into the resolution. Weil said that there would be a CD
included in the com dev file with all the drawings from the project.
Tygre inquired about the name "theResidences at the Little Nell" being
paiadoxical. Vann replied the timeshares have to sell and they were basicallv
selling 28 days of the right to use these facilities; whether each and every
purchaser of the one-eighth interest will utilize the facility remains to be seen.
ASPEN PLANNING & ZONING COMMISSION - Minutes - August 17, 2004
Vann said the timeshare use Plan and documents submitted require that the units be
made available to the general public when not being used, which was a specific
requirement of the timeshare regulations. Vann said the project was designed to
comply with all of the timeshare regulations. Peterson added that they spent a lot
of time working on the name and it needed to be distinguished from the Little Nell
itself. Peterson said "the Residences" implied what they wanted people to feel that
it was their home and they were in residence at the Little Nell; he said they spent a
long time on the naming process.
The commission, applicant and staff worked on the resolution to include all the
changes and amendments reflected by the planning & Zoning public hearings.
MOTION: Brandon Marion moved to approve P&Z Resolution #28, series 2004
approved the request for Special Review and the 8040 Greenline Review and
recommended City Council approve the Final Planned Unit Development (PUD),
Growth Management Quota System (GMQS) Exemptions, Subdivision,
Condominiumization, Timeshare, Amendment to the Official Zoning Map, and
Special Planned Area with Amendments to: Sections 1 Rezoning The Official Zone District
Map of the City of Aspen shall be, upon filing of the Subdivision plat and Final PUD Plans, amended by
the Community Development Director to reflect Lot #1 of the Residences at Little Nell as included in the
Commercial Lodge (CL), Conservation (C), and Lodge Tourist Residential (LTR) zone districts, as
depicted in Exhibit A to this Resolution and to be more precisely delineated on the Zoning Map of the
Final PUD Plans. Section 2: Project Dimensions: The following approved dimensions of the project shall
be reflected in the Final PUD Plans: Minimum Lot Size = .66, 73 7 Square feet; Minimum Lot Area per
Dwelling Unit = No requirement; Maximum Allowable Density = No requirement; Timeshare units + 24
units, comprised of 19 three-bedroom units and 5four-bedroom. 16 of the timeshare units include "lock-off"
units for a total of 40 rentable division; Lodge Units = 8 units; Residential units = 2 Free-market units. Also
see Section 9, 8 Affordable Studio units. Also see Section 8; Minimum lot width = 206feet measured along
Dean Avenue right-of-way; Minimum Front Yard Setback = O feet; Minimum West Side Yard Setback = 0
_feet; Minimum East Side Yard Setback = O feet; Minimum Rear Yard Setback = 4feet; Maximum Site
Coverage = As represented on Final PUD Development Plan. Reference drawing#9 of application;
Maxcimum Height = As represented in Final PUD Plans. Also see Section 3. Reference drawing #30 of
application; Min. distance between buildings = No requirement; Min. Percent of Open Space - 0 percent,
provided areas outside the building footprint shall only be developed according to the Final PUD
Development Plan. Reference drawing #9 of application; Allowable External Floor Area = 108, 000 square
feet; Minimum Off-Street Parking Spaces = 2 short-term spaces within the porte-cochere, 70 spaces within
the underground parking garage. Reference drawings #10 and #11 of application. Section 3: Height Plan
The Final PUD Plansshall include a height plan depicting the height of the building at various points
relative to the lower of existing or proposed grade and relative to a fixed elevation control point. Section
4_: Multi-Family Housing Replacement Program The Development Order issued commensurate with final
approval by City Council shall constitute a "Certificate of Compliance" in accordance with Chapter
26.530 - Multi-Family Housing Replacement Program. Section 5: Impact Fees Park Impact Fees of
$58,315.95 shall be assessed. Amendments to the Project shall include an adjustment to this impact fee
according to the following schedule: Park Fees - Proposed Development: 8 Studio affordable housing
units ~ $1,520 per unit = $12,160, 8 studio lodge units@ $1,520 per unit = $12,160, 19 three-bedroom
lodge units, ~ $3,634 per unit = $69,046 5, four-bedroom lodge units ~ $3,634 per unit = $18,170, 2
four-bedroom residential units ~ $3,634 per unit = $7,268, 8,900 square feet of Commercial ~ $1,785
per 1,000 s.f. $15,886.50 Total = $134,690.50. Park Fees- Credit for Existing Development: 2 Studio
residential units~ $1,520per unit = $3,034, 10 studio lodge units~ $1,520per unit = $15,200, 3
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ASPEN PLANNING,& ZONING COMMISSION - MinUtes - August- 17, 2'004
one-bedroom units~ $2,120 per unit = $6,360, 9 two-bedroom units@ $2,725per unit = $24,525, 1
four-bedroom unit~ $3,634 per unit= $3,634, 13,230 square feet of commercial @ $1, 785 per 1,000 sf
= $23,615.55, Total Credit = ($76,374.55), TotaIParklmpactFeeDue = $58,315.95. SchooIlmpact
Fees shall be assessed based on one-third the value of the unimproved land divided by the proposed
number of residential units on a per acre basis. The City of Aspen shah verify the unimproved land value
of the lands underlying the Project from recent transactions and informationfrom the Pitkin County
Assessor. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment
shah be accepted. School lmpact Fees shall be specified prior to final approval. Section 6: Water
Department Standards The applicant ~hall cbmply with the City of Aspdn Water~ System Standard~, WitCh
Title 25, and with applicable standards of Municipal Code Tide 8 {Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department.
Section 7: Sanitation District Standards The applicant shall comply with the Aspen Consolidated
Sanitation District's rules and regulations. No clear water connections (roof foundation, perimeter
drains) shah be allowed to ACSD lines. AH improvements below grade shall require the use of a
pumping station. Section 8: Affordable Housing The applicant shall provide affordable housing
mittgation for 60 Full-Time Equivalents in the following manner: Eight studio rental units to be
constructed on site and restricted to Category 2. Fifteen units to be provided by the "buy down" of the
Obermeyer Resident Occupied (RO) one-bedroom units. Seven of these units shall be Category 2 and eight
shall be Category 3. Eight three-bedroom for-sale units to be constructed at the Aspen Airport Business
Center (AABC), known as the Alpine Grove Condominiums. Three of these units shall be Category 2 and 5
shall be Category 3. The applicant shall provide a "receipt" or letter from the Obermeyer developer
indicting good faith pursuit of the Buy Down Agreement prior to the public hearing for the Residences with
City Council. The applicant shall receive final approval from Pitkin County for the required mitigation
housing project located in the AABC in Pitkin County (known as Alpine Grove Condominiums) prior to
final City Council approval for the Residences at Little Nell. A Certificate of Occupancy for the Residences
at Little Nell shall not be issued until such time as Certificates of Occupancy for the deed restricted
affordable housing units, which are required for mitigation, have been issued The employees to be housed in
the deed-restricted units shall meet the qualification criteria contained within the APCHA Guidelines and the
Obermeyer buy-down units shall be governed by the City Council approvals for the project. The applicant
shall structure a deed restriction for the eight on-site studio rental units such that i/lOth of l °_4o of those units
is deed restricted in perpetuity to the APCHA; or the applicant may propose any other means that that
APCHA determines acceptable. Employees to be housed in the deed-restricted units shall meet the minimum
occupancy requirements under the APCHA Guidelines. The deed resti'iction shall be filed concurrently with
the submission of the condominium map to the City of Aspen and shall abide by all restrictions as stated in
the Guidelines. Section 9: Conversion of FreeZMarket Residential Units to Timeshare Units The two free
market condominium units may be condominiumized and soM as wholly-owned residential units and
occupied on a short- or long-term basisl These two units may be converted and included as part of the
timeshare use plan pursuant to an Insubstantial PUD Amendment. Section 10: Subdivision Plat & Final
PUD Plans Within 180 days afler final approval by City Council and prior to applying for a Building
Permit, the applicant shall record a Subdivision Plat and a Final PUD Development Plan. The
Subdivision Plat shall comply with current requirements of the City Community Development Engineer and
shall include: 1. The final property boundaries and disposition of lands to be dedicated to the Dean Street
right-of-way. 2. The location of Revocable Encroachments for physical improvements within public
rights-of-way with reference to agreements and licenses appended to the PUD Agreement. 3. The
location of utility pedestals with access easements for the utility provider. Transformers and pedestals
shall be located outside of the public right-of-way. 4. The applicant shall provide the final approved
Subdivision line data or survey description data describing the revised street and parcel boundaries to the
Geographic Information Systems Department prior to applying for a building permit. The final building
location data, including any amendments, shall be provided to the GIS Department prior to issuance of a
Certificate of Occupaney. The Final PUD Plans shall include: 1. An illustrative site plan with adequate
snow storage areas and/or snow melted areas depicted Approved project dimensions shall be printed on the
final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape
improvements with an irrigation plan with a signature line for the City Parks Department. 3. Design
specifications and profiles for the Dean Street improvements. 4. An archi?kctural character plan
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ASPEN PLANNING & ZONING COMMISSION - Minutes - August 17, 2004
demonstrating the general architectural character and depicting materials, fenestration, projections, and
locations of projections such as elevator shaft heads, mechanical equipment, etc. Mechanical equipment
shall be screened from pedestrian view. 5. floor plans of each level depicting unit divisions and plaza level
improvements. 6. A utility plan meeting the standards of the City Engineer and City utility agencies. 7. A
grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil
Engineer, which maintains sediment and debris on-site during and after construction. Ifa ground
recharge system is required, a soil percolation report will be required to correctly sige the facility. A 2-
year storm frequency shouM be used in designing any drainage improvements. Off-site improvement shall
be done in coordination with the City Engineer (also see Sectionl l; condition 8.) 8. An exterior lighting
plan meeting the requirements of Section 26. 575.150. Section 11: Subdivision/PUD Agreement Within 180
days afier final approval by City Council and prior to applying for Building Permit, the applicant shall
record a Subdivision/PUD Agreement binding this property to this development approval. The
Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following:
1. Operating specifications for the Commercial and Accessory Uses consistent with the proposed
requirements as outlined in Exhibit B to this Resolution. 2. Revocable Encroachment agreements and
licenses for physical improvements within public rights-of-way with reference to their locations depicted
on the Subdivision Plat. 3. The agreement shall state the ownership and maintenance responsibilities of the
common areas of the project. 4. The agreement shall include a maintenance and operating agreement for
Dean Street. 5. A Construction Management Plan (CMP) acceptable to the Community Development
Engineer. (A drafi plan is part of the applicationd 6. An estimated construction schedule with estimated
schedules for construction phases affecting city streets and infrastructure and provisions for noticing the City
Streets Department, the City Engineering Department, utility providers (including City agencies), and
emergency service providers. 7. An agreement to return Galena Street to an acceptable condition after
construction, as determined by the City Engineer. Subsurface work may be necessary. Curb and gutter work
may be necessary. A final two-inch overlay may be necessary. In the alternative, the applicant may pay a
one-time payment concurrent with receipt of a building permit of $7,950 into the City street maintenance
fund (an amount equal to the cost of a 2" asphalt overlay over half the width of Galena Street along the
frontage of the Little Nell property to Durant Streetj. 8. Costs of project-related off-site drainage
improvements done in coordination with the City Engineering Department shall be determined by the City
Engineer and prorated with other properties receiving such benefit and shall be payable concurrent with
receipt ora building permit. 9. In order to secure the performance of the construction and installation of
improvements in the public rights-of-way, the landscape and public facilities performance security shall
include and secure the estimated costs of proposed right-of-way improvements. Section 12: Building
Permit Requirements The building permit application shall include/depict: 1. A signed copy of the final
Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving
Ordinance has been read and understood. 3. The conditions of approval shall be printed on the cover
page of the bui[ding permit set. 4. A completed tap permit for service with the Aspen Consolidated
Sanitation District. 5. A tree removal mitigation payment of $27,645.31. This figure represents the
difference between the assessed value of trees to be removed and the cost estimate to supply and install
the proposed trees and native vegetation. Amendments to the plan shall require a recalculation. 6. A
fugitive dust control plan approved by the Environmental Health Department which addresses watering of
disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of-
way, speed limits within and accessing the site, and the ability to request additional measures to prevent a
nuisance during construction. The applicant shall wash tracked mud and debris from the street as
necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan
to the Colorado Department of Public Health and Environment Air Quality Control Division may also be
necessary. Z A study performed by a Colorado licensed Civil Engineer demonstrating how the required
excavation of the site may be performed without damaging adjacent structures and/or streets. If the
applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide a
.financial assurance in an amount to be determined by the Community Development Engineer. The City
Engineering Department would strongly prefer that the applicants use soil hardening techniques rather
than soil pins to stabilize the excavation cuts. (A study has been submitted and is under review by the
City. This condition ~vill be removed or amended accordingly prior to final review by City Council.) 8.
A study that demonstrates, to the City Engineer's satisfaction, the impact that potential mudflows will
ASPEN PLANNING & ZONING COMMISSION - Minutes - August 17, 2004
have on the proposed buildings and that the structures are designed to minimize the damage caused by
mud flows. Grading must provide a pathway for mudftows around the uphill side of the building. (A study
has been submitted and is under review by the City. This condition will be removed or amended
accordingly prior to final review by City Council.) 9. g construction site management and parking plan
meeting the specifications of the City Building Department. (A study has been submitted and is under
review by the City. This condition will be removed or amended accordingly prior to final review by City
Council.) 10. The applicant shall submit a Soil Suitability and Slope Stability Analysis by a licensed
engineer with a specialty in geo-technical sciences. At a minimum, such report shall determine the
feasibility of excavating the hillside and identification of any necessary mitigation during construction of
the lodge to protect adjoining properties from damage. In addition, the report shall include a baseline
for slope stability prior to any excavation, establish a monitoring program to be implemented throughout
the construction and for two years after completion of construction using accepted engineering standards
approved by the City of Aspen, including, without limitation, review of all soils, engineering designs, de-
watering plans, and other applicable standards. (A study has been submitted and is under review by the
City. This condition will be removed or amended accordingly prior to final review by City Council.) 11.
The roof plan shall demonstrate substantial compliance with the representations made by the applicant
with regard to limiting the rooftop mechanical equipment and the use of non-reflective roofing material.
Prior to issuance of a building permit: 1. All tap fees, impacts fees, and building permit fees shall be paid.
2. The location and design of standpipes, fire SPrinklers, and alarms shall be acceptable to the Fire
Marshall. Section 13: PMI O Mitigation Plan In order to reduce the impacts of PM10 generated by the
project, the project shall provide a shuttle service for use by the owners/guests of the Residences at Little
Nell and shall advertise to their guests that need for a personal/rental car is not mandatory due to the
shuttle amenity. In addition, the Environmental Health Department recommends (but is not requiring) that
the lodge and its businesses join the Transportation Options Program and provide secure covered bike
storage. This PMI O mitigation plan has been accepted by the City's Environmental Health Department.and
no further plan shall be required. Sectton 14: Delivery Dock No trucking, shipping and/or receiving,
service, inspection, or commercial vehicles serving the Residences at Little Nell and/or associated
commercial facilities shall utilize Ute Avenue for such purposes. All shipping and receiving, service vendors,
inspection, and other commercial vehicles to and from the Residences at Little Nell and its associated
commercial facilities shall be only via its parking garage and/or loading dock off of Galena Street. Section
15: Condominiumization_ Condominiumization of the Project to define separate ownership interests of the
Project is hereby approved by the City of Aspen, subject to recordation ora condominiumization plat in
compliance with the current (at the time of condo plat submission) plat requirements of the City
Community Development Engineer. Section 16: The applicant shall explore material and color pallet
changes to the southern or northern portion of the buiMing to help break-up the massing and differentiate
the two free-market residential units located on parcel "D "from the remainder of the project. Section
17: Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate substantial
compliance with the representations and drawings made and presented during the project review.
Section 18: The Prbject's restaurant, bar and outdoor dining terrace shall offer "apres-ski" services to
the general public all days during the year that the Aspen Mountain Ski Area is open for public skiing and
.for a minimum of two (2) hours after the gondola closes. During all hours of operation, the restaurant
shall be open to the general public. No memberships shall be required, although occasional private
events may be held. Section 19: This Resolution shall not effect any existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances. Section 20: !rf any section, subsection, sentence, clause, phrase, or portion of this
Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof. Seconded by Dylan Johns. Roll call vote: Skadron, yes;
Johns, y, es; Marion, yes; Tygre, yes. APPROVED 4-0.
~a~~erk