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Home My WebLink AboutLand Use Case.535 Dean St.0092.2005.ASLU535 E DEAN ST INSUBSTANTIAL PUD - 273718296033 Case 0092.2005.ASLU 2 -32 -4; 1420> 0 -L/O L L_ P 4 . .. City of Aspen Community Development Dept. CASE NUMBER 0092.2005.ASLU PARCEL ID NUMBER 2737-18-2-96-033 PROJECT ADDRESS 535 E DEAN ST PLANNER JAMES LINDT CASE DESCRIPTION INSUBSTANTIAL PUD AMENDMENT REPRESENTATIVE SUNNY VANN 925-6958 DATE OF FINAL ACTION 1/6/2006 12:0( CLOSED BY Denise Driscoll would, I suspect, stand united against the desire of the home building Public Comment: industry to avoid the expense of providing a simple emergency escape and rescue opening in every new home basement. Sean W. Reid, City of Lenexa, KS, representing Metro KS City Chapter of ICC, requests Approval as Modified by this Public Comment- B67-03/04 R310.1 Modify proposal as follows Proposed Change as Submitted: R310.1 Emergency escape and Rescue required. Basements and every sleeping room shall have at least one operable emergency and rescue opening. Such opening shall open directly into a public street, public alley, Proponent: Tom Meyers, City and County of Broomfield, representing yard or court. Where basements contain one or more sleeping rooms, Colorado Chapter ICC emergency egress and rescue openings shall be required in each sleeping room, but shall not be required in adioininq areas of the Revise as follows basement. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inches (1118 mm) above R310.1 Emergency escape and Rescue required. the floor. Where a door opening having a threshold below the adjacent Basements -and every sleeping room shall have at ground elevation serves as an emergency escape and rescue opening least one operable emergency and rescue opening. Such opening shall and is provided with a bulkhead enclosure, the bulkhead enclosure shall open directlY into a public street, public alley, yard or court. Where comply with Section 310.3. The net clearopening dimensions required by bascments contain orÂ·Ic or morc 31::ping rooms, emergency :grcos anc! this section shall be obtained by the normal operation of the emergency fesetieepenings-Â·shal+-befe '1''i"fi- p r. *s 91-F;r,jr- Â·Â·Â· rÂ¥, M,+ .hr,11 #,4 6,i escape and rescue opening from the inside. Emergency escape and required in adjoining orcas of the boicment. Where emergency escape rescue openings with a finished sill height below the adjacent ground and rescue openings are provided they shall have a sill height of not more elevation shall be provided with a window well in accordance with Section than 44 inches (1118 mm) above the fioor. Where a door opening having R310.2. a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, Exception: Basements used onlyto house mechanical equipmentand the bulkhead enclosure shall comply with Section 310.3. The net clear not exceeding total floor area of 200 square feet, opening dimensions required by this section shall be obtained by the Commentefs Reason: The proposed revision eliminates the need to normal operation of the emergency escape and rescue opening from the make a subjective determination as to whether basements are habitable inside. Emergency escape and rescue openings with a finished sill height or not habitable at the time of construction by requiring an emergency below the adjacent ground elevation shall be provided with a window well escape and rescue opening in all basements. This revision acknowledges in accordance with Section R310.2. the likelihood, supported by historical fact, that basements are frequently used as habitable space or as sleeping rooms, while creating a Exception: Basements used only to house mechanical equipment and reasonable exception for basement space, designed primarily for not exceeding total floor area of 200 square feet, mechanical equipment, of a size with little potential for use as a sleeping room or habitable space. By incorporating language regarding the Reason: The first portion of this proposals is intended to deal with areas opening terminus, the code assures the emergency escape and rescue of the country where basements are standard and more often than not, opening will not be impeded by deck construction or un-escapable originally built with an unfinished basement and ultimately finished with enclosures while maintaining well founded code principals of appropriate sleeping rooms, and the modifications needed to provide this escape egress terminus. Retaining the latter struck language (see Proposed opening are extremely expensive. Any reasonable designerwill consider Modification) clarifies the intent of the code as to locations required to the best possible floor plan for a future basement finish and provide this have emergency escape and rescue openings. opening in the area intended to be converted to a sleeping room, thereby reducing cost up front and for future plans. An additional consideration is Cost Impact: None the obvious benefit for rescue by emergency personnel- The following was a news report by the Denver Rocky Mountain News as it relates to this Committee Action: Disapproved very important safety feature. Thursday, April 25,2002 Woman rescued from house fire. Reports of incendiary device investigated, but cause of blaze remains unknown. By Bill Scanlon. Firefighters broke out a Committee Reason: The current code language is more desirable and basement window to rescue a woman trapped in a house fire of unknown better provides for public safety. origin early Wednesday morning in northeast Denver. When the crews pulled up, "They had heavy fire and smoke coming out of every window Assembly Action: None in the upper floor." The woman...."it looks like it started in the kitchen then spread to the living room and to the basement" This woman would have surely perished had it not been for the window provided. Granted the size Individual Consideration Agenda and location are not mentioned, but the fact that she had the abilityto exit the structure when the interior stair had been destroyed is significant. This This item is on the agenda for individual consideration proposal is a minimum effort to provide the mandated life safety of the because a public comment was submitted. structures which we regulate- The second portion of the proposal for additional language is extracted directly from Section 1025.1 of the IBC and is intended to clarify Public Comment: that access to this rescue opening is not to travel through intervening rooms or areas. Paul Hayward, City of Farmington City, Utah, The deleted language is not needed. If a sleeping room is provided, representing the Bonneville Chapter ICC, requests by the charging language, an opening is required and other areas in a basement are covered by the light requirements found in Section R303. Approval as Submitted. And, finally the proposed exception is intended to deal with areas of the country where some basements are only used for this purpose. Commenter's reason: The wording adopted from RB67-03/04 is superfluous and is not necessary. When a sleeping room in a basement Cost Impact: None has an egress window installed, the provisions of the code have been met that require at least one such window in a basement. As approved and currently written, the existing wording is commentary, not a code Committee Action: Disapproved requirement. In fact, if it is preferred it needs to be written as an Committee Reason Action taken on RB66-03/04 is preferred. exception. It is difficult to understand why wording that states what a requirement is "not" is to be preferred over wording that simply states Assembly Action: None what "is" required. The proposed deletion makes the code a better document and avoids unnecessary commentary. Many of the referenced items in the proponents reasoning for RB71-04/05 also deleted the words Individual Consideration Agenda as shown in this small modification. I urge this approval of common This item is on the agenda for individual consideration because a public sense approach. comment was submitted. 2005 ICC FINAL ACTION AGENDA ~ 275 .. 1 11 1 1 1 El 1 --- I - | E}le Idk Record Navigate Fgm Reports Format Iab ~.19 *71 ~1 i #:11' :*:# 4. I. . H 1 . , 94*6 # . * J #:4: i - V 2% v #.. ./. * Conditions t SLAbtermits 1 Yabiation Publk Comment i Customer R eguest 1 Attachments Main ~ Ropâ€¢ing Status Ach/Eng 1 Parce}s ~ Custom Fields i Feei Fee Summary ; Actions ] Routinglit@tOfy 1 Pe,mit Type:. Aspen Land Use 2004 Pe,mit#,1)0322005ASIU â€¢ â€žÂ¥.4Â»-U~Â«Â«AÂ£Â£Â£XXÂ«C<X<Â«â€¢>:Â«A-442*Â»~6~~222â‚¬l<Â«<Â«**~~~<4~4<â‚¬<42â‚¬<<<4â‚¬<Ce(:M46Â« | Addiess,505 E DEAN ST .13 Apt/Suite j City }ASPEN State CO .1 Zip 181611 i Pe f mit I nformation Master Permit I Roliting Queue ~ aslu Applied 11/23/200â‚¬ Project 31 6 talus { pending Â®proped # m ~ Des:fipt,on jifiAOBSLANT!,41. TUDAME ?Â·:i :lE:if Issued 1 | 1.jec--eÂ¢ic K ll,r,ki lk ctrpec L 90 66/\ ~.~7,#26 Final F SubmR(ed SUNNY VANN 525 6959 Clock ?Running Daps D Expites j 11/1Â§/2006 J i - Visible on the web? Permit ID: 1 36452 Owner | last Name RESIDENCES AT LITTLE 2| Fifst Name | 1Â§02 E HOPKINS AVE ~ASPEN CO 81611 s Phone ~9701 544Â·0499 4 Owner is Appficant? : AppÂ·]!CaN | Las{Name Â·.ESIDENCES AT LITTLE 21 Fit:.t Name I B.92 E HOPFUNS AVE ,ASPEN CO 81611 Phone i9705 544 0499 Cust #126189 i. : _j -2 EE Â£ i N 9 D' 14~.Elq Background & Recommendations 1. Our Process: The Citizen Grant Review Committee received two thick binders o f applications at the end of August and carefully reviewed every application that was submitted, "grading" each one using a scorecard based on 11 criteria. The criteria tie directly to the questions asked in the application form. The grant criteria are available to all applicants in the Grant Guidelines document. (A copy of the 2006 Grant Guidelines is attached.) In advance of the first grant review meeting, scores were submitted and averaged. The committee discussed each application based on each member's comments from his/her own review as well as a review of the averaged rankings. While the citizen committee was reviewing the applications, the Finance Subcommittee reviewed the financial reports of each applicant. The Contract Manager made calls to applicants when there were concerns or confusion relating to the financials, and the applicant had the opportunity to respond. A written summary of the financial review was distributed to the Citizen Grant Review Committee at the first joint meeting, and was a reference tool as recommendations were developed. The CGRC works by consensus, relying on majority vote only when consensus cannot be achieved. To date, we have been successful in reaching consensus in all our recommendations. 1. Revenue Estimates & Funding Allocations: Working with Tom Oken, the estimates for the 2006 Health & Human Services/Community Non- Profit Fund were developed as follows: 925,434 property tax 46,272 mvso (motor vehicle) 13,193 interest 21,732 base general fund transfer 14,500 additional general fund transfer for GrassRoots (44,625) treasurer's fees 976,506 (12,006) reserve for property tax refund in 2007 964,500 (14,500) (directed to Grass Roots) 950,000 net available for 2006 pots As recommended last year, the "pot" was reallocated so that increased funds are available for Health & Human Service annual grants and a smaller amount is allocated to Health & Human Services Emergency/Emerging Needs Funding. Below is a table that identifies 2006 percentages. AGENCY GROUPINGS % of Fund 2006 dollar estimate Annual Health & Human Services grants: 41.5% $394,250 Annual Community Non-Profit Grants: 16% $152,000 Health & Human Services Emergency/Emerging Needs Funds: 20.5% $194,750 Senior Services: 22% $209.000 $950,000 3. FundinE priorities: We gave priority to programs specified in the ballot language. Secondary funding priority was given to requests that addressed the broader Community Goals with an emphasis on human services. We did not recommend funding for the arts or sports/recreation 3 .. Dec. 21. 2005 4:41PM Nann Assoc.=VELOPMENT ~40.0304 FP. 2 .. MEMORANDUM TO: Chns Bendon, Community Development Director FROM: James Lindt, Senior Planner <I~-~,_ RE: The Residences at Little Nell- Insubstantial PUD Amendment DATE: December 8, 2005 SUMMARY: The Residences at Little Nell, LLC, represented by Vann Associates, has applied for an insubstantiaI amendment to the approved Residences at Little Nell Subdivision/PUD to amend the approved PUD to allow for the two (2) free-market residential units approved within the development to be converted to ftsctional ownership units. Ordinance No. 30, coe Series of 2004, which approved the RÂ¢sidences at Little Nell Subdivision/PUD contained a 4- Lf) condition of approval allowing for thÂ© subject units to be fraotionalized pursuant to an 0 0 insubstantial PUD amendment. Al?PLICANT: The Residences at Little Nell. LLC, Represented by Vann Associates. ZONING: o Lodge with a PUD Overlay. - REVrEW PROCEDURE: The Community Development Director may approve, approve with conditions, or deny an insubstantial amendment to an approved PUD pursuant to Land Use Code Section 16.445.LOG, Planned Unit Developments. STAFF COMMENTS: In reviewing the Applicant's request. Staff believe& that the conversion being proposed is consistent with the approvals granted in Ordinance No, 30, Series of 2004, approving the Residences at Little Nell Subdivision/PUD. The ordinance-approving the original project contains a section identifying that the Applicant may convert the two (2) wholly-owned residential units to fractional units and Gclude, them in the timeshare use plan, provided that an insubstantial PUD amendment is appmved for record keeping purposes- Staff further feels that the proposed conversion is consistent with the lodging goals of the community in that the units are more likely to be occupied and rented on a short-term basis if they are included in the timeshare use plan than ifthoy arc maintained as wholly-owned rÂ¢sidential units. RECOMMENDATION: Staff believes that this application meets the review standards for granting an insubstantial PUD amendlneut and recommends that the Community Development Director approve this insubstantiaI PUD amendment to allow for the two (2) wholly-owned residential units 1 Receivec Time Dec. 3. 10:59PM DEC-21-2005 09:44AM FAX:970 920 9310 ID: PAGE:002 R=95% 12/22/2 0 1 : 58I 518768 Page: 1 0 JAN. CE K VOS CALD.LL PITK_N COLA-Y O R 41.00 D .00 Dec. 21. 2005 , 412?M (Va~Assoc. EVELOFMENT AVo, 0304 ?P. 3 approved in the original PUD to be converted to timeshare lodge units and included in the timeshare LIse plan. APPROVAL: I hereby approve this insubstantial unÂ¢ndment to the Residences at Little Nell SubdivisioWPUD allowing for the two (2) wholly-owned residential units to bo converted to timeshare lodge rooms and jncluded in the Rasidences at Little Nell'& timeshare use plan, with the following condition: 1. The Applicant shall record this document at the Pitkin County ClÂ©rk and Recorder's Office within thirty (30) days of approval. 2, The units subject to the Conversion shall be included in the tanesha use plan pursuant to the terms that Were applied to the other fractional units in the Residences at Little Nell Subdivision/PUD. 3- The School Lands Dedication fees that were paid to the City of Aspen fot the two (2) free market residential units subject to this application shall not be refundable. Â¢44 dat~~CO ~),9d19 Chris Bendon, Community Development Director ACCEPTANCE I, as a person being or representing the applicant, do hereby agree to the condition of this approval and certify the information provided in this application is correct to the best of my knowledge. Applicant: The' Residencei 011 little Nell pevelopment 14 \ \ \4 - 4 Â»I : 54 ed'/1, 3roote A. lptter,on,\*t O~r~ey-in-Fact Date: Racember 21, 2005 ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings ~ Exhibit B - Application 111111111111.1111111-111-111- 1-11111-1 12/22/2005 01:58I 518768 Page 2 of 8 JAN.CE K VCS CALJ_LL PITKIN COLk-Y CO R 41.00 D 0.00 2 Received Time Dec. 13. 10:59?M DEC-21-2005 89:44AM FAX:970 920 9310 ID: PAGE:003 R=95% Dec. 21. 2005 , 4:42PM 'Va~ssoc. EVE~OPMENT NVO. 0304 EP. L 518768 im'&1111%1111%11'ivill'%'i 12/22/2005 01 :581 Page: 3 of 8 JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00 Exhibit A Review Criteria Insubstantial PUD Amendment. 1. A change in the use or character of the development. Staff Findinz: Staff does not believe that the proposed amendment will Â©hangÂ© the character of the development and will further compliance with the community's lodging goals. Staff finds this criterion to bemet 2. An increase by greater than thres (3) percent in the overall coverage of Structums oIl the land. Staf[Finding: The amendment does not increase the Overall coverage of structures. Staff finds this criterion to be met. 3. Any amendment thar substantially increases trip generation rates of the proposed development, or the demBnd for public facilities. Staff Finding: Trip generation and demand fot public infrastructure are not impacted by this change. Staff finds this criterion to be met- 4. Areduction by greater than three (3) percent of the approved open space. Staff Finding: The amount of open space will not be reduced as a result of this amendment. Staff finds this criterion to be met. 5. A reduction by greaterthan one (l) percent ofthe off-meet parking and loading space. StaffFindine: Tile Applicant is not requesting an amendment to the existing or required number of parking spaces. Staff finds this criterion to be met. 6- A reducton in required pavement widths or rights-of-way for streets and easements. Sta#Iinding: Tile Applicant is not proposing Â©liong~ to right-of-way widths, Staff finds this criterion to be met. Received Time Dec. 13. 10:59 PM DEC-21-2005 09:44AM FAX:970 920 9310 ID: PAGE:004 R=95% De c.21. 2 005 4 :42 PM Va~*ss o c, E VE L OF MEN -1 No. 0304 ip, 5 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff Finding: The Applicant is not proposing changes to a commercial building. Staff finds this criterion to be met. 8. An increase by greater than one (1) percent in the approved residential density of the development. Stafffidine: The Applicant is not proposing an increase in the residential density. Staff finds this criterion to be met 9. Any change which is inconsistent witli a condition or 1-epresentation of the projecfs oliginal approval or which requires granting a filither variation from the project's approved use or dimensional requirements. Staff Finding: The proposed amendment is consistent with the project; s original approval. Staff finds this enterion to be met. 518768 11 '111 11111 lili 1 11111 11'11 11 I lilli lili Page: 4 of 8 12/22/2005 01:58I JANICE K VOS CALDILL , ITKI I-J~TY C) R 41.00 D 0.00 Received Time Dec, 13. 10:59PM -21-2005 09:44AM FAX:970 920 9310 ID: PAGE:005 R=95% ./. Dec.21 2005 5:29PM Vann Assoc. Vo. 0305-P. 1- . EXHIBIT VANN ASSOCIATES, LLC Planning Consultants November 25,2005 HAND DELEERED 111111111111-1111111111111111111111 12/22/2005 01.52 518768 Page: 5 of 8 JANICE K VOS CALDILL PITKIN COLN-Y CO R 41.00 D 0.00 Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Residences at Little Nell Subdivision/PIJD Insubstantial PUD Amendment Dear Chris: Please consider this letwr an application for an insubstantial PUD amendment for the Residences at Little Nell Subdivision/PUD (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.445. 100,A. of the Aspen Land Use Code by the owner of the property, The Residences at Little Nell Development, LLC, a Delaware limited liability company. A Commitment for Title Insurance evidencing the Applicant's ownership of the property is attached as Exbibit 2. Permission for Vann Associates to represent the Applicant is attached as Exhibit 3. A land use application form and an application fee agreement are attached as Exhibits 4 and 5, respectively. Proposed Amendment As presently approved, the Residences at Little Nell project contains two free market residential units which were to be condominiumized and sold as whole ownership units. The two units are depicted as Units A and B on Ihe attached floor plans which were submitted in connection with the project' s final PUD application (see Exhibit 6). Section 9 of City Council Ordinance No. 30, Series of 2004, which granted final PUD approval to the project, provides for the conversion of the two Units to fractional ownership units and their inclusion in the approved timeshare use plan subject to the approval of an insubstantial PUD amendment (see Exhibit 7). This provision is also memorialized in Article III., paragraph 3.1(b) of the project's recorded subdivi- sion/PUD agreement (see Exhibit 8). Given the popularity of the project's fractional ownership units, as evidenced by recent sales, the Applicant wishes to exercise the right to include the two free market residential units in the project's timeshare use plan and to sell fractional interests therein. 230 East Hopkins Ave. â€¢ Aspen, Colorado 81611 o 970/925-6958 Fax 970/920-9310 DEC-21-2005 10:31AM FAX:970 920 9310 ID: PAGE:001 R=95% Dec. 21 2005 5:29PM Vann Assoc. 40. 0305 P 2 .. Mr. Chris Bendon November 25,2005 Page 2 Review Requirements While Ordinance No. 30 imposes no conditions on the Applicant's right to convert the two residential units to fractional ownership units, Section 26.445.100.A. of the Regulations contains various criteria regarding the applicability of the insubstantial PUD amendment process. The following are specifically precluded from consider- ation as an insubstantial amendment. 1. "A change in the use or character of the development." The proposed conversion of the two whole ownership free market residential units to fractional ownership units will not change the predominant use or character of the development. 2. "An increase by greater than three percent in the overall coverage of structures on the land." The proposed conversion will not increase the development's land coverage. 3. "Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities." The proposed conversion will not increase the development's trip generation rates or increase its demand for public facilities. 4. "A reduction by greater than three percent of the approved open space." The proposed conversion will not reduce the development' s approved open space. 5. "A reduction by greater than one percent of the off-street parking and loading space." The proposed conversion will not reduce the development's approved oil-site parking or loading area. 6. "A reduction in required pavement widths or rights-of-way for streets or easements." The development does not contain internal streets. 111111111 1 111 lili 11 111 lili Ill 12/22/2005 01 -52I 518768 Page: 6 of 8 JANICE K VOS CALCILL PITKIN COLE-Y CO R 41.00 D 0.00 DEC-21-2005 10:32AM FAX:970 920 9310 ID: PAGE:002 R=95% Dec. 21. 2005 5:30?M Vann Assoc. Vo. 0305 P. 3 .. Mr. Chris Bendon November 25, 2005 Page 3 7. "An increase of greater than two percent in the approved gross [easable floor area of commercial buildings." The proposed conversion will not affect the development's approved net leasable commercial area. No variations from the development's approved dimension- al requirements are required. 8. "An increase by greater than one percent in the approved residen- tial density of the development." The proposed conversion will not increase the development' s approved residential density. No residential units will remain following the conversion 9. "Any change which is inconsistent with a condition or representa- tion of the project's original approval or which requires granting a variation from tile project's approved use or dimensional requirements." The proposed conversion is specifically provided for in the development's approved subdivision/PUD agreement. To ensure that the proposed insubstantial PUD amendment tracks with the develop- ment's prior approvals, the Applicant requests that your administrative approval docu- ment specifically reference the legal description of the Residences property (see Exhibit A to the Title Commitment), and that you record the document with the Pitkin County Clerk and Recorder. Should you wish, the Applicant's attorney, Art Daily, would be happy to review the document to ensure that appropriate references are made to both Ordinance No. 30 and to the recorded subdivision/PUD agreement. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call Yours truly, VAN~SO~0~, LLC ann, AICP 1 ill'11 lilli lili ill'11111 lilli '1111 ill 1111111111 518768 Page: 7 of 8 12/22/2005 01:58 SV:owÂ¥ JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00 Attachments DEC-21-2005 10:32AM FAX:970 920 9310 ID: PAGE:003 R=95% Dec. 21. 2005 5:30PM Vann Assoc. Vo. 0305 P. L .. Mr. Chris Bendon November 25,2005 Page 4 cc: Brooke Peterson John Sarpa Arthur C. Daily, Esq. c:\oldclbus\city.app'upp44702.amd 111111111-11- lillill--1-111111-1 12/22/2005 01 Â·58 518768 Page: 8 of 8 JANICE K VOS CALDILL PITKI JUrÂ· -Y CO R 41.00 D 0.00 DEC-21-2005 10:32AM FAX:970 920 9310 ID: PAGE:004 R=95% .. HOLLAND & HART LLP ATTORNEYS AT LAW DENVERÂ· ASPEN 600 EAST MAIN STREET, SUITE 104 TELEPHONE (970) 925-3476 BOULDER Â· COLORADO SPRINGS ASPEN, COLORADO 81611-1991 FACSIMILE (970) 925-9367 DENVER TECH CENTER BILLINGS Â· BOISE Â· CASPER Arthur C. Daily CHEYENNEÂ· JACKSON HOLE SALT LAKE CITY Â· SANTA FE adaily@hollandhart.com WASHINGTON, D.C. MEMORANDUM January 4,2006 TO: James Lindt, Senior Planner, City of Aspen (hand delivered) FROM: Art Daily RE: Residences Insubstantial PUD Amendment I'm enclosing for your file a copy of the Residences Insubstantial PUD Amendment granted by the Community Development Director on December 13, 2005, allowing for the two wholly-owned residential units in the project to be converted to timeshare lodge rooms. The Amendment was recorded December 22,2005 as Reception No. 518768. Thanks for your assistance in the matter. CC: Sunny Vann (via fax to 920-9310) .. 130 S. Galena St. Aspen CO 81611 Aspen Community (970) 920-5090 (970) 920-5439, fax Development Department )X TO: Sunny Vann From: James Lindt Fax: 920-9310 Pages: Phone: Date: 12/13/05 Re: Residences at Little Nell CC: C] Urgent U For Review U Please Comment C] Please Reply U Please Recycle â€¢ Comments: Hi Sunny, Please have the attached decision notice signed by your client agreeing to the conditions of approval and then recorded at the Clerk and Recorder's office. Then please bring me a copy of the recorded document for our files. Thanks, James . .. MESSAGE CONFIRMATION JAN-03-2006 01:05 PM TUE FAX NUMBER : 9709259415 NAME : HOLLAND & HART NAME/NUMBER : /'0860#46350*0001#5440488 PAGE :/19 j START TIME : \IAN-03-2006 01: 04PM TUE ELAPSED TIME : 01'08" MODE : STD ECM RESULTS : [ O. K ] -HOLLAND & HARTLLP ATTOKMKYS A 1 LAW DENVERÂ· ASPEN 600 EAST MAIN S'IRECT SUITE W TFLOPHONC (970} 92:,-3475 BOULL,FR Â· COI ORADO SPRINGS ASPEN COLORADO 51611-1941 FACSIMILE Ellk 925-9307 DENVER TECH KI ER BILLINGS Â· BOISE Â· CASPE' Arthur C. Daily CHEYENNE Â· JACKSON HOLT SALT LAKE CIT/ SANTA FF adaily@hollandharl Com WASHINGTON. 0 C MEMORANDUM January 3,2006 TO: Brocike Peterson (via fax to 544-0488) John Sarpa (via fax to 544-8271) Sunny Vann (via fax to 920-9310) FROM Art Daily RE: Residences Insubstantial PIJD Amendment Enclosed to each of you lot your file is a copy of the Residences Insubstantial PUD Amendment granted by the Community Development Director on December 13, 2005, allowing for the two wholly-owned residential units m the project to be converted to timeshare lodge rooms (fractional ownership) The Amendment was recorded December 22,2005 as Reception No. 518768. .. MESSAGE CONFEMATION JAN-03-2006 01:08 PM TUE FAX NUMBER : 9709259415 NAME : HOLLAND & HART NAME/NUMBER : ..0860#46350*0001#5448271 PAGE :~9) START T IME : ~g*-03-2006 01: 06PM TUE ELAPSED TIME : 01' 12" MODE : STD ECM RESULTS : [ O. K ] HOLLAND & HAR'I LLP ATTORNEYS AIIAW DENVER Â·ASPEN GOO EAST MAIN AIREET, SUITE 104 TELEPHONE (970) 925Â·3476 BOULDER Â· COLORADO SPRINGS ASPFN COLORADO u,611-1991 FACSIMILE t970) 925-9367 DENVER T[CH CENTFR BILINGS Â· BOISE Â· CASPER Arthur C Daily CHEYENNE Â· JACKSON HOLE SAI T LAKE CITY Â· SANTA FI adally#hollandhart.Lom WASHINGTON. U.C. MEMORANDUM January 3,2006 TO: Brooke Peterson (via fax to 544-0488) John Sarpa (via fax to 544-8271) Sunny Vann (via fax to 920-9310) FROM: ATI Daily RE: Residences insubstantia] PIJD Amendment Enclosed to each of you for your file is a copy ol' the Residences 1nsubstantial PUD Amendment granted by the Community Development Director on December 13,2005, allowing for the two wholly-owned residential units in the project to be converted to timeshare lodge rooms (fractional ownership). The Amendmeni was recorded December 22,2005 as Reception No. 518768. e . MESSAGE CONFEMATION JAN-03-2006 01:10 PM TUE FAX NUMBER : 9709259415 NAME : HOLLAND & HART NAME/NUMBER : ~-08Â§0#46350*0001#9209310 PAGE :1 9/ START T IME : c-JAN-03-2006 01:08PM TUE ELAPSED TIME : 01' 28" MODE : STD ECM RESULTS : [ O. K ] HOLLAND & HART LLP A 1 1()R NhYS AT LAW DINVER Â· ASPEN 600 CAST MAIN STREET, SU liE 104 TELEPHONE (970) 925Â·3476 GOILIER Â· COLORADO SPRINGS ASPEN, COLORADO 81/11-1901 FACSIMILE (9/0~ 923-9387 DENVFF TECH CENTER BILLINGS Â· AOISE CASPER Arthur C Daily CHCY[ING - JACKSON HOLE bALT LAKE CITY â€¢ SAN1A Itc adaily@hollandhurt.coin WASHINGTON DC. MEMORANDUM January 3,2006 TO: Brooke Peterson Gia fax to 544-0488) John Sarpa (via fax to 544-8271) Sunny Vann (via fax to 920-9310) FROM: Art Daily REÂ· Residences Tnsubstantial PUD Amendment Enclosed to each of you for your file is a copy of the Residences Insubstantial PUD Amendment granted by the Community Development Director on December 13,2005, allowing for the two wholly-own.ed residential units in the project to be converted lo limesharc lodge rooms (fractional ownership)- The Amendment was recorded December 22,2005 as Reception No. 518768. . Phi'b ~~f ~)9 u .. VANN ASSOCIATES, LLC Planning Consultants November 25, 2005 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Residences at Little Nell Subdivision/PUD Insubstantial PUD Amendment Dear Chris: Please consider this letter an application for an insubstantial PUD amendment for the Residences at Little Nell Subdivision/PUD (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.445. 100.A. of the Aspen Land Use Code by the owner of the property, The Residences at Little Nell Development, LLC, a Delaware limited liability company. A Commitment for Title Insurance evidencing the Applicant' s ownership of the property is attached as Exhibit 2. Permission for Vann Associates to represent the Applicant is attached as Exhibit 3. A land use application form and an application fee agreement are attached as Exhibits 4 and 5, respectively. Proposed Amendment As presently approved, the Residences at Little Nell project contains two free market residential units which were to be condominiumized and sold as whole ownership units. The two units are depicted as Units A and B on the attached floor plans which were submitted in connection with the project' s final PUD application (see Exhibit 6). Section 9 of City Council Ordinance No. 30, Series of 2004, which granted final PUD approval to the project, provides for the conversion of the two units to fractional ownership units and their inclusion in the approved timeshare use plan subject to the approval of an insubstantial PUD amendment (see Exhibit 7). This provision is also memorialized in Article III., paragraph 3.1(b) of the project's recorded subdivi- sion/PUD agreement (see Exhibit 8). Given the popularity of the project' s fractional ownership units, as evidenced by recent sales, the Applicant wishes to exercise the right to include the two free market residential units in the project' s timeshare use plan and to sell fractional interests therein. 230 East Hopkins Ave. ' Aspen, Colorado 81611 ' 970/925-6958 ' Fax 970/920-9310 . 0 Mr. Chris Bendon November 25, 2005 Page 2 Review Requirements While Ordinance No. 30 imposes no conditions on the Applicant' s right to convert the two residential units to fractional ownership units, Section 26.445.100.A. of the Regulations contains various criteria regarding the applicability of the insubstantial PUD amendment process. The following are specifically precluded from consider- ation as an insubstantial amendment. 1. "A change in the use or character of the development." The proposed conversion of the two whole ownership free market residential units to fractional ownership units will not change the predominant use or character of the development. 2. "An increase by greater than three percent in the overall coverage of structures on the land." The proposed conversion will not increase the development's land coverage. 3. "Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities." The proposed conversion will not increase the development' s trip generation rates or increase its demand for public facilities. 4. "A reduction by greater than three percent of the approved open space." The proposed conversion will not reduce the development's approved open space. 5. "A reduction by greater than one percent of the off-street parking and loading space." The proposed conversion will not reduce the development's approved on-site parking or loading area. 6. "A reduction in required pavement widths or rights-of-way for streets or easements." The development does not contain internal streets. .. Mr. Chris Bendon November 25, 2005 Page 3 7. "An increase of greater than two percent in the approved gross leasable floor area of commercial buildings." The proposed conversion will not affect the development's approved net leasable commercial area. No variations from the development's approved dimension- al requirements are required. 8. "An increase by greater than one percent in the approved residen- tial density of the development." The proposed conversion will not increase the development' s approved residential density. No residential units will remain following the conversion. 9. "Any change which is inconsistent with a condition or representa- tion of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements." The proposed conversion is specifically provided for in the development's approved subdivision/PUD agreement. To ensure that the proposed insubstantial PUD amendment tracks with the develop- ment's prior approvals, the Applicant requests that your administrative approval docu- ment specifically reference the legal description of the Residences property (see Exhibit A to the Title Commitment), and that you record the document with the Pitkin County Clerk and Recorder. Should you wish, the Applicant's attorney, Art Daily, would be happy to review the document to ensure that appropriate references are made to both Ordinance No. 30 and to the recorded subdivision/PUD agreement. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN/SOCI90*, LLC Funifann, AICP ' V SV:CWV Attachments .. Mr. Chris Bendon November 25, 2005 Page 4 Ce: Brooke Peterson John Sari?a Arthur C. Daily, Esq. c:\oldc\bus\city.app\app44702.amd EXHIBIT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 429.2765 DATE: 11/19/05 PROJECT: Residences at Little Nell Insubstantial Amendment REPRESENTATIVE: Sunny Vann OWNER: Residences at Little Nell Development, LLC TYPE OF APPLICATION: Insubstantial PUD Amendment. DESCRIPTION: The applicant would like to convert the two free-market residential units to timeshare units pursuant to the original approval, which contemplated such a conversion. The project is under construction. Applicable Code Sections: 26.445.100(A) Planned Unit Development (PUD) Amendment 26.304 Common Development Review Procedures Review by: Staff for complete application and review for approval. Public Hearing: No. Planning Fees: $660 Deposit for 3 hours of staff time (additional stafftime required is billed at $220 per hour) Referral Fees: $0 Total Deposit: $660 To apply, submit the following information: 1. Total Deposit for review o f application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Signed fee agreement. 4. Pre-application Conference Summary. 5. An 8 1/2" x 11" vicinity map locating the subject pareels within the City of Aspen. 6. Proof of ownership. 7. A written description of the amendment and a written explanation of how it complies with the insubstantial review standards. 8. A drawing depicting the units being affected by the amendment. 2 Copies of the complete application packet (items 2-8) Notes: The PUD amendment should be recorded and referenced to the PUD Plat and the PUD agreement. Process: Apply. Planner checks application for completeness. Application referred to applicable referral agencies. Applicant is given a public hearing date by Staff. Staff writes a memo of recommendation. Planning and Zoning Commission reviews case and makes final decision. If Planning and Zoning Commission denies the Pt.JD amendment request, the Applicant may appeal the decision to City Council. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. NOV-17-2005 10:24 FROM:HOLLAND & MIÂ£T 9709259415 TO:970 920 9310 EXHIBIT COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 12, 2005 at 8:00 AM Case No PCT19258PRO 2. Policy or Policies to be issued- (a> ALTA Owners Policy-Form 1992 Amounts 0.00 Premium$ 0,00 Proposed Insured: Rate: (b) ALTA Loan Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-Form 1992 Amount$ Premium$ Proposed Insured- Rate: Tax Certificate: S 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: THE RESIDENCES AT LITTLE NELL DEVELOPMENT LLC, A DELAWARE LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Allached Exhibit A- Pll-KIN COUNTY'IrTI.F., INC- Schedule A-PG.1 601 E l IOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 F. x unless the Insuring 877-217-3158 Toll tirce Provisions and Schedules A and B are attached. AUTHC~RIZED ACENT Countersigned: Uu,4/ Received Time Nov.17. 5:24PM kÂ·: NOV-17-2005 10:24 FROM:HOLLAND & Illl 9709259415 TO:970 920 9310 P.3/7 EXHIBIT "A" LEGAL DESCRIPTION LOT 1, RESIDENCES AT LITTLE NELL SUBDIVISION/PUD, according to the Final Plat thereof recorded May 17,2005 in Plat Book 73 at Page 21 as Reception No. 510209. Received Time Nov.17. 5:24PM NOV-17-2005 10:24 FROM: HOLLAND & ~ 9709259415 TO:970 920 9310 P.4/7 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of lhe 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: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. Received Time Nov. 17. 5:24PM NOU-17-2005 10:24 FROM:HOLLAND & ~ 9709259415 TO:970 920 9310 P.5/7 SCHEDULE B SECTION 2 EXCEITI'IONS The policy or poltcles to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in United States Patent recorded August 26, 1949 in Book 175 at Page 298. 8. All interest in all oil, gas and other mineral rights, as set forth in instruments recorded Januar, 28,1957 in Book 178 at Page 541, Decree recorded May 13, 1968 in Book 184 at Page 7 and Deed recorded March 24, 1960 in Book 190 at Page 204. 9. Terms, conditions, provisions and obligations as set forth in Development Order of the City of Aspen Community Development Department recorded January 12, 2005 as Reception No. 505925. 10. Termst conditjons, provisions and obligations as set forth in Grant of Water Line Easement recorded May 9,2005 as Reception No. 509850. 11. Terms, conditions, provisions and obligations as set forth in Waterline Relocation Agreement for The Residences at Little Nell Subdivision/PUD recorded May 12, 2005 as Reception No. 510044. 12. Terms, conditions, provisions and obligations as sel forth in Tieback Easement Agreemenls recorded May 17, 2005 as Reception No's. 510187,510188 and 510189. 13. Terms, conditjons, provisions and obligations as set forth in Revocable Encroachment Licenses recorded May 17, 2005 as Reception No. 510205 and 510206. 14. Terms, conditions, provisions and obligations as set forth in Ski Trail Easement Agreement recorded May 17, 2005 as Reception No. 510207, 15. Terms, conditions, provisions and obligatjons as set forth in The Residences at Little Nell Covenant Regarding Utility Easements recorded May 17, 2005 as Reception No. 510208. (ConUnued) Received Time Nov. 17. 5:24PM NOV-17-2005 10: 24 FROM: HOLLAND & I~ 9709259415 TO:970 920 9310 P.6/7 SCHEDULE B SECTION 2 EXCIN'17ONS - (Continued) 16. Easements, rights of way and all matters as disclosed on Plat of subject property recorded May 17, 2005 in Plat Book 73 at Page 21 as Reception No. 510209 and Improvement Location Survey of The Residences at Little Nell Development, LLC, Property, recorded May 17, 2005 in Plat Book 73 at Page 60 as Reception No. 510215. 17. Terms, conditions, provisions and obligations as set forth in Subdivision/PUD Agreement for The Residences at Little Nell Subdivision/PUD recorded May 17, 2005 as Reception No. 510210. 18. Terms, conditions, provisions and obligations as set forth in Improvements and Easements Agreements recorded May 17, 2005 as Reception No. 510216. 19. Deed of Trust from: THE RESIDENCES AT LITTLE NELL DEVELOPMENT LLC, A DELAWARE LIMITED LIABILITY COMPANY to the Public Trustee of the County of for the use 01 : ALPINE BANK original amount : $5,500,000.00 dated : July 1,2002 recorded : July 1, 2002 recepbon no. 469347 20. Deed of Trust from: THE RESIDENCES AT LITTLE NELL DEVELOPMENT LLC, A DELAWARE LIMITED LIABILITY COMPANY to the Public Trustee of the County of for the use of : ALPINE BANK original amount : $5,280.000.00 dated : July 28,2004 recorded : July 29,2004 reception no. : 500220 Received Time Nov. 17. 5:24?M . EXHIBIT November 17, 2005 Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Bendon: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our insubstantial PUD applica- tion for the Residences at Little Nell. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company By: 74* :6~--.-,- B~oo e A. Pe rs ,%4~ orized Signatory c:\olde\bus\city.Ltr\ltr44702.Cb6 .. EXHIBIT LAND USE APPLICATION APPLICANT: Name: --8.16 F,6+DIT,Ek\<De-, 41- urrue: AeÂ£-6 ral ann-le'.r,r Location: a.Â£ Sbs 064+1 446 - ./f/>6,-1 4Â£> 91-/) (Indicate street address, lot & block number, leÂ¢al description v;here appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: 41_16/1-M VAL-IU \M*J/4,6<5Â£0416<3 CLC Address: 73Â£1.69 41rltl }49. ,Â«red:co 8/<-11 Phone #: 925-4912 PROJECT: Name: -1-Ae rre:Gra\CezL Â« UrrLE:Â· 14â‚¬LL Address: ess )964-1 4/6.,45rG- 1;60 8/411 Phone #: TYPE OF APPLICATION: (please check all that apply): Conditional Use D Conceptual PUD U Conceptual Historic Devt. Special Review U Final PUD (& PUD Amendment) [3 Final Historic Development Design Review Appeal U Conceptual SPA D Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) C] Historic Demolition GMQS Exemption U Subdivision U Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split U Temporary Use Ef~ Other: U Lot Line Adjustment U Text/Map Amendment /54k-25*;5%4'73*L /03/3 4+-leur> Ae[-tr EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, ete.) PROPOSAL: (description ofproposed buildings, uses, modifications, ete.) <50#-A,am- E PKEE /=HAI,%7- REL,ne,-Enlâ‚¬- ON rlt 76 PMACT,Â©#46 Cke/NE,9:W Ir' Hay, you attached the following? FEES DUE: $ Â£5<>~ ~'re-Application Conference Summary 2'Attachment # 1, Signed Fee Agreement Â£ Response to Attachment #3, Dimensional Requirements Form El/Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards RETAIN FOR PERMANENT RECORD mmmmmm IMi 0 0 1 EXHIBIT -1 S CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 7~6 /'~ *97-- 25â€¢77ZE:.4~ fig,/eZ-<sp,-48,-1-r La= (hereinafter APPLICANT) AGREE A<FOLLOWS: 1. APPLICANT has submitted to CITY an apDlication for 1*Air,9*tr-14(, Fur-> ApleA r->1-le,-rr (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT' S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICAN By: C By: ;4*164 7 09\~ - Chris Bendon Community Development Director L,,Wate: li < l\z, 4 r Billing Address and Telephone Number: Required 32:32 d*fy>*99415.0~ves: ~Pal:02> 8/Ul 971/â‚¬~44 -0499 g:\support\forms\agrpayas.doc 11/30/04 RETAIN FOR PERMANENT RECORD $ 1 1 1 =0 ~ SC4TE 1 BUILDING GALENA PLACE - SOUTH CONDOMINIUMS GALENA STREET CONDOMINIUMS GALENA STREET DURANT GALENA ~ d..- CONDOMINIUMS PLACE -4 CONDOMINIUMS - F. 7-'22 IFY / AT~ 6.-1 14 079 k r=1", â€¢_ef. 3 ial|,4, *~53 - 11-- - - - - 'd_=11-1.11.11 AnwÂ®11==Emim[I F= i 1 PARCEL F \ .\ PARCEL E 1-01 1 - -fl 1 111=11Â·111 11 1 E--1 = 1 | UNIT /ZI 11 4 0 11 11'T '1 1 An - 11: lili 1 ; 1,1 1 A-~ ' ty ~ 4 ik- 111'",1' ~ 11 113 i ' 1 1 // / R W.. 'OCm h 41, / TAUBER / 01 - 1 11 1 +2:111 RESIDENCE 1 - I~' ~~~~rÂ·~~-LI J -4 1.11 851 1 Ad, 1 21 L1~k-111 ill#~ 11 '3 <3 'IMRCEL G\' \.*..1%" *. . UN,' â€¢ UNIT â€¢13 'r-i- 11 lili ! : 14 1,1 :11 n==7 LL 4 a 1 11.11& 1 1 1 5;. -M ~tit~O#~ :[i 1 PRO*rNM -CE]- - 31/' 4' ~ Â· lail .. .....gÂ»va CONDOMINIUMS ot' lilli ]1 1 , %/1, NORTH OF - NELL 'F' -11' Â»0<Â».'>?28630 - 1-=.61.11 ~11111 ~111 -m 1 -0 ~A--AAA~>O<- 1 I ........ El 4 E';1 41'i'~il 1 41 4- 1 -- T PROP/â€¢rr./. 1 1 1:19 0 1 - Li ft Fl T 1 1 1,11111 1,1 1 11 1 1 1 ##Al 1,~ 1 \\ 'j UTTLE NELL SK/ 1\ GONDOLA BUILD/NG j L - 1 PLAZA SLOPE GUEST LEVEL TWO PLAN & 1 L. 1 . =11 01 -1 . 826. RESIDENTIAL UNIT A LOWER LEVEL PLAN ~ 1 11 1 r-'~ SILVER QUEEN ~ | ~~---Â·-J GONDOLA /.1-j The Residences at Little Nell Aspen, Colorado pOSS Ak{111[1(:111;1-111/\11[~ING FINAL PUD SUB MITTAL 10 0- . ni I. :416/6 .Â· 05.01 2004 AU- .O, [AST .AlÂ» :T~[IT ..,1. ..ADO "" 0 10 26 m. tabbiesÂ· t\ FEXHIBI~1 SKATE BUILDING HYATT GRAND ~ ASPEN 0 GALENA PLACE SOUTH CONOOMINIUMS GALENA STREET COM)OMINIUMS GALENA STREET DURANT GALENA ~ CONDOMINIUMS PLACE CONDOMINIUMS ) 4-*p itn-f---- - /21.,i,- , -~ PROPEE?TY,~NE -/** /11=== [-- - - --1 --- --- - - =â‚¬J LINÂ«j--, -[/-lili ~1111 >h- - Â£4=L=.Waint P 1- ---- -1- -- - M- LE.ib%4kkff 1111111111111111111 l PARCEL F L ~ARCEL E 1,0,60\ .i K f.... 2*255 1 Ix * iiI N ~~- --- r~r-&7..krE'~2-1)1(1 '2 ~'i~ H UNIT 022 . TAUBER ,/ EV *h ~ RESDENCE ' | r U \PARCEL GN \ l 94 4 4 h-â€¢,1 711 L 7-1 UNIT A min mOW t- I 1,// Ir/~ UNIT #17 UNIT #24 ~ ~ *1â€ž61 ... . } L u 11 1 9 11~1~ 1 3~EI~.] UNIT #23 War] WI" A 4 (. e.,/0 .r, 34ar},1. _-11_.C~ \ PAOÂ»-INt -31' IiI :,11.0 a 1 DECK 1 NORTH OF NELL. Â»2,4Â»Â»XÂ©021 CONDOMINIUMS ~ 1 11.- 1, 9 , 1 11111 11, 1 11!1~111 lili ! 11 0 *PROPERTYL,NE I ~:I,iiÂ·.,I'::4,;iâ€¢'illl~Il 1 1 01"I I:'. 1 1 1 1 . 40 UTTLE ' NELL SK; SLOPE | ~ _ _ _{ i ~ - ~~ -~ GONDOLA . GUEST LEVEL THREE PLAN & r'~~ SILVER QUEEN~\ PLAZA RESIDENTIAL UNIT A UPPER LEVEL PLAN A GONDOLA BUILDING ~ L_ 1 The Residences at Little Nell Aspen, Colorado poss 41.mill:1111<[ I pll/\14NIFIC. FINAL PUD SUBMITTAL im i,i,/ eDoâ€žâ€ž 0 2904 4Nbt,~415U. 0501 2004 &'i:H rl}"D'.2, .la, il, .TD .0 2.,0 0 16 - e SKATE BUILDING t ~ HYATT GRAND r l w ASPEN -211 4 I \ jl 1 GALENA . .*. I J \A. ./r PLACE SOUTH CONDOMINIUMS GALENA STREET 4 CONDOUMS ..GALENA STREET Off (9 DURANT GALENA CONDOMINIUMS PLACE RX. &.-~ Â£ .2 1 Â£ 9 CONDOMINIUMS 1 /4 |In||All Â»2~ ~T_~~-~ PROPE"r,â€¢46 F I <2=-$ Lei 1,(,Iii Dll H 1 ''11 111111'ILL'111 11 2fammic=21lt@[I]LliFI- ------ - -- --1------ -- -- DE r I ./1 '. 1 < PARCEL F k \ PARCEL E = , i 1{(1(,F DE[ K :* I firl ow Â«14\ â‚¬ 1 %. 1=up==1=~I ~~' It~1 ~ TAUBER I UNITB 1 - 'lu I J RESIDENCE ~ A- 1 1-* FLAI ./.4 51 1 123:113 . '4 - 1 "-- - - bleKNE.. Fill-.11- ~~ ~RCEL G - MIC. 1 [1â€ž.1 flAill001 111111!it: 7 1\/ - 1 . ~1*6~771 -bâ‚¬c~ 0[ioN- l.'rj -1, 1 1; ~11144: PA-*TYLINE 6 4 f-t,1-1 41-131 - 11 -=-1-1-1.- ~LAiliâ‚¬,[i' | I| ~|~|| ~ ~|,||~| I NELL NORTH OF 1..1 M 'm:,-I.. %4.42233 CONDOMINIUMS Iti- & 9.1' 0'1 / \ li SUM 4 gi~i ~ 30~>00Â¤CO<V----- IlL- ' iHI[-dkÂ»,1 704: ~1"/Ir <54.. ~ ._,,_ _ -------- -4-00 - -- --r K \ 0 1 h 1 L r i *41: 1 il UTTLE 1 Im'.,0 r '11-1,1 11 1 1!1111:114111 :11 1 111 111'111 " ~ 1 ~ 1 1%19 11: 14,1 In, 1 NEIL SKI SLOPE , L 1 . C' 1/ RESIDENTAL UNIT B - 1 ,---] GONDOLA UPPER LEVEL PLAN S/LVER QUEEN ~ 1 1 PLAZA GONDOLA BUILDING ~ L_ 1 The Residences at Little Nell Aspen, Colorado poss .lillit.Illl<i illANFIUNG FINAL PUD SUBMITTAL 1111 .. ".1,1 .1,[. 02001 !*8.MIIA.â€ž 05.01 2004 3~ 2 ,T, -#.' .55 I'} *N-..SO SKATE BU#LD1NG HYATT GRAND f / GALENA PLACE SOUTH CONOOMIN/UMS GALENA STREET ~ CONDOMINIUMS GALENA STREET 49 4 DURANT GALENA ~ CONDOMINIUMS CONDLMCWUMS .: --1 '~~-Elj-__ f .J 1 1 W.=1 .1 ... PROPERIÂ¥'NE - L-Jr 7 # f A+4/Emit --- --~ 1 1 ill lili 11]~~1%/fill'~11 1. *t ~ PARCEL F 1.ff>Â« d -I'llOW ~ F=7 -111 11 1 1 1 11,1 j_ 31â‚¬lut __ir 13'~4 - ', ' TAUSER I L \1\7~221 / *A 51 El bil! 11'11.1,~11~41'i 1 Ra~ENCE i ~ F I ROOF - -*F Ill, 111111101111â€ž ~ ~PARCEL ~ 114~<i~- 1123! 2,:'.**1 UNIT 8 .1 11 F.L. 1 1.-1-....GAM, .El...... F==-==-1 *Rw 1 I PROPe. Lm DEL~ALLOA 11, 41 1 !1~ 1141111.111 NELL / Dri K .'Ir' i i p :i,Â·'ii'927.1 NORT11 OF CONDOMINIUMS *Mle 111 lilli , li I li '11*al' ' - I 2%%%3= 11 1 Ill 1 R'111,111'11,1 1.All' '1! IN#Â§#im,Â·4--32*j/'TE'JAI 6 1 1,1111,11 :1 1.11 . P,1 Pllilli':1,11 "1 lf)pao..Tri.. f i r 22721 Ell SLOPE | L_~ L- JF-- M -L RESIDENTAL UNIT B ' - ~~<tA i .9-1 GONDOLA i LOWER LEVEL PLAN |r/~~'~- SILVER QUEEN ~ 1 PLAZA GONDOLA BUILD/NG \ L. 2 The Residences at Little Nell Aspen, Colorado ~OSS Ak']Ill[(ill|kt +MANNING FINAL PUD SUB MITTAL 1101 enâ€¢ WaW*IxÂ·. 05.01 2004 ICU .01 [A,7 -rl :1â€¢117 Al"I ..." Ill 1,1.70'.25"SS ".,0,126'.0 , 10 . . MIM 1111111111 -111111 lili lili Page 1 of 15 0~~ 11/15/2004 11: SILVIA DAVIS FITKIN -=LNTY CJ R 75.00 D 0.00 Ordinance-No. 36 (SERIES OF 2004) AN ORDINANCE OF THE CITY COt]NCIL OF THE CITY OF ASPEN, COLORADO, APPROVING FINAL PLANNED UNIT DEVELOPMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMOS)- EX]tiMPTIONS, SUBDIVISION, CONDOMINII]MIZATION, TIMESHARE,ANAMENDMENT TO THE, OFFICIAL ZONING MAE AND ACCEPTING A DEDICATION OF LAND FOR PUBLIC-RIGHT-WAY IMPROVEMENTSFOR-THE-RESm-ENCES AT LITTLE NELL, LOCATED AT 535 DEAN AVENUE, AND AN AMENDMENT TO THE LITTLE NELL SPECIALLY PLANNED AREA, LOCATED AT 675 EAST DURANT AVENCIErenÂ¥*)1~XsPER, PITIKIN - COUNTY, COLORADO. Parcel ID (Tipple Lodge Parcel): 2737-182-36945 Parcel ID (Tipple Inn Parcel): 2737-182-36291 Parcel ID (Tippler Parcel): 2737-182-96033 Parcel ID (Conservation Parcel): 2737-182-36877 Parcel ID (Aspen Skiing Company Parcel): 2737-182-00080 Parcel ID (Little Nell Hotel Parcel): 2737-182-50 102 Parcel ID (Henn Residence): 2737-182-96002 Parcel ID (Anderman Residence): 2737-182-96005 Parcel ID (Jacoby Residence): 2737-182-96004 - Parcel IIi (Westpac Residence): 2737-182-96003 WHEREAS, the Community Development Department received an application from the Aspen Land -Fund, LLC (Applicant), represented by Sunny Vann of Vann Associates, requesting approval of a Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare approval Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, 8040 Greenline Review, and a dedication of land to the Dean Street right-of-way for the Residences at Little Nell Planned Unit Development; and, WHEREAS, the application submitted for the Residences at Little Nell (plans dated May 1, 2004) proposes a 108,000 square foot, multi-story structure consisting of 24 timeshare units, 8 hotel rooms, 2 condominium units, 8 affordable housing units, approximately 8,900 square feet of commercial space, and a 70 space sub-grade parking garage; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department Fire, Streets, Housing, Environmental Health, Parks and Water Departments as aresult of the Development Review Committee meeting; and WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the Final Planned Unit Development (PUD), Growth Management r,4 Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, City of Aspen Ordinance No. 30, Page 1 Series of 2004. . 11111111 111111111#m 504168 Page; 2 of 15 11/15/2004 11.06P S.LkIA DAVIS PITKIN COL.fri C.) R 76.00 D 0.00 Special Review, Amendment to the Official Zoning Map, Special Planned Area Ainendment and 8040 Greenline Review and recommended approval with conditions; and, WHF,REAS, pursuant to Section 26.430 of the Land Use Code, Special Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recqmmendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.435 of the Land Use Code, 8040 Greenline Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WIIEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to the Official Zone District Map, Section 26.440 (Special Plahned Area & Amendment), Section 26.445 (Final Planned Unit Development), Section 26.470- (Growth Management Quota System Exemptions), Section 26.480 (Subdivision and Condominiumization), Section 26.590 (Timeshare) approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, at their regularly scheduled meeting on June 2, 2004, the Aspen / Pitkin County Housing Authority forwarded a unanimous recommendation of approval with conditions to City Council to approve the proposed affordable housing mitigation and replacement units for the Residences at Little Nell; and WHEREAS, Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review by the Planning and -Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, the subdivision approval is for the amendment to the Little Nell Subdivision and adjacent Aspen Skiing Company parcel to create parcels to be conveyed and become part of Lot #1 Residences at Little Nell Subdivision, a replatting of the Tipple Woods Subdivision dissolving and replacing all former plats and renumbering former Lots 4, 5, and 6 as new Lots 1, 2, and 3, creation of Lot #1 of the Residences at Little Nell Subdivision with new easements and boundaries and eliminating all former internal property boundaries and easements, creation of multi-family units on Lot #1 Residences at Little Nell Subdivision, and creation timeshare estates on Lot #1 Residences at Little Nell Subdivision; and, WIIEREAS, during a regular meeting on August 3, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider fhe project and continued the public hearing to August 10, 2004; then continued it to August 17, 2004 A. where the Planning and Zoning Commission approved the request for Special Review and City of Aspen Ordinance No. 30, Page 2 Series of 2004. . l i li lm - 11- 1-Ilil ll' 111 Ill Ilill'll 504168 Page: 3 of 15 11/15/2004 11:060 SILViA DAVIS FITKIN COU..TY CO R 75.00 D 0.00 the 8040 Greenline Review and recommended City Council approve the Final Planned Unit Develobient <(PUD), Growth -Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, Amendment to the Official Zoning Map, and Special Planned Area Amendment by a four to zero (4-0) vote, with the findings and conditions listed hereinafter; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the -Municipal Code as identified herein, has reviewed and considered the recommendation ofthe Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WIIEREAS, the City Council finds that the application meeting or exceeding all applicable standards of the land use code of the City Of Aspen Municipal Code and that the approval *of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that the application for rezoning meets or exceeds the applicable standards for rezoning, including whether the proposed amendment is in conflict with any applicable portions of this Title, whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan, whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics, the effect of the proposed amendment on traffic generation and road safety, whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to *hi-ch the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities, whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, whether the proposed amendment is consistent and compatible with the community character in the City of Aspen, whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment, whether the proposed amendment would be in conflict with the public interest and whether it is in hannony with the purpose and intent of this Title, staff analysis of these standards included in Exhibit C of the September 27, 2004, staff memorandum to City Council, and comments and testimony provided by the public during public hearing; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: The Residences at Little Nell project is hereby approved, subject to the conditions of approval listed hereinafter. ,-% T Section 1: Rezoning City of Aspen Ordinance No. 30, Page 3 Series of 2004. .. The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat and Final PUD Plank, 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 G,TR) zone districts, as depicted in Exhibit A to this Ordinance and to be more precisely delineated on the Zoning Map ofthe Final PUD Plans. Section 2: Proiect Dimensions Considedng the dimensions of the underlying zone districts of the Residences at Little Nell property as a guide, the following dimensions of the project are approved and shall be reflected in the Final PUD Plans: 504168 tllilll litill 111'll lilll ~111 lill lillill lillillil l'11 lill Page: 4 of 15 11/15/2004 11:06R _E_26.-00__ D 0.00 --, , SILVIA DAVIS PITKIN COUNTY CO r'i City of Aspen Ordinance No. 30, Page 4 Series of 2004. lilli illi i. 1111'jill'Ill-11 04168 ~age: 5 of 15 11/15/2004 11:06A 5 -LUA [AUS PITKIN COL -TY CJ R 76.00 D 0.00 1 - Minimum Lot Size 66,737 Square Feet Minimum Lot Area per Dwelling Unit No requirement Maximum Allowable Density No requirement 24 units, comprised of 19 three-bedroom units and 5 four-bedroom units. 16 ofthe Timeshare units timeshare units include "lock-off" units for a total of 40 rentable divisions. Lodge Units 8 units 2 Free-market units. Also see Section 9. Residential Units 8 Affordable Studio units. Also see Section 8 Minimum Lot Width 206 feet measured along the Dean Avenue right-of-way. Minimum Front Yard Setback 0 feet Minimum West Side Yard Setback 0 feet Minimum East Side Yard Setback 0 feet Minimum Rear Yard 4 feet As represented on Final PUD Development Maximum Site Coverage Plan. Reference drawing #9 of application. As represented in the recorded Final PUD Plans Â·Height Plan. Also see Section 3. rh Maximum Height Reference drawing #30 of application. The recorded Height Plan shall govern over the application drawings. Min. Distance between Buildings No Requirement 0 percent provided areas outside the building Min. Percent of Open Space footprint shall only be developed according to the Final PUD Development Plan. Reference drawing #9 of application. Allowable External Floor Area 108,000 square feet. 2 short-term spaces within the porte-cochere 70 spaces within the underground parking Minimum Off-Street Parking Spaces garage. Reference drawings #10 a:nd #11 of application. Section 3: Height Plan The Final PUD Plans shall include a height plan depicting the height of the building at various points relative to the lower of existing or proposed grade and relative to a fixed elevation control point. Section 4: Multi-Family Housing Replacement Program The Development Order issued commensurate with final approval by City Council shall constitute a "Certificate of Compliance" in accordance with Chapter 26.530 - Multi- Family Housing Replacement Program. City of Aspen Ordinance No. 30, . Page 5 Series of 2004. .. / 1 1 #11, II Il munn'Imim 504168 Page: 6 of 15 11/15/2004 11:06@ LS-LkfA DANS PITKIN .-L..7 CO R 76.00 D 0-00 . Section 5: Impact Fees Park Impact Fees of $58,315.95 shall be assessed. Amendments to the Project or to the fee schedule adopt6d prior to issuance of a building permit shall require a new calculation. The following fee total is based on the current fee schedule: Park Fees - Proposed Development: 8 Studio affordable housing units @ $1,520 per unit = $12,160 8 studio lodge units@ $ 1,520 per unit = $12,160 19 three-bedroom lodge units @ $3,634 per unit = $69,046 5 four-bedroom lodge units @ $3,634 per unit = $18,170 2 four-bedroom residential units @ $3,634 per unit = $7,268 8,900 square feet of Commercial @ $1,785 per 1,000 s.Â£ = $15,886.50 Total = $134,690.50 Park Fees - Credit for Existing Development: 2 Studio residential units@ $ 1,520 per unit = $3,034 10 studio lodge units@ $1,520 per unit = $15,200 3 one-bedroom units@ $2,120 per unit = $6,360 9 two-bedroom units@ $2,725 per unit = $24,525 1 four-bedroom unit@ $3,634 per unit = $3,634 13,230 square feet of commercial @ $1,785 per 1,000 s.Â£ = $23,615.55 Total Credit = ($76,374.55) Total Park Impact Fee Due = $58,315.95 School Land Dedication Fees are assessed based on one-third the value of the 11nimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $28,357,900 from information on recent transactions provided by the applicant Divided by the 1.55 acres of land area (67,618 square feet), this results in a per acre value of $18,295,419. One-third of this value divided by the proposed 10 residential units results in a $609,847 per acre . standard for calculating the impact fee. Tile subject subdivision is not conducive to locating a school facilitfand a cash-in-lieu payment shall be accepted. School Land Dedication Fees are follows, payable at building permit issuance: 18 land Land Per unit Number value per Dedication Fee - of Units unit per standard acre (acres) Studio/One $609,847 .0012 $731.81 8 $5,854.50 bedroom - Two Bedroom $609,847 .0095 $5,793.55 0 $0 City of Aspen Ordinance No. 301 Page 6 Sedes of 2004. 5~168 Page: 7 of 15 11/15/2004 11:06A ,S -LVIA D KS FITKIN CCL..i Y C., R 76.00 D 0.00 Three $609,847 .0162 $9,879.52 0 $0 Bedroom Four Bedroom $609,847 .0248 $15,124.20 2 $30,248.40 Total: $36,102.90 Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The above fee total is based gIl the current fee schedule. Section 6: Water Department Standards The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 7: Sanitation District Standards The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use of a pumping station. Section 8: Affordable Housing The applicAnt shall provide affordable housing mitigation for 60 Full-Time Equivalents in the following manner: â€¢ Eight studio rental units to be constructed on site and restricted to Category 2. â€¢ Fifteen units to be provided by the "buy down" of the Obermeyer Resident Occupied (RO) one-bedroom units. Seven of these units shall be Category 2 and eightshall be Category 3. â€¢ Eight three-bedroom for-sale units to be constructed at the Aspen Airport Business Center (AABC), known as the Alpine Grove Condominiums. Three ofthese units shall be Category 2 and 5 shall be Category 3. A Certificate of Occupancy for the Residences at Little Nell shall not be issued until such time as Certificates of Occupancy for the deed restricted affordable housing units, which are required for mitigation, have been issued. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the APCHA Guidelines and the Obermeyer buy-down units shall be governed by the City Council approvals for the Obermeyer Place project. The applicant shall structure a deed restriction for the eight oIl-site studio rental units such that 1/1001 of 1% of those units are deeded in perpetuity to the APCHA; or the applicant may propose any other means that that APCHA determines acceptable. City of Aspen Ordinance No. 30, Page 7 SeMes of 2004. ' Eli -lili lill 1 - 1 -1111111111 ))LII 504168 Page: 8 of 15 11/15/2004 11:06A SILVIA D VIS FITKIN -16â€ž-1 Y CO R 76.00 D 0.00 Employees to be housed in the deed-restricted units shall meet the minimum occupancy' A -- requirements under the APCHA Guidelines. The deed restriction shall be recorded concurrently with the recordation of the condominium map to the City of Aspen and shall abide by all restrictions as stated in the Guidelines. Section 9: Conversion of Free-Market Residential Units to Timeshare Units The two free m-arket condominium units may be condominiumized and sold as wholly- owned residential units and occupied on a short- or long-term basis. These two units may be converted and included as part of the timeshare use plan pursuant to an Insubstantial PUD Amendment. Section 10: Subdivision Plat & Final PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and a Final 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 A-greement. 3. The location of utility pedestals with access easements for the utility provider. Transformers and pedestals shall be located outside ofthe 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 Occupancy. The Final PUD Plans shall include: 1. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. Approved project dimensions shall be printed on the final illustrative plan.~ 2. A landscape plan showing location, amount and species o f landscape improvements with an irrigation plan with a signature line for the City Parks Department. 3. Design specifications and profiles for the Dean Street improvements. To the extent practicable. the design for Dean Street improvements shall be consistent with any final master design plan adopted by the City for Dean Slreet improvements. 4. An architectural cliaracter plan demonstrating the general architectural character and depicting materials, fenestration, projections, and locations of projections such as elevator shaft heads, mechanical equipment, etc. Mechanical equipment shall be screened from pedestrian view. City of Aspen Ordinance No. 30, Page 8 Series of 2004. .. 11 1- 1111-111- 11111111111111-11 11/15/Z004 11:06A 504168 Page: 3 of 15 SILT 'A C IVIS PITKIN EX.T' CO R 76.00 D 0.00 5. Floor plans of each level depicting unit divisions and plaza level improvements. .'- 6. A utilityplan meeting the standards of the City Engineer and City utility agencies. 7. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil , . percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer (also see Sectionl 1, condition 6.) 8. An exterior lighting plan meeting the requirements of Section 26.575.150. Section 11: SubdivisionfPUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Pennit, the applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of-way with reference to their locations depicted on the Subdivision Plat. 2. The agreement shall state the ownership and maintenance responsibilities of the A common areas ofthe project. 3. The agreement shall include a maintenance and operating agreement for Dean Street. The design* installatioil maintenance and operational costs for new surface and subsurface improvements to Dean Street shall be borne by the owner of the Residences at Little Nell project and its successors and assigns. New subsurface improvements shall include a snowmelt system and similar features but exclude existing utilities within the right-of-way. Costs of replacing suiface and subsurface improvements as a result of accessing City-owned utilities or other subsurface work that damages surface and subsurface improvements installed by Residences at Little Nell, including the snowmelt system, shall be borne by the City of Aspen. The City of Aspen shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work on non-City-owned utilities. 4. An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastructure and provisions for noticing the City Streets Depaitnent, the City Engineering Department, utility providers (including City agencies), and emergency service providers. 5. An agreement to return Galena Street to an acceptable condition after construction, as determined by the City Engineer. Subsurface work may be necessary. Curb 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 City of Aspen Ordinance No. 30, Page 9 Series of 2004. 500168 111- 1 1111 Ill 11111' ll lili 11/15/2004 11:06A Page: 10 of 15 SILVIA DA.5 FITKIN COUNTY CO R 76.00 D 0.00 the cost of a 2" asphalt overlay over half the width of -Galdna Street along the A -- - -Â·-- ---:-- - ---frontage ofthe Little Nell property to Durant Street). 6, $172,000 to offset City expenditure for project-related off-site drainage improvements shall be payable concurrent with receipt of a building permit. This fee has been determined by the City Eli#ineer and prorated with other properties receiving such benefit. 7. In order to secure the performance of the construction and installation of improvements in the public rights-of-way, the landscape and public facilities performance security shall include and secure the estimated costs of proposed right-of-way improvements. 8. A license agreement to use Dean Street, or a portion thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per square foot per month for the time period in which the -Iand is 16 -be occupied for construction staging. Section 12: Pre-Construction Meeting Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Project Planner, Prime Contractor, City Staff Planner, Community Development Engineer, Zoning Officer, Building OfficiaFPIans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, identify the timeline for 4*'5 ._ plat and PUD/SIA agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting permits, changes, etc., and review the Building Department checklist. Section 13: Building Permit Requirements The building permit application shall include/depict: 1. A signed copy 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 building pennit set. 4. A completed tap pennit 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. 1- - . City of Aspen Ordinance No. 30, Page 10 Series of 2004. - -I_ In iIi Im 1 - i m~mumm ir m 504168 Page: 11 of 15 11/15/2004 11:06A SILV -A [7, IS PITKIN COL. -TY CO R 76.00 D 0-00 3 i 6. A fugitive dust control plan approved by the Environmental Health Department A = --whidh addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adj aeent 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 Â·Division may also be necessary, 7. A study performed by a Colorado licensed Civil Enkineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets: Â· 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 Ilse soil hardening techniques rather than soil pins to stabilize theÂ· excavation cuts. (A study has been submitted and is under review by the City.) 8. A construction site management and parking pIan meeting the specifications of the City Building Department. (A study has been submitted and is under review by the City.) 9. The applicant shall submit a Soil Suitability and Slope Stability Analysis by a licensed engineer with a specialty in geo-technical sciences. At a minimum, such report shall determine tile 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 impleniented throughout the construction and for two years after completion of construction using accepted engineering standards approved by the City of Aspen, including, without limitation, review of all soils, engineering designs, de-watering plans, and other applicable standards. (A study has been submitted And is under review by the City.) 10. The roof plan shall demonstrate substantial compliance with the representations made by the applicant with regard to limiting the rooftop mechanical equipment and the use of non-reflective roofing material. Prior to issuance 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 14: PM10 Mitigation Plan In order to reduce the impacts of PM10 generated by the project, the project shall provide a shuttle service for use by the owners/guests of the Residences at Little Nell and shall advertise to their guests that need for a personaUrental car is not mandatory due to the City of Aspen Ordinance No. 30, Page 11 Series of 2004. "' 11 1 m 11- imilimm Im 504168 Page: 12 of 15 11/15/2004 11:06A SILVIA DAVIS PITKIN C.L..TY CO R 76.00 D 0.00 shuttle amenity. In addition, the Environmental Health_Deartment recommends (but isi~ot requiring) that the lodge dnd iid i5usinedses join the Transportation Options Program and provide secure covered bike storage. This PM10 mitigation plan has been accepted by the City' s Environmental Health Department and no furtherplan shall be required. Section 15: 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 16: Condominiumization Condominiumization of the Project to define separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. Section 17: PUD Plans Check Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate substantial compliance with the representations and drawings made and presented during the project review. Section 18: Restaurant The Project' s restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining terrace shall be open and available for use in conjunction therewith, weather permitting, all days of the year that the Aspen Mountain Skiing Area is open for public skiing, for a minimum of three (3) hours after the gondola lift at Little Nell closes each day. In addition, the bar and the outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run frbm June 15 through October 15 of each year, during all daytime hours that the gondola is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events may be held. Section 19: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period ofthree (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all reciuisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific City of Aspen Ordinance No. 30, Page 12 Series of 2004. 111-111'llili- 11- I.-111111111111111 lili 11/15/2004 11:06A 504168 Page: 13 of 15 SILLIA DAVIS PITKIN JOLNTY CO R 76.00 D 0.00 development plan and creation of a vested property right pursuant to this Title. Auch notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City ofAspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot #1, Residences at Little Nell Subdivision and PUD. Section 20: All mateial representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Depaltnent, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 21: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such pior ordinances. Section 22: If any section~ subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 23: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 24: A public hearing on the Ordinance shall be held on the 27th day of September, 2004, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado," fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City ofAspen. Section 25: This ordinance shall become effective thirty (30) days following final adoption. [signatures on following page] City of Aspen Ordinance No. 30, Page 13 Series of 2004. .. INTRODUCED, READ AND ORDERED PUBLISHED asprotdod-by law, '3 - - by the City Council ofthe City ofAspen onthe 13 day of~, 2004. Attest: 1 1 /~*WA'.L Kathryn S. 90&, CityÂ¢terk Helen Kalin Klanderâ€¢ul, Mayor FINALLY, adopted, passed and approved this.2. day of O Â¢d260* 7# t~ Attest: 1 /rt A- Kathryn S. Ko?fcity Clerk Ifelen'Ka[in KiaUBr~d, Mayor C Approved as to form: 504168 1- u.11 1-imm - imiiimmimam 11/15/2004 11:06A Page: 14 of 15 S.LV 'A DAVIS Pi TKIN COLN-Y CO R 76.00 D 0.00 c-7al incotc- _ _____j 4k~ii--Worcester, City Attorney Exhibit A - Proposed Zoning Boundary Map C:\home\Current Planning\CASES\Residences@IN\Final\Ordinance.doc City of Aspen Ordinance No. 30, Page 14 Series of 2004. 1 - / 241 - f - 4., .4 . . J.k~~59 .7.29*1 F. ..G. 404 j*-24..J_Â·, -<.i.Â·~9~* Am ) f ~ < t i { ~ j ~ f f-~~fff f f - - #SA1#~08 - li 1 RNK C 7-1-*rill -9 - .f,Wgt~W.-1 s-- 1 1 r urn -<I=ge*f.~21 P~k ( \ /1 ~ 1 Â·Â·Â·Â·' ' -/Â·13:E..4,2 -4.1 322,4*41 I . . ..,.7.amE I ~g~ // r\,7, /Â» C ./....9.-MI'll. r,caln,e./.U.... ~ ~GALENA *ET ~ ....i R PI 114*082Â¤94 - 'e I / \...;. CU (PUD) :5 Â·4,7,hez:*43SAM' 1 67\ 0 19 - 77? 6?lw'D) <~~R%*i.'. . 6} .3 '4'4~G0i P. rit I 1*BJ:391;Zilitpij/~~MT:; 740& - :-- I . . gA 4-Â»49.- ~Â· ' <2-lk- jrd----- 1 1% f.**04 ...t.. r .;f~ .~ 4%3441*' 24:Eamm",9 0 1\ . .4.- 1 - - .. 2, 31?Zil~ i 9 ---a~~ ~~~~~~~~~~1 A ..%12&2344 - Â· --Â· -tr~323 .,154 reÂ· -, 23:*lÂ» 1?*. 2. e'ZOK,15Â£Â¢Â»,44 31 I 1Â§t , 4,1*:,"#iRN 9*~ I.\-\44\4/=0..7 T' 11 {r 0 1 1-1 9 0 >K'%22:,0 1 1\, ift(((/(( , 2_-Â· ~ I â‚¬. -5 fia~ . i . 262,Â·Iva-=7 i 44%144 Jvption :- - .1 1 1 ~ Fa - f..1.3 1111 1 1 14 1 GONDOLA 1 1.1 I l l 1.1 1 1 1 1 ~ I ~ 171*k~sED ZON ING MAP PLAZA 1 E 1 4:.- -9-:-7.- 5 1 lili -R 1 12 + - " u UidL The Residences - - FINAL PUD : . I, 504168 1 lilli I'll illill Hill l'11 lili Ill'111111111111 lili 11/15/2004 11:06A Page: 15 of 15 641Ibk 6 SILVIA DAVIS PITKIN COUNTY CO R 75.00 D 0.00 4Â£06 + 2*1 94<05 . EXHIBIT 11111 -lill i-1-1 lilli Illill 11111111 lili 05/17/2005 04:01 510210 Page: 1 of 33 SILLIA D L.5 PITKIN COL, J -Y CO R 166.00 D 0.00 SUBDIVISION/PUD AGREEMENT FOR THE RESIDENCES AT LITTLE NELL SUBDIVISION/PUD . 11 7 4 THIS SUBDIVISION/PUD AGREEMENT is made and entered into this // - day of May, 2005, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company (hereinafter referred to as "RLND"), WITNESSETH: WHEREAS, RLND has submitted to the City an Application for Final PUD Development Plan Approval (the "Application") for certain contiguous parcels of land situated within the City o f Aspen, Colorado to be consolidated, platted and known as Lot 1, The Residences at Little Nell Subdivision/PUD (the "Property"), which Application requests the approval, execution and recordation of a Final Plat of the Property (the "Final Plat"); and the approval and recordation of a Final PUD Development Plan and related documents (collectively, the "Final PUD Development Plan"); and WHEREAS, City has fully considered the Application, the Final Plat, the Final PUD Development Plan, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat and its approval and recordation of the Final PUD Development Plan, such matters being necessary to protect, promote and enhance the public safety, health and welfare; and WHEREAS, RLND is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application, the Final Plat, and the Final PUD Development Plan; and - WHEREAS, under the authority o f Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure (i) that the required public faciliti es are installed and (ii) that the required landscaping is implemented and maintained, and RLND is prepared to provide ' such guarantees as hereinafter set forth; and 1 510210 - ~.~11111.U'1111~mefiII 05/17/2005 04:01 Page: 2 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 WHEREAS, contemporaneously with the execution and recording of this Subdivision/PUD Agreement, City and RLND have executed and recorded the Final Plat in Plat Book 73 at Page 1 / , and City and RLND have recorded the Final PUD Development Plan as Reception No,f>*ZO~, both in the Office of the Clerk and Recorder o f Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final Plat and the approval and acceptance of the Final PUD Development Plan for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION/PUD AGREEMENT 1.1 Purpose. The purpose of this Subdivision/PUD Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the development of The Residences at Little Nell Subdivision/PUD and to enumerate all terms and conditions under which such development may occur. 1.2 Effect. It,is the intent of the parties that this Subdivision/PUD Agreement shall effectively supercede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations and other documents and agreements encumbering the Property, including without limitation those matters identified in Article VI below (collectively, the "Prior Approvals and Instruments"), and City and RLND agree to cooperate in the execution and recording of such documents as may be necessary or appropriate to accomplish the vacation and/or termination of said Prior Approvals and Instruments. The parties anticipate that these recordings will take place contemporarneously with the recording of the Final Plat. However, a delay in the recording of any such vacation/termination documents shall not affect or delay the recording of this Subdivision/PUD Agreement, the Final Plat, or the Final PUD Development Plan. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinance and Resolution. Pursuant to Ordinance No. 30 (Series o f 2004) adopted on October 12,2004, the Aspen City Council granted final PUD development plan approval for the development of a mixed use timeshare lodge containing 24 fractional ownership units, 2 free market residential units, 8 lodge rooms (hotel units), 8 affordable housing units, approximately 8,900 square feet of net leasable commercial space, and a subgra(le parking garage (collectively, the ..Project"). Ordinance No. 30 also (i) granted subdivision approval to subdivide a portion of the adjacent Aspen Skiing Company property, eliminate the existing internal boundaries within the Project site, and replat the remainder of the adjacent Tipple Woods Subdivision; (ii) rezoned a portion of the Project site to CL, Commercial Lodge, Planned Unit Development; (iii) granted approval to condominiumize the Project and to 2 lilli 1111111 lA 1111111111111111111111 05/17/2005 04:01 510210 Page: 3 of 33 SILLIA CAVIS PITKIN COL.,TY Co R 166.00 D 0.00 sell the fractional ownership units pursuant to a timeshare use plan (the "Fractional Ownership Plan"); (iv) exempted from growth management the conversion of existing residential reconstruction credits to lodge units, the reconstruction of demolished commercial square footage, and,the Project's on-site affordable housing units; and (v) approved an amendment to the Little Nell Specially Planned Area plan. Pursuant to Resolution No. 28 (Series of 2004) adopted on August 17,2004, the Aspen Planning and Zoning Commission granted 8040 greenline approval for the Project and also granted special review approval for the affordable housing units' on- site parking. This Subdivision/PUD Agreement incorporates all of the pertinent provisions o f Ordinance No. 30 and Resolution No. 28. In the event of any inconsistency between the provisions of Ordinance No. 30 and/or of Resolution No. 28, and the provisions of this Subdivision/PUD Agreement, the provisions of this Subdivision/PUD Agreement shall control. 2.2 Dimensional Requirements. Ordinance No. 30 established and approved the following dimensional requirements for the Project: (a) Minimum Lot Size (Sq. Ft.) 66,737 (b) Minimum Lot Width (Feet)* 206 (c) Minimum Front Yard Setback (Feet)** 0 (d) Minimum East Side Yard Setback (Feet) 0 (e) Minimum West Side Yard Setback (Feet) O (f) Minimum Rear Yard Setback (Feet) 4 (g) Maximum Height (Feet) *** (h) Minimum Required Open Space (Percent) 0 (i) Maximum External Floor Area (Sq. Ft.) 108,000 0) Minimum Off-Street Parking Spaces **** * Measured along the Dean Avenue right-of-way ** Measured from Dean Street *** As represented in the recorded Final PUD Development Plan **** 2 short-term spaces within the porte-cochere and 70 spaces within the underground parking garage 2.3 Vested Rights. Under Development Order of the City of Aspen Community Development Department issued December 23,2004 with an effective date of January 8, 2005 (the "Development Order"), the right to undertake and-complete the development and use of the Property pursuant to the terms and conditions o f the site specific development plan for the Property is vested until January 8,2008, and shall not Â· be altered, impaired, diminished or delayed by any.subsequent zoning or land use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment o f such vested rights for the Property was 3 I[1'~['1111~1111111111~ 111~11~1#111 510210 Page: 4 of 33 05/17/2005 04:01 SILVIA CAVIS PITKIN COUNTY CO R 166.00 D 0.00 conducted on October 12,2004. As authorized by CRS Section 24-68-102(4)(a), City and RLND agree that the site specific plan for the Property consists of and includes, but is not limited to, the number, permitted size, and configuration of the fractional ownership units, the free market residential units, the hotel units, the affordable housing units, the commercial spaces, the parking spaces, and the other spaces and areas in the Project, the Fractional Ownership Plan, and all other matters set forth in Ordinance No. 30 (Series of 2004), Resolution No. 28, the Final Plat recorded in Plat Book 73 at Page 1 I , and the Final PUD Development Plan for The Residences at Little Nell Subdivision/PUD recorded as Reception No.Â£, O*Of, both in the O ffice o f the Clerk and Recorder of Pitkin County, Colorado, this Subdivision/PUD Agreement, and all other documents and plans recorded concurrently therewith. For purposes of this Section 2.3, this Subdivision/PUD Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 3.1 The Components of the Proiect. The timeshare lodge Project approved pursuant to Ordinance No. 30 and Resolution No. 28 will consist of two attached multi- story structures which will contain a maximum external floor area of 108,000 square feet, calculated in accordance with the City's floor area regulations in effect on October 25,2002, which floor area regulations are attached hereto as Exhibit A and made a part hereof by this reference. The Project will contain the following principal components: (a) Fractional Ownership Units. The Project will contain 24 Fractional Ownership Units which will be condominiumized and sold pursuant to the Fractional Ownership Plan defined and described in the Declaration of Condominium for The Residences at Little Nell (the "Declaration") to be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado contemporaneously with the recording of the Condominium Map of the Project. The Fractional Ownership Units will consist of 19 three-bedroom units and 5 four-bedroom units, and will be configured so as to contain 40 separately occupiable lock-offs or keys. As provided in the Declaration, the Fractional Ownership Units will be available for walk-in, short-term rental to the public when the Units are not being occupied by an Owner, an Owner's guest, or persons occupying the Unit under an exchange program. (b) Free Market Residential Units. The Project will contain 2 Free Market Residential Units which will be condominiumized and sold, and which may be occupied on a short or long-term basis. It is not anticipated that these Units will be subject to the Fractional Ownership Plan, but under the Declaration RLND has reserved the right to convert either or both free market residential units to a Fractional Ownership Unit that is subject to the Fractional Ownership Plan. Under Section 9 of Ordinance No. 30, these units may be converted and included as part of the Fractional Ownership Plan pursuant to an Insubstantial PUD Amendment approved by the City. 4 Il Ill'I~ lili Ill 'll 1-Ii' IllIlll Ill 1111ll,Il 111~:~fl~:; 03::01 ~ SILV A DAVIS PI-KIN COUNTY CO R 166.00 0 0.00 (c) Hotel Units. The Project will contain 8 traditional lodge rooms (Hotel Units) which will not be subject to the Fractional Ownership Plan. These units will at all times be available for nightly rental to the public. (d) Affordable Housing Units. The Project will contain 8 Affordable Housing Units. The Units will be configured as swdios, and each Unit will contain a minimum of 400 square feet of net livable area. The Units will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 2 income and occupancy guidelines for rental units in effect at the time o f recording o f the Condominium Map for the Project. The deed restriction will reserve to RLND and its successors and assigns the first right from time to time to select and place qualified tenants in the Units. No Certificate of Occupancy shall be issued for the Project until the deed restriction for the Affordable Housing Units has been executed and recorded. Unless a different arrangement is worked out with the City, and only to the extent necessary to comply with applicable Colorado law, at the time of recording of the deed restriction RLND will convey a one-tenth of one percent interest in the Affordable Housing Units to APCHA. Said one-tenth of one percent interest is hereinafter referred to as the "APCHA Interest". The conveyance of the APCHA Interest shall be expressly subj ect to the understanding and agreement that (i) ownership of the APCHA Interest only gives the APCHA the right to enforce the deed restriction on the Affordable Housing Units, and does not give the APCHA any authority or rights that are not specifically set forth in the deed restriction, (ii) in all other respects, the APCHA shall be deemed to have no ownership rights or responsibilities in connection with the Affordable Housing Units, and the record owner of the remaining interest in the Units shall have full right and authority to lease, encumber, or otherwise deal with the Units as i f such owner held a 100 percent interest therein, (iii) APCHA shall have no liability to third persons arising solely out of its ownership of the APCHA Interest, and RLND (and any successor or assign of RLND in the ownership of the Units) shall indemnify APCHA from and against any losses or liabilities arising solely out o f the ownership of the APCHA Interest, and (iv) the APCHA Interest will be conveyed to the then record owner of the remaining interest in the Units if and when the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions on affordable housing units. (e) Commercial/Accessorv Uses. The Project will contain a restaurant, bar, outdoor dining terrace, guest living room, fitness room, recreation room, business center, front desk/concierge area, rooftop swimming pool, and retail commercial space. The retail space, which is located at ground level and fronts on Dean Avenue, will be limited to a maximum o f 4,520 square feet o f net leasable area and is prohibited from being converted to office use. In the event the retail space owner deems it appropriate, the retail space or some of it may be reconfigured, subject to obtaining any approvals that may be required by the City's land use regulations. The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining terrace shall be open and available for use in conjunction therewith, weather permitting, all days of the 5 . 11.11111111'll'11111-lili]11111111111&1 Page: 6 of 33 510210 05/17/2005 04:01 SILVIA D VIS PITKIN COL..TY CO R 166.00 0 0.00 year that the Aspen Mountain Ski Area is open for public skiing, for a minimum of three (3) hours after the gondola lift at Little Nell closes each day. In addition, the bar and outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run from June 15 through October 15 of each year, during all daytime hours that the gondola is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events may be held. (f) Parking. Under Section 2 of Ordinance No. 30 (Series of 2004), the City Council approved the following minimum off-street parking spaces for the Project: Seventy (70) parking spaces located on two levels in a subgrade parking garage. Eight of the parking spaces will be allocated and signed for the use of the Project's eight Affordable Housing Units, and six of the parking spaces will be allocated and signed for the use of the owners of Lots 1, 2 and 3, First Amended Plat of - - ----- the Tipple Woods Subdivision. 3.2 Affordable Housing Mitigation. (a) Requirements. (i) RLND has agreed to provide affordable housing mitigation for 60 percent of the employees generated by the operation of the Project. The number of employees generated by the Project has been determined to be 75, hence affordable housing mitigation must be provided for 45 employees. (ii) RLND is also required to provide 12 affordable housing bedrooms containing a minimum of 4,469 square feet of net livable area pursuant to the City' s Resident Multi-Family Replacement Program, which 12 bedrooms are considered to house 15 employees. The total number o f employees for which RLND must provide affordable housing mitigation, then, is 60. The Development Order constitutes a "Certificate of Compliance" in accordance with Chapter 26.530 of the Aspen Land Use Regulations entitled "Multi-Family Housing Replacement Program". (iii) A minimum of 59 percent of the required affordable housing mitigation is to be provided within the City limits, and the remaining 41 percent may be provided outside the City but within the Aspen Community Growth Boundary. (iv) A minimum o f 50 percent of the required affordable housing mitigation must be deed restricted to APCHA's Category 2 income and occupancy guidelines, and the remainder may be deed restricted to Category 3. (b) Mitigation. (i) As set forth in Section 3.1(c) above, eight Category 2 studio ~ Affordable Housing Units will be provided within the Project, which units will be credited with housing 10 employees. 6 1 11111'I 11111~Ii' 1111111~1111 Mii 05/17/2005 04:01 510210 / Page: 7 of 33 SILVIA DAVIS PITKIN COUNTY CO R 165.00 0 0.00 (ii) RLND has entered into an Affordable Housing Buy Down Agreement with Obermeyer Place Holding Company LLC ("Obermeyer"), whereby RLND has agreed to buy down 15 of the one-bedroom Resident Occupied ("RO") Units to be constructed by Obermeyer as a part of the Obermeyer Place Project (the "Obermeyer Buy Down Units"). Seven of these units, housing a total of 12.25 employees, will be bought down to Category 2 restrictions, and eight of these units, housing a total of 14 employees, will be bought down to Category 3 restrictions for a total Buy Down Price of $3,370,400. City agrees that upon (aa) payment in full of said Buy Down Price by RLND to Obermeyer, which shall be evidenced by Obermeyer's written certification of such payment, (bb) the recording of the deed restrictions on the Obermeyer Buy Down Units to the Categories described above, and (cc) the issuance of a Certificate of Occupancy for the Obermeyer Buy Down Units, RLND and its successors and assigns shall be credited with housing a total of 26.25 employees. (iii) The 10 employees to be housed on-site, together with the 26.25 employees to be housed at Obermeyer Place, totals 36.25 employees, which represents 60 percent of RLND's required affordable housing mitigation. (iv) The remainder of RLND's affordable housing mitigation requirement, or 24 employees, will be met at the Aspen Airport Business Center, which is located within the Aspen Community Growth Boundary. These employees will be housed in eight 3-bedroom sale units being constructed by RLND pursuant to BOCC Resolution No.135-2004 recorded October 29,2004 as Reception No. 503623 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "AABC Units"). Three of these units will be deed restricted to Category 2 restrictions and five will be deed restricted to Category 3 restrictions. The eight AABC Units must be deed restricted, and a Certificate of Occupancy must be issued therefor, before a Certificate of Occupancy will be issued for the Project. (v) Based on the foregoing, a total of 31.25 employees will be housed in Category 2 units and 29 employees will be housed in Category 3 units. (vi) No Certificate of Occupancy will be issued for the Project unless and until (aa) a Certificate of Occupancy has been issued for the 15 Obermeyer Buy Down Units and such units have been deed restricted to the Categories described in subsection (b)(ii) above, and (bb) a Certificate of Occupancy has been issued for the 8 AABC Units and such units have been deed restricted to the Categories described in subsection (b)(iv) above. If no Certificate of Occupancy has yet been issued for the Obermeyer Buy Down Units, RLND shall not be precluded from receiving a Certificate of Occupancy for the Project if it delivers or causes to be delivered to City a collateral assignment of the $3,370,400 (the Buy Down Price) being held in escrow by Pitkin County Title, Inc. (the "Escrow Agent") pursuant to the Affordable Housing Buy Down Agreement, which assignment shall authorize and direct the Escrow Agent to deliver all. of the escrowed funds to the City in the event a Certificate o f Occupancy has not been issued for and proper deed restrictions recorded upon the Obermeyer Buy Down Units by July 1, 2007. 7 510210 'Immb 05/17/2005 04:01 Page: 8 of 33 SILVIA DAVIS PITKIN COUb TY CO R 166.00 D 0.00 (vii) The employees to be housed in the 8 on-site Affordable Housing Units and the 8 AABC Units shall meet the qualification criteria contained in the APCHA Employee Housing Guidelines, as they may be amended from time to time. -The Obermeyer Buy Down Units shall be governed by the City Council approvals for the Obermeyer Place Project. 3.3 Construction in Accordance with Plans. Construction of the Project, and all of its component parts, shall be accomplished in substantial compliance with the Final PUD Development Plan and with all architectural plans and elevations, utility plans, grading and drainage plans, site design plans, and landscape plans that are recorded contemporaneously with the Final Plat and this Subdivision/PUD Agreement. 3.4 Porte Cochere Traffic Flow, Shipping and Receiving, and Roof Top Decks. (a) Porte Cochere Traffic Flow. Traffic flow within the Project's entry porte cochere shall occur in a clockwise rotation at all times in order to minimize the impact of vehicle headlights on the adjacent North of Nell Condominiums. Vehicular access to the porte cochere from Galena Street shall occur via Dean Avenue. (b) Shipping and Receiving. Commercial vehicles, including but not limited to delivery, service and inspection vehicles, shall be prohibited from using the Little Nell Hotel service dock on Spring Street to service the Project. All commercial vehicle activity shall be limited to the Project's Galena Street loading dock and parking garage. (c) Roof Top Decks. The Project's roof top decks, swimming pool and hot tubs shall be used for the following purposes: Swimming, sun-bathing, food and beverage service, and similar compatible uses. 3.5 Dean Avenue Improvements; Maintenance; Encroachment License. RLND shall accomplish, as subdivision improvements, the improvements depicted on the Final PUD Development Plan recorded concurrently with the Final Plat, in accordance with Article IV of this Subdivision/PUD Agreement. To the extent practicable, said Final PUD Development Plan shall be revised to be consistent with any final master design plan that may be finally adopted by the City for Dean Avenue improvements. In the event the City has not adopted such final master design plan by April 1, 2006, RLND shall no longer be obligated to make revisions to the Final PUD Development Plan. Before a building permit is issued for the Project, the City and RLND shall enter into two (2) Encroachment Licenses covering the portions of the Project that will encroach into the Dean Avenue right-of-way, as depicted on the Final Plat. The first Encroachment License will cover the portion of the Residences at Little Nell building that encroaches into the Dean Avenue right-of-way, and the second Encroachment License will cover the portion of the surface utility systems servicing The Residences at Little Nell that encroaches into the Dean Avenue right-of-way. 8 510210 ft-11111 1111-111 - 1111[lili 111&1 05/17/2005 04:01 Page: 9 of 33 SILLIA LAVIS PITKIN CO-.Â·TY CO R 166.00 D 0.00 The design, installation, maintenance and operational costs for new surface and subsurface improvements to Dean Avenue shall be borne by RLND or its successor/assignee, The Residences at Little Nell Condominium Association, Inc. (the "Association"). New subsurface improvements shall include a snowmelt system and similar features but shall exclude existing utilities within the right-of-way. Costs of replacing surface and subsurface improvements as a result of accessing City-owned utilities or other subsurface work that damages surface and subsurface improvements installed by RLND, including the snowmelt system, shall be borne by the City. The City shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work on non-City-owned utilities. 3.6 Utilities. (a) Water, sewer, electric, natural gas, telephone and cable TV service - --- ----- are available from existing main lines in Galena Street and Dean Avenue. RLND shall accomplish at its expense the utility improvements described in Article 4.1 below. (b) All utility service lines from these main lines to the Project shall be installed by RLND at its expense in compliance with the Water and Sanitary Sewer Utilities Plan and the Shallow Utilities Plan recorded concurrently with the Final Plat, and shall be buried underground. All of said utilities shall be installed as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. (c) All utility tap fees shall be payable in accordance with the requirements of the utility regulations in effect at the time of payment. (d) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards o f Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. (e) RLND shall comply with the Aspen Consolidated Sanitation District' s rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use o f a pumping station. 3.7 Relocation of Citv Water Line. RLND shall accomplish, as a subdivision improvement, the relocation of the City of Aspen water line in Durant Street, Spring Street, and across Little Nell, in compliance with the Little Nell Waterline Plan and Profile to be recorded concurrently with the Final Plat, and in accordance with Article IV of this Subdivision/PUD Agreement. 3.8 Drainage. All development within the Project shall comply with the Drainage Plan recorded concurrently with the Final Plat. RLND shall be responsible for implementing the Drainage Plan, and drainage improvements shall be accomplished as subdivision improvements in accordance with Article IV o f this Subdivision/PUD Agreement. 9 - 510210 ~ ifiimiiuimiiimmiiiI uiwiimiimmjii Page: 100.33 i 05/17/2005 04:01 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 3.9 Landscaping; Tree Removal Fee. All development within the Project shall comply with (i) the Overall Materials Plan, (ii) the Overall Tree Landscape Plan, and (iii) the Overall Understory Landscape Plan recorded as part of the Final PUD Development Plan (collectively, the "Planting Plans"). RLND shall be responsible for implementing the Planting Plans, and landscaping improvements shall be accomplished as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. A tree removal fee in the aggregate amount of $32,252.84 has been paid to the Cityby RLND. 3.10 Exterior Lighting. All development within the Project shall comply with the Exterior Lighting Plan to be submitted to the Community Development Department for review and approval at the time o f building permit application. 3.1 I Ski Trail Easement. The Ski Trail Easement depicted on the Final Plat across the southeasterly corner of Lot 1, Residences at Little Nell Subdivision/PUD, was dedicated to the City on the Final Plat for the use of the general public during the winter months for downhill and cross-country skiing purposes only (motorized vehicles are prohibited), subject to the terms and conditions of said dedication and as more fully set forth in that certain Ski Trail Easement Agreement between RLND and the City recorded contemporaneously with this Subdivision/PUD Agreement as Reception No. 3)09 07 3.12 Relocation of Little Nell Chairlift. RLND shall be responsible for relocating the existing Little Nell Chairlift to approximately the location depicted on the Final PUD Development Plan, at RLND's cost and expense. Such relocation must be accomplished before a Certificate o f Occupancy is issued for the Project. 3.13 Air Oualitv. (a) The City has determined that, subject to the provision of van service for the Project's owners and guests, and the advertising thereof, no further PM10 mitigation shall be required for the Project. (b) All development within the Project shall comply with the Environmental Health Department's woodburning stove/fireplace regulations in effect at the time of issuance of a building permit for the Project. (c) Be fore a building permit is issued for the Proj ect, RLND shall -- - - submit a fugitive dust control plan to the Environmental Health Department for its review and approval. The plan shall address, at a minimum, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, and other measures as may be necessary to prevent windblown dust from crossing the property lines or otherwise causing a nuisance. 3.14 Geotechnical Requirements and Slope Stability Monitoring. Throughout construction of the Project and for a period of two (2) years following the issuance of a Certificate of Occupancy for the Project, RLND shall comply with the geotechnical recommendations, and implement the slope stability monitoring, detection 10 .. lilillili 111-lil lil- - 1111111Ill 111111 1 lili 05/17/2005 04:01 510210 Page: 11 of 33 SILLIA DAVIS PITKIN COL.., ' CO R 166.00 D 0.00 and reporting program, contained in the Geotechnical Investigation for The Residences at Little Nell prepared by CTL/Thompson under date of June 17, 2003 (Job No. GS- 3850). 3.15 School Land Dedication Fees. Before a building permit is issued for the Project, RLND shall pay to the City a cash payment in lieu of school land dedication, for the Project's two (2) free market residential units and eight (8) Affordable Housing Units, in the total amount of $36,102.90. 3.16 Park Development Impact Fee. Before a building permit is issued for the Project, RLND shall pay to the City a park development imp act fee in the total amount of $58,315.95. 3.17 Street Impact Fee. Before a building permit is issued for the Project, RLND shall pay to the City a street impact fee in the amount of $ 7,950.00, which is equal to the cost of placing a 2-inch asphalt overlay over half the width of Galena Street along the frontage of the Project to Durant Street. This payment is being made in lieu of returning Galena Street to an acceptable condition following construction of the Proj ect, as provided in Paragraph 5 of Section 11 of Ordinance No. 30. 3.18 Storm Water Drainate Svstem Fee. Before a building permit is issued for the Project, RLND shall pay to the City a fee in the amount of $ 172,000.00 as a contribution toward the cost of improvements to the City's storm water drainage system, and the City shall deposit the funds in a separate account for such purpose. In the event the City has not expended the funds for such purpose within 5 years following the date of this Subdivision/PUD Agreement, the storm water drainage system fee shall be refunded to RLND together with 4 percent interest (non-compounded) accrued from date of payment to date of reimbursement. 3.19 Work in Public Right-of-Wav. RLND shall first obtain the approval of the appropriate City Department before commencement of any work within a public right-of-way. 3.20 Damage to Public Rights-of-Wav. RLND shall repair any public right- of-way damaged during construction of the Project prior to issuance of a Certificate of Occupancy for the Project, excel)ting damage to Galena Street covered by the street impact fee provided for in Section 3.17 above. RLND shall be responsible for the restoration of any sections of Galena Street to pre-disturbance condition in order to receive an overlay. 3.21 Construction Hours. Construction activity within the Property shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. No construction activity shall be permitted on Sunday. 3.22 Construction Management Plan. All construction activities on the Property shall comply with the Construction Site Management Plan and Parking Plan submitted by RLND to the City concurrently with the building permit application. 11 .. 510210 11[ 1 1. ]1111.'11 lillillill 111 lilli ill 111 Page: 12 of 33 05/17/2005 04:01 SILVIA [..VIS PITKIN COUNTY CO R 166.00 D 0.00 3.23 Improvement Districts. On behalf of itself and any future owners of the Property and all interests therein, RLND agrees to join any future improvement districts that may be formed for the purpose of constructing improvements that benefit the Property under an assessment formula. 3.24 Condominium Map. Upon substantial completion of construction of the Project, RLND shall submit a Condominium Map to the Community Development Director for review and approval. During the period of vested rights described in Section 2.3 above, the Condominium Map shall be reviewed under the applicable provisions of the City' s Land Use Regulations in effect on October 25,2002 (the date of submission of the Project's conceptual PUD application), which provisions are attached hereto as Exhibit A and made a part hereof by this reference. Following expiration of said vesting period, the Condominium Map shall be reviewed under the then-current condominiumization requirements of the Aspen Municipal Code. The condominiumization of the Project shall be accomplished prior to the closing o f the sale of any Fractional Interest or Free Market Residential Unit in the Project. 3.25 Van Service. The Association shall provide 24-hour van service to owners and guests of the Project. 3.26 License to Use Dean Avenue for Construction Staging, City hereby grants to RLND a license to use so much of Dean Avenue adjacent to the Project site as may be necessary from time to time for construction staging in connection with the Project. In consideration thereof, within twenty (20) days following the end of each calendar month in which Dean Avenue is used for staging, RLND agrees to pay to City the sum o f $1.25 per square foot per month for each square foot o f Dean Avenue actually used for staging during said month, prorated for the number of days of actual usage during said month. 3.27 Ownership and Maintenance of Common Elements. Under the terms o f the Declaration, all portions of the Project other than the Units (as defined in the Declaration) are Common Elements. The Common Elements are owned in common by the owners of the Units and of the Fractional Interests, in the undivided interests described in the Declaration, and the Association is responsible for maintaining, repairing, improving, restoring and replacing the Common Elements, including any Limited Common Elements and Common Furnishings. 3.28 Roof Plan. RLND shall limit the rooftop mechanical equipment in the Project to the equipment depicted on the Roof Plan to be recorded as part of the Final PUD Development Plan, shall screen such equipment as shown on the Roo f Plan, and shall use non-reflective roofing material. 3,29 Pre-Construction Meeting. Prior to submitting an Application for the Building Permit for the Project, a meeting shall be held among the following parties: RLND, the Project Architect, the Project Planner, the Prime Contractor, a City Staff Planner, a Community Development Engineer, a Zoning Officer, and a Building Official/Plans Examiner. The purpose of the meeting shall be to identi fy the approving 12 11111~ 11~ lilli,1~11111111111,11 ~11111111111 05/17/2005 04:01 510210 Page: 13 of 33 SILVIA DAVIS PITKIN CO-,ITY -O R 166.00 D 0.00 Ordinance and any amendments thereto, identify conditions of approval, identify the timeline for Final Plat and Subdivision/PUD Agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss the responsibilities of all parties in obtaining permits, changes, etc., and review the Building Department checklist. ARTICLE IV A. SUBDIVISION IMPROVEMENTS 4.1 Prior to the issuance of a Certificate of Occupancy for the Project, RLND shall accomplish the following subdivision improvements, all as depicted and described on the Final PUD Development Plan and other related documents that are attached to or recorded concurrently with the Final Plat: The utility and street surface improvements identified on the "Costs Estimate for Proposed Public R.O.W. Improvements" dated February 15, 2005, and the "Site Cost Estimate for Dean Avenue and Galena Street Improvements" dated February 14, 2004, copies of which are attached hereto collectively as Exhibit B. The aggregate estimated cost o f such improvements is $819,589. 4.2 Before a building permit is issued for the Project, a construction schedule for the above-described improvements shall be submitted to the City Engineering Department, and all applicable right-of-way permits and licenses must be obtained. 4.3 RLND shall complete the landscaping of the Property and the Dean Avenue right-of-way in accordance with the Planting Plans no later than six (6) months following the issuance of a Certificate of Occupancy for the Project. RLND shall be responsible for ensuring the success of all landscaping installed pursuant to the Planting Plans for a period of 2 years following the date of installation, and shall replace any landscaping that fails during such 2 year period. RLND or its successors or assigns shall have the right to plant additional native vegetation within the Residences at Little Nell Subdivision/PUD, as it may consider appropriate from time to time, without further approvals being required. The estimated cost of such landscaping improvements (including 2 years of maintenance thereof) is $321,038, as set forth on the Landscaping Cost Estimate attached hereto as Exhibit C and made a part hereof by this reference. 4.4 The estimated costs set forth in Sections 4.1 and 4.3 above shall be updated to 2005 dollars (or the year in which construction commences) at the time of building permit submittal, and the updated cost estimates shall be submitted to the City Engineer for review and approval. B. FINANCIAL ASSURANCES In order to ensure construction and installation of the subdivision and landscaping improvements described in Section A above, and to guarantee 100 percent of the current estimated cost of the subdivision improvements ($819,589, updated as above required) and 125 percent of the current estimated cost of the landscaping 13 .. 510210 I illill ilill lilill lilli lill lilli lillill ill illill ill lill 05/17/2005 04:01 Page; 14 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 improvements (including 2 years of maintenance thereof) ($401,298, updated as above required), RLND shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of $1,220,887, updated as above required. Said letter of credit shall be provided to the City prior to the issuance of a building permit for the construction of the Project, shall be in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default by RLND, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, i f any, of such letter of credit is released to RLND. Provided, however, that RLND shall be given fourteen (14) days' written notice of default (and the right to cure during said period) prior to the City' s ability to make a draw under the letter of credit. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of RLND shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions o f the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, twenty-five percent (25%) of the $321,038 estimated cost thereof (as updated), or $80,260 (as updated), shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. A Maintenance Bond, valid for two (2) years from the date of acceptance of all right-of-way improvements by the City Engineer, shall be provided to the City Engineer in the amount of $819,589 (updated as above required), prior to any reduction in the amount of the letter of credit for costs associated with right-of-way improvements. It is the express understanding of the parties that compliance with the procedure set forth in Article V below pertaining to the procedure for default and amendment of this Subdivision/PUD Agreement shall be required with respect to the enforcement and - - -- implementation of these financial assurances and guarantees to be provided by RLND as set forth above. / ARTICLE V NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that RLND is not acting in substantial compliance with the terms of this Subdivision/PUD Agreement, the City shall notify RLND in writing specifying the alleged non-compliance and asking that RLND remedy the alleged non-compliance within such reasonable time as the City may determine, but 14 .. 510210 ~~~|~ ~~ ~~~~~ ~~~| ~|~~ ~' ~~ ~~~~~~ ~~~ ~~~ ~~~ ~ 05/17/2005 04.01 ~ Page: 15 of 33 SILVIA DAVIS PITKIN COUNTY 0 R 166.00 0 0,00 not less than 30 days. If the City determines that RLND has not complied within such time, the City may issue and serve upon RLND a written order specifying the alleged non-compliance and requiring RLND to remedy the same within thirty (30) days. Within twenty (20) days o f the receipt of such order, RLND may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exists or (b) Whether a variance, extension of time or amendment to this Subdivision/PUD Agreement should be granted with respect to any such non- compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting o f the parties to consider the matters set forth in the order of non-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City may also grant such variances, extensions o f time or amendments to this Subdivision/PUD Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if RLND demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of RLND, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI PRIOR APPROVALS AND INSTRUMENTS 6.1 Plat of Tippler Townhomes Subdivision recorded November 25, 1998 in Plat Book 48 at Page 3. 6.2 Subdivision Agreement for Tippler Townhomes Subdivision recorded November 25, 1998 as Reception No. 424875. 6.3 Resolution No. 98-06 of the Aspen Planning and Zoning Commission recorded April 10,1998 as Reception No. 415473, approving the proposed off-street parking plan for the Tippler Townhomes Subdivision. 6.4 Ordinance No. 6 (Series of 1998) of the Aspen City Council adopted May ~ 26,1998, granting final subdivision approval for the Tippler Townhomes Subdivision. 15 .. 510210 il litilli 11111111111 il l-,11 ill lillill'111 lililli 05/17/2005 04:01 Page: 16 of 33 SILVIA DAVIS PITKIN C)UNTY CO R 166.00 D 0.00 6.5 Resolution No. 66 (Series of 2000) of the Aspen City Council adopted May 22,2000, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26,2003. 6.6 Resolution No. 17 (Series of 2003) of the Aspen City Council adopted February 24,2003, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26,2005. 6.7 Condominium Plat of Tipple Lodge recorded April 2, 1980 in Plat Book 9 at Page 22. 6.8 Condominium Declaration for Tipple Lodge recorded April 2, 1980 in Book 385 at Page 883. 6.9 Subdivision Exemption Agreement Cripple Lodge Condominium) recorded October 29, 1979 in Book 378 at Page 294. 6,10 Ordinance No. 23 (Series of 2003) of the Aspen City Council adopted June 23,2003, approving the expansion of the Tippler Townhomes Subdivision onto the Tipple Lodge property. 6.11 Plat of Tipple Woods Subdivision recorded March 23. 1959 in Ditch Book 2A at Page 250, as amended by Subdivision Exception Plat recorded February 14, 1984 in Plat Book 15 at Page 86 (collectively the "Plat"). Plat to be vacated, and new Plat of Tipple Woods Subdivision to be recorded, depicting remaining 3 Lots in Subdivision. 6.12 Agreement of Second Amendment and Restatement of Protective Covenants of Tipple Woods Subdivision recorded November 11. 1971 in Book 259 at Page 245. To be restated and amended in their entirety to reflect 3 remaining Lots in Subdivision. 6.13 Condominium Map of Tipple Inn Condominiums recorded in Plat Book 3 at Page 82, as amended and supplemented. 6.14 Condominium Declaration for Tipple Inn (A Condominium) recorded May 10, 1966 in Book 220 at Page 318, as amended by recorded First through Fourth Supplements, and by Consent to Amendment of Declaration and Map recorded in Book 262 at Page 227. 6.15 Other recorded and unrecorded documents and instruments affecting title to the Property. ARTICLE VII GENERAL PROVISIONS 7.1 The provisions hereof shall be binding upon and inure to the benefit of RLND and City and their respective successors and assigns. 16 I '' 510210 Page: 17 of 33 111----111-I]---11-1'll'10111111 05/17/2005 04:01 SILLIA [AVIS PITKIN _O....fY J R 165.00 D 0.00 7.2 This Subdivision/PUD Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 If any of the provisions o f this Subdivision/PUD Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision/PUD Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 This Subdivision/PUD Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. RLND, its successors or assigns, may, on its own initiative, petition the City Council for an amendment to this Subdivision/PUD Agreement or for an extension of one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. 7.5 Numerical and title headings contained in this Subdivision/PUD Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use o f any gender shall include all genders. 7.6 Upon execution of this Subdivision/PUD Agreement by all parties hereto, City agrees to approve and execute the Final Plat and to approve the Final PUD Development Plan and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fees by RLND. 7.7 Notices to be given to the parties to this Subdivision/PUD Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 RLND: Aspen Land Fund LLC, Managing Member Attention: Brooke Peterson 302 East Hopkins Avenue Aspen, CO 81611 With Copy to: Arthur C. Daily, Esq. Holland & Hart LLP 17 .. 600 East Main Street Aspen, CO 81611 7.8 This Subdivision/PUD Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 7.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their respective successors, grantees or assigns. il I li I - li- 1 il - 1 1 i li -il llI lillil ill llil Page: 18 of 33 510210 05/17/2005 04:01 SILL IA DAVIS PIi-KIN COL...-Y C:.) R 156.00 D 0.00 18 .. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: City of Aspen, Colorado, a Colorado municipal corporation By: 4Â» F<~ 0475--l MayoPF'to 9 Attest: 4-Â»,,-D >6, U.t Kathryn S. K*K City Clerk APPROVED AS TO FORM: dE-310 #luibu John WorceSter, City Attorney RLND: THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company By: Aspen Land Fund, LLC, a Colorado limited liability company, Managing Member By: CWA Development, LLC, a Colorado limited liability company, Manager bry: Five Ed*s, Llk, a CAprado /limited .lidÂ£(illy Arr?pany,Â£M#mber 1 / Broolle A. Phtershn, Ahan,ger - And By: Centurion Partners Aspen, LLC, a Colorado limited liability company, Member By: Centurion Partners, LLC, a 11,11ni imAitmaai.m~#Ikin\\Iinan 05/17/2005 04:01 510210 California limited liability company, Page: 19 of 33 Manager SILVIA D VIS PITKIN COUNTY CO R 166.00 0 0.00 Scot Matteson, Ma]Gging Member 18 .. *41941 0 Mike Smith, ManagiE[g Member 510210 1--lili]1111111111 -[[111111111'llilitill'lli 05/17/2005 04.01 Colorado limited liability company, And By: Westpac Colorado LLC, a Page: 20 of 33 SILVIA I.VIS PITKIN _3JNTY CO R 166.00 D 0.00 Member .- Patrick N. Smith, Manager STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrumen t was ac k~ZIEd&8iPe f~~,g~~is [ 1>0'day of ~,01('dk-e/ , 2005, by Bela+IGUWIGn;WarMiyo*and' Kathryn S. Koch as City Clerk of thoCity of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. Â«94% 2/ .60 My commission expires:O ~/ /?~20071 f JACKIE j C WTHUN 3 91260 *CUU /0 'CA ..0 ~(btary Public / < OF c66) U STATE OF COLORADO ) SS. COUNTY OF PITE *0 ) The foregoing instrument was acknowledged before me this @ 7 jk day of , 2005, by Brooke Peterson, Manager of Five Rocks LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a'k Delaware limited liability company. : Per 1.4.2. Â¥ 7 â‚¬ Witness my hand and official seal , i 5-1-0.952, , t My commission expires: Ei liZV | 0% . ... I C 'r? ti Notary Public U A *,u, Of) G 0 0 13. mA iw , M 6 t'-w 19 Â¢,49,1 .. STATE OF CACY Erve A) ) SS. COUNTY OF OrA-Lt-<- 1 The foregoing instrument was acknowledged before me this 2 9 day of +47 , 2005, by Scot Matteson and Mike Smith, Managing Members of Centurion Partners LLC, a California limited liability company, Manager of Centurion Partners Aspen, LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware limited liability company. Witness my hand and official seal. 1. - - My-cnIT?ission-e-xEiresf-MÂ» 7 1 1-001 0 STEPHEN EGLY Commission: 1345111 K 523Â«- 14/3 Notary Public - California ~ Rotary~iblic ----==1-1 y Cocrrn Expires M,r2, 2008 STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005, by Patrick N. Smith, Manager of Westpac Colorado LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public // 111--lilli-11 1111111111111111111111 05/17/2005 04:01 510210 Page: 21 of 33 SiLVIA C..VIS PITKIN COLTY CO R 166.00 D 0.00 3188793_44,DOC 20 STATE OF CALIFORNIA ) )SS. COUNTY OF SANTA BARBARA ) On this 28th day of April, 2005, before me, the undersigned, a No- tary Public in and for said State, personally appeared PATRICK N. SMITH, personally known to me (cr proved to -mo on the bacio-- of satio Â·faGU=9-*44â‚¬*errce) to be the person (.el whose name (e) is/are subscribed to the within instrument and acknowledged to me that he/she/they exe- cuted the same in his /*e / their authorized capacity (kes), and that by his/her/4-heir signature ts) on the instrument the person (e), or the en- tity upon behal f o f which the person (-5-F acted, executed the instru- ment. WITNESS my hand and official seal. Lp ~~~ LUSTIG & COMM.#153883@ S NOTARY PUBUCCALFORNU R 64"Â·u-L K,44 2~4 Uni~ SAMIA BARBARA COUNTY |~ Notary Public in~an~ for Â£*id State _2593!222cgoooÂ©008 Uy Con- E,â€¢â€¢- 0 NOTE: Attached to Subdivision/PUD Agreement for the Residences at Little Nell Subdivision/PUD undated re "Little Nell". li li Ill 1-lili 11111111111 lilli 11 lili 05/17/2005 04:01 510210 Page: 22 of 33 S.LviA DAVIS FI'VKIN COL:.TY CO R 166.00 D 0.00 . 4 .. Ililli Ilill lillill'1111111111Ill Illill'll lili 05/17/2005 04:01 510210 Page: 23 of 33 SILV.A DAL:S PITKIN COUN-Y CO R 166.00 D 0.00 CONSENT OF MORTGAGEE The undersigned, being the holder o f two liens on portions of Lot 1, The Residences at Little Nell Subdivision/PUD pursuant to Deeds of Trust recorded as Reception Nos. 469347 and 500220 in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to and approves the recording of this Subdivision/PUD Agreement, and hereby subordinates the liens of said Deeds of Trust to the matters set forth herein. rt Dated this o day of May, 2005. -- -------- Alpine Bank, Aspen By: ~4.k- ItsÂ·.~Q4ky STATE OF COLORADO) ) SS COUNTY OF PITKIN ) The foregoing Consent of Mortgagee was acknowledged before me this & day of May, 2005, byL-yL-,n. 72 /1-Â«-c#--_ as f p L r t Â£Â«-4- of Alpine Bank, Aspen, a Colorado corporation. Witness my hand and official seal. My commission expires: //4 2/08 Liz- r-0-â‚¬- N~ary Public 0 -96> ~ JEAN 1 3374870_1.DOC _ < MOORE J 14 Connian E*0 01/28/2008 f. e .~ I lilli -lill-illill./ .-iInillilillillillinlil 510210 Page: 24 of 33 id 05/17/2005 04:01 SILLIA DAVIS PITKIN CO..,TY CO R 166.00 0 0.00 -1 26.480.090 Condominiumization. A. General. Where a proposed development is to include a condominium form ofownership. or ifan existing development is to be converted to a condominium form of ownership. in whole or in part. a condominium subdivision plat reflecting all condominiumized units. or that portion of Ihe development to be condominiumized. shall be submitted to the Community Development Director for review and approval as a subdivision pursuant to the terms and provisions of this section. B. Procedure. A development application for a condominiumization shall be reviewed and approved. approved with conditions. or denied by the Communizy Development Director. pursuant to the proce- dures and standards in this section and Common Development Review Procedures set forth at Chapter 26.304. No condominiumization shall be approved by the Community Develop- ment Director unless compliance with all application portions of this Section, applicable portions of this Chapter, and applicable portions of this Title are demonstrated. 1. Contents of Annlicarion. The contents of a development application for a condominium or condominiumization shall include the following: a. The general application information required in Common Development Review Pro- cedures set forth at Section 26.304.030. b. A condominium subdivision plat drawn with permanent ink on reproducible mylar. Sheer size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1-1/2) inches on the left hand side of the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet. It shall include: (1) Accurate dimensions for all lines, angles and curves used to describe boundaries. streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions. both linear and angular. ars to be determined by an accurate control sur- vey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). (2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger. Architectural scales am not acceptable. If it is necessary to place the plat on more than one (1) sheet,- an index shall be inciuded on Ihe first sheet. A vicinity map shaU also appear on the first sheet showing the condominium project as it relates to the rest of the city and the street system in the area of.the proposed condominium. - (3) A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System maybe used. (4) A statement by the land surveyor explaining how bearings, if used, were deter- mined. .. (5) A certificate by the registered land surveyor as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Re- vised Statutes 1973, Title 38, Article. 51, as amended from time to time. (6) A certificate by a corporate Title insurer, that the person or person dedicating to the public the public rights-of-way, areas or facilities as shown thereon are tile owners thereof in fe. simple, free and clear of all liens and encumbrances. (7) Certifidates showing approval of the final plat by the City Engineer and Commu- nia Development Director. (8) A certificate of filing for the Pill<in County Clerk and Recorder. (9) Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statures 1973,- Title 38, Article 53, as amended from time to time. 2. Recordation. The approved condominium subdivision plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Di- rector shall render the plat invalid and a new application and approval will be required. 3. Subdivision Agreement. No subdivision agreement need be prepared or entered into be- tween tile applicant and the city pursuant to a condominium or condonliniumization approval unless the Community Development Director determines such an agreement is necessary. 4. Minimum Lease Deed Remiction. Minimum lease deed restrictions imposed by the Ciry Council as a condition of condominiumization approval prior to July 1, 1992, shall only be modified or removed with the consent of the City Council. (Ord. No. 55-2000, Â§ 12) li li 11111-11-11-1 lilli Ill 11111111 lili 05/17/2005 04:01 510210 Page: 25 of 33 S -LVIA D.L.S PITKIN COL,-TY Co R 166.00 D 0.00 4 Â·uo!}eJedaid Jo eum le peliddns uoileu.uoiu! uodn peseq Ateuiumeid s! elew!Isa 51900 SRU Z 019 'au!11!uued 'sluel.u88158 83!AieS 'UORISInboe 48da~d 'slueWesea (01 pe~Lull lou lr,q) se Lpns saw epnpullou op eAoqe UM.O4s 61500 - L 111~! .,lijllii*N11111~111 TUUWN ELZ'94$ *oueaunuoo %91 940,14,10111111111111111111.1!1111]!111~.1111119ial,an# 006'ZLS :SlueweAWdull JeMes Uums le:01 0097$ 00'0094$ Sl A aloLIUEUI BleJOUOO ls)(3 01 00!Peuuoo 9 uo!}BABOX3 00,1 ~ L$ 00'09$ 31 06& U!EJO U.IJols 3daH .tz MaN 193 Melo ees .ee E sielu! 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'swelle JelunH 'euelee le uo!10@ul.loo 009'0Â£$ 00*OOLS 31 908 ell!11018/~ dia 29 sselo â€žZ & MON :eAY ue@0 -Jele,A 008'09$ :se!111!10 Molle49 12101 ~ 00Â£'Â£$ ZIÂ¢ 31 GLE eAV ueea '8piq elopuoa 01 90!Ales sea Jo luelueoeldeht-see . ---O 009'22$ 00&$ 31 921 'GAv ueea 'Unpuoo 9 61!noJ!0 ogle ,9-(9) 1sxo Jo lueuleoeldek!-oel) 000'00$ 000'Ok$ '88 2 -@AY ueaa 'SllneA/Sqgo .100 'SUBil 'Jee6 403!Ms 19)(0 JO UO! jeootew-Sela : :so!1!1!ln Molle4S 1---- 0 Imol - 91900 1!un sl!U n 4!Wer,O Uoild!1080 Well T well 711 2 INDS 4 peJedeld I 90-qaa-gl i SluelueAoidull 'MOZ~ ollqnd pesodoJd JO; elewl}Se S}SOO : LOO*EZ-ZOOZ 1 IleN elll!-1 041 le seouapiseN EXHIBIT I 0:40 00Z/LI Page: 2 f 0 00 - 99 I 2 .J-Â·'1 I)1Â· r' Sne.1 WT'V-ITS 0 0 Residences at Little Nell - Dean Avenue and SITE COST ESTIMATE Galena Street Improvements Date: 2.14.04 Attn: Sunny Vann Prepared for: Prepared by: SS CWA Development, LLC Checked by: SS Design Workshop UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT SCHEDULE 002-5000 SITE UTILITY -ELECTRICAL 5600 Omamental Street Light 12 Each $3,500.00 $42,000.00 5600 Recessed Wall and/or Stair Light 34 Each $300.00 $10,200.00 TOTAL SCHEDULE 002-5000 $52,200.00 SCHEDULE 002-6000 SITE DRAINAGE AND CONTAINMENT 6300 Storm Drains and Drop Inlets (includes trench drain) 2 each $1,600.00 $3,200.00 TOTAL SCHEDULE 002-6000 $3,200.00 111- 1 11 -11[- 111 111111111't Ill 1111111.. lili 05/17/2005 04:01 510210 Page: 27 of 33 SILLIA O L.S PITKIN COLi.-TY CO R 166.00 D 0.00 Residences at Little Nell Dean Avenue Improvements Cost Estimate Page 1 0 0 Residences at Little Nell - Dean Avenue and SITE COST ESTIMATE Galena Street Improvements Date: 2.14.04 Attn: Sunny Vann Prepared for: Prepared by: SS CWA Development, LLC Checked by: SS Design Workshop UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT SCHEDULE 002-7000 PAVEMENT AND CURBS 7200 Concrete Curb and Gutter 641 L.F. $15.00 $9,615.00 includes base complete in place 7200 4' Concrete Valley Plan 185 L.F. $6.75 $1,248.75 includes base complete in place 7300 Concrete Slab (w/scoring) 401 Sf -- $4.00 $1,604.00 7300 Color Concrete (w/ scoring) 2,719 S.F. $8.00 $21,752.00 7300 Endicott Brick Pavers 4,850 S.F. $11.25 $54,562.50 7300 Granite Pavers 2,292 S.F. $25.25 $57,873.00 7300 Color Concrete Stairs w/ Snowmelt 338 L.F. $146.00 $49,275.00 backfill complete in place 7400 Concrete Sub Slab 10,080 S.Y. $2.60 $26,208.00 7400 6" Class 6 Crushed Rock Course 394 C.Y. $27.50 $10,835.00 TOTAL SCHEDULE 002-7000 $231,724.50 510210 1 111111111~ lili.111[ 11111111.11111111111111 lili 05/17/2005 04:01 Page: 28 of 33 SI L~ IA DAVI S PI 1 KIN COUNTY CO R 166.00 0 0.00 Residences at Uttle Nell Dean Avenue Improvements Cost Estimate Page 2 0 0 Residences at Little Nell - Dean Avenue and SITE COST ESTIMATE Galena Street Improvements Date: 2.14.04 Attn: Sunny Vann Prepared for: Prepared by: SS CWA Development, LLC Checked by: SS Design Workshop UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT SCHEDULE 002-8000 SITE IMPROVEMENTS 8300 Handrails 223 L.F. $55.00 $12,265.00 8400 Site Walls-concrete on grade 362 S.F. $40.00 $14,480.00 8500 Planter Pots (Medium to Small) 12 Each $400.00 $4,800.00 8500 Benches 8 Each - - $2,500.00 $20,000.00 8500 Trash Receptacles 3 Each $750.00 $2,250.00 8500 Bicycle Racks 6 Each $500.00 $3,000.00 8500 Art Element 1 Each $10,000.00 $10,000.00 8500 Pedestrian Bollards 4 Each $500.00 $2,000.00 8500 Iron Trunk Guards 0 Each $500.00 $0.00 8500 Iron Tree Grates 12 Each $500.00 $6,000.00 TOTAL SCHEDULE 002-8000 $74,795.00 11111'Ill ll'l-1 li li lillill lit 11111111 lill 05/17/2005 04:01 510210 Page: 29 of 33 SILVIA C..VIS PITKIN COUb TY CO R 166.00 D 0.00 Residences at Little Nell Dean Avenue Improvements Cost Estimate Page 3 . .. Residences at Little Nell . Dean Avenue and SITE COST ESTIMATE Galena Street Improvements Date: 2.14.04 Attn: Sunny Vann Prepared for: Prepared by: SS CWA Development, LLC Checked by: SS Design Workshop UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT SCHEDULE 002-9100 LANDSCAPE IRRIGATION 9200 Irrigation: a. Irrigation Coverage 412 S.Y. $18.00 $7,416.00 b. Irrigation Sleeving 475 L.F. $6.00 $2,850.00 TOTAL SCHEDULE 002-9100 $10,266.00 SCHEDULE 015-6000 MECHANICAL SYSTEMS 6100 Slab Snowmelt System 9,450 S.F. $15.00 $141,750.00 TOTAL SCHEDULE 015-6000 $141,750.00 510210 Page: 30 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 0 0.00 Residences at Uttle Nell Dean Avenue Improvements Cost Estimate Page 4 .. Residences at Little Nell - Dean Avenue and SITE COST ESTIMATE Galena Street Improvements Date: 2.14.04 Attn: Sunny Vann Prepared for: Prepared by: SS CWA Development, LLC Checked by: SS Design Workshop UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT PROJECT SUMMARY SCHEDULE 002-5000 SITE UTILITY - ELECTRICAL $52,200.00 SCHEDULE 002-6000 SITE DRAINAGE AND CONTAINMENT $3,200.00 SCHEDULE 002-7000 PAVEMENT AND CURBS $231,724.50 SCHEDULE 002-8000 SITE IMPROVEMENTS $74,795.00 SCHEDULE 002-9100 LANDSCAPE IRRIGATION $10:266.00 SCHEDULE 015-6000 MECHANICAL SYSTEMS - - --------- $141,750.00 TOTAL CONSTRUCTION COSTS $513,935.50 CONTINGENCIES (15%) $77,090.33 TOTAL PROJECT COST $591,025.83 510210 il,11111111Il1immin Page: 31 of 33 05/17/2005 04:01 SILVIA DAVIS PITKJN COUNTY CO R 166.00 D 0.00 Residences at Little Nell Dean Avenue Improvements Cost Estimate Page 5 .. Residences at Little Nell - Dean Avenue and SITE COST ESTIMATE Galena Street Improvements Date: 2.14.04 Attn: Sunny Vann Prepared for: Prepared by: SS CWA Development, LLC Checked by: SS Design Workshop UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT THIS COST ESTIMATE WAS BASED ON THE FOLLOWING ASSUMPTIONS: The prices do not include any rock excavation or existing site demolition. The prices used in the estimate are 2003 construction prices, and reflect summertime constructi~ conditions. All quantities are preliminary and are subject to change upon completion of final construction drawings. All prices include supply and install by Contractor l illi lil i l 111 111111111 lilli 1-11 lili 05/17/2005 04:01 510210 Page: 32 of 33 -LV.A DAVIS PI-KIN CO Wi, -Y CO R 166.00 D 0.00 Residences at Uttle Nell Dean Avenue Improvements Cost Estimate Page 6 0 EXHIBIT Residences at LIttle Nell Landscaping Cost Estimati Subdivhlon Irnprown,nt Agr,ement RESIDENCES AT UTTLE NELL IMPROVEMENTS './- '::31 EÂ·:i- !,4,:1 =: EZ : E- 1 i :' Â·= 13 1!HfifietÂ· A Acer M 6 4Â· cal 8&8 $680.00 14 080.00 P Frajonus nica 'Palmar' P-nor, Ash 12 4- elt B&B 00 160-00 Pt AD.L.9 5-/U-.F 01.-r, A.- 42 8. d 8&8 $1010.00 142,420.00 Pt Ju, Wold,1 SO C cal BAB 1640.00 000.00 Pt bin,ubo~ 41 2.5- cal. BA $280.00 $11480.00 ORNANENTAL TREES (total #olt-â€¢: 131) ~ : :iF-EmiS!?1 E. ,Â·Â·:' ~ " !Â·-*-UitiEME . iIi! I. tUR IMakis z,wi IC:,bapple (vartely) , 13 1 2-~ i BAB i i Sa4000~ Â£ ~ ,~~!17!29,Â·99' CONFERCUS TREES [t-1 # of tra-: 40' Pd Anu, cO/$10,1/ /...Ail P.. 8 14' 8&B $1 210.00 S7 DO Pd PY,us confo,1/ A//Abli/ Pir/ 4 17 BAB 760.00 13 040-00 Pd Pjaus cor**9 *emit, L Pini 1 10' B&B 10.00 10.00 Pct Anus cor*,11 /4470#0 L Plne 1 BAB 00 O 00 Al. S Color,do Bkle 3 14' B.&B $1 .00 705.00 mci. 880 8 1 BAB $010.00 $488000 P P.. S Colorado 2 10 B&B $500.00 $1000.00 Pol...... 1 14' BAB 1 85.00 $15420.00 Fvul Poindiros' pine 2 12' BLB $810.00 1 820.00 Pt ar,ul Bick Pine 1 12Â· 848 S 1 000.co 000.00 an SHRUBS (tot,1 0 01,hn,be: 73,) CIB Comes *ba Bids YIRcv/ Yenow 1 -0 Dogâ€¢ood 3 6 0. llc).00 1150.00 Ch Colon,81- horizortâ€¢lia Rock Cot-*-r 21 5 gal. $4200 :882.00 Comus I,Wonhr, 21/114' 1-,6 85 5 . $48.80 $4,148.00 -------- ---" - communliE,1.-' Elkma ConÂ¥non J 167 5 :6000 18 350.00 Bur-10 52 5 W. $56.00 $2 912.00 b Loniciri Divo~ucrati TÂ· 91 6 $48 80 $4440.80 Pa P,/0/,Ai. ' Ruidan 13 5 . $42.00 00 Rhui oomatica trow Low' Grow Low Sum,c 23 6 / =00 00 Rh Rose hanisoni HaMilon Rm 6 5L $38.00 .00 1- Pinces:Â· Uttli Pr,Icâ€¢= 254 5 L 336.00 39 144.00 Scrip S m. 'Â»11& D-rf Karin UE 23 5 .80 $1122.40 Â·- 2136 PERENN!ALS rUâ€¢h: 2-1 c/0,-, 8/u, Elue White CoUnbinl 157 1 . $15.00 480.60 c-â€¢C-=S Utte D-rf ed Cok,rt,ine 103 1 t. 14.20 $1 462.60 A#.rx IrÂ».67 Monch' Monch Fraart A-r 64 1 $23.60 101 510.40 A:t,r F. A/t.r 27 1 . 17.30 $467.10 C,m codwelri**â€¢ Litl. Blue- 185 1 $23.60 366.00 0 I 183 1 15.80 $2 801.40 m. S ' BM â€¢ D,l inlin 106 1 313.80 $1462 80 GJB G,r,â€ž*/1 90/visonl ah-' Johnion'* Sk,i Garaniurn 34 1 17.30 $50820 Gm G.r.n- me/croh/,0 Scenlad Geranium 213 1,1 315.80 $3.385.40 HHR H,m,roc,/05 7Â·,bpm,Râ€¢hum:' H Rikans Day#y 420 1 oIl :17.30 $7,200.00 HRM M,morocds NICIM#*' R,d M Wy 45 1 g,1. $17.30 $778.50 HS Hom-0//4/ Spohnder' Oring. De 103 1 . $17.30 31.781.90 1,61 L/vi,x#cia thi L./Ind/r 321 1 gal. $1730 15.553.30 LP Lupims 71. Sc,riatt Lumn/ 185 1 gil $15.80 12.023.00 Mr Mah.'/I -p,nE Cri Colorado Holy 296 194. $20.00 $5,920.00 Oh Ory:op= hym,icidis lair Rici Gress 8 1 gIL $21.00 $168.00 SA.1 Se' 1"n Â·A,Aul,0 Joy A,*1,1Â¥1 Joy 127 1 gal $1420 $1.803.40 SS Schz.ch .cope.1.1 Uttle Bki-rrl 314 1 $ 19.50 36.123.00 NATIVE REVEGETATION (14657â€¢quar, f-1 [REIEFWS@Â¥*E*IZZZIECI~ - Niti,e Riv,getatio, Ar- shil indudi 90% -d rrn< IN 10% plant n-riat of 1 Ind 6 glitorn cont:,In. -Ref,rtolatblic-lorplantri.11,1.1 consic,redheÂ»nit-r-g,t,tion pl-lind-din;I Arricatiphylos â€ž*aâ€žrgi aw,kirmid C.,coca,pul mor,r,au, 6101.- Mihogany Aunus vir,piÂ¥/,1/ Chok/cherry An-=Wir'-01. 6.rvic,-ly - *- c,Ilph#u, =5:i:*lry Panmmon -clus Rocig Mo,-in Per-mon S*â€¢- Luplnâ€¢ A~,~an,0 00,Â»mâ€ž~1 Comâ€¢nol Juniper M:ou Fesow Achâ€ž10*,um hy,liâ€ž,oldâ€¢s bgmR-grass'Nuplf Unl~ 1-ili Bluell= -- -~ -- ------ ------------------- ---- - 801*04Â©uâ€¢ cu,10â€¢(- 7*re' Sidio- Grwria 8*nur hdlycljolug Son Luis Stender Whellgrass P,scopyrum wnithii 'Arra.' *W-Imv**0- F.#- 2.4"Or.. Rocky Mountain F*"10 Pol se.undi â€¢Sh-man' 5-wibig Blu~grass Agkg,lall';'Al' Rocky Mountlin Cokimbne , / Lanc~4,-d Cor,oplis Comul sjoion-* Roch,g Dogwood OVERALL PROJECT ACCESSORIES 8011 INPROVEMENTS {404 gubli yerdi) .5.00[iIIZIZEI~ pâ€¢r Ip,cicatons Hardwooll Mulch (101 cubic yerâ„¢ $600ofTiEE-fihI1878&~ 3- cov,rige plr splanclbon, SUBTOTAL 1 11111'llill lilli lilli 11111111 111111 111 lilli lill lili 05/17/2005 04:01 510210 10% Contipnoy Page: 33 of 33 GRAND TOTAL t:Il SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 :Â£21**29 - E 52 | Ill