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Home My WebLink AboutLand Use Case.219 E Durant Ave.0023.2017.ASLU0023.2017.ASLU 219 E DURANT - 1 DANCING BEAR ADMINISTRATIVE DETERMINATION 2735 131 060 16 p .\ I ent"4 4 271 1 H ..0 4 ./. 47 External Media Located Here ~ M-007959 ~ 'll 4..= .. PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0023.2017.ASLU PROJECT ADDRESS 219 E DURANT AVE PARCELID 2735 131 060 16 PLANNER HILLARY SEMINICK CASE DESCRIPTION DANCING BEAR PERMANENT ROOFTOP AMENITITES REPRESENTATIVE CHART HOUSE PROJECT LLC DATE OF FINAL ACTION 5.24.17 CLOSED BY ANGIE SCOREY 1.17.18 .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT AN ADMINISTRATIVE DETERMINATION FOR THE CHART HOUSE LODGE PLANNED DEVELOPMENT, LEGALLY DESCRIBED AS: THE DANCING BEAR RESIDENCES COMPRISED OF THE DANCING BEAR LODGE ACCORDING TO THE FINAL PUD PLAN AND PLAT RECORDED JUNE 8,2004 IN PLAT BOOK 69 AT PAGE 80 UNDER RECEPTION NO. 498443 AND CHART HOUSE LODGE ACCORDING TO THE FINAL PUD AND SUBDIVISION PLAT RECORDED FEBRUARY 17,2006 IN PLAT BOOK 77 AT PAGE 49 UNDER RECEPTION NO. 520960, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO; COMMONLY DESCRIBED AS 219 E. DURANT AVENUE PARCEL ID: 2735-131-06-002 JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: 26.104.100; Definitions, "Deck" 26.480.050 A; Condominiumization 26.575.020.F.4.1; Allowed Exceptions to 11eight Limitations; Permanent Rooftop Amenities EFFECTIVE DATE: May 24,2017 WRITTEN BY: Hillary Seminick, Planner APPROVED BY: Jessica Garrow, Community Development Director Date: May 24,201/7 ~1*(46/~~PFM/C/(4 j COPIES TO: cf ity Planning Staff, City Attorney SUMMARY: This administrative determination clarifies if permanent rooftop amenities at the subject property, Dancing Bear Residences Aspen (Chart House Lodge Planned Unit Development), located at 219 East Durant Avenue within the Lodge (L) zone district with a Planned Unit Development overlay (now called Planned Development (PD)), are subject to the provisions of the Land Use Code outlined in Section 26.575.020.F.4.1. The administrative determination was initiated by Illinois Avenue, LLC, Indiana Avenue LLC, New York Avenue LLC, North Carolina Avenue LLC, Pacific Avenue LLC, Pennsylvania Avenue LLC, Tennessee Avenue LLC, and Vermont Avenue LLC, through their Manager, Mediterranean Avenue, LLC (collectively referred to as "The Applicant"), represented by Richard Y. Neiley Jr., Esq. of Neiley Law Firm, LLC. Permanent Rooftop Amenities Issued May 24,2017 Page l of 6 .. A building permit (0130.2016.ARBK) for a tenant finish of the fourth floor timeshare lodge unit, including three hot tub/spas and two permanent fire features was denied zoning approval on January 20,2017. The basis of the denial was that the deck surrounding the lodge unit is a rooftop deck; therefore. the provisions of Section 26.575.020.F.4.1, (previously section "k") Permanent Rooftop Amenities apply, requiring the improvements on the deck be set back at least ten (10) feet from the street-facing fagade ofthe building. A set of plans that removed the permanent rooftop amenities to allow the remaining tenant finishes to be completed was approved under the same permit number. There are three distinct determinations requested by the Applicant. 1. The Applicant disputes the determination during zoning review that the deck associated with the fourth floor lodge unit is, in fact, a roof top deck. 2. The Applicant does not agree that the provisions of Sec. 26.575.020.F.4.1, Permanent Rooftop Amenities, apply to the proj ect and requests a determination associated with the vesting o f prior Planned Development approvals. 3. The Applicant disputes that the Maximum Height Exemption code language applies to the spa and fire pit features. BACKGROUND: The Chart House Lodge Planned Development was granted initial approval by Ordinance No. 32 (Series of 2005) (Reception No. 516050) on July 11. 2005. The approvals granted Subdivision. Timeshare, Mountain View Plane, and Growth Management Quota System approvals for a mixed- use project inclusive of the development of eleven (11) timeshare lodge units with twenty-one (21) rentable keys, two (2) affordable housing units, net leasable area, and 27 parking spaces. The original approval was vested through September 2008. In 2006, a Planned Development Plat was recorded at Book 77, Page 62 (Exhibit A). The recorded floor plan ofthe fourth tloor includes the surrounding deck area. The area in question lacks any permanent amenities. A building permit application (0037.2007.ACBK) was submitted pursuant to the plat and ordinance during the vesting period. The building permit was issued, and construction began for the project. The building permit showed two hot tubs on the rooftop deck that surrounds the fourth floor lodge unit. Due to the recession, construction was halted because of financing issues. City Council Resolution No. 78 (Series of 2010) (Exhibit B) extended both the 2007 building permit and the vested rights through June 30,2014. During the extended vesting period, several amendments to the project's approvals occurred. A Planned Development Amendment was approved May 20, 2014 by the Planning and Zoning Commission via Resolution No. 8 (Series of 2014). Although the plan sets provided by the architect show hot tubs on the roof top deck adjacent to the fourth floor lodge unit, the scope of the approvals are solely on the internal configuration ofthe building and the exterior materials the building (Exhibit C) as outlined in the resolution. There are no fire features depicted on the drawings associated with the amendment. As an amendment, the development order issued for the approval notes that it is subject to the vested rights period that was outlined in Resolution No. 78 (Series of 2010) and would expire in 2014 (Exhibit D). Permanent Rooftop Amenities Issued May 24,2017 Page 2 of 6 .. Also in 2014, a code amendment provided definition to how permanent roof top amenities, including spas and fire features relate to building height. Ordinance No. 7, Series of 2014, effective May 28,2014, amended Sec. 26.575.020.F.4, Allowed Exceptions to Height provision o f the land Use Code, adding requirements to the exceptions to permitted height regarding permanent roof- deck amenities. The project was not subject to this new provision during the vesting period. Adopted Language (Ord. 24. Series 2014) Permanent rooftop amenities, such as built-in wet bars. built-in barbeque grills, cabinets, sinks, fire pits, pools, hot tubs, etc. shall be permanently installed and shall meet the following height and setback requirements to qualify for a height exemption. This only applies to a mixed use, lodge, or commercial building located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District. the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Neighborhood Commercial (NC) Zone District. or the Commercial Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet above height of the building at the point the equipment is attached to the roof. This allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height often (10) feet and a maximum floor area of no more than 5% of the useable deck area is permitted. All permanent rooftop amenities shall be set back from any Street facing faeade of the building by a minimum of ten (10) feet. (Emphasis added) The master building permit for the project (0037.2007.ACBK) was re-issued on March 9, 2015 and subsequently, additional land use approvals and change orders were applied for by the property owner. An Insubstantial Planned Development Amendment was administratively approved and recorded on October 14, 2015 as Reception No. 624103 (Exhibit E). The amendment solely allowed for modification to the exterior railing materials for railings on multiple levels ofthe building. Nothing in the written request or approval addressed hot tubs or fire features. Change order 0008.2016.ACGR was submitted by the applicant requesting amendments to the active building permit. The change order requested approval for different finishes within the fourth story lodge unit rather than completing the finishes outlined in the original 2007 permit. The drawings (Exhibit F) submitted with the change order do not depict hot tubs, fire features, or any other permanent amenities on the roof-top deck and represents requested changes to the 2007 permit. The permit for this change was issued on March 24,2016. The entire project (under Master Permit 0037.2007.ACBK and including the change order described above) was issued a Certificate of Occupancy on June 15. 2016 (Exhibit G). The project's statutory vested rights ended on June 30,2014 and common law vesting ended when the permit was closed and the project received a Certificate of Occupancy (CO). No hot tubs, fire features, or any other permanent amenities on the roof-top deck were in place at the time of the C.O.'s issuance. DEFINITIONS: 26.104.100. Definitions. "Deck". An outdoor, unheated area appended to a living space but not intended for living. Permanent Rooftop Amenities Issued May 24, 2017 Page 3 of 6 .. 26.480.050.A. Condominumization A. Condominiumization. A subdivision to establish, amend, or vacate separate ownership interests of a single property in a Condominium or Common Ownership Interest Community form of ownership shall be approved, approved with conditions, or denied by the Community Development Director. Condominiumization shall be limited to allocating ownership interests of a single parcel and shall not effect a division of the parcel into multiple lots, an aggregation of the parcel with other lands, a change in use of the property, and shall not operate as an abatement of other applicable regulations affecting the property. The Director shall review the condominiumization plat pursuant to Section 26.480.030, Procedures for Review, and according to the following standards: (Emphasis Added) Roof-deck: A flat portion of a roof used as a walk or terrace. https://www.merriam- webster.com/dictionary/roof-deck Roof: The cover of a building. https://www.merriam-webster.com/dictionary/roof DETERMINATION: 1. The Applicant disputes the determination that the deck associated with the fourth floor lodge unit is in fact, a roof top deck. The deck surrounding the fourth floor lodge unit is on top of living area. As defined by Merriam- Webster, the cover (e.g. top) of a building is defined as a roof. Furthermore, Merriam-Webster goes on to define a roof-deck as a flat portion of a roof used as a walk or terrace. According to the Land Use Code, a deck is an outdoor unheated area appended to a living space. Using both the Land Use Code and the common understanding of roof-deck as outlined in Merriam-Webster, the deck in question is appended to the top of a living space, e.g. the roof of the third floor, and is considered a roof deck. 2. The Applicant does not agree that the provisions of See. 26.575.020.F.4.1, Permanent Rooftop Amenities, apply to the project as subsequent approvals were granted after the code language was adopted and, as a result, extended the vested rights period of the project. In regards to the vested rights that would allow the permanent rooftop amenities that were proposed in the original building permit, Staff finds that three points are essential to the issue of vesting: First, the Applicant makes the argument that on the Amended and Restated Condominium Map of Dancing Bear Residences (Exhibit H). the roof-deck is labeled "patio". While this labeled space does not meet the definition of "ratio" in the Land Use Code, more importantly, a condo plat does not create a vested right. Rather, a condo plat is a document that creates legal separation of ownership units within the same parcel. See. 26.480.050, Administrative subdivisions, clearly states the limitations of this review in that it shall be limited to allocating ownership interest rights. Furthermore, the City of Aspen Community Development Director signature block includes the following disclaimer: Permanent Rooftop Amenities Issued May 24,2017 Page 4 of 6 .. To the extent that anything in this plat is inconsistent or in conflict with any City of Aspen Development Orders relating to these condominiums or any other provision of applicable law, including but not limited to other applicable land use regulations and building codes, such other development orders or applicable laws shall control. Secondly, the Planned Development Amendment (Exhibit C) and Insubstantial Planned Development Amendment (Exhibit D), while including drawings that identify permanent rooftop amenities, do not address hot tubs or fire features in the approved changes that were the subject of the amendments. The changes approved in each of the amendments were for different features of the project. Additionally, the amendments did not extend the vested rights expiration date of June 30,2014, as retlected in the development order for the Planning and Zoning Commission approval. Lastly and most importantly. the change order (0008.2016.ACGR) to the master building permit (0037.2007.ACBK) submitted March 9, 2016, presented drawings that removed the rooftop amenities that had earlier been depicted. Once the Certificate of Occupancy was issued in response to the project as a whole, including the plans depicted in the change order, the project was complete, and vested rights ended. Any subsequent changes would be subject to current requirements under the Land Use Code. In this case, the height limitation and setback requirement established by 26.575.020.F.40), now apply to all proposed, permanent rooftop amenities. 3. The Applicant disputes that the Maximum Height Exemption, Section 26.575.020F.4(1) applies to the spa and fire features. The Applicant argues that the approved height of the building is 46'6", with no separate height limitation on the roof above the 3rd floor. While the Applicant is correct that the approved height of the building is 46'6" , any additional improvements after expiration of vesting would be subject to the current Code. The 11 unit, 21 key lodge project is in the Lodge zone district and has a lot size of approximately 12.000 sq. ft. The maximum height for a lodge with this unit density, less than one lodge unit per 500 sq. ft. of lodge area. is now 28 feet. 1 he project can remain at the height approved in the PD, but any improvements not specifically included in the PD are subject to the current Code. Additionally, while the maximum approved height of the building is at 46'6", this was only for the fourth floor portion of the building. A table for the proposed dimensions of the lodge for consideration during the Final PUD review was included on page three (3) of the Staff Menlo to Council, dated August 8,2005. The maximum height for the fourth floor was 46'6". to be setback from the lower floors, and a maximum height of 37'7" at the top of the third floor (Exhibit I). Additionally, the approved PUD plans recorded at Book 77, Page 64 show a setback fourth floor (Exhibit J). The maximum height represented before City Council for the top of the third floor was 37'7". Any building permit submitted for elements on the top of the third floor would be subject to the provisions of Sec. 26.575.020.F(4), Allowed Exceptions to Height Limitations. The section expressly addresses which improvements may be on a roof- and in this case, established a 5 feet height limit above the roof deck and a setback of 10 feet from street-facing facades. Because the approved development does not address any additional allowances for roof-top amenities, the current Land Use Code applies to any newly proposed rooftop amenities. Permanent Rooftop Amenities Issued May 24,2017 Page 5 of 6 .. APPEAL OF DECISION: Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days o f the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. This administrative determination was issued and becomes effective on klay 24,2017. EXHIBITS: Exhibit A: Planned Development Plat (Fourth Floor) (2006) Exhibit B: Resolution No. 78 (Series of 2010) - Extension of Vested Rights Exhibit C: Resolution No. 8 (Series 2014) - Planned Development Amendment Exhibit D: Development Order for Resolution No.8 (Series of 2014) Exhibit E: Insubstantial Planned Development Amendment (2014) Exhibit F: Change Order Permit and Drawings. 0008.2016.ACGR Exhibit G: Certificate of Occupancy, June 15,2016 Exhibit H: Amended and Restated Condominium Map (2016) Exhibit I: Staff Memo Planned Development Approval - Dimensional Table (2005) Exhibit J: Approved Plans, Planned Development Approval (2005) Permanent Rooftop Amenities Issued May 24,2017 Page 6 of 6 r \1 - _ hx f-, /1.-1 .. 11-~Ill - 1 ;fl~ ~11-1]Â·t}~11 5 1 1-0/01./........./........ ou,WN,-,c~0=66:4 7'TY---I------ .....1- 1 ;Glum*.141'av'*01Nilwhowl it,~ -1 111 El Hh 1 . __.__- -_. ./. /4 1 '060.9.li~}m.'1~1 .....t 1,1ll r , I H .. . Unk . [fit ---i * .... 101./6$11.....,0. 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Use Classification: COMM Building Permit: 0037.2007.ACBK Legal Description: SUB:EAMES ADDITION BLI<:3 LOT:6 - LOT:9 DESC: CHART HOUSE BK:0443 PG 0144 Building Address: 219 E DURANT AVE ASPEN CO 81611 Owner of Building: CHART HOUSE PROJECT OWNER LLC Owner Address: 115 BOOMERANG RD #5201B ASPEN CO 81611 Group: R2 A2 S2 Type of Construction: |IB Use Zone: L Description: GARAGE LEVEL: 27 PARKING SPACES, CAR LIFT, DURANT TUNNEL LOWER LEVEL PLAN: EMPLOYEE UNIT #1, EMPLOYEE UNIT #2, MECHANICAL ROOM, ELECTRICAL ROOM, HOUSEKEEPING ROOM, OWNER STORAGE, IT ROOM, UNFINISHED SPA, UNFINISHED RESTAURANT KITCHEN FIRST LEVEL PLAN: TRASH AND RECYCLING ROOM, LOBBY, UNFINISHED RESTAURANT, RECEIVING ROOM, OWNER LOCKER ROOM, SUITE #1, SUITE #2, TWO LOCK-OFF HOTEL ROOMS, TWO ELEVATORS, TWO TOILET ROOMS SECOND LEVEL PLAN: SUITE #3, SUITE #4, SUITE #5, SUITE #6, FOUR LOCK-OFF HOTEL ROOMS THIRD LEVEL PLAN: SUITE #7, SUITE #8, SUITE #9, SUITE #10, FOUR LOCK-OFF HOTEL ROOMS FOURTH LEVEL PLAN: MASTER SUITE #1, MASTER SUITE #2 COMMENTS: NFPA 13 SPRINKLER SYSTEM, 7.888 SQUARE FEET SNOW MELT A FORMAL AGREEMENT AND LETTER OF CREDIT WILL BE EXECUTED FOR THE RELOCATION OF THE DEAN STREET SWITCHGEAR WITHIN TWO WEEKS OF THE CO ISSUANCE. IF AN AGREEMENT IS NOT IN PLACE WITHIN THAT TWO WEEK TIMEFRAME, THE CO WILL By REVOKED ON JUNE 30TH,2016 %316*)-Ae,~~- 1*L.~64 1 5~- Ci#Af l 6 ~ Chief Buildind,Official r- Note: In all occupancles, except R, this certi t be posted In a conspicuous place near the main exit on the premises for which it Is issued. Any alteration or use of :ribed premises or portion thereof without the written approval of the Building Official shall negate this C.O. and subject it to re' r'l-t ii=dtz ... wh City of Aspen General/ Building Permit Application 130 South Galena Street, Aspen, Colorado 81611 0002. Zot 6. AGGE, IiiÂ£ Cin ,â€¢ A.,Â·i . Phone (970)920-5090 Fax (970) 920-5440 PERMITNO. .ob Address '2.Ic, â‚¬ Deez,por Sr, iA spil) CO 25 IGU Lot Block Tract or Subdivision AÂ·sAU Parcel ID tcall 920-5160) Legal Desalption 6-1 3 gamu AUNinte-0 Ci-n (IUÂ·., r:.02 Best Contact Name/Phone/Cell Phone/EÂ·mail Muvi- 04>uuct , (910) 41 I -9 GI G U,u-EP<'Â·u..9.w L.4 ir- COÂ·:h Owner Address Phone No , E-mail CÂ®,Ailr UcÂ»51. P.011 3-.13 LLC , OolS lbsÂ»ri&-1 \26 154,1'LS.k,\ 4/(910)910 -32â‚¬5- Owner's Authorized Agent ._ Phone No Alternate Phone No. E-mall 180-1 hA/Leix.4- (1-10) 920 3 295- Il:42.Â£15+v:LS. Co LE,h General Contractor Phone No. E-man raf Q.A 01Â£60 C (9-10) 163-355-6 Architect Phone No. Alternate Phone No. E-mail 0' 6 /19 N 0*zh..r,sw Ir / ICA, 110%,Arboj (974 GGb -l(33 Wau Â£(20Â¢' *Cti .LOr-% Description of work: Cons. Mit Sq# Disturbed Area Frivak Scopi oF 4m U.AL lk) tr Of, Eaâ‚¬,uir--1 u h k) IA Use of Building 0 5,r,gle Family El Multi-Family [dhommercial/Res dential U Commercial 0 Other Class of Work. M New 3 Addition U Alteration E Repair O Move C Tenant Finish 3 Demo E Other / Valuation of Work S Existin g Sq . Ft. 01 Un it- Sq. Ft. This Per-nit: -1.- < C~ Sl' Food Service in this Building? 0-JOT ~enn 4 429 37 20. - 3, 68 . - Cyes Erno --~c Scevid. NOTICE: Separate permits are required for electrical. plurnbing or mechanical work. Th,5 permit becones null and void if work or construction authorized 15 not commenced within 180 days, or if lu iN, 3 (10, i r construction or work i; suspended or abandoned for i period of 180 days at any time after work has commenced. hereby certify that I have read and examined th,$ application and know the same to be true and corre:t. Ali provis.ons of laws and ord,nances gove'nung this type of work will be complied with whether specified herein or not The granting of a permit does riot presume to give authority to vâ€žlite or cancel the provisions of any other Ate or local law regulating construction or the performance of con;tructon It Is my responsibllity to review the ipproved plans and any comments that are contained thereon and see that the structure and/of project is built In compliance with all applicable codes. USE TAX: The General Contractor or Owner Builder ,$ required to pay a Use Tax Deposk to both the C tv of Aspen (2.1%, first $100,000 15 exempt) and Pitkin Counry (0.5%, no exemphon) on the Du,!ding pe,mit at the time of issuance. All sub-pe,mit; pulled unde, a building pe,mit are paid by this dEposit payment ind should not pay use tax Contrator Signature Print Name Date ' LICkit Â£6 / r .Permit Type: BD CO DE FD FN MH MS RF SN PLANS LOCATION # 78, 302 Censu Occupancy Load Occupancy Group Lot Area Zone District Died Restricted No. of Stories No. of Dwillings Type of ConstructionÂ· 02 ke 52 L 773 Alarm System RA Fire Sprinkle Reg. Historic Property? HPC Certificate of Appropriateness Pres=bm'ttal by Afyes L no * f yes Â£ I no El yes ,*no C] yes 1,0 Sl ze of Building 02 %7 7 No. of Parking Spaces No. Bedrooms added: No. Bathrooms added: Date covered: uncovered: Application Acce:zed 4 APPROVALS 4 Authorized by: Date FEES 4 Cost FEES 4 Cost 1- 5 Zoning J -rp .73Â¥:2 PERMIT FEES tate 1 1 2-lf .* 10 HK A$pen San. Diit Plan Ch* 4 G.I.S. City Use Tai Housing Cash- Date Engineering 5.9./6 in-lieu County Use Tax Park Impact Approved Qr issuance ov Env. Health Ene~ Code Pei Amenity Date PAS C 3 -2-7 16 Water School Oed Issued bÂ¥ Permit Fee 25.00 TDM Impact Date Sanitation Plan Chec~ '-1 / c, ' Â· 4: 1 CMP REMP 1~ Zond"hix.rÂ· 11 -525* (-A.THISISAPERMITQNLY WHEN VALIDATED. Flie District Stormwater fee/ WORK STARTED Water Tap In lieu WITHOUTPERMIT Cons Mit Eng Review WILL BE DOUBLE FEE. Other Other Demo/hi[* Fte RECEIPTS PLEASE CALL FOR AN INSPECTION TO (970) 920-5448 40-6-11 OFF1CE COPY .im- FOR CITY USE ONLY ~YAN PARTNERSHIP, INC. | FINISW SCHEDULE | 15 1.6 2 25 3 4 4.5 5 5.5 6 ARCHITECTS -KIA fLQQR F-1 CARPET 11Â·-6Â· 7-3â€¢ 9'.3 j---49-_~1~~L~EL~191-414=Â£-4 F-2 VINYL SWEET GOODS ARCHITECTURE MAOE 5-1 PAINTED rop 1 1 1 1 | | 1 | 1 I | PLANNING & t 1 1 1 1 1 1 1 1 1 INTERIORS UJ-1 PAINTED D/nUALL P. O. Boo[ 1773 1 1 1 1 1 1 1 1 1 1 C-1 PAINTED DRÂ·nUALL 4-1 Tel: 970.668.1133 b FIc 970.66&1316 : INTERIOR FINISH NOTES-PENTHOUSE PLAN - --t---~---t-- - 42 VAVW- â€¢ ALL -ALL .. CEIL....1.... 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TE' ExTENT CP ... ,â€¢04Â·COM DA= *ALLATICÂ»L \ 2 0 . 2 6--Pl al..... 00%%00*j Â»â€¢DICATES EXTENT 000"001 2 0%%*40% F/7 000*00%1 Revisions: 1,4*DED /'A - eOLID NO+CCM 2 P DIOMENBER PLJ -CE'TAL 0*4<- f-9 1 Â®LOCK>Op 1 1 -DESTAL * tr,j . /\ r I -1 k- reh CA /1h rzhpw INTERIOR ELEVATIONS 2-3-16 PENTKBE AI#JU2 \fttf/ AlÂ®JU2 (4163&12/3/3Â· â€¢ 1'-0Â· BATWROOM 4 CLARIFICATION fe 2-5-16 PENTHOUSE CLARIFICATION 73 RE.*11*A / ... .00 - -04....00 i, ION@ - 1<*AIME,Â©7 1-9 L Â·-* 1 L -NTED MANTIO r lur DRYIUALL 0/lrWALL C~RT-WALL , Pull IEIGHT 0., 1 a.fr-1 /1,<FED &812 .=1 .1 #*PANe. /1/2...86...L -<_ ~ULL +EICHT ..22:=A-- ILL le'/% 9 .1/2.11.86/.2.- 1\ Â® 6 . < > 4 1-NON-CateLOCK- 4 FOR /'ll= 0- f Date: 12.12.14 ~4&1 - BA~ *.TALLATIC. *IC.aTZO E*TENT I 0.4.0.0 A-A - SOL|C) NON-CCM I~ICATED EXTENT ~(DICATES EXTENT 1 7= [ 10005#(M ~ 0@*33*~] Â·nlr -OCIUÂ«h. ..DED ... [ 0.5,5~9#43 - eGLIC NON.Cal Project No: 245300 i 4// A 018.-1. Drawn by- Sce 1)~ '1 .2- [-L - M. 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D Yes + If YES, enter delivery address below: Â¤ No N+51,AW Ficu / 61-03 410 E . 64 A co q.r, 11; Sk i TE 240 ASPEA , CÂ£) 8 1 U I 1111111111111111111111111111111111111111111111 Adult Signature Restricted Delivery O Registered Mail Restrictec 3. Service Type D Priority Mail ExpressÂ® Adult Signature Â¤ Registered Mailâ„¢ Delivery 9590 9402 1239 5246 2333 85 Certified MailÂ® Certified Mail Restricted Delivery O Return Receipt for Collect on Delivery Merchandise n A-â€¢:..1- Al.....4-. /7>.nef. r frelm ew/i/A /Ahe/1 O Collect on Delivery Restricted Delivery E Signature Confirmationâ„¢ U Insured Mail O Signature Confirmation 2199 9991 7036 7770 1248 0 Insured Mail Restricted Delivery Restricted Delivery (over $500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING#. *0Â£-1~k=t.Class Mail - &ge & Fees Pak! - Irl' :~ Â· ~ ~Â·4# :1Â· . "-7-44'. 94--1-'Ipegmi#No...040'Â»,0 9590 9402 1239 5246 2333 85 United States 0 Sender: Please print your name, address, and ZIP+4Â® in this box' Postal Service 3Â©0 Adeysan, 421*V CITY OF ASPEN 130 South Galena Aspen, CO 81611 i i ii ] ji p] l i p I p 1 11 I P , 41 1 4 ; 11 j i p I j i i i j j I l l I p 1 11 , ] I i i I ii 1 4, .. RECEIVED MAR 1 6 2017 CITY OF ASPEN CO~UNITY DEVELOP~ENT APPLICATION FOR DETERMINATION OF APPLICABILITY OF LAND USE CODE Â§26.575.020.F.4.k WITH RESPECT TO "PERMANENT ROOFTOP AMENITIES" Lodge Unit PH-20, Dancing Bear Residences Aspen 219 East Durant Avenue Aspen, Colorado 81611 PROPERTY OWNERS/APPLICANTS: REPRESENTATIVE: Illinois Avenue, LLC Richard Y. Neiley, Jr. Indiana Avenue LLC Neiley Law Firm, LLC New York Avenue LLC 420 East Main Street. Suite 240 North Carolina Avenue LLC Aspen, CO 81611 Pacific Avenue LLC 6800 Highway 82, Suite 1 Pennsylvania Avenue LLC Glenwood Springs, CO 81601 Tennessee Avenue LLC (970) 928-9393 Vermont Avenue LLC aspenlaw@neileylaw.com c/o Mediterranean Avenue LLC 623 East Hopkins Aspen. Colorado 81611 (970) 920-1280] aspenstarwood@gmail.com PROPERTY: Lodge Unit PH-20, Dancing Bear Residences Aspen, according to the Amended and Restated Condominium Map, recorded September 19,2016 in Plat Book 115 at Page 64 City of Aspen, State of Colorado Parcel ID No. 273513106016 .. APPLICATION FOR DETERMINATION OF APPLICABILITY OF Â§26.575.020.F.4.k WITH RESPECT TO "PERMANENT ROOFTOP AMENITIES" Introduction The Applicants, Illinois Avenue. LLC, Indiana Avenue LLC, New York Avenue LLC, North Carolina Avenue LLC., Pacific Avenue LLC, Pennsylvania Avenue LLC, Tennessee Avenue LLC and Vermont Avenue LLC. through their Manager. Mediterranean Avenue. LLC, and legal counsel, Richard Y. Neiley, Jr.. seek an adininistrative determination of the Community Development Director of the City of Aspen regarding the applicability of Land Use Code Â§26.575.020.F.4.k (Attachments 1 and 2) with respect to ~permanent rooftop amenities" for its real property described as Lodge Unit PH-20, Dancing Bear Residences Aspen. 219 East Durant, Aspen, Colorado. The Applicants are the owners of all of the fractional shares in Lodge Unit PH-20, Dancing Bear Residences Aspen, the penthouse unit on the Dancing Bear Residences building located at 219 East Durant, Aspen, Colorado. The building is fully constructed and the penthouse is complete with the exception of interior finishes and the installation of finishes and amenities on the deck surrounding the penthouse. After purchasing all of the fractional interests in the penthouse, the Applicants, through their general contractor and architect, submitted plans for the installation of the finishes to the penthouse and the surrounding deck (Attachment 3). The proposed amenities on the deck include three (3) hot tubs, two (2) on the south side of the deck and one (1) on the north side. as well as two (2) gas fire rings, seating areas and other amenities. The proposed improvements will not result in the alteration of the penthouse structure or building exteriors. The proposed amenities will not be visible from street level. The City Zoning Officer, Jim Pomeroy. reviewed the Building Permit Application and concluded that the deck surrounding the penthouse was a -rooftop deck" and that, as a consequence, the provisions of Chapter 26.575.020.F.4.k require that all amenities on the deck be set back at least ten ( 10) feet from the fagde ofthe building. Mr. Pomeroy. therefore, would not approve the plans for the installation of amenities on the deck, as submitted. The Applicants seek an administrative determination rejecting and reversing Mr. Pomeroy's conclusion with respect to the amenities on the penthouse deck. Specifically, the Applicants do not agree that Chapter 26.575.020.F.4.k, which is within the Land Use Code Section entitled "Measuring Building Heights," applies to the installation of amenities on the penthouse deck. The Applicants do not agree that the penthouse deck is a "rooftop" deck. The Applicants further take the position that even if the referenced Code Section would otherwise apply to similarly situated decks. it does not apply to the penthouse deck because the specific PUD approvals granted by the City of Aspen in connection with the development of the Dancing .. Bear Residences building, and specifically the penthouse and deck. permit the location of the deck amenities as proposed by Applicants. Because PUD amendments were approved after the adoption of Section 26.575.020.F.4.k. those PUD approvals govern the placement of amenities on the penthouse deck. The first of the three issues for administrative determination identified by Mr. Pomeroy in the Pre-Application Conference Summary (Attachment 13) is "Because the original project was finished, and the vesting had expired, the new permit needed to be judged under the current Land Use Code at the time of permit submittal." First. Ordinance No. 32, Series of 2005. recorded as Reception No. 516050 (Attachment 5). the initial approval of the Chart House Lodge PUD (now Dancing Bear Residences). established the dimensional requirements for the project limiting the building height to 46'6". There is no separate designated building height for the penthouse deck on the fourth floor or for the surrounding parapet wall or railings. As part of the approval process. the developer was obligated to reduce the size of the penthouse and set it back from the faQade of the building. This was based on plans that were submitted. reviewed and approved that created the deck on the penthouse level. There are no restrictions on what can be located on the deck or the imposition of setback requirements for amenities in Ordinance No. 32. As required by the Ordinance. a Planned Unit Development Agreement was entered into on February 15. 2006, recorded as Reception No. 520961 (Attachment 6), that confirmed the 46'6" height limitation and established building setbacks. It did not impose any height limitation for the penthouse deck. parapet wall or railings or establish any setback requirements for amenities on the deck. PUD amendments were granted with respect to the penthouse deck acknowledging the location of hot tubs and approving faÂ¢ade railings specifically to accommodate the location of hot tubs after the adoption of Ordinance No. 7, Series of 2014 that established the permanent rooftop amenities setback requirements. As such, the City has already acknowledged that the setback requirements for rooftop decks do not apply to the penthouse deck. The Applicants relied on these recorded approvals when they purchased their interests in the penthouse. The PUD amendments have not expired, no changes to the Land Use Code have been enacted since the PUD amendments were approved, and the Applicants are, therefore, entitled to locate the deck amenities in accordance with their proposed plan. On April 28.2014. the City adopted Ordinance No. 7, Series of 2014 (Attachment 2), that implemented the provisions for ''Allowed Exceptions to Height" including maximum heights and required setbacks for rooftop amenities to qualify for a height exemption. On May 20, 2014, the Planning and Zoning Commission adopted Resolution No. 8. Series of 2014, recorded as Reception No. 611040 (Attachment 7). approving a PUD Amendment to the Chart House Lodge (now Dancing Bear Residences) approvals granted by Ordinance No. 32. Series of 2005 that authorized, among other things, changes to the exterior fagade and the railings on the fourth floor (penthouse level) of the building. That Resolution 2 .. attaches floorplans and elevations for the building that include at Sheet A3.5 the penthouse tloor plan. That sheet depicts two (2) hot tubs adjacent to the parapet and railing on the south side of the deck. The hot tubs are not set back 10' from the faQade and are in the locations where they are proposed to be installed today. The Planning and Zoning Commission did not treat the penthouse deck as a "rooftop" deck and specifically approved the location of the hot tubs adjacent to the parapet and railing as evidenced by the recorded Resolution. On May 22,2015, the City Community Development Director approved an Insubstantial Planned Unit Development Amendment for the Chart House Lodge PUD, recorded as Reception -No. 620089 (Attachment 8) that allowed for a change in the building railings and that attached elevations depicting the changes. The elevations include Sheet A5.0 that depicts the south fa,;ade of the building and includes an elevated railing at the penthouse level with the notation ~'raised glass rail at hot tub." This is the same hot tub depicted on the floor plan attached to Resolution No. 8. Series of 2014, as Sheet No. A3.5. On October 14.2015, the City Community Development Director approved an additional Insubstantial Planned Unit Development Amendment for the building. recorded as Reception No. 624103 (Attachment 9) that further clarified the railings on the building and attached elevations depicting the changes. The elevations include the south and north facades of the building at Sheets A5.0 and A5.1. respectively. that depict elevated railings in two (2) locations on the south faGade and one ( 1) location on the north fagade of the penthouse level. The elevations include the notation at all three (3) elevated railing locations "raised glass rail at hot tub." These raised glass rails are in the locations exactly where the Applicants now seek to install the hot tubs. The raised railings would not be needed unless the hot tubs were adjacent to the facades. In neither Insubstantial PUD Amendment did the Community Development Director treat the penthouse deck as a "rooftop' deck or require that railing heights or amenity locations comply with the setback requirements of Section 26.575.020.F.4.d. or k. The building was constructed based upon the approved plans that included the raised parapet wall and railings for the hot tubs on the penthouse level as well as penetrations in the deck to accommodate the necessary natural gas and electrical connections for the deck amenities adjacent to. or closer than 10' from, the fa~ade. The railings are in the same plane as the building fagade and are not set back at all. After the building was completed. the developer prepared and submitted to the City for approval a Condominium Map that was approved on September 14 and 16,2016 and recorded at Plat Book 115, Page 64. That Map, at Book 115, Pages 83, 85 and 86, identifies the exterior area surrounding the penthouse as a -patio" not a 'rooftop deck." At Page 85, the Map depicts the elevations of the building and on both the south and north elevations the raised parapet walls and railings for the hot tubs are depicted. (The cover page and page 85 of the Condominium Map, Sheets 1 and 22, are appended as Attachment 10.) As of September of 2016, the City continued to recognize that the penthouse deck. parapet walls and railings had been built as approved and were not being treated as a "rooftop" deck. ..3 .. The City is now attempting to change (or simply disregard) the prior approvals by imposing a definition of the penthouse deck that is inconsistent with all prior approvals. The building was constructed based on plans that allowed the hot tubs to be located adjacent to the fagades and that did not treat the penthouse deck as a "rooftop deck" for setback purposes. The Applicants also point out the 'rooftop" deck regulations that are in question were designed to minimize visual impacts from street level. In this instance, there are no visual impacts as the parapet wall on the penthouse level completely screens all amenities from street level view. (See photographs ofthe building, Attachment 4.) The penthouse deck is not a -rooftop deck.' The second issue identified for administrative determination by Mr. Pomeroy is: "That the wrap around deck was considered a 'roof-top deck' because it was built on top of living space. rhe Applicants do not agree that the penthouse deck is a -'roof'top deck" as intended by the Land Use Code. The Land Use Code does not contain a definition of 'rooftop." Land Use Code, Chapter 26.575. at Section 26.575.020.A. "Calculations and Measurements.' states "The definitions of the terms are set forth at Section 26.104.100 - Definitions." As the term -rooftop is not defined in the Land Use Code. we look to the purpose and intent of the regulations to determine their applicability. The regulations in question are clearly intended to minimize the visual impacts of amenities on the top of buildings when viewed from street level. Thus, Section 26.575.020.F.4.k requires that all amenities located oil rooftops, including railings, be set back from the fagade of the building. The specific regulation in question is contained within Section 8 of Ordinance No. 7. Series of 2014 (Attachment 2), which is identified as follows: "Miscellaneous Supplemental Regulations, Allowed Exceptions to Height. which section describes how to measure building heights ...." The regulations involving setbacks, found in subsections d. (Rooftop Railings) and k. (Permanent Rooftop Amenities). are expressly applicable only when a building would otherwise exceed permissible height. Thus, visual impacts are reduced and view plains are protected. Further, this is not a +rooftop" deck. This deck is not on the top of the building. This is a deck on the fourth level surrounding the penthouse. The City has not previously treated this deck as a rooftop. The approved and recorded Condominium Map. the PUD amendments and the approved plans, in reliance on which the building was constructed. allow for parapet walls and railings in the same plain as the building fagade. The approved PUD amendments locate the hot tubs exactly where the Applicants propose to install them. The setback requirements of Section 26.575.020.F.4.k do not apply to the penthouse deck. The third area for administrative determination identified by Mr. Pomeroy is: 'That because it was a rooftop deck, it was subject to the provisions of height and setback in 26.575.020.F.4.k), Permanent Rooftop Amenities." However, even if the penthouse deck was 4 .. considered a -rooftop- deck, the regulations do not apply as the Applicants do not seek a maximum height exemption. The regulation which derives from Ordinance No. 7. Series of 2014, is intended to allow a property owner to exceed the otherwise maximum building height with certain permanent amenities which. when installed in accordance with the regulation, do not count against the overall permitted height of the building. That is not the situation we are dealing with here. Rather, the deck in question and all improvements on the 4th level of the building are well within the permissible maximum building height. it is only where the building height would otherwise be exceeded that the referenced regulation, and its setback requirements, come into play. The concept being that if you exceed maximum permissible height. you can install certain permanent improvement on the roof so long as they are set back out of the sight line from the street. First, it is important to read subsection k in its entirety and apply all of its provisions for their intended purposes. Subsection k commences with the following sentence: "Permanent rooftop amenities, such as built-in wet bars, built-in barbeque grills. cabinets, sinks, firepits, pools. hot tubs. etc. shall be permanently installed and shall meet the following height and setback requirements to qualify for a height exemption." (Emphasis provided.) The setback requirement is expressly related to obtaining a maximum building -height exemption." It is not generally applicable to setbacks on decks or even to rooftop decks where no height exemption is sought. Next. the Code Section in which subsection k is found. 26.575.020.F.4, is described in Ordinance No. 7, Series of 2014. as follows: "Miscellaneous Supplemental Regulations, Exceptions to Height, which section describes how to measure building heights ...." The section is clearly and expressly intended to address how building heights are measured, including setback requirements for height exceptions. The regulation only applies where a height exception is requested. This is bolstered by the fact the caption of the regulation at paragraph 1 of Section 8 to Ordinance No. 7, Series of 2014 (Attachment 2. page 9 of 15), of which subsection k is merely a subsection, is "Allowed Exceptions to Height Limitations." By the clear and express terms of the legislation. the setback requirements only apply to circumstances where the "rooftop amenity" would exceed the otherwise permissible building height. Otherwise, there is no requirement for a 10' setback. That setback is only required to "qualify for a height exemption." The Applicants do not seek a height exception (or exemption) in connection with the location of any penthouse deck amenities. Land Use Code Section 26.575.020.F.2 (Attachment 1. Page 24) contains a depiction of how height is to be measured when the wall of a building includes a parapet. The height of the building includes the parapet. Because the hot tubs and other amenities proposed for the penthouse deck are all below the level of the parapet wall 5 .. surrounding the deck. there is no issue of exceeding permissible height and a height exception is not requested. Furthermore, the height of the building is considered to be the top of the penthouse5 which is 12 feet above the level of the penthouse deck. Subsection d of Section 26.575.020.F.4. requires rooftop railings to be set back an amount equal to the height of the railing. This regulation was not applied at the time of development approval or in September of 2016 when the Condominium Map was approved by the City and recorded. Nor was it applied at the time of building permit approval or at final inspection and approval of the building as constructed. The PUD amendments each clearly permit the elevated parapet wall and elevated railing for the hot tubs adjacent to the building faGade, not set back 10 feet. When the Insubstantial PUD amendments were granted by the City in May and October of 2015. the elevated railings and hot tub locations were approved without reference to setbacks for "rooftop" amenities. Conclusion It is apparent that the City has never previously considered the penthouse deck a rooftop" deck. The penthouse unit was constructed and purchased based upon the approved Condominium Map. the PUD approval. the PUD amendments and building permit approvals granted by the City. The Applicants relied on these multiple approvals. five of which (three PUD amendments. final building approval and condominium approval) were granted after Ordinance No. 7. Series of 2014 was adopted. The proposed penthouse deck amenities cannot be seen from street level. The Applicants do not seek an exemption for building height. They simply seek to complete the finishes to the penthouse and deck as previously approved by the City. For the foregoing reasons, the Applicants respectfully request that the City of Aspen Community Development Director determine that the approvals for the subject real property allow the location ofthe amenities as depicted on Attachment 3. that the penthouse deck is not a rooftop deck and that Land Use Code Section 26.575.020.F.4.k is not applicable to this property. as no exception to maximum building height is requested. 6 .. ATTACHMENTS 1. Excerpts from Chapter 26.575 2. Ordinance No. 7, Series of 2014 3. Penthouse Deck Improvement Plan 4. Photos of North-East and South-East Elevations of Dancing Bear Residences 5. Ordinance No. 32, Series of2005 6. Planned Unit Development Agreement for the Chart House Planned Unit Development 7. Resolution No. 8, Series of 2014 8. Chart House Lodge (a/kja Dancing Bear Mountainside) Insubstantial Plan I Development Amendment, recorded May 22, 2015 9. Chart House Lodge (a/]da Dancing Bear Mountainside) Insubstantial Plan Development Amendment, recorded October 14, 2015 10. Amended and Restated Condominium Map of Dancing Bear Residences Aspen, Sheets 1 and 22 11. Certification of Ownership, along with Special Warranty Deed and Stateinent of Authority 12. Authorization Letter 13. Pre-Application Conference Summary 14. Homeowners Association Compliance Policy 15. Fee Agreement .. RECEIVED MAR 1 6 2017 CITY Or ASPEN COMMUNITY DEVELOP,ENT ATTACHMENT 1 Excerpts from Chapter 26.575 .. Chapter 26.575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS Sections: 26.575.010 General 26.575.020 Calculations and measurements 26.575.030 Public amenity 26.575.040 Reserved 26.575.045 Junkyards ancl service yards 26.575.050 Fence Materials 26.575.060 Driveways 26.575.070 Reserved j 26.575.080 Child care center 26.575.090 I loine occupations 26.575.100 Landscape maintenance 26.575.110 Building envelopes 26.575.120 Satellite dish antennas 26.575.130 Wireless telecommunication services facilities and equipment 26.575.140 Accessory uses and accessory structures 26.575,150 Outdoor lighting 26.575.160 Dot'initory 26.575.170 Fuel storage tanks 2 26.575.[80 Required access i 26.575.190 Farmers' market _ 26.575.200 Group homes 26.575.210 Lodge occupancy auditing 26.575.220 Vacation rentals 26.575.010 General Regulations specified in other Sections of this Title shall be subject to the following supplemental regulations. 26.575.020 Calculations and Measurements A. Purpose. This section sets forth methods for measuring floor area, height, setbacks, and other dimensional aspects of development and describes certain allowances, requirements ancl other prescriptions for a range of structural components, such as porches, balconies, garages, chimneys, mechanical equipment, projections into setbacks, etc. The definitions of the terms are set forth at Section 26.104.100 - Definitions. B. Limitations. The prescribed allowances and limitations, such as height, setbacks etc., of distinct structural components shall not be aggregated or combined iii a manner that supersedes the dimensional limitations ofan individual structural component. For exainple, ifa deck is permitted to be developed within five feet of a property boundary and a garage must be a minimum of ten feet from the same propeity boundary, a garage with a deck on top of it may not be developed any closer than ten feet from the property boundary or otherwise produce an aggregated structural component that extends j beyond the setback limit of a garage. City of Aspen Land Use Code Part 500 - Miscellaneous Regulations Page 1 .. to the Street. This restriction applies on all Street-facing facades of a parcel. (Also see Section 26.575.050 - Supplementary Regulations for limitations on felice materials.) q) Driveways not exceeding twenty-four (24) inches above or below finished grade within any setback of a yard facing a Street. Within all other required setbacks, finished grade of a driveway shall not exceed thirty (30) inches above or below finished gracie. r) Parking inay occur iii required setbacks if within an established driveway or parking area ancl the curb cut or vehicular access is from ati alleyway, if an alleyway abuts the property, or has otherwise been approved by the City. s) Non-permanent features which are not affixed to the ground such as movable patio furniture, outdoor seating or a picnic table, barbeque grills, children's play equipment, and similar non-permanent features which are not affixed to the ground. This exemption shall not allow storage sheds or containers. t) Wildlife-resistant Trash and Recycling enclosures located in residential zone districts shall be prohibited iii all yards facing a Street. These facilities may be placed within non-street facing yards if the enclosure is the mininium reasonably necessary in both height and footprint, is an unconditioned space not integrated with other structures on the property, ariel serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife. Wildlife-resistant trash and recycling enclosures located in commercial, mixed-use, or lodging zone districts are not exempt from setback requirements and shall comply with zone district requirements for Utility/Trash/Recycle areas. Temporary intermittent placement of trash ancl recycling containers in or along yards facing a Street is allowed. For example, on "trash day." Enclosures shall be located adjacent to the alley where an alley borders the property and shall not be located in a public right-of-way. Unless otherwise approved by the Historic ~ Preservation Commission, enclosures shall not abut or be attached to a historic structure. Enclosures may abut other non-historic structures. F. Measuring Bitilding Heights. 1, For properties in the Cominercial Core (CC), Commercial (C ]), Commercial Lodge (CL), Neighborhood Commercial (NC) and Service Commercial Industrial (SCI) Zone Districts, the ~ height of the building shall be the maximum distance between the ground and the highest point of the roof top, roof ridge, pat'apet, or top-most portion of the structure. See subsection 3, below, for measurement method. 2. Forpropertiesinallothet Zone Districts, tile height ofthe building shall be measured according ~ to the pitch of the roof as follows. See subsection 3, below, for measurement method. 4 Flat roofs or roofs with a pitch of less than 3.12. The height of a building with a roof pitch of less than 3:12 shall be measured from the ground to the top-most portion of the structure. City of Aspen Land Use Code Part 500 - Miscellaneous Regulations Page 23 .. Roof Pitch Parapet 3:12 orless wall Height of Height of buikling building f 4 t } 4 1 -1 Figure 18: Measuring height for tlat roofs or roofs with less than 3:12 pitch b) Roofs withapitch jiom 3:1210 7: 12. The height of a building with a roof pitch from 3:12 to 7: 12 shall be measured fioni the ground to the point of the roof vertically halfway between tile cave point and the ridge. There shall be no limit on the height of the ridge. Midpoint between eave pt. and ridge -eE--7 Ridge Eave Point Height 11' FiginÂ·e l 9: Measuring height for ioofs with pitch fron,3:12 to 7: 12 1 c) Roofs with a pilch greater than 7: 12. The height of a building with a roof pitch greater than 7: 12 shall be measured from the ground to the point of the roof vertically one-third ('h) of the distance up fi'om the cave point to the ridge. There shall be no limit on the height of the ; ridge. City of Aspen Land Use Code 1 1 Part 500 - Miscellaneous Regulations Page 24 .. 1/3,d point between - pc,ve .,1 :inri Q irlop \41 Ridge Have Point 1 ieight f f f Figure 20: Eave Point and Exterior Sheathing of a Roof For roofs with multiple pitches within one vertical plane, the height of the roof shal] be measured by drawing a line within a vertical section between the ridge anc[ the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above, d) For barrel-vault roofs, height shall be measured by drawing a line within a vertical section between the top-most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. e) For "shed" roofs with a single-pitch, the methodology for measuring shall be the same as described above according to the slope ofthe roofand by using the highest point of the roof as the ridge. f) For mansard roofs, height shall be measured to the flat roof as described above. g) Dormers shall be excluded from the calculation of height if the footprint ofthe dormer is 50% or less of the roof plane on which the dormer is located and the ridge of the dom=~ is not higher tlian the ridge of the roof on which it is located, If there are multiple dormers on one roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. h) Butterfly roofs shall be measured in accordance with shed roof rnethodology. 3. Height Measurement Method. In measuring a building for the conipliance with height restrictions, the meAsurement shall be the maximum distance measured vertically from the ground to the specified point of the building located above that point, as further described below: a) Measuring height along the perimeter of the building, At each location where the exterior perimeter of a building meets the ground, the measurement shall be taken from the lower of City o f Aspen Land Use Code Part 500 - Miscellaneous Regulations Page 25 .. natural or finished grade. Building permit plans must depict both natural and finished grades. b) Measuring height within the footprint of the building. For tlie purposes of measuring height within the fuotprint of a building, areas of the building within 15 horizontal feet of the building's perimeter shall be measured using the perimeter measurement, as described above. In all other areas. the natural grade of the site shall be projected lip to the allowable height and the height of the structure shall be measured using this projected topography. in instances where tile natural grade of a property has been affected by prior development activity, the Community Developinent Director may accept ati estimation of pre- development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre-development topography. If ticcessary, the Community Development Director may require an applicant docinnent natural grade, finished grade: gracie being used within the footprint of the building. ancl other relevant height limitation inforination that may need to be documented prior to construction. c) Measuring lo I he root -The high point ofthe measurement shall be taken from the surface of a structure's roof inclusive of the first layer of exterior shcathing or weatherprooting membrane but excluding exterior surface treatments such as shakes, shingles, or other veneer treatments or ornamentation. When measuring roofs to a point between the ridge and the eave point, the eave point shall be the point where the plane of a roof intersects the plane of the exterior wall. The roof and wall planes shall be of the nominal structure, excluding all exterior treatments. Eave Point 11 1 1 / 'x~ Exterior Sheathing Figure 21: Eave Point and Exterior Sheathing of a Roof 4. Allowed Exceptions to 1-leiuht Limitations. Cily o f Aspen Land Use Code Part 500 - Miscellaneous Regulations Page 26 #%-#&-ht- .. a) Chimneys, flues, and similarventing apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8: 12 or greater, these elements may not extend above the highest ridge of the structure by more than required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, mid shnilar functional devices or ornamental cio-dads shall be contained within the limitations of this height exception, On structures other than a single-family or duplex residential building or an accessory building, all Chinineys, flues, vents, and similar venting apparatus should be set back from any Street facing jagde of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b) Communications Equipment. Antennas, satellite dishes, and similar communications equipment ancl devices shall comply with the limitations of Section 26.575.130 - Wireless Telecommunication Services Facilities and Equipment. c) Elevator and Stair Enclosures. On structures other ilian a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing fa~ade of the building a minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d) Roofjop Railings. On any structure other than a single-family orduplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height ofthe bllilding at the point the railing connects. To qualify forthis exception, the railing must be the minimum reasonably necessary to provide adequate safely and building code compliance and the railing must be 50% or more transparent. All railings shall be set back from any Street facing facade of the building by an amount equal to the height ofthe railing. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and siinilar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. Tliis allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co-located to the greatest extent practicable. On structures other than a single-family or duplex residential building or an accessory building, all mechanical cquipment shall be set back from any Street facing 1*ade ofthe building a minimum of fifteen (15) feet. City of Aspen Land Use Code Part 500 - Miscellaneous Regulations Page 27 .. D Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at tlie point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing fagdc of the building a minimum of twenty (20) feet and the footprint of'the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. I'lie height and placement ofenergy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 - Special Review. (Also see setback requirements for these systems at sub-section E.5.) g) Church spires, bell towers and like architectural projections on Arts, Cultural and Civic buildings may extend over the height limit as may be approved pursuant to Commercial Design Review. h) Flag poles may extend over the specified maximum height limit. 0 Exceptions jor buildings on slopes.. For properties with a slope that declines by 10% or greater From the front lot line, the maximum height of a bltilding's front (street-facing) facade may extend horizontally for the first ten (10) feet of the building's depth. D Exceptions for lightwells und basement stainvells. A basement stairwell required by Building Code for egress shall not be counted towards maximum permissible height. On street facing facades the minimum size lightwell entirely recessed behind the vertical plane established by the portion of the building fa*ade(s) closest to any Street(s), and enclosed on all sides to within eighteen ( 18) inches of the first floor level (e.g. not a walk-out style light well) shall not be counted towards maximum permissible height. On non-street facing facades a lightwell that is no more than one hundred ( 100) square feet shall not be counted towards maximum permissible height. This exception does not apply to lightwells and stairwells that are located within a setback. The Historic Preservation Commission is authorized to grant an exception to height for lightwells larger than one hundred (100) square feet on historic landmark properties that contain a historic resource upon a finding that the following conditions are met: a. Lightwell is not easily visible from the right of way. b, Approval of the exemption supports the pieservation oftlie historic resource. k) Permancm Ron.Rop Amenities. Permanent rooftop amenities, such as built-in wet bars, built-in bart)celtic grills. cabinets. sinks. firepits, pools, hot tubs. etc. shall be permanently installed and shall meet the following height and setback requirements to qualify for a height exemption. This only applies to a mixed use, lodge, or commercial building located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Neighborhood City of Aspen Land Use Code Part 500 - Miscellaneous Regulations Page 28 .. Commercial (NO Zone District, or the Commercial Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet above height of the building at the point the equipment is attached to the roof. This allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height often (10) feet and a maximum floor area of no more than 5% of the useable deck area is permitted. All permanent rooftop amenities shall be set back from any Street facing fai:ade of tlie building by a minimum often (10) feet O Exceptions.for skylight cmd /ight tubes A skylight or light tube typica I of industry standards and meeting minimum Building Code standards shall not be counted towards maximum permissible height. G. Measuring Site coverage. Site coverage is typically expressed as a percentage. When calculating site coverage of a structure or building, the exlerior walls of the structure or building at ground level should be used. When measuring to the exterior walls, the measurement shall be taken from the exterior face of framing, exterior face of structural block, or similar exterior surface of the nominal stritctille excluding sheathing, vapor barrier, weatherproofing membrane, exterior-mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. Porches, roofs or balcony overhangs, cantilevered building elements and similar features extending directly over gracie shall be excluded from maximum allowable site coverage calculations. LI. Measurement of Demolition.The City Zoning Officer shall determine if a building is intended to be or has been demolished by applying the following process of calculation: At the request of the Zoning O fficer, the applicant shall prepare and submit a diagram showing the following: 1. The surface area of all existing (prior to commencing development) exterior wall assemblies above finished grade and all existing roof assemblies. Not counted iii the existing exterior surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.). 2. The exterior surface area, as described above, to be removed. Wall area or roof area being removed to accommodate new or relocated fenestration shall be counted as exterior surface area being removed. 3. The diagram shall depict each exterior wall and roof segment as a flat plane with an area tabulation. Exterior wall assembly and roofasseinbly shall constitute die exterior surface of that clement iii addition to the necessary subsurface components for its structural integrity, including such items as studs, joists, rafters etc. If a portion of a wall or roof structural capacity is to be removed. the associated exterior surface area shall be diagramined as being removed. If a portion ofa wall or roofinvoluntarily collapses, regardless of the developer's intent, that portion shall be calculated as removed. Recalculation may be necessary during the process of development and the Zoning Officer may require upclated calculations as a project progresses. Replacement of fenestration shall not be calculated as wall area to be removed. New,relocated or expanded fenestration shall be counted as wall area to be removed. City of Aspen Land Use Code Part 500 - Miscellaneous Regulations Page 29 .. ATTACHMENT 2 Ordinance No. 7, Series of 2014 .. ORDINANCE No. 7 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.575 - MISCELLANEOUS SUPPLEMENTAL REGULATIONS, CHAPTER 26.104.100 - DEFINITIONS, AND CHAPTER 26.314 - NONCONFORMITIES OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen ! Land Use Code, the City Council of the City of Aspen directed the Community Development I Department to prepare amendments to the Miscellaneous Supplemental Regulations Chapter I ofthe Land Use Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach regarding the code amendment; and, WHEREAS, pursuant to Section 26,310.020(B)(2), during a duly noticed public hearing on February 10, 2014, the City Council approved Resolution No.10, Series of 2014, requesting code amendments to the Miscellaneous Supplemental Regulations Chapter of the I.and Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.575 - Miscellaneous Supplemental Regulations, 26.104.100 - Definitions, 26.314 - Nonconformities; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furlhers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.575020.D.3 - Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area of attic spaces and crawl spaces, shall read as follows: Attic Space and Crawl Space. Unfinished and uninhabitable space between the ceiling joists and roof raftcrs of a structure or between the ground and floor framing which is Code Amendinent - Misc. Calculations & Measureinents Ordinance 7, Series of 2014 4/28/ I 4 Page I of 15 .. accessible only as a matter of necessity is exempt from the calculation of Floor Area as described below, Drop ceilings are not included in the height measuremenl for crawl spaces. Crawl spaces that meet the following are exempt from Floor Area calculations: 1. 5 feet 6 inches or less in height measured between the hard floor structure and floor framing; and 2, Accessible only tiuough an interior floor hatch, exterior access panel, or similar feature; and 3. Are the minimum height and size reasonably necessary for the mechanical equipment, Stacked crawl spaces do not qualify for the Floor Area exemption. Crawl spaces greater than 5 feet 6 inches iii height count toward Floor Area in accordance with Sectibn 26.575,020.D,8 Subgrade m'eas, Attic space that is conveniently accessible and is either habitable or can be made i habitable shall be counted in the calculation of Floor Area. Areas of an attic level with thirty (30) vertical inches or less between the finished floor , level and the finished ceiling shall be exempt, regardless of how that space is accessed or used. If any portion of the attic or crawl space of a structure is to be counted, then the entire : room shall be included in the calculation of Floor Area. 3 Examples of attic and crawl spaces that do and do not count toward Floor Area: a) An attic area created above a "hung" or "false" ceiling is exempt. b) A crawl space that is 6 feet in height that is accessible only through an interior hatch 6 counts, c) An attic area accessible only through an interior pull-down access ladder is exempt, d) An unfinished attic space or an unfinished crawl space over 4 feet in height which has i convenient access is counted, e) A crawl space that is 5 feet 6 inches in height, is accessible only through an interior 2 hatch and is a reasonable size to accommodate the mechanical equipment is exempt, Section 2: Chapter 26,575020.D.4 - Miscellaneous Supplemental Regulations, Measuring Floor ) Area, which section describes how to measure floor area for decks and similar features, shall : read as follows: 4. Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairwavs. and non-Street-facing porches, The calculation of the Floor Area of a building or a portion thereof shall not : include decks, balconies, trellis, exterior stairways, non-Street facing porches, gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) 1 Code Amendment - Misc. Calculations & Measurements ' Ordinance 7, Series of 2014 4/28/14 Page 2 0 f 15 .. of the allowable floor area for the property and the use and density proposed, or as otherwise exempted by this Section. If the area of these features exceeds fifteen percent (15%) of the propeity's allowable Floor Area (for that use and density proposed) only the areas in excess of tile fifteen percent (15%) shall be attributed towards the allowable Floor Area for the property. The allowable Floor Area for the purpose of this calculation refers to the Floor Area calculation based on the Net Lot Area, hs defined in this chapter or as prescribed by a site specific approval, with the following exceptions: Floor Area bonus, or established or extinguished Transferrable Development Right certificates are not included, Decks, balconies, exterior stairways, trellis, and similar features of a mixed use, commercial, or lodge building located within the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Neighborhood Commercial (NC) Zone District, the Lodge (L) Zone District, or the Commercial Lodge (CL) Zone District shall be exempt from Floor Area calculations. The area of the following features count toward deck calculation: railing, permanently fixed seating, permanently fixed grills, and similar permanently fixed features. Permanent planter boxes and green roofs that are a minimum of 30" in height above or below the deck surface, measured from the deck surface to the bottom of the planter box or green roof surface, and that are permanently built into the structure of the roo f or deck are not included in the deck calculation. Permanent planter boxes and green roofs that do not meet the minimum requirement count toward deck calculation, Unenclosed areas beneath decks, balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioncd areas beneath porchcs, gazebos, and decks or batconies when those elements have a finished floor level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used, Section 3: Chapter 26.575020.D,6 - Miscellaneous Supplemental Regulations, Measuring Floor . Area, which section describes how to measure floor area for patios and landscape terraces, shall read as follows: 6. Patios. Patios developed at or within six inches of finished grade shall not be counted towards Floor Area. These features may be covered by .roof overhangs or similar architectural projections of up to four feet, as measured from the face of the building, and remain exempt from Floor Area calculations. When roof overhangs or similar architectural projections exceed four feet, the entire feature counts toward Floor Area. Section 4: Chapter 26.575020,D,8 - Miscellaneous Supplemehtal Regulations, Measuring Floor Area, which section describes how to measure floor area for subgrade areas, shall read as follows: 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade, Code Amendment - Misc. Calculations & Measurements Ordinance 7, Series of2014 4/28/14 Page 3 of 15 .. The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area, ifff;f,53'32, i - /44461. 1144 1 . 4' 5 i Window Well .-43, r-,1--Pr'77*1.- ---- -,-- - . ----Il,---, â€žS,---7 4 . ' Exposed -El â€ž Percentage of exterior wall thal's exposed equals - the amount of subgrade area that will count Area below more restrictive grade -El towards floor area calculation Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. Floor structure does not include drop ceilings. Code Amendment - Misc. Calculations & Measurements Ordinance 7, Series of20]4 4/28/ ] 4 Page 4 of ] 5 .. Floot Structult Ate. ef wall to 5/ used foc subg,â€¢di calÂ¢u]~tion Foundation and Floot Struclu,t Foundation Footor IL-=11 Figure 5: Moasuting tho Area of a Subgrado Wall When considering multi-level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling ofeither space. When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall 4/- j f: to , Iff' ----14 -~~'--- '* - ---35-2==:iuzzr==~--- A Wii-W-Q J.-===I-- -C Stairs -- Space A and B are on the same level, while Space A and C are on different levels. Figure 6: Determining different building levels area shall include the area within the gable of the roof, Code Amendment - Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/14 Page 5 0 f 15 .. Area counts towards wall calculation --- t,1 - 1 1 Figure 7: Pitched roof with subgrade calculation For garages that are part of a subgrade area, the garage exemption is taken from the total gross below-grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: Garage exemption - the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet = 300 square feet of the garage which is exempt, Subgrade exemption - 2,000 gross square feet minus 300 square fect of exempt garage space = 1,700 gross square feet multiplied by 40% = 680 square feel of that level which counts towards allowable Floor Area, For subgrade spaces with adjoining crawl spaces exempt pursuant to Section 26.575,020.D.3, a line is drawn to separate the basement space from the crawl space for the purposes of calculating the perimeter and gross area measurements, Exempt crawl space is not included in the perimeter, wall area, and floor area measurements, Section 5: Chapter 26.575020.D.14 - Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure and calculate floor area for nonunit space, , shall read as follows; Allocation of Non-unit Space in a mixed-use building. In order to determine the total floor area of individual uses in a mixed-use building, the floor area for non-unit space, which is common to all uses on the property, shall be allocated on a proportionate basis to the use categories outlined in the subject zone district's FAR schedule, To determine the non-unit space allocation in a building, a calculation of the building's gross floor area, which refers to the floor area of a building as calculated according to the Land Use Code plus subgrade levels, .is required. The building's gross floor area, minus all non-unit space, shall be divided proportionalely amongst the individual use categories in a Code Amendment - Misc. Calculations & Measurements Ordinance 7, Series of2014 4/28/14 Page 6 of 15 .. building. These numbers shall then be calculated as a percent of the gross floor area number. Garages, including subgrade garages, and carports in mixed use buildings that contain residential units are considered non-unit space. When a feature is used exclusively by one use, the space shall be Attributed to the floor area for that use. Gross floor area calculation: For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area (including 500 sq, ft, basement) + 4,000 sq. ft, fee-market residential floor area + 2,000 sq. A, affordable housing floor area + 1,000 sq. ft. nonunit floor area (1,250 sq. ft.- 250 sq. A. for exempt garage) = 9,000 sq, ft. gross floor area Percentage of use category per building floor area: Then the total unit floor area in the building, not including non-unit space, would be eight thousand (8,000) square feet floor area (9,000 - 1,000). Using the allocation of . non-unit space standard, the uses account for the following percentages of the total unit floor area: Commercial floor area = 25% [(2,000/8,000) * 100] Free-market residential floor area = 50% [(4,000/8,000) * 100] Affordable housing floor area = 25% t(2,000/8,000) * 100] Application of use percentages to non-unit floor area: A proportionate share of the non-unit floor area shall then be allocated towards each use category, Floor area exemptions that apply to non-unit space, for example a garage or top level of a shared stairway tower, are deducted from the total non-unit floor area before allocating to each use category, Subgrade levels that do not count toward floor area shall not be included in the use category total when calculating floor area. This provision shall apply to all zone districts permitting mixed-use buildings. Therefore, the one thousand (1,000) square feet of non-unit space is allocated to the different uses as follows: Commercial floor area = 25% x 1,000 sq. ft. = 250 sq, ft, Free-market residentiai floor area = 50% x 1,000 sq, ft. = 500 sq. ft, Affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq, ft, The floor area for each use is as follows: Code Amendment - Misc. Calculations & Measurements Ordinance 7, Series of2014 4/28/14 Page 7 of 15 .. Commercial floor area: 1,500 sq. ft. (2,000 sq. A, total minus 500 sq. ft. exempt basement) + 250 sq, ft, = 1,750 sq, ft. Free market residential floor area: 4,000 sq, ft. + 500 sq, ft. = 4,500 sq. ft, Affordable housing floor area: 2,000 sq, ft. + 250 sq, ft. = 2,250 sq, ft. Examples: 1, Circulation features, for example hallways, that are shared (used by multiple uses) are considered non-unit space. 2, A shared elevator that serves all levels of a mixed use building (even if the top level terminates within a residential unit) is considered non-unit space. 3. Circulation that is specific to a use, for example a private elevator that only serves the residential component (i.e. it does NOT provide access to commercial levels), is allocated to the floor area of the specific use and is not considered non-unit space. 4. A stairway that is interior to a single unit, which for example connects a two level commercial space, counts toward commercial floor area. Section 6: Chapter 26.575020,E,5 - Miscellaneous Supplemental Regulations, Allowed Projections into Setbacks, which section describes what features are permitted to extend into a setback, shall read as follows: 5. Allowed Proiections into Setbacks, Setback areas shall be unobstructed above and below ground except for the following allowed projections: a) Above or below ground utilities including transformers and vaults, below-grade heating or cooling conduit or infrastructure such as a ground-source heat pump system, below-grade dry wells or other at-grade or below-grade drainage infrastructure. b) Trees and vegetation. c) Artwork, sculpture, seasonal displays, d) Flagpoles, mailboxes, address markers, e) Foundation footers, soil nails or below-grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. f) The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent tlues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider. g) Building eaves, bay windows, window silk and similar architectural projections up to eighteen (18) inches as measured from the setback boundary, Code Amendment- Misc, Calculations & Measurements Ordinance 7, Series of 2014 4/28/14 Page 8 of 15 .. Section 7: Chapter 26.575020.F.2.- Miscellaneous Supplemental Regulations, Measuring Building Heights, which section describes how to measure building heights shall read as follows: 2. For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. Sce subsection 3, below, for measurement method. 4 Flat roofs or roofs with a pitch ofiess than 3:12. The height ofa building with a roof pitch of less than 3:12 shall be measured from the ground to the top-most portion of the structure, b) Roofswithapitch#om 3:12 10 7:12. The height of a building with a roofpitch from 3:12 to 7:12 shall be measured from the ground to the point of the roof vertically halfway between the eave point and the ridge. There shall be no limit on the height of the ridge. c) Roofs with a pitch greater than 7: /2. The height of a building with a roof pitch : greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third (16) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. For roofs with multiple pitches within one vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and {he Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. d) For barrel-vault roofs, height shall be measured by drawing a line within a vertical section between the top-most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. c) For "shed" roofs with a single-pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest ~ point of the roof as the ridge. f) For mansard roofs, height shall be measured to the flat roof as described above. g) Dormers shall be excluded from the calculation of height if the footprint of the dormer is 50% or less of the roof plane on which the dot'mer is located and the ridge of the dormer is not higher than the ridge of the roof on which it is located. If there are multiple dormers on one roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. h) Butterfly roo fs shall be measured in accordance with shed roof methodology, Section 8: Chapter 26.575020.F.4 - Miscellaneous Supplemental Regulations, Allowed Exceptions to Height, which section describes how to measure building heights shall react as follows: 1. Allowed Exceptions to Height Limitations. Code Amendment - Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/14 Page 9 of 15 .. a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than len (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do-dads shall be contained within the limitations of this height exception. On structures other than a single-family or duplex residential building or ati accessory building, all Chimneys, flues, vents, and similar venting apparatus should be set back from any Street facing favade of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b) Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with the limitations of Section 26.575.130 - Wireless Telecommunication Services Facilities and Equipment. c) Elevator and Slair Enclosures. On structures other than a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and slair enclosures may extend up to ten ( 10) feet above the specified maximum height limit if set back from any Street facing faQade of the building a minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d) Roofop Railings. On any structure other than a single-family or duplex residential building, rooftop railings and similar safely devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception, the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. All railings shall be set back from any Street facing facadc of the building by an amount equal to the height of the railing. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co-located to the greatest extent practicable. On slructures other than a single-family or duplex Code Amendment - Misc. Calculations & Measurements Ordinance 7, Series of20 I4 4/28/14 Page 10 of 15 .. residential building or an accessory building, all mechanical equipment shall be set back from any Street facing faQade ofthe building a minimum of fifteen (15) feet, D Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at the point the equipment is attached, On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing faQade of the building a minimum of twenty (20) feet and the footprint of the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. The height and placement of energy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 - Special Review. Also see setback requirements for these systems at sub-section E.5.) g) Church spires, bell towers and like architectural projections on Arts, Cultural and Civic buildings may extend over the height limit as may be approved pursuant to Commercial Design Review. 10 Flag poles may extend over the specified maximum height limit, 0 Exceptions for buildings on slopes. For properties with a slope that declines from the front lot line, the maximum height of a building's front (street-facing) facade may extend horizontally for the first thirty (30) fuet of the building's depth. j) Exceptions for light wells and basement stainvells. A basement stairwell required by Building Code for egress shall not be counted towards maximum permissible height. On street facing facades the minimum size lightwell entirely recessed behind the vertical plane established by the portion of the building favade(s) closest to any Street(s), and enclosed on all sides to within eighteen (18) inches of the first jloor level (e,g, not a walk-out style light well) shall not be counted towards maximum peimissible height, On non-street facing facades a lightwell that is no more than one ; hundred (100) square feet shall not be counted towards maximum permissible height, ' The Historic Preservation Commission is authorized to grant an exception to height for lightwells larger than one hundred (100) square feet on historic landmark : properties that contain a historic resource upon a finding that the following conditions are met: a. Lightwell is not easily visible from the right of way. b. Approval of the dxemption supports the preservation ofthe historic resource, Code Amendment - Misc. Calculations & Measurements Ordinance 7, Series of2014 4/28/14 Pagell of 15 .. k) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built-in wet bars, built-in barbeque grills, cabinets, sinks, firepits, pools, hot tubs, etc, shall be permanently installed and shall meet the following height and setback requirements to qualify for a height exemption. This only applies to a mixed use, lodge, or commercial building located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C- 1) Zone District, the Lodge (L) Zone District, the Neighborhood Commercial (NC) Zone District, or the Commercial Lodge (CL) Zone District, Permanent rooftop amenities may extend up to five (5) feet above height of the building at the point the equipment is attached to the roof. This allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height of ten (10) feet and a maximum floor area of no more than 5% of the useable deck area is permitted. All permanent rooftop amenities sha] I be set back from any Street facing favade of the building by a minimum often (10) feet. 1) Exceptions for skylight and light tubes A skylight or light tube typical of industry standards and meeting minimum Building Code standards shall not be counted towards inaximum permissible height. Section 9: Chapter 26.575020.I and J - Miscellaneous Supplemental Regulations, Measurement of Net Leasable Commercial Space and Measurement of Net Livable Area, which sections describes how to measure net leasable commercial space and how to measure net livable area, shall read as follows: I. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable area and net livable area shall include all interior space of a building measured from interior wall to interior wall, including interior partitions. Net leasable area includes all interior areas wllich can be leased to an individual tenant with the exceptions noted below. Net livable area includes those areas of a building that are used or intended to be used for habitation with the exceptions noted below. Garages and carports are exempt from net leasable area and net livable area calculations. 1, Permanently installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of 100 square fcet. Seasonal airlocks of more than 10 square feet, installed on the exterior of a building, shall be considered net leasable area and shall bc subject to all requirements of the Land Use Code, including employee mitigation, prorated according to the portion ofthe year in which it is installed. 2. Unless specifically exempted through other provisions of this Title, outdoor displays, outdoor vending, and similar commercial activities located outside (not within a building) shall also be included in the calculation of net leasable area. The calculation of such area shall be the maximum footprint of the display or vending apparatus. For vending carts or similar commercial activities requiring an attendant, the calculation shall also include a reasonable amount of space for the attendant. Exterior decks and exterior seating are not included in the calculation of net leasable area. Vending machines shall not be considered net leasable area. Code Amendment - Misc. Calculations & Measurements Ordinance 7, Series of 20 M 4/28/14 Page 12 of 15 .. The calculation of net leaseble area and net livable area shall exclude areas of a building that are integral to the basic physical function of the building. All other areas are attributed to the measurement of net leasable commercial space or net livable area, When calculating interior stairways or elevators, the top most interior level served by the stairway or elevator is exempt from net livable or net leasable area calculations, Shared areas that count toward net leasab]e area and net livable area shall be allocated on a proportionate basis of the use category using the percentages that are generated pursuant to Section 26.575.020.D.14 Allocation of non-unit space in a mixed use building. Examples: I, A broom closet of a minimum size to reasonably accommodate the storage ofjanitorial supplies for the entire building is considered integral to the physical function of the building and does not count toward net leasable area. 2. A shared commercial storage area that is larger than needed for the basic functionality of the building counts toward net leasable area because it is useable by the businesses. 3. A shared stairway and a shared circulation corridor (that access more than one use) are integral to the physical function of the building and do not count in the measurement ofnet livable area or net leasable area, 4. A stairway that is entirely within one residential unit counts toward the measurement of net livable area. 5. A private elevator that serves more than one residential unit, and does not provide access to other uses, does not count toward the measurement of net livable area. 6. A private elevator that serves only one residential unit, and does not provide access to other uses, counts toward the measurement of net livable area. 7, A shared mechanical room that is larger than the minimum space required to : reasonably accommodate the mechanical equipment counts toward the measurement of net livable area or net leasable area as applicable. The area of the mechanical room that is the minimum size required for the mechanical equipment does not count in net livable area or net leasable area. Section 10: Chapter 26.575.050 - Miscellaneous Supplemental Regulations, Fences, which sections describes regulations for fences, shall read as follows: 26.575,050 Fence Materials Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards (see Chapter 26.410), Historic Preservation Design Guidelines (see Chapter 26.415), the Commercial Design Standards (see Chapter 26.412), Calculations and Measurements - setbacks (see Chapter 26.575,020.5), or tile Engineering Design Standards (see landscaping), Fences visible from the Code Amendment - Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/14 Page 13 of ]5 .. public right-of-way shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or masonry, Chain link, plastic, vinyl or synthetic fences are prohibited, Section 11: Chapter 26.575.060 Reserved, shall be changed to Driveways, and shall read as folloWs: 26.575.060 Driveways Driveways are not permitted to be gated, Section 12: Chapter 26.104,100 -Definitions, which sections defines specific terms in the Land Use Code, shall add a definition pf "trellis" and add a definition of "gross floor- area"tand shall omit "landscape terrace" as a definition, and shall change the definition of "patio", "non-unit space, and "net leasable commercial space" as follows: 1, Trcllis. An uninsulated, unheated stand-alone structure of open Iatticework for the purpose of supporting vines or other climbing plants. A roof that is no more than 50% solid material for shade is permitted, Walls of any material are prohibited, Gross floor area. For the purposes of calculating non-unit space, gross floor area is the total floor area considering all inclusions and exclusions as calculated herein plus gross area of all subgrade levels measured from interior wall to interior wall. Net leasable area. Areas within a commercial or mixed use building which are permitted to be leased to a tenant and occupied for commercial or office purposes. This also includes commercial areas within a lodge that are open to the general public. (Also see Section 26.575.020 - Calculations and Measurements.) Non-unit space, The floor area, considering all inclusions and exclusions as calculated herein, within a lodge, hotel or mixed use building that is commonly shared. (Also see Section 26.575,020 - Calculations and Measurements.) Patio. An outdoor uncovered, at-grade space which may be paved or unpaved. (A "covered patio" not connected to any other building is considered a Gazebo.) Commercial use. Land, structure, or portion of a structure intended to support offices, retail, warehousing, manufacturing, commercial recreation, restaurant/bar or service oriented businesses, not including lodge units or hotel units, Section 13: Chapter 26,312.020 - Nonconformities, which section explains prohibited changes to nonconforming uses, shall be changed to specific the following: C. Extensions/expansions, Nonconforming uses shall not be extended or expanded. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming use by increasing the net leasable area, the net livable area of a dwelling unit, or the area within a structure in which such nonconforming use is located; or Code Amendment - Misc. Calculations & Measurements Ordinance 7, Series of20]4 4/28/14 Page 14 of 15 .. 2, Occupancy of additional lands; or, 3, Increasing the size, considering all dimensions, of a structure in which a nonconforming use is located. Section 14: Effect Upon Existing Litigation. rhis ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repeated or amended as herein provided, and the same shall be conducted and concluded under such prior oidinances, Section 15: Sevcrability, If any section, subsettion, Sentende, clause, phrase, or portion of this-ordinance is for any-reason held invalid or unconstitutional in a court ofcompetent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 16: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 17: A public hearing on this ordinance was held on the 28'h day of April, 2014 at a meeting of the Aspen City Council commencing at 5:00 p.m. ill the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 10ul day of March, 2014, Attes: 4ikkaL.Olu.j . 40% :c kathryn S.~pch, City Clerk StevenÂ®kadro~ Mayor tli FINALLY, adopted, passed and approved this 28 day of April, 2014. -1 Attest: /3 -u--Ah LIU/10Â·ut 1-1 # 4#0Â« *athryn S. 1 0 City Clerk Steven Skadr~n, Mayor Approved as to form: ~~32ify Attorney Code Amendment - Misc, Calculations & Measurements Ordinance 7, Series of20]4 4/28/14 Page (5 of 15 .. ATTACHMENT 3 Penthouse Deck Improvement Plan 9., , 3 8. : . I ... O'BRYAN PARTNERSHIP, INC. 1 /4. 1 Â¥ 8-/ 1 Â· 1 ARO,rrICT3 - Al.A ~ LZE== 1 ARCHITECTURE 1.2. .'7' ..V ~Â· PLANNING Il... rA,-_-4-Ek--Â»___1_=--\ INTER,016 1 ./ki--7- - .4 2- 1 1 /14 '.3,~ 620 ht'In k./.... M I 01 ...73 *8216 : 3 . Â£ 1>1-- T-: =-M .---ek.C.1, --1 --1% -44=i--takfid/a : 3 I f 0Â·- 1937Â· ' I Â·Â·Lt- 131- -t i ./ L' Â®EFE -*aiRI I le /1 I $ 71 I -- tt .:. t... 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ATTACHMENT 5 Ordinance No. 32, Series of 2005 .. 516050 1111111111 li 111-11-lill' 1111111111 1 10/11/2005 11:15 Page: 1 of 10 SIL\.,A DAVIS PITK-4 CCUâ€ž'Y CO R 51.00 D 0.00 ORDINANCE NO. 32 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE CHART HOUSE LODGE FINAL PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING SUBDIVISION, TIMESHARE, MOUNTAIN VIEW PLANE, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION (GMQS) FOR AFFORDABLE HOUSING ON THE PROPERTY DESCRIBED AS LOTS 6-9, BLOCK 3, OF THE EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2735-182-19-002 WHEREAS, the Community Development Department received an application fi-oin LCH, LLC represented by Stan Clauson Associates, LLC, requesting approval of a Final Planned Unit Development including Subdivision, Timeshare, Mountain View Plane, and Growth Management Quota System Exemptions (GMQS) for Affordable Housing on the property described as Lots 6-9, Block 3, of the Eames Addition to the City and Townsite of Aspen; and, WHEREAS, pursuant to the Land Use Code Section 26.445, Planned Unit Development; Section 26.445, Growth Management Quota System; Section 26.480, Subdivision; Section 26.590, Timeshare; and Section 26.435, Mountain View Plane, the City Council may approve, approve with conditions, or deny the land use requests made by the applicant during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the subject property is approximately 12,000 square feet in size, and is located in the Lodge Zone District where lodging is permitted with appropriate approvals; and, WHEREAS, the Chart House Lodge was granted approval for eleven (11) Growth Management Allotments pursuant to Aspen City Council Ordinance No. 36, Series of 2004; and WHEREAS, during duly noticed public hearings on June 7 and June 21, 2005, the Planning and Zoning Commission opened the hearings, took public testimony, considered pertinent recommendations and adopted Resolution No. 21, Series of 2005 recommending approval of the development proposal to the City Council; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has 1 taken public testimony and heard the recommendations of the Planning and Zoning Commission, Community Development Director and referral agencies of the City of Aspen; and, Chart House Final PUD Ordinance No. 32, Series of 2005 Page 1 V .. 516050 -11--'ll lili 1111-1 12-1 1Illul lili lili 10/11/2005 11:152 Page: 2 of 10 SiL\CA DAVIS FLIKI,1 COL..TY CÂ·J R 51.00 D 0.00 WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL OF fHE CITY OF ASPEN, COLORADO as follows: Section 1: Approval of the Development Plans Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves the Chart House Lodge Final PUD, which includes application for PUD, Subdivision (condominiumization), Timeshare, Mountain View Plane, and Growth Management Quota System Exemptions (GMQS) for Affordable Housing for the development of a timeshare lodge consisting of eleven (11) lodging units and two (2) affordable housing units (consisting of two, 2-bedroom units), subject to the following conditions: 1. A PUD/Subdivision Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445,070(C). 2. A Final PUT)/Subdivision Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals, b. An illustrative site plan of the project showing the proposed improvements, landscaping (including all plantings, species, numbers, and locations), parking, and the dimensional requirements as approved. c, A drawing representing the project' s architectural character. 3. Prior to applying for a building permit, the applicant shall record the PUD Agreement and the Final PUD Plans, as specified above, with the Pitkin County Clerk and Recorder, Section 2: Dimensional Approvals The following dimensional requirements of the PUD are approved and shall be printed on the Final PUD Plan: Chart House Final PUD Ordinance No. 32, Series of 2005 Page 2 111 11 li lili 11 1 1111111 lill i 11 10/11/2005 11:15; 516050 Page: 3 of 10 SILVIA [AVIS PI CKIN CC'.N-Y CO R 51.00 D 0.00 7 "'1| 0'41"'ll< Ili,1,1,4 '14,1 . 1 L' 4 161 lili(1114111~11111 1 11~1~ 111114 11 affordable housing units) No requirement u , p.|I 44 One timeshare lodge (11 lodge units/21 keys and 2 120 feet 10 feet 0-East side 15 West side, access way to AH units projects 5 1'#CMÂ¥i'/23<NURM*94 NTmffll ~11~*91Â§#614â‚¬4k C pi ?1 4- 111* 1111411'11 11,111 j' L feet from building 4 foot No Requirement ~ 1 Y I044Fj#Vv'41 46'6" feet No Requirement 19 Percent 2.49: 1 @911;111'1':Ilil#IldM~iii;i~i~A.~MI'lillium*44#,4AA'la 27 spaces, 2 of which are designated for employee units =,16]nill Section 3: Building Permit Submittal The following conditions are applicable to this approval. 1. The building permit application shall include the following: a. A copy ofthe final recorded ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. 1 d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. e. A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. g. A detailed kitchen plan for approval by the City Environmental Health Department. h. A study performed by a Colorado Licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets along with a soil stabilization plan. i. A 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 Chart House Final PUD Ordinance No. 32, Series of 2005 Page 3 0 0 I lilli lili- lili 11111111111111111111-1 = . SlLV.A DAVIS Pt-KIN C0UN1 / CO R 51.00 D 0.00 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. 2. Prior to issuance o f a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood, b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap ali(For Parks Impact fce is finalized, those fees shall be payable according to the agreement. 3. The Applicant shall complete (prior to any demolition) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until submittal of this report, If there is a finding of no asbestos, the demolition can proceed, If asbestos is present, a licensed asbestos removal contractor must remove it. Section 4: Utility and Service Conditions of Approval The following conditions are applicable to this approval, 1. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 2. The Applicant shall provide the Water Department with a detailed plan for relocating the fire hydrant that demonstrates that the water mains will be shut down during the relocation of the hydrant. This plan shall be approved by the Water Department prior to relocation of the hydrant. 3. The Applicant shall comply with the Aspen Consolidated Sanitation District' s rules and regulations. When a new sewer line is installed, the existing service must be disconnected at the main sewer line at Aspen Street. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. 4. The Applicant shall install an oil and grease separator in the restaurant/bar that meets the Aspen Consolidated Sanitation District's regulations. The applicant shall also install an oil and sand separator for the indoor parking facilities. 5, The Applicant shall execute a shared sewer service line agreement prior to recordation of the PUD Plat and agreement. Chart House Final PUD Ordinance No, 32, Series of2005 Page 4 .. 111'll -1 lilli-1 1- 11 --1111111111111111 10/11/2005 11:15 516050 Page. 5 of 10 :ILVIA D.-.VIS FIrKI, Â· CE...TY C) R 51.00 D 0.00 6. The Applicant shall install an adequate fire alarm system throughout the structure as determined by the Fire Marshal, The Applicant shall also install a fire sprinkler system and fire extinguishers that meet the requirements of the Fire Marshal. In addition, the water service connection to the sprinklers must provide an adequate flow of water to eliminate the need for a fire pump. The Applicant shall also install standpipes within the stairwells. Section 5: EnEineering Requirements and Conditions: The following conditions are applicable to this approval. 1. The Applicant and contractors are hereby notified that there will be no construction material or dumpsters stored on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. 2. The Applicant shall submit a construction management plan as part ofthe building permit application, and the management plans shall include a noise, dust control, and construction traffic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and b, Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area. 3. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 4. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer and City Water Department Director for excavation in the public right-of-way, The Applicant shall also schedule the abandonment of the existing water tap prior to requesting a new water tap. 5. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. 6. The Applicant and the City agree that, at the owner's expense, the City shall sign two (2) of the public parking spaces that are accessed off of Monarch Street as thirty (30) minute parking for use by guests for the purpose of checking in. 7. The Applicant shall install two (2) ADA accessible sidewalk ramps. One ramp shall be constructed from the sidewalk onto Monarch Street and the other ramp shall be constructed from the sidewalk onto Durant Avenue. The applicant shall install sidewalk, curb, and gutter that meet the City Chart House Final PUD Ordinance No. 32, Series of 2005 Page 5 .. 111111 - 11111111111111111It 11 ill lilli 11111 10/11/2005 11:15f 516050 Page: 6 of 10 SILVIA DAF,S FITKIN CCJNTY CO R 51,00 D 0.00 Engineer's required specifications along Monarch Street and Durant Avenue prior to issuance of a Certificate of Occupancy, Section 6: Construction Management Plan The intent of this condition is to ensure that the developers of major building projects that are occurring simultaneously in and around downtown Aspen work together to limit the cumulative impacts of construction to the greatest extent possible. A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction manageinent plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with othor neighboring developments under construction to limit the impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of-ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required for use of the City's right-of-way for construction purposes. Section 7: Lii:htint All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. Section 8: Environmental Health The following conditions are applicable to this approval. 1, The Applicant shall obtain a Colorado Retail Food Establishment License prior to the serving of food that has been prepared on-site. The Appljcant shall also obtain a liquor license prior to serving alcoholic beverages. 2. A bear-proof dumpster or a dumpster that is fully enclosed behind doors that meets with the standards of the.City of Aspen Wildlife Ordinance shall be located on-site. Chart House Final PUD Ordinance No. 32, Series o f 2005 Page 6 .. 516050 li-111 -I i 11 Ill 11 1 1111 -11 Ill Illil lili ll] 10/11/2005 11 : 152 Page: 7 of 10 SILVIA [AVIS PITKIN COL,.TY 03 R 51.00 D 0.00 3. The Applicant sliall submit a final PM-10 mitigation plan to the Environmental Health Department for approval prior to issuance of a building permit. The mitigation plan shall include all of the mitigation measures that were proposed in the application. Section 9: Landscaping Improvements All landscaping in the public right-of-way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of-Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. The Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements iii the public right-of-way. Should any street trees along Durrant Avenue that are located on the boundary of the Chart House Lodge project fail, as determined by the Parks Department, wimin 2 years after issuance of Certificate of Occupancy, then the developer shall be responsible for the replacement of said trees. Such tree replacement shall be with trees of a caliper of 6 to 8 inches in size and of a species approved by the Parks Department. The flower box and landscape pottings located on and in front of the building as shown on the representations contained within the Final PUD application dated March 31, 2005, shall be substantially implemented as part of this approval. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved or at other points associated with the limit of the foundation as approved by the Parks Department. a. The Parks Department must inspect and approve o f the fence location before any construction activities commence. b, No excavation, storage of materials, storage o f construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. Section 10: Public Restaurant The restaurant within the Chart House Lodge project shall be and remain open to the general public. Conversion of the restaurant to private facility shall require a substantial PUD Amendment in accordance with the City of Aspen Land Use Code. This provision shall not prohibit occasional private events, as normally associated with restaurants. Section 11: Timeshare The following conditions are applicable to this approval. 1. Each owner of an estate shall have an undivided interest in the common areas (patio, storage, other) within the facility, 2. All unsold timeshare units that are not used by the applicant for exchange, marketing, or promotional purposes shall be rn.ade available for short-term rent until purchased. Owners must make reservations for "short-notice, Chart House Final PUD Ordinance No. 32, Series of 2005 Page 7 t .. 516050 1-11~111! 111111 lull 1- 1. lillillill'lli 1 10/11/2005 11:151 Page: 8 of 10 SILVIA DAVIS PILK IN Â·_ CLâ€ž- / C) R 51.00 D 0-00 space-available" time no less than 30 days prior to the time of use and the unit space shall be available to the general public during that time. These conditions shall be included in the Timeshare Documents, PUD and Subdivision Agreements to be recorded in the Pitkin County Clerk and Recorder's Office. 3. Nothing in the timeshare documents shall prohibit short-term rentals or occupancy. It is the intent of this condition that the non-deed restricted units shall be available for short-term rental purposes when not occupied by the purchaser or its guests or utilized for exchange programs. Section 12: Employee HousinE Mitigation The following conditions are applicable to this approval. 1. The Applicant shall adequately mitigate for employee generation by providing affordable housing mitigation with two (2) deed restricted units (two 2-bedroom units) on-site, at a Category 3 level or as finalized by the Housing Department depending on the final size of the unit. The applicant shall structure a deed for the units such that 1/10'h of 1 percent ownership of I the units are given to the Aspen/Pitkin County Housing Authority in 1 perpetuity; or the applicant may propose any other means that the Housing Authority or the City Attorney determines acceptable, This document shall be recorded prior to building permit approval. 2. The Applicant shall provide priority to the occupant(s) of the affordable housing units, for the use o f two (2) of the on-site parking spaces. In the event that the occupant(s) of the affordable housing units do not own cars, the parking spaces shall remain available for the general use of the lodge guests. 3. The affordable housing units shall be deed restricted at the Category 3 rental rate, but since the units are for the use of the lodge, income and asset : restrictions shall be waived. Further, the Applicant shall meet with the Housing Office Staff prior to the completion of the project to establish mutually acceptable lease terms for employees whose units are attached to the business. 4. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units, Section 13: Dean Street Improvments The Applicant has offered a financial contribution toward physical improvements to Dean Street for the enhancement of pedestrian amenities and aesthetic upgrade to the Dean Street way. The $250,000 financial contribution to the City of Aspen for such Chart House Final PUD Ordinance No. 32, Series of 2005 Page 8 . lillill'll Ill 1111111 ll'111111 lilit'111 10/11/2005 11:151 1 516050 Page: 9 of 10 S.LVIA DAL,~S FITKIN COLINTY CO R 51.00 D 0.00 improvements shall be made prior to Certificate of Occupancy for the building and shall be placed in a city fund solely for the purposes o f improvements to Dean Street. Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site, Section 15: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee in the amount of $44,214.00 prior to building permit issuance. The fee is assessed based on the following calculation: Proposed Commercial: 0 new net leasable square feet $0 due on commercial space Proposed Residential: 2 - 2 bdm units (AH) x $2120 (fee per unit) = $4240 10 - 3 bdrm units (FM) x $3634 (fee per unit) = $36,340 1 -4 bdrm unit (FM) x $3634 (fee per unit) = $3634 Total: $44,214 Section 16: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or 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 an authorized entity. Section 17: 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 o f the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 18: 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. Chart House Final PUD Ordinance No. 32, Series of 2005 Page 9 .. 11111111 -11111 lili 111 - 1111111111 11111111111 10/11/2005 11:15f 516050 Page: 10 of 10 ILVIA D *LS PITKIN CCLNFY CO R 51.00 D 0.00 The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin county Clerk and Recorder, Section 19: A public hearing on this ordinance shall be held on the 25'h day of July, 2005, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,Â·Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11th day of July, 2005. Attest: - kathryn Sh KoU/Cit* Clerk Helen Eflaande~'6* May07'4â€¢..~,~~ REAL} E FINALLY,i ~Â®pted, passed and approved this D day o~,~0~42005. lite**~64 '...: -1 --r.. 1 0â€¢t. 1 2 2 -, 0]kattiiÂ·yitÂ¥>Â£4ch, Â«tytierk Helen IC Klanaerud, Mayor 9' ' 'I. S R A L*: i Approved * t~form: c-73Â£ 1 ta (J 4-44 42-â‚¬1611101:key Chart House Final PUD Ordinance No. 32, Series of 2005 Page 10 . 0 ATTACHMENT 6 Planned Unit Development Agreement for the Chart House Planned Unit Development .. PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE CHART HOUSE PLANNED UNIT DEVELOPMENT THIS PLANNED UNIT DEVELOPMENT AGREEMENT is made and entered into this / 5 day of February, 2006, by and between THE CITY OF ASPEN, COLORADO, a municipal corporations (hereinafter referred to as the "City") and LCH, LLC, a Colorado limited liability company (hereinafter referred to as "Chart House") WITNESSETH: WHEREAS, Chart House has submitted to the City a request for Planned Unit Development approval, including Timeshare, Mountain View Plane, and Growth Management Quota System (GMQS) Exemptions for eleven (11) lodging units proposed for development, situated within the City of Aspen, Colorado to be consolidated, platted and known as the Chart House Planned Unit Development (the "Properly"), which Application requested the approval, execution and recordation of a Final Planned Unit Development Plat of the Property (the "Final Plat"); and WHEREAS, the City has fully considered and approved the Application, Final Plat, and the proposed development and improvement of the Property pursuant to Ordinance No. 32 (Series of 2005) , and the effects of the proposed development and improvements of said Property on adjoining or neighboring properties and property owners; and WHEREAS, the City has imposed certain conditions and requirements in connection with ~ its approval of the Application, and its execution and recordation of the Final Plat, such matters being necessary to promote, protect, and enhance the public health, safety, and general welfare; and WHEREAS, Chart House is willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements imposed by the City in approving the Application, and the Final Plat; and WHEREAS, under the authority of Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure: (i) that the required public facilities are installed; and (ii) that the required landscaping is implemented and maintained, and Chart House is prepared to provide such guarantees that hereinafter set forth; and WHEREAS, contemporaneously with the execution and recording of this Planned Unit Development Agreement, the City and Chart House have executed and recorded the Final Plat in Plat Book -77 at Page #4, Reception No53 0960 in the office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution, and acceptance of this Planned Unit Development Agreement for recordation by the City, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1 520961 1111111 lilll lilli llilll il'11111 ill'111 ill lilli lili lili 02/17/2008 11:08; Page: 1 of 13 JANICE K VOS CAUDILL PITKIN COUNTY CO R 66.00 0 0.00 .. ARTICLE I PURPOSE AND EFFECT OF PLANNED UNIT DEVELOPMENT AGREEMENT 1.1 Purpose. The purpose of this Planned Unit Development Agreement, along with the Final Plat, is to set forth the complete and comprehensive understanding and agreement of the parties with the respect to the development of the Chart House Planned Unit Development 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 Planned Unit Development Agreement and the Final Plat shall effectively supersede 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 and without limitation those matters identified in Article IV below (collectively, the Prior Approvals and Instruments). ARTICLE 11 ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinances. Pursuant to Ordinance No. 36 (Series of 2004) and Ordinance No. 32 (Series of 2005), the Aspen City Council granted Planned Unit Development approvals, Timeshare approvals, Mountain View Plane approvals, eleven (11) Growth Management Allotments, and Growth Management Quota System (GMQS) exemptions for Affordable Housing, providing for development of a eleven (11) lodging units and two (2) affordable housing units to be known as Chart House Planned Unit Development on the Property (collectively, the Project). This Planned Unit Development Agreement and the Final Plat incorporate all of the pertinent provisions of Ordinance No. 36 (Series of 2004) and Ordinance No. 32 (Series of 2005). In the event of any inconsistencies between the provisions of Ordinance No. 36 (Series of 2004) and Ordinance No. 32 (Series of 2005) and the provisions of this Planned Unit Development Agreement and the Final Plat, the provisions of this Planned Unit Development Agreement and the Final Plat shall control. 2.2 Dimensional Requirements. Ordinance No. 32 (Series of 2005) approved Chart House Lodge Final Planned Unit Development on Lots 6- 9, Block 3, of the Eames Addition to the City and Townsite of Aspen. The dimensional requirements of the PUD are the following: Minimum Lot Size 12,000 s. f. Minimum Lot Area per Dwelling Unit No requirement Maximum Allowable Density One timeshare lodge (11 lodge units/21 keys and 2 affordable housing units) Minimum Lot Width 120 ft Minimum Front Yard (E. Durant) Setback 10 ft Minimum Side Yard Setbacks 0 ft - East 15 ft- West, access way to Affordable Housing units projects 6 ft from building Minimum Rear Yard 4ft Maximum Site Coverage No Requirement Maximum Height 46' 6" feet Min. Distance between Buildings on a lot No requirement 2 11111111111Ill lili lillill 1 lili lilli lilli 02/17/2006 11 :08 520961 Page: 2 of 13 JAK.DE K VOS CALDILL PITK-N COUNTY CO R 66.00 0 0.00 .. Min. Percent of Open Space 19 Percent Allowable External FAR 2.49:1 Minimum Off-Street Parking 27 spaces, 2 of which are designated for employee units ARTICLE 111 APPROVALS AND EXEMPTIONS 3.1 Impact Fees. (a) Park Impact Fees. Chart House shall pay a park development impact fee in the amount of $44,214 prior to building permit issuance. (b) School Impact Fees, Chart House shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. Chart House shall provide the market value of the [and including site improvements, but excluding the value of structures on the site. 3.2 Water Department Standards. (a) The Chart House PUD shall comply with the City of Aspen Water System Standards, with Title 25 of the City of Aspen Municipal Code, and with applicable standards of Title 8 of the City's Municipal Code (Water Conservation and Plumbing Advisory Code), as required by the City of Aspen Water Department: (b) Chart House will submit financial assurance in an amount and form acceptable to the City Engineer and City Water Department Director for excavation in the public right-of-way. (c) Chart House will schedule the abandonment of the existing water tap prior to requesting a new water tap. 3.3Sanitation District Standards. Chart House shall comp[y with the following rules and regulations of the Aspen Consolidated Sanitation District ("ACSD") with respect to the Project: (a) ) When a new service line Is required for existing development, the old service line must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements; (b) All clear water connections are prohibited, i.e, ground water (roof, foundation, perimeter, patio drains), including entrances to underground parking garages (if any): (c) On-site drainage plans require approval by the ACSD, must accommodate ACSD service requirements, and must comply with ACSD rules, regulations and specifications: (d) On-site sanitary sewer utility plans require approval by ACSD; (e) Oil and grease separators in the restaurant/bar and in the indoor parking 3 11 11 Ililll 11 -111111 - Ill 1111111-1 lil li 02/17/2006 11:08i 520961 Page: 3 of 13 JE,Â·1]CE K VOS CALDILL FITKIi. COUN-Y CO R 36.00 D 0.00 .. facilities will be installed, complying with the Aspen Consolidated Sanitation District's regulations. (f) A shared sewer service line agreement shall be executed prior to recordation of the PUD Plat and agreement; (g) All ACSD total connection fees must be paid prior to the issuance of a building permit; Ce) Glycol snowmelt and heating systems must have containment provisions and must preclude discharge into the public sanitary sewer system; (f) Plans for interceptors, separators, and containment facilities require submittal by Chart House and approval by ACSD prior to building permit issuance; (i) Permanent improvements are prohibited in areas covered by sewer easements or rights of ways to the lot line of each development; 3.4 Dean Street Improvements. Chart House shall provide the City with a monetary contribution of $250,000 for improvements to the Dean Street Pedestrian Project in the vicinity of the Chart House (Dean Street, between South Monarch Street and South Aspen Street). The contribution shall be deposited in the City's Dean Street Improvement account.This contribution shall be made prior to the issuance of a Certificate of Occupancy for the building and shall be placed in a City fund solely for the purposes of improvements to Dean Street, The City shall be authorized to use these funds for the construction of Dean Street Pedestrian Project improvements such as may be designed and approved by the City. Alternately, Chart House may work cooperatively with the City to design said improvements, utilizing a portion of the monetary contribution for design fees. 3.5 Construction Management Plan. Prior to issuance of a building permit with respect to the Project, and prior to commencement of any site/utility work, the Chart House PUD shall submit a Construction Management Plan ('CMP") for approval by the City's Community Development Department. The construction management plan will consist of noise, dust control, construction traffic, and construction parking management plans.The CMP shall include the following provisions: (a) No construction material or dumpsters stored on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. (b) A plan designating debris hauling routes and associated impacts on local streets; and (c) Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. Site workers are encouraged to be shuttled in from the airport parking area. (d) To prevent mud from being tracked onto City streets during construction, washed rock or other style mud rack must be installed during construction. (e) Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday through Saturday, and construction crews will comply with all noise ordinances. 4 111.11111111111111 111111 lilli ll' 1111111 111 lilli lili lili 520961 Page: 4 of 13 02/17/2006 11:08~ JANICE K VOS CAUDILL PITK-N COUNTY Co R 66.00 D 0.00 .. (f) A plan for accepting major construction-related deliveries with estimated delivery schedule shall be submitted. (g) An agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. (h) All dump trucks hauling to and from the site will cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. 3.6 Access Infrastructure Permit. Prior to the construction of any improvements on the Project, a licensed contractor must obtain a City Access-Infrastructure CA-1 Permit"). A single contractor will complete all infrastructure associated with the Project. As part of the A-I Permit, the contractor will be required to comply with the CMP provided for herein. 3.7 Streets. (a) Chart House will pay for the City to sign two (2) of the public parking spaces that are accessed off of Monarch Street as thirty (30) minute parking for use by guests for the purpose of checking in. (b) ADA accessible sidewalk ramps will be installed at the intersection of Monarch Street and Durant Avenue, and at the intersection of Monarch and Dean Street in accordance with City of Aspen engineering specifications. (c) Sidewalk, curb, and gutter will be installed that in accordance with City of Aspen engineering specifications and the submitted plans along Monarch Street and Durant Avenue prior to issuance of Certificate of Occupancy. 3.8 Timeshare. (a) Each owner of an estate shall have an undivided interest in the common areas (patio, storage, other) within the facility, (b) All unsold timeshare units that are not used by the applicant for exchange, marketing, or promotional purposes shall be made available for short-term rent until purchased. Owners must make reservations for "short-notice, space available" time no less than 30 days prior to the time of use and the unit space shall be available to the general public during that time. These conditions shall be included in the Timeshare Documents, PUD and Subdivision Agreements to be recorded (c) Nothing in the timeshare documents shall prohibit short-term rentals or occupancy. 3.9Emplovee Housing Mitigation (a) Chart House shall provide two (2) deed restricted units (two 2-bedroom units) on-site, at a Category 3 level or as finalized by the Housing Department depending on the final size of the unit. The deed shall include 1/10'hof 1 percent ownership of the units by the Aspen/Pitkin County Housing Authority in perpetuity; or other means that the Housing Authority 5 520961 1 11111111111111111 ill'1111111 Ill 1111111 111 lilli lili lili 02/17/2006 11:08i Page: 5 af 13 JANICE K VOS CAUDILL- PITKIN COUNTY CO R 66.00 D 0.00 .. or the City Attorney determines acceptable; (b) Occupant(s) of the affordable housing units will have priority for the use of two (2) of the on-site parking spaces. (c) Income and asset restrictions shall be waived since the units are for the use of the lodge. Chart House shall meet with the Housing Office Staff prior to the completion of the project to establish mutually acceptable lease terms for employees whose units are attached to the business: (d) Chart House shal[ indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees, or similar charges related to ownership in the deed restricted affordable housing units: 3.10 Planned Unit Development Agreement. This Planned Unit Development Agreement was granted a 30-day extension to the 180-day recording requirement and Agreement has been recorded within this extension. The proposed encroachments and easements, including snowmelt and irrigation encroachments as well as the switch gear/transformer easement, shall be licensed and recorded prior to the issuance of a Certificate of Occupancy. 3.11 Fire Department Requirements. The Project shall include an adequate fire alarm system throughout the structure as determined by the Fire Marshal, including fire sprinkler systems, fire extinguishers, and standpipes within the stairwells. A fire hydrant will be relocated. The sprinkler designs shall meet approval of the Aspen Fire Protection District Fire Marshall in order to confirm that adequate water volume and water pressure exists for the sprinklers. 3.12 Building Permit Requirements. Any building permit application for the Project shall include and/or depict the following information: (a) A signed copy of Ordinance No. 32 (Series of 2005) granting final land use approval. (b) A letter from the primary contractor stating that the contractor has read and understands Ordinance No. 32 (Series of 2005). (c) The conditions of approval of Ordinance No. 32 (Series of 2005) shall be printed on the cover page of the building permit set. (d) A completed tap permit for sewer service from ACSD. (e) A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. (f) A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems, (g) A fugitive dust control plan approved by the City Environmental Health Department which addresses watering of disturbed areas, including haul roads, perimeter silt fencing (as needed)1 cleaning of adjacent rights of way, speed limits within and accessing the Project, and ability to request additional measures to prevent nuisances during construction. 6 111111111111-111 11111111 lilli 11 11-lili ll 520961 Page: 6 of 13 02/17/2006 11:0& JAN.CE K VOS CALDILL FI 7-K.N COLA TY CO R 36.00 0 0.00 .. Chart House shall wash tracked mud and debris from the City streets 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 Divisions will also be necessary due to the Property being larger than one (1) acre. (h) A detailed kitchen plan for approval by the City Environmental Health Department. (i) A 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 5-year storm frequency should be used in designing any drairage improvements. 0) A study performed by a Colorado licensed asbestos inspector detailing the presence or absence of asbestos. The State of Colorado must be notified and the report must be complete prior to issuance of a building permit. (k) Prior to issuance of a building permit (i) all tap fees, impact fees, and building permit fees shall have been paid for the particular phase, (ii) the location and design of standpipes, fire sprinklers, and alarm systems shall be approved by the Aspen Fire Protection District Fire Marshal; and (iii) a final PM-10 mitigation plan. (i) A Construction Management Plan as described in Section 3.7 above. 3.13Lightlnq. All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to tjme. 3.14 Environmental Health. <a) Chart House will obtain a Colorado Retail Food Establishment License and a liquor license prior to the serving of food and alcoholic beverages accordingly on-site, (b) A bear-proof dumpster or a dumpster that is fully enclosed behind doors that meets with the standards of the City of Aspen Wildlife Ordinance shall be located on-site. (c) Chart House shall submit a final PM-10 mitigation plan to the Environmental Health DepaAment for approval prior to issuance of a building permit, including all mitigation measures that were proposed in the application. 3.15 Public Restaurant. The restaurant within the Chart House project shall be and remain open to the general public. Conversion of the restaurant to a private facility shall require a substantial PUD Amendment in accordance with the City of Aspen Land Use Code. This provision shall not prohibit occasional private events, as normally associated with restaurants. 3.16 Vested Rights. The development approvals granted by the City pursuant to Ordinance No. 32 (Series of 2005) shall constitute a site-specific development plan, which is vested for a period three (3) years from the date of issuance of a development order by the City. 7 1'Â·M Iminmmi,% Mmuumumn 520961 Page: 7 of 13 02/17/2006 11 :08i JANICE K VOS CAUDILL PITKIN COUNTY CO R 66.00 0 0.00 .. Article IV Prior Approvals and Instruments 1. Resolution No. 21 (Series of 2005) of the Aspen Planning and Zoning Commission recommending approval of Growth Management Quota Exemptions, Planned Unit Development, Timeshare, and Mountain View Plane. 2. City of Aspen Ordinance No. 36 (Series of 2004) approving eleven (11) Growth Management Allotments. 3. City of Aspen Ordinance No. 32 (Series of 2005) approving Planned Unit Development, Timeshare, Mountain View Plane, and Growth Management Quota System (GMQS) for Affordable Housing on the property described as Lots 6-9, Block 3, of the Eames Addition to the City and Townsite of Aspen, Pitkin County, Colorado, recorded/h Â· 1 1, 2005as reception no.5/ 6 0 50, Pitkin County, Colorado. Article V Planned Unit Development Improvements Prior to the issuance of any Certificate of Occupancy with respect to the Project, Chart House shall accomplish the following Planned Unit Development improvements (collectively, the "Planned Unit Development Improvements"); all as further depicted and described on the Final Plat: 5.1 Landscaping Improvements (1) installation and landscaping in a public right-of-way as shown on the approved plans, approved by the City Parks Department and in conformance with Municipal Code Chapter 21,20, Trees and Landscaping on Public Right-of-Way at an estimated cost of $28,800; (2) replacement of any street trees along Durant Avenue that are located on the boundary of the Chart House Lodge, with trees of a caliper of 6 to 8 inches of size and of a species approved by the Parks Department, should any fail within 2 years after issuance of Certificate of Occupancy, (3) implementation of flower box and landscape pottings located on and in front of the building as shown on the representations contained with the Final PUD application dated March 31, 2005; (4) installation of tree saving construction fences around the drip line of any trees to be saved or at other points associated with the limit of the foundation as approved by the Parks Department; and (5) no excavation, foot or vehicular traffic, or storage of materials, construction equipment, and construction backfill will be allowed within the fenced drip line. 5.2 Street and Site Improvements. Installation of street and site improvements as depicted on the schedule prepared by engineering consultants Schmueser, Gordon, Meyer, dated 18 October 2005 (attached as Exhibit 1), including changes to the Durant Avenue corridor; 8 1111111111111111111111 li li lili Ill lilli 520961 Page: 8 of 13 02/17/2006 11:08I JANICE K US CALC.LL FITKIN COL.,1-Y CO R 66.00 0 0.00 .. installation of sidewalk, curb, gutter, and handicapped ramps meeting the Engineer's required specifications along Monarch Street and Durant Avenue; street light relocation; installation of a new sewer main extension; and installation of Stormwater drainage improvements at an estimated cost of $121,500. 5.3 Financial Guarantees. In order to ensure construction and installation of the Planned Unit Development Improvements 5.1 and 5.2 described immediately above, Chatt House shall provide to the City either an irrevocable standby letter of credit from a financially responsible lender or a bond in the amount of $150,300. Said letter of credit or bond shall be provided to the City prior to the issuance of a grading or access permit with respect to 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 hereof by Chart House, 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 or bond amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in Planned Unit Development Improvements already constructed before the unused remainder, if any, of such letter of credit or bond is released to Chart House. Provided, however, that the City shall give Chart House fourteen (14) days' written notice of a default (and the right to cure during such period) prior to the City's right to make a draw under the letter of credit or bond, Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of Chart House 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 for time following its occurrence. As portions of the Planned Unit Development Improvements 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 or bond equal to an agreed upon estimated cost for the completed portion of the Planned Unit Development Improvements; provided, however that ten percent (10%) of the estimated costs shall be withheld until all of the Planned Unit Development Improvements are completed and approved by the City Engineer. It is the express understanding of the parties that compliance with the procedures set forth in Article VI below pertaining to the procedure for default and amendment to this Planned Unit Development Agreement shall be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by Chart House as set forth above. Article VI Non-Compliance and Request for Amendments or Extensions In the event that the City determines that Chart House is not acting in substantial compliance with the terms of this Planned Unit Development Agreement, the City shall notify Chart House in writing specifying the alleged non-compliance and asking that Chart House remedy the alleged non-compliance within such reasonable time as the City may determined, but not less than 30 days. If the City determines that Chart House has not complied within such time, the City may issue and serve upon Chart House a written order specifying the alleged non- compliance and requiring Chati House to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, Chart House may file with the City Engineering 9 520961 mlin 11111Â® Hilillil nitilliU lillill lill 02/17/2006 11 :0& Page: 9 of 13 JANICE K VOS CAUDILL PITKIN COUNTY CO R 06.00 D 0.00 .. Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist; or (b) Whether a variance, extension of time or amendment to this Planned Unit Development Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order of noncompliance. 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 certificates of occupancy, as applicable; provided, however no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Planned Unit Development 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 Chart House 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 Chart House, despite good faith efforts on its part to perform in a timely manner. Article VII General Provisions 7.1 Successors and Assigns. The provisions hereof shall be binding upon and inure to the benefit of Chart House and the City and their respective successors and assigns. 7.2 Governing Law, This Planned Unit Development Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 Inconsistency. If any of the provisions of this Planned Unit Development 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 Planned Unit Development 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 Integration. This Planned Unit Development Agreement and any exhibits attached hereto contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. Chart House and its successors and assigns may on its own initiative petition the City Council for an amendment to this Planned Unit Development Agreement or for an extension of one or more of the time periods required for the performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendment or extension of 10 1 -111 lilli 1- 11-11111111 -lil lialll 02/17/2006 11:08I ~ 520961 Page: 10 of 13 JANICE K El CA_DILL PITKI =23TY Co R 66.00 D 0.00 .. time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. 7.5 Headings, Numerical and title headings contained in this Planned Unit Development 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 of any gender shall include all genders. 7,6 Acceptance and Recordation of Final Plat. Upon execution of this Planned Unit Development Agreement by both parties hereto, the City agrees to approve and execute and the Final Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by Chart House. 7.7 Notice. Notices to be given to the parties to this Planned Unit Development Agreement shall be considered to be given if delivered by facsimile, if hand delivered, or if delivered to the parties by registered or certified mail at the addresses indicated belowl or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: The City: City of Aspen City Manager; Community Development Director 130 South Galena Street Aspen, Colorado 81611 Chart House: LCH, LLC Thomas M. DiVenere, Manager P.O. Box 571 Aspen, Colorado 81612 Facsimile: (970) 925-3977 With copy to: Eben P. Clark, Esq. Klein, Cote & Edwards, LLC 201 North Mill Street, #203 Aspen, Colorado 81611 Facsimile: (970) 925-9367 1 11-11-lilli 111111111111111111111111111 ~ 520961 Page: 11 of 13 02/17/2006 11:0& JANICE K VOS CALDILL F , TK 6 COL N -Y CO R 36.00 D 0.00 11 .. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPE11-COL.pRADO, a Colorado municipal Bl / / A-zi,aa#<.00..-- Attest: 'Kathryn S. gch, City Clerk APPROVED AS TO FORM: flA 11 'AccmÂ¢Â»- .644-No-rdeste?, cty Attorney CHART HOUSE: LCH, LLC,XColprado limited liabilitycompany By.' < ../uk'. 4 2Â»210 Thomas M. DiVenere as its Manager 111111111111111111111111111111111111111111111111111 lili 02/17/2006 11 :081 520961 PageÂ· 12 of 13 JANICE K VOS CAUDILL PITKIN COUNTY CO R 66.00 D 0.00 12 .. STATE OF COLORADO ) SS. COUNTY OF PITKIN ) 1 /*\ The foregoing instrument was acknowledged before me this ~ F day of NK*lmA;006 by John Worcester, City Attorney of the City of Aspen, Colorado, a munic*al.=:Reration. ~ Witness my hand and official seal, EX? 1. ... /1 21.,C...6/19>k My commission expires: 1]*4001 u* Â£710' . â„¢ 3 . .' i ,L. CONA /,Ar/2.n I Â£ 1 -_ r-7 # r /\ AA-â€¢14 vn/r<V 0*r.1 Â»---~ i Notary Public 0 -09 STATE OF COLORADO ) 222 ) SS. 4.Â· .. ,93,rwon Expires 0WZW200E COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this /Â¢7~3* ofW&406 by Kathryn S. Koch, City Clerk of the City of Aspen, Colorado, a munici0Rorporation, Â·Â·ht C?:.3 it -2 Witness my hand and official seal, My commission expires: 1 Itl~ 4.a*,U44.-ye- Notary Public YiN At. . O. 7 .k 0,2 v 'J lu STATE OF COLORADO ) * axrvnission Expires 0W25/2002 SS, COUNTY OF PITKIN ) The foregoing instrument was acknowledgeslkg~&me this 9 day of Ae 2006 by Thomas M. DiVenere as Manager of LCH, LLC:,~ed liability company. Witness my hand and official seal U " Â¢1 ( 249 - I My commission expires: 4-5-2 Ct'el-r?Â¢y flly.L E.4X 111111111111111111111111111111111111111 lilli 111 1111 520961 Page: 13 of 13 02/17/2006 11:081 JANICE K VOS CAUDILL PITKIN COUNTY CO R 66.00 0 0,00 13 41 .. ATTACHMENT 7 Resolution No. 8, Series of 2014 .. , . RECE~ N#: 611040, 06/12/2014 at '~ 11:52:06 AM, 1 OF 15, R $81.00 DOC Code RESOLUTION RESOLUTION NO 8 Janice K. Vos Caudill, Pitkin County, CO (Series of 2014) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A PUD AMENDMENT TO THE CHART HOUSE APPROVALS GRANTED BY ORDINANCE NO. 32, SERIES OF 2005 FOR TInÂ£ PROPERTY DESCRIBED AS LOTS 6-9, BLOCK.3 OF THE EAMES ADDITION, CITY AND TOWNSITE OF ASPEN BEING A PARCEL OF LAND COMMONLY DESCRIBED AS 219 E. DURANT AVENUE Parcel No. 2735-131-06-002 WHEREAS, the Community Development Department received an application from Sunrise Companyi requesting a PUD amendment for The Chart House Lodge at 219 E. Durant Ave. pursuant to Ordinance No. 32, Series of 2005; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2005, which approved a subdivision/Pl ID for the development of eleven (11) timeshare lodge units with twenty-one (21) keys and two (2) affordable housing units and 27 parking spaces; and, WIIEREAS, the applicant is requesting interior floor plan changes and exterior architectural changes to the lodge; and, WHEREAS, the Community Development Director has reviewed the application and ' recommenddd approval of the changes, with conditions; and, WHEREAS, APCI IA has reviewed the application-and recommended approval of the changes to the affordable housing unit layouts; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, referral agency and has taken and considered public comment at a public hearing on May 20,2014; and, WHEREAS, the Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public heaith, safety, and welfare by a vote of six to zero (6-0). NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF ASPEN, COLORADO, THAT: Section 1: General ApprovalÂ· The Planning and Zoning Commission approves an Amendment to the PUD to allow various interior layout changes to the lodge and exterior architectural changes. Section 2: PUD Amendments The Chart House PUD is amended to permit the following changes on and within the subject property as reflected in Exhibit 1 of this resolution. The changes.reflected in Exhibit 1 are Page I of4 0 0 representative in nature and shall be subject to all adopted codes and entitlements affecting the property unless provided for in this ordinance. Interior Changes - â€¢ Reconfiguration of underground parking to accommodate mechanical in the sub- basement. â€¢ Reconfiguration of the two employee housiilg units, back of house, restaurant kitchen and some guest amenities added on the lower level. â€¢ Reconfiguration of the lobby, restaurant, back of house and minbr floor plan changesÂ·to the two lodge units OIl the groundfloor level. e Minor floor plan and balcony-changes (not to exceed permitted encroachments into the setback per the original, recorded PUD plans on the second and third floor levels) â€¢ The fourth story penthouse lodge unit is restricted to 3,200 square feet, Exterior Cha:nges â€¢ South (Dean) elevation - Metal siding replaces previously shown shingle siding and areas of lap siding, Gable architectural features removed, Guard rail changes from metal to clear glass. Various window design changes. Egress stair and exit added per code. Stairwell enclosed to roof per code. < â€¢ North (Durant) elevation - Similar changes as the south elevation: removal of the gable features, material changes to the railings as well as some of the siding matefials. Changes : to the window design and locations. Stairwell enclosed to roofand egress amended per code. â€¢ West elevation - Enlargement of exit areaway from the lower level. Stone siding on the basement level is replaced with lap siding. Metal siding replaces previously shown shingle siding. Windows shape and placement change and material changes to the railings. e East elevation (Monarch) - Metal siding replaces previously shown shingle siding, Windows shape and placement change and material changes to Â·the railings. Section 3: Conditions associated with the PUD Amendment. A. Dimensional Requirements: The Dimensional Requirements of Ordinance No. 32 (Series of 2005) shall be met with the construction of the lodge, with the exception ofthe two stairwells within the building as noted below. B. Code Compliance. All approved design changes shall meet the adopted codes Â·of the city or shall not be considered approved. C. Egress Stairwells, The egress stairwells located along the north and south property lines are required to meet the dimerisional requirements of Ordinance No, 32 (Series of 2005) with the exception ofthe required minimum setback, The exterior landing ofthe stairwell along Page 2 of 4 .. .. Durant Avenue and the below grade stair may encroach within the required setback. The exterior landing along Dean Street as well as any below grade component of the stairwell may encroach within the setback. The design of the stairwell and associated egress such as ' landings, stairs or ramps shall be the minimum required by buildin-g code, Any enclosure of the stairs shall be the minimum required by building code, D. Height Verification. As a condition of issuance of a building permit, height verification of the building shall be required per the city's verification policy. E, Landscape. The landscaping requirements, specifically with regard to flower boxes and , plantings, of Ordinance No. 32 (Series of 2005) shall be met. Section 4: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before ' the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: . If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of comp.etent jurisdiction, such portion shall be deemed a separate, .distinct and independent provision aiid shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspeh on this 200, day of May,2014. Approved as to form: Approv0 *to content: 1 9 A- A . a 0 L . 77 - - ~494-4490-.Â·7 (f/ \ i.sp'~ . DeboraVOitinnT Assistant City Attorney #A~pamer, Chair Page 3 of 4 .. . e Attest: Linda Alarming, City Clerk List of Exhibits Attachment 1: Plans and elevations of the Chart House lodge A2.0 - Site Plan A3.0 - Garage Level Floor Plan A3.1 - Lower Level Floor Plan A3.2 0 Â·First Level Floot: Plan A3.3 -Second I.e.vel Floor Plan : A3.4 -Third Level Floor Plan ' A3.5 -Fourth Level Floor Plan , A5.0 through A5.3 - BuildingÂ·Elevations Page 4 of 4 1926 E DUAA M T Ck V /9 (75.001Wid,re< 3~ u ~~T 1 . i lu IT 1~ / ~ 1 4 Sign Locotic 1 Revocable Â£ 1/ 2\1 : - See Notes, ......171 Rec- No. 4. 4 --0Â·wht, 1 Ilwl.. ~=2 - -'- -/- - -â„¢=7*.9/Xrrf 0793/ . -:r Ny=.1, WIll afâ€ži p /=,4 112 4 v 4 icj, 1 1 1 Â« 8-82 - 1 1 NOTES ~ %19: 77 1 la - 4-47 it~ la : 0\ IC#,4.:.+ .- 4 \ 1.11. m. - 11-4 r- ORA~a SHE,Er},i~~~~ 101. a 311.. If 1:J. Â£=r ~+=r ./ $- C--V.-- - Â§ D 1 2. BuildingfgQks 1 E'' --Â«,0 --1'-Wf'.... 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W]N[>ous DETAILS CALL OUTS. ~*/*a*ur-* C.-,Ip. r.l 0 4 1 . I ./. ).ME oper # U=: Elf= . 9001 3SnOH 1ZIVH le 1 .. ATTACHMENT 8 Chart House Lodge (a/]da Dancing Bear Mountainside) Insubstantial Plan Development Amendment, Recorded May 22,2015 ' RECEPTION#: 620089, 05/22/2015 at 1~:58 PM, 1 OF 7, R $41.00 Janice K. Vos Caudill, Pitkin County, CO 5 UNUSE COMPANY RE: Chart House Lodge (a.k.a. Dancing Bear Mountainside) Insubstantial Planned Development Amendment, Parcel No, 2735-131-06-002 The Applicant, Sunrise Company, seeks an Insubstantial Planned Development (PD/PUD) Amendment to the Chart House Lodge PUD; adopted in Ordinance 32, Series of 2005. Planning and Zoning Commission Resolution No. 8, Series of 2014 amended the original approvals to allow for modifications in the exterior facade of the building, including changing the exterior deck railing materials from steel to glass. The Applicant requests to change the railing material back to the steel material approved in Ord. 32 (2005). The fourth level railings are intended to remain glass while balconies on levels one, two and three will revert back to the steel railings in the original PUD approval. See Exhibit A for proposed elevations. Criteria for an insubstantial amendment: I. The request does not change the use or character of the development: change in railing type doesti't change the building use or chatÂ·octetÂ· at Dancing Boar Mountainside. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantia! change. Yes, the project 's original approval actually had these railings approved, so going back to them is consistent with the original direction of the project, 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. No change in use(s), height orfloor area are proposed with this insubstantial amendment, 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter thal could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Reviews or otherwise represents an insubstantial change. This change is both within dimensional tolerances and represents an insubstantial change. 5, An applicant inay not apply for Detailed Review ifan amendment is pending. No amendment is currently pending. SIGNATURES ON FOLLOWING PAGE 0115 Boome,Â·ang Read Sitite 520!B Aspen, CO8161 ! (970) 920-3255 RECEPTION#: 620089, 05/22/2015 at 1~:58 PM, 2 OF 7, Janice K. Vos Caudill, Pitkin County, CO APPLICANT: Chart House Project Owner, LLC, a Delaware limited liability company By: DB Aspen Managers, LLC, a Delaware limited liability company, its Authorized.:*enpr-332 By- ~ L--- Print Naine: 1-740-L. -?*1~K- Title: ,/11-1. IZ~-' CITY OF ASPEN: / By: U Print Name:_Chris Bendon, A[CP Title:Community Development Director.. Exhibit A: Dancing Bear Mountainside Elevations (Recorded) 11 ill i=====:2 1 9 0 7 9 ntT r.,1 1 /1/ ..- - --- ... --- - -i- 7-â„¢r - - .- 2 , ).-- -1 11-1 1 - 1 #11 1.6 . -1 --".11 1 11.!11 i 11:wil=JES 21.1~r. _31+ t, - --0 1 ' Ilkril I -r=# 1Â£i-ArÂ· . :~Ii. i'l 1 ]IHI I[ 3 Pm Â» 0 1 '0'- - --8 111 1 lilino, 1, JOW !1 {21.t I ,- ~*1 7 PF;7~; LIEE~~- ~ i:W U --1 4 1 1 . f 1. IiI *1411 - ~Itil#=- * : '9 , 'll 11111 11! - - '*U-fl F m.un i 1 1 -1 j ud A -3 11 1 111 I ' 4 7 43 ' 4,~.'*- -1> IiZI-J NMILI lip.UJ, 1 70 1-4_L 1.LLA 1/ 1 A I li-=1 1 - 1-4 1 1 2 11.21 i. i UP---fl@Z} 141,1 5 1 L u A 111111 1 lili.111 Â»+ 1 41/ 0 1 Ikli , 11 :-11.914,11,11-1011 ~ Fid ' 6-LEI \-2 I -:111 !!11 "j ;ENE v ia 1 1 p-EL Â·. rEE 1 11: c=* 1 -A-+ 22Â¥41 -41 N=, I i ---- Â«<D i k A ------4-' 4~--43 1 : . .. .. 4 ti li :i,fi9>ti:jll:&111~ ti ~ 1' C iii 1 , L .1 1 111 1 .It. 1. 4 '11 i. ill . 4. ...0 1 ili 11 ' 11 6 4 d 11 '11 N 10 1 4 3 Ii! 4 1 1! i 44 1 1 1, 11 I . 1 Â¢ 1,1 - 1 1 1 6 11 - 11 8 1 .11 -IlL.W-/- 1 11 1 Ul }FM illl| CHART HOUSE LODGE ~[Â®~CY- PI;11 lili 11 - 1 j %- Il i ']: 11!41111 lie- - 00 'Aiunoo uT)(4-Ed ' ItrpneD SOA 'X eotuer ' A 10 E 'Pld 89 : Pilia le SIOZ/ZZ/90 '680029 : #NOI,LdS:)311 â€¢kl..Â·........... 1,00, ry.*......Mul NO1.Lâ€¢FAJ,3 941(-ws MlroS I 2221kQ= 11, 2-.1.-# ===*----- (/---..O.-.r-.*/*..Il ID-- .--I---- â€¢Agnaw.... eu--*-. ........... --Al. ====2===1 .4.-- Ir--- IM-I.... 1-' O e n @ (3)~~0 me T T 3 \771 \71 tiirj 1i =- 1 . ~ Qg EE Â«\ 1 4 ' LÂ» 2 H p U) 5 5 11 0 03 D 230 i Mli 15 -2 44,,6.L_:1194 41---2-7-e~-â€¢--:r 1 7 & ~ < U *2 I ii li i I cs =p - U t .rn....:/Fjoji ifig] 1 - <- - - 11-*Rmi~*imili@- , 13%gEREL~~,E~/- I,a.in., â€ž_: i 7......./.-* i 11 : t. Ir.......~'I 11 2% I. '........1.Cl- 8 9 1 ,4.. Ae- A -J# â€¢~LI 1 + ll ; 4 U./24 U#EEV-1215--J ** 7,il--5 =7~-1,~------1 -1-..--.9 7 -- ~ ~OfÂ«AefE 5.~fitf-t:frazi--~ ~=-,4 6 - - - *14 4 1 1 !1 ' â€¢-- .......4 ..I ....1- '..1.- 1 1 h i . ~1~~1-es-1111* 1 12 12="te i .~Il~&.~~'..... AS.1 , 1 '.. i - i â€¢ i. /'ThiCAVT,4 â„¢.1113]NG ELEVATION ig,/:DI, I~WOIâ€¢,r .. t~L,(Vâ€¢.U-(1 .. =.Jvie41â„¢IKTO4 ((r,0,0,Su ,~OC Ili,â€¢In:Â»60.â‚¬G Â£.-1//â€¢.. faa...0.........././.-I- Janice K. Vos Caudil , Pitkin County, CO ' RECEPTION#: 620089, 5/22/2015 at 1~::58 PM, 4 OF '1, 41 ur. PI'W' - - - -7 LT-If--I@84=L 1 r -k_.lf 1,=1"râ€¢Â·.7 11 "41 IA#* ~47 04 //7 R i I %41 MIL *' j-i-Â·Â· 1 4 ~ E 2 -1 & --flfi- -k_- /]11 Iii i iii.ill h! 1 111 it 1 En --â‚¬) 11 0 4 17 a I I I! I 'â€¢ I -'~T,-il ZZ- Ir-rn_<5 1 Hil ~ ~ trnI- E - 1 1 lilliti"Kit.i i i Â®/4 ! it , i 4 'j! ' 1 !!' i 117 --1 EWEE}%Â· Â®t 91- }|litit '---4 1>49 -4[1 L 1 - -- 11, 11 ' " , T[Trr'17, 2'i '1.44 224-1 t.*v i ---qi'-i_j~12(jifft*L-Hff--r..1.-t-till 13-134.- U; 1 11 151,2,3 17,2 @0*2. ./ L "Ar. 1 i h E A r : lutf i m'=07:"*1+H-'-!fiÂ· ./11 0 - I i. .- _-I_-Au t -' M +V V' - *4 el . .. 1 Zy'- - ZI - z ' ' 9*1-111:*Ut 1-1 1-9.9 I i I'~ i N K Iii *4 110 + 1.- .5 4: ..1 0 J j 0 4 :'1 -: d h h ~ 11 1 N 2 2 . I' . 0 1. r* 9 19 - ill:tiff li I ., 111 1 Ir - eTioâ€¢e~iâ€¢ i.â€¢4râ€¢'. .. 9 ' 4 11 1 0 9 11#1# m i! . H 41 11 3 L t'r 7 f f L ~.~.fliEIII CHART HOUSE LODGE @&2[0 'i irl! 1,11 ist.- 219 EAST DURANT STREET I 1 N L.H 03 'Aq,unoo UT}t:1Â·Td 'TTIpneD BOA Â»M eoruer 'L EO G 'Pld 89:~I le SIOZ/ZZ/90 '680089 #NOILdSDEH , NOIL,/,373 ONIC]l,na .19 ~ ~ V=%2Â»Â©=ut 19â€¢r,1 1,â€¢c,â€¢j.-h~ Val J,â€¢4:\r,A4v'3:/16') #IFIEEIE CalÂ¥*4 â€¢ /1.... 1 .....1.2..-. n- m--I.... ..........1 .=C==Z====. .-' 1-7.- .-..il--1-4.--â€¢-1 C. ./Il< L t Â·Â· , & y *.- 50 -.e .- 111.-I'. *C 2.k=i 93* AÂ·v 9 Â»f ~ _ -- 1 1*126* ==-1 *=9-011.+*761 1 -*. 3 % i -04*99 &11.11-' 117* 411. 11 T.1- 110 4\-1- U GW F7--4. i -1 98 UL' 1 * it 4--F =4==c-5*24~F/%/'S~-Lr-'-:r-rE 2 89 1 *1 i /2 Rf . _ -InG-%" liti 1 liti -~*_E~==*~iÂ£~4~*~~~ifiEEk ,-r-Â·h.4,1 -Firil Jult ,a./.4 'I.-- ] EifF526* ~ ~ 1~4-I- ~~~~~~29*Ren._-t-- [1.9 k--IMIIIII W& --,rl - 4 %- - &@Elt*~4*19; DRE-:2- 1*#- 6-'' EiMM ---2-p-in - A *= E-3i 21/~24~~1~2R7rfrj~5-,-t-~tziIL~-uji't; ~ 99Â£u-27 4.Â·an = l-Ef=4=7 .......... 1 1 1 Erâ€¢L,0,5-e>X*:â€¢ 0/ U.G. H 1 1 1 1 .........5==Il 1 -- 0./-6,~ K.I ~AEAST SU ILDING ELEVATION A5.3 1: 1 1 1 â€¢,71..'-Ach- 10= umt....... C. U........U. ....DIC (2>mâ€¢-ar _//Pâ€¢c.NATO, _ RECEPTION#~ 6200 ~5/2~~k2015 at 1~58 PM, 6 OF 7, Janice K. os in County, S DH 121Â¥HD I~,RTNE=-/ 1.1 A,~0-C~.... 3 -1 '1uL.X.219 it u If I- ESM/C)Ek J i; 1 ! :: L.-P. -LA M.Â·-4 _,4 t--=--...- ~i....~12- 2 9 UI =2===-2 1 CO OÂ£ 2 0~~t.....'â€¢A *.1.1 --*%12Â»01Â« 4--, 7 71*6 r Il 1 1=110â€¢13IRA .m Ef=g ....I---'.f -=1!U:1*4"w 111.11 'Im,11 IEL__/-- '-r,- m=== n *12Â®EFEMI;MÂ¥1_--as; A.=- 0.7. 9==.4 i --~11 F 1 - -74 -Â« idliss= : 12==r 1 1 11 111 1 1 1 /0 1/ --- M./.../.-Ill-- . 4. .â‚¬- C~Â£XS.n , .-*00â€¢~ prILâ€¢ 2-â€¢. ar-To - 0....L--- ..1.-: ,Â·,=le =...'lij 1 I 1 '.1 â€¢1-L -..U 'i=--miF 1 X6 :.=...'-IM i..#.*I~......$. /13NGÂ¥2TW EAST c=Â»IER ELEvATION A5.4 Â«1.-1 . ...r Mm....1/ ./ Lrt,CL./OWO ....WCACC,9..GV~â€¢ i.04& tkG,%& Qi [-.tr- - IUL.DeC !12'1.â€žL Janice K. Vos Caudill, itkin County, CO ~ RECEPTION#: 620089, 05/~2/2015 at 1:~: PM, 7 OF 7, ED(]013SA OD 'NSdSÂ¥ .. ATTACHMENT 9 Chart House Lodge (a/lda Dancing Bear Mountainside) Insubstantial Plan Development Amendment Recorded October 14, 2015 RECEPTION#: 624103, 10/14/20~at 10:13:38 AM, 1 OF 4, R $~) Janice K. Vos Caudill, Pitkin County, CO --,1//IIET SUNUSE COMPANY The Applicant, Sunrise Company, seeks an Insubstantial Planned Development (PD/PUD) Amendment to the Chart House ].odge PUD; adopted in Ordinance 32, Series of 2005. Planning and Zoning Commission Resolution No. 8, Series of 2014 amended the original approvals to allow for modifications in the exterior facade of the building, including changing the exterior deck railing materials from steel to glass, The Applicant requests to change the railing material back to the steel material approved in Ord, 32 (2005). The fourth level railings are intended to reina in glass while balconies on levels one, two and three will revert back to the steel railings in the original PUD approval. See Exhibit A for proposed elevations, In some localions it was previously unclear that these steel railings attached to a painted (black to be consistent with other ornamental steel on the project) steel channel rather than stone. Exhibit A (attached) clarifies this in elevation. Criteria for an insubstantial amendment: 1, The request does not change the use or character of the development: These steel bands welle intended to be there and this clarification does not alter the character of the building. 2, The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change, Yes, this clarification is consistent with similar details in other locations on the building. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. No change in users). height or floor area are proposed with this clarification. 4, Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter thal could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. This change is both within dimensional tolerances and represents an insubstantia! change. 5, An applicant may notapply for Detailed Review ifan amendmentis pending. No amendment is currently pending. SIGNATURES ON FOLLOWING PAGE 01 I 5 Boomerang Road Suite 5201B Aspen, CO 81611 (970) 920-3255 Hl RECEPTION#: 624103, 10/14/20~at 10:13:38 AM, 2 OF 4, ~ 1 .Janice K. Vos Caudill, Pitkin County, CO 3 APPLICANT: Chart House Project Owner, LLC., a Delaware limited liability company By: DB Aspen Managers, LLC, a Delaware limited liability company, its Authoriad-Agenti- Print Name: 02.Ablpa--L- BAN) G Title: A.AA,-Aj .43* FMZ- CITY OF ASPEN: By. ~iÂ¥/ f Vul. Print Name:_Chris Bendon, AICP Title:Community Development Director I Exhibit A: Dancing Bear Mountainside Elevations (Revised) &41 M on PM 0 10 (D â€¢-3 011 â‚¬17_ -2- . , ....-- 0 0, --- .alâ€žâ€ž 0. 91 .-1 --- CO .......~ |- /-1.:'- ---- P i nESÂ·L- 97 N, ==== 1-11-1 4 8 0 -- M , 0 9 a ==- (P 91 ---- 1 . P ! 9. i - 2= f t . t g.4-4 4-4 *-3 131, 7 --.=ST 10 W P. A 8 GE rt\ PeN 0E 11 " 1 ] 7~-~-/TrJL.. p _~Ct a Â·Â·3Â· I - ' ... [: - -77 8 R o t 1.. .0 00 O 0, Â¢ rr < I:2 64 0 I 1-1 OW O-Â· "i Â« 1"'ll '.0.-.,- ~Â·=61 1 I -crn . 1 TErM-=-! ' 0.-*--48- -Â·--*=trt.--- ---~49/-v -L- CÂ»=Mr-Â· 1 72=1 1 1111'tree.,2/ ..u... 1.'......- A.=c-1 -9----.... -n.il. *iÂ»Â«32496Â°~4~fÂ©2312=Â»tr=>. 1- 1------- 1 L---I-I- , I -SE=im 2#7 -:r:=== e . eaaTkf- larÂ·?~ 3 : ,@~ ..U... 232= 1 Ill lili - .... 1 1 1 1--- -4212>_ O.... â‚¬-1 11 1 7-73SCUT,4 BUILONG ELEIATION A5.0 1 1 1 , 0-0- .52:fer. ION#: 2 , 0/1 38 AM, 3 OF 4, 19 00Â¥HO1O) 'Nld -1 1 111 11 811101-Â¥}i' 7-1/9 lilli[ 141 *le i W ' : 1 -[;5 1-irrh~-L r...#b,}1 I~ 4-* ~33V lit 1 1 .F t,1- 1')'Â·~=41'll.||lll,11 11Â£ 1 4 -Â·=f --4 ---0 ---el!='trmt#AÂ·1] 4 1 1-Iii E ..>41 =ila ~IA...t' 1.Ir .Ikli.('01â€¢f ..tki.-1-- Â· lili.11 114 4 4*,~91-, , i:, ',,1,915.-3--- --Pi?ftl 1 Mir- Â·',;4,2 L_~1 Â· /; 4 lils, 11 1 mal l.'hil: 14%2â€ž 1 -- i :Â·:11 ti 1 : r 1 :1 1 1 i ! p l i 11 I p, F $ -R Â·,j- 1'~ill 1 11 ' â€¢41./. ./64Â· : ~ j L JIP@Iliti 12391 4133L 1* --<. mi-i it imilli Â·Â· i "'all'I rÂ·r-'1 -:11\1 142_i 2" 61 4 iF It-4.-2---2*ZI--11\Â· 2 Â®ir u 11 '1 3 14441 4 ji h 7 1 :1 j 119 y 4 81 4 --0 4 1Â§ d :ttld:- --li-- --ti----_tj]- 2 -----Â·- ilijj -iii Ii!11 it! I. li illi ' 1 11 . JlÂ·Â£..LA.~2~Lee' li Â· 1.1 -- , i 1 J .1 'i '. lilli< 1 ~*fi>i!'/~./ CHART HOUSE LODGE -ililli*~m ili~Flpill Ilit< Fi,4~0:1~11 219 EAST DURANT STREET 4 11 -â€¢19. E w t, 04'i'!lip I ASPEN, COLORADO 81612 -11 . i. 1 1 1- 00 ' X:,unoo ur)[9-Rd ' IT-Fpneo BOA * N eorupr ,. '9 /O 9 'XY 89:E-[:Or Je<~~~Dz/,I/0I 'E0IPZ9 : #NOIQLdmamI *AVA3-13 0*Oling 46Â·El â€¢CIE<Â· .. ATTACHMENT 10 Amended and Restated Condominium Map of Dancing Bear Residences Aspen Sheets 1 and 22 , ATTACHMENT 10 Is An Oversized Attachment 0 0 . . . . . . 13; tis 15 64 AMENDED AND RESTATED CONDOMINIUM MAP OF: DANCING BEAR RESIDENCES ASPEN (DANCING BEAR BUILDING, CONNECTING TUNNEL & MOUNTAIN SIDE BUILDING) : e rm:*tflfit~* :7.:34,~4Â·j#Pjadiok<:-t CERTIFICATE OF DEDICATION AND OWNERSHIP FOR THE DANCING BEAR PROPERTY AND MOUNTAIN SIDE PROPERTY THE PURPOSE OF THIS AMENDED AND RESTATED CONDOMINIUM MAP OF DANCING BEAR RESIDENCES ASPEN (DANCING BEAR BUILDING, CONNECTING TUNNEL & MOUNTAIN SIDE BUILDING) IS TO: r Â·C' 442Â·1 t.f Y.:- &0,' i Â£ NNEEWn .7,â€¢,AÂ· *B#&3*:11 3.dfl?.Lk,Â·.Afc Â·-*.,-,Â·-m,i< .NUMS,Â· KNOW ALL PERSONS BY THESE PF THE DANCING BEAR LODGE ACCC 498443, COUNTY OF PITKIN, STA1 WAS ORIGINALLY ESTABLISHED A AND 2 EMPLOYEE HOUSING UNII BEAR BUILDING") AND APPURTEA JANUARY 23,2009 IN PLAT BOOK PLAT BOOK 100 AT PAGE 74 UNDI DANCING BEAR RESIDENCES ASPE 2012 UNDER RECEPTION NO. 592 THE TERM "DANCING BEAR OWN WELL AS THE OWNERS OF FRACTI DANCING BEAR PROJECT OWNERJ DECLARATION, MAINTAINS CERTL RIGHT TO ADD THE FOLLOWING F CHART HOUSE LODGE ACCORDIN RECEPTION NO. 520960. COUNTY AND FORMERLY KNOWN AS: LOTS 6,7,8 AND 9, BLOCK 3, EAN AND 9, BLOCK 3, EAMES ADDITIO ASPEN, COUNTY OF PITKIN, STATE SINCE THE MOUNTAIN SIDE PROP OWNER"), DBPO HAS ASSIGNED I PARTIAL ASSIGNMENT AND ASSUI SIDE PROPERTY HAS BEEN DEVELK IN ORDER TO REFLECT CERTAIN Cl OWNERS AND MOUNTAIN SIDE O IMPROVEMENTS AS SHOWN ON 1 MAP") CONSISTING OF 26 CONDC WITHIN THE DANCING BEAR BUIL LOCATED WITHIN THE MOUNTAIP FORTH IN THAT CERTAIN AMENDI SprEM 6612- M UNDER Dll PLAT DO THE AMENDED AND RESTATED M SUPERCEDES THE ORIGINAL DECL CAPITALIZED TERMS USED ON THI AMENDED AND RESTATED DECLA )INION MOUNTAIN SIDE OWNER DOES HI WIDE "UTILITY EASEMENT" SHOM ENLARGEMENT, USE, OPERATION, TELEPHONE AND CABLE TV, TOGE SIDE OWNER, TOGETHER WITH A UTILITY COMPANIES OWNING, OF AND FOR THE BENEFIT OF THE Ov DANCING BEAR OWNERS: THE EXECUTIVE BOARD OF THE Di MA~ AS EVIDENCED BY THE VOTIP RESTATED MAP ABBROVED B.X.$14 BY. /--i-9 RANDALL BONE, PRESIDEN1 ER OF STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) THE FOREGOING DOCUMENT WA BEAR RESIDENCES OWNERS ASSO WITNESS MY HAND AND O & MY COMMISSION EXPIRES: 12-4.tok.,6 ITHE 2016. 1 NOTARY PUBLId MOUNTAIN SIDE OWNER: CHART HOUSE PROJECT OWNER, BY: DB ANAGE~ ~ 1 1 RANDALL BONE, MANAGEN STATE OF COLORADO ) )SS. 46. COUNTY OF PITKIN THE FOREGOING DOCUMENT WA MANAGERS, LLC, A DELAWARE Llf COMPANY. WITNESS MY HAND AND O A MY COMMIPSION EXPIRES: ,P OF 1 NOTARY PUBLId IONS THE ACKNOWLEDGED AND AGREED T( DANCING BEAR PROJECT OWNER, ITION BY: 4'- ~ 6--.~De.4 TED RANDALL BONE, MANAGER STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) THE FOREGOING DOCUMENT WA MANAGERS, LLC, A DELAWARE LI COMPANY. WITNE*MY HAND AND O A MY COMMISSION EXPIRES: NOTARY PUBLIC NOTICE: ACCORDtNG TO COLORADO LA\A ACTION BASED UPON ANY DEFECT IN THI L }1/ AFTER YOU FIRST DISCOVER SUCH DEFE )0 difdwg BASED UPON ANY DEFECT IN THIS SURVE- ~ _~___ PLAT BK 115 PG 64 11111 'Li.Ult- 1 YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 461: 0 D. 4 ..: AD. . 0 , 1 0 0 0 1 . ....... 0. . I D D. I' . . .. 1. D .. 11 . 0 . D. ... D. , 1. .... . ... I. 1. .. .. . A. D . A . ...' .. ..... I , D j. D .. .. D 1. . . . 0 . .D ... .. 1/1 0 , . 1.1 . ... I ... D : 11, I. :.. .. . .4 ... 0 ...... ... . ./ A ... . A .... D. : .: 1 . D. 0 ,. 1 4 1. : ..: DAD . , 1: 1 ... . . .A . 0 . D. ... ./ . 0 6. 1 4 0 . 11. . 0 , 1 , 0 . 0 .. ..D ..1 . AID. D :. 0 . I ... 0 1: .. D : 1 . 0 , I : 1 4 0 0 . 0 0 1. .. . .A :... 1 .1 I ..1 1 . 0 . 1. ... D . . 1/ . A. . A .: 1 ..... 0. I .. A . ... 1 ... . 1. , D :. DA :.I .... . A. , ... 0. I .: . . ... D. I. ... . A D: D .... I. , I. I . . I , 4 . 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D ... t.1 .1 0 " " L .-' 1 k . . . . 0 0 . . . 1&115 P 755 AMENDED AND RESTATED CONDOMINIUM MAP OF: DANCING BEAR RESIDENCES ASPEN MAP NOTES 1) PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS-BUILT DIMENSIONS AND ELEVATION (DANCING BEAR BUILDING, CONNECTING TUNNEL & MOUNTAIN SIDE BUILDING) INFORMATION. DANCING BEAR RESIDENCES ASPEN COMPRISED OF THE DANCING BEAR LODGE ACCORDING TO THE FINAL PUD PLAN AND PLAT RECORDED JUNE 8,2004 IN PLAT BOOK 69 2) UNIT DIMENSIONS ARE FROM UNFINISHED PERIMETER WALL AT PAGE 80 UNDER RECEPTION NO. 498443 AND CHART HOUSE LODGE ACCORDING TO THE FINAL PUD AND SUBDIVISION PLAT RECORDED FEBRUARY 17, 2006 IN PLAT BOOK SURFACE TO UNFINISHED PERIMETER WALL SURFACE, CEILING DIMENSIONS ARE FROM UNFINISHED FLOOR TO FINISHED CEILING 77 AT PAGE 49 UNDER RECEPTION NO 520960 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. 3) ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE SHEET 22 OF 23 , GENERAL COMMON ELEMENTS (GCE) OF THE AMENDED AND RESTATED CONDOMINIUM MAP OF DANCING BEAR RESIDENCES ELEVATION VIEWS (MOUNTAIN SIDE BUILDING) ASPEN (DANCING BEAR BUILDING, CONNECTING TUNNEL & MOUNTAIN SIDE BUILDING) UNLESS IDENTIFIED AS A LIMITED ~ ~ COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL .1 THE OWNERS OF THE INDIVIDUAL UNITS. THE TERM GCE IS ... ....... ...1-*7 .."~ h i 1 4 4-2-1 INTENDED TO INCORPORATE AND NOT LIMIT THE COMPONENTS ~ INCLUDED IN THE DEFINITION OF "COMMON ELEMENTS" UNDER _.--- _. -=i,-i--~-21=#-:9 ROOF=7977.44 . '1 $ 1. _1 1 .=U/* 1 1 ROOF=7977.45 i .lil r 1.rf- - -1 1 I 14 1 . 7 THE DECLARATION. UNLESS OTHERWISE IDENTIFIED AS LCE ' CE=7974.72 1 CE=7974.37 CE=7973.39 - -irr~334-= \ j 1 A CE=7973.40 4) UNITS AH-1 AND AH-2 (DANCING BEAR BUILDING) ARE SUBJECT TO , i 26 - + 1- - 1 11 TERMS, CONDITIONSAND PROVISIONS OFDEED RESTRICTION \,4 .Li~ -~~C- t~I~1 -9 - t-1~~it ,'-[-1-"FI ~#-- ~ r---i-.1.~ZI1~ - -13~-1 AGREEMENT RECORDED AT RECEPTION NO 549088 UNITS AH-3 (PATIO) ~ ,, . 1, 1 1 :110) AND AH-4 (MOUNTAIN SIDE BUILDING) ARE SUBJECT TO TERMS, . i , il ,-i 2 -__- 1-3Â«11 j LCE PH-20 ~ CE*797.39 ,------ .- - 7 ~- =. -illy t 1 - e. J - . ~1 ptl-20 1 '' I 'r 11 1 1 11 1 1 f 1 1 1, PH -k=L fet7973 tfi 1 2#-i &(321 _ '[- 1 1 3 -- 69 t' 1'11 i 1 1]1~~~-1 - ~'1 4 1_ _ 1 1|1 < . 1------1.~144- rl -- .11'1 4~- ' - 1- 9.11 11'l lil/1.12 4 ' 1 m I k A .. .... CONDITIONS AND PROVISIONS OF DEED RESTRICTION AGREEMENT 1-1 , lili RECORDED AT RECEPTION NO 549089. f'- ...Li~ft > y ' 4 1-1 Z '. ~ .' I -'. ' '" t- '. DE]CF=7965 5074 -fr= 1.- 1-44 1 1 1 1 4 1 1, L.ze --1 -1-11-4- 64.- -6- .1-4-=-4----1- .L-*=-41=.-- I j 7 71U -- .1 Ch ---- -2}[LE=7*,Iij-~z.-gzm,2.9~_1 1~j.-4-dEâ‚¬p# bi'--2*, 4~6~-O~v<~ -=i~._~ -1 -,;J. '1-19(--- r=.Â»-. : '.). 1 . . -6.. 1 1 ~ ~ ~..~ i r A -~ '~ 1 ~ ZI bto<17965 25 j ---- -- 62.9I 5) ALL LCE AREAS ASSOCIATED WITH UNITS ARE FINISHED FACADE ON -* 1 - 1 - p - 1-11 ..1"r 11 h Â«279.5 3 L -1'F, - rx:._jâ‚¬-k-H, - , 1-.- - -= -r-' 2-tw . p * 1 1 _+ --1 *1.- [ 7 1 .1 1 # - --- r 4 1 : --* T . 1-1 1 5 1 1, 1 A .1 r. 1 . 29-1 34.-3: 6 -1 1 GE 7962 1! 1 THE EXTERIOR AND FINISHED DRYWALL TO FINISHED DRYWALL 1,â€¢-1 -â€¢Â£1 ./*WeÂ»:- -r - * .......-- 1 -'-1.4 -' .r'.- - - - *.'f. Â·.-fÂ· "- t E~6*88 1 PRI Â· 27*zy'%-Â¥~Dg h .. 1]LaNI53107-- 4 : LE Ms 1 I .r--1 1 11 INSIDE, UNLESS NOTED OTHERWISE LCE MS-1~Ip1~rry-77 itt;FAy~39-,1_TCEL* 1; ~ 1 ,-- zz--i#*LY,Fl ir L.h-It (pAIrto))[dil --(sTAIRs}Â·T-- ' i 11-'1 *47962.89 J ~ 1 i lei@bE MS-18 6) ALL RECEPTION NUMBERS REFERENCED HEREON ARE FOR DOCUMENTS RECORDED IN THE PITKIN COUNTY, COLORADO blÂ¢01P,z-LL-f 0- 1.-7-.--Fll r~~-t.i~L, il ;-j--,r .: 11 1, 4.6-~1~ .~4~ll J_~I:i4 2/1 ~ Ir . -1 *w#*EL*Lig&*& 92.11 Lf | ..I,W-- ' "E' REF1: 54, LA ' 4.Â·cÂ·Â· - 1 - 111 1 2- 11' '' I , CLERK AND RECORDER'S OFFICE i CE:7952.10 - -- ~ --~ 2~1 139~~2~~7951~0~ ~~ , CEN)9&.i-~~+, ' 1 111 1 11 , vi'' "'| ''I h~lilli'~i~12 ~~~1~@4444~.8~l~~I i f- Â£ A . 191 70 .AE-~=**1 - 11 11 1 *--~LL U 1 4.- J 6.-T,1--W 1, --- ./. I ---â€¢ I.-I-/--- 0 1 1 .1 r. .0 ' w- 10 - -16 ) 1,/ 7Â£ 4 1 7951 07 i -CE=7952.07 1 22-1 ~ BUILDING TABLE a-#- r--w .-.~~~ICUI--1,â€¢-ir i.... -6<..-m-_.-.i.,c IN.-711.1,---7 'F --11 1 I 1 ~ C~=795~ 1:4 ~5-*,49*5~~~I~~2 - 5.T 11, I ; 21123&4 - 1 Icw951.12 ~ 1- f.- Â·Â· 141' 21 1 1 643/4/Mmvdli I :.1 -7.ffilÂ®-1 1 - E. . - , LCE MS-12 ' 4, GCE-GENERAL COMMON ELEMENT LCE MS- :51 17 2. 1 Bpl AÂ·ite",22_{-Â»Â·niv.4-2~~.~~.*~.g~~J~p)~1 191-L- j_--~-i,7*:Tl tikm IL' 1 . 1 1: '-r , x trj-L 11. 4 - - (PATIO) I i LCE - LIMITED COMMON ELEMENT 11U' ~-'v-Â·ef,rrÂ·,~+~sÂ· Â·++4-ir22* -1 F- , 1 1 Of=7-0-2 ' - -11 ip-LS-,1 14' I-, - ---iÂ»;r~i Jl'~~~~~~eL-42= UF - UNFINISHED FLOOR -122'~~7-- 64.--=--Z~~-' | *Wiliefft--I[flifflf] [fl 1 ---1-1 [1 111 I'6214{444 UY?fiNAL[Hpm]HHINfyÂ»3 4 1-1 .,..._, rke-ag" - ..%- _ ~ * - 1& Fi 'rtin i.4 ; -Â· , 4431.-- 0.1Â£T f lilli'i#_-4- , -- :t. , d- Ti- ,1 15-=* I â€¢ r F-.7 . r -1 1, -r t: :A:P,4 9 ~ 4-=-,ps; -- - 11,11 :L'Uils r , IN;01 : : ..- fa<-ru=:-=1*Â¢-2, F-L,LIT-424.1 r:12,7* 1 ~.,1#r 1 h.je- 10 CE - FINISHED CEILING OR STRUCTURAL ELEMENT ,+ i - - 4,-' I.- 4' 14 ' 1 1 61 1*Il/ *ri ;-4~---2-u- - 1 :il I m. I' lili Pt}11-'.121-42.-T,Â» 1. -- - -" ~~=~.2 - GCE -- 34.2-Â·9 i - - ' 3*5: 1' t-zIE} 48:21''ll~j-6 ~Iwl 4- r V EN 5 , LCE C-5 r.â€ž11/, ~1- 44Â· -411 1_/1 AH-#- DESIGNATED EMPLOYEE HOUSING UNIT 1OR2(DANCINGBEAR II .7=F).:2=~-RNm~.~ ~0-5~,~~~ / A.'Eb=-~_._lti -1-201# -1 Ili>St>l i * '1 112~,t' Ill i =nt:47-2-,Â· ' ||1 '41199: 5(:9 1 3*1*01-il-! L.~~~-i---_r-~.._A ~-~-'~~~4*]tigu~y ( BUILDING) OR 3 OR 4 (MOUNTAIN SIDE BUILDING) , ja-Â©(TRASH}1-41Â·t Â·, 25' -------=4 ,â€ž 71-6 1 it '1=322 11 ,11 UN (PATIO) 141 1 1 11 11 1 1 1/ 111 ./ 11 T'*7014 141 1 114Â«~to-- : : 4 --1 'i I , -2 K L,-| 4-4...., 1 -- -7 DB-# - DESIGNATED RESIDENTIAL UNIT 1 THROUGH 9 (DANCING BEAR It l UF=7932.09 ~ ~ _ __ __ _ _ __ _ -_ _ _ __ _ _ _ --_ _ ~--- __ _- - IT -f ZZE'_ , 2 -.=1-/9,22 -12-#*Efisti-'.PE c-.im,-:Gamaill,-41//.2 - T-rt râ€¢Â·. Ill . 4,1 1 BUILDING) 6,Â· , KE -1 AH-3 r; GCE " " 1 1 1 1 4-z -1 1 MS-# - DESIGNATED RESIDENTIAL UNIT 10 THROUGH 19 (MOUNTAIN GCE C.5 Il i iST,\IRS) [ SIDE BUILDING) 3 (CAR LIFT) , ~ C-5 4 (PATIO) PH-20 - RESIDENTIAL PENTHOUSE UNIT (MOUNTAIN SIDE BUILDING) ' f UF=7919.13 11 j 1 1 UF=791513 STAIRS) ' T -lri GCE r-Zy- 11-â€ž22...=r=ZI-zzi/=ZE:32=uzz-n:-_--7.-- 1-121-7=1-12-11=z_=~:12=1-=22:22-7 -2 2-_-2:772-_1----IN..n~ #r- 2 -r- c-: cs -2 4* 2 -_T .in um nÂ·z -r :~ II -2- O.2 -7 -~ 25 7.1 -I -2: 2- .1 _-1 -3 Z. UU.U. -- -- ... ~11 -- --1 - .,-V --I---U--: -- =-= 2 -.T _n n- . - 2---1 -L.it+- --1 -51 C-# - COMMERCIAL UNIT 1 (DANCING BEAR BUILDING) OR UNIT 5 T -2: (MOUNTAIN SIDE BUILDING) 11 11 1 11 1 LCE PH-20 GCE LCE PH-20 GCE GCE GCE GCE INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED j~ h BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE (PARKING/STORAGE) (CAR LIFT) (PARKING) (STORAGE) '~ i (STORAGE) (STAIRS) (TUNNEL ACCESS) 11 11 1 BOUNDARY ARE GENERAL COMMON ELEMENTS THESE ELEMENTS, IF ~ ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE 1 % UF=7908.14 11 1, i U~=7908.14 -~ . Il ~ UNIT SQUARE FOOT CALCULATIONS ~ -- LCE TABLE EAST ELEVATION NORTH ELEVAT/ON LCE DB MS PH - LCE PARTICULAR TO ALL UNITS DESIGNATED WITH DB (DANCING BEAR RESIDENTIAL UNITS), MS (MOUNTAIN SIDE RESIDENTIAL UNITS), PH (MOUNTAIN SIDE PENTHOUSE UNIT) LCE DB-# - LCE PARTICULAR TO DESIGNATED RESIDENTIAL UNIT 1 1---1 F 1 1 1 I Efljor- --m] f -- . -- -5 *r'=AL THROUGH 9 (DANCING BEAR BUILDING) i | 1 l 2 f R00Fd79*.46 m r - T -1 1 -- - 1 - .... 11Â·,Irl-J_'Â£ A- ---- .-- ...4 , 1 r ROOF=7977.43 r ROOF=7977.45 r ROOF=7977 43 ~ ROOF=7977 46 1- ROOF=7977 43 1.- 1 1 1 1 1 r#n LCE MS-# - LCE PARTICULAR TO DESIGNATED RESIDENTIAL UNIT l - CE#7974 40 CE==7974.42 7~ CE=7974.40 1 11==fr ' 10 THROUGH 19 (MOUNTAINSIDE BUILDING) 1 ce!-Ilii, 11711 -1=-m.1 . 4 1 1 1- M 674-71 4(i - . -r LCE C-# - LCE PARTICULAR TO DESIGNATED COMMERCIAL UNIT (PATIO) 12.L.L.!' 1-1 1-7 - (PATIO) ~ 6 Â¢E=7471-~.~.*.-,98.#i-r!Â·1 %68N70- '16 ,1 -i- 4 1 + 1- 1 C =19# 1 -r---: 4-1 111--1 l OR 5 LCE PH-20 LCE PH-20 P/,RAP ~TÂ¢7~61-4-2 <\ __ .. CE~~O ~~~_--&~ J ~~--â€ži PH-ZOI~~L=~<~~~~~~ i - 1.-1 ~ 'i 2 01 - 1 , : ' ' || ~ i -UFL~464.44 2 I 1~~,~~KI~AA,/~lcrw,,~1 9-10' 4-- =-+~l'i 1- -1:kr.~ 1_T-LFLFT~,L _ip{_- ir-11, -i__~_ -_ ~ ,1 LGE PH-20 'f ROOF=7970.16 LCE PH-20 - LCE PARTICULAR TO PENTHOUSE UNIT ' 1 --4<2. 1.--1 =4-=4. f I '1 1 1 11. 1.1.~ ,DECK=7965.35 ------- LCE (TYP) :+4_43 ; f ._L' Â· 4 It' .21 - ,P, ~~ DECKâ‚¬965~.24--FL~J --7 --~._ 4-4 1 I -1 ' --L~ FA DEcK=jgÂ¢5617-4-]-1 c Ec]&'j65 26 -~f==- -p-f-- -_ =T=~T-*t~Â§6Â¢*~~ * fIRI 4 1 A - - - - RECESSED CEILING (TYP ) # 00 - CE=/94110047411'14.-1 --14=79*2~ 4 z L : -#-2-T I 14-4,9641 - F- ---0 -0 - - LC E Msi[7 |~/ (CE MI-14---4 1 ' Il L-J -_11 *M41 1 i~ -Â¢7Â«3-* Â¥97962-81 - T-'~~4:i9 ~ CÂ¢-7 -4 1 1 f 4â‚¬f--Â·6 1 ---dE MU-19 Vâ€žrit- _-cÂ« L . 11- ---u.* e UF*!1 1 7 HANDICAPPED SPACE 362.10 1 1 ' 1"lutel , 11/ 1 L to~ i-~f-t_ltiE@j~di ' I''I~I I~I I Ill ~ L,U~ Il"'it'll~ ~ [pil~, {ST~IRS)E- ~JÂ¢Mthi~ -- - --120* -- -* -----UF=75.%3'9~*| ,11 ~~bECK=7954.30 - 'L,L- l.~_,14&6L:iii, 11.:ll'll 1 lili L'-6 - I PATIO); I - 0 DECK-7054.02 ' p Lk=Â· '91,1.0/ CE=7952.10 -- l~ 6,- -- - â‚¬E=7952' 16~ .- -â€ž- _- ..- -.. _ ~_ _ ~~__ I CE*1~Lf - q 4 ------ I f - 1 7=9Â·- FE,7951.10 -/O-0, - ~ -< LCE MS-13~ - k J Â·-- - 1 1-1-,IX' 'LCE.~44-3- - 11 ----GgE -4--1 1- 1'CE= r51 ~614 ~41 1.]13*~kii-L,3Â£4.-' ; ick L@Ent}211 1 .9 -2- -- Mtl~- 43 Â£ Â£ - - *Il- . -- --- 1-- 11 . (PATIO) -'Â· ~ ,~I .7"~. r~- 4-,--..s5i~- f i 1 -=\\,1 (PIHIM --9 , (STAIRS) i.-4-}#r~ -Er+1 -- -4.-#4 -2-16 -- _- CEE, w -~ BLOCK 77 ALLEY Â·b==2Â£- . ; , 6 1 4,1 1 r'44,_-7-pkt,<,f#52-9676*- ' ,1 1-1 n 1 , I -----=_CE=7941.13 -1 ual!@Al.13 2_7 -r CE.7941.23 r CE=7941.26 - -1 2 ---t CE=7941.16 EU --\----Â»W i 11 4 -11 - I .,31 -. ... - E533 1 - .1 1 I~";Â«~~jj-~-~~~*wi~Ift~O~pf~ t- j L.j -Eli.- ~4 -k --.,~721~~IE DANCING BEAR RESIDENCES ~ P_JUZZL#ER,ifir#=r 1 ' a=/910~--Fu-rr_unr-=/144.24---0 04 -:i DANCING BEAR BUILDING ~ 'LKENIS-11 5,*fp I~ ~- ~ .Mfq-~~,117-3: 1 :11-i#.~~4--41*ift'kiladKERsl--' '-r ' : '1 '-Ltf~.~.tr-'422; (PATIOI-----2 f. --2- -_ _ - 1 ., -61.- 1, 2 1 f J[ â€ž. ---1. - ]1 1 , I,f, PArrrAFOiI----Â·Â· Â·Â·---- LCE MS- .rz Milip IF I ; 11 11+ - - -- 1 4 A/S-11 1 2-Li . 1.02770401~1.I~t Sl 5 El! . 1PAI'ORE}~5Â·F . 'E-ri '.,-4- ~ -~ i r UF=7932 09 , 1-4--' -1 -----67~ -- -~] =m~ 1 ~/ , .4 ..44Â»--et'34-14--.72LU... ' LA-- --- -- - Li -* L=-â€¢-1 1 -_ -1:'11=21 =!1 +r- -i~:in=~'44*---Ja--PE,- 7-t" r- 1 __1[__-_--__- 1 1 0--0 qr-7932 Ot'- -bgf'~3-9rf-J t'lk]Illptilimilk ir - 1 4 1 b !1 . 1, _ ~ DURANT AVENUE 4 1 ., (ELECTR~CAL) (MECHAI~L CHASE) (STAIRS) 61 -1 1 GCE i GCE (StoRAGE) 1 1 -1- 1 1 - 11%2- " 1 1- - 2~6 P D--11- . 1 III' --- -t I -- 11 It - -- - DAI~ING B~AR ~'E~DENCES / b h 1 l 1 ~ UF=7919.13 :. if ,...A - Wigati) .I--_-1~.--fr'.-In- ---- -. - - 0 . 2 Lt 22 r.Â·Z -2 n ZE Tr Z- Tr 7- 7 -r .1 2- 7. 77 Er .7 -7 2-7 .. 2-7 7 1 - U- 2- 11 - 7- m .. 22 32 0 2 -lt .7 -- ft = = .. .. = = = = . Ii/NNA . 1 DEAN AVENUE ! GCE GCE 1 ~ " Â· 1 1 (IVIECHANICAL CHASE) (STAIRS) i 1 GCE GCE ' LCE PH-20 KEYMAP i j (PARKING) (MECHANICAL SHAFT) 1 1 (PARKING/STORAGE) 1 1 SCALE 1%=10 7 UF=7908.14 ! 1 i JUF=7908.14 ~ 1 1 Fli. -_ .-- ~ - -- - - + ____ ~~~*~__-1_ -__-___ ~~~__* ._ r F j SOUTH ELEVATION WEST ELEVATION #alise' 4297% 1 , 1 #AUKO U ~t,f~ 3#997~1* 1 GRAPHIC SCALE ' 7~ 1 1~ GEO*#REY~~~~uil!044" SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS DATED . i , 2016 ( IN FEET) Â£1~NIU:*' 1 14 502 MAIN STREET, SUITE A3 -- - -- -- -- - ~ 1 inch =10ft , .64 NOTICE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL . . ' , ACTION BASED upoN ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS CARBONDALE, COLORADO 81623 AFTER YOU FIRST DISCOVER SUCH DEFECT INNOEVENTMAYANYACTION ' (970) 704-0311 ' BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 1 1-1 YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON sb 13120 2016-08-30 G:\2013\13120\Survey DWGs\Condo\13120_CONDO_06 dwg 1 0 : 1 rl ~I--Ill---.Il'.--I.'Ill./.Il.lilli.Il---I.I.ill--Ill-/Ill=./.-.I 159 of_ _ n-- - 1 - 0 -1 10 .,-, . k , , V , 133H1.S H08Â¥NON Pit n County, CO PLAT BK 115 PG 85 4%9 6, 60 4. 41 G ie ATTACHMENT 11 Certification of Ownership, along with Special Warranty Deed and Statement of Authority CERTIFICATION OF OWNERSHIP The undersigned, Richard Y. Neiley, Jr., an attorney licensed to practice law in the State of Colorado, Colorado Attorney Registration No. 9878, hereby certifies as follows: 1. The owners of all of the fractional interests in Unit PH-20, Dancing Bear Residences Aspen, are Illinois Avenue LLC, Indiana Avenue LLC, New York Avenue LLC, North Carolina Avenue LLC, Pacific Avenue LLC, Pennsylvania Avenue LLC, Tennessee Avenue LLC and Vermont Avenue LLC, Colorado limited liability companies 2. The property is identified by Pitkin County Assessor's Parcel ID No. 273513106016. The owners purchased the property interests by Special Warranty Deeds, recorded as follows: Illinois Avenue LLC Reception No. 634331 Indiana Avenue LLC Reception No. 634321 New York Avenue LLC Reception No. 634324 North Carolina Avenue LLC Reception No. 634357 Pacific Avenue LLC Reception No. 634343 Pennsylvania Avenue LLC Reception No. 634354 Tennessee Avenue LLC Reception No. 634351 Vermont Avenue LLC Reception No. 634347 A representative Special Warranty Deed is appended hereto, along with a Statement of Authority identifying Mediterranean Avenue LLC as the entity authorized to act on behalf of the owners. 3. There are no mortgages, judgments, liens, easements, contracts or agreements affecting the use and development of the subj ect real properly that would conflict with the determinations requested for the property. 4. The address of the property is Unit PH-20, Dancing Bear Residences Aspen, 219 East Durant, Aspen, Colorado 81611. A 5. There are no mineral reservations and there ar~ no third parties who own any mineral interests in the subject real property. 6. There is legal access to the subject real pro#*ty tia East Durant Avenue, a public right of way. - REHARD Y. NEILEY, JR. STATE OF COLORADO - ) ) SS. COUNTY OF GARFIELD ) The foregoing Certificate of Ownership was acknowledged and signed before me this c~Â£~/clay of March, 2017, by RICHARD Y. NEILEY, JR. WITNESS my hand and official seal. My commission expires: 6*-4 4/0- /30 1 CONNIE A. WOOD \ l.__t,PL/4/1.40 6( i AL. 0.149 NOTARY PUBLIC STATE OF COLORADO ~ Notary Public NOTARY ID #19944009825 1 M Commission Explrer June 24,2018 ~ Im I I lill ill i illl 1 illi il I 1 lil li l ili State Documentary Fee Date: December 05, 2016 Special Warranty Deed $ 200.00 (Pursuant to 38-30-115 C.R S.) THIS DEED, made on December 05, 2016 by CHART HOUSE PROJECT OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY Grantor(s), of the County of PrrKIN and State of COLORADO for the consideration of ($2,000,000.00) *** Two Million and 00/100 *** dollars in hand paid, hereby sells and conveys to INDIANA AVENUE LLC, A COLORADO LIMITED LIABILrrY COMPANY Grantee(s), whose street address is 623 EAST HOPKINS ASPEN, CO 81611, County of PITKIN, and State of COLOIt.ADO, the following real property in the County of Pitkin, and State of Colorado, to wit: SEE ATrACHED "EXHIBIT A" also known by street and number as: 219 EAST DIIRANT AVENUE (INTEREST PH-20B) ASPEN, CO 81611 with all its appurtenances and warrants the title against all persons claiming under the Grantor(s) except SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN. CHART HOUSE PROJECT OWNER, LLC, A DELAWARE LIMITED LLABILITY COMPANY RANDALL BONE AND/OR DIRK. GOSDA, AS MANAGER<S) OF DB ASPEN MANAGERS, LLC, AS AUTHORIZED AGENT OF CHART HOUSE PROJECT OWNER, Il.C, A DELAWAREIJMITED LIABILrrY COMPANY KIMBERLY J, PARHAM ~ NOTARY PUBLIC State of COLORADO j SWE OF COLORADO NOTARY ID 20124022396 1 1 County of PITKIN ) :MY COMMISSION EXPIRESAPRIL 26,2020 The foregoing instrument was acknowledged before me on this day of December 05, 2016 by RANDALL BONE AND/OR DIRK GOSDA, AS MANAGER(S) OF DB ASPEN MANAGERS, LLC, AS AUTHORIZED AGENT OF CHART HOUSE PROJECT OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY Witness my hand and official seal. , My commission expires #170|7070 46,7-Â»7Â» /NotLry Public When Recorded Return to: INDIANA AVENUE LLC, A COLORADO LIMITED LIABILITY COMPANY 623 EAST HOPKINS ASPEN, CO 81611 CITY OF ASPEN CITY OF ASPEN WRETT PAID HRETT PAID DATE REP NO. DATE REP NO. \74<1,0 f)1 11- 6-ftâ‚¬ j j 46/ 14 Al, 6* s j u5 i Land Title Form 13773 10/2010 swd.open.rev.odt Special Warranty need Open (Photographic) QG2007898 {26951247} (14WI COMUN~ EXHIBIT A PARCEL A FRACTIONAL INTEREST PH-20B, CONSISTING OF AN UNDIVJDED ONE-EIGHTH (1/8) INTEREST AS TENANTS-IN- COMMON IN RESIDENCE PH-20, DANCING BEAR RESIDENCES ASPEN, ACCORDING TO THE AMENDED AND RESTATED CONDOMINIUM MAP RECORDED SEFIEMBER 19, 20161N PLAT BOOK 115 AT PAGE 64 AND AS DEFINED AND DESCRIBED IN THE .AMENDED AND RESTATED CONDOMINIUM DECLARATION RECORDED SEPTEMBER 19, 2016 UNDER RECEPTION NO. 632277, TOGETHER WITH THE EXCLUSIVE RIGHT TO POSSESSION AND OCCUPANCY OF A COMPARABLE RESIDENCE DURING THE RESIDENCE WEEKS RESERVED BY THE OWNER PURSUANT TO THE AMENDED AND RESTATED RULES, REGULATIONS AND RESERVATION PROCEDURES RECORDED SEPTEMBER 21, 2016 UNDER RECEPTION NO. 632372, COUNTY OF PIIKESTATE OF COLORADO. PARCEL B TOGETHER WITH A TUNNEL EASEMENT RECORDED NOVEMBER 19, 2014 AS RECEPTION NO. 615516 AND FIRST AMENDMENT RECORDED MAY 20, 2016 AS RECEFnON NO. 629496. COUNTY OF PrrKIN, STATE OF COLORADO. Form 13773 10/2010 swd.open.rev. ode Special Warranty Deed Open (Photographic) Q62007898 {26951247} EXHIBIT B Pmperty-Address: 219 EAST DURANTAVENUE UNTEREST PEI-20B) ASPEN, CO 81611 RIGHT OF WAY FOR DUCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNHED STATES PATENT RECORDED AUGUST 26, 1949 IN BOOK 175 AT PAGE 298. RIGHT OF PROPRIETOR OF AVIUNOR LODEFO EXTRACTAND REMOVE HIS ORE EMEREFROM SHOULD THE SAME BE FOUNDTO PENETRAIE ORINTERSECT THE PREMI5ES AS RESERVED IN UN11ED STATES PATENT RECORDED AUGUST 26, 1949 IN BOOK 175 AT PAGE 298. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAINAFORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARrrAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH INAPPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO TILE EXTENT THAT SAID COVENANT OR RESTRICTIONIS PERMITZED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MARCH 16, 1987, IN BOOK 531 AT PAGE 345. NOTE: THE ABOVE EXCEPrION MAYBE DELETED UPON RESOLUTION OF THE CrrY OF ASPEN i EVIDENCING WAIVER OR RELEASE, AS PROVIDED FOR THEREIN. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 48 (SERIES 2003) APPROVING ASUBDIVISION EXEMPTION LOT SPLIT FOR LOrS 1 AND 2 OF THE PROPERTY TO BE KNOWNAND DEDICAIED AS THE CHART HOUSE LOT SPLIT RECORDED NOVEMBER 06,2003 AT RECEPTION NO. 490830, rERMS, CONDITIONS AND PROVISIONS OF ORDJNANCE NO. 32 APPROVING THE CHART HOUSE LODGE FINAL PLANNED UNIT DEVELOPMENT RECORDED OCTOBER 11, 2005 AT RECEPTION NO. 516050. EASEMENTS, RIGHTS OF WAY,AND ALL OTHER MATTERS AS SHOWN ON THE FINALPUD AND SUBDIVISION PLAT OF THE CHART HOUSEI,ODGE RECORDED FEBRUARY 17, 2006 UNDER RECEPTION NO. 520960. EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATIERS AS SHOWN ON 11IE AMENDED AND RESTATED CONDOMINIUM MAP OF THE DANCING BEAR RESIDENCES ASPEN RECORDED SEPTEMBER 19, 2016 IN PLAT BOOK 115 AT PAGE 64. CONDOMINIUM DECLARATION FOR DANCING BEAR RESIDENCES ASPEN. WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS ORRESTRICTIONS, IFANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SETFORTH INAPPLICABLE STATE, OREEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMIUTED BY APPLICABLE LAW, AS CONTAINED IN AMENDED AND RESTATED CONDOMINIUM DECLARATION RECORDED SEPTEMBER 19, 2016 UNDER RECEPTION NO. 632277. TERMS, CONDITIONSAND PROVISIONS OFAMENDED AND RESTATED RULES, REGULATIONS AND RESERVATION PROCEDURES RECORDED SEPTEMBER 21, 201G AT RECEPTION NO. 632372. TERMS, CONDITIONS AND PROVISIONS OF PUD AGREEMENT RECORDED FEBRUARY 17, 2006AT RECEPTION NO. 520961 ANDAMENDMENT TO PUD AGREEMENT RECORDED JUNE 30, 2011 UNDER RECEPTION NO. 580889 AND SECOND AMENDMENT TO PUD AGREEMENTRECORDED DECEMBER 1, 2014 AS RECEPTION NO. 615709 AND INSUBSTANTIALPUD AMENDMENT RECORDED MAY 22, 2015 AS RECEPTION NO. 620089 AND INSUBSTANTIAL PUDAMENDMENT RECORDED OCTOBER 14, 2015 AS RECEPTION NO. 624103. TERMS. CONDITIONS AND PROVISIONS OF ENCROACHMENT LICENSE AGREEMENT RECORDED JUNE 11, 2007AT RECEPTION NO. 538776. Form 13100 08/2008 52exhibit.eserow.odt Q6200789B {26951248} TERMS, CONDMIONS AND PROVISIONS OF REVOCABLE ENCROACHMENT LICENSE APPLICATION RECORDED JANUARY 16, 2013 AT RECEPTION NO. 596212. TERMS. CONDITIONS AND PROVISIONS OF SUCCESSORDECLARANT STATEMENT RECORDED AUGUST 01, 2011AT RECEPT[ON NO. 581564AND AMENDED AND RESTATED SUCCESSOR DECLARANT STATEMENT RECORDED FEBRUARY 1, 2012 UNDER RECEPTION NO. 586367 AND ASSIGNMENT OF DECLARANT RIGHTS RECORDED MARCH 1, 2012 UNDER RECEPTION NO. 587133 AND PARTIAL ASSIGNMENT AND ASSUMPTION OF DECLARANT RIGHTS RECORDED SEPTEMBER 12, 2016 UNDER RECEPTION NO. 632140. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE CITY OF ASPEN, NO. 20, SERIES OF 2014 RECORDED SEPTEMBER 15, 2014 AS RECEPITON NO. 613528AND RERECORDED SEPTEMBER 15, 2014 AS RECEPTION NO. 613530 AND RE;RECORDED JANUARY 29, 2015 AS RECEPTION NO. 617006. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF TUNNEL EASEMENT RECORDED NOVEMBER 19, 2014 AS RECEPTION NO. 615516 AND FIRSTAMENDMENT RECORDED MAY 20, 2016 AS RECEPTION NO. 629496. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF NOTICE OF APPROVAL FROM THE CITY OF ASPEN RECORDED NOVEMBER 21,2014 AS RECEPTION NO. 615603. TERMS, CONDITIONS: PROVISIONS AND OBLIGATIONS OF TRENCH, CONDUITAND VAULTAGREEMENT WITH IIOLY CROSS ENERGY RECORDED AUGUST 7, 2015 AS RECEPTION NO, 622248, TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RIGITY OF WAYAGREEMENT RECORDED AUGUST 7, 2015 AS RECEPTION NO. 622250 AND RERECORDED MAY 17,2016 AS RECEPTION NO. 629409. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ENCROACHMENT AGREEMENT RECORDED JUNE 9, 2016 AS RECEPTION NO. 629868. Form 13100 08/2008 b2exhibit.escrow.odt Q62007898 {26951248} Ill 11111 l'111111111111111111111 Ill STATEMENT OF AUTHORITY (Â§38-30-172, C.R.S.) 1. 'Ihis Statement of Authority relates to an entityi named i INDIANA AVENUE LLC, A COLORADO LIMITED LIABILITY COMPANY 2. 1he type of entity is a: : Corporation Registered Limited Liability Partnership Nonprofit Corporation Registered Limited Liability Limited Partnership X Limited Liability Company Limited Partnership Association General Farmership Government or Governmental Subdivision or Agency Limited Partneiship Trust 3, The entity is formed under the laws of COLORADO 4, The mailing address for the entity is 623 EA;ST HOPKINS, ASPEN, CO 81611 5, The X name X position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is MEDITERRANEAN AVENUE LLC, A COLORADO LIMITED LIABILITY COMPANY 6. The authority of the foregoing person(s) to bind the entity: X hz not limited is limited as follows: 7, Other matters concerning the manner in which the entity deals with interests in real pIoperty: 8, This Statement of Authorily is executed on behalf of the entity pursuant to the provisions of Â§38-30-172, C.R.S 7 9, This Statement of Authori.ty amends and supersedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity. (Signature and Nomo, Acknowledgment on Second Page) 1 This form should not be used unless the entity is capable of holding title to real property. 2 The absence of any limitation shall be prima facie evidence that no such limitation exists. 3 The statement of authority must be recorded to obtain the bene fits of the statute, Land Title Form 13759 03/2005 soaodt Q62007898 {26951244} pglof2 CLUU!Al""In)'AN' 141 Executed this day of %UNd.11 84 /4 t MARK FRIEDI-Ut~Ii AS MANAGER OF MEDITERRANEAN AVENUE LLC, A COLORADO LIMrrED LIABILITY COMPANY. AS MANAGER OF INDIANA AVENUE LLC, A COLORADO LIMITED LLABILIY COMPANY State of COLORADO ) )SS County of PITKIN ) The foregoing instrument was acknowledged before me this ~A â‚¬13 of DÂ«#n-.~A 1 ~ 6 by MARK FRIEDLAND, AS MANAGER OF MEDITERRANEAN AVENUE LLC, A COLORADO LIMITED LIABILITY COMPANY, AS MANAGER OF INDIANA AVENUE LLC, A COLORADO LIMITED LIABILIY COMPANY Wilness my hand and official seal 4/70 120-20 . _tlv;*'( My commission expires: 'r T ' Notary Public WHEN RECORDED RETURN TO: INDIANA AVENUE LLC 623 EAST HOPKINS ASPEN, CO 81611 1 KIMBERLYJPARHAM~ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124022396 IE-99MMMI?NWIR-4-APR<98,2821?~ Form 13759 03/2005 soa.odt Q62007898 {26951244} pg 2 of 2 Â·1~64 6~)~~ ATTACHMENT 12 Authorization Letter MEDITERRANEAN AVENUE LLC c/o Aspen Starwood LLC 623 East Hopkins Avenue Aspen, CO 81611 (970) 920-1280 February 24, 2017 City ol- Aspen Community Development 130 South Galena Street Aspen, CO 81611 RE: Dancing Bear Residences, Iw,dge Unit PH20 219 East Durant, City of Aspen State of Colorado - Paxel ID No. 2735131O6016 Dcar Sir/Madam; Please accept this letter as authorintion for Richard Y. Neiley, Jr. and the Neiley l.aw Firm. LLC, 420 East Main Street Suite 240. Aspen, Colorado 81611. aspenlaw@nuilevlaw.com. to represent Mcditcrninean Avenue LLC and the owners of all fractional interests in thc above- referenced property in connection with a I.and Use Application for Administrative Determination regarding the applicability of Chapter 26.575.020.F.4.00 of the City of Aspen Land Use Code to 1hc patio/deck for Lodge Unit PH20, Dancing Bear Residences. MEDITERRANEAN AVENUE LLC By: ~Mark Fricdland~Mii;Iager of Mediterranean AvenisEE[C. Manager or Illinois Avenue LLC. Indiana Avenue LLC, New York Avenue I.1.C, North Carolina Avenue LI,C, Pacific Avenue LLC, Pennsylvania Avenue LLC, 1-ennessee Avenue LLC and Vermont Avenue LLC, all Colorado limited liability companies 111 lillill'11111111111111111111111 STATEMENT OF AUTHORrrY (Â§38-30-172, C.R.S.) 1.. This Statement of Authority relates to an entityl named INDIANA AVENUE LLC, A COLORADO LIMITED LIABILITY COMPANY 2. The type of entity is a: Corporation F- Registered Limited Liability Partnership Nonprofit Corporation Registered Limited Liability Limited Parmership X Limited Liability Company Limited Parmerslip Association General Parmerslip Government or Governmental Subdivision or Agency Limited Partnership Trust 3. The entity is formed under the laws of COLORADO 4, The mailing address for the entity is 623 EAST HOPKINS, ASPEN, CO 81611 5, The X name X position of each person authorized to execute instmments conveying. encumbeling or otherwise affecting title to real property on behalf of the entity is MEDITERRANEAN AVENUE LLC, A COLORADO LIMITED LIABILITY COMPANY 6. The authority of the foregoing berson(s) to bind the entity: X. is2 not limited is limited as follows: 7, Other matters concerning the manner in which the entity deals with interests in real property: 8, This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Â§38-30-172, C.R.S.3 9, This Statement of Authority amend& and supersedes in all respects any and' all prior dated Statements of Authority executed on behalf of the entity. (Signature and Notary Acknowledgment on Second Page) 1 This form should not be used unless the entity is capable of holding title to real properly 2 The absence of any limitation shall be prima facie evidence that no such limitation exists. a The statement of authority must be recorded to obtain the benefits of the statute. Lanel Title Ponn 13759 03f2005 soa.odt Q62007898 {26951244} pglof2 (UaMNTEECOMIÂ·,HY 141- Executed this day of buÂ»lu~ 841)/4 1â‚¬ARK FRIEDUNII AS MANAGER OF MEDITERRANEAN AVENUE LLC, A COLORADO I.,IMITED LIABILITY COMPANY, AS MANAGER OF INDIANA AVENUE LLC, A COLORADO LIMITED LIABILIY COMPANY State of COLORADO ) )SS County of PITKIN ) 61 The foregoing instrument was acknowledged before me this / - day of 0/447&444 cO~/*7 by MARK FRIEDLAND, AS MANAGER OF MEDI'nERRANEAN AVENUE LLC, A COLORADO LIMITED LIABILITY COMPANY,AS MANAGER OF INDIANA AVENUE LLC. A COLORADO LIMITED LIABILIY COMPANY Witness my band and official seal, My commission expires: U /'tb l'Uno I liNotary Public WHENRECORDEDRETURNTO: INDIANA AVENUE LLC 623 EAS'f HOPKINS 1 -KiMBERLYJ.R4RHAMI ASPEN, CO B1611 NOTARY PUBLIC STATE OF COLORADO NOTARY iD 20124022396 IMYCOMMISSION EXPIRES APRIL 28, *120~ Form 13759 03/2005 soa.odt Q62007898 {26951244} pg 2 of 2 RECEIVED MAR 1 6 2017 DEVEL084 ATTACHMENT 15 Fee Agreement , AETAIN FOR PERMANENT RECORD CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTM T P i. Agreement to Pay Application Fees D FFi Z An agreement between the City of Aspen ("City") and ....4 Property mâ‚¬& Al'Â« Clneavi #49/WE LU, Phone No.: CorD . 465 - 131% Owner ("1') :40<-~reckl,NdoUANK.ov:*1,6 Enhiaspeâ€¢\Aw e,Med.116Â£93(DYM Address of 2-19 â‚¬'bolaNG* 0 04 Billing Property: A Address: 6â‚¬2)01\1%\Adbat 92/* 1 ~ (Subject of T1694,0 ,~ 9161 1 (send bills here ) GA.Q4wbbe 'Vse'v cD I) 60 \ application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedentto determining application completeness. I understand thatas the property owner that I am responsible forpayingall fees for this developmentapplication. For flat fees and referral fees: I agree to pay the following fees for the services indicated. [ understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible atthis time to know the full extent ortotal costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed bil[ ing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. Ihave read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. 1 agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. ]f actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafterstated. $ 66-9 - deposit for ~~...00Â· hours of Community Development Department stafftime. Additional time above the deposit amount will be bi]led at$325.00 perhour. $ deposit for hours of Engineering Depiltrri~t staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: PropQrty,Owner: 1 Y Med<'1*Â«AA 96%,all Lt-0 6 Jessica Garrow, AICP â‚¬ itu-i'to*1 5 #f el*14 Community Development Director Name: Â»01Â· ble,&4 44\ City Use: Title: Fees Due: $ Received $ March, 2016 Citv of Aoen I 130 S. Galena St. I (9701 920 5050 CITY MAR 1 6 2017 RECEIVED RECEIVED MAR 1 6 2017 CITY OF ASPEN COMANTy DEVELOPMENT ATTACHMENT 13 Pre-Application Conference Summary AtcEIVE' MAR 1 6 2017 CITY OF ASPEN 'EN coSOJEOF wzs, PRE-APPLICATION CONFERENCE SUMM~T,DEVELL,WEN PLANNER: Jim Pomeroy DATE: February 21, 2017 PROJECT: 219 E. Durant, Chart House Lodge PUD REPRESENTATIVE: Rick Neiley DESCRIPTION: The applicant is requesting an administrative determination regarding the applicability of a Section of the Land Use Code, Chapter 26.575.020.F.4.10 Permanent Rooftop Amenities, to a deck for a lodge unit in the Chart House PUD. This lodge unit is the heights lodge unit'in the building. It is part of a project that received its original approvals in 2005, and a later extension of vesting rights until June 30, 2014. In the interim the project applied for a building permit and the project was completed in 2015. In December of 2016, the representative's client applied for a building permit to remodel the top unit and add permanent improvements on the wrap around deck. The zoning officer, with input from the planning staff, made several determinations. He determined that; a) Because the original project was finished, and the vesting had expired, the new permit needed to be judged under the current Land Use Code at the time of permit submittal, b) That the wrap around deck was considered a "roof-top" deck because it was built on top of living space, and c) that because it was a roof-top deck, it was subject to the provisions of height and setback in 26.575.020.F.4.k), Permanent Rooftop Amenities. It is these three points that the applicant is asking for an Administrative Determination on. Administrative Determinations are a land use application that must be submitted for consideration by the Planning Director. Below are links to the Land Use Application form and Land Use Code. Land Use Application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/AppsÂ°/020and%20Fees/LandÂ°/020Use %20Application%20Form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Commu nitv-Development/Plan ninq-a nd-Zon inq/Title- 26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.575.020.F.4 Calculations and Measurements, Allowed Exceptions to Height Limitations Review by: Staff for complete application and determination Planning Fees: $650 - for two hours of Staff Review time. Referral Fees: $325 for one hour of review time if needed. Total Deposit: $650 (additional/lesser planning hours are billed/refunded at a rate of $325/hour; any needed referral hours over one hour are billed at a rate of $325/hour) To apply, submit one copy of the following information: "13 m Completed Land Use Application and signed fee agreement. [3 Pre-application Conference Summary (this document). El Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the, parcely and demonstrating the owner's right to apply for the Development Application. E Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. E HOA Compliance form (Attached) 0 An 8 1/2" by 11' vicinity map locating the parcel within the City of Aspen. Once the application is deemed complete by staff, the following items will then need to be submitted: m Total deposit for review of the application. Â£ A digital copy of the application provided in pdf file format, Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. RECEIVED MAR 1 6 2017 CITY OF ASPEN COMMJNnY DEVELOPMENT ATTACHMENT 14 Homeowners Association Compliance Policy Permit No, COMMUNITY DEVELOPMENT DEPARTMENT .. Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed bv the propertv owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Proper-ty: ADJ~; U AM, P\4 - 2.0 'DoÂ·At,B& Bea,v Re, i JDWO Als'BAN &,4 6.130â‚¬02tb Ave ) fb"tu et) 1, the property owner, certify as follows: (pick one) [J This property is not subject to a homeowners association or other form of private covenant. ~tÂ® This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. E This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: Owner printed name: 4 Attorney signature: date: 2.-jUE ~/3 Attorney printed name: L tidkadl], bl,eol~Pr, November, 2014 City of Aspen I 130 S. Galena St. I (970) 920-5090 421 THE CITY OF AspEN Land Use Application Determination of Completeness Date: March 14,2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 219 E. Durant (Dancing Bear mountainside), Administrative determination and have reviewed it for completeness. 3 Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdfofthe entire application. 4 2) Review deposit of $650.00 Â·v~ 3) One additional hard copy of the application. < Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thanklfou. Jennifer PhÂ¢ia)i, DeputyllanninglIrector City of AsAff. Community Development Department For Office Use Onlv. Qualifying Applications: Mineral Rights Notice Required New PD Yes No X. Subdivision, or PD (creating more than I additional lot) GMQS Allotments Residential Affordable Housing Yes - No-1~Â»--- Commercial E.P.F. Lodging 1-786 /031 0~0 16 3 *f Permits Do 23 Â· 2011 . FPL l-Ut Â· file Edit Record Navigate Fgrm Reports Format Iab Help ~ o i @3 0< R v 4 9741 0 I A E' i ill Â¢19 13 21 8-& ill I > 4 -El *1 1 lump 1 -,1 10108 .'IMEX m 1 1 5ij el #1 4**1 Â£3 Â© 1 i ~ @ (39 021 L.~ .4 . 4 WiN ~~ 11 Â§; _~Ai~1 Custom Fields |Roubng Status I Fee Summart | Acbons Roubng Mistory 2 Pdmittypeth siu : Aspen Land Use Permit# 0023.2017.ASLU Â·'*t c i. Address 219 E DUPANT iÂ·Â·Â· Apt/Suite 4 22 11 I Cil# ASPEN State CO ly Zip 81â‚¬11 . :. Iff 9%Â»*V - Permit Infbrmation ~ . Â·'.im,Â·.Â· 4 -,0->% 44â‚¬ I . I Master permit Rouung queue as#15 Applied 03/20/2017 1 v Project Statlm pending Approved 1 Description APPLICATION FOR 219 DURANT (DANCING BEAR MOUNTAINSIDE} 11 % 1 Issued Closed/Final .ji: | Submitted RICK NEILEY 928 9393 Clock Ru nning Days ~~~~~~~| Expires 03/15/2018 ~ 4~ , Submitted via r 6% Owner Last name MEDITERRANEAN.AVENUE L First name 623 E HOPKINSAVE .ASPEN CO 81611 Phone (970} 920-1280 Address 3 Applicant rk ' 8 Owner is applicant? El Contractor is applicant? ,*~2 Last name MEDITERPANEAN.AVENUE L First name 623 E HOPKINSAVE wa I ASPEN CO 81611 4 i Address Phone (970) 920-1280 Cust * 30:97 Email Lender Last name First name Phone (} - Address _*1~Aspendold5 Isâ‚¬url -1[Ungelds - I jff T __* ..E C+L * 21 * 7-0 Â»Nat . 62 46 5-b .00 723-1 Â¥ Â·20 f26 &Lt 4 I saloN 10!n~ ~ xoqlooll I sd ~*y ~793*~2 I