HomeMy WebLinkAboutLand Use Case.330 E Main St.0048.2008.ASLU~.
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0048.2008.ASLU
NO PARCEL
330 E. MAIN STREET
ANDREA HINGLEY
INSUBSTAINIAL PUD AMENDMENT
SUNNY VANN
11 /10/2008
CLOSED BY Angela Scorey on 03/18/2009
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Pemiil Type alto -Aspen LaM Use Permit # 0098.2008.A9LD
AdMeas 330 E MAIN ST _zJ Aq/Suite
Crty ASPEN Slate CO ~ Zip 816tt J
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Master Permit-~ Roulhg Queue aslu07 Applied 10120(2008 J
Protect ~ Status pending APWOVed IJ
Description STAFF APPROVALS 9NSUBSTANTIAL PLANNED UNIT DEVELAPMENT JFUD~ Issued ~J
AMENDMENT
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9uhmilled SUNNY VANN 925-6956 ~
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Last Name CLP-ELYSIAN ASPEN OWNEf ~ Full Name ~ 430 W ERIE ST
Phone ~ SUITE 501
CHICAGO IL 60610
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Last Name CLP-ELYSIAN ASPEN OWNEIJ First Neme~ 430W ERIE ST
Phoro~ Cus[#
929 J SUITE 501
CHICAGO IL 60610
Larder -
Last Name ~ $J First Name
Phone r-
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AspenGoW(bl EdR
Check # 1138
LCP-Elysian Aspen; LLC. 430 W. Erie Street. Suite 501. Chicago, IL 60610
$735.00
Receipt # 24533
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 3 D~ C ~ ~~"~ ~~
Aspen, CO
STATE OF COLORADO )
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County of Pitkin )
I, ~ Y \~ ~~ ~C ~ ~ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that
I have complied with the public notice requirements of Section 26.304.060 (E) or Section
26.306.010 (E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fourteen (14) days
after final approval of a site specific development plan. A copy of the publication is
attached hereto.
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fifteen (15) days after
an Interpretation has been rendered. A copy of the publication is attached hereto.
SC-~`"~~
Signat e
The foregoing "Affidavit of Notice" was acknowledged before me this / 7 day
of n/Ot/eGt~bw'l , 2008, by s
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: DX (v ~D(, ~
Notazy Public
ATTACHMENTS: ~
LAURA
COPY OF THE PUBLICATION MEYER
My Commission Expires 0811012010
y cm of Aspen '
Publishetl in the As en Times Weekly on Novem
bar 16,2W6. (2545]51)
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: October 24, 2008
Dear City of Aspen Land Use Review Applicant, ~ 3v'
We have received your land use application and reviewed it f completeness. The case number
and name assigned to this property is 0048.2008.ASLU (3 0 E. Main - Hotel Jerome. The
planner assigned to this case is Andrea Hineley.
^ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
1.
2.
3.
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and aze to the satisfaction of the City of Aspen Planner reviewing the
land use application.
-~-Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
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.
Th c~ou,
ennifer Phe at ,Deputy Director
City of Asp ,Community Development Department
C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Land Use Cases\Completeness Letter
Land Use.doc
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VANN ASSOCIATES, LLC
Planning Consultants
October 17, 2008
HAND DELIVERED
Mr. Chris 13endon, Director
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: The Hotel Jerome Insubstantial PUD Amendment
Dear Chris:
Please consider this letter an application for an insubstantial PUD amendment for The
Hotel Jerome Planned Unit Development (see Exhibit 1, Pre-Application Conference
Summary, attached hereto).
The application is submitted pursuant to Section 26.445.100.A. of the Aspen Land
Use Regulations (the "Regulations") by CLP-Elysian Aspen, LLC (hereinafter
"Applicant"), the owner of the property (see Exhibit 2, Title Policy). Permission for
Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as
Exhibit 3. Aland use application form and an application fee agreement are attached
as Exhibits 4 and 5, respectively.
Background
In December of 2006, the Ciry Council adopted Ordinance No. 42, Series of 2006,
which amended the Hotel Jerome's prior PUD approvals. The amendment approved
an extensive renovation of the existing Hotel, an expansion of its existing net leasable
area, the reconfiguration and renovation of its Main Street and Mill Street courtyards,
and the elimination of a prior condition that a portion of its parking garage be
reserved for Hotel employees. The amendment also approved the renovation of the
existing Cortina Lodge to meet the Hotel's additional affordable housing mitigation
requirements.
The Historic Preservation Commission ("HPC") granted final development plan
approval for the Hotel's renovation pursuant to Resolution No. 37, Series of 2006,
which was also approved in December of 2006. Minor development approval for the
230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310
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Mr. Chris Bendon
October 17, 2008
Page 2
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renovation of the Cortina Lodge was granted by the HPC in March of 2006 pursuant
to Resolution No. 6, Series of 2006.
A final PUD development plan and a PUD agreement for the project were recorded in
January of 2007. As Article I, paragraph 1.2 of the agreement indicates (see Exhibit
6), the 2006 amendment essentially superseded all prior land use approvals pertaining
to the Hotel. The agreement incorporated all pertinent provisions of City Council
Ordinance No. 42 and HPC Resolutions No. 6 and 37. In the event of any conflict
between the agreement and the ordinance and/or resolutions, the agreement governs.
Proposed Amendment
At the time of the 2006 PUD amendment, the Hotel Jerome contained 92 guest
rooms. Approval, however, was granted for the conversion of an existing office area
and a fitness room to two guest rooms. A total of 94 guest rooms was approved in
1986 and this total was confirmed in the 2006 amendment (see Article II, paragraph
2.2 and Article III, paragraph 3.1 of the agreement). No affordable housing mitiga-
tion was required for the two additional guest rooms as mitigation was provided in
1986. As Article III, paragraph 3.3 of the agreement indicates, affordable housing
mitigation was only required in connection with the proposed expansion of the Hotel's
net leasable commercial area. The additional mitigation is to be provided at such time
as a building permit for the overall renovation of the Hotel is requested.
The Hotel Jerome was purchased by the Applicant subsequent to the 2006 amendment
approval. While the extensive renovation proposed by the Hotel's former owner is
presently on hold, the Applicant would like to proceed with the conversion of the
office area to a guest room as contemplated in the prior amendment approval. The
area in question is depicted as room number 213 on the attached Existing Second
Floor Plan (see Exhibit 7). The proposed reconfiguration is depicted in Exhibit 8.
Arguably, no further amendment to the Hotel Jerome PUD is required to accommo-
date the proposed conversion of the existing office area to a guest room. This
insubstantial PUD amendment, however, is being requested to clarify that the various
conditions contained in the 2007 PUD agreement need not be met in connection with
the conversion, and that no affordable housing mitigation is required therewith. The
conversion is limited to the interior of the room in question and HPC approval is not
required.
Review Requirements
Pursuant to Section 26.445.100.A. of the Regulations, the Community Development
Director may approve an insubstantial amendment to a final PUD development plan
~..
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Mr. Chris Bendon
October 17, 2008
Page 3
subject to certain requirements. The specific requirements, and the proposed amend-
ment's compliance therewith, are summarized below.
1. The proposed amendment does not change the use or character of
the development.
The proposed amendment does not change the use or character of the develop-
ment.
2. The proposed amendment does not increase overall coverage of
structures on the land by greater than three (3) percent.
The proposed amendment does not increase the Hotel's site coverage.
3. The proposed amendment does not substantially increase trip
generation rates or the demand for public facilities.
The proposed amendment does not increase trip generation rates or the demand
for public facilities.
4. The proposed amendment does not reduce the approved open space
by greater than three (3) percent.
The proposed amendment will not reduce the project's approved open space.
5. The proposed amendment does not reduce the approved off-street
parking and loading space by greater than one (1) percent.
The proposed amendment will no[ reduce the project's approved parking or
loading space.
6. The proposed amendment does not reduce the required pavement
widths or rights-of-way for streets and easements.
No reductions in pavement widths or street rights-of-way are proposed.
7. The proposed amendment does not increase the approved gross
leasable floor area of commercial buildings by greater than two (2) percent.
The proposed amendment does not increase the Hotel's net leasable commer-
cial area.
,..
Mr. Chris Bendon
October 17, 2008
Page 4
8. The proposed amendment does not increase the approved residential
density of the development by greater than one (1) percent.
This criteria is not applicable as the Hotel does not contain a residential
component.
9. The proposed amendment does not involve changes which are
inconsistent with a condition or representation of the project's original approval
or which requires granting a variation from the project's approved use or
dimensional requirements.
As discussed above, the proposed conversion of the existing office area to a
guest room was approved in connection with the 2006 PUD amendment. No variation
in the Hotel's approved use or dimensional requirements is proposed.
Should you have any questions, or require additional information, please do not
hesitate to call. Given the ministerial nature of the requested amendment, your timely
review would be sincerely appreciated. The Applicant would like to complete the
conversion this fall if at all possible.
Yours truly,
cc: John Merrill, Lodging Capital Partners
Richard de Campo, Bill Poss and Associates
d:\oldc\bus\ciry.app\app53908.ins
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EXHIBIT
9
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429-2759 DATE: 9/24/08
PROJECT: The Hotel Jerome, 330 E. Main Street
OWNER: CLP-Elysian Aspen Owner, LLC
REPRESENTATIVE: Sunny Vann
TYPE OF APPLICATION: Insubstantial Planned Unit Development (PUD) Amendment
DESCRIPTION: The prospective applicant would like to convert an existing manager's
office into a rentable lodging unit in the hotel. Currently there aze 92
existing rooms and Ordinance No. 6 (Series of 2006) allows a maximum of
94 rooms. Ordinance No. 6 outlines a number of requirements that need to
be met in order to apply for a building permit, but staff has determined that
these requirements aze associated with the large remodel proposed for the
hotel and aze not associated with the subject office/hotel room conversion.
According to the applicant's representative, previous approvals allowed for
the 94 rooms and any employee mitigation associated with the total allowed
number of rooms has been accomplished. The applicant should provide
documentation verifying that no employee mitigation is required as part of
the application.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.445.100 A. Planned Unit Development -Insubstantial Amendment
Review by: -Staff for complete application
- Referral agencies for technical considerations
- Community Development Director (for administrative decision on the
amendment request, unless it is determined that the application does not
qualify as an insubstantial amendment).
Public Hearing: No
Planning Fees: $705.00. Deposit for 3 hours of staff time (additional staff time required is billed
at $225 per hour)
Total Deposit: $735.00
Total Number of Application Copies:
Administrative Insubstantial PUD Amendment: 2 Copies
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative
authorized to act on behalf of the applicant.
3. Street address and legal description of the parcel on which development is proposed to
occur, consisting of a current certificate from a title insurance company, 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
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affecting the pazcel, and demonstrating the owner's right to apply for the Development
Application.
4. Completed Land Use Application.
5. Signed fee agreement.
6. Pre-application Conference Summazy.
7. An 8 1/2" x 11"vicinity map locating the subject parcel within the City of Aspen.
8. Proof of ownership.
9. Existing and proposed site plan, floor plans and elevations, as applicable.
10. A written description of the proposal and a written explanation of how a proposed
development
complies with the review standazds relevant to the deve]opment application.
11. All other materials required pursuant to the specific submittal requirements.
12. Applications shall be provided in paper format (number of copies noted above) as well as
the text only on either of the following digital formats. Compact Disk (CD)-preferred,
Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily
convertible to Word is acceptable.
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.
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SCHEDULE A-04VNER'S Pt7LICY
EX B T
Z
CASE NUMBER DATE OF POLICY AMOUNT OF 1MSURANCE ROLICY NUMBER
PCT21324L3 May 25, 2007 C~ 12:20 PM $54,000,000.40 A75-2089838
1. NAME OF INSURED:
LCP-ELYSIAN ASPEN OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED Tp HEREIN IS AT DATE OF POLICY VESTED IN:
LCP-ECYSIAN ASPEN OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY
4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PI7KIN, STATE OF
COLORADO AND IS DESCRIBED AS FOLLOWS:
See Attached Exhibft "A"
Countersigned:
Authorized officer or agent
I'1'IKIN COUNTY 9TTl1„ tNC.
601 E. k10P1C1.NS At`E.
RSPFN, COLORAF.xJ Blbil
{atol vzs-7a6&/ IgraLAr-ssza Fa
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH 7HE PREPRINTED NUMBER ON THE COVER SHEET.
CASE NUMBER
PCT21324L3
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SCHEDULE 8-OWNERS
DATE OF POLICY
May 25, 2007 @ 12:20 PM
POLICY NUMBER
R75-2089838
THIS POLICY DOES NOT ENSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Rights or claims of parties in possession notshown bl' the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disGose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished. imposed by law
and not shown by the public records.
5. Water rights, claims or title to water.
6. Taxes for the year 2007 not yet due or payable.
7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 521
(Affects Parcel A) and Book 59 at Page 15, 159, 199, 200, 262 and 492 (Affects Parcel 8}, providing as fo8ows:
'Thatno true shad be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim
ar possession held under existing laws".
8. Terms, condiifons, provisions and obligations asset forth in Notice of Historic Designation recorded January 13,
1975 in Book 295 at Page 515 and Ordinance 9, Series of 1982 recorded April 30, 1982 in Book 425 at Page 904.
(Affects Parcel B)
9. Teens, conditions, provisions, obligations and all matters as set forth in Ordinance No. 60, Series of 1976 by
recorded in Book 321 at Page 51. {Affects Parcel A)
14. Easements, rights of way and all matters as disclosed on the Hotel Jerome Lot Line Adjustment and Subdivision
Exemption Ptat rewrded June 12, 1991 in Plat Bodk 26 at Page 52. and Hotel Jerome Planned Unit Development
recorded January 30, 2007 in Plat Book $2 at Page 42. (Affects Parcel B)
11. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 5, Series of 1983 recorded
May 17. 1983 in Book 445 at Page 81.(Affects Parcel B)
12. Terms, conditions, provisions and obligations as set forth in Encroachment Agreements recorded March 5, 1992
in Book 671 at Page 33. (Affects Parcel 8) and recorded October 20, 2005 as Reception No. 516494 (Affects
Parcel A).
13. Terms, conditions, provisions, obligations and all matters as sat forth in Resoluton of the Aspen Historic
Preservation Commission recortletl May 19, 2006 as Reception No. 524233 as Resolution No. 5, Series of
2006.(Affects Parcel 8)
14, Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Planning and
Zoning Commission recorded October 26, 2006 as Reception No. 530238 as Resolution No. 20 (Series of 2006}.
(Affects Parcel B)
15. Terms, condtions, provisions, obligations and ai! matters as set forth in Resolution of the Aspen Historic
Preservation Commission recorded January 25, 2007 as Reception No. 533744 as Resolution No, 37, Series of
2006. (Affects Parcel $}
(Continued}
POLICY NO. A75-ZO$9838
CASE NO. PCT21324L3
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SCHEDULE B-OWNERS -EXCEPTIONS--CONTINUED-
16. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance Na. 42, Series of 2006 by
Aspen City Council recorded January 30, 2007 as Reception No. 533926. (Affects Parcel B}
17. Terms, conditions, provisions and obligatons as set forth in 2007 Hotel Jerome PUO Agreement recorded
January 30, 2007 as Reception No. 533928. {Affects Parcel B}
1$. Rights or claims of tenants as tenants only, with no option to purchase or rigfits of first refusal.
19. Deed of Trust from : LCP-ELYSIAN ASPEN OWNER, LLG, A DELAWARE LIMITED LIASIUTY COMPANY
To the Public Trustee of the County of PITKIN
For the use of : MORGAN STANLEY MORTGAGE CAPITAL INC.
OriginalAmount $48,000;000.00
Dated :May 24, 2007
Recorded :May 25, 2007
Reception No. :538266
20. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by
Financing Statement from LCP-ELYSIAN ASPEN OWNER, LLC, debtor to MORGAN STANLEY MORTGAGE
CAPITAL INC., secured party, Recorded May 25, 2007 as Reception No. 538268.
EXCEPTIONS NUMBERED 1, 2 ,3 ANO 4 ARE HEREBY DELETED
EXHIBIT "A"
LEGAL DESCRiFTIt~N
PARCEL A:
LOTS P AND (.~,
BLOCtC 73,
CITY AND TOWNSITE OF ASPEN
PARCEL B
A parcel of land situated in the City and Townsite of Aspen, Coorado, being all of tots A, B, C; D, E, F, G, H, I, O, P, O, R,
S, and the East 20.00 feet of Lot N, all in Block 79, together with the East 170.00 feet of the Alley in said Block 79, Vacated
by Ordinance No. 1 {Series of 1951) of the City of Aspen, Colorado, according to the Hotel Jerome Lot Line Adjustment
and Subdivision Exemption Plat filed June 12, 1991 at Reception No. 331521, in Plat Book 26 at Page 52, also described
as follows:
Beginning at tfie Southeast Comer of said Block 79 {An aluminum disk marked "16129 McBride");
thence N 75°09'11" W 170.78'feet along the Northeasy line of East Main Street to the Southwest Comer of the East 20.00
feetrof Lot N;
thence N 14°56'49" E i 00.00 feet abng the West .line of the East 20.00 feet of Loth;
thence S 75°09'11" E, 0,75 feet abng the South line of the Alley in said Block 79 to the. West side of the Vacated portion of
the AIIey in saidBlodc 79;
thence N 14°50'49" E 20.39 feet along the West side of the Vacated portion of the Alley in said Block 79;
thence N 75°09'17" W 161..40 feet abng the North line of the Alley in said Block 79;
thence N 14°5D'49" E 100.D0 feet abng the East line of North Monarch Street to d,e Northwest Comer of said Block 79;
thence S 75°09'11" E 271.40 feet along the South line of East Sleeker Street to the Northeast Comer of said Block 79;
thence S to°50'49" W 119.39 feet along the West line of North Miil Street;
thence S 75°09'11" E 0.50 feat;
thence 514°50'49" W 100.70 feet;
thence N 75`09'11" W 0..50 feet;
thence S 14°50'49" W 0.30 feetfo the point of beginning.
TOGETHER WITH Encroachment Agreemerrts recorded March 5, 1992 in Book 671 at Page 33 (Affects Parcel B) and
October 20, 2005 as Reception No. 516494 {Affects Parcel A).
September 30, 2008
City of Aspen
130 S Galena St.
Aspen, CO 81611
Re: Hotel Jerome PUD Amendment Application
Representative Authorization
To Whom It May Concern:
Please accept this letter as authorization for representation in relation to the Insubstantial
Planned Unit Development Amendment Application. The following is our authorized
representative in this matter:
Sunny Vann
Vann Associates, LLC
230 East Hopkins Avenue
Aspen, CO 81611-1938
P: 970-925-6958
Sincere ,
r
_ ~
Steve Kisielica
Authorized Person
asu w one Suite SOI, Chicago, IL 606]0
Phone: 312.229. ] 600 Fax: 312.229.1611
www lodeingcapital com
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EXHIBIT
LAND USE APPLICATION
APPLICANT:
Name: _~~-~G~~~~~y~ «~
Location: ~/~/?^ ~ /,~.~/~/• j7' ~,f ~ ~,6
(Indicate street address, lot & bloc number legal description where appropriate)
ParcellD # (RE UIRED)
REPRESENTATP/E'
Name: ~L~~ ~ /~/~ Y /~/~ jx--~' ~iGG
Address: 23d ~95T .y~ii~"S/.v5 .g~.t~' /~ c~ ff/Ci/
Phone#: ~ZcS^~f~' `J$
PROJECT:
Name: y~-~..-~~'~u~ ~i~l~C3fjd~~iCo%G~jL' /~j
Address: ~/~/~//'.~/~~
Phone #:
TYPE OF APPLICATION: (please check all that apply):
^ Conditional Use ^ onceptual PUD
^ Conceptual Historic Devt.
^ Special Review Final PUD (& PUD Amendment) ^ Final Historic Development
^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt.
^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition
^ GMQS Exemption ^ Subdivision
^ Historic Designation
^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/
Mazgin, Hallam Lake Bluff, condominiumi7ation) Expansion
Mountain View Plane
^ Lot Split ^ Temporary Use ^ Other:
^ Lot Line Ad~ustment ^ TexUNIa Amendment
EXISTING CONDITIONS: descri bon of existin buildin s, uses, revious a royals, etc.)
G_~~ -g7/ac,/
PROPOSAL: (descri tion of ro sed buildin s, uses, modifications, etc.)
H~avf'~ou attached the following? FEES DUE: $ ~~
v~ Pie-Application Conference Summary
~'Attac #1, Signed Fee Agreement
R nse to Attachment #3, Dimensional Requirements Fonn
esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds
Oct. 13. 2008 9:31AM
VFW ~ ASSOCIATES
EXHIBIT
S
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPART
Aeteement for Pa ent of Ciri of Aa ea Development ~oulication Feea
CITY OF ASPEN (hereinafter CITY) and ~.~ ~~-~9~~~y(/ ~G
(hereinafter APPLICANT) AGREE AS FOLLOWS:
CITY,
(hereinafter, THE PRO,i13CT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a
condition precedent to a detetznination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascettaln the full extent of the costs involved itt processing the
application. APPLICANT and CITY further agree that it is in the interest of the parties thaz APPLICANT
make payment of an initial deposit and to thereafter permit additional cows to be billed to APPLICANT on
a monthly basis. APPLICANT agrees additional costs may accrue following their beatings and/or
approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the CITY when they are necessary as costs ate incurred. CITY
agrees it will be benefited through the greater certainty of recovering its full costs to process
APPLICANT'S application.
4. CITY end APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to Ute Planning Commission and/or City Council to enable the
Planning Cotnntission and/or City Council to make legally required findings for project consideration,
unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a detemtinazioa of application completeness, APPLICANT shall pay an initial
deposit in the amount of $~ which is for 3 hours of Community Development staff
time, and if acme( recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly
billings to CITY to reimbwse the CITY for the processing of the application mentioned above, including
post approval review at a rate of $220.00 per planner hour over the initial deposit Such periodic payments
shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building penniu be issued
until all costs associated with case processing have been paid.
CTfY OF ASPEN
Chris Bendon
Community Development DireMor
g:~supportlformslagrpayas. doc
11/30/04
APPLICA _ ~ ~ `
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Date: ~p / 3 0 ~ __
Billing Address and Telephone Number:
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IUIII VIII IIIIII IIII IIIIII IIII IIIIIII III VIII IIII IIII 0 3 09 e 8 ez: zaI
JfiNICE K VOS CRUDILL PITKIN COUNTY CO R 116.00 D 0.00
2007 HOTEL JEROME PUD AGREEMENT
EXHIBIT
~v
THIS 2007 HOTEL JEROME PUD AGREEMENT (the "2007 PUD Agreement") is
made and entered into this.3 C)C) day of , 2007, by and between THE CITI' OF
ASPEN, COLORADO, a municipal co oration (hereinafter referred to as "City', and
HOTEL JEROME, INC., a Delawaze corporation (hereinafter referred to as "Owner"),
WITNESSETH:
WHEREAS, Owner has submitted to the City an application (the "Application") for a
PUD Amendment to permit the renovation of the Hotel Jerome property located at 330 East
Main Street in Aspen, Colorado, said property being more particulazly described as Lots A-I and
Lots 0-S and the Easterly 20 feet of Lot N and the Easterly 170 feet of the vacated alley, all in
Block 79, City and Townsite of Aspen, Pitkin County, Colorado (the "Hotel Jerome Propert}~'),
and the renovation of the Cortina Lodge property described as Lots P and Q, Block 73, City and
Townsite of Aspen, Pitkin County, Colorado (the "Cortina Lodge Property") (collectively, the
"Property"), which application requests the approval and recordation of a Hotel Jerome Final
PUD Development Plan and related documents (collectively, the "Final PUD Development
Plan"); and
WHEREAS, City has fully considered the Application, the Final PUD Development
Plan, the proposed development and improvement of the Property, and the effects of the
proposed development and improvement of said Property on adjoining or neighboring properties
and property owners and on the Aspen community; and has determined that the development
proposal set forth in the Application meets or exceeds all applicable development standards and
that the approval of the Application, with conditions, is consistent with the goals and elements of
the Aspen Area Community Plan; and
WHEREAS, City has imposed certain conditions and requirements in connection with its
approval of the Application and its approval and recordation of the Final PUD Development
Plan, such matters being necessary to protect, promote and enhance the public welfaze; and
WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform
the conditions and requirements imposed by City in approving the Application and the Final
PUD Development Plan; and
WHEREAS, under the authority of Sections 26.445.070.0 and 26.480.070. C and D
of the Aspen Municipal Code, City is entitled to certain financial guazantees to ensure (i) that the
required improvements to the public right-of--way aze installed and (ii) that the required
landscaping is implemented and maintained, and Owner is prepazed to provide such guazantees
as hereinafter set forth; and
WHEREAS, contemporaneously with the execution and recording of this 2007 PUD
Agreement, City and Owner have recorded the Final PUD Development Plan as Reception
c ~y p
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ILL PITKIN COUNTY CO R 116.00 D 0.00
No. ~~ / z~ 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 and the approval and acceptance for recordation by City of the Final PUD
Development Plan, and for other good and valuable considerations, the receipt and sufficiency of
which aze hereby acknowledged, the parties agree as follows:
ARTICLE I
PURPOSE AND EFFECT OF 2007 PUD AGREEMENT
1.1 Purnose. The purpose of this 2007 PUD Agreement is to set forth the complete
and comprehensive understanding and agreement of the parties with respect to the renovation of
the Hotel Jerome and the Cortina Lodge and to enumerate all terms and conditions under which
such renovations may occur.
1.2 Effect. It is the intent of the parties that this 2007 PUD Agreement shall
effectively supersede and replace in their entirety certain previously recorded plats, PUD
agreements, protective covenants, and land use approvals that encumber the Hotel Jerome
Property and/or the Cortina Lodge Property, including without limitation those matters identified
in Article VI below (collectively, the "Prior Instruments and Approvals"), and City and Owner
agree to cooperate in the execution and recording of such documents as may be necessary or
appropriate to accomplish the vacation and/or termination of said Prior Instruments and
Approvals. The parties anticipate that these recordings will take place contemporaneously with
the recording of the Final PUD Development Plan. However, a delay in the recording of any
such vacation/ternunationdncuments shall not affect or delay the recording of this 2007 PUD
Agreement or the Final PUD Development Plan. A11 prior land use approvals associated with the
Hotel Jerome Property that aze not identified as Prior Instruments and Approvals in Article VI
below shall remain unmodified hereby and in full force and effect.
ARTICLE II
ZONING AND REGULATORY APPROVALS
2.1 Approval Ordinance and Resolutions.
(a) Pursuant to Ordinance No. 42 (Series of 2006) adopted on December 11,
2006, the Aspen City Council granted final approval of a PUD Amendment for the Hotel
Jerome including an extensive renovation of the existing Hotel Jerome, an expansion of
the Hotel's existing net leasable commercial azea, the reconfiguration and renovation of
the Hotel's Main Street and Mill Street courryazds, and the elimination of a prior
condition that a portion of the Hotel's parking gazage be reserved for Hotel employees.
The PUD Amendment also approved the renovation of the existing Cortina Lodge to
meet the Hotel's employee housing mitigation requirements.
(b) Pursuant to Resolution No. 37 (Series of 2006) adopted on December 13;
2006, the City of Aspen Historic Preservation Commission (the "HPC") granted final
development plan approval for the contemplated renovation of the Hotel Jerome.
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(c) Pursuant to Resolution No. 6 (Series of 2006) adopted on Mazch 8, 2006,
the HPC granted minor development approval for the renovation of the Cortina Lodge.
(d) This 2007 PUD Agreement incorporates all of the pertinent provisions of
Ordinance No. 42 and HPC Resolution Nos. 6 and 37. In the event of any inconsistency
between the provisions of Ordinance No. 42, HPC Resolution No. 6 and/or HPG
Resolution No. 37, and the provisions of this 2007 PUD Agreement, the provisions of
this 2007 PUD Agreement shall control.
2.2 Dimensional Requirements for Hotel Jerome. Ordinance No. 42 established
and approved the following dimensional requirements for the Hotel Jerome PUD:
(a) Minimum Lot Size
(b) Minimum Lot Area Per Dwelling Unit
(c) Maximum Allowable Density
(d) Minimum Lot Width*
(e) Minimum Front Yazd Setback*
(f) Minimum Side Yazd Setbacks*
(g) Minimum Reaz Yazd Setback*
(h) Maximum Height
(i) Minimum Distance Between Buildings
(j) Minimum Percent Open Space*
(k) Trash Access Area
(I) Allowable Floor Area
Commercial:
Lodge Units:
Other:
(m) Minimum Off-Street Pazking
47,735 sq. ft.
N/A-No Dwelling Units
94-Lodge Units
170 feet
None
None
None
54 feet at Northeast Corner of
Existing Building
N/A-Single Structure
Per Existing Conditions
Per P&Z Resol. No. 8-86
114,934 sq. ft.
15,985 sq. ft.
59,214 sq. ft.
39,735 sq. ft.
47 spaces
Per Land Survey Plat dated October 24, 2006 to be recorded with
Final PUD Development Plan
2.3 Vested RiEhts. Under Development Order of the City of Aspen Community
Development Department issued January 5, 2007 with an effective date of January 14, 2007 {the
"Development Order"), the right to undertake and complete the development and use of the
Hotel Jerome Property and the Cortina Lodge Property pursuant to the temvs and provisions of
this 2007 PUD Agreement and the Final PUD Development Plan is vested until January 14,
2010, and shall not be altered, impaired, diminished or delayed by any subsequent zoning or land
use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In
accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public
hearing concerning the establishment of such vested rights for the Property was conducted on
December 11, 2006. As authorized by CRS Section 24-68-102(4)(a), City and Owner agree that
the site specific plan for the Property consists of and includes, but is not limited to, the number,
pemvtted size, and configuration of the Hotel's lodge units, the commercial areas, the pazking
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spaces, and the other spaces and azeas in the Hotel Jerome; the number, permitted size, and
configuration of the affordable housing units and the other spaces and areas in the Cortina
Lodge; the number of employees mitigated by the Cortina Lodge; and all other matters set forth
in Ordinance No. 42 (Series of 2006), HPC Resolution Nos. 6 and 37 (Series of 2006), the Hotel
Jerome Final PUD Development Plan recorded~(.5~{/fj~~ , 2007 as Reception No.
~39~~this 2007 Hotel Jerome PUD Agreement, and all other documents and plans
recorded concurrently therewith. For purposes of this Section 2.3, this 2007 PUD Agreement
shall be considered a "development agreement" as that term is used in CRS Section 24-68-
104(2).
ARTICLE III
DEVELOPMENT REQUII2EMENTS AND RESTRICTIONS -HOTEL JEROME
3.1 Hotel Jerome Comnonent. The renovated Hotel Jerome will contain (i) 94 lodge
units containing a maxnnum of 59, 214 squaze feet of floor area, calculated in accordance with
the City's floor azea regulations in effect on January 5, 2007 (the date of the Development
Order), which floor azea regulations aze attached hereto as Exhibit A and made a part hereof by
this reference (the "Floor Area Regulations"), (ii) 14,891 squaze feet of net leasable commercial
azea, (iii) 47 pazking spaces located in the Hotel gazage, and (iv) various back-of--house facilities
and azeas containing a maximum of 39,735 squaze feet of floor azea. The prior requirement that
27 of the Hotel's on-site parking spaces be reserved for Hotel employees is hereby fully and
forever waived and terminated.
3.2 Cortina Lodge Component.
(a) The renovated Cortina Lodge will contain (i) four (4) studio units in the
Lodge's one-story structure, ranging from 264 squaze feet to 299 squaze feet of net
livable azea, (ii) four (4) two-bedroom dormitory suites with a shazed bath and individual
closets in the Lodge'stwo-story structure, ranging from 535 squaze feet to 659 squaze
feet of net livable azea, and (iii) a common kitchen, dining azea and laundry. The net
livable azeas set forth above aze approximations only, and the fmal unit sizes will be in
substantial conformity therewith. City hereby approves the foregoing variation of the.
Aspen/Pitkin County Housing Authority ("APCHA") minimum size requirements for
Category 1 units. The renovated Cortina Lodge shall be credited with housing 21
employees.
(b) The eight (8) affordable housing units in the Cortina Lodge (the
"Affordable Housing Units") must be deed restricted to APCHA's Category 1 income
and occupancy rental guidelines, and a Certificate of Occupancy must be issued therefor,
before a Certificate of Occupancy will be issued for the Hotel Jerome renovation. The
deed restriction will be in substantial conformity with the form of Deed Restriction
attached hereto as Exhibit B and made a part hereof by this reference. The Deed
Restriction provides that any units not rented to Hotel Jerome employees maybe rented
to any employee that qualifies under APCHA Guidelines.
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(c) The Declaza6on of Covenants, Restrictions and Conditions for the Cortina
-Lodge recorded December 15, 1988 in Book 581 at Page 332; Resolution No. 1 (Series of
1987) of the Aspen City Council recorded June 6, 1990 in Book 622 at Page 347; and the
Amendment to Cortina Declaration of Covenants, Restrictions and Conditions recorded
June 12, 1991 in Book 648 at Page 373, will be deemed fully and forever terminated
upon the recording of the new Deed Restriction on the Affordable Housing Units, a copy
of which is attached hereto as Exhibit B.
(d) Unless a different arrangement is worked out with the City, and only to the
extent necessary to comply with applicable Colorado law, at the time of recording of the
deed restriction Owner will convey aone-tenth of one percent interest in the Cortina
Lodge Property to APCHA. Said one-tenth of one percent interest is hereinafter referred
to as the "APCHA Interest". The conveyance of the APCHA Interest shall be expressly
subject to the understanding and agreement of Owner and APCHA that (i) ownership of
the APCHA Interest only gives APCHA the right to enforce the deed restriction on the
Affordable Housing Units, and does not give APCHA any authority or rights that aze not
specifically set forth in the deed restriction, (ii) in all other respects, APCHA shall be
deemed to have no ownership interests, rights or responsibilities in connection with the
Affordable Housing Units or the Cortina Lodge Property, and the record owner of the
remaining interest in the Cortina Lodge Properly shall have full right and authority to
lease, encumber, or otherwise deal with the Cortina Lodge Property and the Affordable
Housing Units therein as if such owner held a 100 percent ownership interest therein,
(iii) APCHA shall have no liability to third persons arising solely out of its ownership of
the APCHA Interest, and Owner (and any successor or assign of Owner in the ownership
of the Cortina Lodge Property) shall indemnify APCHA and the City from and against
any claims, liabilities, losses, damages, fees or expenses arising solely out of the
ownership of the APCHA Interest, and (iv) the APCHA Interest will be conveyed to the
then record owner of the remaining interest in the Cortina Lodge Property if and when
the Colorado legislature or a court of competent jurisdiction legalizes the imposition of
rent restrictions on affordable housing units.
(e) Owner reserves the right to provide substitute affordable housing for the
affordable housing being provided in the Cortina Lodge, subject to the prior approval of
the City of Aspen.
3.3 Affordable HOllsinE Miti¢ation. The renovated Hotel Jerome's additional net
leasable commercial azea will require affordable housing mitigation for a total of 1.42
employees, one (1) of which will be housed at the renovated Cortina Lodge. The remaining 0.42
employees will be mitigated by a cash-in-lieu payment by Owner to the City prior to issuance of
a Building Permit for the Hotel renovations. The amount of such payment shall be calculated
based on an average of APCHA's Category 2 and Category 3 payment-in-lieu fees in effect at
the time of Building Permit submittal..
3.4 Construction in Accordance with Plans and HPC Resolutions.
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(a) Hotel Jerome. The Hotel Jerome renovation, and all of its component
parts, shall be accomplished in substantial compliance with the Hotel Jerome Final PUD
Development Plan and with all azchitectural plans and elevations, utility plans, drainage
plans, and landscape plans that aze recorded contemporaneously with the recording of
this 2007 PUD Agreement. In addition, the Hotel Jerome renovation shall comply with
the conditions of approval set forth in HPC Resolution No. 37 (Series of 2006), to wit:
(i) .All replacement windows on the ground floor must be of wood.
Upper floor windows aze permitted to be clad. Cut sheets must be submitted for
review and approval by HPC staff and monitor. If there aze any historic windows
left on the building, they must be repaired and preserved. Tinted glass is not
approved for any of the window units. Detailed drawings of the window openings
proposed to be restored at the sidewalk level on the east fagade must be reviewed
and approved by HPC staff and monitor.
(ii) Awnings are only approved for the J-Baz and "Jerome Shop"
spaces. The proposed awnings must be,redesigned for review and approval by
HPC staff and monitor in order to more closely match the historic awnings. The
awnings for the J-Baz and "Jerome Shop" will be retractable and removable.
Upper awnings must be mocked-up for review and approval or denial by the HPC
Boazd. HPC staff and monitor will review proposed signage.
(iii) Metal balcony railings on the exterior of the building must be
mocked-up for review and approval or denial by the HPC Boazd.
(iv) No new column features or materials that aze inconsistent with the
design of the original columns can be added.
(v) The Final Lighting Plan must be reviewed and approved by HPC
staff and monitor, as set forth in Section 3.8(a) below. The proposed decorative
exterior light fixtures, in particular sconces, must be restudied to be less
contemporary. The HPC Boazd supports a design competition for the pendant
lamp at the Hotel entry, with the understanding that the HPC staff and monitor
must still grant approval.
(vi) Any historic materials must be repaired in place, and to the extent
that portions of the pazapet require reconstruction, it should be based on
documented evidence and photographs of the original appearance.
(vii) All other masonry repairs, including cleaning, repointing,
applicafion of a sealer, etc., will require further information and approval by HPC
staff and monitor.
(viii) The sidewalk treatment must be reviewed and approved by staff
and monitor.
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(ix) There shall be no deviations from the exterior elevations as
approved without first being reviewed and approved by HPC staff and monitor, or
the full HPC Boazd.
(x) These conditions of approval must be printed on the cover sheet of
-the building_permitplan_setand all_other_prints made for the purpose of
construction.
(b) Cortina Lodge. The Cortina Lodge renovation and reconfiguration, and
all component parts thereof, shall be accomplished in substantial compliance with the
azchitectural plans and elevations therefor that aze recorded contemporaneously with the
recording of this 2007 PUD Agreement. In addition, the Cortina Lodge renovation and
reconfiguration shall comply with the conditions of approval set forth in HPC Resoluton
No. 6 (Series of 2006), to wit:
(i) Owner shall provide further information about lighting and any
exterior utilities or conduit for review and approval by HPC staff and monitor
before purchase or installation of same.
(ii) Owner shall retain existing door and window openings wherever
possible, even if such openings aze made non-functional. Revisions shall be
reviewed by HPC staff and monitor.
(iii) Owner shall install a front door on the two-story structure and a
more appropriate window on the laundry room, guided by old photographs if
available.
(iv) There shall be no deviations from the exterior elevations as
approved without first being reviewed by HPC staff and monitor, or by the full
HPC boazd.
(v) These conditions of approval shall be printed on the cover sheet of
the building permit plan set and on all other prints made for the purpose of
constmction.
(vi) Owner shall provide the contractor with a copy of HPC Resolution
No. 6 (Series of 2006), and the contractor shall submit a letter addressed to HPC
staff as part of the building pemut application indicating that all conditions of
approval contained in said Resolution aze known and understood. The contractor
shall also meet with the Historic Preservation Officer prior to applying for the
building permit.
3.5 Guest Transportation. Owner shall provide transportation within the City of
Aspen and Aspen airport pickup and delivery for the guests of the Hotel Jerome. Any vehicle
owned, possessed or operated for such purpose by Owner shall be stored in the Hotel's
underground gazage when not in operation.
3.6 Inventory and Treatment of Interior Features of Hotel Jerome.
(a) Prior to or contemporaneously with submittal of an application for a
building pemvt for the Hotel 7erome renovation, Owner shall submit to the Historic
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Preservation Officer a written inventory of all original features existing within those
interior azeas of the Hotel Jerome that are customarily open to the public, or where the
public is typically invited. The inventory must be accompanied by current photographs,
and copies of any photographs of the interior of the Hotel Jerome available from the
Aspen Historical Society Archives.
(b) The City's Historic Preservation Officer shall review the inventory and
shall verify the completeness thereof. Any overlooked elements that can be documented
as original shall be added to the inventory. The inventory shall also identify the proposed
treatment of the items on the inventory. To the extent there is any disagreement between
Owner and the Historic Preservation Officer, the Owner may appeal the matter to the
City Manager. The City Manager's decision in the matter shall be final, unless such
decision is appealed by the Owner to the City Council, which body shall then conduct a
de novo review of the issue.
(c) Once the proposed treatment is mutually agreed upon by City and Owner,
no changes in treatment shall be allowed without the prior consent of the Historic
Preservation Officer, subject to the appeal rights of Owner described in Section 3.6(b)
above.
3.7 Cortina Lode Historic Landmark Designation. Before a building permit is
issued for the renovation of the Hotel Jerome, Owner shall submit to the HPC an application for
Historic Landmazk Designation for the Cortina Lodge pursuant to Section 26.415.030.B ofthe
Aspen Municipal Code, "Criteria for Listing on Aspen Inventory of Historic Landmazk Sites and
Structures".
3.8 Hotel Jerome Landscaae Improvements.
(a) Owner shall record a Conceptual Landscape Plan for the Hotel Jerome
Property as part of the Final PUD Development Plan, and shall submit a Final Landscape
Plan for the Hotel Jerome Property for review and approval by the City Pazks
Department and the HPC staff and monitor prior to issuance of a building permit for the
Hotel renovation (the "Final Landscape Plan"). Owner shall be responsible for
implementing the Final Landscape Plan, and landscaping improvements shall be
accomplished as subdivision improvements in accordance with Article N of this 2007
PUD Agreement.
(b) All-landscaping in the public right-of--way shall meet the requirements set
forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of--Way,
and shall be approved by the City Pazks Department prior to installation. Before installing
any landscaping or other improvements in the public right-of--way, Owner shall obtain a
Revocable Encroachment License (in the event required) from the City Engineering
Department.
(c) Owner shall obtain a tree removal permit from the Parks Department and
pay the applicable tree removal fee (in the event required) prior to issuance of a building
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permit for the Hotel renovation. The permit shall be submitted with the building pemut
application.
(d) Owner shall install tree saving construction fences azound the drip line of
any trees to be saved on the Hotel Jerome Property as approved by the Pazks Department.
_- -- _._ -- _ The Pazks Department must_inspectand approve_the fence location before any
construction activities commence. No storage of materials, storage of construction
equipment, construction backfill, or foot or vehiculaz traffic shall be allowed within the
fenced drip line. Any work and/or minor excavation for the installation of additional
landscaping, property fences and surface materials located within the drip line protection
zone will be required to be-hand excavation only with no over digging. All work within
the drip line requires oversight from the Pazks Department for approval of soil
amendments, root pruning and grade changes. Excavations outside of the tree protection
zone shall address tree and root protection in the following way: All roots shall be cut
prior to full excavation using a clean sharp pruning saw; all roots will be cut flush with
the exposed soil line; six inches of mulch is required to be placed within the zone of
vegetation protection and maintained at a level of six inches during the entire project;
irrigation of trees is required throughout the entire duration of the project with the
contractor supplying water to the trees at a rate which is appropriate for proper health.
burlap shall be placed over the edge of the excavation covering all freshly cut roots;
contractor will irrigate the burlap with an appropriate amount of water in order to keep
the burlap-moist, preventing the ends of the roots from drying out.
3.9 Utilities.
(a) Owner shall comply with the City of Aspen Water System Standazds, with
Title 25, and with applicable standazds of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City Water
Department.
(b) Owner shall comply with the Aspen Consolidated Sanitation District's
rules and regulations. No cleaz water connections (roof, foundation, perimeter drains)
shall be allowed to ACSD lines. A completed tap permit for service with the District shall
be submitted with the building permit application for the Hotel renovation.
(c) Owner shall comply with all Fire Marshal requirements in connection with
the Hotel renovation.
3.10 Engineerine Requirements and Conditions.
(a) No construction material or dumpsters shall be stored on the publicrights-
of-way unless a temporary encroachment license is obtained from the City Engineer.
(b) Owner shall submit a construcfion management plan to the City
Engineering Department with the building permit application for the Hotel renovation,
and shall abide by any additional construction management requirements in effect when
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the building permit application is filed. The management plan shall include a noise,
fugitive dust control, and construction traffic and constmction pazking management plan
which address, at a m;n;mum, the following issues:
(i) A fugitive dust control plan including proposed construction
fencing, watering of haul roads and disturbed azeas, daily cleaning of adjacent
paved roads, construction speed limits, and other measures necessary to prevent
windblown dust from crossing the property line.
(ii) A description of construction debris hauling routes and associated
impacts on adjoining streets; and
(iii) Construction pazking mitigation. Except for essential trade trucks,
no other personal trucks shall be pazked in the azea azound the site. The City
encourages that site workers be shuttled in from the airport pazking azea.
(iv) Owner shall not track mud onto City streets during construction. A
washed rock or other style mud rack must be installed during construction.
(v) Owner shall abide by all noise ordinances. Construction activity is
limited to the hours between 7:00 a.m. and 7:00 p.m. on Monday through
Saturday.
3.11 Air Ouality Impact Fee. Before a building permit is issued for the Hotel
renovation, Owner shall pay to the City an Air Quality Irnpact Fee in an amount calculated in
accordance with the regulations in effect at the time of building permit submittal.
3.12 Park Develonment Impact Fee. Before a building permit is issued for the Hotel
renovation, Owner shall pay to the City a Park Development Impact Fee in an amount calculated
in accordance with the methodology and fee schedule in effect at the time of building pernlit
submittal. No new bedrooms or commercial space aze being created at the Cortina Lodge, hence
no Park Development Impact Fee is due and payable in connection with that project.
3.13 School Land Dedication Fee. No School Land Dedication Fee is required for
either the Hotel renovation or the Cortina Lodge renovation, as no subdivision of either Property
is occurring or approved.
3.14 Exterior Lighting. All exterior lighting within the Hotel Jerome Property shall
comply with Section 26.575.150, Outdoor Lighting, of the Aspen Municipal Code unless
otherwise exempted by the Community Development Director. A Lighting Plan shall be
submitted for review and approval by the HPC Monitor prior to issuance of a building permit for
the Hotel renovation.
3.15 Building Peruut Matters. Prior to issuance of a building permit for the Hotel
renovation, the following shall occur:
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(a) The primary contractor shall submit a letter to the Community
Development Director and to HPC staff stating that the conditions of approval of the
Hotel renovation have been read and understood including, without limitation, the
conditions set forth in HPC Resolution No. 37 (Series of 2006), and must meet with the
Historic Preservation Officer before submitting the building pernut application.
(b) The primary contractor and/or superintendent shall obtain a specialty
license in historic preservation.
(c) . All tap fees, impact fees, housing fees and building permit fees shall be
paid. If an alternative agreement to delay payment of the Water Tap and/or Pazks Impact
fee is finalized, those fees shall be payable according to the agreement.
(d) Prior to any demolition, Owner shall complete the Building Department's
asbestos checklist and, if necessary, a person licensed by the State of Colorado to perform
asbestos inspections shall conduct an inspection. The Building Department cannot sign
any building permits until submittal of this report. If there is a fording of no asbestos, the
demolition can proceed. If asbestos is present, a licensed asbestos removal contractor
must be retained to remove it.
ARTICLE IV
A. HOTEL JEROME LANDSCAPING IMPROVEMENTS
Owner shall complete the landscaping of the Hotel Property and of the adjoining
publicright-of--way in accordance with the Final Landscape Plan referred to in Section
3.8(a) above, no later than six (6) months following the issuance of a Certificate of
Occupancy for the Hotel renovation. Owner shall be responsible for ensuring the success
of all landscaping installed pursuant to the Final Landscape Plan for a period of two (2)
yeazs following the date of installation, and shall replace any landscaping that fails during
such two (2) yeaz period. Owner or it successors or assigns shall have the right to plant
additional native vegetation within the Hotel Property, as it may consider appropriate
from time to time, without further approvals being required. Before a building pemmt is
issued for the renovation, Owner shall provide the City Engineering Department and the
City Pazks Department with a cost estimate for the proposed landscaping improvements
(including two (2) yeazs of maintenance thereof) prepazed by a landscaping contractor
licensed in the State of Colorado, and the Engineering Departrnent shall approve the cost
estimate.
B. FINANCIAL ASSURANCES
In order to ensure construction and installation of the landscaping improvements
described in Section A above, and to guazantee 125 percent of the approved estimated cost of the
landscaping improvement (including two (2) yeazs of maintenance thereof), Owner shall provide
to the City an irrevocable letter of credit from a fmancially responsible lender in the amount of
the approved estimated cost of such landscaping improvements. Said letter of credit shall be
provided to the City prior to the issuance of a building permit for the Hotel renovation, shall be
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in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the
City the unconditional right, upon default by Owner, to draw funds as necessary and upon
demand to partially or fully complete and/or pay for any of such improvements or pay any
outstanding and delinquent bills for work done thereon by any party, with any excess letter of
credit amount to be applied first to additional administrative or legal costs associated with any
such default and the repair or deterioration in improvements already constructed before the
unused remainder, if any, of such letter of credit is released to Owner.
Provided, however, that Owner shall be given fourteen (14) days' written notice of
default (and the right to cure during said period) prior to the City's ability to make a draw under
the letter of credit. Notwithstanding the foregoing, delays or other problems resulting from acts
of God or other events beyond the reasonable control of Owner shall not constitute a default
hereunder so long as a good faith effort is being made to remedy the problem and the problem is
in fact resolved within a reasonable period of time following its occurrence. As portions of the
improvements required aze completed, the City Engineer shall inspect them, and upon approval
and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of
credit equal to the agreed estimated cost for the completed portion of the improvements;
provided, however, that twenty-five percent (25%) of the estimated cost thereof shall be retained
until the landscaping improvements have been maintained in a satisfactory condition for two (2)
yeazs.
It is the express understanding of the parties that compliance with the procedures set forth
in Article V below pertaining to defaults under and amendments to this 2007 PUD Agreement
shall not be required with respect to the enforcement and implementation of these financial
assurances and guarantees to be provided by Owner as set forth above.
ARTICLE V
NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR
In the event that the City Council determines that Owner is not acting in substantial
compliance with the terms of this 2007 PUD Agreement, the City Council shall notify Owner in
writing specifying the alleged non-compliance and asking that Owner remedy the alleged non-
compliance within such reasonable time as the City Council may determine, but not less than 30
days. If the City Council determines that Owner has not complied within such time, the City
Council may issue and serve upon Owner a written order specifying the alleged non-compliance
and requiring Owner to remedy the same within thirty (30) days. Within twenty (20) days of the
receipt of such order, Owner may file with the City Council either a notice advising the City
Council that it is in compliance or a written petition requesting a hearing 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 2007 PUD
Agreement should be granted with respect to any such non-compliance which is determined to
exist.
iu~~~M~~um~~ii~
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JRNICE K VOS CRUDILL PITKIN CDUNTY CO R 116.00 D 0.00
Upon the receipt of such petition, the City Council shall promptly schedule a hearing to
consider the matters set forth in the order ofnon-compliance and in the petition. The hearing
shall be convened and conducted pursuant to the procedures normally established by the City
Council for other hearings. If the City Council, determines by a preponderance of the evidence
that anon-compliance exists which has not been remedied, it may issue such orders as may be
appropriate, including the imposition of daily fines until such non-compliance has been
remedied, the withholding of permits and/or certificate of occupancy, as applicable; provided,
however, no order shall temunate any land use approval. The City Council may also grant such
variances, extensions of time or amendments to this 2007 PUD Agreement as it may deem
appropriate under the circumstances.
The parties expressly acknowledge and agree that the City Council shall not unreasonably
refuse to extend the time periods for performance hereunder if Owner demonstrates by a
preponderance of the evidence 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 Owner,
despite good faith efforts on its part to perform in a timely manner.
ARTICLE VI
PRIOR INSTRUMENTS AND APPROVALS
6.1 Amended and Restated Planned Unit Development Agreement -Hotel Jerome -
Renovation and Addition recorded September 15, 1986 in Book 518 at Page 921 as Reception
No. 281483.
6.2 Supplemental PUD Agreement -Hotel Jerome recorded June 12, 1991 in Book
648 at Page 376 as Reception No. 333508 and rerecorded July 9, 1991 in Book 650 at Page 952
as Reception No. 334427.
6.3 Amended and Restated Planned Unit Development Plat -Hotel Jerome -
recorded September 15, 1986 in Plat Book 19 at Pag~ and related drawings recorded
contemporaneouslytheyewith.
6.4 Second Amendment to Amended and Restated Planned Unit Development Plat-
Hotel Jerome -recorded July 1, 1991 in Plat Book 26 at Page 89.
6.5 Ordinance No. 70 (Series of 1990) of the Aspen City Council, amending the Final
PUD Development Plan for the Hotel Jerome.
6.6 Declazation of Covenants, Restrictions and Conditions for the Cortina Lodge
recorded December 16, 1988 in Book 581 at Page 332 as Reception No. 307031.
6.7 Amendment to Cortina Declazafion of Covenants, Restrictions and Conditions
recorded June 12, 1991 in Book 648 at Page 373 as Reception No. 333507.
6.8 Resolution No. 1 (Series of 1987) of the Aspen City Council, granting substitution
of Cortina Lodge Employee Units for On-Site Hotel Jerome Employee Units, recorded June 6,
1990 in Book 622 at Page 347 as Reception No. 323313.
13
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0.00
ARTICLE VII
GENERAL PROVISIONS
7.1 The provisions hereof shall be binding upon and inure to the benefit of Owner and
City and their respective successors and assigns.
7.2 This 2007 PUD Agreement shall be subject to and construed in accordance with
the laws of the State of Colorado.
7.3 If any of the provisions of this 2007 PUD Agreement or any paragraph, sentence,
clause, phrase, word, or section or the application thereof in any circumstance is invalidated,
such invalidity shall not affect the validity of the remainder of this 2007 PUD Agreement, and
the application of any such provision, pazagraph, sentence, clause, phrase, word, or section in
any other circumstance shall not be affected thereby.
7.4 This 2007 PUD Agreement and the exhibits attached hereto contain the entire
understanding between the parties hereto with respect to the transactions contemplated
hereunder. Owner, its successors or assigns, may, on its own inifiative, petition the City Council
for an amendment to this 2007 PUD Agreement or for an extension of one or more of the time
periods required for performance hereunder. The City Council shall not unreasonably deny such
petition for amendment or extension after considering all appropriate circumstances. Any such
amendments or extensions of time shall only become effective upon the execution by all parties
hereto that are affected by the proposed amendment.
7.5 Numerical and title headings contained in this 2007 PUD Agreement aze 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 singulaz shall include the plural and the
use of any gender shall include all genders.
7.6 Upon execution of this 2007 PUD Agreement by all parties hereto, City agrees to
approve the Final PUD Development Plan and to accept the same for recordation in the office of
the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fees by
Owner.
7.7 Notices to be given to the parties to this 2007 PUD Agreement shall be considered
to be given if hand delivered or if deposited in the United States Mail to the parties by registered
or certified mail at the addresses indicated below, or such other addresses as may be substituted
upon written notice by the parties or their successors or assigns:
14
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PITKIN COUNTY CO R 116.00 0 0.00
CITY: City of Aspen
City Manager
130 South Galena Street
Aspen, CO 81611
OWNER Hotel Jerome, Inc.
c/o The Broadmoor Hotel
P.O. Box 1439
Colorado Springs, CO 80901
With Copy to: Arthur C. Daily, Esq.
Holland & Hart l.lr
600 East Main Street
Aspen, CO 81611
7.8 This 2007 PUD Agreement may be executed in counterparts, in which case all
such counterparts together shall constitute one and the same instrument which is binding on all
of the parties thereto, notwithstanding that all of the parties aze not signatory to the original or
the same counterpart. Facsimile signatures shall be treated as original signatures hereon.
7.9 The terms, conditions, provisions and obligations herein contained shall be
deemed covenants that run with and burden the Property and any and all owners thereof or
interests therein, their respective successors, grantees or assigns, and further shall inure to the
benefit of and be specifically enforceable by or against the parties hereto, thet< respective
successors, grantees or assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
day and yeaz first above written.
CITY: City of Aspen, Colorado, a Colorado
municipal corporati
By:
Mayor
Attest:
Kathryn S. Koch, City Cler c
APPROVED AS TO FORM:
m orcester, City Attorney
15
OWNER: Hotel Jerome, Inc.
By: 0 f,..
Its: I I
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 30~"day of
2007, by Helen Klanderud as Mayor and Kathryn S: Koch as City Clerk of
e City of en, Colorado, a municipal corporation.
Witness my hand and official seal.
My commission expires: ((~/1 ~/
STATE OF COLORADO )
ss.
COUNTY OFD
The foregoing instrument was acknowledged before me this day of
Ewa, e- 2007, by ~ ~ ,tires\~;,~ as of Hotel
Jerome, Inc., Colorado corporation.
Witness my hand and official seal.
My commission expires: ~ ~ 1'~'LC~
,~~_~~ '~ h,~Q.Q~ A
Notary Public
3646668_2.DOC IIIIIIIIIIIIIIIIIIIII, IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 59 396 8 23
LL PITKIN COUNTY CO III 01/30/2007 02:24F
R 316.00 D 0.00
16
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COUNTY CO R 116.00 D 0.00
Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
EXHIBIT
Sections:
26.575.010 General.
26.575.020 Calculations and measurements.
26.575.030 Open Space.
26.575.040 Yards.
26.575.045 Junk Yard and Service Yards.
26.575.050 Fences.
26.575.060 Utility/trash service areas.
26.575.070 Use square footage limitations.
26.575.080 Child care center.
26.575.090 Home 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 Dormitory.
26.575.170 Fuel storage tanks
26.575.180 Restaurant.
26.575.190 Farmers' market.
26.575.200 Group Homes.
26.575.010 General.
Regulations specified in other sections of this Title shall be subj ect to the following supplemental
regulations.
26.575.020 Calculations and measurements.
The purpose of this Section is to set forth supplemental regulations which relate to methods for
calculating and measuring certain enumerated terms as used in this Title. The definitions of the terms
are set forth at Section 26.104.100.
A. Floor area In measuring floor areas for floor azea ratio and allowable floor azea, the following
applies:
1. General. In measuring floor area for the purposes of calculating floor azea ratio and allowable
floor area, there shall be included that floor area within the surrounding exterior walls (measured
from their exterior surface) of a building, or portion thereof.
2. Deckr. Balconies. Porches. LOpP1aS and Siairwavs. The calculation of the floor area of a
building or a portion thereof shall not include decks, balconies, exterior stairways, terraces and
689 (Aapm Supp. No. 2,4-03)
~. ~~ ` ~..ti
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LL PITKIN COUNTY 00 R 116.00 ~ 0.00
similaz features, unless the azea of these features is greater than fifteen (ls) percent of the maxi-
mum allowable floor azea of the building (the excess ofthe I s% shall be included). Porches shall
not be counted towazds FAR.
3. Garages. Carports and Storage Areas. In al] zone districts except the R-I s-B zone district, for
the purpose of calculating floor area ratio and allowable floor azea for a lot whose principal use is
residential, garages, carports, and storage areas shall be excluded up to a maximum azea of two
hundred fifty (250) squaze feet per dwelling unit; all garage, carport, and storage azeas between
two hundred fifty (2s0) and five hundred (500) square feet shall count fifty (50) percent towazds
allowable floor area; all garage, carport and storage areas in excess of five hundred (500) square
feet per dwelling unit shall be included as part of the residential floor area calculation. For any
dwelling unit which can be accessed from an alley or private road entering at the rear or side of
the dwelling unit, the garage shall only be excluded from floor azea calculations up to two hun-
dredfifty (250) squaze feet pe>• dwelling unit if it is located on said alley or road; all garage, caz-
port and storage azeas between two hundred fifty (250) and five hundred (s00) square feet shall
count fifty (50) percent towards allowable floor area. For the purposes of dete*+nin;ng the exclu-
sion, ifany, applicable to g es carports, and storage azeas, the azea of all structures on a parcel
shall be aggregated. In the 1$ one district, garage, carport, and storage azeas shall be limited to
a five hundred (500) square of exemption
4. Subgrade areas. To determine the portion of subgrade areas that aze to be included in calculat-
ing floor area, the following shall apply:
a. For any story-that is partially above and partially below natural or finished grade, which-
ever islower, the total percentage of exterior surface wall azea that is exposed above the most
restrictive of the grades shall be the total percentage of the gross square footage of the subject
story included in the floor area calculation. Subgrade stories with no exposed exterior surface
wall area shall be excluded from floor azea calculations.
(Example: If fifteen (15) percent of the exterior surface wall azea has been exposed above
natural or finished grade (whichever is lower), then fifteen (1 s) percent of the gross square
footage of the subject story will be included as floor area.)
b. Also excluded from floor azea calculations shall be any portion of a subgrade accessory
dwelling unit whose exterior surface wall azea is exposed above grade for glass, window
openings, doors, and similaz ways of getting light and air into the unit, or that provides re-
quired Uniform Building Code egress to the unit. The maximum amount of this exclusion
shall be one hundred (100) s.f of the floor azea of the accessory dwelling unit.
c. For any dwelling unit that can be accessed from an alley or private road entering at the reaz or
side of the dwelling unit, the garage or carport shall only be eligible for the exclusions described in
sub-sections a. and b. if it is located along said alley or road.
(Aspen Supp. No.1,4-03) 690
~.
~-.
26.575.020
d. In the R-15B zone. district only, garages, carports, and storage areas shall be excluded
from residential floor azea calculations up to a maximum of five hundred (500) square feet per
dwelling unit.
5. (Repealed by Ord. No. 56-2000, § 8)
6. Accessorv Dwelling Units. An Accessory Dwelling Unit shall be calculated and attributed to
the allowable floor azea for a pazcel with the same inclusions and exclusions for calculating Floor
Area as defined in this section, unless eligible for an exemption as described below:
Detached and Dermanently affordable ADUFIoor Area Exemption One hundred (100) per-
cent of the Floor Area of an ADU which is detached from the primary residence and deed re-
stricted as a "For Sale" affordable housing unit and transferred to a qualified purchaser in accor-
dance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be ex-
cluded from the calculation of Floor Area.
7. Linked Pavilion. Any element linking the principal structure to an accessory structure shall not
be included in the calculation of floor azea provided that the linking structure is no more than one
(1) story tall, six (6) feet wide and ten (10) feet long. Areas of linking structl>res in excess of ten
(10) feet in length shall be counted in floor azea.
I IIIIII VIII IIIIII IIII IIIIII IIN (IIIIII III IIIIII III IIII 0 B 0/~20087r023241
,1PNICE K VOS CRUDILL PITKIN COUNTY CO R 116.00 D 0.00
690-1 (asym sw. xa. z, a.os~
... .~
EXHIBIT
I I 533928 ' ~j
I IIIIII VIII II~III IIII IIIIII li~l IIIIIII III IIIIIIIII IIII 01 /30/2007r02324i
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 116.00 D 0.00
OCCUPANCY DEED RESTRICTION AND AGREEMENT
AFFORDABLE HOUSING UNTTS
CORTINA LODGE
THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT (the "Deed
Restriction") is made and entered into this day of , 2007, by and between
HOTEL JEROME, INC., a Delawaze corporation, whose address is c/o The Broadmoor Hotel,
P. O. Box 1439, Colorado Springs, CO 80901 (hereinafter referred to as "Owner"), and the
ASPEN/PITKIN COUNTY HOUSING AUTHORITY, a multi jurisdictional housing
authority established pursuant to the THIRD AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT recorded on January 8, 2003 at Reception No.
477066 in the Office of the Clerk and Recorder of Pitkin County, Colorado (hereinafter referred
to as "Housing Authority").
WITNESSETH:
WHEREAS, Owner is the owner in fee simple of Lots P and Q, Block 73, City and
Townsite of Aspen, Pitkin County, Colorado, on which is situated a renovated structure known
as the Cortina Lodge (hereafter, the "Cortina Lodge"); and
WHEREAS, the Cortina Lodge contains four (4) studio units and four (4) two-bedroom
dormitory suites (each, an "Affordable Housing Unit" and collectively, the "Affordable Housing
Units"), together with a common kitchen, dining azea and laundry, as authorized and approved
by Ordinance No. 42 (Series of 2006) adopted by the Aspen City Council on December 11, 2006
and recorded , 2007 in said records. The Affordable Housing Units aze depicted on
the floor plans attached hereto as Exhibit A and made a part hereof by this reference, and contain
the following net livable azeas, to wit:
Unit Number Unit Type Net Livable Area
Unit 1 Studio squaze feet
Unit 2 Studio _ squaze feet
Unit 3 Studio squaze feet
Unit 4 Studio square feet
Unit 5 2-bdrm. dorm suite square feet
Unit 6 2-bdrm. dorm suite square feet
Unit 7 2-bdrm. dorm suite _ squaze feet
Unit 8 2-bdrm. dorm suite _ square feet
The foregoing variation of APCHA's minimum size requirements for Category 1
Affordable Housing Units was approved by the City of Aspen in Section 10 of said Ordinance
No. 42 (Series of 2006); and
,-~ -..
I IIIIII VIII IIIIII IIII IIIIII IIII IIIIIII III IIIIIII II IIII 5 930/~220087f 02324F
JfiNICE K VOS CRUDILL PITKIN COUNTY CO R 136.00 D 0.00
WHEREAS, in accordance with said Ordinance No. 42 (Series of 2006) and the 2007
Hotel Jerome PUD Agreement recorded , 2007 at Reception No.
in said records; Owner desires by this instrument to deed restrict the use and occupancy of the
Affordable Housing Units to persons who aze employed in Pitkin County (and their families) and.
who_meet_theAualificatiorLguidelines_setforth ilithe~spen/Pitkin County_Affordable,Housing_
Guidelines established and indexed by the Housing Authority on an annual basis (the
"Guidelines"}; and
WHEREAS, as set forth in Pazagraph 1(f and g) of that certain Master Termination
Agreement recorded , 2007 as Reception No. in said records, the
previous Declaration of Covenants, Restrictions and Conditions for the Cortina Lodge recorded
December 16, 1988 in Book 581 at Page 332 as Reception No. 307031, as amended by
Amendment to Cortina Declaration of Covenants, Restrictions and Conditions recorded June 12,
1991 in Book 648 at Page 373 as Reception No. 333507, shall be deemed fully and forever
vacated, terminated, cancelled, released, extinguished null, void, and of no further force or effect
whatsoever upon the recording of this Deed Restriction.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
set forth herein and for other good and valuable considerations, the receipt and sufficiency of
which aze hereby acknowledged, the Owner covenants and agrees as follows:
The Affordable Housing Units shall at all times be rented in accordance with the
terms of this Deed Restriction.
2. The use and occupancy of the Affordable Housing Units shall henceforth be
limited exclusively to housing for persons who are employed in Pitkin County (and their
families) who meet the definition of "qualified Category 1 employee" as that term is defined by
the Guidelines. Owner shall give first priority for occupancy of the Affordable Housing Units to
employees of the Hotel Jerome. Any Affordable Housing Units not rented by Owner to Hotel
Jerome employees may be rented to any "qualified Category 1 employee selected by Owner. If
the Owner does not lease an Affordable Housing Unit to a qualified employee of his own
selection, then the Housing Authority shall select the tenant in accordance with the Guidelines.
Employees shall be qualified by the Housing Authority as to employment, maximum income and
asset limitations.
3. Written verification of employment of employee(s) proposed to reside in an
Affordable Housing Unit shall be completed and filed with the Housing Authority by Owner
prior to occupancy thereof, and such verification must be accepted by the Housing Authority.
4. An Affordable Housing Unit shall be rented for periods of no less than six (6)
consecufive months. Upon vacancy of an Affordable Housing Unit, Owner is granted forty-five
(45) days in which to locate a qualified employee, unless a longer period is authorized by the
Housing Authority. Approval for such additional time may be requested by Owner for repair
and/or refurbishment of an Affordable Housing Unit, for renovation and/or redevelopment of the
Cortina Lodge property, or for an unexpected breach of the lease agreement by the tenant, and
,.,~ --..
I IIII~I VIII IIIIII IIII IIII~I IIII IIIIIII iil IIIIIII II IIII 6 9 0g 089 2324E
JRNICE K VOS CR
such approval shall not be unreasonably withheld or delayed by the Housing Authority. If a
qualified employee is not placed in an Affordable Housing Unit within the above-prescribed
period, the Housing Authority may rent the Affordable Housing Unit to a qualified employee of
its own selection.
5.___-._The_maximum_rentaLtate~oLan 9ffordable_Housing Unitshall not_exceed_the____'~
Category 1 rental rate as set forth in the Rental Guidelines established by the Housing Authority
as part of the Guidelines, subject to annual adjustment as permitted by the Guidelines. The
maximum pemutted rent for the studio units on the date of execution of this Deed Restriction is
$ per month, and the maximum permitted rent for the 2-bedroom domritory suites on the
date of execution of this Deed Restriction is $ per month. Rent shall be verified and
approved by the Housing Authority upon submission and approval of the lease.
6. Each Affordable Housing Unit must meet minimum occupancy requirements as
stipulated in the Guidelines, i.e., one person per bedroom.
7. A written lease agreement shall be executed by Owner and the tenant for each
occupancy of an Affordable Housing Unit, and shall provide for a minimum rental term of
six (6) consecutive months, subject always to the Owner's right to temvnate the lease if the
tenant defaults in the performance of the tenant's obligations thereunder. An executed copy of
the lease shall be provided to the Housing Authority by Owner within ten (10) days of the
Housing Authority's approval of the proposed tenant.
8. The terms and provisions of this Deed Restriction shall constitute covenants
running with the title to the Cortina Lodge property as a burden thereon for the benefit of, and
shall be specifically enforceable by, the Housing Authority, the City of Aspen, Colorado, and
their respective successors and assigns, by any appropriate legal action including, but not limited
to, injunction, abatement, or eviction ofnon-qualified tenants.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
day and yeai first above written.
OWNER: HOTEL JEROME, INC.,
a Delawaze corporation
By:
Its:
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing Deed Restriction was acknowledged before me this day of
2007, by as of Hotel Jerome, Inc., a
Delawaze corporation.
.-~ -^.
Witness my hand and official seal.
My commission expires:
Notary Public
ACCEPTANCE BY HOUSING AUTHORITY
The foregoing Deed Restriction and its terms aze accepted by the Aspen/Pitkin County
Housing Authority this _ day of , 2007.
ASPEN/PTTHIN COUNTY HOUSING AUTHORITY
By:
Chairperson
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing Acceptance was aclo~owledged before me this day of ,
2007, by as Chairperson of the Aspen/Pitkin County Housing
Authority Boazd.
Witness my hand and official seal.
My commission expires:
Notary Public
3fi54258_1.I10C
I ill II IIII) IIIIII IIII IIII I III IIIIII III IIIIII II IIII 019 0/~20087f 02324E
JfiNICE K VOS CgUDILL PITKIN COUNTY CO R 116.00 D 0.00
,~
IIIIIII1IIIlIIIllllll IIIIIII~ IIII~I IIII~IIIIIIIII 59 09 0g ez:zs~
7gNICE K VOS CPUOILL PITKIN COUNTY CO R 21.00 D 0.00
MASTER TERMINATION AGREEMENT
HOT-EL-JE~20ME-PUD
THIS MASTER TERMINATION AGREEMENT (the "Termination
Agreement") is made and entered into as of the ~ day of , 2007, by and
between THE CITY OF ASPEN, COLORADO, a munici corporat n (hereinafter
referred to as "City"), and HOTEL JEROME, INC., a Delaware corporation
(hereinafter referred to as "Owner"),
WITNESSETH:
WHEREAS, pursuant to Ordinance No. 42 (Series of 2006) adopted on
December 11, 2006, the Aspen City Council granted final approval of a PUD
Amendment for the Hotel Jerome Property described in said Ordinance, including an
extensive renovation of the existing Hotel Jerome, an expansion of the Hotel's existing
net leasable commercial area, the reconfiguration and renovation of the Hotel's Main
Street and Mill Street courtyards, and the elimination of a prior condition that a portion
of the Hotel's parking garage be reserved for Hotel employees. The PUD Amendment
also approved the renovation of the existing Cortina Lodge situated on the Cortina
Lodge Property described on said Ordinance to meet the Hotel's employee housing
mitigation requirements; and
WHEREAS, in accordance with said Ordinance No. 42 (Series of 2006), Owner
and City have executed that certain 2007 Hotel Jerome PUD Agreement, which
instrument was recordecLl¢~1.~.rf ~ , 2007 as Reception No.~J6~~ in the
Office of the Clerk and Recorder of Pitkin County, Colorado (the "2007 PUD
Agreement"); and
WHEREAS, Section 1.2 of the 2007 PUD Agreement provides that it is the
intent of the parties thereto that the 2007 PUD Agreement effectively supersede and
replace in their entirety certain previously recorded plats, PUD agreements, protective
covenants, and land use approvals that encumber the Hotel Jerome Property and/or the
Cortina Lodge Property, including without limitation those matters identified in Article
VI of the 2007 PUD Agreement, and further provides that the City and Owner shall
cooperate in the execution and recording of such documents as may be necessary or
appropriate to accomplish the vacation and/or termination of such prior instruments and
approvals; and .
WHEREAS, City and Owner desire by this Termination Agreement to
accomplish the vacation and/or termination of such prior instruments and approvals.
,--- ~-.
111111 III Illlil IIII IIIIN Ilil Illilll I IIIII III II a i 090 9 ez: zsI
.1RNICE K VOS CRUDILL PITKIN COUNTY CO R 21.00 0 0.00
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained and for other good and valuable considerations, the receipt
and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Vacation and Termination of Instruments and Approvals. From and
after the execution and recording of this Termination Agreement by City and Owner,
the following-described recorded PUD agreements, plats, protective covenants, and land
use approvals, and all covenants, agreements, obligations, approvals, conditions,
benefits and burdens set forth therein, shall be and shall be deemed fully and forever
vacated, terminated, cancelled, released, extinguished, null, void, and of no further
force or effect whatsoever, and shall no longer constitute either a burden upon or a
benefit to all or any part of the Property or either of the parties hereto or their
respective successors and assigns, to wit:
(a) Amended and Restated Planned Unit Development Agreement -
Hotel Jerome -Renovation and Addition recorded September 15, 1986 in Book 518 at
Page 921 as Reception No. 281483.
(b) Supplemental PUD Agreement -Hotel Jerome recorded June 12,
1991 in Book 648 at Page 376 as Reception No. 333508 and rerecorded July 9, 1991 in
Book 650 at Page 952 as Reception No. 334427.
(c) Amended and Restated Planned Unit Devel pment Plat -Hotel
Jerome -recorded September 15, 1986 in Plat Book 19 at Pag~ and related drawings
recorded contemporaneously therewith.
(d) Second•Amendment to Amended and Restated Planned Unit
Development Plat -Hotel Jerome -recorded July 1, 1991 in Plat Book 26 at Page 89.
(e) Ordinance No. 70 (Series of 1990) of the Aspen City Council,
amending the Final PUD Development Plan for the Hotel Jerome.
(f) Declaration of Covenants, Restrictions and Conditions for the
Cortina Lodge recorded December 16, 1988 in Book 581 at Page 332 as Reception No.
307031.**
(g) Amendment to Cortina Declaration of Covenants, Restrictions and
Conditions recorded June 12, 1991 in Book 648 at Page 373 as Reception No.
333507.**
(h) Resolution No. 1 (Series of 1987) of the Aspen City Council,
granting substitution of Cortina Lodge Employee Units for On-Site Hotel Jerome
Employee Units, recorded June 6, 1990 in Book 622 at Page 347 as Reception No.
323313:.
** These two documents shall remain in full force and effect until the Deed
Restriction attached as Exhibit B to the 2007 PUD Agreement is recorded in
the Office of the Clerk and Recorder of Pitkin County, Colorado, upon which
recording said two documents shall be deemed fully and forever vacated,
terminated, cancelled, released, extinguished, null, void, and of no further
force or effect whatsoever.
2. Counterparts and Facsimile Sienatures. This Termination Agreement
may be executed in counterparts, in which case all such counterparts together shall
constitute one and the same instrument which is binding on all of the parties thereto,
notwithstanding that all of the parties are not signa#ory to the original or the same
counterpazt, and facsimile signatures shall be treated as original signatures hereon.
3. Bindine Effect. This Termination Agreement shall be binding upon and
shall inure to the benefit of the parties hereto and their respective successors and
assigns forever.
IN WITNESS WHEREOF, the pazties have hereunto set their hands and seals as
of the day and year first above written.
CITY:
The City of Aspen,
municipal corpyt~
,a
Attest:
Kathryn .. Ko~ C1e~L~/
APPROVED AS TO FORM:
orce ter, City Attorney
Owner:
By:
Hotel Jerome, Inc., a Delaware
corporati n
sy:
Its: vim,
I IIIIII VIII IIIIII (III IIIIII I I (IIIIII III HIII IIII III 01930/20 7 02: 25F
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 21.00 D 0.00
.-- ,~-t.
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ~Riay of
C~ 2007, by Helen Klanderud as Mayor and Kathryn S. Koch as, City Clerk of
e Cit of Aspen, Colorado, a municipal corporation.
Witness my hand and official seal.
My commission expires: D<k,(~~0~
STATE OF Coloract o )
ss.
COUNTY OF >rl j`~g5~)
The foregoing instrument waps acknowledged before me this ~~ay of
2007, by~~hP;c, VIC~r~~1AS~ as 1/_lP„ of Hotel
Jerome, ., a Delaware corporation.
Witness my hand and official seal.
My commission expires: ~ 11~ 1 D ~ ,
D A/ d Q ~~tw Yhl 11
Notary Public
!IIIIII IIIII IIIIIIIIII IIIIII IIII (IIIIII III IIIII IIII IIlI00 g m9 a90 2.251
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NOTICE OF APPROVAL F
For an Insubstantial PUD Amendment to The Hotel Jerome,
300 E. Main Street
Parcel No.: 273707321001
APPLICANT:
CLP-Elysian Aspen Owner, LLC
REPRESENTATIVE: Sunny Vann (Vann Associates, LLC)
SUBJECT & SITE OF AMENDMENT: The Hotel Jerome
300 E. Main St.
SUMMARY:
The applicant has requested an Insubstantial PUD Amendment to convert an existing office into a
rentable lodging unit for the hotel. Currently there are 92 rooms in the hotel.
The Amended and Restated 1986 PUD allowed for 94 guest rooms. Affordable housing mitigation was
provided in 1986 for the 94 rooms. Ordinance 42 (series of 2006) approved an extensive renovation to the
existing hotel and an expansion of the net leasable space. It also approved the renovation of the Cortina
Lodge to meet the affordable housing mitigation. To date, the major renovations/improvements to the
hotel have not been undertaken, and therefore the housing mitigation has not changed from the 1986
PUD. Additional mitigation is to be provided at the time of a building permit for the overall
renovation improvements of the hotel, as per Ordinance 42 (Series of 2006). Staff has determined that the
proposed change of an office to a rental unit is not associated with the lazge scale project and is in
compliance with the original 1986 approval of having 94 guest rooms, with affordable housing mitigation
previously provided.
STAFF EVALUATIONS:
Staff supports the proposed change to the Hotel Jerome through an amendment to the PUD. The changes
proposed are consistent with the approvals granted in 1986 and 2006 allowing for 94 rooms. The change
allows for the conversion of an office into a rentable lodging room, which is consistent with the intent of
the former approvals.
DECISION:
The Community Development Director finds the Insubstantial PUD Amendment to be consistent with the
standards within Ordinance No. 42, Series 2006, and thereby APPROVES the amendment for the
conversion of an office to a rental unit.
AP ROVED BY:
Chris Bendon
Community Development Director
Attachments:
Exhibit A: Approved Changes on Plan Set
Exhibit B: Review Criteria
Exhibit C: Application
Date
RECEPTION#: 554143, 11/1012008 at
D2:01:17 PM,
~ OF 7, R $38.00 Doc Code APPROVAL
Janice K. Vos Caudill, Pitkin County. CO
.~.
', ;
EX2.i$IT `B'
A. PUD Insubstantial Amendments.
An insubstantial amendment to an approved development order for a final development
plan may be authorized by the Community Development Director. The following shall
not be considered an insubstantial amendment:
1. A change in the use or character of the development.
There is no change in the use or character of the building/development.
2. An increase by greater than three percent (3%) in the overall coverage of structures on
the land.
There is no change in the overall site coverage, the proposed change is internal.
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
Trip generation and demand for public services will not be impacted by this amendment.
4. A reduction by greater than three percent (3%) of the approved open space.
There is no change to the open space.
5. A reduction by greater than one percent (1 %) of the off-street parking and loading space.
There is no change in the parking/loading space.
6. A reduction in required pavement widths or rights-of--way for streets and easements.
There is no change in the ROW's widths, streets or easements.
7. An increase of greater than two percent (2%) in the approved gross leasable floor area of
commercial buildings.
There is no change in the gross leasable floor area.
8. An increase by greater than one percent (1 %) in the approved residential density of the
development.
There is no change to the residential aspect of the PUD.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a variation from the project's approved use
or dimensional requirements.
The change is consistent with the projects original approval.
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9
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LAND USE APPLICATION
APPLICANT:
Name: ~~~'-' C/GyJ~~F' `~~.Y ~`/ . ~1~.
Location: ~~i %~, /~~/~57', ~.s/°~~ C6
(Indicate street address, lot & bloc number, legal description where appropriate)
ParcellD # (REOGIRED)
REPRESENTATIVE:
Name: /L~~ ~/S/~x/~ / /~/S~ %r-~' EGG
Address: 230 s? ~`7~f ~f/iC/h \/E CO ff/C//
Phone #: ZcS^ ~ fc' .5 ~
PROJECT:
^ Conditional Use
^ Special Review
^ Design Review Appeal
^ GMQS Allotment
^ GMQS Exemption
^ ESA - 8040 Greenline, Stream
Mazgin, Hallam Lake Bluff,
Mountain View Plane
^ onceptual PUD
~inal PUD (& PUD Amendment)
^ Conceptual SPA
^ Final SPA (& SPA Amendment)
^ Subdivision
^ Subdivision Exemption (includes
condominiumization)
^ Lot Split ^ Temporary Use
^ Lot Line Adjustment ^ Text/Map Amendment
^ Conceptual Historic Devt.
^ Final Historic Development
^ Minor Historic Devt.
^ Historic Demolition
^ Historic Designation
^ Small Lodge Conversion/
Expansion
^ Other:
~~~~/ay
PROPOSAL: (description of
etc.
Hav ou attached the following? FEES DUE: $ ~5
~-Application Conference Summary
Uv'Attac t #1, Signed Fee Agreement
R nse to Attachment #3, Dimensional Requirements Form
esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds
TYPE of APPLICATION: (please check all that apply):
~'
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafrer "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "bested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three-year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. Afrer
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
CLP-Elysian Aspen Owner LLC 430 W Erie. Suite 510, Chicaeo, IL 60610 312-229-1600
Property Owner's Name, Mailing Address and telephone number
CLP-Elysian Aspen Owner, LLC, Hotel Jerome 300 E. Main Street Aspen, CO 81611,
Parcel Number: 273707321001
Legal Description and Street Address of Subject Property''
Approval of an Insubstantial PUD Amendment allowin¢ for the conversion of an office to a
rentable unit.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Insubstantial PUD Amendment, November 7, 2008
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
November 16, 2008
Effective Date of Development Order (Same as date of publication of notice of approval.)
November 16, 2011
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued this 7th day of November, 2008, by the City of Aspen Community
Community Development Director
i
C: ~
Janice K. Vos Caudill
Clerk and Recorder
530 East Main Street
Aspen, CO 81611
(970) 429-2707
www.PitkinClerk.org
Pitldn County Transaction #: 12686
Receipt #: 200806737
Cashier Date: 11/10/2008 2:01:19 PM
(JHAAS)
Page 1 of 1
IIIIII VIII VIII VIII VIII IIII IIII
Print Date:
11/10/2008 2:01:21
PM
Customer Information Transaction Information Payment Summary
DateReceived: 11 / 10/2008
Source Code: Over the
Counter
(COMDEV) COMMUNITY Q Code: Over the
DEVELOPMENT Counter Total Fees $36.00
ATTN BONNIE Return Code: Over the Total Payments $36.00
Counter
Trans Type: RECORDING
Agent Ref
Num:
1 Payments
~~ $36.00
P CHECK 35362
Recorded Items
BKPG: 0/0 Reception: 554143 Date:ll/10/2008
B .(APPROVAL) APPROVAL, ANY 2:01:17 PM
TYPE From: To.•
Recording @ $6 for lpg and $5 for 2 or more pgs I 7I $36.OOI
$1 Surcharge
0 Search Items
0 Miscellaneous Items
file://C:\Program Files\RecordingModule\default.htm 11/10/2008
~ ~-,
~.. ,
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property:
300 E. Main St., also known as The Hotel Jerome, by the order of the Community
Development Director on November 7, 2008 the' applicant received approval of an
Insubstantial PUD Amendment for the conversion of an office into a rentable unit. For
further information contact Andrea Hingley, at the City of Aspen Community
Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2797.
s/City of Aspen
Publish in The Aspen Times on November 16, 2008