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HomeMy WebLinkAboutLand Use Case.501 E Dean St.0035.2008.ASLUtY ~. 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 0035.2008.ASLU 2737 182 36 945 501 DEAN STREET ANDERA HINGLEY PUD AMENDMENT RESIDENCES AT LITTLE NELL 9/3/2008 CLOSED BY Angela Scorey on 03/18/2009 ~~~ ~ 2737- l ~.-2-36-~'~,~ 0~35..2~08. A,SI..I,(, File Edit Record Navigate Form Reporks Format Tab Help a a c a Vi 0 0 v 0 x c n z o rn ~ ~ Start or stop khe dock for this Main Cuskom Fields ~~ Fees ~~ Fee Summary ~~ Valua Permit Type aslu Aspen Land Use Permit # 0035,2008,ASL Address 501 E DEAN ST At7tlSuike City ASPEN Skake CO ~ Zit Masker Permit Projeck Description Rouking Queue aslu07 Skatras pending c.~ -~ l ~ l ~{- I~ u~~ ~ 2 3 SAS 4 ~ ~j' ~~ 1' „v~s~. (J'~' ~~~5 x VANN ASSOCIATES, LLC Planning Consultants July 23, 2008 ~ECENED JUL 2 9 2008 HAND DELIVERED CITY OF ASPEN Mr. Chris Bendon, Director COMMUNITY DEVELOPMENT Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Residences at Little Nell Subdivision/PUD Insubstantial PUD Amendment Dear Chris: Please consider this letter an application for an insubstantial PUD amendment for various revisions to The Residences at Little Nell Subdivision/PUD (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant [o Section 26.445.100.A. of the Aspen Land Use Regulations (the "Regulations") by The Residences at Little Nell Development, LLC (hereinafter "Applicant"), the owner of the property (see Exhibit, letter from Brooke A. Peterson). 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 October of 2004, the City Council adopted Ordinance No. 30, Series of 2004, which granted final PUD development plan approval for the development of The Residences at Little Nell. The Residences at Little Nell is a mixed use, timeshare lodge which, as originally approved, consisted of 24 fractional ownership units; 2 free market residential units; 8 lodge units; 8 affordable housing units; 8,900 square feet of net leasable commercial area; and a subgrade parking garage. Ordinance No. 30 also (i) granted subdivision approval to subdivide a portion of the adjacent Aspen Skiing Company property, eliminate the existing internal lot lines within the project site, and replat the remainder of the adjacent Tipple Woods Subdivision; (ii) rezoned a portion of the project site to CL, Commercial Lodge, PUD; (iii) granted approval to condominiumize the project and to sell its ~~~1VED ownership units pursuant to a timeshare use plan; (iv) exempted from gro 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 9701920-9310 JUL 2 9 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT .„ Mr. Chris Bendon July 23, 2008 Page 2 ment the conversion of existing residential reconstruction credits to lodge units, the reconstruction of demolished commercial square footage, and the project's on-site affordable housing units; and (v) approved an amendment to the Little Nell Specially Planned Area plan. The final plat for the project is recorded in Plat Book 73 at Page 21 in the office of the Pitkin County Clerk and Recorder. The project's final PUD development plan and various associated plans and elevations are recorded as Reception No. 510209. The project's subdivision/PUD agreement (the "Agreement") is recorded as Reception No. 510210, a copy of which is attached hereto as Exhibit 6. Please note that the Agreement incorporates all relevant provisions of Ordinance No. 30, and that the Agreement specifically governs in the event of any inconsistencies between the two. In December of 2005, the Community Development Director approved an insubstan- tial PUD amendment to permit the project's two free market residential units to be converted to fractional ownership units as provided for in Ordinance No. 30 and Article III, paragraph 3.1(b) of the Agreement (see Exhibit 7). In January of 2008, the Applicant submitted updated documents governing the project's condominium/ fractional ownership components (e.g., Declaration of Condominium, Fractional Ownership Reservation Policies and Procedures, etc.) to the Community Development Department as required pursuant to Section 26.590.090(B)(3)(a) of the Regulations. No further revisions to the project have been requested or approved to date. Proposed Amendment In general, the Applicant's proposed insubstantial PUD amendment consists of various revisions to the project's architecture which have resulted from further, more detailed design development and/or specific building code requirements. Eleven specific revisions are requested, each of which is summarized below. Please note that the various revisions have been highlighted on the relevant copies of the recorded PUD development plans and/or the project's building permit submittal drawings, both of which accompany this application. 1. PUD-1: Revised Rooftop Stair ~J' The original stairway located between the rooftop Pool Equipment room and the south roof edge, which leads from the lower fifth floor Roof Gazden up to the Pool Garden level, has been narrowed to accommodate the enlargement of the Pool Equipment room (see Sheet 8 and Building Permit Sheet A250). ~ 2. PUD-2: Pool Access Control Gates Mr. Chris Bendon July 23, 2008 Page 3 Steel security fencing and locking gates have been added at each of the two access ways to the rooftop pool area as required by applicable regulations. One gate is located at the top of the stairway which abuts the equipment room. The second gate is located behind the elevator core leading to the handicapped ramp access azea (see PUD Sheets 8 and 9 and Building Permit Sheet L4.10). 3. PUD-3: Egress Easement An additional emergency access easement to Dean Avenue has been acquired from the Aspen Skiing Company along the project's east property line (see PUD Sheet CO and Building Permit Sheet L3.01). No revisions to the project's fmal plat, however, is required as the easement burdens the adjacent property. 4. PUD-4: Revised Egress and Rear Residences Access Structure The original timber bridge structure with a barrel vaulted roof assembly and steel framed stair tower has been replaced with a precast concrete post and beam structure with precast planking and snow melted concrete topping to meet the building code's required construction type (i.e., 1B-Fully Sprinklered) and its resulting fire protection requirements. In the process, the stairway was rotated from its original location adjacent to the rear property line and realigned with the new structure and bridge assembly. The original height of this building element has been reduced by approximately one foot at the roof edge, and by approximately two feet at the high point of the former barrel vault (see PUD Sheets 6 through 10, 12, 13, 15 and 16 and Building Permit Sheets A231, A241, A261, A271, A281, A304 and A305). 5. PUD-5: Revised Unit B Roof Configuration The heavy timber, standing-seam metal roof element located at the lower north portion of former free market residential Unit B has been removed and replaced with a flat concrete roof with builtup roofing that continues over a flat framed heavy timber structure covering the east living room balcony (see PUD Sheets 12 through 16 and Building permit Sheets A271 and 281). This revision was required to accom- modate changes to the Unit A and B floor plans when they were converted to fraction- al ownership. 6. PUD-6: Revised Main Mechanical Exhaust Shaft Roof Assembly and Finished Roof Elevations The main mechanical supply air and exhaust chase roof pe~rtetration-loeate the south end of the main building has been revised to inclu " an additional 5 foot high, galvanized and painted, expanded metal mesh mechanidCai`eguigrxent~creenwall ,A., Mr. Chris Bendon July 23, 2008 Page 4 around the perimeter of the chase (see PUD Sheets 12, 14, 15 and 16 and Building Permit Sheets A260, A302 and A309). 7. PUD-7: Revised Elevator #4 Overrun Elevator #4's shaft overrun has been distinguished from the adjacent stairway #1 core and vestibule roof to-indi extension above the sta,~' ay-robf.-- stairway roof parapet w 11 height has i eased by approximat ,!!y oo``ne foot six inches from the record PUD heig t p an. Similarly the elevator shaft~Lvalts~ek n an additional two feet above the recorded (see PUD Sheets 12 and 16 and Building Permit Sheets A281 and A304). " 8. PUD-8: Revised Pool Equipment Room and Rooftop Restrooms The pool equipment room has been enlarged by approximately 38 square feet to allow for additional required equipment. The rooftop restrooms have been enlarged by approximately 40 square feet to provide sufficient fixtures to meet occupancy requirements. As a result, approximately 28 feet of the raised stone planter located at the north roof edge opposite the restrooms has been removed. The planter will be replaced with an open steel guardrail (see PUD Sheet 8 and Building Permit Sheet A250). 9. PUD-9: Elevator !YI Overrun The size and shape the exishn evator #5 shaft overrun has been revised to include an approximatel foot b 1 of addition to accommodate the new elevator #7 shaft overrun (see PUD Sheets 6 through 9 and building Permit Sheets A230, A240 and A303). 10. PUD-10: Affordable Rousing Units A bar top peninsula has been added to the affordable housing units' kitchens to comply with minimum counter space requirements. The units' bathrooms have also been revised to meet applicable handicapped regulations (see PUD Sheet 11 and Building Permit Sheet A640). 11. PUD-11: Revised Restaurant, Bar and Kitchen The Residences at Little Nell's restaurant, bar and kitchen areas have been revised to accommodate the restaurant's prospective operator. A restaurant prep kitchen area has been provided on basement level B1 to supplement the original kitchen which was depicted on the original gondola plaza level plan. Level Bl also .. ,-, Mr. Chris Bendon July 23, 2008 Page 5 now includes a room service prep kitchen and a new restaurant entry lobby and inside/outside bar area has been provided on the gondola plaza level (see PUD Sheets 3, 4 and 5 and Building Permit Sheets A220, A230 and A306). As originally approved, The Residences at Little Nell was limited to a maxi- mum of 8,900 square feet of commercial net leasable area (see.Article II, paragraph 2.1, Exhibit 7). As discussed in the project's final PUD application, this figure consisted of 4,520 square feet of retail space; 2,950 square feet of restaurant, bar and kitchen space; and 1,430 square feet of public ski lockers. Please note, however, that employee generation and its associated affordable housing mitigation requirements were computed based on the building's retail, restaurant, bar and kitchen spaces. Staffing for the public ski locker space was included in the employee generation for the lodge portion of the project and its affordable housing mitigation calculated therewith. The proposed changes to the building's restaurant, bar and kitchens will increase the net leasable area of these commercial spaces from 2,950 square feet to 3,640 square feet (see accompanying net leasable area takeoffs). To accommodate this increase, the Applicant has reduced the net leasable area of the building's retail space from 4,520 square feet to 3,830 square feet. As a result, no increase in the building's previously approved total net leasable commercial area is proposed. 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 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. f _ The revised restaurant entry will add'~oximate~_:LQ _Qs~u,a~re. Eder of floor area to the building on its(~ondola plaza level. ~,q'his change arguably does not increase site coverage as it mere represents a minor encroachment of the building ., Mr. Chris Bendon July 23, 2008 Page 6 into the above grade apres-ski deck. In the event, however, it is found to increase the building's site coverage, the resulting increase is substantially less than three percent. 3. The proposed amendment does not substantially increase trip generation rates or the demand for public facilities. As no changes in the building's unit mix or total net leasable area are pro- posed, no increase in trip generation rates or the demand for public facilities is anticipated. 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. Pursuant to Article II, paragraph 2.2(0) of the Agreement (see Exhibit 7), no open space is required. 5. The proposed amendment does not reduce the approved off-street parking and loading space by greater than one (1) percent. No changes are proposed to the building's off-street 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. No increase in the building's previously approved commercial net leasable area is proposed. The Applicant, however, proposes to redistribute the building's net leasable area as discussed above. 8. The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. No increase in residential density is proposed. As discussed previously, an insubstantial PUD amendment was previously granted to convert the project's two free market residential units to fractional ownership units. Mr. Chris Bendon July 23, 2008 Page 7 9. The proposed amendment does not involve changes which aze inconsistent with a condition or representation of the project's original approval or which requires granting a vaziation from the project's approved use or dimensional requirements. To the best of our knowledge, the proposed amendment does not involve changes which are inconsistent with the prior approval. The requested changes pertain primarily to various architectural revisions dictated in part by regulatory requirements and to a redistribution of the building's net leasable commercial area to accommodate its restaurant, bar and kitchens. Although not a review criteria for an insubstantial PUD amendment, it should be noted that the various revisions requested above result in a minor increase in the building's floor area above that which was depicted in the Applicant's original building permit submittal. The building's revised floor area of approximately 107,701 square feet, however, is less than its approved floor area of 108,000 square feet (see Article II, paragraph 2.2(i) of the Agreement). 8040 Greenline Review As Article II, pazagraph 2.1 of the Agreement indicates (see Exhibit 7), 8040 greenline review was granted to the project by the Planning and Zoning Commission pursuant to Resolution No. 28, Series of 2004. As the proposed insubstantial PUD amendment does not significantly alter the previously approved project, no further 8040 greenline review is believed to be required. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN ~SOCIATES, LLC AICP SV cc: Brooke A. Peterson ,. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 7/16/08 PROJECT: Residences at the Little Nell REPRESENTATIVE: Sunny Vann TYPE OF APPLICATION: Insubstantial Planned Unit Development (PUD) Amendment DESCRIPTION: The prospective Applicant would like to memorialize a number of changes that have occurred from final approval to wnstruction of the building such as minor changes in the net leasable azea, miscellaneous azchitectural changes and minor structural changes. The property is part of a Planned Unit Development (PUD) and approval is required to modify the PUD and memorialize the changes. The Applicant should verify that the request is exempt from 8040 Greenline Review. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.030 B. 8040 Greenline Review -Exemption 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 Heazing: No Planning Fees: $705.00. Deposit for 3 hours of staff time (additional staff time required is billed at $245 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 pazcel 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 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 pazcel 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 development 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. EXHIBIT ~I~I CWA DEVELOPMENT LLC `rr, ASPEN I NEWPORT BEACH I SANTA BARBARA July 22, 2008 VIA HAND DELNERY Mr. Chris Bendon, Director Aspen Community Development Department City Hall Aspen CO 81611 Re: Ownership of Residences at Little Nell Dear Chris: 2 Please allow this letter to serve as confirmation of the ownership of the following described real property located in Aspen Colorado by The Residences at Little Nell Development LLC ("REND"): Lot 1, The Residence sat Little Nell Subdivision according to the Plat thereof recoded May 17, 2005 in Plat Book 73 at Page 21 in the Office of the Clerk and County Recorder of Pitkin County Colorado. This is the property where The Residences at Little Nell is located. I am an Authorized Signatory for REND and an attorney licensed to practice in the State of Colorado. Should you have any questions, please do not hesitate to contact me. BAP 500 WEST MAIN STREET ASPEN, COLORADO 81611 POST OFFICE BOX 8238 ASPEN, COLORADO 81612 T 1-970-925-3633 F 1-970-925-5295 WW W.CWA-DEVELOPMENT.COM EXHIBIT 9 July 9, 2008 Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Bendon: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for an insubstantial PUD amendment for The Residences at Little Nell. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, AT LITTLE NELL DEVELOPMENT, LLC AutBefri~ed Representative 302 East Hopkins Avenue Aspen, CO 81611 (970) 544-0499 d:\oldc\bus\city.ly\Itr27108.cb1 EXHIBIT APPLICANT: LAND USE APPLICATION Name: /.y~/`~/7G.~ ~T e~ ~~ /.e~./~~~~j Location: ~T~ Tl~~/~.~Yi'~e~ ./.~T/~/7'T1.~,[/i~'/_ 4_1~rrx~~~~ (Indicate street address, lot & block number. leeal descriotion where anmm~riatel I(EPRESENTATIVE: // ,v,'' '' // Name: v~~ Y~~ ~N~/~J~~=k+~~. ~iG' Address: ~~,'~__~ ~/~/`f/~5 .~{/E. -~SP6'~% ~~o ~+/G,// Phone #: ?i S G g,$"8 PROJECT: Name: ~i7r- /r~.~/ Address: Phone #: s~'ZS -~33 ~r~-rte /~ l,./f lG~ ~~l TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review [v]im 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, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ TexUMa Amendment PROPOSAL: H-ave~b'ou attached the following? FEES DUE: $ ~S ~Pr~-Application Conference Summary Attachment #1, Signed Fee Agreement ^ esponse to Attachment #3, Dimensional Requirements Form [Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A¢reement for Payment of Ciri of Aspen Development Agolication Fees CITY OF ASPEN (hereinafter CITY) and ~~~ ~--/ '~ G/T'IGE'/~C~[ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1 /ST~~~/~Gto CI~TY~anapp icati n fo~~ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they aze necessary as costs are incurred. CITY agrees it will be benefited through the Beater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that i[ is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a dete ination of application completeness, APPLICANT shall pay an initial deposit m the amount of $~ which is for 3 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director APPL ~, I~ P d wr ¢N r GG C r ate: ~ B'~OL~ Billing Address and Telephone Number: Required g:\supportUorms\agrpayas.doc 11/30/04 EXHIBIT IiI~IIIIIIIIIIIIIN~IIIIIIIIIIIcMllllilll~i~lllll.s ;°~0 ~a::0t SUBDIVISION/PUD AGREEMENT FOR THE RESIDENCES AT LITTLE NELL SUBDIVISION/PUD THIS SUBDIVISION/PUD AGREEMENT is made and entered into this ~ 99 day of May, 2005, by`and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and THE RESIDENCES AT LITTLE NELL DEVELOPMENT,, LLC, a Delawaze limited liabilitycompany (hereinafter referred to as "REND"), WITN.ESSETH: WHEREAS, REND has submitted to the City an Application for Final PUD Development Plan Approval (the "Application") .for certain contiguous pazcels of land situated within the City of Aspen, Colorado to be consolidated, platted and known as Lot 1, The Residences at Little Nell Subdivision/PUD (the "Property"), which Application requests the approval, execution and recordation of a Final Plat of the Property (the "Final Plat"); and the approval and recordation of a Final. PUD Development Plan and related documents (collectively,. the "Final PUD Development Plan"); and WHEREAS, City has fully considered. the Application, the Final Plat, the Final PUD Development Plan, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners; and. WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat and its approval and recordation of the Final PUD Development Plan, such matters being necessazy to protect, promote and enhance the public. safety, health. and welfare; and WHEREAS, REND is willing to acknowledge, accept, abide by and faithfully perform the conditions and. requirements imposed by City in approving the Application, the Final Plat, and the Final PUD Development Plan; and WHEREAS, under the authority. of Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, City is entitled to certain financial guazantees to ensure (i) that the required public facilities are installed and (ii) that the required landscaping is implemented and maintained, and REND is prepazed to provide such guarantees as hereinafter set forth; and ~II~III,UII„IIl•1I~~~III~I~IIII~I 10'~~U~~~~I 05~/107~em04:01 SILVIR URVIS PI WHEREAS, contemporaneously with the execution and recording of this Subdivision/PUD Agreement, City and RLND have executed and recorded the Final Plat in Plat Book Z at Page Z // ,and City and RLND have recorded the Final PUD Development Plan as Reception Nos~~t0 ,both in the Office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and. acceptance of the Final Plat and the approval and acceptance of the Final PUD Development Plan for recordation by City, and for other good. and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION/PUD AGREEMENT 1.1 Purpose.. The purpose of this Subdivision/PUD Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the development of The Residences at Little Nell Subdivision/PUD and to enumerate all terms and conditions under which such development may occur. 1.2 Effect. It.is the intent of theparties that this Subdivision/PUD Agreement shall effectively supersede and replace in their entirety all previously recorded. and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations and other documents. and agreements encumbering the Property, including without limitation those matters identified in Article VI below (collectively, the "Prior Approvals and Instruments"), and City and RLND agree to cooperate in the execution and. recording of such documents as maybe necessary or appropriate to accomplish the vacation and/or termination of said Prior Approvals and Instruments. The parties anticipate that these recordings will. take place contemporarneouslytyith the recording of the Final Plat. However, a delay in the recording of any such vacation/termination documents shall not affect or delay the recording of this Subdivision/PUD Agreement, the Final Plat, or the Final PUD Development Plan. ARTICLE II' ZONING AND REGULATORY APPROVALS.. 2.1 Approval Ordinance and Resolution. Pursuant to Ordinance No. 30 (Series of 2004) adopted on October 12, 2004, the Aspen City Council granted final PUD development plan approval for the development of a mixed use timeshare lodge containing 24 fractional ownership units, 2 free market residential units, 8 lodge rooms (hotel units), 8 affordable housing units, approximately 8,900 square feet of net leasable commercial space, and a subgrade parking garage (collectively, the "Project"). Ordinance No. 30 also (i} granted subdivision. approval to subdivide a portion of the adjacent Aspen Skiing Company property, eliminate the existing internal boundaries within the Project site, and replat the remainder of the adjacent Tipple Woods Subdivision; (ii) rezoned a portion of the Project site to CL, Commercial Lodge, Planned Unit Development; (iii) granted approval to condominiumize the Project and to 2 f I Illll IIIIIv, W~ Illll llll lull ~llll 111 llll~ ~lll l'll P 9 0'/120005 04:03 D 0.80 sell the fractional ownership units pursuant to a timeshare use plan (the "Fractional Ownership Plan"}; (iv) exempted from growth management the conversion of existing residential reconstruction credits to lodge units, the reconstruction of demolished commercial square footage, and the Project's on-site affordable housing units; and (v) approved an amendment to the Little Nell Specially Planned Area plan. Pursuant to Resolution No. 28 (Series of 2004) adopted on August 17, 2004, the Aspen Planning and Zoning Commission granted 8040 greenline approval for the Project and also granted special review approval for the affordable housing units' on- site parking. This Subdivision/PUD Agreement incorporates all of the pertinent provisions of Ordinance No. 30 and Resolution No. 28. In the event of any inconsistency between the provisions of Ordinance No. 30 and/or of Resolution No. 28, and the provisions of this Subdivision/PUD Agreement, the provisions of this Snbdivision/1'UD Agreement shall control. 2.2 Dimensional Reaairements. Ordinance No. 30 established and approved the following dimensional requirements for the Project: (a) Minimum Lot Size (Sq. Ft.) 66,737 (b) Minimum Lot Width (Feet)* 206 (c) Minimum Front Yard Setback (Feet)** 0 (d) Minimum East Side Yazd Setback (Feet) 0 (e) Minimum West Side Yazd Setback (Feet) 0 (f) Minimum Rear Yazd Setback (Feet) 4 (g) Maximum Height (Feet) *** (h) Minimum Required. Open Space (Percent) 0 (i) Maximum External Floor Area (Sq. Ft.) 108,000 (j) .Minimum Off-Street Parking Spaces **** * Measured along the Dean Avenue right-of--way ** Measured from Dean Street *** As represented in the recorded Final PUD Development Plan **** 2 short-term spaces within the porte-cochere and 70 spaces within the underground parking gazage 2.3 Vested RiPhts. Under Development Order of the City of Aspen Community Development Department issued December 23, 2004 with an effective date of January 8, 2005 (the "Development Order"), the right to undertake and complete the development and use of the Property pursuant to the terms and conditions of the site specific development plan for the Property is vested until January 8, 2008, 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 ~i~u~iiii~~~~iati~u~i~i~iii~~i~ui~iiu~niiii~~ii.0 ~0?00 a::0, SIIVI{i DqV conducted on October 12, 2004. As authorized by CRS Section 24-68-102(4)(a), City and RLND agree that the site specific plan for the Property consists of and includes, but is not limited to, the number, permitted size, and configuration of the fractional ownership units, the free mazket residential units, the hotel units, the affordable housing units, the commercial spaces, the pazking spaces, and the other spaces and areas in the Project, the Fractional Ownership Plan, and all other matters set forth in Ordinance No. 30 (Series of 2004), Resolution No. 28, the Final Plat recorded in Plat Book ~ at Page 'L l ,and the Final PUD Development Plan for The Residences at Little Nell Subdivision/PUD recorded as Reception No..f~is ,both in the Office of the Clerk and Recorder of Pitkin County,. Colorado, this Subdivision/PUD Agreement, and all other documents and plans recorded .concurrently therewith. For purposes of this Section 2.3, this Subdivision/PUD Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). ARTICLE III. DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 3.1 The Comaonents of the Project. The timeshaze lodge Project approved pursuant to Ordinance No. 30 and Resolution No. 28 will consist of two attached multi- story structures which will contain a maximum external floor area of 108,000 square feet, calculated in accordance with the City's floor azea regulations in effect on October 25, 2002, which floor azea regulations are attached hereto as Exhibit A and made a part hereof by this reference. The Project will contain the following principal components: (a) Fractional Ownership Units. The Project will contain~4~ Fractional Ownership Units which will be condominiumized and sold pursuant to the ' - ~~ Fractional Ownership Plan defined and described in the Declaration of Condominium ~,k5 for The Residences at Little Nell (the "Declazation'~ to be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado contemporaneously with the recording of the Condominium Map of the Project. The Fractional Ownership Units will consist of 19 three-bedroom units and Sfour-bedroom units, and will be configured so as to contain 40 separately occupiable lock-offs or keys. As provided in the Declaration, the r~ Fractional Ownership Units will be available for walk-ia, short-term rental to the public when the Units are not being occupied by an Owner, an Owner's guest, or persons ' occupying the Unit under an exchange program. (b) Free Market Residential Units. The Project will contain 2 Free Market Residential Units which will be condominiumized and sold, and which maybe occupied on a short or long-term basis. It is not anticipated that these Units will be subject to the Fractional Ownership Plan, but under the Declaration RLND has reserved the right to convert either or both free mazket residential units to a Fractional Ownership Unit that is subject to the Fractional Ownership Plan. Under Section 9 of Ordinance No. 30, these units maybe converted and included as part of the Fractional Ownership Plan pursuant to an Insubstantial PUD Amendment approved by the City. I'I~~~ I~III~~ ~II I~~ Ilfl, I~~~ ~I IN.1 III IIII 05/0 ®/2005 04:03 SILVIp OgVIS PITKIN COUJTY Co R 166.00 0 0.00 (c) Hotel Units. The Project will contain 8 traditional lodge rooms (Hotel Units) which will not be subject to the Fractional Ownership Plan. These units will at all times be available for nightly rental to the public (d) Affordable Honsine Units. The Project will contain 8 Affordable Housing Units. The Units will be configured as syudios, and each Unit will contain a minimum of 400 square feet of net livable area. The Units will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 2 income and occupancy guidelines for rental units in effect at the time of recording of the Condominium Map for the Project. The deed restriction will reserve to RLND and its successors and assigns the first right from time to time to select and place qualified tenants in the Units. No Certificate of Occupancy shall be issued for the Project until the deed restriction for the Affordable Housing Units has been executed and recorded. --- Unless a different arrangement is worked out with the City, and only to the extent necessary to comply with applicable Colorado law, at the time of recording of the deed restriction RLND will convey cone-tenth of one percent interest in the Affordable Housing Units to APCHA. Said one-tenth of one percent interest is hereinafter referred to as the "APCHA Interest". The conveyance of the APCHA Interest shall be expressly subject to the understanding and agreement that (i) ownership of the APCHA Interest only gives the APCHA the right to enforce the deed restriction on the Affordable Housing Units, and does not give the APCHA any authority or rights that are not specifically set forth in the deed restriction, (ii) in all other respects, the APCHA shallbe deemed to have no ownership rights or responsibilities in connection with the Affordable Housing Units, and the record owner of the remaining interest in the Units shall have full right and authority to lease, encumber, or otherwise deal with the Units as if such owner held a 100 percent interest therein, (iii) APCHA shall have no liability to third persons arising solely out of its ownership of the APCHA Interest, and RLND (and any successor or assign of RLND in .the ownership of the Units) shall indemnify APCHA from and against any losses or liabilities arising solely ouf 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 Units if and when the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions on affordable housing. units. (e) CommerciaUAccessorv Uses. The Project will contain a restaurant, bar, outdoor dining terrace, guest living room, fitness room, recreation room, business center, front desklconcierge area, rooftop swimming pool, and retail commercial space. The retail space, which is located at ground level and fronts on Dean Avenue,. will be limited. to a maximum of 4,520 square feet of net leasable area and is prohibited from being converted to office use. In the event the retail space owner deems it appropriate, the retail space or some of it maybe reconfigured, subject to obtaining any approvals that may be required by the City's land use regulations. The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining terrace shallbe open and available for use in conjunction therewith, weather permitting, all days of the iI~~II1I~111~~I~1~~~11IItlIIR1,IIIII~IIIIII~IIIIF 055 0 2 0005 04:01 SILVIP DRVIS PITKIN COUNTY CO R 166.00 D 0.00 year that the Aspen Mountain Ski Area is open for public skiing, for. a minimum of three (3) hours after the gondola lift at Little Nell closes each day. In addition, the bar and outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run from June 15 through October 15 of each year, during all daytime hours that the gondola. is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events maybe held. (f) Parkins. Under Section 2 of Ordinance No. 30 (Series of 2004), the City Council approved the following minimum off-street parking spaces for the Project: Seventy (70) pazking spaces located on two levels in a subgrade pazking garage. Eight of the parking spaces will be allocated and signed for the use of the Project's eight Affordable Housing Units, and six of the pazking spaces will be allocated and signed for the use of the owners of Lots 1, 2 and 3, First Amended Plat of the Tipple Woods Subdivision. 3.2 Affordable Rousing Mitigation. (a) Reaairements. (i) RLND has agreed to provide affordable housing mitigation for 60 percent of the employees generated by the operation of the Project. The number of employees generated by the Project has been determined to be 75, hence affordable housing mitigation must be provided for 45 employees. (ii) RLND is .also required to provide 12 affordable housing bedrooms containing a minimum of 4,469 squaze feet of net livable azea pursuant to the City's Resident Multi-Family Replacement Program, which 12 bedrooms are considered to house 15 employees. The total number of employees for which RLND must provide affordable housing mitigation, then, is 60. The Development Order constitutes a "Certificate of Compliance" in accordance with Chapter 26.530 of the Aspen Land Use Regulations entitled "Multi-Family Housing Replacement Program". (iii) A minimum of 59 percent of the required affordable housing mitigation is to be provided within the City limits, and the remaining 41 percent may be provided outside the City but within the Aspen Community Growth Boundary. (iv) ' A minimum of 50 percent of the required affordable housing -_ mitigation must be deed restricted to APCHA's Category 2 income and occupancy guidelines, and the remainder maybe deed restricted to Category 3. (b) Mitigation. (i) As set forth in Section 3.1(c) above, eight Category 2 studio Affordable Housing Units will be provided within the Project, which units will be credited with housing 10 employees. 6 I INIII IIII I ~N >II I I I I I ~IU NI ~~ I N I I N 1 N l l l~ l_ 5 g 0 2 0° 0 4:01: S1LV1P DHVIS PIMIN DaNrr (ii} RLND has entered into an Affordable Housing Buy Down Agreement with Obermeyer Place Holding Company LLC ("Obermeyer"), whereby RLND has agreed to buy down 15 of the one-bedroom Resident Occupied ("RO") Units to be constructed by Obermeyer as a part of the Obermeyer Place Project (the "Obermeyer Buy Down Units"). Seven of these units, housing a total of 12.25 employees, will be bought down to Category 2 restrictions, and eight of these units, housing a total of 14 employees, will be bought down to Category 3 restrictions for a total Buy Down Price of $3,370,400. City agrees that upon (aa) payment in full of said Buy Down Price by RLND to Obermeyer, which shall be evidenced by Obermeyer's written certification of such payment, (bb) the recording of the deed restrictions on the Obermeyer Buy Down Units to the Categories described above, and (cc) the issuance of a Certificate of Occupancy for the Obermeyer Buy Down Units, RLND and its successors and assigns shall be credited with housing a total of 26.25 employees. ---- - - (iii) The 10 employees to be housed on-site, together with the 26.25 employees to be housed at Obermeyer Place, totals 36.25 employees, which represents 60 percent of RLND's required affordable housing mitigation. (iv) The remainder of RLND's affordable housing mitigation requirement, or 24 employees, will be met at the Aspen Airport Business Center, which is located within the Aspen Community Growth Boundary. These employees will be housed in eight 3-bedroom sale units being constructed by RLND pursuant to BOCC Resolution No.135-2004 recorded October 29, 2004 as Reception No. 503623 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "AABC Units"). Three of these units will be deed restricted to Category 2 restrictions and five will be deed restricted to Category 3 restrictions. The eight AABC Units must be deed restricted, and a Certificate of Occupancy must be issued therefor, before a Certificate of Occupancy will be issued for the Project. (v) Based on the foregoing, a total of 31.25 employees will be housed in Category 2 units and 29 employees will be housed in Category 3 units. (vi) No Certificate of Occupancy will be issued forthe Project unless and until (aa) a Certificate of Occupancy has been issued for the t5 Obermeyer Buy Down Units and such units have been deed restricted to the Categories described in subsection (b)(ii) above, and (bb) a Certificate of Occupancy has been issued for the 8 AABC Units and such units have been deed restricted to the Categories described in ___ subsection (b)(iv) above. If no Certificate of Occupancy has yet been issued for the Obermeyer Buy Down Units, RLND shall not be precluded from receiving a Certificate of Occupancy for the Project if it delivers or causes to be delivered to City a collateral assignment of the $3,370,400 (the Buy Down Price) being held in escrow by Pitkin County Title, Inc. (the "Escrow Agent") pursuant to the Affordable Housing Buy Down Agreement, which assignment shall authorize and direct the Escrow Agent to deliver all. of the escrowed funds to the City in the event a Certificate of Occupancy has not been issued for and proper deed restrictions recorded upon the Obermeyer Buy Down Units by3uly 1, 2007. 7 II~III~NIIIII~I~11IlIII~~~I11{I~IIIII~1IIAllll 0900 e0e a:ei (vii) The employees to be housed in the 8 on-site Affordable Housing Units and the 8 AABC Units shall meet the qualification criteria contained in the APCHA Employee Housing Guidelines, as they maybe amended from time to time. 'The Obermeyer Buy Down Units shall be governed by the City Council approvals for the Obermeyer Place Project. 3.3 Construction in Accordance with Plans. Construction. of the Project, and all of its component parts, shall be accomplished in substantial compliance with the Final PUD Development Plan and with all azchitectural plans and eievations, utility plans, grading and drainage plans, site design plans, and landscape plans that are recorded contemporaneously with the Final Piat and this Subdivision/PUD Agreement. 3.4 Porte Cochere Traffic Flow, Shianina andBeceivin¢, and Roof Top Decks. (a) Porte Cochere Traffic. Flow. Traffic flow within the Project's entry porte cochere shall occur in a clockwise rotation at all. times in order to minimize the impact of vehicle headlights on the adjacent North of Nell Condominiums. Vehicular access to the porte cochere from Galena Street shall occur via Dean Avenue. (b) Shiuuina and Receivioe. Commercial vehicles, including but not limited to delivery, service and inspection vehicles, shall be prohibited from using the Little Nell Hotel service dock on Spring Street to service the Project. All commercial vehicle activity shall be limited to the Project's Galena Street loading dock and pazking garage. (c) Roof Too Decks. The Project's roof top decks, swimming pool and hot tubs shall be used for the following purposes: Swimming, sun-bathing, food. and beverage service, and similar compatible uses. 3.5 Dean Avenge Improvements: Maintenance: Encroachment License. RLND shall accomplish, as subdivision improvements, the improvements depicted on the Final PUD Development Plan recorded concurrently with the Final Plat, in accordance with Article IV of this Subdivision/PUD Agreement. To the extent practicable, said Final PUD Development Plan shall be revised 4o be consistent with any fmal master design plan that maybe finally adopted by the City for Dean Avenue improvements. In the event the City has not adopted such final master design plan by April 1, 2006, RLND shall no longer be obligated to make revisions to the Final PUD Development Plan. Before a building permit is issued for the Project, the City and RLND shall enter into two (2) Encroachment Licenses covering the portions of the Project that will encroach into the Dean Avenue right-of--way, as depicted on the Final Plat. The first Encroachment License will cover the portion of the Residences at Little Nell building that encroaches into the Dean Avenue right-of--way, and the second Encroachment License will cover the portion of the surface utility systems servicing The Residences at Little Nell that encroaches into the Dean Avenue right-of--way. IIINIINII~I~IIIIIIIhbNIn111111111111111N~11. 0~~0 0° 4:a, SIL IA The design, installation, maintenance and operational costs for new surface and subsurface improvements to Dean Avenue shall be borne by RLND or its successor/assignee, The Residences at Little Nell Condominium Association, Inc. (the "Association"). New subsurface improvements shall include a snowmelt system and similaz features but shall exclude existing utilities within the right-of--way. Costs of replacing surface and subsurface improvements as a result of accessing City-owned utilities or other subsurface work that damages surface and subsurface improvements installed by RLND, including the snowmelt system, shall be borne by the City. The City shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work on non-City-owned utilities. 3.6 Utilities. (a) Water, sewer, electric, natural gas, telephone and cable TV service ---- -- - ---- are available from existing main lines in Galena Street and Dean Avenue.. RLND shall accomplish at its expense the utility improvements described in Article 4.1 below. (b) All utility service lines from these main lines to the Project shall be installed by RLND at its expense in compliance. with the Water and Sanitary Sewer Utilities Plan and the Shallow Utilities Plan recorded concurrently with the Final Plat, and shall be buried underground. All of said utilities shall be installed as subdivision improvements in accordance with Article IV of this Subdivision/PUD .Agreement. (c) All utility tap fees shall be payable in accordance with the requirements of the utility regulations in effect at the time of payment (d) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal. Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. (e) RLND shall comply with .the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use of a pumping station. 3.7 Relocation of City Water Line. RLND shall accomplish, as a subdivision improvement, the relocation of the City of Aspen water line in Durant Street, Spring Street, and across Little Nell, in compliance with the Little Nell Waterline Plan and Profile lobe recorded concurrently with the Fina] Plat, and in accordance. with Article IV of this Subdivision/PUD Agreement. 3.8 Drainaee. All development within the Project shall comply with the Drainage Plan recorded concurrently with the Final Plat. RLND shall be responsible for implementing the Drainage Plan, and drainage improvements shall be accomplished as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement 9 r,. ..,w fII II InI INI'uI I1'm1I' I{ N. \.~I ' II~IN~~IIO~,II~1N~1'I~~I,I~IIf~II~II~IIII ~I ~~~ 59Q~0©04301 3.9 Landscaoine: Tree Removal Fee. All development within the Project shall comply with (i) the Overall Materials Plan, (ii) the Overall Tree Landscape Plan, and (iii) the Overall Understory Landscape Plan recorded as part of the Final PUD Development Plan (collectively, the "Planting Plans"). RLND shall be responsible for implementing the Planting Plans, and landscaping improvements shall be accomplished as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. A tree. removal fee in the aggregate amount of $32,252.84 has been paid to the City by RLND. 3.10 Exterior Liehtine. All development within the Project shall comply with the Exterior Lighting Plan to be submitted to the Community Development Department for review and approval at the time of building permit application. 3.11 Ski Trail Easement. The Ski Trail Easement depicted on the Final Plat __ __ -___ _ .across the southeasterly corner of Lot 1; Residences at Little Nell Subdivision/PUD, was dedicated to the City on the Final Plat for the use of the general public during the winter months for downhill and cross-country skiing purposes only (motorized vehicles are prohibited), subject to the terms and conditions of said dedication and as more fully set forth in that certain Ski Trail Easement Agreement between RLND and the City recorded contemporaneously with this Subdivision/PUD Agreement as Reception No. .~/OZ ~~ 3.12 Relocation of Little Nell Chairlift. RLND shall be responsible for relocating the existing Little Nell Chairlift to approximately the location depicted on the Final PUD Development Plan, at RLND's cost and expense. Such relocation must be accomplished before a Certificate of Occupancy is issued for the Project. 3.13 Air Oualitv. (a) The City has determined that, subject to the provision of van service for the Project's owners and guests, and the advertising thereof, no further PM10 mitigation shall be required for the Project. (b) All development within the Project shall comply with the Envirommentai Health Depaztment's woodburning stove fireplace regulations in effect at the time of issuance of a building permit for the Project. (c) Before a building permit is issued for the Project, RLND shall submit a fugitive dust control plan to the Environmental Health Department for its review and approval. The plan shall address, at a minimum, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads,. and other measures as may be necessary to prevent windblown dust from crossing the property lines or otherwise causing a nuisance. 3.14 Geotechnical Requirements and Sloae Stability Monitorine. Throughout construction of the Project and for a period of two (2) years following the issuance of a Certificate of Occupancy for the Project, RLND shall comply with the geotechnical recommendations, and implement the slope stability monitoring, detection 10 IllniI~NIIIII{IIIIIII~IVIIIIII~IIIIII~III(HII~ 5o02eeO~sr®a3el SILVIR ORVIS PIIKIN COUNrY 00 R 166.00 D 0.00 and reporting program, contained in the Geotechnical Investigation for The Residences at Little Nell prepared by CTLlThompson under date of June 17, 2003 (Job No. GS- 3850). 3.15 School Land Dedication Fees. Before a building permit is issued for the Project, RLND shall pay to the City a cash payment in lieu of school land dedication,. for the Project's two (2) free market residential units and eight (8) Affordable Housing Units, in the total amount of $36,102.90. 3.16 Park Development Impact Fee. Before a building permit is issued for the Project, RLND shall pay to the City a park development impact fee in the total amount of $58,315.95. 3.17 Street Impact Fee. Befote a buildingpermit is issued for the Project, ___ _ __ RLND. shall pay to the City a street impact fee in the amount of $ 7,950.00, which is equal to the cost of placing a 2-inch asphalt overlay over half the width of Galena Street along the frontage of the Project to Durant Street. This payment is being made in lieu of returning Galena Street to an acceptable condition following construction of the Project, as provided in Paragraph 5 of Section 1 ] of Ordinance No. 30. 3.18 Storm Water Drainage Svstem Fee: Before. a building permit is issued for the Project, RLND shall pay to the City a fee in the amount of $ 172,000.00 as a contribution toward the cost of improvements to the City's storm water drainage system, and the City shall deposit the funds in a sepazate account for such purpose.. In the event the City has not expended the funds for such purpose within 5 years following the date of this Subdivision/PUD Agreement, the storm water drainage system fee shall be refunded to RLND together with 4 percent interest (non-compounded) accrued from date of payment to date of reimbursement. 3.19 Work in Public Rieht-of-Way. RLND shall first obtain the approval of the appropriate City Department before commencement of any work within a public right-of--way. 3.20 Damage to Public ltiehts-of-Way. RLND shall repair any public right- of-way damaged during construction of the Project prior to issuance of a Certificate of Occupancy for the Project, excepting damage to Galena Street covered by the street impact fee provided for in Section 3.17 above. RLND shall be responsible for the restoration of any sections of Galena Street to pre-disturbance condition in order to receive anoverlay. 3.21 Construction Hours. Construction activity within the Property shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. No construction activity shall be permitted on Sunday. 3.22 Construction Management Plan. All construction activities on the Property shall comply with the Construction Site Management Plan and Parking Plan submitted by RLND to the City concurrently with the building permit application. 11 r° II~I~ItNIII ~,II~~IH~~I61 I,~~I~~II ~II IIIII~II~~II a 8020005{04301 SILVIP DRVIS PITKIN cAUNTY 00 R 166.00 D 0.00 3.23 Imurovement Districts. On behalf of itself and any future owners of the Property and all interests therein, RLND agrees to join any future improvement districts that maybe formed for the purpose of constructing improvements that benefit the Property under an assessment formula. 3.24 Condominium Map. Upon substantial completion of construction of the Project, RLND shall submit a Condominium Map to the Community Development Director for review and approval. During the period of vested rights described in Section 2.3 above, the Condominium Map shall be reviewed under the applicable provisions of the City's Land Use Regulations in effect on October 25, 2002 (the date of submission of the Project's conceptual PUD application), which provisions are attached hereto as Exhibit A and made a part hereof by this reference. Following expiration of said vesting period, the Condominium Map shall be reviewed under the then-current condominiumization requirements of the Aspen Municipal Code. The - --- -------condominiumization of the Project shall be accomplished prior to the closing of the sale of any Fractional Interest or Free Mazket Residential Unit in the Project. 3.25 Van Service. The Association shall provide 24-hour van service to owners and guests of the Project. 3.26 License to Use Dean Avenue for Construction Sta¢in¢. City hereby grants to RLND a license to use so much of Dean Avenue adjacent to the Project site as maybe necessary from time to time for construction staging. in connection with the Project. In consideration thereof, within twenty (20) days following the end of each calendar month in which Dean. Avenue is used for staging,. RLND agrees to pay to City the sum of $1.25 per square foot per month for each square foot of Dean Avenue actually used for staging during said month, prorated for the number of days of actual usage during said month. 3.27 Ownership and Maintenance of Common Elements. Under the terms of the Declaration, all portions of the Project other than the Units (as defined in the Declazation) are Common Elements. The Common Elements aze owned in common by the owners of the Units and of the Fractional Interests, in the undivided interests described in the Declaration, and the Association is responsible for maintaining, repairing, improving, restoring and replacing the Common Elements, including any Limited Common Elements and Common Furnishings.. _ 3.28 Roof Plan. RLND shall limit the rooftop mechanical equipment in the Project to the equipment depicted on the Roof Plan to be recorded as part of the Final PUD Development Plan, shall screen such equipment as shown on the Roof Plan, and shall use non-reflective roofing material. 3.29 Pre-Construction Meeting. Prior to submitting an Application for the Building Permit for the Project, a meeting shall be held among the following parties: RLND, the Project Architect, the Project Planner, the Prime Contractor, a City Staff Planner, a Community Development Engineer, a Zoning Officer, and a Building OfficiallPlans Examiner. The purpose of the meeting shall. be to identify the approving 12 • I~~I ~~~II~I II~I~II II~~~IIII IIIIII I~1{~~ 058020 Sf 04301 L~~I~~R 0RVI5 PITKIN COUNTY LO R 166.00 D 0.00 ,-~ Ordinance and any amendments thereto, identify conditions of approval, identify the timeline for Final Plat and Subdivision/PUD Agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss the responsibilities of all parties in obtaining permits, changes, etc., and review the Building Department checklist. ARTICLE IV A. SUBDIVISION IMPROVEMENTS 4.1 Prior to the issuance of a Certificate of Occupancy for the Project, RLND shall accomplish the following subdivision improvements, all as depicted and described on the Final PUD Development Plan and other related documents that are attached to or recorded concurrently with the Final Plat: The utility and street surface improvements - identified on the "Costs Estimate for Proposed Public R.O.W: Improvements" dated February 15, 2005, and the "Site Cost Estimate for Dean Avenue and Galena. Street Improvements" dated February 14, 2004, copies of which are attached hereto collectively as Exhibit B. The aggregate estimated cost of such improvements is $819,589. 4.2 Before a building permif is issued for the Project, a construction schedule for the above-described improvements shall be submitted to the City Engineering Depaztment, and all applicable right-of--way permits and licenses must be obtained. 4.3 RLND shall complete the landscaping of the Property and the Dean Avenue right-of--way in accordance with the Planting Plans no later than six (6) months .following the issuance of a Certificate of Occupancy for the Project. RLND shall be responsible for ensuring the success of all landscaping installed pursuant to the Planting Plans for a period of 2 years following the date. of installation, and shall replace any landscaping that fails during such 2 year period. RLND or its successors or assigns shall have the right to plant additional native vegetation within the Residences at Little Nell Subdivision/PUD, as it may consider appropriate from time to time, without further approvals being required. The estimated cost of such landscaping improvements (including 2 years of maintenance thereof) is $321,038, as set forth on the Landscaping Cost Estimate attached hereto as Exhibit C and made a part hereof by this reference. 4.4 The estimated costs set forth in Sections 4.1 and 4.3 above shall be _________. updated to 2005 dollazs (or the year in which construction commences) at the time of building permit submittal, and the updated cost estimates shall he submitted to the City Engineer for review and approval. B. FINANCIAL ASSURANCES In order to ensure construction and installation of the subdivision and landscaping improvements described in Section A above, and to guarantee 100 percent of the current estimated cost of the subdivision improvements ($819,589, updated as above required) and 125 percent of the current estimated cost of the landscaping 13 .~~ II NN11 11 IInnII IIpp11pp11~~~~~~ ~~npII ~ II, lll'IiI I~~~III~III~~I,II~i1~~Il ltl ~ll~~l ~~II~II P 9©D 0.000 5301 SiLV1R MIViS PIMIN CWNTV CA Q improvements (including 2 years of maintenance thereof) ($401,298, updated as above required), RLND shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of $1,220,887, updated as above required. Said letter of credit shall be provided to the City prior to the issuance of a building permit for the construction of the Project, shall be in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default by RLND, to draw funds as necessazy and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party,. with any excess letter of credit amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed. before the unused remainder, if any, of such letter of credit is released to RLND. Provided, however, that RLND shall be given fourteen (14) days' written notice of default (and the right to cure during said period) prior to the City's ability to make a draw under the letter of credit. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of RLND shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions of the improvements required are completed, the CityBngineer shall inspect them, and upon approval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, twenty-five percent (25%) of the $321,038 estimated cost thereof (as updated), or $80,260 (as updated), shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. A Maintenance Bond, valid for two (2) years from the date of acceptance of all right-of--way improvements by the City Engineer, shall be provided to the City Engineer in the amount of $819,589 (updated as above. required), prior to any reduction in the amount of the letter of credit .for costs associated with right-of-way improvements. It is the express understanding of the parties that compliance with the procedure set forth in Article V below pertaining to the procedure for default and amendment of this Subdivision/PUD Agreement shall be required with respect to-the enforcement and --- - implementation of these financial assurances and guarantees to be provided by RLND. as set forth above. ~ ARTICLE V NON-COMPLIANCE AND REQiIEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that RLND is not acting in substantial compliance with the terms of this Subdivision/PUD Agreement,. the City shall notify RLND in writing specifying the alleged non-compliance and asking that RLND remedy the alleged non-compliance within such reasonable time as the City may determine, but 14 IIIi~111~1~IIIIfIIIIIN~HNIIII~II11111Nlllllllll.~9020~0 301 .~, not less thatt 30 days. If the City determines that RLND has not complied within such time, the City may issue and serve upon RLND a written order specifying the alleged non-compliance and requiring RLND to remedy the. same within thirty (30) days. Within twenty (20) days of the receipt of such order, RLND may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision/PUD Agreement should be granted with respect to any such non- compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order ofnon-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that 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 terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Subdivision/PUD Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if RLND demonstrates that the reasons for the delay{s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of RLND, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI PRIOR APPROVALS AND INSTRUMENTS 6.1 Plat of Tippler Townhomes Subdivision recorded November 25, 1998 in Plat Book 48 at Page 3. 6.2 Subdivision Agreement for Tippler Townhomes Subdivision recorded November 25, 1998 as Reception No. 424875. 6.3 Resolution No. 98-06 of the Aspen Planning and Zoning Commission recorded April 10, 1998 as Reception No. 415473, approving the proposed off-street parking plan for the Tippler Townhomes Subdivision. 6.4 Ordinance No. 6 (Series of 1998) of the Aspen City Council adopted May 26, 1998, granting final subdivision approval for the Tippler Townhomes Subdivision. 15 .- . I~INI1lIIIIl11111NIIINIUIIIIIII11111111111NINl 0fl0D 005 0043 0 1 S 6.5 Resolution No. 66 (Series of 2000) of the Aspen City Council adopted May 22, 2000, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26, 2003. 6.6 Resolution No. 17 (Series of 2003) of the Aspen City Council adopted February 24, 2003, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26, 2005. 6.7 Condominum Plat of Tipple Lodge recorded Apri12, 1980 in Plat Book 9 at Page 22. 6.8 Condominium Declaration for Tipple Lodge recorded April 2, 1980 in Book 385 at Page 883. 6.9 Subd_ ivision Exemption Agreement (Tipple Lodge Condominium) recorded October 29,-1979 in Book 378 at Page 294.. 6.10 Ordinance No. 23 (Series of 2003) of the Aspen City Council adopted June 23, 2003, approving the expansion of the Tippler Townhomes Subdivision onto the Tipple Lodge property. 6.11 Plat of Tipple Woods Subdivision recorded March 23. 1959 in Ditch Book 2A at Page 250, as amended by Subdivision Exception Plat recorded February 14, 1984 in Plat Book I S at Page 86 (collectivelythe "Plat"). Plat to be vacated, and new Plat of Tipple Woods Subdivision to be recorded, depicting remaining 3 Lots in Subdivision. 6.12 Agreement of Second Amendment and Restatement of Protective Covenants of Tipple Woods Subdivision recorded November 11. 1971 in Book 259 at Page 245. To be restated and amended in their entirety to reflect 3 remaining Lots in Subdivision. 6.13 Condominium Map of Tipple Inn Condominiums recorded in Plat Book 3 at Page 82, as amended and supplemented. 6.14 Condominium Declazation for Tipple Inn (A Condominium) recorded May 10, 1966 in Book 220 at Page 318, as amended by recorded First through Fourth. Supplements, and by Consent to Amendment of Declaration and Map recorded in Book 262 at Page 227. 6.15 Other recorded and unrecorded documents and instruments affecting title to the Property. ARTICLE VII. GENERAL PROVISIONS 7.1 The provisions hereof shall be binding upon and inure to the benefit of RLND and City and their respective successors and assigns. 16 I111111NIII~IIIINIININIIINIIII11111111111111 059020 04301 SILVIR DRVIS PITKIN COUNTY CO R 166.00 0 0.00 7.2 This Subdivision/PUD Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 If any of the provisions of this Subdivision/PUD Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision/PUD Agreement, and the application of any such provision, pazagraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 This Subdivision/PUD Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. RLND, its successors or assigns, may, on its own initiative, petition the City Council for an amendment to this Subdivision/PUD Agreement or for an extension of one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering al] appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all pazties hereto that are affected by the proposed amendment. 7.5 Numerical and title headings contained in this Subdivision/PUD Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used. herein, where. the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 7.6 Upon execution of this Subdivision/PUD Agreement by all parties hereto, City agrees to approve and execute the Final Plat and to approve the Final PUD Development Plan and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fees by RLND. 7.7 Notices to be given to the parties to this Subdivision/PUD Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to theparties by registered or certified mail at the. addresses indicated. below, or such-other addresses as maybe substituted upon written notice by theparties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 RLND: Aspen Land Fund LLC, Managing Member Attention: Brooke Peterson 302 East Hopkins Avenue Aspen, CO 81611 With Copy to: Arthur C. Daily, Esq. Holland & Hart LLP 17 ..~, 600 East Main Street Aspen, CO 81611 7.8 This Subdivision/PUD Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 7.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall. inure to the benefit of and be specifically enforceable by or against the parties hereto, theirrespective successors, grantees or assigns. I ~pI III NIIN III InI ~I ICI III NNl 11 ill 5 9 m2 0 °x04361 SIIVIP [MVIS PITKIN COUNTY !b R 186.00 D 0.00 18 ~. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: Attes Kathryn S. Ko ,City Clerk APPROVED AS TO FORM: Q/J7PL~ Joha orce ter, City Attorney. RLND: THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company By: Aspen Land Fund, LLC, a Colorado limited liability company, Managing Member By: CWA Development, LLC, a Colorado limited liability company, Manager y: Five glks, ~ C, a Col ratio sy:~~~ And By: Centurion Partners Aspen, LLC, a Colorado limited _ _ --- ------ --- - liability company, Member ry N u 510210 By: Centurion Partners, LLC, a I~IIIII~~~~~~I~HIIIIIIIII~I~~I~III~ es~iirizeesf ea3at .Managers limited liability company, SILVIQ ONVIS P37KIN CWNiY CO R 186.00 D 0.00 By: Scot Matteson, Managing Member 18 City of Aspen, Colorado, a Colorado municipal corporation ay: , ~ ~!~~r Mayor ¢.o ~y I1fI~NI~II~II~III~IIII1r~~~NINNIINII e9°?0~~0~01 STATE OF COLORADO ) Mike Smith, Managi g Member And By: Westpac Colorado LLC, a Colorado limited liability company, Member Patric N. Smith, Manager ss. COUNTY OF PITKIN ) The foregoing instrum~w s~C wle befo a me this ~~day of 2005, by yo~an at n S. Koch as City Clerk ofth City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. .~?`~~ PG3.. ` p ..l/P My commission expires: ~'~ -'fl Z00~' ? ,u+CxtE `i ~i~(otary Public STATE OF COLORADO ) ss. COUNTY OF ~ITY.~n~ 1 The foregoing instrument was acknowledged before me this ~ day of . ~ ; 2005, by Brooke Peterson, Manager of Five Rocks LLC, a Colorado limite liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fuad LLC, a Colorado limited liability , company, Managing Member of The Residences at Liitle Nell Development, LLC, a%--. Delaware limited liability company. , - •~ "~c~~-: ',.4~.., t°~~ Witness my hand and official seal. ~ ' ti i ,,,t{ , o o ~.i~~" My commission expires: q~2N ~ 0~ ~ (~ l~ _ ~ ~', = F - Notary Public Q 5 { ~~ boo F, (YlA ,N1. ~ 19 ~.. STATE OF L'~~(•Ivy p, ) ss. COUNTY OF ~Cl~+-~c., 1 The foregoing instrument was acknowledged before me this `2~ day of 2005, by Scot Matteson and Mike Smith, Managing Members of Centurion Partners LLC, a California limited liability company, Manager of Centurion Partners Aspen, LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware limited liability company. Witness my hand and official seal. _..r My commission expires: yl4e 2 ~ wav.... c..,~.,,Y..11 SrEPND1 EGLY CammWbn i ffi~6t NoLry PubOe- G~faenla ~~ STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2005, by Patrick N. Smith, Manager of Westpac Colorado LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Laad Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware limited liability company: Witness my hand and official seal. My commission expires: Notary Public ~ / I (INII I~I IIR~ ~,NI ~~~II~,I ~I ~IIIY,I I„I 65~; O22005f 04301 SILVIR DRVIS PiTKIN COUNTY W R 166.00 D 0.00 3188793 45,DOC 20 <., .STATE OF CALIFORNIA ~ ) )ss. COUNTY OF SANTA BARBARA ) On this. 28t" day of April, 2005,. before me, the uhdersigned, a No- tary Public in and for said State, personally appeared PATRICK N. SMITE, personally known to me (.ar ------° ~.. ~,e -.w r+ cccn) to be the person(aq whose name(-a) is/are subscribed to the within instrument and acknowledged to me that he/~/t4aey exe- cuted the same in his/~/bketr authorized capacity(~es), and that by his/her/.~ktir signature(s) on the instrument the person(s), or the en- tity upon behalf of which the person(3j acted, executed the instru- ment. WITNESS my hand and official seal. 00000 _ s p ~~_ _ .Notary Pubulic i n for id State NOTE: Attached to Subdivision/PUD Agreement for the Residences at Little Nell Subdivision/PUD undated re "Little Nell". II~~II ~~ II~ 1~~ ~ I~~ III~011~ nl~ll II HMI 5 fl ~/bZ0 ©`043e1 N C0lD1TY ~ - A Ifi6.00 D 0.00 s'~ ~i~t~~~~f~~~~~ _s~~ ~. CONSENT OF MORTGAGEE The undersigned, being the holder of two liens on portions of Lot 1, The Residences at Little Nell Subdivision/PUD pursuant to Deeds of Trust recorded as Reception Nos. 469347 and 500220 in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to and approves the recording of this Subdivision/PUD Agreement, and hereby subordinates the liens of said Deeds of Trust to the matters set forth herein. Dated this day of May, 2005. - _ _- - ----------Alpine Bank, Aspen By: Its: ~~i~..r-- STATE OF COLORADO ) ss COUNTY OF PITKIN ) The forego' Consent of Mortgagee was acknowledged before me this .~ day of May, 2005, b T~ /1._~s~ as ~~ ~ t , aC.,.~f-- of Alpine Bank, Aspen, a Colorado corporation. Witness my hand and official seal. My commission expires: //mil }~~O j N ary Public 3374870_LDOC._ __. _~__. JRN-03-2006 13:08 FR°M:H°LLRND ?*°"~iRRT 9709259415 T~~.."70 920 9310 .'` Qt c. 21. 2005 4;41PM i4• ~ Assoc_YEi0rl/~dai d4o.i)jU4 EXHIBIT NiLMORANDUM TO: Chris Benders, Community Developmert Director FROM: James Ludt, Senior Plarmer ~~ RE: The Reaidentzs at Little Pia1F Insubatanilal PDA Ameru9.roeat DwTE: December 8, 2005 SUMMERY: The Itcsidences at LiWe Nell, LLC, represented by Vann Associates, has applied for as insubstatrtla! amendment m the approved Residmcnv sz Little NeII Subdivision/1'UD to ~ ~ amend the approved PUD to allow for the two (2) &ao-mladcet trsdem4al units opproved N w'iQtin the development to bo oonverred m fractional ownaahip units. Ordinance No. 30. m m m Series of 2004, which approved the Residences at Little Nell Subdivision/PUD contained s ~ o m a oondidon o£ approval allowing for rho aub,~ect units to be fractioneliud pursuant m an ~ - ~ o insubstantial PUD otrrendment d N T QI \ I.p a" ~ o AYPL1CETir: The Residences at Little Nell, LLC, Represented by VenD Associates. ~~ .. f f~ ¢ iM~L\Gi S Lodge With aPLJD Overlay. r ~ laevrttw a RWPi/t~~ii ~~ The Cottunuaity Developmerrt Director may approve, approve with conditions, of deny aD s~ insubstantial .ameodmerrt to an approved PUD pursaant to Land Use Code Section a 26.445.100, Ploaad Una' Ueveiopments. ~~~ • ~; STwP6lbMM6Nrs: +~ in reviewing the Applicant's request, Staff believes that the coDrecsion being proposed is ~Y consistent with the approvals gnmted in Ordinance No. 30, Series of 2004, approving the ~~ Resideaoen at Linle Nell Snbdtvlslon/PUD. The ordlaanee'approving rho original projoct ~a contains a scetiom idetmfying that the Applicmr may convert the two (2) wholly,owaed residential wars m tiactionai uaiu and ioclude,them is the titneshauw use plan, provided that as iasubstarrtial PUD RnandtLeat ie approved for record keeping purposes Staff further feels that the proposed conversion is consi, .,,r with the lodging goals of the eommtmity In that the units eta snore ]ikely to be occupied and reared on a ahortterm basis if they are included in the Emesbaro uoe plop than if they ore ttsaiotaiacd as Wholly-owned midential mtlt6. I2aCOatMLNA~TtON: Staff believes that this application meets the review standards for granting an fnaubetontial PUD amerultnent and reconvnmds that the Cottunuaity Developmtarc Diroetor approve this insubstantial PUD amendment to allow for the two (2) vvholIy-owned residential units Receivec -iae Dee. ~3. 10:§4PM °EC-zl-zae<Received~Time'Jan 3 ~' 8 01PM I°= PAGE:e02 R=952 JRN-03-2006 13:08 F[ROM:HOLLRND ~"~iRRT 9709259415 T~ 70 920 9310 P.3~9 ~'EC. ~~ 1107' 4:42PM ~ 1p ,4$$g C, :Yttuflviubl Vo.0~04 rP. 3 approved iin the orignal PUD to be converged to timecltale lodge units and included in t11e tmeshare use plan. ArPROVat,: I herefry approve this insubstnatial amendment m the Residences st Liu[e Nell 5ubdivisiotl/PUD allowit4g for tDc two ("2) whollyrowned residontlsl units tp be cOriverled i0 timeshare lodge rooms and included in the ltesidcnces at Little Nell's timeshare use plan, wleh the 4~Ilowiag condition: 1. The Applicant shall record this docltmeat at the Pitldn County Clerk aad Recorder's Office within thirty (30) days of applnval_ 2. The units subject to rlte conversion shall be included in the tirrleshare use plan Pursuant to the terms that wale applied to the other fiactional units in t11e Residences at Little Nell SubdivisiollfPUD. 3, The School Lands Dedication fees that ware paid to the etity of Aspen for the two (2) free market residential units :albject to this application s11a11 not be refundable. C~~l-~ datel.~YL ~,~ Clu'u Bendort, Community Development Director ACCBPTANC~ i, as a person being or Srpreselt~g the appllwnt, do hereby agreo to the condition of this approval sod certify the Informetlon pmvidod in this application is correct +a the best of my I;nowledge. A9plicunt: ATTaCrrtNlaKrs: E>~ibit A - Redrew Critelie and StaffFindiags F.xllibit B -Application I(VIIIIIIIIIIIIIIVIII)IIIIVIII(VIIIIIIVIIIIIII(III 596 z68 $ ]RNI CE K Vg5 CGUDILL vITKIN Co~R.ITY Co 01.581 R 41.00 D 0.00 Z Received Time Der.l?. 10'S9PM DEC-21-200Ref°'ivedMTimeRJan~~?.~` 8:01PM 100 PfiGE:003 R~5% JRN-03-2006 13:08 FRCJM:HOLLRND °'''RRT 9709259415 TCI-~70 920 9310 P.4~9 Gcc.21. i(~0§ 4:42PM 'Va ~4ssoc._VitOPi~~~N1' PVo.0364 ~P, ~ ------------- IIIIIIIII~II 518768 IIIIIIII'IIIIIIIIIIIIIII'III~IIII'II'~IIIII co R 41.0029220 ®000 t.391 JpNIC6 K V lnsnbsmntfal PTJD Amendment. t. A change m the use m character of the development Exhibit A Review Criteria Stuff Findine: Staff does not believe that the proposed atneadntaat an11 change tiro character of the development and will farther compliance vritb the community's lodging goals. Staff finds this critmionto be met 2. Aa iact~se by greaten than three (3) percent in the overall coverage of structures on the hmd. Staff Findine: The ~eadmemt does not increase tho overall wvaa~ge of structures. Staff Snds this criterion W be met. 3. Any amemm~ent that stabstaatially increases tt}p generation tales of the proposed developmmt, or the demand £or public Facilities. Staff Findia¢: Trip generation and demand for public infrastructure a¢z not impacted by this Ch3Ilge_ Staff Ends this crilerinn to be met 4. A reduction by greatar than three (3) percent of tix approved opm space. Staff Findine: The tunaemt of open space wi11 not ba reduced as a result of this amendment Staff finds this criterion ro be met 5. A reduction by gteate¢ than one (t) petceut of the off-saeaparkiag and loading space. Staff Findin¢; The Applicant is not regyesiing an ameadmera to the resisting or rcgnired Dumber of patldng spaces. Staff finds this criterion to be mar. 6- A reduction in tegtrired pavement widths or rights~af--wtgr for streets and easements- Staff Finding: The Applicaot is mot proposing cheagas to rift-of-~rrp widths, Staff finds this ctiaman m be met Received Time Det:.13. 10;59PM DEC-21-2005Received Tme~Jan. 3.'t 6:07 PM ID: PRGE:004 R~s~ JRN-03-2006 13:08 FROM:HOLLRND € +RRT 9709259415 TC''°70 920 9310 P.5~9 ' Gfc. 21. 1405 4:42PM Va 4ssac, iYEIOr~PP~', IVo. 004 iP. h 7. An increase of greater then two (2) percent in the approvexl gross le~sabla floor ama of caounercisl buildings. Staff The Applicant is trot proposing changes to a commercial bulldiag. Staff finds this cxilezion to 1>e mat- 8. An increase by greater man one (1) petcceat in the approved ro9idemial density of the developmaat. Staff Pindinn: The Appliearrt is not proposing al] increase in the resideetial density. StafF finds tIus criterion m be met. 9. ~1' clrsnge which is inconsistent vnth a condition Or xapresentatioa of the pzojeeYs origins! approval or which regtures gantiag a ttuther vaziation from the proj aces approved use ox dimmeional zegnitemenu. Staff Fi:tcfin¢: The proposed amandmeai i9 consisted with the project's original approval. Staff finds this erjterion to be ttlef. IInIIIII~IIIIIIIIIIIII~IIIIIINIIIIIIIIIIIIIIIIIIII 5v8 i68 ol:sai JaNICE K VOS GiiWILL ViTKIN CAUNTY CO R 41.00 D 0.90 fieteived lime Dec. 13, ID:59PM DEC-21-z00Recelved Time'AJan. 3.~ 8:07PM ID: PRGE:005 R=95y JRN-03-2006 13:08 FROM:HOLLRND R~"RRT ~~ec.21, 2G0§ 5:29 PM ~' 1 Assoc, VANN ASSOCIATES, ttC Planning CansuMants November 25, 2005 V o. P.6~9 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 596 268 el:ssi BAND DEIdVFdtFil1 °~~ JRNIGE K VOS CRWILL PITKIN COUNT? CO R 41.00 D 0.00 A4r. CIII~ BendOn, Diteetor Aspen Community Development Depazlmem 130 Soath Csalena Street Aspen, CO 81611 Re: The Residences at Little Nell Snbdilnision/PIJD Insubstantial PUD Amendment Dear Chris: Please consider this letter an application for an iosubsta>mal PUD atnendmem for the Residences az T _ilrir Nell Sttbdivisian/PUD (see Exhibit 1, Pro-Application Conference Stltl~ary, attached hereto). The application is submittal ptlrsoant to Section 26.445. 100.A. of the Aspen Land Use Code by the caner of the property, The Residences ar Little Nell Development, Li..C, a Delaware limi.[ed liability company. A Cammitmurt, for Title Inauratrce evidenamg the Applicant's ownership of the property is attached as Exhibit 2. Permission for Vann Associates to zepreseat the Applicant is attached as Exh1'bit' 3. Aland use application form and an application foe agreement arc affacbed as Exlu"bits 4 and 5, tlspectlvely. Proposed Amendment As presently approved. the Rtidcnces az Little Nell project cotneitl9 two ft'ee market residemial units which were to be wndominitmtlxed and sold as whole ownership units. The two units are depicted as Unite A affi B on the attached Hoar phms which ovens subaritted in colmectioa with the project's final PitD application (see Bxhibit ~. Section 9 of City Council Orditwnce No. 30, Series of 2004, which granted final PUD approval to the project, provides for the conversion of the two nniu [o fractional ownership orate sad lhcit ~clusion in the approved timeshate use plan subject to the approval of an insubstantial PUD amendmettt (txe Elthrbit 7). This provision is also memorialized in Article III., paragraph 3.1(b) of the project's 2eC01'ded tarbdivi- sion/PUD agreement (see Exhibit 8). Given the populazity of the projax's fractional ownership rusts, as evidenced by meat sales, the Applica>t aPiehes to exercise the right to include the two free market residential units in the project's timeshare use plan and tD sell fractional interests therein. 230 East Hopkins Ave, • Aspen. Colorado 8167' • 970192$-698 • Fax 97019249310 9709259415 TC'" "'0 920 9310 DEC-21-2~Received~Time~'Jan. 3.'-r8:07PM ID° PRGE-001 R=95r JRN-03-2006 13:09 FROM:HOLLRND P""'RRT uEt. LI. LVV9 7: L;YM V a ,4S50C. Mr. Chris Hendon November 25, 2005 Page 2 Review Requirements 9709259415 TC'""~"~0 920 9310 P.7~9 Vo.0~6§ F. 2 While Ordinance No. 30 imposes no conditions on the Applicant's right to convert the two residental tulits to fnadonal ownershkp units, Seetiou 26.445.100.A. of the Regltlations contaiav vazious I;ritelia regarding the applicability of the iasltbstan6ai PUD amergtatent process. The foUowitlg are specifically 1~~ from wnsider- ation as an insubstantial ame~at. 1. "A change in the use or character of the devebpment." The proposed conversion of the two whole ownership fret market residential twits to fraetioaal ownership units will not change the predominant use or character of the development. 2. "An increase by greater than three percent na tht overaD coverage of strncttars on the laud.,' The proposed conversion will not increase the development's land coverage- 3. "Any amendment that substantially increases trip generalion rates of the proposed development or the demand for pu66c facilities." the proposed conversion will not increase the development's trip generation rates of lncrease its demand for public facilities, 4. "A reduction by greater than throe percent oYtbe approved open ~~ ri The proposed conversion will not reduce the develDpment's approved open ~~- 5. "A reduction by greater than one perc®t of the off-street P~nS and loading space." The proposed conversion will not reduce the development's approved on-site parking or loading area. 6. "A rt~ttctioo in requiaed pavement widths ar rights-of-way [or streets or easements." The development does not contain internal streets. I IIIIII ulll IIIIII IIIIIIIIII VIIIIII~I IIIVIII IIII IIII ~ g 8 zm8 s JRNICE K VOS CAUDILL PITKIN COUNTY CO 5 01 .5EI R 41.00 D 0.80 DEC-21-2005 tq:'i~om rOV:o~n o~ n~.n ID: Received Time Jan. 3. 8:01PM PRGEce02 R~JSx JAN-03-2006 13:09 FROM:HOLLgND ~^'~+qRT 9709259415 TC`^70 920 9310 - Qtc. 21. i(i0§ 5::(~PM V~ Assoc. Vo. U~Uh r• i Mr. Chris Hendon November 25, 2005 Page 3 7. "Aa increase of greater than two percent in the approved gross leasable floor area of oomtnercial bttild'mgs. ° The gropoacd conversion will not affect the developmenn's approved net leasable commeroial area. No variations from the development's approved dimension- al requaaments an required. 8 "An increase by greater than one percent in the approved reaidrn- tial deadly of the developsneut." The proposed conversion will not increase the developmem's approved residential density. No residential units will remain following the conversion 9. "Arts change which is inconsistent with a condition or representa- tion of the project's original approval or which requires granting a variation from the project's approved use or dimensional regniroments." The proposed conversion is specifically provided for um the development's approved subdivision/ptJD agreemera. P.8'9 To ensure that the proposed insubstantial 1'UD amendment tracks with the develop- ment's prior approvals; the Applicant requests that your adminisnative approval docu- ment specifically rs;fetetrx the legal description of the Residences property (sx Exhibit A W the Title Commitment}, and that you record the document with the Firkin County Clerk and Recorder. Should you wish, the Applicatrt's attorney, Art Daily, would be happy to review the document to ensure that appropriate references as made to both Ordinance No. 30 and to the recorded subdivision/PUD agteemenft. Should you have say questions, or if I can Iz of nay farther assistance, please do not hesitate to call. Yours truly, LLC IIIIIIIIIIII~~IIflIIII11IIlII~IIIIIIIIIIIIIIIIII 598768 s .1RNIGE K VOS Cli~plLL PITKIN GOLNJty Cp IIII X22/2005 01.581 R 91.00 D 0.00 [~C-21-20~ ~~•,_~+ rgv•o~a q2a oZ~a Ip: PL1GE:003 R=95> Received Time Jan. 3. 8:U7PM Attachments JRN-03-2006 13:09 FROM: HOLLRND F.~'`+RRT 9709259415 6e c. 21. i(!OS 5~i0PM Vaei, sot. Mr. Chris Bendon November 25, 2005 page 4 cc: Brooke Peterson JoDn Satpa Art6wr C. Deily. Fs9• c:bldcl W s\ciry.epp uPPM14702amd TO'""'0 920 9310 Vo. U~Uh ~IIIIIIIIIIIIIIIIIINIIIillllllllllll 52 e 868 01:581 IIIIIIIIIIIIIIII ORUOILL P1TK1N COUNTY CO R Al .00 D 0.00 r. P.9~9 oee-2l-zeRecelved TimeFJao. 3. `- 8:01PIv~ ID: PRC,'E=004 R=95~ EXHIBIT l CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 7/16/08 PROJECT: Residences at the Little Nell REPRESENTATIVE: Sunny Vann TYPE OF APPLICATION: Insubstantial Planned Unit Development (PUD) Amendment DESCRIPTION: The prospective Applicant would like to memorialize a number of changes that have occurred from final approval to construction of the building such as minor changes in the net leasable area, miscellaneous architectural changes and minor structural changes. The property is part of a Planned Unit Development (PUD) and approval is required to modify the PUD and memorialize the changes. The Applicant should verify that the request is exempt from 8040 Greenline Review. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.030 B. 8040 Greenline Review -Exemption 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 $245 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 affecting the parcel, 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 Summary. 7. An 8 1/2" x 11"vicinity map locating the subject pazcel 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 development 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. EXHIBIT I~I~J CWA DEVELOPMENT LLC `r~ ASPEN I NEWPORT BEACH I SANTA BARBARA July 22, 2008 VIA HAND DELIVERY Mr. Chris Bendon, Director Aspen Community Development Department City Hall Aspen CO 81611 Re: Ownership of Residences at Little Nell Dear Chris: Z Please allow this letter to serve as confirmation of the ownership of the following described real property located in Aspen Colorado by The Residences at Little Nell Development LLC ("REND"): Lot 1, The Residence sat Little Nell Subdivision according to the Plat thereof recoded May 17, 2005 in Plat Book 73 at Page 21 in the Office of the Clerk and County Recorder of Pitkin County Colorado. This is the property where The Residences at Little Nell is located. I am an Authorized Signatory for REND and an attorney licensed to practice in the State of Colorado. Should you have any questions, please do not hesitate to contact me. BAP 500 WEST MAIN STREET ASPEN, COLORADO 81611 POST OFFICE BOX 8238 ASPEN, COLORADO 81612 T 1-970-925-3633 F 1-970-925-5295 W W W.CWA-OEVELOPMENT.COM EXHIBIT July 9, 2008 Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Bendon: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for an insubstantial PUD amendment for The Residences at Little Nell. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, AT LITTLE NELL DEVELOPMENT, LLC Aut$elri~ed Representative 302 East Hopkins Avenue Aspen, CO 81611 (970) 544-0499 d: \oldc\bus\city.ltr\1[[27108. cb 1 EXHIBIT APPLICANT: LAND USE APPLICATION Name: Location: (Indicate street address, lot & block number, legal description where appropriate) ParcellD # (REQUIRED) REPRESENTATIVE: //,~,. vv'' ' / Name: `~~Y~~ ~N~~ ~. ~iC Address: ?i ,~` ~ ~r~/~S ~/uG. --~y°~~ ~~ ~/~/ Phone #: Zs'GgSB ~ PRO.IECT: ,~- Name: ~j~ /r~,~//~~~ ~~1G~7 ~~! Address: Phone #: ~'Zb' -' ~~~ TYPE of APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review [v]' 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, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ TexUMa Amendment EXISTING CONDITIONS: descri tion of existin buildin s, uses, revious a royals, etc.) PROPOSAL: (descri tion of ro sed buildin s, uses, modifications, etc. G.~ ~4P/°L/~gTi4C/ H^av~e ou attached the following? FEES DUE: $ ~i~~ L~ r'~-Application Conference Summary [/Attachment #1, Signed Fee Agreement ^ esponse to Attachment #3, Dimensional Requirements Form [Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Develooment Auolication Fees EXHIBIT CITY OF ASPEN (hereinafter CITY) and ~ry~ ~-~~~~ ~ C~~G~r ~~lG l~'~~'~ °~" GGC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their heazings 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 aze necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agee that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planing Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agees that in consideration of the CITY's waiver of its right to collect full fees prior to a-d~ete~in-anon 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 actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director has submitted to APPL :5 0 ucc A r /. L . I v 13 A1.fNT r ate: `~' ~O ~ Billing Address and Telephone Number: Required LL C g:\support\forms\agrpayas.doc 11/30/04 ~ .~, ,. r i IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIII III (III 5@4 Z68 31:06P SILVIR DRVIS PITKIN COUNTY CO R 76.00 D 0.00 ~"', Minimum Lot Size 66,737 S uaze Feet Minimum Lot Area per Dwelling Unit No re uirement q Maximum Allowable Density No requirement 24 units, comprised of 19three-bedroom units Timeshaze units and Sfour-bedroom units. 16 of the timeshaze units include "lock-off' units for a total of 40 rentable divisions. Lod e Units 8 units 2 Free-market units. Also see Section 9. Residential Units 8 Affordable Studio units. Also see Section 8 Minimum Lot Width 206 feet measured along the Dean Avenue ri ht-of-wa . Minimum Front Yazd Setback 0 feet Minimum West Side Yazd Setback 0 feet Minimum East Side Yazd Setback 0 feet Minimum Reaz Yazd 4 feet Maximum Site Coverage As represented on Final PUD Development Plan. Reference drawin #9 of a lication. As represented in the recorded Final PUD Plans Height Plan. Also see Section 3. Maximum Height Reference drawing #30 of application. The recorded Height Plan shall govern over the a lication drawin s. Min. Distance between Buildin s No Re uirement 0 percent, provided areas outside the building Min. Percent of Open Space footprint shall only be developed according to the Final PUD Development Plan. Reference drawin #9 of a lication. Allowable External Floor Area 108,000 s uaze feet. 2 short-term spaces within the porte-cochere Minimum Off-Street Pazking Spaces 70 spaces within the underground parking gazage. Reference drawings #10 and #11 of a lication. Section 3: Height Plan The Final PUD Plans shall include a height plan depicting the height of the building at vazious points relative to the lower of existing or proposed grade and relative to a fixed elevation control point. Section 4: Multi-Family Housing Replacement Program The Development Order issued commensurate with fmal approval by City Council shall ~,..,, constitute a "Certificate of Compliance" in accordance with Chapter 26.530 - Multi- Family FIousing Replacement Program. City of Aspen Ordinance No. 30, Page 5 Series of 2004. •-- ~._ .. ii~nhe~t~irh~ ~°~ .:_ l"1 ~'+ Minimum Lot Size 66,737 S uare Feet Minimum Lot Area per Dwelling Unit No re uirement 9 Maximum Allowable Density No requirement 24 units, comprised of 19three-bedroom units Timeshare units and Sfour-bedroom units. 16 of the timeshaze units include "lock-off' units for a total of 40 rentable divisions. Lod a Units 8 units 2 Free-mazket units. Also see Section 9. Residential Units 8 Affordable Studio units. Also see Section 8 Minimum Lot Width 206 feet measured along the Dean Avenue ri t-of-wa . Minimum Front Yazd Setback 0 feet Minimum West Side Yard Setback 0 feet Minimum East Side Yazd Setback 0 feet Minimum Reaz Yard 4 feet Maximum Site Coverage As represented on Final PUD Development Plan. Reference drawin #9 of a lication. As represented in the recorded Final PUD Plans Height Plan. Also see Section 3. Maximum Height Reference drawing #30 of application. The recorded Height Plan shall govern over the a lication drawin s. Min. Distance between Buildin s No Re uirement 0 percent, provided azeas outside the building Min. Percent of Open Space footprint shall only be developed according to the Final PUD Development Plan. Reference drawin #9 ofa lication. Allowable External Floor Area 108,000 s uaze feet. 2 short-term spaces within the porte-cochere Minimum Off-Street Parking Spaces 70 spaces within the underground parking gazage. Reference drawings #10 and #11 of a lication. Section 3: Height Plan The Final PUD Plans shall include a height plan depicting the height of the building at various points relative to the lower of existing or proposed grade and relative to a fixed elevation control point. Section 4: Multi-Family Housing Renlacement Program The Development Order issued commensurate with final approval by City Council shall ~.,,, constitute a "Certificate of Compliance" in accordance with Chapter 26.530 - Multi- Family fIousing Replacement Program. City of Aspen Ordinance No. 30, Page 5 Series of 2004. ~. ~. ~~~' 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. The revised restaurant entry will add approximately 100 sq. ft. to the floor area or approximately .1 % of additional coverage on the Gondola Plaza level. 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. A reduction by greater than three percent (3%) of the approved open space. There is no change to open space, as none is required. 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 utilized by the use. 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. An egress easement was granted by Aspen Skiing Company which is located on an adjacent property. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. 100 sq. ft. addition to the restaurant entry on the Gondola Plaza Level which will add approximately .09% of additional gross leasable floor area. The remainder of the changes is a reconfiguration of the leasable areas. ~ ~~ ~~trti-_ /~S' ~~~/~ i5 Via ~y~l~~CccSL ~~ V~.Q~ ~-C~.s~~o~- 8. An increase by greater than one percent (1%) in the approved residential density 'of the development. ~ ~No change to the residential aspect of the PUD. 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. ~htia~~,v~e~v~- -tom ~ ~ ~ (~-e.~~'`'L ~~ t,,,~~ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested 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 anniversazy 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. After 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. RESIDENCES AT L[TTLE NELL DEVELOPMENT. LLC Property Owner's Name, Mailing Address and telephone number Residences at Little Nell Development LLC 510E Dean St Aspen CO 81611 lot 1 Pazcel Number: 2737-182-93-034 Legal Description and Street Address of Subject Property ~proval of an Insubstantial PUD Amendment allowing for miscellaneous desien, structural and architecturalchanaes Written Description of the Site Specific Plan and/or Attachment Describing Plan Insubstantial PUD Amendment, Seatember 3, 2008 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Member 14, 2008 Effective Date of Development Order (Same as date of publication of notice of approval.) Seatember 15, 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 3`d day of September, 2008, by the City of Aspen Community Deve~o ment Dire or. Chris endon, Community Development Director /'A AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~ ~ F IAN S+-. Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I> 1(2Cey ~~d~ (name, please print) being or repre enting 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 26306.010 (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. Signa~e (;~~ The foregoing "Affidavit of Notice" was acknowledged before me this II S day of C~~.-nbety , 200 $, by karty p~h WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE a DEVELOPMENT APPROVAL Notice is M1ereby given to Me general publk: of the approval of a site specific tlevelopment plan, and the creation of a vestetl propperty right pursuant to the Lantl Use Cotle of the Gity of Aspen antl Title 24, Article 68, Colorado Revisetl Statutes, pertain ing to the folbwinq tlescdbed property: 501 E Dean St ,also known as The Resitlences at Lihle Nell, by [he Omer of the Communty pevel opment Director on September 3, 2008 the appli cant receivetl approval of an Insubstantial PUD Amentlment for miscellaneoue design, stmdural antl amhitedural changes to the buibrng. For futlher information contact Antlrea Hingley, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Coloratlo (9]0) 429-2]9]. ar cdy a ABparl Published m the Aapen Timec Weekly on Septem bar 14, 2008. 12198909( My commission expires: ~'~~ ~I ~ ~~ I n b ~~.c~ ~ ~ c Notary Public ATTACHMENTS: COPY OF THE PUBLICATION ~~~ ~, MEYER My Commission rrdres 0811012010 .-~ ,~., 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: 501 E. Dean St., also known as The Residences at Little Nell, by the order of the Community Development Director on August 29, 2008 the applicant received approval of an Insubstantial PUD Amendment for miscellaneous design, structural and azchitectural changes to the building. 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 September 14, 2008 ~. ~,,, NOTICE OF APPROVAL For an Insubstantial PUD Amendment and an Insubstantial Amendment to an Environmentally Sensitive Area Development Order to The Residences at Little Nell, 501 E. Dean Street Parcel No.: 2737-182-93-6034,2737-182-93-6035,2737-182-93-6036,2737-182-93-6037, 2737-182-93-6038,2737-182-93-6039,2737-182-93-6040,2737-182-93-6041,2737-182-93- 6042,2737-182-93-6043,2737-182-93-6044,2737-182-93-6045,2737-182-93-6046,2737-182- 93-6047,2737-182-93-6048,2737-182-93-6049,2737-182-93-6050,2737-182-93-6051,2737- 182-93-6052,2737-182-93-6053,2737-182-93-6054,2737-182-93-6055,2737-182-93-6056, 2737-182-93-6057,2737-182-93-6058,2737-182-93-6059,2737-182-93-6060,2737-182-93- 6061,2737-182-93-6062,2737-182-93-6063,2737-182-93-6064,2737-182-93-6065,2737-182- 93-6066,2737-182-93-6067,2737-182-93-6068,2737-182-93-6069 APPLICANT: REPRESENTATIVE: SUBJECT & SITE OF AMENDMENT SUMMARY: The Residences at Little Nell Development, LLC Sunny Vann (Vann Associates, LLC) The Residences at Little Nell 501 E. Dean Street The applicant has requested an Insubstantial PUD Amendment to the Residences at Little Nell for miscellaneous design structural/architectural changes. The amendments include: • Revised Rooftop Stairs - The stairs have been narrowed to accommodate the equipment room enlargement. w ~ • Pool Access Control Gates o ~ ~ - Security fencing has been added for controled access to the pool. o z ~ • Egress Easement o~NO a c - An emergency access easement onto Dean Ave. From Aspen Ski Company to O O y o ~ '= the Residences at Little Nell has been granted. u C c p = • Revised Egress and Rear Residences Access Structure o ~ - The roof assembly had been changed because of building code requirements. t(1 T ~ ° y ° ' Revised Unit B Roof Confi uration g r p a ~ >° - Roof changes were made to accommodate floor plan changes. n~ o ,~ Y • Revised Main Mechanical Exhaust Shaft Roof Assembly and Finished Roof Elevations , ~ a LL e - A 5 ft high screenwall to hide mechanical equipment/vents on the roof has wr:o,~ ~ ~ ~ ~ been added. • Revised Elevator #4 Overrun - Distinguishing between the elevator overrun and stairway on the roof. • Revised Pool Equipment and Rooftop Restrooms ~, ~-, EXHIBIT `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. The revised restaurant entry will add approximately 100 sq. ft. to the floor area or approximately .1 % of additional coverage on the Gondola Plaza level. 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 open space, as none is required. 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 utilized by the use. 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. An egress easement was granted by Aspen Skiing Company which is located on an adjacent property. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. 100 sq. ft. addition to the restaurant entry on the Gondola Plaza Level which will add approximately 1.1 % of additional gross leasable floor area, which consists of. 3830 sq. ft. retail, 3640 sq. ft. Restaurant/Bar/kitchen and 1430 sq. ft. of ski lockers for a total of 8900 sq, ft of commercial space. There is zero net change in the net leasable area. There is no impact on the employee generation. 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. 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. ~.• x VANN ASSOCIATES, LLC Planning Consultants July 23, 2008 RECEIVED 'JUL 2 9 2008 HAND DELIVERED CITY OF ASPEN Mr. Chris Bendon, Director COMMUNITY DEVELOPMENT Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Residences at Little Nell Subdivision/PUD Insubstantial PUD Amendment Dear Chris: Please consider this letter an application for an insubstantial PUD amendment for various revisions to The Residences at Little Nell Subdivision/PUD (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.445.100.A. of the Aspen Land Use Regulations (the "Regulations") by The Residences at Little Nell Development, LLC (hereinafter "Applicant"), the owner of the property (see Exhibit, letter from Brooke A. Peterson). 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 October of 2004, the City Council adopted Ordinance No. 30, Series of 2004, which granted final PUD development plan approval for the development of The Residences at Little Nell. The Residences at Little Nell is a mixed use, timeshare lodge which, as originally approved, consisted of 24 fractional ownership units; 2 free market residential units; 8 lodge units; 8 affordable housing units; 8,900 square feet of net leasable commercial area; and a subgrade parking garage. Ordinance No. 30 also (i) granted subdivision approval to subdivide a portion of the adjacent Aspen Skiing Company property, eliminate the existing internal lot lines within the project site, and replat the remainder of the adjacent Tipple Woods Subdivision; (ii) rezoned a portion of the project site to CL, Commercial Lodge, PUD; (iii) granted approval to condominiumize the project and to sell its fractional ownership units pursuant to a timeshare use plan; (iv) exempted from groRwth manage 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-93 DECEIVED JUL 2 9 2008 CITY OF ASPEN roMMUNITY DEVELOPMENT .~ Mr. Chris Bendon July 23, 2008 Page 2 went the conversion of existing residential reconstruction credits to lodge units, the reconstruction of demolished commercial square footage, and the project's on-site affordable housing units; and (v) approved an amendment to the Little Nell Specially Planned Area plan. The final plat for the project is recorded in Plat Book 73 at Page 21 in the office of the Pitkin County Clerk and Recorder. The project's final PUD development plan and various associated plans and elevations are recorded as Reception No. 510209. The project's subdivision/PUD agreement (the "Agreement") is recorded as Reception No. 510210, a copy of which is attached hereto as Exhibit 6. Please note that the Agreement incorporates all relevant provisions of Ordinance No. 30, and that the Agreement specifically governs in the event of any inconsistencies between the two. In December of 2005, the Community Development Duector approved an insubstan- tial PUD amendment to permit the project's two free market residential units to be converted to fractional ownership units as provided for in Ordinance No. 30 and Article III, paragraph 3.1(b) of the Agreement (see Exhibit 7). In January of 2008, the Applicant submitted updated documents governing the project's condominium/ fractional ownership components (e.g., Declazation of Condominium, Fractional Ownership Reservation Policies and Procedures, etc.) to the Community Development Department as required pursuant to Section 26.590.090(B)(3)(a) of the Regulations. No further revisions to the project have been requested or approved to date. Proposed Amendment In general, the Applicant's proposed insubstantial PUD amendment consists of various revisions to the project's architecture which have resulted from further, more detailed design development and/or specific building code requirements. Eleven specific revisions are requested, each of which is summazized below. Please note that the vazious revisions have been highlighted on the relevant copies of the recorded PUD development plans and/or the project's building permit submittal drawings, both of which accompany this application. 1. PUD-1: Revised Rooftop Stair The original stairway located between the rooftop Pool Equipment room and the south roof edge, which leads from the lower fifth floor Roof Garden up to the Pool Garden level, has been narrowed to accommodate the enlargement of the Pool Equipment room (see Sheet 8 and Building Permit Sheet A250). 2. PUD-2: Pool Access Control Gates T .~. ., ; Mr. Chris Bendon July 23, 2008 Page 3 Steel security fencing and locking gates have been added at each of the two access ways to the rooftop pool area as required by applicable regulations. One gate is located at the top of the stairway which abuts the equipment room. The second gate is located behind the elevator core leading to the handicapped ramp access area (see PUD Sheets 8 and 9 and Building Permit Sheet L4.10). 3. PUD-3: Egress Easement An additional emergency access easement to Dean Avenue has been acquired from the Aspen Skiing Company along the project's east property line (see PUD Sheet CO and Building Permit Sheet L3.01). No revisions to the project's final plat, however, is required as the easement burdens the adjacent property. 4. PUD-4: Revised Egress and Rear Residences Access Structure The original timber bridge structure with a barrel vaulted roof assembly and steel framed stair tower has been replaced with a precast concrete post and beam structure with precast planking and snow melted concrete topping to meet the building code's required construction type (i.e., 1B-Fully Sprinklered) and its resulting fire protection requirements. In the process, the stairway was rotated from its original location adjacent to the rear property line and realigned with the new structure and bridge assembly. The original height of this building element has been reduced by approximately one foot at the roof edge, and by approximately two feet at the high point of the former barrel vault (see PUD Sheets 6 through 10, 12, 13, 15 and 16 and Building Permit Sheets A231, A241, A261, A271, A281, A304 and A305). 5. PUD-5: Revised Unit B Roof Configuration The heavy timber, standing-seam metal roof element located at the lower north portion of former free market residential Unit B has been removed and replaced with a flat concrete roof with builtup roofing that continues over a flat framed heavy timber structure covering the east living room balcony (see PUD Sheets 12 through 16 and Building permit Sheets A271 and 281). This revision was required to accom- modate changes to the Unit A and B floor plans when they were converted to fraction- al ownership. 6. PUD-6: Revised Main Mechanical Exhaust Shaft Roof Assembly and Finished Roof Elevations The main mechanical supply air and exhaust chase roof penetration located at the south end of the main building has been revised to include an additional 5 foot high, galvanized and painted, expanded metal mesh mechanical equipment screenwall x ,~., Mr. Chris Bendon July 23, 2008 Page 4 around the perimeter of the chase (see PUD Sheets 12, 14, 15 and 16 and Building Permit Sheets A260, A302 and A309). 7. PUD-7: Revised Elevator #4 Overrun Elevator #4's shaft overrun has been distinguished from the adjacent stairway #1 core and vestibule roof to indicate its extension above the stairway roof. The stairway roof parapet wall height has increased by approximately one foot six inches from the record PUD height plan. Similarly the elevator shaft walls extend an additional two feet above the recorded (see PUD Sheets 12 and 16 and Building Permit Sheets A281 and A304). 8. PUD-8: Revised Pool Equipment Room and Rooftop Restrooms The pool equipment room has been enlarged by approximately 38 square feet to allow for additional required equipment. The rooftop restrooms have been enlarged by approximately 40 square feet to provide sufficient fixtures to meet occupancy requirements. As a result, approximately 28 feet of the raised stone planter located at the north roof edge opposite the restrooms has been removed. The planter will be replaced with an open steel guardrail (see PUD Sheet 8 and Building Permit Sheet A250). 9. PUD-9: Elevator #7 Overrun The size and shape of the existing elevator #5 shaft overrun has been revised to include an approximately 10 foot by 10 foot addition to accommodate the new elevator #7 shaft overrun (see PUD Sheets 6 through 9 and building Permit Sheets A230, A240 and A303). 10. PUD-10: Affordable Housing Units A bar top peninsula has been added to the affordable housing units' kitchens to comply with minimum counter space requirements. The units' bathrooms have also been revised to meet applicable handicapped regulations (see PUD Sheet 11 and Building Permit Sheet A640). 11. PUD-11: Revised Restaurant, Bar and Kitchen The Residences at Little Nell's restaurant, bar and kitchen areas have been revised to accommodate the restaurant's prospective operator. A restaurant prep kitchen area has been provided on basement level Bl to supplement the original kitchen which was depicted on the original gondola plaza level plan. Level Bl also .~. ,-~ Mr. Chris Bendon July 23, 2008 Page 5 now includes a room service prep kitchen and a new restaurant entry lobby and inside/outside baz area has been provided on the gondola plaza level (see PUD Sheets 3, 4 and 5 and Building Permit Sheets A220, A230 and A306). As originally approved, The Residences at Little Nell was limited to a maxi- mum of 8,900 square feet of commercial net leasable area (see Article II, pazagraph 2.1, Exhibit 7). As discussed in the project's final PUD application, this figure consisted of 4,520 square feet of retail space; 2,950 square feet of restaurant, baz and kitchen space; and 1,430 squaze feet of public ski lockers. Please note, however, that employee generation and its associated affordable housing mitigation requirements were computed based on the building's retail, restaurant, baz and kitchen spaces. Staffing for the public ski locker space was included in the employee generation for the lodge portion of the project and its affordable housing mitigation calculated therewith. The proposed changes to the building's restaurant, bar and kitchens will increase the net leasable azea of these commercial spaces from 2,950 square feet to 3,640 square feet (see accompanying net leasable azea takeoffs). To accommodate this increase, the Applicant has reduced the net leasable area of the building's retail space from 4,520 square feet to 3,830 square feet. As a result, no increase in the building's previously approved total net leasable commercial area is proposed. 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 subject to certain requirements. The specific requirements, and the proposed amend- ment's compliance therewith, are summazized 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 revised restaurant entry will add approximately 100 square feet of floor area to the building on its gondola plaza level. This change arguably does not increase site coverage as it merely represents a minor encroachment of the building ,-. Mr. Chris Bendon July 23, 2008 Page 6 into the above grade apres-ski deck. In the event, however, it is found to increase the building's site coverage, the resulting increase is substantially less than three percent. 3. The proposed amendment does not substantially increase trip generation rates or the demand for public facilities. As no changes in the building's unit mix or total net leasable area are pro- posed, no increase in trip generation rates or the demand for public facilities is anticipated. 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. Pursuant to Article II, paragraph 2.2(0) of the Agreement (see Exhibit 7), no open space is required. 5. The proposed amendment does not reduce the approved off-street parking and loading space by greater than one (1) percent. No changes are proposed to the building's off-street 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. No increase in the building's previously approved commercial net leasable area is proposed. The Applicant, however, proposes to redistribute the building's net leasable area as discussed above. 8. The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. No increase in residential density is proposed. As discussed previously, an insubstantial PUD amendment was previously granted to convert the project's two free market residential units to fractional ownership units. Mr. Chris Bendon July 23, 2008 Page 7 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 vaziation from the project's approved use or dimensional requirements. To the best of our knowledge, the proposed amendment does not involve changes which are inconsistent with the prior approval. The requested changes pertain primarily to various architectural revisions dictated in part by regulatory requirements and to a redistribution of the building's net leasable commercial area to accommodate its restaurant, bar and kitchens. Although not a review criteria for an insubstantial PUD amendment, it should be noted that the various revisions requested above result in a minor increase in the building's floor area above that which was depicted in the Applicant's original building permit submittal. The building's revised floor area of approximately 107,701 square feet, however, is less than its approved floor area of 108,000 square feet (see Article II, paragraph 2.2(i) of the Agreement). 8040 Greenline Review As Article II, paragraph 2.1 of the Agreement indicates (see Exhibit 7), 8040 greenline review was granted to the project by the Planning and Zoning Commission pursuant to Resolution No. 28, Series of 2004. As the proposed insubstantial PUD amendment does not significantly alter the previously approved project, no further 8040 greenline review is believed to be required. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, LLC cc: Brooke A. 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I ~....!!R RR~ }!}} I11 II i ~~ l ei II ~~~ ~!I 11 i I ii ! !'!ll!!!! lI I ~!I ua}ouelallrlllR}SO ! i iI l!II f I lir[}illhil IFI19111 III jilg }Il pill?PI113 .~ i i~s,i~lli ~Eli~~~ I }l l l Illlliilll~l 11 t Illll~~l O O O O O O O pO I r y ~ - ~- -1 i --~I ~E--~- -~-aIN-I- --~ ~~- -' _~a~~ - -~~U e -- - _ ,~_ q ~ g ~ ~, 3~i ~~ ~~~~. ---~ ~ a ~ t o~ Imo. ~(%} !J !ii= r' F ~•I l.~ ®I j~s3 II} J!+ tj 2 III;; '' ° }als }l.p 9 e,.,ul, I r.. , IIIIIII VIII IIIIII VIII IIII VIII illl~llll VIII IIII IIII 0 a 0D 0O 04:01 SUBDIVISION/PUD AGREEMENT FOR THE RESIDENCES AT LITTLE HELL SUBDIVISION/PUD THIS SUBDIVISION/PUD AGREEMENT is made and entered into this ~'' ~y day of May, 2005, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delawaze limited liability company (hereinafter referred to as "REND"), WITNESSETH: WHEREAS, REND has submitted to the City an Application for Final PUD Development Plan Approval (the "Application") for certain contiguous parcels of land situated within the City of Aspen, Colorado to be consolidated, platted and known as Lot 1, The Residences at Little Ncll Subdivision/PUD (tlte "Property"), which Application requests the approval, execution and recordation of a Final Plat of the Property (the "Final. Plat"); and the approval and. recordation of a Final PUD Development Plan and related documents (collectively, the "Final PUD Development Plan"); and WHEREAS, City has fully considered the Application, the Fina] Plat, the Final PUD Development Plan, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat and its approval and recordation of the Final PUD Development Plan, such matters being necessary to protect, promote and enhance the public safety, health and welfare; and WHEREAS, REND is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application, the Final Plai, and the Final PUD Development Plan; and WHEREAS, under the authority of Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure (i) that the required public facilities are installed and (ii) that the required landscaping is implemented and maintained, and REND is prepared to provide such guarantees as hereinafter set forth; and / ,. 1'p` l{ II{l 1II ~'NI It {f {u11 I) `I 1510210 I~fI~Il~~~1~iSV~~IN~~NIIO~l~~1~~I~~I1I~~N1~~l~lfl~l ~917o a oea:oi WHEREAS, contemporaneously with the execution and recording of this Subdivision/PUD Agreement, City and RLND have executed and recorded the Final Plat in Plat Book Z at Page 2 / ,and City and RLND have recorded the Final PUD Devclopment Plan as Reception Nose=~ ,both in the Office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final Plat and the approval and acceptance of the Final PUD Development Plan for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which aze hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION/PUD AGREEMENT 1.1 Purpose. The purpose of this Subdivision/PUD Agreement is to set forth the complete and comprehensive understanding and agreement of the pazties with respect to the development of The Residences at Little Nell Subdivision/PUD and to enumerate al] terms and conditions under which such development may occur. 1.2 Effect. It.is the intent of the parties that this Subdivision/PUD Agreement shall effectively supercede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations and other documents and agreements encumbering the Property; including without limitation those matters identified in Article VI below (collectively, the "Prior Approvals and Instruments"), and City and RLND agree to cooperate in the execution and recording of such documents as maybe necessary or appropriate to accomplish the vacation and/or termination of said Prior Approvals and Instruments. The parties anticipate that these recordings will take place contemporarneouslytyith the recording of the Final Plat. However, a delay in the recording of any such vacation/termination documents shall not affect or delay the recording of this Subdivision/PUD Agreement, the Final Plat, or the Final PUD Development Plan. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinance and Resolution. Pursuant to Ordinance No. 30 (Series of 2004) adopted on October 12, 2004, the Aspen City Council granted final PUD development plan approval for the development of a mixed use timeshare lodge containing 24 fractional ownership units, 2 free market residential units, 8 lodge rooms (hotel units), 8 affordable housing units, approximately 8,900 square feet of net leasable commercial space, and a subgrade parking garage (collectively, the "Project"). Ordinance No. 30 also (i) granted subdivision approval to subdivide a portion of the adjacent Aspen Skiing Company property, eliminate the existing internal boundaries within the Project site, and replat the remainder of the adjacent Tipple Woods Subdivision; (ii) rezoned a portion of the Project site to CL, Commercial Lodge, Planned Unit Development; (iii) granted approval to condominiumize the Project and to I III I I~IIIII~II III IIII VIII IIIIII II VIIIIIII IIII 0591O7/'Y00~5 04:01 52LVIR DRVI6 PITKIN COUNTY rA R 186.00 D 0.00 sell the fractional ownership units pursuant to a timeshare use plan (the "Fractional Ownership Plan'; (iv) exempted from growth management the conversion of existing residential reconstruction credits to lodge units, the reconstruction of demolished commercial square footage, and the Project's on-site affordable housing units; and (v) approved an amendment to the Little Nell Specially Planned Area plan. Pursuant to Resolution No. 28 (Series of 2004) adopted on August 17, 2004, the Aspen Planning and Zoning Commission granted 8040 greenline approval for the Project and also granted special review approval for the affordable housing units' on- site parking. This 5ubdivision/PUD Agreement incorporates all of the pertinent provisions of Ordinance No. 30 and Resolution No. 28. In the event of any inconsistency between the provisions of Ordinance No. 30 and/or of Resolution No. 28, and the provisions of this Subdivision/PUD Agreement, the provisions of this Subdivision/PUD Agreement shall control. 2.2 Dimensions! Requirements. Ordinance No. 30 established and approved the following dimensional requirements for the Project: (a) Minimum Lot Size (Sq. Ft.) 66,737 (b) Minimum Lot Width (Feet)* 206 (c) Minimum Front Yard Setback (Feet)** 0 (d) Minimum East Side Yard Setback (Feet) 0 (e) Minimum West Side Yazd Setback (Feet) 0 (f) Minimum Rear Yazd Setback (Feet) 4 (g) Maximum Height (Feet) *** (h) Minimum Required Open Space (Percent) 0 (i) Maximum External Floor Area (Sq. Ft.) 108,000 (j) Minimum Off-Street Parking Spaces **** * Measured along the Dean Avenue right-of-way ** Measured from Dean Street *** As represented in the recorded Final PUD Development Plan **** 2 short-term spaces within the porte-cochere and 70 spaces within the underground parking. garage 2.3 Vested Rights. Under Development Order of the City of Aspen Community Development Department issued December 23, 2004 with an effective date of January 8, 2005 (the "Development Order"), the right to undertake and complete the development and use of the Property pursuant to the terms and conditions of the site specific development plan for the Property is vested until Januazy 8, 2008, 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 ~. . llII((~~ ll `` ``tt ` ``, ``f ` `` II,` ~ ` 510210 Iil1~III~I~II~lI1/ I~~Il~fll~fl~lllll~lll~ll~lllllllll~ls 9370 0 ®0 a:e~ conducted on October 12, 2004. As authorized by CRS Section 24-68-102(4)(a), Ctty and RLND agree that the site specific plan for the Property consists of and includes, but is not limited to, the number, permitted size, and configuration of the fractional ownership units, the free mazket residential units, the hotel units, the affordable housing units, the commercial spaces, the parking spaces, and the other spaces and areas in the Project, the Fractional Ownership Plan, and all other matters set forth in Ordinance No. 30 (Series of 2004), Resolution No. 28, the Final Plat recorded in Plat Book ~ at Page 'L ~ ,and the Final PUD Development Plan for The Residences at Little Nell Subdivision/PUD recarded as Reception No.S~~s ,both in the Office of the Clerk and Recorder of Pitkin County, Colorado, this Subdivision/PUD Agreement, and all other documents and plans recorded concurrently therewith. For purposes of this Section 2.3, this Subdivision/PUD Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 3.1 The Components of the Proiect, The timeshare lodge Project approved pursuant to Ordinance No. 30 and Resolution No. 28 will consist of two attached multi- story structures which will contain a maximum external floor area of 108,000 square feet, calculated in accordance with the City's floor area regulations 3~ effect on October 25, 2002, which floor azca regulations are attached hereto as Exhibit 7~"and made a pazt hereof by this reference. The Project will contain the followin~„p,;incipal components: (a) Fractional Ownership Units. The Project will contain 24 Fractional Ownership Units which will be. condominiumized and sold pursuant to the Fractional Ownership Plan defined and described in the Declaration of Condominium for The Residences at Little Nell (the "Declaration") to be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado contemporaneously with the recording of the Condominium Map of the Project. The Fractional Ownership Units will consist of 19 three-bedroom units and Sfour-bedroom units, and will be configured so as to contain 40 separately occupiable lock-offs or keys. As provided in the Declaration, the Fractional Ownership Units will be available for walk-in, short-term rental to the public when the Units are not being occupied by an Owner, an Owner's guest, or persons occupying the Unit under an exchange program. (b) Free Market Residential Units. The Project will contain 2 Free Market Residential Units which will be condominiumized and sold, and which maybe occupied on a short or long-term basis. Tt is not anticipated that these Units will be. subject to the Fractional Ownership Plan, but under the Declazation RLND has reserved the right to convert either or both free market residential units to a Fractional Ownership Unit that is subject to the Fractional Ownership Plan. Under Section 9 of Ordinance No. 30, these units maybe converted and included as part of the Fractional Ownership Plan pursuant to an Insubstantial PUD Amendment approved by the City. IIIIIIIIIdIIIIII VIIIIIII IIIIOIIIIIII III NI,~IIIIIIII BejmzO 04:01 (c) Hotel Units. The Project will contain 8 traditional lodge rooms (Hotel Units) which will not be subject to the Fractional Ownership Plan. These units will at all times be available for nightly rental to the public. (d) Affordable Honsine Units. The Project will contain 8 Affordable Housing Units. The Units will be configured as strudios, and each Unit will contain a minimum of 400 square feet of net livable area. The Units will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 2 income and occupancy guidelines for rental units in effect at the time of recording of the Condominium Map for the Project. The deed restriction will reserve to RLND and its successors and assigns the First right from time to time to select and place qualified tenants in the Units. No Certificate of Occupancy shall be issued for the Project until the deed restriction for the Affordable Housing Units has been executed and recorded. Unless a different arrangement is worked out with the City, and only to the extent necessary to comply with applicable Colorado law, at the time of recording of the deed restriction RLND will convey cone-tenth of one percent interest in the Affordable Housing Units to APCHA. Said one-tenth of one percent interest is hereinafrer referred to as the "APCHA Interest", The conveyance of the APCHA Interest shall be expressly subject to the understanding and agreement that (i) ownership of the APCHA Interest only gives the APCHA the right to enforce the deed restriction on the Affordable Housing Units, and does not give the APCHA any authority or rights that are not specifically set forth in the deed restriction, (ii) in all other respects, the APCHA shall be deemed to have no ownership rights or responsibilities in connection with the Affordable Housing Units, and the record owner of the remaining interest in the Units shall have full right and authority to lease, encumber, or otherwise deal with the Units as if such owner held a 100 percent interest therein, (iii) APCHA shall have no liability to third persons azising solely out of its ownership of the APCHA Interest, and RLND (and any successor or assign of RLND in the ownership of the Units) shall indemnify APCHA from and against any losses or liabilities arising solely out 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 Units if and when the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions on affordable housing units. (e) CommereiaUAccessorv Uses. The Project will contain a restaurant, bar, outdoor dining terrace, guest living room, fitness room, recreation room, business center, front desk/concierge area, rooftop swimming pool, and retail commercial space. The retail space, which is located at ground level and fronts on Dean Avenue, will be limited to a maximum of 4,520 square feet of net leasable area and is prohibited from being converted to office use. In the event the retail space owner deems it appropriate, the retail space or some of it may be reconfigured, subject to obtaining any approvals that may be required by the City's land use regulations. The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining terrace shall be open and available for use in conjunction therewith, weather permitting, all days of the IInpII II`` 11 11 IIIIII II``II II11 NNnn 51 @21 @ 1 I~IIII ~~II I~~1~~ Itl~~ ~II I~11f I~III~ ~~~ III~I ~lll n~l .00 917/020000 4:01 year that the Aspen Mountain Ski Area is open for public skiing, for a minimum of three (3) hours after the gondola lift at Little Nell closes each day. 1n addition, the bar and outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run from June l5 through October 15 of each yeaz, during all daytime hours that the gondola is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events may be held. (f) Parkins. Under Section 2 of Ordinance No. 30 {Series of 2004), the City Council approved the following minimum off-street parking spaces for the Project: Seventy (70) parking spaces located on two levels in a subgrade parking garage. Eight of the parking spaces will be allocated and signed for the use of the Project's eight Affordable Housing Units, and six of the parking spaces will be allocated and signed for the use of the owners of Lots 1, 2 and 3, First Amended Plat of the Tipple Woods Subdivision. 3.2 Affordable Housins Mitigation. (a) Requirements. (i) RLND has agreed to provide affordable housing mitigation for 60 percent of the employees generated by the operation of the Project. The number of employees generated by the Project has been determined to be 75, hence affordable housing mitigation must be provided for 45 employees. (ii) RLND is also required to provide 12 affordable housing bedrooms containing a minimum of 4,469 squaze feet of net livable area pursuant to the City's Resident Multi-Family Replacement Program, which 12 bedrooms are considered to house 15 employees. The total number of employees for which RLND must provide affordable housing mitigation, then, is b0. The Development Order constitutes a "Certificate of Compliance" in accordance with Chapter 26.530 of the Aspen Land Use Regulations entitled "Multi-Family Housing Replacement Program". (iii) A minimum of 59 percent of the required affordable housing mitigation is to be provided within the City limits, and the remaining 41 percent may be provided outside the City but within the Aspen Community Growth Boundary. (iv) A minimum of 50 percent of the required affordable housing mitigation must be deed restricted to APCHA's Category 2 income and occupancy guidelines, and the remainder maybe deed restricted to Category 3. (b) Mitigation. (i) As set forth in Section 3.1 (c) above, eight Category 2 studio Affordable Housing Units will be provided within the Project, which units will be credited with housing 10 employees. 6 ~~ l I N l l l l 18111 ~> I I~ ~ I I I I 1 ti I~ I I I I I I I I I I I~ I IInI~II ~~mDO®04:81 (ii} RLND has entered into an Affordable Housing Buy Down Agreement with Obermeyer Place Holding Company LLC ("Obermeyer"), whereby RLND has agreed to buy down 15 of the one-bedroom Resident Occupied ("RO") Units to be constructed by Obermeyer as a part of the Obermeyer Place Project (the "Obermeyer Buy Down Units"). Seven of these units, housing a total of 12.25 employees, will be bought down to Category 2 restrictions, and eight of these units, housing a total of 14 employees, will be bought down to Category 3 restrictions for a total Buy Down Price of $3,370,400. City agrees that upon (aa) payment in full of said Buy Down Price by RLND to Obermeyer, which shall be evidenced by Obermeyer's written certification of such payment, (bb) the recording of the deed restrictions on the Obermeyer Buy Down Units to the Categories described above, and (cc) the issuance of a Certificate of Occupancy for the Obermeyer Buy Down Units, RLND and its successors and assigns shall be credited with housing a total of 26.25 employees. (iii) The 10 employees to be housed on-site, together with the 26.25 employees to be housed at Obermeyer Place, totals 36.25 employees, which represents 60 percent of RLND's required affordable housing mitigation. (iv) The remainder of RLND's affordable housing mitigation requirement, or 24 employees, will be met at the Aspen Airport Business Center, which is located within the Aspen Community Growth Boundary. These employees will be housed in eight 3-bedroom sale units being constructed by RLND pursuant to BOCC Resolution No.135-2004 recorded October 29, 2004 as Reception No. 503623 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "AABC Units"). Three of these units will be deed restricted to Category 2 restrictions and five will be deed restricted to Category 3 restrictions. The eight AABC Units must be deed restricted, and a Certificate of Occupancy must be issued therefor, before a Certificate of Occupancy will be issued for the Project. (v) Based on the foregoing, a total of 31.25 employees will be housed in Category 2 units and 29 employees will be housed in Category 3 units. (vi) No Certificate of Occupancy will be issued for the Project unless and until (aa) a Certificate of Occupancy has been issued for the 15 Obermeyer Buy Down Units and such units have been deed restricted to the Categories described in subsection (b)(ii) about, and (bb) a Certificate of Occupancy has been issued for the 8 AABC Units and such units have been deed restricted to the Categories described in subsection (b)(iv) above. If no Certificate of Occupancy has yet been issued for the Obermeyer Buy Down Units, RLND shall not be precluded from receiving a Certificate of Occupancy for the Project if it delivers or causes to be delivered to City a collateral assignment of the $3,370,400 (the Buy Down Price) being held in escrow by Pitkin County Title, Inc. (the "Escrow Agent") pursuant to the Affordable Housing Buy Down Agreement, which assignment shall authorize and direct the Escrow Agent to deliver all of the escrowed funds to the City in the event a Certificate of Occupancy has not been issued for and proper deed restrictions recorded upon the Obermeyei Buy Down Units by July 1, 2007. IIIIII II11II 11 IIUuII'''' IIII`I`I IIII II``11 ''INN{{II II``II ~~II``II 510210 05/17/2005 04:01 II~~II11~III~~II,I I~~~~~I I~I~~I~~~II~I~I~~N~I~I Page: 8 of 33 SILVIR OPVIS PiTK[N COUNTY CO R 166.00 D 0.00 (vii) The employees to be housed in the 8 on-site Affordable Housing Units and the 8 AABC Units shall meet the qualification criteria contained in the APCHA Employee Housing Guidelines, as they maybe amended from time to time. `The Obermeyer Buy Down Units shall be governed by the City Council approvals for the Obermeyer Place Project. 3.3 Construction in Accordance with Plans. Construction of the Project, and all of its component parts, shall be accomplished in substantial compliance with the Final PUD Development Plan and with all architectural plans and elevations, utility plans, grading and drainage plans, site design plans, and landscape plans that are recorded contemporaneously with the Final Plat and this Subdivision/PUD Agreement. 3.4 Porte Cochere Traffle Flow Shfovint=_ and Receivin¢, and Roof Top Decks. (a) Porte Cochere Traffic Flow. Traffic flow within the Project's entry porte coehere shall occur in a clockwise rotation at all times in order to minimize the impact of vehicle headlights on the adjacent North of Nell Condominiums. Vehicular access to the porte Cochere from Galena Street shall occur via Dean Avenue. (b) Shinuina and ReeeivinQ. Commercial vehicles, including but not limited to delivery, service and inspection vehicles, shall be prohibited from using the Little Nell Hotel service dock on Spring Street to service the Project. All commercial vehicle activity shall be limited to the Project's Galena Street loading dock and parking garage. (c) Roof Toa Decks. The Project's roof top decks; swimming pool and hot tubs shall be used for the following purposes: Swimming, sun-bathing, food and beverage service, and similar compatible uses. 3.5 Dean Avenue Lmarovemenrs• ma-nrenance; cnc_a uacu.ucua u.w.ao... RLND shall accomplish, as subdivision improvements, the improvements depicted on the Final PUD Development Plan recorded concurrently with the Final Plat, in accordance with Article IV of this Subdivision/PUD Agreement. To the extent practicable, said Final PUD Development Plan shall be revised to be consistent with any final master design plan that maybe finally adopted by the City for Dean Avenue improvements. In the event the City has not adopted such final master design plan by April 1, 2006, RLND shall no longer be obligated to make revisions to the Final PUD Development Plan. Before a building permit is issued for the Project, the City and RLND shall enter into two (2) Encroachment Licenses covering the portions of the Project that will encroach into the Dean Avenue right-of-way, as depicted on the Final Plat. The first Encroachment License will cover the portion of the Residences at Little Nell building that encroaches into the Dean Avenue right-of-way, and the second Encroachment License will cover the portion of the surface utility systems servicing The Residences at Little Nell that encroaches into the Dean Avenue right-of--way. ~; ~, II~~~~I~II I~II~ nl~l ll~ I~I~I1111~~Ih~11NI~11~~I,1 0 ~~ D 000 4:01 The design, installation, maintenance and operational costs for new surface and subsurface improvements to Dean Avenue shall be borne by RLND or its successor/assignee, The Residences at Little Nell Condominium Association, Inc, (the "Association"). New subsurface improvements shall include a snowmelt system and similar features but shall exclude existing utilities within the right-of--way. Costs of replacing surface and subsurface improvements as a result of accessing City-owned utilities or other subsurface work that damages surface and subsurface improvements installed by RLND, including the snowmelt system, shall be borne by the City. The City shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work onnon-City-owned utilities. 3.6 Utilities. (a) Water, sewer, electric, natural gas, telephone and cable TV service are available from existing main lines in Galena Street and Dean Avenue. RLND shall accomplish at its expense the utility improvements described in Article 4.1 below. (b)' All utility service lines from these main lines to the Project shall be installed by RLND at its expense in compliance with the Water and Sanitazy Sewer Utilities Plan and the Shallow Utilities Plan recorded concurrently with the Final Plat, and shall be buried underground, All of said utilities shall be installed as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. (c) All utility tap fees shall be payable in accordance with the requirements of the utility regulations in effect at the time of payment. (d) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. (e) RLND shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use of a pumping station. 3.7 Relocation of City Water Line. RLND shall accomplish, as a subdivision improvement, the relocation of the City of Aspen water line in Durant Street, Spring Street, and across Little Nell, in compliance with the Little Nell Waterline Plan and Profile to be recorded concurrently with the Final Plat, and in accordance with Article IV of this Subdivision/PUD Agreement. 3.8 Dralnaee. All development within the Project shall comply with the Drainage Plan recorded concurrently with the Final Plat. RLND shall be responsible for implementing the Drainage Plan, and drainage improvements shall be accomplished as subdivision improvements in accordance with Article ]V of this Subdivision/PUD Agreement. ~,,. 1111 IVI 'nn'''IIIIII 11 11 II,'Imm''',, 441I InnIII'''' 11 I 510210 ~~~IIII11~~~,il~~l~~~l~l~l llll,~l~~ll~~ll~~l~~~l~l l~~ 05g 17 D20 00 4:01 3.9 Landscaaiue: Tree Removal Fee. All development within the Project shall comply with (i) the Overall Materials Plan, (ii} the Overall Tree Landscape Plan, and (iii) the Overall Understory Landscape Plan recorded as part of the Final PUD Development Plan (collectively, the "Planting Plans"). RLND shall be responsible for implementing the Planting Plans, and landscaping improvements shall be accomplished as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. A tree removal fee in the aggregate amount of $32,252.84 has been paid to the City by RLND. 3.10 Exterior Li2htinE. All development within the Project shall comply with the Exterior Lighting Plan to be submitted to the Community Development Department for review and approval at the time of building permit application. 3.11 Ski Trail Easement. The Ski Trail Easement depicted on the Final Plat across the southeasterly corner of Lot 1, Residences at Little Neli Subdivision/PUD, was dedicated to the City on the Final Plat for the use of the general public during the winter months for downhill and cross-country skiing purposes only (motorized vehicles aze prohibited), subject to the terms and conditions of said dedication and as more fully set forth in that certain Ski Trail Easement Agreement between RLND and the City recorded contemporaneously with this Subdivision/PUD Agreement as Reception No. .sioz a,~ . 3.12 Relocation of Little Nell Chairlift. RLND shall be responsible for relocating the existing Little Nell Chairlift to approximately the location depicted on the Final PUD Development Plan, at RLND's cost and expense. Such relocation must be accomplished before a Certificate of Occupancy is issued for the Project. 3.13 Air Ouality. (a) The City has determined that, subject to the provision of van service for the Project's owners and guests, and the advertising thereof, no further PM10 mitigation shall be required for the Project. (b) All development within the Project shall comply with the Environmental Health Department's woodburning stove/fireplace regulations in effect at the time of issuance of a building permit for the Project. (c) Before a building permit is issued for the Project, RLND shall submit a fugitive dust control plan to the Environmental Health Department for its review and approval. The plan shall address, at a minimum, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, and other measures as may be necessary to prevent windblown dust from crossing the property lines or otherwise causing a nuisance. 3.14 Geotechniical Requirements and stove ~raomrv ivronuoriue. Throughout construction of the Project and for a period of two (2) years following the issuance of a Certificate of Occupancy for the Project, RLND shall comply with the geotechnical recommendations, and implement the slope stability monitoring, detection 10 ,~. I Illlll VIII II~~ YNII »II IIIN IIII~II III IIIII~ Ill IIII a s 02 a 0rea3el SILYIR ORVIS PITKIN OOUNTY CO R 166.00 D 0.00 and reporting program, contained in the Geotechnical Investigation for The Residences at Little Nel] prepared by CTL/Thompson under date of June 17, 2003 (Job No. GS- 3850). 3.15 School Laud Dedication Fees. Before a building permit is issued for the Project, RLND sha1L pay to the City a cash payment in lieu of school land dedication, for the Project's two (2) free market residential units and eight (8) Affordable Housing Units, in the total amount of $36,102.90. 3.16 Park Development Impact Fee. Before a building permit is issued for the Project, RLND shall pay to the City a pazk development impact fee in the total amount of $58,315.95. 3.17 Street Impact Fee. Before a building permit is issued for the Project, RLND shall pay to the City a street impact fee in the amount of $ 7,950.00, which is equal to the cost of placing a 2-inch asphalt ovcrlay over half the width of Galena Street along the frontage of the Project to Durant Street. This payment is being made in lieu of returning Galena Street to an acceptable condition following construction of the Project, as provided in Paragraph 5 of Section 1 l of Ordinance No. 30. 3.18 Storm Water Drainage Svstem Fee. Before a building permit is issued for the Project, RLND shall pay to the City a fee in the amount of $ 172,000.00 as a contribution toward the cost of improvements to the City's storm water drainage system, and the City shall deposit the funds in a separate account far such purpose. In the event the City has not.expended the funds for such purpose within 5 years following the Sate of this Subdivision/PUD Agreement, the storm water drainage system fee shall be refunded to RLND together with 4 percent interest (non-compounded) accrued from date. of payment to date of reimbursement. 3.19 Work in Public Right-of-Wav. RLND shall first obtain the approval of the appropriate City Department before commencement of any work within a public right-of-way. 3.20 Damage to Public Rights-of-Wav. RLND shall repair any public right- of-way damaged during construction of the Project prior to issuance of a Certificate of Occupancy for the Project, excepting damage to Galena Street covered by the street impact fee provided for in Section 3.17 above. RLND shall be responsible For the restoration of any sections of Galena Street to pre-disturbance condition in order to receive an overlay. 3.21 Construction Hours. Construction activity within the Property shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. No construction activity shall be permitted on Sunday. 3.22 Construction Management Plan. All construction activities on the Property shall comply with the Construction Site Management Plan and Parking Plan submitted by RLND to the City concurrently with the building permit application. 11 ,, w. , f ``ff `` `` ` ` II 510210 I111~II~f~~~IIIIIf IIII~ II~II~IIIII~~~~III~II~I~~~N~~I 0sgiro2em00 a3oi 3.23 Improvement Districts. On behalf of itself and any future owners of the Property and all interests therein, RLND agrees to join any future improvement districts that maybe formed for the purpose of constructing improvements that benefit the Property under an assessment formula. 3.24 Condominium Man. Upon substantial completion of construction of the Project, RLND shall submit a Condominium Map to the Community Development Director for review and approval. During the period of vested rights described in Section 2.3 above, the Condominium Map shall be reviewed under the applicable provisions of the City's Land Use Regulations in effect on October 25, 2002 (the date of submission of the Project's conceptual PUD application), which provisions are attached hereto as Exhibit A and made a pazt hereof by this reference. Following expiration of said vesting period, the Condominium Map shall be reviewed under the then-current condominiumization requirements of the Aspen Municipal Code. The condominiumization of the Project shall be accomplished prior to the closing of the sale of any Fractional Interest or Free Market Residential Unit in the Project. 3.25 Van Service. The Association shall provide 24-hour van service to owners and guests of the Project. 3.26 License to Use Dean Avenue for Construction Staging. City hereby grants to RLND a license to use so much of Dean Avenue adjacent to the Project site as may be necessary from time to time for construction staging in connection with the Project. In consideration thereof, within twenty (20} days following the end of each calendar month in which Dean Avenue is used for staging, RLND agrees to pay to City the sum of $1.25 per square foot per month for each square foot of Dean Avenue actually used for staging during said month, prorated for the number of days of actual usage during said month. 3.27 O_wnershlp and Maintenance of Common Elements. Under the terms of the Declaration, all portions of the Project other than the Units (as defined in the Declazatibn) are Common Elements. The Common Elements are owned in common by the owners of the Units and of the Fractional Interests, in the undivided interests described in the Declaration, and the Association is responsible for maintaining, repairing, improving, restoring and replacing the Common Elements, includir}g any Limited Common Elements and Common Furnishings. 3.28 Roof Plan. RLND shall limit the rooftop mechanical equipment in the Project to the equipment depicted on the Roof Plan to be recorded as part of the Final PUD Development Plan, shall screen such equipment as shown on the Roof Plan, and shall use non-reflective roofing material. 3.29 Pre-Construction Meeting. Prior to submitting an Application for the Building Permit for the Project, a meeting shall be held among the following pazties: RLND, the Project Architect, the Project Planner, the Prime Contractor, a City Staff Planner, a Community Development Engineer, a Zoning Officer, and a Building Official/Plans Examiner. The purpose of the meeting shall be to identify the approving 12 ~~ l r~ .~ I NN II``uuII l'I~I' I1 I{I`I 510210 I II~II~ ll~ll I~~II~ ~1,~ ~II ~~I~ II~~I~ Ill~~ll~~ ~~ ~I~I .0B ~17/~2 0000 430 t Ordinance and any amendments thereto, identify conditions of approval, identify the timeline for Final Plat and Subdivision/PUD Agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss the responsibilities of all parties in obtaining permits, changes, etc., and review the Building Department checklist. ARTICLE IV A. SUBDIVISION IMPROVEMENTS 4.1 Prior to the issuance of a Certificate of Occupancy for the Project, RLND shall accomplish the following subdivision improvements, all as depicted and described on the Final PUD Development Plan and other related documents that aze attached to or recorded concurrently with the Final Plat: The utility and street surface improvements identified on the "Costs Estimate for Proposed Public R.O.W. Improvements" dated February 15, 2005, and the "Site Cost Estimate for Dean Avenue and Galena Street Improvements" dated February 14, 2004, copies of which are attached hereto collectively as Exhibit B. The aggregate estimated cost of such improvements is $819,589. 4.2 Before a building permit is issued for the Project, a construction schedule for the above-described improvements shall be submitted to the City Engineering Department, and all applicable right-of--way permits and licenses must be obtained. 4.3 RLND shall complete the landscaping of the Property and the Dean Avenue right-of--way in accordance with the Planting Plans no later than six (6) months following the issuance of a Certificate of Occupancy for the Project. RLND shall be responsible for ensuring the success of all landscaping installed pursuant to the Planting Plans for a period of 2 years following the date of installation, and shall replace any landscaping that fails during such 2 year period. RLND or its successors or assigns shall have the right to plant additional native vegetation within the Residences at Little Nell Subdivision/PUD, as it may consider appropriate from time to time, without further approvals being required. The estimated cost of such landscaping improvements (including 2 years of maintenance thereof) is $321,038, as set forth on the Landscaping Cost Estimate attached hereto as Exhibit C and made a part hereof by this reference. 4.4 The estimated costs set forth in Sections 4.1 and 4.3 above shall be updated to 2005 dollars (or the year in which construction commences) at the time of building permit submittal, and the updated cost estimates shall be submitted to the City Engineer for review and approval. B. FINANCIAL ASSURANCES In order to ensure construction and installation of the subdivision and landscaping improvements described in Section A above, and to guarantee 100 percent of the current estimated cost of the subdivision improvements ($819,589, updated as above required) and 125 percent of the current estimated cost of the landscaping 13 -~. I ',uI` 1 1 510210 II~~I~~~II~~~~~'~II~~~~~~,I~~~~I~ I~~~~~I~~~~~~I .00917/20000 43e1 improvements (including 2 years of maintenance thereof) ($401,298, updated as above required), RLND shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of $1,220,887, updated as above required. Said Letter of credit shall be provided to the City prior to the issuance of a building permit for the construction of the Project, shall be in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default by RLND, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such letter of credit is released to RLND. Provided, however, that RLND shall be given fourteen (14) days' written notice of default (and the right to cure during said period) prior to the City's ability to make a draw under the letter of credit. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of RLND shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that ten percent {10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, twenty-five percent (25%) of the $321,038 estimated cost thereof (as updated), or $80,260 (as updated), shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. A Maintenance Bond, valid for two (2) years from the date of acceptance of all right-of--way improvements by the City Engineer, shall be provided to the City Engineer in the amount of $819,589 (updated as above required), prior to any reduction in the amount of the letter of credit for costs associated with right-of-way improvements. It is the express understanding of the parties that compliance with the procedure set forth in Article V below pertaining to the procedure for default and amendment of this Subdivision/PUD Agreement shall be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by RLND as set forth above. ARTICLE V NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that RLND is not acting in substantial compliance with the terms of this Subdivision/PUD Agreement, the City shall notify RLND in writing specifying the alleged non-compliance and asking that RLND remedy the alleged non-compliance within such reasonable time as the City may determine, but 14 r'^., 5i~2im I~~iN1111111111110111111111111u~~N111811111111.00~-~DZ0000 4301 not less than 30 days. If the City determines that RLND has not complred within such time, the City may issue and serve upon RLND a written order specifying the alleged non-compliance and requiring RLND to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, RLND may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this $ubdivision/PUD Agreement should be granted with respect to any such non- compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order ofnon-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that 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 terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Subdivision/PUD Agreement as it may deem appropriate under the circumstances. The pazties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if RLND demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of RLND, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI PRIOR APPROVALS AND IN5TRIJMENTS 6.1 Plat of Tippler Townhomes Subdivision recorded November 25, 1998 in Plat Book 48 at Page 3. 6.2 Subdivision Agreement for Tippler Townhomes Subdivision recorded November 25, 1998 as Reception No. 424875. 6.3 Resolution No. 98-06 of the Aspen Planning and Zoning Commission recorded April 10, 1998 as Reception No. 415473, approving the proposed off-street parking plan for the Tippler Townhomes Subdivision. 6.4 Ordinance No. 6 (Series of 1998) of the Aspen City Council adopted May 26, 1998, granting final subdivision approval for the Tippler Townhomes Subdivision. 15 .~ 11 51@21@ INIlnlllullllll~llluh11111111111111111111111111 00~17D 0000 4301 6.5 Resolution No. 66 (Series of 2000) of the Aspen City Council adopted May 22, 2000, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26, 2003. 6.6 Resolution No. 17 (Series of 2003) of the Aspen City Council adopted February 24, 2003, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26, 2005. 6.7 Condominium Plat of Tipple Lodge recorded April 2, 1980 in Plat Book 9 at Page 22. 6.8 Condominium Declaration for Tipple Lodge recorded April 2, 1980 in Book 385 at Page 883. 6.9 Subdivision Exemption Agreement (Tipple Lodge Condominium) recorded October 29, 1979 in Book 378 at Page 294. 6.10 Ordinance No. 23 (Series of 2003) of the Aspen City Council adopted June 23, 2003, approving the expansion of the Tippler Townhomes Subdivision onto the Tipple Lodge property. 6.1 t Plat of Tipple Woods Subdivision recorded March 23. 1959 in Ditch Book 2A at Page 250, as amended by Subdivision Exception Plat recorded February 14, 1984 in Plat Book 15 at Page 86 (collectively the "Plat"). Plat to be vacated, and new Plat of Tipple Woods Subdivision to be recorded, depicting remaining 3 Lots in Subdivision. 6.12 Agreement of Second Amendment and Restatement of Protective Covenants of Tipple Woods Subdivision recorded November 11. 1971 in Book 259 at Page 245. To be restated and amended in their entirety to reflect 3 remaining Lots in Subdivision. 6.13 Condominium Map of Tipple Inn Condominiums recorded in Plat Book 3 at Page 82, as amended and supplemented. 6.14 Condominium Declaration for Tipple Inn (A Condominium} recorded May 10, 1966 in Book 220 at Page 318, as amended by recorded First through Fourth Supplements, and by Consent to Amendment of Declaration and Map recorded in Book 262 at Page 227. 6.15 Other recorded and unrecorded documents and instruments affecting title to the Property. ARTICLE VII GENERAL PROVISIONS 7.1 The provisions hereof shall be binding upon and inure to the benefit of RLND and City and their respective successors and assigns. 16 ~~ IIII~1IIIlIIItI~IIIIIIIII~IINII~I~II~I{~~I~IIIIR~IISI ~i029~0:3ei 7.2 This SubdivisionlPUD 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 Subdivision/PUD Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this SubdivisionlPUD Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 This Subdivision/PUD Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. RLND, its succcssors or assigns, may, on its own initiative, petition the City Council for an amendment to this Subdivision/PUD Agreement or for an extension of one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by al] pazties hereto that are affected by the proposed amendment. 7.5 Numerical and title headings contained in this Subdivisiori/PUD Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 7.6 Upon execution of this Subdivision/PUD Agreement by all parties hereto, City agrees to approve and execute the Final Plat and to approve the Final PUD Development Plan and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fees by RLND. 7.7 Notices to be given to the parties to this Subdivision/PUD Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as maybe substituted upon written notice by the parties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 RLND; Aspen Land Fund LLC, Managing Member Attention: Brooke Peterson 302 East Hopkins Avenue Aspen, CO 87611 With Copy to: Arthur C. Daily, Esq. Holland & Hart ~~e 17 600 East Main Street Aspen, CO 81611 7.8 This Subdivision/PUD Agreement may be executed in counterpazts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpazt. Facsimile signatures shall be treated as original signatures hereon. 7.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their respective successors, grantees or assigns. I IIIIII VIII IIIIII VIII IIII VIII IIIIIII III I~III III IIII 039 @~ 00050 9307 18 _® IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: City of Aspen, Colorado, a Colorado municipal corporation By: , ~ n!~~, Mayor kq -t81'A Attes : "~! ~l Kathryn S. Ko ,City Clerk APPROVED AS TO FORM: John lrorce ter, City Attorney RLND: THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company By: Aspen Land Fund, LLC, a Colorado limited liability company, Managing Member By: CWA Development, LLC, a Colorado limited liability company, Manager Five a I~~IIIIIIIII II~II ~~II~II~II~A~ ~IIII~ II~ IIIII~ I~ ilsl 0sv 02 m~eea3ai And By: Centurion Partners Aspen, LLC, a Colorado limited liability company, Member By: Centurion Partners, LLC, a California limited liability company, Manager By: Scot Matteson, Managing Member IS .,~ Mike mith, Managi g Member III~III~III ~II~~~III~I ~,11,II~IIII~,I I~I I,I,III I~~~,I 090200 4301 And By: Westpac Colorado LLC, a Colorado limited liability company, Member Patric N. Smith, Manager STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrum w ac wle befoF~m~ l~-day of 2005, by ayo an a yn S. Koch as City Clerk of th City of Aspen, Colorado, a municipal corporation. *.•, . • ~ Witness my hand and official seal. ~~: ~•••••••••••.;: O:% . c,•' My commission expires:d~`~1~~~~ JACKIE _ n ~ ~ LOTHIAN Public STATE OF COLORADO ) ss. COUNTY OF ~ITX1~ 1 The foregoing instrument was acknowledged before me this ~ day of t~ir, •~_; 2005, by Brooke Peterson, Manager of Five Rocks LLC, a Colorado li-mi"te~li`a`bility company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability , company, Managing Member of The Residences ai Little Nell Development, LLC, a'%~•: Delaware limited liabilit com an 'roc>' Witness my hand and official seal. ~ ti ~ ^,R~i My commissian expires: . ~ •>- •••" ° `<_ ' q~. Notary Public U ~ ~~ moot;, ma~N AsQ'~, 19 .-. - ~. STATE OF L'I~G~farui n. ) ss. COUNTY OF ~(l&~Ltp°~t ) The foregoing instrument was acknowlcdged before me this ~ day of 2005, by Scot Matteson and Mike Smith, Managing Members of Centurion Partners LLC, a California limited liability company, Manager of Centurion Partners Aspen, LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Membcr of The Residences at Little Nell Development, LLC, a Delaware limited liability company. Witness my hand and official seal. My_commission expires: r(4y~ ' STEPHEN ECiY L Gammigloni 136111 j33 Notary PUhDe-g8femla q OnDp~ f:ou~ MY Comm. E>mirae tl8ar2, 200! 21 y00~ Notary blic STATE OF ) ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of 2005, by Patrick N. Smith, Manager of Westpac Colorado LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Neil Development, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public I IIII I II~II UIIl~ IIIII IIN IIII~ I~IIII III flil~ll II ~~~ P a 0200~Sf 04301 SILVIR DPVI9 PTiKIN COUNTY GD R 186.00 D 0.00 3188793_0.j,DOC 20 .~ .:.~ STATE 0& CALIB'ORNIA ) )ss. COUNTY OF SANTA BARBARA ) On this 26t" day of April, 2005, before me, the undersigned, a No- tary Public in and for said State, personally appeared PATRICK N. SMITE, personally known to me (°-~-^--••°^' * ° «r, ~,_~~.._~.._.:.._ f= t^ __) to be the personae-) whose name(.a) is/awe subscribed - -, -- -- to the within instrument and acknowledged to me that he/&}3e/ti3ey exe- cuted the same in his/Ae~r/t#~e~r authorized capacity (acs) , and that by his/hex/fir signature(s) on the instrument the person(a), or the en- tity upon behalf of which the person{as)' acted, executed the instru- ment. WITNESS my hand and official seal. LEAN.IC~A'Y~ S ~ ~~ C~~rY~ ~ Notary PubL~ i n for id State ~St DEC~~ ~aoa tSOOaoooo~0~0°' NOTE: Attached to Subdivision/PUD Agreement for the Residences at Little Nell Subdivision/PUD undated re "Little Nell". IlBIII VIII IIOII IIIB ~~~~ III IIIIIII Ili IIIIIII II III 0 9 0D 0 ©004301 11111111111111111111111111111111111111111~1111111 ,06~107~00®f 04301 SILVIR DRVIS PITKIN cDUNTY G0 R 366.00 0 0.00 CONSENT OF MORTGAGEE The undersigned, being the holder of two liens on portions of Lot 1, The Residences at Little Nell Subdivision/PUD pursuant to Deeds of Trust recorded as Reception Nos. 469347 and 500220 in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to and approves the recording of this SubdivisionlPUD Agreement, and hereby subordinates the liens of said Deeds of Trust to the matters set forth herein. Dated this day of May, 2005. Alpine Bank, Aspen Its: / l wa1 STATE OF COLORADO ) ss COUNTY OF PITKIN ) The forego' Consent of Mortgagee was acknowledged before me this S- day of May, 2005, b 'T / r~s6,. as ~ ~ < < d ; ~- __ of Alpine Bank,. Aspen, a Colorado corporation. Witness my hand and official seal. My commission expires: //a ~~O ~' Ngi ary Public ~srasro_Lnoc ~ ~ M~ 1~ Camredai Fi¢i11011281290! .., .. 1 IItI IIIlI11 510210 EXHIBIT Itllllilllllllllll I~II~IIVIII IIIII~~~IIIIIIII1IIII 00917020000 4301 B 26.80.490 Condominiumization. A. General. Where a proposed development is to include a condominium form of ownership, or if an existing development is to be converted to a condominium form of ownership. in whole or in pan. a condominium subdivision plat reYlecting all condominiutnized units. or that portion of the development to be condominiumized, shall be submitted to the Community Development Director for review and approval as a subdivision pursuant to the terms and provisions of this section. B. Procedure. A development application for a condominiumization shall be reviewed and approved. approved with conditions, or denied by the Community Development Director, pursuant to the proce- duresand standazds in this section and Common Development Review Procedures se[ forth at Chapter 36.304. No condominiumization shall be approved by the Community Develop- went Director unress compliance with all application portions of this Section, applicable portions of this Chapter, and applicable portions of this Titlc are demonstrated. 1. Contents ofAanlication. The contents of a development application for a condonnium or condotniniumization shall include the following: a. The general application information required in Common Development Review Pro- cedures set forth at Scction 26.304.030. b. A condottdnium subdivision plat drawn wi[h pemartent ink on reproducible mylaz. Sheet size shall be twenty-four (24) inches by thirty six (36) inches with an unencumbered mazgin of one and one-half (1-1/2) inches on the ]eft hand side of the sheet and aone-half {1/2) inch margin azound the other three (3) sides of the sheet. It shall include: (1) Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular azcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control sur- vey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). (2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or lazger_ Architectural scales aze not acceptable. if it is necessary to place the plat on more than one (1) sheet, an index shall be included on the fast sheet. A vicinity map shall also appear on the fast sheet showing the condominium project as it relates to the rest of the city and the street system in the azea of the proposed condominium. (3) A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System maybe used. {4) A statement by the land surveyor explaining how beatings, if used, were deter- mined. (5) A certificate by the registered land stu-veyor as to the accuracy of the sttrvey and plat, and a statement that the survey was performed in accordance with Colorado Re- vised Statutes 1973, Title 38, Article, 51, as amended from time to time. (6) A certificate by a corporate Title insurer, that the person or person dedicating to the public the public rights-of-way, areas or facilities as shown thereon aze the owners thereof in fee simple, free and clear of all liens and enctnnbtances. (7) Certificates showing approval of the final plat by the City Engineer and Convnu- nity Development Director. (8) A certificate of filing for the Pitkin County Clerk and Recorder. (9) Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 33, Article 53, as amended from time to time. 2. Recordation. The approved condotnittium subdivision plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the Comtunity Development Di- rectorshall render the plat invalid and a new application and approval will be regtured. 3. Subdivision Agreement. No subdivision a~eement need be prepazed or entered into be- tween the applicant and the city pursuant to a condominium or condominiumization approval unless the Community Development Director determines such an aeTeement is necessary. 4. Minimum Lease Deed Reszricrion. NBnimum lease deed restrictions imposed by the City Council as a condition of condominiumization approval prior to July 1, 199?, shall only be modified orremovcd with the consent of the City Council. (Ord. No. »-?000, § 13) IlflllIVIII MIN IBIIIIII~III II~INIIII~III,IIIIIIII 0 9107,/x20050 4301 ,~~.. c E 3 O v a a' 9 m „ 2 y a x a J m +m' N y~ m cT ° E ~ a m ~ d ~ ~ p N y N N y~ 6 D-' N V r d .-, 8 N M 0 S 8 S S 8 ~ S 00 8 M1 n O ~ ~ O Y _ O K N h ~ O N H y~y~ M N t7 N P N N V vi N N N ~ p M p ~ N R of °I N IA M {~~}j N r N N M F~ N N N M N O 00 o ~ N ~ . O pp p0p O 0p O 00p O pO ~ p S p 80p p 0p O p0p " q ~ O 0 O p W0q~ p 0 ~ v+ 0 p O 0 Op " M O N a 8 0 1NA 0 f° 0 lf I 0 Vf ` a S 1° 8 0 IA N N a M N H m E Y f ~ ° O N tlI O U N O N N N t{ ~~ M 19 m a M N N ' e ~ > ~ N o m a ~ e ~ ^ ~ ~ E N E m J J ~ J N N N N ~ d NN m m -~ ~ f}q V to y~ y. ~ N J J /~ 3 `~ ;; ~ S O ~ N !°- f' N O II ~ A A O N ~ ~ M N N < ~ 0 00 00 p° NO O r' ~ ~ ~ N N M W N p~ N C m .l i Q m • m 0 Q m m ~ ~ m ~ ~ a ~ y 9 m IR [ u ~ ~ m ~ O ~ ~ ~ c ~ ~ g ° ' K y y m m u~ m m v ~ ~~ ~C ~ ~ c 5 ~ 'a c '~ m o @ ~o ° ~ S c t o m w a' E y ° m 2 Tn ~ a1 c °} ~ m ~p ~ ~ m N m m .~ '~ C .a ~ c m u m E m Z te{ ,°. v z ~ c m $ a E ~ m g a z ~ c ~ c 8 > ~ € ~ a m S ~ m ~ m N ` m 3 d = ~ m y 'm C E m °I 0 d 0. ~ Q c m` m O T mp m C yO; o o p m Fi , R a c v y R m ~ E : y C _ C m b ~ L^ m Q N ~ .c m pc (J m ~ U 9 y - O ~ m _° C N W C o p ~U U ~° $ m m U ~ o > c F"i ~ `o w " a c o c o E m E a c m a c $a fD= ~ c O C) ~ C C C A p L ~ ~ p y ~ ~ 3 m c ~ j~ 3 C $ Cg~ '~' ~ ~ m O ~ I n 3 _ ~ ~ ~ Y 33 IC ~ p W W U' ~ Z U ~ Z Z ^ L' 3 J° i a D~ ~ ~ ~ C L _ ~ ~ X( W yy ¢ ~ ZZ %% W a ~ 3 ~ a ~ m m ~ m N wm. p ' « ~ N E q t m 3 b ~ ` C N N N N I111111IIIIIIIINIIIIII~~IIIIIIINIII111lilllllll1111 05%1~7~0®f04301 SILVIq DgV15 PITKIN CDUNTY CO R 166.00 0 0.00 O m E u A 9 m °m C .E€% m ~ ~ 6D 5~ ~mw ~ m c v ~~ m y ~ ° m c H E ° ~ m c ~ a V m y ~ ~ m B 6 y m C L ~ q ~ u ~ @ U ~ Cl O 2 .-„ ..~ Residences at Little Nell -Dean Avenue and SITE COST ESTIMATE Galena Street improvements Date: 2.14.04 Attn: Sunn Vann Prepared for: Prepared by: SS GWA Development, LLC Checked by: SS Desi n Worksho UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT i~1~7~ V k~ ~Rff. i74T#~3«~SRT~s~~~'ks~~.R~M~. 'r.. .. a~ .., :. .a::. 5600 Ornamental Street Light 5600 Recessed Wall and/or Stair Light 12 Each $3,500.00 $42,000.00 34 Each $300.00 $10,200.00 TOTAL SCHEDULE 0025000 $52,200.00 S~HEE3Ui,~i44;`r~)10`~I~f'D;~1~N~+`E~Ik~I[}E:Q~~I~I~' .:. °':, .' .., , ,...x,... _... ~.,m _. ~=; 6300 Storm Drains and Drop Inlets (includes trench drain) 2 each $1,600.00 $3,200.00 TOTAL SCHEDULE 002-6000 $3,200.00 IIIIIIIVIIIIIIIiIIIiIUIIIIIiII~IIIIIIIIIIIIIIIIIII 05~1O7,/Y00O6 04361 SILVi4 ORVI6 PITKIN WUNTY CO R 166.00 D 0.00 Residences at LitHe Nell Dean Avenue Improvements cent Estimate Page 1 s+ '°h 7200 Concrete Curb and Gutter includes base complete in place 7200 4' Concrete Valley Plan includes base complete in place 7300 Concrete Slab (w/scoring) 7300 Color Concrete (w/ scoring) 7300 Endicott Brick Pavers 7300 Granite Pavers 641 L.F. $15.00 $9,615.00 185 L.F. $6.75 $7,248.75 401 S.F $4.00 $1,804.00 2,719 S.F. $8.00 $21,752.00 4,850 S.F. $11.25 $54,562.50 2,292 S.F. $25.25 $57,873.00 7300 Color Concrete Stairs w/ Snowmelt 338 L.F. $146.00 $49,275.00 backfill complete in place 7400 Concrete Sub Slab 10,080 S.Y. $2.60 $28,208.00 7400 6" Class 6 Crushed Rock Course 394 C.Y. $27.50 $10,835.00 TOTAL SCHEDULE 002-7000 $231,724.50 I[UVI1P1IIIfI~11IIIKII~~I~11~~~IIIeI~~I~IAII~R illl 5a!Oo e~eeea3ot Residences at trifle Nell Dean Avenue Improvements Cost Estimate Page 2 Residences at Litf/e Nell - De Galena Sfreet Improvements CWA Development, LLC 2.14.04 Checked by: SS UNIT I ITEM PRICE AMOUNT 8300 Handrails 223 L.F. $55.00 $12,265.00 8400 Site Walls-concrete on grade 362 S.F. $40.00 $14,480.00 8500 Planter Pots (Medium to Small) 12 Each $400.00 $4,800.00 8500 Benches 8 Each $2,500.00 $20,000.00 8500 Trash Receptacles 3 Each $750.00 $2,250.00 8500 Bicycle Racks 6 Each $500.00 $3,000.00 8500 Art Element 1 Each $10,000.00 $10,000.00 8500 Pedestrian Bollards 4 Each $500.00 $2,000.00 8500 Iron Trunk Guards 0 Each $500.00 $0.00 8500 Iron Tree Grates 12 Each $500.00 $6,000.00 TOTAL SCHEDULE 002.8000 $74,795.00 Il~llII~IIII~II~!>II~III~IIIITYIIIIIIIIIIIIIII~I iI1~I 5902 0@004301 Residences e1 Liltle NeM Dean Avenue Improvements Cost Estimate Page 3 Residences at Lithe Nell -Dean Avenue and (SITE COST ESTIMATE Galena Street Improvements Date: 2.14.04 Attn: Sunnv Vann __ -__ CWA Development, LLC Checked by: SS UNIT I ITEM 9200 Irrigation: a. Irrigation Coverage 412 S.Y. $18.00 $7,418.00 b. Irrigation Sleeving 475 L.F. $6.00 $2,850.00 TOTAL SCHEDULE 002-9100 510,266.00 6100 Slab Snowmelt System 9,450 S.F. $15.00 $141,750.00 TOTAL SCHEDULE 015-6000 $141,760.00 ~,pIIII II ~~IIII~II~~~~II~~~~II~~,II~~~~~~~~ 0 9~0 0000 3N1 111~~~111~~111 iYKtR courciv co R 166.00 Residences at LitOe Nell Dean Avenue Improvements Cosl Estimate Page 4 Residences at Li#Je Nell -Dean Avenue and SITE COST ESTIMATE Galena Street Improvements Date: 2.14.04 Attn: Sunn Vann Prepared for: Prepared by.• SS CWA Development, LLC Checked by: SS Desi n Worksho UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT PROJECT SUMMARY SCHEDULE 002-6000 SITE UTILITY -ELECTRICAL $52,200.00 SCHEDULE 002-6000 SITE DRAINAGE AND CONTAINMENT $3,200.00 SCHEDULE 002-7000 PAVEMENT AND CURBS $231,724.50 SCHEDULE 002-8000 SITE IMPROVEMENTS $74,795.00 SCHEDULE 002-9100 LANDSCAPE IRRIGATION $10,266.00 SCHEDULE 015-6000 MECHANICAL SYSTEMS $141,750.00 TOTAL CONSTRUCTION COSTS $513,935.50 CONTINGENCIES (15%) $77,090.33 TOTAL PROJECT COST $591,025.83 1 IIpI'~~ IN II1 I{{I~~I~II~IIII~I~tl~~Il 510210 111111111~1111hII~NI`l~~I~IYCO R 168.00~7D ~g4301 Residences at Little Nell Dean Avenue Improvements Cost Estimata Page 5 Residences at Little Ne/I -Dean Avenue and SITE COST ESTIMATE Galena Street Improvements . Date: 2.14.04 Attn: Sunn Vann Prepared for: Prepared by: SS CWA Development, LLC Checked by: SS Desi n Worksho UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT THIS COST ESTIMATE WAS BASED ON THE FOLLOWING ASSUMPTIONS: The prices do not include any rock excavation or existing site demolition. The prices used in the estimate are 2003 construction prices, and reflect summertime constructic conditions. All quantities are preliminary and are subject to change upon completion of final construction drawings. All prices include supply and install by Contractor IIIIII IIII IIIIII VIII ICI VIII IIIIIII III III IIII ICI 5 ~1@7~ BD3r04301 SILV[R ORVIS PITKIN COLNTY LO R Sfi6.00 D 0.00 Residences at Little Nell Dean Avenue Improvements Cost Estimate Page 6 ... ., n I'MbbwrorMvl m.brH miWtlM.tlM ev n.M mxpYl Argo:IwM1H..uwatl KMFAr~k Cwoep.rpum.n~.mu MouM.M Mdoyn} Pmwa HgSY.n. d:onG:ury AmineANr.bHo4. aervlo.b.ny eympwiarpu. o..pAUn tbnuin 8rm4ny Rp.x.umm 6gIfWC:fnN PorliWnon AIAAR RmAry MaMtln Panfpmon luP4Y++pW1Y{ SMI~IgIM AMrywvf m~mmnM Common JUM{af FtluneuN'Ma.' Mzolu f.fru AtlnNhawn llfm.MMY InJn ninpL.'N.wf WuwYni.! &ue Flp aeuMbwcMtlpelup PWn' plAwl. anme Elymlub.tlq[.M'uf S.n lu6 eM112.IN1:nlen.f Fnmpp:msnrM'Arraf' Anm. W.aM NT.gy.o Fwno. v.MwH.n. Rx#yM.wWn F..ew ib. «entl.'nn.:mn' p.nm.rp BU.pnf. AgtlMpeumNf Reeky MOYnW1COMmbin. q.sopWlneeW. L.nW.rv.tl CVnptl. cmlvf fAbAM. n.ap Oapwatl pyaRAll PROhmACCaneOAE] nm.nlFllpVpAENni1M{enele yfNq ue.cp •: p.r.veaeMbn. WnfwoW NUbFlnl eullc y.N.) yBpao r nm.r.y. ~.cmeunm. pwrmu I .N I II I I ~ I • I V III V III I ^ II I ~f I ll III I II VI VIII IIIIII III I~I iI II II II ~f 9 ~2 3 II Tn 9RI1NprOrAL V I 0 05 04 01 SILViR DRVIS PITKIN COUNTY CO R 166.00 0 0.00 EXHIBIT G Realtlpnces at LRde Nell Lantlfc.pinp CeN Efllmen &ltlMnm Imp:vnm~:eAyw:n.lA ,-- IIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIII)IIIIIIIIIIIIIIII 504126$ ii:o6q SILViq OgVIS PITKIN COUNTY CO R 76.00 D 0.00 ~ Ordinance-IVO: 3i1 (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING FINAL PLANNED UNIT DEVELOPMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, SUBDIVISION, CONDOMINIUMIZATION, TIMESHARE, AN AMENDMENT TO THE OFFICIAL ZONING MAP, AND ACCEPTING A DEDICATION OF LAND FOR PUBLIC-RIGHT-WAY IMPROVEMENTS F`OR THE~IESIDENCES AT LITTLE NELL, LOCATED AT 535 DEAN AVENUE, AND AN AMENDMENT TO THE LITTLE NELL SPECIALLY PLANNED AREA, LOCATED AT 675 EAST DURANT AVENUE; CITY Off' A~P~1V, fiTl'I{IN COUNTY, COLORADO. Parcel ID (Tipple Lodge Parcel): 2737-182-36945 Parcel ID (Tipple Inn Parcel): 2737-182-36291 Parcel ID ('T'ippler Parcel): 2737-182-96033 Parcel ID (Conservation Parcel): 2737-182-36877 Parcel ID (Aspen Skiing Company Parcel): 2737-182-00080 Parcel ID (Little Nell Hotel Parcel): 2737-182-50102 Parcel H) (Henn Residence): 2737-182-96002 Parcel ID (Anderman Residence): 2737-182-96005 / Parcel ID (Jacoby Residence): 2737-182-96004 / ~ Parcel ID (WestpacResidence)t 2737-182-96003 WHEREAS, the Community Development Department received an application from the Aspen Land Fund, LLC (Applicant), represented by Sunny Vann of Vann Associates, requesting approval of a Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshaze approval, Speciat Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, 8040 Greenline Review, and a dedication of land to the Dean Street right-of--way for the Residences at Little Nell Planned Unit Development; and, WHEREAS, the application submitted for the Residences at Little Nell (plans dated May 1, 2004) proposes a 108,000 square foot, multi-story structure consisting of 24 timeshare units, 8 hotel rooms, 2 condominium units, 8 affordable housing units, approximately 8,900 squaze feet of commercial space, and a 70 space sub-grade parking garage; and, WHEREAS, the Community Development Department received refenal comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments aS a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshaze, City of Aspen Ordinance No. 30, Page 1 Series of 2004. IIIIIIIVIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIIIII)IIIIIIII 504 268 33.06P SILVIQ OiiVIS PITKiN COUNTY CO R 76.00 D 0.00 ~,,,1 Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.430 of the Land Use Code, Special Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.435 of the Land Use Code, 8040 Greenline Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to the Official Zone District Map, Section 26:440 (Special Planned Area & Amendment), Section 26.445 (Final Planned Unit Development), Section 26.470 (Growth Management Quota System Exemptions), Section 26.480 (Subdivision and Condominiumization), Section 26.590 (Timeshare) approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, at their regularly scheduled meeting on June 2, 2004, the Aspen / Pitkin County Housing Authority forwazded a unanimous recommendation of approval ~ with. conditions to City Council to approve the proposed affordable housing mitigation and replacement units for the Residences at Little Nell; and WHEREAS, Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, the subdivision approval is for the amendment to the Little Nell Subdivision and adjacent Aspen Skiing Company pazcel to create pazcels to be conveyed and become part of Lot #1 Residences at Little Nell Subdivision, a replatting of the Tipple Woods Subdivision dissolving and replacing all former plats and renumbering former Lots 4,' S, and 6 as new Lots 1, 2, and 3, creation of Lot #1 of the Residences at Little Nell Subdivision with new easements and boundaries and eliminating all former internal property boundaries and easements, creation of multi-family units on Lot #1 Residences at Little Nell Subdivision, and creation timeshaze estates on Lot #1 Residences at Little Nell Subdivision; and, WHEREAS, during a regulaz meeting on August 3, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to August 10, 2004; then continued it to August 17, 2004 where the Planning and Zoning Commission approved the request for Special Review and City of Aspen Ordinance No. 30, Page 2 Series of 2004. IIIIIIIIIIII (IIIIIIIIIIIIIIIIIIIII~IIIII~IIIIIIIIIIIIII p 04 268 ii:efia ,SILVIR DRVIS PITKIN COUNTY CO R 76.00 D 0.00 the 8040 Greenline Review and recommended City Council approve the Final Planned Unit Development (piJD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshaze, Amendment to the Official Zoning Map, and Special Planned Area Amendment by a four to zero (4-0) vote, with the fmdings and conditions listed hereinafter; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the application meeting or exceeding all applicable standazds of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that the application for rezoning meets or exceeds the applicable standazds for rezoning, including whether the proposed amendment is in conflict with any applicable portions of this Title, whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan, whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood chazacteristics, the effect of the proposed amendment on traffic generation and road safety, whether and the extent to which the proposed ~ amendment would result in demands on public facihties,'and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, pazks, drainage, schools, and emergency medical facilities, whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, whether the proposed amendment is consistent and compatible with the community chazacter in the City of Aspen, whether there have been changed conditions affecting the subject parcel or the sun•ounding neighborhood which support the proposed amendment, whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title, staff analysis of these standazds included in Exhibit C of the September 27, 2004, staff memorandum to City Council, and comments and testimony provided by the public during public hearing; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: The Residences at Little Nell project is hereby approved, subject to the conditions of approval listed hereinafter. _. Section 1: Rezonine City of Aspen Ordinance No, 30, Page 3 Series of 2004. r.. ~.,.~ The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat and Final PUD Plans, amended by the Community Development Duector to reflect Lot #1 of the Residences at Little Nell as included in the Commercial Lodge (CL), Conservation (C), and Lodge Tourist Residential (LTR) zone districts, as depicted in Exhibit A to this Ordinance and to be more precisely delineated on the Zoning Map of the Final PUD Plans. Section 2: Project Dimensions Considering the dimensions of the underlying zone districts of the Residences at Little Nell property as a guide, the following dimensions of the project are approved and shall be reflected in the Final PUD Plans: 1 504168 IIIIIIIVIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIVIIIIIIIIIII00191Sp 000011:06q City of Aspen Ordinance No. 30, Page 4 Series of 2004. .~. ,..., ..~ l"1 ~_ __ _ __.. Minimum Lot Size ___.... __ n io.vv u o.no 66,737 S uaze Feet Minimum Lot Area per Dwelling Unit No requirement Maximum Allowable Density No requirement . 24 units, comprised of 19three-bedroom units Timeshaze units and Sfour-bedroom units. 16 of the timeshaze units include "lock-off' units for a total of 40 rentable divisions. Lod a Units 8 units 2 Free-mazket units. Also see Section 9. Residential Units 8 Affordable Studio units. Also see Section 8 Minimum Lot Width 206 feet measured along the Dean Avenue ri t-of-wa . Minimum Front Yard Setback 0 feet Minimum West Side Yazd Setback 0 feet Minimum East Side Yard Setback 0 feet Minimum Reaz Yard 4 feet Maximum Site Coverage As represented on Final PUD Development Plan. Reference drawin #9 of a lication. As represented in the recorded Final PUD Plans Height Plan. Also see Section 3. Maximum Height Reference drawing #30 of application. The recorded Height Plan shall govern over the a lication drawin s. Min. Distance between Buildin s No Re uirement 0 percent, provided azeas outside the building Min. Percent of Open Space footprint shall only be developed according to the Final PUD Development Plan. Reference drawin #9 of a lication. Allowable External Floor Area 108,000 s uaze feet. 2 short-term spaces within the porte-cochere Minimum Off-Street Pazking Spaces 70 spaces within the underground parking gazage. Reference drawings #10 and #11 of a lication. Section 3: Height Plan The Final PUD Plans shall include a height plan depicting the height of the building at various points relative to the lower of existing or proposed grade and relative to a fixed elevation control point. Section 4: Multi-Family Housing Replacement Program The Development Order issued commensurate with fmal approval by City Council shall constitute a "Certificate of Compliance" in accordance with Chapter 26:530 - Multi- Family Housing ReplacemenrProgram. City of Aspen Ordinance No. 30, Page 5 Series of 2004. ~"'~ r! IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 504 Z68 i5:esa 'SILVIA DBMS PiTKiN COUNTY CO R 76.00 D 0.00 Section 5: Impact Fees Park Impact Fees of $58,315.95 shall be assessed. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall. require a new calculation. The following fee total is based on the current fee schedule: Pazlc Fees -Proposed Development: 8 Studio affordable housing units @ $1,520 per unit 8 studio lodge units@ $1,520 per unit 19three-bedroom lodge units @ $3,634 per unit 5 four-bedroom lodge units @ $3,634 per unit 2 four-bedroom residential units @ $3,634 per unit 8,900 squaze feet of Commercial @ $1,785 per 1,000 s.f. Total Park Fees -Credit for Existing Development: 2 Studio residential units@ $1,520 per unit 10 studio lodge units@ $1,520 per unit 3 one-bedroom units@ $2,120 per unit 9 two-bedroom units@ $2,725 per unit 1 four-bedroom unit@ $3,634 per unit 13,230 square Feet of commercial @ $1,785 per 1,000 s.f. Total Credit Total Pazk Impact Fee Due _ $12,160 _ $12,160 _ $69,046 _ $18,170 _ $7,268 _ $15,886.50 _ $134,690.50 _ $3,034 $15,200 _ $6,360 _ $24,525 _ $3,634 _ $23,615.55 _ ($76,374.55) _ $58,315.95 School Land Dedication Fees aze assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $28,357,900 from information on recent transactions provided by the applicant. Divided by the 1.55 acres of land area (67,618 squaze feet), this results in a per acre value of $18,295,419. One-third of this value divided by the proposed 10 residential units results in a $609,847 per acre.standazd for calculating the impact fee. The subject subdivision is not conducive to locating a school facilityand a cash-in-lieu payment shall be accepted. School Land Dedication Fees are follows, payable at building permit issuance: 1/3 land Land Per unit Number value per Dedication Fee of Units unit per standazd acre acres Studio/One $609,847 .0012 $731.81 8 $5,854:50 bedroom Two Bedroom $609,847 .0095 $5,793.55 0 $0 City of Aspen Ordinance No. 30, Series of 2004. Page 6 rte. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIII 504 Z68 ii:osR SILVIR DRVIS RITKIN COUNTY CO R 76.00 D 0.00 ~"'', Three Bedroom $609,847 .0162 $9,879.52 0 $0 Four Bedroom $609,847 .0248 $15,124.20 2 $30,248.40 Total: $36,102.90 Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The above fee total is based o_n the current fee schedule. Section 6: Water Department Standards The applicant shall comply with the City of Aspen Water System Standazds, with Title 25, and with applicable standazds of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 7: Sanitation District Standards The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No cleaz water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use of a pumping station. Section 8: Affordable Housine The applicant shall provide affordable housing mitigation for 60 Full-Time Equivalents in the following manner: • Eight studio rental units to be constructed on site and restricted to Category 2. • Fifteen units to be provided by the "buy down" of the Obermeyer Resident Occupied (RO) one-bedroom units. Seven of these units shall be Category 2 and eight shall be Category 3. • Eight three-bedroom for-sale units to be constructed at the Aspen Airport Business Center (AABC), Imown as the Alpine Grove Condominiums. Three of these units shall be Category 2 and 5 shall be Category 3. A Certificate of Occupancy for the Residences at Little Nell shall not be issued until such time as Certificates of Occupancy for the deed restricted affordable housing units, which are required for mitigation, have been issued. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the APCHA Guidelines and the Obermeyer buy-down units shall be governed by the City Council approvals for the Obermeyer Place project. The applicant shall structure a deed restriction for the eight on-site studio rental units such that 1/10"' of 1% of those units aze deeded in perpetuity to the APCHA; or the applicant may propose any other means that that APCHA determines acceptable. City of Aspen Ordinance No. 30, Page 7 Series of 2004. ~ ~ I IIIIII VIII IIIIII VIII VIII IIII IIIIIII III VIII IIII IIII 00 10~D 65011 :06ii ~ Employees to be housed in the ee -restr3cte amts s meet a mm3mum occupancy requirements under the APCHA Guidelines. The deed restriction shall be recorded concurrently with the recordation of the condominium map to the City of Aspen and shall abide by all restrictions as stated in the Guidelines. The two free mazket condominium units may be condominiumized and sold as wholly- owned residential units and occupied on a short- or long-term basis. These two units may be converted and included as part of the timeshaze use plan pursuant to an Insubstantial PUD Amendment. Section 10: Subdivision Plat & F5na1 PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and a Final PUD Development Plan. The Subdivision Plat shall wmply with current requirements of the City Community Development Engineer and shall include: 1. The final property boundaries and disposition of lands to be dedicated to the Dean Street right-of--way. 2. The location of Revocable Encroachments for physical improvements within public rights-of--way with reference to agreements and licenses appended to the ~^+ PUD Agreement. _ 3. The location of utility pedestals with access easements for the utility provider. Transformers and pedestals shall be located outside of the public right-of--way. 4. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for a building pemvt. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. The Final PUD Plans shall include: 1. An illustrative site plan with adequate snow storage areas and/or snow melted aeeas depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department. 3. Design specifications and profiles for the Dean Street improvements. To the extent practicable, the design for Dean Street improvements shall be consistent with any final master design plan adopted by the City for Dean Street improvements. 4. An architectural character plan demonstrating the general architectural character and depicting materials, fenestration, projections, and locations of projections such as elevator shaft heads, mechanical equipment, etc. Mechanical equipment shall be ~' screened from pedestrian view. City of Aspen Ordinance No. 30, Page 8 Series of 2004. .-~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIIIIIIIIIO 5040 68 ~~ o6A 5. Floor plans of each level depicting unit divisions and plaza leve improvements. 1~` 6. A utility plan meeting the standazds of the City Engineer and City utility agencies. 7. A grading/drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction.. If a ground rechazge system is required, a soil percolation report will be required to correctly size the facility. A 2-yeaz storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer (also see Sectionl 1, condition 6.) 8. An exterior lighting plan meeting the requirements of Section 26.575.150. Section 11: Subdivision/PUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed iri Section 26.445.070, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of--way with reference to their locations depicted on the Subdivision Plat. 2. The agreement shall state the ownership and maintenance responsibilities of the ~, common areas of the project. 3. The agreement shall include a maintenance and operating agreement for Dean Street. The design, installation, maintenance and operational costs for new surface and subsurface improvements to' Dean Street shall be borne by the owner of the Residences at Little Nell project and its successors and assigns. New subsurface improvements shall include a snowmelt system and similar features but exclude existing utilities within the right-of--way. -Costs of replacing surface and subsurface improvements as a result of accessing City-owned ufilities or other subsurface work that damages surface and subsurface improvements installed by Residences at Little Nell, including the snowmelt system, shall be borne by the City of Aspen. The City of Aspen shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work on non-City-owned utilities. 4. An estimated construction- schedule with estimated schedules for construction phases affecting city streets and infrastructure and provisions for noticing the City Streets Department, the City Engineering Department, utility providers (including City agencies), and emergency service providers. 5. An agreement to return Galena Street to an acceptable condition after construction, as determined by the City Engineer. Subsurface work may be necessary. Curb and gutter work may be necessary. A fmal two-inch overlay may be necessary. In the alternative, the applicant may pay cone-time payment concurrent with receipt of a ~,,, puilding permit of $7,950 into the City street maintenance fund (an amount equal to City of Aspen Ordinance No. 30, Page 9 Series of 2004. r^ '"'~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIO 504aiz6S0iigasa ~ the cost of a 2" asphalt overlay over half the width of Galena Street along the `frontage of the Little Nell property to Durant Street). 6: $172,000 to offset City expenditure for project-related off-site drainage improvements shall be payable concurrent with receipt of a building permit. This fee has been determined by the City Engineer and prorated with other properties receiving such benefit. 7. hi order to secure the performance of the construction and installation of improvements in the public rights-of--way, the landscape and public facilities performance security shall include and secure the estimated costs of proposed right-of--way improvements. 8. A license agreement to use Dean Street, or a portion thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per square foot per month for the time period in which the land is to be occupied for construction staging. Section 12: Pre-Construction Meetin Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicatit, Project Architect, Project Planner, Prime Contractor, City Staff Planner, Community Development Engineer, Zoning Officer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, identify the timeline for ~ plat and PUD/SIA agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting permits, changes, etc., and review the Building Department checklist. Section 13: Buildine Permit Requirements The building permit application shall include/depict: 1. A signed copy of the final Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Ordinance has been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4: A completed tap permit for service with the Aspen Consolidated Sanitation District. 5, A tree removal mitigation payment of $27,645.31. This figure represents the difference between the assessed value of trees to be removed and the cost estimate to supply and install the proposed trees and native vegetation. Amendments to the plan shall require a recalculation. t"„3 City of Aspen Ordinance No. 30, Page 10 Series of 2004. .-~ --~, IIIIII VIII IIIIII VIII VIII IIII (IIIIII III IIIIII III IIII 5041Z68fI1606R SILVIB DRVIS PITKIN COONTV CO R 76.00 D 0.00 6. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed azeas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of--way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City; during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. 7. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets: If the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide a fmancial assurance in an amount to be determined by the Community Development Engineer. The City Engineering Department would strongly prefer that the applicants use soil hardening techniques rather than soil pins to stabilize the excavation cuts. (A study has been submitted and is under review by the City.) 8. A construction site management and pazking plan meeting the specifications of the City Building Department. (A study has been submitted and is under review by the City.) 9. The applicant shall submit a Soi] Suitability and Slope Stability Analysis by a licensed engineer with a specialty in geo-technical sciences. At a mirlimum, such /'"1 report shall determine the feasibility of excavating the hillside and identification of any necessary mitigation during construction of the lodge to protect adjoining ; properties from damage. In addition, the report shall include a baseline for slope stability prior to any excavation, establish a monitoring program to be - implemented throughout the construction and for two yeazs after completion of construction using accepted engineering standazds approved by the City of Aspen, including, without limitation, review of all soils, engineering designs, de-watering plans, and other applicable standards. (A study has been submitted and is under review by the City.) I O. The roof plan shall demonstrate substantial compliance with the representations made by the applicant with regazd to limiting the rooftop mechanical equipment and the use ofnon-reflective roofing material. Prior to issuance of a building permit: 1. All tap fees, impacts fees, and building pemut fees shall be paid. 2. The location and design of standpipes, fire sprinklers, and alarms shall be acceptable to the Fire Marshall. 'Section 14: PM10 Mitigation Plan In order to reduce the impacts of PM10 generated by the project, the project shall provide a shuttle service for use by the ownerslguests of the Residences at Little Nel] and shall ~' advertise to their guests that need for apersonal/rental caz is not mandatory due to the City of Aspen Ordinance No. 30, Page 11 Series of 2004. s-. ,•., IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIo 50401268 siseeu shuttle amenity. In addition, the Environmental Health Department recommends (but is not ~' requiring) that the lodge and its businesses join the Transportation Options Program and provide secure covered bike storage. This PM10 mitigation plan has been accepted by the City's Environmental Health Department and no further plan shall be required. Section 15: Delivery Dock No trucking, shipping and/or receiving, service, inspection, or commercial vehicles serving the Residences at Little Nell and/or associated commercial facilities shall utilize Ute Avenue for such purposes. All shipping and receiving, service vendors, inspection, and other commercial vehicles to and from the Residences at Little Nell and its associated commercial facilities shall be only via its parking garage and/or loading dock off of Galena Street. Section 16: Condominiumization Condominiumization of the Project to define separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. Section 17: PUD Plans Check Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate substantial compliance with the representations and drawings made and presented during the project review. Section 18: Restaurant The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining terrace shall be open and available for use in conjunction therewith, weather permitting, all days of the yeaz that the Aspen Mountain Skiing Area is open for public skiing, for a minimum of three (3) hours after the gondola lift at Little Nell closes each day. In addition, the bar and the outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run from June 15 through October 15 of each year, during all daytime hours that the gondola is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events may be held. Section 19: Vested Ris=_hts The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific City of Aspen Ordinance No. 30, Page 12 Series of 2004. ,-• .. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIo 5@4DZ68031ge6a ~,.~ development plan grid creation of a vested property right pursuant to s rt e. uc notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) yeazs, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the fallowing described property: Lot #1, Residences at Little Nell Subdivision and PUD. Section 20: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Community Development Department, or the Aspen City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 21• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 22: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 23: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 24• A public hearing on the Ordinance shall be held on the 27s' day of September, 2004, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Coloradii, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 25• This ordinance shall become effective thirty (30) days following final adoption. ~"`~ [signatures on following page] City of Aspen Ordinance No. 30, Page 13 Series of 2004. ~.:, ~-~, ~ INTRODUCER, READ A1V1'S ~T~E~~ ~.~T~S~.`~5 as provided by law, by the City Council of the City of Aspen on the l3 day of 2004. Attest: Kathryn S. Ky,Eh, Ci 'erk FINALLY, adopted, passed and approved this ~ day of Attest: ~ Kathryn S. Koc City erk Approved as to form: ~~~1~/r City's elen Ka 'n an a d, Mayor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII0 5O4D 68(tisesa ~~ Exhibit A -Proposed Zoning Boundary Map C:\home\Current Planning\CASES\Residences(til~LMFinal\Ordinance.doc City of Aspen Ordinance No. 30, Series of 2004. Page 14 O The Residences a1 - FINAL PUD SUE e. au 504168 ~I~~ IIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII00 i915oZe eell~ -_-- -- ~~diwarto~ Na ~~ s __ _- ~~ ~ 5,5,x. ~? ~-- -_~~-- ~~ -- -- -- - - --- - - - -- - - ---- - -- ----- --- Fh.~~~..--_x...._,..03_ ~`t _s_+os~+~~~~~---~'~ -~-- -- --- -- - -- ~~ NOTICE OF APPROVQ~ ~ ~J ~ \~ D ~~N Jv' - J For an Insubstantial PUD Amendmentf~The Residences at Little Nell, Lot #1, ~~ 501 E. Dean Street ~ Parcel No.: 2737-182-93-034 APPLICANT: The Residences at Little Nell Development, LLC REPRESENTATIVE: Sunny Vann (Vann Associates, LLC) SUBJECT & SITE OF AMENDMENT: The Residences at Little Nell 501 E. Dean Street SUMMARY: The applicant has requested an Insubstantial PUD Amendment to the Residences at Little Nell for miscellaneous design structural/architectural changes. The amendments include: _~f k • Revised Rooftop Stairs ~ C~~~t' ,n `,CS - Stairs narrowed to accommodate equipment room enlargement 'C~' ~ • Pool Access Control Gates ~_ ~' ~ L - Security fencing ~, e lG/t • Egress Easement ~t.Q~ - Dean Ave. emergency access easement from Aspen Ski Compan~ • Revised Egress and Rear Residences Access Structure - Roof assembly changes for building code requirements • Revised Unit B Roof Configuration - Roof changes to accommodate floor plan changes • Revised Main Mechanical Exhaust Shaft Roof Assembly and Finished Roof Elevations - 5 ft high scteenwall to hide mechanical equipment/vents on roof • Revised Elevator #4 Overrun - Distinguishing between elevator overrun and stairway • Revised Pool Equipment and Rooftop Restrooms - Restroom enlargement to meet occupancy codes • Elevator #7 Overrun - 10' by 10' addition for elevator overrun • Affordable Housing Units - Counter space requirements, ADA requirements • Revised Restaurant, Bar and Kitchen ~ ^~_ npT~ - Added restaurant prep kitchen, room service kitchen and lobby ~~J`I'N ~ -~ r Ordinance No. 30 (Series of 2004) approved the final PUD for the Residences at the e Nell. The site is a mixed use, timeshare lodge, primarily zoned Commercial Lodge (CL), ,which consists of 26.~ractional ownerships, 8 lodge units, 8 affordable housing units and approximately 8,900 sq. fr. of net leasable area. STAFF EVALUATIONS: Staff supports the proposed change to the Residences at Little Nell PUD. The c~ve~~~r'sro~rrs-- ~ proposed are consistent with h approvals granted in Ordinance 30, Series of 2004.apgrev~itzg--_ tltc-PFtR The change''allow$~`a'~rious small revisions to the projeciSarchitecture (stairways), more detailed design development (roof configuration/assembly, elevator overruns) and compliance with tk~' building code requirements that are minor in nature (pool access, restrooms, ADA requirements). In addition, the amendment makes note that an emergency egress easement had been granted to the Residences at the little Nell from the Aspen Ski Company onto Dean Avenue. ~fG~D .}-3j ~t~cJSS -kM~O1V~,U~-~~ ~ U DECISION: ~„ ~~~(~ .~W~"ul~n~t- The Community Development Director finds the Insubstantial PUD Amendment application to be consistent with the standards within Ordinance No. 3 eries 2004, and thereby APPROVES -~ the amendment for the miscellaneous ~ - - - ~ p~ APPROVED BY:. Chris Bendon Date Community Development Director ACCEPTED BY: Dewayne NieburQ'~ Attachments: Date Exhibit A: Approved Changes on Plan Set Exhibit B: Review Criteria Exhibit B: Application Zz ~ i ~ E .. i..a.. 'er (1. 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