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HomeMy WebLinkAboutLand Use Case.133 Prospector Rd.0049.2008.ASLUu� n File Edit Retard WOW FQrnn Reports Format lab ttelp _ a 401, ►✓-=bA aMill- o-4 4 V 4OAfL* Ole Atj A®® ..© 8a (9 1�J hto Main IYa►+aluon ICustwn Fields lam IFeei Iparcejs Fee SUmmar SSub eermits IAtWa ents IRO&Q Status IRouUV 4 ► Permit Y 10049.2008.A5LU Address 078 PROSPECTOR RD Permit Type JAspen Land Use ASPEN CO 81611 Total calculated 1,715.00 (Initial Fees) Total billed 735.00 (inck,*V adjustments) Total unbWed 980.00 Total penalty F 0.00 (inckdnq adjustments) Total receipt 1 735.00 ('mclud"kv adjustments) Total ref nded 0.00 (including adjustments) Biled balance 0.00 Total balance 980.00 Total advisory 0.00 Last bill date 1012112 0 0 8 Last penalty date F- i AspenGo4bl _�- - Record: n 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 0049.2008.ASLU 2735 14 213 002 078 PROSPECTOR ROAD ANDREA HINGLEY FINAL PUD AMENDMENT RITZ HIGHLANDS 1/14/2008 CLOSED BY Angela Scorey on 03/18/2009 735-1 y-2-150oa, avgale Fgm Reports Forrsat Tab Help once, , 2ic$ • #31_1,1 M Permit Type Permit # 0049.2008.ASLU Address 078 PROSPECTOR RD J AptiSuite I_ City ASPEN State CO - Zip 81611 J Master Permit F® J � Routing Queue aslu07 Applied 1 012 112 0 0 8 J Project 9 Status pending gpproved- Description ADDITION OF SIX PANEL ANTENNAS & SUPPORT EQUIPMENT TO TEXISTING Issued STRUCTURE Final F`J ! Submitted EDDIE MILLER, RITZ ASPEN H1L dock Running Days 1 ° Expres 1011612009 J -Owner ------- . _.._ ...... _ ". Last Name ASPEN HIGHLANDS CONDO _J: First Name I 1 6649 WESTWOOD BLVD Phone (407)206 -6000 STE 500 ORLANDO FL 32821 �- r Owner Is Applicant? Last Name ASPEN HIGHLANDS CONDO ]] First Name I 6649 WESTWOOD BLVD STE 500 Phone (407) 206 -6000 Cust # 125230 m ORLANDO FL 32821 Last Name I A First Name Phone F — °� 3 APPLICANT: Name: Location: ID # Name: Address: Name: Address: ATTACHMENT 2 —LAND USE APPLICATION �4c 'TYPE OF APPLICATION: (please check all that apply): ❑ ❑ Conditional Use Special ❑ Conceptual PUD ❑ Review Design (R Final PUD (& PUD Amendment) ❑ Review Appeal GMQS ❑ Conceptual SPA ❑ Allotment GMQS ❑ Final SPA (& SPA Amendment) ❑ Exemption ESA ❑ Subdivision — 8040 Greenline, Stream Margin, Hallam Lake Bluff ❑ Subdivision Exemption includes , Mountain View Plane condominiumization) ❑ F-1 Lot Split r _. , . , .. ❑ Temporary use of Have you attached the following? Pre - Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Wril All plans that are larger than 85" x 11" must be folded and a floppy text (Microsoft Word Format) must be submitted as part of the appy ❑ Conceptual Historic Devt. ❑ Final Historic Development ❑ Minor Historic Devt ❑ Historic Demolition ❑ Historic Designation ❑ Small Lodge Conversion/ Expansion ❑ Other. FEES DUE: S-7 �!_ Technology Associates .pon. ■ 'Cechnology Associates INerneJonul Carywrntion 9457 S. Unlvasity Blvd. #238 Highlands Ranch, CO 80126 Matt Butler Senior Project Manager (720) 939 -3144 (720) 228 -2264 Fax mbutler @taic.net www.taic.net I ELFCOMMUNICATIONS *ENVIRONMENTAL - GIS CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 7= (hereinafter APPLICANT) AGREE AS FOLLO 1. (hereinafter, has Submitted to CIT'X an application for 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of ap lication completeness, APPLICANT shall pay an initial deposit in the amount of $ "136 which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPTICANT 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 $235.00 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 APPLICANT /I l I� ' '— �V a Bill To Mailing Address and Telephone Number: CJ THE CRY or ASPEN Land Use Application Determination of Completeness Date: October 23, 2008 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0049 2008 ASLU (78 Prospector Road — Wireless Installation). ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. The Application shows the installation on the roof of 133 Prospector Road but the gpplication is for 78 Prospector Road Please clarify which building the wireless installation is proposed to be installed upon 2. The right to apply has not been verified There are multiple owners in both buildings. Verification of ownership of the roof element and approval by the owner(s) is required 3. The elevations and plans are not to scale and the existing scale makes it hard to read the detail of the wireless installation Please amend Your drawings. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2759 if you have any questions. Thank Yo , n Jennifer P elan, Deputy Director City of Asp ommunity Development Department C:\Documents and Settings \jennifep\Desktop \organized \G Drive \Templates \Land Use Cases \Completeness Letter Land Use.doc ATTACHMENT 3 414 �- DIMENSIONAL REQUIREMENTS FORM C/ o Project: _ �� ?f�U j op ?OOB Applicant: P Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Al /p Number of residential units: Existing: Proposed.: d: �} Number of bedrooms: Existing: VA Propose Proposed % of demolition (Historic properties only): Done DIMENSIONS: Floor Area: Existing: N/A Allowable: ft) IA Proposed. /A Principal bldg. height: Existing: 52' Allowable: .SZ Proposed.• 5Z Access. bldg. height: Existing: 43, Allowable: 6F 3, Proposed:�3' On -Site parking: Existing: W4/ Required: Ij44 posed. N/A % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required. Proposed. Rear Setback: Existing: Required: Proposed.• Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed.• Distance Between Existing Required: Proposed:_ Buildings Existing non - conformities or encroachments:jh o Variations requested: 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 anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. 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. Ritz Carlton Management Company LLC 78 Prospector Road Aspen CO 81611650-551-1707 Property Owner's Name, Mailing Address and telephone number Aspen Highlands Ritz Carlton 78 Prospector Road Block D Aspen CO 81611 Parcel Number: 273514213702 Legal Description and Street Address of Subject Property Approval of an Insubstantial PUD Amendment Wireless Telecommunication Services Facilities / Equipment Review and 8049 Greenling Exemption allowing for the installation of wireless telecommunication equipment of the roof of the building. Written Description of the Site Specific Plan and /or Attachment Describing Plan Insubstantial PUD Amendment, January 13,2009 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) January 13, 2009 Effective Date of Development Order (Same as date of publication of notice of approval.) January 13, 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 13`h day of January, 2009, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director C, ATTACHMENT 2 —LAND USE APPLICATION £� #ki APPLICANT: Name: — v Location: 079 ro ^ Indicate street address, lot & block nu ber, legal description where appropriate) Parcel ID UIRED 27 l X —M,14 Xm •id ' .. V. I/ 2 Name: Address: 079 1?% Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: EXISTING CON'DIIITIONS: (description of existing buildin , uses, previous approvals, etc. X1'1 SAL: (description of proposed modifications, etc. Have you attached the following? FEES DUE: $:2 �_ Pre- Application Conference Summary Attachment #1, Signed Fee Agreement ® Response to Attachment 0, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8S" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: —76 f fC�S Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26304.060 (E) or Section 26306.010 (E) of the Aspen Land Use Code in the following manner: c/ / 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. Signat The foregoing "Affidavit of Notice" was acknowledged before me this 20 day of 2009 , byp�( PUBLIC NOTICE Of DEVELOPMENT APPROVAL Ks/Ciiy .Aspen 011'0 in uie Aspen Times Weekly on January 18, 2009,(2853)10 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: C? �S (t✓ %D U 1 U Notary Public ATTACHMENTS: COP Y OF THE P UBLICA TION LAURA MEYER My Commission Ezpiros 0811012010 LETTER OR AUTHORIZATION TO: City of Aspect RE: Application for mning/butlding permitting As the owner of the properly described below, the undersigned does hereby appoint T -Mobile USA, its agents and contractors, as audwriud mpsescoutivea for the purpose of submitting an application for the purpose of omear Ling a wuekas commmicatiops site. The undersigned understands that the application may be denied, modified or approved with conditions: that such conditions or modifiatims most be complied with prior to ismena of building permits; and dint final approval of any such application will require approval by the undersigned as the owner of the property described below and Ritz- Carbon Management Company, L.L.C. as the manager of said property. The undersigned does hereby mthorize the employees of the City of Aspen to corer upon the subject property during normal business hours as necessary to inspect the property for the purpose of processing this application. primary Agent: T- Mobile West Corramtim cly, Technoloary A 1 ternatio I Corporation Anon Malt EWJ 9457 S University 938 1� • a�pg h 00 50126 (720) 939-31 aa Located al: 75 Prospecor Road Amu_ CO 51611 Assessaefs Parcel Number: Signature of property Represenmtive: 1025109932 lof/Ng 2735 - 142 - 13-002 Name."IutlrJ .'), i7zU- NrhE' -� Phone 5: V(") kvi i �Sa -,9 /-I �o} A2)-4 4 od Date Site Arta q: T- Mobile: DN4132D Search Ara Name: Aspen Rbz - Tmilhead Lodge I-% CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429 -2754 DATE: 8/29/08 PROJECT: Bone Lot Line Adjustment REPRESENTATIVE: Patrick McAllister OWNER: Gillespie Historic Partners, LLC TYPE OF APPLICATION: Lot Line Adjustment DESCRIPTION: The owner of Lot B of the Beck Historic Lot Split is receiving a conveyance of land (or releasing any claim to the land) from the properties commonly known as 639 N. 4'" Street (Odom) and 633 N. 4"' Street (Uhifelder). The purpose of the lot line adjustment is to correct a surveying error. The boundary line adjustment will not convey additional Floor Area to the receiving lot, but will create additional lot area. The general purpose of the plat is to confirm the new boundaries and that any conveyance of land does not result in a nonconformity (lot size or minimum yard setbacks). A lot line adjustment is reviewed administratively. Once reviewed and approved, the applicant will circulate two sets of mylars for signatures and then submit to the city for city signatures and recordation. A link to a land use application can be found at hftp�//www.aspenpitkin.com/pdfs/depts/41/landuseappform.pdf Land Use Code Section(s 26.304 Common Development Review Procedures 26.480 Subdivision 26.480.030 A.1, — Lot Line Adjustment 26.480.040 A. — Lot Line Adjustment and Exempt Timesharing 26.480.060 B. — Review by City Council (contains plat requirements, as applicable) Review by: Staff for complete application Referral agencies for technical considerations if necessary Public Hearing: N/A Planning Fees: $735.00 (for 3 hours of staff time additional hours billed at $245.00 Total Deposit: $735.00 Total Number of Application Copies: 2 Copies i To apply, submit the following information: Q Total Deposit for review of application. 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. D 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. O Completed Land Use application and signed fee agreement. Pre - application Conference Summary. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 0 Proposed plat. 0 A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application § 26.480.030 A.1, — Lot Line Adjustment. Technology Associates Technology Solutions Results Memorandum To: Jennifer Phelan From: Matt Butler Date: November 12, 2008 RE: Jennifer, T- Mobile Aspen Highlands Ritz _a C %C; 'T Per your email, attached are the revised drawings with the correct address. I will forward the HOA information prior to your final approval of the application. Please let me know if you need anything else or have any questions. Thank you, Matt Butler Senior Project Manager Technology Associates International Corporation 9457 S. University #238 Highlands Ranch, CO 80126 (720) 939 -3144 Technology Associates Intematlonal Corporation 9457 S. University Blvd. %238 Highlands Ranch, CO 80125 w Iaic.net Xq Ea 4W FaF51 8 posea aa,w wo, mu PW mommom am DEW OF TRUST 19 84.smwn&IVMW. Jobs Albert Odam Jr- =4 r7wmwvr)6dwFAIcTmmwd cswwyr7hmme,}mi*wi " , 11 Stu City owtvw Como■or sallor a —�9mbnor c4lows" 0. Ndwbmoihwb ioI 1. Ira kvvome, Suite 103, Ampow. COSTIM" 51611 O■eesaraw■IAirdwrAwydawar Too MUSISIS TOMM 0o6 AM AM MID/14)(11111— Dollift(U"'201).000-00 0 Awred is nom C06% clislaim Lots 7.6.9. "d to luck "P WIM's Addits" �k cwmtT al VIZUs. Stats, of C*Urado Less sol mcwt diet portleas as tow"W an Boad recor" Jemmy 4. Mll in "Ok 341 at Page U as Iscortlaw ft..,219494 sad turtbw Omeribed as fOLLMS A tract of Imad k"Imalft LM south Part Of Lots 7-8-9 NA 19, In &1mk 99 Isum's A"ItIms adjecoat to t" f A"Ca. $a" tract IJ&@ I" the SW 114 of the IS 1/4 of voct," 12. 7�omp I* mouth. Smalls 85 Vast of the SO P.M. mad U we" fully 6"cr3mw as fouvoul •"Jus"S at tho southeast Career of "I& Lot 10 stemas the southeast Cursor of tin Sr 1/4 of Bectim 12 becre W33, a. 192.73 foots tb@WA Worth 70 fast &UM the Wt lie of Lot 101 toous• ugst 100.0 Just to the wt Use of Lot 7; thecae "a% 11.39 lost alom. the -v"t lime of Lot 7 to t%o sowthm"t cowsor of Lot Ill obsess, S. 0 22'111 00-9 - 0 , '906t 91M the South "m of Into 7-11-9 and 10 to the poise of bealludso. I 412t •lkkbo tmamewof 639 Sunk JW Iltroot Aspos jCWj C', owd wnw A UK mwmvmmo NOW w - I ■ . m dw ow"Ev. med as owns" d1oft a, wAmnk ad ad So do■ md loops, mems, OOM OW mack ad all LOOM Was ON 'by ddiftemby bKnmmt AN cfdw boom PW ■ rom "a Mad Ppopwv od do Ift I "at) b Aw sumob� of POP" �. 1, Md "a Adhod offinrelly low Iva Is do hopm 11 MI'd Is Nor 4fm" Two SWMffy IMMMM CMUM WN" WmWft off aaaYaO s wW a,,m Ww= sm"moom wkk how, , , b7j I " imew I COLORA06-abo re-4—moshimm wdrar Lr7aleon FWM am loin Z5 W Coo an CP1 posea aa,w wo, mu PW mommom am DEW OF TRUST 19 84.smwn&IVMW. Jobs Albert Odam Jr- =4 r7wmwvr)6dwFAIcTmmwd cswwyr7hmme,}mi*wi " , 11 Stu City owtvw Como■or sallor a —�9mbnor c4lows" 0. Ndwbmoihwb ioI 1. Ira kvvome, Suite 103, Ampow. COSTIM" 51611 O■eesaraw■IAirdwrAwydawar Too MUSISIS TOMM 0o6 AM AM MID/14)(11111— Dollift(U"'201).000-00 0 Awred is nom C06% clislaim Lots 7.6.9. "d to luck "P WIM's Addits" �k cwmtT al VIZUs. Stats, of C*Urado Less sol mcwt diet portleas as tow"W an Boad recor" Jemmy 4. Mll in "Ok 341 at Page U as Iscortlaw ft..,219494 sad turtbw Omeribed as fOLLMS A tract of Imad k"Imalft LM south Part Of Lots 7-8-9 NA 19, In &1mk 99 Isum's A"ItIms adjecoat to t" f A"Ca. $a" tract IJ&@ I" the SW 114 of the IS 1/4 of voct," 12. 7�omp I* mouth. Smalls 85 Vast of the SO P.M. mad U we" fully 6"cr3mw as fouvoul •"Jus"S at tho southeast Career of "I& Lot 10 stemas the southeast Cursor of tin Sr 1/4 of Bectim 12 becre W33, a. 192.73 foots tb@WA Worth 70 fast &UM the Wt lie of Lot 101 toous• ugst 100.0 Just to the wt Use of Lot 7; thecae "a% 11.39 lost alom. the -v"t lime of Lot 7 to t%o sowthm"t cowsor of Lot Ill obsess, S. 0 22'111 00-9 - 0 , '906t 91M the South "m of Into 7-11-9 and 10 to the poise of bealludso. 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I� rye an 47Z =. -521;2 i Ip 41'f ADJUSTASLE RATE RIDER THIS ADJUSTABLE RATS RIDER is wade this 712t day of Ae se , 19 , and is Incorporated into and shall-Be deemed to amen and saZewent the Mortgage, Deed of Trust or Security Deed (the 'Security Instrument') of the same date given by the undersigned (the 'Borrower') to secure borrower's Adjustable Rate Note (the 'Note) to UTS CITY MORTGAGE COMPANY AND /OR ASSIGNS (the 'Lender') of the same date and covuring the property described in the Security Instrument and located at, TO NOTE CONTAINS PROVISIONS ALLOWING PON CNANGN's IN THE INTERNET RATE AND TEN MDRMY PAYNIM. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Narrower and Lender further covenant and sgree as followns A. INT=MT RATE AND MONTHLY PAYMENT CEAIBES The Note provides for an initial interest rate of 11.75 S. The Note provides for changes in the interest rate and ifW—monthly payments, as follows: 'R• ,,Y•f 4. INTEREST RAT'S AND WORMY PAYMENT CNANGRSN . (A) CNANOE DRTRS The interest rate I will .pay may. change on the first day of SePteeber , 1945 i and on that day every tneroaxter. ch data on which my interest rate could e s Failed a 'Change Date.. (a) TEE INDEX Beginning with the first Change Date,-'my interest rate will be based on an Index. The 'Index' is the weekly average yield on United States Treasury securities adjusted to a constant maturity of a w , an made available by the Federal Reserve Board a —most recent Index Figure available as of the date 15 days before each Change Date is called the 'Current Index.' If the Index is no longer available, the Note Bolder will choose a now index which is based upon comparable information. The Note Molder will give on notice of this choice. (C) CALCULATION OF CNANGNS Before each Change Date, tube dote Holder will calculate my new Later ■t rate by adding one a Votes Ruw"ra percentage points ( .1.7 0) to the Curren ex. The Note Re or will then r.und the result of this addition to the nearest one- eighth of one percentage point (0.1250. This rounded, amount will be my new interest rate until the next Change Dato. M i, ; fI V on 471 F:F52:3 The Note Holder will then determine the amount of the monthly p.:yment that would be sufficient to repay the unpaid principal that I am expected to ove at,, the Change Date in full on the maturity date at my nett Interest rate in substantially equal payments. The result of lhis'lcalculation is called the -Pull Pay:.ent.• No adjustment to thivinterest rate on any Change. Date shall result in a new interest rate that in more than two percuntage points greater than the initial interest rate.fe a-. (D) bPPECTIVR DATE OF CRAMORS My now interest rata will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my mo -thly payment changes again. (S) NOTICb OP CRANOES The Not* Solder will deliver or mail to me a notice of any changes in my interest rate and the amount of y monthly payment I before the affective date of any change. ."bt ntice will include Information required by law to be given me and also the title and telephone numhor of a person who will answer any question I may have regarding the notice. (P) REQUIRED PULL PAYNCRT beginning with the first monthly payment-after the final Change Date, I will pay the Pull Payment as my monthly payment. *, b. TRANSFER OF TES PROPRRTY OR-A BEREFICIAL INTSRSST IE WanowER y Uniform Covenant 17 of the Security Instrument is amended to road as follows: ? 12ANSPER OF TER PROPERTY OR A BENEFICIAL INTEREST IN 30"ONSR. If all or any part of the Property.or any interest in it is sold or s transferred (or AY a beneficial interest in borrorar is sold or + tranafurred n.d borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this security Instrument. Nowever, this option shall not be exercised by Lender if exereiso is prohibited by federal Lev as of the data of this Security Instrument. render also shall not exercise this option if (a) borrower causes to be submitted to Leader information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee: and (b) Lender reasonably determines that Lender's security will not be 'impaired by the loan assumption and that the risk of a breach of 'any covenant or agrsoment in this Security Instrument is acceptable to Leader. To the extent permitted by applicable law, binder may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumptiva.agressent that is acceptable to Lander and that obligates the trnnafaroe to keep all the promises and agreosents made in the Note and in this Security instrument. borrowe-'s will continue to as, obligated under the Note and this Security Instrument unless Lender releases borrower in writing. ego adjustment to the iatr:est rata shall exceed S paratntaSe pints "or the initial interest rate err the term of the Soon. all �. t.r. a U •" f �k. y �J 472 If Lender exercises the option to require immediate payment in full, ',t:nder shall give Borrower nocice of.tcceleration. The notice shall provide a period of not lase than to days from the data the notice is delivered or failed within which Borrower must pay all sums secured by this Security Instrument. . If Borrower fail$ to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by thia Security Instrument without further notice or demand on Borrower. BY BIGNING PSLOR, Borrower accepts and agrees to the terms and covenants contained in this Adjustable hate ]cider. mVeW . ' (goal) J4 Albert NOW Jr. : !li Borrower �,e.. V 3ocrow z Lorrta Parses 0408 . ql /^\ i/%k 472 w525 V �� ^' UTt CITY MonTGAGS Co1MANY, INC. - : m TRAW- MROFLM N N THE STATE OF COLORADO- - ez V COUNTY OF PITKIN: z CD ca s KNC:' Y ALL MEN NY MESS PAEtEMI WNSIIEAS. W M_. 31st A■y d_ � °K .. A.D.. la__. John Albert Cdo■ Jr. And lathe Puraw Oda■ .. aM execute wM osr%M soon. dostrayd an blkwt: be M winds 200_000.00 Unit few, M M aad note watlwdGb Mallap Cayvry, APw, CSlorwo M wwTYP■Y■aay MarMra W4 wide said ■ In Y as eta WWdeatrlbN M awrblM Deed of Trua nsLVondby: Joha;Albett Oda■ Jr. sad larrie The+an Oda■ b Public Trustee, d_._ Eitki■ _cagw, Cao/wo. &ad earned by M OVAILTMI use imid" . " the MMwME dwpfbed kL et aI M Mw: swim" M M county a_ . y a *" «�' Ma Attatbad Exhibit NOW THRREFOM, NK�NeOwWW1ALLLaMON BY TTNBU■E PllitSWT■L ses M wMwaphed, M pay" ■w ■wrr bw haider Pound Pond M �t Mdrw�y7�WwraWldfa�fiasi E Lu 4iwefb■tMiwpW.rEwwd ■w wlrbN wwMrrNw b N M Own nPI d love M t tai i1rEiK T T_ ■ YwefacLO� � �+!' MIN. TronMV ■nd ■y wloMwt�Mp Ct Lw�aE■ end by MwNrheon and eadNM MTrLw�i Lw��wciidowMWAMw. —'-- __ftlleaw Is horeby SONY aid NreYeeeble elllaalNwed ow awwkod to efMww M aMlvw ww b do any end eon Mp hsasaavybC yo"Lsw, TraMwmw PAS".eW■eM. Citiie.~�■ I•ed1lbAididr%iwM b4 .ec�:iT.._..._. _ wwlOdblberb afewgw MN■11a. EKECUTEDTHIS ,... ]1r.CT— saYd_ AtIr ATTEST: If SAVYArr `� a THE STATE OF COLORADO Cmnm OF m pTKSF. . .. „� "0 1. St /•.% —, A.D.. U N da ya p auNhenry, A Navy PUW M dad for PNkM County, Oolwedo, w See day eb.:l Eloise un City Mdr% wa CaaPwy. Aavw, cawada, whose nma M alaerMN to M 1CIeShcns frtabumad, aid acimme"m b rid Eat PhNPaee And osaadaralasa Mran MWONW, w M aaa■ddaad a amid sorporoven . "'•. .�'' ar O11r�N UNMPI MY HAND AND SEAL OF OFFICE. ThIA ._ 3 .... —_ day MYCwvnletbn Fsplr q. NoMry 2 • ba. 00 AONau a M eooM 47"x - :s;�5� 2211 1311' Lots 7, 8,9. mod 10 block 99, Ballast's Addition County of Pitkin, State of Color. ^.do Less and except that portions as eonMed on Deed recorded January 4. 1979 in Book 561 at Page 12 as lscepti.m Mo. 210494 and further described as follow: f 5 A tract of lad beginning the mouth part of Lots 7,8,9 and 10, to Block 99, gallon's Addition adjacent to the City of Aspen. Said tract lies fu the .y SW 1/4 of the WE 1/4 of Section 12, Township 10 South, gouge 65 Want of the 6th P.M., and to more fully described as follows: Beginning at the southeast corner of said Lot 10 wheace the'soutbeast corner of the SW 1/4 of Section ,2 bears 89055'1. 192.75 fast; thence North 70 feet along the East line of lot 10; tbence Want 100.0 feet to the moat line of Lot 7; thence month 56.59 feet along the West line of Lot 7 to the southwest .,.:•. corner of Lot 7; thence S. 820221E. 100.90.. feet 'along the South line of Lots 7,8.9 and 10 to the point of beginning. limo t.. a I. CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429 -2780 DATE: August 25, 2008 PROJECT: Ritz, Aspen Highlands REPRESENTATIVE: Matt Butler DESCRIPTION: The Applicant is interested in adding T- Mobile antennae to the Ritz located in Aspen Highlands. This requires an Administrative review under the Wireless Telecommunication Service Facilities and Equipment section of the Land Use Code, see 26.575.130. If a variance from height is required, the Applicant cannot receive an Administrative approval, and must go to the Planning and Zoning Commission. New wireless facilities will also require a PUD Amendment. The Applicant must demonstrate that they qualify for an Insubstantial PUD Amendment to be reviewed administratively (otherwise the amendment is reviewed by the Planning and Zoning Commission). The applicant is required to submit proof of owner consent with the application, as the Applicant is not the owner of the Ritz. Responses to all review criteria in the code sections is also required. Land use applications can be found on the Community Development website at: http : / /www.aspenpitkin.com /depts /41 /main plannino.cfm. Relevant Land Use Code Section(s): 26.445.100.A Insubstantial Amendment of PUD development order 26.575.020.B Building Heights 26.575.130 Wireless Telecommunication Service Facilities and Equipment http:// www. aspenpitkin .com /depts /38 /citycode.cfm Review by: - Staff for complete application - Staff for approval of wireless devices - Staff for Insubstantial PUD Amendemnt Referral Agencies: None. Planning Fees: Planning Deposit for Staff Approval ($735) (note that a P&Z Application has a fee of $1,470) Referral Agency Fees: None Total Deposit: $735 (additional planning hours over deposit amount are billed at a rate of $245 /hour) To apply, submit the following information: ❑ Proof of ownership with payment. ❑ Signed fee agreement. • Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. • 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. • Total deposit for review of the application. • 3 Copies of the complete application packet and maps. HPC =12; PZ =10; CC = 7; Referral Agencies = 1 /ea.; Planning Staff =1 • An 81/2° by 11° vicinity map locating the parcel within the City of Aspen. • Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado, (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) • A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing • Copies of prior approvals. • 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 fornat easily convertible to Word is acceptable. • Applicants are advised that building plans will be required to meet the Intemational Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building - related and accessibility regulations. You may contact the Building Department at 920 -5090 for additional information. 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. Technology Associates ■ Technology Soluron Resuhs Memorandum To: Jessica Garrow From: Matt Butler Date: October 16, 2008 RE: T- Mobile DN4132D Aspen Ritz Lack of Ownership Document Jessica, LandAmerica title was unable to locate a vesting ownership deed for the common areas of the Ritz Aspen Highlands. Please let me know if you need anything else or have any questions. Thank you, Matt Butler Senior Project Manager Technology Associates International Corporation 9457 S. University #238 Highlands Ranch, CO 80126 (720) 939 -3144 ?�4B „;��t7lyQ�q�p��✓ Technology ASSOClaws lntemational Corporation 9457 S. University alvtl. #238 Highlands Ranch, CO 80126 w .talc.net Technology Associates Techrlotogy Sofolrom Rewhs October 16, 2008 RECEIVED Jessica Garrow UCT 17 2008 City of Aspen Community Development CITY OF ASPEN As penn , CO 81611 Galena Street 3' Floor COMMUNITY DEVELOPMENT 130 S. As RE: Proposed T- Mobile Rooftop Installation at 78 Prospector Road, Aspen, Colorado (T- Mobile: Aspen Ritz — DN4132D) Dear Jessica: Attached, please find a complete submittal for an Insubstantial Amendment of PUD to allow for a T- Mobile rooftop installation at the Aspen Highlands Ritz Trailhead Lodge at 78 Prospector Road. The proposed T- Mobile installation was designed because it benefits from a willing landlord, excellent elevation, and is free of obstructions that would impede the coverage objective of the Aspens Highlands area within the City of Aspen. T- Mobile is happy to propose chimney - mounted and painted -to -match antennas on the existing chimneys of Trailhead Lodge building. The antennas can be completed mounted to the bottom portion of the chimneys and will not require to breach the existing height of the building. The equipment support cabinets have been designed to be placed on the existing flat roof and behind the existing six foot parapet wall almost completely screening them from view from the surrounding area. Technology Associates International Corporation. 9457 S. University Blvd. #238 Highlands Ranch, CO 88126 w .nnc.net Technology Associates Technology Soluttom Resub The following are responses to the items set forth in the City of Aspen Land Use Code: 26.445.100.A INSUBSTANTIAL AMENDMENT OF PUD: 16.445.100.A.1 The proposed installation only impacts a nominal amount of the visible area of the Traithead Lodge and does not change the use or character of the building. 16.445.100.A.2 The proposed T- Mobile installation does not increase the footprint of the building.. 16.445.100.A.3 The T- Mobile installation will see on average of one trip per month for routine maintenance and will not impact any public facilities. 16.445.100.A.4 As mentioned above, the proposal will not impact the footprint, and subsequent open space, of the building. 16.445.100.A.5 No parking space or loading areas will be impacted by this proposal. 16.445.100.A.6 No streets are easements will be impacted by this proposal. 16.445.100.A.7 The antennas are proposed to be mounted on the existing chimneys on the building and the equipment will be located on the roof and will not require additions to the existing floor areas. 16.445.100.A.8 Not Applicable 16.445.100.A.9 The approval for the site as an upscale residential dwelling is not impacted by the proposal to add a small wireless facility on the roof. 26.575.020.11 BUIILDING HEIGHTS: 26.575.020.B The existing chimneys are 52 feet in height. The proposed antennas will be mounted approximately five feet from the top of the chimney and will not increase the structure height in any way. 26.575.130 WIRELESS TELECOMMUNICATIONS SERVICE FACILITIES AND EQUIPMENT: 26.575.130.A.1 The proposed installation has been designed to be integrated into the design of the building while protecting the aesthetics of the area. 26.575.130.A.2 The proposed installation will meet all Federal regulations with respect to emissions and environmental regulations. 26.575.130.A.3 As mentioned above, the antennas and equipment have been integrated into the design of the building to minimize the visual impacts of the proposal. 26.575.130.A.4 The proposed installation will vastly improve T- Mobile's data and voice coverage in the Aspen Highlands area. 26.575.130.A.5 The T- Mobile installation has been designed to minimize the area of use and allow for collocation by other carriers if necessary. 26.575.130.13 Accepted Technology Assoclates International CorporMOn 8667 S. Unlvenay Blvd. 9288 Highlands Ranch, CO 88126 anm.W1c."t Technology Associates Technology Soiuuons Resuhs 26.575.130.0 Accepted. This application has been designed to meet the requirements for an Insubstantial PUD amendment to allow for a rooftop CMRS installation 26.575.130.D A full set of drawings, including rooftop survey, and two photosimulations have been included for your review. 26.575.130.E.1 Not Applicable 26.575.130.E.2 This proposal is for the utilization of an existing structure to meet the goals of the code. 26.575.130.E.3 Accepted 26.575.130.E.4 Not Applicable 26.575.130.E.5 Not Applicable 26.575.130.E.6 Not Applicable 26.575.130.E.7 The collocation objective has been met as T- Mobile is proposing the use of the existing Trailhead Lodge building for their installation. 26.575.130.E.8 Accepted 26.575.130.E.9 Accepted 26.575.130.E.10 Accepted 26.575.130.F.1 No Setbacks are impacted by the T- Mobile proposal. 26.575.130.F.2 As mentioned above, the height of the antennas is approximately five feet below the existing height of the building. 26.575.130.F.3 As also mentioned above, the antennas will be painted to match the existing chimney and the support equipment will be screened behind the existing parapet. 26.575.130.F.4 Not Applicable 26.575.130.F.5 The equipment will be nearly completely screened by the existing parapet. A small portion will extend above the roof, but will be extremely hard to see from ground level. 26.575.130.F.6 The site will have small timed cut off lighting on the roof that will only operate while a technician accesses the site for maintenance. 26.575.130.E.7 T- Mobile technicians will utilize temporary parking when accessing the site for maintenance. If you need anything else or have any questions, please feel free to call me at (720) 939 -3144. Sincerely, Senior Project Manager Technology Associates International Corporation 9467 S. University Blvd. #238 Highlands Ranch, CO 80126 w .taic.net 1 vA +NOFReO 'ti2(. lit 53 73 75 Ism 1 ©!z �.�� ,:199 51 �.q r 202 200 79 .ti• O �. ✓, F`O /- /75 90o r/ 31 75. RN1g1410N.LN;�I ��w 31 • �.o It �6. 45 w 34-. \ ` Ir 9Y . STEINWAY ,'� '� , ♦r � 1 i • T -del 09 j^ 105. .. 57EEPlE�HA 105 WO .�► I ' � 738 i T- Mobile Site Name: Aspen Highlands Ritz T- Mobile Site Number: DNO4132D Existing View Proposed T- Mobile Antennas Proposed T- Mobile Cupola Mounted Antennas Y it ?f )j . Property d Zuma Consultants Inc. 7901 E. Lowry Blvd. Suite #300 Denver, CO 80230 (This photo simulation is for illustrative purposes only) T- Mobile Site Name: Aspen Highlands Ritz T- Mobile Site Number: DNO4132D Existing View Proposed T- Mobile Cupola Mounted Antennas XZuma Consultants Inc. Prop " or ( This photo simulation is for illustrative purposes only) -Mobile'* 7901 E. Lowry Blvd. Suite #300 Denver, CO 80230 Section 2.17 "Comimherchhl Owners` ratans Utose Uwners MComtiierciai Veils within time Project. Section 2.1 R 'Cnmmerci it" mcansa Unit designated with the prefix "C" on die Map zed having a commercial use, and not dieltestdential Units. Section 3.19 "Commpn_L- Iemcn.)t' means all of the Project, evicec the individual Air Space Units. and including. without limiting the generality of the foregoing. the following components: 2.19.1 '1 he Property, excluding improvements on the property unless specifically described in this subsection: 2 192 The Buildings (including, bra not by way of limitation. the foundations, enlwnnx. girders. beams. supports. perimeter and supporting %Nell%. nuhfs. fireplaces, ehfnutwys. flocs. chimney chases. patios, decks. balconies• mrrWars, lobbies, %estibules, entrances and exits: and the mechunical installations of the Hui (dines consisting of the equipment and materials making up mny central scry las such as power, light• gas, hot and cold water, sewer and hcatine which exist for use by one or more of the Owners, including the pipes. vents, ducts. flues, cable conduits, %cites, telephone wire and other stivillar utility installation: used in connection therewith and the areas designated on the %top ns including those installations: trash rooms and storage nxims: elevauns and stairs). except for the Individual Air Space Units: 2.19.3 Theplaras.} gods.% isms oaks. wa��weys. pnrkingareas .pmha.ct :us. +hnthhrn. trees. platters. drive%%ay>, rondo a)s. landscaping. gardens and related facilities upon the Property. 2.19.4 The pumps. tank:;, motors. tuns. storm drainage structures, compressors, ducts and, in general, all apparatus. installations and equipment of the Buildings existing for use of one or more of the Owncrs: and 2.14.5 In general. all other pans of the Project designated by Drclaraw as Common Elements and existing for the use of pite or more of the Owners 3j 'I he Owners of separate Unili'O$it nun the common Elements, each Owner of a Unit having an undivided interest in hie Common t fimcnt.s as provided he ow. Section 2.20 'Common Espensdsh moms and Inaudcs (lie folios,inc: '.2(11 Gspcnsc %ofmhninistruunr.. insurauc%, operation and mnnngemen(. repair or replacement of the Common I Icments except to the extent such repairs and replacements arc responsibilities of an O % %ncr as delincmed in Section 9.2 below: 220.2 Expcnses declared CommonExpenscfby the provisions: ofihis Decimation uf the hyln%s s of the Association: 230 3 Ali sums lawfully assessed against the Units b) tic Exeeulive Board: 2 204 iApenscs agreed upon as Common Expenses h% the manbers of the Association: and 1 111111 11111 111111 111111 11111 11111 11111 III 111111 111 IN 450454 01/12/2001 03.02P couDO OH DAVIS SILVI 13 of 147 R 735,00 0 0.00 N 0.00 PITKIN COUNTY c Wilk a copy to: I lines Itlgidands I incited pnnncrslntp 426 Bast `fain 5lrcet Axpon. Colorado RIG 1 1 All notices given in accordance with this Section shill be sent: (a) by personal delivery, which %bull he effective upon receipt: (b) by overnight courier service, which shall be effective one (I) business day fnllowingtimely deposit with tine courier service: or (c) regular; registered or cenifted mail. p•.sstaga prepaid, which shall he effective three (3) day %after deposit in the If S mail. Unless otherwise provided in writing by the Association or the Managing Agent. ail bills for common utility services shall be sent to the Cxccutke Board at the address designated in this Section. ARTICLE. 7. ASSOCIATION DUTIES Section 7.1 Asswinlin %a119=3XI)S.D11I1e 7 IA Subject to the rights and obligations of Declarnnt and other Owners as set Ibnh in this Ucclantion. the Association lhrvugh dle Executive Board shall le: ftsponsible for the administration and operation of the Project. for the exchnsivc matincmert. cgmrol..maint•mancc repair. rcpluuentent nod improwmcnl of dw General COMIPm+ Hlumcols (including fnciiitics. furnishings and equipment related lhercto). and shall keep the same in good. clean. attractive and snnitary condition, order and repair. 'I he expenses. costs and fees of such manngeoi operm ion. maintenance and rcpuir by the Acsochoirm shall be part of the Assessmvnts. and. subject m the l+ndget approval procedures of Section 8.6 hclow, prior upprovnl of the Owners shall not be required in Order f'or the Asseciluion In Pay env such expenses, costa and fees *1 lie Executive Bond. willi the approval of n Incivility of Commercial Directors and a majority of ReOi ential Directors, anti with the aoprolnl it( ilia Owners ropres'c sling a mnjorlty of the total vales entitled to be cast on Assncinlian mitten. in Intling n Ill of the toil vutax nlllv:atcd In the Rliidl'nliel (!apers and a ippicirily of the total % -peS allgeatcd tO the CMnmercial Uwners at a meeting of the owHCrc calla) loot Ihat pnrpnic. shall have the autl%'Aty In lease or Iieenw any Gencrnl Common Elements it, others fur all purposes permined in this 1%vinration and by applicable law: Provided. howo% or. that any xiteh lease or lirenxe 11,1111 require the lessee tit licensee to pay nil cons and expenses including costs of nmimenxnce, repair and replacement. resulting. from its use of such General Common Litintints. 7 1 2 the Residential Directors, on behalf of the Residential Owners. shall he responsible for the exdusice management. control, maintenano>, repair, replacement and improvement of the Limited Common Elements- Residential and ilia Limited Common Elements -Decd Restricted Residential. The Tourist Accommodation Directors. on hehAfot the Totuist .ecommodation owners. shall he responsible f v the exclusive management, control. maintenance. repair. replacement grid improrrmcnt M the I.in+i!ed Common I:Iemenn- Tourist Accommodation i -he expenses costs and fees ol'sud+ nnana ^e men I. operniion. in a inIunance and repair (i) oft he I.innied C.un!tnon [Icmcmx- Residential shall be pan oft he .Assessments to be paid b) the Itesidential 0,,nerc For such L.inuned Common Flcm ell ls- Residential, (ii) of the Limited Common flements-Tourist AaonunodaIion shall he part of the Assessments lobe paid by the I ourisl Accommodation Owners for such Limited Common Flencnis- Ibnrisl Accommodation- nnd'(iii) of the (.im it ca Common Elements- Deed Restricted Residential shall he pan of the Asscssnenu to be Paid M the Deed Ito strieed Ile We'll ill Owner for such L.imiled Common Illemerci -Decd Rcsirietcd Rccidcntialt and. suhicet to the bud:_m apprm it proccddres of Section P. 6 i 1111111111111111111111111111 IN 11011 III 1111 IIIII 1111 111 400404 01/1312001 03-02P CON00 DE DAVIS SILVI 32 31 of 147 R 737.00 0 0.00 N 0.00 PITKIN COUNTY C< LETTER OF AUTHORIZATION TO: City of Alpert RE: Application for woingPouilding permitting As the owner of the jampaty described below, the undasign0d dues hereby appoint T -Mobile USA, its agents and contmam, as amhmiwd mpleseemaives for the purpose of submining an application for the purpose orconsuooting a wimlass cotmmunicotbns site. The undersigned understands that the application may he denied, modifwl or approved with conditions; that such conditions or modifscmions must be complied with prior to issuemee of building permits; and that foul approval of any such application will require approval by the undetaigimd as the owner of the property described below and Ritz - Carlton Management Company, L.L.C. as the manager of said property. The undersigned does hereby malsorizo the employees of the City of Aspen to enter upon the subject property during normal business boom m tummaary to impea the property, rm the purpose of processing this application Primary Agent: 1-M94ilEH'wt Coroaai on sin, Togimulcuty rlsoc' -' I icrllalionn�^'^"'ation Ann: Matt But 9437 S Univmity 3L8 Ii' hty lends Ratrch CO BoO4 (720) 939 -3144 Located at: 133133 Ptur Road Ascam, CO 81611 Assessors Pa=l Number: 2735- 142 -13-002 Sigsuuae of Property Reprvwemalive: I 0 aiK: „kN/ -t $fbRAllrtit� Date rnae, a:Yres..ifsjau'// /JI /y�/� Cisx.B�.✓oe. She Area n:'r- Mobilc: DN41321) Semch Area Name: Aspen Ritz - Tmilhead Lodge D�10� -41� -D fl� +h�z File No: s PC0800259�6 Attorneys Title Guaranty Fund, Inc. COMMITMENT FOR TITLE INSURANCE SCHEDULE 1. Effective Date: December 17, 2007, 8:00 am Commitment Issued: December 18, 2007, 8:00 am Commihnem Revised: January 07, 2008 2. Policy (or Policies) to be issued: POLICY AMOUNT (a) ALTA OWNER'S POLICY Proposed Insured: (b) ALTA LOAN POLICY Proposed Insured: Proposed Borrower (c) Proposed Insured: 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date. by Aspen Highlands Condominium Association, Inc. 4. The land referred to in the Conunillnenl is described as follows: Common Area of Aspen Highlands Condominiums, according to the plat recorded Jaunary 11, 2001 in Plal Book 56 at Page 24 as Reception No. 450455 and according to the Condominium Declarations recorded January 11, 2001 as Reception No. 450454. Pitkin County, Colorado. For informational purposes only Attorneys Title Insurance Agency of Aspen, LLC James P. McDonald, AuthoriM 0111cer or Agent dLTA Can,mbmrm- S'rlrcAukA This commimanr is m, did .,,1111 the isswtn8 A ,,.ni,,,,s Ind Sehed.k A and H ue dlzhed. Uk2008 1. .. r File No: PCOR007596 Attorneys Title Guaranty Fund, inc. COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS Effective Date: December 17, 2007, 8:OOam The following requirements must be ❑lot (a) Pay the agreed amounts for the interest in the land and /or according to the mortgage to be insured. (b) Pay to the Title Company the premium, fees and charges for the policy, (c) Documents satisfactory to us creating the interest in the land and /or the morlgagc to he insured "lost he signed. delivered and recorded: THIS COMMITMENT IS FOR INFOMATIONAL PURPOSES ONLY. (d) YOU nu6t let us in writing the name of anyone not referred to in this coin mimment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. Note: if the sales price of the subject property exceeds 5100.000.00 the seller shall he required o compll• with lire disclosure h f withholding provisions of CRS 39.22.604. S (Nan- resi(jent withholding). Nile: Effective September /, 1997, CRS J0- 10-406 requires that all documents received for recording ar filing in (lie Clerk and Recorder's office shall contain a tap margin afar least one inch and a left marghr of of least one -half inch. The Clerk unit Recorder may refuse In record or file any dacument that does not conform. Now All conveyances Needs) subject to the documentary fee submitted to the Clerk and Recorderfor recording anuse he accoutpenied br a Real properly Transfer Declaration. This declaration "rust be cnmpletert lout signed by the granor (seller) or grantee (buyer), pursuant nn CRS J9 -14- 102(1)("). None: Every title entity shall he responsible for all mutters which appear of record to the lime of recording wheneier rile title insurance company, or its agar, conducts the closing and settlement service that is in conjunction with its Issuance of owner's policy of rifle insurance and is responsible for recording or firing of legal documena resuhing from the transaction %,Inch ryas closed. " ALTA Caumivam- 5r /xwde 8- SeremnI This eomminem n i.IWU ats the insuring Rovninra and Sc Ulc A aria 8 wr niuMd 11711WAR Pile No: PCO8002596 Attorneys Title Guaranty Fund, Inc. COMMITMENT FOR TITLE INSURANCE SCHEDULE R - SECTION 11 EXCEPTIONS Effective Date: December 17,2007, 8:00am Any policy eve issue will have the following exceptions unless they arc taken care of to our satisfaction. 1. Rights or claims of parties in possession not shown by the public records. 2. Easements or claims of casements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection oft he premises would disclose and which are not shown by the public records. i. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, Imposed by law and not shown by the public records. S. Defects, liens, encumbrances, adverse claims or Nher matters, if any, created, first Appearing in the public records or attaching subsequent to the effective date hereof but prior to The dale the proposrd insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or parable and special assessments not yet oenifred to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil comers Alton or other district or inclusion in any water service or street improvement area. 10. Unpmented mining claims, water rights. claims or title to water. 11. Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the sumo be found to penetrate or intersect the subject property as reserved in the United States Patent recorded Jnnoury 19, 1892, in Book Mat Page 20 and recorded April 7, 1903 in Book 55 at Page 507.. 12. Right of a proprietor of a vein or lode to extract and remove his ore therefro m should the same he found to penetrate or intersect the subject property as reserved in the United States Patent recorded ,tune 25. 1957, in Book 181 at Page 506.. 13. Terms, conditions, obligations and provisions as contained in Deed recorded June 10, 1960 in Book 191 at Page 15 and recorded September 18, 1961 in Book 195 at Page 231. Al. rAfrw.Onrenr- Schedule a- &rllm, l/ Thir cammilm[nl 6 in, lid unless its[ inw,ins 1170MA rmeisians and Schedule A and A u[ anach[d . [ File No: PC08002596 ,14. Terms, conditions, obligations and provisions As contained in Resolution No. 97-167 recorded September 30, 1998 as Reception No. 422629 and Resolution No. 39 (Series of 1998) recorded October 5, 1998 as Reception No. 422779 and Resolution No. 98.79 recorded October 15, 1998 As Reception No. 423268. 45. Terms, conditions, obligations and provisions as contained in Agreement recorded April 28, 1981 in Book 407 at Page 648 and Assignments thereof recorded December 13, 1993 in Book 734 at Page 685 and Recorded December 13, 1993 in Book 734 at Page 848. Terms, conditions, obligations and provisions as contained in Order of Inclusion in Aspen Consolidated Sanitation District recorded December 9, 1997 as Reception No. 411462. of 7l. Terns, conditions, obligations and provisions as contained in Special Covenants, Conditions and Restrictions recorded October 27,1997 as Reception No. 409939. Of. Terms, conditions, obligations and provisions as contained in Easement Agreement (Block D) recorded October 15, 1998 as Reception No. 423258. -1i File No: PC08002596 ✓t7. Terms, conditions, obligations and provisions as contained In Detailed Submission Plan recorded October 15, 1998 as Reception No. 423269 anti set forth on The Detailed Submission Plan Maps recorded October 15, 1998 in Plat Book 46 at Page 44. L& Easements, rights of way and other matters as set forth on the Plat of Aspen Highlands Village POD recorded October I5, 1998 in Plat Book 47 at Page 1 and us shown on The Supplemental Plat recorded September 28. 1999 in Plat Book 51 at Page 41 as Reception No. 436003. Terms, conditions, obligations and provisions as contained in a Deed recorded October 15, 1998 as Reception No. 423281. 130�Terms, conditions, obligations and provisions as contained in City of Aspen, Easement Agreement (Maroon Creek Pipeline) recorded October 15, 1998 as Reception No. 423282 Jj Terms, conditions, obligations and provisions as contained In trench, conduit and vault agreement recorded January 11, 1999 as Reception No. 426421. -WITerms, conditions, obligations and provisions as contained in Resolution No. 99 -127 recorded August 12, 1999 as Reception No. 434364 and rerecorded August 30, 1999 as Reception No. 435034. (,JS. Terms, conditions, obligations and provisions as contained in Successor Designation recorded September 30, 1999 as Reception No. 436130. 04!Terms, conditions. obligations and provisions as contained in Ordinance No. 8 (Series of 2000) recorded May 1, 2000 as Reception No. 442835. ✓J5. Easements, rights of way and other matters as set forth on the Plat of Aspen Highlands Village P.O.D. Annexation No. 1 Plat recorded May 1, 2000 in Plat Book 53 at Page 13. ,36. Terms, conditions, obligations and provisions as contained in Memorandum, Regarding /High School Lift Towers recorded August 30. 2000 as Reception No. 446537. i/!7. Terms. conditions, obligations and provisions as contained in Grant of Easement recordal November 20, 2000 as Reception No. 448998. 78. Terms, condiliIts, obligaIions and provisions as contained in Ordinance No. 35, (Series of 12000) recorded November 28, 2000 as Reception No. 449206. v1Y. Terms, conditions, obligations and provisions as contained in Ordinance No. 36, Series of /2000 recorded November 28, 2000 as Reception No. 449207. (A(1. Terms, conditions, obligations and provisions as contained in Dedication and Assumption Easement Agreement recorded December 13, 2000 as Reception No. 449654. dLTA nis mmmilmrnl is invd id ankh the inm,ing 1114068 rturi.iimc,md Schcdulc A and a arc .1wk d. I A' ,n\ Pile No: PCOR002596 41. Easements, rights of way and other matters asset forth on the Plat of Aspen Highlands Condominiums, a Colorado Common Interest Condominium recorded January 11, 2001 in Pint Rook 56 at Page 24 as Reception No. 450455.\ 42. Terms, conditions, obligations and provisions as contained in The Declaration of Condominum For Aspen Highlands Condominiums, Aspen Highlands Village and City of Aspen recorded Janaury 11, 1001 as Reception No. 450454 and Amended July 2, 2001 as Reception No. 456026 and Amended October 9, 2001 as Reception No. 459556. 43. Terms, conditions, obligations and provisions as contained in Central Plant Agreement recorded January 17, 2001 as Reception No. 450594. 44. Terms, conditions, obligations and provisions as contained in Covenant and Notice recorded February g, 2001 as Reception No. 451327. THIS COMMITMENT IS FOR INFORMATIONAL PURPOSES ONLY. AL rd Corn,nlrmr,n- sdvdulr II- Srcr1on 11 This tnn,mihmrs is undid unnn mr inw,inr Rn, ithns and Sthedult A and if art cot ,d. 1174109 AMENDED AND RESTATED BYLAWS OF ASPEN MGM ANDS CONDOMIN U M ASSOCIATION, INC. a nonprofit corporation under the laws of the Sine of Colorado The following constitute the Amended and Restated Bylaws of ASPEN HIGHLANDS CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation (the "Association') as adopted by the Executive Board effective October 2, 2001. ARTICLE 1 PURPOSES, ASSENT OF MEMBERS, AND DEFINITIONS Section 1.1 P}ItpM44. The primary purposes for which the Association is organized is to auewge, administer, operate and maintain Aspen Highlands Condominiums (the "Candoanmhmd) to be located on and within Lots 4 and 8, Supplanaaal Phil for Block D, Aspen Highlands Village P.U.D., Min County, Colorado according to the Plat thereof filed with the Cleric and Recorder of Pitcin County, Colorado on September 28, 1999, at Plat Book 51, Page 41, Reception Number 436003. The Condominium will be crex0ed by and in accordance with the Declaration of Condominium (the *Declaration") and the condominium map to be filed in the records of the Clark and Recorder of Pitkia County, Colorado. At the option of the Declarant, the Condominium may be expanded to include ].cat 2, Suppkmwtal Plat for Block D, Aspen Highlands Village P.U.D., Pilkin County, Colorado, in which case dome Bylaws stall thereupon apply and owners of interests therein shall automatically be mambas of the Association. The purposes of the Association are also (i) to preserve, protect and enhance the value and amenities of the Condominium; (ii) to promote the health, safety and welfare of the Owners of Units and Fractional Ownership liamests (ooliectivey, the "Owners") in the Condominium; and, (iii) to provide for the cue and enjoyment of the Condominium by the Owners, all in accordance with the Decimation mad the Association Documents, the Colorado Camhman Interest Ownership Act and the Colorado Revised Nonprofit Corporation Act, each as amended, revised or supplemented from time to time. Section 1.2 A All present or fuuue Owners, guests, tanants, or any other persons using the facilities of the Project in any manner hue subject to these Bylaws and any rules adopted by the Executive Board pursuant to than Bylaws The rice acquisition, renal or use of any of the Units or Fractional Ownership Interests within the Project or the nee act of occupancy or possession of any of those Units or Factional Ownership INaeers shall constitute an acceptance and ratification of these Bylaws and an agreement to comply with said rules. Section 13 Defigmms. Unless otherwise specified, capitalized terms used in these Bylaws shall have the same meanings in these Bylaws as such hams have in the Declaration and the Articles of Incorporation of the Association. Page I Byls s AIVA (AoMeW 0Q32001 chi Rs 306 u.,f Board shall not be relieved of its responsibilities under the Declaration. A Management Agreement entered into by the Executive Board may only be terminated by the Executive Board by a majority vote thereof, including the approval of a majority of the Commercial Directors and ■ majority of the Rasidential Diecum and a vote of Owners representing sixty percent (60%) or more of the total number of votes entitled to be east on Association matters. Section 4.1 b Directors shall not be paid any compensation for their services performed as such Directors unless a resolution amhonzing such remuneration shall have been adopted by the Association and approved by the members thereof. Each member of the Executive Bond shall receive reimbursement for reasonable transportation, meals, and lodging expenses for attendsom at any regular or special meeting of the Executive Board or any Class or Category of Directors or for other actual expenses incurred in connection with the performance of the duties as a member of the Executive Board. Section 4.19 Once . Regular and special meetings of the Board shall be open to all members of do Association provided, however, that members who art not on the Executive Board may not participate in soy del0rcrmion or discussion mlesc expressly so authorized by the vote of a majority of a quonun of the Executive Board. The Execrnive Board nay, with the approval of a majority of a quawn of the Diteemes, adjourn a meeting and reconvene in executive session to discuss and vote upen the following limited matters: (a) mntaa pertaining to employees of the Association or involving the employment, promotion, discipline, or dismissal of an officer, agent, or employee of the Association; (b) conmltatimnx with legal counsel concerning disputes that are the subject of pending or imminent cost proceedings or matters that are privileged or confidential between monkey sad client; (o) investigative proceedings, c nc omiug passible or actual criminal misconduct, (d) matters subject to specific eonstindionm, starve ry, or judicially imposed requirements p mu=tmg particular proceedings or matters from public disclosure; or (e) my matter die disclosure of which would axutitmte an unwarranted invasion of individual privacy. The nature of any and all business to be considered in executive session shall fist be announced in open session. Section 420 Minutes end Policies The Executive Board shall have the power and duty to (i) make a copy of the written minutes of any meeting of the Executive Board available at the business office of the Association for all Members within sixty (60) days after the adjournment of such meeting and (ii) provide each Owner within sixty (60) days prior to the beginning of each fiscal yew, a statement of the Association's policies and practices relative to the enforcement of its remedies against Owners for defmks in the payment of my amounts due to the Association, inchudimg, without limitation, the recording and foreclosing of liens against Fractional Ownership Interests ARTICLE S OFFICERS AND TM EDt DITTIES Section 5.1 Enttmcmdoa of Officers. The officers of the Association shall be a President, Vice - President, Secretary, Treasurer and such other officers as the Executive Board may from time to time by resolution owe. The President must be a member of Executive Board. Section 52 Ern of Officers. The election of officers shall take place at the first meeting of the Executive Board and thereafter at the fuel meeting of the Executive Board following each annual Pax 16 byl. AHCA (AftcoM) OW2001 da moding of the members. The action of the Executive I Board in electing officer (accept during - the Declarant Control Period) shall mgaue, in m MWM to tbe; approval of a majority of voting Directors, the approval of a majority of each of the Residential Directors mad the Commercial Directors. Section 5.3 TTx The officers of the Associstitm shall be elected annually by the Executive Board and each dull hold office for one year unless such officer shall sooner resign, or shall be removed or otherwise disqualified to serve. Section 5.4 SDGCW poWeVIIIIIII& The Executive Board, with the approval of a majority of each of the Residential Directors and the Commercial Directors, may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such audwrity, and perform such duties as the Executive Board may fiom time to time determine. Section 5.5 Ration aM Removal. Any officer may be removed from office with or without cause by a majority of voting Directors of the Executive Board, including the m8 approval n t majority of each of the Residential Directors and the Commercial Direcaos s. Any officer may resign at any time by giving written notice to the Executive Board or the President. such reeigrution shall take et'%ct an the due of receipt of such notice or at any Inter time specified therein, and unless otherwise specified therein, the acceptance of such resigrutie shall mot be necessary to nuke it effective. Section 5.6 Vecmoies1 A vacancy in any office may be filled by appointment by the Executive Board, with the approval Of a majority of each of the Residential Directors and the Commercial Directors. The officer appointed to such vacancy shall serve for the remainder of the ram of One offrcar he replacm. Section 5.7 -QJTrJm. 'pre same person may hold two offices, not i compatible; provided, however, that the olFces of dent and v' duties t be which we President rrx- president shall not ba bedd by the same person, nor shall the offices of president and secretary be held by the same person. Section 5.8 Duties. The duties of the officers are as follows: 5.8.1 Pmt The President shall: Preside at all mcc ings designated for all Association members and the Executive Board; see that orders and resolutions of We Executive Board me carried out sign all kases, mortgages, deeds; and other written instruments aign all promissory notes; and exercise and discharge such other duties as may be required of the President by the Execotive Board. 5.8.2 Vieo-Aeaidermt The Vice - President shall: preside at the meetings; no in the Place and stead of the President in the event of his absence, inability, or refusal to act and exercise and discharge such other duties as may be required of rho V ierpmsidern by the Executive Board. 5.8.3 , 'the Secretary shall; record the votes and keep the minutes of all meetings and proceedings of the Executive Board and the Association; keep the original Association Documents, keep originals or copies of all contracts, leases, agreements and'imstrumerms to which the Association is a party; keep the corporate stamp or seal of the Association and place it on all papers requiring said stamp or seal; serve notice of meetings of the Executive Board and/or Classes or Categories Of Directors and of the members; keep appropriate current records showing the members of the Page 17 Bylms- AHCA(Amman 0923ZWI cln 307 Jennifer Phelan From: Matt Butler [mbutler @taic.net] Sent: Friday, November 07, 2008 4:57 PM To: Jennifer Phelan Subject: RE: You should see the drawings on Monday via FedEx. The drawings have the address corrected and are scalable. I would like to ask one favor and that you review the application subject to the owner approval being provided before final approval. The LOA you have is from the president of the HOA. If you need more detail, it will have to wait to be provided after the individual owners, who are scattered throughout the country, have their next meeting on 12/1. If you need anything else, please let me know. Have a nice weekend, Matt Matt Butler Senior Project Manager Technology Associates International Corporation 9457 S. University Blvd. #238 Highlands Ranch, CO 80126 (720) 939 -3144 (720) 228 -2264 Fax taic.net - - - -- Original Message---- - From: Matt Butler [mailto:mbutler@taic.net] Sent: Wednesday, November 05, 2008 3:05 PM To: 'Jennifer Phelan' Subject: RE: The scalable drawings are on their way. The owner documentation is on its way from the Ritz and I will get it to you ASAP. 0 Matt Butler Senior Project Manager Technology Associates International Corporation 9457 S. University Blvd. #238 Highlands Ranch, CO 80126 (720) 939 -3144 (720) 228 -2264 Fax taic.net - Original Message---- - From: Jennifer Phelan [ mailto: Jennifer.Phelan @ci.aspen.co.us] Sent: Monday, November 03, 2008 3:11 PM To: mbutler@taic.net Subject: FW: Attached is the snail mail copy you requested. Jennifer Phelan, AICP ,-1 Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspennitkin.com - - - -- Original Message---- - From: Jennifer [mailto:jennifep @ci.aspen.co.us] Sent: Monday, November 03, 2008 1:16 PM To: Jennifer Phelan Subject: This E -mail was sent from "RNPB6141E" (Aficio MP 7500). Scan Date: 11.03.2008 15:16:06 ( -0500) z .-. w Jennifer Phelan From: Matt Butler [mbutler @taic.net] Sent: Tuesday, November 25, 2008 12:52 PM To: Jennifer Phelan Subject: RE: Attachments: Aspen - Bylaws.pdf Attached is the bi -law that allows the board to enter into the zoning know if you need anything else. MB Matt Butler Senior Project Manager Technology Associates International Corporation 9457 S. University Blvd. #238 Highlands Ranch, CO 80126 (720) 939 -3144 (720) 228 -2264 Fax taic.net - - - -- Original Message---- - From: Jennifer Phelan ( mailto: Jennifer.Phelan @ci.aspen.co.us] Sent: Wednesday, November 19, 2008 10:39 AM To: mbutler @taic.net Subject: RE: Please let me Matt: We need a complete application before the application will be reviewed. You still have not provided the right to apply documentation. The requirement that needs to be met is copied below. A letter from representatives of the Ritz does not verify that the Ritz can apply for the land use application as I do not have verification of ownership from a title company or licensed CO attorney. "A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a title insurance company or attorney licensed to practice in the state, 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." Looking forward to receiving the additional material, Jennifer Jennifer Phelan, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com - - - -- original Message---- - From: Matt Butler [mailto:mbutler @taic.net] Sent: Tuesday, November 18, 2008 9:54 PM To: Jennifer Phelan 1 Subject: RE: How are we looking on the plans review? MB Matt Butler Senior Project Manager Technology Associates International Corporation 9457 S. University Blvd. #238 Highlands Ranch, CO 80126 (720) 939 -3144 (720) 228 -2264 Fax taic.net - - - -- Original Message---- - From: Jennifer Phelan [ mailto: Jennifer.Phelan@ci.aspen.co.us] Sent: Wednesday, November 12, 2008 5:46 PM To: mbutler ®taic.net Subject: RE: .. Matt: I received your drawings. I want to be clear in that all of the drawings and photo simulations APPEAR TO BE FOR THE BUILDING COMMONLY KNOWN AS 133 Prospector. Please clarify which building in that area will be getting the wireless. Here is a link to GISMO which may help you determine which building is the subject building. http: / /www.aspenpitkin.com /depts /46/ Does the president of the HOA have the autliority to act on behalf of the individual owners? Jennifer Phelan, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com - - - -- Original Message---- - From: Matt Butler [mailto:mbutler @ taic.net] Sent: Friday, November 07, 2008 4:57 PM To: Jennifer Phelan Subject: RE: You should see the drawings on Monday via FedEx. The drawings have the address corrected and are scalable. I would like to ask one favor and that you review the application subject to the owner approval being provided before final approval. The LOA you have is from the president of the HOA. If you need more detail, it will have to wait to be provided after the individual owners, who are scattered throughout the country, have their next meeting on 12/1. If you need anything else, please let me know. 2 Have a nice weekend, Matt Matt Butler Senior Project Manager Technology Associates International Corporation 9457 S. University Blvd. #238 Highlands Ranch, CO 80126 (720) 939 -3144 (720) 228 -2264 Fax taic.net - - - -- Original Message---- - From: Matt Butler [mailto:mbutler @ taic.net] Sent: Wednesday, November 05, 2008 3:05 PM To: 'Jennifer Phelan' Subject: RE: The scalable drawings are on their way. The owner documentation is on its way from the Ritz and I will get it to you ASAP. MB Matt Butler Senior Project Manager Technology Associates International Corporation 9457 S. University Blvd. #238 Highlands Ranch, CO 80126 (720) 939 -3144 (720) 228 -2264 Fax taic.net -- Original Message---- - From: Jennifer Phelan [ mailto: Jennifer.Phelan @ci.aspen.co.us] Sent: Monday, November 03, 2008 3:11 PM To: mbutler @taic.net Subject: FW: Attached is the snail mail copy you requested. Jennifer Phelan, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com - - - -- Original Message---- - From: Jennifer [ mailto:jennifep @ci.aspen.co.us] Sent: Monday, November 03, 2008 1:16 PM To: Jennifer Phelan Subject: This E -mail was sent from "RNPB6141E" (A£icio MP 7500). Scan Date: 11.03.2008 15:16:06 ( -0500) 3 AVW- AMENDED AND RESTATED BYLAWS OF ASPEN 1HCJH ANDS CONDOMINIOM ASSOCIATION, 114C. corporation under the laws foftthe Stow of Colorado The following conatibNe the Amended and Rooted Bylaws of ASPEN 1UGHLANDS CONDOMMUM ASSOCIATION, INC., a Colorado nonprofit corporntam (the "Assm dice') as adopted by rho Executive Board dketive October 2, 2001. ARTICLE 1 PURPOSES, ASSENT OF MEMBERS. AND DEF11 MONS Sco ice 1.1 The primary purposes for which the Associadaa is organized IS to mmgg0. adminislar, operate and maintain Aspect highlands CoodOmmmms (the "Codomio9um') to be begird on and wimin Lou 4 and 14 Supplemental Plot for Block D, Aspen Highhmds Village P.U.D., pitlkm Canty, Colorado according to the Plat thereof filed with the Clak and Recorder of PWda County, Colorado on September 2E, 1999, at Plot Book 51, Page 41, Reception Number 436003. The Condominium will be aaeatsd by snd in accordance with the Declaration of Condominium (the 'Dacitatim") sad the condominium map to be filed in the records of the Clerk and Recorder of Min County, Colorado. At the option of do DecLrant, the Condominium may be expanded to include Lot 2, Seppbmamtal Plat for Block D, Asp® Highlands Village PtUD., Pidkm Canty. Colorado, in which woe these Bylaws shall thereupon apply and owners of iaererrs thereto shall arsotnatically be mambas of the Associarioa The purposes of the Association are 990 (1) to PMMVC, protect and enhance the value and amenities of die Condominium; (ii) to promote the health, safety and welfare of the Owners of Units and Fractional Ownership Interests (collectively, the "Owners') in the Condominium; and, (iii) to provide for the use and enjoyment of the Coodamininm by the Owners, all in accordance with to Declaration and the Association Douce, the Colorado Common WWcat Ownership Act and the Colorado Revised Nonprofit Corporation Act, each as amended, revised or supplemented from time to time. Section 12 A All present or figure Owners, guests, toraents, or any other persons using the facilities of the Project in any mstmer are subject to these Bylaws and any rules adopted by the Executive Bond pueso mt to these Bylaws. The ruse acquiskia4 rental or use of any of the Units or Fractional Ownership interests within the Project or the more act of occupancy or possession of any of those lhkits or Fractional Ownership Ids shrill oaestitute an acceptance and ratification of these Bylaws and an agreerncmt to comply with said rules. Sectim 13 RAfin g4!>g• Unless otherwise specified, capitalized terms used in these Bylaws shall have the same meanings in these Bylaws as such terms have in the Declaration and the Articles of ineapoation of the Association. Page I DyUn AHCA(Amm" 09EMI cb 291 306 Board shall not be relieved of its responsibilities under the Declaration. A Management AVacrecut entered into by the Executive Board may only be terminated by the Executive Board by a majority vote thereof, including the approval of A majority of the Commercial Directors and ■ majority of the Residential Direct ors, and a vote of Owners representing sixty percent (60%) or more of the total number of votes entitled to be cast on Association matters. Section 4.1 g pin ors' Cao Directors shall not be paid any compensation for their services performed as such Directors unless a resolution auduorWag such moor ncration shall have been adopted by the Association and approved by the members thereof. Each member of the Executive Board shall receive reimbursement for reasonable transportation, meals, and lodging expawas for anendmce at any regular or special meeting of the Executive Board or any Class or Category of Directors or for other actual expenses incurred in connection with the performance of the duties as a member of the Executive Board Section 4.19 Oneo §W=. Regular and special meetings of the Board shall be open to all members of the Association provided, however, that members who am no on the Executive Board may not participate in any deliberation or discussion unless expressly so mgborimd by the vote of a majority of a quorum of the Executive Board. The Exaamiiia Board may, with the approval of a majority of a quorum of the Directors, adjourn a meeting mad reconvene in executive session to discuss and vote npoo the following limited matters: (a) matters pertaining to employees of the Association or involving the employment, promotion, discipline, or dismissal of an officer, agem, or employee of the Association; (b) consultation with legal coumeel concerning disputes that are the subject of bending or tmminmt court proeeediegs or matters that are privileged or confidential between attorney and Client; (c) investigative Proceedings coocam mg Possible or actual Criminal misconduct: (d) matters subject to specific constitutional, statutory, or judieiWly imposed re*dFc1naru1s proteaiug particular proceedings or matters from public disclosure; or (e) my matter the disclosure of which would Constmne an unwanwftd invasion of individual privacy_ The nature of any and all business to be considered in executive session shall first be announced in open session Section 420 woes and Policies. The Executive Board shall have the power and duty to (i) make a copy of the written mirames of any meeting of the Executive Board available at the business office: of the Association for all Members within sixty (60) days after the adjournment of such meeting AM (ii) Provide each Owner within sixty (60) days prior to the beginning of each fiscal year, a statement of the Association's policies and practices relative to the enforcement of its remedies against Owners for defaults in the Payment of my amounts due to the Association, including, without limitation, the rcoonling and foreclosing of liens against Fractional Ownership interests ARTICLE S OFFICERS AND THEM DUTIES Section 5.1 Enumarstion of Officers. The officers of the Association shall be a Pnswent, Vice- President, Secretary, Treasurer and such other officers as the Executive Board may from time to time by resolution create. The President must be a member of the Executive Board. Section 5.2 Election of Offeuxxs_ The election of officers shall take place at the first meeting of the Executive Board and thenealker at the fast meeting of the Executive Board following each annual Page 16 BylstwAHCA (Aar) OW7001 d, meeting of the members. The action of the Executive Board in electing officers (except during'dw DwAwmt Control Period) shall tagrink is additaa to taro approval of a majority of voting Diroetws, the approval of a majority of each of the Residetial Directors and the Commercial Directors Section 53 Tom. T110 offices of the Association shall be elected amorally by the Executive Bond and each shall bold office for axe year unless such officer shall socow resign, or shall be removed or otherwise disqualified to serve. Section 5.4 SpccW AppointrucW& 710 Executive Board, with the appovd of a majority of each of the Residential Directors and the Commercial Directors, may elect such other offices as the affairs of the Association may require, each of whom shall hold office for such pariod, have such autbrity, and perform such duties as the Executive Board may hnm time to time determin& Section 5.5 ResimMion sad Remw�l Any officer tray be removed horn office with or without cause by a majority of voting Directors of the Executive Board, including the approval of a mtyority of each of the Residential Directors end the Commercial Directors. Any office may rasig h At any time by giving written notice to due Executive Board or the President Such resignation shall take effect on the date of receipt of such notice or at any latex time specified tlheeK and axles: otherwise specified therein, the acceptance of such "=V tion shall not be necessary to make it effective. Section 5.6 Veer. A vacancy in any office may be filled by appointment by the Executive Board, with the apprroval o� vacancy shall serve Residential remainder of the the arm of to Directors. The officer appointed the officer be replaces. Section 5.7 htdoRkgrWal, Mw same person may hold two offices, the duties of which are not incompatible; provided. however, that the offices of president and vieapresidet shall not be bald by the same person„ nor shall the offices of president and secretary be held by the same person. Section 5.8 Duties 710 duties of the offices are as follows: 5.8.1 P 'fhe President shall: preside at all meetings designated for all Association members and the Executive Board; see that orders and resotutions of the Executive Board are carried our sign all teeaes, mortgages, deeds, and otter written instruments; sign all promissory notes; and exercise and discharge such other duties as may be nnpuited of the President by the Executive Board. 5.82 Viq&JM idmt 710 Vice-President shall: preside at the meetings; act is the place and stead of the President can the event of his absence, inability, or refund to Scar Bad exercise and discharge such other duties as may be required of the Vice-President by the Exective Board. 5.8-3 Secratur. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Executive Board and the Association; keep the original Association Documents: keep originals or copies of all contracts, leases, agreements and instruments to which the Association is a party; keep the cotporate stamp or seal of the Association and place it on all papers requiting said stamp or seal; save notice of meetings of the Executive Board and/or Classes or Categories of Directors and of die members; keep approprute current records showing the members of the Page 17 Bylwa-AHCA VMwdrd) "22001 ch, 307 R EPTION #: 555684, 01114/2009 at 4 0:02 AM, NOTICE OF APPROVAL i OF 20. R $101.00 Doc Code PUD Janice K. Vos Caudill, Pitkin County, CO For an Insubstantial PUD Amendment, Wireless Telecommunication Service Facilities/ Equipments Review and 8040 Greenline Exemption to Aspen Highlands Village, 78 Prospector Rd., Block D Parcel No.: 273514213702 APPLICANT: REPRESENTATIVE: SUBJECT & SITE OF AMENDMENT: SUMMARY: I T- Mobile /Aspen Highlands Ritz Carlton Matt Butler 9457 S. University #238 Highlands Ranch, CO 80126 Aspen Highlands PUD 78 Prospector Rd., Aspen, CO 81611 The applicant has requested an Insubstantial PUD Amendment, Wireless Telecommunication Service Facilities / Equipments review and 8040 Greenline Exemption to the Aspen Highlands Village PUD to install wireless telecommunication facilities and equipment on the roof of the building, commonly known as 78 Prospector Road. Ordinance No. 36 (Series of 2000) approved the final PUD for the Aspen Highlands Village. The site has several zoning designations: Conservation (CZ, Moderate Density Residential (R -15), Low Density Residential (R -30), Residential Multi- Family (RMF) and Ski Area Base (SKI). The proposed amendment will not alter the approved PUb. The equipment will not change the existing height of the building, located in the SKI district, as the equipment is proposed to be located on the roof. REVIEW PROCEDEURE: Wireless Telecommunication Service Facilities and Equipments Review: The Community Development Director may approve, approve with conditions, or disapprove an application pursuant to section 26.575.130 of the Land Use Code. Insubstantial PUD Amendment: Insubstantial amendments to an approved PUD may be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.445.100(A) of the Land Use Code. 8040 Greenline Review: The provisions of 8040 Greenline review shall apply to all development located at or above 8040 feet above mean sea level (the 8040 Greenline) in the City and all development within one hundred fifty (150) feet below, as measured horizontally, the 8040 Greenline, unless exempted pursuant to Subsection 26.435.030.B.. STAFF EVALUATIONS: Staff feels that the review criteria have been met fpr+ e Insubstantial PUD Amendment, the Wireless Telecommunications Service Facilities / Equipment Review and the 8040 Greenline Review Exemption to install wireless telecommunication facilities on the roof of the Aspen Highlands. The proposed equipment will not impact or change the PUD. The Wireless Telecommunications Services and Equipment review criteria are generally met as the equipment is shielded from view as much as possible with a rooftop application, and the 8040 Greenline Exemption is valid as there are no changes to the physical site. 0 DECISION: The Community Development Director finds the requested antennas to be consistent with the Insubstantial PUD Amendment, the Wireless Telecommunication Service Facilities / Equipment Review and the 8040 Greenline Review Exemption to install the antennas and thereby APPROVES the amendment for the miscellaneous minor changes to the roofline. NOTES: The following are code requirements that must be implemented: • The code requires that emergency contact info be posted on each facility. • The light source for security lighting shall feature down- directional, sharp cut -off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off -site. APP OVED BY: , 1P44k Chris endon Community Development Director Attachments: Exhibit A: Elevations of Approved Improvements Exhibit B: Review Criteria (Wireless) Exhibit C: Review Criteria (PUD Amendment) Exhibit D: Review Criteria (8040 Greenline Exemption) Exhibit E: Application APPROVED Cokf*"IIDE Z VELENT DIRECTOR C>> vOFASPASPEN J'' Date -A. Exhibit B: Review Criteria st ii � Sec. 26.575.130. Wireless telecommunication services facilities and equipment. F. Review standards. The following standards are designed to foster the City 's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment.: 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a. AU facilities shall be located at least fifty (5 0) feet from any property lines, except when roof - mounted (above the eave line of a building). Flat -roof mounted facilities visible from ground level within one- hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe or behind architectural skirting of the type generally used to conceal HVAC equipment. Pitched - roof - mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. u The proposed antennas are to be located on the existing cupolas and painted to match the existing building. The proposed equipment cabinets associated with the antenna are to be mounted on the flat roof of the building and, are as much as possible, concealed from view. b. Monopole towers shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would be required for a twenty (20) foot monopole) and the setback from any public road, as measured from the right -of -way line, shall be at least equal to the height of the monopole. The proposed antennas are not monopole structures, they are to be mounted on cupolas on the building. c. No wireless communication facility may be established within one- hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. There appear to be no wireless facilities within 100 ft. of the proposed location. The proposed antennas are to be mounted on the,eXisting copulas. d. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area, but may be attached to the building. The proposed antennas are on the building and do not extend past a property line or into the front yard area. 2. Height. The following restrictions shall apply: a. Wireless telecommunication services facilities and/or equipment not attached to a building shall not exceed thirty-five (35) feet in height or the maximum permissible height of the given Zone District, whichever is more restrictive. The proposed antennas will be attached to the building and will not exceed the existing height of the subject building architectural projections. Standard not applicable as the equipment is roof mounted. b. Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including parapet walls and the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls. The proposed antennas will be on the building and will not extend five (5) feet above the architectural projections of the roof, as per the drawings provided. c. The Community Development Director may approve a taller antenna height than stipulated in b. above if it is his or her determination that it is suitably camouflaged, in which case an administrative approval may be granted. The proposed antennas comply with criterion 26.575.130.F.2.b, above. Staff finds this criteria is not applicable. d. If the Community Development Director determines that an antenna taller than stipulated in b. above cannot be suitably camouflaged, then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the standards of this Section) of Chapter 26.430 (Special review). The proposed antennas comply with the criteria for 26.575.130.F.2.b, above. e. Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 and 26.575.130.F.5) below. The support and switching equipment is located on the flat roof of the building and will be lower than the architectural projections on the existing roof. 3. Architectural compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. In addition: a. If such facility is accessory to an existing use, the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. The proposed antennas are accessory to the primary use. The quality of the materials was not provided, though they are designed to blend with the existing color scheme of the building. b. Wireless telecommunication services equipment shall be of the same color as the building or structure to which or on which such equipment is mounted or as required by the appropriate decision- making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). The proposed antennas on the copula will be painted to match the existing fagade of the building. c. Whenever wireless telecommunication services equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible and shall not project above the wall on which it is mounted. The proposed equipment on the roof is designed to be fastened to the cupola and blend into the rest of the existing building. The proposed applications are not totally flush with the building for technical reasons. d Monopole support buildings, which house cellular switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole, must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to be suitable to the subject location. The proposed antennas do not include monopole support buildings. e. All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below). The associated utilities are contained within the rooftop cabinets. 4. Compatibility with the natural environment. Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land forms, topography and other natural features and shall not dominate the landscape or present a dominant silhouette on a ridge line. In addition: a. If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three - dimensional, visual simulations of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridges or ridge lines; an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required. The antennas will not be placed on or near a mountain ridge and does not require a complete 8040 Greenline review as they are to be roof mounted. b. Site disturbances shall be minimized and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. No vegetation is impacted by the proposal. c. Surrounding view planes shall be preserved to the extent possible. There are no protected view planes impacted by this antenna. r .. 4. d. All wireless telecommunication services facilities and equipment shall comply with the Federal Communication Commission's regulations concerning maximum radio frequency and electromagnetic fregy?:icy emissions. The antennas will be in compliance with all FCC regulations. As noted by the applicant. S. Screening. Roof -and- ground- mounted wireless telecommunication services facilities and equipment, including accessory equipment, shall be screened from adjacent and nearby public rights -of -way and public or private properties by paint color selection, parapet walls, screen walls, fencing, landscaping and/or berming in a manner compatible with the building's and/or surrounding environment's design, color, materials, texture, land forms and/or topography, as appropriate or applicable. In addition: a. Whenever possible, if monopoles are necessary for the support of antennas, they shall be located near existing utility poles, trees or other similar objects; consist of colors and materials that best blend with their background, and, have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision- making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). The proposed antennas do not include monopole support buildings. The proposed antennas are to be painted to match the copula that they are mounted to. The associated equipment is partially shielded by the parapet, wall. Approximately 2 ft. will project above the wall and be only slightly visible from a few angles. b. For ground - mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year -round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. The proposed antennas do not include ground- mounted facilities. c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. There are no visible cables proposed with this application. t d Chain link fencing shall be unacl' eptable to screen facilities, support structures or accessory and related equipment (including HVAC or mechanical equipment present on support buildings); fencing material, if used, shall be sir (6) feet in height or less and shall consist of wood, masonry, stucco, stone or other acceptable materials that are opaque. Screening is not proposed. e. Notwithstanding the foregoing, the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, _fences, walls, sign and structural applications, manufactured devices and other features designed to screen, camouflage and buffer antennas, poles and accessory uses. For example, the antenna and supporting structure or monopole may be of such design and treated with an architectural material so that it is camouflaged to resemble a tree with a single trunk and branches on its upper part. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above. The antennas and associated cabinets are as discrete as possible. The associated cabinets will only be partially visible from the ground. 6. Lighting and signage. In addition to other applicable sections of the code regulating signage or outdoor lighting, the following standards shall apply to wireless telecommunication services facilities and equipment: a. The light source for security lighting shall feature down - directional, sharp cut -off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off -site. The site is proposed to have small timed cut off lights on the roof that will only be in operation when the equipment is being serviced. No lighting detail was provided as the lights will only be utilized during times of repair. b. Lightfixtures, whether free standing or tower- mounted, shall not exceed twelve (12) feet in height as measured from finished grade. Other than the security lights, no other lighting is proposed. c. The display of any sign or advertising device other than public safety warnings, certifications or other required seals oiji, any wireless communication device or structure is prohibited. 1. No display is proposed. d. The telephone numbers to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510, Signs, of this Title. Emergency numbers shall be posted on the facility. 7. Access ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle /pedestrian circulation area such that it interferes with or in any way impairs, the intent or functionality of the original design. The antennas are not located in a parking area;or facility. b. The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. The antennas are located on the roof of the building, making access by the general public unlikely. Emergency personnel shall have access as is required. t'^ c. The proposed easements for ingress and egress and for electrical and telephone shall be recorded at the County Clerk and Recorder's Office prior to the issuance of building permits. No easements are required as the antennas are on the roof. F ^` �5 Exhibit C: Review Criteria A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. There is no change in the use or character of the building /development. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. There is no increase in the overall cove'age coverage structures on the property as the antenna is on the roof. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation and demand for public services will not be impacted by this amendment. 4. A reduction by greater than three percent (3 %) of the approved open space. There is no change to the open space. 5. A reduction by greater than one percent (1%) of the off - street parking and loading space. There is no change in the parking /loading space 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. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. There is no increase in gross leasable floor area as the antenna is on the roof. 8. An increase by greater than one percent (1 %) in the approved residential density of the development. There is no change to the residential aspect of the PUD. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The proposed change is consistent with the approved use — no variances are required u Sec. 26.435.030. 8040 Greenline review. Exhibit D: Review Criteria A. Applicability. The provisions of 8040 Greenline review shall apply to all development located at or above 8040 feet above mean sea level (the 8040 Greenline) in the City and all development within one hundred fifty (150) feet below, as measured horizontally, the 8040 Greenline, unless exempted pursuant to Subsection 26.435.030.B.. B. Exemption. The Community Development Director may exempt the expansion, remodeling or reconstruction of an existing 8040 Greenline development if the following standards are met: 1. The development does not add more than ten percent (10 %) to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent (25 %); and There is no increase in floor area as the antennas are on the roof. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section; and No trees are to be removed with the antennas installed on the roof of the existing building. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. There is no change to the existing site, the antenna are to be installed on the roof of the existing building and will not affect the physical site. 4. All exemptions are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1, an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.C. The proposed change will not affect the floor area, as the antennas are on the roof. Exhibit B: Review Criteria Sec. 26.575.130. Wireless telecommunication services facilities and equipment. F. Review standards. The following standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment.: 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district, if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a. All facilities shall be located at least fifty (50) feet from any property lines, except when roof - mounted (above the eave line of a building). Flat -roof mounted facilities visible from ground level within one - hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe or behind architectural skirting of the type generally used to conceal HVAC equipment. Pitched - roof - mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. The proposed antennas are to be located on the existing cupolas and painted to match the existing building. The proposed equipment cabinets associated with the antenna are to be mounted on the flat roof of the building and, are as much as possible, concealed from view. b. Monopole towers shall be set back from gny residentially zoned properties a distance of at least three (3) times the monopole's Might (Le., a sixty (60) foot setback would be required for a twenty (20) foot monopole) and the setback from any public road, as measured from the right -of -way line, shall be at least equal to the height of the monopole. The proposed antennas are not monopole structures, they are to be mounted on cupolas on the building. c. No wireless communication facility may be established within one- hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. There appear to be no wireless facilities within 100 ft. of the proposed location. The proposed antennas are to be mounted on the existing copulas. d. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area, but may be attached to the building. The proposed antennas are on the building and do not extend past a property line or into the front yard area. 2. Height The following restrictions shall apply: a. Wireless telecommunication services facilities andlor equipment not attached to a building shall not exceed thirty-five (35) feet in height or the maximum permissible height of the given Zone District, whichever is more restrictive. The proposed antennas will be attached to the building and will not exceed the existing height of the subject building architectural projections. Standard not applicable as the equipment is roof mounted. r: � b. Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including parapet walls and the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls. The proposed antennas will be on the building and will not extend five (5) feet above the architectural projections of the roof, as per the drawings provided. c. The Community Development Director may approve a taller antenna height than stipulated in b. above if it is his or her determination that it is suitably camouflaged, in which case an administrative approval may be granted. The proposed antennas comply with criterion 26.575.130.F.2.b, above. Staff finds this criteria is not applicable. d. If the Community Development Director determines that an antenna taller than stipulated in b. above cannot be suitably camouflaged, then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the standards of this Section) of Chapterti&430 (Special review). The proposed antennas comply with the criteria for 26.575.130.F.2.b, above. e. Support andlor switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 and 26.575.130.F.5) below. The support and switching equipment is located on the flat roof of the building and will be lower than the architectural projections on the existing roof. 3. Architectural compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. In addition: a. If such facility is accessory to an existing use, the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. The proposed antennas are accessory to the primary use. The quality of the materials was not provided, though they are designed to blend with the existing color scheme of the building. b. Wireless telecommunication services equipment shall be of the same color as the building or structure to which or on which such equipment is mounted or as required by the appropriate decision- making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). 9Y. The proposed antennas on the copula will be painted to match the existing fagade of the building. c. Whenever wireless telecommunication services equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible and shall not project above the wall on which it is mounted The proposed equipment on the roof is designed to be fastened to the cupola and blend into the rest of the existing building. The proposed applications are not totally flush with the building for technical reasons. d. Monopole support buildings, which house cellular switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole, must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to bfe suitable to the subject location. The proposed antennas do not include monopole support buildings. e. All utilities associated with wireless communication facilities. or equipment shall be underground (also see "Screening" below). The associated utilities are contained within the rooftop cabinets. 4. Compatibility with the natural environment Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land forms, topography and other natural features and shall not dominate the landscape or present a dominant silhouette on a ridge line. In addition: a. If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three - dimensional, visual simulations of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridges or ridge lines; an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required The antennas will not be placed on or near, a mountain ridge and does not require a complete 8040 Greenline review as they are to be roof mounted. b. Site disturbances shall be minimized and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. No vegetation is impacted by the proposal. c. Surrounding view planes shall be preserved to the extent possible. There are no protected view planes impacted by this antenna. d. All wireless telecommunication services facilities and equipment shall comply with the Federal Communication Commission's regulations concerning maximum radio frequency and electromagnetic frequency emissions. The antennas will be in compliance with all FCC regulations. As noted by the applicant. 5. Screening. Roof -and- ground- mounted wireless telecommunication services facilities and equipment, including accessory equipment, shall be screened from adjacent and nearby public rights -of -way and public or private properties by paint color selection, parapet walls, screen walls, fencing, landscaping and/or berming in a manner compatible with the building's and/or surrounding environment's design, color, materials, texture, land forms and/or topography, as appropriate or applicable. In addition: a. Whenever possible, if monopoles are necessary for the support of antennas, they shall be located near existing utility poles, trees or other similar objects; consist of colors and materials that best blendekith their' background; and, have no individual antennas or climbing spikes on the p4e` other than those approved by the appropriate decision - making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). The proposed antennas do not include monopole support buildings. The proposed antennas are to be painted to match the copula that they are mounted to. The associated equipment is partially shielded by the parapet wall. Approximately 2 ft. will project above the wall and be only slightly visible from a few angles. b. For ground - mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year -round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. The proposed antennas do not include ground - mounted facilities. c. Unless otherwise expressly approve4,'all cables for a facility shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. There are no visible cables proposed with this application d. Chain link fencing shall be unacceptable to screen facilities, support structures or accessory and related equipment (including HVAC or mechanical equipment present on support buildings); fencing material, if used, shall be six (6) feet in height or less and shall consist of wood, masonry, stucco, stone or other acceptable materials that are opaque. Screening is not proposed. e. Notwithstanding the foregoing, the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, sign and s�rµctural applications, manufactured devices and other features designed to screen, camouflage and buffer antennas, poles and accessory uses. For example, the antenna and supporting structure or monopole may be of such design and treated with an architectural material so that it is camouflaged to resemble a tree with a single trunk and branches on its upper part. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above. The antennas and associated cabinets are as discrete as possible. The associated cabinets will only be partially visible from the ground. 6. Lighting and signage. In addition to other applicable sections of the code regulating signage or outdoor lighting, the following standards shall apply to wireless telecommunication services facilities and equipment. a. The light source for security lighting shall feature down - directional, sharp cut -off luminaries to direct, control, screen or sha &e in such a manner as to ensure that there is no spillage of illumination off -site. The site is proposed to have small timed cut off lights on the roof that will only be in operation when the equipment is being serviced. No lighting detail was provided as the lights will only be utilized during times of repair. b. Light fixtures, whether free standing or tower- mounted, shall not exceed twelve (12) feet in height as measured from finished grade. Other than the security lights, no other lighting is proposed. c. The display of any sign or advertising device other than public safety warnings, certifications or other required seals on any wireless communication device or structure is prohibited. No display is proposed. d. The telephone numbers to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapr 26.510, Signs, of this Title. Emergency numbers shall be posted on the facility. 7. Access ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with or in any way impairs, the intent or functionality of the original design. The antennas are not located in a parking area or facility. b. The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. The antennas are located on the roof of the building, making access by the general public unlikely. Emergency personnel shall have access as is required. r^ ,-. c. The proposed easements for ingress anegress and for electrical and telephone shall be recorded at the County Clerk and Recorde'r's Office prior to the issuance of building permits. No easements are required as the antennas are on the roof. s sr" C. Exhibit C: Review Criteria A. PUD Insubstantial Amendments. An insubstantial amendment to an approved. development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. There is no change in the use or character of the building /development. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. There is no increase in the overall coverage of structures on the property as the antenna is on the roof. 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. i 4. A reduction by greater than three percent (3 %) of the approved open space. There is no change to the open space. 5. A reduction by greater than one percent (1 %) of the off - street parking and loading space. There is no change in the parking /loading space 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. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. There is no increase in gross leasable floor area as the antenna is on the roof. 8. An increase by greater than one percent (1 %) in the approved residential density of the development. There is no change to the residential aspect of the PUD. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The proposed change is consistent with the approved use — no variances are required. Exhibit D: Review Criteria Sec. 26.435.030.8040 Greenline review. A. Applicability. The provisions of 8040 Greenline review shall apply to all development located at or above 8040 feet above mean sea level (tl(( 8040 Greenline) in the City and all development within one hundred fifty (150) feet below as measured horizontally, the 8040 Greenline, unless exempted pursuant to Subsection 26.435.030.B.. B. Exemption. The Community Development Director may exempt the expansion, remodeling or reconstruction of an existing 8040 Greenline development if the following standards are met: 1. The development does not add more than ten percent (10 %) to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent (25 %); and There is no increase indoor area as the antennas are on the roof. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section; and No trees are to be removed with the antennas installed on the roof of the existing building. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. 0 There is no change to the existing site, TOe antenna are to be installed on the roof of the existing building and will not affect the physical site. 4. All exemptions are cumulative. Once a development reaches the totals specified in Subsection 26.43 5.030.13. 1, an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.C. The proposed change will not affect the floor area, as the antennas are on the roof. P' ,; j R i 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 anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. 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. Ritz Carlton Management Company, LLC 78 Prospector Road Aspen, CO 81611650-551-1707 Property Owner's Name, Mailing Address and telephone number Aspen Highlands Ritz Carlton 78 Prospector Road Block D Aspen, CO 81 Parcel Number: 273514213702 Legal Description and Street Address of Subject Property Approval of an Insubstantial PUD Amendment Wireless Telecommunication Services Facilities / Equipment Review and 8049 Greenling Exemption allowing for the installation of wireless telecommunication equipment of the roof of the building. Written Description of the Site Specific Plan and /or Attachment Describing Plan Insubstantial PUD Amendment January 13,2009 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) January 13, 2009 Effective Date of Development Order (Same as date of publication of notice of approval.) January 13, 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 13`x' day of January, 2009, by the City of Aspen Community Development Director m C m .� I rN.. -. " Z I O gg 8 a z =G N U J Z Z Fm LLI A — - - — — — o � O cl) z ■ W LU ■ ZLIJ Z� �co �� ■ as Q as ��Naa W � 8 I; i 1111 hoin I Peco a 19 I m A T I zs ¢G_ FN0 N 4g$° ' N Z is Si Q$■ �� �/./ Z &3 \ O R W U G $ .. 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