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HomeMy WebLinkAboutLand Use Case.501 E Dean St.0016.2009.ASLU 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 0016.2009.ASLU SECTION: 26 510 040 B 501 E. DEAN ST -RIGHT OF WAY ERRIN EVANS RIGHT OF WAY VANN & ASSOCIATES 3/26/2009 CLOSED BY Angela Scorey on 06/05/2009 ..~,. -~. M../ Z6~ 5~O - O'CV~ L Eile Edit ge[ard P1avk~ate Fprm Reporirs Format Tab Help ® `-' -° -J ~ 5[d ~C.I ~ r~ - ~I J G Gil ~ ~ 11, ~ ®~ ~ ®® s .~ ~~~]i h ~-~ Q~A_ I °~' I yakratian ~ Custom Fields ~ gcbans Feet ~ Parcels ~ Fee Summary ~ Sub Permits ~ Attachments ~ Roytig Status ~ Routing 4 - Permit Type aslu ~ Aspen Land Use Permit # 0016.2009.ASLU Address 501 E DEAN ST- SIGNS RIGHT OF WAY J AptJSuite City ASPEN State CO Zip 81611 J ermR Information. _.. _. __ _. _ __ __ _.. Master Permit J Routing Queue aslu07 Applied 03J06J2009 Project 2 Status pending Approved ~~ Description THE RESIDENCES AT THE LITTLE NELL - SUBDIVISIONJPUD SIGNS IN PUBLIC Iswed RIGHT-OF-WAY APPLICATION Fnal ~ J Submtted SUNNY VANN Clock Running Days Expires 03JO1J2010 Owner __ - - __ - __. __ _ Last Name RESIDENCES AT LITTLE NEL J First Name 302 E HOPKINS AVE Phone (970)544-0499 ASPEN CO 81611 r Owner Is Applicant? - _._ -Applicant -__. - __-_ _. _ _ _. __ : Last Name VANN & ASSOCIATES J First Name 230 E HOPKINS AVE Phone (970) 9255958 Cust A 25499 I~+ ASPEN CO 81611 -lender ___ _. __ __ .. _...__. _.._. __ _. Last Name ~ ~ First Name Phone ''~ Record: 1 of 1 ~# 2C°t~ C,G~.~Mo~ir ~' c,68 z ~ c3-a cc~ ~~,,~ i~ ~~ ~ ou,,*~ ~ c.~~rJ. ~ ~ ~~ ~~ ~~ ~.~ ,~~, ~.,, VANN ASSOCIATES, LLC Planning Consultants April 6, 2009 HAND DELIVERED Ms. Errin Evans Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Residences at the Little Nell Subdivision/PUD -Signs in Public Right-of- Way Application Dear Errin: As we discussed this morning, The Residences at Little Nell Development, LLC hereby withdraws its March 6, 2009, Signs in Public Right-of-Way Application for the Residences at the Little Nell property. In the alternative, the Applicant will be amending its original administrative sign application to provide additional signage on the building proper. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VAN~ASSOCIA~Ji'i6, LLC Vann, AICP :cwv cc: Brooke A. Peterson Andrew Gerber d:\oldc\bus\city.ltr\Itr52708.ee1 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 TO: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: APPLICANT /OWNER: The Residences at Little Nell Development, LLC. MEMORANDUM Mayor Ireland and Aspen City Council Errin Evans, Current Planner Chris Bendon, Community Development Director March 3'd, 2009 April 13'", 2009 Request for commercial signage in the public right-of--way. REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: The Dean Street pedestrian mall (public right-of--way) located on the north side of the Residences of Little Nell - 501 E Dean Street; CURRENT ZONING & USE: The parcel is located in the Commercial Lodge (CL) zone district with a Planned Unit Development (PUD) overlay; however, the signage is proposed to be in the right-of--way. PROJECT SUMMARY: The applicant received approval for the Residences of Little Nell development. Construction is nearing completion. The applicant has submitted a Master Sign Plan that proposes signage in the public right-of-way which is prohibited by the land use code. STAFF RECOMMENDATION: Staff recommends that the City Council deny the application for placing commercial signage on the pedestrian corridor along the Dean Street public right-of- way. PROPOSED LAND USE: The applicant would like to place commercial signage in the right-of-way on Dean Street. The Applicant is requesting an approval for the sign placement from the City Council pursuant to Section 26.510.110, Signs on Public Right-of--way. Council must grant permission to allow the signs to be placed as per the Master Sign Plan. PROJECT SUMMARY: In 2005, the applicant received approvals for the Residences at Little Nell Development located at 501 East Dean Street at the base of Aspen Mountain. The project, consisting of fractional lodge units, hotel units, free market and affordable housing units and a commercial component of restaurant, retail, and public lockers, is close to completion. As a part of the project the applicant was required to dedicate and complete upgrades to create and improve the Dean Street pedestrian corridor to the north of the development. In the final stages of construction, the applicant has submitted a Master Sign Plan. Five of the signs proposed in the Master Sign Plan are located in the Dean Street pedestrian corridor which is now considered public right-of--way. The applicant has two encroachment licenses that were issued to complete the improvements for the pedestrian corridor by the City Engineering Department. The encroachment license gives the applicant permission to construct public works and utilities in the public right-of-way. Neither of the licenses nor the Subdivision/PUD Improvement Agreement refers to permitting the applicant to place signage in the right-of--way. According to Section 26.510, the Community Development Staff do not have the authority to permit commercial signage in the public right-of- way. There is a section in the Code, Section 26.510.110 pertaining to signs on the public right- of-way that gives the City Council the authority to allow signs to be posted in the public right-of- way. LAND USE REGULATIONS: Two sections of the code address signs located in the right-of--way. The first section is a list of prohibited signs in the City. As provided below, Section 26.510 does not allow off premise signs, except as temporary signage for special events and other similar activities. Section 26.510.040 Prohibited signs B. Billboards and other off-premise signs. Billboards and other off premise signs, including security signs which do nol comply with the regulations set forth in Section 26.510.030 (B) (21), and signs on benches, are prohibited, except as a temporary sign as provided for in Section 26.510.120 Temporary Signs. The second section refers to signs that are permitted on the public right-of--way. These signs typically include banners and flags on the Main Street light posts, signs in City parks, displays in City pazks, signs across Main Street, and on public buildings. The section states: Section 26.510.110 Signs on Public right-of-way. A. It shall be unlawful to erect or maintain any sign in, on, over or above and land or right-of--way or on any property, including light posts, belonging to the City of Aspen, without the permission o~ the Council or in compliance with Section 26.510.110 (B), Policies Regarding Signage on Public Property. However, this section shall not be deemed to apply to signs posted by any duly constituted public authorities in the performance of their duties, or to specific circumstances otherwise provided for in this Chapter. B. Policies Regarding Signage on Public Property ... ... - 1. Purpose of regulations. The purpose of these regulations is to establish reasonable regulations for the posting of temporary signs, displays and banners on certain public property. When compared to the permitted signs listed in Section 26.510.110, the applicant's signs do not have the same characteristics as the examples permitted on the public right-of--way. The signs noted in this section are temporary, not permitted for a period longer than 17 days and are erected by non-commercial entities such as civic, philanthropic, educational or religious organizations. By comparison, the applicant's signs are proposed to be permanent and are intended for commercial purposes. COMMUNITY DEVELOPMENT DEPARTMENT COMMENTS: The signs are proposed to be located in the planters adjacent to the trees along the southern side of the pedestrian corridor (see Figure 1 below). The height of the signage will be approximately ten feet. The advertising portion of the sign will be similar to the height of the branches. Upon a test during a site visit, it was evident that the branches of the trees will block the signage. The Parks Department will not permit the applicant to trim the branches for several years once the trees have become established. Staff feels that the location of the signage is not compatible with the landscaping along the pedestrian corridor. In addition, the Community Development staff feels that the intent of Code Section 26.510.110 is to allow temporary signs to be placed in the right-of--way for special events. The signs that the applicant propose are not temporary in nature. The signs are intended to be permanent to attract customers to the future businesses that will be located on the lower level of the Residences at Little Nell. The Code prohibits signage in the right-of--way to maintain visual quality and character of the City. It is noted in the purpose of the sign chapter of the Code that signage has a significant impact on both visual quality and the character. Reducing the number of signs in the City maintains an image that is consistent with a high quality resort environment. Preserving the visual attractiveness of the community is listed as important for the community. The sign regulations are in place to maintain an attractive environment and enhance the attractiveness of the City. RECOMMENDATION: The Community Development Department recommends that the Aspen City Council deny the request to place commercial signage in the Dean Street pedestrian corridor. The staff recognizes that it is important for businesses to advertise with signage but feel that the wall and window signage proposed in the Master Plan will be adequate to attract customers and will be consistent with signage goals of the City and the Land Use Code requirements. Commercial signs are prohibited in other areas of the City on the public right-of-way and this site does not merit any hardship that would favor granting special permission to contravene the sign code. Other signs located in the public right-of--way are temporary in nature and advertise special events and other non-commercial activities. If the Council decides to approve the addition, it is advised that they do so with the following conditions: 1) The applicant will be required to adhere to the Parks Department requirements regarding trimming the trees. Attachments Exhibit A -Application .-. ~,> . . I III II VIII IIIIII VIII IIII VIII IIIIIII III VIII IIII IIII 5 9000© 04:01 5[LVIR DRVIS PITKIN COUNTY Co R 166.00 D 0.00 SUBDIVISION/PUD AGREEMENT FOR THE RESIDENCES AT LITTLE HELL SUBDIVISION/PUD THIS SUBDIVISION/PUD AGREEMENT is made and entered into this ~ 7y day of May, 2005, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City ), and THE RESIDENCES AT LITTLE HELL DEVELOPMENT, LLC, a Delaware limited liability company (hereinafter referred to as "REND"), WITNESSETH: WHEREAS, REND has submitted to the City an Application for Final PUD Development Plan Approval (the "Application") for certain contiguous parcels of land situated within the City of Aspen, Colorado to be consolidated, platted and known as Lot 1, The Residences at Little Nell Subdivision/PUD (the "Property"), which Application requests the approval, execution and recordation of a Final Plat of the Property (the "Final Plat"); and the approval and recordation of a Final PUD Development Plan and related documents (collectively, the "Final PUD Development Plan"); and WHEREAS, City has fully considered the Application, the Fina] Plat, the Final PUD Development Plan, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat and its approval and recordation of the Final PUD Development Plan, such matters being necessary to protect, promote and enhance the public safety, health and welfare; and WHEREAS, REND is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application, the Final Plat, and the Final PUD Development Plan; and WHEREAS, under the authority of Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure (i) that the required public facilities are installed and (ii) that the required landscaping is implemented and maintained, and REND is prepared to provide such guarantees as hereinafter set forth; and ''upII ''uuIIII N IN I© 1 @210 I I~I~~,II~ I~Il~ll~lllll~~ll~~,l Itll~lll II~II~1 ~ 917 p 00 ~ 4:01 S1L WHEREAS, contemporaneously with the execution and recording of this Subdivision/PUD Agreement, City and RLND have executed and recorded the Final Plat in Plat Book Z at Page Z / ,and City and RLND have recorded the Final PUD Development Plan as Reception Nof i~t0 ,both in the Office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final Plat and the approval and acceptance of the Final PUD Development Plan for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION/PUD AGREEMENT 1.1 Purpose. The purpose of this Subdivision/PUD Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the development of The Residences at Little Nell Subdivision/PUD and to enumerate all terms and conditions under which such development may occur. 1.2 Effect. It is the intent of the parties that this Subdivision/PUD Agreement shall effectively supercede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations and other documents and agreements encumbering the Property, including without limitation those matters identified in Article VI below (collectively, the "Prior Approvals and Instruments"), and City and RLND agree to cooperate in the execution and recording of such documents as may be necessary or appropriate to accomplish the vacation and/or termination of said Prior Approvals and Instruments. The parties anticipate that these recordings will take place contemporarneouslywhh the recording of the Final Plat. However, a delay in the recording of any such vacation/termination documents shall not affect or delay the recording of this Subdivision/PUD Agreement, the Final Plat, or the Final PUD Development Plan. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Annroval Ordinance and Resolution. Pursuant to Ordinance No. 30 (Series of 2004) adopted on October 12, 2004, the Aspen City Council granted final PUD development plan approval for the development of a mixed use timeshare lodge containing 24 fractional ownership units, 2 free market residential units, 8 lodge rooms (hotel units), 8 affordable housing units, approximately 8,900 square feet of net leasable commercial space, and a subgrade parking garage (collectively, the "Project"). Ordinance No. 30 also (i) granted subdivision approval to subdivide a portion of the adjacent Aspen Skiing Company property, eliminate the existing internal boundaries within the Project site, and replat the remainder of the adjacent Tipple Woods Subdivision; (ii) rezoned a portion of the Project site to CL, Commercial Lodge, Planned Unit Development; (iii) granted approval to condominiumize the Project and to ~. ., ,.,, \/ .,,. IIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 5902e©ea:a1 SILVIR DRVIS PITKIN COUNTY CO R 106.00 D 0.00 sell the fractional ownership units pursuant to a timeshare use plan (the "Fractional Ownership Plan"); (iv) exempted from growth management the conversion of existing residential reconstruction credits to lodge units, the reconstruction of demolished commercial square footage, and the Project's on-site affordable housing units; and (v) approved an amendment to the Little Nell Specially Planned Area plan. Pursuant to Resolution No. 28 (Series of 2004) adopted on August 17, 2004, the Aspen Planning and Zoning Commission granted 8040 greenline approval for the Project and also granted special review approval for the affordable housing units' on- site parking. This Subdivision/PUD Agreement incorporates all of the pertinent provisions of Ordinance No. 30 and Resolution No. 28. In the event of any inconsistency between the provisions of Ordinance No. 30 and/or of Resolution No. 28, and the provisions of this Subdivision/PUD Agreement, the provisions of this Subdivision/PUD Agreement shall control. 2.2 Dimensional Requirements. Ordinance No. 30 established and approved the following dimensional requirements for the Project: (a) Minimum Lot Size (Sq. Ft.) 66,737 (b) Minimum Lot Width (Feet)* 206 (c) Minimum Front Yard Setback (Feet)** 0 (d) Minimum East Side Yard Setback (Feet) 0 (e) Minimum West Side Yard Setback (Feet) 0 (f) Minimum Rear Yard Setback (Feet) 4 (g) Maximum Height (Feet) *** (h) Minimum Required Open Space (Percent) 0 (i) Maximum External Floor Area (Sq. Ft.) 108,000 (j) Minimum Off-Street Parking Spaces **** * Measured along the Dean Avenue right-of--way ** Measured from Dean Street *** As represented in the recorded Final PUD Development Plan **** 2 short-term spaces within the porte-cochere and 70 spaces within the underground parking garage 2.3 Vested Rights. Under Development Order of the City of Aspen Community Development Department issued December 23, 2004 with an effective date of January 8, 2005 (the "Development Order"), the right to undertake and complete the development and use of the Property pursuant to the terms and conditions of the site specific development plan for the Property is vested until January 8, 2008, and shall not be altered, impaired, diminished or delayed by any subsequent zoning or land use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment of such vested rights for the Property was ~,.,/ •. I'!!~NIIII,~'~'AIY 510210 Pege: 4 of 33 03/17/2005 04:01 .00 D 0.00 conducted on October 12, 2004. As authorized by CRS Section 24-68-102(4)(a), City and RLND agree that the site specific plan for the Property consists of and includes, but is not limited to, the number, permitted size, and configuration of the fractional ownership units, the free market residential units, the hotel units, the affordable housing units, the commercial spaces, the parking spaces, and the other spaces and areas in the Project, the Fractional Ownership Plan, and all other matters set forth in Ordinance No. 30 (Series of 2004), Resolution No. 28, the Final Plat recorded in Plat Book ~ at Page 'L I ,and the Final PUD Development Plan for The Residences at Little Nell Subdivision/PUD recorded as Reception No..~~ it ,both in the Office of the Clerk and Recorder of Pitkin County, Colorado, this Subdivision/PUD Agreement, and all other documents and plans recorded concurrently therewith. For purposes of this Section 2.3, this Subdivision/PUD Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 3.1 The Comaonents of the Proiect. The timeshare lodge Project approved pursuant to Ordinance No. 30 and Resolution No. 28 will consist of two attached multi- story structures which will contain a maximum external floor area of 108,000 square feet, calculated in accordance with the City's floor area regulations in effect oh October 25, 2002, which floor area regulations are attached hereto as Exhibit A and made a part hereof by this reference. The Project will contain the following principal components: (a) Fractional Ownership Units. The Project will contain 24 Fractional Ownership Units which will be condominiumized and sold pursuant to the Fractional Ownership Plan defined and described in the Declaration of Condominium for The Residences at Little Nell (the "Declaration") to be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado contemporaneously with the recording of the Condominium Map of the Project. The Fractional Ownership Units will consist of 19 three-bedroom units and Sfour-bedroom units, and will be configured so as to contain 40 separately occupiable lock-offs or keys. As provided in the Declaration, the Fractional Ownership Units will be available for walk-in, short-term rental to the public when the Units are not being occupied by an Owner, an Owner's guest, or persons occupying the Unit under an exchange program. (b) Free Market Residential Units. The Project will contain 2 Free Market Residential Units which will be condominiumized and sold, and which may be occupied on a short or long-term basis. It is not anticipated that these Units will be subject to the Fractional Ownership Plan, but under the Declaration RLND has reserved the right to convert either or both free market residential units to a Fractional Ownership Unit that is subject to the Fractional Ownership Plan. Under Section 9 of Ordinance No. 30, these units maybe converted and included as part of the Fractional Ownership Plan pursuant to an Insubstantial PUD Amendment approved by the City. IIIIIIIIIIIIIIIIIIIIINIhIIIIIIIIIINIIIIIIIIIIIIINII 0 s°~0°004 a~ (c) Hotel Units. The Project will contain 8 traditional lodge rooms (Hotel Units) which will not be subject to the Fractional Ownership Plan. These units will at all times be available for nightly rental to the public. (d) Affordable Hoasin2 Units. The Project will contain 8 Affordable Housing Units. The Units will be configured as studios, and each Unit will contain a minimum of 400 square feet of net livable area. The Units will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 2 income and occupancy guidelines for rental units in effect at the time of recording of the Condominium Map for the Project. The deed restriction will reserve to RLND and its successors and assigns the first right from time to time to select and place qualified tenants in the Units. No CertiScate of Occupancy shall be issued for the Project until the deed restriction for the Affordable Housing Units has been executed and recorded. Unless a different arrangement is worked out with the City, and only to the extent necessary to comply with applicable Colorado law, at the time of recording of the deed restriction RLND will convey aone-tenth of one percent interest in the Affordable Housing Units to APCHA. Said one-tenth of one percent interest is hereinafter referred to as the "APCHA Interest". The conveyance of the APCHA Interest shall be expressly subject to the understanding and agreement that (i) ownership of the APCHA Interest only gives the APCHA the right to enforce the deed restriction on the Affordable Housing Units, and does not give the APCHA any authority or rights that are not specifically set forth in the deed restriction, (ii) in all other respects, the APCHA shall be deemed to have no ownership rights or responsibilities in connection with the Affordable Housing Units, and the record owner of the remaining interest in the Units shall have full right and authority to lease, encumber, or otherwise deal with the Units as if such owner held a 100 percent interest therein, (iii) APCHA shall have no liability to third persons arising solely out of its ownership of the APCHA Interest, and RLND (and any successor or assign of RLND in the ownership of the Units) shall indemnify APCHA from and against any losses or liabilities arising solely out of the ownership of the APCHA Interest, and (iv) the APCHA Interest will be conveyed to the then record owner of the remaining interest in the Units if and when the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions on affordable housing units. (e) CommerciaUAccessorv Uses. The Project will contain a restaurant, bar, outdoor dining terrace, guest living room, £tness room, recreation room, business center, front desk/concierge area, rooftop swimming pool, and retail commercial space. The retail space, which is located at ground level and fronts on Dean Avenue, will be limited to a maximum of 4,520 square feet of net leasable area and is prohibited from being converted to office use. In the event the retail space owner deems it appropriate, the retail space or some of it maybe reconfigured, subject to obtaining any approvals that may be required by the City's land use regulations. The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining terrace shall be open and available for use in conjunction therewith, weather permitting, all days of the I ~IN1~ InI 510210 IIIIIIhIIIIIIIIIIIIII~IIIIIIINIIIIIVIIIIIIIUII 00917D20.00 4:01 year that the Aspen Mountain Ski Area is open for public skiing, for a minimum of three (3) hours after the gondola lift at Little Nell closes each day. In addition, the bar and outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run from June 15 through October 15 of each year, during all daytime hours that the gondola is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events maybe held. (f) Parkin Under Section 2 of Ordinance No. 30 (Series of 2004), the City Council approved the following minimum off-street parking spaces for the Project: Seventy (70) parking spaces located on two levels in a subgrade parking garage. Eight of the parking spaces will be allocated and signed for the use of the Project's eight Affordable Housing Units, and six of the parking spaces will be allocated and signed for the use of the owners of Lots 1, 2 and 3, First Amended Plat of the Tipple Woods Subdivision. 3.2 Affordable HOLSInE MitiEation. (a) Requirements. (i) RLND has agreed to provide affordable housing mitigation for 60 percent of the employees generated by the operation of the Project. The number of employees generated by the Project has been determined to be 75, hence affordable housing mitigation must be provided for 45 employees. (ii) RLND is also required to provide 12 affordable housing bedrooms containing a minimum of 4,469 square feet of net livable area pursuant to the City's Resident Multi-Family Replacement Program, which 12 bedrooms are considered to house I S employees. The total number of employees for which RLND must provide affordable housing mitigation, then, is 60. The Development Order constitutes a "CertiScate of Compliance" in accordance with Chapter 26.530 of the Aspen Land Use Regulations entitled "Multi-Family Housing Replacement Program". (iii) A minimum of 59 percent of the required affordable housing mitigation is to be provided within the City limits, and the remaining 41 percent may be provided outside the City but within the Aspen Community Growth Boundary. (iv) A minimum of 50 percent of the required affordable housing mitigation must be deed restricted to APCHA's Category 2 income and occupancy guidelines, and the remainder maybe deed restricted to Category 3. (b) Mitiaatioa. (i) As set forth in Section 3.1 (c) above, eight Category 2 studio Affordable Housing Units will be provided within the Project, which units will be credited with housing 10 employees. IIYIIIIIM~~11~ 51©210 Pa9a~ 7 of 33 05/17/2005 04:01 00 D 0.00 (ii) RLND has entered into an Affordable Housing Buy Down Agreement with Obermeyer Place Holding Company LLC ("Obermeyer"), whereby RLND has agreed to buy down 15 of the one-bedroom Resident Occupied ("RO") Units to be constructed by Obermeyer as a part of the Obermeyer Place Project (the "Obermeyer Buy Down Units"). Seven of these units, housing a total of 12.25 employees, will be bought down to Category 2 restrictions, and eight of these units, housing a total of 14 employees, will be bought down to Category 3 restrictions for a total Buy Down Price of $3,370,400. City agrees that upon (aa) payment in full of said Buy Down Price by RLND to Obermeyer, which shall be evidenced by Obermeyer's written certification of such payment, (bb) the recording of the deed restrictions on the Obermeyer Buy Down Units to the Categories described above, and (cc) the issuance of a Certificate of Occupancy for the Obermeyer Buy Down Units, RLND and its successors and assigns shall be credited with housing a total of 26.25 employees. (iii) The 10 employees to be housed on-site, together with the 26.25 employees to be housed at Obermeyer Place, totals 36.25 employees, which represents 60 percent of RLND's required affordable housing mitigation. (iv) The remainder of RLND's affordable housing mitigation requirement, or 24 employees, will be met at the Aspen Airport Business Center, which is located within the Aspen Community Growth Boundary. These employees will be housed in eight 3-bedroom sale units being constructed by RLND pursuant to BOCC Resolution No.135-2004 recorded October 29, 2004 as Reception No. 503623 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "AABC Units"). Three of these units will be deed restricted to Category 2 restrictions and five will be deed restricted to Category 3 restrictions. The eight AABC Units must be deed restricted, and a Certificate of Occupancy must be issued therefor, before a Certificate of Occupancy will be issued for the Project. (v) Based on the foregoing, a total of 31.25 employees will be housed in Category 2 units and 29 employees will be housed in Category 3 units. (vi) No Certificate of Occupancy will be issued for the Project unless and until (aa) a Certificate of Occupancy has been issued for the 15 Obermeyer Buy Down Units and such units have been deed restricted to the Categories described in subsection (b)(ii) above, and (bb) a Certificate of Occupancy has been issued for the 8 AABC Units and such units have been deed restricted to the Categories described in subsection (b)(iv) above. If no Certificate of Occupancy has yet been issued for the Obermeyer Buy Down Units, RLND shall not be precluded from receiving a Certificate of Occupancy for the Project if it delivers or causes to be delivered to City a collateral assignment of the $3,370,400 (the Buy Down Price) being held in escrow by Pitkin County Title, Inc. (the "Escrow Agent") pursuant to the Affordable Housing Buy Down Agreement, which assignment shall authorize and direct the Escrow Agent to deliver all of the escrowed funds to the City in the event a Certificate of Occupancy has not been issued for and proper deed restrictions recorded upon the Obermeyer Buy Down Units by July 1, 2007. 7 '"''i '"1 510210 Iill~IIIIIIInIIIN~IIIIIIINIINUIIIIIIIhIIIII1111.~9i;oza000: el (vtt) The employees to be housed in the 8 on-site Affordable Housing Units and the 8 AABC Units shall meet the qualification criteria contained in the APCHA Employee Housing Guidelines, as they maybe amended from time to time. 'The Obermeyer Buy Down Units shall be governed by the City Council approvals for the Obermeyer Place Project. 3.3 Construction in Accordance with Plans. Construction of the Project, and all of its component parts, shall be accomplished in substantial compliance with the Final PUD Development Plan and with all architectural plans and elevations, utility plans, grading and drainage plans, site design plans, and landscape plans that are recorded contemporaneously with the Final Plat and this Subdivision/PUD Agreement. 3.4 Porte Cochere Tratfic Flow. Shiaaine and Receivin¢, and Roof Toa Decks. (a) Porte Cochere Traffic Flow. Traffic flow within the Project's entry pone cochere shall occur in a clockwise rotation at all times in order to minimize the impact of vehicle headlights on the adjacent North of Nell Condominiums. Vehicular access to the porte cochere from Galena Street shall occur via Dean Avenue. (b) Shiauina and Receivln2. Commercial vehicles, including but not limited to delivery, service and inspection vehicles, shall be prohibited from using the Little Nell Hotel service dock on Spring Street to service the Project. All commercial vehicle activity shall be limited to the Project's Galena Street loading dock and parking garage. (c) Roof Too Decks. The Project's roof top decks, swimming pool and hot tubs shall be used for the following purposes: Swimming, sun-bathing, food and beverage service, and similar compatible uses. 3.5 De9^ Avenue Imorovements• Maintenance; r:ncroacnmenr License. RLND shall accomplish, as subdivision improvements, the improvements depicted on the Final PUD Development Plan recorded concurrently with the Final Plat, in accordance with Article IV of this Subdivision/PUD Agreement. To the extent practicable, said Final PUD Development Plan shall be revised to be consistent with any final master design plan that may be finally adopted by the City for Dean Avenue improvements. In the event the City has not adopted such final master design plan by April 1, 2006, RLND shall no longer be obligated to make revisions to the Final PUD Development Plan. Before a building permit is issued for the Project, the City and RLND shall enter into two (2) Encroachment Licenses covering the portions of the Project that will encroach into the Dean Avenue right-of-way, as depicted on the Final Plat. The first Encroachment License will cover the portion of the Residences at Little Nell building that encroaches into the Dean Avenue right-of-way, and the second Encroachment License will cover the portion of the surface utility systems servicing The Residences at Little Nell that encroaches into the Dean Avenue right-of-way. INIIIIIIIIIIIN~IIIIIIIIIINIII~IIIIIIIIINIIIIillll 5~° 90°04:01 The design, installation, maintenance and operational costs for new surface and subsurface improvements to Dean Avenue shall be borne by RLND or its successor/assignee, The Residences at Little Nell Condominium Association, Inc. (the "Association"). New subsurface improvements shall include a snowmelt system and similar features but shall exclude existing utilities within the right-of--way. Costs of replacing surface and subsurface improvements as a result of accessing City-owned utilities or other subsurface work that damages surface and subsurface improvements installed by RLND, including the snowmelt system, shall be borne by the City. The City shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work on non-City-owned utilities. 3.6 Utilities. (a) Water, sewer, electric, natural gas, telephone and cable TV service are available from existing main lines in Galena Street and Dean Avenue. RLND shall accomplish at its expense the utility improvements described in Article 4.1 below. (b) All utility service lines from these main lines to the Project shall be installed by RLND at its expense in compliance with the Water and Sanitary Sewer Utilities Plan and the Shallow Utilities Plan recorded concurrently with the Final Plat, and shall be buried underground. All of said utilities shall be installed as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. (c) All utility tap fees shall be payable in accordance with the requirements of the utility regulations in effect at the time of payment. (d) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. (e) RLND shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use of a pumping station. 3.7 Relocation of Citv Water Line. RLND shall accomplish, as a subdivision improvement, the relocation of the City of Aspen water line in Durant Street, Spring Street, and across Little Nell, in compliance with the Little Nell Waterline Plan and Profile to be recorded concurrently with the Final Plat, and in accordance with Article IV of this Subdivision/PUD Agreement. 3.8 Drainaee. All development within the Project shall comply with the Drainage Plan recorded concurrently with the Final Plat. RLND shall be responsible for implementing the Drainage Plan, and drainage improvements shall be accomplished as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. o N INI {fI~''INN, IINI NlI1 510210 IIIIIIINIII IIIIII IIIII,III IIIIIII'I,II III II~III ICI IIII 00 g17 D20000 X301 3.9 Landscaping; Tree Removal Fee. All development within the Project shall comply with (i) the Overall Materials Plan, (ii) the Overall Tree Landscape Plan, and (iii) the Overall Understory Landscape Plan recorded as part of the Final PUD Development Plan (collectively, the "Planting Plans"). RLND shall be responsible for implementing the Planting Plans, and landscaping improvements shall be accomplished as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. A tree removal fee in the aggregate amount of $32,252.84 has been paid to the City by RLND. 3.10 Exterior Lighting. All development within the Project shall comply with the Exterior Lighting Plan to be submitted to the Community Development Department for review and approval at the time of building permit application. 3.11 Ski Trail Easement. The Ski Trail Easement depicted on the Final Plat across the southeasterly corner of Lot 1, Residences at Little Nell Subdivision/PUD, was dedicated to the City on the Final Plat for the use of the general public during the winter months for downhill and cross-country skiing purposes only (motorized vehicles are prohibited), subject to the terms and conditions of said dedication and as more fully set forth in that certain Ski Trail Easement Agreement between RLND and the City recorded contemporaneously with this Subdivision/PUD Agreement as Reception No. /DZ ~~ 3.12 Relocation of Little Nell Chairlift. RLND shall be responsible for relocating the existing Little Nell Chairlift to approximately the location depicted on the Final PUD Development Plan, at RLND's cost and expense. Such relocation must be accomplished before a Certificate of Occupancy is issued for the Project. 3.13 Air Quality. (a) The City has determined that, subject to the provision of van service for the Project's owners and guests, and the advertising thereof, no further PM10 mitigation shall be required for the Project. (b) Ali development within the Project shall comply with the Environmental Health Department's woodburning stove/fireplace regulations in effect at the time of issuance of a building permit for the Project. (c) Before a building permit is issued for the Project, RLND shall submit a fugitive dust control plan to the Environmental Health Department for its review and approval. The plan shall address, at a minimum, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, and other measures as may be necessary to prevent windblown dust from crossing the property lines or otherwise causing a nuisance. 3.14 Geotechnical Requirements and Mope ~tabatty rvtonttoring. Throughout construction of the Project and for a period of two (2) years following the issuance of a Certificate of Occupancy for the Project, RLND shall comply with the geotechnical recommendations, and implement the slope stability monitoring, detection 10 r" IIIIIIIINIIIIIIIIVIIIIhIVIIIIII~IIIIIIIIIIIIIIIIII 590p 000 4301 and reporting program, contained in the Geotechnical Investigation far The Residences at Little Nell prepared by CTL/Thompson under date of June 17, 2003 (Job No. GS- 3850). 3.15 School Land Dedication Fees. Before a building permit is issued for the Project, RLND shall pay to the City a cash payment in lieu of school land dedication, for the Project's two (2) free market residential units and eight (8) Affordable Housing Units, in the total amount of $36,102.90. 3.16 Park Develoament Impact Fee. Before a building permit is issued for the Project, RLND shall pay to the City a park development impact fee in the total amount of $58,315.95. 3.17 Street Impact Fee. Before a building permit is issued for the Project, RLND shall pay to the City a street impact fee in the amount of $ 7,950.00, which is equal to the cost of placing a 2-inch asphalt overlay over half the width of Galena Street along the frontage of the Project to Durant Street. This payment is being made in lieu of returning Galena Street to an acceptable condition following construction of the Project, as provided in Paragraph 5 of Section ] 1 of Ordinance No. 30. 3.18 Storm Water Drainage Svstem Fee. Before a building permit is issued for the Project, RLND shall pay to the City a fee in the amount of $ ]72,000.00 as a contribution toward the cost of improvements to the City's storm water drainage system, and the City shall deposit the funds in a separate account for such purpose. In the event the City has not expended the funds for such purpose within 5 years following the Hate of this Subdivision/PUD Agreement, the storm water drainage system fee shall be refunded to RLND together with 4 percent interest (non-compounded) accrued from date of payment to date of reimbursement. 3.19 Work in Public Right-of-WaY• RLND shall first obtain the approval of the appropriate City Department before commencement of any work within a public right-of-way. 3.20 Damage to Public Rights-of-Wav. RLND shall repair any public right- of-way damaged during construction of the Project prior to issuance of a Certificate of Occupancy for the Project, excepting damage to Galena Street covered by the street impact fee provided for in Section 3.17 above. RLND shall be responsible for the restoration of any sections of Galena Street to pre-disturbance condition in order to receive an overlay. 3.21 Construction Hours. Construction activity within the Property shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. No construction activity shall be permitted on Sunday. 3.22 Construction Management Plan. All construction activities on the Property shall comply with the Construction Site Management Plan and Parking Plan submitted by RLND to the City concurrently with the building permit application. 11 IIIIIIINI~~~Ilflll>IIN~IIIII~IIII~nIII IIIIII III IIII 090D 000 4301 3.23 Imarovement Districts. On behalf of itself and any future owners of the Property and all interests therein, RLND agrees to join any future improvement districts that may be formed for the purpose of constructing improvements that benefit the Property under an assessment formula. 3.24 Condominium Mao. Upon substantial completion of construction of the Project, RLND shall submit a Condominium Map to the Community Development Director for review and approval. During the period of vested rights described in Section 2.3 above, the Condominium Map shall be reviewed under the applicable provisions of the City's Land Use Regulations in effect on October 25, 2002 (the date of submission of the Project's conceptual PUD application), which provisions are attached hereto as Exhibit A and made a part hereof by this reference. Following expiration of said vesting period, the Condominium Map shall be reviewed under the then-current condominiumization requirements of the Aspen Municipal Code. The condominiumization of the Project shall be accomplished prior to the closing of the sale of any Fractional Interest or Free Market Residential Unit in the Project. 3.25 Van Service. The Association shall provide 24-hour van service to owners and guests of the Project. 3.26 License to Use Dean Avenue for Construction StaBinE. City hereby grants to RLND a license to use so much of Dean Avenue adjacent to the Project site as may be necessary from time to time for construction staging in connection with the Project. In consideration thereof, within twenty (20) days following the end of each calendar month in which Dean Avenue is used for staging, RLND agrees to pay to City the sum of $1.25 per square foot per month for each square foot of Dean Avenue actually used for staging during said month, prorated for the number of days of actual usage during said month. 3.27 Ownership and Maintenance of Common Elements. Under the terms of the Declaration, all portions of the Project other than the Units (as defined in the Declaration) are Common Elements. The Common Elements are owned in common by the owners of the Units and of the Fractional Interests, in the undivided interests described in the Declaration, and the Association is responsible for maintaining, repairing, improving, restoring and replacing the Common Elements, including any Limited Common Elements and Common Furnishings. 3.28 Roo[ Plan. RLND shall limit the rooftop mechanical equipment in the Project to the equipment depicted on the Roof Plan to be recorded as part of the Final PUD Development Plan, shall screen such equipment as shown on the Roof Plan, and shall use non-reflective roofing material. 3.29 Pre-Construction Meetine. Prior to submitting an Application for the Building Permit for the Project, a meeting shall be held among the fallowing parties: RLND, the Project Architect, the Project Planner, the Prime Contractor, a City Staff Planner, a Community Development Engineer, a Zoning Officer, and a Building Official/Plans Examiner. The purpose of the meeting shall be to identify the approving 12 IIryryII'~'~ II~i I IIIIII VIII IIII,I Ili~l IIII IIII, IIIIIII IIIbIII~ IIf IIII 6 90 D 0.000 4301 SILVIR DRVIS PITKIN COUNTY CO Ordinance and any amendments thereto, identify conditions of approval, identify the timeline for Final Plat and Subdivision/PUD Agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss the responsibilities of all parties in obtaining permits, changes, etc., and review the Building Department checklist. ARTICLE IV A. SUBDIVISION IMPROVEMENTS 4.1 Prior to the issuance of a Certificate of Occupancy for the Project, RLND shall accomplish the following subdivision improvements, all as depicted and described on the Final PUD Development Plan and other related documents that are attached to or recorded concurrently with the Final Plat: The utility and street surface improvements identified on the "Costs Estimate for Proposed Public R.O.W. Improvements" dated February 15, 2005, and the "Site Cost Estimate for Dean Avenue and Galena Street Improvements" dated February 14, 2004, copies of which are attached hereto collectively as Exhibit B. The aggregate estimated cost of such improvements is $819,589. 4.2 Before a building permit is issued for the Project, a construction schedule for the above-described improvements shall be submitted to the City Engineering Department, and all applicable right-of-way permits and licenses must be obtained. 4.3 RLND shall complete the landscaping of the Property and the Dean Avenue right-of-way in accordance with the Planting Plans no later than six (ti) months following the issuance of a Certificate of Occupancy for the Project. RLND shall be responsible for ensuring the success of all landscaping installed pursuant to the Planting Plans for a period of 2 years following the date of installation, and shall replace any landscaping that fails during such 2 year period. RLND or its successors or assigns shall have the right to plant additional native vegetation within the Residences at Little Nell Subdivision/PUD, as it may consider appropriate from time to time, without further approvals being required. The estimated cost of such landscaping improvements (including 2 years of maintenance thereof) is $321,038, as set forth on the Landscaping Cost Estimate attached hereto as Exhibit C and made a part hereof by this reference. 4.4 The estimated costs set forth in Sections 4.1 and 4.3 above shall be updated to 2005 dollars (or the year in which construction commences) at the time of building permit submittal, and the updated cost estimates shall be submitted to the City Engineer for review and approval. B. FINANCIAL ASSURANCES In order to ensure construction and installation of the subdivision and landscaping improvements described in Section A above, and to guarantee 100 percent of the current estimated cost of the subdivision improvements ($819,589, updated as above required) and 125 percent of the current estimated cost of the landscaping 13 © ~ ~uul 510210 IIIIIIIIIIIIIIIIIIIIIINI VIIIIIIIINIIIIIIIIIIIIIIN X917 D20 ~ 4301 improvements (including 2 years of maintenance thereof) ($401,298, updated as above required), RLND shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of $1,220,887, updated as above required. Said letter of credit shall be provided to the City prior to the issuance of a building permit for the construction of the Project, shall be in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default by RLND, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such letter of credit is released to RLND. Provided, however, that RLND shall be given fourteen (14) days' written notice of default (and the right to cure during said period) prior to the City's ability to make a draw under the letter of credit. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of RLND shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, twenty-five percent (25%) of the $321,038 estimated cost thereof (as updated), or $80,260 (as updated), shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. A Maintenance Bond, valid for two (2) years from the date of acceptance of all right-of-way improvements by the City Engineer, shall be provided to the City Engineer in the amount of $819,589 (updated as above required), prior to any reduction in the amount of the letter of credit for costs associated with right-of-way improvements. It is the express understanding of the parties that compliance with the procedure set forth in Article V below pertaining to the procedure for default and amendment of this Subdivision/PUD Agreement shall be required with respect to the enforcement and implementation of these financial assurances and guazantees to be provided by RLND as set forth above. ARTICLE V NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that RLND is not acting in substantial compliance with the terms of this Subdivision/PUD Agreement, the City shall notify RLND in writing specifying the alleged non-compliance and asking that RLND remedy the alleged non-compliance within such reasonable time as the City may determine, but 14 ,,„. I{ II Iuu'I 510210 II~IIII~iIiII~IIIINIInnI~INIIN~~IIIIIIIIIIIIIIIII 03917/~Z0000 4301 not less than 30 days. If the City determines that RLND has not complied within such time, the City may issue and serve upon RLND a written order specifying the alleged non-compliance and requiring RLND to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, RLND may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision/PUD Agreement should be granted with respect to any such non- compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order ofnon-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that anon-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Subdivision/PUD Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if RLND demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of RLND, despite good faith efforts on its part to perform in a time]y manner. ARTICLE VI PRIOR APPROVALS AND INSTRUMENTS 6.1 Plat of Tippler Townhomes Subdivision recorded November 25, 1998 in Plat Book 48 at Page 3. 6.2 Subdivision Agreement for Tippler Townhomes Subdivision recorded November 25, 1998 as Reception No. 424875. 6.3 Resolution No. 98-06 of the Aspen Planning and Zoning Commission recorded April 10, 1998 as Reception No. 415473, approving the proposed off-street parking plan for the Tippler Townhomes Subdivision. 6.4 Ordinance No. 6 (Series of 1998) of the Aspen City Council adopted May 26, 1998, granting final subdivision approval for the Tippler Townhomes Subdivision. 15 ~~. IpII N ~pI Nn IryI ~nI 510210 ~IIIIIVIIIIhIIiVIIIIIIIIIII,IIIIIIIIII~.IIIIIIIIIII 00917D20 00 4301 6.5 Resolution No. 66 (Series of 2000) of the Aspen City Council adopted May 22, 2000, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26, 2003. 6.6 Resolution No. 17 (Series of 2003) of the Aspen City Council adopted February 24, 2003, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26, 2005. 6.7 Condominium Plat of Tipple Lodge recorded April 2, 1980 in Plat Book 9 at Page 22. 6.8 Condominium Declaration for Tipple Lodge recorded April 2, 1980 in Book 385 at Page 883. 6.9 Subdivision Exemption Agreement (Tipple Lodge Condominium) recorded October 29, 1979 in Book 378 at Page 294. 6.10 Ordinance No. 23 (Series of 2003) of the Aspen City Council adopted lone 23, 2003, approving the expansion of the Tippler Townhomes Subdivision onto the Tipple Lodge property. 6.11 Plat of Tipple Woods Subdivision recorded March 23. 1959 in Ditch Book 2A at Page 250, as amended by Subdivision Exception Plat recorded February 14, 1984 in Plat Book 15 at Page 86 (collectively the "Plat"). Plat to be vacated, and new Plat of Tipple Woods Subdivision to be recorded, depicting remaining 3 Lots in Subdivision. 6.12 Agreement of Second Amendment and Restatement of Protective Covenants of Tipple Woods Subdivision recorded November 11. 1971 in Book 259 at Page 245. To be restated and amended in their entirety to reflect 3 remaining Lots in Subdivision. 6.13 Condominium Map of Tipple Inn Condominiums recorded in Plat Book 3 at Page 82, as amended and supplemented. 6.14 Condominium Declaration for Tipple Inn (A Condominium) recorded May 10, 1966 in Book 220 at Page 318, as amended by recorded First through Fourth Supplements, and by Consent to Amendment of Declaration and Map recorded in Book 262 at Page 227. 6.15 Other recorded and unrecorded documents and instruments affecting title to the Property. ARTICLE VII GENERAL PROVISIONS 7.1 The provisions hereof shall be binding upon and inure to the benefit of RLND and City and their respective successors and assigns. 16 IIIIIIIIIIIIIINIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIN 09°~0°~:':aI SILVIR DRVIS P2TKIN COUNTY CO R I66.® 7.2 This Subdivision/PUD Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 If any of the provisions of this Subdivision/PUD Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision/PUD Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 This Subdivision/PUD Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. RLND, its successors or assigns, may, on its own initiative, petition the City Council for an amendment to this Subdivision/PUD Agreement or for an extension of one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. 7.5 Numerical and title headings contained in this Subdivision/PUD Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 7.6 Upon execution of this Subdivision/PUD Agreement by all parties hereto, City agrees to approve and execute the Final Plat and to approve the Final PUD Development Plan and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fees by RLND. 7.7 Notices to be given to the parties to this Subdivision/PUD Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 RLND: Aspen Land Fund LLC, Managing Member Attention: Brooke Peterson 302 East-Hopkins Avenue Aspen, CO 81611 With Copy to: Arthur C. Daily, Esq. Holland & Hart L2.r 17 A 600 East Main Street Aspen, CO 81611 7.8 This Subdivision/PUD Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 7.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their respective successors, grantees or assigns. IIIIIInIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 9OD 00~@430] 18 .-~ IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: City of Aspen, Colorado, a Colorado municipal corporation By: , G~~~~ Mayor 20 'I Attes : i, Kathryn S. Ko ,City Clerk APPROVED AS T~~O~~ F~~O,,~~R..M: i ~~Q~( Jo~ie~er, City Attorney RLND: THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company By: Aspen Land Fund, LLC, a Colorado limited liability company, Managing Member By: CWA Development, LLC, a Colorado limited liability company, Manager y: Five ~ s, C, a Col rado limited liti y any,~M tuber By: a III~IIIIIIII~INNIIIIIIII~IIINNIIIIIIIIIINIIIll.~9°~0~~ 43a, And By: Centurion Partners Aspen, LLC, a Colorado limited liability company, Member By: Centurion Partners, LLC, a California limited liability company, Manager By: ~Lcai Scot Matteson, Managing Member 18 I~~IIIIVIIIBIN~III~IIIIIUi~IIIII~ III IIII~II II IIII 090D 000 4301 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Mike mith, Managi g Member And By: Westpac Colorado LLC, a Colorado limited liability company, Member -~: B'~:~----~1"/ Patric N. Smith, Manager The fore oin instrum w c wle,g~¢ _befo a me this ~ Ada of g , 2005, by ~u~CR'M~yoy'~a id~ry~ och as City Clerk of th City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. ~?~~•°P~,' n:: • •. .,1 `.• My commission expires: ~`~ I'rl Z~~' 1 ,IACKIE Public STATE OF COLORADO ) ss. COUNTY OF ~ITY1~ 1 The foregoing instrument was acknowledged before me this ~ day of 2005, by Brooke Peterson, Manager of Five Rocks LLC, a Colorado limite liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability , company, Managing Member of The Residences at Little Nell Development, LLC, x%~.. Delaware limited liability company. _; ~ ~~ Ica "-. aQ `- Witness my hand and official seal. ' ~ ,.~' ,. ~ o 0 ~"' r ~iY,~F` ~` ~, qI~~+I~~ :.:~ My commission expires: ~`~. ti e Notary Public A S ~ Q~ leoo~. n1A1N 19 ..~. ~,~ STATE OF Lll~l-~faru~ R ) ss. COUNTY OF ~h9-au~c... ) The foregoing instrument was acknowledged before me this ?g day of 2005, by Scot Matteson and Mike Smith, Managing Members of Centurion Partners LLC, a California limited liability company, Manager of Centurion Partners Aspen, LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware limited liability company. Witness my hand and official seal. Mgcommission expires: ylltr ' s7ePrtEN 1=c~r r CaeMeWIOP s ts~siil Notary Public. G1Mem4 onrga Guab' My Coirrn. F~ima Mlarz, zoos 21 200 Notary blic STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2005, by Patrick N. Smith, Manager of Westpac Colorado LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public illldlMMNIINII 3188793_~4S~DOC 51021© Page: 21 of 33 05/17/2005 04:01 00 D 0.00 20 ... © '^' STATE OF CALIFORNIA ~ ) )55. COUNTY OF SANTA BARBARA ) On this 28`" day of April, 2005, before me, the undersigned, a No- tary Public in and for said State, personally appeared PATRICK N. SMITB, personally known to me (-°- ~ ~~ - f'~ - ) to be the person(.a•) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/a}Se/tkey exe- cuted the same in his/bet/t~+eir authorized capacity(ies), and that by his/hzr/i-heir signature (3) on the instrument the person(s), or the en- tity upon behalf of which the person(-sj acted, executed the instru- ment. OPITN893 my hand and official seal. LEANNE ~~ a ~~~an-w a U~-t.- 0 y~~C~AE~ ,,,,~,~Q( Notary Public i an for id State oooooouoow ~s' "- NOTE: Attached to Subdivision/PUD Agreement for the Residences at Little Nell Subdivision/PUD undated re "Little Nell". IIIIIII~IIIIIIIIINII~IVIIIIIINNIIIIIIIIIiIIIII 059oz~©e 4301 ,,•, '~ t I IIIIII VIII VIII VIII IIII (IIII IIIIIII III IIIIIII II IIII 5 9 ~~~0f 04301 SILVIR DRV75 PITKIN COUNTY CO R 166.00 D 0.00 CONSENT OF MORTGAGEE The undersigned, being the holder of two liens on portions of Lot 1, The Residences at Little Nell Subdivision/PUD pursuant to Deeds of Trust recorded as Reception Nos. 469347 and 500220 in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to and approves the recording of this Subdivision/PUD Agreement, and hereby subordinates the liens of said Deeds of Trust to the matters set forth herein. Dated this) day of May, 2005. Alpine Bank, Aspen By: D -,-~ Its: k iii STATE OF COLORADO ) ss COUNTY OF PITKIN ) The forego Consent of Mortgagee was acknowledged before me this S day of May, 2005, byaa 7 /I , fs~ as _/_'_c < < ~ f = of Alpine Bank, Aspen, a Colorado corporation. Witness my hand and official seal. My commission expires: //,I ~~D,j N ary Public 7374870_LDOC 8 ( ,~. -~ .~ IIIIIIIIAIIIIIII IIIIIIIIIIIII IIIII~IIIIII I IIIIIII 8 90nee0~srea3et ~ E~ BIT SILVI{i D{IVIS PITKIN COUNTY CO R 180.00 O 0.00 26.80.090 Condominiumization. .4. General Where a proposed development is to include a condominium Yorm of ownership. or ifan existins development is to be converted to a condominium form of ownership. in whole or in part, a condominium subdivision plat reflecting all condominiumized units, or that portion ofthe development [o be condominitunized, shall be submitted to the Community Development Director Tor review and approval as a subdivision pursuant to the terms and provisions of this section. B. Procedure. A development application for a condominiumization shall be reviewed and approved. approved with conditions, or denied by the Community Development Director, pursuant to the proce- dures and standards in this section and Common Development Review Procedures set forth at Chapter 26..04, No condominiumization shall be approved by the Community Develop- ment Director unless compliance with al] application portions of this Section, applicable portions of this Chapter, and applicable portions of this Title are demonstrated. 1. Contenzs ofApalication. The contents of a development application for a condominium or condominiumization shall include the following: a. The general application information required in Common Development Review Pro- cedures set fonh at Section 26.304.030. b. A condominium subdivision plat drawn with permanent ink on reproducible mylaz. Sheet size shall be twenty-four (24} inches by thirty-six (36) inches with an unencumbered mazgin of one and one-half (1-1/2) inches on the left hand side of the sheet and gone-half (1/2) inch mazgin around the other three (3) sides of the sheet. It shall include: (1) Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be det7ned by the radius, central angle, tangent, atc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control sur- vey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). (2) The plat shall be drawn at a scale of one (1) inch equals one hundred (1001 feet or lazger. Architectural scales are not acceptable. If i[ is necessary to place the plat on more than one (1) sheet, an index shall be included on the fast sheet. A vicinity map shall also appear on the fast sheet showing the condominium project as it relates to the rest of the city and the street system in the area of the proposed condominium. (3) A description of all survey monuments, both found and set, which tnazk the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. (4) A statement by the land surveyor explaining how bearings, if used, were deter- mined. (5) A certificate by the registered land surveyor as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Re- vised Statutes 1973, Title 38, Article, S1, as amended from time to time. (6) A certificate by a corporate Title insurer, that the person or person dedicating to the public the public rights-of-way, areas or facilities as shown thereon aze the owners thereof in fee simple, free and cleaz of all liens and encumbrances. (7) Certificates showing approval of the final plat by the City Engineer and Commu- nity Development Director. (8) A certificate of filing for the Pitkin County Clerk and Recorder. (9) Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time. 2. Recordation. The approved condominium subdivision plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Dtrector. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Di- rector shall render the plat invalid and a new application and approval will be required. 3. Subdivision Agreement. No subdivision agreement need be prepazed or entered into be- tween the applicant and the city pursuant to a condominium or condominiumization approval unless the Commutty Development Director determines such an agreement is necessary. 4. Minimum Lease Deed Restriction. Vlinimum lease deed restrictions imposed by the City Council as a condition of condominiumizadon approval prior to July 1, 199?, shall only be modified or removed with the consent of the Ciry Council. (Ord. No. »-?000, § I?) IIIIIII~IIIIIIIIVIIIIIIIVIIIIII~iIII~IIIIIIIIIIIII 0 91070 ©0 4307 z 'm ~° m 7 NN ~ N f cD H a Q 9 a w IL d a O ~ M 0 8 oPi r0 N ~ (f ~ 00 00 8 1~ A O ~ ~ ~ a N q A H h N M ~ M N M VV M O H M tpp t N M N N 1•~~ 1• ' M O NN M fA N N F- Q O N N pp O S O O O ~ pp O p O pp O p S ~ S pp O pp O H b O O n O y ~ a p _0 0 ~ p 0 10 O 0 ~ R 0 h a C p 0 N B 0 p 0 N p p N H a y O N ~ ppp N y O M C ~ ~e tO0 H O N 0 E U N ~3 N ~ Ny N N y ~ ~y N N ~ H M H ~ S ~ N »>q a P d . E ~ ~ ~ E rn E N j E m J J 0 J ~~pp w N L N w N d ~ ~ ~ {p w q 0 J C Ul CJ ~ ~ ~ ~ J N y F ; q N ~m J C ~ ~ O p fA ffll7i ~ O M N N N N 1~ Y N ~ ~ l"f N N V h ~ O p O N O O N O W l j O r W C9 C W > 8 c B Q ~ m w N ° ^ > E 8 ~ m SR ~ Q n w v w 8 $ o v m m a°~i c h b ap ~ n ~ ~ ~ < d ~ ' E c ~ ~ ~ ~ m ?: o ~ ~ ° ~~ !! $ Q ~ o B E _ ~ Q $ ~ g, p ~ c .w m w x ~ y u~ E ~ ' m m E u ~ m z °~ g ~ E Bo 3 w ~ d t ~ 8 w c $ i ~ w ~ ~ ~ a~i 8 w ~ = c ~ rd a Q L 9 O c 0 C O ~ ~ ,w ~ c T S c ~ y w ~ 0 C € 7; ~ C W m N ~ N 'S N ' N C ~ ~ 41 O f~ ~ N Ci 8 _o E $ E g w ~ ~ L c x w E w . ~ v 's ~ gg A > ~ ~ ~ ~ $ .. a m yQ 2S w w U o ~ f7 ~ ~ o w c c E E c ~ ~ w = c A ~ p ~ p w o w ` ~ C ~ ~ q 3 m U F9 ~ tJ L '~ ; N U a w w c ~ a z ci z z a o ~ c, u'f ~ E f w ~ E z z u~ s a 7 o ~ N ,~ m ~ ~' o ~ y A E ~ ~ E ` ~ w 3 vR m H IIIIIIIIIIIIIINIIIIIII~IINllllllllllilllllllllllni 0;0200'6:':01 SILVIR DiW15 PITKIN COUNTY CO R 166.00 D 0.00 O w E u ~o 3 °1 ~ p O1~o .°1 c a ;= , E € ~ g ~a _~~ a ~ ~ g ~ m ~ d L ~' ~n m ~ a ;y E a $ _w > ~ 8 gw as w w E `~ $~~~ ~ N `a.s Residences at L1tUe Nell -Dean Avenue and SITE COST ESTIMATE Galena Street Improvements Date: 2.14.04 Attn: Sunn Vann Prepared for: Prepared by: SS CWADevelopment, LLC Checked by: SS Desi n Worksho UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT SCHEDULE 1302-5400 $ITE •UTILITY' -ELECTRICAL 5600 Ornamental Street Light 12 Each $3,500.00 $42,000.00 5600 Recessed Wall andlor Stair Light 34 Each $300.00 $10,200.00 TOTAL SCHEDULE 002-5000 552,200.00 SCtiEDUt.E 002.6400 SITE DRAINAC3E AND CONTAINIIMENT 6300 Storm Drains and Drop Inlets (includes trench drain) 2 each $1,600.00 $3,200.00 TOTAL SCHEDULE 002000 $3,200.00 I IIIIII VIII VIII VIII IIII VIII IIIIIII III IIINII II IIII 049 m z 0004391 Residences al Liple Nell Dean Avenue Improvements Cost Estimate Page 1 ,•^v Residences at Little Nell -Dean Avenue and SITE COST ESTIMATE Ga/ena Streetlmprovements Date: 2.14.04 Attn: Sunn Vann Prepared for. Prepared by: SS CWA Development, LLC Checked by: SS Desi n Worksho UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT SCHEDULE 002~70f10 RAVEMENT AND CUR68 7200 Concrete Curb and Gutter 641 L.F. $15.00 $9,615.00 includes base complete in place 7200 4' Concrete Valley Plan includes base complete in place 7300 Concrete Slab (w/scoring) 7300 Color Concrete (w/ scoring) 7300 Endicott Brick Pavers 7300 Granite Pavers 7300 Calor Concrete Stairs w/ Snowmelt backfill complete in place 185 L.F. $6.75 $1,248.75 401 S.F $4.00 $1,604.00 2,719 S.F. $8.00 4,850 S.F. $11.25 2,292 S.F. $25.25 338 L.F. $146.00 7400 Concrete Sub Slab 10,080 S.Y. $2.60 $26,208.00 7400 6" Class 6 Crushed Rock Course 394 C.Y. $27.50 $10,835.00 TOTAL SCHEDULE 002-7000 $231,724.50 I IIIIII IIII ~IIIII IIIII IIII IIII, II~I~IIII IIIIIII II IIII 09OD 000004301 Residences at LiUle Nell Dean Avenue Improvements Cost Estimate 752.00 $54,562.50 $57,873.00 $49,275.00 Page 2 Residences at Little Nell -Dean Avenue and SITE COST ESTIMATE Galena Street Improvements Date: 2.14.04 Attn: Sunn Vann Prepared for: Prepared by: SS CWA Development, LLC Checked by: SS Desi n Worksho UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT SCN[e DGLE 002:BtiDO SITE+tMFROYF.NEENTS 6300 Handrails 8400 Site Walls-concrete on grade 8500 Planter Pots (Medium to Small) 8500 Benches 8500 Trash Receptacles 8500 Bicycle Racks 8500 Art Element 8500 Pedestrian Bollards 223 L.F. $55.00 $12,265.00 362 S.F. $40.00 $14,480.00 12 Each $400.00 8 Each $2,500.00 3 Each $750.00 $4,800.00 $20,000.00 $2,250.00 6 Each $500.00 1 Each $10,000.00 4 Each $500.00 $3,000.00 $10,000.00 $2,000.00 8500 Iron Trunk Guards 0 Each $500.00 $0.00 8500 Iron Tree Grates 12 Each $500.00 $8,000.00 TOTAL SCHEDULE 002-8000 $74,795.00 I IIIIII VIII IIIIII IIII IIIIN~IIIIIIIIII ~IIIIIII IIII a 902~~r 04301 SILVIR DRVIa PITKIN COUNTY GO R 166.00 D 0.00 Residences at Liltle Nell Dean Avenue Improvements Coat Estimate Page 3 t~ Residences at Little Nell - Daan Avenue and SITE COST ESTIMATE Galena Street Improvements Date: 2.14.04 Attn: Sunn Vann Prepared for: Prepared by: SS CWADevelopment,LLC Checked by: SS Desi n Worksho UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT SCHEDULE 002=8100 LANDSCAPE IRRIGATtQN 9200 Irrigation: a. Irrigation Coverage 412 S.Y. $18.00 $7,416.00 b. Irrigation Sleeving 475 L.F. $6.00 $2,850.00 TOTAL SCHEDULE 002-9100 $10,266.00 SCHEDULE 0156000 MECHANICAL: SYSTEMS 6100 Slab Snowmelt System 9,450 S.F. $15.00 $141,750.00 TOTAL SCHEDULE 015-6000 $141,750.00 ''uuNNII IINNIIII'' IIuu1NN Iuu' I 510210 III,IIIIIIIII~~II~IIIII~ItI IIIII~I llllll/III~IIIII 009170 0a 00 4301 51 Residences at Little Nell Dean Avenue Improvements Cost Estimate Page 4 ... ~»~ Residences at Llttle Nell -Dean Avenue and SITE COST ESTIMATE Galena Street Improvements Date: 2.14.04 Attn: Sunn Vann Prepared for: CWA Development, LLC Prepared by: Checked by: SS SS Desi n Worksho UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT PROJECT SUMMARY SCHEDULE 002-5000 SITE UTILITY -ELECTRICAL $52,200.00 SCHEDULE 002-6000 SITE DRAINAGE AND CONTAIN MENT $3,200.00 SCHEDULE 002-7000 PAVEMENT AND CURBS $231,724.50 SCHEDULE 002-8000 SITE IMPROVEMENTS $74,795.00 SCHEDULE 002-9100 LANDSCAPE IRRIGATION $10,266.00 SCHEDULE 015-8000 MECHANICAL SYSTEMS 141 750.00 TOTAL CONSTRUCTION COSTS $513,935.50 CONTINGENCIES (15%) $77,090.33 TOTAL PROJECT COST $591,025.83 `` I I 510210 II~IIIIIIIII~I~II~~II {IIIIIII~IIIII Residences at Little Nell Dean Avenue Improvements Cost Estimate III~IIIIIIIyN' PITK IN COUNTY OO R 166.00917D 0000 4301 Page 5 D ~, Residences at Little Nell -Dean Avenue and SITE COST ESTIMATE Galena Street Improvements Data: 2.14.04 Attn: Sunn Vann Prepared for: Prepared by: SS CWADevelopment,LLC Checked by: SS Desf n Worksho UNIT ITEM ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT THIS COST ESTIMATE WAS BASED ON THE FOLLOWING ASSUMPTIONS: The prices do not include any rock excavation or existing site demolition. The prices used in the estimate are 2003 construction prices, and reflect summertime constructic conditions. All quantities are preliminary and are subject to change upon completion of final construction drawings. All prices include supply and install by Contractor I IIIIII ~I III II VIII IIII III I IH00I III I I I ICI III 0591~7/'20e5r04301 SILVIR DRVIS PITKIN COUNTY CO R 108.00 D 0.00 Residences et Little Nell Dean Avenue Improvements Cost Estimate Page 6 .~•. MleMWMNrrnMq c.rme«pu. mmrmNr IOY {IW IMrYYYNi uwmm N.Iw~my plnl~m FMMIMI mMN Lupiw Npnhrw Juspwu+cvmnWr hAM OVYN'Mb' AtlvmMerYn IlYrmm~M~+ {IruunYwlY iW NyW'BMmrn' AWiphtwulN rvmw rNIvA.YN NwM~n BrpMCNry 6pNw GU1rMM Radry MwNin PawNmen SMr lupM CRmRn.Fnpr Mliw Fxcw YMRI Rbp~N'HCp! 9wFW BAwY OrNR SN Lus BNMN VAINIpmN MIIEr MNM111YMNV~N Rmky MamNln FNw SY~mp BLMprN~ Rairy MOmWnGWroYa LnolxwU CaNep11L RMWp DeP~a O VtlU4 JRQER ~Ct[DDORIE! lOL RIPRP/EMBlIE(~O1 wNe *m+l 306.U0 ' W 9mtlllolbm MIrERSOC MUb1111O1 cubk Na(b) ~9O.W r m..Np pr rpwnatlwm ,~~IIIN', ',ryII N aueroTu I (VIII VIII „II.I VIII IIII INII IIIIIII III INiI IIII IIII 059 ®/'40005(04301 R~" SILVIR DRVI6 PITKIN COUNTY CO R 188.00 D 0.00 EXHIBIT G ReslGnrn a<LHGe Nsll lanE~cLVIRY CMI Esgm~Y BilYNMbn ImpevNiwnt~p~wrmm ... ..~ ~.. ,~ ~~~gt VANN ASSOCIATES, LLC ~,;~a; ~~ ~'~ Planning Consultants () ~~~~a~Uti,~ „ ~~. ~,. March 6, 2009 'l ~t (~ 'ry i,PMFNi HAND DELIVERED Ms. Jennifer Phelan, Assistant Duecior Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Residences at the Little Nell Subdivision/PUD -Signs in Public Right-of- Way Application Dear Jennifer: Please consider this letter an application for Ciry Council approval to locate several free standing signs within a portion of the Dean Avenue right-of-way (see Eachibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.510.110. A. of the Aspen Land Use Regulations (the "Regulations") by The Residences at Little Nell Development, LLC (hereinafter "Applicant"), the owner of the property (see Exhibit 2, letter from Brooke A. Peterson). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. Aland use application form and an application fee agreement are attached as Exhibits 4 and 5, respectively. Background In October of 2008, the Applicant submitted an application for an insubstantial PUD amendment to establish a Master Sign Plan for The Residences at Little Nell Subdivi- sion/PUD. The Application also requested approval for the issuance of the required sign permit for the project. The Community Development Department determined that a PUD amendment was required as the project's original PUD approval did not address signage. The proposed signage for the project was designed by Yaseen Design Studio pursuant to their understanding of various provisions of Section 26.510.130.D. of the Regula- tions which regulate commercial signage. The Master Sign Plan was based on the aggregate allowable sign area for each street frontage which was apportioned such that 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 r^ ... Mr. Jennifer Phelan March 6, 2009 Page 2 each use or tenant within the building was allocated an identified amount of permitted sign area. While the Community Development Department has determined that the majority of the project's proposed signage complies with applicable regulatory requirements, they have concluded that several free standing signs which are proposed within a portion of the Dean Avenue right-of--way are prohibited pursuant to Section 26.510.040.B. which prohibits so-called "off-premises" signs. The staff has taken this position notwith- standing the fact that the City has previously granted the Applicant an encroachment license for portions of the project where the free standing signs are situated (see Exhibit 6). The encroachment license was acquired to accommodate the entry steps which provide access to the portion of the building containing its Dean Avenue commercial spaces and various landscape planters located adjacent thereto (see Exhibit 7). These commercial spaces, and the adjacent pedestrian arcade and landscaping, were an important component of the project's approval as they were designed to enhance and revitalize the adjacent Dean Avenue pedestrian walkway. While the encroachment license was clearly intended to accommodate these project features, it does not specifically address the inclusion of signage within the encroachment area. Proposed Free Standing Signs As Exhibit 7 illustrates, five (5) free standing signs are proposed within the previously approved landscape planters and the encroachment license area. No further encroach- ment into the Dean Avenue right-of-way is proposed. The signs, which are depicted on Exhibit 8, all comply with applicable design guidelines, and are intended to provide convenient identification. of the project's five commercial storefronts which abut Dean Avenue. The signs are designed to be easily viewed at pedestrian level from Dean Avenue as the actual storefront entryways are situated several feet above the street. By locating the signs at street level and perpendicular to the building, the commercial uses will be more readily identifiable to Dean Avenue's pedestrian traffic. Review Requirements Section 26.510.110 of the Regulations provides various criteria for signs within the public right-of-way which, if met, do not require Ciry Council approval. In general, the criteria address such signs as banners and flags and other temporary displays. Signs which do not comply with these criteria are subject to Council approval. As the Applicant's proposed free standing signs have been designed to comply with the City's requirements governing commercial signage, the principal issue for Council would ..~-, -. 4~ Mr. Jennifer Phelan Mazch 6, 2009 Page 3 appear to be whether the signs in question aze appropriate within the Dean Avenue right-of--way. As noted eazlier, a major component of the Residence at the Little Nell project was the revitalization of the Dean Avenue pedestrian corridor through improvements to the streetscape and the inclusion of new commercial streetfront uses. Both of these objectives are being met with this project. The cost of the strcetscape improvements, which are substantial, have all been borne by the Applicant. The proposed free standing signs are a key component of these improvements, and will significantly help to enhance the viability of the adjacent commercial uses due to increased visibility. Inasmuch as the proposed signs aze to be located within an area of the Dean Avenue right-of-way for which the City has previously granted an encroachment license to accommodate various project elements, it is reasonable to conclude that they do not constitute "off-premises" signs for purposes of this application. I have discussed the proposed free standing signs with the City Engineer who is prepared to issue an encroachment license therefor subject to the Parks Department's signoff that they will not adversely affect any adjacent landscaping installed by the Applicant. Sufficient room exists within the planters to accommodate both the proposed signage and the trees installed therein. Should you have any questions, or require additional information, please do not hesitate to call. Yours tmly, LLC cc: Brooke A.Peterson d:\oldc\bus\ci[y.app\app52708.cc1 SV:cwv ~,"^ i, ,. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY EXHIBIT PLANNER: Jennifer Phelan, 429-2759 DATE: 12/03/08 PROJECT: Residences at the Little Nell, Dean Street REPRESENTATIVE: Sunny Vann TYPE OF APPLICATION: Signage request in public right of way -Minor Application DESCRIPTION: The Applicant would like to be permitted to locate signage associated with the commercial businesses to be located within the Residences at the Little Nell in the public right-of--way adjacent to the subject property. Currently, the property owner has an encroachment license within part of the public right-0f--way and the signage would be located within the same azea. Although the Applicant has an encroachment license agreement for certain improvements within the rightof--way, off-premise signs aze not permitted (section 26.510.040 B., Billboazds and other off-premise signs) unless approved by the City Council or in compliance with Section 26.510.110 B., Policies Regarding Signage on Public Property. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.510.110 Signs on public right-of-way Review by: -Staff for complete application - Referral agencies for technical considerations - City Council Public Heazing: No Planning Fees: $1470.00. Deposit for 6 hours of staff time (additional stafftime required is billed at $225 per hour) and an Engineering referral of $212.00 Total Deposit: $1682.00 Total Number of Application Copies: 12 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the pazcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summazy. 7. An 8 1/2" x 11"vicinity map locating the subject pazcel within the City of Aspen. 8. Proof of ownership. 9. Existing and proposed site plan, floor plans and elevations, as applicable. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standazds relevant to the development application. 11. All other materials required pursuant to the specific submittal requirements. ... _~ .. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. _, .., - CWA DEVELOPMENT LLC "a• ' ASPEN I NEWPORT BEACH I SANTA BARBARA July 22, 2008 VIA HAND DELIVERY Mr. Chris Bendon, Director Aspen Community Development Department City Hall Aspen CO 81611 Re: Ownershin of Residences at Little Nell Deaz Chris: Please allow this letter to serve as confirmation of the ownership of the following described real property located in Aspen Colorado by The Residences at Little Nell Development LLC ("REND"): Lot 1, The Residence sat Little Nell Subdivision according to the Plat thereof recoded May 17, 2005 in Plat Book 73 at Page 21 in the Office of the Clerk and County Recorder of Pitkin County Colorado. This is the property where The Residences at Little Nell is located. I am an Authorized Signatory for REND and an attorney licensed to practice in the State of Colorado. Should you have any questions, please do not hesitate to contact me. BAP 500 WEST MAIN STREET ASPEN, COLORADO 81671 POST OfFICE BO% 8238 ASPEN, COLORADO 81612 T 1-970-826-3633 f 1.970.925.5295 W W W.CWA•OEVELOPMENT.COM ., February 6, 2009 Ms. Jennifer Phelan Community Development Depaztment 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Phelan: EXHIBIT 2J Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application to located signage for the Residences at the Little Nell in the Dean Avenue right-of-way. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC Brooke A. Peterson Authorized Representative 302 East Hopkins Avenue Aspen, CO 81611 (970) 544-0499 d:\oldc\bus\city.ly\1a52708.jp L ''~ EXHIBIT ~~ LAND USE APPLICATION APPLICANT: Name: ~,yE~/~ss~'//~~it~'~~ 'q'T~-/7fld% /~f.'L~G ~~t/~~r Location: l~C3T"/, /'rGiC,/ ~j'tl/~.i~//~~ (Ind cate street address, lot & block number, legal description where appropriate) ParcellD # (REQUIRED) REPRESENTATIVE: ~ ~ ~ ~ ,~,/ Name: ~:x=~'1R'+' 7 ~Iv ~ fair ~~Cs' Address: 2~~i.~'~ ~~. _ ~QJ/~-v.4/, Gp ~L~~ Phone #: Z~-GSS ~~ ~~~ PROJECT: Name: ]~io /'~.~//~~! '~~ 7~ c:/T~.y~ /y~C~- Address: Phone #: TYPE OF APPLICATION: ^ Conditional Use ^ Special Review ^ Design Review Appeal ^ GMQS Allotment ^ GMQS Exemption ^ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ^ Lot Split ^ Lot Line Adjustment EXISTING CONDITIONS: (deSCI'IptlOn ~~ A'rr°~/~.q~4y PROPOSAL: (description of `~_ Hav ou attached the following? FEES DUE: $ ~-Application Conference Summary Attachment #1, Signed Fee Agreement /~ ^ sponse to Attachment #3, Dimensional Requirements Form [Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ^ Conceptual PUD ^ Final PUD (& PUD Amendment) ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Subdivision ^ Subdivision Exemption (includes condominiumization) ^ Temporary Use ^ TexUMap Amendment ^ Conceptual Historic Devt. ^ Final Historic Development ^ Minor Historic Devt. ^ Historic Demolition ^ Historic Designation ^ Small Lodge Conversion/ Expansion Other: .,,.. -~ EXHIBIT ..i CITY OF ASPEN COMMUNITY DEVELOPMENT Aereement for Pavmeat of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~ ~~«S'~T G/TTr' ~ iS/~L (hereinafter APPLICANT) AGREE AS FOLLOWS:~~~v~~~ f1~ 1. APPLICANT has submitted to CITY an lication for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their heazings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the C[TY 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 de a ation of application completeness, APPLICANT shall pay an initial deposit in the amount of S~which is for 6 hours of Community Development staff time, and if actual recor edd costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner how 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 m no case will building permits be issued unfit all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director g:\su pport\forms\agrpayas.doc 11/30/04 APPLICANT By: Date: Billing Address and Telephone Number: Required 3OZ ~. i~'?~S/.S/S -~ Spa -oQ5'9 EXHIB -~ G ENT LICENSE ~~~~~_ County Recordng Data: L.rcense Numbers .Reception Number:. ~ ~ ... Book Number. ~ Number: _: MS7RtlCTrONS: COMPLETE TF~fOLLOWWC SECTIONS ASflA~LIES TP YOUR REQUEST-'' T1~GS LICENSE ISFOR: p~cpEpcrJ ' - .. - .. , . ^ TEIIOPORARY SHORrTF.RY 000UPATION OF PUBUG ROW FrtOY ~ ~ - • .ro - - - ®TEIPORARY, PERPETi)ATf~ UMiH. REV010aD BYT}~ UfY.. . , .. . 1'El~ORARY FOR PRE-FJOSIED cONDn10N AND FERPENATID UNrIL RE1101~D BYTHE CRY - TlusAgreement made under this dense and entered'mto ths_day of : ~ .200 5 , by and bef~ve~ the Ct1Y OF . ASPEN, ~ County, Colorado, hereinafter referted tD 'ASPEN' and, .. ~~ResTideacAsTnt Litile`Nell- ~ 302 East Hopldne Aveaue, Aspen,'~CO'.81611, . ~W NmJ , :. .. - - . -....Poergp+wrw~menl, ', ~ _.. . _ ~ ' daytime phone number:. 970-544-0499 . hereinafter refened to as'Licensee', : - WHEREAS,Licensee 's the owner of the fo0owing desar'bed properties located in the Cdy of Aspen, Pdkin Couniy, Color~o: SlreetAddress: tEgalAddreSS:Lot'1, The Residences at Little Nell Subdivision/PIID WIIEREA. S, said properties abut the following descried public right(s}of~ray: . 'Dean Avenue - WHEREAS,.Licensee desires tD encroach upon said right-0f-way #or the following purposes arrd as shown and desr~bed e~ Exhr~lit °A". attached io this Lir:ense:: - - ' F.nroacbment of Residences at Little Nell $uilding (2 6b5 sq ft 13nild - eacroacbmept)" WHEREAS, Section 21.04.050 of City,of Aspen Municipal Cade delegates the authority 1n the City Engineer to-grant encroachment icenses, - WHEREAS,ASPEN agrees to the grant of a prorate license of erxxoachment,as butit subject tn~certain Conditions, . ..... .. . THEREFORE, in consideration of the muhral agreement hereurafler contained, ASPEN and Lrcerrsee covenant and agree ~~ foQows: - - - . /: - 01. Arevocable license: is hereby granted io Licensee to oaxlpy, maintain and uhT¢e the above descnbed portion of pirbtic rigfif of-way for the purposes desrxibed: . OZ. This license is granted for a specific use and wdtiin a specified. term as cherdCed: above, subject to being terminated at any time and for any reason at the sole discretion of the Cihr Engineer of the Cittr of Aspen. ' 03. This license shall be subord'mate to the right of ASPEN to use said area for any publ~ purposes: .. 04. Licensee's responsible for the maintenance and repair of the public right-0f-way, together wtih improvemerds constructed therein, wfuch ASPEN,:ui the exerase aF iLs dsaetion, shag detenrwne to be r~essary to keep the same in . a safe and deart condtion. the Licensee sha0 obtacr right-otwav and R~ i~rm~ pia ac ~;~ r,,, x,o re„ ~,t ~~„ I~III III IIu 5 91 ?2005 03:5 R 21.00. D 0.00 r~ , `~-m-'#-~~y..^~+. "t` _ ~ VIII) VIII IIII~I VIII IIII IIIIIII ~IIII III ~IIII III I~~I .0C]59 0 Z®5.03.54 --------..~ v..^~'>'".,:'~a....s~>rx..~z~s'.'"= .e.-.. vs: _ SILVIH: DAMS PITICIN. -.COUNTY CO - < R 23 .00 - - D 0.00. - - ~ ' - - 14: The licensee-waives any and aG daims agaurst the City of Aspen for loss or damage to the irnnprovemer>fs censtructed withiD the enaoachment area. 15: The Licensee dearly understands the topo~ing actions of Licensee or hisfier agents and employees shag automa6caGy tenrunate and cancel this agreement a) DisconSnuatian of Truutance coverage. 6JChange of ownershtp or alteration of use from the original specific use in encroached area - c)Restictlae ofASPEN or its agerds and confractors from access fo ks public knd under the encroached area .... .. notoceupledbyapreyiouslycronsfructedbm7dmg. Under these dreumstances; the Licensee shat restore the righto~way under the encroachment th its original or better conditions immediately and in accordance with .the latest Engineering Department standards for improvements of~PubGc right of way. . ~. IN WITNESS WFlEREOF, the parties executed this agreement atASPEN the day and year fast written. .:.__ _._ __ __- -~ .The Besic}eace~ at Little Nell Development, LLC,.a Delaware limited liability y. _ By:, Aspen Land Fuad'LLC; Coo do ed. liabilit c an to .n mb . ro .-Pete son,. ed Signatory. 7HEFOLLOWING SECTION MUST BE BYA N07ARY PUBUC: STATE OF COLORADO) . )~ , County of PiGcin ) The~foregoing instrument was admowledged before me this . ~~ day of -'Y1'A-h _ . X005 • by Brooke A. Peterson as blhtttprized signatory for Aspen 7:LC, a Colorado limited 3iability comgahy, "M~ri~ggarfg Hember of The Residences at Little Nell Development,'LLC, a Delavarg 3~miiei" ~lity VVIT~JE~S MY HAND AND OFFICIAL SEAL.. _ • <.~ , o . - ~ ~ "• My commission expQes: : a ~ ~~ ~ ~.d ~_ ~~ . ~• .~ - „~ - ~o ~T w~ eaow Tws uff. wR arr use oran APPROVALCONDI730NSp~r/aryl: ..: :,. ~ , i CITY OF ASPEN, COLORADO 8y: soz raw srs~r, sons as 'I ~ ", IIIIIIIIIII~III~IIIIII fN, N N 1 51 m205 __ -- ~I,III~IIII VIII ~I~IIIII Page: 4 of 4 -. SILVIq.Ogy38 PIMINCWNI'y CO ~ 85/17/2005 03:54 - - - .._..-_._ _:_ .. R 21:00 D.. 0.00. _. _. -_ .- - __ -. - PNOPSRS'Y OISC81Pt70N9 Ot: HUILDING ENCROACHMENT AND UTII,ITY ~ ENCROACHMENT - •. PditCBL OF IitN :II'1'D!1'6D IN SSCf10N 18. TO11N588 30 SODiii, ti1RG6 84 •lG4t OF T86 tffiE PBINCIP~3. ' Yt;®336N, CISY Op:63PEN,.~C0I87TY. OFP1TSDt, STl'!Z OF COIOBlDO ~~~~~.... - ' - ~fE ORE - '. - - .. _ B3IfLD1181 BNCROICHi1L'll1' - . - - .. PlZOPdRiT DPSCRIPI'fON _. _ - ~ - ~.I parwi of land eifaas.d {>, tlu~i'lly el 4psn Gan avevue R{y(~l-otlau..SsinD- in Soefian 18,- - A{p f0 Soulh,-RaaBs 8/ }eat of ! Sizth Prirraipol Meridian and nun par!{ordarty~demibed w ' ~_ ~.~ ltspttubiry at fhsmthroast oernerof lot P. -accord{n8 b the loira! Imnrdod Aat eJ Litt(e-NeU~ - -.. ~' .. ~. _ Subd{vtsien, recorded as Aoeption tea of the Pitbtn (bwdV reeonds, udurus {brrrsr No. 8. - of t/u deAa 1b+nnsite-lbrerdary bears N./0'Of'6Y'11. E9.98 Jbd,. the TltfJtt POlltl' OFBI~IXMIF/ therms - - 81/'60'187., aton8 the mestesiy 6owrdary line of midlat P a d{ttarus o1 S.M Jlwt to lAe+urtheast earner of Tat 1, Residences at Zi#te Net! Subdtv(sioa/pUA, moordtnp to the Prat Ha! thsrsof reeonded - - as Reuldioa Ne. ofths Pttbin(kurStl ReasrdK theros lmvtnp satdwaterly 6orsrdary{ins M76'OB'ff r, along ttu ruriherly boundary line of mid lo! 1 a 6{stenoe of 168.88 ~' thsnse Imotnp _ _.. . -. mid arorflurty beundarylirw ]K!/'60'18'd; a d{slarmeof 16.88 71st; thence-S96'OB O6'L, a dialams of 188.86 /Wd:. thus S.1Pb0'/8"t; s dislanae. of 1t857~ is the PDIdi7' OF BSC/NN7IfC. - " .. ' ~ ~ . . - Said panel of tand..oon{a{nin8l.,BBSaq.n*s Jket,. tnon or Mae. - - - - OfILl1'Y BNCAOdC®taM _ ~ ~ ' - ~.. ~. PRDPPR37 DPSCRIPflON - - - - - - - 1 parer! 01 land a{tvoted {n the City of Ispen Gan drxrnu R{pht-of--ay, briny {n Sactien 18. ibwnah{p f0 Sordl4 Iffinpe 81 Test of flu Sisth Pr{nc(pa2: Meridian and learn partice(ar{y-deseT(6ed as 7b8ewe - - Bo01nn{n0 at the northrorst eorrur of lat. $ aceord{>tp to the P{rst lmsrWed 1'{a{ of IdtDS 7leN - :SebdGNeton, remded as Rrerption Rb. ~ of the Pttkin Lbrrdy. records, u+henw~ Lbnur !la 8 of theIaPea lbronsih Boruidary bears 1K/0'O1'6Y1.-P9.86 1sd,~. the'lRVS ItlIM OF 9BGIA7VINC: thence - - /{f1'SO'/8'G, a distanwsf 11.86 76el: thence 5.96'08'fTB, a dfstanes ofPf.807bet; thence S.1f 60'I8'I.. a distam of 15.88 JNl to a po{nf. on tlu rwrtthea(y bouMary !{roof mid Zet $ theros - S.f1'SO'18'I., glory mid narthrr{y boundary lieu a d4farue 10.00 fnl: tlurw cord{nuin8aion8 mid rrorther(y boundary tNu N.76'08'11'I., a dtatanp of /.8P ~: threes acrd;mdn8 yon8 mid rust(us(y . 6evWary tine K/O'Of'6P1I., a disfarw of P/.OS PM to the PDIN9 OF BlfCENXI1VG :. - - Said party/ of tared mdaaa{sy 188 agtcn 7bt. more or tea /. SOPRIS ENGINEERING '- LLC 31VIL CottsaQ.LNTB - ..602 Ylitl S188t1'. sDna LT - - , a g._ Q d ~A tl a A r, `ao`= ~Y a y"~j z ~ ~ ~ E ~ ~y ~ ~ ~ m ~: ~ _ p L ~ m h a ~~ ~ o d~ C n 9i ~ d ~ M ~ ~ c N ~ C d01 W u m Oea C C ~ y O s Lam, .. ~' try ~ o ~ E ~ n ..eaan YI ~" I ~p $y g V Y S F cT ~ 4 ~ `.. ~ ~ N ~, N ~ O ~ O ~v ~ ~ v ~ w fl. ~ ~ O ~ ~ ~ ~ O ~ ~~ ~ ~ ~ f+ ~ ~ ~ ip 7 0 ~ ~ LL H ~ l/1 z _~ Q U J W Q z ~_ 0 W f- X W z ~_ Q W W ~- z W l/1 0 *~ c r~ v w O iii ~ 4J Q v +J o -, w m f a ye p 2 ~ ~S~f Z 2 .n ~ r:4! ~ ~ • on F, c .~ z N 'Cy7 P, p, U y b ~ O Vi q N~„~ ~ ~ ~ N ~ c~C~ f7 O ~ ~+ rte- N ~ ~ V ~ y N .a OU cC~3 N~ y~y W~ v ~^~'! ~~++ 04 U R 4~ ~ G^ rG ii w N S~. ed ~ H U~ d en i _O P v O .~ Q +-~ C!J Q ?. c~~~ ~, v ~,~ 0 n~ u .~ 0 u a~ a .~ c 0 c~ v ~ i O L F ~ rC ~ ~ a L ~' d c n 'ti P., O„ V vi ~ p p . & 9 ~ 6 '. ~ r0 ~ ~ ~ ~ ~ H bQ f3 ~ ^'~ ~ b N ~~'^ Yrr N U i Q .~ +-~ OJ N N i N C f0 v V 1 Z ,O V ! W L lW ! V Q z ~_ Vl ~ ~_ W W ~ ~ ~ Z ~' 0 w I- Z Q Q w l/1 ~ W Q W LL w LL H W ~^ ~~ ~ ~ ~ C w G l~ Q Q X o~ W z v~ ~.. a a c 0 .~ J Q i ~.. fSS 4-- i~ Q~ ~_ ~?+ v ~~ C' ~.. ~_ '~ u .~ a v a~ a~ 'a s C? 0 °ca v "`-- I Iillii VIII IIIIII VIII IIII IIII Illllln III VIII ICI IIII ~ 9 0 p 06083:55.......,......,.........-_..-,_„ ~_ _ ^ ^ ^ ®REVOCABLE~ENCROACHMENT LICENSE ®^ ^ ^ _ _ License Numl'~er. County Recording Data: - ~ -~ Reception Number. ' Book Number. Page Number. INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS RAPPLIES JP YOUR REQUEST TFbS LICENSE IS FOR: B~ac or~a+~r! ' ^ TEMPPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM TO TEMPORARY, PERPETUATED UNT0. REVOKED BY THE CRY.. ' ^ TEMPORARY FDR PREEXISTED CONDmON AND PERPETUATED UNTIL REVOKED BY THE CITY. This Agreement made under this license and entered into this _day of .200 5, by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as'ASPEN" and - The Residences at Little Nell 302 East Ho kins Avenue, Asper, C0 81611- ^evel j~ment. LLC . at P , r7,iiFJNmI P~fal taptMi9~m1 daytime phone number. 970-544-0499 , hereinafter referred to as'Licensee', Licensee is the owner of the folkrvdng described properties kxxted in the City of Aspen; Pitldn County, Colorado: Street Address: Legal Address: Lot 1, The Residences at Little Nell Subdivision PIID WHEREAS, said properties abut the fdlowing described pubfK; dght(s)-of--way: Dean Avenue WHEREAS, licensee desires to encroach upon said rght-of-way for the folbwing purposes and as shown and described in Exhibit "A". attached to this License: , Teleohone pedestals and eleotric_traneformere (496 sg. ft. utility encroaclament) , ' WHEREAS, .Section 21.04.050 of City of Aspen Municipal Code delegates the .authority to the City Engineer !b grant encroachment ficenses, ASPEN agrees to the grant of a private license of encroachment as built subject th certain conditions, in consideration of the mutual agreemant hereinafter contained, ASPEN and licensee covenant and agree as 01. A revocable license is hereby granted to Ucensee to occupy, maintain and ublize the above described portion of public right-of-way for the purposes described. This license is granted for a specific use and within a speafied term as tdlecked above, subject ip being terminated at anytime and for any reason at the sole discretion of the C'Ity Engineer of the City of Aspen. 03. This license shall be subordinate to the right of ASPEN to use said area for any public purposes. 04. Licensee is responsble for the maintenance and repair of the pubAc right-of-w.ay, together with impravements consWcted therein, which ASPEN, in the exercise of its d'ISaetion, shall determine to be necessary to keep the same in . a safe and dean condition. The Licensee shall obtaur right-of-way and Building Permit as required by the C'Ity for any work to be performed in the pubfK; dght-0f-way with design approvals for such work obtained from the F~gineedng ~*. -^, u 4. , •.aY . ~..._„ C. I IIIIII VIII IIIIII VIII ,II) IIII IIIIIIII III VIII III IIII 5 9 02 ~6 03 SS .,...' ~aY~3..h'*t..~."'"..2+ 4.ffv,.4.~^.vl _...~.t ~.eci..acc.••s"'Y:4£~,~,+M 61lVIR DRVI6 PITKIN COUNTY CD R 21.00 D 0.00 14: The licensee waives any and ati daims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area 15. The Licensee dearly understands the following actions of licensee or hisiher agents and employees shall automatically terminate and cancel this agreement: a) Discontinuation of Insurance coverage b)Change of ownership or alteration of use from the orig(nal specific use In encroachad area c}Restriction otASPEN or its agents and contractors from access to Its public land under ffie encroached area . not occupied by a previously consweted bur7ding. . l}nder these dreumsiances; the Licensee shatl restore the right-of-way unde[ the eruxoachment to il~ original or better conditions immediately and in accordance with the latest Eng'ureering Department standards for improvements of•Public right of way.. IN WITNESS WHEREOF, the parties exealted this ent ai ASPEN the day and year first writteri. The.Reaida4ces at Liktla evelo enk, LC,.a Delaware limited liabil c any By; Aspen Land Fund L ;,a C ~nd 1 ted • liability emm~an _ its MAd i a Mam a iT CITY OF ASPEN, COLORADO ~ . ss. 3ounty of ~Piticin ) The foregoing instrument was acknowledged before me this la+l., day of Mf1-M.. .2005•by Brooke A. Peterson ae ~RDge~.authorized• s gnatory or Aspen an Pund, lt.C, a Colorado limited liability company, Managing . !fember of The Residences at Little Nell Development, LLC, a Delaware.limited liability compan WITNESyS MY HAND AND OFFICIAL SEAL My commission expires: A a~ I08 C~ . Ids., • r u'!-~lo =, ~= Loo F ;~A-.IrJ~ r~-~.ria:.. nn~ K 3~'ir .__ .x ; ~~ (DO NOTWRItEBELOWTHIS LPI~FOR CR.Y USE ONLY) ~!"~ APPROVAL CONDI710NS Q~ raDyi: „ „• d~•~1, BY .~ / -~~ NICKADElI, PE, 6gYrer i ATTEST: DATE: zcb ' sNaal,cggak GGr~!~ • c E%IiIBIT YAP OF: BUILDING AND UTILITY ENCROACHMENT DETAIL A PARCEL OF LAND 9fiVATED IN SECTION IB, TOWNSfiiIP 10 SOUTH. RANGE e4 WEST OF THE 5D:1Ti PRWCiPAl YERmIAN, CTfY OF ASPEN, COUNTY OF PITKW, STATE DF COLORADO SHEET 1 DF 2 ' I ' + ~" i ~ ; f `•_ I ~.!. ~. _ ..... . N74'S0'49'E __. P ~ j F, ~ ~-_ _ 75 69' ~ y '{ ~ ~ + --_-- -- LOT l ~ Q _ ~ - 1- /16SlD6ACd'S AT LlTTL£ NSLL ~, ~ '~. .. SUDD/VISION/R!D 'i ~ ' i ,' ~ =i~. r n j a '~ BUILDING ENCROACHMENT -- 200 -~ 6 - -' 1,665 sp./t. f ~ ~ ` e ..... ,, , x 4 s;~ ~ CORNER NO. 9 I O - . ASPEN 70WNSITE ~ ,~:.` ~_~ - FOUND CAP IN BRICK PAVER Pol17T 0/' V y~ LS (1015/ 661:lNNlN C ~ ~ ... . ~f . N7S09'>f"lf N4oro1 4.f0' -_._ 2 N75L2 A'1RST AL61ND6D PG.4f OF QTTLA' N6LG SUDOIVIS/ON .9T' 514 0d59 ~~, o- ~ -. rTf~i~:. 3r.ly 1'=30' ap./t. 3 fS' ENli1NL'~CltliyV - CML CONSIR•TANTS 502 YAW 577tEET, SU]TE A3 ARHONDALE, COLORADO 81623 (870) 70d-0911 IIIIINIIIIIIIIIIIIIINIIIIIIIIIINIIIIIIIIiIIIIIIIIIIla059107~0006g 03:55 ,•.. or. A P1RCffi. OF LAND Sfl'f1ATED Di SBCTIOH 10, 3'01N8HIP 10 SOUTH. RANGB 04 11&8! OF TH6 9DI1'H PRIIiCO'AL HCRIDIAN, Cfl'Y OP I9PaH, CODli1'C OP PiSatN, 8fA4R OF COLORADO ~l4HOR 8 BUILDING aNCROACBYSN9 PROPlRf7 DI SCRIPTION I pared of land situoted in !Ae C{!y oJ AePm Dmn Anrno RiBhl-af-way, befog {n Seotlen 18, '16wuh(p f0 Serdh Rang 8I wM of tke Seth Prtrolp4 lNrid(an and men pmileulas{y described as friioun: aptnninp at tM rorthrcest oanur of Let & oooord(ne to fM FYrd Amended Plat of L4lA Ndi 3ubdtvletal, seconded w Reee¢{on Na eJ tM Pttk(n County feeerds. udrnce tbrner Na e of tAs Aspen 14+av{te BeusWary 6mn N./0'OY6TI. YI.98 frd, tM TRUE' ADlXT OP BaClNMNC: throe S.1/•60'ITi, along tM weslMy boundary ltae eJ mid Lot 8 a dittasur of B.BI fee! to flu northeast aam of Let 1. ReaWaruwt a! Ltlfle Neil Subdlalabn/R/A aaesrdlap to fAs Pima! Rat therm) noonLd as Race~tien Na of tM Pitktn tbia!(Y ReonW; thence lmvlnp mid uratariy baxufary Noe N.76.08 1Pw., abase fhe rrerihesiy boundary itae sf mid Lot 1 a dfdaace of 188.88 ;te!• !lanes Isavtn8 m/d rorthMy boundary ltru N.fI.60'ITa., a d(atatuh of 16.89 frd; thane 3.96'08 06•E'., a d4taros of 188.88 fad• thous S.l/'60'ITI., n didarw of 11.86 frd !a flu RilNP OF. BECINNlNO. Said parod of Wnd contafnfap 8.866 qua+e fM, Hain or !asst urlurr aNCROdcNAaNr PROPaR1T DBSC%P!'!ON A panel of fend sitvaled fn tM Lfly o) Aspen Dmn Avenue lNpht^ef-e'ay, 6elnp to Sedia. 18, luwrahip f0 Seutfy Rang 8/ wed eJ lAe Stalk R(aefpai lbridiaa acrd men portlouiasty desosibed v N~u+s~ Bea{nnin8 at tM nortAurd oemar o1 !~ 8. aooerdtnp to tM 1Ysa! Amasuled P[at of Little NeU S dlv(s{a4 rooorded as Raceptfen No. eJ the PffkM Candy raceafe, uhsaw LLrsur !ice 8 of flu Aspen Aornnafh Baardnry Man N.10'O1.68•I 87.88 fret, tlu PRUa POINT OF B6CINMNC; tharw x.r/•sa'/e"a., o didance of 11.86 frd• !hero. S.76M8'lTL, a dtatance of 81.80 fqt; tharos S.Ir60'/8"w, a d(tfaroe of 16.88 fret m a print on the aekhMY beuMury floe of m/d let P; theta. S.fI.60'ITw, aton8 mid, rosiheriy bourrdwy line a d{daace /0.00 fret; them oad{nu(n8 abnY mW sust/wfy bouMary 1(ru N.76'08'1T11., a distance of /.88 fret: therw aerdfnutry abn8 mid roriherty beuadary lira N.IO'Of'68'w., a distaros eJ EI.06 frd b tM POlN? OP BEDINMAC Sa(d pence! of bfu! oau'alninp /8H square fnL moo or' Asr. .-,. ~.. ~y91r.~1Ycn ~~ / of ps>~~N ;RAP- r^e `..' ;5.69' HUl17rNC ACCESS ENCROACHMENT .N?0 DEAN r AVENUE RICHT--GE-wAY PE4 ~c5p•ag~E_ / t5.69' J ENCROACHMENT ;.rCENSF f PEGOROED AS p L 0 7 s1 ///, !: , RECEPncrr t X50• ;'~' 7.00 acres nyae',.., - ~' ii ~ Z -...~.I v; T` G ~ ~ ~ ~ 0 ti` ' d 1 I !. '-{ PARCEL J.Of4 PCf05 a j // J xs '. ~x yx~ ~o~ o~ x t~7 w~ N Ti m ,CUn'D RE9AR & G roRNER 9, ASPEN ?OWNSIIE cAa t. s. ems ~:tm, a J c N \ x ~ -rv7 cA 'N srz!cK PA vER ti F his y2o+.,t H j cS r b, $.. .~ 1 a ' ~r 'fi ~ Y~'~`1 _ ~'~ r 22.65 9' 11.65' S14" 4S W ~~ i ~ y 26; 4 ~ g4, I~ v ~tiw• ti ~ M v Nb 9 N lam. T N!4'S0'49'E 26.69' /• 1AL~TY EASEMENT 9EDICA`C ON Th'E =fRST AMENDED aiAT OE ~. ~~E NEL SUBDr'~ASICN U771'T?' ENCRGACYMEN7 IN?0 DEAN AVENUE R1CHT-OF-WAr nE,4 ENCROACHMENT tICEYSE-REf~RBEE-AS 9 __ ., L}:tiT3IT 3!AP CF: BLTILDiN~ AN31 UTILITY EIL~L:RO.-'~~HRI~IyT _DETr1IL A ?,L°,CEL QF Ltt3D 5i:US`P?D *..'~' SEG:ICN 19, TOWtiSI'SP i0 SD'v:r.. F.PtiGE P.4 RESf OF :IIE SIX':.'F, FP-.-'vCI?fiL '`~'.::SiAN. CITY Os RS?E7S, GDO~UmiY of ZIT3,7N, 5,'A ~ CF CCLOP.kDO .... .................... 1nT f P.ESIDEk'CES AT LITTER hELI SUBDNlSION/'PUD E'J11BiNv Fsr;..PaACr+v?:rl y '--'""~.--~ 2,655 sp-I{. f~INA OF {.- '1 Sl4 50'4! 2204.. OS N75'09'f1"N' N<0'D7' 4. i0' __.... 2 N75Y7 lA2 2 FIPS'T Al16NDED PLAT OF Lt7TlL' NELL SUBD/F'JSION O y ... 4 'x7 h CuRNe`R NC. 9 ASPEIJ TUY.NS'7< FOUND CRP !N BRiQK PAIR"R LS yb'2D157 <4b sS. f:. t 1~,,,,,_ ::A:v 1~=30' SOPRIS ENGINEF,fiING - LLC CIVIL CDhS[P TAh'TS 502 M1JN SThEET, SuTTE R3 Ct,.R54NBki.E, COLORADO Si E23 ln>nl 7n:-03i1 _ . .. Page:; 4. of 4 III~IIIIIIIBi~llillll - = ~ - Ilnlllllllllllllllilill51m205 _ _ SILVIq DgVIS PIMIN COUNry. 4b 85/17/2005 03:54 - . ,. _ . , R 21:00 D 0, 00 PROPaRl'Y DffiCRIPHO1i5 Ofi - - .. - ~ - BUILDING ENCROACHMENT AND UTILITY ~ ENCROACHMENT e phal~, os Ie1m slxDax~ Ix sa~'tox I9, TO!liSH>P Io soDra, lttNGE ts+ 1tESr OF SH6 sDSH PRIIiClPdL 1~DT. CITY or asPEB. CODNIT. ~ P1TSQi. srl~ of t~I,oSiDD .. ' 81~EI E OR E -. - BDILOIhC ah~CR0AC8I(d8T PROP8RIT.LLSCR(Pt7ON _ - ~. - - ~l patod of land t;1wAd in the~GYty of lepenDeart Iwmr Riyldrof-Iau.,bsG~y in Soclien 18. p. f0 Smd/4 Range BI Test of 1M Si~dh Prtnetpa! Meridian and more parto+ds~tY-deaeri6ed se ~.. Repirattnq d the mtluont aerner Hof Lot E. aaeordiny to the P'iret lornaLd lid of IAltk I1elt Suhdioisien, seeordM ae !ba¢ion hb. of the Pttkin CbwdY .record; ro/urus Gbrner No. 8. ~ . of the Open tbronsite Horardary hsars x.~O'O1•sa'r. n.96 lYd, the rlma A7711P oP' aacraDrrRC; thenp . S1P5O'I8'1., done the ,eesterty Gormdary 1{rye of mid Lot P a distance of 8.81 fut to the rwrtheae! - oerner of Ld -f. Rraideruer d LilW Nett Subdivtsfen/pDR,aeoord to the Ptra( Fat thereo recorded as Reaeptbn-Hs - - of the Pttt:in-Qnady Records; lhmee~lmviry said resaLrty 6ofv~dary itne - . . h:7b`O8'1T I., afony the neelhsrly 8owdary !tree of m{d toi 1 s dis!¢m of 168.88 ~' ihenee lmviny ...... - mid TM*O+ertY 6ersrdary line N11'SO'!C&; s distameof 15.68 j6d; lhenos $9608 O6Z, a dtdarwe of 188.88 frd;. l/ienos S.fI'S0'/Pi a d4tamo. of 17.85~)kd to the POINT' Ol RflOlh/hy11O:" .. - - .. - Said panel of lead. emdainiry $665 agrnfe feet.. men or tea O1'fLi1'Y aNCROdL~M - . . PROPdR1'T DLCCR/PTION ~ - ~ - - - ~~rwti 1 laaihmted in !/re LVIy of Is1sn Loan Ivenvr Riphl-of-yay, ~ 6etnq in Seclien 18. P Range E/ FSSt of the Sisth. Princlpd_ Xeridina and more pwtierdartydssTi6ed as _ Be8{n~at~nnpq at thr nortlwnd corner of Lot K asYawdiny b fhe First dmeMed /tat e~ LiltG NeR :Su6diuleteq +eooNed ae Rwptton No. of Lw. Pttl:in ~Y remrdq rahence Iberur Na 8 - of the •spsn Jbvrnsite Earmdary hmn N.IO'O1'SYl/ 57.96 fat;' th TRDB POfNf OF REGINNIIYG thsncs Mif 6O'(8"S. s d{#anwof 11.85 }a!: therwe S9S'Oi'!Y&. a dislanos of YI.BO IFet: thenos - 5.1~'SO'/8'i.. a didam of 15.88 JYd to a polyd. on the northerly 6oroelary 1trr of mid Zat 5; theme - S.1f 6O'/T1. deny mid rurtherty bovWary itne a didanw 10.00 lhet: thnua aord{nutny almy mid rurther[y 6wo+dary ltnr K7b'O9'1J'r, a distam of /.8Y fat; !hence eontimdnp story mid turtheriy 8erendary itu k/O'Of'6lI., s dialawe of Pf.OS .fat m fhe POIli1' Ol RdCINIJflai.: ' Said parcel of land oontatatry I86 square Jtat. more or' less - - _./ ". ., SOPRIS ENGINEERING - LLC csvR. cotsaLr~x7s soz ueDr sir. stma ~ r February 6, 2009 Ms. Jennifer Phelan Community Development Depaztment 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Deaz Ms. Phelan: EXHIBIT Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application to located signage for the Residences at the Little Nell in the Dean Avenue right-of-way. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC Br~ioke~ A. Peterson` `~ ` Author d Representative 302 East Hopkins Avenue Aspen, CO 81611 (970)544-0499 d: \oldc\bus\ciry.ltr\1tr52708.jp 1 _d CITY OF ASPEN COMMUNITY DEVELOPMENT DEP Agreement for Payment of City of Asoen Develooment Aoolication Fees CITY OF ASPEN (hereinafter CITY) and ~ ~' ~Y«S ~T ~'~7~~'~. /~'C' (hereinafter APPLICANT) AGREE AS FOLLOWS: to (hereinafter, THE PROJECT). V~l~~ 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 m the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their heazings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they aze necessary as costs aze 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 fmdings for project consideration, unless current billings aze 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 Sle e ' ~ lion of application completeness, APPLICANT shall pay an initial deposit in the amount of S/~~ which is for ~ hours of Community Development staff time, and if actual recor edd costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued unfit all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director g:\su ppo rt\fo rms\agrpayas.doc 11/30/04 APPLICANT D By: Date: 311 o~ Billing Address and Telephone Number: Reauired3O2 ~.. ~Nd S~Q -0¢59 e*" PUBLIC NOTICE RE: PROPOSED SIGNAGE ON THE DEAN STREET RIGHT-OF-WAY NORTH OF THE RESIDENCES AT LITTLE NELL, COMMONLY KNOWN AS 501 EAST DEAN STREET NOTICE IS HEREBY GIVEN that a meeting will be held on Monday, April 13, 2009, at a regular Council meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Sunny Vann, on behalf of the Residences at Little Nell, 501 E Dean Street, Aspen, CO 81611, requesting an approval for commercial signage to be located in the public right-of--way in the pedestrian con•idor of Dean Street. The applicant seeks to allow for the permanent placement of the signage to advertise future businesses on the first level. For further information, contact Errin Evans at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO 970.429.2745, (or by email Errin.Evans@ci.aspen.co.us). s/Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on Mazch 29 2009 City of Aspen Account c~ C~ cc„~FS c9~ 5~~~^-S . AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: Nlo,~,d ~ i ~ .@~ m , 2©0~ STATE OF COLORADO ) ss. County of Pitkin ) I ~~~~ y ~~[ ~ ~ ~ ~~/ (name, please print) being or repres ting an Applicant to the City of As~en, Colorado, hereby personally. certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ublicatiozx 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 at least fifteen (15) days prior t6 the public hearing. A copy of the publication is attached 7zereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Deparhnent, which was made of suitable, waterproof ~ materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public heazing. A photograph of the posted .notice (sio x) is attached hereto: Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26:304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public heazing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeazed no more than sixty (60) days prior to the date of the public hearing. A copy of the oianers mxd governmental agencies so noticed is attached hereto. (continued on nextpage) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs aze subject to this notice requirement Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the azea of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~~ Signatur The foregoin "Affidavit of Notice" was acknowled,gged before me this ,moo day of~7,`'tG~ , 200, by ,f~vic,P~f'G1 Scp~(•e-~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 5 Notary s inartmeni~ASOe^~orcoq~onra ~O^~in°ry~f - ~ CORY J. 5 mr,,PVa Y 3.2 ~q 5~a "a^si. ~B a~Pme^i a GARSKE r .us (or Ay sPe^ ~ hY h °ma ~ ~' 2p0e~'ra° fasessi°B° n,„es w°ee ATTACHII'IENTS AS APPLICABLE: ~C ~`aJJ' YO°March FTHEPUBLICATION My COANnlssbn Ezp~a 030812012 -RAPH OF THE POSTED NOTICE (SIGN) THE OWNERSAND GOVERNMENTAL AGENCIES NOTICED !) ~ _ fill • APPLICANT CERTIFICATION OFMINERAL ESTAE OWNERS NOTICE AS REQUIREDBYC.RS. §24-65.5-103.3 ~..- Errin Evans From: Aaron Reed Sent: Monday, March 16, 2009 1:32 PM To: Errin Evans Subject: RE: DRC -Signage at Residences at Little Nell Errin - I would simply need to ensure the Permanent Encroachment is valid and approved. Beyond that concern I am fine with the proposal from an encroachment standpoint. Thanks, Aaron Reed From: Errin Evans ---- -___.___..~~_..__._..____ _ Sent: Monday, March 16, 2009 1:13 PM To: Development_Review_Committee Subject: DRC -Signage at Residences at Little Nell Residences at Little Nell -Proposed Signage in the public right-of-way~01 E Dean Street) The attached application proposes to place signage in the public right-of-way. Council approval is required. The project is located at 401 E Dean Street. Please review the attached plan and elevation. A DRC meeting will not be held for this application. If you have concerns or questions please have them returned by March 27`n Let me know if you would like more information. Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 r=, crz, ~. ,~.,.>. www.aspenpitkin.com s. ..~, ~,. Errin Evans From: Brian Flynn Sent: Monday, March 23, 2009 4:39 PM To: Errin Evans Cc: vannassociates@comcast.net Subject: RE: DRC -Signage at Residences at Little Nell Attachments: image003.jpg; image004.jpg Errin, Thanks for taking the time to set up the site visit and review the potential impacts to the planter boxes. Parks is objecting to the request for placing signs within the planter boxes due to the immediate impact to the planting space. As proposed the signs will not be visible from any great distance due to the existing foliage and branches on the tress. If the request does meet with City of Aspen sign standards, Parks could accept a condition of approval for the signs and thus support the proposal. Condition: The applicant will agree to meet with the Parks Department in order to locate an appropriate place for the below ground infrastructure. Additionally, the applicant must agree to and understand that if any of the signs are obstructed by existing branches and foliage that the City will not entertain any request to trim or remove these branches unless approved by the City Forester who will determine if the establishment period is complete and the tree trimming will not negatively affect the tree. Brian I`Ir'un Open Space and Special Projects ~'iana~er (P)970.429.2035 (F)970-920-5128 SPEN PARKS 8 RECREATION From: Errin Evans Sent: Monday, March 16, 2009 1:13 PM To: Development_Review_Committee Subject: DRC -Signage at Residences at Little Nell Residences at Little Nell -Proposed Signage in the public right-of-way (401 E Dean Street) The attached application proposes to place Signage in the public right-of-way. Council approval is required. The project is located at 401 E Dean Street. Please review the attached plan and elevation. A DRC meeting will not be held for this application. 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