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HomeMy WebLinkAboutLand Use Case.501 E Dean St.0052.2008.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0052.2008.ASLU PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION CLOSED BY 2737 182 93 6034 501 E. DEAN STREET ERRIN EVANS INST.PUD AMEND SUNNY VANN 5.29.09 Angela Scorey on 07/23/2009 r .: DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of asite-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject Co any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name Mailine Address and telephone number: Residences at Little Nell, 501 E Durant Avenue, Aspen, CO represented by Sunny Vann, Vann Associates LLC, 230 East Hopkins Avenue, Aspen CO 8161, 925-6958 Legal Description and Street Address of Subject Property: Lot 1, The Residences at Little Nell Subdivision, City of Aspen, Pitkin County, Colorado, Residences at Little Nell Planned Unit Development (PUD), commonly known as 501 East Durant Ave, City and Townsite of Aspen, Pitkin County, Colorado Written Description of the Site Specific Plan and/or Attachment Describine Plan: An Insubstantial Amendment to The Residences at Little Nell Planned Unit Development (PUD), commonly known as 501 East Durant Ave, to allow for the approval of a Master Sign Plan. Land Use Approval Received and Dates: Administrative approval granted May 29, 2009. Effective Date of Development Order: June 7, 2009. (Same as date of publication of notice of approval.) Expiration Date of Development Order: June 7, 2012. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 29`;,day of May 2009, by the City of Aspen Community Development Director. Chris Bendon Community Development Director City of Aspen <^ ~. .... NOTICE OF APPROVAL For An Insubstantial Amendment to the Residences at Nell Planned Unit Development (PUD), Lot 1, The Residences at Little Nell Subdivision/PUD, City of Aspen Townsile, Pitkin County, Colorado, commonly known as 501 East Dean Street Ordinance No. 30, Series of 2004 Parcel ID No.2737-182-93-6034 through 2737-182-93-6069 APPLICANT: The Residences at Little Nell, LLC REPRESENTATIVE: Sunny Vann, Vann Associates, LLC SUBJECT OF AMENDMENT: The Residences at Nell Subdivision, Planned Unit Development (PUD), Lotl, The Residences at Little Nell Subdivision/PUD, City of Aspen Townsile, Pitkin County, Colorado, commonly known as 501 East Dean Street, Ordinance No. 30, Series of 2004 SUMMARY: On behalf of the Residences at Little Nell, LLC, Sunny Vann of Vann Associates, LLC has applied for an Insubstantial Amendment to the approved Residences at Little Nell Subdivision/Planned Unit Development (Ordinance No. 30, Series of 2004) to approve a Master Sign Plan. REVIEW PROCEDURE: The Community Development Department may approve, approve with conditions, or deny an insubstantial amendment to an approved PUD pursuant to Land Use Code Section 26.445.100, Planned Unit Development (PUD). STAFF EVALUATION: In order to amend a specific provision of the ordinance that approved the PUD originally, a PUD Amendment must be approved. Staff has reviewed the proposed amendment and finds that the proposed amendment meets the criteria for an insubstantial amendment pursuant to Section 26.445.100, Amendment of a PUD Development Order and Section 26.510, Signs of the City of Aspen Land Use Code. Staff recommends approval of the proposed Master Sign Plan. DECISION: The Community Development Director t"inds the Insubstantial Planned Unit Development Amendment to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the amendment as specified below. r~ The approved amendment to the Residences at Little Nell Subdivision/PUD, allows for a Master Sign Plan as shown in attachment B. APPR VED Y: J Chris endon Date Community Development Director Attachments: Exhibit A -Master Sign Plan from Applicant Exhibit B -Review Criteria/Checklist ~_ ""lam ~~ ~^~ ~/~~ ~ ~~ o V p, ~ ro W ~ ~ a.o .~ U m O ~.>yp C j ~o e a 0 N j ; b O C ,,, 4 `} C M , '~a° N C? 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G .o , N ~ w _ 33 x a° a N = y w N c K _ m 7 n rv m~ w y ~ ~~ '~ rt ~° =''~ ~ a' ~ ~; ' 5 3 o or ~c '~~~+r v ~~ a ~ ~i N' ~ _ p> _ ~ ' ~ ~ a 4 ~] w n ° p I b [n $ y o ~ ~ e r - .-, EXHIBIT B Insubstantial PUD Amendment Checklist 26.445.100 Review Criteria All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: ^ The proposed amendment does not change the use or character of the development. ^ The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. ^ The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. ^ The proposed amendment does not decrease the approved open space by greater than three (3) percent. ^ The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. ^ The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. ^ The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. ^ The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. ^ The proposed amendment will not enact a change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project' s approved use or dimensional requirements. 2~3~ ~@7• ~' `~ file Edit Reca'd navigate Form Reports .Format Tab Help Permit Type aslu ~ Aspen Land Use Permit # 0052,2008.ASLU ' Address 302 E HOPKINS AVE - J AptfSUite -. I City ASPEN State CO ~ Zip 81611 J _ ' ermit ]nformatlon __ _.::- _._ -. - ._.. _.. Master Permit J Rautinq Queue aslu07 Applied IOf30J2008 J ~ i Project J Status pending Approved ~_J Description THE RESIDENCES A LITTLE NELL SUBDIVISIONJPUD INSUBSTANTIAL PUD Issued ~_-J AMENDMENT AND SIGN PERMIT Final ~-J Submitted VANN ASSOCIATES, LLC 925-6958 Clock Running pays r 0 Expwes IOJ25f2009 J - -Owner __ ._ __ __. Last Name 302 E HOPKINS LLC ~ First Name ~- PO BOX 364225 ~~~ ASPEN CO 81611 Phone ~- ri Owner Is ApP~ant? -Appkant -._ - _. _. _. Last Name 302 E HOPKINS LLC ~ First Name ~- PO BOX 364225 J ASPEN CO 81611 phone ~- Cust # 28438 tender _ _..... Last Name ~~ First Name ~- ~... Phone ~- C~ ~ ZC' `~ C,~ ~-cum-{' ~ ~ 2 ~' 6 3 Il CcnwnGdrifhl ~- Record: 1 oft ~.. .., VANN ASSOCIATES, LLC Planning Consultants May 6, 2009 HAND DELIVERED Ms. Errin Evans Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Residences at Little Nell Subdivision/PUD Insubstantial PUD Amendment and Sign Permit Application Dear Errin: Please consider this letter an application for an insubstantial PUD amendment and a sign permit for The Residences at Little Nell Subdivision/PUD. As the attached Pre- Application Conference Summary indicates (see Exhibit 1), the Applicant wishes to memorialize a Master Sign Plan for the project and to obtain the required sign permit therefore. The application is submitted pursuant to Sections 26.445.100.A., 26.510.030 and 26.510.130.D. of the Aspen Land Use Regulations (the "Regulations") by The Residences at Little Nell Development, LLC (hereinafter "Applicant"), the owner of the property (see Exhibit, letter from Brooke A. Peterson). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. Aland use application form and an application fee agreement are attached as Exhibits 4 and 5, respectively. Background In October of 2004, the City Council adopted Ordinance No. 30, Series of 2004, which granted final PUD development plan approval for the development of The Residences at Little Nell. The Residences at Little Nell project is a mixed use, timeshare lodge which, as originally approved, consisted of 24 fractional ownership units; 2 free market residential units; 8 lodge units; 8 affordable housing units; 8,900 square feet of net leasable commercial area; and a subgrade parking garage. Ordinance No. 30 also granted: (i) subdivision approval to subdivide a portion of the adjacent Aspen Skiing Company property, eliminate the existing internal lot lines 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 ,... .... Ms. Errin Evans May 6, 2009 Page 2 within the project site, and replat the remainder of the adjacent Tipple Woods Subdivision; (ii) rezoned a portion of the project site to CL, Commercial Lodge, PUD; (iii) granted approval to condominiumize the project and to sell its fractional ownership units pursuant to a timeshare use plan; (iv) exempted from growth manage- ment the conversion of existing residential reconstruction credits to lodge units, the reconstruction of demolished commercial square footage, and the project's on-site affordable housing units; and (v) approved an amendment to the Little Nell Specially Planned Area plan. The final plat for the project is recorded in Plat Book 73 at Page 21 in the office of the Pitkin County Clerk and Recorder. The project's final PUD development plan and various associated plans and elevations are recorded as Reception No. 510209. The project's subdivision/PUD agreement is recorded as Reception No. 510210, a copy of which is attached hereto as Exhibit 6. Please note that the agreement incorporates all relevant provisions of Ordinance No. 30, and that the agreement specifically governs in the event of any inconsistencies between the two. In December of 2005, the Community Development Director approved an insubstan- tial PUD amendment to permit the project's two free market residential units to be converted to fractional ownership units as provided for in Ordinance No. 30 and Article III, paragraph 3.1(b) of the Agreement (see Exhibit 7). In January of 2008, the Applicant submitted updated documents governing the project's condominium/ fractional ownership components (e.g., Declaration of Condominium, Fractional Ownership Reservation Policies and Procedures, etc.) to the Community Development Department as required pursuant to Section 26.590.090(B)(3)(a) of the Regulations. A second insubstantial PUD amendment was approved by the Community Develop- ment Director in September of 2008 to accommodate various revisions to the project's architecture which resulted from more detailed design development and/or specific building code requirements (see Exhibit 8). An amendment to the project's prior Environmentally Sensitive Area (i.e., 8040 Greenline) approval was also granted in connection with this insubstantial PUD amendment approval. Proposed Amendment The Applicant wishes to establish a Master Sign Plan for The Residences at Little Nell project. The Community Development Department has determined that a PUD amendment is required as the project's original PUD approval did not address signage. As the accompanying Master Sign Plan drawings prepared by Yaseen Design Studio illustrates, the proposed signage for the project has been designed pursuant to the various provisions of Section 26.510.130.D. of the Regulations which regulates commercial signage. The Plan is based on the allowable aggregate allow- ~~ Ms. Errin Evans May 6, 2009 Page 3 able sign area for each street frontage which has been apportioned such that each use or tenant within the building is allocated an identified amount of permitted sign area. The applicable provisions of Section 26.519.130.D. may be summarized as follows. i) The aggregate sign azea permitted along the lot frontage on any one street shall not exceed one (1) square foot for each three (3) feet of lot line frontage. ii) The allowable aggregate sign area may be apportioned among individu- al building uses or tenants provided that the aggregate sign area for any one use on any one frontage shall not exceed twenty (20) square feet. iii) No more than a combination of two of the following three types of signs: freestanding signs, projecting signs, or wall signs (including cut-out letter signs) are permitted. iv) There is no limit on the number of signs which may be placed in the windows of a business or on the number of awnings which may be lettered. The area of window signs and awning lettering, however, counts against the lot frontage's allowable aggregate sign area. v) The area of freestanding signs, projecting signs and wall signs is limited to 10 square feet, 6 square feet and 10 square feet, respectively. Pursuant to Section 26.520.OSO.B., the aggregate area of cut-out letter signs is deducted from allowable sign area at one-half (1/2) the measured area. The proposed signage for each of the project's three principal elevations, and its compliance with the above requirements, is described below. 1. East Elevation While the project's east elevation does not abut a public street, it faces vacated South Hunter Street and the Aspen Skiing Company's gondola plaza area, both of which essentially function as pedestrian streetscapes. The east elevation's frontage at the property line measures approximately 394 feet which allows an aggregate sign area of 131 squaze feet. As the proposed Master Sign Plan drawings illustrate, two storefronts are proposed at the north end of the east elevation. One cut-out wall sign containing 13.9 square feet of which one-half its measured area, or 6.95 square feet, counts against the east elevation's aggregate allowable sign area is proposed on Storefront A. Three square feet of window lettering, 1.25 square feet of awning lettering, and an exempt menu box are also proposed for Storefront A. With respect to Storefront B, two cut-out wall signs containing 6.95 square feet each are proposed. Ms. Errin Evans May 6, 2009 Page 4 ,.. The east elevation's proposed sign area totals 24.95 square feet which is substantially less than the maximum allowed. Similarly, less than 20 squaze feet of sign area is proposed for each use, and no more than two types of signs are proposed, excluding window and awning lettering. Finally, the cut-out wall signs contain less than 10 square feet and the exempt menu box complies with the four square foot limitation of Section 26.510.030.B.15. of the Regulations. 2. West Elevation The project's west elevation faces Galena Street. As the Master Sign Plan drawings illustrate, a 10 square foot wall sign and 3 square feet of window lettering are proposed on this elevation. The aggregate area of the west elevation's signage totals 13 square feet which complies with the 20 square foot aggregate sign area limitation for any one use on any one street frontage. The proposed sign area is also substantially less than the maximum allowed based on the length of the property's western property line. 3. North Elevation The project's north elevation abuts Dean Avenue. A portion of the building is located within the adjacent right-of-way, an encroachment license for which was granted by the City in connection with the receipt of PUD approval (see Exhibit 9). The encroachment license area encumbers 2,665 square feet of Dean Avenue and is depicted on an attachment to the license and on Exhibit A of the Master Sign Plan drawings. The north elevation's street frontage measures approximately 214 feet which allows an aggregate sign area of approximately 71 square feet. As the Master Sign Plan drawings illustrate, six wall signs containing a total area of 49.5 square feet are proposed on the Dean Avenue frontage, all of which comply with the Regulation's 10 square foot maximum sign area limitation. An additional 16 squaze feet of window lettering, 2.5 square feet of awning lettering and a 4 square foot exempt menu box are also proposed. The allowable sign area has been apportioned to this elevation's five commercial storefronts and to The Residences at Little Nell's main entrance area. The sign area of each use, however, is less than the Regulation's 20 square foot limitation. Review Requirements Pursuant to Section 26.445.100.A. of the Regulations, the Community Development Director may approve an insubstantial amendment to a final PUD development plan ,~-, Ms. Errin Evans May 6, 2009 Page 5 ._.., subject to certain requirements. The specific requirements, and the proposed amend- ment's compliance therewith, are summarized below. 1. The proposed amendment does not change the use or character of the development. The proposed amendment does not change the use or character of the develop- ment. 2. The proposed amendment does not increase overall coverage of structures on the land by greater than three (3) percent. The proposed amendment does not increase the overall coverage of structures on the land. 3. The proposed amendment does not substantially increase trip generation rates or the demand for public facilities. As no changes in the project's unit mix or total net leasable area are proposed, no increase in trip generation rates or the demand for public facilities is anticipated. 4. The proposed amendment does not reduce the approved open space by greater than three (3) percent. The proposed amendment will not reduce the project's approved open space. 5. The proposed amendment does not reduce the approved off-street parking and loading space by greater than one (1) percent. No changes are proposed to the building's off-street parking or loading space. 6. The proposed amendment does not reduce the required pavement widths or rights-of-way for streets and easements. No reductions in pavement widths or street rights-of-way are proposed. 7. The proposed amendment does not increase the approved gross leasable floor area of commercial buildings by greater than two (2) percent. No increase in the building's previously approved commercial net leasable area is proposed. ..,, ,.... Ms. Errin Evans May 6, 2009 Page 6 8. The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. No increase in residential density is proposed. As discussed previously, an insubstantial PUD amendment was previously granted to convert the project's two free market residential units to fractional ownership units. 9. The proposed amendment does not involve changes which are inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The proposed amendment does not involve changes which are inconsistent with the prior approval. Sign Permit A completed building permit application form for the required sign permit is attached hereto as Exhibit 10. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, LLC cc: Brooke A. Peterson Andrew Gerber d:\oldc\bus\city.app\app52708. in3 SV:cwv CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 10/20/08 PROJECT: Residences at the Little Nell REPRESENTATIVE: Sunny Vann TYPE OF APPLICATION: Insubstantial Planned Unit Development (PUD) Amendment DESCRIPTION: The prospective Applicant would like to memorialize the signage being proposed for the subject property. This will allow a comprehensive signage plan to be developed for the project and allow the aggregate sign azea permitted for the site to be apportioned so that each use or tenant within the building receives an identified amount of permitted sign area. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.510.130 D. Signs -Commercial Uses 26.445.100 A. Planned Unit Development -Insubstantial Amendment Review by: -Staff for complete application - Referral agencies for technical considerations - Community Development Director (for administrative decision on the amendment request, unless it is determined that the application does not qualify as an insubstantial amendment). Public Heazing: No Planning Fees: $735.00. Deposit for 3 hours of staff time (additional staff time required is billed at $225 per hour) Total Deposit: $735.00 Total Number of Applicafion'Copies: Administrative Insubstantial PUD Amendment: 3 Copies (land use file, Residences file, and permit file) To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject pazcel within the City of Aspen. 8. Proof of ownership. 9. Existing and proposed site plan, floor plans and elevations, as applicable. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 1 I .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. ,~~. CWA DEVELOPMENT LLC ASPEN I NEWPORT BEACH I SANTA BARBARA July 22, 2008 VIA HAND DELIVERY Mr. Chris Bendon, Director Aspen Community Development Department City Hall Aspen CO 81611 Re: Ownership of Residences at Little Nell 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 ("RLND'~: 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 RLND 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 ASPEX, COIORADD 61611 POST OFFICE BOX 8238 ASPEN, COLORADO 61612 T 1-970-625-3633 F 1-970-925-5295 WWW.CWA-DEYELOPMENT.COM ~~ EXHIBIT July 9, 2008 Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Bendon: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for an insubstantial PUD amendment for The Residences at Little Nell. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, AT LITTLE HELL DEVELOPMENT, LLC AutHrfrited Representative 302 East Hopkins Avenue Aspen, CO 81611 (970) 544-0499 d:\oldc\bus\city.ltr\1[27308. cb 1 ,~-~. ,, EXHIBIT LAND USE APPLICATION APPLICANT: Name: Location: !Y/ r~ Tj~~/~.~i!~~u`~C /J7'/_/7'S7~ t ll.Y/ GVs.-~. i~...,. (Indicaie street address lot & block number legal description where appropriate) ParcelID # (REQUIRED) REPRESENTATIVE• ' / Name: ~~Y~N, ~~~~S~=k ~~C Address: ~~ ~r/`f/~5 ~/~. -~SI°~X~ ~~ ~/~// i i Phone #: Zs G9,$"$ PR07ECI': Name: Ti~fr~~//'•!~3'S~r~ ~fT"~7lG~ ~/~~- Address: Phone #: S'Zb~ ' ' ~ ~ TYPE OF APPLICATION: (please Check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devi. ^ Special Review (~ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ Te Amendment EXISTING CONDITIONS: descri 'on of existin buildin ,uses, revious a royals, etc. c~~~'~ PxOPOSAL: (descri 'on of ro sed buildin ,uses, modifications, etc.) Have ou attached the following? FEES DUE; $ / .~t~' [~'~Application Conference Summary //Attachment #1, Signed Fee Agreement ^ espouse to Attachment #3, Dimensional Requirements Form spouse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds ~. ._. EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A¢reement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~~ /~..-/ .~" G/~G~"r'/~,~ l.~i/E~o/--iy (hereinafter APPLICANT) AGREE AS FOLLOWS: ~% ~~ 1 • ~iPPLICANT has submitted to CITY an (hereinafter, THE PROJECT). 2. APPLICANT understands and agees 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 agee 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 cosu involved in processing the application. APPLICANT and CITY father agee 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 agees additional cosu may accrue following their hearings and/or aPPmvals. APPLICANT agees he will be benefited by retaining Beater cash liquidity and will make additional paymenu upon notification by the CITY when they aze necessary as cosu aze incurred. CITY agees it will be benefited through the Beater certainty of recovering iu full cosu 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 aze paid in full prior to decision. 5. Therefore, APPLICANT agees that in consideration of the CITY's waiver of iu right to collect full fees prior to a det~er~wanon of application completeness, APPLICANT shall pay an initial deposit in the amount of $ aS-which is for 3 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay addifional 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 paymenu 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 permiu be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Beudon Community Developmeut Director g:lsuplwrtltorms~agrpsyas.doc 11/30/04 APPL ~ .. `' ~, d .r~Nr tlC ate: ~ i B"~O~ Billing Address and Telephone Number: Required ,~ ... 510210. Pape.: 1 bf 33 N COIOlT~ ~ x/17/2005 01.:01 R 166.00 ~~ D. 0.00 ir~~pn~o~oi SUBDIVISION/PUD AGREEMENT' FOR THE RESIDENCES AT LITTLE NELL 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 munlctpal corporation. (hereinafter referred to as "City"), and THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delawaze limited liability company (hereinafter referred to as "REND"), WITNESSETH: WHEREAS, REND has submitted to the City an Application for Final PUD Development Plan Approval (the- "Application").for certain contiguous pazcels of land situatzd 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 recordafioa of a Final Plat of the Property (the "Final Plat"); .and the approval and7ecordation of a Final PUD Development Plan and related documents (collectively, the "Final PUD Development Plan"); and WHEREAS, City has- fully considered. the Application, the Final Plat, the Final PUD Development Plan, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat and its approval and recordation of the Final PUD Development Plan, such matters being necessary to protect, promote and enhance the: public safety, health: and welfaze; and WHEREAS,'RLND 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 R'HEREAS,`under the authority of Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, City is entitled to certain financial guazantees to ensure (i) that the required public facilities are installed and (ii) that the required landscaping is implemented and maintained, and REND is prepazed to provide such guarantees as hereinafter set forth; and 1 Page: 2 0~ 33 I~~IN~11~111{1~1~1I.II.II.IYi~~11. Y.1~.1 J1 ~L10. -~..,r 06/17/2005 04:01 SILVIR 08VI5 PITKIN COUNTY rA R 166.66- D 0.00 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 Plaa as Reception Nos'i~IO both in the Office of the Clerk and- Recorder ofPitkin 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 Pn ose. 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 oceur. 1.2 Effect. It.is the intent of the parties that this SnbdivisionlPUD Agreement shall effectively supersede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, wags, declarations and other documents and agreements encumbering the Property, including without limitation those matters identified in Article VI below (collectively, -the "Prior Approvals and Instruments"), and City and RLND .agree to cooperate in the execution and recording of such documents as maybe necessary or appropriate to accomplish the vacation and/or termination of said Prior;Approvals and Instruments. The parties anticipate that these recordings will. take place contemporarnoously with the recording of the Final Plat. However, a delay isthe recording of any such vacation termination documents shall not affect or delay the recording of this Subdivision/PUD Agreement, the Final Plat, or the Final PUD Development Plan. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinance and Resolution. Pursuant to Ordinance No. 39 (Series of 2004) adopted on October 12, 2004, the Aspen City Council granted final e PUD development plan. approval for the development of a mixed. use timeshare lodge containing 24 fractional ownership units, 2 free mazket 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 gazage (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 Yeplat the remainder of the adjacent Tipple Woods Subdivision;. (ii) rezoned a portion of the Project site to CL, Commercial Lodge, Planned Unit Development; (iii) granted approval to condominiumize the Project and to 2 ,.~,., (llllllilillllllllllllinll Illlllilh~llllll ~~0 ~e0~:6, SILVIR DgVIS PITI(IN COUNTY Cp R 166.80' - D 0.80 sell the fractional ownership units pursuant to a timeshare use plan (the "Fractional Ownership Plan"); (iv) exempted from growth management the conversion of existing residential reconstruction credits. to lodge units, the reconstruction of demolished commercial square footage, and,the Project's on-site affordable housing units; and (v) approved an amendment to tfie 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 Subdivisioa/PUD Agreement incoiporates all of the pertinent provisions of Ordinance No: 30 and Resolution No. 28. Ia the event of any inconsistencybetween the provisions of Ordinance No. 30 and/or of Resolution No. 28, aad the provisions of this Subdivisioa/PUD Agreement, the provisions of this Snbdivision/PUD Agreement shall control. 2.2 Dimensional Reaairements. Ordinance No. 30 established and approved the following dlmeasional requirements for the Project: (a) Minimum Lot Size (Sq. Ft.) 66,737:. (b) Minimum Lot Width (Feet)* 206 . {c) Minimum Front Yard Setback (Fect)rt* 0 (d) _ Minimum East Side Yard Setback (Feet) 0 (e) Minimum West Side Yazd Setback (Feet) Q (~ Minimum Reaz Yard Setback (Feet) 4 (g) Maximum Height: (Feet) *** (h) Minimum Reduired Open Space (Percent) p {i) Maximum External Floor Area (Sq. Ft.) 108 000. (j) Minimum Off-Street Pazking Spaces s**s * 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 pazking gazage 2.3 .Vested Riehts. 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 ofthe-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. Ia 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 Properiy was 3 ,-,, .~-ti ..,, II~IN~I~~~lll~l~~ll~~~ll 5~0z~ ~:a, SILVIR DMIS PI,KIN DgRITY CO R 168.!0. 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 mazket residential units, the hotel units, the affordable housing units, the commercial spaces, the pazking spaces, and the other spaces and areas in the Project, the Fractional Ownership Plan, and all other matters set forth in Ordinance No. 30 (Series of 2004), Resolution No. 28, the Final Plat recorded in Piat Book ~J3 at Page 2 i ,and the Final PUD Development Plan for The Residences at Little Nell Subdivision/PUD recorded as Reception No.s~~! ,both in the Office of the Clerk and Recorder of Pitkin County,. Colorado, this Subdivison/PUD Agreement, and all other documents and plansaecorded concurrently herewith. 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 Comnonents of the Project. The timeshaze lodge Project approved pursuant to Ordinance No. 30 and Resolution No. 28 will consist of two attached multi- story structures which wi1T contain a maximum external floor area of 108;000. square feet, calculated in accordance with the City's floor azea regulations in effect on October. 25, 2002, which floor azea regulations are attached hereto as Exhibit A and made a part hereof by this reference. The Project will contain the following principal components: (a) Fractional Ownership Units. The Project will contain 24 Fractional Ownership Units which will be condominiumized and sold pursuant to the Fractional Ownership :Plan defined and described in the Declazatioa of Condominium for The Residences at Little Nell (the "Declazation'~ to be recorded in the Office of the Clerk and Recordcr of Pitkin County, Colorado contcmporaneotisly 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 Yo 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 aze not being occupied, by an Owner, an Owner's guest, or persons occupyingthe Unit under an exchangeprogram. (b) Free Market Residential Units.. The Project will contain 2 Free Market Residential Units which will be condominiumized and sold, and which maybe occupied on a short or long-term basis. It is not anticipated that these Units will be subject to the Fractional Ownership Plan, but under the Declaration RLND has reserved the right to convert either or both free 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. :~ .,, ))~~~~~~II~~'I IIII IIII Iuu tt ., iIIIIIQII~VNIIII~~~I~RIII~~I~~I~IIII es;~O21O ~ PIrKIN rAIRJI'Y CA R 166.00 ~~' 04.01 0 0.00 (c) Hotel Units. The Project will contain 8 traditional lodge rooms (Hotel Units) which. will not be subject to the Fractional Ownership Plan. These units will at all times be available for nightly rental to the puhlia {d) Affordable Housing Units. The Project will contain 8 Affordable Housing Units. The Units will be configured as stiudios, :and each Unit will contain a minimum of 400 square feet of net livable azea. 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 decd`restriction will reserve to RLND and its successors and assigns the first right from time to time to select .and place qualified tenants in the Units. No Certificate of Occupancy shall be issued for the Project until the deed restriction for the Affordable Housing Units has been executed and recorded. - --- -- Unless a differenYarrangement is worked out with the City, and only to the extent necessary to comply with applicable Colorado law, at the time of recording of the deed restriction RLND will convey cone-tenth of one percent interest in the Affordable Housing Units to APCHA. Said. one-tenth of one percent interest is hereinafter referred to as the "APCHA Interest", The conveyance of the APCHA .Interest shall be expressly subject to the understanding and agreement that (i) ownership of the APCHA Interest only gives the APCHA the right to enfocce 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 oa 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 assigsof 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) CommerciaUAccesso_rv Uses. The Project will contain a restaurant, baz, outdoor dining terrace, guest living room, fitness room, recreation room, business center, front desk concierge azea, 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. azea 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, baz 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 5 ~~II~~NNnn ,~mmm,NNj 1 f1~'~'~mI'ryNInN1 ~Nn~ ~'I ~I • •I NWI~.III ~f114101,I ~~11W0I 111 ~~N~~~ 05/~1O7/21005 04:01 SILVIF'DRNIS PITKIN COIMiY GO R .166.00- D. 0.00 - ycaz 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 cach yeaz, during all. daytime hours that the gondola, is open to the general public. During hours. of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events may be held. (f) Parkins. Under Section 2 of Ordinance No. 30 (Series of 2004), the City Council approved the following minimum off-street parking spaces for the Project: Seventy (70) parking spaces located on two levels in a subgrade parking garage. Eight ofthe 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 l; 2 and 3, First Amended Plat of the Tipple Woods Subdivision. - 3.2 Affordable Honsins Mitisation. (a) Reaairements. '(i) . RLND has agreed to provide affordable housing mitigation for 60 percent of the employees generated by the operation of the Project. The number of employees generated by the Project has been determined to be 75, hence affordable housing mitigation must be provided for 45 employees. (ii) RLND is .also required to provide 12 affordable housing bedrooms containing a minimum of 4;469 squaze feet of net livable azea pursuant to the City's Resident Multi-Family Replacement Program, which 12 bedroomsare considered to house I S employees. The. total number of employees for which RLND must provide affordable housing mitigation, hen, is 60. The Development Order. constitutes a "Certificate of Compliance" in accordance with Chapter 26.530 of the Aspen Land Use Regulations entitled "Multi-Family Housing Replacement Program' (iii) A minimum of 59 percent of the required affordable housing mitigation is to be provided within the City limits, and the remaining"41 percent maybe 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) Mitisation. (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 ] 0 employees. ~, ~ 4 f ~ `_: pegs: 7 of 33 I~~~I~~~'~~~~~~I~ 510210 05/17/2005 04:01 6ILV1R pRVi6 PIMIN COINTY CA R 150.00 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 ObermeyerPlace Project (the "Obenneyer 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 $3,370,440. 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 DownUnits, RLND and its successors and assigns shall be credited with housing a total of 26.25 employees. -- - -- (iii) The l0 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 jthe "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 employces 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 Obenneyer Buy Down Units and such units have been deed7estricted 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 Agenf~ pursuant to the Affordable Housing Buy Down Agreement, which assignment shalLauthorize 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~11~~I~I~~~I~~~~I~III~~~NII59° ea~0::e~ (vii). The employees to be housed in the 8 on-site Affordable Housing Units and the 8 AABC Units shall meet the qualification criteria contained in the APCHA Employee Housing Guidelines, as they maybe amended from time to time. 'The Obermeyer Buy Down Units shall be governed by the City Council approvals for - the Obermeyer Place Project. 3.3 Construction in Accordance with Piaas. Construction of the Project, and all of its component parts, shall be accomplished in substantial compliance with the. Final PUD Development Plan and with all azchitectural plans and 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 Traffic Flow, Shioaing and Receiving, and Roof Top Decks. ---- (a) Porte Cochere Traffic Flow. Traffic flow within the Project's entry gorte 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: Vehiculaz access to the Porte Cochere from Galena Street shall occur via Dean Avenue. (b) Shiooia>: and Receiving. 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 gazage, (c) Roof Toa Decks. The Project's roof top decks, swimming pool and hot tubs shall be used for the foliowingpurposes: Swimming, sun-bathing, food. and beverage service, and similar compatible uses. 3.5 Dean Avenge Improvements: Maintenance: Encroachment Ltcense.' 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 Plaa shall be revised to be consistent with any final master design plan that maybe finally adopted by the City for Dean Avenue improvements. In the event the City has not adopted such final master design plan by April 1, 2006, RLND shall no longer be obligated to make revisions to the Final PUD -- - _ Development Plan. Before a building permit is issued for the Project, the City and RLND shall enter into two (2) Encroachment Licenses. covering the portions of the Project that will encroachinto 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 thesecond 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.. 8 .-„ ,.~ ~..,.. III~I{~~~I~NIIIIa~~NINN~II~N~ ~~m 9~° a :aI SILVIP OPVIS PI7KIN COUdTY NCO - R 186.06 D 0.00 The design, installation, maintenance and operational costs for new surface and subsurface improvements to Dean Avenue shall be borne by RLND or its successor/assignee, The Residences at Little Nell Condominium. Association, Inc. (the "Association"). New subsurface improvements shall include a snowmelt system and similaz features but shall exclude existing. utilities within the right-of--way. Costs of replacing surface and subsurface improvements as a result of accessing :City-owned utilities or other subsurface work that damages surface and subsurface improvements installed by RLND, including the snowmelt system, shall be borne by the City.-The City shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work on non-City-owned utilities, 3.6 Utilities. (a) Water, sewer, electric, natural gas, telephone and cable TV service - -- -------- are available from existing main lines in Galena Street and Dean Avenue. RLND shall accomplish at its expense the utility improvements described in Article 4.1 below. (b) All utility service lines from these main lines to the Project shall be installed by RLND at its expense in compliance. with the Water and Sanitary Sewer Utilities Plan and the Shallow Utilities Plan recorded concurrently with the Final Plat, and shall be buried underground. All of said utilities shall be installed as subdivision improvements in accordance with Article N of this Subdivision/PUD. Agreement. (c) All utility tap fees shall be payable in accordance with the requirements of the utility regulations is effect at the lime of payment (d) All uses and construction shall comply with the City of Aspen Water System Standazds, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities: (e) RLND shall :comply with the Aspen Consolidated Sanitation- District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use of a pumping station.: 3.7 Relocation of City Water Liae. RLND shall accomplish, as a _ __ _ _ subdivision improvement, the relocation of the City ofAspen 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 Piat, and in accordance. with Article N of this Subdivision/PUD Agreement. 3.8 Drainaee. All development within the Project shall complywith 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 N of this Subdivision/PUD Agreement. 9 ,. --,. - Page: t0 of 33 I~~~~~~~~ul~~~l~~~l~~lnl 51021© 05/17/2005.04:01 SILVIA WriIS PITKIN COUNTY CO R 166.00 -, D 0,00 39 Landscaoin¢; 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 fora 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 LiQhtina. All development within the Project shall complywith 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 comer 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 contemporaneouslyvith this Subdivision/PUD Agreement as Reception No. .f/OZG~ 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 Onality. (a) The City has determined that, subject to the provision of vaa service for the Project's owners and guests,. and the advertising thereof, no further PM10 mitigation shall be required for the Project. _ (b) All development withisthe Project shall complywith 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 Slone Stability Monitorin . 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 ~, IIIN11~1811IIIgaINIIIIN~NN111NININNN ®;°,~°f0.381 SILVIP DRVIS PITKIN WlRfly Co R 166.00 D 0.00 and reporting program, contained in the Geotechnical Investigation for The Residences at Little Nell prepared by CTL/Thompson under dafe 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 ParkDeveloument 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 Pazagraph 5 of Section 11 of Ordinance No. 30. 3.18 Storm Water Draina¢e Svstem Fee. Before a building permit is issued for the Project, RLND shall pay to the City a fee in the amount of $ 172,000.00 as a' contribution towazd the cost of improvements to the City's storm water drainage system, and the City shall deposit the funds in a sepazate account for such purpose. In the event the City has not expended the funds for such purpose within 5 years following the date of this Subdivision/PUD Agreement,'the storm water drainage system fee shall be refunded to RLND together with 4 percent interest (non-compounded) accrued from date of payment to -date of reimbursement. 3.i9 Work in Public Ri¢ht-of-Wav. RLND shall.first obtain the approval of the appropriate City Department before commencement of any work within a public right-of--way. 3.20 Damaee to Pnblie Iiiehts-of-Wav. RLND shall repair any public right- of-way damaged daring construction ofthe 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 Constriction 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 Constriction Mana¢ement Plan. All construction activities on the Property shall comply with the Construction Site Maaagement Plan and Parking Plan submitted by RLND to the City concurrently with the building permit application. 11 I~~~III~~I~I~~II. ~~II ~~~II„{.~~II 65~®'/220605{04301 SIIVIP DRVIS PI7KIN COUNTY.CO R 166.00 D 0.00 3.23 Imnrovement Districts. On behalf of itself and any future owners of the Property and all interests therein, RLND agrees to join-any future improvement districts that maybe formed for the purpose of constructing improvements that benefit the Property under an assessment formula. 3.24 Condominium Man. Upon substantial completion of construction of the Project, RLND shall submit. a Condominium Map to the Community Development Director for review and approval. During the period of vested rights described in Section 2.3 above, the Condominium Map shall be reviewed under the applicable provisions of the City's Land Use Regulations in effect on October 25; 2002 (the date of submission of the Project's conceptual PUD application); which provisions aze 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 coadominiumization 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 StaQine. City hereby. grants to RLND a license to use so much of Dean Avenue adjacent to the Project site as maybe necessary from time to time for construction staging in connection with the Project. In consideratiosthereof, 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 Declazation, alI portions of the Project other than the Units (as defined in the Declazatioa) 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 Futnishings. 3.28 Roof Plan. RLND shall limit the rooftop mechanical equipment in the Project to the equipment depicted on the Roof Plan to be recorded as part of the Final PUD Development Plan, shall screen such equipment as shown on the Roof Plan, and shall use non-reflective roofing material. 3.29 Pre-ConstructionPre-Construction Meeting. Prior to submitting an Application for the Building Permit for the Project, a meeting shall be held among the following parties: RLND, the Project Architect, the Project Planner, the Prime Contractor, a City Staff Planner, a Community Development Engineer, a Zoning Officer, and a Building Official/Plans Examiner. The purpose of the meeting shall be to identify the approving ,,-. I~~IIlI~P11,I~1~~I~~1~I~~I01lUI 0590200~SF04301 - SILVIR DNVIS PITKIN COIRirY CO R 186.00 - D 0.00 Ordinance and any amendments thereto, identify conditions of approval, identify the timeline for Final Plat and Subdivision/PUD Agreement recordation, identify the types of building perznits 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 aze attached hereto collectively as Exhibit B. The aggregate estimated cost of such improvements is $819,589. 4.2 Before a building petmif is issued for the Project, a construction schedule for the above-described improvements shall be submitted to the City Engineering Depaztment, and all applicable right-of-way permits and licenses must be obtained. 4.3 RLND shall complete the landscaping of the Property and the Dean Avenue right-of--way in accordance with the Planting Plans no later than six (6) months following the issuance of a Certificate of Occupancy for the Project. RLND shall be .responsible for ensuring the success of all landscaping installed pursuant to the Planting Plans for a period of 2 years following the date of installation, and shall replace any landscaping that fails during such 2 year period. RLND or its successors or assigns shall have the right to plant additional native vegetation within the Residences at Little Nell Subdivision/PUD, as it may consider appropriate from time. to 6me, 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 (5819,589, updated as above required) and 125 percent of the current estimated cost of the landscaping. 13 -.r ~~~'IU~RII~I~I~.HII~~II~IH~~~~I~I~I X90` 0~~0 301 improvements (including 2 years of maintenance thereof) ($401,298, updated as above required), RLND shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of $1,220,887, updated as above required. Said letter of credit shall be provided to the City prior to the issuance of a building permit for the construction of the Project, shall be in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default by RLND, to draw funds as necessazy and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party,. with any excess letterof 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 aze completed, the CityEngineer shall inspect them, and upon approval and written acceptance, he shall authorize a reduction is the outstanding amount of the letterof 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 ofthe 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 4he enforcement and -- - -implementation of these financial assurances and guarantees to be provided by RLND as set forth above. ARTICLE V NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that RLND is not acting in substantial compliance with the terms of this Subdivision/PUD Agreement, the City shall notify RLND in writing specifying the alleged non-compliance and asking that RLND remedy the alleged non-compliance within such reasonable time as the City may determine, but 14 IIIiIIH111~~1~I~NII~N~INIII~I~~N.~~°?e~0 301 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 shallpromptly schedule a meeting of -.the parties to consider the matters set forth in the order ofnon-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City.. If the City determines that anon-compliance exists which has not been remedied, it may issue such orders: as may be appropriate, including the imposition of daily -fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy; as applicable; provided, however, no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Subdivision/PUD Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if RLND demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of RLND, despite good faith efforts on its - part to perform in a timely manner. ARTICLE VI PRIOR APPROVALS AND INSTRUMENTS 61 Plat ofTippler 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. 424873. 63 Resolution No. 98-06 of the Aspen Planning and Zoning-Commission recorded April 10, 1998 as Reception No. 415473, approving the proposed off-street pazking plan for the Tippler Townhomes Subdivision. 6.4 Ordiaancc No. 6 (Series of 1998) of the Aspen City Council adopted May 26, 1998, granting final subdivision approval for the Tippler Townhomes Subdivision. 15 n..,`. ~ Y ^^~W,,ppNpp 1n~~ww~~nryn11 111111~~I~ V~ I~I~~'~~~I~lull ~~I~I ~I~~I~~~I 59~22005f 04301 - SILVIR DRVIS PITKIN GOlR1iY LO R 166.00. D 0.00 - - - 6.5 Resolution No. b6 (Series of 2000) of the Aspen City Council adopted May 22, 2000, ganting 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 Februazy 26, 2005.. 6.7 Condominium Plat of Tipple Lodge recorded April 2, 1980 in Plat Book 9 at Page 22. 6.8 Condominium Declazation for Tipple Lodge recorded April 2, 1980 in Book 385 at Page 883. 6.9 Subdivision Exemption Ageement (Tipple Lodge Condominium) - __. recorded October 29, -1979 in Book 378 at Page 294. 6.10 Ordinance No. 23 (Series of 2003) of the Aspen City Council adopted June 23, 2003, approving the expansion of the Tippler Townhomes Subdivision onto the Tipple Lodge property. 6.11. Plat of Tipple Woods Subdivision recorded March 23. 1959 in Ditch Book 2A at Page 250, as amended by Subdivision Exception Plat recorded February 14, 1984 is Plat Book I S 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 Declazation for Tipple Inn (A Condominium) recorded May 10, :1966 in Book 220 at Page 3i 8; 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 I{{IIppII 1~~~~ III I I~~III I~ ~I ~ t1Y ~~ ~~~I I6'~ ~ INI 5 9 ®2 0 ©f 04303 SiLVIR DRVIS vIMIN COUNTY CO R 166.00 - D 0.00 - 7.2 This Subdivision/PUD Agreement shall be subject to-and construed in accordance'with the laws of the State of Colorado. 7.3 If any of the provisions of this Subdivision/PUD Agreement or any pazagraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision/PUD Agreement, and the application of any such provision, pazagraph, sentence, clause, phrase, word; or section in any other circumstance shall not be affected thereby: 7.4 This 8ubdivision/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 aze for convenience only, and shall not be deemed determinative of the substance contained herein. As used. herein, where. the context requires, the use of the singular shall include the plural and the use of any. gender shall include all genders. 7.6 Upon execufion 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 rccordation fees by RLND. 7.7 Notices to be given to the parties to this Subdivision/PUD Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to theparties by registered or certified mail at the addresses indicated: below, or such other addresses as maybe substituted upon written notice by theparties or their successors or assigns: CITY: RLND: With Copy to: City of Aspen City Manager 13:0 South Galena Street Aspen, CO 81611 Aspen Land Fund LLC; Managing Member Attention: Brooke Peterson 302 East Hopkins Avenue Aspen, CO 81611 Arthur C. Daily, Esq. Holland & Hart ur 17 ,,., ;~., 600 East Main Street Aspen, CO 81611 7.8 This Subdivision/PUD Agreement maybe 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. I II~ IIIry I~~ ~ ~ I~ llll ' es9•02zeesf e; ei SILVIa ORVIS PI7KIN CdNIY CD- R 166.!0 D 0.00 ~ .. 18 b,. .Kathryn S. Ko ,City Clerk APPROVED AS TO FORM: - _ i ~~~~~ john orce ter, City Attorney., RLND: THE RESIDENCES AT LITTLE HELL DEVELOPMENT, LLC, a Delaware limited liability company By: Aspen Land Fund, LLC, a Colorado invited liability company, Managing Member By: CWA Develogmeat, LLC, a Colorado limited liability. company, Manager y: Five C, a Col rado limited lie y any ^M tuber ~. By: orj a 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: , C n!~~~ Mayor fz:p Attes : "~~ .a„ V -L ~ Aad By: Centurion Partners Aspen, LLC, a Colorado Hmited ____.. ___ liability company, Member By: Centurion Partners, LLC, a I~~~~~~~~~nfl 51021© California limited liability company, pl page: 39 ar ~ Manager esinizees 04:91 SILVIG DRVIS PITKIN COUNTY CA R 106.90 D 0.00 - By: Scof Matteson, Managing Member 18 Mike with, Managi g Member I~~I~~~~~~NIU~~~I ~ 02zeesfei3e2 SILVIR navIS PIT121NCOlNTY t0 R Ibb.ee o e.OB STATE OF COLORADO ) ss. COUNTY OF PIT And By: Westpac Colorado LLC, a Colorado limited liability company, Member Patric N. Smith, Manager KIN ) The foregoing instrum w c wle befo a me this ~~day of 2005 by ~~~yo ,~a~n at n S. Koch as City .Clerk ofth City of Aspen, Colorado, a municipal corporation: Witness my hand and official scal. .~~`~~ PVg $n: ~:~i~ My commission expires: ~ 1~7~0~- .+ JAClQE t.0 (HUW ' m~, !oo otary Public. op Coy ~ STATE OF COLORADO ) ss. COUNTY OF ~Ini 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 Litile Nell Development, LLC,pD Delaware limited liability company. ~~ :: ' , co Witness my hand and official seal. Ft ~~, : a - - ------- o ' e~}~'t~ ~. H O ~ ' My commission ex fires: ~~ ~ ~ '= P /~~, ' ~ ~- e+ ~~~ - Notary Public A 5 f ~ . b°o'F. frlA ~N1 19 .~. , ~.. STATE OF L'AG.~f(ar-utg.) ss. COUNTY OF _®11~+~c,. ) ~~- T~he foregoing instrument was acknowledged before me this '2g day of -t~r~-1 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, aDelawaze limited liability-company. Witness my hand and official seal. M ~ c mmission ex ices: /~G.t 2 ~~ ----__ 1 _ SIFPNkN EGLY CanNNyioni1S~6117 '~ Modry PibBe- cY8em4. ~' oN.ao.ceanb Notary3 tilic MY CaIm.EwpYaawar2,2906 u 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 ofAspea Laad Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Ne11 Development, LLC, a Dclawaze limited liability company. Witness my hand and official seal. My commission expires: - Notary Public Page; 21 of 33 / (~~IINII~~~UIIW~~` ~1O2zees ea:e1 SILVIN DRVIS PITKIN COUNIY G0. R 166.00 - 0 0,E0 3188793 4.SjDOC - 20 r -~, ~,r . ~, .STATE OF CALIFORNIA ) COUNTY OF SANTA BARBARA ;. s s . On this: 26`" day of April, 2005,. before me, the ilndersigned, a No- tary Public in and for said State, gez•sonally appeared PATRICK SNIITB, personally known to me ( N• .~~„_.. _ ---z-=+=~c,zce) to be the person(.ej whose name(.a) is/are subscribed to the within instrument and acknowledged to me that he/~/ cuted the same in his/•~er/t~keis authorized ca acit ~y exe- his/her/.tkrir si nature p Y(aes), .and that by 4 (3) on the instrument the person(a), or the en- tity upon behalf of which the person(~sj acted, executed the instru- ment. ---- -. . _ SQSTN85S my handand official seal. s ~E1s1 R NGIARY PUBLICCALiCNMIC ~ Uhl... 0 wrt~ ~ ~ ~ Notary Public i n for id State OECHl6l70.~ NOTE: Attached to Subdivision/PIID Agreement for the Residences at hittle_Ne11Subdivision/POD undated re ^LittleNe11". iI'~"1 ••"1~~~~~n1„II II ~ E50@ ~~© 33 ~AVIS PITKIN COUNII'. CO /17/2005 04,01. - R l66.0f D 0:00 ~. .~, ~... .. s IIIIII VIII I IU~i IIII IIIIt!IIII III I/1I II IIII . ~ ~107/'E00@5f 04301 D 0.00 CONSENT OF MORTGAGEE The undersigned, being the holder of two liens on portions of Lot I, The Residences at Little Nell Subdivision/PUD pursuant to Deeds of Trust recorded as Reception Nos. 469347 and 500220 in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to and approves the recording of this Subdivision/PUD Agreement,'and hereby subordinates the liens of said Deeds of Trust to the matters set forth herein. Dated this ~ day of May, 2005. ---- -- Alpine Bank, Aspen By: Its: }_. STATE OF COLORADO ) ss COUNTY OF P7TKIN } The forego' Consent of Mortgagee was acknowledged before me this .~ day of May, 2005, b ~ 7- i~ 1~ as ~°~ ~ , ~~ of Alpine Bank, Aspen, a Colorado corporation. Witness my hand and official seal. My commission expires: //~ ~~p b,~~tY pVa N ary Public 2: _- J774870_LDOC._.-.____ __._. '~~ ~.-._ ~ - '~•~ ~~~M~~ .. JRN-03-2006 13:08 FROM:HOLLRND 8„k~gRT 9709259415 . i'tt• 11. i(i0§ 4;41PM i'" Assoc._YEiOrllctii TO,F',70 920 9310 dVo. D3U4 &~1i401tADTDUM To= pals Hendon, Cotmm~nity Development Director FROM: James Ludt, Senior Planner ~~ Ths Reeidentxs at Little Nell- Insubstantial POD A.mendmeAt DATE: December 8, 20D5 St1MMAAY: The itesidences at LiWe Nell, LLC, represented by Vann Associates, has applied for as irutrbstatttie( ameadtneat m the approved Residences at Little Nefl Subdiviaion/pUD to .- amend the appt+o~rod PUA to allow fix the two (2) &co-auuicet resdrntiaL vnita approved w'itbin the level ~ m Series oP2004, w~~ ~ ~ ~~~ ~ ~~ oP ~~' Ozdinea°c No. 30, 0D ~ N i? aPD~'ed the Residences at Little NeU Sabdivla3ea/P1.JD contained s ~ a ry a condition of approval allmvittg for tbo aubjeet units m be ftecdonaliud puzsuant w an t. ^ ~ o insubstantial PUD .mendmeat. O N T ~~ G17 a w m APPLxAftT; '[he Residences az Lisle Nell, LLG, Represented by'ilagp AaBOCiates. a: ZoNUtc: ~ Lodge with a PUD Overlay. _~ ~o ~^ u Ri~Y,'Ii.W PkOCF~UAE: `~ ~ Iix Community Developmenrt Director i'' vtsubStaTturl etnrndmnM II>Sy ~~~ approve with eonditions, Or deny an '.~ a 26.445,t00,Planrasd L'na'Devalapmenap~~ PUD ~ to Land Use Code Section ~g M~/~~.~y,~,, ~• a STwPF COMIh6iPr'S: ~~ in sLwiewiog the Applicatrt's request. Staff believes that the conversion being proposed is ~ r COIISirteM with the approvals grtmted in Orditraace No, 30, Series of 2004, approving the Residenoee et PSsle iJell 9abd1v1s1en/PUD. The ordlaaaee-aPPro*lag the original tirojott _~ a carrmitts a section ' pp y convect Line two 2 ~nB '~ the A licaot ma () wholly,owaed residential raters m frectimel uaiu and iocladG them in the timeshare use phun, provided that an insubsta~ial PUD saaeudoaent u approved for record ]v:ePmg parposea Staff fiather that the Ltniti ateP~co+n'etsiott is consistent wi& the kedging goals of the emnmupjty to likely to be occupied and rented on a ahorbtetm bones if they ~e included in the dmesharo uea Plan ~ ~ thy, ore roaiotaiaed as wholly-o~wped residential LnILa. liac:OSrML+ND.~17pN; Staff believes that this applica>ion meets the review stendarda for graaang as Inaubercaatial PUD amendment and reeommeads that the Conununiry I)aveloputmt Director ittsubstaailal PLTD autcndtrroat to allow for the two °~o~ tl+ie (Z) vvhOQy-owned residential traits Reteivec 'iae Dee.'3. 1D:59PM oEC-21-20e<Received~Time~'Jao. 3 ~6 07PM zo: t'RGE:002 R=95x JRN-03-2006 13:08 FROM:HOLLRI~ YyFdpRT 97092s941s T8~~0 920 9310 P.3 9 C~tc. Z1. ~(OS ~ 4:4i°M .n Assoc.:YctvPYi~~i ~Vo. 004 rP. 3 approved in the original PUD to be converted to timeshare lodge units and included in the T.aneshare use plan- ATtROvat,; I Eby aPPron thu insabstamial amclldmeltt to the Residences si Little Ncll 5}Ibdivisioll/PUD allowiag for the Lwo (Z) whollyrowned residential units to be converted ~ tirnesharo lodge roosr>s and lneluded in the Residcaces at Little Nell'a timrshare use plan, with the f~bllowing conditien: 1• The Applicant shall record this document at the Pitkin Colmty Clerk and Rccordex's Office within thirty (30) days of appmvaL 2• T1te units subject to the co~cx9ioa shall be inchlded in the timtesh~e use plan pursuant to t11e terms chat wuy applied to the other fractional units in the Rrsidcnces at Little Nell SubdivisionlPlJD. 3, The School Lands Dedication fees that were paid w the City of Aspen for the two (2) 8re market residential oaits yabjxt to this application shall not be refundable. Chris Sendon, Co~Ilutiity Developmnat D' ACCSPfANC~ ~ as a person beiDg oz teptesetaiztg the applleallt do hereby mgrca to the condition of this approval sod cwtify the infonmat]an Faovided in this applleatioa is correct +o the best of my knowledge. A9plieant: ATTaCl7MLryYS: ~ _ E1dlibit A -Review Critetie sad Staff1*mdiags FxhibitB - Application I ~ UI~ ~I~ 111111 ~I tIW I~I ~ ~~I IIII I 5 9 g X68 8 ]RNieE K v05 GKAIU oIMIN couNry oo I ~ 22/2005 01.Sai R 41.00 D 0.00 2 Received Time Det.13. 10'S9PM oEC-21-200x' ~,~~,... ~ •,.,,~., Received TimeRJan. 3.'` 6:'0'1PM I~° PgGE:003 Iz=9s: EXHIBIT _.__- _ _ - -- - _NOTICE OF APPROVAL- __.__ For an Insubstantial PUD Amendment and an Insubstantial Amendment to an Environmentally Sensitive Area Development Order to The Residences at Little Nell, 501 E. Dean Street ParcelNo.: 2737-182-93-6034,2737-182-93-6035,2737-182-93-6036,2737-182-93-6037, 2737-182-93-6038,2737-182-93-6039,2737-182-93-6040,2737-182-93-6041,2737-182-93- 6042,2737-182-93-6043,2737-182-93-6044,2737-182-93-6045,2737-182-93-6046,2737-182- 93-6047,2737-182-93-6048,2737-182-93-6049,2737-182-93-6050,2737-182-93-6051,2737- 182-93-6052,2737-182-93-6053,2737-182-93-6054,2737-182-93-6055,2737-182-93-6056, 2737-182-93-6057,2737-182-93-6058,2737-182-93-6059,2737-182-93-6060,2737-182-93- 6061,2737-182-93-6062,2737-182-93-6063,2737-182-93-6064,2737-182-93-6065,2737-182- 93-6066,2737-182-93-6067,2737-182-93-6068,2737-182-93-6069 APPLICANT: The Residences at Little Nell Development, LLC REPRESENTATIVE: Sunny Vann (Vann Associates, LLC) SUBJECT & SITE OF AMENDMENT: The Residences at Little Nell 501 E. Dean Street SUMMARY: The applicant has requested an Insubstantial PUD Amendment to the Residences at Little Nell for miscellaneous design/structural/azchitectural changes. The amendments include: • Revised Rooftop Stairs - The stairs have been narrowed to accommodate the equipment room enlazgement. o w ~ Pool Access Control Gates ~ ~ ~ - Security fencing has been added for controled access to the pool. °o z ~ • Egress Easement v ~ - An emergency access easement onto Dean Ave. from Aspen Ski Company to O Y c ~ = the Residences at Little Nell has been granted. ~a 0 0 = • Revised Egress and Reaz Residences Access Structure °o ~ - The roof assembly had been changed because of building code requirements. , y • Revised Unit B Roof Configuration > p C ~ - Roof changes were made to accommodate floor plan changes. a o ,; x • Revised Main Mechanical Exhaust Shaft Roof Assembly and Finished Roof Elevations v ~ u~. ~ - A 5 ft high screenwall to hide mechanical equipment/vents on the roof has who„ ~ ~ ~ ~ been added. • Revised Elevator #4 Overrun - Distinguishing between the elevator overrun and stairway on the roof. • Revised Pool Equipment and Rooftop Restrooms - The restrooms were enlazged to meet occupancy codes. • Elevator #7 Overrun - A 10' by 10' addition for elevator overrun has been added. Affordable Housing Units - The counter space requirements were adjusted and changes were made to be able to accommodate for ADA requirements. Revised Restaurant, Bar and Kitchen A restaurant prep kitchen and service kitchen have been added and the lobby azea has been extended by approximately 100 sq. fr. Ordinance No. 30 (Series of 2004) approved the final PUD for the Residences at the Little Nell. The site is a mixed use, timeshaze lodge, primarily zoned Commercial Lodge (CL), with a PUD overlay, which consists of 26 fractional ownerships, 8 lodge units, 8 affordable housing units and approximately 8,900 sq. fr. of net leasable azea. STAFF EVALUATIONS: Staff supports the proposed change to the Residences at Little Nell through an amendment to the PUD and Development Order related to the Environmentally Sensitive Area (ESA). The changes proposed aze consistent with the approvals granted in Ordinance 30, Series of 2004 approving the PUD. The changes allow for various small revisions to the project's azchitecture (stairways), more detailed design development (roof configuration/assembly, elevator ovemms) and compliance with building code requirements that aze minor in nature (pool access, restrooms, ADA requirements). In addition, the amendment makes note that an emergency egress easement had been granted to the Residences at the Little Nell from the Aspen Ski Company onto Dean Avenue. The proposed changes necessitate an amendment to the Environmentally Sensitive Area Development Order. The proposed changes minimally alter the approval, as the improvements aze generally interior or on the roof of the building. The changes will not affect the nature of the natural watershed, runoff, drainage, air quality or the grading. DECISION: The Community Development Director finds the Insubstantial PUD Amendment and Insubstantial Amendment to the ESA to be consistent with the standazds within Ordinance No. 30, Series 2004, and thereby APPROVES the amendment for the miscellaneous changes. AP ROVED BY: Chris Bendon Community Development Director Attachments: ~,~~ Date Exhibit A: Approved Changes on Plan Set Exhibit B: Review Criteria Exhibit C: Application -.,P. , I,~MMW~M~~~tl~~~ :m,o _. ~_~®E9~~ 9 ~~ ~i$~s.._ License Number. County Recording Data: - ---- ReceptionNumber. 'Book Number. _ Page Number. err-rrrrrr000CCC.'CCCCCLr'®-+-+~~ INSTRUCTIONS: COMPLETE 7NEFOLLOW(N~ SEC7)ONSASITAPPIJES 2PYOUR REQUEST THIS LICENSE ISFOR: ~aca+eoxc~ ' ^ TEMOPORARY SHORTTERl1 OCCUPATION OF PUBLIC ROW FROM _ TO ®TEMPORARY, PERPETUATED UNTIL. REVOKED BY THE CRY. ^ TEMPORARY FOR PRE-EXISTED CONDmON AND PERPETUATED UNiG. REVOIIO:O BY THE CITY. This Agreement made under this license and entered into this _day of _ , 2pp 5 , by ~ ~hv~ the Cm• OF ASPEN, Piticin County, Cobrado, hereinafter referred to as'ASPEN' and = . .The Residences at Little Nell 302 East .Ho , neontnmm,c,.r rT.r~ at pkine Avenue Aspen, ~CO~ .81611 ~+wwm.1 Paat,~winaadsaal. daytime phone number. ~ 970-544-0499 ,hereinafter referred to as ticensee'; ~ ' WHEREAS, licensee is the owner of the following described properties located in the City of Aspen, Pitkin Couniy, Colorado: Street Address: legal Address: Lot 1, The Residences at Little Nell Subdivision/PIID WHEREAS, said properties abut the following described public right(s)-of--way: Dean Avenue WHEREAS, Licensee desires to encroach upon said right-o~way #or the following purposes and as shown .and described m Exhibit °A°. attached toads License:- Enroachment of Residences at Little Nell Building (2,665 sq. ft. bnildin .encroachmept) ' WHEREAS, .Section 21.04.00 of City of Aspen Municipal Code delegates the.authoriitr to the City Engineer fo.grant encroachment licenses, , WHEREAS, ASPEN agrees to the grant of a pmrate license of encroachment. as built subject tD certain conditions, THEREFORE, in consideration of the mutual agreement herebafter contained,ASPEN and Licensee covenant and agree as follows: • _ 01. A revocable Gcerrse is hereby 9~thd to see to spy, maintain and ubT¢e the above described portion of public right-0f--way for the purposes described. _ 02 This license is granted for a speafic use and within a specified term as checked above, subject to being temlinated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. 03. This license shall be subo~nate to the right of ASPEN to use said area for any pubiK: purposes: 04. Licensee is responsible for the maintenance and repair of the public right-of-way, together with 'Improvements constructed therein, wfiicfi ASPEN, in the exeroise of il5 discretion, shall determine tD be necessary to keep the same in . a safe and dean condition. The Licensee sha0 obtain right-of-way and Building Permit as required by the City for anv ,- .~-~--•q~.§, I I~IIII ~IIII IIII4I VIII IIII IIIIIII VIII III ~IIII (~II (I~I 0 0 9 ~ Z 05 03 54 .~..... xt`. "... '~ w i.::..~.:- e5:..~.~ u(i:; `-.~.S.T~.raufar';+:a~.:~: D 0.00 14: The licensee waives any and all daims against the City of Aspen for loss or damage to the. improvements construded within the encroachment area. 15. The licensee dearly understands the fo~owing actions of licensee or hislher agents and employees shall automatically terminate and cancel this agreement . a) Discontinuation of insurance coverage b)Change of ownership or aiterafion of use from ffie original specific use in encroached area c)Resfrictloir of ASPEN or its agents and contractors from access to it's public land under the encroached area notorxupiedbyapreviouslyconstrucfedbmlding. - Underthese dreumstances; the licensee shall restore the right-of-way under ffie encroachment to its original or better conditions immediately. and in acxordance with the latest Engineering Department standards for improvements of~Public right of way. • IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written. - -- --- The Residences at Little Nell Development, LLC,.a Delaware"limited liability y By: Aspen Land Fund'LLC; Coo do ed - liabilit com an is n mb (Lccensee) Sy. ~ ' ro Pete son, u ed st o,iaiirv ' STATE OF COLORADO ) ~• County of •Pitkin ) 7 BYA NOTARYPUBUC: . The foregoing instrument was acknowledged before me this ~ day of m A-M . ,loos • by Brooke A. Peterson ae 'ahth.grized e gaatory or Aspenpen L~Fund, LLC, a Colorado limited liability comgahy, M~nag~[g Mcoemmbper of The Residences at Little Nell Development,'LLC, a Delawarg' 13.mized' t~lity WITNESyS MY HAND AND OFFICIAL SEAL.. ~ e ,~~-' ' r' o My commissionexpues: aylg t3~.~L ~-: ~.u '. i ~ (ono ~. m ,: ~n~ f~s~,,, ~.:~•~~;~~ . i ~~ ~ ~ (DO NOTYYRREB0.OWTt~L9ff,WRCrrTU5E0MXt VAL CONDfftONS (listaaryp ._ ' -~ ---- - . CITY OF ASPEN, COLORADO I By: 9 PEST: ,...._.._ __. _ _.. ~~--5~6~zc»~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~iIIIIIIIIIIII 590205 03:5< ` SILVIR DRVIS PI7KIN COUNTY 00 R 21.00 D 0.00 BUILDING AND UTILITY ENCROACHMENT DETAIL d PAECEL OF I.4ND Sfl'DpTEp IN SECTION 18. TONNSBQ'+ SO 3DUT$ RANGE B4 1PES1' OF THE ffiTH PRI32CIPdL MERIDIAN, C1TY.OF ASPEN, COUNTY OF PH.7.;ai,.STiTE OF COIARADO SHEET 7OT 2 - ~--~y f ~. i 1'if r I N14'S0~'I9"E' ~ D0.00' \~ `~g~ ~~ ,'„\ s :r , ~~~ ^,. - - '~ - N1450'49'E - 15.69' 1 o RssmAacAS~imzr N6l.L - ~ i ~~ ~ ~ ~ - svaorP~srw/AVn ~ , ~ ~ ~ _ 73U1LDING - - ENCROACI9IEN7' 2ao` z7f6S ay.R t b _ _ v ~J ~~~ t, fi_\ C CORNER N0. D /~i PoIAT oP ~ V ~ 'FOUND CAP~W BPoCK PAVFR iys ~1 ~~, /20757 ~~1 69.06 uTeJm - -- - ---- ~ J' ~ - ,. 4D8 ~q.ft t A7S09YT/ N4011f32'W u ~.f0' 2+.os ~ ~ f •4 4.82' ~ e FIRST /YBNGSD PLT OP S14 f9 /J77ZA' NRI.L SUBWPISlOX - - SSdLE - - 1.~. SOPRIS ENGINEERING - .T.r. ctYH. CONSULTIN'19 s02 HAUL S1RSE1', sO21E ds - ? IIIlllllllllllllllllllll8l 510205 IIIIIIIIIiliilllll I-III Page: 4 of 4 SILVIR DRVIS PITKIN COUNTY CO 05/17/2005 03:54 -. - - R 21.00 D 0.00 A PARCEL OF I.ABID STNdTED IN SECTION 10, TORNSBIP 10 SOOTA, RANGE 04 REST OF 1'EE 31RYH PRINCIPAL I~BIDIAN, CITY OF ASPEN. CODNIY OF PTTEGi, STdTE OF COIIIRADO _ SL~.L' f E OF 2 aDrLDnuc axcxodc~Nr PROP6R77 D2SCIi1P1'!ON d panxl of land sitruted in the Ctty of d+Pon Linn drxmcs R{yht-of-Y¢y, 6sany in Secffan ! p f0 So~d74 RanOe BI lsst of 37u Sixih PYinatpai Jferidinn and mon parfieulaaty dea~i6ed as $8inn{np at tM norihveest corner of Lot 2, aacordiny !o flu Ftrat 4mended Plat of Liltie NsD S`ubdivistorti nrcordsd as Rsctplion lio. of the Pitkirt Cmwdy. rseordr. uihenee Cbrnsr No. 8 . of the daPen 1b++rnsitrRoundary bears N.IO'Of.'StI. 27.98 ,hd. !tu TRUd PD1M OF-B1~INMNC; theru:t S.f/'t:0'I8'1-., along the uoaterty 6amWary lira of mid Lot P a distam of 8.8i Post to therurtluast a of Lat r..Residsnus at Lit13r Neu Suhd;mia{on/PVR aooerd~lnp to the Ptisar Rat ih.reof nemdod 1 Co+eatY ~CC+d+: thnros rsavtnp mid useateriy boundary L{TM N.76108'!#> ~. Nwony w nortruiy 6eu.Woay line of mid Lot 1 a dtstnnce of f88.88 16si; tM~ae lanvi mid twrlhMy bwa~dnryrino N.14'60'~B'&, a distends of 16.88 fret; thence 5.76`08'06'&, a distarws o f8B.88 frd; ll~enoe S!I'SO'/8`1-, a distance of 11.85 frd to the PO1N1' OF BEGINMNG~ ~ f Snid pnmt of Land. costa{n{ftg $888squnrs fad,. rron or rssc ~ ~. DrrLtrr aA~cROdc>mtsxr PROPBRfT DFSCItrPIlON d Pwost of land situated im the City of dsPen Dann Ivenur R{pht-of-way. bsit,8 {n section fa. {p f0 Sourly Range Et lest of the Sis:th PrGicipoi: Meridian w~d~ mars fanrticrdaKy described ns Beyinntng at the rwtthwst corner of Lot E. amording Za the First drruttded Rat of Lints Neu Svbdivisior4 nraoNed as Rroeption Na of tM Pttlcin Osunty nwmda, viherue tbrner No. B of the dsPen lbvrnsits 9~undcry beans N.IO'O1'SYI. 27.88 fesf, the 7'HI18 PO1NT OF 9~rMYlA~; thence N.1f'SO'e8'&, a d{rtanot of 1f.B@ fM; thnu:s 5.76'08'!8'&, a dirtana of 2.1.80 fui; lherue 5.14'SO'18'1-., a distance of 18.88 frd to a Point on tM mrihaty boundary rime of mid Lot 2; therur S.fI'S0'18"A, .atone m{d northsrty iorwrdary line a distanw f0.00 fnet; therua oonlinu{ng done mid mortlw{yboundary line N.7b`OH'1Tw, a d{etam of 1.82 feei• francs can{{ma{ng atong mid rw~iherty boundary rive N./O Gf'Sl-, a d4tame of Ei.08.JNt to the 7'OLN7' OF BIa:INNLI~.. Sa{d Pare'er of land eontairsinp 188 ryuan ,fief, more or isss.- - SOPRIS ENGINEERING - LC cl7n co1ISDLYANls soz YAni bar, sDrrs as EXHIBIT ".`.. ,.... h ASPEN *PITKIN COMMUNITY DEVELOPMENT DEPARTME PERMIT AP $ /~ PITKIN COUNTY ~] CITY OF ASPEN ~ 130 South Galena 970 / 920-5526 970 / 920-5090 Aspen, CO 81611 970 / 920-5532 Inspection Line 970 / 920-5448 Inspection Line PERMIT No. Applicant to complete nambered spaosR Onty. - Permlt JOB ADDRESS 1. ! ~~~~GT BD 2. ~~ L NO~~/ BLOCK TRACfORSUBDMGIO/ N - ~ ~BEEATTAGNEDaNE~ "~'~~/_}'//~~'J G/-rG " /I/ DE OWNER MAL ADDRESS ZIP PNO NE 3/`,~3//~6S~ES TL//'~IE~L ~1G ~~; /h!S S~¢ ©¢1`~ FD OWNER'SAUTHOPoZEDnGENT MP1LADfx1 PHONE IX:ENSENO FN 4. ~~ /~E MH 5, CONIAAOTOR MyLADdiES& PHONE LK:FNGE NO MS ARCNRECT OR ENGINEQV OF RECORD MALADDnES$ RF PHONE l1CENSE NO s . /'~/~ S`-c..Y~/o ¢~3l T~Il~ /„/~.~''~ 2¢7-¢A~ SN OF WORK 7 EWER CODE FEE US LENSUS CODE G.I.S FEE • NEW ^ ADDITION ^ ALTERATION ^ REPAIR ^ USE OF BUILdNG ^SINGLE FA ILY ^MULT-FAMILV $ PIAN CHECK FEE PERMn FEE ZPJwG FEE ' O COMMERCLll/RESIDEN7IAL COMMERCIAL THER '-~ YALLMTIDN OF WORK FX STNG S T 9 I O. AGS 10 SIXIMErOOTAGE THIS PEAMR Type olCaninwylon Occipxrrlry Eiroup LM Ana . ~ . 11. Is there food service inthis building ^vas ENO sw^'alla~ Np.asl,rieP Oa.tnaD trod Fquere .I 12. Is LPG used'~vt:s~o 13 ND. aF SEOAWMS Uee Zme Rre sPlnllles AeOuefi oru ^1b . pazcel ID# call 920-5160 E%RIAdG Aoom Nam S•LMn Repuiree? Ovn ONp 14 . Description of Work Nu. p, oMer;no ure: OFFSTREET PARKING SPACES l~~ f Lvsetl Uzvaed SPEC4LLAPPRWAl3 REPINED AU1H011QFO BY DATE zowNG NP.C. P.WKDEMCATION PRFSL9MITTN. APPLYAigNACCEPTED PLAN$CJffCKED MPigaFp PJR 14&NUVCE ENVND. HEALTH ENGINEEAMG 6Y BY BY Br PARKG DATE D ZE NATURAL RESOURCES DALE A p{m FIRE MARBHAL NOTICE SEPARATE PERMR$ ARE REQUIRED Fqi EIFCTRICAL PLUMBWG AT H J wum rAP p , , E G, VEMILATING OR AIR CONDnTONING. ASPEN CONSOL SAN. DIST. THIS PERMR BECOMES NULL AND VqD IF WORK OR CONSTRUCTON AURiORIZm IS ~~ NOT COMMENCm WfiHIN 12 MONTHS, OR IF CONSTRUCnON OAVJOPo( IS SUSPENDED ORABPNDONED FORAPERIOD OF780 DAYS ATANV TIME AFTERWgTK IS COMMENCED. PAYMENT OF PITKIN COUNTY USE TAX I HEREBY CERITFY THAT I HAVE READ AND EXAMINED THIS APPLK;ATK)N ANO IOJOW THE ~ MONTHLY OR OUARIERLY flENRN$ WILL BE SUBMfITED SAME TO BE TRUE AND CORRECT ALL PRONSIONS OF LAWS AND ORDINANCES GOV- . T ERNWG THIS TYPE OF WORK WILL BE COMPIJED WTM WHETHER SPECIRED HEREIN OR NOT THE GRANTING OF A PERMIT DOES NOT PRESUME TO GNE AUTHOR V ^DEPOSIT METHODS%OF 25%OF THE PERMIT VALUATION PAID . fi TO VIOLATE OR CANCEL THE PROVISIgJS OF ANY QiHETi STATE OR LOCAL UW REGlAAT1NG CON- AT ISSUANCE A FlNAL REPORT ON TOTAL ACTUAL COST MUST STRUCTION OFi THE PERFORMANCE OF CONSTRUCTON. R IS MV RESPONSIBILTN TO RE FlLED WTH IN 90 DAYS OF SUBSTANTIAL COMPLETION OF i REVIEW THE APPROVED PLANS AND ANY COMMENTS THAT ARE CONTNNED THEREON WORK AND / OR ISSUANCE OF THE CERRFICATE OF OCCUPANCY. AND SEE THAT THE STRUCTURE AND/OR PROJECT IS BUILT IN COMPLIANCE WTTH ALL APP C B ^EXEMPT EXEMPT LI A LE CODES. : ORGANIZATION ', ~ RESALE STATE & PTTKIN COUMRf RESALE NO. sGNmuREOF coNnwcTOR wATEt ANYONE WHO USES AND/ OR CONSIRdES BUILDING MATEPoALS ANO FIXTURES IN PffKIN COUNTY IS SUBJECTIO THE b% USE TAX. PwNr NcME PROPERTY LIENS MAY BE PLACED ON THE OWNER'S ANO /OR THE CON- ' TRACTOR'S PROPERTY WHEN USE TAX IS NOT PAID ' sIONATUREOF OWNER IIF OwNm eullDeo mAlq THIS FORM IS A PERMn ONLV WHEN VALIDATED Emergy Code Fae Plan Check Fee Zoning Fee GIS Fee WORK STARTED WITHOUT PERMn WILL BE DOUBLE FEE PermR Fee Use Tax DBPOSit Fee Other Fees :. 4, 2 s A m 2 O z m a-,, +. , Tee Grr car Asew ,, CITY OF ASPEN SIGN PERMIT APPLICATION CHECKLIST NOTE: This is a general list of required information. More information may be required as each project is individually evaluated. When such a request is made, the application can progress only after the necessary information is received. o Permit application form (including legal description and parcel ID number o A letter of consent from the owner of the building if the applicant is not the owner or tenant o Proposed location of sign o A blue print or ink drawing of plans which include method of construction for the sign and it's supports, proposed dimensions, materials, color, type, intensity and design of the sign's illumination, ifany. o An 11x17 (size of paper) copy of plan o The dimensions, measurements and calculations of building frontages and line frontages on streets and alleys; the dimensions of any other signs located on the property; and any other information needed to demonstrate compliance with appropriate sign regulations. o Is the sight listed on the "Inventory of Historic Sites and Structures"? (Check with the Historic Preservation Officer at 920-5090) Owner ~~ ~~ ~/ G:\city\Ilandouts On Wall\sign permit application.doc O ~> 'C3 Cij b y o r O O .y ~~ ~ p v i N ~~ 0 0 ~~ e M I` Cij ~ V .~~, N eye ~ `~ ~ ~ °o N • .moo ~ ,, as =~ ~ ~- oar ~ ? Q O ~ `~ q o~ ~ ~ ~_ L -I--~ N L a w Z 0 ~ ~~ ~~ ~ ~ ~, ~ 'b ~~ o V_ ~ ~, ro w o ~ . .~ W H H W x H H W U W A W v~ N Z w N ~ ° W W ~ col o`// (, B P eas'4 5T ~esicn 'Clvin sha e ro id Attn: City of Aspen, Community Development From: Andrew Baca, Project Manager, YDS Re: Master Sign Plan Proposal Residences at Little Nell September 17, 2008 ~~ General Narrative: This proposed Master Sign Plan for the Residences at Little Nell, 401 E. Dean St., Aspen Colorado, has been separated into three distinct elevations. The East (S. Hunter St.) and West (Galena St.) elevations request 20 square feet each of aggregate sign area per building fagade. The linear frontage of these two Elevations allows for a maximum of 20 square feet (Aspen Municipal Sign Code 26.510.130 D.l.c (5)). A Lotting and Easement Plat showing the linear frontages for this project is included in this proposal as Exhibit. `A'. The North elevation (Dean Street) focuses on the creation of a `Pedestrian Retail Plaza' along the RLN Dean Street Arcade. This proposal requests that the North building elevation be segmented into individual `store J fronts'. This concept replicates most of the commercial streetscapes existing within the CBD. At 214' of linear frontage, this is one of the longest commercial linear frontages found anywhere in the city limits. The specific details of this proposal are as follows: Increase the allowed aggregate square footage for the North Elevation to 68.5 square feet. The average lot / frontage in the City of Aspen is considerably smaller than the 214' of linear frontage existing at the North Elevation of the Residences at Little Nell. The factual basis for this request is as follows: 20 square feet of allowable signage area serves 601inear feet of frontage (1 square foot of aggregate sign area for each three (3) feet of lot dine frontage), 68.5 square feet of allowable area serves 2141inear feet of frontage. • As is demonstrated in Addendum `B', the North Elevation has 6 distinctive architectural treatments which may be considered as different Elevations. • As there will be five (5) commercial spaces as well as the residences, a `Pedestrian Retail Plaza' can be created via the use of varying sign types, including free-standing signage, awnings and window lettering. The free standing signage proposed herein, along the Dean Street Arcade, will employ different shapes and colors to reflect the individual identity of retail locations. The free standing sign posts are intended to accent the existing landscape and pedestrian walkway. They also `emulate' design elements and coloration from the railings found on the building balconies. d Page 1 of 4 ~' ,~ As part of the proposed Master Sign Plan, a `Special Provisions' sheet is included, shown as `Exhibit B'. These Provisions will serve to prohibit the use of loud or obnoxious color schemes, improperly maintained signage, „ inappropriate use of lighting, homemade signs, etc. These Provisions will also require that should a tenant wish ,,~,, to install signage anywhere on this property, they will be required to apply for a sign permit through the City of Aspen, Community Development Office. All signage must adhere to the requirements of the approved Master Sign Plan as well as the Aspen Municipal Sign Code as appropriate. Thank you in advance for your attention to this matter, and please do not hesitate to contact this office with any questions or concerns. 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J J W z J ~_ J Q W U z w ~_ ~ ~ • z _~ p-' ~ ~, ~ . v v~ b ~ bA v~ o ~ bA ~ ~ ~ c~ ~ :~ ~ ~ a, ~ ~ ~ o ~1 ~ N O Cn ~ U ~ O , cn ~ ~ U ~ U ~.~ CC " ~ V1 ~-' ~ ^ '~ • 0 ~ N V O m :y~ 4d ~'~P d~ ~~ G~ ~'~P d~ ~~J G~ ~'~P ~,, J~ G~ ~'~P d~ '~,~ ~d ~~~ d~ ~b~ ~'a ~~~ a,, - -- _ _ ~ ~% (IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III 504,Zfi8 35:06f SILVIR ORVIS PITKIN COUNTY CO R 76.00 0 0.00 ~ ------Ordinance-hlo. 3b (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING FINAL PLANNED UNIT DEVELOPMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS] EXEMPTIONS, SUBDIVISION, CONDOM11vIUMIZATION, TIMESHARE, AN AMENDMENT TO THE OFFICIAL ZONING MAP, AND ACCEPTING A DEDICATION OF LAND FOR PUBLIC-RIGHT-WAY IMPROVEMENTS FOR TIi~ RESIDENCES AT LITTLE NELL, LOCATED AT 535 DEAN AVENTJE, AND AN AMENDMENT TO THE LITTLE NELL SPECIALLY PLANNED AREA, LOCATED AT 675 EAST DURANT AVENUE, CITY 0)! ASPEN, PITIQN COUNTY,COLORADO. Parcel ID (Tipple Lodge Parcel): 2737-182-36945 Parcel ID (Tipple Inn Parcel): 2737-182-36291 Parcel ID (Tippler Parcel): 2737-182-96033 Parcel ID (Conservation Parcel): 2737-182-36877 Parcel ID (Aspen Slding Company Parcel): 2737-182-00080 Parcel ID (Little Nell Hotel Parcel): 2737-182-50102 Parcel ID (Henn Residence): 2737-182-96002 Parcel ID (Anderman Residence): 2737-182-96005 ~„~ Parcel ID (Jacoby Residence): 2737-182-96004 Parcel H) (Westpac Residence): 2737-182-96003 WHEREAS, the Community Development Department received an application from the Aspen Land Fund, LLC (Applicant), represented by Sunny Vann of Vann Associates, requesting approval of a Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare approval, Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, 8040 Greenline Review, and a dedication of land to the Dean Street right-of--way for the Residences at Little Nell Planned Unit Development; and, WHEREAS, the application submitted for the Residences at Little Nell (plans dated May 1, 2004) proposes a 108,000 square foot, multi-story structure consisting of 24 timeshaze units, 8 hotel rooms, 2 condominium units, 8 affordable housing units, approximately 8,900 squaze feet of commercial space, and a 70 space sub-grade pazking gazage; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Pazks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the Final Planned Unit Development (PUD), Crrowth Management ,P"1 Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, City of Aspen Ordinance No. 30, Page 1 Series of 2004. ~^ I IIIIII VIII IIIIII IIIII IIIII IIII (IIIIII III IIIII IIII IIII 5D4 z68 11 :06q SILVIq DgVI5 PITKIN COUNTY CO R 76.00 D 0.00 ~ Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.430 of the Land Use Code, Special Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.435 of the Land Use Code, 8040 Greenline Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Comrriunity Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to the Official Zone District Map, Section 26:440 (Special Planned Area & Amendment), Section 26.445 (Final Planned Unit Development), Section 26.470 (Growth Management Quota System Exemptions), Section 26.480 (Subdivision and Condominiumization), Section 26.590 (Timeshare) approval may be granted by the City Council at a duly noticed public heazing after considering recommendations by the Planning and Zoning Conunission, the Community Development Director, and relevant referral agencies; and, WHEREAS, at their regulazly scheduled meeting on June 2, 2004, the Aspen / Pitkin County Housing Authority forwarded a unanimous recommendation of approval ~ with conditions to City Council to approve the proposed affordable housing mitigation and replacement units for the Residences at Little Nell; and WHEREAS, Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshaze, Special Review, Amendment to the' Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, the subdivision approval is for the amendment to the Little Nell Subdivision and adjacent Aspen Skiing Company pazcel to create pazcels to be conveyed and become part of Lot #1 Residences at Little Nell Subdivision, a replacing of the Tipple Woods Subdivision dissolving and replacing all former plats and renumbering former Lots 4,' S, and 6 as new Lots 1, 2, and 3, creation of Lot #1 of the Residences at Little Nell Subdivision with new easements and boundaries and eliminating all former internal property boundaries and easements, creation of multi-family units on Lot #1 Residences at Little Nell Subdivision, and creation timeshare estates on Lot #1 Residences at Little Nell Subdivision; and, WHEREAS, during a regulaz meeting on August 3, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to August 10, 2004; then continued it to August 17, 2004 f'1 where the Planning and Zoning Commission approved the request for Special Review and City of Aspen Ordinance No. 30, Page 2 Series of 2004. ,. i IIIIIII~IIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIII ~i04 Z68 ii:e6P . SIIVIq DRViS PITKIN COUNTY CO R 76.00 D 0.00 ~ the 8040 Greenline Review and recommended City Council approve the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshaze, Amendment to the Official Zoning Map, and Special Planned Area Amendment by a four to zero (4-0) vote, with the fmdings and conditions listed hereinafrer; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Dn•ector, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the application meeting or exceeding all applicable standazds of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council fords that the application for rezoning meets or exceeds the applicable standards for rezoning, including whether the proposed amendment is in conflict with any applicable portions of this Title, whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan, whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics, the effect of the proposed amendment on traffic generation and mad safety, whether and the extent to which the proposed ~ amendment would result in demands on public, facilities,' and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, pazks, drainage, schools, and emergency medical facilities, whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, whether the proposed amendment is consistent and compatible with the community character in the City of Aspen, whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment, whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title, staff analysis of these standards included in Exhibit C of the September 27, 2004, staff memorandum to City Council, and comments and testimony provided by the public during public hearing; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CTI'Y OF A5PEN, COLORADO as follows: The Residences at Little Nell project is hereby approved, subject to the conditions of approval listed hereinafrer. Section 1: Rezonine City of Aspen Ordinance No. 30, Page 3 Series of 2004. ~..,~ The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat and Final PUD Plans, amended by the Community Development Director to reflect Lot #1 of the Residences at Little Nell as included in the Commercial Lodge (CL), Conservation (C), and Lodge Tourist Residential (LTR) zone districts, as depicted in Exhibit A to this Ordinance and to be more precisely delineated on the Zoning Map of the Final PUD Plans. Section 2: Proiect Dimensions Considering the dimensions of the underlying zone districts of the Residences at Little Nell property as a guide, the following dimensions of the project are approved and shall be reflected in the Final PUD Plans: 5©4168 IIIIIIIVIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIVIIIIIIIIIII00 ~91g020000 5__~ .. City of Aspen Ordinance No. 30, Page 4 Serles of 2004. ~f"'~ Minimum Lot Size 66,737 S uaze Feet Minimum Lot Area per Dwelling Unit No requirement Maximum Allowable Density No requirement 24 units, comprised of 19three-bedroom units Timeshaze units and Sfour-bedroom units. 16 of the timeshaze units include "lock-off' units for a total of 40 rentable divisions. Lod a Units 8 units 2 Free-mazket units. Also see Section 9. Residential Units 8 Affordable Studio units. Also see Section 8 Minimum Lot Width 206 feet measured along the Dean Avenue ri t-of-wa . Minimum Front Yazd Setback 0 feet Minimum West Side Yard Setback 0 feet Minimum East Side Yard Setback 0 feet Minimum Reaz Yazd 4 feet Maximum Site Coverage As represented on Final PUD Development Plan. Reference drawin #9 of a lication. As represented in the recorded Final PUD Plans Height Plan. Also see Section 3. Maximum Height Reference drawing #30 of application. The recorded Height Plan shall govern over the a lication drawin s. Min. Distance between Buildin s No Re uirement 0 percent, provided azeas outside the building Min. Percent of Open Space footprint shall only be developed according to the Final PUD Development Plan. Reference drawin #9 of a lication. Allowable External Floor Area 108,000 s uaze feet. 2 short-term spaces within the pone-cochere Minimum Off-Street Pazking Spaces 70 spaces within the underground parking garage. Reference drawings # 10 and # 11 of a lication. Section 3: Height Plan The Final PUD Plans shall include a height plan depicting the height of the building at various points relative to the lower of existing or proposed grade and relative to a fixed elevation control point. Section 4: Multi-Family Housing Replacement Program The Development Order issued commensurate with final approval by City Counci] shall constitute a "Certificate of Compliance" in accordance with Chapter 26:530 - Multi- ~ Family Housing Replacement Program. City of Aspen Ordinance No. 30, Page 5 Series of 2004. r^ P^: f'"1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 504 668 is:esa SILVIa DaVIS PITKIN COUNTY CO R 76.00 D 0.00 Section 5: Imnact Fees Park Imnact Fees of $58,315.95 shall be assessed. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall. require a new calculation. The following fee total is based on the current fee schedule: Pazk Fees -Proposed Development: 8 Studio affordable housing units @ $1,520 per unit = $12,160 8 studio lodge units@ $1,520 per unit = $12,160 19three-bedroom lodge units @ $3,634 per unit = $69,046 5 four-bedroom lodge units @ $3,634 per unit = $18,170 2 four-bedroom residential units @ $3,634 per unit = $7,268 8,900 square feet of Commercial @ $1,785 per 1,000 s.f. _ $15,886.50 Total =$134,690.50 Park Fees -Credit for Existing Development 2 Studio residential units@ $1,520 per unit = $3,034 10 studio lodge units@ $1,520 per unit = $15,200 3one-bedroom units@ $2,120 per unit = $6,360 9 two-bedroom units@ $2,725 per unit = $24,525 1 four-bedroom unit@ $3,634 perunit = $3,634 13,230 squaze feet of commercial @ $1,785 per 1,000 s.f. _ $23,615.55 Total Credit = ($76,374.55) Total Park Impact Fee Due = $58,315.95 !R^'1 School Land Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $28,357,900 from information on recent transactions provided by the applicant. Divided by the 1.55 acres of land area (67,618 square feet), this results in a per acre value of $18,295,419. One-third of this value divided by the proposed 10 residential units results in a $609,847 per acre .standazd for calculating the impact fee. The subject subdivision is not wnducive to locating a school facility and acash-in-lieu payment shall be accepted. School Land Dedicafion Fees are follows, payable at building permit issuance: 1/3 land Land Per unit Number value per Dedication Fee of Units unit per standazd acre (acres Studio/One $609,847 .0012 $731.81 8 $5,854:50 bedroom Two Bedroom $609,847 .0095 $5,793.55 0 $0 City of Aspen Ordinance No. 30, Series of 2004. Page 6 .,,: IIIIIIIVIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIVIIIIIIIIIII 5~~ z~s 33:068 SIIVIR DRVIS PITKIN COUNTY CO R 76 ww n w ww Three Bedroom $609,847 .0162 $9,879.52 0 $0 Four Bedroom $609,847 .0248 $15,124.20 2 $30,248.40 Total: $36102.90 Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The above fee total is based on the current fee schedule. Section 6: Water Department Standards The applicant shall comply with the City of Aspen Water System Standazds, with Title 25, and with applicable standazds of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 7: Sanitation District Standards The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No 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. Section 8: Affordable Housin The applicant shall provide affordable housing mitigation for 60 Full-Time Equivalents in the following manner: • Eight studio rental units to be constructed on site and restricted to Category 2. • Fifteen units to be provided by the "buy down" of the Obermeyer Resident Occupied (RO) one-bedroom units. Seven of these units shall be Category 2 and eight shall be Category 3. • Eight three-bedroom for-sale units to be constructed at the Aspen Airport Business Center (AABC), Irnown as the Alpine Grove Condominiums. Three of these units shall be Category 2 and 5 shall be Category 3. A Certificate of Occupancy for the Residences at Little Nell shall not be issued until such time as Certificates of Occupancy for the deed restricted affordable housing units, which are required for mitigafion, have been issued. f'~~ The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the APCHA Guidelines and the Obermeyer buy-down units shall be governed by the City Council approvals for the Obermeyer Place project. The applicant shall structure a deed restriction for the eight on-site studio rental units such that I/l0a' of 1% of those units are deeded in perpetuity to the APCHA; or the applicant may propose any other means that that APCHA determines acceptable. City of Aspen Ordinance No. 30, Page 7 Series of 2004. (^ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIII 5©4 268 ii:meR 5[LVIR DRViS PITKIN COUNTY CO R 78.00 D 0.00 ~ Employees to be housed in the dee -restncte amts s meet e mmtmum occupancy requirements under the APCHA Guidelines. The deed restriction shall be recorded concurrently with the recordation of the condominium map to the City of Aspen and shall abide by all restrictions as stated in the Guidelines. The two free mazket condominium units may be condominiumized and sold as wholly- owned residential units and occupied on a short- or long-term basis. These two units may be converted and included as part of the timeshaze use plan pursuant to an Insubstantial PUD Amendment. Section 10: Subdivision Plat & Final PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and a Final PUD Development Plan. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and shall include: 1. The final property boundaries and disposition of lands to be dedicated to the Dean Streetright-of--way. 2. The location of Revocable Encroachments for physical improvements within public rights-of--way with reference to agreements and licenses appended to the ~ PUD Agreement. 3. The location of utility pedestals with access easements for the utility provider. Transformers and pedestals shall be located outside of the public right-of--way. 4. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. The Finat PUD Plans shall include: 1. An illustrative site plan with adequate snow storage azeas and/or snow melted areas depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Pazks Department. 3. Design specifications and profiles for the Dean Street improvements. To the extent practicable, the design for Dean Street improvements shall be consistent with any final master design plan adopted by the City for Dean Street improvements. 4. An azchitectural character plan demonstrating the general architectural character and depicting materials, fenestration, projections, and locations of projections such as elevator shaft heads, mechanical equipment, etc. Mechanical equipment shall be screened from pedestrian view. City of Aspen Ordinance No. 30, Page 8 Series of 2004. r , ^~ ~/ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII00504D 68oii ~oea 5. Floor plans. of each level depicting, unit divisions and plaza level improvements. _, 6. A utility plan meeting the standazds of the City Engineer and City utility agencies. 7. A grading/drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground rechazge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer (also see Sectionl 1, condition 6.) 8. An exterior lighting plan meeting the requirements of Section 26.575.150. Section 11: Subdivision/PUD A regiment Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed iri Section 26.445.070, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of--way with reference to their locations depicted on the Subdivision Plat. 2. The agreement shall state the ownership and maintenance responsibilities of the ~'">, common azeas of the project. 3. The agreement shall include a maintenance and operating agreement for Dean Street. The design, installation, maintenance and operational costs for new surface and subsurface improvements to Dean Street shall be home by the owner of the Residences at Little Nell project and its successors and assigns. New subsurface improvements shall include a snowmelt system and similar features but exclude existing utilities within the right-of--way. Costs of replacing surface and subsurface improvements as a result of accessing City-owned utilities or other subsurface work that damages surface and subsurface improvements installed by Residences at Little Nell, including the snowmelt system, shall be home by the City of Aspen. The City of Aspen shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work on non-City-owned utilities. 4. An estimated constnucton schedule with estimated schedules for construction phases affecting city streets and infrastructure and provisions for noticing the City Streets Department, the City Engineering Department, utility providers (including City agencies), and emergency service providers. 5. An agreement to return Galena Street to an acceptable condition after construction, as deternuned by the City Engineer. Subsurface work may be necessary. Curb and gutter work may be necessary. A final two-inch overlay may be necessary. In the alternative, the applicant may pay aone-time payment concurrent with receipt of a ~„ puilding permit of $7,950 into the City street maintenance fund (an amount equal to City of Aspen Ordinance No. 30, Page 9 Series of 2004. II III) VIII IIIIII II~II VIII IIII IIIIIII I) I II III I III IIII 5 0 4126 8f u s esra SILVIR ORVIS PITKIN COUNTY CO R 76.00 D 0.00 ~'"'t the cost of a 2" asphalt overlay over half the width of Galena Street along the frontage of the Little Nell property to Durant Street). 6. $172,000 to offset City expenditure for project-related off-site drainage improvements shall be payable concurrent with receipt of a building permit. This fee has been determined by the pity Engineer and prorated with other properties receiving such benefit. 7. In order to secure the performance of the construction and installation of improvements in the public rights-of--way, the landscape and public facilities performance security shall include and secure the estimated costs of proposed right-of--way improvements. 8. A license agreement to use Dean Street, or a portion thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per square foot per month for the time period in which the land. is to be occupied for construction staging. Section 12: Pre-Construction Meetine Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Project Planner, Prime Contractor, City Staff Planner, Community Development Engineer, Zoning Officer, Building Official/Plans Examiner. .The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, identify the timeline for ~'^`~ plat and PUD/SIA agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting permits, changes, etc., and review the Building Department checklist. Section 13: Buildine Permit Requirements The building permit application shall include/depict: A signed copy of the final Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Ordinance has been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4: A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A tree removal mitigation payment of $27,645.31. This figure represents the difference between the assessed value of trees to be removed and the cost estimate to supply and install the proposed trees and native vegetation. Amendments to the plan shall require a recalculation. !~, City of Aspen Ordinance No. 30, Page 10 Series of 2004. ,.. I IIIIII VIII IIIIII IIIN VIII (III (IIIIII III IIIIB III IIII00 104/2684011506H ~ 6. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of distwbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of--way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City; during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. 7. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets. If the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide a fmancial assurance in an amount to be determined by the Community Development Engineer. The City Engineering Department would strongly prefer that the applicants use soil hardening techniques rather than soil pins to stabilize the excavation cuts. (A study has been submitted and is under review by the City.) 8. A construction site management and parking plan meeting the specifications of the City Building Department. (A study has been submitted and is under review by the City.) 9. The applicant shall submit a Soil Suitability and Slope Stability Analysis by a licensed engineer with a specialty in geo-technical sciences. At a minimum, such ~ report shall determine the feasibility of excavating the hillside and identification of any necessary mitigation during construction of the lodge to protect adjoining properties from damage. In addition, the report shall include a baseline for slope stability prior to any excavation, establish a monitoring program to be implemented throughout the construction and for two yeazs after completion of construction using accepted engineering standazds approved by the City of Aspen, including, without limitation, review of all soils, engineering designs, de-watering plans, and other applicable standazds. (A study has been submitted and is under review by the City.) 10. The roof plan shall demonstrate substantial compliance with the representations made by the applicant with regard to limiting the rooftop mechanical equipment and the use ofnon-reflective roofing material. Prior to issuance of a building permit: 1. All tap fees, impacts fees, and building permit fees shall be paid. 2. The location and design of standpipes, fire sprinklers, and alarms shall be acceptable to the Fire Marshall. Section 14: PM10 Mitigation Plan In order to reduce the impacts of PM10 generated by the project, the project shall provide a shuttle service for use by the owners/guests of the Residences at Little Nell and shall advertise to their guests that need for a personal/rental car is not mandatory due to the City of Aspen Ordinance No. 30, Page 11 Series of 2004. I IIIIII VIII IIIIII VIII VIII IIII IIIIIII III IIIIII III IIII 5041268rtisfi6u SILVIP DRVIS PfTKIN COUNTY CO R 76.00 D 0.00 ~ shuttle amenity. In addition, the Environmental Health Department recommends (but is not requiring) that the lodge and its businesses join the Transportation Options Program and provide secure covered bike storage. This PM10 mitigation plan has been accepted by the City's Environmental Health Department and no further plan shall be required. Section 15: Delivery Dock No trucking, shipping and/or receiving, service, inspection, or commercial vehicles serving the Residences at Little Nell and/or associated commercial facilities shall utilize Ute Avenue for such purposes. All shipping and receiving, service vendors, inspection, and other commercial vehicles to and from the Residences at Little Nell and its associated commercial facilities shall be only via its pazking garage and/or loading dock off of Galena Street. Section 16: Condominiumization Condominiumization of the Project to define sepazate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. Section 17: PUD Plans Check Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate substantial compliance with the representations and drawings made and presented during ~ the project review. Section 18: Restaurant The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining terrace shall be open and available for use in conjunction therewith, weather permitting, all days of the yeaz that the Aspen Mountain Skiing Area is open for public skiing, for a minimum of three (3) hours after the gondola lift at Little Nell closes each day. In addition, the baz and the outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run from June 15 through October 15 of each year, during all daytime hours that the gondola is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events may be held. Section 19: Vested Riehts The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific City of Aspen Ordinance No. 30, Page 12 Series of 2004. L/ I IIIIII VIII IIIIIIVIII VIII (III (IIIIII III IIIIII III IIII00504D2680' isesa ~ development plan and creation of a vested property n t pursuant to s it e. uc notice shall be substantially in the following fonn: Notice is hereby given to the general public of the approval of a site. specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot #1, Residences at Little Nell Subdivision and PUD. Section 20• All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awazded, whether in public heazing or documentation presented before the Community Development Depaztment, or the Aspen City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 21: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 22: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof Section 23: That the City Clerk is dtrected; upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 24• A public hearing on the Ordinance shall be held on the 27s' day of September, 2004, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 25• This ordinance shall become effective thirty (30) days following final adoption. /r'1. [signatures on following page] City of Aspen Ordinance No. 30, Page 13 Series of 2004. .~, ~ INTRODUCED,:READ ANTS bY2l'1~1~I~ 1~YJ~°I;Y~~ as provided by law, by the City Council of the City of Aspen on the day of 2004. Attest: F Kathryn S. K , Cit3 erk FINALLY, adopted, passed and approved this ~ day of ~~~i .~t,j, Attest: Kathryn S. Koc City erk Approved as to form: ~er? Ci i IIIIII VIII IIIIIIVIII VIII (III (IIIIII III IIIIII III IIII00504oZ680t i Saea Exhibit ,4 -Proposed Zoning Boundary Map C:\home\Current Planning)CASES1ResidencesCLMFinall0rdinance.doc City of Aspen Ordinance No. 30, Series of 2004. Page 14 •° The Residences ai O - - FINAL PUD SUE 504'! 68 ~ ~ ~ ~- ~ I IIIIIIVIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIIIIII III IIII 09 1/35/020000115-i ` ' ~~ ~F ~ ~, ~~ ~~ ; ~uM I .4~F'~-AYIT OI{ PU31 IC NOTICE RE~UIRE- BY SECTFON 25.344.07®, ASPEN LAN- USE CO-E A--RESS OF PROPERTY: Aspen, CO STATE OF COLORA-O ) } ss. County of Patlrin ) I _~.~ Gp ~ ~ (name, please print) being or representing an Applicant to the Crty of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following mamier: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached Ixereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. ~- Signature'~ The foregoing "Affidavit of Notice" was acknowledged before me this g` day of 6f, ~ ~ , 200, by ~v'- plies. SG o.C~, WITNESS MY HAND AND OFFICIAL SEAL My commissi expires: ~ o~-U ~ v Notazy Public ATTACHA~NTS: e~ LAURA COPY OF THE P UBLICATION ~ MEYER u~;••_ 20095~e[3528500Jspen Times Weskly on June 7, My Commission Ezpires 06110@010 Ctty of Aspen AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CORE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. Connty of Pitkin ) 1, ~" rI'I~ ~G(,/t ~ G~ ~~'~ (name, please print) being o er ii presenting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirernents of Section 26.304.060 (E) or Section 26306.010 (E) of the Aspen Land Use Code in the following manner: y Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publications of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this ?Zday of '~u.nlE , 200, by ~MG~ -P~~ ~ cc~J-ems., WITNESS MY HAND AND OFFICIAL SEAL My commission expires: .~- Qp~ ~~~~- Notary~ublic ATTACHMENTS: COPY OF THE P UBLICATION Ciry of Aspen Pudishetl in The Aspen Times Weekly pn June 21, 2909.13593851]