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Land Use Case.233 E Cooper Ave.0040.2011.ASLU
* THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0040.2011.ASLU PARCEL ID NUMBERS 2737 18 - - 19 - 015 PROJECTS ADDRESS 233 E. COOPER PLANNER SARA ADAMS CASE DESCRIPTIO PUD AMENDMENT REPRESENTATIVE MONARCH ON THE PARK DATE OF FINAL ACTION 9.9.111 CLOSED BY ANGELA SCOREY ON: 2.13.12 9\rc2A 0040 -20 (1 - L-14 .»I ®1 11 File Edit Record Navigate Form Reports Format Tab Help 1 7 Routing Status Fee (Fee Sur nary Main Action (Attachments Routing History Valuation Arch /Eng Custom Fields Sub Permits Parcels Pert type aslu Aspen Land Use 1 Pent # 0040 2011.ASLU s i y Adb'es 233E COOPER AptJStr*e o City ASPEN State IC 1 4 181611 Er ° Permit Information 1 x F Master permit Routing queue asluOi '1 Applied '507,r2011 7 Project Status 1pendng Approved 0 N Description APPLCATION FOR PUD AMENDMENT ' Issued Final Submitted ROBIN SCHILLER 927 4925 dock (Running 1 Days 0 Expires I TY, 2 I Submitted via Owner Last name ON ARC HON THEPARK Fist name 233 E COOPER ` ' UNIT P-3 Phone (970) 927 -4925 Address ASPEN CO 81611 ii Applicant 0 Chimer is applicant? Ei Contractor is applicant? Last name CCY ARCHITECTS LTD • Frst name PO BOX 529 BASALT CO 81621 Phone (970) 927.4925 Cust # 27377 Address i • Lender i Last name First name 1 Phone ( ) - Address Displays the permit lender's address AspenGold5 (server) angelas 111111F d t 0 ob C,Iti a5663� Y "'" 10 2a � 2 eAlchrA - \ c.......co.„..) 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 a site - specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (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 to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site - specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: MOP LLC, a Nevada limited liability corporation, 5348 Vegas Drive, Las Vegas, NV, 89108. Legal Description and Street Address of Subject Property: Monarch on the Park Condominium Unit P -3, aka 233 E. Cooper Avenue, Aspen, Colorado. Written Description of the Site Specific Plan and /or Attachment Describing Plan: An Insubstantial Amendment to the Monarch on the Park Planned Unit Development to construct a privacy screen (elevation and plan are attached as Exhibit A to the Resolution) on the rear alley elevation. Land Use Approval Received and Dates: Planning and Zoning Commission approved Resolution 16, Series of 2011 on September 6, 2011. Effective Date of Development Order: September 18, 2011. (Same as date of publication of notice of approval.) Expiration Date of Development Order: September 18, 2014. (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 10 da of September 2011, by the City of Aspen Community Development Director. 61 Chris Bendon Community Development Deputy Director City of Aspen • Sevegs. —A AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: /r e Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I t,wan 6 (name, please print) being or representing an Applicant to the of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Si e S------"77 . The foregoing "Affidavit of Notice" was acknowledged before me this in day of $gyp r , 2014, by ,4r\o. , t �� . P e N V SS MY HAND AND OFFICIAL SEAL a 0 ELOPMENT APPROVAL +. - Notice is h by given to the general public of the 1 O ,\ PC�' the approval o f a v property pursuant to k,.. 1 . the expires: �l ,5 ) �/ S the Land creation of a Use Code property ns p pursuant to (1 M ���. YY � -00yy � M••l-- L/ / Land de of the City of Aspen and Title Y riri ion 24, Article 68, Colorado Revised Statutes, pertain- G �A CC U y to tlescribep roperty: ParcelID - 7 on ng the Park1Oondo Condominiums, tl Uni tibetl , c anarcb 1 1(44 on the Park o`A r Ave., lCro of As en, Pitkin located at - i 1- _ Iy. o AP n ofAspen, moss- l ` 0 As;,4 A s Colorado. The Planning to construct on antl Zoning Commis- l oion granted approval he 3 d l dec a privacy careen 111 f1`q %. el It „' A lie ta e th eiall of the etc floor tle r of Unit d -3 that t faces the allay. The changes are Cit 05 tl in en. 1 \ ` F 'Fe D and use application on file with the City of Aspen. For further information contact Sara Adams at the City of Aspen Community Development Dept, 130 S. Galena St., Aspen, Colorado. (970) 429 -2776. City of Aspen ATTACHMENTS: Published in the Aspen Times Weekly on COPY OF THE PUBLICATION September 18,2011. 70067801 .r RESOLUTION No. 16 (SERIES OF 201I) A RESOLUTION 01? THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, APPROVING A PLANNED UNIT DEVELOPMENT — OTHER AMENDMENT FOR THE PROPERTY LOCATED AT 233 EAST COOPER AVENUE, AKA MONARCH ON THE PARK CONDOMINIUM, UNIT P -3, CITY AND TOWNSITE OF ASPEN Parcel Identification Number: 2737 - 182 - 19-015 WHEREAS, MOP LLC, a Nevada limited liability corporation submitted a request for an amendment of PUD development order Planned Unit Development Amendment to the Planning and Zoning Commission; and WHEREAS, the property is located is zoned Lodge (L) with a PUD Overlay; and, WHEREAS, the Planned Unit Development approval for the Property was originally approved by the Aspen City Council via Ordinance No. 1 Series of 2006, and the Limelight PUD Plat is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 80 Page, 20, Reception No. 2526850 (the "PUD "); and WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the PUD Amendment; and, WHEREAS, during a regular meeting on September 6, 2011, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: RECEPTION#: 662727, 09114/2011 at 09:40:13 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Section 1: The PUD is hereby amended to allow the addition of a privacy screen for the unit located at Penthouse #3, aka Monarch on the Park Condominium Unit P -3, as depicted in Exhibit A to this Resolution. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050, Void Permits. Zoning that is not part of the approved site - specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of this Resolution, 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 development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Section 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) 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: 233 East Cooper Avenue, Monarch on the Park Condominiums Unit P -3, City and Townsite of Aspen, Colorado. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development 2 approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: This resolution shall not affect 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 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6 day of September, 2011. Stan Gibbs, Chairman APPROVED AS TO FORM: mes R. True, Special Counsel ATTEST: chic Lothian, Deputy City Clerk Exhibit A: Approved Elevation 3 s. RQ'' ccv • I t s i Law- Oa stm.-- • 0 : 1 1 nit r=uS.=. - _ • - �� .r — sem ` NdMR 4.5 a iraft Y ° v ` M Sal MIMIC — al= ALTEMTIDN6 a es Imre maisiroms= — l -- -- mom ■■iU imam mum= — a _.r .� - in ...... w_ COLSOO soottie ▪ ow • ay rM 1 s �oi� wl e lllu� E3 A �1Hi7ail�e ®�ar'eT alif a Fitit wwni iggi ii mai /1V) Sells (N 1 M HIERARCH I - - - v • ® I PUJRLp +l 1 r p _ .. Y Pa PRNACY .... SR _ PS-1 f • c. 1111 . I � glis.lVof 141 111 1 1111 im '1 ° ti�� ■:1. 2 II I I §p € € ig R q €1 II Ip i IE IN _ III I E€ E 11111 I �_' 11111 i I I lE� E l � f�l i : 11111 1 _ 111 _ Eg 11111 gam I"1 1 N Tr I MU ICI t 1 a Z 1 p I III� II2ICI I u ��ll m r 11 a ' i 111111 II 11 1111111111 I m 1 a s. II• II.I; I 0 i f" ii I �• i lk 1 €' E IliJ '. I !IIIIIIIII_ iI♦ _ 1 P 6 Ira 1m II t ill IY 1 .> 1 = 1 e ➢ F . ill -.. I • III — � , F 1 I•_luu 11 im III Ts NE I 'Mil 1H lilt t MI In E Ilia I Ea 1 MI s y MI 1119 i . _ : - ��IIII,1 n i — IF p.. 1 11111 [ 0 ■ICY i I�uL1�i. 1� I - - - -� .I.11..�1 iii' ■■.. 0 � s *! �191FS " A, I II■ 5 ll, 40 �U III� 'I������������� !I , o I Ya I E` k r Pi I11111n I m I x me�� I11 111111111111111W�IIII�I� > , I YY 'Y 1s amint. Y ril - 0a -1 ' 111111 11 I1 I o ■� I ° _ €° 5 ® ®. 1'Iiu�Il�1 Il iiEi ' m T 111.42-111. I� o '� Ulan! prim 11111 1 I II '' - lli + �n■� Y��I I � 1 li■ ■ �.rI I OM 1 Y elp 1 € 1 t 1 1 Hi 1€ 1 i 1 in Mi n .I at i 47 Ia .. I r � li€ I 1:1 i J LL 1 YY' YYY • m t 8 I m �� -___ E I ° IY I itit hi hni 1111 _I I I1 •�I[ 1 .ten. 11..1 , \ 1 _a!'!! 1111 11 0,7,, 8° y � y S oy ! ;! t ;.EF F H F _ l ! §g F i - n g l_ I "I g 5 a 0 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Direct() FROM: Sara Adams, Senior Planner RE: Monarch on the Park, aka 233 East Cooper Avenue, Unit P - 3, PUD Amendment MEETING DATE: September 6, 2011 APPLICANT /OWNER: MOP, LLC. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning REPRESENTATIVE: Robin Schiller, CCY Commission approve the PUD amendment. Architects. "1. LOCATION: Monarch on the Park, aka . 233 E. Cooper Avenue Condominium, r 'k. . Unit P -3. ;4 11 Y _ l7 1'1 t ,... , i i ,. 4i kO , a 0 r ,,,i __ . t W �t 11.1* ''4 ,.._, , . • . CURRENT ZONING & USE: Lodge Zone District with a PUD Overlay. Monarch on SUMMARY• the Park is the free market residential The Applicant requests of the Planning and component of the Limelight Lodge PUD. Zoning Commission approval to amend the PUD PROPOSED LAND USE: The owner of Unit to permit a privacy screen with a maximum height of approximately 11 ft. 2 in. on the second P -3 requests approval to construct a floor balcony of the alley facade of Unit P -3. privacy screen on the third floor unit's private balcony that faces the alley. Monarch on the Park PUD Amendment Planning and Zoning Commission Memo 09.6.11 Page 1 of 2 T) LAND USE REQUESTS AND REVIEW PROCEDURES: Planning and Zoning Commission Approvals: Amendment of PUD development order (Subsection 26.445.100.B, Other Amendment) to construct a privacy screen for Unit P -3. The Planning and Zoning Commission is the final review authority. PREVIOUS APPROVALS: The Monarch on the Park Condominiums were approved as part of the Limelight PUD redevelopment via City Council Ordinance 1, Series of 2006. PROJECT SUMMARY: The applicant requests approval to construct a stepped privacy screen on a portion of the 3` floor balcony that faces the alley. The existing railing is 42" tall and is proposed to be replaced with a privacy fence that steps up to about 11'2" maximum in the corner of the balcony. The project is before the Planning and Zoning Commission because Staff found that the proposed privacy screen was not consistent with the representations of the project's original approval and therefore did not qualify as an administrative insubstantial PUD amendment. The only applicable PUD review criterion is Section 26.445.050.E.1, Architectural Character: Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff is in support of the proposed privacy screen and finds that the architectural criterion listed above is met. The materials and design are consistent with the existing architecture. The privacy screen is located on the alley and as such is not very visible from the street. Its location does not impact the primary street facing facades of the Monarch on the Park building. The stepped design (i.e. the different heights) of the privacy screen does not increase the perceived mass of the building. Staff finds that the combination of location, design and materials renders the proposal appropriate and compatible with the existing architecture and neighborhood. RECOMMENDATION: Staff recommends approval of a PUD amendment as proposed. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Resolution No. , Series of 2011, approving an amendment to the Limelight PUD as proposed. Attachments: EXHIBIT A — Application Monarch on the Park PUD Amendment Planning and Zoning Commission Memo 09.6.11 Page 2 of 2 RESOLUTION No. (SERIES OF 2011) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, APPROVING A PLANNED UNIT DEVELOPMENT — OTHER AMENDMENT FOR THE PROPERTY LOCATED AT 233 EAST COOPER AVENUE, AKA MONARCH ON THE PARK CONDOMINIUM, UNIT P -3, CITY AND TOWNSITE OF ASPEN Parcel Identification Number: 2737- 182 -19 -015 WHEREAS, MOP LLC, a Nevada limited liability corporation submitted a request for an amendment of PUD development order Planned Unit Development Amendment to the Planning and Zoning Commission; and WHEREAS, the property is located is zoned Lodge (L) with a PUD Overlay; and, WHEREAS, the Planned Unit Development approval for the Property was originally approved by the Aspen City Council via Ordinance No. 1 Series of 2006, and the Limelight PUD Plat is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 80 Page, 20, Reception No. 2526850 (the "PUD "); and WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the PUD Amendment; and, WHEREAS, during a regular meeting on September 6, 2011, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: The PUD is hereby amended to allow the addition of a privacy screen for the unit located at Penthouse #3, aka Monarch on the Park Condominium Unit P -3, as depicted in Exhibit A to this Resolution. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: Vested Rights The development approvals granted herein shall constitute a site - specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050, Void Permits. Zoning that is not part of the approved site - specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of this Resolution, 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 development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Section 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) 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: 233 East Cooper Avenue, Monarch on the Park Condominiums Unit P -3, City and Townsite of Aspen, Colorado. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development 2 • • approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: This resolution shall not affect 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 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6 day of September, 2011. Stan Gibbs, Chairman APPROVED AS TO FORM: James R. True, Special Counsel ATTEST: Jackie Lothian, Deputy City Clerk Exhibit A: Approved Elevation 3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 23 3 Co o 6 9A1 5 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: —r, - SRI k (C+e - /4- 3x1 .20 It STATE OF COLORADO ) ) ss. County of Pitkin ) ) ?Cr, f ��` (name, please print) being or representuig an Applic t o the Cit of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the As en Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 20, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) torN /0.4 Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was a knowledged before me this 2z-day of }ci.v 1 S T , 20 R, by -2i1. SL mf -e 1 R MNOTICE Y `P " a � WITNESS MY HAND AND OFFICIAL SEAL RE 255 COOPER UNIT REQUEST t . MONARCH ON TOE PARK, URr ...... . / I FOR APOD AMe1IDM NT 1e rr : ( l IZ6L f NOTICE IS HEREBY G 1 a BM lC heae1 a T My =mission expires: Z will be held on 'MA M . 4. t ; me t I gI • p. befos M e A Plannin o o Zo g C ommiss i on, Sister COi , h1;�ItA�CI i 1 I/� \,{� ( I+ Meeting Room, City Hall, 150 S. Gaiene Sr. • Ur °.11" I • MOP LLC a Nev atla m etl liability lbcompany,, 0° i 5348 Vegas Dn Las Vegas, Nevada. who is the ... ...,_, otary Public owner of th e su bject Pro aMrereMeaentea • _ Robin S er of CC Architects, resit. The •� ' IAPs�1��pppp IL m requesting an amendment 0312912014 M VJIL>r Monarch on the Park rk Planned Unit Development opment pment n Expires (PUD) to allow an approximately 11 ft. tall privacy screen on the third floor 130 S G di eck of gle alley elet on The r operr l a legall y d ore , ns Ponarsva n. C oP p ark 11yy F o r further information, cont A dams at the e For ity 1 f A spen Community act Sara meat Adams at City f 0 Den, GO, men) Department, ams SLR. ATTACHMENTS AS APPLICABLE: oton. Gibbs Cbtic Aspen Board of Adjustment PUBLICATION Published in the Aspen Times Weekly on August OF THE POSTED NOTICE (SIGN) 21, 2011. (6899585) WNERS AND GOVERNMENT AGENGIES NOTIED _ _ .,r,RTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3 C CV A R C H I T E C T S LETTER OF TRANSMITTAL Sara Adams, Senior Planner City of Aspen 130 S. Galena St. T O Aspen, CO 81611 FROM Robin Schiller DATE 08-22-11 u O R # 10130 Monarch Penthouse RE P &Z Hearing VIA Mail ATTACHED ❑ Shop Drawings ❑ Prints El Plans ❑Samples ❑ Specifications ❑ Copy of Letter ❑ Change Order ❑ Other COPIES DATE NO DESCRIPTION 1 Affidavit of Mailing 1 Mailing List 1 Mailing Insert 1 Photos (4) of Posted Notice TRANSMITTED ❑ForYourUse ❑ As Requested ❑ For Review and Comment /Action REMARKS COPY TO SIGNED / VVV COTTLE C•RR YAW ARCHITECTS LTD 228 Midland Ave PO Box 529 Basalt CO 81621 970 - 927 -4925 fax 970- 927 -8578 ccyoffice@ccya rch itects.com AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 2 '3 7 L • COO?Ce AvgA,j v E , Aspen, CO SCHEDULED PUBLIC HEARING DATE: �vt y4.? Ljc i- e" 6c. Co ,20Jt1 STATE OF COLORADO ) ) ss. County of Pitkin / ) I y 4 5) 4 ` 4 • iI C/ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: /4,4. 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 at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. A) .4. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 2Lday of v v b } 200 1) , to and including the date and time of the public hearing. r of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) A).4, Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. N.A. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. / • Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2 ' lay of Au6•usY , 20QL, by 12.051 tJ S c4f1(Akr--' WITNESS MY HAND AND OFFICIAL SEAL GGA. BR(41 ttl i 0l •' • • S' 0 1 1 1 commission expires: 3. 2.0 • ZO 13 i • � • QTARy I -•- CC t j l' PUBLIC otary Public I1 � 11 , OF COt• ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3 p � Fry 3 t�. { I ry ,,�j ` c3 DATE: 8 /17/11 City of Aspen & INVOICE# 201899 Pitkin County GIS BILL TO: Robin Schiller 130 S Galena St CCY Architects 228 Midland Ave- PO Box 529 Aspen, CO asalt, CO 81621 Phone: 377 0- -920 -920- 5453 Fax: 970- 544 -5378 970- 925 -4925 DESCRIPTION QUANTITY HRS / EXTR SHEETS AMOUNT Mailing Labels Reprint 233 E Cooper Ave mailing 7.00 $7.98 Sales Tax- 9.0% $0.72 Total $830 Make all checks payable to City of Aspen and G ► �e- /r /6 reference GIS & the invoice number in the note. n / If you have any questions concerning this invoice, contact GIS at J!� a e ..v 1 V 970- 920 -5453, GIS@ci.aspen.co.us. THANK YOU FOR YOUR BUSINESS! 7 r , -dud piogaJ el talana.i �,••�"• "'� ®09LS ®At1HAV tueyr., al Lo >,i�ai 1 A83AV-09 -008 -L o �� ap suas ,� , is ad a save} sa anbi orklane•nnnnnn ; ap uge at ny3eg el a zapday - I I. } }} } i w 315 EAST DEAN ASSOC INC 11 DB LLC 124E DURANT AVENUE LLC 150 E 58TH ST 603 S GARMISCH 533 W FRANCIS 14TH FLR ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10155 ALYEMENI ALICE ASPEN PITKIN COUNTY HOUSING ASPEN SKIING COMPANY LLC AUTHORITY DRAWER G -2 3109 OAKMONT DR 530 E MAIN ST STATESVILLE, NC 28625 LOWER LEVEL SNOWMASS VILLAGE, CO 81615 ASPEN, CO 81611 BARNES JACK & BONITA BARRETT STEVEN R BENNIE THOMAS & CHRISTINE TRUSTS 125E HYMAN AVE 2A C/O JP WEIGAND &SONS INC PO BOX 9884 ASPEN, CO 81611 150 N MARKET ASPEN, CO 81612 WICHITA, KS 67202 BERHORST JERRY & CAROLE BOGIN ROBERT M BRAYMAN WALTER W & PATRICIA 7161 LINDENMERE DR 4280 S MEADOW BROOK LN 844 ROCKWELL LN BLOOMFIELD HILLS, MI 48301 EVERGREEN, CO 80439 KANSAS CITY, MO 64112 -2363 BRIGHT GALEN BROWNELL LORRAINE B CALLAHAN PATRICIA 407 S HUNTER ST #3 1030 SECOND ST 0184 MOUNTAIN LAUREL DR ASPEN, CO 81611 MORGAN CITY, LA 70380 ASPEN, CO 81611 CARLSON KEITH REV TRST CARRIGAN RICHARD A JR CARRUTHERS COOPER MARILYN BELLEVUE AVE 2S526 WILLIAMS RD BELVEDERE TIBURON, CA 949202505 WARRENVILLE, IL 60555 ASPEN, CO 81611 CASA KESS LLC CASPER MARY LYNN CAYTON ANDREA TRUST 100 E COOPER AVE #12 124 E DURANT #4 2379 EARLS CT ASPEN, CO 81611 ASPEN, CO 81611 LOS ANGELES, CA 90077 CHAPLIN ARLENE & WAYNE CHARLIES COW COMPANY LLC 1107 HRI S AVE PEN LLC 54 LAGORCE CIR 315 E HYMAN AVE MIAMI BEACH, FL 33141 ASPEN, CO 81611 NEW YORK, NY 10128 CITY OF ASPEN CLAUSEN FAMILY TRUST NO 1 CI IU FAMILY TRUST ATTN FINANCE DEPT C/O GUNDY MGMT CO 42 HILLSDALE DR 130 S GALENA ST PO BOX 47 NEWPORT BEACH, CA 926604234 ASPEN, CO 81611 MORRIS, IL 60450 COHEN JACK DAVID COHN PETER L COLEMAN ISAIAH 5 WOODLAND CT PO BOX 2138 PO BOX 11239 SAYVILLE, NY 11782 ASPEN, CO 81612 ASPEN, CO 81612 T f wt a6p 3 dn-dod asodxa Jaded paad r ®0915 a}eldwei ® /uanV esi ® 0915 ®A�3/�b , o} aull boots puag ® V 1 slage'1 ®lead Ase Aa3AV- 09-008-L 1 , -dod paoga, al Jalan � SUBS� � , - ®u9 LS ®Aad 4!•°‘1°. °I °° 'u' *.I ww AJBAE Mnnnn 1 ap idle a,nyaey el a zapdaa aalad a sapael sa31anbll3 CROCKETT RUFUS DALTON CHARLES 0 & SUSANNA C DANCING MGNARCH LAND D LLC PO BOX 3837 4406 N OCEAN BLVD ASPEN, CO 81612 MYRTLE BEACH, SC 29577 ASPEN, CO 81612 DOLLE NORMA L REV TRUST DONCER ASPEN LP EVANS DAVID COURTNEY 1103 HERITAGE DR 9651 W 196TH ST PO BOX 952 CARBONDALE, CO 81623 MOKENA, IL 60448 ASPEN, CO 81612 FAULKNER JOHN L FOX THOMAS H FULSTONE AMY HAYDEN 2433 ROCKINGHAM ST 119 E COOPER AVE 100 E COOPER AVE #5 ARLINGTON, VA 22207 ASPEN, CO 81611 ASPEN, CO 81611 -1763 FUQUA ALVAH D JR & DIANNE L FYRWALD JON ERIK & GUDRUN L GALAS THOMAS E & PATRICIA A 446 LAKE SHORE DR 126 EAST HICKORY ST 713 ARMSTRONG BLVD SUNSET BEACH, NC 28468 HINSDALE, IL 60521 COPPELL, TX 75019 GEORGIEFF KATHERINE TRUSTEE OF GIEFER PATRICK GINSBURG ANNE C & ROBERT B THE 204 SARATOGA VEIN CT 22 COUNTRY LAKE CIR KATHERINE GEORGIEFF REVOCABLE CASTLE PINE, CO 80108 BOYNTON BEACH, FL 334356200 LIVING TRS 11 TOPPING LN ST LOUIS, MO 63131 GLENOCK INVESTMENTS LLC GLICKMAN EDWIN C GLISMANN JOHN P PO BOX 207 2322 LAZY 0 RD PO BOX 4999 ASPEN, CO 81612 SNOWMASS, CO 81654 ASPEN, CO 81612 GOODFELLAS LLC GREINER JERRY M & TERESA U GROOS NICHOLAS D 40% 60 S MARKET ST #1400 330 BICKLEY RD 210 N INDUSTRIAL PARK RD SAN JOSE, CA 95113 -2396 GLENSIDE, PA 19038 HASTINGS, MI 49058 GUBSER NICHOLAS J GUNION JOHN F GUTNER KENNETH H REV TRUST PO BOX 870 1004 MARINA CIR PO BOX 11001 ASPEN, CO 81612 DAVIS, CA 95616 ASPEN, CO 81612 I IANSEN- -JUL4A HART -MAN - • _H€R HUGH -S 255 SEASPRAY AVE 31W721 PRATT WOODS CT 205 E DURANT AVE APT 2E PALM BEACH, FL 33480 WAYNE, IL 60184 ASPEN, CO 81611 HEIM WILLIAM D HERRON SANDRA A HOLLY TREE INVESTMENTS LLC 124 E DURANT AVE APT 1 119 E COOPER AVE APT 19 4823 HOLLY TREE DR ASPEN, CO 81611 -1769 ASPEN, CO 81611 -1761 DALLAS, TX 75287 T r m a6p3 do -dod asodxe laded paaj r ®09L5 aleldwal ®&+any asl eons ®A?13Atf C\ 1 of aull Boole pua8 y ; slagei (s ped Asa: A213AV - 1. i >w dn -dod pioga4 al ialanai H I ® e s U9I S ®Atf f \V . 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I k ® I I L sa HOLYOAKE LAURENCE M & COX HONE THOMAS A & CAROL A HOSKIN REEDE HEATHER J 130 E WAYNE ST PO BOX 2478 555 E DURANT #4A CELINA, OH 45822 BASALT, CO 81621 -2478 ASPEN, CO 81611 HOTEL DURANT HOUGH HAZEL C & WILLIAM R IAVARONE GIANFRANCO & RITA 122 E DURANT 1 BEACH DR SE #1002 341 ORIENTA AV ASPEN, CO 81611 ST PETERSBURG, FL 337013908 MAMARONECK, NY 10543 IMHOF FAMILY TRUST IMREM SUE GORDON TRUSTEE JACARANDA ASPEN LLC 2409 GREEN ST 219 E LAKE SHORE DR #5D PO BOX 11980 SAN FRANCISCO, CA 94123 CHICAGO, IL 60611 ASPEN, CO 81612 JACKSON BISQUE JACOBSON FAMILY TRUST JOBE MARCIA PO BOX 9054 2168 SANTA MARGARITA DR PO BOX M -3 ASPEN, CO 81612 FALLBROOK, CA 92028 ASPEN, CO 81612 KAUFMAN JOHNSTON MARGARET S 9.87% KAPLAN BARBARA KAUF GIDEON I C/O 30 DEXTER ST 3076 EDGEWOOD RD C/O KAUFMAN & PETERSON DENVER, CO 80220 PEPPER PIKE, OH 44124 315 E HYMAN AVE #305 ASPEN, CO 81611 KAUFMAN STEVEN TRUST & HARLOW KEBER VINCENT M 111 KEITH JOHN 111 VIRGINIA TRUST 1301 WAZEE #2E PO BOX 4783 0554 ESCALANTE DENVER, CO 80204 ASPEN, CO 81612 CARBONDALE, CO 81623 KENT STACEY KINGSBURY FAMILY TRUST KIRIANOFF PATRICIA TRUST TOMLINSON JAMES PO BOX 198 PO BOX 1749 100 E COOPER AVE HOLDERNESS, NH 03245 ASPEN, CO 81612 ASPEN, CO 81611 KNAPP MICHAEL KULLGREN NANCY A LACY ROANE M JR & ANN MINYARD 1001 MEDICAL PK STE 213 205 E DURANT AVE UNIT 2 -C PO BOX 367 GRAND RAPIDS, MI 49546 ASPEN, CO 81611 WACO, TX 76703 -0367 . - EARRABEE DvNA D G-JR LEATHERMAWROBERT D ONE COVE LANE 1417 POTTER DR STE 105 PO BOX 11930 BOW -MAR, CO 80123 COLORADO SPRINGS, CO 80909 ASPEN, CO 81612 LEDINGHAM DAVID CHARLES 16% LEVY HELEN JOAN TRUST LIFT ONE 105 LLC 124 E COOPER ST 421 WARWICK RD 105 S CHEROKEE ST ASPEN, CO 81611 KENILWORTH, IL 60043 -1145 DENVER, CO 80221 Y wia dn-dod asodxa Jaded paa3 f 909L5 aLeldwal ® tiany asl 1 ®09L5 ®A��d I in aull Boole puag mem v I swirl ® laad ICse; I ) do -dod p'o as at 'a ana . __. I ' °�••, "'• " 09L5 ABdAV +Neyeu ul "'UN A] AE13AV- 09-008-L 9 I a op suas i i woY7i'ane'MMM - a I ap uue amtpey el a zapda8 ® 'Glad e salpe} sauanbR3 LIFT ONE CONDOMINIUM ASSOC LIFT ONE LLC 72.40% LITTLE RED SKI HAUS 131 E DURANT AVE 24 LINDENWOOD LN 1464 TECHNY RD ASPEN, CO 81611 LITTLETON, CO 80127 NORTHBROOK, IL 600625447 LOFINO MICHAEL D CORING PETER & ELIZABETH S LU NANCY CHAO TRUST 3255 SEAJAY DR LORING WOLCOTT & COOLIDGE OFFICE 38 CORMORANT CIR DAYTON, OH 45430 230 CONGRESS ST NEWPORT BEACH, CA 92660 BOSTON, MA 02110 LUBIN SHAFIGHEH MACDONALD KENNETH HUGH REV MACDONALD VALERIE PO BOX 3748 TRUST PO BOX 1681 ASPEN, CO 81612 44 W HANNUM ASPEN, CO 81612 SAGINAW, MI 48602 MAGES LAWRENCE M & MARY K 84% MARK KENNETH A MCCONNELL THOMAS W & KAY L 216 LINDEN AVE 10 KATH CT 3814 OAKHILLS WILMETTE, IL 60091 SAYVILLE, NY 11782 BLOOMFIELD HILLS, MI 48301 MCKENZIE BART B & PAIGE PARAVANO MESSNER CHRISTIAN MILLER R GREG 4840 30TH ST NORTH 119 E COOPER AVE #21 PO BOX 4577 ARLINGTON, VA 22207 -2716 ASPEN, CO 81611 ASPEN, CO 81612 MOUNTAIN CHALET ENTERPRISES INC MULKEY JOHN IRR TRST NELSON ARLENE CIO RALPH & MARION MELVILLE 8913 PLAYERS CLUB DR 119 E COOPER ST #6 333 E DURANT AVE LAS VEGAS, NV 89134 ASPEN, CO 81611 ASPEN, CO 81611 NEW MAN KERRY J & RICK! R NORRIS JOAN OFM HOLDINGS LP 617 PRINCE DR 3334 E COAST HWY PMB 145 PO BOX 541208 NEW BURGH, IN 47630 CORONA DEL MAR, CA 92625 DALLAS, TX 75354 ONEAL PROPERTIES LLC OTT JOHN & CAROL PAY ERIC GEOFFREY 8100 E CAMELBACK RD #31 129 LITTLE ELK CREEK AVE 119 E COOPER AVE APT 12 SCOTTSDALE, AZ 85251 -2773 SNOWMASS, CO 81654 -9318 ASPEN, CO 81611 -1772 6 — LLC rCONY LLC P u_,PB-B- R PO BOX 11980 121 BARRANCA AVE 311 S ASPEN ST #1 ASPEN, CO 81611 SANTA BARBARA, CA 93109 ASPEN, CO 81611 PIECE OF THE PIE LLC PINES LODGE CONDO ASSOC PINES LODGE I E AVE DEVELOPMENT LLC PO BOX 2492 152 E DURANT AVE ASPEN, CO 81611 ASPEN, CO 81611 NEWPORT BEACH, CA 92660 f w a a6p3 d -dod e so dxe J ade d paad , ®09LS awldwal ® AGanV asl ®09 LS ®AU3AV © 1 o; awl buole Pail Nii • 1 stage, ® laad Ilse T Aa3AV-09 1 Dwdn - dod piogai al ialana1 ap sua5~ i ®UV LS ®Aadlw .11^c" °I °°';na I i w oaluane'nnnnnn . 1 ep uge ainyaey el a za idau ® , 'Glad a salve; sauenb9.3 PITNER N KATHRYN POPKIN PHILIP G PRASAD REV TRUST PO BOX 11930 PO BOX 7956 3776 W 3700 N ASPEN, CO 81612 ASPEN, CO 81612 DARLINGTON, ID 83255 PROSPECTOR FRACTIONAL OWNERS pURVIS ROBERT K TRUST PRODINGER IRMA ASSOC PO BOX 3089 PO BOX 1245 301 E HYMAN AVE #108 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 RASMUSSEN DAVID L & RITA M RINGSBY GRAY ROARING FORK PROPERTIES PO BOX 120262 PO BOX 1292 N 9242 SOUTH SHORE DR ARLINGTON, TX 76012 HAIKU, HI 96708 EAST TROY, WI 55120 ROBLES ENRIQUE ALVAREZ ROSE JON E & RITA L ROSSI ELAYNE R TRUST ALVAREZ CRISTINA 333 TRISMEN TERR PO BOX 7961 MONTES URALES 350 WINTER SPRINGS, FL 32789 ASPEN, CO 81612 LOMAS CHAPULTEPEC MEXICO DF MEXICO 11000, RUMSEY DANIEL W SCHAPIRO MARC & PATRICIA SCHAYER CHARLES #M 111 1325 PACIFIC HIGHWAY #1902 1685 TAMARAC DR 2601 S DENVER, QUEBEC CST SAN DIEGO, CA 92101 GOLDEN, CO 80401 CO 80231 SCHUMACHER JUDY M SCULL JAMES E SEVERY CHARLES LAMB 9.87% 0115 GLEN EAGLES DR PO BOX 2051 30 DEXTER ST ASPEN, CO 81611 ASPEN, CO 81612 DENVER, CO 80220 SEVERY FAMILY TRUST 70.39% SHAW ROBERT W SHEFFER DOUGLAS & BARBARA 1077 RACE ST APT 1004 5720 LOCKE AV PO BOX 2763 DENVER, CO 80206 -2829 FORT WORTH, TX 76107 BASALT, CO 81621 SHENK ROBERT D SHENNAN MELISSA A SILVERMAN MARC A & MARILYN L 0326 HWY 133, STE 120 822 LANE LORRAINE 937 DALE RD CARBONDALE, CO 81623 LAKE FOREST, IL 60045 -1643 MEADOWBROOK, PA 19046 0 0 . • . •• L •i•• 3500 N BAY HOMES DR 5743 CORSA AVE # 101 150 N MARKET MIAMI, FL 331336814 WESTLAKE VILLAGE, CA 91362 WICHITA, KS 67202 SOUTH POINT CONDOMINIUM SOUTHPOINT ASPEN 1B LLC SOUTHPOINT- SUMNER CORP ASSOCIATION PO BOX 1499 3940 7TH AVE #212 205 E DURANT AVE #2F CARBONDALE, CO 81623 SAN DIEGO, CA 92103 ASPEN, CO 81611 wi a6p3 dn•dod asodxa laded paad { as aleldwal duany as' T ®oats ®A213At/ 1 %awl 6uole puag milm y I stage, ® laad Ase T ,183AV-09-008 1 D° dn dod pJOgaJ al JalpA J ap suas 1 ®u LS ®AadAV 4E °l' "1'“ I W0YAJane'MMM .- 1 ap ul }e eing> el a zalldeu ® Jalad a saline} sauanbl33 SPACCARELLI SELMA I SPAUCDING RICHARD W & THOMPSON ST RESIDENCE CLUB OF CO INC ELEANOR M 9002 SAN MARCO CRT 300 S POINTE DR #2403 200 WHEELER RD FL 2 ORLANDO, FL 32819 MIAMI BEACH, FL 33139 BURLINGTON, MA 018035501 STAPLETON DAVID W STARK RENEE A STARWOOD VACATION OWNERSHIP 206 E DEAN ST #2A 205 E DURANT AVE APT 1D 9002 SAN MARCO CT ASPEN, CO 81611 ASPEN, CO 81611 -3813 ORLANDO, FL 32819 STEINER DONALD R STETSON WILLIS J JR & SALLY W STITT ELIZABETH WILES IRREV TRUST BULKHEAD GRAND 23 SLEEPY HOLLOW DR 1450 SILVERKING DR 3338 PEACHTREE RD #3307 NEWTOWN SQUARE, PA 19073 . ASPEN, CO 81611 ATLANTA, GA 30326 TANZBAR CH HOLDINGS LLC SULLIVAN JOHN B TRUST SZYMANSKI WILLIAM R & LYNNE E ATTN RON GARFIELD ESQ 1300 E REUSCH RD 131 E DURANT AV #409 601 E HYMAN AVE ELIZABETH, IL 61028 ASPEN, CO 81611 ASPEN, CO 81611 TAROCH HOLDINGS LTD TAYLOR ELAINE D THREE REEDS LLC 315 E HYMAN AVE #305 W301 N9430 COUNTY ROAD E 2224 VIA SEVILLE RD NW ASPEN, CO 81611 -2909 HARTLAND, WI 530299515 ALBUQUERQUE, NM 87104 -3096 TOWNE PLACE OF ASPEN CON TYDEN FAMILY FARMS PTNP 60% UHLFELDER FAMILY INVESTMENTS ASSOC INC RLLP 1730 IROQUOIS TR 210 AABC STE AA CIO ASPEN LODGING COMPANY HASTINGS, MI 49058 ASPEN, CO 81611 747 S GALENA ST ASPEN, CO 81611 UNIFIED CREDIT TRUST VANDER WALL DEAN ROBERT & VANTONGEREN HAROLD V & LIDIA M BEVERLY J 2000E 12TH AVE BOX 8 300 S POINTE DR #2403 PO BOX 189 DENVER, CO 80206 MIAMI BEACH, FL 33139 LONE PINE, CA 93545 VISCONSI DOMINIC A JR TRUST WALSH WILLIAM LLOYD WEINGLASS GABRIELE PEPPER TRUST 30050 CHAGRIN BLVD #360 120 WEST THIRD ST SUITE #400 PO BOX 7816 CLEVELAND, OH 44124 FORT WORTH, TX 76102 ASPEN, CO 81612 WftidGLA33 LEONARD WHEELER SQUARE - CASPER FAMILY WHITE JALEH THICKMAN DAVID LLC PO BOX 11509 315 E HYMAN 152 E DURANT AVE ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 -1737 WICHMANN VICTORIA WILTGEN JOHN & KATIE HONE WINFIELD ARMS CONDO ASSOC 119 E COOPER ST #4 130 E WAYNE ST 600 E HOPKINS AVE #203 ASPEN, CO 81611 CELINA, OH 45822 ASPEN, CO 81611 r ni a6p3 dn-dod asodxa Jaded Pad f ®09Ls a ;eldwal ® tiany asl 1 ®0915 ®A2l3Ad oz aup 5u018 puag ® y I slage3 ® laad J(se A213AV - 008 - 1 l pw dn -clod piogeJ al Jaianaa " sup i OM ®ALIAAV ••VnteU "I �o'!nai 1 a l a am ae e e za! de ap sua5 ! as ad a sa ne sa ;yanb i worklanemnnnn p u} 4 il 1, l 8 V -., I 1 3 WOODING MERRITT B WOODSON TATJANA REV TRUST WOW LIFT ONE LLC PO BOX 339 PO BOX 1845 3225 ELK CANYON CIR HOPE, NJ 07844 WILSON, WY 83014 SEDALIA, CO 80135 -8573 WWSP3G LLC YEWER ELISABETH B YOMAC MANAGEMENT LIMITED PO BOX 4290 6259 HWY 83 410 GILES BLVD EAST ASPEN, CO 81612 CHENEQUA, WI 53029 WINDSOR ONTARIO CANADA N9A4C6, ZAUNER HEINZ JUERGEN REV TRUST ZEFF CAPITAL LP 0451 STAGECOACH LN 30 EDGE HILL RD CARBONDALE, CO 81623 MILL VALLEY, CA 94941 • T T va a6p3 dn-dod asodxa immw Jaded paad 1 ®0915 a}eldwal ® AGanV asp 1 ®09LS ®AU3At/ CA i oz awl 6uole pupa mom v slagei ® lead Ase; w1 ` PUBLIC NOTICE RE: 233 E COOPER STREET, AKA MONARCH ON THE PARK, UNIT P -3, REQUEST FOR A PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 6th, 2011, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by MOP, LLC, a Nevada limited liability company, 5348 Vegas Drive, Las Vegas, Nevada, who is the owner of the subject property and is represented by Robin Schiller of CCY Architects, Basalt. The applicant is requesting an amendment to the Monarch on the Park Planned Unit Development (PUD) to allow an approximately 11 ft. tall privacy screen on the third floor deck of the alley elevation. The property is legally described as Monarch on the Park Subdivision, Lots K -S, Unit P -3, Aspen, Colorado. For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2778, sara.adams@ci.aspen.co.us. s /Stan Gibbs, Chair Aspen Board of Adjustment Published in the Aspen Times on August 21, 2011 City of Aspen Account Monarch P -3 — PUD Amendment Narrative draft begun 05 -12 -11 ras CCY A Description of the Proposed Work: Applicant is the Owner of a third floor condominium in the Monarch Bldg., 233 E. Cooper (Unit P -3 on the original construction drawings). Due to the height of the Dancing Bear building, directly across the alley to the south, persons there can look directly into the Master Bathroom and other spaces of Applicant's home. Applicant wishes to extend the existing handrail of the existing deck upward (though still short of the existing roof overhang) to provide visual screening for privacy. The screen is proposed to be constructed of painted steel angles clad with perforated steel panels (both materials already used in the existing railings of the building) and frosted glass panels (similar to those used in existing canopies all around the building). On the south face of the deck, the portion of the screen that extends above the existing guardrail totals about 102 sf. Since the south elevation of the building has an area of approximately 10,530 sf (270' long x 39' h.), this means the portion affected by the screen is about 1% of the total south elevation. Design of the screen was developed in consultation with John Cottle of CCY, who is the original designer of the building and it is his opinion that the design is in keeping with the character and intent of the building. Included in this package is a photo - simulation of how the screen will appear from a vantage point on -grade near the west end of the alley. This simulation makes clear that the screen will have negligible impact on character, massing or any other characteristics which in any way impact the public. B Compliance with the Review Standards relevant to the development Application (reference 26.455.100B: Section 100B describes the process for amendments which do not meet the threshold for an insubstantial amendment, but does not specify specific review criteria for such amendments. Understanding and accepting Staff 's determination that the proposed modification does not meet the threshold for an insubstantial amendment, applicant suggests however that the criteria for insubstantiality make an effective framework for evaluating the proposal. Per 26.445.100A, those criteria are: 1. A change in the use or character of the development. The proposed work does not in any way modify the use of the development. While it does change the appearance of one small part of the exterior facade, that change is fully in keeping with the character, as originally approved and as existing prior to the proposed work. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. The proposed work will not in any way increase land coverage. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. The proposed work will not have any effect on trip generation or demand for public facilities. Monarch Building, Unit P -3 1 Addition of Privacy Screen c 4. A reduction by greater than three percent (3 %) of the approved open space. The proposed work will not result in any change to open space. 5. A reduction by greater than one percent (1%) of the off - street parking and loading space. The proposed work will not result in any change to off - street parking and loading space. 6. A reduction in required pavement widths or rights -of -way for streets and easements. The proposed work will not result in any change to rights -of -way and easements. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. The proposed work will not result in any change to leasable area. 8. An increase by greater than one percent (1%) in the approved residential density of the development. The proposed work will not result in any change to residential density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The proposed work will not result in any change to any condition or representation of the project's original approval. It does change the height of a handrail on one area of deck on one of three floors on one of the four elevations of the building ,however as proposed the top of the screen is lower than an existing approved roof overhang, therefore it does not increase the apparent height or mass of the building from any public viewpoint. The materials and detailing of the propose screen, while selected to fulfill its function, have also been selected and detailed by the building's original architect to be consistent with its overall material palette and character. The proposed screen has been designed to fulfill its intended function with as little impact as possible on the existing building, its neighbors or the community. It does not create any additional demand for community resources or services, nor in any way detract from the use by other persons of any public or private property, resource, service or activity. 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I i 1 , 1 1 . ......... ._,_ .• . I i PU• DATE o + . TIME '1 4 1 I, T E ' " r i Es MT T. • PLACE C 1T1' I.1 Au.., i 'S o , C A L E: N A PURPOSE TO Ca441DER. Acetic., XS Foe 10.1 A+hENflr1Et.4 T `vo TNt riDiq A2 µ or-1 r N E FAL ? r•I E O UNLIT b EVEL' Tu At-Law -9J 41PQox. II'T4LL- Y2tvgc r s� 04 THE Twig.° f fck 4F Tric A It Er E LLVA . FOR FURTHER INFORMATION CONTACT: 54 hA THE CITY OF ASP M9 130 S GALENA S T ASPEN CO (970)920-50 , f '. `�' t1 T �~ • • PU • OW DATE .. TIME f.'5b ?r1 141 ERG •TIES M ?i is - . • "�. PLACECITY N41.c.,115o6.6At,cN01 PURPOSE To co44oEQ MfLI A Fod A.1 Amt..,orYL.rT la Ttlf rioN A� , '3 Ti4E QALk ?LAnN (C 1.1.117 1)Cdf E' TO A1.1.-OW -44 iliAeX h TAIL TRACY s.. THE Tu140 etc. DfCL OF 7,-IC 1 - 1 Eae ruernn lNEOealtron con4c1 <�� t len CRT Of ASPEN PL10NIhaafN hMENT AV 1 SG1LEAd51 1,6.766 IPF 6 I r . 0 CCY ARCHITECTS 10) f 71, — 4„ Nt lk Oat May 27, 2011 0 iyj�,� <20 Ms. Jessica Garrow �F Community Development Department City of Aspen Via hand delivery Re: Application for PUD Amendment to add Privacy Screen Condominium Unit P -3, Monarch on the Park, 233 E. cooper Ave. Dear Ms. Garrow, Attached please find twelve copies of the materials specified in our Pre -App Conf. Summary: Copy of Pre -App Conference Summary Current Title Certificate Site Plan Completed Land Use Application Form Signed Fee Agreement 8 x 11 Vicinity Map Witten description of the Proposal (including arch. and struct. dwgs.) Written Explanation of how the proposed development complies with review standards Visual Representation of the proposed screen We have also paid the deposit ($1,470.00). Please contact me with any questions or comments you may have, and especially if there is anything we can do to facilitate the review and decision process. As you may guess, the applicant is anxious to move this forward to resolution as quickly as possible. Sincerely, t Robin Schiller, Sr. Associate, AIA, LEED AP COTTLE CARR YAW ARCHITECTS LTD COTTLE CARR YAW ARCHITECTS LTD 228 Midland Ave PO Box 529 Basalt CO 81621 970- 927 -4925 fax 970 - 927 -8578 ccyoffice@ccyarchitects.com / e ✓JS CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 970.429.2780 DATE: 5/11/2011 PROJECT: Monarch on the Park, 233 E Cooper REPRESENTATIVE: Robin Schiller, CCY Architects, 927 -4925 TYPE OF APPLICATION: PUD Amendment DESCRIPTION: The owner is interested in adding a privacy screen to their third floor unit. The screen would be located on the Alley side of the building. The screen would range in height from approximately 3'/ feet to 11 1 /z feet. The Monarch on the Park project was approved through a PUD process and is zoned Lodge PUD, so any change to the design must receive a PUD Amendment. The proposal requires review by the Planning and Zoning Commission at a public hearing. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100.6 PUD — Other Amendment 26.710.0190 Lodge (L) Follow link below to view the City of Aspen Land Use Code http://www.aspenpitkin.com/depts/38/citvcode.cfm Follow the link below to view the City of Aspen Land Use Application http: / /www. aspenpitkin. com /Portals /0 /docs /City /Comdev/ Apps %20and %20Feesllanduseappfor m.pdf Review by: Community Development Staff, P &Z Public Hearing: Yes, P &Z Planning Fees: $1470 for a Minor Application Review. This includes six (6) hours of staff review time. Additional time over six (6) hours will be billed at $245 per hour Total Deposit: $1,470 (Please note that the fee schedules changes November 1, 2011. A copy of the fees that go into effect on that date are on -line at: http:llwww. aspenpitkin. comlDepartments / Community- Development/Planninq -and- Zoninq /Recent- Code - Amendments /) Total Number of Application Copies: 12, 1 sets of full size plans To apply, submit the following information: 1 Total Deposit for review of application. j Pre - application Conference Summary. 1 1 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. 1 1 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. I IA site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. 1 Completed Land Use application and signed fee agreement. 1 1 An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. Li 12 copies of the complete application packet and maps. 1A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application § 26.445.100.8, PUD Other Amendment. I I Visual Representation in renderings and /or drawings that depict what the proposed screening will look like on the building. Information on materials should also be provided. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. `' Aspen Division • stewart title 620 East Hopkins Avenue View your transaction progress 24/7 via SureClose. Aspen, Colorado 81611 Phone: 970- 925 -3577 Ask us about your login today! Fax: 970 - 925 -1384 Date: May 26, 2011 Order Number: 946611 Buyer: Seller: MOP, LLC, a Nevada limited liability company Property 233 East Cooper Avenue Condominium Unit 3, Aspen, CO 81611 Please direct all Closing inquiries to: Please direct all Title inquiries to: Carma Allen- Weymouth Linda Williams 50 South Steele Street, Suite 600 97 Main Street, Suite W201 Denver, Colorado 80209 Edwards, Colorado 81632 Phone: 303-331-0333 Fax: 303-331-9867 Phone: 970-766-0234 Fax: 970-926-0235 Email Address: cweymouth@stewart.com Email Address: lwilliam3 @stewart.com SELLER: MOP, LLC, a Nevada limited liability company LISTING BROKER: SELLING BROKER: NONE None Phone: Phone: } ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart • title guaranty company Stewart Title Guaranty Company, a Texas Corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: stewart roe. �: �' title guaranty company -�-� «� -' Senior Chairman oft e Board r "1) . 1 cotlatCtYlgnalUre �4 •p0.POR .9y< Stewart Title 3 _ 'ra Aspen Division "; t g 0 2 ^ Chairman of the Board 620 East Hopkins Avenue Aspen, Colorado 81611 ` ; ' 11__ Phone: 970 - 925 -3577 President Fax: 970-925-1384 Order Number: 946611 ALTA Commitment (6/17/06) Title Officer: Linda Williams • COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: May 17, 2011, at 8:00 a.m. Order Number: 946611 Title Officer: Linda Williams 2. Policy or Policies To Be Issued: Amount of Insurance: (a) A.L.T.A. Owner's (Standard) $ TBD Proposed Insured: To Be Determined (b) A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: MOP LLC, A Nevada Limited Liability Company 5. The land referred to in this Commitment is described as follows: Unit Penthouse 3, MONARCH ON THE PARK CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, According to the Condominium Map recorded November 20, 2008 as Reception No. 554415 at Plat Book 89 at Page 11 and First Supplemental Map recorded December 17, 2008 in Plat Book 90 at Page 1 as Reception No. 555098 and as defined and described in the Declaration of Covenants, Conditions and Restrictions for Monarch on the Park recorded November 20, 2008 as Reception No. 554413 and First Amendment to Declaration recorded December 17, 2008 as Reception No. 555097 and Second Amendment to Declaration of Covenants, Conditions and Restrictions For Monarch On The Park recorded November 3, 2009 as Reception No. 564207 and Third Amendment to Declaration recorded November 17, 2010 as Reception No. 575253. COUNTY OF PITKIN, STATE OF COLORADO Purported Address: Statement of Charges: 233 East Cooper Avenue Condominium Unit 3 These charges are due and payable before a Policy can Aspen, Colorado 81611 be issued: Commitment Fee $500.00 COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 946611 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 6. Payment of any and all Condominium assessments and expenses which may be assessed to the property 7. Deed from vested owner(s), vesting fee simple title in Grantee(s) to be determined. Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38 -35 -109 (2). NOTE: The Company reserves the right to make any additional requirements and/or exceptions to this commitment and any subsequent Endorsements thereto, once the name(s) of the insured(s) and the amount(s) of liability have been disclosed. NOTE: Statement of Authority for MOP LLC recorded April 20, 2010 as Reception No. 568709, discloses the following persons as those authorized to transact business on behalf of said entity: Edward Sklyaroff as Manager If there have been any amendments or changes to the management of the entity, written documentation reflecting the changes and a new Statement of Authority will be required. 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 946611 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Exceptions and reservations in the Patent to City and Townsite of Aspen recorded in Book 139 at Page216. 1 1. Ordinance No. 1 Series of 2006 by City of Aspen recorded July 26, 2006 as Reception No. 526847. 12. Subdivision/Planned Unit Development Agreement recorded July 26, 2006 as Reception No. 526848. 13. All matters shown on the plat of Limelight Subdivision/Planned Unit Development recorded July 26, 2006 in Plat Book 80 at Page 21 and 14. Amenities Use Agreement by New Limelight LLC and Monarch on the Park Condominium Owners Association recorded November 20, 2008 as Reception No. 554414 and Supplement recorded January 14, 2010 as Reception No. 566208. 15. Declaration of Covenants for Monarch On The Park recorded November 20, 2008 as Reception No. 554413 and First Amendment recorded December 17, 2008 as Reception No. 555097 and Second Amendment recorded November 3, 2009 as Reception No. 564207 and Third Amendment recorded November 17, 2010 as Reception No. 575253. 16. All matters shown on the Condominium Map recorded November 20, 2008 as Reception No. 554415 at Plat Book 89 at Page 11 and First Supplemental Map recorded December 17, 2008 in Plat Book 90 at Page 1 as Reception No. 555098 17. Revocable Encroachment License Application with the City of Aspen recorded December 30, 2009 as Reception No. 565748. DISCLOSURES Order Number: 946611 Note: Pursuant to C.R.S. 10 -11 -122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single - family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10 -11 -123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm- Leach- Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as Yes No processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes — information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be Yes No fmancial and nonfinancial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non - affiliates to market to you. Non - affiliates are companies not related by common No We don't share ownership or control. They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to non - affiliates as permitted by law. If you request a transaction with a non - affiliate, such as a third party insurance company, we will disclose your personal information to that non - affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction. about their practices? How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we use security personal information? measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? • request insurance - related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 1 7 _ Stewart Title DISCLOSURE The title company, Stewart Title - Denver Division - Commercial Escrow in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with . computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loan, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. stewar ►title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. ,.a w.ww a ^ ..may :,00 rn �i i� l; � j F a l i �, i r 8 a L t i 1( �•aoiy f ,, � � +I , i ! h i t 1 1 1 1 _ tI i {I is li !] ' S i '111 10414,1/p \ \\\ li_ni ��� ii y1, j i II V - ,, ,yir _ . 1/ a ; , I \v� 4 J pp z Q� 4 I ll � i �t I ti; .- i'Oct 1 ' � — 1" a d r i i •is ►sally s 1 T i 1 i9 i 1 I Site Plan Monarch Building, Unit P -3 Addition of Privacy Screen RECF'VED I;1:i i 'J H ATTACHMENT 2 -LAND USE APPLICATION CITY OF P.SPEN PROJECT: C DEVEL 1PMENT Name: Location: 1\/\oAAye, '+ it% P \ Z. e. C�� A t1►+: P -3 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) ��j • 12 - - D 1 APPLICANT: Name: MO [ at, a 1 i Q,teA I A Iv�t Ind ( �l„-1f, h1 /Ala. S�I \ 1& v/ Phone #: `4 V f JaS 1 1 NV U I to5 REPRESENTATIVE: 11 Name: 12_ 0 1 1 4,A1:114,- C- t A L:4e cAs Address: 2-7-b 1 J A' e.o• &O> %Z°i c ) + 60 044 Phone #: Olt - (e, . # 2La) TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use El GMQS Allotment (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA - 8040 Greenline, Stream El Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc) Hav you attached the following? FEES DUE: $ [i At e- Application Conference Summary tachment #1, Signed Fee Agreement 0 Response to Attachment #3, Dimensional Requirements Farm ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards D M a 1 f_ tar et- All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model. ATTACHMENT 3 �p��p DIMENSIONAL REQUIREMENTS FORM Project: �W/L l' ./ : vkt y 4c.,re.tr, Mot,. at a i l p-Zj e Applicant: Location: 2 3 1 . Ge.1 e Zone District: L v de t. 2. , I . }- Lot Size: /-1. ry Lot Area: N • A (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: 1-1 4. G1nz,n Number of residential units: Existing: Proposed: NI 0,, nS G Number of bedrooms: Existing: Proposed: 0,4( a, 3 Proposed % of demolition (Historic properties only): o.) . A DIMENSIONS: Floor Area: Existing: Allowable: Proposed: kip 61""5 .e Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: 1 ' On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: ') % Open Space: Existing: Required: Proposed: ' Front Setback: Existing: Required: Proposed: '" Rear Setback: Existing: Required: Proposed: 1) Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: %" • Side Setback: Existing: Required: Proposed: ' Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: I Buildings Existing non - conformities or encroachments: A .A • Variations requested: NAG A. R EC F VED VED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT MAY 2 6 2011 Agreement for Payment of City of Aspen Development Application Fees CITY COMMUNITY DEVELOPMENT CITY OF ASPEN (hereinafter CITY) and AA/2P LG6 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for o :„ r : vat 4c-v [ c (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of applic Lion co APPLICANT shall pay an initial deposit in the i amount of $ (n 0 d which is for G � x> hours of Community Development staff time, and if actual recorded cosis exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: B 404.1 4./t y: By: Chris Hendon L �� Community Development Director Date: Bil��g Address nd "�'el��� i Number: 4-6 41 vL is p.a. A. x, SZ, ii,.• co efhL ® , i Th � 1, S - Z ti -z ' .7 Aspen 07 TS s � vl rti L 7 1 Z Pad, 0 IOL t Co, Nil 0 N AR C H z- F M n st BUILDING 233 E COOPER AV E . 12 000 200m X011 MaoQuest - Portion I Vicinity Map Not to Scale Monarch Building, Unit P -3 ras CCY 05 -23 -11 Monarch Building, Unit P -3 Addition of Privacy Screen Monarch P -3 — PUD Amendment Narrative 05 -27 -11 ras CCY A Description of the Proposed Work: Applicant is the Owner of a third floor condominium in the Monarch Bldg., 233 E. Cooper (Unit P -3 on the original construction drawings). Due to the height of the Dancing Bear building, directly across the alley to the south, persons there can look directly into the Master Bathroom and other spaces of Applicant's home. Applicant wishes to extend the existing handrail of the existing deck upward (though still short of the existing roof overhang) to provide visual screening for privacy. The screen is proposed to be constructed of painted steel angles clad with perforated steel panels (both materials already used in the existing railings of the building) and frosted glass panels (similar to those used in existing canopies all around the building). On the south face of the deck, the portion of the screen that extends above the existing guardrail totals about 102 sf. Since the south elevation of the building has an area of approximately 10,530 sf (270' long x 39' h.), this means the portion affected by the screen is about 1% of the total south elevation. Design of the screen was developed in consultation with John Cottle of CCY, who is the original designer of the building and it is his opinion that the design is in keeping with the character and intent of the building. Included in this package is a photo - simulation of how the screen will appear from a vantage point on -grade near the west end of the alley. This simulation makes clear that the screen will have negligible impact on character, massing or any other characteristics which in any way impact the public. B Compliance with the Review Standards relevant to the development Application (reference 26.455.100B: Section 100B describes the process for amendments which do not meet the threshold for an insubstantial amendment, but does not specify specific review criteria for such amendments. Understanding and accepting Staff 's determination that the proposed modification does not meet the threshold for an insubstantial amendment, applicant suggests however that the criteria for insubstantiality make an effective framework for evaluating the proposal. Per 26.445.100A, those criteria are: 1. A change in the use or character of the development. The proposed work does not in any way modify the use of the development. While it does change the appearance of one small part of the exterior facade, that change is fully in keeping with the character, as originally approved and as existing prior to the proposed work. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. The proposed work will not in any way increase land coverage. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. The proposed work will not have any effect on trip generation or demand for public facilities. 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A reduction by greater than three percent (3 %) of the approved open space. The proposed work will not result in any change to open space. 5. A reduction by greater than one percent (1%) of the off - street parking and loading space. The proposed work will not result in any change to off - street parking and loading space. 6. A reduction in required pavement widths or rights -of -way for streets and easements. The proposed work will not result in any change to rights -of -way and easements. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. The proposed work will not result in any change to leasable area. 8. An increase by greater than one percent (1%) in the approved residential density of the development. The proposed work will not result in any change to residential density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The proposed work will not result in any change to any condition or representation of the project's original approval. It does change the height of a handrail on one area of deck on one of three floors on one of the four elevations of the building ,however as proposed the top of the screen is lower than an existing approved roof overhang, therefore it does not increase the apparent height or mass of the building from any public viewpoint. The materials and detailing of the propose screen, while selected to fulfill its function, have also been selected and detailed by the building's original architect to be consistent with its overall material palette and character. The proposed screen has been designed to fulfill its intended function with as little impact as possible on the existing building, its neighbors or the community. It does not create any additional demand for community resources or services, nor in any way detract from the use by other persons of any public or private property, resource, service or activity. Monarch Building, Unit P -3 Addition of Privacy Screen 0 ! - 4 :, t R , 0 --A. , , F r a , a J i 1 ..,,, �~``• .- 1111 , t� , At M Visual Representation — Existing Condition This image shows the South Elevation of the existing building as it exists today, prior to addition of the proposed Privacy Screen. Monarch Building, Unit P -3 ras CCY 05 -23 -11 Monarch Building, Unit P -3 Addition of Privacy Screen y 0 . . i t .,. � 3,.. 114" 1 . 4 igit t ' 0 : \. Allit ' ':- t 1 _ — • ----- ' 1 :-- ' Visual Representation — Addition of Privacy Screen This image shows the South Elevation of the existing building. The proposed screen is located on the third (top) floor, slightly to right of center, beneath the existing roof overhang. Monarch Building, Unit P -3 ras CCY 05 -23 -11 Monarch Building, Unit P -3 Addition of Privacy Screen 1 V I • .„, 'rte - \• ,.. ` k ..41 t I � - ' "` V I mo+ , 1' 01 \ . [ s 1 ' - .,- '„ Visual Representation — Addition of Privacy Screen — Close -in view Note: This image is zoomed -in to demonstrate that the screen is represented properly. To see the screen in this manner, one would be located ten to fifteen feet above the alley surface. Refer to complete image on previous page for indication of how addition of the screen actually affects appearance of the building. Monarch Building, Unit P -3 ras CCY 05 -23 -11 Monarch Building, Unit P -3 Addition of Privacy Screen fecieN 00,44% , ORDINANCE NO. 1 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE LIMELIGHT LODGE FINAL PLANNED UNIT DEVELOPMENT AND ASSOCIATED LAND USE REVIEWS TO CONSTRUCT 125 LODGE ROOMS AND 15 RESIDENTIAL DWELLING UNITS ON THE LIMELITE LODGE, DEEP POWDER LODGE, AND SNOWFLAKE INN PROPERTIES, DESCRIBED AS THE EASTERNMOST 10 FEET OF LOT C, LOTS D -I AND LOTS O -S, BLOCK 76, CITY AND TOWNSITE OF ASPEN, AND LOTS A -I, BLOCK 77, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737 - 182 -19 -001 Parcel No. 2737 - 131 -05 -001 Parcel No. 2737 - 182 -18 -001 Parcel No. 2737- 073 -42 -001 WHEREAS, the Community Development Department received an application from Limelite Inc. and Limelite Redevelopment LLC, owners, represented by Steve Szymanski, requesting approval of a Final Planned Unit Development, Partial Alley Vacation, Rezoning, Subdivision, Wheeler Mountain View Plane Review, Residential Design Standards Variances, Commercial Design Standard Variances, and Growth Management Review, to construct 125 lodge units and seventeen (17) free market residential dwelling units on the properties described as the easternmost 10 feet of Lot C, Lots D -I and Lots O -S, Block 76, of the City and Townsite of Aspen and Lots A -I, Block 77, City and Townsite of Aspen; and, WHEREAS, the subject properties contain approximately 64,000 total square feet and are located in the Lodge Zone District; and, WHEREAS, the Community Development Director has determined in consultation with the Applicants that it would be appropriate for the review of all of the land use requests associated with the final PUD application to be combined with the review of the final PUD application to ensure clarity in the final decision pursuant to Land Use Code Section 26.304.060(B)(1), Combined reviews; and, WHEREAS, pursuant to Land Use Code Section 26,445, Planned Unit Development, the City Council may approve, approve with conditions, or deny a Final Planned Unit Development request during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on December 6, 2005, the Planning and Zoning Commission continued the review of the proposal to December 13, 2005; and, 1 of 11 III 11111001111111 IIIIIIII 1111111 07/26/2006 11:52 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 56.00 D 0.00 WHEREAS, during a duly noticed public hearing on December 13, 2005, the Planning and Zoning Commission approved Resolution No. 38, Series of 2005, by a five to zero (5 -0) vote, recommending that City Council approve with conditions, the Limelight Lodge final PUD and associated land use actions to construct an incentive lodge consisting of 125 lodge units and seventeen (17) free - market residential units; and, WHEREAS, during a duly noticed public hearing on January 23, 2006, the Aspen City Council continued the review of the application to February 6` and, WHEREAS, the Applicants submitted a revised proposal containing 125 lodge units and fifteen (15) free - market residential units; and, WHEREAS, during a continued public hearing on February 6, 2006, the Aspen City Council approved Ordinance No. 1, Series of 2006, by a four to one (4 -1) vote, approving with conditions, the Limelight Lodge final PUD and associated land use actions to construct an incentive lodge consisting of 125 lodge units and fifteen (15) free - market residential units; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council hereby approves the Limelight Lodge Final PUD application, partial alley vacation, subdivision, rezoning to include a PUD overlay, Wheeler Mountain View Plane Review, Commercial Design Standard Variances, and Growth Management Review to construct 125 lodge units and fifteen (15) free market residential dwelling units on the properties described as the easternmost 10 feet of Lot C, Lots D -I and Lots O -S, Block 76, of the City and Townsite of Aspen and Lots A -I, Block 77, City and Townsite of Aspen, subject to the conditions contained herein. 1 07/26/2006 8 2 1 1:52 JPNICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 D 0.00 Section 2: Rezoning to include a PUD Overlay Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.310, Amendments to the Land Use Code and Official Zone District Map, City Council hereby rezones the Limelite Lodge, Deep Powder Lodge, and Snowflake Inn properties to include a PUD overlay. Section 3: Subdivision/PUD Plat and Agreement The Applicants shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. Additionally, a final Subdivision/PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: a. A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with the reception numbers) for physical improvements, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A final grading and drainage plan. e. A final utility plan. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P &Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off -site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. e. A drainage plan, including an erosion control plan and snow storage runoff plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5- year storm frequency should be used in designing any drainage improvements. f. A final construction management plan pursuant to the requirements described in Section 6 of this ordinance. !! I J1 ffl J IJllJ IJ I JJ !I JJI IJ I II IIIIIIIII W I III 0 5968 06011:52 g. A fugitive dust control plan to be reviewed and approved by the Engineering Department. h. An excavation/stabilization plan prepared by a licensed Engineer. Section 5: Dimensional Requirements The dimensional requirements established in this PUD are as follows: Dimensional PUD Dimensional Requirement Requirements Minimum Lot Size 6,000 SF Minimum Lot Width 60 Feet Minimum Front Yard 0 Feet Setback Minimum Side Yard 0 Feet Setback Minimum Rear Yard 0 Feet Setback Maximum Height Lodge: 46 Feet for Primary Roof Height, 50 Feet for limited accent elements, elevators, mechanical enclosures, etc.* Per Roof Height Plan Presented at 2/6/06 City Council Meeting Residential: 42 Feet, measured from existing grade and 46 feet for elevator head enclosures, fireplace flues, and vent terminations.* Per Roof Height Plan Presented at 2/6/06 City Council Meeting. Minimum Percent Open 77% Maximum Site Coverage Space Allowable External 2.43:1 FAR Minimum Off - Street .4 Parking Spaces per Lodge Unit Parking 2 Parking Spaces per Residential Unit Section 6: Construction Manaeement A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction- related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This 110 I 111111 5,02.2643/ 20 6 111i JANICE K VOS CAUDILL PITKIN COUNTY CO R 50.00 0 0.00 agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as- needed cleaning of adjacent right -of -ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required for use of the City's right -of -way for construction purposes. The Applicants shall not be allowed to close Monarch Street during construction except when doing utility work in Monarch Street and constructing corner bulb -outs. The Applicants shall coordinate with the Roaring Fork Transit Agency (RFTA) and the City to schedule a closure of Monarch Street. Street closures concurrent with significant public events in Wagner Park shall be avoided to the greatest extent possible. Street closures of South Monarch Street and East Cooper Avenue shall be administered by the City of Aspen Building Department subject to obtaining temporary encroachment licenses. The Applicants shall also provide phone contact information for on -site project management to address construction impacts to: The City of Aspen, the 210 E. Cooper Condominiums, the Park Central Condominiums, the Park Central West Condominiums, and the Towne Place of Aspen Condominiums. Section 7: Pre - Construction Meeting The Applicants shall conduct a pre - construction meeting with the City Community Development Staff prior to submittal for a building permit application. This meeting shall include the general contractor, the architect producing the construction drawings, the Community Development Engineer, a representative of the City Building Department, and the Community Development Department's case planner. Section 8: Fire Mitieation The Applicants shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshall in both the residential and lodge developments. The water service line shall be sized appropriately to accommodate the required Fire Sprinkler System. The Applicants' design team shall meet with the Fire Marshall to formulate a plan for fighting fires in the below -grade parking garage structures prior to building permit submittal. I I P5 0 a727266 /52 6 1:52 Section 9: Water Department Requirements The Applicants shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicants shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units. Each residential unit shall have an individual water meter but the Applicants will be required to pay only one tap fee for the residential unit building and one tap fee for the lodge building. Section 10: Aspen Consolidated Sanitation District Requirements The Applicants shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be installed in each of the parking garages. In addition, the driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through an oil and sand separator. One tap to the main sanitary line is allowed for each of the buildings within the development. No soil nails shall be allowed in the public right -of -way above ACSD main sewer lines. The Applicants shall enter into a shared service line agreement. Glycol and snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation District. Section 11: Sewer Line Relocation The Applicants shall fund the relocation of the main sanitary sewer line that serves the Prospector Lodge. • Section 12: Transformer Relocation The Applicants shall relocate the existing transformer onto their property. The location for the transformer shall be approved by the Community Development Department prior to installation. The Applicants shall dedicate an easement to allow for City Utility Personnel to access the relocated transformer for maintenance purposes. Section 13: Deliveries in Block 76 Alley There shall be no deliveries to the extent practical to the Limelight Lodge via the remaining Block 76 alleyway. Section 14: Lodge Employee Audit An employee audit on the lodge component and residential component of the development shall be conducted after two full fiscal years from the date of issuance of the certificate of occupancy to verify that only 40 FTEs are needed to operate the new lodge, pursuant to the following terms: a. The Applicants shall provide an up -to -date report on the current employees at the time of final plat. b. The Applicants shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. 1111111111101111111011111111 07/26/2006 8 1 1:52 JPNICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 D 0.00 c. The Applicants shall be fully responsible for all fees associated with retaining an auditor. d. The audit shall occur after two full fiscal years of operation. Should the housing audit referenced above indicate that the new Limelight Lodge is employing more than the forty (40) full -time employees (the Limelite Lodge, Deep Powder Lodge, and Snowflake Inn to be demolished had 42 full -time employees after consolidating ownership of the properties, of which 2 FTEs shall be credited to the free - market residential component in order to lower its employee housing mitigation requirement to 3.36 1- bedroom affordable housing units or cash -in -lieu thereof) that are anticipated to operate the new lodge, the Applicants shall return to the Housing Authority under the following terms: a. The Applicants shall provide deed restricted, affordable housing or cash -in -lieu thereof to mitigate for 30% of the additional employees above 40 full -time employees. b. The Applicants shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. c. The term employee shall include all full -time payroll and non - payroll employees generated by the application. d. Employee housing units or cash -in -lieu thereof equal to 3.36 1- bedroom units shall be provided prior to requesting a final building inspection on any of the residential or lodge units within the project. Section 15: Deep Powder Relocation The Applicants shall pay $20,000.00 towards, schedule, and supervise the relocation of the two (2) oldest deep powder cabins to a site provided by the City. The landing site of the cabins shall be identified by the City in a timely manner to allow for the relocation of the cabins on or around May 1, 2006, to accommodate the demolition plans of the Applicants. Section 16: Landscaping The Applicants shall submit a detailed landscaping plan as part of the building permit application. This landscaping plan shall include a plan for right -of -way landscaping and irrigation without trenching under the roots of trees to be preserved to the extent possible. If trenching is necessary it shall be done by hand. The plan shall also include a parkway landscaping strip adjacent to all abutting public streets of at least five (5) feet in width. Appropriate street tree plantings are required along all streets adjacent to the property. The Applicants shall preserve the existing Cottonwood tree located on the corner of South Monarch Street and East Hyman Avenue and the large Cottonwood tree that exists between the Deep Powder Lodge and the Limelite South Building that were slated for removal in the conceptual PUD application. Additionally, the stand of large Spruce trees located to the north of the existing Limelite South Building shall be thinned for health and preserved. The Applicants shall also install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: III I II Ell III DEM III 1111 I II 07 /26 / 06 1 1 52 JRNICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 D 0.00 a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. The Applicants shall also remove the three (3) conifers located adjacent to the proposed parking garage entrance to the lodge building along East Hyman Avenue. A 2 -year maintenance bond shall be secured by the Applicants for any trees to be preserved in which there will be planned excavation within or adjacent to their driplines. Section 17: Pedestrian Amenity The Applicants are proposing to provide pedestrian amenity for 1% (approximately 550 square feet) of lot square footage. The Applicants shall pay a cash -in -lieu fee of providing pedestrian amenity in the amount of $732,900 (15,208 SF which is 25% of 60,834 SF property size minus 550 square feet of pedestrian amenity space provided= $14,658 SF, multiplied by $50 per square foot) prior to building permit issuance. Section 18: PM -10 Mitigation The Applicants shall execute the following methods of PM -10 mitigation: a. Sell the residential units with only one parking space per unit and require that purchasers of a unit be required to purchase a second space at an additional cost. b. Provide free RFTA bus passes to employees that live outside the City of Aspen. c. Advertising to potential guests that a personal or rental car is not necessary due to the extensive public transportation system. Section 19: Corner Bulb -Outs The comer bulb -outs shall contain tapered curb lines of 15 degrees leading into the comer bulb outs proposed in the South Monarch Street and East Hyman Avenue right -of -ways for snow plowing purposes. Additionally, a street width of 28 feet, from the face of curb to the face of curb, shall be maintained on South Monarch Street where the corner bulb -outs are proposed. Section 20: Right -of Wav Improvements The Applicants shall reconstruct E Cooper Avenue between South Aspen Street and South Monarch Street and split the drainage flows to South Aspen Street and Monarch Street. Additionally, if it is necessary to install a new storm drainage pipe in E. Hyman Avenue and resurrect the storm sewer inlet on the southeast corner of S. Aspen Street and E. Hyman Avenue, the Applicants shall reconstruct the south half of E. Hyman Avenue. The Applicants shall also reconstruct the west half of S. Monarch Street and pave the alleyway of Block 77. All of the improvements set forth in this section shall be made prior to issuance of a certificate of occupancy on any part of the development. I 5968 s 11:52 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 J 0.00 Section 21: Sidewalk, Curb, and Gutter Sidewalk, curb, and gutter meeting the City Engineer's design requirements shall be constructed in the right -of -way adjacent to all of the property subject to this development prior to issuance of a certificate of occupancy on any portion of the development. On Cooper Avenue between South Aspen Street and Monarch Street all curb and gutter shall be replaced. The sidewalk locations shall be in substantially the same location as is depicted on the site plan in the final PUD application submittal. The north- facing curbs shall be heated. Section 22: Park Development Impact Fees Park Development Impact Fees shall be assessed at the time of building permit issuance on both the new residential bedrooms (including the affordable housing bedrooms) and the lodging bedrooms to be added to the subject properties pursuant to Land Use Code Section 26.610, Park Development Impact Fees. The Park Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit application. Section 23: School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal at the time of building permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication, because subdivision approval is required for the development of the multi - family residential units per the definition of subdivision in the land use code. The school lands dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit application. Section 24: Exterior Lighting All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 25: Wildlife Trash Containers The Applicants shall install a wildlife -proof trash container for the residential building that meets the requirements of the Environmental Health Department. The Applicants shall install a trash compacter for use of the lodge building to limit solid waste pick -ups in the alleyway of Block 76. Section 26: Food Service Facilities Food service plans meeting the requirements of the City of Aspen Environmental Health Department shall be submitted and approved prior to serving food and prior to obtaining a Colorado Food Service License. Section 27: Pool and Spas All design, installation, and maintenance of the pool and spa shall comply with the Colorado Department of Health's "Swimming Pool and Mineral Bath Regulations ". The Aspen Consolidated Sanitation District shall review and approve the drain size for the swimming pool facility prior to installation. ! i 8 ! J 1 II LI IIe 596,80 ee1i:sz ION Section 28: Development Timing The Applicants shall obtain a certificate of occupancy on all the lodge component of the development prior to obtaining a certificate of occupancy on any of the residential units within the development. Section 29: Allen Vacation The eastern 150 feet of the alleyway located in Block 76 of the City and Townsite of Aspen is hereby vacated subject to the following requirements: a. Ownership and title to the lands so vacated shall vest as provided in and by Section 43 -2 -302 of the Colorado Revised Statutes. b. The City Clerk is hereby directed, upon the adoption of this ordinance, to record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder. c. The City Engineer is hereby directed, upon adoption of this ordinance, to make all corrections necessary to the Official Map of the City of Aspen. d. The alley vacation is approved based on the finding that the vacation will not leave any adjoining lands without a means of access over an established public right -of -way connecting such lands to an established public street. e. An alley vacation plat shall be filed and recorded at the Pitkin County Clerk and Recorder's office in association with recording the final subdivision plat and PUD plans. Section 30: This Ordinance shall not affect 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 construed and concluded under such prior ordinances. Section 31: 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 32: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Historic Preservation Commission, Planning and Zoning Commission, or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111#111111 a g 68 0 7 11 PIT KIN R 5. 0 7/ 11,52 00 Section 33: A public hearing on the ordinance was held on the 23rd day of January, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado and continued to the 6' day of February, 2006. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of January, 2006. s at elen : V a derud, Mayor Attest: Kathryn S. O ch, City Clerk FINALLY, adopted, passed and approved by a vote of four to one (4 -1), this 6 day of February, 2006. elen lin anderud, Mayor Attest: Kathryn S. h, City Clerk Approved as to form: I 5 : 11 of 111521 JPNICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 D 0.00 z, ate► P.' orees er, City Attorney * . THE CITY OF ASPEN Land Use Application Determination of Completeness Date: June 1, 2011 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0040.2011.ASLU —233 E. Cooper. The planner assigned to this case is Sara Adams. ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. We are tentatively scheduling the hearing before the Planning and Zoning Commission for August 16 Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2759 if you have any questions. . TJ3ank You, mos 4_A . At A ennifer ' lan, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F.