HomeMy WebLinkAboutLand Use Case.330 E Main St.0005.2012.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0005.2012.ASLU
PARCEL ID NUMBERS 2737 07 315it '), � � /� F K's
PROJECTS ADDRESS 330 E. MAIN ST
PLANNER SARA ADAMS
CASE DESCRIPTION INSTUBSTAINIAL PUD AMENDMENT
REPRESENTATIVE VAAN ASSOCIATES
DATE OF FINAL ACTION 3.20.12
CLOSED BY ANGELA SCOREY ON: 9.4.12
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: lerovaL ,
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
I, o L cll_ � � (name, please print)
being or repre enting an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) or Section 26.306.010 (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.
Signatur
The foregoing "Affidavit of Notice" was acknowledged before me this ZZday
of . , 20 l2,-by
WITNESS MY HAND AND OFFICIAL SEAL
Nlfi3LIC NOTICE
JJJJJJ Of
DEVEL,�PMENT APPROVAL
Notice is hereby��11 ven to the general public of the M commission expires:
approval of a site-specific development plan,and Y
the creation of a vested property right pursuant to
the Land Use Code of the City of Aspen and Title
24,Article 68,Colorado Revised Statutes,pertain-
ing to the following described property: Parcel ID I 01A
#2737-073-21-001,Legally described as The Hotel 6-&- 0
Jerome. 330 East Main Street,Lots A-I,and Lots No ar Public
O-S,and the easterly 20 feet of Lot N and the y
easterly 170 feet of the vacated alley all in Block
79,City and Townsite of Aspen,Pitkin County,
Colorado by an administrative approval by the
Community Development Director. The applicant
received an insubstantial amendment to Ordi-
nance No.42,Series of pp The approvals are ATTACHMENTS:
depicted in the land use application lication on file with the
City of Aspen. For further information contact Sa-
ra Adams at the City of Aspen Community Devel- COPY OF THE PUBLICATION
opment Dept.,130 S.Galena St.,Aspen,Colorado.
(970)429-2778.
City of Aspen
Published in the Aspen limes Weekly on March
22,2012 [7694071
C
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:
Jerome Property, LLC, 540 West Madison, Chicago, IL 60661,(312) 542-1030.
Legal Description and Street Address of Subject Property:
The Hotel Jerome, 330 East Main Street, Lots A—I and Lots O—S, and the easterly 20
feet of Lot N and the easterly 170 feet of the vacated alley all in Block 79, City and Townsite of
Aspen, Colorado. Parcel ID#2737-073-21-001.
Written Description of the Site Specific Plan and/or Attachment Describing Plan:
Insubstantial PUD amendment to reduce the approved net leasable commercial area,
increase the floor area allocated to "other" uses, and decrease the overall approved floor
area for the site.
Land Use Approval Received and Dates:
Administrative approval granted on March 19, 2012
Effective Date of Development Order:
March 22, 2012. (Same as date of publication of notice of approval.)
Expiration Date of Development Order:
March 22, 2015. (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 7th/is2 'd day of arch 2012, by the City of Aspen Community Development Director.
Chris Bendon
Community Development Director
City of Aspen
AMENDED' NOTICE OF APPROVAL
For an Insubstantial PUD Amendment to
330 East Main Street,ska the Hotel Jerome
Parcel 11D No.2737-073-21-001:
APnJCAxT: Jerame Property,LLC
540 West Madison,Chicago,IL 60661
REPRMNTAME: Sunny Vann,Vann Associates,LLC
P.O.Box 4827,Basalt,CO 81621
970/925-6958
317E OF AMENDMENT: The Hotel Jerome. 330 East Main Street,Lots A—>;and Lots O—
S,and the easterly 20 feet of Lot N and the easterly 170 feet of the
vacated alley all in Block 79,City and Townsite of Aspen, Pitkin
County,Colorado.
3ummARY: The applicant requests approval to reduce the approved net leasable commercial
area, increase the floor area allocated to "other" uses, and decrease the overall approved floor
area for the site. The proposal includes the following:
• Reduce the size of the spa,
• Relocate offices on the second floor to the basement,
• Convert the second floor offices to a fitness room,
• Convert the Century dining room to a hotel living room.
• Reconfigure 3 guest rooms to allow the creation of lodging suites without changing the
number of lodge units or the number the pillows previously approved in 2006.
BACKGROUND:
Pmoa To 2006
In 1986 the Amended and Restated PUD Plat(Book 518,Page 949)permitted 94 lodge rooms.
Varsoug land use approvals were granted to the Hotel Jerome prior to 2006. All of these
approvals were superseded by the PUD amendment in 2006 with the exception of a requirement
that 20 fuel time equivalents are housed in the Cortina Lodge.
2006
City Council approved Ordinance No. 42, Series of 2006 replacing the previous entitlements
with a new approval that permitted the enlargement of the Hotel's net leasable commercial area,
the reconfiguration and renovation of the Hotel's Main and Mill St ects courtyards, and the
elimination of a prior condition that a portion of the Hotel's parking garage be reserved for Hotel
employees. In addition, the renova don of the Cortina Lodge was approved to meet the Hotel's
employee housing mitigation requirements. Preservation of historic interior elements of the
Hotel and a designation application for the Cortina Lodge were also required.
`The amendment only changes clerical errors to the commerWal net leasable area to Table 1,"eunvat amendment,"
and the now commercial not leasable calculation related to affordable housing mitigation
Page 1 of 6
RECEPTION#: 588634, 04/27/2012 at
02:37:32 PM,
1 OF 6, R $36.00 Doc Code NOTICE
Janice K. Vos Caudill, Pitkin County, CO
The number of lodging units(94 keys)was not increased in 2006. The only aspect of the project
that generated housing mitigation was an increase to the net leasable commercial area. Using the
growth management benefit for the enlargement of historic landmarks, it was determined that
1.42 full time equivalents(FM)required mitigation. During the 2006 approvals, a total of 21
FTEs were calculated to be housed at the Cortina Lodge. Considering the prior requirement of
20 FTEs housed at the Cortina,a credit of I FIE was available. The 2006 approval permitted
the 1.42 FIE mitigation requirement to be fulfilled by housing 1 FI'E at the Cortina, thus
utilizing all 21 FTEs housed in the Cortina,and paying a cash in lieu fee for the remaining 0.42
FTE by averaging the cash in lieu payment for Category 2 and Category 3.
The vested rights for the 2006 approval expired on January 14,2010.
2008
In 2008 the Community Development Department approved an insubstantial amendment to
allow the conversion of an office space to a lodge unit without triggering the requirement to
mitigate for the 1.42 FrEs associated with the lodge expansion. At the time of the request there
were only 92 lodge units in the Hotel,thus granting an amendment to allow the conversion of
office to lodge was compliant with loth the 1986 and the 2006 approvals which allowed 94
lodge units.
2010
In 2010 the Community Development Department approved an insubstantial amendment to
bifurcate the entitlements to allow construction on the Cortina Lodge component prior to
beginning construction of the Hotel renovation. Phase i included the renovation, a designation
application, and deed restriction of Cortina Lodge units for affordable housing. Phase 11
included the renovation and enlargement of the Hotel Jerome component. It was determined that
Phase I did not trigger any impact fees; however Phase U will have impact fees assessed at the
time of building permit submittal for the Hotel component.
STAFF EVALUATION:
The proposed changes to the Hotel Jerome PUD meet the review criteria for an insubstantial
amendment,attached as Exhibit A.
Dimensional R,eg,iLre Mg: Staff supports the proposed internal changes to the project which
reduces the overall floor area, reduces the not leasable commercial area, and increases the
"other" floor area calculation for uses associated with the lodge use. The proposal does not
increase the total floor area approved in 2006 for the project. The reduction of commercial net
leasable area does not adversely affect the growth management allotments allocated in the 2006
approvals. The following calculations in Table 1 compare the approved 2006 dimensional
requirements to the proposed amendment. The"current amendment"column is calculated based
on the current 2011 Land Use Code:
Page 2 of 6
Table l:
2006 approval Current Notes
amendment
Reduction based on conversion of
Commercial 15,985 sq.ft. 13,838 sq.fl. Century Room to hotel living room
floor area and smaller spa in basement.
No change to lodge unit numbers or
Lodge units floor area. The slight decrease
floor area 59,214 sq. & 59,072 sq.fl. results from changes to how floor
area is calculated in the 2006 and
current Code.
Increase based on more back of
"ofher"floor house hotel functions, conversion
39,735 sq.fl. 40,823 sq_ft. of office to fitness room, and
area conversion of Century Room to
hotel living room.
Total floor 114,934 sq.& 113,733 sq.ft.
area
Reduction based on smaller spa and
smaller Century Room. The current
Commercial amendment calculations are based
net leasable 14,891 sq.L 14,734 sq.ft. on the 2011 net leasable area
area definition which is much more
inclusive regarding which elements
count towards net leasable area.
Staff supports the elimination of the requirement to use the 2006 floor area calculations listed in
Article 3,Part 1 of the PUD Agreement(Recordation#533928)to require future amendments be
subject to the Land Use Code in place at the time of application.
Affordable Housing: As described above,the affordable housing mitigation requirement of 1.42
FM approved in 2006 resulted only from an increase in the commercial not leasable component
of the project as described above. Due to the proposed reduction of the net leasable commercial
area proposed in this amendment,affordable housing generation is re-calculated below.
Mw following calculations are all based on the current regulatory requirements:
2 Caimh ted pa mmw to the ounwt 2011 land Uu Coda mquiromenta
Page 3 of 6
New commercial net leasable calculation:
Existing Hotel:
(1,412 sq.f3.basement+ 12,851 sq.ft.ground level)= 14,263 sq.ft of net leasable area3
Proposal:
(2,360 sq.R basement+ 12,374 sq.ft.ground level)=14,734 sq.fl.of net leasable area4
Amount of mew net leasable area.471 sq.ft
Fxn»loycc veneration calculation:
471 sq.ft.in basement @ 3.075 FM generated/1,000 sq.ft.net leasable=L45 FTEs
&&byes midg on calculation:
Bnlargema t of a historic landmark mitigates the first 4 employees generated at 09'.,the second
4 are mitigated at 309/e,and the remainder is mitigated at 6096.
First 4 employees are mitigated at ft and since 1.45 FM are generated there is no employee
mitigation requirement for the proposed expansion.
The 2006 approvals required 20 FTP.s to be housed at the Cortina Lodge to mitigate for the
lodging component of the Hotel pursuant to the 1986 approvals. The Cortina houses 21 FM,so
there is 1 FTE at the Cortina that is not used for mitigation purposes and can be used as a credit
for future mitigation requirements at the hotel.
DECISION:
The Community Development Director finds the Administrative Application for an
Insubstantial PUD Amendment as noted above and on Exhibit`A' to be consistent with the
review criteria (Exhibit A) and thereby, APPROVES the request with the following
conditions:
1. Prior to Building Permit submittal, amend the PUD Agreement (recordation
#533828) to reflect the changes to the dimensional requirements listed in Article 2,
Paragraph 2.2 of the Agreement, and the affordable housing mitigation
requirements listed in Article 3 Paragraph 3.3,described herein.
2. Prior to Building Permit submittal, amend the PUD Agreement to omit the
requirement that the project be reviewed pursuant to the 2006 Land Use Code
regarding floor area calculations and measurements, described in Article 3,
Paragraph 31 and attached as Exhibit A.
3. Prior to Building Permit submittal, update the Final PUD floor plans to reflect the
changes in floor area and commercial net leasable area calculations, and the
reconfiguration of spaces
3 The existing comnmr.41 net lessable area Is calculated based on the current 201 t Code requirements.
4 The amount of new cxramrereial net leasable is below the 2006 approved commercial Re leasable amount of
14,841 sq.ft.
Page 4 of 6
APPROVED BY:
Aq 49�1 2-1
V hris B Date
ommunity Development Director
ACCEPTED BY:
`
Id
r 31
Property LLC Date
Attachments:
Exhibit A: Review Criteria
Page 5 of 6
BXHIBIT A
Section 26A45.100 Amendment of PUD development order
A. PUD Insubstantial Amendments.
An insubstantial amendment to an approved development order for a final development
plan may be authorized by the Community Development Director. The following shall
not be considered an insubstantial amendment:
1. A change in the use or character of the development.
There Is no change In the use or character of the building.
2. An increase by greater than three percent(3%) in the overall coverage of structures on
the land.
77ne there is no Increase in coverage.
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
Trip generation and demand for public services will not be impacted by this amendment.
4. A reduction by greater than three percent(3%)of the approved open space.
There is no change to the open space. The bullaft envelope size and activity envelope
size does not change.
S. A reduction by greater than one percent(I%)of the off-street parking and loading spm.
There is no change in the parking4oading*me.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
There is no change in the ROW'S wh*hs,streets or easements
7. An increase of greater than two percent(2%)in the approved gross leasable floor area of
commercial buildings.
The approved net leasablefloor area of the commercial component Is re ced by 148 sq.
ft. or1X
8. An increase by greater than one percent(1%)in the approved residential density of the
development.
Wa.
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 change is consistent with the approved use and the site specific approval.
Page 6of6
RECEFI-OW: 587589, 03/20/2012 at
01:23: M,
1 OF 4, R $26.00 Doc Code APPROVAL
Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF APPROVAL
330 East Main Street, aka the Hotel Jerome
Parcel ID No. 2737-073-21-001:
APPLICANT: Jerome Property, LLC
540 West Madison, Chicago, IL 60661
REPRESENTATIVE: Sunny Vann,Vann Associates, LLC
P.O. Box 4827, Basalt, CO 81621
970/925-6958
SITE: The Hotel Jerome. 330 East Main Street, Lots A– I, and Lots O–
S, and the easterly 20 feet of Lot N and the easterly 170 feet of the
vacated alley all in Block 79, City and Townsite of Aspen, Pitkin
County, Colorado.
PURPOSE: Compliance with City Council Ordinance number 42 (Series of
2006), Section 12: Inventory and Treatment of Interior Features
SUMMARY: The PUD amendment approved via Ordinance number 42, series of 2006
(recordation # 533926) required the property owner to create an inventory of original historical
elements in public spaces of the Hotel Jerome and to indicate proposed treatment. Community
Development must review and approve, or identify changes, to the preservation approach for
these features. Section 12 of the Ordinance reads as follows:
The applicant is required to submit a written inventory of all original features existing
within those interior areas of the Hotel Jerome that are customarily open to the public, or
where the public is typically invited. This inventory must be accompanied by current
photographs and copies of any photographs of the interior of the Hotel Jerome available
from the Aspen Historical Society Archives.
The Historic Preservation Office will verify the completeness of the inventory. Any
overlooked elements that can be documented as original will be added to the list. Said
inventory shall identify proposed treatment of the items that are on the inventory. The
inventory shall be reviewed by the City's Historic Preservation Officer. To the extent
that there is a disagreement to the proposed treatment, the applicant may appeal to the
City Manager. The City Manager's decision in the matter shall be subject to an appeal
to the City Council as a de novo review.
Once the proposed treatment is agreed to by the City and the applicant, no changes shall
be allowed without the consent of the City's Historic Preservation Officer, subject to the
appeal provisions set forth above.
RECEPTION#: 588633, 04/27/2012 at Page I of 2
02:37:31 PM,
1 OF 49, R $251.00 Doc Code NOTICE
Janice K. Vos Caudill, Pitkin County, CO
A significant amount of documentation and findings were made in 2007, but sale of the hotel
prevented any remodeling work from moving forward. Rowland and Broughton re-submitted
the inventory and noted where the work proposed for 2012 complies with the 2007 discussion
and where the work is a departure from the 2007 discussion.
Staff finds the work included in the February 1, 2012 inventory chart, attached as Exhibit
A,to be appropriate with the following exceptions:
1. Entry #4 (floor tiles): The floor tiles in the lobby, adjacent to the check-in desk, are
historic and are required to remain as-is. This was the original staff finding and was
upheld through an appeal to the City Manager. Area rugs can be used, but the proposed
option to install a wood floor is not approved.
2. Atrium #5 (skylight ceilina): Glass can be re-installed in the lower atrium skylight.
Glass specs will be required before work goes forward.
3. Other 41 (.lobby fireplace and mirror): Removal/replacement of the fireplace in the main
lobby is not approved. This is considered a historic feature that was introduced during
the Paepcke remodel.
APPROVED B'Y- , s
Amy ut Da e
Historic Preservation Officer
ACCEPTED BY:
rome Property LLC Date
ATTACHMENTS
Exhibit A: Hotel Jerome historic inventory chart dated February 1, 2012.
Page 2 of 2
EXHIBIT
HOTEL JEROME a
reblWary 2012
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List of Historically Significant Items-Interior Hotel Jerome
Number Desc rip tron Adowed per PUD(NAerch,2007) Current Pliin Comments
J Bar g1 Front&Back Bar To remain as they are with refurbishment as needed. To remain as they are with refurbishment as needed. Original to the building,but relocated in 1946.
Ceiling is a replica according to historic photographs&previous
1 Bar N2 Pressed Tin Ceiling, To remain in the central section of the room,with refurbishment as needed. To remain with refurbishment as needed. contractor.
1 Bar g3 Oil Lamps(now electric) To remain as they are. To remain as they are. Previously located in alcoves,not windows.
Basis for determination is that there is no evidence that this is NOT
J Bar g4 Opening to Lobby Opening to remain in place,removal not approved. Opening to remain In place. original.However early Sanborn maps show a solid wall.
Basis for determination is that there is no evidence that this is NOT
original. However early Sanborn maps show a solid wall. HPC notes
1 Bar q5 Door to Lobby To remain in place To remain in place. that the door matches the J-Bar entry door.
(2)at the entry vestibule shall remain In place.The remaining(4)to be relocated to the restaurant (2)at the entry vestibule shall remain In place.The remaining(4)to remain in place or be relocated
Entry#1 Stea_m Radiators corridor.Radiators to remain in historic portion of the hotel. to a location TBD within the historic section of the building.
To remain in place. Existing stone top to be replaced to'Ideally replicate'the original materials& To remain in place.If replaced,the existing stone top will ideally replicate the original materials&
design.No alteration to the shape of the top is allowed.The northern most side panel may be design.No alteration to the shap will be made.The southern panel will remain and be refurbished
Front Desk replaced,but the southern most panel is historic and must remain. as necessary.
Entry A2A Room Key Boxes_ The key box is not approved to be relocated or altered. The key box will not be relocated or altered. It may be refurbished as necessary.
To remain pending code determination.The current cab size is does not comply with code. New Elevator was entirely replaced in 1985,not historic.Verify condition
Entry 113 Elevator To remain but with new elevator doors and new interior. doors and interior will be installed. of the machinery,shaft,&doors.
Floor tiles In the entry are scheduled to remain.They may be covered with area rugs. Interior
designers have requested permission to explore options to install a wood floor and re-use the Blue tiles are cobalt copper and not reproducible. HPC contends
Entry H4 Floor Tiles Retain the entire tile floor in the lobby is required.Sealers should be investigated. existing cobalt copper tiles as a decorative focal point. that the pattern in historical and should remain.
Atrium gl Interior Columns To remain as is or be restored back to their original appearance. May restore to their original appearance of black(or very dark color)with white caps at the ceiling. They are currently painted faux marble?
Stairs,newel posts, All are scheduled to remain as is,with refurbishment as needed.The railings are not code The railings are not code compliant.Leaving them was approved in
Atrium g2 ballusters. To remain as is,with refurbishment as needed. compliant,and will require approval to remain in place. 1985,will be subject to Building Dept review.
To remain as is.The clock may be moved as required for the revised layout,but will remain as close
Atrium#3 Lobby Clock To remain as is,but be moved a few feet to center in new wall. to its original location as possible. Original to the hotel.
Atrium#4 Room Call Paging Device To remain as is. _ _ _ To remain as is,_ Original to the hotel.
Original skylight framing is to remain in place.The upper skylight glass may only to accommodate
Removal of the skylight framing is not approved.Replacement of glass maybe approved with performance specifications and assure that it is watertight.Code consultants have advised that the
Atrium p5 Skylight Ceiling _ submittal of glass specifications. lower(original)skylight framing may require that glass be installed to provide fire separation. The original skylight ceiling was removed in 1985.
HPC notes in item E-4 that only tile in the entry is original.The
Atrium g6 Floor Tiles Removal of floor tile is allowed in the Atrium lobby. TBD. concern elsewhere seems to be maintaining the pattern.
Jacob's g1 Dining Room Chandeliers Relocation of these chandeliers within the public areas on the ground floor of the hotel is approved. Chandeliers in both rooms are scheduled to be removed,retained and stored. The chandeliers are from the Paepke era,not original.
To remain in its current position.The size of the room may be reduced,but the design is scheduled
to remain intact.The pressed tin ceiling may be removed to allow for repairs above,and will be
Li ! Pressed Tin Ceiling Remove tiles to repair leaks(piping?)above,add HVAC/Lighting,and renting. rehung. Ceiling is a replica,not original.
The door opening is scheduled to remain in place.The door will likely remain as well,but may be
Library g2 Library/Lobby Door The existing door openings into the Library and Front Desk must be retained. replaced.
Not original but brought in from the Palmer House Hotel by
Other g1 Lobby Fireplace&Mirror To remain as is,with refurbishment as needed. Possibly relocate to accommodate a grand,double sided fireplace. Paepcke.
Century Room Fireplace& Not original but brought in from the Palmer House Hotel by
Other g2 Mirror Relocation of the fireplace and mirror to the Antler Bar is approved. Possibly relocate to accommodate a grand,double sided fireplace. Paepcke.
We have not been able to locate the referenced list.No furniture is known to be original.Furniture Dates of all pieces are unknown.Known antiques were brought to
Furniture q1 Furniture All items to be re-used as noted in attached list. may be reused as desired. the site in 1985,but not original.
Furniture g2 Mining Maps May be removed entirely May be replaced or reused as desired. Not original.
persono fhoteLsi�l�( � •
HPC Resolutions-Exterior Hotel Jerome
Description Planned Use Development Current Plan Comments
All replacement windows on the ground floor must be of wood. Upper floor windows are permitted to
be clad. Cut sheets must be submitted for review and approval by HPC staff and monitor. If there are
any historic windows left on the building they must be repaired and preserved.Tinted glass is not Replace upper windows. Will be wood framed,function exactly as they currently do. The glass spec shall
approved for any of the window units. Detailed drawings of th window openings proposed to be be clear,1"insulated,low e. Lower(storefront)windows do not need to be replaced unless required for
restored at the sidewalk level on the east facade must be reviewed and approved by HPC staff and performance standards(impact resistance?). Frames to be repainted to match above. Any new doors
Window Replacement monitor. need to be styled to match existing. Entry doors are to be refurbished but not replaced.
Awnings are only approved for the J-Bar and'Jerome Shop'(Library)spaces. Require approval of HPC
to more closely match historic awnings. Must be retractable&removable. Upper awnings must be
Awnings mocked for approval/denial. No awnings will be installed.
Signage HPC will review the proposed signage. Signage will remain as existing
Balcony Railings Metal balcony railings on the exterior of the building must be mocked up for approval/denial of HPC. New railings will not be installed.
No new column features or materials that are inconsistent with the design of the original columns may
Columns be added. Building columns will not be altered.
Final Lighting Plan is to be reviewed and approved by HPC. Any added fixtures,particularly sconces,are Site lighting in the plaza will require adjustment for renovations. The building is fairly well lit and should
Site Lighting to match the original period. HPC supports a design competition for the entry pendant lamp. remain as it currently. Re-lamping to match energy-&exterior lighting standards may be needed.
Historic materials must be repaired in place. Should the parapet require reconstruction,it should be
based on documented evidence and photographs of the original appearance. Specific guidelines for Only necessary repairs will be performed. All must be documented as necessary. Proceedures must meet
Mo.,.inry Repairs repair must be followed. guidelines for both local and federal standards.
The masonry walls need to be analyzed to better understand the impact of sealing the walls. Should it be
deemed to have no negative effect,the process for sealing must be approved and meet both local and
Masonry Cleaning/Sealing Cleaning,repointing,application of sealer,etc will require futher information and approval by HPC, federal standards.
Sidewalk Treatment Sidewalk tretament must be reviewed and approved by HPC No decorative elements will be installed in the sidewalk.
There should not be any unforeseen conditions on the exterior of the building. No deviations should
Deviations Must be approved by HPC occur.
The canopy may be painted to match cornices and window frames only. No reconstruction or alteration
Canopy Silent will occur.
Cornices Silent The cornices will be repainted to match any revised color scheme of the hotel.
Owner shall record a coneptual landscap plan as a part of the Final PUD Development Plan(submitted)
and a Final Landscape Plan for review and approval by the City Parks Department and HPC prior to
issuance of a building permit. Owner shall be responsible for implementing the plan,which plans shall The current plaza landscaping is not original to the building. The previously submitted Conceptual Plan
Site Work be accomplished as subdivision improvements in accordance with this agreement. was very elaborate. Future efforts will be less than previously planned.
Ea e r s C-)F"i a h a t.,e<.s
List of Historically Significant Items-Interior Hotel JPromr
Number Description Allowed per PUD 2007) Current Plan Comments
1 Bar 41 Front&Back Bar To remain as they are with refurbishment as needed. To remain as they are with refurbishment as needed. Original to the building,but relocated in 1946.
Ceiling is a replica according to historic photographs&previous
1 Bar#2 Pressed Tin Ceiling To remain in the central section of the room,with refurbishment as needed. To remain with refurbishment as needed. contractor.
I Bar#3 Oil Lamps(now electric) To remain as they are. To remain as they are. Previously located in alcoves,not windows.
Basis for determination is that there is no evidence that this is NOT
1 Bar#4 Opening to Lobby Opening to remain in place,removal not approved. Opening to remain in place. original.However early Sanborn maps show a solid wall.
Basis for determination is that there is no evidence that this is NOT
original.However early Sanborn maps show a solid wall.HPC notes
1 Bar#5 Door to Lobby To remain in place To remain in place. that the door matches the J-Bar entry door.
(2)at the entry vestibule shall remain in place.The remaining(4)to be relocated to the restaurant (2)at the entry vestibule shall remain in place.The remaining(4)to remain in place or be relocated
Entry#1 Steam Radiators corridor.Radiators to remain in historic portion of the hotel. to a location TBD within the historic section of the building.
To remain in place.Existing stone top to be replaced to'ideally replicate'the original materials& To remain in place.If replaced,the existing stone top will ideally replicate the original materials&
design.No alteration to the shape of the top is allowed.The northern most side panel may be design.No alteration to the shap will be made.The southern panel will remain and be refurbished
Entry#2 Front Desk replaced,but the southern most panel is historic and must remain, --y.-
Entry#2A Room Key Boxes The key box is not approved to be relocated or altered. The key box will not be relocated or altered.It may be refurbished as necessary.
To remain pending code determination.The current cab size is does not comply with code.New Elevator was entirely replaced in 1985,not historic.Verify condition
Entry#3 Elevator To remain but with new elevator doors and new interior. doors and interior will be installed. of the machinery,shaft,&doors.
Floor tiles in the entry are scheduled to remain.They may be covered with area rugs.Interior
designers have requested permission to explore options to install a wood floor and re-use the Blue tiles are cobalt copper and not reproducible. HPC contends
Entry#4 Floor Tiles Retain the entire tile floor in the lobby is required.Sealers should be investigated. existing cobalt copper tiles as a decorative focal point. I that the pattern in historical and should remain.
Atrium 41 Interior Columns To remain as is or be restored back to their original appearance. May restore to their original appearance of black(or very dark color)with white caps at the ceiling. They are currently painted faux marble?
Stairs,newel posts, All are scheduled to remain as is,with refurbishment as needed.The railings are not code The railings are not code compliant.Leaving them was approved in
Atrium#2 ballusters. To remain as is,with refurbishment as needed. compliant,and will require approval to remain in place. 1985,will be subject to Building Dept review.
To remain as is.The clock may be moved as required for the revised layout,but will remain as close
Atrium#3 Lobby Clock To remain as is,but be moved a few feet to center in new wall, to its original location as possible. Original to the hotel.
Atrium#4 Room Call Paging Device To remain as is. To remain as is. Original to the hotel.
Original skylight framing is to remain in place.The upper skylight glass may only to accommodate
Removal of the skylight framing is not approved. Replacement of glass may be approved with performance specifications and assure that it is water tight.Code consultants have advised that the
Atrium#5 Skylight Ceiling submittal of glass specifications. lower(original)skylight framing may require that glass be installed to provide fire separation. The original skylight ceiling was removed in 1985.
HPC notes in item E-4 that only tile in the entry is original.The
Atrium#6 Floor Tiles Removal of floor the is allowed in the Atrium Lobby. TBD. concern elsewhere seems to be maintaining the pattern.
Jacob's#1 Dining Room Chandeliers Relocation of these chandeliers within the public areas on the ground floor of the hotel Is approved.Chandeliers in both rooms are scheduled to be removed,retained and stored. The chandeliers are from the Paepke era,not original.
To remain in its current position.The size of the room may be reduced,but the design is scheduled
to remain intact.The pressed tin ceiling may be removed to allow for repairs above,and will be
Library#1 Pressed Tin Ceiling Remove tiles to repair leaks(piping?)above,add HVAC/Lighting,and rehung. rehung. Ceiling is a replica,not original.
The door opening is scheduled to remain in place.The door will likely remain as well,but may be
Library#2 Library/Lobby Door The existing door openings into the Library and Front Desk must be retained. replaced.
Not original but brought in from the Palmer House Hotel by
Other#1 Lobby Fireplace&Mirror To remain as is,with refurbishment as needed. Possibly relocate to accommodate a grand,double sided fireplace. Paepcke.
Century Room Fireplace& Not original but brought in from the Palmer House Hotel by
Other#2 Mirror Relocation of the fireplace and mirror to the Antler Bar is approved. Possibly relocate to accommodate a grand,double sided fireplace. Paepcke.
We have not been able to locate the referenced list.No furniture is known to be original.Furniture Dates of all pieces are unknown.Known antiques were brought to
Furniture#1 Furniture All items to be re-used as noted in attached list. may be reused as desired. the site in 1985,but not original.
Furniture#2 Mining Maps May be removed entirely May be replaced or reused as desired. Not original.
persona IhoteLs
HPC Resolutions-Exterior Hotel Jerome
Description Planned Use Development Current Plan Comments
All replacement windows on the ground floor must be of wood. Upper floor windows are permitted to
be clad. Cut sheets must be submitted for review and approval by HPC staff and monitor. If there are `
any historic windows left on the building they must be repaired and preserved. Tinted glass is not Replace upper windows.WIII be wood framed,function exactly as they currently do. The glass spec shall
approved for any of the window units. Detailed drawings of th window openings proposed to be be clear,V insulated,low e. Lower(storefront)windows do not need to be replaced unless required for
restored at the sidewalk level on the east facade must be reviewed and approved by HPC staff and performance standards(impact resistance?). Frames to be repainted to match above. Any new doors
Window Replacement monitor. need to be styled to match existing. Entry doors are to be refurbished but not replaced.
Awnings are only approved for the 1-Bar and'Jerome Shop'(Library)spaces. Require approval of HPC
to more closely match historic awnings. Must be retractable&removable. Upper awnings must be
Awnings mocked for approval/denial. No awnings will be installed.
Signage HPC will review the proposed signage. Signage will remain as existing
Balcony Railings Metal balcony railings on the exterior of the building must be mocked up for approval/denial of HPC. New railings will not be installed.
No new column features or materials that are inconsistent with the design of the original columns may
Columns be added. Building columns will not be altered.
Final Lighting Plan Is to be reviewed and approved by HPC. Any added fixtures,particularly sconces,are Site lighting in the plaza will require adjustment for renovations. The building is fairly well lit and should
Site Lighting to match the original period. HPC supports a design competition for the entry pendant lamp. remain as it currently. Re-lamping to match energy&exterior lighting standards may be needed.
Historic materials must be repaired in place. Should the parapet require reconstruction,it should be
based on documented evidence and photographs of the original appearance. Specific guidelines for Only necessary repairs will be performed.All must be documented as necessary. Proceedures must meet
Masonry Repairs repair must be followed. guidelines for both local and federal standards.
The masonry walls need to be analyzed to better understand the impact of sealing the walls. Should it be
deemed to have no negative effect,the process for sealing must be approved and meet both local and
Masonry Cleaning/Sealing Cleaning,repointing,application of sealer,etc will require futher information and approval by HPC. federal standards.
Sidewalk Treatment Sidewalk tretament must be reviewed and approved by HPC No decorative elements will be installed in the sidewalk.
There should not be any unforeseen conditions on the exterior of the building. No deviations should
Deviations Must be approved by HPC occur.
The canopy may be painted to match cornices and window frames only. No reconstruction or alteration
Canopy Silent will occur.
Cornices Silent The cornices will be repainted to match any revised color scheme of the hotel.
Owner shall record a coneptual landscap plan as a part of the Final PUD Development Plan(submitted)
and a Final Landscape Plan for review and approval by the City Parks Department and HPC prior to
issuance of a building permit. Owner shall be responsible for implementing the plan,which plans shall The current plaza landscaping is not original to the building. The previously submitted Conceptual Plan
Site Work be accomplished as subdivision improvements In accordance with this agreement. was very elaborate. Future efforts will be less than previously planned.
J Bar # 1 - Bar Front and Back
INVENTORY# 2007 APPROVED PUD CURRENT RENOVATION PLAN
1 Bar#1-Bar To remain as they are with refur- To remain as they are with refurbishment as needed.
Front and Back bishment as needed.
Additional Comments: Bar is original to the building,but was relocated in 1946 to it's current location.
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architecture and urbon design
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J Bar #2 - Pressed Tin Ceiling
INVENTORY# 2007 APPROVED PUD CURRENT RENOVATION PLAN
J Bar#2-Pressed To remain in the central section of To remain as is with refurbishment as needed.
Tin Ceiling the room,with refurbishment as
needed. According to historic pho-
tographs,and the previous con-
tractor,the ceiling is a replica.
Retaining and refurbishing is ap-
proved.
Additional Comments: N/A
Fo rland+broughton
architecture and urban design
www.rowlandar0LJghtonxorT1
J Bar #3 - Coil Lamps
INVENTORY# 2007 APPROVED PUD CURRENT RENOVATION PLAN
J Bar#3—Oil To remain as they are. To remain as they are.
Lamps
Additional Comments:The lights were previously relocated in front of the windows from the original location in alcove.
rowiand+brou hton
architecture and urban de sityn
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J Bar #4 — Opening to J Bar Sitting Room
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1 Bar#4-Open- Opening to remain in place,remov- Opening to remain in place.
ing to Lobby al not approved. (3/7/07 Steve
Barwick final decision)
Additional Comments: N/A
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architecture and urban design
www.rowlandbroughton.cofn
J Bar #5 — Door to Lobby (from J Bar)
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1 Bar#S-Door to To remain in place. (3/7/07 Steve To remain in place.
Lobby Barwick final decision)
Additional Comments: N/A
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The bar lounge area of the Hotel Jerome after restoration, c. 1946-47
(It was the sitting area off the lobby;the photo shows oil lamps and what appears to be the
current door to lobby on the left)
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Entry #1 — Steam Radiators (East entry)
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Entry#1-Steam Two(2)at the entry vestibule shall Two(2)at the entry vestibule shall remain in place-
Radiators remain in place-the remaining the remaining four(4)to remain in place or be relo-
four(4)to be relocated to the res- cated to a location TBD within the historic section of
taurant corridor,with refurbish- the building.
ment as needed. Radiators to re-
main within the historic portion of
the hotel.
Additional Comments: N/A
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architecture and urban tip.=sign
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Entry #1 — Steam Radiators (West entry)
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Entry #1 — Steam Radiators (Near Front Desk)
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Entry #2 - Front Desk (North side panel)
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Entry#2-Front To remain in place-if the existing To remain in place-existing stone top is not anticipated
Desk stone top is to be replaced it is to to be replaced.
'ideally replicate'the original ma-
terials&design- no alteration to
shape of top is allowed-the north-
ern most side panel may be re-
placed, but the southern most pan-
el is historic and must remain.
(3/7/07 Steve Barwick final deci-
sion)
Additional Comments:N/A
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Entry #2 - Front Desk (South side panel)
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Entry #2 - Front Desk
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Entry #2A - Room Key Boxes
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Entry#2A— The key box is not approved to be To remain in place.
Room Key Boxes relocated or altered. (3/7/07 Steve
Barwick final decision)
Additional Comments: N/A
rowrland+broughton
architecture and urban design
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Entry #3 - Elevator
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INVENTORY# APPROVED 2007 PUD RENOVATION PLAN
Entry#3 - To remain but with new elevator To remain pending code determination-new interi-
Elevator doors and new interior. or to be installed.
Additional Comments:The previous contractor has indicated that the elevator was entirely replaced in the
1980's.
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Entry #3 - Elevator
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Entry #4 - Floor TileS
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Entry#4—Floor Retain the entire tile floor(with Floor tiles in the entry are to remain-they may be cov-
Tiles necessary refurbishment)in the ered with area rugs.
lobby is required. Sealers should
be investigated.(3/7/07 Steve Bar-
wick final decision)
Additional Comments:The tile in the lobby area contains significant amount of original tiles and was re-installed
during the 1980's remodel with the original decorative border pattern in order to preserve as much of the original
the floor and design as possible.
rowland+ roughton
architecture and urban design
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Entry — Historic Images
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(Photo taken from front entry)
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Entry — Historic Images
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architecture and urban design
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Entr — Historic Im ages
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(Photograph ta ken from reception desk prior to renovation)
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(Photograph taken from entry following the renovation)
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architecture and urban design
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Atrium #1 - Interior Column
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Atrium#1 -Inte- To remain as is or be restored to May restore to their original appearance of black(or
rior Column their original appearance. very dark color)with white caps at the ceiling.
Additional Comments:These are cast iron and original to the structure. They were originally painted black(or a
very dark color),then top half was painted white(or very light). The top leaf parts are the only original decorative
elements.
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architecture and urban(if sign
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Atrium #2 - Stairs, Newel posts, Balusters
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Atrium#2— To remain as is,with refurbish- To remain as is,with refurbishment as needed
Stairs,newel ment as needed
Posts,balusters
Additional Comments:Stair is in original conditions with no alterations to the original detailing.
rowland+ roughton
architecture and urban design
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Atrium #3 - Lobby Clock
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Atrium#3 -Lob- To remain as is,but be moved a To remain as is, but be moved as required for the re-
by Clock few feet to center of new wall. vised layout.
Additional Comments:Original to the hotel in close to original location; has been moved as part of past renova-
tions.
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architecture and urban design
www.rowlandbroughton.corn
Atrium #4 - Room Call Paging Device
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Atrium#4 - To remain as is. To remain as is.
Room Call Paging
Device
Additional Comments: Original to hotel, but in a different location.
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architecture and urban design
www.rowlandbr oughton.COrn
Atrium #5 - Skylight Ceiling
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Atrium#5-Sky- Removal of the skylight framing is Original skylight framing is to remain in place- re-
light Ceiling not approved-replacement of place the upper skylight glass only to accommodate
glass may be approved with sub- performance specifications and assure that it is
mittal of glass specifications. water tight.
Additional Comments:Original skylight ceiling was removed in 1985 renovation,with only the framework left
in place.
rowland+ roughton
architecture and urban design
www,rowlaridbroughton.corn
Atrium #6 - Floor tiles
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Atrium#6 -Floor Removal of floor file is allowed in TBD
tiles the Atrium Lobby. (3/7/07 Steve
Barwick final decision)
Additional Comments: N/A
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row and+'broughton
architecture and urban design
www.rowland broughton.corn
Jacobs #1 - Dining Room Chandeliers
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Jacobs#1— Relocation of these chandeliers Chandeliers in both rooms are to be retained and stored.
Dining Room within the public areas on the
Chandeliers ground floor of the hotel is ap-
proved.(3/7/07 Steve Barwick final
decision)
Additional Comments: N/A
rowland+broughton
architecture and urban design
www.rowlandbroughton.com
Library #1 - Pressed Tin Ceiling
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Library#1— The ceiling appears to be a replica- To remain in its current position and condition.
Pressed Tin Ceil- lion of the original. The tin ceiling
ing must be retained and sensitively
treated in terms of lighting and
H VAC.
Additional Comments:Ceiling needs some repair.
rovwfand+broughton
architecture and urban design
www.rowlandbroughton.corn
Library #2 - Library/ Lobby Door
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Library#2— The existing door openings into the The opening is to remain.
Library/Lobby Library and Front Desk must be
Door retained.
Additional Comments:The previous contractor has indicated that these door openings are original,but the doors
and trim are replicas from the 1980's. There is no need from a historic preservation point of view to salvage the
door panels for re-use in another location.
rowlancl+ roughton
architecture and urban design
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Other #1 - Lobby Fireplace and Mirror
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Other#1—Lobby To remain as is,with refurbish- Possibly relocate to accommodate a more grand fireplace.
Fireplace and ment as needed.
Mirror
Additional Comments: Not original but installed during the Paepcke remodel in 1946. They were brought from the Palmer
House Hotel in Chicago by Elizabeth Paepcke.
,ow Iand+h,rough ton
ar-chitecture and urban df'Sign
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Other #2 - Century Room Fireplace and Mirror
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Other#2— Relocation of the fireplace and Possibly relocate to accommodate a more grand fire-
Century Room mirror to the Antler Bar is ap- place.
Fireplace and proved. (3/7/07 Steve Barwick
Mirror final decision)
Additional Comments:These items were added during the Paepcke remodel in 1946.
rowfand+ roughton
architecture and urban design
www.row I a rid b ro u g hto n.corn
Furniture $I - Furniture
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INVENTORY# APPROVED o PUD CURRENT RENOV t oN PLAN
Furniture#1— All items mb re-used a noted in Furniture may k reused&desired.
Furniture attached list.
Additional Comments:We have no been k@ to locate the"attached l&z Dates¥A pieces are unknown-
known antiques were brought to the site in Sss but not original.
row|and+broughton
orchitecture and urban desig n
wwumd«dbmm« :m
Furniture #2 - Mining Maps
INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Furniture#2— May be removed entirely. May be replaced or reused as desired.
Mining Maps
Additional Comments: Not original.
rowland+ roughton
architecture and urban design
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Furniture #3 - Bulletin Board
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INVENTORY# APPROVED 2007 PUD CURRENT RENOVATION PLAN
Furniture#3— Plan for item requested. To be stored and relocated.Location to be deter-
Bulletin Board mined.
Additional Comments:Can be seen in the 1940's era photograph in the lobby.
rowland+broughton
architecture and urban deign
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P' 587590, 03/20/2012 at
01,43:51 PM,
1 OF 5, R $31.00 Doc Code APPROVAL
NOTICE OF APPRO'. ,,,_,'tanice K.Vos Caudill, Pitkin County, CO
For an Insubstantial PUD Amendment to
330 East Main Street, aka the Hotel Jerome
Parcel ID No. 2737-073-21-001:
APPLICANT: Jerome Property, LLC
540 West Madison, Chicago, IL 60661
REPRESENTATIVE: Sunny Vann, Vann Associates, LLC
P.O. Box 4827, Basalt, CO 81621
970/925-6958
SITE OF AMENDMENT: The Hotel Jerome. 330 East Main Street, Lots A — I, and Lots O—
S, and the easterly 20 feet of Lot N and the easterly 170 feet of the
vacated alley all in Block 79, City and Townsite of Aspen, Pitkin
County, Colorado.
SUMMARY: The applicant requests approval to reduce the approved net leasable commercial
area, increase the floor area allocated to "other" uses, and decrease the overall approved floor
area for the site. The proposal includes the following:
• Reduce the size of the spa,
• Relocate offices on the second floor to the basement,
• Convert the second floor offices to a fitness room,
• Convert the Century dining room to a hotel living room.
• Reconfigure 3 guest rooms to allow the creation of lodging suites without changing the
number of lodge units or the number the pillows previously approved in 2006.
BACKGROUND:
PRIOR To 2006
In 1986 the Amended and Restated PUD Plat (Book 518, Page 949) permitted 94 lodge rooms.
Various land use approvals were granted to the Hotel Jerome prior to 2006. All of these
approvals were superseded by the PUD amendment in 2006 with the exception of a requirement
that 20 full time equivalents are housed in the Cortina Lodge.
2006
City Council approved Ordinance No. 42, Series of 2006 replacing the previous entitlements
with a new approval that permitted the enlargement of the Hotel's net leasable commercial area,
the reconfiguration and renovation of the Hotel's Main and Mill Streets courtyards, and the
elimination of a prior condition that a portion of the Hotel's parking garage be reserved for Hotel
employees. In addition, the renovation of the Cortina Lodge was approved to meet the Hotel's
employee housing mitigation requirements. Preservation of historic interior elements of the
Hotel and a designation application for the Cortina Lodge were also required.
The number of lodging units (94 keys) was not increased in 2006. The only aspect of the project
that generated housing mitigation was an increase to the net leasable commercial area. Using the
growth management benefit for the enlargement of historic landmarks, it was determined that
1.42 full time equivalents (FTEs) required mitigation. During the 2006 approvals, a total of 21
Page I of 5
FTEs were calculated to be housed at the Cortina Lodge. Considering the prior requirement of
20 FTEs housed at the Cortina, a credit of 1 FTE was available. The 2006 approval permitted
the 1.42 FTE mitigation requirement to be fulfilled by housing 1 FTE at the Cortina, thus
utilizing all 21 FTEs housed in the Cortina, and paying a cash in lieu fee for the remaining 0.42
FTE by averaging the cash in lieu payment for Category 2 and Category 3.
The vested rights for the 2006 approval expired on January 14, 2010.
2008
In 2008 the Community Development Department approved an insubstantial amendment to
allow the conversion of an office space to a lodge unit without triggering the requirement to
mitigate for the 1.42 FTEs associated with the lodge expansion. At the time of the request there
were only 92 lodge units in the Hotel, thus granting an amendment to allow the conversion of
office to lodge was compliant with both the 1986 and the 2006 approvals which allowed 94
lodge units.
2010
In 2010 the Community Development Department approved an insubstantial amendment to
bifurcate the entitlements to allow construction on the Cortina Lodge component prior to
beginning construction of the Hotel renovation. Phase I included the renovation, a designation
application, and deed restriction of Cortina Lodge units for affordable housing. Phase II
included the renovation and enlargement of the Hotel Jerome component. It was determined that
Phase I did not trigger any impact fees; however Phase 11 will have impact fees assessed at the
time of building permit submittal for the Hotel component.
STAFF EVALUATION:
The proposed changes to the Hotel Jerome PUD meet the review criteria for an insubstantial
amendment, attached as Exhibit A.
Dimensional Requirements: Staff supports the proposed internal changes to the project which
reduces the overall floor area, reduces the net leasable commercial area, and increases the
"other" floor area calculation for uses associated with the lodge use. The proposal does not
increase the total floor area approved in 2006 for the project. The reduction of commercial net
leasable area does not adversely affect the growth management allotments allocated in the 2006
approvals. The following calculations in Table 1 compare the approved 2006 dimensional
requirements to the proposed amendment. The "current amendment" column is calculated based
on the current 2011 Land Use Code:
Page 2 of 5
Table 1:
2006 approval Current t Notes
amendment
Reduction based on conversion of
Commercial 15,985 sq. ft. 13,838 sq. ft. Century Room to hotel living room
floor area and smaller spa in basement.
No change to lodge unit numbers or
Lodge units floor area. The slight decrease
floor area 59,214 sq. ft. 59,072 sq. ft. results from changes to how floor
area is calculated in the 2006 and
current Code.
Increase based on more back of
house hotel functions, conversion
"other"floor 39,735 sq. ft. 40,823 sq. ft. of office to fitness room, and
area conversion of Century Room to
hotel living room.
Total floor 114,934 sq. ft. 113,733 sq. ft.
area
Reduction based on smaller spa and
smaller Century Room. The current
Commercial amendment calculations are based
net leasable 14,891 sq. ft. 14,743 sq. ft. on the 2011 net leasable area
area definition which is much more
inclusive regarding which elements
count towards net leasable area.
Staff supports the elimination of the requirement to use the 2006 floor area calculations listed in
Article 3, Part 1 of the PUD Agreement(Recordation# 533928)to require future amendments be
subject to the Land Use Code in place at the time of application.
Affordable Housing: As described above, the affordable housing mitigation requirement of 1.42
FTEs approved in 2006 resulted only from an increase in the commercial net leasable component
of the project as described above. Due to the proposed reduction of the net leasable commercial
area proposed in this amendment, affordable housing generation is re-calculated below.
The following calculations are all based on the current regulatory requirements:
New commercial net leasable calculation:
Existing Hotel:
(1,412 sq. ft. basement+ 12,851 sq. ft. ground level)= 14,263 sq. ft. of net leasable area
Proposal:
(2,360 sq. ft. basement+ 12,374 sq. ft. ground level) = 14,735 sq. ft. of net leasable area
3
Amount of new net leasable area: 471 sq.ft.
Employee generation calculation:
471 sq. ft. in basement @ 3.075 FTEs generated/1,000 sq. ft. net leasable = 1.45 FTEs
'Calculated pursuant to the current 2011 Land Use Code requirements.
2 The existing commercial net leasable area is calculated based on the current"2011 Code requirements.
3 The amount of new commercial net leasable is below the 2006 approved commercial net leasable amount of
14,891 sq.ft.
Page 3 of 5
Employee mitigation calculation:
Enlargement of a historic landmark mitigates the first 4 employees generated at 0%, the second
4 are mitigated at 30%, and the remainder is mitigated at 60%.
First 4 employees are mitigated at 0%, and since 1.45 FTEs are generated there is no employee
mitigation requirement for the proposed expansion.
The 2006 approvals required 20 FTEs to be housed at the Cortina Lodge to mitigate for the
lodging component of the Hotel pursuant to the 1986 approvals. The Cortina houses 21 FTEs, so
there is 1 FTE at the Cortina that is not used for mitigation purposes and can be used as a credit
for future mitigation requirements at the hotel.
DECISION:
The Community Development Director finds the Administrative Application for an
Insubstantial PUD Amendment as noted above and on Exhibit `A' to be consistent with the
review criteria (Exhibit A) and thereby, APPROVES the request with the following
conditions:
1. Prior to Building Permit submittal, amend the PUD Agreement (recordation
#533928) to reflect the changes to the dimensional requirements listed in Article 2,
Paragraph 2.2 of the Agreement, and the affordable housing mitigation
requirements listed in Article 3 Paragraph 3.3,described herein.
2. Prior to Building Permit submittal, amend the PUD Agreement to omit the
requirement that the project be reviewed pursuant to the 2006 Land Use Code
regarding floor area calculations and measurements, described in Article 3,
Paragraph 3.1 and attached as Exhibit A.
3. Prior to Building Permit submittal, update the Final PUD floor plans to reflect the
changes in floor area and commercial net leasable area calculations, and the
reconfiguration of spaces
APPRO E BY:
Chris endon, Date
Community Development Director
ACCEPTED BY:
3 ome Property LLC Date
Attachments:
Exhibit A: Review Criteria
Page 4 of 5
EXHIBIT A
Section 26.445.100 Amendment of PUD development order
A. PUD Insubstantial Amendments.
An insubstantial amendment to an approved development order for a final development
plan may be authorized by the Community Development Director. The following shall
not be considered an insubstantial amendment:
1. A change in the use or character of the development.
There is no change in the use or character of the building.
2. An increase by greater than three percent (3%) in the overall coverage of structures on
the land.
The there is no increase in coverage.
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
Trip generation and demand for public services will not be impacted by this amendment.
4. A reduction by greater than three percent(3%)of the approved open space.
There is no change to the open space. The building envelope size and activity envelope
size does not change.
5. A reduction by greater than one percent(1%)of the off-street parking and loading space.
There is no change in the parking/loading space.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
There is no change in the ROW'S widths, streets or easements.
7. An increase of greater than two percent(2%) in the approved gross leasable floor area of
commercial buildings.
The approved net leasable floor area of the commercial component is reduced by 148 sq.
ft. or 1 %.
8. An increase by greater than one percent(I%) in the approved residential density of the
development.
n/a.
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 change is consistent with the approved use and the site specific approval.
Page 5 of 5
VANN ASSOCIATES, LLC
Planning Consultants RFUIVED
February 1, 2012 Ft_B 0 2 2012
CITY tit- ASPEN
HAND DELIVERED COMMUNITY DEVELOPMENT
Mr. Chris Bendon, Director
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Hotel Jerome Insubstantial PUD Amendment
Dear Chris:
Please consider this letter an application for an insubstantial PUD amendment for the
Hotel Jerome Planned Unit Development (see Exhibit 1, Pre-Application Conference
Summary, attached hereto).
The application is submitted pursuant to Section 26.445.100.A. of the Aspen Land
Use Regulations (the "Regulations") by Jerome Property LLC, a Delaware limited
liability company (hereinafter "Applicant"). The Applicant's ownership of the
property is evidenced in the attached Title Insurance Policy (see Exhibit 2). Permis-
sion for Vann Associates, LLC, Planning Consultants, to represent the Applicant is
attached as Exhibit 3. A land use application form and an application fee agreement
are attached as Exhibits 4 and 5, respectively.
Background
In December of 2006, the City Council adopted Ordinance No. 42 which amended the
Hotel Jerome's prior PUD approvals. The amendment approved an extensive
renovation of the existing Hotel, an expansion of its net leasable commercial area, the
reconfiguration and renovation of its Main Street and Mill Street courtyards, and the
elimination of a prior condition that a portion of its parking garage be reserved for
Hotel employees. The amendment also approved the renovation of the existing
Cortina Lodge to meet the Hotel's affordable housing mitigation requirements.
The Historic Preservation Commission ("HPC") granted final development plan
approval for the Hotel's renovation pursuant to Resolution No. 37, which was also
approved in December of 2006. Minor development approval for the renovation of
P.O. Box 4827 • Basalt,Colorado 81621 • 970/925-6958 • Fax 970/920-9310
vannassociates@comcast.net
Mr. Chris Bendon
February 1, 2012
Page 2
the Cortina Lodge was granted by the HPC in March of 2006 pursuant to Resolution
No. 6.
Final PUD development plans and a PUD agreement (the "Agreement") for the
project were recorded in January of 2007 (see Exhibits 6 and 7, respectively). As
Article I, paragraph 1.2 of the Agreement indicates, the 2006 amendment essentially
superseded all prior land use approvals pertaining to the Hotel. The Agreement incor-
porated all pertinent provisions of City Council Ordinance No. 42 and HPC Resolu-
tions No. 6 and 37. In the event of any conflict between the Agreement and the
Ordinance and/or Resolutions, Article II, paragraph 2.1(d) provides that the Agree-
ment shall govern. The Hotel Jerome and Cortina Lodge were subsequently sold
prior to issuance of a building permit for the project.
An application for an insubstantial PUD amendment was submitted by the Hotel's new
owner, CLP-Elysian Aspen, LLC, in October of 2008. The amendment requested
approval to convert an existing office in the Hotel to a lodge unit. The request was
consistent with the Hotel's prior 2006 approval and was granted by the Community
Development Director in November of 2008 (see Exhibit 8). While the office conver-
sion was subsequently completed, no further renovation activities were undertaken by
the then Hotel owner.
The Hotel Jerome and Cortina Lodge were purchased by the Applicant in December
of 2009. In June of 2010, the Applicant submitted a second application for an
insubstantial PUD amendment to permit phasing of the original approvals. The
Applicant wished to proceed with the renovation and historic designation of the
Cortina Lodge, as provided for in the Agreement and final PUD development plans,
prior to undertaking the renovation of the Hotel. While the Agreement did not
specifically address project phasing, Article III, paragraph 3.2(b) requires that a
Certificate of Occupancy ("CO") be issued for the renovated Lodge prior to issuance
of a CO for the renovated Hotel. The insubstantial amendment was approved by the
Community Development Director and a Development Order was issued in July of
2010 (see Exhibit 9).
The renovation of the Cortina Lodge was undertaken by the Applicant in the fall of
2010, and the property was historically designated pursuant to City Council Ordinance
No. 25 in January of 2011 (see Exhibit 10). Certificates of Occupancy for the Lodge
were issued by the Building Department in September of 2011 (see Exhibit 11). The
two buildings which comprise the Cortina Lodge contain four studio units and four 2-
two bedroom dormitory suites. The Agreement credits these units with housing 21
employees (i.e., 5 employees in the four studio units and 16 employees in the four 2-
bedroom dormitory units). The deed restriction encumbering the units was recorded
with the Pitkin County Clerk in January of 2011 (see Exhibit 12).
Mr. Chris Bendon
February 1, 2012
Page 3
As discussed in the 2006 Hotel Jerome PUD amendment application, various land use
approvals given to the Hotel prior to the 2006 PUD amendment required the housing
of 20 employees in the Cortina Lodge. Article III, paragraph 3.3 of the Agreement
requires affordable housing mitigation for an additional 1.42 employees, one of which
was to be housed in the renovated Lodge. The additional mitigation was required to
permit the expansion of the Hotel's existing net leasable commercial area. The
remaining 0.42 employees was to be mitigated via a cash-in-lieu payment to the City
prior to issuance of a building permit for the Hotel renovation. The amount of the
payment is to be calculated based on an average of the Aspen Pitkin Housing Authori-
ty's Category 2 and Category 3 payment-in-lieu fees in affect at building permit
submittal.
Proposed Amendment
Having renovated the Cortina Lodge, the Applicant now wishes to proceed with the
renovation of the Hotel Jerome. Various changes to the recorded 2007 final PUD
development plans, however, are proposed. In general, all of the changes fall within
and/or are consistent with the Dimensional Requirements contained in Article II,
paragraph 2.2 of the Agreement and the 2006 PUD amendment's approval conditions.
The proposed changes consist primarily of revisions to the layout of the Hotel's
.
--- _
basement spa and back of house areas, the ground floor public spaces, and some of
the guest roomsr The previously proposed..expansion of the Hotel's basement for
r mechanical and storage purposes, and a proposed second floor addition above the
annex's existing ground floor gallery, have also been eliminated. No changes are pro-
posed to the Hotel's J-Bar and Library Room.
More specifically, the size of Hotel's basement spa has been significantly reduced and
reconfigured. Minor changes to the basement parking garage to accommodate the
Hotel's required 47 off-street parking spaces and the consolidation of its vehicular en-
try/exit doors are also proposed. The Hotel's ground floor entry and the adjacent
atrium will remain unchanged. The arched openings which link the atrium to the
existing Century Room, however, will be enlarged to facilitate its use as a Hotel
living room. A "Certificate of No Negative Effect" and a "Development Order" for
the proposed enlargement have been issued by the City's Historic Preservation Officer
and the Community Development Director, respectively (see Exhibit 13). The
existing Jacobs restaurant space, and the adjacent corridor leading to the Hotel annex,
will be reconfigured to enhance their functionality. In addition, the Wheeler Room
will also be reconfigured to accommodate the use of the Elisha Room for ski con-
cierge purposes and to provide an adjacent ski storage area.
Three of the guest rooms located in the southwest corner of the annex on the ground,
second and third floors will be reconfigured to permit their occupancy as two or three
OVAr
1
Mr. Chris Bendon
February 1, 2012
Page 4
bedroom suites. The suites will include an enlarged bathroom, a walk-in closet and a
wet bar. The Hotel's key count, however, will remain unchangedrat 94_ke3rs. All of
the guest rooms will-be extensively refurbished, and an improved HVAC system will
be installed to enhance in-room comfort. Finally, the Hotel offices, which are located
on the second floor, will be relocated and the space converted to a small fitness
center. The Applicant's proposed changes to the Hotel's internal layout are depicted
on the attached floor plans (see Exhibit 14) and outlined in detail in the attached
memorandum from the project architect (see Exhibit 15).
Changes to the exterior of the Hotel will be limited to repair work to its masonry
walls, the installation of metal coping along its parapet, and the removal of a column
at the existing entrance to the basement parking garage. These changes have also
been approved by the City's Historic Preservation Officer and are noted in the
attached Certificate of No Negative Effect. No changes to the Hotel's existing Main
Street and Mill Street courtyards are proposed at this time. The Applicant, however,
may elect to amend the previously approved landscape plans for these areas at a later
date.
The various changes to the interior of the Hotel discussed above will result in changes
to its approved allowable floor areas which are contained in Article II, paragraph
2.2(1) of the Agreement. While the floor areas contained in the Agreement were
calculated based on the Regulations in effect in 2006, the proposed floor areas
contained bexe I im have been calculatedr_based on current regulatory requirements. As
Exhibit 16 indicates, the Hotel's total allowable floor area wllFdecrease,Tlrom 114,934
j are feet to 113,73_3 square feet. This decrease can be attributed to the elimination
of previously approved building additions, and to minor variations in area takeoffs
between the project's prior and current architects.
The floor area of the Hotel's commercial uses and lodge units will also decrease. The
commercial uses will decrease from 15,985 square feet to 13,838.square feet due
primarily to the reduction in the size of the basement spa and the elimination of the
former Century Room dining area. The floor area of the lodge units will decrease _
from_59 215 quare feed I 9 072-s ue feet. As the area devoted to actual lodge
units remains essentially unchanged, the decrease is most likely attributable to
differences in the prior and current takeoffs. The floor area devoted to other uses
(e.g., public spaces, circulation, etc.) will increase from 39,735 square feet to 40,823
s u
are
t. This increase is due primarily to the conversion of the Century mom
dining area to a new Hotel living room.
No other changes to the Dimensional Requirements contained in Article II, paragraph
2.2 are proposed. The Hotel's net leasable commercial area, however, will decrease
slightly as a result of the proposed changes. As Article III, paragraph 3.1 of the
Mr. Chris Bendon
February 1, 2012
Page 5
Agreement indicates, a maximum of 14,891_square feet of net_leasable area was
evi
previously approved. The Hotel's rsed net leasable area totals 14,734 square feet
(see Exhibit 17). The 157 square foot decrease in net leasable commercial area can
be attributed to a similar, albeit larger, reduction in the Hotel's commercial floor
area.
As various provisions of the 2007 Agreement will change as result of the proposed
insubstantial PUD amendment, or are no longer relevant due to the completion of the_,"
Cortina Lodge renovation and its historic designation, anamended PUD agreement , 11YA,
will be submitted for recordation following the approval of this application. Revised
final PUD developments plans will also be recorded to memorialize the amendment.
Affordable Housing Mitigation
As discussed previously, 1.42 additional employees were required to be mitigated in
connection with the 2006 PUD amendment approval. This mitigation requirement
was calculated pursuant to then Section 26.470.040.C.1. which permitted the enlarge-
ment of a Historic Landmark's net leasable commercial area exempt from the City's
Growth Management Quota System competition subject to compliance with certain
affordable housing mitigation criteria. While the above section of the Regulations has
been superseded by Section 26.470.070.1., the applicable mitigation criteria remain
unchanged. The City's definition of net leasable area, however, has been amended to
include various areas (e.g: storage, etc.) that were excluded at the time of the 2006
PUD amendment. As a result, the Hotel's existing net leasable commercial area is
greater than that which was calculated in 2006.
Based on current regulatory requirements, the existing Hotel contains 14,263 squareP� ►
feet of net leasable area of which 1,412 square feet is located in its basement (see
Exhibit 18). The remaining 12,851 square feet is located on the ' ground floor.
The Hotel's net leasable area following its renovation will tot 14,734,square feet of Al,,,
which 2 360_and 12,374 square feet will be located in the basement and on the ground
floor, respectively. While the basement's net leasable area will increase, the net
leasable area on the ground floor will actually decrease.
Based on the CC, Commercial Core, zone district's employee generation rate of 4.1
employees per 1,000 square feet of net leasable area, and the provisions of Section
26.470.100. A.1. which permit a 25 percent reduction in the generation rate for eiq
basement commercial space, the Hotel's additional basement net leasable commercial
area will generate 2.95 employees calculated as follows.
948 Sq. Ft. Basement Net Leasable Area _ 1,000 Sq. Ft. = 0.95
0.95 x 3.1 Employees/1,000 Sq. Ft. = 2.95 Employees
Ll
14 A 1� - I
Mr. Chris Bendon
February 1, 2012
Page 6
No new employees will be generated by the proposed reconfiguration of the Hotel's
ground floor as its net leasable area will decrease by 477 square feet
Pursuant to Section 26.470.070.1.a) of the Regulations, no affordable housing
vt mitigation is required for the first four employees generated. As a result, no further
affordable housing mitigation will be required as less than four employees will be
generated by the Applicant's proposed insubstantial PUD amendment. In fact, a 477
s ware foot net leasable commercial area credit will remain on the Hotel's ground
ion. a ition, ere will remain an afforda le ousing
mitigation credit for one employee at the Cortina Lodge as only 20 employees were
required to be housed therein to accommodate the Hotel's various pre 2006 approvals
(i.e, its existing lodge units and commercial areas).
Hotel Jerome Interior Features
Pursuant to Article III, paragraph 3.6, of the Agreement, a written inventory of all
original features existing within those interior areas of the Hotel that are customarily
open to the public, or where the public is typically invited, must be submitted to the
Historic Preservation Officer along with a description of the proposed treatment
thereof prior to building permit submittal. A copy of the required inventory accompa-
(4 nies this application.
Review Requirements
Pursuant to Section 26.445.100.A. of the Regulations, the Community Development
Director may approve an insubstantial amendment to a final PUD development plan
subject to certain requirements. The specific requirements, and the proposed amend-
ment's compliance therewith, are summarized below.
1. The proposed amendment does not change the use or character of
the development.
The proposed amendment does not change the use or character of the develop-
ment.
2. The proposed amendment does not increase overall coverage of
structures on the land by greater than three (3) percent.
The proposed amendment does not increase the Hotel's site coverage.
3. The proposed amendment does not substantially increase trip
generation rates or the demand for public facilities.
Mr. Chris Bendon
February 1, 2012
Page 7
The proposed amendment does not increase trip generation rates or the demand
for public facilities.
4. The proposed amendment does not reduce the approved open space
by greater than three (3) percent.
The proposed amendment will not reduce the Hotel's approved open space.
5. The proposed amendment does not reduce the approved off-street
parking and loading space by greater than one (1) percent.
The proposed amendment will not reduce the Hotel's approved parking or
loading space.
6. The proposed amendment does not reduce the required pavement
widths or rights-of-way for streets and easements.
No reductions in pavement widths or street rights-of-way are proposed.
7. The proposed amendment does not increase the approved gross
leasable floor area of commercial buildings by greater than two (2) percent.
The proposed amendment does not increase the Hotel's approved net leasable
commercial area. The Hotel's net leasable area following the proposed renovation
will total 14,734 square feet which is less than its approved net leasable area of
14,891 square feet.
8. The proposed amendment does not increase the approved residential
density of the development by greater than one (1) percent.
This criteria is not applicable as the Hotel does not contain a residential
component.
9. The proposed amendment does not involve changes which are
inconsistent with a condition or representation of the project's original approval
or which requires granting a variation from the project's approved use or
dimensional requirements.
The proposed amendment does not involve changes that are inconsistent with
the project's original approval conditions. While the Hotel's floor areas will change
as a result of the amendment, its proposed commercial, lodge unit and total floor
areas are less than previously approved.
Mr. Chris Bendon
February 1, 2012
Page 8
As the Applicant would like to undertake the renovation of the Hotel Jerome in the
coming fall off-season, your timely review of this application would be sincerely
appreciated so as to permit building permit submittal as soon as reasonably possible.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
VAN LLC
u ann
S wv
Attachments
cc: Hans Pusch, Jerome Ventures, LLC
Sarah Broughton, Rowland+Broughton
d:\oldc\bus\city.app\app57811.ins
EXHIBIT
R -IVED ECF1
�=EB 0 2 2012 /
CITY OF ASPEN CITY OF ASPEN
COMMUNITY ODIEI.OPMERT PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Guthrie, 970.429.2758 DATE: 11/11/11
PROJECT: 330 E. Main Street, Hotel Jerome
REPRESENTATIVE: Vann Associates, Rowland+Broughton Architecture and Urban
Design
TYPE OF APPLICATION: Insubstantial PUD Amendment, PUD Condition regarding
historic interior features, Certificate of No Negative Effect
DESCRIPTION: - - - - -
History
The Hotel Jerome, a three-story red brick hotel occupying a prominent corner location in
downtown Aspen, was built in 1889 and named in honor of its owner, Jerome B.
Wheeler, one of Aspen's greatest benefactors. A financier from New York, J.B. Wheeler
was president of the famous Macy's Department Store. Wheeler invested in several
mines in Aspen and was responsible for the construction of other important buildings in
town, in particular the Wheeler Opera House. The Jerome was built to rival the Ritz in
Paris and had many amenities, including one of Colorado's first elevators. After the
Silver Crash, demand for luxury hotel rooms in Aspen disappeared and Mansor Elisha
took over the building as a boarding house. When the Washington School in the West
End was tom down and the Red Brick School was under construction, some rooms in
the Hotel Jerome we re-used for classes in 1941. Walter Paepcke purchased the
building in 1946 and completed a badly needed renovation. Paepcke's project was
overseen by Herbert Bayer and included painting the exterior a pale gray with blue trim.
In the mid-1980's the Jerome was restored and remodeled again, including removal of
the paint and construction of the north addition. Some of the period finishes that exist
today on the interior were added at this time, although many original interior
appointments still exist on the first floor level. The Hotel Jerome is one of the most
important public buildings in Aspen. It reflects the growth and success of the town and
was built to equal the grand hotels of major cities.
Past approvals
The Hotel Jerome underwent a major renovation in 1986, including a large addition. The
property was designated a PUD, which allowed for all dimensional requirements to be
set by City Council. The PUD approval was amended several times afterwards, most
notably in 2006, when approval was granted for the following (as summarized in the PUD
Agreement:
(a) Pursuant to Ordinance No. 42 (Series of 2006) adopted on December 11,
2006, the Aspen City Council granted final approval of a PUD Amendment for the Hotel
Jerome including an extensive renovation of the existing Hotel Jerome, an expansion of
the Hotel's existing net leasable commercial area, the reconfiguration and renovation of
the Hotel's Main Street and Mill Street courtyards, and the elimination of a prior
condition that a portion of the Hotel's parking garage be reserved for Hotel employees.
The P1JD Amendment also approved the renovation of the existing Cortina Lodge to
meet the Hotel's employee housing mitigation requirements.
The property then changed ownership twice. During that time, some requirements of the
2006 PUD, such as Historic Designation of The Cortina Lodge and renovation to improve
its use as required employee housing, have been completed.
The current owners would like to undertake revisions to the interior floor plans which they
believe comply with the previously approved project parameters and with the applicable
criteria for an Insubstantial PUD amendment. The work includes redecorating guest
rooms, and upgrading mechanical systems and back of house areas. Some renovation
of the public lobby area and restaurant are planned, along with exterior repairs and
replacement of the existing, non-historic windows.
The Community Development Director will review an application to determine that
Insubstantial PUD Amendment criteria are met.
Historic Preservation staff will review all interior work that triggers the following condition
of the 2007 PUD:
Interior Condition for The Hotel Jerome:
The applicant is required to submit a written inventory of all original features existing
within those interior areas of the Hotel Jerome that are customarily open to the
public, or where the public is typically invited. This inventory must be.accompanied
by current photographs, and copies of any photographs of the interior of the Hotel
Jerome available from the Aspen Historical Society archives.
The Historic Preservation Officer will verify the completeness of the inventory. Any
overlooked elements that can be documented as original will be added to the list.
Said inventory shall identify proposed treatment of the items that are on the
inventory. The inventory shall be reviewed by the City's Historic Preservation
Officer. To the extent that there is a disagreement to the proposed treatment, the
applicant may appeal to the City Manager. The City Manager's decision in the
matter shall be subject to an appeal to the City Council as a de novo review.
Once the proposed treatment is agreed to by the City and the applicant, no changes
shall be allowed without the consent of the City's Historic Preservation Officer,
subject to the appeal provisions set forth above.
The Historic Preservation Officer worked with a previous' property owner to create the
inventory of interior features described above. A level of agreement was reached as to
how those features would be preserved or treated, but the work never went forward.
The HPO will need to collaborate with the current architect to ensure that the condition
is met. There is no specific application form. Please submit drawings and photographs
for review.
Regarding recently identified repair work that was not addressed in the PUD (parapet
walls, sandstone windowsills, and removal of a column at the parking garage entry),
please submit an application for Certificate of No Negative Effect.
Aspen Land Use Code.is found here:
http://www.aspenpitkin.com/Departments/Community-DevelopmenuPlanning-and-Zoning/Title-26-
Land-Use-Code/
Insubstantial Amendment Land Use application is found here:
hfp://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and°/a20Fees/landuseappform.odf
Certificate of No Negative Effect Land Use application is found here:
http://Www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/form historic land use pp
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.445.100.A Planned Unit Development—PUD Insubstantial Amendment
26.415.070.0 Historic Preservation, Certificate of No Negative Effect
Review by: Community Development Staff for Completeness and
Determination
Public Hearing: No
Planning Fees: Please submit separate applications.
Insubstantial PUD Amendment, $1,260 for 4 billable hours.
Additional time will be billed at$315 per hour.
Certificate of No Negative Effect, $79 flat fee.
Total Number of Application Copies: 2 sets of each application
RECFIVED
To apply, submit the following information: FEB 0 2 20;2
0 Total Deposit for review of application. CITE' CW AI tN
COMMUNITY DEVELOPMENT
= Pre-application Conference Summary.
= 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.
= Proof of ownership
ED 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.
=A site plan depicting the proposed layout and the project's physical relationship
to the land and its surroundings.
0 Completed Land Use application
0 Signed fee agreement
=An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
2 copies of the complete application packet and maps.
A written description of the proposal and a written explanation of how a proposed
development complies with the review standards relevant to the development
application.
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.
E=1
File No.:454-HO301993-610-ETO
ENDORSEMENT
Attached to Policy No. G47-2234547
Issued By
Fidelity National Title Insurance Company
1. Under Schedule A,the effective Date of Policy is hereby amended to read July 14,2010 at 3:45 PM.
2. Under Schedule A,Paragraph 3,the vested owner is amended to read as follows:
Jerome Property LLC,a Delaware limited liability company
3. Under Schedule A,the Amount of Insurance is amended to read$38,911,667.84.
4. Under Schedule A,Paragraph 4,the Insured Mortgage is amended to read as follows:
Deleted
5. Schedule B is amended as follows:
Terms, conditions, provisions, agreements and obligations contained in the Revocable Encroachment
License Application recorded February 17,2010 at Reception No. 567076.
Terms, conditions, provisions, agreements and obligations contained in the Revocable Encroachment
License Application recorded July 08,2010 at Reception No. 571875.
The Company does not insure against loss or damage sustained by the Insured, and the Company
will not pay costs, attorney's fees, or expenses, by reason of the avoidance, in whole or in part,or
a court order providing some other remedy, based on the voidability of any estate or interest
shown in Schedule A or the Insured Mortgage, as originally recorded or as modified, because of the
occurrence, after the prior Date of Policy stated in Schedule A of the policy, of a fraudulent transfer
or a preference under federal bankruptcy,state insolvency, or similar creditors' rights laws.
This endorsement is issued as part of the policy. Except as it expressly states,it does not(i)modify any of the terms and
provisions of the policy,(ii)modify any prior endorsements,(iii)extend the Date of Policy,or(iv)increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement,this endorsement controls. Otherwise,this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: : February 08,2011
Fidelity National Title Insurance Company
anu �j q� /�}' I
71 By:
SEAL
ATTEST //
Secrohry
Authorized Signature
Endorsement Colorado Form 107.12A-06 Title Down Date(Owner/Lender)
dA10712A06
Lawyers Title Insurance Corporation
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OWNER'S POLICY
SCHEDULE A
12/08/2009 10:07:56 pk PK
File No.: 454-H0261384-036-MEJ Policy No.: H0261384OTP
fl
Amount of Insurance: $38,000,000.00
Date of Policy: December 10,2009 at 2:12 PM
I
1. Name of Insured:
Jerome Ventures LLC,a Delaware limited liability company
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2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in.
Jerome Ventures LLC,a Delaware limited liability company
4. The land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof
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Lawyers Title Insurance Corporation j
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File No.: 454-H0261384-036-MEJ Policy No: H02613840TP
SCHEDULE A
(Continued)
Exhibit A
PARCEL A:
LOTS P AND Q, i
BLOCK 73,
CITY AND TOWNSITE OF ASPEN
PARCEL B:
A parcel of land situated in the City and Townsite of Aspen,Colorado,being all of Lots A,B,C,D,E,F,
G,H,I,O,P,Q,R,S,and the East 20.00 feet of Lot N,all in Block 79,together with the East 170.00 feet
of the Alley in said Block 79,Vacated by Ordinance No. 1 (Series of 195 1)of the City of Aspen,
Colorado,according to the Hotel Jerome Lot Line Adjustment and Subdivision Exemption Plat filed June
12, 1991 at Reception No.331521,in Plat Book 26 at Page 52,also described as follows:
Beginning at the Southeast Comer of said Block 79(An aluminum disk marked"16129 McBride");
thence N 75'09'11"W 170.78 feet along the Northerly line of East Main Street to the Southwest Corner
of the East 20.00 feet of Lot N;
thence N 14°50'49"E 100.00 feet along the West line of the East 20.00 feet of Lot N;thence S
75009'l 1"E 0.78 feet along the South line of the Alley in said Block 79 to the West side of the Vacated
portion of the Alley in said Block 79;
thence N 14°50'49"E 20.39 feet along the West side of the Vacated portion of the Alley in said Block
79;
thence N 75'09'11"W 101.40 feet along the North line of the Alley in said Block 79;thence N
14 050'49"E 100.00 feet along the East line of North Monarch Street to the Northwest Corner of said
Block 79;
thence S 75009'11"E 271.40 feet along the South line of East Bleeker Street to the Northeast Corner of
said Block 79;
thence S 14°50'49"W 119.39 feet along the West line of North Mill Street;
thence S 75'09'11"E 0.50 feet;
thence S 14°50'49"W 100.70 feet;
thence N 75°09'11"W 0.50 feet;
thence S 14°50'49"W 0.30 feet to the point of beginning.
PARCEL C:
A non-exclusive easement for purposes of maintaining two existing window wells,a portico and a
stairwell to the basement of the Hotel Jerome as set forth in an encroachment agreement recorded March
5, 1992 in Book 671 at Page 33 (Affects Parcel B)and a non-exclusive easement for purposed of a drive
ramp and snowmelt to parking garage as set forth in an encroachment agreement recorded October 20,
2005 as Reception No.516494(Affects Parcel A).
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File No.: 454-H0261384-036-MEJ Policy No.: H02613840TP
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SCHEDULE B
EXCEPTIONS FROM COVERAGE I
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'
fees or expenses)which arise by reason of:
{
1. Any facts,rights,interests or claims that are not shown by the Public Records but which could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records.
3. Any encroachments,encumbrances,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 Public Records.
4. Any lien or right to alien,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 the value the estate or interest or mortgage thereon
covered by this Commitment.
6. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records;(b)
proceedings By a public agency that may result in taxes or assessments,or notices of such
proceedings,whether or not shown by the records of such agency of by the Public Records.
7. (a)Unpatented mining claims;-(b)-reservations or exceptions in patents or in Acts authorizing
the issuance thereof,(c)water right,claims of title to water,whether or not the matters excepted
under(a),(b),or(c)are shown by the Public Records.
8. All taxes and assessments for the year 2009 and subsequent years, a lien but not yet due or
payable.
9. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59
at Page 521 (as to Parcel A) and Book 59 at Pages 15, 159, 199,200,262, and 492(as to Parcel
B), providing as follows: "That no title shall be hereby acquired to any mine of gold, silver,
cinnabar or copper or to any valid mining claim or possession held under existing laws".
10. Terms, conditions, provisions, agreements and obligations contained in the Notice of Historic
designation recorded January 13, 1975 in Book 295 at Page 515 and Ordinance 9,series of 1982
recorded April 30, 1982 in Book 425 at Page 904.(Affects Parcel B)
11. Terms, conditions, provisions, agreements and obligations contained in the Ordinance No. 60,
Series of 1976 recorded in Book 321 at Page 51.(Affects Parcel A)
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Lawyers Title Insurance Corporation
File No.: 454-HO261384-036-MEJ Policy No: H0261384OTP
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SCHEDULE B
EXCEPTIONS FROM COVERAGE
(Continued)
12. Easements,rights of way and all matters as disclosed on.the Hotel Jerome Lot Line adjustment
and Subdivision Exception Plat recorded June 12, 1991 in Plat Book 26 at Page 52 and Hotel
Jerome Planned Unit Development recorded January 30, 2007 in Plat Book 82 at Page 42.
(Affects Parcel B)
13. Terms, conditions, provisions, agreements and obligations contained in the Ordinance No. 5,
Series of 1983 recorded May 17, 1983 in Book 445 at Page 81. (Affects Parcel B)
14. Terms, conditions, provisions, agreements and obligations contained in the Encroachment
agreements recorded March 05, 1992 in Book 671 at Page 33 (Affects Parcel B) and recorded
October 20,2005 at Reception No.516494(Affects Parcel A).
15. Terms, conditions, provisions, agreements and obligations contained in the Resolution of the
Aspen Historic Preservation Commission recorded May 19, 2006 at Reception No. 524233 as
Resolution No.5 (Series of 2006). (Affects Parcel B)
16. Terms, conditions, provisions, agreements and obligations contained in the Resolution of the
Aspen Planning and Zoning Commission recorded October 26,2006 at Reception No.530238 as
Resolution No.20(Series of 2006). (Affects Parcel B)
17. Terms, conditions, provisions, agreements and obligations contained in the Resolution of the
Aspen Historic Preservation Commission recorded January 25,2007 at Reception No. 533744 at i
Resolution No. 37(Series of 2006). (Affects Parcel B)
18. Terms, conditions, provisions, agreements and obligations contained in the Ordinance No. 46,
Series of 2006 by Aspen City Council recorded January 30, 2007 at Reception No. 533926.
(Affects Parcel B)
19. Terms, conditions, provisions, agreements and obligations contained in the 2007 Hotel Jerome
PUD Agreement recorded January 30,2007 at Reception No.533928. (Affects Parcel B)
20. Rights or claims of tenants as tenants only,with no option to purchase or rights of first refusal.
21. Deed of Trust from LCP Elysian Aspen Owner, LLC, a Delaware limited liability company to
the Public Trustee of Pitkin County for the benefit of Morgan Stanley Mortgage Capital Inc., a
New York corporation to secure an indebtedness in the principal sum of$48,000,000.00,and any
other amounts and/or obligations secured thereby, dated May 24, 2007 and recorded May 25,
2007 at Reception No.238266.
The Deed of Trust was assigned to Jerome Property LLC, a Delaware limited liability company
recorded September 01,2009 at Reception No. 562446.
Assignment of Rents in connection with said deed of trust recorded May 25, 2007 at Reception
No.538267 and assignment thereto recorded September 01,2009 at Reception No.562447.
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Lawyers Title Insurance Corporation
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File No.: 454-H0261384-036-MEJ
Policy No: H02613840TP
SCHEDULE B
EXCEPTIONS FROM COVERAGE
(Continued)
I
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22. Financing Statement from LCP Elysian Aspen Owner, LLC, a Delaware limited liability
company, Debtor, to Lehman Brothers Bank FSB (n/k/a Aurora Bank FSB), Secured Party,
recorded September 04,2009 at Reception No.562540.
The Financing Statement was assigned to Jerome Property, LLC, a Delaware limited liability
company recorded September 11,2009 at Reception No.562684.
23. Any right or asserted right of a creditor,trustee or debtor in possession in Bankruptcy to avoid
that certain conveyancing document recorded December 10,2009 at Reception No.565212 of
the official records of Pitkin county pursuant to Title H U.S.C.(BANKRUPTCY).
NOTE: Exception No.23 above will be deleted upon transfer to a bonafide purchaser for value or after a
one(1)year period subsequent to recordation of the subject conveyancing document. This exception will
be omitted from any policy or policies of title insurance issued by this Company for the benefit of a
bonafide purchaser for value,provided no petition in Bankruptcy appears of record at that time.
NOTE: Exceptions 1 through 4 are hereby deleted.
EXHIBIT
.0
a
February 1, 2012
Mr. Chris Bendon, Director
Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Mr. Bendon:
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants, to represent us in the processing of our application for an insub-
stantial PUD amendment for the Hotel Jerome Planned Unit Development. Mr. Vann is
hereby authorized to act on our behalf with respect to all matters reasonably pertaining to
the aforementioned application.
Should you have any questions, or if we can be of any further assistance, please do not
hesitate to call.
Yours truly,
JEROME IffiNTEMS.LLC
Wald Wilson, Manager
DRW Trading Group
540 West Madison
Chicago, IL 60661
(312) 542-1030
d Auldc\buslcity.ltr1107911.cb1
LAND USE APPLICATION EXHIBIT
APPLICANT:
Name:
Location:
(Indicate street address,lot&block number, legal description where appropriate)
Parcel ID#(REQUIRED) 7T,7—e:n7 3-2/L
REPRESENTATIVE:
Name:
Address:
Phone#:
PROJECT:
Name:
Address: � �/' I'�S-7-, ��l��f
Phone#: � IF
TYPE OF APPLICATION:(please check all that apply):
❑ Conditional Use ❑ onceptual PUD E] Conceptual Historic Devt.
F-1 Special Review Final PUD(&PUD Amendmeq ❑ Final Historic Development
❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt.
❑ GMQS Allotment ❑ Final SPA(&SPA Amendment) ❑ Historic Demolition
❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation
❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Small Lodge Conversion/
Margin,Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
❑ Lot Split ❑ Temporary Use ❑ Other:
❑ Lot Line Adjustment ❑ Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.)
PROPOSAL: (description of proposed buildings,uses,modifications,etc.)
7%mil
Ha you attached the following? FEES DUE: $
D Pre-Application Conference Summary
Attachment#1,Signed Fee Agreement
✓❑esponse to Attachment#3,Dimensional Requirements Form
Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards
EXHIBIT
j E X7
_T DEPARTMENT
Agreement to ay Application Fees
An agreement between the City of Aspen ('City )and
Property Phone No.-. —4
Address of Billing
Property: Address.
(subject of isend bills here)
| understand that the City has adopted, via Ordinance No. . Series of 2O11. review fees for Land Use applications
and the payment of these hmeo is a condition precedent to determining application completeness. | understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. | understand that these
flat fees are non'nafundob|o.
3 flat fee for $ flat fee for
S flat fee for S flat fee for
For deposit cases only: The City and i understand tnat because of the sizm nature or scope of the proposed
project. it|s not possible at this time to know the full extent or total costs involved in processing the application. )
understand that additional costs over and above the deposit may accrue. | understand and agree that it is
impracticable for City staff to complete pmoeasing, neview, and presentation of sufficient information to enable
legally required findings to be made for project consinoneboo, unless invoices are paid in full.
The City and | understand and agree that invoicen mmi|ag by the City to the above listed billing address and not
returned to the City uhm|| be considered by the City as being received by me. | agree to remit payment within 30
days of presentation ofan invoice by the City for such services.
| have read, undestoud and agree*othe Land Use Review Fee Policy including consequences for non-payment.
| agree 0opay the following initial deposit amounts for the specified hours of staff time. | understand that payment
of a deposit does not render an application complete or compliant with approval criteria. |f actual recorded costs
exceed the initial deposit. I agree to pay additional monthly billings to the City to reimburse the City for the
processing mfmy application ut the hourly rates hereinafter stated.
hours pf Community Development Department staff time. Additional time
above the deposit amount will bw billed at$315 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the deposit
amount will hm billed ot$2GSperhour.
City mvAspen: rnvpe
Chris Benclon
Community Development Director Name
City Use:
Fees Due:$ Received:
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5339: -
I Page: 1 of 23 EXHIBIT
1111 01/30/2007 02:241
JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 D 0.00
2007 HOTEL JEROME PUD AGREEMENT
THIS 2007 HOTEL JEROME PUD AGREEMENT (the "2007 PUD Agreement") is
made and entered into this 3 6) day of C�a->„v , 2007, by and between THE CITY OF
ASPEN, COLORADO, a municipal co' oration(hereinafter referred to as "City"), and
HOTEL JEROME, INC., a Delaware corporation (hereinafter referred to as "Owner"),
WITNESSETH:
WHEREAS, Owner has submitted to the City an application(the "Application") for a
PUD Amendment to permit the renovation of the Hotel Jerome property located at 330 East
Main Street in Aspen, Colorado, said property being more particularly described as Lots A-I and
Lots O-S and the Easterly 20 feet of Lot N and the Easterly 170 feet of the vacated alley, all in
Block 79, City and Townsite of Aspen, Pitkin County, Colorado (the "Hotel Jerome Property"),
and the renovation of the Cortina Lodge property described as Lots P and Q, Block 73, City and
Townsite of Aspen, Pitkin County, Colorado (the "Cortina Lodge Property") (collectively, the
"Property"), which application requests the approval and recordation of a Hotel Jerome Final
PUD Development Plan and related documents (collectively, the "Final PUD Development
Plan"); and
WHEREAS, City has fully considered the Application, the Final PUD Development
Plan, the proposed development and improvement of the Property, and the effects of the
proposed development and improvement of said Property on adjoining or neighboring properties
and property owners and on the Aspen community; and has determined that the development
proposal set forth in the Application meets or exceeds all applicable development standards and
that the approval of the Application, with conditions, is consistent with the goals and elements of
the Aspen Area Community Plan; and
WHEREAS, City has imposed certain conditions and requirements in connection with its
approval of the Application and its approval and recordation of the Final PUD Development
Plan, such matters-being necessary to protect,promote and enhance the public welfare;and
WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform
the conditions and requirements imposed by City in approving the Application and the Final
PUD Development Plan; and
WHEREAS,under the authority of Sections 26.445.070.0 and 26.480.070. C and D
of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure (i) that the
required improvements to the public right-of-way are installed and (ii)that the required
landscaping is implemented and maintained, and Owner is prepared to provide such guarantees
as hereinafter set forth; and
WHEREAS, contemporaneously with the execution and recording of this 2007 PUD
Agreement, City and Owner have recorded the Final PUD Development Plan as Reception
1
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 D 0.00
No. 9z� in the Office of the Clerk and Recorder of Pitkin County, Colorado.
NOW,THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained and the approval and acceptance for recordation by City of the Final PUD
Development Plan, and for other good and valuable considerations, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
ARTICLE I
PURPOSE AND EFFECT OF 2007 PUD AGREEMENT
1.1 Purpose. The purpose of this 2007 PUD Agreement is to set forth the complete
and comprehensive understanding and agreement of the parties with respect to the renovation of
the Hotel Jerome and the Cortina Lodge and to enumerate all terms and conditions under which
such renovations may occur.
1.2 Effect. It is the intent of the parties that this 2007 PUD Agreement shall
effectively supersede and replace in their entirety certain previously recorded plats, PUD
agreements, protective covenants, and land use approvals that encumber the Hotel Jerome
Property and/or the Cortina Lodge Property, including without limitation those matters identified
in Article VI below(collectively, the"Prior Instruments and Approvals"), and City and Owner
agree to cooperate in the execution and recording of such documents as may be necessary or
appropriate to accomplish the vacation and/or termination of said Prior Instruments and
Approvals. The parties anticipate that these recordings will take place contemporaneously with
the recording of the Final PUD Development Plan. However, a delay in the recording of any
such vacation/termination documents shall not affect or delay the recording of this 2007 PUD
Agreement or the Final PUD Development Plan. All prior land use approvals associated with the
Hotel Jerome Property that are not identified as Prior Instruments and Approvals in Article VI
below shall remain unmodified hereby and in full force and effect.
ARTICLE II
ZONING AND REGULATORY APPROVALS
2.1 Approval Ordinance and Resolutions.
(a) Pursuant to Ordinance No. 42 (Series of 2006) adopted on December 11,
2006,the Aspen City Council granted final approval of a PUD Amendment for the Hotel
Jerome including an extensive renovation of the existing Hotel Jerome, an expansion of
net leasable commercial area,the reconfiguration and repo:va�i "on o
th_,e�IQtes existing._.
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the-Hotel's-Main Street and Mill Street courtyards, and the elimination of a prior
' condition that a portion of the Hotel's parking garage be reserved for I-fotel employees.
The PUD Amendment also approved the renovation of the existing Cortina Lodge to
meet the Hotel's employee housing mitigation requirements.
(b) Pursuant to Resolution No. 37 (Series of 2006) adopted on December 13,
2006,the City of Aspen Historic Preservation Commission(the "HPC") granted final
development plan approval for the contemplated renovation of the Hotel Jerome.
2
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JANICE K VOS CAUDILL PITKIN COUNTY Co R 116.00 D 0.00
(c) Pursuant to Resolution No. 6 (Series of 2006) adopted on March 8, 2006,
the HPC granted minor development approval for the renovation of the Cortina Lodge.
(d) This 2007 PUD Agreement incorporates all of the pertinent provisions of
Ordinance No. 42 and HPC Resolution Nos. 6 and 37. In the event of any inconsistency
between the provisions of Ordinance No. 42, HPC Resolution No. 6 and/or HPC
Resolution No. 37, and the provisions of this 2007 PUD Agreement, the provisions of
this 2007 PUD Agreement shall control.
2.2 Dimensional Requirements for Hotel Jerome. Ordinance No. 42 established
and approved the following dimensional requirements for the Hotel Jerome PUD:
(a) Minimum Lot Size 47,735 sq. ft.
(b) Minimum Lot Area Per Dwelling Unit N/A-No Dwelling Units
(c) Maximum Allowable Density 94 Lodge Units
(d) Minimum Lot Width* 170 feet
(e) Minimum Front Yard Setback* None
(f) Minimum Side Yard Setbacks* None
(g) Minimum Rear Yard Setback* None
(h) Maximum Height 54 feet at Northeast Corner of
Existing Building
(i) Minimum Distance Between Buildings N/A-Single Structure
0) Minimum Percent Open Space* Per Existing Conditions
(k) Trash Access Area Per WsRes�(o . No. 8-86
(1) Allowable Floor Area 114, q. .
Commercial: 15,985 sq. ft.
Lodge Units: 59,214 sq. ft.
Other: 39,735 sq. ft.
(m) Minimum Off-Street Parking 47 spaces
* Per Land Survey Plat dated October 24, 2006 to be recorded with
Final PUD Development Plan
2.3 Vested_Rights. Under Development Order of the City of Aspen Community
Development Department issued January 5, 2007 with an effective date of January 14, 2007 (the
"Development Order"), the right to undertake and complete the development and use of the
Hotel Jerome Property and the Cortina Lodge Property pursuant to the terms and provisions of
this 2007 PUD Agreement and the Final PUD Development Plan is vested until January 14_
2010, and shall not be altered, impaired, diminished or delayed by any subsequent zoning or land
use tion that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In
accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public
hearing concerning the establishment of such vested rights for the Property was conducted on
December 11, 2006. As authorized by CRS Section 24-68-102(4)(a), City and Owner agree that
the site specific plan for the Property consists of and includes, but is not limited to, the number,
permitted size, and configuration of the Hotel's lodge units,the commercial areas,the parking
3
533928'0
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• Pill 11111111 01/30/2007 02:24F
JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 0 0.00
• spaces, and the other spaces and areas in the Hotel Jerome; the number,permitted size, and
configuration of the affordable housing units and the other spaces and areas in the Cortina
Lodge; the number of employees mitigated by the Cortina Lodge; and all other matters set forth
• in Ordinance No. 42 (Series of 2006), HPC Resolution Nos. 6 and 37 (Series of 2006),the Hotel
Jerome Final PUD Development Plan recorded_4b"Y'_--!�5 , 2007 as Reception No.
J Z this 2007 Hotel Jerome PUD Agreement, and all other documents and plans
recorded concurrently therewith. For purposes of this Section 2.3,this 2007 PUD Agreement
shall be considered a"development agreement" as that term is used in CRS Section 24-68-
• 104(2).
ARTICLE III
DEVELOPMENT REQUIREMENTS AND RESTRICTIONS—HOTEL JEROME
• 3.1 Hotel Jerome Component.q4WfeMVftted1 � �d
units containing a maximum of 59 2-14square-feet
�or� ataens �t on January 5 2007' °daftfaf h We i WIPINNOw
Orde ,mil attached•hereto as Exhibit t--
• r "),{iii) 14,891 square feet of net leasable commercial
area, (iii)47 parking spaces located in the Hotel garage, and(iv) various back-of-house facilities
and areas containing a maximum of 39,735 square feet of floor area. The prior requirement that
27 of the Hotel's on-site parking spaces be reserved f or Hotel employees is hereby fully and i
• forever waived and terminated. `w\
3.2 Cortina Lodge Component.
Vv�
• (a) The renovated Cortina Lodge will contain(i) four(4) studio units in the
Lodge's one-story structure, ranging from 264 square feet to 299 square feet of net
livable area, (ii) four(4) two-bedroom dormitory suites with a shared bath and individual
closets in the Lodge's two-story structure, ranging from 535 square feet to 659 square
• feet of net livable area, and(iii) a common kitchen, dining area and laundry. The net
• livable areas set forth above are approximations only, and the final unit sizes will be in
substantial conformity therewith. City hereby approves the foregoing variation of the.
Aspen/Pitkin County Housing Authority("APCHA") minimum size requirements for
Category 1 units. The renovated Cortina Lodge shall be credited with housing 21 S
employees.
(b) The eight(8) affordable housing units in the Cortina Lodge (the
"Affordable Housing Units")must be deed restricted to APCHA's Category 1 income
• and occupancy rental guidelines, and a Certificate of Occupancy must be issued therefor,
before a Certificate of Occupancy will be issued for the Hotel Jerome renovation. The
deed restriction will be in substantial conformity with the form of Deed Restriction
attached hereto as Exhibit B and made a part hereof by this reference. The Deed
Restriction provides that any units not rented to Hotel Jerome employees may be rented
• to any employee that qualifies under APCHA Guidelines.
• 4
r
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 D 0.00
(c) The Declaration of Covenants, Restrictions and Conditions for the Cortina
Lodge recorded December 15, 1988 in Book 581 at Page 332; Resolution No. 1 (Series of
1987) of the Aspen City Council recorded June 6, 1990 in Book 622 at Page 347; and the
Amendment to Cortina Declaration of Covenants, Restrictions and Conditions recorded
June 12, 1991 in Book 648 at Page 373, will be deemed fully and forever terminated
upon the recording of the new Deed Restriction on the Affordable Housing Units, a copy
of which is attached hereto as Exhibit B.
(d) Unless a different arrangement is worked out with the City, and only to the
extent necessary to comply with applicable Colorado law, at the time of recording of the
deed restriction Owner will convey a one-tenth of one percent interest in the Cortina
Lodge Property to APCHA. Said one-tenth of one percent interest is hereinafter referred
to as the "APCHA Interest". The conveyance of the APCHA Interest shall be expressly
subject to the understanding and agreement of Owner and APCHA that(i) ownership of
the APCHA Interest only gives APCHA the right to enforce the deed restriction on the
Affordable Housing Units, and does not give APCHA any authority or rights that are not
specifically set forth in the deed restriction, (ii) in all other respects, APCHA shall be
deemed to have no ownership interests, rights or responsibilities in connection with the
Affordable Housing Units or the Cortina Lodge Property, and the record owner of the
remaining interest in the Cortina Lodge Property shall have full right and authority to
lease, encumber, or otherwise deal with the Cortina Lodge Property and the Affordable
Housing Units therein as if such owner held a 100 percent ownership interest therein,
(iii) APCHA shall have no liability to third persons arising solely out of its ownership of
the APCHA Interest, and Owner(and any successor or assign of Owner in the ownership
of the Cortina Lodge Property) shall indemnify APCHA and the City from and against
any claims, liabilities, losses, damages, fees or expenses arising solely out of the
ownership of the APCHA Interest, and (iv)the APCHA Interest will be conveyed to the
then record owner of the remaining interest in the Cortina Lodge Property if and when
the Colorado legislature or a court of competent jurisdiction legalizes the imposition of
rent restrictions on affordable housing units.
(e) Owner reserves the right to provide substitute affordable housing for the
affordable housing being provided in the Cortina Lodge, subject to the prior approval of
the City of Aspen.
3.3 Affordable Housing Mitigation. The renovated Hotel Jerome's additional net
leasable commercial area will require affordable housing mitigation for a total of 1.42
employees, one (1) of which will be housed at the renovated Cortina Lodge. The remaining 0.42
employees will be mitigated by a cash-in-lieu payment by Owner to the City prior to issuance of
a Building Permit for the Hotel renovations. The amount of such payment shall be calculated
based on an average of APCHA's Category 2 and Category 3 payment-in-lieu fees in effect at
the time of Building Permit submittal.
3.4 Construction in Accordance with Plans and HPC Resolutions.
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 D 0.00
(a) Hotel Jerome. The Hotel Jerome renovation, and all of its component
parts, shall be accomplished in substantial compliance with the Hotel Jerome Final PUD
Development Plan and with all architectural plans and elevations, utility plans, drainage
plans, and landscape plans that are recorded contemporaneously with the recording of
this 2007 PUD Agreement. In addition, the Hotel Jerome renovation shall comply with
the conditions of approval set forth in HPC Resolution No. 37 (Series of 2006),to wit:
(i) All replacement windows on the ground floor must be of wood.
Upper floor windows are permitted to be clad. Cut sheets must be submitted for
review and approval by HPC staff and monitor. If there are any historic windows
left on the building, they must be repaired and preserved. Tinted glass is not
approved for any of the window units. Detailed drawings of the window openings
proposed to be restored at the sidewalk level on the east fagade must be reviewed
and approved by HPC staff and monitor.
(ii) Awnings are only approved for the J-Bar and "Jerome Shop"
spaces. The proposed awnings must be,redesigned for review and approval by
HPC staff and monitor in order to more closely match the historic awnings. The
awnings for the J-Bar and"Jerome Shop"will be retractable and removable.
Upper awnings must be mocked-up for review and approval or denial by the HPC
Board. HPC staff and monitor will review proposed signage.
(iii) Metal balcony railings on the exterior of the building must be
mocked-up for review and approval or denial by the HPC Board.
(iv) No new column features or materials that are inconsistent with the
design of the original columns can be added.
(v) The Final Lighting Plan must be reviewed and approved by HPC
staff and monitor, as set forth in Section 3.8(a)below. The proposed decorative
exterior light fixtures, in particular sconces, must be restudied to be less
contemporary. The HPC Board supports a design competition for the pendant
lamp at the Hotel entry, with the understanding that the HPC staff and monitor
must still grant approval.
(vi) Any historic materials must be repaired in place, and to the extent
that portions of the parapet require reconstruction, it should be based on
documented evidence and photographs of the original appearance.
(vii) All other masonry repairs, including cleaning, repointing,
application of a sealer, etc., will require further information and approval by HPC
staff and monitor.
(viii) The sidewalk treatment must be reviewed and approved by staff
and monitor.
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 D 0.00
(ix) There shall be no deviations from the exterior elevations as
approved without first being reviewed and approved by HPC staff and monitor, or
the full HPC Board.
(x) These conditions of approval must be printed on the cover sheet of
_—_— ---the building-permit_plan-set and all-other-prints made for the purpose of
construction.
(b) Cortina Lodge. The Cortina Lodge renovation and reconfiguration, and
all component parts thereof, shall be accomplished in substantial compliance with the
architectural plans and elevations therefor that are recorded contemporaneously with the
recording of this 2007 PUD Agreement. In addition,the Cortina Lodge renovation and
reconfiguration shall comply with the conditions of approval set forth in HPC Resolution
No. 6 (Series of 2006),to wit:
(i) Owner shall provide further information about lighting and any
exterior utilities or conduit for review and approval by HPC staff and monitor
before purchase or installation of same.
(ii) Owner shall retain existing door and window openings wherever
possible, even if such openings are made non-functional. Revisions shall be
reviewed by HPC staff and monitor.
(iii) Owner shall install a front door on the two-story structure and a
more appropriate window on the laundry room, guided by old photographs if
available.
(iv) There shall be no deviations from the exterior elevations as
approved without first being reviewed by HPC staff and monitor, or by the full
HPC board.
(v) These conditions of approval shall be printed on the cover sheet of
the building permit plan set and on all other prints made for the purpose of
construction.
(vi) Owner shall provide the-contractor with a copy of HPC Resolution
No. 6 (Series of 2006), and the contractor shall submit a letter addressed to HPC
staff as part of the building permit application indicating that all conditions of
approval contained in said Resolution are known and understood. The contractor
shall also meet with the Historic Preservation Officer prior to applying for the
building permit.
3.5 Guest Transportation. Owner shall provide transportation within the City of
Aspen and Aspen airport pickup and delivery for the guests of the Hotel Jerome. Any vehicle
owned, possessed or operated for such purpose by Owner shall be stored in the Hotel's
underground garage when not in operation.
3.6 Inventory and Treatment of Interior Features of Hotel Jerome.
(a) Prior to or contemporaneously with submittal of an application for a
building permit for the Hotel Jerome renovation, Owner shall submit to the Historic
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 D 0.00
Preservation Officer a written inventory of all original features existing within those
interior areas of the Hotel Jerome that are customarily open to the public, or where the
public is typically invited. The inventory must be accompanied by current photographs,
and copies of any photographs of the interior of the Hotel Jerome available from the
Aspen Historical Society Archives.
(b) The City's Historic Preservation Officer shall review the inventory and
shall verify the completeness thereof. Any overlooked elements that can be documented
as original shall be added to the inventory. The inventory shall also identify the proposed
treatment of the items on the inventory. To the extent there is any disagreement between
Owner and the Historic Preservation Officer,the Owner may appeal the matter to the
City Manager. The City Manager's decision in the matter shall be final,unless such
decision is appealed by the Owner to the City Council, which body shall then conduct a
de novo review of the issue.
(c) Once the proposed treatment is mutually agreed upon by City and Owner,
no changes in treatment shall be allowed without the prior consent of the Historic
Preservation Officer, subject to the appeal rights of Owner described in Section 3.6(b)
above.
3.7 Cortina Lodge Historic Landmark Designation. Before a building permit is
issued for the renovation of the Hotel Jerome, Owner shall submit to the HPC an application for
Historic Landmark Designation for the Cortina Lodge pursuant to Section 26.415.030.13 of
Aspen Municipal Code, "Criteria for Listing on Aspen Inventory of Historic Landmark Sites and
Structures".
3.8 Hotel Jerome Landscape Improvements.
(a) Owner shall record a Conceptual Landscape Plan for the Hotel Jerome
Property as part of the Final PUD Development Plan, and shall submit a Final Landscape
Plan for the Hotel Jerome Property for review and approval by the City Parks
Department and the HPC staff and monitor prior to issuance of a building permit for the
Hotel renovation(the "Final Landscape Plan"). Owner shall be responsible for
implementing the Final Landscape Plan, and landscaping improvements shall be
accomplished as subdivision improvements in accordance with Article IV of this 2007
PUD Agreement.
—(b) All-landscaping in the public right-of-way shall meet the requirements set
forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of-Way,
and shall be approved by the City Parks Department prior to installation. Before installing
any landscaping or other improvements in the public right-of-way, Owner shall obtain a
Revocable Encroachment License (in the event required) from the City Engineering
Department.
(c) Owner shall obtain a tree removal permit from the Parks Department and
pay the applicable tree removal fee (in the event required)prior to issuance of a building
8
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01/30/200702:24;
JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 D 0.00
permit for the Hotel renovation. The permit shall be submitted with the building permit
application.
(d) Owner shall install tree saving construction fences around the drip line of
any trees to be saved on the Hotel Jerome Property as approved by the Parks Department.
The Parks Department must-inspect-and-approve-the fence location before any
construction activities commence. No storage of materials, storage of construction
equipment, construction backfill, or foot or vehicular traffic shall be allowed within the
fenced drip line. Any work and/or minor excavation for the installation of additional
landscaping, property fences and surface materials located within the drip line protection
zone will be required to be hand excavation only with no over digging. All work within
the drip line requires oversight from the Parks Department for approval of soil
amendments,root pruning and grade changes. Excavations outside of the tree protection
zone shall address tree and root protection in the following way: All roots shall be cut
prior to full excavation using a clean sharp pruning saw; all roots will be cut flush with
the exposed soil line; six inches of mulch is required to be placed within the zone of
vegetation protection and maintained at a level of six inches during the entire project;
irrigation of trees is required throughout the entire duration of the project with the
contractor supplying water to the trees at a rate which is appropriate for proper health.
burlap shall be placed over the edge of the excavation covering all freshly cut roots;
contractor will irrigate the burlap with an appropriate amount of water in order to keep
the burlap moist, preventing the ends of the roots from drying out.
3.9 Utilities.
(a) Owner shall comply with the City of Aspen Water System Standards, with
Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City Water
Department.
(b) Owner shall comply with the Aspen Consolidated Sanitation District's
rules and regulations.No clear water connections (roof, foundation, perimeter drains)
shall be allowed to ACSD lines. A completed tap permit for service with the District shall
be submitted with the building permit application for the Hotel renovation.
(c) Owner shall comply with all Fire Marshal requirements in connection with
the Hotel renovation.
3.10 Engineering Requirements and Conditions.
(a) No construction material or dumpsters shall be stored on the public rights-
of-way unless a temporary encroachment license is obtained from the City Engineer.
(b) Owner shall submit a construction management plan to the City
Engineering Department with the building permit application for the Hotel renovation,
and shall abide by any additional construction management requirements in effect when
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the building permit application is filed. The management plan shall include a noise,
fugitive dust control, and construction traffic and construction parking management plan
which address, at a minimum, the following issues:
(i) A fugitive dust control plan including proposed construction
fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent
paved roads, construction speed limits, and other measures necessary to prevent
windblown dust from crossing the property line.
(ii) A description of construction debris hauling routes and associated
impacts on adjoining streets; and
(iii) Construction parking mitigation. Except for essential trade trucks,
no other personal trucks shall be parked in the area around the site. The City
encourages that site workers be shuttled in from the airport parking area.
(iv) Owner shall not track mud onto City streets during construction. A
washed rock or other style mud rack must be installed during construction.
(v) Owner shall abide by all noise ordinances. Construction activity is
limited to the hours between 7:00 a.m. and 7:00 p.m. on Monday through
Saturday.
3.11 Air Quality Impact Fee. Before a building permit is issued for the Hotel
renovation, Owner shall pay to the City an Air Quality Impact Fee in an amount calculated in
accordance with the regulations in effect at the time of building permit submittal.
3.12 Park Development Impact Fee. Before a building permit is issued for the Hotel
renovation, Owner shall pay to the City a Park Development Impact Fee in an amount calculated
in accordance with the methodology and fee schedule in effect at the time of building permit
submittal. No new bedrooms or commercial space are being created at the Cortina Lodge, hence
no Park Development Impact Fee is due and payable in connection with that project.
3.13 School Land Dedication Fee. No School Land Dedication Fee is required for
either the Hotel renovation or the Cortina Lodge renovation, as no subdivision of either Property
is occurring or approved.
3.14 Exterior Lighting. All exterior lighting within the Hotel Jerome Property shall
comply with Section 26.575.150, Outdoor Lighting, of the Aspen Municipal Code unless
otherwise exempted by the Community Development Director. A Lighting Plan shall be
submitted for review and approval by the HPC Monitor prior to issuance of a building permit for
the Hotel renovation.
3.15 Building Permit Matters. Prior to issuance of a building permit for the Hotel
renovation, the following shall occur:
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(a) The primary contractor shall submit a letter to the Community
Development Director and to HPC staff stating that the conditions of approval of the
Hotel renovation have been read and understood including, without limitation, the
conditions set forth in HPC Resolution No. 37 (Series of 2006), and must meet with the
Historic Preservation Officer before submitting the building permit application.
(b) The primary contractor and/or superintendent shall obtain a specialty
license in historic preservation.
(c) . All tap fees, impact fees, housing fees and building permit fees shall be
paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact
fee is finalized, those fees shall be payable according to the agreement.
(d) Prior to any demolition, Owner shall complete the Building Department's
asbestos checklist and, if necessary, a person licensed by the State of Colorado to perform
asbestos inspections shall conduct an inspection. The Building Department cannot sign
any building permits until submittal of this report. If there is a finding of no asbestos,the
demolition can proceed. If asbestos is present, a licensed asbestos removal contractor
must be retained to remove it.
ARTICLE IV
A. HOTEL JEROME LANDSCAPING IMPROVEMENTS
Owner shall complete the landscaping of the Hotel Property and of the adjoining
public right-of-way in accordance with the Final Landscape Plan referred to in Section
3.8(a) above, no later than six (6) months following the issuance of a Certificate of
Occupancy for the Hotel renovation. Owner shall be responsible for ensuring the success
of all landscaping installed pursuant to the Final Landscape Plan for a period of two (2)
years following the date of installation, and shall replace any landscaping that fails during
such two (2) year period. Owner or it successors or assigns shall have the right to plant
additional native vegetation within the Hotel Property, as it may consider appropriate
from time to time, without further approvals being required. Before a building permit is
issued for the renovation, Owner shall provide the City Engineering Department and the
City Parks Department with a cost estimate for the proposed landscaping improvements
(including two (2) years of maintenance thereof)prepared by a landscaping contractor
licensed in the State of Colorado, and the Engineering Department shall approve the cost
estimate.
B. FINANCIAL ASSURANCES
In order to ensure construction and installation of the landscaping improvements
described in Section A above, and to guarantee 125 percent of the approved estimated cost of the
landscaping improvement(including two (2) years of maintenance thereof), Owner shall provide
to the City an irrevocable letter of credit from a financially responsible lender in the amount of
the approved estimated cost of such landscaping improvements. Said letter of credit shall be
provided to the City prior to the issuance of a building permit for the Hotel renovation, shall be
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in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the
City the unconditional right, upon default by Owner, to draw funds as necessary and upon
demand to partially or fully complete and/or pay for any of such improvements or pay any
outstanding and delinquent bills for work done thereon by any party, with any excess letter of
credit amount to be applied first to additional administrative or legal costs associated with any
such default and the repair or deterioration in improvements already constructed before the
unused remainder, if any, of such letter of credit is released to Owner.
Provided, however, that Owner shall be given fourteen(14) days' written notice of
default (and the right to cure during said period)prior to the City's ability to make a draw under
the letter of credit. Notwithstanding the foregoing, delays or other problems resulting from acts
of God or other events beyond the reasonable control of Owner shall not constitute a default
hereunder so long as a good faith effort is being made to remedy the problem and the problem is
in fact resolved within a reasonable period of time following its occurrence. As portions of the
improvements required are completed,the City Engineer shall inspect them, and upon approval
and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of
credit equal to the agreed estimated cost for the completed portion of the improvements;
provided, however, that twenty-five percent (25%) of the estimated cost thereof shall be retained
until the landscaping improvements have been maintained in a satisfactory condition for two (2)
years.
It is the express understanding of the parties that compliance with the procedures set forth
in Article V below pertaining to defaults under and amendments to this 2007 PUD Agreement
shall not be required with respect to the enforcement and implementation of these financial
assurances and guarantees to be provided by Owner as set forth above.
ARTICLE V
NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS
In the event that the City Council determines that Owner is not acting in substantial
compliance with the terms of this 2007 PUD Agreement, the City Council shall notify Owner in
writing specifying the alleged non-compliance and asking that Owner remedy the alleged non-
compliance within such reasonable time as the City Council may determine, but not less than 30
days. If the City Council determines that Owner has not complied within such time,the City
Council may issue and serve upon Owner a written order specifying the alleged non-compliance
and requiring Owner to remedy the same within thirty(30) days. Within twenty (20) days of the
receipt of such order, Owner may file with the City Council either a notice advising the City
Council that it is in compliance or a written petition requesting a hearing to determine any one or
both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, or
(b) Whether a variance, extension of time or amendment to this 2007 PUD
Agreement should be granted with respect to any such non-compliance which is determined to
exist.
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Upon the receipt of such petition,the City Council shall promptly schedule a hearing to
consider the matters set forth in the order of non-compliance and in the petition. The hearing
shall be convened and conducted pursuant to the procedures normally established by the City
Council for other hearings. If the City Council determines by a preponderance of the evidence
that a non-compliance exists which has not been remedied, it may issue such orders as may be
appropriate, including the imposition of daily fines until such non-compliance has been
remedied, the withholding of permits and/or certificate of occupancy, as applicable; provided,
however, no order shall terminate any land use approval. The City Council may also grant such
variances, extensions of time or amendments to this 2007 PUD Agreement as it may deem
appropriate under the circumstances.
The parties expressly acknowledge and agree that the City Council shall not unreasonably
refuse to extend the time periods for performance hereunder if Owner demonstrates by a
preponderance of the evidence that the reasons for the delay(s) which necessitate said
extension(s) result from acts of God or other events beyond the reasonable control of Owner,
despite good faith efforts on its part to perform in a timely manner.
ARTICLE VI
PRIOR INSTRUMENTS AND APPROVALS
6.1 Amended and Restated Planned Unit Development Agreement—Hotel Jerome—
Renovation and Addition recorded September 15, 1986 in Book 518 at Page 921 as Reception
No. 281483.
6.2 Supplemental PUD Agreement—Hotel Jerome recorded June 12, 1991 in Book
648 at Page 376 as Reception No. 333508 and rerecorded July 9, 1991 in Book 650 at Page 952
as Reception No. 334427.
6.3 Amended and Restated Planned Unit Development Plat—Hotel Jerome—
recorded September 15, 1986 in Plat Book 19 at Page and related drawings recorded
contemporaneously therewith.
6.4 Second Amendment to Amended and Restated Planned Unit Development Plat—
Hotel Jerome—recorded July 1, 1991 in Plat Book 26 at Page 89.
6.5 Ordinance No. 70 (Series of 1990) of the Aspen City Council, amending the Final
PUD Development Plan for the Hotel Jerome.
6.6 Declaration of Covenants, Restrictions and Conditions for the Cortina Lodge
recorded December 16, 1988 in Book 581 at Page 332 as Reception No. 307031.
6.7 Amendment to Cortina Declaration of Covenants, Restrictions and Conditions
recorded June 12, 1991 in Book 648 at Page 373 as Reception No. 333507.
6.8 Resolution No. 1 (Series of 1987) of the Aspen City Council, granting substitution
of Cortina Lodge Employee Units for On-Site Hotel Jerome Employee Units, recorded June 6,
1990 in Book 622 at Page 347 as Reception No. 323313.
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16.001/300200.000 2.24E
ARTICLE VII
GENERAL PROVISIONS
7.1 The provisions hereof shall be binding upon and inure to the benefit of Owner and
City and their respective successors and assigns.
7.2 This 2007 PUD Agreement shall be subject to and construed in accordance with
the laws of the State of Colorado.
7.3 If any of the provisions of this 2007 PUD Agreement or any paragraph, sentence,
clause, phrase, word, or section or the application thereof in any circumstance is invalidated,
such invalidity shall not affect the validity of the remainder of this 2007 PUD Agreement, and
the application of any such provision,paragraph, sentence, clause, phrase, word, or section in
any other circumstance shall not be affected thereby.
7.4 This 2007 PUD Agreement and the exhibits attached hereto contain the entire
understanding between the parties hereto with respect to the transactions contemplated
hereunder. Owner, its successors or assigns, may, on its own initiative, petition the City Council
for an amendment to this 2007 PUD Agreement or for an extension of one or more of the time
periods required for performance hereunder. The City Council shall not unreasonably deny such
petition for amendment or extension after considering all appropriate circumstances. Any such
amendments or extensions of time shall only become effective upon the execution by all parties
hereto that are affected by the proposed amendment.
7.5 Numerical and title headings contained in this 2007 PUD Agreement are for
convenience only, and shall not be deemed determinative of the substance contained herein. As
used herein, where the context requires,the use of the singular shall include the plural and the
use of any gender shall include all genders.
7.6 Upon execution of this 2007 PUD Agreement by all parties hereto, City agrees to
approve the Final PUD Development Plan and to accept the same for recordation in the office of
the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fees by
Owner.
7.7 Notices to be given to the parties to this 2007 PUD Agreement shall be considered
to be given if hand delivered or if deposited in the United States Mail to the parties by registered
or certified mail at the addresses indicated below, or such other addresses as may be substituted
upon written notice by the parties or their successors or assigns:
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SAN
ICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 D 0.00
CITY: City of Aspen
City Manager
130 South Galena Street
Aspen, CO 81611
OWNER Hotel Jerome, Inc.
c/o The Broadmoor Hotel
P.O. Box 1439
Colorado Springs, CO 80901
With Copy to: Arthur C. Daily, Esq.
Holland&Hart LLP
600 East Main Street
Aspen, CO 81611
7.8 This 2007 PUD Agreement may be executed in counterparts, in which case all
such counterparts together shall constitute one and the same instrument which is binding on all
of the parties thereto, notwithstanding that all of the parties are not signatory to the original or
the same counterpart. Facsimile signatures shall be treated as original signatures hereon.
7.9 The terms, conditions, provisions and obligations herein contained shall be
deemed covenants that run with and burden the Property and any and all owners thereof or
interests therein,their respective successors, grantees or assigns, and further shall inure to the
benefit of and be specifically enforceable by or against the parties hereto,their respective
successors, grantees or assigns.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the
day and year first above written.
CITY: City of Aspen, Colorado, a Colorado
municipal corporati
By:
Mayor
Attest:
L
Kathryn S. Koch, City Clef
APPROVED AS TO FORM:
4�4orce�ster, City Attorney
15
OWNER: Hotel Jerome, Inc.
By:
Its: I
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ?J' 4OAay of
2007, by Helen Klanderud as Mayor and Kathryn S: Koch as City Clerk of
yhleli�Myof en, Colorado, a municipal corporation.
Witness my hand and official seal.
M commission expires: �I pUe��C
"
SpG
ary Public jai,
0
r4TE OF Gpti.
STATE OF COLORADO )
ss.
COUNTY OF I Ptt
The foregoing instrument was acknowledged before me this �, t�, day of
2007, by.5'� ��e tic-Aok';rn as of Hotel
Jerome, Inc., a Colorado corporation.
Witness my hand and official seal.``
My commission expires:
\P
Notary Public
3646668_2.DOC JgNICE �Page: 16 o 23
K VOs CAUDILL PITKIN COUNTY CO 01/30/2007 02:24F
R 116.00 D 0.00
16
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Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sections:
26.575.010 General.
26.575.020 Calculations and measurements.
26.575.030 Open Space.
26.575.040 Yards.
26.575.045 Junk Yard and Service Yards.
26.575.050 Fences.
26.575.060 Utility/trash service areas.
26.575.070 Use square footage limitations.
26.575.080 Child care center.
26.575.090 Home occupations.
26.575.100 Landscape maintenance.
26.575.110 Building envelopes.
26.575.120 Satellite dish antennas.
26.575.130 Wireless Telecommunication Services Facilities and Equipment
26.575.140 Accessory uses and accessory structures.
26.575.150 Outdoor Lighting.
26.575.160 Dormitory.
26.575.170 Fuel storage tanks
26.575.180 Restaurant.
26.575.190 Farmers' market.
26.575.200 Group Homes.
26.575.010 General.
Regulations specified in other sections of this Title shall be subject to the following supplemental
regulations.
26.575.020 Calculations and measurements.
The purpose of this Section is to set forth supplemental regulations which relate to methods for
calculating and measuring certain enumerated terms as used in this Title. The definitions of the terms
are set forth at Section 26.104.100.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following
applies:
1. General.In measuring floor area for the purposes of calculating floor area ratio and allowable
floor area,there shall be included that floor area within the surrounding exterior walls(measured
from their exterior surface) of a building, or portion thereof.
2. Decks Balconies Porches Loggias and Stairways. The calculation of the floor area of a
building or a portion thereof shall not include decks,balconies, exterior stairways,terraces and
689 (Aspen Supp.No.2,4-03)
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similar features,unless the area of these features is greater than fifteen(15)percent of the maxi-
mum allowable floor area of the building(the excess of the 15%shall be included).Porches shall
not be counted towards FAR.
3. Garages Carports and Storage Areas.In all zone districts except the R-1 5-13 zone district,for
the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is
residential, garages, carports, and storage areas shall be excluded up to a maximum area of two
hundred fifty(250) square feet per dwelling unit; all garage, carport, and storage areas between
two hundred fifty(250)and five hundred(500)square feet shall count fifty(50)percent towards
allowable floor area; all garage, carport and storage areas in excess of five hundred(500) square
feet per dwelling unit shall be included as part of the residential floor area calculation. For any
dwelling unit which can be accessed from an alley or private road entering at the rear or side of
the dwelling unit,the garage shall only be excluded from floor area calculations up to two hun-
dred fifty(250) square feet per dwelling unit if it is located on said alley or road; all garage, car-
port and storage areas between two hundred fifty(250)and five hundred(500) square feet shall
count fifty(50)percent towards allowable floor area.For the purposes of determining the exclu-
sion,if any,applicable tog Ves carports,and storage areas,the area of all structures on a parcel
shall be aggregated.In the 1B one district,garage,carport,and storage areas shall be limited to
a five hundred(500) square oot exemption
4. Subgrade areas.To determine the portion of subgrade areas that are to be included in calculat-
ing floor area,the following shall apply:
a. For any story that is partially above and partially below natural or finished grade,which-
ever is lower,the total percentage of exterior surface wall area that is exposed above the most
restrictive of the grades shall be the total percentage of the gross square footage of the subject
story included in the floor area calculation. Subgrade stories with no exposed exterior surface
wall area shall be excluded from floor area calculations.
(Example: If fifteen (15) percent of the exterior surface wall area has been exposed above
natural or finished grade (whichever is lower),then fifteen (15) percent of the gross square
footage of the subject story will be included as floor area.)
b. Also excluded from floor area calculations shall be any portion of a subgrade accessory
dwelling unit whose exterior surface wall area is exposed above grade for glass, window
openings, doors, and similar ways of getting light and air into the unit, or that provides re-
quired Uniform Building Code egress to the unit. The maximum amount of this exclusion
shall be one hundred(100) s.f of the floor area of the accessory dwelling unit.
c. For any dwelling unit that can be accessed from an alley or private road entering at the rear or
side of the dwelling unit, the garage or carport shall only be eligible for the exclusions described in
sub-sections a. and b. if it is located along said alley or road.
(ATea Supp.No.2,"3) 690
26.575.020
d. In the R-15B zone district only, garages, carports, and storage areas shall be excluded
from residential floor area calculations up to a maximum of five hundred(500)square feet per
dwelling unit.
5. (Repealed by Ord.No. 56-2000, § 8)
6. Accessory Dwelling Units.An Accessory Dwelling Unit shall be calculated and attributed to
the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor
Area as defined in this section,unless eligible for an exemption as described below:
Detached and permanently affordable ADU Floor Area Exemption. One hundred(100)per-
cent of the Floor Area of an ADU which is detached from the primary residence and deed re-
stricted as a"For Sale"affordable housing unit and transferred to a qualified purchaser in accor-
dance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be ex-
cluded from the calculation of Floor Area.
7. Linked Pavilion.Any element linking the principal structure to an accessory structure shall not
be included in the calculation of floor area provided that the linking structure is no more than one
(1) story tall, six(6)feet wide.and ten(10) feet long.Areas of linking structures in excess of ten
(10) feet in length shall be counted in floor area.
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690-1 (Aspen Supp.No.2,4-03)
EXHIBIT
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OCCUPANCY DEED RESTRICTION AND AGREEMENT
AFFORDABLE HOUSING UNITS
CORTINA LODGE
THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT (the "Deed
Restriction") is made and entered into this day of , 2007, by and between
HOTEL JEROME, INC., a Delaware corporation, whose address is c/o The Broadmoor Hotel,
P. O. Box 1439, Colorado Springs, CO 80901 (hereinafter referred to as "Owner"), and the
ASPEN/PITKIN COUNTY HOUSING AUTHORITY,a multi jurisdictional housing
authority established pursuant to the THIRD AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT recorded on January 8, 2003 at Reception No.
477066 in the Office of the Clerk and Recorder of Pitkin County, Colorado (hereinafter referred
to as "Housing Authority").
WITNESSETH:
WHEREAS, Owner is the owner in fee simple of Lots P and Q, Block 73, City and
Townsite of Aspen, Pitkin County, Colorado, on which is situated a renovated structure known
as the Cortina Lodge (hereafter,the "Cortina Lodge"); and
WHEREAS,the Cortina Lodge contains four (4) studio units and four(4)two-bedroom
dormitory suites (each, an"Affordable Housing Unit" and collectively, the "Affordable Housing
Units"),together with a common kitchen, dining area and laundry, as authorized and approved
by Ordinance No. 42 (Series of 2006) adopted by the Aspen City Council on December 11, 2006
and recorded , 2007 in said records. The Affordable Housing Units are depicted on
the floor plans attached hereto as Exhibit A and made a part hereof by this reference, and contain
the following net livable areas,to wit:
Unit Number Unit Type Net Livable Area
Unit 1 Studio square feet
Unit 2 Studio square feet
Unit 3 Studio square feet
Unit 4 Studio square feet
Unit 5 2-bdrm. dorm suite square feet
Unit 6 2-bdrm. dorm suite square feet
Unit 7 2-bdrm. dorm suite square feet
Unit 8 2-bdrm. dorm suite square feet
The foregoing variation of APCHA's minimum size requirements for Category 1
Affordable Housing Units was approved by the City of Aspen in Section 10 of said Ordinance
No. 42 (Series of 2006); and
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 D 0.00
WHEREAS, in accordance with said Ordinance No. 42 (Series of 2006) and the 2007
Hotel Jerome PUD Agreement recorded , 2007 at Reception No.
in said records, Owner desires by this instrument to deed restrict the use and occupancy of the
Affordable Housing Units to persons who are employed in Pitkin County(and their families) and
who_meet_the_qualification_guidelines_setfordiin_theAspen/Pitkin_County_Affordable Housing__ _
Guidelines established and indexed by the Housing Authority on an annual basis (the
"Guidelines"); and
WHEREAS, as set forth in Paragraph 1(f and g) of that certain Master Termination
Agreement recorded , 2007 as Reception No. in said records, the
previous Declaration of Covenants, Restrictions and Conditions for the Cortina Lodge recorded
December 16, 1988 in Book 581 at Page 332 as Reception No. 307031, as amended by
Amendment to Cortina Declaration of Covenants, Restrictions and Conditions recorded June 12,
1991 in Book 648 at Page 373 as Reception No. 333507,.shall be deemed fully and forever
vacated,terminated, cancelled, released, extinguished null, void, and of no further force or effect
whatsoever upon the recording of this Deed Restriction.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
set forth herein and for other good and valuable considerations, the receipt and sufficiency of
which are hereby acknowledged, the Owner covenants and agrees as follows:
1. The Affordable Housing Units shall at all times be rented in accordance with the
terms of this Deed Restriction.
2. The use and occupancy of the Affordable Housing Units shall henceforth be
limited exclusively to housing for persons who are employed in Pitkin County(and their
families)who meet the definition of"qualified Category 1 employee" as that term is defined by
the Guidelines. Owner shall give first priority for occupancy of the Affordable Housing Units to
employees of the Hotel Jerome. Any Affordable Housing Units not rented by Owner to Hotel
Jerome employees may be rented to any"qualified Category 1 employee selected by Owner. If
the Owner does not lease an Affordable Housing Unit to a qualified employee of his own
selection,then the Housing Authority shall select the tenant in accordance with the Guidelines.
Employees shall be qualified by the Housing Authority as to employment, maximum income and
asset limitations.
3. Written verification of employment of employee(s) proposed to reside in an
Affordable Housing Unit shall be completed and filed with the Housing Authority by Owner
prior to occupancy thereof, and such verification must be accepted by the Housing Authority.
4. An Affordable Housing Unit shall be rented for periods of no less than six (6)
consecutive months. Upon vacancy of an Affordable Housing Unit, Owner is granted forty-five
(45) days in which to locate a qualified employee, unless a longer period is authorized by the
Housing Authority. Approval for such additional time may be requested by Owner for repair
and/or refurbishment of an Affordable Housing Unit, for renovation and/or redevelopment of the
Cortina Lodge property, or for an unexpected breach of the lease agreement by the tenant, and
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such approval shall not be unreasonably withheld or delayed by the Housing Authority. If a
qualified employee is not placed in an Affordable Housing Unit within the above-prescribed
period, the Housing Authority may rent the Affordable Housing Unit to a qualified employee of
its own selection.
5.. —The_maximum..rentaLrate-fonan_Affordable Housing Unit_shallnot_exceed the
Category I rental rate as set forth in the Rental Guidelines established by the Housing Authority
as part of the Guidelines, subject to annual adjustment as permitted by the Guidelines. The
maximum permitted rent for the studio units on the date of execution of this Deed Restriction is
$ per month, and the maximum permitted rent for the 2-bedroom dormitory suites on the
date of execution of this Deed Restriction is $ per month. Rent shall be verified and
approved by the Housing Authority upon submission and approval of the lease.
6. Each Affordable Housing Unit must meet minimum occupancy requirements as
stipulated in the Guidelines, i.e., one person per bedroom.
7. A written lease agreement shall be executed by Owner and the tenant for each
occupancy of an Affordable Housing Unit, and shall provide for a minimum rental term of
six (6) consecutive months, subject always to the Owner's right to terminate the lease if the
tenant defaults in the performance of the tenant's obligations thereunder. An executed copy of
the lease shall be provided to the Housing Authority by Owner within ten(10) days of the
Housing Authority's approval of the proposed tenant.
8. The terms and provisions of this Deed Restriction shall constitute covenants
running with the title to the Cortina Lodge property as a burden thereon for the benefit of, and
shall be specifically enforceable by, the Housing Authority,the City of Aspen, Colorado, and
their respective successors and assigns, by any appropriate legal action including, but not limited
to, injunction, abatement, or eviction of non-qualified tenants.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the
day and year first above written.
OWNER: HOTEL JEROME, INC.,
a Delaware corporation
By:
Its:
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing Deed Restriction was acknowledged before me this_day of
, 2007, by as of Hotel Jerome, Inc., a
Delaware corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
ACCEPTANCE BY HOUSING AUTHORITY
The foregoing Deed Restriction and its terms are accepted by the Aspen/Pitkin County
Housing Authority this day of ) 2007.
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
By:
Chairperson
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Acceptance was acknowledged before me this day of ,
2007, by as Chairperson of the Aspen/Pitkin County Housing
Authority Board.
Witness my hand and official seal.
My commission expires:
Notary Public
3654258 1.DOC
533925
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 D 0.00
533929
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00
MASTER TERMINATION AGREEMENT- - - - - - -
HOTEL JEROME-P-UD --------- -
THIS MASTER TERMINATION AGREEMENT (the "Termination
Agreement") is made and entered into as of the day of , 2007, by and
between THE CITY OF ASPEN, COLORADO, a munici corporat', n (hereinafter
referred to as "City"), and HOTEL JEROME, INC., a Delaware corporation
(hereinafter referred to as "Owner"),
WITNESSETH:
WHEREAS, pursuant to Ordinance No. 42 (Series of 2006) adopted on
December 11, 2006, the Aspen City Council granted final approval of a PUD
Amendment for the Hotel Jerome Property described in said Ordinance, including an
extensive renovation of the existing Hotel Jerome, an expansion of the Hotel's existing
net leasable commercial area, the reconfiguration and renovation of the Hotel's Main
Street and Mill Street courtyards, and the elimination of a prior condition that a portion
of the Hotel's parking garage be reserved for Hotel employees. The PUD Amendment
also approved the renovation of the existing Cortina Lodge situated on the Cortina
Lodge Property described on said Ordinance to meet the Hotel's employee housing
mitigation requirements; and
WHEREAS, in accordance with said Ordinance No. 42 (Series of 2006), Owner
and City have executed that certain 2007 Hotel Jerome PUD Agreement, which
instrument was recorded ' 3� , 2007 as Reception No. �� in the
Office of the Clerk and Recorder of Pitkin County, Colorado (the "2007 PUD
Agreement"); and
WHEREAS, Section 1.2 of the 2007 PUD Agreement provides that it is the
intent of the parties thereto that the 2007 PUD Agreement effectively supersede and
replace in their entirety certain previously recorded plats, PUD agreements, protective
covenants, and land use approvals that encumber the Hotel Jerome Property and/or the
Cortina Lodge Property, including without limitation those matters identified in Article
VI of the 2007 PUD Agreement, and further provides that the City and Owner shall
cooperate in the execution and recording of such documents as may be necessary or
appropriate to accomplish the vacation and/or termination of such prior instruments and
approvals; and
WHEREAS, City and Owner desire by this Termination Agreement to
accomplish the vacation and/or termination of such prior instruments and approvals.
1111 Mill 111111111111111111111111111 533..._„ 9
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01/30/2007 02:25;
JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained and for other good and valuable considerations, the receipt
and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Vacation and Termination of Instruments and Approvals. From and
after the execution and recording of this Termination Agreement by City and Owner,
the following-described recorded PUD agreements, plats, protective covenants, and land
use approvals, and all covenants, agreements, obligations, approvals, conditions,
benefits and burdens set forth therein, shall be and shall be deemed fully and forever
vacated, terminated, cancelled, released, extinguished, null, void, and of no further
force or effect whatsoever, and shall no longer constitute either a burden upon or a
benefit to all or any part of the Property or either of the parties hereto or their
respective successors and assigns, to wit:
(a) Amended and Restated Planned Unit Development Agreement —
Hotel Jerome — Renovation and Addition recorded September 15, 1986 in Book 518 at
Page 921 as Reception No. 281483.
(b) Supplemental PUD Agreement — Hotel Jerome recorded June 12,
1991 in Book 648 at Page 376 as Reception No. 333508 and rerecorded July 9, 1991 in
Book 650 at Page 952 as Reception No. 334427.
(c) Amended and Restated Planned Unit Development Plat — Hotel
Jerome — recorded September 15, 1986 in Plat Book 19 at PagO and related drawings
recorded contemporaneously therewith.
(d) Second•Amendment to Amended and Restated Planned Unit
Development Plat — Hotel Jerome — recorded July 1, 1991 in Plat Book 26 at Page 89.
(e) Ordinance No. 70 (Series of 1990) of the Aspen City Council,
amending the Final PUD Development Plan for the Hotel Jerome.
(f) Declaration of Covenants, Restrictions and Conditions for the
Cortina Lodge recorded December 16, 1988 in Book 581 at Page 332 as Reception No.
307031.**
(g) Amendment to Cortina Declaration of Covenants, Restrictions and
Conditions recorded June 12, 1991 in Book 648 at Page 373 as Reception No.
333507.**
(h) Resolution No. 1 (Series of 1987) of the Aspen City Council,
granting substitution of Cortina Lodge Employee Units for On-Site Hotel Jerome
Employee Units, recorded June 6, 1990 in Book 622 at Page 347 as Reception No.
323313:
** These two documents shall remain in full force and effect until the Deed
Restriction attached as Exhibit B to the 2007 PUD Agreement is recorded in
the Office of the Clerk and Recorder of Pitkin County, Colorado, upon which
recording said two documents shall be deemed fully and forever vacated,
terminated, cancelled, released, extinguished, null, void, and of no further
force or effect whatsoever.
2. Counterparts and Facsimile Signatures. This Termination Agreement
may be executed in counterparts, in which case all such counterparts together shall
constitute one and the same instrument which is binding on all of the parties thereto,
notwithstanding that all of the parties are not signatory to the original or the same
counterpart, and facsimile signatures shall be treated as original signatures hereon.
3. Binding Effect. This Termination Agreement shall be binding upon and - - - - --
shall inure to the benefit of the parties hereto and their respective successors and
assigns forever.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as
of the day and year first above written.
CITY: The City of Aspen, Co orado, a
municipal corp
so
By:
ayo
Attest:
Kathryn . Koch, City Cler
APPROVED AS TO FORM:
4�n�Worce ter, City Attorney
Owner: Hotel Jerome, Inc., a Delaware
corporati
By:
Its:
533929
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01/30/2007 02:25F
JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN ) ,,ffff,,
The foregoing instrument was acknowledged before me this -2- ay of
2
007, by Helen Klanderud as Mayor and Kathryn S. Koch as, City Clerk of
f rCie t of Aspen, Colorado, a municipal corporation.
Witness my hand and official seal.
My commission expires:���(�- PUt' `
Notary lie �jo� }
STATE OF Col of CLA 0 )
) ss.
COUNTY OF 5,1
The foregoing instrument was acknowledged before me this 1r"1c ay of
2007, by `;�c�hF;a� as ?/- of Hotel
c�r•��is
Jerome, I , a Delaware corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
533929
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01/30/2007 02:25F
JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00
3321546 2.DOC
EXHIBIT
NOTICE OF APPROVAL
For an Insubstantial PUD Amendment to The Hotel Jerome,
300 E.Main Street
Parcel No.: 273707321001
APPLICANT• CLP-Elysian Aspen Owner,LLC
REPRESENTATIVE: Sunny Vann (Vann Associates,LLC)
SUBJECT&SITE OF AMENDMENT: The Hotel Jerome
300 E.Main St.
SUMMARY:
The applicant has requested an Insubstantial PUD Amendment to convert an existing office into a
rentable lodging unit for the hotel.Currently there are 92 rooms in the hotel.
The Amended and Restated 1986 PUD allowed for 94 guest rooms.Affordable housing mitigation was
provided in 1986 for the 94 rooms.Ordinance 42(series of 2006)approved an extensive renovation to the
existing hotel and an expansion of the net leasable space.It also approved the renovation of the Cortina
Lodge to meet the affordable housing mitigation.To date;the major renovations/improvements to the
hotel have not been undertaken,and therefore the housing mitigation has not changed from the 1986
PUD.Additional mitigation is to be provided at the time of a building permit for the overall
renovation/improvements of the hotel,as per Ordinance 42(Series of 2006).Staff has determined that the
proposed change of an office to a rental unit is not associated with the large scale project and is in
compliance with the original 1986 approval of having 94 guest rooms,with affordable housing mitigation
previously provided.
STAFF EVALUATIONS:
Staff supports the proposed change to the Hotel Jerome through an amendment to the PUD.The changes
proposed are consistent with the approvals granted in 1986 and 2006 allowing for 94 rooms. The change
allows for the conversion of an office into a rentable lodging room,which is consistent with the intent of
the former approvals.
DECISION:
The Community Development Director finds the Insubstantial PUD Amendment to be consistent with the
standards within Ordinance No.42,Series 2006,and thereby APPROVES the amendment for the
conversion of an office to a rental unit.
AP ROVED BY:
Chris Bendon Date
Community Development Director
Attachments:
Exhibit A: Approved Changes on Plan Set
Exhibit B: Review Criteria
Exhibit C: Application RECEPTION#: 654143, 11/10/200,3 at
02:01:17 PM,
1 OF 7. R $36.00 Doc Code APPROVAL.
Janice K.Vos Caudill, Pitkin County, Co
pons
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EXHIBIT `B'
A. PUD Insubstantial Amendments.
An insubstantial amendment to an approved development order for a final development
plm may be authorized by the Community Development Director. The following shall
not be considered an insubstantial amendment:
1. A change in the use or character of the development.
There is no change in the use or character of the building/development.
2. An increase by greater than three percent (3%) in the overall coverage of structures on
the land.
There is no change in the overall site coverage, the proposed change is internal.
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
Trip generation and demand for public services will not be impacted by this amendment.
4. A reduction by greater than three percent(3%)of the approved open space.
There is no change to the open space.
S. A reduction by greater than one percent(1%)of the off-street parking and loading space.
There is no change in the parking/loading space.
d. A reduction in required pavement widths or rights-of-way for streets and easements.
There is no change in the ROW's widths, streets or easements.
7. An increase of greater than two percent (2%) in the approved gross leasable floor area of
commercial buildings.
There is no change in the gross leasable floor area.
8. An increase by greater than one percent(1%) in the approved residential density of the
development.
There is no change to the residential aspect of the PUD.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a variation from the project's approved use
or dimensional requirements.
The change is consistent with the projects original approval.
EXHIBIT
9
NOTICE OF APPROVAL
For an Insubstantial Planned Unit Development(PUD)Amendment for the Hotel
Jerome, to allow for a phased development plan in order to initiate the Cortina
Lodge renovation, located at 220 East Main Street.
Parcel ID No. 2737-07-3-20-707
APPLICANT• Jerome Ventures,LLC
REPRESENTATIVE: Sunny Vann of Vann Associates, LLC
SITE & SUBJECT OF AMENDMENT: The Cortina Lodge ("Cortina"), a Planned
Unit Development, City and Townsite of Aspen, Pitkin County, Colorado, commonly
known as 220 East Main Street. The Cortina Lodge affordable housing renovation was
approved through Ordinance No. 42, Series of 2006, which also granted a renovation and
expansion of the Hotel Jerome. Additional approvals related to this site specific
development plan include:
• The PUD agreement("Agreement")recorded in January of 2007;
• Resolution No. 37, Series of 2006 — Historic Preservation Commission final
development plan approval; and
• Resolution No. 6, Series of 2006 — Historic Preservation Commission Minor
Development approval for the Cortina Lodge.
REVIEW PROCEDURE:
The Community Development Department may approve, approve with conditions, or
deny an insubstantial amendment to an approved PUD pursuant to Land Use Code
Section 26.445.100,Planned Unit Development(PUD).
SUMMARY:
On behalf of Jerome Ventures, LLC, Sunny Vann of Vann Associates, LLC has applied
for an Insubstantial Amendment to the approved Hotel Jerome Planned Unit
Development for the purpose of initiating the Cortina. Lodge affordable housing
renovation.
The original approvals, including the Agreement (recorded in January of 2007) did not
establish a phasing plan for the redevelopment. The Applicant seeks to amend the PUD,
thus allowing construction on the Cortina Lodge component prior to beginning the
renovation to the Hotel Jerome. The Hotel Jerome renovation and expansion is
Page lof5
dependent upon two items within the Agreement that must first be satisfied by the
Cortina. These include:
• A deed restriction and a Certificate of Occupancy for the Cortina; and
• Submission of an application for Historic Landmark Designation for the Cortina
Lodge
STAFF EVALUATION:
The approvals for the Hotel Jerome and Cortina were not acted upon in the timeframe
that was initially envisioned. The work was never initiated and the ownership of the
property was transferred. Building permit materials, including architectural drawings,
were the only items completed prior to the vested rights expiring in January of 2010.
The owners of the property would like to begin work on the Cortina Lodge, in accordance
with those approvals granted in 2006 and 2007. This amendment would allow them to do
so, while keeping the Hotel Jerome component dormant. Staff fords this approach
reasonable given Applicant's commitment to satisfy those requirements found within the
Agreement. A two-phased process would be created:
Phase I: Cortina Lodge Component, permitting a renovation (both interior and
exterior) and reconfiguration of the Lodge. The exterior changes have been
approved through Resolution No. 6, Series of 2006 by the Historic Preservation
Commission. Four studio units and four dormitory units will replace the existing
affordable housing configuration and the Cortina will be credited with housing 21
employees on-site. The Certificate of Occupancy and deed restriction for this
phase must be finalized prior to a Certificate of Occupancy being issued for Phase
II.
Phase U: Hotel Jerome Component, to be developed in accordance with those
approvals and conditions found within the final development plan approval (Ord.
No. 42, Series of 2006) and the 2007 Hotel Jerome PUD Agreement. Prior to
receiving a building permit for this phase, the Applicant is required to submit for
a Historic Landmark Designation for the Cortina Lodge.
The impact fees for the Cortina Lodge and Hotel Jerome Renovation have been discussed
by Staff. All zoning impact fees are assessed upon new net leasable area, or new
bedrooms (not new beds). The scope of work for the Cortina includes a reconfiguration
of the affordable housing. There will be a conversion of the existing two bedroom units
into a dormitory category of occupancy with two beds in each bedroom. Therefore,
Phase I does not include any new additional bedrooms, and no fees will be assessed for
this phase. The Hotel Jerome, Phase II, will have Parks Development and TDWAir
Quality fees assessed prior to building permit issuance due to an increase in net leasable
space.
Page 2of 5
DECISION:
The Community Development Director finds the Insubstantial PUD Amendment for
the Hotel Jerome and Cortina Lodge to be consistent with the review criteria
(Exhibit A) and thereby,APPROVES the amendment as specified below.
The approved Insubstantial PUD Amendment for the Hotel Jerome allows for a
phased development plan and the initiation of the Cortina Lodge renovation.
APP OVED BY:
loll
s Bendon Date
Community Development Director
Attachments:
Exhibit A—Review Standards
Exhibit B—Existing and proposed floor plans for the Cort ina Lodge
Page 3of 5
Exhibit A
Hotel Jerome/Cortina Lodge
Insubstantial PUD Amendment: See.26.445.100.A
An insubstantial amendment to an approved development order for a final development
plan may be authorized by the Community Development Director. The following shall
not be considered an insubstantial amendment:
1. A change in the use or character of the development.
Staff finding:
This PUD Amendment will not alter the use of character of the Cortina Lodge or
Hotel Jerome. Adherence will be maintained to prior approvals (including those from
the Historic Preservation Commission) that dictated the materials and appearance of
the buildings. This plan allows for the bifurcation of the approved development for
the Hotel Jerome and Cortina Lodge. Staff fmds this criterion met.
2. An increase by greater than three (3)percent in the overall coverage of structures
on the land
Staff finding:
Not applicable.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities.
Staff fmding:
Not applicable.
4. A reduction by greater than three (3)percent of the approved open space.
Staff finding:
Not applicable.
5. A reduction by greater than one (1) percent of the off-street parking and loading
space.
Staff fmdin�:
Not applicable.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
Staff finding:
Not applicable.
Page 4of 5.
7. An increase of greater than two (2) percent in the approved gross leasable floor
area of commercial buildings.
Staff finding:
The increase of gross net leasable area in the Hotel Jerome was approved through
Ordinance No. 42, Series of 2006. Staff finds this criterion met.
8. An increase by greater than one (1)percent in the approved residential density of
the development
Staff finding:
Not applicable.
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.
Staff finding:
This plan is not inconsistent with the project's original approval and does not require
a variance from the projects dimensional requirements. Staff finds this criterion met.
Page 5of 5
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three-year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Property Owner's Name,Mailing Address and Telephone Number
Jerome Ventures,LLC, 540 West Madison,Chicago,Illinois 60661,(970)948-0813
Legal Description and Street Address of Subject Property
• Hotel Jerome—Subdivision: City and Townsite of Aspen, Block: 79 Lot: A and Lot: Thru I,
and Lots O Thru S &E,20 FT OF LOT N,commonly known as 330 East Main Street.
• Cortina Lode—Subdivision: City and Townsite of Aspen, Block: 73 Lot: P And: Lot:
Q, commonly known as 220 East Main Street.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Insubstantial Amendment to the approved PUD development plan (approved through Ordinance
No.42, Series of 2006).
Land Use Approval(s)Received and Dates(Attach Final Ordinances or Resolutions)
Administrative approval by the Community Development Director for an Insubstantial
Amendment to the Hotel Jerome Planned Unit Development for the creation of phased
development, thus allowing the Cortina Lodge renovation and reconfiguration to occur prior to
the Hotel Jerome component.
Effective Date of Development Order(Same as date of publication of notice of approval.)
July 11 ,2010
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
July 11 ,2013
Is a this, day of July,2010,by the City of Aspen Community Development Director.
Chris Bendon, Community Development Director
EXHIBIT
/d
ORDINANCE#25
(Series of 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO
APPROVING LANDMARK DESIGNATION FOR THE PROPERTY LOCATED AT 220
AND 230 E.MAIN STREET,LOTS P AND Q,BLOCK 73,CITY AND TOWNSITE OF
ASPEN,COLORADO
PARCEL ID: 2737-073-20-707
WHEREAS, the applicant, Jerome Ventures, LLC, represented by Poss Architecture and
Planning, applied for landmark designation for the property Iocated at 220 and 230 E. Main
Street,Lots P and Q, Block 73, City and Townsite of Aspen;and
WHEREAS, Section 26.415.030 of the Aspen Municipal Code establishes the process for
Designation and states that an application for listing on the Aspen Inventory of Historic
Landmark Sites and Structures shall be approved if City Council, after a recommendation from
HPC,determines sufficient evidence exists that the property meets the criteria;and
WHEREAS, Amy Guthrie, in her staff report to HPC dated October 13, 2010, performed an
analysis of the application based on the standards, found that the review standards had been met,
and recommended approval; and
WHEREAS, at their regular meeting on October 13, 2010, the Historic Preservation
Commission considered the application, the staff memo and public comments, and found the
application consistent with the review standards and recommended approval to City Council by a
vote of 5 to 0;and
WHEREAS,the City Council finds that the proposal meets or exceeds all applicable development
standards and 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: Historic Designation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Aspen City Council hereby approves Historic Designation for 220 and 230 E. Main Street, Lots P
and Q, Block 73, City and Townsite of Aspen.
Section 2: Severability
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 3: Eaistine Litigation
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided,and the same shall be construed and concluded under such prior ordinances.
Section 4:Public Hearing
A public hearing on the ordinance was held on the 10th day of January, 2011, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public
notice of the same was published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 25th day of October,2010.
Michael C. Ireland,M or
ATTEST:
Kathryn Rochftj Clerk
FINALLY,adopted,passed and approved this 10th day of January,2011.
zcv-
Michael C. Ireland,Mayor
ATT T:
Kathryn Koc City lerk
APPROVED AS TO FORM:
orcester, City Attorney
EXHIBIT
Certifica e o Occupancy 4 1
Aspen/Pitkin Community Development Department
This certificate issued pursuant to the requirements of the edition of section of the International
Building Code. It certifies that at the date of issuance,the structure as described below was in
compliance with the various resolutions and ordinances regulating building construction and use in this
jurisdiction.
Use Classification: MFR
Building Permit: 0053.2010.ARBK
Legal Description: CITY AND TOWNSITE OF ASPEN LOTS P&0 BLOCK 73
Building Address: 220 E MAIN ST
ASPEN CO 81611 .
Owner of Building: JEROME VENTURES, LLC
Owner Address: 540 W MADISON
CHICAGO IL 60661
Group: R1
Type of Construction: VB
voki Use Zone: MU LP PUD
Description:
INCLUDES:
COMMON AREA:ONE MECHANICAL ROOM
STUDIO#1: ONE BEDROOM,ONE FULL BATHROOM,ONE KITCHEN,ONE WALK IN CLOSET.
STUDIO#2:ONE BEDROOM, ONE FULL BATHROOM,ONE KITCHEN,ONE WALK IN CLOSET.
STUDIO#3:ONE BEDROOM,ONE FULL BATHROOM,ONE KITCHEN,ONE WALK IN CLOSET.
STUDIO#4:ONE BEDROOM,ONE FULL BATHROOM,ONE KITCHEN,ONE WALK IN CLOSET.
Comments&Restrictions:
NFPA 13 FIRESPRINKLER SYSTEM INSTALLED
C lef Building Official Date
Note: In all occupancies,except R,this 'ficate must be posted in a conspicuous place near the main exit on the premises
for which it is issued. Any alteration or a of these described premises or portion thereof without the written approval of the Building
Official shall negate this C.O.and subje it to revocation.
f r r�
r
Certifica e o Occupancy
Aspen/Pitkin Community Development Department
This certificate issued pursuant to the requirements of the edition of section of the International
Building Code. It certifies that at the date of issuance,the structure as described below was in
compliance with the various resolutions and ordinances regulating building construction and use in this
jurisdiction.
Use Classification: MFR
Building Permit: 0054.2010.ARBK
Legal Description: CITY AND TOWNSITE OF ASPEN LOTS P&Q
BLOCK 73
Building Address: 230 E MAIN ST
ASPEN CO 81611
Owner of Building: JEROME PROPERTY, LLC
Owner Address: 540 W HANSON
CHICAGO IL 60661
Group: R1
Type of Construction: VB jam
._1.
Use Zone: MU LP PUD
Description:
INCLUDES:
COMMON AREA: ONE COMMON KITCHEN/LAUNDRY ROOM,ONE COMMON KITCHEN, ONE
STORAGE ROOM,ONE MECHANICAL ROOM,ONE FIREPLACE.
V SUITE #1:TWO BEDROOMS, ONE%BATHROOM, FOUR WALK IN CLOSETS.
SUITE#2:TWO BEDROOMS,ONE%BATHROOM, FOUR WALK IN CLOSETS.
SUITE#3:TWO BEDROOMS,ONE%BATHROOM, FOUR WALK IN CLOSETS.
SUITE#4:TWO BEDROOMS,ONE'/.BATHROOM, FOUR WALK IN CLOSETS.
Comments&Restrictions:
NFPA 13 FIRESPRINKLER SYSTEM INSTALLED
3d �j
lef Building Official Date
Note: in all occupancies,except R,this certifi a must be posted in a conspicuous place near the main exit on the premises
for which it is issued. Any alteration or use o ese described premises or portion thereof without the written approval of the Building
Official shall negate this C.O.and subject it t revocation._
RECEPTION#: 576617, 01/10/2011 at 01:58:05 PM, 1 OF 30, R $156.00
DF $0.00 Janice K. Vo+ audill, Pitkin County, CO EXHIBIT
n
OCCUPANCY DEED RESTRICTION AND AGREEMENT
AFFORDABLE HOUSING UNITS
THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT(the"Deed Restriction")
is made and entered into this `day of"U-A 2014,by and between JEROME
PROPERTY LLC,a Delaware limited liability cQJrt any("Owner"),and the ASPEN/PITKIN
COUNTY HOUSING AUTHORITY,a multi jurisdictional housing authority established pursuant to
the FOURTH AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT dated
December 20,2007 and recorded on January 2,2008,at Reception No.545387 in the Office of the Clerk
and Recorder of Pitkin County,Colorado("Housing Authority").
W ITNESSETH:
WHEREAS,Owner is the owner in fee simple of Lots P and Q,Block 73,City and Townsite of
Aspen,Pitkin County,Colorado on which is situated a renovated structure known as the Cortina Lodge
("Cortina Lodge");and
WHEREAS,the Cortina Lodge contains four(4)studio units and four(4)two-bedroom
dormitory suites(each an"Affordable Housing Unit"and collectively,"Affordable Housing Units"),to
be deed restricted as Category 1 rental units in accordance with the APCHA Guidelines and as they are
amended from time to time,together with a common kitchen,dining area and laundry,as authorized and
approved by Ordinance No.42(Series of 2006)adopted by the Aspen City Council on December 11,
2006 and recorded on January 30,2007,at Reception No.533926.
Floor plans attached hereto as Exhibit A.
Unit Number Unit Type Net Livablc&c
Unit 1 Studio 248 square feet
Unit 2 Studio 257 square feet
Unit 3 Studio 281 square feet
Unit 4 Studio 284 square feet
Unit 5 2-bdrm.dorm suite 600 square feet
Unit 6 2-bdrm.dorm suite 547 square feet
Unit 7 2-bdrm.dorm suite 650 square feet
Unit 8 2-bdrm.dorm suite 670 square feet
The foregoing variation of the Housing Authority's minimum size requirements for Category 1
Affordable Housing Units was approved by the City of Aspen in Section 10 of said Ordinance No.42
(Series of 2006);and
WHEREAS,in accordance with said Ordinance No.42(Series of 2006)and the 2007 Hotel
Jerome PUD Agreement recorded January 30,2007 at Reception No.533928 in said records,Owner
desires by this instrument to deed restrict the use and occupancy of the Affordable Housing Units to
persons who are employed in Pitkin County(and their families)and who meet the qualification guidelines
set forth in the Aspen/Pitkin County Affordable Housing Guidelines established and indexed by the
Housing Authority on an annual basis(the"Guidelines");and
WHEREAS,as set forth in Paragraph 1(f)and(g)of that certain Master Termination Agreement
recorded on January 30,2007 as Reception No.533929,attached hereto as Exhibit s,the previous
Declaration of Covenants,Restrictions and Conditions for the Cortina Lodge recorded December 16,
1988 in Book 581 at Page 332 as Reception No.307031,as amended by Amendment to Cortina
Declaration of Covenants,Restrictions and Conditions recorded June 12, 1991 in Book 648 at Page 373
as Reception No.333507,shall be deemed fully and forever vacated,terminated,cancelled,released,
Cortina deed Restriction Page 1
RECEPTION#: 576617, 01/10/0011 at 01:58:05 PM, 2 OF 30,
Janice K. Vos Caudill, Pi , n County, CO
extinguished,null,void,and of no further force or effect whatsoever upon the recording of this Deed
Restriction.
NOW,THEREFORE,for in consideration of the mutual covenants and agreements set forth
herein and for good and valuable considerations,the receipt and sufficiency of which are hereby
acknowledged,the Owner covenants and agrees as follows:
1. The Affordable Housing Units shall at all times be rented in accordance with the terms of
this Deed Restriction and the Guidelines as amended from time to time.
2. The use and occupancy of the Affordable Housing Units shall henceforth be limited
exclusively to rental housing for persons who are employed in Pitkin County(and their families)who
meet the definition of"qualified Category I employee"as that term is defined by the Guidelines. Owner
shall give first priority for occupancy for the Affordable Housing Units to employees of the Hotel
Jerome. Any Affordable Housing Unit not rented by Owner to Hotel Jerome employees may be rented to
any"qualified Category 1 employee"selected by Owner. If Owner does not lease an Affordable Housing
Unit to a qualified employee of its own selection,then the Housing Authority shall select the tenant in
accordance with the Guidelines. Employees shall be qualified by the Housing Authority as to
employment,maximum income and asset limitations.
3. Written verification of employment of employee(s)proposed to reside in an Affordable
Housing Unit shall be completed and filed with the Housing Authority by Owner prior to occupancy
thereof,and such verification must be accepted by the Housing Authority.
4. An Affordable Housing Unit shall be rented for periods of no less than six(6)
consecutive months except if employee resigns or is terminated for cause. If employee resigns or
terminated for cause Owner shall be entitled to terminate the lease on at least fourteen(14)consecutive
days notice or such greater notice as may be required by Colorado law. Owner shall provide the Housing
Autbority with an affidavit stating that the employee resigned or was terminated for cause and the date of
such action. Upon vacancy of an Affordable Housing Unit,owner is granted forty-five(45)days in
which to locate a qualified employee,unless a longer period is authorized by the Housing Authority on a
case-by-case basis. Approval for such additional time may be requested by Owner for repair and/or
refurbishment of an Affordable Housing Unit,for renovation and/or redevelopment of the Cortina Lodge
property,or for an unexpected breach of the lease agreement by the tenant,and such approval shall not be
unreasonably withheld or delayed by the Housing Authority. If a qualified employee is not placed in an
Affordable Housing Unit within the above-prescribed period,the Housing Authority may select a
qualified tenant for the Affordable Housing Unit,to whom the Owner is required to lease the Unit.
5. The maximum allowed occupancy for the four(4)studio units shall be limited to two(2)
persons per unit. The minimum occupancy for the four(4)two-bedroom units shall be two(2)persons
per bedroom.
6. The maximum rental rate for an Affordable Housing Unit shall not exceed the Category 1
rental rate as set forth in the Guidelines established by the Housing Authority as part of the Guidelines,
subject to annual adjustment as permitted by the Guidelines. The maximum permitted rent for the studio
units on the date of execution of this Deed Restriction is$545.00 per month,and the maximum permitted
rent for the 2-bedroom dormitory suites on the date of execution of this Deed Restriction is$908.00 per
month,or$222.00 per person. Rent shall be verified and approved by the Housing Authority upon
submission and approval of the lease.
Cortina Deed Restriction Page 2
RECEPTION#: 576617, 01/10/"011 at 01:58:05 PM, 3 OF 30,
Janice K. Vos Caudill, Pi , n County, CO
7. A written lease agreement shall be executed by Owner and the tenant for each occupancy
of an Affordable Housing Unit,and shall provide for a minimum rental term of six(6)consecutive
months,subject always to Owner's right to terminate the lease if the tenant defaults in the performance of
the tenant's obligations thereunder and the Owner's right to terminate the lease as provided in paragraph 4
above. An executed copy of the lease shall be provided to the Housing Authority by Owner within ten
(10)days of the Housing Authority's approval of the proposed tenant.
8. Owner agrees to provide the Housing Authority upon request all information reasonably
necessary to determine if there is full compliance with this Deed Restriction in a timely manner.
9. In the event the Housing Authority has reasonable cause to believe the Owner and/or
tenant is violating the provisions of this Deed Restriction,the Housing Authority,by its authorized
representative,may inspect the Cortina Lodge or the Affordable Housing Units between the hours of 8:00
a.m.and 5:00 p.m.,Monday through Friday,after providing Owner with no less than 24 hours'written
notice.
10. The Housing Authority,in the event of a violation of this Deed Restriction is discovered,
shall send notice of violation to the Owner and/or tenant,as may be applicable,detailing the nature of the
violation and allowing the Owner and/or tenant fifteen(15)days to cure. Said notice shall state that the
Owner and/or tenant may request a quasi-judicial hearing before the Aspen/Pitkin Housing Authority
Board("Housing Authority Board")pursuant to the Grievance Procedures of the Housing Authority
Guidelines within fifteen(15)days to determine the merits of the allegations. If no hearing is requested
and the violation is not cured within the fifteen(15)day period,the Owner and/or tenant shall be
considered in violation of this Deed Restriction. If a hearing is held before the Housing Authority Board,
the decision of the Housing Authority Board based on the record of such hearing shall be final for
purposes of determining if a violation has occurred and for the purpose of judicial review.
11. There is hereby reserved to the parties hereto any and all remedies provided by law for
breach of this Deed Restriction or any of its terms. In the event the parties resort to litigation with respect
to any or all provisions of this Deed Restriction,the prevailing party shall recover damages and costs,and
shall be awarded its reasonable attorney's fees.
12. In the event an Affordable Housing Unit is leased without compliance herewith,such
lease shall be wholly null and void and shall confer no interest whatsoever upon the purported tenant.
Each and every lease,for all purposes,shall be deemed to include and incorporate by this reference,the
covenants herein contained,even without reference therein to this Deed Restriction.
13. In the event the Owner or tenant fails to cure any breach,the Housing Authority may
resort to any and all available legal actions,including,but not limited to,specific performance of this
Deed Restriction or a mandatory injunction requiring compliance by Owner and/or tenant.
14. Whenever possible,each provision of this Deed Restriction and any other related
document shall be interpreted in such a manner as to be valid under applicable law;but if any such
provision shall be invalid or prohibited under applicable law such provision shall be ineffective to the
extent of such invalidity or prohibition without invalidating the remaining provisions of this Deed
Restriction or other document.
15. This Deed Restriction is to be governed and construed in accordance with the laws of the
State of Colorado.
Cortina Deed Restriction Page 3
RECEPTION#: 576617, 01/10/0011 at 01:58:05 PM, 4 OF 30,
Janice K. Vos Caudill, Pi n County, CO
16. No claim of waiver,consent or acquiescence with respect to any provision of this Deed
Restriction shall be valid against any party hereto except on the basis of a written instrument executed by
the parties to this Deed Restriction. However,the party for whose benefit a condition is inserted herein
shall have the unilateral right to waive such condition.
17. The parties to this Deed Restriction agree that any modifications of this Deed Restriction
shall be effective only when made in writing signed by both parties and recorded with the Clerk and
Recorder of Pitkin County,Colorado.
18. The terms and provisions of this Deed Restriction shall constitute covenants running with
the title to the Cortina Lodge property as a burden thereon for the benefit of,and shall be specifically
enforceable by,the Housing Authority,the City of Aspen,Colorado,and their respective successors and
assigns,by any appropriate legal action including,but not limited to,injunction,abatement,or eviction of
non-qualified tenants.
I9. This Deed Restriction constitutes the placement on the title to the Cortina Lodge of a
deed restriction that limits rent on the property pursuant to a voluntary agreement between Owner and
APCHA in accordance with C.R.S.§38-12-301 (2)(b).
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the day and
year first written above.
OWNER: JEROME PROPERTY LLC,
a D
elawa imited liability company
Bj:oWilson,
Jr.,as Manager
STATE OF?tic ph:s )
)Ss.
COUNTY OF C'-ocX- _ )
The foregoing Deed Restriction was acknowledged before me this Ll day of
2011,by Donald R.Wilson,as Manager of Jerome Property LLC,a Delaware limited liability compAy.
Witness my hand and official seal. K�
My commission expires: 1A M
WrARV FUIM-STATE OF ELNOS
Notary
ACCEPTANCE BY HOUSING AUTHORITY
The foregoing Deed Restriction and its terms are accepted by the Aspen/Pitkin County Housing
Authority this_day of ,2011.
ASPEN/PITKIN HOUSING AUTHORITY
y,
Tom McCabe,Executive Director
(Notary on following page)
Cortina Deed Restriction Page 4
RECEPTION#: 576617, 01/10/2011 3t 01:58:05 PM, 5 OF 30,
Janice K. Vos Caudill, Pitkin unty, CO
STATE OF COLORADO )ss.
CO(J TY OF PITYJS Ada of 2011,by
Acceptance was almowledged before me this Lc Atitof B ,
oin Accep en/Pitkin County Housing
The foregoing
Tom McCabe as gxeoutive Director of the ASP
Witness my hand and official seat.
My cotYtm;ssion expires: Notary Public
C-I -DY CHF3'iSTF.'N17 L-•,
My
Page 5
Cortina Deed R on
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NEW UNIT SIZES AREA'
STUDIO C 248 SF
STUDIO#2 257 SF 1 I 1
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STUDIO 13 281 SF 1 1 Ch
STUDIO N4 284 SF i »uolo,z i i --
UNIT M5 600 SF ; c. „ ; �-- ——— s CORTINA LODGE
UNIT Y6 547 SF O
i gyp' /�,,.� RENOVATION Prj
•NET LIVABLE PER APCHA.
NOTE:INTERIOR DIMENSIONS NOT FIELD w
VERIFIED,SO AREAS MAY VARY SLIGHTLY.
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UNIT 07 650 SF FF
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UNIT#8 670 SF
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NET LIVABLE PER APCHA. AS STATION
NOTE:INTERIOR DIMENSIONS NOT FIELD
VERIFIED,SO AREAS MAY VARY SLIGHTLY.
A041111
17
cm
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RENOVATION '71
w
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7
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A-130
EXHIBIT
/3
Certificate of No Negative Effect
THE On OF ASPEN
X Approved ❑ Denied
Applicant: Jerome Property, LLC, represented by Rowland + Broughton Architecture
and Urban Design.
Property: 330 E. Main Street, Lots A-I, & 0-S, and the easterly 20' of Lot K and the
easterly 170' of the vacated alley, Block 79, City and Townsite of Aspen, PID #2737-073-
21-001 .
This 27th day of January , 2012,
The following alterations have been approved as represented in the application:
• Mortar joints repointed as required. Submit a description of mortar composition
for review and approval as part of building permit.
• Metal coping applied to all rooftop parapet walls. Minimize drip edge as much as
possible.
• Replace deteriorated bricks as required. Rotate deteriorated bricks, salvage from
other locations on the building where possible, or provide sample of any
replacement brick sourced from elsewhere for review and approval.
• Removal of column at parking garage door in the Annex.
• Widening of the openings between the Atrium and former Century Room.
Historic Preservation Officer
Expires 3 years from date of separately issued Development Order. Issuance of
this certificate does not exempt the applicant from complying with all City codes,
including land use and building codes.
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights",of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three-year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Property Owner's Name,Mailing Address and telephone number
Jerome Property, LLC, 540 W. Madison Street, #2500, Chicago, IL 60661, 312-542-
1000.
Legal Description and Street Address of Subject Property
330E Main Street Lots A-I & O-S, and the easterly 20' of Lot N, and the easterly 170_ '
of the vacated alley,Block 79, City and Townsite of Aspen,P1D#2737-073-21-001 .
Written Description of the Site Specific Plan and/or Attachment Describing Plan
The Community Development Department has improved exterior repair work to the
masonry walls metal coping along the pargRet removal of a column at the parking
garage entry and widening of two interior wall openings in the lobby.
Land Use Approval(s)Received and Dates (Attach Final Ordinances or Resolutions)
Approved per Certificate of No Negative Effect dated January 27,2012.
Effective Date of Development Order. (Same as date of publication of notice of
approval.)
Febp x2,2,2012.
Expiration'Date of Development Order (The extension, reinstatement, exemption
from expiration and revocation may be pursued in accordance with Section
26.308.010 of the City of Aspen Municipal Code.)
February 2,2015.
Issued this 27th day of January, 2012 by the City of Aspen Community Development
I
Director
Chris 11endon, Community Development Director
> ::
GENERAL NOTES
1. DIMENSIONS ARE TAKEN FROM FINISHED DRYWALL. --- r'�� - _
2.DIMENSIONS ARE PROVIDED FOR COORDINATION AND -
REFERENCE ONLY,CONTRACTOR TO VERIFY ALL DIMENSIONS IN
FIELD. .. ..._. ..
3.PLUMBING FIXTURES SHOWN FOR INFORMATION&LOCATION rowland+ broughton
ONLY
4,CHANGE IN CEILING PLANES ARE SHOWN WITH DASHED LINES. architecture and urban design
REFER TO REFLECTED CEILING PLANS AND INTERIOR ELEVATION 234 e.nppk-IL 33771ake e.106
DRAWINGS. aspen.m 61811 de,—,w 80205
970,54C N 816 v 303.308.1373 v
5. ENTRY DOORS FROM CORRIDOR ARE T-0•x B'-8•,TYP. 970.544.34731 303.308.13751
6. WOOD TRANSITION STRIPS FROM CORRIDOR TO GUEST ROOMS IN
ORIGINAL BUILOI NO ONLY CARPET TO CARPET TRANSITION IN
ANNEX.
10801 WEST CHARLESTON BLVD.
SUITE 440
LAS VEGAS,NEVADA
----- - P.702.888.5000
F.702.618.5001
• CpnsuBents
13 JB OB
171-18. � ® 0
sr
4a
ROOF BELOW
CORRIDOR
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03 is LJ
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BELOW BELOW BELOW
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HOTEL JEROME
REMODEL
330 E.MAIN STREET
ASPEN,CO 81611
KEYFLAN
I
PROJECT NO:
21132
DWG FILE.
21132_A2.40.dw9
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LEGEND: PROPOSED
LEVEL 4
PROPOSED OVERALL PLAN
a -PROPOSED REVISIONS TO THE 1 LEVEL 4VERALLPLAN
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A2.40 SCALE: W v1c=r-o• =
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SURE 440
LAS VEGAS,NEVADA
"' - SPRINKLER P.702.888.5000
RISER STORAGE F.702.888.5001
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47
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PMS COMPUTER ROOM 019
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TO BE RELOCATED 02.01.2012
INSUBSTANTIAL PUD AMENDMENT
44
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43 - _ -� F 27 2! 25 24 23 22
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21132_A2.00.dw9
SHEET TITLE
L PROPOSED
LEGEND:
LEVEL 0
PROPOSED OVERALL PLAN
-- - 1 LEVEL 0 OVERALL PLAN SCALE: 1/16"=1'-0"
=PROPOSED REVISIONS TO THE Az.00 SCALE: 1/18"=1'A" PLAN TRUE
RECORDED PLID DEVELOPMENT PLANS
A2.00 _
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t,
GENERAL NOTES
I. DIMENSIONS ARE TAKEN FROM FINISHED DRYWALL.
2.DIMENSIONS ARE PROVIDED FOR COORDINATION AND
REFERENCE ONLY CONTRACTOR TO VERIFY ALL DIMENSIONS IN
FIELD.
1 PLUMBING FIXTURES SHOWN FOR INFORMATION BLOCATION rowland+ broughton
ONLY architecture and urban design
4.CHANGE IN CEILING PLANES ARE SHOWN WITH DASHED LINES. 234..Wpkk eL 3377 Biel a sL 108
REFER TO REFLECTED CEILING PLANS AND INTERIOR ELEVATION wP-,m 81611 denim,m 80205
DRAWINGS. 970.544.9"0 303,308.1373v
5, ENTRY DOORS FROM CORRIDOR ARE 3'-0"x F-8".TYP. 970.514.3473 i 303.308.13781
6. WOOD TRANSITION STRIPS FROM CORRIDOR TO GUEST ROOMS IN
ORIGINAL BUILDING ONLY,CARPETTO CARPET TRANSITION IN
ANNEX.
10801 WEST CHARLESTON BLVD.
SUITE 440
_ LAS VEGAS.NEVADA
___------ P.702988.5000
-- DK DK DK DK I F 702.888.5001
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DWG FILE:
21132_A2.30.dr9
SHEET TITLE
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P PROPOSED OVERALL PLAN
E] -PROPOSED REVISIONS TO THE Az 3o LEVEL 3 O6ERALL PLAN SCALE PLAN TRUE SCALE: 1116"=1'-0"
RECORDED PUD DEVELOPMENT PLANS NORTH
A2.30 _
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architecture and urban design
234 .bopklna el 3377 bloke s4 108
aspen,m 81811 de—,m 80205
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SHEET TITLE
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LEVEL 2
PROPOSED OVERALL PLAN
LEVEL 2 OVERALL PLAN SCALE:1/16"=1'-0"
'=
=PROPOSED REVISIONS TO THE A2.zo SCALE: 1(151'•0' PLAN TRUE
RECORDED PUD DEVELOPMENT PLANS NO®L�1J
A2.20
dt
GENERAL NOTES
1. DIMENSIONS ARE TAKEN FROM FINISHED DRYWALL.
2.DIMENSIONS ARE PROVIDED FOR COORDINATION AND
REFERENCE ONLY.CONTRACTOR TO VERIFY ALL DIMENSIONS IN
FIELD
3.PLUMBING FIXTURES SHOWN FOR INFORMATION aLOCAT10N rowland+broughton
ONLY architecture and urban design
4. CHANGE IN CEILING PLANES ARE SHOWN WITH DASHED LINES. 234 e.bopk-st. 3377 bloke s4 106
REFER TO REFLECTED CEILING PLANS AND INTERIOR ELEVATION open,m 81611 deever,m 80205
DRAWINGS. 970.544.9006v 303308.1373v
5. ENTRY DOORS FROM CORRIDOR ARE 3'-0 $^z 6' ',TYP. 970.544.34731 303.308.1375 I
' 6.WOOD TRANSITION STRIPS FROM CORRIDOR TO GUEST ROOMS IN
ORIGINAL BUILDING ONLY,CARPET TO CARPET TRANSTION IN
ANNEX. _
10801 WEST CHARLESTON BLVD.
SUITE 440
_ LAS VEGAS,NEVADA
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KEY PLAN
PROJECT NO
21132
DWG FILE:
21132_A2.30.dn
SHEET TITLE
LEGEND:
k PROPOSED
LEVEL 3
PROPOSED OVERALL PLAN
=PROPOSED REVISIONS TO THE Az13o LEVEL 3 OVERALL PLAN TRUE
SCALE 111V-1'.DV SCALE:1/16"=1'-0"
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A2.30
EXHIBIT
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architecture and urban design m m
MEMORANDUM =
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Project: 21132.20 Hotel Jerome I I
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Subject: Insubstantial PUD Amendment Narrative o o
Date: 24 January 2012 °°
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To: Sunny Vann °
From: Sebastian Wanatowicz
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Please see the narrative below describing the differences between the 2007 Approved PUD and the W A
proposed drawings. °w
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Level 0: "
• Parking garage in the proposed plan has a reconfigured layout to allow for more storage in the
North West corner.
• The security office has been moved adjacent to the service elevator.
• The proposed plan does not have the sub grade addition for mechanical and storage along the
west foundation wall of the original building.
• The proposed plan alters the garage door configuration. There will be one large door to allow
for ingress and egress at one point adjacent to the existing security office and existing man
door. The existing man door will be moved to the current second garage door location—this
second door is located adjacent to the sprinkler riser closet. The existing second garage door
will be framed in and removed.
The spa has been greatly reduced. The proposed spa has three treatment rooms. The retail
space and locker rooms have been minimized.
■ The proposed employee locker rooms will remain relatively in the same location as they exist
currently on site to reduce the alteration to the mechanical infrastructure.
■ The mechanical equipment along the west wall of the original building will remain to reduce the
alteration to the mechanical infrastructure. The 2007 plan indicates this location for the
employee locker rooms.
■ The mechanical and laundry area remains the same in both plans under the original building
kitchen as well as the mechanical room that was added with the Annex construction.
■ The rest of the original building basement floor plan will be utilized for employee offices and
workstations. The two plans differ in the layout and implantation of uses but the program is
similar in nature.
■ The previous plan shows keeping the bakery. The bakery is deleted in the proposed plan.
■ The mechanical space below the J-Bar and the restrooms did not change in either plan.
Page 1 of 3
rowland+broughton
architecture and urban design
Level 1:
Public Space:
• The entry and atrium to remain as shown in both plans. The proposed plan shows the arched
openings from the atrium into the Century room to be enlarged by two feet each toward the
fireplace.
• The general office manager's office behind the front desk is a different configuration than the
previous plan. Both utilize the same space.
■ The J-Bar remains the same in both plans.
' The Library remains the same as it is currently in both plans. The proposed plan has added a
door from the Elisha room through the Library pantry to access the exterior door to allow for
skis to be brought to the front of the hotel similar to the previous plan.
The Elisha room has changed from the previous plan in the proposed plan. The_previous
plans show three ANSI restrooms and the proposed has two. The proposed plan uses the
\TTsli� room for a Ski conciergeµarea.
.._.
■ The existing luggage room remains the same in the proposed plan with the addition of a coat
check. The previous plan has an enlarged luggage area.
,)The previous plan indicates the removal of two large structural brick walls to create the
reconfiguration of the Wheeler room, Jacob's Corner and Century room. The previous plan
completely reconfigures the public area and creates more Net Leasable area. The proposed
plan keeps the current structure and works with the existing layout of the building with some
modifications.
o The corridor from the atrium to the gallery and ballroom in the annex has been moved
to the north of the restaurant adjacent to the kitchen access.
■ The previous plan shows the ballroom coat closet reconfigured to allow access into the annex
restrooms from the Antler bar pre-function area. The proposed plan has the coat closet
remaining and the existing access to the restrooms.
■ Both plans keep the existing paths of emergency egress from the building. The proposed plan
and the previous plan show some of the existing egress doors from the gallery becoming fixed
panels to allow more seating in this area.
■ The proposed plan does not have any kitchen modifications.
■ The previous plan has two pool pavilion structures out in the courtyard that are not in the
proposed plan. The previous plan had substantial exterior courtyard scope that is not in the
proposed plan. This includes an addition to the East side of the kitchen structure in the
courtyard facing Old Mill Street. The proposed plan does not have any additional space in this
area.
o The pool and spa as well as the existing decks are to remain in the proposed plan.
Level 2:
Public Space:
• The existing Boardroom 214 remains the same in both the proposed and previous plans. The
proposed plan will have some activity space for computer use and gaming.
• The previous plan show the executive offices spaces reconfigured from their existing use over
the kitchen.
• The proposed plan introduces a fitness center in place of the offices along with two
ANSI compliant restrooms. There will still be some office and storage space adjacent
to the egress stair 219. The proposed plan removes the existing stair that exits to the
gallery below. Instead there is a one-hour rated corridor from the original building that
passes the fitness center and ties into the annex egress stair 219 through the existing
corridor 267 from the elevator lobby [noted as corridor 266 to the egress stair 219.
• The previous plan shows an addition above the gallery space below to create a fitness
center on the existing roof. This fitness center is accessed by a corridor created along
Page 2 of 3
rowland+broughton
architecture and urban design
the West window wall of the office space and ties into the original building and the
annex elevator lobby.
Guestrooms: [All Levelsl
■ The previous plan indicates gas appliance fireplaces in each guestroom. The proposed plan
does not currently have any fireplaces. The executive suite stack 136, 236 and 336 may have
;
--fireplace units.
' ■ --The proposed plan shows the Superior one bedroom units 136, 236 and 336 to have a walk-in
closet and enlarged bathroom. A wet bar and connector doors to the adjacent units to create a
lock off suite. This also includes a revised entry vestibule with double doors to create the
ability to a three room suite.
The ANSI rooms have been revised from the previous plan. The proposed plan will stack three
ANSI rooms starting with room 123; the other rooms are 223 and 323. The other two ANSI
rooms for the total of 5 are 314 and 339. All ANSI rooms are in the annex in the proposed
plan. This layout has been P-pp-roved_b-Y-the building department. The previous plan had ANSI
rooms in the annex and original building.
■ The previous plan shows and enlarged room at 213 and 313 with additional square footage as
an addition the structure extending toward the South. Above 313 the previous plan shows an
enclosed porch on Level 4 accessed from the elevator lobby. The proposed plan does not
present any addition to the annex or original buildings.
Thank you,
Sebastian Wanatowicz
Page 3 of 3
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Conauitents
Issue:
-- - 02.01.2012
INSUBSTANTIAL PUD AMENDMENT
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PLAN-LEVEL 0 PLAN-LEVEL 1 PLAN-LEVBL2
HOTEL JEROME
REMODEL
330 E.MAIN STREET
ASPEN,CO 81611
KEY PLAN
PLAN-LEVEL 3 PLAN-LEVEL 4
d PROJECT NO
i NETLEASABLE SG.FT. LEGEND
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19eo1 WEST CHARLES TONBLVD,
SUITE 440
LAS VEGAS,NEVADA
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F.702.885.5001
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_ - D2.01.2012
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INSUBSTANTIAL PUD AMENDMENT
PLAN-LEVEL2
PLAN-LEVEL 0 PLAN-LEVEL 1
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HOTEL JEROME
REMODEL
330 E.MAIN STREET
ASPEN,CO 81611
KEV PLAN
PLAN-LEVEL 4
PLAN-LEVEL 3
PROJECT NO
NET LEASABLE SQ.FT. LEGEND r _ 21132
LEVELO r.o+vr..rraau-orr.r•r�..�•1 >ema
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THE CITY of ASPEN
Land Use Application
Determination of Completeness
Date: February 9, 2012
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 005.2012.ASLU -Hotel Jerome Insubstantial PUD. 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.
XI�Your Land Use Application is complete:
f there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Th LPhel
Jeer Director
City of Aspen, Community Developmen 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.
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