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Home My WebLink AboutLand Use Case.720 E Hyman Ave.0061.2013.ASLU 20061.2013.ASLU 720 E HyMAN AVE(ASPEN ATHLETIC CLUB) REVIEW OF SIA 273718211008-273718211031-273718211801 1 IA ----1 ~(Ante 3 3//(p \ CA +6L.LA S -- PATH : G/DRIVE / MA S 1 ER FI LES/P LANNIN G/ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0061.2013.ASLU PARCEL ID NUMBERS 2737 182 11 008, 2737 182 11 031, 2737 182 11 801 PROJECT ADDRESS 720 E HYMAN AVE PLANNER SARA ADAMS CASE DESCRIPTION REVIEW OF SIA AND SUBDIVISIONPLAT (EXPANSION OF EXISTING BUILDING-APPROVED SIA AND SUBDIVISION PLAT MUST BE FINALIZED) REPRESENTATIVE ROGER MAROLT DATE OF FINAL ACTION 11.11.2013 CLOSED BY KARLA HENRICHON 7.28.16 PATH: G/DRIVE / MASTER FILES/PLANNING/ 3JJ Ne Edit Becord Naigate Pgrm RepÂ® Format Tab Help 3 1 1% h 1/ 4 1 , - t J 4 3Â· , 2 4 0 A & ),mIP 1 10': 0 0 I 2331111 A . 112- 11.lom F* Routing Sldus Fee Surrel! 8= Rou* Histoi Feml 4pe 331ll Aspen Land Use I Pemt 11 00612013.ASLU Addess 72) E HYMAN AVE 41/Suite CLUB Clip ASPEN State'CO I @ 81611 Pant Infolmallon j Mddel pe!1111E Routing queue *07 ~ Appied 10~02/2013 z Ploed 518{uy pending App~oved 3 De:*on REVIENOFSIAANDSUBDIVISIONPLATCEXPANSIONOFEXISTNG Issued BUILDING-APPROVED SIA AND SUBDMSION PLAT MUST BE FINALIZED) : :bed/Ftnd Submitted SARAH DATES 970-920-1700 Clock Running Dms 0 Explies 09272014 Submitted via DKne' Last name-CM,LLC ROGER MAROLT F#st reme 230 S MILL ~ ASPEN CO 81611 Phone (970)925-2255 Addiess Appicant @ 0Wne[ b 80Â®86{? - CON[SCIO[k app&cantp Last nane:CK LLC ROGER MAROLT ~ Fist name 230 SIt. ASPEN CO 81611 Phone (970) 925-2255 Â·Cust # 29633 Address: Lendef Last name i Fist,me : Phoret) - Addes ENet h m code d the pe[mil 8dd~e:s AsperGold51:em] 48(05ft Vew 10!1 //gjool sdnwg gel 1 Page 1 of 1 11111111@1111111111111111111111 Print Date: - Pitkin County Transaction #: 60849 5/13/2014 10:08:48 Janice K. Vos Caudill Receipt #: 201402997 AM Clerk and Recorder Cashier Date: 5/13/2014 10:08:44 AM 530 East Main Street (TDRISCOL) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 05/13/2014 Source Code: Over the Counter (OATHUG) OATES KNEZEVICH & Over the GARDENSWARTZ Q Code: Counter Total Fees $111.00 533 E HOPKINS ST Over the Total Payments $111.00 ASPEN, CO 81611 Return Code: Counter Escrow Balance: $380.25 Trans Type: Recording Agent Ref Num: 1 Payments $111.00 *121 ESCROW 1 Recorded Items BK/PG: 0/0 Reception:610261 Date:5/13/2014 [RELI (SUB AGREE.) SUBDIVISION 10:08:40 AM AC-}REEMEN 1~ From: To: Recording @ $11 for 1pg and $5 for 2 or more 21 $111.00 pgs $1 Surcharge 0 Search Itenls 0 Miscellaneous Items file:///C:/Program%20Files/RecordingModule/default.htm 5/13/2014 RECEPTION#: 605450, 11/12/2013 at 10:59:44 1, 1 OF 21, _ $111.00 Doc Code SUB AGREE Janice K. Vos Caudill, Pitkin County, CO SUBDIVISION AGREEMENT FOR ASPEN ATHLETIC CONDOMINIUMS SUBDIVISION THIS SUBDIVISION A,GREEMENT ("Subdivision Agreement") is made and entered into this 11 day of Nobt.PIt ~/ , 2013, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and CM, LLC, a Colorado limited liability company (hereinafter referred to as "Owner"), WITNESSETH: WHEREAS, Owner has submitted to the City for approval, execution and recordation a Subdivision Plat ("Subdivision Plat") of a parcel of land situated within the 1~ i City of Aspen, Colorado and more particularly described as Lots Q, R and S, Block +06; /0/Â£ ~~ City and Townsite of Aspen, Colorado ("Property'), said property being hereafter designated and known as the "Aspen Athletic Club Condominiums Subdivision" which 3 was previously subdivided, under the Colorado Condominium Act, as a condominium as F 6 r C the Aspen Athletic Club Condominiums; and *ad=3 WHEREAS, City has fully considered the Subdivision Plat, the proposed ~ Lf ~ development and improvement of the lands therein, and the effects of the proposed development and improvement of said lands on adjoining or neighboring properties and property owners; and WHEREAS, under the provisions of Ordinance No. 17 (Series of 2012) 3 4 2 C~ ("Ordinance 173 adopted by the Aspen City Council on July 23, 2012, the City has imposed certain conditions and requirements in connection with its approval of the Aspen Subdivision Plat, such matters being necessary to protect, promote and enhance the Athletic Club Condominiums Subdivision and its execution and recordation of the 2 ~ ~ _ public welfare; and WHEREAS, Owner is willing to acknowledge, accept. abide by and faithfully perform the conditions and requirements imposed by the City in approving the Aspen Athletic Club Condominiums Subdivision and the Subdivision Plat; and WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement, and pursuant to Section 26.480.070.A of the Aspen Municipal Code, City and Owner have executed and recorded on kkUMAEFF 11/ , 2013 the Subdivision Plat in Plat Book l09 at Page 0 , as Reception 34 -005449 in the Office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Subdivision Plat, and for other good and valuable considerations. the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: RECEPTION#: 610261, 05/13/2014 at 10:08:40 AM, 1 1 OF 21, R $111.00 Doc Code SUB AGREE Janice K. Vos Caudill, Pitkin County, CO ARTICLE I ZONING AND REGULATORY APPROVALS 1.1 Pursuant to Resolution No. 12 (Series of 2012) ("Resolution 12"), adopted on May 23, 2012, the City of Aspen Historic Preservation Commission ("HPC") found that the policy of objectives of the historic preservation program set forth in Â§ 26.415.010 of the Aspen Land Use Code were met, and, recommended City Council ("Council") approve Historic Landmark Designation, requested benefits and fee waivers as stated in said Resolution 12 for the Aspen Athletic Club Condominiums located at 720 East Hyman Avenue and legally described iii the first Whereas clause hereof. 1.2 Pursuant to Ordinance No. 17 (Series of 2012) adopted on July 23, 2012 and recorded as Reception No. 590898, the Aspen City Council approved the Aspen Athletic Club Condominiums Landmark Historic Designation and subdivision, with conditions, and setting the affordable housing mitigation requirements at Category 2 or lower, approved the eventual re-condominiumization of the Project to define the separate ownerships therein by the recording of a condominium map in compliance with the current (at the time of condominium map submission) requirements of the City of Aspen Community Development Engineer. 1.3 Iii the event of any inconsistency between the provisions of the above- described Ordinances and/or Resolutions and the provisions of this Subdivision Agreement, the provisions of the Ordinance and/or Resolutions shall control. ARTICLE II DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 2.1 Development Program. The building, as redeveloped, will be a mixed- use building containing an as yet unspecified number of commercial spaces (the "Commercial Units"), two (2) phased free market dwelling units as is more fully specified in Ordinance 17 ("Project"). Off-site affordable housing one-bedroom unit or Housing Credits as specified in Ordinance 17, Section 9 is required. The existing building shall remain in its current exterior location and configuration. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. 2 Approved Dimensional Requirements pursuant to Ordinance #17 Series of 2012 Maximum Height: 4 new skylights and a roof top deck as shown in Exhibit A of Ordinance 17. Series of 2012 are permitted to be one (1) foot in height as measured from where the feature is attached to the roof Maximum Residential Floor 0.78:1 Floor Area Ratio 7019 square feet total free Area: market residential* *Note: the maximum residential net livable area requires the landing of two (2) TDRs in accordance with the Aspen Land Use Code Section 26.535 - "Transferable Development Rights" Maximum Residential Net 5,250 square feet total 2,750 square feet for Unit 1 and Livable Area: 2,500 square feet for Unit 2 Maximum Commercial Net 16,560 square feet Leasable Area: Maximum Commercial Floor 10,071 square feet Area: 2.2 Proiect Phasing. The Owner shall be permitted to construct the approved Project in two construction phases as described herein: Phase 1: one (1) free market residential unit. Phase 2: the second free market residential unit. A building permit for Phase 2 must be submitted and determined to be complete within 1 year of receipt of a certificate of occupancy for Phase 1 of the construction. Building Code, Engineering and other departmental requirements stated in this Ordinance shall be met as part of Phase 1 unless directly related to the construction of Phase 2. The commercial improvements shall be completed concurrent with or prior to the completion of Phase 2. 2.3 Affordable Housing. The Project requires affordable housing mitigation for the 2,750 square feet free market residential unit approved by Ordinance 17. The 2,500 square foot free market residential unit approved by Ordinance 17 is exempt from mitigation pursuant to Â§26.470.060 Growth Management Change in Use .for historic landmark sites and structures which allows historic landmarks to create one (1) new free 3 market residential unit without affordable housing mitigation. The affordable housing requirement is specified below: 2,750 sq. ft. of net livable area* 30% = 825 sq. ft. of net livable area required for affordable housing 825 sq. ft. / 400 sq. ft. per FTE = 2.06 Full Time Equivalents (FTEs) required The Project is required to mitigate for 2.06 FTEs through either: a. Offsite Housing. A one-bedroom off-site unit, which is equal to 1.75 FTEs, that is located within city limits east of the Highway 82 roundabout. The remaining 0.31 FTEs shall be paid as cash in lieu for Category 2 according to the fee schedule in place at the time of building permit submission. The offsite unit shall meet the requirements of the Aspen Pitkin County Housing Authority Guidelines and shall be deed restricted in accordance with Aspen Pitkin County Housing Authority requirements at Category 2 or lower. A Certificate of Occupancy shall be granted and a deed restriction shall be recorded for the offsite housing unit prior to the issuance of a Certificate of Occupancy or a Temporary Certificate of Occupancy for Phase 1; or b. Affordable Housing Credits. 2.0 FTEs of affordable housing credits at Category 2 level. The remaining 0.06 FTEs shall be paid as cash in lieu for Category 2 according to the fee schedule in place at the time of building permit submission. The affordable housing credits shall be extinguished prior to a Certificate of Occupancy or Temporary Certificate of Occupancy for Phase 1. In the event the Project is sold by Owner to a third party before the Project is condominiumized, the Owner shall have the right to assign the foregoing deed restriction and APCHA Interest obligations to the third party buyer who or which shall assume the Owner's obligation therefor. 2.4 Off-Street Parking. The new residential units shall mitigate parking impacts by cash in lieu in the amount of $60,000 which shall be due at the time of issuance of a building permit. 2.5 Building Permit. The Owner may not submit a Building Permit Application until the requirements in Land Use Code Â§ 26.304.075.A, Building Permit Application, are fulfilled. The building permit application shall include the following: a. A copy of the Development Order issued by the Community Development Department (see Â§ 26.304.075(A)(2), City of Aspen Municipal Code.) b. A copy of the final Ordinance 17 and HPC Resolution 12. 4 c. The conditions of approval shall be printed on the cover page of the Building Permit set. d. A construction management plan (CMP) and drainage report pursuant to Engineering and Building Department requirements. e. Accessibility and ANS1 requirements shall meet adopted Building Code requirements. 2.6 Trash/Utility Service Area. All trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. 2.7 Storm Water System Design. The storm water system design shall be completed according to City of Aspen Engineering Department Standards and be approved by the City Engineer. 2.8 Water Department Requirements. Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 2.9 Sanitation District Requirements. (a) Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation. perimeter, patio drains) are not connected to the sanitary sewer system. (b) On-site utility plans require approval by ACSD. (c) Oil and Grease interceptors (NOT traps) are required for all food processing establishments; locations of food processing shall be identified prior to building permit: even though the commercial space will be tenant finished, interceptors will be required at the time of building permit submittal if food processing establishments are anticipated for this Project. (d) Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shaft drains must flow through oil and sand interceptors. (e) Oil service lines must be evacuated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or rights 5 o f way. (t) Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public rights of way or easements to be dedicated to the district. (g) All ACSD fees must be paid prior to the issuance of a building permit. (h) Any glycol heating and snow melt system must be designated to prohibit the discharge of glycol into any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. (i) Soil nails are not allowed iii the public right of way above ACSD sewer lines. (j) Owner's civil engineer will be required to submit existing and proposed flow calculations. 2.10 Exterior Lighting. All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150. Outdoor Lighting. 2.11 Engineering. The Owner' s design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, Title 28, and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted to City Engineering as part of the Building Permit submittal. Failure to meet the standards in Title 21 and Title 28 may result in a physical change to the Project and possible review by City Council and/or LIPC to amend the design. An encroachment license is required for the planter boxes located in the Right-of-way. 2.12 Parks. a. The Parks Department shall review and approve the planting for the planter boxes. b. Landscaping in the public Right-of-way shall be subject to landscaping in the Right-of-way requirements, Aspen Municipal Code Chapter 21.20. All plantings within the City Right-of-way must be approved by the City Parks Department prior to installation Revocable Encroachment Licenses shall be obtained when required. c. Right-of-way requirements necessitate adequate irrigation pressure and coverage, if a system is not in place one will need to be added that is specifically designed for the trees in the planter boxes. 6 2.13 Fire Mitigation. Before the Owner is issued a building permit, the Owner shall obtain the approval of the Aspen Fire Protection District Fire Marshal of a Fire Protection Plan which shall include the following elements: a. Compliance with all codes and requirements of the Aspen Fire Protection District. b. Sprinkler, fire alarms and carbon monoxide alarms are required. (IFC as amended Section 903 and 907, State of Colorado statue and City o f Aspen ordinance). c. Documentation that the development has sufficient volume and pressure of water for the sprinklers or other fire suppression system adequate to satisfy the District's standards for the type of structures proposed by the approved development. This requirement shall be satisfied by analysis acceptable to the Water Department which demonstrates system delivery capacity of existing water distribution system at the Water Department's main water to the approved development of no less than 3,000 gallons per minute. d. An overall access plan for the site. 2.14 School Lands Dedication Fee. Pursuant to Land Use Code Section 26.620, School lands dedication. Owner shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit subrnittal. Owner shall provide the market value of the land including site improvements, but excluding the value of structures on the site. 2.15 Impact Fees. All impact fees stated in this Ordinance shall be due and payable at the time of issuance of a building permit for Phase 1, with the exception of the impact fees specifically related to the second free market residential unit. 2.16 Deed Restriction. Prior to the issuances of a Certificate of Occupancy for Phase 1, Owner agrees to record a deed restriction with the Pitkin County Clerk and Recorder' s O ffice that commits to following: 1) the commercial uses shall not be limited to prohibit uses allowed in the underlying zone district of the Property as amended from time to time, and 2) if the Property is condominiumized the residential and commercial components shall remain in separate ownership. 2.17 Site Plan and Dimensional Requirements. An illustrative site plan of the Project depicting the proposed improvements and the approved dimensional requirements is attached hereto as Exhibit "A." 2.18 Encroachment License. The Owner has a valid encroachment license for the planter boxes located on East Hyman Avenue. Pursuant to Ordinance 17, an encroachment license must be obtained for all of the planter boxes encroaching into the 7 City rights-of-way. A draft Revocable Encroachment License Application is attached hereto as Exhibit "B" showing encroachment for the planter boxes on both East Hyman Avenue and South Original Street. Owner shall apply for and receive approval for the Revocable Encroachment License prior to the issuance of a Certificate of Occupancy for Phase 1. ARTICLE III VESTED PROPERTY RIGHTS The development approvals granted herein shall constitute a site-specific development plan and a vested property right pursuant to Land Use Code Section 26.308.011 attaching to and running with the Subject Property and shall confer upon the Owner the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested properly rights shall be for seven (7) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 1 year of the effective date of the Development Order shall also result in the forfeiture of said vested properly rights and shall render the development order void within the meaning of Â§ 26.104.050. Void Pe.mus. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. Nothing in the approvals contained in Ordinance 17 shall exempt the Development Order from subsequent reviews and approvals required by Ordinance 17 of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with Ordinance 17. ARTICLE IV FINANCIAL GUARANTEES 4.1 Financial Assurances. Before the Owner is issued a Building Permit the Owner shall provide to the Community Development Department the following: a. Cost Estimates. Owner's General Contractor shall cause to be prepared, and certified as correct. cost estimates for all improvements or development for which a Building Permit is required. There are no public improvements associated with the Project at this time. Any public improvements associated with the Project that are discovered after the approval of this ordinance are subject to the requirements listed below. The cost estimates for the implementation and maintenance of the planting in the 8 right o f way described in Section 13 of Ordinance 17 shall be reviewed and approved by the Parks Department. The cost estimates for all other improvements and development in the Subdivision shall be reviewed and approved by the Building Department. Cost estimates for the landscape plan (i.e. the planting in the right of way) shall be shown separately from the cost estimates for all other improvements and development of the Project. Owner shall be responsible for the implementation and maintenance of the landscape plan required by this Ordinance. b. Landscaping Guarantees. Pursuant to and in conformance with the requirements of Â§ 26.480.070(C) & (D) and Â§ 26.445.070 (C)(3) & (4) of the Aspen Municipal Code; and, in order to secure the performance of the obligations of the Owner to implement and maintain the Landscape Plan, Owner shall provide a guarantee of no less than one hundred and twenty five percent (125%) of the estimated cost of such Landscape Plan and Public Improvements, as determined and approved in subsection (a), above. The guarantee to implement and maintain the Landscape Plan and to complete Public Improvements shall be made by depositing with the City an irrevocable letter of credit with provisions as hereinafter set forth, or by providing such other security that may be acceptable to the City Attorney. If an irrevocable letter of credit is used, the irrevocable letter of credit shall be retained by the City until satisfaction of Owner's obligations under this Section or earlier released by the City. The letter of credit shall be issued by a financial institution doing business in Aspen, Colorado, or such other bank as shall be approved by the City; shall have an expiration date no earlier than two years after its date of issue; and shall provide that it may be drawn upon from time to time by the City in such amount or amounts as the City may designate as justified, such amounts not to exceed, in the aggregate, the amount of the letter of credit. Draws under any such letter of credit shall be by a certificate signed by the City Manager of the City of Aspen, or his designee, stating that the City is entitled to draw the specified amount under the terms of this Section. c. Other Improvements and Development. With respect to all other improvements or development within the Project, the Owner shall provide evidence satisfactory to the Community Development Department and the City Attorney' s Office that the Owner has in place sufficient financing to accomplish and complete all the development for which a Building Permit is sought. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Owner or third party investors. The City Attorney shall have sole discretion in determining if the proposed financing as advanced by the Owner is sufficient to complete the development activity for which a Building Permit is sought. 4.2 Site Protection Fund. Before any Building Permit (including demolition, access/infrastructure, and/or site preparation permits) is issued for each phase of the Project approved by this Ordinance, the Owner shall deposit with a local title company ("Escrow Agent") the sum of $25,000 in the form of cash or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: 9 "Iii the event construction work on the Project shall cease for sixty (60) days or longer ('work stoppage') prior to a final inspection by the City of the work authorized by the Building Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons." The Escrow Funds or any remaining balance thereof shall be returned to Owner upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. 4.3 Cash Escrow for Site Enhancement Fund. Before the issuance of a building permit for each phase, and as a condition of such issuance, the owner shall deposit with a local title company the sum of twenty five thousand dollars and no/100ths ($25,000.00), the "Site Enhancement Escrow Funds," in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the Owner and the City which shall provide as follows: i. In the event construction work on the development of 720 E. Hyman Ave. shall cease for ninety (90) days or longer prior to a final inspection by the City of the work authorized by a building permit on the subject property, then the City in its discretion may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work already completed, and for the installing of any public improvements on or adjacent to the subject property. ii. The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as a determining the public improvements to be installed. iii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to Owner upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for the Project, or when otherwise agreed to by Owner and the City. iv. The City shall be named as a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time in accordance with the tenor in terms thereof. 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 Subdivision Agreement, the City Council shall notify Owner in writing specifying the alleged non-compliance and asking that 10 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 ora written petition requesting a hearing to determine any one or both ofthe following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non- compliance which is determined to exist. 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 certificates 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 Subdivision 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 GENERAL PROVISIONS 6.1 The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 6.2 This Subdivision Agreement shall be subject to and construed iii accordance with the laws of the State of Colorado. 6.3 If any provision of this Subdivision 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 11 Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 6.4 This Subdivision Agreement and any 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 Subdivision 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. 6.5 Numerical and title headings contained in this Subdivision 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. 6.6 Upon execution of this Subdivision Agreement by all parties hereto, City agrees to approve and execute the Subdivision Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by Owner. 6.7 Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 OWNER: John Martin Box 297 Queenstown, NZ With Copy to: Leonard M. Oates, Esq. Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C. 533 E. Hopkins Avenue Aspen, CO 81611 6.8 This Subdivision 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 12 signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 6.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Aspen Athletic Condominiums Subdivision and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit o f 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 corpgfatipn Â¢lÂ« Steve Skadron, N~ayor Atte* I l) 'k) AL~Â« Kathryn S. Koc~ City herk APPROVED AS TO FORM: ~ames R. True, City Attorney OWNER: 0,55~7 EU,LLC ~ Li---L. A- *,2-- Roger Marolt, Authorized Agent 13 STATE OF COLORADO ) ) COUNTY OF PITKIN ) 14 h rrhe foregoing instrument was acknowledged before me this ~ 1 day of ~l 0\AMMY v'2013, by Steve Skadron as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen, Colorado, a municipal corporation. TARA L. NELSON Witness my hand and official seal. NOTARY PUBLIC Mycommission expires:&1 4 751-2018 Â£ NOTARY ID 20014030017 STATE OF COLORADO MY 01-1â€¢81 09/25/2017 Notary Public STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 304 day of DC-tbbe-t/ 2013, by Roger Marolt, as Authorized Agent of CM, LLC. Witness my hand and official seal. My commission expires: â‚¬.15,17- I L LISA E. POPISH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20054018338 My Commission Expires May 15, 2017 14 CONSENT OF MORTGAGEE The undersigned, being the holder of a lien on the property comprising the 308 East Hopkins Avenue Subdivision pursuant to a Deed of Trust recorded as Reception No. 518061 in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to and approves the recording of this Subdivision Agreement for the Aspen Athletic Club Condominiums Subdivision. Dated this 2-~ day ofÂ¢4+QujzÂ« , 2013. ALPINE BANK Ba/(41 - tot# 0 '1 Â£Bor- ,5A- NLP Title STATE OF COLORADO ) )SS COUNTY OF PITKIN ) The foregoing Consent of Mortgagee was acknowledged before me this day of 2013, by M clr~ M. 23Â·"se. as Er.\/P of Alpine Bank, National Association. Witness my hand and official seal. My commission expires: â‚¬. 15.11- Notary Public LISA E. POPISH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20054018338 My Commission Expires May 15, 2017 15 LINE OF ExISTIN16 BASEMENT 5'-5 1/2 " -1 FOUNDATION BELOR ,-1-f i-Elff *111|11â‚¬ 2 pis~k- i lijjllif lii@EF 51Â·~ 1 1 - /1,3 5'-5 1/2 " +/- h 0 1 t .. 1 : 3.. 9 r : ASPEN ATHLETIC BUILDING 0-Â·- , APPROVED DIMENSIONAL REGUIREMENTS: FROM SECTION 1 OF ORE>INANCE *ll, SERIES OF 2012 ,~ 9 ~~~~~~ MAXIMUM HEIGHT: 9 <E 4 NEW SKYLIGHTS AND A ROOFTOP DECK, SHOP'IN IN ~ ~ |~ ~ 8 EXHIBIT A ARE PERMITTED TO BE I FT. IN HEIGHT AS MEASURED FROM RHERE THE FEATURE ES ATTACHED e 1-1-Â£ TO THE ROOF. LL c :3 --1 . MAXIMUM RESIDENTIAL FLOOR AREA: O.13Â·'FLOOR AREA RATIO. 1,07 SQUARE FEET : ASPEN ATHLETIC BUILDING ~~ 8 1. i TOTAL FREE MARKET RESIDENTIAL - PROPERTY LINE-Â·11 NOTE: THE MAXIMUM RESIDENTIAL NET LIVABLE AREA , 71 IM REGUIRES THE LANDINS OF TRO (2) TORs IN ACCORDANCE ~ MITH THE ASPEN LAND USE CODE 1 SECTION 26.535 - "TRANSFERABLE DEVELOPMENT RleHTS." ' .L 6 MAXIMUM RESIDENTIAL NET LIVABLE AREA: lilli 5,250 SQUARE FEET TOTAL: 4. 24 0 2,750 SGUARE FEET FOR UNIT I AND 2,500 SQUARE FEET FOR UNIT 2 1,285 5 F. OF PUBLIC AMENITY SPACE --~ , ' MAXIMUM COMMERCIAL NET LEASABLE AREA: ~ ~ -= | (SHOWN HATCHEOLONS 1 J 4/Pa . -2 HYMAN AVE. AND ORIGINAL ST. 16,560 SGUARE FEET 2 lei MAXIMUM COMMERC AL FLOOR AREA: 2 COVEREd b i . 10,011 SGUARE FEET OPEN m SPAGE | -0 - 51/. - /1 1%~ , :34Jj/P\///////////?NENe/Dm/N/nwmmmN//i:- ~1 1.-. .~ 1 1 kkNTER PLANTER / ~PLANT~R ~ Z L -LINE OF EXISTI~ BASEMENT ~'~~~ ' L / 1 $ go'-O FOUNDATION BEL-OR /J _ 1.>2;~~~ M J, HYMAN AVE. HYMAN AVE. < LU R NOTE: REFER TO SURVEY FOR 1--- BUILDING PLACEMENT AND PROPOSED LANDSCAPE CONDITIONS. EXISTING HARDSOAPE AND PROPOSED 33/4 SITE PLAN ON SITE PUBLIC AMENITY DIAeRAM 4/1 .- NO PARKINe IS PROVIDED C /1 = 161-0. Lj . 16'-O Blumbeig No. 5119 TOTAL PUBLIC AMENITÂ¥ SPAGE = TOTAL LOT AREA = 4,000 sf EXISTING 1,255 sf, OR 14.3% OF LOT Al.1 kq S103.LIHOhl INNAO S31hIVHO 159,0260Â£5*Â¥3 I DGÂ·586'0Z63331 1 409 DO'N3dSÂ¥ 1 '3AVNMA)419Â¥30~9 IMNAH 19Â¥3 OZZ ORGINAL ST. (HAÂ¥ 82) PATIO Ollvd L &9LB 00Â¥hl0100'N3dSÂ¥ EXHIBIT f REVOCABLE ENCROACHMENT LICENSE APPLICATIO @ Date Received: Permit Number: INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TO YOUR REQUEST THIS LICENSE IS FOR: (CHECKONEONLY) 0 PERPETUATUAL UNTIL REVOKED BY THE CITY. [-1 PRE-EXISTING CONDITION AND PERPETUATUAL UNTIL REVOKED BY THE CITY. VALIDATION PERIOD: REQUESTED START DATE: Immediately - existing condition This Agreement made under this license and entered into this -day of , 20_-, by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and CM, LLC c/o Roger Marolt ,at 230 S. Mill St., Aspen, CO 81611 (Print Full Name) (Print Legal Mailing Address) daytime phone number: 970-925-2255 , hereinafter referred to as "Licensee", WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado Street Address: 720 E. Hyman Avenue Legal Address: Â·Aspen Athletic Club Condominiums WHEREAS, said properties abut the following described public right(s)-of-way: Rniith (lriginal .Rtrppi- Anri Eaqi- Hriman Aumn'llp i WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit "A", attached to this License. Describe Exhibit "A": & B &B Planter boxes located in the right-of-way of both S Original Street. anri E Hyman Avenue. WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates the authority to the City Engineer to grant encroachment licenses, WHEREAS, ASPEN agrees to the grant of a private license of encroachment as built subject to ceMain conditions, THEREFORE, the consideration of the mutual agreement hereinafter contained ASPEN and Licensee covenant and agrees as follows: A revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public Right-of-way for the purposes described. This license is granted for a specific use and within a specified term as checked above, subject to being terminated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. This license shall be subordinate to the right of ASPEN to use said area for any public purposes. The Licensee shall obtain right-of-way and Building Permits as required by the City for any work to be performed in the public right-of-way with design approvals for such work obtained from the Engineering Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements within public right-of-way. Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements constructed therein, which ASPEN, in the exercise of its discretion, shall determine to bc necessary to keep the same in a safe and clean cond tion. In the event that Licensee defaults in any of its duties as set forth herein, ASPEN shall have the right, upon written notification to the Licensee, to perform duties to ASPEN standards and to recover all costs for performing duties from the Licensee. Further, Licensee waives any claim for damages sustained by Licensee and Licensee shall hold the City of Aspen harmless for any claims, causes of action or damages asserted against the City of Aspen for the work performed by the City of Aspen pursuant to this paragraph. Unless the property that is the subject of this license agreement is covered by a homeowner's insurance policy, Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of not less than those specified by Section 24-10-114, C.R.S , (currently $150,000 per person and $600,000 per occurrence) as maybe amended from time to time, naming the City as "Additional Insured". Licensee shall maintain said public liability insurance coverage in full force and effect during the term of this License and shall furnish the City with a most current certificate of such coverage evidencing its validity. All insurance policies maintained pursuant to this agreement shall contain the following endorsement: -/t is hereby understood and agreed that this insurance policy may not be canceled by the surety until forty-five (45) days after receipt by the City of a written notice of such intention to cancel or not to renew." The Licensee shall show proof of this insurance to the City before this agreement is filed. Licensee agrees to indemnify and hold harmless the City of Aspen, its officers, employees, insurers, and self-insurance, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, death, property loss or damages, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this license, including but not limited to, if such injury, loss, or damage is caused in whole or in part by, or is claimed to De caused in whole or part by the act, omission, error, professional error, mistake, negligence, or other fault of licensee or the City. Licensee agrees to investigate. handle, respond to, and to provide defense for and defend against, any such liability, claim or demands at the sole expense of the licensee or, at the option of the City of Aspen, licensee agrees to pay City of Aspen or City of Aspen - Engineering Depadment, 130 South Galena Street, Aspen Colorado 81611 9970-920-5080 REVISED. 3/13/2012 3 41 reimburse City of Aspen for the defense costs incurred by the City of Aspen in connectjon with, any such liability, claims, or demands. The licensee also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false or fraudulent. This license may be terminated by Licensee at any time and for any reason following delivery ofawritten notice of Licensee's intent to cancel. ASPEN may terminate this license at any time and for any reason. Upon termination, Licensee shall at Licensee's expense, remove any improvements or en- croachments from said properly. The property shall be restored to a condition satisfactory to ASPEN. This license is subject to all state laws, the provisions of the Charter of the City of Aspen as it now exists or may hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter is adopted. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in or affecting said public property as it deems necessary. The conditions hereof imposed on tile granted license of encroachment shall constitute covenants running with the life of improvements encroaching in public right of way, and binding upon Licensee. The encroachment shall terminate when the improvement has failed or out of compliance with required standards or performance or if it is revoked by the City, whichever comes sooner. In any legal action to enforce the provisions of this Agreement, the prevailing party shall bo entitled to its reasonable attorney's fees. If the structure for which this license was issued is removed for any reason, Licensee shall not continue to rebuild in the public right-of-way. The public right- of-way is for the general public benefit, and it is not for occupation or construction of encroachments. The licensee waives any and all claims against the City of Aspen for loss or damage to the jmprovements constructed within the encroachment area. The Licensee clearly understands the following actions of Licensee or his/her agents and employees shall automatically terminate and cancel this agreement: 1) Discontinuation of insurance coverage 2) Change of ownership or alteration of use from the original specific use in encroached area 3) Restriction of ASPEN or its agents and contractors from access to its public land under the encroached area not occupied by a previously constructed building Under these circumstances, the Licensee shall restore the right-of-way under the encroachment to its original or better conditions immediately and in accordance with the latest Engineering Departrnent standards for improvements of Public right of way. IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written, (Ucensee signature must be notarized) THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC: STATE OF COLORADO) ) SS. County of Pitkin ) The foregoing instrument was acknowledged before me this Day of , 20 , by (Licensee). (Print Licensee Name) WITNESS MY HAND AND OFFICIAL SEAL. Notary commission expires: (Date) (Notary Public) (Address) (DO NOT WRITE BELOW THIS L[NE, FOR C]TY USE ONLY) CONDITIONS of APPROVAL (if any): BY: DATE: CITY of ASPEN, ENG DEPT City of Aspen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611 77970-920-5080 REVISED: 3/1312012 4 44 1 - ASPEN ATHLETIC CLUB/ 0. --BUILDING CONDOMINIUM OPKI[ 919'A UTILITIES RE 1 UTILTIES AS N, 7 PAVEMENT 1--10 Â»H. I I T " A BR/ck tdil#itillitill 2 0 10 1 -- S 75Â°09'11-6 3.20 S.3 PROPERTY B ICK LINE W LLS j i 0, N [4Â°50'49'E oÂ· 64.26' u l l AREA OF ENCROACHMENT .00 8 0 . 0 0 0 / 407 2 . -. Or S 14Â°50'49-W 64.26 p +. BRICK WALLS 5.0 PREPARED BY 46 ASPEN SURVEY ENGINEERS. INC 210 SOUTH GALINA STREET COVERED ENTRY ~ ASPEN. COLORADO 81611 N 75Â° 9'll-W 3.20 PHONE/FAX (970) 925-3816 DATE JOB *-- 8/12 381838 G.\381838.qxd -- 09/07/2012 -- 10:07 AM -- Scale 1 : 120.00 no gyno .LETEN.1 9 .91.92 1VN IDINO BRICK WALK HIAOS CURB BACK OF J 13-D ASPEN ATHLETIC CLUB 1 7'DL BUILDING CONDOMENIUM 720 EAST HOPKINS AVE A ~ r 'M#*11> I5-D ASPEN, CO 7'DL EXHIBIT "B" LOT Q l 1-Flo' 5.2 0 10 Â£07 2 1 RICK WALL TYP. 60.2 ...... S 75Â°09 90.00 11.6 .. . ...:............%:C..... 14Â°50'49-E 4.40 ~~~=:':,, ...:.'S. 75 0 .......... ........ ...:...........2.9,11.- PROPERTY LINE ENCROACHMENT J --AREA 09.l; .......:.:.......................... ................. -w 66.50 BRICK WALK .................. EAST BACK OF CURB 424414 74.80' Ay ENUE S 14Â°50.49-3.---4.40 R.O.W. WATER LINE PREPARED BY ASPEN SURVEY ENGINEERSJ | 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB 9/12 38183C E.\38183(gic -- 09/12/2012 -- 1112 AM -- Scale ! : f20 00 Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Relating to Premises CG 20 13 05 09 I'0licy Amendment(s) Commercial General I,iability Insured; ASPEN ATHLETIC CLUB Policy Number: S 17 MZX 80942922 Producer: NEIL-GARING/ASPEN AGENCY liffective Date: 10-23-12 Thix endorsement rnodifies insurance under the following: Comniercip] General Liability Coverage Part Schedule State or Governmental Agency or St[bdivision or Political Subdivision City of Aspen 130 South Galena Aspen, Co 81611 As Respects To: Brick walls encroachment on the sidewalk on South Original Street and Easty Hyman Avenue Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who is an Insured is amended to include. 1. The existence, maintenance, repmr, construction, as ali uisured any state or governmental agency or erection or removal of adveitising signs, awnings, subdivision or political subdivision shown in the Sche- canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, side- dule, subject to the following additional proviGion: walk vaults, street banners or decorations and si- This insurance applies only with respect to the follow- niilar exposures; or i ng hazards for which the state or governmental agency 2 The construction, crection or removal of elevators; or subdivision or political subdivibion has issued a per- or mil or authorization in connection with premises you own, rent or control and to which th.is insurance ap- 3. The ownership, maintenance or use of any eleva- plies: tors covered by this insurance, A This Fonn niust be attached to Charise Endorsement when issued after the policy is written. 0 1 One of the Fircrnar'g Fund Insurance Companies as named in the policy â€¢n Off b. 44 t President 062013 5Â·09 Â© Inmranct 5cr-viccg Office, Inc., 2008 INSUR - C 1817 0 00Â©000 0 0 20.1 â€¢ l ilitill il ll )~ill liillnlkll ill 1lllllillu li llk) # ilk 11 illil il2 tl lilll'l' U ill rl Fll illlIFII 111 )115 )033Â·TA CIZ 06 EFCG P 1 A I ORDINANCE # 17 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION, SUBDIVISION, GROWTH MANAGEMENT REVIEW, AND BENEFITS THROUGH THE ASPENMODERN PROGRAM, AND A SITE SPECIFIC DEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT 720 EAST HYMAN AVENUE, LEGALLY DESCRIBED AS THE ASPEN ATHLETIC CLUB BUILDING CONDOM]NIUMS, LOTS Q, R AND S, BLOCK 104, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID NUMBERS: 2737-182-11-008 through 2737-182-11-031, and 2737-182-11-801. WHEREAS, the applicant, CM, LLC, represented by Charles Cunniffe Architects, submitted an application, pursuant to Section 26.415,025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for the property located at 720 East Hyman Avenue, legally described as The Aspen Athletic Club Building Condominiums, Lots Q, R and S Block 104; and WHEREAS, 720 East Hyman Avenue is included on the Aspen Modern Map; and WHEREAS, the applicant submitted a letter dated March 7,2012 requesting voluntary landmark designation in exchange for specific benefits through the AspenModern negotiation; and WHEREAS, pursuant to Â§26.415.025,CO, the ninety day AspenModern negotiation commenced on March 7,2012; and WHEREAS, Â§26.415.025.C(1)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;" and WHEREAS, the property owners' representative met with the ilistoric Preservation Commission (the HPC) on May 23,2012; and WHEREAS, at their regular meeting on May 23, 2012, the HPC considered the application; found that 720 East Hyman Avenue was a "best" example of Organic/Wrightian style and, found that the policy objectives for the historic preservation program stated at Â§26.415.010, Purpose and Intent are met, and recommended City Council ("Council") approve Historic Landmark Designation, requested benefits and fee waivers as stated in HPC Resolution numbered ] 2, Series of 2012; and RECEPTION#: 590898, 07/26/2012 at 720 E. Hyman Avenue - AspenModem negotiation 11:26:40 AM, Ordinance #17, Series of 2012 1 OF 22, R $116.00 Doc Code ORDER Page 1 of 11 Janice K. Vos Caudill, Pitkin County, CO Â£ 1 WHEREAS, Â§26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and WHEREAS, the property owner requests voluntary Landmark Designation - Â§26.415.030(C), AspenModern; Subdivision review - Â§26.480.040(C) Subdivisions; Growth Management review - Â§26.470.060(3), Â§26.470.070(4),and Â§26.470.080(2); Change in Use of historic landmark sites and structures: Development of Affordable Housing and New free-market residential units within a multi-family or mixed use project, all to be consolidated with the AspenModern ninety-day negotiation process and reviewed by City Council; and WHEREAS, in addition to Historic Landmark Designation, Subdivision, and Growth Management, the applicant had identified preservation incentives that are requested as part of the AspenModem negotiation process in a letter dated March 7,2012. Those incentives requested include: the ability to construct a 2,750 square feet floor area free market residential unit; ability to increase the free market allowable floor area to 0.78:1 or 7,014 square feet of floor area; a waiver of the onsite parking requirement and a waiver o f the parking cash in lieu payment; and WHEREAS, the applicant agrees that the conditions of approval for the mitigation of the impact of the development regarding affordable housing are accepted by the applicant and constitute a voluntary agreement to limit rent/sales prices on the Property and to otherwise provide affordable housing stock in accordance with the provisions of CRS 38-12-301(2)(a) and (2)(b); and WHEREAS, the Community Development Department performed an analysis of the application including Landmark Designation, Subdivision Review, and Growth Management Review and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value of the benefits where possible; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Approvals and Phasing: a. Approvals. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation, Subdivision, Growth Management Review and a site specific development plan subject to the conditions described herein. 720 E. Hyman Avenue - AspenModem negotiation Ordinance #17, Series of 2012 Page 2 of 11 1 b. Project Phasing. The applicant shall be permitted to construct the approved project in two construction phases as described herein: Phase 1: one free market residential unit. Phase 2: the second free market residential unit, All impact fees stated in this Ordinance shall be due and payable at the time of issuance of a building permit for Phase 1, with the exception of the impact fees specifically related to the second free market residential unit. A building permit for Phase 2 must be submitted and determined to be complete within 1 year of receipt o f a certificate of occupancy for Phase 1 0 f the construction. Building Code, Engineering and other departmental requirements stated in this Ordinance shall be met as part o f Phase 1 unless directly related to the construction of Phase 2. Section 2: Historic Landmark Desilination Historic landmark designation is granted for the property located at 720 East Hyman Avenue (the Aspen Athletic Club Building Condominiums, Lots Q, R, and S, Block 104). Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County. a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department, The existing atrium is prohibited from being significantly changed, for example by adding a floor or filling in the space in a way that changes the openness and historic characteristic of the feature as represented in the application without approval by the Historic Preservation Commission. Insubstantial changes to the atrium shall be reviewed administratively by the Community Development Director. Section 3: Subdivision Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves Subdivision of the property located at 720 East Hyman Avenue (the Aspen Athletic Club Building Condominiums, Lots Q, R and S, Block 104) for a mixed use building that contains two free market residential units, a commercial component and a rooftop deck. A final Subdivision Plat and Subdivision Agreement that meets the requirements of Land Use Code Â§ 26.480, Subdivision, shall be recorded in the Pitkin County Clerk and Recorder's Office within 1 year of the receipt of a Development Order. Subdivision Agreement shall include at a minimum the following information: 1. An illustrative site plan of the project depicting the proposed improvement and the approved dimensional requirements. 2. Plan of any required grading and drainage improvements. 3. Approved planting for the right of way. 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 Page 3 of 11 I â€¢ 4. Encroachment license for the planter boxes. 5. Agreement to record a deed restriction with the Pitkin County Clerk and Recorder' s Office that commits the following: 1) the commercial uses shall not be limited to prohibit uses allowed in the underlying zone district of the subject properly as amended from time to time, and 2) if the property is condominiumized the residential and commercial components shall remain in separate ownership. The Aspen Athletic Club Condominium plats, Pitkin County Clerk and Recorder reception #201836 and #190688, shall be vacated upon receipt of Certificate of Occupancy for the project. Section 4: Financial Assurances Before the Applicant is issued a Building Permit the Applicant shall provide to the Community Development Department the following: a. Cost Estimates. Applicant' s General Contractor shall cause to be prepared, and certified as correct, cost estimates for all improvements or development for which a Building Permit is required. There are no public improvements associated with the project at this time. Any public improvements associated with the project that are discovered after the approval of this ordinance are subject to the requirements listed below. The cost estimates for the implementation and maintenance of the planting in the right of way described herein at Section 13 shall be reviewed and approved by the Parks Department. The cost estimates for al] other improvements and development in the Subdivision shall be reviewed and approved by the Building Department. Cost estimates for the landscape plan (Le. the planting in the right of way) shall be shown separately from the cost estimates for all other improvements and development of the Project. Owner shall be responsible for the implementation and maintenance of the landscape plan required by this Ordinance. b. Landscaping Guarantees. Pursuant to and in conformance with the requirements of Â§ 26.480.070(C) & (D) and Â§ 26.445.070 (C)(3) & (4) of the Aspen Municipal Code; and, in order to secure the performance of the obligations of the Applicant to implement and maintain the Landscape Plan, Applicant shall provide a guarantee of no less than one hundred and twenty five percent (125%) of the estimated cost of such Landscape Plan and Public Improvements, as determined and ~~ with the City an irreÂ¥Â®able lÂ©tter of credit with provisions as hereinafter set forth, 04 approved in subsection (a), above. The guarantee to implement and maintain the Landscape Plan and to complete Public Improvements shall be made by depositing by providing such other security that may be acceptable toÂ·~theâ€¢*ty attorney. If an ~,~ . ~,~~4.10 ,~irrevocable letter of credit is used, the irrevocable letter of credit shall be retained by 1~~ the City until satisfaction of Applicant's obligations under this Section or earlier k,.ti k released by the City. The letter of credit shall be issued by a financial institution doing business in Aspen, Colorado, or such other bank as shall be approved by the City; ..7,~gih>.. shall have an expiration date no earlier than two years after its date of issue; and shall provide that it may be drawn upon from time to time by the City in such amount or .\-24 1 amounts as the City may designate as justified, such amounts not to exceed, in the aggregate, the amount of the letter of credit. Draws under any such letter of credit 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 < )1 Page 4 of ll I j shall be by a certificate signed by the City Manager of the City of Aspen, or his designee, stating that the City is entitled to draw the specified amount under the terms of this Section. c. Other Improvements and Development. With respect to all other improvements or development within the Project, the Applicant shall provide evidence satisfactory to the Community Development Department and the City Attorney's Office that the Applicant has in place sufficient financing to accomplish and complete all the development for which a Building Permit is sought. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant or third party investors. The City Attorney shall have sole discretion in determining if the proposed financing as advanced by the Applicant is sufficient to complete the development activity for which a Building Permit is sought. Section 5: Site Protection Fund Before any Building Permit (including demolition, access/infrastructure, and/or site preparation permits) is issued for each phase of the Project approved by this Ordinance, the Applicant shall deposit with a local title company ("Escrow Agent") the sum of $25,000 in the form of cash or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: "In the event construction work on the Project shall cease for sixty (60) days or longer ('work stoppage') prior to a final inspection by the City of the work authorized by the Building Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons." The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. Section 6: Cash Escrow for Site Enhancement Fund. Before the issuance of a building permit for each phase, and as a condition of such issuance, the owner shall deposit with a local title company the sum of twenty five thousand dollars and no/100ths ($25,000.00), the "Site Enhancement Escrow Funds," in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the Owner and the City which shall provide as follows: i. In the event construction work on the development of 720 E. Hyman Ave. shall cease for ninety (90) days or longer prior to a final inspection by the City of the work authorized by a building permit on the subject property, then the City in its discretion 720 E. 1-lyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 Page 5 of 11 t I may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work already completed, and for the installing of any public improvements on or adjacent to the subject property. ii. The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as a determining the public improvements to be installed. iii. rhe Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to Owner upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for the project, or when otherwise agreed to by Owner and the City. iv. The City shall be named as a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time in accordance with the tenor in terms thereof. Section 7: Approved Dimensional Requirements The building as presented in the plans dated July 9, 2012 and attached as Exhibit A to this Ordinance comply with the effective dimensional allowances and limitations of the Mixed Use (MU) zone district except as modified below. Compliance with these requirements shall be verified by the City of Aspen Zoning Officer at the time of building permit submittal. The following dimensions are approved: Maximum Height: 4 new skylights and a rooftop deck, shown in Exhibit A, are permitted to be 1 ft. in height as measured from where the feature is attached to the roof. Maximum Residential Floor Area: 0.78:1 floor area ratio, 7,019 square feet total free market residential Maximum Residential Net Livable Area: 5,250' square feet total: 2,750 square feet for Unit 1 and 2,500 square feet for Unit 2 Maximum Commercial Net Leasable Area: 16,560 square feet Maximum Commercial Floor Area: 10,017 square feet Minor adjustments to the dimensions represented above may occur upon review of a building permit as long as the resulting dimensions do not exceed those approved through this ordinance. ' The total maximum residential net livable area requires the landing of 2 transferrable development rights in accordance with Â§26.535 Transferrable Development Rights. 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 Page 6 of 11 Section 8: Impact and Development Fees: P arks Development and Air Quality/TDM Impact Fees Pursuant to Land Use Code Â§ 26.610.030, Exemptions, development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures is exempt from the Parks Development and Air Quality/TDM Impact Fees. School Lands Dedication Before the Applicant is issued a Building Permit, the Applicant shall pay a fee-in-lieu of land dedication pursuant to Chapter 26.620, School Lands Dedication.The amount of the fee shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the applicant submits a Building Permit, Parking Pursuant to Land Use Code Â§ 26,515, Parking, new residential units are required to mitigate parking impacts either through onsite spaces or cash in lieu. The parking cash in lieu for 2 parking spaces equals $60,000 and is due at the time of building permit issuance. 2 new residential units = 2 parking spaces required 2 x $30,000/space = $60,000 Section 9: Affordable Housing lee project requires affordable housing mitigation for the 2,750 square feet free market residential unit. The 2,500 square feet free market residential unit is exempt from mitigation pursuant to Â§26.470.060 Growth Management Change in Use for historic landmark sites and structures which allows historic landmarks to create one new free market residential unit without affordable housing mitigation. The affordable housing requirement is specified below: 2,750 sq. ft. of net livable area * 30% = 825 sq. ft. of net livable area required for affordable housing 825 sq. ft. / 400 sq. ft per FTE = 2.06 Full Time Equivalents (FTEs) required The project is required to mitigate for 2.06 FIEs through either: 1) Offsite Housing. A one-bedroom off-site unit, which is equal to 1.75 FTEs, that is located within city limits east of the Highway 82 roundabout. The remaining 0.31 FTEs shall be paid as cash in lieu for Category 2 according to the fee schedule in place at the time of building permit submission. The offsite unit shall meet the requirements of the Aspen Pitkin County Housing Authority Guidelines and shall be deed restricted in accordance with Aspen Pitkin County Housing Authority requirements at Category 2 or lower, A Certificate of Occupancy shall be granted and a deed restriction shall be recorded for the offsite housing unit prior to the issuance of a Certificate of Occupancy or a Conditional Certificate of Occupancy for Phase 1, -or- 720 E. Ilyman Avenue - AspenModern negotiation Ordinance #17, Series o f 2012 Page 7 of 11 2) Affordable Housing Credits. 2.0 FTEs of affordable housing credits at Category 2 level. The remaining 0.06 FTEs shall be paid as cash in lieu for Category 2 according to the fee schedule in place at the time of building permit submission. The affordable housing credits shall be extinguished prior to a Certificate of Occupancy or Conditional Certificate of Occupancy for Phase 1. Section 10: Growth Management Ouota System Allotments 1 free market residential unit is herby granted an annual development allotment. Pursuant to Â§26.470.060(3) Change in Use of historic landmark sites and structures, the second free market residential unit is not deducted from the annual development allotments but is deducted from the respective development ceiling levels. Section 11: Building Permit The applicant may not submit a Building Permit Application until the requirements in Land Use Code Â§ 26.304.075.A, Building Permit Application, are fulfilled. The building permit application shall include the following: 1. A copy of the Development Order issued by the Community Development Department (see Â§ 26.304.075(A)(2), City of Aspen Municipal Code.) 2. A copy of the final City Council Ordinance and HPC Resolution. 3. The conditions of approval shall be printed on the cover page of the Building Permit set. 4. A construction management plan (CMP) and drainage report pursuant to Engineering and Building Department requirements. 5. Accessibility and ANSI requirements shall meet adopted Building Code requirements. Section 12: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, Title 28, and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted and approved prior to recordation of Final Plat. Failure to meet the standards in Title 21 and Title 28 may result in a physical change to the project and possible review by City Council and/or HPC to amend the design. An encroachment license is required for the planter boxes located in the Right-of-way. Section 13: Parks 1. The Parks Department shall review and approve the planting for the planter boxes. 2, Landscaping in the public Right-of-way shall be subject to landscaping in the Right-of- way requirements, Aspen Municipal Code Chapter 21.20. All plantings within the City Right-of-way must be approved by the City Parks Department prior to installation. 3. Right-of-way requirements necessitate adequate irrigation pressure and coverage, if a system is not in place one will need to be added that is specifically designed for the trees in the planter boxes. 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 Page 8 of 11 Section 14: Fire Mitigation Before the Applicant is issued a Building Permit, the Applicant shall obtain the approval of the Fire Marshal of a Fire Protection Plan which shall include the following elements: 1. Compliance with all codes and requirements of the Aspen Fire Protection District 2. Sprinkler, fire alarms and carbon monoxide alarms are required. (IFC as amended Section 903 and 907). 3. Documentation that the development has sufficient volume and pressure of water for the sprinklers or other fire suppression system adequate to satisfy the District's standards for the type of structures proposed by the approved development. This requirement shall be satisfied by an analysis acceptable to the Water Department which demonstrates system delivery capacity of existing water distribution system at the Water Departments' main water to the approved development of no less than 3,000 gallons per minute. 4. An overall access plan for the site. Section 15: Sanitation District Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Section 16: Water Department The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code in place at the time of building permit submittal, as required by the City of Aspen Water Department Section 17: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Â§ 26.575.150, Outdoor Lighting. Section 18: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right pursuant to Land Use Code Section 26,308.011 attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said propeMy under the terms and conditions of the site specific development plan including any approved amendments thereto. 1 he vesting period of these vested property rights shall be for seven (7) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 1 year of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Â§ 26.104.050. Foid Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 Page 9 of 11 No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of seven (7) years, pursuant to the I.and Use Code of the City of' Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 720 East Hyman Avenue, the Aspen Athletic Club Building Condominiums, Lots Q, R and S, Block 104, City and Townsite of Aspen, Colorado, by Ordinance of the City Council of the City of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City o f Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of refurendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 19: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 20: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 21: 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. 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 Page 10 of 11 . 3 The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 22: A public hearing on this ordinance shall be held on the 11 th day of June, 2012, at a meeting of the Aspen City Council commencing at 5:00 p,m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City o f Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City ofAspen on the 29th day of May, 2012. /76 04 1 1-%9 -/7- Michael C. Ireland, Mayor ATTyST: 714.91__ Kathryn Koc~fity Clerk FINALLY, adopted, passed and approved this 23rd day of July, 2012. Â«Ft AA /-1 -3.Till Michael C. Ireland, Mayor dXESTÂ· - -lu,eÂ»~0 044- Kathryn Koch, 9* Clerk V APPROVED AS TO FORM: ~ames R. True, City Attorney Exhibit A: Floor plans and elevations illustrating Section 7 of the Ordinance. 720 E. 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ASPEN, COLORADO 8161 1 1 1 1\ 'N 1 11113-7 1 IIITTITI~'11 1 u.uu 1 o C o n r o 0 ?74-2 01 4 0) 7 10 Un 11=LE -1 L 1-7 IEN L/ LO --0-1 /1 h 1-00 4 U Â° L.jfv Tia A 1 0 .â„¢ 1 râ€¢ 111-r-'IL--1 k ,=AA -0 4] 1.9 E T:t~51 a.â„¢ -7-71 11-9 Â«1.tut 2 4 00,400' - 0 0 1 _ ~ ./.r- di 1/U -1 L.1 ~i' ~ E~ FREE MARKET UNIT #2 ~ -/~FREE MARKET UNIT #1~y Q F L1 ~ ~~~ - 7 <) 1#Fle~hk--7 r- *1* -1 tj 1 12:4~1 1 7 - --111=0-12 3< 1 Ai f -a_ 0-2 7 ,~42-4 - F>_4 - 54 % 2 g Â¤ UVÂ»10 -1 O [EJ O i r. 1 11 r~ lo - ~ - - - - 1 M - U. -~ of ' i on Â° f E :~ _=al Ul UL = ' Ez:Â¥hab:a kg_1=1) 0 1 D A n e Fa 31 -1 ~ CZ] r=fl- V d rn)\ - ad fit LE! Â¤ A ==lj -- 0 0 - 43,0 U O 0 0 0 U O PROPODE D *,4 THIRD LEVEL PLAIN 111 cIO'-O. 07.09.12 720 EAST HYMAN CHARLES CUNNIFFE ARCHITECTS wil VAAV. ounnifte.com A2.5 720 EAST HYMAN AVE. 51 0 EAST HYMâ€¢N AVE I AFER CO 6161 t I TEE 970325.5590 3 FU: 970 920 4557 8. ASPEN, COLORADO 81611 V,111 , lilli 11 1 3â€¢-9 n A 1 --- "BREEN' ROOF /"- 2, 3514iNT In m , -1--a =ROPOSED PROPOSED - - PROPOSED SKYLIDHT 61<YLIGHT I EXIGTING %Â¥LleHT FLEVATCE OVERRUb Â°ENT'4OLE,E --W-Â·Â· 1.2- 1 2 E ZAEXISTINe j,/\~KYLIGHT PROPOSED| 77 ,------1.- FJ 411 ~ RESIDENTIAL ROOF DECK \~ BLASS -- SUARDRAIL T PER CODE 1 "GREENÂ» ROOP ~ PROPOSED -th ROOF LEVEL PLANI 1,1 = 10'-011 07.09.12 720 EAST HYMAN CHARLES CUNNIFFE ARCHITECTS WY#.cunniffe.com A2.6 720 EAST HYMAN AVE. 610 E,~T HYMAN AVE I ASPEN, CO 81611 t TEL- 970I25.5590 1 FAX 970.920.4557 ASPEN, COLORADO 81611 @EI]i o i d i Â»20 /x_ Ad Name: 7957816A ORE)INANCEE,~UC HEARING Customer: Aspen (LEGALS) City of flrst reading at the City Council meet,ng May 29, dy-,9 4-/2- Ord,nance #17. Series of 2012. was adopted on 20,2 This ordinacce. 0 adopted. will approve AsÂ· Your account number: 1013028 pen Modern negotiation for landmark dosignation and benelits lor 720 E. Hyman Avenue, the Aspen Athletic club. The public hearing on this ordi nance Es scheduled for June 11 2012 at 5 PM, City hall 130 South Galena PROOF OF PUBLICATION To see the entire text, go to the city, legal notice website To: A=i T= 2012. [7957816] Mo:Nwww,ast,ennitkin.comLDeoartmentl 4 Â©glk/LagatzN"1=al 11 you would like a copy FAXed or e-rnalled to you, call the city clerk's 0!flce. 429Â·2686. Published in the Asper, Times Weekly on May 31, STATE OF COLORADO, COUNTY OF PITKIN 1, Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that saidnewspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions, and that the first publication of said notice was in the issue of said newspaper dated 5/31/2012 and that the last publication of said notice was in the issue of said newspaper dated 5/31/2012. In witness whereof, I have here unto set my hand this 09/12/2012. 3*'00~9, Jim Morgan, General Manager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 09/12/2012. 2?lcull â‚¬Â· 2)0001.201 h a.,C~.0~_ Mary E. Borkenhagen, Notary Public My Commission expires September 12,2015 2. 20 4% E.BO*4$ '% 2 2 6 .0144. , % i 3 %et,c f#o.COLOA $ ...#.4, 4Â£â€ž-011'r RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 1 OF 21, R $111.00 Janice K. Vos Ca -' 11, Pitkin County, CO SUBDIVISION AGREEMENT FOR ASPEN ATHLETIC CONDOMINIUMS SUBDIVISION THIS SUBDIVISION AGREEMENT ("Subdivision Agreement") is made and entered into this 11- day of Now,1,481/ , 2013, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and CM, LLC, a Colorado limited liability company (hereinafter referred to as "Owner"), WITNESSETH: WHEREAS, Owner has submitted to the City for approval, execution and recordation a Subdivision Plat ("Subdivision Plat") of a parcel of land situated within the City of Aspen, Colorado and more particularly described as Lots Q, R and S, Block 106, City and Townsite of Aspen, Colorado ("Property"), said property being hereafter designated and known as the "Aspen Athletic Club Condominiums Subdivision" which was previously subdivided, under the Colorado Condominium Act, as a condominium as the Aspen Athletic Club Condominiums; and WHEREAS, City has fully considered the Subdivision Plat, the proposed - development and improvement of the lands therein, and the effects of the proposed development and improvement of said lands on adjoining or neighboring properties and property owners; and WHEREAS, under the provisions of Ordinance No. 17 (Series of 2012) ("Ordinance 17") adopted by the Aspen City Council on July 23, 2012, the City has imposed certain conditions and requirements in connection with its approval of the Aspen Athletic Club Condominiums Subdivision and its execution and recordation of the Subdivision Plat, 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 the City in approving the Aspen Athletic Club Condominiums Subdivision and the Subdivision Plat; and WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement, and pursuant to Section 26.480.070,A of the Aspen Municipal Code, City and Owner have executed and recorded on kkuwhrlk , 2013 the Subdivision Plat in Plat Book l25 at Page -k_, as Reception Ni). - 009449 in the Office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Subdivision Plat, and for other good and valuabie considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1 RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 2 OF 21, Janice K. Vos Cau 1, Pitkin County, CO ARTICLE I ZONING AND REGULATORY APPROVALS 1.1 Pursuant to Resolution No. 12 (Series of 2012) ('Resolution 12"), adopted on May 23, 2012, the City of Aspen Historic Preservation Commission ("HPC") found that the policy of objectives of the historic preservation program set forth in Â§ 26.415.010 of the Aspen Land Use Code were met, and, recommended City Council ("Council") approve Historic Landmark Designation, requested benefits and fee waivers as stated in said Resolution 12 for the Aspen Athletic Club Condominiums located at 720 East Hyman Avenue and legally described in the first Whereas clause hereof. 1.2 Pursuant to Ordinance No. 17 (Series of 2012) adopted on July 23, 2012 and recorded as Reception No. 590898, the Aspen City Council approved the Aspen Athletic Club Condominiums Landmark Historic Designation and subdivision, with conditions, and setting the affordable housing mitigation requirements at Category 2 or lower, approved the eventual re-condominiumization of the Project to define the separate ownerships therein by the recording of a condominium map in compliance with the current (at the time of condominium map submission) requirements of the City of Aspen Community Development Engineer. 1,3 In the event of any inconsistency between the provisions of the above- described Ordinances and/or Resolutions and the provisions of this Subdivision Agreement, the provisions of the Ordinance and/or Resolutions shall control. ARTICLE Il DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 2.1 Development Program. The building, as redeveloped, will be a mixed- use building containing an as yet unspecified number of commercial spaces (the "Commercial Units"), two (2) phased free market dwelling units as is more fully specified in Ordinance 17 ("Project"). Off-site affordable housing one-bedroom unit or Housing Credits as specified in Ordinance 17, Section 9 is required. The existing building shall remain in its current exterior location and configuration. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. 2 1 ' RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 3 OF 21, Janice K. Vos Caudi - Pitkin County, CO Approved Dimensional Requirements pursuant to Ordinance #17 Series of 2012 Maximum Height: 4 new sky[ights and a roo f top deck as shown in Exhibit A of Ordinance 17, Series of 2012 are permitted to be one (1) foot in height as measured from where the feature is attached to the roof Maximum Residential Floor 0.78:1 Floor Area Ratio 7019 square feet total free Area: market residential* *Note: the maximum residential net livable area requires the landing of two (2) TDRs in accordance with the Aspen Land Use Code Section 26.535 - "Transferable Development Rights" Maximum Residential Net 5,250 square feet total 2,750 square feet for Unit 1 and Livable Area: 2,500 square feet for Unit 2 Maximum Commercial Net 16,560 square feet Leasable Area: Maximum Commereiai Floor 10,071 square feet Area: 2.2 Proiect Phasing; The Owner shall be permitted to construct the approved Project in two construction phases as described herein: Phase 1: one (1) free market residential unit. Phase 2: the second free market residential unit. A building permit for Phase 2 must be submitted and determined to be complete within 1 year of receipt of a certificate of occupancy for Phase 1 of the construction. Building Code, Engineering and other departmental requirements stated in this Ordinance shall be met as part of Phase 1 unless directly related to the construction o f Phase 2. The commercial improvements shall be completed concurrent with or prior to the completion of Phase 2. 2.3 Affordable Housing. The Project requires affordable housing mitigation for the 2,750 square feet free market residential unit approved by Ordinance 17, The 2,500 square foot free market residential unit approved by Ordinance 17 is exempt from mitigation pursuant to Â§26,470.060 Growth Management Change in Use for historic landmark sites and structures which allows historic landmarks to create one (1) new free 3 RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 4 OF 21, Janice K. Vos Cau 1, Pitkin County, CO market residential unit without affordable housing mitigation. The affordable housing requirement is specified below: 2,750 sq. ft. of net livable area* 30% = 825 sq. ft. of net livable area required for affordable housing 825 sq. ft. / 400 sq. ft. per FTE = 2.06 Full Time Equivalents (FTEs) required The Project is required to mitigate for 2.06 FTEs through either: a. Offsite Housing. A one-bedroom off-site unit, which ls equal to 1,75 FTEs, that is located within city limits east of the Highway 82 roundabout. The remaining 0.31 FTEs shall be paid as cash in lieu for Category 2 according to the fee schedule in place at the time of building permit submission. The offsite unit shall meet the requirements of the Aspen Pitkin County Housing Authority Guidelines and shall be deed restricted in accordance with Aspen Pitkin County Housing Authority requirements at Category 2 or lower. A Certificate of Occupancy shall be granted and a deed restriction shall be recorded for the offsite housing unit prior to the issuance of a Certificate of Occupancy or a Temporary Certificate of Occupancy for Phase 1; or b. Affordable Housing Credits. 2.0 FTEs of affordable housing credits at Category 2 level. The remaining 0.06 FTEs shall be paid as cash in lieu for Category 2 according to the fee schedule in place at the time of building permit submission. The affordable housing credits shall be extinguished prior to a Certificate of Occupancy or Temporary Certificate of Occupancy for Phase 1. In the event the Project is sold by Owner to a third party before the Project is condominiumized, the Owner shall have the right to assign the foregoing deed restriction and APCHA Interest obligations to the third party buyer who or which shall assume the Owner's obligation therefor. 2.4 Off-Street Parking. The new residential units shall mitigate parking impacts by cash in lieu in the amount of $60,000 which shall be due at the time of issuance ofa building permit. 2.5 Building Permit. The Owner may not submit a Building Permit Application until the requirements in Land Use Code Â§ 26.304.075.A, Building Permit Application, art fulfilled, The building permit application shall include the following: a. A copy of the Development Order issued by the Community Development Department (see Â§ 26.304.075(A)(2), City of Aspen Municipal Code.) b. A copy of the final Ordinance 17 and HPC Resolution 12. 4 - RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 5 OF 21, Janice K. Vos Caudi Pitkin County, CO c. The conditions of approval shall be printed on the cover page of the Building Permit set. d. A construction management plan (CMP) and drainage report pursuant to Engineering and Building Department requirements. e. Accessibility and ANSI requirements shall meet adopted Building Code requirements. 2.6 Trash/Utility Service Area. All trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security, 2.7 Storm Water System Design. The storm water system design shall be completed according to City of Aspen Engineering Department Standards and be approved by the City Engineer. 2.8 Water Department Requirements. Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 2.9 Sanitation District Requirements. (a) Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. (b) On-site utility plans require approval by ACSD. (c) Oil and Grease interceptors (NOT traps) are required for all food processing establishments; locations of food processing shall be identified prior to building permit; even though the commercial space will be tenant finished, interceptors will be required at the time of building permit submittal if food processing establishments are anticipated for this Project. (d) Oil and Sand separators are required for parking garages and vehicle maintenance establishments, Driveway entrance drains must drain to drywells. Elevator shaft drains must flow through oil and sand interceptors. (e) Oil service lines must be evacuated and abandoned at the main sanitary sewer line according to specific ACSD requirements, Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or rights 5 RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 6 OF 21, - Janice K. Vos Cau 1, Pitkin County, CO o f way. (f) Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public rights of way or easements to be dedicated to the district. (g) All ACSD fees must be paid prior to the issuance of a building permit. (h) Any glycol heating and snow melt system must be designated to prohibit the discharge of glycol into any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. (i) Soil nails are not allowed in the public ight of way above ACSD sewer lines, 0) Owner's civil engineer will be required to submit existing and proposed flow calculations. 2.10 Exterior Lighting. All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor - Lighting. 2.11 Engineering. The Owner's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, Title 28, and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted to City Engineering as part of the Building Permit submittal. Failure to meet the standards in Title 21 and Title 28 may result in a physical change to the Project and possible review by City Council and/or HPC to amend the design. An encroachment license is required for the planter boxes located in the Right-of-way. 2.12 Parks. a. The Parks Department shall review and approve the planting for the planter boxes. b. Landscaping in the public Right-of-way shall be subject to landscaping in the Right-of-way requirements, Aspen Municipal Code Chapter 21.20. All plantings within the City Right-of-way must be approved by the City Parks Department prior to installation Revocable Encroachment Licenses shall be obtained when required. c. Right-of-way requirements necessitate adequate irrigation pressure and coverage, if a system is not in place one will need to be added that is specifically designed for the trees in the planter boxes. 6 RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 7 OF 21, Janice K. Vos Caudi Pitkin County, CO 2.13 Fire Mitigation. Before the Owner is issued a building permit, the Owner shall obtain the approval of the Aspen Fire Protection District Fire Marshal of a Fire Protection Plan which shall include the following elements: a. Compliance with all codes and requirements of the Aspen Fire Protection District. b. Sprinkler, fire alarms and carbon monoxide alarms are required. (IFC as amended Section 903 and 907, State of Colorado statue and City of Aspen ordinance). c. Documentation that the development has sufficient volume and pressure of water for the sprinklers or other fire suppression system adequate to satisfy the District's standards for the type of structures proposed by the approved development, This requirement shall be satisfied by analysis acceptable to the Water Department which demonstrates system delivery capacity of existing water distribution system at the Water Department's main water to the approved development of no less than 3,000 gallons per minute, d. An overall access plan for the site. 2.14 School Lands Dedication Fee. Pursuant to Land Use Code Section 26.620, School lands dedication, Owner shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. Owner shall provide the market value of the land including site improvements, but excluding the value of structures on the site. 2.15 Impact Fees. All impact fees stated in this Ordinance shall be due and payable at the time of issuance of a building permit for Phase 1, with the exception of the impact fees specifically related to the second free market residential unit, 2,16 Deed Restriction. Prior to the issuances of a Certificate of Occupancy for Phase 1, Owner agrees to record a deed restriction with the Pitkin County Clerk and Recorder's Office that commits to following: 1) the commercial uses shall not be limited to prohibit uses allowed in the underlying zone district of the Property as amended from time to time, and 2) if the Property is condominiumized the residential and commercial components shall remain in separate ownership. 2.17 Site Plan and Dimensional Requirements. An illustrative site plan of the Project depicting the proposed improvements and the approved dimensional requirements is attached hereto as Exhibit "A." 2.18 Encroachment License. The Owner has a valid encroachment license for the planter boxes located on East Hyman Avenue. Pursuant to Ordinance 17, an encroachment license must be obtained for all of the planter boxes encroaching into the 7 RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 8 OF 21, Janice K. Vos Cauc , Pitkin County, CO City rights-of-way, A draft Revocable Encroachment License Application is attached hereto as Exhibit "B" showing encroachment for the planter boxes on both East Hyman Avenue and South Original Street. Owner shall apply for and receive approval for the Revocable Encroachment License prior to the issuance of a Certificate of Occupancy for Phase 1. ARTICLE III VESTED PROPERTY RIGHTS The development approvals granted herein shall constitute a site-specific development plan and a vested property right pursuant to Land Use Code Section 26.308.011 attaching to and running with the Subject Property and shall confer upon the Owner the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for seven (7) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 1 year of the effective date of the Development Order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Â§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. Nothing in the approvals contained in Ordinance 17 shall exempt the Development Order from subsequent reviews and approvals required by Ordinance 17 of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with Ordinance 17. ARTICLE IV FINANCIAL GUARANTEES 4.1 Financial Assurances. Before the Owner is issued a Building Permit the Owner shall provide to the Community Development Department the following: a. Cost Estimates. Owner's General Contractor shall cause to be prepared, and certified as correct, cost estimates for all improvements or development for which a Building Permit is required, There are no public improvements associated with the Project at this time. Any public improvements associated with the Project that are discovered after the approval of this ordinance are subject to the requirements listed below. The cost estimates for the implementation and maintenance of the planting in the 8 RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 9 OF 21, Janice K. Vos Caudi Pitkin County, CO right of way described in Section 13 of Ordinance 17 shall be reviewed and approved by the Parks Department. The cost estimates for all other improvements and development in the Subdivision shall be reviewed and approved by the Building Department. Cost estimates for the landscape plan (i.e. the planting in the right of way) shall be shown separately from the cost estimates for all other improvements and development of the Project. Owner shall be responsible for the implementation and maintenance of the landscape plan required by this Ordinance. b. Landscaping Guarantees. Pursuant to and in conformance with the requirements of Â§ 26.480.070(C) & (D) and Â§ 26.445.070 (C)(3) & (4) of the Aspen Municipal Code; and, in order to secure the performance of the obligations of the Owner to implement and maintain the Landscape Plan, Owner shall provide a guarantee of no less than one hundred and twenty five percent (125%) of the estimated cost of such Landscape Plan and Public Improvements, as determined and approved in subsection (a), above. The guarantee to implement and maintain the Landscape Plan and to complete Public Improvements shall be made by depositing with the City an irrevocable letter of credit with provisions as hereinafter set forth, or by. providing such other security that may be acceptable to the City Attorney. If an irrevocable letter of credit is used, the irrevocable letter of credit shall be retained by the City until satisfaction of Owner's obligations under this Section or earlier released by the City. The letter of credit shall be issued by a financial institution doing business in Aspen, Colorado, or such other bank as shall be approved by the City; shall have an expiration date no earlier than two years after its date of issue; and shall provide that it may be drawn upon from time to time by the City in such amount or amounts as the City may designate as justified, such amounts not to exceed, in the aggregate, the amount o f the letter of credit. Draws under any such letter of credit shall be by a certificate signed by the City Manager o f the City o f Aspen, or his designee, stating that the City is entitled to draw the specified amount under the terms of this Section. c. Other Improvements and Development. With respect to all other improvements or development within the Project, the Owner shall provide evidence satisfactor-y to the Community Development Department and the City Attorney's Office that the Owner has in place sufficient financing to accomplish and complete all the development for which a Building Permit is sought. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Owner or third party investors. The City Attorney shall have sole discretion in determining if the proposed financing as advanced by the Owner is sufficient to complete the development activity for which a Building Permit is sought. 4.2 Site Protection Fund. Before any Building Permit (including demolition, access/infrastructure, and/or site preparation permits) is issued for each phase of the Project approved by this Ordinance, the Owner shall deposit with a local title company ("Escrow Agent") the sum of $25,000 in the form of cash or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: 9 RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 10 OF 21, - Janice K. Vos Cauc , Pitkin County, CO "In the event construction work on the Project shall cease for sixty (60) days or longer ('work stoppage') prior to a final inspection by the City of the work authorized by the Building Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons." The Escrow Funds or any remaining balance thereof shall be returned to Owner upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. 4.3 Cash Escrow for Site Enhancement Fund. Before the issuance of a building permit for each phase, and as a condition of such issuance, the owner shall deposit with a local title company the sum of twenty five thousand dollars and no/100ths ($25,000,00), the "Site Enhancement Escrow Funds," in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the Owner and the City which shall provide as follows: i. In the event construction work on the development of 720 E. Hyman Ave. shall cease for ninety (90) days or longer prior to a final inspection by the City of the work authorized by a building permit on the subject property, then the City in its discretion may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work already completed, and for the installing of any public improvements on or adjacent to the subject property. ii. The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as a determining the public improvements to be installed. iii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to Owner upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for the Project, or when otherwise agreed to by Owner and the City. iv. The City shall be named as a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time in accordance with the tenor in terms thereof. 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 Subdivision Agreement, the City Council shall notify Owner in writing specifying the alleged non-compliance and asking that 10 RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 11 OF 21, Janice K. Vos Caudi Pitkin County, CO Owner remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than 30 days. [f 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 Counci[ 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 Subdivision Agreement should be granted with respect to any such non- compliance which is determined to exist. 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 certificates 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 Subdivision 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 GENERAL PROVISIONS 6.1 The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 6.2 This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 6.3 If any provision of this Subdivision 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 11 RECEPTION#: 605450- 11/12/2013 at 10:59:44 AM, 12 OF 21, Janice K. Vos Cau, ., Pitkin County, CO Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 6.4 This Subdivision Agreement and any 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 Subdivision 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. 6.5 Numerical and title headings contained in this Subdivision 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. 6.6 Upon execution of this Subdivision Agreement by all parties hereto, City agrees to approve and execute the Subdivision Plat and to accept the same for recordation in the Office of the Clerk and Recorder o f Pitkin County, Colorado, upon payment of the recordation fees by Owner. 6.7 Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY: City o f Aspen City Manager 130 South Galena Street Aspen, CO 81611 O WNER: John Martin Box 297 Queenstown, NZ With Copy to: Leonard M. Dates, Esq. Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C. 533 E. Hopkins Avenue Aspen, CO 81611 6.8 This Subdivision Agreement may be executed in counterparts, in which case al! such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that atl of the parties are not l 2 RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 13 OF 21, Janice K. Vos Caudi Pitkin County, CO signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 6.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Aspen Athletic Condominiums Subdivision and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further sha!] inure to the benefit o f 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 corpolation By: 44-4 4Â» Steve Skadron, N~yor Atte* uÂ«,14Â·Â« Kathryn S. Ko~f Ci@ <flerk APPROVED AS TO FORM: 0- A-L~ ~mes R. True, City Attorney OWNER: /7 01\,Uc A CL>c_zic ,Pvc'e-FF Roger Maroit, Authorized Agent 13 RECEPTION#: 605450. 11/12/2013 at 10:59:44 AM, 14 OF 21, Janice K. Vos Cau 1, Pitkin County, CO STATE OF COLORADO ) COUNTY OF PITKIN ) 14h irhe foregoing instrument was acknowledged before me this ~ 1 day of Pl OV~PALE Â«2013, by Steve Skadron as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen, Colorado, a municipal corporation. TARA L. NELSON Witness my hand and official seal. NOTARY PUBLIC My commission expires:C~ ~24llÂ·0{ R / NOTARY ID 20014030017 STATE OF COLORADO 09/28/2017 Notary Public STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 394 day of OC-1-*e.~ 2013, by Roger Marolt, as Authorized Agent of CM, LLC. Witness my hand and official seal. My commission expires: â‚¬. ls, 13- 6 LISA E. POPISH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20054018338 My Commission Expires May 15, 2017 14 RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 15 OF 21, Janice K. Vos Caudi Pitkin County, CO CONSENT OF MORTGAGEE The undersigned, being the holder of a lien on the property comprising the 308 East Hopkins Avenue Subdivision pursuant to a Deed of Trust recorded as Reception No. 518061 in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to and approves the recording of this Subdivision Agreement for the Aspen Athletic Club Condominiums Subdivision. Dated this %1 day of Ophkel , 2013. ALPINE BANK @Py)/(. giÂ¢ - NA'211 IJ . P~ Orbor '5>u 93 Namt Title STATE OF COLORADO ) )SS COUNTY OF PITKIN ) The foregoing Consent of Mortgagee was acknowledged before me this day of 2013, by Mr,rv 8 9.LW(30' as %rÂ·\If' of Alpine Bank, National Association. 3 4 Witness my hand and official seal. My commission expires: â‚¬.15.1-2 Notary Public LISA E. POPISH NOTARY PUBLiC FIZE] NOTARY ID #20054018338 My Commission Expires May 15, 2017 15 12N 23 0 PMI O t 1 (D â€¢-1 - H 7 0 LINE OF ./STIN' 8/SEHeNT FaND/TioN ..... 5 -5 10 -7 X = . - 4//1. 1--il.li-- I.-----I--Ii- -*---I _Eff 1%411*3:1 .//, 0 S'-5 i/2 ~ â€¢/- -1 1 00 11 (0 Ch . RE. 1, O I i O 01 01 A i , ASPEN ATHLETIC BUILDING ~2-' m.-> p- 3 I i 1-11-k APPROVED DIMENSION.4 REGU'IKEHENTS, FROM SECTION 1 OF ORD]NANCE A -7. IRiES OF JOI / Â· O 0 0 < 1 H.AO<I,Ul %1/HT-; Â· : N I I Of: 1 4 NE. SKIL,61Â·frS Â»10 . RDIFTOP 'ECK. SHO.. IN ,Â§ 1 '01-1 tEXHIBIT A. ARE PERMITTED TO DE IFTIN H.16HT AS | - _/1 wi f P. 10 ME.'.SuREID FROM .1./. TH' FEATURE i. AnÂ·ACIED % '--I. TO THE ROV rt\ . 1--/ p[~0<..........AL FLOOR AREA, ASPEN ATHLETIC BUILDING 1 9 k za E Pe N 018.1 FLOOR AREA RAT-IO, 1~l' Sau,RE FEET * pO TOTAL FREC MARKET RESIDENTIAL U i . ~ B ,; 3 E i Â¤ 1-1 PlePERTI LI'l NOTE. THE HAIUM RES,DERÂ·nAL NET LPINSLE AR[A 3 M i REGUIRES Ne LANDING OF Tho (32) rDRo iN ACCORDANCE |~ O| il f Q i Â· o WITH THE ASPEN LÂ»10 USE CODE 1 ELI W SECTION 26 535 - TRANSFER.4/LE 'EVELD/MENT 1%16#S Â« 11 :1 2 O ED ./.irÂ·,UH RES'ENTIAL_ NET LIVASLE AJRE. ,>=P E 53250 MU'RE FEET TOTAL, 7 14 1 Â¢ rt O 1Â£ 1 2 -150 SQUARE FEET FOR UNIT I AND I i ..500 SGUARE FEET 'OR UNJ' 2 1,2/5 S F OF PUBLIC AMENIT< SPALE --3 , HAXI,/9/ COMMERCIAL NET LE.â€¢SABLe AREA. j:'~ ~ HÂ·rMA NAVE. AND .121/INâ€¢.1 SY. 1 2 44 0 (SHON#' HATCHED) AL-ONI6 507-4 (1- p el-4 1 4% 0 1 40 C MA'Ur-1 COMMER']AL fl...R .â€¢.1~EA fi COVEREd 2 ' + Â·Â· ! IDFIT SGUAREE FEET Â· ~iN A [rl . I~ col 0 0 w O- ,- ,-'.' --'---7 112.=-17~Lr~--.-, 'AP 1 A Z 4 1 A PJANZE' || PL_,J,TER JI L 2 Il "~--' 2 Wal / 1 IL LiNE OF EXISTINI BASEMENT - j 901-0. I 32 MOUNDATION OIL_op,1 . M li Hâ„¢Â»t mE E 5~1 1 NOTE, REFER To 61*.ef FOR eUILD,N6 PLACEMENT Â»le PROPOSED L*ht>SCAPE Co/[DITIONS. 14 PROPOSED 6 1 EXOS./6 .0â€¢RDSC,Â·PE AND DITE PLAN ON SITE PUBLIC AMENITY DIAGRAM KA NO FARKIN6 IS PROVIDED (- 1" 5 16-0 1 -0- Vy '71 ! TOTAL PUBLIC AMENITY SPACE = 1 TOTAL LOT AREA = q,000 9 EXISTING 1,265 sF, OR 14.3% OF LOT Al.1 0. 1/ AM, 16 OF 21, RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 17 OF 21, Janice K. Vos Caudi Pitkin County, CO L i EXHIBIT iS REVOCABLE ENCROACHMENT LICENSE APPLICATIO41 - .=./. Date Received: Permit Number: INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS iT APPUES TO YOUR REQUEST THIS LICENSE IS FOR: tcHECK ME 06:('9 0 PERPETUATUAL UNTIL REVOKED 8Y THE CITY. ' t] PRE-EXISTING CONDITION AND PERPETUATUAL UNTIL REVOKED BY THE CITY. VALIDATION PERIOD: REQUESTED START DATE: Immediately - existing condition This Agreement made under this license and entered into this -day of 20__, by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and CM, LLC c/o Roger Marolt ,at 230 S. Mill St., Aspen, CO 81611 (Print Full Name) (Print Logal Mailing Address) daytime phone number 970-925-2255 , hereinafter referred to as 'Licensee", WHEREAS, Licensee is Ihe owner of the following described properties located In the City of Aspen, Pilkin Counly, Colorado Street Address: 720 E. Hyman Avenue Legal Address: Â·Aspen Athletic Club Condominiums WHEREAS, said properties abut the following described public right(s)-of-way: cintith nÂ·riginal â‚¬trp-f anri P.qt Hyman Avernip i WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit "A", ~ttlched to this License. Describe Exhibit"A": & B Planter boxes located in the right-of-way of both S Original Street and E Hyman Avenue. WHEREAS, Section 21.04.050 of Cily of Aspen Municipal Code delegates the authority lo the CRY Engineer to grant encroachment licenses. WHEREAS, ASPEN agrees to the gmnx of a pnvate license d encroachment as buill subject to certain condilions, THEREFORE, Ihe consideralion of [ha mutual agreement hereinafter contained ASPEN and Licensee covenant and agrees as Follows A revocable license is hereby granted 10 Licensee to occupy, maintain and utilize the above described portion of public Right-of-way for the purposes described. This license is granted for a specific use and within a speclfied lerm as checked above, subject to being terminaled at any time and for any reason al the sole discrelion o[ Ihe City Eng]neer of Ine Cily of Aspon. This license shall be subordinate to the nght 01 ASPEN to use said area for any public purposes. The Licensee shall obtain right-of-way and Building Permits as required by the City for any work to be performed in The public right-of-way with design approvals tor such work obtained from the Engineering Department Licensee agrees to join any improvement district termed for tho purpose 01 constructing improvements within public :Ight-of-way. LIcensee is responsible for the maintenance and repair of the public righ[-of-way, logelher with improvements constructed therein, which ASPEN. in the exercise of its discretion. shall determine to be necessary to keep the same in a safe and clean condition. in the event Ihal Licensee defaults in any of Its duties as sol lorth herein, ASPEN shall have the nght, upon wrillen nolitication to the Licensee. to perform duties to ASPEN standards and to recoverall ct. for performing dulies from the Licensee. Further, Ucensee wan'es any claim for damages sustained by LIcensee anc Lcensee shall hold the City of Aspen harmless for any claims, causes of action or damages asserted agains: the City of Aspen for the work performed by the C;ty of Aspen pursuant to this paragraph. Unless the property that is the sublect of this license agreenient is covered by a homeowner's Insurance policy. Licensee shall at all times during the le,m hereof, carry public Itablbly insurance for the benefit of the City w,th limlls of not less than those specified by Scclion 24-10-114, C.R.S., (currently $150,000 per person and $600,000 per occurrence) as may be amended from time to time, naming tho City as "Additiona/insured't Liconsce shall maintain said public liability insurance cov/age in tull bree and effect during the term of this License and shall furnish the Clly with a most current certificale of such coverage evidencing Its validity. All insurance policies maintained pursuant to this agreement shall contain the folkwing endorsement: m b hereby understood and agreed thal fhts insurance policy may not be canded by the surety until fortyÂ·five (45) days alter receipt by fhe Cify of a writtenl noUce of such infenrion to cance/ or no f to renew. ~ The LIcensee shall show proof of this Ins,Irance to the elly before this agreement is Med Liconsco agrees to indemnily and hold harmless the City of Aspen. Us officors. employees, insurers, and se[(-Ilisurance, from and against all liability, cia ms, and demands, on account of injury, loss, or damage, including withowl limitation claims arising from bodily injury, dealh, property loss or damages, or any other loss ol any kind whatsoever, which arise out of or are In any manner connected with this license, Including but not limited to, il such inlury. loss, or damage is caused in whole or in part by, oris claimed to De caused In whole or pan Dy the act, omission. error. professional error. mistake. negligence, or other fault of licensee or the City. LIcensee agrees to Investigate, handle, respond to. and to provide defense lor and defend against. any such liability, claini or deniands at ihe sole expense of the licensee or, at the option of the City of Aspen. licensee agrees to pay City of Aspen or ~ City of Aspen - Engineefing Department, 130 South Galena Slfeel. Aspen Colotado 81611 3970-920-5080 REVISED. ]/13/2012 j 01,1 RECEPTION#: 605450- 11/12/2013 at 10:59:44 AM, 18 OF 21, Janice K. Vos Cau 1, Pitkin County, CO relmburse City of Aspen for the defense costs incurred by the Clly of Aspen in connection with, any such liability, claims, or demands. The licensee also agrees to bear aN other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claim, or demands -ged are groundless, Mise or fraudulent. This license maybe lerminated by Licensee at any limeand forany reason following delivery of a wnlten notice of Licensee's Intent lo cancel ASPEN may le,minate th,s license al arly time and for any reason. Upon termination, Ucensee shall at Licensee's expense. remove any Improvements or en. croachments from said properly. The property shall be restored to a condition satis<actorj lo ASPEN. This license is subject to all state laws, the provisions of the Charter ol the C~ty of Aspen as R now exists or may hereafter be amended. and the ord,nances of the City of Aspen now in ellect or those which may hereafter is adopted. Nothing herein shall be construed so as to prevent ,Aspen trim granting such additional licenses or prop'My Inlefests In or affecting said public properly 88 11 deems necessary The conditions hereof imposed on the granted license of encroachment shall constitule covenants running with the life of Jmprovements encroaching in public nght of way, and binding upon Licensee. The encroachment shall terminate when the Improvement has Failed or out of compliance with required standards of paton,larre or jit Is revoked by the Cily, whichever comes sooner. In any legal action lo enforce the provisions of this Agreement, the prevailing party shall be entitled tails reasonable attorneyÂ·s fees. I! trle structure for which th' license was 'sued is removed for any reason, L1censee shall not continue to rebuild in the public fight-of-way. The public rightÂ· of-way is for the general public bene(11, and it Is not for occupation or construction of encroachments, The licensee wives any and all claims against tho City of Aspen for loss or damage to the improvemenls construcled within the encroachment area. The LIcensee clearly understands the following actions of Licensee or his/her agents and employees shall automatically terminate and cancel this agreement 1) Discontlnuation of insurance coverage 2) Change of ownership or alteration of use from the original specific use in encroached area 3) Restriction of ASPEN or Its agents and contractors from access to its public land under tile encroached area not occupied by a previously constructed building Under these crcumstances the Licensee shall restore the right-of-way under the encroachment to its original or better conditions jmmedlately and in accordance with the latest Englneenng Depanment standards for Improvements of Public right of way. IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written. (Licensee signature must be notanzed) THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC STATE OF COLORADO ) ) SS. County of Pitkin ) The foregoing instrument was acknowledged before me this Day of ,20 ,by (L censee). (PInt Ucensee Namel WITNESS MY HAND AND OFFICIAL SEAL, Notar'y commission expires <02(el (Notary Puttc) (Addres/) IDO NOT WRITE BELOW THIS LINE, FOR CITY USE ONLY) CONDITIONS of APPROVAL (if any): BY: DATE. CITY of ASPEN, ENG DEPT ~ C3:y ot Aspen Â· Engineering Department, 130 South Galena Stfeet, Aspen Colondo 81611 1970-920 5080 REVISED: 1,13#2012 1 01'4 RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 19 OF 21, Janice K. Vos Caudi Pitkin County, CO j - ASPEN ATHLETIC CLUB CONC, BUILDING CONDOMINIUM *PM# 7 294@f CPKI ..~A UTILITIES AS N, 7 0 UTALTIES 1.-10 PIEMENT ]0*1, I IT "A.,ex 2 0 10 S 75'09'11-E 3.20 5.. PROPERTY ,. B ICK LINE W LLS l N 14'50'49-E 2 64.26' â€¢ AREA OF ENCROACHMENT A4 l 10 8.. 0 LOT s -* / 00 LUÂ· 5 14'50.49-W 64,26 3/ 2Â·Â·Â· e BRICK 5 WALLS 6 3.0 ' 5 PREPARED BY t ASPEN SURVEY ENGINEERS. INC 111 210 SOUTH GALENA STREET COVERED ENTRY ~ ASPEN. COLORADO 810lt N 75' 11-W 3.20' PHONE/FAX (970) 925-3816 < DATE JOB 8/12 38 I 838 ....... /Kd .Â· OQ/07/2/12 - 10Â·07 AM -- /.. 1 120 GO 133Â¥1 9 1.92 NIDI NO HinOS 8#AD do 0 RECEPTION#: 605450, 11/12/2013 at 10:59:44 AM, 20 OF 21, Janice K. Vos Cauc -, Pitkin County, CO 13 D ASPEN ATHLETIC CLUB 0 7.OL BUILDING CONDOMINIUM 720 EAST HOPKINS AVE A ~ ASPEN, CO W) EXHIBIT "B" LOT Q l ' rio. 5,2 0 10 / Lor R f RICK WALL TYP, 60 2 l 1 08%*x.......%. / S 75'09 11-E N 14 *50-49-E 4.40' ' Â· :Â·:Â·::':::8*8:5 ~55'3 7, . 90.00 //Ae. U:**42..../ j .2 PROPERTY LINE ENCROACHMENT J --AREA .09 1// ......:':2:':02:...: a .0..:......... 1 BRICK WALK EAST 8/132Â» 4 ?44 N 74-80 S 14'50'49-W R.04, 4 1/LEATUE 4.40 lATER L;NE --* PREPARED BY ASPEN SURVEY ENGINEERS, 1 2!0 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX Â£970 j 925-3816 DATE 308 9/12 38 I 83C E 38183* Â·Â· 08/122012 Â·- 11:12 IM -Â· Scale 1 120.00 '4' 0 49-W }On k) '0 2 :37 3/, RECEPTION#: 605450f 11/12/2013 at 10:59:44 AM, 21 OF 21, Janice K. Vos Caud: Pitkin County, CO Additional Insured - Stale or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Relating to Premises CG 20 13 05 09 Policy Amendment(3) Commercial General Liability Insu.rcd: ASPEN ATHLETIC CLUB Policy Number: S 17 MZX 80942922 Producer: NEIL-GARING/ASPEN AGENCY liffeclive Date: 10-23-12 This endorsement modific, insurance under the following: Comnirrciii Gener.11.iabilily Corerage Part Schedule State or Govenmental Agency or Subdivision or Polilical Subdiyhion Clty of Aspen 130 South Galena Aspen, Co 81611 As Respects To: Brick walls encroachment on the sidewalk on South Original Street and Easty Hyman Avenue In formation required to complete this Scheduk, ifnot shown above, will be shown in the Declarations. Section H Â· Who is an Insured is amended to include 1, 'l'hc emknic, maintenance, repair, Construction, as an insured any Mate or governmental agency or cruct:on or removal of adveltiSulg sigÂ», awnmgs, subdivision or political subdivision :hown in the Sche canopie3, collar catrances, coal hoks, dr~VCWaA duk, subject to the following additional provibion: mallhoks, marquecs, hoist away openings, side- walk vaults, street hannen or decorations and 51- This imurance applks only with rmpect to the follow- milar CxpO5'Urc3; or ing hanrds for which the state or governmental agency 2. The cons:niction, cyection or removal of clcvator:; or subdivision or polilical subdiviaion has issued a perÂ· or mil or aulhorization in connection Mlh premises you own, rent or control and to which this insurance ar 3. Thc ownership, maintenance or u= of any eleva plies: tors covered by this insulÂ·ance. This Folin mus[ be attached to Chinge Endmirrr,crll whin ~mled ~fter the policy I wrillen, Onc of ihe Fireman'I Fund Insurance Comp,nics as named in ar poticy Pre.ident C[12013 5Â·09 Â© InnuÂ·anct 5,/eâ€ž Omcc, Inc., 2008 INSUR -C 1.70 000000 0 02.' r@mtlimPHI Plll]Imil~l Il)n lllllll U HiPIR ilDUMl i lnFillinll )033 7. /12: 06 EFIG /152 A.20J201 0105 r /0 FINAL PLAT OF THE RE-SUBDIVISION PLAT OF u * THE ASPEN ATHLETIC CLUB BUILDING CONDOMINIUM .IRTI/!CATI OF oWNER SH 1 . AND DIDIC'/10/ I Â»El="/10,4 Of. =&1/ . W. FRI#S * C~ LLC I COLOR.DO LIMITED LIâ€¢~LLITY 0 IWILD!1Â£ ~~tlj:.~0~ f W ATIN:JPJ:661:.9.' c- a&*muLEM::i...?EL=.23 7..â€žFÂ·w. e 40 - I ./OK & Al .. 370 AS .... " T. ..... h~ Â·. I. Â»1 Mil .â€¢-ID' MECORD' ALL . m ..:. Sil.,11. ..01' THI~ RE-8uaDU PLAT ~,IALL NOT . - TO ..ENT. DECiARAYION k,A â„¢E A~~EN A7 Hl. IC .3 AT -6 402 4 AECEPTION No 20[117 M%/ _ _ ; OF ./ Cit' M ... ..C â€¢- â€¢ '11 . 0. "In \ bO,S,IEM,Y,LAr AND 1 :Ate a .OFER. LI~0 THE ( â€¢ Sâ€¢ M N Of ... Al,tETIC CLU' .EON . A /1*Ep USE b B.. CO398#68?E...,ry,C *i-- + - X - .../piâ€¢ 3/3 .i .r, ion o \ :: M:1.4 At- . er.' Art -- 0 Â¢x,lmT~ OF ~,TKIN 1 O. 0 VICINITY MAP RED 25047 . 4-4-2---- - - ~..~k.-,Lik,*-L~ - - -/- 4 , Ilâ„¢ES' m MAN4 ....FICIAL ./. 0 P.. 'OK m .-1.10â€¢ â‚¬J~,â€¢4â€¢ 4.a P..SPR M. - Â® -- :W'.72'6-Mitim;,tte m MIT:46%=:t~D.MO.1 NolkAY ~p~LIC 0. '/Â¥*D SUIVIYOR'S lili"ICATE t.na-=tz 4.u=- s. & 2 .- 1 JO- 11--TI . 'ED'.El. LAIK) 1."70' $.Y CE./../ IN:2FTE~EL '4,â€¢ â€¢ i â€¢,rÂ· u,~ Ti,E HEN~L,1 GEs,â„¢i~ED P~oPEA~Y ~rAS rEN~ORIâ‚¬0 1~Â®E* HY i S.â€¢,0.,Â·Â·. â€¢1~ D RECTION i. ACOROANCE Ilâ„¢ HloRAM ..SED 'C -pliFTIB . A. -N â€¢Ill .1/01'.ial /-1 â€¢â€¢T â€¢â€¢09' Iâ€¢ SECTION 2 OF S.eut, a OF T. T.LE * / 259Â·17 Co~- '-Â·MIPU= Vp â€¢ Â·mâ€¢, TITU, 1149. 4 gil,iE . Mr:oa~4. 11.- *Um.Ak,1 250â€¢,7 .e,Lio j TIll *+CK*. I.'CATI 4 Z ) AC / / " Uk;'6'1:YN:Â·tra'Ao'-7li ,4~-P::w':61/ 12:1~N~ 1:Al:DA::Tit; DAI~?~~ T~ Swi#V& 1~0~~,Tu . : 1 ~ir- Als-1 â€¢OR â€¢ILL ~1 (}ANdED â€¢ITH ANY ~ikAACIAL ODU-TioN 6~ LIAI,LITY **C~YE~ DId â€¢NY STA7e,ENT CO,dAL,~0 NERE11! W. . Alâ€¢IN .0/TY ll.' 4. ASWEN ATHLETIC tLUB â€¢01 1 ..# ' R"~ â€¢wl-Â£ -, 7 â€¢Â»Â» ' BU~LDING CONDOM~NIUM . I i .LL.I. FOOT .LIT 0 "0 1 F 2:3;992- . 2011 5 LOT 1 1 1 LOT R 1 I F OFÂ¥,Cl..... n MY CO,-SS,011 0,1.' .1---=.Sâ‚¬. 02 1 i LOT e S 2 COMMUNITY DkÂ¥*921IEFE58~ECTOR*, APPROVAL g / 2 -8 - 0.J-,1.4 :;fr7fFie"' 6.':':...Â¥:M UZ-C='tb=gaw-201, 1 1 1 1 80 - MORTGAGE' CONSENT - - 1&.Mg'.8792#FÂ°t:.:G:11:69 :89475739#2 s..o. .' f .63 ..â€¢, 0,1. T N i. AppROVE . T. 'comb . Of THIS RE -DWISION 'LAT AMO 1 *-1.. . Q P. 4 - 1 wio i.i. 2 / DAY / _. 20, ' LEGEND AND NOTES /' /â€¢ i 91*:9 *V- . *Er W. reu~. a 2*' ... 71~Lt 10-PLE , ".09 1 W.vtÂ¥ ...R. f STATE . COLORADO 1 COUÂ«TI OF ".1/ ) TITLE,~~~~*~~~â€ž~r . 4.00 DATED' JULÂ¥ . 2000 CAL$1'*T.-NT â€ž' 'tFD:17.'TE#fâ‚¬ ~21!Z-- ' .., I. ----------1. ... .,C* h I ... em- 0- fdrd. 0 17'EET L ./ Â£.<Mo~~erT "*E ... Mr coâ€¢â€¢,isâ€¢L- Dr,â€¢tâ€¢ 19'9 11 'EapTION . 4,02, I. LEAST =~ 0 CITY INGINE'l I A+PloÂ¥*L RE'is. i " I.EY Arr....3 -..JF L. 1,4 FEET -luk UN./. *' .... AVENUE .CIA .AGO' M. EN~NI' at. \ --- ro,TEÂ© ADDmi. ~720 â‚¬ -. 7~-7-- CITY COUNCIL Ar FROVAL ., 4\. â€¢A: m.m . THE C . Coâ€žO/ Of TIâ‚¬ C TÂ¥ OF UPEN ...INAâ€¢d 10 O . I. IfYDR-T -0 4 *' 26, 2012 A-='1011 . 5*.. '1,1/ COUWTÂ¥ COL.ADO I ~TER VAL. ~~ THIS .Â·..Â¥1*ION FLAY 0. THE AS'....C ...J.I. CO,~11/. /4 S: -1 QI \.4 wr.=Gr REvl *Hp APPROYED, 1Â¥ ThE CITY COUNC I L OP hâ‚¬ Cl â„¢ OF anN THIS ...d__ DETEÂ«/le T. ...I. SOO VE. I# .Ulli . DA~ . 115:h~~ .L' 4 ip (Eark./E/Lu . 21 ... 34-44-tu '. . -1 Al~i,1. :32217 74Â« 1 1 unaâ„¢ Ae 'prY {11â€¢,! AND RECORDER CERTIPICATZ MUD~LO~ *M AS De]~D ~ TIâ‚¬ ClrY OP At~EN â„¢~ RE-=VI:ION FLAT C~ T-* #* Dual. CO~~Illut W ./'TED PDA ,#Lftlizit./. Of THE Cle./ 1 I~;RN[Â£1:1: 0, am=&#mmN=â€žT,-110 â€¢~Gaz2 Li FOR llâ‚¬ k*ls ING ~RICK i ;,Wl la ~~JEC; T~ A â€¢EVOCâ€¢1 E ENC,U.0,Â£â€¢4 L,~MISE Ga-Tto V nÂ·Â£ CITY OF Aâ€žE. NI.,0 . CE,â€¢â€¢11,2,â€¢. -; 1'. TO * :Â·.1. ' 6,1 #*. m N .PEN â€¢Twaric Jabr-Jv. ,#2-0'=.1.,8; .Af< . ASPEN SURVEY ENGINEERS. INC C ............44,1.1.20.- P./.60 'Y 210 *â„¢ 81Â·LEâ€¢IA SWT ,"4,2, 0, ~ OF 1 B $11 00 j~nt~, M ,Â·y B 1 .-0.'I....in./.*.CO Asr. CGLOAM,0 0,41 Cjs.AL~ .01... .. ..-Sâ€¢iâ€¢ 31,? 21&7~UWEFLEVE~I | DArE .,fl i, I. cx--Â£2- -/ nuk ./ #m-Â¢ nâ€¢ .j/,p':p&'I?Z~ -4'lt P.â€¢ .11 WQWAT'-1 'A $11.00 IDIWO HlnOS RECIPTION# 60 *11.UU ..O 7e,Am 44 006(.9 43. ASLU CueÂ·- * 2 8 48 Rec- tÂ¥ 34 7 1 1 ATTACHMENT 2 -LAND USE APPLICATION PitOJE("1': Name: Aspen Athletic Club 720 E. Hyman Ave., Aspen, CO 81611 Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: CM, LLC Address: c/o Roger Marolt, 230 S. Mill Street, Aspen, CO 81611 (970) 925-7047 Phone #: REPRESEN'I'ATIVE: Sarah Oates Name: Address: c/o OKGKM, P.C., 533 E. Hopkins Ave. Aspen, CO 81611 (970) 920-1700 Phone #: TYPE OF APPLICATION: (please check all that apply): GMQS Exemption E Conceptual PUD U Temporary Use GMQS Allotment E Final PUD (& PUD Amendment) El TexuMap Amendment Special Review E Subdivision El Conceptual SPA ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes D Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Commercial Design Review El Lot Split U Small Lodge Conversion/ Expansion Residential Design Variance El Lot Line Adjustment [Ex Other: Review of SIA and Subdivision Plat Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing building PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Expansion of existing building - has been approved but SIA and Subdivision Plat must be finalized. Have you attached the following? FEES DUE: $1240.00 U Pre-Application Conference Summary U Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form E Response to Attachment #4, Subrnittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy ofall written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 00 m 0000 COMMUNITY DEVELOPMENT DEPARTMENT F~~~ Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Phone No. Property CM, LLC (970) 925-7047 Owner ("1"): Email: Address of 720 E. Hyman Ave. Billing 230 S. Mill Street, Aspen, CO Property: 81611 Address: (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I 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. I understand that these flat fees are non-refundable. 0 $. flat fee for Select Dept 0 Select Dept $. flat fee for _ 0 $ flat fee for Select Dept 0 Select Review $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $975 3 deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $265 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. RECEIVED City of Aspen: Properlv-Owner: wiP 3 07013 C kr â„¢ J 4 -jt \- 1 CI LY Ut- ASPEN Chris Bendon Community Development Director Name: CM, LLC AMMI INITv OFVFI OPMENT Roger Marolt, Authorized Representative Title: City Use: 1240 Fees Due: $ Received: $ January, 2013 City of Aspen I 130 S. Galena St. I (970) 920-5090 LAWOFFICES OF O:ATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.L, PROFESSIONAL CORPORATION THIRD FLOOR ASPEN PLAZA BUILDING 533 E HOPKINS AVENUE ASPEN COLORADO 81611 v#VW OKGKLAW COM LEONARDM OATES TELEPHONE (870) 920-1700 RICHARD A KNEZEVICH FACSIMILE (970) 920-1121 TED D GARDENSWARTZ DIRECT,370. 544Â·1853 DAVID B KELLY MARiA MORROW OF COUNSEL, s:Â¥Â·Â·0450>kal:,pr m,1 STEPHEN R CONNOR ANNE MARIE McPHEE SARAH M OATES October 8,2013 ' Â· VIA E-MAIL Christoper Bendon, Director City of Aspen Community Development Department 130 S. Galena Aspen, CO 81611 Re: Request for Administrative Amendment to Ordinance 17 (Series of 2012) - Aspen Athletic Club Building Condominiums Subdivision Approval ("Project") Dear Chris: This letter shall constitute the request of our client, CM LLC a Colorado limited liability company, for an administrative amendment to Section 12, Engineering of Ordinance 17 (Series of 2012) ("Ordinance") so that a completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted and approved at the time of building permit submittal for the Project rather than prior to the recordation of the Final Plat as required in the Ordinance. CM, LLC agrees that failure to meet the standards of Title 21 and Title 28 may result in a physical change to the Project and possible review by City Council and/or HPC to amend the design. Thank you for your consideration. Sincerely, OATES, KNEZEVICH, GARDENSWARTZ, KELLY & M0RR0W P.C. By... LY \0 Sarah M. Oates, Attorney for CM, LLC OATES, KNEZEV]CH, GARDENSWARTZ & KELLY P.C. CM, LLC - Request for Administrative Amendment October 85 2013 Page 2 APPROVAL OF CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT The above request for an amendment is approved administratively by: CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Dated: October _IC_. 2013 C'M[stopher Bendon, Director !.AMOFF-GEC OF DATES, KNEZEVICH, GA-RDENSWARTZ: KELLY & MORROW, P. C. PRCÂ·'71-Sh,ONA! CA{WORATION THIRD FLOOR A.SP' d. FLAZA3311-DING f Â·NE .1 -eKINS AVENUE A 09. :Â· C . ',RADO 816Â·11 1 -Of i ' 9 OATE.:S TF, r ''iNF /9- ' 0'Â·.1-1700 KNEZE VICH k AC -'1 =0-1121 L ., - ' ENSWARTZ Dly :i' 3,01 :14Â·1850 f~.,. 1, S k Elly &' 4 MORROW OF COUNSEL smo@okulaw com 91. EPHEN R CONNOR ANNEMARIM MCPHEE SARAH M OATES October 29,2013 V I A E-MA i L Sara Adams. Senior Planner Cilv of Aspen Community Development Dept. 130 South Gatena St. Aspen, CO 81611 Re: ..1 xpen Athletic Club ("Propertv") - Subdivision In,provenient Agre;inent and S zibdivision Plat 419<211 -,Clic}. ; 41Â·.14),ed please firld the final Subdivibit')11 Intproveinent Al:reeinent ("SIA"l arid <,tibdivision 1 1 i !Â·ti fur the Asper, Â·lihielic Club Condominiums Subdivision executea oy the ownerl rtp,-i.,c:-,ta:r.,e. Roger Margit, Pitkin Counlv Title and the mortuagee. Alpine Bank. I am also enclosine a Resoll:tion by V .*0 ('Nt. LLC designating Roger Marolt as Authorizea Acent for CM, I.LC. I v. ill be out ot town the remainder ot the week bui please feel tire to cont:-iCI 11.' V,5~' 4--11.â€¢3,1 Â·Â·,1- 4 'Â· , I tp . v Lennie in tne office ifyou need any aciditional items from CM. LI.C. Thank you Gr pur help It: this matter. bincerely. 04 rES, KNEZnial, G ARDENSWA it:/, Kiln & MORROXV. P.(-1 Bv - 1 aÂ«/41---- --- --- -- haiah 6,1. Cates Enclosures RFSOLI'TION t'M, It C John Me{ rac Martin. a member 01 ( '41.1 1 (' 3 meli,Af managed C 'ok,fad,> limitcd labilit, e'nrum Cl untrâ€¢ny"). acting*% Managing P.limber withous a maing hcrch> adopt, the fullow ing Inolutho M III R I Â»i the Ucmher, ot th< Cempan' nu> arc una, ailatte or incapahle et cireuting Mar,ou, doeument~ thai Ina, need Ii, he Â§,Ened b> the C ornran#. and WHERE A'. it â€ž in the k M intereg o i the Â£ or,tpan, and egch of It. iter,â€¢heruo apt,lin< an Auth,irticd Agent on thru behall m fegard to :uch d Eumen[â€¢ 4{ DA. 1111 RI FC)111 111- IT 111 *)1 VI L). ROGI K A 414*11 1 1, herch, appitnitÂ·d a, Authollicd Agent to ad en hdul f of the C wimpan> in regat.i. 10 1 mattiting drunkÂ·nt, with th< l it> " f Acr~n fer the Tutkli, 1.Min arp,mal f.,r the /bren Athlette C ondon,inium. A , A uthonad Agent. R.t * *F R A. M .R< H I i# heteb# auth,vt,ed te take an; andill achon th# he mai deem n,xe,â€¢an ov ptoper irt orde, ti, finallit' the iubdi, 1.H,n *prfuu] document, tin kÂ·hitlf 01 the i entfÂ·,an i. ami 1, turth<, authaft,#d Ii, Ciaute an, and â€¢11 *rument. that he deern. appmpt#/le er neccuan 10 finallie said whdi, igen appinval d,Tument:, inelidmy hut not Immed m the %*iten i~6â€¢n Plat and #uhtn ision Agieemenl 1 he: irt'~mtrn,Â·nt herelinder chall renuain in ctlcel untit the :uhin 1.14. MAutiknt. h.ne born cu:, ulid b, the C â€žmram anJ the ( it> of A.pen and unt,! the lutâ€¢diki~kin drtument: hair txxn fri'orded in Ihe lelt,ILI~ (,111*c Pltim Couril> Clerk and Re<orp., med .4*-9 91.-Â· JOI./ Ah 11, I 1,i;Alcerf'-Kil;Ain 64:,or ~,FiliTe i J;i:Wa- tky-Rvn / CONJ, u~ 01 92142AW +1, ORDINANCE # 17 422 9/A &Â· .-,pA&[142 lutlo ? (Series of 2012) jAM Uww#vk + k pskil. 1%MAkil AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION, SUBDIVISION, GROWTH MANAGEMENT REVIEW, AND BENEFITS THROUGH THE ASPENMODERN - 16* A PROGRAM, AND A SITE SPECIFIC DEVELOPMENT PLAN FOR THE PROPERTY VIA<~) LOCATED AT 720 EAST HYMAN AVENUE, LEGALLY DESCRIBED AS THE ASPEN ATHLETIC CLUB BUILDING CONDOMINIUMS, LOTS Q, R AND S, BLOCK 104, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID NUMBERS: 2737-182-11-008 through 2737-182-11-031, and 2737-182-11-801. WHEREAS, the applicant, CM, LLC, represented by Charles Cunniffe Architects, submitted an application, pursuant to Section 26.415.025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for the property located at 720 East I lyman Avenue, legally described as The Aspen Athletic Club Building Condominiums, Lots Q, R and S Block 104; and WHEREAS, 720 East Hyman Avenue is included on the Aspen Modern Map; and WHEREAS, the applicant submitted a letter dated March 7,2012 requesting voluntary landmark designation in exchange for specific benefits through the AspenModern negotiation; and WHEREAS, pursuant to Â§26.415.025.CO), the ninety day AspenModern negotiation commenced on March 7,2012; and WHEREAS, Â§26.415.025.C(1)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice o f this meeting;" and WHEREAS, the property owners' representative met with the Historic Preservation Commission (the HPC) on May 23,2012; and WHEREAS, at their regular meeting on May 23, 2012, the HPC considered the application; found that 720 East Hyman Avenue was a "best" example of Organic/Wrightian style and, found that the policy objectives for the historic preservation program stated at Â§26.415.010, Purpose and Intent are met, and recommended City Council ("Council") approve Historic I.andmark Designation, requested benefits and fee waivers as stated in HPC Resolution numbered 12, Series of 2012; and RECEPTION#: 590898, 07/26/2012 at 720 E. Hyman Avenue - AspenModern negotiation 11:26:40 AM, Ordinance #17, Series of 2012 1 OF 22, R $116.00 Doc Code ORDER Janice K. Vos Caudill, Pitkin County, CO Page 1 of 11 la ..1 r - i#~.. 444 ' tâ€¢ â€¢ e.7- uâ€¢,1/Jh' Jit<71 Ale Gv ' 0 4 . 4,r 1 ~ j 'WHE~Mbk 'UP~5.0~5.CO)d iliblishes that "as part of the mutually acceptable agreement, 9.c' t the City Cdiliicil nlayi at,its,soleÂ·discretion, approve any land use entitlement or fee waiver ''4 ' 'Armitted by the Municipal Code and may award any approval that is assigned to another Board 1 4 4. or Commission, including variations;"and **1*'. WHEREAS, the property owner requests voluntary Landmark Designation - Â§26.415.030(C), AspenModern; Subdivision review - Â§26.480.040(C) Subdivisions, Growth Management review - Â§26.470.060(3), Â§26.470.070(4),and Â§26.470.080(2), Change in Use of historic landmark sites and structures; Development of Affordable Housing and New free-market residential units within a multi-family or mixed use project: a\\ to be consolidated with the AspenModern ninety-day negotiation process and reviewed by City Council; and WHEREAS, in addition to Historic Landmark Designation, Subdivision, and Growth Management, the applicant had identified preservation incentives that are requested as part of the AspenModern negotiation process in a letter dated March 7,2012. Those incentives requested include: the ability to construct a 2,750 square feet floor area free market residential unit; ability to increase the free market allowable floor area to 0.78:1 or 7,014 square feet of floor area; a waiver o f the onsite parking requirement and a waiver o f the parking cash in lieu payment; and WHEREAS, the applicant agrees that the conditions of approval for the mitigation of the impact of the development regarding affordable housing are accepted by the applicant and constitute a voluntary agreement to limit rent/sales prices on the Property and to otherwise provide affordable housing stock in accordance with the provisions of CRS 38-12-301(2)(a) and (2)(b); and WHEREAS, the Community Development Department performed an analysis of the application including Landmark Designation, Subdivision Review, and Growth Management Review and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value of the benefits where possible; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Approvals and Phasing: a. Approvals. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation, Subdivision, Growth Management Review and a site specific development plan subject to the conditions described herein. 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17. Series of 2012 Page 2 of 11 b. Project Phasing. The applicant shall be permitted to construct the approved project in two construction phases as described herein: . Phase 1: one free market residential unit. Phase 2: the second free market residential unit. All impact fees stated in this Ordinance shall be due and payable at the time of issuance of a building permit for Phase 1, with the exception of the impact fees specifically related to the second free market residential unit. A building permit for Phase 2 must be submitted and determined to be complete within 1 year of receipt o f a certificate of occupancy for Phase 1 0 f the construction. Building Code, Engineering and other departmental requirements stated in this Ordinance shall be met as part of Phase 1 unless directly related to the construction of Phase 2. Section 2: Historic Landmark Designation Historic landmark designation is granted for the property located at 720 East Hyman Avenue (the Aspen Athletic Club Building Condominiums, Lots Q, R, and S, Block 104), Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County. a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. rhe existing atrium is prohibited from being significantly changed, for example by adding a floor or filling in the space in a way that changes the openness and historic characteristic of the feature as represented in the application without approval by the Historic Preservation Commission. Insubstantial changes to the atrium shall be reviewed administratively by the Community Development Director. Section 3: Subdivision Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves Subdivision of the property located at 720 East Hyman Avenue (the Aspen Athletic Club Building Condominiums, Lots Q, R and S, Block 104) for a mixed use building that contains two free market residential units, a commercial component and a rooftop deck. A final Subdivision Plat and Subdivision Agreement that meets the requirements of Land Use Code Â§ 26.480, Subdivision, shall be recorded in the Pitkin County Clerk and Recorder' s Office within 1 year of the receipt of a Development Order. Subdivision Agreement shall include at a minimum the following information: ~. An illustrative site plan of the project depicting the proposed improvement and the 1 approved dimensional requirements, 9*44~+ A. * 2. Plan of any required grading and drainage improvements. 11 I 9 3. Approved planting forthe right ofway. 2â€¢11+ 720 E. Hyman Avenue - AspenModem negotiation Ordinance #17, Series of 2012 Page 3 of 11 4 Encroachment license for the planter boxes. 4. Agreement to record a deed restriction with the Pitkin County Clerk and Recorder's Office that commits the following: 1) the commercial uses shall not be limited to prohibit uses allowed in the underlying zone district of the subject property as amended from time to time, and 2) if the property is condominiumized the residential and commercial components shall remain in separate ownership. The Aspen Athletic Club Condominium plats, Pitkin County Clerk and Recorder reception #201836 and #190688, shall be vacated upon receipt of Certificate of Occupancy for the project. Section 4: Financial Assurances Before the Applicant is issued a Building Permit the Applicant shall provide to the Community Development Department the following: a. Cost Estimates. Applicant' s General Contractor shall cause to be prepared, and certified as correct, cost estimates for all improvements or development for which a Building Permit is required. There are no public improvements associated with the project at this time. Any public improvements associated with the project that are discovered after the approval of this ordinance are subject to the requirements listed below. The cost estimates for the implementation and maintenance of the planting in the right of way described herein at Section 13 shall be reviewed and approved by the Parks Department. The cost estimates for al] other improvements and development in the Subdivision shall be reviewed and approved by the Building Department. Cost estimates for the landscape plan (i,e. the planting in the right of way) shall be shown separately from the cost estimates for all other improvements and development of the Project. Owner shall be responsible for the implementation and maintenance of the landscape plan required by this Ordinance. b. Landscaping Guarantees. Pursuant to and in conformance with the requirements of Â§ 26.480.070(C) & (D) and Â§ 26.445.070 (C)(3) & (4) of the Aspen Municipal Code; and, in order to secure the performance of the obligations of the Applicant to implement and maintain the Landscape Plan, Applicant shall provide a guarantee of no less than one hundred and twenty five percent (125%) of the estimated cost of such Landscape Plan and Public Improvements, as determined and approved in subsection (a), above. The guarantee to implement and maintain the Landscape Plan and to complete Public Improvements shall be made by depositing with the City an irrevocable letter of credit with provisions as hereinafter set forth, or by providing such other security that may be acceptable to the City attorney. If an irrevocable letter o f credit is used, the irrevocable letter o f credit shall be retained by the City until satisfaction of Applicant's obligations under this Section or earlier released by the City. The letter of credit shall be issued by a financial institution doing business in Aspen, Colorado, or such other bank as shall be approved by the City; shall have an expiration date no earlier than two years after its date of issue; and shall provide that it may be drawn upon from time to time by the City in such amount or amounts as the City may designate as justified, such amounts not to exceed, in the aggregate, the amount of the letter of credit. Draws under any such letter of credit 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 Page 4 of 11 shall be by a certificate signed by the City Manager of the City of Aspen, or his designee, stating that the City is entitled to draw the specified amount under the terms of this Section. c. Other Improvements and Development. With respect to all other improvements or development within the Project, the Applicant shall provide evidence satisfactory to the Community Development Department and the City Attorney's Office that the Applicant has in place sufficient financing to accomplish and complete all the development for which a Building Permit is sought, Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant or third party investors. The City Attorney shall have sole discretion in determining if the proposed financing as advanced by the Applicant is sufficient to complete the development activity for which a Building Permit is sought. Section 5: Site Protection Fund Before any Building Permit (including demolition, access/infrastructure, and/or site preparation permits) is issued for each phase of the Project approved by this Ordinance, the Applicant shall deposit with a local title company ("Escrow Agent") the sum of $25,000 in the form of cash or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: "In the event construction work on the Project shall cease for sixty (60) days or longer ('work stoppage') prior to a final inspection by the City of the work authorized by the Building Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons." The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. Section 6: Cash Escrow for Site Enhancement Fund. Before the issuance of a building permit for each phase, and as a condition of such issuance, the owner shall deposit with a local title company the sum of twenty five thousand dollars and no/100ths ($25,000.00),the "Site Enhancement Escrow Funds," in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the Owner and the City which shall provide as follows: i. In the event construction work on the development of 720 E. Hyman Ave. shall cease for ninety (90) days or longer prior to a final inspection by the City of the work authorized by a building permit on the subject property, then the City in its discretion 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 Page 5 of 11 may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work already completed, and for the installing of any public improvements on or adjacent to the subject properly. ii. The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as a determining the public improvements to be installed. iii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to Owner upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for the project, or when otherwise agreed to by Owner and the City. iv. The City shall be named as a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time in accordance with the tenor in terms thereof. Section 7: Approved Dimensional Requirements The building as presented in the plans dated July 9, 2012 and attached as Exhibit A to this Ordinance comply with the effective dimensional allowances and limitations of the Mixed Use (MU) zone district except as modified below. Compliance with these requirements shall be verified by the City of Aspen Zoning Officer at the time of building permit submittal. The following dimensions are approved: Maximum Height: 4 new skylights and a rooftop deck, shown in Exhibit A, are permitted to be 1 ft. in height as measured from where the feature is attached to the roof. Maximum Residential Floor Area: 0.78:1 floor area ratio. 7,019 square feet total free market residential Maximum Residential Net Livable Area: 5,2501 square feet total: 2,750 square feet for Unit 1 and 2,500 square feet for Unit 2 Maximum Commercial Net Leasable Area: 16,560 square feet Maximum Commercial Floor Area: 10,017 square feet Minor adjustments to the dimensions represented above may occur upon review of a building permit as long as the resulting dimensions do not exceed those approved through this ordinance. ' The total maximum residential net livable area requires the landing of 2 transferrable development rights in accordance with Â§26.535 Transferrable Development Rights. 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17, Series of2012 Page 6 of 11 Section 8: Impact and Development Fees: P ar\is Development and Air Quality/TDM Impact Fees Pursuant to Land Use Code Â§ 26.610.030, Exemptions, development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures is exempt from the Parks Development and Air Quality/TDM Impact Fees. School Lands Dedication Before the Applicant is issued a Building Permit, the Applicant shall pay a fee-in-lieu of land dedication pursuant to Chapter 26.620, School Lands Dedication. The amount of the fee shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the applicant submits a Building Permit. Parking Pursuant to Land Use Code Â§ 26.515, Parking, new residential units are required to mitigate parking impacts either through onsite spaces or cash in lieu. The parking cash in lieu for 2 parking spaces equals $60,000 and is due at the time of building permit issuance. 2 new residential units = 2 parking spaces required 2 x $30,000/space = $60,000 Section 9: Affordable Housing The project requires affordable housing mitigation for the 2,750 square feet free market residential unit. The 2,500 square feet free market residential unit is exempt from mitigation pursuant to Â§26.470.060 Growth Management Change in Use .for historic landmark sites and structures which allows historic landmarks to create one new free market residential unit without affordable housing mitigation. The affordable housing requirement is specified below: 2,750 sq. ft. of net livable area * 30% = 825 sq. ft. of net livable area required for affordable housing 825 sq. ft. / 400 sq. ft per FTE = 2.06 Full Time Equivalents (FTEs) required The project is required to mitigate for 2.06 FTEs through either: 1) Offsite Housing. A one-bedroom off-site unit, which is equal to 1.75 FilEs, that is located within city limits east of the Highway 82 roundabout. The remaining 0.31 FrEEs shall be paid as cash in lieu for Category 2 according to the fee schedule in place at the time of building permit submission. The offsite unit shall meet the requirements of the Aspen Pitkin County Housing Authority Guidelines and shall be deed restricted in accordance with Aspen Pitkin County I Iousing Authority requirements at Category 2 or lower. A Certificate of Occupancy shall be granted and a deed restriction shall be recorded for the offsite housing unit prior to the issuance of a Certificate of Occupancy or a Conditional Certificate of Occupancy for Phase 1. -or- 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 Page 7 of 11 2) Affordable Housing Credits. 2.0 FTEs of affordable housing credits at Category 2 level. The remaining 0.06 FTEs shall be paid as cash in lieu for Category 2 according to the fee schedule in place at the time of building permit submission. The affordable housing credits shall be extinguished prior to a Certificate of Occupancy or Conditional Certificate of Occupancy for Phase 1. Section 10: Growth Management Quota System Allotments 1 free market residential unit is herby granted an annual development allotment. Pursuant to Â§26.470.060(3) Change in Use of historic landmark sites and structures, the second free market residential unit is not deducted from the annual development allotments but is deducted from the respective development ceiling levels. Section 11: Building Permit The applicant may not submit a Building Permit Application until the requirements in Land Use Code Â§ 26.304.075.A, Building Permit Application, are fulfilled. The building permit application shall include the following: 1. A copy of the Development Order issued by the Community Development Department (see Â§ 26.304.075(A)(2), City of Aspen Municipal Code.) 2. A copy of the final City Council Ordinance and HPC Resolution. 3. The conditions of approval shall be printed on the cover page of the Building Permit set. 4. A construction management plan (CMP) and drainage report pursuant to Engineering and Building Department requirements. 5. Accessibility and ANSI requirements shall meet adopted Building Code requirements. Section 12: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, Title 28, and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted and approved prior to recordation of Final Plat, Failure to meet the standards in Title 21 and Title 28 may result in a physical change to the project and possible review by City Council and/or HPC to amend the design. An encroachment license is required for the planter boxes located in the Right-of-way, Section 13: Parks 1. The Parks Department shall review and approve the planting for the planter boxes. 2. Landscaping in the public Right-of-way shall be subject to landscaping in the Right-of- way requirements, Aspen Municipal Code Chapter 21.20. All plantings within the City Right-of-way must be approved by the City Parks Department prior to installation. 3. RightÂ·-of-way requirements necessitate adequate irrigation pressure and coverage, if a system is not in place one will need to be added that is specifically designed for the trees in the planter boxes. 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 Page 8 of 11 Section 14: Fire Mitigation Before the Applicant is issued a Building Permit, the Applicant shall obtain the approval of the Fire Marshal of a Fire Protection Plan which shall include the following elements: 1. Compliance with all codes and requirements of the Aspen Fire Protection District 2. Sprinkler, fire alarms and carbon monoxide alarms are required. (IFC as amended Section 903 and 907). 3. Documentation that the development has sufficient volume and pressure of water for the sprinklers or other fire suppression system adequate to satisfy the District's standards for the type of structures proposed by the approved development. This requirement shall be satisfied by an analysis acceptable to the Water Department which demonstrates system delivery capacity of existing water distribution system at the Water Departments' main water to the approved development of no less than 3,000 gallons per minute. 4. An overall access plan for the site. Section 15: Sanitation District Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Section 16: Water Department The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code in place at the time of building permit submittal, as required by the City of Aspen Water Department Section 17: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Â§ 26.575.150, Outdoor Lighting. Section 18: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right pursuant to Land Use Code Section 26,308,011 attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for seven (7) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights, Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 1 year of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Â§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. 720 E, Hyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 Page 9 of 11 No later than fourteen (14) days following final approval of this Ordinance. the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of seven (7) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes. pertaining to the following described property: 720 East Hyman Avenue, the Aspen Athletic Club Building Condominiums, Lots Q, R and S, Block 104. City and Townsite o f Aspen, Colorado, by Ordinance of the City Council of the City of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City ofAspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 19: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 20: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 21: 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. 720 E. Hyman Avenue - AspenModern negotiation Ordinance #17, Series of 2012 Page 10 of 11 The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 22: A public hearing on this ordinance shall be held on the 11 th day of June, 2012, at a meeting o f the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 29th day of May, 2012. /76 44 4 1- 2 9 -1 1 Michael C. Ireland, Mayor AT~ST: ,12ZioNÂ«jia<- Kathryn Koe]~:fity Clerk FINALLY, adopted, passed and approved this 23rd day of July, 2012. /lot &04 L 1 , 2.T -1 3 Michael C. Ireland, Mayor Kathryn Koch, 52% Clerk V APPROVED AS TO FORM: 547-22Â» d _ 'James R. True, City Attorney Exhibit A: Floor plans and elevations illustrating Section 7 of the Ordinance. 720 E. Hyman Avenue - AspenModem negotiation Ordinance #17, Series of 2012 Pagellofll h ki bit A V DfUKee,#11-,91'il<1011 Z# - . ,- f=n - 1 0-2 ;1.11 . h [,4 2Â» 1 L '= I 1 7 7-1-n I / 6 Il i -, 1 9 1 11 F I? \ 1 Il - i *61 1 1 - 11 -1. 1 0 -1 = = - 10 .! 1,6 rf 0C 47 Â»-) 1 1. ~ ~~ 2 1 --_- 7 11 / 1 Im -L I 1- 1 242-1- 1 1. 1 t--=Â»Â» E--- If li 11 43. .i :R .1 t, 3. 2. 4 4 00 0 07 09.12 720 EAST HYMAN CHARLES CUNNIFFE ARCHECTS ilil ww,4 cunniffe corn 720 EAST HYMAN AVE 6,0â‚¬4-,m- A~ 1 -9 CO .6Â·.1 E g7092559Â¢ I fAX .t@21 4,0 a. ASPEN. COLORADO 81611 AMAMMFWAM 60=1Ohic! NOOVABLE EAV NVIN / L'EV d .~rGI.Z. - i.~9445 4-5.4 9 - 6 11 "1 Ir 1 f In 1 - *1 - I m . 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COLORADO 81611 t<49. 5 Z: 98 .m :R -0 - Ikx -'-jÂ«lt- L 1 If<-li - - -1- 11_ itt Ft.t-Y 5 ir[~r- T-r[#=3_ 1 /m L d_Eliti -___1#L -= F Mil- r- 11 4 - ' i'"I" L 1,;* ~1,1- ~ft-E 414 117 1 1 -1 'FA K T1 4 4Arl ith L.4 Â£.1 \ ~Ll | '~|| ' i' 1 LEEK UL : AN--1 "1 -' ,-r,Â·i. 1 kf-7 I -9.4 6' â€ž /1 -4 ./ 11 5â€¢ U 22 3 4 56 1 40 2 07.0912 720 EAST HYMAN CHARLES CUNNIFFE ARCHITECTS /--9 Â·,wicunni.com CO 720 EAST HYMAN AVE. i,OEâ€¢r'â€¢f-â€¢Avt- 1 ,SPEk. 31,V i e/92~# FAN=*12459 AS>EN, COLORADO 81611 4 7 t i - FBO 11 11 3 4 4 1 + 5 34 M & 2 i 4, --2. 1 -1 ---1 --f-/3 i :4 ...\ i 1 1 - ' A :.\ E li I ---11 7-11 - f j 11 - 1-0 r ril 70 r,3 91 000 71 - 1 .It/' 6 -1 --0 1 11 1 - 4 \0 1--- ~ 1-= 4-* -/1 / i 29 4 1- : 3 - grf I /3103Â«11-21 1 /r i 11 2 /1/ 1 -3 ti 1 7 11 1 0 0 2 3 07.09,12 720 EAST HYMAN CHARLES CUNNIFFE ARCHITECTS ili] ww*.cunniffe corn 720 EAST HYMAN AVE. KE:Ar Iff~~AVE Gel. CO 04'.1 TEL~*12eU* FAK970~20*7 ,â€ž ASPEN. COLORADO 2 1611 NOI1*63-13 10-1 INDO - MP -3---- ~EFLAct Ar,ININ6 9 EV 5-3 1/2 LINE 0,= EX*STING BASEMENT . FOUNDATION 13/LOI .---= Cli Â©Elwl[[} 2 ~ 1[b TEPS 5'.5 1/2 ' */- ~ -3 1 A 0 0 E = f 1 ,-4 i 12 i :1 5'-0 /- 2-J ASPEN ATHLETIC BUILDING 0-L i ' ASPEN ATHLETIC BUILDING ~OF>CRTÂ¥ LINE 1 ; 1 g ?11 & 1 * 4 5 1,285 6 F oF PUBLIC AMENITY 6PACE - ..- 4 IL 1 HYMAN AVE AND ORIGINAL ST (510-1 MTCHED) ALON6 8Â©TH \ ~/455/kil I coveRE 0 OPEN I ~ ' SPACE . ' 0 . N\' M 4N UN/////11 littilifitillit i jilillicillilitill / 7i*frzilill . yLANT-AR *POW#W//7//ff#Vf-f-/I-ll/l/*W/kff//fli // ,-4 ---Â· LINE OF EXISTING BASEMENT 904 -o FOUNDATION BELOW HÂ¥HAN AVE HYMAN AVE NO rE REFER TO SURVEY FOR el,IL-DING Pt ACEMENT AND PROPOSED EXISTIN6 HARDSCAPE AND Atle,4 PROPOSED LAN[>SLAPE CONDITIONS DITE PLAN ON SITE f k.\ PUBLIC AMEN'-7 DIAeRAM ~ NO PARKINe IS PROVIDED - 11. = 16'-0 1, = 164-0 TOTAL PUBLIC AMENITY SPACE = TOTAL LOT AREA = 4.000 sf EXISTING 1.285 se. OR 14.39> OF LOT - f.-41 24-10 1 9 t.Â·91â‚¬11 Â· O u'lul 41 1 % U PILATES MECHANICAL 17-71 MECHANICAL ROOM ROOM 1* ~ ROOM Elin 124 A-=V~ L oFFICE 1 OFFICE 11 I 0 O El NAUTILUS CLIMBING TRAINING CIRCUIT ROOM ROOM 0 C C Sil 0 0 n PROPOSED 44 ELE-BASEMENT PLAN . 111 = 10'-O' 07.09.12 720 EAST HYMAN CHARLES CUNNIFFE ARCHITECTS ill www.Gunniffe.corn A2.1 720 EAST HYMAN AVE, 510 EAST HYMU AVE I ASPEN CO Mn 1 TEL 870.92S.6590 1 FAK K I .4557 8. ASPEN, COLORADO 81611 Er , SAUNA MEN'S LOCKERS STEAM -A=M LAUNDRY / STORAGE 1 ~1 0 WHIRLPOOL i WOMEN'S LOCKERS AEROBIC At, EOUIPMENT 111 0 . 6 - LAP POOL O FREE O EQUIPMENT WEIGHTS BAN f ff 9-1--~ 0 0 PROPOSED 44 BADEMENT PLANI 1. = 101-0. 07.0'9.12 720 EAST HYMAN CHARLES CUNNIFFE ARCHITECTS ijil www.cunnitle.com A2.2 720 EAST HYMAN AVE. 610 EAST HYRIAVE ' ASPEA CO 8,511 I rEL 97025.5590 I FAK. 9?0320,4557 8. ASPEN, COLORADO 81611 13333 ' LÂ·44 ' .1.â€¢W lii l'i ~li~1 -441101 ul 17[ i mliFRT@ ~ r'~ M. 1 1 - OFFICE LÂ»11 0 EnÂ·31 Otv I 11 h >LJ ATM LOBBY OFFICE / BANK 4 442~ - LOBBY / ATRIUM 2] OFFICE T 1 OFFICE -1 F-1 ' --- t k PROPOSED -4044 MAIN LEVEL PLAN 111 = 101-0. 07.09.12 720 EAST HYMAN CHARLES CUNNIFFE ARCHITECTS illi www.cunniffe.com A2.3 a. 720 EAST HYMAN AVE. IO EAS-THYMMAVE 1 ASPEN CO 81611 I TE!- 970~92~590 I FAC<:970.520.4557 ASPEN, COLORADO 81811 lai wi~~Vim7 31 6. 0 4 0 .. 4 - a M OFFICE d 4 0 f . 0 1-9 o DENTIST OFFICE E--11 - C 14-3 -- -3 1-1-ff 1 - - R Â°23.10 -r~1 -7 11 It_.1 Â· \111 1 1 - h D C 0 C 23 111111 ?POWSED 40974 52:OUND' LEVEL PLAN 1,! = 10.Oil 07.09.12 720 EAST HYMAN CHARLES CUNNIFFE ARCHITECTS ilil \AA,AN.Cunniffe Com A2.4e 720 EAST HYMAN AVE. 6,005Â·r IrMANAVE ASPEN. CO 81611 I TEL. H70325.5590 I ve 9709204557 8. ASPEN, COLORADO 81611 -Tri-RE A 71111 I 111 9 '1 f '7 42-41 'b h 0 117 4- 0 --1 UK 4 h 02 - EE-7 1 4: BRean 'i, 84-n , 0 \\ b i gh U /10 2 L_L_J 7 F - 714[i - - r- BAâ„¢ 1 - r ry:r --/-- - ...1 11 -9 ----- -ll i D t-1 4 Il- --- 17 1-Q--0-./.UNJ<L 4 uÂ° fIL ' . Â· in-7 ff U " 1 - 4411Pt-1 -7 1 I77lt><1 - 17 f,4-lA . W). 1-ILE]EL FUL - /,CÂ·-1 1Â©) U R ./.A 4~-1 -T-31 h_ 3 4 0 LAU -1 FREE MARKET UNIT #2 ,/ ~REE MARKET UNIT #1 <~ O al C 21 - -m: -4 r - -*Â» - 1 7-D 1 AM,&5749 1 < Ill 1/ U-Ko PO>41 0 0 - f r 31-4-1-Fl~] 1$ _7-_1 ~ Â°- 1 0 El *Â¤ __ +rh' 111 1 11=400 4 =4*U U=lu 0 g- 0 1 3 A Fi Fa Fa - 1-- 6 2:J r - Un ..Â© 3 -34 2 1 21\ 626=!62 1 -I. 400. ff] In N -7 - Â¤ y | 2-tj Et J ILL 0 u 0 0 - -_ 60> CIr 0 0 0 PROPOSED THIRD LEVEL PLAN ~ m. = 101-0. 07.09.12 720 EAST HYMAN CHARLES CUNNIFFE ARCHiTECTS www. cunnifte.com A2.5 720 EAST HYMAN AVE 610 EIT HYM,N AVE I ASPEN. 00 81611 I TEL: 970.925.5590 FU. 970 920.4557 ASPEN. COLORADO 81611 - 1 III 3-lilli I I 21 1 11111 1 1 1 r., rn . m . 6< 1 Â·Â®REEN. ROOF Â·--- Pript_/ 11 0 0-3 0 PROPOSED PROPOSEO PROPOSED SKYL ]SHT 51<YL.IGHT EXISTING SKYLIgHT ELEVATCR OVERRLIN PENTUIOUDE XAEXISTIN@ ~1Â¢<YL-leHT =Ntimpl 21_ 4 4 RESIDENTIAL ROOF DECK seera. 5 ~- GUARDRAIL < PER cODE ~ -DRECN' ROOF 1 PROPOSED .*/544 ROOF LEVEL PLAN 1,1 i IO'-O,1 07.09.12 720 EAST HYMAN CHARLES CUNNIFFE ARCHITECTS ilil Mww.cunniffe.com A2.6 720 EAST HYMAN AVE. 61 0 WT Im4â€¢NAVE K ASPEN Â¢6 81611 I TEL 970.921550 Re 970 924557 8. ASPEN, COLORADO 81611 . O 3 J I &7<20 / p- Ad Name: 7957816A ORDINANCE,~Ue HEARING Customer: Aspen (LEGALS) City of flrst reading at the City Council meeting May 29, Ordinance #17, Series of 2012, was adopted on O; -3%-( 1.___ 2012 This ord,nacce.,l adopled w,ll approve ASÂ· Your account number: 1013028 pen Modern negotiation for landmark *signation and Denelits lor 720 E. Hyman Avenue. the Aspen Athletic club. The public hearing on Ihis ordi nance Is scheouled lor Jim 11 2012 / 5 PM, City hall 1.30 South Gatena PROOF OF PUBLICATION To see me entire text. go to the cltys legal notice website TE: Al<N TIM:0 2012. (79578161 hno,//www aspenoitkrn,coni/Denanmenfi Â©le<AiggaLNQI,iesl Il you would like a copy FAXed or e-mailed to you. call the city clerk's offi ce 429.2686. Puolisned in Ihe Aspen Times Weekly on May 31, STATE OF COLORADO, COUNTY OF PITKIN 1, Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein. that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 5/31/2012 and that the last publication of said notice was in the issue of said newspaper dated 5/31/2012. In witness whereof, 1 have here unto set my hand this 09/12/2012. 70>770*41*- Â£-7 Jim Morgan, General Manager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 09/12/2012. trkÂ»1 9, 200.Jaj~ h a.0,Â«_ Mary E. Borkenhagen, Notary Public My Commission expiresÂ· September ] 2, 2015 e t BORâ€žÂ·" 4 'LOTAR. #f 3 Coleâ€¢ 0*50 60." 0.11 <f@'s '0* ~45> TELEPH A FINAL PLAT OF THE RE=SUBD~VI SION PLAT OF THE ASPEN ATHLETIC CLUB BU~LDING CONDOMI NIUM CERTIFICATE OF OWNERSHIP AND DEDICATION A RE-SUBDIVISION OF: KNOW ALL MEN BY THESE PRESENTS THAT CM, LLC A COLORADO LIMITED LIABILITY LOTS Q. R. AND S COMPANY BEING THE RECORD OWNER OF ALL UNITÂ§ IN THE ASPEN ATHLETIC CLUB BLOCK 104 BUILDIN& CONDOMINIUM, ACCORDING TO THE MAP THEREOF RECORDED JANUARY 3, CITY AND TOWNSITE OF ASPEN 1976 IN PLAT BOOK 5 AT PAGE 45 AS AMENDED BY THE AMENDED MAP THEREOF COUNTY OF PITKIN RECORDED FEBRUARY 13 1978 IN Â¢,LAT BOOK 6 AT PAGE 74, AND AS DEFINED AND LOADING K 1--10' STATE OF COLORADO DESCRIBED IN THE CON6OMINIUM DECLARATION THEREOF RECORDED JANUARY 3 1976 AREA: 0.207 ACRES ./- (9,000 S.F. ./-1 IN BOOK 322 AT PAGE 370 AS AMENDED BY THE AMENDED CONDOMINIUM DECLAAATION RECORDED FEBRUARY 13, 1978 IN BOOK 343 AT PAGE 402, ALL OF THE ABOVE SITUATED ON LOTS 0 10 20 THIS RE-SUBDIVISION PLAT SHALL NOT BE CONSTRUED TO PRESENTLY AMEND, VACATE OR TERMINATE THE AMENDED CONDOMINIUM Q, R AND S BLOCK 104 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, DECLARATION FOR THE ASPEN ATHLETIC CLUB BUILDING RECORDED IN BOOK 343 AT PAGE 402 AS RECEPTION NO. 201837 PURSUANT T6 THE REQUIAEMENTS OF THE CITY OF ASPEN ORDINANCE â€¢17 (SERIES OF 2012) (AMENDING THE ORIGINAL CONDOMINIUM DECLARATION THEREFOR RECORDED IN BOOK 322 AT PAGE 370) OR THE AMENDED DOES HEREBY PLAT AND SUBDIVIDE SAID REAL PROPERTY INTO THE SUBDIVISION PLAT CONDOM INIUM MAP OF THE ASPEN ATHLET IC CLUB BU ILDING RECORDED IN PLAT tiOOK 6 AT PAGE 74 AS RECEPT ION NO. OF ASPEN ATHLETIC CLUB BUILDING CONDOMINIUM INCIDENT TO THE DEVELOPMENT 201836. (AMENDING THE ORIGINAL CONDOMINIUM MAP THEREFOR RECORDED IN PLAT BOOK 5 AT PAGE 45) THE VACATION OF THEREON OF A MIXED USE CONDOMINIUM PROJECT AND DO HEREBY DEDICATE TO THE THOSE DOCUMENTS SHALL BE VACATED. AMENDED AND RESTATED AT THE TIME REQUIRED BY ORDINANCE â€¢17 (SERIES OF 2012). APPROPRIATE UTILITY COMPANIES FOR THE NON-EXCLUSIVE USE THEREOF AND ALL PUBLIC UTILITY EASEMENTS THAT MAY BE SHOWN AND NOTED ON THE CONDOMINIUM MAP TO BE - - -BLEC,. --- RECORDED UPON SUBSTANTIAL COMPLETION OF THE PROJECT. EXECUTED THIS - DAY OF , 2013. *-- CM, LLC - BY: %18 NAME TITLE STATE OF COLORADO ) ---SEÂ»E. , 8. L /NEÂ· - ~ COUNTY OF PITK IN ) RED OAE - THE FOREGOING CERTIFICATION OF WAS ACKNOWLEDGED BEFORE ME THIS- VICINITY MAP 25947 --I OF CM, LLC. 4 -6 -2 -9\- DAY OF 2013 AS , , BY S, 20. 2.LOC, 12----- WITNESS MY HAND AND OFFICIAL SEAL. CONC ~ PHONE BOX MY COMMISSION EXPIRES . CONC,/STA/RS ~ -- SUPERVISION AND DIRECTION IN ACCORDANCE WITH COLORADO REVISED + ROW -, 1017%*---N- NOTARY PUBLIC .. PAVED ALLEY 'a 4 750 09â€ž. - SURVEYOR'S CERTIFICATE JOHN HOWORTH A REGISTERED LAND SURVEYOR, HEREBY CERTIFY THAT IN SEPTEMBER, W 90.00 - I@ METAL STA~'S -- --- 2613 A SURVEY 0# THE HEREIN DESCRIBED PROPERTY WAS PERFORMED UNDER MY * 4.- --- STATUTES!973, TITLE 38, ARTICLE 51, AS AMENDED FROM TIME TO TIME, AND THAT THIS 12-D CONC O - -- RE-SUBDIVISION PLAT ACCURATELY AND SUBSTANTIALLY DEPICTS SAID SURVEY, THE 6'DL ERROR OF CLOSURE IS LESS THAN 1:15,000 RECORDED EASEMENTS, RIGHTS-OF-WAY 8. RED - - AND RESTRICTIONS ARE THOSE SET FORTH IN SECTION 2 OF SCHEDULE B OF THE TITLE TRASH 25947 COMMITMENT ISSUED BY PITKIN COUNTY TITLE, INC. AS CASE NO. PCT20668L5. UTILITIES 79.9 TITLE CERTIFICATE SIGNED: \1.0 9 UTILTIES MECH. JOHN HOWORTH PLS 25947 DATE 8'DL PAVEMENT 14. BRICK /1-~/ 8/// 7 / / 5 141 THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, fi --~m,G*WL~*-%. INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY THAT THE PERSON LISTED AS OWNER ON THIS PLAT DOES HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY, FREE AND CLEAR OF ALL LIENS 10'DL EXCEPT FOR THE LIENS OF THE MORTGAGEE NAMED HEREON. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE 4 4/ OF TITLE. AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNtY TI TLE, 1 NC. CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE NOR A GUARANTEE FEMilillillimilihilli:illT<I.Z.l.i---- I ASWEN ATHLETIC dLUB NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. 10'DL RICK WALL TYP - ASPEN, CO 515\\ 47 Q 601 E. HOPKINS PITKIN COUNTY TITLE, LNC. "CCEIVEL 00 8 BU~LDING CONDOM/INIUM BY: 00 9 NAME TITLE BUILDING FOOT PRINT: 6.170 S.F. ./- DATE: , 2013 SEP 1 9 2013 4 * Â· STATE OF COLORADO ) COW.v OF.ASPEN r, 43%323 WI'U/â‚¬, ' Pole \7'41 2 A S. 11,1 ; Uk VELOP/ENT Â¥ COUNTY OF PITKIN ) BOOK 309 PAGE 97 < ( THE FOREGOING INSTRUMENT WAS ACK~EDGED BEFORE ME THIS f ./ 64/1 C /0 A (+1 9 3 OF 22'1'3, BY , AS ~ 41 OF PITK IN COUNTY TITLE, INC. 0 Q' WITNESS MY HAND AND OFFICIAL SEAL. 13Â·n 9 MY C-YMI SS ION EXPIRES: 7 '720- ~ ~~P s Â· NOTARY PUBLIC ~ COMMUNITY DEVELO~ENT DIRECTOR'S ~PROVAL 00 REVIEWED AND APPROVED BY THE DIRECTOR OF THE COMMUNITY DEVELOPMENT 82 0 47 THIS RE-SUBDIVISION PLAT OF ASPEN ATHLETIC CLUB BUILDING CONDOMINIUM WAS 2 e 15-D -1, 7' DL * DEPARTMENT OF THE CITY OF ASPEN, THIS DAY OF 2013. 1 1 Â£102 4 1 83S .4/ e 0 4, ' k â‚¬ b 9.40 A #.,0 2 CHRIS BENDON 6{0* Â· 9 V 4- \ ~ 6,0 40 , \ a,Affragw 2% / . m 31# , 07 MORTGAGEE CONSENT S 75.09 Al/ THE UNDERSIGNED, BEING THE HOLDER OF MODIFIED DEEDS OF TRUST RECORDED 1/19/12 AS 2 40 RECEPTION NOS.586011 MODIFYING 528092, 586012 MODIFYING 538869, 586013 MODIFYING 528090 11.2 3.2 AND 586014 MODIFYING 531869, PITKIN COUNTY COLORADO ENCUMBERING THE HEREIN DESCRIBED pAoPERTY 270.00 % / DOES HEREBY CONSENT TO AND APPROVE OF THE AECORDI NG OF THIS RE-SUBDIVISION PLAT AND ~ RICK WALL TYP. ~ '.O THE MATTERS SET FORTH HEREIN. / . DATED THIS DAY OF 2013. 0 1 60.2 1'~~~ ' l m ALP \ WE 'BANK .AVEL COVERED ENTRY ~ A BY: CONC WALK ~ GRAVEL ~ - ~ COUNTY OF PITKIN ) b NAME ITS: TITLE LEGEND AND NOTES S 75'09 r STATE OF COLORADO 1 4, 00 11'E E 1 8. O SET SURVEY MONUMENT LS 25947 4 90Â· 00 Â· e A A MANHOLE Er:,0047 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2013 BY AS 4 SURVEY CONTROL cme - WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OF ASPEN. THIS OF AL#INE BANK. BRICK WALK CITY ENGINEER' S */14*eÂ¥*I. REV\EW GRA VEL TITLE INFORMATION FURNISHED BY: BRICK LANDSCAPE WITNESS MY HAND AND OFFICIAL SEAL. PITKIN COUNTY TITLE. INC. ENCROACHMENT LICENSE WALL TYPICAL MY COMMISSION EXPIRES: NO. PCT20668L5 RECEPTION NO. 456622 BACK OF DATED: JULY 24. 2006 -ike, A W'/ All A ST , THIS RE-SUBDIVISION PLAT OF THE ASPEN ATHLETIC CLUB BUILDING CONDOMINIUM NOTARY PUBLIC e e FENCE Wick -4 1,â€¢e/0Â¢61*193 8 FA,AN 27 0 STREET LIGHT --- 74.80 AV ENDS SEE AMENDED CONDOMINIUM MAP FOR ADDITIONAL INFORMATION R.0.* CONC \I HANDICAP ~ DAY OF 2013. * ACCESS \ 4.3 SLANTED TEXT DENOTES BUILDING TIE 1- 272- - - TRICIA ARAGON, CITY ENGINEER /4.43-- TREE. WITH CALIPER IN INCHES: F-CONIFER. D-DECIDUOUS. DL-DRIP LINE IN FEET --- - 6----- CITY COUNCIL APPROVAL G.C.E. - GENERAL COMMON ELEMENT (SEE CONDO. PLAT) - 1 Jae %\ WATER LINE cn i THIS RE-SUBDIVISION PLAT OF THE ASPEN ATHLETIC CLUB BUILDING CONDOMINIUM L.C.E. - LIMITED COMMON ELEMENT (SEE CONDO. PLAT) : 1 \0 -\ 17, SERIES OF 2012 ADOPTED ON JULY 23, 2012 AND RECORDED ON WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN BY ORDINANCE NO. POSTED ADDRESS: -720' - - GPS MONUMENT O ' CITY OF ASPEN JULY 26, 2012 AS RtCEPTION NO. 590898, PITKIN COUNTY COLORADO. 27 FIRE HYDRANT - < NO. 4 THIS RE-SUBDIVISION PLAT OF THE ASPEN ATHLETIC CLUB AUILDING CONDOMINIUM WAS REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN THIS DAY OF , 2013 0 WATER VALVE - < mt BY: THIS PROPERTY IS SITUATED IN ZONE -X- (AREAS 6 DETERMINED TO BE OUTSIDE 500-YEAR FLOOD PLAIN) AS 4 ATTEST: STEVE SKADRON, MAYOR SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.M.A.. FOR PITKIN COUNTY. COLORADO. COMMUNITY- IN. 1~ KATHRYN KOCH, CITY CLERK PANEL NUMBER 08097C0204 C. EFFECTIVE DATE: JUNE 4. 1987 CLERK AND RECORDER CERTIFICATE M~DFL~WOH~ZARDL1~AEAJ ' DEFTNEEDSB?ETH~ C~TYO~YA::ENSPEN Â£1F' THIS RE-SUBD IVISION PLAT OF THE ASPEN ATHLET IC CLUB BU ILDING CONDOM INIUM MASTER DRAINAGE PLAN. PROJECT NUMBER 1963, FIGURE ES-15. COUNTY, COLORADO AT 0'CLOCK -. M., AT THIS DAY OF WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN BEARINGS BASED ON THE SOUTHEAST CORNER OF BLOCKS 94 AND 99. 2013 AND WAS DULY RECORDED IN PLAT BOOK AT BOTH YELLOW CAPS LS 9184.Â· N 75'09'll-W PAGE AS RACEPT ION NO. ~ CITY OF ASPEN GPS MONUMENT PREPARED BY NO. 1 CLERK AND RECORDER ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS ASPEN. COLORADO 81611 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION PHONE/FAX (970) 925-3816 BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE DATE JOB SURVEYOR. 38 I 83D 9/13 0000 02 ' k '-05 - I"g Ok -- C m- weo - Pi ate,ec *OP*O'.O, OCVO 1*--E),O