HomeMy WebLinkAboutLand Use Case.535 Dean St.0092.2005.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER
0092.2005.ASLU
PARCEL 10 NUMBER 2737-18-2-96-033
PROJECT ADDRESS 535 E DEAN ST
PLANNER JAMES LINDT
CASE DESCRIPTION INSUBSTANTIAL PUD AMENDMENT
REPRESENTATIVE SUNNY V ANN 925-6958
DATE OF FINAL ACTION 1/6/2006 12:01
CLOSED BY Denise Driscoll
Nann Assoc.:VElOiMENi
r1o. 0304 FP. 2
Dec.21. 2005. 4:41PM
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MEMORANDUM
TO:
Chris Bendall, Community Development Director
FROM:
James Lindt, Senior Planner (S""l--
The Re5ideDces at Little Nell- IIIlIubstantial PUD AmendJuent
RE:
DArE:
December 8, 2005
SUMMAIl.Y:
The Residences at Little Nell, LLC, represented by Valln Associates, has applied for an
insubstantial amendment to the approved Residences at Little Nell Subdivision/PUD to
amend the approved PUD to allow fur the two (2) free-market ,-esidential units approved
'I1I.ithin the development to be converted to lTactional ownership units. Ordinance No. 30,
Series of 2004. which approved. the Residences at Little Nell SllbdivisioWPUD contained a
condilion of approval allowilli for the SIIbjcet units to be fractionalized pursuant to an
insuhgtm,tial PUD amendment.
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APPLICANT:
The Residences at Little NeU, LLC, Represented by Vann Associates.
ZoNING:
Lodge with a PUD Overlay.
REVIEW 1'll.OCEDURE:
Tile Community Development Director may apprOVe, approve with conditions, or deny an
insubstantial amendment to an approved pun pUCS\lant to Land Use Code Section
26.445.100, PIlJTlT/Bd Unit Developments,
STAn COMMENTS:
In reviewing thc Applicant's requllSl, Staff believes that the conve('9ion being proposed jg
consistent with the approvals gl'anted in OrdiJwJ.ce No. 30, Series of 2004, approving the
Residencea at Little Nell $ubdivislonIPUD. The ordinaAce - appwvlng the Ql"igillal pr-oject
contains a section identifYing tilat the Applicant may convert the two (2) whoUy.owned
residential units to fractional units 2IDli iDclude. them in the timeshare use plan, provided that
an insubstantial PUn ilJIlondmen.t is appmved for record keeping pwposes_ Staff furrher
feels that the proposed conversion is consistent 'With 1he Jodging goals of the community In
that the units are more likely to be occupied and reIlted on a short-term basis if they are
included in the timcslwe IlSc plan lban if they are malotained as wholly--owned residential
units,
REcOMMENDATION:
Smff believes that lbia ll.pplication meets the review standards for granting an insubstantial
POO amll11dmel1t and recommends that the Community Development Director approve this
insubstantial POO amendment to allow for the twQ (2) wholly.owned residential units
I
Reteivee 7ime Dec. '3. lD:59PM
DEC-21-2005 09:44AM FAX:970 920 9310
ID:
PAGE:002 R=95%
Dec,21. 2005' 4:42PM IYa)A~SSOC, ,VtcOi:v.ENi
~1o. 0304 iP, 3
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approved in the original PUD to be converted to timeshare lodge units and included in the
funeshare use plan.
AfFROV il.L;
I hereby approve this insubstantial amendment to the Residences u Little Nell
SubdivisionIPUD allowing for th~ Lwo (2) wholly-owned .....~idential units to be collverted to
timeshare lodgo rooms and included in the Residences at Little Nell' s time~hare use plan,
with the following condition:
1. The Applicant shall record this document at the Pitkin Coullty" Clerk ll11d
Recorder's Office within thirty (30) clays of approval.
2, The units subject to the cOllverslon shall be included in the tim~ use plan
pursuant to the temIS that were applied to th~ other fractional units in the
Residences at Little Nell Subdiv:isionIPUD.
3. The School Lands Dedication fees that were paid to the City of Aspen for the
two (2) free market residential units subject to ihis application shall not be
refundable.
dN~~ d~Uw\:1I~
Chris Bendon, Community Development Director
ACCEPTANC&:
I, 3$ a person being or representing the appli~t, do hereby ~greo to the condition of this
approval and certify the information provided ill this application is correct to the best of my
knowledge.
Applicant:
ATTACRlImNT8:
Exhibit A - Review Criteria and Staff Fmdings
Exhibit B - Application
1111111111111111I111111 ~;;~~~;! :1:581
JANICE K vas CFlUDILL PITKIN COUNTY CO R 41.00 00.00
2
Recelvd Time Dee, 13. 10:5~PM
DEC-21-2005 09:44AM FAX:970 920 9310
ID:
PAGE:003 R=95%
Dee,21 2005. 4:42PM 'Van.~"",boc.:VtlOPMtNT
~1o. 0304 FP. L
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Exhibit A
Review Criteria
Insubstandtd PUD Amell.dmeat.
I. A change in the use or character of the developlllCll.t
Staff Finding:
Staff does not believe that the proposed ......""'lment will chiuge the charaotcr of
1he development and will further compliance with the commWlity' $ lodging goals.
Slaff finds this criterion to be met.
2. An inc~e by greater than three (3) percent in the o~a11 coveragll of structures on
the land.
Staff Findinlt:
The amendment does not increase the overall coverage of structures. Stat{ finds
this criterion to be met.
3. Any amendment that substantially incnases trip gllllOBtion rilles of the proposed
development, or the 11.........11 for public facilities.
Staff Findinlt:
Trip generation and demand for public infrastructure are not impacted by this
change. Staff finds this criterion to be met
4. A reduction by greater than three (3) percent of1he approved open space.
Staff. Findinll:
The IIIII.ll1.mt of opQD space will not be reduced as a result of this amendment.
Staff finds this criterion to be met.
). A reduction by greater than one (I) percent of the off.street parkhlg and loading
space.
Staff Findinlt:
The Applicant is not reqllCSling iIIl ilIDenrlm~ to the existing or required number
ofparlcing spaces. Stafffinds this criterion to be met.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
StaffFindinJ:
The Applicant is not proposing <;;hou,,"\OlI to right-Qf-way widths. Staff find:! thi~
criterion to be met.
R en i ve d 1 i me Dec. 13. 10 : 59 PM
DEC-21-2005 09:44AM FAX:970 920 9310
w:
PAGE:004 R=95%
Dec.21. 2005 4:42PM
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7. An increase of greater than two (2) percent in the approved gross leasable floor area
of cmmnercid buildings.
StaffFinnina:
The Applicaut is not proposing changes to a commercial blulding. Staff finds this
criterion to be ml!lt.
8. An increase by greater than one (1) percent in the approved residential density of the
development.
Staff ~in(Hna:
The Applicant is not proposing ;m increase in the residential density. Staff fmds
this criterion to be met
9. Ar1y chan8e which is inconsistent with a condition or Il!lpresentation of the projcet's
Ol'iginalllpllroVal or which requires granting a further variation from the project's
approved use or dimensional requirements.
StaffFinmno'
The proposed am'"-.ndment is consistent wi1h the project's orisinal approval. Staff
finds this criterion to be met
1111111111111111111111 ~;;~~~:~ :1:581
JRNICE K vas CAUDILL PITKIN COUNTY CO R 41.00 0 0.00
Received Time Dee, 13. lD:59PM
DEC-21-2005 09:44AM FAX:970 920 9310
!D:
PAGE:005 R=95>'
Dec.21. 2005 5:29PM
Van n ,~s so c.
10. 0305_P, 1
EXHIBIT
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VANN ASSOCIATES, LLC
Planning Consultants
November 25, 2005
HAND DELIVERED
Mr. Cbris Benclon, Director.
Aspen Community Development Department
130 South Galeua Street
Aspen, CO 81611
Re: The Residences at Little Nell Subdivision/PUP Insubstantial PUD Ameadn1ent
Dear Cbris:
Please consider this letter an application tor an iJlSubstantial PUD amendment for the
Residences at Little Nell SubdivisionlPUD (see Eldiibit I, Pre-Application Conference
Summary, attached hereto).
The application is submitted pursuant to Section 26.445. 100.A. of the Aspen Land Use
Code by the owner of the property, The Rcsp.lV'es at Little Nell Development,' LLC,
a Delaware limited liability company. A Commitmp.nt fur Title Insurance evidencing
the Applicant's ownership of the property is attached as Exhibit 2. Permission for
Vann Associates to represent the Applicant is attached as Exhibit 3. A IlIBl use
application form and an application fee agreement are aft.i'!leO as Exhibits 4 and 5,
respectively.
Proposed Amendment
As presently llliProved, the Residences at Little Nell project contains two free market
residential units which were to be coodominium;7M and sold as wOOle ownerShip
units. The two units are depicted as Units A and B on the attached floor plans which
were submitted in collDllCtion with the project's final PUD application (see Exhibit 6).
Section 9 of City Council Ordinance No. 30, Series of 2004, which granted final
PUD approval to the project, provides for the conversion of the two units to fractional
ownership units and their bx:lusion in the approved timeshare use plan subject to the
approval of an insubstantial PUD amendment (see Exhibit 7). This provision is also
memorialized in Article ill., paragraph 3 .1 (b) of the project's recorded subdivi-
sionlPUD agreement (see Exhibit 8). Given the popularity of the project's fractional
ownership units, as evidenced by recent sales, the Applicant wishes to exercise the
right to ioclude the twoftee market. residential units in the project's timeshare use
plan and to sell fractional interests therein,
230 East Hopkins Ave. . Aspen. Colorado 8161; . 9701925-6958 . Fax 9701920-9310
DEC-21-2005 10:31AM FAX:970 920 9310
ID:
PAGE: 001 R=95>'
Dec.21. 2005 5:29PM
Van n ,~s soc.
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10. 0305 P. 2
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Me. Chris Bendon
November 25, 2005
Page 2
Review Requirements
While Ordinance No. 30 imposes no conditions on the Applicant's right to convert the
two residential units to fractional ownership units, Section 26.445.100.A. of the
Regulations contains various criteria regarding the applicability of the insubstantial
POO amendment process. The following are specifically precluded from comidcr-
ation as an insubstantial amendmem.
1. "A change in the use or character of the development."
The proposed conversion of the two whole ownership free market residential
units to fractional ownership units will not change the predominant use or character of
the development.
2. "An in~ by greater than three percent in the overall coverage
of structures OIl the land."
The proposed conversion will not ia:rease the developmem' s land coverage.
3. "Any amendment that substantially increases trip generation rates
of the proposed development or the demand for public facilities. "
The proposed conversion will not increase the development's trip generation
rates or increase its demand for public facilities.
4.
space. "
"A reductioo by greater than three percent of the approved open
The proposed conversion will not reduce the dcvelopIllllnt's approved open
space.
5. "A reduction by greater than one percent of the off-street parking
and loading space."
The proposed conversion will not reduce the development's approved on-sire
parking or loading area.
6. "A reductioo in reguired pavement widths or rights-of-way for
streets or easements."
The development does not contain internal streets.
11111111111111111111111111 ~;;~~~~! :15el
JRNICE K VQS CAUDILL PITKIN COUNTY CO R 41.00 0 0.00
DEC-21-2005 10:32AM FAX:970 920 9310
ID:
PAGE:002 R=95>'
Jec. n 2005 5:30PM
Va n n ,~s S 0 C,
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10. 0305 P. 3
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Mr. Chris Bendon
November 25,2005
Page 3
7. "An increase of greater than two pereent in the approved gross
leasable floor area of commercial buildings."
The proposed conversion will not affect the development's approved net
leasable commercial area. No variations from the development's approved dimension-
al requirements are required_
8. "An increase by greater than one percent in the approved residen-
tial density of the development."
The proposed conversion will not increase the development's approved
residential density. No residential units will remain following the conversion
9. "AIq- change which is incoosistent with a condition or representa-
tion of the project's originaI approval or wbich requires granting a variation
from the project's approved use or dimensional requirements."
The proposed conversion is specifically provided for in the development's
approved subdivision/PUD agreement.
To ensure that the proposed insubstantial PUD amendment tracks with the develop-
ment's prior approvals; the Applicant requests that your administrative approval docu-
ment specifically reference the legal description of the Residences property (see
Exhibit A to the Title Commitment), and that you record the document with the Pitkin
County Clerk and Recorder. Should you wish, the Applicant's attomey, An Daily,
would be happy to review the document to ensure that appropriate references are
made to both Ordinance No. 30 and to the recorded subdivision/PUD agreement.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
,LLC
SV:cwv
Attachments
jl'Jl~,~I1"[ ~:i;:t:,~,
DEC-21-200S 10:32AM FAX:970 920 9310
ID:
PAGE:003 R=9S>'
Dee,21. 2005 5:;QPM
Va n n ,~s so C.
It"",
Mr. Chris Bendon
November 25,2005
Page 4
cc: Brooke Peterson
John Sarpa
Arthur C. Daily, Esq.
c:\olclclb1.lS\cily .app\app44702_.md
11111111 11111111 111111 ~;;;~~~;! ~ 1581
JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00
DEC-21-2005 10:32AM FAX:970 920 9310
ID:
10. 0305 P. L
PAGE:004 R=95%
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HOLLAND & HART LLP
A TTORNEYS AT LA W
DENVER. ASPEN
BOULDER. COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS. BOISE. CASPER
CHEYENNE. JACKSON HOLE
SALT LAKE CITY. SANTA FE
WASHINGTON, D,C.
600 EAST MAIN STREET, SUITE 104
ASPEN, COLORADO 81611.1991
TELEPHONE (970) 925-3476
FACSIMILE (970) 925-9367
Arthur C. Daily
ada ily@hollandharl,com
MEMORANDUM
January 4,2006
TO:
James Lindt, Senior Planner, City of Aspen (hand delivered)
FROM:
Art Daily
RE:
Residences Insubstantial PUD Amendment
I'm enclosing for your file a copy of the Residences Insubstantial PUD
Amendment granted by the Community Development Director on December 13,
2005, allowing for the two wholly-owned residential units in the project to be
converted to timeshare lodge rooms. The Amelldmellt was recorded December
22,2005 as Reception No. 518768. Thanks for your assistance ill the matter.
cc: Sunny Vann (via fax to 920-9310)
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130 S. Galena Sl.
AspenC081611
(970) 920-5090
(970) 920-5439, fax
Aspen Community
Development
Department
Fax
To: Sunny Vann From: James Lindt
Fax: 920-9310 Pages:
Phone: Date: 12/13/05
Re: Residences at Little Nell cc:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments:
Hi Sunny,
Please have the attached decision notice signed by your client agreeing to the conditions of approval
and then recorded at the Clerk and Recorders office. Then please bring me a copy of the recorded
document for our files.
Thanks,
James
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MESSAGE CONFIRMATION
JAN-03-2006 01:05 PM TOE
FAX NUMBER
NAME
9709259415
HOLLAND & HART
NAME/NUMBER
PAGE
START TIME
ELAPSED TIME
MODE
RESULTS
:~0#46350*0001#5440488
:. 9
: -03-2006 01:04PM TUE
01' OS"
STD ECM
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Arthur C_ Daily
IIdailyQhulllln<:lh;lttc"m
MEMORANDUM
January 3, 2006
TO:
Brouke Peterson (via fax to 544-0488)
John Sarpa (via fax to 544-8271)
Sunny Vann (via fax to 920~9310)
FROM:
Art Daily
RE:
Residences Insubstalltial P1JD Amendment
Enclosed to each of you for your tHe is a copy of the Residences
Insubstantial PUD Amendmenl granted by the Community Development
Director on Decemher 13, 2005, allowing ror the two wholly-owned residential
units in the project to be converted lO timeshare lodge rooms (fractional
ownership). Tl1e Amendment waS recorded December 22, 2005 as Reception
No. 518768.
,......
, ..
.......
---
MESSAGE CONFIRMATION
JAN-03-2006 01:08 PM TOE
FAX NUMBER
NAME
9709259415
HOLLAND & HART
NAME/NUMBER
PAGE
START TIME
ELAPSED TIME
MODE
RESULTS
~0#46350*0001#5448271
1\j;b-03-2006 01:06PM TUE
01'12"
STD ECM
[ o.K ]
HOLLAND & HARTm
ATTORNeYS Al l......W
DC"'V~Il.. ASPEN
1I0U~D[R. C:OlOll"'oo Sf'HIN<;S
OENVUlT(CtlCENTI'R:
eILlIHOS'IIOISC'CASPER
CHEY'ENNt:.......CMSOHtlCll.I<
SAlT LAII,IOCITY' IlANT...H
WASlllNGTON.LJ.\:;.
GOO EilSTMAIN STHl!fT. SUITE 10.
MJP"'N. COlORADO 111511-1W1
TELEPHONE (D70) ~.~-~47G
FACSIMILI! (aTC) 'il2S-0;0]~7
Arthur C. Daily
llc!llilyfthollandllilrL<;OII'
MEMORANllUM
January 3, 2006
TO,
Brooke PetljTSOn (via fax to 544-0488)
John Sarpa (via fax to 544-8271)
Sunny Vann (via fax to 920.9310)
fROM,
Art Daily
RE:
Res"idences insubstantial pun Amendment
Enclosed to each of you for your file is a copy of the Residences
Insubstantial PUD Amcndmenl granted by the: Communily Developmenr
Direclor on December 13,2005, allowing for thc two whully-owned residcnHaJ
units in the projcct to be converted to timeshare lodge rooms (fractional
ownership), The AmendmenL was recorded December 22. 2005 as Reception
No 518768.
I""
'-"
'....
-
MESSAGE CONFIRMATION
JAN-03-2006 01:10 PM TOE
FAX NUMBER
NAME
9709259415
HOLLAND & HART
NAME/NUMBER
PAGE
START TIME
ELAPSED TIME
MODE
RESULTS
~~9b#46350*0001#9209310
: ! L%-03-2006 01:08PM TUE
01'28"
STD ECM
[ O.K]
HOLLAND & HART Lee
ArroRNEYS AT lAW
DI'NVER'",SI'EN
DOUlOER. COlOltADO SPRIt;G~
OIiNVI'R TECH CEHTf.~
E1JLLING.<;-ilOISE-CASf>EIl:
CHtVI;NH,.,/ACI<.SONHOl.E
1lALT lAKE CITY. SANTA ~~
WMHINGTON.O.C.
~oo l:ASTMAIN STRFET, SUIr!: JO~
ASPEN.COlORA0081811.111Dl
TElHHONI: (1170j 92S.341S
FACSIIdILE{DIO)alS_~t1
Arthur C. Dally
adftily@hOII;lndh",I.CD,n
MEMORANDUM
January 3, 2006
TO:
Bwoke Peterson (via fax to 544-0488)
John Sarpa (via fax to 544-8271)
SUlUlY Vann (via fax. to 920-93W)
FROM:
Art Daily
RE-
Residences Insubstantial PUD Amendment
Enclosed to each of you for your HIe lS a copy of the Residences
Insubstantial PUD Amendment granted by the Community Development
Director on December 13,2005, allowing for the two wholly-owned residential
units in the projectto be converled to timeshare lodge rooms (fractional
ownership). The Amcndmenl was recorded December 22,2005 as Receplion
No. 518768.
,
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VANN ASSOCIATES, LLC
Planning Consultallts
November 25, 2005
HAND DELIVERED
Mr. Chris Bendon, Director
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: The Residences at Little Nell SubdivisionlPUD Insubstantial PUD Amendment
Dear Chris:
Please consider this letter an application for an insubstantial PUD amendment for the
Residences at Little Nell SubdivisionlPUD (see Exhibit 1, Pre-Application Conference
Summary, attached hereto).
The application is submitted pursuant to Section 26.445. lOO.A. of the Aspen land Use
Code by the owner of the property, The Residences at Little Nell Development, LLC,
a Delaware limited liability company. A Commitment for Title Insurance evidencing
the Applicant's ownership of the property is attached as Exhibit 2. Permission for
Vann Associates to represent the Applicant is attached as Exhibit 3. A land use
application form and an application fee agreement are attached as Exhibits 4 and 5,
respectively.
Proposed Amendment
As presently approved, the Residences at Little Nell project contains two free market
residential units which were to be condominiumized and sold as whole ownership
units. The two units are depicted as Units A and B on the attached floor plans which
were submitted in connection with the project's final PUD application (see Exhibit 6).
Section 9 of City Council Ordinance No. 30, Series of 2004, which granted final
PUD approval to the project, provides for the conversion of the two units to fractional
ownership units and their inclusion in the approved timeshare use plan subject to the
approval of an insubstantial PUD amendment (see Exhibit 7). This provision is also
memorialized in Article III., paragraph 3.1(b) of the project's recorded subdivi-
sionlPUD agreement (see Exhibit 8). Given the popularity of the project's fractional
ownership units, as evidenced by recent sales, the Applicant wishes to exercise the
right to include the two free market residential units in the project's timeshare use
plan and to sell fractional interests therein.
230 East Hopkins Ave, ' Aspen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310
"
/''lit,
,~,.,.~
Mr. Chris Bendon
November 25, 2005
Page 2
Review Requirements
While Ordinance No. 30 imposes no conditions on the Applicant's right to convert the
two residential units to fractional ownership units, Section 26.445.100.A. of the
Regulations contains various criteria regarding the applicability of the insubstantial
PUD amendment process. The following are specifically precluded from consider-
ation as an insubstantial amendment.
1. "A change in the use or character of the development."
The proposed conversion of the two whole ownership free market residential
units to fractional ownership units will not change the predominant use or character of
the development.
2. "An increase by greater than three percent in the overall coverage
of structures on the land."
The proposed conversion will not increase the development's land coverage.
3. "Any amendment that substantially increases trip generation rates
of the proposed development or tbe demand for public facilities."
The proposed conversion will not increase the development's trip generation
rates or increase its demand for public facilities.
4.
space, "
"A reduction by greater than three percent of the approved open
The proposed conversion will not reduce the development's approved open
space.
5. "A reduction by greater than one percent of the off-street parking
and loading space."
The proposed conversion will not reduce the development's approved on-site
parking or loading area.
6. "A reduction in required pavement widths or rights-of-way for
streets or easements."
The development does not contain internal streets.
-
/,
",--,
Me. Chris Bendon
November 25, 2005
Page 3
7. "An increase of greater than two percent in the approved gross
leasable floor area of commercial buildings."
The proposed conversion will not affect the development's approved net
leasable commercial area. No variations from the development's approved dimension-
al requirements are required.
8. "An increase by greater than one percent in the approved residen-
tial density of the development."
The proposed conversion will not increase the development's approved
residential density. No residential units will remain following the conversion.
9. "Any change which is inconsistent with a condition or representa-
tion of the project's original approval or which requires granting a variation
from the project's approved use or dimensional requirements."
The proposed conversion is specifically provided for in the development's
approved subdivisionlPUD agreement.
To ensure that the proposed insubstantial PUD amendment tracks with the develop-
ment's prior approvals, the Applicant requests that your administrative approval docu-
ment specifically reference the legal description of the Residences property (see
Exhibit A to the Title Commitment), and that you record the document with the Pitkin
County Clerk and Recorder. Should you wish, the Applicant's attorney, Art Daily,
would be happy to review the document to ensure that appropriate references are
made to both Ordinance No. 30 and to the recorded subdivisionlPUD agreement.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
,LLC
SV:cwv
Attachments
,........,
/",
..........
Me. Chris Bendon
November 25, 2005
Page 4
cc: Brooke Peterson
John Sarpa
Arthur C. Daily, Esq.
c:\oldc\bus\city .app\app44 702 .amd
. ,
EXHIBIT
b
li
a
/
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
Chris Bendon, 429.2765 DATE: 11119/05
Residences at Little Nell Insubstantial Amendment
SunnyVann
Residences at Little Nell Development, LLC
Insubstantial PUD Amendment.
The applicant would like to convert the two free-market residential units to
timeshare units pursuant to the original approval, which contemplated such a
conversion. The project is under construction.
Applicable Code Sections:
26.445.100(A) Planned Unit Development (PUD) Amendment
26.304 Common Development Review Procedures
Review by:
Public Hearing:
Planning Fees:
Referral Fees:
Total Deposit:
Staff for complete application and review for approval.
No.
$660 Deposit for 3 hours of staff time (additional staff time required is billed at $220 per hour)
$0
$660
To apply, submit the following information:
I. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant
stating the name, address, and telephone number of the representative authorized to act on behalf of the
applicant.
3. Signed fee agreement.
4. Pre-application Conference Summary.
5. An 8 1/2" x II" vicinity map locating the subject parcels within the City of Aspen.
6. Proof of ownership.
7. A written description of the amendment and a written explanation of how it complies with the
insubstantial review standards.
8. A drawing depicting the units being affected by the amendment.
2 Copies of the complete application packet (items 2-8)
Notes: The PUD amendment should be recorded and referenced to the PUD Plat and the PUD agreement.
Process:
Apply. Planner checks application for completeness. Application referred to applicable referral agencies. Applicant is given a public
hearing date by Staff. Staff writes a memo of recommendation. Planning and Zoning Commission reviews case and makes fmal
decision. [fPlanning and Zoning Commission denies the PUD amendment request, the Applicant may appeal the decision to City
Council.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal
NOU-17-2005 10:24 FROM:HOLLANO & V"'T
9709259415
TO:970 920 9310
, ,
EXHIBIT
I z
COMMITMENT FOR TITLE INSURANCE
SCHEDIJLE A
1. Effective Date: September 12, 2005 at 8;00 AM
Case No. PCT19258PRO
2. Policy or Policies to be issued:
Proposed Insured:
AmountS 0.00
PremiumS 0.00
Rate:
(a) AlTA Owner's Policy-Form 1992
Proposed Insured:
AmountS 0.00
PremiumS 0.00
Rate:
(b) AL T A Loan Policy-Form 1992
Proposed Insured:
AmountS
PremiumS
Rate:
(e) AL TA Loan Policy-Form 1992
Tax Certificate: $
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
THE RESIDENCES AT LITTLE NELL DEVELOPMENT LLC, A DELAWARE LIMITED LIABILITY
COMPANY
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
See AUached Exhibit "A"
PlTKIN L"'OLTNn'TlTI.Fy INc.:.
(<II E. lIOI'l<lNS, ASPEN, CO. 81611
970..925-1766 Phonp./1J7U-Y2S..os27 F.lll
877.217-31511 "0111..0
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
AUTHORIZEJ.) AGENT
Countersigned:
~
Received Time Nov. 17. 5:24PM
NOU-17-2005 10:24 FROM:HOLLAND & I~
9709259415
TO:970 920 9310
"
P.3/7
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 1.
RESIDENCES AT LITTLE NELL SUBDIVISION/PUD. according to the Final Plat thereof recorded May 17, 2005 in Plat
Book 73 at Page 21 8S Recaption No. 510209.
Received Time Nov. 17. 5:24PM
NOU-17-2005 10:24 FROM:HOLLAND & I 'T
9709259415
TO:970 920 9310
P.4/7
SCHEDULE B - SEcnON 1
REQUIREMENTS
The following are the requirements to be complied with;
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAl PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
evENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAl REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH AIiN FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
Received Time Nov. 17. 5:24PM
NOV-17-2005 10:24 FROM:HOLLANO & ,-..-
9709259415
TO:970 920 9310
(e .,
P,5/7
SCHEDULE B SECTION 2
eXCEPTIONS
The policy or policies to be issued will contain exceptions to the foliowing unless the same are disposed of to
the setisfaction of the Company:
1. Rights or claims of parties in possession not shown by the pUblic records.
2. Easemenls. or claims of easements, not shown by the public records.
3. Discrepencies, CQf'lflicts in boundary lines. shortage in area, encroachments. any facts which a correct
survey and inspecUon of the premises would disclose and which are not shown by the publie records.
4. Any iien, or right to a lien. for services. labOr, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances. adverse claims or other matters. if any, created, first appearing in the pubfic
records or attaching subsequenllO the effective date hereof but prier to the date the proposed insured
acquires of record for value the estate or inlerest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment. charge or lien imposed for water or sewer
service or for any other specialla~ing district.
7. Reservations and exceptions as set forth in United Slates Patent recorded August 26, 1949 in Book 175 at
Page 298.
6. All interest in all oil. gas and other mineral rights, as set forth in instruments recorded January 28. 1957 in
Book 178 at Page 541, Decree recorded May 13, 1966 in Book 184 at Page 7 and Deed recorded March
24,1960 in Book 190 at Page 204.
9. Terms, conditions. provisions and obligaUons as set forth in Development Order of the City of Aspen
Community Development Department recorded January 12. 2005 as Reception No. 505925.
10. Terms, conditions, provisions and obligaUons as set forth in Grant of Water Une Easement recorded May
g, 2005 as Reception No, 509850.
11. Terms. conditions, provisions and obligations as set forth in Weterline Relocation Agreement for The
Residences at UlIIe Nell SUbdlvisionlPUD recorded May 12. 2005 as Reception No. 510044.
12. Terms. conditions. provisions and obligaUons as set forth in Tieback Easement Agreements recorded May
17.2005 as RecepUon No's. 510187. 510188 and 510189.
13. Terms, condiUons, provisions and obligations as set forth in Revocable Encroachment Licenses recorded
May 17,2005 as Receplion No. 510205 and 510206.
14. Terms, conditions, provisions and obligations as set forth in Ski Tl'ail Easement Agreement recorded May
17.2005 as Reception No. 510207.
t5. Terms, conditions, provisions and obligaUons as set forth in The Residences at Ullle Nell Covenant
Regarding Utilily Easements recorded May 17, 2005 as Reception No. 510208.
(ConUnued)
R.r.iu.d Tim. Nnv 17. S:?4PM
NOU-17-2005 10:24 FROM:HOLLANO & I
9709259415
TO:970 920 9310
'",
P.5/7
SCHEDULE B SECTION 2
EXCI!I'1'IONS - (Continued)
16. Easements, rights of way and all matters as disciosed on Plat of subjeot property recorded May 17.2005 in
Plat Book 73 at Page 21 as Reception No. 510209 and Improvement Location Survey of The Residences at
Little Nell Development, LLC, Property, recorded May 17, 2005 in Plat Book 73 at Page 60 as Reoeption No.
510215.
17 . Terms. conditions, provisions and obligations as set forth in SUbdivisionlPUD Agreement for The Residencas
at Ultle Nell SUbdivisionIPUD recorded May 17, 2005 as Reception No. 510210.
18. Terms, conditions, provisions and obligations as set forth in Improvements and Easements Agreements
recorded May 17, 2005 as Reception No. 510216.
19. Deed of Trust from: THE RESIDENCES AT LITTLE NELL DEVELOPMENT LLC, A DELAWARE LIMITED
LIABILITY COMPANY
to the Public Trustee of the County of
for the use of : ALPINE BANK
original amount : $5.500,000.00
dated : July 1, 2002
recorded : July 1, 2002
reception no. : 469J47
20. Deed of Trust from: THE RESIDENCES AT LITTLE NELL DEVELOPMENT LLC, A DELAWARE LIMITED
LIABILITY COMPANY
to the Public T ruate" of the County of
for the use of : ALPINE BANK
original amount : S5,280,000.00
dated ; July 28, 2004
recorded : July 29, 2004
reception no. : 500220
R,,,;,,d Time Nov. 17. 5:24PM
EXHIBIT
i-p
November 17, 2005
Mr. Chris Bendon, Director
Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Mr. Bendon:
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants, to represent us in the processing of our insubstantial PUD applica-
tion for the Residences at Little Nell. Mr. Vann is hereby authorized to act on our
behalf with respect to all matters reasonably pertaining to the aforementioned application.
Should you have any questions, or if we can be of any further assistance, please do not
hesitate to call.
Yours truly,
THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a
Delaware limited liability company
rized Signatory
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EXHIBIT
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APPLICANT:
LAND USE APPLICATION
Name:
7$~~ A'/r arra:: r--/8X /::1EV~-/.~
ac- 535 /?54~ v'6. ~ e.//
(Indicate street address, lot & block number, legal description were appropriate)
Location:
REPRESENTATIVE:
Name:
Address:
Phone #:
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PROJECT:
Name:
Address:
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"55:> /~"-/ 4vf!S. --1~. ~ 8~/
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Phone #:
TYPE OF APPLICATION: (please check all that apply):
0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Dev1.
0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Dev1.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane ~ Other:
0 Lot Split 0 Temporary Use
0 Lot Line Ad' ustment 0 Text/Ma Amendment /~-,q~~ /CV/?
,.efh ')'?
EXISTING CONDITIONS:
~ t!!:./"'?rC!e /-fl~ /T66/~-fC- c.W't7t" 70 ?X;.fc77c=W-1'C-
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~~ you attached the following?
M .Pre-Application Conference Summary
lid" Attachment # I, Signed Fee Agreement
o Response to Attachment #3, Dimensional Requirements Form
~esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
FEES DUE: $ t'ZC> -
RETAIN FOR peRJUJtEM1' RECORD
"<........
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........
EXHIBIT
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Al!reement for Pavment of Citv of Asoen Develooment Aoolication Fees
crD:."OX ASPEN (hereipafte~~l}2 and ~ ~~.r~ Af-r" ~e 4E5c:.c.
,r -ev'~o"""'/-7'<! 7":'" CU:::
(hereinafter APPLICANT) AGREE A( FOLLOWS:
I. ~~P~ has submitted to CITY an ~lication for ~ ,.....-
ft 'Ai(,L/T7A/c.. r=u'? / ;t!SV/?/~~,
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applieations and the payment of all processing fees is a
eondition precedent to a detennination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT
make payment of an initial deposit and to thereafter pennit additional costs to be billed to APPLICANT on
a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or
approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY
agrees it will be benefited through the greater certainty of reeovering its full costs to process
APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient infonnation to the Planning Commission and/or City Couneil to enable the
Planning Commission and/or City Council to make legally required findings for project eonsideration,
unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in eonsideration of the CITY's waiver of its right to
collect full fees prior to a detennination of applieation completeness, APPLICANT shall pay an initial
deposit in the amount of $ which is for hours of Community Development staff
time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly
billings to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments
shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued
until all costs associated with case processing have been paid.
By:
Chris Bendon
Commnnity Development Director
CITY OF ASPEN
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"SILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00
01"ll~ncli~~: 36
(SER.tES'OF2004) .
AN ORDINANCE OFTImcrtYCOtJNerL OF TIrE Crrv OF ASPEN,
COLORADO, APPROVING FINAL PLANNE:Q UNI'tDEVEWi>:MEN'r,
GROWTH MANAGEMENT QUbtA SXSil'~M(GMQSrE~fr6NS;'
SUBDIVISION, CONDOMINIUMI.ZATi6N,T1:MF:S~~~AMENDMENT
TO THE OFFICIAL WNINGMAP; AND ACCEi''iiN'GAbElJfCATi6NOF
LAND FORPUBLlC-RIGHT-WAYIMPROVEMENTSIrOlfmE"ltESIDENCES'
AT LITTLE NELL, LOCATED AT53!ibEXN'AVENt1E;ANl>A.'N'"
AMENDMENT TO THE LI'fT1,E NELLSPEClALtYJiLANNED AREA,
LOCATED AT 675 EAsT DtJRANT AVENUE:-C1.'tY'U1l'"ASPEN;pITKiN
. '. COUNTY, COLORADO. .
EXHIBIT
7'
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. .
Parcel II> (ripple Lodge Parcel): 2737-182-36945
Parcel II> (ripple Inn Parcel): 2737-18M629i
Parcel II> (rippler ParCel):2737-18~96033 .
Parcel II> (Conservation Parcel): 2737-182-36877
ParceIID (Aspen Skiing Company Parcel): 2737-182~0_080
Parcel ID (Little NeUHiittil Plircel):2737-182-SOio2 .
Parcel II> (Benn Residence): 2737-182-96002
ParcelID (Anderman Residence); 2737-182-96005
Parcel ill (Jacoby Residence); 2737-1~9'6004 .
Parcel In (WeStpill:Residence):2737-18M6003
WHEREAS, the Community Development Department received an application
from: the Aspen Lan!iFund, LLC' (Applicant), represented by Sunny Vann of Vann
Associates, requesting approval of a Final Planned Unit Development (PUD), Growth
Management Quota System (GMQS)Exemptions,Subdivision, Condomllii~lrni7"tion,
Timeshare approval, Special Review, Amendment to the Qfficilll Zoning Map, Special
Planned Area Amendment, 8040 GreeDline Review, and a dedication ofland to the Dean
Street right-of-way for the Residences atLittle Nell Planned Unit Development; and,
WHEREAS, the application subniined for ihe Residences at Little Nell (plans'
dated May 1, 2004) proposes a 1 08,000 square foot, multi-story structure consisting of 24
timeshare units, 8 hotel rooms, 2 condominium units, 8 affordable housing units, .'
approximately 8,900 'square feet of commercia! space, and a 70 space sub-grade parking
garage; and, .
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Building
Departmen~ Fire, Streets, Housing, Environmental Health, Parks and Water Departments
as a result of the Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the Final Planned Unit Development (PUD), Growth Management
c., Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare,
City of Aspen OrdinanCe No. 30. .
Series of 2004.
Page 1
,...."
,.......,
......,'
ImllUIWlllm u Ii ~~~~~ ::..
, " SILVI~ O~VIs 'PITKIN COUNTY CD R 76.00
D 0.00
/...-
Special Review, Amendment to the Official Zoning Map, Special Planned Area
", Ainenament, and 8040 Gfecmfuie RevieW aitd recommended approval with conditions;
and,
WHEREAS, pursuant to Section 26.430 of the Land Use Code, Special Review
approval may be granted by the Planning and Zoning CoIillnission at a duly noticed
public hearing after considering recqIllInendations by the Community Development'
Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.435 of the Land Use Code, 8040 Greenline
Review approval may be granted by the Plannine and Zoning Commission ,at a duly
noticed public hearing after considering recommendations by, the Community
Development Director, and relevant referral agencies; and, '
WHEREAS, pursuant to Section 26.310 of the Land Use. Code (Amendment to
the Official Zone District Map, Section 26:440 (Special Plaimed Area&.- Amen.dment),
SeCtion 26.445 (Final PlarinedUnitDevelopment), section 26.<f70'XGToWtb. Management
Quota System Exemptions), Section 26.480 -(Subdivision and CondomIDiumization);
Section 26.590 (Timeshare) approval may be granted by the City Council at a duly
noticed public hearing after considering recoIlllI1endations by the Planning and Zoning
Commission, the Community pevelopment Director, and relevant referral agencies; and,
WHEREAS, at their regularly scheduled meeting on June 2, 2004, the Aspen /
Pitkin County Housing Authority forwarded a nnanimous recogunendation of approval
with conditions to City COUncii toapprcivethe proposed. affordable housing mitigation
- 'and replaeementuniis for the Residences at Little Nell; and
WHEREAS, Final Planned Unit Development (PUD), Growth Management
Quota System (GMQS) Exemptions, Subdivision, Condomininmi7"tion, Tiineshare,
Special Review, Amendment to the Official Zoning Map, Special Planned Area
Amendment, and 8040 Greenline ReView bY the Planning and Zonmg Cowssion
requires a public heariD.g lind this application was reviewed at a public hearing where the
recommendations of the Community Development Director and comments from the
public were heard; and,
WHEREAS, the subdivision approval is for the amendment to the Little Nell
Subdivision and adjacent Aspen Skiing Company parcel to create parcels to be conveyed
and become part of Lot #1 Residences at Little Nell Subdivision, a replatting of the
Tipple Woods Subdivision dissolving and replacing all former plats and remnubering
former Lots 4; 5, and 6 as new Lots 1, 2, and 3', creation o(Lot #1 of the Residences at
Little Nell Subdivision with new easements and boundaries and eliminating all former
intemal property boundaries and easements, creation of multi-family units on Lot #1
Residences at Little Nell Subdivision, and creation timeshare' estates on Lot #1
Residences at Little Nell Subdivision; and, ,
WHEREAS, during a regular meeting on August 3, 2004, the Planning and
Zoning Commission opened a duly noticed public hearing to consider the project and
continued the public hearing to August 10, 2004; then continued it to August 17, 2004
A w1iere the Planning and Zoning Commission approved the request for Special Review and
, ,..."
city of Aspen Ordinance No. 30,
Series of 2004.
Page 2
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- In~lmUWBI Blla I.~~,~~ ::..,
.~SILVIA DAVIS PITKIN COUNTY CO R 76.80 D 8.00 ..-
the 8040 Greenline Review. and.rec(jmme!1ded City Council approve the Final Planned
'- ,'- -,' ,,"- --. "''"'--..--'--'~ .-i "-'_",...".,~-_ -:'-' . .r'.' ,-". ..-'c,.,_.."t.-!.:,:,.,";;:..,.,.....:,,',_~J"..::-_..,__.,._~-. _ _. .._... '.
UIiit Development (PUD), Growtli Management Quota System (GMQS) Exemptions,
Subdivision, Condominiumizatian, Timeshare, Amendment ta the Official Zoning Map,
and Special Planned Area Amendment by a four to zero (~O) vote, With the findings and
conditions listed hereinafter; and, .
. WHEREAS, the Aspen City Council has reviewed and considered the application
according to the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Comrinmity Development Director, the
Planning and Zoning Commission, and has taken and considered public Comment at a
public heariIig; and, .
WHEREAS, the City Cauncil finds thatthe applicatian meeting or exceeding all
applicable standards of the land use code of the City of Aspen Municipal Code and that the
appraval . of the proposal is consi~t with the goals and elements of the Aspen Area
Community Plan; and, .
WHEREAS, the City Council finds that the application for rezoning meets or
exceeds the applicable standards for rezoning, including whether the prop6sedamendment
. is in conflict with any applicable portions of this Title, whether the proposed ainendment is
consistent with all elements of the Aspen Area Community Plan, whether the proposed
amendment is compatible with surrounding zone districts and iand uses, considering
existing land Use and neighborhOod characteristics, the effect of the proposed amendment
on traffic generation and road safety, whether and the extent to which the proposed
amendment.. would .result ..in demands .on.. public facilities,' and whether and .the . extent to
~JriCh'c~.prbp~secC~e~~r.~oUid'- exceed the caPacity .of such public facilities,
including but not limited to transportation facilities, sewage facilities, water supply, parks,
chainage, schools, and emergency medical facilities, whether and the extent to which the
proposed amendment would result in significan.tly' adversl; impacts on the natural
environment, whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen, whether there have been changed conditions .
affecting the subject parcel or the surrounding neighborhood which support the proposed
amendment, whether the proposed amendment would be ill coirllict with the public interest
and whether it is in harmany with the purpose and. intent of this Title, staff analysis of these
standards included in Exhibit C of the September 27, 2004, staff memorandum to City
. Council, and comments and testimony provided by the public during public hearing; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNtIt OF l1IE CIty
. OF ASPEN, COLORADO as follows: .... . .
The ResidenCes at Little Nell project is hereby approved, subject to the conditions of
approva1listed hereinafter.
Section 1: Rezoninl!:
City of Aspen Ordinance No, 3D,
Series of 2004.
Page 3
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The, Official Z<Jlle Distri.ct.. Map of the City .of Aspen 'shall. be, upon filing of the
. SubdiVision plat and FiniII POO PliuiS,amertded by the Community Development
Director to reflect Lot # I o.f the Residences at Little Nell as inclu~ed in the COmmercial
Lodge (CL), Conservation (C), andLod~eToUristltesidential (LTR) zone districts, as
depic,:.t~iI! E1iliibit A to this Ordinance and to be more precisely delineated on the ZOning
Map of the Final POOPlans. .' .. .... ..... - . - '. . .- .
Section 2: Proiect Dimensions . .
Considering the dimensions of the underlying zone districts of the Residences at Little Nell
property as a guide, the following dimensions of the project ~ approved and shall be
reflected in the Final POO Plans: .
\1111.g"I"IJ~;~~.E;.,..
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City of Aspen Ordinance N.o. 30,
Series of 2004. .
Page 4
~
Minimum Lot Size 66,737 Square Feet
Minimum Lot Area per Dwelling No requirement
Unit
Maximum Allowable Density No requirement .
24 units, comprised of 19 thiee-bedroom units
Timeshare units and 5 four-bedroom units. 16 of the
timeshare units include "lock-off' units for a
total of 40 rentable divisions.
LoMe Units 8 units
2 Free-market units. Also see Section 9.
Residential Units
8 Affordable Studio units. Also see Section 8
. 206 feet measured along the Dean Avenue
Minimum Lot Width right-of-way.
Minimum Front Yard Setback o feet
Minimum West Side Yard Setback o feet
. Minimum East Side Yard Setback . o feet
Minimum Rear Yard 4 feet
Maximum Site Coverage As represented on Final Pun Development
Plan. Reference drawine: #9 of application.
As represented in the recorded Final pun"
Plans Height Plan. Also see Section 3.
Maximum Height Reference drawing #30 of application. The
recorded Height Plan shall govern over the
application drawin,gs.
Min. Distance between Buildings No Requirement
o percent, provided areas outside the birilding
Min. Percent of Open Space footprint shall only be developed according to
the Final pun Development Plan. Reference
drawing #9 ofapplication,
Allowable External Floor Area 108,000 square feet.
2 short-term spaces within the porte-cochere
Minimum Off-Street Parking Spaces I 70 spaces within the underground parking
garage. Reference drawings # 1 0 and # 11 of
application.
, /"
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, SILVIR DAVIS PITKIN COUNTY co R 76 80 D 8 00
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Section 3: Hehilit Plan
The. Final PUD Plans shall include a height plan depicting the heigllt of the building at
various points relative to the lower of existing or proposed grade and relative to a fixed
elevation control point.
1"'"\
Section 4: Multi-Familv Housinl!: Replacement ProlUam
The Development Order issued commensurate with final approval by City Council shall
constitute. a "Certificate of C()mpliance" in accordance with Chapter 26.530 - Multi-
FainilyH6using Replacement Program.
City of Aspen Ordinance No. 30.
Series of 2004.
Page 5
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IIIIIIIIII~ III nil II II If
\'SILVIR DilIiISPITKIN COUNTY co
504168
Section 5: Impact Fees . .'. . .
Park Im/Jact Fees of $58,315.~5 shall be assessed. Amendments to the Project or to the
fee schedUle adopted prior to issuance of a buildingpennit shall. require a new
(;8}cUlation. 'The following fee total is based on tl1e current fee schedule:
Park Fees - Proposed Development:
8 Studio affordable housing units @ $1,520 per unit
8 studio lodge units@ $1,520 per unit
19 three-bedroom lodge units @ $3,634 per unit
5 four-bedroom lodge units @ $3,634 per unit
2 four-bedroom residential units @ $3,634 per unit
8;900 square feet of Commercial @ $1,785 per 1,000 s.f.
. Total
Page; 6 of 15
11/15/2004 11:06R
R 76.00 0 0.00
"
= $12,160
= $12,160 .
= $69,046
=$18,170
. = $7,268
=$15,886.50
= $134,690.50
A-
Park Fees - Credit for Existing Development:
2 Studio residential units@ $1,520 per unit
10 studio lodge units@$1,520perunit
3 one-bedroom units@$2,120 penini.t
9 two-bedroom units@ $2,725 per tmit .
1 four-bedroom unit@ $3,634 per unit
13,230 squarefeet of commercial @$1,785 per 1,000 s.f.
. . ." ". Total Credit
= $3,034
";$15,200
= $6,360
= $24,525
= $3,634
= $23,615.55
= ($76,374.55)
Total Park Impact Fee Due = $58,315.95
School Land Dedication Fees are assessed based on one-third the value of the'
unimproved land divided by the proposed number of residential units on a per acre basis.
The City of Aspen verifies the unimproved land value of the lands imderlying the Project
to be $28,357,900 from information on recent transactions provided by the applicant.
Divided by the 1.55 acres of land area (67,618 square feet),tlns results in a per acre value
of $18,295,419. One-third of this value divided by the proposed 10 residential units
results in a $609,847 per acre . standard for- ca1cUlatingtheimpact fee. The subject
subdivision is not conducive to locating a school facilltY~and acasli~in-lieu payment shall
be accepted. School Land Dedication Fees are follows, payable at building permit
issuance:
~
1/3 land Land Per unit Number
value per Dedication Fee of Units .
unit per standard
acre (acres)
Studio/One $609,847 .0012 $731.81 8 $5,854:50
bedrOom ......
-.. Two Bedroom $609,847 ,0095 $5,793.55 0 $0
City of Aspen Ordinance No. 30,'
Series of 2004.
Page 6
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Three ... '. ... $609,847 .0162 $9,879.52 0 $0
Bedroom
Four Bedroom $609,847 .0248 $15,124.20 2 $30,248.40
.. Total: $36,102.90
ItmllllU 1.11 n .~~~~ ::._
SILVIR ORVIS PITKIN COlM'Y CO R 76.80 0 0.80
Amendments to the Project or to the fee schedule adopted prior to issuance of a building
permit shall require a new calculation. The above fee tOtal is based on the current fee
schedule.
. Section 6: Water DeDartment Standards
The applicant shall comply withthciCity of Aspen Water System Standards, with Title
25, and with applicable standards of Municipal Code Title g (Water Conservation and
Plumbing Advisory Code) of the Aspen Municip8.J. Code, as required by the City of
Aspen Water Department.
Section 7: Sanitation District Standards
The applicant shalleomply With the Aspen Consolidated Sanitation District's rules and
regulations. No clear water ccinnections (roof, foundation, perimeter diains) shall be
allowed to ACSD lines. All improvementS below' grade shall require the Use of a
pumping station.
~
Section 8: Affordable Housinl!: .'. . . . .
Th~ applicant shall provide affordable housing mitigation for 60 Full-Time Equivalents in
the following IIlaimer: .
· Eight studio rental units to be constructed on site and restricted to Category 2, .
:. Fifteen units to be provided by the "buy down" of the Obermeyer Resident
Occupied (RO) one-bedroom units. Seven of these units shall be Category 2 and
eight shall be Category 3. .
· Eight three-bedroom for-sale units to be constructed at the AspenAirport Business
Center (AABC), known as the Alpine Grove Condominiums. Three of these units
shall be Category 2 and 5 shall be Category 3.
A Certificate of Occupancy for the Residences at UttIe Nell shall not be issued until such
time as Certificates of Occupancy for the deed restricted affordable housing units, which are
required for mitigation, have been issued. .. .
The employees to be housed in the deed-restrietedunits shall meeftlie qualification criteria
contained within the APCHA Guidelines and the Obermeyer buy~own units shall be
governed by the City Councif approvals for the ObermeyerPlace project
The applicant shall structure a deed restriction for the eight on-site studio rental units such
that 1/lOlh of I % of those units are deeded in perpetuity to the APCHA; or the applicant
may propose any other means that that APCHA determines acceptable.
,....,
City of Aspen Ordinance No. 30,
Series of 20M
Page 7
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1111111~1111111111111II111 ~~~~~~~;~;~ : 06A
SILVIA [)AVIS ~ITKIN COUNTY CO R 76.00 D 0.00
Employees to be housed in 'the deed-n::stnctedJlIllts shall meet the mtnunum occupancY
requirements under the APCHA Guidelines. The deed restriction, shall be reCorded
concurrently with the recordation of the condominium map to the City of Aspen and shall
abide by all res1rictions as stated in the Guidelines.
.........
Section 9: Conversion of Free-Market Residential Units to Timeshare Units
The two f!ee market ~ondominium units maybe condominiumizedaridSoldaswholly-
owned residential unitsand occupied on a short- or long-term basis. These two units may
be converted and included as part of the timeshare use plan pursuant to an Insubstantial
PUD Amendment.
Sedion 10: Subdivision Plat & FiJialPUUPlliris
Within 180 days after final approval by City CoUncil lUld prior to applying for a Building
Permit, the applicant shall record a Subdivision Plat lUld a Final PUD Developmen(Plan. '
,.',........
The Subdivision Plat shall comply with current requirements of the City Community
Development Engineer lUld shali include:
1. The final property boundaries and disposition of lands to be dedicated to the Dean
Street right-of-way.
2. The location of Revocable Encroachments for physical improvements within
public rights-of-way, with reference to agreements and licenses appended to the .
Pun Agreement. '"" .
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3., The location of utility pedestals with access easements for the utility provider.
Transformers .and pedestals shall be located outside of the public right-Of-way.
4. The applicant shaIl provide the final approved Subdivision line data or survey
description data describing the. revised street lUld parcel boundaries to the
Geographic Information Systems Department prior to applymg for a building
permit. The final building location. data, including any amendments, shall be
provided to the GlS Department prior to issuance of a Certifi~ of Occupancy,
The Final PUD Plans shall include:
1. An illustrative site plan wiihadeqlla.1:e snow Stoiage areasanclJor snow melted arells
depicted. Approved project dimensions shall be priIited on the :fiDai. illUstrative plan.
2. A landscape plan showing location, amount, and species oflandscape improvements
with an irrigation plan with a signature line for the City Parks Department.
3. Design specifications and profiles for the Dean Street iln:t>tovements. To the extent
practicable, the design for Dean Street iniprovements shiili be consistent with any
final master design plan adopted by the City for Dean street improvements.
f -., . -. -.,
4. An architectura1 character plan demonstrating the general architectural character lUld
depicting materials, fenestration,. projections, and locations of projections such as
elevator shaft heads, mechimical equipment, etc. Mechanical equipment shall be
screened from pedes1rian view.
City of Aspen Ordinance No. 30,
Series of 2004.
Page 8
.~
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m 111111111 ~ 111111111111 ~~~:~~~;~ : 06A
,-SILVIA DRVIS pnKINCOUNTY_~":'_ ..- Jf:7$.00 ,0 0,.00. '. /
5. Floor plans of each level depicting unit divisions and plazaleve! ~mprovernents.
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6. A utility plan meeting the standards of the City Engineer and City utility agencies.
7. A grading/drainage plan, including an erosion control plan," prepared by a
Colorado licensed Civil Engineer, which inaintai,,~ sediment and debris on-site
during and after cOnstruction., If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2.year storm
frequency ShOllld be =d in designing any drainage improvements. Off-site
improvement shall be done in coordination with the City Engineer (also see
Sectionll, condition 6.) ,
8. An exterior lighting plan meeting the requirements of Section 26.575.150.
,..,."
Section 11: SubdivisionIPUDA2reenient ,
Within 180 daysafterfina.l aPProval by City Council and prior to applying for Building
Permit, the applicant shall reCord a SubdivisionfPUD Agreement binding this property to
this development approval. The Agreement shall include the necessary items detailed iri
Section 26.445.070, in addition to the folloWing:' '
1. Revocable Encroachment agreements and licenses for physical improvements
within public rights-of-way with' reference to their locations depicted on the
, . Suh<ijvj.sion Pla,t.
2.' The agreement shall s~ the ownership and maint"nance responsibilities of the
COIDD1<lj1 areas :of the project
3. The agreement shall include a main.tenance and' operating agreement fo~ Dean
Street The design, installation, maintenance arid operational Costs for new surface
and subsurface improvements to'Dean Street shall be borne by the owner of the '
Residences at Little Nell project and its successors and assigns. New subsurface
improvements sha1l include a snowmelt system and similar features but exclude
existing utilities within the right-of-way. ' Costs of replacmg surface and sUbsurface
improvements as a result of accessing City-owned utilities or other subsurface work
that damages surface and subsurface improvementS installed by Residences at Little
Nell, including the snowmelt system, shall be borne by the City of Aspen. The City
of Aspen shall not be responsible for costs of replacing surface and subsurface
improvements damaged as a result of utility work on non-City-owned utilities.
4. An' estimated construction schedule with estimated' schedules for construction
phases affecting city streets and infrastructure and provisions for noticing the City
Streets Department, the City Engineering Department, utility providers (including
City agencies), and emergency service providers.
5, An agreement to return Galena Street to an acceptable condition after construction,
as determined by the City Engineer. Subsurface work may be necessary. Curb and
, gutter work may be necessary.' A final nv~inch overlay may be necessary. In the
alternative,' the applicant may pay a one-time payment concurrent with receipt of a
J:>uilding permit of $7,950 inID the City s.treet maintenance fund ( an amount equal to
("\
City of Aspen Ordinance No. 30,
Series of 2004.
Page 9
"
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IIIII~II ~1111111I~1I11111111 ~~1t~f 1;~ 06~
,SILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.80
the cost of a 2" asphalt overlay over hili the Width of Giifena Street al~~';fu~" .
-;"';frontage of the Little Nell property iO DUiiint Street). . . ........ . ....... .
6: $172,000 to offset City expenditure for' project-related off-site drainage
improvements shall be payable concurrent With receipt ofa building permit. This
fee bas been determined by the CitY ED:giiieel- iindpi:olj,ited With. other properties
. receiving such benefit.
7. In order to secure the performance of the construction and installation of
improvements in the public rights-of-way, the landscape and' public fll-Ciliiies
performance security shall include and secure the estimated costs of proposed
right-of-way improvements. .
8. A license agreement to use Dean Street, or a portion thereof, adjacent to the
project site for construction staging including a fee to use the land at a rate of
$1.25 per square foot per month for the time period in which thelaiJdisfu be
occupied for construction staging. . . .
A
Section 12'; Pre-:Construction Meetine: .
Prior to Building Permit Submission, a meeting between the following parties shall be
conducted: Developer/Applicarit, Project Architect, Project Planner, Prime Contractor,
City Staff Planner, Community Development Engineer, Zoning Officer, Building
OfficiallPlans EXaminer. The purpose of the meeting is to identify the approvirig
ordinance and any amendments, identify conditionsofapproval, identify the timeIlne for
plat and PUD/SlA agreement recordation, identify the types of building J>eririits necessary
and the development activities thltt can be condUcted prior to receiving a building permit,
review any critieal timeline issues, review the steps and iimIDg of thi:bUiiding permit
process, discuss responsibilities of all parties in getting permits, cbanges, etc., and review
the Building Department checklist. . . . .' .
Section 13: Buildine: Permit Reaufrements
The building permit application shalliriclUc1i{depict:
1. A signed copy of the final Ordinance granting land use approval.
2. A letter from the primary contractorstating that the approving Ordinance has been
read and understood.
3. The conditions of approval shall be priIl.tedonthe cover page of the building
permit set.
4; A completed. tap permit for serVice with the Aspen Consolidated Sanitation
District.
5. A tree removal mitigation payrilent of $27,645.31. This figure represents the
difference between the assessed value of trees to be removed and the cost estimate
to supply and ~stall the proposed trees and native vegetation. Amendments to the
plan shall require a reealculation.
,....,.."
City of Aspen OrdimmCe No. 3D,
Series 912004. .... ..
Page 1 D
,
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111111111111111I1111 n II ~~~:it~f 1 ~~ 06A
.SILVIA _IS PITKIN COUNTV CO ' R 76.00 D 0.00 ~,o,oo ,t
6. A, fugitive dust control, plan approved by the Environm~tal H:~th Department
"wlllchadaresses watermg o{ disturbed ai-easincluding haul roads, perimeter silt
fencing, as-needed cleaning of adjacent rights-of-way, speed limits Within and
accessing the site" and the ability to request additional measures to prevent a
nuisance during construction. The applicant shall wash tracked mud and debris
from the street as necessary, and as requested by the City; during construction.
Submission of a fugitive dust control plim to the Colorado Department of Pu.!Jlic
Health and Environment Air Quality Control Division'may also be necessary.
7. A study performed by a Colorado licensed Civil Engmeerdenionstrating how the
required excavation of the site may be' performed without dalIlaging adjacent
structures and/or streets. If the applicant utilizes soil pins to stabilize excavation
cuts, the applicant shall be required to provIde a financial assurance in an amount
to be determined by the Community Development Engineer. The City
, Engineering, Department would strongly prefer that the applicants use soil
hardening techniques rather than soil pins to stabilize the excavation cuts. (A
study has been submitted and is under review by the City.)
8. A construction site management and parking plan meeting the specifications of
the City Building Department. (A study has been submitted and is under review
by the City.)
, ,
9. The applicant shall submit a Soil Suitability and Slope Stability Ana1ysis by a
licensed engineer with a specialty in goo-technical sciences. ~ta minimum, such
report shall determine the feasibility of excavating the hillside and identification
of any necessary mitigation during construction of the lodge to protect adjoining
properties from damage: In addition, the report shall include a baseline for slope
stability prior to any excavation, establish a monitoring program to be
implemented throughout the construction and for two years after completion of
construction using accepted enginCerlng standards approved by the City of Aspen,
including, without limitition, review of all soils, engineering designs, de-Watering
plans, and other applicable standards, (A study has been submitted and is under
review by the City.)
10. 'The roof plan shall demonstrate substantial compliance with the representations
made by the applicant with regard to limiting the rooftop mechanical equipment
and the use of non-reflective roofing materia1.
I/"'),
Prior to issuance of a building p=it:
1, All tap fees, impacts fees, and building Pemrit fees shall be paid,
2. The location and design of standpipes,' fire sprinklers, and alarms shall be
acceptable to the Fire MarshalL
A
'Section 14: PM10 Mifu!ation Plan
In order to reduce the impacts of PM I 0 generated by the project, the project sha1l provide a
shuttle service for u~e by the owners/guests of the Residences at LittleNelJ and shall
allvertiseto their guests that need for a personal/rental car is not mandatory due to the
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City of Aspen Ordinance No. 30,
Series of 2004. ,
Page 11
f"'")
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- III ml~lll~ Illll~~ 1111I r ~~~~t~\~~06~
,SILVIA DAVIS PITKIN COUNTY eo.'. R 76.00 D 0.00. h
shuttle amenity. In addition, the Enviromnentlll HlilUth.p~ent recommends (but is not
~ng)tha.t the lodge aiJ.diKbUShlesses Joill-ihe Transport:ition Options Program and
provide secure covered bike storage. This PMI0 nlltigation plan has been accepted by the
. City's Environmental Health Department and no. fintherplan shall ~ required.
Section 15: DeliverV Dock .. .. ..' . .
No trucking, shipping and/or receiving; service, inspection, or commercial vehicles serving
the Residences at Little Nell and/or aSsociated commercial facilities shall irtilize Ute
Avenue for such purposes. Au shipping and receivrng, 'seivice vendOrs,IDspection, and
other commercial vehicles to and from the Residences at Little Nell and its associated
. commercial facilities shall be only via its parkIDg gilrage and/or loiKting dock off of Galena
Street.
Section 16: Condominiumization.. ..... .
Condomininmi7Jltion of thePi:ojeict to define separate ownership interests of the Project is
hereby approved by the City of Aspen, subject to reCordation of a condominiuinization plat
in compliance With t4e current (at the tiIDe of condo plat submission) plat requirements of
the City Community Development Engineer.
r.,
,
Section 17: l'UD Plans Check . . . .
Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate
substantial compliance with the representations and drawings made and presented during
the project review.
;.... .'".
.,.',-,
Section 18: Restaurant . .
The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food
and beverages to the general public, and the outdoor dining terrace shall be open and
av~lable for use in conjunction therewith, weather Pernritiing,. all days of the year that the
Aspen Mountain Skiing Area is open for public skiing, fora miliimum ofthree (3) hours
after the gondola lift at Little Nell closes each day. Inadditlon~ the bar and the outdoor
dining terrace shall be open to the general public each day during the "summer season",
which shall be deemed to run from June 15 t!irough October IS of eacb year, dunng all
daytime hours that the gondola is open to the geneial public. DUring hours of operation,
. . the restaurant shall be open to the general public. No memberships shall be required,
although occasional. private events may beheld.
Section 19: Vested Ril!:hts
The development approvals granted herein shall constitute a site-specific development plan
veSted for a period of three (3)yeilrs fromthe date of issUariee of a development order,
No later than fourteen (14) days following final approval of all requisite revieWs neCessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in anewspaper of general circulation wiplln, thejuriSdictional boundaries of the
City of Aspen, anotiee advising the general public of the approval of II site specific
~
City of Aspen Ordinance No. 30,
Series of 2004. .
Page 12
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11111111111111111111\ II111I11111 III ~~~~~:0~f 1 i~ 06R
SILVIA OAVIS PITKIN COUNTY eo . R 76.00 D 0.00 . I.......
development plan arid creation of a veSted property right pursuant to this TItle, ~uch notice
shaI1 besubstanti.ally in the following form: . .
'--
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of three .
(3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68,
Colorado Revised Statutes, pert.ining to the following described property: Lot #1,
Residences at Little Nell Subdivision and PUD.
Sedion 20:
All material representations and commitments made by the developer pursuant to the
. development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department, or the Aspen
City Council, are' hereby incorpofated in such plan. development approvals and the same . .
shlin be complied with as if fully ~ forth herem, unless amended by other specific
. . .
conditions.
Section 21:
This Ordinance sba1l not effect any existing litigation and sba1l 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.
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Section 22:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such port~on
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof. . . ..
Section 23:
That the City Clerk is 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 24:
A public hearing on the Ordinance shaI1 be held on the 27thdayofSeptember,}004, at 5:00
in the City Council Chambers, Aspen City Hall, Aspen ColoradO;"fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Section 25:
This ordinance shall become effective thirty (30) days following final adoption.
f"""\ [signatures on following page]
City of Aspen Ordinance No. 3D,
Series of 2004.
Page 13
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INTRODtJalJ,lttADANJJbIfl)I,_fQ:j!tt~t{E)r'asprovidedbyk;;'" >"
by the City Council of the Cityof Airpen on the 13 daYO~2004.
Attest:
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FINALLY, adopted, passed and approved this IZ dayof O~ ?.lto~
Attest:
Approved as to form:
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,~LVIA DAVIS PITKIN COUNTY CD R 76.00 D 0.00 . .
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..., . orcester, City Attorney
Exhibit A -Proposed Zoning Boimdary Map
C:\home\Correot PIannit>g\CASES\Residences@LNIFinal\Ordinance.doc
City of Aspen Ordinance No. 30,
Series of 2004. . . .
Page 14
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SILVIA DAVIS PITKIN COUNTY CO R 166... D....
SUBDIVISION/PUD AGREEMENT
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THE RESIDENCES AT LITTLE NELL SUBDIVISION/PUD
TillS SUBDIVISIONIPUD AGREEMENT is made and entered into this a Y
day of May, 2005, by and between THE CITY OF ASPEN, COLORADO, a municipal
corporation (hereinafter referred to as "City"), and THE RESIDENCES AT LITTLE
NELL DEVELOPMENT, LLC, a Delaware limited liability company (hereinafter
referred to as "RLND"), '
WIT NE SSE T H:
WHEREAS. RLND has submitted to the City an Application for Final PUD
Development Plan Approval (the "Application") for certain contiguous parcels of land
situated within the City of Aspen, Colorado to be consolidated, platted and known as
Lot 1, The Residences at Little Nell SubdivisionIPUD (the "Property"), which
Application requests the approval,execution and recordation of a Final Plat of the
Property (the "Final Plat"); and the approval and recordation of a Final PUD
Development Plan and related documents (collectively, the "Final PUD Development
Plan"); and '
WHEREAS, City has fully considered the Application, the Final Plat, the Final
PUD Development Plan, the proposed development and improvement of the Property,
and the effects of the proposed development and improvement of said Property on
adjoining or neighboring properties and property owners; and
WHEREAS, City has imposed certain conditions and requirements in connection
with its approval, execution and recordation ofthe Final Plat and its approval and
recordation of the Final PUD Development Plan, such matters being necessary to
protect, promote and enhance the public safety, health and welfare; and
WHEREAS,RLND is willing to acknowledge, accept, abide by and faithfully
perform the conditions and requirements imposed by City in approving the Application,
the Final Plat, and the Final PUD Development Plan; and
WHEREAS, under the authority of Sections 26.445.070 (C and D) and
26.480.070 (C and D) of the Aspen Municipal Code, City is entitled to certain fmancial
guarantees to ensure (i) that the required public facilities are installed and (ii) that the
required landscaping is implemented and maintained, and RLND isprepared to provide'
such guarantees as hereinafter set forth; and
I
I 18\l l~1 llll II 1111 II \110\ ~ lll~Jll.E;~~;~8;: :81
SILVIA DAVIS PITKIN COUNTY CO
WHEREAS, contemporaneously with the execution and recording of this
SubdivisionIPUD Agreement, City and RLND have executed and recorded the Final
Plat in Plat Book 11. at Page 1- I ,and City and RLND have recorded the Final PUD
Development Plan as Reception NoP." 0' , both in the Office of the Clerk and
Recorder of Pitkin County, Colorado.
"
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained, the approval, execution and acceptance of the Final Plat
and the approval and acceptance of the Final PUD Development Plan for recordation by
City, and for other good and valuable considerations, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
ARTICLE I
PURPOSE AND EFFECT OF SUBDlVISIONIPUD AGREEMENT
1.1 Purnose. The purpose of this SubdivisionlPUD Agreement is to set forth
the complete and comprehensive understanding and agreement of the parties with
respect to the development of The Residences at Little Nell Subdivision/PUD and to
enumerate all terms and conditions under which such development may occur.
1.2 Effect. It.is the intent of the parties that this SubdivisionIPUD Agreement
shall effectively supercede and replace in their entirety all previously recorded and
unrecorded subdivision, condominium, and other land use approvals and related plats,
maps, declarations and other documents and agreements encumbering the Property,
including without limitation those matters identified in Article VI below (collectively,
the "Prior Approvals and Instruments"), and City and RLND agree to cooperate in the
execution and recording of such documents as may be necessary or appropriate to
accomplish the vacation and/or termination of said Prior Approvals and Instruments.
The parties anticipate that these recordings will take place contemporameously with the
recording of the Final Plat, However, a delay in the recording of any such
vacation/termination documents shall not affect or delay the recording of this
SubdivisionIPUD Agreement, the Final Plat, or the Final PUD Development Plan.
ARTICLE II
ZONING AND REGULATORY APPROVALS
2.1 Annroval Ordinance and Resolution. Pursuant to Ordinance No. 30
(Series of 2004) adopted on October 12, 2004, the Aspen City Council granted final
PUD development plan approval for the development of a mixed use timeshare lodge
containing 24 fractional ownership units, 2 free market residential units, 8 lodge rooms
(hotel units), 8 affordable housing units, approximately 8,900 square feet of net leasable
commercial space, and a subgrade parking garage (collectively, the "Project").
Ordinance No. 30 also (i) granted subdivision approval to subdivide a portion of the
adjacent Aspen Skiing Company property, eliminate the existing internal boundaries
within the Project site, and replat the remainder of the adjacent Tipple Woods
Subdivision; (ii) rezoned a portion of the Proj ect site to CL, Commercial Lodge,
Planned Unit Development; (iii) granted approval to condominiumize the Project and to
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SILVIO OOVIS PITI<IN COUNTY CO R IBB. ee D 0.00
sell the fractional ownership units pursuant to a timeshare use plan (the "Fractional
Ownership Plan"); (iv) exempted from growth management the conversion of existing
residential reconstruction credits to lodge units, the reconstruction of demolished
commercial square footage, al1d.the Project's on-site affordable housing units; and (v)
approved an amendment to the Little Nell Specially Planned Area plan.
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Pursuant to Resolution No. 28 (Series of 2004) adopted on August 17, 2004, the
Aspen Planning and Zoning Commission granted 8040 greenline approval for the
Project and also granted special review approval for the affordable housing units' on-
site parking,
This SubdivisionIPUD Agreement incorporates all of the pertinent provisions of
Ordinance No. 30 and Resolution No. 28, In the event of any inconsistency between the
provisions of Ordinance No. 30 and/or of Resolution No. 28, and the provisions of this
SubdivisionIPUD Agreement, the provisions of this Subdivision/PUD Agreement shall
control.
2.2 Dimensional Requirements. Ordinance No, 30 established and approved
the following dimensional requirements for the Project:
(a) Minimum Lot Size (Sq. Ft.)
(b) Minimum Lot Width (Feet)*
(c) Minimum Front Yard Setback (Feet)**
(d) Minimum East Side Yard Setback (Feet)
(e) Minimum West Side Yard Setback (Feet)
(f) Minimum Rear Yard Setback (Feet)
(g) Maximum Height (Feet)
(h) Minimum Required Open Space (Percent)
(i) Maximum External Floor Area (Sq. Ft,)
(j) Minimum Off-Street Parking Spaces
66,737
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108,000
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Measured along the Dean Avenue right-of-way
Measured from Dean Street
As represented in the recorded Final PUD
Development Plan
2 short-term spaces within the porte-cochere and 70
spaces within the underground parking garage
...*
2.3 Vested RiEhts. Under Development Order of the City of Aspen
Community Development Department issued December 23, 2004 with an effective date
of January 8, 2005 (the "Development Order"), the right to undertake and-complete the
development and use of the Property pursuant to the terms and conditions of the site
specific development plan for the Property is vested until January 8, 2008, and shall not.
be altered, impaired, diminished or delayed by any subsequent zoning or land use action
that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In
accordance with the requirements of CRS Section 24-68-103 (b), a properly noticed
public hearing concerning the establishment of such vested rights for the Property was
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SILVIA DAVIS PITKIN cOlMTY CO R 166.00 D 0.00
conducted on October 12, 2004, As authorized by CRS Section 24-68-l02(4)(a), City
and RLND agree that the site specific plan for the Property consists of and includes, but
is not limited to, the number, permitted size, and configuration of the fractional
ownership units, the free market residential units, the hotel units, the affordable housing
units, the co=ercial spaces, the parking spaces, and the other spaces and areas in the
Project, the Fractional Ownership Plan, and all other matters set forth in Ordinance No.
30 (Series of 2004), Resolution No. 28, the Final Plat recorded in Plat Book ?:J at
Page .).. I ,and the Final PUD Development Plan for The Residences at Little Nell
SubdivisionlPUD recorded as Reception No,r,.." , both in the Office of the Clerk
and Recorder of Pitkin County, Colorado, this SubdivisionIPUD Agreement, and all
other documents and plans recorded concurrently therewith. For purposes of this
Section 2.3, this SubdivisionIPUD Agreement shall be considered a "development
agreement" as that term is used in CRS Section 24-68-104(2).
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ARTICLE III
DEVELOPMENT REQUIREMENTS AND RESTRICTIONS
3.1 The Components of the Project. The timeshare lodge Project approved
pursuant to Ordinance No. 30 and Resolution No. 28 will consist of two attached multi-
story structures which will contain a maximumextemal floor area of 108,000 square
feet, calculated in accordance with the City's floor area regulations in effect on October
25, 2002, which floor area regulations are attached hereto as Exhibit A and made a part
hereofby this reference. The Project will contain the following principal components:
(a) Fractional Ownershin Units. The Project will contain 24
Fractional Ownership Units which will be condominiumized and sold pursuant to the
Fractional Ownership Plan defined and described in the Declaration of Condominium
for The Residences at Little Nell (the "Declaration") to be recorded in the Office of the
Clerk and Recorder of Pitkin County, Colorado contemporaneously with the recording
of the Condominium Map of the Project. The Fractional Ownership Units will consist of
19 three-bedroom units and 5 four-bedroom units, and will be configured so as to
contain 40 separately occupiable lock-offs or keys. As provided in the Declaration, the
Fractional Ownership Units will be available for walk-in, short-term rental to the public
when the Units are not being occupied by an Owner, an Owner's guest, or persons
occupying the Unit under an exchange program.
(b) Free Market Residential Units, The Project will contain 2 Free
Market Residential Units which will be condominiumized and sold, and which may be
occupied on a short or long-term basis. It is not anticipated that these Units will be
subject to the Fractional Ownership Plan, but under the Declaration RLND has reserved
the right to convert either or both free market residential units to a Fractional
Ownership Unit that is subject to the Fractional Ownership Plan. Under Section 9 of
Ordinance No. 30, these units may be converted and included as part of the Fractional
Ownership Plan pursuant to an Insubstantial PUD Amendment approved by the City,
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R 166.88 D 0.00
(c) Hotel Units. The Project win contain 8 traditional lodge rooms
(Hotel Units) which will not be subject to the Fractional Ownership Plan. These units
will at all times be available for nightly rental to the public.
(e) Commercial/Accessory Uses. The Project will contain a
restaurant, bar, outdoor dining terrace, guest living room, fitness room, recreation room,
business center, front desk/concierge area, rooftop swimming pool, and retail
commercial space. The retail space, which is located at ground level and fronts on Dean
Avenue, will be limited to a maximum of 4,520 square feet of net leasable area and is
prohibited from being converted to office use. In the event the retail space owner deems
it appropriate, the retail space or some of it may be reconfigured, subject to obtaining
any approvals that may be required by the City's land use regulations.
The Project's restaurant, bar and outdoor dining terrace shan be open for the sale
of food and beverages to the general public, and the outdoor dining terrace shan be
open and available for use in conjunction therewith, weather permitting, an days of the
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SIlVIR ORVIS PITKIN CO\JNTY CO R 166.00 D 0.00
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year that the Aspen Mountain Ski Area is open for public skiing, for a minimum of
three (3) hours after the gondola lift at Little Nell closes each day, In addition, the bar
and outdoor dining terrace shall be open to the general public each day during the
"summer season", which shall be deemed to run from June 15 through October 15 of
each year, during all daytime hours that the gondola is open to the general public.
During hours of operation, the restaurant shall be open to the general public. No
memberships shall be required, although occasional private events may be held.
(f) Parkio!!, Under Section 2 of Ordinance No. 30 (Series of 2004),
the City Council approved the following minimum off-street parking spaces for the
Project: Seventy (70) parking spaces located on two levels in a subgrade parking
garage, Eight ofthe parking spaces will be allocated and signed for the use of the
Project's eight Affordable Housing Units, and six of the parking spaces will be
allocated and signed for the use of the owners of Lots 1,2 and 3, First Amended Plat of
the Tipple Woods Subdivision.
3.2 Affordable HODSin!! Mitiution.
(a) Reqqirements,
(i) RLND has agreed to provide affordable housing mitigation
for 60 percent of the employees generated by the operation of the Project, The number
of employees generated by the Project has been determined to be 75, hence affordable
housing mitigation must be provided for 45 employees.
(ii) RLND is also required to provide 12 affordable housing
bedrooms containing a minimum of 4,469 square feet of net livable area pursuant to the
City's Resident Multi-Family Replacement Program, which 12 bedrooms are considered
to house 15 employees. The total number of employees for which RLND must provide
affordable housing mitigation, then, is 60. The Development Order constitutes a
"Certificate of Compliance" in accordance with Chapter 26.530 of the Aspen Land Use
Regulations entitled "Multi-Family Housing Replacement Program".
(iii) A minimum of 59 percent of the required affordable housing
mitigation is to be provided within the City limits, and the remaining 41 percent may be
provided outside the City but within the Aspen Community Growth Boundary,
(iv) A minimum of 50 percent of the required affordable housing
mitigation must be deed restricted to APCHA's Category 2 income and occupancy
guidelines, and the remainder may be deed restricted to Category 3,
(b) Mitieation.
(i) As set forth in Section 3.1 (c) above, eight Category 2 studio'
Affordable Housing Units will be provided within the Project, which units will be
credited with housing 10 employees.
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SILVIA DAVIS PITX!N C()I.W't CO R 166.ee
(ii) RLND has entered into an Affordable Housing Buy Down
Agreement with Obermeyer Place Holding Company LLC ("Obermeyer"), whereby
RLND has agreed to buy down 15 of the one-bedroom Resident Occupied ("RO") Units
to be constructed by Obermeyer as a part of the Obermeyer Place Project (the
"Obermeyer Buy Down Units"), Seven of these units, housing a total of 12.25
employees, will be bought down to Category 2 restrictions, and eight of these units,
housing a total of 14 employees, will be bought down to Category 3 restrictions for a
total Buy Down Price of $3,370,400. City agrees that upon (aa) payment in fun of said
Buy Down Price by RLND to Obermeyer, which shall be evidenced by Obermeyer's
written certification of such payment, (bb) the recording of the deed restrictions on the
Obermeyer Buy Down Units to the Categories described above, and (cc) the issuance of
a Certificate of Occupancy for the Obermeyer Buy Down Units, RLND and its
successors and assigns shall be credited with housing a total of 26.25 employees,
..
(iii) The 10 employees to be housed on-site, together with the
26.25 employees to be housed at Obermeyer Place, totals 36.25 employees, which
represents 60 percent ofRLND's required affordable housing mitigation,
(iv) The remainder ofRLND's affordable housing mitigation
requirement, or 24 employees, will be met at the Aspen Airport Business Center, which
is located within the Aspen Community Growth Boundary. These employees will be
housed in eight 3-bedroom sale units being constructed by RLND pursuant to BOCC
Resolution No.135-2004 recorded October 29, 2004 as Reception No. 503623 in the
Office of the Clerk and Recorder of Pitkin County, Colorado (the "AABC Units").
Three of these units will be deed restricted to Category 2 restrictions and five will be
deed restricted to Category 3 restrictions, The eight AABC Units must be deed
restricted, and a Certificate of Occupancy must be issued therefor, before a Certificate
of Occupancy will be issued for the Project.
(v) Based on the foregoing, a total of 31.25 employees will be
housed in Category 2 units and 29 employees will be housed in Category 3 units.
(vi) No Certificate of Occupancy will be issued for the Project
unless and until (aa) a Certificate of Occupancy has been issued for the 15 Obermeyer
Buy Down Units and such units have been deed restricted to the Categories described in
subsection (b)(ii) above, and (bb) a Certificate of Occupancy has been issued for the 8
AABC Units and such units have been deed restricted to the Categories described in
subsection (b)(iv) above, Ifno Certificate of Occupancy has yet been issued for the
Obermeyer Buy Down Units, RLND shall not be precluded from receiving a Certificate
of Occupancy for the Project if it delivers or causes to be delivered to City a collateral
assignment of the $3,370,400 (the Buy Down Price) being held in escrow by Pitkin
County Title, Inc. (the "Escrow Agent") pursuant to the Affordable Housing Buy Down
Agreement, which assignment shall authorize and direct the Escrow Agent to deliver all.
of the escrowed funds to the City in the event a Certificate of Occupancy has not been
issued for and proper deed restrictions recorded upon the Obermeyer Buy Down Units
by July 1, 2007,
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SILVIA DAVIS PIT~IN cOUNTY CO R 166.00 D 0.00
(vii) The employees to be housed in the 8 on-site Affordable
Housing Units and the 8 AABC Units shall meet the qualification criteria contained in
the APCHA Employee Housing Guidelines, as they may be amended from time to time.
'The Obermeyer Buy Down Units shall be governed by the City Council approvals for
the Obermeyer Place Project,
3.3 Construction in Accordance with Plans, Construction of the Project,
and all of its component parts, shall be accomplished in substantial compliance with the
Final PUD Development Plan and with all architectural plans and elevations, utility
plans, grading and drainage plans, site design plans, and landscape plans that are
recorded contemporaneously with the Final Plat and this SubdivisionJPUD Agreement.
3.4 Porte Cochere Traffic Flow. Shiuuinl! and Receivinl!. and RoofTou
Decks,
(a) Porte Cochere Traffic Flow. Traffic flow within the Project's
entry porte cochere shall occur in a clockwise rotation at all times in order to minimize
the impact of vehicle headlights on the adjacent North of Nell Condominiums.
Vehicular access to the porte cochere from Galena Street shall occur via Dean Avenue.
(b) Shipuinl! and Receivinl!. Commercial vehicles, including but not
limited to delivery, seI'Vice and inspection vehicles, shall be prohibited from using the
Little Nell Hotel seI'Vice dock on Spring Street to seI'Vice the Project. All commercial
vehicle activity shall be limited to the Project's Galena Street loading dock and parking
garage.
(c) RoofTou Decks. The Project's rooftop decks, swimming pool
and hot tubs shall be used for the following purposes: Swimming, sun-bathing, food
and beverage sel'Vice, and similar compatible uses.
3.5 Dean Avenue Improvements; Maintenance; Encroachment License.
RLND shall accomplish, as subdivision improvements, the improvements depicted on
the Final PUD Development Plan recorded concurrently with the Final Plat, in
accordance with Article IV of this SubdivisionlPUD Agreement, To the extent
practicable, said Final PUD Development Plan shall be revised to be consistent with
any final master design plan that may be finally adopted by the City for Dean Avenue
improvements, In the event the City has not adopted such final master design plan by
April I, 2006, RLND shall no longer be obligated to make revisions to the Final PUD
Development Plan.
Before a building permit is issued for the Project, the City and RLND shall enter
into two (2) Encroachment Licenses covering the portions ofthe Project that will
encroach into the Dean Avenue right-of-way, as depicted on the Final Plat. The first
Encroachment License will cover the portion of the Residences at Little Nell building
that encroaches into the Dean Avenue right-of-way, and the second Encroachment
License will cover the portion of the surface utility systems servicing The Residences at
Little Nell that encroaches into the Dean Avenue right-of-way,
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SILVIA DAVIS PITKIN CDUNTYCO R 1&6.08 0 e.00
The design, installation, maintenance and operational costs for new surface and
subsurface improvements to Dean Avenue shall be borne by RLND or its
successor/assignee, The ~esidences at Little Nell Condominium Association, Inc. (the
"Association"), New subsurface improvements shall include a snowmelt system and
similar features but shall exclude existing utilities within the right-of-way. Costs of
replacing surface and subsurface improvements as a result of accessing City-owned
utilities or other subsurface work that damages surface and subsurface improvements
installed by RLND, including the snowmelt system, shall be borne by the City, The City
shall not be responsible for costs of replacing surface and subsurface improvements
damaged as a result of utility work on non-City-owned utilities.
3.6 Utilities,
(a) Water, sewer, electric, natural gas, telephone and cable TV service
are available from existing main lines in Galena Street and Dean Avenue. RLND shall
accomplish at its expense the utility improvements described in Article 4.1 below.
(b) All utility service lines from these main lines to the Project shall be
installed by RLND at its expense in compliance with the Water and Sanitary Sewer
Utilities Plan and the Shallow Utilities Plan recorded concurrently with the Final Plat,
and shall be buried underground. All of said utilities shall be installed as subdivision
improvements in accordance with Article IV of this Subdivision/PUD Agreement.
(c) All utility tap fees shall be payable in accordance with the
requirements of the utility regulations in effect at the time of payment.
(d) All uses and construction shall comply with the City of Aspen
Water System Standards, with Title 25, and with applicable standards of Municipal
Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen
Municipal Code as they pertain to utilities.
(e) RLND shall comply with the Aspen Consolidated Sanitation
District's rules and regulations. No clear water connections (roof, foundation, perimeter
drains) shall be allowed to ACSD lines, All improvements below grade shall require the
use of a pumping station.
3.7 Relocation of City Water Line, RLND shall accomplish, as a
subdivision improvement, the relocation of the City of Aspen water line in Durant
. . n Street, Spring Street, and across Little Nell, in compliance with the Little Nell
Waterline Plan and Profile to be recorded concurrently with the Final Plat, and in
accordance with Article IV of this Subdivision/PUD Agreement.
3.8 Drainal!e. All development within the Project shall comply with the
Drainage Plan recorded concurrently with the Final Plat. RLND shall be responsible for'
implementing the Drainage Plan, and drainage improvements shall be accomplished as
subdivision improvements in accordance with Article IV ofthis SubdivisionlPUD
Agreement.
9
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SILVIA DAVIS PI'l1<IN eOUNTY CO R 166.80 D 0.00
3.9 Landscaoiol!: Tree Removal Fee. All development within the Project
shall comply with (i) the Overall Materials Plan, (ii) the Overall Tree Landscape Plan,
and (iii) the Overall Understory Landscape Plan recorded as part of the Final PUD
Development Plan (collectively, the "Planting Plans"), RLND shall be responsible for
implementing the Planting Plans, and landscaping improvements shall be accomplished
as subdivision improvements in accordance with Article IV of this SubdivisionlPUD
Agreement. A tree removal fee in the aggregate amount of $32,252.84 has been paid to
the City by RLND.
3.10 Exterior Lil!htiol!, All development within the Project shall comply with
the Exterior Lighting Plan to be submitted to the Community Development Department
for review and approval at the time of building permit application,
3,11 Ski Trail Easement. The Ski Trail Easement depicted on the Final Plat
across the southeasterly comer of Lot 1; Residences at Little Nell SubdivisionIPUD,
was dedicated to the City on the Final Plat for the use of the general public during the
winter months for downhill and cross-country skiing purposes only (motorized vehicles
are prohibited), subject to the terms and conditions of said dedication and as more fully
set forth in that certain Ski Trail Easement Agreement between RLND and the City
recorded contemporaneously with this SubdivisionIPUD Agreement as Reception No.
flo~(I' ,
3.12 Relocation of Little NeU Chairlift. RLND shall be responsible for
relocating the existing Little Nell Chairlift to approximately the location depicted on
the Final PUD Development Plan, at RLND's cost and expense, Such relocation must be
accomplished before a Certificate of Occupancy is issued for the Project.
3.13 Air Oualitv.
(a) The City has determined that, subject to the provision of van
service for the Project's owners and guests, and the advertising thereof, no further
PMIO mitigation shall be required for the Project.
(b) All development within the Project shall comply with the
Environmental Health Department's woodbuming stove/fireplace regulations in effect
at the time of issuance of a building permit for the Project.
(c) Before a building permit is issued for the Project, RLND shall
submit a fugitive dust control plan to the Environmental Health Department for its
review and approval. The plan shall address, at a minimum, fencing, watering of haul
roads and disturbed areas, daily cleaning of adjacent paved roads, and other measures as
may be necessary to prevent windblown dust from crossing the property lines or
otherwise causing a nuisance,
3.14 Geotechnical Reauirements and Slope Stability Monitorinl!.
Throughout construction of the Project and for a period oftwo (2) years following the
issuance of a Certificate of Occupancy for the Project, RLND shall comply with the
geotechnical recommendations, and implement the slope stability monitoring, detection
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SILVIR DAVIS PITKIN COlMY CO R 166.00 D 8.00
and reporting program, contained in the Geotechnical Investigation for The Residences
at Little Nell prepared by CTL/Thompson under date of June 17, 2003 (Job No. GS-
3850).
3.15 School Land Dedication Fees. Before a building permit is issued for the
Project, RLND shall pay to the City a cash payment in lieu of school land dedication,
for the Project's two (2) free market residential units and eight (8) Affordable Housing
Units, in the total amount of $36,102.90.
3.16 Park Develonment Imnact Fee. Before a building permit is issued for
the Project, RLND shall pay to the City a park development impact fee in the total
amount of$58,315.95.
3.17 Street Impact Fee. Before a building permit is issued for the Project,
. _RLND shall pay to the City a street impact fee in the amount of $ 7,950.00, which is
equal to the cost of placing a 2-inch asphalt overlay over half the width of Galena Street
along the frontage of the Project to Durant Street. This payment is being made in lieu of
returning Galena Street to an acceptable condition following construction of the Project,
as provided in Paragraph 5 of Section 11 of Ordinance No, 30.
3.18 Storm Water Drainal!e Svstem Fee. Before a building permit is issued
for the Project, RLND shall pay to the City a fee in the amount of $ 172,000.00 as a
contribution toward the cost of improvements to the City's storm water drainage
system, and the City shall deposit the funds in a separate account for such purpose. In
the event the City has not expended the funds for such purpose within 5 years following
the lIate of this SubdivisionIPUD Agreement, the storm water drainage system fee shall
be refunded to RLND together with 4 percent interest (non-compounded) accrued from
date of payment to date of reimbursement.
3.19 Work in Public Ril!ht-of-Wav. RLND shall first obtain the approval of
the appropriate City Department before commencement of any work within a public
right-of-way.
3.20 Damaee to Public Ril!hts-of-Wav. RLND shall repair any public right.
of-way damaged during construction of the Project prior to issuance of a Certificate of
Occupancy for the Project, excepting damage to Galena Street covered by the street
impact fee provided for in Section 3.17 above. RLND shall be responsible for the
restoration of any sections of Galena Street to pre-disturbance condition in order to
receive an overlay.
3.21 Construction Hours, Construction activity within the Property shall be
limited to the hours between 7:00 a,m. and 7:00 p.m. Monday through Saturday. No
construction activity shall be permitted on Sunday.
3.22 Construction Manal!ement Plan. All construction activities on the
Property shall comply with the Construction Site Management Plan and Parking Plan
submitted by RLND to thc City concurrently with the building permit application.
11
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\ II~~ 1\1\ 111~111~ 11\1 1111111\ 11181111 111\ ~;;~~L~f ~~01
SILVIA DAVIS PITKIN COUNTY eo R 166.00 D 0.00
3.23 Improvement Districts. On behalf of itself and any future owners of the
Property and all interests therein, RLND agrees to join any future improvement districts
that may be formed for the purpose of constructing improvements that benefit the
Property under an assessment formula.
3,24 Condominium Map. Upon substantial completion of construction of the
Project, RLND shall submit a Condominium Map to the Community Development
Director for review and approval. During the period of vested rights described in
Section 2.3 above, the Condominium Map shall be reviewed under the applicable
provisions of the City's Land Use Regulations in effect on October 25,2002 (the date
of submission of the Project's conceptual PUD application), which provisions are
attached hereto as Exhibit A and made a part hereof by this reference. Following
expiration of said vesting period, the Condominium Map shall be reviewed under the
then-current condominiumization requirements of the Aspen Municipal Code, The
_ __condominiumization of the Project shall be accomplished prior to the closing of the sale
of any Fractional Interest or Free Market Residential Unit in the Project.
3.25 Van Service. The Association shall provide 24-hour van service to
owners and guests of the Project.
3.26 License to Use Dean Avenue for Construction Sta2in2, City hereby
grants to RLND a license to use so much-of Dean Avenue adjacent to the Project site as
may be necessary from time to time for construction staging in connection with the
Project. In consideration thereof, within twenty (20) days following the end of each
calendar month in which Dean Avenue is used for staging, RLND agrees to pay to City
the sum of $1.25 per square foot per month for each square foot of Dean A venue
actually used for staging during said month, prorated for the number of days of actual
usage during said month.
3.27 Ownership and Maintenance of Common Elements. Under the terms of
the Declaration, all portions of the Project other than the Units (as defined in the
Declaration) are Common Elements. The Common Elements are owned in common by
the owners of the Units and ofthe Fractional Interests, in the undivided interests
described in the Declaration, and the Association is responsible for maintaining,
repairing, improving, restoring and replacing the Common Elements, including any
Limited Common Elements and Common Furnishings.
3,28 Roof Plan, RLND shall limit the rooftop mechanical equipment in the
Project to the equipment depicted on the Roof Plan to be recorded as part of the Final
PUD Development Plan, shall screen such equipment as shown on the Roof Plan, and
shall use non-reflective roofing material.
3.29 Pre-Construction Meetinl!. Prior to submitting an Application for the
Building Permit for the Project, a meeting shall be held among the following parties:
RLND, the Project Architect, the Project Planner, the Prime Contractor, a City Staff
Planner, a Community Development Engineer, a Zoning Officer, and a Building
Official/Plans Examiner. The purpose of the meeting shall be to identify the approving
12
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'\ 11111110\ II~I ~~ I~ WI ~IUII~111111I1 ::;~~~~r 0:~ 01
SI~VIA DAVIS PITKIN coUNTY CO R 166.10 D 0.00
Ordinance and any amendments thereto, identify conditions of approval, identify the
timeline for Final Plat and SubdivisionlPUD Agreement recordation, identify the types
of building permits necessary and the development activities that can be conducted
prior to receiving a building permit, review any critical timeline issues, review the steps
and timing of the building permit process, discuss the responsibilities of all parties in
obtaining permits, changes, etc" and review the Building Department checklist.
ARTICLE IV
A. SUBDIVISION IMPROVEMENTS
4,1 Prior to the issuance of a Certificate of Occupancy for the Project, RLND
shall accomplish the following subdivision improvements, all as depicted and described
on the Final PUD Development Plan and other related documents that are attached to or
recorded concurrently with the Final Plat: The utility and street surface improvements
. identified on the "Costs Estimate for Proposed Public R.O.W: Improvements" dated
February 15, 2005, and the "Site Cost Estimate for Dean Avenue and Galena Street
Improvements" dated February 14,2004, copies of which are attached hereto
collectively as Exhibit B. The aggregate estimated cost of such improvements is
$819,589.
4.2 Before a building permit is issued for the Project, a construction schedule
for the above-described improvements shall be submitted to the City Engineering
Department, and all applicable right-of-way permits and licenses must be obtained.
4.3 RLND shall complete the landscaping of the Property and the Dean
Avenue right-of-way in accordance with the Planting Plans no later than six (6) months
following the issuance of a Certificate of Occupancy for the Proj ect. RLND shall be
responsible for ensuring the success of all landscaping installed pursuant to the Planting
Plans for a period of 2 years following the date of installation, and shall replace any
landscaping that fails during such 2 year period. RLND or its successors or assigns
shall have the right to plant additional native vegetation within the Residences at Little
Nell SubdivisionlPUD, as it may consider appropriate from time to time, without
further approvals being required. The estimated cost of such landscaping improvements
(including 2 years of maintenance thereof) is $321,038, as set forth on the Landscaping
Cost Estimate attached hereto as Exhibit C and made a part hereof by this reference.
4.4 The estimated costs set forth in Sections 4.1 and 4.3 above shall be
____._. updated to 2005 dollars (or the year in which construction commences) at the time of
building permit submittal, and the updated cost estimates shall be submitted to the City
Engineer for review and approval.
/
B. FINANCIAL ASSURANCES
In order to ensure construction and installation ofthe subdivision and
landscaping improvements described in Section A above, and to guarantee 100 percent
of the current estimated cost of the subdivision improvements ($819,589, updated as
above required) and 125 percent of the current estimated cost of the landscaping
13
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li"\\\'I"\I\'III"I"\~"I\~\I\ ::;~~~r 0~~0t
SILV1A DAVIS PITKIN COUNTY CO R 166.81 D e.00
improvements (including 2 years of maintenance thereof) ($401,298, updated as above
required), RLND shall provide to the City an irrevocable letter of credit from a
financially responsible lender in the amount of$I,220,887, updated as above required.
Said letter of credit shall be provided to the City prior to the issuance of a building
permit for the construction of the Project, shall be in a form reasonably acceptable to
the City Attorney and the City Manager, and shall give the City the unconditional right,
upon default by RLND, to draw funds as necessary and upon demand to partially or
fully complete and/or pay for any of such improvements or pay any outstanding and
delinquent bills for work done thereon by any party, with any excess letter of credit
amount to be applied first to additional administrative or legal costs associated with any
such default and the repair of any deterioration in improvements already constructed
before the unused remainder, if any, of such letter of credit is released to RLND.
Provided, however, that RLND shall be given fourteen (14) days' written notice of
default (and the right to cure during said period) prior to the City's ability to make a
draw under the letter of credit. Notwithstanding the foregoing, delays or other
problems resulting from acts of God or other events beyond the reasonable control of
RLND shall not constitute a default hereunder so long as a good faith effort is being
made to remedy the problem and the problem is in fact resolved within a reasonable
period of time folIowing its occurrence. As portions of the improvements required are
completed, the City Engineer shall inspect them, and upon approval and written
acceptance, he shall authorize a reduction in the outstanding amount of the letter of
credit equal to the agreed estimated cost for the completed portion of the improvements;
provided, however, that ten percent (10%) of the estimated cost shaIl be withheld until
all proposed improvements are completed and approved by the City Engineer, and with
respect to landscaping improvements, twenty-five percent (25%) of the $321,038
estimated cost thereof (as updated), or $80,260 (as updated), shall be retained until the
landscaping improvements have been maintained in a satisfactory condition for two (2)
years.
A Maintenance Bond, valid for two (2) years from the date of acceptance of all
right-of-way improvements by the City Engineer, shall be provided to the City Engineer
in the amount of $819,589 (updated as above required), prior to any reduction in the
amount of the letter of credit for costs associated with right-of-way improvements.
It is the express understanding of the parties that compliance with the procedure
set forth in Article V below pertaining to the procedure for default and amendment of
this Subdivision/PUD Agreement shall be required with respect to the enforcement and
. implementation of these financial assurances and guarantees to be provided by RLND
as set forth above.
I
ARTICLE V
NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS
In the event that the City determines that RLND is not acting in substantial
compliance with the terms of this SubdivisionIPUD Agreement, the City shaIl notify
RLND in writing specifying the alleged non-compliance and asking that RLND remedy
the alleged non-compliance within such reasonable time as the City may determine, but
14
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I l\llil lI~ lUll II '~II 111111 III 11111 ~"I :;;~~i:0~r e:~01
SILVIR ORVIS PITI<IN COUNTY eo R 166.00 D 0. ell
not less than 30 days, If the City determines that RLND has not complied within such
time, the City may issue and serve upon RLND a written order specifying the alleged
non-compliance and requiring RLND to remedy the same within thirty (30) days.
Within twenty (20) days of the receipt of such order, RLND may file with the City
Engineering Department either a notice advising the City that it is in compliance or a
written request to determine anyone 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
SubdivisionlPUD Agreement should be granted with respect to any such non-
compliance which is determined to exist.
Upon the receipt of such request, the City shall promptly schedule a meeting of
the parties to consider the matters set forth in the order of non-compliance. The
meeting of the parties shall be convened and conducted pursuant to the procedures
normally established by the City, If the City determines that a non-compliance exists
which has not been remedied, it may issue such orders as may be appropriate, including
the imposition of daily fines until such non-compliance has been remedied, the
withholding of permits and/or certificate of occupancy, as applicable; provided,
however, no order shall terminate any land use approval. The City may also grant such
variances, extensions of time or amendments to this SubdivisionIPUD Agreement as it
may deem appropriate under the circumstances.
The parties expressly acknowledge and agree that the City shall not unreasonably
refuse to extend the time periods for performance hereunder ifRLND demonstrates that
the reasons for the delay(s) which necessitate said extension(s) result from acts of God
or other events beyond the reasonable control of RLND, despite good faith efforts on its
part to perform in a timely manner.
ARTICLE VI
PRIOR APPROVALS AND INSTRUMENTS
6.1 Plat of Tippler Townhomes Subdivision recorded November 25, 1998 in
Plat Book 48 at Page 3.
6.2 Subdivision Agreement for Tippler Townhomes Subdivision recorded
Novem~er25,_~~8 as Reception No. 424875.
6,3 Resolution No. 98-06 of the Aspen Planning and Zoning Commission
recorded April 1 0, 1998 as Reception No, 415473, approving the proposed off-street
parking plan for the Tippler Townhomes Subdivision.
.I
6.4 Ordinance No.6 (Series of 1998) of the Aspen City Council adopted May'
26, 1998, granting final subdivision approval for the Tippler Townhornes Subdivision,
15
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I IIBI i~ III I~I III ml' ~III ~I III 1111 :;~~~d~r 0:~01
SILVIA DAVIS PIT10N COlJ'l1Y CO R 166.80 D 0.08
6.5 Resolution No. 66 (Series of 2000) of the Aspen City Council adopted
May 22, 2000, granting an extension of the Tippler Townhomes Subdivision vested
rights through February 26, 2003,
6.6 Resolution No, 17 (Series of 2003) of the Aspen City Council adopted
February 24,2003, granting an extension of the Tippler Townhomes Subdivision vested
rights through February 26, 2005,
6.7 Condominium Plat of Tipple Lodge recorded April 2, 1980 in Plat Book 9
at Page 22.
6.8 Condominium Declaration for Tipple Lodge recorded April 2, 1980 in
Book 385 at Page 883.
6.9 Subdivision Exemption Agreement (Tipple Lodge Condominium)
recorded Octobed9, 1979 in Book 378 at Page 294.
6.10 Ordinance No. 23 (Series of 2003) of the Aspen City Council adopted
June 23, 2003, approving the expansion of the Tippler Townhomes Subdivision onto the
Tipple Lodge property.
6,11 Plat of Tipple Woods Subdivision recorded March 23. 1959 in Ditch Book
2A at Page 250, as amended by Subdivision Exception Plat recorded February 14, 1984
in Plat Book 15 at Page 86 (collectively the "Plat"). Plat to be vacated, and new Plat of
Tipple Woods Subdivision to be recorded, depicting remaining 3 Lots in Subdivision.
6.12 Agreement of Second Amendment and Restatement of Protective
Covenants of Tipple Woods Subdivision recorded November 11. 1971 in Book 259 at
Page 245. To be restated and amended in their entirety to reflect 3 remaining Lots in
Subdivision. .
6.13 Condominium Map of Tipple Inn Condominiums recorded in Plat Book 3
at Page 82, as amended and supplemented.
6.14 Condominium Declaration for Tipple Inn (A Condominium) recorded May
10,1966 in Book 220 at Page 318, as amended by recorded First through Fourth
Supplements, and by Consent to Amendment of Declaration and Map recorded in Book
262 at Page 227.
6.15 Other recorded and unrecorded documents and instruments affecting title
to the Property,
.I
ARTICLE VII
GENERAL PROVISIONS
7,1 The provisions hereof shall be binding upon and inure to the benefit of
RLND and City and their respective successors and assigns,
16
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[IIIIUII~IIIIII~ ~II ~~IIIUIl~ ~II :;~~L~f 0:~01
SILVIA ,,"VIS PITKIN COUNTY CO R 166.80 D 0.00
7.2 This SubdivisionlPUD Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado,
7.3 If any of the provisions of this SubdivisionlPUD 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 SubdivisionlPUD Agreement, and the application of any such provision,
paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not
be affected thereby,
7.4 This SubdivisionIPUD Agreement and the exhibits attached hereto contain
the entire understanding between the parties hereto with respect to the transactions
contemplated hereunder. RLND, its successors or assigns, may, on its own initiative,
petition the City Council for an amendment to this SubdivisionIPUD Agreement or for
an extension of one or more of the time periods required for performance hereunder,
The City Council shall not unreasonably deny such petition for amendment or extension
after considering all appropriate circumstances. Any such amendments or extensions of
time shall only become effective upon the execution by all parties hereto that are
affected by the proposed amendment.
7.5 Numerical and title headings contained in this SubdivisionlPUD
Agreement are for convenience only, and shall not be deemed determinative of the
substance contained herein. As used herein, where the context requires, the use of the
singular shall include the plural and the use of any gender shall include all genders,
7.6 Upon execution of this SubdivisionlPUD Agreement by all parties hereto,
City agrees to approve and execute the Final Plat and to approve the Final PUD
Development Plan and to accept the same for recordation in the office of the Clerk and
Recorder for Pitkin County, Colorado, upon payment of the recordation fees by RLND.
7.7 Notices to be given to the parties to this SubdivisionIPUD Agreement
shall be considered to be given if hand delivered or if deposited in the United States
Mail to the parties by registered or certified mail at the addresses indicated below, or
such other addresses as may be substituted upon written notice by the parties or their
successors or assigns:
CITY:
City of Aspen
City Manager
130 South Galena Street
Aspen, CO 81611
./
RLND:
Aspen Land Fund LLC, Managing Member
Attention: Brooke Peterson
302 East Hopkins Avenue
Aspen, CO 81611
With Copy to:
Arthur C. Daily, Esq,
Holland & Hart LLP
17
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600 East Main Street
Aspen, CO 81611
7,8 This SubdivisionIPUD Agreement may be executed in counterparts, in
which case all such counterparts together shall constitute one and the same instrument
which is binding on all of the parties thereto, notwithstanding that all of the parties are
not signatory to the original or the same counterpart. Facsimile signatures shall be
treated as original signatures hereon.
7.9 The terms, conditions, provisions and obligations herein contained shall
be deemed covenants that run with and burden the Property and any and all owners
thereof or interests therein, their respective successors, grantees or assigns, and further
shall inure to the benefit of and be specifically enforceable by or against the parties
hereto, their respective successors, grantees or assigns.
I ~III n~ ftllllW 1\ IUI ~ 11~\l1l111 :;h~~d~r e:~el
SI~VI. DAVIS PIT1<IN COllNTY co R l&6.ee D e.ee
/
18
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/''-''
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
::;;~~
o~o/ar Mayo?1'2.0 ~
APPROVED AS TO FORM:-----
.L""~tI7b$..
John orce ter, City Attorney
RLND:
THE RESIDENCES AT LITTLE NELL
DEVELOPMENT, LLC, a Delaware limited liability
company
By: Aspen Land Fund, LLC, a Colorado
limited liability company, Managing Member
By: CW A Development, LLC, a Colorado
limited liability company, Manager
c.
. eroo e ger
And By: Centurion partners Aspen,
LLC, a Colorado limited
liability company, Member
IIR\UIIHI~IIIIII\n~ln\ III :~~~l~f e:~01 ~~~~~~~t~::~i~i~~~~~any,
SILVIA DAVIS PI1KIN eouNTY co R 166.ee D e." By: /~~. ) ~
Scot Matteson, Managing Member
18
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~18\UI'\II\IlIU"\'UIl\ ~;;~~:~f :0t
SILVIA ORVIS PITKIN COI.MY CO , R 166.00 D 0.00
And By: Westpac Colorado LLC, a
Colorado limited liability company,
Member
~-==o...,
pabic~. Smith, Manager
STATE OF COLORADO)
) ss,
COUNTY OF PITKIN )
Witness my hand and official seal.
My commission expires:()ft ,1Iuo-;
STATE OF COLORADO
COUNTY OF 'Yrn,.J
)
) ss,
)
The foregoing instrument was acknowledged before me this s2!l.i!:. day of
~,:, I .., , 2005, by Brooke Peterson, Manager of Five Rocks LLC, a Colorado
~mpany, Member ofCWA Development LLC, a Colorado limited
liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability .-
company, Managing Member of The Residences at Little Nell Development, LLC,.lI';'<
Delaware limited liability company. , . .~~ ~'i.t;'\.
.-..",~o,
Witnes.s ~y ~an~~dofficial seal. ' ~, ~ "~'~:Ntck~ i ~ .-
My commission expires: cq }!2. y I O~ \,c\ :.~ '+'i/'>: ~:
/ ClvmJA ~"..,:::,.,:::::,:::~~.".
~oWyP"bl'" ~, ^ ""', dn'HH'
"'OD~. 1'f)A'''', H~r ,. .
19
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STATE OF CAUIbHrLA-)
) ss,
COUNTY OF O~-<- )
The foregoing instrument was acknowledged before me this '21 day of
~ ,2005, by Scot Matteson and Mike Smith, Managing Members of
Centurion Partners LLC, a California limited liability company, Manager of Centurion
Partners Aspen, LLC, a Colorado limited liability company, Member of CW A
Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund
LLC, a Colorado limited liability company, Managing Member of The Residences at
Little Nell Development, LLC, a Delaware limited liability company.
Witness my hand and official seal.
J'=~'(" 2\ W'J.
I NlIIaJy PuIlIIc - CaIfomla I
j Olange c-tr -
- - - ~~~~~~~t
STATE OF )
) ss,
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2005, by Patrick N. Smith, Manager of Westpac Colorado LLC, a
Colorado limited liability company, Member ofCWA Development LLC, a Colorado
limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited
liability company, Managing Member of The Residences at Little Nell Development,
LLC, a Delaware limited liability company,
Witness my hand and official seal.
My commission expires:
Notary Public
/
I~ IIII~IIIIIUII~II ~~~~d0~ft;~01
SILVIA DAVIS PITKIN COUNTY co R 166.00 D 0.00
3t88793_4-~CH:
20
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STATE OF CALIFORNIA
)
)ss.
)
COUNTY 01' SAN'.rA BARBARA
On this 28th day of April, 2005, before me, the undersigned, a No-
tary Public in and for said State, personally appeared PA!l'lU:CK N.
SlfiTB, personally known to me (GF Frg.p^...I ~Q mg SA. thG s.:l.Gie af satie
h..t"~l' ~. id~u~~) to be the person (.8') whose name (-e-) is/.H'e subscribed
to the within instrument and acknowledged to me that he/~/taey exe-
cuted the same in his/~/t~ authorized capacity(~), and that by
his/her/~r signature~) on the instrument the person(~), or the en-
tity upon behalf of which the person l-5'f acted, executed the instru-
ment,
~TNESS my hand and official seal.
LEANNE KAY LUSTIG .
ca.M-~ R
~~ COUNTY ~
~~:.o:. ,j
id State
NOTE:
Attached to Subdivision/PUD Agreement for the Residences at
Little Nell Subdivision/PUD undated re "Little Nell".
1I11111~1~lllllnll~11111 :;~~f~~el
SILVIA DAVIS PtTKIN CCUN1Y co R 166." D e.llll
./
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11111111111111111111111111111111111111111111111 ~;~~~0~f ~~ 01
SILVIA DAVIS PITKIN COUNTY CO R 166.08 D 8.00
CONSENT OF MORTGAGEE
The undersigned, being the holder of two liens on portions of Lot I, The
Residences at Little Nell Subdivision/PUD pursuant to Deeds of Trust recorded as
Reception Nos. 469347 and 500220 in the Office of the Clerk and Recorder of Pitkin
County, Colorado, hereby consents to and approves the recording of this
SubdivisionlPUD Agreement, and hereby subordinates the liens of said Deeds of Trust
to the matters set forth herein.
Dated this~ay of May, 2005.
- ---:;i~tP"
Its: pA2{jliGJ-
---
STATE OF COLORADO)
) ss
COUNTY OF PITKIN )
The fOreg~nsent of Mortgagee was acknowledged before me this S- day
of May, 2005, b 7../ JJ /<r _ as t' __ L < (L- _ -J- of Alpine Bank,
Aspen, a Colorado corporation,
Witness my hand and official seal.
My commission expires: 1/'; g( ~ 8
/
.~
C~~ ~
. N ary Public .
ll74870_LDOC _
1'"'''-
'-"
IIIIIU~ 11111111111I111111111111 \ III~IIII~ ~k~~:~f e~~ 01
SILVIA DAVIS PITKIN COUNTY CO R 166.'8 0 e."
....
I
EXHIBIT
rf
26.480.090 Condominiumization.
A. GeneraL \Vhere a proposed development is to include a condominium form of o\-Vnership. or if an
existing development is to be convened to a condominium form of ownership. in whole or in pan. a
condominium subdivision plat retlecting all condominiwnized units. or that portion of the deveiopment
to be condominiumized. shall be submitted to the Community Development Director for review and
approval as a subdivision pursuant to the tenns and provisions of this section.
B. Procedure. A development application for a condominiumization shall be reviewed and approved.
approved with conditions, or denied by the Community Development Director, pursuant to the proce-
dures and standards in this section and Common Development Review Procedures set forth at Chapter
26.304. No condominiumization shall be approved by the Community Develop-
ment Director unfess compliance with all application portions of this Section, applicable portions of
this Chapter, and applicable portions of this Title are demonstrated.
1. Contents of ADl,/iCariOn. The contents of a development application for a condominium or
condominiumization shall include the following:
a. The general application information required in Cornman Developm~t Review Pro-
cedures set forth at Section 26.304.030.
b. A condominium subdivision plat drawn with permanent ink on reproducible mylar.
Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered
margin of one and one-half (1-1/2) inches on the left hand side of the sheet and a one-half
(1/2) inch margin around the other three (3) sides of the sheet. It shall include:
(1) Accurate dimensions for all lines, angles and curves used to describe bOlmdaries,
streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for
public or cornman use and other imponant features. All curves shall be circular arcs
and shall be defined by the radius, central angle, tangent, arc and chord distances. All
dimensions, both,linear and angular, are to be determined by an accurate control sur-
vey in the field which must balance and close within a limit of one (1) in ten thousand
(10,000).
(2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or
larger. ArchitectUI'al scales are not acceptable. If it is necessary to place the plat on
" more than one (1) sheer,- an index shall be included on the first sheet. A vicinity map
shall also appe:l1' on the fir.;t sheet showing the condominium project as it relates to the
rest of the city and the s=t system in the area of ,the proposed condominium,
./ .
(3) A description of all survey monuments, both found and sel. which mark the
boundaries of the subdivision, and description of all monuments used in conducting
the survey. The Colorado Coordinate System may be used.
(4) A statement by the land surveyor explaining how bearings, if used, were deter-
mined,
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..,-,~
(5) A certificate by the registered land surveyor as to the accuracy of the survey and
plat, and a statement that the survey was performed in accordance with Colorado Re-
vised Statutes 1973. Title 38, Article, 51, as amended from time to time,
(6) A certificate by a corporate Title insurer, that the person or person dedicating to
the public the public rights-Of-way, areas or facilities as shown thereon are the owners
thereof in fee simple, free and clear of all liens :md encumbranC"'...s.
(7) Certificates showing approval of the final plat by the City Engineer and Commu-
nity Development Director.
(8) A certificate of filing for the Pitkin County Clerk and Recorder.
(9) Copies of any monumentrecorcls required of the land surveyor in accordance
with Colorado Revised Statutes 1973,-Title 38, Article 53, as amended from time to
time.
, Recordation. The approved condominium subdivision plat shall be recorded in the office
of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval
by the Community Development Director. Failure on the part of the applicant to record the plat
within one hundred eighty (180) days following approval by the Community Development Di-
rector shall render the plat invalid and a new application and approval will be required.
3. Subdivision Af!Teement. No subdivision agreement need be prepared or entered into be-
tween the applicant and the city pursuant to a condominium or condomininmi7.tion approval
unless the Community Development Director determines such an agreement is necessary.
4. Minimum Lease Deed Restriction. 1vlinimum lease deed restrictions imposed by the City Council as a condition of condominiumization approval prior to July 1, 1992, shall only be
modified or removed with the consent of the City Council.
(Ore!.. No. 55-2000, 9 12)
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Residences at UttJe Nell- Dean Avenue and sITe COST ESTIMATE
Galena Street Improvements Date: 2.14.04
Attn: Sunnv Vann
Prepared for: Prepared by: SS
CWA Development, LLC Checked by; SS
Desian Workshop
UNIT ITEM
ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT
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5600 Ornamental Street Ught
12 Each
$3,500.00
$42,000.00
5600 Recessed Wall and/or
Stair Light
34 Each
$300.00
$10,200.00
$52,200.00 I
TOTAL SCHEDULE oo2~OO
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6300 Stonn Drains and
Drop Inlets (includes trench drain)
2 each
$1,600.00
$3,200.00
$3,200.00 I
TOTAL SCHEDULE 002-6000
1\111111111101 \11\ ~IIIIII~ ~\ II1II111 ~;~~~~f ~~el
SILVIA DAVIS PITKIN COUNTY co R 166.e8 De."
Residenoes at Lit1Ie Nell
Dean Avenue Improvements
Cost EstImate
Page 1
.
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'-'
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Residences at Uttle Nell- Dean A venue and SITE COST ESTIMATE
Galena Street Improvements Date: 2.14.04
Attn: Sunny Vann
Prepared for: Prepared by: SS
CWA Development, LLC Checked by: SS
Desion Workshop
UNIT ITEM
ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT
....d.....
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SILVIA DAVIS PITKIN CO\MY co R 1,&IL U0 0 0, ell
Residences at LillIe Nell
Dean Avenue Improvements
Cost Estimate
Page 2
.
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Residences at Little NeJl- Dean Avenue and SITE COST ESTIMATE
Galena Street Improvements Date: 2.14.04
Attn: Sunnv Vann
Prepared for: Prepared by: S5
CWA Development, LLC Checked by: 55
Design WOrkShOD
UNIT ITEM
ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT
..-.-.....-..-..........,.....>..._.,.-.. ......._..'-Y.,'M.dP'.."_, .
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8300 Handrails 223 L.F, $55.00 $12,265.00
8400 Site Walls-concrete on grade 362 S.F. $40.00 $14.480.00
8500 Planter Pots (Medium to Small) 12 Each $400.00 $4,800.00
8500 Benches 8 Each--- $2,500.00 $20,000.00
8500 Trash Receptacles 3 Each $750.00 $2,250.00
8500 Bicycle Racks 6 Each $500.00 $3,000.00
8500 Art Element 1 Each $10,000.00 $10,000.00
8500 Pedestrian Bollards 4 Each $500.00 $2.000.00
8500 Iron Trunk Guards 0 Each $500.00 $0.00
8500 Iron Tree Grates 12 Each $500.00 $6,000.00
TOTAL SCHEDULE 002-8000 $74,795.00 I
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SILVIA DAVIS PITX1N COUNTY CO R 166.8e D e.fae
/
Residences at Ullle NeD
Dean Avenue Improvements
Cost Estimate
Page 3
.
,.....,
-
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-
SITE COST ESTIMATE
Date: 2.14.04
Residences at Little Nell- Dean Avenue and
Galena Street Improvements
Atln: Sunnv Vann
Prepared for:
CWA Development, LLC
Prepared by: 5S
Checked by: SS
Design WorkShOD
UNIT
ITEM DESCRIPTION QUANT. UNIT PRICE
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9200 Irrigation:
b. Irrigation Sleeving
475 L,F.
$6.00
$7,416.00
$2,850.00
$10,266.00 I
a. Irrigation Coverage
412 S,Y.
$18.00
TOTALSCHEDULE002~100
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6100 Slab Snowmelt System
9,450 S.F.
$15.00
$141,750.00
$141,750.00 I
TOTAL SCHEDULE 015.6000
\\\II\UIIIIIIIII\'\I ?~~~~~~e~el
SU.'lltA DAVIS PI11tIN COIJNT'l' co .
./
Residences at UtlIe Nell
Dean Avenue Improvements
Cost estimate
Page 4
,......"
--
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-
Residences at UttIe Nell. Dean Avenue and SITE COST ESTIMATE
Galena Street Improvements Date: 2.14.04
Attn: Sunny Vann
Prepared for: Prepared by: SS
CWA Development, LLC Checked by: SS
Design WOrkshoD
UNIT ITEM
ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT
PROJECT SUMMARY
SCHEDULE 002-5000 SITE UTILITY. ELECTRICAL $52,200.00
SCHEDULE 002-6000 SITE DRAINAGE AND CONTAINMENT $3,200.00
SCHEDULE 002.7000 PAVEMENT AND CURBS $231,724.50
SCHEDULE 002-8000 SITE IMPROVEMENTS $74,795.00
SCHEDULE 002-9100 LANDSCAPE IRRIGATION $10,266.00
SCHEDULE 015-6000 MECHANICAL SYSTEMS . - .--------- '-'$141.750,00
TOTAL CONSTRUCTION COSTS $513,935.50
CONTINGENCIES (15%) $77,090.33
TOTAL PROJECT COST $591,025.83
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\\\lUII\lII'\\\BUlR 166.:~~~~~:.t0~~01
SIl..VIA DlWl$ PITKIN cOUNTY
./
Residences at LItlle Nell
Dean Avenue Improvements
Cost Estimate
Page 5
.
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'-
.....,.
Residences at UttJe Nell- Dean Avenue and SITE COST ESTIMATE
Galena Street Improvements Date: 2.14.04
Altn: Sunnv Vann
Prepared for: Prepared by: SS
CWA Development, LLC Checked by: SS
Desion Worksho"
UNIT ITEM
ITEM DESCRIPTION QUANT. UNIT PRICE AMOUNT
THIS COST ESTIMATE WAS BASED ON THE FOLLOWING ASSUMPTIONS:
The prices do not include any rock excavation or existing site demolition.
The prices used in the estimate are 2003 construction prices, and neflect summertime constructil
conditions.
All quantities are pneliminary and are subject to change upon completion of final
construction drawings.
All prices include supply and install by Contractor
IIIII~ IIIIIIIIII~ IIIIIIII~IIIIIIIIIIIIII :;;~~:~r e;7.1
SILVIA DAVIS PITKIN COUNTY CO R 166.e. D ..e.
./
Residencas at Ultle Nell
Dean Avenue Improvements
Cost Estimate
Page 6
,.....,
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EXHIBIT
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Residences at LIttI. Nell
LanUc.pin1l eo.t EttbNta
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StUD $1,711.10
117.30 S5.553.3O
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"'t $1,1014G
.Ita .,123.00
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SILVIA DAVIS PITKIN COUNTY CO
510210
llaTOTAL fiol:_
PaQe: 33 of 33
05/17/2005 04:01
R 166.00 D 0.00
to%ContttmoJ _.
GRAND TOTAL __!IIIaID1