HomeMy WebLinkAboutcoa.lu.su.Mocklin.A031-98
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MEMORANDUM
TO:
Nick Adeh, City Engineer
Jeff Woods, Parks Director
FROM:
Sara Thomas, City Zoning Officer
RE:
Mocklin Subdivision
DATE:
August 25, 1998
I am attaching a copy of a letter of credit which is serving as the financial guarantee for
completion of the required subdivision improvements for.the Mocklin Subdivision. I
have also attached a copy of the Subdivision Agreement which specifies, in Section C,
the subdivision and landscaping improvements that are to be constructed and installed
within the subdivision. Section D specifies how and when monies are to be released
back to the developer.
Please let me know if you are aware of any issues with the required subdivision
improvements. We have just received the first building permit application for the free
market portion of the subdivision.
Thanks.
cc: John Worcester, City Attomey
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Auqust 17,1996
I
IRREVOCABLE STANDBY LETTER OF CREDIT NO. SC 1984
AOVlSINGBANK: tof~ntof...PPLlCANT,
.
None Creek-stone Suilders, Inc:.
4545 Post O.k Place, Suite 100
HQuston, Tex;!.s 77027
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iII!aYO,olllENEAClARY; uploanlggregaluAMOUNTor
City of 1\.spen, Colorado US$310,672.00\Three Hundred
130 South Galena Too Thousand Six Hundred
Aspen, Colorado 81611 Seventy Two and No/lOa
1\.ttn: 1\.spen City Attorney U. S. Dollars)
John Wore."t.r EXF'lR't'OATE:
1\.u"ust 11 1999 ., M offi~
We tlerebyiM"" ",,,I,,,,.ooabIU Lelte,"fC,&dillnYOlJl Ie.", DRAWN ON scunlWEST BANK Of
~~L~BMBfl~A~~R~&A~y;-~, TX 77027
ANO BEARING THE CLlUSE
.D'a"'nWldarslluttiwealBanl<1I1T.....,N,..."Star>dbyL..tl&rQ1CrudliNo,~984 DllIed .lrr.Il'>'I'.1L-l9ga_,.
TO BE ACCOMP...NIED flY THE ORIGINAL OF THIS LETTER OF CREDIT "'NO THE FOLLOWING DOCUMENTS:
" A writt.n d'llI,Ilnd f~lIfIl th, City C1f Aspun, Colorado .hClwinq name and title ofthu
aiqnar, .tatinq as fO}!OW"
,'-.
,~(ll CU<9laton. h in defa\llt in tlw perfo.-m.nc~ Of it~ obll<litillll to conllt~uct
a~bdivisioll Ind 1~ndscsPill1 i~prov.m.nts ~n acco~d.nc. wit~ Sections C and D of
t~a SWxlhhioll ~n'Bl.nt C1r Mocklin SWxlivislon recorded J~ne H, 1996 at
,; RtIc.ptioIlNo. 393680 in the Offic. of the Cl.rk and Reco~d.~ of Pitkin Co~nty.
Colorado, alld,
'" S~ch d.fo~~t ho' r'lISill,d ~Ilc~~,d fOf . psriP<1 C1t at 'hut " day' teHewing
writt.n IlQt~c. Qf d.t.~tt trom the Ci~y to Cnekstolle,N
Sp.ci.l Conditional " ;~~
'.'t.." ~ . " ~;'<
r<"~
"")'.}~ A. P~rti.l ,dr,w~~<ll ptlrlllitted. <;
,~,
., This Lett.r of Crsdit .hall be a\ltom4ticallY ~xtelldad tor an additional pe~iod
C1f On' y.ar tr~ the' pr,s'llt or ..ch f~tur' expi~stion date ~nlel' we have
Ilotit~ed the City of Asp'll, ill w~itillg, Ilot lesa thall 60 days befClre s~ch
.xpir.tioll date, t~t w. .lect not to ~sllew I~ch Lltte~ of C~edit. O\Irnotice
Of aunh .l.ctioo Ihill b. a.nt bY c.~titisd mail, .-at~rn ~Bcaipt nlquusted, 0'
rad.r.l ~pr.llr tCl the City of Asp.n, Att'1)tiolll City of AlIpen, 1\ttentioll'
City Attc~n.y, 130 So~th Gal.lla Str..t, Asp"ll. Cdondo 81611
,. Southwest Balik of Texal, N.II., ~epresallt. alld w.r~~llts tCl the city of Aspell
that it hn t~ll '\Ithority Illd power to iss~e this L~tte~ of C~edit to the City
of ASpSIl, in the total amount alld for the putiod ot time stated he~eill; said
.I~thofity beillg ,p\l~lI~'llt to the law. of th. Ullited Statel, or th~ State o~
T.rrito~y whiCh qov.~na thu uatablishmllllt ~nd req~l~tioll of So~thweat !lank of
..", ,:,T<9..', N.A" .nd So~th....t Balik ot Tal<4S, 11,1<.'. Cha~ter, by-laws and othe~
appliclbl. ~\I1as .nd ~e9ulation. adoptad the~.to. Should it be nllccesa,y tor
"~h. Citt,C1t Aap.n to tile lI~it'ln III Iffo~t to 'Ilfo~c~ t~ill I~~.vocable Latt.~
'.; of Cr.~ t, So~thwI.t Bink ot Ta~al, ,N,A_, ha~.by waival III venue ~ighta Slid
.ub=it to tha ju~illdiction ot the Oist~ict cou~t ill alld tOf the County of
Pitkin, Stat, Qf Colorado.
...u.......................................................................
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U....lIt OIherwlH lI><P<8H1y atated. 1"'0 cre<l~ I. I\lbj"'" Ie lh. 'UnlIOfm CullOml and F'l'acUCI 10' OOaimant.vy C,.dill" al li,"dl>~ ttle 1<>1..,.
l'IlItIoollICl\amb"'OICommarc.lIlllffacl&liOllhadat~ofls:wancllhl<rtl<>~tx:t' (1993 REVISIctO) Ice PUBLICATION 00. 500.
WE HEREBY ENGAGE WITH YOU, THAT ALl OAAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE lERMS OF TillS CRE.DIT
WilL BE DUlY HONORED, If' ORAWN AND PRESENTt:O FOO PAYMENT AT OUR OFFICE IN HOUSTON, TEXAS ON OR BEFOOE THE
EXPlRATIONDATEOFTHISCREDH,
OOO,....'.,>!\I1l
Southwes~ Bank of Tvxas. N,A, tW 2!u
~Af[fr{r-P;fPL~rtd:
."af?~'-H.\mI1~1G~. '''' (-.1"', '"..1,.,.1 <\"1'
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l'XIIII'iT A
-.....---
EXHIBIT A
1'.~Kt:EI. A:
---
A trilct o( l~nd sJtu~t"d In the Soothwest I,; of 5eet1<", 7. TownshJp 10 South,
HOllIe B~ West of the 6th Princ~pal Meridian, morep"rticulilrly described ~s
(ollows;
Uq;lr1ldng at u point 'whcnC':c the r.cntcr ~ cnrner of SCC"tJOI\ 7, "0\J11Hhip 10 South,
Itilll!:" ~~ Wcst..o( tilt: bth I'rlnrlpal Herldlan, bears N S~057':'~" I:: 1042.6~ reet;
thellee 5 170-!.1'JO" r:, J~7.~~ (eet;
th,,"e-c S Hy02D'00" Ii 1~1.~6 (eet;
tllt'nce 5 000',0'20" W IHY.~Y fect;
t lu.:nc(.' S H<J. 20' 00" E HI,. ()4 r ct: t ;
tl"'IlI,:e S J)0]1'27" E "i77.)', (eet;
th"'H:e N 5600l'IW' W 1>1.12 feet;
tIU,'.lCC N o/.o4y'45" \.I J03.50 fct:l:
tIH'I\<'~C N 72000'UO" OW 100.OJ ft:~t;
lh"llre N 7~o05'OU" W 5(J.25 fcet;
thL"Iwt.. N Hl "')7'00" \J JOO.OO ft::cc;
thl'nee N 700'55'00" W Y~. 72 feet;
lh"nce N 48000'2J" W 100.12 feet;
thence N 270S1'~8" E ',O'..~8 feet to the point of bel;lnning.
I'AKt:l::L B:
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A tract of land situa'ted in the NEI:; of the S~ of Sect ion 7. Township 10 South,
Kange 8~ West of the 6th Principal Meridian, more fully described as follows;
Beginning <It a point whence the center ~ corner of said Section 7 bears N ~So,28'51"
E 9,.8.~S feet;
Thence N 00040'00" E 2~.8~ feet to a point on the southwesterly right of way
of l.one I' J ne RO<ld;
thence along sald right of way 105.56 feet "long the arc of a curve to the right
hudnl; l! radl',s of 25b.76 feet and whose chord beurs S 27018'07" E 10~.82 .feet;
Theile" 5 JS"Jl'27" E 127.21 fe"t along said rIght or wilY;
thence N 8y020'00" W 8~.6~ feet;
thence N 000~O'20"r: 189.89 feet to the point of bel;innJng.
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~&/14/9& ~9:17A PG 12 OF 21
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03/07/96DA TE
SANITARY SEWER IMPROVEMENTS
SCHEDULE "A"
BANNER
~~. ~-
EXHIBIT C
MOCKLlN SUBDIVISION
INFRASTRUCTURE IMPROVEMENTS
ENGINEER'S OPINION OF PROBABLE COST
ITEM DESCRIPTION
----------------------------------------- ------------------------------ --------------------------------------------------
TOTAL
QUANTITY
UNIT
UNIT PRICE
------------------------------- ------...---------- ----------------------------------------------
Mobilization
8" SDR 26 PVC
4' Dia. Manhole
4" PVC Service
8"Service Connection
Saw-Cut Existing Asphalt
RemoveExisting Asphalt
Remove Existing Curb and Gutter
Replace Existing Curb arid Gutter
Replace Existing Asphalt
Aggregate Base Course
Televise Sanitary Sewer
Engineering Inspection
Traffic Control
1 LS
462 LF
6 EA
6 EA
6 EA
50 LF
20, SY
80 LF
80 LF
4 TON
18 TON
462 LF
1 LS
1 LS
$1,000.00
$30.00
$2,200.00
$1,500.00
$40.00
$1.10
$4.~0
$3.00
$14.25
$48.00
$18.00
$1.50
$4,500.00
$3,200.00
$1,000.00
$13,860.00
$13,200.00
$9,000.00
$240.00
$55.00
$90.00
$240.00
$1,140.00
$192.00
$324.00
$693.00
$4,500.00
$3,200.00
Sub-Total
------------------------------- -------------------------- ---------------------------------------------
$47,734.00
WATER IMPROVEMENTS
SCHEDULE "B"
ITEM DESCRIPTION
....----------------------------------------- ------------------------- ----------------------------------------------------------
TOTAL
QUANTITY
UNIT
UNIT PRICE
-------------------------------- -------------------------- --------------------------------------------------
Mobilization
Saw-Cut Existing Asphalt
Remove Existing Asphalt
Replace Existing Asphalt
Aggregate Base Course
8" Hot Tap Sleeve and Valve
8" Wet Tap & Valve
8" D.I.P.
Fire Hydrant Assembly
8" Gate Valve
8" Bend
1" Copper Service Connection wI Tap
1" Blow-off
Traffic Control
Inspection Fees'
1 LS
60 LF
50 SY
12 TON
16 TON
1 EA
1 EA
512 LF
2 EA
1 EA
6 EA
6 EA
1 EA
1 LS
1 LS
$1,000.00
$1 .1{1
$4.50
$48.00
$18.00
, $2,700.00
$4,500.00
$32.00
$3,200.00
$625.00
$150.00
$1,700.00
$750.00
$3,200.00
$3,000.00
$1,000.00
$66.00
$225.00
$576.00
$288.00
$2,700.00
$4,500.00
$16,384.00
$6.400.00
$625.00
$900.00
$10,200.00
$750.00
$3,200.00
$3,000.00
Sub-Total
--------------------------------- -------------------------- -----------------------.-----------------------------
$50,814.00
393680
06/14/96 09: 17A PG 16 OF 21
03/07/96DATE
BANNER
..., .' 1 "DllJlljlIllM.....
---------------------------------------------------- ~._------------------------------------------------------------------------
COST SUMMARY
SCHEDULE
TOTAL
---------------------------------------------------- ---------------------------~-----------------------------------------------
SANITARY SEWER LINE
"A"
$47,734.00
WATER LINE
liB"
$50,814.00
SUBDIVISION ROADWAYS AND
PARKING AREAS
"e"
" $43,474.00
PRIVATE UTILITIES
"0"
$61,280.00
DRAINAGE IMPROVEMENTS
"E"
$12,738.00
---------------------------------------------------- ---------------------------------------------------------------------------
TOTAL
$216,040.00
NOTE: TAP FEES HAVE NOT BEEN INCLUDED IN THE ABOVE PRICES
393680 06/14/96 09:17A PG 19 OF 21
03/07/96i..JA I t::
SUBDIVISION ROADWAY AND PARKING AREAS
SCHEDULE "C"
----------------------------------------- -----------
BANNER
-
--------------------------------------------------------------------
TOTAL
ITEM DESCRIPTION
ESTIMATED QUANTITY
----------------------------------------------------------------------------------------------------------------------------
Mobilization
Clearing and Grubbing
Unclassified Excavation
FiJI
Aggregate Base Course
Hot Bituminous Asphalt
Signage
Concrete Sidewalk
Aggregate Base Course
Hard Surface Walk
1
1
500
560
450
320
1
2325
62
1
UNIT
UNIT PRICE
$700.00
$3,200.00
$2,500.00
$3,360.00
$6,750.00
$12,800.00
$250.00
$9,300.00
$930.00
$3,684.00
Sub-Total
--------------------------------------------------------------------------------------------------------------------------
$43,474.00 '
LS
LS
CY
CY
TON
TON
EA
SF
TON
LS
$700.00
$3,200.00
$5.00
$6.00
$15.00
$40.00
$250.00
$4.00
$15.00 '
$3,684.00
NOTE: Revegetation including placement of topSOil on road cut/fill areas has been included in the iandscape
cost estimate.
PRIVATE UTILITIES
SCHEDULE "0"
ITEM DESCRIPTION
QUANTITY
------------------------------------------- ------------------------- -----------------------------------------------------
TOTAL
UNIT
UNIT PRICE
----------------------------------------- ------------------------- --------------------------------------------------
Mobilization 1 LS $1,000.00 $1,000.00
Joint Trenching 1165 LF $14.00. $16,310.00
Holy Cross Contract 1 LS $15,500.00 $15,500.00
US West Comm. Contract 1 LS $6,640.00 $6,640.00
KN Energy Contract 1 LS $2,200.00 $2,200.00
Street Light 6 EA $2,700.00 $16,200.00
Street Light Electrical Service 490 LF $7.00 $3,430.00
Sub-Total
-------------------------------------------------------------------....----..---------------..-----------------..---------------
$61,280,00
393680
06/14/96 09:17A PG 17 OF 21
03/07/96DATE
DRAINAGE IMPROVEMENTS
SCHEDULE "E"
BANNER
'IIl'J4'" rrT ~
ITEM DESCRIPTION
--------------------------- ----------------... -----------------------------------------------
QUANTITY
----------_.._---------..;.------------- ---------
Mobilization
6" CMP
12" CMP
18"CMP
Rip-Rap End Section
1 000 Gallon Drywell
Type 2 Curb and Gutter
Aggregate Base Course
6'V-Pan wi Fillets
UNIT UNIT PRICE TOTAL
---- ------------------------------------------------
1 LS $700.00 $700.00
25 LF $20.00 $500.00
49 LF $22.00 $1,078.00
75 LF $28.00 $2,100.00
5 EA $125.00 $625.00
2 EA $3,200.00 $6,400.00
60 LF $14.25 $855.00
12 TON $15.00 $180.00
20 LF $15.00 $300.00
Sub-Total
----------------------------- --------------------------- ---------------------------------------------------
$12,738.00
393680
06/14/96 09:17A PG 18
OF 21
, s- 'VlfZF-
INCORPORATED
March 1, 1996
Mr. Sunny Vann
Vann Associates, Inc.
230 W. Hopkins
Aspen, CO 81611
RE: Mocklin Subdivision
Dear Sunny,
Pursuant to your request I have prepared the following cost estimate for the proposed
landscaping at the above referenced project. These costs are based on 1996 contract unit
prices adjusted for inflation to 1997. The Mocklin Subdivision Landscape Plan dated
March 1, 1~ has been used as a basis for this estimate.
1. 13 Cottonwood, 2-3" caliper @ $250/ea:
2, 21 Aspen, 2" caliper@ $150/ea.
3. 9 Dogwood, 5 gallon @ 35/ea.
4. 12,000 s.f seed@ . 12/s.f
5. 111 yards topsoil @ 30/yd
6. 12,000 s.f finish grading @ .04/s.f
Total
$3,250.00
3,150.00
315.00
1,440.00
3,330.00
480.00
$11,965.00
If you have any questions or comments or should you require further infonnation please
do not hesitate to contact me.
Sincerely,
'-e(J(~
Thomas G. Stevens
393680
06/14/96 09:17A PG 20 OF 21
312 E, Aspen Airport Business Center, Aspen, Colorado 81611
(303) 925-6717 FAX: (303) 925-6707
February 20, 1996
SunnyVann
Vann Associates
200 East Hopkins
Aspen, Colorado 81611
RE: Mocklin Property Easement
Dear Sunny:
Thank you for contacting RFT A in regards to a transit easement on the Mocklin
property adjacent to Lone Pine Drive. After our sight visit to the existing RFT A stop, it
appears that there is adequate space available within the current right of way for the
construction of a bus shelter. This is based on the assumption that the area 15 feet back
from the existing curb is in the public right of way. Should this be the case, RFTA would
not need an easement for the installation of a bus shelter.
Since you are considering the installation of street lights and sidewalks along
Lone Pine Drive, with careful planning you could provide a great service to the residents
of the neighborhood at no additional cost to your client. If the spacing of your proposed
street lights could be done so that one is strategically located near the existing stop, it
would greatly improve the safety of those people using the bus stop at night. Second, if
you could have the contractors responsible for the sidewalks and street lights contact
RFT A prior to construction, RFT A would like to discuss the possibility of installing
conduit and pouring a pad while they are doing the initial construction. It could provide
a substantial savings for the Agency.
-
Once again, thank you for contacting RFTA. Your willingness to work with
RFTA is greatly appreciated. If you have any questions, please feel free to give me a call.
Sincerely, '
t""'^\ ()~<.
Kenny Osier
Director of Maintenance
39368121
cc: D, Blankenship
D. Michaelson
1216/14/96 1219:17A PG 21 OF 21
51 Service Center Drive A~pen, Cnlmado 81611 . Tel: 970-920-1905 Fax: 970;920-2864
,
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MEMORANDUM
TO:
Stan Clauson, Community Development Director
Mitch Haas, Planner~ APPRO\JED
Mocklin Subdivision Insubstantial Plat Amendment. Parcel LD.
No. 2737-073-23-001. JU" 12 \998
June 10, 1998 . O?h\ill1D\Rt;C1OR
COI.II.IUtllT'i~~t>.S~ .___.
SUMMARY: The applicant, Creekstone Builders, Inc. (represented by Vann
Associates), is requesting approval of an Insubstantial Plat Amendment to the Mocklin
Subdivision, which is located adjacent to the intersection of Gibson Avenue and Lone
Pine Road. Two amendments are requested: first, the subdivision's sanitary sewer plan
has been revised to eliminate the necessity for lift stations on Lots 1 and 2; and second,
the applicant would like to revise one of the plat notes (effectively revising one of the
original conditions of approval) in order to eliminate a conflict with another condition.
These two requests are elaborated upon below,
FROM:
RE:
DATE:
Community Development staff recommends approval, with conditions, of the
requested Insubstantial Plat Amendment for the Mocklin Subdivision. Referral
comments from the Engineering, Environmental Health, and Parks Departments as well
as the Aspen Consolidated Sanitation District are attached as Exhibit B.
APPLICANT:
Creekstone Builders, Inc., represented by Vann Associates,
LOCATION: Adjacent to (at) the intersection of Gibson Avenue and Lone Pine Road.
ZONING: R-15A (Lots 1-6 and access road) and AH-l/PUD (Lot 7)
CURRENT LAND USE: Lots 1-6 are vacant, and Lot 7 contains a multi-family
residential structure.
PROPOSED LAND USE: Detached, single-family residential on Lots 1-6; deed
restricted (affordable) multi-family housing on Lot 7.
BACKGROUND: The Mocklin Subdivision was approved by City Council Ordinance
Number 35, Series of 1995. A final plat, access road plan and profile, grading and
drainage plan, sanitary sewer plan, water plan, private utilities plan, landscape plan, and
subdivision agreement were recorded with the Pitkin County Clerk and recorder on June
14, 1996. The Subdivision is still undeveloped and maintains vested property rights
status through September 11, 1998. The applicant intends to begin construction of the
Subdivision's infrastructure upon completion of this requested Insubstantial Plat
Amendment.
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STAFF COMMENTS: In order for this proposal to qualify as an Insubstantial Plat
Amendment, the request must comply with Section 26.88.050(A), which reads as
follows:
A. Insubstantial amendment. An insubstantial amendment to an approved plat or
between atijacent subdivision plats may be authorized by the Community
Development Director. An insubstantial amendment shall be limited to technical or
engineering considerations first discovered during actual development which could
not reasonably be anticipated during the approval process, or any other minor
change to a plat which the Community Development Director finds has no effect on
the conditions and representations limiting the approved plat.
RESPONSE: The request to amend the plat in order to allow for a superior sanitary sewer
plan involves modifying the utility plans that were recorded as part of the plat. The
design of the sanitary sewer plans will need to be reviewed for compliance with the
Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications
before they can be approved. The contractor for development of the on-site system will
need to be approved by the District and be qualified to work in a Superfund Site. The
District will require easements for future maintenance and repair of the on-site system,
and said easements must be granted according to standard District form, including a
requirement that said easements be indicated on the revised plat.
The second reason for the requested amendments pertains to an apparent conflict between
conditions 4,g. and 5,b. of Ordinance Number 35, Series of 1995, which granted approval
of the Mocklin Subdivision, Condition 4.g, required that the Subdivision Plat contain a
note prohibiting development and/or disturbance outside of the designated building
envelope in order to protect the natural landscape, but the installation of native vegetation
for landscape purposes was specifically exempted from this condition. This condition
was memorialized as plat note number 3. on the recorded final plat.
The conflicting condition, number 5.b. of Ordinance Number 35-95 requires that the
Subdivision comply with the Institutional Controls which have been adopted by the City
for the Smuggler Mountain Superfund Site. This condition is memorialized in paragraph
E.2. ofthe Mocklin Subdivision Agreement.
The apparent conflict between these two conditions arises from the fact that compliance
with the adopted institutional controls requires that all disturbed soils or materials that
contain lead concentrations of 1,000 parts per million or greater be removed from the site
or disposed of on-site in a manner consistent with the controls and acceptable to the
'Aspen/Pitkin Environmental Health Department. In addition, contaminated soils which
are not disturbed must be remediated (i.e., covered with at least one foot of
uncontaminated soil) in order to obtain a "clean bill of health" from the EP A. Portions of
the Mocklin Subdivision located outside of the designated building envelopes contain
contaminated soils, Thus, site remediation requires work, other than native landscaping,
to take place outside of the designated building envelopes; hence, the conflict.
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To address this conflict, the applicant requests an insubstantial plat amendment to revise
plat note number 3, in order to permit such disturbance outside of the designated building
envelopes as is reasonably necessary to comply with the institutional controls and to
obtain EP A certification that all contaminated soils have been remediated,
While the Mocklins were aware that their property was located within the Smuggler
Mountain Superfund Site, the extent of the required remediation had not been determined
at the time the Subdivision was approved, Also, the requested revisions to the approved
sewer plan were, at the time of the approvals, thought to be the best way of providing
sanitary sewer service to the affected lots.
The applicant has committed that, while disturbance outside of the designated building
envelopes would be required, they will limit the disturbance and associated removal of
vegetation to the minimum required to comply with the institutional controls and the
recommendations of the AspenlPitkin County Environmental Health Department, and to
obtain EP A certification. Existing vegetation would be preserved to the extent feasible
and all disturbed areas would be revegetated with native species. The applicant has also
stated that they will submit to the Environmental Health Department a fugitive dust
control plan and a construction and soil disturbance plan which adheres to the
institutional controls as required by condition number 5,b. of Ordinance 35-95 and
paragraph E.2, of the Mocklin Subdivision Agreement. The applicant has also committed
to, after the soil remediation activities are completed, limiting all building construction to
within the designated building envelopes, as originally approved, and to limiting all road
and utility construction to within the right-of-way and easements depicted on the recorded
final plat.
RECOMMENDATION: Staff recommends approval of the Insubstantial Plat
Amendment for the Mocklin Subdivision with the following conditions:
1. All conditions of prior approvals, as described in Ordinance 35, Series of 1995 remain
in full force and affect as conditions of this approval, with the exception that condition
4.g. of said ordinance is hereby amended to read as follows:
"The final plat and plan shall include notes preventing future development,
including without limitatiou landscaping (other thau native vegetation), feucing,
patios, decks, hot tubs, and all other development outside of the building
envelopes to protect the natural landscape; however, disturbance of areas
outside of the designated building envelopes as is reasonably necessary to
comply with the Institutional Controls, and to obtain EP A certification that all
contaminated soils have been remediated shall be pennitted provided the
applicant limits the disturbance and associated removal of vegetatiou to the
minimum required to comply with the Iustitutional Controls and the
recommendations of the Aspen/Pitkin County Environmental Health
Department, and to obtain EP A certification. Existing vegetatiou shall be
preserved to the extent feasible and all disturbed areas shall be revegetated with
native species, in accordance with a landscape plan that is reviewed and
approved by the City of Aspen Parks Department. After the soil remediation
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activities are completed, all building construction shall be limited to within the
designated building envelopes, as originally approved, and all road and utility
construction shall be limited to within the right-of-way and easements depicted
on the recorded final plat."
2. The revised plat shall indicate the limits of the existing trail easement, but shall not
show the "trail centerline," is the centerline tends to move from time to time; but is
always within the easement.
3. . The stairs at Gibson A venue must not be disturbed by any utility excavation or
installation, and any potential impact to the trail, stairs, or landscaping must be fully
coordinated with and approved by the City parks Department.
4, No trees shall be removed or relocated unless the appropriate permit(s) have been
issued by the Parks Department Forester. All trees shown to be preserved must have
construction or snow fencing placed around the perimeter of the drip line of the trees,
and no excavation or placement of fill shall occur within the driplines of these trees.
5. Prior to the issuance of any building permits, the sanitary sewer plans must be formally
reviewed and approved by the Aspen Consolidated Sanitation District (ACSD); the
cost of this review and subsequent construction observation shall be borne by the
applicant and the funds covering these costs must be placed in escrow with the District
prior to construction; the contractor for' the sewer work must be approved by the
District and qualified to work in a Superfund site; easements for the future
maintenance and repair of the on-site sewer system shall be granted according to
standard District form; a contractor's bond and insurance is required to guarantee the
system for a period of two years,
6. Any utilities to be placed in areas of fill shall meet the minimum depths for utility
measured from final fill and grading,
7. The applicant shall install streetlights concurrently with the installation of
infrastructure improvements.
8, Pursuant to Section 26.88.040(C)(4)(a)(20) of the Aspen Municipal Code, the applicant
shall install a survey range point monument, and it must be tied to the new City survey
grid.
9. All material representations made by the applicant in this application shall be adhered
to and shall be considered conditions of approval, unless otherwise amended by the
Community Development Director, the City Engineer, or a Board/Commission having
authority to do so.
EXHIBITS: Exhibit A - Application Packet; and, Exhibit B - Referral Comments
APPROVED BY:
~i9-~ (.,12.q~
Community Development Director
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MEMORANDUM
TO: Mitch Haas, Community Development
FR: John D. Krueger, Trails Coordinator, Parks Department
Date: June 2,1998
RE: Mocklin
After reviewing the plans we have on the proposed Mocklin Development, the Parks
Department would offer the following referral comments:
I. The "Trail Centerline" as represented on the drawings is not accurate. The trail was
recently reconstructed and located totally within the trail easements on both Mocklin
and the Lone Pine Subdivision. It does not exceed the trail easement as shown, The
stairs recently constructed are also located within the trail easements and seem to be
accurately reflected on the drawings.
2. Any construction, excavation, or development must respect the trail easement
agreement between the City and Mocklin executed in March of 1995. Any disruption
of the trail or landscaping associated with the trail must be fully restored. A
temporary trail or detour must be provided during any disruption, excavation, or
construction,
3. The stairs at Gibson Avenue must not be disturbed by any utility excavation or
installation.
4. Any potential impact to the trail, stairs, or landscaping must be fully coordinated with
the Parks Department.
5. Any tree removals or disturbances must be coordinated with the Parks Department
Forester and will be required to follow all applicable tree removal permits procedures.
6, Any revegetation efforts must be coordinated with the Parks Department.
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MEMORANDUM
To:
Mitch Haas, Planner
Nick Adeh, City Engin~<<
Chuck Roth, Project Engineer e"t:-
Thru:
From:
Date:
May 27, 1998
Re:
Macklin Subdivision Insubstantial Plat Amendment
The Development Review Committee has reviewed the above referenced application at their May
13, 1998 meeting, and We have the following comments:
1. Environmental Health - Tom Dunlop has met with the applicant concerning the interest in
removing all contaminated soils from the site which would require work outside of the approved
building envelopes, It was explained that two thirds of the site is contaminated, . The existing
aspen trees will remain undisturbed,
2. Aspen Consolidated Sanitation District - The District uses a qualified superfund contractor
services for their work in hazardous soils area, but Tom Dunlop said that this qualification is not a
state or local law requirement.
3, Streets Department - Any utilities to be placed in areas of fill should meet the minimum depths
for utility measured from final fill and grading,
4. City Electric Department - This project is outside of their service area, however they do
continue to receive complaints about insufficient street lighting on Lone Pine Road. The applicant
will install street lights along with the infrastructure improvements.
5. Parks Department - The centerline of the existing trail is not correctly shown on the plat map,
The applicant will need to work with the new City forester regarding tree plantings and
disturbances, The new Lone Pine Stairs may not be bored under for utility work.
6, Fire Marshal ~ Any buildings of more than 5,000 square feet must be sprinklered. When water
extensions and taps are considered, the fire suppression needs must be considered.
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7, Survev Ranl!:e Point Monument - The applicant is required to install a survey range point
monument (City Code g26.88,040.CA.a.(20). It must be tied to the new City survey grid.
8. Native Vel!:etation - The reason that building envelopes were designated was to preserve
existing native vegetation. See Section 3, Paragraph 4.g of Ordinance No. 35 (Series of 1995). The
applicant should be required to provide site plans and photographs of existing vegetation outside of
the approved building envelopes and to replace the vegetation in like species, sizes, and locations.
9. Bus Shelter Easement - See Section 3, Paragraph 6.b of Ordinance No. 35 (Series of 1995).
The final plat did not indicate an easement on Lot 6 for a bus stop. RFTA is planning to install a
bus shelter at that location, and an easement is greatly appreciated for a bus shelter.
10. Work in the Public Ril!:ht.of.wav - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks department (920-5120)
for vegetation species and for public trail disturbance, and streets department (920-5130) for
mailboxes, street and alley cuts, and shall obtain permits for any work or development, including
landscaping, within public rights-of-way from the city community development department.
DRC Attendees
Staff: Tom Dunlop, Mitch Haas, Rhonda Harris, Ed Van Walraven, Bill Earley, Ross Soderstrom,
Tom Bracewell, John Krueger, Jack Reid, Chuck Roth
98M122
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MEMORANDUM
To: Mitch Haas
Planner
.
From: ,Thomas S. Dunlop, Director a-...:JD
Environmental Health Department '
ASPEN' PIrKIN
ENVIRONMENTAL HEALTH DEPARTMENT
Date: Ma)' 22, 1998
Re: Mocklin Subdivision' Insubstantial Amendment
The Environmental Health Department,has met with the applicaht and reviewed the
proposed insubstantial amendment relative to soil removal at the M?cklin Subdivision.
The condition of approval requested by this offic() is as follows:
The l!Pplicant 'must comply at all times' with specific
conditions of the City of Aspen Institutional Contro~
Ordinance that ~regulates movement of soil within the
~muggler Mountai/l Superfund Site. '
1ur.macklin.doc
130 SOUTH GALENA STREET. ASPEN, COLQRADO 81611-1975 . PHONE 970.920.5070 . FAX 970.920.5197
Prinled on Recycled Paper
Tele. (970).925-3601
Sy Kelly. Chairman
Paul Smith. Treas.
Louis Popish. Secy.
(/f ~, G /" IL feS" ,'L ,L' n. L 'I
JlSj- 17 OnS01.l0aLeO' an.lLaaOn .ASEF.lC
565 North Mill Street
Aspen, Colorado 81611
May 12, 1998
, RECEIVED
MAY 14 1998
FAX #(970) 925-2537
Michael Kelly
Frank Loushin
Bruce Matherly, Mgr.
Mitch Haas
Community Development
130 S. Galena
Aspen, CO 81611
Aob't:N 11""1 l"K;l ~
COMMUNITY DEVELOPMENT
Re: Mocklin Subdivision plat amendment
Dear Mitch:
First and foremost, the on-site utility plan has riot been approved by the District. Detailed plans
need, to be submitted to our office/ engineer for review and, approval. The design of the system
must, comply with the District's rules, regulations and specifications which are on file at the
District office. The cost of the review and subsequent construction observation is paid for by the
developer. A construction schedule is needed to estimate the amount of observation time that will
be needed. Funding for the review and construction observation must be placed in escrow with
the District prior to construction. The Contractor for the On-site system needs to be' approved by
the District and qualified to wqrk in a superfund site. Easements for the future maintenance and
repair of the on-site system will be required and must be granted according to standard District
form.
Once the on-site collection system is reviewed, approved, and built, the system will be televised
by closed circuit camera, and then televised two years, later, at which time the system maybe
dedicated to the District forownership and maintenance. A contractor's bond and insurance is
required to cover the system during the two year period. Ifservices are to be stubbed out to
indiyiduallots, then the developer will be required to pay 40% of the total connection chargeS
estimated at maximum permitted build out. The feeis credited tothe rates in effect at the time
development is complete. If the stubbed service is not used, then the fee is forfeited and used by
the Districtto remove the stubbed service line and restOre the area.
Please call if you have ariy questions.
Sincerely,
&-c~~~~ 2;
Bruce Matherly
District Manager
EPA Awards of Excellence
1976. 1986. 1990
Regional andNatibnal
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VANN ASSOCIATES, LLC
Planning Consultants
May 4, 1998
VIA FACSIMILE
Mr. Stephen D. Keller
Creekstone Custom Homes, Inc.
4545 Post Oak Place, Suite 100
Houston, Texas 77027
Re: Macklin Subdivision Floor Area Calculations
Dear Steve:
The maximum allowable floor areas for the six single-family lots in the Macklin
Subdivision are summarized below.
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
4,284 Square Feet
4,348 Square Feet
4,578 Square Feet
4,607 Square Feet
4,716 Square Feet
4,693 Square Feet
The floor areas were calculated based on each lot's "lot area" as the term is defined in
the Aspen Land Use Regulations (copy attached). More specifically, each lot's gross
area was first reduced by the amount of any platted access easement located thereon.
Five of the six lots required this adjustment. The remainder of each lot was then
subjected to the City's slope reduction formula to arrive at "lot area" for floor area
calculation purposes. The R-15A zone district's floor area ratio (copy attached) was
applied to each lot's "lot area" to determine its maximum allowable floor area. The
floor area calculation process which I utilized was reviewed with the City's Zoning
Officer who confirmed the correctness of the methodology.
While the resulting floor areas are believed to be accurate, it would be prudent to
have the Zoning Officer review my calculations and also confirm'the resulting
numbers. I have asked Sopris Engineering to provide me with copies of their
easement and slope reduction data. Upon receipt, I will forward it to the City along
with my allowable floor area calculations. Hopefully, the Zoning Officer will review
the actual calculations and confirm the resulting floor areas. Please note, however,
that any confirmation the City might give at this time will undoubtedly be subject to
230 East Hopkins Ave, . Aspen, Coioraco 81611 . 970/925-6958 . Fax 970/920-9310
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Mr. Steven D.Keller
May 4, 1998
Page 2
further scrutiny and verification at the time the individual building permits for the
homes area requested.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
SV:
Attachments
cc: Arthur C. Daily, Esq. (w/attachments)
c:\bus\city.!tr~tr35997.sk4
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,
VANN ASSOCIATES, LLC
Planning Consultants
April 22, 1998
HAND DELIVERED
Mr. Mitch Haas
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Mocklin Subdivision Insubstantial Plat Amendment
Dear Mitch:
Please consider this letter an application for an insubstantial plat amendment to the
Mocklin Subdivision, which is located adjacent to the intersection of Gibson Avenue
and Lone Pine Road in the City of Aspen (see Exhibit 1, Preapplication Conference
Summary, attached hereto).
The application is submitted by Creekstone Builders, Inc, (hereinafter "Applicant"),
the prospective purchaser of the property (see Exhibit 2, Title Insurance Commit-
ment). Permission for Creekstone to submit the application has been granted by
Peter and Monica Macklin, the property's current owners (see Exhibit 3). Permission
for Vann Associates, LLC, to represent the Applicant and an executed application
fee agreement are attached as Exhibits 4 and 5, respectively.
Background
The Mocklin Subdivision was approved pursuant to City Council Ordinance 35 on
September 11, 1995 (see Exhibit 6). A final plat, access road plan and profile,
grading and drainage plan, sanitary sewer plan, water plan, private utilities plan,
landscape plan, and a subdivision agreement were recorded with the Pitkin County
Clerk and Recorder on June 14, 1996. While the Mocklin Subdivision has yet to be
developed, its vested rights status remains in full force and effect until September 11,
1998. The Applicant, however, proposes to commence construction of the Subdivi-
sion's infrastructure upon approval of the requested insubstantial plat amendment,
Proposed Amendment
Two amendments to the prior Mocklin Subdivision approval are requested. As the
attached letter from Yancy Nichol, P.E., of Sopris Engineering, LLC, indicates, the
230 East HopKins Ave, . Asoen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310
,
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Mr. Mitch Haas
April 22, 1998
Page 2
Exhibit 7), the Subdivision's sanitary sewer plan has been revised to eliminate the
necessity of lift stations on Lots 1 and 2. The revised sewer plan is superior to the
previously approved plan, and has been reviewed and approved by the Aspen
Consolidated Sanitation District, As the revised sewer plan deviates from the
approved plan, an insubstantial plat amendment is requested. Copies of both the
recorded sewer plan and the revised plan accompany this application,
The second amendment pertains to condition number 4.g. of City Council Ordinance
No. 35-95. This condition required the inclusion of a note on the final plat which
prohibits development and/or disturbance outside of the designated building enve-
lopes to protect the natural landscape, Please note, however, that the installation of
native vegetation for landscape purposes was specifically exempted from this condi-
tion. Although not specifically addressed, the installation of the Subdivision's access
road and required utilities are also obviously exempt, as specific plans and alignments
for these improvements were approved in connection with final plat approval. The
required condition appears as plat note number 3. on the recorded final plat, a copy
of which also accompanies this application.
Condition number 5.b, of Ordinance No. 35-95 requires that the Subdivision comply
with the institutional controls which have been adopted by the City for the so-called
Smuggler Mountain Superfund Site, This condition was imposed due to the Macklin
Subdivision's location within the boundaries for the site which were established by the
United States Environmental Protection Agency. The condition is also memorialized
in paragraph E.2, of the Mocklin Subdivision Agreement (see Exhibit 8).
In general, compliance with the adopted institutional controls requires that all
disturbed soil or material which contains lead concentrations of 1,000 parts per
million or greater be removed from the site or disposed of on-site in a manner
consistent with the controls and acceptable to the City's Environmental Health
Department. In addition, contaminated soils which are not disturbed must be
remediated (e.g" covered with a minimum of one foot of uncontaminated soil) in
order to obtain a clean bill of health from the EPA. These requirements and the
remainder of the adopted institutional controls are contained in City Council Ordi-
nance No. 25-94 (see Exhibit 9),
As the accompanying Contaminated Soils Map prepared by Sopris Engineering
indicates, portions of the Macklin Subdivision property located outside of the
designated building envelopes have been mapped by the EP A as containing contami-
nated soils. These soils must be either removed or remediated on-site to comply with
the adopted institutional controls and to obtain a clean bill of health from the EP A.
As compliance will require disturbance outside of the building envelopes, the
,
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Mr. Mitch Haas
April 22, 1998
Page 3
required remediation will arguably violate the requirements of condition number 4,g,
of Ordinance 35 and plat note 3, on the final plat. To address this apparent conflict
in the Subdivision's approval conditions, the Applicant requests an insubstantial plat
amendment to revise plat note 3, to permit such disturbance outside of the designat-
ed building envelopes as is reasonably necessary to comply with the institutional
controls and to obtain EP A certification that all contaminated soils have been
remediated.
Pursuant to Section 26.88.060 of the Aspen Land Use Regulations, the Community
Development Director may approve an insubstantial plat amendment based on
technical or engineering considerations discovered during actual development which
could not reasonably be anticipated during the approval process. While the Mocklins
were aware that their property was located within the Smuggler Mountain Superfund
site, the extent of the required remediation had not been determined at the time the
Subdivision was approved. The requested revisions to the previously approved sewer
plan also fall within the provisions of this section of the Regulations,
While disturbance outside of the designated building envelopes will obviously be
required, the Applicant will limit the disturbance and associated removal of vegeta-
tion to the minimum required to comply with the institutional controls and the
recommendations of the Environmental Health Department, and to obtain EPA
certification. Existing vegetation will be preseIVed to the extent feasible and all
disturbed areas will be revegetated, The Applicant will submit to the Department a
fugitive dust control, construction and soil disturbance plan which adheres to the
institutional controls as required pursuant to condition number 5,b. of Ordinance No,
35-95 and paragraph E.2. of the Mocklin Subdivision Agreement. In addition, the
Applicant will agree that all building construction will occur within the designated
building envelopes as originally approved, and that all road and utility construction
will occur within the right-of-way and easements depicted on the recorded final plat.
Upon receipt of the requested insubstantial plat amendment approval, the Applicant
will prepare and submit for recordation a revised final plat and sanitary sewer plan
depicting the amended plat note and revised sewer design, The recordation of these
documents will avoid future confusion with respect to the issuance of required
permits and subsequent purchasers' title insurance commitments. No revisions to the
previously recorded Mocklin Subdivision Agreement are believed to be required.
As the Applicant wishes to commence installation of the Subdivision's access road
and utilities in as timely a manner as possible, your prompt attention to this matter
would be sincerely appreciated,
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Mr. Mitch Haas
April 22, 1998
Page 4
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
cc: Stephen D, Keller
Arthur C. Daily, Esq.
Ronald Garfield, Esq.
c:\bus\city.app\app35997.amd
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EXHIBIT 1
CITY OF ASPEN
.
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
Mitch Haas, 920-5095
DATE: 4/21/98
PROJECT:
Mocklin Subdivision --- Insubstantial Amendment to Subdivision Development
Order
REPRESENTATIVE:
Vann Associates, Sunny Vann
230 E, Hopkins Ave.
Aspen, CO 81611
(970) 925-6958
OWNER:
Creekstone Builders, Inc.
4545 Post Oak Place, St. 100
Houston, TX 77027
(713) 621-5300
TYPE OF APPLICATION: Insubstantial Amendment to Subdivision Development Order
DESCRIPTION: The Mocklin Subdivision approval contained two conflicting conditions of
approval: one states that no disturbance to the site can occur outside of the
designated building envelopes, and another requires remediation of contaminated
soils on the site -- not all contaminated soils are within the designated building
envelopes, The applicant would like to amend the language of these conditions to
allow for soil remediation work outside of the designated building envelopes, Also,
the approved and recorded plat includes the utilities plans, and the utility plans
indicate the need to install pump stations on the sanitary sewer connections of two
of the lots; however, the new owners' engineer has figured out a way to meet
sanitation requirements without utilizing pump stations. Thus, the applicant also
seeks to amend the recorded plat by revising the utility plans accordingly.
Applicable land Use Code Section(s)
Section 26.88.060(A), Insubstantial Amendment to Subdivision Development Order;
Section 26.88.040(D)(2)(a), Final Plat requirements; and,
Chapter 26.52, Common Development Review Procedures.
Review by: Community Development Department and the Engineering Department.
Public Hearing: No.
Referral Agencies: Engineering, Enviro!UIl'1lJ.tal Health, and Sanitation.
Planning Fees: Planning Deposit ($450)
Referral Agency Fees: Environmental Health Minor ($155), and Engineering Minor ($110) !
Total Deposit: $71~ (additional planner hours beyond-the 3 covered by the deposit shall be billed at a
rate of $180/hour),
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,
To apply, submit the following information: (Also see Section 26.52.030, Application and Fees)
1, Proof of ownership
2. Signed fee agreement
3, Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development
Application.
5. Total deposit for review of the application
6. ~ Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = lIea.; Planning Staff= 2
7. An 8 y," by 11" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department
if the project is determined not to warrant a survey document.)
9. A written description of the proposal and an explanation in written, graphic, or model form describing how
the proposed development complies with the review standards relevant to the development application. Please
include and clearly indicate existing conditions as well as proposed.
10. List of the names and addresses of all adjacent property owners within 300', exclusive of public rights-of-
way, for public hearings.
11. Copies of prior approvals.
12. All other materials required pursuant to the submittal requirements packets.
In the event that you should have any questions regarding the foregoing, please do not hesitate to contact Mitch
Haas of the Community Development Department at 920-5095.
* The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are
based on current zoning and regulations, which are subject to change in the future, and upon factual
representations that mayor may not be accurate, The summary does not, in any way, create a legal or vested
right.
~~~-16-8e 08.35 FROM.HOLLANOHART
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10.8708274765
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PAGE 2/6
EXHIBIT 2
2.
1. Effective D&te: 10/24/~7 at 08:30 A,M.
~ POR TZTLZ ~
8Cb....uu.LE A
~licy or P011c~es to be isaueQ:
(a) ALTA OWNER 'S POLICY- FORM 1992
Case No. PCT123SSC3
J'-i'/ Y'J-K.a '
Amount~,eee,~~~o~
Premiums 3,497.00
RATE: st1.ll-nIVIDER
'.
Proposed Insured:
CR2EltSTONE BOILDERS, INe.
(h) ALTA LOAN POLICY - FORM 1992 Amount$ 3,500,000.00
P:t'emium$ 70.00
Proposed Insured: RATE: ~ANION
Sotl'l'mGsT BANK OF TEXAs, ITS SUCCESSORS AND/OR ASS!GNS
(e) A....l'A LOAN POLICY- FORM 1992
Proposed ~d:
PETER MoClI.IN ANtI MONICA M. MOCXl;.m
Amount$ 3,600,000,00
Premiums 3,172.00
RA'l'E:
3. Title to the est~te or intereet in the land described or referred
to in this Ccmmitment is at the effecti~ date hereof is ~B~ed in:
PETER MOcIa.IN and MONICA M. Mocn.:m
"
4. The land reJ::' to in this COllllllitlllent is situated in the Counties
of PITlCIN, S e of Colorado and is described as follows:
LOTS 1, 2, ,4, 5, 6, AND 7, MOC1cr.lN StJaDIVISION', aCCOrding to the i'la,:
thereof, recorded aune 14, 1996 in Plat BOOk 39 at Page 92,
PITKIN COUNTY TITIrP,:, INe,
601 E. HOPlCINs
ASPml, CO. 81611
970-925-1766
970-925-6527 FAX
AtlTHo~J:ZED AGENT
Sl;hedule A-PG.l
This CCllllI\itment is invalid
unl.ess the insuring
~rovisiona and Schedules
A and B are attached,
2-d
.IJo03-l cn::u:~ ~:n as, 9B &It:I
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~5:3S FROM:HOLLANOHART
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10,6706274765
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PACE
3/6
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SCb.ww.a B - 81:~ON 1
gOU~J:S
The following are the requirements to he complied with:
ITEM (It) Payment to or for the accQunt of the grantors or mortgagors
of the full considerar..ion for the estate or interest to be insu:-eci.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and dUly filed for record to-wit:
1. Deeci from': PET1;nt. MOCKLIN and MONICA M. MOcIa..IN
To : CREEXSTONE BUILDERS, INC.
NCT.Bt Evidence satisfactory to the Company as to the authority of the
person(.s) executing the above dOCUlIlent (s) must be provided, s\U)ject
to any additional :t'equirements deemed necessary,
2. Evidence satisfactory to the COIllpany that CREExsTONE BUILDERS,' me.
is It duly existing and valid corporation existing PUrsuant to the
laws of the State of , must be de~ivered to and
approved by the Company.
3. Deed of Trust frOll! : CREBI<sToNE BUIT,T\US, INC.
to the Public Trustee of the County of P!TlIN
for the use of : SOtn'!:IWi:sT BANK OF '.t'EXAS
to secure : $3,500,000,00
NOTE: The above Deed of Trust to .be a 1st tleed' of Trust; on two of the
lots to be insured hereunder, the two lots to be desisnated prior to
closing,
~Deed of 'I':r:ust from: CREEXsTom! Bt1ILDERs, INC.
to the Public Trustee of the County of l?J:'1'XI.N
for the use of : PE'l'a MOCXLIN AND MOHICA :II! _ JofOCIa:.IH
to secure ~$3,oOO,OOO.oo
5. Evidence satiSfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No, 20 (Series of 1379) and Ordinance
No. 13 (Series of 1.9.90) has been paid or exempted.
6. Certificate of nonfore1gn 8tatu8 &Xacuteci by the transferorcs}. (This
instrument is not required to he recordli!d)
." Completion of Fo.rm IlR 1079 regardi.ng- the witholc1ing of Colorado Tax
on the sale by certain persons, corporations and firms Selling .leal
Property in the State of Colorado, (This instrument is net required
to be recorded)
8. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to COUJ:l.ty ~8eSSor as ret;[l.l1recl. by H.B. 1288 has been cOlllplied
lilith, (This instrument is not ~ired to be rec::orc1ed, but must be
de~i.vered to and retained by the Assessors Office in the County in
which the property is sitUated)
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lH)3H a-13I~ t.I::ll>E:n 86, 90 ~
APR-16-ge 09,36 FROM,HOLLANoHART
I'....'
10,9709274765
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PACE
4/6
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sam.....a.t,E B sm:nOW 2
DCUT;Z;QIS
The. policy or policies to be issued will concain exceptions CO the
fOllowing unless the same are diSposed of to the saeisfaction of the
COlIIpany :
vf, Right of the proprietor of a vein or 10<1e to extrace or remove his
ore therefrom, shOUld the same I;)e found to penetrate or intersect
the premises hereby granted as reserved in United States Pate:!l.t:.
recorded December 24, 1902 in Book 5S at Page 116.
va. Terms, conditions, provisions ~d obligations as set forth in
Agreement, recorded November 18, 1960 in Book 224 at Page 220.
9, All right, title and interest in and to property located at a depth
below 500 feet .beneath the surface and including those portions of
c:'" 1 any and. all lateral extensions thereof f~ below such depth the
~ ',; . tops or apexes of which veins, lodes or ledges lie inside surface
7 'A" ocJtl.i boundary lines as retained by The Aspen Consolidated Mining Company
/1 in Deed recorded December 18, 1907 in Book 231 at Page 612.
~ Terms, ccmditions, provisions and. obligations as set forth in
~eement bel:.Wlt8n Peter Nocldin and City of Aspen Water Department,
?eo~ April 16, 1993 in Book 708 at Page 9l7,
~. ~erms, conditions, proviSions, obligations and all matters as set
forth in Ordinance No. 72, Series of 1992 by the Cil:.y Council of the
City of Aspen, recorded Decelllber 9, 1993 in Book 734 at Page 429.
+ . Rigll.t:ls = claims of parties in pas_sian =1: IIIlow.u :by !:he public ".,eord.lI.
2. Bas_ta, or clU1llS of US_tis, =t s!lcw:l :by tile pubJ.ic records,
3. D~ea, """''''icts iJl. bo=lla:y liDes, 8bortaga i:1 Uf;lll., ~ta.
;my lOll!:" whieh a =rreet =vey and iJ.\$pect:ion Of the Premises wou.1d c1iaclose
a1\l1 lorhieh are =ot shown :by the public reeords.
4. Any li~, or right to II lie, for se,rv:i.ces, lallor, or IlI&terla.l he=e~ore or
heredeer fu=iShed, imPosed by law am!. Il.Ot sllown :by the ~:Uc record.l;.
5. Detect:s, li_, EmClllllbrances, ~. claims or othar mattera, if a:I:J;y,
creat:at.i, fast appearing i:1 the pul:oUc re=1:ds or al::l:achizlg aUOaeque:t: t;<> the
effectire date hereof ~t prior to the elate t1le prcpcaed ~ed acqui:r:ea
of reCO::d. tor 'laJ.ue the est..u,e or interest or lllOrtgage l:hareon =-red by
this eommit:ment.
S. 'l'axas due. and ~le; and ~y t~, llP8<:ia.l a.lIsessme::l:, charge or lien imposed
for water or SelOe1' service or foX' any o~ sp$(!1al t~ cllacrict.
ua:
Terms:, conciitions, Provisions, obligations and all matters as set
forth in ReSOlution of the the City Council of the City of Aspen
recorded ~ch 24, :1.995 in Bock 777 a.t Page 1:1.4 as Resol1l.tion No. s.
Terms, conditions, P~oVisions, obligations and all matters as set
forth in Ox'dinance No. 35 f Series of 1995 by the ~en City Council
recorded. October 30, 1995 in Book 798 at Page 44 and record&ld
DeceMber ao, :1.995 in Book 802 at Page 165.
(Continued}
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APR-16-9S 09,3? FROM,HOLLANDHART
IO,9?092?4?65
PACE
5/6
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14/.' 'l'erms, conditions, provisions, obligaeio.n.s and all lllatters a.s set
vr- forth in SubQ!vision Agreement rec~ed June 14, 1996 as Reception
No. 393680,
y-~
Easements, rigl:lts of way and all matters as disclosed On MaClklin
Property Rezoning Map of subject p:t'Operey record.ed ~cember 9, 1993 in
Plat sook 33 at Page 39.
Basements. rights of way ana all llIiltters as ctiselosed on Macklin
SUbdivi.sion Plat of subjeClt property recorded June 19, 1996 in Plat
Book 39 at Page 92.
/5,
This commitment is ~nva.lid unless
the Insuring provisionJI and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCTt23SSC3
S'd
.1J.03.I iI'T.3I.Mol~ ~:n 86. 90 ~
APR-16-8a 08,37 FROM,HOLLANOHART
10,8708274765
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AlT
AXm:trIOIQL nrJ'OsarATJ:OllT
UD D%Sr:t.0SUR:2s
The Owner's Policy to be issued, if any shall ~ontain ~he fOllOWing
items in addition to the ones set forth above:
(1) 'rb-e Deed 01; Trust, if any, required under Sc:hectule B-Section J..
(2) Water rights, clailllS or title to Water. (NoTE: THIS EXCEI?'I'ION
W:rLL APPEAR ON THE OWNER I S AND Moa'l'GAGE POI.,ICY To SE IBStn;lD
HER!oNl:lER)
Pursuant to Insuranoe Regulation 89-2. ,
NOTE: Bach eitle enUty shall notify in writing every Prospective
insured in <In owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i} of '
that title entity'S general requirements for the deletioI1 of an
exception or exclusion to coverage relating to unfiled mechanics
or materialtneI1S liems, except when said coverage or in.:urance is
extended to the insured under the terms of the pOlioy. A
satisfactory affidavit and agreement indemnifying the COmpany
against unfiled mechanics' and/or Materialmen's t.iens executed
by the persons indicated in the attached copy of said affidavit
muat be fw:nished to the Company. Upon receipt of these items
anc1 any Oehers requirements to be specified by the Company upon
request, Pre~printed Item N1.IlIIber 4 may be deleted ft"Om the
Owner's policy when issued. Please contact the Company for
further information, lliotwil:hetanding the foregoing, nothiZlg
contaiIled in this Paragraph shall ),;)e deemeci to impose any
requirement U];lOtl any title insurer to provide lIIElChanics or
lIlal:erialmens lien coverage.
NOTE: If the Company condu\;:ts the 01!lners or loaIl closing under
oircumstances where it is %'esponsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provideci "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
(a) The SUbject Real Property may be looated in a Special Taxing
niserict;
(b) A Certifioate of Taxes Due listing each taxing juriSdiction
lllaY be obtained form the County treasurer of the Cou.nty
TreaSUrer' B Authorized Agent;
(c) Information regarding Special Districts andthlil boundaries of
such districts may tle obtained from the BOard of COtUl,ty
CommiSSioners, the County Clerk and Recorder, or the ~ty
Assessor.
NO'rS, A tax Certificate will .be ordered. ft"Om the COWlty TZ'eaSUrer by
the COlllpany and the cOsts thereof charged to the proposed iI1sured
unless written instruct10n to the contrary are receivec;i by the
oompany prior to the issuance of the Title Policy anticipated by
this Collll'llitment.
This commitment is invalid unless
the Insuring' Pt"OVi.sions and Sehednleos
A and B are attached.
Schedule B~Sectian 2
COllllllitment No, PCn2:3SSC3
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.l.I-O:;H lI13~ ~:tt as, 90 ~
PACE 6/6
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EXHIBIT 3
April 20, 1998
HAND DELIVERED
Mr, Mitch Haas
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Mocklin Subdivision Insubstantial Plat Amendment
Dear Mr. Haas:
Please consider this letter authorization for Creekstone Builders, Inc" to submit an
application for an insubstantial plat amendment for the Mocklin Subdivision, As the
prospective purchaser of our property, Creekstone and their representatives are
authorized to act on our behalf with respect to all matters reasonably pertaining to
the aforementioned application.
ere"l'
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EXHIBIT 4
April 20. 1998
HAND DELIVERED
Mr. Mitch Haas
Community Development Oepartmem
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Mr. Haas:
Please consider this letter authorization for Sunny Vann of Vann Assaciatc!I, LLC.
Planning Consultants, to represent us in the processing of Our application for an
insubstantial plat amendment for the Macklin SUbdivision which is located adjacent
to the intet>ec1ion of Gibson Avenue and Lone Pine Road in the City of Aspen.
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 !unher assistance, please do
not hesitate to call.
Sincerely,
CREEKSTONE BUILDERS, INC,
e:lb..\ci,y-llrlltr3S1197.Zll)11
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EXHIBIT 5
ASPENIPITKIN COMMti'NlTY DEVELOPMENT DEPARTMENT
Agreement fOr PaymelZi Of City of Aspen Invelopment Application Fees
(please PriDt Clearly)
I
ClTYOF ASPEN (heteinafterCITY) and ~~ ~ -C.i'~ A<.C:
(hereinafter APPLICANT) AGREE AS FOUOWS:, .
1. APPLICAAl' has submitted to CITY an application for L"AA- ~~-'1~
~~~Af'~~~,nmPROJECT).
2. APPLICANT UIldmtands and ~ that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee structUre for land lISe awlications and the payment of all processing fees is a
condition ~edent tQ a detern>;n~~on of application completeness.
3. APPLICANT and CITY agree that because of the size, natUre or sco~ of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing
the appiication. APPLICA,"-l l' and CITY further agree that.it is in the interest of the parties to allow
APPLICANT to tnalce payment of an initial deposit and to thereailer permit additional costs to be
billed to APPLICAJ.'iT on a monthly basis. APPUCA.NT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CITY when they
ate necessary as cOsts are in=ed. CITY agreeS it will be benefited through the greater ce:tainty of
recovering its full costs tD process APPLICANT'S application.
4. CITY and APPLICAl'iT further agree that it is impracticable for CITY sraff'to complete
processing or present sufficient information to !he Plaoning Commission and/or City Council ro
enabie the Plauuing Commission and/or City Council to malee legally required findings for pr~jeet
approval, unless cur.rent billings are paid in full prior to decision.
S. Therefore, APPLrCAJ.'iT agrees tha% in consideration oftbe CITY's waiver of ItS right to
collect full fees prior to a determination S' application completeness, APPLICANT shall pay an
initial deposit in the amount of~ which is for _ hours ofPI~ staff time, and if
~tual record.ed COsts exceed the initial deposit, APPLICA.'\'T sball pay additional monthly billings
to CIlY tQ reimburse the CITY for the prnCl:$ing of the application mentioned above, including
post approval review. . Such periodic payments shall be made within 30 days of the billing date.
APPLICAl'IT further a~s that failure to pay such accr.lli:d costs shall be grounds tor suspension
of prcx:essing,
CITY OF ASPEN
-~
Community Development Director
City of Aspen
APPUCA:.~T
~
PriDtedName: ~ /"6:(;~
Mailing Addnss: 1L~Sre::sr c?1'''f ~
~7iEf~
~~ "77427
Signature:
Date:
APR-24-1998 15:49
SOPRIS ENGINEERING
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EXHIBIT 7
a-pnI24,19981
SulUlY YaM
Vann Associates
230 E. Hopkins, Avenue
Aspen, CO 8161 I
RE; Mockhn Subdivision, Revised Sanitary Sewer and Contaminated Soils
SE Job No. 97024.01
Dear SWUly:
This letter comprises an engineering report for the sanitary sewer changes and. the contaminated soils within the Macklin
SubdiVIsion, which are different from the approved preliminary engineering drawings.
Sanitarv Sc!wer
The preliminary engineorlng drawings approved as part of the Macklin Subdivision required a lift station/sump pump to service
lots I and 2. SE was requested by Peter Macklin and the Aspen Consolidated Sanitation District (ACSD) to review the dcsi~n
of the sanitary sewer to determine if the sewer could be redesigned to serve each lot without a lift station/sump pump. We -
redesigned the sanitary sewer system so all the lots can be gravity feed to the existing sewer main including basements. The
redesign of the sanitary sewer would reqUire some of the easements to be relocated On the Macklin Subdivision Plat. I have
attached the revised sanitary sewer drawings. ACSD has seen and approved the revi.ed sanitary sewer design.
COr'lt<lminated Soils.
SE has prepared a Contaminated Soils Map which represents the areas within the Macklin Subdivision that has been determincd
by the Environmental Protection Agency (EPA) to be contaminated with lead concentrations of 1000 parts per million (PPM) or
greater. Some of the contaminated soils are outside of the building envelopes and ou.tside areas which will be disturbed by the
installation of the utilities. roads and driveways. The Ciry of Aspen adopted an ordinance No, 25 (institutional controls) which
govern the methods for cleanup of the contaminated soils. The contaminated soils either can be covered with a minimum of one
foot of non.conraminated soil or be removed from the sile to a licensed and authorized receiving facility, In both cases the
aIeas would need to be disturbed. It is preferred to clean up the contaminated soils on site. r would recommend that the
contaminated areas be leveled out and covered Wlth one foot of non:contamil1ated soil and re-Iandscaped,
If you have any questions Or need any additional information please call.
Sincerely,
SOPRIS ENGINEERING.
[z/!!
Project Engineer
1101 village road. suite UL-3B . carbondale, CO 81623 . (970) 704-0311 . lax (970) 704.0313
8.0PR.IS ENGINEERING · llC
,ivil ,onsultants
TOT~I P Vii
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I N' caR. P O'R. ATE 0 .
March 1, 1996
Mr. Sunny Vann
Vann Associates, Inc,
230 W. Hopkins
Aspen, CO 81611
RE: Mocklin Subdivision
Dear Sunny,
Pursuant to your request I have prepared the following cost estimate for the proposed
landscaping at the above referenced project. These costs are based on 1996 contract unit
prices adjusted for inflation to 1997. The Mocklin Subdivision Landscape Plan dated
March 1, I~ has been used as a basis for this estimate. .
1. I3 Cottonwood, 2-3" caliper @ $250/ea.
2. 21 Aspen, 2" caliper@ $150/ea.
3. 9 Dogwood, 5 gallon @ 35/ea.
4. 12,000 s.f. seed@ . 12/s,f.
5. 111 yards topsoil @ 30/yd
6. 12,000 s,f. finish grading @ .04/s,f.
Total
$3,250.00
3,150.00
315,00
1,440.00
3,330.00
480.00
$11,965.00
!fyou have any questions or comments or should you require further infonnation please
do not hesitate to contact me.
Sincerely,
m~
Thomas G. Stevens
393680
06/14/96 09:17A PG 20 OF 21
312 E. Aspen Airport Business Center, Aspen. Colorado 81611
U031925-6717 FAX: (0)) 925-6707