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Home My WebLink Aboutcoa.lu.an.Burlingame Vlg & Bar X.0073.2004Burlingame Vlg b Aar/X Ranch Annexation Case 0073.2004.ASLU �7<pNae-r�o -419 0 N City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0073.2004.ASLU Burlingame Village & Bar X Ranch Joyce Allgaier Annexation Joyce Allgaier CLOSED BY Amy DeVault 7L 3 THE CITY OF .ASPEN Memorandum To: Mayor and City Council Through: Steve Barwick, City Manager` From: Paul Menter, Director of Finance and Administrative Servi'sr`-�l Scott Newman, CFA, Senior Financial Analyst — Debt d Investment Management Date: 2/10/2005 Cc: Department Directors Re: Burlingame Fiscal Impact Analysis Summary: Finance Staff has compiled the estimated financial impacts of the proposed Bar/X — Burlingame Affordable Housing development (the development) to individual City funds. Based upon departmental estimates, the development will result in an annual cost increase of $409,272, for ongoing operations at build out, excluding expanded transportation service to the development and other areas. These costs will be offset by projected annual revenues of $601,877. Initial one time capital costs are estimated to be $711,460, excluding transportation, and will be offset by projected one-time revenues of $1,101,360. All revenue and expenditure amounts are estimated at build out of the project and are presented in current year dollars. Attachment A provides complete information regarding these estimated impacts. A detailed transportation plan is attached. The recommended transit and mobility plan for the first phase of Burlingame Village would also significantly improve transit service along the under -served Highway 82 corridor on the west side of town. The estimated annual operating cost of the recommended plan would be $508,196 and estimated annualized capital replacement costs would be $96,400. The total cost per year for the recommended transportation plan is $604,596. Staff recommends that this annual amount be funded through 2009 by a one-time contribution of $2 million from the Housing Development Fund. The Burlingame Project Development Team is planning the Village to physically accommodate whatever level of transit service is provided. Four bus stops will be provided in Phase I to maximize residents' convenience. Road widths and turning radii are sufficient 0' February 10, 2005 for transit vehicles of all sizes from vans to motor coaches. Initial one time capital costs, associated with providing transportation service to the development and other areas are estimated to be $1.14 million, plus the $200,000 included in the project pro forma for the developer to provide the bus stops and shelters. The attached Transportation Department memo provides complete information regarding these estimated impacts. Finance Staff has not estimated any potential increases to transportation revenues pending the discussion of the associated larger policy issues. Background: At the October 25, 2004 meeting, Aspen City Council chose a design submitted by Shaw Construction for the proposed Bar/X — Burlingame Affordable Housing development. Shaw Construction will be the general contractor for this project. Phase I construction is scheduled to begin in 2005. The development plan calls for 196 units to be built in three phases over the coming years. Methodology: Community Development and Finance Staff facilitated a meeting of City Department heads to request information on how the proposed Bar/X — Burlingame Affordable Housing development would affect their departments. Finance Staff met with all departments, analyzed all requests and compiled the final estimates summarized in Attachment A. Discussion: • General Fund: General Fund Departments estimate the development will increase General Fund expenditures by $179,296 annually. This will be offset by an increase in revenues of $221,032 annually. The majority of the annual increase in operating costs will come from the Streets and Police Departments. The Streets Department has analyzed its plowing operations, has creatively redesigned its plowing routes and is requesting only additional equipment. Estimated call volume justifies an increase of 0.6 of an additional police officer based upon existing workload and Police Department service capacity. General Fund requests are summarized on page 2 of Attachment A. One time General Fund capital costs of $230,000 are projected for Street Department vehicles, as estimated by departmental staff. The development plan includes approximately $350,000 in permitting and other fees payable to the Community Development Department. These revenues are not incorporated into the attached fiscal analysis. These fees constitute one time revenues to the General Fund that will offset all associated plan review and inspection costs, which are also excluded from the attached fiscal analysis. Page 2 of Attachment A provides more detail regarding projected General Fund fiscal impacts. Parks and Open Space Fund: Parks Staff estimates the development will require an increase in Parks and Open Space Fund expenditures of $54,965 annually. The majority of this increase is due to trail maintenance and plowing, administration and depreciation. Offsetting revenues of $49,895 from increased sales taxes are projected. Additional detail can be found on page 3 of Attachment A. 2 February 10, 2005 One time Parks and Open Space Fund capital costs of $51,000 will be necessary to increase the Parks fleet of vehicles and provide for other capital items, as estimated by departmental staff. Additional detail can be found on page 3 of Attachment A. There is no corresponding revenue offset for parks capital development as related to this development. The parks impact fee has been paid through the donation of land to be preserved as open space. Wheeler Opera House Fund: Finance Staff anticipates that the development will have no effect on Wheeler Opera House operating expenditures. However, the associated property transfers will have the effect of increasing collections of the Wheeler's portion of the Real Estate Transfer Tax by $130,000 through build out, and $39,286 in annual collections thereafter (assuming 13%, or 1/7th unit turnover annually). • Lodging Tax Fund: Finance Staff anticipates no financial impact to the fund. • Parking Improvement Fund: Sales tax revenue of $8,316 is projected. There is no anticipated expenditure impact to the fund. Housing Development Fund: The Housing Development Fund will pay for the development. The net cost to the fund will be dependent upon final Council decisions regarding amenities, construction costs and the final sales category levels applied to constructed units. Currently the subsidy associated with this project is broadly estimated at $7 million. Estimated increases in annual sales tax revenue total $8,233 at build out. The HRETT is not applicable to the affordable housing aspect of this development. The HRETT associated with the lot sales and free market home sales are estimated to be $250,900, initially and $35,843, annually at build out, assuming 13%, or 1/7 h unit turnover annually). Additional detail can be found on page 7 of Attachment A. • Day Care Fund: Daycare Staff anticipates an increase in demand for services and funding and that additional revenue should offset any additional expenditures. Estimated increases in annual sales tax revenue totals $6,736 at build out. Water Utility Fund: Utility Department Staff estimates that providing service to the development will increase Water Utility Fund expenditures by $160,161 annually (including depreciation). Water sales and charges will offset these additional expenditures by $149,680, annually. Additional detail can be found on page 5 of Attachment A. Utility Department Staff estimates capital spending for infrastructure will be $430,460 in year one and will be offset by tap fees. Additional detail can be found on page 5 of Attachment A. Electric Utility Fund: Utility Department Staff indicate that it is premature to estimate electric revenues and expenditures, at this time. Revenue and expenditure February 10, 2005 estimates could vary by as much as 50% depending on the final design of the system, which has yet to be determined. Utility Department Staff is very confident that electric revenues will offset expenditures necessary for providing service to the development. Housing Administration Fund: Housing Administration recently added a new position. This position will be responsible for the application and sales processes associated with the development and all future service increases associated with this project. It is estimated that these duties will represent one-third of this position's workload and the associated cost will be $14,850, annually. These costs will be offset by revenues from purchase applications, application fees and other related fee services estimated to initially be $290,000 at build out and $82,857 annually (assuming a 2% sales fee and 13% unit turnover annually), thereafter. Additional detail can be found on page 6 of Attachment A. In total, with the exception of the transportation services challenges noted above, this fiscal analysis projects that the service levels and cost increases associated with serving the new Burlingame subdivision can be absorbed in the City's long range financial plans for each impacted fund. 4 Attachment A City of Aspen BAR X/ Burlingame Annexation Financial Summary - NOTES REVENUE: One Time Estimated Annual Amount Ongoing Estim. Annual Amount Asset Management Plan Total Estimated Revenue Impacts $ $ No Impact General Fund: - Total Estimated Revenue Impacts 221,032 Property Tax, Population Based Fees, Util/CATV Franchise Fees, Permit Fees, Development Fees Parks and Open Space Fund Total Estimated Revenue Impacts 49,895 1.5 % Sales Tax.for Parks and Open Space Wheeler Opera House Fund Total Estimated Revenue Impacts 130,000 39,286 RETT Lodging Tax fund Total Estimated Revenue Impacts - No Impact Parking Improvement Fund Total Estimated Revenue Impacts - 8,316 0.25 % Sales Tax for Parking Structure Housing Development Fund Total Estimated Revenue Impacts 250,900 44,076 Sales tax / RETT on Free Market only Day Care Fund - Total Estimated Revenue Impacts 6,736 0.45 % Sales Tax for Day Care (45%.) Water Utility Fund Total Estimated Revenue Impacts 430,460 149,680 Tap fees, Water Sales, Fees, Etc. Electric Utility Fund Total Estimated Revenue Impacts - Utility Staff anticipates revenues to offset expenditures Transportation Improvement Fund Total Estimated Revenue Impacts - - Addressed Separately Housing Administration Total Estimated Revenue Impacts 290,000 82,857 Administrative TOTAL REVENUES: $ 1,101,360 $ 601,877 EXPENDITURES One I Ime Estimated Annual Amount Ongoing Estim. Annual Amount NOTES Asset Management Fund $ $ - No Impact GENERAL FUND ALL DEPARTMENI 230,000 179,296 Personnel, equipment and depreciation spread through GF Departments Parks and Open Space Fund 51,000 54,965 Trail Plowing and Maintenance, Administration, Vehicles and Playing Field Wheeler Opera House Fund No impact Lodging Tax Fund No Impact Parking Improvement Fund - No Impact Housing Development Fund No Impact Day Care Fund Daycare Staff anticipates revenues to offset expenditures Water Utility 430,460 160,161 Administration, Hydrant Maintenance, Treatment and Supply, Billing; Tiehack, AABC, and Bar/X to Burlingame Village Connections, highway 82 Crossing and Rio Grande Well. Electric Utility - - Utility Staff anticipates revenues to offset expenditures Transportation Fund - Addressed Separately Housing Administration 14,850 Administration LL FUNDS TOTAL EXPENDITURES 711 460 409.272 Annual Over/(Short): $ 389,900 $ 192,605 Page 1 CITY OF ASPEN ANNEXATION IMPACT ANALYSIS 'BAR X/Burlin ame Annexation Fund: General Fund Department: Multiple Departments Description One Time Amount Ongoing Annual Amount Justification/Basis Revenues Property Tax $ - $ 69,312 Per Estimated Assessed Value, Current Rate Finance - 58,285 Utilities/Cable Franchise Fees 52,000 Estimated 1 % increase in Retail Sales County -wide Clerk - 3,997 Population based Increases Streets - 32,438 Population based Increases ARC - 5,000 Pass, program sa es, a F. Total Revenue Impacts $ - $ 221,032 Expenditures Police - 49,964 .6 FTE Streets 230,000 56,766 Additional Equipment, road maintenance Other Departments - 72,566 Total Expenditure Impacts: $ 230,000 $ 179,296. Page 2 CITY OF ASPEN ANNEXATION IMPACT ANALYSIS "BAR X/Burlingame Annexation Fund: Parks and Open Space Department: Parks Department Description One Time Amount Ongoing Annual Amount Justification/Basis Revenues Total Revenue Impacts $0 $49,895 Expenditures Operating $0 $39,365 Plowing, Maintenance and Administration Vehicles $51,000 $0 Fleet Additions Playing Field $0 $0 Depreciation $0 15 600 Trail and irrigation. Not vehicles. Total Expenditure Impacts: $5i,0001 $54,965 Operating impacts include: Snow Plowing, Maintenance, Vegetation Management, Open Space Administration, Community Forestry Administration, Parks and Rec/CommDev Permit Compliance, Equipment and Vehicle Maintenance, Page 3 CITY OF ASPEN ANNEXATION IMPACT ANALYSIS 'BAR X/Burlin ame Annexation Fund: Wheeler Opera House Department: Wheeler Opera House Description One Time Amount Ongoing Annual Amount Justification/Basis Revenues RETT $130,000 $39,286 Total Revenue Impacts $130,000 $39,286 Expenditures . Total Expenditure Impacts: $0 $0 RETT estimate based upon 0.5% tax rate on $26 million value of free market real estate transactions through build out. Page 4 CITY OF ASPEN ANNEXATION IMPACT ANALYSIS "BAR X/Burlingame Annexation Fund: Water Utility Department: Utilities Department Description One Time Amount Ongoing Annual Amount Justification/Basis Revenues Water Sales, demand, fire charges, variable sales $0 $149,680 Tap Fees $430,460 $0 Total Revenue Impacts $430,460 $149,680 Expenditures Administration $0 $27,403 Hydrant Maintenance $0 $6,338 Treatment and Supply $0 $22,563 Distribution and Pumping $0 $16,263 Utility Billing $0 $50,127 Tiehack connection (included in AMP) $88,900 $0 Rio Grande Well (included in AMP) $115,500 $0 Highway 82 Water Line Crossing $38,100 $0 AABC Connection $76,200 $0 Bar/X to Burlingame Village Connection $111,760 $0 Depreciation $0 $0 Tiehack connection included in AMP) $0 $1,482 Rio Grande Well (included in AMP) $0 $1,925 Highway 82 Water Line Crossing $0 $635 AABC Connection $0 $1,270 Bar/X to Burlingame Village Connection $0 $1,863 Capital Expenditures -Developer Costs $00 JqQ 292 Total Expenditure Impacts: $430,460 $160,161 Program budget areas include administration, hydrant maintenance, treatment and supply, distribution and pumping, and utility billing. Expected percentage increase in each of the above areas (respectively) are 6.2%, 8.1 %, 4.4%, 3.5% and 10.6%. Expected cost increases for each of the above programs (respectively) is $27,403; $6338; $22,563; $16,263; and $50,127. The total cost annual cost increase is expected to be $122,694. Tap fees and well development charges will offset capital expenditures for the water plant (including land payment), raw water collection system and common elements of the water system. During the build out period, tap fees are expected to be $1,209,000 in each year (totaling $4,836,000 based on estimated 700 ECUs). Well development fees (applicable to Bar/X only) are expected to be $10,000 per year in each of the four year build out period (totaling $40,000). L;apital expenses are broken into a number of subcategories. I ffe-s-e—in-cTudd_ea percentage of selected capital charges that are already in the AMP and are necessary to serve these projects. An example of this category is the well expansion at Rio Grande which will provide a portion of the increased firm water yield to add the water demand to our system. A second category of capital expense are those that are not included in either the City's AMP or in the development proposals. An example of this category is the required water line connection to the Airport Business Center. For this connection a percentage of the costs assigned based on the ECU value for the area to be annexed pro -rated to Service Area 6 (west of Maroon Creek) ECU data. The last category is developer provided infrastructure that won't need an appropriation but does need to be considered in depreciation and replacement calculations. ,Depreciation -Assumes Straight line depreciation, No salvage value and a 60 year useful life Page 5 CITY OF ASPEN ANNEXATION IMPACT ANALYSIS 'BAR X/Burlin ame Annexation Fund: Housing Administration Department: Description One Time Amount Ongoing Annual Amount Justification/Basis Revenues 2% Sales Fee $ 290,000, $ 82,857 Total Revenue Impacts $ 290,000 $ 82,857 Expenditures Payroll $0 $14,850 Recent hire Total Expenditure Impacts: $0 $14,850 Sales impact fee of 2% on sales of $29 million. 50% will be waived with initial sales. Page 6 CITY OF ASPEN ANNEXATION IMPACT ANALYSIS 'BAR X/Burlingame Annexation Fund: Housing Development Department: AMP/Housing Development Description One Time Expense Annual Amount Ongoing Expense Annual Amount Justification/Basis Revenues Housing RETT - Free Market only $250,900 $35,843 Housing Sales Tax L 8 233 Total Revenue Impacts $250,900 $44,076 Expenditures Total Expenditure Impacts: $0 $0 HRETT estimate based upon 9 lot sales worth $1.29 million and 13 free market home sales worth $26,000,000. HRETT is calculated on value of real estate greater than $100,000 at 1.0% tax rate. Page 7 TO: Mayor and City Council FROM: Transportation Department, John Krueger and Lynn Rumbaugh THRU: Randy Ready, Assistant City Manager DATE: February 1, 2005 RE: Burlingame Village Phase One - Mobility Options Summary This memorandum proposes a recommended transit and mobility plan for the first phase of Burlingame Village that would also significantly improve transit service along the Highway 82 corridor on the west side of town. The employee housing areas that would be served by the recommended transit improvements include 1108 residents at the following developments: Truscott (293 residents), Country Inn (43 residents), Burlingame Seasonal and Maroon Creek Club Employee housing (285 residents), Annie Mitchell Homestead (43 residents), the North Forty (144 residents) and the estimated 300 residents of Burlingame Village Phase I. This corridor on the west side of town is not well served by transit. Even though all valley buses travel through the corridor, arrival times are widely variable at the end of a long -haul route that begins in Glenwood Springs due to weather, road conditions and congestion levels. The estimated annual operating cost of the recommended plan would be $528,196 and estimated annualized capital replacement costs would be $96,400. The total cost per year for the recommended plan would be $624,596. For purposes of the Burlingame Village Financial Impact Report, the approximately $20,000 in annual operating costs for extension of the transit route from Burlingame to the AABC have been deducted, resulting in an annual Burlingame service cost of $604,596. The Burlingame Project Development Team is planning the Village to physically accommodate whatever level of transit service is provided. Road widths and turning radii are sufficient for transit vehicles of all sizes from vans to motor coaches. While this memorandum deals with the transportation needs assessment and financial impacts, a funding plan is being developed that will include proposed revenue from the Housing Development Fund; Homeowners' Association, user fees for some proposed elements, and future contributions from the Transportation Fund. The Transportation Fund is currently experiencing annual budget challenges and will be the subject of additional City Council work sessions in the near future. Staff recommends that the annual cost of Burlingame transit service be funded through 2009 by a one-time contribution of $2 million from the Housing Development Fund. The staff recommendation includes fixed -route transit service with flexible hours and frequencies to be based upon resident usage patterns, along with supplemental transportation alternatives to accommodate residents' needs during off-peak times or when fixed -route transit will not work for specific trips. A key feature of the recommended plan is its flexibility and ability to respond to future phases and increases in transit demand. The transit component will substantially improve the reliability and convenience of transit not only for Burlingame, but also for all of the other properties along the corridor, with 15 potential bus stops between Burlingame Village and Rubey Park. Background To preserve Aspen's environment and small-town character, the Aspen community has directed the City of Aspen to maintain traffic volumes at 1993 levels in perpetuity as stated in the Aspen Area Community Plan. In keeping with this goal, the City has implemented a comprehensive Transportation Demand Management program that includes paid parking, free and frequent transit, carsharing, outreach and marketing. This award - winning program has been successful to date — even as Aspen and down valley communities have experienced tremendous growth. The Aspen community has also made environmental quality a priority, adopting programs that have significantly reduced traffic and improved air quality. Aspen City Council also adopted the Ecological Bill of Rights, which emphasizes the importance of clean air. Since traffic is the primary source of particulate pollution in Aspen, the most important way to maintain good air quality is to keep traffic levels stable. Aspen's Land Use Code also strives to ensure that developments do not have pernicious effects on air quality. Historically, Aspen residents will use commute alternatives when provided. For example, 2000 census figures show that almost 12% of Aspen residents use transit to commute to work, compared to 4.6% nationwide and 20% walk compared to 3% nationwide. Overall ridership on local Aspen routes rose by 0.8% in 2004. The Transportation Fund is currently operating with a structural deficit. Aspen's 2005 transit service plan is budgeted at $3,326,195.00. This service is funded via Aspen's share of the 1% Transit Tax collected by Pitkin County as well as a portion of the 1 % bed tax. Both of these funding sources are experiencing an upswing as of 2004. However, RFTA operating costs continue to increase annually at a rate that outpaces the growth of City service funding sources. With current service levels and revenue generation scenarios in place, the Transportation fund is projected to reach deficit position by 2007. Staff will return to Council in the near future to discuss potential solutions to this problem. Discussion With the development of Burlingame, Aspen continues to strive toward housing more of its workers locally, reducing vehicle miles traveled. The Burlingame Housing project will be built in three phases. Phase One will encompass 97 units: 14 one bedroom; 29 two bedroom; 43 three bedroom; and 11 building lots. It is estimated that these units and lots will house approximately 300 residents. City Council has chosen to make this development a model of green building and environmental sustainability. A major component of this process is the establishment of a mobility plan that mitigates the potential for increased traffic congestion or PM-10 pollution by connecting Burlingame residents to all of Aspen's amenities without requiring them to drive. The Transportation Department has developed three mobility options for Burlingame Phase One, with the objective of making it possible for residents to live without a car or to avoid the need for more than one household vehicle. Shaw Construction has been chosen as the developer of Burlingame project. Staff has worked closely with Shaw and RFTA on the development of these plans, incorporating their elements into the street design and community layout. Staff has also collaborated with the Environmental Health department on to determine options that best mitigate PM-10 impacts. It is important to note that staff also aims to provide improved transit services to more than 800 additional residents at other employee housing developments including Truscott, MAA/Burlingame, Aspen Country Inn, Annie Mitchell Homestead and the North Forty. In 2002, City staff contracted with LSC Transportation Consultants to perform an evaluation of the existing local transit system as well as an analysis of potential service change alternatives. In their final report, LSC noted that, "unserved and underserved areas include the Truscott housing development, Aspen Country Inn, the Burlingame employee housing development, the Maroon Creek Club employee housing development, the Airport Business Center and the Pitkin Country Airport. " Therefore, the costs associated with the attached transportation plans should not be wholly attributed to the Burlingame development, but rather distributed among the numerous housing developments between the roundabout and the Airport Business Center. Financial Implications: The following mobility options are not currently funded in the Transportation budget. Staff recommends that the annual cost of the Burlingame transit service be funded through 2009 by a one-time contribution of $2 million from the Housing Development Fund. All estimated costs quoted in the plans are based on 2005 dollars and 2005 RFTA service rates. Potential funding sources include housing development funds, homeowner's association dues, user fees, parking charges and future contributions from the transportation fund. Staff will return to Council in the near future to discuss this and other transportation funding issues. Attachments: Attachment A: Option 1, Recommended Plan Attachment B: Option 2, Enhanced Transit Plan Attachment C: Option 3, Connection Focused Plan Attachment D: Proposed transit route Attachment E: Cost Summaries Attachment A Option 1 — Recommended Plan This plan would provide residents with a variety of mobility choices including transit, carsharing, on -demand service and a choice of personal mobility equipment. This plan is recommended for its provision of a wide variety of options including transit service that can be expanded, as demand and further development require. 1. Seasonal Fixed -Route Transit: Fixed route transit would be provided using three new low floor vehicles. Service in the spring, summer and fall seasons would be available during peak periods in the morning and afternoon, with increased service in the winter when other modes such as walking and biking are not as convenient for many residents. Service Area: Rubey Park to Truscott, Country Inn, Buttermilk, MAA, Burlingame Village, and Airport Business Center Spring/Summer Fall Hours: 30 minute service from 6:00-9:00am and 3:00-6:OOpm only Winter Hours: 30 minute service from 6:00-9:OOam and 3:00-6:OOpm, 60 minute service all other hours until 2:00am Operating Cost: $194,301 spring/summer/fall and $255,895 winter Total annual cost of $450,196 Capital Cost: $990,000 for 3 diesel buses*, $61,000/annually for replacement, assuming 50% federal match for bus replacements 2. On -Demand Service: On -demand taxi service would supplement peak -only transit service during the spring, summer and fall seasons. This would provide equal access to timely service for residents who do not work a typical peak hour shift as well as provide an emergency ride home feature. Service would be available on demand between Burlingame and downtown Aspen or the ABC from 9:OOam-3:O0pm and from 6:00pm- 2:00am. Homeowners and the City would share the costs of this service. The estimated cost per year is $46,000 to be divided between the City, the Homeowner's Association and individual users. 3. Carsharing: An extension of the Roaring Fork Valley Vehicles carshare program would provide residents with access to private vehicles when needed. Transportation staff recommends the purchase of three vehicles for Phase One. All households would be assessed a $10 monthly administration fee for the program to offset the operating costs of the vehicles. After securing memberships, residents would pay the standard RFVV hourly and per mile charges based on use. The purchase of three additional vehicles would cost $45,000 ($15,000/ea) for standard cars or $75,000 ($25,000/ea) for hybrid vehicles. In addition, $15,000 per year would be needed for vehicle operation and $10,400 would be set aside annually for capital replacement of the three *Two buses in operation, plus one spare. Three hybrid electric buses could be purchased for $1.8 million 4 standard vehicles after a five-year span ($17,400 for hybrids). The expansion of the RFVV fleet to eight total vehicles would require additional staff time for fleet management and back office duties. It is suggested that a '/4-time staff person be added at a cost of $15,000 annually. An upgraded reservations system is also recommended for a one-time cost of $3,000. 4. Mobility Allowance: A trial mobility allowance program could be implemented to provide residents with additional options for connecting to the Buttermilk bus stop or walking or bicycle riding into town. This program would provide $1,000 to each unit for the purchase of scooters, bicycles or other approved items that would facilitate a connection to trails or transit. Alternatively, the funds could be provided to the homeowners' association for the purchase of community items such as a bike fleet or a vanpooling vehicle. Purchases would be coordinated through City staff to ensure that funds are used only for appropriate items. Staff suggests that the housing development fund provide this allowance every four years to replace items, or to allow new residents to participate for the first time. 5. Paid Parking: The Burlingame development will provide 1.5 spaces per unit, or approximately 145 spaces in Phase One. To serve as a further auto disincentive and to assist with annual funding of operations, staff recommends that some form of paid parking be instituted. For example, each unit could receive one parking space as part of the purchase price, with additional spaces sold for an annual fee. If each of the 48 spaces available (after one is provided to each unit) were sold for a $75 monthly fee, $43,200 would be raised for the funding of transportation options. This amount would fund the majority of annual operational costs for three carshare vehicles. 6. Public Information: Public information programs will be necessary to ensure that all residents are aware of their transportation options. A move -in packet detailing this plan would be provided to all residents. Transportation kiosks would be installed in high -traffic areas such as the community center. Transit schedules and other marketing pieces would be printed for Burlingame residents as well as other neighborhoods receiving new transit services. 7. Pros and Cons: This plan would provide several benefits including: ■ Increased transit service to employee housing residents during winter season, when valley routes tend to be less reliable ■ Expandable peak -period transit service during spring -summer -fall, with frequent valley bus service available at Buttermilk at other times of day ■ Dial -a -Ride options for those whose schedules do not fit into transit schedules • Carshare and personal mobility options for other trips ■ Easy transition to add more (or less) transit service as demand requires ■ Interchangeability of off-peak bus service into town or van service to Maroon Creek Road ■ Paid parking for more than one space/household provides true price signals about the cost of driving Drawbacks to this plan include: ■ Seasonality of service creates less consistent schedule that may affect ridership ■ Limited fixed route service in spring/summer/fall months ■ Idea of mobility allowance is untested ■ Dial -a -ride options have been difficult to promote at other employee housing developments 9. Estimated Costs: Option 1 -- Recommended Plan Element One -Time Annual Annual Operating Replacement Transit $990,000 $61,000 $450,196* On -Demand 0 $0 $46,000 Carshare $48,000 $10,400 $30,000 Allowance $97,000 $25,000 $0 Public Info $5,000 $0 $2,000 Total $1,140,000 $96,400 $528,196 *This cost includes $20, 000 to provide transit service to the AABC. This $20, 000 cannot be attributed to the development of Burlingame village. 0 Attachment B Option 2 -- Enhanced Transit Plan This plan would substantially enhance Aspen's local transit system, providing improved service to a variety of employee housing residents including Burlingame homeowners. A carshare program would allow for personal vehicle trips when needed. In general, this plan is preferred by the Environmental Health Department for its potential to even further reduce PM-10 pollution and traffic congestion through consistently improved transit options, with less seasonal variability. 1. Fixed -Route Transit: Fixed route transit would be provided using three new low floor transit vehicles. The cost to purchase three diesel vehicles is $990,000 ($330,000/ea), with hybrid vehicles increasing the cost to approximately $1.8 million ($600,000/ea). Service could operate 365 days per year from approximately 6:00am to 2:00am with reduced hours in the spring and fall in keeping with other City services. Alternatively, service could operate on a peak/non peak schedule with reduced frequency during hours of lower ridership. A. Peak / Non Peak option Service Area: Rubey Park to Truscott, Country Inn, Buttermilk, MAA, Burlingame Village, and AABC Service Hours: 30-min from 6-9am and 3-6pm, 60 minutes remainder of day, year- round Operating Cost: $676,818 annually Capital Cost: $990,000 ($330,000 each), $61,000 annually for replacement, assuming 50% federal match for bus replacements B. 30-minute service option Service Hours: 30 minute service from 6:00am-2:00am, year-round Operating Cost: $1,040,694 annually 2. Carsharing: An extension of the Roaring Fork Valley Vehicles carshare program would provide residents with access to private vehicles when needed as outlined in the Recommended Plan. 3. Paid Parking: Staff recommends that paid parking be instituted at Burlingame as outlined in the Recommended Plan. 4. Public Information: Public information efforts would be undertaken (see Recommended Plan). 5. Pros and Cons: This plan would deliver a variety of benefits including: • Decreased headways for riders traveling between Aspen and the AABC ■ Decreased pressure and less local stops on valley routes. ■ More reliable transit service year-round for approximately 1108 employee -housing residents 7 ■ Potential to serve proposed Buttermilk and Inn At Aspen redevelopment ■ Carshare vehicles for Burlingame residents Drawbacks to this plan include: ■ High annual operating costs ■ Unproven level of demand for off-peak fixed -route transit service that may be unnecessary at least for Phase I ■ Overall reduced menu of alternative transportation choices for residents Transportation staff recommends Option I over this plan because the recommended plan provides flexibility and a greater menu of alternative transportation choices, with transit service hours that can be adjusted over time as future phases of construction are completed or as conditions change in the corridor. 7. Estimated Cost: Option 2 — Enhanced Transit Plan (peak/non-peak) Element One -Time Replacement Annual Operating Transit $990,000 $61,000 $676,818' Carshare $48,000 $10,400 $30,000 Public Info $5,000 $0 $2,000 Total $1,043,000 $71,400 . $708,818 Cost: Option 2 — Enhanced Transit Plan (30 minute) Element One -Time Replacement Annual Operating Transit $990,000 $61,000 $1,040,694`* Carshare $48,000 $10,400 $30,000 Public Info $5,000 $0 $2,000 Total $1,043,000 $71,400 $1,072,694 *This cost includes $32,000 to provide transit service to the AABC. This $32,000 cannot be attributed to the development of Burlingame Village. **This cost includes $46,000 to provide transit service to the AABC. This $46,000 cannot be attributed to the development of Burlingame Village. 0 Attachment C Option 3 -- Connection Focused Plan This plan would connect Burlingame residents to existing RFTA valley services via the Buttermilk and roundabout transit stops. This plan is not recommended by Environmental Health or Transportation Departments. 1. Scheduled van service: This service would make use of RFTA 15-passenger shuttle vehicles to provide a circulating service from Burlingame to Buttermilk and the Roundabout. Connections at Buttermilk would provide service to downtown Aspen or downvalley, with roundabout connections serving the Castle/Maroon area (and town if desired). Providing this service with one van every 20 minutes for 20 hours daily, 365 days per year would cost approximately $326,000 annually. Capital costs would total approximately $150,000 for two 15-passenger shuttle vans. 2. Bike Storage: Bike lockers located at Buttermilk would allow Burlingame residents to bike to this transit connection and store their bicycles for the day. This would be helpful during winter months when bike racks on buses aren't available, and in the summer when they are often fully utilized. Bike lockers cost an estimated $1500 each (per one bike). 3. Paid Parking: Paid parking would be implemented as outlined in the Recommended Plan. 4. Public Information: Staff would implement information programs (see Recommended Plan). 5. Pros and Cons: This plan would provide the following benefits: ■ Connecting Burlingame residents to downtown Aspen via a transfer at Buttermilk or the Roundabout with frequent service throughout the day ■ Connecting Burlingame residents to destinations along Maroon Creek Road via a transfer at the Roundabout ■ Reduced costs compared to other plans The main drawbacks to this plan include: ■ Lack of convenient transit and carshare options ■ At least one transfer would be required for residents to get to their ultimate destinations ■ The schedule variability of the valley buses at this point in the corridor compounds this option's inconvenience and disincentive to use transit ■ This plan provides no service improvements to Truscott, Country Inn, MAA/Maroon Creek Club, North Forty or Annie Mitchell Homestead residents This plan is not recommended at this time except as a potential off-peak and/or off-season service alternative depending on resident demands and travel patterns. If rail service or much more reliable bus service via a Bus Rapid Transit (BRT) system in the valley is implemented, the drawbacks to this option may be able to be 9 overcome and this connection -focused alternative could become a very cost-effective and convenient transit service that could capture as many trips as the other alternatives. 7. Estimated Cost: Option 3 — Connection Focused Element One -Time Annual Replacement Transit $150,000 $26,500 Bike Lockers $9,000 $0 Public Info $5,000 Total $164,000 $26,500 10 Operating, $326,593 $0 1 000 $327,593 Rubev Park To East End To Centennial Attachment D Proposed Burlingame Transit Route To Highlands Schools Truscott Country Inn Main Street Roundabout / Kiss & Ride To Cemetery Lane Buttermilk AABC MAA Seasonal/ Maroon Creek Club 1 JtOps „ Main street stops,-xounclabout, 1 ruscottUountry Inn, Buttermilk, MAA/Maroon Creek Club, Burlingame Village, AABC, Airport 11 Attachment E Mobility Plan Options -- Cost Summaries Option 1 -- Recommended Plan Element Transit On -Demand Carshare Allowance Public Info Total One -Time $ 990,000 $ 48,000 $ 97,000 5,000 $ 1,140,000 Replacement $ 61,000 $ 10,400 $ 25,000 $ 96,400 Option 2 -- Enhanced Transit (peak / non -peak) Plan Element Transit Carshare Public Info Total One -Time $ 990,000 $ 48,000 $ 5,000 $ 1,043,000 Replacement $ 61,000 $ 10,400 $ 71,400 Option 2 -- Enhanced Transit (30 minute) Plan Element Transit Carshare Public Info Total One -Time $ 990,000 $ 48,000 $ 5,000 $ 1,043,000 Option 3 -- Connection Focused Plan Element Transit Bike Lockers Public Info Total One -Time $ 150,000 $ 9,000 _$ 5,000 $ 164,000 Replacement $ 61,000 $ 10,400 $ 71,400 Replacement $ 26,500 $ 26,500 Annual Operating $ 450,196* $ 46,000 $ 30,000 $ 2,000 $ 528,196 Annual Operating $ 676,818** $ 30,000 _$ 2,000 $ 708,818 Annual Operating $ 1,040,694*** $ 30,000 $ 2,000 $ 1,072,694 Operating $ 326,593 $ 1,000 $ 327,593 *This cost includes $20, 000 to provide transit service to the AABC. This $20, 000 cannot be attributed to the development of Burlingame Village. **This cost includes $32, 000 to provide transit service to the AABC. This $32, 000 cannot be attributed to the development of Burlingame Village. 'This cost includes $46,000 to provide transit service to the AABC. This $46,000 cannot be attributed to the development of Burlingame Village. 12 Preparing the Burlingame Village & Bar/X Ranch Annexation Impact Report... Burlingame Village Affordable Housing Assumptions: 280 units of AH housing OS 2+/- miles new road, curb, gutter, sidewalk/trails � Y 2-5 bus stops (/"�^'' `"'�"'/ "�i public water & sanitation utilities sp fire hydrant & related infrastructure storm water management facilities public recreational amenities (currently no "public recreation programming" is allowed on any playing field -this may change) The population -accommodated by this development (many likely to be intra-city transplants) is expected to be around 895. t No Dogs, cats allowed Public services expected to .serve the development-admin., police, com dev, utility WAbilling, finance, animal control, etc. Bar/X Ranch Free Market Development Assumptions: 12 free market units (7,500-10,000 sq. ft.) 12 accessory dwelling units (600-1000 sq. ft.) 1 Ranch Manager's Dwelling-3,000 sq. ft. 1 Cabin 1,500 sq. ft accessed by funicular or stairway -city released of emergency 4 units currently on Fathering Parcel (size can be increased and split between the 4 units can go up to 15,000, if one goes over 4,000 an ADU is required). Cultural facility meeting space, teaching space, teacher residerices, possible meeting space/auditorium (size and density unknown-private/non-profit limitations) Private roads Public water, sanitation, utilities and services Connected to city storm water system No Dogs (except if for ranching purposes), cats. allowed Cattle grazing Public services expected to serve the development-admin., police, com dev, utility billing, finance, animal control, etc. . J October 26, 2004 1___7 /I Dear Paul: Paul Mentor City of Aspen Aspen, Colorado 81611 Our office has been approached to draft an Impact Statement regarding the pending Burlingame project. Frankly, we are unsure how to quantify the issue, given that we provide emergency service to 87 square miles of Aspen and Pitkin County. With the understanding that the need for fire department response is unpredictable, it is an awkward task to speak in terms of additional miles traveled or hours spent. None the less, the reality of adding 1,000 residents and 300 homes does impact our planning for the future. We are currently struggling to compensate for the ongoing development in what our attorney calls "North Aspen." Highlands Village, the hospital, the schools, Five Trees, Tiehack, Truscott Place, Sardy Field, the AABC, and the North Forty project all testify that the development in the general area North of Castle Creek is ongoing and significant. Burlingame exacerbates this condition. Additionally, the traffic congestion routinely generated at the S-curves/Round-about bottleneck ic; seriously degrading our ability to provide timely emergency service from a single, central, fire station "in -town." Therefore, we are working to develop a substation in the vicinity of the AABC, immediately adjacent to Hwy. 82, in order to compensate for the increased risk brought on by developments such as Burlingame and the deteriorating response brought on by stalled traffic. It is worth mentioning that this is causing a major revision to our thinking about the "in -town" headquarters station, along with a down -sizing of strat0gic funds planned for its construction. What portion of this project is assignable to Burlingame? We're not sure at this point. We do know that the Strategic Financial Plan we are drafting to support the substation concept will include approximaely three million dollars for land acquisition and station construction. Beyond that, perhaps specific questions from your office could provide a methodology for analysis. If we had to define a reasonable accommodation by the Burlingame Project to the Aspen Fire :Protection District, we think it would involve the potential for a future Aspen Fire Protection District housing; program. We suspect it could be very helpful at some point in the future to be able to support our firefighte:irs and our Fire District with housing tied to service. Sincerely, Darryl Grob Aspen Fire Chief Ed Van Walraven Aspen Fire Marshal City of Aspen Annexation Impact Report B A EM' 'Av Ranch Annexation .10 '. t•�lil� � 7 AnnexationWMIN ♦ / ., .• Prepared By: Aspen Community Development Department Submitted to: Pitkin County Board of County Commissioners June 22, 2001 Table of Contents OVERVIEW 3 MUNICIPAL SERVICES TO BE PROVIDED 5 CITY DEPARTMENT IMPACTS 6 OTHER AGENCY IMPACTS 11 EFFECT UPON PUBLIC SCHOOL DISTRICT SYSTEM (RE1) 13 EXISTING AND POTENTIAL ZONING DISTRICTS 14 ATTACHMENTS 15 2 OVERVIEW ��N The City of Aspen is considering annexation of approximately acres known as the Aspen Valley Hospital. The land is located south and west of the confluence of Maroon Creek River and the Roaring Fork River. The land has been primarily used for agricultural and cattle purposes, although such operations have lessened in the past ew years. The property is currently accessed from New Stage and Old Stage roads. (Please see map, attachment "A.") A pre -annexation agreement between the City of Aspen and BAR/X Ranch LLC was approved pursuant to a municipal vote and describes a potential development plan including market -rate housing, affordable housing, limited ranch uses, and preservation of land as open space. The agreement contemplates a joint project between the City of Aspen -owned Burlingame Ranch and the BAR/X Ranch, subject property of this annexation report. The Agreement is included as Attachment "B." BAR/X Ranch Property Information Acres 141.74 Square Miles .22 Because the majority of the combined project is proposed on BAR/X Ranch property and because the two properties are linked by virtue of the pre -annexation agreement, this annexation report contemplates the entire development scenario described in the pre -annexation agreement. The potential development consists of two components: the "Private Sector" component consists of 12 new free market lots, a fathering parcel to contain 5 residences, and a ranch managers house deed restricted to Resident Occupancy Guidelines of the Aspen/Pitkin County Housing Authority. This private sector component has recently been submitted for conceptual planning approval and is more fully described in attachment "C." The remaining component, "Burlingame Village," consists of 225 residential units deed restricted to the Affordable Housing Guidelines of the Aspen/Pitkin County Housing Authority. This number may not be exceeded according to the pre -annexation agreement. This component has been the subject of an ongoing planning process with a citizen task force, known as the "Burlingame Village COWOP." Initial findings of this task force have been summarized in attachment "D." 3 Projected Units & Peak Occupancy Projected Peak Unit Tvpe Unit Number Occupancv Free Market Free Mkt. Single Family 17 59.5 Free Mkt. Accessory Dwelling Units 12 18 RO Ranch Manager unit 1 3.5 Affordable Housing 30% Single Family 68 238 10% Carriage House 23 34.5 30% Attached Units (2 bedroom) 67 167.5 30% Attached Units (3 bedroom) 67 201 TOTAL 255 722 Notes: • The affordable housing unit counts are based on the preliminary finding of the Burlingame COWOP task force contained in the "Burlingame Ranch Affordable Housing Land Use and Development Plan," dated May 15, 2001. The Final unit mix may be influenced by the final site design for Burlingame Village. Financial realities may also suggest modification of these unit counts. • Multipliers of 3.5 residents per single-family home, 1.5 residents per carriage house and accessory dwelling unit, 2.5 residents per 2 bedroom unit, and 3 residents per 3 bedroom attached unit were used for the purpose of estimating occupancy. • Accessory dwelling units are required for the 12 new free-market lots unless a Pitkin County TDR is extinguished. The remaining free-market lots may have an ADU. For estimating purposes, 12 ADUs were assumed. 2 MUNICIPAL SERVICES TO BE PROVIDED TO ANNEXATION AREA If the City of Aspen decides to annex the BAR/X Ranch property the City will provide to the annexation area all municipal services normally performed by the City or provided to other parts of the City. These services might include: police/law enforcement services, water utilities, trail maintenance, municipal administrative services such as planning and zoning, and parks/recreation facility access. Infrastructure and services required to support development but not specifically provided by the City of Aspen are expected to be provided to this property by outside agencies and service providers. Those services are expected to include Aspen Consolidated Sanitation District sanitary sewer, electricity by Holy Cross Electric Association, natural gas by Rocky Mountain Natural Gas, telephone service by U.S. West Communications and TCI cable. Capital infrastructure to convey these services will be at the sole cost of the developer. Ongoing services will be administered by these outside agencies at the sole cost of the residents. The annexation area is located within the Aspen Fire Protection District, and fire suppression is by the Aspen Volunteer Fire Department. The RE 1 Aspen School District will serve the school aged children within the annexed area. All roads within the potential Annexation Area will be developed at the sole cost of the developer. The City of Aspen shall reserve the right to accept maintenance responsibilities for some or all of these roads. Following are more detailed analyses of the services necessary for the combined development. 5 CITY DEPARTMENT IMPACTS General The project is not sufficiently defined to enable the City Finance Department to estimate specific effects upon the City's overall budget. For this level of analysis, property values and the exact assets requiring maintenance would be needed. Likewise, many of the project's potential elements that would affect general fund expenditures are not known at this time. A financial analysis of the City's general funds has, therefore, not been developed. This section includes impact estimates for various Departments of the City and of outside agencies. Many of the fundamental maintenance services that would normally accompany a residential subdivision are expected to be provided by the subdivision residents through homeowners' dues. These services include general on -site maintenance requirements such as snow plowing and landscaping and have not been analyzed herein. The City of Aspen may elect to accept maintenance responsibilities for infrastructure serving the project. This could include maintenance of open space areas, public parks, and collector streets. Although it is premature to speculate the impact these maintenance requirements may have upon the City, the primary roads serving the project are the most likely to be dedicated to the City for which further analysis is provided. no Police The Burlingame + BAR/X Ranch development would have impacts on the Aspen Police Department. The project is not expected to have a commercial component, which reduces impacts associated with other recent large annexations. The following analysis is based upon national standards and upon the current level of service on an extrapolated officer -per -capita basis. Actual staffing needs may differ as certain efficiencies may be realized for actual service. City Police Officers Unit Projected Projected Projected Projected Projected Unit Type Total New Police New Police New Police New Police Number Occupancy Officers *1 Officers *2 Officers *3 Officers *4 Free Market Free Mkt. Single Family 17 59.5 0.12 0.30 0.07 0.06 Free Mkt. Accessory 12 18 0.04 0.09 0.02 0.02 Dwelling Units RO Ranch 1 3.5 0.01 0.02 0.00 0.00 Manager unit Affordable Housing Single Family 68 238 0.48 1.19 0.29 0.55 Carriage House 23 34.5 0.07 0.17 0.04 0.08 Attached Units (2 bed) 67 167.5 0.34 0.84 0.20 0.39 Attached Units (3 bed) 67 201 0.40 1.01 0.24 0.46 TOTAL 255 722 1.44 3.61 0.87 1.56 Notes: 1 Based on National Standard- Permanent Residence 2 Based on Current Level of Service -Permanent Residence 3 Based on National Standard- Peak Population 4 Based on Current Level of Service -Peak Population 7 Aspen/Pitkin County Housing Authority APCHA increased staff with the addition of one project manager for this project. This position is not exclusive to this project. This impact was expected, budgeted, and has been accommodated. The Housing Authority is currently in need of an additional unit sales administrator although insufficient office space has prevented hiring this additional staff member. The impact of administering additional sales could be accommodated with the existing staff, assuming the currently needed staff position is filled. Not filling this position would create significant difficulty in providing customer service. Depending upon the staging of the project and the rate at which units are completed, temporary assistance in administering unit sales could be useful. It should also be noted that Affordable Housing Real Estate Transfer Tax (HRETT) revenues from the project would augment the Housing Authority budget. HRETT is calculated by reducing the sales price by $100,000 and multiplying the remainder by 1 %. Per unit Free Market Units Est. Cost HRETT Free Mkt. Single Family 17 4,000,000 663000 Free Mkt. Accessory Dwelling Units 12 0 0 RO Ranch Manager unit 1 450,000 3500 (fordable Housing 30% Single Family 68 220,000 81600 10% Carriage House 23 120,000 4600 30% Attached Units (2 bedroom) 67 175,000 50250 30% Attached Units (3 bedroom) 67 190,000 60300 TOTAL 255 $863,250.00 Engineering During the development and implementation phase of improvements, the Department will be required to inspect all site improvements and conduct Right -of -Way inspections. The estimated level of work performed during this construction phase could require one half-time Engineering Technician. Approximately 40% of the Engineering Technician's time will be required to insure conformity with safety performance standards for the constructed improvements. Water The Burlingame + BAR/X project is within the City's water service area. The Pre - annexation agreement includes a Water Service Agreement for the BAR/X Ranch. This agreement addresses costs of supplying infrastructure and the conveyance of water rights. No construction costs have been developed for the project that can be used for analyzing the potential public costs at this time. The City of Aspen will oversee all infrastructure maintenance, service, and operation of the water system. Costs associated with these ongoing services are expected to be offset with utility billing. Streets Streets within the affordable housing and free-market portions of the development are expected to remain in private ownership and maintenance. It is likely that, after construction, the primary roads serving the development will be dedicated to the public and become an ongoing maintenance requirement of the City. Although the exact alignment of these roads has not been determined, roughly 6,000 linear feet of roadway would be necessary to access the primary development areas. Internal road systems and driveways will also be necessary. The development of a signalized intersection on State Highway 82 is also a requirement of this project according to a settlement agreement with the Maroon Creek Club. The Burlingame COWOP Task Force has identified preferences for this intersection and the manner in which roads should access development areas (see Burlingame Ranch Affordable Housing Land Use and Development Plan, Transportation section). This is a project cost for which no information concerning financial impact has been provided. Some funding for the highway intersection may be available from the Colorado Department of Transportation. An additional snow plowing requirement may represent a threshold for the City's current plowing infrastructure. The City's snowplow routes are currently 9 — 10 hours long (i.e. already in overtime mode as standard operation). An increase in plowing could require the purchase of a new plow and staff to operate it. Approximately $42K/year for the personnel and $220K one time for the plow (plows are on a 7-year replacement schedule). Community Development The Community Development Department has already experienced an increase in workload for the planning of this project. A "Housing Planner" position was budgeted and has not been filled at the request of City Council. This additional impact is expected to continue through the planning process for the project. Zoning review for the project will be substantial and may require the use of contract labor. Building permit review will be substantial and can be accommodated with the recently budgeted "Housing plans inspector." Depending upon the staging of the project and the season in which the project is submitted, some contract labor may be necessary. Contact labor is routinely used and is normally offset with permit fees, which may not be required for this project. Development inspection service will also be substantially impacted. Depending upon the staging of the project, an additional dedicated field inspector may be needed for the project. Ongoing zoning enforcement, individual planning amendments, and remodels will have continuous impacts upon the Department. Enforcement of the Wildlife Protection Ordinance will also require additional resources of the City Environmental Health Department. Parks The chart reflects park and trail needs based on level of service standards established in 1987 with the park impact fee methodology. It is premature to consider how possible recreational facilities within the project may mitigate these impacts. Parks and Trails Projected New Projected New Projected Park Acreage Trail Needed Unit Total Needed' (Linear Feet)" Unit Type Number Occupancy Free Market Free Mkt. Single Family 17 59.5 1.19 803.25 Free Mkt. Accessory Dwelling Units 12 18 0.36 243 RO Ranch Manager unit 1 3.5 0.07 47.25 Affordable Housing Single Family 68 238 4.76 3213 Carriage House 23 34.5 0.69 465.75 Attached Units (2 bed) 67 167.5 3.35 2261.25 Attached Units (3 bed) 67 201 4.02 2713.5 OTAL 255 722 14.44 9747 Note: Based upon current ratios which exceed national averages Development of the project itself will require administrative tasks to ensure proper landscaping, restoration, and any bonded obligations. The project may increase maintenance requirements of the Parks Department with regard to trails. 10 OTHER AGENCY IMPACTS While the City may not directly finance these departments' services, they are added to demonstrate some additional impacts of this subdivisions development to the residents of the up -valley community. Aspen Volunteer Fire Department The property currently resides within the Aspen Fire District. The area will be attached to city water and it is expected, by the Fire Chief, that all buildings will be equipped with fire suppression devices. This largely reduces the potential need for emergency event response. According to the Fire Chief, the Fire District does not expect this project to require additional staffing or capital infrastructure. New Project Current Number of Unit served by District* Units Percent increase 5,941 255 4.29% * Considers Highlands Village complete Holy Cross Electric Due to the complicated array of existing line systems and other improvements taking place to core electric system infrastructure, determining specific impacts is difficult. Currently, the Aspen Substation is capable of handling approximately 75 megawatts and current peak draw is approximately 60-65 megawatts. The Highlands Village project is expected to draw and additional 8-12 megawatts at build -out. Burlingame + BAR/X may require an additional 1-4 megawatts. While the development of Burlingame + BAR/X may not be directly responsible for the addition or upgrade of an Upvalley electrical substation we can assume that its build -out will accelerate system upgrades. 11 Library The Pitkin County Library is not maintained nor funded by the City of Aspen. The library is contemplating a10,000 square foot expansion in addition to the recent mezzanine level expansion. Based upon a purely quantitative extrapolation, number of volumes per capita, the Library will find need for approximately 4,108 additional volumes. Unit Projected Projected New Unit Type Number Residential Library Population Volumes Free Market Free Mkt. Single 17 59.5 338.56 Family Free Mkt. Accessory 12 18 102.42 Dwelling Units RO Ranch Manager 1 3.5 19.92 unit Affordable Housing Single Family 68 238 1354.22 Carriage House 23 34.5 196.31 Attached Units (2 67 167.5 953.08 bed) Attached Units (3 67 201 1143.69 bed) TOTAL 255 722 4108.18 12 EFFECT OF ANNEXATION UPON THE LOCAL PUBLIC SCHOOL DISTRICT SYSTEM (RE1) Children of school age residing within the Annexation Area would attend schools provided by the Aspen School District RE1. In 1995 both the City and the County adopted conformed ordinances with respect to school land dedication standards. Projections in the table represent student generation numbers as determined by the RE1 School District and City of Aspen Municipal Code. Required capital will be captured through fees at the time of building permit issuance. Projected New Projected Number Students Land Land New Staff Housing Type of Units (Based on 1995 Dedication Dedication Required for Aspen School (Sq. Ft.) (Acres) Students District Survey) Free Market Single Family (5 bed) 17.00 20.23 21,030.77 0.48 2.02 Acc. Dwelling Units (1 12.00 0.60 0.00 0.00 0.06 bed) RO Ranch Mngr. (4 1.00 1.04 1,080.29 0.02 0.10 bed) Affordable Housing Single Family (4 bed) 68.00 70.72 73,459.58 1.69 7.07 Attached Units (3 Bed) 67.00 45.56 47,280.02 1.09 4.56 Attached Units (2 Bed) 67.00 26.80 27,725.94 0.64 2.68 Carriage House (1 bed) 23.00 1.15 1,202.26 0.03 0.12 TOTAL 255.00 166.10 171,778.86 3.94 16.61 13 EXISTING AND POTENTIAL ZONING DISTRICTS ''i\N The existing zoning within the Annexation Area is Pitkin County AFR-2 (one residence per two acres). Within 90 days of Annexation, the City must assign the property zoning. The City anticipates adopting zoning compatible with the land use parameters established by a Final PUD Development Plan for the property. This may require the use of zoning overlays to accommodate and limit the land uses and intensities to those represented in the pre -annexation agreement. In the event a Final PUD Development Plan is not adopted within 90 days of final annexation, the City anticipates zoning the property consistent as practical with the Pitkin County zoning. This would result in zoning the property Rural Residential (RR). This RR zoning allows for one residence per two acres and is the most similar zoning to the County's AFR-2 zoning. Variations to the zoning may occur through the public hearing process and City Council reserves the right to assign this property to any of the City's zone districts. 14 ATTACHMENTS: A CITY OF ASPEN PRESENT AND PROPOSED BOUNDARY B BAR/X RANCH PRE -ANNEXATION AGREEMENT C BAR/X RANCH PROPOSED DEVELOPMENT PLAN D BURLINGAME RANCH PROPOSED LAND USE AND DEVELOPMENT PLAN 15 MEMORANDUM To: Pitkin County Board of County Commissioners From: Joyce A. Allgaier, Interim Director of Community Development Date: October 25, 2004 Re: Burlingame Ranch, Bar/X Ranch, Park Trust Exemption (Parcel 2) Annexation Impact Report Attached is a copy of the City of Aspen Annexation Impact Report for the properties known as Burlingame Ranch, Bar/X Ranch and the Park Trust Exemption Parcel 2 (aka. AVLT). These parcels are proposed for annexation into the City of Aspen from Pitkin County on November 22, 2004. This memorandum serves as the official transmittal of this document to the board of county commissioners as required under CRS 31-12-108.5. This report -is intended to meet the minimum requirements as put forth in the statute. City of Aspen Annexation Impact Report Burlingame Ranch Bar/X Ranch Park Trust Exemption (Parcel 2) Annexation Burlingame Ranch Boundary -_ Proposed for Annexation Maroon Creek Club . Cemetery Lane Buttermilk Ski Area w Neighborhood }r' Prepared By: Aspen Community Development Department Submitted to: Pitkin County Board of County Commissioners October 25, 2004 Table of Contents 1. Overview Page 3 2. Municipal Services to be Provided for the Annexation Area 5 3. Financing of Municipal Services for the Annexation Area 6 4. Existing and Proposed Zoning within the Annexation Area 7 5. Effect of Annexation upon the Local Public School District System 8 6. List of Maps/Attachments 9 2 1. Overview The City of Aspen is considering the annexation of approximately 173.9 acres of land generally known as Burlingame Ranch-Bar/X-Park Trust (29.4 acres of which is Parcel 2 of the Park Trust Exemption Map, aka, the AVLT land). The land is located south and west of the confluence of Maroon Creek River and the Roaring Fork River and is accessed from Harmony Road and Old Stage Road. The land has been historically used for agricultural purposes and contairis appurtenant barns, out buildings and residential structures. The agricultural uses have lessened in the past few years, but some of the land will remain in use for cattle ranching. Parts of the land are owned by both the City of Aspen and Bar/X Ranch LLC. A map of the subject property is included as Attachment «A» A pre -annexation agreement between the City of Aspen and Bar/X Ranch LLC was approved pursuant to a municipal vote and describes a potential development plan including market -rate housing, affordable housing, limited ranch uses, cultural facility uses, and preservation of land as open space. The Agreement is included as Attachment «B» Burlingame Ranch Property Information Acres 173.9 Square Miles .27 The general vicinity of the annexation area is developed with a variety of uses. To the west are the MAA and Maroon Creek affordable housing neighborhoods, as well as Highway 82 and the Aspen-Pitkin County Airport. To the north is the Aspen Airport Business Center accommodating a variety of commercial, light industrial, office and residential uses. To the east are located light density residential uses and to the south is found the Maroon Creek Club residential uses, golf course and athletic clubhouse. This annexation report contemplates a development scenario that does not exceed the limitations put forth in the pre -annexation agreement of 330 affordable housing units plus additional free market units. To the extent possible at this time and without the benefit of final land use approvals in place, the following paragraphs describe the development scenarios contemplated for the subject property. The potential development consists of two components: the "private sector" component consists of 12 new free market lots with a potential for 12 associated ADUs, a fathering parcel to contain 5 residences, and a ranch manager's house deed restricted to Resident Occupancy Guidelines of the Aspen/Pitkin County Housing Authority. This private sector component has recently been submitted for final planning approval and is available for full review in the Community Development Offices of the City of Aspen. 3 The remaining component of around 25 acres is called, `Burlingame Village," and the plan is for around 290 residential units to be deed restricted to the Affordable Housing Guidelines of the Aspen/Pitkin County Housing Authority. (In accordance with the pre - annexation agreement, the number of units may not exceed 330.) The City of Aspen would become the owners of this property through the agreement with the Bar/X Ranch owners. This component has been the subject of an ongoing planning process with a citizen task force, known as the `Burlingame Village COWOP." Following the creation of findings by this task force, the City of Aspen proceeded to conduct a design -build competition to take the development through its planning phases, and all the way through development of at least one phase of the development. A summary of the COWOP Task Force Team is contained in Attachment "C". This report is prepared pursuant to Title 31-12-108.5, Annexation Impact Report, of the Colorado Revised Statutes. 4 2. Municipal Services to be Provided to the Annexation Area The City of Aspen will provide the annexation area with municipal services normally performed by the city or provided to other parts of the city, from such departments as Streets, Water, Environmental Health, Community Development, Parks and Recreation and other administrative divisions of the city. Aspen Consolidated Sanitation District sanitary sewer, Holy Cross Electric Association, KM Natural Gas, Qwest Communications, and Comcast will serve the annexation area. Law enforcement will be provided by the City of Aspen Police Department. The annexation area is located within the Aspen Fire Protection District, and fire suppression will be served by the Aspen Volunteer Fire Department. To the extent available at this time, the existing and proposed utilities are shown on maps contained within Attachment "B", the pre - annexation agreement. It is likely that the homeowner's association(s) will be responsible for providing certain services to the development(s) such as storm water facility maintenance, park and playground maintenance and other amenities for the purposes of the residents. Old Stage Road, serving the free-market development, is planned to be a private road with continued access to the existing properties it serves and to be maintained by the homeowner's association. In accordance with the pre -annexation agreement, certain utilities will be designed and provided to the annexation area by the City of Aspen and some by the Bar/X Ranch development. 5 3. Financing of Municipal Services for the Annexation Area Municipal services are anticipated to be financed through the expansion, due to annexation, of existing sources of revenue, including property taxes, real estate transfer tax and user fees. Additional property taxes and real estate transfer taxes will be generated by the initial and ongoing sale of both deed restricted and free market housing located with the subject area. It is unlikely that there will be any significant increase in sales tax generation. Water and electric services will be provided for through fees for service and impact fees. rel 4. Existing and Proposed Zoning within the Annexation Area The existing zoning within the annexation area consists of AFR-2/PUD, Agriculture, Forestry, Residential (Planned Unit Development) zoning under the Pitkin County Land Use Code. Within 90 days of annexation, the City of Aspen must establish the zoning for newly annexed land. In anticipation of the development set out in the pre -annexation agreement, the property is slated to be zoned AH/PUD, Affordable Housing/Planned Unit Development, allowing for the development of both affordable and free-market housing. The general vicinity of the proposed annexation area is zoned AFR-2, Conservation and Multi -Family Residential. One portion of the property is anticipated for cultural uses associated with public and private non-profit and would be zoned Public (PUB) to allow for these uses. 5. Effect of Annexation upon the Local Public School District System School aged children residing within the proposed annexation area would have attended schools provided by the Aspen School District RE-1 whether not that area was in the City of Aspen or Pitkin County. For this reason, the annexation itself would have no effect on the number of students generated, or the capital required or available to educate such students. In 1995, both the City and the County adopted conformed ordinances with respect to school land dedication standards for new development. Impact fees would have to be paid as part of future development of the annexed area. Under the contemplated development scenario, the following number of students is projected to reside within the developments. This number of students will not likely be newly generated students in that some of the residents will already be from within the district. This chart also shows potential staff needs, however, the number will not be true in that some students will already be attending the district schools and not generate additional demand on staff. (Numbers are based on Aspen School District projections.) Projected New Number Students Projected New Housing Type of Units (Based on 1995 Staff Required Aspen School for Students District Survey) Free Market Single Family (5 bed) 17.00 20 2.02 Acc. Dwelling Units (1 12.00 0.60 0.06 bed) RO Ranch Mngr. (4 bed) 1.00 1 0.10 Affordable Housing Single Family (4 bed) 80.00 83 8 Attached Units (3 Bed) 92.00 61 6 Attached Units (2 Bed) 95.00 59 5 Carriage House (1 bed) 23.00 2 .12 TOTAL 320.00 226.60 21.30 6. Maps/Attachments ➢ Existing and Proposed City Boundary Map -front page of report ➢ Attachment A -Subject Lands to be Annexed ➢ Attachment B-Pre-Annexation Agreement ➢ Attachment C-Burlingame Ranch Affordable Housing and Development Plan (COWOP Task Force Recommendation) ANNEXATION MAP OF: PARCEL 2 OF PARK TRUST EXEMPTION MAP A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 2 ,0 ASPEN -SELF -STORAGE N 1 4 CORNER SEC 2 NOT SET IN 191J BLM (REC No, f96496) 1\ / '� ADAMS SURVEY - IN AGRICULTURAL YJB - PARCEL � PARK TRUST EXEMP RON MAP + SAME CONDITION THIS SURVEY, NOT SET $,5 BOOK 10 PAGE SA.PITKI RECORDS NE CORNER SEC 2 FOUND TOII'. v�',y/p 9 SOUTH. RJNC£ 85 WEST "li /9IJ BIM BRASS CAP i 011',ISH/P /0 SOGITH. R.JvVCE 95 lYEST - - - N88 T46_W �531J.0_9' _ � 6 3 2 N 1� I - -- ----- PI COUNITY NW CORNER SEC 2 FOUND / 5, x I TRAC�.T B, AGED B PLACER B OK fB0 AT PA SS��5588880-584 \ (PART OF RED BUTTE RANCFI�SUBD/VIS/DN) AIRPORT 1973 BRASS CAPS CONC I I LS p9184 PROPERTY B£/NG ANN X D `� ASPEN AIRPORT BUSINESS CENTER TPBCf1,'�S.p7�BK�`igilitix ��`•� CITY OF ASPEN PROPERTY.LOT J fr �xEMr•*7.,>AP'�r�,� .; � , afv.w' . iO�P .- �;: RED BUTTE RAj4CH SUBOINSION/PUO I PARCEL 2, PARE TRUST EXEMPTION NAP ACCORDING TO THE FINAL PLAT 111 O spk5M11�F/NT 'rui BK 55 PC 42-s7I PITKIN CO RECORDS RECORDED ./ULY 31, 1980 PLAT BOOK 10 ON PACE 5A RECEPTION No. 22S707 L / I EXCEPT/NC THAT PROPERTY DESCRIBED IN THE QUIT CLAN DEED RECORDED AS �?�_.'PO \ I \✓/ I \\ RECEPTION No. 466499 FORK RIVER COUNTY OF PITKIN STATE OF COLORADO ! •�I BARINo, (RECA466499) h \\\ OENCHNVER AND IC OF p£K�H je �_,, g N I 1 96�j \ W 1/4 CORNER LOT 1 BURUI CAME RANCH I \ I v \ SEC 2 FOUND SUBDIVISION S 62'41'3J' W \\ \� 1954 BLM BRASS I I \V �� I o \ I 2J8.81' (TIE) \,\ CAP I I r\ I z'I I+ C. E 1/4 CORNER, SEC FO NO 1998 BRASS CAP, LS NGS STATION 3 __ - .V -I O /1 129 TRUE CORNER BEARS I 5-159 `v \ LOT 2 BAR X RANCH z � TJl I ^ I. �SOLDNER I LITE BUTTE TRACT (PLAT SK 4 O PG 462) h1 I < I GRAPHIC SCALE I 3�1 ( IN FELT 1 10 11 I Ia.b - 500 IL MAROON CREEK CLUB S 1/4 CORNER SEC 2 FOUND 195- `\ \ BLM BRASS CM m I + n + N BAR RA H I 'DUNE%LOT UT (/ RED BUTTE PARK (PLA T BK. I 2J OI PG. 42 �I (REC. No. 146827) NI I- n I �I I Z •\ I WZ,Sj�ASPEN�B„—I J ATPwL3 �B 3 RQ9)I � I NGS STATION — MAROON CREEK PARK v (REC. No. 146821) SE CORNS-7- SEC 2 FOUNDS- r 1954 BLM _BRA CAP, 411 AMENDED PLAT OF THE ASPEN GOLF COURSE SUBDIVISION LOT 1 T\ / LOT 2 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 VICINITY MAP SCALE. I• - 2000' MOTES: 1) DATE OF PREPARA NOV: CCTOBfR, 2004. 2) TNIS AIW£XATRW AMP 1S BASED CW PLATS, DOCUMENTS OF RECORD AW TNf F~ SfCTIOV, SCIBDIVISlw LOT AA® PARCEL SURVEY OF tWilTS. 11 NO WY IS /T TO BE CONSTRUED AS A 8QANOARI SLRVEY OF ANY OF TIC AANEX/AG PROPERTY, 4) BASIS OF SLRVEY: THE RECORDED PLATS OF THE OWfST/C/TY OF ASPEN Sf.HDIV15/0N EXEAPTILIV FOR A LOT L /NE AOJt SNIfNT, TNf BOAIQARY S PVEY DF BAR/X RANCH PREPARED BY ROCKY AaWTA/N LAND SLRV£YINO INC., THE &RL/ACAMf RANCH SU6DIVISICW AAO BLARL /AGIAC S£AS"t HOUSING SUBOIVIS/OVXP.U.D.. PARK TRUST £XEAPT/OV IMP, AW RED BUTTE RAACII SUSO/VISIOV/PLO, VARIOUS DCCLWNTS OF RECORD AM? THE FORD 54RVCY MDWAl''NTS, AS SHOW. lI BASIS Of OF BfARIAG: A HEARING OF N J6'05'44' W BErWEN Thf FOAW ARCS STATIONS' 5-159 AAC 0-159 PCR THE 199E C/TY Or ASPEN/DRfKEL SARRELL CONTROL SURVEY MNICH ESTABL ISNED A PROaECT BEARING BASE OF N 04*41'16' E BETMffN TNf £ 114 CORNER OR S£CT/OV J. A FO7M0 BLM RWASS CAP AAD TIC AC CORNER a- s, CTION J. A FOAO BRASS CAP IN CONCRETE C.S. /9184 S RV YOR' TAT -N NT I, NARK S BECKLER DO HEREBY STATE THAT THIS PARCEL 2 OF PARK TRUST EXEMPTION NAP /OAS PREPARED BY SOPRIS ENGINEERING, LLC FOR TH£ CITY OF ASPEN AND THAT IT IS TRUE AND CORRECT TO THE BEST OF AIY KNGWLEXE NARK S ZIEMER. L.S OBB643 CITY .NC/N-.R APPROVA- THIS ANNEXATION YAP HAS BEEN REVIEWED AND APPROVED FOR RECORDING BY THE CITY ENGINEER OF THE CITY OF ASPEN SIGNED THIS DAY OF ____ eOO4 NICK ADEH �ClTY ENG/N£ERf CITY COUNCIL APPROVAL THIS ANNEXATION NAP WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, PITKIN COUNTY, COLORADO THIS ___ DAY OF 2004 AS EVIDENCED BY ORDINANCE N0. SERIES OF P004 RECORDED WITH THE CLERK AND RECORDER OF PITKIN COUNTY AS RECEPTION NO. HEL£N KLANDERUP. MAYOR WITNESS NY HAND AND THE SEAL OF TRT TONY OF ASPEN ATTEST____ KATHRYN COCR CITY CLERK CLERK AND RECORDER'S ACCEPTANCE THIS ANNEXATION NAP OF PARCEL 2 OF PARK TRUST RrfAfP77ONS ,1/LED FOR RECORD IN THE OFFICE OF TH£ CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. AT O'CLOCK __,M, ON THE __DAY OF _2004. AS RECEPTION NO. _ . CLERK AND RECORDER BY. DEPUTY vows To CMPRA D — TOU MUST COMMENCE AMY U AnV DEFECT Un SMVET •M r a nE iT OSCOVTA SUCH OEfECT. IM no EMEMT MAT -1AC vT DETECT ix -S SURVEY SE COMME.m MORE MN, ANNEXATION MAP OF: BARIX RANCH A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET i OF 2 r f/ I ASPEN -SELF -STORAGE (REC No. 196496) N 114 CORNER SEC 2 NOT SET IN 191J BLM ADAMS SURVEY - IN AGRICULTURAL FIELD - SAME CONDITION THIS SURVEY, NOT SET 34 13J � ^' ^`..".c NE CORNER SEC 2 FOUND TODIVSH/P 9 SOUTN RANG£ 85 W£ST - 19IJ BLM BRASS CAP rO1Y;US�i'/P%O SOUTH. R.aNG£ 85 /YESF - - - - � ,_ --N887746W � �5313.09' _ 35\ 36 \\ PITKIN \ . TRAC;- GEORCE PLACER B K 180\ S_580-584 I 2 r 1 COUNTY NW CORNER SEC Z FOUND \� FART OF RED BUTTE RANC4 SUBDMSION) \ AIRPORT 1973 BRASS CAP IN CONC �� \ LS /9184 I PROPERTY B£/NC ANNEXED ASPEN AIRPORT BUSINESS CENTER PARCEL 2 PARK TRUST LOT 3 EXEMPTION MAP RED BUTTE RA CH SUBDIVISION UDr BAR/X RANCH PROPERTY. \I BOOK 10 PACE 5A . j: r I I u PITKIN COUNTY 55 PG 42-47 PITKIN COUNTY RECORD$ 1. THAT PROPERTY DESCRIBED AS RLL'£PT/ON No. 466199 1\ i n RECORDS 2. LOT T AND 2. ZOL/NE LOT SPLIT ACCORDING TO THE FINAL PLAT RECORDED Ilidj .. S£PTEAIBER 20, T989 IN PLAT BOOK 23 ON PACE 42 RECEPTION N6. 3IS225 o 3 THAT PROPERTY DESCR/BED IN BOOK J35 AT PACE 468 \ - 0 FORK RIVER OFNVER ANDTTA�YOF pETTERH l of ZI W 114 CORNER M g 9 S 62'41.3 W LOT I BURCI GAME RANCH ��- �1. SEC 2 FOUND SUBDI11510N 238.81' (TIE) 1954 BLM BRA IA E -h G E 114 CORNER, SEC 2 GRAPHIC SCALE ( IN FEET ) 1 loch . 500 1t SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 J 1 F fSt; ..� av�`e'1'"a�t� t! - ti �dN MIld" VICINITY MAP SCALE: a' - 2000' MrES: I) DATE OF HPEPARAr/CW: LCIOBER, 2004 2) TNIS AAAEXAT/OI YIP /S BASED ON PLATS. DOCWENTS OF RECORD AM TNT FOCA9 SECTION. SOROIVISIOW LOT AM PARCEL SOPVEI A(Xt fA?TS. IN M RNr IS IT TO BE CONSTRUED AS A SCIAWARY SUPVEY ' ANY Or TIE AMEXIM PRWERrY. 4) BASIS OF SURVEY: rNE RECORDED PLATS Or TIE OME$T/CITY OF ASPEN SWIV/S10V EXEAPTION FOR A LOT L INE ADJUSTMENT. 71/E BOLAOARY SLRV£Y Or BAR IX RAACH PREPARED BY ROLXY AtYANTA IN LAM SGNEYIAG IAC.. THE BULL /AGAME 9AACn SU90/VISION AM "LIAI SEAS&I MUSIM SUBDIV/SION/P.U.D., PARK TRUST EXEY°TILIv YIP. AM RED BUTTE RI SMIV/S/CNIPW, VARIDIIS DLC'LWNr$ OF RECORD AM INC FOLD 54PVCY AOMAIENTS. AS SHOW. J) BASIS OF OF BEARIM: A BEARIM Or N J6'05'44' W Bf7WEN TAE FO.M MS STAr/OAS 5-159 AM 0-159 PER THE 1998 CITY OF ASPENIDREXEL BARREL[ COVTRM SW Y WNICH ESTABLISALD A PROJECT BEARIM BASE OF N 04'4!'16- E BE'r*rEN TN£ £ 114 CORNER OR SECT/O✓ J, A MEADBLM BRASS UP AM TIE At' CORNER OY SECTION J. A FOLM BRASS CAP /N COMREr£ L.S. 491B4 RYEYOR' /, MARK S BECKL£R DO HEREBY STATE THAT THIS ANNEXATION LAP )PAS PREPARED BY SOPR/S ENGINEER/NC, LLC FOR THE C)TY OF ASPEN AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNO)PLEDGE BY. _ NARK S. BECEZER IS. 08643 CITY £NC/NE£R APPROVAL THIS ANNEXATION LAP HAS BEEN REVIEWED AND APPROVED FOR RECORD/NC BY THE CITY ENGINEER OF THE CITY OF ASPEN SICNED THIS - DAY OF _—_—, Z004 NICK ADC'H (CITY ENGINEER) CITY COUNCIL APPROVAL THIS ANNEXATION MAP )VAS APPROVED BY THE CITY COUNC/L OF THE CITY OF ASPEN, PITKIN COUNTY, COLORADO THIS _—___ DAY OF ___—, 2004 AS EV/DENCED BY ORDINANCE NO. _ SERIES OF 2004 RECORDED )PITH THE CLERK AND RECORDER OF PITKIN COUNTY AS RECEPTION NO. HELEN KLANDERUD, MAYOR )PITNESS MY HAND AND THE SEAL OF THE TOWN OF ASPEN ATTEST - KATHRYN COCH, CITY CLERK CLERK AND RECOROER'S ACCEPTANCE THIS ANNEXATION BAR/X RANCH /S FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, AT __ O'CLOCK __-AG, ON THE DAY OF -_ , 2004. AS RECEPT/ON NO.._____. CLERK AND RECORDER BY-- ---- DEPUTY Pdl UNr-.cw+- A EFFECT OF ANNEXATION UPON THE LOCAL PUBLIC SCHOOL DISTRICT SYSTEM (RE1) Children of school age residing within the Annexation Area would attend schools provided by the Aspen School District RE1. In 1995 both the City and the County adopted conformed ordinances with respect to school land dedication standards. Projections in the table represent student generation numbers as determined by the RE1 School District and City of Aspen Municipal Code. Required capital will be captured through fees at the time of building permit issuance. � Projector New frole� Number Students 'r Land New Staff Housing Type of Units (Based on 1995' ••"Dedication Ded1c' Required for Aspen School (Sq. Ft.) (Acres) District Survey)Students Free Market Single Family (5 bed) 17.00 20.23 21,030.77 0.48 2.02 Acc. Dwelling Units (1 12.00 0.60 0.00 0.00 0.06 bed) RO Ranch Mngr. (4 1.00 1.04 1,080.29 0.02 0.10 bed) Affordable Housing Single Family (4 bed) 68.00 70.72 ° 73,459.58 1.69 7.07 ' attached Units (3 Bed) 67.00 1 45.56 �` 47,280.02 1.09 4.56 Attached Units (2 Bed) 67.00 26.80 5 27,725.94 0.64 2.68 :,arriage House (1 bed) 23.00 1.15 I . 1,202.26 0.03 0.12 (1. TOTAL 255.00 166.10 177$...wv 3.94 16.61 13 Note: Due to the combination of alphabetic and numerical identifying of sections, and inconsistencies in the left indenting, the original document was hard to refer to. Pages 29.5 through 29.26 have been reformatted here to IIUIUUU UUIIIpIuttl JttlGUUI I I IUIIIUU1 II ly dl Eu uUl IJWtGI u IIiuci na. IC UUI IU;I Il ID lu01 uRwal w u is UAGIJUIU ayi ccn iUI It. AMENDED AND RESTATED PRE -ANNEXATION AGREEMENT BAR/X RANCH THIS AMENDED AND RESTATED PRE -ANNEXATION AGREEMENT ("Agreement") is entered into and made on January 16, 2004, by and between the City of Aspen, a Colorado home rule municipal corporation, whose address is 130 South Galena Street, Aspen, Colorado 81611, hereinafter referred to as the "City"; and Bar\X Ranch LLC, a Colorado limited liability company, whose address is c/o Herbert S. Klein, Esq., 201 N. Mill St. #203, Aspen, CO. 81611, hereinafter referred to as "Landowner". This Agreement shall become effective following execution by the Landowner and upon approval by the City Council of the City of Aspen evidenced by a duly approved resolution and by the execution of the Agreement by either the City Manager, Mayor, or Mayor Pro-Tem. RECITALS AND REPRESENTATIONS WHEREAS, the Landowner and City have previously entered into a Pre -Annexation Agreement, executed by City on May 21, 2001 (the "Prior Agreement") for the Landowner's property known as the Bar/X Ranch; and a First Amendment to Pre - Annexation Agreement dated December 17, 2001 (the "First Amendment") and a Second Amendment to Pre -Annexation Agreement executed by the City on February 19, 2003 (the "Second Amendment"); and WHEREAS, City and Landowner desire to combine the Agreement and its First Amendment and Second Amendment (collectively, the "Prior Agreements") into this one complete agreement and make further amendments to the Prior Agreements, all to be incorporated herein and referred to herein as the "Agreement" for the convenience of the parties which shall supercede the Prior Agreements in their entirety; and WHEREAS, the Landowner represents that it comprises 100% of all owners of a parcel of land commonly known as the Zoline Ranch, being more particularly described in Exhibit A appended hereto and incorporated herein by this reference ("Property Proposed to be Annexed" or "-/X Ranch"); and WHEREAS, the Property Proposed to be Annexed is more than 1/6 contiguous with the existing City boundaries and is otherwise eligible to be annexed into the municipal boundaries of the City in accordance with the Colorado Municipal Annexation Act of 1965, as amended, C.R.S. Sections 31-12-101, et seq.; and WHEREAS, the City and Landowner believe that it is in the best interests of the citizens of the City of Aspen and Landowner that the development of portions of the City owned Burlingame Ranch and the Property Proposed to be Annexed be cooperatively planned by the parties; and Preannexation Agreement 29.5 �/x PUbtAw1c,_1t B WHEREAS, the Development Plan described in this Agreement and the rights granted to the Landowner hereby will assist in the creation of affordable housing, open space and a reduction in free market residential density below that which would otherwise be likely to be developed on the -/X Ranch, thus fulfilling high priority goals of the City; and WHEREAS, Landowner and City desire to annex the Property Proposed to be Annexed into the municipal boundaries of the City of Aspen on condition that all of the terms and conditions of this Agreement are met; and. WHEREAS, the parties hereto desire to submit a joint development proposal and application to the City's Community Development Department for processing pursuant to the City's Land Use Code; and WHEREAS, the parties hereto desire to condition the annexation proposed herein and the execution of the Development Plan as described herein on the granting of all requisite land use approvals, following public input and comment, consistent with the City's Land Use Code; and WHEREAS, the City is a home rule municipality of the State of Colorado and is authorized to enter into this Agreement pursuant to C.R.S. Section 31-12-121; and WHEREAS, the Landowner is, in accordance with C.R.S. Section 31-12-102, legally capable of submitting a Petition to Annex in a form substantially the same as Exhibit C appended hereto. NOW, THEREFORE, in consideration of the mutual covenants contained herein, IT IS AGREED AS FOLLOWS: 1 The Development Plan The parties agree that the following description of the proposed land use for portions of the Landowner owned -/X Ranch and City owned Burlingame Ranch ("The Development Plan") constitutes the desired result of this Agreement as it sets forth the best land use for the Property Proposed to be Annexed and in the best interest of the City of Aspen. The parties believe that the Development Plan as set forth herein is consistent with the City of Aspen Land Use Code and the Aspen Area Community Plan. In the event Landowner has obtained Final Plat approval for the Free Market Component (defined below) prior to the time City has obtained Final Plat Approval for the Affordable Housing Component (defined below), then, the references in paragraphs 2 e, f and g and paragraph 19 of this Agreement which refer to the Development Plan shall mean the Free Market Component of the Development Plan. 1.A Development Plan The parcel of land to be developed is depicted graphically in Exhibit B appended hereto and shall consist of the -/X Ranch plus a portion of the Burlingame Ranch lying East of Highway 82, less the areas of Burlingame Ranch known as Parcel B (MAA Housing) and Parcels C, and D, the exact size to be determined during final planning and design phases. A parcel from the -/X Ranch consisting of 2 29.6 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission approximately 21.5 acres ("20 Acre Parcel"), the exact size and location to be determined during final planning and design, but substantially in the location as shown on Exhibit B, shall be conveyed by warranty deed by Landowner to City following the recording of a subdivision plat for the Free Market Component (defined below) consistent with the Development Plan as it pertains to the Free Market Component and upon expiration of the Appeal Period as defined at Paragraph 20 of this Agreement. City has inspected the acres to be conveyed to the City and deems them suitable for construction of affordable housing as contemplated herein. Notwithstanding the foregoing, a small portion of the 20 Acre Parcel which was acquired by Landowner in a quiet title action and which is described on Exhibit T-A, attached hereto and incorporated herein by this reference, shall be conveyed without warranty. 1.A.1 Boundary Line Adjustments 1.A.1.a City — Ranch The parties agree that they will cooperate with each other and quit claim small strips of land as necessary to establish the boundary between the Ranch and the Burlingame Ranch as the existing fence line. 1.A.1.b Soldner — Ranch The neighboring Soldner family has questioned the location of the common boundary of the Ranch and the Soldner property. If, at the time of Final Plat recording, the boundary has not been established, by either the mutual agreement of the Soldners and Landowner or by a court decree, the Final Plat shall identify the area in dispute and except it from any warranty of title in the certification of ownership. If the 60 foot right of way easement which may be required to be conveyed to City pursuant to paragraph 1.H.f. below, will encroach into the area in dispute, the Final Plat shall dedicate said right of way outside of the area in dispute, provided that Landowner shall have the right to relocate the right of way along the finally determined boundary line, revise its dedication and amend the Final Plat accordingly. In such event, City agrees to vacate any portion of the right of way previously dedicated so that it runs along the finally determined common boundary line. Notwithstanding the foregoing, if City has made improvements to the right of way prior to the final determination of the common boundary line and if Landowner desires to relocate the right of way, Landowner shall be responsible for all costs of relocation of such improvements. If Landowner does not elect to relocate the right of way and improvements made therein by City, the right of way shall remain as shown on the Final Plat. 1.A.2 Lease of 20 Acre Parcel Subsequent to the conveyance to City of the 20 Acre Parcel and prior to commencement of development activities on it for the Affordable Housing Component (defined below), Landowner shall have the right to lease the 20 Acre Parcel from the City for agricultural purposes. The rental amount shall be at prevailing rates for grazing and crop production land. Any Preannexation Agreement 29.7 �/X F_- such lease shall terminate at such time as City commences development of the Affordable Housing Component on the 20 Acre Parcel. During the term of such lease Landowner shall be entitled to use the water rights appurtenant to the 20 Acre Parcel to maintain its historic irrigation. 1.113 Zoning of Property proposed for Annexation Subject to all applicable processes and approvals, the parcel of land proposed for development shall be zoned as follows: Affordable Housing/Planned Unit Development (AH/PUD) pursuant to Section 26.710.110 of the Aspen Land Use Code, as amended from time to time, for most of the land within the Free Market Lots; zoning for (P) Public zone district uses (with a PUD designation) and a Specially Planned Area overlay to permit the City Council to consider cultural and academic activities within the Fathering Parcel (the "Cultural Use Area"); and (C) Conservation zone district (with a PUD designation) for most of the remaining land within the Fathering Parcel. A proposed zone district map of the Free Market Component is attached hereto as Exhibit H - Proposed Zone Districts. The detailed description of the Cultural Use Area uses and any restrictions or conditions concerning them shall be determined in the Final Plat land use review process and any subsequent amendments thereto, in the sole discretion of the City. It is understood that no high intensity agricultural uses such as hog farms, feed lots or large-scale animal or food processing operations will be permitted. The parties acknowledge that the AH/PUD zone district is an incentive zone district to provide for the use of land for the production of category affordable housing and resident occupied lots and units (as defined by the Aspen/Pitkin County Housing Authority Guidelines). The parties further acknowledge that the zone district requires that affordable housing and resident occupied units must comprise at least seventy (70%) percent of the total bedroom mix in the development (hereinafter the "Affordable Housing Component"). In addition, only thirty (30%) percent of the development's bedrooms may be located within the free market units (hereinafter the "Free Market Component"). 1.0 Development Rights The Development Plan anticipates and it is of the essence of this Agreement that the development rights and restrictions set forth below shall be applied for by the parties herein to the City's Community Development Department pursuant to and consistent with the standards and procedures set forth in the City's Land Use Code. In the event that by December 31, 2004, or such later date as may be mutually agreed upon by the parties hereto, the Aspen City Council does not approve the requisite land use applications with terms and conditions consistent with this agreement and other conditions reasonably acceptable to Landowner, this Pre -annexation Agreement shall be deemed null and void. 1.C.1 Free Market Lots Landowner shall have the right to develop a total of 12 free market lots, plus one ranch compound known as Lot F, the Fathering Parcel, and one cabin by Maroon Creek. The locations of the free market lots, the Fathering Parcel, and cabin site are shown on Exhibit B appended hereto. The right to build a cabin shall be subject, however, to Landowner 29.8 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission being able to satisfy reasonable requirements for the provision of fire and emergency services; provided, however that due to the desire to avoid direct, year round, road access to the cabin, alternative access such as via a stairway or funicular will be permitted and in such case the cabin shall be sprinklered, a fire hydrant, hoses and other non -vehicular fire fighting equipment shall be placed at or near the cabin and the Landowner shall execute a waiver and release of claims in favor of the City and all emergency service providers for any injuries, death, or property damage which may occur due to the absence of a year round road to the cabin. 1.C.2 Free Market Lots — FAR The allowable floor area of houses, exclusive of accessory buildings, on each of the 12 lots shall be 7,500 square feet. The allowable floor area of each house may be increased to 10,000 square feet with the purchase and extinguishment of a Transferable Development Right (TDR) from Pitkin County that may be, on the effective date of this Agreement, used in the Metro Area of Pitkin County (lands that drain through the Roaring Fork River at Gerbazedale); provided, however, that the City Council approves the specific TDR's to be used for this purpose. The floor area shall be measured by using the City floor area regulations for square footage inclusions and exclusions as calculated under the City code provisions in existence on June 1, 2000. A copy of such regulations is attached hereto at Exhibit I - Floor Area Calculations. In the event that TDR's are not available for purchase after a reasonable effort is made to do so, or the City Council rejects a specific TDR proposed for use by the land owner, a payment -in -lieu, in the amount of $200,000.00 plus an amount equivalent to any increase in the Consumer Price Index (hereinafter "CPI") as calculated by the method suggested by Exhibit K appended hereto, shall be made to the City's Open Space Fund in order to increase the allowable sizes of the houses up to the maximum stated herein. 1.C.3 Free Market Lots - sizes, landscaping, etc. The lot sizes within the Free Market Component shall be as shown on Exhibit B. Building envelopes and areas of potential disturbance during construction activity for each parcel shall be determined during the land use approval process contemplated herein. All urban landscaping within the building envelopes shall be limited to within 100 feet of building exteriors. Landscaping, ponds, fences, and ranch, farming, equestrian and recreational uses and accessory structures associated with equestrian activities shall be allowed outside of building envelopes on all lots. The remainder of the land within specific Lots, but outside of building envelopes shall be subject to protective covenants that limit its use to agricultural, equestrian, recreation, or open space uses or otherwise incorporated into ranch use. All lands that are subject to the protective covenants shall be limited to the above uses or shall be required to remain in their natural vegetative state. The term "natural vegetative Preannexation Agreement 29,9 �/X state" may include the introduction of indigenous plant and tree species. 1.C.4 Free Market Lots - Accessory Dwelling Units Each house within the Free Market Component, other than the Fathering Parcel, shall include an Accessory Dwelling Unit (ADU) with a minimum of 600 square feet and a maximum of 1,000 square feet. Each ADU required to be constructed shall be constructed at the same time as the construction of the house of the Free Market Component to which it is attributable. The ADU's shall be subject to the occupancy requirements and allowances of the City's ADU regulations in effect on June 1, 2000. A copy of such regulations is attached hereto at Exhibit J - ADU Regulations. The square footage of the ADU's shall not be included in the calculation of square footage for the free market units. The ADU's may be either attached to the main residence or may be detached. The requirement to build an ADU may be exempted with the purchase and extinguishment of a Transferable Development Right (TDR) from Pitkin County that may be, on the effective date of this Agreement, used in the Metro Area of Pitkin County (lands that drain through the Roaring Fork River at Gerbazedale), and which are acceptable by the City Council. In the event that TDR's are not available for purchase after a reasonable effort is made to do so, or the City Council rejects a specific TDR proposed for use by the land owner, a payment -in -lieu, in the amount of $200,000.00 plus an amount equivalent to any increase in the CPI, shall be made to the City's Housing Fund. (Each purchase and extinguishment of a TDR shall be designated for use as either an exemption of the requirement to build an ADU or to increase FAR.) 1.C.5 Free Market Lots: Maroon Creek Viewplane Construction on the free market lots shall not impact the "Maroon Creek Viewplane" as depicted on Exhibit B. The purpose of the Maroon Creek Viewplane is to ensure that no rooms, decks, or lighting create an adverse visual impact as viewed from the floor of the Maroon Creek Canyon in the area below each home site. The General Declaration of Covenants, Conditions and Restrictions to be imposed upon the free market lots shall include a covenant restriction requiring, prior to construction on any such lot, a site specific analysis by a certified surveyor or engineer demonstrating that the proposed construction does not impact the Maroon Creek Viewplane. The City of Aspen shall be a beneficiary of this covenant. _ 1.C.6 The Fathering Parcel The Fathering Parcel shall be permitted to have one main residence, up to three (3) additional residences and one cabin. The final PUD Agreement shall contain a provision that prohibits any further subdivision of the Fathering Parcel, except that the subdivision and separate parceling of the Cultural Use Area (referred to in paragraph 1.6 above) and a separate parcel for the Ranch Manager's RO Lot (referred to in paragraph 1.C.12 below) are permitted. The allowable floor area for the M. 29.10 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission residences on the Fathering Parcel shall be a total of 15,000 square feet for a main residence and up to three (3) other residences. The total FAR of 15,000 square feet may be increased to a total of 18,000 square feet with the purchase and extinguishment of two (2) TDR's from Pitkin County, or at the option of the lot owner, a payment -in -lieu, in the amount of $200,000.00 for each TDR plus an amount equivalent to any increase in the CPI per TDR, may be made to the City's Housing Fund or Open Space Fund (at the discretion of City Council) in order to increase the allowable sizes of the houses up to the maximum stated herein. The total FAR may be divided among the four houses at the option of Landowner. The Cabin located at the Cabin site as shown on Exhibit B, shall have an allowable floor area of 1,500 square feet. Floor areas shall be measured by using the City floor area regulations for square footage inclusions and exclusions as of June 1, 2000. See Exhibit 1, attached hereto for Floor Area regulations. All non-residential ranch buildings shall be excluded in the calculation of permitted floor area. City acknowledges and agrees that the rights granted hereby for development on the Fathering Parcel are exempt from the City's GMQS due to the extent of the lawful pre- existing development and residential uses on the -/X Ranch, which has 11grandfathered" legal status under current Pitkin County Zoning and pursuant to the provisions of the AH/PUD Zone. Notwithstanding the above, if any existing residential unit on the Fathering Parcel is replaced with a new unit that exceeds 4,000 square feet in area, then, as described in Section 4 above, an ADU shall be either constructed or be exempted by the purchase and extinguishment of a TDR from Pitkin County or by the cash in lieu payment of $200,000.00 plus an amount equivalent to any increase in the CPI, in the same manner as for other Free Market Units. 1.C.7 Fencing All fencing in or surrounding the free market lots shall be of a design, type and material that is approved by the Colorado Division of Wildlife as consistent with ranch operations and which does not unreasonably impede the movement of wildlife, except that fencing along Old Stage Road and fencing between the Free Market Component and the 20 Acre Parcel may be installed which protects agricultural operations, including, without limitation, the grazing of cattle and horses, and other land uses, from interference by trespassers. 1.C.8 The Cabin The site of the cabin shall be as shown on Exhibit B, which site shall be subject to Sec. 26.435.040 of the City of Aspen Land Use Code or any other provisions of said Code related to aesthetics, wildlife migration corridors, trail development, river impacts and other similar matters. Any change in the location of the cabin site may require, if applicable, its development to be reviewed and approved by the Planning & Zoning Commission pursuant to the standards of review set forth at Section 26.435.040 of the City of Aspen Land Use Code or any other applicable provisions of said Code related to aesthetics, wildlife migration corridors, Preannexation Agreement 29.11 river impacts and other similar matters in effect on the date of this Agreement. Landowner understands that construction of the cabin may cause unreasonable disturbance to wildlife during year. Accordingly, Landlord agrees to limit the con tr ct onl of he cabin to those periods of time determined to be reasonable by the City during the land use approval process. Followingh Landowner shall be responsible for thecomplete construction resto ation ofcabin construction access roads or utility access easements required during construction. The lot containing the cabin shall be burdened with restrictive covenants that (1) if approved by the Fire Marshall pursuant to paragraph 1 C.1 above, prohibit the construction of a future access road to the cabin site; (2) limit lighting of the cabin to periods of time when it is occupied; (3) prohibit dogs on the cabin site at all times; and (4) limit exterior construction to the months year. of July through September of each 1.C.9 Vested Rights The land use approvals and GMQS allotments received b Landowner shall vest for a period of twenty-five ( 25longer may be allowed under an applicable licablelaw, years regulation or court decision The vested rights shall last fora period of 25 years after the date the fin PUD and subdivision plat is recorded. Such vesting shall apply to all the rights and entitlements set forth in this Agreement and the final development order for the Free Market Component. As a condition of the annexation of the -/X Ranch, the parties shall enter into a development agreement that sets forth the requisite findings to support of vested rights in accordance with CRS 24-68-104(2) this extension 1.C.10 Further Subdivision Except as permitted b paragraph I.C.6 above the Component, including the FatheringPar el, shall be' deed restricted stricted in perpetuity against any further subdivision, except that this restricts ree Market not limit an amendment to the development plan which results in residential density that is equal to or less than the densityapproved on shall this Agreement and the final development plan for the -/X Ranch. under 1.C.11 Vacation of Stage Road Stage Road may be a Pitkin County Road. The City, following annexation of the Bar/X Ranch shall vacate boundary of the Soldner propertyStage Road east of the eastern construction of the access road referenced at Section 1.A.1.b. nd y area required for the provided, however, that adequate above; other properties served by Stage provisions are made to ensure that are not financially harmed b an Road (Caudill and Harvey properties) for access to properties and that mainten nce of the aroadgwinew ll besundertaken withoult additional cost to the Caudill and Harvey properties at their densities as they existed on May 21, 2001. Following the vacation of said portion of Stage Road, non-exclusive easements shall be granted for access and 0 29.12 Bar Slash X Ranch LLC -Annexation and Stage Road PUD------------- /Subdivision: Fin al Submission underground utilities to the Harvey and Caudill properties. The portion of Stage Road sought to be vacated and the location of the easements to be granted are illustrated on Exhibit "B" appended hereto. 1.C.12 Ranch Manager's RO Lot City shall approve one residential lot, zoned AH/PUD, contiguous to Burlingame Village on land owned by Landowner for a single Resident Occupied Unit, as shown on Exhibit B ("Ranch Manager's House"). This lot shall remain the property of Landowner, except if sold to the Ranch Manager, and shall have the right to connect to (1) the Burlingame Village public road system, and (2) adjoining Burlingame Village utilities. Landowner shall have the right to use this lot in any manner allowed by the City of Aspen Municipal Code and the Aspen/Pitkin County Affordable Housing Guidelines, including retaining or disposing of title provided that the lot is occupied by an employee engaged for employment on the -/X Ranch. Before the recordation of the final Plat, Landowner shall prepare for the City Attorney's review, a deed restriction consistent with this paragraph to be recorded for this RO unit. Said RO unit shall not be counted towards the 330 units proposed as part of the Affordable Housing Component of the project. The cost of building the RO unit shall be borne entirely by Landowner, including the cost of any utility lines such as water, electric, cable, etc. 1.C.13 Water Rights The Free Market Component, including the Fathering Parcel and Resident Owned Ranch Manager lot, and the Cabin, shall receive City water in accordance with the Water Service Agreement appended hereto as Exhibit F. Among other things, the Water Service Agreement provides that Landowner shall convey to the City (in a form acceptable to the City Attorney) certain water rights described on Addendum 1 (the "Dedicated Water Rights" and the "Dedicated Raw Water Rights.") Such conveyance shall be a prerequisite to provision of water service pursuant to the Water Service Agreement. The City and Landowner agree that said water rights are believed to be sufficient in quantity and quality to allow the City to divert a quantity of water which is necessary, without administrative curtailment, to meet the amount of water required for treated water needs of the Free Market Component, including the Fathering Parcel, Resident Owned Ranch Manager lot, the Cabin and the raw water requirements for irrigation of the open space associated with the Affordable Housing Component, as conditioned and described in further detail in the Water service Agreement attached hereto. Notwithstanding the foregoing, the cabin shall have the right to be served by an individual well and if such well is provided, the water rights otherwise attributable to the Cabin need not be conveyed to the City, or if they have been conveyed prior to the time said well is put to beneficial use, then such rights shall be reconveyed by City to landowner. There shall be no material enlargement of historic water use on the Property to be Annexed. The parties acknowledge that there may be reconfiguration of areas irrigated, means XPreannexation Agreement 29.13 of irrigation, and water uses. Landowner shall be solely responsible for obtaining any water rights, changes of water rights, and augmentation plans necessary to permit storage of water for any requirements or needs of the Free Market area. In connection with its conveyance of water rights to the City, Landowner shall contemporaneously convey to the City (in form mutually acceptable to the City Attorney and - Landowner) a proportionate interest in any ditches, flumes, headgates or other structures and easements, or rights therein, necessary to utilize such water rights. Such conveyance shall be a prerequisite to provision of water service to the Subject Property. Landowner will also contemporaneously provide to the City all information in its possession, or available to it, regarding the historic use of said water rights, including well pumping records, diversion records, irrigation records, aerial photographs, affidavits, and all other available information concerning the use of said water rights. City shall, through the Willow and Herrick Creek Ditch Company or by other means agreeable to both parties, pay its fair share of operating, maintenance, management, professional and legal costs associated with the provision of surface irrigation water to the 20 Acre Parcel through the Willow Creek Ditch and other distribution ditches. 1.C.14 Transportation Demand Management The parties hereto understand that it is the intention of each to develop a project that reduces the use of the automobile. Accordingly, it is the intention of the parties hereto to consider during the land use approval process, certain automobile disincentives programs commonly referred to as Transportation Demand Management systems (TDM's). 1.C.15 Green Construction The construction of residences within the Free Market Component shall comply with or exceed the provisions of any ordinances adopted by City requiring environmentally appropriate construction (also known as "green" construction) techniques, materials and design, that are generally applicable throughout the City to all residential construction, as the same may exist from time to time. 1.D Affordable Housing Development Obligations The City shall assume all obligations and associated costs to develop the Affordable Housing Component of the AH/PUD zone district. The Affordable Housing Component shall be built within the parcel to be conveyed by the Landowner to the City and within an adjacent area of the Burlingame Ranch. The affordable housing to be constructed shall be located in the general area within the acreage as illustrated in Exhibit "B"; the exact location to be determined during final planning and design. The City agrees that the conveyance of the acreage by the Landowner to the City and the City's obligation to improve such 10 29.14 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission land and plat it into lots, fully satisfies all obligations of the Landowner to provide the affordable housing necessary to support its Free Market Component development and that such conveyance and method of satisfying such obligations fully complies with all applicable City housing and land use regulations and Aspen/Pitkin County Housing Authority regulations. The Affordable Housing Component shall be developed at a density of no greater than 330 units. The parties agree that the City is responsible for constructing the minimum number of affordable housing bedrooms necessary to comply with the requirements of the AH/PUD zone district, based upon the 70/30 bedroom ratio. The City retains the right, in its sole discretion to develop additional units up to the maximum of 330 units, including the required affordable units referred to above. The City's obligation to develop affordable housing units shall include a good faith effort to develop such units on a schedule commensurate with the development of free market units by the Landowner. The City shall receive a Certificate of Occupancy for three (3) affordable housing units at or before the time each free market lot development receives final building inspections, until such time as the City has developed the minimum number of affordable housing required by the AH/PUD zone district. The development of the free market residential lots shall not be delayed or hindered in any way in the event the City fails to develop the affordable housing units in accordance with this Agreement. 1.E Conservation Easements on Burlingame Ranch 1.E.1 City shall place conservation easements to the benefit of the City and the Aspen Valley Land Trust or other similar organization that prohibit further residential development on all of the Burlingame Ranch east of State Highway 82, except the Development Parcel, Parcel B (the MAA housing project), Parcels C and D (US West and Ventnor Avenue Housing projects) and a 150 foot wide strip or to the toe of the slope (whichever is wider) of the Burlingame Ranch which adjoins highway 82. The conservation easement shall protect open space values and its terms shall be determined during the land use approval process for the Affordable Housing Component. Exhibit B to this Agreement is hereby amended by the exclusion of the Back Bowl from the "New Conservation Area" shown thereon. 1.E.2 Conservation Easements - Additional Beneficiary The consent of the owner of the Fathering Parcel shall be required for any amendment to the conservation easements placed on the Burlingame Ranch by the City as contemplated by paragraph 1 E.1 above, which changes the allowed use of the areas as permitted in the conservation easements. Landowner shall be named as a beneficiary of these conservation easements in order to exercise such rights. 1.F Dogs In order to protect wildlife, ranch cattle, horses and other livestock from 11 Preannexation Agreement 29.15 �/X harassment, the General Declarations of Covenants, Conditions and Restrictions to be imposed on both the Free Market and Affordable Housing Components shall include provisions and penalties that prohibit dog ownership (other than farm dogs belonging to owners or employees of the Fathering Parcel and specially trained service dogs for use by visually impaired persons or persons with other medical needs.) The respective homeowners associations shall be required through appropriate covenants to vigorously enforce these restrictions. No dogs shall be allowed on the cabin site, including dogs belonging to the owners of the Fathering Parcel. - 1.G Parks and Play Fields City may construct play fields, including without limitation, baseball or soccer fields, within the land conveyed by Landowner to City. The City shall neither include any such fields as part of the City's recreation program nor shall the City schedule any organized activities of the City on these fields. Members of the homeowners association shall convey title to any such fields to the homeowners association of the Affordable Housing Component with appropriate covenants ensuring maintenance and enforcement of regulations for their use. 1.H Joint Planning of the Property proposed to be Annexed The parties recognize that, notwithstanding their understanding regarding the development proposal and potential affordable housing obligations set forth above, additional planning and design will be required before final land use applications can be submitted to the City's Community Development Department. The parties hereto agree to cooperatively and jointly plan and design the development of the Affordable Housing and Free Market Components of the Property Proposed to be Annexed in a manner consistent with this Agreement and the exhibits appended hereto. The parties further agree that they will perform their obligations under this agreement in a timely fashion. 1.H.a City's Costs The City shall be responsible for the cost of filing fees and preparing all documents and applications for the following: 1 Pre -annexation Agreement 2 Annexation Petition and Plat 3 Rezoning Application for initial AH/PUD designations and zoning code amendments 1.H.b Joint Costs The City and Landowner shall be jointly responsible for the cost of obtaining any site -specific development plan approvals. The City shall be responsible for those costs directly attributable to the Affordable Housing Component, and Landowner shall be responsible for those costs directly attributable to the Free Market Component, including the Fathering Parcel. Where costs are incurred for items that are attributable to both components and cannot be directly apportioned to one or the other, the costs shall be apportioned on an equal (50/50) basis. 12 29.16 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission 1.H.b.1 Notwithstanding the foregoing, Landowner shall have the right to process its development applications (including all related annexation, rezoning and land use applications) for the Free Market Component, separately from and before the City processes its development applications for the Affordable Housing Component. Provided Landowner satisfies its obligations under the Agreement and this Amendment, City shall promptly complete the land use approval, annexation and rezoning processes and execute and record all approvals and related documents therefor for the Free Market Component in accordance with the Agreement and this Amendment and City shall construct roads and utilities as required by the Agreement, regardless of whether or not the City has completed its development processes for the Affordable Housing Component. Landowner shall not be required to provide detailed engineering design of either potable water (as already agreed in the Water Service Agreement attached hereto at Exhibit F) or sanitary sewer, in its final plat submission, and all final approvals, annexation and establishment of vested rights shall not be delayed as a consequence of this. Sewer service engineered plans shall be prepared in the same manner and according to the same timetable as the potable water service plans described in the Water Service Agreement. The Final Plat shall show areas reserved for future easements to be granted to City for the placement of said utilities. Once the precise, as built, location of said utilities is known, easements shall be granted, twenty -feet in width for deep utilities and ten feet in width for shallow utilities, along their as built location and as specified in the Water Service Agreement (attached as Exhibit F hereto). Areas reserved on the Final Plat for these easements which are larger than these widths shall be vacated. Notwithstanding the separate processing of the Free Market Component from the Affordable Housing Component, Landowner remains interested and affected by the development plan for the Affordable Housing Component. Therefore, Landowner shall be given notice of all meetings, public hearings and work sessions concerning the development plan for the Affordable Housing Component and an opportunity to provide comment on such development plan. 1.H.b.2 City agrees that it shall schedule and process any necessary hearings, meetings or work sessions to consider and take formal action upon Landowner's applications for all land use approvals necessary to achieve annexation, rezoning and Final Plat approval for the Free Market Component, in a timely and diligent manner. City agrees to schedule a work session during the month of January 2002 and shall thereafter continue to process said application in a prompt manner with a priority for its placement on City council agendas. Landowner agrees to prepare 13 Preannexation Agreement 29.17 and submit for processing such application in a timely and diligent manner. 1.H.c Conservation Easements Areas within the Property Proposed for Annexation and Burlingame Ranch that shall be reserved for conservation easements, including easements on irrigated lands, the Maroon Creek corridor, and portions of Burlingame Ranch are identified on Exhibit "B". Once the annexation has taken place and the Appeal Period, as defined at Section 20, below has expired, or any other matter which affects the development, having been challenged, the parties agree to execute all requisite easement documents containing terms and conditions which are established during the land use review process for the final development approvals for the Free Market Component. City's consent shall be required for any amendment to these conservation easements, which changes the allowed use of the areas as permitted in the conservation easements. City shall be named as a beneficiary to these conservation easements in order to exercise such rights. 1.H.d Public Trails The parties agree that no public trails shall be required to be dedicated or created within the Property Proposed to be Annexed, except that trails shall be located within the right-of-way of the entry road to the Burlingame Ranch from Stage Road to the Affordable Housing Component. Exhibit "B", appended hereto illustrates the location of all proposed trails. Said trails shall be designed and built in conformance with trail standards established by City's Parks Department for various trail types based on proposed usage, terrain and costs and shall be maintained at City's sole cost and expense. City shall undertake reasonable efforts to create a trail through property previously owned by the Aspen Valley Land Trust, connecting the Burlingame Ranch to the Aspen Airport Business Center. The parties agree that the parties shall adopt a Trail Management Plan for all trails within the Affordable Housing Component as part of the land review process for the project. 1.H.e Cost of roads, utilities and trails City, at its sole expense, shall construct and install such roads, utilities and trails as are required for the construction of the Affordable Housing Component. Where such utilities shall also serve the Free Market Component they shall be sized to accommodate both. Not later than thirty (30) months (which may be extended by mutual agreement of the parties) after the recording of the final plat map for the Free Market Component, City, at its sole expense, shall have extended roads and utilities to the locations shown on Exhibit D. City shall be reimbursed by Landowner for one-third of Landowner's share of the total installation cost of the particular utilities provided at the time of issuance of a building permit for the first of the 12 free market lots which applies for a building permit. Landowner shall reimburse City an additional one-third of Landowner's 14 29.18 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission share of the total installation cost of the particular utilities so requested and provided at the time of issuance of a building permit for the second of the 12 free market lots which applies for a building permit. City shall be reimbursed the remaining amount of Landowner's share of the total installation cost of the particular utilities so provided at the time of issuance of a building permit for the third of the 12 free market lots. Said reimbursement shall be made together with interest at the rate of 8% per annum computed from the date said funds were advanced by City to the date of reimbursement. In addition, at the same time as reimbursements are required as set forth above (i.e., one-third each at the first, second and third building permits), Landowner shall reimburse for Landowner's share of the cost of installation of utilities provided to the Property to be Annexed which are to be shared by the Affordable Housing Component and the Free Market Component, including the Fathering Parcel, including, without limitation, any redundant looped segments which are constructed for the primary benefit of the Free Market Component and the Affordable Housing Component, based on the ratio of ECUs in the Free Market Component, including the Fathering Parcel, to the ECUs in the Affordable Housing Component. The Water Service Agreement, (Exhibit F), contains estimates of the number of ECU's in the Free Market and Affordable Housing Components. In the event the Cultural Use Area is approved for development, the ECU calculations, any necessary water conveyance from Landowner, and any other water related charges or calculations specified in the Water Service Agreement (Exhibit F) shall be adjusted to account for this additional usage. Adjustments to the initial charge for the Free Market Component shall be made upon final construction of all residences in the Free Market Component. An "ECU" as defined in the Aspen Municipal Code, is a "unit reflecting that part of the capacity of the [City] water system necessary to serve a standard water customer, with multiples or fractions of the unit including a maximum number and type of water fixtures, a maximum irrigated area, certain cooking facilities, or other water demand factors." Aspen Municipal Code § 25.08.060(e). Shared utility segments are shown on Exhibit D. Notwithstanding the foregoing, City and Landowner agree that unless sooner paid according to the terms set forth above, Landowner shall reimburse City for its share of the costs of the particular utilities provided and the costs of the utilities to be shared with the Affordable Housing Component and the Free Market Component as described above, not later than the fifth anniversary of the completion and activation of said utilities, subject to any subsequent adjustments as provided above. 1.H.f Access and Utility Easements The access to the Affordable Housing Component of the Development Plan shall be either across Landowners property as shown on Exhibit B or through a different road alignment westerly of the Soldner property, as shall be determined through the land use review process for the Affordable Housing Component. If the alignment is determined through 15 Preannexation Agreement 29.19 �/X said process to be as shown on Exhibit B, Landowner shall convey the access road right-of-way easement shown on Exhibit B and an underground utility easement to the City. The right-of-way easement shall be a maximum of sixty (60) feet wide which shall accommodate a road, parallel trail, and a berm with a height of five feet above the adjacent finished grade of the road along the boundary of the Free Market Component, or some other landscape solution mutually acceptable to City and Landowner that is designed through natural landscape design that considers protection of the- adjacent agricultural use from traffic impacts. The parties shall endeavor on a best efforts basis during the land use review process to minimize the width of the right-of-way to accommodate the uses proposed in the previous sentence. The final design of the access road and its related components and landscaping shall be developed through the land use approval process. The road shall be built in accordance with any requirements imposed by the Fire Marshal. The easement shall also entitle City to use it to serve property owned by City adjacent to the 20 Acre Parcel and a connection from Stage Road to the Aspen Airport Business Center. Notwithstanding the foregoing, City shall have the right to establish a pedestrian trail to serve the Affordable Housing Component that is along an alignment extending to the Aspen Airport Business Center that may be used in the future for electric vehicles (including golf cart type vehicles), provided that motorized vehicles are prohibited access to the public streets within the Aspen Airport Business Center from the end of any such trail where the same abuts the Airport Business Center. Notwithstanding the access road shown on Exhibit B to this Agreement, said Exhibit B is not intended to specify the location of internal roads within the 20 Acre parcel necessary to serve the Affordable Housing Component nor to limit City's ability to extend the roads through the 20 Acre Parcel to serve lands adjacent thereto presently owned by City. 2 Schedule for Annexation 2.a Upon execution by the parties of this Agreement, City shall, at its cost, prepare an annexation map of the Property Proposed to be Annexed. 2.b Upon completion of the annexation map, Landowner shall execute the Petition to Annex appended hereto as Exhibit C. Said petition shall be conditional upon the terms and conditions of this Agreement. 2.c City shall prepare, at its cost, all requisite documents and applications necessary to annex the Property Proposed to be Annexed, and a rezoning application to re -zone the Property Proposed to be Annexed to the AH/PUD zone district and the amendments thereto referred to in paragraph 1 B above (conditional upon annexation). 2.d City shall initiate, at its cost, annexation and the re -zoning application in 16 29.20 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission accordance with the City's Land Use Code. 2.e Upon conditional approval of the re -zoning application the City and Landowner shall cooperatively and jointly prepare, at their joint expense, as provided for in this Agreement, an application for a Development Order for both the Affordable Housing and Free Market Components of the Development Plan meeting all the requirements of the City's Land Use Code. The application for a Development Order shall specifically state that all land use approvals shall be conditional upon annexation of the Property Proposed to be Annexed. 2.f Upon the granting of all requisite land use approvals by the Aspen City Council, evidenced by the adoption of an appropriate Ordinance (conditional upon annexation of the Property Proposed for Annexation) that is consistent with the Development Plan, City shall annex the Property Proposed to be Annexed into the municipal boundaries of the City. 2.g Landowner and City shall execute at the conclusion of the Appeal Period (as defined at Section 20, below) following the date of annexation, a Subdivision and Planned Unit Development Agreement which incorporates the terms and conditions of the Development Plan as finally approved by the issuance of a Development Order. The Subdivision and Planned Unit Development Agreement shall include standard City Terms and Conditions relating to plats, wastewater and surface drainage, utility connections, trash and recycling removal, snow removal, fire sprinklers, sidewalk and trail construction and maintenance, driveway, curb and gutter improvements, street lighting, excavation plans, parking and staging areas, street construction, and maintenance, stream bank disturbance mitigation, dust control measures, setbacks, as -built drawings, fireplaces and woodstoves, residential design standards, survey monumentation and restrictions, exterior lighting, school land dedication fees, park dedication fees, landscaping improvements, financial security for public improvements and landscaping, and other similar matters normally and routinely included in such agreement, except as such matters are specifically addressed otherwise in this Agreement, the Development Order or the zoning for the annexed areas. City also agrees that, because of its rural character and location outside of the City's street grid system, the Residential Design Standards of Chapter 26.410 of the Aspen Land Use Code, and the requirements for street paving, sidewalks, the Fathering Parcel. Landowner, as part of the land use approval process shall propose and agree to adopt design standards that are appropriate for the Free Market Component. The homeowners' association for the Free Market Component shall be responsible through covenants running with the land to enforce the adopted design standards. 3 Landowner's Obligation Landowner hereby agrees to annex the Property Proposed to be Annexed into the municipal boundaries of the City of Aspen upon the terms and conditions set forth in this Agreement. Landowner hereby agrees not to withdraw its consent to annex or to 17 /X Preannexation Agreement 29.21 +ter thereafter petition to de -annex provided all of the terms and conditions of this Agreement are met. Landowner shall grant all easements to the City necessary for access or utilities as shown on Exhibit B. 4 City's Obligation 4.a City's Obligation with Respect to Annexation City agrees to annex the Property Proposed to be Annexed provided all of the terms and conditions of this Agreement are met. The parties acknowledge that annexation and zoning are subject to the plenary legislative discretion of the City Council of the City and the rights of referendum and initiative reserved unto its citizens. Notwithstanding any language to the contrary contained in this Agreement, no assurances of annexation or zoning have been made or relied upon by Landowner. 4.b City's Obligation with Respect to Access City shall provide sufficient legal and physical vehicular and pedestrian access to the Burlingame Ranch and the -/X Ranch so that the development of the Affordable Housing and requisite Free Market Components contemplated by this Agreement can be undertaken. If necessary, City shall utilize its condemnation powers to obtain such access at its sole cost and expense. City shall not enter into any agreement nor permit any action to occur by it or third parties which will, or may, diminish or alter the existing access rights and conditions pertaining to the Land to be Annexed, without obtaining the prior written consent of Landowner. Prior to the conveyance of the 20 Acre Parcel to City, City shall provide to Landowner evidence of such access, and if necessary written conveyances, agreements and/or confirmations of such access rights from - owners of land or easement rights over which such access runs, which shall, in Landowner's reasonable judgment, demonstrate that Landowner has a present, enforceable right to such access. In the event City fails to provide such access, Landowner may, at its option, nevertheless, convey the acreage to City and if such conveyance is made, Landowner shall have the right to process and obtain approval for the Free Market Component of the development and City shall be responsible for providing the minimum number of affordable housing units necessary for the free market development to comply with the requirements of the AH/PUD zone district. 5.a In the event that, any action herein contemplated is not taken by the City, then Landowner's remedies for the breach hereof may include the withdrawal of the annexation petition by Landowner, the right to reimbursement for Landowner's costs and fees, including reasonable attorney fees, incurred in the negotiation, drafting and/or Landowner's performance of this Agreement or in Landowner's performance of any acts required of City hereunder and all the costs incurred as a result of City's breach, including, without limitation, the preparation and processing of the development plan, and any attorney fees 18 29.22 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission accordance with the City's Land Use Code. 2.e Upon conditional approval of the re -zoning application the City and Landowner shall cooperatively and jointly prepare, at their joint expense, as provided for in this Agreement, an application for a Development Order for both the Affordable Housing and Free Market Components of the Development Plan meeting all the requirements of the City's Land Use Code. The application for a Development Order shall specifically state that all land use approvals shall be conditional upon annexation of the Property Proposed to be Annexed. 2.f Upon the granting of all requisite land use approvals by the Aspen City Council, evidenced by the adoption of an appropriate Ordinance (conditional upon annexation of the Property Proposed for Annexation) that is consistent with the Development Plan, City shall annex the Property Proposed to be Annexed into the municipal boundaries of the City. 2.g Landowner and City shall execute at the conclusion of the Appeal Period (as defined at Section 20, below) following the date of annexation, a Subdivision and Planned Unit Development Agreement which incorporates the terms and conditions of the Development Plan as finally approved by the issuance of a Development Order. The Subdivision and Planned Unit Development Agreement shall include standard City Terms and Conditions relating to plats, wastewater and surface drainage, utility connections, trash and recycling removal, snow removal, fire sprinklers, sidewalk and trail construction and maintenance, driveway, curb and gutter improvements, street lighting, excavation plans, parking and staging areas, street construction, and maintenance, stream bank disturbance mitigation, dust control measures, setbacks, as -built drawings, fireplaces and woodstoves, residential design standards, survey monumentation and restrictions, exterior lighting, school land dedication fees, park dedication fees, landscaping improvements, financial security for public improvements and landscaping, and other similar matters normally and routinely included in such agreement, except as such matters are specifically addressed otherwise in this Agreement, the Development Order or the zoning for the annexed areas. City also agrees that, because of its rural character and location outside of the City's street grid system, the Residential Design Standards of Chapter 26.410 of the Aspen Land Use Code, and the requirements for street paving, sidewalks, curbs and gutters, shall not be applied to the Free Market Component, including the Fathering Parcel. Landowner, as part of the land use approval process shall propose and agree to adopt design standards that are appropriate for the Free Market Component. The homeowners' association for the Free Market Component shall be responsible through covenants running with the land to enforce the adopted design standards. 3 Landowner's Obligation Landowner hereby agrees to annex the Property Proposed to be Annexed into the municipal boundaries of the City of Aspen upon the terms and conditions set forth in this Agreement. Landowner hereby agrees not to withdraw its consent to annex or to 17 /X Preannexation Agreement 29.21 a 9 No Third Party Beneficiaries It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and Landowner and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intention of the City and Landowner that any person other than the City, or Landowner receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 10 Governing Law and Enforcement This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowledge that this Agreement may be enforced at law or in equity as a contractual obligation consistent with annexation agreements. Thus, this Agreement is intended to provide a contractual relationship between the City and the Landowner to ensure compliance with all rights and requirements contained herein. In addition to any other available remedies, it is understood and agreed that the City may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for any lot within the Property Proposed to be Annexed in the event of a breach of this Agreement by the Landowner. The prevailing party in any litigation between Landowner and City concerning this Agreement shall be entitled to an award of its attorney fees and costs. 11 Additional Documents or Action The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. 12 Execution in Counterparts This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 13 Paragraph Captions The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 14 Integration and Amendment This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. Only an instrument in writing signed by the parties may amend this Agreement. 15 Assignment All or part of the rights, obligations or responsibilities set forth in this Agreement may be assigned by the Landowner to an entity in which the Landowner or its affiliates have an interest, without requiring the consent of the City. 16 Severability Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall 20 29.24 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission not affect the validity of any other provision of this Agreement, except that if such invalidation diminishes the rights of Landowner, Landowner may elect to terminate this Agreement and render it null and void. 17 Recordation of Agreement: Terms Run With The Land The City shall record this Agreement with the Clerk and Recorder's Office of Pitkin County. The City shall pay the reasonable cost of recordation of this Agreement. The terms, conditions, rights and benefits of this agreement shall run with the lands to be annexed hereunder. 18 Incorporation of Exhibits Unless otherwise stated in this Agreement, exhibits referenced in this Agreement shall be incorporated into this Agreement for all purposes. 19 Actions against Annexation and Development In the event that any person, corporation, special district, municipal or county government, or any other entity or person asserts any claim against the City, its officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act, C.R.S. § 31-12-101 et seg., or asserts any other claim, based on any theory of law whatsoever, challenging the rezoning and development of the -/X Ranch, or the approval of the Development Plan as contemplated by this Agreement, City shall vigorously defend against such an action and may consent to and permit the entry by the court of an order voiding the annexation or reach another means of settlement of claims, provided that no consent to an order voiding the annexation or settlement which adversely affects the Landowner's rights hereunder or under any development approvals contemplated hereby, shall be entered into without Landowner's written consent. City's defense of any such action(s), shall also include the vigorous defense, at its sole cost, of the interests of the Landowner. If by reason of such suit this Agreement is found to be void or unenforceable, then as between City and Landowner, this Agreement shall become null and void, and if at such time the annexation of the -/X Ranch has already occurred, City shall, upon a petition for de -annexation submitted by Landowner, approve the de -annexation of the -/X Ranch and, if the acreage conveyed by Landowner has been conveyed to the City then City shall re -convey the acreage to the Landowner. 20 Appeal Period Any time period established by this Agreement upon one or the other party to take any action shall be suspended until the expiration of any jurisdictional appeal time for the initiation of a judicial challenge to any action taken by the City or the time permitted for the initiation of an initiative or referendum challenge. If the annexation of the Property Proposed to be Annexed, any requisite land use approval, or any action required by the City is challenged by a referendum or initiative, or is subjected to a judicial court proceeding, all provisions of this Agreement, together with the duties and obligations of each party, shall be suspended pending the outcome of the election or court proceeding (including any appeals). If the referendum, initiative, or court challenge results in disconnection of the Property Proposed to be Annexed from the City, then this Agreement shall be null and void and of no further effect. If the referendum, initiative, or court challenge fails, then the parties shall continue to be bound by all of the terms and provisions of this Agreement and any other agreements made in connection therewith. 21 IL it Preannexation Agreement 29.25 21 Title Whenever there appears a requirement to dedicate or convey land to the City, Landowner shall provide a title policy that shall indicate that the property is free and clear of all encumbrances whatsoever which would impair the use of the property as proposed in this Agreement or in any further document. Further, said title policy shall show that the property to be dedicated or conveyed to the City is free and clear of all encumbrances which would make said dedications or conveyances unacceptable to the City as the City, in its sole discretion, determines. Should such title policy reflect encumbrances that may impair the use of .the property as proposed or which would make the dedications or conveyances unacceptable, the City may take whatever action or seek whatever remedies it deems advisable, including without limitation disconnection from the City of the Property Proposed to be Annexed, if already annexed into the City, withholding of any development reviews, or declaring this Agreement null and void however City shall not have any right to seek damages against Landowner. 21 Property Tax Valuation Any owner of a lot within the Free Market Component, other than lots within the Fathering Parcel, who improves a lot or lots with residential improvements which result in a new property tax classification for such lot or lots based on a change of use from agricultural to residential shall be forever barred from subsequently applying for reclassification of such lot or lots to anything other than a "residential real property" category for property tax valuation and assessment purposes, as such term is defined and applied in Section 39-1-102, et seq., C.R.S. List of Exhibits Exhibit A Legal description of -/X Ranch proposed to be annexed Exhibit B Map of area including Back Bowl and Zoline -/X Ranch Exhibit C Petition to Annex - (Standard City of Aspen petition for annexation) Exhibit D Utility Location Map Exhibit E Intentionally Left Blank Exhibit F Water Service Agreement Exhibit G Intentionally Left Blank Exhibit H Proposed Zone Districts Exhibit I Floor Area Calculations Exhibit J ADU Regulations Exhibit K Consumer Price Index Calculation Method Exhibit T-A Land Acquired by Quiet Title Action 22 29.26 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission ATTEST: CITY OF ASPEN, a municipal corporation APPROVED AS TO FORM: STATE OF COLORADO ) )SS. COUNTY OF PITK]N ) Acknowledged before me this 7 day of 2003, by in his/her capacity as of My commission expires: /X Preannexation Agreement 29.27 a 4 { LANDOWNER Bar/X LLC, a Colorado Limited Liability Company By: Gary inkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust. STATE OF COLOWO ) )ss. COUNTY OF PITKIN ) L"S J�nG•QI �S •J Acknowledged before me this I CC day of Juy\u 1 2 , by � no.- L • M n in WN/,bier capacity as O jo CC— ' of �Gl�i•t'omj n I C de�yt �� Lo�.[�C) Notary My commission expires: I L/f � ( 7 10a � ANALRM c«„�, • � vTooy Noby ram. t:anaria LM Angelus C—+y My cam,. b�ia a.l 17, 2004 -27- 29.28 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission Exhibit A: Legal Description of Bar/X Ranch proposed to be Annexed Bar Slash X Ranch and Stage Road PUD/Subdivision Property Description A parcel of land situated in Sections 2 & 11, Township 10 South, Range 85 West of the 6th Principal Meridian, County of Pitkin, State of Colorado. Said parcel of land being more particularly described as follows: . Beginning at a point on the northeasterly Right -of -Way line of Colorado State Highway No. 82 (Project Number: 0821-051 Unit 1) said point being the northeasterly corner of parcel number 120, Project Code 12269 of the Colorado Department of Transportation, whence the 1 /4 corner common to said Sections 2 & 11 bears N. 10'21'54" E., 708.68 feet being a found 1954 B.L.M. Brass Cap in place; thence along said northeasterly Highway Right -of -Way line N.60°10'52"W., distance of 178.00 feet to a point on the boundary line of Golf Course Parcel A, as shown on the Final Plat and P.U.D. for Maroon Creek Club, recorded on Plat Book 33, Pages 4 through 15 of the Pitkin County Records; thence leaving said northeasterly right-of-way line along the boundary line of said Golf Course Parcel A the following nine (9) courses: 1) N.01'48-31 "E., a distance of 915.83 feet; 2) N.35"31'27"W., a distance of 725.00 feet; 3) N.08"06'25"E., a distance of 762.37 feet; 4) S.88°59'33"W., a distance of 228.21 feet; 5) S.89-08'18"W., a distance of 156.94 feet; 6) S.88°56'55"W., a distance of 144.94 feet; 7) S.88°41'56"W., a distance of 136.14 feet; 8) S.89°42'25"W., a distance of 189.99 feet; 9) N.87°18'47"W., a distance of 5.97 feet to an existing fence line and fence line extended; thence following said fence line and fence line extended the following five (5) courses: 1) N.01 °01'58"E., a distance of 203.59 feet; 2) N.02°02'27"E., a distance of 109.93 feet; 3) N.00°19'27"E., a distance of 298.14 feet; 4) N.00"41'53"W., a distance of 62.14 feet; 5) N.02°29'43"E., a distance of 13.40 feet, to a point on the northerly boundary of that property described in book 181 at page 320 of the Pitkin County records; thence leaving said fence line and fence line extended N.86°29'41 "W., along said northerly boundary 6.05 feet; to the easterly boundary of Lot 1, Burlingame Ranch Subdivision recorded in Plat Book 50 at page 89 of the Pitkin County records; thence along said northerly boundary along the easterly boundary of said Lot 1, Burlingame Ranch the following seven (7) courses: 1) N.02°52'36"E., a distance of 165.48 feet; 2) N.00"30'26"W., a distance of 243.17 feet; 3) N.18°16'57"W., a distance of 80.12 feet; 4) N.22°43'41"W., a distance of 384.52 feet; 5) N.00°34'07"E., a distance of 57.52 feet; 6) N.03°02'50"E., a distance of 688.34 feet; 7) N.12°39'27"E., a distance of 105.85 feet, to a point on the Southerly boundary of parcel 2 Park Trust Exemption Map as recorded on plat book 10, page 5A of the Pitkin County Records; thence S.88°15'47"E., along the southerly boundary of said Parcel 2 a distance of 6.86 feet to a point on the boundary of that property described in the quick claim deed recorded as Reception No. 466499 of the Pitkin County records; thence along the boundary of said quick claim deed the following fifteen (15) courses: 1) N.13°50'57"E., a distance of 114.73 feet; 2) N.12°44'56"E., a distance of 284.79 feet; 3) N.12°34'48"E., a distance of 263.95 feet; 4) S.59°34'09"E., a distance of 69.27 feet; 5) 179.45 feet along the arc of a non -tangent curve to the right, having a radius of 1,000.00 feet, a central angle of 10°16'53", (chord bears S.27"38'40"E. a distance of 179.21 feet; 6) S.07°11'09"E., a distance of 50.03 feet; 7) S.21 "18'17"E., a distance of 44.53 feet; 8) S.05°31-10"W., a distance of 32.00 feet; 9) S.10°32'00"E., a distance of 45.00 feet; Preannexation Agreement 29.29 10) 76.23 feet along the arc of a curve to the left having a radius of 40.00 feet, a central angle of 109°11'30", (chord bears S.65°07'45"E. a distance of 65.21 feet); 11) S.25°20'41T., a dist distance of 50.20 feet; 14) S.27°41'19"E., ads distance of 17.40 feet; 13) S.20°30'32"E., a 15) S.04°08'52"W., a distance of 135.85 feet to a point on the northerly line of Government Lot of said Section 2; thence S.88° 15'48"E., along the ank northerly Marconine of Creek as eferenced inl deed elcorded once f Book 166 at feet to a point on the Wes Records, thence along said deed described above and being Page 481 of the Pitkin County 25.00 feet westerly of and parallel to said West Bank of Maroon Creek the following sixty-one (61) courses: a distance of 93.51 feet; 2) S.40°44'00"E., a distance of 99.92 feet; 1) S.47°16'56"E., 4 5.26°40'59"E., a distance of 51.42 feet; 6 S.44°11'50"E., a distance of 78.16 feet; 3) S.43° 12'00"E., a distance of 75.48 feet; 5) S.29°29'19"E., a distance of 82.66 feet; ) 27.37 feet; stance 7) S.70°00'04"E., a distance of 104.72 distance of 56.82 feet; 10) S.29 58'10EW., aId stancefof 34.56 feet; 9)) S.76 08'32"., a 11) S.76°08'32"W•, a distance of 43.65 feet; 12) S,00°46'52"W•, a distance of 118.50 feet; 16 S.11°19'08"E., a distance of 79.45 feet; 13) S.24°51'14"E., a distance of 92.53 feet; 14) S.07o32'08"E., a distance of 36,99 feet; 15) S.52°15'52"E., a distance of 160 4 feet; ) N 82°30'12"E., a distance of 92.23 feet; 20 S.12°48'00"E., a distance of 170.52 feet; 17) S.40°07'51"E., a distance of 160.49 feet; 18 a distance of 34.83 feet; 19) N.66°41'51"E., a distance of 24.39 feet; ) S 07°05'08"E., 21) S.06°11'13"W•, a distance of 83.10 feet; 22) 23) S.00°01'32"W•' adist distance of 75.11 feet 26) S.13°40'31"W• a dsstanceoof 476 8ffeet; 25) S.10°58'43"E., a ll S.05°54'39"E., a distance of 34.46 feet; 27) S.04°17'31"E., a disstanceoof 65163feet; feet; 30) S•OS°20'24' E., a distance of 136.42 feet; 29) S.04°29'56"W•, a d feet3,02°09'35"W•, a distance of 28.08 feet; 31) S.20°50'18'"4V., a distance of 88.41 ; 32) 33) S.53°23'59°W•, a distance of 30.24 feet; 36) S.14°55'24"E., a distance of 30.10 feet 35) S.15°1124 W., aa distance of 31.40 feet; 37) S.30°36'56"E•, a distance of 65.95 feet. 40) S.15°52'18"E., a distance of 72.55 feet; 39) S.25°57'56"E., a 41) S.07°20'49"W•' a distance of 558 feet; 44) S 02°1distance of 27.44 feet; 9'30"E., a distance of 36.47feet; 32° 43) S.4551"1. W., a S.08°15'44"E•, a distance of 25.11 feet; 45) S.08°50'53"W•, a distance of 19.54 feet; 46) S.14°06'53"W•, a distance of 60.96 feet; 47) S.13°20'02"E., a distance of 27.03 feet; 48) S.31°23'52"E., a distance of 113.34 feet; 51) S.00°15'56"E., a distance of 57.16 feet; 50) a distance of 47.08 feet; 51) S.11°55'16"E:, a distance of 57.16 feet; 52) N.86°08 02 W.,, a distance of 5.56 feet; 53) N.39°20'13"W•, a distance of 21.47 feet; 54) a distance of 36.92 feet; 55) S.53°19'46"W•, a distance of 28.16 feet; 56) S.76°07'57"W . 60 233.57 feet along the arc of a non -tangent 57) S.12°43'14"W., a distance of 40.76 feet; 58) S.32°41'52"W•, a distance of 99.52 feet; 59) S.01°29'59"E., a distance of 44.65 feet; of 33°27'25", (chord bears curve to the left, having a radius of 400.00 feet, a central anglearcel of land S.03°31'23"E. a distance of 230.27 feet; the line a p recorded° in Book 228 at Page 590 of the Pi kin County nreco ds northerly r thence N.89°07'44"W., along said northerly line a distance of 156.24 feet; thence leaving said northerly line along the perimeter of a strip of land, described in Book 166 at Page 481 the following nine (9) courses: .07 feet; 2) N.06°23'45"W., a distance of 252.08 feet; 1) N.05°18'15"E., a distance of 234 29.30 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission 3) N.07-28'45"W., a distance of 150.60 feet; 4) N.01 °14'15"E., a distance of 175.63 feet; 5) S.89°09'40"W., a distance of 30.02 feet; 6) S.01 °14'15"W., a distance of 176.82 feet; 7) S.07°28'45"E., a distance of 152.60 feet; 8) S.06°23'45"E., a distance of 248.72 feet; 9) S.05°18'15"W., a distance of 233.33 feet to a point on the northerly line of said parcel of land recorded in Book 228 at Page 590; thence along the northerly and westerly lines of said parcel the following five (5) courses: 1) N.89°07'44"W., a distance of 143.39 feet; 2) S.06°13'16"W., a distance of 267.36 feet; 3) S.14°07'16"W., a distance of 112.67 feet; 4) S.11 °25'16"W., a distance of 77.29 feet; 5) S.27°06'16"W., a distance of 125.08 feet to a point on the boundary of the 4th amended aspen golf course subdivision recorded on plat book 63 at pages 62 through 65 of the Pitkin County records; thence along the boundary of said 4th amended aspen golf course subdivision the following six (6) courses: 1) N.89°20'26"W., a distance of 3.41 feet; 2) S.21 °09'56"W., a distance of 624.39 feet; 3) S.00°24'34W., a distance of 158.79 feet; 4) S.00°59'34"W., a distance of 84.56 feet; 5) S.06°32'41"W., a distance of 164.07 feet; 6) S.25°03'34"W., a distance of 7.70 feet to the point of beginning; Said parcel of land containing 146.005 acres, more or less. County of Pitkin State of Colorado Preannexation Agreement r 29.31 This page intentionally left blank 29.32 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission Exhibit B: Map of Area including Zoline Bar/X Ranch /x Preannexation Agreement � 29.33 Exhibit C: Petition for Annexation PETITION FOR ANNEXATION TO THE CITY OF ASPEN, COLORADO: The undersigned ("Petitioner"), this _ day of January, 2004, hereby petitions ("P titi " the City of Aspcu, Culuntdu, to annex to the City of Aspen, the unincorporated territory located in the County of Pitkin, State of Colorado, described as set forth on Exhibit A attached hereto and incorporated herein by reference ("Annexation Property"). In support of this Petition, Petitioner alleges that: 1. It is desirable and necessary that the Annexation Property be annexed to the City of Aspen, Colorado. 2. The requirements of Section 31-12-104 and 31-12-105 Colorado Revised Statutes ("C.R.S.'�exist or have been met. 3. A community of interest exists between the Annexation Property and the City of Aspen, Colorado. 4. The Annexation Property is urban or will be urbanized in the near future and the Am,cxatioa Pruperty is iutegmtcd with or is capable of being integrated with the City of Aspen, Colorado. 5. Not less than one -sixth (1/6) of the perimeter of the Annexation Property is contiguous with the City of Aspen, Colorado, 6. The signer of this Petition comprises more than fifty percent (50%) of the landowners in the Annexation Property owning more than fifty percent (50e/) of the Annexation Property, exclusive of streets and alleys; and the signer of this Petition hereby consents to the establishment of the boundaries of the Annexation Property as shown on the annexation plat submitted herewith. 7. The signer of this Petition comprises the owner of one hundred percent (100%) of the Annexation Property. 8. The Annexation Property is not presently apart of any incorporated city, city and county, or town; nor have any proceedings been commenced for incorporation or annexation of an area that is part or all of the Annexation Property; nor has any election for annexation of the Annexation Property or substantially the same territory to the City of Aspen, Colorado been held within the twelve (12) months immediately preceding the filing of this Petition. 9. Theproposed annexation will notresult in detachment ofarea from anyschool district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Annexed Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the City of Aspen more than three (3) miles in any direction from any point of the current municipal boundary. 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the City of Aspen but is not bounded on both sides by the Cityof Aspen. 12. In establishing the boundaries of the Annexation Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the writtcn consent of the landowner or landowners thereof; or (b) comprising twenty (20) acres or more and togetherwith buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 Preannexation Agreement 29.35 �/x for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Annexation Property without the written consent of the landowner or landowners. 13. The legal description of the land owned by the signer of this Petition is set forth underneath the name of such Petitioner on Exhibit B, attached hereto and incorporated herein by this reference. As mnre particularly descrihed on Exhibit B, the land owned by petitoner Bar\,K Ranch, LLC ("Bar/X Property's constitutes one hundred percent (100%) of the Annexation Property pursuant to Section 31-12-107(1)(g) of the Annexation Act. 14. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 15. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Annexation Property; (h) A map showing the boundary of the Annexation Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Annexation Property, a drawing of the contiguous boundary of the annexing municipality abutting the Annexation Property. 16. The Petitioner requests that the City of Aspen institute the zoning approval process for the Annexed Property in accordance with C.R.S. Section 31-12-115 and Sections of the Land Use Code of the City of Aspen, and that the City approve and execute an annexation and development agreement ("Annexation and Development Agreement's which establishes vested property rights for the Annexation Property and otherwise establishes the development plan for the Annexation Property in accordance with the Amended and Restated Pre- annexationAgreement, Bar/X Ranch dated,2004,exccutcdbetwccuPclitiunerand the City (the "Pre -annexation Agreement"). 17. The signer of this Petition hereby reserves the right to withdraw this Petition at any point prior to the later to occur of: (i) thirty-five (35) days after the effective date of a final ordinance approving the Annexation and Development Agreement pursuant to applicable provisions of the City Code of the City of Aspen, and C.R.S. Section 24-68-101 et seq.; (ii) three days after the expiration of the time period prescribed by the Charter of the City of A spen for filing a referendum petition challenging the ordinance approving the annexation; (iii) any later date provided for in such Annexation and Development Agreement; or (iv) thirty-five days after the date of final approval by the City of a site specific development plan for the Annexation Property. Neither the City nor the _ Petitioner shall cause the occurrence of the conditions necessary to the effectiveness of this annexation pursuant to 31-12-113 (2)(a)(I)(M C.R.S. by recordation of the annexation ordinance and annexation maps, until the expiration of the latest of the foregoing enumerated events. 18. Upon the annexation ordinance becoming effective, and subject to the conditions set forth in this Petition and in the Annexation and Development Agreement, the Annexation Property shall become subject to all ordinances, resolutions, rules and regulations of the City of Aspen, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the City of Aspen which shall become effective on January 1 of the next succeeding year following passage of the annexation ordinance. 19. This Petition is filed on the condition that, concurrently with its approval of annexation of the Annexation Property: (i) the City of Aspen approve zoning of the Annexation Property that is substantially consistent with the application for zoning approval which Petitioner will submit following the City of Aspen making the required finding of this Petition's substantial compliance with the requirements of the Annexation Act and (ii) the City of Aspen approve and authorize execution of the Annexation and Development Agreement consistent with the Pre- 29.36 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission 't annexation Agreement; and (iii) the final approval by the City of a site specific development plan i for the Annexation Property consistent with the Pre -Annexation Agreement. 20. Except forthe terms and conditions ofthis Petition and of the Annexation and Development Agreement as mad_ a subject to the terms hereof, which terms and conditions Petitioner expressly approves and which therefore do not constitute an imposition of additional terms and conditions within the meaning of C.R.S. Section 3 l-12-107(1)(g), no additional terms and conditions shall be imposed upon annexation of the Annexation Property to the CGaryity of Aspen. THEREFORE, Petitioner requests that the City Council of the City of Aspen, Colorado complete and approve the annexation of the Annexation Property, pursuant to the provisions of the Annexation Act. Respectfully submitted this 16 day of January, 2004. Signature of Landowner/Petitioner. Bar/X Ranch LLC, a Colorado limited liability company By: n^ ^tom Gary Finkel, Trustee of the Survivors Trust under the Zoline Family 1982 Trust its Managing Member Date of Signature: January /6 , 2004 Mailine Address: c/o Herbert S. Klein, Esq., 201 North Mill Street, Suite 203, Aspen, CO 81611 Resident of the Annexation Pro-per[y7 NO 3 Preannexation Agreement 29.37 �/X This page intentionally left blank 29.38 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission Exhibit D: Utility Location Map EXHIBIT D: CONCEPTUAL ROAD AND UTILITY PLAN This plan is not a comprehensive road and utility plan, and only shows proposed utility lines for which costs are shared or for which the City has to extend roads or utilities under the terms of the Pre -Annexation Agreement. On the basis of preliminary engineering, no other shared road or utility costs are contemplated. Electrical supply is shown only to indicate the division of responsibility between the two existing overhead lines, which will Z both be undergrounded. Legend Proposed Free Market Hornesite // Maroon Creek Club ......., Proposed road extension at City cost ■ ■ m s ■ s Proposed Sewer Main - City only cost . . �.. Proposed Water Main -'Shared + Upgrade' Cost Proposed Water Main - City Only Cost Existing Overhead Electrical Service ®. a Proposed Underground Electrical Service Road extension at City expense per section 1.H.e of the Pre -Annexation agreement. — Water main extension at "Shared + Upgrade" expense per section 5 of the Water Service Agreement IN ■►��1�E:�� Limit of City extension of water supply John Lifton 5-8-01 /X Preannexation Agreement err Burlingame Ranch Electrical Undergrounding at City expense Soldner Burlingame Village Footprint Water main extension at City expense per section 5 of the Water Service Agreement HWY 82 C c Overhead Supply Limit of City extension of water supply --- ---- - e Electrical Undergrounding at Landowner expense Bar/X Ranch \ \ \ -- ----- - \ • O Sewer extension at City expense per section 1.H.e of the Pre -Annexation agreement Connection point for City's and Landowner's separate sewer systems 29.39 Exhibit E: Intentionally Left Blank Preannexation Agreement 29.41 M/X Exhibit F: Water Service Agreement Exhibit F to Amended and Restated Pre -annexation Agreement BARIX RANCH RESTATED AND AMENDED WATER SERVICE AGREEMENT THISAMENDEDAND RESTATEDWATER SERVICE AGREEMENT is entered into and made on , 2003, by and between the City of Aspen, a Colorado home rule municipal corporation (the "City"), and the Bar1X Ranch, LLC, a Colorado limited liability company. Water service shall be provided to the -/x Project (hereinafter "Project" or "Property") which includes a Free Market Component, a Fathering Parcel, a Ranch manager's residence, Cabin, affordable housing parcel of approximately 21.5 acres in size, and certain irrigation requirements of the Property all as set forth in the Restated and Amended Pre -Annexation Agreement to which this Agreement is an attachment. The terms and conditions of water service as herein provided shall survive annexation of the Property to be Annexed, and shall govern water service to this property subsequent to annexation. Recitals WHEREAS, the Landowner and City have previously entered into a Pre -Annexation Agreement, executed by the City on May 21, 2001, and other amendments to such (First Amendment, December 17, 2001 and Second Amendment, February 19, 2003), which integrated documents included a reference to Exhibit F as the Water Service Agreement between the Landowner and the City; and WHEREAS, the City and the Landowner have entered a Restated and Amended Pre -annexation Agreement, and desire to revise the original Water Service Agreement ("Prior WSA") into this new Amended and Restated Water Service Agreement, to incorporate all changes regarding water service and to make amendments to the Prior WSA, so that there is one complete agreement for water service. This Amended and Restated Water Service Agreement ("Amended WSA") shall supercede the Prior WSA in its entirety; and WHEREAS, the Property to be Annexed will be annexed to the City pursuant to the parties' Amended and Restated Pre -annexation Agreement; and WHEREAS, Ax Ranch, LLC, (hereinafter "Landowner") plans to develop the Free Market Component and the Fathering Parcel of the Property to be Annexed as described in Paragraph 1(C)(1) of the Amended and Restated Pre -annexation Agreement ( the "Free Market Area "); and WHEREAS, the City of Aspen (hereinafter "City" or "the City") plans to develop the Affordable Housing Component of the Project described in paragraph 1(D) of the Amended and Restated Pre -annexation Agreement, in the area depicted on Exhibit "B" to the Amended and Restated Pre -annexation Agreement (the "Affordable Housing Area"); and October 22, 2003 Final Execution Copy W.w Serene Agl e" , (new d-11-P-10 12197 (Rev. 06-98) 29.42 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission WHEREAS, Landowner will be contributing water rights and other consideration to the City in connection with development of the Free Market Area, Cabin and the Resident Owned Ranch Manager lot ("Landowner's Dedication Requirement"); and WHEREAS, Landowner seeks to obtain municipal water service from the City for the Project; and WHEREAS, water service forthe Project will require the construction and installation of certain water mains, lines and related facilities as described in this Amended WSA; and WHEREAS, the City has agreed to design and construct, at its own cost, subject to the cost sharing provisions of this Amended WSA, the water mains, lines and associated facilities needed to serve the Project; and WHEREAS, the City is not hereby representing that it is a regulated public utility, or holding itself out to the public in general as capable of or intending to provide water service extraterritorially; and WHEREAS, the Aspen Municipal Code ("Code") provides for the rating of new or expanded water service based on potentlal water demand as expressed in equivalent capacity units (hereafter "ECU"), ECUs being defined in the Municipal Code as units reflecting that part of the capacity of the City water system necessary to serve a standard water customer, with multiples or fractions of the unit, including a maximum number and type of water fixtures, a maximum irrigated area, certain cooking facilities, or other water demand factors; and WHEREAS, the City desires to encourage the use of raw water supplies for certain outdoor irrigation where safe, practical, feasible, and consistent with the Code and City policies, so as to reduce the dependence on treated water forthis purpose and to minimize the costs of providing treated water service to the Project and the Property to be Annexed. THEREFORE, in consideration of the mutual promises and covenants contained herein and in the Amended and Restated Pre -annexation Agreement, the parties agree as follows. PURPOSE OF AGREEMENT 1. Treated Water Service to Project. The City hereby agrees with Landowner to provide treated water service to the Project under the terms of this Amended WSA in such quantities and to the extent herein provided so as to serve the structures and uses authorized by the Restated and Amended Pre -annexation Agreement for the Project, as set forth in the final recorded plat for the Project. Landowner understands that the City will be the sole provider of treated water to the Project and the Property to be Annexed, except as noted herein. Pursuant to this Agreement, the City shall provide treated water service adequate to meet the approved demands and uses of the Project, provided, however, that the City shall not be required to supply water to serve more than 76.7 ECUs for the Free October 22, 2003 Final Frecution Copy W.w Service Ag—a I fn de Ie pmem) I2/97 (Rev. 06-98) /X Preannexation Agreement 29.43 e Market, Fathering Parcel and Ranch Manager lot components of the Project (hereinafter "Private Project Component"), and further provided, that the maximum volume of treated water the City shall be required to provide to the Private Project Component pursuant to this Agreement shall not exceed 32 acre-feet per year. The City agrees that the Landowner may provide water service to the Cabin site and the Fathering parcel by use of two legally permitted exempt wells.' The City also agrees that a Cultural Use Center is being considered to be developed by Landowner. To the extent such Cultural Use Center is approved for development in the final plat process, the parties agree that the ECU calculation for the Private Project Component shall be revised to include the number of ECUs required for the Cultural Use Center, and that the Landowner shall be obligated to convey water rights pursuant to paragraph 10, and to pay tap fees, system development charges and hookup charges pursuant to paragraph 13, and other water service charges related to the Cultural Use Center attributable to the additional ECUs calculated for the Cultural Use Center. Only those structures and uses approved by the City for the Project may be served under this Agreement. Nothing herein shall be deemed to restrict the amount of water delivered to the Affordable Housing Component of the Project (hereinafter "Public Project Component") being developed by the City. 2. City Water Policies. The parties agree that the City's water policy set forth in Resolution No. 5, series of 1993, as amended by Resolution No. 49 (series of 1903) and Resolution No. 9 (series of 1996) of extending water service outside the City's geograph- ical boundaries while also promoting environmental interests is furthered by Landowner's commitments contained in this paragraph, and that Landowner's commitments are an important inducement to the City to provide water service pursuant to this Agreement. The parties recognize that the Landowner's water rights are tributary to Maroon Creek and Willow Creek and that the City owns the Maroon Ditch right, also tributary to Maroon Creek. The Maroon Ditch was decreed in CA 3723 with non -irrigation Priority No. 11 on August 25, 1949, with an appropriation date of August 12, 1892, and consolidated with Priority No. 208A, is used for municipal and hydroelectric purposes. Use of the City's Maroon Creek Hydroelectric Plant is subject to a permit issued by the Federal Energy Regulatory Commission ("FERC"), which requires that the City bypass 8 cfs at such times as it operates the hydroelectric plant. Landowner recognizes that the City may at some time seek or be required to obtain water court confirmation of its right to call for both the bypass flow and the water required for the hydroelectric plant under its 1892 Maroon Ditch right. Landowner, for itself, its successors and assigns, acknowledges and agrees that the City's Maroon Ditch hydroelectric water right includes the 8 cfs bypass requirement imposed by the FERC permit. In addition, if the City applies to the water court for confirmation of its right to call for the water required for the hydroelectric plant under its Maroon Ditch right, including the 8 cfs bypass requirement, then Landowner and its 'Although the City does not generally allow privately -owned wells, an exception has been made to service the Cabin due to its unique location and the difficulty of providing City water service to the Cabin location, and in recognition of the Landowner's contribution to the City's affordable housing needs as described in the Pre -Annexation Agreement. This exception is not precedent for future approvals of privately - owned wells within the City or within areas supplied with City water service. The Fathering Parcel is currently served by an exempt well, as noted in more detail in paragraph 8 herein. October 22, 2003 Final Execution Copy 3 Wa , Service Agreement (new de lopm w) 12197 (Rev. 06-9RJ 29.44 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission successors and assigns, agree not to oppose, directly or indirectly, the City's water court application. 3. Limitation of Time to Provide Service. The City's obligation to provide water service to the Project pursuant to this Agreement shall terminate if the final plat for the Private Project Component has not been recorded by the date provided in the Amended and Restated Pre -Annexation Agreement (or any amendments to it), unless that deadline is delayed by mutual agreement of the parties or by force majeure as defined in paragraph 29 below, in which case the deadline shall be extended by the same number of days as the force majeure delay that prevented recording of the plat. CONSTRUCTION BY CITY 4. Design of Mains Lines and Facilities. The City will be responsible for the design of the water transmission and distribution mains, associated facilities and internal distribution lines for the Private Project Component in accordance with and subject to the City's design, materials and construction specifications, and including such sharing of facilities as may be necessary or practical to provide water service to the Public Project Component. The timing of design shall be in conformance with the provisions in paragraph 6 below. (Water mains, lines and infrastructure required to serve the Public Project Component, that cannot be shared with the Private Project Component will be the City's sole responsibility, as set forth in paragraph 5 below.) 5. Cost Allocation and Design Dispute Resolution. The parties recognize that the Private Project Component and the Public Project Component will both be served by a common looping water main system that has not yet been designed. The parties further agree that all design and construction costs of any water system facilities or improvements located within the Project that are primarily used for a common benefit for the Public Project Component and the Private Project Component ("Shared") shall be shared on the basis that 76.7 ECUs bear to the total ECUs within the Project (a fractional formula where the numerator is 76.7 ECUs and the denominator is 76.7 ECUs plus the maximum number of ECUs to be used within the Public Project Component). The Public Project Component is estimated to build between 225 and 330 units, at an estimated 1 ECU per unit, representing at least 75% of the total ECUs. Adjustments may be made as noted in the responsibility be greater than 25% of such "Shared" costs; provided, however, if the Cultural Use Center (previously described in paragraph 1 above) is approved, then if the percentage of the ECUs for the Private Project Component, including the ECUs for the Cultural Use Center, exceed 25% of the all the ECUs for the Public Project Component and the Private Project Component, then the 25% limit referred to above shall be increased by the percentage increase in the Private Project Component ECU's represented by the ECU's attributable to the Cultural Use Center. For example, if the Cultural Use Center requires 7.67 ECU's (e.g. a 10% percent increase in the Private Project Component ECU's), then the 25% limit shall be increased by 10%, e.g. to 27.5%. October 22, 2003 Final Execution Copy Ware, Service Agreement (Herr derelopmenf) 12197 (Riv. 06-9d'/ Preannexation Agreement 29.45 Although the common looping water main system to serve the Private Project Component and the Public Project Component has not yet been designed, a preliminary design drawing showing the expected locations of the water main system is attached as Addendum 1 (which includes Addendum 1A and 1B). Those mains identified in red on Addendum 1, and described as "City Only" will be designed, constructed, and installed at the City's sole expense. Those mains identified in blue on Addendum 1, and described as "Landowner Only" will be designed, constructed and installed in conformance with the cost sharing provisions and reimbursement schedule described in the Pre=Annexation Agreement and as set forth herein. The cost of design, construction and installation of those mains identified in purple on Addendum 1, and described as "Shared" will be allocated between the City and Landowner as herein described. The design, construction and installation of those mains identified in orange on Addendum 1, and described as "Shared + Upgrade" mains are expected to be upgraded from the size that would be required to serve only the Public Project Component and the Private Project Component. The incremental costs of such oversizing shall be the City's sole responsibility. Therefore, the costs for the "Shared + Upgrade" mains will be allocated as follows: First, the parties shall allocate costs as described for a "Shared" line between themselves for the sizing required to serve only the Public Project Component and the Private Project Component. Second, all additional costs for design, construction and installation of any oversizing of such mains at the City's request ("incremental costs") shall be calculated as an additional cost to be solely allocated to the City. The parties recognize that the locations of the mains shown on Addendum 1 may be revised as final design drawings are developed. If changes are made, and the parties cannot agree between themselves whether. faciIities not shown on Addendum 1 are considered to be "shared" facilities, an independent civil engineering firm shall be mutually selected by the parties to make the determination of what facilities are considered to be "shared" facilities. Should any dispute or disagreement arise between the parties as to the capacity, design, or lay -out of the potable water system for the Project, the parties shall submit the disagreement to the independent engineerwhose findings shall be binding and conclusive as to the allocation and dispute. The City and Landowner shall share equally in the cost of the independent engineer's services. 6. Construction. Following annexation of the Property to be Annexed and due diligence to design and construct the water transmission and distribution mains, lines and associated facilities in accordance with the plans and specifications. All preconstruc- tion planning and design of the water system forthe Private Project Component and Public Project Component shall be complete no later than six (6) months from recording of the final plat of the Private Project Component, and construction shall begin immediately after the design and planning is final. The City shall submit all preconstruction designs and plans to the Landowner such that Landowner has at least 45 days to review them and provide approval or comments to the City prior to expiration of six (6) months after recording the final plat of the Private Project Component. Once all preconstruction plans and designs are approved by the parties, they shall not be substantially modified except by agreement between the parties. It is acknowledged that final determination on October 22, 2003 Final Execution Copy Ww,,3ery Agree f (nen develoyrnenf) Il/Y/ (N- 0642J) 29.46 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission acceptable alignments, easements, PRV locations, and similar technical engineering elements for the design shall not be considered substantial modifications. It is anticipated that construction will be completed no later than 18 months from recording of the final plat of the Private Project Component. 7. Pretapoing. "Pretapping" is defined as connection of an individual service line to a main or distribution line when the main or distribution line is installed. Should Landowner wish the City to pretap the distribution lines serving the Private Project Component, a Pretapping Agreement will be required by the City. CONVEYANCE OF WATER RIGHTS AND EASEMENTS 8. Conveyance of Water Rights and Structures. Landowner shall convey to the City the water rights described on Addendum 2 and as described herein. The City and Landowner agree that said water rights are believed to be sufficient in quantity and quality to allow the City to divert a quantity of water which is necessary, without administrative curtailment, to meet the amount of treated water required for the Private Project Component of the Project2 (previously labeled "Landowner's Dedication Requirement"). In addition, Landowner shall also convey to the City water rights sufficient to meet the lesser of (1) the raw water irrigation requirements of the open space associated with the Public Project Component or (2) the irrigation requirements of the number of acres, not to exceed ten, historically irrigated on the 20-acre parcel committed to the Public Project Component 1 as shown on Exhibit "B" to the Restated and Amended Pre -Annexation Agreement ("Dedicated Raw Water Rights"). The parties agree that once the number of acres to be irrigated with the Dedicated Raw Water Rights pursuant to the foregoing sentence has been determined, the Dedicated Raw Water Rights to be conveyed will be computed as 0.09 cfs per acre, so long as the acres identified were historically irrigated. The Dedicated Raw Water Rights are also described on Addenda I. Landowner shall convey the Landowner's Dedication Requirement upon approval of the first final plat for any portion of the Private Project Component. Landowner shall convey the Dedicated Raw Water Rights within 30 days of a request to do so from the City which is accompanied by the approved plat of the Public Project Component which quantifies and designates the acreage which will be irrigated by the raw water system for said component. Contempora- 2The parties recognize that the present in-house demands of the Property are served by a legally -permitted exempt well. Although the City does not generally allow privately -owned wells, an exception has been made in this case in recognition of the unique value of Landowner's contribution to the City's affordable housing needs as described in the Pre -Annexation Agreement. This exception is not precedent for future approvals of privately -awned wells within the City or within areas supplied with City water service. The homes served by the well may continue to use the well until the final home using the well is connected to the City treated water system At the I andnwner's option, the homes currently served by the well may connect to the City treated water system at such time as the treated water system is available to them for connection. Whenever a home is disconnected from the well and connected to the City treated water system, a certification shall be provided to the City stating that there are no cross -connections between the well and the City treated water system. The City may request annual certifications thereafter. When the final home using the well has been connected to the City treated water system, the well will be used only for stock watering. The well maybe inspected annually at the option of the City to assure that there is no cross -connection to the City's treated water system. If for any reason, a replacement well is necessary for the continued water service to the existing homes or for the stock watering -only well (if all current homes are connected to City treated water), then the Landowner shall notify the City of the necessary replacement, and shall provide a certification that there are no cross -connections between the new well and the City treated water system. Landowner shall disconnect, plug and abandon the old well in the manner required by the Colorado State Engineer. October 22, 2003 Final Execution Copy Water Service Agre men, (n vdevelopment) 12197(Rev. 06.98) Preannexation Agreement 29.47 �/X neously with each conveyance of water rights, Landowner shall convey to the City a proportionate interest in any ditches, • flumes, headgates or other structures and easements, or interests therein, necessary to utilize such water rights'. All conveyances required by this paragraph shall be in form mutually acceptable to Landowner and the City Attorney, and shall be a prerequisite to provision of water service to the Private Project Component. In addition, contemporaneously with each conveyance of water rights, Landowner will also provide to the City all information in its possession or available to it, regarding the historic use of said water rights, including well pumping records, diversion records, irrigation records, aerial photographs, affidavits, and all otheravailable information concerning the use of said water rights. 9. Easements. Landowner shall obtain at its own cost and convey in perpetuity to the City surveyed, as -built non-exclusive easements for water mains, lines, tanks and other water facilities, along with all necessary access easements for maintenance and repair purposes within the Private Project Component ("easements"). The water main and water line easements must be large enough to provide the City with at least ten (10) feet on either side of water mains and lines and must specify that (1) sewer lines must be located at least ten (10) feet from any water main or line, and (2) other utilities must be located at least five (5) feet away from any water main or line. Access easements and easements for tanks and other facilities shall be of a size determined by the City to be reasonably necessary for the operation, maintenance and repair of the tank or other facility to be located on such easement. Each party shall be solely responsible for any injury or damages, including costs and attorneys' fees, to persons or property arising from its own negligent acts or omissions occurring on or resulting from its use or occupation of any easement premises. Nothing contained herein, however, shall constitute or result in any waiver or diminishment of any defense or llmltatlon available to the Cityunder the Colorado Governmental Immunity Act or other applicable law. The City acknowledges that such easements may cross irrigated lands which are under active irrigation, and agrees to provide ten (10) days notice to Landowner prior to accessing such easements, or notice as practicable in an emergency situation. City also agrees to use reasonable effsuch to minimize interference with the agricultural uses when accessing easements orts , and agrees to use reasonable efforts to restore the land surface such that irrigation water use can resume in substantially the same manner as it did before the City accessed the easement(s). The City shall have no obligation to provide water service to the Project until the easements and water rights have been conveyed as herein provided. 10. Water Balance for Private Project component. Landowner has historically irrigated 86 acres of land within the Project from its interest in the Willow and Herrick Ditch System, diverted at various points along the Willow and Herrick Ditch System which are owned or controlled by Landowner. The parties recognize and agree that the Project will 3The parties recognize that a new mutual ditch company known as the Willow and Herrick Ditch Company has been incorporated. When the requirement to convey interests herein to the City occurs, a proportionate number of stock certificates may be conveyed. The City agrees tojoin in and support the Ditch Company. October 22, 2003 Final Execution Copy Mme. Service Agreemenr (nerr deve(apnient) 11/97 (Rev. 06 98) 29.48 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission I . result in the reconfiguration of areas irrigated, means of irrigation and water uses. To ensure that, as between the parties, no material enlargement of water use occurs, Landowner agrees that no more than 86 acres within the Private Project Component may be irrigated from the Willow and Herrick Ditch System less (1) the amount of land removed from irrigation to satisfy the Landowners Dedication Requirement (4 acres) and (2) the number of acres to be irrigated by the Dedicated Raw Water Rights. The parties have agreed that the rate of diversion of water attributable to Landowner's retained water rights, the Landowners Dedication Requirement and the Dedicated Raw Water Rights, from the Willow and Herrick Ditch System at the Property's boundaries for irrigation, ponds, water features and all other raw water uses associated with the Private Project Component will not exceed an annual average of 5.0 cfs. The foregoing amount assumes that a greater amount of water, corresponding to Landowner's retained water rights plus the Landowner's Dedication Requirement and the Dedicated Raw Water Rights will generally be diverted into the Willow and Herrick Ditch System's headgates..Landowner shall be free to further change or balance water use as contemplated in paragraph 21, below, so long as the above limitations on diversion rate and overall irrigated acreage within the Private Project Component are not exceeded. REIMBURSEMENT BY LANDOWNER 11. Reimbursement by Landowner. Upon completion of construction, the City shall promptly provide to Landowner a detailed statement of the certified cost of construction, including engineering costs, design drawings and construction plans, actual construction costs, insurance, construction inspection fees, permit fees, the cost of obtaining as -built drawings on reproducible sepias with maximum size of 24" x 36" and on an AutoCad electronic data transfer file tied into one set of state plane coordinates, and an administrative fee equal to 5% of the construction costs. The City shall not charge or include in the certified costs any time of its employees or staff, it being understood that the administrative fee is being charged in lieu thereof. In addition, the City shall provide documentation evidencing the reimbursable cost items. Landowner's share of the cost of installation of utilities provided to the Property to be Annexed which are to be shared between the Public Project Component and the Private Project Component, as shown on Addendum 1, or, if the final design drawings differ from Addendum 1, as may be determined to be "shared" facilities, including, without limitation, any redundant looped segments which are constructed for the primary benefit of the Private Project Component and the Public Project Component, shall be based on the ratio of the 76.7 ECUs to the total FCUs in the Private and Public Project Components as described in paragraph 5, above, but in no event shall the Landowners responsibility be greater than 25% of the Shared costs. The certified cost shall be reimbursed to City in accordance with the Reimbursement of City Costs provisions contained in Section 1(H)(e) of the Pre -annexation Agreement to which this Agreement is an attachment, and is subject to adjustment as therein provided. The City shall have no obligation to provide water service to the Private Project Component, or may discontinue water service, if it is not reimbursed for the October 22, 2003 Final Execution Copy Water Service Agreement (new dodopmew) 12197 (Rev. 06-98) Preannexation Agreement 29.49 �/X certified costs in accordance herewith or, if a dispute has arisen as to whether certain facilities are shared, if the City is not reimbursed the costs of the utilities for the Private Project plus those attributable to the shared facilities as determined by the independent engineer responsible for dispute resolution pursuant to paragraph 5, above). WATER SERVICE 12. Treated Water Service. Upon completion of construction and Landowner's conveyance of the required easements and water rights, and reimbursement of the certified cost as and when required by the Pre -Annexation Agreement, the City will provide treated water service to the Private Project Component to no more than the total number of Private Project ECUs (not to exceed 76.7 ECUs) provided for by the approved final recorded plat and design drawings for the Private Project Component, provided that the maximum number of ECUs and volume of water the City shall be required to supply each year to the Private Project Component shall not exceed the amount (in acre-feet) set forth in paragraph 1 above. Any increase in the treated water service requirements fur the Private Project Component will require approval by the City, and amendment of this Amended WSA. The treated waterto be delivered by the City pursuantto the terms of this Amended WSA may be used for all lawful in -building municipal purposes, and for fire protection, swimming pools and the normal and reasonable outside irrigation of trees, lawns and gardens. Landowner agrees to adopt, in a form acceptable to the City Attorney (whose approval shall. not be unreasonably withheld) covenants which restrict the use of treated water delivered hereunder by single family units to no more than 10,000 square feet per lot of lawn and garden irrigation by drip or sprinkler irrigation means, and which require compliance with the provisions of paragraph 22 hereof. Notwithstanding the foregoing, all water use will be consistent with the City's Water Policy Resolution (Resolution No. 5, as amended, (Series of 1993)), and water conservation and curtailment ordinances, and other water policies currently in effect or as may be enacted or amended in the future, provided such future policies or Code enactments or amendments do not materially impact the rights of Landowner under this Amended WSA or the Restated and Amended Pre -Annexation Agreement. 13. Tap Fees and System Development Charges - Computation and Payment: Scheduling of Taps. All tap fees for treated water service herein provided shall be assessed utilizing the City's prevailing applicable tap fee at the time of application for a building permit for the structure for which service is sought. No water service shall be provided to any structure absent payment of the appropriate tap fee and any applicable hookup charges. Tap fees and hookup charges shall be paid at the time of building permit issuance. Unless a Pretapping Agreement has been executed by the Landowner, the City Water Department shall determine scheduling of all physical taps or connections to the main lines. October 22, 2003 Final Execution Copy Wain Sern Agreement (new development) 12197 (Rev. 06-98) 29.50 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission Landowner shall also pay to the City a well system development charge in the amount of $400 per Private Project ECU within the Private Project Component. Payment of this charge shall be made in installments as specified by the Restated and Amended Pre -Annexation Agreement and is subject to the same adjustments. The total well system development charge for the entire Private Project Component must be paid in full before any delivery of water will be made to the Private Project Component by the City. 14. Service Lines and Meters. Each service line within the Private Project Component shall be metered in accordance with the Code at the sole expense of Landowner and cross -connection and backflow prevention devices will be installed at the water user's expense. An automated meter reading system shall be installed for all new customers who will be served by the Private Project Component, 15. Limitations on Provision of Water Service. This Amended WSA is only for the supply of raw and treated water service as herein described and no expansion of uses, connections, orwater service beyond those set forth herein is in any way authorized by this Amended WSA. The City is not by this Amended WSA prejudging, certifying or guaranteeing its ability to provide treated water service to any use or structure except as provided herein, nor may this Amended WSA be used as evidence of approval of any land use requests, or as evidence of approval of water service for any land use request, except as provided herein. 16. Service Subject to the City Charter, Codes, Rules. Regulations and Policies. Landowner and its successors in interest shall be bound by, and all water service provided hereunder shall be subject to, all applicable provisions of the Charter of the City of Aspen and the Aspen Municipal Code (including those regarding curtailment in times of water shortage), as well as all applicable rules, policies or regulations of the City now in effect or as may be hereafter adopted, provided, however, that anyfuture ordinances, rules, policies or regulations do not materially impair the rights of Landowner under this Revised WSA or the Restated and Amended Pre -Annexation Agreement. 17. Rules Regarding Water Use. Subject to the provisions of this Amended WSA, Landowner agrees to adopt all pertinent provisions set forth herein as rules and regulations governing the use of water in the Private Project Component, and agrees that this Amended WSA (including its Addenda) shall be recorded as covenants running with the land and shall be fully enforceable on the Property to be Annexed. Landowner agrees to assist the City in every manner reasonably possible to enforce the City's ordinances, rules and regulations made to protect purity, safety and supply of the water delivered pursuant to this Amended WSA, including curtailment during times of shortage, elimination of any potential cross -connections, and the utilization of water conservation devices as set forth in the Code. Landowner also agrees to prohibit all unnecessary or unreasonable waste of water on the Private Project Component served by this Amended WSA, and to make reasonable efforts to enforce such prohibition. The unreasonable or unnecessary waste of water shall be defined as set forth in the Code. October 22, 2003 Final Execution Copy l o Water Se eAgre nem(new Ge 1q.en)12197(Rev. 06-98) Preannexation Agreement 29.51 i/X 18, Source of Water Supply. The parties to this Amended WSA recognize that the City's water supply is dependent upon sources from which the supply is variable in quantity and quality and beyond the City's reasonable control; therefore, no liability shall attach to the City under this Amended WSA on account of any failure to accurately anticipate availability of water supply or because of an actual failure of water supply due to drought, inadequate runoff, poor quality, failure of infrastructure, or other occurrence beyond the City's reasonable control. 19. No Guaranty of Water Quality, Quantity or Pressure. The City makes no promise or guarantee of pressure, quantity or quality of water supply for any purpose, including fire suppression, except as specifically provided herein or as is required by applicable federal, state and local laws and regulations. The City agrees to treat its water to meet all mandatory local, state and federal potable water standards. 20. Property Rights in Water. All treated water fumished by the City under this Amended WSA is provided on a contractual basis for use on the Private Project Component as described in this Amended WSA, and all property rights to the treated water to be furnished hereunder are reserved to the City. Treated water service provided by the City under this Amended WSA does not include any right to make a succession of uses of such water, and upon completion of the primary use of the treated water on the Private - Project Component, all dominion over the treated water provided reverts completely to the City. Subject to the prohibition against waste and any other limitations on treated water use imposed in this Amended WSA, Landowner shall have no obligation to create any particular volume of return flowfrom the treated waterfurnished underthis Amended WSA. Landowner agrees to cooperate with the City in measuring and reporting return flows to the extent such measuring and reporting are required by the Colorado State Engineer or his agents. RAW WATER USE 21. Raw Water Use. The Dedicated Raw Water Rights shall be conveyed to the City as provided in paragraph 8 above. The Dedicated Raw Water Rights, upon conveyance to the City, shall be committed for use by the City to meet the raw water requirements for the open space associated with the Public Project Component. Landowner shall utilize all or portions of its retained water rights in accordance with paragraph 10 above for the continued ranching operations, to the extent such are economically or practicably viable in Landowner's sole determination, and for the Private Project Component raw water irrigation, pond uses and water features. In the event continued ranching operations are hereafter determined by Landowner to no longer be economically or practicably viable, in Landowner's sole discretion, such water shall be used on the Property for open space irrigation and other uses and shall not be severed from the Property for use on any other lands. Landowner shall be solely responsible for obtaining any water rights, changes of water rights, and augmentation plans necessary to permit storage of water in any proposed October 22, 2003 Final Execution Copy Wahr S—ice Agreerne if—d—lop—i)12197(R-06-98) 11 29.52 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission ponds or any changes in place of use within the Private Project Component. Landowner ` agrees that unless this Amended WSA is amended, neither Landowner nor any owner of all or any portion of the Private Project Component will develop or utilize independent wells within the Private Project Component, except as permitted in Footnotes 1 and 2 of this Amended WSA. Covenants shall be adopted which are mutually acceptable to Landowner and the City which prohibit any subsequent lot owner from initiating any new water rights or seeking any changes to water rights; it being understood that only Landowner or its successor homeowners association(s), and not the individual lot purchasers, shall have that right. 22. Compatibility of Raw and Treated Irrigation Systems. The parties each recognize that the raw water irrigation system to be designed, constructed and operated by Landowner for the Private Project Component shall not be interconnected with any treated water irrigation system which is supplied with water hereunder. To ensure compliance with the limitations on the amount of treated water irrigation allowed per lot and the requirement that the systems not be interconnected, the parties agree to establish the protocols for.water use set forth in this paragraph: 1) All raw water delivered by sprinkler means shall be mapped by Landowner and the map delivered to the City; this map may be modified at Landowner's discretion" provided any remapping is promptly delivered to the City; 2) all sprinkler heads which deliver raw water shall be painted red to clearly designate their raw water status; 3) the City shall have the right to inspect the lots and properties: comprising the Private Project Component at reasonable times to confirm and monitor which areas receive raw water versus treated water irrigation (which inspection shall be coordinated to the extent reasonably possible with the operator of the raw water system); 4) the raw water system shall be owned by one entity established by Landowner and that entity shall designate an operator to maintain and operate the raw water system and be the liaison with the City; and 5) the raw water irrigation system shall be designed and operated so as to prevent individual lot owners from operating the raw water system except through the designated system operator. VIOLATIONS 23. Enforcement by the City. The parties to this Amended WSA recognize and agree that the City has the right to enforce its rules, policies, regulations, ordinances and the terms of this Amended WSA by the disconnection of the supply of water provided hereunder. Additionally, in the event that Landowner or any user who has purchased or leased a portinn of the Private Project Component violates the rules, policies, regulations or ordinances of the City, the City shall have all remedies available to it at law or in equity, or as provided in the Code. Without limiting the foregoing rights and remedies, Landowner agrees that the City may also enforce such violations by injunction, the parties agreeing that the damages to the City from such violations are irreparable, and there is no adequate remedy at law for such violations. However, the parties agree that any modification of such mapping will not result in raw water irrigation of lands also irrigated using treated water. October 22, 2003 Final Execution Copy Water Service Agreement (new d—lopm¢m) 12197 (Rev. 06-98) 12 Preannexation Agreement 29.53 �/X Notwithstanding the foregoing provisions of this paragraph, if an individual owner or lessee within the Private Project Component (other than Landowner) commits a violation with regard to water delivered to his owned or leased property, only that individual owner's or lessee's water service shall be disconnected, and enforcement actions will be directed toward that violator, and not toward those who are not violating this Amended WSA. TERMINATION 24. Termination by Agreement. Except as provided to the contrary herein, this Amended WSA shall only be terminated in writing by mutual agreement and the term of this Amended WSA shall continue until such termination, and shall not be affected by annexation of the Property to be Annexed. 25. Termination if Illegal. The parties agree, intend and understand that the obligations imposed by this Agreement are conditioned upon being consistent with state and federal laws and the Code. The parties further agree that if any provision of this Agreement becomes in its performance inconsistent with the Code or state orfederal laws, or is declared invalid, the parties shall in good faith negotiate to modify this Amended WSA so as to make it consistent with the Code or state or federal laws as appropriate, and if, after a reasonable amountof time, their negotiations are unsuccessful, this Amended WSA shall terminate. The City agrees that its contractual obligations hereunder will not be impaired by any amendment to the Code unless such amendment (or impairment) is mandated by state or federal law. GENERAL PROVISIONS 26. No Regulated Public Utility Status. The parties agree that by this Amended WSA the City does not become a regulated public utility compelled to serve other parties similarly situated. Landowner agrees that neither it, nor its successors in interest or assigns shall at any time petition the Colorado Public Utilities Commission to acquire jurisdiction over any water rate set by the City. The parties agree that in the event the City is held to be a regulated public utility by virtue of this Amended WSA, this Amended WSA shall terminate and be of no further force or effect. 27. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of simh party to exercise at some future time said right or any other right it may have hereunder. 28. Notir.Ps- All notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom directed at his or its address shown herein, or at such other address as shall be given by notice pursuant to this paragraph: To: City of Aspen: City Manager, City of Aspen 130 South Galena Street October 22, 2003 Final Execution Copy 13 Water S—ce Agreement (new develapmeml 12197 (Ree 06-98) 29.54 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission Aspen, Colorado 81611 with copy to City Attorney, City of Aspen, 130 South Galena Street, Aspen, Colorado 81611. To: Landowner: Ax Ranch, LLC c/o John and Pamela Lifton P.O. Box 997 Telluride, CO 81435 with copies to: Herbert S. Klein, Esq. Kevin L. Patrick, Esq., Ramsey L. Kropf, Esq. 201 N. Mill St., Ste.203 730 East Durant Ave., Ste. 200 Aspen, CO 81611 Aspen, CO 81611 29. Force Majeure. No party shall be held liable for a failure to perform hereunder due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of the control of that party. 30. Severability. If any provision of this Amended WSA shall be or become invalid or unenforceable, the Amended and Restated Pre -annexation Agreement and the remainder of the provisions of this Amended WSA shall not be affected thereby, and each and every provision shall be enforceable to the fullest extent permitted by law. 31. Remedies. It is mutually agreed between the parties that in the event of a breach or default hereunder, the parties shall have all remedies in law or at equity, including the remedy of specific performance in any litigation between the parties. 32. Amendment: Assignment. Neither this Amended WSA, nor the obligations of either party hereto, nor the right to receive water service hereunder, may be amended or assigned without. the written consent of the parties hereto, provided, however, that owners of individual lots within the Private Project Component shall be subject to the terms and conditions of this Amended WSA and, to the extent herein provided, shall be entitled to receive water service pursuant to this Amended WSA without amendment or further assignment of this Amended WSA. 33. Entire Agreement. Except as otherwise provided herein, the Restated and Amended Pre -annexation Agreement and this Amended WSA (including its Addenda), supersede and control all prior written and oral agreements and representations of the parties. The Restated and Amended Pre -Annexation Agreement to which this Amended WSA is attached, forms the total integrated agreement among the parties governing the matters provided for herein. October 22, 2003 Final Execution Copy 14 Winer J;e ice Agreem nl (new development) f181(Rev. U646) Preannexation Agreement 29.55 34. Interpretation. Titles and paragraph headings shall not be used to alter the meaning of this Amended WSA. 35. Time of Essence. Time is of the essence for this Amended WSA. 36. Binding Agreement - Recording. This Amended WSA is binding upon the parties hereto, their successors and assigns, and any sale of the Project, the Property to be Annexed, or any portion of either shall be subject to this Agreement as provided herein. This Amended WSA, including the Addenda hereto, shall be recorded with the Pitkin County Clerk and Recorder, and shall impose covenants running with the land upon all of the Project Property. Deeds to subsequent owners shall provide notice of this Amended WSA and the obligations contained herein. 37. Governing Law; Venue; Attorneys' Fees. This Amended WSA and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Amended WSA shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Amended WSA or the rights and obligations of the parties hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorneys' fees. ,.. 38. Authorization of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Amended WSA have been performed and that the persons signing for each party have been duly authorized to do so. 39. Counterparts. This Amended WSA may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Amended WSA the date and year first above written. THE CITY OF ASPEN, COLORADO ATTEST: A Municipal Corporation and Home Rule City By City Clerk APPROVED AS TO FORM: Aspen City Attorney October 22, 2003 Final Execution Copy 15 Weser Service Agreemeel (new developmmt) 17/97 (Rev. 06-98) By_ Mayor 29.56 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission ATTEST: By Title: Approved as to Form: PATRICK, MILLER & KROPF, P.C. By: Ramsey L. Kropf, Esq. Attorney for Landowner October 22, 2003 Final Execution Copy 16 ftw Service Ag-.1(new develap.,W) 12197 (Rev. 06-98) Landowner -fix RANCH, LLC By Managing Member By Title Preannexation Agreement 29.57 ar/X This page intentionally left blank 29.58 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission Water Service Agreement - Addendum 1A This Addendum 1A shall apply if City proceeds with construction of the AABC water main connection at the same time that Burlingame Village infrastructure is installed. This plan is not a comprehensive utility plan, and only shows proposed utility lines (1) for which costs are shared, (2) for which the City has to extend roads or utilities under the terms of the Pre -Annexation Agreement, or (3) for clarification of the proposed improvements. 4 Legend OProposed Free Market Homesite �'• .....a.......... Existing Water Main •.•a'Os.••• .... ® .r . Proposed Water Main - "Shared + Upgrade" Cost (1) • ' �i Proposed Water Main -Shared Cost *� Proposed Water Main- City Only Cost ••' • .a< . Proposed Water Main- Landowner Only Cost 1. "Shared + Upgrade" as defined in Exhibit F - Water ¢- Service Agreement. - Maroon Creek Club Soldner HWY 82 City extensions of water supply per section 1.H.e of the Pre -Annexation Burlingame Ranch M Bar/X Ranch Limit of City extension of water supply If no upgrade is required, then this line i automatically reverts to a Shared Cost. John Ligon 5-8-01 HWY 82 ABC Burlingame Village Footprint I I Distribution within Burlingame Village Distribution within Burlingame Village I meets Landowner loop at Village boun �0 0 Preannexation Agreement 29.59 (D Water Service Agreement -Addendum 1 B This Addendum 1 B shall apply if City does not proceed with construction of ++.••+'' the AABC water main connection at the same time that Burlingame •++ Village infrastructure is installed. +..•' This plan is not a comprehensive utility plan, and only shows proposed utility lines (1) for ♦+•+ which costs are shared, (2) for which the City has to extend roads or utilities under the terms of the Pre -Annexation Agreement, or (3) for clarification of the proposed improvements. Legend O Maroon Creek Club Proposed Free Market Homesite ++ J ................ Existing Water Main ++�+++♦++++ Proposed Water Main - "Shared + Upgrade" Cost (1) +�+ Proposed Water Main - Shared Cost ++_ Proposed Water Main- City Only Cost ++++ . �... �... Proposed Water Main- Landowner Only Cost ++♦ 1. "Shared + Upgrade" as defined in Exhibit F - Water Service Agreement. City extensions of water supply per section 1.H.e of the Pre -Annexation HWY 82 If no upgrade is required, then this line automatically reverts to a Shared Cost. John Lefton 5-8-01 Preannexation Agreement ................................... ................... .... . ,............................. Burlingame Ranch Soldner I __- i Bar/X Ranch Limit of City extension of water supply \, ------------ r ---------------- HWY 82 4ABC s.......... Distribution within Burlingame Village Distribution within Burlingame Village meets Landowner loop at Village boundi 29.6 Final Execution Copy 5-9-01 Addendum 2 Water Service Agreement City of Aspen -1X Ranch, LLC WATER RIGHTS A. Private Proiect Component Conveyance. -/X Ranch, LLC will convey 0.35 cfs in total from its interest in the following specifically described water rights, on a proportionate basis between the water rights: 1. The Willow Creek Ditch and water right, Priority No. 129, as decreed in Civil Action No. 132, Garfield County District Court (in former Water District No. 38), with an adjudication date of May 11, 1889 and an appropriation date of July 1, 1885, for which the total amount decreed is 3.0 cfs; and 2. The Willow Creek Ditch, First Enlargement and water right, Priority No. 174, as decreed in Civil Action No. 132, Garfield County District Court (in former Water District No. 38), with an adjudication date of May 11, 1889 and an appropriation date of May 1, 1887, for which the total amount decreed is 3.0 cfs; and 3. The Willow Creek Ditch, 2nd Enlargement and water right, Priority No. 209, as decreed in Civil Action No. 491, Garfield County District Court (in former Water District No. 38), with an adjudication date of June 23, 1892, and an appropriation date of April 15, 1891, for which the total amount decreed is 30.0 cfs, and 4. The Herrick Ditch and water right, Priority No. 440'/z, as decreed in Civil Action No. 3330, Garfield County District Court (in former Water District No. 38), with an adjudication date of February 5, 1940, and an appropriation date of October 1, 1890, for which the total amount decreed Is 9.3 cfs, absolute; and 5. The Herrick Ditch and water right, Priority No. 683, as decreed in Civil Action No. 4613, Garfield County District Court (in former Water District No. 38), with an adjudication date of June 20, 1958, and an appropriation date of August 1, 1951, for which the total amount decreed is 51.56 cfs, absolute. B. Conveyance of Dedicated Raw Water Rights. -/X Ranch, LLC will convey an amount of water sufficient to meet the lesser of (1) the raw water irrigation requirements of the open space associated with the Public Project Component or (2) the irrigation requirements of the number of acres, not to exceed ten, historically irrigated on the 20-acre parcel committed to the Public Project Component as shown on Exhibit "B" to the Pre -Annexation Agreement as these terms are defined in the Preannexation Agreement 29.63 Final Execution Copy 5-9-01 Water Service Agreement, which amount of water shall be computed on the basis of 0.09 cfs per acre. The water shall be conveyed proportionately from the -/X Ranch, LLC's interest in the following specifically described water rights: 1. The Willow Creek Ditch and water right, Priority No. 129, as decreed in Civil Action No. 132, Garfield County District Court (in former Water District No. 38), with an adjudication date of May 11, 1889 and an appropriation date of July 1, 1885, for which the total amount decreed is 3.0 cfs; and 2. The Willow Creek Ditch, First Enlargement and water right, Priority No. 174, as decreed in Civil Action No. 132, Garfield County District Court (in former Water District No. 38), with an adjudication date of May 11, 1889 and an appropriation date of May 1, 1887, for which the total amount decreed is 3.0 cfs; and 3. The Willow Creek Ditch, 2nd Enlargement and water right, Priority No. 209, as decreed in Civil Action No. 491, Garfield County District Court (in former Water District No. 38), with an adjudication date of June 23, 1892, and an appropriation date of April 15, 1891, for which the total amount decreed is 30.0 cfs; and 4. The Herrick Ditch and water right, Priority No. 440'/z, as decreed in Civil Action No. 3330, Garfield County District Court (in former Water Distrct No. 38), with an adjudication date of February 5, 1940, and an appropriation date of October 1, 1890, for which the total amount decreed is 9.3 cfs, absolute; and 5. The Herrick Ditch.and water right, Priority No. 683, as decreed in Civil Action No. 4613, Garfield County District Court (in former Water District No. 38), with an adjudication date of June 20, 1958, and an appropriation date of August 1, 1951, for which the total amount decreed is 51.56 cfs, absolute. The amount to be conveyed for the Dedicated Raw Water Rights is of the total water right decreed and is further limited to the irrigation of not more than the total acres determined to be open space, which in any event shall not exceed the irrigation requirements of the historically irrigated acreage on the 20-acre parcel, not to exceed 10 acres. 29.64 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission Exhibit G: Intentionally Left Blank Preannexation Agreement 29.65 i This page intentionally left blank 29.66 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission Exhibit H: Proposed Zone Districts 4110 a - ---------- ij r I , I/ / ;� ✓J � r" �j VD AH/PUD ZONE J! C ZONE i PUBLIC ZONE/SPA OVERLAY HOMESITE LOCATION Scale 1" = 400' � N XPreannexation Agreement LOT LINE �FATHERING PARCEL BOUNDARY / / AND HATCH Stage Road Subdivision Bar Slash X Ranch Annexation ZONING MAP 29.67 Exhibit I: Floor Area Calculations EXHIBIT I 26.575.010 Chapter 26575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS Sections: 26.575,010 General. 26575.020 Calculations and measurements. 26.575.030 Open Space. 26575.040 Yards. 26375.045 Junk Yard and Service Yards. 26575.050 Fences. 26.575.060 Utility/trash service areas. 26575.070 Use square footage limitations. 26.575.090 Child care center. 26.575.090 Home occupations. 26.575.100 Landscape maintenance. 26.575.110 Building envelopes. 26.575.120 Satelllte dish antennas. 26575.130 Wireless Telecommunication Services Facilities and Equipment 26.575.140 Accessory uses and accessory structures. 26575.150 Outdoor Lighting. 26575.160 Dormitory. 26575.170 Fuel storage tanks 26.575.180 Restaurant. 26.575.190 Farmers' market. 26.575.200 Group Homes. 26.575.010 Gcneral. Regulations specified in other sections of this Title shall be subject to the following supplemental regulations. 26.575.020 Calculations and measurements. The purpose of this Section is to set forth supplemental regulations which relate to methods for calculating and measuring certain enumerated terms as used in this Title. The definitions of the terms are set forth at Section 26.104.100. A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: 1. General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor arca, thcrc shall be includcd that floor mica within the surrounding cxrerior walls (measured from their exterior surface) of a building, or portion thereof. 2. Decks, Balconies Porches. I.auvias and Sraimcnn. The calculation of the floor area of a building or a portion thereof shall not include decks, balconies, exterior stairways, terraces and 689 (tip. S.,. N.. 7, "3) Preannexation Agreement 29.69 r► 26.575.020 similar features, unless the area of these features is greater than fifteen (15) percent of the maxi- mum allowable floor area of the building (the excess of the 15% shall be included). Porches shall not be counted towards FAR. 3. Garaees. Carports and Storage Ares . In all zone districts except the R-15-B zone district, for the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, garages, carports, and storage areas shall be excluded up to a maximum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport, and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards allowable floor area; all garage, carport and storage areas in excess of five hundred (500) square feet per dwelling unit shall be included as part of the residential floor area calculation. For any dwelling unit which can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage shall only be excluded from floor area calculations up to two hun- dred fifty (250) square feet per dwelling unit if it is located on said alley or road; all garage, car- port and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards allowable floor area. For the purposes of determining the exclu- sion, if any, applicable to garages, carports, and storage areas, the area of all structures on a parcel shall be aggregated. In the R-1 B zone district, garage, carport, and storage areas shall be limited to a five hundred (500) square foot exemption 4. Suberade areas. To determine the portion of subgrade areas that are to be included in calculat- ing floor area, the following shall apply: a. For any story that is partially above and partially below natural or finished grade, which- ever is lower, the total percentage of exterior surface wall area that is exposed above the most restrictive of the grades shall be the total percentage of the gross square footage of the subject story included in the floor area calculation. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. (Example: If fifteen (15) percent of the exterior surface wall area has been exposed above natural or finished grade (whichever is lower), then fiftccu (15) percent of the gross square footage of the subject story will be included as floor area.) b. Also excluded from floor area calculations shall be any portion of a subgrade accessory dwelling unit whose exterior surface wall area is exposed above grade for glass, window openings, doors, and similar ways of getting light and air into the unit, or that provides re- quired Uniform Building Code egress to the unit. The maximum amount of this exclusion shall be one hundred (100) s.f of the floor area of the accessory dwelling unit. c. For any dwelling unit that can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage or tarpon shall only be eligible for the exclusions described in sub -sections a, and b. if it is located along said alley or road. (Arym Stipp. N..2, 443) 690 29.70 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission 26.575.020 d. In the R-15B zone district only, garages, carports, and storage areas shall be excluded from residential floor area calculations up to a maximum of five hundred (500) square feet per dwelling unit. 5. (Repealed by Ord. No. 56-2000, § 8) 6. Accessory Dwelling Units. An Accessory Dwelling Unit shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor Area as defined in this section, unless eligible for an exemption as described below: Detached and permanently affordable ADUFloorArea Exemption. One hundred (100) per- cent of the Floor Area of an ADU which is detached from the primary residence and deed re- stricted as a "For Sale" affordable housing unit and transferred to a qualified purchaser in accor- dance with the Aspen/Pitlan County Housing Authority Guidelines, as amended, shall be ex- cluded from the calculation of Floor Area. 7. Linked Pavilion. Any element linking the principal structure loan accessory structure shall not be included in the calculation of floor area provided that the linking structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long. Areas of linking structures in excess of ten (10) feet in length shall be counted in floor area. 690-1 (AM- s,Wp. Nu 2,443) Preannexation Agreement 29.71 �/X 26.575.020 limit on the height of the ridge. Chimneys and other appurtenances may extend up to a maximum of two (2) feet above the ridge. d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or sirnilar structures shall not extend over ten (10) feet above the specified maximum height limit, except for roofs with a pitch of 8:12 or greater, these elements may not extend more than two (2) feet above the ridge. Water towers and mechanical equipment shall not extend over five (5) feet above the specified maximum height limit. Church spires, bell towers and Eke architectural projections, as well as flag poles, may extend over the specified maxi- mum height limit. 2. Exceptions for Buildings on Slopes. The maximum height of a building's front (street fac- ing) facade may extend for the first thirty (30) feet of the building's depth. 3. Exceptions for Areaways, Lightwells and Basement Stairwells. An areaway, lightwell or basement stairwell of less than one hundred (100) square feet, entirely recessed behind the ver- tical plane established by the portion of the building facade which is closest to the street, and enclosed on all four sides to within eieln— (1R) inches of the fast floor level shall not bo counted towards maximum permissible height. C. Lot Area. Except in the R15-B zone district, when calculating floor area ratio, lot areas shall include only areas with a slope of less than 20%. In addition, half (.50) of lot areas with a slope of 20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be ex- cluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed 25%. Also excluded from total lot area for the purpose of floor area calculations in all zone districts is that atca bcncatli the high water line of a body of water and that area within a vacated right-of- way, or within an existing or proposed dedicated right-of-way or surface easement. Lot area shall include any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irrigation ditch, or any lands subject to an above ground or below ground surface easement such as utilities that do not coincide with road casements. When calculating density, lot area shall have the same exclusions and inclusions as for calculating floor area ratio except for exclusion of areas of greater than 20% slope. D. Site Coverage. Site coverage is typically expressed as a percentage. When calculating site coverage of a structure or building, the exterior walls of the structure or building at ground level should be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calculations. (Ord. Nu. 44-1999, §7) 691 (A. I=) 29.72 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission Exhibit J: ADU Regulations 26.520.010 EXHIBIT J Chapter 26520 ACCESSORY DWELLING UNITS Sections: 26520.010 Purpose. 26520.020 General. 26520.030 Authority. 26-520.040 Applicability. 26-520.050 Design Standards. 26.520.060 Calculations and Measurements. 26520.070 Deed Restrictions and Enforcement. 26520.080 Procedure. 26.520.0" Amendment of an ADU Development Order 26520.010 Purpose. The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long-standing community goad of socially, economically, and environmentally responsible development pat- tems which balance Aspen the resort and Aspen the commmdiry. Aspen values balanced neighborhoods and a sense of commonality between working residents and part-time residents. ADUs represent viable housing opportunities for working residents and allow employees to live within the fabric of the community without their housing being easily identifiable as ',em- ployce housing." ADUs also help to address the affects of existing homes, which have p ro- (`"'`' vided workforce housing, being significantly redeveloped, often as second homes. ADUs support local Aspen businesses by providing an employee base within the town and providing a critical mass of local residents important to preserving Aspen's character_ ADUs allow second homeowners the opportunity to hire an on -site caretaker to maintain their prop- erty in their absence. Increased employee housing opportunities in close proximity to employ- ment and recreation centers is also an environmentally preferred land use pattern, which re- duces automobile reliance. Detached ADUs emulate a historic development pattern and maximize the privacy and livabil- ity of both the ADU and the primary unit. Detached ADUs are more likely to be occupied by a local working resident, furthering a community goal of housing the workforce. To the extent Aspen desires detached Accessory Dwelling Units which provide viable and liv- able housing opportunities to local working residents, detached ADUs qualify existing vacant lots of record and significant redevelopment of existing homes for an exemption from the Growth Management Quota System. In addition, detached ADUs deed restricted u •T-or side^ units, according to the Aspen/Pitkin County Housing Authority Guidelines, as amended, and sold according to the procedures established in the Guidelines provide for certain Floor Area incentives. (Ord. No. 46-2001, § I (part)) (Alp. W-1) 678 Preannexation Agreement 29.73 �/x 26.520.020 26520.020 General. An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate in size and character to the primary residence and located on the same parcel or on a contigu- ous lot under the same ownership. A primary residence may have no more than one ADU. An ADU may not be accessory to another ADU. A detached ADU may only be conveyed separate from the primary residence as a "For Sale' Affordable Housing unit to a qualified purchaser pursuant the Aspen/Pitkin County Housing Authority Guidelines, as amended. An ADU shall not be considered a unit of density with regard to zoning requirements. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Man- agement Quota System (GMQS). Accessory dwelling units also may not be used to meet the requirements of Chapter 26.530 'Residential Multi -Family Housing Replacement Program." All ADUs shall be developed in conformance with this Section. (Ord. No. 46-2001, § 1 (part)) 26520.030 Authority. The Community Development Director, in accordance with the procedures, standards, and limitations of this Chapter and of Common Development Review Procedures, Chapter 26.304, shall approve, approve with conditions, or disapprove a land use application for an Accessory Dwelling Unit. An appeal of the Community Development Director's determination shall be considered by the Planning and Zoning Commission and approved, approved with conditions, or disapproved, pursuant to Section 26.520.080, Special Review. A land use application requesting a variation of the ADU design standards shall be approved, approved with conditions, or disapproved by the Planning and Zoning Commission, pursuant to Section 26.520.080, Special Review. If the land use application requesting a variation of the ADU design standards is part of a consolidated application process, authorized by the Community Development Director, requiring consideration by the Historic Preservation Commission, the Historic Preservation Commission shall approve, approve with conditions, or disapprove the variation, pursuant to Section 26520.080, Special Review. (Ord. No. 46-2001, § 1 (part)) 26.520.040 Applicability. This Section applies to all zone districts within the City of Aspen in which an Accessory Dwelling Unit is a permitted use, as designated in Chapter 26.710, and to all Accessory Dwell- ing Units approved prior to the adoption of Ordinance No. 46. Series of 2001. (Ord. No. 46- 2001, § 1 (part)) 16,52&050 Design Standards. All ADUs shall conform to the following design standards unless otherwise approved, pursu- ant to Section 26.520.080, Special Review: 679 v.P.nm) 29.74 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission 26.520.050 1. An ADU must contain between three hundred (300) and eight hundred (800) net livable square feet, ten (10) percent of which must be a closet or storage area. 2. An ADU must be able to function as a separate dwelling unit. This includes the following: a) An ADU must be separately accessible from the exterior. An interior entrance to the primary residence may be approved by the Commission, pursuant to Special Review; b) An ADU must have separately accessible utilities. This does not preclude shared ser- vices; c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove with two burners, a sink, and a refrigerator with a minimum of six (6) cubic feet of capacity and a freezer, and, d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet, and a shower. 3. One parking space for the ADU shall be provided on -site and shall remain available for the benefit of the ADU resident The parking space shall not be stacked with a space for the primary residence. 4. The finished floor height(s) of the ADU shall be entirely above the natural or finished it grade, whichever is higher, on all sides of the structure. 5. The ADU shall be detached from the primary residence. An ADU located above a detached garage or storage area shall qualify as.a detached ADU. No other connections to the pri- mary residence, or portions thereof, shall qualify the ADU as detached. 6. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. if the entrance is accessed via stairs, sufficient means of preventing snow and ice from accu- mulating on the stairs shall be provided. 8. ADUc shall be developed in accordance with the requirements of this tide which apply to residential development in general. These include, but are not limited to, the Uniform Building Code requirements related to adequate natural light, ventilation, fire egress, fire suppmssion, and sound attenuation hotween living units. Thin atandard may not 6e varied. 9. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not be varied. (Ord. No. 46-2001, § I (part)) mn 680 .. Preannexation Agreement 29.75 +fir 26.520.060 26.520.060 Calculations and Measurements. A. Floor Area ADUs are attributed to the maximum allowable floor area for the given property on which they are developed, pursuant to Section 26.575.020 Calculations and Measurements. (Ord. No. 46- 2001, § 1 (part)) B. Net Livable Square Footage. ADUs must contain between three hundred (300) and eight hundred (800) square feet of net livable floor area, unless varied through a land use review. The calculation of net livable area differs slightly from the calculation of Floor Area inasmuch as it measures the interior dimen- sions of the unit. (Ord. No. 46-2001, § 1 (part)) 26.520.070 Deed Restrictions and Enforcement. A. Deed Restrictions. At a minimum, all properties containing an ADU shall be deed restricted in the following manner: • The ADU shall be registered with the Aspen/Pitkin County Housing Authority. • Any occupant of an ADU shall be qualified as a local working resident according to the current Aspen/Pitkin County Housing Authority Guidelines, as amended. • The ADU shall be restricted to lease periods of no less then six (6) months in duration, or as otherwise required by the current Aspen/Pitkin County Housing Authority Guidelines. Leases must be recorded with the Housing Authority. A detached and permanently affordable Accessory Dwelling Unit qualifying a property for a Floor Area Exemption, pursuant to Section 26.575.020(A)(6), shall be deed restricted as a "For Sale" Affordable Housing Unit and conveyed to a qualified purchaser, according to the Aspen/Pitkin County Housing Authority Guidelines, as amended. Accessory Dwelling Units restricted to Mandatory Occupancy in exchange for a Floor Area Bonus, prior to the adoption of Ordinance 46, Series of 2001, shall be continuously occupied by a local working resident, as defined by Aspen/Pitkin County Housing Authority, for lease periods of six (6) months or greater, unless the owner is granted approval to remove that re- striction pursuant to Section 26.520.090(A), Insubstantial Amendments. The Aspen/Pitkin County Housing Authority shall provide a standard form for recording Ac- cessory Dwelling Unit deed restrictions. The deed restriction shall be recorded with the Pitkin County Clerk and Recorder prior to an application for a building permit may be accepted. The book and page associated with the recordation shall be noted in the building permit plans for an ADU. B. Enforcement The AspenTitkin County Housing Authority, or their designee, shall enforce the recorded deed restriction between the property owner and Aspen/Pitkin County Housing Authority. (Ord. No. 46-2001, § 1 (part); Ord. No.,47-2001, § 1) 681 (A' wM) 29.76 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission Exhibit K: Consumer Price Index Calculation Method EXHIBIT K CALCULATION OF CHANGES IN URBAN INDEX The term "CPr, used herein shall refer to the Consumer Price Index - All Urban Consumers (CPI-U), U.S. City Average, All Items (1967 = 100) compiled by the United States Deparhmnt of Labor, Bureau of Labor Statistics. By way of identification, the parties agree that the CPI-U index number for July 1993 = 432.6. If at the time of computation of CPI increases as provided below the Urban Index as defined isnot then being currently published, the parties shall mutually select a substitute index which has historically approximated the Urban Index as defined. The parties further agree that the methodology they will use for calculating index changes in the Urban Index is that described in the instruction sheet from the Bureau of Labor Statistics, U.S. Department of Labor, which reads as follows: CALCULATING INDEX CHANGES Movements of the indexes from one month to another are usually expressed as percent changes rather than changes in index points, because index point changes are affected by the level of the index in relation to its base period while percent changes are not. The example in the accompanying box illustrates the computation of index point and percent changes. Percent changes for 3-month and 6-month period are expressed as annual rates and are computed according to the standard formula for compound growth rates. These data indicate what the percent change would be if the current rate were maintained for a 12-month period. INDEX POINT CHANGE CPI 315.5 Less previous index 303.5 Equals index point change 12.0 PERCENT CHANGE Index Point difference 12.0 Divided by the previuus index 303.5 Equals 0.040 Results multiplied by one hundred 0.040 x 100 Equals percent change 4.0 29 Preannexation Agreement 29.77 4W/X Exhibit T-A: Land acquired by Quiet Title Action EXHIBIT T-A LOCATED OVER A PORTION OF SECTION Z TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO, BEING DESCRIBED AS FOLLOM: BEGINNING at the Southeast Corner of Lot 5, said Section 2 thence, aleng the South Line of said Lot 5, North 58*1 S48" West, 436.30 feet to said South Line's intersection with the Northerly continuation of the existing fence line as refered to in deed recorded in Book 351, rage 144 of the Pitldn County Records; thence, along said fence line through the following courses North 13'50'57" East, 114.50 feek North 12'44'So" East, 284.79 fee; and North 12"34'48" Ea.-, 253.95 feet to the top of a steep slope above the Roaring Fork River, thence, leaving said fence line, along said too of slope through the folbmng courses South 59'34'09" East 69.27 feet to a point on a non -tangent 1XO 00 foot radius curve concave Southwest a radial line to said point bears North 571753'Fast Southeasterly along said curve, through a central angle of 10*1653" a length of 179.45 feet; South 07'11'09" East 50 03 feat South 21 *1617" East 44 53 feet South 05'31'10" West 3200 feet South 10 3700" East, 45 00 feat to the beginning of a tangent 40.00 foot radius curve concave Northeast Scutherly, Southeasterly, Easterly and Northeasterly along sad rune, through a central angle of 109°11'30" a length of 75 23 feet South 25'2941" East, 42.24 feet South 3.5= East 43.07 feet South 20°30'32" East, 50.20 feet and South 27`41'19" East 17.40 feet tc said top d sk*e's intersection with the East Line of said W 5. thence, along said East Line, South 4'08'52' West 135.55 feet to the POINT OF BEGINNING The hereinabcvo doccribed 9ar/X Ranch Parcel 2, contains 3.915 Acres, more or less. 29.78 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission B U R L I N G A M E R A N C H Affordable Housing Land Use & Development Plan r City of Aspen 15 May, 2001 Revised July 2003 L Table of Contents Update to the Development Guidelines as of July 2003 Summary of Updates COWOP Task Force Roster July 2003 Introduction and Background Mission Statement of the Development . Goals of the Development How the Development Plan is Used Land Use Approval Process Pre -Annexation Agreement Legal Framework Technical Consultant Team Site History Physical Characteristics of the Site Development Guidelines Environmental Infrastructure Transportation Architecture Economic Conclusion Acknowledgments Appendii 0 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN UPDATE TO THE DEVELOPMENT GUIDELINES Affordable Housing Land Use & Development Plan Summary of Updates LAND USE & DEVELOPMENT PLAN UPDATE PURPOSE OF THE UPDATE: In May 2001 the Burlingame Ranch' COWOP Task Force Team created a document of recommendations regarding the proposed affordable housing at Burlingame Ranch; the document is titled Burlingame Ranch —Affordable Housing Land Use & Development Plan. Pending Aspen City Council approval, the Land Use & Development Plan will be used as a source of guidelines and reference within which a final design for this proposed affordable housing community would be created. The plan represents the community's interests and preferred design elements for Burlingame Ranch. Since May 2001, some circumstances regarding the affordable housing development have changed necessitating an update to the Land Use & Development Plan. Rather than alter the original document, all amendments to the project are noted in this update and should supercede any previous recommendations. In July of 2003, the Task Force Team reconvened for two meetings to review enhancements to the project since 2001. Members of the original task force team were contacted to participate in the follow-up meetings. In some instances new people were added to the task force as a result of position changes at various agencies or City held positions. The July 2003 Task Force Team roster is included in these amendments. DEVELOPMENTS BETWEEN MAY 2001 & JULY 2003: Several events have occurred that impact decisions made by the Task Force Team with regard to future development at Burlingame Ranch. These events include a financial analysis not available at the time of the initial Task Force recommendations (e.g. Housing Master Plan Study by EPS dated February 2002), first and second amendments to the pre -annexation agreement, boundary modifications to the proposed site area, and an update of the Aspen/Pitkin County Housing Authority Guidelines. These are addressed in more detail below. AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Rev. 0712003 page 1 Summary of Updates Amended Pre -annexation Agreement: In December 2001, the Pre -annexation Agreement with Bar/X Ranch, LLC was modified to increase the development potential at Burlingame Ranch from 225 to 330 affordable housing units and to expand the potential developable area for housing development. Other additional changes to the agreement involved access, small -parcel land trades, and finished square footage limitations which are further stipulated in the Pre -annexation Agreement amendments. Financial Analysis: In May 2001, the COWOP completed recommendations to City Council on development at Burlingame Ranch. At that time, there was no financial information available. In June 2001, City Council made the decision to hire a financial consultant, EPS, to analyze and prioritize all of the proposed affordable housing projects including Burlingame Ranch. Council felt that the financial information was critical prior to approving or denying the Burlingame Ranch project. EPS completed their financial analysis in February of 2002 naming Burlingame Ranch as one of the top three sites for future affordable housing. Based on the revised annexation agreement, EPS increased the proposed density on the site from 225 units to 330 units for their financial analysis. EPS also assumed that all units would be "for sale" and that some component of resident occupied (RO) housing would be required to make the project financially viable. (The recommendation of an RO component was made prior to the creation of income categories 5,6 and 7 in the Aspen/Pitkin County Housing Authority guidelines.) Site Boundal-ies: Since May 2001, the boundaries for the project site have also been altered somewhat. Development in Deer Hill or the back bowl is no longer permissible, but the potential for development in the area that was previously referred to as the AVLT property is now available for consideration. With these adjustments as well as some other minor boundary modifications, the total potential site development area has increased from 25 acres to now just less than 32 acres. Housing Authority Guidelines: The Housing Authority has developed new guidelines for affordable housing. Under the revised guidelines Rev. 0712003page 2 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Summary of Updates three new categories of housing have been introduced: Categories 5-7. These higher priced units were not available for consideration in May 2001. Similarly, suggested sales prices for vacant lots are also included in the revised guidelines. City Council Recommendations: Based on financial proforma information provided by EPS and City staff, Council preliminarily recommended phased development at Burlingame Ranch with 110 units per phase. Up to 35 Resident Occupied units would be included in the Phase 1 development as a way to help jump start the development process; monies raised from the sale of the RO lots would be used to subsidize development of other lower category housing on the site. Summary of Changes Between May 2001 and July 2003: May 2001 July 2003 225 max number of units 330 Max number of units See first and second amended Pre -Annexation agreements 25 acre site New site includes AVLT property and additional +/-4 acres from Bar/X Ranch totaling approx. 32 acres. Housing Authority Guidelines New guidelines include Categories 1-4 and RO categories 1-7 and RO. See APCHA guidelines. Council recommends 3 - phases of 110 units each with 35 RO lots in Phase I TASK FORCE TEAM RECOMMENDATIONS — JULY 2003: The Task Force Team remains committed to the mission of creating a supply of desirable affordable housing on the Burlingame Ranch site. Some members of the newly convened Task Force expressed concern that the location of the project was too far from the downtown area. But all members agreed that if housing were to be built on this site, then density should be maximized at 330 units. AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Rev. 0712003 page 3 Summary of Updates The Task Force feels that the development should include a neighborhood center and/or park. The neighborhood center might include space for mailboxes, the main bus stop, and possibly a small daycare for the neighborhood. Development of the center might be included as a part of the project or developed by the homeowner's association at a later date. Other community facilities like schools, fire stations, churches, etc. are best left for sites other than Burlingame Ranch. The Task Force remains committed to the principle that stacked flats are not desirable at this location. There is unanimous consensus that it is preferable to live "next to" rather than "on top of another unit. The Task Force is enthusiastic about the potential for townhome and attached dwelling units on this site. The Task Force again expressed their interest in maintaining the expandability of some units, i.e. a one bedroom that is designed with the flexibility to become a two bedroom. The developer should earmark certain units that are designed with the possibility of expansion by the owner. These units should have additional FAR approved in the entitlement process. Also, flexible zoning was requested by granting the entitlements through a PUD rather than specific zones to encourage options. (The pre -annexation agreement proposes to change the existing zoning to a AH-PUD, satisfying this request.) The recommended unit mix should include 1, 2, 3 bedrooms and single family detached housing with 100% of the development for sale. Based on the newly provided financial information the COWOP realized that the unit mix must include sale units in the higher categories, i.e. 5, 6, 7 and RO to create a financially viable project. The COWOP agreed that lower category units are still in demand but that the higher category sales would be required to subsidize the lower category units. Specific unit mixes and recommendations are detailed in the chart below. While there was consensus for these recommendations, one member of the Task Force Team felt that there was a greater need for detached housing and that the proposed mix included too many one bedrooms. That same Task Force member also felt that the target income category should be higher than 3.5 based on the availability of higher income categories under the new Housing Authority Guidelines. Rev. 0712003page 4 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN The COWOP also expressed that the project should not be under -parked as part of an auto -disincentive program. A parking ratio of 1.65 spaces per unit is still desirable. Overflow parking and future phased parking construction should be considered. As the site plan is developed, the Task Force believes that City requirements for curb and gutter should be flexible at this site. The preference is for no curb and gutter. Summary of Task Force Recommendations Between May 2001 and July 2003: May 2001 July 2003 225 max number of units 330 Max number of units 25 acre site New site includes AVLT property and additional +/-4 acres form Bar/X Ranch totaling approx. 32 acres. 60%-70% for sale units 100% for sale units Target income category 3 Target income category 3.5 (achieved by mixing categories 2-7) Over 50% 2 and 3 bedroom units. At least 60% 2 & 3 bedroom At least another 25% units. At least 20% 1 1 bedroom units bedroom units. At least 60% townhomes. 30% max single family detached; 10% may include carriage house No lots Strongly opposed to stacked flats Parking ratio of 1.65 per unit 60% townhomes 20% detached units, single family, carriage house, etc. 10% RO lots 10% Category 6 & 7 lots No stacked flats Parking ration of 1.65 per unit with opportunities for overflow parking and future parking Summary of Updates AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Rev. 0712003 page 5 Summary of Updates COWOP TASK FORCE TEAM JULY 2003 City of Aspen City Council Mayor Helen Kalin Klanderud Tim Semrau BarIX Ranch, LLC Pam Zoline (John Lifton) City of Aspen Planning and Zoning Commission Ruth Kruger Jack Johnson Aspen/Pitkin County Housing Board Marcia Goshorn Steve Elliot Many Voices Jamie Knowlton --resigned Aspen Valley Land Trust Martha Cochran Aspen Airport Business Center Judy Pearce Representative of People with Disabilities Denis Murray General Public Evan Griffiths Josh Burnaman Linda Gerdenich Rev. 0712003 page 6 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN INTRODUCTION AND BACKGROUND Affordable Housing Land Use & Development Plan Introduction and Background MISSION STATEMENT OF THE DEVELOPMENT The mission statement for the Burlingame Ranch development is to create a supply of desirable affordable housing and free market housing that compliments the property's rich history and continued use as a working cattle ranch, within the terms of the Pre -Annexation Agreement. The Burlingame Ranch development shall support the Aspen Area Community Plan goals to encourage a more balanced permanent community, capture employee generation from single-family homes, encourage a diverse population, have quality design and construction and preserve important open spaces. AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 1 Introduction and Background GOALS OF THE DEVELOPMENT Aesthetics & Design 1. To maintain as much of the working ranch as possible. Ranching is culturally and aesthetically important to the Roaring Fork Valley. 2. To build.an affordable housing village that has an interesting aesthetic design complimentary to the surrounding environment and neighbors. 3. To build an affordable housing village that supports public transit use and discourages private auto traffic. Open Space & Conservation 4. To build an affordable housing village and free market homes complimenting the existence of the working ranch and surrounding open space. 5. To build an affordable housing village that is sensitive to the existing surrounding uses, open space and neighbors, particularly the Soldners, Caudills, Harveys, Aspen Valley Land Trust, and Maroon Creek Club. 6. To ensure the preservation of open space through a comprehensive conversation easement and free market development that maintains as much of the working ranch as possible. Environmental 7. To build an affordable housing village that has minimal environmental impacts. 8. To build an affordable housing village that incorporates green building techniques and materials. Economics 9. To build an affordable housing village with a cost- effective design and that is financially feasible. 10. To build an affordable housing village under a prudent schedule to minimize costs incurred from inflation. 11. To build an affordable housing village that includes opportunities to form further public/private partnerships including non-profit agencies. Community 12. To build a compact affordable housing village to the highest density the site can sustain, within the terms of the Pre -Annexation Agreement. 13. To build an affordable housing village in concert with page 2 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN introduction and Background the Aspen Area Community Plan goal of providing "800 to 1300 additional affordable housing units within the Aspen Community growth Boundary. Consideration should be given to minimize the development footprint of all affordable housing projects without compromising the appropriate density for the livability of the project." (pg. 26 of the 2000 AACP) 14. To build an affordable housing village that is accessible to a diverse population of singles and families and of owners and renters. 15. To design an affordable housing village that creates a sense of community. 16. To build an affordable housing village under a prudent schedule to meet the needs of Pitkin County employees in the shortest time possible. AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 3 Introduction and ASPEN ---I AIRPORT BUSINESS CENTER ASPEN y VALLEY ° y LAND 8 A i TRUST '- e 2R V O DEER HILL AFFORDABLE; i HOUSING °Oti \ J I BAR-X RANCH I, 1 SOLMER =PROPEAT MAROON CREEK CLUB BAR-X RANCH E I �1 tiy,Y e� o � T � I O z q3 pFN HOW THE DEVELOPMENT PLAN IS USED Introduction The purpose of the Land Use & Development Plan is to set forth the best land use guidelines for the Property Proposed to be Annexed, in the best interest of the City of Aspen. The Land Use & Development Plan is a land use application filed with the -City of Aspen Community Development Department for ultimate approval by the Aspen City Council. Implementation Pending Aspen City Council approval, the Land Use & Development Plan will be used as a source of guidelines and reference within which a final design shall be created. The plan represents the community's interests and preferred design elements for Burlingame Ranch. All efforts shall be made to abide by the plan just as one abides by a city land use code. Some guidelines are more general than others with the intent of allowing greater flexibility for a creative final design. Consequently, it is understood and accepted that financing mechanisms may require flexibility in implementing the guidelines described in this development plan. Each item varying from the prescribed guidelines will require review from the Aspen Pitkin County Housing Authority and may be further referred to the Aspen City Council for approval. Affordable Housing & Free Market The Burlingame Ranch Land Use & Development Plan is composed of two parts. Part I describes development for the free market portion of the ranch. This has been composed primarily by Bar/X Ranch LLC, and has been generally approved by the COWOP Task Force Team. Part II describes development for the affordable housing portion of the ranch. Part II is the product of tremendous amounts of effort from the COWOP Task Force Team and members of the public. The Task Force Team met at least once a month since October 2000 — May 2001. Topics of the development plan were thoroughly examined, critiqued and discussed with the intent of finding and creating the best guidelines for development of the affordable housing site. page 4 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Introduction and Background LAND USE APPROVAL PROCESS Convenience Or Welfare Of the Public (COWOP) The Convenience Or Welfare Of the Public (COWOP) land use approval process was recommended for adoption by the City Planning and Zoning Commission and then adopted by the Aspen City Council April 10, 2000. The COWOP land use approval process allows for one of two process alternatives: a.) Traditional Land Use Code process or b.) COWOP (Convenience Or Welfare Of the Public) process. The COWOP land use approval process was created "to provide a simplified, comprehensive and flexible process for reviewing development proposals that are determined to be reasonably necessary for the convenience and welfare of the public and to allow for greater public participation in the approval of public projects." (Ord. No. 07, Series of 2000). On September 6, 2000, the Aspen City Council determined the Burlingame Ranch application eligible for participation in the COWOP land use approvals process. As part of the COWOP process (pursuant to Sec. 26.500.050(B)(c)), a Task Force Team is formed and approved by the City Council. Task Force Team The Task Force Team mission is to recommend a design and review the development proposal. The Task Force Team serves in an advisory capacity to the City Council who makes final decisions on development proposals. The Burlingame Ranch Task Force Team consists of 15 members who represent the interests of elected officials, commissions, boards, property neighbors, the proposed project's critics and employee housing residents (see Acknowledgements). The Chairperson for the Task Force is, by ordinance, the Director of Community Development. The Task Force Team committed to a minimum of one meeting per month, however frequently participated in two meetings per month. The Team began meeting in October 2000. AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 5 Introduction and Background The Burlingame Ranch Task Force Team committed to seven items of responsibility: 1. Regularly attend and prepare for work sessions of the Task Force; 2. Clearly articulate and represent his or her interests and be clear when he or she is speaking for a constituency or organization; 3. Listen to other points of view and try to understand the interests of others; 4. Openly discuss issues with people who hold diverse views and participate in a cooperative problem -solving procedure to resolve differences; Generate and evaluate options to address the needs expressed by the Task Force; 6. Keep his or her constituent group(s) informed and solicit their individual input; Team members are responsible for keeping current. Meetings will continue regardless of absent Team members. Staff from the Community Development Department and the Aspen Pitkin County Housing Authority supports the Task Force Team. Technical expertise is provided by the Consultant Team, lead by dhm design Principals, Laura Kirk and Dave Carpenter. Aspen Pitkin County Housing Authority acts as agent for the owners (Bar/X Ranch and City of Aspen) of the property throughout the approval process. Michelle Bonfils from APCHA is the Project Manager. page 6 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN PRE -ANNEXATION AGREEMENT The subject property, Burlingame Ranch Affordable Housing, is located northeast of Colorado Highway 82 and south of Roaring Fork River, westerly adjacent to Deer Hill. Burlingame Ranch Affordable Housing is located on 25 acres, 5 of which are currently owned by the City of Aspen and 20 currently owned by the Zoline family. The Zoline family and the City of Aspen have negotiated a pre -annexation agreement for the Bar /X Ranch property, currently in Pitkin County and contiguous to the City owned Burlingame Ranch property. The pre -annexation agreement is a tool to set the framework under which future development could occur on this private property upon its annexation into the City of Aspen. The negotiation has considered the development of family -style affordable homes in concert with free-market single-family homes. The goal of this partnership is to obtain a greater amount of affordable housing in the Aspen area and conserve a large amount of open space and a working cattle ranch. The pre -annexation agreement addresses both the affordable housing and free market units proposed for development at "Burlingame Ranch." The City of Aspen assumes responsibility for developing all affordable housing up to 225 units. The Zoline family will develop building envelopes for 12 free market lots around which the remainder of the free market acreage will be subject to permanent conservation easements. To secure land use approvals for the proposed development listed in the pre -annexation agreement (see appendix), a development agreement ("Burlingame Ranch Land Use & Development Plan") is required. The Burlingame Ranch Land Use & Development Plan is the product of over six months of work completed by members of the public organized into a Task Force Team. This Task Force Team is a part of the Convenience Or Welfare Of the Public (COWOP) land use review process. The Task Force Team serves in an advisory capacity to the City Council who makes final decisions on development proposals. Introduction and ASPENIPITKIN % COUNTY AIRPORT �1 ASPEN AIRPORT BUSINESS CENTER 1 eti / DEER HILL 111 PROJECT )� SITE RED 0 MP�DCP1 to � BUTTE / I fw 11 ° � 1Q i0 GP 1 I ASPEN J i t Project site vicinity diagram AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 7 Introduction and Background LEGAL FRAMEWORK Introduction The proposed Burlingame Ranch development is bound by several legal documents including the Pre - Annexation Agreement (see appendix_) and the City of Aspen/Maroon Creek Club Settlement (see appendix __). All proposals in the Land Use & Development Plan reflect the opportunities and constraints of these documents. No part of either of these binding agreements should be considered flexible. Pre -Annexation Agreement There are a series of restrictions in the Pre -Annexation Agreement (see appendix_) to be considered. However, the most prevelant restrictions to the affordable housing site include: Maximum of 225 units (of any size, type and configuration) Defined site of 25 acres. No dogs allowed. The Pre -Annexation Agreement should be thoroughly reviewed to understand these restrictions, and the affordable housing site and the free market development relationship, as well as other opportunities and constraints. City Of Aspen/ Maroon Creek Club Settlement The City of Aspen and the Maroon Creek Club have entered into a settlement (see appendix_) regarding future access to the proposed Burlingame Ranch affordable housing development (also referred to as "Burlingame Village"). In summary, this settlement restricts access to the affordable housing site from using New Stage Road (the access road in front of the Maroon Creek Club). Access to the affordable housing site must be from the new intersection at Stage Road and Highway 82. See the Transportation Guidelines for further description of the opportunities and constraints associated with this settlement. page 8 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Introduction and Background TECHNICAL CONSULTANT TEAM Selection Process A technical consultant team was hired by the Aspen Pitkin County Housing Authority to assist in creating a Land Use & Development Plan for the Burlingame Ranch affordable housing proposal. The consultant team, lead by DHM Design, was selected in a Request For Proposals (RFP) process. The RFP selection panel included one member from each of the following agencies: 1. Aspen Pitkin County Community Development Department 2. Aspen Pitkin County Housing Board 3. Aspen Pitkin County Housing Authority 4. City of Aspen Planning and Zoning Commission 5. City of Aspen City Council Member 6. Representative of Bar/X Ranch 7. COWOP Task Force Team member(s) Purpose The purpose of the Consultant Team is to act on behalf of the property owners through APCHA to create the Land Use & Development Plan for the affordable housing portion of the Burlingame Ranch proposal. The Consultant Team is responsible for: 1. Conducting initial analysis of the existing conditions of the entire 219 acre site 2. Assistance in general development resulting in a written and graphic final Land Use & Development Plan for the affordable housing portion of the Burlingame Ranch proposal. The Consultant Team was not hired for specific design solutions or construction work, however may bid on future work associated with the Burlingame Ranch project. AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 9 Introduction and SITE HISTORY Introduction Burlingame Ranch, as described in this document, consists of two existing ranches — Burlingame Ranch and Bar/X Ranch. Burlingame Ranch, owned by the City of Aspen, is basically the Deer Hill area. Bar/X Ranch includes the majority of the affordable housing site described in this plan, as well as the entirety of the free market property. Burlingame Ranch The Deer Hill area has been identified as a potential site for affordable housing. Prior to the COWOP Task Force Team assembly, a series of design workshops were held to locate and discern opportunities and constraints for such a development. These workshops considered comprehensively how best to achieve a wide variety of goals, including housing and open space conservation, for all lands in the area. This process identified the back -bowl of Deer Hill as a potential housing site for some 75 units of family -oriented housing. It also identified it as a potentially sensitive area for development. Several iterations of preliminary design studies were prepared during this process that also studied adjacent properties. The result of the workshops was the identification of a site for affordable housing that encompassed a portion of the City -owned Burlingame Ranch and a portion of the adjacent privately -owned Bar /X Ranch as best suited for future development. The design workshops indicated that this site, which overlaps the two properties, could accommodate up to 225 affordable housing units with a family orientation. The Land Use & Development Plan is the result of negotiations that determined how to proceed with joining this private property with public property to achieve affordable housing and conserve open space. Bar/X Ranch Bar/X Ranch has been in the Zoline family for over 40 years. The Zoline's have maintained a working cattle ranch since their acquisition of the property. Bar/X Ranch is the last working cattle ranch in this proximity to the City of Aspen. To financially maintain the cattle operation, development of portions of Bar/X Ranch is page 10 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Introduction and Background critical. The cultural and aesthetic elements of the ranch are highly valued by the Zoline family and are of utmost priority to maintain. Both the proposed free market and affordable housing developments shall compliment and respect the continued existence of the cattle operation. AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 11 PHYSICAL CHARACTERISTICS OF THE SITE Affordable Housing Land Use & Development Plan INTRODUCTION The Burlingame Ranch site is located off of Highway 82 and generally bordered by Maroon Creek, the Roaring Fork, the Aspen Business Center, and Deer Hill. The affordable housing site is a 25-acre parcel 'adjacent to Deer Hill. This site allows historic ranching operations to continue on the remainder of the property and is setback from neighboring riparian corridors limiting disturbance to these sensitive areas. SITE CHARACTER A slope analysis is included as a part of this document highlighting three levels of slope conditions: 0%-15%, 15%-25%, and over 25%. Preservation of the existing topography is strongly encouraged. Though development can occur in the steeper areas, the economic costs and damage to the existing conditions will be more significant. The flatter areas of the site generally fall into three terraces separated by steeper conditions. The terraces are situated with an eastern aspect offering expansive views to the north, east, and south. Vegetation on the affordable housing site consists of sage and native grasses with few trees. Surrounding the site, vegetation varies somewhat. Scrub oak stands intermingled with sage fields are found on Deer Hill. Spruce, oak, birch, aspen, alders, and willows are found in the drainages and in the riparian corridor north and east of the site. The soil conditions, as documented in the attached Geologic Report, are generally identified as well -draining glacial cobble and soils. No limitations or specific concerns have been highlighted in the report that would have a significant impact on construction methods or costs. As the site plans are developed, a more thorough investigation will be warranted prior to construction. The Bar X Ranch, referred to as Burlingame Ranch in this document, is a historic ranch typical of ranching operations that once dominated the Roaring Fork Valley. Continuation of the ranching operations is critical to the project and the affordable housing design solution should be sensitive to this issue. As noted in other parts of this document, a free market housing component is proposed for other parts of Burlingame Ranch. Physical Characteristics of the Site t 41, 4� r. AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 15 Physical Characteristics of the Site To the north of the affordable housing site is a.parcel of land owned by the Aspen Valley Land Trust. This property is held as a conservation easement. The AVLT property is situated in between the Burlingame Ranch affordable housing site and the Aspen Airport Business Center. Slopes along the AVLT property adjacent to the AABC are extremely steep. Several other private residences are located at the end of Old Stage Road near the river corridor. The affordable housing development should consider how it is viewed from off -site by adjacent landowners as well as from other off -site locations. An environmental consultant was hired as an integral component of the COWOP process. A Summary of Natural Resources is included as a portion of this report. This report reflects a synthesis of information gathered from previous studies; a detailed inventory of natural resources was not completed for this submittal.. The Natural Resource report did not identify any constraints to development. There has been concern that the affordable housing development will negatively impact the wildlife that has historically been found on this site. These concerns should be considered in the site plan development. The affordable housing site, however, is "not a regionally significant wildlife resource because of habitat fragmentation and barriers to movement created by cleared pastures, roads and highways, housing, the airport, the business park, the ski area, the golf course, etc. As the study area becomes more isolated by additional development, its value as wildlife habitat will continue to diminish." (Natural Resource Study, 2001) Issues related to bringing utilities and transportation access to the site are discussed at length in the Development Guidelines. Utility and transportation access should balance ease and cost of construction with disturbance to the open space and the overall character of the final development. page 16 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Physical Characteristics of the Site ASPENLAIRPORT' BUSINESS:.CENTE�R IASPEN VALLEY ` LAND TRUST,"W�\ "PROP ERTY �✓, MAROON CREEK Y I L -- --�- -- L fi DEER I IJI.LL �! i r; i2f, BLE .AFFORDA;f =x j r HOUSING SITE -� r _ 1 i-FREE-MARKtT I ti r =rr l I) HOUSING , <15% SLOPE 15-25% SLOPE = >25% SLOPE AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 17 DEVELOPMENT GUIDELINES Affordable Housing Land Use & Development Plan Environmental ENVIRONMENTAL INTRODUCTION The Burlingame Ranch Affordable Housing environmental and green building guidelines are based on the City of Aspen and Pitkin County Ecological Bill of Rights. Each of the Rights listed in the following bill have been specifically incorporated into the Green Building Guidelines. ECOLOGICAL BILL OF RIGHTS As residents of the City of Aspen and of Pitkin County, and stewards of our natural heritage and resources, we see the integrity of our valley ecosystem increasingly challenged and violated by human activity. Population growth and the accompanying sprawl are seriously damaging and threatening to destroy the ecological carrying capacity (environmental sustainability) of this valley. 1) The right to breathe clean air and enjoy clear vistas. 2) The right to the preservation of remaining natural riparian areas and wetlands. 3) The right to permanently protected minimum stream flows in rivers and creeks. 4) The right to the preservation and restoration of native wildlife and plant diversity by preservation of sufficient habitat. 5) The right to protection of designated wilderness through management of adjoining land in a way that preserves the integrity of the wilderness areas. 6) The right to a landscape kept free of noxious and invasive weeds. 7) The right of appropriate access to public lands on roads and trails historically open to the public consistent with the nature and designation of the public lands. 8) The right to dedicated open space protected from urbanization and development. Development Guidelines h4,4. r - J; v AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 21 Development Guidelines Environmental 9) The right to the efficient and renewable use of energy 10) The right to be free from excessive noise. 11) The right to see the night sky without the interference of unnecessary artificial light from growth, urbanization and highway development. 12) The right to the absolute minimum involuntary exposure to toxic chemicals, radioactive substances and energy forms that are hazardous to health. 13) The right to maintain and not exceed the carrying capacity (sustainability) of the land and water, and including protecting water quality. 14) The right to expect from our government legislation and active enforcement of land use and development regulations consistent with this Ecological Bill of Rights. page 22 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Environmental GREEN BUILDING Background The "green building" guidelines for Burlingame Ranch affordable housing are an important part of the Goals of Development and reflect the City of Aspen Ecological Bill of Rights. These guidelines are organized under nine primary topics: Save Energy, Reduce Private -Auto Dependence, Reduce Material Use, Protect and Enhance the Site, Select Low -Impact Materials, Maximize Longevity, Save Water, Make the Buildings Healthy, and Minimize Construction Waste. Designs for Burlingame Ranch affordable housing shall incorporate as many of the following topics and goals as possible. At a minimum, designs shall comply with the 1999 Aspen/Pitkin Energy Conservation Code. The economies of scale with a project of this size should help make green building more affordable. Similarly, the final design shall maximize use of the most cost effective strategies prioritizing no -cost and low-cost strategies. Documentation of this process will provide an important educational tool for the community, demonstrating the steps taken to create a model for sustainable design. Save Energy Saving energy by maximizing energy efficiency can create a healthier and more comfortable environment to live in while minimizing environmental impact. Residents have the right to efficient and renewable use of energy including tight, well -insulated building envelopes, passive solar heating, day lighting, reduced HVAC reliance, and maximized renewable energy sources. Reduce Private -Auto Dependence Reduction of traffic on Colorado State Highway 82 is a goal of the City of Aspen. All efforts should be implemented to discourage private automobile trips from Burlingame Ranch affordable housing by creating a convenient, transit -oriented community. Designs should encourage alternative modes of transportation particularly public transit as well as safe, attractive, and convenient walking and bicycle opportunities. The shared car program recently initiated for the City of Development Guidelines A AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 23 Guidelines Environmental Aspen should be studied for use at this site. Perhaps community cars could be made available to residents who are willing to limit their parking needs. Reduce Material Use As an affordable housing project, reduced material use to maintain affordability and allow for an adaptable design is a must. Housing should be made of highly durable, attractive materials with open floor plans that allow flexibility for homeowners to expand their units. Protect And Enhance The Site Burlingame Ranch has a legacy as a working ranch. This legacy is both important aesthetically and environmentally. All efforts should be made to protect and enhance the site, maintaining the character of the working ranch as well as the ecological integrity of the site. Select Low -Impact Materials Residents have the right to the absolute minimum involuntary exposure to toxic chemicals and energy forms that are hazardous to health. Select low -impact materials that are resource efficient and biodegradable to minimize environmental impacts and maintain indoor air quality. Maximize Longevity Of Buildings Maximize longevity of buildings to maintain comfortable, safe and affordable housing. Housing should be made of highly durable, easy maintenance materials with open floor plans that allow flexibility for homeowners to expand their units as family needs change. Save Water The working ranch character of the site should be maintained, minimizing suburban -oriented landscaping. Save water through both indoor and outdoor conservation. Similarly, opportunities to recycle water from sources such as washing machines and showers for irrigation and other uses should be explored. page 24 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Environmental Make The Buildings Healthy Make the buildings healthy and create a comfortable living space. Reduced• sources of pollution from building materials, adhesives, finish, paints, carpets, cabinetry, and particleboard should be implemented to create optimal air quality for residents. Similarly, recycling binds should be incorporated into the design of the project to ease everyday recycling for residents. Minimize Construction Waste Construction waste should be minimized through recycling efforts and salvaging usable materials. Development Guidelines AFFORDABLE HOUSING LAND USE a DEVELOPMENT PLAN page 25 Development Guidelines Environmental WATER USE Introduction In an effort to create a sustainable development, every effort should be made to conserve and recycle water in a cost-effective manner. Water conservation can be accomplished both within the buildings and throughout the site through innovative yet practical solutions. While proposed solutions may be new to the City of Aspen, they should not be experimental and this project must be served by the Aspen Sanitation District. Water use is addressed in a number of other sections of the guidelines and should be referenced as well. Domestic Water Use Efforts to conserve domestic water use should be explored throughout the buildings. The installation of water saving devices, individual meters and water efficient appliances. Graywater systems, which recycle water for irrigation and other uses, should be avoided because of concerns for the health of adjacent hay pastures and livestock. Non -Domestic Water Use Non -domestic water use should be managed responsibly. The goal is to minimize water runoff and provide designated uses for surface runoff. Several alternatives should be considered and evaluated in an effort to realize these goals: reduction of impervious/paved areas, exploration of alternative paving techniques, and minimizing landscape irrigation. Methods should be explored to capture, collect, transport, and reuse storm water runoff rather than piping storm water into underground systems. Irrigation ditch water should be used whenever possible to limit domestic water use for landscape purposes. All alternatives should consider the desire to minimize erosion of soils due to surface water runoff. With the high percolation rate of the soil, constructed wetlands may be the best option for storm water collection and percolation. Filtration systems should be considered to prevent contamination of the groundwater. The introduction of decorative water features is discouraged because of economic and sustainable design considerations. The infrastructure section of the development plan further describes storm water runoff management and storm sewer guidelines. The successful integration of these water conservation page 26 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Environmental measures will lead to the most sustainable development possible, will be respectful of the history of the site and will support the desire to minimize the suburban -oriented character of the development. Development Guidelines AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 27 Development Guidelines Environmental LANDSCAPING Introduction The landscape guidelines are specificallytargeted toward the definition of an appropriate planting palette for the site. Issues related to arrangements of open space and the overall character of the site is discussed in detail in the Architecture Guidelines section of this report. Character Of The Existing Site As discussed in the Physical Characteristics of the Site section, the affordable housing site is characterized by sagebrush shrublands. While sagebrush may not necessarily be native to the site, the open character of the landscape is appealing. Surrounded by hay meadows and dense montane and sagebrush shrublands, this site offers an opportunity to develop the landscape in a manner that is in contrast to the landscape treatment found within the Aspen core. The more manicured landscapes found in town are not appropriate given the working ranch context of the existing site. Character Of Proposed Landscaping In an effort to respect and acknowledge the existing landscape, all planting schemes should emphasize indigenous vegetation, reduced irrigation, and alternative forms of management. The planting palette should focus on native and naturalized species. An understanding of native plant groupings and how plants grow in relationship to one another should be reflected in the final designs. Concerted effort should be exercised to avoid the temptation to "suburbanize" the landscape. This theme of the natural landscape should extend to private as well as public spaces. As the project develops, specific regulatory guidelines will need to be developed to direct the development of personal landscape zones in order to insure an emphasis on native and naturalized plant species. The emphasis on the native landscape is critical for a number of reasons. By using native plants, the natural habitat for insects, birds, and other wildlife will be preserved. Native plants are also better adapted to local conditions and will need less watering and pesticide treatment. Additionally, native, edible flora will help maintain pockets of biodiversity by providing better wildlife habitat. page 28 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Environmental Tree Plantings Though the native vegetation of the affordable housing site does not currently include trees, tree plantings are desired to create a more livable site and to provide shade. Tree plantings should be compatible with the native vegetation. Tree plantings should be used to define the streetscape and to create shade in the public and private open spaces. Irrigation Irrigation ditches have been used throughout the history of the site to irrigate pasturelands and other landscaped areas. This tradition should continue as a means of providing irrigation for proposed landscape improvements to the site. Irrigation ditches should be developed into site amenities while being mindful of safety considerations and other overriding regulatory requirements. Storm water runoff should also be used to supplement irrigation requirements. In this way runoff can be developed into an amenity for the site. Landscaping can be used to capture and store runoff, improving the drought tolerance of the site while protecting the site's natural hydrology. For more on water refer to the Water Use Guidelines. Educational Opportunities Ultimately guidelines for landscaping both public and private open spaces should be developed to educate the residents about the unique opportunities at this site. While not a requirement of the initial design work, these guidelines will be important to residents as they move into the development. Any type of landscape guidelines for the residents should encourage education about native plants and their use on the site. Opportunities to educate the residents might also include involving the residents in the development of a restoration plan for the site, in the organization of community gardens, compost areas, and/or greenhouses, and in the ability for cooperative purchasing of native plants for private use. Educational opportunities could extend beyond the affordable housing site to educating the residents about the long-term conservation and management practices for the balance of the Burlingame property. Opportunities to work collaboratively with the Burlingame Ranch on a tree farm to raise acclimatized tree stock should also be explored. Development Guidelines AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 29 Development Guidelines Environmental WILDLIFE MANAGEMENT PLAN Introduction As required for the development approval process, a Wildlife Guidelines & Management Plan have been prepared for both the affordable housing and free market sites of the Burlingame Ranch development. The affordable housing Wildlife Management Plan is based on research conducted giving a general inventory of existing wildlife on the site, existing wildlife corridors, plant species and such. Overall, the research findings did not find a significant wildlife corridor on the site, nor any records of endangered animals or plant species. Based on the environmental findings (see exhibit), the Wildlife Guidelines & Management Plan addresses several issues that are reflected under the following headings: Conservation Easements and Wildlife Protection Actions (addressing both domestic pets and natural vegetation). Conservation Easements A Wildlife Management Plan is the first step in dedicating several conservation easements associated with Burlingame Ranch. As owner of the property, the City of Aspen will execute a conservation easement on the property generally referred to as Deer Hill, a.k.a. Burlingame Ranch. The conservation easement is a tool to restrict future development, as well as preserve open space for wildlife, with particular interest in the "Back Bowl" of Deer Hill. The Deer Hill conservation easement, and all other easements -associated with the development of Burlingame Ranch, will be finalized after land use approvals have been granted. See the pre -annexation agreement (attachment X) for a detailed description of the conservation easements to be executed including those associated with the free market development. Easements associated with the free market development include a ranching easement and a conservation easement on parts of the Maroon Creek Corridor. These easements will insure the ranching heritage of the site and preserve the sensitive riparian corridor along Maroon Creek. With consideration of the environmental research and the proposed conservation easements, no further page 30 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Environmental "wildlife corridors" are recommended for dedication. While wildlife is important to the site, extensive and costly solutions designed to manipulate or enhance the site for wildlife are not desired. WILDLIFE PROTECTION ACTIONS Dogs The City of Aspen and the Zoline Family entered into a pre -annexation agreement initiating both the proposed affordable housing and the proposed free market housing. As a method of wildlife protection, the following statement appears in part of the pre - annexation contract (see attachment, p.10): In order to protect wildlife, ranch cattle, horses, and other livestock from harassment, the General Declarations of Covenants, Conditions and Restrictions to be imposed on both the Free Market and Affordable Housing Components shall include provisions and penalties that prohibit dog ownership (other than farm dogs belonging to owners or employees of the Fathering Parcel and specially trained service dogs for use by visually impaired persons or persons with other medical needs). The respective homeowners associations shall be required through appropriate covenants to vigorously enforce these restrictions. No dogs shall be allowed on the cabin site, including dogs belonging to the owners of the Fathering Parcel. The Goals of Development for the affordable housing development similarly address the desire to protect wildlife, "To build an affordable housing village and free market homes complimenting the existence of the working ranch and surrounding open space." Restriction of dogs insures a level of safety for the wildlife in the surrounding open space, the livestock associated with the working ranch, and the residents of both the affordable and free market neighborhoods. Permanent signage regarding the restriction of dogs on the site should be posted at regular intervals on the property to inform visitors/guests. The trails leading Guidelines AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 31 Development Guidelines Environmental ru _ ` _ into Burlingame Ranch should also be posted as dog- 4 free to discourage trail users from bringing their pets j onto the site. The issue of whether or not to restrict cats has been discussed. At this time, no restrictions have been proposed limiting cats at the affordable housing development. Green Landscaping Green Landscaping guidelines will be implemented in the design of Burlingame Ranch Affordable Housing to conserde native plants, grasses, and such. Conservation of the native landscape will provide natural habitat for insects, birds, and other wildlife. Native plants are adapted to local conditions and will need less watering and pesticide treatment. Reduced "suburban" landscaping, such as fertilized and manicured lawns, will reduce impact on existing wildlife and the native plants. The landscape guidelines are outlined in more detail in other portions of this document. Fencing Fences should be used sparingly. Fences impede wildlife movement and diminish the sense of community. When used, fencing should be functional and contribute to the community identity. All fencing should meet Department Of Wildlife guidelines. For additional information refer to the Architecture Guidelines. Trash Receptacles All trash receptacles and recycling facilities shall comply fully with Aspen City Codes, including bear - proof garbage receptacles. page 32 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Infrastructure INFRASTRUCTURE INTRODUCTION A basic investigation has been conducted to understand and identify overall issues with regard to bringing utility connections to the Burlingame Ranch Affordable Housing site. No issues have been identified that would preclude development of this project. A summary of work to date and findings for the major utilities is outlined below. A utility drawing showing existing utilities and off site utility extensions required to serve the housing project is attached. Utility layout has been coordinated on a conceptual level with the free market development. Detailed design should be further coordinated. SANITARY SEWER Tom Bracewell Aspen Consolidated Sanitation District 565 North Mill Street Aspen, CO 81611 (970) 925-3601 The Aspen Consolidated Sanitation District will provide sanitary sewer service. An existing 24" Sewer main is located adjacent to Maroon Creek. A proposed alignment for the sanitary sewer is outlined on the utility drawing. It will cross a portion of the free market lots. This connection will require laying pipe along the steep slope that separates the river from the Burlingame property. Slope stabilization and minimizing erosion along this slope is of utmost importance. Once a site plan has been established, detailed design, slopes and pipe cover will further dictate the final sewer main alignment. WATER MAIN Phil Overeynder Aspen Water Department 500 Doolittle Drive Aspen, CO 81611 (970) 920-5110 Water will be provided by the Aspen Water Department. An existing 16" water main is located Development Guidelines AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 33 Development Guidelines Infrastructure along the west side of Hwy 82 from the Maroon Creek Bridge up to the AABC. A second existing loop has been constructed around the Maroon Creek Club, a portion of the loop is 12" and a portion is 8". Two new water loops will be necessary for the development of the Burlingame project, one for the affordable housing and one for the free market development. Each loop shall be designed with the ability to be constructed on independent schedules. Coordination of both loops is described in the Water Service Agreement of the Pre -Annexation Agreement. The affordable housing loop to the property would tie into the 12" main along New Stage Road near the Maroon Creek Club. The proposed main would extend west to the Burlingame project along the same alignment as the proposed access. The free market loop would extend across Hwy 82 just northwest of the Maroon Creek Bridge and extend to the project along the same alignment as a portion of the existing under ground electric until it crosses Old Stage Road. It would follow Old Stage Road east along the access to the free market lots. At the north end of the free market lots it would parallel the proposed sewer main alignment to the Burlingame property. The Aspen Water Department recommends that a third loop be installed along an alignment paralleling the above ground power line from the Burlingame property northwest to the AABC. This loop would provide a second fire flow loop to the AABC. Investigation is on going to determine if the loop to the AABC is required or if it will be a separate project or eliminated altogether. page 34 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Infrastructure Ali EXISTING WATER PROPOSED WATER M11=11=11=1110 EXISTING SEWER ----------- PROPOSED SEWER ENNEERNMEEM NORTH NOT TO SCALE Development Guidelines PROPOSED WATER & SEWER LINES %o AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 35 Development Guidelines Infrastructure TELEPHONE Frank Jesse 384-0259 Qwest-Telephone 921 Grand Avenue Glenwood Springs, CO 81601 (970) 384-0259 An existing fiber optics node at the Maroon Creek Club overpass has only 200 homes connected to the node. A trunk line extends toward the property from the node but Quest is not sure if the trunk line has enough capacity to serve the project. If the trunk is not large enough a line will need to be extended from the cabinet at the overpass along New Stage Road to the new access road and then into the project. There is also an existing node at the Aspen Airport Business Center but this node has higher existing use and would be harder to extend to the project. NATURAL GAS Jeff Shreeve Kinder Morgan Energy 96 County Rd 16 Glenwood Springs, CO 81601 (970) 928-0405 Gas is available at the intersection of New Stage Road and Old Stage Road. The proposed gas line would extend west to the Burlingame project along the same alignment as the proposed access or the same alignment as the existing underground electric. A looped system is required to serve this size of project. KN Energy has proposed a loop that would tie into the AABC development to the northwest along the same alignment as the existing overhead electric and proposed water main. Investigation is still underway to determine if another alignment would be acceptable for the proposed gas loop to avoid impacting the AVLT parcel. page 36 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Infrastructure CABLE Mike Johnson AT&T Cable Services 1605 Grand Avenue Glenwood Springs, CO 81601 (970) 945-2804 A Cable TV connection is available at the intersection of New Stage Road and Old Stage Road. The proposed cable line would extend west to the Burlingame project along the same alignment as the existing underground electric. ELECTRIC Libby Cowling Holy Cross Energy 3799 Hwy 82 Glenwood Springs, CO 81601 (970) 945-5491 ext. 5428 Two existing overhead electric lines cross the Burlingame property running north and south. Both overhead lines tie to an existing overhead line north of the property. The lines split to two lines one each on the east and west sides of the property. Both tie into the under ground electric line south of the property along Old Stage Road. The existing overhead electric along the east side of the property was upgraded in 2000. Holy Cross has indicated that the overhead electric line across the west side of the property and the line north of the property connecting to the AABC needs to be upgraded for current demand. Electric lines through theAVLT property are proposed to remain overhead even after upgrading. It is recommended that the Burlingame project coordinate closely with Holy Cross on the proposed location of any lines crossing the property so that the final location fits with the proposed development. Overhead lines within the Burlingame Ranch property will be removed and will be relocated underground. Development Guidelines AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 37 Development Guidelines Infrastructure PROPOSED FRANCHISE UTILITIES ;t a ♦�� \l o ASPEN i♦♦i VALLEY ♦. j p Ev: ij LAND ■ ♦i '�, �,.3 `� DO: j TRUST i ♦♦ ,' =o r\cry DEER HILL j� r♦♦♦ ` - ''� �� 1 I SOLDNER •01 o lu : j •:.�j / `�'r, 1 f PROPERry �g �G j ■ PROJECT SITE OLD STAGE ROAD \ : -'J ♦♦ II ��•L.- 1 dlY/- 1 Fy �{j; 1tyJ [l�C'fRl •\ . ,pv, ♦♦♦♦ CJ AR—X RANCH ♦;0, 1i • 4\ % Oil • � . Imo-'—� �� ' i' it� �i�� r MAROON CREEK BAR—X RANCH ' ♦♦.♦ CLUB A E%LSIMG PNDNE �. I ,,\�\. \v` \ t,.a /• PROPOSED PRONE ■0 ■ PnOPOSCO GAB WI■■I■■I■■I■M .\('•, ,•`\ `\.• \'\ j 3 . E%isnRD ELmmlc---------_ \ PROPSED ELECTRIC .........• ••�` ,,,�\�,\ \ j I E%ISTING GARIF �.. �..� PROPOSED CABLE �IIMII� ORTH ^ ,•.� NOT TO SCALE � �\\\JJ ,• `•`' f •\ page 38 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Infrastructure STORM DRAINAGE The Aspen Interim Design Construction Standards for storm drainage shall be incorporated for this site. This includes initial storm return frequency for a 5-year storm and a major storm return frequency for a 100- year storm. Until a site plan is established the storm water surface storage volume and locations will not be able to be determined. Every effort should be taken to maintain storm water detention/retention on -site. Several alternatives are possible for detention of storm water including ponds, vegetated swales, and passive use landscaped zones. Two logical locations for detention ponds include the low point of the site toward the northeast and a low area on the southern end of the property. Detention ponds should be designed to serve as an amenity to the project when possible. Dry wells should only be used as necessary to supplement infiltration storm water into the soils. Off site detention or drainage swales should be investigated or adequate on -site space will be required for detention to maintain historical storm drainage flows. Development Guidelines AFFORDABLE HOUSING LAND USE 6 DEVELOPMENT PLAN page 39 Development Guidelines Infrastructure page 40 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Transportation TRANSPORTATION PEDESTRIAN CIRCULATION Background The Burlingame Ranch affordable housing should be designed as a pedestrian friendly environment. The pedestrian is the foundation of all functional access and circulation systems. The need for walking cannot be ignored in even the most auto -oriented areas. Developing a pedestrian -oriented site requires planning for the pedestrian before other major site decisions are made. Pedestrian systems are often fitted into sites after key site layout and access decisions are made. This almost always fails. Good pedestrian circulation systems require direct, barrier -free walking routes; clear sight lines; and strategically placed pedestrian spaces. It is usually difficult or impossible to achieve these once buildings, parking lots, driveways and drainage features have been laid out. Good connections are of particular importance to planning and design of the pedestrian circulation system. Without connections, no site has much potential for active use. Mixed -use sites in particular thrive on good internal connections among on -site uses, and on external connections to nearby land uses. Both visual and physical connections are needed. Clear visibility of buildings and places on the site from other parts of the site and from nearby areas improves the efficiency and functionality of the pedestrian circulation system. People orient to their surroundings visually and make choices based on what they can see. Care should be taken in working out sight lines and view planes to ensure that the site is highly "readable" both externally and internally. Site layout and building architecture should be used strategically to inform pedestrians (and other travelers) and shape their subconscious and conscious perceptions. Pedestrian movement should be considered in the context of a clearly defined system of pathways that is both safe and welcoming, encouraging residents to walk to transit stops, neighboring homes, and other local travel destinations. Connections to off -site locations are addressed in detail in the Trail Guidelines and Management Plan. Development Guidelines AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 41 Development Guidelines Transportation Sidewalks Sidewalks provide a means of internal circulation for pedestrians only. Sidewalks should be located parallel to the primary roadways to encourage people to walk within their neighborhoods. Creating a safe, inviting pedestrian environment for walking and personal interaction should be an integral component of any development plan. Sidewalks can be detached or attached to the adjacent roadways. Detached walkways are preferable, where space allows, providing physical separation between pedestrians and vehicles. The zone between the roadway and the sidewalk then leaves opportunities for a landscaped zone, generally referred to as a tree lawn. A detached sidewalk enhances the beauty, safety, and shared common space in a neighborhood. For the health of the tree lawn and a more efficient irrigation system, tree lawns should be at least 4 feet wide with an 8 to 10 feet width preferred. Walkways should be used to create a hierarchy between public and private spaces. Concrete is the preferred material for the primary sidewalk circulation system. Concrete as well as other materials may be appropriate for secondary walks. A 5-foot width is the minimum with 8 foot preferred for the primary circulation system. All sidewalks should comply with the Americans with Disabilities Act (ADA). In the design of the roadways, step-up curbs are preferred over rolled curbs. Rolled curbs are discouraged because they encourage auto -parking on the sidewalk, obstructing safe and comfortable pedestrian movement. Shared -Use Path Shared -use paths provide access to and through the site not only for pedestrians, but also for bicycles and roller blades. Shared -use paths connecting to off -site trails and destinations are outlined in the Trail Guidelines and Management Plan section. Shared - use paths can be paved in concrete or asphalt, or unpaved. If unpaved, the path can be formalized with crusher fines or some other such material or more informal such as a track. A combination of alternatives is possible and may be desirable within the site. Shared -use paths should be a minimum of 8-10 feet wide. page 42 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Transportation TRAIL MANAGEMENT PLAN Background Recreational and commuter trails are a significant element of the proposed Burlingame Ranch affordable housing. These trails are intended to reduce the use of automobiles, provide recreational opportunities, provide safe pedestrian and bicycle travel corridors, and also to expand the City of Aspen trail system. Paved commuter trails would connect the affordable housing to Aspen, the Airport Business Center, and Snowmass Village. Recreational trails would meet the recreational needs of walkers, runners, bicyclists, rollerbladers, equestrians, Nordic skiers, snowshoers and other non -motorized users. These trails would be planned in close cooperation with the City of Aspen Park's Department,. and would meet all design standards and guidelines of the City of Aspen Pedestrian Walkway and Bikeway System Plan. Location The commuter trail alignment should parallel the access road to the affordable housing site, so that disturbance to existing vegetation and habitat is kept to a minimum. This trail should continue westerly along Old Stage Road to connect with the existing regional trail system, including the Aspen-AABC trail and the trail to Snowmass Village (via the pedestrian/bicycle underpass at Highway 82). Easements already exist for Nordic trails (winter use only) on the adjoining Maroon Creek Golf Course. The Burlingame Ranch Nordic trails will be aligned in close cooperation with the Golf Course Supervisor of the Maroon Creek Golf Course. It would be ideal if Nordic alignments could be identified and preserved through Burlingame Ranch to provide convenient connections to these winter trails on the golf course. A defined recreational trail is desired to connect the affordable housing component of Burlingame Ranch to the Aspen Airport Business Center. This trail connection is desirable to minimize the impact of potential social trails. Several constraints are inherent in the development of this specific trail: easements would need to be acquired from three private landowners for development to occur; and the existing slopes are so steep that the cost required for the trail Guidelines AA 1 4 ' 7y fi . }f AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN page 43 Development Guidelines e.7 Transportation development may be prohibitive. This alignment would cross three privately owned parcels of land, including the AVLT property. No additional recreational trail connecting the affordable housing component of Burlingame Ranch to the Roaring Fork River through the free market property is permitted. This access has been restricted to minimize the threat of erosion, the loss of habitat and the threat of trespassing. Design W The commutertrail is intended to be a detached facility j - separated from the access road. There should be a minimum of eight to twelve feet of separation between the road and the trail. This °greenway" allows for improved aesthetics, increased safety, and high maintenance standards. Commuter trails should be paved and a minimum of eight feet in width with an attached four -foot soft surface shoulder- space permitting. Commuter trails should take the most direct route possible and comply with ADA standards. The commuter trail may need to be narrower and located closer to the access road in the sections adjacent to the Deer Hill bowl and the Sold ner property to reduce impacts on wildlife and to minimize cut. Nordic trails on the Maroon Creek Golf Course should be 12- 20 feet in width, depending on the space available, and should be aligned in close cooperation with the Supervisor of the Maroon Creek Golf Course. The Nordic trails on Burlingame Ranch should be 12- 14 feet in width. All Nordic trails would essentially disappear in the summer — all signage, trail markers and other visible signs of a trail system would be completely removed by the City Park's Department. The Aspen/Snowmass Nordic Council shall be consulted in any decisions regarding development of a Nordic trail in this area. Recreational trails shall be single-track, natural surface, and either hand -built or built with very small trail -building machinery. The tread surface shall be two to four feet in width, with all cut slopes restored. It is much less expensive to build single track trails now, to define the user corridor, than to restore vast areas of eroded, degraded hillside later. page 44 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Transportation All trail designs shall be done with the close cooperation of the City of Aspen Park's Department. Maintenance The City of Aspen Park's Department would be responsible for maintenance of the Burlingame Ranch trail system. These trails would be added to the Park's Department management priority list. Maintenance tasks on summer trails would include inspection, sweeping, trash removal, pruning, mowing, trail repair, weed control, drainage control, signage, and mapping. Winter tasks would include snow and ice removal on the commuter trail. The City of Aspen Park's Department, in accordance with an Intergovernmental Agreement between the City of Aspen, Town of Snowmass Village and Pitkin County, would maintain the Nordic trail system. Maintenance tasks would include system set-up in the fall, grooming during the winter, and system breakdown in the spring. Grooming would be done on an as - needed basis. Implementation Schedule The commuter trail should be constructed at the same time as the other infrastructure facilities. Significant cost sharing could be realized by using the same contractors. The single-track trails should also be constructed as soon as possible, to decrease the amount of environmental degradation caused by a lack of trails. The Nordic trails should be aligned in the fall after full build -out and occupancy has been achieved. The decision to groom will be made based on expected demand. Development Guidelines AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 45 Development Guidelines ASPEN AIRPORT BUSINESS CENTER 9° ASPEN p VALLEY ° y LAND a TRUST q2 o eq A , DEER HILL AFFORDABLE{ (,% (. HOUSING. , s ,SITE BAR-X RANCH ` I' --EAST ACCESS I I. OPTION 1' SOLDNER PROPERTY �1 ( II c MAROON CREEK CLUB BAR-X RANCH 2 I _ a�r N Diagram - Access East of Soldner Property NILC t ,} war- I _ Digital Simulation - Access East of Soldner Property Ti VEHICULAR CIRCULATION Background The design of the vehicular circulation system involves two considerations: access to the affordable housing site from Highway 82 and circulation within the site itself. Both roadway designs should be sensitive to the following issues: landscape impacts, wildlife impacts, traffic speed, traffic noise, feasibility of transit routes, emergency vehicle access and response time, capacity/level of service, and cost. All roadway designs should comply with the City of Aspen Engineering Department standards. Roadway layouts should provide for the safe and efficient movement of vehicular traffic, subject to the need to ensure the safety and comfort of travel by other modes such as walking. The roadway systems should be clearly legible, providing a logical order and orientation to the site. Access to the Site CDOT and the City of Aspen have already identified the access point to Burlingame Ranch on Highway 82. The design for the intersection is currently underway and will include a traffic signal, an underpass beneath Highway 82, and an underpass beneath the Burlingame access road. The underpasses will provide unimpeded pedestrian, bicycle and other non - motorized movement along the regional pathway system. The road alignment into the affordable housing site can follow two general alignments: to the west side of the Soldner property, or to the east side of the Soldner property along the fence. Either alignment should be designed for no more than a 5% grade. Both alignments were studied by the Task Force with the majority preferring an alignment to the west. A minority of the Task Force preferred an access to the east of the Soldners. Pros and cons for the two alignments are outlined below. A road alignment to the east of the Soldner property has no impact on the back bowl of Deer Hill and requires little grading or cut and fill for the road alignment itself. This route, however, would require berming or a dense hedgerow on either side of the road to minimize the view of the road from the Soldner residence and from the rest of the Burlingame property. The road width in combination with the adjacent page 46 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Transportation landforms would require that the Zoline family reduce the amount of existing pastureland. This is not a desirable alternative for the Zoline family. Additionally, this road alignment raises issues addressed in the agreement between the City of Aspen and the Maroon Creek Club( see appendix). That agreement prohibits vehicular traffic generated by the proposed affordable housing development from using the roadway system through Maroon Creek Club; vehicular traffic from the Burlingame free market homes and the adjacent private landowners are not encumbered by any restrictions. An access road in front of the Soldner property requires a physical barrier at the intersection of Old Stage Road and New Stage Road to separate free-market traffic from affordable -housing traffic. The design of the physical separation may be difficult for a variety of reasons, both aesthetic and functional. An access road behind the Soldner residence avoids the complications at the Maroon Creek Club intersection because affordable housing traffic is never routed in this direction. This clean separation of traffic patterns is desirable to a majority of the Task Force. This alignment also allows the existing pasture operations to continue uninterrupted. This alignment, however, does bring both vehicular and pedestrian circulation closer to the back bowl of Deer Hill and requires significant grading along the hillside. Several alternative road configurations were considered behind the Soldner residence: an at -grade alignment; an elevated road which would enable wildlife to move beneath the road along an improved drainageway; and a depressed alignment that would create a land bridge above the roadway for wildlife movement. The Task Force is overwhelmingly in support of the at -grade crossing option. Reasons for their support of this option included cost and that fact that there is no proven documentation that a separated crossing will be successful (it's impossible to dictate where wildlife will travel). Development Guidelines t _ DEER HILL SOLDNER RESIDENCE Digital Simulation - Access West of Soldner Property ASPEN ---� AIRPORT BUSINESS CENTER o ASPEN 0 O VALLEY D LAND ° A TRUST q y�q V o A _ DEER HILL- �AFFORDABLE,' (-HOUSING .'I I i SITE • ��' BAR-X RANCH i WEST ACCESS OPTION SOLONER � 'TPROPERTY (, 1' -- I MAROON CREEK CLUB I BAR-X RANCH I -J tiyy �� B2 i T I OgsA Lj Z� EN Diagram -Access West of Soldner Property Other access road possibilities were discussed but should not be studied further at this point. An access road through the AVLT property connecting Burlingame directly to the Aspen Airport Business Center is desirable to many of the Task Force members. This alignment, however, requires easements from three private properties including AVLT and may be AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 47 Development Guidelines Transportation prohibitively costly to mitigate the existing steep slopes. An emergency access route providing a secondary point of entry into the affordable housing development should be designed to connect the free market housing road system near the future location for the Ranch Manager's home. This route would only be available for emergency use and should be coordinated with the free market development. Appropriate measures should be taken to insure that this road alignment is used only by emergency vehicles. Vehicular Circulation Within the Site The circulation pattern for vehicular traffic is tied closely to issues discussed in the Neighborhood Pattern section of the Architecture Guidelines. In many respects, the roadway system establishes the overall framework for the layout of the rest of the site. Several road layouts were discussed by the Task Force including a gridded street layout and an internal loop road with spurs. The impact of these layouts on the neighborhood character will be addressed in the Architecture Guidelines. The Task Force would like to avoid street patterns that resemble the suburban residential development. Dead end cul-de-sacs are discouraged. The Task Force recommends a street pattern that organizes the site in a logical manner for both the resident and the visitor. Roadway widths should be minimized to reduce the amount of asphalt on the site. Roadway grades should be 5% or less where possible to create safe vehicular movement and accommodate ADA accessibility. Traffic calming measures should be incorporated into the design to create an environment that is safe for both autos and pedestrians. Though no road connection will be made through the AVLT property at this time, the roadway design should not preclude extension of a road into that property at a later date. Finally, the design process for the roadway system should be closely integrated with the design for the parking layout, transit routes, and pedestrian circulation to enable and create a pattern of movement that is feasible, clearly understandable, easily managed and maintained, and minimizes potential conflicts between different users. Emergency Provisions Any emergency transit loop shall be pave to adequate thickness to accommodate fire trucks and other emergency response vehicles. The affordable housing page 48 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Trnnsnnrfatinn site must have two separate access routes. These include the main access (either to the west of Soldner's property or to the east) and a secondary emergency access (connecting to the free market development passing the Ranch Manager's unit. Snow Removal Snow storage areas are typically dedicated open space where nothing will ever be built, this includes potential water ditches that may run through the property. Per City of Aspen requirements, guest parking can be used as 24-hour snow storage. However, this is not a long- term solution. Development Guidelines AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 49 Development Guidelines Trantnnrtatinn TRANSITACCESS Background Good transit service to the Burlingame Ranch Affordable Housing site should be an integral part of any design for the project. The relatively long distance from the site to the Buttermilk area makes walking to existing transit routes along Highway 82 impractical or inconvenient for most people. Moreover, accommodating transit trips with a park -and -ride on Highway 82 is not likely to work well either: once a resident has begun a journey by car, it will be very difficult to encourage him or her to switch to transit forthe rest of the short journey to Aspen, Highlands or Snowmass Village. Because direct transit service to the site is essential for the success of this mode, the City of Aspen will work cooperatively with the Regional Transit Authority to provide a new route to Burlingame. The route should be designed with a high level of flexibility to accommodate either full size buses or a' smaller "cutaway" style vehicle (similar to those operated in Cross Town Shuttle service in Aspen). The route should operate on a 30-minute headway or better throughout the day and evening, and should operate year-round. Transit Oriented In order for the site to be defined as transit -oriented, four (4) criteria must be satisfied. First, at least two- thirds of the residences should be located no more than 750 feet from one or more of the stops along the transit route. Second, all of the land uses on the site should be located within one -quarter mile of a transit stop. Third, transit stops should be well marked with a signpost and schedule, and include at least some amenities (e.g., landscaping, benches, shelters, etc.). Finally, walkways to and from the transit stops should be level, unobstructed, sufficiently wide to accommodate pedestrians in pairs, well maintained, cleared of snow in winter, and well landscaped / designed. Walking distances should be measured along actual paths, not as the crow flies. The Task Force recommended that the affordable housing site be developed to encourage convenient use of transit service. Because the site is located some distance from the primary transit corridor along Highway 82, it will be more difficult to encourage transit ridership if the transit system is not convenient and well designed. page 50 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Transportation The relationship between parking and the transit route ' should be studied carefully. Intuitively, if it is more convenient to walk from home to the car than to a bus stop, then there is less incentive to use the transit system. Transit Loop A transit loop should be designed through the affordable housing site. The Task Force discussed two alternatives for transit stops: a centralized transit center/stop and multiple stops located throughout the project. The Task Force reached consensus on a looped transit system that travels past as many of the homes in the development as possible. Dispersed stops located throughout the project provide transit as close to the residences as possible. The shorter the distance from the residence to the bus stop the more likely that residents will use the transit system. Though a transit loop does not preclude a centralized transit center, this option should not be pursued at the expense of the transit loop. Transit Incentive Programs A program should be developed for Burlingame by the City of Aspen to encourage and educate residents and visitors on the advantages of using transit and other alternative travel modes. Options include holding periodic neighborhood events similar to the TOP program's "Find Another Way Day", developing neighborhood -oriented "True Cost of Driving" literature, distribution of one-way taxi vouchers (ride bus to market, ride back in taxi), development of a neighborhood car -sharing program, distribution of free transit passes (for travel to Snowmass and downvalley), provision of carpool ride -matching services, and others. Transit incentives require policy decisions that should be coordinated between the homeowner's association policies and the rental property management services. t Guidelines AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 51 Development Guidelines Tran PARKING Introduction In any development one of the more challenging issues always revolves around parking: how much is required and how should it fit within the site. In many respects, parking is the necessary evil of any development; nearly everyone has a car, and cars need to be stored when not in use. Yet storage of cars translates into an increase in capital expenditures and a decrease in the amount of space available for housing and/or open land. Pay Versus Free Parking How many parking spaces should be provided is one of the first questions that needs to be resolved in any parking discussion. Once a number of parking spaces is determined, the site design can evolve to accommodate that programmatic requirement. At one extreme, parking can be free and abundant. On the other extreme, a project could include only pay parking. Of course, there are a number of alternatives within that range including free parking constrained by the number of spaces provided on -site, or the first space could be free with additional spaces available for pay. One advantage of requiring households to pay the "true cost" for their parking is that the payment provides an incentive to economize on parking consumption. When parking is free, there is no cost incentive to reduce consumption. As a result, households tend to own and store more vehicles than they might otherwise. For example, it is not uncommon for a typical three -person household to own 3 or even 4 or more cars when parking is free. Requiring payment for some or all of the parking, however, leads households to consider the trade-off between spending money on car storage and spending money on other, potentially more valuable things (e.g., better home furnishings). Consideration of the trade- off will lead many households to choose alternative ways of spending their limited dollars. The result will be a reduction in demand for parking that will enable a reduction in supply. This, in turn, will reduce project development costs (because providing parking is expensive) and increase the amount of open space in the development (because parking consumes land). page 52 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Transportation Development Guidelines Though the Task Force Team understood the arguments for paid parking, the majority felt that paid parking is not appropriate for this site. The Team felt that a car disincentive program should be developed but should stop short of requiring paid parking. One alternative is to limit the amount of covered parking; scraping car windows provides a real and inexpensive disincentive to car use. Also the transit routes and connections to and within the affordable housing site should be well designed and easily accessible to encourage as much use as possible. Parking Ratio The Task Force discussed the parking ratio at some length. The discussion focused on reaching a balance between creating transit incentives/auto disincentives and yet providing enough storage capacity for automobiles to avoid long term parking management issues. The final parking capacity should consider both resident and guest parking requirements. As a compromise, the Task Force agreed on a parking ratio of approximately 1.65 spaces per unit. With 225 units proposed, this equates to approximately 375 parking spaces. Opportunities to increase the parking capacity at a later date should be provided for in the final design solution if a parking ratio of 1.65 proves to be insufficient after full build -out. Parking Supply Parking can be supplied on -street with parallel or head - in spaces or off-street in a wide range of options including: private garages, private carports, private driveways, community parking lots of all different sizes and configurations, shared carports, and shared parking structures. Issues related to parking supply concern proximity to the residences, the desire to promote transit use, handicapped access, and pay to park versus "free" parking. The overriding concern is to provide parking as efficiently as possible while limiting the amount of asphalt. Reducing the amount of paved area is critical to the Task Force. Parking for the primary vehicles should be provided within close proximity to the units. A maximum distance from the unit to a primary parking space should be 100-200 feet. Parking for additional cars should be accommodated throughout the site. AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 53 Guidelines Transportation Ease of snow removal should also be considered. In all cases automobile headlights should be screened from adjacent residences and the street. The parking supply can be achieved through a number of different alternatives. On -street parking is the most desirable option. This type of parking layout provides parking close to the units, calms traffic, provides a buffer between pedestrians and moving traffic, encourages interaction between the residents, and creates a pleasing sense of community. On -street parking can include a variety of options including parallel and perpendicular. Private garages or private carports may be a desirable amenity for owner occupied single-family units. Garages should, however, be designed to enhance rather than diminish the overall sense of community. Garage doors should neither dominate the streetscape nor create the feeling of a "suburban" landscape. Similarly, driveways adjacent to the residences should be avoided. The City of Aspen Residential Standards apply to this site, including the garage orientation to the street. Garage access off of alleys, though desirable, needs to be weighed against the increase in paved surfacing. Garages are a desirable amenity, however, the cost of construction must be weighed against other project requirements. The Task Force Team was divided on whether or not parking lots should be developed as a part of this project. The appropriateness of surface level parking lots may depend on the final vehicular circulation and neighborhood pattern. Smaller parking lots are preferred over larger lots. Parking lots should not be visually obtrusive and should be screened from view from the street. Larger parking areas, if necessary, should be divided with planting areas. Tuck under parking which works with the building architecture should also be explored. Multilevel parking structures are not appropriate for this site. page 54 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Architecture ARCHITECTURE INTRODUCTION Given the amount of housing to be built on the affordable housing site at Burlingame Ranch, the quality and aesthetic appeal of the architecture will be critical to the overall success of the project. The difficulty in building a development of this size, even in multiple phases, is that the character of the project quickly becomes too homogeneous. The Task Force would like the final product to have an eclectic feel, much like you would find in neighborhoods that develop over time, without sacrificing affordability. Some specific areas for consideration in developing the site layout, the unit mix and type, and the building design are outlined below. DENSITY AND OPEN SPACE RELATIONSHIPS The 225 unit count provided for in the pre -annexation agreement must be met under any design solution. Given the open space that will be protected through conservation easements of varying types on all sides of the affordable housing site, the requirements for open space within the project itself are of lesser importance. Of course some level of open space is essential to create the most livable development possible but should not come at the expense of density. The open space system should satisfy a number of purposes: storm water management, wildlife habitat, and active and passive recreation. The open space network should function on three levels: public, semipublic, and private with linkages between the three. Natural features and the existing environment should serve as a basis for the design of this open space network. Public open space can be achieved at a number of different levels including a community space that may or may not provide for a community center, smaller neighborhood parks, playgrounds, and public courtyards. Public open space should provide recreation facilities to meet community needs where desired and appropriate. Public open space does not necessarily need to consist of flat lawn areas but should include a variety of different options. The most important aspect Development Guidelines AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 55 Development Guidelines Architecture of any public open space is that it be "usable" and functional. A concern voiced by the Task Force is that public open spaces are often under utilized. Proposed design concepts should consider ways to activate public ' spaces. A provision for private open space is also important to the livability of the project. Private open space may be at the back or the front of the units or some combination of the two. Private open space should not be limited to single family units but should include townhomes as well. The design of the private open space should include alternatives to the traditional private yard. While the Task Force would like to see a hierarchy of open space, the design of the transitional zones from public to private should be logical and appealing aesthetically. Privacy fencing should not be the dominant method of defining different open space zones. page 56 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Architecture NEIGHBORHOOD PATTERN The existing site topography and landforms should guide the shape, form, and structure of the neighborhood layout. Within that framework, the final design solution should reflect a neighborhood pattern that is clearly organized and understandable to both residents and visitors. Several factors will influence the overall character of the neighborhood pattern: the sense of arrival, the roadway alignment, the pedestrian pathway system, the open space network, the building mix, and the siting of buildings in relationship to all of the above. The site design should promote a sense of community and neighborhoods. The Task Force has discussed the attributes of different neighborhood patterns from traditional neighborhood grids to the suburban cul-de-sac. Many of the qualities of a neighborhood grid are appealing to the Task Force including the relationship between the buildings and the street, interconnected roadways, the proximity of parking to the units, the predictability of the neighborhood pattern, the hierarchy of open space, and the ability to accommodate a variety of building types and arrangements within an understandable layout. However, a design solution which imposes a grid on the site without respect for the topography is unacceptable to the Task Force. At the other extreme, the Task Force is opposed to design solutions which mimic the suburban cul-de-sac pattern because this layout is confusing to residents and visitors, lacks variety in building types and layouts, and does not reflect the mountain vernacular. In distributing different unit types within a given neighborhood, there are two options: to integrate for - sale units with rental units or to segregate the two types of housing into separate neighborhoods. The financing options may dictate whether or not intermingling of tenure is possible. In either case, the Task Force envisions a development with no significant distinction between the exterior features or site planning in for -sale and rental units. The design of the streetscape will also be an important component of the overall neighborhood character. The relationship between the street, parking, landscape zones, and pedestrian circulation should all be considered in developing the streetscape pattern. Development Guidelines 74 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 57 Guidelines Architecture Street paving, trees, lights and other furnishings all contribute to the overall character of a neighborhood. A predictable streetscape rhythm helps define the sense of neighborhood and creates a more inviting pedestrian environment. page 58 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Development Guidelines UNIT MIX AND TYPE Throughout the initial planning phase of the project, the Task Force has grappled with the question of who should live at Burlingame Ranch and in what type of housing. A Market Study, completed by McCormick and Associates, Inc., is included as an exhibit to this report. The Market Study defines the market supply and demand for housing that may be developed at the Burlingame Ranch affordable housing site. The Market Study was compiled from a variety of sources including previous surveys, information from the Aspen/Pitkin County Housing Authority, and focus group sessions. The Market Study should be used as one tool to support a final building program and unit mix. When discussing unit mix and type, there are several key factors that enter into the discussion: the percentage of rental versus for -sale units, the targeted income levels for housing, the type of household, the bedroom mix, and the unit type. The Task Force recommends that a wide range of housing types and bedroom configurations be incorporated into the development. Financing will influence the final mix, but the following guidelines are offered as a point of beginning. The Task Force recommendations may not always reflect conclusions drawn from the Market Study research. The Task Force understands that in some instances their direction is not supported by the market information and is comfortable with their decision to deviate from the Market Study based on other criteria. Tenure Mix Burlingame Ranch will have a component of rental housing and a component of for sale units. Because of the site's relative distance from the urban core of Aspen, the Task Force believes that the development should be weighted toward for -sale units. Renters are more likely to want to live closer to town and the open space surrounding this site may be more appealing to families. Given the above, the Task Force recommends that at least 60% of the site be developed with for -sale units. A majority of the Task Force is comfortable with an even higher percentage of 70% of for -sale units. The Market Study found that this housing mix would appear to be both marketable and appropriate. Income Category Level The majority of the Task Force feels that the target AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 59 Development Guidelines s; `..1 r��.. Architecture market for housing at Burlingame Ranch should consist of Category 3 income levels as defined by the Aspen/ Pitkin County Housing Authority. The remainder of the housing should be evenly divided between Category 2 and Category 4 income levels. Housing for income levels above Category 4 is not desired but may be required to assist with financing for the overall development package. If Resident Owned housing is developed, this level of housing should be kept to a minimal level to create as large a percentage of traditional affordable housing as possible. Category 1 housing, though critical to the overall housing supply for the City of Aspen, is probably better suited for other housing sites. Household Type The Burlingame Ranch site is considered by many on the Task Force to be an ideal site for families with children. The location of the project, the surrounding open space, and the ability to build larger units are all viewed as attractive qualities for family living. The pre - annexation restriction prohibiting dogs on the site may deter some families, but most feel that the need for family housing is so critical that families will still choose to live here. Other household types should be accommodated within the development to reflect a cross- section of the Aspen community, but the focus should be on family living. Bedroom Mix With the emphasis on family living, two and three bedroom units are required to satisfy Housing Authority requirements. Based on Task Force recommendations, over 50% of the unit mix should include two and three bedroom units. At least another 25% of the units should be designed,as one bedrooms units to meet the needs of adults living alone. The Task Force is committed to the design of units that are both flexible and expandable to meet the changing needs of family living. The idea that walls could be added or removed within a unit to reconfigure spaces as families evolve should be an integral component of any design. This concept would allow for some portion of the units to be built as one, two, or three bedroom units capable of being converted into two, three, or four bedroom units respectively. page 60 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN K.rhilor4� era Unit Mix and Type The unit mix is closely related to the ideal bedroom breakdown. The Task Force explored a number of unit types including: single family detached, townhomes, and stacked flats. Proposed building programs were tested through a number of different exercises in an attempt to determine the carrying capacity of the 25- acre site. The Task Force is unanimously committed to building the 225 units allowed under the pre -annexation agreement and is willing to compromise other programmatic desires to achieve this goal. Given the number of units to be built, variety in both the architectural style and character will be critical to the overall success of the project The Task Force envisions that a majority of the unit mix will be comprised of townhomes. A townhouse is defined as units that share a common party wall but are distinct from stacked flats, in which units are stacked on top of one another. Townhomes are appealing because each unit is entered at grade and every resident can have access to a front and back door. At least 60% of the development should include townhomes. The design of the townhomes can incorporate one, two, and three story units. Some level of detached single-family housing should also be incorporated into the design. No more than 30% of the project should be devoted to this unit type. Detached single-family housing will most likely fall into the for -sale category. Another 10% of the project might include smaller detached units similar to the "carriage or alley" houses found throughout Aspen. These units may or may not have a garage/carport incorporated into their design. These smaller detached units are desirable because they add a certain vitality to a neighborhood and they expand the variety of unit types. These smaller units might include an opportunity for expansion as lifestyles change. These smaller houses may or may not share a yard with a larger single-family unit. These smaller houses are not envisioned as accessory dwelling units; ownership of the smaller units will be independent of any adjacent single-family unit. The economic feasibility of these smaller detached units should be evaluated. A majority of the Task Force is strongly opposed to including stacked flats in the final unit mix, stating that Development Guidelines f AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 61 Development Guidelines I Architecture it is much more desirable to live next to someone rather than above or below. Information from the Focus Group sessions, as documented in the Market Study, supports this position. The remainder of the Task Force is comfortable with this position, provided that smaller units can be incorporated into the townhome configuration in a manner that is economical and efficient. The final unit mix will be strongly influenced by the overall character of the site plan. The financing package that is ultimately structured to fund the development may also suggest some modification to the unit mix as defined above. page 62 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN 4 —f, if—fi rn ARCHITECTURAL CHARACTER The architectural character of the design is integral in defining the overall mood and character of the development. The context of the site is significant to the Task Force and architectural designs should be sensitive to both regional and site specific conditions. Given this framework, the architecture should be consistent with the vernacular of a mountain ranch. Exterior Character The Task Force is committed to a design which includes variety. While cost and standardized designs are important considerations in an affordable housing development, a visually appealing design is paramount. Building massing and roof forms should be varied. Building heights should include one, two, and three story components. Building arrangements and juxtapositions can also add to the visual interest of the development. Buildings could use the grade as a tool to respond to the natural topography on the site. Exterior treatments should include a combination of utilitarian/low maintenance materials. Individual building designs should create a front and back door for every unit with access off of the ground floor. Porches that are large enough to be functional rather than just decorative are also desirable. Storage is a critical component required for all units. Storage maybe provided in external spaces adjacent to the units or internally. Consider providing storage in a variety of places including crawl spaces and spaces within the roof structure. Interior Architecture The efficiency of the interior floor plan layout is critical to building a cost effective project. Standardized units reduce costs but should be accomplished while still creating variety in the building massing and roof forms. As a part of the COWOP process, specific square footage requirements for different unit types were not identified; floor plan designs should incorporate the Aspen/Pitkin County Housing Authority square footage guidelines. The Task Force prefers an open living floor plan which allows for combined uses while reducing dedicated circulation corridors. Floor plans should be designed for flexibility. Individual room designs should allow for furniture placement to accommodate family lifestyles and active living. Critical to the Task Force is that units can respond to the changing needs of the residents. Development Guidelines AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 63 Development Guidelines Architecture Design elements which make the individual units feel larger are encouraged. Suggestions include higher ceilings, and windows which are located to borrow space from the expansive surrounding landscape. As much natural light as possible should be incorporated into the building designs. Because of the close proximity of attached units, sound mitigation measures should also be considered in the design solutions. Every square foot is critical in the design of affordable housing units and efficient design should be reflected in every aspect of the floor plan. Bathrooms and internal closets and storage should be designed to accommodate a wide variety of household types. Site Lighting Site lighting must conform to the City of Aspen's lighting standards. Lighting along the streets should be minimal while satisfying safety requirements. Lighting at the buildings themselves should also be minimized with exterior illumination concentrated at porches or building entries. Site lighting should be shielded to avoid glare onto adjacent properties. Lighting of trees and facade planes should be avoided. Interior illumination can also add to nighttime light pollution and needs to be considered. Solar Analysis and Green Building The design of the site and the architecture should consider solar analysis and building orientation. Solar access is important to accomplish a sustainable design and adds to the livability of individual units. Material selection should respond to green building principles. Refer to the Environmental Guidelines for more detailed information on these subjects. Accessibility In 1990, the passage of the Americans with Disabilities Act (ADA) mandated that all places of public accommodation be made accessible to everyone. All building and site designs should comply completely with these standards. Refer to the ADA and Fair Housing Act for required percentages of accessible units, etc. Emergency Provisions The rural location of the site requires all development to be more considerate of emergency needs. All housing units shall be equipped with sprinkler systems to satisfy the fire department requirements. page 64 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Economic ECONOMIC GUIDELINES INTRODUCTION The economic guidelines for Burlingame Ranch af- fordable housing are an important part of the Goals of Development and reflect the Aspen Pitkin County Housing Authority's goal statement. The basis of these guidelines is an overall openness to creative means for financing the project. ECONOMICS The goal of the Aspen Pitkin County Housing Authority, originally adopted in 1983, is "to assure the existence of a supply of desirable and affordable housing for persons currently employed in Pitkin County, persons who were employed in Pitkin County prior to retirement, the disabled, and other qualified persons of Pitkin County." Naturally, this is a foundation for the Burlingame Ranch affordable housing development. In the Goals of Development, several economic goals are called -out regarding creating a cost-effective design that is financially feasible; building an affordable hous- ing village under a prudent schedule; and allowing for opportunities to form further public/private partnerships including non-profit agencies. As the market research shows, and local experience dictates, there is an overwhelming demand for afford- able housing. It is in both the City of Aspen and the Aspen Pitkin County Housing Authority's interest to purse all available opportunities for funding the devel- opment of Burlingame Ranch. Consequently, it is un- derstood and accepted that financing mechanisms may require flexibility in following the guidelines as de- scribed in this development plan. Each item varying from the prescribed guidelines will require review. Development Guidelines AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 65 C O N C L U S I O N Affordable Housing Land Use & Development Plan Conclusion SUMMARY OF PROCESS Initiation Of Process On September 6, 2000, the Aspen City Council determined the Burlingame Ranch application eligible for participation in the COWOP land use approvals process. A Task Force Team was assembled thereafter with the mission of reviewing the development proposal and recommending a design to City Council for the Burlingame Ranch affordable housing. Process Products The Task Force Team mission is to recommend a design and review the development proposal. The Task Force Team serves in an advisory capacity to the City Council who makes final decisions on development proposals. The Task Force Team committed to a minimum of one meeting per month, however frequently participated in two meetings per month. The Team began meeting in October 2000. Topics of the development plan were thoroughly examined, critiqued and discussed with the intent of finding and creating the best guidelines for development of the affordable housing site in particular. These topics include Market Analysis; Environment; Infrastructure; Transportation; Architecture; and Economic Analysis. The Task Force Team broke into three small groups on several occasions to work on various topics. This allowed the Team to spend more time exploring specific site opportunities and constraints. Similarly, working in the three smaller groups allowed a greater amount of creativity to be exercised. Each group often produced individual ideas distinct from one another. At each meeting, these individual ideas were presented and analyzed by the Task Force Team as a whole. The development plan is a reflection of this collective effort and the level of consensus achieved. Much consensus was reached amongst the Task Force Team regarding each topic in the development plan. However, where consensus was not achieved, minority views are documented. AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 69 Conclusion End Of COWOP Process The Burlingame Ranch COWOP Land Use Approval h'rocess will end after a final design for the affordable housing site is selected, or the application is denied approval. The process will continue through the Task Force Team's participation in selecting a final design for the site. This participation may take the form of judging in a design competition or on an RFP Selection Committee or such. After a final design is selected and approved by the City Council, the Burlingame 01 Ranch COWOP process will be completed. page 70 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN MOVING FORWARD The Land Use & Development Plan is a land use application filed with the City of Aspen Community Development Department, recommended by the Task Force Team, for ultimate approval by the -Aspen City Council. The listed future steps assume Aspen City Council approval of the Land Use & Development Plan. Future Steps Pending Aspen City Council approval, the Land Use & Development Plan will be used as a source of guidelines and reference within which a final design shall be created. The plan represents the community's interests and preferred design elements for Burlingame Ranch. All efforts shall be made to abide by the plan similar to how one abides by a city land use code. A Request for Qualifications (RFQ) will be advertised for final design/build work on the affordable housing site. The Aspen/Pitkin County Housing Authority and Burlingame Ranch COWOP Task Force Team will select three teams from the submitted RFQ's to submit final design/build proposals. Eligible teams will compete in a Design/Build Competition. Part of this submission will include a budget for construction of the project. The Burlingame Ranch COWOP Task Force Team will participate in making a recommendation to City Council for the final affordable housing site design. Additional input from members of the public not involved in the COWOP process may be solicited as a secondary source of recommendation to the City Council. The Aspen City Council is the ultimate decision -maker on the final design and budget for the affordable housing site. e 11 Conclusion AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 71 A C K N O W L E D G E M E N T S Affordable Housing Land Use & Development Plan Acknowledgments COWOP ROSTER City of Aspen City Council Mayor Rachel Richards Tom McCabe BarlX Ranch, LLC Pam Zoline John Lifton - Consultant Pitkin County Planning and Zoning Commission Sheri Sanzone City of Aspen Planning and Zoning Commission Bob Blaich Steve Buettow Aspen/Pitkin County Housing Board Marcia Goshorn Steve Elliot Many Voices Jamie Knowlton Aspen Valley Land Trust Reid Haughey Aspen Airport Business Center Judy Pearce Representative of People with Disabilities Denis Murray General Public Evan Griffiths Josh Burnaman Linda Gerdenich AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 75 Acknowledgments NEIGHBORS Adjacent Homeowners Connie Harvey Joy Caudill Stephanie Soldner CITY STAFF Community Development Julie Ann Woods, Director Joyce Ohlson, Deputy Director Aspen/Pitkin County Housing Authority Mary Roberts, Director Jay Leavitt, Director of Development and Construction Michelle Bonfils, Project Manager page 76 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN PROPERTY BEING ANNEXED BAR/X RANCH PROPERTY. 1. THAT PROPERTY DESCRIBED AS RECEPTION ND, 468499 2. LOT T AND 2, ZOLIN£ LOT SPLIT ACCORDING TO THE FINAL PLAT RECORDED SEPTELBER 20, 1989 IN PLAT BOOK 2,9 ON PAGE 42 RECEPTION N. 315225 J. THAT PROPERTY DESCRIBED IN BOOK 335 AT PACE 468 .... 014 ACC U— TD CDMCT ur xW Nusr COwuEN A wY L S .CIIDN BASED UPDN wY DETECT NI R115 SUNVEY •M1NIN MgEE YEwS UIFA 1'W —1 NSCDAf SUCH DETECT. W ND EVENT UAY ANY ACTON DAscD uvcw ANx DETEcr in nns wR„EY 6E couNENCED uDNE TNw rzN ANNEXATION MAP OF: BAR/X RANCH A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET I OF 2 34 TOrr,VSH/P 9 SOUTH R.aNG£ BS IYEST 7'0#7VSFlIP 10 SOUTH, RANCE 65 IYL'ST 3 PITKIN / \ COUNTY NW CORNER SEC 2 FOUND / \ AIRPORT 197J BRASS CAP IN CON C 1 LS 19184 ASPEN AIRPORT BUSINESS CENTER I PARCEL 2 PARK TRUST LOT 3 EXEMPTION MAP BOOK 10 PAGE 5A M PITKIN COUNTY RECORDS I W 1/4 CORNER SEC 2 FOUND 1954 BLM BRASS 3 LOT 1 BURLII GAME RANCH SUBOIVISION I 3Ji --- LOT 2 SOIL II l0 I �-ASPEN-SELF-STORAGE (REC No. 196496) \ N 1/4 CORNER SEC 2 NOT SET IN 19IJ BLM ADAMS SURVEY - IN AGRICULTURAL FIELD - PARCEL \}, PARK TRUST EXEMPTION MAP 1•\ SAME CONDITION THIS SURVEY, NOT SET BOOK 10 PACE 5tnPITK1N COUNTY RECORDS NE CORNER SEC 2 FOUND _ N88_2Y46_W 191J BLM BRASS CAPS \ 531.109' _ - - 351 36 \ I��\, T"""R```ACye"GEORGE PLACER B OK /80 AT PACES_580-584 I 2 1 µTART OF RED BUTTE RANCH SUBDIVISION) I I RED BUTTE RANCH SUBOIWS/ON/PU& BK 55 PG 42-47I P/TK/N COUNTY RECORDS I I I dl FORK RIVER ENVER AND l�� TY OF pFTTfgN _� 'g .,: aed NO. S 62'41'33W cl o I z38.91'(TIE) - i C. E 1/1 CORNER, SEC 2 K SE #f t ; F ND 1999 BRASS CAP, LS NOS STATION /29 TRUE CORNER BEARS I S-159 LITE BUTTE TRACT (PLAT aK 4 0 PG 462) `r h a MBAR RI �` NI `2'GCN4E LQl I MAROON �7 BlEN 234 CREEK CLUB -� ' GRAPHIC SCALE I S 0 S 1/4 CORNER, �.. I �' ?. '• SEC 2 FOUND 1954 BLM BRASS CAP:: L N rm 1mn . soo/ 1t 10 1 - — — — — SOPRIS ENGINEERING — LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 VICTN= MAP SCALE: I" - 2000' MTES: 1) DATE 0" PREPAIMrIOI: OCTDBER, 20W 2) THIS AANEXATI LN AMP IS BASED ON PLATS. DLCZAENTS OF RECORD AM Mr FoM SECT/OW, SLBOIV/S10N LOT AM PARCEL SRNVEY 40-ICITS. IN M .1 l5 /T f0 BE CONSTRUED AS A 8WVARr SI.RV£Y OF ANY O' INC AANEX/M PROPERTY. 4) BASIS Or SURVEY: ALI ACCORDED PLATS OF THE CBEST/C1TY OF ASPEN SLISD/V/S/ON EX£APr1GN FOP A LOT L/Ar AD✓usTAI£Nr. 7W 8QAWARr SMPV£Y or BAR/X RAACN PREPARea Br ROCKY MWirA IN LAM SWLIfYIM /M.. THE BURL /AC W RAAIO4 5U9Dl VISION AM BIML /M44:C SEASONAL MXTIM .SLBOIV/SIONIP. U.O., PARK TRUST EXEAPT/ON MAP, AM RED BUTTE R A SLWIV/S/ONIPW. VARIO/S DOCL9ENTS OF RECORD AM THE FOUND SURVEY A0KACNTS. A$ SHOW JJ BASIS Or Or BEARING: A BEARING Cr N JB'05'44' N B£711EEN rw FOAW AG$ STATIONS 5-1.4 AM 0-159 PER ME 7998 CITY OF ASPE*TREXEL BARRELL COITRO SURVEY —CH ESTA641SAED A PRO✓ECr B£ARWG BASE 0" N 04'41'16' E BETIIEEN TN£ E I/4 CORNER OR SECTION J. A FOA%C BLM BRASS CAP AM ME AC CORNER OF SECT/OI J. A FOLW BRASS CAP IN CONCRETE L.S. 19184 VEYOR'S STAT I. LARK S BECKLER DO NEREBY STATE THAT THIS ANNEXATION YAP A'AS PREPARED BY SOPRIS ENGINETRINC LLC FOR THE CITY OF ASPEN AND THAT IT IS TRUE AND CORRECT TO THE BEST OF LY XNOIFLEDGE Y .NARKS. BL'ti'KL£IC LS. /28643 — �IAM. .� `�I RED BUTTE PARK CITY £A'C/N££R APPROVAL NGS (REC. No. 21) P' 1'(68 0-159 THIS ANNEXATION LAP HAS BEEN REMWED AND APPROVED FOR A ., nl RECORDING BY THE CITY ENG/NE£R OF THE CITY OF ASPEN SICN£D Rs 1 \ n THIS _ _ DAY OF . 2004 WEST A 0-SQ8./ TT I (Af, SK! 3 O-R.�309). .. I ��\.v\ N/CK AP.-H (CITY ENGINEER) C/TY COUNCIL APPROVAL �� NAS \�J SE CORN&- 1-1" THIS ANNEXATION ,NAP APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, PITKIN COUNTY. COLORADO THIS DAY OF MAROON CREEK PARK (AEC. No. 746821) SEC 2 FOUND 1 1954 B -- 2004 AS EVIDENCED BY ORDINANCE N0. _ BRASS Ca .. - - SERIES OF 2004 RECORDED B9TH TH£ CLERK AND RECORDER OF PITKIN COUNTY AS RECEPTION NO -�, 4th AMENDED PLAT OF THE ASPEN GOLF COURSE SUBDIVISION LOT 1 �rLOT 2 - HELEN XLANDERUD. VAYOR WITNESS MY HAND AND THE SEAL OF THE TORN OF ASPEN ATTEST - KATIIRYAr COCH, CITY CLERK CL£RX ANO RECORDER'S ACC£PTANC£ THIS ANNEXATION BAR/X RANCH IS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, AT --- O'CLOCX _—_ K. ON THE DAY OF _-- , 2004, AS RECEPTION NO. . CL£RA'AND RECORDER BY -------- DEPUTY PROPERTY BE/NC ANN . no CITY OF ASPEN PROPERTY. PARCEL 2, PARK TRUST E"AfR170N NAP ACCORDINC TO THE FINAL PLAT RECORDED JULY If. T980 PLAT BOOR 10 ON PACE 5A RECEPTION No. 225707 EXCEPL'/NC THAT PROPERTY DESCRIBED IN THE QUIT CLAIM DEED RECORDED AS RECEPTION Na 466499 COUNTY OF PITKIN STATE OF COLORADO ANNEXATION MAP OF: PARCEL 2 OF PARK TRUST EXEMPTION MAP A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 2 TO/Y;VSN/P 9 SOUTV R.JNC£ BS NEST 34 %'OIYNSH/P %0 SDUTN. R%NCE 8� fYE%T 3 PITKIN \ COUNTY NW CORNER SEC 2 FOUND \ AIRPORT 197J BRASS CAP IN CONC \ LS 0184 ASPEN AIRPORT BUSINESS CENTER \ LOT J 3� ASPEN -SELF -STORAGE (REC No, 196496) \ N 114 CORNER SEC 2 NOT SET IN 191J BLM .\ ADAMS SURVEY - IN AGRICULTURAL FIELD - -PARCEL � PARK TRUST EXEMPRON MAP ', SAME CONDITION THIS SURVEY, NOT SET BOOK 10 PAGE SA.p1TKl N COUNTY RECORDS NE CORNER SEC 2 FOUND \` NB8_2T46_W - �_531J.09' 1913 BLM BRASS CAP,, 35�J6 TRAC.S B GEORCE PLACER B OK iB0 AT PA E 5AS841 P 1 \(PART OF RED BUTTE RANCH�SUBOIVISION)31 I RED BUTTE BK 55 PG 42- I FORK RIVER 1 ' I BAR/X RANCH (REC No. 4"66499) NI W 114 CORNER LOT i BURLII GAME RANCH I SEC 2 FOUND SUBDIVISION } 7954 BLM BRASS CAP 9 GRAPHIC SCALE IN FEET ) 1 i..h - 500 7L `• I LOT 2\ _ rJ1 yE I BAR X RANCH I OLDNERI BX 181 PG 230 MAROON CREEK CLUB BAR V RA M ZOLINEILOT PG (PLAT BK. 23 ®I PG. I I I /ORN I S 114 CORNER, SEC 2 FOUND 7954'` BLM BRASS CAP SUBOIVISION/PUQ/ I � I V COUNTY /RECORDS \ I I v I \ .\ a J• � 41A OENER ANOtY OF R�X` a£Ef No. iJ6g )IN \• 'I \ \ I ? 1 1 O o =I S 62'41'33" W 1 10L�2JMB.81' (nE) C. E 114 CORNER, SEC 2iF NO 199E BRASS CAP, L$NGS STATIONj7 129 TRUE CORNER BEARS5-159 I A LITE BUTTE TRACT I (PLAT BK 4 O PC 462) I I RED BUTTE PARK NGS STA77ON (REC. No. 146821) NI 0_159 CREEK PARK v SE CORNER- 11 SEC 2 FOUNO- (REC No. 146821) 1954 BCM -MAROON BRASS CAP I 11 I 4th AMENDED PLAT OF THE r \ r ASPEN GOLF COURSE Z6 SUBDIVISION LOT I .� I \ LOT 2 •.. SOPRIS ENGINEERING - LLC MINn Y MAP SCALE. 1" - 2000' AOTES: 1) DATE OF PR£PARATIOV: OC'ToBER, 2o74, 2) THIS ANVfXAr/0v AHP IS BASED LW PLATS. DOC'LOCNTS OF RECLRD AND rHE FORAD SECTIM. SUSO/V/SIM LOT A7 PARCEL SLRVCY AGRWCNTS. IN W WAY IS I TO BE COvSTRLCD AS A S&NDARY SLRVEY Of ANY or TIC AANEX/AG PROPERTY. 4) BASIS OF SLAWEY: rNF RECORDED PLATS Of TH£ ON£SWIrY OF ASPEN SbWIV/STOW EXEAPTIW FOR A LOT LINE AOJUSrIENT, TM BOXCURY SLRVEY OFBAR/X RAACN PREPARED BY ROCKY ACWTA/N LAND SLRVEY/AC /AC., THC &RE 1/A:AAIE NCH DI VISILW AAD OMIACAMC SEASDWL ACUSIhU WWI VISION/P. U. D.. PARK TRUST arwrIOV YAP, AND RED BUTTE RANG/ SUBD/VIS/OV/POJ, VARIOUS DOCLACNrS Of RECORD AN0 rHf FOM SLRVEY A,GRAICNTS. AS SNDIW J) BASIS d' OF BEARIAC: A BEARIAC OF N JS •0'44' W BErWIN THE FOAWT ACS STAnow 5-159 AAO o-159 PER THE 1998 CITY OF ASPENIVREXEL SARRELL CLWTRDL SLRVfY WICH ESTABLISHED A PROJECT BEARING BASE OT N 04'41'IB' E BETREEN THEE 114 COINER OR SECr1oN J. A FORD BLM BRASS CAP AND TIC AL CORNER OF SECT/OW J, A FOX,O BRASS GP /N CLrCRfrE L.S. /9TB4 SURVEYOR'S STATEMENT I, ,MARX S BECASER DO HEREBY STATE THAT THIS PARCEL 2 OF PA" TRUST EX£,VPTION MAP WAS PREPARED BY SOPR/S £NCINEERINC, LLC FOR THE CITY OF ASPEN AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY "GJFLELC£ BY.'_�--__-- _ MARK S BECKLER, LS. p2B649 CITY ENCIN££R APPROVA- THIS ANNEXATION MAP HAS BEEN REVIEWED AND APPROVED FOR REC'ORDIAV BY -THE CITY ENCINE£R OF THE CITY OF ASPEN SIGNED DAY OF — 2004 NIC.Y ADEH (CITY ENGINEER) CITY COUNCIL APPROVAL THIS ANNEXATION MAP WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, PITKIN COUNTY, COLORADO THIS ____ DAY OF _ 2004 AS EVIDENCED BY ORDINANCE NO. S£R/ES OF 2004 RECORDED WITH THE CLERK AND RACOROER OF PITXIN COUNTY AS RECEPTION NO H£L£N XLANDERUD, MAYOR �^ WITNESS MY HAND AND TH£ SEAL OF THE TOWN OF ASPEN • ATTEST'__ __ XATHRYN COCH. CITY CLERK C RK AND REY'O D R'S ACY' PTAN r THIS ANNEXATION MAP OF PARCEL 2 OF PARK TRUST EXEMPTIONS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. AT O'CLOCK ___.M. ON THE DAY OF 2004, AS RECEPTION N0. BASEp UPOn ANY DETECT SIN OVLA S AIR— M1Hwu MgEE YE 5� YOU -1 T MSCA�ER ` DETECT. IN NO EVENT YAY ANY ACTIINI Ppl ANY DETECT IN MIS SURVEY BE COuuENCEO uptE MAN irk CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 BY. DEPL?Y uq h 14 ;S�Lf�- F-7VII-i "eh jc,/) Y/, � 6o10 S-{e�hv)e- T- t� n eler-i rl O_ 7476, aD J i C L A. 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