HomeMy WebLinkAboutLand Use Case.727 W Hallam St.15C86-87 CASELOAD SUMMARY SHEET
// City of Aspen to !I /a LL A
DATE RECEIVED: SJaO '~/ PARCEL I,Dp AND CASE NO
DATE COMPLETE: a7. '/� 7-30-o2/ T )6'1
STAFF MEMBER:
fPROJECT NAME: Aga le e`f/ / Q SI ua/ _5Di/vs k F
haI
Project Addressfro_ ?Ia
: • a ; . of .s' '
APPLICANT: C. N. C/e/'l)
Applicant Address: '. 0. io - - : •e • . 1 .
REPRESENTATIVE: APO 0 '/
Representative Addres'/Phone: 5 I ./� r / 'i • -8100
TYPE OF APPLICATION: Saha/iv- S/on POD r/net 7YaJ
PAID: 411, NO AMOUNT: #900. 00
1 STEP APPLICATION:
P&Z MEETING DATE: PUBLIC HEARING: YES NO
DATE REFERRED: INITIALS:
/2 STEP APPLICATION:
CC MEETING DATE: :S `"411Z"r7A PUBLIC HEARING: YES NO
DATE REFERRED: "/ ' / ✓ NITIALS:
AV
REFERRALS:
// City Attorney Mtn. Bell School District
/ City Engineer ✓ Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
✓ City Electric '- Fire Chief Bldg:Zon/Inspect
Envir. Hlth. Roaring Fork Roaring Fork
Aspen Consol. Transit Energy Center
S.D. Other
FINAL ROUTING: DATE ROUTED: // a D INITIAL j€('
City Atty 'l City Engineer / Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
CASE DISPOSITION
AGATE COURT/VICTORIA SQUARE FINAL PLAT
On June 29, 1987 City Council approved the Agate Court/Victoria
Square PUD/Subdivision Final Plat, PUD and Subdivision Improve-
ments Agreement, and Protective Covenants subject to the fol-
lowing conditions:
1) Changes made to the final plat and the PUD/Subdivision
Agreement by Council at the June 29, 1987 meeting shall
be incorporated into the approriate documents.
2) A signature block for the City Attorney should be added
to Subdivision/PUD Improvements Agreement.
3) The final plat, improvements agreement and protective
covenants shall be recorded with the Pitkin County
Clerk and Recorder' s Office only after those documents
meet the approval of and are signed by the City
Attorney and City Engineer.
The PUD and Subdivison Improvements Agreement for Victoria Square
and Final Plat should be referred to.
Case Planner: Steve Burstein
cd
CASE DISPOSITION
AGATE COURT/VICTORIA SQUARE FINAL PLAT
On June 29, 1987 City Council approved the Agate Court/Victoria
Square PUD/Subdivision Final Plat, PUD and Subdivision Improve-
ments Agreement, and Protective Covenants subject to the fol-
lowing conditions:
1) Changes made to the final plat and the PUD/Subdivision
Agreement by Council at the June 29, 1987 meeting shall
be incorporated into the approriate documents.
2) A signature block for the City Attorney should be added
to Subdivision/PUD Improvements Agreement.
3) The final plat, improvements agreement and protective
covenants shall be recorded with the Pitkin County
Clerk and Recorder's Office only after those documents
meet the approval of and are signed by the City
Attorney and City Engineer.
The PUD and Subdivison Improvements Agreement for Victoria Square
and Final Plat should be referred to. Copies are in the file.
Case Planner: Steve Burstein
cd
noun 540 mf 869
P.U.D. AND SUBDIVISION IMPROVEMENTS AGREEMENT 2 9 0 7 71
FOR
SIIVIA DMMS
VICTORIA SQUARE SUBDIVISION PITKIN CNTY RECORDER
This P U.D. and Subdivision Agreement is made an�"7 �.3P
into this J4 day of Ju �LerLte F9 run
ASPEN, Colorado, ' 1987, by and between the CITY to
a municipal corporation (hereinafter referred to
as "City" ), and C. M. CLARK (hereinafter referred to as the
"Owner" ) .
R E C I T A L S
1. The Owner has submitted to the City for approval,
execution and recordation, the final plat and development plan
( "Plat" ) of a tract of land situated within the City of Aspen,
Colorado, legally described as Block 17, City and Townsite of
Aspen, Pitkin County, Colorado, and designated as "Victoria
Square Subdivision" (the "Subdivision" ) ; and
2. The City has fully considered the Plat, the proposed
development, the improvement of the land, representations of the
Owner, and the effects of the proposed development and
improvement of land included in the Plat on other adjoining or
neighboring properties; and
3. The City has approved all elements of the proposed
development and imposed certain conditions and requirements in
connection with its approval, execution and recordation of the
Plat, such matters being necessary to protect, promote and
enhance the public welfare; and
4. The Owner is willing to acknowledge, accept, abide by
and faithfully perform the conditions and requirements imposed by
the City in approving the Plat; and
5. Under ode the authority of Section 20-16(c) and 24-8. 6 of
the Municipal
required assurance that tthe Cmatte matters hereinafter agreed to City Y has
faithfully performed by the Owner; g will be
W I T N E S S E T H:
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES,
mutual covenants herein contained, and the a
and acceptance of the
and the Plat for recordation byproval, execution
Y agreed as follows: by the City, it is
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I.
GENERAL DEVELOPMENT PLAN
The Subdivision as shown on the Plat includes the
following elements:
A. Fee Simple Lots. Lots 1 and 5 each may contain two-
family dwellings, ( also known as duplexes) as shown and noted on
the Plat and Lots 2, 3, 4, 6, 7 and 8 may each contain single
family homes.
B. Site Data Tabulations. The Site Data Tabulations
attached hereto and made a part hereof as Exhibit "A" define and
describe further and more specifically the allocation of the uses
anticipated within the Subdivision.
II.
CONSTRUCTION OF IMPROVEMENTS
A. Nature of Improvements. Owner hereby agrees to make
and install the improvements to be contained within the
development indicated on the Plat. The nature of such
improvements shall conform to the schedule entitled "Victoria
Square Subdivision Improvement Schedule" attached hereto and made
a part hereof as Exhibit "B" .
B. Construction Schedule. Owner anticipates that the
several components of the project will be constructed generally
in accordance with the following time frames:
Development Commencement Date Substantial Completion Date
Component (on or after) (on or after)
Houses on September 29, 1987 May 29, 1988
Lots 3 and 4
Four houses May 15, 1989 November 15, 1989
on Lots to
be determined
Two houses May 15, 1990 November 15, 1990
on Lots to
be determined
C. Engineering, Geology - Surface Concerns. Owner shall
construct curbs and gutters as required by the Construction and
Improvement Schedule, plus new sidewalks along the entire project
frontage on Seventh Street in accordance with the Landscape Plan
prepared by Wetzsteon Design Associates, a copy of which is
appended hereto and incorporated herein by reference, and
recorded as a part of the Plat, hereinafter referred to as the
2
pooK 540 v4&871_
"Landscape Plan" .
D. Paving. Owner shall provide and install paving for
the alley in accordance with the Landscape-Site Plan attached
hereto and incorporated herein by reference as Sheet 5 of 5 and
referred to herein as Exhibit "C" . The west 30' of the alley
shall be paved with brick pavers and shall be maintained,
replaced and repaired from time to time by Owner. City shall not
be liable for any damage caused by snow removal or other
maintenance by City. A sign shall be posted at the west end of
the alley stating "Service Vehicles Only. No left turn" .
E. Drainage. There shall be an 8" culvert installed
under the alley at the Sixth Street entrance in the existing
ditch. The drainage runoff shall not exceed historic drainage
runoff. Owner shall make appropriate remedial measures if
drainage exceeds historic drainage runoff to install drywells to
accommodate such extra drainage.
F. Landscaping Plan. In accordance with Section 24-8. 16
of the Municipal Code, all landscaping shall substantially
conform to the "Landscape-Site Plan" attached hereto and
incorporated herein by this reference as Exhibit "C" showing the
extent and location of all plantings and other landscape
features, in appropriate relation to scale, species and size of
existing plantings, proposed treatment of all ground surfaces
(e.g. , paving, turf, gravel, etc. ) , and a planting schedule with
names, sizes, quantities, and transplant information.
Landscaping will be completed in a logical phasing sequence
commensurate with the phasing of the improvements contemplated in
the Construction and Improvements Schedule attached as Exhibit
"B" . The Owner shall coordinate construction of landscaping with
the City of Aspen Parks Director. Relocation of trees shall be
accomplished by professionals using techniques acceptable to the
Parks Director and shall only be moved after five days' notice to
Parks Director. When foundations are located closer than three
feet to the drip line of any trees, excavation and mitigation
shall be done with approval and supervision of the Parks Director
in order to provide for proper cutting of roots and installation
of moisture barrier. Any tree that dies, due to its relocation
or to excavation closer than 3 feet to the dripline within two
( 2) years of excavation shall be replaced by the Owner with a new
tree not less than one-half the size of the original tree.
Replacement shall be completed no later than one year after
discovery of death.
G. Vegetation of Disturbed Areas. Owner agrees, pur-
suant to the provisions of the Landscaping Plan that during the
course of construction any portions of the property which are
disturbed shall, as soon as practical, be landscaped in
accordance with the Landscaping Plan.
3
Foy 540 RzE872
H. Utilities Underground. City shall extend at City's
cost the primary wire on 6th Street at a location off the alley
for a new transformer, trench and pipe and wire. City shall
purchase the new transformer, only if the City Electric
Department determines that existing improvements require such
transformer, otherwise Owner shall purchase the new transformer.
Owner shall grant an easement to place the transformer on his
property according to the Electric Department standards. The
applicant shall also agree to pay for half of all primary
installed material used and pay at the time of and as a condition
to the issuance of building permit for all secondary connectors
used in or on the transformer. All new utility systems
constructed within the Subdivision shall be underground.
I . Woodburninq Devices. The installation and use of any
woodburning devices in the Subdivision will be in strict
accordance with the requirements of Ordinance 86-5 of the City of
Aspen, as in effect on the date of this agreement.
J. Environmental Health. The Owner agrees to comply
with the requirements of the Environmental Health Department with
regard to air pollution, noise abatement and contaminated soils
as set forth in Environmental Health Department Memo from Tom
Dunlop dated March 16, 1987, a copy of which is appended hereto
and incorporated herein by reference as Exhibit "D" .
K. Condominiumization. Owner shall comply with Section
20-22 of the Municipal Code for any units which are to be
condominiumized or shall not condominiumize such unit for a
period of eighteen ( 18) months after issuance of certificate of
occupancy.
L. Demolition. Owner agrees to demolish all existing
structures on the property and to complete all berming and
landscaping on Seventh Street, sidewalks and curbing improvements
as shown on the Landscaping-Site Plan within twenty-four ( 24)
months of the issuance of the first building permit for the site.
City may, in the event Owner fails to do so, apply financial
assurances pursuant to Section X to complete all unfinished
demolition and landscape improvements mentioned hereinabove.
M. Improvement District. In the event that any
municipal improvement or improvements of a kind contemplated in
Section 20-16 of the Municipal Code of the City of Aspen, as
amended, become, in the reasonable judgment or discretion of the
City Council of the City of Aspen, necessary or desirable to the
area of the above described property, Owner will make no
unreasonable objection to any special assessment or special tax
or proceeding therefor on the basis that the property is
adequately served by existing improvements and/or on the basis
4
'our 5 .40 PAGE873
that the premises will not be served or benefited by the
improvement or improvements proposed. Owner further agrees to
join, upon the demand therefor by the City, any special
improvement district and urban renewal district formed for
construction of such improvements (including, without limitation,
signage, drainage, undergound utilities, paved streets and
alleys, planting, curbs, gutters, sidewalks, street lights,
traffic circulation, trails, recreation facilities, parking,
etc. ) , in the area of the above described property or to
reimburse the City of Aspen directly upon demand therefor if the
City should choose to construct these improvements without the
formation of such a district.
III
NON-COMPLIANCE AND REQUEST FOR AMENDMENTS
OR EXTENSIONS BY OWNER
A. In the event the City determines that the Owner is
not acting in substantial compliance with the terms of this
Agreement, the City may issue and serve upon the Owner a written
order specifying the alleged non-compliance and require the Owner
to cease and desist from such non-compliance and rectify the same
within such reasonable time as the City may determine and specify
in such order. Within twenty ( 20) days of the receipt of such
order, the Owner may file with the City a notice advising the
City that Owner is in compliance or a written petition requesting
a hearing to determine any one or both of the following matters:
(a) whether the alleged non-compliance exists or did
exist; or
(b) whether a variation, extension of time or
amendment to this Agreement shall be granted with respect to any
such non-compliance which is determined to exist.
Upon the receipt of such petition, the City shall
promptly schedule a hearing to consider the matters set forth in
the cease and desist order and in the petition. The hearing
shall be convened and conducted pursuant to the procedures
normally established by the City for other such hearings. If the
City determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such
compliance orders as may be lawful and appropriate; provided,
however, no order terminating any approval granted herein shall
be issued without a finding of the City Council that substantial
evidence warrants such action and affording the Owner a
reasonable time to remedy such non-compliance. A final
determination of non-compliance which has not been remedied or
for which no variation has been granted may, at the option of the
City Council, and upon written notice to the Owner, terminate any
of the approvals contained herein which are reasonably related to
5
POOP( 540 i GES?4
the requirements with which Owner has failed to comply.
Alternatively, the City Council may grant such variations,
extensions of time or amendments to this Agreement as it may deem
appropriate under the circumstances.
B. In addition to the foregoing, the Owner or his
successors or assigns may, on his own initiative, petition the
City Council for variation, an amendment to this Agreement or an
extension of one or more of the time periods required for
performance under the Construction Schedules or otherwise. The
City Council may grant such variations, amendments to this
Agreement, or extensions of time as it may deem appropriate under
the circumstances. The parties expressly acknowledge and agree
that the City Council shall not unreasonably refuse to extend the
time periods for performance indicated in one or more of the
Construction Schedules if Owner demonstrates by a preponderance
of the evidence that the reasons for the delay which necessitate
said extensions are beyond the control of the Owner, despite good
faith efforts on his part to perform in a timely manner. With
respect to the Victoria Square Subdivision Construction and
Improvements Schedule (Exhibit "B" ) , the Owner has made various
assumptions, which the City hereby acknowledges and accepts,
including the following:
( 1 ) Obtaining the appropriate construction financing
within one ( 1 ) year from the date of receiving all final
subdivision and P.U.D. approvals from the City;
(2) Completion in an expeditious manner of the
bidding, contractor selection, and implementation phases to meet
the dates indicated;
(3 ) Confirmation of the construction schedule by
selected contractors;
(4) Availability of the required labor and materials
during each phase;
( 5 ) Sale of residences at a rate that would permit
the phasing suggested in the Development and Construction
Schedule.
The City shall not refuse to extend the time periods
for performance indicated in the Development and Construction
Schedule or refuse to allow reasonable adjustments to the
Schedule or the specifications if the Owner demonstrates by a
preponderance of the evidence that the reasons for such extension
or said adjustments result from the failure of such assumptions,
unforeseeable circumstances, litigation, acts of God, or other
events beyond the control of the Owner despite good faith efforts
on his part to accomplish the same.
6
Bonx 540 FAGE875
IV.
EASEMENTS, RIGHTS OF WAY, AND RELOCATIONS
Utilities and Drainage. There is hereby established and
dedicated for the benefit of the Public Utilities, and City
hereby accepts, necessary easements for the location,
installation and maintenance of utilities and the establishment
and maintenance of drainage, as such easements may be
specifically set forth on the Plat and Civil Engineering
drawings.
V.
ACCEPTANCE OF PLAT; RATIFICATION BY OWNER
Upon execution of this Agreement by all parties hereto,
the City agrees to approve and execute the Final Planned Unit
Development Plat for the Victoria Square Subdivision, and to
accept the same for recordation in the Recording Office of Pitkin
County, Colorado, upon payment of the recordation fee and costs
to the City by Owner. For his part, Owner hereby ratifies and
confirms each and every representation made in the application as
well as the representations and public dedication made and set
forth by Owner in said Plat.
VI.
OPEN SPACE AND COMMON AREA
MANAGEMENT, MAINTENANCE AND USE
The Plat designates the alley shown on the Plat as an
alley adjacent to the separately designated Lots. Respective
responsibilities, limitations, covenants and agreements regarding
the management, maintenance and use of the berm and alley shall
be as provided below.
A. Common Area. The alley, including brick pavers, as
described in this agreement and on the Plat shall be maintained
in common by the owners of all of the Lots. Management and
maintenance of the alley shall be the responsibility of a
collective homeowners ' association consisting of the owners of
all of the Lots, pursuant to provisions as shall be set forth in
recorded covenants providing for such policies and procedures
governing the use and maintenance of the alley. These covenants
may provide for necessary budgets and financial reserves to be
assessed against homeowners ' association members, and shall
insure permanently the fit and proper maintenance, repair,
replacement and enduring first rate safety and quality of the
alley. Responsibility of the homeowners ' association in this
respect may be contractually delegated by it to a private
property management company, to independent contractors, or to a
salaried employee of the homeowners ' association. The following
shall, as well, apply to the homeowners ' association hereinabove
7
POOH 540 P4OE876
referred to:
( 1 ) Formation. The homeowners' association shall be
fully formed and established by the Owner prior to the sale of
any lots within the Subdivision and pursuant to applicable
statutes governing the formation of Colorado not-for-profit
homeowners' associations.
( 2) Documentation. Operative documents for the
homeowners' association shall include Articles of Incorporation,
By-Laws, and rules and regulations. The homeowners ' association
shall have the duty to enforce such protective covenants as will
be recorded by the Owner for the purpose of preserving the
architectural and aesthetic compatibility of the entire
development and its component features.
(3) Membership Mandatory. Membership in the home-
owners ' association shall be mandatory for each owner and shall
be automatic upon the recordation of any instrument transferring
a legal ownership interest (excluding standard security
interests) in or to any of such lots.
(4) Assessments and Liens. The homeowners ' asso-
ciation shall have the power to levy assessments which will
become a lien on individual Lots for the purpose of paying the
cost of operating and maintaining common facilities.
( 5 ) Board of Managers. The board of managers of the
homeowners' association shall consist of at least three (3)
members who shall be owners within the development, after a
majority of the lots have been sold.
The Owner shall record covenants reflecting the above
described responsibilities, purposes and powers of the
homeowners' association. In the event the homeowners'
association (or any successor organization) shall at any time
fail to maintain the alley in accordance with such covenants, the
procedures and the rights of the City more particularly described
in Section 24-8. 19(b) of the Aspen Municipal Code, which is
hereby incorporated by reference as if set forth verbatim herein,
shall then and thereupon go into effect and apply. The Owner
further acknowledges that the procedure set forth in Section III,
above, pertaining to the procedure for default and amendment of
this Agreement shall not be required with respect to the
enforcement and implementation of common facilities maintenance
as set forth and required by Section 24-8. 19(b) .
8
BOOTS 540 RRGE81 1
VIII.
WATER AVAILABILITY
The City agrees, on approval of this Agreement and the
Plat, agrees through its water department, to continue to supply
water consistent with ::he proper servicing of the needs of the
improvements to be constructed in the Subdivision.
IX.
SEWER AVAILABILITY
The City agrees, upon approval of this Agreement and the
Plat by the Metropolitan Sanitation District, that sewer services
are satisfactory to City for the development shown on the Plat.
Owner agrees that if an' existing sewer lines are to be abandoned
to physically disconnect such sewer line from the main in
accordance with City Wa :er Department policy for the abandonment
of sewer lines.
X.
FINANCIAL ASSURANCES
Pursuant to Section 20-16(c) and Section 24-8. 16 of the
Aspen Municipal Code, Owner hereby agrees to provide a guaranty
in the sum of $58, 846.0( , which sum represents the estimated cost
of 100% of the cost of paving the alley, curbing and sidewalk and
125% of that portion of the Landscaping Plan including the cost
of demolition for which the City, through the City Engineer, has
requested financial assurance. That portion of the Landscaping
Plan for which financial assurance has been requested and which
hereby is agreed to be given is described in Exhibit "E" attached
hereto and made a part hereof. The guaranty to be provided by
Owner shall be in the form of an irrevocable letter of credit
from a responsible financial institution. Said guaranty shall be
delivered to the City prior to the issuance to Owner of a
building permit for the aroject, shall be in a form acceptable to
the City Attorney and t; e City Manager, and shall give the City
the unconditional right, upon default by the Owner, to withdraw
funds as necessary and uion demand to partially or fully complete
and pay for any of such improvements or pay any outstanding bills
for work done thereon py any party, with any excess guaranty
amount to be applied first to additional administrative or legal
costs associated with any such default and the repair of any
existing improvements damaged during the construction of new
improvements or deterioration in improvements already constructed
before the unused remainder ( if any) of such guaranty is released
to Owner. As portions of the required improvements are
completed, the City Engineer shall inspect them, and upon
approval and written accaptance, he shall authorize the release
from the guaranty delivered by Owner; PROVIDED, HOWEVER, that ten
percent ( 10% ) of the estimated cost shall be withheld until all
9
Feu 540 rAGE878
proposed improvements are completed and approved by the City
Engineer.
It is the express understanding of the parties that the
procedure set forth in Section III pertaining to the procedure
for default and amendment of this Agreement shall not be required
with respect to the enforcement and implementation of financial
assurance and guaranties to be provided by Owner as set forth
above and required by Section 20-16(c) and 24-8. 16 of the Aspen
Municipal Code.
XI.
MISCELLANEOUS
A. The provisions hereof shall be binding upon and inure
to the benefit of the Owner and City and their respective
successors and assigns.
B. This Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado.
C. If any of the provisions of this Agreement or any
paragraph, sentence, clause, phrase, word, or section or the
application thereof in any circumstances is invalidated, such
invalidity shall not affect the validity of the remainder of this
Agreement, and the application of any such provision, paragraph,
sentence, clause, phrase, word, or section in any other
circumstance shall not be affected thereby.
D. This P.U.D. and Subdivision Agreement contains the
entire understanding between the parties herein with respect to
the transactions contemplated hereunder and may be altered or
amended from time to time only by written instruments executed by
all parties hereto.
E. Numerical and title headings contained in this
Agreement are for convenience only, and shall not be deemed
determinative of the substance contained herein. As used herein,
where the context requires, the use of the singular shall include
the plural and the use of any gender shall include all genders.
F. The parties agree that this P.U.D. and Subdivision
Agreement for the Subdivision shall be recorded by the City in
the Pitkin County, Colorado real property records.
G. Notices to be given to the parties to this Agreement
shall be considered to be given if delivered or if deposited in
the United States Mail to the parties by registered or certified,
return receipt requested, mail at the addresses indicated below,
or such other addresses as may be substituted upon written notice
by the parties or their successors or assigns:
10
Bow( 540 P4GE879
CITY OF ASPEN OWNER: COPY TO:
City Manager C. M. Clark Douglas P. Allen
130 S. Galena Street P.O. Box 566 530 E. Main St.
Aspen, CO 81611 Aspen, CO 81612 Aspen, CO 81611
H. The terms, conditions, provisions and obligations
herein contained shall be deemed covenants that run with and
burden the real property more particularly described in Section I
hereof and any and all owners thereof, their successors, grantees
or assigns, and further shall inure to the benefit of and be
specifically enforceable by or against the parties hereto, their
successors, grantees or assigns. Upon conveyance of the property
described herein, the Declarant may, by document recorded in the
Office of the Clerk and Recorder of Pitkin County, Colorado, name
a successor declarant whereupon such successor declarant shall
succeed to all the rights and obligations of the Declarant
hereunder.
I. Owner represents and warrants that he is the fee
title owner of the subject parcel with full authority to enter
into this agreement, and that any and all persons, firms or
entities having any lien, encumbrance or interest in the property
have consented to the dedications, restrictions and conditions of
approval set forth herein, and that the agreement shall not be
recorded in the Office of the Pitkin County Clerk and Recorder,
nor shall any of the approvals granted herein take effect without
the written consent (or subordination, if applicable) of any such
persons, firms or entities.
J. Owner hereby ratifies and confirms each and every
representation made and set forth by owner in its application
dated May 6, 1986, and all written submittals and representations
made in connection therewith to the Planning and Zoning
Commission and City Council, which applications and
representations shall be deemed to be made a part of this
agreement and to be incorporated herein by this reference.
IN WITNESS WHEREOF, the parties hereto have signed on the
date indicated, in full understanding and agreement to the terms
and conditions hereof.
CITY OF ASPEN
a Colorado unicipal Co ••.oration
/ S % �e
By: 4 pr der �'
Kathryn S/ Koch, City Clerk Wi • am iri 'g, Mayo
i .
C. M. `Cl . k/Owne
11
BOOK 540 gzE880
APPROVED AS TO FORM:
ail
,AQQ__ A• Rpc_c_k_ •
Ci y ri&ccsj;rney
.TATE OF COLORADO
) ss.
COUNTY OF PITKIN
n/-- day fore o' g instrument was acknowledged before me this
y of 1987, by William Stirling, as Mayor,
and Kathryn S. Ko , as City Clerk of the City of Aspen,: a
Colorado municipal corporation. ..0.1'i,' :'s
WITNESS my hand and official seal.
Not y Publif �
Add ess: / _.i. .i/i' %i,
STATE OF COLORADO )
ss. 01C0 ,
COUNTY OF PITKIN )
o .
The foregoing instrument was acknowledged beforetmeY this.
,'9 day of TA , 1987, by C. M. Clark.
ir
WITNESS my hand and official : al.
� r
My commission expires: lye '
Notar' ubli�
Address:
Vincent J.Hlpene/Notary Public
My Commi.eion expires 12/26/90.
801 E.Hopkins
Aspen,Colorado 81611
12
BOOK 540 N46E881
EXHIBIT "A"
SITE DATA TABULATION*
LOT NO. ACRES BLDG. FOOT PRINT
SQ. FT.
Lot 1 0.2066 3384
Lot 2 0. 1374 2250
Lot 3 0. 1377 2256
Lot 4 0. 1377 2256
Lot 5 0. 1377 2256
Lot 6 0. 1377 2256
Lot 7 0. 1374 2250
Lot 8 0.2066 3384
*Site coverage of structures is limited to 37. 6% of each lot.
Landscaped area shall be not less than 54.0% of total lot area.
Landscaped area is defined as area open to the sky on the
property excluding the driveway and paved parking apron, but
including such site features as walkways, all yard and patios.
BOOK 540 GE883
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1
X- Aspen,Colorado IIIIIII
MEMORANDUM
TO: Bill Drueding
FROM: Steve Burstein, Planning Office
RE: Compliance with Conditions of Approval: Victorian
Square Lots 3 and 4
DATE: July 23 , 1987
VICTORIAN SQUARE LOT 3 COMMENTS:
In review of the building permit plans we have the following
comments:
1. Plat for. the Victorian Square Subdivision/PUD has been
recorded.
2 . Financial assurances required in the approval have been
submitted to the satisfaction of the City Attorney' s Office.
3 . Please submit to the Planning office a record of the date of
issuance of the building permit because that day activates the 24
month period after which all landscaping and demolition of
existing structures shall be accomplished.
4 . The Landscaping Plan requires:
"When foundations are located closer than three feet to
the drip line of any trees, excavation and mitigation
shall be done with approval and supervision of the
Parks Director in order to provide for proper cutting
of roots and installation of moisture barrier. Any
tree that dies due to excavation or relocating closer
than 3 feet to the dripline within 2 years of excava-
tion shall be replaced with anew tree no less than one
half the size of the original tree. Replacement shall
be completed no later than one year after discovery of
death. "
Bill Ness should be notified prior to excavation near trees
#15 and 16; and his approval of the excavation and mitigation,
including moisture barrier (is moisture barrier included in
building plans?) should be reported in writing to the Building
Department.
5. "Landscaped area" , defined to include green space and
walkways are required to meet 54% of the lot area. This require-
ment does not appear to be met.
6. Please check the 1 space/bedroom parking requirement for the
house.
LOT 4 COMMENTS:
1. Comments 1, 2 , and 3 above apply.
Victoria Square Lots 3 & 4 commments
Page 2 (Continued)
2 . Comment 4 above also applies to the 14" diameter spruce tree
to remain. Permission was given through subdivision approval for
removal of the 12" spruce tree.
3 . "Landscaped area" on Lot 4 also appears to be deficient. I
calculated a rough take-off of the landscaped area, arriving at
2750 s. f. or 46% of the lot area. 54% of the lot area is-
3 , 2405. f.
4 . Height of west elevation appears to exceed code require-
ments. For your information, no height or any other area and bulk
variations were approved by City Council.
Bill, you should read the P.U.D. and Subdivision Improvement
Agreement for Victoria Square Subdivision and look at the plat on
file with the Engineering Office.
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MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, Jr. , City Manager
FROM: Steve Burstein, Planning Office
RE: Agate Court/Victoria Square Final Plat
Parcel ID# 2735-124-30-001
DATE: June 29 , 1987
APPLICANT: C. M. Clark
LOCATION: All of Block 17, Townsite and City of Aspen (Lots A,
B, C, D, E, F, G, H, J, K, L, M, N, 0, P, Q, R and S) .
PARCEL SIZE: Approximately 54 , 000 square feet.
ZONING: R-6 (PUD) .
APPLICANT'S REQUEST: The applicant is requesting approval of the
final subdivision and PUD plat for the redevelopment of Block 17.
This proposal is for the. demolition of all existing struc-
tures and resubdivision of the property into six (6) single-
family lots and two (2) duplex lots. Reconstruction credit for
the existing Agate units would be used to build the ten (10) new
dwelling units.
SITE DESCRIPTION: The site is located off Highway 82 (Seventh
Street) between Hallam and Sleeker Streets. Currently the Agate
Lodge, accompanying cabins and two single-family houses occupy
the site. A number of mature evergreen, cottonwood, aspen, and
flowering fruit trees grow on the property.
SURROUNDING ZONING AND LAND USES: To the north, south and east is
the R-6 zone district; and across 7th Street to the west is RMF.
An apartment building is located north of the Agate; the Stallard
House is to the east; and single-family houses are to the south.
PRIOR COMMISSION AND COUNCIL ACTIONS: The Agate Conceptual
Subdivision/PUD was first recommended for approval by the
Planning and Zoning Commission on June 4, 1985 and approved by
City Council on August 12 , 1985. The preliminary plat, required
to be submitted within six (6) months of conceptual approval, was
not submitted within the code established timeframe. Therefore,
conceptual approval expired and was heard again by P&Z on July
22 , 1986 and approved by City Council on August 25, 1986. The
Preliminary Subdivision and PUD Plat was approved by Planning and
Zoning Commission on April 21, 1987 .
APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Section 20-14 of the
Subdivision regulations sets forth the procedure for final plat
submission. Section 20-15 lists the necessary contents of the
final plat. The final Planned Unit Development plan procedure
and contents are described in Sections 24-8 . 11 and 24-8. 12
respectively.
PROBLEM DISCUSSION:
A. Referral Comments:
1. City Attorney: The City Attorney, Engineering Depart-
ment and Planning Office met on . June 16, 1987 to
discuss review comments on the PUD and subdivision
improvements, protective covenants and the final plat
submitted. Subsequently, changes to those documents
were suggested by the City Attorney to the applicant
which were incorporated into the documents before you.
Because the City Attorney is out of town, he has not
had the chance to give a final review of the documents
for content and form. It is appropriate that this be
accomplished prior to signing of the final plat; and
the City Attorney' s Office stated they will work to
accomplish this.
2 . Engineering Department: Elyse Elliott stated in a
memorandum (attached) that the financial assurance of
$58, 846 for landscaping, curbs, and alley improvements
and for demolition and the plat information are
satisfactory.
3 . Parks Department: In discussions with Bill Ness,
refinement of the landscaping section of the Agreement
was worked out, as agreed to by the applicant. Bill
also commented on saving tree #27 as discussed on Page
5 below.
4 . Electric Department: Don Gilbert wrote a memorandum
(attached) to clarify the reasons the owner is being
asked to be responsible for the electric improvements.
The applicant has agreed to take on these responsibili-
ties, as demonstrated in Section II. 4 of the Agreement.
PLANNING OFFICE COMMENTS:
The conditions of Council 's Agate Court conceptual_ approval=
(Attachment A) served to guide the preliminary plat application.
In turn, the more detailed preliminary plat submittal and
2
conditions of P&Z ' s preliminary plat approval (Attachment B) were
the basis for preparation of the final plat.
Staff has worked closely with the applicant to develop the final
plat and subdivision/PUD agreement. We believe that both of
these documents are very close to an acceptable final form.
Summarized below are some of the major components of the agree-
ment. We will be prepared at your meeting to discuss in detail
any aspect of the project mentioned below or within the documents
submitted by the applicant.
Summary of Final Plat Submittal
1. Construction Schedule: Construction of two single-
family houses will begin this summer; four houses will
be built in 1989, and two houses would be built in 1990
(see Section II on Page 2 of the Agreement and Exhibit
B. )
014St.
2 . Sidewalks and Alley: Sidewalks and curbs ) will be
N constructed along the entire project frontage; and the
alley will contain a 14 ' wide pavement. The western 30
feet of the alley, which extends to 7th Street through
the landscape buffer area, will be paved with brick
pavers and shall be maintained by the applicant. The
City will be responsible only for snow removal through
the alley. The drive-thru function of the alley would
be limited to service vehicles only and left turns
would be prohibited, with signage posted to this effect
(see Section II.0 and D on Page 2 and 3 of the Agree-
ment. )
3 . Landscape Plan: Major features of the landscape plan
include: saving 27 trees in their existing location,
moving 8 trees elsewhere on the property, cutting down
1 tree and planting 17 new trees on the property and
adjacent rights-of-way. Excavation cannot be done
closer to existing trees than the extent of the
"dripline" . Any tree that dies due to close-in
excavation must be replaced by a tree half the size of
the original tree. A 6 foot high berm, to be irrigated
by a sprinkler system, will extend along the 30 ' wide
buffer area along 7th Street (see Section II. F on Page
3 of the Agreement and landscape plan, Sheet 3 of the
Plat. )
4 . Electric Improvements: The owner will be responsible
for several improvements to the electric system
-(including extension of a primary wire and purchase and
installation of a transformer) which will service this
project (see Section II.H on Page 4 of the Agreement. )
3
5. Demolition: All existing structures on the property
will be demolished within twenty-four months of the
issuance of the first building permit, anticipated for
July, 1987 (See Section II.L on Page 4 and Exhibit
"B" , )
6. Homeowners Association Responsibilities: A Victoria
Square homeowners association will be established.
Among it's responsibilities are: maintaining the berm
and alley and review of architecture according to
guidelines by an architectural control committee. The
guidelines address the building materials, roof lines,
orientation, massing and ornamentation. The roofline
guidelines encourage steep roof pitches (12/12) . The
architectural theme, as shown in the elevations of the
two duplexes on Lots 1 and 5, would have some Victorian
characteristics (see Section VI on pages 7 and 8 of the
Agreement, the Protective Covenants for Victoria Square
and sheets 4 and 5 of the plat) .
7 . Financial Assurances: The owner will provide an
irrevocable letter of credit for a sum of $58, 846 to
cover landscaping, alley construction, sidewalk, bus
stop, culverting of a ditch, and demolition (estimated
to cost $0 given salvage rights) (see Section X on page
9 of the Agreement and Exhibit E. )
8. Height Variation: A height variation to allow a maximum
of 28 ' for roofs having 12/12 or more steep pitches
would apply to lots 1, 3, 4 and 5, provided that the high
ridge is no more than 30% of the total ridge distance
and an equal or greater ridge distance would be
equivalently lower than theehigh ridge (using 25 ' as
the base of measurement) . The Code establishes a 25 '
height limit in the R-6 zone district. However, PUD
provisions allow for a height variation. It should be
noted that the elevations for the duplexes on lots 1
and 5 submitted as part of the PUD plan do not utilize
this provision. (See Plat Note *Lon sheet 1 and sheets
4 and 5 of the plat) .
9 . Site Coverage and Landscape Area: Maximum allowed site
coverage for any lot in the subdivision is 37. 6%, while
landscaped area shall be a minimum of 54% of each lot
(see plat note 4 on sheet 1 of the plat) . "Landscaped
area" would mean the area open to the sky on the
property excluding the driveway and parking apron, but
including such site features as walkways, back yards
and patios. These parameters were established in the
preliminary plat approval to help compensate for the -
height variation and in general to encourage the
4
development to be in keeping with the character of the
West End residential neighborhood.
Issues
Staff finds that the final plat documents substantially comply
with the conditions of preliminary plat approval and the require-
ments of final subdivision/PUD plat. A few outstanding issues
are discussed below.
rottiopyi-
1. Tree #27: A mature cherry tree is located near the
eastern property line of proposed Lot 2 . A preliminary
plat condition of P&Z 's approval reads: "Tree #27 on
Lot 2 shall also be retained in its present location,
having a dripline approximately 15 feet around its F
trunk. The applicant would like to place the building
envelope closer than 15 feet from the tree. After
discussing the situation with the Parks Director, staff
believes that it would be reasonable to allow the
footprint within 12 feet of the tree trunk, as approxi-
mates the dripline radius defined by the major limbs of
the tree. An on-going problem in the neighborhood is
the loss of mature, healthy trees. One of the chief
concerns in conceptual review, as well as preliminary
review, was to save the significant trees in their
current places on the Agate block. As preliminary
approval stands, eight trees, 6-7" caliper, would be
relocated, some of which probably will not survive. We
believe that this is a significant tree, since it forms
a triangle of healthy large trees with the two spruce
trees to be saved on lot 3 , and it is close enough to
the proposed lot line to not unreasonably restrain the
lot 2 footprints. In addition, the 54% landscaped area
parameter of the project should be used where necessary
to save existing vegetation. Staff recommends that the
building envelope on lot 2 should be no closer than 12 '
from the trunk of tree #27.
2 . Architectural Review: The PUD provisions require
architectural review for reasons "including to promote
preservation of the visual character of the City. . . "
(Section 24-8. 15) . Several changes occurred to the
elevations of the duplexes between preliminary and
final plat submittal, including building height,
placement of windows, and use of flat roofs. While in
general, there is no substantial or very detrimental
deviation in the current elevations - based on a review
of the drawings by the Planning and Zoning Commission
Chairman - we would like to be able to monitor the
evolution of the duplex designs. Given the hurry to
finalize the subdivision, and the nature of the minor
changes hoped for to keep the architectural quality at
5
least as high as shown in preliminary plat drawings,
staff suggests that the applicant be required to show
staff all elevations of the duplex structures on lots 1
and 5 prior to issuance of a building permit.
3 . CITY ATTORNEY APPROVAL: A signature block should be
provided on the subdivision agreement for approval as I
to form by the City Attorney. This would ensure that I
the City Attorney has the opportunity to review all of
the final language of the agreement prior to signing of
the plat.
RECOMMENDATION: "Move to approve the Victoria Square PUD/Sub-
division Final Plat, PUD and Subdivision Improvements Agreement
for Victoria Square Subdivision, and Protective Covenants for
Victoria Square subject to the following conditions:
1) The plat shall be revised to place the building
envelope on lot 2 no closer than 12 ' from the trunk of
tree #27 . 1.
4011/4" )
A statement shall be added to the agreement stating
that prior to issuance of building permit the owner
shall submit to the Planning Office all elevations of
the duplex structures on lots 1 and 5 for a check of
substantial compliance with the approved architecture.
No building permit should be issued until the Building 0:^�i,,✓k.)
Department receives a statement in writing from the
Planning Office that the elevations substantially 14PV"14
comply with the approved architecture.
3) A signature block for the City Attorney should be added
to subdivision/PUD Improvements Agreement.
4) The final plat, improvements agreement and protective
covenants shall be recorded with the Pitkin county
Clerk and Recorder's Office only after those documents
meet the approval of and are signed by the City
Attorney and City Engineer.
CITY MANAGER'S RECOMMENDATION:
SB.AGATE rlt , j-�. : r 1 i;7."
Iv f./r,,'
6
from Agate Court Preliminary Plat Submittal
( Changes made due to conditions of P&Z approval
in preparation of Final Plat not shown )
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1.. The Applicant shall provide a landscape plan meeting the
requirements of Sections 24-8 . 9 and 20-12 of the Code.
Included within said plan shall be a design which shall
significantly increase the landscape buffer along 7th Street
so as to provide relief from the noise of traffic for the
residents and so as to better screen the view of the units
from the highway.. The Applicant shall entirely move the
duplexes off Lots A and R, and may request setback variances
to accomplish the intent of no development on the highway
side, but a total of ten (10) units being approved on the
site..
2. The Applicant shall relocate any structure which would have
required the removal of a tree which cannot be replanted and
demonstrate that all trees considered significant by the
Parks Director are retained in place or shall be relocated
on the site.. The Applicant shall show building footprints
for all ten (10) units at the Preliminary Plat stage.
3.. The Applicant shall provide for alley access for all ten
units within the project and alley access for trash removal,
and the project shall have no curb cuts on either Hallam or
Sleeker Streets.. However:, flexibility shall be given in the
review of driveways and footprint locations at the Prelimi-
nary Plat stage if it can be demonstrated that said flexi-
bility is the only way to retain the most important trees on
the site..
4.. The Applicant shall contact the Fire Department to
the necessity of keeping the alley open must be
the department indicates in writing that the alley
kept open, then the Applicant shall agree to place a no left
turn sign at the exit to 7th Street.. In the absence of such
a written statement, the Applicant shall alter the design to
show no exit or entrance for cars along 7th Street, a
properly designed turn around at the end of the cul-d-sac,
and a continuous landscaped berm in this location..
5 . The Applicant shall revise the design of the "auto courts"
such that the driveways are narrowed to approximately 26 ' ,
in accord with the recommendations of the Engineering
Department, but shall _also insure that the alley continues
to provide adequate area for service vehicle access..
,. ..c
6. The Applicant shall provide details on the internal makeup
of the two duplexes so as to insure that one parking space
)' is provided for each bedroom within the project..
7 . The Applicants shall provide a bus stop at the corner of
Seventh and Sleeker meeting the specifications of RFTA, and
shall provide a sidewalk for the length of Seventh Street..
8. The Applicant shall demonstrate compliance with Section 20-
22 for any units which are to be condominiumized, or shall
simply not condominiumize any unit for a period of 18 months
after its occupancy..
9.. The Applicant shall meet the setback and height limitations
of the City Code as indicated by Bill Drueding in his review
lu DcrAT
4
10.. The Applicant shall meet the conditions for water service
outlined by Jim Markalunas in his letter to Douglas Allen
dated December 17 , 1984.
11 .. The Applicant shall submit a preliminary plan within six
months of the date of conceptual approval by Council, as
required by Section 24-8.9 of the Code or this conceptual
approval shall expire..
12.. The Applicant shall agree to join any Special Improvement
District formed in the future that effects this property.."
ATTACHMENT "B"
CONDITIONS OF AGATE COURT PRELIMINARY SUBDIVISION
PUD APPROVAL BY P&Z ON APRIL 21, 1987
1) A final plat shall be recorded with the Pitkin County
Clerk and Recorder' s Office meeting the requirements of
Section 20-15 and Section 24-8. 12 of the Municipal
Code, including names and addresses of adjacent
property owners, landscaping plan, and elevations of
the duplex structures on Lots 1 and 5.
2) A subdivision and PUD agreement shall be recorded with
the Pitkin County Clerk and Recorder' s Office as meets
the requirements as to form of the City Attorney prior
to recordation of the plat.
3) On the final plat, the following items shall be shown:
a. Building envelopes describing the outer possible
location of footprints on lots 2 , 3 , 4 , 6, 7 and 8
shall be shown on the final plat no closer than
the driplines of significant trees that remain in
their present locations. Tree #27 on lot 2 shall
also be retained in its present location, having a
\ drip line approximately 15 feet around it trunk.
b. The ,nth Street sidewalk shall be shown to jog at
least six feet to the west of the trunk of trees
#4 and #5, requiring a minor reconfiguration of
the landscape berm.
c. The landscape berm along 7th Street shall not
exceed 6 feet in height.
d. The alley entrance onto 7th Street shall be
narrowed to paving width not to exceed 14 feet.
Signs shall be posted stating "For Service
Vehicles Only. No Left Turn" . The alley exten-
sion shall be surfaced with pavers.
e. A bus stop area, bu stop and curb cut shall be
provided as meets RFTA' s requirements.
f. The height restriction of 25 ' shall be allowed by
vary to a maximum of 28 ' , for roofs having pitches
of 12/12 or more steep, according to the calcu-
lation of height in Section 24-3 .7 (g) of the
_ Municipal Code. Where the height variance is
utilized the length of the ridge which exceeds the
Code height shall (1) not exceed 30% of the total
of the ridges for the house including the longest
dimension as measured along the perimeter of each
flat roof and (2) where the ridge height variance
is utilized, an equal or greater length of ridge
shall be included in the design at a height that
is an equal amount less than the amount by which
any ridge exceeds the Code height limitation. All
other area and bulk requirements in Section 24-3 . 4
and parking requirements in Section 24-4 shall be
adhered to.
g. Site coverage of structures shall be limited to
37 . 6% of each lot and landscaped area shall be a
minimum of 54% of each lot, as approved by the
Building Department prior to issuance of building
permits for individual lots. This site data shall
be stated on the plat and in the subdivision/PUD
agreement.
4) Within the Subdivision/PUD agreement the following
items shall be addressed:
a. The applicant shall agree to follow the require-
ments of the Environmental Health Department with
regard to air pollution, noise abatement, and
contaminated soils as stated in Tom Dunlop' s
memorandum of March 16, 1987 .
b. The applicant shall agree to physically disconnect
any old water or sewer line from the main, in
accordance with the City Water Department's policy
for the abandonment of old sewer lines if new
lines are to be installed or existing liens to be
abandoned.
c. The applicant shall agree to extend the primary
wire on 6th Street at a location off the alley for
a new transformer, trench and pipe wire, buy the
transformer, and grant an easement to place the
transformer on his property according to the
Electric Department standards. The applicant
shall also agree to pay for half of all primary
installed material used and pay for all secondary
connectors used in or on the transformer.
d. The applicant shall agree to joining any Special
Improvement District formed in the future that
effects this property, to be binding upon all
future owners.
e. The applicant shall demonstrate compliance with
Section 20-22 for any units which are to be
condominiumized or shall agree not to condomin-
2
iumize any unit for a period of 18 months after
its occupancy.
f. The applicant or homeowners association shall be
responsible for the maintenance of the paved alley
which provides access to all of the homes on the
block.
g. All other key representations in the preliminary
subdivision and conceptual subdivision application
shall be explicitly stated in the subdivision/PUD
Agreement.
h. The applicant shall coordinate landscaping of the
7th Street berm and landscape area with the City
of Aspen Parks Director. Relocation of all trees
shall be accomplished by professionals using
techniques acceptable to the Parks Director, and
shall only be excavated and moved after the Parks
Director has given approval. When foundations are
located closer than 3 ' to the dripline of any
trees, excavation and mitigation shall be done
with approval and supervision of Parks Director in
order to provide for proper cutting of roots and
installation of moisture barrier.
i. A subdivision/PUD Improvements Agreement and
guarantee shall be prepared prior to final plat
submittal meeting the requirements of Sections 20-
16 and 24-8. 16, meeting the requirements of the
City Engineer and City Attorney, and including but
not limited to the following improvements repre-
sented in the application:
1. Relocation of 9 trees (identified as #5,
#23, #24, #25, #26, #28, #29, #30, and #31) ;
2 . Planting 9 new Colorado spruce trees,
8 'minimum height;
3 . Planting 8 new cottonless robusta B&B
cottonwoods, minimum 4" diameter
caliper;
4 . Berm along 7th Street with grass and
irrigation system;
5. Continuous curbs around the perimeter of
the property except where the 6th & 7th
Street alley entrances are located;
6. Pavement of alley;
3
7. Sidewalk along 7th Street;
8 . Culverting of ditch on 6th as determined
by the applicant to be necessary;
9 . Bus stop.
j . The applicant shall submit a detailed
schedule of demolition, completion of
landscape improvements and completion of
construction prior to submittal of final
plat. Included within this schedule shall be
an agreement by the applicant to demolish all
structures on the property and complete all
7th Street landscaping, sidewalks and curbing
improvements within 24 months of the issuance
of the first building permit and shall
guarantee the performance of such to the
City.
SB.A
1
4
MEMORANDUM
I
J$JN 2 41987
To: Steve Burstein, Planning Office i
v
From: Elyse Elliott, Engineering Department
Date: June 24, 1987
Re: Victoria Square Subdivision (Agate)
Per our meeting of June 16, 1987, I have checked the following
items and found that they are satisfactory:
- legal descriptions
- financial assurances of $58, 846
- lot sizes
- construction schedule
- surface concerns
- paving commitments
- utilities undergrounding
- language on the plat concerning the future possibility of
widening Hwy. 82 and possible condemnation
APR 2 3 i98; i
TO: S'I'EVE BIURSTEIN , PLANNING OFFICE
FROM : DON GILBERT, ELECTRIC SUPERINTENDENT
DACE: APR.1I, 23 , 1987
RE: FOLLOW UP: AGATE SUBDIVISION PRELIMINARY PLAT
Steve :
( AgL was contacted by Mr . Douglas P. Allen , Attorney for applicant '
ate CourtePreliminary Subdivision/PADriReview) April 21
of charges for the electric line extension and 1987
1987 of our policy
former( s ) needed to service the following described property .
All of Block 17 , Lots A through S , City of Aspen .
Mr . Allen stated it was stipulated at conceptual approval by City
Council the Applicant would not be "double dipped" for the cost
of undergrounding utilities .
I was not here when the agreements were made regarding the
undergrounding project so I told Mr . Allen I would check with our
Consulting Engineer , Mr. Clements Kopf of Kopf & Kopf, Glenwood
Springs , and get an answer from him.
Mr . Kopf reviewed the Plat Plans and informed me the original
overhead Primary extended west into the alley only a few feet and
the applicant did not want the Pad mount transformer setting in
that location . They came to an agreement to set the Pad mount
transformer at its present location .
This transformer will not take care of the electrical needs for
this entire block , so therefore , other facilities will have to be
installed .
I stand on my original Memorandum of April 7 , 1987 stating the
extension of Primary Lines and extra transformer( s ) , cost will be
charged to the applicant .
If other agreements were made prior to my employment in October
of 1986 and can be documented in writing they will be honored and
no questions asked.
Thank you
Don Gil .ert
Electric Superintendent
•
i
P.U.D. AND SUBDIVISION IMPROVEMENTS AGREEMENT )N 2 51p87 111
ti
FOR
VICTORIA SQUARE SUBDIVISION —-- —
This P.U.D. and Subdivision Agreement is made and entered
into this day of June, 1987, by and between the CITY OF
ASPEN, Colorado, a municipal corporation (hereinafter referred to
as "City" ) , and C. M. CLARK (hereinafter referred to as the
"Owner" ) .
R E C I T A L S
1. The Owner has submitted to the City for approval,
execution and recordation, the final plat and development plan
( "Plat" ) of a tract of land situated within the City of Aspen,
Colorado, legally described as Block 17, City and Townsite of
Aspen, Pitkin County, Colorado, and designated as "Victoria
Square Subdivision" (the "Subdivision" ) ; and
2. The City has fully considered the Plat, the proposed
development, the improvement of the land, representations of the
Owner, and the effects of the proposed development and
improvement of land included in the Plat on other adjoining or
neighboring properties; and
3. The City has approved all elements of the proposed
development and imposed certain conditions and requirements in
connection with its approval, execution and recordation of the
Plat, such matters being necessary to protect, promote and
enhance the public welfare; and
4. The Owner is willing to acknowledge, accept, abide by
and faithfully perform the conditions and requirements imposed by
the City in approving the Plat; and
5. Under the authority of Section 20-16(c) and 24-8. 6 of
the Municipal Code of the City of Aspen, Colorado, the City has
required assurance that the matters hereinafter agreed to will be
faithfully performed by the Owner;
W I T N E S S E T H:
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the
mutual covenants herein contained, and the approval, execution
and acceptance of the Plat for recordation by the City, it is
mutually agreed as follows: - -
62587
1
•
Ck4 13 „4 /
Pf AtrWI &1d 6.4"04 i
dnut,J}.OP) n0.,
I. 'yh.Jti
GENERAL DEVELOPMENT PLAN
The Subdivision as shown on the Plat includes the
following elements:
A. Fee Simple Lots. Lots 1 and 5 each may contain two-
family dwellings, ( also known as duplexes) as shown and noted on
the Plat and Lots 2, 3, 4, 6, 7 and 8 may each contain single
family homes.
B. Site Data Tabulations. The Site Data Tabulations
attached hereto and made a part hereof as Exhibit "A" define and
describe further and more specifically the allocation of the uses
anticipated within the Subdivision.
II.
CONSTRUCTION OF IMPROVEMENTS
A. Nature of Improvements. Owner hereby agrees to make
and install the improvements to be contained within the
development indicated on the Plat. The nature of such
improvements shall conform to the schedule entitled "Victoria
Square Subdivision Improvement Schedule" attached hereto and made
a part hereof as Exhibit "B" .
B. Construction Schedule. Owner anticipates that the
several components of the project will be constructed generally
in accordance with the following time frames:
Development Commencement Date Substantial Completion Date
Component (on or after) (on or after)
Houses on September 29, 1987 May 29, 1988
Lots 3 and 4
Four houses May 15, 1989 November 15, 1989
on Lots to
be determined
Two houses May 15, 1990 November 15, 1990
on Lots to
be determined
C. Engineering, Geology - Surface Concerns. Owner shall
construct curbs and gutters as required by the Construction and
Improvement Schedule, plus new sidewalks along the entire project
frontage on Seventh Street in accordance with the Landscape Plan
prepared_ by Wetzsteon Design Associates, a copy of which is
appended hereto and incorporated herein by reference, and
recorded as a part of the Plat, hereinafter referred to aS the
2
"Landscape Plan" .
D. Paving. Owner shall provide and install paving for
the alley in accordance with the Landscape-Site Plan attached
hereto and incorporated herein by reference as Sheet 5 of 5 and
referred to herein as Exhibit "C" . The west 30' of the alley
shall be paved with brick pavers and shall be maintained,
replaced and repaired from time to time by Owner. City shall not
be liable for any damage caused by snow removal or other
maintenance by City. A sign shall be posted at the west end of
the alley stating "Service Vehicles Only. No left turn" .
E. Drainage. There shall be an 8" culvert installed
under the alley at the Sixth Street entrance in the existing
ditch. The drainage runoff shall not exceed historic drainage
runoff. Owner shall make appropriate remedial measures if
drainage exceeds historic drainage runoff to install drywells to
accommodate such extra drainage.
F. Landscaping Plan. In accordance with Section 24-8. 16
of the Municipal Code, all landscaping shall substantially
conform to the "Landscape-Site Plan" attached hereto and
incorporated herein by this reference as Exhibit "C" showing the
extent and location of all plantings and other landscape
features, in appropriate relation to scale, species and size of
existing plantings, proposed treatment of all ground surfaces
( e.q. , paving, turf, gravel, etc. ), and a planting schedule with
names, sizes, quantities, and transplant information.
Landscaping will be completed in a logical phasing sequence
^ commensurate with the phasing of the improvements contemplated in
4,1;,Se �`+ the Hwel4)@meat---a1a'L--Constni e€t- Schedule:\ The Owner shall
coordinate construction of the Seventh Street berm and
landscaping with the City of Aspen Parks Director. Relocation of
trees shall be accomplished by professionals using techniques
acceptable to the Parks Director and shall only be moved after
five days' notice to Parks Director. When foundations are
located closer than three feet to the drip line of any trees,
excavation and mitigation shall be done with approval and
supervision of the Parks Director in order to provide for proper
cutting of roots and installation of moisture barrier. Any tree
that dies, due to its relocation or to excavation closer than 3
feet to the dripline within two (2) years of excavation shall be
replaced by the Owner with a new tree not less than one-half the
size of the original tree. Replacement shall be completed no
later than one year after discovery of death.
G. Vegetation of Disturbed Areas. Owner agrees, pur-
suant to the provisions of the Landscaping Plan that during the
course of construction any portions of the property which are
disturbed shall, as soon as practical, be landscaped in
accordance with the Landscaping Plan.
3
H. Utilities Underground. Owner shall extend ` the
primary wire on 6th Street at a location off the alley for a new
- 1 transformer, trench and pipe and wire, purchase the transformer,
and grant an easement to place the transformer on his property
according to the Electric Department standards. The applicant
shall also agree to pay for half of all primary installed
material used and pay at the time of and as a condition to / the
issuance of building permit for all secondary connectors used in
or on the transformer. All new utility systems constructed
within the Subdivision shall be underground.
I . Woodburning Devices. The installation and use of any
woodburning devices in the Subdivision will be in strict
accordance with the requirements of Ordinance 86-5 of the City of
Aspen, as in effect on the date of this agreement.
J. Environmental Health. The Owner agrees to comply
with the requirements of the Environmental Health Department with
regard to air pollution, noise abatement and contaminated soils
as set forth in Environmental Health Department Memo from Tom
Dunlop dated March 16, 1987, a copy of which is appended hereto
and incorporated herein by reference as Exhibit "D" .
K. Condominiumization. Owner shall comply with Section
20-22 of the Municipal Code for any units which are to be
condominiumized or shall not condominiumize such unit for a
period of eighteen ( 18 ) months after issuance of certificate of
occupancy.
Demolition. Owner agrees to demolish all existing
struck = on the property and to complete all berming and
landscaping on Seventh Street, sidewalks and curbing improvements
as shown on the Landscaping-Site Plan within twenty-four ( 24 )
months of the issuance of the first building ermit for the site. _
j y J ir„oi , 7l A 1 ,
M. Improvement District. In the event f that any
municipal improvement or improvements of a kind contemplated in ;, ,,„' r
Section 20-16 of the Municipal Code of the City of Aspen, as
amended, become, in the reasonable judgment or discretion of the
City Council of the City of Aspen, necessary or desirable to the -
area of the above described property, Owner will make no
unreasonable objection to any special assessment or special tax
or proceeding therefor on the basis that the property is
adequately served by existing improvements and/or on the basis
that the premises will not be served or benefited by the
improvement or improvements proposed. Owner further agrees to
join, upon the demand therefor by the City, any special -
improvement district and urban renewal district formed for
construction of such improvements (including, without limitation,
signage, drainage, undergound utilities, paved streets and
4
alleys, planting, curbs, gutters, sidewalks, street lights,
traffic circulation, trails, recreation facilities, parking,
etc. ), in the area of the above described property or to
reimburse the City of Aspen directly upon demand therefor if the
City should choose to construct these improvements without the
formation of such a district.
III
NON-COMPLIANCE AND REQUEST FOR AMENDMENTS
OR EXTENSIONS BY OWNER
n
, A. In the event the City determines that the Owner is
riot acting in substantial compliance with the terms of this
Agreement, the City may issue and serve upon the Owner a written
order specifying the alleged non-compliance and require the Owner
to cease and desist from such non-compliance and rectify the same
within such reasonable time as the City may determine and specify
in such order. Within twenty (20) days of the receipt of such
order, the Owner may file with the City a notice advising the
City that Owner is in compliance or a written petition requesting
a hearing to determine any one or both of the following matters:
(a) whether the alleged non-compliance exists or did
exist; or .N ':k"� c fie
of
(b) whether a variance, extension of time or
amendment to this Agreement sha be granted with respect to any
such non-compliance which is determined to exist.
Upon the receipt of such petition, the City shall
promptly schedule a hearing to consider the matters set forth in
the cease and desist order and in the petition. The hearing
shall be convened and conducted pursuant to the procedures
normally established by the City for other such hearings. If the
City determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such
compliance orders as may be lawful and appropriate; provided,
however, no order terminating any approval granted herein shall
be issued without a finding of the City Council that substantial
evidence warrants such action and affording the Owner a
reasonable time to remedy such non-compliance. A final
determination of non-compliance which has not been remedied or
for which no .variance has been granted may, at the option of the
City Council, and upon written notice to the Owner, terminate any
of the approvals contained herein which are reasonably related to
the requirements with which Owner has failed to comply.
Alternatively, the City Council may grant such variances,
extensions of time or amendments to this Agreement as it may deem
appropriate under the circumstances.
B. In addition to the foregoing, the Owner or hie
5
successors or assigns may, on his own initiative, petition the
City Council for a variance, an amendment to this Agreement or an
extension of one or more of the time periods required for
performance under the Construction Schedules or otherwise. The
City Council may grant such variances, amendments to this
Agreement, or extensions of time as it may deem appropriate under
the circumstances. The parties expressly acknowledge and agree
that the City Council shall not unreasonably refuse to extend the
time periods for performance indicated in one or more of the
Construction Schedules if Owner demonstrates by a preponderance
of the evidence that the reasons for the delay which necessitate
said extensions are beyond the control of the Owner, despite good
faith efforts on his part to perform in a timely manner. With
respect to the Victoria Square Subdivision Construction and
Improvements Schedule (Exhibit "B" ) , the Owner has made various
assumptions, which the City hereby acknowledges and accepts,
including the following:
( 1 ) Obtaining the appropriate construction financing
within one ( 1 ) year from the date of receiving all final
subdivision and P.U.D. approvals from the City;
(2 ) Completion in an expeditious manner of the
bidding, contractor selection, and implementation phases to meet
the dates indicated;
(3) Confirmation of the construction schedule by
selected contractors;
(4) Availability of the required labor and materials
during each phase;
( 5) Sale of residences at a rate that would permit
the phasing suggested in the Development and Construction
Schedule.
The City shall not refuse to extend the time periods
for performance indicated in the Development and Construction
Schedule or refuse to allow reasonable adjustments to the
Schedule or the specifications if the Owner demonstrates by a
preponderance of the evidence that the reasons for such extension
or said adjustments result from the failure of such assumptions,
unforeseeable circumstances, litigation, acts of God, or other
events beyond the control of the Owner despite good faith efforts
on his part to accomplish the same.
IV.
EASEMENTS, RIGHTS OF WAY, AND RELOCATIONS
Utilities and Drainage. There is hereby established and
dedicated for the benefit of the Public Utilities, and City
6
hereby accepts, necessary easements for the location,
installation and maintenance of utilities and the establishment
and maintenance of drainage, as such easements may be
specifically set forth on the Plat and Civil Engineering
drawings.
V.
ACCEPTANCE OF PLAT; RATIFICATION BY OWNER
Upon execution of this Agreement by all parties hereto,
the City agrees to approve and execute the Final Planned Unit
Development Plat for the Victoria Square Subdivision, and to
accept the same for recordation in the Recording Office of Pitkin
County, Colorado, upon payment of the recordation fee and costs
to the City by Owner. For his part, Owner hereby ratifies and
confirms each and every representation made in the application as
well as the representations and public dedication made and set
forth by Owner in said Plat.
•
VI .
OPEN SPACE AND COMMON AREA
MANAGEMENT, MAINTENANCE AND USE
The Plat designates a landscape berm along Seventh Street
and the alley shown on the Plat as an alley adjacent to the
separately designated Lots. Respective responsibilities, limi-
tations, covenants and agreements regarding the management,
maintenance and use of the berm and alley shall be as provided
below.
A. Common Area. The berm and alley, including brick
pavers, as described in this agreement and on the Plat shall be
maintained in common by the owners of all of the Lots.
Management and maintenance of the berm and alley shall be the
responsibility of a collective homeowners' association consisting
of the owners of all of the Lots, pursuant to provisions as shall
be set forth in recorded covenants providing for such policies
and procedures governing the use and maintenance of the berm and
alley. These covenants may provide for necessary budgets and
financial reserves to be assessed against homeowners' association
members, and shall insure permanently the fit and proper
maintenance, repair, replacement and enduring first rate safety
and quality of the berm and alley. Responsibility of the
homeowners' association in this respect may be contractually
delegated by it to a private property management company, to
independent contractors, or to a salaried employee of the
homeowners' association. The following shall, as well, apply to
the homeowners' association hereinabove referred to: -
( 1 ) Formation. The homeowners' association shall be
fully formed and established by the Owner prior to the sale of
7
any lots within the Subdivision and pursuant to applicable
statutes governing the formation of Colorado not-for-profit
homeowners ' associations.
( 2) Documentation. Operative documents for the
homeowners ' association shall include Articles of Incorporation,
By-Laws, and rules and regulations. The homeowners ' association
shall have the duty to enforce such protective covenants as will
be recorded by the Owner for the purpose of preserving the
architectural and aesthetic compatibility of the entire
development and its component features.
(3) Membership Mandatory. Membership in the home-
owners ' association shall be mandatory for each owner and shall
be automatic upon the recordation of any instrument transferring
a legal ownership interest (excluding standard security
interests ) in or to any of such lots.
(4 ) Assessments and Liens. The homeowners ' asso-
ciation shall have the power to levy assessments which will
become a lien on individual Lots for the purpose of paying the
cost of operating and maintaining common facilities.
( 5) Board of Managers. The board of managers of the
homeowners ' association shall consist of at least three (3 )
members who shall be owners within the development, after a
majority of the lots have been sold.
The Owner shall record covenants reflecting the above
described responsibilities, purposes and powers of the
homeowners' association. In the event the homeowners'
association (or any successor organization) shall at any time
fail to maintain the berm and alley in accordance with such
covenants, the procedures and the rights of the City more
particularly described in Section 24-8. 19(b) of the Aspen
Municipal Code, which is hereby incorporated by reference as if
set forth verbatim herein, shall then and thereupon go into
effect and apply. The Owner further acknowledges that the
procedure set forth in Section III, above, pertaining to the
procedure for default and amendment of this Agreement shall not
be required with respect to the enforcement and implementation of
common facilities maintenance as set forth and required by
Section 24-8. 19(b) .
VIII .
WATER AVAILABILITY
The City agrees, on approval of this Agreement and the
Plat, agrees through its water department, to continue to supply
water consistent with the proper servicing of the needs of the
improvements to be constructed in the Subdivision.
8
�, r a
Ix.
SEWER AVAILABILITY
The City agrees, upon approval of this Agreement and the
Plat by the Metropolitan Sanitation District, that sewer services
are satisfactory to City for the development shown on the Plat.
Owner agrees that if any existing sewer lines are to be abandoned
to physically disconnect such sewer line from the main in
accordance with City Water Department policy for the abandonment
of sewer lines.
X.
N
FINANCIAL ASSURANCES
Pursuant to Section 20-16(c) and Section 24-8. 16 of the
Aspen Municipal Code, Owner hereby agrees to provide a guaranty
in the sum of $58, 846.00, which sum represents the estimated cost
of 100% of the cost of paving the alley, curbing and sidewalk and
125% of that portion of the Landscaping Plan including the cost
of demolition for which the City, through the City Engineer, has
requested--financial assurance. That portion of the Landscaping
Plan for which financial assurance has been requested and which
hereby is agreed to be given is described in Exhibit "E" attached
hereto and made a part hereof. The guaranty to be provided by
Owner shall be in the form of an irrevocable letter of credit
from a responsible financial institution. Said guaranty shall be
delivered to the City prior to the issuance to Owner of a
building permit for the project, shall be in a form acceptable to
the City Attorney and the City Manager, and shall give the City
the unconditional right, upon default by the Owner, to withdraw
funds as necessary and upon demand to partially or fully complete
and pay for any of such improvements or pay any outstanding bills
for work done thereon by any party, with any excess guaranty
amount to be applied first to additional administrative or legal
costs associated with any such default and the repair of any
existing improvements damaged during the construction of new
improvements or deterioration in improvements already constructed
before the unused remainder ( if any) of such guaranty is released
to Owner. As portions of the required improvements are
completed, the City Engineer shall inspect them, and upon
approval and written acceptance, he shall authorize the release
from the guaranty delivered by Owner; PROVIDED, HOWEVER, that ten
percent ( 10%) of the estimated cost shall be withheld until all
proposed improvements are completed and approved by the City
s'
Engineer. s4
\ It is the express unders ,anding of the parties that the
\ procedure set forth in Section If pertaining to the procedure for
default and amendment of this Agreement shall not be required
with respect to the enforcement and implementation of financial
9
assurance and guaranties to be provided by Owner as set forth
above and required by Section 20-16(c) and 24-8. 16 of the Aspen
Municipal Code.
XI .
MISCELLANEOUS
A. The provisions hereof shall be binding upon and inure
to the benefit of the Owner and City and their respective
successors and assigns.
B. This Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado.
C. If any of the provisions of this Agreement or any
paragraph, sentence, clause, phrase, word, or section or the
application thereof in any circumstances is invalidated, such
invalidity shall not affect the validity of the remainder of this
Agreement, and the application of any such provision, paragraph,
sentence, clause, phrase, word, or section in any other
circumstance shall not be affected thereby.
D. This P.U.D. and Subdivision Agreement contains the
entire understanding between the parties herein with respect to
the transactions contemplated hereunder and may be altered or
amended from time to time only by written instruments executed by
all parties hereto.
E. Numerical and title headings contained in this
Agreement are for convenience only, and shall not be deemed
determinative of the substance contained herein. As used herein,
where the context requires, the use of the singular shall include
the plural and the use of any gender shall include all genders.
F. The parties agree that this P.U.D. and Subdivision
Agreement for the Subdivision shall be recorded by the City in
the Pitkin County, Colorado real property records.
G. Notices to be given to the parties to this Agreement
shall be considered to be given if delivered or if deposited in
the United States Mail to the parties by registered or certified,
return receipt requested, mail at the addresses indicated below,
or such other addresses as may be substituted upon written notice
by the parties or their successors or assigns:
CITY OF ASPEN OWNER: COPY TO:
City Manager C. M. Clark Douglas P. Allen
130 S. Galena Street P.O. Box 566 530 E. Main St.
Aspen, CO 81611 Aspen, CO 81612 Aspen, CO 81611
H. The terms, conditions, provisions and obligations
10
herein contained shall be deemed covenants that run with and
burden the real property more particularly described in Section I
hereof and any and all owners thereof, their successors, grantees
or assigns, and further shall inure to the benefit of and be
specifically enforceable by or against the parties hereto, their
successors, grantees or assigns.
I. Owner represents and warrants that he is the fee
title owner of the subject parcel with full authority to enter
into this agreement, and that any and all persons, firms or
entities having any lien, encumbrance or interest in the property
have consented to the dedications, restrictions and conditions of
approval set forth herein, and that the agreement shall not be
recorded in the Office of the Pitkin County Clerk and Recorder,
nor shall any of the approvals granted herein take effect without
the written consent (or subordination, if applicable ) of any such
persons, firms or entities.
J. Owner hereby ratifies and confirms each and every
representation made and set forth by owner in its application
dated May 6, 1986, and all written submittals and representations
made in connection therewith to the Planning and Zoning
Commission and City Council, which applications and
representations shall be deemed to be made a part of this
agreement and to be incorporated herein by this reference.
IN WITNESS WHEREOF, the parties hereto have signed on the
date indicated, in full understanding and agreement to the terms
and conditions hereof.
CITY OF ASPEN
a Colorado Municipal Corporation
By:
Kathryn S. Koch, City Clerk William Stirling, Mayor
C. M. Clark, Owner
APPROVED AS TO FORM:
City Attorney
11
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of , 1987, by William Stirling, as Mayor,
and Kathryn S. Koch, as City Clerk of the City of Aspen, a
Colorado municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of , 1987, by C. M. Clark.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
12
EXHIBIT "A"
SITE DATA TABULATION*
LOT NO. ACRES BLDG. FOOT PRINT
SQ. FT.
Lot 1 0.2066 3384
Lot 2 0. 1374 2250
Lot 3 0.1377 2256
Lot 4 0.1377 2256
Lot 5 0. 1377 2256
Lot 6 0.1377 2256
Lot 7 0. 1374 2250
Lot 8 0.2066 3384
*Site coverage of structures is limited to 37. 6% of each lot.
Landscaped area shall be not less than 54.0% of total lot area.
Landscaped area is defined as area open to the sky on the
property excluding the driveway and paved parking apron, but
including such site features as walkways, all yard and patios.
EXHIBIT "B"
CONSTRUCTION AND IMPROVEMENTS SCHEDULE
VICTORIA SQUARE SUBDIVISION J`3A"j
Schedule Date
Protect trees to be saved on lots on which
construction is started. 7 days prior to start
of construction
Start foundation on first 2 houses 9-29-87
Start foundation on next 4 houses 5-15-89
Start foundation on last 2 houses 5-15-90
Complete first 2 houses 5_29-88
Complete next 4 houses 11-15-89
Complete last 2 houses 11-15-90
Eg
Begin landscaping on first 2 houses -1-gam
Begin landscaping on next 4 houses 5-1-90
Begin landscaping on last 2 houses 5-1-91
14 8S
Complete landscaping around first 2 houses
Complete landscaping around next 4 houses 5-31-90
Complete landscaping around last 2 houses 5-31-91
Finish clean-up of site as each house is completed
Complete berming and landscaping on
7th Street, sidewalks, curbs and
gutters and demolition of all existing 24 months from issuance
structures. Planting of new trees in of 1st building permit
public right of way as shown on Plat
Sheet 3 of 5
EXHIBIT "C"
LANDSCAPE-SITE PLAN
(See Sheet 5 of 5)
EXHIBIT "D"
ASPEN*PITKIN
ENVIRONMENTAL HEALTH DEPART f l• , F n�\ •_• 1
MEMORANDUM
MAR I 8
To: Steve Burstein, Planning Office
From: Thomas S. Dunlop, Director 7513 )
Environmental Health Department
Date: March 16, 1987
Re: Agate Subdivision Preliminary Plat
This office has reviewed the above-mentioned submittal for the
following environmental concerns.
Air Pollution:
Demolition: The applicant will be asked to perform a survey of
the existing dwellings that are scheduled to be torn down to
determine if asbestos is present in any form in or on the
structures . If asbestos is found the product shall be sampled
and analyzed by qualified individuals with the laboratory report
being forwarded to this office for review. This process shall be
accomplished prior to any actual demolition.
Should asbestos prove to be present the applicant shall follow
the procedures for removal as outlined in Regulation 8, Section
II (B) 4 , titled Asbestos, Demolition and Renovation, of the
Colorado Air Quality Control Regulations and Ambient Air Quality
Standards. This shall include filing the Notice Of Intent as
described in Regulation 8 referred to above.
Construction: The applicant shall provide the means to monitor
and remove any dirt or mud carryout from the project onto City
streets or State highways. This shall involve daily monitoring
of the haul routes of equipment entering and leaving the site
during the demolition and construction period. Further, daily
removal of mud or dirt will be required with the dirt being
deposited back on the applicant' s property. Removal of mud and
dirt shall be accomplished with a mechanical sweeper that uses
water to minimize dust.
During actual construction the applicant shall provide an
approved means to control wind blown (fugitive) dust from leaving
the property should it become a problem. This may take the form
of watering, use of dust suppression chemicals, fencing the site,
shrouding the work area or any combination of the above.
The applicant shall file a fugitive dust control plan with this
office prior to construction. The applicant shall also submit an
Air Pollution Emission Notice and an Air Pollution Permit
application to the Colorado Health Department. The Colorado
Health Department will review the permit application and deter-
mine if a permit is actually needed. Should it be determined
that a permit is not needed the filing fee will be returned to
130 South Galena Street Aspen, Colorado 131611 303/925-2020
ASPEN4PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
Agate Subdivision Preliminary Plat
March 16, 1987
Page 2
the applicant. Send the information to: Colorado Health Depart-
ment, Mr. Scott Miller, 222 S. 6th Street, Room 232 , Grand
Junction, Colorado 81501.
The authority for the above request can be found in Regulation 3
of the Colorado Air Quality Control Regulations and Ambient Air
Quality Standards.
Solid Fuel Burning Devices: The total number of solid fuel
burning devices that will be installed in this project is not
known and is not mentioned in the submittal. The applicant will
have to comply with Ordinance 5 series 1986 commonly known as the
City Of Aspen Solid Fuel Burning Ordinance.
Noise Abatement:
The applicant will be required to comply with City Of Aspen
Ordinance 2 series 1981, titled Noise Abatement. All noise
related to demolition and construction activities will be covered
under the maximum decibel levels as directed by the ordinance.
Contaminated Soils:
If mine dumps, mine tailings or mine waste rock are uncovered
during the excavation phase of the project it will be the
responsibility of the applicant to have the material tested to
determine the heavy metal content of the sample. The test
results shall be submitted to this office for review prior to
removal of the soil from the site.
There is no actual requirement to force the applicant to perform
these tests. However, as the result of past involvement with
Federal legislation governing the handling and disposition of
mine waste, this department wants to have an accounting of all
"hazardous waste" should the Federal government decide they want
to become further involved in the Aspen area.
Sewage Disposal :
Service to this project by the Aspen Consolidated Sanitation
Districts public sewage collection system is in conformance with
policies of this office.
Water Supply:
Service to this project by the distribution lines as provided by
the City Of Aspen Water Department is in conformance with
policies of this office.
130 South Galena Street Aspen, Colorado 81911 303/925-2020
ASPEN+PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
Agate Subdivision Preliminary Plat
March 16, 1987
Page 3
General :
The applicant can visit this office to obtain copies of all
codes, rules and regulations or laws referred to in this review.
130 South Galena Street Aspen, Colorado 131611 303/925-2020
EXHIBIT "E"
LANDSCAPE DEVELOPMENT COST
Description Material & Labor Cost
Relocation of trees No. 5, 23,
24, 25, 26, 28, 29, 30 and 31.
Planting 9 Colorado Spruce 8 '
minimum height
Planting 8 cottonless robusta B & B
cottonwoods, minimum 4" diameter
caliper
Berm
Top Soil
Sod
Seed
Sprinkler, Irrigation system serving
berm along 7th Street
Extra Labor
Contract Total: $38, 000.00
INSTALLATION COST
Description Material & Labor Cost
1 . Alley Construction: $ 7, 126.00
2. Sidewalk, Bus Stop & Curbs: $ 3, 420.00
3. Culverting of Ditch - 6th Street: $ 800.00
Contract Total: $11,346.00
TOTAL: $49,346.00
PROTECTIVE COVENANTS FOR
VICTORIA SQUARE
WHEREAS, , ( "Declarant" ),
has caused Block 17 of the City and Townsite of Aspen, Pitkin
County, Colorado, to be subdivided into Victoria Square
Subdivision, ( "Subdivision" ) , which plat has been filed for
record in the real property records of Pitkin County, Colorado,
on , 1987 in Plat Book at Pages _ through
NOW, THEREFORE, , the owner
in fee simple of all of the lots included in the Subdivision as
so platted does hereby declare that all of the lots included
within Victoria Square Subdivision are and shall hereafter be
subject to all of the following covenants and conditions:
ARTICLE I - PURPOSE OF COVENANTS
1. General Requirements. It is the intention of
expressed by the execution of this
instrument, that the lots in Victoria Square Subdivision be
developed and maintained as a highly desirable residential area
with the purpose of these covenants being to maintain and protect
that purpose insofar as is possible in connection with both the
uses and the structures permitted in the Subdivision.
ARTICLE II - VICTORIA SQUARE HOMEOWNERS ASSOCIATION
1. Membership in Victoria Square Homeowners Association.
All persons or entities who hold fee title to any of the lots, or
in the case of Lots 1 and 5, to individual units in the two-
family dwellings, by whatever means acquired, shall automatically
be and shall be required to become members of Victoria Square
Homeowners Association, a Colorado corporation not for profit, in
accordance with the Articles of Incorporation of said Victoria
Square Homeowners Association.
ARTICLE IV - ARCHITECTURAL CONTROL COMMITTEE
1. Architectural Control Committee. The Architectural
Control Committee shall be the Declarant until all of the lots
have been sold and dwellings constructed and henceforth shall be
the Board of Trustees of Victoria Square Homeowners Association
as said board may, from time to time, be constituted. Said
Architectural Control Committee shall have and exercise all of
the powers, duties and responsibilities set out in this document.
2. Approval by Architectural Control Committee. No im-
provements of any kind, including but not limited to dwelling
houses, outbuildings, garages, swimming pools, fences, walls,
driveways, antennae, satellite dishes, flagpoles, curbs, and
sidewalks, shall ever be constructed or altered on any lots
within the Subdivision, nor may any substantial vegetation be
altered or destroyed non any significant landscaping performed on
any lot unless the -complete plans for such construction or
alteration or landscaping are approved in writing by the
Architectural Control Committee prior to the commencement of such
work. In the event the Architectural Control Committee fails to
1
take any action on a request for approval within sixty ( 60)
calendar days after complete plans for such work have been
submitted to the Architectural Control Committee, then such plans
shall be deemed to be approved. In the event the Architectural
Control Committee shall disapprove any plans, the person or
entity submitting such plans may appeal to the next annual or to
a special meeting of the members of Victoria Square Homeowners
Association, where a vote of at lease two-thirds of the votes
entitled to be cast at said meeting shall be required to change
the decision of the Architectural Control Committee.
3. The Architectural Control Committee shall exercise
its best judgment to insure that all improvements, construction,
landscaping and alterations on the lots within the Subdivision
are in harmony with existing structures and in accordance with
the guidelines for design attached hereto as Exhibit "A" .
4. Preliminary Approvals. Persons or entities who
anticipate constructing improvements on lots within the
Subdivision, whether they already own a lot or are contemplating
the purchase of such lot, may submit preliminary sketches of such
improvements to the Architectural Control Committee for informal
and preliminary approval or disapproval, but the Architectural
Control Committee shall never be finally bound by any preliminary
or informal approval or disapproval until such time as complete
plans are submitted and approved or disapproved.
5. Plans. The Architectural Control Committee shall
disapprove any plans submitted to it which are not sufficient for
it to have enough information in order to exercise the judgment
required of it by these covenants.
6. Architectural Control Committee Not Liable. The
Architectural Control Committee shall not be liable in damages to
any person or entity submitting any plans for approval, or to any
owner or owners of lots within the Subdivision by reason of any
action, failure to act, approval, disapproval, or failure to
approve or disapprove such plans. Any person or entity acquiring
title to any property in the Subdivision or any person or entity
submitting plans to the Architectural Control Committee for
approval, by the act in so doing agree and covenant that such
person or entity will not bring any action or suit to recover
damages against the Architectural Control Committee, its
individual members or its advisors, employees or agents.
7. Written Records. The Architectural Control Committee
shall keep intact for at least five ( 5) years complete permanent
written records of all applications for approval submitted to it,
including one set of the plans so submitted, and of all actions
of approval or disapproval and all other actions taken by the
Architectural Control Committee under the provisions of this
instrument.
ARTICLE V - GENERAL RESTRICTIONS OF ALL LOTS
1. Use. No lots within the Subdivision shall ever be
occupied or used for any structure or purpose or in any manner
which is contrary to the zoning regulations of Aspen, Pitkin
2
County, Colorado as they may be in force from time to time,
except as the same may be allowed under such regulations as a
non-conforming use or structure.
2. No Mining, Drilling, or Quarryin No
quarrying, tunnelling, excavating, or drilling for any substances
within the earth, including oil, gas, minerals, gravel, sand,
rock, and earth, shall ever be permitted within the limits the
Subdivision.
3. No Business Uses. No lands within the Subdivision
shall ever be occupied or used for any commercial or business
purpose nor for any noxious activity and nothing shall be done or
permitted to be done on any of said lots which is a nuisance or
might become a nuisance to the owner or owners of any of said
lots. No store, office or other place of commercial or
professional business of any kind shall ever be permitted within
the Subdivision.
4. Signs. No advertising signs, billboards, etc. , other
than a "For Sale" sign which shall not be larger than 20 X 26
inches in size shall ever be erected or permitted to remain on
any lot in the Subdivision.
5. Service Yards and Trash. All equipment, service
yards, woodpiles, rubbish and trash on any lot in the Subdivision
shall be screened by adequate planting or fencing so as to
conceal them from the view of neighboring lots as well as from
streets. No clothes lines or storage piles shall be permitted.
All rubbish and trash shall be kept in secure containers for
removal from the lot on a periodic basis either by regularly
scheduled trash removal or by the owner.
6. Underground Utility Lines. All water, gas, electric,
cable TV, and telephone pipes and lines as well as any other
utility pipes or lines within the Subdivision must be buried
underground and may not be carried above the surface of the
ground.
ARTICLE
1 . Action. The Architectural Control Committee shall
have the right to prosecute any action to enforce the provisions
of these covenants by injunctive relief or by other legal means
on behalf of the Committee and all or part of the owners of lots
within the Subdivision. In addition, each owner of a lot within
the Subdivision as well as the Homeowners Association shall have
the right to prosecute any action for injunctive relief or for
such other relief as may be appropriate by reason of any
violation of these covenants.
2. Limitations on Actions. In the event any
construction or alteration or landscaping work is commenced upon
any of the lots in the Subdivision in violation of these
covenants and no action is commenced within sixty ( 60) days after
the beginning of such construction to restrain such violation,
then injunctive or equitable relief shall be denied but an action
for damages shall still be available to any party aggrieved.
Said sixty (60) day limitation shall not apply to injunctive or
3
equitable relief against other violations of these covenants.
ARTICLE VII - GENERAL PROVISIONS
1 . Covenants. All of the covenants contained in this
document shall be a burden on the title to all of the lots in the
Subdivision and the benefits thereof shall inure to the benefit
of all of the owners of the lots in the Subdivision and shall run
with the title to the lots in the Subdivision.
2. Termination of Covenants. The covenants contained in
this instrument shall terminate upon the earlier of the following
to occur: ( 1 ) fifty ( 50) years after the date of execution of
this instrument, or (2) at the time of final dissolution of
Victoria Square Homeowners Association, or (3 ) twenty (20) years
and eleven ( 11 ) months after the death of the last of present
members of the City Council of the City of Aspen to die.
3. - Severability. Should any part or parts of this
document be declared invalid or unenforceable by any Court of
competent jurisdiction, such decision shall not affect the
validity of the remaining covenants contained herein.
4. Paragraph Headings. The paragraph headings in this
instrument are for convenience only and shall not be construed to
be a part of the covenants.
Signed , 1987.
4
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of 1987 by
WITNESS my hand and official seal.
My commission expires:
Notary Public
COVENANT.VSS
52187
5
INTRODUCTION
This guide has been prepared in order to communicate
those concepts which will promote design excellence as the
Victoria Square project is developed. It is prepared to express
the desire of both the developer and architect to appropriately
respond to community concerns inherent in designing this project.
Certainly this project will have an immediate favorable impact on
the neighborhood in which it is located. Quite likely it will be
studied in the future by others who are preparing to build homes
in Aspen. Our goal is that Victoria Square be perceived as an
expression of design worthy of emulation by those following in
our footsteps.
With that goal comes the responsibility of formulating,
and then adhering to, design guidelines that will achieve this
goal . We consider the formulation and presentation of design
guidelines to be imperative to achieving a consistently high
level of design quality. Although it is our intention to
complete this project, it is impossible to guarantee singular
involvement through completion. In recognition of the
possibility, however slim, that any one or all of the original
cast could change, we offer the following design guidelines to
promote continuity of our design concept. Within the framework
of these guidelines there is latitude for full expression of
creative ability as the architect responds to the needs, tastes
and individuality of potential owners while at the same time
conforming to and respecting historical precedent and the context
of the existing neighhorhood surrounding this project.
LANDSCAPING
In recognition of the traditional planting strip between
the street and sidewalk in many of Aspen's residential areas, all
existing trees within this strip shall be maintained.
Historically, this landscaping strip was serviced by a fairly
extensive system of irrigation ditches which, for all intents and
purposes, are no longer in use. Although many of these trees are
gone in the West End and there is only one remaining on this
site, we will add 8 new cottonwood trees.m
is a critical supplement to the finished environment however, pironmentandsc . an
excellent building design can look sterile or uninviting with no an
landscaping while even a mediocre design can be made attractive
with creative landscaping), we intend to supplement existing
trees with new trees and other forms of vegetation.
It is not feasible to select, schedule and locate
landscaping for the entire project at this time. Final
determination is dependent upon design development on the
individual lots. Criteria for ultimate development of the
landscaping plan are as follows:
1. Maintain, to the greatest possible degree, an
unbroken landscaping strip between street and
property lines.
2. Utilize landscaping as a means of visually
moderating the transition in scale between
vehicular/pedestrian traffic and the homes.
3. Utilize landscaping to promote a sense of
buildings-within-nature as opposed to nature-
attached-to-buildings.
4. Utilize a variety of species/sizes of land-
scaping to lend a compatible character to the
neighborhood.
5. Place particular emphasis on placement of
landscaping (plants, earth berms, retaining
walls, etc. ) to:
a. Screen parked cars from view.
b. Screen trash collection areas from view.
c. Emphasize views from the homes to the mountains.
d. Define primary paths of pedestrian entry to
the houses. -
During preliminary design I have placed particular
emphasis on retaining to the greatest extent feasible, all
landscaping on the site. Existing landscaping has been
supplemented by adding compatible and naturally-appearing
supplemental landscaping.
I have explored all possibilities for retaining every
tree. After having done so, however, it is my professional
opinion that tree #32 on Lot 4 must be relocated, if possible, or
replaced to accommodate architectural design requirements. The
combination of setback requirements, parking requirements and two
large trees in the center of the lot simply does not allow enough
space to generate a design solution that is either functionally
or aesthetically pleasing.
Realistically, relocation of a tree this size is
difficult. Therefore, I have shown replacement of tree #32 with
10 new Colorado blue spruce trees along Seventh Street and 13 new
cottonwood trees along Sleeker, Hallam and Sixth Streets. These
new trees, in combination with earth berms and existing and
relocated trees, will provide an attractive visual buffer between
the new Victoria Square buildings and the traffic flow on Seventh
Street. At the same time they will help cut down sound
transmission into the living units from traffic passing the site.
All new trees will be 3-1/2" minimum caliper.
Any existing trees/plants shown on the plan to be
relocated which do not survive the transplantation shall be
replaced with new trees/plants of the same species.
All new landscaping will be selected and placed only
after consulting with the City of Aspen Parks Department.
Please see the written specification Section 02110 - Site
Clearing attached to the back of these design guidelines. This
specification section will be made a part of the project manual
for each house.
BUILDING MATERIALS
In keeping with the desire to generate design solutions
consistent with historical context, materials similar in texture,
finish and scale to those presently found in existing historic
residences will be used. These will include painted wood siding
or masonry veneer on walls, masonry fireplaces and retaining
walls, wood window and door frames, and wood or earth-toned
asphalt roofing shingles. At no time will metal roofing be used.
Ornamental shingles, where used, shall be wood. Other special
siding may be used for decorative detailing but only selectively
and to a very limited extent. At no time will synthetic
materials such as aluminum or vinyl be used in a prominent way.
ROOFLINES
The greatest opportunity for establishing a design theme,
architectural character, and controlling and/or reducing apparent
building "mass" may be found in roof design. A talented
architect can visually generate many exterior forms from the same
floor plan. Setting interior considerations aside, the architect
could probably develop a colonial, a Spanish, a Victorian, a
Chinese or sea-ranch "look" all from virtually the same plan. Of
course, many elements combine to form the final design but the
primary element used to establish any of these styles is the roof
form.
Most historic residential buildings in Aspen are
characterized by steep roof pitches. The traditional roof slope
for a Victorian house is 12/12. We believe that repetition of
this precedent at the Victoria Square would help to promote a
strong sense of neighborhood continuity, especially due to the
prominence of the adjoining Stallard House.
Not only is this roof pitch traditional in nature, it is
a wonderful design tool when used to break up the mass of a
building. A roof design composed of a series of gables, dormers
or hipped mansards varying in height and direction breaks the
volume down to a more human scale and is much more visually
appealing than is a single roof plane sloped each way from a
center ridge line.
There is a paradoxical restriction, however, in Aspen
which limits implementation of the above. Many of the most
interesting houses in the historic districts exceed the 30-foot
ridge height restriction presently imposed. Even though they are
taller at some points than present code restrictions would allow
they "feel" considerably less massive than much of the recent
contemporary construction in Aspen. Obviously this is because a
combination or series of rooflines used to cover the building
plan, all sloping down quickly, will capture less visual and
actual volume than will a monolithic roof over the same plan even
if the more complicated roof is occasionally higher at the ridge
line.
Historically, Victorian homes had 10 foot ceilings.
Because it is not our intent to replicate exactly those Victorian
homes built many years ago, but to blend new ideas with the old,
I felt that 9 foot high ceilings were adequate. But even with
these lowered bearing heights, preliminary design has shown that
the 30-foot height allowed by Code is slightly under what I need
to maintain the traditional 12/12 roof pitch over a plan that
responds to the demands of a buyer of a contemporary house.
Today' s homeowner requires that the living/entertainment and
sleeping areas be at least slightly more generous than homes
built many years ago. This in turn mandates a ridge line of up
to 33 feet (refer to building section) .
I have explored many possible framing/roofing solutions
for the first two buildings at Victoria Square. The roof plans
and elevations submitted reflect my best effort to maintain the
integrity of the traditional 12/12 pitch. However, these
solutions exceed the maximum 30-foot height. Lot 5 would require
approximately a 32 ' maximum ridge height and Lot 1 would require
a 33 ' maximum ridge height. Because conformance to the 30-foot
height would require either a combination of roof slopes on the
same building or, more probably, a contemporary shed-roof design
of lower pitch, we are requesting a variance which would allow a
maximum 33' ridge height. Approval of this variance would allow
us to pursue a design theme much more in keeping with, and in
response to, traditional Victorian design directives.
We are requesting the variance only as it would apply to
sloped roofs. On any building partially covered by a flat roof,
that portion of the roof will conform to the existing maximum
height of 25 feet for flat or mansard roofs.
ORIENTATION, MASSING AND ORNAMENTATION
The homes will be largely designed with kitchen, dining,
living rooms and a master bedroom on the second floor. This will
ensure that all homes have unobstructed views toward the southern
mountains. This will also place those areas typically requiring
the most glazing in a position to best utilize the potential of
solar heat gain during winter months.
Care will be taken to coordinate design solutions on
adjacent lots so that one house will not encroach on the primary
viewlines of another. Also, massing of buildings will be
considered with an eye toward creating a pleasing three-
dimensional composition of interrelated forms rather than
considering each house to be a separate entity.
Facades within the project will be of similar sizes and
shapes and primarily oriented toward the street. Steep roof
pitches, vertically proportioned doors and windows and building
fronts with vertical emphasis may be used to maintain the feeling
of historic facades. The facades may be broken down into smaller
elements and the roof may step down in height as needed to
maintain the pedestrian scale associated with the typical West
End residential district.
Windows of vertical proportions with double-hung sash
will be the primary choice. In some instances vertically
proportioned windows will be paired. Windows of square
proportions may be used in dormers. Bay windows may be used to
create more interesting facades and picture windows without
sashes may be used to facilitate unobstructed views out of south-
facing living and dining rooms.
Ornamental detail will be used selectively as a means of
amplifying the connection to existing Victorian structures. Such
detailing will be used as a visual frame of reference to
traditional style and method of construction but will not be used
to the extent that we attempt to duplicate exactly the authentic
Victorian construction of a previous era. Our intent is to
create a pleasing harmony between new and old.
Color schemes will be traditional in nature, i.e. subdued
or earth-tone colors for main facades and roofs with contrasting
accent colors on trim work. Masonry will be left natural and
unpainted.
SITE COVERAGE
Because of design factors which will be controlled or
influenced by the ultimate decision on the requested height
variance for this project, the owner has not been able to
authorize design development on all the houses. Therefore I have
shown building envelopes only on Lots 2, 3, 6, 7 and 8.
Discussions with Planning Office following submittal of the site
plan has revealed the concern that approval of the plan as drawn
would leave the possibility open to construct a home utilizing
most or all of this envelope. If this were done, such a building
could cover 62. 5% of the lot, leaving only 37.5% of the land area
open.
In recognition of the validity of this concern, we
propose the following restriction, be placed, contingent upon
approval of the height variance request from 30 feet to 33 feet:
No building footprint on Lots 2, 3, 4, 6, 7
or 8 shall exceed 2, 250 square feet. This
will guarantee that no more that 37.6% of
the land area will be covered by building
and that the remaining 62.4% will be open.
II
-- PETER VAN DOM;IELEN '�
FIGEs
AaPEN :.u:Vfi'U(, rf311
July 16, 1987
1
City of Aspen HAND DELIVERY
130 So. Galena St.
Aspen, CO 81611
Attention: Mr. Fred Gannett
Deputy City Attorney
Re: Victoria Square Subdivision Improvements Agreement
Gentlemen:
Reference is made to Section X of the above-captioned
Subdivision Improvements Agreement wherein the Owner has
agreed to provide an irrevocable letter of credit to the
City in the amount of $58,846. 00.
The Victoria Square Subdivision was acquired by A. J. J.
Limited Partnership by Deed recorded July 2, 1987, a copy of
which is enclosed.
Pending delivery to you of the letter of credit provided for
in the Subdivision Improvements Agreement, a trust account
has been established at the Bank of Aspen under the name
"Peter Van Domelen, P.C. - A. J. J. Limited Partnership
Trust Account, " No. 9018-38-7, in the amount of $58,846.00.
A copy of the deposit receipt for this account is enclosed.
I am the only signatory on this Trust Account. I agree that
this Trust Account will be held for the sole benefit of the
City of Aspen pursuant to Paragraph X of the Subdivision
Improvements Agreement and that no funds will be withdrawn
therefrom without the prior written consent of the City.
It is my understanding that the establishment of this Trust
Account, pending delivery of said letter of credit, will
enable the City to issue the building permit(s) which have
been requested. It is my further understanding that this
Trust Account will be released at such time as the required
letter of credit is delivered to the City.
1
City of Aspen
Attention: Mr. Fred Gannett, Deputy City Attorney
Page 2
July 16 , 1987
If the foregoing correctly states our understanding and
meets with your approval, would you please indicate the same
by subscription hereunder and return a copy of this letter
to my offices.
Yours very truly,
Peter Van Domelen
Attorney for A. J. J. Limited Partnership
The foregoing is approved.
July , 1987. CITY OF ASPEN
By
Its
PVD:tu
Enclosures
•
DEPOSITED WITH '.... ....: ..->.
A The Bank of Aspen DOC
119 South Mill •Aspen, Colorado 81617 • (303)925-2500
DEPOSIT RECEIPT
All items received are credited to your account subject to final payment.
RETAIN this machine validated Receipt as it constitutes an OFFICIAL record of your transaction.
901818? A/N DDA
•
TAWII 126 **********8,944.00 UAL DDA RU604,87 12 D
The Bank symbol,transaction number,date and amount of your deposit are shown above.
•
s
•
MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, Jr. , City Manager
FROM: Steve Burstein kaZ
RE: Agate Court/Victorian Subdivision and PUD Final Plat
DATE: June 17 , 1987
Several Council members have requested that City Council conduct
a fast-track hearing of the Victorian Square (formerly Agate
Court) Final Plat application due to special problems the
applicant has with deadlines for closing land sale. Staff has
met with the applicant to go through our comments and suggested
changes based on Preliminary Plat approval . As requested, we
will be prepared to present the Final Plat to Council at a
meeting on June 29, 1987 .
The applicant and staff would like to have a short discussion
with Council on June 22 to resolve a few technical issues needing
your attention prior to Final Plat approval. Because of the
short timetable, no memoranda have been prepared by either the
applicant or staff for this discussion, and these matters will be
brought up verbally. If the discussion cannot be properly
accommodated in your schedule, those issues will be presented for
the June 29 meeting.
Recommended Motion: "Move to table action on the requested
Victorian Square Final Plat to June 29, 1987 . "
vicsqua
PETER VAN DOMELEN, P.C.
ATTORNEY AT LAW
315 E. HYMAN AVE.. ASPEN, CO 81 61 1
13031 925-81 66
August 4, 1987
Aspen Pitkin Regional Building Department Cml t 1, os. F '
Aspen, Colorado 1 '-C i
Attention: Mr. William L. Drueding 4f981 AUG
Re: Victoria Square Subdivision/P.U.D.
Park Dedication Fees
Dear Bill,
There is being submitted to you under separate cover, a
proposal with respect to the Park Dedication Fees for
subject project. This proposal will involve the
determination of the credits to be given for the existing
residential structures which will be demolished. A
preliminary review indicates that the credits will be
approximately equal to the proposed new construction.
Pending the resolution of this matter and in order to avoid
delay in the issuance of the requested Building Permits for
Lots 3 and 4 , the following is proposed as a temporary
measure:
1. The Park Dedication Fee for the construction of 5
bedroom residences on Lots 3 and 4 will be $4,472 . 00
for each Lot. The computation of this Park Dedication
Fee is set forth on the attached schedule.
2 . An escrow account under the name of "Peter Van Domelen,
P.C. - A. J. J. Limited Partnership Trust Account" No.
9018-38-7 has previously been established at the Bank
of Aspen pursuant to Letter Agreement of July 16 , 1987 ,
a copy of which is attached hereto.
3 . The further sum of $8, 944. 00 has been deposited in this
escrow account representing the Park Dedication Fees
for Lots 3 and 4. A copy of the deposit receipt is
enclosed. This further sum will be held in the escrow
account pending final resolution of the Park Dedication
Fee matter and will only be released therefrom upon the
written authorization of the City of Aspen.
4 . Based upon the foregoing arrangements for the Park
Dedication Fees for Lots 3 and 4, the Building Permits
for those Lots will be issued against payment of the
required Building Permit fees.
Aspen Pitkin Regional Building Department
Attention: Mr. William L. Drueding
Page 2
August 4, 1987
If the foregoing meets with your approval, would you
indicate the same by subscription hereunder and return a
copy of this letter to my offices.
Yours very truly,
A. J. J. LIMITED PARTNERSHIP
By ` • ua.+
Peter Van Domelen
Its Attorney
The foregoing is approved.
Dated: August , 1987 . CITY OF ASPEN
By
Its
PVD:tu
Enclosures
cc: Fred Gannett, Deputy City Attorney, w/encls.
Alan Richman, Planning Office, w/encls.
EXHIBIT "D"
ASPEN*PITKIN
ENVIRONMENTAL HEALTH DEPART -41 c i IN'
MEMORANDUM /
To: Steve Burstein, Planning Office
From: Thomas S. Dunlop, Director "j$L
Environmental Health Department
Date: March 16, 1987
Re: Agate Subdivision Preliminary Plat
This office has reviewed the above-mentioned submittal for the
following environmental concerns.
Air Pollution:
Demolition: The applicant will be asked to perform a survey of
the existing dwellings that are scheduled to be torn down to
determine if asbestos is present in any form in or on the
structures. If asbestos is found the product shall be sampled
and analyzed by qualified individuals with the laboratory report
being forwarded to this office for review. This process shall be
accomplished prior to any actual demolition.
Should asbestos prove to be present the applicant shall follow
the procedures for removal as outlined in Regulation 8, Section
II (B) 4 , titled Asbestos, Demolition and Renovation, of the
Colorado Air Quality Control Regulations and Ambient Air Quality
Standards. This shall include filing the Notice Of Intent as
described in Regulation 8 referred to above.
Construction: The applicant shall provide the means to monitor
and remove any dirt or mud carryout from the project onto City
streets or State highways. This shall involve daily monitoring
of the haul routes of equipment entering and leaving the site
during the demolition and construction period. Further, daily
removal of mud or dirt will be required with the dirt being
deposited back on the applicant' s property. Removal of mud and
dirt shall be accomplished with a mechanical sweeper that uses
water to minimize dust.
During actual construction the applicant shall provide an
approved means to control wind blown (fugitive) dust from leaving
the property should it become a problem. This may take the form
of watering, use of dust suppression chemicals, fencing the site,
shrouding the work area or any combination of the above.
The applicant shall file a fugitive dust control plan with this
office prior to construction. The applicant shall also submit an
Air Pollution Emission Notice and an Air Pollution Permit
application to the Colorado Health Department. The Colorado
Health Department will review the permit application and deter-
mine if a permit is actually needed. Should it be determined
that a permit is not needed the filing fee will be returned to
130 South Galena Street Aspen, Colorado 131611 303/925-2020
ASPEN+PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
Agate Subdivision Preliminary Plat
March 16, 1987
Page 2
the applicant. Send the information to: Colorado Health Depart-
ment, Mr. Scott Miller, 222 S . 6th Street, Room 232 , Grand
Junction, Colorado 81501.
The authority for the above request can be found in Regulation 3
of the Colorado Air Quality Control Regulations and Ambient Air
Quality Standards.
Solid Fuel Burning Devices: The total number of solid fuel
burning devices that will be installed in this project is not
known and is not mentioned in the submittal . The applicant will
have to comply with Ordinance 5 series 1986 commonly known as the
City Of Aspen Solid Fuel Burning Ordinance.
Noise Abatement:
The applicant will be required to comply with City Of Aspen
Ordinance 2 series 1981, titled Noise Abatement. All noise
related to demolition and construction activities will be covered
under the maximum decibel levels as directed by the ordinance.
Contaminated Soils :
If mine dumps, mine tailings or mine waste rock are uncovered
during the excavation phase of the project it will be the
responsibility of the applicant to have the material tested to
determine the heavy metal content of the sample. The test
results shall be submitted to this office for review prior to
removal of the soil from the site.
There is no actual requirement to force the applicant to perform
these tests. However, as the result of past involvement with
Federal legislation governing the handling and disposition of
mine waste, this department wants to have an accounting of all
"hazardous waste" should the Federal government decide they want
to become further involved in the Aspen area .
Sewage Disposal :
Service to this project by the Aspen Consolidated Sanitation
Districts public sewage collection system is in conformance with
policies of this office.
Water Supply:
Service to this project by the distribution lines as provided by
the City Of Aspen Water Department is in conformance with
policies of this office.
130 South Galena Street Aspen, Colorado 81611 303/925-2020
ASPEN*PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
Agate Subdivision Preliminary Plat
March 16, 1987
Page 3
General :
The applicant can visit this office to obtain copies of all
codes, rules and regulations or laws referred to in this review.
130 South Galena Street Aspen, Colorado 81691 303/925-2020
EXHIBIT "E"
LANDSCAPE DEVELOPMENT COST
Description Material & Labor Cost
Relocation of trees No. 5, 23,
24, 25, 26, 28, 29, 30 and 31.
Planting 9 Colorado Spruce 8 '
minimum height
Planting 8 cottonless robusta B & B
cottonwoods, minimum 4" diameter
caliper
Berm
Top Soil
Sod
Seed
Sprinkler, Irrigation system serving
berm along 7th Street
Extra Labor
Contract Total: $38,000.00
INSTALLATION COST
Description Material & Labor Cost
1 . Alley Construction: $ 7, 126.00
2 . Sidewalk, Bus Stop & Curbs: $ 3, 420.00
3 . Culverting of Ditch - 6th Street: $ 800.00
Contract Total : $11, 346 .00
TOTAL: $49, 346. 00
•
Fc
it
I'h,t * 22 I=7� �
REVISED MEMORANDUM
TO: Steve Burstein, Planning Office
/
FROM: Douglas P. Alle „/%
RE: \ Conditions of Agate 'efurt Preliminary Subdivision/
PUD Approval by P & Z on April 21, 1987
DATE: r‘May 22, 1987
This Memorandum is amended in accordance with meeting of April
29, 1987 to include Steve Burstein' s comments and requested
changes. \ 77 113 �'eiv? (�
1 ) A finar plat shall be recorded with the Pitkin County
Clerk and Recorder' s Office meeting the requirements of Section
20-15 and Section 24-8. 12 of the Municipal Code, including names
and addresses of adjacent property owners, landscaping plan, and
elevations of the duplex structures on lots 1 and 5.
2 ) A subdivision and PUD agreement shall be recorded
with the Pitkin County Clerk and Recorder' s Office as meets the
requirements as to form of the City Attorney prior to recordation
of the plat.
3) On the final plat, the following items shall be
shown:
a. Building envelopes describing the outer
possible location of footprints on lots 2, 3, 4, 6, 7 and 8 shall
be shown on the final plat no closer than the driplines of
significant trees that remain in their present locations. Tree
#27 on lot 2 shall also be retained in its present location,
having a drip line approximately 15 feet around its trunk.
b. The 7th Street sidewalk shall be shown to jog
at least six feet to the west of the trunk of trees #4 and #5,
requiring a minor reconfiguration of the landscape berm.
c. The landscape berm along 7th Street shall not
exceed 6 feet in height.
d. The alley entrance onto 7th Street shall be
narrowed to paving width not to exceed 14 feet. Signs shall be
posted stating "For Service Vehicles Only. No Left Turn" . The
alley extension shall be surfaced with pavers.
e. A bus stop area, bus stop and curb cut shall
1
•
be provided as meets RFTA' s requirements.
f. The height restriction of 25 ' shall be
allowed to vary to a maximum of 28 ' , for roofs having pitches of
12/12 or more steep, according to the calculation of height in
Section 24-3.7(g) of the Municipal Code. Where the height
variance is utilized the length of the ridge which exceeds the
Code height shall ( i) not exceed 30% of the total of the ridges
for the house including the longest dimension as measured along
the perimeter of each flat rood ic end (2) where the ridge height
r
`t variance is utilized, an equal`',length of ridge shall be included
in the design at a height that' is an equal amount less than the
amount by which any ridge exceeds the Code height limitation.
All other uses and bulk requirements in Section 24-3.4 and
parking requirements in Section 24-4 shall be adhered to.
, 7 _fi g. Site coverage of structures shall be limited
$ of each lot; as approved by the Building Department
prior to issuance of building permits for individual lots. This
site data shall be stated on the plat and in the subdivision/PUD
agreement.
4 ) Within the Subdivision/PUD agreement the following
items shall be addressed:
a. The applicant shall agree to follow the
requirements of the Environmental Health Department with regard
to air pollution, noise abatement, and contaminated soils as
stated in Tom Dunlop' s memorandum of March 16, 1987.
b. The applicant shall agree to physically
disconnect any old water sewer line from the main, in accordance
with the City Water Department' s policy for the abandonment of
old sewer lines if new lines are to be installed or existing
lines to be abandoned.
c. The applicant shall agree to extend the
primary wire on 6th Street at a location off the alley for a new
transformer, trench and pipe the wire, buy the transformer, and
grant an easement to place the transformer on his property
according to the Electric Department standards. The applicant
shall also agree to pay for half of all primary installed
material used and pay for all secondary connectors used in or on
the transformer. (Applicant may request City Council to change
condition of approval requiring applicant to be responsible for
the costs of transformer, secondary and one-half of primary. )
d. The applicant shall agree to joining any
Special Improvement District formed in the future that effects
this property, to be binding upon all future owners.
2
e. The applicant shall demonstrate compliance
with Section 20-22 for any units which are to be condominiumized,
or shall agree not to condominiumize any unit for a period of 18
months after its occupancy.
f. The applicant or homeowners association shall
be responsible for the maintenance of the paved alley which
provides access to all of the homes on the block.
g. All other key representations in the
preliminary subdivision and conceptual subdivision application
shall be explicitly stated in the subdivision/PUD Agreement.
h. The applicant shall coordinate landscaping of
the 7th Street berm and landscape area with the City of Aspen
Parks Director. Relocation of all trees shall be accomplished by
professionals using techniques acceptable to the Parks Director,
and shall only be excavated and moved after the Parks Director
has given approval . When foundations are located closer than 3'
to the drip line of any trees, excavation and mitigation shall be
done with approval and supervision of Parks Director in order to
provide for proper cutting of roots and installation of moisture
barrier.
i. A subdivision/PUD Improvements Agreement and
guai'antee shall be prepared prior to final plat submittal meeting
the requirements of Section 20-16 and 24-8. 16, meeting the
requirements of the City Engineer and City Attorney, and
including but not limited to the following improvements
represented in the application:
1 . Relocation of 9 trees ( identified as
#5, #23, #24, #25, #26, #28, #29, #30 and #31 ) ;
2. Planting 9 new Colorado spruce trees,
8 ' minimum height;
3. Planting 8 new cottonless robusta B&B
cottonwoods, minimum 4" diamater caliper;
4. Berm along 7th Street with grass and
irrigation system;
5. Continuous curbs around the perimeter
of the property except where the 6th Street alley entrance is
located;
6. Pavement of alley;
7. Sidewalk along 7th Street;
3
8 . Culverting of ditch on 6th as
determined by the applicant to be necessary;
9. Bus stop.
j . The applicant shall submit a detailed
schedule of demolition, completion of landscape improvements and
completion of construction prior to submittal of final plat.
Included within this schedule shall be an agreement by the
applicant to demolish all structures on the property and complete
all 7th Street landscaping, sidewalks and curbing improvements
within 24 months of the issuance of the first building permit and
shall guarantee the performance of such to the City.
4
DRAnn
MEMORANDUM
TO: Steve Burstein, Planning Office
FROM: Douglas P. Allen
RE: Conditions of Agate Court Preliminary Subdivision/
PUD Approval by P & Z on April 21, 1987
DATE: April 23, 1987
1 ) A final plat shall be recorded with the Pitkin County
Clerk and Recorder' s Office meeting the requirements of Section
20-15 and Section 24-8. 12 of the Municipal Code, including names
and addresses of adjacent property owners, landscaping plan, and
elevations of the duplex structures on lots 1 and 5.
2 ) A subdivision and PUD agreement shall be recorded
with the Pitkin County Clerk and Recorder' s Office as meets the
requirements as to form of the City Attorney prior to recordation
of the plat.
3 ) On the final plat, the following items shall be
shown:
a. Building envelopes describing the outer
possible location of footprints on lots 2, 3, 4, 6, 7 and 8 shall
be shown on the final plat no closer than the driplines of
significant trees that remain in their present locations. Tree
#27 on lot 2 shall also be retained in its present location,
having a drip line approximately 15 feet around its trunk.
b. The 7th Street sidewalk shall be shown to jog
at least six feet to the west of the trunk of trees #4 and #5,
requiring a minor reconfiguration of the landscape berm.
c. The landscape berm along 7th Street shall not
exceed 6 feet in height.
d. The alley entrance onto 7th Street shall be
narrowed to paving width not to exceed 14 feet. S;yas{1.11 b. e014
1+4-1-;.,'fa- srv✓iv v-c L v:ly ,n4 OD I'4'1 4v.n: T4t „Iles eit„+;'+ 54,4 it f✓.fi.4 wrW4 prey r:Pk,
e. A bus stop area, bus stop and curb cut shall
be provided as meets RFTA' s requirements.
f. The height restriction of 25 ' shall be
allowed to vary to a m,x ipnum of 28 ' , for roofs having pitches of
12/12 or more steel:44 tI4e` calculation of height in Section 24-
3. 7(g) of the Municipal Code. This height restriction shall only
be allowed on lots 1, 3, 4 and 5. Where the height variance is
utilized the length of the ridge which exceeds the Code height
shall ( i) not exceed 30% of the total of the ridges for the house
i;n .or
" �� �'
f
1 h
104"-P'fa i.Id0.tjrio"' r4e*4f1At roof Dr�rC�1'ar
including the longestgd• •• - - - • o any and (2) where
the ridge height variance is utilized, an equalj4ength of ridge
shall be included in the design at a height that is an equal
amount less than the amount by which any ridge exceeds the Code
height limitation. All other uses and bulk requirements in
Section 24-3.4 and parking requirements in Section 24-4 shall be
adhered to.
g. Site coverage of structures shall be limited
to 37. 6% of each lot, and landscaped area shall be a minimum of
54% of each lot, as approved by the Building Department prior to
issuance of building permits for individual lots. This site data
shall be stated on the plat and in the subdivision/PUD agreement.
4) Within the Subdivision/PUD agreement the following
items shall be addressed:
a. The applicant shall agree to follow the
requirements of the Environmental Health Department with regard
to air pollution, noise abatement, and contaminated soils as
stated in Tom Dunlop's memorandum of March 16, 1987.
b. The applicant shall agree to physically
disconnect any old water sewer line from the main, in accordance
with the City Water Department' s policy for the abandonment of
old sewer lines if new lines are to be installed or existing
lines to be abandoned.
c. The applicant shall agree to extend the
primary wire on 6th Street at a location of[ , je alley for a new
,
transformer, trench and pipe the wire rand "grant an easement to
place the transformer on his property according to the Electric
Department standards. The applicant shall also agree to pay for
half of all primary installed material used and pay for all
secondary connectors used in or on the transformer.
d. The applicant shall agree to joining any
Special Improvement District formed in the future that effects
this property, to be binding upon all future owners.
e. The applicant shall demonstrate compliance
with Section 20-22 for any units which are to be condominiumized,
or shall agree not to condominiumize any unit for a period of 18
months after its occupancy.
f. The applicant or homeowners association shall
be responsible for the maintenance of the paved alley which
provides access to all of the homes on the block.
g. All other key representations in the
preliminary subdivision and conceptual subdivision application
shall be explicitly stated in the subdivision/PUD Agreement.
h. The applicant shall coordinate landscaping of
the 7th Street berm and landscape area with the City of Aspen
Parks Director. Relocation of all trees shall be accomplished by
professionals using techniques acceptable to the Parks Director,
and shall only be excavated and moved after the Parks Director
Chas given approval, WhoJ �c�sla+e lonwfa •�*� c�nfl.I jJ 4+6J,77,;elh'I'J1/(q�,1,e..�fl 4h.
11111✓111i I-4,6;001A L, v1 'tv Yleott/f.(i.. 44MI J.r 4/r�/��1 t""
J IV/VI/✓ W.'14(eJr+'11•P14 "-1
i. A subdivision/PUD Improvements Agreement and u,;4, 0,4
guarantee shall be prepared prior to final plat submittal meeting
the requirements of Section 20-16 and 24-8. 16, meeting the r+n 1) /
requirements of the City Engineer and City Attorney, and / -
including but not limited to the following improvements
represented in the application:
1 . Relocation of 9 trees (identified as
#5, #23, #24, #25, #26, #28, #29, #30 and #31 ) ;
2. Planting 9 new Colorado spruce trees,
8 ' minimum height;
3. Planting 8 new cottonless robusta B&B
cottonwoods, minimum 4" diamater caliper;
4. Berm along 7th Street with grass and
irrigation system;
5. Continuous curbs around the perimeter
of the property except where the 6th Street alley entrance is
located;
6. Pavement of alley;
7. Sidewalk along 7th Street;
8. Culverting of ditch on 6th as
determined by the applicant to be necessary;
9. Bus stop.
j . The applicant shall submit a detailed
schedule of demolition, completion of landscape improvements and
completion of construction prior to submittal of final plat.
Included within this schedule shall be an agreement by the
applicant to demolish all structures on the property and complete
all 7th Street landscaping, sidewalks and curbing improvements
within 24 months of the issuance of the first building permit and
shall guarantee the performance of such to the City.
cotinpahgic Payms, I.
' We farm t}ie Earth
21266 Jncompa.gle Rd.
Mca Code JOJ P Boa)758
249,8106 Monboce.Cdaedo 61402
•
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Vic-T-00-1W Sq‘,kA-12G PPajsc I As PEN , 0o .
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(Vtovi l.S4 71 -ZEES PL,4 NTI n! IJ Elk) Esc 1 ECT,
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RESPECT Fuu_y 4
JAMES S. BikiWAM
•
MEMORANDUM
TO: City Attorney
City Engineer
City Electric
Parks Department
FROM: Steve Burstein, Planning Office
RE: Agate Court/Victoria Square Subdivision Final/Plat
DATE: June 11, 1987
Attached for your review and comments is an application submitted
by Doug Allen on behalf of his client C.M. Clark requesting
Subdivision/Final Plat approval to demolish the existing struc-
ture and re-create an 8 lot subdivision, 6 of which are single-
family and the remaining 2 duplexes. The property is situated
at Block 17, Aspen Townsite, City of Aspen.
Due to the quick turnaround of this particular project, there
will be a meeting held on Tuesday, June 16, 1987 from 10:00 A.M.
to 12:00 in the Old City Council Chambers, 2nd Floor of City Hall
with the referral agencies, at which time your comments must be
ready for review. (Parks and Electric Departments may make
verbal comments to me on or before the 16th and will not have to
attend meeting) .
Thank you for your cooperation to this matter.
,WGLTo-saver ai—/Let 58& ease Aced
ntren,
(903) ------
June 9, 1987
Mr. Steve Burstein
City of Aspen Planning Office
130 South Galena
Aspen, CO 81611
Re: Victoria Square Subdivision/P.U.D. Final Plat
( formerly Agate Court Subdivision/P.U.D. )
Dear Steve:
The purpose of this letter is to consolidate all responses into
one letter replacing our previous letter of June 4, 1987 to you,
in order to address both your concerns expressed in your letter
of May 28, 1987 and our discussions subsequent to that date as
follows:
1. The applicant has determined that due to design
considerations it will not be necessary to utilize the height
restriction variance granted by the Planning and Zoning Comission
on April 21, 1987 . The duplex elevations previously submitted as
Plat Sheets 4 and 5 of 5 reflect heights which do comply with the
existing Code height restriction of 30 feet. The decision to not
utilize the height restriction variance at this time is not, and
should not be considered, a waiver of the right to exercise the
variance.
2. The final plat map on which the plat notes have been
printed in typewritten form is Plat Sheet 1 of 5 which you
presently have.
3. Paragraph "F" of the improvements agreement has been
revised to contain an additional paragraph including the verbatim
language from P & Z Condition 4(h) , pertaining to foundation
construction techniques as related to tree "driplines" .
4. Section II, paragraph "L" , of the improvements
agreement provides as required by P & Z Condition 4(j ) for
demolition of all existing structures and completion of
landscaping as provided therein within twenty-four ( 24 ) months of
the issuance of the first building permit.
Just as the construction schedule at Section II,
paragraph "B" states that the owner and City acknowledge that
exact construction schedules cannot be submitted at this time, it
is not possible to submit a detailed demolition schedule at this
time. However, it is the intention of the owner to apply for the
Ye/we/teat/(303) 925--1390e
Mr. Steve Burstein
Re: Victoria Square Subdivision/P.U.D. Final Plat
June 9, 1987
Page Two
first two building permits within thirty (30 ) days of final plat
approval. The demolition agreement together with the
construction schedule as contained in the improvements agreement
is consistent with the Planning and Zoning Commission's
recommendations and conditions which were made following a
discussion of the necessity to maintain the property as income-
producing.
Section X, Financial Assurances, provides a
performance guarantee in the form of an irrecovable letter of
credit in the amount of $58, 846. 00 ( estimated landscaping and
paving costs) , of which $47, 500.00 is for 125% of the landscaping
cost and $11, 346.00 is for 100% of the cost of sidewalks, curbing
and paving of the alley, to be provided to the City prior to the
issuance of any building permits.
5 . The cost of the proposed improvements ( landscaping,
sidewalks, curbing and paving) is estimated at $49, 346.00. The
cost of demolition per the estimates obtained from Woodcrest
Services is $0.00. This is due to the fact that demolition,
whether performed for the applicant or, (should it be necessary) ,
for the City, has been agreed to be performed in exchange for the
salvage of materials and/or buildings. This performance
guarantee is encompassed in Section II .L. and will be guaranteed
by the letter of credit.
6. The design guidelines are included in the protective
covenants which were previously submitted.
7. Although we have provided in the P.U.D. Agreement in
paragraph II.H. the conditions of approval regarding electrical
service as stated by the Planning and Zoning Commission, we will
be requesting at the Council meeting that the applicant not be
"double-dipped" for the cost of undergrounding. In other words,
the applicant has already borne the cost of undergrounding for
the 24 existing units ( as have other property owners in the West
End) and should not be charged twice for these improvements.
I believe this addresses all of the presently stated concerns of
the Planning Office concerning the final plat. If you have any
questions or need further clarification, please call me.
• •• ally,
Dougla P. Allen
DPA/ m
Enclosures
cc: C. M. Clark
goi � e ,914/4e P4.
.nr.e 5C70 � d A cdSh
%tett, - 6/6WW
694 in crow
June 4, 1987
HAND DELIVERED
Mr. Stephen Burstein
Aspen/Pitkin Planning Planning Office
130 South Galena St.
Aspen, CO 81611
Re: Victoria Square Subdivision/P.U.D. Final Plat
( formerly Agate Court Subdivision/P.U.D. )
Dear Steve:
This letter will respond to and address, in order, the concerns
raised in your letter of May 28, 1987, to Doug Allen:
1 . The applicant has determined that due to design
considerations it will not be necessary to utilize the height
restriction variance granted by the Planning and Zoning
Commission April 21, 1987. The duplex elevations submitted with
this letter comply with the existing Code height restriction.
The decision to not utilize the height restriction variance at
this time is not, and should not be considered, a waivor of the
right to exercise the variance.
2. Also submitted with this letter is the final plat map on
which the "plat notes" have been printed in typewritten form.
3. Paragraph "F" of the improvements agreements has been
revised to contain an additional paragraph to include the
language from Condition 4.h. , pertaining to foundation
construction techniques as related to tree "driplines" .
4. Section II, paragraph "L" , of the improvements agreement
provides for demolition of all existing structures and completion
of landscaping as provided therein within twenty-four ( 24) months
of the issuance of the first building permit.
Just as the construction schedule at Section II,
paragraph "B" states that the owner and City acknowledge that
exact construction schedules cannot be submitted at this time, it
is not possible to submit a detailed demolition schedule at this
time. However, it is the intention of the owner to apply for the
first two building permits within thirty (30) days of final plat
approval . The demolition agreement together with the
construction schedule as contained in the improvements agreement
is consistent with the Planning and Zoning Commission' s
recommendations and conditions which were made following a
Yei,(6co/+i«,,j 69499 .91"5-9�996e
discussion of the necessity to maintain the property as income-
producing.
Section X, Financial Assurances, provides a performance
guarantee in the form of an irrevocable letter of credit in the
amount of $46, 000.00 (estimated landscaping and paving costs ) ,
to be provided to the City prior to the issuance of any building
permits.
5. The costs of the proposed improvements ( landscaping and
paving) is estimated at $46, 000. 00. The estimated cost of
demolition is $0.00. This is due to the fact that demolition
will be performed in exchange for materials and/or structures.
Again, the performance guarantee is contained at Section II, L,
as well as with the letter of credit.
6 . The design guidelines have been submitted as part of the
protective covenants.
I hope this letter has addressed your concerns. Should you have
any questions or desire further clarification of any issues
please do not hesitate to contact me.
Sincerely,
LAW OFFICES OF DOUGLAS P. ALLEN
by: ( n
David B. Her ngton
DBH/s
enclosures
ezerYaet <9r S en de tw .
at cfeW e9addiata cinej, 3Le5goit
. cP/6W
(303) 925 dt00
May 19, 1987 I I';a L R `
Mr. Steve Burstein �E W1 Y O 1987
City of Aspen Planning Office 111;\ ; 17
130 South Galena Hi3'
Aspen, CO 81611
— --
Re: Victoria Square Subdivision (Formerly
Agate Court Subdivision)
Dear Steve:
In connection with the final plat of the above subdivision I
enclose the following:
1 . My check in the amount of $900.00 for the
application fee.
2. P.U.D. and Subdivision Improvements Agreement
for Victoria Square Subdivision.
3. The 5-page final plat for the Subdivision.
These comply with Section 20 ( Subdivision) as well as Section 24-
8. 12 (P.U.D. ) . I would appreciate having this processed so that
we may have a hearing before Council at the June 8, 1987 meeting
as both the lender' s loan commitment and the timing for
construction to commence this summer are critical to my client.
If there is anything I can do to expedite and assist in achieving
that specific hearing date, please let me know.
' "CY
you• .s len
DPA/pkm
Enclosures
cc: C. M. Clark
Ye/649,4,4c/(303 925-9394
ASPEN/PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, CO 81611
(303) 925-2020
Date : IH4i Z!, i42 I
RE: V T prI wM S,.,4(t 1 f0«'•1) A,y1t) city,' 6,14-
Dear DO,/ AI ii.
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have determined
that your application IS NOT complete.
Additional items required include:
Disclosure of Ownership (one oo py only needed)
, Adjacent Property Owners List/Envelopes/Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica-
tion
Response to list of items (attached/below ) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
A. Your application is complete and we have scheduled it for
review by the on We will
call you if we need any additional information prior to that
date. Several days prior to your hearing, we will call and
make available a copy of the memorandum.. Please note that it
IS NOT your responsibility to post your property with a
sign, which we can provide you for a $3 .00 fee.
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on the next available agenda.
t6Lilitacru� +cahalf �Yl
If you have any questions, please call
StCY d h
the planner assigned to your case.
Sincerely,
ASPEN/PITRIN PLANNING OFFICE
a
Aspen /Pitkin Planning Office
130 south galena street
aspen , colorado 81611
May 28 , 1987
Mr. Douglas P. Allen
Courthouse Plaza Bldg.
530 E. Main St. -
Aspen, CO 81611
Re: Victorian Square Subdivision/PUD Final Plat (formerly Agate
Court Subdivision/PUD)
Dear Doug,
This letter is to inform you that the Victorian Square Subdivis-
ion/PUD final plat is incomplete. We are requesting the follow-
ing information and clarifications before this case can be
scheduled before City Council:
1 . Elevations for the duplexes on Lots 1 and 5 do not comply
with Condition 3 (f) of the Planning and Zoning Commission's
preliminary plat approval (approved on April 21, 1987) . A set of
elevations, demonstrating compliance with this condition, should
be submitted. Additionally, a statement of the height restric-
tion for the project should be stated on the plat.
2 . Those scribbled notes called "plat notes" are confusing and
appear to contradict the preliminary plat approval. The seven
(7) sections of Condition 3 should be clearly stated as approved.
3 . At our pre-application meeting of April 29, I believe it was
agreed that Condition 4.h. , as it pertains to the design and
construction techniques of foundations when within proximity of
the "driplines" of trees, would be further detailed and clarified
in the final plat and improvements agreement. Paragraph F. of
Chapter II. Construction of Improvements (last sentence) should
be rewritten to better address this matter.
4 . No detailed schedule of demolition, agreement by the appli-
cant to demolish all structures, and guarantee for perform-
ance of such to the City have been provided in your Improvements
Agreement, as meets Condition 4 (j) . This should be addressed.
Mr. . Douglas P. Allen
Re: Victorian Square Subdivision/PUD Final Plat
May 28 , 1987
Page 2
5 . The Engineering Department agreed that the applicant is
responsible to estimate costs of the proposed improvements and,
in this case, the costs for demolition for the purpose of
determining an acceptable improvements agreement and guarantee.
Both estimated costs and the proposed guarantee should be
provided in this submittal .
6. No reference appears to be made to the design guidelines.
Please clarify how those guidelines are to be used by the
applicant, and, if appropriate, please submit as covenants of the
project.
This is by no means an exhaustive analysis of the Victorian
Square final plat submittal ; and more comments or requests for
additional information may come later after more review.
However, this is a comprehensive list of materials which will be
required prior to our certification of the application as
complete. I believe it should be obvious that this application
cannot be considered complete until the above information is
provided. We will not schedule this case for City Council review
until it is complete. Please also note that once the application
is complete, it will be scheduled for the appropriate Council
agenda giving adequate time for referral agencies to respond (at
least 14 days, as per Section 20-14 (b) ) and the Planning Office
time to prepare its comments.
If you have any questions, please contact me.
Sincerely,
Stephen Burstein,
Aspen/Pitkin Planning Office
cc: Glenn Horn, Assistant Planning Director
sb.vicsqua
PRE-APPLICATION CONFERENCE SUMMARY ., u
PROJECT:
APPLICANT' S REPRESENTATIVE:
REPRESENTATIVE' S PHONE:
OWNERS NAME:
SUMMARY
1. Type of Application:
2. Describe action/type of development being requested:
3. Areas in which Applicant has been requested to respond, types of
reports requested:
Policy Area/
Referral Agent Comments
) re s q 7 Nr =. >�r� tH, .rI�I'.' rt. .1 i1—
4. Review is: (P&Z Only) <(CC/BOCC Only) (P&Zthen to CC/BOCC)
5. Public Hearing: (YES) (NO)
6. Did you tell applicant to submit list of ADJACENT PROPERTY
OWNERS? (YES) ((NNO) Disclosure of Ownership: (YES) : (NO)
7. What fee was applicant requested to submit:
8. Anticipated date of submission:
9. COMMENTS/UNIQUE CONCERNS: Lur F"'h j' '°'^ r,, it-�ed
Tc �JL
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