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Home My WebLink AboutLand Use Case.1001 Ute Ave.1986-88- 06*492. 1 .-9 - 1001 Ute Ave 1 1 54: 11% 6 *494 42Â»*AJOI j 64 MEMORANDUM TO: City Attorney City Engineer Housing Director Aspen Water Department Environmental Health Aspen Consolidated Sanitation District Fire Marshall Roaring Fork Transit Agency* Zoning Official Roaring Fork Energy Center Park Department* FROM: Glenn Horn, Planning Office Steve Burstein, Planning Office RE: Mountain View Residential GMP Submission* 700 E. Hyman Residential GMP Submission 1010 Ute Avenue Residential GMP Submission* '~ 1001 Residential GMP Submission DATE: December 8, 1986 Attached for your review and comme nts are the 1986 City of Aspen Residential GMP applications received by the Planning Office. A brief overview of the applications follows: The requests by the four applicants for allotments are as follows: Mountain View = 58 units 1010 Ute Ave. = 16 units / 700 E. Hyman = 4 uni ts 1001 = 4 uni ts for a total of 82 units. Hearings for these 4 residential GMP applications have been scheduled on January 20, 1987. At this meeting, only the Mountain View project will be subject to public hearing due to its rezoning application. On January 27, P&Z will then score all four projects at a public hearing. Please review this material and return your referral comments to the Planning Office no later than January 5, 1987 in order for this office to have adequate time to prepare for its presentation on January 20th. Thank you. '1001' A Residential Subdivision 1986 Residential GMP, Conceptual PUD and Subdivision Submission December 1, 1986 Submitted to: The City of Aspen Office of Planning and Community Development 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 Applicant: Aspen Development and Construction Company a Colorado Corporation C/O Dale C. Bullough & Associates 5690 South DTC Blvd., Suite 600 Englewood, Colorado 80111 (303) 796-1211 Prepared by: John Doremus Joseph Wells, AICP Doremus & Wells, Planning Consultants 608 East Hyman Avenue Aspen, Colorado 81611 (303) 925-6866 Consultant Team Surveying Landmark Services P. 0. Box 883 Rifle, CO 81650 (303) 625-3540 Soils and Geology Chen and Associates Geotechnical Engineers 5080 154 Road Glenwood Springs, CO 81601 (303) 945-7458 , 1\ Site Engineering KKBNA, Consulting Engineers 4251 Kipling Wheat Ridge, CO 80033 (303) 431-6100 Architectural Consultation David Finholm & Associates P. O. Box 2839 Aspen, CO 81612 (303) 925-5713 Landscape Consultation Pedersen Landscaping P. 0. Box 144 Aspen, CO 81612 (303) 925-7517 1 1 , Table of Contents Page I. INTRODUCTION 1 II. RESIDENTIAL GROWTH MANAGEMENT PLAN SUBMISSION 5 A. Description of Proposal 5 B. Residential GMP Evaluation Criteria 12 1. Availability of Public Facilities and Services 12 a. Water 12 b. Sewer 12 C. Storm Drainage 13 d. Fire Protection 14 e. Parking Design 15 f. Roads 16 2. Quality of Design 17 Neighborhood Compatibility 17 Site Design 19 Energy 21 Trails 23 Green Space 24 3. Proximity to Support Services 26 a. Public Transportation 26 b. Community Commercial Facilities 26 4. Provision of Employee Housing 27 III. CONCEPTUAL SUBDIVISION SUBMISSION 31 A. Submission Contents 32 (D 1 0 7 9 Page IV. CONCEPTUAL PUD PLAN 32 A. Planning Objectives of the Project 32 B. Landscaping and Architectural Character 33 C. Mandatory PUD 33 D. Slope Reduction Calculations 36 E. Allowable Floor Area 28 V. APPENDICES A. Disclosure of Ownership (1984) Aspen Title Company B. Engineering Geologic Reconnaissance and Mine Dump Study Chen & Associates 1 1. I ntroduction This submission, filed on behalf of Aspen Development and Construction Company, a Colorado Corporation, requests Concep- tual PUD and Subdivision approval for a four-lot subdivision on the '1001' mining claim. In addition, the applicant requests a GMP allocation of 4 free market residential units and exemption from GMP for 3 restricted units. The '1001' Claim (M.S. #1741) lies to the south of Ute Avenue, to the west of the Hoag Subdivision and east of the Aspen Chance Subdivision. (See Vicinity Map on following page.) The entire site is approximately 6.73 acres; only the lower 2.6 acres is within the City limits. Two zone district categories are applied to the City land; the lower 109,114 sq.ft. of land is zoned R-15 (PUD) and the area above the 8040 line, approximately 6,200 sq.ft., is zoned C-Conservation. The site is characterized by relatively flat terrain in the lower portion of the site, extending approximately 250 feet back from Ute Avenue. Historically, the mine tailings fields still in evidence higher on the site extended out into th-is ../ area but over the years material has hauled away and used for road base material on County roads. The three existing tennis courts on the site were built in 1973. There is presently a joint-use agreement with the Gant Condominium Association for shared use by the Association and the 1001 Subdivision residents. 1 U t R j 1 11Â¥Om *'5 -A 829 8& 1 UTE TRAIL Mcm g : 3 Â§8 ASPÂ¢N CLUB _ . . W., 4- Â·. I,TE PARK 24\\ 1 , , ASPEN CITY LIMIT-0 j C~4 ~ITE \7 --1-- i-- - 1 b _' :) 't /2 , 1. ....,flo P: 1 .th,y.,te' 2 8(6222371 :i% -4RI~INb /'D F--4 d I Le==d ~ 1, -4, u '~ te r- 1. I' na ~ .'~.1 ..>~Â»p-Â«'~- ~f~_110~5 ~Â«j EL_=4 --1 l-:*15i=;f Lf~292~is~*; :~* ~~d 119 '-__ ce / gov P -r.!r H %: 11: 1; 4 1' 1 .. 1 S,....,,. 0 , M ' i. i Â·Â· t. â€ž . I , r. . .. . - I 0 0. h : ,Â·,6 ... 1, 6,â€žd; h.1 4, .83 ..IÂ·,1 1 00 f-7--1 - 1-- , F"ill'h : - 1 :,Â· - T. Â·-C E' All '' 7 .Fj; u.';. 3)â€¢â€¢]i, .1:!:ii,~711. j,1 i],, | '~~I ]..:J| v.4,1 "~-ll~i),4.Tif' M Z A c,UAL ),Â·Â·:Â£_ 1 1*10 2218. 'i Â·Â· /1!.(i, 51111,i,;â€¢' vi l A .:, . 41 a.0 -6- h .f ffiff/& /1 1=761:i~7617-43]L-71- III ril [ti:7 3-11'' m~ w #r n oi, 0 -iwi " 7"1* 3 377 =7-7 r.Vit~Â·U''b,-- . ~ pÂ«*3=11-: Di-ILfiÂ· 1 ,~ , 1:Ll!:.It Ullt Â· 4.- 1'71,3 --4 i::~ .,1 '2' 7"' 'Â·41 'i - 1.- . %1 \i, i .9 $ U ~u;#g ~=Â·.â€žap - ~ ._7, MAIN Sl 0 'lk- 1 6101 Tiqi'~::'@M , , uiin R D' 2 jaialll E nut h -i~ f ~ 'POST OFFICE ~ 0 /,P'713~3(72-- pg-i.31Â« O 1 3 D. - --- 34,-1. 21 ~ O Ki L c 1, ttic 1.f-497:===144:Ir., - -a - 419~-~ - 0, 0 4 6-1.Â»/-\Â»ir *14 0 1 13 ~ MUSIC TENT 1, E H %1 / -0% 4/ L/1 - U IIN9 --1VllN3CIS3H NOIi 13,130 NEWSÂ¥ enS NOISIA108nS dVIN kLINIOIA Previous mining activity is still very much in evidence in the area between an elevation of approximately 7,970 feet and 8,020 feet. A flat area of approximately 25,000 sq.ft. denotes i the top of the tailings. Above thi area, the site increases in steepness, the only interruption to the slope being the old Midland Railroad right of way, now abandonded, and the more recent cut made for the proposed Nordic Council trail. Aspen Development and Construction Company proposes to complete the site work for the project but does not plan to construct the residential units on the lots. It is presently anticipated that the lots will be sold to individual purchasers who will in turn build private residences according to their own designs. The restricted units will be built as caretaker units within three of the residences. The location of the restricted units will be determined for inclusion in the preliminary submission, based on a more detailed site analysis. 3 I , .:ii.~id. -05 .r / 9/ 1 f I , r ME ASBEN 14/ ,/,A.StrGâ€¢U36 / -- -\4 ~5(PUD]-0-L-- r , 14 O, AF 1 _,_jEC x--z .0* ....4 Milt---- /1 :.ic -0 1 /2,1==LD . -F ./.112ugL_-'' . , r \\ <\ j; 4 MATURE ASPEN f ./ 1 // S..LL COTTONWOODS iil - --Ay, 1 9, 4 ---- ....f//4// > 1 r fl-- / ..t - 4. L. -- ' 2 ~.*M J Z 1 f \ \: - ./0 U) : 1/ Â» /,/ MECENTLY PLAMTED 3 ,./1/ j 115Â¢â€¢03) _.0- - - SMALL EVEAG+EIS . ~ , - :2\Â« {1 7 4 1 / . j 6 91 :<*Ar: EXISTING TENNIS coâ€ž,TS 52\>. 4016;BENJ~222'BE -/7 1 7 t, .... I Â£ I (1:...\\\. *%01 e 2 1 / ./ J U -< ------ 1 *laTORE COTTONWOODS l . 1 Â£ f f , , i - , 0 1 ../ EXISTING 4 / ~MAIVIOLE L ,/~6 LOT i : i e .Ul-1 723-11 1 - -Â·--.____-1 IDL!2!te I -0----........9/25-8.EL/al-ZO...........--------------------------------. FiNE HYDRÂ»IT - - --1- 0-- --- R.15{PUDi '1001' EXISTING CONDITIONS 9 A RESIDENTIAL SUBDIVISION Doremus & weus ASPEN. COLORADO an associallon of land planners ASPEN DEVELOPMENT AND CONSTRUCTION RESIDENTIAL GMP, 5690 SOUTH OTC BLVD.. SUITE 600 ENGLEWOOD. COLORADO 80111 CONCEPTUAL PUD AND Â«Je em, myr.- ~~-ue /,c,â€¢~ co,0,â€¢.08Â·61 â€¢ ~Â·-p,e.~ n) 925 6866 OCO) 7*1211 SUBDIVISION SUBMISSION r. 0--10 0 C 4 LOT 4 NOISIAIDenS DVOH LOT 2 11. Residential GMP Submission A. DESCRIPTION OF PROPOSAL. A brief description of the proposed 1001 Subdivision is found in the preceeding section of this application. As the Conceptual Site Plan on the following page indicates, the proposal requests approval for a four-lot planned unit development, with one single family and three duplex sites. Integral to the plan is a three court tennis complex, landscaped open space, private road and off- street parking. The second unit in each of the three duplexes will be price restricted and will conform to the current guidelines of the Housing Authority of the City of Aspen. Residential GMP procedures request information covering ten areas of concern, as follows: 1. Type of Water System: The Existing Conditions map on the previous page shows the existing 12" steel water distribu- tion line in Ute Avenue. The project will be served by a 6" C.I.P. water main, connected to the 12" City main in Ute Avenue and looped with the recently installed Aspen Chance Subdivision 6" distribution line. A more complete discussion of project demand and capacity is found in Section B, 1(a) of this chapter. 2. Type of Sewage System: The total sewage flow antici- pated from the project is expected to equal the in-house water usage which is estimated to be 2,500 gallons per day. There is an existing 8" sewer line in Ute Avenue adjacent to the 5 / / M / <%.ilifiL-7%- // 0- //,/2.- // M<*-~~Â»3913/////// ////// --//// //./.It--- /0/1 / / /iii - 8060 / / %-,r ---i-- / f / , /,S# 47 - /< 8040 / -- / 1 -/ 1 M / / 1 / - / / -- / /1 4.11#8030 ff 50 -' --4" \ / -- -91/ / 1<Zes---3// 0 , ..1 /. 1 ' LOT 3 ~ 1 14 500 SO F T ,/ x 19500 SOFT, '.,,â€¢Â·' ,/ 17000 57 :7 LOTI / , LOT 2. -5/3-- AUV t -- 804/ //5~7& - --- --, Â»ff 8030 ---- ~ .. f 8020 \ / --1- 0,91 - 17/ / - 4 8020 - A $ r ,-N 8010' - -8010 = . 1 1 .1 7--r- 4. 1 X \ 7. 8000 13\1 \ , '4.l .4 .1 / -Â·8000 .\11, 14 ~4 Â·Â·Â·Â·Â·ld"Â·'Â· -2 JtitUA..9 â‚¬,9 - r-5/'Ft/EM . ' r 0-1-6,/06.0.Â«,7 - 121*/PV.Whi '. â‚¬c~' 1 _a PRIVATE Â»ITAY ROAD ' fi tkÂ¥-41 -= 2 I .1 -9 7990 - ' ~ * 4rf 394| .&2~23â‚¬- PROPOSED , 9*61.2 2 WATER UNE \ ' IÂ·*fyt *3~ LOOP ~ ..,/ 1 , . 4,116 <42 0 h./ t 1/ 2 , 1980 #111' 4 0 K- %/0,/ - f 2 Fit~ 00 4..1 1 1 419 f. . ft 1 3. 4 4 b'#A 5 \ I -1464 2 / AA:~ i -Â·Â· Â· 'i.â€¢,U.' d.ot~x~ y z--7970 4 RELOCATED TENNIS COURTS ~ L._â€¢JiL:L!1Uâ€¢.14_-,< '04-'4'-2._ l 1 i 7970/ 1 ./ .1 PROPOSED -1 . PR SED , ~ - 6" C I WATER LINE 4 - 8Â·+ C SEWER LINE , ---il 1 UTE AVENUE - '1001' CONCEPTUAL SITE PLAN ~ ' Â° A RESIDENTIAL SUBDIVISION C<,FerrARi &wells ASPEN COLORADO an associa"' of land plâ€žne,3 ASPEN DEVELOPMENT AND CONSTRUCTION RESIDENTIAL GMP 5600 SOUTH OTC BLVD. SUITE 800 ENGLEWOOD. COLORADO 80111 CONCEPTUAL PUD AND -77-- {303) 7*1211 SUBDIVISION SUBMISSION 0 20 M , 6 \\\ 1.i.Â«44 - property. Please refer to the Existing Conditions map. The Applicant proposes to connect an 8" collection line to this line which will be located along the private roadway and be approximately 400 feet in length. The District Engineer for the Aspen Consolidated Sanitation District has determined that the existing system has the capacity to handle the additional sewage demand generated by this development. 3. Type of Drainage System: The on-site storm water generated from this project will be detained on-site in engineered catch basins, detention ponds and/or drywells. k Off-site storm water from the mountain side, immediately south of the development, will be carried eastward in a channel along the old Midland right of way to Ute Avenue, proposed by the City to carry drainage from Aspen Mountain. The applicant will provide the required 30 foot easement to the City so that this drainage channel may be accomplished. See the Conceptual Site Plan map for the location of this proposed easement. 4. Fire Protection: The roadway is designed to permit adequate access and the required turning radius for the fire protection needs of the development. A new fire hydrant will be installed in the area of the proposed cul-de-sac, centrally located to the four residences. The distance to the City Fire Station is 10 City blocks and the response time is estimated to be between 4 and 8 minutes. Purchasers of the lots will be required, by covenant, to install automatic sprinkler systems in all dwelling units located within the 1001 Subdivision. 7 5. Site Data: The property is split by the City/County line; therefore of the 6.73 acres of total land area, 4.08 acres is in the County and 2.65 acres, or 115,314 sq.ft. is within the City of Aspen. The County land will be left as undeveloped natural open space except for the ski/hiking trail and the previously described drainage channel. The residential lot development will be within the City and will reflect the density of the R-15 (PUD) Zone in which it is situated. The type of housing will be single family and duplex (three duplexes, one single family), consisting of four struc- tures and a total of seven units. Three of the duplex units are proposed to be low-income price restricted units and will function as caretaker units. The total allowable square feet of building area in the project, according to the provisions of Section 24-3.7(e)(5) of the Code is 18,576 sq.ft. The Applicant intends to develop approved lots for sale. The price of the lots is expected to range from $300,000 to $400,000. The price restricted units will rent according to the current Housing Authority guidelines in effect at the time. The distance to the public elementary school is approximately one mile and to the middle and high schools about two and one half miles. The nearest school bus route on East Cooper Avenue is five blocks away. 6. Traffic and Parking: Trip generation has been esti- mated to be an average of 10 vehicle trip ends per day for each dwelling unit, or a total of 70 trip ends (35 round trips). 8 This traffic increase would occur on Ute Avenue and Original Street. These two city streets are paved, two lanes in width, and with no curbing. The street right-of-way is generally 60 feet wide and has a paving surface averaging 22 feet. The City Engineering Department considers the traffic along Ute Avenue to be minimal at this time. The total number of vehicles expected as a result of the project is estimated to be two autos per unrestricted dwelling and dne auto per price-restricted unit, an average of 11 vehicles. Previous studies indicate peak summer hours of vehicle use to be between 6 and 7 P.M. During the ski season, the peak hour would be expected to be 4 to 5 P.M. (T.D.A., 1983 Transportation Study for the Aspen Mountain Lodge Project). On-site parking will exceed the city requirement of one space per bedroom; language regarding parking to be provided will be included in the PUD Agreement and the Protective Covenants for the subdivision. Within the common open space areas, 8 additional off-site parking spaces will be provided as shown on the Conceptual Site Plan. The development is located within four City blocks walking distance of two existing bus routes; one is the free city shuttle system and the other, RFTA's downvalley bus route. The Ute Avenue Bikeway, part of the Trails Master Plan loop system, is adjacent to the project on Ute Avenue. As an additional auto disincentive technique, a skiing/hiking trail alignment has been incorporated into the planning for this proposal to allow 9 skiers to ski-in to the subdivision and avoid driving. This trail proposal is described in detailed in the following 1 Section II B, 2 (d). The bus routes and Ute Avenue Bikeway are shown on the Vicinity Map. 7. Location Relative to Municipal Facilities: The project is 7 City blocks from Wagner Park, one of Aspen's most active. In addition, Glory Hole Park is 900 feet distance and Ute Children's Park, is approximately 800 feet from the deve- lopment. These parks are located on the Vicinity Map. The Hospital is 2 miles and the County Airport 4-1/2 miles from the project. Assuming a population per unrestricted unit of 6 people x 4 = 24, and 1.5 for each of the 3 caretaker units = 4.5, say 5, the total population would be 29 at peak occupancy. It is reasonable to assume that the unrestricted units will general- ly be used as second homes and have minimal occupancy in the off-seasons. It is also probably fair to state that 4 new homes with 3 one bedroom caretaker units will not generate significant demands on public facilities and services. We believe this to be especially true since the pace of develop- ment in the Aspen area within recent years has been within the range of the GMP guidelines and that municipal facilities can accommodate this modest rate without negative impact. 8. Location Relative to Retail and Service Outlets: Aspen's newest gondola ski lift as well as a chairlift on Little Nell ski hill are located just 5 City blocks from this 10 project. In addition to the project's close proximity to the Aspen Mountain Ski Area and the Transit Authority's bus system, the central business district is within a 5 or 6 block walk. The modest number of shoppers generated by the development will, however, place little additional demand on these outlets. 9. Effects on the Neighborhood: The 1001 Subdivision will result in the cleanup of an unkept tract of ground, the predominate feature of which is a huge unvegetated mine dump; the site is presently vacant except for three tennis courts. The proposed lotting plan approximates the density of the adjacent Aspen Chance Subdivision. It is clear that the effects of this small PUD subdivision will be positive on the adjacent properties. The proposed development, the regrading of the site and extensive landscaping and site work will completely eliminate the scar of the mine dump. 10. Construction Schedule: It is the intent of the Applicant to develop and market the four building sites as soon as practical. Therefore, if the project receives GMP approval, the Applicant will move ahead as expeditiously as possible and complete the approval process of Preliminary and Final Plat with the objective being to start site work in the spring of 1988. 11 B. RESIDENTIAL GMP EVALUATION CRITERIA. 1. Public Facilities and Services. (a) WATER. It has been represented by the Aspen Water Department that sufficient capacity and pressure exists in the existing City water system to serve the projected residential use and fire protection needs of the 1001 Subdivision. The distribution line in Ute Avenue is capable of handling the projected population of this project. The estimated water demand of the four lot development is calculated as follows: the estimated water usage is 100 gallons per person per day (gpd); the average peak occupancy for the 4 free market units is estimated to be 5 per unit x 4 for a total of 20, and 1.5 for the employee units x 3 for a total of 4.5 (say 5) for a project total of 25. A population of 25 times 100 gpd equals 2,500 gpd estimated water usage for the project. The project will be served by a 6" C.I.P. water main connected to the 12" City water main in Ute Avenue, generally as shown on the Conceptual Site Plan. We propose to loop the line with the Aspen Chance Subdivision line as shown. This loop connection will improve the quality of service in the area. One new fire hydrant will be located in the cul-de-sac - as shown on the Conceptual Site Plan. (b) SEWER. The total sewage flow anticipated from the project is expected to equal the in-house water usage as developed in 12 Section (a), WATER, preceeding. The total sewage flow from this proposed residential project is anticipated to be 2,500 gallons per day (gpd). With regard to system capacity, discussions with the District Engineer for the Aspen Consolidated Sanitation District have determined that the existing sewage collection system, trunkline sewers and treatment facility have the capacity to handle the additional sewage demand of the 1001 ' Subdivision as proposed. The Applicant, at its expense, will construct an 8" collection sewer line, with adequate manholes, as required, to connect to the existing 8" Ute Avenue line, generally as shown on the Conceptual Site Plan. (C) STORM DRAINAGE. The most significant off-site drainage problem is the Spar Gulch drainage which presently drains into an unnamed gulch immediately above the adjacent Chance Subdivision. The Urban Runoff Management Plan prepared for the City by Wright- McLaughlin Engineers in 1973 estimates the 100 year flood from Spar Gulch to be 300 cubic feet per second (CFS). Jay Hammond, City Engineer, represents that the Wright- McLaughlin plan, as revised, calls for collecting this mountain drainage in a ditch along the old Midland Railroad right of way to Ute Avenue, through Ute Children's Park to the Roaring Fork River. In order to accomplish this plan, the City must secure a 30' easement along the alignment of the abandoned railroad 13 ROW through the 1001 property. The owners of the proposed 1001 Subdivision hereby commit to the granting of a nonexclusive drainage easement upon final approval of the subdivision plat. With respect to on-site storm drainage, runoff from the proposed development is expected to be minimal. Since there are no existing storm drainage facilities in Ute Avenue, runoff from impervious surfaces created by the development (e.g. roofs and asphalt paving) will be handled on-site. Drainage thus generated will be directed along natural drainage swales into engineered catch basins and drywells located in the lower areas of the site in order to assure the rate of flow off-site does not exceed historic levels. This drainage system will be designed by civil engineers for inclusion in the preliminary submission. (d) FIRE PROTECTION. It has been confirmed that sufficient water pressure exists for the fire protection needs of the development. The private road serving the project has been designed and is of sufficient width to permit access and turning radii by fire equipment. As mentioned earlier in subparagraph (a), a new fire hydrant will be centrally located within the project as shown on the Conceptual Site Plan. The distance to the City Fire Station at 420 East Hopkins Street is 10 city blocks. The response time is estimated to be between 4 and 8 minutes. 14 The applicant will require by covenant that the purchasers of lots within the 1001 Subdivision install automatic sprinkler systems within the residences, designed in accordance Uniform Building Code standards. This feature will improve the quality and level of fire protection service within this development. (e) PARKING DESIGN. The Aspen Municipal Code suggests a standard of one park- ing space per bedroom in the R-15 zone. Parking in the amount of one space per bedroom will be provided internally within each lot. This requirement will be incorporated into the PUD/Subdivision Agreement and will therefore be assured both as a building permit requirement and as part of the proposed protective covenants of the subdivision. The spaces will consist of garages and parking strips or aprons; each space will be a minimum length of 18 feet, 8-1/2 feet wide and 7 feet high. In addition, as the site plan indicates, 5 additional paved off- street parking spaces will be provided in the vicinity of the tennis courts to serve as additional guest parking. Finally, 3 guest short-term parking spaces will be located along the private road around the cul-de-sac; these spaces will not impair traffic flow within the roadway. (Please refer to the Conceptual Site Plan). Off-street parking provided will therefore be significantly more than that required by Code. 15 (f) ROADS. The entrance road serving the 1001 Subdivision will be approximately 400 feet in length and will terminate with a cul-de-sac 72' in diameter. The Applicant proposes to pave the the 22 foot wide driving surface with 2" bituminous paving material. Although internal roadways will be private, and not dedicated to the City, its design standards will permit adequate access by fire and snow removal equipment. The estimated traffic volume generated by the project on Ute Avenue is 10 average daily vehicle trip ends (ADT) per day. (Source: Aspen Lodge, Top of Mill, 700 S. Galena and Summit Place Transportation Study, November 18, 1983, by TDA Inc.) Thus, 7 units x 10 ADT equals 70 ADT. Project-generated peak hour traffic volumes would equal 30% of average daily trip ends; 30% x 70, or 21 vehicles per hour (Source: TDA). All generated traffic would travel west toward the center of town. Ute Avenue, which was recently paved, is two lanes in width, with an approximate 22 foot driving surface and no curbing. The grade is essentially flat and the right-of-way is generally 60 feet in width. The average daily traffic volume on Ute Avenue east of the Alps Road has not been measured by the City Engineering Department as the traffic is considered minimal. The Applicant will provide any widening and curb and gutter improvements along the project's street frontage at the Applicant's expense, if required. 16 2. Quality of Design (a) NEIGHBORHOOD COMPATIBILITY. The existing neighboring development to the proposed 1001 Subdivision consists of the recently approved Chance Subdivision lying adjacent and to the west, 3 existing dwelling units at the north edge of the property and the Gant Condominiums on the north side of Ute Avenue, consisting of 140 short term rental units. David Finholm and Associates, Architects, were retained to develop an architectural concept for the project's residences even though it is presently anticipated that the purchasers of the lots will develop the dwellings according to their own designs. Finholm and Associates' design concept will be used as a basis for developing design guidelines which will then be incorporated into the project's protective covenants to assure that final architecture for the project is reasonably consistent with the concept included with this submittal, regardless of the buyer's final choice of architect. As the architectural concept on the following page indicates, there is an obvious attempt to emulate the character of the dwellings recently constructed in the Chance Subdivision. The project will emphasize a high quality of site and architectural design comparable to that of the Chance. 17 t Â». -. 1 1 3Â¢-Alib e / 4-3 - ' WI 1 3 7 7 - 1 / . f -/ -i 34-2 ~ ,, Jâ€¢ 2 1 /--l j \4 Unt -4 1 -Â·, 4 - 7 J A-4 ' j , 1 , . 4 1 7 Lb ' 7 / 7 1, E- --1 1 .71.JAY -1 1 3, 1 7% 44 1 -1 -) 1/U . - 4-4 m ./ 4,1. 4 1 ' - Â· 5.3-bay...==,4, '.1, , 1 U â„¢/11? 7 - A 1 1. \1\, 4 'W . 1 t,41 A 1 =31 + , 6 'E;/ /' 3 rt 404 7 -r . Ar.4 ' 3 1,4, 1 1 - / /1191' J * -2 f u. 4,9~ ~ + 4 C- 4 \Â¤-h.714 2- - 1 3.r 1 17 1 i , 7, 5 J Di . 1 fit N-T- 4 1 . 1 1 40 ~ -1 1 A -4 j 3 c 6, 22*/.224~{ 1. . -r , 01 619524 5 1~*4' . v 3 43 12 / i -4.+J : f f.,i 0 9 -11 , 1 k. 1 / L Wmi '. r i 10 81 . 1Â·41# , '1 16 11 1 j ~c 1. 1 5 -< f r A z f.\ 4 1 eD- Ul 2.14> , <6627724 1 3 1 ./Â£0654 /grwh* 4. DAVID FINHOLM AND ASSOCIATES INC I PO8O)(28]9 .....COLORADO 8/612 3, 1 1 ARCHITECTURE AND LAND PLANNING A.IA. -W */ 30)975Â·'Â·? 18 ir'Vl/34 14 fy-.4--1 NOI103S 92 0. go The size and height of the structures in the project will be similarly compatible with the neighboring Chance Subdivision and the location will be sensitive to the Chance. Some of the architectural design elements which will be incorporated will include efforts to minimize massing by using simple, articulated forms. Wood and stone materials will be encouraged to blend into the hillside. Variation in height and roof lines will also be encouraged to minimize massing. The three existing tennis courts situated on the site and currently used by the Gant Condominiums, will remain for the use of the homeowners of the 1001 Subdivision, as well as the Gant. These tennis courts will be the feature of the common open space area fronting Ute Avenue. (b) SITE DESIGN. The overall design philosophy of the 1001 Subdivision is neighborhood compatability. The location of the project requires consideration of the adjacent Chance Subdivision and the need to relate the design components to the immediate surroundings. The physical constraints of the site and the reluctance of the adjacent land owners to cooperate with respect to access, left little choice as to the location of the interior roadway. The decision to move the existing tennis courts in a westerly direction the width of the proposed roadway evolved as the only reasonable solution. 19 Within the city portion of the property (115,314 sq. ft.), the common areas of the PUD consist of approximately 48,738 sq.ft., or 42% of the total. The open space, including the three tennis courts, the landscaped entrance and surrounding landscaped areas make up 38,005 sq.ft. with the balance of 10,733 sq.ft. being roadway and parking. Extensive landscaping and site work will be performed within the common areas. The area between Ute Avenue and the tennis courts will be planted informally with mixed spruce, aspen trees and shrubs such as genella maple and redtwig dogwood. Wildflowers and natural grasses will be used exten- sively; manicured lawn areas will be minimized. The sitting/ gathering area for the tennis courts will be re-configured, seating increased and a new surface treatment such as exposed aggregate concrete or fieldstone will be installed; walkways will receive a similar treatment. The open area between the courts and the building sites will be terraced with architec- tural concrete retaining walls to harmonize with the surrounding area. The terraces will step up the hill in roughly 7 foot increments and will be planted predominately with aspen trees and scattered spruce. This will create a soft green separation between the residential sites and the tennis courts during summer use. Similar treatment will occur within the cul-de-sac at the end of the private roadway. Automatic sprinkler systems will be installed in all three areas to insure the survival of the landscaping. 20 Although the building sites themselves will be seeded in order to stablize the soils in those areas after grading is completed, it is not presently anticipated that the lots will be extensively landscaped initially because building designs may affect final grading on individual lots. Five guest parking spaces will be provided at the entrance area adjacent to the tennis courts as shown on the Conceputal Site Plan on page 6. Three additional spaces will be provided on the perimeter of the landscaped cul-de-sac. Finally, the remaining land area of the project, that area located in the County and consisting of over four acres, will be retained as common open space in its natural condition for the benefit and enjoyment of the four homeowners within the development. This upper area will include a public ski and hiking trail for the entire neighborhood as well as a drainage easement for mountain run-off required by the City of Aspen. All utilites will be underground as required. (C) ENERGY. The '1001' Subdivision protective covenants will encourage the placement of buildings and special design features to achieve the recommended solar orientation for heat gain. The designs for all of the residences in the '1001' Subdivision will be required to exceed the City's design standard of a maximum heat loss of 18 BTUs per hour per square foot at a design temperature of -15'F. Two of the building sites lend themselves to designs which will permit orientation 21 of major window walls 15' from south for maximum solar gain; where grades will not permit such an orientation, it will be necessary for the architect to design the residences with great care in order to exceed the City's design standard. Existing grade changes will permit construction into the hillside, so that finish grades around the buildings can be designed to extend above finished floor levels. Double-door airlocks will be used at all exterior entrances; ceiling fans will be required for air recirculation and triple glazing will be specified in key locations. Expandable foam insulation will be utilized at all exterior door and window frames to cut down on air infiltration in these locations. Skylighting will be encouraged to assist heating by passive solar gain; daytime energy required by lighting will be reduced. The buildings will be heated using the latest state-of-the-art minimum-energy input technology. Further, the covenants will require heavy insulation on lines and heaters which will reduce heat loss and increase efficiency by 8-10%. Thermal insulation which exceeds the City's requirement of R-20 i-n floors, walls and ceilings will be required to create an energy efficient structure: Insulation standards: roof: R-40 exterior wall: R-30 between floor: R-11 floor over garage: R-20 slabs on grade: R-11 below grade walls: R-20 22 This, in addition to the overall composition of the roof, floors, and walls, will bring the "R" values well above the standard. It is important to note that the standards for scoring in this section have to do with the extent to which the applicant proposes to implement energy conserving measures which exceed Code requirements. The criteria do not suggest that it is appropriate to attempt to make judgments about the relative merits of the sites involved in the competition. To attempt to judge the relative effectiveness of the various solutions i proposed based on the location of the site would appear to be beyond the scope of this conceptual review. It may be true, for instance, that more energy is conserved by techniques which exceed Code requirements on marginal solar sites, than on excellent ones. (d) TRAILS. The updated Trails Master Plan as described in the Aspen Area Comprehensive Plan: Parks, Recreation/Open Space/ Trails Element, (July 1985) and prepared by the Aspen/ Pitkin Planning Office delineates in Table 9 (page 18) the missing components of the trails system. The table identifies the "Pedestrian/Bicycle/Nordic Trail along the base of Aspen Mountain Skiing Area linking Shadow Mountain to Ute Avenue" as one of the components. This proposed trail link is also indi- cated on Figure 9 of the report entitled "Parks/Recreation/ Open Space/Trails Plan Map". The alignment of this proposed 23 trail crosses the subject property just above the City boundary in the County portion of the tract. At the time development approval was being sought for the Chance Subdivision, the Applicant, in cooperation with the Chance, granted a temporary trail easement along an alignment conforming to this proposed trail. Subsequently, this trail has been cut through the subject property. The applicant will, upon final approval of the 1001 Subdivision Plat, permanently dedicate this 12' trail easement to the City for public use as recommended by the Nordic Council. The trail would provide ski-in and hiking access to the 1001 from Aspen Mountain; however, the greatest public benefit would be in providing a critical missing link to a proposed hiking/skiing trail looping around the City of Aspen. (e) GREEN SPACE. Open space for this PUD will literally consist of 5-3/4 acres, or 85% of the total site. Approximately 4 acres is steep hillside in the County which is to be left in its natural state except for a drainage and trail easement as described earlier. Approximately 20,000 sq.ft. of land in three separate areas around the developed portion of the site will be green space with extensive landscaping. As described in Section (b) Site Design, the entrance area, that portion of the site most visible from Ute Avenue, will receive top soil and will be planted with a variety of aspen, englemann and Colorado blue spruce, genella maple and 24 redtwig dogwood shrubs; this treatment will be augmented with wild grasses and wildflowers. This will create an attractive natural landscaped area which will visually screen the existing tennis courts from the public street. The tennis courts will be shifted approximately 30 feet to the west to accommodate the entry road. The area between the residential sites and the tennis courts will receive similar treatment. There is a major grade change of 20 feet in this area; concrete retaining walls stepping up the hillside in three major terraces and planted predominately with aspen trees and scattered spruce will offer a relief of green area between the residences and the tennis courts. Finally, the center of the cul-de-sac at the end of the private roadway will also be planted with aspens mixed with the aforementioned shrubs. All three landscaped areas will be sprinklered to assure the success of the planting program. The Protective Covenants for the residential lots will encourage the- planting of Colorado blue spruce and englemann spruce around and between the dwellings to give continuity to the natural area above the project which is predominately , spruce covered. All of the green space will be carefully designed and maintained for the benefit of the residents and neighborhood alike. 25 3. Proximity to Support Services. (a) PUBLIC TRANSPORTATION. The subject project is located within 4 city blocks walking distance of two existing bus routes, one the free city shuttle system and the other, RFTA's downvalley bus route. The distance from the project to the Rubey Park Transit Stop, which is the transfer point for all District transit routes, is 6 blocks. (b) COMMUNITY COMMERCIAL FACILITIES. The project is located within 4 city block's walking distance of the commercial facilities in town. We are advised that the "commercial faciliies in town" referred to in the Code are identified as the designated CC, C-l, NC and S/C/I zones as shown on the City Zoning map. As the City zoning map on the following page indicates, the CC zone in block 102 is 1,300 feet distance, which is just under 4 blocks. Likewise, the distance from the NC zone in block 106 is 1,400 feet, or just v i over 4 city block's distance from the project. 26 J C........=-... -' 10 _, 11 - . I L.& 1 1 i \\Ift~ 44Â¢ . 1/ 3 . IVE. 1--- 0 Â· U> ' W 0 * 11 1 . 1 11 . 1 11 (iEN , lia cr â‚¬ u/ Up---,=. li ./Ill A 7 4-4 1 1 1 1 1 -1 11 2101\ ! I E k 1 E----/2 .-M.-Ill-* ' 1 lilli !111; 1 01 1 iii 1~111[ill 1 1 1 1 ! 1 1/ ! IIi'i lili 111 11!|lill' 1 . 41 li 1. 11 1 1 .1 1 11 i i .1 i 5% I i I .~ 1 ! 1 1 1,4 ! i 11 1 1 j i 42 , f g 1f1 1 1 1, N - 1 - 4.spk i lilli â€¢/1 11 , 2.0.1 I t 1 r- 1 [ 1 . -'I'..'/J. ; L. 1 : 4- : I , i : i iii' i 1 1 '6' 't' 1 1 X.1 i ' I I lilli li . i h-Â·LA Iii 22 / i . 2. / 7-- -23 1 1 38 /// c E J f WWATERSâ€¢ j /44'- 1 i i 1 1 I i i Nju #P' 13â€¢,/~ / 0, ,-L, Vtj -d-6 Illi 13 1 - 1 1 1/i --4/ 0> l.' 11.4 X / 4@ [,211 1,4Â£5: I.9 1 L : 1 8 IR-- / 6 /32 ::*1 /. . /3 i }4~Â£ lilli /-1 ' i 1 p X liA '!i E-94 !1 47- 1 ' / IE , 1. r 1 /4 I L "6, A < , E i , â€¢/03 - = A / 1 - , \\1./!. Ch.\ U / . 2t / 21 ~ -â€¢,2 , . l t. L rk / TP'l.; Bj -\f / / fid / , .,6. t ' i 2, ,/ / / e \ / -42,0 LK -4WL 1 3-0-L 14-1, 1 1 \ 1 1//2 i /AL' 1/ (Pub 3 Â£/ 6 /7,\ 8 /1 I/\ -72 14/.944\ 4 1 1 \.0 \ C- r ~ Aft?D j Â· I 3 /SUBJECT / R- 153 E (PUD) 7 (RB) -- -Â·: -:.49*4&&,1.*Â£ 4. Provision for Low, Moderate & Middle Income Housing. The GMP employee housing criteria are based on a comparison of the population of the non-restricted units to the number of employees to be housed in restricted units. Points to be awarded also take into account the price restrictions proposed to be applied to the units. As described earlier, the Applicant is requesting a GMP allocation for four residential units; using the guidelines of Section 24-11.4(b)(4)(bb), the population of the non-restricted units is 12. The Applicant proposes to provide 3 one-bedroom employee units which will be deed restricted to the low-income price and occupancy guidelines. These units will be provided on-site as the second unit of the three duplexes and function as rental/caretaker units. We have submitted information to the Planning Director regarding a small dwelling which stood on the property until 1984, when it was mistakenly demolished by the developers of the Aspen Chance Subdivision prior to verifying the unit's existence as called for under Section 24-11.2(a). We are seeking a credit for that residential unit because of the circumstances surrounding its demolition. However, if this effort is unsuccessful it is the applicant's intention, in order to provide the minimum of 35% employee housing, to pay a "fee in lieu" of $25,000, as provided for in Section 24-11.10(i)(3) as an employee housing dedication fee. The current formula provides that a fee of $20,000 equals one 28 employee contribution for low- income; our proposal is to offer 1.25 low-income employee equivalents at $20,000 x 1.25 = $25,000. Under this alternative, the employee housing and proposed fees will provide the project with 35% of the total development committed to employee housing; 7 points would be assigned to the project for this alternative. If we are given credit for the dwelling demolished by others, one of the proposed dwellings would be considered a replacement dwelling and the fee in lieu would be reduced as accordingly to maintain a commitment of 35% employee housing. SUMMARY TABULATION OF EMPLOYEE HOUSING Population Percentage Free Market Units - 4 unlimited units @ 3.0 residents each = 12.0 65% Restricted Units - 3 one bedroom units (low income) @ 1.75 residents each = 5.25 $25,000 cash in-lieu I contribution (low income) @ 1 resident/$20,000 = 1.25 Total Employee Houisnq 6.50 35% TOTAL HOUSING 18.50 100% Calculation of GMP Points: 35% of total project low-income price restricted units X 1 point for each 5% low-income price restricted = 7 points 29 The applicant requests the option, at Final Plat, to replace the "cash-in-lieu" commitment with the conversion of existing units to which the Housing Authority would recommend equal or greater points. It would seem presumptive at this point to purchase potential units to be converted when it is not known if the project will be approved. 30 111. Conceptual Subdivision Submission A. SUBMISSION CONTENTS. The majority of the information required for conceptual subdivision submissions has been included on the plans submitted with this application, as follows: (1) Project location is shown on the Vicinity Map (page 2). Landmarks and zoning are illustrated on the Existing Conditions Map (page 4). (2) For existing site features please refer to the Existing Conditions Map; for questions concerning what is proposed for the site, see the Conceptual Site plan (page 6). (3) Requested data is as follows: Proposed name: '1001' Subdivision Site acreage: 6.73 Acres Total Land within the City: 115,314 sq.ft. (2.65 Acres) Number of lots: Four, ranging from approximately 14,500 sq.ft. to 20,000 sq.ft. (Three duplex sites and one single family site.) (Balance of site to be held in common ownership.) Number of dwelling units proposed: (4 freemarket, 3 restricted) 7 Total building square footage not to exceed: 18,576 sq.ft. Total projected population: 25 (4) Aspen Title Company's 1984 Title Insurance Policy is included in Appendix B of this submission. 31 IV. Conceptual PUD Plan A. PLANNING OBJECTIVES OF THE PROJECT The Aspen Land Use Plan was adopted in 1973 to update the 1966 Aspen Area General Plan and in anticipation of the adop- tion of a new zoning code and zoning district maps. The Plan outlined a series of land-use categories which were applied to land within the City. The lower portion of the '1001' site was designated as appropriate for Mixed Residential development. The purpose of this category was to allow .for a mix of residential uses interspersed with limited amounts of professional office and visitor accomodation uses. Subsequent to the adoption of the Land Use Plan, the City decided upon a zone designation of R-15 (PUD) for the area, which permits one dwelling unit per 15,000 sq. ft. of land and a duplex per 20,000 sq. ft. Mandatory PUD requires the submis- sion of additional information concerning a number of environmental and public service issues as well as slope reduction calculations to determine permitted density for a development proposal. The proposal for 7 residential units in three duplexes and one detached single-family unit on 4 lots is consistent with the intent of the land-use plan and the PUD regulations of the City. All area and bulk requirements of the R-15 zone district 32 will be complied with, with the exception of the minimum lot sizes as noted, front yard setbacks which because of grades may be reduced to 20 feet and the manner in which the 25-foot height limit is to be calculated. Because of the extent of fill material previously left on the site and the amount of earth-moving anticipated in order to restore a more natural appearance to the site, we believe it would be appropriate to use the finish grades established through the PUD process as the basis for measuring building heights for the project. Heights for projects are typically measured at right angles to the "natural undisturbed" ground slope which is, in this case, perhaps 30 feet beneath the tailings. PUD procedures permit variations in measuring height where appropriate. B. FUTURE OWNERSHIP With regard to future ownership, it is presently antici- pated that the four lots will be sold to individuals who will build the residences. The area fronting Ute Avenue, including the private entry road and tennis courts, as well as the area above the lots will be retained in common ownership governed by a homeowners' association. C. MANDATORY PUD For parcels designated mandatory PUD, additional areas of concern which must be addressed include the following: 1. The City water department has confirmed that adequate water pressure exists in the area to service the proposal. 33 Water system improvements which will result from the project will upgrade service in the area. The existing sewer system is adequate for the seven units proposed. Electrical service can be provided by Holy Cross Electric and gas service is available from Rocky Mountain Natural Gas. 2. Ute Avenue to the west of the site is within the proposed Lodge Improvement District and is slated for a number of improvements including paving overlay, curb and gutter, street lights, and bike trail improvements. The owners have committed to continue those improvements slated for the south side of Ute Avenue along the property frontage. On-site, the roads serving the project will be designed to standards acceptable for private roads. 3. Chen and Associates has performed an Engineering Geologic Reconnaissance and Mine Dump Study (see Appendix B). The report points out several areas of concern that will require further study for submission with the preliminary application. 4. Through the commitment of a 30 foot drainage easement to accommodate a solution to the Spar Gulch drainage problem, the applicant has committed to participate in the solution to perhaps the most significant drainage problem facing the City at the present time. Runoff resulting from the project itself will be handled on-site with an engineered solution to be submitted with the preliminary submission. 34 5. Negative impacts on air quality will be minor. The use of woodburning devices will be governed by regulations in effect at the time of construction on individual sites. The project is within walking distance of many commercial services and the gondola is approximately 1,500 feet from the site. Skiers returning to the project will be able to utilize the new trail constructed from Little Nell, adjacent to and above the development. Air quality impacts resulting from increased auto trips may be more than offset by the benefits resulting from the capping of toxic soils with uncontaminated material. 6. Because of the impact of previous mining activity and the resulting dumping of tailings, regrading of the site is needed to restore a natural appearance to the site. The addition of new topsoil and landscaping which will result from the site's development will have a positive effect on the overall appearance of the neighborhood. The residences will be designed into the reshaped hillside and comply with the height limit of the Zone district when measured from the new grades. 7. Again, significant regrading of the site is anticipated and appropriate in order to return a natural appearance to the site, heavily impacted by mining activity in the 1800s. 8. All building sites are clustered near the base of the slope, the most appropriate portion of the site for development. The total square footage proposed for the PUD 35 will be reduced to that permitted after slope reduction calculations are performed; no variation is requested. Approximately one third of the City portion of the site and all of the County land will be retained in open space use as a result of this proposal. D. SLOPE REDUCTION CALCULATIONS For sites with a Mandatory PUD designation, it is necessary to perform slope reduction calculations according to the procedures outlined in Section 24-8.18. Based on these calcu- lations, as illustrated on the following page, land available for density credit has been reduced from 115,314 sq.ft. to 75,211 sq.ft., as follows: Land within City Limits, zoned R-15 (C-zoned land not included) Square Feet in Slope Classification Category % Credit Net Land 0 - 20% 71,680 100 71,680 21 - 30% 3,272 50 1,636 31 - 40% 7,580 25 1,895 over 40% 26,582 0 0 Total after Slope Reduction: 75,211 36 ,- 8060 i f'Plil' "3111]U,ff,i@illipÂ·il'lli,Ill~.~'ildlidi:Il~Il'I! Di~.~8040 --9.,m:a '111111 4111111~11;111111'J]JIU ///emai ,1,111,11111)11111//j].1)1;11,1,1~1/ /1/ 1 8020 8020'~li~'MJ='ti&- 64/INEF~1|1|i '14 \ .1 111111.11111 11.[~IL. 11[~WTV 111'111 ' lili 0000- 0 1 "I* 'I wif. '-1 -- At fl jl,~1~.' ' b ~ 024' I 11 1 /1 7980 , I 7. r.dFZE:62;1 1 1111111111111111111'i ~7970 \ SLOPE SQUARE FEET CLASSIFICA-:ON IN CATEGORY % CREDIT NET LAND \ --1 El 0 â€ž 71 680 1 00 71680 I 21-304 3272 50 1.636 7 580 25 1 895 IUME over â€¢ch 26582 0 0 TOTAL AFTER SLOPE REDUCTION 75.211 SO FT '1001' ~ SLOPE MAP A RESIDENTIAL SUID L iS.ON ASPEN COLORADO Doremus & wells an associabon of land planners ASPEN DEVELOPMENT AND CONSTRIC, ION , RESIDENTIAL GMR 5690 SOUTH DTC BLID S _ -E 600 - ENGLEWOOD C0L0RA22 BOÂ·:~1 CONCEPTUAL PUD AND ~6*M-Yk,ew.Se- Colo'~doS'6"-lee,ylor. a[)39256666 {303)79â‚¬-'211 SUBDIVISION SUBMISSION -. 1/ e 37 1441 1 \\3 ff L 4 11 E. ALLOWABLE FLOOR AREA In order to determine the maximum building square footage per- mitted for the PUD (although variation of maximum square footage is permitted through PUD prodedures), calculations according to the provisions of 24-3.7(e)(5) have been perform- ed. The total square footage permissible for the seven units proposed is 18,576 sq. ft. (Land within the Conservation zone has been ignored.) The calculation is as follows: Site area within the City: 115,314 sq.ft. Balance of R-15 zoned land, after slope reduction (see previous page): 75,211 sq.ft. Land area per dwelling unit: 75,211 sq. ft. : 7 units = 10,744 sq.ft. Allowable average unit size (from 24-3.4): Duplexes: 4,500 + (7 sq.ft./100 sq.ft. of land over 9,000 sq.ft. = 249) = 4,749 sq.ft. Single-Family: 4,080 + 7 sq.ft./100 sq.f.t = 4,329 sq.ft. 3 Duplexes x 4,749 sq.ft. = 14,247 1 Single Fammily x 4,329 sq.ft. = 4,329 Total allowable building sq.ft. = 18,576 The total building square footage for the project will not exceed this figure. 38 Owner Policy of Title Insurance POLICY OF TITLE INSURANCE issued by USLIFE TITLE INSURANCE Company of Dallas, subject to the Exclusions from Coverage. the exceptions contained in Schedule B and the provisionsof the Conditionsand Stipulationshereof, USLIFE TITLEINSURANCECompany , of Dallas, a Texas Corporation. herein called the Company, insures, as of Date of Policy shownin Schedule A, against lossordamage. notexceedingtheamountof insurancestated , in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder. sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein: 2. Any defect in or lien or encumbrance on such title: 3. Lack of a right of access to and from the land: or 4. Unmarketability of such title. IN WITNESSWHEREOF, USLIFE TITLE INSURANGE Company of Dallashascausedthese - presents to be signed by its duly authorized officers in facsimile with its corporate seal 00â‚¬erif..941 hereto affixed to become effective as its original signature and seal and binding on this $ 04,2.... â€¢â€¢Â·.1~ Company as of the date shown in Schedule A. the effective date of this policy. t .4. $-i SEAL i 9$ 44: /2/ ~~24%Â·ff.x*t?:..Â·Â·.,e ,, 94 Uu-ELL-2 Pies,der,1 & Ch,ef fiecut,ve Office, '11Â«1/4 - Attest Sen,0, Vice-Pies,dent, Secret.,ry 3,1,1 Treasurer 1 k F n (3 (i Atithon,4 Si,inature ~ ASPEN TITLE CO. 530 E. MAI N ASPEN, COLO. 81611 AMERICAN LAND TITLE ASSOCIATION STANDARD OWNER'S POLICY-FORM 8-1970--AMENDED 10Â·17-70 Forrne,Iy DALLAS TITLE AND GlJARANTY CO>.1PANY F.,r:Â·i D: 8.1 !{NÂ·; 127,-Ii Exclusions from Coverage The following matters are expressly excluded from the 3. Defects, liens, encumbrances, adverse claims, or other coverage of this policy: matters (a) created. suffered, assumed or agreed to by 1. Any law, ordinance or governmental regulation (includ- the insured claimant. (b) not known tothe Company and ing but not limited to building and zoning ordinances) notshown bythepublicrecordsbutknownto the insured restricting or regulating or prohibiting the occupancy, claimant either at Date of Policy or at the date such use or enjoyment of the land, or regulating the charac- claimant acquired an estate or interest insured by this ter, dimensions or location of any improvement now or poliCy and not disclosed in writing by the insured claim- hereafter erected on the land, or prohibiting a separation antto the Companypriorto the date such insured claim- in ownership or a reduction in the dimensions or area of ant became an insured hereunder; (c) resulting in no the land, or the effect of any violation of any such law, loss or damage to the insured claimant: (d) attaching or ordinance or governmental regulation. ,- - created subsequent to Date of Policy; or (e) resulting in 2. Rights of eminent domain or governmental rights of loss or damage which would not have been sustained if police power unless notice of the exercise of such rights the insured claimant had paid value for the estate or appears in the public records at Date of Policy. interest insured by this policy. Conditions and Stipulations 1, Definition of Terms upon an alleged defect, lien, encumbrance, or other matter The following terms when used in this policy mean: insured against by this policy. (a) "insured": the insured named in Schedule A, and, sub- (b) The insured shall notify the Company promptly in writ- ject to any rights or defenses the Company may have had. ing (i) in case any action or proceeding is begun or defense is , against the named insured, those who succeed to the interest interposed as set forth in (a) above. (ii) in case knowledge of such insured by operation of law as distinguished from shall come to an insured hereunder of any claim of title or purchase including. but not limited to. heirs. distributees. interest which is adverse to the title to the estate or interest. devisees, survivors, personal representatives. next of kin, or as insured. and which might cause loss or damage for which corporate or fiduciary successors. the Company may be liable by virtue of this policy, or (iii) if (b) "insured claimant": an insured claiming loss or damage title to the estate or interest. as insured, is rejected as unmar- hereunder. ketable. If such prompt notice shall not be given to the Com- (c) "knowledge": actual knowledge, not constructive know- pany, then as to such insured all liability of the Company shall ledge ornotice which may be imputed to an insured by reason cease and terminate in regard to the matter or matters for of any public records. which such prompt notice is required; p,-ovided, however, (d) "land": the land described, specifically or by reference that failure to notify shall in no case prejudice the rights of any in Schedule A, and improvements affixed thereto which by such insured under this po!icy unless the Company shall be law constitute real property: provided, however, the term prejiidiced by such failure and then onry to the extent of such 'land" does not include any property beyond the lines of the prejudice. area specifically described or referred to in Schedule A, nor (c) The Company shall have the right at its own cost to any right. title, interest, estate oreasement in abutting streets, instituteand without undue delay prosecute any action or pro- roads, avenues, alleys, lanes, ways or waterways, but nothing ceeding. or to do any other act which in its opinion may be hereinshallmodifyorlimittheextent to which a right of access necessary or desirabie to establish the title to the estate or - to and from the land is insured by this policy. interestasinsured.andtheCompanymaytake any appropriate Ce) "mortgage": mortgage, deed of trust, trust deed, or action under the terms of this po'icy, whether or not it shall , other security instrument. be liable thereunder, anci shall not thereby concede liability or (f) "public records'0: those records which by law impart waive any provision of this policy. constructive notice of matters relating to said land. Cd) Whenever the Company shall have brought any action o or interposed a defense as required or permitted by the pro- 2. Continuation of Insurance after visions of this policy. the Company may pursue any such liti- Conveyance of Title gation to final determination by a court of competent The coverage of this policy shall continue in force as of jurisdiction anc! expressly reserves the right, in its sole cliscre- , Date of Policy in favor of an insured so long as such insured tion, to appeal from any adverse judgment or order. retains an estate or interest in the land, or holds an indebted- (e) In all cases where this policy permits or requires the ness secured by a purchase money mortgage given by a pur- Companyto prosecute or provide for the defense of any action chaser from such insured, or so long as such insured sliall or proceeding, the insured hereunder shall secure to the Com- have liability by reason of covenants of warranty made by pany the right to so prosecute or provide defense in such such insured in any transfer or conveyance of such estate or action or proceeding, and all appeals therein, and permit the interest; provided, however. this policy shall not continue in Company to use, at its option, the name of such insured for force in favor of any purchaser from such insured of either such purpose. Whenever requested by the Company, such said estate or interest or the indebtedness secured by a pur- insured shall give the Company all reasonable aid in any such chase money mortgage given to such insured. action or proceeding. in effecting settlement. securing evi- dence, obtaining witnesses, or prosecuting or defending such 3. Defense and Ptosecution of Actions- action or proceeding, and the Company shall reimburse such Notice of Claim to be given by an Insured insured for any expense so incurred. Claimant (a) The Company, at its own cost and w;thout undue delay. 4. Notice of Loss-Limitation of Action Shall provide for the defense of an insured in all litigation In adclition to the notices required Linder paragraph 3(b) of ' Consisting of actions or proceedings commenced against these Conditions and Stipulations, a statement in writing of such insured, or a defense interposed against ar, insured in any loss or damage for which it is claimed the Company is an action to enforce a contract for a sale of the estate or liable under this policy shall be furnished to the Company interestinsaidland, totheextent thatsuch litigation is founded within 90 days after such loss or dimage shall have b eell . 'râ€¢"",4.â€¢:ri".- ...", <2â€¢:r.,â€¢1.,â€¢:"â€ž.Â· rnâ€žâ€¢in,i,ul -1,"1 rnâ€¢,el,irt.â€¢râ€¢ ",i 1 -,câ€¢ P â€¢n- Af Th,q Pr.lirÂ·vi CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) determined and no right of action shall accrue to an insured mentof anysuch mortgagesanyamount that otherwise would claimant until 30 days after such statement shall have been be payable hereunder to the insured owner of the estate or furnished. Failure to furnish such statement of loss or damage interest covered by this policy and the amount so paid shall shall terminate any liability of the Cornpany under this policy be deemed a payment under this policy to said insured owner. as to such lossor damage. 10. Apportionment 5. Options to Pay or Otherwise Settle Claims If the land described in Schedule A consists of two or more The Company shall have the option to pay or otherwise parcels which are not used as a single site, and a loss is estab- settle for or in the name of an insured claimant any claim lished affecting one ormore of said parcelsbutnot all, the loss insured against or to terminatie all liability and obligations of shall be computed and settled on a pro rata basis as if the the Company hereunder by paying or tendering payment of amount of insurance under this policy was divided pro rata as i the amount of insurance under this policy together with any to the value on Date of Policy of each separate parcel to the costs, attorneys' fees and expenses incurredÂ·up to the time of whole. exclusive of any improvements made subsequent to such payment or tender of payment. by. the insured claimant Date of Policy, unless a liability or value has otherwise been and authorized by the Company. agreed upon as to each such parcel by the Company and the insured at thetime of the issuance of this policy and shown by 6. Determination and Payment of Loss an express statement herein or by an endorsement attached (a) The liability of the Company under this policy shall in no hereto. case exceed the least of: (i) the actual loss of the insured claimant; or 11, Subrogation Upon Paymentor Settlement (ii) the amount of insurance stated in Schedule A. Whenever the Company shall have settled a claim under (b) The Company will pay, in addition to any loss insured this policy. all right of subrogation shall vest in the Company against by this policy, all costs imposed upon an insured in unaffected by any act of the insured claimant. The Company litigation carried on by the Company for such insured, and all shallbesubrogated toandbeentitled to all rightsand remedies costs, attorneys' fees and expenses in litigation carried on by which such insured claimant would have had against any such insured with the written authorization of the Company person or property in respect to such claim had this policy not - - (c) When liability has been definitely fixed in accordance been issued, and if requested by the Company, such insured with the conditions of this policy, the loss or damage shall be claimant shall transfer tothe Company all rights and re,nedies payable within 30 days thereafter. against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to j 7. Limitation of Liability use the name of such insured claimant in any transaction or No claim shall arise or be maintainable under this policy litigation involving such rights or remedies. If the payment does not coverthe loss of such insured claimant, the Company (a) if the Company, after having received notice of an alleged shall besubrogated to such rights and remedies in the propor- defect, lien or encumbrance insured against hereunder, by tion which said payment bears to the amount of said loss. If litigation or otherwise, removes such defect, lien or encum- loss should result frorn any act of such insured claimant, such brance or establishes the title, as insured, within a reasonable act shall not void this policy. but the Company, in that event. time after receipt of such notice; (b) in the event of litigation I until there has been a final determination by a court of compe- shall be required to pay only that part of any losses insured against-hereunder which shall exceed the amount. if any. lost tent jurisdiction. and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 to the Company by reason of the impairment of the right of hereof; or (c) for liability voluntarily assumed by an insured in subrogation. settling any claim or suit without prior written consent of the 12. Liability Limited to this Policy ' Company, This instrument together with all endorsements and other 8. Reduction of Liability instruments. if any. attached hereto by the Company is the All payments under this policy, except payments made for entire policy and contract between the insured anci the costs, attorneys' fees and expenses, shall reduce the amount Company. , of the insurance protanto. No payment shall be made without Any claim of loss or damage, whether or not based on producing this policy forendorsement of such payinent unless negligence, and which arises out of the status of the title to , the policy be lost or destroyed, in which case proof of SlJch the estate or interest covered hereby or any action asserting loss or destruction shall be furnished to the satisfaction of such claim, shall be restricted to the provisions and Condi- the Company. tions and Stipulations of this policy. No amendment of or endorsement to this policy cari be 9. Liability Noncumulative made except by writing endorsed hereon or attachecl hereto It is expressly understood that the amount of insurance signed by eitlier the President, a Vice President, the Secre- under this policy shall be reduced by any amount the Com- tory. an Assistant Secretary. or validating officer or author- pany may pay under any policy insuring either (a) a mortgage ized signatory of the Company. shown or referred to in Schedule B hereof which is a lien on the estate or interest covered bythis policy, or (b) a mortgage 13. Notices, Where Sent hereafter executed by an insured which is a charge or lien on All notices required to be given the Company ancl any the estate or interest described or referred to in Schedule A, statement in writing required to be furnished the Company , and the amount so paid shall be deemed a payment under this shall be addressed to USLife Title Insurance Company of policy. The Company shall have the option to apply to the pay- Dallas, 1301 Main, Dallas, Texas. O U 4 3998 SCHEDULE A Date of Policy: February 21, 1984 at 4:32 P.M. GF No. A83-518 kmount of Insurance $ 800,000.00 1. Name of Insured: Aspen Development and Construction Company, a Colorado Corporation 2. The estate or interest ih the land described herein and which is covered by this policy is: (a fee, a leasehold, etc.) fee simple 3. The estate or interest referred to herein is at Date of Policy vested in: Aspen Development and Construction Company, a Cblorado Corporation i The land referred to in this policy is described as follows: PARCEL A: 1001 LODE DiIIÂ·JING CLAIM, U.S.M.S. # 1741 EXCEPT that part conveyed to Smuggler-Durant Mining Corporation in Book 390 at Page 896. PARCEL B: A tract of land situated in the SE 1/4 NA 1/4 of Section 18, Township 10, South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado, being more fully described as follows: 4 BEGINNING at Corner No. 3 of the "1001" Lode, M.S. #1741, bhence Comer No. 1 of Aspen Tawnsite bears N.66Â°11'30" W. 132.50 feet; thence N. 47Â°07'00" E. 2.20 feet along the Northwesterly line of Lot 1, Hoag Subdivision to a point on the Southerly right-of-way line of Ute Avenue; thence N. 33Â°48'30" W. 149.99 feet along said right-of-way to a point on Line 1-2 of said Aspen Townsite; thence S. 28Â°28'00" W. 33.08 feet along said Line 1--2 to a point on Line 3-4 of said "1001"; thence S. 45Â°10'00" E. 137.64 feet along i said Line 3-4 to the Point of BEGINNING. COUNTY OF PITKIN f STATE OF COLORADO SCHEDULE B POLICY NO. 0 043998 rhis Policy does not insure against loss or damage by reason of the following: 1 Rights or claims of parties in possession not shown by the public records. 2. Easements,'or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspec- tion of the premises would disclose and which are not shown by the public records. 1. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5.The lien of any and all taxes and assessments for the.year 1983 and thereafter. 6.Reservations and exceptions as set forth in United States Patent recorded May 1, 1884 in Book 11 at Page 97 and Aguust 29, 1949 in Book 175 at Page 299. 7.Terms, conditions, obligations, reservations and restrictions of Agreement between Destination Resorts-Aspen, Ltd., a California Limited Partnership, and Smuggler-Durant Mining Corporation, a New York Corporation, as set forth in instrument recorded October 30, 1979, in Book 378 at Page 419, as assigned to The Gant Condominium Association, Inc., a Colorado non-profit corporation, and as amended by Amendment to Agreement recorded June 15, 1983 in Book 447 at Page 90, and Assignment of Lease recorded February 21, 1984 in Book 461 at Page 357. ,8. Terms, provistion, obligations and conditions of Access Easement Agreement recorded ' June 15, 1983 in Book 447 at Page 100. 9, Encroachment of Lots 1, 2 and 3, Ute Addition, to the City and Townsite of Aspen, and i kprovements thereon. 10. Right of Way for Ute Avenue. 11. Deed of Trust from Harley Baldwin to the Public Trustee of Pitkin County, Colorado for the use of Smuggler-Durant Mining Corporation, to secure $315,000.00, dated April 13, 1980, recorded April 16, 1980 in Book 387 at Page 769. NOTE: Assumption Agreements and Modifiation of Note and Deed of Trust recorded February 21, 1984 in Book 461 at Page 328, and in Book 461 at Page 334, given in connection with above 1Dead of Trust. 12. Deed of Trust from The Gant Condominium Association, Inc. to the Public Trustee of /Pitkin County, Colorado for the use of Harley Baldwin to secure $100,000.00, dated June 15, 1983, recorded June 15, 1983 in Book 447 at Page 106. (NOTE: Encumbers leasehold estate and access easement granted) . 13. UCC Financing Statement between The Gant Condominium Association, inc., Debtor, and Harley Baldwin, Secured Party, recorded June 15, 1983 in Book 447 at Page 110. EXCEPTIONS CONTINUED, PLEASE SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY, FORM B 1970 AMENDED 10-17-70 A83-518 0 043998 ' EX11IBIT "A" Exceptions (continued) 14. Deed of Trust from Aspen Development and Construction Company, a Colorado Corporation, to the Public Trustee of Pitkin County, Colorado for the use of Harley Baldwin to secureÂ· $530,701.95, dated February 21, 1984, recorded February 21, 1984 in Book 461 at Page 340. 15. Deed of Trust from Aspen Development and Cosntruction Company, a Colorado corporation, to the Public Trustee of Pitkin County, Colorado for the use of RepublicBank Dallas National Association, a national banking association, to secure $1,150,000.00, recorded February 21, 1984 in Book 461 at Page 362. 16. Assignment of Landlord's Interest in Leases from Aspen Development and Construction , Company, a Colorado Corporation, to RepublicBank Dallas, National Association, a national banking association, recorded February 21, 1984 in Book 461 at Page 380. 17, Financing Statement from Aspen Development and Construction Company, Debtor, to RepublicBank Dallas, N.A., Secured Party, recorded February 21, 1984 in Book 461 at Page 389. 5080 Road 154 Casper r._ % Chen &Associates Glenwood Springs, CO 81601 Colorado Springs Consulting Geotechnical Engineers 303/945-7458 Denver Rock SpAngs Fort Collins Salt Lake City San Antonio ENGINEERING GEOLOGIC RECONNAISSANCE AND MINE DUMP STUDY PROPOSED RESIDENTIAL DEVELOPMENT 1001 CLAIM, UTE AVENUE ASPEN, COLORADO Prepared For: Dale C. Bullough 5960 South DTC Boulevard, Suite 600 Englewood, CO 80111 Attention: Mr. J. R. Mcintyre Job No. 4 423 86 November 21, 1986 TABLE OF CONTENTS SCOPE AND PURPOSE OF STUDY 1 PROPOSED DEVELOPMENT 1 SITE CONDITIONS 2 GEOLOGIC SETTING 3 Site Geology 3 POTENTIAL GEOLOGIC IMPACTS 4 Snow Avalanches 4 Potentially Unstable Slopes 4 Mine Dump 5 Subsidence Due to Underground Mines 5 Debris Flows 6 Soil Erosion 6 Seismicity 6 MINE WASTE TOXICITY 7 PRELIMINARY FOUNDATION TYPES 8 LIMITATIONS 9 BIBLIOGRAPHY 10 FIGURE 1 - SURFICIAL GEOLOGY - FIGURE 2 - GRADATION TEST RESULTS TABLE I - SUMMARY OF TEST PIT PROFILES TABLE II - SUMMARY OF LEAD CONCENTRATION TESTS TABLE III - SUMMARY OF EP TOXICITY TESTS Chen & Associates SCOPE AND PURPOSE OF STUDY This report presents the results of an engineering geologic reconnaissance and preliminary mine dump evaluation for the proposed 1001 Claim Residential Development located in the south- eastern part of Aspen, Pitkin County, Colorado, as shown on Fig. 1. The study was performed as authorized by Mr. J. R. Mcintyre. This report describes the general engineering geologic condi- tions at the site and identifies potential geologic impacts to the proposed development. A preliminary evaluation of the poten- tially toxic constituents in the mine dumps on the property was also made. The study includes a review of published geologic literature, a geologic site reconnaissance, test pit excavation, and chemical analysis of mine dump samples from the test pits. The purpose of this report is to provide the owner with a prelim- inary site characterization to aid in planning and preliminary design. PROPOSED DEVELOPMENT We understand the proposed development will include subdi- vision of the property into four duplex residential lots and an access road,< We assume the structures will be wood frame con- struction and typical of residences in the area. The development will be serviced by Aspen municipal water and sewerlines. There are various development configurations being considered for the access road and the proposed structures. The proposed building Chen &Associates -2- locations for Alternative 1 are shown on Fig. 1. Because of the steep site terrain, grading will be an important aspect of the property improvement. SITE CONDITIONS The site consists of approximately two acres of land that is occupied by mine waste piles and tennis courts. Ute Avenue borders the property on the north. Existing residential develop- ments are adjacent to the western and northwestern boundaries of the site. The land to the south and to the east of the site is undeveloped and forested. The property lies near the toe of Aspen Mountain on the southern edge of the Roaring Fork Valley. The site topography is irregular and generally slopes steeply down to the north. The natural terrain has been modified by a large mine dump near the middle of the property. Slopes in the area of the mine dump are locally as steep as 100% but generally 65% and less. The lower part of the site has been leveled and three paved tennis courts constructed. The tennis courts may remain in the present ' location or may be relocated as part of the development. An old railroad grade lies to the south and upslope of the mine dump and is paralleled by a trail approximately 70 to 80 feet further upslope. We understand the upper trail bench has been constructed in the last year or two. Above the mine dump, the natural slopes are thickly vegetated with aspens and pines. The mine dump is sparsely vegetated with Chen &Associates -3- grasses and brush. A few cottonwood trees grow on the lower parts of the site near the valley floor. GEOLOGIC SETTING The geology in the project area is complex. Three major 1 structural elements, the Sawatch Uplift, the Colorado Mineral Belt, and the southwest part of the Eagle Structural Basin come together in the vicinity of Aspen, Colorado. The bedrock in this area is complexly folded and faulted. Regional geologic mapping of the Aspen area (Bryant, 1971) indicates that the near-surface bedrock beneath the site is a complexly faulted series of Cam- brian to Mississippian-age sedimentary rocks and Precambrian igneous rocks. Bedrock outcrops are not present on the site. The Roaring Fork Valley was occupied by valley glaciers during the Pleistocene. Glacial deposits occur at places on the valley slopes and along the valley floor. Site Geology: Our interpretation of the surficial geology on the site is shown on Fig. 1. The surface deposits on the southern part of the site above the mine dump consist mainly of colluvial soils composed of angular rock fragments in a clayey sand matrix. These deposits are identified by map symbol Qc. Near the center of the site, the mine dump is the surface deposit. The mine dump is mainly angular limestone, shale and igneous rock fragments in a clayey and silty matrix. The mine dump is identified by map symbol MD. On the lower part of the site, the soil is a poorly sorted glacial moraine deposit which ranges from clay to boulder-size Chen &Associates -4- particles. The gravel to boulder sized materials are generally subrounded. The glacial deposits are identified by map symbol Qg. POTENTIAL GEOLOGIC IMPACTS Based on our geologic evaluation, several conditions of a geologic nature have been identified which should be considered during development of the site. These conditions include poten- tial snow avalanches, potentially unstable slopes, the mine dump, potential subsidence due to underground mines, the potential for debris flows, erosion potential, and seismicity. Snow Avalanches: The vacant area directly adjacent to the property on the east has been identified as a snow avalanche track (Mears, 1979). The distribution of vegetation and broken trees indicate that an avalanche probably occurred here in the relatively recent past. In addition, the steep slopes on the upper part of the site and directly above the site have been identified as a potential avalanche area (Colorado State Univer- sity, 1974, Bryant, 1972 and Mears, 1979). Several small to moderate-sized avalanche tracks occur above the site. We recom- mend that an avalanche expert be consulted to evaluate the potential for snow avalanches and impact on the proposed development. Potentially Unstable Slopes: Evidence of landslides was not observed on the site. The slopes on the property are steep to locally very steep and extensive site grading for the development may be needed. The slopes may be subject to movement due to the Chen &Associates -5- site grading or construction. The sections of the site which may be affected by potentially unstable slopes in our opinion extend from the tennis courts to the south boundary of the site. When grading plans are more complete, we should be contacted to provide geotechnical evaluation. Site specific geotechnical investigations should be conducted to evaluate the stability of proposed cuts and fills that are planned in the areas above the tennis courts. Mine Dump: The dump covers approximately one-half of the area of the property. The mine dump materials, based on our experience, do not comprise a suitable soil for providing foundation sup- port. These materials may be extremely variable in texture and density and may include miscellaneous debris such as mine tim- bers, old metal waste, and other debris. The impacts of the mine dump materials with respect to building foundations and toxicity potential are discussed later in this report. Subsidence Due to Underground Mines: The apparent source of the mine dump materials that occur on the site is the Lower Durant Tunnel. The portal for the tunnel lies 200 to 300 feet to the west of the site. During our review of geologic literature, we found no documentation of major underground mines below the property. The property lies to the east of the major areas of mining activity. Based on our reconnaissance and literature review, we believe it is unlikely that extensive mine workings underlie the site. The risk for mine-induced subsidence is considered to be low. Chen &Associates -6- Debris Flows: One of the major gulches that drains runoff from Aspen Mountain, Spar Gulch, empties onto a small debris fan approximately 300 feet west of the site. Historic floods and debris flows resulting from intense thunderstorms have occurred in the vicinity of Spar Gulch and have inundated areas downslope (Aspen Times, 1919; Aspen Times, 1964). A debris flow or flood originating from Spar Gulch could impact the lower, western section of the site. Since other areas not involved in the development may be impacted, debris flow mitigation for the project can be handled by an overall storm water and debris flow management plan for the sections of the City of Aspen near the base of Aspen Mountain. The steep slopes above the site may constitute a potential source for small debris flows. This heavily vegetated part of the site should not be disturbed to help limit debris flow potential. We recommend that the potential for debris flow/flood impact on the site be evaluated by a surface water hydrologist and that high sediment concentrations be analyzed in connection with such events. Soil Erosion: Because of the steepness of the site, areas stripped of vegetation for construction will be subject to ero- sion. Concentrated runoff should not be allowed to discharge onto steep, unprotected slopes. All stripped areas should be revegetated or protected by other means. Erosion control mea- sures should be made part of the overall development plan. SeismicitY: Historic seismic activity in the Aspen area has been relatively low. Potentially active faults have not been iden- Chen &Associates -7- tified in the project area (Kirkham & Rogers, 1981). In our opinion, the area does not present an earthquake risk above that normally considered for the region. The site is in Uniform Building Code Seismic Zone 1. MINE WASTE TOXICITY A preliminary evaluation of the extent of the mine dump at the site was performed by making a geologic reconnaissance and by digging five pits with a backhoe. Our interpretation of the extent of the mine dump and the test pit locations is shown on Fig. 1. A summary of the subsurface profiles encountered in the pits is presented in Table I. Pit 1, located near the top edge of the dump where the depth is probably tens of feet deep, did not penetrate the pile depth. Pits 2 through 5, which were excavated near the periphery or in less extensive dump areas, penetrated the mine waste and extended into the underlying natural soils. Samples of the mine waste and natural soils were subjected to laboratory testing to evaluate their toxicity potential. The results of the lead concentration tests are presented in Table II. Three of the samples which showed the highest lead concentration were subjected to EP Toxicity Tests which are presented in Table III. Based on the laboratory testing and our experience in the area, the mine waste materials represent a hazard with respect to lead concentration. It appears that some of the natural soil below the mine dump could also be classified as a hazardous Chen &Associates -8- material. We understand that mitigation of the toxicity hazard will probably consist of a soil cap and revegetation of the slopes. The specific mitigation plan and level of protection Will need to be coordinated with local environmental authorities. When more specific property development plans are known, an appropriate level toxicity mitigation plan should be included as part of the development plans. , PRELIMINARY FOUNDATION TYPES Limited subsurface exploration was performed as part of the mine waste evaluation. The natural soils encountered below the mine waste consist mainly of coarse granular soils. The mine waste material is a variable type, relatively loose and contains miscellaneous debris. Building foundations constructed at the site should be placed entirely on the undisturbed natural soils. Where the mine waste is relatively deep, pile foundations will probably be needed. Where the depth of the mine dump is relatively shallow, excavating through the material and placing spread footings on the natural soil can probably be used. This procedure of foundation construction has been successfully followed on the adjacent Chance Claim Subdivision. When the building locations and grading plans have been determined, a site specific subsurface investigation should be performed to determine foundation design parameters. Chen &Associates -9- LIMITATIONS This report has been prepared in accordance with generally accepted geotechnical engineering practices in this area for use by the client for design purposes. The conclusions and recommen- dations submitted in this report are based upon the data obtained from the geologic reconnaissance, the exploratory pits excavated at the locations indicated on the exploratory pit plan, and the proposed development plans. The information presented in this report is suitable for planning and preliminary design pur- poses. We recommend additional exploration and evaluation for specific grading and building design. If you have any questions or if we can be of further assis- tance, please let us know. Very truly yours, ~\.. Pl~x CHEN & ASSOCIATES, INC. 1.1.25 .2, 4. r. f * 9% r A 4 ~*~ 1 5222 1*Â§ By ~f,u x~F,ZI,As -Et, 16 43 0 Rorispltz#, / e ..1 A.. 4 $72 9 Eng'ineering Geologist \<0544/ovAL eh.3/7 Nk:Â¢- OF COLO EA:p, and By Steven L. Pawlak, P.E. RS/SLP/ec CC: Doremus and Wells Chen &Associates -10- BIBLIOGRAPHY Aspen Times, September 5, 1919, Page 1, Cloudburst Scatters Mud Over City. Aspen Times, August 7, 1964, Page 16, Worst Cloudburst in Years Floods Aspen on August 5. Bryant, Bruce, 1971, Geologic Map of the Aspen Quadrangle, Pitkin County, Colorado, U.S.G.S. Map GQ-933. Bryant, Bruce, 1972, Map Showing Areas of Selected Potential Geologic Hazards in the Aspen Quadrangle, Pitkin County, Colorado, U.S.G.S. Map I-785-A. Bryant, Bruce, 1972, Map Showing Avalanche Areas in the Aspen Quadrangle, Pitkin County, Colorado, U.S.G.S. Map I-785-G. Bryant, Bruce, 1972, Map Showing Mines, Prospects, and Areas of Significant Silver, Lead and Zinc Production in the Aspen Quadrangle, Pitkin County, Colorado, U.S.G.S. Map I-785-G. Colorado State University, 1974, Pitkin County, Colorado, Lower Roaring Fork Valley, Environmental Resource Analysis. Kirkham, Robert M., and Rogers, William P., 1981, Earthquake Potential in Colorado, Colorado Geological Survey, Bulletin 43. Mears, Arthur I., 1979, Colorado Snow-Avalanche Area Studies and Guidelines for Avalanche Hazard Planning, Colorado Geological Survey, Special Publication 7. Rohlfing, 1943, Map of Workings in the Aspen Mining District, Pitkin County, Colorado. U.S. Geological Survey, 1928, Field Record File, RQ-34, Mines of Aspen, Pitkin County, Colorado. 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'11~2 11 .1 ~ ---~ , . \ A 1 0 1 \\ \ PA~10 TENNI~ CO,IMT' % Â£ ' / /3- a.. 1 4/l-/ M la - C\ ,(\ /P h %34% \ \ 1 1 942 1 4% \0, ' 9 /1 1/ 14% 7 1 I ; e /1\ - ,-1 0 - j f #f 0% 1 -1 AD .01 -0 / 1\ 1 el i Â¢ e . , ./ Li/ . 1 . j/* i j Qg ~ 1 E-<14-)6-4 -213 3' ;i ifc :, - 1 1 ....LI L \Ji \ r# Ir r --T~~~7~f# \1\0< ... . . I ., - .- I- - 11- .... - --\L - - -I-- Ji 1 1 i ----- - 5 -6 I I 1 L..,0*,MATE EDGE OF AVALANCHE T~--- b EXPLANATION [*#3 DE] -- GEOLOGIC CONTACT MINE DUMP GLACIAL DEPOSITS Inclu4Ing cliy le bowÂ¢der-ined mâ€¢t.,1.'. . i,!4 ~d cl,y,y .Wi' ./.1.-. ald gilv'. len. 1/ b. i.brolld'. TEST PITS Ley-1 COLLUVIA' SOILS ...nowl/1 fock liaglent~ SUAFICIAL GEOLOGY 4001 CLAIM Clwn & UN.(}Ciate. I '-Iâ€¢ C.-.- .." - c...__ C.lk a M ~2 | D.i._11'1_?... _ *Wl_ 1 *&*rl.23 80 AJEWIJE - 0 CA-2-79 chen and associates, inc. HYDROMETER ANALYSIS SIEVE ANALYSIS J Â·ME FREAGING, U b ST ANDARD SEAIE b CLEAR SQUARE OPENINGS 1 24 1-lA 7 .P Â·10 45 MIN 15 MIN 60 U IN 19 MIN 1 MIN 1 MIN -2)0 -1 00 -50 -40 *30 16 ~-8 V 1'Â·C' r 5"6 3 100. 1 . 1 , 1 Ill [ ' 1 . 1 1 1 1 '11,0 :1 'J i!â€¢ 111 111 1/ 11 1 1 1 I 1 1 1 1 , 1 1 1!. 1 1 I 1 0 . 1 , T : 1 90; 1 11 1111 11 1 I 1 1/1 11 10 1 1,11 1,1 - Im il &i# M 1:i 1 / 1 11 11 111111,11 1/ 1 *I 1,1 1[1 80; 6 ; i ii i i i 1'' i li 20 1,1,11 11 1 . 1 1 1 1 1 1 li/; i li ; ~ 1/1 1 1 1 1 1 1 1 1 /1 1 11 ! 1 1 ' 1 1 ; 1 1~i , 1,30 1 1 11 11 Ill 1 1 . I 11 1, 1 III 11 1 111 1 11 1 1 , 1 1 11 J '11 60; 11 11 , ']' 1' ' ' /1 1 ' 11 40 1 ,1 1 1 1 1 1:i : 1: 111 1 1,1 1 1 1, , 1 [ 1 lili lili . 1 1 1 1 1 1 lili. 1 1 ' 1 1,1 1 11 1 . 1 1 ; 1[ 50; ' 111 9 E~; [1'.1,1,[ 111111 11,1,111!1 1 III, lili 11 Ill 1 1 1 11 11 11 [' 1/ill 1, i[ 1,Ill ''11[ 1: 60 401 1 1 1 1 1 1 1 i 1 1 1 1 1/ 1 1 1 1 11 If lili 1 11 1 11 1. 1 1 1 11[ lili 111 11 11[lili 1 1 1 1 1 1 1 1 11 11 1 1 1 11'70 5 11 i il~ 11/ 1 1 1 1 1 11 'M '5 I~ lili ~ 7-1 6 i Z : 1 1; 1 11 iII [/11 'Ill I 20: i i 1 1 1 111 11 1 1 1 1 , 1 1 1 11 1 1/ 1 11 1 1 1 1 i f L,â€¢-i 1 1 1 1 I i 10' I , I ! 1 -1 11{ 1 1, [ ~ 1 1 1 1] 1, 111 111 111 1 1 ~ 30 11 lili /11'1111.111'11 11 1111 1 111 11111/11 . 1 1 1 11 11 11'all 11 100 0, Ill [Il[,1 R !11111111 111 1'1]11111 |11 Ilill10 ' obi 002 005 009 019 037 074 149 297 1 590 119 2 38 476 9.52 19.1 38 1 76.2 127 1 200 042 20 152 DIAMETER OF PARTICLE IN MILLIMETERS SAND GRAVEL CLAY TO SILT COBBLES FINE ~ MEDIUM ~COARSE FINE | COARSE GRAVEL SAND 25 4 SILT AND CLAY 8% % LIQUID LIMIT PLASTICITY INDEX SAMPLE OF silty sandy gravel FROM Pit 2 at 6' - 9' 1 HYDROMETER ANALYSIS SIEVE ANALYSIS 1 1 TIME READINGS U S STANDARD SERIES CLEAR SQUARE OPENINGS 24 HH 7 1-R '10 45 MIN 15 UIN 60 MIN 19 MIN 4 MIN 1 MIN - 2 )0 -100 -50 -40 -30 Â·16 18 5Â·Â· 1'9" 3" 5'600 100' ,~i,i : '': i r 1 / 1 1 1 1 1 1 1 Ii I 1/11 1 5 1 6/' 5 E iÂ·o 1 ! 1 1 1 90, , /1 1 !11 11 illil '11 I ''i! , i i I , , i I i' I ' lilli 11 1/1 1' /1 11 1 80; i 1 1 : T 1, 1 1 1 1 /1 |I '-A 1 1 1 1 1 1, 1 11 1 1 1.1 1 16' , 1 11 1 111 1 1 1 1 1/1 111 1 1 1 1 1, 1 11] 1 1,1 1 , 1 1 1 1 1 1, 1 1 70! , 1 1 1 li 1 1 4 1 11 ho 1: 5 :if & 1: i 1 1 1 1 ! 11 1 1 ' 1/1 1/ 1 11 1 ! 11 11 1 15 5 11 : ' '' 20 ] , 1 605 lili 111]11 1 1] 11 111 1 11 1 /1 1 1 11 1 , , I I , i i , 1 1 lili ' ''' 1 1! 9 111111 1/lilli] 1 11 '11 111 /1 1 1 1 6 2 50 50Â· 1 1 1 lili 1 11 11 9 i & 1 4 i /' 1 1 i 1 1 21 1 1 lilli/ 1 1 1 1 III 40' I 11 11 1 Ill 1 1 1/' 1 1 1 1 11 Ir- 1 11 ; ./.- -1--i ] 1 1 1 11 1 Il' I' ]VW 1 1,1 ! 1 1 : 1 1 11'/- 1 1, 1/ 1 '/1 1|11 1 , 1 1 -f l 11 1 1 1 1 1 [ 1 L 1 Jul 1 1 1 , 1 , J. 1 1 1 1 , 1 1 1 1 :m 1 I 1 1 1 1 : /Â«-1 J : 1: 5 5 . : ': . I 1 1 lili 1/lili ,1 1 20' i' 1, 1,1/1 lilli iII 1 1 #0 1 11,1/1!1111 , 1 1 11 1 i '' Il i 1,! 11] 1 1'' 1 lili 1 11 Ill 111 1 11] 10' 1 1 1.0 [ 1 1 1 .1 1 1 1 1 111 1 1 lili 1 111 1 1 1 1 1 1 1 11, 11 1 1 1 11 O! 1 ; I lilli I lili 11,1 1 1 1 1 111 111 1 1 1 1 111 1/1 1 '1 1 111/11 1 1 ]100 001 05. 005 009 019 037 074 149 297 1 590 1 19 |2 38 4,'6 9 52 191 381 76 2 12 2 1 260 042 20 152 DIAMETER OF PARTICLE IN MILLIMETERS ' SAND GRAVEL CLAY TO SILT COBBLES FiNE | MEDIUM |COARSE FINE | COAASE GRAVEL 55 % SAND 29 % SILT AND CLAY 16 % 0/0 0/0 LIQUID LIMIT PLASTICITY INDEX SAMPLE OF clayey sandy gravel FROM Pit 4 at 5' - 8' 4 423 86 GRADATION TEST RESULTS Fig PERCENT PASSING 03 NlÂ¥13W 1N33U3d 03NIV138 1N33833 PERCENT PASSING 01 TABLE I Job No. 4 423 86 Summary of Test Pit Profiles Pit Pit Mine Waste Natural Number Depth (ft) Depth (ft) Soil Comments. 1 10 10 Not encountered Wood debris in mine waste. 2 10 5 Silty sand, gravel and cobbles 3 9 3 Silty sandy, gravel with cobbles 4 8 3 1/2 Clayey sand and Refusal on large gravel with cobbles boulders and boulders 5 8 7 1/2 Clayey sand and Refusal on large gravel with cobbles boulders and boulders TABLE II Job No. 4 423 86 Summary of Lead Concentration Tests Sample Lead Material Location Concentration Type (ppm) Pit 1 at 3 - 6' 2,190 Mine Waste Pit 2 at 0 - 3' 16,600 Mine Waste Pit 2 at 6 - 9' 5,350 Natural Soil 1 Pit 3 at 0 - 2' 1,160 Mine Waste pit 3 at 3-5' 391 Natural Soil Pit 4 at 0 - 3' 1,110 Mine Waste Pit 4 at 5 - 8' 213 Natural Soil pit 5 at 3 - 6' 3,640 Mine Waste TABLE III 4 423 86 Maximum Pit 2 at Pit 2 at Pit 5 at Concentration Sample 01 - 31 6' - 9' 3' - 6' Allowable Arsenic 0.002 0.000 0.000 5.0 Barium 3.24 2.06 2.84 100.0 Cadmium 0.788 0.585 0.277 1.0 Chromium 0.00 0.00 0.00 5.0 Lead 8.14 7.82 4.56 5.0 Mercury 0.00042 0.00006 0.00021 0.2 Selenium 0.000 0.006 0.006 1.0 Silver 0.00 0.00 0.00 5.0 Note: All results in mg/1. 3 7- 328 1 orb o (ps ASPEN WATER DEPARTMENT MEMORANDUM TO: Cindy Houben FROM: Jim Markalunas SUBJECT: 1001 Ute Ave. DATE: 10-24-88 The Water Dept. has reviewe~hn!~e application of 1001 Ute Ave. and notes the commitment by 1001 Ute to provide for easement, and participation in the future interconnect with Aspen Chance. The site development plans (sheet 3, pg.8) shows a water line centered in the access driveway and in a utility easement adjacent to Lot 2 Bldg envelope. The size of the water line has not been specified, but reference is to a "proposed 8" main". Since it is the intent of all parties concerned to interconnect at some future point, the Water Dept. recommends that the applicant be required to install the proposed water line as shown on the site plan in accordance with City of Aspen main extension policy, ie., 8" or 6" ductile iron pipe, as approved by the City ngineers office. We would also suggest that a hydrant be installed at the terminus of the water line, at or near the fire access corridor location, between lots 1 and 2. .... MEMORANDUM TO: City Attorney City Engineer Water Department Electric Department Environmental Health Aspen Consolidated Sanitation Department Parks Department FROM: Cindy Houben, Planner RE: 1001 Ute Avenue PUD/Lot Split Parcel ID # 2737-182-00-063 DATE: October 20, 1988 Attached for your review and comments is an application submitted by Sunny Vann on behalf of his clients Peter Coventry & The Ventry Property Group requesting PUD/Lot Split approval for the "1001" mining claim which is located on Ute Avenue. Please review this material and return your comments no later than November 23, 1988 so that I have time to prepare a memo for the P&Z. Thank you. 1001 UTE AVENUE RU.D. Subdivision Exemption Application VANN ASSOCIATES Planning Consultants October 1, 1988 Ms. Cindy Houben Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: 1001 PUD/Subdivision Application Dear Cindy: Attached for the Planning Office's review are nineteen (19) copies of the referenced application and a check in the amount of $1,470.00 for payment of the application fee. Please note that, in addition to the conceptual submission fee, the check provides for the application's anticipated referral costs. Should additional referrals be required, please advise and we Will provide the appropriate fee. Should you have any questions regarding our application, or if we can be of any further assistance, please do not hesitate to call. On behalf of Vann Associates and the Applicant, thank you for your assistance in the preparat- ion of our application. Very truly yours,-....~~ VANN AS~6CIATES, INC. ll Sunny VannbKICP sw :cwv V P.O. Box 8485 Â· Aspen, Colorado 81612 Â· 303/925-6958 AN APPLICATION FOR PUD/SUBDIVISION EXEMPTION FOR THE 1001 MINING CLAIM Submitted by THE VENTRY PROPERTY GROUP 6 West Street North Sydney NSW 2060 Australia (02) 922-3555 Prepared by VANN ASSOCIATES, INC. Planning Consultants 210 South Galena Street, Suite 24 Aspen, Colorado 81611 (303) 925-6958 and THE ASPEN DESIGN GROUP L.A., INC. 450 South Galena Street, Suite 202 Aspen, Colorado 81611 (303) 925-3021 TABLE OF CONTENTS Section Page I. INTRODUCTION 1 II. PROJECT SITE 4 III. PROPOSED DEVELOPMENT 7 IV. REVIEW REQUIREMENTS 16 A. Subdivision 16 B. Planned Unit Development 26 C. Growth Management Exemption 30 D. 8040 Greenline Review 31 APPENDIX A. Exhibit 1, Land Use Application Form Exhibit 2, Title Insurance Commitment Exhibit 3, Real Estate Contract Exhibit 4, Permission to Represent B. Exhibit 1, Tennis Courts Lease Agreement C. Exhibit 1, Chen & Associates Geologic Reconnaissance and Mine Dump Study i I. INTRODUCTION The following application requests approval to sub- divide a portion of the "1001" mining claim (M.S. #1741) into two (2) lots via the so-called "lot split " provision of the Aspen Land Use Regulations. The application also requests a growth management exemption to permit the construction of a single-family residence on each of the lots, and approval of the proposed project's conceptual PUD development plan (see Land Use Application Form, Exhibit 1, Appendix A). As the Vicinity Map on the following page illustrat- es, the 1001 claim (hereinafter referred to as the "project site") is located on the south side of Ute Avenue in the general vicinity of the Gant Condominiums and the Aspen Chance and 1010 Ute Subdivisions. The present owner of the property is the Aspen Development and Construction Company, a Colorado corporation (see Title Insurance Commitment, Exhibit 2, Appendix A). The project Applicant and prospective purchaser Of the property is Peter Coventry of Sydney, Australia (see Real Estate Contract, Exhibit 3, Appendix A). The Applicant's representative is Sunny Vann of Vann Associates, Inc., Planning Consultants (see Permission to Represent, Exhibit 4, Appendix A). The application has been divided into three (3) parts. The first part, or Section II of the application, 1 1 1 1 1 , . , * . UTE TRAIL 2 Yrj lf-- Vrâ„¢NL --1 M , . ccuTE P U 94 /*>16.jECT sITE ~1 , ~ cP=%*3 %Â»7 0 - \ 1, 12 ,. " 4\ N re-Â·-4[-4 - 4 rÂ¢.C-Â·=1~ 17/ 421]r-R 2.Sh f .1-0 1 7 2 1,~Ft '' -41 J *Liw,1 4(83% 42*zâ‚¬.24Â«;/fl jâ‚¬Avl.L., 82Â· I -f-.1 - .2'LOO . -- 6 -0ni'ggÂ·~~ ~~ a"-2,~l f tjag~~ ~~_ i 244,31 Ec=- 1 [1-El |/ 6 'I /9 ~r 1 4, LEL /=,~ fii - ' --1. - , -F,N(;1L 16& r Â· i RWB*Â£0EiRT- - &4341:r 7 1 -' l. 'OUS'.p6// 1 Â» -~.' MAI)*ET trAA,Â®r FroD:PARK :2. 01_31_==..1 1- 40 . .'..............................---1- D r q Ze'l~~11 PrEL-tl u ..4 I 90.-2I -Â·4'L_ 4 1 - 1 1 ' 9 -- .1 [7.U r. =n : C 0 , 4 0.'O - 11-ji21|:izf~d 2 n- .. 21 0 2 6 1 t. --.1 1 ..0 C~ ~~ ,: 3 l.(22 M.' U. ~ Â·. Cice Â£ f... ty 1) . : 1Â¢.It~ 5 1 P .. 1.5.V .., 86 ..4 . 7 1 121'. 1 .,..., 21 h. .4 0 2 -ru - - ..1 MAIN 51 -- /1 3 - ....1. 11 - 11- 1 ---11.- ..7 --21:- c lej. 1(C-c-ZI = 4 ...3 -ile.* @su -1 3.5 1 , ''~-â€¢Â·. - - ~POLICE DEPU 1 J,L' 2-lk .Â·.... : Â·:.gE Â·.4,- r h.. ., i.u .....a 212, <. -fii :r_\-L Ty-4 %7.2/ thiMP ...~12-C ID 1.:- 9 1 C g tr ), Jfl -.1817,1: ..: I o 11 . 1 1 / I -Â« 1,1 11 I 'll 06% 9 41 9 a 3 lo,Â·1 0 .IllsÂ·,-Â·% 1. 1 g. 2 *HOOL;JE L L.nt'12'u o iN='0 3, Eul ..C:.4 ed.5 s.tce . Lti:R; 7 -Â·NA Ij r. I r. - 4., F~~CBST OFFICE ~,~.1 ''~f ~--ID'.1.Jjift N.~-- Ej ~Â·~ . Ob ~UJ~ 0 ' . 1 20=0"pt - 9-4 . 7 ~ ~ 2~ :.<41.-115; .1~11Lr- LD'.1 H==21' 44 0 1 - -- 07 -- j . ~22=1\25'.c,\Ltl~â€ž-2' 0 6~\ r o D 92-iJ-Of~ ~~~ . 19 9 : 4. . P O% - 4--4 0 . \Â¢ MUSIC TENT F . 455> %, /4 k. 7 .1 - -1. 0 4.-1 2. 4/1. /12\ d /\,\ 1 \F A Vicinity Map provides a brief description of the project site, while Section III describes the Applicant's proposed develop- ment. The third part, or Section IV, addresses the proposed development's compliance with the applicable review requirements of the Aspen Land Use Regulations. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., title commitment, geologic reconnaissance, etc.) are provided in the various appendices to the application. It should be noted that the project site was the subject of a prior land use application. A request for a residential growth management allocation for a four (4) lot subdivision was submitted in December of 1986 by the Aspen Development and Construction Company. Although the Planning and Zoning Commission recommended conceptual subdivision/PUD approval, the application failed to meet the minimum required points threshold when scored by the Commission. The Company appealed the project's scoring to the City Council, who remanded it to the P&Z for recon- sideration. Upon rescoring, the project again failed to meet the required threshold, and the Applicant again appealed to the Council. The second appeal was denied and the project effectively died for lack of a GMP allocation. The Council, however, did grant conceptual subdivision/PUD approval to the project prior to the denial of the second GMP scoring appeal. 3 While the Applicant has attempted to address all relevant provisions of the Land Use Regulations, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which result in the staff's request for further information and/or clarification. The Applicant would be pleased to provide such additional information as may be required in the course of the application's review. II. PROJECT SITE The project site contains a total of 6.73 acres, or approximately two hundred and ninety-three thousand one hundred and sixty (293,160) square feet of land area. The site is bounded on the north by Ute Avenue and Lots 1, 2 and 3 of the Ute Addition Subdivision, on the east by Lots 1 and 3 of the Hoag Subdivision, and on the west by the Aspen Chance Subdivision. The site's southern boundary is located above the so-called "8040 Greenline" on the side of Aspen Mountain. With the exception of Lot 1 of the Hoag Subdivision, which was recently dedicated to the City as a public park, the immediate site area is essentially fully developed. As the Existing Conditions map on the following page illustrates, only the lower 2.65 acres of the site is located within the Aspen City limits. The portion of this area located between Ute Avenue and the 8040 Greenline 4 2,4&[< 0--r-f ~~0~1~~ D-Â·r e 1 - DESIGN GROUP CO. 19'' J THE ASPEN 4 .0.4 / 41Ok.u,1 l.kn. 51 ...2 * *ai~.6161! 1 /1 925 1021 ~ 0 ,-1 Â» W 6 D ~ / e U ID EF I V i e ~1~GL~ ki ~ 22 > 0 9 /11 5 2 0 2 00 BE ' ' Â® ..6/ <1 1~ \ r u 47./.a.. ' '21 I I #% /<.-rl./U~,Â«_~_- -i - \\\411Â«~47490 1 2 ,-Irl.4. --- * 1 4 1" , 260 - 0,2 - ---- 1 % 1 11\\01 1 6-9 1 ~t ~- /----- - ~ 9 ~ . 1 4 12\1 1 4 24 1 1 -1 f A I 1 E- - . jc ..Ag:,vo. elr~.9 -1-I ~ 2 1 0 1 Â£ I ...... ~Â»x 4 13\ 11 Â»Â«~fit 1 11 Cce,rvati~ 4 + - 7,61-ee 44 , ' Ll j . 01 Aert~ . 1 f. 14 \ 0 / r '-0, 1 42..L Â·Â· )0,2IL e /'211â€¢ V' \Â·t ./.IN.0/. ..7 ~\~ AF-1 5 Â«~ R 15 PUD \% \4 y 1 J REISIONS 1 b / f ,4 L--'ll...I. 1 '1 9: 67:v 24:=ea / It ,/ 14 5 All -,- i./. ~iq-.-al and plâ€ž,i 114! 4 --dbythe,d.-4//Ind,pelk.Ins -he prop,1, and.u;,yll,ful lihe A,-ed ~/ and,halln-Ih,rblul,dollan,olhefwo~,w.i 6-d'llot#on. anyulewh,1 i I difn-ion, 11.11./.dence ove{ ./.d 1 9 di-~-4 ind.... *'I .1.,ob./. Â· Any 41--0-1 411.1Â«p~ng .... blou,h 0 2 M . I ~It,~tion of Ehe I.-* I,o. to comÂ· LAO, "-/ 4-el. 2 /2 \ \ 73-* 1 \ PROJECT No. // 3 -' 1 U :42--r DRAWN BY: r* CHECKED BY: 0 0 2 2 0 0 -ISSUE DATE: 1,22 2 SHEET TmE: -â€¢r . H OÂ» e 5 01901 VIÂ®ION ... 1 E-, Cor,-re 1 8050 ..70 096' contains approximately one hundred and nine thousand one hundred and ten (109,110) square feet and is zoned R-15 (PUD), Moderate-Density Residential, Mandatory Planned Unit Development. The area between the 8040 Greenline and the City limits boundary contains approximately six thousand two hundred (6,200) square feet and is zoned C, Conservation. The remaining 4.08 acres of the site is located in unincorporated Pitkin County and is zoned AF-1, Agricultural and Forestry District. The topography of the site consists of a relatively flat area located adjacent to Ute Avenue, an area of previous mining activity located between an elevation of approximately 7,970 feet and 8,020 feet, and the steep slopes of upper Aspen Mountain. The flat area is current- ly leased to the Gant Condominiums and contains three (3) tennis courts. The extensive mine tailings located above I the tennis courts most likely originated from the Lower Durant Tunnel, the portal of which is located approximate- ly three hundred (300) feet west of the site. A second flat area denotes the top of the tailings. Above this area, the only interruption to the mountainside is the old Midland Railroad right-of-way and a small bench which was recently cut for a proposed Nordic Council trail. Existing vegetation consists primarily of a dense stand of mature aspen and fir located above the mine 6 tailings and several small areas of cottonwood, maple and serviceberry located in the lower northwest portion of the site. Numerous small evergreens have recently been planted adjacent to the site's western property line, apparently in connection with the development of the Aspen Chance Subdivision. With respect to existing utilities, an eight (8) inch sanitary sewer, a twelve (12) inch water line, and electric, telephone and natural gas service are conveniently located in Ute Avenue. An existing fire hydrant is located across Ute Avenue near the northeast corner of the site. III. PROPOSED DEVELOPMENT The Applicant proposes to subdivide a portion of the project site into two (2) single-family lots. The remainder of the site will be retained in common ownership and deed restricted against further development. As currently envisioned, the site work for the project will be completed by the Applicant, and the lots offered for sale to individual purchasers who Will design and con- struct their own residences. Restrictive covenants, however, will be adopted which regulate the architectural character of the proposed development. As the Site Development Plan on the following page illustrates, the proposed lots are to be located in the area of the site currently occupied by the existing mine 7 r. V..7 L~A &C~ ' 4149: , THE ASPEN DESIGN GROUP e 50. 0.6,1. I =42*"'11 2 \ , 3 0-1 14 / . 31 ' ~~T~ ~ Lot 1 ./. .....Â»Ae. e ric= f ) \ 4 \ .4 \\% 1.4 \ \ 1 \14 j --- L,Ir 11 T ' i TA PH er,â‚¬; 4 1 2 C -~â€¢~T Â¢~-'L. .. -- ~ -1 C -W ~-~_-1_--- -----T--C :1 1\ ' ilill ff\-1 ' 5 H DJ ./ W......0/.--0 -CLoo,re-0 I Ketu~M... - | #.. .. /.I ......... \At / 11 ~ 1~111 1 -- 4 - -- - b- Lot 2 1-- 1 1 -4 1 /0 1 -- -1 REVISIONS 11 1 -- \\ 1 1 \31 14 \ ...... ........6.-- , 11=%===== -7 . E232212 \\ =tr==:==t:Zi= 4-tr==551 _I-=__1_- I_ '. ' IL Â·Â· ~.. 7*M~ 'EN?9~.Â¢-1.1'. 1 1 1 C - 0 3 â‚¬ - t - 7 -1__ PROJECT NO. \\ -a --IL.I.â€¢TyÂ£ //ff-m --,~ 1... 0.-~ Â· - , DUWN BY: CHECKED BY: 0 - ISSUE DATE: =lakek*NT- 3 p - d 8. 80bc 110â€¢0 8/00 7990 I 1104'.- - â€¢05(Â· 8070 .,10 8000. 00. N ,/1 Li. :c~ \ / 6 \ c: -0. . 1 --- P. w Ch ~ THE ASPEN DESIGN GROUP 1 00 k~h -I --LA <7~ < -1- 1 1 / '0,1-2~ 1 1 1- - 1 z 1 9/ 1 i ..1/'Â·g--_ 1. 17 J 4 3 40 2 , ~~~~~~~L 1 17 1 4 Â».0.3 lt r----- - - .__ 42 Lot 1 1 uÂ» 2 c.7 ./. C & /427 N (1 4 -1 /1 f 2 - 4 -N / 1 Ilia - 72Â«.47 . .- 1 -- 7 e - - -.UflÂ¢/ C~~U' _ I./-- I 4 -1 \ 1 --- --/- 1 , -r 5 \ = 31 -1 4 -- . ....... 114 1 6 - _- 1... t -BN N 1. ...... ~ t \\ f Lot 1 - h - 1 1 1. C. r*< ; REVISIONS \\\ \ 4 \ i.f '11 1 = 3 -1 4 4- - h r i Â·a - *-1 - 7- . -*- CA - A - --- W . / / 4 f & U u 4 / LE-L J -'rhÂ· 1 ---- 0.- \ --.41 1. 1 1 r, .1 el,-1 7-1 Â·-=i=i I-i_I--:~- -A.Be -7'-9,Â»tl 11--1_1 . ifi~==.A -I.IM 1 .- -.6. L/' 1 I ..... pâ€¢Â·,va ~~~~~~ _ PROjECT NO 08 1. DMWN BY: 4 i b .4-*2 -CÂ© Â»7(N4Uf- CHECKED 89 ' ~ ISSUE DATE: SHEET UTLE Illustrative Site Plan i.00:0. 62 . e - - Ax: 4 OA., tailings. The tailings will be extensively regraded to accommodate two (2) site specific building envelopes and the project's access driveway. The driveway will be equipped with snowmelt to compensate for its northern exposure and relatively steep grade. A sidewalk parallel- ing the driveway will provide pedestrian access from the residences to Ute Avenue. Existing utilities will be extended along the driveway from Ute Avenue to serve the project and all storm water drainage will be accommodated on-site. The alignment of the driveway will require that the existing tennis courts be relocated approximately thirty (30) feet to the west. A new retaining wall will be utilized to help stabilize the mine tailings above the courts. As noted previously, the tennis court area is currently leased to the Gant Condominium Association. Permission to relocate the courts is provided for in an agreement between the owner of the 1001 claim, or his assigns, and the Association (see Exhibit 1, Appendix B). It should be noted that the City Attorney has previously taken the position that the project site is technically not in one ownership due to the leasehold interest conveyed to the Gant Condominium Association. Since the Land Use Regulations construe a leasehold interest to be a subdivision , the Attorney has reasoned 10 -....... //Â«Â«/1 kl /-6 '. ar. i 7 4 - THE ASPEN DESIGN GROUP A.p~n. Cok,-io ~1~n 91Â«// . I 1 1// ~i -- , : , 40 91 , 1 1 I.orâ€¢wri.. 1 111 1 t....lilli. 3. le \\6 -- 7 I ) 431 1 % \3/// 1 79.- , ./.7 9 U- U 111\Â« A Z \ 3) 1 * ,1-h ) 1 <-:1 1 f/,641 h V// /1 ' tl\' f/f////~) /)~) Ii 1--ftÂ«__-__/Fi/l~~~~ REVISION5 1/// LI\ r j 1 1 4.11 1/ f , .. ../.Id,-, lian,--h -d ./i -/ I -.-4 h ih,- di-N. -dipÂ«cllkâ€ž1- .. ih. p.q.wy an,~ <up,rl,hu 01 ih, A.i:h-Â¢1 -du-hâ€ž6,-don-yo,h-wo~no~ .-d ....- p,Mon for -Â¥-,i-Â· --- NttÂ»f 34 UNd c , diâ€žr~kn ..11./ p--~cn ./ ./.d 1--- ------O 0, k>k k / ..1........6.-1,41'.. I. An, Im//.4-1 d./-1./, W ./t. ~,43\>tif 1 fw -0 1..n KÂ»n-1 01.-I }4:41Â·F-' 1"0 PROIE{IT NO eeÂ· 11* )li & ./ ./- 1 ....)9/ 1 >0% 34\ r to- -- _j K-d,--$K--*----01--g-- l - 1 (-C~ . DRAWN BY: Te 491/ CHECKED BY: 1 5; : 2 2 2 2 , A : ISSUE DATE: 2 : ic: I , SHEET nTLE M~- 9=1 r--Fâ‚¬-1 ....11 - 80,0 80tle 4/5 0,1 804,1 -- 006' that the area occupied by the tennis courts cannot be utilized for development purposes without the participa- tion of the lessee as a co-applicant. Without debating the merits Of the City Attorney's interpretation, the Applicant proposes to resolve this issue by treating the leasehold area as an "out-parcel" for purposes of the proposed development's density, FAR and open space calculations. Inasmuch as the lessee has no interest in the 1001 claim other than the right to utilize the tennis court area, the Gant's permission to develop the remainder of the property would not appear to be required. The proposed lots and building envelopes have been designed in compliance with the dimensional requirements of the R-15 zone district. While the area of the project site in which the lots are located is zoned both R-15 and Conservation, the R-15 district requirements govern, as provided for in Section 5-507.B.2. of the Regulations. As Table 1 on the following page indicates, the proposed lots substantially exceed both the minimum lot area and minimum area per dwelling unit requirements Of the R-15 zone district. Similarly, the individual building envelopes meet or exceed all applicable setback requirements. As a result, the proposed site plan is significantly less dense than the four (4) lot Aspen Development and Construction Company project previously considered for the 1001 mining claim. 11 Table 1 DEVELOPMENT DATA 1. Existing Zoning City Land Above 8040 Greenline C-Conversation Below 8040 Greenline R-15 (PUD) County Land AF-1 2. Total Site Area (Sq. Ft.) 293,160 City Land 115,310 C-Conservation 6,200 R-15 (PUD) 109,110 County Land 177,850 3. Minimum Required Lot Area (Sq. Ft.) 15,000 4. Minimum Required Lot Area/Dwelling 15,000 Unit (Sq. Ft.) 5. Proposed Lot Area (Sq. Ft.) Lot 1 35,100 Lot 2 32,550 6. Maximum Allowable Floor Area (Sq. Ft.)1 10,650 7. Minimum Required Open Space None 8. Proposed Site Coverage (Sq. Ft.)1 Building Envelopes 20,320 Access Driveway 10,650 Open Space City 60,950 County 177,850 9. Minimum Required Parking 1 Space/Bedroom 10. Proposed Parking Residences 1 Space/Bedroom Guest 4 Spaces Note: 1 FAR and open space calculations do not include the Gant Condominium Association leasehold area. 12 In general, the architectural character of the proposed development will emulate that of the neighboring Aspen Chance Subdivision. To ensure visual compatibility, design guidelines will be incorporated in the proposed development's restrictive covenants and all construction Will be subject to architectural review. Building materials will be restricted to wood, non-reflective metal and masonry stone, materials which are compatible with those of surrounding structures and which enhance the proposed development's ability to blend into the adjacent hillside. The size and height of the proposed residences Will also be similar to that of the Chance Subdivision. As Table 1 indicates , the total floor area of the two (2) residences will be limited to approximately ten thousand six hundred and fifty (10,650) square feet (see Section IV.B. of the application for a detailed discussion of the proposed development's allowable FAR). Roof forms will be predominantly hipped or gabled, and all building heights will conform to the limitations of the Land Use Regula- tions. Because of the extensive mine tailings which remain on the site, and the extent of the regrading that Will be required in order to restore a more natural appearance, the Applicant proposes to utilize the finished grades established through the PUD process as the basis for measuring building heights for the project. While 13 height is normally measured from the "natural undisturbed" ground slope, in this case the site's original grade is located well below the existing tailings. As the proposed Landscape Plan illustrates, landscap- ing to be installed by the Applicant will be limited primarily to the proposed development's entrance area and access driveway. The Applicant also wishes to regrade and landscape a portion of the adjacent City owned park to enhance the topographical transition between the park and the proposed development, and to otherwise improve the visual appearance of the project's entry area. Permission to utilize the area in question, however, is not required in order to access the project. A request for an ap- propriate landscape easement should be considered as part of this application. The project entrance and relocated tennis court seating area Will be sodded and extensively landscaped I with Aspen, Spruce and Crabapple trees, and various seasonal flowering plants. The proposed building en- velopes, and all other disturbed areas, will be covered with a minimum of six (6) inches of topsoil and seeded with a mixture of native grasses and wildflowers to stabilize the soil. To ensure that the proposed landscap- ing survives, all planted areas will be irrigated. The proposed building envelopes will be landscaped by their 14 ....... L'*69~ / 1 02.C L 'C 'Huk' L-Â·>.e Pe- 4" 6,44%/8 THE ASPEN DESIGN GROUP 4% '20~.muc. .- Il ....r *10 k,url, c.4.Â·. I 0 1 A.p-.....Ins'.1 i m...21 / 'Ates Ir'fle,ATic,N -- - â€¢Ar,vio-0 0 26-~ .8- rL..Ahir e./. rD ....... ./1. -irrl 41*FL-w=- 2 Â£ f.34'rI- 4/'14 N *rie-P OVe:* 5# Ma,MIRL *Ne SÂ»]LINO. 7-0 5 Ni~wA~ 10â€¢PT,1 0â€¢ 61-0 1 / ---- -f ' 6 T"re.,IL . Me~..~p~ -1 1 j 92.2 4-1 REVISIONS Â»qux 1 I 44*--2 - i f f M. t. 4Â¢h i 1====== .. lhâ€¢ p.-'rt, * cr,prrÂ¥~ ...c*. WK' .Â§\ dlfâ€¢-lion, I. h' . -1~I,d . Â«h, ... c'8'A -9=1Â«111Â£1.11Â£11UICELLU1LLE!_fltl-ELIIBILY / Ept-23:? --non..1 of -â€žk 1(34) 1 19.0- PROJECT NO. 06'Â·I) DRAWN BY, CHECKED BY: 32' ISSUE DATE. 0 2 2 2 2 2 k 3 2 SHEET TITLE: /011 1 Ls,decave Plan ...LO . e . - \25Â» 6 . ---1 808~1 respective owners in conjunction with the construction of their residences. All owner installed landscaping, however, will be governed by restrictive covenants to ensure both quality and visual compatibility. Approximately sixty thousand nine hundred and fifty (60,950) square feet, or approximately sixty-six (66) percent of the one hundred and fifteen thousand three hundred and ten (115,310) square feet of land area located within the City, Will remain undeveloped. Please note that this figure excludes the proposed development's building envelopes and access driveway, and the Gant tennis court parcel. As noted previously, the County portion Of the site Will also remain undeveloped. Together, this area and the undeveloped City portion of the site total approximately two hundred and thirty-eight thousand eight hundred (238,800) square feet, or ap- proximately eighty-one (81) percent of the 1001 mining claim. Given the proposed development's allowable floor area, it is anticipated that the individual residences will contain approximately four (4) to five (5) bedrooms each. TO accommodate potential autos, one (1) parking space per bedroom will be provided within the confines of each lot. This requirement will be incorporated in the proposed development's restrictive covenants. To ensure 15 adequate guest parking, four (4) additional off-street spaces will be provided adjacent to the project's entrance area. These spaces will also be available to users of the tennis courts. IV. REVIEW REQUIREMENTS The proposed development is subject to both sub- division and planned unit development review. An exemp- tion from growth management and 8040 Greenline review are also required. Each of these review requirements is discussed below. A. Subdivision Pursuant to Section 3-101 of the Land Use Regulations, the division Of land into two (2) or more lots, tracts or parcels is by definition a subdivision. Consequently, the proposed division of the 1001 mining claim into two (2) separate single-family lots is subject to the City's review and approval. Such divisions, however, may be exempted from full subdivision review pursuant to Section 7-1003.A.2. of the Regulations. The specific review criteria for a "lot-split" exemption, and the proposed development's compliance therewith, are sum- marized as follows. 1. "The land is not located in a subdivision approved by either the Pitkin County Board of County 16 Commissioners or the City Council, or the land is descri- bed as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969." As the attached Title Commitment (Exhibit 2, Appendix A) indicates, the project site consists of a portion of the 1001 mining claim. The claim is described as a metes and bounds parcel and was most likely created in the late 1800's. The site is not located in an approved subdivision and was obviously created prior to the adoption of the City's subdivision regulations. 2. "No more than two (2) lots are created by the lot split, and both lots conform to the requirements of the underlying zone district." As the Site Development Plan illustrates, only two (2) single-family lots are proposed. The lots comply with all applicable dimensional requirements of the underlying R-15 zone district. The remainder of the project site will be retained in common ownership and deed restricted against further development. 3. "The lot under consideration, or any part thereof, was not previously the subject of an exemption under the provisions of this article or a lot split exemption pursuant to Section 8-104.C.1.a." 17 To the best of the Applicant's knowledge , the 1001 claim has not been the subject of any prior sub- division exemption application or approval. 4. "A subdivision plat is submitted and recorded after approval, indicating that no further subdivision may be granted for these lots nor Will additional units be built without receipt of applicable approvals pursuant to this Article and growth management allocation pursuant to Article 8." A final PUD development plan and subdivision plat Will be recorded upon approval of the proposed development and completion of the review process. As noted previously, a lot-split is by defini- tion a subdivision. As such, the proposed development must comply with the basic review standards for a develop- ment application for plat, as set forth in Section 7- 1004.C. of the Land Use Regulations. These standards, and the proposed development's compliance therewith, are summarized as follows. 1. "The proposed subdivision shall be consis- tent with the Aspen Area Comprehensive Plan." - Two (2) elements of the Aspen Area Comprehensive Plan appear to be applicable to the Applicant's proposed development. The 1973 Aspen Land Use Plan indicates that 18 the project site is located within the "Mixed-Residential" land use category. The intent and purpose of this category is to allow for a mix of residential uses interspersed with limited amounts of professional office and visitor accommodation uses. The Plan also suggests that residential densities should decrease as distance from the center of the City increases. As noted previously, the portion of the project site to be subdivided is zoned R-15 (PUD) and C, Conserva- tion. The proposed single-family lots are a permitted use in both of these zone districts, and are consistent with the Land Use Plan's Mixed-Residential designation. The Applicant's proposed two (2) lot subdivision is also below the site's maximum allowable density as well as below the density previously approved in connection with the Aspen Development and Construction Company application. The Parks/Recreation/Open Space/Trails element I of the Aspen Area Comprehensive Plan identifies a pedes- trian/nordic trail along the base of the Aspen Mountain ski area linking Shadow Mountain to Ute Avenue. The proposed alignment of this trail is depicted as traversing the project site immediately above the City limit boun- dary. As noted previously, a trail was recently con- structed across the site above the old Midland Railroad right-of-way by the Nordic Council. The Applicant will 19 dedicate a twelve (12) foot public easement corresponding to the new trail alignment upon final approval of the proposed development. To the best of the Applicants' knowledge, no other element of the Aspen Area Comprehensive Plan contains recommendations which preclude, or otherwise pertain to, the proposed development. 2. "The proposed subdivision shall be consis- tent with the character of existing land uses in the area. The proposed subdivision shall not adversely affect the future development of surrounding areas." The proposed development is consistent with the character of existing land uses in the surrounding area, and Will have no adverse effect on the area's future development. The surrounding site area consists primarily of mixed residential development, including the Gant Condominiums and the Aspen Chance, 1010 Ute and Ute Addition Subdivisions. With the exception of the 1010 mining claim, the area is essentially fully developed. 3. "The proposed subdivision shall be in compliance with all applicable requirements of the Land Use Regulations." The proposed development has been designed to comply with the applicable requirements of the underlying 20 R-15 zone district and all other relevant provisions of the Aspen Land Use Regulations. 4. "The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rock- slide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision." As noted previously, the portion of the project site to be developed consists primarily of mine tailings. These tailings have been examined by Chen & Associates, Consulting Geotechnical Engineers, who have concluded that the site is suitable for development subject to the Applicant's compliance with certain recommendations (see Geologic Reconnaissance and Mine Dump Study, Exhibit 1, Appendix C). In general, the potential areas of concern identified include snow avalanches, unstable slopes, mine waste toxicity, debris flow and soils erosion. All of these concerns, we believe, can be adequately addressed through proper design of the proposed development. The specific recommendations of the Chen report Will be strictly followed, and additional more detailed informa- tion will be submitted in connection with the Applicant's final PUD development plan application. 21 5. "The proposed subdivision shall not be designed to create spatial patterns that cause inefficien- cies, duplication or premature extension of public facilities and unnecessary public costs." NO governmental inefficiencies, duplication of facilities, or unnecessary public costs Will occur as a result of the provision of public services to the proposed development. All required utilities are currently available in the immediate site area. All costs for the extension of utilities to serve the project will be borne by the Applicant. In addition to requiring compliance with the preceding review criteria, the Land Use Regulations also require that various improvements be provided for the proposed subdivision, and that specific standards be adhered to in the subdivision's design. The improvements and design standards which pertain to the Applicant's proposed development are summarized as follows. 1. Water service to the proposed development will be provided via a new eight (8) inch water main connected to the existing twelve (12) inch municipal main located in Ute Avenue. As the Site Development Plan illustrates, the proposed water main will be extended along the entry drive to within one (100) feet of each building envelope in compliance with the City's water main 22 extension policy. Water service to the two (2) single- family residences will be provided via individual service lines to be installed at the time of construction. It should be noted that both the City Engineer and Water Department wish to interconnect the proposed main extension with an existing six (6) inch main which dead ends within the adjacent Aspen Chance Subdivision. While the Applicant is amenable to this idea, the Aspen Chance main has not been accepted by the City due primari- ly to its substandard size. As a result, the Applicant's ability to connect to the Chance Subdivision's private water system is subject to their approval, an approval which was denied the prior Aspen Development and Construc- tion Company application. In the interest of resolving this issue, and to provide for the desired interconnect, the Applicant will grant an appropriate easement across the project site to permit the future extension of the proposed eight (8) inch main. In addition, the Applicant Will commit to an equitable participation in the cost of such an extension should it become feasible at some future date. 2. As the Site Development Plan illustrates, the proposed development's sewage will be collected at a central point below the residences and piped via a six (6) inch collection line to the existing eight (8) inch 23 - sanitary sewer located in Ute Avenue. The Aspen Con- solidated Sanitation District has previously determined in connection with the prior Aspen Development and Construc- tion Company application that the existing system has sufficient capacity to accommodate additional development. 3. Electrical, telephone and natural gas i service is located within the Ute Avenue right-of-way and will be extended to serve the project as necessary. All required extensions of these utilities will be located underground, and will conform to the applicable extension policies of the individual utility companies. 4. Access to the proposed development will be provided via a twenty (20) foot private access driveway from Ute Avenue. Consequently, the provisions of Section 7-1004.C.4.a. pertaining to the design of streets and related improvements is not applicable. The proposed driveway will be constructed of exposed concrete aggregate and will include curb, gutter and sidewalk. A snowmelt system Will be installed to ensure accessibility and enhance safety. The Applicant will also agree to provide sidewalk, curb and gutter along the site's Ute Avenue frontage at such time as improvements to the street are undertaken by the City. 5. Easements to accommodate the proposed utility extensions and entry driveway will be provided as 24 may be required. All utility easements will comply with the width requirements of Section 7-1004.C.4.(b) of the Land Use Regulations and Will be depicted on the Ap- plicant's final PUD development plan. 6. Fire protection for the proposed develop- ment will be provided by the Aspen Volunteer Fire Depart- ment. A fire hydrant is conveniently located across Ute Avenue near the site's northeast corner. Preliminary discussions with the fire marshall indicate that no additional hydrants will be required in order to adequate- ly protect the project. Should a new fire hydrant be required, it will be installed at the Applicant's expense at an appropriate location along the proposed water main extension. A turnaround area will be provided at the end of the proposed driveway to accommodate emergency vehicle access. To reduce visual impact, the turnaround will be surfaced with a product such as "grasscrete", a structural paving material which will permit landscaping of the turnaround area. 7. The proposed development's storm drainage system will be designed to maintain historic flow rates with respect to surface water runoff and groundwater recharge. On-site drywells and surface detention facilit- ies will be utilized to intercept and detain runoff from building roofs and impervious areas, and to control the 25 rate of groundwater recharge. A detailed stormwater drainage plan will be submitted in conjunction with the Applicants' final PUD development plan application. With respect to off-site drainage, Aspen Mountain's Spar Gulch presently drains to an unnamed gulch located above the Chance Subdivision. The City's Urban Runoff Management Plan recommends that this runoff be collected in a drainage ditch to be constructed along the old Midland Railroad right-of-way and through the Ute Children's Park to the Roaring Fork River. To accomplish this objective, the City must acquire an easement along the historic railroad alignment. To assist in this endeavor, the Applicant will dedicate a thirty (30) foot non-exclusive drainage easement across the project site upon approval of the proposed development's final PUD development plan. B. Planned Unit Development The portion of the project site to be developed is zoned R-15, mandatory PUD. As a result, the proposed subdivision is also subject to review as a planned unit development. While the mandatory PUD designation was most likely applied to the 1001 claim because of the presence of steep slopes, the size and configuration of the area of the site suitable for development provides little oppor- tunity for the incorporation of typical PUD design 26 approaches. In fact, no variations in the dimensional requirements of the underlying R-15 zone district have been incorporated in the Applicant's Site Development Plan. The proposed development, however, is consistent with the basic purpose and review standards of the City's PUD regulations. The general requirements of Planned Unit Development approval are identical to those Of the subdivision regulations and have been addressed in Section IV.A. of this application. With respect to density, the proposed develop- ment is significantly below that allowed within the R-15 zone district. As the Slope Analysis map on the following page illustrates, approximately seventy-five thousand two hundred and eleven (75,211) square feet of land area remains after reduction for steep slopes. After subtrac- tion of the Gant leasehold parcel, approximately fifty-one thousand eight hundred and twenty (51,820) square feet of land area is available for density purposes. Based on the R-15 zone district's minimum lot area requirement of fifteen thousand (15,000) square feet per detached residence, a maximum of three (3) single-family dwelling units could theoretically be accommodated on the 1001 mining claim. It should be noted that the above density calculation is somewhat misleading in that the tennis 27 r = =- ~ , LI.&(~ D, Ch. â‚¬ L C 9 -â‚¬, 1 1////, // THE ASPEN DESIGN GROUP 1 01 - 1 / 1 \ // \-71 2 = X - - 1 \ 0 2 / -t y< - -0-'./ 1 - --- ---k , 1 It 11 1 : 9-/4-J Z ir& REVtSIONS $ t 1 Ail .. .. d... ..n,n' .. ..i i ./.Al 'Le'or.~Il ./ lp-Il- â€¢nd Jull Iwirl- 60 -d 0,1 */ht wo~ r,or be , -1 by Iny arhli p-non 10. wy .- *h- .t' Iot- -~huu, -Ineâ€¢ pe.~â€¢-on *i,11- dim-n-. i.11 uke led-:e .- ..1,4 I-.I.1, .. .. he .rilied .I I. . ull An, dimen.ion,1 dik.~pu,IMII . biou. m,necmer,r 01 wolk 11, ./ PROIECT NO. eâ€¢Â· re -- , DRAWN BY: CHECKED BY $ ISSUE DATE: Â£ 1 SHEET TITLE. Slope Analysis Legend , 04/pe- 'tairt,=.go/ ./ i. D.KE=...T 70 C.feOLT Mel- LAN D Slope Arnlysis O - 1. & A 100 ( P'le) Ck:P i q .al 14 - Â»07. D,+12 LI-FÂ® EX) 1 elb. r= 2,1 - 40% 71580 ze 2,1. 62"A -10% 26:,501 6,-le)",1.0 0) O 0 0 1. P ,â€¢:, ~~ 12?TAâ€¢Le- e,7-mÂ·bÂ¢4:.â€¢~ vvITH,w oirr: 11Â£3~14*.e. ,â€¢rÂ·re,Â· e.,cre mecuor-1 : 753ii*k L._- 80" 8000 court parcel could be included for development purposes. The Gant Condominiums approval, however, would probably be required as discussed previously. Under this scenario, a maximum of five (5) single-family units could theoreti- cally be developed. Similarly, were the development of duplexes to be pursued, a maximum of four (4) to six (6) units could be obtained depending on whether the Gant leasehold parcel were included. As discussed previously, the project site is suitable for development and can easily accommodate the proposed density. Existing roads and utilities are adequate to serve the proposed development, and no adverse impacts upon the area's air or water quality are an- ticipated. The proposed Site Development Plan is com- patible with the site's topography and all critical natural features will be retained. In fact, the proposed regrading and landscaping of the existing mine tailings will return the area to a more natural appearance as well as help to mitigate a potentially dangerous condition. The Land Use Regulations provide specific procedures for the calculation of allowable floor area for planned unit developments. The calculation of the proposed development's maximum allowable floor area is summarized in Table 2 on the following page. 29 Table 2 FLOOR AREA COMPUTATION 1. Site Area Within City Limits (Sq. Ft.) 115,310 2. Land Area After Slope Reduction (Sq. Ft.) 75,210 3. Land Area After Subtraction of Gant 51,820 Leasehold Parcel (Sq. Ft.) 4. Land Area Per Dwelling Unit (Sq. Ft.) 25,910 5. Allowable Floor Area for 15,000 Square 4,500 Foot Lot (Sq. Ft.) 6. Additional Floor Area @ 7 Square Feet 760 Per 100 Square Feet of Additional Lot Area (Sq. Ft.) 7. Allowable Floor Area for 25,910 Square 5,260 Foot Lot (Sq. Ft.) 8. Maximum Allowable Floor Area for 10,520 Proposed Development (Sq. Ft.) Note: All calculations rounded to nearest ten (10) square feet. C. Growth Management Exemption Pursuant to Section 8-104.C.1.a. of the Land Use Regulations, the development of one (1) detached residen- tial dwelling on a vacant lot formed by a lot-split approved subsequent to November 14, 1977 is exempt from the City's growth management regulations subject to approval of the City Council. Inasmuch as there are no specific review requirements for such an exemption, the City Council's final approval of the Applicant's lot-split 30 application should be sufficient to convey upon the proposed development the required development rights. D. 8040 Greenline Review Pursuant to Article 6, Division 1 of the Land Use Regulations, applications for development in an environmentally sensitive area (i.e., 8040 Greenline applications) are considered by the Planning and Zoning Commission concurrent with their review Of final PUD development plan applications. Consequently, the specific requirements of 8040 Greenline review will be addressed by the Applicant in the final PUD development plan applica- tion for the proposed project. 31 APPENDIX A ATIJACHMENI! 1 EXHIBIT 1 IAND USE APPLICATION FOâ„¢ 1\ Pmject Nasse /62D / C.>TE Â·Ei-_lfty)/V/9/61/v 2, PEWeet ImcaUE:n /225/ 07-6 AVE. 4 /2/1-770*/ efS mla 10Â©1 4-1//4 11Â»1 Â«-41'-1 CP #49 + 1-74-1 (indicate street address, lot & block mimberf, legal description where appropriate) 3) Present zoning /5-/12~>33 E 2% d,=i:/ 4) Iot Size G. 7347%26 5) Applicant' s Nam, Aairess & phone # /22725/1- /2114&-4277>r 62' %==:=,~E57-â‚¬1~ Abln-1 Â«r>L/e-f de,4 1 Ze<23 losrryÂ¥--'4 1 49Â©)922-595â‚¬ 6) Representative's Nam, Address & Biane # 150</546'/ \Â»1,6524 \Â»144/ AU-,00/KreE /,40 -rÂ£* 2481 -Â«fak] ob 93Â»491 ' 1 1 1 c 7) Type of Application (please dieck all that apply): Conditional Use Conceptual SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline 4 armpt~ UID - Minor Historic Dev. Stream Margin Final FUD Historic Danolition Mountain View Plane v' Subdivisian Historic Designation Coâ„¢icminilmlization _ Text/Map Amrximent (206 Allotment Lot Split/Lot T.i ne V- (2433 Eb2mption Adjustment 8) Descriptian of Existing Uses (number and type of existing structures; approximate sq. ft. ; number of bedroams; any previous approvals granted to the property). ~37EE 64#n occE j\Biline,-i~) 9) Description of Development Applicatian (*lee 644-/r> c>:92 4FrLÂ»97/-O/23 10) Hax* you attached the following? 0 g Response to Attadment 2, Mininlm Submission Oonterrts 4 i Response to Attacimprit 3, Specific Suhniggian Oontents / Response to Attadlment 4, Review Standards for Your Application '111.1.11,~ kwyerK-Ftle EXHIBIT 2 Insurance @poration NATIONAL HEADQUARTERS RICHMOND, VIRGINIA COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective date: 08/01/88 AT 8:00 A.M. Case No. PCT-2472 2. Policy or policies to be issued: (a)ALTA Owner's Policy-Form B-1970 Amount $ 1,075,000.00 (Rev. 10-17-70 & 10-17-84) or 10/21/87 Premium $ 2,144.50 PROPOSED INSURED: PETER COVENTRY AND/OR ASSIGNS (b)ALTA Loan Policy, Amount S (REV. 10-17-70 & 10-17-84) or 10/21/87 Premium $ PROPOSED INSURED: (c)Alta Loan Construction Policy, 1975 Amount $ (Rev. 10-17-84) Premium $ PROPOSED INSURED: Tax Cert. $ 5.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN DEVELOPMENT AND CONSTRUCTION COMPANY, A COLORADO CORPORATION 4. The land referred to in this Commitment is described as follows: PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring ~ 303-925-1766 Provisions and Schedules A and B are attached. or agent Form 100 Litho in U.S.A. --11-1~am,-,LIMILIN,LIM,ImIC-m,III,I[INII- m,II,Il-m,IIN,i-Ilt-Il{-I,LIIâ€¢IL-â€¢Ilâ€¢~,1~~IR~n!mIIM hwyersTtle Insumnce @rporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA EXHIBIT "A" LEGAL DESCRIPTION A portion of the 1001 LODE MINING CLAIM USMS #1741 situated in Section 18, Township 10 South, Range 84 West of the Sixth Principal Meridian more particularly described as follows: BEGINNING at Corner No. 3 of the 1001 Lode, MS 1741 whence an iron post with brass cap affixed for Corner No. 1 of Aspen Townsite Bears North 66 11'30" West 132.60 feet; thence South 47 07'00" West 1000.00 feet along the Southeasterly line of said 1001 Lode to a point; thence North 45 10'00" West 300.00 feet along the Northeasterly line of that land described in Book 390 at Page 897 of the Clerk and Recorders Office of Pitkin County, Colorado to a point on the Northwesterly line of said 1001 Lode; thence North 47 07'00" East 968.65 feet along the Northwesterly line of said 1001 Lode to a point on the Southwesterly line of the Ute Addition to the City of Aspen; thence along said Southwesterly line of the Ute Addition South 39 57'22" East 178.31 feet to said Corner No. 1 Aspen Townsite; thence North 28 28'00" East 49.54 feet along the Southeasterly line of Lot 1 Ute Addition to the City of Aspen said line also being between Corner No. 1 and 2 of the Aspen Townsite boundary, to a point on the Northeasterly line of said 1001 Lode Claim South 45 10'00" East 137.64 feet along the Northeasterly line of said 1001 Lode to Corner No. 3 to the point of Beginning. AND also a Tract of Land situated in the SE 1/4 NW 1/4 of Section 18, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado being more particularly described as follows: BEGINNING at Corner No. 3 of the 1001 Lode M.S. 1741, whence Corner No. 1 of Aspen Townsite bears North 66 11'30" West 132.50 feet; thence North 47 07'00" East 2.20 feet along the Northwesterly line of Lot 1, Hoag Subdivision to a point on the Southerly Right-Of-Way of Ute Avenue; thence North 33 48'30" West 149.99 feet along said Right-Of-Way to a point on Line 1-2 of said Aspen Townsite; thence South 28 28'00" West 33.08 feet along said Line 1-2 to a point on Line 3-4 of said 1001 Lode; thence South 45 10'00" East 137.64 feet along said Line 3-4 to the point of Beginning. COUNTY OF PITKIN, STATE OF COLORADO Form 100 Litho in U.S.A. A-- A - A- ... .. '- 4pyers title Insurance @poration NATIONAL HEADQUARTERS scif195159'lr-PitlfbTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Release by the Public Trustee of; Deed of Trust from : HARLEY BALDWIN To the Public Trustee of the County of Pitkin For the use of : SMUGGLER-DURANT MINING CORPORATION To secure : $315,000.00 Dated : APRIL 15, 1980 Recorded : APRIL 16, 1980 IN BOOK 387 AT PAGE 769 Reception No. : 223415 2. Release by the Public Trustee of; Deed of Trust from : ASPEN DEVELOPMENT AND CONSTRUCTION COMPANY To the Public Trustee of the County of Pitkin For the use of : REPUBLICBANK DALLAS, N.A. To secure : $1,150,000.00 Dated : Recorded : FEBRUARY 21, 1984 IN BOOK 461 AT PAGE 362 Reception No. : 257445 3. Deed from : ASPEN DEVELOPMENT AND CONSTRUCTION COMPANY, A COLORADO CORPORATION To : PETER COVENTRY AND/OR ASSIGNS NOTE: If the proposed insured is other than Peter Coventry, Pitkin County Title, Inc., must be notified and additional requirements and/or exceptions may be added. 4. Evidence Satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) has been paid or exempted. 5. Certificate of Nonforeign Status of Corporate Transferor signed by an Officer of ASPEN DEVELOPMENT AND CONSTRUCTION COMPANY. This commitment is invalid unless Schedule B-Section 1 PG.1 the Insuring Provisions and Schedules Commitment No.PCT-2472 A and B are attached. Form 100 Litho in U.S.A. 035-0-100-0041/2 Bjlpil17Iini,WI~mill[-,[ill[-â€¢i.-m-m.romilm kwyerglitle Insurance @poration NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE 3-SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service. or for any other special taxing district. 7. Reservations and exceptions as contained in United States Patents recorded May 1, 1884 in Book 11 at Page 97 and August 29, 1949 in Book 175 at Page 299. 8. A portion of the 1001 Lode Mining Claim, U.S.M.S. #1741 conveyed to Smuggler-Durant Mining Corporation by Deed recorded in Book 390 at Page 896 and described as follows: BEGINNING at Corner No. 1 of said Claim whence the U.S.L.M. "Ute No. 4" bears North 32 18'54" East 2928.3 feet; thence South 45 10' East 300.00 feet; thence North 47 07' East 500.00 feet; thence North 45 10' West 300.00 feet; thence South 47 07' West 500.00 feet to the point of Beginning. 9. Estate created by Agreement recorded October 30, 1979 in Book 378 at Page 419 between Destination Resorts-Aspen, Ltd., and Smuggler- Durant Mining Company; Assignment of Leasehold Interest recorded June 14, 1983 in Book 447 at Page 88 from Destination Resorts- Aspen, Ltd., and the Gant Condominium Association, Inc., and Amendment to Agreement recorded June 15, 1983 in Book 447 at Page 90. Continued =orm 100 Litho in U.S.A 1,4-A-1~1W1,0 1.1.Ic-Illi-lil,1.11(-Ilic-Illc-Illc...M-..--,-111Â£*.licillcimi.ilci.llcilic,lic-Ill<1.11(,Tic:1.IllimUIC hwyers*tie Insurance @poration NATIONAL HEADQUARTERS RICHMONA VIRGINIA 10. Any overlap or encroachment or the Aspen Townsite or Ute Addition thereto or any improvements located thereon. 11. Access Easement Agreement recorded June 15, 1983 in Book 447 at Page 100 between Harley Baldwin and the Gant Condominium Association, Inc. 12. Right-Of-Way for Ute Avenue. This commitment is invalid unless Schedule B-Section 2 PG.2 the Insuring Provisions and Schedules Commitment No. PCT-2472 A and B are attached. Form 100 Litho in U.S.A. 035-0-100-0041/2 IdwyerK-litle Insurance @poration NATIONAL HEADQUARTERS sc~88Â£'2' yf#WETION 2 CONTINUED Exceptions numbered NONE are hereby omitted. The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance thereof; water rights, claims or title to water. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No.PCT-2472 A and B are attached. LIU lili 1 ilt 111( 1.lic 111{ liu 1111 111(. 1.111. 111( 111( 111{ 111(- 111( Illl 1.llc itic '114 Ill( EllL_LLL_LLIL-ILIL- 1Â£22.1-2.!L-LL!=Lut-Lilli Form 100 Litho in U.S.A. 01Â¢LA- 1~ 1/0 IeyIslitle Insumnce @poration NATIONAL HEADQUARTERS RICHMOND. VIRGINIA COMMITMENT FOR TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policiescommitted forshallissue,whichever first occurs, provided that the failureto issue such policyor policiesisnotthe fault of the Company. This Commitment shall not be validorbinding untilcountersigned byanauthorized aff iceroragent IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability foranylossordamage resulting fromanyact of reliance hereonto the extent the Company isprejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Companyat itsoptionmayamend Schedule Bof this Commitment accordingly, but such amendment shan not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking ingood faith(a)tocomply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or(c) to acquire orcreatethe estate or interest or mortgage thereoncovered bythis Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Imu>ers Title Insu#Â¥8 Grporation 114-e. oyaw-ad-vÂ£ .r . 9 President i j Attest: 1 E 1 * , 4 i gv Â£ gj> Secretary. In ,.,22-.f ,1,h,4â€ž.4,4â€ž: EXHIBIT 3 REID &WAIDRuN-R,*1.â€¢1,Com**â€¢11416.111 nll, Il A UU, IMMU.. 1 0,1 yll,tum'I. UUL Real ht- Â· Rontals â€¢Pro-ty Manalâ€¢- TAK 11 Ot,1 00=ILION MIO,lutta 11,0,1 5-4.~ VACANTLAND CONTRACT TO BUY AND SELL REAL ESTATI (Sellor'Â§ remedy limltad to LiquIdated Damalll) July 25, 1, 11 1. Th,undinilin,dagenther,by,cknowled:,0 havin,rocolved from Potor Coventry 1 Â¥'. A,iumof; 10,000.00 'Inth,formof-L.net.a.Â®AL â€¢h,BU -1. 6. ....k.,0 -0-,%..2. i *4 behold hy rairair R.4,1 ..A W.1,4,An broker, In brok.r'. Dierow or trustio â€¢ccoura, As earneot mono,Â·and part poymint for thâ€¢ followIA: 4..cribid r,â€¢1 e.tat, Inthe ---- Countyof Pitk{19 , Colorido, to witt Se, Exhibit"A"attached hereto and incorporated hâ€¢rein. tolothir with oil 0,0.mint, and rightâ€¢ of way appurtinan, thereto, all Improviminte ther,on and all flx,ur,1 of a ~ permagent natur, ourrently on the premlou, Ine,t 01 horiln,ft,r providid, In their pre,Int gondition, ordinary wiâ€¢, and toâ€¢, 0*0â€¢,tod, and hor,iniftor 0,11*d thâ€¢ Proport/, 2. Subjoittothâ€¢ provt,lon:of parmraph 17, the underilined perion(,1 Pitir CoventrÂ¥ And/or 8811*no (,1 joint tenant,/ton ant, In oommon), hir,Inâ€¢ flir c *11, d Purch,Der,horiby preâ€¢,to buy thi Propirty,and the undirâ€¢+Mid own,rtâ€¢),hor,Inaftor oâ€¢Iled Seller, hiriby igre,t to 1,11 th, Propirty upon thâ€¢ tirm, Ind condition, It alid hor,i n, 8. Thipuroh., price,hallbâ€¢U.8.11.073,000.00,p.y.1,1... follaw,:110â€¢000,00 hereby r.colpted for; and an additional $40,000.00 in earnest money to Coatee, Reid and Waldron by Auguit 10, 1988. Thi remaining $1,023,000.00, plus purchaser'a customary cloâ€¢ing coscs, to bâ€¢ paid via wirâ€¢ tranâ€¢fer upon delivery of dead a, herain provid,d. 4. Prlootolnolude: any and all work performod on the 8it8 (including but not limited to f â€¢oile. oite work, surveys, ate.) by tho *ollor or in the poisession of Beller, Ind th, following wator right,1 a.it .41 -Â®.4 lk-11 4.4 â€¢â€¢jol .~ 44 AS-Â£~,6â€¢.>tÂ¥6X~ /3 6Â£-0., J A/.AL. 6, Ifinvwlvinistobool,talrtidbyPurchasertromathlrdpirly,Purchi,ir â€¢trio,topromptlyanddllt:orttly(â€¢) ~ apply for Duch loan, (b) Ix,cul, â€¢11 documinu Ind furniâ€¢h all Information and dg,wmint, requlrcd by thâ€¢ 1â€¢ndâ€¢r, ind ~ (e)pay theoultomaryee,tiof obtainint,uÂ¢hloan, Th,nthuchleant,notapproved onorb,forâ€¢ N/A , 19-Nihr If .O approved but i, not available al tlm, of,lo,Ing, thts contriat ihall bo null and void and *11 paymint, ind thin/of valwor,oolvidhoroundor *hallb, returned to Purchao,r. 1. If â€¢ not, Ind trvit deâ€¢d or mortgage 1, to bâ€¢ â€¢Diumâ€¢d, Purchair arree, to'apply for . loan &,sumpflon 11 I required Andâ€¢grie, top*,(l)*lointran,tor fo, not,e,zeâ€ždl N/A ..Aft),MInt,râ€žtâ€¢â€¢to not to,Moled N/A 90 per *nrum. 1 f tho loi n to be mâ€žum,4 ha, provl,lon, for a,harid equity or virlâ€¢ble I Inter,It :*10, or variable psyminti, thtâ€¢ â€¢antriet 11 condleonod upon Purahâ€¢,ir reviewing and oon,â€¢ntin, to *u,h pr ovt â€¢tone, I t t hi lo n 4, r 'Â§ 00 rn, i n t to a lo a n â€¢, i w m p tto n 1, ro q u i r i d, t ht, c o ntr a c t t i oon d I ti o n edi u po n o b t, I ni n g s w ih eor,ent withoutehang, Inth, tâ€¢rmiand condltion, of,wch 10, n exe, ptioh,r,In provided, 7. I f a notâ€¢ 1, to be m id, poÂ¥*bl i tu Hitle r a. purti il or p 11 pa y m,nt ot tho py roh al, p rlo,fi thi s cont rae t,h all no l tor thls dato ihall bâ€¢ paid b~~~~.---L - _ L.~<~~~ AIDIn OHIO. â€¢ 720 Eâ€¢â€¢t Hyman. A,DIX *40400 8161 1 i (303)IZOÂ·t 400 â€¢ (3031~026[7091 l/-- N Sne-le, OMIC, 0 801 8450. 880.maw 7 bowmaaa Villaoi, GotÂ©400 8 i Â§18 â€¢ (0031,2,1,60 j / \11 3 0,4-ob#*-04$44*4040-4~-44*Pâ€¢â€¢4*40~14â€¢4U.A&1â€¢â€ž4â€¢a,twrient commitment for titt, In,wrance polley In â€¢ n â€¢mount â€¢qwâ€¢1 â€¢ th, Derthâ€¢mptici, â€¢t Â§011,r'; Im),n-Â·â€¢â€¢,â€¢ .*p.nie, 1~11 b. furrd,Mod to Purcha,ir on e Worl -JI,t,t A p -640 0 1. R A- 4+0.441.di- 0.Â·Nf .b.h..)11â€¢14(404~0*w.nellimmAâ€¢mâ€¢-Sâ€¢ 11â€¢r will dâ€¢tiâ€¢â€¢.th, Uttell,ounni /11*,t,Pur,hâ€¢*.,ofâ€¢â€¢â€¢1.â€¢t~.a,~d pay t}~1 premium th,rion. 10, Thâ€¢ diti of,lo,Ing *hall bi thâ€¢ date for dettvory of deed a, provld,d In por:,raph 11, The how, and place of 010,Ing #hâ€¢11 be u dogignaud by Coatag, Reid and Waldron 11, Tittolhall be morch*ntabl,In 8411*r,oxcepta, itated In thi.pararraph and In pararraph, 12 And 13. Subjact ~ to Paymentor Wnder 8, abov, proild,4 Ind oom,11,nee by Purchal,r with thâ€¢ 51*" t~m.~ind provl,lon, horiot, g B,Uâ€¢r .hall ...cut. and deliver a good and sufflolont 6441/â€¢1â€¢ 10'*9 wirr<ht, dâ€¢ed le Pwrehaiâ€¢r on November 28, * . 88,.; hy mutuâ€¢)â€¢irl'mont, atinearliâ€¢,datl. oonveying thi Proporty fr.. and H el.,O, all t,.,0,0..,#th* Nnâ€¢raltâ€¢1â€¢1 for th, yom, ef elo,Ing, and I,Inlr hâ€ž and elia, of,1111â€¢nâ€¢ for â€¢pl,tallmproÂ¥â€¢mentâ€¢ initall,4 81 of l),0 4â€¢t, of Pgrchâ€¢,or'â€¢ 11:nator, hâ€¢reon. whither ~ â€¢--d or not; hee and *lea, of all Ilana and,noumbranâ€¢,1 In,ltÂ· â€¢wipt th, folio wing ristri,Uve,ov,nant, whlchdonot contain a right of revorter tho.a not rond.ring title w,mâ€¢rehantable . and â€¢*,0,1 lh, followlne.-lfle ,â€¢00Ked andfor appirint.al,mont.: reaervationl,~t#11Tthqtion, of record ind/or apparent. All retencions by thâ€¢ Unitad State, and/or Colorado of mineral, coal. wl~5,4.ochermal anit,N)Â¥Alltdit,M#â€¢11#108#,AthAR,Altilitiâ€¢* , 11, Except al itatid In par,graphâ€¢ 11 and U,Iftlttel, not morchant,kiâ€¢ â€¢CA,r'jl,11~211Â¢â€¢ of d, fi,to) 11*vin by ~~ Pwrihi,r or Puith-or'â€¢ agâ€¢nt to â€¢Iller or Billor'i â€¢,â€¢Mt oft or b,foro.m==+44, 811.r ah.11 u,, ret,OMAble â€¢ffort â€¢ Â¢orrect Dald dlflit(â€¢) prior to datâ€¢ of oloil n F If Boiler 1, unâ€¢blâ€¢ to correct 18 Id dit,Â¢0) on or be far, d ati of eleâ€¢â€¢ing, â€¢t 80110,0, option and upon written notte, to Pu,ch I,t or Purehoâ€¢â€¢r'* atent on or bâ€¢for, date o f clo,Ing. th, dati of clo,Ing,hill boâ€¢xtâ€¢Mdid thirty day, forth, purpole ofoorrooting,al,14.feet(,), Except â€¢, Int,d In pirieraph 11.lftltli l: notrindâ€¢red mer,hantabli aâ€¢ provlded In thl, paragraph 12, al Pureha,er'l option, thi, contrail ihâ€¢11 6, void â€¢nd of no offoct â€¢r,4 ,â€¢th party h,retâ€¢ â€¢hâ€¢11 b, r,les,ed from *11 obil:,tion, hereunder and &11 p,ym.Al, and thing,of vily* reeolvil hor,under,hall N returned w Pwrchaâ€¢er. 11, Anâ€žnoumbranâ€¢â€¢ râ€¢qulred to bl pold may b. paid â€¢t th, tim, af .â€¢lttomint from th. proce,di of thiâ€¢ tran,lotlon or trim â€¢ny eth.r .ouro.. Provided, how,vor, 0% thi option of .ithor party, If th. total indebtedr,en 1â€¢eurid Â»llen,on th, Propirty *xe,Id:the purcha,0 pricâ€ž tht, contract,hall bâ€¢ void ar 4 of no effiet,Ad i ach party hâ€¢,09 Â»hall ber,leaud frem all obll,â€¢tlon, her,undor and al paymenu and things of valu, ric,lved hor,w nder ,?,11 b, rolurnod to Pur,haâ€¢,r. 14. 0*Moral laxâ€¢â€¢ forthâ€¢ Via, of 0101{nâ€ž ba,od on th, most r,cont lovy Ind the moll recent â€¢tsâ€¢,amint, Propold rontâ€¢, water rints, 00*or ronti, PHA mort,ag, In,urinciES#DUum, and inter,st on enÂ¢\ImbranÂ¢â€¢.,d any, and - homiowner'Â§ aâ€¢sâ€¢*,mentâ€¢ C,M.,71 ll" .:hall b, Apportion,dtodit,of d,I{veryof died, 1 18. Poouoilen ofth,Prepertish:!]bodollv:red te Pwreha.eron delivery of died â€¢uhl,et to thi folloâ€¢In,!00.0. or tinanoles; N/A Il. In th, ovent th, hopirty 11 subitintlilly d amaged by nre, flood or other ealually bitwien the dato of 0 . â€¢ontr..t Ind th, dati of diltvory of d,ed, Pure haier m,y eliet w term I nate th!, contract; In which o al, all Diyminti and thing. .f v.lw, r...ived hor*under,hall bor,turned te Purchi,or. 1 17. Tlmel,of thle,Hneeher,of.tfan,notiorehockrituivid a, earne,tmon,yhor,underotartyolkirDA,rnint H du, hor,under 1, not paid, honored or tendered when due, or If any other obtlgatlon her,under 11 not pirforrnâ€¢d as ~ heroin ,r,vided, th,re ah,11 both, following r,medle,i C.) 11 rtiRCHASER iS IN DEFAULT, thon â€¢11 Pâ€¢ymint, and thINâ€¢ of valwo recolved her,under ihill be forfolted by Puâ€¢â€¢huor and rit,Ined on bihalf of 8,11,Â· and both portiaâ€¢ â€¢hall thereafter be ritiand from â€¢11 Compt al providâ€¢d In â€¢ubporâ€¢,rD,h (01) Bre tho BILLER'8 8065 AND ONLY REMEDY for the Purch...r': IL â€¢bll,â€¢tionâ€¢ herâ€¢unde. It 11 arroid thet :uch v.ymint, and thing, of valuâ€¢ are LIQUIDATED DAMACKS â€¢nd failure to perform thi obltgatton, of thl, eontrait, 0,11.r ox,r,â€žly walvi, th, r *rnedli, of Ip,Â¢1(Ic porformingâ€¢ and tddltiâ€¢nal dams-â€¢ (b) IF IILLER 18 IN DEPAULT,(1) Purehaoit mi, .lict to triat tli contract,â€¢ torminated. In whick eâ€¢iâ€¢ ~ â€¢11 parm,nts and things of valu. r,6, Ived he re undâ€¢r â€¢hall b, riturned to Pu rchi,or an d Pw rch ale r m ;, râ€¢cover â€¢uell â€¢1â€¢magi, u may be propir, or (2) Pur,hal,r ma, 0 1,01 to tre al th 1, contract 8, b,Ing I n fult for e, ind if fiet â€¢nd Purch...r .hall hiv. thi rl Fht to an action for aps et fle pe r fÂ¢ r mar,Ge or d, mage:, or bolh (c) An,thln. to thi oontrary her,in notwlthâ€¢tâ€¢nling, In th, event of â€¢ny lit{:â€¢tlen â€¢rl,(n, out ot :,1, contraâ€¢Uhoâ€¢ourtriâ€¢yaward to th, pr,vililn,party all rea,onabl, 00:t: and â€¢*ponâ€¢â€¢, In:ludIng Attorneyi' fâ€¢â€¢1, 1 11. Purehowrand 80!lerarroothit,Inthoeventof ortyÂ¢entrover,y r,glrdingthâ€¢â€¢arneâ€¢lmoni,hildby broke, urdil, mutual *rattin Instruction toriceividbybrok,r, broker,hAI) hol b, required totike on y ait loa but may await 1 Iny,r,Â¢*041nl,oratbroker'loption anddlâ€¢crotton,mayintorpload anymon,Viorthing,of valw, Into court g ad may 1 r,UVâ€¢,#urt,Nt, And r..0,nabl, Attern.y,0 f... 1 Clith_18-0- r Â« v o -- 1 / r '. 4. p - 10. Additional,rovilionit 8â€¢â€¢ Addandum A attached hereto and incorporated horein. or by mail:ram/eâ€¢logram/facsimile ' 20, If thil,~Ups!*I. ac"pted by 8,11,r In writin,And Pwr:hair ri,olve, notlw of ou,h,oce,tan~ on or before 11129.11292..~RO ULU, this Initrument,hall bicom, a contrict bitwoon *,Uor and Purch, .r ed #haR ~ . bonR of the h,Ar,â€¢ â€¢wooâ€¢â€¢lor, and al,I:ljdfJuch pirtle*,0.-pt.,t,t*d In paratraph 7, 6 - (40 limh {44 41/1< Brokir Coivii, Reid Ant Wdron W fÂ« MAIU (P 46.ajilit' . Dew (6Aober hki re*. Pureha..i'* Addroil Livel 3. 6 Waâ€¢t St.. North 5,Â£!n.v N.R.W. AuaR.IdliA (Thi following *Â«tle* 12 6*,-platâ€¢d by hller 811/ Uatia, A,-0 81. 8.11.r ae.,pt, thi aboxirrop"â€¢1 thle - day of .1. ..4..... W pay a ..mmt,â€¢lon of 7Â·Â·} â€¢ of th. pur,hs. pile* for ,â€¢rvlus In tht, trâ€¢Maotten, and ave., that. In th, ovent offorfolture of pi,minti and things of valia, i,oilÂ¢,4 hor,undir, woh paymenti 64 thing. of value shill k dlvld,d b,twion Ilitin, brok,r and Soller, oneâ€¢halt ther,of 60,â€¢Id brok,r, but not to,looed thi eommiliton, and th, bilan. I kll.8 1.110, \LÂ·Â»A <..661 4, .(DL 6%Â» 1 46- 8411*r'* A â€¢1,1,â€¢â€¢â€¢ Llotln,Broker'INamâ€žndAddro,o'Brian L, Hamen. Coatel, Rold end.Wildron 720 1, Hyman, Aspon, CO 81611 . 1 EXHIBIT "A" LEGAL DESCRIPTION A portion of the 1001 Lodo Mining Claim USMS #1741 situated in Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian more particularly described as follows: Deglflnlng at Cornor No. 3 of the 1001 lode, MS 1741 whence an iron post with brass cap affixed for Corilir No. 1 of A.pen Townsite diaft N. 66' 11' 30" W. 132.60 feet; thence S, 47' 07' 00" W. 1000.00 feat atong the :outheasterly line of th, said 1001 lod, to & point; thlnce N. 450 10' 00" W. 300.00 foot along the northeasterly line of that land described in Book 390 at Pag, 897 of tho Clerk and Recorder: office of Pltkln County, Colorado to a point on the northwesterly line of said 1001 Lode; thence N. 470 01' 00" E. 968.65 flit along the northwesterly line of said 1001 lode to & point on the southwisterly line of the Ute Addition to th* City of Aspen, thincâ€¢ Along sold $Â©wthwast,rly line of the Ute Addition S. 39* 57' 22" t. 178.31 feet to sold Corner No. 1 Aspen Town:ltet thence N. 28' 28' 00" E. 49.54 felt along the loutheatterly line of Lot 1 Ute Addition to the City of Aspen said line also being b.twien Corner 1 and 2 of tha Aspen Townsit, boundry, to aÂ· point on the northeasterly illne of sald 1001 Lode Claim S, 45' 16' 00" E. 137.64 flit along the'northeastâ€¢rly lini of :ald 1001 Lode to Corner No. 3 the point of beginning. Containing 6.732 acres mori or los:. And al:o; a tract of loAd situated in the SE 1/4 N/W 1/4 of Section 18, Township 10 South, Range 84 West of the 6th Principal Moridisn, Pitklr) County, Colorado being more particularly describid as follows, BeginAing *t Corner No, 3 of the 1001 Lode, M.S. 1741 whence Corner NO, 1 of Aspen Townsite beart N. 66' 11' 30" W. 132.~0 foot; thence N. 47' 07' 00" E. 2.20 feit along tha northweiterly line of Lot 1, Hoag Subdivision to a point on the southerly right-of-way of Ute Avenve; thence N. 33' 48' 30" W. 149.99 faot along said right-of-way to a point on Line 1.2 of $41 d Aspen Townslte; thence S. 28' 28' 00" W, 33.08 feet along sald Line 1-2 to a point on Line 3-4 of said 1001 lode; thence S. 43' 10' 00" E. 137.64 foot along :&14 Line 3-4 to the point of beginning. County of Pitkln, Stato Of Colorado. /f A $ j. - Addâ€¢ndum A to that Vacant Land Contract To Buy And 9â€¢11 Real Estati dated July 23, 1988, By Peter Coventry and/or assignâ€¢, Purchaser A. Coates, Reid and Waldron advimis all partio, concorned of thâ€¢ir right to seek legal counsel on any and all aspect, ct this traniaction. B. Pursuant to the Colorado Real Estate Commismion Rule E-15, Purchamer hereby acknowledges prior, timely receipt of notice that Coates, Roid and Waldron in the agent of thi Seller and 18 not representing Purihamer al Purchamer'a agint in this transaction. C. Pursuant to ordinance 20, Sorieâ€¢ 1979 of the City of Aspen, a Real Estate Transfer Tax in thi amount of ona-half of one percent (1/2 of ll) of the purchase priÂ©â€¢ shall be payabla by the Purchaser at cleming, which tax th, Purchamer hereby agrees to pay, This ihall only apply to the portion of the property that 1, in thi City. D. This Contract may be exicutâ€¢d in counterpartâ€¢, and all â€¢c executed ihall conititute an Agrooment, binding all parties horito, notwithâ€¢tanding that all the parties are not â€¢ignatory to the original or the same counterpart, E, It ia hereby mutually agreed upon by all parties to this Contract that, if nace,â€¢ary, tâ€¢lograph or Facsimile communication and/or accâ€¢ptance shall be an acceptable and binding form of communication. Coates, Reid and Waldronts Fax number 10 303-925-2895. F. All earnest monie, are to bi placid in an interest bearing account with intâ€¢reit accruing to the benefit of the Purchaser. Purchaser'i Social Siourity Number 1,1 A' 6 Â·14 - 7*31 i G. The Purchaâ€¢â€¢r's obligation to complete thi closing of thi real estate purchase contemplated her,in ia specifically contingent upon thâ€¢ â€¢ucceâ€¢â€¢ful completion of a lot â€¢plit application with approval for the crlation of two lots out of th, real property. The Purchalâ€¢r'Â§ obligation to clogÂ® is further contingâ€¢nt upon the ability to construct at leait two single family râ€¢midenoes on the property following thi lot split with â€¢ach residingâ€¢ having a minimum square footage, excluding improvementâ€¢ which are not uned for galculating floor area ratio, of 5,500 feat puriuant to the provisions of thâ€¢ Aâ€¢pâ€¢n Municipal Code. Purchaser ahall promptly apply for and pay all costs ausociated with obtaining lot split approval. Seller agrees to make available all prior surveys, plana, devolopment applications and all other documents and informatlp and dovelopment of the real propert 0Â«64:444*:' ,00.0/posseasion or in the poile,â€¢ion of Allorm representatives employe,0 or agents, 41\ bÂ®-4./~r..,Â·0+ 4-MA,-4,0â€¢4. 2. 6..akAL-D...2 67&â€¢LIL, 40 Pen..kAL'.4 94*4 A-7 r~~,Ll-Râ‚¬A~~~F-~% efuu.-4 '1 ALA, oA .1 046-/1 *M. It is Purchaser'g intention to ule Vann & Associates of UWA,-,1 661,1. Aspin, Colorado an a zoning/dâ€¢vâ€¢lopment conaultant. Purchamâ€¢r may, however, conault such advisors including architects, designers, attornly, and tha liki of his choice in procioming the lot iplit and development applications. In the event lot split approval, as desgribed above, is not obtained on or bifore November 28, 1911, and provided Purchasor hal explditioully submitted an application for lot split in accordance with thi riquiraments of thâ€¢ Aepen Municipal Codi, Purchaser shall oithâ€¢rf 1, Cloie on No~8, 1988, ort 1 pagâ€¢ 2 Addlndum A to that Vacant Land Contract To Buy And 8â€¢11 Râ€¢al Estate datid July 28, 19â€¢â€¢, By Peter Covâ€¢ntry and/or asâ€¢igni, Purchaser 2. Elect to terminate this contract and all earnâ€¢â€¢t money ia to be returnâ€¢d to Purchaser 1,0, the amount nices:ary to pay in full all unpaid oxpeniâ€¢â€¢ incurrid by Purchaser pur,uant to the lot split application. Mâ€¢chanies lion walver, shall bi thi mutually accepted evidence of full payment, or; 3. Requlat in writing a 60 day Exten,ion (or longer by mutual agreement). This Extension shall be at 8â€¢11â€¢ria option, and should Seller agrâ€¢i to give Purchaler said Extension, Purchaier shall pay to Seller interiâ€¢t on the gross galls price (01,075,000.00) at the rate of 134 per annum from 11-28-88 until cloâ€¢ing or tâ€¢rmination of thi; contract. If lot mplit approval im obtalned during thiâ€¢ Extinsion, Purchaser mhall close within 7 dayâ€¢ of â€¢aid approval. If lot split approval im not obtainad during â€¢aid Exten,ion, purchai.r may either gloBe thâ€¢ transaction or terminate this contract as per #2 above. If Sollor refuses Purchager'B request for Extâ€¢nlion, thiâ€¢ contract 11 terminated as per #2 above. I, Thâ‚¬. Prbe....11 4 -6 64 .914 eA .4 AS-IS, UHÂ¢Â¢0--0 4.4, w.44 AL ~ '30. st,6. 64.-11 6Â£ c.4,4.60 -6 -11 ..,ork; pr.,Â£,4 r..LS& 40 44. Prf.4f #A,44 Pun.A...4 9444=i.J or e..4,~.,4 44 , 4, Jugh work f r.ew.+ i'â€¢ *AÂ·Â·41 4#46. CJ/4 4 Pw,.Aue.., a., 6, a Lit L. A. cuit or *,4.,3< rc. (0.4.9 -4, 411 Ive-4 Coorkprb.LWG+, 1. An.~ Pi.-+~ 17.Â°4 Â¥4, P,0-gu..4~ 64.-11 rÂ·,u,r, Sc.t kes 22,or ' wr, +#â€ž 04fprou.1Â· Allit-led EXHIBIT 4 VANN ASSOCIATES P'anning Consultants October 1, 1988 HAND DELIVERED Mr. Alan Richman Planning and Development Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Richman: Please consider this letter authorization for Sunny Vann - of Vann Associates, Inc. to represent me in the processing of my application to subdivide the 1001 mining claim which is located on Ute Avenue in the City of Aspen. Mr. Vann is hereby authorized to act on my behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if I can be of any further assistance, please do not hesitate to contact my attorney, Rick Neily, at 925-9393. Sincerely, ~Ij /1 1 1 ; f ~ /,r , 1 . r--1 .,1 _>t i ~ ~ /f / / 21-= Peter Coventry f t.,/ #~7ill, 1934 fO, i f i // i 1 1 / f ; , ' i .'\ \ SV:CWV 1 k. 0 1 \\9 = P O Box 8485 Â· Asoep. Coloraao 81612Â· 303,925-6958 APPENDIX B EXHIBIT 1 9 N n 0! 0 A U .. I./ <-Z L) 1 , Recorded at o'clock . M. , --'.--'. R ' '-'72 Reception No. Recorded by rÂ·-''- -Tz 1Â·Â·Â·.V.#uuâ€¢. - N A r, r. C -3 AMENDMENT TO AGREEMENT 23% ij 4 3,; PH '83 ' Er~on VL *> This Amendment to Agreement dated,this 1 -2 day of ~ e.u Â£ , 1983 is between HARLEY BALDWIN ("Landlord") whose address is 1 West 72nd Street, Apartment 29-D, New York, New York 10023 and THE GANT CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation ("Tenant") whose address is c/o Destination Resort Management Inc., 11611 San Vincente Boulevard, Suite 860, Los Angeles, California 90049. RECITALS: 1. Reference is made to that certain Agreement dated I l July 16, 1973 (the "1973 Agreement") between DESTINATION RESORTS-ASPEN, LTD. ("DRA") and SMUGGLER-DURANT MINING CORPORATION ("Smuggler") recorded October 30, 1979 in Bcok 378 at Page 419 of the records of Pitkin County, Colorado. There is an unrecorded Amendment to the 1973 Agreement dated November 14, 1975. 2. In accordance with the Agreement, DRA constructed three tennis courts and other related improvements (the "Tennis Facility") on certain real property (the "Land") legally described as follows: A PARCEL OF LAND SITUATED IN SECTION 18, T10S, R84W OF THE 6TH P.M., PITKIN COUNTY, COLORADO. SAID PARCEL i BEING PART OF THE 1001 LODE MS 1741 AND MORE FULLY DESCRIBED AS FOLLOWS: b BEGINNING AT CORNER NO. 1 ASPEN TOWNSITE, THENCE N. 47Â°07' E. 47.57 FEET TO THE NORTHEASTERLY BOUNDARY LINE OF THE 1001 LODE MS 1741; THENCE ALONG SAID LINE S 45Â°10' E. 14.00 FEET; Boox 447 nsi 91 1 THENCE DEPARTING SAID LINE S 34'15' W. 29.00 FEET; 1 THENCE S 42Â°15' E. 55.50 FEET; THENCE S 02Â°15' W. 28.50 FEET; THENCE S 42Â°53' E. 25.64 FEET TO THE SOUTHEASTERLY BOUNDARY LINE OF SAID LODE; THENCE S 47Â°07' W. 126.78 FEET ALONG SAID SOUTHEASTERLY LINE; THENCE DEPARTING SAID LINE N 42'53' W. 166.00 FEET; THENCE N 47Â°07' E. 130.00 FEET TO THE POINT OF INTERESECTION WITH LINE 9-1 SAID ASPEN TOWNSITE; - THENCE S 39Â°57'22" E. 44.37 FEET ALONG SAID LINE 9-1 TO CORNER NO. 1, THE POINT OF BEGINNING CONTAINING 23,387 SQUARE FEET, MORE OR LESS. COUNTY OF PITKIN, STATE OF COLORADO 3. Landlord is the successor in interest to Smuggler under the Agreement, and Tenant is the successor in interest to DRA under the Agreement. WITNESSETH: FOR GOOD AND VALUABLE CONSIDERATIONS, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties agree as follows: 1. Ownership of Tennis Facility. The 1973 Agreement is amended in all places to provide that Tenant shall be the owner of the Tennis Facility. Tenant shall continue to have responsibility for the maintenance and repair of the Tennis Facility as provided in Paragraph 7. Upkeep of the 1973 Agreement. 2. Premises. The description of the leasehold estate shall be the Land described above. This description replaces and more accurately describes references in the 1973 Agreement to "that portion of the said 1001 Lode marked in red on the attached Exhibit "A". " -2- 200% 44 l FAGE 92 3. Use. The last two sentences of Paragraph 8 Use of the 1973 Agreement are deleted and in place thereof the following is provided: "Landlord reserves, however, the right to designate ten (10) persons who shall have the use of the facilities on equal terms with Owners and Guests. Every six (6) months, but not more . frequently, Landlord shall give Tenant written notice of the names and addresses of such persons who are authorized to use the Tennis Facility. No party other than Owners and Guests and persons designated in writing by Landlord shall be allowed to use the Tennis Facility. The Land shall be used for no other purpose except the operation of the Tennis Facility and ancillary uses. Except for the Tennis Facility, no other improvements shall be permitted on the Land. For purposes of this paragraph, the six (6) month periods shall mean January 1 through June 30 and July 1 through December 31 each year." 4. Rental. Paragraph 9 Fee of the 1973 Agreement is deleted in its entirety and in place thereof the following is provided: "Each year during the term hereof commencing January 1, 1983 and continuing until December 31, 2082, Tenant covenants and agrees to pay to Landlord without set-off or deduction of any kind, semi-annual installments of rent of $3,750.00 on or before January 1 and another installment of $3,750.00 on or before July 1." 5. Term. Paragraph 10 Appraisal and Paragraphs 11(b) (c) and (d) Termination of the 1973 Agreement are hereby deleted in their entirety. Paragraph 11(a) is amended to provide as follows: "This Agreement shall remain in effect until December 31, 2083, unless terminated earlier prusuant to the provisions hereof". -3- BOOK 447 mis 93 6. Relocation of Tennis Facility. In the event Landlord or its successors or assigns shall develop any part of the remaining portions of the 1001 Lode Mining Claim, Landlord shall have the right to demolish and remove one or more of the existing tennis courts included within the Tennis Facility; provided however, that prior to any demolition Landlord shall be obligated to relocate and reconstruct such tennis courts elsewhere on the 1001 Lode Mining Claim subject to the following: (a) Landlord shall be responsible for obtaining any necessary governmental approvals or permits to demolish and relocate the tennis courts. (b) There shall be convenient access to the tennis courts, as relocated, for the Owners of The Gant Condominiums and C their Guests. No tennis court may be relocated more than one hundred feet (100') from its present location. Such access shall be subject to approval by Tenant which approval shall not be unreasonably withheld or delayed. (C) The tennis courts, as relocated, shall be of equal or superior construction to the courts that have been demolished. To the extent practicable, construction shall be in accordance with the Tennis Court Paving Materials and Construction Specifications attached as Exhibit "B" to the 1973 Agreement. (d) All costs associated with the demolition and relocation of the tennis courts shall be paid by Baldwin. (e) The 1973 Agreement shall be further amended to delete from the leasehold estate, the tennis courts that have been demolished and to include within the leasehold estate the -4- BOOK 44 / PAGE 94 1 Â¢ tennis courts as relocated. Landlord shall be responsible for the preparation of such amendment in recordable form, together with any necessary legal descriptions thereto. (f) Any lands upon which the tennis courts are relocated shall be free and clear of all liens or encumbrances or in the alternative any holder thereof shall agree by instrument in recordable form to subordinate such lien or encumbrances to the leasehold estate for the tennis courts as relocated. At Landlord's expense, Tenant shall be provided with a leasehold title insurance policy covering the lands upon which the tennis courts are relocated. 7. Default. Paragraph 15 Specific Performance of the 1973 Agreement is hereby amended to provide the following additional remedies: If Tenant shall default in the payment of any rent when due as herein provided, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant, or if default shall be made in any of the other covenants, agreements, conditions or undertakings herein contained to be kept, observed and performed by the Tenant, and such default shall continue for sixty (60) days after notice thereof in writing to the Tenant, or if Tenant shall vacate or abandon the Land, then it shall be lawful for Landlord, at its election to declare the said term ended and in addition to any other remedies herein contained or as may be permitted by law, Landlord may either by force or otherwise, without being liable for prosecution therefor, or for damages, re-enter the said Land and again possess the same and the improvements thereon. With respect to any default where a sixty (60) day notice has been given to Tenant and provided Tenant has commenced to cure such default prior to the expiration of said sixty (60) day period, Tenant shall be entitled to reasonable extensions of said sixty (60) day period so long as Tenant continues with all reasonable diligence and dispatch to cure said default. Any improvements of Tenant not removed upon such -5- BOOK 447 mus 95 1 f 1 \ termination, or upon any vacating or abandonment, or upon Tenant's eviction shall be considered abandoned and title thereto shall pass to Landlord who shall have the right to deal in any manner with such improvements as the owner thereof and without being accountable or liable whatsoever to Tenant. The Landlord shall have a lien paramount to all others on every right and interest of the Tenant in and to the leasehold estate and on any improvements on or hereafter placed on the Land, - and on any furnishings, equipment, fixtures, or other personal property of any kind belonging to the Tenant, or the equity of the Tenant therein. Such lien is granted for the purpose of securing the payment of rents, herein covenanted to be paid by the Tenant, and for the purpose of securing the perfdrmance of all other obligations of Tenant to Landlord. Such lien shall be in addition to all other rights of the Landlord given under statutes of this State, which are now or shall hereinafter be in effect. In the event of any litigation or other action or proceeding between the parties hereto arising out of the performance or non-performance of any party hereto, or enforcement of any rights or remedies hereunder, the prevailing party shall be entitled in such litigation, action or proceeding to also recover as part of any judgment, award or other relief, its reasonable attorney fees and cots incurred. The Landlord and Tenant expressly waive any right which either may have to trial by jury of any dispute arising hereunder. Landlord's remedies hereunder shall not be exclusive and in the event of any default by Tenant or if Tenant shall vacate or abandon the Land, Landlord may exercise any other remedy it may have including forcible entry and detainer. 8. Indemnity. Tenant agrees to and shall save, hold, keep harmless, and indemnify Landlord from any for any and all claims, judgments, awards, payments, or liability, including attorney fees incurred by Landlord for any losses or damage to the premises or injuries or death to persons occasioned wholly or in part or resulting from any acts or omissions by Tenant or Tenant's guests, licensees, or invitees, for any cause or reason -6- BOOK 447 me 96 Â£ i whatsoever arising out of or by any use, occupancy or possession , of the Land or Tennis Facility thereon by Tenant. 9. Entry by Landlord. Tenant agrees that Landlord and its agents, employees, or other representatives shall have the right to enter into and upon the Land, Tennis Facility or any part thereof, at any reasonable hour for the purpose of examining or inspecting the same or for the safety and preservation thereof. This clause shall not be deemed to be a covenant by the Landlord nor be construed to create an obligation on the part of the Landlord to make any examination, inspection or repairs. Tenant shall at all times provide Landlord with any keys necessary to enter into the Tennis Facility. 10. Sublet or Assignment. Except as to any mortgages, security agreements, or other liens that may be created or granted by Tenant for the benefit of Landlord and except as to use of the Tennis Facility by "Owners" and "Guests" as permitted under the 1973 Agreement, Tenant shall not let, sublet, relet, set over, assign, hypothecate, mortgage, pledge, or otherwise in any way transfer or encumber or suffer to be used by others this leasehold estate, the Land or improvements thereon or any part thereof. 11. No Waiver. No assent by Landlord, either expressed or implied, to any breach or default of any one or more of the covenants or agreements herein shall in any way be construed as a waiver of any succeeding or other breach or default. -7 - BOOK 447 PAGE 97 12. Notices. All notices required under the terms of the 1973 Agreement or any amendments thereto shall be given in person or by mailing such notice by certified or registered mail, return receipt requested, to the address of the parties a shown at the beginning of this Amendment to Agreement, or to such other address as may be designated in the same manner. If not sooner received, any notice given by mail shall conclusively be deemed received five (5) days after the date of certification or registration. Copies of any notices to Landlord shall be sent to: Ronald Garfield GARFIELD & HEHCT, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 Copies of any notices to Tenant shall be sent to: Nicholas McGrath AUSTIN, McGRATH & JORDAN i 600 East Hopkins, #205 - Aspen, Colorado 81611 13. Miscellaneous. In the event of any conflict between the provisions of this Amendment to Agreement and the 1973 Agreement, the provisions of the Amendment to Agreement ~ shall govern and control the obligations and performance of the parties. All provisions of the 1973 Agreement not inconsistent herewith are reincorporated herein and reaffirmed by the parties as though set forth in' full verbatim. IN WITNESS WHEREOF, the parties have signed this Amendment to Agreement the day and year first written above. BOOK 447 PAGE 99 ACKNOWLEDGEMENT PAGE TO ( AMENDMENT TO AGREEMENT STATE OF \ '-0 L.0 K,A <)0 ) ) SS. COUNTY OF 91 -1 fl a j The foregoing Amendment tio Agreement was acknowledged - before me this 1017* day of , 1983 by \21"Â«- Â·Â·.:R/,INAnn 4, 13/1,7/cal J)'3 , President of and on behalf of THE GANT CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation. WITNESS my hand and official seal. My commission expires: N-/5293 . \1 â€¢1 C,yÂ·2~'. My address is: lÂ£01 4 . 1Â·|Ltrr,hn 10 r . - '4/4 114) hilill 1 1 24[ M?1, ... 23*4, 14 oupj r Notary Public J. .. 5:l.f#STÂ¥'DE::op dp. Co â‚¬ A n o ) SS. ~ COUNTY OF 7~ 770-/l~ ) The foregoing Amendment to Agreement was acknowledged - ,- Â·before me this /0'64 day of 1 L //LCD , 1983 by . 1 /1.-4 4(' 07 9. 4.06{ ae/ , Secrep'ary of and on behalf of THE GANT CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation. 1 + I i K O lj,Â·~ot~+ WITNESS my hand and official seal. I M IL My commission expires: 4-/9-87 : 07,-- 3.. My address is: ' '.,E ilf,Ocr #U Cc *fc:. /4. ti #31 1<16( / .. 9 0 A ' 41,3 1-10 /.3 3 9.4101 41 Ouilou.fc f D â‚¬ Notary Public ~ , r. 7 OF c o L V,.. . , . '1 - 18 - ... /.1/1,1,1/fl, APPENDIX C /1-:- f Chen & Associates Glenwood Springs, CO 81601 Colorado S EXHIBIT 1 5080 Road 154 Casper Consulting Geolechn,cal Engineers 303/945-7458 Denver Â· Fort Collins Rock Springs Salt Lake City San Antonio ENGINEERING GEOLOGIC RECONNAISSANCE AND MINE DUMP STUDY PROPOSED RESIDENTIAL DEVELOPMENT 1001 CLAIM, UTE AVENUE ASPEN, COLORADO Prepared For: Dale C. Bullough 5960 South DTC Boulevard, Suite 600Â· Englewood, CO 80111 Attention: Mr. J. R. Mcintyre Job No. 4 423 86 November 21, 1986 TABLE OF CONTENTS SCOPE AND PURPOSE OF STUDY 1 1. ., PROPOSED DEVELOPMENT 1 . : SITE CONDITIONS 2 GEOLOGIC SETTING 3 Site Geology 3 POTENTIAL GEOLOGIC IMPACTS 4 Snow Avalanches 4 . , Potentially Unstable Slopes 4 Mine Dump 5 Subsidence Due to Underground Mines 5 Debris Flows 6 Soil Erosion 6 Seismicity 6 MINE WASTE TOXICITY 7 1 PRELIMINARY FOUNDATION TYPES 8 LIMITATIONS Â· 9 1 4 BIBLIOGRAPHY 10 FIGURE 1 - SURFICIAL GEOLOGY FIGURE 2 - GRADATION TEST RESULTS TABLE I - SUMMARY OF TEST PIT PROFILES TABLE II - SUMMARY OF LEAD CONCENTRATION TESTS TABLE III - SUMMARY OF EP TOXICITY TESTS j Chen &Associates SCOPE AND PURPOSE OF STUDY This report presents the results of an engineering geologic reconnaissance and preliminary mine dump evaluation for the proposed 1001 Claim Residential Development located in the south- eastern part of Aspen, Pitkin County, Colorado, as shown on Fig. 1. The study was performed as authorized by Mr. J. R. Mcintyre. This report describes the general engineering geologic condi- tions at the site and identifies potential geologic impacts to the proposed development. A preliminary evaluation of the poten- tially toxic constituents in the mine dumps on the property was also made. The study includes a review of published geologic literature, a geologic site reconnaissance, test pit excavation, and chemical analysis of mine dump samples from the test pits. The purpose of this report is to provide the owner with a prelim- 1 inary site characterization to aid in planning and preliminary design. PROPOSED DEVELOPMENT We understand the proposed development will include subdi- l vision of the property into four duplex residential lots and an access road. We assume the structures will be wood frame con- 1 struction and typical of residences in the area. The development will be serviced by Aspen municipal water and sewerlines. There 1 are various development configurations being considered for the access road and the proposed structures. The proposed building 1 Chen &Associates -- 3- locations for Alternative 1 are shown on Fig. 1. Because of the steep site terrain, grading will be an important aspect of the property improvement. f, SITE CONDITIONS The site consists of approximately two acres of land that is occupied by mine waste piles and tennis courts. Ute Avenue borders the property on the north. Existing residential develop- r' ments are adjacent to the western and northwestern boundaries of the site. The land to the south and to the east of the site is [ undeveloped and forested. The property lies near the toe of Aspen Mountain on the southern edge of the Roaring Fork Valley. The site topography is I irregular and generally slopes steeply down to the north. The natural terrain has been modified by a large mine dump near the middle of the property. Slopes in the area of the mine dump are locally as steep as 100% but generally 65% and less. The lower part of the site has been leveled and three paved tennis courts constructed. The tennis courts may remain in the present location or may be relocated as part of the development. An old r railroad grade lies to the south and upslope of the mine dump and If is paralleled by a trail approximately 70 to 80 feet further i upslope. We understand the upper trail bench has been constructed in the last year or two. Above the mine dump, the natural slopes are thickly vegetated with aspens and pines. The mine dump is sparsely vegetated with lT 1 Chen &Associates -3- grasses and brush. A few cottonwood trees grow on the lower parts of the site near the valley floor. . GEOLOGIC SETTING The geology in the project area is complex. Three major structural elements, the Sawatch Uplift, the Colorado Mineral Belt, and the southwest part of the Eagle Structural Basin come together in the vicinity of Aspen, Colorado. The bedrock in this area is complexly folded and faulted. Regional geologic mapping 2 ' ~ Â· of the Aspen area (Bryant, 1971) indicates that the near-surface bedrock beneath the site is a complexly faulted series of Cam- 1 brian to Mississippian-age sedimentary rocks and Precambrian igneous rocks. Bedrock outcrops are not present on the site. 1 The Roaring' Fork Valley was occupied by valley glaciers during the Pleistocene. Glacial deposits occur at places on the valley slopes and along the valley floor. Site Geology: Our interpretation of the surficial geology on the site is shown on Fig. 1. The surface deposits on the southern part of the site above the mine dump consist mainly of colluvial soils composed of angular rock fragments in a clayey sand matrix. These deposits are identified by map symbol Qc. Near the center of the site, the mine dump is the surface deposit. The mine dump is mainly angular limestone, shale and igneous rock fragments in a clayey and silty matrix. The mine dump is identified by map symbol MD. On the lower part of the site, the soil is a poorly sorted glacial moraine deposit which ranges from clay to boulder-size Chen & Associates a - -4- r. . particles. The gravel to boulder sized materials are generally subrounded. The glacial deposits are identified by map symbol Qg. POTENTIAL GEOLOGIC IMPACTS .. Based on our geologic evaluation, several conditions of a geologic nature have been identified which should be considered during development of the site. These conditions include poten- tial snow avalanches, potentially unstable slopes, the mine dump, potential subsidence due to underground mines, the potential for debris flows, erosion potential, and seismicity. Snow Avalanches: The vacant area directly adjacent to the property on the east has been identified as a snow avalanche track (Hears, 1979). The distribution of vegetation and broken S trees indicate that an avalanche probably occurred here in the 7 relatively recent past. In addition, the steep slopes on the upper part of the site and directly above the site have been identified as a potential avalanche area (Colorado State Univer- sity, 1974, Bryant, 1972 and Mears, 1979). Several small to moderate-sized avalanche tracks occur above the site. We recom- mend that an avalanche expert be consulted to evaluate the 9 : potential for snow avalanches and impact on the proposed : 1 development. Potentially Unstable Slopes: Evidence of landslides was not observed on the site. The slopes on the property are steep to locally very steep and extensive site grading for the development may be needed. The slopes may be subject to movement due to the Ui j Chen & Associates P..1 -5- site grading or construction. The sections of the site which may be affected by potentially unstable slopes in our opinion extend from the tennis courts to the south boundary of the site. When grading plans are more complete, we should be contacted to provide geotechnical evaluation. Site specific geotechnical investigations should be conducted to evaluate the stability of proposed cuts and fills that are planned in the areas above the tennis courts. Mine Dump: The dump covers approximately one-half of the area of the property. The mine dump materials, based on our experience, do not comprise a suitable soil for providing foundation sup- port. These materials may be extremely variable in texture and density and may include miscellaneous debris such as mine tim- bers, old metal Oaste, and other debris. The impacts of the mine dump materials with respect to building foundations and toxicity i potential are discussed later in this report. 1 Subsidence Due to Underground Mines: The apparent source of the mine dump materials that occur on the site is the Lower Durant , Tunnel. The portal for the tunnel lies 200 to 300 feet to the 1 west of the site. During our review of geologic literature, we found no documentation of major underground mines below the property. The property lies to the east of the major areas of mining activity. Based on our reconnaissance and literature review, we believe it is unlikely that extensive mine workings underlie the site. The risk for mine-induced subsidence is considered to be low. Chen &Associates -6- Debris Flows: One of the major gulches that drains runoff from Aspen Mountain, Spar Gulch, empties onto a small debris fan approximately 300 feet west of the site. Historic floods and debris flows resulting from intense thunderstorms have occurred in the vicinity of Spar Gulch and have inundated areas downslope (Aspen Times, 1919; Aspen Times, 1964). A debris flow or flood originating from Spar Gulch could impact the lower, western . section of the site. Since other areas not involved in the development may be impacted, debris flow mitigation for the project can be handled by an overall storm water and debris flow management plan for the sections of the City of Aspen near the base of Aspen Mountain. The steep slopes above the site may constitute a potential source for small debris flows. This heavily vegetated part of the site should not be disturbed to help limit debris flow potential. We recommend that the potential for debris flow/flood impact on the site be evaluated by a surface water hydrologist and that high sediment concentrations be analyzed in connection with such events. Soil Erosion: Because of the steepness of the site, areas stripped of vegetation for construction will be subject to ero- sion. Concentrated runoff should not be allowed to discharge 4 onto steep, unprotected slopes. All stripped areas should be revegetated or protected by other means. Erosion control mea- sures should be made part of the overall development plan. SeismicitY: Historic seismic activity in the Aspen area has been relatively low. Potentially active faults have not been iden- Chen &Associates -7- tified in the project area (Kirkham & Rogers, 1981). In our opinion, the area does not present an earthquake risk above that normally considered for the region. The site is in Uniform Building Code Seismic Zone 1. -. Â· MINE WASTE TOXICITY A preliminary evaluation of the extent of the mine dump at the site was performed by making a geologic reconnaissance and by digging five pits with a backhoe. Our interpretation of the extent of the mine dump and the test pit locations is shown on Fig. 1. A summary of the subsurface profiles encountered in the pits is presented in Table I. Pit 1, located near the top edge of the dump where the depth is probably tens of feet deep, did not penetrate ,the pile depth. Pits 2 through 5, which were excavated near the periphery or in less extensive dump areas, penetrated the mine waste and extended into the underlying natural soils. Samples of the mine waste and natural soils were subjected to laboratory testing to evaluate their toxicity potential. The results of the lead concentration tests are presented in Table II. Three of the samples which showed the highest lead concentration were subjected to EP Toxicity Tests which are presented in Table III. Based on the laboratory testing and our experience in the area, the mine waste materials represent a hazard with respect to lead concentration. It appears that some of the natural soil below the mine dump could also be classified as a hazardous Chen & Associates -8- , material. We understand that mitigation of the toxicity hazard will probably consist of a soil cap and revegetation of the slopes. The specific mitigation plan and level of protection Will need to be coordinated with local environmental authorities. When more specific property development plans are known, an appropriate level toxicity mitigation plan should be included as part of the development plans. PRELIMINARY FOUNDATION TYPES Limited subsurface exploration was performed as part of the mine waste evaluation. The natural soils encountered below the mine waste consist mainly of coarse granular soils. The mine waste material is a variable type, relatively loose and contains miscellaneous debris. Building foundations constructed at the 11 site should be placed entirely on the undisturbed natural i soils. Where the mine waste is relatively deep, pile foundations will probably be needed. Where the depth of the mine dump is 1 f relatively shallow, excavating through the material and placing spread footings on the natural soil can probably be used. This procedure of foundation construction has been successfully followed on the adjacent Chance Claim Subdivision. When the building locations and grading plans have been determined, a site . specific subsurface investigation should be performed to determine foundation design parameters. .. Chen &Associates -9- LIMITATIONS This report has been prepared in accordance with generally accepted geotechnical engineering practices in this area for use by the client for design purposes. The conclusions and recommen- dations submitted in this report are based upon the data obtained from the geologic reconnaissance, the exploratory pits excavated at the locations indicated on the exploratory pit plan, and the proposed development plans. The information presented in this report is suitable for planning and preliminary design pur- poses. We recommend additional exploration and evaluation for specific grading and building design. If you have any questions or if we can be of further assis- tance, please let us know. Very truly yours, ,Â¢5:..8 tr r/1 /.-0 CHEN & ASSOCIATES, INC. gft.'~c:S 7 2,9..2773* 0.. 4. Oâ€¢ \ 17< ~ 1 5222 , ~ *~ Ek 1 Al A By *f#01 2 M,~/Ai 914 5.C rv â€¢ /7 Roy(Sp@ze, / 4.UP:,:.:,O':Al i:5:%32 EnÂ©.neering Geologist 124/;Â®:r .,1. rap Â·6' and By Sts=_a. Pa*Â»~1 Steven L. Pawlak, P.E. RS/SLP/ec CC: Doremus and Wells Chen &Associates Fir -10- BIBLIOGRAPHY Aspen Times, September 5, 1919, Page 1, Cloudburst Scatters Mud Over City. Aspen Times, August 7, 1964, Page 16, Worst Cloudburst in Years Floods Aspen on August 5. Bryant, Bruce, 1971, Geologic Map of the Aspen Quadrangle, Pitkin County, Colorado, U.S.G.S. Map GQ-933. Bryant, Bruce, 1972, Map Showing Areas of Selected Potential Geologic Hazards in the Aspen Quadrangle, Pitkin County, Colorado, U.S.G.S. Map I-785-A. Bryant, Bruce, 1972, Map Showing Avalanche Areas in the Aspen Quadrangle, Pitkin County, Colorado, U.S.G.S. Map I-785-G. , Bryant, Bruce, 1972, Map Showing Mines, Prospects, and Areas of Significant Silver, Lead and Zinc Production in the Aspen Quadrangle, Pitkin County, Colorado, U.S.G.S. Map I-785-G. Colorado State University, 1974, Pitkin County, Colorado, Lower Roaring Fotk Valley, Environmental Resource Analysis. Kirkham, Robert M., and Rogers, William P., 1981, Earthquake Potential in Colorado, Colorado Geological Survey, Bulletin 43. Mears, Arthur I., 1979, Colorado Snow-Avalanche Area Studies and Guidelines for Avalanche Hazard Planning, Colorado Geological Survey, Special Publication 7. Rohlfing, 1943, Map of Workings in the Aspen Mining District, Pitkin County, Colorado. U.S. Geological Survey, 1928, Field Record File, RQ-34, Mines of Aspen, Pitkin County, Colorado. Chen & Associates *0-- 1 2. . 1 r -: ..:.tÂ·.'p-'vt - - 6 , Â· 1 1 . - , /4 43' 5,62:11:,11%44 'Ni li\\ \\\.\\\\ r\IlL .. -/1.IV#-u~ 0 ..1 - -, - 3.:32;f. ' :---:2165/ Ill : / . '45 43 , 11 - )5\ /j' \/1 1 I i' *143 i ~'<ri... / 77 \ 1 .1 J''' '4 iii.)'." VI / I. . ' '' 1 <1 ' 1 -n 31 Qc it 1 1 % ':- MD Â· , t'. .. ..1 , 11/ \. . 1 , \A X.\\ \\ \ i> 3~-~3',114 +Â·r >; \ ~ ~---t~~ .~/----2:54';4'~: /~ ~i,U~?% ... ULA MD \U 1% -- 6 '' \0\004 -6 1, 0 . '4" N* ~-4,-_j:le % f 1- . \ A / 1 1 ID 2\\1 1 1 -r ) \ 1/554"- i / j . . / 1 b 4. ' k 0 1 1 1/ / 5/ r - %,2. 1\ 1 / %, ;.1.) 1 - Qgj 90 Ak -\ lili. i \ \\ ., , I --2 -0-0-7\ . -L 5 , 11 . . 1. ... --- Ii-, ....--,~----, - . - /4. t 4 1 w v . 1- ' .-. 4 -- - . I 2 ......N................6 ...â€ž - ...1...1,0. G] gl --- ............., ........ .L.C........1.. â€¢â€¢Iâ€¢â€¢-â€¢â€¢,4 -./. ................ LE] CO.L......0.4. SURFICIAL GEOLOGY 1001 CLAIM Chrn A A-,cialtÂ·, 2 -Je-uâ‚¬ <Ir CA-2-79 f,Mt ~l AOIN~, U 5 *,TANCAAD SERIE CLEAR SOUAAE OPENING chen and associates, inc. HYDROMETER ANALYSIS SIEVE ANALYSIS 1 2â€¢ HA 7 ..P Â·10 â€¢5 MIN 15 WN 60 WN 19 MIN 4 MIN 1 MIN .2)0 .100 '50 '40'30 16 4" V 5 6' r 100- ; : :/,1 : 0 1, 1111 1 1.1 '11 :1 1 & 11 [ 1 , 1 :11 1 11 1 1 1 '' 11 Iii 1 10 i lili 1 1/lili 1,1 11 1 1,1 1:11,11 11 1 1,1 1 1 Ii'/111 1 80: i : IE , 1 " 1 i : 20 ' 5: 1 1 1 ' r 1, 61: 1 1 ,1 1 1 It I 1 1 I 1 ,1 1 1, T 1/, 1 1 1 ; 1 , '11 1 i I . 1 i 1,30 -- .1 111[ i 1,1 111 1 1, 1 1 1 1 1 . 1 1 1 ! 1 1 1 IT 1 1 1 1 1 1 1 1 11 , 11 E 60; ; 1 I 1 1 1 1 1 /1 1 1 1 ' ::09 111 1 11 I T 1 ' 1 1 5 1, .... liii i:i 1 11 i.': : i It 0 50' r . i . i , . 1 ' 71'50 11 1]11 111 ,Fl 11]I Zâ€¢, 1, 2 1, /1 , i i 1, W . 1 [ 1 ] ] 111 1 11 1 2 40: i 1 1 1 1 1 111 ] 11 : 1 1 , 1 1 1: 1 11 / 1 1 1 111 '11' ''1] liT E i , T i 1 f 1 : 1 11 1 11 . 1 1 70 1 '.' . 1 1 1 1 , 1 1 If 1 11, 1 I 1 1 1 , [ ] , 1 11 1,1/ !1 [:11 1 ' 1 1 1 20j M ' 1 1 IT IT/,i , 11 Ill 11 1 1 [ 1 ]I 11 i 6 61; OU 1 1 1 1 1 1 1 1 1 - 1 11 , 1, -1 1 11 ; 1 : : 1 10'. ~ 1 1 1 1--- Ilili 111 1 11 1 , 1,30 1. 11,1 -1 1 1 , 1 , 1 111 1 : 6 6 0. , 1 1 I lilli 11 lili lilli !11 1' 1 11111 1 1 1 1/1 1 liu i 1 11 1 11,11 1 1 too 001 002 005 009 0,9 .03; 074 1.9 297 | 590 , 19 2 38 4 76 9.52 19.1 38.1 76 2 127 ' 200 042 20 152 DIAMETER OF PARTICLE IN MILLIMETERS SAND GRAVEL CLAY TO SILT COBBLES FINE | MEDIUM |COAASE FINE | COAASE GRAVEL 67 % SAND 25 9 SILT AND CLAY 8% S % LIQUID LIMIT PLASTICITY INDEX SAMPLE OF silty sandy gravel FROM Pit 2 at 6' - 9' HYDROMETER ANALYSIS SIEVE ANALYSIS ~ ~ TIME READINGS US STANDARD SERIES CLEAR SQUARE OPENINGS 24 HH 7 HR to 45 MIN 15 MIN 60 MIN 19 MIN 4 MIN 1 MIN 7 JO Â·100 -50 -40 '30 Â·16 1 '8 .0 4- 1.- 1 Â·4- 3-' * 5 6- 100. 9 . .0 11 1111 11 6 3 11 1111,1 ' i 1, 11 ] IT' 1,11 1 1 1 1 1 1 , 1 1 1 11 , ] 1 1, 11 10 1 ' 1 1 11 1 1, 1 1 1 11 I lili 1 lilli [1''iI 1 1 , 1 1 1 ! 1 1 1 1 111 1 11 1 1 1 11 80; Â£ ' . I 11 1 111 Iii , 6 1:,1 20 [ , 1 1 1 1 1 1, 1 /1 1 1 1 11 1 15 1 1 1, 1 11 70; i , 1 1 1 I ~ i; , li ' 6 .f , 1, 1 1 1 ' 1 1 11 1 1, 1 1 1, 1 1 ' 1 0 : 1 11 ' 11, 1 1 1/1 1 1 1 ! 1 1 1 1 1 1 1,1 '11 1 1 40 11 ' 1 11 h 11 1 , 11 0 111! 1,11 , 1, 1 [ I : ..: r i: ,/ 1 ' , IT 111 liII, i 1/[i 1 1] 11 1, 111!11 1 1 1 1 ' 1 1 1 1. 1 1 -1 50 Zi ' ' 1 1,1 1|1 -1 'ITI, w 1 1 1 1 1 1 1 1 1 1 1, 1 11,1 , 1 11 2 40: 60 W . 1 , 1 1 1 1 1 1 -- i I 1 1 1 1 1 1 1 1 1 1 1 1 1 -1, 1 1 1 1 1 1 L#f- i ii fi iii 1 1 1 1 1 : : 1 1 11 /0 1 1 1 1 1 /1 1.1 11 , 1 1 1 1 11 ~â€¢[1 I/1|11 '|' 20; ' ' ~~30 , i , 1 1 1 1 1 1 1 1 ,/ I iII' [ 1 1 1 ill I 1 '' 11 ' 1, '1, 1 1 1 1 ' 11 1 11 T 1 1 1' 90 1 1,11 ] 111 1] 1,1,11 11 111, i '1, 'll 1 1 1 1.. [ 11 : 5 3 : 0, ' 1 1; 111,1 . 1 11 111111 '1 , 1 111111 ' 1, 11[ 111. , 1 11 111 111 1 1, 100 00 1 00â€¢' 005 009 019 037 074 149 297 | 590 1 19 |2 38 4 /6 9 52 19 1 381 76 2 122/ * 200 042 2 0 152 DIAMETER OF PARTICLE IN MILLIMETERS SAND GRAVEL CLAY TO SILT COBBLES FINE | MEDIUM |COAASE FINE | COARSE GAAVEL 55 4% SAND 29 96 SILT AND CLAY 16 % LIQUID LIMIT PLASTIC1TY INDEX $ 4 SAMPLE OF clayey sandy gravel FROM Pit 4 at 5' - 8' 7 4 423 86 GRADATION TEST RESULTS Fig - - o Ivill 03NIÂ¥138 1N 3 OU 3d TABLE I Job No. 4 423 86 Summary of Test Pit Profiles Pit Pit Mine Waste Natural Number Depth (ft) Depth (ft) Soil Comments 1 10 10 Not encountered Wood debris in 2 10 5 Silty sand, gravel mine waste. and cobbles 3 9 3 Silty sandy, gravel with cobbles 4 8 3 1/2 Clayey sand and Refusal on large gravel with cobbles boulders and boulders gravel with cobbles boulders 5 8 7 1/2 Clayey sand and Refusal on large and boulders 1 i TABLE II Job No. 4 423 86 Summary of Lead Concentration Tests Sample Lead Material Location Concentration Tvpe (ppm) ] Pit 1 at 3 - 6' 2,190 Mine Waste Pit 2 at 0 - 3, 16,600 Mine Waste Pit 2 at 6 - 9' 5,350 Natural Soil . pit 3 at 0 - 2' 1,160 Mine Waste Pit 3 at 3 - 5' 391 Natural Soil Pit 4 at 0- 3, 1,110 Mine Waste Pit 4 at 5 - 8' 213 Natural Soil Pit 5 at 3 - 6' 3,640 Mine Waste TABLE III 4 423 86 Maximum Pit 2 at Pit 2 at Pit 5 at Concentration Sample 01 - 3' 6' - 9' 3' - 6' Allowable Arsenic 0.002 0.000 0.000 5.0 Barium 3.24 2.06 2.84 100.0 Cadmium 0.788 0.585 0.277 1.0 Chromium 0.00 0.00 0.00 5.0 Lead 8.14 7.82 4.56 5.0 Mercury O.00042 0.00006 - 0.00021 0.2 Selenium 0.000 0.006 0.006 1.0 Silver 0.00 0.00 0.00 5.0 r Â· Note: All results in mg/1. 1 , !1 TABLE III 4 423 86 Maximum Pit 2 at Pit 2 at Pit 5 at Concentration Sample 0' - 3' 6' - 9' 3' - 6' Allowable Arsenic 0.002 0.000 0.000 5.0 i Barium 3.24 2.06 2.84 100.0 Cadmium 0.788 0.585 0.277 1.0 Chromium 0.00 0.00 0.00 5.0 Lead 8.14 7.82 4.56 5.0 Mercury 0.00042 0.00006 0.00021 0.2 Selenium 0.000 0.006 0.006 1.0 4 Silver 0.00 0.00 0.00 5.0 Note: All results in mg/1. , TABLE III 4 423 86 Maximum Pit 2 at Pit 2 at Pit 5 at Concentration Sample 0' - 3' 61 - 9' 3' - 6' Allowable Arsenic 0.002 0.000 0.000 5.0 Barium 3.24 2.06 2.84 100.0 Cadmium 0.788 0.585 0.277 1.0 Chromium 0.00 0.00 0.00 5.0 Lead 8.14 7.82 4.56 5.0 Mercury 0.00042 0.00006 0.00021 0.2 Selenium 0.000 0.006 0.006 1.0 Silver 0.00 0.00 0.00 5.0 Note: All results in mg/1. 1 f I