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Home My WebLink AboutLand Use Case.18 Truscott Pl.51A-89 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 5!18/89 PARCEL ID AND CASE NO. DATE COMPLETE: ,kk'SYb6 2735-122-00-002 51A-89 STAFF MEMBER: vv. PROJECT NAME: Red Roof Inn PUD Final Plat Project Address: Legal Address: APPLICANT: The Aspen/Pitkin County Housing Authority Applicant Address: REPRESENTATIVE: Tom Stevens, The Stevens Group Representative Address/Phone: 230 E. Hopkins Avenue. Aspen, CO 81611 5-6717 PAID: YES NO AMOUNT: N/C NO. OF COPIES RECEIVED: 21 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: NO VESTED RIGHTS: YES ( CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: ERRALS: — _- —_ - -- -- 7 City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. . Holy Cross State Hwy Dept(GW) ✓ Aspen Water ✓ Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other ✓ Aspen Consol. Energy Center S.D. DATE REFERRED: i� �a INITIALS: SS ' FINAL ROUTING: DATE ROUTED: ,5 1 ci INITIAL:C�E`�` City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: z��{.� � ; C- Regular Meeting Aspen City Council May 8, 1989 CONSENT AGENDA Councilman Gassman moved to take Summit Place Insubstantial PUD amendment off the consent agenda; seconded by Mayor Stirling. Councilman Gassman said he would like an explanation of this item. Council placed it at the end of the action items. All in favor, motion carried. Councilwoman Fallin moved to accept the consent agenda as amended; seconded by Councilman Isaac. The consent agenda is: A. Extension of Lease - Wheeler Opera House B. Liquor License Renewals - Gordon' s; O'Leary' s; Wheeler C. Minutes - April 24, 1989 D. Cooper Street Greystone Condominiumization E. Amending Minutes October 24, 1988, RE: Ordinance #41. This amends the minutes of October 24, 1988, page 16, line 20 to read "APPROPRIATING WATER FUND EXPENSES OF $900,000" F. Special Event Permit - Thrift Shop G. Housing Unit at Animal Shelter H. Mountain House Lodge Employee Unit Covenant Councilman Tuite brought up the housing unit at the animal shelter and asked if the funds going to the city are restricted. Deputy City Manager Ron Mitchell said these funds are going to the police department. Mitchell said the police department has budgeted for the debt service payments and associated costs, so they are receiving the revenues. All in favor, motion carried. CONCEPTUAL PUD - Aspen Greens (Red Roof Inns) Councilwoman Fallin brought up the name of the project. Mayor Stirling pointed out the P & Z resolution states the name should be changed to something not using Aspen or Greens. Tom Baker, planning office, said this project is implementing part of the city' s housing plan. The housing authority has had an extensive public process. The P & Z is pleased with the results of this projects. The applicant has already addressed conditions of approval imposed by P & Z. Baker said two issues Council is to look at are rezoning and conditional use. These will be dealt with formally at final SPA. The rezoning entails rezoning a 154 , 000 square foot parcel from golf course support to public. Affordable housing is a conditional use in the public zone district. Baker reminded Council last month they made a program change, wanting permanent residents in the new 5 Regular Meeting Aspen City Council May 8 , 1989 units and seasonal residents in the existing facility. Up to that point, staff had been focusing on seasonal residents for the entire facility. Baker said there are some concerns about parking, transit and traffic, which will be focused on at final approval. Tom Stevens, design team, told Council originally the buildings were designed around the concept of seasonal employees. With the new program for permanent employees, the design started over with a new plan at the same square footage and similar footprint. Stevens said the new design is geared specifically to permanent employees. The new design is 38 two-bedroom apartments and 8 studio apartments. Stevens said they have increased the parking to 1 space per bedroom and . 6 per bedroom for the seasonal to accommodate 114 spaces on site. Stevens said there are 20 spaces on the golf course lot for overflow in the winter months. Stevens said the open space will be more usable than the original design; two tennis courts will be retained. The MAA will be using the seasonal, existing portion of the project. The MAA will put older students or faculty in the new portion. Stevens said the new project will cost about $200, 000 more than the original for a total of $3,800, 000. Stevens said the rental rate for a two-bedroom units will be $675 to $700 per month and a studio of $350 to $375. Stevens said the second floor units will be ( larger and will rent for $750 and $800. Stevens said an advantage of the new project will be rentals on a 12 month basis and makes the economies of the project better. Stevens said permanent residency requires less maintenance, which also enhances the economics of the project. Stevens said with the program change, they have been able to lower the building, which has mitigated the visual impact concerns. Stevens said one issue is the highway 82 access for vehicles and pedestrians. P & Z has placed addressing this as a conditional of final approval. Stevens told Council he has contacted the highway department and will continue to work with them and the city engineering department. Stevens said they have looked at solutions from doing nothing to a signal light at this intersection. Stevens said the. highway department is producing the EIS for the highway right now. Baker told Council P & Z felt comfortable with rezoning and conditional use as part of the affordable housing production plan. Council agreed they had no problems with these two requests. Baker said this project will also require special review for parking and the GMQS exemption at final approval. Baker went through the standards for rezoning. There are no conflicts with the land use code. This proposal is consistent with the affordable housing plan as well as the state highway corridor master plan. The existing facility will screen the proposed new construction. 6 ( Regular Meeting Aspen City Council May 8, 1989 Baker said the public zone district is compatible with the surrounding area. The residential use is also acceptable. Mayor Stirling entered into the record a letter received from C. E. Hopkins urging Council to vote no on the rezoning request. Hopkins said if affordable housing is built it will not be in keeping with the original open area use, and create an eyesore that would detract from the golf course. Baker said a standard of rezoning deals with the effect on traffic generation and road safety. Baker told Council this was of concern to P & Z, and there is not enough information to make a final determination on. This will be addressed at final. Baker said staff wants a sense from Council if they feel comfortable that this site can be rezoned if all issues can be mitigated. Baker said this intersection is a problem now, and adding residents will add to this impact. Stevens suggested Council request a warrant study from the highway department for this intersection. Pat Dobie, Banner Engineers, told Council the highway EIS and improvements of the highway department will be done at some point. Dobie said the issue whether to spend housing authority money and make some improvements to the highway or to defer this is a Council decision. Dobie said the applicant can apply to the highway department and make some improvements. These are estimated at $250,000, which will effect the rents by $60 per month. The other way to deal with the improvements is request a warrant study. If it is found the existing intersection is deficient, then the burden of the improvements is on the highway department. Frank Peters said there is pedestrian access and vehicle access to the highway. Peters asked if an underpass has been considered, and how much this. would cost. City Manager Bob Anderson said he has been in contact with the highway department, and part of their position is if there is a change in use, this will require a change in the access permit. Anderson said an overpass .or underpass is probably an expensive alternative. Councilman Gassman said the emphasis should be on not having cars, which is more consistent with what is being done in the rest of the community. Councilman Gassman pointed out this project is on a major bicycle/pedestrian route and there are buses going by here. Baker said a pedestrian underpass has been costed out at $75, 000. Anderson said if this is to be for employees of Aspen, there will either be left turn into traffic or right turn into the project, which would argue for a deceleration lane, rather than a stop light. Jim Adamski, housing office, told Council they would prefer to manage the project with a de-emphasis on cars rather than designing it to encourage people to use cars. Sy Coleman suggested charging for people to park their cars at this Cproject, rather than raising the rent for everyone to make 7 Regular Meeting Aspen City Council May 8, 1989 improvements. Steve Crockett suggested in the guidelines for tenants there might be extra points for people who do not have cars. Dobie said an issue is whether this project is solving employee housing or is solving employee housing and highway 82 problems both. Dobie said if the city asks the highway department for a warrant study, the recommendations for the intersection will get merged into the improvements for highway 82 as a whole. Mayor. Stirling said if a warrant study is presented to the applicant, the city cannot just ignore it. Councilman Tuite asked if the highway department has the right to tell the city they cannot build the project, if the city does not ask for a warrant. Councilman Tuite said the city can deal with this on their own. Councilwoman Fallin said there should be a way to get the bus into this project or a better way to get the pedestrians to the bus stop. Harry Truscott, housing authority, told Council making highway improve- ments will delay schedule of this project. Truscott said he would rather see these problems worked out through the management of the project. Council agreed not to ask for a warrant study unless there is no other way to go. Baker said another standard deals with demands on public facil- ities. Baker said the proposal is to deal with management as a way of dealing with the traffic issue. Truscott said the non-profit corporation that manages Hunter Longhouse will manage this project. Mayor Stirling said he would like the reasons why this corporation will manage the project at final consideration. Baker said the applicants have amended the drainage plan, and it is no longer an issue. Baker said another standard is adverse impacts on the natural environment. Baker said this site is beat up. Baker said there is an existing affordable housing project, and this is an expansion of that. Baker said some of the conceptual issues have already been addressed in the rezoning. Baker said the applicant will pursue a growth management exemption before final approval. Baker told Council the original proposal was about 22 .5 units per acre; this proposal is 27 units per acre. Baker said staff looked at this site if it were zoned RMF. The lot area requirement would be 137, 000 square feet and this lot is 154 , 000 square feet. The proposal is within the lot area requirement. These units will range from 700 to 900 square feet. Baker told Council the public zone sets all dimensional requirements by special review. Baker said the landscape plan is adequate for conceptual submis- sion. The applicant has committed to use low level incandescent lights. Stevens told Council the sewer line is not adequate to service this project and they propose to put in a new line built to the Sanitation District's standards. Stevens said the housing 8 Regular Meeting Aspen City Council May 8, 1989 authority has not addressed refurbishing the pool. Two of the tennis courts will remain for residents of the project. Councilman Isaac said he would like the tennis courts opened for the public; they were paid for by the public. Councilman Isaac said it might be better to get rid of the pool. Councilwoman Fallin agreed. Baker told Council this proposal will not cause the golf course maintenance vehicles to have to go around the site. The streets will be privately maintained. Baker said staff and P & Z find this proposal creative; however, there are concerns about transit, traffic and parking. The applicants have already addressed 3 of P & Z 's conditions. There are other conditions to be met before final presentation. Councilman Gassman suggested taking out condition #11, affordable rents, as this has already been ad- dressed. Councilman Gassman moved- to accept the conceptual planned unit development proposal on the golf course project; seconded by Councilman Tuite. Councilwoman Fallin said the support facility for the golf course should be emphasized so that in the future the residents do not try to do away with them. Stevens told Council they are aiming for a. December 1 occupancy. This may necessitate a special Council meeting in June. All in favor, motion carried. ORDINANCE #16, SERIES OF 1989 - Historic Landmarks GMQS Exemption Alan Richman, planning office, said this ordinance is an attempt to relieve historic landmarks of some of the exactions imposed in the adoption of the new code. Richman said some of these are to permit change in use to occur without impact mitigation. Richman said P & Z normally requires low income housing be provided; this ordinance allows moderate income housing to be provided. This ordinance permits sub-grade space be exempt from the affordable housing requirements. HPC has authority over the parking review. No cash-in-lieu for parking will be required in the CC or office zone for historic landmarks. Richman said one issue of discussion has been to what degree the affordable housing requirement will be reduced. P & Z ' s recommen- dation is that affordable housing mitigation will be at the 50 percent threshold level. In commercial development in the growth management system a project is required to provide impact mitiga- tion for 60 percent of the employees generated. The requirement in this ordinance would be for 50 percent of that 60 percent, or 30 percent of employees generated at 100 percent of allowable FAR. 9 MESSAGE DISPLAY TO JIM GIBBARD TO TOM BAKER From: Bob Nelson Postmark: Nov 02 , 89 9:25 AM Subject: TRUSCOTT PLACE DRAINAGE PLAN (EAST END) Message: I HAVE REVIEWED THE NEW DESIGN OF BANNER ENGINEERING FOR THE REDESIGNED PERCOLATION PIT FOR RUNOFF CONTAINMENT. IT APPEARS ACCEPTABLE AND IS THE PREFERRED ALTERNATIVE TO IMPROVE THE QUALITY OF THE STORMWATER RUNOFF. WE WOULD RECOMMEND THAT A VOID BE CREATED WITH SLOTTED CONCRETE RINGS TO PREVENT THE GRAVEL JUST UNDER THE RECEIVING PIPE FROM CLOGING WITH SEDIMENT. OTHERWISE THE RAPIDLY PERMEABLE SOILS SHOULD ASSURE THE RAPID DISSIPATION OF STORMWATER. X MEMORANDUM TO: Mayor and Council THRU: Robert S. Anderson, Jr. , City Manager / Z �`-- FROM: Tom Baker, Planning Office RE: Final PUD: Aspen Greens DATE: June 26, 1989 SUMMARY: The Planning and Zoning recommends approval of the plan alternative with 86 parking spaces for the following: Rezoning from GCS to Public for this 154 ,890 s. f. parcel; Final PUD Review; and GMQS Exemption for the construction of affordable housing (this is a Council action only) . PREVIOUS COUNCIL ACTION: Council granted the applicant Conceptual PUD approval at their meeting on May 8, 1989. At that meeting Council reviewed the standards for rezoning. BACKGROUND INFORMATION APPLICANT: The Aspen/Pitkin County Housing Authority (APCHA) . REQUEST: There are several areas of review for this application. Conceptual PUD (the Public zone is a mandatory PUD) , Rezoning (from GCS to Public) Conditional Use for affordable housing (P&Z action only) , Final PUD, Special Use Review for Parking (P&Z action only) and GMQS Exemption. P&Z has recommended and City Council has granted Conceptual PUD approval for this project. Both P&Z and Council have reviewed the application for Rezoning; however, formal action will not be taken on these areas of review until Final PUD. This memorandum will address GMQS Exemption, and Final PUD. PROGRAM DESCRIPTION: Both P&Z and Council are aware that the program for this affordable housing project has changed since the original concept plan was developed, (see Exhibits 1 & 2) . Originally the concept was to house seasonal employees in the winter and MAA students in the summer. The current plan is to house permanent employees. This change was made after Conceptual review by P&Z, but before the Council 's Conceptual review. The change in program caused the design team to redesign the project in a manner more suited to permanent housing. The current proposal provides 38 two bedroom and 8 studio apartments with a total of 84 bedrooms. The unit mix and type are described in table 1. TABLE 1 PROGRAM DESCRIPTION/RENTAL RATES SQUARE MONTHLY RENT/ QUANTITY UNIT TYPE FEET RENT SF 4 Studio 308 $275 .89 4 Studio 413 369 . 89 17 2 BR 694 619 . 89 2 2 BR 700 625 . 89 2 2 BR 854 780 .89 17 2 BR 897 801 .89 Area and Bulk - The project consists of two buildings. The west building contains 20 two bedroom and four studio units which total 15, 856 s. f. The east building contains 18 two bedroom and four studio units which total 17,459 s. f. Total square footage for the project is 33, 315 s. f. (pp. 16, 17 of the proposal give a detailed accounting of building square footage) . The total footprint of the two buildings equals 14,706 s. f. Building height to the peak of the tallest portion of the buildings is just over 29 feet. Design and Site Improvements - The buildings are designed to be energy and cost efficient and the design can be stick built or modular. The buildings are located on the site in a linear fashion which undulates to break-up the perceived mass. The landscape plan provides for beaming and plantings along the north boundary of the property (9th fairway) which will help screen the project from the golf course. Further, small open space pockets occur on each end of the project and in the middle. The middle open space pocket has a children's play area and outdoor grill. Energy Conservation - A substantial amount of thought and design effort has gone into addressing energy and environmental concerns. Each apartment has south exposure. Building materials have been selected which do not use CFC's. Insulation levels of R-28 in the walls and R-40 in the roofs are used. Low-E glass is utilized and all apartments will be weatherized with the use of a blower door to achieve low infiltration rates. Finally, apartments will be individually metered to provide incentives for conservation. Transportation - At Council 's direction the applicant has investigated methods of reducing the demand for parking. In terms of parking, the applicant identifies a need of one space per bedroom in the new project and . 6 space per unit in the 2 existing facility for a total of 114 spaces. The application proposed that the Housing Authority pursue a joint agreement with the City of Aspen to lease off-season parking in the golf course parking lot for winter residential needs and reduce on-site parking to 86 spaces. The application identifies several measures to off-set the need for parking. 1. The installation of pedestrian crossing signs and a partial crosswalk at SH 82 . 2 . The installation and paving of a deceleration lane at the entrance to the Golf Course. 3 . Work with the CDOH to explore the installation of a pedestrian crossing signal. In addition, the posted speed limit could be reduced through this area. 4 . The exploration of an on-site bicycle program. 5. The institution of a van pool program in cooperation with RFTA. 6. The institution of a parking sticker/management program which charges a monthly fee for parking and gives priority to residences applying for leases which do not own cars. In addition, RFTA provides frequent service to this site as part of the Snowmass, Down Valley and Airport Shuttle services (the Airport Shuttle service will be extended throughout the summer. ) Drainage - The applicant has amended the original drainage plan so that parking lot runoff enters a drain fitted with a grease trap and piped to either a dry well or to the existing golf course irrigation ditch system. Development Schedule - Site construction is scheduled to begin July 11; building construction July 18; and completion December 15, 1989. REFERRAL AGENCY COMMENTS: All referral agency comments are compiled as Exhibit 3 . Fire Marshall - Good project, no comment. Water Department - There is sufficient capacity to serve this project. The 6" main shall be extended by the applicant as illustrated on pg. 3 of the drawings. Aspen Consolidated Sanitation District - If project approval is conditioned upon building a new line to District standards with the appropriate easements granted to the District and ownership 3 granted to the District for that portion which is to be maintained by the District, then the ACSD concerns are met. Engineering Department - The drainage plan is acceptable, but Environmental Health should comment on the grease traps. There is inadequate information on the parking management plan and van shuttle service. The CDOH contacted the Engineering Department and indicated that they were concerned about change of use of access to this development. Prior to the issuance of a building permit, the applicant needs to submit a plat to the Engineering Department that includes any applicable information required by Sec. 24 , Art. 7- 1004 (D) (1) (a) (3) and (D) (2) (a) of the Municipal Code. STAFF COMMENTS: The areas of review which apply to this phase of the process are GMQS Exemption, Special Review for parking and Final PUD. GMQS Exemption - Sec. 8-104 (C) (1) (c) states that " . .Development which may be exempted by the City Council shall be as follows. . . .c. Affordable Housing. All housing deed restricted in accordance with the housing guidelines of the City Council and its housing Designee. The review of any request for exemption of housing pursuant to this section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling unit proposed, specifically regarding the number of bedrooms in each unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be restricted. Response - This proposal is consistent with the Affordable Housing Production Plan (Draft) . The Plan identifies this site for affordable housing. The rental price is in the moderate income range and the unit mix is a direct response to steering committee desires with the approval of City Council. Special Review - Off-Street Parking - Sec. 7-404 (B) (2) states " . . .the applicant shall demonstrate that the parking needs of the residents, guests and employees of the project have been met, talking into account potential uses of the parcel, its proximity to mass transit 4 routes and the downtown area, and any special services, such vans, provided for residents, guests and employees. " Response - Council gave the applicant direction to minimize the use of the automobile and the number of parking spaces as much as possible. The Council feels very strongly that the City's affordable housing projects should be examples for managing the automobile. As was stated earlier, the applicant projected a need for 114 parking spaces (1/bedroom for the new development and . 6/room for the existing facility) . The applicant would like P&Z and Council to consider reducing the on-site parking from 114 to 86. This would eliminate the need for the parking lot west of building one and could be used for basketball, volleyball and additional landscaping. In order to make the 86 space parking plan work the applicant proposes the following management plan. Priority Rental to Non-Drivers - During the lease application period applicants without cars will have priority for housing in this project. Further, parking stickers/permits will be issued to residents with cars and will be charged a monthly fee in addition to their rent. Shuttle Service/Van Pool - The applicant proposes to participate in RFTA's van pool program. Van(s) will be leased from RFTA for a monthly fee and be operated by residents of this project. The RFTA lease will include maintenance, insurance and gas. This van service will be in addition to the existing RFTA service on SH 82 . Staff finds that the applicant has responded to Council 's desires and finds that this kind of management approach will demonstrate the potential of reducing automobile use in the Community. Staff would urge both P&Z and Council to approve the 86 parking space option and require the applicant to audit the parking situation on an annual basis. The results of this audit will provide future projects with valuable information about automobile use. The applicant has proposed non-permanent facilities on the location of the west parking lot, this will provide the project with a safety valve for the provision of future parking should the need become apparent. Final PUD - Sec. 7-903 (B) lists review standards for PUD. Many of these review standards have been addressed in Conceptual or previously in this memorandum, therefore, staff will summarize where appropriate. 1. General Requirements. 5 a. The proposed development shall be consistent with the Aspen Area Comprehensive Plan. The Affordable Housing Production Plan identifies this site as appropriate for affordable housing. The State Highway 82 Corridor Master Plan identifies this site as part of the Scenic Foreground. The purpose of a Scenic Foreground is to steer development away from highly visible sites and to minimize the visual impacts of the limited development which may occur in the foreground so as to obtain an aesthetically pleasing rural approach to Aspen. The proposed site is in the Scenic Foreground, but it is screened from SH 82 by the existing Red Roof Inn and a large stand of cottonwoods on the east side of the site. This screening effectively minimizes the visual impact of the development. The Applicant shall be required to demonstrate that the proposed structures do not extend above the height of the existing structure, as viewed from SH 82. b. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The zone districts which surround this site are Park in the City and R-30, AF-2 in the County. The reason the PUB zone district was selected is to ensure that the parcel remains in the Community's control. Further, the PUB zone district is a community facility related zone district which is compatible with land uses in the area (golf course, affordable housing, pro shop, residential uses across highway) . c. The proposed development shall not adversely affect the future development of the sur- rounding area. This project is an addition to an existing facility which is surrounded by a City owned golf course. No adverse impact to future development is anticipated. d. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. The applicant is requesting GMQS Exemption for the construction of affordable housing. 2. Density. Density is set by Conceptual and Final 6 Development Plan in the Public Zone. The issue of density was discussed at Conceptual PUD. In summary the density for this project is 27 units/acre (38 two bedroom and 8 studio units in this proposal and 50 rooms in the existing facility on a site of 3.56 ac. This density is within the allowable density for free market development in the R/MF zone. Further, the project is surrounded with City owned open space (Golf Course) . 3. Land Uses. The land uses permitted shall be those of the underlying Zone District. Detached residential units may be authorized to be clustered in a zero lot line or row house configuration, but multi-family dwelling units shall only be allowed when permitted by the underlying Zone District. Affordable housing is a conditional use in the Public zone. 4. Dimensional Requirements . (DIMENSIONAL REQUIREMENTS ARE SET BY CONCEPTUAL AND FINAL DEVELOPMENT PLAN IN THE PUBLIC ZONE) . Parcel size 154,890 s. f. Existing building footprint 31, 200 s. f. Proposed building footprint 14, 706 s. f. Proposed roads and parking Proposed open space Existing floor area 36, 550 s. f. Proposed floor area Proposed FAR Proposed Density 27/ac Maximum Proposed Dimensions Minimum side yard 5 ft Minimum front yard 5 ft Minimum rear yard 5 ft The applicant shall provide information on dimensional requirements at the P&Z meeting. Staff finds the project plan acceptable, but need the above information for the PUD agreement. 5. Off-street parking. Off-street parking is set by special review in the Public zone. This issue was addressed earlier in this memorandum. 6. Open Space. The open space requirement is set by special review. Staff finds the plan acceptable and realizes that it will be enhanced if the west parking lot is converted to open space. 7. Landscape Plan. There shall be approved as part 7 of the Final Development Plan a landscape plan, which exhibits a well designed treatment of exterior spaces. It shall provide an ample quantity and variety of ornamental plant species that are regarded as suitable for the Aspen area climate. Staff finds the proposed landscape plan adequate ; however, the existing drawings illustrate the 114 parking space plan. Adequate landscape treatment shall also be given to the area where parking is removed if the 86 parking space plan is acceptable. 8. Architectural Site Plan. There shall be approved as part of the Final Development Plan an architec- tural site plan, which ensures architectural consistency in the proposed development, architec- tural character, building design, and the preser- vation of the visual character of the City. Staff finds that the Architectural Site Plan meets the standards of the Code and is a significant improvement over the initial concepts that were developed prior to the series of steering committee/public meetings. The current proposal minimizes the mass of the structures and provides usable open space on the site. 9. Lighting. All lighting shall be arranged so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. The applicant has committed to low level incandescent lights with down lit lenses. 10. Clustering. Clustering of dwelling units is encouraged. This standard competes with other goals of the proposal and while the buildings are not "clustered" the intent of this section is realized. 11. Public Facilities. The proposed development shall be designed so that adequate public facilities will be available to accommodate the proposed development at the time development is con- structed, and that there will be no net public cost for the provision of these public facilities. Further, buildings shall not be arranged such that any structure is inaccessible to emergency vehicles. 8 In terms of public facilities the referral agencies have indicated only minor concerns regarding water and sewer. Further, emergency vehicle access and fire safety have been addressed. The Engineering Department suggested that Environmental Health review and comment on the grease traps in the drainage system in order to ensure that pollutants to not run-off into the Golf Course irrigation system. 12. Traffic and Pedestrian Circulation. a. Every dwelling unit, or other land use permitted in the Planned Unit Development (PUD) shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. This standard has been addressed. b. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development (PUD) shall not be connected to streets outside the development so as to encourage their use by through traffic. The Engineering Department is not satisfied with the information provided in the traffic analysis or with the information provided for parking management. c. The proposed development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the proposed development, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. See above comments. d. Every residential building shall not be farther than sixty (60 ' ) feet from an access roadway or drive providing vehicular access to a public street. This standard has been addressed. e. All non-residential land uses within the Planned Unit Development (PUD) shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. This standard has 9 been addressed. f. Streets in the Planned Unit Development (PUD) may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent City regulations and ordinances. The Golf Course parking and street system will be privately maintained. The following are the conditions which Council directed the applicant to address as part of the Final PUD submission. 1. Provide staff with a geotechnical study to determine the impact of existing fill material on the proposed development. This standard has been addressed in Exhibit 5 of the proposal. 2 . Work with the CDOH and Engineering Department to develop a detailed traffic study to determine the traffic impacts that this proposal will have on SH 82 and develop an adequate "interim" strategy until SH 82 is improved, (eg. traffic light) . At Council's conceptual review many concerns were raised about the issue of SH 82. Council urged that the applicant and staff work to develop a plan which reduced the traffic generation impact of the project and therefore the need for intersection improvements. The applicant has committed to a parking management program and van pool program. Further, the applicant has indicated to staff in a phone conversation that $40,000 is available for improvements to the SH 82 intersection. Perhaps this money can be combined with RFTA's HOV funds to develop adequate intersection improvements. 3 . Provide a plan for plowing the trail along the golf course in the winter to encourage winter bike riding as a way of commuting into town. The applicant requests that the P&Z and Council reconsider this condition because of its impact on cross country skiing. Staff finds that plowing this path will have little impact on cross country skiing because the golf course is utilized for skiing and not the trail. Staff finds that a plowed trail provides an attractive route for pedestrians and bicyclists. 4. Develop a detailed Transit Plan in cooperation with MAA and RFTA. Suggested elements of this plan include free transit, safe crossing of SH 82 or a RFTA turn around on the site, provision of a covered bike rack(s) and provision of a- fleet - - -of bikes for use by MAA students and other residents. During conceptual review Council directed the applicant to implement auto disincentives and the applicant has 10 responded. Staff finds the van pool concept a good one and would like the applicant to explain how it would work for MAA students. Perhaps a small fleet of bicycles could be made available for seasonal residents. 5. Comply with the ACSD standards for connecting to the District system and providing for the ACSD to take over ownership and maintenance of the sewer line at the Aspen Greens. The applicant indicates that exhibit 7 outlines the sewer service plan. This exhibit was reviewed by ACSD and found to be incomplete. 6. Provide a fire hydrant at the turnaround as requested by the Fire Marshal. This condition has been addressed. 7 . The structures shall be sprinkled with a residential system and be equipped with an automatic fire alarm system capable of notifying all occupants of a pending problem, to the satisfaction of the Fire Marshal. This condition has been addressed. 8. The Land Use Code allows for 8 people in a dormitory unit. The Applicant should be aware that the current proposal does not meet this requirement. Since this is only Conceptual review staff has not taken issue with this design concern, but the Applicant should make the appropriate design change in the Final Application. This condition no longer applies. 9. Provide basketball and volleyball in conjunction with the tennis facilities. The 86 parking space plan will address this condition. 10. Change the name of the project to something which does not use the word Aspen. The applicant will rename the project. 11. The Applicant shall undertake a wage survey to provide the P&Z with information which will be used to determine whether or not the proposed rents are affordable. Council deleted this condition. 12 . The P&Z is aware that since P&Z 's Conceptual review the City Council has changed the program for this proposal from a mix of seasonal and permanent housing to all permanent housing. Therefore, the applicant must be prepared to address program aspects of this proposal which the P&Z dealt with at Conceptual during Final PUD, if the P&Z deems it necessary. This condition has been addressed, in large part. Staff requires that the applicant provide us with dimensional requirements for the project so that zoning and building checks will be less confusing. CONCLUSION: The Housing Authority has developed a process and 11 project which should be replicated by all affordable housing projects. The aspects of this project which staff would like incorporated into all affordable housing projects are as follows. Neighborhood Meetings - The Housing Authority established a steering committee for the Red Roof and Marolt sites at the beginning of the process. They did not develop plans and then present them to committee members, instead they spent months discussing housing needs which could be addressed by these sites. Then the Housing Authority held neighborhood meetings/open houses to critic various concepts which had been developed. After this public input the Housing Authority submitted an application into the Planning Office. Staff finds the result of this effort is an excellent product (even though the program changed at conceptual) . Energy Conservation/Environmental Concern - The design team understands the importance of long term affordability. Solar orientation, insulation and weatherization techniques used on this project should be models for all affordable housing projects. Further, the selection of building materials which do not use CFC's shows a concern for the environment which seldom is seen in at this level of detail; this should be a model for all affordable housing projects. Automobile Disincentives - The Housing Authority is willing to work with Council to achieve a more auto independent community. Parking management, priority to non-driving residents and van pools are disincentive measures that if successful will reduce the impact of the automobile in the Community. RECOMMENDATION: P&Z and staff recommends approval with conditions for the project plan alternative with 86 parking spaces for the following: Rezoning from GCS to Public for this 154, 890 s. f. parcel, 1st Reading of Ordinance_, Series of 1989, attached; Final PUD Review; and GMQS Exemption for the construction of affordable housing. Note: The approvals for Final PUD, GMQS Exemption and Conditional Use (P&Z action) are conditioned upon rezoning. Rezoning will not be complete until 2nd Reading which will occur during Council's July 24th meeting. The Housing Authority's construction schedule is designed to provide finished units this ski season , that is if construction can begin in early July. At tonight's meeting the Housing Authority will be prepared to discuss construction schedule. 12 Conditions to be met prior to the issuance of a building permit. 1. Comply with the ACSD standards for connecting to the District system and providing for the ACSD to take over ownership and maintenance of the sewer line at the Aspen Greens. 2 . Provide the Planning Office with revised drawings for the 86 ci parking space alternative, landscape plan, drainage plan, site plan. Provide the Planning Office with the dimensional J requirements information for the project. -- "'The applicant shall provide covered bike storage. The applicant shall commit to plowing the bike path from the c� golf course drive to Cemetery Lane. 6. The applicant shall provide the Engineering Department with a plat which depicts the applicable information required by Section 7-1004 (D) (1) (a) (3) and (D) (2) (a) . 7. The applicant shall provide, to the satisfaction of the Environmental Health Department, a drainage plan which keeps automobile pollutants from entering the irrigation ditch system. Conditions to be addressed as part of project operation/management. 1. The applicant shall survey the parking management/auto disincentive measures employed for this project, on an annual basis, to determine if the program is working. If it is not working, then return to the P&Z and Council to increase the number of parking spaces. 2 . The applicant shall not construct any permanent facilities on the location of the west parking lot. This parking lot was removed to pursue auto disincentives and must remain an option for future parking expansion, if necessary. 3 . The applicant shall continue to work with CDOH and perhaps RFTA (HOV) to pursue a satisfactory resolution of the SH 82 intersection problem. The Housing Authority has $40, 000 programed for this effort. 4 . The applicant shall work with the CDOH to provide a safe pedestrian crossing of SH 82 at the entrance to the project. The ultimate solution may require a traffic signal or pedestrian underpass or both. 13 5. The applicant shall work with Jim Duke to provide recycling containers on-site. PROPOSED MOTION: I move to approve Ordinance , Series of 1989 Rezoning Lot 2 of the Aspen Golf Course Subdivision from GCS (Golf Course Support) to PUB (Public) . I move to approve with the above conditions GMQS Exemption for the construction of affordable housing and Final PUD. CITY MANAGER COMMENTS: aspen.greens. final.pud.cc 14 c, ■ ' - o 1 0 I 1 I • '' ■ ieT7 0 ', 1 ; 11■1 ' , .c .•3. , ,4' 1 "' 'i ' . I 111, 0 ,---, I O-Z —....--- 400_ . t."-470-- ):--- • C 0 J I - 1 1' - 0 ',;• U g •rl ""r41..r 1-.',. ,•.,_:..---• ..; \ ,/ --=ren `-- 41 r zliv.. . 1 0 I . 1,1 • • 1 r . 1 I mom--:, ) t 1 I /2 , - \\ 1 q ,, D 0 111 0 t - i 1 — '111r --::"." ;1 lill'i 4....,(7'441:1440 11111111 II . , •.\.- : 7 .f. - i PI--'1/7 ‘.1110 i \ I • III ill '- III [Ed! . . ,:. z-,cw) • . i s- sr-Irlt EON _ _.. T1.31 .,. IA • N "--'' %. % -= —- t WWI i - \ . --' -\ 1 , 11 ., - I I . D -..... 1: f!- \ ,I t.._ -,--r___ t 7 \ \ 1 I ---i- ---e%, _ 0 , 8 Fir .■,-..,...2. a. MI - i■ a t I: 01111111•119 4 ' ' r M II - I 1 i i 1 1 1 i 1 II If, i I'l I ik t i I I 1 0 I , J . t , — —1 , ic, g 1 „; i , i a 1 g 1 . a ■ 7 7 1 c . ' L ,,..,..,. ,. , ■ D 1:‘ S : . 13 I g g ig .... ... ., . 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Op/ -- WMilli, / / '''' . •.n.//,/,/, ,/,!...1, mit / i i /miff ,m_ot / 1/ .\\„\,\\ ,\\\,,, ,,,, Ar..z:....:Ad , , ,,, „ ,„,„,„,, , „.,.:.„:„ , /,/, ,A\i\\ `\O "\''' rileVi \ / \ \ I ,.; ,no, „.........-,*-7- , • , / , ,',.24"--""A■,"'j,,\■1 t. ' '7/ l'/./ i ' .-:'' \ /111:0')":.-', ' '' ':/ / ' 4 / H im (111(6//14?///: / . / 4'1 // '/7/ 1 , 1 t , _ , . ,1 T---- , ! gi I 1 '7 '-r_'..--7 ! , if ../. 11; ./ / ---ii / IT /Ill=i-.:,/ i I .,:, ,, ;1,,, _ ; ASPEN WATER DEPARTMENT TO: Tom Baker FROM: Jim Markalunas SUBJECT: Red Roof Inn PUD Final lat DATE: 6/6/89 We have reviewed the ap lic tion for water service and it appears the applicant intends to extend th 6" main easterly as referred on pg. 3 of the drawings. Although there still remains some details to be worked out as to the exact location and configuration of the water utility line, we can advise you at this time, that there is sufficient capacity to service the facility. cc: The Stevens Group Banner Assoc. Aspen 9onsolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Tele. (303) 925-2537 June 12, 1989 Tom Baker, Acting Director Planning Department 130 S. Galena Aspen, CO 81611 Re : Red Roof Inn PUD Final Pla at Dear Tom: The applicant' s engineer states in exhibit 7 of the application that he is in the process of working with us in order to design the new line that will service this project. So far we haven' t seen any plans for the required new line. Our understanding with the applicant is that a new line will be built to District standards, the appropriate easements will be granted to the District, and ownership will be granted to the District for that portion of the line which is to be maintained by the District. If these conditions could be incorporated into the resolution approving the project then we can expedite approval without waiting to review the "work in progress". Sincerely, Bruce Motherly District Manager X12 MEMORANDUM TO: Tom Baker, Planning Office FROM: Jim Gibbard, Engineering Department 4a DATE: June 5 , 1989 RE: Red Roof Inn PUD Final Plat Having reviewed the above application and made a site inspection, the Engineering Department has the following comments: 1 . The drainage plan which has been submitted is acceptable, however, Environmental Health should comment on the grease traps that are proposed to be installed on the outflow of the proposed detention ponds. 2 . The applicant needs to submit more detailed plans regarding the parking managing plan and a plan as to the schedule for the proposed van pool service. It should be noted that the State Highway Department contacted the Engineering Department and informed us that they are concerned about a change of use of access to this development from Highway 82 . 3. Prior to issuance of a building permit, the applicant needs to submit a plat to the Engineering Department that includes any applicable information required by sec. 24 art. 7-1004 (D) (1) (a) (3) and (D) (2) (a) of Municipal Code. jg/Redroof cc: Chuck Roth MEMORANDUM F--AL2r, 404ft- City Attorney City Engineer Aspen Water Aspen Consolidated Fire Marshall <-''Z:mr- gigMMN Tom Baker, Planning Department RE: RedRoofInnPUDFinal Plat Parcel ID # 2735-122-00-002 DATE: May 22 , 1989 Attached for your review and comments is an application for the Red Roof Inn PUD Final Plat, submitted by Tom Stevens of the Stevens Group, on behalf of the Aspen/Pitkin County Housing Authority. Please review this material and return your comments no later than June 12 , 1989, so I may have time to prepare for the P1 Z . Thank you. krc 1" /1! C C — MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Tom Baker, Planning Office .- RE: Final PUD: Aspen Greens DATE: June 15, 1989 APPLICANT: The Aspen/Pitkin County Housing Authority (APCHA) . REQUEST: There are several areas of review for this application. Conceptual PUD (the Public zone is a mandatory PUD) , Rezoning (from GCS to Public) Conditional Use (affordable housing) , Final PUD, Special Use Review for Parking and GMQS Exemption. P&Z has recommended and City Council has granted Conceptual PUD approval for this project. Both P&Z and Council have reviewed the application for Rezoning and Conditional Use approval; however, formal action will not be taken on these areas of review until Final PUD. This memorandum will address GMQS Exemption, Special Review for parking and Final PUD. PROGRAM DESCRIPTION: Both P&Z and Council are aware that the program for this affordable housing project has changed since the original concept plan was developed, (see Exhibits 1 & 2) . Originally the concept was to house seasonal employees in the winter and MAA students in the summer. The current plan is to house permanent employees. This change was made after Conceptual review by P&Z, but before the Council 's Conceptual review. The change in program caused the design team to redesign the project in a manner more suited to permanent housing. The current proposal provides 38 two bedroom and 8 studio apartments with a total of 84 bedrooms. The unit mix and type are described in table 1. TABLE 1 PROGRAM DESCRIPTION/RENTAL RATES SQUARE MONTHLY RENT/ QUANTITY UNIT TYPE FEET RENT SF 4 Studio 308 4 _ Studio 413 $275 . 89 369 . 89 17 2 BR 694 619 .89 2 2 BR 700 625 . 89 2 2 BR 854 780 . 89 17 2 BR 897 801 .89 Area and Bulk - The project consists of two buildings. The west building contains 20 two bedroom and four studio units which total 15,856 s. f. The east building contains 18 two bedroom and four studio units which total 17, 459 s. f. Total square footage for the project is 33, 315 s. f. (pp. 16, 17 of the proposal give a detailed accounting of building square footage) . The total footprint of the two buildings equals 14 ,706 s. f. Building height to the peak of the tallest portion of the buildings is just over 29 feet. Design and Site Improvements - The buildings are designed to be energy and cost efficient and the design can be stick built or modular. The buildings are located on the site in a linear fashion which undulates to break-up the perceived mass. The landscape plan provides for beaming and plantings along the north boundary of the property (9th fairway) which will help screen the project from the golf course. Further, small open space pockets occur on each end of the project and in the middle. The middle open space pocket has a children's play area and outdoor grill. Energy Conservation - A substantial amount of thought and design effort has gone into addressing energy and environmental concerns. Each apartment has south exposure. Building materials have been selected which do not use CFC's. Insulation levels of R-28 in the walls and R-40 in the roofs are used. Low-E glass is utilized and all apartments will be weatherized with the use of a blower door to achieve low infiltration rates. Finally, apartments will be individually metered to provide incentives for conservation. Transportation - At Council 's direction the applicant has investigated methods of reducing the demand for parking. In terms of parking, the applicant identifies a need of one space per bedroom in the new project and . 6 space per unit in the existing facility for a total of 114 spaces. The application proposed that the Housing Authority pursue a joint agreement with the City of Aspen to lease off-season parking in the golf course parking lot for winter residential needs and reduce on-site parking to 86 spaces. The application identifies several measures to off-set the need for parking. 1. The installation of pedestrian crossing signs and a partial crosswalk at SH 82 . 2 . The installation and paving of a deceleration lane at the entrance to the Golf Course. 3 . Work with the CDOH to explore the installation of a pedestrian crossing signal . In addition, the posted speed limit could be reduced through this area. 4 . The exploration of an on-site bicycle program. 2 5, The institution of a van pool program in cooperation with RFTA. 6. The institution of a parking sticker/management program which charges a monthly fee for parking and gives priority to residences applying for leases which do not own cars. In addition, RFTA provides frequent service to this site as part of the Snowmass, Down Valley and Airport Shuttle services (the Airport Shuttle service will be extended throughout the summer. ) Drainage - The applicant has amended the original drainage plan so that parking lot runoff enters a drain fitted with a grease trap and piped to either a dry well or to the existing golf course irrigation ditch system. Development Schedule - Site construction is scheduled to begin July 11; building construction July 18 ; and completion December 15, 1989. REFERRAL AGENCY COMMENTS: All referral agency comments are compiled as Exhibit 3 . Fire Marshall - Good project, no comment. Water Department - There is sufficient capacity to serve this project. The 6" main shall be extended by the applicant as illustrated on pg. 3 of the drawings. Aspen Consolidated Sanitation District - If project approval is conditioned upon building a new line to District standards with the appropriate easements granted to the District and ownership granted to the District for that portion which is to be maintained by the District, then the ACSD concerns are met. Engineering Department - The drainage plan is acceptable, but Environmental Health should comment on the grease traps. There is inadequate information on the parking management plan and van shuttle service. The CDOH contacted the Engineering Department and indicated that they were concerned about change of use of access to this development. Prior to the issuance of a building permit, the applicant needs to submit a plat to the Engineering Department that includes any applicable information required by Sec . 24 , Art. 7- 1004 (D) (1) (a) (3) and (D) (2) (a) of the Municipal Code. 3 STAFF COMMENTS: The areas of review which apply to this phase of the process are GMQS Exemption, Special Review for parking and Final PUD. GMQS Exemption - Sec. 8-104 (C) (1) (c) states that " . . .Development which may be exempted by the City Council shall be as follows. . . .c. Affordable Housing. All housing deed restricted in accordance with the housing guidelines of the City Council and its housing Designee. The review of any request for exemption of housing pursuant to this section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling unit proposed, specifically regarding the number of bedrooms in each unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be restricted. Response - This proposal is consistent with the Affordable Housing Production Plan (Draft) . The Plan identifies this site for affordable housing. The rental price is in the moderate income range and the unit mix is a direct response to steering committee desires with the approval of City Council. Special Review - Off-Street Parking - Sec. 7-404 (B) (2) states " . . .the applicant shall demonstrate that the parking needs of the residents, guests and employees of the project have been met, talking into account potential uses of the parcel, its proximity to mass transit routes and the downtown area, and any special services, such vans , provided for residents, guests and employees. " Response - Council gave the applicant direction to minimize the use of the automobile and the number of parking spaces as much as possible. The Council feels very strongly that the City's affordable housing projects should be examples for managing the automobile. As was stated earlier, the applicant projected a need for 114 parking spaces (1/bedroom for the new development and . 6/room for the existing facility) . The applicant would like P&Z and Council to consider reducing the on-site parking from 114 to 86. This ✓ would eliminate the need for the parking lot west of building one and could be used for basketball, volleyball and additional landscaping. l 4 In order to make the 86 space parking plan work the applicant proposes the following management plan. Priority Rental to Non-Drivers - During the lease application period applicants without cars will have priority for housing in this project. Further, parking stickers/permits will be issued to residents with cars and will be charged a monthly fee in addition to their rent. Shuttle Service/Van Pool - The applicant proposes to participate in RFTA's van pool program. Van(s) will be leased from RFTA for a monthly fee and be operated by residents of this project. The RFTA lease will include maintenance, insurance and gas. This van service will be in addition to the existing RFTA service on SH 82 . Staff finds that the applicant has responded to Council ' s desires and finds that this kind of management approach will demonstrate the potential of reducing automobile use in the Community. Staff would urge both P&Z and Council to approve the 86 parking space option and require the applicant to audit the parking situation on an annual basis. The results of this audit will provide future projects with valuable information about automobile use. The applicant has proposed non-permanent facilities on the location of the west parking lot, this will provide the project with a safety valve for the provision of future parking should the need become apparent. Final PUD - Sec. 7-903 (B) lists review standards for PUD. Many of these review standards have been addressed in Conceptual or previously in this memorandum, therefore, staff will summarize where appropriate. 1. General Requirements. a. The proposed development shall be consistent with the Aspen Area Comprehensive Plan. The Affordable Housing Production Plan identifies this site as appropriate for affordable housing. The State Highway 82 Corridor Master Plan identifies this site as part of the Scenic Foreground. The purpose of a Scenic Foreground is to steer development away from highly visible sites and to minimize the visual impacts of the limited development which may occur in the foreground so as to obtain an aesthetically pleasing rural approach to Aspen. The proposed site is in the Scenic Foreground, but it is screened from SH 82 by the existing Red Roof Inn and a large stand of cottonwoods on the east side of the site. This screening 5 effectively minimizes the visual impact of the development. The Applicant shall be required to demonstrate that the proposed structures do not extend above the height of the existing structure, as viewed from SH 82. b. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The zone districts which surround this site are Park in the City and R-30, AF-2 in the County. The reason the PUB zone district was selected is to ensure that the parcel remains in the Community's control. Further, the PUB zone district is a community facility related zone district which is compatible with land uses in the area (golf course, affordable housing, pro shop, residential uses across highway) . c. The proposed development shall not adversely affect the future development of the sur- rounding area. This project is an addition to an existing facility which is surrounded by a City owned golf course. No adverse impact to future development is anticipated. d. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. The applicant is requesting GMQS Exemption for the construction of affordable housing. 2. Density. Density is set by Conceptual and Final Development Plan in the Public Zone. The issue of density was discussed at Conceptual PUD. In summary the density for this project is 27 units/acre (38 two bedroom and 8 studio units in this proposal and 50 rooms in the existing facility on a site of 3.56 ac. This density is within the allowable density for free market development in the R/MF zone. Further, the project is surrounded with City owned open space (Golf Course) . 3. Land Uses. The land uses permitted shall be those of the underlying Zone District. Detached residential units may be authorized to be clustered in a zero lot line or row house configuration, but multi-family dwelling units shall only be allowed when permitted by the underlying Zone District. Affordable housing is a 6 conditional use in the Public zone. 4. Dimensional Requirements . ( DIMENSIONAL REQUIREMENTS ARE SET BY CONCEPTUAL AND FINAL DEVELOPMENT PLAN IN THE PUBLIC ZONE) . Parcel size 154 , 890 s. f. Existing building footprint 31, 200 s. f. Proposed building footprint 14 , 706 s. f. Proposed roads and parking Proposed open space Existing floor area 36, 550 s. f. Proposed floor area Proposed FAR Proposed Density 27/ac Maximum Proposed Dimensions Minimum side yard 5 ft Minimum front yard 5 ft Minimum rear yard 5 ft The applicant shall provide information on dimensional requirements at the P&Z meeting. Staff finds the project plan acceptable, but need the above information for the PUD agreement. 5. Off-street parking. Off-street parking is set by special review in the Public zone. This issue was addressed earlier in this memorandum. 6. Open Space. The open space requirement is set by special review. Staff finds the plan acceptable and realizes that it will be enhanced if the west parking lot is converted to open space. 7. Landscape Plan. There shall be approved as part of the Final Development Plan a landscape plan, which exhibits a well designed treatment of exterior spaces. It shall provide an ample quantity and variety of ornamental plant species that are regarded as suitable for the Aspen area climate. Staff finds the proposed landscape plan adequate ; however, the existing drawings illustrate the 114 parking space plan. Adequate landscape treatment shall also be given to the area where- parking- is -removed if the 86 parking space plan is acceptable. 8. Architectural Site Plan. There shall be approved as part of the Final Development Plan an architec- tural site plan, which ensures architectural consistency in the proposed development, architec- tural character, building design, and the preser- vation of the visual character of the City. 7 conditional use in the Public zone. 4. Dimensional Requirements . ( DIMENSIONAL REQUIREMENTS ARE SET BY CONCEPTUAL AND FINAL DEVELOPMENT PLAN IN THE PUBLIC ZONE) . Parcel size 154 , 890 s. f. Existing building footprint 31, 200 s. f. Proposed building footprint 14 ,706 s. f. Proposed roads and parking Proposed open space Existing floor area 36, 550 s. f. Proposed floor area Proposed FAR Proposed Density 27/ac Maximum Proposed Dimensions Minimum side yard 5 ft Minimum front yard 5 ft Minimum rear yard 5 ft The applicant shall provide information on dimensional requirements at the P&Z meeting. Staff finds the project plan acceptable, but need the above information for the PUD agreement. 5. Off-street parking. Off-street parking is set by special review in the Public zone. This issue was addressed earlier in this memorandum. 6. Open Space. The open space requirement is set by special review. Staff finds the plan acceptable and realizes that it will be enhanced if the west parking lot is converted to open space. 7. Landscape Plan. There shall be approved as part of the Final Development Plan a landscape plan, which exhibits a well designed treatment of exterior spaces. It shall provide an ample quantity and variety of ornamental plant species that are regarded as suitable for the Aspen area climate. Staff finds the proposed landscape plan adequate ; however, the existing drawings illustrate the 114 parking space plan. Adequate landscape treatment shall also be given to the area where parking is removed if the 86 parking space plan is acceptable. 8. Architectural Site Plan. There shall be approved as part of the Final Development Plan an architec- tural site plan, which ensures architectural consistency in the proposed development, architec- tural character, building design, and the preser- vation of the visual character of the City. 7 Staff finds that the Architectural Site Plan meets the standards of the Code and is a significant improvement over the initial concepts that were developed prior to the series of steering committee/public meetings. The current proposal minimizes the mass of the structures and provides usable open space on the site. 9. Lighting. All lighting shall be arranged so as to prevent direct glare or hazardous interference of any kind to adjoining streets or-lands. The applicant has committed to low level incandescent lights with down lit lenses. 10. Clustering. Clustering of dwelling units is encouraged. This standard competes with other goals of the proposal and while the buildings are not "clustered" the intent of this section is realized. 11. Public Facilities. The proposed development shall be designed so that adequate public facilities will be available to accommodate the proposed development at the time development is con- structed, and that there will be no net public cost for the provision of these public facilities. Further, buildings shall not be arranged such that any structure is inaccessible to emergency vehicles. In terms of public facilities the referral agencies have indicated only minor concerns regarding water and sewer. Further, emergency vehicle access and fire safety have been addressed. The Engineering Department suggested that Environmental Health review and comment on the grease traps in the drainage system in order to ensure that pollutants to not run-off into the Golf Course irrigation system. 12. Traffic and Pedestrian Circulation. a. Every dwelling unit, or other land use permitted in the Planned Unit Development (PUD) shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. This 8 standard has been addressed. b. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development (PUD) shall not be connected to streets outside the development so as to encourage their use by through traffic. The Engineering Department is not satisfied with the information provided in the traffic analysis or with the information provided for parking management. c. The proposed development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the proposed development, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. See above comments. d. Every residential building shall not be farther than sixty (60 ' ) feet from an access roadway or drive providing vehicular access to a public street. This standard has been addressed. e. All non-residential land uses within the Planned Unit Development (PUD) shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. This standard has been addressed. f. Streets in the Planned Unit Development (PUD) may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent City regulations and ordinances. The Golf Course parking and street system will be privately maintained. The following are the conditions which Council directed the applicant to address as part of the Final PUD submission. 1. Provide staff with a geotechnical study to determine the impact of existing fill material on the proposed development. This standard has been addressed in Exhibit 5 of the proposal. 9 2 . Work with the CDOH and Engineering Department to develop a detailed traffic study to determine the traffic impacts that this proposal will have on SH 82 and develop an adequate "interim" strategy until SH 82 is improved, (eg. traffic light) . At Council's conceptual review many concerns were raised about the issue of SH 82. Council urged that the applicant and staff work to develop a plan which reduced the traffic generation impact of the project and therefore the need for intersection improvements. The applicant has committed to a parking management program and van pool program. Further, the applicant has indicated to staff in a phone conversation that $40,000 is available for improvements to the SH 82 intersection. Perhaps this money can be combined with RFTA's HOV funds to develop adequate intersection improvements. 3 . Provide a plan for plowing the trail along the golf course in the winter to encourage winter bike riding as a way of commuting into town. The applicant requests that the P&Z and Council reconsider this condition because of its impact on cross country skiing. Staff finds that plowing this path will have little impact on cross country skiing because the golf course is utilized for skiing and not the trail. Staff finds that a plowed trail provides an attractive route for pedestrians and bicyclists. 4 . Develop a detailed Transit Plan in cooperation with MAA and RFTA. Suggested elements of this plan include free transit, safe crossing of SH 82 or a RFTA turn around on the site, provision of a covered bike rack(s) and provision of a fleet of bikes for use by MAA students and other residents. During conceptual review Council directed the applicant to implement auto disincentives and the applicant has responded. Staff finds the van pool concept a good one and would like the applicant to explain how it would work for MAA students. Perhaps a small fleet of bicycles could be made available for seasonal residents. 5. Comply with the ACSD standards for connecting to the District system and providing for the ACSD to take over ownership and maintenance of the sewer line at the Aspen Greens. The applicant indicates that exhibit 7 outlines the sewer service plan. This exhibit was reviewed by ACSD and found to be incomplete. 6. Provide a fire hydrant at the turnaround as requested by the Fire Marshal. This condition has been addressed. 7. The structures shall be sprinkled with a residential system and be equipped with an automatic fire alarm system capable of notifying all occupants of a pending problem, to the 10 • satisfaction of the Fire Marshal. This condition has been addressed. 8. The Land Use Code allows for 8 people in a dormitory unit. The Applicant should be aware that the current proposal does not meet this requirement. Since this is only Conceptual review staff has not taken issue with this design concern, but the Applicant should make the appropriate design change in the Final Application. This condition no longer applies. 9. Provide basketball and volleyball in conjunction with the tennis facilities. The 86 parking space plan will address this condition. 10. Change the name of the project to something which does not use the word Aspen. The applicant will rename the project. 11. The Applicant shall undertake a wage survey to provide the P&Z with information which will be used to determine whether or not the proposed rents are affordable. Council deleted this condition. 12 . The P&Z is aware that since P&Z 's Conceptual review the City Council has changed the program for this proposal from a mix of seasonal and permanent housing to all permanent housing. Therefore, the applicant must be prepared to address program aspects of this proposal which the P&Z dealt with at Conceptual during Final PUD, if the P&Z deems it necessary. This condition has been addressed, in large part. Staff requires that the applicant provide us with dimensional requirements for the project so that zoning and building checks will be less confusing. CONCLUSION: The Housing Authority has developed a process and project which should be replicated by all affordable housing projects. The aspects of this project which staff would like incorporated into all affordable housing projects are as follows. Neighborhood Meetings - The Housing Authority established a steering committee for the Red Roof and -Marolt sites at the beginning of the process. They did not develop plans and then present them to committee members, instead they spent months discussing housing needs which could be addressed by these sites. Then the Housing Authority held neighborhood meetings/open houses to critic various concepts which had been developed. After this public input the Housing Authority submitted an application into the Planning Office. Staff finds the result of this effort is an excellent product (even though the program changed at conceptual) . Energy Conservation/Environmental Concern - The design team understands the importance of long term affordability. 11 Solar orientation, insulation and weatherization techniques used on this project should be models for all affordable housing projects. Further, the selection of building materials which do not use CFC's shows a concern for the environment which seldom is seen in at this level of detail; this should be a model for all affordable housing projects. Automobile Disincentives - The Housing Authority is willing to work with Council to achieve a more auto independent community. Parking management, priority to non-driving residents and van pools are disincentive measures that if successful will reduce the impact of the automobile in the Community. RECOMMENDATION: Staff recommends approval with conditions for the project plan alternative with 86 parking spaces for the following: Rezoning from GCS to Public for this 154, 890 s. f. parcel ; Conditional Use for affordable housing in the Public zone; Special Use Review for the 86 parking space plan; Final PUD Review; and GMQS Exemption for the construction of affordable housing (this is a Council action only) . Conditions to be met prior to the issuance of a building permit. 1. Comply with the ACSD standards for connecting to the District system and providing for the ACSD to take over ownership and maintenance of the sewer line at the Aspen Greens. 2 . Provide the Planning Office with revised drawings for the 86 parking space alternative, landscape plan, drainage plan, site plan. 3 . Provide the Planning Office with the dimensional requirements information for the project. � 4 . The applicant shall commit to providing a small bike fleet for seasonal residents. 5. The applicant shall commit to plowing the bike path from the golf course drive to Cemetery Lane. 6. The applicant shall provide the Engineering Department with a plat which depicts the applicable information required by Section 7-1004 (D) (1) (a) (3) and (D) (2) (a) . 12 Conditions to be addressed as part of project operation/management. 1. The applicant shall survey the parking management/auto disincentive measures employed for this project to determine if the program is working. If it is not working, then return to the P&Z and Council to increase the number of parking spaces. 2 . The applicant shall not construct any permanent facilities on the location of the west parking lot. This parking lot was removed to pursue auto disincentives and must remain an option for future parking expansion, if necessary. 3 . The applicant shall continue to work with CDOH and perhaps RFTA (HOV) to pursue a satisfactory resolution of the SH 82 intersection problem. The Housing Authority has $40, 000 programed for this effort. 4 . The applicant shall work with the CDOH to provide a safe pedestrian crossing of SH 82 at the entrance to the project. aspen.greens. final.pud.pz 13 1 ...-.,,,.. I L i 2,„ , ) / kl,' ,' 'I 4 , 1 , ' -/ nl, - ,; A.\\:" ;f 1 ,.., r,,,,,,., , I -,, •I, ./. ---- ....0, , 7 / [ i • OP [ I I I Iii I I 0 0-Z A 7. 1 ., Affil / - (Ar o_co / 7,..:Lii • "IMM ---- I 0 ■= ' I / ' . III _ (-) ; k\,_ :4 LZ, \ 1 1 I ,T, \ \\ '' 1111.111111M11 \ \\[ , ar 4._ ' '---\ 11,1 40 L 7) I IIIMIIII , • I 1 11011111 t q i 00 , 41/4‘. 1111 I vi 1 "'"---,- - , ' "2' 'LL"'Aeallr 111111131'i s''' \ \ I I \ 1 • ,/ *a I ilk Imo_Ar ''t I II li‘ lig t cl) r pilk Ill [moot .4116. 17; 7( ° ___\\it. 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Ill.,, „, ., , \t 1 '` p __• L,,,\,,, --\,,, , ,� PUBLIC NOTICE RE: RED ROOF INN AFFORDABLE HOUSING FINAL PUD, REZONING, CONDITIONAL USE, SPECIAL REVIEW AND GMQS EXEMPTION NOTICE IS HEREBY GIVEN that a public hearing will be held on June 20, 1989 at a meeting to begin at 4 : 30 P.M. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, CO 81611 to consider an application submitted by the Aspen/Pitkin Housing Authority requesting Final PUD approval in order to construct affordable housing. The applicant is also requesting rezoning of the 154,890 square foot parcel from Golf Course Support zone to Public (PUB) zone, Conditional Use approval for affordable housing in the PUB zone, Special Use Review for off-street parking and GMQS Exemption for affordable housing. The applicant proposes to construct low income housing, consisting of 38 two bedroom apartments and 8 studio apartment (a total of 84 bedrooms) located in 4 buildings totaling 28, 532 square feet of floor area, adjacent to the existing Red Roof Inn on Highway 82 on the Aspen Golf Course. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St. , Aspen, CO 81611 (303) 920-5090. s/C. Welton Anderson. Chairman Aspen Planning and Zoning Commission Published in The Aspen Times on June 1, 1989. City of Aspen Account. /2 ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 May 23 , 1989 Tom Stevens The Stevens Group 230 E. Hopkins Avenue Aspen, Colorado 81611 RE: Red Roof Inn PUD Final Plat Dear Tom, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, June 20, 1989 at a meeting to begin at 4: 30 p.m. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. Notice of the public hearing must be mailed to adjacent property owners and a sign posted on the property. If you have any questions, please call Tom Baker, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant cc: Jim Adamski, Housing Director MEMORANDUM TO: City Attorney City Engineer Aspen Water Aspen Consolidated Fire Marshall FROM: Tom Baker, Planning Department RE: Red Roof Inn PUD Final Plat Parcel ID # 2735-122-00-002 DATE: May 22, 1989 Attached for your review and comments is an application for the Red Roof Inn PUD Final Plat, submitted by Tom Stevens of the Stevens Group, on behalf of the Aspen/Pitkin County Housing Authority. Please review this material and return your comments no later than June 12, 1989, so I may have time to prepare for the P&Z. Thank you. MEMORANDUM -Af 494 , • City Attorney City Engineer Aspen Water Aspen Consolidated Fire Marshall ; ; BROM"! Tom Baker, Planning Department RE: Red Roof Inn PUD Final Plat Parcel ID # 2735-122-00-002 DATE: May 22 , 1989 Attached for your review and comments is an application for th Red Roof Inn PUD Final Plat, submitted by Tom Stevens of th Stevens Group, on behalf of the Aspen/Pitkin County Housin Authority. Please review this material and return your comments no late than June 12 , 1989, so I may have time to prepare for the P&Z . Thank you. )6 /i-C /c /e; & L u ASPEN WATER DEPARTMENT TO: Tom Baker FROM: Jim Markalunas SUBJECT: Red Roof Inn PUD Final lat DAZE: 6/6/89 We have reviewed the ap lic tion for water service and it appears the applicant intends to extend the 6" main easterly as referred on pg. 3 of the drawings. Although there still remains some details to be worked out as to the exact location and configuration of the water utility line, we can advise you at this time, that there is sufficient capacity to service the facility. cc: The Stevens Group Banner Assoc. Aspen 19onsolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Tele. (303) 925-2537 June 12, 1989 Tom Baker, Acting Director Planning Department 130 S. Galena Aspen, CO 81611 Re : Red Roof Inn PUD Final Plat Dear Tom: The applicant' s engineer states in exhibit 7 of the application that he is in the process of working with us in order to design the new line that will service this project. So far we haven' t seen any plans for the required new line. Our understanding with the applicant is that a new line will be built to District standards, the appropriate easements will be granted to the District, and ownership will be granted to the District for that portion of the line which is to be maintained by the District. If these conditions could be incorporated into the resolution approving the project then we can expedite approval without waiting to review the "work in progress". Sincerely, Bruce Mather l y District Manager � a 1 2 ... .. MEMORANDUM TO: Tom Baker, Planning Office FROM: Jim Gibbard, Engineering Department DATE: June 5 , 1989 RE: Red Roof Inn PUD Final Plat Having reviewed the above application and made a site inspection, the Engineering Department has the following comments: 1 . The drainage plan which has been submitted is acceptable, however, Environmental Health should comment on the grease traps that are proposed to be installed on the outflow of the proposed detention ponds. 2 . The applicant needs to submit more detailed plans regarding the parking managing plan and a plan as to the schedule for the proposed van pool service. It should be noted that the State Highway Department contacted the Engineering Department and informed us that they are concerned about a change of use of access to this development from Highway 82 . 3. Prior to issuance of a building permit, the applicant needs to submit a plat to the Engineering Department that includes any applicable information required by sec. 24 art. 7-1004 (D) (1) (a) (3) and (D) (2) (a) of Municipal Code. jg/Redroof cc: Chuck Roth MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning Office RE: Gant Condominiums Rezoning DATE: June 9, 1989 ISSUE: The Gant Condominiums, an existing multi-family development, is a nonconforming use in the R-15 PUD zone district. The homeowners would like to remove the stigma of nonconformity from their property, in order to be able to make some very minor improvements to the facilities. Since this is a nonconforming use (that is, a use not allowed in the zone district) , no expansion of its square footage is permitted. The Applicant requests rezoning to one of several zone districts or amendment of the Code, allowing the requested changes to occur. HISTORICAL PERSPECTIVE: The Gant was developed in the early 1970 's, at a time when Aspen' s zoning was undergoing great changes. To the best of our knowledge, it was approved pursuant to Ordinance 19, an interim zoning regulation in effect while the City completed and the implemented the 1973 Aspen Land Use Plan. The Gant is designated "mixed residential" on the 1973 Plan. The purpose of the mixed residential land use designation is "To allow for a mix of residential uses. . . and visitor accommodation uses in areas where these conditions presently exist. Only existing lodges should be considered for expansion in order to provide additional guest rooms. . . " . While the 1975 rezoning intended to implement the 1973 Plan, it can readily be seen that the R-15 designation for the Gant went a step beyond the Plan, by prohibiting all expansion potential for the facility. In this respect, the Gant' s situation is most similar to that which led to the class action taken in 1982 to rezone all of our small, nonconforming lodges to LP. These facilities had also become nonconforming uses in 1975 and had lost their expansion potential. The result was the economic stagnation and physical deterioration of a key segment of Aspen' s accommodations inventory. The staff believes that the Gant's situation may be symptomatic of several other older lodge/multi-family facilities in Aspen, which will require our attention in the coming years. We recommend that until a new Land Use Element is adopted our approach to these uses be similar to that for LP lodges, which is to view them as important resources, which should be supported, provided their impacts on surrounding uses can be mitigated. EXISTING SITUATION/PROPOSED IMPROVEMENTS: According to the Applicant's submission, the property consists of approximately 240, 588 square feet of land, with 157, 763 sq. ft. of buildings. It contains 143 dwelling units, of which 3 are for employees. Approximately 115 to 120 of the units are rented short term. There are a total of 305 bedrooms on the property, but only 105 parking spaces. The Gant is required to operate two vans, pursuant to its original approval. Other hotel-type services include front desk, reservations, bellman and conference facilities. Building heights range from 25 to 45 feet, measured to the midpoint of the roof. The Applicant's proposed changes at this time are as follows: 1. Expand existing office by approximately 820 sq. ft; 2 . Reconfigure existing arrival and departure area; and 3 . Relocate 8 existing parking places. The application also speaks to several other possible changes to the project in future years, including the following: 4 . Relocate check-in area to conference center building on Ute Avenue and expand that facility. Change entry area accordingly and convert existing office to employee housing or free market dwelling unit; 5. Expand conference center operations to include liquor license and small restaurant for Gant guests; and 6. Construct small tennis facility on south side of Ute Avenue on tennis court property located on 1001 claim. As noted previously, the Applicant's requests are quite modest. In fact, items 2 and 3 are not prohibited by the property's zoning. The items which are currently prohibited from even being considered are those which expand its area or use. ALTERNATIVES: The Applicant has gone to a great deal of effort to identify a range of alternatives to resolve the property's current zoning dilemma. The alternatives are as follows: 1. Amend Lodge Preservation (LP) zone district and rezone property to LP. 2 . Amend Lodge (L) Overly and rezone property to R-15 (L) PUD. 3 . Rezone property Lodge/Tourist Residential (L/TR) . 4. Create new zone district and rezone property accordingly. 2 5. Amend lodge preservation section of the Code (Sec. 9-105) to permit small expansions of non-conforming uses. We commend the Applicant for the thought which has gone into looking at these alternatives. We believe that a successful rezoning approach can be found among this list. We suggest that in evaluating these alternatives, the following fundamental criteria, adapted from the Code's review criteria, be considered: * The extent to which the alternative is consistent with adopted plans and current thinking for this neighborhood. * The extent to which the alternative will adversely affect similarly situated properties or offer positive or negative opportunities to such properties. * Whether the alternative is the simplest, most direct solution to the problem at hand. Following is an explanation and analysis of each alternative. Alternative 1: Amend Lodge Preservation (LP) zone district and rezone property to LP. Explanation: The LP zone district is intended to permit limited expansion of what were previously nonconforming lodge properties. The Gant does not conform to several of the existing LP zone district requirements. Most significantly, the zone district does not permit multi-family units. The Gant exceeds several of the zone district's dimensional requirements and does not meet its parking requirement. Analysis: Many of the lodges now zoned LP do not meet the district's underlying dimensional requirements. Therefore, it would not be unusual for certain structural or parking nonconformities to remain. If the Gant were rezoned to LP, additions would be limited to those which do not increase its nonconformity (for example, certain heights could not be increased and parking would have to provided for new bedrooms) . The fundamental problem with this option is that multi-family units were purposely excluded from the LP zone district and should not be introduced at this time. The LP zone district is intended . to preserve existing lodges. If we add multi-family uses to this zone district, we are sure to see existing lodges demolished and replaced with free market condominiums, which will be held off the tourist market and used as second homes. This type of proposal was recently made for the Bell Mountain Lodge rezoning and was rejected. We strongly recommend not expanding the LP zone district use list to include multi-family units. 3 Alternative 2: Amend Lodge (L) Overlay and rezone property to R- 15 (L) PUD. Explanation: The (L) Overlay is a designation used in conjunction with the R-15 zone district, making lodges a conditional use, limited by the dimensional requirements of the R-15 zone district. The only properties currently designated R- 15 (L) PUD are directly against Aspen Mountain, within Hadid's Top of Mill site and adjacent to the Barbee/Mine Dumps lot, on relatively steep lands bordered by detached residential uses. Analysis: The Applicant contends that the Gant was designated with an (L) Overlay subsequent to the 1975 rezoning, but is no longer shown in this manner on the City's Official Zone District Map. Staff review of zoning maps from the 1970 's and 1980 's shows the property to have been consistently zoned R-15 PUD. Because the (L) Overlay is limited by the R-15 dimensional requirements, the Gant would still be nonconforming as to FAR if we simply rezone it. Therefore, it would also be necessary to change this limit in the (L) Overlay to permit a much greater FAR, such as 0. 75: 1. We do not recommend this amendment to the (L) Overlay, because of its potential effect on other properties now covered by this designation. One option which might be considering would be to establish a limited FAR by right in the (L) Overlay (0. 25: 1?) , increasable to 0.75: 1 or even 1: 1 by P&Z review. While this could have the effect of substantially increasing the buildout potential of the Aspen Mountain properties, it may be no more than a recognition that a lodge cannot be built at R-15 densities, explaining why we have seen rezoning requests in every prior development plan for these lands. This option is not ideal, since it is a less direct, more difficult approach to resolving the problem than may be needed. Alternative 3: Rezone property Lodge/Tourist Residential (L/TR) . Explanation: The L/TR zone district, which was created out of the L-1 and L-2 zone districts, permits both lodges and multi- family units. It has an allowable external FAR of 1: 1. The Gant would be a conforming use in this zone district, with significant expansion potential. Analysis: Rezoning the Gant to L/TR would be inconsistent with adopted plans for this area. The 1973 Plan and current zoning map show the lodge district ending at Original Street. Further, the 1982 Short Term Accommodations Report suggests that rezonings to permit additional tourist accommodations not be supported. Instead, actions to preserve and enhance the existing inventory were recommended. 4 If this property were rezoned L/TR, surrounding properties might request L/TR or R/MF designation. These properties, now zoned either R-6 or R-15 include the following: Clarendon, Midland, Little Nell and Black Swan Condominiums. Because of potential effect on other properties, we do not recommend rezoning this property L/TR prior to completion of the Land Use Element. Alternative 4: Create new zone district and rezone this property accordingly. Explanation: Since the LP zone district is not intended for multi-family uses , another option might be to create a "Residential Preservation" zone district which addresses such uses , while also permitting the tourist amenities found at/proposed for the Gant. Analysis: We have not given this alternative a great deal of attention. If there were no other way to resolve this property's dilemma, we might have no choice but to support this approach. It will be the most time consuming to implement and may be much more solution than we need for this limited problem. We recommend that this option be considered a last resort, to be implemented only if a simpler solution is unavailable. Alternative 5: Amend lodge preservation section of the Code (Sec. 9-105) to permit small expansions of non-conforming uses. Explanation: Section 9-105 of the Aspen Land Use Regulations, "Lodge and Hotel Preservation" , was initially adopted about 1980, before the City enacted the class action rezoning of nonconforming lodges to LP. This provision, shown in the attachment labeled "Existing Language", was intended to permit restoration of nonconforming lodges, provided there was no expansion of floor area or lodge units. Expansion for employee housing was permitted, subject to conditional use review by P&Z. The reason this provision was not entirely successful was its limit on expansion of FAR and units. While this Section did not go far enough for the owners of the lodges, it may work for the Gant, if amended. We suggest that Subsection B be amended to also permit expansion of the "non-unit space" (defined as that area within the lodge which is commonly shared, such as lobbies, hallways, stairways, recreational areas and dining rooms) . The expansion would have to also meet the following criteria: * The total size of the facility could not be expanded by more than 10% of its existing floor area or 2 , 500 sq. ft. , whichever is less, in a one-time or cumulative expansion. * The property's resulting FAR would have to be equal or less than 1: 1 (1: 1 is the maximum FAR allowed on lodge parcels) . 5 6 * There could be no expansion in the size of rooms or the number of units. However, the new space could be used for rooms if an equal amount of existing square footage in rooms is converted to non-unit space. I have discussed this approach with the Applicant ' s representative, who concurs that it meets the Gant 's needs. It is the simplest approach we can identify. It would seem most reasonable to have the expansion be subject to special review by P&Z, since expansion of a lodge in the LP zone district carries this same requirement. However, this is a minor requirement as compared to many other review procedures. Furthermore, because of the very limited extent of the applicant's current requests (# 1 through 3 on page 1 of this memo) , P&Z can grant the necessary Special Review approval to the Gant, subject to the following: 1. The attached Code Amendment shall be approved by Council prior to the issuance of a building permit for the office expansion. 2 . An amended condominium plat shall be recorded showing the changes made to the project. 3 . The applicant shall agree to join any future improvement district affecting the property. 4 . An insubstantial PUD amendment shall be processed by the Planning Office staff for the subject application. This will save the applicant from making a return visit to P&Z. RECOMMENDATIONS: That P&Z recommend that Council amend Section 9-105 of the Aspen Land Use Regulations, as shown on the attachment labeled "Proposed Amendment. That P&Z grant special review approval to the Gant Condominiums to expand its office space by approximately 820 square feet, subject to the four conditions listed above. pzgant 6 v EXISTING LANGUAGE Sec. 9-105. Lodge and hotel preservation. All lodge and hotel uses and structures that are lawfully established at the time of adoption of this chapter or an amendment which would be considered to make the lodge or hotel a nonconforming use or structure under this chapter are hereby declared to be conforming and not subject to the provisions of this article as long as the following standards and requirements are met. A. Demolition or destruction. 1. Ability to restore. Any nonconforming lodge or hotel which is demolished or destroyed to the extent of less than seventy-five (75%) percent of the floor area or exterior wall area of the entire structure may be restored as of right if a building permit for reconstruction shall be issued within twelve (12) months of the date of demoli- tion. Any nonconforming lodge or hotel which is demolished or destroyed to the extent of seventy- five (75%) percent or more of the floor area or exterior wall area of the entire structure shall meet the dimensional requirements of the underly- ing Zone District. 2 . Non-willful destruction. Any nonconforming lodge or hotel which is demolished or destroyed by an act of God or through any manner not willfully accomplished by the owner may be restored as of right, regardless of the extent of demolition or destruction, if a building permit for reconstruc- tion shall be issued within twenty-four (24) months of the date of demolition or destruction. B. Increase in units or size. There shall be no increase in the number of units in the lodge or hotel, or the total square footage in the lodge or hotel, unless the enlargement is for the purpose of constructing deed restricted employee housing units accessory to the principal use. C. Construction of employee housing. The enlargement of the lodge or hotel for the purpose of constructing employee housing shall be reviewed and considered as a Development Application for a conditional use pursuant to Art. 7, Div. 3 . In determining whether to approve, approve with conditions, or disapprove the application, the Commission shall ensure all the following standards and requirements are met. 1. There is no increase in lodge or hotel units. 2 . The proposed employee housing units are in compliance with the adopted housing plan, and specifically the need for seasonal employee rooms. 3 . The construction quality and unit size of the proposed employee housing units meet the standards of the City' s housing designee. 4 . There are adequate public facilities to serve the proposed development, and off-street parking is provided pursuant to Art. 5, Div. 3 . 5. The proposed employee housing is compatible with surrounding land uses and the dimensional require- ments of the underlying Zone District. 6. The proposed employee housing is deed restricted to the employee rental guidelines, and against commercial rental or sale. In the event the lodge is condominiumized, the deed restricted units must be retained as a portion of the common elements of the lodge or hotel. 7 . The proposed employee housing receives health, safety and fire inspection and commitments are made to comply with the results of said inspec- tion. 8 . The deed restricted employee housing units are limited in their rental solely to employees of the lodge or hotel, and shall not be rented to other employees of the City nor rented on the open market. 9. The expansion may be in rental rooms, provided an equal amount of existing square footage of space is converted from rental rooms to deed restricted employee housing units. D. Abandonment. The intent of the owner notwithstanding, when a lodge or hotel subject to this section is discontinued or abandoned for twelve (12) consecutive months, then the use may not be re-established or the structure occupied, without conforming to the standards and requirements of the underlying Zone District. 2 PROPOSED AMENDMENT B. Increase in units or size. There shall be no increase in the number of units in the lodge or hotel, unless the enlargement is for the purpose of constructing deed restricted employee housing units accessory to the principal use, consistent with the requirements of Section 9-105 C. Enlargement of the square footage of a lodge or hotel shall also be permitted if the expansion shall be for the purpose of improving the facility's non-unit space. The enlargement for the purpose of improving the facility' s non-unit space shall be reviewed and considered as a Development Application for Special Review, pursuant to Art. 7, Div 4. In determining whether to approve, approve with conditions, or disapprove the application, the Commission shall ensure all the following standards and requirements are met. 1. The lodge or hotel shall not be expanded by more than ten percent (10%) of its existing floor area or two thousand-five hundred (2,500) square feet, whichever is less. Enlargement which occurs in phases shall not exceed these limits, measured on a maximum cumulative basis. 2. The external floor area of the lodge or hotel shall be equal to or less than 1:1 following the enlargement. 3 . The expansion may be in rental rooms, provided an equal amount of existing square footage is converted from rental rooms to non-unit space. gantamend L17� (,� S(� Y sd\ ( a {-5 9th //. PLANNED UNIT DEVELOPMENT AND SUBDIVISION IMPROVEMENTS AGREEMENT FOR TRUSCOTT PLACE AFFORDABLE HOUSING PROJECT THIS PLANNED UNIT DEVELOPMENT AND SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement") is made and entered into by and between the City of Aspen, a municipal corporation and home rule charter city (hereinafter referred to as the "City") and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 and Page 751 of the records of the Pitkin County Clerk and Recorder' s Office (herinafter referred to as "Lessor") . W I T N E S S E T H WHEREAS, in 1989 the Lessor submitted to the City for approval, a Final Planned Unit Development of a residential project consisting of forty-six (46) affordable rental housing units (Buildings 200 and 300) , conversion of fifty (50) lodge rooms (in the old Red Roof Inn Building - Building 100) , a reduction in parking spaces form 114 to 86 parking spaces and rezoning of 154 ,890 square feet to the Public Zone district; and WHEREAS, in 1989 the Project received approvals pursuant to the following sections in the Aspen Municipal Code: Rezoning from GCS (Golf Course Support) to PUB (Public) pursuant to Chapter 24, Article 7, Division 11; Conditional Use for Affordable Housing pursuant to Chapter 24 , Article 7, Division 3 ; Final Planned Unit Development approval pursuant to Section 7-903 (B) ; Special Review for Parking pursuant to Section 7-404 (B) (2) ; and GMQS Exemption for Affordable Housing pursuant to Section 8-104 (C) (1) (c) ; and Vesting of Development Rights pursuant to Section 24-6-207 ; and WHEREAS, the Project requested improvements in 1993 for Building 100 to provide 50 private storage closets for an increase in floor area of 1, 325. 0 square feet and replacement of the balcony railings with a solid railings for the studio units, enclose the two existing trash/recycle bins, provide eight additional on-site parking spaces at the end of the cul-de-sac area; remodel the old Housing Office into a two-bedroom manager's unit; and WHEREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205 (A) (8) (c) of the Municipal Code and did conduct a public hearing therein on May 4 , 1993 ; and 1 370199 B-r 50 P-964 05/19/94 11 : 05A PG 1 OF 86 PEG DOC S I L V I A DAVIS P I TK:I N COUNTY CLERK & RECORDER 430. 00 WHEREAS, upon review and consideration of the amendments, agency and public comment thereon, and those applicable standards as contained in Section 24-7-907 (B) of the Municipal Code, to wit, (Planned Unit Development) , the Planning and Zoning Commission has recommended approval of the substantial amendments to the Truscott Place Final PUD Development plan subject to conditions, to the City Council ; and WHEREAS, the Lessor upon further review of the auto disincentive parking plan was approved to provide an additional eight (8) on-site parking spaces; and WHEREAS, the City has imposed on the Lessor conditions and requirements in connection with the approvals described above such conditions and requirements being necessary to protect, promote and enhance the public health, safety and welfare. Such conditions are set forth in Ordinance No. 30, (Series of 1993) , attached as Exhibit "C" and incorporated herein; and WHEREAS, under Section 7-904 and 7-1006 of Article 7, Chapter 24 of the Municipal Code of the City of Aspen (hereinafter "Land Use Regulations") , the City is entitled to assurance that the matters agreed to herein will be performed by the Lessor and its successors or assigns; and WHEREAS, the Lessor is willing to enter into such Agreement with the City and to provide assurances set forth herein to the City; and WHEREAS, prior to entering into this Agreement, the City fully considered the development applications dated May, 1993 and June, 1993 , filed by the Lessor with the City Planning Department and has reviewed the anticipated benefits and burdens to neighboring or adjoining properties by reason of this Project. Further, the City has considered the requirements, terms and conditions of the Municipal Code of the City of Aspen and such laws, rules and regulations as are applicable; and WHEREAS, the Lessor has submitted to the City for approval, execution and recording an Amended Final Planned Unit Development Plat (hereinafter referred to as the "Plat") pertaining to the development of a residential project consisting of forty-six deed restricted affordable rental units and the conversion of fifty (50) deed restricted affordable studios known as the Truscott Place Development (hereinafter collectively known as the "Project") on real property owned by the City of Aspen which is more particularly described as Lot 2 , the Aspen Golf Course Subdivision. A reduced copy of Plat is attached as Exhibit "B" and is incorporated herein; and WHEREAS, the City is willing to approve, execute and accept for recordation the Plat; and 2 170199 B-750 P-965 05/19/94 11 : 05A PG 2 OF 86 370199 B-750 P-966 05/19/94 11 : 05A PG :3 OF 86 WHEREAS, this Agreement, the Plat and Ordinance No. 30, (Series of 1993) , shall constitute the amended and final development plan and development regulations for the Project pursuant to Section 7-906, of Chapter 24 of the Municipal Code. NOW, THEREFORE, in consideration of the mutual covenants herein and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. Description of Project. The existing Building 100 contains 30, 781 square feet of floor area to include; fifty (50) studios of 367 square feet, one (1) 2-bedroom 1, 000 s. f. on-site property management dwelling unit, laundry room at 800 s. f. , APCHA office at 200 s. f. The upper level golf course accessory uses include bar/lounge area at 2 ,448 s. f. , dining area at 2, 348 s. f. , upper loft/office at 620 s. f. , kitchen and kitchen storage at 1, 121 s. f. and restrooms at 260 s. f. The lower level golf course accessory uses include APCHA maintenance area at 1, 104 s. f. , Aspen Jr. Golf area at 1,400 s. f. , liquor storage area at 272 s. f. , and general restaurant storage area at 368 s. f. The 1993 PUD amendments shall add a total of 1, 527 square feet of floor area to the PUD development plan to include; addition of 1, 325 s. f. of floor area to Building 100, enclosure of the existing two trash/recycle bins for approximately 202 s. f. and replace the open deck railing with a solid deck railing for each studio unit. Building 200 contains 17, 950 square feet of floor area to include: Ground Floor - One (1) 2-bedroom unit at 694 s. f. , four (4) 1-bedroom units at 502 s. f, seven (7) 2-bedroom units at 698 s. f. ; Second Floor - One (1) 2-bedroom loft unit at 871 s. f. , two (2) studio loft units at 556 s. f. and nine (9) 2-bedroom loft units at 931 s. f. Subterranean floor area includes storage, mechanical rooms and stairs equaling 2 , 514 s. f. Building 300 contains 16, 321 square feet of floor area to include: Ground Floor - One (1) 2-bedroom unit at 694 s. f. , four (4) 1-bedroom units at 502 s. f. , six (6) 2-bedroom units at 698 s. f. ; Second Floor - One (1) 2-bedroom loft unit at 871 s. f. , two (2) studio loft units at 556 s. f. , and eight (8) 2-bedroom loft units at 931 s. f. Subterranean floor area includes mechanical space equaling 410 s. f. 2 . Acceptance of Plat. Prior to filing, the amended plat shall be reviewed and approved by the Engineering and Planning Departments. The amended plat and agreement shall include prior approval and approved amendments. Upon execution of this Agreement by all parties hereto, and upon approval of the amended final plat by the Engineering Department and Planning Office, the City agrees to approve, and execute the final plat for the Project submitted 3 370199 B-750 P-967 05/19/94 11 : 05A Pe 4 OF 86 herewith, which conforms to the requirements of the Section 24-7- 1004 of the Aspen Municipal Code. The City agrees to accept the Plat for recording and the Lessor shall file with the Pitkin County Clerk and Recorder an amended PUD development plan and PUD agreement within 180 days of final approval (June 14, 1993) or the approval is rendered invalid. Reduced size copies of the following documents, representing plat and plans that have been approved as part of this Subdivision Improvements Agreement, are attached as the following Exhibits: A. Legal description, Exhibit "A" . B. Reduced Copy of Plat, Exhibit "B" . C. Ordinance 30, (Series of 1993) , Exhibit "C" . D. Aspen City Council Minutes dated June 29, 1989, Exhibit "D" . E. Ordinance No. 37, (Series of 1989) , Exhibit "E" . F. Ordinance No. 31, (Series of 1989) , Exhibit "F" . G. Truscott Place Occupancy Deed Restriction and Agreement for Employee Dwelling Units, Located in Building 100, Approved Pursuant to Section 3-8. 13 of the Pitkin County Land Use Code, Exhibit "G" . H. Truscott Place Occupancy Deed Restriction and Agreement for Employee Dwelling Units, Located in Buildings 200 and 300, Approved Pursuant to Section 3-8 . 13 of the Pitkin County Land Use Code, Exhibit "H" . I. Final Landscape Plan, Exhibit "I" . J. Private Utilities Plan, Exhibit "J" . K. Subsoil Study for Foundation Design, prepared by Chen-Northern, Inc. , dated June 20, 1989, Exhibit "K" . L. "Ownership and Encumbrance Report, Exhibit "L" . 3 . Construction and Phasing. The construction for Buildings 200 and 300 were completed in the fall of 1990. Remodeling of the fifty studio apartments and enclosure of the outside storage space for Building 100 were completed in the summer of 1993 . Remodeling of Building 100 construction costs, which included adding parking spaces and storage units, totaled $657, 000. 4 . Parking. The Lessor is to provide the Planning Office with the revised Plat depicting the ninety-two (92) parking spaces. The Lessor shall insure that parked vehicles will not encroach into the cul-de-sac. The City may require the Lessor to provide more than the ninety-two (92) approved parking spaces on-site. The Lessor shall not construct any permanent facilities on the location of the west parking lot. This parking lot was removed to pursue auto disincentives and must remain an option for future parking expansion, if necessary. Paving of the basketball and volleyball courts could provide a substantial number of on-site parking 4 7170199 8--i 50 P-968 05/19/94 11 : 05A PG 5 OF 86 spaces, if required. For this reason, the recreational improvements are located as temporary uses in case more parking is needed. The Lessor commits to a parking management/auto disincentive program which shall be surveyed on an annual basis to determine if the program is effective. If it is proven non- effective, the Lessor shall return to the City to increase the number of on-site parking spaces. 5. Landscaping. The Lessor agrees that it shall landscape the Project in accordance with the Final Landscape Plan attached hereto as Exhibit "I" , which plan shows the extent and location of plants installed, all landscape features, flowers and shrub definition, the treatment of all ground surfaces (paving, sod, etc. ) and other elements of the landscape plan, including associated irrigation systems and revegetation of all disturbed areas. The Lessor shall promptly replace any plants which have not survived for a period of one growing season following the final Certificate of Occupancy for the Project. 6. Public Improvements. The Lessor is to comply with the Aspen Consolidated Sanitation District (ACSD) for connecting to the district system and providing for the ACSD to take over ownership and maintenance of the sewer line for the Project. The Lessor is to provide a fire hydrant at the turnaround as requested by the Aspen Fire Marshall . a. Sewer Tap Fees. The Lessor has paid sanitary sewer tap fees to the Aspen Consolidated Sanitation District (ACSD) in the amount of $42 , 004 . 25 for the development of affordable housing for Buildings 200 and 300. b. Water Tap Fees. The Project is developed as 100% affordable housing and is therefore exempt from payment of water tap fees. 7 . Private Utilities. The Lessor agrees to extend the utility lines as provided on the Private Utility Plans attached as Exhibit "J" . 8. Residential Fire Safety. The Lessor commits to providing a residential sprinkerled fire alarm system equipped with an automatic system capable of notifying all occupants of any pending fire hazard problems. 9. Private Amenities. The Project shall be constructed to include provision of basketball and volleyball in conjunction with the existing tennis facilities. 5 370199 8-750 P-969 05/19/94 11 : 05A PG 6 OF 86 10. Site Drainage. The Lessor shall provide the Engineering Department with a subsoil study to determine the impact of existing fill materials. See Exhibit "K" prepared by Chen-Northern, Inc. , dated June 20, 1989. Environmental Health should review and approve the grease traps that are proposed to be installed on the outflow of the proposed detention ponds. This has been accomplished. See Exhibit "B", Utilities and Drainge Plan. 11. Private Road Improvements. The Lessor agrees to provide the private road meeting City road construction specifications identified on the Final Plat to provide access to the Project. 12 . Highway 82 Intersection Improvements. The Lessor commits to a continued working relationship with the Colorado Department of Highways (CDOH) and RFTA (HOV) to pursue a satisfactory resolution of the Highway 82 intersection problem. The Lessor has budgeted $40, 000. 00 for improvements to the intersection of Highway 82 and the Project access. The Lessor shall work with the CDOH to provide a safe pedestrian crossing of Highway 82 at the entrance of the Project. The ultimate solution may require a traffic signal or pedestrian underpass or both. Prior to issuance of a building permit, the Lessor shall submit a plat to the Engineering Department that includes any applicable information required by Sections 24 , Article 7-1004 (D) (1) (a) (3) and (D) (2) (a) of the Aspen Municipal Code. 13 . Access Easement. Access is hereby granted to the City of Aspen Parks Department through Lot 2 to access to soils storage as shown on plat. 14 . Parking Easement. A parking easement shall be obtained from the City to increase the amount of parking. City Council may grant the easement to be shown on the final plat. 15. Auto Disincentive Program. The City may require the Lessor reconsider a shuttle van program with RFTA, a bicycle fleet or another form of auto disincentive to provide for the needs of the residents. 16. Transit Plan. The Lessor shall develop a detailed Transit Plan in cooperation with the Music Associates of Aspen (MAA) and the Roaring Fork Transit Agency (RFTA) . Suggested elements of this plan include free transit, safe crossing of Highway 82 or a RFTA turn around on the site, provision of a covered bicycle rack(s) and provision of a fleet of bicycles for 6 37C)199 B-75C) P-970 05/19/94 11 : 05A F'G 7 OF 86 use by the MAA students and other residents. This condition of the original 1989 approval is no longer relevant as MAA does not occupy this property. 17. Soil Storage Area. The Parks Department request that if problems arise between residents and the upkeep of the City's soil storage area, the Lessor shall construct a privacy fence or install landscaping to shield the soil storage area from resident housing and parking. 18. Deed Restrictions. Attached as Exhibit "H" is the recordation information of the Truscott Place Occupancy Deed Restriction and Agreement for Employee Dwelling Units, Located in Buildings 200 and 300, approved pursuant to Section 3-8. 13 of the Pitkin County Land Use Code to be used for the Buildings 200 and 300. Occupancy of these units shall be governed by the Aspen/Pitkin County Housing Authority's guidelines for Category #2 and #3 income, occupancy and residency guidelines. Attached as Exhibit "G" is Truscott Place Occupancy Deed Restriction and Agreement for Employee Dwelling Units, Located in Building 100, approved pursuant to Section 3-8 . 13 of the Pitkin County Land Use Code to be used for occupancy of Building 100. Prior to issuance of a Certificate of Occupancy, the Lessor shall execute and record in the Pitkin County Real Property Records these Master Deed Restrictions as incorporated and attached hereto. Occupancy of these units shall be governed by the Aspen/Pitkin County Housing Authority' s guidelines for Resident Occupied (R/O) category as to residency and employment requirements. 19 . Wood Burning Devices. No wood-burning devices are provided for Buildings 200 and 300. A wood-burning device located in Building 100 has been rendered inoperable and shall be approved for operation by the Environmental Health Department prior to any proposed use. 20. Recycling Program. The Lessor commits to working with Jim Duke to provide recycling containers on-site. 21. Vesting of Development Rights. The rights granted by the site specific development plan approved by Ordinance No. 30, (Series of 1993) shall remain vested for three (3) years from the date of final adoption (June 14 , 1993) . However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. The approval granted hereby shall be subject to all rights if referendum and judicial review. Nothing in the approvals provided in Ordinance No. 30, (Series of 1993) shall exempt the site specific development plan from subsequent reviews and or approvals required by Ordinance No. 30, 7 370199 8-7 50 P-971 05/19/94 1105A PG 8 OF 86 (Series of 1993) or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property rights subject to land use regulations by the City including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the Lessor shall abide by any and all such building, fire plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. 22 . Material Representations. All material representations made by the Owner on record in accordance with the approval of the Project shall be binding upon the Owner, its successors and assigns. 23 . Notice. Notices to the parties shall be sent by the United States Certified Mail, Return Receipt Requested, Postage Prepaid, to the addresses set forth below or to any other address received, three (3) days after the date of mailing the same. To the Owner: c/o City Manager 130 S. Galena Aspen, Colorado 81611 To the Lessor: Aspen/Pitkin County Housing Authority 530 E. Main, Lower Level Aspen, Colorado 81611 24 . Applicable Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado and the Aspen Municipal Code of the City of Aspen, Colorado. 25. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not effect the remaining provisions hereof. 26. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and enure to the benefit of the Owner, its successors and assigns and the Owner, its successors and assigns. 27. Enforcement. In the event the Owner determines the Lessor is not in substantial compliance with the terms of this Agreement or the final plat, the Owner may serve a Notice of Non- Compliance and request that the deficiency be corrected within a period of six (6) months. In the event the Lessor believes that it is in compliance or that the non-compliance is insubstantial, the Lessor may request a hearing before the City Council to determine 8 770199 8-750 P-972 05/19/94 11 : 05A PG 9 OF 8 whether the alleged non-compliance exists or whether any amendment, variance or extension of time to comply should be granted. On request, the Owner shall conduct a hearing according to standard procedures and take such actions as or then deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct and/or receive damages for any non-compliance with the Agreement. 28. Recording. This Agreement shall be recorded in the records of the Pitkin County Clerk and Recorder' s Office. 29 . Effective Date. This Agreement shall be effective from the latest date of signature as illustrated below. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year below. CITY OF ASPEN, a municipal corporation A7 /31,„-.4-)14- 0/7 y John Bennett, Mayor Date ASPEN/PITKIN COUNTY HOUSING OFFICE j/751/1/11d o Aid., . . .t . ,/ Thomas Baker, Executive Director Date ATTEST: /, /d-&( / / Katheri/ Koch, City Clerk Date APPROVED AS TO FORM: 7 '' .„ / fl,/ .1 j-Ohnr ,force ter, City Attorney Date 4144 Z. i 5/9/9/ Amy / gerum, Cd y Manager Date 9 370199 L�-(50 P-973 05/19/94 11 :05A PG 10 OF 86 EXHIBIT "A" Parcel described as Lot 2 , The Aspen Golf Course Subdivision as shown on plat thereof recorded in Plat Book 7 at Page 34. 770199 B-750 P-974 05/19/94 11205A PG 11 OF 86 -, . , 0 F2 :(117. g' Z 7:111 2 22“ ;;t II:ii:' 2 , ;i72, 11=1 ''' `*“ :,:tti q, 7' •I [- '.,. z 7 0 8 ' e !!, i i-',:.,; i,' "•-ia '•-•, z>- 2 : i ;2.0.11-': : ..-)it ; , .= I 1 ; ' A.,...,., 1, - r- i '; 1::f;:o ; - t% ; — . i O t o.1 ;, >D 0 Cr ; 'I! - - ' t .' 5'...,1;1:41 ' - - 1 ° : 1 i co . 2 • : • g .-.,-r .,€ g .1 , , . ' ! ',. ' '1'.!=':;: A , t , ; . i ' g ' 1 : ' ! 1".,:i ! 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ORDINANCE NO.30 EXHIBlTofC"6 (SERIES OF 1993) g AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL AMENDMENT TO THE FINAL PUD/SUBDIVISION PLAN AND VESTED RIGHTS FOR THE TRUSCOTT PLACE FINAL DEVELOPMENT PLAN , 39551 STATE 'HIGHWAY 82 CITY OF ASPEN, PITRIN COUNTY, COLORADO. WHEREAS, in 1989 the Truscott Place final PUD development plan was approved by the City Council; and WHEREAS, the final development plan included the conversion of 50 lodge rooms (in the Old Red Roof Inn building) to studio apartments and 46 new affordable dwelling units; and WHEREAS, the applicant, Aspen Pitkin County Housing Authority (APCHA) requested a reduction in the required number of parking spaces from 114 to 86; and WHEREAS, Council, seeking to minimize the impact of the automobile and set an example for managing the auto disincentive granted the reduction in parking from 114 to 86 spaces; and WHEREAS, the applicant has now submitted a request to amend the 1989 PUD development approval and vest development rights for three years; and WHEREAS, the applicant proposes to provide 50 private storage closets and replace the balcony railings with a more solid railing for the studio units, enclose the two existing trash/recycle bins, and provide eight additional on-site parking spaces; and WHEREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205 (A) (8) (c) of the Municipal Code and did conduct ,I a public hearing therein on May 4 , 1993 ; and 1 370199 8- 7 50 P-985 05/19/94 11 : 05A F'S 22 OF 86 r. -•i i 1 1 l? `,=}::. 716 ;-'i:_ b V J 4758411 07/01/93 1 : 54 Rec $3 . Doc .i�i� Silvia Davis, Pitk:in Cnty Clerk , EXHIBIT "C" Page 2 of 6 WHEREAS, upon review and consideration of the amendments, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 9 of Article 7 (Planned Unit Development) , the Planning and Zoning Commission has recommended approval of the substantial amendments to the Truscott Place final PUD development plan subject to conditions, to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the amendments under the applicable provisions of the Municipal IL Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public Q hearing; and WHEREAS, the City Council finds that the amendments, with tar conditions, are consistent with the approved final PUD development plan meets and the continued effort toward auto disincentives is consistent with the goals and elements of the Aspen Area Community Plan; and ii WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: C' Section 1: Pursuant to Section 24-7-907 B. of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the amendments of the final Planned Unit Development plan: 2 • #358411 07/01/93 15: 54 Rec $30. 00 BK. 716 PG 606 Silvia Davis, Pitkin Cnty Clerk , Doc $.00 EXHIBIT "C" Page 3 of 6 -�. 1. The applicant' s amendments to the final plan submission is complete and sufficient to afford review and evaluation for approval. 2 . The amendment to the final PUD plan is consistent with or an enhancement of the approved final development plan. Section 2 : Pursuant to the findings set forth in Section 1 above, the City Council grants a substantial amendment to the Final PUD development plan approval at Truscott Place for the addition of 50 private storage closets, replacement of balcony railings for the studio units, enclosure of two trash/recycle bins, and the addition of eight on-site parking spaces subject to the following 0 conditions: ra 1. The applicant shall file with the Pitkin County Clerk and 0 Recorder an amended PUD development plan and amended PUD agreement within 180 days of final approval or the approval is rendered t,7 invalid. •-' 2 . Prior to filing, the amended plat shall be reviewed and approved by the Engineering and Planning Departments. The amended plat and agreement shall include prior approval and approved o. amendments. 3 . All representations made by the applicant regarding this amendment shall be adhered to during any development. 4 . The applicant shall insure that parked vehicles will not encroach into the cul-de-sac. 5 . A 14 foot driveway shall be provided, as an easement, for Parks and Golf access to soil storage area and an 18" PVC irrigation pipe r- (schedule 40 rates) shall be installed to protect the irrigation ditch. 6 . An access easement shall be obtained from the City to increase the amount of parking. City Council may grant the easement to be shown on the final plat. 7 . The Parks Department has requested that if problems arise between residents and the upkeep of the City' s soil storage area, the Aspen Pitkin County Housing Authority shall construct a privacy fence or install landscaping to shield the soil storage area from resident housing and parking. 3 #758411 07/01/93 15: 54 Rec $30. 00 DK, 716 PG 607 Silvia Davis , Pitkin Cnty Clerk , Doc $. 00 EXHIBIT "C" Page 4 of 6 8. The PUD amendments shall add a total of 1, 527 square feet of floor area to the PUD development plan. Section 3 : All material representations and commitments made by the applicant pursuant to the amended PUD plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. 4:1 Section 4 : Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant vested rights for the Truscott Place PUD development plan as follows: E'•d 1 . The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. °7 2 . The approval granted hereby shall be subject to all rights of referendum and judicial review. a- 3 . Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City 6 provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. a- 4 . The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all rr) property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, 4 y' 15: 54 Rec E . Tie PG butt #758411 c:f r ; i�1% Clerk , 4:: , Doc $.00 Silvia Davis, F'it�::in Lnt'r EXHIBIT "C" Page 5 of 6 fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 5: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval .43 of a site specific development plan, and the creation of a 00 vested property right pursuant to Title 24 , Article 68 , o Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said 0 u notice shall be the ordinance granting such approval. in Section 6: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or 0. amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 0' Section 7: If any section, subsection, sentence, clause, phrase, "- or portion of this Ordinance is for any reason held invalid or in unconstitutional in a court of competent jurisdiction; such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof . U- _ Section 8: That the City Clerk is directed, upon the adoption of r:• this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 9 : A public hearing on the Ordinance shall be held on the // day of ,.____ , 1993 at 5: 00 in the City Council Chambers, Aspen City H. 11, Aspen Colorado, fifteen (15) days prior to which 5 #358411 07/01/93 15: 54 Rec $30. 00 BK. T1.41 F'S 609 Silvia. Davis, F'itk:in Cnty Clerk , Doc $. 00 EXHIBIT "C" Page 6 of 6 hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 1993 . ..... John/Bennett, Mayor est• oc , City Clerk FINALLY, adopted, passed and approved this day of 1993 . John ennett, Mayor - F Ar Kathryn Koch, City Clerk OF 86 'y 9 E;_,7gc_r P-990 05/19/94 11 : 05A PG • 3^r �. 19 6 EXHIBIT "D" Page I of 2 Continued Meeting Aspen City Council June 29 , 1989 city is passing on a subsidy in an equitable way to employees throughout the city and will the subsidy be directly reflected in rents. Mayor Stirling agreed with supporting this request if there is accessibility to these units from employees in general. Peter said the hospital paid for a study done by RMI on water conservation and suggested this may be transferrable to other projects. Peter said they could also look at how tap fees affect the rents. Tom Stevens said after looking at a couple of housing projects, the single largest budget item is tap fees which trans- lates into a lot of money per month for rents. Swanson said if they could get an extension of when they have to pay the tap fees until Council decides which way they are going, this would help the project. Councilman Crockett withdrew his motion. Council requested a policy be set in the next 60 days. FINAL PUD - Red Roof inns Employee Housing Tom Baker, planning office, told Council P & Z is recommending approval of the 86 parking space alternative. Rezoning of the land will be on July 17 . Tom Stevens, architect, pointed out the architecture has remained the same, the square footages have been refined. There will be 4 studios at 306 square feet; 4 one-bedroom units at 556 ; 38 two-bedrooms ranging between 694 and 931 square feet, a total of 46 units. The rents will be studio $300 ; one- bedroom $500 and two-bedrooms $650 to $830. Jim Adamski, housing office, said these rents are based on the costs they have right down. If costs are lowered, the rents can be lowered. Stevens said there are two buildings . The parking lot to the west of the units, with 28 spaces, has been dropped. The total parking is 86 spaces as part of an auto disincentive program. The plan calls for renting on a priority level to non-car owners, providing a van shuttle service to the project. Stevens told Council this program will be monitored over a yearly period; it is a pilot program. Stevens said if this program does not work, they have the ability to come back and put in that parking lot. The area where the parking lot used to be is now a volleyball and basketball court. There is 51 percent open space on the project. Stevens said they are working with the leisure services department on coordinating this project with the golf course. Baker said this project meets the GMQS exemption standards. P & Z felt the applicant responded well to Council suggestions about auto disincentive. P & Z focused on the intersection. All criteria have been met with the exception of the intersection at highway 82 . Baker said condition #3 deals with plowing the trail 14 370199 B-750 F--991 05/19/94 1 1 : 05A F='G 28 OF 86 EXHIBIT "D" Page 2 of 2 Continued Meeting Ashen City Council June 29 , 1989 between the golf course and Cemetery Lane to promote pedestrian and bicycle travel. Stevens said this is a city-owned trail. Stevens said the residents of this project are encouraged to use the trails, but all citizens of Aspen are encouraged to use trails. Stevens said the housing authority is not in the business of snow plowing nor is it in the business of covering the liability for plowing. Councilman Crockett said he feels the city should plow this trail. Bill Efting, leisure services department, said the city should be careful about setting precedents because there are other trails the city does not take care of. Council agreed to strike condition #3 . Baker said this project was well handled. There were a number of neighborhood meetings held before going into the process, which made things a lot smoother. Baker told Council the energy conser- vation and environmental concerns that went into this project make it a model affordable housing project. Baker recommended Council approval final PUD and GMQS exemption, with the conditions approved by P & Z. Councilman Gassman moved to approve the growth management quota system exemption and final PUD for Truscott place; seconded by Councilman Peters. Mayor Stirling asked if the public areas on the original building will be renewed and brought up to a certain standard. Adamski said the exteriors will be taken care of. Adamski said the housing office would like to work with the vendor on the interior spaces. Councilman Peters asked if it would make more sense to have the restaurant used for the project rather than for the golf course. Mayor Stirling said the sense of Council has been there needs to be support facility for the golf course. Councilman Peters suggested massing models be kept for affordable housing projects. Baker told Council the rear yard setback is 3 feet rather than 5 feet. Stevens said this is to provide for an entrance to storage facilities below the units. Stevens told Council under the public zone district, dimensional requirements are set during special review. Efting said the golf course alignment will not be affected. Council agreed with the setback. Baker said options suggested for solution to the highway problems are use of the HOV lanes or a traffic signal or a pedestrian underpass. Baker told Council the applicant is still working with the highway department, who will require an access permit. Councilman Peters said he wants staff to also pursue the speed limit near this project. All in favor, motion carried. r i y 199 B-750 P--992 05/19/94 11 : 05A PG 29 OF 86 15 �� " Page 1 of 3 EXHIBIT "E" eou G.1 __ „ . CO ORDINANCE NO.3 7-- — c.);;) (Series of 1989) `_ m Cam; c� AN ORDINANCE REZONING THAT PROPERTY IN THE CITY OF . ASPEN, COLORADO, KNOWN AS LOT 2 OF THE ASPEN GOLF COURSE SUBDIVISION FROM GCS (GOLF COURSE SUPPORT) OVERLAY TO PUB (PUBLIC) . WHEREAS, the Aspen City Council has been presented with a recommendation from the Planning and Zoning Commission to rezone Lot 2 of the Aspen Golf Course Subdivision from GCS to PUB for the purposes of providing affordable housing for the Community' s employees ; and WHEREAS, the City Council agrees with the Planning and Zoning Commission; and WHEREAS, a public hearing for this rezoning was held by the Planning and Zoning Commission on June 20, 1989 . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO Section 1 That it does hereby rezone Lot 2 of the Aspen Golf Course Subdivision to PUB (Public) . Section 2 That the Official Zone District Map be amended to reflect the zoning described in Section 1 and the Planning Director be authorized and directed to amend the map to reflect the zoning change. Section 3 That the City Clerk is directed upon adoption of this ordinance to record a copy in the office of the Pitkin County Clerk and Recorder. 0199 E+-750 F'-993 05/19/94 11 . 05A PG 30 OF 86 EXHIBIT "E" EQQK 311_ PAGE 6 LA Page 2 of 3 Section 4 • If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by and court of competent jurisdiction, such portion shall be deemed a separate, district and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 6 A public hearing on the Ordinance shall be held on the /7 day of , ' , 1989, at 5 : 00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on then day of • , 1989 . • 1F AS William L. Sti ling, Mayor ATTEST: • • h J.f • „. .14thry 74 Koch, City Clerk • 2 370199 B-750 P-994 05/19/94 11 : 05A PG 31 OF 86 Boo( u.tI NF,;EOiu EXHIBIT "E" Page 3 _of 3 FINALLY adopted, passed and approved this �� • day of •,..� .� , 1989 . / Michael `Gasman, Ma or�-P ® Tem ATTEST: . ' : mooch, City Clerk aspen rezon. ord.cc • 370199 B-r 50 P-995 05/19/94 19/94 1 1 : 0 5A PG 32 OF 86 ` 3 EXHIBIT "F" Page 1 of 21 ORDINANCE NO. a\ • (Series of 1989 ) AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO, OF ITS GENERAL OBLIGATION HOUSING BONDS , SERIES 1989A IN THE PRINCIPAL AMOUNT . OF $4 , 600 , 000 , FOR THE PURPOSE OF PROVIDING FUNDS FOR THE RENOVATION AND EXPANSION OF THAT PROPERTY FORMERLY KNOWN AS THE "RED ROOF TNN" LOCATED AT 22475 STATE HIGHWAY 82 IN THE CITY OF ASPEN, AND FOR THE REIMBURSEMENT OF CAPITAL EXPENDITURES PREVIOUSLY INCURRED BY THE CITY WITH RESPECT THERETO, TOGETHER WITH ALL NECESSARY INCIDENTAL AND APPURTENANT COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH; PRESCRIBING THE FORM OF SAID BONDS ; PROVIDING FOR THE SALE OF SAID BONDS ; ESTABLISHING CERTAIN FUNDS WITH RESPECT DTRR THERETO;OF PROVIDING A PLEDGE OF THE FULL FAITH THE CITY AS SECURITY FOR SAID BONDS ; APPOINTING A PAYING AGENT FOR SAID BONDS ; APPROVING THE FORM OF A LEASE WITH THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY AND THE FORMS OF A PAYING AGENCY AGREEMENT AND BOND PURCHASE AGREEMENT; AND PROVIDING OTHER DETAILS IN CONNECTION WITH SAID BONDS . WHEREAS , the City of Aspen, in the County of Pitkin and "City" ) , is a municipal corporation • State of Colorado (the i T1g as a home rule city pllrSUant to duly organized and exist_- A of Colorado and Article XX of the Constitution of the State the Charter of the City (the "Charter" ) ; and WHEREAS , Section 10 . 3 of the Charter provides in pertinent part as follows : No bonds or other evidence of indebtedness payable proceeds of general from the in whole or in part property taxes or to which the full faith and credit of the City are pledged, shall be issued, except in pursuance of an ordinance, nor until the cuestion of their issuance shall , at a special or general election, be submitted to a vote of the majority of those voting a ma electors and approved by 7 on the Question; . and WHEREAS , Section 13 . 4 of the Charter provides in pertinent part as follows : ` Council shall not sell , exchange or dispose of public building, utilities or real property in use for public purposes , including real property • 37 }199 B-750 P-996 05/19/94 11 : 05A PG 33 OF 86 _ r EXHIBIT "F" Page 2 of 21 acquired for open space purposes , without first obtaining the approval of a majority of the electors voting thereon . . . ; and WHEREAS , the following question regarding the issuance of Qeneral obligation bonds and the leasing of City property was submitted to the electors of the City at the May 2 , 1989 general election, and was approved by a majority of those voting on the question: QUESTION NO . 3 - ISSUANCE OF A GENERAL OBLIGATION BOND NOT TO EXCEED $4 . 6 MILLION FOR THE PURPOSE OF RENOVATION/EXPANSION OF THAT PROPERTY FORMERLY KNOWN AS THE RED ROOF INN FOR EMPLOYEE HOUSING/MA HOUSING PURPOSES , AND REIMBURSING THE CITY FOR PREVIOUS CAPITAL EXPENDITURES THEREFOR "Shall the City Council of the City of Aspen, Colorado , be authorized to issue general obligation bonds , in an amount not to exceed Four Million Six Hundred Thousand Dollars ( $4 , 600 , 000 . 00 ) , the term not to exceed twenty ( 20 ) years , and the interest 0% ) for the rate not to exceed ten percent ( 1property formerly renovation and expansion of that known as the "Red Roof inn" located at 22475 State Highway 82 in the City of Aspen ($3 , 600 , 000 . 00 ) , such facility to be leased to the Aspen/Pitkin Housing Authority, and for the reimbursement of capital expenditures previously incurred by the City with respect thereto ($1 , 000 , 000 . 00 ) ? Improvements shall not exceed seventy-five thousand ( 75 , 000 ) square feet in size, comprising not more than an additional one hundred ( 100 ) rooms and limited accessory facilities , including, but not to , bathrooms , living rooms , laundry facility and kitchens . Proceeds from the reimbursement of the capital expenditures shall be deposited in the Land Fund, subject to appropriation therefrom by the City Council . •Said parcel is also described as Lot 2 , The Aspen Golf Course Subdivision, as shown on plat thereof. recorded in Plat Book 7 at Pitkin County records . " ; and 370199 B-750 F'-997 05/19/94 11 :05A PG 34 OF Oh • -2- 13621 EXHIBIT "F" Page 3 of 21 • WHEREAS , Section 10 . 4 of the Charter provides as follows : The city shall not become' indebted for any purpose or in any manner in an amount which, including existing indebtedness , shall exceed twenty (20 ) percent of the assessed valuation of the taxable property within the city, as shown by the last preceding assessment for city purposes ; provided, however , that in determining the limitation of the City' s power to incur indebtedness there shall not be included bonds issued for the acquisition or extension of a water system or public utilities ; or bonds or other obligations issued for the acquisition or extension of enterprises , works or ways from which the City will derive a revenue in accordance with Section 10 . 5 of this article . - and; WHEREAS , the City Council (the "Council" ) of the City hereby determines that it is in the best interest of the City to issue the bonds hereinabove referred to in the question submitted to the electors of the City; and WHEREAS , the Council hereby determines to issue its "City of Aspen, Colorado , General Obligation Housing Bonds , Series 1989A" (the "Bonds" ) in the aggregate principal amount of $4 , 600 , 000 , in order to provide the funds necessary for the renovation and expansion (the "Project" ) of that property . formerly known as the "Red Roof Inn" located at 22475 State Highway 82 in the City (the ' Existing Facility" ) , including payment of interest on the Bonds during renovation and expansion of the Project , and for reimbursement of capital expenditures previously incurred by the City with respect thereto, together with all necessary incidental and appurtenant costs and expenses incurred in connection therewith, the Bonds to be general obligations of the City and secured by the full faith and credit thereof ; and WHEREAS , • the issuance of the Bonds will not exceed the limitations provided in Section 10 . 4 of the Charter and will • be in pursuance of the election question set forth above; and WHEREAS , the Council hereby determines to lease the Existing Facility, as renovated and expanded by the Project , to the Aspen/Pitkin County Housing Authority ( the "Authority" ) pursuant to a Lease Agreement dated as of August 1 , 1989 (the "Lease" ) between the City and the Authority, pursuant to which the Authority will act as agent for the City in carrying out the Project ; and -3- 1362I 7i70199 B-750 P--998 05/19/94 1 1 : 05A PG 35 OF 86 EXHIBIT "F" Page 4 of 21 • WHEREAS , the Council hereby determines to sell the Bonds to George K. Baum & Company and Kirchner Moore & Company (the "Underwriters" ) pursuant to a Bond Purchase Agreement (the "Bond Purchase Agreement" ) as provided herein; and WHEREAS , it is now necessary by ordinance to authorize the issuance, sale and delivery of the Bonds , and to provide for the details of and the security for the Bonds , and to authorize the execution and delivery of the Lease, the Bond Purchase Agreement and the hereinafter defined Paying Agency Agreement and related matters ; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT : Section 1 . Definitions . In this Ordinance , the capitalized words and terms not otherwise defined herein ,o shall have the following meanings : "Bond Fund" means the Bond Fund established pursuant to Section 9 hereof . "Bond Proceeds Fund" means the Bond Proceeds Fund t� established pursuant to Section 9 hereof . "Bond Year" means the one-year period beginning on the to date of delivery of the Bonds and ending the day before the first anniversary date of the delivery date of the Bonds , and each one-year period thereafter . "Bondowner" or "Owner" or "Owner of Bonds" means the person or persons in whose name or names a Bond shall be registered on the registration books of the City maintained by the Paying Agent . "Code" means the Internal Revenue Code of 1986 , as amended. "Governmental Obligations" means direct general obligations of , or obligations the payment of the principal of and interest on which are unconditionally guaranteed by, the United States of America . " Investment Instructions" means the letter of instructions provided to the City on the date of issue of the ,-i Bonds in accordance with Section 12 hereof . Ordinance' means this Ordinance and any supplements hereto as may be adopted by the Council . "Paying Agency Agreement" means the Paying Agency Agreement dated as of August 1 , 1989 between the City and the Paying Agent . -4- 1362I EXHIBIT "F" Page 5 of 21 "Paying Agent" means The Colorado National Bank of Denver , Denver , Colorado, which financial institution has been appointed by the City as Paying Agent for the Bonds , and any successor or additional paying agents with respect thereto . . "Rebate Fund" means the Rebate Fund established pursuant to Section 12 hereof . "Rebate Income Account" means the Rebate Income Account established pursuant to Section 12 hereof . "Rebate Principal Account" means the Rebate Principal Account established pursuant to Section 12 hereof . "Record Date" means the June 15 or December 15 preceding each interest payment date with respect to the Bonds . Section 2 . Authorization of Bonds . For the purpose of providing funds for the Project , together with all necessary incidental and appurtenant costs and expenses incurred in connection therewith, the City shall issue the Bonds in the aggregate principal amount of $4 , 600 , 000 . The principal of and interest on the Bonds shall constitute general obligations of the City and shall be payable from and secured by a pledge of the full faith and credit of the City, as more particularly hereinafter set forth . Section 3 . Bond Details . The Bonds shall be issued as fully registered bonds without coupons in the denomination of $5 , 000 or any integral multiple thereof . The Bonds shall be dated August 1 , 1989 , and shall bear interest payable from their date as hereinafter provided; provided that Bonds issued in exchange for Bonds surrendered for transfer or exchange shall bear interest from the date to which interest has been paid, or if no interest has been paid thereon , then from August 1 , 1989 . Interest on the Bonds shall be payable on each January 1 and July 1 , commencing on January 1 , 1990 . The Bonds shall be numbered in such manner as the Paying Agent shall determine, and shall bear interest at the rates (per annum) and shall mature in the principal amounts and on January 1 in the years as follows : 370199 B-750 F'--1000 05/19/94 11 : 05A PG 37 OF 86 -5- 1362I 370199 8-750 P-._1001 05/19/94 11 : 05A Pr 38 OF 86 EXHIBIT "F" Page 6 of 21 Maturity (January 1 ) Principal Amount Interest Rate 1991 $ 120 , 000 6 . 40% • 1992. 130 , 000 6 . 45 1993 135 , 000 6 . 50 1994 145 , 000 6 . 55 1995 160 , 000 6 . 60 1996 170 , 000 6 . 65 1997 180 , 000 6 . 70 1998 195 , 000 6 . 75 1999 210 , 000 6 . 80 2000 225 , 000 6 . 90 2001 240 , 000 7 . 00 2009 2 , 690 ,'000 7 . 20 The principal of , premium, if any, and interest on the Bonds shall be payable in lawful money of the United States of America. The principal of and premium, if any, on the Bonds is payable at the principal corporate trust office of the Paying Agent in Denver , Colorado . Interest on any Bond is payable by check or draft of the Paying Agent mailed on the interest payment date to the Owner thereof at his or her address as it appears on the registration books of the City or at such other address as is furnished to the Paying Agent in writing by such Owner as of the Record Date . If any Bond ( shall remain unpaid upon presentation at maturity, interest shall continue to accrue until paid at the rate designated in the Bond. Section 4 . Paying Agent ; Transfer and Exchange . The Paying Agent is hereby appointed as paying agent , bond registrar and authenticating agent for the City for purposes of the Bonds . The Paying Agent shall maintain on behalf of the City books for the purpose of registration and transfer of Bonds , and such books shall specify the persons entitled to the Bonds and the rights evidenced thereby, and all transfers of Bonds and the rights evidenced thereby. Bonds may be transferred or exchanged at the principal corporate trust office of the Paying Agent upon payment by the Owner of the Paying Agent ' s transfer fee, and any tax or governmental charge required to be paid with respect to such transfer or exchange. Bonds may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations of the same maturity and interest rate . Upon surrender for transfer of any Bond, duly endorsed for transfer or accompanied by an assignment duly executed by the Owner or his or her attorneys duly authorized in writing, and upon payment of the fees , taxes , charges and costs described above, the City shall execute and the Paying Agent shall authenticate and deliver in the name of the transferee or -6- 1362I EXHIBIT "F" Page 7 of 21 transferees a new Bond or Bonds of the same maturity arid interest rate for a like aggregate principal amount . The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute Owner thereof for all purposes , whether or not payment on any Bond shall be overdue, and neither the City nor the Paying Agent shall be affected by any notice to the contrary. Section 5 . Redemption . The Bonds maturing on and after January 1 , 1996 are subject to prior redemption, at the option of the City, in whole or in part , and if in part , in inverse order of maturities and by lot within a maturity, on January 1 , 1995 and on any interest payment date thereafter , at the redemption prices (expressed as a percentage of principal amount) , plus accrued interest to the redemption date as follows : Redemption Date Redemption Price January 1 , 1995 and July 1 , 1995 102 . 0% January 1 , 1996 and July 1 , 1996 101 . 5 January 1 , 1997 and July 1 , 1997 101 . 0 January 1 , 1998 and July 1 , 1998 100 . 5 January 1 , 1999 and thereafter 100 . 0 The Bonds maturing on January 1 , 2009 shall be subject to mandatory sinking fund redemption and shall be redeemed at a price of par plus accrued interest to the redemption date on January 1 of each of the following years , and in the following amounts : Redemption Date Principal (January 1 ) Amount 2002 $255 , 000 2003 275 , 000 2004 295 , 000 2005 320 , 000 2006 345 , 000 2007 370 , 000 2008 400 , 000 2009 (maturity) 430 , 000 Not more than forty-five days nor less than thirty days prior to the sinking fund redemption date for the Bonds maturing on January 1 , 2009 , the Paying Agent shall proceed to select for redemption (by lot in such manner as the Paying Agent may determine) , from all Bonds maturing on January 1 , 2009 outstanding, a principal amount of such Bonds equal to the aggregate principal amount of such Bonds redeemable with the -7- 1362t 370199 B--750 P-1002 05/19/94 11 : 09A PG 39 OF 86 EXHIBIT "F" Page 8 of 21 ( required sinking fund payment , and shall call such Bonds for redemption from the sinking fund on the next January 1 , and give notice of such call . At the option of the City to be exercised by delivery of a written certificate to the Paying Agent not Less than forty-five days next preceding any sinking fund redemption date, it may ( i) deliver to the Paying Agent for cancellation Bonds maturing on January 1 , 2009 in an aggregate principal amount desired by the City or , ( ii ) specify a principal amount of such Bonds which prior to said date have been redeemed (otherwise than through the operation of the sinking fund) and cancelled by the Paying Agent and not theretofore applied as a credit against any sinking fund redemption obligation. Each Bond maturing on January 1 , 2009 so delivered or previously redeemed shall be credited by the Paying Agent at 100% of the principal amount thereof against the obligation of the City on such sinking fund redemption date and any excess shall be so credited against future sinking fund redemption obligations in chronological order . In the event the City shall avail itself on the provisions of clause ( i ) above , the certificate required above shall be accompanied by the Bonds to be cancelled. Notice of any redemption shall be given by the Paying Agent in the name of the City by sending a copy of such notice by certified or registered first-class , postage ( prepaid mail , at least thirty (30 ) days prior to the redemption date , to- the Owners of each of the Bonds being redeemed. Such notice shall specify the number or numbers of the Bonds to be redeemed ( if redemption shall be in part) and their redemption date . If any of the Bonds shall have been duly called for redemption, then said Bonds shall become due and payable at •such redemption date, and from and after such date ( if on or before the redemption date there shall have been deposited with the Paying Agent funds sufficient to pay the redemption price of such Bonds at the redemption date) interest will cease to accrue thereon . Any Bonds redeemed prior to their maturity shall not be reissued and shall be cancelled . Section 6 . Execution, Delivery and Replacement of Bonds . The Bonds shall be executed in the name and on behalf of the City with the manual or facsimile signature of the Mayor or Mayor Pro Tem, shall bear a manual or facsimile of the seal of the City and shall be attested by the manual or facsimile signature of the City Clerk or Deputy or Assistant City Clerk . Should any officer whose manual or facsimile • signature appears on the Bonds cease to be such officer before delivery of any Bond, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes . The Mayor and the City Clerk are hereby authorized -8- 1362I 37019? B—i 50 P-1 007 05/19/94 11 : 05A PG 40 OF 86 EXHIBIT "F" Page 9 of 21 and directed to prepare and to execute the Bonds in accordance with the requirements of this Ordinance . When the Bonds have been duly executed, the officers of the City are authorized to, and shall , deliver the Bonds to the Paying Agent for authentication. No Bond shall be secured by this Ordinance or entitled to the benefit hereof , or shall be valid or obligatory for any purpose, unless the certificate of authentication of the Paying Agent , in substantially the • form set forth in this Ordinance, has been duly executed by the Paying Agent . Such certificate of the Paying Agent upon any Bond shall be conclusive evidence and the only competent evidence that such Bond has been authenticated and delivered hereunder . The Paying Agent ' s certificate of authentication shall be deemed to have been duly executed by it if manually signed by an authorized officer of the Paying Agent , but it shall not be necessary that the same signatory sign the certificate of authentication on all of the Bonds issued hereunder . Upon the authentication of the Bonds , the Paying Agent shall deliver the same to the Underwriters or their designees as directed by the City as hereinafter provided. Prior to the delivery by the Paying Agent of the Bonds , there shall be filed with the Paying Agent the following: ( a) A certified copy of this Ordinance . (b) A request and authorization to the Paying Agent on behalf of the City and signed by the Mayor to authenticate and deliver the Bonds to the Underwriters upon payment to the City of a sum specified in such request and authorization plus accrued interest thereon to the date of delivery. The proceeds of such payment shall be paid over to the City and deposited as provided in this Ordinance . (c) An executed copy of the Paying Agency Agreement . If any outstanding Bond shall become mutilated, lost , stolen or destroyed, the City shall execute and the Paying Agent shall authenticate a new Bond of like maturity, interest rate and denomination to that mutilated, lost , stolen or destroyed, provided that , in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Paying Agent , and in the case of any lost , stolen or destroyed Bond, there shall be first furnished to the City and the Paying Agent evidence of such loss , theft or destruction satisfactory to the City and the Paying Agent , together with an indemnity satisfactory to the City and the Paying Agent . In the event any such Bond shall have matured, -9- 1362[ 370199 B-750 P-1004 05/19/94 11 : 05A F'8 41 OF 86 EXHIBIT "F" Page 10 of 21 instead of issuing a duplicate Bond, the Paying Agent may pay the same without surrender thereof , making such requirements as its deems fit for its protection, including a lost instrument bond. The City and the Paying Agent may charge the Owner of such Bond with its reasonable fees and expenses in this connection. Section 7 . Form of Bond. The Bonds shall be substantially in the form hereinafter set forth, with such variations , omissions and insertions as are permitted or required by this Ordinance . • 370199 B-750 P-1005 05/19/94 11 : 05A PG 42 OF 86 -10- 1362I EXHIBIT "F" Page 11 of 21 (Form of Bond) [FRONT OF BOND] UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF PITKIN CITY OF ASPEN GENERAL OBLIGATION HOUSING BOND SERIES 1989A No . R $ INTEREST RATE : MATURITY DATE: ORIGINAL ISSUE DATE: CUSIP : January 1 , August 1 , 1989 REGISTERED OWNER: PRINCIPAL SUM: DOLLARS The CITY OF ASPEN, in the County of Pitkin and State of Colorado (the "City" ) , for value received, hereby promises to pay to the order of the Registered Owner named above, or registered assigns , on the Maturity Date stated above, the Principal Sum stated above, with interest thereon from the Original Issue Date stated above, at the Interest Rate per annum stated above, payable on January 1 , 1990 , and semiannually thereafter on .the 1st day of July and the 1st day of January of each year , the principal of and premium, if any, on this Bond being payable at the principal corporate trust office of The Colorado National Bank of Denver , in Denver , Colorado, as Paying Agent, or its successor (the "Paying Agent" ) , and the interest hereon to be paid to such person as is the Registered Owner hereof as of the close of business at the principal corporate trust office of the Paying Agent on the Record Date by check or draft of the Paying Agent mailed on the interest payment date to said Registered Owner . The Record Date is the June 15 or December 15 (whether or not a business day) preceding any interest payment date . All payment of the principal of , premium, if any, and interest on this Bond shall be made in lawful money of the United States of America . REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF WHICH SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. It is hereby certified, recited and declared that all conditions and acts required to be performed precedent to and in the adoption of the Ordinance, and the issuance of this -11- 13621 370199 B-750 P-1006 05/19/94 11 : 05A PG 43 OF 86 EXHIBIT "F" Page 12 of 21 Bond, have been performed in due time, form and manner as required by law; and that the issuance of this Bond and the series of which it forms a part does not exceed or violate any constitutional , statutory or home rule charter limitation or requirement applicable hereto . This Bond shall not be entitled to any benefit under the Ordinance, or become valid or obligatory for any purpose, until the Paying Agent shall have signed the certificate of authentication hereon. IN WITNESS WHEREOF, the City of Aspen, Colorado , has caused this Bond to be signed with the manual or facsimile signature of its Mayor , sealed with the impression of its seal or a facsimile thereof , and attested with the manual or facsimile signature of its City Clerk. [SEAL] CITY OF ASPEN, COLORADO By Attest : Mayor By City Clerk (Form of Paying Agent ' s Certificate of Authentication) Date of Authentication : This is one of the Bonds described in the Ordinance described herein. The Colorado National Bank of Denver , as Paying Agent By (Manual Signature) Authorized Officer (End of Form of Paying Agent ' s Certificate of Authentication) -12- 1362I 370199 B-750 P-100 05/19/94 11 : 05A PG 44 OF 86 EXHIBIT "F" Page 13 of 21 [BACK OF BOND] This Bond is one of a duly authorized series of Bonds designated "City of Aspen, Colorado , General Obligation Housing Bonds , Series 1989A" (the "Bonds" ) , limited in aggregate principal amount to $4 , 600 , 000 , issued under and pursuant to the Constitution and laws of the State of Colorado , the home rule charter of the City of Aspen, Colorado , and an ordinance duly adopted by the City Council of the City (the "Ordinance" ) prior to the issuance hereof . The Bonds are being issued by the City for the purpose of providing funds for the renovation and expansion of a housing facility to be owned by the City and leased to the Aspen/Pitkin County Housing Authority, and the reimbursement to the City of capital expenditures previously incurred by the City with respect thereto , and for payment of all necessary incidental and appurtenant costs and expenses incurred in connection therewith. The principal of and interest on the Bonds , including this Bond, shall constitute general obligations of the City and shall be payable from and secured by a pledge of the full faith and credit of the City. The Bonds are issuable solely in the form of fully registered bonds , without coupons , in the denomination of ( $5 , 000 or any integral multiple thereof . This Bond may be transferred or exchanged at the principal corporate trust office of the Paying Agent in Denver , Colorado , but only in the manner , subject to the limitations and upon payment by the Registered Owner of the fees and charges provided in the Ordinance ( including any transfer fee of the Paying Agent and any tax or governmental charge required to be paid with respect thereto) , and upon surrender and cancellation of this Bond. Upon surrender for any transfer , duly endorsed. for transfer or accompanied by an assignment duly executed by the Registered Owner hereof or his or her attorneys duly authorized in writing, a new registered Bond or Bonds of the same maturity and interest rate and of authorized denomination or denominations ( $5 , 000 and integral multiples thereof) for the same aggregate principal amount will be issued to the transferee in exchange therefor . In addition, this Bond may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations of the same maturity and interest rate . Any Bond issued upon transfer or exchange shall bear interest from the last interest payment date to which interest has been paid, or if no interest has been paid, then from the original issue date . The City and the Paying Agent may deem and treat the Registered Owner hereof as the absolute owner hereof (whether or not payment on this Bond shall be overdue) for the purpose of receiving -13- 13621 370199 P-750 P--1008 05/19/94 11 : 05A PG 45 OF 86 EXHIBIT "F" Page 14 of 21 payment of or on account of principal hereof , premium, if any, and interest due hereon and for all other purposes , and neither the City nor the Paying Agent shall be affected by any notice to the contrary. • The Bonds maturing on and after January 1 , 1996 are subject to prior redemption, at the option of the City, in whole or in part , and if in part , in inverse order of maturities and by lot within a maturity, on January 1 , 1995 and on any interest payment date thereafter , at redemption prices ( expressed as a percentage of principal amount ) , plus accrued interest to the redemption date as follows : Redemption Date Redemption Price January 1 , 1995 and July 1 , 1995 102 . 0% January 1 , 1996 and July 1 , 1996 101 . 5 January 1 , 1997 and July 1 , 1997 101 . 0 January 1 , 1998 and July 1 , 1998 100 . 5 January 1 , 1999 and thereafter 100 . 0 The Bonds maturing on January 1 , 2009 are also subject to mandatory redemption at a price of par plus accrued interest to the redemption date in the amounts and on the dates set forth in the Ordinance . ( Redemption shall be made upon not less than thirty (30 ) days prior notice by sending a copy of such notice by certified or registered first-class , postage prepaid mail at least thirty (30 ) days prior to the redemption date specified in such notice to the Registered Owners of each of the Bonds being redeemed. Such notice shall specify the number or numbers of the Bonds so to be redeemed ( if redemption shall be in part) and the redemption date . If this Bond shall have • been duly called for redemption, then this Bond shall become due and payable at such redemption date, and from and after such date ( if on or before the redemption date there shall have been deposited with the Paying Agent funds sufficient to pay the redemption price of such Bonds at the redemption date) interest hereon shall cease to accrue . • 170199 B-750 P-1009 09 05/19/94 11 :05A PG 46 OF 86 —14- 13621 • EXHIBIT "F" Page 15 of 21 [Form of Assignment] ASSIGNMENT FOR VALUE RECEIVED the undersigned transfers unto (Tax Identification or Social Security No . ) this Bond of the- City of Aspen, Colorado , and does hereby irrevocably constitute and appoint Attorney to transfer this Bond on the books kept for the registration thereof , with full power of substitution in the premises . Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular , without alteration or enlargement or any change whatever . [Form of Bond Counsel Opinion to be inserted here] (End of Form of Bond) Section 8 . Sale; Official Statement . The Bonds , when executed as provided by law, shall be delivered to the Underwriters in accordance with Section 6 hereof . The Bonds shall be sold to the Underwriters for the price set forth in the Bond 'Purchase Agreement , plus accrued interest from August 1 , 1989 to the date of delivery thereof . Such sale of the Bonds is hereby found to be to the best advantage of the City and is hereby approved, subject to the Bond Purchase Agreement . • The proceeds of the Bonds shall be used exclusively for payment of the cost of the Project , reimbursing the City for capital expenditures previously incurred with respect to the Existing Facility, and all necessary incidental and appurtenant costs and expenses incurred in connection therewith and for payment of the costs of issuing the Bonds . Neither the Underwriter nor the subsequent Owner or Owners of any of the Bonds shall be responsible for the application or disposal of the funds derived from the sale thereof by the City or any of its officers . The issuance of the Bonds by the City shall constitute a warranty by and on behalf of the City, for the benefit of each and every Owner of the Bonds , that the Bonds have been issued for a valuable consideration in full conformity with law. 370199 B-750 P-1010 05/19/94 11 : 05A PG 47 OF 86 -15- 1362° EXHIBIT "F" Page 16 of 21 The Preliminary Official Statement relating to the Bonds • is hereby approved and the use thereof by the Underwriter is hereby approved . The Mayor is authorized and directed to execute and deliver a final Official Statement in substantially the form of the Preliminary Official Statement . Section 9 . Funds . The "City of Aspen, Colorado , General Obligation Housing Bonds, Series 1989A Bond Fund" and the "City of Aspen, Colorado, General Obligation Housing Bonds , Series 1989A Bond Proceeds Fund" are hereby created by and established with the City. Upon the issuance, sale and delivery of the Bonds , the accrued interest on the Bonds from August 1 , 1989 to the date of delivery of and payment for the Bonds shall be deposited into the Bond Fund . The remaining proceeds from the sale of the Bonds will be deposited into the Bond Proceeds Fund. In addition, there shall be deposited by the City into the Bond Fund at least three days prior to each principal and interest payment date, sums sufficient to pay the principal of , premium, if any, and interest on the Bonds when due . Moneys in the Bond Fund shall be transferred to the Paying Agent on each date on which the principal of , premium, if any, or interest on the Bonds shall become due in amounts sufficient to pay the same . Moneys in the Bond Fund shall be used solely for the purpose of paying the principal of , premium, if any, and interest on the Bonds when due . Moneys on deposit in the Bond Proceeds Fund shall be used as follows : (a) $1 , 000 , 000 shall be transferred on the date the Bonds are issued to the City' s Land Fund, to be used as permitted by law, and (b) the remaining moneys shall be used for payment of the costs of issuing the Bonds and for costs of the Project ( including interest on the Bonds during construction of the Project) in accordance with the Lease . Section 10 . Security for the Bonds . The Bonds constitute general obligations of the City. The full faith and credit of the City are hereby pledged as security for the payment of the principal of , premium, if any, and interest on the Bonds . The Bonds are not secured by a pledge of any payments received under the Lease. Section 11 . Further Assurances . In furtherance of said pledge of the full faith and credit of the City, it is hereby irrevocably covenanted and agreed that if at any time while any of the Bonds remain outstanding, the payments required to be made into the Bond Fund pursuant to Section 9 hereof are not made in strict accordance with the terms thereof , the Council shall promptly pass and adopt supplementary or emergency appropriation ordinances or resolutions and make -16- 1362I 370 199 B-750 P-1011 05/19/94 11 : 05A PG 48 OF 86 EXHIBIT "F" Page 17 of 21 such allocations and deposits of moneys from general funds of the City to the Bond Fund as are necessary to bring the amount on deposit in the Bond Fund to the level at which it would have been had the City strictly complied with the provisions .of said Section 9 . Said actions shall be initiated at the first regular or earlier scheduled emergency meeting of the Council subsequent to such event and completed as promptly as possible . Thereafter , said appropriations , allocations and deposits shall continue to be made in such amounts and with sufficient frequency to assure that the sums of money required to be deposited into the Bond Fund, together with other moneys on deposit in the Bond Fund, shall be sufficient to pay the principal of and interest on the Bonds when due . • Section 12 . Rebate . There is hereby created and established with the City a separate fund to be designated the "City of Aspen, Colorado , General Obligation Housing Bonds , Series 1989A Rebate Fund, " which shall be expended in accordance with the provisions hereof and the Investment Instructions , and there is further established within said Rebate Fund the Rebate Principal Account and the Rebate Income Account . The City shall make deposits and disbursements from the Rebate Fund in accordance with the Investment Instructions , shall invest the Rebate Fund pursuant to said Investment Instructions and shall deposit ( income from said investments immediately upon receipt thereof in the Rebate Income Account , all as set forth in the Investment Instructions . The City shall employ, at its expense, a person or firm with recognized expertise in the area of rebate calculations , which person or firm shall make the calculations , deposits , disbursements and investments as may be required by the immediately preceding sentence . The Investu:ent Instructions may be superseded or amended by new Investment Instructions drafted by, and accompanied by an opinion of , nationally recognized bond counsel addressed to the City to the effect that the use of said new Investment Instructions will not cause the interest on the Bonds to become includible in gross income for the purposes of federal income taxation. • The City shall annually make the rebate deposit described in the Investment Instructions . Records of the determinations required by this Section 12 and the Investment Instructions shall be retained by the City until six ( 6) years after the final retirement of the Bonds . Not later than thirty ( 30 ) days after the end of the fifth Bond Year and every five ( 5) years thereafter , the City shall pay to the United States of America ninety percent (90%) of the amount required to be on deposit in the Rebate -17- 370199 B-750 P-1 012 05/19/94 19/94 11 : 05A PG 49 OF 86 EXHIBIT "F" Page 18 of 21 Principal Account as of such payment date and one hundred percent ( 100%) of the amount on deposit in the Rebate Income Account as of such payment date . Not later than sixty ( 60 ) days after the final retirement of the Bonds , the City shall pay to the United States of America one hundred percent ( 100%) of the balance remaining in the Rebate Principal Account and the Rebate Income Account . Each payment required to be paid to the United States of America pursuant to this Section 12 shall be filed with the Internal Revenue Service Center , Philadelphia, Pennsylvania 19255 . Each payment shall be accompanied by a copy of the Internal Revenue Form 8038-G originally filed with respect to the Bonds and a statement summarizing the determination of the amount to be paid to the United States of America. Section 13 . Investments ; No Arbitrage; Tax Covenants . Any moneys on deposit in the Bond Fund, the Bond Proceeds Fund and the Rebate Fund shall be invested only in obligations , securities or instruments which are legal investments for funds of the City. All earnings , income, profits and losses (other than on moneys in the Rebate Fund) shall be credited to the Bond Proceeds Fund prior to completion of the Project , and thereafter to the Bond Fund . The City covenants that it shall not use or permit the use of any proceeds of the Bonds or any other funds of the City from whatever source derived, directly or indirectly, to acquire any securities or obligations and shall not take or permit to be taken any other action or actions , which would cause any of the Bonds to be an "arbitrage bond" within the meaning of Section 148 of the Code , or would otherwise cause the interest on the Bonds to be includible in gross income for federal income tax purposes . The City covenants that it shall at all times do and perform all acts and things permitted by law and which are necessary or desirable in order to assure that interest paid by the City on the Bonds shall , for purposes of federal income taxation, not be includible in gross income under the Code or any other valid provision of law. In particular , but without limitation, the City further represents , warrants and covenants to comply with the following restrictions of the Code, unless it receives an opinion of nationally recognized bond counsel stating that such compliance is not necessary: ( a) Gross proceeds of the Bonds will not be used in a manner which will cause the Bonds to be considered "private activity bonds" within the meaning of the Code . • (b) The Bonds are not and shall not become directly or indirectly " federally guaranteed. " -18- 1362I • 570199 B-750 F'-1013 05/19/94 11 : 05A P13 50 OF 86 EXHIBIT "F" • Page 19 of 21 (c) The City shall timely file Internal Revenue Form 8038-G which shall contain the information required to be filed pursuant to Section 149 (e) of the Code . (d) The City shall comply with the Investment Instructions delivered to it on the date of issue of the Bonds with respect to the application and investment of Bond proceeds , subject to Section 12 hereof . Section 14 . Refundings and Defeasance . The Bonds may be refunded at the discretion and by action of the Council , subject to provisions concerning their payment and any other contractual limitations set forth in this Ordinance, as authorized and permitted by the Charter . A Bond shall not be deemed to be outstanding hereunder if it shall have been paid and cancelled or if cash funds or Governmental Obligations shall have been deposited in trust with an escrow agent for the payment thereof (whether upon or prior to the maturity of any such Bond) . In computing the amount of the deposit described above, the City may include interest to be earned on the Governmental Obligations . Section 15 . Appointment of Paying Agent . The City hereby appoints The Colorado National Bank of Denver , in Denver , Colorado , as the Paying Agent . ( Section 16 . Approval of Lease, Bond Purchase Agreement and Paying Agency Agreement . The Lease, the Bond Purchase Agreement and the Paying Agency Agreement , in substantially the forms presented to the Council , are hereby authorized and approved, and the Mayor or Mayor Pro Tem and the Clerk or any Assistant Clerk are hereby directed to execute and deliver the Lease, the Bond Purchase Agreement and the Paying Agency Agreement , in substantially the forms approved, but with such changes therein as shall be deemed necessary or desirable by the officers executing the same, their execution to be conclusive evidence of the City' s approval of any changes from the forms hereby approved . Section 17 . Miscellaneous Documents . The officers of the City are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance, including, without limiting the generality of the foregoing, the printing of the Bonds and the execution of such certificates may be required by the Underwriters relating to , but not limited to , the signing of the Bonds , the use of the proceeds thereof , the tenure and identity of the municipal officials , the receipt of the Bonds ' purchase price, the tax status of the Bonds , and the absence of litigation, pending or threatened, if in accordance with the facts , affecting the validity thereof . -19- 1362I 370199 B-i BO P-1014 05/19/94 11 : 05A P'G 51 OF 86 EXHIBIT "F" Page 20 of 21 Section 18 . Severability. If any provision of this Ordinance shall be held or deemed to be or shall , in fact , be illegal , inoperative or unenforceable, the same shall not affect any other provision or provisions hereof or render the same invalid, inoperative or unenforceable to any extent whatever . Section 19 . Governing Law. This Ordinance will be governed by and construed in accordance with the laws of the State of Colorado . Section 20 . Repeals . All ordinances or resolutions , or parts thereof , in conflict with this Ordinance are hereby repealed. This repealer shall not be construed to revive any ordinance or part of any ordinance heretofore repealed. After the Bonds have been issued, this Ordinance shall be and remain irrepealable until the Bonds and the interest thereon shall be fully paid, satisfied and discharged in the manner herein provided, or sufficient provision shall have been made for such payment , satisfaction and discharge such that no Bonds are deemed to be outstanding hereunder . Section 21 . Public Hearing . A public hearing on this Ordinance shall be held on the 26th day of June 1989 , at 5 : 00 p .m. in the City Council Chambers , Aspen City Hall , Aspen, Colorado . INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the 12th day of June 1989 . [SEAL] By . Mayor Attest : By /L-Q-c l cJ af City Cleft 370199 B-750 F`-1015 05/19/94 11 : 05A PG 52 OF 86 —20- 13621 EXHIBIT "F" Page 21 of 21 FINALLY adopted, passed and approved and ordered published as provided by law this 26th day of June 1989 . [SEAL] By Mayor Attest : By Atibc -Li4L) City Cle x • 370199 B-750 P-1016 05/19/94 11 : 05A PG 53 OF 86 -21- 1362I • EXHIBIT "G" Page 1 of 3 TRUSCOTT PLACE OCCUPANCY DEED RESTRICTION AND AGREEMENT FOR AN EMPLOYEE DWELLING UNIT LOCATED IN BUILDING 100 APPROVED PURSUANT TO SECTION 3-8. 13 OF THE PITKIN COUNTY LAND USE CODE THIS AGREEMENT is made and entered into this day of , 19 , by the City of Aspen (hereinafter referred to as "Owner") , whose address is 39551 Highway 82, located in the County of Pitkin, and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority") . W I T N E S S E T H WHEREAS, Owner owns real property more specifically described as Lot 2 , Aspen Golf Course Subdivision (hereinafter referred to as "Real Property") , which Real Property shall contain 50 studios at 375 net liveable square feet, exterior accessory storage spaces, a 200 square foot property management office, and a two-bedroom, 1, 000 net liveable square foot unit specific to occupancy by on- site management, (hereinafter "Units") , approved by the Aspen City Council pursuant to Ordinance 30 (Series of 1993) . See Exhibit "B" as attached. For purposes of this Agreement, the Unit, the Real Property, and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property" ; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Unit to employees and their families who are employed in Pitkin County and meet the qualification guidelines established and indexed by the Authority on an annual basis. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. The Units as identified hereinabove shall not be condomini- umized unless final approvals are received and shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Aspen/Pitkin County Housing Authority (hereinafter "Authority") governing "resident-occupied" dwelling units. 1 370199 B-750 P-1017 05/19/94 11 : 05A Pe 54 OF 86 EXHIBIT "G" Page 2 of 3 2. The use and occupancy of the Units shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of "employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis. Owner shall have the right to lease the Units to a "qualified employee" of his own selection. Such individual may be an employee of the Owner, provided such person(s) fulfills the requirements of a qualified employee. 3 . Written verification of employment of employee(s) proposed to reside in the Units shall be completed and filed with the Authority prior to occupancy thereof, and such verification must be acceptable to the Authority. 4. The Units shall be required to be rented for periods of no less than three (3) consecutive months. 6. Lease agreements executed for occupancy of the Units shall provide for a rental term of not less than three (3) consecutive months. A signed and executed copy of the lease shall be provided by the Owner within ten (10) days of approval of employee(s) for the Units. 7. This Agreement shall constitute covenants running with the Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Authority, the Aspen City Council, and their respective successors, as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non-qualified tenants. IN WITNESS HEREOF, the parties hereto have executed this instrument on this date and year above first written. THE CITY OF ASPEN ATTEST: John S. Bennett, Mayor Kathryn S. Koch, City Clerk APPROVED AS TO FORM AND CONTENT: John Worcester, City Attorney 2 370199 B—(5(_) P'-1C>18 05/ 19/94 11et�5q FO 55 OF 86 EXHIBIT "G" Page 3 of 3 ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. By: David J. Myler, Chairman Mailing Address: Executive Director Aspen/Pitkin County Housing Authority 530 East Main, Lower Level Aspen, CO 81611 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 19 , by David J. Myler. WITNESS MY hand and official seal. My Commission expires: Date Notary Public \work\dr\tp1100.dr 570199 8-750 P-1019 05/19/94 1 1 : OSA PG 56 OF 86 3 EXHIBIT "H" Page 1 of 3 TRUSCOTT PLACE OCCUPANCY DEED RESTRICTION AND AGREEMENT FOR AN EMPLOYEE DWELLING UNIT LOCATED IN BUILDINGS 200 AND 300 APPROVED PURSUANT TO SECTION 3-8.13 OF THE PITKIN COUNTY LAND USE CODE THIS AGREEMENT is made and entered into this day of , 19_, by the City of Aspen (hereinafter referred to as "Owner") , whose address is 39551 Highway 82, located in the County of Pitkin, and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority") . W I T N E S S E T H WHEREAS, Owner owns real property more specifically described in Exhibit "A" as recorded in Book at Page of the Pitkin County Clerk and Recorder's Office which is attached hereto and incorporated herein (hereinafter referred to as "Real Property") , which Real Property shall contain a total of 46 units listed as follows: 8 one-bedroom flats approximately 447 net liveable square feet; 4 one-bedroom lofts approximately 506 net liveable square feet; 15 two-bedroom flats approximately 595 net liveable square feet; and 19 two-bedroom loft approximately 794 net liveable square feet (hereinafter known as "Units") , approved by the City Council pursuant to Ordinance No. 31 (Series of 1989) , which was approved by an election held on May 2 , 1989 . For purposes of this Agreement, the Units, the Real Property, and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property" ; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Units to employees and their families who are employed in Pitkin County and meet the qualification guidelines established and indexed by the Authority on an annual basis. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. Owner hereby covenants that the Units described above shall at all times remain rental units and shall not be condominiumized. 1 370199 B-750 P-1 020 05/19/94 11 : 05A PG 57 OF 86 EXHIBIT "H" Page 2 of 3 2 . The use and occupancy of the Units shall henceforth be limited exclusively to housing for employees and their families who are employed within Pitkin County and who meet the definition of "employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis. Owner shall have the right to lease the Units to a "qualified employee" of his own selection. Such individual may be an employee of the Owner, provided such person(s) fulfills the requirements of a qualified employee. 3 . Written verification of employment of employee(s) proposed to reside in the Units shall be completed and filed with the Authority prior to occupancy thereof, and such verification must be acceptable to the Authority. 4 . The Units shall be required to be rented for periods of no less than six (6) consecutive months. 5. The maximum rental rate shall not exceed the Category #3 rental rate as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. Employees shall be qualified by the Authority as to employment, maximum income and asset limitations. 6. Lease agreements executed for occupancy of the Units shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of the lease will be on file with the Authority. 7. This Agreement may be removed by the Aspen City Council, subject to the requirement that the Units are removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a "dwelling unit" as defined in the Aspen Municipal Land Use Code and must meet otherwise applicable code requirements. 8. Unless modified as stated above, this Agreement shall constitute covenants running with the Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Authority, the Aspen City Council, and their respective successors, as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non-qualified tenants. IN WITNESS HEREOF, the parties hereto have executed this instrument on this date and year above first written. 2 :170199 B-750 P-1021 05/19/94 11: 05A PG 58 OF 86 EXHIBIT "H" Page 3 of 3 THE CITY OF ASPEN ATTEST: John S. Bennett, Mayor Kathryn S. Koch, City Clerk APPROVED AS TO FORM AND CONTENT: John Worcester, City Attorney ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By: David J. Myler, Chairman Mailing Address: Executive Director Aspen/Pitkin County Housing Authority 530 East Main, Lower Level Aspen, CO 81611 STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 19 , by David J. Myler. WITNESS MY hand and official seal. My Commission expires: Date Notary Public \work\dr\tpl2&3.dr 3 370199 B-•750 F'--102 05/19/94/94 1 1 : (P5A PG 59 OF 86 • / 3 a, i P 1 I i H n.71 u as a..- I ` , !,-, ' _� J t i > c �, "� , - `_� ----{{ I I A I I I 1 I i I I p Z t. • ' I _'ti 7 I 1 I . � a' rim, r__ I I • '0 Sa pad '� " .. 1 1 t , i€}�`� i 1 Ft • 1 ,. m 1 > X11 "St eng Lz i o 1. i' N. it( uuy S-" !lu N )J�jy. J -U •(- l r• �S r I_ _ �j i i�i SUii SC { i I SS t c' 'Q ...,.:). i 4 a C til IN _ �i ,, I ' I 'c a Y r ®Iigr1 - I r r d,7 i i 1. • _ 1 1 ,:,z,,-)1--‘ Y Y ' I�I r t Fl 1 J ," � Al F-!' t� z 1 o t � . 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I i• : I lii I 1 ' 4:1 ii n'1.1 2 11 1 i.if i ii ;:ii:1■;i . 131 '• ' in : '4-1 :9 fil•, :i:hi iiii :1 .r.:Irl ,,, 11- Ili tr-'''-- ' 's r '' "I H 0 -•••• 1.7;77.714-1,7..41;11 1-4 -4- 1! n•.in- !niiip4,2,..: Li. ri t ' I Pc! ,... , ,. :: • ;:a - I-I CD • I-3 I• . ..,. 8 = bp 4.1 r4 a, : !..? ;. 1 , I CD I:: 1 ' 1 a. qi 1 .1iiiIi' 1 1 ; •■•-1 ,1!! 11 I 7 .!--I !i 11.,1 1 --'• '‘". 'LLtZ14' ! ri\' .i''-i I 11.1i 1121 P'"! ,U.1•<••_•- •',. 12, ti :,,,i, 2 lil2- 0" VI— '- " HI 1-1 N. nr...i. .-- <='4 IN ;1 n- !.; I .,:;:"?._.•;:;T::' ,....., -, . ... ......, 2.4 i. i 11 k ; ;•--21: ., :-,'ft:.:: 0 • - i 7 -= 7,-t-1-4i121 Ll Ili iiM iil nil i ! [ -1 i ii! fn!1 :!i I q . i iicD J , :4 .1 a• !:,..-, ... 0' 1:11:!:'. ••• " . Mil/ 1! ••ij ■ ;. ,-1 Itlf;_,•--.-- c, VILY ' .' I IV-.■ L'--7-7- L.. !- t", i 5 I ° 1 • i '..:7 1..1 i 'a 1 i i ig -- Chen-Northetn, Inc. 5080 Road 154 1 . Bngs Great Falls .. ... Glenwood Springs,Colorado 81801 86ise Helena 1 • 303/945-7458 1 Clasper Phoenix i Fax:303/G45-2363 Cbiorado Springs Pocatello 1 • Denver RockSprincs Elko St Lake City Eranston San Antonio Gillette . Tri Cities - Glenwood Springs Yakima . . • I. , . ; 370199 8-750 F'-1028 05/19/94 1105A PG 65 OF 86 . . . • . • EXHIBIT "K" - • . , • . . • Page 1 of_19 - . • : • •?. - -. •. - -., - -- _ - • . • . - . . _ • - . . . . . • . • • • • . • 1 , . . . , , • . 1 SUBSOIL STUDY ' . . FOR FOUNDATION DIGN • . . PROFOSD ASPEN GREENS 1.-/'4FLOYE.E. HOUSING .• NEAR RD ROOF INN . . • . • , . .. . ASPEN, COLORADO .. • . • . . . • . . • , • • .. , . . . • . . : • . . . . ... • . -..,. . . • . • • • • i: • , . • . . . . . • . • : • , . . • • . . • • .. • • , . . , - . . . -• ... .• . . Prepared For: ., . 7 .. Aspen/Fitkin Housing Authority James Adamski --. ' • ; 130 South Galena • • • Aspen CO 81611-1902 • • . . . • z - • Job ob No. 4 326 89 . . • • June 20, 1989 . . , . • :, • A member of the (HIH) group of companies . , • . • .. __._ _ TABLE OF CONTENTS CONCLUSIONS • 1 PURPOSE AND SCOPE OF STUDY 1 PROPOSED CONSTRUCTION 2 SITE CONDITIONS 2 • FIFLD EXPLORATION • 2 SUBSOIL CONDITIONS • . 3 FOUNDATION RECOI,HENDATIONS • P FLOOR SLABS 5 UNDERDRAIN SYST 1. 6 SURFACE DRAINAGE 6 LIMITATIONS 7 • • FIGURE 1 - LOCATION OF EXPLORATORY BORINGS FIGURE 2 - LOGS CF EXPLORATORY BORINGS FIGURE 3 - LEGEND AND NOTES FIGURES 4 AND 5 - GRADATION TEST RESULTS TABLE I - SUMARY OF L4ORATORY TEST RESULTS 370199 B-F50 P-1029 05/19/94 11 : 05A PG 66 OF 8 • • • • • Chen-Northern, nc Exhibit "K" Page 2 of 19 1 370199 B-750 P-1030 05/19/94 11 : 05A PG 67 OF 86 •� I I • CONCLUSIONS The proposed apartment buildings should be hounded wi h spread • footings bearing on ;the natural granular soils acid designd for an • allowable soil bearing pressure of 3000 psf. Other design and construction criteria relating to geotechnical aspect of the • proposed apartment 'buildings are presented in : the bod' of the report. I f . PURPOSE AND SCOPE OF STUDY i This report present' the results of a subsoil .study fjr the proposed employee housing to be located between the Red Roof n and tin in e 10th Fairway of the Aspen Golf Course, Aspen, Colorado. The project site is shown on Fig. 1 . The study was conducted in accordance with our proposal for profes- I sional services letter to Aspen/Pitkin Housing Autlority, dated April 10, ..., 1989 • A ngs was con- 1 ducted to obtain information on subsurface condi.t'bns. Samples obtained during the field exploration were tested in the laboratory to determine their engineering characteristics. The results of the field: explcrat'on and labora- tory testing were analyzed to develop recommendations for foundation types, depths and allowable pressures for the proposed bui4ding foundations. The results of the field exploration and laboratory testng are p esented in the 1 I report. !i • • This report has been; prepared to summarize the data obtained during this study and to present our conclusions and recommendations based pn the proposed . construction and the subsoil conditions encountered. 'Design parameters and a discussion of geotechnical engineering .considerationslrelated o construction `-`' of the proposed apartment; buildings are included in the report. • 1 Chen-Northern, Inc. Exhibit "K" Page 3 of 19 -2- PROPOSED CONSTRUCTION The proposed employee housing will consist of two apartment buildings located as shown on Fig« 1 . The buildings will be two sto •y, wood frame structures with no basement. Ground floor will likely be slab-on-grade. Grading for the structures is expected to be•relativeiy minor zith cut depths i between about 3 to 4 feet. We assume relatively light foundation loadings, typical of the proposed type construction. If building loadings,; location or grading plans change sig ificantly from those described above, we should be notified to reevaluate the `ecomriendations contained in this report. • SITE CONDITIONS The subject site is :a vacant lot located between the existing Red Roof In and the 10th Fairway of the Aspen Golf Course. Five existing tennis ccLrts are located on the:west side of the lot. Variius amounts of fill have been placed on the site.! The fill between Holes 2, and 4 is about 8 feet higher than the rest of the building area. The site is generally flat except for the piles of fill. The area between Holes 1 and 2 is curr1ently used for parking. There is very little vegetation at the site. ' I FIELD EXPLORATION The field exploration for the project was conducted on May 24, 1989. Four exploratory borings ;were drilled at the locatibns shover. on Fig. 1 to evaluate the subsurface Conditions. The borings were advancd with 4-inch diameter continuous flight augers powered by a truck-mounted CME-55 drill rig. The borings were logged by a representative of Chen-!Forthrn, Inc. 770199 8-75() P-1031 05/19/94 11 : 05A PG 68 OF 86 • Chen-Northern, Inc. • Exhibit "K" Page 4 of 19 • -3- Samples cf the subsoils were taken with a 1 3/8-inch I.D. spoon samp- ler. The sampler was driven into the subsoils at various deplths with blows from a 140-pound hammer . falling 30 inches. This test is limilar to the standard penetration test described by ASTM Method 041586. 1'ihe penetration . resistance values are an indication of the relative density orlconsistency of • i the subsoils. Depths at which the samples were taken and tlhe penetration resistance values are shown on the Logs of Exploratory Boringly Fig. 2. The samples were returned to our laboratory for review by the project engineer and testing. • i SUBSOIL CONDITIONS The subsoil conditions encountered at the site ire shown graphically on Fig. 2. Generally, the site is covered with 6 to 10 fiet of fill. Hole 3 was drilled cn top of the 8-foot high pile of fill and a total depth of 15 feet of fill was encountered in Hole 3. The fill consisted of. loose to medium dense silty sand and gravel with cobbles. Underlying the fill, relatively dense slightly silty sand and gravel with cobbles was enccuyitered at+depths of 6 to 16 feet to the maximum depth explored, 21 feet. Drilling in the dense gravels i 1 with auger equipment was difficult due to the cobbles and drilling refusal was encountered in the deposit. . Laboratory testing performed on samples obtained from t le borings con- e sisted of natural moisture content and gradation analyses. Results of grada- tion analyses performed on small diameter drive samples (miJnus 1 1/2-inch fraction) of the natural. coarse granular soils are shown on Figs. 4 and 5. The laboratory testing is summarized in Table 1. Free water was encountered in Hole 2 at a depth of 15 1(2 feet at the time of drilling. The subsoils were generally moist. 370199 B-750 P-1032 05/19/94 1 1 : 05A PG 69 OF 86 • • Exhibit "K" Page 5 of 19 • • -44- • FOUNDATION RECOMMENDATIONS Considering the subsoil conditions encountered inithe exploratory borings and the nature of the proposed construction, we recmmend the buildings be founded with spread footings bearing on the natural granular Soils below all fill. The design and construction criteria presented below shoo :d be observed i ! for a spread footing foundation system. The construction criteria should be considered when preparing 'project documents. 1 ) Footings placed on the undisturbed natural granular 541s should be designed for an allowable soil bearing pressurelof 3000 psf. Based cn experience, we expect settlement of footings designed andconstructed as • discussed in this section will be about 1 inch or less and essentially occur during construction. 2) All existing. fill, topsoil and any loose or disturbed sails should be removed and the footing bearing level extended down to relatively dense natural granular soils. 3) The footings should have a minimum width of 1n inches .or continuous walls and 2 feet for isolated pads. 4). Exterior footings and footings beneath unheated reas should be provided with adequate soil c©ver above their bearing eleYation for frost protec- tion. Placement of if oundations at least 42 inches below exterior grade is typically used in this area. 5) Continuous foundation walls should be reinforced, top and :bottom to span an unsupported length of at least 10 feet. Foundation alts acting as retaining structures; should also be designed toiresist a lateral earth pressure corresponding to an equivalent fluid unit weight of 40 pcf. • 370199 8-750 P-1033 05/19/94 11 :05A PG 70 OF 86 Chen-Northern, Inc. • Exhibit "K" • Page 6 of 19 -5- Eackfill should consist of predominantly granular soil, lilke the on-site soils. • 6), A representative of the soil engineer should observe all footing excava- tions prior to concrete placement to evaluate bearing conditions. FLOOR SLABS • The natural on-site soils, exclusive of topsoil, are suita4e to support • i lightly to moderately loaded slab-on-grade construction. 'o reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints which alloy► unrestrained vertical movement. Floor .slab control joints should be used to reduce damage due to shrinkage cracking. We suggest joints be provided on the order of 15ifeet on center. The requirements for slab reinforcement should be estab- lished by the designer based on experience and theiintended slab use. A minimum 4-inch layer of f ree-draining gravel should be ;placed b esth slabs to facilitate drainage. This material should consist oflminus 2-+nch aggregate with less than 50% passing the No. 4 sieve and less than 2 passing the No. 200 sieve. • All fill materials for support of floor slabs should be compacted to at • least 955 cf maximum standard Proctor density at a moisture! content near optimum. Required fill can consist of the on-site gravels devoid of vegeta- tion_, topsoil and oversized rock. The existing on-site fill can probably be used as structural fill provided organics, oversize rock and other deleterious materials are removed. All of the existing fill should be removed before f placing the structural fill below slab areas. • 370199 B-7 50:0 P-1034 05/19/94 11 : 05A F'e 71 OF 66 _ I Chen-Northern, inc. • • • Exhibit "K" Page 7 of 19 -6- • UNTDERDRAIN SYSTEM • • Although free water was encountered in our borings below proposed Bevel- : opment depths, it has been cur experience in mountainous areas that local perched groundwater may develop during times of heavy; precipitation or sea- sonal runoff. Frozen ground during spring runoff can create a perched condi- tion. We recommend below grade construction, such asiretaining walls, crawl space and basement utility areas be protected from wetting and hydrostatic pressure buildup by an underdrain system. • The drains should consist of drainpipe placed in ithe bott im of the wall I backfill surrounded above the invert level with free-dr�ining granular materi- al. The drain should be placed at least 1 foot below i lowest ac jacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. Free-draining granular material used in :the underdrain systea should contain less than 2% passing the No. 200 sieve,_ less than 50% passing the No. L sieve and have a maximum size of 2 inches. The drain gravel backfill should be at least 2 feet deep. SURFACE DRAINAGE • Site grading should be planned to provide positive surface drainage away from all building and parking areas. The buildings and parkin areas should be placed as high as possible on the site so that positive drainage away from these features can be provided. Surface diversion features should be provided around parking areas to prevent surface runoff from flowing across the paved surfaces. The following drainage precautions should be observed during construction and maintained at all times after the buildings have been compleed: 370199 8-750 P-1035 035/19/94 11 : 05A PG 72 OF 96 Chen-Northern, Inc. Exhibit "K" Page 8 of 19 . —7— 1 I 1) Inundation of the foundation excavations and undersiab yeas should be avoided during construction. 1 2) Exterior backfill should be adjusted to near optimu 1 m moisture and compacted to at least 95% of the maximum standard Pro 'tor density in pavement and slab areas and to at least 90% of the m�ximum stands p 9 � standard Proctor density in landscape areas. 1 3) The ground surface surrounding the exterior of .the buildings should be sloped to drain away from the foundation in all directions. WTe recommend a minimum slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of 3 :inches in the first 10 feet in paved! areas. Free- draining wall backfill should be capped with at least 2 feet of the on-site soils to reduce surface water infiltration. z;) Roof downspouts and drains should discharge well ;beyond thr limits of all backfill. LIMITATIONS This report has been prepared in accordance with` generally accepted soil and foundation engineering practices in this area for use by the client for design purposes. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Fig. 1 and the proposed type of construction. The nature and extent of subsurface variations across the site nay not become evident until excavation : is performed. If during construction, fill, soil, rock or water conditions :appear to be different from those described herein, this office should be advised at once so reevaluation of the recommendations may be made. We recommend on-site observation of excavations! and foundation 1 ! `_' 3 r i', B-750 P-1036 05/19/94 11 : 05A PG 73 OF 86 Chen-Northern, Inc. • Exhibit "K" Page 9 of 19 • -8- . • bearing strata and testing of structural fill by a representative of the soil engineer. • • • • Very truly you. s, • CHEN-,NORTHERN, INC. • By Daniel E. Hardin, P.E. • Reviewed By Steven L. Pwlak, P.E. DEH/ec • • cc: Sunup, Ltd. , Architects, Attn: Peter Dobrovolny ! Banner Associates, Attn:' Pat Dobie • • • • • • • • • • • • • • 37019 sNee. - 9 B-75° P-1037 0,J/19/94 11 : 05A PG 74 OF 86 • Chen-Northern, Inc. Exhibit "K" Page 10 of 19 . • v �- APPROXIMATE SCALE . 1 I" = 80' PROPERTY, BOUNDARIES • • • EXISTING 1 • TENNIS. COURTS co EXISTING BUILDING i : _ 7- I o I • • in I ---1 I—IL • • . W I HOLE I `n if) PROPOSED ,„, \ I : ( BUILDING . ® O I IL J o ~ I . I HOLE 2 i I U I . i I — co W I I HOLE 3 I : I 1 all I I I 0- L . HOLE 4 IY: I • I i • 41. BENCH MARK : PROPERTY CORNER PIN; • ELEV.= 7890.84; AS • PROVIDED, 4 326 89 Chen-Northern, Inc. LOCATION OF EXPLORATORY BORINGS F'9. I Exhibit "K" Page 11 of 19 Hole 1 Bole 2 Hole 3 Hole 4 Elev. = 7878. 0' Elev. •= 7878.6' Elev. = 7886. 1 ' Elev. = 7878.3' . —7890 7890--- • • -- • 7885 . 7885-— • 7880 ; 4/I2 i 788(!• Ill . r' — v F' V. ♦ • I _ U- �- — i■ 26/12 g ►l �" W 14/12 I 0 7875 ∎ :. 7875 0 _ •=. 49/12 ._= 15/12 glWr,.,e. 25/12 ' v _; • 21/12 _F , : •�j. tic=s. 1► ;4=30 ! 78707870 M : ra -200=18 _ p. 45/6 \P 6 / / 0 - 88/12 7865—7865 74 44/12 _ PVC=S . 8 i - — 1 C/120 _200,22 _ , .4=34 — tsa -200=23 • 7860 7860 • • Note: Explanation of symbols presented on Fig. 3.1 1 • i 370199 • B--7 s P-1039 05/19/94 11 :05A PG 76 OF 86 4 326 89 Chen-Northern, Inc. Logs of Exploratory Borings Fig. 2 Exhibit "K" Page 12 of 19 . • j • LEGEND: . . I .10 Fill; .Sand and gravel , silty, with cobbles, medium dense, slightly moist , brown. WCA -+�• Sand and Gravel (GM ; slightly silty, with cobbles, occasional silty sand layers , q,�� ) Wt moist, reddish brown. I • Drive sample; standard:penetration test (SPT) , 1 3/8-inch I .D. split spoon sample, ASTM D-1586. I . 49/12 Drive sample blow count; indicates that 49 blows of a 140-pound hammer falling 50 inches were required to drive the SPT sampler 12 inches. I • • i Practical rig refusal. : I I Free water level in baring at time of drilling. I I 1 . I • • • I NOTES: ..._., 1. Exploratory borings were drilled on May 24, 1989 with a 4-i jch continuous flight power auger. I 1 I 2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided. 5. Elevations of exploratory borings were measured by instrument level and refer to the Bench Mark on Fig. . 1. !! 4. The exploratory boring' locations and elevations should be cgnsidered accurate only to the degree implied by the method used. • 1 . 5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries: between material types and transitions may be gradual. 6. Water level readings shown on the logs were made at the time and under the conditions indicated. • Fluctuations in water level may occur with time. i 7. Laboratory Testing Results: I WC = Water Content (a)• • +4 = Percent retained on No. 4- sieve -200 = Percent passing No. 200 sieve NP = tionplastic • 370199 8—r 50 F'-1040 05/19/94 11 : 05A PG 77 OF 86 4 326 89 Chen-Northern, Inc. Legend and Notes Fig. 3 Exhibit "K" Page 13 of 19 ■ I MYDRROIaE-ER RNAlvSIS SIEVE ANALY?t3 ' i - . I IME ASA:INGS 1,3 9TA'4CAI-0 SC::ES f CLEAR SC :h:.1/5..:-0L,9 24 HR 7NCI. 10 45 MIN I5 Ms': 60 MIN IE\I 4 a I.IN I MIN •^'A -110 •50•43-33 •-8 I'9 '4 . I 1r- r 5-6• r t. 70:.�`imana 4414t4taw ��`�- I...........,0 4t4t4.t4t4t4. �o vim' = 4r ..-MNIMMINEMPONIIMMIIIMMIMMINOIMINONNOSIMEMNOMI■111MIIIIIIIPIIMINII■ , Ma 1W ��t_ 2"� �� - MENNE= ..=__ate 7C MIOM ...4�44MIIM••••""M"..'I ..i..ni.nb� a„33 i■•■•■ ■ a■ u Z 50 ...�.. 43z .N•■••••••■••••••r 4t4.t4t4t4.. .111 .w- ►. vl O■1••»MINII•NOMII■MIIMIii --�� . a. SC a_— .�� v.�.....ws 50 C Z . w■ es�� —. u o �.. r� 4C ..tr44��....► � .........am EO U J r•∎•∎••■>.�∎�.4.. a.trta�tr.Iti u �.....4..momm INNIIII .me f6 CO 3C a,� ...�...�. ...sue LL �o-�...�∎■■.■•■• 0 l -'rM.r .wl CO 0 41■01/0111.•1111111•1111•1111M1■1411111N11111111111111101suimalliN■1111111MUssusawassnanosa iv) �•._ 001 .007 .005 C:9 013 .037 371 .1•9 .2i7 I i9C 1 19 2 38 4 75 9 52 1 9.1 1 39 1 79.2 72T 1 200 42 20 I 152 0 J DIAMETER OF PARTICLE IN MILLIMETERS � I 1L SL13 I GRAYEL CLAY TO SILT CCE9L:S W F:NE I 75.,0Iti'A [60ARSF1 P:%: 1 ;COARSE Er GRAVEL. 34 % ; SAND 43 % SILT AND CLAY 23 % • •-.1 LIQUID LIMIT PLASTICITY INDEX ,-t I SAMPLE OF silty sand and gravel FROM Hole 1 at 16 feet ei- IT 0, . HYDROMETER ANALYSIS i SIE`/E ANALYSIS Ti Me=SAU1N;,,S • U E.57.NDAAO 5EA155 I CLEAR SOUAFE O?E\,NGS in 24 HR. 7 HR. f 1 a5MIN.•9M:N. EC MIN '3 MIN.<MIN 1MIN. •700 •100 'EC '40.3.7 'II ,!9 •4 i.- r; 1 1.9- 3" • 5•'6- 0• '"' 100 - - f TT 1. - _ • a 1 1 1 { I I 1 , + 1 1 70 37 • / o !i U 6a ? i r N • . L.r1 a 50 SOc 6. 2 z 10= SO°Mill.....1111111111.11.111111.1111111.11111111111111110MMIIIIMINM111111.11111111111MMEIIIIMII CC 1> a IIIMMIMIIIMIIIIPWIOSIINIIIIMIIIIIIIIIII-IMIIIIIIMI d 0" 30 S — - . , 70 H ' —— wimmumiiiiiiiiiiiii111.1111■1=11176 •■■••=immommillImuldi 13 0 eta NWIN MESS.....xim■m•No.almen•M IU■•.l0111s1•S..nomillii■iiMmS Um.rlMINOUs.AM...r.lowar*ow•100 .001 .002 .005 .009 019 .037 .074 .149 .297 .590 1.19 0.38 4 75 9.52 19.1. 38.1 76 2 127 2.,0 .42 2 0 152 IDIAMETER OF PARTICLE IN MILLIMETERS i CLAY TO SILT FINE 1 SAND A.15DtUM [COARSE FINE GRAIvE CCAFISE CO9ELES 0• GRAVEL 43 % SAND 35 % SILT AND CLAY .22 %• LIQUID LIMIT •A PLASTICITY INDEX % '• SAMPLE OF silty sand and gravel FROM Hole 2 at 15 feet . L I4 326 39 Chen-Northern, Inc. ( GRADATION TEST RESULTS Fig. 4 CA-2-79 Exhibit "K" Page 14 of 19 I HYDRCME'= ANALYSIS ui cCa r:vGS 1 S sl cNC.3:CiICS` : E ANALYSiS C.cak S::..A••c. _'i:N;,6 -S ti N 15 MN 50 MIN 19 M:!d 4 N:N 1 Y:N •::4 '-:YJ 'SO '40'10 "5 1 11 '4 -3':'"".".."..1 =74 NISIMINIn""E•1111MMENIONIIIIIIIIIIIIIIIIIIIIIIRESINES:: �� :' 90 E.. 10 ■��.4 ii 1 t I ; es�+ r —�27 7` 30 V f..rs�r�t�oss.r=rAto•at•. .��nmo• o Z 00 sasr_m.smm�� c to 35' I 1 4 f ..... 4_�.- - 10 • r } I + ' .7 I i I —'+'{--' asf■i��V��w. �—__o.�__.____.uss .N 0 001 002 .073 .0 9 019 757 074 149 297 1 .9.: 1.:9 2:49 478 9.52 15.1! 29.1 76.2 127 23 P.- .'2• 2 2 1_2 . lDIAMETER CF PARTICLE IN MILLIMETERS I 0 l o:.nD Gnc.�•Et. LL 0.1.1.Y-0 SILT C038_SS F!NE L M DIUM 1CC:,q•.= FINS 1 I CC'^--- d SILT AND CLAY 1 8 °� '� GRAVEL 30 °.o SAND 52°'° 0 °,e % LIOU:J L:MIT PLASTICITY INDEX ,-a Y' SAMPLE OF silty sand and gravel FROM Hole 3 at 15 feet • Q' \ Q- HYD=.G'.'c^°_R ANALYSIS' i SIEVE AN:LYSIS y*"1 71MS J:NC;S U S 57ANOaRJ'SE ISS :.L=:.F°,a'JA 6'�:n�N:S • 21 HR. 7MR,in 5 MIN 15 MIN, S2 Y..:N 19 MIN 4111N. 1 t.;N. .200 '100 ':.0 '40'30 •15 tr 9 .d A,° �� ' S o` 0 itt f ; f { J f 4 I Cr Milli i .i + j •• { I i ! 30 6 N 67 f 1 ± < to t I y. •14��'is� r,0� iYl • I Z 40 11111111111111 a- 3C 70 i so.mml■moor MINNMEIINIMNIsimpoon m— ....... _ so 90 0 . .msouromos∎am a>•smia. o marnompiratoisi...st■Ir oitil �sioaawromsadoe 703 .001 002 005 .029 019 .037 .074 149 .297 .590 1.13 12.28 4.76 9.52 19.1 381 76.2 127 2 • 42 2 0 152 1 IDIAMETER OF PARTICLE IN MILLIMETERS CLAY TO SILT SAND WAVE!. C089LES FINE 1 MEDIUM TCCAMSCI FINE 1 : CC.ARSE GRAVEL °!. SAND °ti SILT AND CLAY DA LIQUID LIMIT % PLASTICITY INDEX % SAMPLE OF FROM 4 326 89 Chen-Northern, Inc. GRADATION TEST RESULTS F19. S CA-2-79 Exhibit "K" Page 15 of 19 . . — --r •—■ .. ' > > • > cz cc: ce. i )- r o. c.....7 ,..,.. „:,. . i . ..J c) - . 1 7) g 2 = • c c c i . cr, c c 0 c ct i co ,. ca .1 ul ....n cn %.o >. >, ›, >, 2.1 " r.-• 0.. r•-• -•-• ••••• •H •H 1 cn cm tn cn ; i i = (1) LL1 _,.... =LI CO $•••• 7:x U. () 0 U.1 (.3.- __ CO Z c CL .... C.0 1.4 .4.- i 0 w 1"•• l•—• t:c— •• ........ 4■ •••I ••z 15 • t'.:F:'! .....i 1., < 1.;.:1,i„I, e..; N 00 N Z < Ct .. . 1 .N. I .. ... -... ••• 0 . ..., .) 5., zi.,- e-) 14 N In ....Z < ',C4— . .. e...5 k4.) —J z o ■ ■ ,-4 0 1 'C' M C 1 Z-r.;'.... C ! t'l •G" t•••1 L. . >" LO = a,-—-- 1 < - Z C 11.1 2 1 . . 2 .. cr .- . .7.7.z ch ..:..21... C " 1 (1) ;:=ZL3‘E■P; Ln cc I r- -2 Iv) , ■ , ,,... : , . =_ . L.r) ul C • c.. ?, i, 04 \......... w .., uJ (NI rn CI" Exhibit "K" Page 16 of 19 , n Chen-Northern, Inc. 5080 Road 154 Billings Great Falls Glenwood Springs,Colorado 81601 Boise Helena 303/945=7458 Casper Phoenix Fax:303/945-2363 Colorapo Springs Pocatello Denver. Rock Springs Elko Salt Lake City Evanston San Antonio Gillette Tri Cities Glenwood Springs Yakima July 5, 1989 • Subject: Supplemental Subsurface Study, Existing Fill Conditions, Proposed Aspen Greens Employee Housing, Aspen, :Colorado. Job No. 4 326 8g Aspen/Pitkin Housing Authority • .o Attn: James Adamski m 130 South Galena o Aspen CO 81611-1902 • • ,4 Gentlemen: w U As requested by Colorado First Construction, we met with them to log a. subsurface profiles exposed in backhoe pits excavated at the site. The pur- pose of the backhoe pit excavations was to evaluate the types and depths of ID the existing fill material at the site with respect to the proposed building ;••• construction. Chen-Northern, .Inc., previously conducted a subsoil study for design of foundations for: the employee housing project and reported our find- ings on June 20, 1989, Job No. 4 326 89. a- We met on the site as requested by the contractor June 27, 28 and 29. The excavation work was cancelled on June 27 and 28. Four backhoe pits were in excavated on June 29 at the approximate locations shown on Fig. 1 . The pits were excavated through the existing fill and into the natural granular sub- ct soils. The fill depths encountered in the pits are presented in the following table. 1 1 Surface Fill Location Elevation (ft) Decth (ft), o P.- 1 .17877.0! A71_ 8! III 2 ±7879.0' j11 '-12! (Stockpile) 3 2878.0' t8'- 9' tr 4 ±7878.0' ±5'- 6' The fill materials encountered in the pits are similar to those described F. in our previous report and consist mainly of a mixture of loose silty sand, gravel and cobbles. Scattered construction debris such as wood was also observed. The existing fill material is not suitable for support of building foundations, floor slabs or pavement areas due to its extensive depth and loose condition. The buildings are recommended to be supported on spread footings placed on the natural subsoils completely below the existing fill material. As an A member of the (III) group of companies Exhibit "K" Page 17 of 19 • Aspen/Pitkin Housing Authority • July 5, 1989 Page 2 • alternative, the existing fill material could be replaced compacted to at least 3001 of standard Proctor density at a moisture content :near optimum. The recommended 3000 psf maximum bearing pressure can be used for footings placed on properly compacted structural fill. A representative of the soil engineer should be present on the site full-time to evaluate the fill con- struction including foundation, floor slab and pavement areas. The structural fill should extend beyond the perimeter of the foundation, slab or pavement areas a lateral distance equal to at least the depth of fill below the struc- ture. It appears that most of the existing fill other than topsoil, vegeta- tion, debris and oversized rock can be reused as structural fill' material. We will be available to perform the testing of the fill construction at co your request. If you have.any questions regarding the information provided in this report or if we can be of further assistance, please let usiknow. 0 Very truly yours, • co CHEN-NORTHERN, INC. • to u. D • By Steven L. Pawlak, P.E.; SLP/ec ' • Attachment • cc: Colorado First Construction, Attn: E.J. Olbright to Sunup, Ltd, Attn: Peter Dobrovolny Banner Associates, Attn: Pat Dobie U- • • aa • r- • • a r- • • • Chen-Northern, Inc. • Exhibit "K" Page 18 of 19 • -_ APPROXIMATE SCALE -I ik \ r - 80' • PROPERTY. . BOUNDARIES • • EXISTING I TENNIS COURTS EXISTING BUILD lNG ________\_ 7" ,_.,..„„. co 0 l__ 1 L \ CC \ ., I PROPOSED IT 1 HOLE I ct Lil BUILDING • 0 � U .-a •-I O PfT;2 c r • I ii -1 I■ HOLE 2 o !'? LEGEND PIT 3 H d'- • EXPLORATORY 0 BORING • 1 I w u. O EXPLORATORY PIT ' I FOR RECENT STUDY I HOLE 3 f- I . I P1T 4 • a • Q- ----- a. HOLE 4 t- . r) • • BENCH MARK : PROPERTY CORNER PIN; -- ' ELEV.=7$7.9.84, AS PROVIDED, 4 326 89 Chen-Northern, Inc. LOCATION OF EXPLORATORY BORINGS Fig. 1 TOTAL P.19 Exhibit "K" Page 19 of 19 STEWART TITLE OF ASPEN, INC. EXHIBIT "L" OWNERSHIP AND ENCUMBRANCE REPORT Page 1 of 3 PREPARED FOR: CITY OF ASPEN ORDER NO. : 20867 HEREBY CERTIFIES from a search of the books in this office that the owner of: Lot 2 , THE ASPEN GOLF COURSE SUBDIVISION, according to the Plat thereof recorded in Plat Book 17 at Page 34 . Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of: CITY OF ASPEN, COLORADO O and that the above described property appears to be subject to t� the following: 0 A Deed of Trust dated December 5, 1986, executed by City of m Aspen, to the Public Trustee of Pitkin County, to secure an indebtedness of $100, 000. 00, in favor of Red Roof Inns, Inc. , O recorded December 5, 1986 in Book 524 at Page 310 as Reception No. ¢ 283835 . In Security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from City of Aspen, debtors, to Red Roof Inns, Inc. , secured rl- party, as Filing No. 10417, recorded December 5, 1986 in Book 524 at Page 522 as Reception No. 283836. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United `t' States Patent recorded October 27 , 1892 in Book 55 at Page 31 as Reception No. 49768 . i� Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or 6 intersect the premises hereby granted, as reserved in United as States Patent recorded October 27 , 1892 in Book 55 at Page 33 as Reception No. 49768 . Easement and right of way to construct and maintain telephone and telegraph lines granted to The Mountain States Telephone and Telegraph Co. as set forth in instrument recorded December 11, r' 1929 in Book 162 at Page 172 as Reception No. 85109 . Easement and right of way for communication and other facilities granted to The Mountain States Telephone and Telegraph Company as set forth in instrument recorded July 26, 1971 in Book 256 at Page 689 as Reception No. 146599 . Easement and right of way for sewer facilities granted to Aspen Metropolitan Sanitation District as set forth in Deed of Easement -1- Continuation Page EXHIBIT "L" Page 2 of 3 recorded February 10, 1971 in Book 253 at Page 636 as Reception No. 144336. Easement and right of way for sewer facilities granted to Aspen Metropolitan Sanitation District as set forth in Deed of Easement recorded February 10, 1971 in Book 253 at Page 638 as Reception No. 144337 . Easement and right of way for communication and other facilities granted to The Mountain States Telephone and Telegraph Company as set forth in instrument recorded October 31, 1973 in Book 280 at Page 927 as Reception No. 163217. Private Roadway and Utility Easement (driveway) as set forth on co the Plat of the Aspen Golf Course Subdivision recorded June 20, 1985 in Plat Book 17 at Page 34 as Reception No. 269092 . 0 Electric Easements (5 feet in width along the North line of the "tennis courts" and 10 feet in width in all other instances) as co set forth on the Plat of the Aspen Golf Course Subdivision ti. recorded June 20, 1985 in Plat Book 17 at Page 34 as Reception No. 269092 . �7 Golfers Easement (Southeast corner of subject property) as set forth on the Plat of the Aspen Golf Course Subdivision recorded June 20, 1985 in Plat Book 17 at Page 34 as Reception No. , 269092 . U Utility Easement (20 feet in width) as set forth on the Plat of cr- the Aspen Golf Course Subdivision recorded June 20, 19.85 in Plat Book 17 at Page 34 as Reception No. 269092 . w Right of way for 10' irrigation ditch and culvert (Southline of subject property) as set forth on the Plat of the Aspen Golf Course Subdvision recorded June 20, 1985 in Plat Book 17 at Page a 34 as Reception No. 269092 . Covenants and restrictions as set forth and established by Declaration of Covenants and Restrictions recorded December 2 , 1985 in Book 500 at Page 327 as Reception No. 273627 . Terms and obligations as set forth in (appurtenant) Deed of t7 Easement granted by the City of Aspen recorded December 2 , 1985 in Book 500 at Page 344 as Reception No. 273632 . Terms, conditions and obligations as set forth in City Ordinance No. 53 (Series of 1986) recorded December 5, 1986 in Book 524 at Page 302 as Reception No. 283833 . Underground Right-of-Way Easement granted to Holy Cross Electric Association, Inc. recorded January 2 , 1990 in Book 610 at Page 874 as Reception No. 318642 , and Bill of Sale recorded in Book 610 at -2- Continuation Page EXHIBIT "L" Page 3 of 3 Page 876 as Reception No. 318643 . City of Aspen Ordinance No. 37 (Series of 1989) rezoning the property, recorded January 10, 1990 in Book 611 at Page 612 as Reception No. 318975. Lease evidenced by Aspen Sports, Inc. recorded January 7, 1994 in Book 738 at Page 32 as Reception No. 365545. EXCEPT all easements, rights-of-ways, restrictions and reservations of record. EXCEPT any and all unpaid taxes and assessments. This report does not reflect any of the following matters: 1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. is O 2) Suits and judgements which, from date of entry, antedate the report by more than seven (7) years or until the governing statue of limitations has expired, whichever is the longer period. U 3) Unpaid tax liens which, from date of payment, antedate the a report by more than seven (7) years. Although we believe the facts stated are true, this Certificate is not to be constructed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc. , neither assumes, nor will be charged with any financial obligation or liability whatever on any statement contained herein. r7, Dated at Aspen, Colorado, this 7th day of February A.D. 1994 at 8 : 00 A.M. BY: 6 Authorized Signaure i ab -3-