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HomeMy WebLinkAboutcoa.lu.sp.Aspen Meadows1991.A11-91Aspen Meadows 1991 Residential GMQS, 41OVI�`t' Final SPA, SUbDiv.,Cond.USe 1-PW 4mP ft•, jj ,2735-.121-25-001 A11-91 �aQ ,l A ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City GrY\ CAS�rh�.s� 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH or, 00123 -63340-190 HOUSING 0 , d U 00115 -63340-163 ENGINEERING AJ'S d Ci SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL �' wt Name: Phone: Address: Project: Q n { Cc",-) 41�c Check # Date: ig Additional billing: _ #ofHoura: , ~ #340937 01/24/92 16:13 Rec $400'00 BK 667 PB 731 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 / "THE ASPEN vv SPECLALLLY PLANNED AREA DEVELOPAIENT & SUBDIVISION AGREEMENT #34iaq.;; ()I / 2`4 / 92 16: 13 F $400. On E-fK 667 Silvia Davis, Pitk:in Cnt Merl-::, Doc $.(irj ,t THE ASPEN MEADOWS TABLE OF CONTENTS PAGE I. GENERAL REPRESENTATIONS ..............................5 A. Construction Schedules - General ........................... 5 B. Construction Schedules - Detailed .......................... 6 C. Traffic Mitigation Plan ................................. 6 1. West Meadows Component .......................... 7 2. MAA Facilities Component .......................... 7 D. Site Improvements to Property ............................ 8 1. Utility Plan .................................... 8 (a) Water ....................................9 (b) Sanitary Sewer .............................. 10 (c) Electricity ................................. 11 (d) Gas ......................... ...........12 (e) Other Underground Utilities ...................... 12 (fl Drainage .................................. 12 (g) Fire Protection .............................. 12 (h) Vacation and Grant of Easements .................. 13 2. Meadows Road ................................ 13 E. Additional Conditions of Site Improvements ................... 14 F. Financial Assurances ................................. 15 II. INDIVIDUAL PARCELS - THE ASPEN MEADOWS ................. 16 A. Lot 1 - The Aspen Institute ............................. 16 1. Dimensional Requirements ......................... 16 2. Off -Street Parking .............................. 16 3. Site Improvements .............................. 16 (a) Utilities 16 4. 5. 6. .................................. (b) Landscape Improvements ....................... Trails ...................................... Financial Assurances ............................. Employee Housing .............................. 16 17 17 18 B. Lot 2 - Music Associates of Aspen ......................... 18 1. Dimensional Requirements ......................... 18 2. Off -Street Parking .............................. 19 3. Site Improvements .............................. 19 (a) Utilities .................................. 19 01 # . 93 ;' C)1 / 24 /92 16. 1 3 ReC 0 Fsfi: 667 F'L 733 53.:1.vi.L. Li<a•�:i. PitE::in Casty Clem., Dar_ PAGE (b) Landscape Improvements ....................... 19 4. Financial Assurances ............................. 19 5. Employee Housing .............................. 20 C. Lot 3 - The Aspen Center for Physics ....................... 20 1. Site Improvements .............................. 21 (a) Utilities .................................. 21 2. Financial Assurances ............................. 21 3. Trails ...................................... 22 D. Lot 4 - Conservation Land .............................. 22 1. Site Improvements .............................. 22 (a) Utilities .................................. 22 E. Lot 5 - The Trustee Houses at the Aspen Meadows .............. 22 1. Dimensional Requirements and Variations Therefrom ......... 23 2. Condominiumization and Six Month Minimum Lease Requirement .............................. 24 3. Site Improvements .............................. 24 (a) Utilities .................................. 24 (b) Landscape Improvements ....................... 24 4: Trails ...................................... 25 5. Financial Assurances ............................. 25 6. Employee Housing .............................. 26 F. Lot 6 - The Tennis Townhomes at the Aspen Meadows ............ 26 1. Dimensional Requirements and Variations Therefrom ......... 27 2. Condominiumization and Six Month Minimum Lease Requirement .............................. 28 3. Site Improvements .............................. 28 (a) Utilities .................................. 28 (b) Landscape Improvements ....................... 28 4. Trails ...................................... 29 5. Financial Assurances ............................. 29 6. Employee Housing .......................:...... 30 G. Lot 7, 8, 9 and 10 - The Residences at the Aspen Meadows ......... 30 1. Dimensional Requirements ......................... 31 2. Site Improvements .............................. 32 (a) Utilities .................................. 32 3. Financial Assurances ............................. 32 4. Employee Housing .............................. 33 H. Additional Provisions and Agreements ...................... 33 1. Access/Emergency Loop .......................... 33 2. Fire Protection ................................ 33 3. Fireplace Regulations ............................ 34 4. Drainage Mitigation ............................. 34 ii i:k._,.., ._)937 C a 1 / 224 / 92 16. 13 R e c: $,. . C1(-) B1,:: 667 PG TS-; 13i1,,,ia Davi s, Pitl::in Cnty Clerk, Doc $ C)C? PAGE 5. Fugitive Dust Control ............................ 34 6. Enerav Conservation - Savanah ...................... 34 7. Energy Conservation - Institute and MAA ................ 34 8. Fox Dens .................................... 35 9. Re -Vegetation ................................. 35 10. Manicured Lawn Areas ........................... 35 11. Construction Barricading .......................... 35 12. Amendments .................................. 35 13. Public Access ................................. 35 14. MAA Parking Lot .............................. 36 III. MISCELLANEOUS......................................36 A. Periodic Project Review ............................... 36 B. Non -Compliance and Request for Amendments or Extensions ........ 36 C. General Provisions .................................. 38 1. Notice 2. ......................................38 Binding Effect ................................. 39 3. Applicable Law ................................ 39 4. Vested Rights ................................. 39 5. Expiration of Development Allotment .................. 40 6. Severability ..................................40 7. Incorporation of Recitals and Written Submittals ............ 41 8. Entire Agreement; Amendment ...................... 41 9. Acceptance of SPA Precise Plan; Ratification by Owner ....... 41 10. Reasonableness ................................ 41 APPENDIX................................................44 sav anaMagmtsUable. con iii 9:34i;973 7 <-)1 ,' Ai 92 L6: 13 R $400. 00 M::' 667 RG 735 _ 1vi.ra. Da i<_, Fit:.L::in Crity Clerk, Doc:: r.i?O DEVELOPMENT & SUBDIVISION AGREEMENT "THE ASPEN MEADOWS" SPECIALLY PLANNED AREA This Agreement, made and entered into this day of , 1991, by and among the City of Aspen, Colorado, a municipal corporation and home rule city (the "City"), and The Aspen Institute ("Institute"), the Music Associates of Aspen ("MAA"), the Aspen Center for Physics ("Physics") and Savanah Limited Partnership, a District of Columbia limited partnership ("Savanah"). Collectively the Institute, MAA, Physics and Savanah are hereinafter referred to as the "Consortium". RECITALS 1. The City of Aspen after numerous public hearings adopted a Master Plan for the Aspen Meadows as a component of the Aspen Area Comprehensive Plan in September, 1990; and, 2. The Consortium has submitted to the City for approval, execution and recordation, The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat (the "Plat") pertaining to the development of a tract of land known as the Aspen Meadows situate within the City of Aspen, Colorado, legally described on Exhibit "A" (the "Property") to include the following development activities, among others (the "Project"): a. Reconstruction of the existing sixty lodge units of 35,950 gross interior square feet and in addition, renovation of the existing Kresge Building conference space (lower level, Building 5)' -Insti- tute. b. Construction of fifty new lodge units of 42,410 gross interior square feet and additional subgrade mechanical space in Lodge Buildings 1, 2, 3 and 4 totalling 960 square feet of gross interior space - Institute C. Health club renovation and expansion of 1,800 gross interior square feet - Institute. For the purposes of this Agreement, the term "gross interior square feet" or "gross interior floor area" shall mean that floor area contained within the surrounding exterior walls (measured from their exterior surface) of a building, or portion thereof, exclusive of covered or uncovered decks, balconies, stairways, terraces and similar features, when such features are not surrounded by exterior walls or enclosed. #._ ?93 7 C?). /24/92 1.6- I.-' Rec 'I:, , OC? BK 667 F7" Pitk:in C,ri1 y C_;lerI::. Dc c . d. Restaurant renovation and expansion of 2,000 gross interior square feet - Institute. e. Tennis shop renovation and expansion, including rest rooms, of 980 gross interior square feet - Institute. f. Music tent backstage expansion of 1,500 gross interior square feet - MAA. g. New rehearsal/performance hall of 11,000 square feet of Floor Area Ratio ("FAR") - MAA. h. Music tent gift shop expansion of 100 gross interior square feet - MAA. i. Renovation of the existing eight trustee houses and their expansion to 2,500 square feet of FAR each - Savanah. j. Construction of ten new townhouse condominiums of 2,500 square feet of FAR each - Savanah. k. Creation of four single family homesites, each homesite to have a single family home and an accessory employee unit totaling 4,540 square feet of FAR exclusive of exempt garage space of up to 500 square feet - Savanah. 3. Following extensive public hearings at which substantial evidence in support of the Project components was produced and considered, the Consortium received all requisite development approvals from the City for the Project. The development approvals that the Consortium has received include the following: a. Subdivision approval to create ten separate lots at the Aspen Meadows. b. Growth Management Quota System ("GMQS") approval for fourteen residential units. C. GMQS exemption for essential public facilities from competition and affordable housing impact mitigation for the Institute and MAA development components. d. Zoning map amendments to create two RMF lots, four R-15 lots, Academic (A), Wildlife Preservation (WP) and Open Space (OS) zones and lots, all as depicted on the Plat. 2 if71.tt4 7 ( 1.i?4/9^ 1E;- 173 R� 4t?i_,.00 DI: 667 PC=, Davi<__:. Pi.t.kin Cntw Clc-r; y DoC . (: • e. Variations from subdivision and subdivision improvement requirements, easement and utility requirements, design standards for streets and related improvements and zone district dimensional and minimum lease requirements. f. Condominiumization approval for the eight existing trustee houses, the three new trustee houses on Lot 5 and the seven new townhomes on Lot 6. g. Waiver of the six month minimum lease requirements for the approved development activity in the RMF zone district. h. Conditional use approvals for affordable housing units on lots 7, 8, 9 and 10, and i. Historical Preservation Commission ("HPC") conceptual and final approval for all aspects of the Project which were subject to HPC review. 4. The City has fully considered the Plat and this Agreement as well as the anticipated benefits and burdens to other neighboring properties by reason of the proposed development and improvement of the Property, all in accordance with Chapter 24 and other related provisions of the Municipal Code of the City of Aspen, Colorado (the "Municipal Code"); and, S. The City has found that the Plat and this Agreement meet the standards set forth in Section 24-7-801, et seq. of the Municipal Code and further finds that the Consortium has met its burden and has demonstrated the reasonableness and suitability of the Project, its conformity to the requirements of Article 7 of Chapter 24 of the Municipal Code and the Master Plan, that the adverse effects of the Project have been minimized to the extent practicable, and that the Project complies with the City Council's intent in originally designating the Property with an SPA overlay, including the reasonable conformance of the Plat and this Agreement with the approval granted to the conceptual development plan; and, 6. The City is willing to approve, execute and accept this Agreement and the Plat for recordation upon the agreement of the Consortium to the matters hereinafter described, subject to all of the requirements, terms and conditions of Article 7 of Chapter 24 of the Municipal Code as presently constituted and such other laws, rules and regulations as are or may be applicable; and, 3 #34C)93 _(' (il /<24/92- 16. I.-_1 R F4(_)0-0ci PF°: 667 F:­, 736 cil i<� Ua.v:i.::_, pitkin Cn.ty 1_1rl:, hoc: 7. The City has imposed conditions and requirements in connection with its approval, execution and acceptance of this Agreement and the Plat for recordation and such matters are necessary to protect, promote and enhance the public health, safety and welfare; and, 8. Under the authority of Article 7 of Chapter 24 of the Municipal Code, the City is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by the Consortium and the Consortium's successors and assigns; and, 9. The Consortium is willing to enter into such agreements with, and to provide assurances to, the City; and 10. The Consortium has submitted and the City has approved a detailed construction time line incorporating a specific construction schedule for the installation of the new Meadows Road; and 11. Specific fire hydrant locations for the development have been established and approved in cooperation with the Fire Marshall; and 12. A detailed tree removal and replacement plan has been submitted and approved by the City Parks Department indicating all trees to be moved or removed, their size, location, species and time of planting, transplanting, or removal specifying that all tree replace- ment shall be on a one-to-one caliper inch basis with minimum size at 1 1/2" caliper; and 13. Exact trail locations have been approved by the Planning Director giving priority to those alignments which minimize damage or disruption to existing vegetation and landscape and which subordinate grade considerations and, thus, minimize switchbacks, to the preservation of existing topography. As built easements shall be executed and conveyed after trail construction; and 14. All property exchanges between Savanah, the Institute, the MAA and Physics are to be effectuated simultaneously with the recording of the final plat or as soon thereafter as is practical in the circumstances; and 15. The Consortium has provided to the City a digitized copy of the subdivision plat. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City it is agreed as follows: a] #: )Y40937 01 f '4i 927' 16: 13 c $40C). <)i) F'k; 667 F'G 739 i.:Iv:i.a I7<:avi . PitI in Cnty i;1.er1::, Doc- I. GENERAL REPRESENTATIONS A. CONSTRUCTION SCHEDULES - GENERAL: The Consortium and City mutually acknowledge that exact construction schedules for the entire Project cannot be submitted or agreed to at this time, due primarily to two factors: (a) construction scheduling depends on the success of fund raising efforts by the non- profit members of the Consortium, and (b) construction will take longer than a normal development because summer programming and activities on the Property will require curtailment of construction activity during summer months. The Project involves five separate areas of construction activity with the following currently estimated sequencing: 1. It is anticipated that the Institute renovation and new construction, including the seven lodge buildings, administration building, health club and pool, parking structure and attendant site work will be undertaken in at least three distinct phases with the major components of each phase beginning in the Fall and ending the following Summer. 2. It is anticipated that the MAA tent improvements (seating expansion, back stage addition and site work), rehearsal/performance facility construction and site work and the reconfiguration of the parking lots on Gillespie will be undertaken in at least two phases, one being the tent related improvements and parking lot work and the other being construction of the rehearsal facility. 3. It is anticipated that the residential component, consisting of site improvements for the single family lots, tennis townhomes and trustee house remodels and additions and all related site work will be undertaken in three phases: the site work for the home sites, the tennis townhomes and the renovation and expansion of the trustee houses. 4. The construction of the new Meadows Road is currently planned for the Spring of 1992, and the conversion of the old Meadows Road to a trail with landscape and the upgrades to the utility and irrigation systems throughout the Property is planned for the Spring of 1992. The utility and irrigation system work will be coordinated with the individual construction phases and with the Public Works Director. 5. The schedule for completion of the City trail and bridge installation from the old Meadows Road to picnic point and across to the Rio Grande trail and from behind the auditorium accessing the Roaring Fork Road side of the campus will be established by the City but will be coordinated with the affected Consortium 5 74C)9 r' G1 /;?4/9 ' 16.;. 175 F:ec CSC>, C)C� F=f: 667 F='�, 740 1vi:�. D_ivi-s, F'i.l_k:in Cni:y r-l::, Doc '5',01 members. Disruptive construction activity will be scheduled so as not to interfere with campus programs or activities. The City shall be solely and completely responsible for grading, constructing and paying for all trail, bridge and appurtenant recreation features from the Meadows Road West and North to picnic point and across the Roaring Fork River to the Rio Grande trail and from the Rio Grande trail up the hill to the Roaring Fork Road by the Institute parking lot. B. CONSTRUCTION SCHEDULES - DETAILED: At the time of application for a building -permit. for a particular development component of the Project, and as a condition precedent to the issuance thereof, the individual owner shall provide the City Engineering Department with a detailed construction schedule for that component, satisfactory to the City Engineer and the Chief Building Official in connection with the Planning Office in the exercise of their reasonable discretion keeping in mind that disruptive activities shall be scheduled to minimize impacts on adjacent properties and campus activities. The Construction Schedule shall particularly address how construction phasing and other techniques within each separate component will best accommodate the following if appropriate under the circumstances: (a) any barricading and provision of pedestrian protection, (b) excavation access and large truck traffic circulation and staging areas, (c) disposal of demolition and excavation materials, (d) delivery and storage of major construction materials, (e) construction equipment access and storage, (f) contractor vehicle parking, (g) compliance with City noise regulations, and (h) scheduling and design of utility relocations, replacements and undergrounding. Each of such Construction Schedules shall be verified by the City Engineer and the Chief Building Official in consultation with the Planning Office and (if the City so desires) recorded as a supplementary exhibit hereto. C. TRAFFIC MITIGATION PLAN: J As part of the SPA approval process the Consortium, in connection with the City and West end neighbors, has developed a traffic mitigation plan dated February of 1991 and attached hereto as Exhibit "B" . The traffic mitigation plan is evolutionary in format. It shall address the needs of the guests, employees and users of the lodge and the concert goers and students of the music facilities as well as the neighbors. The plan requires action on the part of the Institute, any lodge operator, MAA, the Roaring Fork Transit Authority ("RFTA") and the City of Aspen. To accommodate the separate needs of the two distinct facilities at the Meadows, the traffic mitigation plan has the following two components: 0 #-1409 7 C,]. '24/c"_ 1.6: 1 _ >c $400. OC) D :: 667 PG 741 r. 1 v i. D .-. v i _, P ii_ k:. n I riy C a _rI<, T o 1. West Meadows Component. This component includes programs to discourage private automobile use and to encourage, through incentives, alternate modes of transportation. Elements include: a. Airport van service for guests and residents. b. Van service to and from town for guests and residents. C. The shuttle van system as incorporated into the development's traffic mitigation plan shall be operated by that company or entity operating the lodge facility. d. Chartered vehicles when appropriate for group activities originating at the lodge. e. Bicycle rental and storage facilities. f. Promotional materials encouraging use of alternate modes of transportation and discouraging private autos. g. Guest parking in a garage to be constructed under the tennis facilities. h. Trail Easements to connect the Property with the Rio Grande Trail. i. Limited employee parking with programs for alternative transportation use for employees. j. Delivery vehicles and delivery routes serving the restaurant facilities shall be limited to those hours of delivery and routes as delineated in the development's traffic mitigation plan, except when severe weather or circumstances beyond the control of the lodge/restaurant operator require a deviation therefrom. The lodge/restaurant operator shall insure and enforce the delivery hours and routes by contractual obligation with its goods and services providers. The Institute (itself or through it's lodge/restaurant operator) shall furnish to the City written evidence of this contractual obligation. 2. MAA Facilities Component. Efforts to reduce auto use have been undertaken in recent years by MAA in conjunction with West end residents. The elements of this plan are a further expansion of these earlier efforts: a. Promotional materials, including maps, encouraging use of transit, bicycles and walkways have been initiated and will be continued. 7 IC)c? c?1 / 24/?22 160 135 R e c C). OC? F-,[:: 667 PG 742 1v:i. Davis., F•itl<i.n Cnt-y C _rk:, Doi._ b. Pedestrian/bicycle ways include continued designation of Lake Avenue as auto free. Bicycle racks will be provided in the vicinity of the tent. C. Fourth Street from Main Street to the tent will be closed to all motorized vehicles before large events and will be used for pedestrian and bus egress after large events. d. Enhanced transit service by RFTA to the tent during the summer. e. Truck routing restrictions for deliveries to the tent and the planned rehearsal/performance facility. ,Institute, MAA and any lodge operator shall conduct a review and provide a written report on the traffic mitigation plan to the City of Aspen Planning Director on June 10 in years 1993, 1995, 1997, 1999 and 2001 and shall continue to conduct and provide such reviews and reports every two years thereafter unless deemed unnecessary by the City Council. Such reports shall include, but shall not be limited to, traffic counts on Seventh Street, number of van trips pursuant to the development's traffic mitigation plan, charter vehicle use, passenger counts and destinations arising from the use of the Aspen Meadows facilities. The review and report shall also incorporate data and information from RFTA illustrating its service to the MAA facilities. The City will review the report and may require modification to the development's traffic mitigation program, including the addition of reasonable new mitigation measures. All modifications of the traffic mitigation plan shall be approved by the Planning and Zoning Commission at a public hearing. D. SITE IMPROVEMENTS TO PROPERTY: Consortium shall and hereby agrees to accomplish the following improvements on the Property: 1. Utility Plan The Consortium shall, when necessary, upgrade and relocate existing water, sanitary sewer, gas, electrical, telephone, and cable television lines in accordance with the approved Utility Plan recorded in Book a S at Page _6 of the Pitkin County Colorado Real Property Records (the "Records"). The currently estimated cost breakdown of all items are set forth on Exhibit "C". In accordance with the Utility Plan, the Consortium shall construct the following improvements in the Project Area. E:3 4 4C?93 r' 01 /7'4/9 ' 16: i. = Renc a4i:? ?. r?r? lih:: 667 Ply 743 SilviA Davis, Pitki.n CrAy C1.Pr-1::, Dc.-jc: ;?G (a) Water The Consortium shall upgrade or install where necessary a water distribution system for the development meeting no less than the minimum design, engineering, materials and construction standards of the City for domestic municipal and fire protection purposes and shall convey same to the City upon completion, inspection and acceptance by the City. The Consortium shall also convey to the — City a perpetual twenty foot as -built easement extending ten feet from each side of the centerline of all newly constructed water lines, and a construction easement extending an additional five feet on each side of the centerline, along with a similar twenty foot easement and construction easement for the future installation of � / a connector main to the existing City water main in Black Birch /� Drive to be installed and maintained at City expense. The Consortium shall install and construct two new 8" Ductile Iron water lines within the Project in accordance with the Utility Plan which will replace and upgrade existing 6" cast iron and smaller diameter water lines on the site. Additionally, the Consortium shall: (i) Install and construct an 8" Ductile Iron water line from the City's existing dead -ended 8" water line in the current Meadows Road, extending northerly and easterly through the Project and connecting to the City's 16" Red Mountain water transmission main. There will be a short section of 6" D.I.P. connecting portions of the 8" loop in front of Chalet No. 1. (ii) Install and construct an 8" Ductile Iron water line from the - existing 16" Red Mountain transmission main, extending easterly north of Paepcke Auditorium, southerly and then easterly in the Institute parking lot and terminating with a tie-in to the existing City of Aspen 6" water line in Roaring Fork Road. (iii) Relocate the 16" Red Mountain water transmission main around Lot 7 as shown on the Utility Plan. (iv) Where required, all existing service lines will be replaced and up -sized to support the upgraded and proposed con- struction. 6 /';`4/92) 16.:1.3 R e c 1:4r:... ? Eik:: 667 F 744 . _;i1via D;F.kvis,, Pitk:in Crity C;1erk:, Doc I.()(.) (v) Existing on -site water lines no longer used will be aban- doned in place. Plans and specifications for all water system improvements shall comply with at least minimum City water system specifications and be subject to the approval of the City Water Superintendent in the 1 exercise of his discretion. Final acceptance of the water system installation by the City is conditioned upon submission of final test reports by a registered civil engineer verifying conformance with approved plans and specifications. (b) Sanitary Sewer The Consortium shall install and construct 8" PVC sanitary sewer lines within the Project in accordance with the Utility Plan, which will replace, upgrade, and serve existing and proposed facilities on the site. Additionally, the Consortium shall: (i) Install a new 8" PVC sewer line in the new Meadows Road to serve the four Single Family Lots 7-10. The sewer main extension will connect to the sewer main in the existing Meadows Road. (ii) 'Install a new 8" PVC sewer main extension along the west side of the proposed Tennis Townhouses and connect to the existing Aspen Consolidated Sanitation District ("ACSD") Castle Creek Trunkline. (iii) Relocate, as necessary, portions of the existing sewer line serving the Trustee Townhouses and connect to the ACSD Castle Creek Trunkline. (iv) Install and construct where necessary a new sanitary sewer collection system for the MAA and Institute property beginning at the proposed MAA Rehearsal/Performance facility, extending westerly, northerly, and then westerly and north of Anderson Park, to the West Meadows portion of the Institute property. The sewer main will collect wastes from the meeting, lodging, restaurant, parking, and health club facilities, extend westerly and north of the Trustee Townhouses, and connect into the ACSD Castle Creek Trunkline. 10 ,4c_i'?= r' i_11. i : r!9^ 1.6: 1.e=1r_ Citi, t-lt=i 667 f='r 745 :i.1.•:-L Davi , Fitl::irr Cni_y Clerk:, Doc J (v) Install and construct a sanitary sewer collection system on the Physics Property, extending easterly connecting Boettcher Building, across the MAA parking lot and connect into the ACSD sewer main in Roaring Fork Road. (vi) The Castle Creek sanitary trunkline shall be lined wherever practical. If sections of the trunkline must be replaced, such replacement locations shall be identified to the City Engineer and Planning Department and the least disruptive practical methods of construction shall be identified and employed. (vii) Where necessary, all existing service lines will be replaced and up -sized to support the .upgraded and proposed con- struction. (viii) All the existing unused or unnecessary on -site sewer system' will be abandoned in place according to district regulations. Plans and specifications for all sanitary sewer system improve- ments will comply with generally applied ACSD specifications and be subject to the approval of the District manager. Recordation of the Plat shall indicate acceptance of the proposed system sizing, locations and easements. Final acceptance by the District Manager shall be conditioned upon submission of final test reports by an independent registered civil engineer verifying substantial confor- mance with approved plans and specifications, substantial compli- ance with all generally applied rules and regulations of the District, and submittal of executed and recorded easements on the standard District form. (c) Electricity The Consortium agrees to contract with Holy Cross Electric to install and construct all necessary electrical system upgrades within the Project. Underground facilities will be brought from three points of connection: Meadows Road, the overhead substation on the east side of Castle Creek and the overhead substation on the south side of the Roaring Fork River. Ail existing unnecessary on -site electrical lines will be abandoned in -place. Routing of new electrical lines will be consistent with the utility corridor whenever practicable. 11 7; 7 01/241'9. i.h: 17 Rec `i;+(,c_ )c I:.;F::: 667 F_'r; 746 1 i<_. Davis, Pitk:ir i;nty CIE_r k, Dc_i c $.C)(D (d) Gas The Consortium agrees to contract with Rocky Mountain Natural Gas to install and construct all necessary upgrades to the gas system for the Project. Underground facilities will be brought in from two points of connection: Meadows Road and Roaring Fork Road. All existing unnecessary on -site gas lines will be abandoned in -place. Routing of new gas lines will conform to the utility corridor wherever practicable. (e) Other Underground Utilities The Consortium agrees to contract with U.S. West and Canyon Cable Television to install and construct all necessary upgrades to their individual facilities within the Project. Points of connection will be from Meadows Road and Roaring Fork Road. All unnecessary existing underground lines will be abandoned in -place, and new routing will conform to the utility corridor whenever practicable. (f) Drainage The Consortium shall install and maintain storm drainage facilities for storm runoff from the site in accordance with Municipal Code Section 24-7-1004.C.4.f. A detention area designed to detain the on -site 100-year storm runoff as specified by the Urban Storm Drainage Criteria Manual will be constructed north of Anderson Park as shown on the Drainage Plan. The design volume that will be detained is approximately 0.9 acre- foot of storm runoff. A final plan will be submitted to the Public Works Director for his review and approval prior to the com- mencement of drainage work within the Project. (g) Fire Protection The Consortium agrees to install fire hydrants within 350 feet of all existing and proposed structures. Placement will be reviewed and approved by the City of Aspen/Pitkin County Fire Marshall prior to commencement of construction. 12 ;AC?y_ f' i?1/24/`-;?2 1.6:13 R e c rciC?.Ci? I=41:: 667 PG 747 (h) Vacation and Grant of Easements The City agrees to vacate any water, sewer or other utility reservations at such time as these utilities are either abandoned or relocated in accordance with the Consortium's commitment set forth herein. Consortium agrees to grant any new easements for relocated utility facilities in accordance with the location of the utilities as constructed and in -place as may be required by the individual utility's rules and regulations governing service. 2. Meadows Road There shall be created a new Meadows Road accessing the Institute lodge facilities and the residential properties at the Meadows. Savanah shall construct the new Meadows Road, Seventh Street/North Street intersec- tions, and Meadows Road/Eighth Street intersection in accordance with the Plat. The new Meadows Road shall be dedicated as a public street from its intersection with Seventh Street and North Street to the south boundary of Lot 6. Legal access to and from the new Meadows Road shall be provided where necessary for the benefit of existing and future properties abutting that portion of the old (existing) Meadows Road. Such easements are shown and depicted on the Plat. The speed limit for the new Meadows Road shall be reduced to a speed, below thirty miles per hour as determined by the City Engineer. The old (existing) Meadows Road shall be converted at the expense of Savanah to a pedestrian trail/bikeway with ownership thereto to remain in the City. In connection with the laying out and construction of the new Meadows Road approved variations from subdivision design and other standards and elements of the Municipal Code include the following: * Curbs, gutters and sidewalks need not be provided within the development. * Alleys, paved or unpaved, do not need to be provided. * Traffic control signs shall be installed at the intersection of the new Meadows Road with Seventh and with Eighth Streets, but no 13 kk �q.;;' C�]. / 4/S'�' tb. 13 Rec F F:: 667 F r 748 vi.<_,. Davi.s, Pii._I::in Cnt C1r_r-I.::, Dry_ $.C��; traffic signals need be provided. Speed zones shall be signed as determined by the City Engineer. * If determined to be necessary by the City Engineer, street lights need only be provided at the intersections of the new Meadows Road with Seventh and Eighth Streets. * No street bridges need be provided. Culverts to accommodate irrigation ditches and drainage shall be installed. * The minimum centerline curve radius for new Meadows Road shall be reduced to 65 feet at and or near the intersection of Eighth Street, and right-of-way widths shall be reduced to 40 feet. Maximum grade shall not exceed 8%. All dimensions shall be specified and confirmed on the Plat. * No street -end dedications need be provided. * Cul-de-sac length for Meadows Road has been increased to a maximum of 2,000 feet with a centerline turnaround diameter at the administration building of approximately 50 feet. * The new road alignment shall be called "Meadows Road". * Street trees lining new Meadows Road shall consist of cottonwoods of 2 inch caliper spaced every 30 feet along the east boundary beginning at the intersection with Eighth Street and extending north to the tennis courts. * The Meadows Road construction shall be a local street in accor- dance with the Plat and SPA approvals. E. ADDITIONAL CONDITIONS OF SITE IMPROVEMENTS: In connection with the installation of all site improvements to the Property: 1. There shall be no interconnection of non -treated water systems to potable water systems. 2. Pursuant to Section 23-56(g) of the Municipal Code, the Consortium shall convey by special warranty deed to the City any right, title, easement and interest it may have in the Si Johnson Ditch along with any water wells or other water rights appurtenant to the Property. The City shall lease back to the Consortium, or its 14 41 :-)93 r' - 1. i "1 /92 1 • 1. - Rec cjc_�. iri_ F;F: 667 PG 749 r ? : f:, . Ci.lvia Davis, F'itk:in C-,ni._y Clerk, Doc: �."' successor(s) in interest, raw water for irrigation use within the Project in an amount equal to that amount of water reasonably necessary for the efficient irrigation of the lands historically irrigated. Consortium shall pay to the City its pro rata share of operation, maintenance and repair costs, plus $100.00 per year. The lease as noted above shall not subordinate the use of the water right to the emergency needs of the City for minimum stream flows, hydroelectric power, or municipal purposes. 3. Drainage design for the Project shall not intentionally direct runoff into irrigation ditches or ponds. 4. Utility facility installations shall be restricted to roadway, trailway and cultivated landscaped corridors wherever possible. If utility facility installations must occur outside of these areas, such alternate utility corridors shall be fenced or barricaded to the narrowest width possible so as to minimize vegetation disturbance or destruction from construction activities and machinery. All utilit location corridors shall be inspected and approved by the City Engineer and hPlanning Director prior to the issuance of any excavation permit. 0 5. Vegetation replacement necessitated by utility installation shall utilize the same plant species as the species of vegetation disturbed or damaged. 6. All ditches, swales, intermediary ponds and detention areas shall be subject to appropriate easements for access and maintenance purposes and be depicted on the Plat. 7. Trench box construction methods shall be utilized for the utility installations whenever possible so as to minimize site disturbance. 8. All trail easements shall consist of the trail width plus two feet on each side of the trail plus required temporary construction easements all as shown on the Plat. F. FINANCIAL ASSURANCES: Financial assurances in amounts and in forms acceptable to the Consortium and City shalt/ - be provided by Consortium to ensure the satisfactory installation and completion of the new Meadows Road, all utility infrastructure, including water lines, the trail along old Meadows Road, and the parking facility; provided that only that portion of the financial assurances found by the Public Works Director to be related to the work for which a given construction related permit is sought must be in place prior to issuance of that permit. The Consortium shall have the right, at anytime and from time to time, to substitute financial assurances theretofore given with another form of financial assurance; 1 15 16 1.:; F;E'c rid EiF: 667 PG 750 Doc �i].via D��✓i f'i.k4::in [,r�ty C lerfc, provided always that such substituted financial assurance is satisfactory to the City Attorney. H. INDIVIDUAL PARCELS - THE ASPEN MEADOWS A. LOT 1 - THE ASPEN INSTITUTE: Lot 1 is the Institute Property and is zoned Academic (A), Open Space (OS) and Wildlife Preservation (WP), all according to and as shown on the Plat. New development on Lot 1 has been approved for 50 new lodge units totalling 78,360 gross interior square feet, for 110 new and renovated lodge units, a health club renovation and expansion of 1,800 gross interior square feet, a restaurant renovation and expansion of 2,000 gross interior square feet, a renovation and expansion of the tennis shop of 980 gross interior square feet and the creation of an underground parking structure for 97 cars below the reconfigured tennis courts. 1. Dimensional Requirements The dimensional requirements which shall apply to all permitted and conditional uses in the Academic (A) Zone District are shown on the Plat. 2. Off -Street Parking - The Institute shall maintain 97 off-street parking spaces on Lot 1 until completion of the underground parking structure. 3. Site Improvements (a) Utilities. All telephone, electric and cable lines on Lot 1 servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and as built easements will be provided as required. (b) Landscape Improvements. Institute shall abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book at Page, et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed- 16 :1.(-)9.3i C?1;'2492 16: 13 R C)C) I-k:: 667 f='C: 751 1 i. P :i. ` k i n C n t y C 1. r k , iJ upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 1 Construction Schedule, but in no event later than one year after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been complet- ed, so long as that portion of the financial guaranty provided for in this agreement, which covers the estimated cost of such unfinished landscap- ing, remains available to the City pursuant to the terms of this agreement. All tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Trails The Plat depicts all trails dedicated or conveyed to public use and all easements linking off -site trails to the development's trail system, including (a) an easement for a trail link from Lot 3 (Physics), running behind Lots 7-10, to Meadows Road, and (b) the trail easement between the tennis townhouses and restaurant. Written easements shall be executed and conveyed after trail construction ✓ / confirming the as -built location of each easement. The Consortium and City agree that the racetrack trails are not to be improved. While the Institute is granting the Easements it shall have no financial obligation whatsoever for any trail or related work on the trail around the track or the trail between the Tennis Townhomes and the restaurant as shown on the Plat. 5. Financial Assurances In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost ofX such improvements, Institute shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs are held by it for the account of City for the construction and installation of the above -described improvements. As a condition for issuance of a building permit for a portion or all of the renovation_ and new construction anticipated herein, the Institute and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Institute to City, in all events, shall give the City the unconditional right, upon and following default by the Institute, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested 17 h� i n I34:; 667 F'G 752 i ]. r:i. a I?a i P:i t kwA n Cr C7. Dnr: �, outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to Institute. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Institute of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site or landscape improvements shall be retained until all proposed site (L,or landscape improvements are completed and approved by the Public Works Director. At anytime and from time to time, Institute shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination. 6. Employee Housing Under the terms of this Agreement the City acknowledges it has granted the Institute a GMQS development exemption for essential public facilities from competition and affordable housing impact mitigation for the Institute's existing and new facilities. B. LOT 2 - MUSIC ASSOCIATES OF ASPEN: Lot 2 is the MAA Property and is zoned Academic (A) and Open Space (OS) all according to and as shown on the Plat. Current development on Lot 2 consists of the performance tent, the back stage area, a gift shop, a refreshment stand, a box office and a parking lot. Approved new development allows for a music tent back stage expansion of 1,500 gross interior square feet, a new rehearsal/performance hall of 11,000 square feet of floor area and an expansion of 100 gross interior square feet to the existing gift shop. Additionally, approval has been granted for a re -configuring of the tent to increase tent seating to a total of 2,050 seats. FARs and the definitions thereof for the rehears- al/performance hall shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive, for not less than the three year period next succeeding June 10, 1991, any subsequently adopted reduction in or change to the definition or calculation of FARs. 1. Dimensional Requirements The dimensional requirements which shall apply to all permitted and conditional uses in the Academic (A) Zone District are established on the Plat. W. kh I.pq :?1/24 r'' 1E-� 1._N c >.�.tit?,(_i(_? fjf: 667 f=[� 753 c_ i 1 V i ate. 1. ;a V 1 s, F' ]. t: k 1 n C-1-Ity Clerk, lerk, Doc $. (_)(_? 2. Off -Street Parking The parking lots at the South end of Lot 2 shall be reconfigured to allow for off street bus drop-off, a new pedestrian trail through the parking lot, the addition of bike racks for concert goers and parking for approximately 274 automobiles, as shown on the Plat. 3. Site Improvements (a) Utilities. All telephone, electric and cable lines on the Property servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and written easements confirming the as -built location thereof will be provided if and as required. (b) Landscape Improvements. MAA shall abide by and substantially conform to the tree removal and landscape plans as recorded as part of the Plat in Book —9 at Page ', et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed-,�/ upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 2 Construction Schedule, but in no event later than one year after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been complet- ed, so long as the portion of the financial guaranty provided for in this agreement hereof which covers the estimated cost of such unfinished landscaping remains available to the City pursuant to the terms of this agreement. All tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Financial Assurances In order to secure the construction of the site and landscape improvements in, Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of ' such improvements, MAA shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in WE pf34p97 r 01 /24/92 1.6: 1.3 ReC $40C). I:: 667 F'G 754 ilvia. Davi=_-. Pitk:in Cnty Clerk, Doc-: the amount of such estimated costs are held by it for the account of City for the construction and installation of the above -described improvements. As a condition for issuance of a building permit for a portion or all of the renovation and new construction anticipated herein, MAA and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b), above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by MAA to City, in all events, shall give the City the unconditional right, upon and following default by the MAA, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to MAA. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by MAA of the agreed estimated cost for that portion of the improvements except that 10 % of the actual cost of the site or landscape improvements shall be retained until all proposed site or landscape improvements are completed and approved by the Public Works Director. At anytime and from time to time, MAA shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination. S. Employee Housing Under the terms of this Agreement the City acknowledges it has granted MAA a GMQS exemption for essential public facilities from competition and affordable housing impact mitigation for MAA's existing and new facilities. C. LOT 3 - THE ASPEN CENTER FOR PHYSICS: Lot 3 is the Physics Property and is zoned Academic (A) and Wildlife Preservation (WP), all according to and as shown on the Plat. Development on Lot 3 consists of meeting facilities and library building for Physics. No new development is approved by this plan; however, new development with appropriate review is not precluded. #h..:>>�IC19-37 C)1. /'224i92 16- 13 F $400. 00 B[ 667 PG 755 .ail Vi•.. Dav:i s Pitk:in C n t y CIerI::, Doc $.�i:_; 1. Site Improvements (a) Utilities. Physics shall install and hook up to a sanitary sewer service for all buildings currently not served. Such improvements shall be inspected and approved by the Aspen Sanitation District and shall be conveyed to the District upon completion, inspection and acceptance by the District. Physics shall, if necessary, convey to the District a perpetual twenty foot as -built easement extending ten feet from each side of the centerline of all newly constructed sanitary sewer lines, and a construction easement extending an additional five feet on each side of the centerline. Physics shall, within two years of the date of recordation of this Agreement and the Plat, complete the sanitary sewer improvements or post a financial assurance in an amount and form mutually acceptable to the City and Physics to guarantee completion of the sanitary sewer installation no later than thirty months from the date of recordation of this Agreement and the Plat. 2. Financial Assurances In order to secure the construction of the site improvements in Paragraph 1(a) above and to guarantee 100% of the estimated cost of such improvements and related re -vegetation of disturbed areas of Lot 3, Physics shall guarantee by,, irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs are held by it for the account of City for the construction and installation of the above - described improvements. All financial assurances given by Physics to City, in all events, shall give the City the unconditional right, upon and following default by the Physics, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to Physics. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Physics of the agreed estimated cost for that portion of the improvements except that 10 % of the actual cost of the site improvements shall be retained until all proposed site improve- ments are completed and approved by the Public Works Director. At anytime and from time to time, Physics shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the 21 i1:-;�a.._. ;-;,' C i. /- 4/9 i.f:,: i.3 Rec. 't.4c_ c I?r: 667 P 756 f)avi Pi.tk:in Cnty ClerE::, Doc:b.0 requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination. Trai 1 s The Final Plat depicts a trail easement across the Physics Property from Gillespie Street to the race track trail on Lot 1. Physics and the City agree that this trail easement is not to be paved. Physics is granting this easement but has no financial obligation of any kind for the trail or any related work. D. LOT 4 - CONSERVATION LAND: Lot 4 is to be sold by Savanah to the City of Aspen for the purpose of open space. Lot 4 shall be zoned Wildlife Preservation (WP). It is the intention of this zone district that this Property remain open with a trail system and appropriate bridge connections to the Rio Grande Trail. Neither the Consortium nor any of its individual members thereof shall have any responsibility whatsoever for the construction, installation or maintenance of any trail or other recreational facilities to be incorporated into Lot 4. Exact trail locations must be approved by the Planning Director giving priority to those alignments which minimize damage or disruption to existing vegetation and landscape and which subordinate grade considerations and, thus, minimize switchbacks, to preservation of existing topography. Site Improvements (a) Utilities. The Final Plat shows utility line easements as existing and proposed for electrical, gas, storm and sanitary sewer, and water. E. LOT 5 - THE TRUSTEE HOUSES AT THE ASPEN MEADOWS: Lot 5 is Savanah's Property and is zoned RMF according to and as shown oil the Plat. Existing development on Lot 5 consists of the eight trustee houses, each of approximately 1,750 square feet, consisting of three bedrooms and two baths. Development has been approved for an expansion and renovation of the existing trustee houses to create eight three -bedroom units of 2,500 square feet of FAR each. In addition three new trustee houses shall be developed on Lot 5, one on the South end of the existing units and two on the North end of the existing units. Each new unit will be 2,500 square feet of FAR with three bedrooms. Total build -out on Lot 5 shall consist of eleven units with thirty- three bedrooms and 27,500 square feet of FAR, excluding carports (up to 500 square feet per dwelling unit). FARs and the definitions thereof for the existing and new trustee houses shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive for not less than the three year 22 109: C)1 /224/1'2 1 •:: 135 R e c C:). C?C> l:tf::: 667 f='v 757 ..,.L1.ViO.. Davis, Pit.k::in Cnty Clerk Doc $—Cii) period next succeechr►lt ;iu►;C. ; 0, IM, any subsequently adopted reduction in or change to the definition or calculation of FARs. The three new residences have received an allotment under the GMQS and have received variations for setbacks, height and open space, as noted on the Plat and as described below. 1. Dimensional Requirements and Variations Therefrom The following dimensional requirements are for the RMF Zone District; variations in these requirements that have been granted for the development activity contemplated for Lot 5 are noted: a) Minimum lot size (sq. ft.): 6,000 b) Minimum lot area per dwelling unit: i) 3 bedroom unit: 3,630 sq. ft. c) Minimum lot width: 60 feet d) Minimum front yard: i) Principal building: 10 feet ii) Accessory building: 15 feet (Note. A variation from minimum RMF Zone District front yard setbacks for accessory buildings has been granted by the City to zero feet for Lot 5.) e) Minimum side yard: 5 feet f) Minimum rear yard: i) Principal building: 10 feet ii) Accessory building: 15 feet g) Maximum height: 25 feet (Note. A dimensional height variation for the two northernmost trustee houses has been granted by the City for up to eight feet.) h) Percent of open space required for building site: 35 % 23 :474C)93 1./ 4/9'2 1f:,: 1._3 Rec $4CaCr.CSC 667 F-'G 758 )ilvia I.,z).vis, Pitk:in Cnt,/ Clerk. L. $.(m) (Note. Minimum RMF Zone District open space requirements have been waived by the City for Lot 5 in consideration of the open space otherwise provided in the SPA development plan.) i) External FAR (maximum): 1:1 j) Internal FAR: no requirement k) Off-street parking requirement: 1 space per bedroom 2. Condominiumization and Six Month Minimum Lease Requirement Pursuant to findings made during the approval process and in accordance with Section 24-7-1007 of the Municipal Code, the City has granted and awarded condominiumization approval for all eleven units contemplated for Lot 5. Condominiumization of the eight existing units is subject to payment of an affordable housing impact fee according to Section 24-7-1007A(1)(c). The fee totals $64,240 and shall be paid at time of recordation of the condominium plat and declaration for the units on Lot 5. The six month minimum lease requirement for condominium units as contained at Section 24-7-1007 (A)(1)(b)(1) of the Municipal Code has been and hereby is waived as to all the condominium units on Lot 5 as approved by this SPA plan. 3. Site Improvements (a) Utilities. All telephone, electric and cable lines on the Property servicing the improvements shall be undergrounded. All water and sanitary sewer > lines shall be designed and constructed in accordance with standards of the l` City and of the ACSD and written easements will be provided if and as \' required confirming the as -built location of each easement. (b) Landscape Improvements. Savanah shall. abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book A 2 at Page S , et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed - upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 5 Construction Schedule, but in no event later than one year 24 „ 09_ 7 C)1. / 2,1./9^ 16: 13 Rec 667 P._-; 759 1 .. w :i.<_ rPitkin Casty C1.erF:, Do � a v i :, after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been complete ed, so long as that portion of the financial guaranty provided for in this Agreement, which covers the estimated cost of such unfinished landscap- ing remains available to the City pursuant to the terms of this Agreement. All tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2” caliper. 4. Trails The Plat depicts all trails dedicated or conveyed to public use and all easements linking off -site trails to the Project's trail system, including the trail easement between the tennis townhouses and restaurant. Written easements shall be executed and conveyed after trail construction confirming the as -built location of each easement. A portion of the trail Easement for the trail from Meadows Road to Lot 4 crosses Lot 5, as depicted on the Plat. Trail construction on this' Easement and any other appurtenant recreational facilities and amenities and landscaping is the sole responsibility of the City of Aspen. Neither Savanah nor the Consortium shall have any financial responsibility for any of this work or for the maintenance of any easements. 5. Financial Assurances In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or - letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above -described improvements. As a condition for issuance of a building permit for a portion or all of. the renovation and new construction anticipated herein, Savanah and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanah to City, in all events, shall give the City the unconditional right, upon and following default by Savanah, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be appli A first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already 25 it.3 _ '37 C)1 /24/9:" 16: 13 R e c <ii4 C)C) D[::- 667 f'G 740 i1vi.a Davis, Pitk:in Cnt•:. Cler-I::, Doc_ $.C)0 constructed before the unused remainder (if any) of such guaranty is released to Savanah. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Savanah of the agreed estimated cost for that portion of the improvements except that 10 % of the actual cost of the site or landscape improvements shall be retained until all proposed site or landscape improvements are completed and approved by the Public Works Director. At anytime and from time to time, Savanah shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of City Attorney in his determination. 6. Employee Housing Savanah and the City acknowledge that the renovation and expansion of the eight trustee houses do not create any employee impact because the bedroom count in each unit remains at 3. Savanah shall pay to the City an affordable housing mitigation impact fee for 1.66 low income employees per unit for each of the three new residential units on Lot 5, in an amount to be calculated pursuant to those fee guidelines in effect at the time the fee is to be paid. The fee shall be paid prior to the issuance of the building permit for construction of any new residential unit on Lot 5 and shall be paid in proportion to the number of units sought to be permitted. F. LOT 6 - THE TENNIS TOWNHOMES AT THE ASPEN MEADOWS: Lot 6 is owned by Savanah and is zoned RMF according to and as shown on the Plat. Currently there is no residential development on Lot 6. Approved under this plan is development of seven townhome units of three bedrooms and 2,500 square feet of FAR each. Total build out on Lot 6 shall consist of seven units with twenty-one bedrooms and 17,500 square feet of FAR, excluding carports (up to 500 square feet per dwelling unit). FARs and the definitions thereof for the existing and new trustee houses shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive for not less than the three year period next succeeding June 19, 1991, any subsequently adopted reduction in or change to the definition or calculation of FARs. The seven new townhomes have received an allotment under the City GMQS and have received variations for height, open space and setbacks for accessory buildings, all as noted on the Plat and described herein. 26 #...i.,,ig3;7 01/,2_4/5'7' 16: 13 Rec >400.0i! ELF: 667 PG 761 Silvia. Ravi_,, F'itk:in Canty Clerk:, Doc 1. Dimensional Requirements and Variations Therefrom The following dimensional requirements are for the RMF Zone District; variations in these requirements that have been granted for the development activity contemplated for Lot 6 are noted. a) Minimum lot size (sq. ft.): 6,000 b) Minimum lot area per dwelling unit: i) 3 bedroom unit: 3,630 sq. ft. c) Minimum lot width: 60 feet d) Minimum front yard: i) Principal building: 10 feet ii) Accessory building: 15 feet (Note. A variation from minimum RMF Zone District front yard setbacks for accessory buildings has been granted by the City to zero feet for Lot 6.) e) Minimum side yard: 5 feet f) Minimum rear yard: i) Principal building: 10 feet ii) Accessory building: 15 feet g) Maximum height: 25 feet (Note. A dimensional height variation for the center portion of the tennis townhomes has been granted by the City for up to three feet as shown on the Plat.) h) Percent of open space required for building site: 35 % (Note. Minimum RMF Zone District open space requirements have been waived by the City for Lot 6 in consideration of the open space otherwise provided in the SPA development plan.) 27 :It 74C)Q.7 O I / ''4 / c?:•_' 1 6� : ]. RE,,($40t_ , i )i ) F F:: 667 F='G 762 Silvia. Davis, Pi.tkin Linty (:lerk:, Doc $.(-)i; i) External FAR (maximum): 1:1 j) Internal FAR: no requirement k) Off-street parking requirement: 1 space per bedroom 2. Condominiumization and Six Month Minimum Lease Requirement Pursuant to findings made during the approval process and in accordance with Section 24-7-1007 of the Municipal Code, the City grants and awards condominiumization approval for the seven tennis townhome units on Lot 6 as approved by this SPA plan. The six month minimum lease requirement for condominium units as contained at Section 24-7-1007 (A)(1)(b)(1) of the Municipal Code has been and hereby is waived as to the seven condominium units on Lot 6. 3. Site Improvements (a) Utilities. All telephone, electric and cable lines on the Property servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and written easements will be provided if and as required confirming the as -built location of each easement. (b) Landscape Improvements. Savanah shall abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book _,RL at Page 55 , et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed - upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 6 Construction Schedule, but in no event later than one year after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been complet- ed, so long as the portion of the financial guaranty provided for in this Agreement which covers the estimated cost of such unfinished landscaping remains available to the City pursuant to the terms of this Agreement. All 34Q9:',7 c_? 1. i '._'4i 92 1 6: 1. 3 neC= '::4C?O . i i(i F.'h:: 667 F't::i 763 Silvia Davis, F'itV:in Cnty Clerl-::,, Doc: $.cjt-> tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Trails The Plat depicts all trails dedicated or conveyed to public use and all easements linking off -site trails to the Project's trail system. Two trail easements are associated with Lot 6. The first is a minimum three foot wide unpaved walking path which parallels the Meadows Road on the Eastern edge of Lot 6 and the second is the easement on the Western portion of Lot 6 to accommodate the construction and maintenance of the trail from Meadows Road to Lot 4 and across the Roaring Fork River to the Rio Grande Trail, all as depicted on the Plat. Lot 6 shall be burdened with easements for these trails as shown on the Final Plat. Construction of the walking path shall be completed by Savanah in connection' with the construction of the improvements on Lot 6. Savanah and the City acknowledge and agree that all responsibility for construction of and payment for the trail to Lot 4 and any other appurtenant recreational amenities permitted in the zone district and landscaping is the sole responsibility of the City, and Savanah shall have no responsibility for the maintenance thereof. 5. Financial Assurances In order to secure the construction of the site improvements in Paragraphs 3(a) and (b) above and to guarantee 100 % of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above -described improvements. As a condition for issuance ofl-e a building permit for a portion or all of the construction anticipated herein, Savanah and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanah to City, in all events, shall give the City the unconditional right, upon and following default by Savanah, after notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to Savanah. As portions of the required improvements are completed, the Public Works Director shall inspect , them, and upon approval and written acceptance, he shall authorize the release 29 r._? 1. i -: 4 / 9 '2 16. 1. 7% Rel_ 1. � � B[::' 667 FG 764 Si1vi�A. h.Avi , F'ii._I.:in Cnty Clerk:, Doc from the guaranty delivered by Savanah of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site or landscape improvements shall be retained until all proposed site or landscape improvements are completed and approved by the Public Works Director. At anytime and from time to time, Savanah shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of City Attorney in his determination. 6. Employee Housing, \ ` In connection with the construction of the seven tennis townhome townhouse \`;condominium units on Lot 6 Savanah shall pay to the City an affordable housing mitigation impact fee for 1.66 low income employees per unit for each of the seven new residential units on Lot 6, in an amount to be calculated pursuant to those fee guidelines in effect at the time the fee is to be paid. The fee shall be paid prior to the issuance of the building permit for construction of any new residential unit on Lot 6 and shall be paid in proportion to the number of units sought to be permitted. G. LOTS 7 8 9 and 10 - THE RESIDENCES AT THE ASPEN MEADOWS: Lots 7, 8, 9 and 10 are owned by Savanah and are zoned R-15 according to the Plat. These lots currently are undeveloped. Under the SPA, Savanah has been granted approval to develop, on each lot, a single family residence together with an accessory dwelling unit. Each lot has a FAR of 4,540 square feet, excluding 500 square feet of garage, but including the accessory dwelling unit of 500 square feet above grade. FARs and the definitions thereof for the residences and the accessory dwelling units shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive for not less than the three year period next succeeding June 10, 1991, any subsequently adopted reduction in or change to the definition or calculation of FARs. The four single family units have specific building envelopes as shown on the Plat and will be subject to protective covenants that will be placed of record prior to the sale of any of Lots 7, 8, 9 and 10, which covenants will, 'A at a minimum, provide for (a) the establishment and incorporation of an association of homeowners with a Design Review Board, at least one member of which shall be designated by the City of Aspen Historical Preservation Commission, which Board shall have original jurisdiction in all matters involving any change to the then existing state or -' condition of any lot; (b) the manner in which each accessory dwelling unit on any lot shall be used, occupied and rented, including the incorporation of applicable standards and guidelines of the Aspen Pitkin County Housing Authority; and (c) the abligation of each of Lots 7, 8, 9 and 10 and each owner, at anytime, thereof to comport with and 30 k34i�q�f �_?1/24i92 1r�: l.3 F'ec $400� 00 L',k:: 667 F'Fi 765 nil is F'itk:in Cnty Clerk: Doc abide by the applicable terms, provisions, and conditions of Ordinance 14 and approved Subdivision Plat for said lots. The four (4) residences have received an allotment under the City of Aspen GMQS and have received variations for minimum R-15 zone district lot size per dwelling and minimum side yard setback requirements, as noted on the Final Plat and as described herein. 1. Dimensional Requirements The following dimensional requirements are for the R-15 Zone District: variations in these requirements that have been granted for the development activity contemplated for Lots 7-10 are noted: a) Minimum lot size: 15,000 sq. ft. (Note. The minimum R-15 zone district lot size per principle dwelling unit has been reduced to 12,000 square feet for Lots 7, 8, 9 and 10.) b) Minimum lot area per dwelling unit: c) Minimum lot width: d) Minimum front yard: i) Residential dwelling: ii) Accessory building: e) Minimum side yard: 12,000 sq. ft. 75 feet 25 feet 30 feet 10 feet (Note. The minimum side yard setbacks have been reduced by the City under the SPA to zero feet for the West side of Lot 7 and the East side of Lot 10.) f) Minimum rear vard: i) Residential building: 10 feet ii) Accessory building: 5 feet (Note. Rear yard setbacks for Lots 7-10 are as shown on the Plat.) g) Maxi.num height: 31 25 feet fF-34U`777( C)1/:24/r^ j, j.3 F:ec 1>4(D W) B[:: 667 F=G 766 Si lvia. I)cdvis, Pitk:in Cnty Clerk:, Doc 2. 0 Minimum distance between detached buildings on lot: 10 feet Percent of open space: No Requirement External FAR: 4,540 sq. ft. (Note. The square footage includes an accessory dwelling unit of 500 sq. ft. and excludes a garage of up to 500 sq. ft.) Internal FAR: no requirement Off-street parking spaces: One space per bedroom, and one space per accessory dwelling unit. Site Improvements a_) Utilities. All telephone, electric and cable lines on the Property servicing the improvements shall be undergrounded. All water and sanitary sewer `lines shall be designed and constructed in accordance with standards of the City and of the ACSD and as built easements will be provided as required. It shall be the requirement of Savanah to install all utilities to %,the lot lines. The utilities shall be installed in connection with the construction of the new Meadows Road. Financial Assurances In order to secure the construction of the site improvements in Paragraph 2 above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above -described improvements. As a condition for issuance of a building permit for a portion or all of the utility installation, Savanah and City shall agree on that portion of the work outlined in Paragraph 2 above reasonably necessary to complete the ,work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanah to City, in all events, shall give the City the unconditional right, upon and following default by Savanah, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such 32 •�i 37 0 1 /?4F; 92 16: 1 "3 Rec < 4C_)(. !7C) F 1:: 667 PG 767 =3.1via Davis, Fit-1-::in rrnty D,oi-- T, .(Y<; default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to Savanah. As j portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Savanah of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site improvements shall be retained until all proposed site improvements are, completed and approved by the Public Works Director. At anytime and from time to time, Savanah shall have the right to substitute for I V the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination. 4. Employee Housing In connection with the construction of each single family residence there shall be constructed an accessory dwelling unit of 500 square feet above grade. These one bedroom units shall be deed restricted to the low income rental guidelines in effect from time to time as determined by the Housing Authority. It shall be the responsibility of the owners of each of the four single family sites to lease the employee units to qualified tenants as determined by the Housing Authority. The owners shall have the right to select the tenants. A copy of the deed restriction form for these residential sites is attached hereto as Exhibit "D" and is incorporat- ed herein by this reference. At the time of application for a building permit for any residential lot the City shall, if so requested by the lot owner, consider the appropriateness of accepting, instead of the accessory dwelling unit on the lot, cash in lieu thereof or an off -site �; ) employee unit. The decision shall be at the reasonable discretion of the City. �/ H. ADDITIONAL PROVISIONS AND AGREEMENTS: 1) Access/Emergency Loop. The thirteen foot service access/emergency loop drive serving the lodge buildings on Lot 1 shall be constructed with an all weather surface adequate to support fire -fighting apparatus. Such access/emergency loop drive(s) shall be plowed, cleared and maintained to thirteen foot widths at all times of the year and particularly during the winter months. 2) Fire Protection: A bI1 uildings t� be served and accessed from the thirteen foot access/emergency loop drive shall have interior sprinkling fire P rotection/ P g suppression systems as approved by the Fire Marshal and such system(s) must be approved prior to the issuance of a building permit. 33 if_ 40937 01/ ='4/92 16: 13 F;c?c $4i1f).C?C? Dl:..* 667 PG 766 Pitk:in wnty Clcrk:. Doc Silvia Davis, ... 3) Fireplace Regulations. All residential units shall comply with fireplace regulations as contained in the Municipal Code and enforced by the Environmen- tal Health Department. No building permits shall be issued for residential units absent compliance with fireplace regulations. Savanah shall replace the wood burning fireplaces in the eight existing trustee house units on Lot 5 with gas log fireplaces. Minor relocations of existing fireplaces shall be considered replace- ment of existing and not the incorporation of new fireplaces. All disputes concerning the application or interpretation of fireplace regulations to the Project (and individual components thereof) shall be subject to review and determination by the Clean Air Board. 4) Drainage Mitigation. Prior to the issuance of a building permit for each component of the Project, a drainage mitigation plan for that component for run- off during construction activity shall be submitted to and approved by the City Engineer so as to insure against or minimize run-off into Castle Creek and the Roaring Fork River. 5) " Fugitive Dust Control. Prior to the issuance of a building permit for each component of the Project, a fugitive dust control plan for that component must be submitted to and approved by the Environmental Health Department and applicable state agencies. Additionally, a fugitive dust control plan must be submitted and approved by the Environmental Health Department for the MAA parking lot prior to issuance of a building permit for the MAA rehearsal/ performance facility. 6) Energy Conservation - Savanah. All energy conservation and efficiency measures as represented by Savanah in its GMQS application and set forth in Exhibit "E" hereto regarding insulation, glazing, solar orientation, HVAC, and plumbing fixtures shall be incorporated into all residential units and the design(s) thereof must be approved by the City prior to issuance of any building permit for residential construction. These measures shall be further incorporated into deed restrictions and/or covenants for all single family homes and condominia. 7) Energy Conservation - Institute and MAA. Non-residential construction and facilities shall utilize state-of-the-art energy conservation and efficiency measures as represented by the Institute and MAA. Accordingly, detailed plans submitted for building permits for the lodge structures and the MAA rehearsal/performance hall must be accompanied by the energy information provided to staff in the Appropriate Technologies Associates' letter of May 3, 1991, Exhibit "F" and the MAA Rehearsal/Performance Hall Energy Conservation Description document submitted to Planning staff on May 20, 1991, a copy of which is attached hereto as Exhibit "G". The engineered thermal envelope calculation will be verified by the Building Department according to the Model Energy Code. 34 # 3 3 r C! 1 !:'4 / 9Y ]. 6 : 1-3 FieC 11;4:)C) I=,F:: 667 F='G 769 Pi.tkin Cnty Clerk, Do I.,OC) 8 Fox Dens. The Consortium has constructed replacement and additional fox dens in a manner and at locations selected in the field by the City, in consultation with the Director of the Aspen Center for Environmental Studies ("ACES"). 9) Re-Ve eg tation. Re -vegetation of all areas developed pursuant to the Plan shall be implemented in accordance with those guidelines as set forth by Design Workshop in its letter of March 21, 1991, a copy of which is attached hereto as Exhibit "H". All re -vegetation shall be inspected and monitored by the City to ensure that re -vegetation efforts and the protection of the same are successful. 10) Manicured Lawn Areas. New manicured lawn areas shall be minimized to the extent possible, except in those areas adjacent to the Music Tent, and as shown on the Plat. 11) Construction Barricading. Prior to excavation, temporary construction barricades and/or fencing shall be erected within five feet of the building envelopes of the tennis townhomes and trustee townhomes to prevent damage from falling debris to the slope bordering the development activity unless unstable soils dictate alternative locations mutually agreed upon by Savanah, the Building Department and Planning Office. Prior to issuance of building permits for individual components, the locations of all fencing and barricades shall be submitted to and approved by the Building Department and the Planning Office. All fencing and barricades shall remain in place throughout the construction process. 12) Amendments. Any SPA or Master Plan amendment or future development applications submitted by any non-profit user of the Property (Lots 1, 2 and 3) shall be applied for jointly by all non-profit property owners but need not receive approval of the owners of Lots 5-10 inclusive. This provision shall supersede any requirement herein or elsewhere in the Municipal Code or otherwise contained requiring SPA submittal approval by all property owners within a Specially Planned Area. Conversely, any SPA Amendment proposed to be submitted by any residential owner or association thereof (Lots 5-10, inclusive) shall require, in addition to the consent of the owners of the residential component involved, the approval of the resident non -profits of the SPA, which approval shall, however, not be unreasonably withheld. 13) Public Access. Public pedestrian access, excluding access to buildings, will continue to be allowed at reasonable hours throughout the entire academic (A), open space (OS), and wildlife preservation (WP) zone district areas of the 35 47:: i' C) I /'24 9,2... 1]. =3 Rec $4C) C F f:: 667 f='G 770 Pi.tE::in Crlty Clerk, Dc;r:. $.i;ii Property, subject to reasonable regulations as may, from time to time, be established by the owners thereof in order to protect their property, as well as the academic privacy and serenity of the campus, its programs and the health and safety of other users and visitors. 14) MAA Parking Lot. The MAA parking lot shall be plowed and kept clear of snow during all wintertime performances or functions at MAA facilities. M. MISCELLANEOUS A. PERIODIC PROJECT REVIEWS To the extent practical and necessary, every six months following the date hereof until the construction of all components of the Project is complete, the Consortium shall, if requested thereby, meet with the City Planning Office for the purpose of informing the Planning Office as to the progress in developing the Project pursuant to the terms hereof. ! If the Planning Office deems it necessary, the Planning Office will report to the Aspen Planning and Zoning Commission on the outcome of one or more of these meetings. The Consortium and the City recognize that these meetings, when deemed necessary, are for purposes of providing progress reports and developing mutually acceptable solutions to any problems that may be encountered during construction. B. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that an individual member of the Consortium is not acting in substantial compliance with the terms of this Agreement and/or one or more of the Construction Schedules submitted to the City Engineering Department in accordance herewith (a "Non -Complying Member"), the City Council may issue and serve upon the Non -Complying Member a written order specifying the alleged non-compliance and requiring the Non -Complying Member to remedy the same within such reasonable time as the City Council may determine. Within twenty days of the receipt of such order, the Non -Complying Member may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Agreement should be granted with respect to any such non-compliance which is determined to exist. 36 4C19—t,i' C?1;'24/9- aL6: 1.. f-:ec -?r?, r.><? I31: 667 FT3 771 Iv:i.r:}. Davi:... Pi.ilk in Crit,71 C1erE::, Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings or pursuant to such other procedures, formal or informal, upon which the City and the Non -Complying Member shall agree. If the City Council determines by the evidence that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval granted herein shall be issued without a finding of the City Council that evidence warrants such action and affording the Non -Complying Member a reasonable time, not less than thirty days, to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Non -Complying Member, terminate any of the approvals contained herein which are reasonably related to the requirement(s) with which there has been such established non- compliance; however, under no circumstances will a failure to comply on the part of the Non -Complying Member in respect of any obligations that attend that component of the Project for which it is responsible, as outlined above, affect the approvals for any of the remaining components of the Project. The City Council may grant such variances, extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances as an alternative disposition of any finding of non-compliance. In addition to the foregoing, the Consortium or its successors or assigns, or any member thereof may, on its or their own initiative, petition the City Council for a variance, an amendment to this Agreement, or an extension of one or more of the time periods required for performance hereunder, or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances; provided in all events that the City Council shall not unreasonably refuse to extend the time periods for performance indicated in one or more of the Construction Schedules if the affected member of the Consortium demonstrates that the reasons for the delay(s) which necessitate such extension(s) are beyond the control of such member, despite good faith efforts on its part to perform in a timely manner. Notwithstanding anything in this Section., to the contrary, the foregoing concerning non-compliance and requests for amendments or extensions shall not apply in connection with any matter with respect to which the Aspen City Charter or the Municipal Code has invested original jurisdiction in other boards, such as the Board of Appeals and Examiners. With respect to such matters the rules of practice and procedure established for and/or by such boards shall, in the first instance, apply. Noncompliance with one or more of the Construction Schedules set forth above due to difficulties with fund raising or other occurrences outside of the control of the non-profit members of the Consortium shall be examined in any non-compliance hearing before the City Council and can be a basis for granting a variance from an extension of any of such schedules. 37 k ?9.-3 (-)1 /'24/922 16. 1:Z F;eC $ �. �;c> r,f:; - 667 R c 772 ria. D .vi. Pitk:i.n C:nty C.1 , Ljoc= s.i�c' C. GENERAL PROVISIONS 1. Notice. Notices to be given to the parties to this Agreement shall be deemed given if personally delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or at such other addresses as may be sustained upon written notice by the parties or their successors or assigns: City of Aspen: City Planning Director cc: City Manager 130 South Galena City Attorney Aspen, Colorado 81611 Lot 1: Aspen Institute 1000 North 3rd Street Aspen, Colorado 81611 With a Copy To: Gideon Kaufman Wheeler Square Law Offices 315 East Hyman Avenue Aspen, Colorado 81611 Lot 2: Music Associates of Aspen 2 Music School Road Aspen, Colorado 81611 With a Copy To: Alan Schwartz 106 South Mill Street Aspen, Colorado 81611 Lot 3: Aspen Center for Physics 700 West Gillespie Aspen, Colorado 81611 With a Copy To: Nick McGrath 600 East Hopkins Avenue Aspen, Colorado 81611 Lot 4: City of Aspen/City Planning Director 130 South Galena Street Aspen, Colorado 81611 1:34.i>�'=•< <:�1/?4/`' 1.6:1.3 Rf .40(_-�;i, f'f: 667 f='i 773 Lots 5, 6, 7, 8, 9 and 10 Savanah Limited Partnership 600 East Cooper, Suite #200 Aspen, Colorado 81611 With a Copy To: Robert W. Hughes Oates, Hughes & Knezevich, P.C. 533 East Hopkins Avenue Aspen, Colorado 81611 2. Binding Effect. The provisions hereof shall run with and constitute a burden upon the title to the Property with the exception of Lot 4, thereof, which is not a part of the Aspen Meadows Specially Planned Area, and shall be binding upon and shall inure to the benefit of the Owner, each member of the Consortium and the City and their respective heirs, personal representatives, successors and assigns. 3. Applicable Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado and the Municipal Code of the City of Aspen. 4. Vested Rights. Pursuant to Section 24=6-207 of the Municipal Code, a Vested Property Right is hereby established for all development activities (including the siting and massing of building improvements) approved by this Agreement and, accordingly, for the three year period next succeeding June 10, 1991 no zoning or land use action by the City, legislative or otherwise, and no citizen initiated zoning or land use action shall in any manner alter, impair, prevent, diminish or otherwise delay any development activities or use of the Property approved by this Agreement, except: a. with the consent of the owner of the property affected by such action; or b. upon the discovery of natural or man-made hazards on or in the immediate vicinity of the property affected by such action, which hazards could not reasonably have been heretofore discovered, and which hazards, if uncorrected, would pose a serious threat to the public health, safety and welfare; or C. to the extent that compensation is paid as provided in Title 24, Article 68, C.R.S. Nothing by the establishment of this Vested Property Right shall exempt the development activities or use of the Property contemplated in or by this Agreement from subsequent reviews and approvals which may be required by 39 Gk; " 4 . ? C) 1 /'.' 1 P``2 1 F : 13 Rer Or_ lik:. 667 F'C3 774' D . ?. i..... Fi i_ I :: i n C_: n t. y Clerk, Dr, :: other provisions of this Agreement or the general rules, regulations and ordinances of the City provided that such reviews and approvals are not inconsistent with the development activities or use of the Property contemplated in or by this Agreement. Moreover, the establishment of this Vested Property Right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City including, but not limited to, building, fire, plumbing, electrical and mechanical codes and in connection with any such development activities or use of the Property, the owner(s) of the property involved shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless such owner(s) shall have been granted an exemption therefrom in writing. Nothing by the establishment of this Vested Property Right shall preclude judicial determina- tion, based on common law principles, that a vested property right exists with respect to any development activity or use of the Property approved by this Agreement, or that any subsequently enacted or citizen initiated zoning or land use action has resulted in a compensable taking of all or some portion of the Property. In the event of a final determination by the Aspen City Council of a noncompliance with the terms of this Agreement by any Consortium Member, then so much of the Vested Property Right hereby established as relates to that component of the Project for which the Non -Complying Member is responsible, as set forth above, shall from then and thereafter no longer exist; provided that if such determination is ever judicially invalidated then the Vested Property Right formerly extinguished shall, ipso facto, thereupon be revived nunc pro tunc to the time of the City Council's determination of non-compliance. S. Expiration of Development Allotment. The development activity contemplated in Subsection G of Section II of this Agreement shall be eligible for exemption from expiration under the provisions of Section 24-8-108 of the Municipal Code, notwithstanding that a building permit is not sooner obtained in respect of such development activity, if on or before three years next succeeding the effective date hereof application for such exemption is made by the owner(s) of any of Lots 7, 8, 9 or 10 and by the time of such application for exemption any conditions set forth in this Agreement relative to the development activities contemplated in Subsection G of Section II, which were to have been met by the time of such application have, in fact, been met, and all contemplated utilities have been installed to the lot lines of Lots 7, 8, 9, and 10 and the work and activities contemplated by Subsection D2 of Section I of this Agreement have been completed. 6. Severability. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section or the application thereof in any circumstances is validated, such provision, paragraph, sentence, clause, phrase, word or section shall be severed from the Agreement and the remainder shall remain in full force and effect. 40 47 13 T, 01. /27A/`' ' 16: 131 R'ec $/ 00 B*:: 667 F`G 775 Si ia. havi s , Pitkir, Cnt.y. C1er ,.::, Doc $.(_)(D 7. Incorporation of Recitals and Written Submittals. The City and the Owner hereby stipulate and agree that the recitals preceding this Agreement, and all of the written submittals (as amended and presently effective) made by Owner to City throughout the course of the Aspen Meadows SPA approval process, shall be deemed to be part of this Agreement and to be incorporated herein by this reference. The City will, upon request from interested parties, including prospective purchasers and lenders, and within a reasonable period of time following such request, issue appropriate written certification as to the compli- ance, or lack thereof, of any component of the Project with such recitals and written submittals. 8. Entire Agreement: Amendment. This Agreement contains the entire understand- ing and agreement between the parties herein with respect �to the transactions contemplated hereunder and may be altered or amended from time to time only by written instrument executed by each of the parties hereto. 9. Acceptance of SPA Final Development Plan: Ratification by Owner. Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the SPA Final Development Plan and Subdivision Plat for the Aspen Meadows, and to accept the same for recordation in the Recording Office of Pitkin County, Colorado, upon payment of the recordation fee and costs to the City by Owner. For its part, Owner hereby ratifies and confirms each and every representation set forth in the Plan, and made in the course of submittals and hearings (as amended and presently effective), upon which approvals granted may have been based. 10. Reasonableness. In all dealings with one another under, and in connection with all determinations or interpretations that are to be made pursuant to this Agreement, the parties hereto, their agents, employees, designees and affiliates, and any third parties called upon to make any determination pursuant to the provisions of this Agreement, shall conduct themselves reasonably, fairly and in good faith. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above -written. ' THE CITY OF ASPEN, COLORADO, a ATTEST: municipal corporation Katl ryk� ch; ­ City Clerk Joh Bennett, Mayor (Signatures Continued on Page Following) 41 !l Zf ?1/?4/9'2 16:13 R e c $4 00 Bi::' 667 PG 776 Silvia Davies, Pitl::in Cnty Cler•'r::, Doc $.cii; STATE OF COLORADO ss. COUNTY OF PITKIN SAVANAH LIMITED PARTNERSHIP, a D. fict f Columbia limited partnership k by THEEN INSTITUTE "\�By: ' MUSIC ASSOCIATES OF ASPEN ASPEN CENTER FOR PHYSICS By The foregoing instrument was acknowledged before me this day of - ANu0r , 199J.,rb14l2 R N--rAMi_NI as kpg q q& i N FPj:r for SAVANAU LLMTrED PARTNERSHIP, a District of Columbia imited partnership. I(SEAL) .. WITNESS my hand and official seal. My commission expires: �7 (Notarial Ctause3 42 c C) Eik:* 667 PG 777 4q,- C) 2 4 1" R e c $ 4 C) (D Fitk-Ln C.rity Clerl<, Dcic $.(_')C) STATE OF COLORADO COUNTY OF PITKIN The foregoing instrument Vs actnowlgged(Zi6foe me is day of g P_ i 99yby _Lhft V /A� as for' THE PEN IN TMTE. A fr. -I --I vVIINESSmyliandan o c 0 TA 7 -...My commission expires: L I F'COLORADO I aa. COUNTY OF PITKIN The foregoing instrument was acknowledeed-befor-e-me this day of J _rt u op-V —) 1991,by zap'g-v 14APZnq as ]L-"57-r -, for MIELS10- ASSOCATIN 6P-ASPEN. WITNESS my hand and offici ........ . ; . .My commission expires: O L I .:STATT F,,COLORAD0 011,11* ) S.S. COUNTY OF PITKIN The foregoing instrument was acknowledged befb�� me this day of 4-AN U Jq/2 199y, by QP_A:e c,' -raariat4abi as fqf A P E& 7ACJ%N FOR PHYSICS. (SEAL) X)Ulrrr?zUQQ hand A official vi—al mycul cul W My commission expires: 7- 43 [#34 )-r37 01 / 24/92' 16: 13 Rec $4(-)(_ . _)i? Dk' 667 PG 778 Silvia Davis., Pitl<in Cnty Clerk., Doc_ $.00 APPENDIX "LIST OF EXHIBITS" PAGE NO. EXHIBIT DESCRIPTION 1 A Legal Description of Property 6 B Traffic Mitigation g C Utility Cost Estimates 33 D Deed Restrictions for Single -Family Sites 34 E Energy Conservation and Efficiency Measures 34 F Appropriate Technology Associates Letter 34 G MAA Rehearsal/Performance Hall Energy Conservation Description 35 H Design Workshop March 21, 1991, Re -Vegetation Letter s,vw,at,\m;sc\appenau.oi 44 Si.lvi.ak I7a.v:i.=. Pirkin Cr EXHIBIT "A" $:4(--)(-). C)C) F-,*:. 667 F-G 779 Clerk, no $-,C)r=) The Aspen Meadows Ij;(;AI, I) SCRIITION A tact (if Lind located within portions of the North 1/2 of Section 12, and the South 1/2 Section I, Township 10 South, Range 85 West of the (ith Principle Meridian, Pitkin County, State of C01OURIO being more particularly described as follows: necinning at the center north 1/16 corner of said Section 12, described as such on the "Plat of theAspen Mendows Subdivision Exception" and being a found in place 3/8 z 1 inch steel bar. Thence N 84" 14' 00" W, along the north line of Ben Deane Lot Split Subdivision and Castle Creek Subdivision, 797.62 feet to the easterly line of Red Butte Cemetery; Thence along the easterly boundary of said Red Butte Cemetery, the following nine (9) courses: 1) N 17" 40' 15" E, 84.75 feet; 2) Thence N 13' 01' 35" W, 65.00 feet; 3) Thence N 11' 33' 10" E, 96.62 feet; 4) Thence N 1' 50' 20" E, 114.04 feet; 5) Thence N 14' 30' 25" W, 64.31 feet; 6) Ilience N 4" 08' 30" W, 286.13 feet; 7) "Thence N 21' 28' 50" W, 171.56 feet; 8) Thence N 16' 21' 15" E, 305.82 feet; Thence N 1" 02' 20" W, 33.38 feet; '1'Ix•i)ce N 88" 35' 15" E, 392.52 feet; Thence N 5" 30' 00" E, 38.99 feet; 'I'hcnce N 7" 06' 19" W, 14.77 feet to the southeast comer of I.ot 10, Black Birch Estates. Thence along the easterly boundary of said Black Birch Estates, the following four (4) courses: 1) N 29" 54' 00" W, 199.72 feet; 2) Thence N 14' 17' 00" W, 119.61 feet; 3) Thence N 15' 03' (V E, 84.24 feet; 4) Thence N 52' 19' 00" E, 57.18 feet to the center line intersection of the Roaring Fork River and Castle Creek; 'Thence southeasterly approximately 3000 feet along the centerline of the Roaring Fork River, being described by the following seventeen (17) courses for the purpose of acreage cnimilations only, and is not intended for the establishment of boundary lines: 1) Thence S 40' 10' 12" E, 126.35 feet; 2) Thence S 64' 18' 32" E, 131.86 feet; 3) Thence S 82' 09' 52" E, 384.76 feet; 4) Thence S 50' 54' 59" E, 92.62 feet; 5) Thence S 17' 30' 46" E, 203.65 feet; 6) Thence S 19' 45' 08" W, 250.14 feet; 7) Thence S 10' 22' 00" W, 192.51 feet; Vic) Thence S 44' 55' 01" E, 119.52 feet; 9) Thence S 82" 30' 46" E, 269.67 feel; 10) Thence N 76' 46' 08" E, 141.40 feet; 11) Thence S 94" 08' 11" E, 120.42 feet; 12) Thence S 51" 11' 12" E, 217.42 feet; 13) Thence S 70' 55' 07" E, 239.71 feet; 14) Thence S 35' 54' 39" E, 162.80 feet; 15) Thence S 9" 06' 17" W, 129.26 feet; 16) Thence S 41" 26' 27" E, 115.37 feet; 17) Thence S 76" 13' 42" E, 102.93 feet ton point on the westerly boundary line of Lot IA Second Asp),n Company Subdivision; #34001 /24/92" 16: 13 Rec $40C). t„_- Bt::; 667 PG 780 Silvia. Davis, Fitk:in Cnty Clerk:, Doc Thence along the westerly houndary of said Second Aspen Company Subdivision, the following two (2) courses: 1) S 0" 27' 00" E, 470.00 feet; 2) Thence S 16" 35' 00" E, 723.96 feet to a point along the north right-of-way of Gillespie Avenue; Thence N 89" 58' 15" W along (lie north right-of-way of said Gillespie Avenue, 869.13 feet to (he %rest right-of-way of Sixth Street; Thence along the west right-of-way of said Sixth Street S 0" 12' 00" E, 199.71 feet to a point along the north right-of-way of North Street; Thence along the north right-of-way of said North Street N 75" 12' W" W, 269.67 feet; Thence S 14. 47' 30" W, 9.66 feet to a point on the Aspen Township Line 5-6; Thence N 65" 30' W" W along said Ashen Township Line, 488.90 feet to a point along the east right-of-way of the original Meadows Road; Thence along said east right-of-way of said Meadows Road the following five (5) courses: 1) N W 54' 00" W, 400.71 feet; 2) Tlience N 650 21' 00" W, 6.72 feet; 3) Thence N 0" 54' 00" W, 19.12 feet; 4) Thence along the arc of n curve to (lie right, having n radius of 1403.09 feet, a central angle of 8° 33' 12" for an arc length of 209.46 feet, and whose chord hears N 3" 22' 36" E, 209.26 feet; 5) Thence N T 39' 12" E, 296.47 feet; Thence N 84" 14' 00" W. 84.21 feet to the Tme Point of Beginning and containing 84.536 acres more or less. kk34�?9-7 i�i/24/9^•_ 16:13 1 gilvi. Tk Davisq F'itk:in Ci7ty $400. 00 T3V` 667 F'G 761 C l e r k- D a c:: $. c;? c;? EXHIBIT "B" THE ASPEN MEADOWS TRAFFIC MITIGATION PLAN February, 1991 #340937 01/24/92 16: 13 Rec clo Bi` 667 F'G 792 Silvia Davis, F•itkAn Cnty Cler•I•::, Doc $.i)(-) THE ASPEN MEADOWS TRAFFIC MITIGATION PLAN This plan has been prepared by the following individuals: Committee Members: King Woodward, The Aspen Institute Kim Johnson, Aspen/Pitkin County Planning Office Dan Blankenship, Roaring Fork Transit Agency George Vicenzi, West End Resident Robert Harth, Ed Sweeney, Music Associates of Aspen Don Swales, West End Resident Roger Hunt, Aspen Planning and Zoning Commission and West End Resident Perry Harvey, R.J. Gallagher, Hadid Aspen Holdings, Inc. Bob Felsburg, Felsburg Holt & Ullevig Other Participants: John Goodwin, Aspen Police Chief Chuck Roth, Aspen Public Works Department Jan Collins, West End Resident Amy Margerum, Aspen/Pitkin County Planning Office 4C)C?7, ::.-4 .: c ! ,c;: 1 = F;E r._ 9�4C�C�, C )C) I:�k:. 667 F='r 7e3 S. i '_' _ .L •✓ �. �;. I , <:,. , � �. F:i I-. F:: i r, C_ nt y C 1 e rI :: , D r, r_:: I. Introduction During the late summer of 1989 the City of Aspen began the preparation of a Master Plan for the Aspen Meadows property. This plan, completed in January 1990, was formulated within the framework of four goals. Two of the goals, which are directly related to the traffic and transportation aspects of the plan, were stated as follows: Goal 3: Mitigate, to the maximum extent feasible, the effects of the devel- opment on neighboring properties. Goal 4: Mitigate, to the maximum extent feasible, the project's impacts on the overall community. From a transportation standpoint, the Master Plan included a number of physical elements in the site plan which were directed at achieving these goals. These included creating a new primary access point to the West Meadows via Seventh Street, constructing a new trail system linking both the East Meadows and the West Meadows to the City's trail system, and improving the MAA parking lots to better serve automobiles and transit interface. However, the Master Plan went even further and identified a number of mitigation measures, many of which are operational in nature, which should be explored. These included such measures as controls on delivery vehicles; plans for smaller, non -diesel transit vehicles; shuttle service to/from the Meadows; parking controls; and emphasis on pedestrian and bicycle access. To respond to this concern, in October 1990 the Consortium formed a committee to further evaluate mitigation measures and to develop a traffic mitigation plan for the Aspen Meadows project. This committee was comprised of representatives of the owners and users of the property, West End residents, the manager of the Roaring Fork Transit Agency (RFTA), representatives of the Aspen/Pitkin County Planning Office, a member of the Aspen Planning and Zoning Commission, and a professional transportation consul- tant. The committee held seven meetings between October 30, 1990 and February 5, 1991 to discuss mitigation measures and to prepare this plan. In addition to committee mem- bers, other residents and City employees participated in these meetings. Early in the process, the committee formulated the following goal statement which directed the committee's efforts: "To develop mitigation measures for the Aspen Meadows facilities to reduce automobile use and it's impact on the West End neighborhood and the community at large, and to make the Meadows facilities more accessible to residents and guests in environmentally sound ways." The resulting plan has been developed in two components. Because the characteristics associated with the lodge, restaurant, and health club facilities on the western portion of the property differ significantly from those of the MAA facilities on the eastern portion, the mitigation measures appropriate to each portion also differ. Therefore, the following sections provide a series of mitigation measures for each of the areas of the property. With each measure are provided a brief description of the action, the suggested phasing for implementation of the measure, and identification of the responsible party. 4*340937 01/24/92 16:13 r.._ $4ci(—).00 Bk:: 667 F'; 784 Silvia Davis, Pitk:in Cnty Clerk, Doc In developing and implementing this or any mitigation plan, it is important to understand that the plan must be evolutionary. While the goal of the plan must remain steadfast, the mitigation measures and the details of their implementation must be flexible, requiring monitoring and fine tuning over the years. It is recommended that the City undertake a program to review the effectiveness of the mitigation measures on a regular basis and to work with the Consortium to modify the details of the measures to ensure effective, yet efficient, implementation. 2 th.740< < 1!'4./i' 16: 1� , B1-:; 667 F-r-785 Fitl::in Cnt f 1Frl: E.Oc II. Mitigation Plan for West Meadows Facilities A. Background Currently, the residential units on the western portion of the Aspen Meadows property include 60 lodge units and eight townhouses. The conceptual SPA approval included the addition of four single family residences, ten new three - bedroom townhomes, and 50 lodge units. The purpose of these additional facilities is primarily to better serve the group activities sponsored by the members of the Consortium. During the summer months, use will be almost exclusively by these groups. During the winter season, it is anticipated that the lodge may be operated for public use. Furthermore, the restaurant will be renovated, but will not be expanded. Finally, the health club, used primarily by guests of the West Meadows, will be enlarged slightly. In developing the mitigation plan, the committee considered measures that ad- dressed each of the primary user groups of the West Meadows facilities: guests, employees, and users of the restaurant or health club who are not staying on the grounds. Furthermore, a mitigation plan usually includes auto disincentives and incentives to use other modes of transportation. Auto disincentives are restrictive measures that discourage individuals from using their automobiles. The second element is comprised of measures that make it attractive and convenient to use alternatives to the automobile. As will be highlighted by the list of measures described in the following section, this mitigation plan includes a wide range of both auto disincentives and alternative mode incentives. How effective will this plan be? While it is very difficult to project exactly how much trip reduction will occur as a result of this plan, the committee believes that it has the potential to significantly mitigate the effects of additional traffic due to the new development. The following table presents a summary of trip generation which might be expected from the West Meadows based on trip rates typical of the Aspen area if no specific mitigation program is implemented. As shown, the existing residential and restaurant facilities could generate about 750 vehicle trips per day. The proposed additional residential units could generate another 340 trips per day, bringing the total trip estimate to nearly 1,100 vehicles per day. Thus, a 30 percent trip reduction would result in total traffic generation with the expanded facilities equal to that which could be generated by the existing facilities without a mitigation plan. Because of the nature of the users of the West Meadows and the broad -based character of the mitigation plan, it is believed that, when properly implemented, the proposed plan will achieve these results. Zvi. T_:,.vi�, F'it.E::in r��L.: B 667 RG 796 �'.,. Fir �:; y UOr f>. (j(-i IT CD I'll ^I Ln � VI O. F, r. U. vi O O CG � O V —' O O F ON N p �'1 �I M I en Q d N O rn ►. \O T 00 %0 O O O Q O tt h ot C N Gl+ X v1 O i ao O O OI 00 L.� E ca O N °o 00 V 1 co Q \ coU A _ N v N U a)c*1 N O `i O O _ L 7; tg 4 C)c?-1 (-?1/'-24;'9 1.6: 17 Rec_ DI::' 667 F='r 787 B. Elements of Mitigation Plan The following elements of a traffic mitigation plan directed at West Meadows related traffic have been identified. 1. Airport Van Service Description: A free van service to and from the airport will be provided for guests and residents of the West Meadows. Because it is antici- pated that most of the guest visits will be prearranged, the lodge will dispatch the van (a vehicle with an approximate capacity of 12 -16 passengers) to pick up guests based on their flight schedule. Similarly, departures will also be able to be prearranged. All guests will be encouraged to use this convenient, yet efficient, service. Phasing: This service will be initiated upon opening of the renovated lodge. Responsible Party: Lodge operator through agreement with Aspen Institute. 2. Van Service to/from Town Description: A free van service will be operated between the West Meadows and downtown Aspen. This service will be available to all guests, residents, and employees of the West Meadows, including users of the restaurant, tennis courts, and health center. The ser- vice will utilize a relatively small vehicle, seating approximately 12- 16 passengers. The service will be a regularly scheduled service with frequent headways. During the high season, this route will run from early morning to late evening on one-half hour headways. The schedule will be adjusted for applicability to each season, and may be provided on an "on demand" basis during certain seasons. Phasing: The basic service described above will be initiated with the opening of the renovated lodge. Its usage will be monitored, and the service will be adjusted as necessary to..meet the demand of the patrons. Responsible Party: Lodge operator through agreement with Aspen Institute. 3. Chartered Vehicles for Group Activities Description: When appropriate, group activities either leaving or coming to the West Meadows will be served by chartered vehicles arranged by the management of the West Meadows. By providing this service, management will be better able to control the number and/or size of vehicles serving the participants in such activities. Furthermore, encouragement of the use of this service will discourage the use of private automobiles by participants. =;? 1./21/92 1.6; 17 F;c_c #;/k_ ?< Bk: 667 f'L 78E3. :i. ]. :� i <a. I i a✓ i s P i t k:: i n C n t y +. 1. e r i<: , D o c: Phasing: This service will be provided with the first organized groups using the West Meadows. Responsible Party: Lodge operator. 4. Guest Parking Description: No parking for the lodge units will be provided adjacent to the units. Instead, parking for these units will be located in a parking structure under the tennis courts. Thus, even if guests bring vehi- cles to the campus, their vehicles will not be immediately available to them. Furthermore, guests will need to walk past the van service in order to get to their vehicles. It is hoped that this concept will encourage guests to use the van service rather than their private automobiles. Phasing: See construction schedule. Responsible Party: Aspen Institute 5. Trail System Description: Site planning has provided for on -campus trails that connect to the extensive city-wide pedestrian and bike trail system adjacent to the Meadows property. Thus, the Meadows trail system has been designed to complement the City's efforts in developing pedestrian and bicycle trails, thus encouraging guests of the Meadows to use these modes of transportation. Phasine: The on -site trail systems will be phased through the City's trail construction program. Responsible Party: City and the Consortium. 6. Bicycle Facilities Description: Bicycles will be made available for use by guests of the lodge at a minimal fee designed to cover maintenance, replacement, and administrative costs. Furthermore, bicycle racks will be provided at those facilities which may be used by persons not lodged at the West Meadows (for example, at the health center and at the tennis courts). Phasing : It is expected that this program will begin with 25-30 bicycles available. The program will be monitored and the supply of bicy- cles will be increased accordingly. Responsible Party: Lodge operator. o, f'4(.)9-3 C)1. /^4/922 1! :.1.3 Fier (r4C C)e C?C) F'k:: 667 F'l 7i39 o3.Lviat Davis, 'itk:in Cnty Clerk, Doc $,c)() 7. Promotional Materials Description: All promotional materials for the West Meadows lodge will emphasize the availability of the van service, will encourage walk- ing and bicycle use, and will discourage the need for personal automobiles. The focus of this mitigation measure is to precondi- tion the guest so that he or she chooses not to even rent a car upon arrival in Aspen. Phasine: This message will be included in all promotional materials published for the renovated lodge. Responsible Party: Lodge operator and Aspen Institute. 8. Employee Parking Description: Limited employee parking will be provided on -site. This parking will be available only for employees for whom vehicles are essential for the execution of their jobs and for employee carpools of 3 or more persons. A ride matching service will be available through management to encourage the formation of carpools. Furthermore, employees will be provided with their choice of subsidized transit passes or subsidized parking at the Rio Grande parking garage. A shuttle service will be provided for employees from the Rio Grande garage either in conjunction with the regular- ly scheduled van service to Town or as a separate operation. Phasing: This measure will be implemented with the opening of the renovated lodge. Responsible Party: Lodge operator and Aspen Institute. 9. Coordination with Potential Rail Service Description: If passenger -rail service does materialize on the Rio Grande right-of-way, a transit stop will be encouraged in a location which would allow access to the Meadows via the pedestrian bridge on the Roaring Fork River. Phasing: To be implemented with the initiation of rail service. Responsible Party: Applicant and Rail Service Operator tt T._ ,37 O]./y4/92 16: 1' F;ec $4L_• Yt) Bk:: 667 F-'G 790 Silvia Davis, Pitkin Cnty Clerk:, Doc $.ci(--) 10. Delivery Truck Restrictions Description: Because of the expected infrequency of large vehicle deliveries to the West Meadows property (approximately 4 to 5 per day), it is recommended that truck restrictions be focused on time of day and route restrictions. It is recommended that deliveries will be limited to the hours of 9:00 - 1 1:00 A.M. and 2:00 - 4:00 P.M. Thus, the noise impacts of delivery vehicles will not occur during the most sensitive time periods. Furthermore, all deliveries to the West Meadows will be restricted to use of Seventh Street only between the Meadows and SH 82. These restrictions will be implemented through operator agreements. Phasine: The time of day and route restrictions will be implemented upon opening of the renovated lodge. Responsible Party: Lodge operator and Aspen Institute. E:3 tf74C?93_7 Cr 1. / 4 U:? 1 6- 1. -.. Rtc $4C)C) . C)i) E'F : 667 PG 791 -F k j. C n t y C1. e r k , Dac . C�c, III. Mitigation Plan for MAA Facilities A. Background The MAA facilities, located on the eastern portion of the property, will include rearranged seating in the tent and a new rehearsal facility to accommodate rehears- als and small performances. It is important to note that the modifications to the performance tent will not increase the size of the audiences; they will simply improve the seating conditions for the audiences. Although there are students and faculty associated with traffic related to the MAA facilities, the majority of concerns expressed by neighbors are related to the impacts created by concert -goers. Therefore, most of the mitigation measures included in this plan are focused on these users. Principally, these measures are directed at encouraging concert -goers to walk, bike, or ride the transit system rather than driving their automobiles to the concert. This part of the plan particularly will be evolutionary in nature. Efforts to reduce auto use have already been undertaken in recent years by the MAA in conjunction with West End residents. The elements discussed in the following section are a further expansion of these earlier efforts. As the program is implemented and evaluated, it is expected that even further refinements will be appropriate. B. Elements of Mitigation Plan In developing a mitigation plan to address MAA traffic, the program focuses on several measures. 1. Promotional Materials Description: Promotional materials (including maps distributed by MAA will encourage use of transit, bicycles, or walkways to access the concert site. Phasing: These efforts have already been initiated and will be continued. Responsible Party: MAA 1. Pedestrian/Bicycle Ways Description: An enhanced system of routes exclusively designated for use by pedestrians and bicyclists to access the concert area will be implemented. This system will include: o Continued designation of the Lake Avenue pedestrian/bicycle way. E rr._. ()43 � c)1 /?4/92 I—S. 13 Rec EK:667 PG 'r'92 Silvia Davis, F':it_k:in Cnty Clerk, Doc $.i)i o Fourth Street will be closed to automobile traffic from Gillespie Street to Main Street for approximately one hour before and one hour after major concerts. Prior to concerts, the street will be for pedestrian/bicycle use only. After the concerts, it will used for pedestrian/bicycle traffic and for buses leaving the MAA grounds. Allowing buses to use this route after concerts will separate the buses from automobile traffic, thereby decreasing the delay experienced by the buses and thus providing an incentive for using the transit service. This closure will include barricades and appropriate signing at both ends of Fourth Street and will require tem- porary warning signs at each cross street to ensure the safety of pedestrians and bicyclists. Furthermore, the proposed design of the MAA parking lot provides for a continuation of the pedestrianway from Fourth Street to the music tent. o Facilities for bicycle storage during concerts will be pro- vided in the vicinity of the tent. Implementation: It is anticipated that the Fourth Street closure will be implemented during the next concert season. The bicycle storage facilities will be provided with the improvements to the MAA parking lot. Responsible Party: MAA and City. 3. Enhanced Transit Service Description: Transit service to the MAA grounds will continue to be improved and emphasized. This includes elements affecting the city-wide system, circulation through the neighborhood, and on -site operation: o All city-wide RFTA bus routes serving the West End, as well as the special MAA bus runs, will continue to provide service. Enhanced signing and bus service information will be provided at the Rio Grande parking garage to direct patrons to the bus stop on Main Street. o Prior to a scheduled concert, large buses (unless carrying a greater number of passengers than can be accommodated by the circulating shuttle or during inclement weather) will unload all passengers at the intersection of Fourth/Main. Concert goers will then be en- couraged to walk on Fourth Street to the tent or to use the smaller vehicle shuttle which will be circulating on Main, Fifth, Gillespie, and Third Streets. This vehicle will be a compressed natural gas powered vehicle and will operate for approximately one-half to one hour before the concert. Following concerts, buses will stand by on Fourth Street or at the transit stop in the parking lot to transport concert goers back to the center of town. 10 -r' 01 24/92 1.6. j.3 Fiec ;ci, r;!=; Bl::: 667 PG 793 Sil%..ia Davis, F':it_l::in C.:n'--y Merl:, Doc o The MAA parking lot has been designed to provide a location for buses to load and unload passengers while removed from Gillespie Street. This location is on the south end of the parking lot and would allow good clockwise circulation of the buses from Fifth Street into the parking lot and back out onto the street systc m at Fourth and Gillespie. Phasing: It is anticipated that this improved transit service will be provided during the next concert season. The program will be monitored and the service will be adjusted accordingly. Responsible Party: The transit service will be the responsibility of RFTA. The transit improvements in the parking lot will be the responsibility of the MAA. 4. Truck Restrictions Description: Although the number of large vehicle deliveries to the MAA facilities is very limited, it is recommended that all such vehicles will be restricted to using Third Street only between the MAA grounds and Main Street. MAA will enforce this limitation with their vehicle drivers. Phasine. These restrictions will be implemented during the next concert season. Responsible Party: MAA 5. Residential Parking Permit Program Description: A residential parking permit program is still under consideration. This program would prohibit all parking on streets from Mill Street to Eighth Street and from Main Street to the Roaring Fork River other than for residents or their guests during the concert season. The MAA would institute paid parking in their lots in connection with this plan. Permit parking may require issuance of vehicle stickers for a fee, installation of appropriate signage, and City enforcement. Phasine: It is recommended that the residential parking permit program be instituted after the effectiveness of the remainder of the mitigation plan has been evaluated. Because of the significant impacts of such a program on the residents of the West End, further input from the residents should be incorporated into an implementation plan for this program. Responsible Party: MAA, City and West End residents. 11 Fk=?409-_ c !24i92 1.6: 1.7 Fi= �#e(400. Cry? Bl : 667 F'G 79.4 F-it.l::in Cntv C1F�rk:9 Don= $-()(; EXHIBIT C ASPEN MEADOWS SLSDIVISION/S.P.A. ESTIMATE OF PROBABLE CONSTRUCTION COSTS December 5, 1991 This estimate of probable construction costs Is based on preliminary design and represents Leonard Rice Consulting Water Engineers best professional Judgement. It does not, however, constitute a warranty or representation that actual bids will not vary from this estimate no matter how carefully prepared. t Water ; Sanitary I Gas I Electric (Telephone I Cable TV I Mains Sewer I Lines I Lines I Lines 1 1 LOT 1 - PH 1 I $133,000 1 $168,000 } $40,000 1 $95,000 ► $10,000 I $10,000 I LOT 1 - PH IL ` I $67,000 1$131,000 I $17,000 1 $35.000 I $10,000 I $10,000 } -----'------'---------1---- --1 LOT 2 1 PH 11 1 PH II 1 PH II ; PH II 1 PH II ; PH II 1 LOT 3 1 WA 1 $123,000 1 N/A I WA I WA I N/A , ----'--------1--- ---- I I LOT 4 ; WA I N/A I WA ; WA I N/A I N/A I -- LOT 5 _- { PH I I $30,000 I PH I 1 PH I I PH I I PH I I LOT 8 I PH 1 1 $38.000 I PH I I PH 1 I PH I ; PH I I----------{----- {------{ --{------{----__—I-------, { LOT 7 - 10 1 $43,000 ; $40.000 ; $6,000 ; $12,000 { $5,000 I $5,000 I CASTLE CR. LINE ; WA I $230,000 1 WA ; WA 1 WA I WA 1 1 sPFC..l:seise ;a. "C 1a.!!!3 al _ _sl .......... TOTAL 1 $243,000 1 $780,000 1 563I ,000 I $142,000 $25,000 1 $25,000 1 , �.... .. .... ____-;=��a PH I - Infrastructure Installation generally defined as west of the existing 18" water line. PH 11 - Infrastructure Installatlon.generally defined as east of the existing 18" water line. OAM HUGHES & MEZEVVICH PC Third Floor. Aspcn Plaza Building 533 East Hopkins Aspcm Colorado 81611 z. _,L 4/`/ L,;:1u l.;a i rCii:i,(it_i I_; . 667 F'__ 795 t':1 r-r k Doi_ EXHIBIT "D" EMPLOYEE HOUSING DEDICATION THIS DEDICATION, is made and entered into as of the , 199_, by ("Owner"), with reference to the following: WITNESSETH: day of WHEREAS, Owner is the record owner of the following described real property (the "Property"), to wit: Lot , The Aspen Meadows Subdivision, according to ttie Aspen Meadows Final S.P.A. Development Plan and F,;,.al Subdivision Plat recorded in Book at Page of the Pitkin County, Colorado real property records WHEREAS, pursuant to the provisions of the Development and Subdivision Agreement "The Aspen Meadows" Specially Planned Area recorded in Book at Pages et seq. of the Pitkin County, Colorado real property records, ("Development Agreement") Owner is required at this time to dedicate the Property to specific employee housing restrictions and guidelines; and WHEREAS, Owner desires by this instrument to effect such dedication upon and with respect to the Property. NOW, THEREFORE, pursuant to and as required by the terms of the Development Agreement, Owner hereby declares, covenants and agrees that: 1. The accessory dwelling unit ("Unit") that is situate on the Property shall be and hereby is restricted in terms of use, occupancy, and rental exclusively to low income employee housing use, occupancy, and rental guidelines and qualifications that may, from time to tine, be in effect, duly adopted, and regularly and uniformly applied by the City of Aspen or its duly constituted employee housing designee ("Housing Authority"). The Unit shall not be condom iniumized, 1. /,24; 916:: 13 R e c: $ 00 E,[::: 667 PG 796 Si.lvi<_t Davis, I'J'A: :in Cnt_y Cler•I•::.. Doc $.i!(-) 2. The Owner of the Property shall be responsible for leasing the Unit to qualified residents of Pitkin County as determined by the City or, as the case may be, the Housing Authority. Verification of employment and income levels for the individual(s) who occupy the unit shall be completed and filed with the City or the Housing Authority prior to the inception of any tenancy or occupancy. The Owner of the Property shall have the right to select tenants for the Unit provided that, in all cases, such tenants shall be qualified in terms of employment and income level as set forth above. Except for normal hiatuses arising in the ordinary course from the termination of one tenancy and the inception of a new tenancy, the Unit shall at all times be used and occupied for employee housing purposes, as set forth above. Should the Owner of the Property fail to maintain the Unit so occupied, the City or the Housing Authority shall have the right to propose to the Owner of the Property a list of eligible tenants therefor, from which list the Owner shall be obligated to select a tenant(s) for the Unit within thirty (30) days. All leases or occupancy agreements for the Unit shall, at a minimum, be in writing, shall be approved in advance by the City or Housing Authority, shall be for a term no less than six (6) months, and shall adhere to and abide by the employment, income levels and employee housing guidelines set forth above. 3. The dedication and covenants contained herein shall be deemed a burden upon and to run with the title to the Property, shall be binding upon the Owner and its successors and assigns, and upon all other persons or entities having any right, title or interest in or to the Property, or any part thereof, and shall inure to the benefit of and be specifically enforceable by the City of Aspen or the Housing Authority by any appropriate legal action, including injunction, abatement or eviction of non -complying tenancies. 4. Neither this dedication nor any of the covenants contained herein shall be modified, released or waived in any respect except by written instrument executed by both the Owner, at any time, of the Property and the City of Aspen, Colorado, and duly recorded in the Pitkin County, Colorado real property records. i� ;i 314i)93 7 GI/C4/9.^_• 16— 13 Rec BV-" 667 PG 797 Silvia Davis, F'itk:in Cnty Clerl<, Doc IN WITNESS WHEREOF, Owner has made this Dedication as of the day and year first above -written. OWNER: STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 199_, by WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public Approved as to form and content: THE ASPEN PITKIN COUNTY HOUSING AUTHORITY By: sav anaMdoc s\ d ed is ate.02 91 itzgc=�q3r C.1. 16.13 Ftec ,nc) K :: 667 =, 798, i1•ria Davis, Pitl::in Cr-ity i. lerl::, Doc EXHIBIT "E Energy Conservation and Efficiency Measures The applicant is committed to energy -efficient building design and construction standards beyond those required by the Building Code. The applicant's commitments for the residential projects are as follows: (1) Insulation: Thermal resistance values of the building envelopes will exceed criteria mandated by the Energy Code Amendment to the Uniform Building Code. Exterior surfaces of all heated spaces will conform to the following minimum specifications: • Walls: R-26 • Roof. R-38 • Floors (over unheated spaces): R-19 The greatest opportunity for energy conservation occurs in the types of materials specified in the construction of the building envelope. An infiltration barrier wrap such as "Tyvek" will be installed around the entire building exterior which will significantly reduce infiltration. All penetrations of the wrap will be carefully caulked and sealed to further enhance the effectiveness of the barrier. High quality windows and doors with state-of-the-art closures and gasketing methods will be specified throughout. In addition to the exterior barrier wrap and internal bat/rigid insulation, an interior vapor barrier will be provided. This vinyl vapor barrier will not only further decrease infiltration 1:34.i?q ? i=ii ; ':='4!9:' b: 1..=, Fte 4��C;. i)C BI:: 667 PCI 799 • Silvia. Dzavi , Pit:ki.n Cnty Clerk:, Doi:. but will tend to hold interior humidity levels at least 10 to 15 percent higher than exterior levels resulting in a greater degree of occupant comfort at lower room temperatures. All penetrations of the vinyl vapor barrier at windows, doors, wall switches and outlets will be sealed. With the individual units sealed and insulated, an air-to-air heat exchanger will be used to control the indoor air environment while significantly reducing energy losses. Expandable foam insulation will be utilized at all exterior door and window frames to cut down on air infiltration in these locations. (2) Glazing: Skylighting will be encouraged to assist heating by passive solar gain. All of the glazing in this project will be selected with the highest "R" value practical. Glazing located within six feet of the floor will be low "E" type to enhance the warmth radiating between occupant and glazing. The use of low "E" glass will permit a significant improvement in the occupant's sense of comfort because of its effectiveness in reradiating interior warmth. (3) Passive Solar Shading Devices: • Herbert Bayer installed sun screen trellises on the trustee units to protect the South and West exposures from excessive overheating. These same devices will be used on the new Trustee Houses and townhomes to minimize heat gain in the occupied spaces. These will occur on all South and West elevations of both buildings which are not protected by roofs. • Deciduous trees used as shading devices have also been planned for Trustee Houses. (4) Mechanical: All space heating and domestic water heating equipment will be rated with AFUE efficiencies of 90% or greater. All heating distribution ductwork and piping in unheated spaces Fcin %9:=' l.f�e t,i? PI::: 667 F'r BOO Davi�-.y 1=i.t.kin Canty Clerl<:, Doc . ?: will be insulated to a minimum of: R-g Duct insulation; R-3.7 Pipe Insulation; R-6 Insulation on recirculation hot water pipes Programmable set -back thermostats will be used for each heating zone. Outdoor swimming pools and hot tubs, if any, will be provided with insulated covers. (5) Lighting: Both interior and exterior lighting will be specified utilizing the latest in energy efficient bulbs. Whether incandescent or fluorescent, high lumen output/low wattage bulbs will be specified. In addition to using high efficiency bulbs, multiple switching within each space will be designed to closely approximate task lighting based on probable furniture layouts while maintaining sufficient flexibility to focus on task lighting arrangements as the house is occupied. After these efficiencies have been maximized, daylighting will be considered for additional efficiencies. Careful selection and location of glazing materials will permit minimum energy inputs during daylight hours while avoiding the use of shading devices to minimize glare. Any skylights to be utilized will employ high "R" value glazing and will be strategically located to permit maximum natural light penetration into the unit interiors with minimum total glazing area. (6) Building Orientation and Solar Utilization The majority of building units have major view and glass orientation to the South. Special glazing will minimize heat loss during the colder months. Operable windows will provide ample cooling and through -ventilation during the warmer months. (b) Water and Wastewater. (Maximum Z points). Considering the extent to which the proposed development will use water conservation techniques such as water conserving plumbing fixtures or wastewater reuse systems or will A #4.09'i 667 F'r 801 `3ilvia. Davi<._>, P:ii_1-:::i.n Cnty Cler 1.::, Doi - conserve surface water resources through irrigation, sprinkling, ponding and similar site enhancements, and considering whether the applicant dedicates water rights to the City of Aspen. Efficiency in domestic water use will be achieved by utilizing water -efficient shower heads, faucet aerators and flush toilets.. Maximum flow criteria for water -using appliances are as follows: Shower heads 2.5 Gpm Faucet aerators 2.5 Gpm Toilets 2.5 Gallons per flush Over the years, the existing irrigation ditches have been used to water a portion of the lawns and gardens at the Meadows. At other times domestic water has been used because of inadequate maintenance of the ditch system. For instance, domestic water has been used exclusively on the Institute grounds in recent years. The non-profit organizations have agreed that in the future, the lawn and garden areas within their parcels will be maintained with irrigation water. This will assure that treated water is conserved and these water rights are protected. The limited lawn areas of the residential projects will also be irrigated in this fashion if adequate water is available and the water can be efficiently delivered to these sites. (c) Air. (Maximum 2 points). Considering the effect of the proposed development on the City's air quality, including but not limited to whether fewer or cleaner wood -burning devices than allowed by law will be installed; whether existing dirty burning devices will be removed or replaced by cleaner burning devices; whether dust prevention measures are employed on the unpaved areas; and whether any special emission control devices are used. In keeping with Aspen's clean air standards, the 8 wood -burning fireplaces in the existing Trustee Houses will be converted to gas -log fireplaces. It is also anticipated that gas -log fireplaces will be provided in the 14 new residential units, if this can be done in compliance with 1/�'_=F/q2 i.f,, ].3 f F..1-00.C)(_) F.![::'667 F-G 802 Si F .:ia D .,i. , Piti- -::in C.r,ty erF::., Doc C conserve surface water resources through irrigation, sprinkling, ponding and similar site enhancements, and considering whether the applicant dedicates water rights to the City of Aspen. Efficiency in domestic water use will be achieved by utilizing water -efficient shower heads, faucet aerators and flush toilets.. Maximum flow criteria for water -using appliances are as follows: Shower heads 2.5 Gpm Faucet aerators 2.5 Gpm Toilets 2.5 Gallons per flush Over the years, the existing irrigation ditches have been used to water a portion of the lawns and gardens at the Meadows. At other times domestic water has been used because of inadequate maintenance of the ditch system. For instance, domestic water has been used exclusively on the Institute grounds in recent years. The non-profit organizations have agreed that in the future, the lawn and garden areas within their parcels will be maintained with irrigation water. This will assure that treated water is conserved and these water rights are protected. The limited lawn areas of the residential projects will also be irrigated in this fashion if adequate water is available and the water can be efficiently delivered to these sites. 4C)9_5 C:1.:' ?-t/9 1.6: 1.;3 Rec- _)(J. �-)'"' f:: 667 PG 903 AAvia. A - ' Davis, P:it.k:in Cnty Clerk:., Doc- $,C,C) EXHIBIT "F" APPROPRIATE I'ECHNOLW Salur E'n rrgy for Sustainabir Deuelopmeni Mr. Fred Smith, Vice President 3 May 1091 },span. skiing Corporation P. 0. Box 124E Aspen, Cd 91612 Dear Mr. Smith, at many Consultant, I have beon requested by 8acken, Arrigoni. & Rosa, Architvotn to state design goals iri regard to energy affiaiency in the Aspen Meadows project. ftergy efficienoy will be a high priority inthedesign at the lodge units. He Vial andoavor to ex mmlOrmanoe criteria ns f=Awwa Criteria an well as the ayataM n in Chaptex5 4 and 5 raspoatively of t.ba Model Energy Code, 1969 Edition. in order to most our high standards d s qi sr CiOnfor a,dasign► evaluating a n=ber of onergy offiai y inoludirsat ` 1. High performance glazing products *uah as Lo"t and/or Rest. Mirror to minimize beat loss and optimize control of' solar heat gain from glazed areas. 2. super insulation tsohniquQs for walla, roof and floor_ to mi.nimi2Q the building's heating require'senta. 3. A:Lr 7na3cagt reduatioa strategies to minimize uncentrallad infiltration/exfiltration dt air through tha building envelope. 4. Heat racovery ventilation to avoid moisture prr►b.lars oft$n aaaaciatad with tight aonlitruction as wn11 as to provid9 required froth air roquiremants without the atsoCieted heat loss. s. Higgh efficiency halting systems and controls to m&ximize enoM st f f oianoy, ac mf ort and .indoor air gaalitY- a. High Hf £iai.anay Lightih syyatam& to provide high quality light at the lowest operating ang Iita cycle coat. I will provide d.00=ontation ox my itnony analysis Ud rlapsdat:ions for the design, in accordaticm with the provisions o:t the Hodes Energy Code. minoerely; A,vlll ' Kenneth R. Ole -on Bnrrgy Consultant # 340937 O1/_ 4/92 16: 13 Re9" 667 PG' 804 Silvia Davis, Pi.tkin Cnty Cler•I=:. Doc APPROPRIATE TECHNOLOGY ASSOCIATES Solar Energy ,for Sustainable Development Tot Mr. Fred swith, Vice President Aapen Skiing COMPany bir. Kan A-rchuletta Sacken Arigoni. & Roses, Inc. Mr. Stays Kanipa City.of Aspen, Building Dept. VROX, Ken o].eoh, Appropriate WAChnalog'y A8800iatma RE AGPKN IRSTITUTZ, MMOWS LOME DA72 g 2 Augudt 1991 As Energy Consultant, I have providod ongOirsg analysis and rec, a mendations for the •Aspen Meadows Projeot• I have evaluated the final design speeifioations with regard to the building envelope and its compliance with the•Modal. 8nexgy Cod*-. The buildLug envelope for eaah of the saves bUJJAi.%& a are in 0MIJance with the Model. energy Cod&P 1000 sditLa. Code compliance is satisfied as required by saation 502- My a mlysis by Cycle Baction is as follows; 402.1 ' an*M Analysis The buildings'in this project satisfy the requirements of Chapter Five and ara therfore excepted from the ' requirements of Section 402. The requirerents of chapter Six are' applicable only to buildings under s0oo Square feet in floor area ano therfore do not applk to this project. 502.2 Criteria for drov.p it buildings For the pukpose of this Cods,, thaam buiic inga, being raaidarntial in nature and three or legs stories in height are classified Group a, Type A-2. 502,24111 Xilist The U of the Walls was deter ned by E� ati0ri 1 and dv not exceed the valUH Of ' 0.20 Stu/h--ft given in Table 502.2.1 and ens data=innd by Fiquro #1 of Chapter Seven using 10,000 Annual Heati-.Q Dagree-days. Ub values aB determined for each of the buildinga are given in Table l of this rebort. ft. 34i )93 r C> 1 /24 / 92) 16: 13 c 1;4C)0. c n Bk:: 667 PG 805 `3ilvia Davis F'itl•::in Cnt,/ Clerk. Doc 302.261.2 Aaaf: The U. of the Roof was determined bry Equation 2 and doQA not ox000d the Val41e of 0,025 Dtu/h-ftz g van in Table 'SOZ.a.1 and sa daterainad try rigura 02 of Chapter 13even using 10,oao Annual Heating Degree-days. Uo slues as determined for each of the puildings are given in Table i.of this report. 502.2.1.3 Floor over unbeat.ed-spaasst The v of the Floors over u-nheated crawl spaces do not sxaaed the Value of 0.05 Stulh- ft2 givim in Table 502.3. i and a5 datarmined by Fiqurs 06 of Chapter 'Seven u.ai>hg 10, 000 Annual Keating Degrea-days. VA values as determined for each of the buildings are given ir: Table l of this report. 502.9,1-4 Blab -cm -grade fl*arst This Section does not apply as there arQ na slabs--on-grade for heated spaces. 502.2.1.9 creri spas! Wallet This Section does not apply as there are vra►wl `spa;aata below uninsulated floors. 502.2.1.0 Easement walls; The exterior basement walls below uninsulatsd floors in building #6 are . insulated to R-20 (U- 0.05) Which more than satisfies the U- value, of 0.06 raquirsd by Table 502.3.1 and Figure 8 Of Chnptar se -von using 10,000 Annual Heating 6agree--day4. 502,360 Cooling OritsrLai The regvired sta►ndsrda of thin aaetion have ]seen more than satisfied by compliance with prsviaua s100tions. 3os.4 Air LOAUget Marvin windows and doors are specified and have air infiltration rapes which Are loan than the 0.34 afn (per foot of operable sash crack) for windows and o.0 aft (per square foot of area) for doors. #340937 0 1 /'?4 / 9. 16 : 3.3 Rec $4 �i 667 PG 606' Silvia Davis, Pitkin Cnty Clerk, Doc TABLE 1 AMVAL Uo as detarmined tar each buildings CODE BUYLUING REQUIREMENT 191 02 93 * 4 05 #6 #7 WAILS O 0.20 .14 .14 .18 .13 .14 .19 .14 9 5.0 7.1 7.1 S.6 7.7 7.1 5.3 7.1 ROOF U 0.025- .023 -.022 .022 .022 .024 .020 .021. R 40.0 43.5 46.5. 45.5 45.5 41.7 50.0 47.6 MOOR v 0.05 .033 .033 .033 .033 .033 .033 .022 R 20.0 30.0 30.0 30,0 30.0 30.0 30.0 30.0 SL1�8 N/A N/A N/A N/A N/A N/A NIX N/A BASEMENT 0.06 N/A N/A If/A N/A N/A 0.05 N/A #34i?q ; 01/24/92' 16: 1 ec $400.00 Bk:. 667 PG 807 Silvia Davis, Pitk:in •. v Clerk:, Doc $.(-)c>> suppi.maMARY I]iFOMTION Typical 4paue Mali 840tion External Air nix 0.17 '$TO` ?Wryliu Pla^-ter - 1" Phenolic Foam Rigid Insulation 8.00 !s/al' Gyp W. 0.56 6* Fiberglass Batt Insulation 19.0 112" GYP Bd. .*5 interior Air Film 0.68 TOTAL R-value 28.86 27.57 v-valua 0.035 0.036* + Overall U-valu+a adjuntad for 2x framing @ 16" 0-9- Typical Roof section Exterior Air 7114 0.17 Hypsion Hembram - 5/8 plywood Sheathing 0.77 isle Fibsrgla" Batt insulation 47.5 s/s" Gyp Bd. 0.56 Interior Air Film 0.61 TOTAL R-Valus 42.61. 46.74 U'valum 0.020 0.021 * overall U-value adjusted for 2X framing @ 16" ().a - Typical olasing gait specifications for all glazed window and door units aro specified to be supplied with overall U-value of a.286 rR-3.5j. Typical skylight • okvoight Arq specified wto be supplied with maximum overall U-value ,30 spandrel sections Typical Insulated Spandral Sectionar Ara apaci£iGa to ha►vo a xsi.nir.um R-vailue Of 10. i FtE i:_ ` 4i r>i +F:: 667 F'l BoB Davis, Pi.tk:in Canty Cler Doc $,CjI� EXHIBIT "G" , MAA/REHEARSAL PERFORMANCE HALL , 40 ENERGY CONSERVATION DESCRIPTION The new Music Hall will incorporate many energy conserving features. These features should combine to make it one of the most efficient structures of its type. The energy strategies for the building involve both design features and high technology solutions. A. Design 1. Approximately 80-85% of the building's volume will be below grade, a significant and well -proven feature that will lessen the heat load in the winter and cooling in the summer. 2. For acoustic reasons the main hall will be essentially a double wall structure. This will have the effect of creating an unusually effective thermal as well as acoustic barrier. 3. Incorporated will be more standard design features such as air lock entries, reflective roof materials and low emissivity glass. B. Technological 1. We will be using a mechanical engineer as a consultant who is well known for innovative and effective solution to HVAC problems. They will include the latest high efficiency equipment and techniques, such as warm air recovery systems, ultra high efficiency boiler systems, etc. 2. We will design lighting using the latest techniques in high efficiency illumination where ever possible. It is possible that more traditional lighting sources may be required in the main hall to eliminate ballast noise. 3. We will specify low water usage fixtures in the new restrooms. CONCLUSION The new MAA Music Hall will be a state-of-the-art facility in every respect. In addition, we will give high priority to reducing overall operating costs through the incorporation of every appropriate energy conservation technique. May 10, 1991 9.3 1 / 2,4/9,2, 1.6. I ,c $4�?i?. i?ci RfC: 667 f--'G 909 Silvia Davis, Pitkin Cnry Clerk, Doc EXHIBIT "H" March 21, 1991 Ms. Amy Margerum Planning Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Meadows Final SPA: Impact of Construction and Development to Native Vegetation Dear Ms. Margerum: This letter is intended as clarification to Item 26, page 92, in the Aspen Meadows Final Submission Document, in so far as this section addresses the impacts of construction and development on native vegetation on the Aspen Meadows property. The landscape design is illustrated in the Conceptual Planting Plans, L-9 through L-12. They indicate a minimal area of manicured landscape immediately adjacent to, or contained among the buildings. In public areas, new tree planting will be limited to Aspen, Spruce, Pine and Cottonwood trees, which presently exist on the property. Existing trees that will be affected by new development will be relocated on the property to the maximum extent possible. These trees are identified on the Existing Conditions Plans, L-1 through L-4. The intent is to limit the impact on native vegetation by intensely maintaining only the manicured areas and by carefully monitoring construction activities to limit the extent of disturbance. Revegetation of all disturbed areas of native vegetation will occur based on the following guidelines: 1. An appropriate mix for native grasses will be determined by a turf expert who will identify existing native grasses. Disturbed grass areas will be re -seeded with this mix. lric, 16: 1. ri Ff::. 667Doc $ , r_i r_i t Ms. Amy Margerum March 21, 1991 Page Two 2. Native plant materials will be obtained from a nursery such as Native Plants, Inc, in Utah. This nursery has a wide range of native plants including Sagebrush, Willows and Gambel's Oak, all of which are common on the property. The plants are container grown, they come in many sizes and are dependable growers. With proper watering, Sage and Willows grow rapidly. 3. In conditions where slopes exceed 3:1, erosion control materials will be applied, and where necessary slopes will be stabilized through terracing and planting techniques. In all cases, sufficient topsoil will be applied. 4. The first year is the most critical in the establishment of native shrubs and grasses. A temporary irrigation system will be installed to ensure that the ground is kept moist during the first growing season. By following these guidelines which have led to successful revegetation with native materials in previous projects, we feel that the Aspen Meadows property can be maintained as an attractive manmade environment along with a healthy, natural landscape. Sincerely, DESIGN WORKSHOP, INC. Don Ensign. 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U) >4 W r� O a) (1) O •r-I ::5 1J 4-) (A 4-) U) ra a) H 4-) U1 U la O r O rl O +J •r•I p -14 n a O I; a 04 M a fr4 4 U U1 r. U a) (1) O •14 P 04 4-4v O w - O UI a) U a) > tr W a) 04 � U 4-) 04 w r� UI b O r� 4-) U) rI (0 r+ 4-) .-1 3 a Q PQ w M a) ro O - • 4 >v �w I~ p N >SQ O O m a) •'•I I � fa UI 4J - U) U) I~ 4-J U U)-4 (1) O U) U c 0 G r C 4-) —I a) In 4 4-) Z r. r I 04 0•-11-)0 00 (1)O U 3 (0 -P 17 w 04 U M M M P6, cTV6 MEMORANDUM TO: Amy Margerum, Planning Director FROM: Kim Johnson, Planning Office RE: Insubstantial Amendment to Aspen Meadows SPA Approval for Revised Chalet Buildings' Facades DATE: October 9, 1991 SUMMARY: The applicant wishes to amend the Aspen Meadows SPA approval to reflect a change in the window treatment of the Aspen Institute's lodge buildings (Chalets). The change is necessitated to achieve energy conservation. As this redesign is a technical consideration not discovered during the original approval, it qualifies as an insubstantial amendment. Staff recommends approval by the Planning Director. Staff Comments: The Aspen Meadows SPA was approved on June 10, 1991 by the Aspen City Council. During review of the Chalets the buildings were shown to have a facade design of three windows (Attachment "A"). The project architect determined that in order to achieve energy conservation requirements, insulated opaque panels would have to be used for the lower third of the windows. This would cause unsatisfactory blockage of views from the interior of the rooms. By switching to a four window design, proper "R" values and views can be maintained. Please refer to Attachment "B" for proposed window treatment and letter from project architect. Section 24-7-804(E) of the Aspen Municipal Code states that an insubstantial amendment to an approved final development plan may be authorized by the Planning Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. Listed below are criteria for determining what are not insubstantial changes. 1. A change in the use or character of the development. Response: There will be no change in use of the buildings because of the proposed change. The applicant feels that there is no change in the character of the development. Historic Preservation Planner Roxanne Eflin brought the proposal to the Meadows Historic Preservation Sub -committee for their comments. They feel that the change is a "significant character departure" from what was originally reviewed and approved. They recommend a closer study for character compatibility within the Meadows (Attachment "C"). However, staff recognizes that the HPC's role in review of the Chalets was advisory only and cannot require a redesign of the facades. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Response: The coverage will not change because of this amendment. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Response: The proposal will not affect trip generation or demand to public facilities. 4. A reduction by greater than three (3) percent of the approved open space. Response: Open space will not be affected. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. Response: Parking is not affected. 6. A reduction in required pavement widths or rights -of -way for streets and easements. Response: There will be no change to pavement widths or rights - of -way. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Response: not applicable 8. An increase by greater than one (1) percent in the approved residential density of the proposed development. Response: The Meadow's density will not be affected. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. Response: No variations are required because of this request. The proposal is consistent with the basic designs approved within the Meadows SPA. RECOMMENDATION: Staff recommends that the Planning Director approve the insubstantial amendment to the Aspen Meadows SPA Approval for the four panel window design for the Aspen Institute's 2 Chalet buildings. I hereby approve the Insubstantial Amendment for the Aspen Meadows SPA Approval for the Aspen Institute's Chalets window design. my Margerum, Planning Director Date 07mlEm m FM Ell 4rAc#mtvr .• A ♦• -Mmit I b LM OLB.O. JOIN T 119'— 2" ,T.O. PLY Tilo'—O" 1.0. cot floo,- 0" NOTE: TO. CONC SLAB (q) BUILDING 1- 10U-0" = 7857 - - - - - -- ----------- - - - - -- W-mm 0 Im 7m I �- MECH. ROOM BEYOND BUILDING PERMIT'.,,".:1 BACKEN ARRIGONI & ROSS, INC. September 18, 1991 Ms. Amy Margerum Planning Director Aspen/Pitkin County Planning Department Re: Aspen Institute Meadows Lodges Dear Amy: Architecture, Planning &. lnlcriur Design 1060 Bush Street San Francisco, CA 94109 7c1 415 441 4771 VaX.41 S-441.8360 Project Number: 90082 I am writing this to explain our reasons for changing the number of panels in the windows of the Lodges. The best way to understand our intent is to compare elevations in the 28 June 1991 submittal with those in the 29 July 1991 submittal. The primary factor affecting the elevations is energy conservation as embodied in the Colorado Model Energy Code. We have heavily insulated the roof (R-40 to R-50), floors (R-30) and exterior walls (R-23), We have also called for R-3.5 double glazing in the windows, the highest practical level of insulation achievable in a window system without going to exotic and extraordinarily costly argon filled triple glazing systems. Due to the large areas of glazing, even this was not enough. In order to meet code, we have to use opaque insulated spandrel panels in the bottom window panels. These panels must have an R-10 rating to make the overall building envelope conform to code. Making the bottom panel opaque in the original design meant that one third of our formerly completely glazed facades would he obstructed. Interior sightlines for people seated inside the units also would be obstructed. We found that by going to a four panel design, we could comply with the energy code while keeping 75% (as opposed to 66%) of the window systems transparent. The sightline situation was also improved. As regards the balcony design, we. have taken out the edge beam and gone to a precast balcony spanning from fin wall to fin wall. This avoids potential serious differential thermal expansion and contraction problenis with the steel beam as well as the required fireproofing of the steel. While technically possible, the fireproofing would have been difficult to detail and costly, since it would have introduced an entirely new trade on the job. We have positioned and dimensioned the outer edge of the precast balcony to align with the belt course detail introduced into the design at H.P.C.'s request. Principals Senior Vice Presid.ms Vicr President, HOward J Baclen A!A Richard D beard J Richard Graham Mark do Reu, kcnncih R .lung Robert b. Arrigoni AIA Ouj F. Chamhcr, John V Y I" 1i ilbarn F Holland 14arren w. Lew f.dkar Bruce Ros% AIA Ikbi Chunk Paul I. Reynolds David luard James Mitchell Rhin Paul Fisher I hcl,oe this helps to make clear our reasons for going to the four panel design. If you have any questions or need further information please do not hesitate to call. Cordially, BACKEN ARRIGONI &- ROSS, INVC. Ken Archuleta cc: Fred Smith Howard J. Backen Paul T. Reynolds John Lee File end No eeclosuroa rde: lb/2/ 9OWK19.LTR September 18, 1991 Aspen Institute Meadows Lodge Project Number 90062 Page 2 of 2 &4CA11WWr G' MEMORANDUM To: Kim Johnson, Planner cc: Amy Margerum, Planning Director I^ From: Roxanne Eflin, Historic Preservation officer Re: Design changes to Aspen Meadows "Chalet" structures (Amendment to Final (SPA) Development Plan) Date: September 24, 1991 SUMMARY: The Historic Preservation Committee disagrees with the applicant's statement that the proposed design changes on the Chalet buildings constitute no change in the character of the development. The Meadows Sub -Committee feels that the amended proposal is a significant character departure from what the HPC had originally reviewed and approved. The applicant was asked to appear before the HPC to fully present the revisions, however, came unprepared to do so at the August 28 meeting. The HPC is, therefore, not in a position to recommend that the Planning Office approve the request to amend the Final (SPA) Development Plan as proposed. BACKGROUND AND PROBLEM DISCUSSION: The principal change consists of a window redesign, from three -panes to four, on all seven structures. The streamlined, Bauhaus character (which architecturally defines the Meadows) has not been respected with the profusion of smaller pane windows. The applicant argues the window redesign was necessary due to energy efficiency; the HPC offered the applicant information on window sources that would accomplish both their energy needs and protect the important design issues associated with the larger (3-pane) windows. To our knowledge, the applicant has not looked into this material substitution. Staff, the Meadows Sub -Committee and the HPC all feel the amended plans warrant a closer study for character compatibility within the Meadows parcel. memo.meadows.chalet.amend NEW SUPERINSULATING WINDOWS Residential windows with an R-valtie of 6 to 8 (measured at the center of the glass) are now readily available. (Custom-made windows are available with even better insulating qualities.) Superinsulating windows will actually gain more heat than they lose — even on the north side of the home. In fact, an R-6 "superinsulating window" can outperform an R-19 insulated wall because of the solar heat gain in most climates; R-7 does this in virtually any climate. While the best commercially available superinsulated windows cost about 40% more than ordinary double -paned units, this additional investment is well worth it. (Windows in the R-4 range are either the same price as R-1.7 double glazing or only nominally more expensive). In addition to saving energy, you'll feel more comfortable sitting next to one of these windows because you won't be radiating heat to a cold window surface. Nor will you have the condensation and frosting problems associated with ordinary windows — superinsulated windows allow you to see the stars clearly when it's a bone -chilling forty below outside. How do they work? First, one or more invisibly clear, spectrally -selective metallic coatings reflect away unwanted heat and conversely, trap desired radiant heat within a building. (The coating serves the same purpose as the foil facing on insulation. Windows with this coating are referred to as "low -emissivity" or just "low-E.") Second, these "superwindows" are often filled with heavier-than-air gases, such as argon or krypton, which insulate better than air. When choosing a new window, ask for the R-value for the entire unit, including the frame. The "center of glass" R-value is significantly higher than the R-value for the entire unit. Some superinsulated windows, like Hurd's InSol-8' , have a thermal break to keep heat from conducting through the metal spacer at the edge of the glass. It is also important to have thermal breaks in the aluminum frame or sash which supports the window. FOR MORE INFORMATION ON SUPERINSULATED WINDOWS Look in your Yellow Pages under "Windows." A couple of manufacturers of "superwindows" are HURD MILLWORK. 575 S. Whelen Ave., Medford WI54451, (715) 748-2011, and ALPEN. 5400 Spine Rd, Boulder CO 80301, (303)530-1150. M MEMORANDUM To: Kim Johnson, Planner cc: Amy Margerum, Planning Director From: Roxanne Eflin, Historic Preservation Officerr Re: Design changes to Aspen Meadows "Chalet" structures (Amendment to Final (SPA) Development Plan) Date: September 24, 1991 SUMMARY: The Historic Preservation Committee disagrees with the applicant's statement that the proposed design changes on the Chalet buildings constitute no change in the character of the development. The Meadows Sub -Committee feels that the amended proposal is a significant character departure from what the HPC had originally reviewed and approved. The applicant was asked to appear before the HPC to fully present the revisions, however, came unprepared to do so at the August 28 meeting. The HPC is, therefore, not in a position to recommend that the Planning Office approve the request to amend the Final (SPA) Development Plan as proposed. BACKGROUND AND PROBLEM DISCUSSION: The principal change consists of a window redesign, from three -panes to four, on all seven structures. The streamlined, Bauhaus character (which architecturally defines the Meadows) has not been respected with the profusion of smaller pane windows. The applicant argues the window redesign was necessary due to energy efficiency; the HPC offered the applicant information on window sources that would accomplish both their energy needs and protect the important design issues associated with the larger (3-pane) windows. To our knowledge, the applicant has not looked into this material substitution. Staff, the Meadows Sub -Committee and the HPC all feel the amended plans warrant a closer study for character compatibility within the Meadows parcel. memo.meadows.chalet.amend Joseph WellsSEP Z o Joseph Wells, AICP Land Planning and Design September 20, 1991 Ms. Amy Margerum Planning Director 130 South Galena Aspen/Pitkin Planning Office Dear Amy: As we have discussed with staff, some changes have been made in the detailing of the elevations of the AIHS lodge buildings subsequent to Final SPA Development Plan approval; these modifications are illustrated on the Plat submittal drawings dated 29 July 1991. The drawings are numbered A3.1 through A3.7 in the lower right-hand corner. Ken Archuleta of Backen Arrigoni, & Ross, Inc., architects for the AIHS facilities, has prepared the attached letter to you explaining why these changes are necessary. Because the changes result from technical or engineering considerations discovered during the preparation of the actual construction documents following final approval, I am writing to request your approval of these minor revisions under the provisions of Section 7-804(E) of the Land -Use regulations, Amendment to Final (SPA) Development Plan. These changes are eligible for your approval as insubstantial amendments; they do not fall within any of the criteria which may not be considered as insubstantial amendments, as follows: 1a. The changes do not constitute a change in the use or character of the development. lb. The changes do not result in an increase by greater than three (3%) percent in the overall coverage of structures on the land. (There is no increase in coverage.) 1c. The changes do not substantially increase trip generation rates of the proposed development, or the demand for public facilities. (There is no increase in trip generation or demand for public facilities.) 130 Midland Park Place, Number F2 Aspen, Colorado 81611 Telephone (303) 925-8080 Facsimile (303) 925-8275 Ms. Amy Margerum September 20, 1991 Page Two 1d. The changes do not cause a reduction by greater than three (3%) percent of the approved open space. (There is no reduction in open space.) le. The changes do not result in a reduction by greater than one 0%) percent of the off-street parking and loading space. (Off- street parking and loading is unaffected.) 1f. The changes do not result in a reduction in required pavement widths or rights -of -way for streets and easements. lg. The changes do not result in an increase of greater than two (2%) percent in the approved gross leasable floor area of commercial buildings. (Floor area is unaffected.) 1 h. The changes do not result in an increase by greater than one (1%) percent in the approved residential density of the proposed development. (Density is unaffected.) 1i. The changes are not inconsistent with a condition or representation of the project's original approval or require granting of a further variation from the project's approved use or dimensional requirements. Please let me know at your earliest convenience if you need additional information regarding these changes. Thank you for your assistance in this matter. Joseph Wells, AICP November 12, 1993 John Keleher Construction Coordinator ASPEN •PITKIN Music Associates of Aspen PLANNING & ZONING DEPARTMENT RE: Recycled Asphalt Material for MAA Parking Lot Dear John, Thank you for your letter of October 6 describing the material that is being considered for the surface of the revamped parking lot. As I had mentioned to you over the phone in mid October, both Streets Supervisor Jack Reid and Assistant Parks Supervisor Rebecca Baker felt that recycled asphalt was a suitable material given their knowledge of its limited use locally. Jack did suggest that the top 2 inches of the surface be' compacted, and an asphalt emulsion binder (11MC30" was mentioned) be applied on the top. Please let me know when I can come to 'the site to see the finished product so I can familiarize myself with it. Sincerely, A- --,� - Kim Johnson Planner 130 SOUTH GALENA STREET" • ASPEN, COLORADO 81611 • PHONE 303.920.5090 • F= 303.929.5197 Pnnhtl un —61 par'! KELEHEP , I P1C . - P . O . BO`<; 24 1 - ASPEN , COLOP"' DO 21 5 i - - 24 1 j obs i to 303-525-426? c-f f ice 1.) --) 5-5825 oc t�:'ber ,, 1 7 —1 To: 1sim Johnson City of aspen Planning Department From: John Keleher Construction Coordinator Music Associates of Aspen `�e: MAA parking lot at Srd and Gillespie Streets r, r ,l' 1 6 �- Per our conversation of October `th, I am writing you to suggest that the referenced parking lot be surfaced with recycled asphalt. I am fully aware of the concern of the community that this lot not lock like the typical paved lot found in big city commercial shopping centers. It is my understanding that the SPA agreeement specifies that the lot shall be surfaced i:jith read base and a dust control treatment applied on a. regular basis. Typicall;:, this requires spraying the surface of the lot with magnesium chloride annually. Elam Construction has suggested using recycled asphalt, which is exactly what the name implies. After demolition of a street or parking 1t, the material is crushed at their plant and used in situations where a papaing treatment is either not required or k;,=anted, but the use of this recycled material gives a. better, longer lasting surface than road base. It has the added advantage, because some of the original binder is =_.till in the material, of not requiring a regular treatment with chemicals to hold down the dust which, aside from the expense, is harmful to the surrounding vegetation. It also a', lows surface water to percolate through the material. The recyc1ed asphalt may be laid down idith a paving machine, or, spread v)ith a grader and compacted t:aith a. roller, both applications similar to pawing 1:aork. After the original placement, the lot is ea=_ier to maintain, and if so desired, chipsealed at a later date. I beIieve there are several benefit_ in using this material in lieu of road base. It should be noted that the cost of either material is the same. The CMC/A=_.pen High School lot- on the west side of the high school along Maroon Creek Road is one-half recycled asphalt and one-half road base with gravel. The current construction schedule at the MAA lot call for paving sometime during the middle part of October. Please ^i.e me a. call if you have any questions. ' V4elk o 2,. 6A CMc 0) �Vwj MESSAGE DISPLAY TO Kim Johnson From: Amy Margerum Postmark: Jul 14,93 2:34 PM Status: Previously read Subject: Reply to a reply: Meadows dust again ------------------------------------------------------------------------------ Reply text: From Amy Margerum: Thanks. Preceding message: From Kim Johnson: I checked various documents and found specific reference in the P&Z reso approving Special Review for parking in the Academic zone which states "The MAA lot shall remain unpaved but dust control measures must be approved by Environmental Health prior to building permit for the rehearsal facility." I assume that if ongoing dust violations occur, they might be forced back to P&Z to review their approval. We may want to consider paving... From Lee Cassin: I already talked to Ed - they have the MgC12 scheduled for application Monday the 19th. I ran into George Vicenzi last night & told him the same - he was satisfied & I told him I knew I'd hear from him if it didn't get done by 5 pm Fri. I always heard the city didn't LET them pave the lot because we want it to look rural. Ed told me that as well. From Amy Margerum: Lee: can you call Ed and ask him to do it soon... evidently the dust over there is real bad DUE to the construction, therefore if anything they should apply the dust suppressant during the construction and as soon as possible. Also, Kim: are they supposed to pave it eventually? I can't remember... Thanks!!! From Lee Cassin: Yes, they do have a fugitive dust control plan - I talked to Ed Sweeney about a month ago & they were going to apply the dust ASPEN SKIING COMPANY SNOWMASS • T IEHACK/BUTTERMILK ASPEN MOUNTAIN T IE LITTLE NELL • THE SNOWMASS LODGE & CLUB • ASPEN INSTITUTE, ASPEN MEADOWS May 19, 1993 Ms. Amy Margerum CO Association of Ski Towns City of Aspen Aspen, CO 81611 Dear Amy, RECEIVED MAY 2 o IC23 City Maf,ager/Mayor's Office We are delighted to announce that Aspen's oldest and most prestigious Institution is opening Colorado's newest conference center, The Aspen Institute, Aspen Meadows on .Tune 1, 1993. Aspen's unique position as a cultural. center owes much to the distinguished tradition of The Aspen Institute. For over forty years, leaders from the worlds of business, government, the arts and academia have convened at The Aspen Institute's Aspen Campus. An institution committed to exploring values at the root of our society, The Aspen Institute has high inspirations for bringing together individuals with the ability to influence change. These goals have guided The Insti.t.ute's development for the past four decades. Today, after a complete renovation of the 40-acre campus, inspired by the colorful art and architecture of the Bauhaus era, this former "summer only" facility will operate as a conference facility on a year-round basis and will open its doors to the public for the first time. Aspen Skiing Company, which owns and operates The Little Nell and The Snowmass Lodge & Club will operate The Aspen Meadows. For more information, simply fill out and return the enclosed card or feel free to call our hotel sales office at (303) 925-1220. Sincerely, d~u, "-sult" Anneke Scholten Director of Sales ASPEN SKIING COMPANY • POST OFFICE BOX 1248 • ASPEN, COLORADO 81612 800-525-6200 • 303-925-1220 • FAx 303-925-9024 GIDEON I. KAUFMAN HAND -DELIVERED LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE. SUITE 305 ASPEN. COLORADO 81611 May 13, 1993 Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Park Dedication Impact Fees - The Aspen Institute, Inc., Aspen Meadows Dear Kim: TELEPHONE AREA CODE 303 925-8166 TELEFAX 925-1090 a, I have been asked to address the issues of park development impact fees as they relate to The Aspen Institute and Aspen Meadows development. We have always believed that the park development impact fees were waived, since the City Council made a specific finding that the development was for essential community facilities. We requested that City Council make the finding that the proposed development by the non-profit organizations qualified for an exemption from the GMQS as essential community facilities, and the City Council made those findings quite clearly. Sections 8 and 9 of Ordinance No. 14, concerning the 50 lodge rooms, health club expansion, and tennis shop expansion, specifically granted exemptions from the GMQS as essential community facilities. Park development impact fees have not been assessed upon development of essential community facilities. In fact, Section 5-602(C) of the Aspen Municipal Code specifically exempts development of essential community facilities from the payment of park development impact fees. I look forward to discussing this matter with you, if necessary. Otherwise, hopefully you or Diane can confirm to Bill Dreuding that we are, in fact, exempt from park development impact fees. The effect of these fees on an already tight budget for the non-profit organizations would be a real problem. Please contact me at your earliest convenience. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C. a Profppsional Corporation By _Z��c eon Kaufman GK/bw MESSAGE DISPLAY TO Kim Johnson CC Bill Drueding From: Diane Moore Postmark: Jul 29,92 9:18 AM Status: Previously read Subject: Reply to: MAA bldg. permit ------------------------------------------------------------------------------ Reply text: From Diane Moore: Kim , I agree with you that Bill should continue his review and not hold it up but permits not issued until financial assurances are in place. Bill, please keep me informed of any other potential delays. Thanks Preceding message: From Kim Johnson: I reviewed the Meadows SPA Agreement which states that fiancial assurances for utilities and landscaping must be in place prior to issuance of a building permit. I informed Alan Gass of this and he will contact MAA. In the meantime, I don't think its a bad idea to let Bill finish his Zoning plan review and forward it along - as long as the permit doesn't get issued until the City (Jed?) approves the required financial assurances. Any problems with this ? Please let me know if so, the MAA is getting behind and wants to keep things rolling if possible. Thanks.