HomeMy WebLinkAboutcoa.lu.sp.Aspen Meadows Lots7-10CA
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CASE STATUS SHEET
Case No. 2� f) ��6 &:L- -�,
Representative's
Representative's Phone: q zj— - 3 a
Fax:
DATE ACTION OR ACTIVITY
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RONALD GARFIELD*
ANDREW V. HECHT**
MICHAEL J. HERRON***
DAVID L. LENYO
MATTHEW C. FERGUSON*
KRISTI S. FERRARO****
-also admitted to
New York Bar
*"also admitted to
District of Columbia Bar
***also admitted to
Florida Bar
""also admitted to
Pennsylvania Bar
(GARFIELD & HECHT9 P.C.
HAND DELIVERED
John P. Worcester, Esq.
City of Aspen, City Attorney
130 South Galena St.
Aspen, CO 81611
ATTORNEYS AT LAW
E-mail: atty@garfieldhecht.com
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
(970)925-1936
TELECOPIER
(970)925-3008
110 MIDLAND AVENUE
SUITE 201
BASALT, COLORADO 81621
TELEPHONE
September 14, 1998 (TELECOPIER
RECEIVED (970) 927-1783
S E P 1 4 1998
f-._.-.-. - .,.; 1
COMMUNITY DEVELOPMENT
Re: Lots 7, 8, 9 and 10, Aspen Meadows Subdivision
Dear John:
In connection with the above -referenced property, enclosed you will find the
following:
A. The Aspen Meadows SPA Agreement recorded in Book 667 at Page
731. Please note that only pages 31 through 42 affect the above Property.
B. Ordinance No. 14, Series of 1991.
C. Ordinance No. 22, Series of 1994.
D. Declaration of Covenants with architectural guidelines attached.
A copy of this letter and the enclosures are simultaneously being delivered to
Stan Clausen, the City Planning Director.
The purpose of this letter is sent to confirm that the enclosed Covenants satisfy
the requirements of the provision of the SPA contained on page 30 being Subsection
G of Section 2. 1 did not find any reference to Covenants in Ordinance 14 or
Ordinance 22.
® Printed on recycled paper
GARFIELD & BECHT, P.G.
John P. Worcester, Esq.
September 14, 1998
Page 2
My client's due diligence review period expires on the 23" and it would be
greatly appreciated if you could sign the enclosed copy of this letter prior to that date
which will indicate that the Covenants meet the requirements of all applicable
Ordinances and the SPA.
thank you for your consideration.
Should you have any questions, please feel free to contact me.
Very truly yours,
Michael J. Herron
The undersigned on behalf of the City of Aspen acknowledges that the enclosed
Covenants satisfy the requirements of the Ordinances and the SPA.
John P. Worcester, City Attorney
Enclosures
MJ H/ns
cc: Mr. Stan Clausen (via hand delivery w/encls.)
MAnschmidt\wp60\0M)H\Aspen Rose\worcescedtr
0
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
CREATING DESIGN REVIEW BOARD FOR
COUNTRY MEADOWS LOTS
This DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS CREATING DESIGN REVIEW BOARD FOR COUNTRY
MEADOWS LOTS ("Agreement") is made this day of October, 1998, by
MEDICINE BOW EQUITY VENTURE, LLC, a Colorado Limited Liability Company
(the "Declarant"), with reference to the following:
WITNESSETH
Declarant is the owner of the real property known as Lots 7, 8, 9 and 10
(collectively, the "Lots"), The Aspen Meadows Subdivision according to the First
Amended Plat thereof (the "Subdivision Plat") recorded in Plat Book 28 at Page 5 of
the Pitkin County, Colorado Real Property Records (the "Records"). The Lots form
a portion of The Aspen Meadows Subdivision, which was approved for a variety of
land use activities by the City of Aspen through its adoption of Ordinance No.14
Series of 1991 ("Ordinance 14") recorded in Book 762 at Page 81 1, et seq. of the
Records. In addition, the Lots are restricted by the terms of the "Aspen Meadows
SPA Agreement" recorded in Book 667 at Page 731 and the amendment thereto
recorded in Book 793 at Page 755 ("Development Plan"). Declarant intends by the
publication of these conditions, covenants and restrictions to impose upon the Lots
mutually beneficial restrictions create and to a design review board for the Lots in
conformity with the Subdivision Plat, Ordinance 14 and the Development Plan.
NOW THEREFORE, Declarant hereby declares that the Lots, and each of them,
shall be held, sold and conveyed subject to the following conditions, covenants and
restrictions, which are for the purpose of protecting the values and desirability of and
which shall run with the Lots, and each of them, binding on an parties having any right,
title or interest in any of the Lots or any part thereof, their heirs, successors, successors
in title and assigns, and shall inure to the benefit of each Lot, and each owner thereof,
to wit:
ARTICLE 1
THE COUNTRY MEADOWS UNINCORPORATED ASSOCIATION
1. Unincorporated Association. The Members who shall be the owners from
time to time of the Lots (which includes Declarant for as long as it owns any of the
Lots) shall constitute an unincorporated association for the sole purpose of operating
and maintaining a Design Review Board ("D.R.B.") in accordance with the provisions
of this Agreement and enforcing the provisions of this Agreement.
2. Membership. Every person or entity (including Declarant) who is the
record owner of a fee or undivided fee interest in any Lot shall be deemed a Member.
Membership shall be automatic upon the recording of any document transferring a
legal or equitable interest in a Lot and shall be appurtenant to and may not be
separated from such ownership. The foregoing is not intended to include persons who
hold an interest in a Lot merely as security for the performance of any obligation, and
the giving of a security interest shall not terminate the owner's membership. The
D.R.B. shall function through the Members. No owner, whether one or more persons,
shall have more than one membership per Lot owned. In the event of multiple owners
of a Lot, the owners thereof shall agree among themselves on which of them is (a) to
sit on the D.R.B and (b) to cast the right to vote appurtenant to that Lot. The rights
and privileges of membership in the D.R.B. including the right to vote, may be
exercised by either a Member or the Member's spouse but, in no event shall more than
one vote be cast for each Lot. The Declarant shall be entitled to one vote for each Lot
that it owns. In addition, a Member can designate an architectural representative to
serve on the D.R.B.
3. Purpose. The D.R.B. shall through the Members insure that the Lots and
the activities of the several owners thereof adhere to the terms, conditions, provisions
and restrictions of Ordinance 14, the Subdivision Plat and the Development Plan. To
these ends, the D.R.B. shall have the authority to make and enforce reasonable rules
and regulations concerning construction activities on and the use and enjoyment of the
Lots. Sanctions for violations of such rules and regulations may include monetary fines
which shall constitute a lien upon the Lot of the offending owner and suspension of the
right to vote as a member of the D.R.B. In addition the Association shall have the
power to seek all appropriate relief in any court for violations of any rules and
regulations of this Agreement or to abate unreasonable disturbances. In any such
proceedings the D.R.B. shall be entitled to its costs and reasonable attorneys fees as a
part of any judgment entered.
ARTICLE 11
DESIGN REVIEW BOARD
l . Membership. The D.R.B. shall be composed of each owner of a Lot or
his or her designated architectural representative plus one member to be designated
by the City of Aspen Historical Preservation Commission. The fact that a Member's
Lot (including Declarant) is being considered for approval by the D.R.B. shall not
preclude that Member (including Declarant) from participating in the D.R.B. The
D.R.B. shall have five (5) votes, four (4) belonging to the owners of the Lots
(including Declarant) and one (1) belonging to a Member designated by the City of
Aspen Historical Preservation Committee. Decisions of the D.R.B. shall require three
out of five votes.
2. Approval by the Design and Review Board. No change whatsoever to the
then existing state or condition of any Lot and no improvements of any kind, including
dwelling units, garages, accessory buildings, swimming pools, tennis courts, ponds,
parking areas, fences, walls, driveways, antennae, curbs and walks, shall be effected,
erected, altered or permitted to remain on any Lot, and no excavation, tree cutting
and clearing or landscaping in conjunction therewith shall be done unless the complete
architectural plans and specifications and a site plan showing the location and
orientation thereof for such erection or alteration and landscaping are approved by the
D.R.B. prior to the commencement of such work. At least three complete sets of the
architectural and site development plans and specifications shall be submitted to the
D.R.B., along with the complete list of all exterior materials and colors to be used. All
copies of the plans and specifications shall be signed for identification by the owner or
the owner's architect. The D.R.B. shall have the right to request whatever additional
specific information, plans, specifications, reports and the like it deems necessary to
evaluate the development proposal throughout the approval and construction process.
In addition, the D.R.B may adopt rules and regulations which shall specify what
information, reports, plans, specifications and the like are required to be submitted to
it. In the event the D.R.B. fails to take any action within 30 days after a full submission
(as defined above) has been made to it by an owner then all activities contemplated
by such submission shall be deemed to be approved by the D.R.B.; provided however
that no such approval arising from the inaction of the D.R.B may conflict with any City
of Aspen building regulations or restrictions affecting the Lots by virtue of Ordinance
14, the Subdivision Plat or the Development Plan. The D.R.B. shall not unreasonably
disapprove any submission made to it. Accept as otherwise above -provided, the
majority vote of the members of the D.R.B. shall be required for the approval of any
submission.
3. Building Permit. An owner may apply for a building permit from the City
of Aspen building department at any time following D.R.B. approval of such owner's
submission provided that the plans approved by the building department shall not
differ in any substantial way from the plans approved by the D.R.B. If the plans
approved by the building department do differ in any substantial way as determined
by the D.R.B. from the plans approved by it, then all approvals of the D.R.B. shall be
deemed automatically revoked.
4. General Requirements. The D.R.B. shall exercise its best judgment to see
that all improvements, construction, landscaping and alterations on and of any of the
Lots harmonize with the surroundings and with other structures as to design, materials,
color, sitting, height and other design features. The D.R.B. shall protect the seclusion
and view of each Lot insofar as is possible and shall endeavor to protect and preserve
the visual character of the property. In its review of any proposed development activity
the D.R.B. shall evaluate the materials to be used on the outside of buildings or
structures, including exterior colors, harmony of architectural design with other
neighboring structures, location with respect topography and finish grade and harmony
of landscaping with the natural setting and native trees and other native vegetation.
5. Review Standards. In rendering any decision, the D.R.B. shall, to the
extent not inconsistent with Ordinance 14, the Subdivision Plat or the Development
Plan, be primarily (but not exclusively) guided by the Building and Architectural
Guidelines for the Country Meadows Lots (the "Architectural Guidelines") hereto
annexed as Exhibit A.
6. Preliminary Approvals. Lot owners who anticipate constructing
improvements on their property may submit preliminary sketches of such
improvements to the D.R.B. for informal and preliminary approval or disapproval. All
preliminary sketches shall be submitted in at least three sets, and should contain
sufficient general information of those matters required to be in the complete
architectural and site development plans and specifications to allow the D.R.B. to act
intelligently on giving an informed preliminary approval or disapproval. The D.R.B.
shall never be finally committed or bound by any preliminary or informal approval or
disapproval until such time as complete architectural and site development plans,
specifications, materials and colors are submitted and approved or disapproved. The
preliminary approval is offered as an accommodation only, and the D.R.B. may set fees
for this service.
7. Incomplete Architectural and Site Development Plans. The D.R.B. shall
disapprove any architectural and site development plans submitted to it which do not
c6ntain sufficient information for the D.R.B. to exercise the judgment required of it
by this Declaration.
8. Design Review Board Not Liable. The D.R.B. shall not be liable for
damages to any person or association submitting any plans for approval, or to any
owner or owners of Lots. by reason of any action, failure to act, approval or
disapproval with regard to such plans. The D.R.B. shall have no liability or
responsibility for any representations made to any owner or prospective owner by any
third parties. The decisions of the D.R.B. shall be governed by this Declaration and any
rules or regulations duly adopted by the D.R.B. pursuant hereto.
9. Written Records. The D.R.B. shall keep and safeguard for at least five
years next following its decision on a given submission complete permanent written
records of all approved submissions, including one set of the finally approved
architectural and site development plans and of all actions of approval or disapproval
and all other formal actions taken by it under the provisions of this Declaration.
10. Authority To Promulgate Rules and Regulations. The D.R.B. may
promulgate and adopt rules and regulations necessary to implement this Declaration.
These rules and regulations may include submission requirements concerning the type
of information, reports, plans and specifications and the like which need to be
submitted with any application, general guidelines governing the development of the
Lots, sites specific limitations or restrictions for each Lot, and payment of reasonable
fees for processing and reviewing the submission. These rules and regulations need not
necessarily be uniform for each Lot and shall take into account the unique character
of each Lot in the Building Envelope therefor as described in Article IV below.
ARTICLE 111
GENERAL REQUIREMENTS AND RESTRICTIONS
1. Permitted Uses. Each of the Lots shall only be developed with a single
family residence together with such associated building or facilities as are not
inconsistent with the applicable underlying zoning district in which the Lots are situate,
Ordinance 14, the Subdivision Plat or the Development Plan.
2. Employee Dwelling Unit. Except to the extent the City of Aspen may
have accepted or agreed to accept a cash in lieu dedication in the place stead of an
employee dwelling unit (as described in the Development Plan), as provision is therefor
made in the Development Plan, each of the four single family residences to be
constructed on the Lots shall include an employee dwelling unit for purposes of
employee housing. Each such dwelling unit shall contain 500 net livable square feet [as
defined in the Aspen-Pitkin County Affordable Housing Guidelines ("Housing
Guidelines)], shall be entirely above grade and shall otherwise meet all standards of
acceptance by the Aspen - Pitkin County Housing Authority ("Housing Authority")
then in effect, provided and to the extent such standards are uniformly and regularly
applied throughout the greater Aspen area. Each such dwelling unit shall be used and
occupied by individuals meeting the low-income price and occupancy rental profile of
the Housing Guidelines; provided, always, that the owner of the Lot shall have the
right to select and designate the occupant(s) of the dwelling unit who may be a
caretaker of and for such owner, so long as the occupant(s) meets the applicable
eligibility guidelines from time to time in effect and regularly and uniformly applied and
adhered to in the greater Aspen area for low income rental housing.
3. No Further Subdivision. No Lot shall ever be further subdivided into
smaller Lots or conveyed or encumbered in any less than the full dimensions as shown
on the Subdivision Plat; provided, however, conveyances or dedications of easements
for utilities may be made for less than all of one Lot. Notwithstanding the foregoing,
a Lot line adjustment between two adjoining Lots shall be deemed a permitted
subdivision, subject however to any reviews or approvals that may be required by the
Land Use Regulations of the City of Aspen ("Land Use Code") and the D.R.B.
4. Domestic Animals. Domestic animals shall be permitted within and about
the Lots subject to any rules and regulations which may be promulgated by the
Association; provided, however, that no tenant of any owner of a Lot may have dogs.
At no time shall dogs be permitted to run free. There shall be no farm animals
permitted within and about the Lots. Notwithstanding the foregoing, no animal may
be kept within a Lot or in any residence thereon which, in the good faith judgement
of the Association, results in any annoyance or is obnoxious to residents in the vicinity.
5. Noxious or Offensive Activity or Sounds. No noxious or offensive activity
or sounds shall be carried on upon any portion of any Lot at anytime nor shall anything
be done or permitted to be done which may be or become a nuisance to other
property or to the owners thereof by sight or sound.
6. Firearms. The discharge or shooting of firearms from or within any Lot
is prohibited, except as may otherwise be permitted by rules and regulations adopted
by the Association and, in all events, subject to the laws of the City of Aspen.
7. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling,
excavating or drilling for any other substances within the earth, including oil, gas,
minerals, gravel, sand, rock and earth, shall not be permitted on any Lot. Individual
water wells shall not be permitted on any Lot.
8. Enclosure of Unsightly Facilities and Equipment. All unsightly structures,
facilities, equipment and other items, including but not limited to those specified
below, shall be enclosed within a solid, covered structure. Any motor home, trailer,
boat, truck, tractor, snow removal or garden equipment, and any similar items shall be
kept at all times, except when in actual use, in an enclosed garage. Any refuse or trash
containers, utility meters or other facilities, service area or storage pile shall be
enclosed within a structure or appropriately screened from view by planting or fencing
approved by the D.R.B. and adequate to conceal the same from neighbors, streets and
private roads. No lumber, metals, boat materials, scrap, refuse or trash shall be kept,
stored or allowed to accumulate on any Lot except building materials during the course
of construction and only for such reasonable periods of time as is necessary prior to
the collection of or disposal thereof.
9. Adherence to City Counsel Approvals. Notwithstanding what might
otherwise be permitted by virtue of this Declaration or the approval by the D.R.B. of
any submission for permission to change the then existing state or condition of any Lot,
all owners of Lots, and all Lots, shall conform and adhere absolutely to any applicable
requirements, conditions, or restrictions set forth in Ordinance 14, the Subdivision
Plat, or the Development Plan, except to the extent variance therefrom is sought and
obtained in the manner provided by law.
ARTICLE IV
CONSTRUCTION RESTRICTIONS
1. Building Envelopes. All building improvements constructed on any Lot
shall be constructed wholly within the designated Building Envelopes shown on the
Subdivision Plat and in the Architectural Guidelines.
2. Number and Location of Buildings. No buildings or other physical usage
of any Lot shall be placed, erected, altered or permitted to carry on or remain on any
Lots except as approved by the D.R.B.
3. Soils Testing. Site specific soils testing for design and engineering of
driveways and structures shall be done for all Lots before construction activities
commence.
4. Used or Temporary Structures. No used or previously erected or
temporary house structure, mobile home or trailer is permitted on any Lot. This
prohibition, however, shall not apply to construction trailers which shall be permitted
on a given Lot in connection with lawful construction activities thereon, and for the
time period elsewhere provided in this Declaration.
5. Underground Utility Lines. With respect to new construction on any Lot
or the extension of any utilities all water, sewer, gas, electrical, telephone, cable
television and other utility pipes or lines serving any Lot shall be buried underground
and shall not be carried on overhead poles or above the surface of the ground. Any
areas of natural vegetation or terrain disturbed by the bearing of any utility lines shall
be revegetated by and at the expense of the owner causing the installation of the utility
lines no later than the next growing season following installation.
6. Service Yards and Equipment Storage. Equipment, service yards or a
storage piles on any Lots may be permitted with D.R.B. approval, only during
construction.
7. Road Damage. Each owner is responsible for any damage caused to
private roads during the construction of improvements upon a Lot by any vehicle
belonging either to him or anyone using the roads while engaged in any activity
benefitting the owner. Each Lot owner shall also be responsible for any damage caused
by utility cuts in roads, washouts and runoff damage caused by failure to install culverts
properly and in a timely manner as above -provided,. or otherwise. A deposit for road
damage may be required by the D.R.B. as a condition to any approval by and given
for any change in the then existing state or condition of a Lot.
ARTICLE V
EASEMENTS RESERVED
l . Subdivision Plat and Utility Easements. All Lots are subject to any and
all easements shown and dedicated on the Subdivision 'Plat as well as to blanket
easements hereby reserved unto Declarant for the purpose of operating, replacing,
enlarging and repairing electric, telephone, water service, irrigation, cable television
and similar lines, pipes, wires, ditches and conduits. In consultation with the
appropriate utility concerns, Declarant shall have the right to locate the easements
across any portions of any of the Lots if such location is deemed necessary for the most
efficient and expeditious running of the utilities; provided that no such easement shall
run through the approved Building Envelope for a given Lot or within an area where
an owner has received D.R.B approval for the construction of improvements. Until
such time as Declarant has, by an instrument in writing, formerly transferred the same
to a utility concern or other entity requiring the easement, or to the Association, all
easements shown on the Subdivision Plat and reserved by this Declaration shall be and
remain vested in Declarant.
2. Emergency Access Easement. A nonexclusive easement for ingress and
egress to and from each Lot is hereby granted to police, sheriff, fire protection,
ambulance all and other similar emergency agencies or persons, to enable them to
carry on the lawful performance of their duties.
ARTICLE VI
GENERAL PROVISIONS
1. Covenants to Run. The benefits and burdens of these covenants shall run
with the title to each of the Lots and shall benefit and burden each owner thereof, as
well as each owner's heirs, grantees, successors and assigns.
2. Termination of Covenants. In the event these covenants have not been
sooner lawfully terminated, these covenants may be terminated on January 1, of the
year 2041 by a vote of 75% of the votes entitled to be cast by the Members. If these
covenants are not so terminated then they shall continue to be in full force and effect
for successive 25 year periods unless, at the close of a given 25 year period, the
covenants are terminated by a vote of 75% of the votes entitled to be cast by the
Members. In the event of any such termination, a properly certified copy of the
resolution of termination shall be filed in the office of the Clerk and Recorder of Pitkin
County, Colorado.
3. Amendment of Covenants. These covenants may be amended by a vote
of 75% of the votes entitled to be cast by the Members. No such amendment shall be
effective until such time as a properly certified copy thereof is filed for record in the
office of the Clerk and Recorder of Pitkin County, Colorado. Notwithstanding the
foregoing, no amendment shall be permitted which (a) is inconsistent with any of the
rights granted, retained by or reserved to Declarant hereunder or which attempts to
enlarge or expand any obligation of the Declarant hereunder, unless such amendment
is consented to in writing by Declarant, or (b) is inconsistent with Ordinance 14, the
Subdivision Plat or the Final Development Plan.
4. Severability. Should any part or parts of this Declaration be declared
invalid or unenforceable by any court of competent jurisdiction, such decision shall not
affect the validity of the remaining provisions hereof.
5. Paragraph Headings. The paragraph headings in this Declaration are for
convenient reference only and shall not be construed to be a part of the covenants
contained herein or in aid of the interpretation of any covenant contained herein.
6. Successors and Assigns of Declarant. Any rights or responsibilities
granted, retained or undertaken by Declarant under these covenants shall inure and be
binding upon any successors in interest or assigns of Declarant.
7. Disclaimer. No representations or warranties of any kind, expressed or
implied, have been given or made by Declarant or its agents or employees in
connection with the Lots or any portion thereof, or improvements thereon, the
physical condition of the Lots, compliance of the Lots with zoning or other applicable
land use laws, or fitness of the Lots for any intended use.
8. Limited Liability. The D.R.B. and the Members shall not be liable to any
party for any action or for any failure to act with respect to any matter if the action
taken or failure to act was done in good faith and without malice. The owners severally
agree to indemnify each other against loss resulting from any such action or failure to
act done in good faith.
IN WITNESS WHEREOF, this Declaration of Conditions, Covenants and
Restrictions has been executed as of the day near set forth above.
DECLARANT:
MEDICINE BOW EQUITY VENTURE,
LLC, a Colorado Limited Liability
Company
By: Summit Development Corporation
of Aspen, Inc., a Colorado corporation
Manager
By:
Sam Korn, President
ACKNOWLEDGMENT ON FOLLOWING PAGE
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
1998, MEDICINE BOW EQUITY VENTURE, LLC, a Colorado
Limited Liability Company, by Summit Development Corporation of Aspen, Inc., a
Colorado corporation, Manager, by Sam Korn, President
WITNESS my hand and official seal.
My commission expires:
(SEAL)
Notary Public
M:\nschmidt\wp60\0MJH\Aspen Rose\dec]aration. medbow
EXHIBIT "A"
AN OUTLINE FOR
BUILDING AND ARCHITECTURAL GUIDELINES
FOR THE
COUNTRY MEADOWS LOTS
MEDICINE BOW EQUITY VENTURE, LLC
PREPARED BY
DAVID FINHOLM & ASSOCIATES
INTRODUCTION
In order to preserve and protect property values, promote harmony of design,
maintain the beauty of the existing landscape, and create a sense of identity within the
neighborhood, these Building and Architectural Guidelines for improvements are
provided. Compliance with these requirements shall be insured through the design
review process, however, the ultimate success of the neighborhood image and values
will be enhanced by the cooperative effort of the homeowners.
In addition, the developer wants to preserve the natural features of the Meadows land
while providing an entrance to the campus through the residential parcels. In doing
so, covenants will be created to insure the preservation of the sage field and race track
to the north and a transitional landscaped buffer area from 7th Street on the south.
Also, through the Design Review Process and covenant, the massing of the four new
homes as viewed from the campus will be articulated in such a way to minimize the
wall effect and create buildings which blend into the existing neighborhood.
11. DESIGN REVIEW
A Design Review Board (D.R.B.) will be established to review and interpret these
guidelines.
Ill. SITE AND LANDSCAPING REQUIREMENTS
o LAND USE
The use of your lot is restricted to a detached single family residence of 4,050 square
feet (F.A.R.) plus two car garage plus accessory dwelling unit of 500 square feet.
o BUILDING ENVELOPE
The "building envelope" is the actual area that your home (including garage) may
occupy on the site. Such structures must meet the tree protection requirements and
all design requirements applicable to the principal residence.
The area between the rear set back and the property line and one half the distance
between the front and rear setback along the side set back must landscaped in sage and
wild grasses to match the open space to north of home sites.
o BUILDING HEIGHT
Building height per city zoning code.
o VIEWS
The Meadows is set amidst a beautiful environment with differing views from all parts
of the site.
Design of your home and landscape with existing terrain and vegetation can provide
filtered and select views from each lot.
Care should be taken in the selection and placement of landscape plant materials.
Anticipate mature height and spread of trees and shrubs relative to your views and
those of your neighbors.
o ACCESS DRIVES AND PARKING
Excessive areas of pavement are discouraged. Paving materials for driveways, paths,
steps, patios, and other areas should have a dull, non -reflective surface and color that
blends well with the natural surroundings. Driveway and other flat paved areas may
be constructed of concrete, exposed aggregate concrete stamped concrete, brick or
paving blocks.
o GRADING AND RETAINING WALLS
Grading and filling shall be commenced only after complete plans have been approved
by the DRIB. Grading resulting from development shall be designed to blend into the
natural landscape. Cuts and fills must be feathered into. the existing terrain within the
property boundary.
o DRAINAGE
Drainage plans for individual lots must be approved by the D.R.B. and must be
consistent with the Final Flat for the Aspen Meadows.
o DRIVEWAYS
Driveways, including the portion within a road right-of-way connecting to a street, are
the sole responsibility of the lot owner. The construction of driveways will include
culverts and landscaping of disturbed areas. Culverts shall be designed and constructed
so as to prevent damming or diversion of storm water.
o PARKING AND GARAGES
Each residence shall have a garage with a minimum capacity of two cars. Off street
parking, including the driveway and garage shall accommodate at least. one car per
bedroom within the residence.
o FENCES AND WALLS
Fences and walls may be used to protect privacy, screen service areas, and contain
dogs. Fences and walls should be consistent with the architectural character of the
primary buildings and should be integrated with the landscape plan.
No fences will be allowed on the property line facing the race track. If consistent with
the guidelines, law fences will be allowed along the 7th Street extension to help screen
parking, childrens' play areas or entry courts.
o EROSION CONTROL AND REVEGETATION
The Erosion Control Plan shall indicate measures to control both ground water and
surface water run-off during and after construction.
o LANDSCAPING
Each residence must have a Landscape Plan prepared by an architect, landscape
architect or an experienced landscape designer and approved by the D.R.B.
The lot owner shall be responsible for planting, irrigation, care, and maintenance of his
land including that portion which lies within the road right-of-way.
The natural area between two residences may have landscaped screening if approved
by the D.R.B.
o TREE PROTECTION
No healthy tree with a trunk diameter greater than 4 inches which is located outside
a Building Envelope or Road Grading Limit may be removed without the specific
approval of the D.R.B.
o SERVICE YARDS
Service area shall be provided for such items as trash containers, and utility meters.
These areas shall be screened from public view and neighboring properties.
o HOT TUBS
Hot tubs may he constructed on any lot. All such tabs shall be screened from public
view and mechanical apparatus shall be enclosed in a structure or fenced and screened
by landscaping.
1V. ARCHITECTURAL DESIGN
o BUILDING AND SCALE
Building form should be responsive to the natural terrain and vegetation of the site.
Buildings should be well-proportioned and consistent in scale and massing with their
residential use. Large uninterrupted walls and masses should be avoided. Major
building element should be articulated with recesses, projections, and angle changes to
create interest in terms of massing, shadow patterns, and proportion. This is required
on the north and south elevations.
o ROOFS
Roof materials to be non -reflective. Materials recommended for pitched roofs include
slate, wood shingles, or shakes, standing seam metal with natural finishes such as cortin
steel or patina copper.
In determining roof ridge alignments, care should be taken to protect entrances and
exterior pathways from falling snow and ice.
Roof overhangs protect walls and wall openings from rain and snow and contribute to
a building's character. Roofs should overhang walls a minimum of 36".
o EXTERIOR WALLS
Exterior walls should provide a contrasting expression of mass against glass or wood
sheathing, over framing.
Changes in wall material can lend visual interest to a building; too many changes can
make the wall visually discordant. The objective should be to create walls that are
9
interesting, but not in competition with their surroundings. Walls can be surfaced with
one to three different materials only.
Plywood shall not be used as an exterior material. Glass openings should be responsive
to the overall building expression and massing as well as views and sun orientation.
Exterior trim and detail such as window framing, door sills, headers, facias, and shutters
should relate to the major building -materials-while offering color and individual
expression. Copper is encouraged for flashing.
o VENTS AND FLUES
Vents and flues shall not be exposed galvanized pipe, but rather attempts shall be made
to group these roof projections and conceal them from public view. This can often be
done by enclosing them in forms compatible with the overall structure.
o SOLAR ENERGY
Passive solar energy design is encouraged along with energy conservation measures.
Passive solar design elements such as south -facing windows, thermal storage mass, and
day -lighting window systems. should be an integral part of the residence. Active
system hardware, if used, will be integrated, both visually and functionally, with the
overall building design.
o CHIMNEYS
Chimneys are very strong visual elements. Codes require that they extend higher than
adjacent roof lines. Careful choice in determination of proportion, shape, and material
can give chimneys as expression in support of a particular design theme.
The use of prefab fireplaces and flues is economically sound. However, chimneys are
not to have such an appearance. Enclosing the flue in a masonry or wood chimney
with proportions consistent with the remainder of the house is advised. The use of
fireproof enclosures is required and all chimney clearances are to be maintained, spark
arresters are required on all chimneys.
Exposed metal flues are not acceptable.
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TITHE ASPEN MEADOWSII
SPECIALLY PLANNED AREA
DEVELOPMMNT & SUBDIVISION AGREEMENT
i ._V
0K 667 G 732
THE ASPEN MEADOWS
TABLE D _F L Q N—,T EN15
PAGE
I. GENERAL REPRESENTATIONS ..............................
A
Construction Schedules - General ...........................
5
6
B.
Construction Schedules -Detailed ...............
6
C.
Traffic Mitigation Plan ...............
Trafr
7
1. West Meadows Component ................
7
2. MAA Facilities Component ..........................
.........
8
D.
Site Improvements to Property ........... * ' * * * ' * *
8
1. Utility Plan .............. * * * * ' * * * ..............
.........
9
(a) Water ...........................
10
(b) Sanitary Sewer ................... * *
' 11
(c) Electricity .................. * * * * * *
* ........
12
(d) Gas .....................................
(e) Other Underground Utilities ......................
12
12
(f) Drainage ................... * * ' * ...........
12
(g) Fire Protection .......... * * * , , * * .............
13
(h) Vacation and Grant of Easements ..................
13
2. Meadows Road ................. * * * ............
14
E.
Additional Conditions of Site improvements ... . . . . . . .
. . . . . . . . .
15
F.
Financial Assurances . . . . . . . . . . . . . .
.........
. . . . . . . .
. . .. . . . . . 16
16
A.
Lot 1 The Aspen Institute . . . . . . . . . . . . . . . . . . . .
. . . . . . .
. . . . . .
. . . . . . . . . 16
1. Dimensional Requirements .. . . . . . . .
16
2. off -Street Parking .........
16
3. Site Improvements ..............................
.......
16
(a) Utilities ...............
16
(b) Landscape improvements ..............
.........
17
4. Trails ..................
17
5. Financial Assurances ......... .......
.........
18
6. Employee Housing ........
.........
18
B.
Lot 2 - Music Associates of Aspen ....................
.....
18
1. Dimensional Requirements ................
......
...
19
2. Off -Street Parking .......... * * * , * , * * * *
.........
........ 19
3. Site Improvements ......................
.......... 19
(a) Utilities .................. * * * ...
*
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(b) Landscape Improvements .......................
19
4.
Financial Assurances .............................
19
S.
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 Asper. Meadows ..............
22
1.
Dimensional Requirements and Variations Therefrom .........
23
2.
Condominiumization and Six Month Minimum
Lease Requirement ..............................
24
_.
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
LeaseRequirement ..............................
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
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PAGE
5.
Fugitive Dust Control ............................
34
6.
Energy Conservation - Savanah ......................
34
7.
Energy Conservation - Institute and MAA ................
34
S.
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 ...................................... 38
2. 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
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DEVELOPMENT & SUBDIVISION AGREEMENT
"THE ASPEN AfEADONVS"
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".
RF iTA
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 ";ross 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.
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16: L7 Ff* 667 `'r. 736
DOC 'V
d. Restaurant renovation and expansion of 2.000 gross interior square
feet - Institute.
C. Tennis shop renovation and expansion, including rest rooms, of
980 gross interior square feet - Institute.
f. Music t,,nt backstage expansion of 1,500 gross interior square feet
- MAA.
9. 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
rf
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
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_ r 667 "7 r 737
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 ocher neighboring properties by reason of the proposed
accordance with Chapter 24 and other
development and improvement of the Property, all in
related provisions of the Municipal Code of the City of Aspen, Colorado (the "Municipal
Code"); and,
$, 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
e of the Plat and this
the Property with an SPA overlay, including the reasonable conformanc
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,
rms and conditions of Article 7 of Chapter 24 of the
subject to all of the requirements, te
Municipal Code as presently constituted and such other laws, rules and regulations as are or may
be applicable; and,
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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
;instruction time line incorporating a specific construction schedule for the installation of the
new i.`. adows 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
prescrva6on 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 fellows:
4
M1
L
I. GENFRAL RURF-SENTATIONS
A. CONSTRUCTION SCHEDULES - GFNERAL:
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) constriction scheduling depends on the success of fund raising effcrts 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 0
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 Icast three distinct
phases with the major components of each phase beginning in the Fall znd 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
Ile
least two phases, one being the tent related improvements and parking lot work i.
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 townhomcs and the renovatiuci and expansion
of the trustee houses.
4. The construction of the new Meadows Road is currently planned fcr 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
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667 740
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. CONSTRUC-11 N 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 Departm--nt %%•i:li 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:
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 -,s :•volutionary 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:
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-....:- - _ 667 :.c, 741
I. 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 trwn for guests and residents.
C. The shuttle van system as incorporated into the development's traffic
mitigation plan shall be nperated by that company or entity operating the
lodge facility.
d. Chartered vehicles when appropriate for group activities originating at the
lodge.
C. 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
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16- t7 c .- t_ G':.Oi` r4;' 667 r'G 742
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 Strut from Main Street to the tent will be closed to all motorized
vehicles before large events and will be used for pedestrian and birs 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
Commis;ion at a public hearing.
D. SITE IMPROVEM�iTS I PROPERLY:
Consortium shall and hereby agrees to accomplish the following improvements on the
Property:
1, iTtility 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 d 8 at
Page —_ 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.
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(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
Z acceptance by the City. The Consortium shall also convey to the
City a perpetual twenty foot as -built easement extending tcn feet
' from each side of the centerline of all newly constructed water
lines, and a construction casement 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 un 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 i;t 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
tic -in to the existing City of Aspen 6" water lioc in Roaring
Fork Road.
(iii) Rc►ocatc 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 repl:ccd
and up -sized to support the upgraded and proposed con-
struction.
9
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(') 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
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 spcciftcations.
(b) Sanii__!___ary Scwcr
The Consortium shall install and construct 8" PVC sanitary sewer
(i lines within the Project in accordance with the Utility Plan, which
• will replace, upgrade, and serve existing and proposed ,*acilitics on
the site.
Additionally, the Consortium shall:
(i) Install a new 8" PVC sewer line in the new M.:adows Road
to serve the four Single Family I.ots 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 t:te west
side of the proposed Tennis Townhouses and connect to the
existing Aspcn Consolidated Sanitation District ("ACSD")
Castle Creek Trunklinc.
tit Relocate, as necessary, portions of the cr.isting sewer lint:
serving the •frustce Townhouses and connect to the ACSD
Castle Creek 'rrunklinc.
(iv) Install and construct where necessary a new sanitary sewer
collection system for the MAA and Institute property
beginning a: the proposed MAA Rehearsal/Performance
facility, extending westerly, northerly, and then wcsterly
and north of Anderson Park, to the Wc';t 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
Trilstee Townhouses, and connect into the ACSD Castle
Creek Trunkline.
U
Rzn<._ - .• _ :. - 1 667 r'7, 743
(v) Install and cunstruct a sanitary sc... cr collection system on
the Physics Property, extending easterly connecting
Boettcher Building, across the NIAA parking lot and
connect into the ACSD sewer main in Roaring Fork Road.
(vi) The Castle Creek sanitary trunklinc shall be lined wherever
practical. If sections of the trunklinc 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 casements on the
stpndard District form.
(c)rl�tn •i_tv
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 cast side of Castle Creek and the overhead substation on the
south side of the Roaring Fork River. All 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.
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(d) -(!U
The Consortium agrees to contract with Rocky Mountain Natural
Gas to install and construct all necessary upgrades to the gas
system for the Projcct. 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 wh, rever practicable.
(e) Othsr Underground Utilities
The Consortium agrees to contract with U.S. Wcst and Canyon
Cable Television to install and construct all necessary upgrades to
V their individual facilities within the Projcct. 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.
(0 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 acrc-
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 abrces to install fire hydrants within 350 feet of
all existing and proposed structures. Placement will be rcvicwcd
and approved by the City of Aspen/Pitkin County Fire Marshall
prior to commencement of construction.
12
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747
77
(h) Vacation and Gnnt
of 5atcmcnt5
The City agrees to vacate any water, sewer or other utility
reservations at such time as these utilities arc 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 R a
There shall be created a new Meadows Road accessing the Institute lodge
at the Meadows. Savanah shall
a
facilities and the residential properties
the new Meadows Road, Seventh Strect/North Street intersec-
construct
tions, and Meadows Road/Eighth Street intersection in accordance with
be dedicated as a public street
the Plat. The new Meadows Road shall
from its intersection with Seventh Street and North Street to the south
r
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
the old (existing) Meadows Road. Such easements are shown
portion of
and depicted on the Plat.
The speed limit for the new Meadows Road shall be reduced to a speed
r
below thirty miles per hour as determined by the City Engineer.
' ,
The old (existing) Meadows Road shall be converted at the expense of
in
�t
Savanah to a pedestrian trail/bikeway with ownership thereto to remain
'
the City.
In connection with the laying out and construction of the new Meadows
design and other standards and
Road approved variations from subdivision
elements of the Municipal Code include the following:
6
r
* 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
1
new Meadows Road with Seventh and with Eighth Streets, but no
13
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115,
71 667 c.G 748
7r I
traffic signals need be provided. Speed zones shall be signed as
determined by thev
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.
•
es n
No street bridce
od be provided. Culverts to accommodate
g
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 a
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 I
the administration building of approximately 50 feet.
• The new road alignment shall be called "Meadows Road".
It,
•
Street trees lining new Meadows Road shall consist of cottonwoods
of 2 inch caliper spaced every 30 feet along the cast 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. ADDiT1ONAL CONDTTTONc OF S I UF_IMPROVEMENTS:
In connection with the installation of all site improvements to the Property:
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
City any right, title, easement and interest it may
by special warranty deed to the 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
r,s,, >: fft. 667 -•G 749
successors) 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 ruro share of operation, maintenance and repair costs, plus S 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 utility
location corridors shall be inspected and approved by the City Engineer and
Planning Director prior to the issuance of any excavation permit.
5. Vegetation replacement necessitated by utility installation shall utilize the same
plant species as the species of vegetation disturbed or damaged.
6. All ditches, swalcs, 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
easements all feet
howrconrthe side
of
the trail plus required temporary construction
F. FINANCIAT ASSURANCES:
Financial assurances in amounts and in forms acceptable to the Consortium and City shall
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;
15
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667 r'�
750
provided always that such substituted financial assurance is satisfactory to the City
Attorney.
'11. TNDIVIDUAI PARCELS TITE ASPEN MEAT)OXV
A. LOT 1 -THE ASPEN iNSTITUTty:
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 Reoilirements
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 Parkine
The Institute shall maintain 97 off-street parking spaces on Lot 1 until completion
of the underground parking structure.
3. Site Tmorovements
(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) r andscaM Tmorovements. Institute shall abide by and substantially
conform to the tree removal and landscape plans recorded as part of the
Plat in Book A 4 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-
TJ
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667 r.,- 751
upon landscape features. Such landscaping shall be completed in a logical
sequence commensurate with the staging of improvements as contemplated
in the Lot l 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.
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 casement
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.
Financial Assurances 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, 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
f by the City, and a forty day right thereafter
default by the Institute, notice thereo
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
...-
r
outstanding bills for work done thereon by any party, with any excess guaranty
additional administrative or legal costs associated
amount to be applied first to
pair of any deterioration
with any such default and the re
ofguaranty p�isereleaseddto
s portions of the required imp
constructed before the unused remainder (t ro ements are completed, the Public
Institute. A
he
Works Director shall inspect them, and upon approval and written acceptance, institute oagreed
delivered by
shall aid orize the release from the guaranty cost for that portion of the imp o ements except that 10`%of thehhe actual
esum
cost n the site
lareovements completedhandbapp oved byuntil
thelPublliicsed site
Works
or landscapeimprovements
Director.
have the
t to
titute for
At anytime and from time to timvennsso ton titute s as lsuch substituting formsmects the
the form of financial assurance g
g
rth. Any such substitution shall
requirements for form
and content
above he City t toorney in his determination.
be subject to the p approval
6. t..,.,t,,.,Te Hous,ne
greement the City acknowledges it has granted the
Under the terms of this A
ion for essential public facilities from
Institute a GMQS development exempt
competition and affordable housing impact mitigation for the Institute's existing
and new facilities-
B. OT , , rttcrr• nSSOC1ATFSPE1�
Lot is the and
as Property
and is zoned Academic (A) zttd Open Space (OS) all
according to and as shown on the Plat. Ci hot,development on Lot 2 consists of the
a refreshments stand, a box office and
performance tent, the back stage area, a g P
a parking lot. Approved new development allows for a music tent back stage expansion
of 1,500 gross interior square feet, a new rehearsal/performanceteorsuarefeetlto the exxiistting gift
feet of floor area and an expansion of 100 g-
ess shop. Additionally, approval has been granted for a re configuring of the tent a rehears -
tent of for the
tent seating to a total of 2,050 seats. FARs and the definitions there
al/performance hall shall remain as set forth and defined in the Aspen Land Use
nding
Regulations year
period next nextne 0succeedingtJune st10, 1991,danyshall
subs subsequently adopted
than the threey Pe
reduction in or change to the definition or calculation of FARS.
Inal Requirements
The dimensional requirements which shall apply to all permitted and conditional
uses in the Academic (A) Zone District are established on the Plat -
is
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••. G�h�i'�i�-�.,4.�+r'CJ
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 ad.iition 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.
e
(b) lands ape improvements. MAA shall abide by and substantially conform
t
to the tree removal and landscape plans as recorded as part of the Plat in
Book4_ 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, spezies 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 stagilrg of improvements as contemplated
0
in the Lot 2 Construction Schedule, but in no event later than one year
t
after the date of issuance of the Certificate of Occupancy for the final
ri
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 diercto have not yet been compact-
ed, so long as the portion of the financial guaranty provided for in this
agreement hereof which covers the estimated cost of such unfinished
ri
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"
I
caliper.
4. Financial Assuran-es
In order to secure the construction of the site and landscape improvements in
I
Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of
ti
such improvements, MAA shall guarantee by irrevocable bond, sight draft or
letter of commitment or credit from a financially responsible lender that funds in
19
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. � n`•:.�_ .rat � � ,r.-�:.,
• r ,.4�-f. .. �� F•,H �,+ ���r .�li`,'� r `t y .'?r MS.r.11e'�^•�� ~ r, .. r
tS: r.4Or.... 3F': 667 Fr 754
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 sot, -ht and the
mutually agreed upon financial assurances shall be delivered to the tr..y prior to
issuance of the building permit. All financial assurances given by IVIAA to City,
in all events, shall give the City the unconditional right, upon following
default by the MAA, notice thereof by the City, and a forty day ri, thrrcafter
to cure, to withdraw funds as necessary and upon demand to par... or fully
complete and/or pay for any of such improvements or pay any mi,:ontcstcd
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 0
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. f
4
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 fer form and content above set forth. Any such substitution shall
be subject to the prior approval of the City Attorney in his determination. '
5. Emnlovice Housine
Under the terms of this Agreement the City acknowledges it has granted MAA
1
a GMQS exemption for essential public facilities from competition and affordabie
housing impact mitigation for MAA's existing and new facilities.
I
C. LOT 3 - THE ASPEN CFNTFR FOR PI'YS1 :
Lot 3 is the Physics Property and is zoned Academic (A) and Wildlife Preservation i
(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 deveiopment with appropriate review is not precluded. 1 .
t
17,11r„'%7 % 1 , ;4, _ i 6: t't _ ... ,r, M 667 t' , 755
r_lvt? r':t..i., Cn!'v C1.•, L. Doc 4.'i'''
Site Improvements
(a) Utilitie . 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 casement
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 arc 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-
mcnts 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
•
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;r � ., ., ' fir., f... •�%;� _�y�.yr ^I. '.
_ c.•;,r,_,,r �t 667 Fc 756
r�ov. .• r. _l i.
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.
3. Trails
The Final Plat depicts a trail casement across the Physics Property from Gillespie
Street to the race track trail on Lot 1. Physics and the
City amen[ but hasagree that this rno
easement is not to be paved. Physics is granting
thisFinancial obligation of any kind for the trail or any related work.
D. i QT 4 CONSFRVATiON i AND:
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 casements as existing and
proposed for electrical, gas, storm and sanitary -,ewer, and water.
L• LOT 5 THE TRUSTEE HOUSFS AT'1'H
F ASPFN MEAD W :
Lot 5 is Savanah's Property and is zoned RMF according to and as shown on 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 cnd of the existing units and two
on the North end of the existing units. Each new unit will be 2,500 square fact of FAR
with three bedrooms. Total build -out on Lot 5 shall consist of eleven units with thirty-
thrcc bedrooms and 27.500 square feet of FAR, excluding carports (tip to 500 square feet
per dwelling unit). FARs and the definitions thereof for
and cxi ting bul d new
in a trustee
t
houses shall remain as sct forth and defined in the Aspen
as of Junc 10, 1991, notwithstanding and shall stirvive for not less than the three year
22
Frs��
r
• '..� Jam• :�:';,ht 1":ii� �f::�..� •. c. �:� � J`c•yi1�,� '"..
r � �f� l L �'. M, TL �� ,la _Y !�'�� � `:�� ��'la I •-� � �,.'.I" �i
. �..:'•..�A.,'rflit'.'��.��r11c•�:��L'1�. �_ :..N�l.`Ser`: ti.�i.`C`'��... ••-'�'''.•" ! �•t,
K?Gi"n-^ 01i241'-: 1 — R•?C '6400.1716 r+!' 667 FG 757
clvi- 7a:'i:=.. P;t: 'n ri-r1... C'OC 'i-0-
period next succN.l:;tg jute. '0, ,lil, any subsequently adopted reduction in or change
to the definition or calculation of FARs. The three new residences have received an
allotment under the GNIQS 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 fcet for Lot 5.)
e) Minimum side yard: 5 feet
f) Minimu:- rear yard:
i) Principal building: 10 feet
ii) Accessory building: 15 feet
g) Maximum height: 25 feet
(Notg, A dimensional height variation for the two northernmost trustee
hc,:ses has been granted by the City for up to eight feet.)
h) Percent of open space required for building site: 35%
23
N -4
667 758
Minimum RMF Zone District open space rc(lu:-.-,-'l,r"1s have been
-
for Lot 5 in consideration of the Open -r!ce otherwise
waived by the City
provided in the SPA development Plan.)
External FAR (maximum):
no rcquircmcrt
Internal FAR:
k) Off-street parking requirement: I space per bedroom
Month Minimum I_cisc RzQk_,Lr.9[=1
Pursuant to findings made during the approval process and in accordance with
City has granted and twardcd
Section 24-7-1007 of the Municipal Code, the
for all eleven units contemplated for Lot 5.
condominiumization approval
of the eight existing units is subject to payment of an
Condominjurnization
affordable housing impact fee according to Section 24-7-1007A(1)(c). The fee
or the condominium Plat
totals S64,240 and shall be paid at time of recordation
and declaration for the units on Lot 5.
The six month minimum lease requirement for condominium units as contained
Municipal Code his been and liercby ;s
at Section 24-7-1007 (A)(1)(b)(1) of the
waived as to all the condomin jum units on Lot 5 as approved by ti,:i SPA plan.
3. Lilt .1m r v m n
lines on the Property servicing
r '
Ujifl �J. All telephone, electric and cable
(a)
the improvements shall be undcrgroundcd. All water and sanitary sewer
in accordance with standards of the
lines shall be designed and constructed
City and of the ACSD and wrincr. casements will be provided if and as
required confirming the as -built Jocz!ion of each casement.
SLvanah shall abide by and substantially
Uindscanc lmoroycricoU.
(b) plans recorded as part or the
tree removal and I andscaric
landscape conform to the
Plat in Book IL -,it Page _,;- . er se q. of the Records. The I
and location Of all plant
plans depict and describe the nature, extent
to scale, species and size of existing plant
materials in appropriate relation
bed definition, a plant material schedule with
material, (lower and shrub
and quantities, proposed treatment or
common and botanical names, sizes
turf, gravel, terracing, wc.), dccorativc
all ground surfaces paving,
wateratc, features, retaining walls, fencing, benches, and all other agreed
be COMPIctc(l in I logical
,,poll landscape features. Such landscaping shall
of imp-nvelliclits is contemplated
sequence comnicristirite With 111c staging
Schedule, bill in no event liter than one year
in the Lot 5 Construction
24
•
s
"t •, �:r.:.
fj;.
i •�
-.
.. •.' �
r,
is
�;• �
�M
Pt667 r'r, 759
after the date of issttanc^ 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=stimated 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.
Trails
The Plat depicts all trails dedicated or conveyed to public use and all casements
linking off -site trails to the Project's trail system, including the trail casement
between the tennis townhouses and restaurant. Written casements 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 casements.
Financial As�ttrances
In order to secure the construction of the site and landscape improvemcnts 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 3f 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 wLr;: 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
curt, to withdraw funds as necessary and upon demand to partially or folly
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
25
!ram
-
��\f` � � 1'i•
1
�.
.l r{ \ ,u"'
N� i•.fi✓r• ♦ fie{ �.' . MR'F
;.— - _n
_ , .. 1 _ ��, ta,:. _ rI
667 `G 760
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. Fmolovcc Housine
Savanah and the City acknowledge that the renovation and expansion of the eight
I�1►
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
I ,
mitigation impact fee for 1.66 low income employees per unit for each of the
I
three nc%v 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 Tf1WNfI0MGS AT THE ASPEN MI -AVOWS:
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 townhomc units of three bedrooms and 2,500 square feet of FAR
t
fr
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
Lune 19, 1991, any subsequently adopted reduction in or change to the definition or
calculation of FARs. The seven new townhontes have received an allotment under the
for
City GMQS and have received variations for height, open space and setbacks
t
accessory buildings, all as noted on the Plat and described herein.
26
0
9
667 r,= 761
Variation§ Therefrom
1 • Dlmcn.sional Reouircmenis and —
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.
6.000
a) Minimum lot size (sq• ft-):
b) Minimum lot area per dwelling unit:
i) 3 bedroom unit:
3,630 sq.
60 feet
c) Minimum lot width:
d) Minimum front yard:
10 feet
i) Principal building:
15 feet
ii) Accessory building: j
(N=• A variation from minimum RMF Zone District front yard
setbacks for accessory buildings has becn granted by the City to
zero feet for Lot 6.)
5 feet
c) Minimum side yard:
Minimum rear yard:
10 feet
i) Principal building;
15 feet
ii) Accessory building:
25 feet
g) Maximum height:
(Note. A
l
ortion of the tennis
omcshasnb cnagrant granted byrthe City for up to th iation for the center cc feet as shown on
townh
the Plat.)
h) Percent of open spice required for building site:
35
(Note. Minimum Rh1F "Lone District open space requirements have becn
waived by the City for Lot 6 in consid:ntion of the open Space otherwise
provided in the SPA development plan.)
27
.A. .. M�:�'sV'�t� �x :try - `:t l't;.�'.. � :d.�,: ~•.
r ! 667 r G 762
_ 1:1
i) External FAR (maximum): no requirement
�) Internal FAR' I space per bedroom
k) Off-street parking requirement:
nth Minimum I ea Re tiircm "
2 n mini in i n rid ix M with
g approval PtrhoeccsCiandgrants in nand awards
Pursuant to findings made Burin the
royal for the seven tennis townhome units on Lot 6 as
Section 24-7-1007 of the Municipal Code,
condominiumS� thison SPAply•
approved by �i
The six month minimum lease requirement for condominium units as co"tamed
1 f the Municipal Code has been and hereby is
at Section 24-7-1007 (A)(1)(b)O om units on Lit 6.
waived as to the seven condominiu
g Sit Im rovcmcnts on the Properly
servicing
(a) i ' 9 All telephone, electric grounded lines All water and sanitary sewer too
the improvements shall be undcrg rovided if and as
th
lines shall be designedand a constricted in acc�sdwill bete staved if n the
City and of the ACS
required confirming the as built location of each easement.
and substantially �.
im v m n Savanah shall abide by art of t �e
(b) n s plans recorded as p
of the Records. The landscape
conform to the tree removal and landscape
Plat in Book _S'_ at Page et seq.extent and locaticn. of all plant l
plans depict and describe the nature, ics and size of existing plant i
materials in appropriate relation to scale, spec
material, flower and shrub bed definition, a plant material schedule witof
h
sizes and quantities, proposed treatment ve
awing, turf, gravel, terracing, etc.), decorative
common and botanical names, and all other agreed'
all ground surfaces (e S walls, fencing, benches,
water features, retaining in shall be completed in a logical
features. Such landscaping g rovements as contemplated
upon landscape in of imp
sequence commensurate with the stag S
in the Lot 6 Construct nce of the ion ICert•ficate of occupancy e, but in no event later hfor athe
esfthat
nal
after the date of is
phase of improvement:. It is the fac`�ssuenfor imprrovemenit.% even though
Certificates of Occupan:y Y et been comp
ICt-
the landscaping improvements related thereto have ovidcd for in this
ed, so long as the portion of the tee cost
guaranty P
pursuant to the terms of this Agreement. All
Agreement which covers the estimated cost of such unfinished landscaping
remains available to the City P
29
• �. ., �. ', .fit 1_�,, t� .�, _,� •'-,. ; •�1-
667 F i:- 763
tree replacement shall be on a one-to-one caliper inch basis throughout the
Project as a whole with minirr.um size at 1 1/3" caliper.
Trttls
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 casements are
associated with Lot 6. The first is a minimum three foot wide unpaved walking
path which parallels the Meadows Road on the asternf Let edge a Lot 6 and
the the
second is the casement on the Western Po
construction and maintenance of the trail frodows Rodacross
m MeaRoad
on the Plat. to Lot 4 and the Roaring Fork River to the Rio Grande Trail, all as d:p
6 shall be burdened with easements for these trails as by Savanahwn on the
Final
connection
Construction of the walking patlted h shall be comp
with the construction of the improvements on Lot 6. Savanah and the City
acknowledge and agree that : Il 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 the maintenanceresponsibility
thereof or the City, and Savanah
shall have no responsibility
5• Financial Asntrances
In order to secure the construction of the site improvements in Paragraphs 3(a)
and to guarantee 1009e of the estimated cost of such improvements,
and (b) above a
Savanah shall nd to guarantee by irrevocable bond, sight draft or letter of commitment
or credit from a financially responsible lender that funds in the amount of such
der
f for t
estimated costs, are held by it for the ovements.As s conditioconstruction and
n for issuancesuance of
installation of the above -described impr
a building permit for a portion or all of the construction anticipated herein,
n that portion
the work l
incd Paragraps
Savanah and City shall agree otocomplete the n work for wh chha
3(a) and 3(b) above reasonably necessary
permit is being sought and the mutually agreed upon financial assurances
t traA11 sfshall be
delivered to the City prior to issuance of the building permit.
assurances given t. upon and
followah to ity, in all events, i"; default by Savanah, noncCthereof
give
unconditional right, po
dforty
dao part allycorafullytcomplctet
o withdraw funds as
by the City, and and/or pay for any of
necessary and upon
any uncontested outstanding bills for first `U
such improvements or p.:y uaranty amount to be applied
thereon by any party, with any excess gthe
repair and deterioratve or legal tion in improvosts emc associated
already constructed bcroretthe and
n unused
repair o Y
remainder Or any) of such guaranty is released to Savanah. As portions of the
ic
rks
irector shall
ct
required improvements appovalrand writtenacceptancle, heoshallD authorize the release
them, and upon approval
29
�<1 667 r'C. 764
prom the guaranty delivered by Savanah of the agreed estimated cost for that
or
portion of the improvements except that 10% of the actual cost of the site pe
landscape improvements shall be retainedd until
by thelPublico`Norkssed tD�ecto landscape
improvements are completed and app
sub
e for
l have the right to
the
anytime find from
ass ranee given, so long aslsuch substituting formsm efts he
the form of
requirements for form and
eoneof City Attorney nt above set hn his dctcrm nudionutton shall
be subject to the prior approval
FmnlOVer HOustn�
ennis
ownhome townhouse
with the construction of the seven t
c connection nits on Lott 6 Savanah shall pay to the City tan affo dabic housing
condo employees r unit for each of the
mitigation impact fee far 1.66 low , in an amount to be calculated pursuant to
seven new residential units on Lot 6, aid. The fen shall he
those fee guidelines in effect at the time the fee `s t0
00be paiduction fee
any new
paid prior to the issuance of the building pc
residential unit on Lot 6 and shall be paid in proportion to the number of units
sought to be permitted.
AT F A, pFN N4FADOWS:
� and
5 a 9 to THE RFSIDFN —�--�
G. 1 T
Lots 7, S, 9 and 10 are owned by Savan Undah er
d the SPare cA,, Savanah has beed R-15 according to n granted
•nccsc lots currently are undeveloped
approval to develop, on each lot, a single family residence together with an accessory
tlwclling unit. Each lot has a FAR of 4,540 square feet. square feet abexcluding ove a grade. square f FARs
?rage, but including the accessory dwelling unit of SOU
nd the definitions thereof for the residences and the se Reguianons 'tnry eeffect as of June
'remain as set forth and defined in the Asps
10, 1991, notwithstanding and shall survivequcntloradopted not s reductiothan then n orechange on thng
e
June 10, 1991, any subseq Y
definition or calculation of FARS. The four single fam`loq�� � �ovcnan:stthat will be
envelopes as shown on the Plat and will be subject to p which covenants will,
placed of record prior to the sale of any of Lots 71 g, 9 and 10,
et a minimum, provide for (a) the establishment and incorporation of an assaiation be
of
homeowners with aDesign
n Historical rPrescrvauon Commission, �t'hich Board f which shall
&sigatcd by the vic
City Pc
hay =original jnnidouttrol the all matters
ate or
Sninvolving
which each accessory dwell ng unitton any lot
condition of any
;ball ds
be used, occupied and rented, including the incorporation of apPlthcbobligation le rof
-rd gl. idelincs of the Aspen Pitkin County Housing Authorihc and owith and
cac!t of Lots 7, g, 9 and 10 and each owner, at anytime, thereof to comport
30
0
.. , _ _ ._ -.-..:..,. a •-�+�f.��c: •� • _,=:r`t t-.::_::= �'' �.-;
•�-- .1 : ^.�; o _ t - �.i, rat 667 765
�., .. r... f r i .. a . ..
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.
I. 12imensional 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.
N t4. The minimum R-15 zone district lot size per principle dwelling
unit has bean reduced to 12,000 square feet for Lots 7, 8, 9 and 10.)
b) Minimum lot area per dwelling unit: 12,000 sq. ft.
c) Minimum lot width: 75 feet
d) Minimum front yard:
i) Residential dwelling: 25 feet
ii) Accessory building: 30 feet
e) Minimum side yard: 10 feet
lN(Lc. The minimum side yard setbacks have been reduced by the City
under the SPA to zero feet for the West side or Lot 7 and the East side of
Lot 10.)
f) Minimum rear yard:
i) Residential building: 10 feet
ii) Accessory building: 5 feet
(N=. Rear yard setbacks for Lots 7-10 are as shown on the
Plat.)
g) Maximum height: 25 feet
01
667 766
h) Minimum distance between detached 10 feet
buildings on lot:
No Requirement
i) Percent of open space:
4,540 sq. ft.
j) External FAR:
(Note. The square foot2gcincludesaccessorydwelling unit of 500 sq.
ft. and excludes a , of up o500 ft.)ry
sq.no
requirement
k) internal FAR:
1One space per bedroom, and one
) Off-street parking spaces:
space per accessory dwelling unit.
•
2. Site improvements
a) ili•i . All telephone, electric and cable lines on the Property servicing
sewer
the improvement-, shall be undcrgroundcd. All water and sanitary
in accordance with standards of the
lines shall be designed and constructed
ACSD and as built easements will be provided as
i
City and of the
required. It shall be the requirement of Savanah to install all utilities to
be installed in connection with the
the lot lines. The utilities shall
construction of the new Meadows Road.
3• Financial Asnirnnces
In order to secure the construction of the site improvements in Paragraph 2 above
improvements, Savanah shall
and to guarantee 100% of the estimated cost of such
bond, sight draft or letter of commitment or credit from
guarantee by irrevocable
a financially responsible lender that funds in the amount of such estimated costs,
and installation of the
are held by it for the account of City for the construction
As a condition for issuance of a building permit
{
above -described improvements.
for a portion or all of the utility installation, Savanah and City shall agree on that
to
portion of the work outlined in Paragraph 2 above reasonably necessary
and the mutually agreed
complete the work for which a permit is being sought
shall be delivered to the City prior to issuance of the
upon financial assurances
building permit. All financial assurances given by Savanah to City, in all events,
and following default by
shall give the City the unconditional right, upon
Savanah, notice thereof by the City, and a forty day right thereafter to cure, to
I
withdraw funds as necessary and upon demand to partially or fully complete
outstanding bills
and/or pay for any of such improvements or pay any uncontested
with any excess guaranty amount to be
for work done thereon by any party,
applied first to additional administrative or legal costs associated with any such
32
default and the repair of any deterioration in improvements alrcadv constricted
before the unused remainder (if any) of such guaranty is released to Savanah. As
portions of the required improvements arc 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
the form of financial assurance given, so lone 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 Attornry in his determination. •
y, Fmolovee Hoosine ONNUMV
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 t
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
r employee units to qualified tenants as determined by the Housing Authority. The
owners shall have the right to select the tenants. A copy o' the deed restriction
form for these residential ,,ices is attached hereto as Exhibit "D' and is incorpotat-
cd 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,
I 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.
• 7r,
H. ADDTTIONAT PROVISTONS AND AGRFFMFNTS: *t
1) A�cc/Emergency Loop. The thirteen foot service access/emerg^ncy loop drive
serving the lodge buildings on Lot I shall be constructed with an ail -.vc`ther
surface adequate to support fire -fighting apparatus. Such access emergency loop
drivc(s) shall be plowed, cleared and maintained to thirteen foot widths at all
times of the year and particularly during the winter months. I
2) Fire Protection. All buildings to be served and accessed from the thirteen foot
access/emergency loop drive shall have interior sprinkling fire protection/
suppression systems as approved by the Fire Marshal and such system(s) must be
approved prior to the issuance of a building permit.
33
9
•
667 766
3) Fireplace Rc^ulations, All residcn:ial units shall comply with fireplace
regulations as contained in the )Municipal Code and enforced by the Lnvironmen
tall 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 has log
fireplaces. Minor reloc--.tions 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 tc, review and determination
by the Clean Air Board.
yl Dr 1\1iti�ntion. Prior to the issuance of a building permit for each
for run
component of the Project, a d yinage mitigation plan for that cotmcanbntthe City
off during construction activity shall be submitted to and app y
Engineer so as to insure against or minimize run-off into Castle Creek and the
Roaring Fork River.
('ontrol. 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 AAr the NIAA
rehearsal/
parking lot prior to issuance of a building permit
performance facility.
6) -_.. r , cnnrat;nn -Savanah. All energy conservation and efficiency measures
as represented by Savanah to 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 fVmily homes and condominia.
�o. C���n lion Tnstitute and MAA. Non-residential construction and
7) ,,.,n
onservation and efficiency measures
facilities �all utilize state-of-the-art energy c
s
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
Associates' letter of May 3, 1991, Exhibit "F" and the
Appropriate Technologies
MAA Rehearsal/Performance Hal'. 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
•
7.7,.-7. 667 769
S)
Fox Dens. The Consortium has constructed replacement and additional fox dens
'
in a manner and at location: selected in the field by the City, in consultation with
the Director of the Aspen Ccnt=r for Environmental Studies ("ACES").
9)
Rc-Vc-ctation. 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 rc-vegetation shall be inspected and monitored by the City to
ensure that re -vegetation efforts and the protection of the same are successful.
10)
Mal. cu7ed Lawn Arras. 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)
Constriction Barricading. Prior to excavation, temporary construction barricades
�
and/or fencing shall be erected within five feet of the building envelopes of the
t
tennis townhomcs and trustee townhomcs to prevent damage from falling debris
I
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
I `
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.
t t
12)
Amendments. Any SPA or Master Plan amendment or future development
t
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,
F
in addition to the consent of the owners of the residential component involved,
`I
the approval of the resident non -profits of the SPA, which approval shall,
1
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
Property, subject to reasonable regulations as may, from time to time. he
established by the owners thereof in order to protect their property, as well as the
academic privacy and sercnity of the campus. its programs and the 11e 101 and
Safety of other users and visitors.
1-4) hiAA Parking Lot. The MAA parking lot shall he plowed and kept clear if sruw
during all wintertime performances or functions at NIAA fneilities.
ill. �tiSC�F,1_I ��rOUS
A. j'1-R10D1C PROIFt'T RFA!1F.'X.1
To the extent practical and nctt!:»aiy, every 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.
13. NON-COMPLTANCF AND RiOUiST FOR Al`1FNDN.l7NTS OR FXTFNS(ONS
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 Agrccmcnt 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 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 Agrccmcnt should
be granted with respect to any such non-compliance which is determined to exist.
36
667 771
Upon the re:eipt of such petition. ;lie City Council shall promptly schedule a luaring to
consider th= matters set forth in the cease and desist order and in the petition. The
hcarin; sh:,ll be convened and conducted pursuant to the procedures normally established
by the Citv Council for other hearings or pursuant to such other procedures, formal or
informal, upon which the City and the Non -Complying %Icmbcr shall agree. if the City
Council determines by the evidenc, that a non-compliance exists which has not been
remedial, it may issue such orders as may be appropriate; provided, however, no order
tcrmina'.ing any approval granted herein shalt be issued without a finding of the City
Counci', that evidence warrants such action and affording the Non -Complying Aicinber
a reasonable time, not less than thirty days, to remedy such nou-compliance. A final
determination of non-compliancc which has not bccn remedied or for which no variance
has bccn granted may, at the option of the City Council, and upon written notice to the
Non -Complying Member, terminate anyof the a there is maineen s d hereh estin whichishcd arc
-
rcnsenably related to the requircmcnt(s) `
it1l which compliance; however, under no circumstances will a failure to comply on the part of the
r.v above, affect the obligations that attend that component of the
Non -Complying Member in respect of a
Protect for which it is responsible, as outlined approvalsr any of variances,
remaining components of the project. The City Council may rantsuch
cxtcnsions of time or amendments to this Agreement as it may deem appropriate under
the circumstances as an alternative disposition of any finding of non-compliancc.
In addition to the foregoing, the Consortium or its successors or assigns, or any member
tl�crcof may, on its or their own initiative, petition the City Counrl for a variance, an
amendment to this Agreement, or an extension of one or more of the time Piocdh
required for performance hereunder, of otherwise. The City Council may grant
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) arc
beyond the control of such member, despite good faith efforts on its part to perform in
a timely manner. Notwithstanding anything in this Section B to the contrary, the
`'jregoing 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 ntles 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
amined in any non-compliance hearing before the
Members of the Consortium shall be ex
City Council and can be a basis for granting a variance from an extension of any of such
schedules.
37
�N'ih i� ��y�r a.l��i?� �}:f--eNiti�:Z���:�:•y2�C-.�'
•
t�NA@
667 77:
C. GFyFRAT PR(�VTSiONS
this Agreement shall be deemed
I • N�ti Notices to be
given to the parties to
or if deposited in the Unitcd Statcs Mail to the
given if personally delivcrcd
mail at the addresscs indicated below, or at such
panics by rcs:is:crcd or certified
other addresscs as may be sustained upon written notice by the parties or their
successors or assigns:
Citv Planning Director cc: City %4anagcr
City of Aspen:
130 South Galcna City Attomcy
Aspcn, Colorado 81611
Lot l:
Aspcn Institute
1000 North 3rd Strcct
Aspcn, Colorado 31611
With a Copy To:
Gidcon Kaufman
Wheeler Square Law Officcs
315 Ga,; Hyman Avcnue
Aspcn, Colorado 31611
Music ASSOCiatcs of Aspcn
Lot. 2:
2 Music School Road
Aspcn, Colorado 31611
With a Copy To:
Alan Schwartz
106 South Atill Strcct
Aspcn, Colorado 81611
Aspcn Centcr for Physics
Lot 3:
700 West Gilicsplc
Aspcn, Colorado 81611
Witlt a Copy To:
Nick McGrath
600 rest Hopkins Avenue
Aspcn, Colorado 81611
City of Aspcn/City Planning Director
Lot 4:
130 South Galcna Strcct
Aspcn, Colorado 91611
38
•�, I.'i� :. 'j:l _•,�:1 ', of ..'1:..
r.t 667 773
Lots 5, 6, 7,
8, 9 and 10 Savanah Limited Partnership
600 Fast Cooper, Suite ;,200
Aspen, Colorado 81611
With a Copy To: Robcrt W. Hughes
Oates, Hughcs & Knczcvich, P.C.
533 a-st Hopkins Avenue
Aspen, Colorado 81611
2
Binding Effect. The provisions hereof shall run with and constitute a burden
the title to the Property with the exception of Lot 4, thereof, which is not
i
upon
a part of the Aspen Meadow-, Specially Planned Area, and shall be binding upon
member of the Consortium and
1
and shall inure to the benefit of the Owner, each
the City and their respective heirs, personal representatives, successors and
s.
assigns.
3.
Lauli le w. This Agreement shall be subject to and constnicd in accordance
the Municipal Code of the City of
with the laws of the State of Colorado and
Aspen.
4.
Vested Ri91, Pursuant to Section 24-6-207 of the Municipal Code, a Vested
development activities (including the
ti
Property Right is hereby established for all
improvements) approved by this Agreement and,
siting and massing of building
next succeeding June 10, 1991 no zoning,
accordingly, for the three year period
land use action by the City, legislative or otherwise, and no citizen initiated
j
or
zoning or land use action shall in any manner alter, impair, prevent, diminish or
or use of the Property approved by
f
otherwise delay any development activities
`
this Agreement, except:
with the consent of the owner of the property affected by such action; or
!
a.
1
the discovery of natural or man-made hazards on or in the immediate
b, upon
vicii;ity cf the property affected by such action, which hazards could not
if
[
F
reasonaZ)ly have been heretofore discovered, and which hazards,
threat to the public health, safety and
�l
uncorrected, would pose a serious
welfare; or
that compensation is paid as provided in Title 24, Article 68,
C. to the extent
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
and approvals which may be required by
Agreement from subsequent reviews
39
667 774
other provisions of this Agreement or the general rules, regulations and
ordinances of the City provided that such reviews and approvals arc not
inconsistent with the development activities or use of the Property contemplated
in or by this Agreement. Moreover, the establishment of thi' Vested Property
Right shall not preclude the application of ordinances or regulations which arc
general in nature and arc applicable to all property subject to land Ilse 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 owncr(s) of the property involved shall abide by any and all
such building, fire, plumbing, electrical and mechanical codes, unless such
owncr(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 c• 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 compcnsabie taking of all or sonic 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 cstablishcd as relates to that
component of the Project for which the Non -Complying ti4ember is responsible,
as set forth above, shall from then and thereafter no longer exist: provided that
if such determination is everj:idiciaily invalidated then the Vested Property Right
formerly extinguished shall, ipso jocro, thereupon be revived nunc pro truce to the
time of the City Council's determination of non-compliance.
L•xnintion of Development Allotment, The development activity contemplated
in Subsection G of Section 11 of this Agreement shall be eligible for exemption
from expiration under the provisions of Section 24-8-108 of the Municipal Code,
notwithstanding th,r 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 owncr(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 Agrccment relative to the development activities contemplated in
Subsection G of Section 11, 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 ;lave been
completed.
6. Sg,,cmhiIity. If any of the provisions of this Agreement or any paragnaph,
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
�r ..
_ •'i •jar. __ i'I' ��� '.•tt'S,-.r
:., 667 775
7. Incnmorntion of Recitais-,ind Wr ucn SI—`utmitt. 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
dcciiied to be part of this Agreement and to be incorporated hcrein by this
reference. The City will, upon request from interested parties, including
prospective purchasers and lenders, and within a reasonable period of lime
e
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.
g• intirc A�rec ncnr Amcndm�nt. This Agreement contains the entire understand-
ing and agreement between the panics hcrein 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 panics hereto.
9. Accentancc of SPA Final Dcvclo m nt Plan- Ratification by v- r. 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. Rcatonahlcness. 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 panics hereto, their agents, employees, designees and affiliates,
and any third panics called upon to make any determination pursuant to the
provisions of this Agreement, shall conduct themselves reasonably, fairly and in
good faith.
IN NvITNESS WIiEREOF, the panics have hereunto set their hands and seals
the day and year first above -written.
THE CITY OF ASPEN, COLORADO, a
ATTaT: municipal corporation
j • 7.._
�/ Z• j_ ) ��7/ Ijy:
Katfirvrf kbch,/City Clerk Johr Bennett, �iny�r
41
a
—zr •
i r 667 776
SAVANAII LIMITED PARTNERSHIP, a
District of Columbiallirnited partnership
Iiv: L
TIIE N INSTITUTE
By: r X Mi
MUSIC ASSOCIATES OF ASPEN
ASPEN CENTER FOR PHYSICS
1'
Bye.
v
STATE' OF COLORADO )
) ss.
COUNTY OF PITKIY )
The foregoing instrument was acknowledged before me this �_ dny of
<�,A Nu 01? , 1993- by -1 A N-1-AM r N1 as
r t,e.-r for SAVAN I LIMITED PARTNERSHIP. a District
of Columbia rimited partnership.
WITNESS my hand and official seal.
My commission expires: j
tar, ublic I t
(N-161 Clw+n C on ►-v F-0-4)/
42
P
�s
1.
'b
STATE OF COLORADO
COUNTY OF PITKTN
The foregoing instrument pos acLnowlgperiC30}e me �his;,. �— day of
1992-by 4VI as
fot' TI I E PFN IN561 UTE.
WITNESS my han-I and official seal.
My commission expires:
0 T
6tary ublic
STATE.OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was ackrowlt-rized-befa;e-mc this 2 day of
CaNU41991.by 14 A C�l T as
I. for MUSIC ASSOCIATES OF -ASPEN.
WITNESS my hand and official seal.
My commission expires:
(ST,'Ar-
. J Public
JJ
Ot COLORADO
S. I T r;,
....... .....
55.
COUNTY OF PrrKINi
The foregoing instrument was acknowledged before e me tPis 4— day of
, 1997- by -e -rr --- — as
��N U P __IkC P, 6 , A.tjA H 4 N
far Er+ CENTER FOR PHYSICS.
WITNESS my hand and official seal.
My commission expires: Z;7,
H
oiary u Ili c � J/�
ub
43
r
.. ��.'"- ` :i.' '♦ 'tl f. '^ _ ..
1-1+ •~. -'• •y •,
- r!I'•�l'_j-.�;t !iy+�iS.C��.'' '
-
667 778
-
"LIST OF ExnIBITS"
PA F N
Hi iTFSC$IPTION
• 1
A
Legal Description of Property
6
B
Traffic Mitigation
8
C
Utility Cost Estimates
33
D
Deed Restrictions for Single -Family Sites
34
E
Ene rgy 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
yr�,y„i,��appn„I,t•01
44
667 ''f • 779
The A-pon '•l:arlc;:s
I,ICG,11, DESCRIPTION
12 Section
A tract of Innd Incited within portions of the Nortlt 1R of Section it ;aJ lice South
1. 'r,,nship 10 South, Ringc R5 West of the (�tlt Principle h;cridlnn, Pltkin County, State of
Cohrr..dn 1 cEap mare ^^^ic.;!.rly described as follows:
rlcCiunhtg it the center north 1116 corner of snid Section 12. described :u such on the 'Plat of
the ncpcn Mcndmvs Sulxlivision l:zcep6on' and being n found in pince 3/8 z 1 Inch steel bar.
'Tlirncc N Res' 14' 00' W, along the north line of Ben Ocnne Lot Split Subdivision and Cutic
Crrrk Subdivision, 797.62 feet to the enatcrly line of Red Butte Cemetery; Thence along the
cnstctly boundary of said Red Butte Cemetery, the following nine (9) courses:
1) N 1 ; 40' 15' 1- 84,75 feet;
2) Thence N 13' 01' 35" W. 65.00 reel;
3) Thence N 11' 33' 10' E, 96,62 feet;
4) ;hence N 1' 50' 20' 1- 114.04 feel;
t) Thence N 14' 30' 25' W. 64.31 feel;
6) Thence N 4' 08' 3U' W, 786.13 reel;
7) Thence N 21' 28' 50' W. 171.56 feel;
R) Titence N 16' 21' 15' l; 305.82 feet;
t) hence N I' O2' 20" W, 33.38 feet;
lheiKe N RR' 35' iS" r 39252 feet; Tlencc N 5' 111' (X)" E, 38.99 fuel:
Thence N T 06' iR' W, 14.77 feet to the snulhenst comer of Lot 10, Black Birch Estates.
lltt flee along the easterly boundary of snid Block Birch Estates, the following four (4) courses:
I) N rr 54' 0(I' W, 199.72 reel;
2) Thence N 14' 17' 00' W. 119.61 feel;
3) Thence N 15" 03' (XI* E, R4.24 feel;
4) Thence N 52' 19' (10" E, 57.i9 reel to the center line intersection of the Roaring Fork
River and C.Zstle Creek;
Thence southevoerly nppmzimntely 30(X) reel along the centeriinc or tileRrnring fork River,
I cant described by the following seventeen(1%) courses for the purpacrcnge c�le. latforu
exe of
only, and is not intended r::r ibe estnhlishmcnt of boundary lines:
1) Thence S IUr 10' 12' Ew 12(1.35 feet;
2) Thence S 64' i9' 32" E, 131.86 fed;
3) Thence S 927 OT 52" E. 394.76 feel;
4) Tlience S 50' 54' 59" E. 92.62 feet;
5) Thence S 17 30' 40" E, 203.65 (eet;
6) Thence S 19' 45' OR" W. 250.14 feet;
7) Thence S lU' 22' O0" W, 192.51 feel;
t) Thence S 44' 55' 01' E 1 l9 52 feet;
)) Thence S R2' 30' 46 E, 269.67 feet;
10) Thence N 76" 46' OR' E 141.40 feet;
I I) Thence S 84' OR' II- E 120.42 feet:
12) Tlence S 51' 11' 12' E. 217.42 feet;
13) Thence S 7(1' 55' 07 I_ 239.71 reel;
id) Tlenee S 35' 54' 3R' E 162.R0 feel;
15) Thence S 9" U6' 17" W, 129.26 feet;
I6) thence S 41' 20' 27 C. 115.37 feet'.
1 7) Thence S 76i 13' 42" i , 102.91 feet In .1 pain( on the .vestcrly Nmndnry line of Lot IA
Second Aspen Cnmpnny Subdivision;
- . - 667 7130
incnce nlong the westerly hound-i+y of Said Sec+nd Aspen Conopany Suhdivisinn, he following
hvo (2) Mimes:
I) S 0' 27' 00- E. 471.00 feet:
?) llrence S 16 35' (Y" E. 723.90 feet to -Ilx+int nlong the north right-of-wny of Gill�pte
Avenue:
O-13 feet to
Tltrnce N 99' 58' 15' W ^long the north right-of-wny oldest right od--,v,y of saidRSixth Street
the ,vat right-of-wny of Sixth Street; Thence along the g
S (r 12' fx)- E, 199.71 feet to n �+int along the north right-of-wny of North Street-, Ttunee along
for north right-of-way of sail North Street N 75' W along said
12' (X)- W. ZG9.67 feet; Thence S 14. 47' 30'
w, ).60 feet 1n n paint on the Aspen Township lane 5-4+: -(truce N f+5' 3n' X*
Aspen Township Une. 4RR.90 feet to 1 rudrtt alone t1+e cast right-of-way of the original Mendows
Rind; Thence nlong slid cast right-of-,vny of said Mendows Rond the folt(wo+g five (5) courses.
1) N (r 54' tx1' W, 4(x1.71 feet;
2) Thence N 65' 21' 00' W, 6.72 feet;
3) Thence N T 54' (xl' W, 19.12 feet; nJittS of 1403 09 feet, a ecntr:l
4) T'hence along the irc of n curve to the right, having
ar.gle of R' 33' 12' for an arc length of 209.4G feet, having- ,vh<xe chart! hears
N 3- 22' 36' E, 209.26 feet;
5) Thence N 7 39' 12' E. 296.47 feet;
lloence N 84' 14' (10' W. 94.21 feet to the Tom Point of Beginning and Cnninining 94.536
acre more or Ins.
. I
EXHIBIT "B"
THE ASPEN MEADOWS
TRAFFIC MITIGATION PLAN
February, 1991
THE ASPEN MEADOWS
TRAFFIC MITIGATION PLAN
This plan has been prepared by the following individuals:
Committee Memherr.
King Woodward. The Aspen Insti:utc
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 t
Other Particinantr.
John Goodwin, Aspen Police Chief
Chuck Roth. Aspen Public Works Department
Jan Collins. West End Resident
Amy Margerum. Aspen/Pitkin County Planning Offict I
i
0
•
►. Introduction
667 783
During the late summer of 1939 the City of Aspen began the Drcpar_tion of :1 ritted
for the Aspen %leadow•s property. This plan. completed in January 1990. iormu
within the f rar:.work 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: \litigate, t,3 the maximum extent feasible. the effects of the do cl-
opment on neighboring properties.
Goal 4: Mitigate. to the maximum extent feasible. the project
'z 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
Seventh oals. These
inclOdedng a Lingnew tarail
new primary access Point to the West Meadows a
systm linkingandcmoro ingbthehNIAA parking dlo ssto better serve aand the est utomobiles eadows to thand transit e City's itrail the East ntcrf3ce.
liowever, the Maser Plan went even further and identified a number of mitigation
teasures, 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 Meadow's; 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 -
of The committee held seven meetings between October 30. 1990 and February 3. 1991
to discuss mitigation measures and to prepare this plan. In addition to committee mem-
bers, other residents and City cmolc;:ccs 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 twro 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 mitigatic. 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.
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nd
y In developing and implementing tF:is„fiany
le the mitigation
goal of the plan it is i mustpremann to understthe
that the Dian must be evolutionary.
mitigation measures and the details of their implementation must be flexible. requiring
monitoring and fine tuning over the years. it is recorrmended 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.
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667 ' - 785
11. Mitigation Plan for Vest Meadows Facilities
A. Background
Currently, the residential units on the-estern portion of the Aspen %Icado,-s
property. include 60 lodge units and eight townhouses. The conceptual SPA
approval included the addition of four single family residences, ten nc- three -
bedroom townho-ncs, and 50 lodge units. The purpose of these additional facilities
is primarily to better serve the group activities sponsored by the members ot
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 consid:red measures that ad-
dressed each of the primary user groups of the West Meadow's facilities: guests.
emplovees, and users of the restaurant or health club who are not staving on the
grounds.
Furthermore• a mitigation plan usualiv 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 Irs of venient to use albtern tithes to
the automobile. As will be highlighted by
the Following section, this mitigation p•nn 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
-will, occur ns a result of this plan. the committee believes that
much trip reduction
it has the potential to significantly mitigate the effects of additional generation
due toneration
The new development. The following table presents a summary of trip
ge
which might be expected from the West Meadows based on trip races t`'pical 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 dav, bringing the total trip estimate to nearly 1.100 vehicles per day. Thus, a
generation with the expanded
30 percent trip reduction would result in total traffic
Facilities equal to that which could be generated by the existing facilities without a
nature of the users of the west Meadows and the
mitigation plan. Because of the on Dlan• it is believed that. when properly'
broad -based character of the mitigati
implemented, the proposed plan will achieve these results.
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B. Elements of %litigation Plan
The following elements of a traffic mitigation )tan directed at west Meadows
Lk
related traffic have been identified.
1. Airport Von Sernire
J
A free van service to and from the airport will be provided
Description:
for guests and residents of the West Meadows. Because it is antici-
ill be prearranged, the lodge
pated that most of the guest visas
dispatch the van (a vehic:e with an approximate capacity of
will
IZ -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.
a
Phazin This service will be initiated upon opening of the renovated
1.
lodge.
r Reten^�Ihle Party. Lodge operator through agreement with Aspen
Institute.
2, Van Service to/from Town
Descrintinn: A free van service will be operated between the West
This service will be available to all
Meadows and downtown Aspen.
residents, and employees of the west Meadows, including
I
guests.
users of the restaurant, tennis courts, and health center. The ser-
seating approximately I--
i i
vice will utilize a relatively small vehicle,
The service will be a regularly scheduled service
16 passengers.
with frequent headways. During the high season, this route will run
from early morning to late evening on one-half hour headways.
will be adjusted for applicability to each season, and
i
The schedule
on an -on demand' basis during certain seasons.
may be provided
{n Phazin The basic service described above will be initiated with the
will be monitored. and
opening of the renovated lodge. Its usage
meet the demand of the
r . the service will be adjusted as necessary to
patrons.
Receonsible Party. Lodge operator through agreement with Aspen
Institute.
a J. Chartered Vehicles for Group Activities
w Description: When appropriate. group activities either leaving or coming to
will be served by chartered vehicles arranged by
the West Meadows
the management of the West Meadows. By providing this service.
number and/or size o f
management will be better able to control the
-' serving the participants in such activities. Furthermore.
vehicles
encouragement of the use of this service will discourage the use of
private automobiles by participants.
S
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1 w-
- 667 7138
Phacin : This service will be provided with the first organized groups
using the West Meadows.
Resnoncihle P^rt.^ Lodge operator.
I. Guest Parking
Descrintinn: 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.
Phasine: See construction schedule.
Responsible Parts: Aspen Institute
5. Trail System
Descrintinn: 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 Citv'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.
Resnoncihle Party: Citv and the Consortium.
S, llicycle Facilities
Descrintinn: 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).
Phasine: 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.
Respowdlile Partr. Lodge operator.
6
71 667 789
7. Promotional Materials
Description: All promotional materials for the West Meadows lodge will
emphasize the availability of the van service. will encourage wnN-
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.
Phases: This message will be included in all promotional materials
published for the renovated lodge.
Responsible Party: Lodge o:-!rator and Aspen Institute.
S. Employee Park,ng
Descrintion: Limited employee parking will be provided on -site. This
parkins{ will br available only for employees for whom vehicles are
essential fir t',r execution of their jobs and for employee carpools
of 3 or more ;:rcons. 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 a ith the regular-
!y scheduled van service to Town or as a separate operation.
Phasine: This measure will be implemented with the opening of the
renovated lodge.
Resnonsible Party: Lodge operator and Aspen Institute.
9. Coordinatian with Potential Rail Service
Descriptlon: If passenger -rail service does materialize on the Rio Grande
right-of-wny, 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.
Phasine: To be implemented with the initiation of rail service.
Responsible Party: Applicant and Rail Service Operator
7
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10. DelireryTrt=L Restrictions
Descriollon: Because of the expected infrequency of large vehicle deliveries
to the West Meadows property (approximately J 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 - 11:00 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.
Phtsin : The time of day and route restrictions will be implemented upon
opening of the renovated lodge.
Responsible Party Lodge operator and Aspen Institute.
Ll
^.i i c E.: t ' ?:-. c ' }i • F'l 667 _ _ 791
III. Mitigation Plan for MAA Facilities
A. Background
The NIAA facilities. located on the eastern portion of the property• will include
_
rearranged seating in the tent and a new rehearsal facility to accommodate rehears-
important to note that the modifications to the
als and small performances. It is
the size of the audiences: they will simply
performance tent will not increase
improve the seating conditions for the audiences.
Although there are students and faculty associated with traffic related to the NIAA
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
I
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
is implemented and
further expansion of these earlier efforts. As the program
,
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
t
several measures.
c
I. Promotional Materials
,I 1
Descrintion: Promotional materials (including maps distributed by MAA
will encourage use of transit, bicycles. or walkways to access the
concert site.
Pha in : These efforts have alreadv been initiated and will be continued.
Responsible Party. MAA
Y
z. Pedestrian/Bicycle ways
Description: An enhanced system of routes exclusively designated for use
1
h
by pedestrians and bicyclists to access the concert area will be
implemented. This system will include:
s
o Continued designation of the Lake Avenue
j
pedestrian/bicycle way.
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9
to _ t'. Rt 667 ". 792
att
Fourth Street will be closed to automobile traffic from
o
Gillespie Street to Main Street for approximately one hour
before and one hour after major concerts. Prior to concerts,
t+ the street will be for pedestrian/bicycle use only. After the
concerts, it will used for pedestrian/bicycle traffic and fnr
buses leaving the MAA grounds. Allowing buses to use this
route after concerts will separate the buses from automobile
t�
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
n design of the MAA parking lot provides for a continuation
of the pedestrianway from Fourth Street to the music tent.
,
Facilities for bicycle storage during concerts will be pro-
o
vided in the vicinity of the tent.
lmplementation: It is anticipated that the Fourth Street closure will be
implemented during the next concert season. The bicycle storage
improvements to the MAA
facilities will be provided with the
parking lot.
Responcihle Part.. MAA and City.
3. Enhanced Transit Serrice
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
Enhanced
special MAA bus runs, will continue to provide service.
will be provided at the Rio
r
.'
signing and bus service information
_ Grande parking garage to direct patrons to the bus stop on Nlain
Street.
Prior to a scheduled concert, large buses (unless carrying a greater
o
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
1
shuttle which will be circulating on Main. Fifth. Gillespie,
vehicle
and Third Streets. This vehicle will be a compressed natural gas
for one-half to one
_ powered vehicle and will operate approximately
hour before the concert.
— Following concerts, buses will stand by on Fourth Street or at the
concert goers back to the
transit stop in the parking lot to transport
center of town.
10
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o The NIAA parking lot has been designed to provide a location for
buses to load and unload passengers while removed from Gillespie
A 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 system at
Fourth and Gillesptc.
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.
J, Truck Restrictions
Descrintion: Although the number of large vehicle deliveries to the MAA facilities i
is very limited• it is recommended that all such vehicles will be restricted to -
i using Third Street only between the MAA grounds and Hain Street. \I.AA
will enforce this limitation with their %ehicle drivers. I e
Phasine: These restrictions will be ;mplemented during the next concert season.
Responsible Party: MAA I
5. Residential Parking Permit Program
I
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
L institute paid parking in their lots in connection with this plan. Permit
r'. parking may require issuance of vehicle stickers for a fee. installation of
appropriate signage, and City enforcement.
�a Phasing : 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 \IAA. City and west End residents.
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EXHIBIT "D"
s�rrr nYFF 110USiNG DF.DiCATION
TIIIS DEDICATION, is made and entered into as of the day of
199_, by
("Owner"), with reference to the following:
wIT_NFSSF,Tt1:
NVIIEREAS, Owner is the record owner of the following described real
property (the "Property"), to wit:
Lot _, The Aspen Meadows Subdivision, according to the
Aspen Meadows Final S.P.A. Development Plan and Final
Subdivision Plat recorded in Book _ at Page _ of the
Pitkin County, Colorado real property records
NVIIEREAS, pursuant to the provisions of the Development and Subdivision
Agreement "The Aspen Meadows" Specially Planned Area recorded in Book _ at Pages
er seq. of the Pitkin County, Colorado real property records, ("Development
at this time to dedicate the Property to specific employee
Agreement") Owner is required
housing restrictions and guidelines; and
WIIEREAS, Owner desires by this instrument to effect such dedication
upon and with respect to the Property.
NOW, TIIEREFORE, 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 time,
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 condominiumized.
•
•
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 pr.or to the inception of a_ny tenancy or occupancy. The
Owner of the Property shall have the right to select tenants for the
Unit provided that, in all cases, sech 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 thr. 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 tcnant(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 Asm.:n, Colorado, and duly recorded in the
Pitkin County, Colorado real property records.
2
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G6. 667 7G 797
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:
,..... h,.,.. %";, . . M
3
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.1- nr. r!I 667 -r, 798
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 applicants 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 oppormniry for energy conservation occurs in the types of materials
specified in the construction of the building envelope. An infiltration barrier wrap such as
'TyvW' will be installed around the entire building exterior which will significantly reduce
infiltration. All penetrations of the wrap will be carefully caulked and scaled 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
It
. A•__ � 1j ��i
• 15 per:ent higher than sxtcrior levels
but will tend to hold interior humidity levels at least 10 to
resulting in a greater degree of occupant comfort at lower roorrf temperatures. All penetrations
of the vinyl vapor barrier at windows. doors. wall switches and outlets will be scaled. With the
individual units scaled 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 frame to cut down on air infiltration in these :
locations.
(2) Glazin;•
Skylighting will be encouraged to assist heating by passive solar gain. All of the
"R" value practical. Glazing located
;lazing in this project will be selected with he highest
within six fees of the floor will be low "E" We to enhance the warmth radiating between
e of low ,E'• glass will permit a significant improvement in the
occupant and glazing. The us
i•
occupant's sense of comfort because of its effectiveness in trssduatsng interior warmth ;
(3) Passive Solar Shading Devices:t
r'
• Herbert Bayer installed sun screen aellises on the trustee units to protect the
South and Nest exposures from excessive overheating. These same devices will
be used on the new Trustee House and townhomes to minimize heat gain in the
,(
occur on all South and Nest elevations of both
occupied spaces. Thee will ++1
d.
buildings which am 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
will be insulated to a minimum of:
R-g Duct insulation:
R-3,7 Pipe Insulation:
R-6 Insuladon on recirculation hot water pipes
Progrtmrnable set -back thermostats will be used for each heating zone. Outdoor
;wimming pools and hot tubs. if any, will be provided with insulated covets.
(5) Lighting:
Both interior and exterior lighting will be specified utilizing the latest in energy
efficient b'ilbs. Whether incandescent or fluorescent. high lumen outputRow, 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, daylighnng 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 glaring 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 2 points).
Considering the extent to which the proposed development will use water conservation
technique: such as water conserving plumbing fixtures or wastewater reuse systeris or will
r
•
•
667 801
ri i 1 f;r r,r.. C.
conserve surface water resources throu;h irrib lion. sprinkling, aterponrig and similar site
enhancements. and considering whether the applicant dedicates water ri ghu to the City of
Aspen.
Efficiency in domestic water use will he achieved by udlirine water efficient shower heads.
. Maximum flow criteria for water -using appliances are as
faucet aerators zrtd flush toilets
follows:
Shower heads 2.5 GPn
Is
Faucet aerators 2-5 Gpm
Toilets 2,5 Gallons per flush
putt the years. he existing irrigation ditches have t+ccn used to wale: a portion of the
lawns and S�dC1$ at the Meadows. At other times domestic water has been used 'xcause of
inadequate maintenance of the ditch system. For instance, domestic water has been used
grounds in recent years. The non-profit org
anizadons have agreed
exclusively on the Institute-
that in the future, the lawn and garden areas within their parcels will }, maintained with
Irrigation water. This will assure chat Lcated water is conserved and these wa:cr rights arc proterea. The limited lawn yeas of the residential projects will also be irrieat=d to this fashion
if adequate water is availablz and the water can be effently delivered to these sites -
if
(c) a ir. (Maximum 2 points). ualit including but
Considering the effect of the proposed development on vCes than r l owed�by law will be
not limited to whether fewer or cleaner wood -burning
installed; whether existing dirty burning dcvicestwi are 11 e emploved onrthe unpaved areas;
burning devices; whether dust prevention measures
and whether any special emission control devices are used.fuz Iaces in the existing
In keying with Aspen's clean air standar ds, the g wood -burning P
Trustee Houses will be converted to g,u-log fueP
laces. It is also anticipated that gas -log
fircpiacu will be provided in the 1. new residential units, if this can be done in compliance with
' ��,.• .�4r .,�.}N•I�r,,�,� .��,'4 r_.*•; :'l�, t':v ''. � t �r �..k„` ..,.`�,,,�� ?.:v+�,w;;,or�•. { ,_ �, !.,•�T'...
Si1vi
r•] tl in Cnty Cl �,rl D^� •b•����
ing and similar site
conserve surface water resources through irrigation,t edicates water rights to the City of
enhancements, and considering whether the app
Aspen.
Efficiency in domestic water use will be achieved by utilinng water -efficient shower heads.
faucet aerators and flush toilets.. Maximum flow criteria for water -using appliances are as
follows,
Shower heads '.5 Gpm
Faucet aerators 25 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 msidential projects will also be irrigated in this fashion
if adequate water is available and the water can be efficiently delivered to these sites.
e
- ... ... 667 C• 803
P.XNIDIT "F"
APPROPRIAE TECHNOLOGY ASSOCIATES
Sulur Ensrgy for Surlainahlt Dtveloprnenf
J Nay 11391
IC• Fred Smith, Vice Prosident
Aspan.akiinq Carlorat on _
P. 0. Box 1240
Aspen, CO 81612
Dees xr. Smith, I►r_i oni i
Ay gnazgy Consultant I ha.Ve been raga Bated by Backen, 9
r + r and to energy
Ross, A:erhiteoto to sta-Ze deaiQn Ica.s in e9
af0iaiency in -.hq Aspen Keadows project.
one2V ef_icianoy Will be a high Priority in them p� ooraana
lcdga units, NO Will andsavor to exc!�n e ca�ria as Q•vsn in
Criteria as Well as the systems g the Model tni Code, i�s9
ChaPt,= s 4 and 5 resDectivaly a2 lords Ct eY:i sncY, we nra
Edition. In order to meet our dig r`=3tagias for the design,
evaluating a numbs= of energy ff
inaludilwi
1. )iiah �for•itince glazing products auoh as Lcv-t and/or Heat
Mirror to ninimira heat loss and oPtiniaa control of solar heat
gain from glazed areas.
2• super insulation taohniqu85 for Walla, roof and :leer. to
mini�ai2o the building,2 h,latinq requireasnta.ies to jn
J• )tir imxaQe reduction strategmi.aize uncontrolled
infiltration/axfiltrat'_on of air throu711 the building envelope.
A. Rant recovary ventilation to avoid 'noisture Problems often
asaoolated vita tight conot:uction as Wall as to gu
provide rairad
fresh air roquiramsnts Without theassoeiated heat loss.
s, Higqh ailiciency haatiM ryetdms and Controls t0 maximize energy
eltiaiency, 000%fort ana indoor air quality.
Q, High Efficiency I,ightiaq iyatana to provide high quality I ght
at the lowtat operatinq and liter cycle cost.
ide dnoumentation of =Y tnorgy analysis end
I will prov a design, in accordance with the provisions
rseoaVs:sdations for th q
of the model Ibnergy Coda.
I
Xenneth A. 016o1%
Aner—.7y Consultant
4
i 667 804
APPRopRiATE
T
LOGY ARMTESri.CHN,
Solar finrrgy f„r Tuttalnabtr Drvtloptnent
1201 Mr. pred Stith, vioa presid ant
Aspen sxiing Co2pany
xr. Kan Archu-letta
Baoken Arigoni & Rooa,Inc.
Mr. gtave lanips Dept.
City .of Aspen, Building
noxi %en Olson, APprepriate TachnclogY Assoaiata■
�1 ABPEN ZNGTITUTE, XPADOWS LODOX
2 August 1901
All Inargy Consultant, I have Provided ongohave ing analysis and
�assnandations for the Aspen Msadowa jtpt�ho evaluated
building envelops
final design •p+cificationc with regardrode.,
and its cumpliancs with the• Modal aner4Y
Tam building sayslo9e for each of the
ode �� arm 00 Njition Code
polapllanos with the Medsl IMSM eeatian 502. My analysis by
Compliance is satisfied as rewired by
CoCe Bsction is as follower
e02.1 ' lnergy �,nai7sis
The buildings in this project satisfy the requirements 0.0 chapter
i� amd are tharrora aYcepted Cron the ' TSQuiras81.X are iiublef only Section
Cna
402. Th � under b000 Square featt
er
building in float area and therforc do not
apply to this project.
501.2 Critaria fer, aroup R buildings
?or the purpose of this Cods,' the°• buildingst being residential in
nature and three or less stories in height are olassifiiid Group R,
Type A-2.
503.2.1.1 1&lies
�QU6tion 1 and do not exceed
Tha U, o! the Malls was dot'+r,:4nad by in Table 502.2.1 and as
the value of 0.20 D#1 Or t g io,000 Annual
determined by ligurm ti of chapter Bawn rsud
Heating Degree-days. Uo Valuaa ae determined for each of the
buildings are given in Table 1 of this report•
;,Ire
-_ Fr, �`�' `. _. •:.':tom.
502.2.1.2 sooli
The Uo Of the Root van determined by Lquation 2 and doea not --od
the value of 0.025 Btu/h--- giiven in Table '502.2.1 and as
Cateralnad by Flqure /2 of C`sapter seven using 1or000 Annual
Heating Degres-days. U. valuer as determined for each of the r
buildings are given in Table l.of this report.
i02. f .1.3 Moos over unbeat.ed• spaces; {
T$e•Qo of the Floors over u>Tleated crawl apacea do not exceed the
value of 0.05 Btu/h-ft2 giv4,-n in Table 502.3.1 and as determined by
ligurs 06 of Chapter Seven Laing 10,000 Annual Heating Degree-days. ,
Uo valuea as determined for aach of the buildings are given in
Table 1 of this report.
f02.8.1.1 Slab -an -grade floors:
This Section does not apply as there are no slabs -on -grade for rlll'
r
heated spaces.
i
202.1.1.9 Crawl i3►a0e Wallel
r}
This section does not apply as there are crawl 'spaces bolov
uninsulated floors. +'
202.2.1.6 Basemeat Walla: .�
The exterior basement walla below uninsulated floors in building 16
ara.iraulatad to 2-20 (U- 0.05) Which More than satisfies the U- ,
value of 0.06 raquirsd by Table 502.3.1 and 'iguro 0 of Chapter {
Coven using 10,000 Annual Pleating Degree-days.
502.3.2 Cooling Critariai
The required standards of this saetion have boon rare than
satisfied by oomplianoe with previoua sactiOns.
302.4 Air Leakagar
Marvin vindows and doers are specified and have air irifiltration
rates which are lose than the 0.34 cfn (per foot of oporable saah
cracX) for windows and o.5 cfm (per oqua+-e Loot of area) for doors.
NEW
667 ", 806
MALI I
ACTUAL Ue
as detbMinOd for Bach building
CODE
x=UIRZXMCT
$1 03
04
#7
WATZS U
0.20
.14 .14 .18
.13
7.7
.14
7.1
.19
5.3
.14
7.1
5.0
7.1 5.6
PAM
0.025
0-3 -.032 -022
.022
&5.5
.024
41.7
.020
50.0
.02L
47.6
40.0
.-.5 45.6. 45.5
U
0.06
.033 -033 033
;0,0
.033
30.0
.033
30.0
-033
30.0
-023
30.0
It
20.0
.30.0 30.0
N/A
N/A NIA N/A
N/A
N/A
N/A
N/A
SLAB
O.C6
MIX N/A
N/A
0-05
N/A
BKSEmzn
rr '
OV
aypyyM,CZVTA"f ZyrC%XXT'
TyDiotil ppaejaa lull section
0.17
mcternal Air Tile _
. M . acrylic Plantar
1" Phenolic ?can Rigid Insulation 0;56
s/s" gyp Bd• 19.0
6' F berOlasa Batt Insulation ,46
1/2" Gyp Dd 0.68
Interior Air Fill
28.86 y7•57 r
TOTAL 2-valua 0.035 o.036•
:7-valua
r overall U-Value adjuatad for 2X fr=inQ
'typical Roof section
0.17
Exterior Air TUx _
pYpalon Mazbran* 0.77
S 8 plywood gheathing 47.3
15" Tibar42ase Batt Insulation 0.56
0/e• dyD Bd. 0.61
Interior Air Vila
49.61 46•76 r
TVTA , R-Value 0 020 o.011 •
U-value
• 16' °•O•
overall U-value ad;lusted for :X •.raming a
Tppioal olasing "nit
specifications for llvithaovoralleU-valuoozwindn0.as6rtR Sts'aro apeoi_'iad
to be OuVPlild
mical sky"Tht
Skv114hta re specified to '3e supplied with maxL•num overall U-value
of 0.30 (W�ntar value)
ypanlrel Bactions
TyplCal Insulated spandral Socticne are apecified to have a ninimis
R-value of 10.
�r 1l,: LS, •.Nl �• •�'N•r Ni..` ,-h'`N !I• .Y S+�r:Ti'�F�11:'r. � _�:�/� ..
,
-.r7-_- i�! i �•1/S� ;h: Res [:4 667 , sOe
_
tt
EX1iIBIT "G"
PERFORMANCE HAIL
}SAX/REHEARSAL
ENERGY CONSERVATION DESCRIPTION
The new Music Hall will incorporate many energy conserving
to makesttegies the ost
features. These features should combine
he formthe
its type. energy a
efficient structures of
both design features and high technology
building involve
solutions.
A. Design
will be
of the
1. Approximately 80-85feature
a
below grade, a sign ficantbanddwellgprovene
the heat load in the winter and
that will lessen
cooling in the summer.
a
the main hall will be essentially
2. For acoustic reasons
This will have the effect of
a double wall structure.
effective thermal as well as
creating an unusually
acoustic barrier.
3. Incorporated will be more standard design features
reflective roof materials
such as air lock en tr s.,
glass
and low emissivity
B. Technological
�.
engineer as a consultant1,
1, We will be using a mechanical ive
effetthe
known for innovative and
who is well will include
solution to HVAC problems. They
techniques, such
d
latest high efficiency equipment and
ultra high efficiency
rf
f
as warm air recovery systems,
boiler systems, etc.
2• We will design lighting using the latest techniques in
I
ination where ever possible.
high efficiency illumIt
traditional lighting sources may
is possible that more
the main hall to eliminate ballast
be required in
noise.
low water usage fixtures in the new
3. We will specify
restrooms.
CONCLUSION
Hall will be a state-of-the-art frl r t y to
The new MAA Music
In addition, we will give high priority
of
every respect- throughpotation
operatmiln9
3,
reducing overall chnique�
appropriate ener conservation
every
May 10, 1991
•
. .. N:.•�u'., w 1i' .fir . •.� . •. -
�'1.
EXHIBIT "H"
March 21, 1991
Ms. luny 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 _ntended as clarification to Item 26, page
32, in the Aspen Meadows Final Submission Document, in so
far as this ses the
and development tonnnativ
ruction
e vegetation pontf theAspentMeadows
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.
•
•
is _ � 'ls. ._r:. �. �`. _. •,-'� ....1..•..� ,
667 ( 810
Ms. Amy Margerum
March 21, 1991
Paae 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. :•lith 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 quidelines 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
Principal
DE/la