HomeMy WebLinkAboutcoa.lu.sp.Aspen Meadows.A057002735-121-29-007 A057-00
y Aspen Meadows SPA Amendment
Lot 7 Aspen !Meadows Subdivision
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CASE NUMBER
A057-00
PARCEL ID #
2735-121-29007
CASE NAME
Aspen Meadows SPA Substantial Amendment
PROJECT ADDRESS
Lots 7, 8, 9, 10 Aspen Meadows Subdivision
PLANNER
Sarah Oates
CASE TYPE
SPA Amendment
OWNER/APPLICANT
Evan Korn
REPRESENTATIVE
DATE OF FINAL ACTION
5/22/00
CITY COUNCIL ACTION
Reso. 64-2000
PZ ACTION
ADMIN ACTION
Approved
BOA ACTION
DATE CLOSED
8/18/00
BY
J. Lindt
W Cc, uAIA41
PARCEL ID: 2735- 221-29007 DATE RCVD: 5/8/00 # COPIES: F CASE NO A057-00
CASE NAME: IAspen Meadows SPA Substantial Amendment PLNR: I Sarah Oates
PROJ ADDR: Lots 7. 8, 9, 10 Aspen Meadows Sub CASE TYP: SPA Amendment STEPS:
OWN/APP: Ev
REP:
FEES DUE.
ADRIPO Box 7722
ADR:F-
REF:
MTG DATE REV BODY PH NOT
1
CIS/Z:lAspen/CO/81612
C/S/Z:
PLAT (BK,PG):���r
CITY COUNCIL:
PZ:
BOA: r
DRAC: I
ADMINA A
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RESOLUTION NO.64
(Series of 2000)
RESOLUTION OF THE ASPEN CITY COUNCIL
APPROVING A SUPPLEMENT TO THE ASPEN
MEADOWS SPECIALLY PLANNED AREA (SPA) DEVELOPMENT
AND SUBDIVISION AGREEMENT RELATED LOT 7,
ASPEN MEADOWS SUBDIVISION
Parcel ID #2735-121-29007
WHEREAS, pursuant to the Aspen Meadows Specially Planned Area Development and
Subdivision Agreement the Aspen City Council is authorized to consider the appropriateness of
something other than an on -site Accessory Dwelling Unit deed restricted to mandatory occupancy
for housing mitigation; and
WHEREAS, the Community Development Department received a request from Robert and
Audrey Holmes represented by Francis Krizmanich to provide a Category 2 off -site affordable
housing unit to be added to the Housing Authority's inventory of ownership unit, as well as
maintain a 500 square foot voluntary Accessory Dwelling Unit on -site; and
WHEREAS, the Community Development Department and the Housing Authority have
made a finding that allowing the applicants to do this in lieu of the Category 1 on -site ADU is in
the best interest of the City; and
WHEREAS, the applicants are permitted to build a 4,540 square foot single family
residence which includes an on -site Accessory Dwelling Unit of 500 square feet, which must be
rented under the low income guidelines of the Housing Authority.
NOW, THEREFORE BE IT RESOLVED by the City Council:
That the supplement to the Aspen Meadows Specially Planned Area Development and Subdivision
Agreement related to Lot 7, Aspen Meadows Subdivision be approved with the following
conditions:
1. The off -site unit is an ownership unit versus a rental unit. If a rental unit, the unit remains a
Category 1. If the unit is an ownership unit, which is preferred, the unit would be upgraded to a
Category 2 unit with a maximum sales price relating to how many bedrooms are in the unit.
2. The off -site unit is equal to or exceeds the resolution requirement of at least a 500 square foot
one -bedroom unit.
Gl %r V') ti' _ -! I _ -
3. The off -site unit is inspected and approved by the Housing Office.
4. The off -site unit is in the downtown core or other location meeting the intent of the Aspen Area
Community Plan and/or criteria of the Interim Citizen Housing Plan; i.e., proximity to
employment centers, shopping, transit, etc.
5. The off -site unit is deed restricted prior to Certificate of Occupancy approval for the dwelling
unit on Lot 7, Aspen Meadows Subdivision, and is sold through the Housing Office under the
general lottery.
6. The existing on -site deed restricted unit will not be released until such time a replacement unit
is found. It is preferred that the existing unit still remain a deed restricted type unit. -but that it
carry the accessory dwelling unit designation — which allows the unit to remain empty and if
rented, there is no maximum rent that can be charged.
7. If the off -site unit is an existing dwelling unit, it falls under Part III, Section 12. of the
Aspen/Pitkin County Affordable Housing Guidelines, which states:
A. Pursuant to the applicable City or County Land Use Codes, an applicant for a
development, under certain conditions and subject to certain requirements, may
satisfy the affordable housing requirement by deed restricting existing unrestricted
housing to comply with the Guidelines. Acceptance of existing units shall be at the
sole discretion of the respective governing body upon recommendation of the
Housing Office.
B. If accepted by the City or County, existing units must be upgraded in accordance
with the following criteria, unless a variance from these requirements is approved by
the applicable governing body upon the recommendation of the Housing Office: all
units must be freshly painted; all appliances must be purchased within the last five
years and be in good condition and working order; new carpet shall be provided
(unless carpet has been purchased in last five years and is in good condition and
repair); the exterior walls shall be freshly painted within one year of dedication, a
general level of upgrade to yards and landscaping shall be provided. and, windows,
heating, plumbing and electrical systems, fixtures and equipment shall be in good
condition and working order. The roof must have a remaining useful life of at least
ten (10) years. All units shall meet Uniform Building Code minimum standards,
any applicable housing code or, in the absence of an adequate code, such recognized
housing code acceptable to the Housing Office and shall be approved by the
Housing Office and verified by a qualified Building Inspector accepted and
approved by the Housing Office. Applicant shall bear the costs and expenses of any
required upgrades to meet the above standards as well as any structural/engineering
2
C1
reports required by the Housing Office to assess the suitability for occupancy and
compliance with the Housing Office standards of the proposed units.
APPROVED by the City Council at its regular meeting on May 22, 2000.
Attest:
Kathryn Ko
City Clerk
Mayor:
3
Richards
•
•
MEMORANDUM
TO: Mayor and City Council
THRU: Steve Barwick, City Manager
Julie Ann Woods, Community Development Director
FROM: Sarah Oates, Zoning Officer
RE: Supplement to the Aspen Meadows SPA Agreement regarding
Lot 7, Aspen Meadows Subdivision
DATE: May 22, 2000
SUMMARY:
As part of the Aspen Meadows Specially Planned Area (SPA) Agreement approved
by the City of Aspen in 1992, Lots 7, 8, 9 and 10 were approved as free-market lots
for a single family home per lot. As part of the approvals the owners are required to
build an Accessory Dwelling Unit (ADU) of 500 square feet above grade. The ADU
in each residence is required to be deed restricted to the low income rental guidelines
(Category 1) as determined by the Housing Authority. The ADUs are required to be
rented to a renter of the owner's choice. Each lot was allocated 500 square feet of
floor area for the purpose of providing an ADU. Currently, only Lot 7 is developed
and has the required ADU. The other three lots have not been developed.
The applicants are requesting a supplement to the SPA agreement that would allow
them to purchase an off -site housing unit that would be added to the Housing
Authority pool of units for sale, and maintain the ADU at Lot 7, Aspen Meadows
Subdivision as a voluntary ADU. See Exhibit "A" for the recommendation from the
Housing Authority.
Staff supports the proposal to provide an off -site, deed -restricted unit, and a
voluntary ADU at Lot 7, Aspen Meadows Subdivision.
APPLICANT:
The applicants are Robert and Audrey Holmes, represented by Francis Krizmanich.
REVIEW PROCEDURE:
As part of the Aspen Meadows SPA Development and Subdivision Agreement it
states:
At the time of application for a building permit for any residential lot the
City shall, if so requested by the lot owner, consider the appropriateness
of accepting, instead of the accessory dwelling unit on the lot, cash in lieu
thereof or an off -site employee unit. The decision shall be at the reasonable
discretion of the City.
STAFF COMMENTS:
The recommendation from the Housing Authority has been included as Exhibit "A."
The application has been included as Exhibit `B." The section of the SPA Agreement
pertaining to Lot 7 has been included as Exhibit "C" (page 33).
RECOMMENDATION:
Staff recommends the City Council approve the supplement to the Aspen Meadows
SPA Development and Subdivision Agreement with the conditions listed in
Resolution _ of 2000, and outlined in Exhibit "A."
RECOMMENDED MOTION:
"I move to approved Resolution _ of 2000, a supplement to the Aspen Meadows
SPA Development and Subdivision Agreement with conditions."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
Exhibit A —Housing Authority Memo
Exhibit B—Development Application
Exhibit C—Section of the Meadows SPA Agreement related to Lots 7, 8, 9 and 10
cAhomeWmain j\mes&wC.&o
2
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E
RESOLUTION NO.64
(Series of 2000)
RESOLUTION OF THE ASPEN CITY COUNCIL
APPROVING A SUPPLEMENT TO THE ASPEN
MEADOWS SPECIALLY PLANNED AREA (SPA) DEVELOPMENT
AND SUBDIVISION AGREEMENT RELATED LOT 7,
ASPEN MEADOWS SUBDIVISION
Parcel ID #2735-121-29007
WHEREAS, pursuant to the Aspen Meadows Specially Planned Area Development and
Subdivision Agreement the Aspen City Council is authorized to consider the appropriateness of
something other than an on -site Accessory Dwelling Unit deed restricted to mandatory occupancy
for housing mitigation; and
WHEREAS, the Community Development Department received a request from Robert and
Audrey Holmes represented by Francis Krizmanich to provide a Category 2 off -site affordable
housing unit to be added to the Housing Authority's inventory of ownership unit, as well as
maintain a 500 square foot voluntary Accessory Dwelling Unit on -site; and
WHEREAS, the Community Development Department and the Housing Authority have
made a finding that allowing the applicants to do this in lieu of the Category 1 on -site ADU is in
the best interest of the City; and
WHEREAS, the applicants are permitted to build a 4,540 square foot single family
residence which includes an on -site Accessory Dwelling Unit of 500 square feet, which must be
rented under the low income guidelines of the Housing Authority.
NOW, THEREFORE BE IT RESOLVED by the City Council:
That the supplement to the Aspen Meadows Specially Planned Area Development and Subdivision
Agreement related to Lot 7, Aspen Meadows Subdivision be approved with the following
conditions:
1. The off -site unit is an ownership unit versus a rental unit. If a rental unit, the unit remains a
Category 1. If the unit is an ownership unit, which is preferred, the unit would be upgraded to a
Category 2 unit with a maximum sales price relating to how many bedrooms are in the unit.
2. The off -site unit is equal to or exceeds the resolution requirement of at least a 500 square foot
one -bedroom unit.
3. The off -site unit is inspected and approved by the Housing Office.
4. The off -site unit is in the downtown core or other location meeting the intent of the Aspen Area
Community Plan and/or criteria of the Interim Citizen Housing Plan; i.e., proximity to
employment centers, shopping, transit, etc.
5. The off -site unit is deed restricted prior to Certificate of Occupancy approval for the dwelling
unit on Lot 7, Aspen Meadows Subdivision, and is sold through the Housing Office under the
general lottery.
6. The existing on -site deed restricted unit will not be released until such time a replacement unit
is found. It is preferred that the existing unit still remain a deed restricted type unit, but that it
carry the accessory dwelling unit designation — which allows the unit to remain empty and if
rented, there is no maximum rent that can be charged.
7. If the off -site unit is an existing dwelling unit, it falls under Part III, Section 12, of the
Aspen/Pitkin County Affordable Housing Guidelines, which states:
A. Pursuant to the applicable City or County Land Use Codes, an applicant for a
development, under certain conditions and subject to certain requirements, may
satisfy the affordable housing requirement by deed restricting existing unrestricted
housing to comply with the Guidelines. Acceptance of existing units shall be at the
sole discretion of the respective governing body upon recommendation of the
Housing Office.
B. If accepted by the City or County, existing units must be upgraded in accordance
with the following criteria, unless a variance from these requirements is approved by
the applicable governing body upon the recommendation of the Housing Office: all
units must be freshly painted; all appliances must be purchased within the last five
years and be in good condition and working order; new carpet shall be provided
(unless carpet has been purchased in last five years and is in good condition and
repair); the exterior walls shall be freshly painted within one year of dedication, a
general level of upgrade to yards and landscaping shall be provided, and, windows,
heating, plumbing and electrical systems, fixtures and equipment shall be in good
condition and working order. The roof must have a remaining useful life of at least
ten (10) years. All units shall meet Uniform Building Code minimum standards,
any applicable housing code or, in the absence of an adequate code, such recognized
housing code acceptable to the Housing Office and shall be approved by the
Housing Office and verified by a qualified Building Inspector accepted and
approved by the Housing Office. Applicant shall bear the costs and expenses of any
required upgrades to meet the above standards as well as any structural/engineering
2
reports required by the Housing Office to assess the suitability for occupancy and
compliance with the Housing Office standards of the proposed units.
APPROVED by the City Council at its regular meeting on May 22, 2000.
Attest:
Kathryn Koch,
City Clerk
Mayor:
Rachel Richards
3
HOLLAND & HART LLP
ATTORNEYS AT LAW
DENVER•ASPEN
BOULDER • COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS • BOISE '
CHEYENNE • JACKSON HOLE
SALT LAKE CITY
VIA HAND DELIVERY
John Worcester, Esq.
Aspen City Attorney, City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Dear John:
600 EAST MAIN STREET
ASPEN, COLORADO 81611-1953
April 24, 2000
Re: Aspen Meadows SPA Approvals
TELEPHONE (970) 925-3476
FACSIMILE (970) 925-9367
THomAs J. TODD
ttodd@hollandhartcom
Holland & Hart LLP represents Robert and Audrey Holmes, the contract purchasers of
the single family residence on Lot 7 of the Aspen Meadows Subdivision. Lot 7 (along with
Lots 8, 9 and 10) of the Aspen Meadows Subdivision were all approved in the SPA
agreement for development of single family residences. Each of these four lots was approved
for a maximum FAR of 4,540 square feet, including an accessory dwelling unit of 500 square
feet.
The SPA approvals mandate that the accessory dwelling unit for each lot is to be deed
restricted for category one employee dwelling unit type lease restrictions. My clients are
interested in pursuing either a cash -in -lieu buyout or the purchase of an off -site housing unit
to trade out of the employee dwelling unit restriction.
The Aspen Meadows Development and Subdivision Agreement contemplates that the
City will, if requested by a lot owner, consider accepting a cash -in -lieu payment or an off -site
employee unit in exchange for a release of the mandatory EDU lease restrictions. According
to the Development and Subdivision Agreement, this decision can be made at the reasonable
discretion of the City.
I have included with this letter an indexed package of title documents which cover all
the references to the employee dwelling unit restrictions affecting Lot 7.
My clients' real estate broker, Mike Cooper, and I have met with Mary Roberts and
Ken Mayle of the Aspen/Pitkin Housing Office to discuss the cash -in -lieu and/or off -site
alternatives. I expect that my clients and the Housing Office will soon reach an agreement on
what an appropriate cash -in -lieu and/or off -site alternative will be, and I expect to draft a
written agreement between the Housing Office and my clients to document these
HOLLAND & H ART LLP
ATTORNEYS AT LAW
John Worcester, Esq.
April 24, 2000
Page 2
arrangements. My concern at this point is that the Development and Subdivision Agreement
would appear to place the ultimate approval on this agreement at the reasonable discretion of
the City of Aspen. In order to meet all the parties' expectations, I would like to confirm
through you that the City of Aspen will defer to the Housing Office's recommendations on
these matters. Certainly, my clients cannot take the risk of committing to making a cash -in -
lieu payment or an off -site purchase if the City of Aspen would be opposed to it.
Based on the foregoing, I would very much appreciate your reviewing the attached
land use documents and advising me of what, if any, consents may be needed from the City of
Aspen with respect to performing a cash -in -lieu and/or off -site purchase program.
Please call me at your earliest convenience to discuss any questions or issues that you
may have. Because we are under a tight time frame with respect to my clients' due diligence
period under the contract to purchase this property, whatever you can do to help expedite
this matter will be appreciated.
Sincerely,
7,
Thomas J. odd
of Holland & Hart LLP
TJT: sm
Enclosure
cc: Mr. and Mrs. Robert Holmes
Michael Cooper
Francis Krizmanich
Mary Roberts
Ken Mayle
2653274_LDOC
•
APR 2 5 2000
ASPFN I P1TKIN
COMMUNI-fY DE
April 25, 2000
Thomas J. Todd, Esq.
Holland & Hart
600 East Main St.
Aspen, CO 81611
Re: Aspen Meadows SPA Approvals
Dear Todd:
0
THE CITY OF ASPEN
OFFICE OF THE CITY ATTORNEY
This is to acknowledge receipt of your letter dated April 24, 2000, in which you seek
guidance on the proper process to follow to obtain City consent for -cash -in -lieu of on -
site construction of accessory dwelling units.
My recommendation is that you speak with the City's Community Development
Director, Julie Ann Woods, to schedule a meeting before the Aspen/Pitkin County
Housing Authority for their recommendation and then a meeting before the Aspen City
Council for adoption of a resolution.
I understand that you would prefer to have me simply allow this consent to be deferred
to the Housing Authority. I do not have the authority to permit this shortened process.
It is quite clear to me that the Subdivision Agreement envisioned the construction of
ADU's on site, but kept open the option for the developer to seek approval from the
City Council to alter. that requirement. Only the City Council can consent to. a change
in the requirements for ADU's. I hope this - does not cause your clients any
unreasonable delay, but it may ultimately be in their interest to have an official
resolution approving their proposed change in meeting the affordable housing
requirements for this project..
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 - PHONE 970.920.5055 • FAx 970.920.5119
Printed on Recycled Paper
Thomas J. Todd, Esq. • •
April 25, 2000
Page 2
If you have any questions, please let me know.
Sincerely,
John P. Worcester
City Attorney
cc: Community Development Department
JP W-04/25/2000-G:\john\word\letters\todd2.doc
APR 20 199 02:22FM ASPESING CFC
�9gb��l
OCCUPANCY DEED RESTRICTION AND AGREEMENT
FOR AN EMPLOYEE DWELLING UNIT
APPROVED PURSUANT TO ASPEN PLANNING &
ZONING COMMISSION RESOLUTION NO. 91-10 AND
CITY COUNCIL ORDINANCE NO. 14 (Series 1991)
THIS AGREEMENT is made and entered into this day of April, 1999, by Medicine
Bow Equity Ventures L.L.C. (hereinafter referred to as "Owner ), whose address is 660 Meadows
Road, located in the County of Pitkin, and the Aspen/Pitkin County Housing Authority (hereinafter
APCHA), a multi -jurisdictional housing authority established pursuant to the AMENDED AND
RESTATED INTER -GOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the
records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority").
WITNESSETH
WHEREAS, Owner owns real property more specifically described as Aspen Meadows
S.P.A. Subdivision Lot 7 (hereinafter referred to as 'Real Property"), which Real Property shall
contain one "Free -Market" unit and one affordable dwelling unit to contain one bedroom,
approximately 500 square feet, approved by the Aspen Planning & Zoning Commission
Resolution No. 91-10 and Cit Council Ordinance No. 14 (Series For purposes of this
Agreement, the Employee Dwelling ni , rty, an all appurtenances, improvements
and fixtures associated therewith shall hereinafter be referred to as the "Property", and
WHEREAS, this Agreement imposes certain covenants upon the Property which restrict
the use and occupancy of the Employee Dwelling Unit to employees and their families who are
employed in Pitkin County and meet the qualification guidelines established and indexed by the
Authority on an annual basis.
NOW, THEREFORE, in consideration of the mutual promises and obligations contained
herein, the Owner hereby covenants and agrees as follows:
Owner hereby covenants that the Employee Dwelling Unit described above shall at all
times remain a rental unit and shall not be condominiumized.
2. The use and occupancy of the Employee Dwelling Unit shall henceforth be limited
exclusively to housing for employees and their families who are employed in Pitkin County
and who meet the definition of "qualified Category 1 employee" as that term is defined by
the qualification guidelines established and indexed by the Authority on an annual basis.
The Owner shall have the right to lease the Employee Dwelling Unit to a "qualified
Category 1 employee" of his own selection. Such individual may be an employee of the
Owner, provided such person(s) fulfills the requirements of a qualified employee. The unit
must meet occupancy requirements as established by the APCHA and reviewed from time
to time.
3. The Employee Dwelling Unit shall not be occupied by the Owner or members of the
immediate family ("Immediate Family" shall mean a person related by blood or marriage
wf,o is a fast cousin for closer relative) and his or her ciiddren) nor shall the Employee
Dwelling Unit be used a guest house or guest facility,
4. Written verification of employment Of employee($) proposed to reside in ft EmptoyQo
Dwelling Unit shall be completed and Clod with the Authority by the Owner of the
Employee Dwelling Unit PRIOR to o=penry thereof, and such verification must be
acceptable, to the Authority.
5_ The Employee Dwelling Unit shall be required to be rented for periods of no lase than elx
(5) cQmsecutive months. Upon vacancy of the Employee Dwelling Unit, the owner ld
grantAd fartp�ve (4n days In which to locate a gtmlifled employee. If no employes Is
placed by tha Owner, the Authority may rent tl'tQ Employee Dwelling Unit to a quatified
employee.
6, Tho rneximurn rental rate shall not exceed the CateOM 1 rental rate as set forth In the
Ran -tat Guidelines established by the Authority and may be adjusted annually as set forth
by the OuideGnes. The maximum permitted rent for the unit on the date Of axecutlon of
this dead restriction is $429 per month. Rent shah be ver`ted and approved by the
Authority upon submission and approval of the lease. Employees shall ba quagred by the
Authority as to employment only, and not maximum incorne or asset limitations,
7. The Unit must meet minimum occupancy; i.e., one person per bedroom,
g, Leese Agreements executed for occupancy of the Employee Dwelling Unit shall provide for
a rental term of not less than stx (s) consecutive months, A signed and &AaAed COPY of
the lease shall be provided to the Authority by the Owner within ton (10) days of approval
of employees) for the Employee Dwelling Unit.
B. This Agreement shall constitute covenants running with the Real prope*4 as a burden
thavon for tho benefit of, artd shall be spec fleally errformble by, tho Authority, the Board
cunt, mi9sionera of the County of Pititin, Colorado, and their respective
successors, as p�+le, eviby any appropriate legal action including, but not hefted to,
Injunction, abate nt, or dion of non-qualifled tenants.
IN WITNESS 41ROP, lh® parties hereto have executod this instrumwt on this date end
Medicine BOW
L.L.C.
(Notary on next page)
APR 20 '99 01:23PM ASPEN,&SING OFC • P.4
STATE OF COUIZ to )
h ) COUNTY i'�T ^} ) ss.
The foregoing instrument was acknowledged before me this 21 day of April, 1999, by
Medicine Bow Equity Ventures L.L.C.
PR.Y P �el/TNESS MY hand and official seal.
o
MAW mmission expires: ;:5g I g, 7-cm3
LYNN
'd KORN O
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°F coy°��o
MY Commission Expires
February 18, 2003
z��
Notaryublic
ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing
Authority,
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
By:
Frank S. Peters, Chairperson
Mailing Address: Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
STATE OF COLORADO )
ss.
COUNTY OF FITKIN )
The foregoing instrument was acknowledged before me this
1999, by Frank S. Peters.
WITNESS MY hand and official seal.
My Commission expires:
Notary Public
i
,• 3
day of
SUMMIT DEVELOPMENT CORP.
601 E. Hyman Avenue, Ste. 103
Aspen, CO 81611
FAX TRANSMISSION
To:
FAX #:
FROM: ✓�� % :�IZ��
RE:
CONINIENTS:
DATE:
PAGES:
CONFIDENTIALITY WARNING
This message is intended only for the use of the individual or entity to which it is addressed, and may
contain information that is privileged, confidential and exempt from disclosure under applicable law.
If you are not the intended recipient, or the employee or agent responsible for delivering the message
to the intended recipient, you are hereby notified that any dissemination, distribution or copying of
this communication is strictly prohibited. If you have received this communication in error, notify us
immediately by telephone and return the original message to us at the address above via the U.S.
Postal Service. Thank you.
(970) 920-1742 Phone * (970) 925-1711 Facsimile
' ■�� Sri
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FINAL S.P.A. DEVELOPMENT PLAN
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SENT BY:SAVANAH LTD PARTNER 8-21-98 ;11:17AM 3039254387-+ 92517114 2
4 4Q9-3i" �)I/ i+/7.:: 10: 1J rtCL 'a I? . :•:• WII
lvia Davis, PitF,in Cnty k. Doc
from the guaranty delivered by Savanah of the agreed estimated cost for that
portion of the improvements except that 10 % of the actual cost of the site or
landscape improvements shall be retained until all proposed site or landscape
improvements are completed and approved by the Public Works Director.
At anytime and from time to time, Savanah shall have the right to substitute for
the form of financial assurance given, so long as such substituting form meets the
requirements for form and content above set forth. Any such substitution shall
be subject to the prior approval of City Attorney in his determination.
In connection with the construction of the seven tennis townhome townhouse
condominium units on Lot 6 Savanah shall pay to the City an affordable housing
mitigation impact fee for 1.66 low income employees per unit for each of the
seven new residential units on Lot 6, in an amount to be calculated pursuant to
those fee guidelines in effect at the time the fee is to be paid. The fee shall be
paid prior to the issuance of the building permit for construction of any new
residential unit on Lot 6 and shall be paid in proportion to the number of units
sought to be permitted.
t G. LOTS 7. 8. 9 and 10 - THE RESIDENCES AT THE ASPEN MEADOWS:
Lots 7, 8, 9 and 10 are owned by Savanah and are zoned R-15 according to the Plat.
These lots currently are undeveloped. Under the SPA, Savanah has been granted
approval to develop, on each lot, a single family residence together with an ac,-essory
dwelling unit. Each lot has a FAR of 4,540 square feet, excluding 500 square feet of
garage, but including the accessory dwelling unit of 500 square feet above grade. FARs
and the definitions thereof for the residences and the accessory dwelling units shall
remain as set forth and defined in the Aspen Land Use Regulations in effect as of June
10, 1991, notwithstanding and shall survive for not less than the three year period next
succeeding June 10, 1991, any subsequently adopted reduction in or change to the
definition or calculation of FARs. The four single family units have specific building
envelopes as shown on the Plat and will be subject to protective covenants that will be
placed of reeor-1 prior to the sale of any of Lots 7, 8, 9 and 10, which covenants will,
at a minimum, I -ovide for (a) the establishment and incorporation of an association of
homeowners with a Design Review Board, at least one member of which shall be
designated by the City of Aspen Historical Preservation Commission, which Board shall
have original jurisdiction in all matters involving any change to the then existing state or
condition of any lot; (b) the manner in which each accessory dwelling unit on any lot
shall be used, occupied and rented, including the incorporation of applicable standards
and guidelines of the Aspen Pitldn County Housing Authority; and (c) the obligation of
each of Lots 7, 8, 9 and 10 and each owner, at anytime, thereof to comport with and
30
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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.
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.
�. The minimum R-15 zone district lot size per principle dwelling
unit has been reduced to 12,000 square feet for Lots 7, 8, 9 and 10.)
b) Minimum lot area per dwelling unit:
c) Minimum lot width:
d) Minimum front yard:
F i) Residential dwelling:
e)
0
g)
Accessory building:
Minimum side yard:
12,000 sq. ft.
75 feet
25 feet
30 feet
10 feet
Qi=. The minimum side yard setbacks have been reduced by the City
under the SPA to zero feet for the West side of Lot 7 and the East side of
Lot 10.)
Minimum rt ar yard:
i) Residential building:
10 feet
Accessory building: 5 feet
ote. Rear yard setbacks for Lots 7-10 are as shown on the
Plat.)
Maximum height:
31
25 feet
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w-%,O::1/'/+/_/� 10: i_ MeL ��� ar•, oor ru rbb5ia Davis, Pit�.:in Cnty C1 Doc $.00
It
h) Minimum distance between detached
buildings on lot: 10 feet
i) Percent of open space: No Requirement
j) External FAR: 4,540 sq. ft.
(>Y4.Isi. The square footage includes an accessory dwelling unit of 500 sq.
ft. and excludes a garage of up to 500 sq, ft.)
k) Internal FAR: no requirement
1) Off-street parking spaces: One space per bedroom, and one
space per accessory dwelling unit.
2. Site Improvements
a) Utilities. All telephone, electric and cable lines on the Property servicing
the improvements shall be under -rounded. All water and sanitary sewer
lines shall be designed and constructed in accordance with standards of the
City and of the ACSD and as built easements will be provided as
required. It shall be the requirement of Savanah to install all utilities to
the lot lines. "ne utilities shall be installed in connection with the
construction of the new Meadows Road.
3. Financial Assurances
In order to sr :ure the construction of the site improvements in Paragraph 2 above
and to guarai.:ee 100% of the estimated cost of such improvements, Savanah shall
guarantee by irrevocable bond, sight draft or letter of commitment or credit from
a financially responsible lender that funds in the amount of such estimated costs,
are held by it for the account of City for the construction and installation of the
above -described improvements. As a condition for issuance of a building permit
for a portion or all of the utility installation, Savanah and City shall agree on that
portion of the work outlined in Paragraph 2 above reasonably necessary to
complete the work for which a permit is being sought and the mutually agreed
upon financial assurances shall be delivered to the City prior to issuance of the
building permit. All financial assurances given by Savanah to City, in all events,
shall give the City the unconditional right, upon and following default by
Savanah, notice thereof by the City, and a forty day right thereafter to cure, to
withdraw funds as necessary and upon demand to partially or fully complete
and/or pay for any of such improvements or pay any uncontested outstanding bills
for work done thereon by any party, with any excess guaranty amount to be
applied first to additional administrative or legal costs associated with any such
32
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Si a Davis, Pitkin Cnty CI* Doc $.OV
default and the repair of any deterioration in improvements already constructed
before the unused remainder (if any) of such guaranty is released to Savanah. As
portions of the required improvements are completed, the Public Works Director
shall inspect them, and upon approval and written acceptance, he shall authorize
the release 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 Iong as such substituting form meets the
requirements for form and content above set forth. Any such substitution shall
be subject to the prior approval of the City Attorney in his determination.
In connection with the construction of each single family residence there shall be
constructed an accessory dwelling unit of 500 square feet above arade. These one
bedroom units shall be deed restricted to the low income rental guidelines in
effect from time to time as determined by the Housing Authority. It shall be the
responsibility of the owners of each of the four single family sites to lease the
employee units to qualified tenants as determined by the Housing Authority. The
owners shall have the right to select the tenants. A copy of the deed restriction
form for these residential sites is attached hereto as Exhibit "D" and is incorporat-
ed herein by this reference.
At the time of application for a building permit for any residential lot the City
shall, if so requested by the lot owner, consider the appropriateness of accepting,
instead of the accessory dwelling unit on the lot, cash in lieu thereof or an off -site
employee unit. The decision shall be at the reasonable discretion of the City.
1) Access/Emergency Loop. The thirteen foot service access/emergency loop drive
serving the lodge buildings on Lot 1 shall be constructed with an all weather
surface adequate to support fire -fighting apparatus. Such access/emergency loop
drive(s) shall be plowed, cleared and maintained to thirteen foot widths at all
times of the year and particularly during the winter months.
2) Fire Protection. 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
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Davis, P'itkin cnty r'k, Doc s.0o
3) Fireplace Regulations. All residential units shall comply with fireplace
regulations as contained in the Municipal Code and enforced by the Environmen-
tal Health Department. No building permits shall be issued for residential units
absent compliance with fireplace regulations. Savanah shall replace the wood
burning fireplaces in the eight existing trustee house units on Lot 5 with gas log
fireplaces. Minor relocations of existing fireplaces shall be considered replace-
ment of existing and not the incorporation of new fireplaces. All disputes
concerning the application or interpretation of fireplace regulations to the Project
(and individual components thereof) shall be subject to review and determination
by the Clean Air Board.
4) Drainage Mitigation. Prior to the issuance of a building permit for each
component of the Project, a drainage mitigation plan for that component for run-
off during construction activity shall be submitted to and approved by the City
Engineer so as to insure against or minimize run-off into Castle Creek and the
Roaring Fork River.
5) Fiigiti,_ e Dust Control. Prior to the issuance of a building permit for each
component of the Project, a fugitive dust control plan for that component must
be submitted to and approved by the Environmental Health Department and
applicable state agencies. Additionally, a fugitive dust control plan must be
submitted and approved by the Environmental Health Department for the MAA
parking lot prior to issuance of a building permit for the MAA rehearsal/
performance facility.
6) Energy Conservation - Savanah. All energy conservation and effc:enev measures
as represented by Savanah in its GMQS application and set forth in Exhibit "E"
hereto regarding insulation, glazing, solar orientation, HVAC, and plumbing
fixtures shall be incorporated into all residential units and the design(s) thereof
must be approved by the City prior to issuance of any building permit for
residential construction. These measures shall be further incorporated into deed
restrictions and/or covenants for all single family homes and condominia.
7) Energy Conservation -Institute and MAA. Non-residential construction and
facilities shall utilize state-of-the-art energy conservation and efficiency measures
as represented by the Institute and MAA. Accordingly, detailed plans submitted
for building permits for the lodge structures and the MAA rehearsal/performance
hall must be accompanied by the energy information provided to staff in the
Appropriate Technologies Associates' letter of May 3, 1991, Exhibit "F" and the
MAA Rehearsal/Performance Hall Energy Conservation Description document
submitted to Planning staff on May 20, 1991, a copy of which is attached hereto
as Exhibit "G". The engineered thermal envelope calculation will be verified by
the Building Department according to the Model Energy Code.
34
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Ei 1 Davis,
F'itk;in Cnty
3039254387- _ _ 9_251711;# 7
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8) Fox Dens. The Consortium has constructed replacement and additional fox dens
in a manner and at locations selected in the field by the City, in consultation with
the Director of the Aspen Center for Environmental Studies ("ACES").
9) Re -Vegetation. Re -vegetation of all areas developed pursuant to the Plan shall
be implemented in accordance with those guidelines as set forth by Design
Workshop in its letter of March 21, 1991, a copy of which is attached hereto as
Exhibit "H". All re -vegetation shall be inspected and monitored by the City to
ensure that re -vegetation efforts and the protection of the same are successful.
10) Manicured Lawn 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) Construction Bamcading. Prior to excavation, temporary construction barricades
and/or fencing shall be erected within five feet of the building envelopes of the
tennis townhomes and trustee townhomes to prevent damage from falling debris
to the slope bordering the development activity unless unstable soils dictate
alternative locations mutually agreed upon by Savanah, the Building Department
and Planning Office. Prior to issuance of building permits for individual
components, the locations of all fencing and barricades shall be submitted to and
approved by the Building Department and the Planning Office. All fencing and
barricades shall remain in place throughout the construction process.
12) Amendments. Any SPA or Master Plan amendment or future development
applications submitted by any non-profit user of the Property (Lots 1, 2 and 3)
shall be applied for jointly by all non-profit property owners but need not receive
approval of the owners of Lots 5-10 inclusive. This provision shall supersede any
requirement herein or elsewhere in the Municipal Code or otherwise contained
requiring SPA submittal approval by all property owners within a Specially
Planned Area. Conversely, any SPA Amendment proposed to be submitted by
any residential owner or association thereof (Lots 5-10, inclusive) shall require,
in addition to the consent of the owners of the residential component involved,
the approval of the resident non -profits of the SPA, which approval shall,
however, not be unreasonably withheld,
13) Public Access. Public pedestrian access, excluding access to buildings, will
continue to be allowed at reasonable hours throughout the entire academic (A),
open space (OS), and wildlife preservation (WP) zone district areas of the
,j 35
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a Diavis, Pitkin Cnty C1 Doc $.cep
Property, subject to reasonable regulations as may, from time to time, be
established by the owners thereof in order to protect their property, as well as the
4f academic privacy and serenity of the campus, its programs and the health and
safety of other users and visitors.
14) MAA Parking Lot. The MAA parking lot shall be plowed and kept clear of snow
during all wintertime performances or functions at MAA facilities.
11 M,3 1 Iasi 31 qmgpw
To the extent practical and necessary, every six months following the date hereof until
the construction of all components of the Project is complete, the Consortium shall, if
requested thereby, meet with the City Planning Office for the purpose of informing the
Planning Office as to the progress in developing the Project pursuant to the terms hereof.
If the Planning Office deems it necessary, the PIanning 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.
In the event that the City determines that an individual member of the Consortium is not
acting in substantial compliance with the terms of this Agreement and/or one or more of
the Construction Schedules submitted to the City Engineering Department in accordance
herewith (a "Non -Complying Member"), the City Council may issue and serve upon the
Non -Complying Member a written order specifying the alleged non-compliance and
requiring the Non -Complying Member to remedy the same within such reasonable time
as the City Council may determine. Within twenty days of the receipt of such order, the
Non -Complying Member may file with the City Council either a notice advising the City
Council that it is in compliance or a written petition requesting a hearing to determine
any one or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, or
(b) Whether a variance, extension of time or amendment to this Agreement should
be granted with respect to any such non-compliance which is determined to exist.
36
E
Summit Development Corp.
Evan Korn
President/General Contractor
PH: 970-920-1742
P.O. Box 7722 FX: 970-925-1711
Aspen, Co. 81612 Cell Phone: 970-379.6144-
MEMO FROM SARAH OATES
ZONING OFFICER
THE CITY OF ASPEN
130 SOUTH GALENA STREET
ASPEN, COLORADO 81611-1975
TITLE DOCUMENTS
ASPEN MEADOWS SUBDIVISION
List of Documents
Document Tab No. Title of Document
1.
Ordinance No. 14 (Series of 1991) Granting SPA
Approvals for Aspen Meadows.
•See page 19, granting R-15 Zoning approval for
Lots 7, 8, 9 and 10.
•See page 22, establishing 12,000 square foot
minimum lot sizes for Lots 7, 8, 9 and 10.
The Aspen Meadows SPA Development and Subdivision
Agreement.
•See page 30, approving, inter alia, FAR and
dimensional requirements.
•See page 33, containing provisions for cash -in -lieu
and/or off -site replacements for employee dwelling unit
restrictions.
3.
Amendment to Aspen Meadows SPA Development and
Subdivision Agreement.
4.
Employee Dwelling Unit Deed Restriction.
2653261_1.DOC
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ORDINANCE NO. 14
(Series 1991)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING FINAL APPROVAL OF THE ASPEN MEADOWS SPECIALLY PLANNED
AREA (SPA) FINAL DEVELOPMENT PLAN, SUBDIVISION APPROVAL, REZONING
AND ZONING MAP AMENDMENTS, RESIDENTIAL GROWTH MANAGEMENT ALLOT-
MENT, EXCESS GROWTH MANAGEMENT ALLOTMENT, GROWTH MANAGEMENT
EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES, CONDOMINIUMIZATION,
AND VESTING OF DEVELOPMENT RIGHTS.
WHEREAS, that real property commonly known and referred to
as the "Asper, Meadows" has previously been designated a specially
planned area (SPA) on the City of Aspen Official Zone District
Map; and
WHEREAS, a master plan for the Aspen Meadows was adopted as
a component of the Aspen Area Comprehensive Plan in September,
1990; and
WHEREAS, the City has received a comprehensive development
plan for the Aspen Meadows known as the Aspen Meadows Final
Specially Planned Area (SPA) Development Plan Submission
(hereinafter the "Plan"); and
WHEREAS, on December 20, 1990, after review and approval and
upon recommendation of the Planning Department and the Aspen
Planning and Zoning Commission, the Plan received conceptual
approval, subject to conditions, by 'the City Council pursuant to
the procedure set forth at Section 24-6-205(A)(8)(b) of the
Municipal Code; and
�. WHEREAS, Savanah LiMited Partnership, in conjunction with
the Aspen Institute for Humanistic Studies (the "Institute"), the
Music Associates of Aspen ("MAA"), and the Aspen Center for
Physics ("Physics"), hereinafter jointly known as the
"Developer", submitted an application for a residential Growth
Management Quota System allotment as a component of the Plan on
Fr, } February 15, 1991; and
WHEREAS, on March 4, 1991, the Developer submitted to the
Planning Department a proposed final SPA development plan for the
jAspen Meadows incorporating requests for subdivision approval,
text amendments to the municipal land use code, requests for
rezoning and zoning map amendments, growth management exemption
for essential public facilities, conditional use Fpprovals for
attached affordable housing units, and special review approval
for parking in an academic (A) zone district; and
WHEREAS, the Developer's proposed final SPA development plan
has been subjected to review and comments by the Engineering,
Water, Parks, and Environmental Health Departments for the City
of Aspen, as well as review and comments by the Fire Marshal,
Sanitation District and Aspen/Pitkin County Housing Authority;
and
WHEREAS, the Aspen Planning and Zoning Commission has
reviewed the Developer's development plan in accordance with
those procedures set forth at Section 24-6-205(A)(8)(c) of the
Municipal Code and did conduct public hearings thereon on April
2, 9 and 16, 1991; and
WHEREAS, upon review and consideration of the Plan, agency
and public comment thereon, the review undertaken and comments of
2
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the Plan as provided by the Historic PreservF..tioti Committee
relevant to design, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division 8 of
Article 7 (Specially Planned Area), Division 10 of Article 7
(Subdivision), Divisions 2,3 and 4 of Article 7 (Permitted,
Conditional and Special Review Uses, respectively), Division 11
of Article 7 (Text Amendments and Zoning Map Amendments), and
Article 8 (Growth Hanagement Quota System), the Planning and
Zoning Commission has recommended final approval of the Plan,
subject to conditions, to the City Council; and
WHEREAS, pursuant to the Growth Management Quota Syst-2m the
Planning and Zoning Commission evaluated and scored the residen-
tial component of the Plan, consisting of fourteen (14) units, at
33.85 points, thus, meeting minimum development approval
threshold and, additionally, awarded the Plan 1.93 bonus points
as allowed under Section 24-8-106(E)(6) of the Municipal Code,
thus, giving the Plan a total GMQS score of 35.78 points; and
WHEREAS, the Planning and Zoning Commission further granted
conditional use approvals for four affordable housing units
associated with the residential component of the Plan and pecial
review approval for parking in an academic (A) zone district; and
WHEREAS, on April 16, 1991, the Planning and Zoning commis-
sion, after public hearing, incorporated its approvals, condi-
tional approvals, and recommendations into Resolution No. 91-10
I
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and forwarded same to City Council in accordance with Section 24-
6-205(A) (8) (c) of the Municipal Code; and
1r7HEREAS, the City Council finds that the public interest �.
would not be served by affording phased GMQS development allot-
ments under the Plan and that an excess GMQS development allot-
ment as permitted by Section 24-8-103(B) of the Municipal Code is
desirable and warranted, and
WHEREAS, the City Council has reviewed and considered the
Plan under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered those recommenda-
tions and approvals as granted by the Planning and Zoning Com-
mission and the Historic Preservation Committee, and has taken
..� and considered public comment at public hearing; and
WHEREAS, the City Council finds that the Plan meets or
exceeds all applicable development standards and that approval of
the Plan, wish conditions, is consistent with the goals and
elements of the J.spen Area Comprehensive Plan and the Aspen
Meadows Master Plan; and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety and welfare.
NOW, WHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1
Pursuant to Section 24-7-804B of the Municipal Code, and
subject to those conditions of approval as specified hereinafter,
4
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the City
Council finds as follows in regard to the Plan's spe-
cially planned area development component:
1.
The Developer's final plan submission is complete and
sufficient to afford review and evaluation for approv-
al.
2.
The Plan is compatible and enhances the mix of devel-
opment in the immediate vicinity of the Aspen Meadows
and the proposed land uses as approved hereinbelow are
deemed to be appropriate and allowable in their under-
lying zone districts as authorized by an SPA overlay.
Z.
The Flan incorporates and provides sufficient public
facilities and roads for the requested development, and
provides significant open space, trails and public
amenitias for tho ra®idants and users of the dr.velop-
mant.
4.
The Aspen Meadows is generally suitable for the
requested development in terms of topography and the
Plan creatively employs land planning techniques to
preserve view planes and avoid adverse environmental
impacts.
5.
The Plan will not require the expenditure of excessive
public funds in order to provide public facilities for
the development or its surrounding neighborhoods.
6.
The Plan is consistent with the Aspen Area Comprehen-
sive Plan and the Aspen Meadows Master Plan.
7.
The Plan demonstrates good and sufficient cause to
remove the SPA designation for that portion of the
Aspen Meadows property that is to be conveyed to the
City and to adjust the current SPA boundary accord-
ingly.
Section 2
Pursuant to the findings as set forth in Section 1 above,
the City
Council grants final SPA development plan approval for
the Plan
subject to the following conditions:
1.
A detailed construction timeline incorporatint7 a
specific construction schedule for the installation of
5
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the new Meadows Road shall he submitted to and approved
by the Planning and Public works Departments prior to ,
staff approval of the final plat. Upon completion of
the new Meadows Road, all construction traffic associ-
ated with the development shall use and be rerouted to y.
the new Meadows Road.
2. The appli.cant shall provide 97 parking spaces at the
�4
West Meadows facilities pending construction of the �.
West Meadows parking structure.
3. The Developer shall conduct a review and provide a
development's traffic mitigation
"
written report of the
to the Planning Director on the anniversary date
_
Plan
Of the final passage of this ordinance in years 1992,
shall continue to con-
1994, 1996, 1998 and 2000, and
and provide such reviews and. reports every two(2)
duct
years thereafter unless deemed unnecessary by the City
but be limited
council. Such report shall include, not
Seventh Street, number of van
to, traffic counts on
trips pursuant to the development's traffic mitigation
plan, charter vehicle use, passenger counts and desti-
Meadows
nations arising from the use of the Aspen
and report shall also incorpo-
facilities. The review
data and information from the Roaring Fork Transit
rate
Authority (RFTA) illustrating its service to the Aspen
the report
1
Meadows facilities. The City will review
to the development's
and may require modification
traffic mitigation program, including the addition of
reasonable new mitigation measures. All modifications
shall be approved by the
of the traffic mitigation plan
at a public hearing.
Planning and Zoning commission
4. The shuttle van system as incorporated into the devel-
be operated by
opment's traffic mitigation plan shall
operating the lodge facility.
that company or entity
5. Delivery vehicles and delivery routes serving the
restaurant facilities shall be limited to those hours
of delivery and routes as delineated in the develop-
ment's traffic mitigation plan, except when severe
weather or circumstances beyond the control of the
lodge/restaurant operator require a deviation there-
from. The restaurant/ledge operator shall insure and
enforce the delivery hours and routes by contractual
obligation with its goods and services providers.
6. The thirteen foot (131) service access/emergency loop
drive serving the chalets shall be constructed with an
574793 D- 76 17 0`+i ;0 9it lo:f_If
all weather surface adequate to support fire -fighting
apparatus. Such access/emergency loop drive(s) shall
be plowed, cleared and maintained to 13' widths at all
times of the year and particularly during the winter
months.
7.
All buildings to be served and accessed from the 13'
access/emergency loop drive shall have interior sprin-
kling 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.
8.
Specific fire hydrant locations for the development
shall be established and approved in cooperation with
the Fire Marshal prior to the issuance of a building
permit.
i
9.
A detailed tree removal and replacement plan shall lie
submitted to and approved by the City Parks Department
prior to staff approval of the final ;plat. Such plan
shall indicate all trees to be moved or removed, their
size, location, species, and time of planting, trans-
planting, or removal. All tree replacement shall be on
a one-to-one caliper inch basis with minimum size at 1
1/21, caliper.
10.
The final plat shall depict all trails dedicated or
conveyed to public use and all easements linking off -
site trails to the development's trail system. The
final plat shall particularly note (1) an easement for
a trail link from the racetrack, and (2) the trail
between the tennis townhouses and restaurant as depict-
ed on the Master Plan. 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 the preservation of existing topography. As -built
easements shall be executed and conveyed after trail
construction.
11.
There shall be no interconnection of non -treated water
systems to potable water systems.
12.
Pursuant to Section 23-53(g) of the Municipal Code, the
Developer shall convey all rights, titles, easements
and interests to the Si Johnson Ditch and water right,
water wells and appurtenant water rights on the Aspen
Meadows property to the City. The City shall, in
7
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exchange, lease back to Developer, or its successor(s)
in interest, raw water from those sources for irriga-
tion use within the development in an amount equal to
that amount of water reasonably necessary for the
efficient irrigation of the lands historically irrigat-
ed, not to exceed the amount of water conveyed to the
City by the Developer. Developer shall pay to the City
its pro rats share of operation, maintenance,and repair
costs, plus one Hundred. Dollars ($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.
13. The Developer shall install at its own cost a water
..distribution system for the development meeting no less
than the minimum design, engineering, materials and
construction standards of the City for domestic munici-
pal and fire protection purposes and shall convey same
to the City upon completion, inspection and acceptance
by the City. Developer shall also convey to the City a
perpetual twenty foot (201) as -built easement extending
ten feet (10') from each side of the centerline of all
newly constructed water lines, and a construction
easement extending an additional five feet (51) on each
side of the centerline, along with a similar twenty
foot (201) easement and construction easement for the
future installation of a connector main to the existing
City water main in slack Birch Drive.
14. Drainage design for the development shall not J-nten-
tionally direct run-off into irrigation ditches or
ponds.
15. All residential units shall comply with fireplace
regulations as contained in the Municipal Code and
enforced by the Environmental Health Department. No
building permits shall be issued for residential units
absent compliance with fireplace regulations. All
disputes concerning the application or interpretation
of fireplace regulations to the development shall be
subject to review and determination by the Clean Air
Board.
16. prior to the issuance of a building permit for each
component of the project, a drainage mitigation plan
for that component for run-off during construction
activity shall be submitted and approved by the City
Engineer so as to insure against or minimize run-off
into Castle Creek and the Roaring Fork River.
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37Ir79 ; Lt 76c_ E' F117 1�i9/,�ihi') i Il'�: ]'9f1 F'fi '? CJr "JI
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17. 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 such State
agencies as having jurisdiction over same. ,
18. A fugitive dust plan must be submitted and approved by
the Environmental Health Department for the MAA parking
lot prior to issuance of a building permit for the MAA
rehearsal facility.
19. All energy conservation and efficiency measures as
represented by the Developer in its GMQS application
regarding insulation, glazing, solar orientation, HVAC,
and plumbing fixtures shall be incorporated into all
residential units and the design(s) for same must be
approved by the City prior to issuance of any building
permit for residential construction. These measures
shall be further incorporated into deed restrictions
and/or covenants for all single family homes and condo-
minium declarations.
20. Non-residential construction and facilities shall
utilize state-of-the-art energy conservation and effi-
ciency measures as represented by the Developer.
Accordingly, detailed plans submitted for building
permits for the lodge structures and the MAA rehearsal
hall must be accompanied by the energy information
provided to staff in the Appropriate Technologies
Associates' letter of May 3, 1991, and the MAA/Rehears-
al Hall Energy Conservation Description document sub-
mitted to Planning staff on May 20, 1991. The engi-
neered thermal envelope calculation will be verified by
the Building Department according to the Model Energy
Code.
21. The Developer shall pay to the City an affordable
housing mitigation impact fee for 16.69 low income
employees associated with ten new residential units,
seven on Lot 6 and three 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 a building permit for any
residential construction and shall be paid in amounts
reflecting and corresponding to the number of residen-
tial units sought to be permitted at any given time
(1.66 per unit).
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22.
Developer shall construct replacement and/or additional
locations to be selected in
fox dens in a manner and at
field by the City, in consultation with the Direc-
r
the
tor of the Aspen Center for Environmental Studies,
t
prior to the issuance of any building permits for
or
development under the Plan, or any other demolition
to'wit, the
construction within the development area,
Aspen Meadows.
23.
Revegetation of all areas developed pursuant to the
Plan shall be implemented in accordance with those
in its
guidelines as set forth by Design Workshop
letter is incorporated herein
letter of 3/21/91, which
if fully set forth. All revegetation shall be
as
7inspected and monitored by the City to ensure that
revegetation efforts and the protection of same are
successful.
24.
New manicured lawn areas shall be minimized to the
except in those areas adjacent
maximum extent possible,
;to the Music Tent, and such areas must be depicted and
approved on 'the final plat.
25.
Prior to excavation, temporary construction barricades
five feet of the
and or fencing shall be erected within
building envelopes of the tennis townhomes and trustee
,
townhomes to prevent damage from falling debris to the
dictate
slope bordering same unless unstable soils
locations mutually agreed upon by the
alternative
owner, the Building Department and the Planning Office.
building permits for individual
,
Prior to issuance of
buildings, the locations of all fencing and barricades
be submitted to and approved by the Building
shall
Department and the Planning Office. All fencing and
barricades shall remain in place throughout the con-
struction process.
26.
Financial assurances in amounts and in forms acceptable
be by Developer to
to Developer and City shall provided
the satisfactory installation and completion of
ensure
the new Meadows Road, all utility infrastructure,
including water lines, the trail along old Meadows
That of the
Road, and the parking facility. portion
-referenced financial assurances reasonably found
above
by the Public Works Director to be related to the work
to
`
for which a permit is sought must be in place prior
issuance of that building permit.
10
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27. The following language shall be included in the
SPA/Subdivision Agreement: "Any SPA or Master Plan
amendment or future development applicati,•is submitted
by any non-profit user of the Meadows property (Lots 1,
2, and 3) shall be applied for jointly by all non-
profit property owners. This shall supersede prior
requirements requiring SPA submittal approval by all
property owners. Similarly any SPA Amendment proposed
to be submitted by any residential owner or association
thereof shall require, in addition to the consent of
the association of owners of the residential component
involved, the approval of the resident non -profits of
r; .the SPA."
28. Public pedestrian access, excluding access to build-
ings, 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 Aspen Meadows development, subject to reasonable
regulations as established by the owners thereof in
order to protect their property, as well as the academ-
ic privacy and serenity of the campus, its programs and
the health and safety of other users and visitors.
29. Tha '.L A parking lot shell be plowed and kept clear of
snow during all wintertime performances or functions at
MAA facilities.
30. Pursuant to Section 24-7-804(D)(4) of the Municipal
Code, the final plat, which shall, at a minimum, con-
sist of final drawings depicting the site plan, land-
scape plan, utility plan and building elevations, and a
specially planned area (SPA) agreement, shall be re-
corded in the office of the Pitkin County Clerk and
Recorder and shall be bindinn upon the property owners
subject to the development plan, their successors and
assigns, and shall constitute the development regula-
tions for the property. Development of the property
shall be limited to the uses, density, configuration,
and all other elements and conditions set forth on the
final development plan, and in this ordinance and the
SPA agreement. Failure on the part of the Developer to
record the final development plan, plat, and SPA agree-
ment within a period of 180 days following the adoption
date of this Ordinance shall render the development
plan and plat in valid. If the 180 days lapse, recon-
sideration of the final development plan, plat and SPA
agreement by the Planning and Zoning Commission and
�F'� µph ���� • { i:.� ' .�� +,��•�� � �,+ d.�.r F��1��4" r,• 'i]I
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7479? B- 76 P--(;c 0')i30/9 10:1'3('i I't 1Qf" 28 ~
Cits Council will be required before its acceptance and
recording. ,
Section 3
Pursuant to and by reason of the findings and conditions of
approval as set forth above in Sections 1 and 2, specially
planned area (SPA) designation for the portion of the Aspen `
Meadows property to be conveyed to the City is hereby removed and
the city's Official Zone District Map shall be amended to reflect
t
such removal.
i 1
Section 4
Pursuant to Section 24-7-1004C of the Municipal Code, and
subject to those conditions of approval as specified hereinafter,
the City Council finds as follows in regard to the Plan's subdi-
vision development component: y
1. The proposed subdivision is consistent with both ,
the Aspen Area Comprehensive Plan and Aspen Mead-
ows Master Plan and is, furthermore, consistent ,
with the character of existing land uses in the
adjoining areas.
2. The proposed subdivision will not adversely affect
the future development of surrounding areas and
will be in substantial compliance with all re-
quirements of Chapter 24 of the Municipal Code.
3. The proposed subdivision is compatible and suit-
able with the topography of the area and will not
present or create a threat to the health, safety
o-: welfare of the residents or neighbors of the Fr
subdivision. r
4. The proposed subdivision does not create spatial.
patterns that cause inefficiencies, duplication or a
premature extension of public facilities or unnec-
essary public costs. r
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5. The proposed new Meadows Road has the primary function
of providing access to abutting property and will not
carry through traffic, thus, warranting its designation
as "local street".
Section 5
Pursuant to the findings as set forth in Section 4 above,
the City Council grants final subdivision approval for the Plan
subject to the following conditions:
1. The new Meadows Road shall be dedicated as a pub-
lic street from its intersection with Seventh
Street and North Street to the south boundary of
Lot 6. Right-of-way width, grades and intersection
design shall be subject to inspection and approval
by the City Engineer prior to staff approval of
the final plat.
2. Irrevocable legal access to the new Meadows Road
must be provided where necessary to all existing
and future properties abutting that portion of the
old Meadows Road that may be vacated and all ease-
ments for such access shall be depicted on the
final plat.
3. All property exchanges between the Savanah Limited
Partnership, the Institute, the MAA, and Physics
shall be effectuated simultaneously with the re-
cording of the final plat.
4. All sanitary sewer improvements as installed in
the development area shall be inspected and ap-
proved to the satisfaction of the Aspen Sanitation
District.
5. Complete and detailed utility plans, i.e., elec-
tric, gas, cable T.V., and telephone, shall be
provided to and approved by the Planning Director
and City Engineer at or prior to submission for
recording of the final plat. Additionally, all
utilities shall approve utility design and loca-
tion prior to staff approval of the subdivision
agreement and final plat.
13
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7479D-762 F''• 824 09/:30/94 10: 1'3(i
6. The final plat shall accurately reflect all under-
ground utility installations, particularly those
along roadways, trailways and cultivated landscap-
ed areas.
7. 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 destruc-
tion 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.
8. Vegetation replacement necessitated by utility
installation shall utilize the same plant species
as the species of vegetation disturbed or damaged.
9. All ditches, swales, intermediary ponds and detention
f areas shall be subject to appropriate easements for
access and maintenance purposes and be depicted on the
final plat.
-11
10. The Developer shall provide a digitized copy of the
subdivision plat prior to recordation of the mylar
copies.
11. Trench box construction methods shall be utilized
for utility installations whenever possible so as
to minimize site disturbance.
12. The Castle Creek sanitary trunkline shall he lined
unless deemed otherwise by the Aspen sanitation
District. If sections of the trunkline must be
replaced, such replacement locations shall be
identified to the City Engineer and Planning De-
partment and the least disruptive methods shall be
identified and employed.
13. Detailed design drawings for the new Meadows Road and
Seventh Street and Eighth Street intersections shall be
provided to and approved by the City Engineer prior to
staff approval of the final plat. All design drawings
0
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37479;2, 11 7Lr: r,..d;,.- Ncl�:,��.)�i
shall be prepared by a professional engineer registered
in the State of Colorado.
14. The speed limit for the new Meadows Road shall be
reduced to a speed below thirty (30) m'Les per hour as
determined by the City Engineer..
15. The existing old Meadows Road shall be converted to a
pedestrian trial/bikeway with ownership thereto to
remain in the City.
16. P>rsuant to Section 24-7-1005E of the Municipal Code,
..,the final subdivision plat and subdivision agreement
shall be recorded in the office of the Pitkin County
Clerk and Recorder within 180 days following the adop-
tion date of this Ordinance. Failure to record the
final plat and subdivision agreement within the 180 day
time period shall render the subdivision approvals
granted herein invalid. If the 180 days lapse, recon-
sideration of the subdivision and subdivision agreement
by the Planning and Zoning Commission and City Council
will be required before acceptance and recording.
Section 6
Pursuant to Section 24-8-106 of the Municipal Code, the City
Council finds as follows in regard to the Plan's residential
Growth Management Quota System allotment component:
1. The Planning and Zoning Commission has forwarded
to City Council a residential development total
score of 35.78 for the residential component of
the Plan, such score exceeding the minimum scoring
threshold.
2. The residential development component of the Plan
was the only development project submitted to the
Planning and Zoning Commission for 1990 residen-
tial GMQS allotments.
3. The GMQS residential scoring considered and reflected
the waiver of the six-month minimum lease requirement
as set forth in the applicable condominiumization
regulations.
15
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374793 1A•-7;2 F'•'-(i.:E�
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4. A multi -year or phased development allotment would not {=
serve the best interests of the Plan or the general
public.
5. Section 24-8-103B of the Municipal Code permits
the awarding of development allotments in excess
of the maximum allotment level in any given year.
6. The Plan as presented by the Developer warrants an
excess development allotment and the Planning
Office has indicated excess diavelcVment allotments
are available.
7,.,� No challenges to the Planning and Zoning Commis-
sion's scoring or ranking of the Plan's residen-
tial development component have been submitted as
permitted by section 24-8-106I of the Municipal
Code.
section.7
Pursuant to the findings as set forth in Section 6 above and
��. in accordance with Section 24-8-106J of the Municipal Code, the
City Council awards and grants the Developer six (6) residential
development allotments from the GMQS allotment pool for 1990, and
eight (8) excess residential development allotments to be off -set
in future years in accordance with Section 24-8-103B of the
Municipal Code.
In accordance with Section 24-8-108(A)(1) of the Municipal
Code, Developer, or its successor in interest, shall be eligible
for exemption from the expiration of the GMQS allotments for
residential Lots 7, 8, 9 and 10 herein awarded upon proper
demonstration that those conditions of final approval and the
public improvements associated with Lots 7, 8, 9 and 10 have been
satisfactorily completed.
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374793 B-76c P-4127 09/ 370/94 10: 19A PIS 17 OF c'13
Section 8
Pursuant to Section 24-8-104(C)(1)(b), as amended per
ordinance No.. 13, (Series of 1991), of the Municipal Code, the
City Council finds as follows in regard to the Developer's
request for Growth Management Quota System development exemption
for essential public facilities:
1:- The Institute's proposed development of new lodge
units, expansion of the existing health club,
expansion of the restaurant, and expansion of the
tennis shop, including rest rooms, is essential
for the revitalization of the Aspen Meadows prop-
erty.
2. The MAA's proposed expansion of the Music Tent,
the addition of a year-round rehearsal/performance
hall, and expansion of the Music Tent gift shop,
is essential for the revitalization of the Aspen
Meadows property.
3. The programs and activities sponsored and or host-
ed by the Institute and the MAA at the Aspen
Meadows facilities have historically provided
intellectual and cultural enrichment to the citi-
zens of the City of Aspen without which the City
would not have attained its present character and
standing in the national and international commu-
nity. Furthermore, the Aspen Meadows facilities,
and those of the Institute and MAA in particular,
have served and continue to serve important commu-
nity needs and proposed expansions of same will
only enhance their value and accessibility to the
citizens of the City of Aspen and the general
public.
4. The institute's and MAA's proposed development
involves essential public facilities, will enhance
existing essential public facilities, and is not -
for -profit in nature.
17
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37479-
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Section 9
Pursuant to Section 24-8-104(C)(1)(b), as amended per
Ordinance No. 13 (Series of 1991), of the Municipal Code, and the
f'.ndings as set forth in Section 8 above, the City Council awards
and grants Gro,.'th Management Quota System development exemp*'--ions
from competition and affordable housing impact mitigation for the
following Plan development on the basis that such development is
for essential public facilities:
1. Fifty (50) new lodge units of 42,410 square feet,
(Aspen Institute).
2. Health club expansion of 1,800 square feet, (Aspen
Institute).
3. Restaurant expansion of 2,000 square feet, (Aspen
Institute).
4. Tennis shop expansion, including rest rooms, of
960 square feet, (Aspen Institute).
5. Music Tent backstage expansion of 1,500 square
feet, (MAA).
6. The new rehearsal/performance hall of 11,000
square feet, (MAA).
7. Music Tent gift shop expansion of 100 square feet,
(MAA)
Section 10
Pursuant to Section 24-7-11.02 of the Municipal Code, the
City Council finda as follows in regard to the zoning map amend-
ments component of the Plan:
lb 1. The proposed zoning amendments as set: forth .in the
Plan are not in conflict with the provisions of
Chapter. 24 of the Municipal Code, the Aspen Area
18
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374793 B-76_' P-&E") 09/30/94 10: V)() F'fi 19 CIF 0
Comprehensive Plan or the Aspen Meadows Master
Plan.
2. The proposed zoning amendments are compatible with
j surrounding zone districts and land uses.
3. The proposed zoning amendments will not adversely
impact traffic generation or road safety when
taken into consideration with the other aspects of
f the Plan.
4. The proposed zoning amendments will not adversely
impact demand for public facilities or services
nor adversely affect the environment.
5. The proposed zoning amendments will promote the
public interest and character of the City of As-
pen.
Section 11
Pursuant to Sections 24-7-1102 and 24-7-1103, and Division 2
of Article 5 of Chapter 24, as amended per Ordinance No. 1.3
(Series of 1991), of the Municipal Code, and the findings set
forth in Section 10 above, the City Council does grant the
following amendments to the Official Zone District Map and does
designate the following zone districts for the development
jiubject to the conditions as specified below:
I. R-MF (Residential Multi -Family) shall be applied
to Lots 5 and 6 (townhomes).
2. R-15 (Moderate -Density Residential) shall be ap-
plied to Lots 7, 8, 9 and 10 (single family lots).
3. WP (Wildlife Preservation) shall be applied to the
25 acres, more or less, of land conveyed to the
City of Aspen (Let 4)and to the racetrack area of
-the Aspen Meadows property as depicted in the
' final SPA development plan submittal.
19
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4. OS (Open Space) shall be applied to Anderson Park,
the Marble Garden, and the Tent Meadow as depicted
in the final SPA development plan submittal.
5. A (Academic) shall be applied to Lots 1, 2 and 3
within the Aspen Meadows owned by the Institute,
MAA, and Physics, except where other zone dis-
tricts have been designated as hereinabove provid-
ed.
6. The zoning designations as specified in paragraphs
1 through 5 above are contingent upon the Develop-
er.providing precise survey boundaries of the zone
districts prior to staff approval of the final
plat.
7. Pending such time as the boundaries for the zone
districts as described above are finalized and
accepted, or no longer than six (6) months, which-
ever period is shorter, no building permit shall
be issued by the Chief Building Official for any
development in the Aspen Meadows which would be
prohibited by the zoning districts herein desig-
nated and authorized.
Section 12
Pursuant to Sections 24-7-804B and D(2) of the Municipal
Code, the City Council finds as follows in regard to the
Developer's requests for variations from subdivision and subdivi-
sion improvement requirements, easement and utility requirements,
design standards for streets and related improvements, and zone
district dimensional and minimum lease requirements:
1. The proposed variations are compatible with exist-
ing development and land uses in the area and
surrounding neighborhoods and are not in conflict
with the provisions or goals of the Aspen Meadows
Master Plan.
2. The proposed variations will. not adversely impact
public facilities or public safety.
20
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B-7EO F-0 1 O�)/G0/94 10: 19A
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37479
Section 13
Pursuant to the findings as set forth in Section 12 above
and in accordance with Section 24-7-804D(2), as amended per
•t
Ordinance No. 13 (Series of 1991), of the Municipal Code, the
J-
T". City Council grants the following variations from subdivision
development standards and zone district dimensional and minimum
lease requirements as set forth in the Plan:
1. Curbs, gutters and sidewalks need not be provided
f
within the development.
2. Alleys, paved or unpaved, do not need to be pro -
vi.ded.
3. Traffic control signs shall be installed at the
Meadows Road and Seventh
`
intersection of the new
traffic be
and
signedsignals
zonesbut
deter-
SpeedStreets,
rovidedEighth
shall
p
;_mined by the city Engineer.
Yr
4. If determined to be necessary by the City Engi-
be at the
neer, street lights need only provided
intersections of the new Meadows Road and Sevei,th
,
and Eighth Streets. Ornamental street lights are
desirable.
5. No street bridges need be provided. Culverts to
ditches and drainage shall
accommodate irrigation
be installed.
6. Street right-of-way regarding new Meadows Road
dedicated at lengths and widths as
r%
shall only be
determined to be necessary by the City Engineer.
7. The minimum centerline curve radius for new
65 feet at and or
Meadows Road may be reduced to
the intersection of Eighth Street, and right-
,
near
of -way widths may be reduced to 40 feet. Maximum
8%. All di-
grade may be increased not to exceed
ep mensions shall be spe Afied and confirmed on the
1.4
(,
f'
final plat.
8. No street -end dedications need be provided.
21
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3747`3 P-7v.: 1. 5. C.
OF c'_a
9. cul-de-sac dimensions for Meadows Road may be
increased to a maximum length of 2,000 feet with a
turnaround diameter at the administration building
of approximately 50 feet.
10. The new road alignment for Meadows Road shall
remain "Meadows Road" in name.
11. Street trees lining new Meadows Road shall
consist of cottonwoods of 2 inch caliper
spaced every 30 feet along the east boundary
beginning at the intersection of Eighth
Street and extending north to the tennis
courts.
12. Fire lane and emergency vehicle access ease-
ments may be reduced in width upon approval
of the Fire Marshal.
13. utility easement dimensional and location
requirements on lots other than those associ-
ates with the single family lots may be re-
duced or modified upon the approval of the
". City Engineer and easements need not be pro-
, vided in the absence of actual utility in-
stallations. All proposed utility easements
should be reflected on the final plat.
14. Fire hydrants shall and need only be situated
within 350 feet of all structures.
15. The six (6) month minimum lease requirement
for condominium units as contained at Section
24-7-1007 (A)(1)(b)(1) of the Municipal Code
is waived as to the condominium units as
depicted in the Plan.
16. A dimensional height variation for the center
portion of the Tennis Townhomes is allowed
for up to 3 feet.
17. A dimensional height v�►riation for the north-
ernmost Trustee House is allowed for up to 8
.feet.
la. Minimum R-15 zone district lot size per
dwelling is reduced to 12,000 square feet for
Lots 7, 8, 9 and 10.
22
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37479? LI -7Ec F'-8::� i�9; OF
19. Minimum R-15 zone district side yard setback
requirements are reduced to zero (0) feet for _j•a;
the west side of Lot 7 and the east side of
Lot 10. :..
20. Minimum RMF zone district front yard setback,require- T.
ments `_or accessory buildings may be reduced to zero
(o) feet for Lots 5 and 6.
21. Minimum RMF zone district open space requirements are
waived for Lots 5 and 6 in consideration of the open �
space otherwise provided in the SPA development plan.
Section 14
Pursuant to Section 24-7-1007 B of the Municipal Code, the k
City Council finds as follows in regard to the Plan's condo-
miniumization component:
1. The 8 existing and 3 proposed Trustee Houses
(Lot 5) and 7 proposed townhomes (Lot 6) to
be condominiumized are not presently leased t
on a long term basis.
,wN •
2. A variation in the six (6) month minimum
lease requirement is warranted and has been
authorized pursuant to Section 13 above.
3. The proposed condominiumization will not
adversely impact the availability of afford-
able housing.
Section 15
Pursuant to the findings set forth in Section 14 above, and, `
in accordance with Section 24-7-1007 of the Municipal Code, the ?e:
City Council grants and awards condominiumization approval for i 1
the Plan as follows, subject to the conditions as specified
herein:
1. For eight (8) existing and three (3) proposed t!
Trustees Houses (Lot 5). '.
r.,
23
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37479,3 LA•-7G: P-n34 09/30/04 10:1)A f-'G 24 or as
'y"
2. For seven (7) proposed townhomes (Lot
6).;'
3. Condominiumization as awarded in this
Section^'
is payment on contingent u the a "r g p p of an afford-
able housing impact fee of $64,240.00,
which •..?
fee shall be paid to the City Finance
Direc-
tor prior to recordation of as -built condo-
minium plats and declarations.
Section 16
`
All material representations and commitments made by the
Developer pursuant to the Plan approvals as herein awarded,
whPt-.her- in public hearing or documentation presented before the
Planning and Zoning Commission, Historic Preservation Committee
and or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if
.fully set forth herein, unless amended by other specific condi-
tions.
Section 17
The Official Zone District Map for the City of Aspen,
Colorado, shall be and is hereby amended to reflect those zoning
and rezonings actions as set forth in Section 11 above and such
amendments shall be promptly entered on the Official Map in
accordance with Section 24-5-103B of the Municipal Code.
Section 18
Any development or proposed development in the Aspen Meadows
not vested in accordance with law Prior to the effective date of
this Ordinance shall comply with the terms and provisions of the
24
:a
19
,•'+ 'Cd +W',( .'+' ;•`"�•,.y
i � +LW��'1M ry• •d�r ` � C• 'T '
P
L�-7E0`.)/3(7(/94 10:19(� f'G :� ref' ='8
zone districts and conditions of
this ordinance.
r•` I
development adopted pursuant to
Section 19
Pursuant to Section 24-6-207 of the Municipal Code, City
Council does hereby grant Developer vested rights in the Plan as
follows:
1. The rights granted in the site specific de-
velopment plan approved by this ordinance
shall remain vested for three (3) years from
the date of final adoption specified below.
However, any failure to abide by the terms
and conditions attendant to this approval
shall result in forfeiture of said vested
rights. Failure to timely and properly re-
cord all plats and agreements as specified
herein and or in the Municipal Code shall
also result in the forfeiture of vested
~� rights.
�2. The approvals as granted herein are subject
to all rights of referendum and judicial
review.
3. Nothing in the approvals provided in this
ordinance shall exempt the site specific
development plan from subsequent reviews and
or approvals required by this ordinance or
the general rules, regulations or ordinances
of the City provided that such reviews or ap-
provals are not inconsistent with the approv-
als granted and vested herein.
4. The establishment herein of a vested property
right shall not preclude the application of
ordinances or regulations which are general
all property
in nature and•are applicable
subject to land use regulation by the City of
Aspen including, but not limited to, build-
ing, fire, plumbing, electrical and mechani-
cal codes. In this regard, as a condition of
this site development approval, the Developer
shall abide bany and all electrical andhmechanical
fire, plumbing,
,
25
374793
0
•i
PG 2(, OF �:0 •'.,
codes, unless an exemption therefrom is
granted in writing. { KV
Section 20 ..
The City Clerk shall cause notice of this Ordinance to be
thin the City'
published in a newspaper of general circulation wi
of Aspen no later than fourteen (14) days following final adop-
tion hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the
approval of a site specific development plan, and the
creation of le a vestedproperty
Revisedght pursuant to Title
Statutes, pertaining
24, Article 68, Color
to the following -described property:
The property shall be described in the notice and appended to
said notice shall be the ordinance
granting such approval.
Section 21
The City Clerk is further directed t-j record a copy of this
Ordinance in a timely manner after its final adoption with the
Pitkin County Clerk and Recorder.
Section 22
This Ordinance shall not effect any existing litigation and
shall not operate as an abatement of any action or proceeding now
pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be cc -)ducted and concluded
under such prior ordinances.
26
40
J
374 793 B-762 P-837 09/30/04 10: 19A PIG 27 OFOa
Section 23
i
if any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or •*...'
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 24
j
Public hearing(s) on the Ordinance shall be held on the �3
day of 7)7ez-, , 1991, in the City Council Cham-
bers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by lava by
the City Council of the City of Aspen on the c� 9 day of
1991.
William L. Stirling, Mayor
Kathryn S j%Kc4h, City Clerk ��
rp�,FT1 jLI `ADOPTED', passed and approved this '"tday of
1991.
e
27
William L. Stirling, Mayor
Kathryn Koch, c ty clerk
L 0Ah
p, -0/94 jo: L,)r4 p(3 -::,a OF 1'2. 8
374793 B-76 _-g38 Ip r) /
28
u
4
:16
OK 667 PG 731
it:540937
Silvia Davis, c•i-it
,'THE ASPEN MEADOWS"
SPECIALLY PLANNED AREA
DEVELOPMENT & SUBDIVISION AGREEMENT
40.
lip
t
/24,'�2 16: 17 sec 1,40(�. [4: 667 PG 732
r;�,-jr, Cntv —er[ Doc
THE ASPEN MEADOWS
TART E—QF-0LN—TEN"
MOE
5
R 6�A �l ........... ...................
. Schedules - General .........
A Construction .........
Schedules - Detailed .....
....... 6
B. Construction ............
Traffic Mitigation Plan ........ * * * * * ' ........
7
C.
West Meadows Component ..................
Component
Facilities Compo
-2. MAA .........
7
8
to Property .........
8
Site Improvements
D.1. Utility Plan .... .....................
9
(a) Water ......................... ........
Sewer * , * * * * '
10
11
(b) Sanitary ....
.....
................
(c) Electricity .......
I 2
12
(d) Gas ....... ............
(e) other Underground Utilities
12
(f) Drainage ........... * * ................
2
(9), Fire Protection ..... — ' * * .....................
Vacation and Grant of Easements
13
13
(h) ..........
2. Meadows Road ....
....... 14
Additional Conditions of Site Improvements
is
E.
-F. Financial Assurances
16
V
16
A. Lot I - " he Aspen Institute ..... ..........
Requirements
16
16
1. Dimensional
2. off -Street Parking ... —* .........
16
3. Site Improvements ....... .' ....................
16
...........
(a) Utilities ...... * ... * ...........
16
(b) Landscape Improvements .......................
17
4. Trails ............ 0 ... * .......... ..........
5. Financial Assurances ...................
17
18
6. !Employee Housing ....
19
Lot 2 - Music Associates of Aspen .............
18
B.
1. Dimensional Requirements ......
19
2. Off -Street parking ....
19
3. Site Improvements
19
(a) Utilities ......
9K 667 PG 733
Si i y a, P.-,ai a. F•'.' I in Casty CI irW I Doc •t.;,: •
PAGE
(b) Landscape Improvements ....................... 19
4, Financial Assurances ........................ .... 19.. ZO
5. Employee Housing 20
C. Lot 3 - The Aspen Center for Physics .............. • • • • ' .. , 21
1. Site Improvements 21
(a) Utilities .... 21
2. Financial Assurances .................. • • • • • ' • • • • • 22
3. Trails ................................. ... 22
D. Lot 4 - Conservation Land ..................... • 22
1. Site Improvements .................... • • ' • • • • 22
(a) Utilities .........................
1
E. Lot 5 -The Trustee Houses at the Asper, Meadows ....... • • • • • •. 22 23
1, Dimensional Requirements and Variations Therefrom .........
2. Condominiumization and Six Month Minimum 24
Lease Requirement ................ • 24
Site improvements ...................... 24
(a) Utilities .. 24
(b) Landscape Improvements ............... ... 25 1
4. Trails ...................................... 25
5. Financial Assurances .................... • 26
6. Employee Housing • • • • " '
F. Lot 6 -The Tennis Townhomes at the Aspen Meadows 26
27
1. Dimensional Requirements and Variations Therefrom ........ ,
2. Condominiumization and Six Month Minimum 28
Lease Requirement ................. • • • • • . • , 28
3, Site Improvements .................... • • • • ' ' • • • 28 '
(a) Utilities . 28
(b) Landscape Improvements ............... • • • ' ' ' • 29
4. Trails .................................... 29
5. Financial Assurances .............................
30
6. Employee Housing 30
G. Lot 7, 8, 9 and 10 - The Residences at the Aspen Meadows . • • • • ' ' ' • 31 {
1• Dimensional Requirements ................. • • • • • • • • • • 32
2. Site Improvements . • • • • 32
(a) Utilities ............................ 32
3, Financial Assurances ................... • • 33
4. Employee Housing .................. • • • • • ' ' • • • • 33
H. Additional Provisions and Agreements . • • • • • • • • • • ' ' ' ' ' ' ' 33
1. Access/Emergency Loop .. • • • • • • • • • • • • ' ' ' • ' ' • 33 1
2. Fire Protection ............................... 34
3, Fireplace Regulations ................... • • • .• • • • 34
4. Drainage Mitigation ........................ .
f_.
667 PO 734
4.14J,077 .,1 /24/'72 17 Fey r' - 1—t1in Csit,,, 171eli:.
PAGE
5. Fugitive Dust Control ............................ 3434
6. Energy Conservation - Savanah ......................
7. Energy Conservation - institute and MAA . . . . . . . . . . . . . . . . 34
8. Fox Dens . . . . . . . . . . . . . . . . . . . . . . . . . . . .•.•.•. . . . . . 35
9. Re -vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
10. Manicured Lawn Areas . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
11. Construction Barricading . . . . . . . . . . . . . . . . . . . . . . . . . . 35
. 35
12. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. Public Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
14. MAA Parking Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
MI E ANM= . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
. . . . . . . 36
A. Periodic Project Review ........................
B. Non -Compliance and Request for Amendments or Extensions ........ 36
38
C. General Provisions ..................................
1. Notice ...................................... 38
2. Binding Effect ................................. 39
3. Applicable Law ................................ 39
4. Vested Rights ................................. 39
S. Expiration of Development Allotment .................. 40
........ 40
6. Severability ..........................
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
I
Im
1
,; r.�.c •84nn, j Gk' 667 f-9 735
I
DEVELOPIvTENT & SUBDIVISION AGREEMENT
"THE ASPEN INfEADOWS"
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".
RE .ITALS
1, The City of Aspen after numerous public hearings adopted a Master Plan
Area Comprehensive Plan in September,
for the Aspen Meadows as a component of the Aspen
1990; and,
2, The Consortium has submitted to the City for approval, execution and
Plan and Final Subdivision Plat
recordation, The Aspen Meadows Final S.P.A. Development
development of a tract of land known as the Aspen Meadows
r
(the "Plat") pertaining to the
within the City of Aspen, Colorado, legally described on Exhibit "A" (the "Property")
"Project"):
situate
to include the following development activities, among others (the
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-,
cute.
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
f{
space - Institute
C. Health club renovation and expansion of 1,800 gross interior
square feet - Institute.
For the purposes of this Agreement, the term "gross interior square feet" or "gross
interior floor area" shall mean that floor area contained within the surrounding exterior ;l
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.
: Ott v_ � � � Y ,� � �� • }
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174,:,"' 7 7 .. a7 1 6: t RF _ t :. ..:, rat' 667 'G 736
d. Restaurant renovation and expansion of 2,000 gross interior square
feet - Institute.
Tennis shop renovation and expansion, including rest rooms, of
j
e.
980 gross interior square feet - Institute.
f. Music tint backstage expansion of I,500 gross interior square feet
- MAA.
g. New rehearsal/performance halt of 11,000 square feet of Floor
Area Ratio ("FAR") - MAA.
h. Music tent gift shop expansion of 100 gross interior square feet -
MAA.
L Renovation of the existing eight trustee houses and their expansion
to 2,500 square feet of FAR each - Savanah.
Construction of ten new townhouse condominiums of 2,500 square
,
j.
feet of FAR each - Savanah.
!�
i
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
The development approvals that
ri
requisite development approvals from the City for the Project.
the Consortium has received include the following:
a. Subdivision approval to create ten separate lots at the Aspen
Meadows.
i{
4 b. Growth Management Quota System ("GMQS") approval for
f 1
fourteen residential units.
'!
C. GMQS exemption for essential public facilities from competition
and affordable housing impact mitigation for the Institute and
MAA development components.
I�
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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�.1.i2'� -�'+ ,., � sL �... � "j.,�b l.�:w v ..� tip..,. %'�'�; �t ✓'. .. ,.
PI; 667cr; 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• Condo mini umization 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 andthis
Agreement
gree eof the as 11 as the
anticipated benefits and burdens to oche: sed
,roperty, boring properties Yand
re anted provisions of the Municipal the
Cod ofythe 1C tyin aof Aspen, Colorado ccordance with Chapter
(the 4 "municipal
related p
Code"); and,
5, The City has found that the Plat and this Agreement meet the standards
set sortium Setion hasc
cmet its4burden�and has demonstrated er seq. of the Municipal
reasonableness and suitability of the
Condo
Proj Code and
\t, its faster Plan,rtehat theity to hadverse effects of the Articlee requirements of Project have been fminim zed municipal the totheextent
the , lies with the City Council's intent in originally designating
practicable, and that the Project comp
the Property with an SPA overlay, in
the reasonable conformance of the Plat and this
Agreement with the approval granted to the conceptual development plan; and,
6. The City is willing to approve, execute and accept this Agreement and the
Plat for recordation f the upon
equ the
ment ,nent of terms the o d conditions s toium the
Article
hereinafter f Ch Chapter 24o described, the
subject to
Municipal Code as presently constituted and such other laws, rules and regulations as are or may
be applicable; and,
Nr-
• r,�. � .' 's�,.r
Trky r�..'r..
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� :... ..fit' :� ..
4740c?77 i•1��•1:0^. _.. -�� 4;,;,,i,r,
Lt 667 ;"G 738
7, The City has imposed conditions and requirements in connection with its
Plat
approval, executontance of this Agreement ante
necestsa ion and such
co pro ec Promo a and enhance the public healthlosafety and twelfare; and
matters are 'Y
S. Under the authority of Article 7 of Chapter 24 of the Municipal Code, the
City is entitled to and the Consortium'ssurances that the
atters hcreinaessorsand after greedssignt a ill be faithfully performed
by the Consortium
9 The Consortium is willing to enter into such agreements with, and to
provide assurances to, the City; and
bmiLtcd and the City has approved a led
10. The Consortium has su construction schedule for the installation of the
construction time line incorporating a specific
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
trees to be
approved bYches and time off p heir size,
anting transplament nt ggllor removal specifying that all or tree replace -
location, spe
ment shall be on a one-to-one caliper inch basis with minimum size at 1 I/2" caliper; an
13. Exact trail locations have been approved by the Planning Director giving
damage or
tion
nd
priority e and those
subordinate dinate grade considerations and, t thugs, minimizetswitchb cking s�tothe
landscape h As built easements shall be executed and conveyed after
preservation of existing topograP Y
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, •nIEREFORE, 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
a
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,,-'..• •faJ.
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^•1, _ .:�: !' ,'. - t,.. .. - _ r-J. 667 PG 739
I. GFNFRAL RFPRFSF,NTATTONS
A. CONSTRUCTION SC14EDULFS - 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
currently estimated sequencing:
I. 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 and ending
the following Summer.
2. It is anticipated that the MAA tent improvements (seating expansion, back stage
addition and site work), rehearsal/performance facility construction and site work
and the reconfiguration of the parking lots on Gillespie will be undertaken in at
least two phases, one being the tent related improvements and parking lot work
and the other being construction of the rehearsal facility.
3. It is anticipated that the residential component, consisting of site improvements
for the single family lots, tennis townhomes and trustee house remodels and
additions and all related site work will be undertaken in three phases: the site
work for the home sites, the tennis townhomcs and the renovatiu.t and expansion
of the trustee houses.
4. The construction of the new Meadows Road is currently planned for the Spring
of 1992, and the conversion of the old Meadows Road to a trail with landscape
and the upgrades to the utility and irrigation systems throughout the Property is
planned for the Spring of 1992. The utility and irrigation system work will be
coordinated with the individual construction phases and with the Public Works
Director.
5. The schedule for completion of the City trail and bridge installation from the old
Meadows Road to picnic point and across to the Rio Grande trail and from behind
the auditorium accessing the Roaring Fork Road side of the campus will be
established by the City but will be coordinated with the affected Consortium
5
0
[�a
667 `-'0 740
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.
C NSTC� RUC_TON SQl4FDULES - 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 wi::t a detailed construction schedule for
that component, satisfactory to the City Enginec; 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)
of major
disposal of demolition and excavation materials, (d) delivery and stora;econtractor
construction materials, (e) construction equipment access and storage, (�
vehicle parking, (9) 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".
f
The traffic mitigation plan :s :th
volutionary in format. It shall address the needs oe
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 FtA) and the the rC City
any lodge operator, MAA, the Roaring Fork Transit Authority ("
of Aspen. To accommodate the separate needs of the two distinct facilities at the
Meadows, the traffic mitigation plan has the following two components:
IJI
r r,n
_ _ I �' 667 [ 741
1. West Meadows Component. This component includes programs to discourage
private automobile use and to encourage, through incentives, alternate modes of
transportation. Elements include:
a. Airport van service for guests and residents.
b. Van service to and from tr•,vn for guests and residents.
C. The shuttle van syste;n 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.
e• Bicycle rental and storage facilities.
f. Promotional materials encouraging use of alternate modes of transportation
and discouraging private autos.
g. Guest parking in a garage to be constructed under the tennis facilities.
h• Trail Easements to connect the Property with the Rio Grande Trail.
i• Limited employee parking with programs for alternative transportation use
for employees.
j. Delivery vehicles and delivery routes serving the restaurant facilities shall
be limited to those hours of delivery and routes as delineated in the
development's traffic mitigation plan, except when severe weather or
circumstances beyond the control of the lodge/restaurant operator require
a deviation therefrom. The lodge/restaurant operator shall insure and
enforce the delivery hours and routes by contractual obligation with its
goods and services providers. The Institute (itself or through it's
lodge/restaurant operator) shall furnish to the City written evidence of this
contractual obligation.
2• MAA Facilities Component. Efforts to reduce auto use have been undertaken in
recent years by MAA in conjunction with West end residents. The elements of
this plan are a further expansion of these earlier efforts:
a. Promotional materials, including maps, encouraging use of transit,
bicycles and walkways have been initiated and will be continued.
7
1
I
I
I
t- e� r ,i.;: ;_, S1
667 742
_•l ... _ vie
_
b
Pedestrian bicycle ways include coov provided inued thevicinitytof n of the tent.
Avenue as
auto free. Bicycle racks will be p
C. Fourth Street from Main Street to the tent will be closed to all motorized
vehicles before large events and will be used for pedestrian and blis egress
after large events.
d. Enhanced transit service by RFTA to the tent during the summer. C. 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
, 1995, 1997, 1999
Director on June 10 in years 1993and 2001 and shall continue
provide such reviews and reports every two years thereafter unless
to conduct and p pursuant
deemed unnecessary by the City Council. Such reports shall include, but shall
pass
counts
not be limited to, traffic counts on Seventh Street, number of van trips p
Meadows facilities. The
to the development's traffic mitigation plan, charter vehicle use, p
and destinations arising from the use of the Aspen
review and report shall also incorporate data and information from RFTA
ro ram,
es- The
illustrating its sere mrvice to odifications toAhef adevelopment's ttraffity lc rmitigationw the rP report an
may require
tan shall be approved by the Planning and Zoning
including the addition of reasonable new mitigation measures. All modifications
of the traffic mitigation plan
s
C.OmmiS+ion at a public
D.
STTF TMPROVEMEI�TTS 11S, PROPFRTY:
o accomplish the following improvements on the
Consortium shall and hereby agrees t
Property:
iltilitY Plan
The Consortium shall, when necessary, upgrade and relocate existing
water, sanitary sewer, gas, electrical, telephone, and cable television linesat
in accordance with the approved Utility Plan recorded in Book
Records (the
Pages of the Pitkin County Colorado Real Property
"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.
8
N
"y
SK 667 F*G 743
16:.
n r t
(a)
The Consortium shall upgrade or install where necessary a water
distribution System for the development meeting no tion less stathan the
minimum design, engineering, materials and construcndards
of the City for or domestic municipal and Fire protection purposes and
Ity upon completion ' inspection and
shall convey same to the C' Consortium shall ni1c, convey to the
acceptance by tile City. The City a perpetual twenty foot as built easement extending ten feet
from each side of the centerline of all newly constructed water
a
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 accordancwith iron athe Und tilismaller ty plan
which will replace and upgrade existing 6" e cast
diameter water lines in the site.
Additionally, the Consortium" shall'.
Install and construct an 8" Ductile Iron water line from the
0) In
C iLy's existing dead -ended 8,, water line in the current
cadows RoaO., extending northerly and easterly through
M
the project and connecting to the City's 16" Red Mountain
water transmission main. There will be a short section of of
6- D.I.P. connecting portions of the S" loop in front
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
City of Aspen 6" water lioc in Roaring
tie-in to the existing
Fork Road.
(iii) Relocate the 16" Red Mountain water transmission main
around Lot 7 as shown on the Utility Plan.
(iv) Where required, all existing service lines wpropill be rosedeplcon-
Xcd
and up -sized to support the upgraded and
struction.
9
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QV. 667 �' = 744
�••� Existing on -site water lines no longer used will be aban-
doned in place.
Plans and specifications for all water system in
shall
minimum City water system specifications and
comply with at least approval of the City water Superi
exercise
in the
be subject to the of the water system
exercise of his discretion. Final acceptance
y conformance with
installation by the tci•+ 1 engineer verifying submission of fins test
reports by a registered
approved plans and specifications.
(b) Sanila> I"W
er
The Co°hin the Projlect nall and ccacco danceInstwith ruct ache Utility Plan, whsanharY ich
lines w upgrade, and serve existing and proposed !;acilities on
will replace,
the site.
Additionally, the Consortium shall:
(i) PVC sewer line in the new Meadows Road
Install a new 8" _10.
to srvethe
will connect Single Family
sewer in
Meadows existing
extension
Meadows Road.
VC sewer main extension along t:�e west
install a new 8" P
side of the proposed Tcnnis Townhouscs and connect to the
ated Sanitation District ('ACSD')
existing Aspen Consolid
Castle Creek Trunklinc.
portions of the c7.isting sewer lin
Relocate, as necessary. e serving the'frustce Townhouscs and connect to the ACSD
Castle Creek Trunklinc.
(Iv) Install and construct where necessary a new sanitary sewer
m for the MAA and Institute property
collection syste
e proposed MAA Rche:arsal/Performanc
beginning a: the facility, cxtcnYlinr westerly, northerly, and then wceadows ortion
and north of Anderson Park,Thehs West
main will collect
of the Institute prrlperty'tod in restaurant, parking, and
wastes from the meeting, g g�
health club facilities, and connectextend W tcrly and north of the
into he ACSD Castle
_r11stee Townhouses,
Creek Trunkline.
10
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Dt
667 t"'G 743
(v) Install and cunstnlct a sanitary se' er collection system on
the Physics Property, extending A parking
too lotctand
Boettchcconnectc into the IACSDacross
sewertmain he NIAA
Roaring Fork Road.
lCrcck sanitary trunkline shall be lined wherever
tions of the trunkline must be replaced
(v9) The Caste ,
practical. If sec
such replacement loca
Engineer and Planning isc
Department and the least disruptive
practical methods of construction shall be identified and
employed. 'll be
aced
(vii) Where necessary, all existing �pgradedice lines
and proposed icon -
and up -sized to support
struction.
(vnt) will All tbe abandoned he cyisting tin place according to district regulations.
Plans and specifications for all sanitary sewer system improve-
ments will comply with generally applied ACSD specitcations and
ecordation of
be subject to the approval of the District manager. proposed Rsyst n sizing,
the Plat shall indicate acceptance of the
sements. Final acceptance by the District Manager
locations and ea
upon submission of final test reports by an
shall be conditionedying
independent registered civil enginecsubstantial compli
mance with approved plans and specifications,
ante with all generally applied rules and rc;ulations of the
District, and submittal of executed and recorded easements on the
st�.ndard District form-
(c) r
to
The Consortium agrees to contract with Holy Cross Electric bin
install and construct all necessary electrical system upgrades
from three
the Project. Underground facilities will be brought
points of connection: Meadows Road, the overhead substation on
Creek overhead
the h sideside
the Roariof Castle. ngFork River. Alcxiting unnecessary
soul
on -site electrical lines clectr cal lines will be consistent e aba with the ndoncd IutilitY corridor�nsl whenever
practicable.
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Bt. 667 PG 746
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ail•.... ��.vi_,. F'i+l ;n Cnry C'l
in
The Consortium agrees to contract with Rocky h41to the
Gas to install and construct all necessary
system for the Project. Underground facilities will be brought in
from two points of connection: Meadows
eade w SRo es andRoaring Fork
will be abandoned
Road. All existing unnecessary
lines will conform to the utility
in -place. Routing of new g
corridor wh., rover practicable.
(c) nnc�r UndereroundU- Ilt�t
�
anyon
The Consortium agrees to contract with U.S. West and des to
necessary upgrades
Cable Television to install and construct all
their individual facilities within the Project. Points of connection
and Fork
�•
linesws Road in -place,
will be from willing be abandoned
rt
existing underground
unnecessary e g
new routing will conform to the utility corridor whenever
I
and
practicable.
(�2MLn=
The Consortium shall install and maintain storm drainage facilities
unicipal ode
for storm runoff from f site detention area designed in accordance with to detain the
Section 004.C. Urban Storm
t
t
on -site 100-year storm runoff as specified by the
100-y
Manual will be constructed north of Anderson
Drainage Criteria
Park as shown on the Drainage Plan.
The design volume that will be detained is approximately 0.9 acre-
A final plan will besubmittedublic
totthcPcom-
foot of storm runoff.
Works Director for his review and approvalprior
mencement of drainage work within the Project.
(g) Fir�Protection
feet Of
The Consortium rw s to Nfa hydrants Wit0
Placement be reviewed
all existig and proposed structures.
by the City of Aspen/Pitkin County Fire Marshall
and approved
prior to commencement of construction.
1
12
1
r nV 667 r'G 747
i - fir.-c 4 • '
(h)yy ati0n ar a �mnl ^f F.a cm�n
The City agrees to vacate any water, sewer or other utility
reservations at such time as these utilities are either abandoned or
relocated in accordance with the Con
so tm mmiitmenteasements for
Set
forth herein. Consortium agrees tog anY new
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
2. meadows Road
cessing
all ecreated a new ,,*Ieadows odge
Thereat the hecMeads. lSavianahtute lshall
0
andthe residential dental properties
facilities
the new Meadows Road, Seventh Street/North Street intersec-
in accordance with
construct
tions, and Meadows Road/Eighth Street intersection
b
Plat. The new Meadows Road shalla
ah Street pothe sou h
i
dedi
the
from its intersection with Seventh St
boundary of Lot 6.
Legal access to and from the new Meadows Road shall be provided where
futurep oe ernes utting that
necessary for the benefit ofand
tsare shown
Meadows
portion of the old (existing)
and depicted on the Plat.
i
Meadows reduced to a speed
Roaded stha
Oc
The speed limit for the hne
below thirty miles p termi Cty Eng nee .
,
old (existing) Meadows Road shall be converted at the expense of
The old with ownership thereto to remain in
The
nah to a pedestrian trail/bikeway
Sav
the City.
In connection with the laying out and construction of the new Meadows
design and other standards and
Road approved variations from subdivision
the Municipal Code include the following:
elements of
and sidewalks need not be provided within the
�{
■ Curbs, gutters
development.
Alleys, paved or unpaved, do not need to be provided.
Traffic control signs shall be installed at the intersection oft e
d with Seventh and with Eighth Streets, but no
1
new Meadows Roa
13
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ZFF{
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p?4'7a ! / .. _ I6: t' �'ec •r,.li J. KT 667 PG 748
f•; • '•n' - ar' RCC 4.0'7'
traffic signals need be provided. Speed zones shall be signed as
determined by the City Engineer.
If determined to be necessary by the City Engineer, street lights
+ need only be provided at the intersections of the new Meadows
Road with Seventh and Eighth Streets.
No street bridges need be provided. Culverts to accommodate
+ irrigation ditches and drainage shall be installed.
+ The minimum centerline curve radius for new Meadows Road shall
be reduced to h5 ohth
f-% at andor
widths near
he bentersection reduced too40'feet.
Street, and rig Y
Maximum grade shall not exceed g%. A11 dimensions shall e
specified and confirmed on the Plat.
+
No street -end dedications need be provided.
* CI1I-de-sac length for Meadows Road has been increased to a
maximum of 00
0feet with a centerline turnaround
he administration building of approximately 50fee. diameter at
The new road alignment shall be called "Meadows Road".
ll
ist of
tonwoods
* Street trees lining new spaced
Meadows 30afe taalongsthe cast boundary
of 2 inch caliper n D
beginning at the intersection with Eighth Street and expending
north to the tennis courts.
+ The Meadows Road construction rshall be a local street in accor-
dance with the Plat and SPA appals
E. ADDITI NAL NDiT1ON P SITE IMPROVEMENTS:
In connection with the installation of all site improvements to the Property: 1, There shall be no interconnection of non -treated water systems to potable water
systems.
rtium shall convey
2. Pursuant to Section 23-56(g) of the Municipal tCCedie, easeme, the ent and merest may
b special warranty deed to the City any rig ohts
Y
have in the Si Johnson Ditch along with any water wells or other water n,
appurtenant to the Property. The City shall lease back to the Consortium, or its
14
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ti+ �✓mot{ i" -�•'
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-,err •..
•,q^ i•t/�•l/`?- lrr.:
.-.
n�,� fnr
i:. .
.•i�c C�_zvi'•
successor(s) in interest, raw water for irrigation use within the frPtheef
fiin an
cient
t
amount equal to that amount of water reasonably necessary
plus S100.00 per year.
irrigation of the lands historically irrigated. Consortium shall pay to the City Its
pro rota skate of, peration, maintenance and repair costs, p
The lease as noted ds of above
shall not ity minimumsubord
municipalflows, hydroelectric e the use of the water 1plowe thor
emergency nee
municipal purposes.
ll not intentionally direct runoff into irrigation
3 Drainage design for the Project sha
ditches or ponds.
to roa(
q, Utility facility installations
nsllations shall
be restricted
If utility facility installations Idmusttoccur
landscaped corridors or
otitside of these areas, suchalternate
width
at possible so as to minimize vegetate fenced ion
barricaded to the narrowest width p incur and
nstruction actcted and ivities
City EngAll utility
disturbance or destruction from co
location corridors riooll ethesissuance of any excavation permit.
Planning Director pt
Ited y utility
5. Vegetation repplace as spec c s vegetab on disturbed installation
ortutilize the same
dama ed
plant species
to
6. All ditches, swales, intermediary ponds and detention areas uses ah lbe dcpl be bjtedec on
appropriate easements for access and maintenance pure
the Plat.
7, Trench box coast so asntmethO
o minomsize site shall be tilized for the utility installations
disturbance.
whenever posse
ble
wo feet on
g, All trail easements all c temporary �onstruf the trail
t Ion width
asements all as shown. oo the side
lat•
the trail plus required
F. FINA`1� Si1Rx=j- ANCFS:
in forms letion of the
Financial assurances in um �� ensure he satisfactory installation e to thenand Consortium p d City shall
be provided by Consorts
ld
provided that only that portion of the financial
new Nieadows Road, all utility infrastructure, including water lines, the trail along o
Meadows Road, and the parking facility; p
lace riot to issuance of that
assurances found b Tthe Public elated permit so ght emust be tor to be
Paced P the work for who a
given constructionytime and p rmit. The Consortium
tium hall have
t e gi gent with an at an, form of rom time t
of financial
es
substitute financial
15
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-. c-t- pl ^1!�^ C. or'!' Doc o-
provided always that such substituted financial assurance is satisfactory to the City
Attorney.
jI i`'DiViD AI PARCET
TIM ASPFN MEADOWS
A LOT 1 THE A PFN INSTITUTE: a
Lot'. is the Institute Prnd Wildlife
operty and is zoned Academic (A), Open Space (OS) Lot
Preservation (WP), all according to and a,. shown on the Plat. New anterior qua ement nfeett,
for 50 new lodge units totalling renovation
gross
1 has been approvedlodge units, a health club renovation and expansion of 1,800
for 110 new and renovated lode gross interior
P gross interior square
gross interior square feet, a restaurant renovation and expansion of 2,0
square feet, a renovation and expansion of the is S�ctur 9forg97 cars below the
feet and the creation of an underground parking
reconfigured tennis courts.
1• Dimensional Re'it m n 0
The dimensional requirements which shall apply to all permitted and conditional
District are shown on the Plat.
uses in the Academic (A) Zone
1:
Z• nff SlrePc Parking
g untilcompletion
The Instituteshallmaintain
9structure.off-street Parkin spaces on Lot 1
of the underground parking
3• Site improvements
(a) tilitiitig the
e . All telephone, electric and cable lines on Lot 1 y sewer lines
improvements shall be undergrounded. All water and sanitarythe
shall be designed and constructed in accordance with videstandards
rds of required. 1:
and of the ACSD and as built easements will be p :
F
(b) Land cave improvements. Institute shall la s recorded asde by and pbstantially
artof the
conform to the trecar removal and la de�a ofpthe Records. The landscape
Plat in Book� .,
et plans depict and describe the nature, espen'�andlsie1of existing plant
materials in appropriate relation to scale, spec
material, flower and shrub bed definition, a plant material schedule with II
sizes and quantities, proposed treatment of
common and botanical names,
all ground surfaces (e.g., paving, turf, gravel, terracing, ere.), decorative
water features, retaining walls, fencing, benches, and all other agreed-
16
) . A. H H���.My.{. � " �•L,.Wrr`Ii�`y Ci'F 'i+ � �.. -. ...
667 F 751
r f'
n a
ical
upon landscape features. Such landscaping shallbe
emenslasccoimempgated
sequence commensurate with the sta,inu of imp
in the Lot 1 Construction Schedule, but in no event later than one year
ate of
nal
after the date of
e of the C It is the mutualcunders Occupancy
of the parties
phasephase p
Certificates of Occupancy may in fact issue for improvements even thoughIt-
the landscaping improvements related thereto have not tforbeen oinpthis
ed, so long as that portion of the financial guaranty provided
agreement, which covers the estimated cost of such unfinished landscap-
ing, remains available to the City pursuant to the terms of this agreement.
All tree replacement shall be on a one-to-one caliper inch basis throughout
the Project as a whole with minimum size at 1 1/2" caliper.
4. Tr it
The Plat depicts all trails dedicated or conveyed to public use and all easements
linking off -site trails to the developmentan casement
runn n trails beh stemndl Lots�7-10ng ) to Meadows
for a trail link from Lot 3 (Physics), g
houses and restaurant.
Road, and (b) the trail easement between the tennis town
Written �sesbuiltllocation of eachexecuted teasementThe
conveyed
after
Con ortiumnandcCy
confirming theas
e is
agree 'that e � acetr t kit hall havetrails are ono financial t to obligation ation whatsoever stfor tany
granting
trtiWnhomesor related
work
n the
trail
ant as around
showthe
t ack or the trail between the Tenors
To
Fina_ nc�al Assurances
rovements in
In order to secure the construction of tuaran ee lo0clohe site and dofthe estimated cost of
paragraphs 3(a) and (b) above and to gable
rrcvOc
such improvements,
Inrtcredit from a financially itute shall guarantee 'responsibleblendersthat funds in
letternt of the amount and hestimatedinstallation coftthe above-describede improvements. Y for As a
constructionos
of
e renovation
conndncWncfor
sissua.oneanticipatedof a 'hcrPermit,, the institputte and City lshall hagree on that
anParagraphs 3(a) and 3(b) above reasonably
portion of the work outlined in sough and the
necessary to complete the work for which a permit is being sou, Prior to
mutually agreed upon financial All i assurances shall be
del
rancesivere gi�enhby Inse City tute to
issuance of the building Permit.
right thereafter
City, in all events, shall give the City the unconditional right, upon and following
default by the Institute, notice thereof by t and he guy, nndemand tod a forty tpartially or fully
to cure, to withdraw funds as necessary Po
complete and/or pay for any of such improvements or pay any uncontested
17
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•.
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n t :
667 .
R. I)!.�
r with any excess guaranty
outstanociated
ding bills for work done thereon by any Party'
improve
already
amount to be applied first to fedair�of any deterioration ive in mPl costs el aced
�f any) of such guaranty is released to
with any such default and the P improver are completed, the Public
constructed before the unused re u?rede rnP written acceptance, he
Institute. As portions of tthen, and upon approval and reed
guaranty delivered by Institute of the agreed
Works Director shall inspectt that 1090 of the actual
shall authorize the releaortion ooflthe improvemfrom ents excep all ro osed sit'
estimated cost for that P e improvements shall be retained untilby Public Works
cost of the site'm landscape
o esments are completed and approved
or landscape P
Director. right to substitute for
At anytime and from time to time, Institute shall have the rip
given, so long as such substituting form meets the
the form of financial assurance g
such substitution shall
royal of the City Attorney in his determination.
requirements for form
apP content above set forth* nY
be subject to the p
6. Emolov es it has granted the
reement the City acknowledges
facilities from
Under the terms ° this development exemption for essential p
Institute a GNIQS impact mitigation for the Institute's existing
competition and affordable housing P -
and new facilities.
A S IAT ace (OS) all
B. J. T 2 - M SI en Sp
and is zoned Academic (A) and Op
Lot 2 is the IvIAA Property development on Lo[ 2 consists of the
e area, a gift shop, a refreshment stand, a box office and
according to and as shown on the Plat. Current develop stage expansion
performance tent, the back stag ment allows for erfo°mancetent
hall ofack I11,000 square
a parking lot. Approved new develop
gross interior square feet, a new re oearintenor square feet to the existing gift
of 1,500 a ansion of 100 g• of the tent to increase
feet of floor area and an ex royal has been granted for a re -configuring
shop. Additionally, approval d the definitions thereof for the
Use
tent seating to a total of 2,050 seats. FARs for not less
allperformance hall shall remain as set forth and defined in the Asp
1991, notwithstanding and shall survIuently adopted
Regulations in effect aOsucceeding June 10, 1991, any subseq
than the three year Periiod next o the definition or calculation of FARs.
reduction in or change
1 Dimensional Requirement apply to all permitted and conditional
The dimensional requirements which shalls
uses in the Academic (A) Zone Distrie
t are established on the Plat.
19
667 3 753
„ ,• .. r,+
2• off- trees Pnrkina
The parking lots at the South end of Lot 2 shall be reconfigured to allow for off
il through the
biketracks
ksdfop ofncert goepedestrian rss and parking for approximately 274ng taule adJition Of
tomobiles, as
bike
shown on the Plat.
3• Lite imprints
(a) jj1ilitin. All telephone, electric and cable lines on the Property servicing
the improvements shall be undergrounded. All water and sanitary sewer
lines shall be designed and constructed in accordance with standards of the
City and of the ACSD and written easements confirming the as -built
location thereof will be provided if and as required.
(b) r ,ndi ane Improvements. MAA shall abide by and substantially conform
to the tree removal and landscape plans
the Records.recorded as part of The landscape he Plat in
plans
Book .�, at Page _�L , et seq. p
depict and describe the nature, extent and location of all plant materials
s and sizein appropriate relation to scale, sP�' lant materialf scheduleexistingplant with common
flower and shrub bed definition, a p
and botanical names, sizes and quantities, proposed treatment of
all
ground surfaces (e.g., paving, turf, gravel, terracing, etc.), or
ve
water features, retaining walls, fencing, benches, and all other agreed
upon landscape features. Such landscaping shall be completed in a logical
sequence commensurate with the staging of improvements as contemplated
in the Lot 2 Construction Schedule, but in no event later than one year
after the date of issuance of the Certificate of Occupancy for the final
phase of improvements. It is the mutual understanding of the parties that
Certificates of Occupancy may in fact issue for improvements even though
the landscaping improvements related thereto have not yet been complet-
ed, so long as the portion of the financial guaranty provided for in this
agreement hereof which covers the estimated cost of such unfinished
landscaping remains available to the City pursuant to the terms of this
agreement. All tree replacement shall be on a one-to-one caliper inch
basis throughout the Project as a whole with minimum size at 1 1/2"
caliper.
4• FinancialAssuraa_�a
fthe site and landscape
In order to secure the construction
ns uctio toguaran guarantee IOO�of the improvements
of
(b)
Paragraphs 3(a) and
arantee by irrevocable bond, sight draft or
such improvements, hIAA shall gu
a financially responsible lender that funds in
letter of commitment or credit from
19
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e. �. .. • Y �y r _ t t i� r1u� Tfi=,T•afi r
r.F. 667 F'G 754
,iq�.. 1, ��i/. tll: t� Win'-
;1 �_ ,t � nq; '6. � u�
, �
itt i r, C: r , *k-
the amount of such estimated costs are held by it for the account of City for the
the above -described improvements. As a
construction and installation of
of a building permit for a portion or all of the renovation
condition for issuance
MAA ann that
anticipated herein, arrea�onably
hs 3(a) aadC3(b)Sityhaboveall
and new construction
portion of the work outlined in Paragraphs
is being sot ht and the
necessary to complete the work for which a permit
financial assurances shall be delivered to the L..y prior to
mutually agreed upon
All financial assurances given by b1AA to City,
issuance of the building permit.
the City the unconditional right, upon following
'
in all events, shall give th^�cafter
default by the MAA, notice thereof by the City, and a forty day ri•
ur fully
to cure, to withdraw funds as necessary and upon demand to par,..
or ay any titi,otitestcd
r
complete and/or pay for any of such improvements
withpan exceNs guaranty
done thereon by any party, y
outstanding bills for work
first to additional administrative or legal costs associated
amount to be applied
default and the repair of any deterioration in improvements already
with any such
the unused remainder (if any) of such guaranty is released to
constructed before
of the required improvements are completed, the Public
AtAA. As portions
Works Director shall inspect them, and upon approval and written acceptance, he
delivered by MAA of the agreed
.
shall authorize the release from the guaranty
except that 10% of the actual
0
estimated cost for that portion of the improvements
landscape improvements shall be retained until all proposed site
cost of the site or
are completed and approved by the Public Works
or landscape improvements
Director.
At anytime and from time to time, MAA shall have the right to substitute for the
substituting form meets the
L 1
t
form of financial assurance given, so long as such
fer form and content above set forth. Any such substitution shall
+i
requirements
be subject to the prior approval of the City Attorney in his determination.
5, Employee Housing
this Agreement the City acknowledges it has granted MAA
Under the terms of
GMQS exemption for essential public facilities from competition and affordable
a
housing impact mitigation for MAA's existing and new facilities.
1
C. T OT 3 THE ASPFN C'FNTFR FOR PFJYST :
Lot 3 is the Physics Property and is zonc6 Academic (A) and Wildlife Preservation
Development on Lot 3 consists of
i
(WP), all according to and as shown on the Plat.
building for Physics. No new development is approved by
meeting facilities and library
development with appropriate review is not precluded.
this plan; however, new
IL
1
I .. J -,• , f r; 1• `. 'l
�
- 'lt i l,r. �..-1/
�-i►�YM"�Il+
y74,-,-,-37 1*11/ 7•T;.,` 16.17 .. t.sr.r,,; i, M 667 t'G 755
n!cv i .'r I. , Doc 4 .
Site Improvement
(a) ili Ij,
.Physics shall install and hook up to a sanit°•try 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.
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
givenso Ion; as such substituting form meets the
the form of Financial assurance
21
ye •� _
_ -1 �F�, .•fly li):i `'/`, —!i.afl t)•:1C 'r'IJ'
ch substitution shall
determination.
requirements for form approvaleabove set forth. Any uof the City Attorney in hisdetermin
be subject to the priorpp
3. Trails
The Final Plat depicts a trail easement across the Physics Property from Gillespie
agree hbutat hhasrno
Street to the race track tail on LotI. shssgraics annghth sleasement
to be p
easement is not
of any kind for the trail or any related work.
financial obligation
D. I QT i:nNCFRVATION i AND:
Aspen for the purpose of open space. Lot
Lot 4 is to be sold by Savanah to the City of
be zoned Wildlife Preservation (WP)• It is the intention of this zone district that
appropriate bridge connections to the
4 shall
Property remain open with a trail system and
eomma maintebers nance
r-
Rio Grande Trail.
Rio whatsooever for the construction, Exact
any responsibilityrated into Lot 4. Exact trail
shall have
of any trail or other recrcatio the Planal ning ngties tDibector gity ng prioritY to those alignments
be approved by and landscapeandch
,
locations must
minimize damage or disruption to existing vegetation
switchbacks, top
which
subordinate grade considerations and, thus, minimize
1
existing topography.
I Si�rovemcnts
as existing and
The Final Plat shows utility line casements
(a) It111t . and sanitary sewer, and water.
1
proposed for electrical, g as, storm
TF S 14 S1 j"'I E. A PLN MEADOWS:—
E 1, T 5 - THE TR
to shown n the Plat.
tee houses, each of appas
approximately
Lot 5 is Savanah's Property andis of the eight wsing
Lot 5 consists has been
Existing development on
1,750 square feet, consisting of three bedrooms and two baths. Development
to
existing' truaddiee tion
three newouses
approved for an expansion and renovationtrustee
feet of FAR each In two
units of Z,500 q of the existing un its and
three bedroom one on the South end
houses shall be developed on Lot 5, feet of
new unit will be 2,500 squareSquare
eleven uni
oil the North end of the existing units. Each
5t00 sqh thirty-
Total build out of Lot 5 shall consist of
feet
with three bedrooms. excluding to
thereof for the existing and new trustee
three bedrooms and 27.5Rs square feet of FAR,
per dwelling unit). FA and the definitions in effect
the e
canddshall nnotJlesse R hanathe three year
houtions
Survivin
ses shall remain asset for
as of June 10, 1991, notwithstanding
22
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atYe►
N34 ic?3- litA1 i '_ t •.,; far F404:1.00 L+K: 667 PG 757
�. tt;,, i.rl::. roe 'F
-n.
period next succi:es!uml::tune ; 0, t9i1, any subsequently adopted reduction in or change
to the definition or calculation of FARs. The three new residences have received an
allotment under the GMQS and have received variations for setbacks, height and open
space, as noted on the Plat and as described below.
1. DFmen�innal 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:
e)
0
g)
i) 3 bedroom unit:
Minimum lot width:
3,630 sq. ft.
60 feet
Minimum front yard:
i) Principal building:
10 feet
ii) Accessory building:
15 feet
( 1=. A variation from minimum RMF Zone District front yard
setbacks for accessory buildings has been granted by the City to
zero tit for Lot 5.)
Minimum side yard:
5 feet
Minimus. rear yard:
i) Principal building:
10 feet
ii) Accessory building:
15 feet
Maximum height:
25 feet
Cam. A dimensional height variation for the two northernmost trustee
hcescs has been granted by the City for up to eight feet.)
h) Percent of open space required for building site:
35 3'0
23
en
( I�fgi Minimum RNIF Zone District open space requir; l-r.- `s have beis
of the open r.
waived by the City for Lot 5 in consideration
provided in the SPA development plan.)
l:l
i) External FAR (maximum):
no rcquircmcrt
j) Internal FAR:
1 space per bedroom
k) Off-street parking requirement:
r��� cnt
onth Minimm 1. Reauircm
2 n mini Imii i nand Sir Mu
'
,
.0
Pursuant to findings made during the approval process and in accordance with
Municipal Code, the City has granted and awarde
5.
•
Section 24-7-1007 of the
approval for all eleven units contemplated for Lot
10 ayment of an
;
condominium
Condominiumization of the eight existing to Snitsois24 7j 1007A(ect
1)(c). Ilse fee
affordable housing impact fee according
at time of recordation of the condominium plat
totals S64,240 and shall be paid
and declaration for the units on Lot 5.
as
The six month minimum lease le r condominium uni
de has beensand c ercbyei
of he AunicipaI-C
at Section 24-7-1007 (A)(1)(b)() roved b th:s SpA plan.
on Lot 5 as app y
waived as to all the condominium units
3. aig r nt5
tcicpltonc, electric and cable lines on the Property servicing
ili i and sanitary sewer
'
(a) .All
the improvements shall be undcrgroundcd. All water
and constructed in accordance with standards of the
t'
lines shall be designed
ACSD and writtcr casements will be provided if and as
City and of the
confirming the as -built lo"�tion of each casement.
required
Swad shall by and bstantially
plansabidrecordedaspartor the
(b) r .teran, imnmv me
and landscape p
t
oval
conform to the tree removal
Plat in Book �1k at Page , et seq. of the Records. The landscape
andlocationall
ccatisize
t
plans depict and describe the nature, extent
spec' es and o� existing st plant
materials in appropriate relation to scale,
material, flower and shrub bed definition, a plant material schedule with
roposed treatment of
quantities,
common and botanical names, sizCturP s an;ravel, terrap g. etc.), decorative
vel
'
Il
all ground surfaces (e.g., paving,
features, retaining walls,in aand all other gog cal
water landscaping shall lobe completed
upon 1a11dscape feats
of improvcnic"Is a5 COnlCIllplalCt
SCQUCncc comnicnstlralC with Il1C Staging
Schdulc, but in no event later than one year
in the Lot 5 Construction
24
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'1 �•t �:
( �.'r•. .-\ � .�''r �,. �.�. ;�. .y.i; '.r.
``.•<:,:�.ai�'
•
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yes :�:.', � ..'T�.^'
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_}'��.;,-
�.:."., E•t 667 Pr; 759
catC of
ncy for tile Final
after the date of ments. °s the mutualhe understandingaof the parties that
phase of improvements. It
Certificates of Occupancy may in fact issue for improvements even though
ict-
the landscaping im
provements related thereto have not etbeen id comPthis
ed, so long as that portion of the financial guaranty provided
Agreement, which covers the ,stimatcd cost of such unfinished landscap-
ing remains available to the City pursuant to the terms of this Agreement.
All tree replacement shall be on a one-to-one caliper inch basis throughout
the Project as a whole with minimum size at 1 1/2" caliper.
4. Trails
The Plat depicts all trails dedicated or conveyed t , including the trail casement
public use and all cascmcnts
linking off -site trails to the Project's trail system,
Written casements shall be
between the tennis townhouses and restaurant.
on of
executed and t. A portion of ther e trailconstruction
Eas tment forrrming the the trail frombuilt Meado vs Road
each easement. Apo
E Lot n crosses Lot a 'a depictedon
recreational facilities
construction on
es and
Easement and any other 'appurtenant
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.
5. T'inac�1urranccs
order to secure the construction of
the site and landscape
e estimated In rovements In
Paragraphs
cost of
paragraphs and (b) above and oguarantee
such improvements, Savanah shall guarantee100%
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
ah and City
s all errs ee on that
t
portion of the work outlined in Paragraphs
necessary to complete the wer;; for which a permit is being sought and the
l be delivered to
rior to
mutually agreed upon financial
permit. All ces financiall assurances givenle City by Savanah h to
issuance 11 the building pc
City, in all events, shall give the City the unconditional right, upon ta and
rtto
default by Savanah, notice thereof by the City, and a forty day rig
cure, to withdraw 1 funds a� n of ssach tmprovements or, payto pa yaluncontested
complete and/or pay Y with an}' excess guaranty
outstanding bills for work done thereon by any party,
iated
amount to be default and the repairo
fany deterioration administrative m improvements �� already
with any
25
—
^,.�
667 ter, 760
t�— _
constructed 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 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. r:mnlp e Housine
Savanah and the City acknowledge that the renovation and expansion of the eight I
trustee houses do not create any employee impact because the bedroom count in I ,
each unit remains at 3. Savanah shall pay to the City an affordable housing
mitigation impact fee for 1.66 low income employees per unit for each of the
o be calculated pursuant t
three new all be residential units on Lot 5, in an amount to
those fce guidelines in effcct at the time the fee is to be paid. The fee sha
building permit for construction of any rew
paid prior to the issuance of the
be pail in proportion to the number of units
residential unit on Lot 5 and shall
sought to be permitted.
vz�
T N 1 T wNHOh1FS AT THE ASPEN htFAT)OWS: �t
F. t (1T fi - T14F i
Lot 6 is owned by Savanah and is zoned RMF according' to and as shown on the Plat. ;
Currently there is no residential development on Lot 6. Approved under this plan is
development of seven townhome units of three bedrooms and 2,500 square feet of FAR
t of seven units with twenty one bedrooms and
each. Total build out on Lot 6 shall consis
17,500 square feet of FAR, excluding carports (up to 500 square feet per dwelling unit). tt'
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 effcct as of June 10, 1991,
notwithstanding and shall survive for not less than the three year period next succeeding
Jttnc 19, 1991, any subsequently adopted reduction in or change to the definition or
calculation of FARS. The seven new townhomes have received an allotment under the
City GNIQS and have received variations for height, open space and setbacks for t
accessory buildings, all as noted on the Plat and described herein. ti
26
i
0
667 r-r 761
1 Dimcn. i nal R uir mcnt and Variation Thcr fr m
requirements are (or the Rh1F Zone District;
e onal nts that have been granted for the development
The following dime
variations in then q
activity contemplated for Lot 6 are noted.
6,000
a) Minimum lot size (sq. ft.):
b) Alinimurn lot area per dwelling unit:
3,630 sq. ft•
i) 3 bedroom unit: 60 feet
c) Minimum lot width:
d) hlinimum front vard: 10 feet
i) principal building:
IS feet
;i) Accessory building:
(�• A variation from minimum R`1F ZonenD District front ythe City1to
setbacks for accessory buildings has been g Y
zero feet for Lot 6.)
5 feet
c) ,linimum side yard:
f) Minimum rear yard: 10 feet
i) Principal building:
15 feet
ii) Accessory building:
25 feet
g) lvlaximum height:
(�, A dimcns crtnal height
ranted byrthc City for upc o three n for the center portion feet as shown on
townhomcs has b
the Plat.) 35 Ca
h) Percent of open sp1cc required for building site:
een
(Note. p, inimum RMF Zone District open space requicnme�eChothebvite
waived by the City for Lot 6 in conslanra1•on of the op p
provided in the SPA development p )
27
C.
i
h:
667 F' 762
a `'' J r• 1:1
i) External FAR (max'rnum). no LeQuirement
�) Internal FAR: I space per bedroom
k) off.street parking requirement:
with
ndominiumiza io^ and Six Month htim l"erao Band in accordant=wards
roval p and a
s made during the approval Code the City grants
Pursuant 24 �'nd�� of the Municipal wnhome units on Lot 6 as
Section approval for the seven tennis to
condominiu this
h s1SPAon plan.
approved by
lease requirement for cal Code has been and herebyis
The six month minimum 1 of the „tun!cip
at Section 24-7-1"7 (A)(1)(b)( )
waived as to the seven condominium units on Lot 6.
Sir vem nt rt servicing
'ewer
All telephone, electric and cable lines on
er and sanitary -
(a) 11tili i rounded. All
the impr^vements shall be u nstr. will be provided if and as
all be designed and constrene�n accordance with standards oft e
lines shall written easement.
City and of the ACSD a, ilt location of each
required confirming the as
and substantially
Savanah shalt abide by art of the
1 an n m r v mens plans recorded h p
(b) er seq. of the Records. he landscape
conform to the tree removal and landscape P d locatior. of all plant
Plat in Book -1'- at Page extent an
de . t and describe the nature, ties and size of existing pwith
Plans p• a plan' material schedule
materials m appropriate relation d scale, ape proposed treatment of
material, flower and shrub bed definition, P
sizes and quantities, etc) decorative
paving, turf, gravel, terracing, reed -
common and botanical names, o benches, and all other agreed -
all ic21
all ground surfaces (e S walls, fencing' feted in a log
retaining shall be comp contemplated
water features, features. Such landscaping improvements as
upon landscape in of imp vent late than one year
sequence commensurate with the stag g cu ancy for the final
in the Lot 6 Construction of hele, but In
Certificate of oc P of the parties that
after the date of issuance eve though
rove
a lc[
phase of improvement: • it a thn factmuttissuc far imp trig et been comp
Certificates of occup. , Y uaranty provided for in this
the landscaping improvements related thereto have no
ed, so long as the por„on of the financial g reemcnt. All
cost of
Agree
ment which covers the est r al t to the terms of this Ag landscaping
remains available to the City Pu
SUa
28
E
E
667 t'•r3 763
tree replacement shall be On natoumto� a at 11 1%�r"inchiperis throughout the
Project as a whole with m
Trail s public
The Plat depicts all trails dcdhe iProject sor ctrall system. Two yed to �s�� Ideaslementseare
e unpaved walking
linking off -site tra
associated with Lot b�he Meadows Roadminimum
on he Eastern t dge of Lot 6 and he
path which parallels Weston portion of Lot 6 to accommodate the
second is the casement on the ad t on the Plat. Lot
oss
construction and k Rivera he Rio Grande Trail aloas dtpad to Lot 4 an t. L
the 'Roaring F with easements for these trails as shown on the Final Plat.
6 shall be burdened path shall be completed by Savanah in connection
Construction of the walking p improvements on Lot 6. Savanah anthe
Cfor
with the construction of the imp permitted
in the
acknowledge and agrec that :111 responsibility for construction of and payment
the trail to Lot 4 and'any other appurtenant recreational amenities
zone district and landscaping
i the sole he maintenance hieireof the City, and Savanah
f.
shall have no responsibility
Finan :ial Assurances r1 hs 3(a)
In order to secure the construction of :i;e site improvements in Parago P mcnts,
f such
and (b) above and to guarantee 100% of the estimated lender Icost r letter of commitment
Savanah shall guaratee by irrevocable bond, >;
or uch
credit from a financially ie` for the accounttoftC tydfor the consotructionsand
estimated costs, are held by improvements. As condition for issuance of
installation of the above -described imp
a building permit for a portion or all of the construction anticipated heron,
shall agree on that portion of the work outlined in Paragraphs
Savanah and City to complete the work for which a
3(a) and 3(b) above reasonably necessary
sought and the mutually agreed upon financial assurances shall e
permit is being sou, o permit. All financial
Prior to issuance of the buildino Pe give tt:e City the
delivered to the City Savanah to City, in all events, shall a ter notice thereof
assurances given by
unconditional right, upon and followine default by Savanah,
by the City, complete andlor pay for any of
and a forty day right thcrcafu:r to curt, to withdraw funs as
on demand to partially or fully comp bills for work done
necessary and up o uncontested outstanding lied first to
such improvements or p-Y y uarant amount to be app
thereon by any party, with any excess g Y
rovemcnts alread constructed before the unused
additional administrative or legal costs associatedywith any such default and the
repair of any deterioration in imp
vanah. As portions of the
remainder (if any) of such guaranty is released to Sa
rovemcnts are completed, the Public heohallrks Dtu authorize the release
required irector shall insPcct
mp roval and written acceptance,
them, and upon app
29
i
..r
�. , - • '�
- �, �; .;jai.
rt:• 667 4
l n 1 ' • .. 11f.r '�• � �
r
site or
;rom the guaranty
delivered by Savanah of the agreed estimated cost for that
portion of the improvements except that 100 of theactual
ssiteOortlandscape
landscapeimprovementsroved un the Public Works Director.
C1ea and approved retained until all proposed
improvements are comp tit to substitute for
ivcn, so long as such substituting form meets the
At anytime
and
Financial assurancetge, Savanaheshall ttiavA ves right
substitution shall
the form o
requirements for form and content above s
be subject to the prior approval of City AttorrleY :n his determin:,ion.
6. F �, ee 11 1S1nV
yC
rne
house
Lot 6 Savanah shall pay to the City an affordable housing
In connection with the construction of the seven tennis(°un tOfor eachofthe
condominium units on to ecs P tcd pursuant to
mitigation impact fee for 1.66 low income emp Y be aid The Ecz shall he
seven new residentsainueffecnits Ot at the n Lot 6ime heafee isttoobe paid.
aiducaon of any new
those fcc guideline o ermit for
paid prior to the issuance of the building
in proportion to the number of units
residential unic° Lot fitted 6 and shall be P
sought to be p
THE RFSIDEN ES AT THF. AS MEADOWS
�T,; 7 nd 1 to the Plat.
l according .anted
Savanah and are zoned Savanah has been g�
Lots 7, 8, 9 and 10 are owned b) Under the SPA,
le family residence together with an accessory
lllesc lots currently are undeveloped. uare feet, excluding 500 square feet Of
approval to develop, on each lot, a sing rade FARs
4,540 sq square feet above g
(,welling unit. Each lot has a FARdO ell
unit Of 500 dwelling units shall
wage, but including the accessory
d Use Regulations in effect as of June
nd the definitions thereof for the residences and the accessory period next
remain as set forth and defined in the Aspen Lan e to the
iQ, 1991, notwithstanding and shall scgvcntly adopted reduction urvive for not less than the hn or change
an subscq Y specific building
succeeding June l0, 1991, Y
will be subject to protective covenants that will be
definition or calculationoof the Plat andThe four single family units have
covenants will.
9 and 10,
envelopes as sh Oration of an association of
?laced of record prior ro the sale a any of Lent 7, 8, which shall be
1 could( for (a) the establishment Ica � o°�memhe: of
at a minimum, P which Board shall
homeowners with a Design Review Board, state or
the City of Aspen Historical Preservation Commission,existing
d;,ignatcd by dwelling unit on any lot
hav" Original jurisdiction in al�at?nerrSnnwhich each accessory nce to the cable standards
lot, (b) the ration PP
condition of any pied and rented, including the incorporation the obligation of
n pitkin County Housing Authority; and (c) rt with and
;P,all he used, occu
�,,d g6delines of thee Aspen
nd 10 and each owner, at anytime, thereof to compo
cacti of Lots 7, 8,
30
1
9
f
0 •
AF 667 761
roved
abide by the applicable terms, provisions, and conditions
ondit o s oe �Ordinancvedan14 and approotmentver
Subdivision Plat for said lots. The four ( )
the City of Aspen GMQS and have received variations for minimum R-15 zone district
lot size per dwelling and minimum side yard setback requirements, as noted on the Final
Plat and as described herein.
1• _Dimensional
ne District:
ns
The following dimensional requirements agranted re for e for the odcvcclopmcntaactivity
in these requirements that have been
contemplated for Lots 7-10 are noted:
15,000 sq. ft.
a) Minimum lot size:
le
(Note. The minimum R 15 zone district
feectsize for Lopsr7Prin8 c9pand 10i) n..
unit has bun reduced to 12,000 square
b) Minimum lot area per dwelling unit:
12,000 sq. ft.
75 feet
c) Minimum lot width:
d) Minimum front yard:
25 feet
i) Residential dwelling:
30 feet
ii) Accessory building:
10 feet
e) Minimum side yard:
(Note. 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:
10 feet
i) Residential building:
5 feet
i1) Accessory building:
for Lots 7 10 are as shown on the
(Note. Rear yard setbacks
Plat.)
25 feet
g) Maximum height:
31
667 766
h) Minimum distance between detached 10 feet
buildings on lot:
No Requirement
Percent of open space:
4,540 sq. ft. r
External FAR: `
The square footage includes an accessory dwelling unit of 500 sq.
-01
ft. and excludes a garage of up to 500 sq. )
no requirement
Internal FAR:
i)
D
k)
1)
One space per bedroom, and one
Off-street parking spaces: space per accessory dwelling unit.
2 c;,Drovmcnts
ivt All telephone, electric and cable lines on the Property servicing
a) t , es•
the improvements shall be undergroundcd. All water and sanitary scwe
lines shall be, designed and constructedin
eac em °SeWilt be proith �ideds of t as
City and of the ACSD and as
lot lines. The utilities u�shall be installed rcmcnt of Savanah to install lutilities
d in connectionwi h
to
the 1the
the
construction of the new Meadows Road.
3. Finan ial Assunncea ei1 2 above
In order to secure the construction of the site improvements in Parara, p•
vanah shall
and to guarantee 10095 of the esti sight draftmalso�letter of or such i rmmitment oracredit from
guarantee by irrevocable bond, sip
a financially responsible lender that funds in the amount of such estimated costs,
omit
are held by it for the d improvements. City As a condition for for the Nssaanceon nofa building- installation P f the
above-descrtb P
at
for a portion or all of the utility instal ladoa,h 2 abovcn reasonably necessary ree on hto
portion of the work outlined in Paragraph
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
to City, in all events,
building permit. All financial assurances given on by vandh following default by
shall give the City the unconditional rig P right thereafter to ct�rclto
ete
Savanah, notice thereof by thcana upon dcmand a oandrty dtoypartially or fully comp
withdraw funds as necessary
and/or pay for any of such improvements or pay any uncontested outstanding bills
for work done thcr.on by any party. with any excess guaranty' amount to be
applied first to additional administrative or legal costs associated with any such
32
667 " 767
aircady ctcrioratsuch improvements
scd to Sa�tinah,ct
ed
default and the repair of any dAs
before the unused remainder (if any) of
portions of the required impro�•cments arc completed, the Public Weill authorize
shall inspr_'t them, and upon approval and written acceptance, he shall authorize
rom the guaranty delivered by Savanah of the agreed estimated cost
site
for that portion of the improvements except that
the cimprovcmentsf the
the release are
improvements shall 5yt hccd until all Pub1•c `VorksproDiposedector.
compltitcd and approved
titute for
l have the right
At anytime and from time to tine, Savanah ?ven, so long aslsuch substituting formrto smects the
the form of financial assurance g
requirenie."ts for form andcnt above
tile City Attset ootrnry in Iiisttdetermintation. shall
be subject to the prior approval
4. Fm i .,on Ho iSin� ruction of each single family
nce
re
In connectionnstelling unit of 500 square feet above grade. grade1Tisl b
c cone
constructed as accessory
d%vd restrcted to
bedroom °sdclincs in
ame to time as determitned by the Housing the low cAuthor rental
it shall be the
effect from
responsibilityOfthe li(ird the
ic�ants as dctc mined by the Houis'ngly iAuthor tytes to ScThc
r employee u q right to select the tenants. A copy o' the deed restriction
owners shall have the
form for these residential :'i,,es is attached hereto as Exhibit "D" and is incorporat
ed herein by this reference.
ro riateness of accepting,
At the time of application for a building Permit for any residential lot the City
he
` shall, if so requested by dwc i�ng owner,
on� heder lot,tcashpn 1 cu he or an off -site
I instead of the accessory
employee unit. The decision shall be at the reasonable discretion of the City.
14. ADDiTi7NAi PR Vi i N AND A RFF.NiFNTS:
1) r rvcc/ m re oencv • 'rt1e thirteen foot service access/emergency loop drive
serving the lodge buildings on Lot 1 shall be
Suched with an ac css/eme oiencthsyat all
�loop
surface adequate to support fire fighting app
drive(s) shall be plowed, cleared and maintained to thirteen foot wid
rticularly during the winter months.
times of the year and pa
protect
2) .irc Peron' All buildings
ive shall serve
haved nterior and `spr sprinkling ssed from tfirehe thproen foot
suppression l sion syncystems
P roved by the Fire Marshal and such system(s) must be
suppression systems as approved Permit.
approved prior to the issuance of a building
33
•
,. i- .1. • - ��c 1. r.� �.. �:,•i ._-4 1."
with fireplace
mc -
�ultti ^ A11 residential units shall comply
1 ire lace R Code and enforced Envtronunits
Z)
regulations as contained in the Municipal
No building permits shall be issued for r lade the wood
s
t<1l Health Department. fireplace regulations. Savanah
with gas log
compliance trustee house units on Lot 5 replace -
rep
absent
burning fircPlaccs in the eight existing
Minor relocations of existing ftrcPlaces shall Be°ts
of new fireplaces. All disputes
fireplaces. oration toethe Project
ment of existing and not the t^CO�ation of fireplace regulation
or interp to review and determination
concerning the application ect
thereof) shall be subj
(and individual components
by the Clean Air l3oard.
rmit for each
o
a building Pe
^ Prior Ian for that component for run-
mitigation
a
puanCelan
t e �titi-ati
ra� aoc roved by the City
be submitted to and approved
nt Of the Project,
and the
component
y
off during construction activit shall
insure against or minimize run-off into Castle Crcck
t•
Engineer so as to
Roaring Fora: River,
o Permit for each
issuance of a building
1 Prior to the component must
tom- artnunt and
5) Fu i 'v D fugitive dust control plan for that com
Replan
onent of the Project, a
of he
comp roved by the Environmental Health
and aPp dust control p must be
be submitted to fugitive
Department
applicable state agencies. Additionally, a e
TiAA rle MAA
cltearsal/
pe ^art the
submitted and apProved bythe of building Permit
parking lot prior to issuance••1
performance facility.
o conservaron and efficiency measures
Savanah. All forth in Exhbit "E"
QSraY application and set
6) F ner nservation -
by Savanah in its GbtQ PP VAC, and plumbing.
14VAC,
resented
as rep Ding solar orientation,
all residential units and the designs
hereto regarding insulation, g o
for
t
fixtures shall be incorporated into Permit
by the City prior to issuance of any buinto deed
further incorporatedd
must be app roved
residential constructio^• Tltcse measures shall be
for all single famtl; .1, . and condominia.
'
and/or covenants
restrictions and
nservati n - in titute and MAA''nse°vatton and elffic encycmeas: 14
7) .n r o detailed plans submttte
facilities s.�rall utilize state -of -the art energy
as represcrried by the Institute and MAA. Accordi^bly' rovidcd to staff in the
for building Permits for the lodge structures and
thenon P rehearsal staff
rmance
hall must be accompanied by
the cncr,y 1991, Exhibit "F" and the
Appropriate Technologies Associates' letter of May 3,
dal! Encrgy Conservation Description document
staff on May 20, 1991, a copy of which is attached hereto
NIAA Rehearsal/Performance
submitted to Planning aineered thermal envelope calculatiCode.will be veriticd by
as Exhibit "G". The eno o to the Nfodcl Energy
the Building Department according
14
667 769
g) F x Dens. The Consortiu:n has constructed replacement and additional for dens
in a manner and at location:: selected in the field by the City, in consultation with
^r for Environmental Studies ("ACES").
the Director of the Aspen Cent
9) Ramon. Re -vegetation of all areas developed pursuant to the Plan shall
be implemented in accordance with those guidelines is set forth by Design
Workshop in its letter of March 21, 1991, a copy of which is attached hereto as
be
cted
d by
ty
ensu�rreExhbitthat"re clgetation efforts andlthe protection and
ctio�Ow same
eare successful'
sto ful t
10) Me2jCtl-rri [awn Areas. New manicured lawn areas shall be minimized to the
extent possible, except in those areas adjacent to the Music Tent, and as shown
on the Plat.
11)
Construction Barricadi�n�. Prior to excavation, temporary construction barricades
es of the
and/or fencing shall be erected within five f�jc fntt�bmaac�tf omvfallitng debris
tennis townhomcs and trustee townhomes to p
to the slope bordering the development activity unless unstable soils dictate
alternative locations mutually agreed upon by Savanah, the Building Department
and Planning Office. Prior to issuance of building permits for individual
components, the locations of alnciand d barricades
shall be submitte. All ed o and
and
approved by the Building Department
e throughout the construction process.
barricades shall remain in plac
12) Amendments. Any SPA or Master Plan amendment or future development
applications submitted by any non-profit user of the Property (Lots 1, 2 and 3)
shall be applied for jointly by all non-profit property owners but need not receive
approval of the owners of Lots 5-10 inclusive. This provision shall supersede any
requirement herein or elsewhere in the Municipal Code or otherwise contained
requiring SPA submittal approval by all property owners within a Specially
Planned Area. Conversely, any SPA Amendment proposed to be submitted by
any residential owner or association thereof (Lots 5-10, inclusive) shall require,
in addition to the consent of the owners of the residential c hpnent involved,
the approval of the resident non -profits of the SPA, approval
however, not be unreasonably withheld.
Public Access. Public pedestrian access, excluding access to buildings, will
13)
continue to be allowed at reasonable hours throughout district a areas of t( he
open space (OS), and wildlil'e preservation (� )
35
•
66 T "0
Pro rty, subject to reasonable regulations as may• from time to tin"c• he
the owners thereof in order to protect their property, as 11-•cll as the
established by roerams and the ham: Ith and
academic privacy and serenity of the campus• its p
safety of other users and visitors.
tAA P r ino l o . The NIAA packing lot shall he plowed and kept clear +( sro«'
la) , ime performances or functions at Alr`.A facilities -
during all wintertime
p+ n 00I EPROF t'T RF:VIF.'•�S
Tactical acd nC(—tb-'y• every ::" months following the date hereof Until
To the extent p onents of the Project is complete, the Consortium shall. i(
0(ficc for the purpose of informing the
the construction of all compplanning pursuant to the terms here°(•
requested thereby, meet with res City
developing the Project p
Planning Office as to the progress the planning Office will report to tltc Aspen
meetings -
if the Planning Office deems it necessary• when deemed necessary, are
Planning and Zoning commission n thhat these meetings or n deemed
ccble solutions
The Consortium and the city C mutU y
for purposes of providing progress reports and developing
to any problems that may be encountered during construction.
B.SN rpMl'1.�f�
ncc with the terms of this Agreement and/or one orcf �c°c
In the event that the City determines that to individual greeme `f the Consortium a no
acting in substantial comp tm the
1 in hicmed to the City Council may issue and serve up
the Construction Schedules submitted to the City L•nginecnng fiance and
herewith (a "Non -Comp y g ,C." i- the alleged non -comp
Non -Complying Member a written order spec' i o
requiring the Non -Complying Member to remedy the same within such reasonable time
pt
uch
file with the City Council either a notice hering to determine
as the City Council may determine. Within twenty days either
the a cf advising
order, the
Not Member y uestin a
Council that it is in compliance or a written petition req g
any one or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, or
(b) Whether a variance,en
extnsioof time or amendment to this Agreement should
be granted with respect tany such non-compliance which is determined to exist.
36
1
667 771
Upon the re_eipt of such petition, the City Council shall promptly schedule a hearing to
he cease and consider the tatters set
td and conducted pursuantdto the procedures esist order and �norhmallly'established
hearing sh:,ll b
by the City Council hich the City and the Non Complying Memberrshallcagree. if the City
inform, , Po
hich has not been
Council •ictcrmincs by the evidence that a non-complianceappropriate;
provided,�however, no order
remedial, it may issue such orders as may be app p P
tcrmina'ing any approval granted herein shall be issued without a finding of the City
he
ng
icinber
uch action
nd
final
a real '. reasonable
evidence not less than thirty days' to rem
edy gsuch onirc mpl lance. �A no fiance
a reasonab lot been
dcterm natirotntcd may oat phc option which
of the Ciitty Council, and upon owrittenhnotice to the
has b g rovals contained herein which are
Non-��omplying A4embcr, terminate any of the app
reasonably related to the requircmcnt(s) with which there has been such established non -
he
compliance; however,ho dw °c°Peet of ary obligations that atircumsLInccs will a failure ttte d that coo ponent of tpart of he
Non -Comply approvals for any of the
Protect for which it is responsible, as outlined above, affect the aPPrant such variances,
remaining components of the Project. The City Council may may deem appropriate under
extensions of time or amendments to this Agreement
the circumstances as an alternative disposition of any finding of non-compliance.
In addition to the foregoing, the Consortium or its successors or assigns, or any member
thereof may, on its a their own initiative, petition the City Council for a variancriods
amendment to this Agreement, or an extension of are C more of the to osn such
required for pe-formance hereunder, of otherwise. The City Council may ,
variances, amendments to this Agreement,
r extensions that tie as it Council deem
ll
appropriate under the circumstances; provided periods for performance indicated in one or
not unreasonably refuse to extend the time of
more of the Construction Schedules l the whichten cessitatersuch or a sion(s)Iare
demonstrates that the reasons for the dclay(s) performto in
beyond the control of such member, anything
god faith
Seci Serts ction itspart
pthe contrary, the
a timely manner. Notwithstanding ay g or
not
concerning ot° with any-compliamatter with respect to which hence and requests for sAspentC ty Charter
not apply in co
or the Municipal
and G aminesC has St Wi h respect toed original ssother
Cod such matters the rules of practice and
Board o Appeals
procedure established for and/or by such boards shall, in the first instance, apply.
Noncompliance with one or fund rasing or re Of the Construction Schedules set forth other her occurrences outside of the control of the above
ofit
ore the
difficultue
members Of and can beOrtta basisurn lfor granl be ting a variance from anlextension of amfof such
City Count
schedules.
37
Cii"NFRA1 PR Vi"1 N
shall be deemed
C. or _mcnt
Nrni Notices to be given to the parties to this Aosited in the t c"
at such
rmaiiif dand�c
i.
addresses indicated bclo�w.for
given if personally delivered
or certifiedon notice by the parties or their
roistered
parties by a
other addresses as may
be sustained up arittcn
successors or assigns:cc.
City Atanaoer
City Planning Director
City Attorney
City of Aspen:
130 South Galena
81611
Aspen, Colorado
Aspen institute
Lot 1:
10NO North 3rd Street
Aspen, Colorado 81611
With a Copy To:
Gideon Kaufman
Wheeler Square LaW Offices
315 Ea,t Hyman Avenue
81611
Aspen, Colorado
Music Associates of Aspen
i.ot 2:
2 Music School Road
Aspen, Colorado 81611
Alan Schwartz
With a Copy To:
106 South Mill Street
Aspen, Colorado 81611
Aspen Center for Physics
Lot 3:
700 West Gille*ic
Colorado 81611
Aspen,
Nick McGrath
With a Copy To:
600 rest Hopkins Avenue
Aspen, Colorado 81611
Aspcn/City Planning Director
Lot 4:
City of
South Galena Street
,30
Aspen, Colorado 81611
38
L
r
r,l 667 r:} 773
Lots 5, 6• 7• Savanah Limited Partnership
8, 9 and 10 600 East Cooper. Suite �200
Aspen, Colorado 81611
To: Robert W. Hughcs
With a Copy pates, Hughes & Knczcvich, P-C'
533 Fast Hopkins Avenue
Aspen, Colorado 91611
u .lino Fffect. The provisions hereof shall run with and constitute a burden
2 Property with the exception of Lot 4, thereof, which is not
upon t title the Props y and shall be binding upon
a part of the Aspen Meadows Specially Planned Area,
ect.heirs, personal
and shall inure to the benefit
o representatives, successors and
of the Owner, each member of the Consortium an
the City and their resp
assigns.
lica 1 ,w. This Agreement shall be subject to and constnlcd in accordance
3. PSG
with the laws of the State of Colorado and the Municipal Code of the City Or
Aspen- Vested
4. y Md i°hts. Pursuant to Section 24-6-201 el the Municipal Code, a
approved by this Agreement and,
Property Right is hereby established for all development activities (including the
improvements) PP 1991 no zoning
siting and massing of building P
accordingly, for the three year period next succeeding June 10,
or land use action by the City, legislative or otherwise,
and T o citizendm diminish or
zoning or land use action shall in any manner alter, imp P
roved b
otherwise delay any development activities or use �f the Property approved y
this Agreement, except:
a- with the consent of the owner of the property affected by such action; or
or in
ate
-made hazards on
b upon the discovery
of crty arse cd bl or y such action, which hazalyds couldnot
vicinity cf theP Pch
reasonai;ly have been azIrds, if
heretofore discovered, a and
hcalthh safety and
uncorrected, would pose a serious threat to the p
welfare; or
C. to the extent that compensation is paid as provided in Title 24, Article 68,
C.R.S.
v the establishment of this Vested Property Right shall exempt the
Nothing b,
contemplated in or by this
Agrelement from subsequent reviewsandpp ovals whichities r use of
e Property may be rcquircd by
39
•
667 ... 774
rules, r
ns and
other provisions of this Agreement or the general rovalsirarc not
ordinances of the City provided that such reviews and app
inconsistent with the development activities or use of the Property contemplated
in or by this Agreement. Moreover, the establishment of this Vestal Property
Right shall not preclude the application of ordinances or regulations which are
general in nature and arc applicable to all property subject to duseregulation
land
by the City including, but not limited to, building, fire, plumbing,
mechanical codes and in connection with any such development activities or use
d all
of the Property , the o ncr(s of h electrical Property vm mecved hanical all �codesbidc byunilessiisuch
such building, fire, plumbing, g
owncr(s) shall have been granted an exemption therefrom in writing .,othing by
the establishment of this Vested Property Right shall preclude judicial detcrmina-
tion, based on common law principles, that a vested property right exists with
I c• use of the Property approved by this
respect to any development
Agrr_cmcnt, or that any subscqucncnsablcly ltll. ed ngeof�all iortsan sonic of1tl c
use action has resulted in a comp
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 hicmbcr,
then so much of the Vested Property Right hereby established as relates to that
component of the Project for which the Non -Complying Member is esponsibleded that
as set forth above, shall from then and thereafter no longer exist, pr
if such determination is ever judicially invalidated then the Vested Property Right
formerly extinguished shall, ipro facto, thereupon be revived nurtC pro nutC to the
time of the City Council's determination of non-compliance.
T_xninripn of Development Allotm n . The development activity contemplated
of this Agreement shall be eligible for exemption
in Subsection G of Section II
from expiration under the provisions of Section 24-8-108 of the Municipal Code,
notwithstanding tlt:ti a building permit is not sooner obtained in respect of such
development activity, if on or before three years next succeeding the clfeetivc
or any of Lots
date hereof application for such exemption is made
by the owner or exemption any conditions
7, 8, 9 or 10 and by the time of such application
set forth in this Agreement 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 antt;mplatcd 0 and the workes and activities
been
installed to the lot lines of Lots 7, 8, 9,nd
contemplated by Subsection D2 of Section I of this Agreement 'lave been
completed.
6. ae., hili if any of the provisions of this Agreement or any paragraph,
sentence, elapse, 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
•
667 775
�yri�trn ubmiItals. The City and the Owner hereby
Y, In�m�mt'0" of Rccitaldng this Agreement, and all or the
stipulate and agree that the rccitals p Owner to City
written submittals (as amended and presently effective) made by shall be
throughout the course of the Aspc❑ Meadows SPA approval process,
dccmccl to be Fart of this Agrcemcnt and to be incorporated herein by this
reference. t The City will• upon request from interested panics, including
prospective purchasers and lenders,
and within a reasonable period of time
the
following such request, issue appropriate written ccrtitic with as to recitals
cortals an-
ance, or lack thereof, of any component of the Project with such rccitals and
written submittals.
rat' Amcndmen . This Agreement contains the entire understand-
s rnr-rr A r to lrties herein with respect to the transactions
ing and agreement betaccn the p.
under and may be altered or amended from time to time only
contemplated here
by written instrument executed by each of the parties hereto.
f SPA Final D vclo m n Plan R,tific Lion v wncr. Upon
g. A cc tan c
parties hereto, the City agrees to approve and
execution of this Agreement by all p Plat
execute the SPA Final Development ePlan rccordatand son an thenRecord[ g OrrAspen f
Meadows, and to acccp u n payment of the recordation fee and costs to the
Pitkin County, Colorado, po P Ynd confirms cach and
ery
City by Owncr. For its part. Owncr erebhe plan, and madef nsthe course of submittalsva d
representation set for i^ �escntly effective), upon which approvals granted may
hearings (as amended and p Y
have been based.
pursuant to this
l0. Reasonahlcne.t'ons" or dealings
rations that arecrtonber madetnpconnection with
all determinations
Agrcemcnt, the parties hereto, their agents, employees, dcsigncesu suantf�to tthe
third and any thd parties called upon to make any determination p
provisions it this Agreement,
shall conduct themselves reasonably, fairly and in
good faith.
1N NVITNESS NVIIEREOF, the parties have hereunto set their hands and scais
the day and year first above -written.
ASPEN COLORADO,a
ATTEST:
yc'., ye ` ch, City Clerk
lqk- wt>t CI-1�j - P.K �•�bu+ICl
THE CITY OF
municipal corporation
By:
Joh Bcnnctl, i•Iavor
41
Zr
SAVANAII LIMITED PARTNERSHIP, a
District of Columbiwflinited partnership
TIF SPF.,`1 INSTITUTE
By:
iiIUSIC ASSOCIATES OF ASPEN
lJ�
(
By .
1 000
ASPEN CENTER FOR PHYSICS
t
By. + '�
i
STATE OF
C0L0RAD0 )
) SS.
COUNTY OF
PITYIN )
Z
acknowledged before me this day of
The foregoing instrument was as
I r) N �fl
by �
1992, -- RSIiIPa Distri
I,-r for SAVANT I LL�IITED PARTNE, ct
Columbia imited partnership.
of
WITNESS my hand and official seal.
1
My commission expires: 7 j�41-
Lary ublic /
r
(Nao w C'l.— C' m t Feuo.'�O/ i
1
42
667 = 777
17'
STAi-E OF COLORADO )
) ss.
COUNTY Of PITKIN,
The foregoing instruments
As acknow,9 ,edCa-f-o�e me tpis. day of
as
19 F-by
for'TUE, PEN INC, UTE.
WITNESS my hand and official scal.
J/ My commission expires: 7
o 'r0 '1
tary ubliC
STATE -OF COLORADO
ss.
COUNTY OF PITKIN
e foregoing instrument was acknowler!Ped-Jrf4afe-me this day o
Th 14 p r - as
'teaIt AP4,1- 1991_by for NIUSIC ASSOCIATES bl`ASPEN.
wrrNiEss my hand and official sea].
F, My cornmission expires:
otayfy Public
-COLORADO
) S.S.
COUNTY OF PITKINi
The foregoing, instrument was acknowledged before me L is day of
IS L�y as
199Y_ b
rorX�EN•,CENTER FOR PHYSICS.
WITNESS my hand and ofticial, seat.
My commission expires: ',7'
(SEAL)
otary ublic /I
43
667 r 3 778
APPFNDIR
"LIST OF EXHIBITS"
A T MCI CIRI,
tion of Property Legal Description a
A ;
1
6
B Traffic Mitigation r
C Utility Cost Estimates
8
33 D Deed Restrictions for Single -Family Sites
E Energy Conservation and Efficiency Measures
34
F Appropriate Technology Associates Letter
34
G MAA Rehearsal/Performance Hall Energy Conservation +
34 Description
Design Workshop March 21, 1991, Re -Vegetation Letter !t
35 H
1
44
t
667 rr. 779
1'.XII I (11'1' "A"
The Aspcn Nrarirn:s
I,GGA1. 1)I'SCRII'T10N
IR of Section and tile
n Irict of Iand located within portions or of the North I?•South
I, To,vnship 10 South, Range 85 West Of the ftlr Principle h;eriJian, Pltkin County,
SlatSccee of
o
Ceiurado hei^b more ^•'• ?i- nrly described it follows:
flceinning nt the center north 1116 corner of sail Section 12 described as such on the 'Plat of
steel bar.
!Tice rcri R4",14'`OOSubdivisio theceptio c of Ben Deane Lot Split Subdivision h nd Castle
northButte Cemetery; Once along the
Crcck Sulnlivision, 797.62 feet to the easterly line of Red tile follow ng ninc (9) courses
cattctiy boundary of said Red Butte Cemetery,
1) N 17"40' 15" E. 84.75 feet;
5.00 feel
2) Thence N 13' 01' 35'
3) Thence N 11' 33' 10' 1- 96.62 feet;
4) Thence N 1' 50' 20" 114.04 f feet;
5) Thence N 14' 30' 2S' W,
6) lllence N 4' 08' 30' W, 286.13 feet;
7) ;Thence N 21' 28' 50' W, 171.56 feel;
8) Thence N 16' 21' 15' E, 305.92 feel;
+)) Thence N 1' 02' 20" W, 33.38 feet;
licence N RR' 35' 15" r 39252 feet: Tlrcncc N 5' 3()' 38.99 Ccct:
thence N 7 (16' 18' W. 14.77 feet to the southeast comer Of l,Ot 10, B11ck Birch Estates.
Thence niong (he easterly boundary of said Black Birch Estates, the following four (4) courses:
1) N 29'.14' (RI" W, 199.72 feel;
2) Thence N 14' 17' 00" W, 119.61 feet;
3) Thence N 15' 03' 00" E, R4.24 feel',
N 5� 57.1R feet to the center line intersection of the Rearing For
4) Thence 19' (10
River and Cxmle Creek;
Thence southeasterly nppmmimntely 3000 feet along the centerline Of the Rcre nFork River,
bcin( Jescrited by the following scvenrcc^se of. (17} a,ursci for the purlmacreagee citelat(ons
Only, and Is not intended for the estnbiishment of boundary lines:
1) Thence S 40' 10' 12' C, 126.35 feet;
2) Thence S 64' 1R' 32" 1- 131.86 feel;
3) Thence S 82' (19' 52" 1- 394.76 feet;
4) Thence S Sir54' 59' I_ 92.62 feet;
5) Thence S 17 30' 46" C. 203.05 feel;
6) Thence S 19. 45' 0R" W. 19.feet;
014
10
7) Thence S ' 22' n0"
8) Thence S 44' 55' O1" E, 119.52 feet;
9) Thence S R2' 30' 46 E 2 ,9. 7 feel;
1(1) Thence N 7(,* 4(,-(IS- C 141.40
11) Thence S 94' 08' 11' E, 120.42 feet:
12) Thence S 51' 11' 12' C. 217.42 feel:
13) Thence S 7oy 55' 07' C, 239.71 feet;
14) Thence S 35' 54' 38' C. 162.80 fen.
15) Tl+ence S 9' 00. 17" W, 129.26 feel;
i (') llunce S 41' 26' 27" C. 115.37 feel;
IA
17) Thence S 76" 13' 42" C. MV)3 feel lO a paint on the westerly IxnrnJary lino of Lot
Sccend Mpen Cempnny Subdivision;
i
0
—
667
790
i i,c+,ce alt+ng the westerly Ex,unJ„y elf snitl SeecmJ Aspen Cu,,�p^^Y S"lxlivision, the following
two (2) courses:
1) S 0" 27' 00- E. 47:1.00 (eet;
2) 1-hence S 16i 35' tx" E. 723.9ri feet ton („lint along the north right-of-waY of Gill�pte
Avenue;
Thence N R9" SR' 15" W along the north right-or,way of said Gillespie Avenue, Sixth Street
"lonfeet to
le
Ilse west right-of•feet to a pt1 nt along the norns !gl� �`"''Yl'"f'N'+rtlt Slrcet;tif t jjte ee "long
S tr 12- 00" I_ 199.717 12' (xr �/, ZG9•(,7 feet; T1,r,tee S 14' 47' 30-
6; Thence N 6S' 30 xl' W along said
the nanh right-of-way of said North Stre-ineet N S wa of the original Meadows
As 0.66 fen to a 1x1int4+in the k.;pcn AO feet to ix nt`,long tile east "W"adf- Y
courses:
ASIxn T,14vachip line,
Rand; Tlunce along sail cast right -of --way of sail Meadows Road the following five
1) N tr 54' (xr W, 400.71 feet;
2) Thence N 65' 21' 00' W 6.72 feet;
3j Thence N T 54' (XI, W 19.12 feet; , nJi„s of 1403.09 feet. a central
4) Thence
or R't33! 12' he arc
an arc ength, curve to laf 2(M.4ri Ccetgle dr, anJ whose chord heats
N 3' = 36- C. 20926 feet;
5) Thence N 7' 39' 127 1- 296.47 feet:
ll,ence N R4' 14' 00" W. R4.21 feet to the True Paint of lleginning and containing R4 536
act" mare or less.
zxl
;z�
667 791
17.1
EXHIBIT "B"
THE ASPEN MEADOWS
TRAFFIC MITIGATION PLAN
February, 1991
I
it,
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� r «i• _ ' - 1. u .^..i...%%' •L`'--.••.a ,t: •�? :ti _
THE ASPEN MEADOWS
TRAFFIC MITIGATION PLAN
This plan has been prepared by the following individuals:
Commitree mgm—hurl,
King Woodward. The Aspen Institute
Kim Johnson, Aspen/Pitkin County Planning Office
Dan Blankenship, Roaring Fork Transit Agency
George Vicenzi, West End Resident
of Aspen
Robert Harth. Ed Sweeney, Music ASSOC ,ates
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.
t
Bob Felsburg, Felsburg Holt do Ullevig
QLh&r P•trticloants:
1
John Goodwin, Aspen Police Chief
i
Chuck Roth. Aspen Public Works Department
Jan Collins. West End Resident
'
Amy Margerum. Aspen/Pitkin County Planning Office
j
i
. -..mow• �71 �' _......�il'J-
667 783
Introduction
Ian, completed in January 1990. w'as formuiated
During the late summer of 1939 the City of Aspen began the preparation et a �lastcr an
for the Aspen Meadows property. This p
within the frars:w'ork of lour goals. Two
Ian `werhe e which are
follows:
related to the
traffic and transportation aspects of the p
Goal 3: Mitigate. tothe maximum extent feasible. the effects of the deVcl-
opment on neighboring properties.
Goal a: Mitigate• to the maximum extent feasible. the project's impacts on
the overall community.
From a transportation standpoint• the blaster Plan included a number of physical elements
w trail
in the site plan which were directed at achieving these goals. These included creating a
new primary access point to the West ti1eadows v a Seventh Street. constructing ai a ne
system linking both the East tiJeadoowsts tand
better serve Meadows
to the
and transitr�nl[crts;em.
and improving the MAA parking
1{owever, the blaster Plan went even further and identified. hould be explored.mitigation
1These
measures. many of which are operational to nature• hosts on
included such measures as controls on delivery vehicles; cant ols! and emphasis reset
transit vehicles-, shuttle service to/from the Meadows; parking
pedestrian and bicycle access.
To respond to this concern, in October 1990 the Consortium formed committee to
further evaluate mitigation measures and to develop a traffic mitigation Plan for the Aspen
W-st
Agency (RFTA). repEnd residents, the manager of the Roaring Fork Transit
Meadows project. This committee was comprised of reDresenta[ives of the owners an
users of the property,
resentatives of the Aspen/Prtkin County Planning Office, a member
of the Aspen Planning and Zoning Commission. and a professional transportation consul-
er 30.
to discuss mitigation meld revs and to prepare `theis plan.
andaddition o and
omemi tee�mem-
bers, other residents and City emOlt:;:ces participated in these meetings.
nt which
Early in the process, the committee formulated the following goal stateme
directed the committee's efforts:
'To develop mitigation measures for the Aspen Meadows facilities to reduce guests
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 g
in environmentally sound ways."
restaurant, and health club facilities on the western portion
The resulting plan has been developed in two components. 0ecause the characteristics
associated with the lodge, of
on
the property differ usignificantly
ea approtl r aLe tohose of th eachport ° M so differr.rcTherehore. tthe following
the mitigati�" measures appropriate est ro phasing
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 sugg
for implementation of the measure, and identification of the responsible party.
• i
667 794
this or any mitigation plan. it is important to understand
In developing and implementing goal of the Dlan must remain steadfast. the
that thring
e plan must be evolutionary. While [he g
mitigationrequ
over the years. It is recommendedthat t regular baasrandeto
measures and the details of their implementation must be fle lexible. . undertake
on
monitoring and fine tuning o
program to review the of fcctiveness of the mitigation measures
work with the Consortium to modify the detail< of the measures to ensure effective. yet
efficient. implementation.
•
r. - • ...• 667 - - 795
ll Mitigation Plan tar Vest Meadows Facilities
A. Background 'leado-s
•J Currently, the residential units on the western ponies oC the nc en
units and eight townhouses. The concten new hree-
proDerty include 60 lodge le family residences. ten ne
e units. The Purpose of these additional tacilitics
aDPro"a1 included the addition of four sing nsse a' by the members of the
bedroom townho nes• and 50 lodge
activities sponsored these
is primarily to better serve the g will be almost exclusively by
the summer months. use lodge may be operated
Consortium. During inter season• it is anticipated that the ed.will not be
groups. During the will be renovated, but West Meadows*
Primarily by guests of the
for public use. Furthermore. the restaurant
expanded. Finally, the health club, used D
will be enlarged slightly.
plan. the committeWeS nsleadow's i acilit eshguests.
in developing the miat 2d-
tigation D coups of the
1 dressed each of the primary user g who are not staving on the
dressed
each
s. and users of the restaurant or health club
grounds. incentives
of transportation. Auto disincentives aThe second elemere restrictive ntCis
Furthermore. a mitigation plan usually includes auto disincentives a�
to use other modes using their automobiles.
that discourage individuals from
to use
he hied by the list of measures described in the
rile
comprised of measures that make it attractly a adw de rangetof both auto atives t
the automobile. As will be hig g 1n includes
following section, this mitigation r
disincentives and alternative mode incentives- project ecactly how
How effective will this plan be? 1Yhile it is very difficult
the committee believes that
to
much trip reduction will occur as a result a this p
generation
due
Presents a summary etp generical of the
it has the potential to significantly mitigate the effects of additional [rai ]c
the new develoPnlcnt. The follow' `vestbtieadows based on trip ratesshown
the
which might be expected from the ram is implemented. As
Aspen area if no specific mitigation Dr°g generate about 750 vehicle [trip Ds
existing residential and restaurant tacilitics could g generate another 3
per day. Thep Date vehicles per day Thus, a
proposed additional residential units couldg with the expanded
per day, bringing the ionwou d result in total traff•c0ge"e�CtO"facilities without a
30 percent trip reduction ° generated by the existing
facilities equal to that which could beg West hen
property
and the
when properly
mitigation Plan. Because of the nature of the use el the
bro ementedc character
proposed plan tw Illachon peve [heselan. it is bczlultsa that.
3
e �.
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�.t. to .: - .r: �.�
667 786
17
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667 7S7
I '
p, Elements of Mitigation Plan West Meadows
The following elements of a tratCic mitigation flan directed at
Lh related traffic have been identified.
!• Airport Van Service
will be provided
West Meadows. Because it is antici-
Desc� *in�tOn� �� free van service to and from the airport the lodge
for guests and residents uestthe
vis`:s ill be Prearranged.
gated that most Of the 8 with an approximate capacity of
will dispatch the van (aick rap 7, guests passengers) Io D nests based on their flight schcdul..
1_ -16 p will also ba able to be prearranged. Ail g
Similarly, departures et efficient, service.
r
will be encouraged to use this convenient. y
Phasin ' opening of the renovated
This service will be initiated upon [
lodge.
J le P�rtr: Lodge Operator through agreement with Aspen
Re�oo••
Institute. ,
1• Van Service to//rant Tow^
D�scrinlion: A free van service will be operated between the West I
Meadows and downtown Aspen- This service will be available n all f
guests, residents. and employees of the Wes[ Meadows- including
approximately 1 I'
users of the restzurant, tennis courts. and health center. The ser-
vice will utilize a relatively small vehiel regularly service
16 passengers- The service will be a reg will run i
with frequent headways. During the high season. this route 1
on one hour headways.
from early morning to late evening I
The schedule will be adjusted for applicability to each season- and
may be provided on an 'on demand' basis during certain seasons.
v will be initiated with the
• Phasin The basic service described above will be monitored. and
opening of the renovated lodge• Its usage
the service will be adjusted as necessary to meet the demand of the
patrons.
Resoons� h Aspen
itir. Lodge Operator through agr
eement wit
Institute.
3• Chartered Vehicles for Group Activities
or coming to
Descry
When appropriate. group actisitiez either leaving ed by
.: v providing this service.
the West Meadows will be served by chartered vehicles arra .
the management of the West Meadows• CS. p
!-' management will be better able to control the number and/or size of
vehicles serving the participants in such activities.
discourage
he use of
encouragement of the use of this service
biles by participants.
private automo
i
667 798
This service will be provided with the t irzt organized groups
using the %vest %Icadawi.
R"non5i:hft Pnriv: Lodge operator.
4. Guest Parking
2tjjri.ptinn-. 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 vchi-
cles to the campus. their vehicles will not be immediately available
10 them. Furthermore. guests will need to walk past the van service
in order to get to their vehicles. it is hopes: that this concept will
encourage guests to use the van service rather than their private
automobiles.
ZtLsLjnZ- See construction schedule.
ReWOrjjjI)la P2rtv* Aspen Institute
5. Trail System
amdaLan; Site planning has provided for on -campus trails that connect
to the extensive city-wide pedestrian and bike trail system adjacent
to the Meadows propertv. Thus. the Meadows trail system has been
designed to Complement the City's efforts in developing Pedestrian
and bicycle trails. thus encouraging guests or the Meadows to use
these modes or transportation.
Pha in The on -site trail systems will be phased through the 6ity's trail
construction program.
Rj.W_on-;ihIt_PartV'- City and the Consortium.
6. nicycle Facilities
PSILriptinw. Bicycles will be made available for use by guests Of the lodge
at a minimal fee designed to cover maintenance. replacement. and
e. bicycle racks will be provided at
administrative costs. Furthermore, y persons not lodged at the West
those facilities which may be used b. nis.
Meadows (for example, at the health center and at the ten
courts).
ill begin with 15-30 bicycles
jnZ. it is expected that this program w -
1,113.1 available. The program will be monitored and the supply of bicy-
cles will be increased accordingly.
RjjMqnjjj)IS Party * Lodge operator.
6
•
�tW
few 667 7139
7. Promotional Materials
Descriotlan: All promational materials for the Nvest Meadows lodge will
µvnll•-
emphasize the availability of the van service, will encourage
the need for personal
ing and bicycle use. and will discourage
re is econdi-
of this laapr
_
automosu
guest so that he or she chooses not torent nt a car Lion the
ciao the
tion
arrival in Aspen.
-
Ph:ksin : This message will be included i.,l all promotional materials
published for the renovated lodge.
Resnansi�= Lodge o%'rator and Aspen Institute.
y. Employee Parking
Description: Limited employee parking will be provided on -site. This
be available only for employees for whom vehicles are
parking will
for t tc execution of their jobs and for employee carpools
essentinl
of 3 or more t arsons. A ride matching service will be available
the formation of carpools.
t
through management to encourage
employees will be provided with their choice o
Furthermore,
parking at the Rio Grande
t
subsidized transit passes or subsidized
A shuttle service will be provided for employees
parking garage.
from the Rio Grande garage either in conjunction with the regular-
!y scheduled van service to Town or as a separate operation.
.I
-:
Pha.in . This measure will be implemented with the opening of the
renovnted lodge.
Re.non.ibte Partz7 Lodge operator and Aspen Institute.
9, Coordination with Potential Rail Service
no
De.crintion: it' passenger -rail service does materialize on the Rio Grande
in a location which
right -of -way, a transit stop will be encouraged
to the Meadows via the pedestrian bridge an the
,.
would allow access
�y
Roaring Fork River.
Phasin : To be implemented with the initiation of rail service.
Runon.ihle Piriv: Applicant and Rail Service Operator
l.'
�Z
It
r.
•-s
7
4 • � ` : i + ('n� �« i . i - ii CW 667 F -1 790
^•11vi _ 6avi s.
10. Delivery Tr:^L P-estrictivrts
DeLcriation: Because of the expected infrequency of large vehicle deliveries
to the West Meado-s property (approximately 4 ro 5 per day), it is
recommended that truck restriction: be focused on time of day ar-d
It is recommended that deliveries will be limited
route restrictions.
to the Fours of 9:00 - 11:00 A.Nt. and 200 - 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.
tho-i-ar The time of day and route restrictions will be implemented upon
opening of the renovated lodge.
R�snonsihle Party- Lodge operator and Aspen institute.
8
C
o The NIAA parking lot has been designed -o moved fromprovide a 2tiOr' f o e
buses to load and unload passenge:s
whileng
Street. This goand
od location eclockwise circulation of theb us lot
omt
would altoFifth
Scree[ into the parking lot and back out onto the street system a[
Fourth and Gillesol-
Phasin : It is anticipated improved transit service will be provided during
d that tservice
the neat concert season. The program will be . onitored and the servi
will be adjusted accordingly.
A. The
Resnnnsihle Party: The transit service will be he ii be nhe responsibility of �y of he
transit improvements in the parking
lot MAA.
4. Truck Restrictions
Although the number of large vehicle deliveries to the NIAA facilities
restricted 10
is very limited, it is recommended that all such
and Mailnb
UecerintiStreet. IAA
using Third Street only between the NIAA gr
will enforce this limitation with [heir vehicle drivers.
during the neat concert season.
. in These restrictions will be implemented
Pam
Retoon%ihle Partw. NIAA
S• Residential Parking Permit Program
Deacriotion: A residential parking permit program is still under consideration.
This program would prohibit all parking on streets from
k Rive Mill St her theet to an
Eighth Street and from Main Street to the Roaring NIAA would
for residents or their guests during the corce: t season. The an.
1
in their lots in connectin wthi
institute paidparking equieissuance of vehicle stickers ;otr th a fee. insrallationoi
parking may
appropriate signage• and City enforcement.
it is recommended that the resideparking
Ph to instituted after the effectiveness ofprogram be
ntia remainder of nthe mi S� ion 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•
Resnonsihle Party: %IAA. City and Nest End residents.
10
1.
I
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667 i'= 794
CMISIT C
�L` 1Y:S-Oyu Y.A.
A45'1 Js v3D6 t Si�TI:Y C+STS
LSiINA+ "i ?iC:r9L.
5. 1991
Ca:ecer
m praltalrJy
tnttlm testa .s O+soC
tpapta mna irrars pact No�salmal iu03e�°"t'
iRU of Dr rater ``rC Wt a:Cat bids
1
T"s e, it•ry tattm
recresento LKard Aids C%°O rursnty er rrrnm
eCtatlC.:a a ly er eCerM.
KRa.ar, . row prefui
It �aa I'd v.tar
fray V.Is est l-ab
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RI11 rat vary
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to ITeledx%s
'���' Llne
sanitary t We LI as
Erge
1
la ;
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1 �!� LIB f10.000: f10.000,{
f95.000 { 1
SI33.— , {
LOT ; 31C.CC'. 1 `�
000 ; S35.CM t
�_ S57. 1 f131.000 ; f11.1690
Py II
1, LOT 111 PH it
1,
p Iit PH 11 PH It
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LOT 3 '_.--�� , N/A i WA
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WA
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PHI PM I 1 PM I
LOT 5 RI t —�
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•
EXIIJ 3IT' "0"
r ,;; .n • ,•u , r i. 667 r r; 795
F�1PI OYFF T10 Si\G nT T)T ATI N
THIS DEDICATION, is made and entered into as of the day of
199_, by
("Owner- with reference to the fallowing:
TNFSSFTTI:
WIIEREAS, Owner is the record owner of the following described real
property (the "Property.), to wit:
Lot _, The Aspen Meadows Subdivision, according to the
Final S.P.A. Developme P glean and Final
Aspen Meadowsat
Subdivision Plat recorded in Book,
records
Pitkin County, Colorado real property
tvision
WIIEREAS, pursuant to the provisions of the Development and Subd Pages
Aspen Meadows" Specially Planned Area CCfd r�eoords,o ("Development
l7e Y
Agreement "The AspPropertyto specific employee
er seq. of the Pitkin County, Colorado real
agreement") Owner is required at this time to dedicate the Property PeC
housing restrictions and guidelines; and
this instrument to effect such dedication
�VIIEREAS, Owner desires by
upon and with respect to the Property.
NOW, THEREFORE, pursuant to and as required by the terms of the
Development Agreement, Owner hereby declares, covenants and agrees that:
1 ty
The accessory dwelling unit ("Unit") that is situate on the occupancy,
and
shall be and hereby is restricted in terms of use, OCeU«cupancy,
rental exclusively to low income
ua11ficamons tl atployeehMay�ngom time to time,
and rental guidelines and q lied by
be in effect, duly adopted, and regularly ando ce hous�ngpdcsigncc
the City of Aspen or its duly constituted employee
("Housing Authority")` The Unit shall not be condominiumized.
7.
`� is
.:i'_ �� .,:..�
•-� •.- •z
The Owner of the Property shall be responsible for leasing the Unit
to qualified residents of Pitkin County as dctcrmined by thcati city
or,
as the case may be, the Housing Authority. Ver ficati the
for
e individual(s) who
uof
nit
shall be completecome d the City or the Housing
unit shall be comp The
Authority prior to the inception of aay ten` to ncy or occupancy-
ccelect ants for the
Owner of the Property shall have the rig
Unit provided ohat, in all ments shall be qualified in
nt and i aeonIe�le elt asaset forth above. Except
terms of emp Y
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
ll be
of eligible tenants therefor, Cor thOw
e Un t m which lwith niste thirty (30)ner adays.
obli.0ated to select a tenants))
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 months, and shall adhere to and abi nes setde by he a to ent, income
'dcl
levels and employee housing g
ul
3, The dedication and covenants contained herein Prop
l bed sd hall
Pbe
burden upon and to run with the title to the Pro crty,
binding upon the Owner and its successors andlaso gmered upoor to
n all
other persons or entities having any right,
titthe Property, or any part thereof, and shall inure to the benein
fit oC
he Housing
and be specifically enfo c ablblegal action, y the City of Aspen
inc utd including injunction
Authority by any appropriate
abatement or eviction of non -complying tenancies.
q. Neither this dedication nor -any of the covenants contained herein -
released or waived in any respect except by
shall be modified,
both the Owner, at any time, of the
written instrument executed by
Property and the City of Asp•=n ro Colorado,
records. duly recorded in the
Pitkin County, Colorado real p p Y
is ti •...;.' ;::j;'>•'�'— l:i� .':, .:�•..`.••��` a '" ••�•a.,;.
C•!�r. T4,},j, ii [+k: 667 PIG 797
q-4,V^77 ,•., 7r! Lie q.; n
IN IVITNESS WIIEREOI-', Owner has made this Dedication as of the day
and year first above -written.
OWNER: -
STATE OF ) Ss.
COUNTY OF ) ,
acknowledged before me this day of
instrument was
The foregoing o
I99_, by
WIT'NESS my hand and official seal. ,
bly commission expires:
(SEAL)
• Notary Public
Approved as to form and content:
TIIE ASPEN PITKIN COUNTY Ij0uSING AUTHORITY
$y:
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[:I 667 - r_, 798
17 _
�
EXttIBIT "E"
Energy Con9erVat:ion and Efficiency measures
The applicant is committed to energy -efficient building design and construction standards beyond
nts for the residential projects
those required by the Building Cade. The applicants commitme
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 spcCTcadons:
. Walls: R-26
• Roof: R-38
• Floors (over unheated spaces.): R-19 es of materials
The greatest opportunity far energy conservation occurs in the types
specified in the construction of the building envelope
An infiltration barrier wrap such as
-ryYek'• will be installed around the entire building
exterior which will significantly reduce
infiltration. All penetrations of the wrap `ill carefully
caulked and sealed to farther enhance
the effectiveness of the barrier- High quality windows and doors with state of -the closures
and gasketing methods will be specified throughout
In addition to the exterior barrier wrap and internal bat/rigid tnsularian, art interior
vapor barrier will be provided' This vinyl vapor bier will not only further decrease infiltration
•
.. ;ice^.. .� �� ::�: �, •�
' ..•� :,� •�,'�"`'•L'i„�:Lid:!'r:'
�..c•.., t:F 667 :--r. 799
tenor humidity levels at least 10 to IS per:cnt higher than axtcrior levels
but Will tend to hold in s All penetrations
resulting in a erecter degree of occupant comfort at lower rooms' tern utlets`wi will be scaled- With the
of the vinyl vapor barrier at windows. doors. wall heat
and outlets
exchanger will be used to control the
individual units sealed and insulated. an auto -air heat
vironment while sienificantly reducing enC2SY tosses. Expandable foam insulation
indoor air en
will
be utilized at all exterior door and windowframe' to cut down on air infiltration in these
locations.
(2) Glazing: b passive solar gain. All of the
Slcylightin; will be encouraged to assist heating Y
value radical. Glazing located
ol,zing in this Pro
;ect will be selected with he highest "R.• P
et of the floor will be low "E" type to enhance the warmth radiating between
t a significant improvement in the
within six fe
occupant and glazing. The use of low "E'
' class will Fermi
. ants sense of comfort because of its effectiveness in reradiatmg interior warmth•
occu2
(3) passive Solar Shading Devices:
—ustee units to protect the
• Herbert Baver installed sun screen trellises on theu these same devices will
South and west exposures from excessive overheating• gain in the
irnizr heat
be used an the new Trustee Houses and townhomes t0 �1elevations of both
-- occupied spaces. These will occur on all South and west
s which are nprotected by roofs-
building not
• Deciduous trees used as shading devices have also been planned for Trustee
Houses.
(4) Mechanical: AFUE
All space hearing and domestic water heating equipment will be rated with
efficiencies Of
905'a or greater. All heating distribution ductwork and piping in unheated spaces
A
will be insulated to a minimum of:
R-s Duct insulation:
R-3.7 Pipe Insulation:
R-6 1,1sulation on recirculation hot water Pipes
programmable set -back thermostats
will be used for each heating zone. Outdoor
swimming P
cols and hot tubs. if any, will be Provided with insulated covers. '
i
(5) Lighting:
Both interior and exterior lighting
will be specified utilizing the latest in energy i
igh lumen outpu�oty wanaee bulbs will
efficient bulbs. Whether incandescent or fluorescent. h
eciricd. In addition to using high efficiency bulbs. multiple switcwhile
hing within each space
closely approximate task lighting based on probable furniture layouts
arrangements
to focus on task lighnng
as the house is occupied.
will be designed to �
maintaining sufficient flexibility
Maximized, daylighnng `� considered for additional
After these efficiencies have been maxims als will pelt rindnimum energy
glazing materials �t
efficiencies. Careful selection and location of devices to minimize, glare. Any
in during daylight hours while avoiding the use of shading
.R'• value glaring and w� be strategically located to
to be utilized will employ high ' i
with minimum total glaring area -
interiors
Permit maximum natural Ct'_ht peneastion into the unit interiors i 1
(6) Building Orientation and Solar Utilization
e ma1jority, of building units have major view and glass orientation to the South.
operable windows wt71
the colder months. OP I
Special glazing will minimize heat loss during ;
le cooling and thr°ugh-vendlation during the warmer months.
provide amp ,.
(b) Water and Wastewater. (Maximum 2 points).
developrn�t will
�e water conservation
Considering the extent to which the proposed[ tewater reuse syster s or will
technique✓ such as water conserving Plumbing fixtures or was
' �'�'. � '.fir,•...
� „ �, • . , • . •, . �:..; ; ..�, • _. r'�.-.pis!
•:16A4{Yi1'.0`3►, •1,`.iiVt..._ ..,
667 '", 801
.inkling, ponding and simlar s
ite
sources through irrigation. spa of
dace water re
conserve surface whether the applicant dedicates water rio
,
enhancements, and considering
Aspen- water -efficient shover hems.
Efficiency in domestic water use
will he achieved by utilizing
Mors utd flush toilets. • ',lax'mum as
flaw critcna for water using appliances are
faucet ae•
follows:
Shower heads
3.5 GPM
- Faucet aerators
2.5Gpm
2.5 Gallons per flush
Toilets to water a poraon of the
peer the yew• the existing irrigation ditches have been used
lawns and gardens at the vleadows• At other cants domestic water has been used yecause of
of the ditch system. For instance• domestic water has been used
inadequate maintenancerofit otganizaaons have agreed
ands in recent yes' The non-p
maintained with.
exclusively on the Institute grounds their parcels will �
that in the future. the lawn and garden arm witltirt
that treated water is conserved
and these waver rights are
irrigation water- This will assure t..d in this fashion
ro ccts will also be imgz'
protectca. The limited lawn areas of the residential p 1 delivered to these sites.
be
if adequ1tC `eater is availabl- and the water ern efficiently
points). ton the Cit}'s air quality, including but
c) Air. (M=imum Z P sed develOPmen allowed by law will be
the effect of the prop, devices than by cleaner
Considering er wood burning
burning dcrices swill be removed or replacedawed areas;
not limited to whether fewer rty been r� are employed on the unp
installed; whether exith g revention measu
devices; IT dust prevention
devices are used.
burning ecial emission co
and whether any sP the g wood -burning f=Places in the existing
with Aspen's clean air standards'
In keeping antici ated that gas -log
gas -log fireplaces. It is also P
converted to g compliance
with
Trustee Houses will be be done in comp
fireplaces will be provided in the 14 new residential units. if this can
.19
•
w• ` },e �.. .1 . �`: ri .• • 'ii' .e y;•
•_'' +•` 7•.�.,+wsu4.' •-
i •,;. r�J t�'�� 4�..� '�'. � .�tiv ►.may:
o: 1- p :40, ni• C:1: 667 P'G 802
ps•: ;
f 1 nr I 'l•.'.
D r•j �kjn �=ntv Doc
Si 1 vi a
conserve surface water resources through irrigation, sprinkling, ponding and similar site
enhanc
ements, and considering whether the applicant dedicates water rights to the City of
Aspen. ,
Efficiency in domestic water use will be achieved by ua?Jnag water -efficient shower heads.
r-using appliances are as
faucet aerators and flush toilets.. Maximum flow Titan for wall
follows:
Shower heads _'.5 Gpm 1
r
Faucet aerators 2.5 Gpm
Toilets 2.5 Gallons per flush
Over the years• the ex
existing inigadon ditches have been used to water a portion of the
- lawns and gardens at the vteadows. At ocher times domestic water has been used because of
' inadequate maintenance of the ditch system' For instance. domestic water has been used
t q nations have agreed
recent ears. The non-profit organizations i 1 ,
exclusively an the Institute grounds in ttc Y i�� wtll � ��� with
in the future, the la%vn an
within their p 1
d garden areas I
irrigation water. This will assure that treated water is conserved and these water rights are
protected. The limited lawn areas of the r- al projectswiU also be irrigated in this fashion
sidend
if adequate water is available and the water can be efficiently delivered to these sites.
1
667 'i, S03
F.CItIIII'f ''F"
TECHNOLOGY ASSOCIATES
APPROPRIATE -
or Surtalnohlr peveIopmeAt
$slur Fnrrgy f '
3 xey 1a91
Mr. ?red Smith, Vice proaides►t
skiinq Corporation
p, 0Sox 1240
ASYgu, , CO 21612
DaeS xc. Smith, Sacken, krigoni :
gimpy Consultant,qcals I htVa boon request' ueest' in regard to an•rQY
Rvaa, 1►sahitsota to oniteadOwsaProj ,
in the open a, c
sf=iaisncy riarity in t�1C
Will be a high p the oomgon
!n ef.'.'He w endeavor to •�•�noe aritsria C given In �
lodge units. 11s y_11 steltls �a rn!rT pod.. 19a9 i
as the sy lords at of the
we aro
criteria as anal 6 re•goatively of
C2saptrsa 4 to most our bigh t rt,atagiaS for • daeignr
Edition. In ordoz of energy of iai
e nluati= ■ nu�� and/or !coat
inoludir�l ts scab t
1. Sigh �fozsanca glazing 9rana o Cinia� saints l of solar boat
Ki=•,,r to minimize beat loss
laced arOaB• t•, A
gain arcs q walls, roof and floor: to
eupar insulation taahniV-q for
2. tenants.
ni zo ttia buildiN's h"at_ng taQ
Aix 7a 7gs reduatioa strat�Jiss to nini-size nr=velope. y�
11 the building envelope•
infiltration/exfiltrnt'on of air thtcuQ roblems often
avoid Roistur, P .
ventilation
pion as will as by Drovid. raQuirod
4. Heat xpC°� ignt eonaho assoelatod heat loss.
aai
oaoiatad a uemants without the
trash air r gu eontiols to maYinize energy
s. ugh •itici•nay hastin ys ems and
i vomlort quality light
sttia rnay, ovide high a -t
htinq Systand to Dz
a. High Bf£ioienay �4 and lits cycle cost.
sat operating enalySin and
at the lov of my energy
with the yroviaiona
will y='ovide the design, In 26Ce°rdariCO s
= aliens for the design.
racomaend of M,ary Coda.
Of the �
Sincerely;
Kenneth A- Olson
n=
Zsn>rrgY
1. 1 • 667 ' 904
ASSOCURS
TECKNOLOGY_.
Solai finrrgy f1,r Sustalna6lr Development
Tot, Arad Smith, vice President
a.Pen Skiing conDany .a
Xan XrCAu].etta Inc.
aaakan Arwni A Roati,
Xr. stoven
�ipsuilding Dept.
City •o! ASPe, llssoolate■
�OX>I Xen Oison, xpp"Priat. rannnaiogy
�t AOPLH IIiQTITUTY, DOWQ I,ODQ2
,,alit 2 August 191, ongoing analysis and
Consultant, I havo Provided
XaadoWa projaat- I have evaluated
the
As 2argy and tbo building envelops
rococo atio +s f r ti tionsnWith rsy cod.-.
daits•aicP a�lianc+ with the nodal En•r5Y ,___ era is
for usn o{ ■eT" build m- Coda
tc 1a6e Kit
saws xodel laery and°' analysis by
=slues. With required by Beetioa SO?. xY
camplianca is ie assfied
Lollawst bQu
Code Section
402.i >mom na1Tsis ants of chapter
�i■ project satisty the rs4ui.6ments of station
The buildings in tad Iron tho'ro'v licabla only to
- io,a and are thertora asments o= Pchapter ,,C are.aPP th.r*ore do not
402. The urAer re4ui 5000 Square feat in floor area and
aqPlY osthis project.
Oriteaia Les aroa➢ A b.uildings
jai in
Dee of this CodF� }.oa buiidirigar being raaidant
ss=.=
?or the purpose
u des or lass stories in height are alassIft"d Group R,
nature " A-2.
502.2.1.1 Xallst 1 and do not exceed
anon 5oa.2.1 and as
e was date ne i n Table .1 Annual
The Xg of the Nall ft t� sawn using the
ptu/h-It g 10,
the value Ot iiQur0 01 0! Chap �tarsin•d for each Of
detmrsinad by s• va values as
Haatiaq Degree-day
building¢ are givan in Table 1 of this repo
rt
_t(•
tie...
,^
�' :-.':,•f;�„;
•�'
-tl
-
•
��,��-.'. .ice '
,..+N.y � � M.,.
:•.:'-'�.•
a?e;t,")-- 01 , • ,t , _ ... l'. - ..n, ...•' 73' 667 "• , 8O5
Doc
aoJ.r•1•J �Loof:
The Va of the Roof was determined by Equation Z and dojo not axasod
the value of 0,02d Btu/b-tt2 given in Table 'SOjo,coo aAnnual
eatarainad by liqure f2 of C-'saytaT Bevan unin5
determine
Heating Degiae-days. Oo values as determined for '+`ch of the
ruildings are given in Table l.of this r+pert-
i02.1.i.7 door aaor unheatsC•agaoes:
The.po of the Floors c ar tnhoated crawl spaces do not exceed the
Valve of 0.05 Btulh-ft givers in Tabls 502.3- andKea95gd&t"M "dayby
rigors f6 of Chapter
Seven Going lo,
values as this zapo ted for aac
Table h of the buildings are given,
in
iOJ.p•1-� ilaD-oa-grade t7.00s'is
This section does not apply as there are no slabs -on -grade for
basted apacea.
• 10J.i.i.f Crarl aPaoa 1►a11s1 •
Imis Oection Roes not apply as there are Drawl sgaaoo bolov
uninsulatad floors.
302.2.1.0 Basaaent Malls:
The axtarior basanent walla below uninsulatsd floor* in bui:ding 06
gra jnsulatsd to A-10 (U- 0.05) Vhich sore than satisfies the U
5Q2.2eCn liur qe 8 of ChnDter
value of 0.06 required by Table
Covrn usinq lo,0o0 Annual F[eatinq Deqz
aoa.J.J cooling Criteria+
The requirsdo�s� coo of pig maccaoti naVe man nor* than
satisfied by P
sax.4 Air Laa7:a90:
Marvin vindows and doors are specified and ar tcot ct opurabtlraaaa h
rates whichinGotrs and e 5 ass► (per squan the 0.34 cfm w Loot of area) for doors.
cracz)
0
667 'C, 806
_
17
Rr7►SL' 1
dCI'�►L V
=0S ,ch bnildin4
an detS=,med
BIIILDINd
�3
fb
07
COQE
lt=UZItzmZST
fl
lz i3
'�
19
14
0.10
71I 516
717
. ii
7.1
•
5.3
?.1
p
R
'll
0�1.012
022
.022
.024
11.7
.010
50.0
.011.
47.6
i�00t
V
0.025
.
43 6
45.6. 4E.6
4E.b
R
40.0
.033 .033
.033
.033
30.0
.033
30.0
.033
30.0
AOR
U
g
0.06
20.0
.033
.30.0
30.0 30_0
30.0
x/�
N/a
.
N/A
N/a N/A
N/a
N/A
GLAD
N/A
0.05
N/a
DRSLKLKT
•
0.06N/J►
•
•
''i:��•
•r• _ is
._
�`� } .ter
,:. .yam,,..—....
• t
... ... ..`.•.r
. .. :�.,•:t
.
deal op+au' Val section
0.17
External Air rile
tar
Fcan Rigid Insulation
,o0
8.00
0.56
* Phenolic
S,aN MM rasa Batt Insulation
ig.45
112" GYP Bd.
0.63
Interior Air Fill
27.5' r
y8.86 0.036+
TOTw R-values
p,03S
s-vacua „ �.
adjujLad Lor 21 framing ! ib a•
r overall U-valus
gyp 4al Roof 8aatioa
0.17
Exterior Air Tiles
n K
0,77
d gh&athin9
s/a P1yxo Batt Insulation
5/6 Pi
TS%r4lass
47.b
0.56
SS"
S / a" dYn Bd'
0.6.1
Intsri°r Air ril*
46.74 •
4961 •
E-value
0:020 a.021
TOIL U-Yalu•
2X !taming 2 169 c.o..
U-Valus adjusted for
* pveralI
*Vital aiasinq IInit uniu atc, speoiiiad
tiona for all glazed Wind" ano.z� (R-l.$).
gpocifica load Kith all q: i u-valuo of
to be G-VP
rn ioal sxfligntI um overall V-values
ze spacitied to ba supplied nrith maxim
SkY113--j tar value)
of a.
0
paauel osotioas itiod to haves a nirisum
'
,typical Znaulatsd 6pandral Sections arc °
R--value of 10•
667 e0e
0-,
EXHIBIT "G"
PERFORMANCE HALL
YEAA/REHEARSAL
ENERGY CONSERVATION DESCRIPTION
ate many energy conserving
incorpor the most
make it one Of
Hall willshould
The new Music combine to for the
These features e The energy strategies hnolOgY
features.
.uctures Of its tyP - and high tec
efficient stt de 3 ign features
both
building involve
solutions.
A. Design
building's volume will be
the
.ly 80-85% of feature
I. Approximate - and well-pr--en and
winter
significant
below grade, a signif at load in the
will lessen the he
that Mnier. -
cooling in the S" be essentially
reasons the main hall will
will have the effect Of
ror acoustic
2. This
a double wall structure. thermal as well as
creating an .... ually effective
acoustic barrier- design features
tandarldve
incorporated will -be more reflect roof materials
je
3,
such as air lock entr
low emissivity glass*s,
and
B. Technological
consultant
engineer as a
. ng a mechanical engine effective
we will be us'. innovative. and
the
1.
who is well known for y will include
HVAC Problems- The,.nd techniques, such
solution to
efficiency equipment i
high ef ultra high efficiency
latest systems,
as warm air recovery
boiler systems, etc* latest techniques in
the ' 'ble- it
Z• We will design lighting using
illumination where ever pOssl may
sources
high efficiency
that more traditional lighting
to eliminate ballast
is possible
in the main hall
be required
noise-
10, water usage fixtures in the new
3We ,,, specify
tLj
restrOOms-
CONCLUSION f-the-art facility in
be a state-O
MAA Music Had will I ive high Priority to
we will g of
new
The in addition, the incorporation
every respect- costs through
operating technique
reducing overall conservation
energy con
1991
every appropriate
May 10,
•
EXHIBIT "H"
March 21, 1991
t•1s . Amy Margerum
planning Director ning Office
Aspen/Pitkin Plan
130 South Galena Street
Aspen, Colorado 81611
Re: Aspen Meadows Final SPA: Impact of Construction and
Development to Native vegetation
Dear Ms. Margerum: catin
ge
Th
is �ntended Sub ino item 26, so
faruction
r as this section addressesetation pontthe fAspen tMeadows
and development on native veg
property.
The landscape design is iluLtiZtedTheyin tindicate he conceptual aminimal
Planting Plans, L-9 throughadjacent to, or
In public areas, new tree
the buildings. area of manicured landscape immediate y
contained among en, Spruce, Pine and
planting will be limited to Asp exist on the property•
Cottonwood trees, which presently
Existing trees that will be affected by new development will
be relocated on the property to the maximumConditionsxtent sPlans,
These trees are identified on the Existing
L-1 through L-4.
on ve
The intent is to limit
on the
impact
manicured lareas gand tbyn by
intensely maintaining
construction activities to limit the
carefully monitoring
extent of disturbance.
Revegetation of all disturbed areas
willvegetation
will occur based on the following g
will be
1. An de ermined appropriateyamturf expertx for vwho will identify
determined by Disturbed grass areas
existing native grasses.
will be re_ seeded with this mix.
667 �'r 810
Ms. my tmargerum
March 21, 1991
page Two
2, Clative plant materials will 'ne obtained from a
nursery such as Nat've ?lants, Inc. in Utah. This
nursery tias a wide range o_ ^-
five plants
including Sagebrush, Willo:+s and GambeThe plants
Oak, all
of whictl are common on the prcperty. The
are container grown, they come in many sizes and
are dependable growers. .1 proper watering,
Sage and willows grow rapidly.
3• In conditions where slopes exc,3ed 3:1, erosion
control materials will be applied, and where
d
ou
necessary slopes will be stabilized inralglhcases,
terracing and planting techn:cues.
sufficient topsoil will be applied.
first
st
in the
4 establishmentrpfsthe nativeoshrubs�andlgrasses. 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 materiialsinprevious.n proinedsas en
feel that the Aspen Meadows propertycCan e healthy, natural
attractive manmade environment along
landscape.
sincerely,
DESIGN WORKSHOP, INC.
Don Ensign
Principal
DE/la
PG OF 3• REC DOC N
385465 B-793 P-75pIT•Nt5/95 COUNT003:19P & RECORDER 16.00
SILVIA DAVIS
AMENDMENT TO
"THE ASPEN MEADOWS,, SPECIALLY PLANNED AREA
DEVELOPMENT AND SUBDIVISION AGREEMENT
THIS AMENDMENT is made and entered into effective the day of July, 1995,
by and between the City of Aspen, Colorado, a municipal corporation and home rule city (the
"City"), acting by and through the Director of e Land Use Regulations ofmunity tththe "Director")
City of Aspen
pursuant to the provisions of Section 7-804 of th
(the "Code") and Savanah Limited Partnership, a District of Columbia Limited Partnership
("Savanah") with reference to the following:
RECITALS
1. The City and Savanah are parties to "The Aspen Meadows" Specially Planned
Area Development & Subdivision Agreement recorded January 25, 1992, in Book 667 at Pages
731, et seq., of the Pitkin County, Colorado real property records (the "SPA Agreement").
2. Savanah is the owner of Lots 7-10, The Aspen Meadows Specially Planned Area
(the "Residential Lots"), which were approved in the SPA Agreement for development of single-
family residences.
3. Subsequent to the development approval for the Residential Lots, the City adopted
Ordinance 35 (Series of 1995), which contains provisions that are inconsistent with the text of
the SPA Agreement insofar as the Residential hets �e concerned as a esult of which, and
made application to
pursuant to the provisions of Section 7-804 oft City Code, Savanah has
the Director for an Insubstantial Amendment to the SPA Agreement in order to conform the text
thereof to Ordinace 35 and thereby eliminate any confusion in the public as to permissible
building activities for the Residential Lots.
4. The Director has considered the application of Savanah and has determined that
the requested amendment to the SPA Agreement involves
culminating in development approval for the
considerations that could not
reasonably have been anticipated during the process of Savanah as an
Residential Lots and is, therefore, prepared to authorize the request
Insubstantial Amendment to the SPA Agreement.
NOW THEREFORE, in consideration of the foregoing Recitals and pursuant to the
provisions of Section 7-804 of the City Code, the parties hereby agree as follows:
First, the language that precedes subsection 1. Dimensional Renuirements of Section II,G
of the SPA Agreement sliall be and hereby is amended and revised to read in its entirety as
follows:
-15
ing
Lots 7, 8, 9, and 10 are owned currentlyaundeve undeand veloped. Each 1Rot has received
to the Plat. These lots
385465 B-793 P-756 015/95 03:19P PG 0 OF 3 0
a development allotment under the City of Aspen GMQS and has received
certain variations from the minimum R-15 zone district dimensional
requirements, as noted on a �vtand as described in for the development of �singlefamily
below. Each lot has been pproed
residence, together with an accessory dwelling unit, which shall be used,
occupied and rented in the manner provided in Section H,G,4, below.
Each lot has a developable FAR of 4,540 square feet, including the
accessory dwelling unit of 500 square feet above grade, but excluding a
garage to the extent of the exclusion therefor allowed under the provisions
of Chapter 24 of the Municipal Code. As of the date of this Amendment
those provisions provide that if an owner of one of the lots wishes to
construct a garage of 500 square feet, the developable FAR remaining for
the single-family residence and accessory dwelling unit would be reduced
by 125 square feet to 4,415 square feet. Each of the four single-family
lots has a specific building envelope as shown on the Plat. In all other
respects development shall proceed in accordance with the Residential
Design Standards and FAR definitions contained in Chapter 24 of the
Municipal Code and any amendments thereto. Each owner, at anytime,
of any of Lots 7-10, inclusive shall be obligated to comport with and
abide by the applicable terms, provisions, and conditions of Ordinance 14
and the Plat.
Second, the parenthetical note following Section II.G.I J), which reads "(N-t41g,. The
square footage includes an accessory dwelling unit of 500 sq. ft. and excludes a garage of up
to 500 sq. ft.)" is hereby deleted in its entirety.
IN WITNESS WHEREOF, this Amendment has been made and entered into as of the
day and year first above written.
THE CITY OF ASPEN, a Colorado Municipal
�,rp�r��ion ;
P
5 1995 By
,UL `Z UtG� Directo of mmunity Development
O� PSQ�N SAVANAH LIMITED PARTNERSHIF, a District of
Uottt�,U�t� Gt ryA
spen En ses Internationanc., a
hi ado tio�, its general partner
385465 B-793 P-757 A 5/95 03:19P FAG 3 OF 3 •
STATE OF COLORADO )
) ss.
COUNTY OF PITK N
The foregoing instru ent w acknowledged before me this QS day of
J 1995, by 1 � ^ �� a USu I') as Director of Community
Develo ent for The City of Aspen, Colorado, a municipal corporation..
TNESS my hand d official seal. .. G
0 3T "` R �' `y k - y commission expires
PUB L_,
4��' •'�,o`��' No ry PubOF Co
STATE OF COLORADO )
) ss.
COUNTY OF PTTKIN )
The foregoing instrument was acknowledged before me this 13 r� day of
<,,pr�-Mgc , 1995, by Omar Benjamin as President of Aspen Enterprises International
Inc., a Colorado Corporation, general partner of Savanah Limited Partnership, a District of
Columbia Limited Partnership..
WITNESS my hand and official seal.
My commission expires:
(SEAL)
17°' ROBERT. ROMERo o ry Public
� . stotsaso
Lo
r�a
4 t os
re\,av,n&�..w
APR 28 ' 99 eY ; 22FM ASPEN •NG OF-C IW . 2
l9gb-,�I
OCCUPANCY DEED RESTRICTION AND AGREEMENT
FOR AN EMPLOYEE DWELLING UNIT
APPROVED PURSUANT TO ASPEN PLANNING &
ZONING COMMISSION RESOLUTION NO, 91-10 AND
CITY COUNCIL ORDINANCE NO. 14 (Series 1991)
THIS AGREEMENT is made and entered into this day of April, 1999, by Medicine
Bow Equity Ventures L.L.C. (hereinafter referred to as "Owner ), whose address is 660 Meadows
Road, located in the County of Pitkin, and the Aspen/Pitkin County Housing Authority (hereinafter
APCHA), a multi jurisdictional housing authority established pursuant to the AMENDED AND
RESTATED INTER -GOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the
records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority").
WITNESSETH
WHEREAS, Owner owns real property more specifically described as Aspen Meadows
S.P.A. Subdivision Lot 7 (hereinafter referred to as 'Real Property"), which Real Property shall
contain one "Free -Market" unit and one affordable dwelling unit to contain one bedroom,
approximately 500 square feet,_ approved by the Aspen Planning & Zoning Commission
Resolution No. 91-10 and CRy Council Ordinance No. 14 (Sd: e . For purposes of this
Agreement, the Employee Dwelling ni , , an all appurtenances, improvements
and fixtures associated therewith shall hereinafter be referred to as the "Property"; and
WHEREAS,. this Agreement imposes certain covenants upon the Property which restrict
the use and occupancy of the Employee Dwelling Unit to employees and their families who are
employed in Pitkin County and meet the qualification guidelines established and indexed by the
Authority on an annual basis.
NOW, THEREFORE, in consideration of the mutual promises and obligations contained
herein, the Owner hereby covenants and agrees as follows:
1. Owner hereby covenants that the Employee Dwelling Unit described above shall at all
times remain a rental unit and shall not be condominiumized.
2. The use and occupancy of the Employee Dwelling Unit shall henceforth be limited
exclusively to housing for employees and their families who are employed in Pitkin County
and who meet the definition of "qualified Category 1 employee" as that term is defined by
the qualification guidelines established and indexed by the Authority on an annual basis.
The Owner shall have the right to lease the Employee Dwelling Unit to a "qualified
Category 1 employee" of his own selection. Such individual may be an employee of the
Owner, provided such person(s) fulfills the requirements of a qualified employee. The unit
must meet occupancy requirements as established by the APCHA and reviewed from time
to time.
3. The Employee Dwelling Unit shall not be occupied by the Owner or members of the
immediate family ("Immediate Family" shall mean a person related by blood or marriage
who is a first cousin [or closer relative] and his or her children) nor shall the Employee
Dwelling Unit be used a guest houvwor_guest feditty,
4. Wrlbn verification of employment of amplayem(a) proposed to reside in the Employee
Dwelling- Unit shall be completed and tied with the Authority by the Owner of the
Employee' DwdNng Unit PRIOR to o=pancy thereof, and such verification must be
acceptable to the Authority,
5. The Employee Dwelling Unit shall be required to be rented for periods of no Im than six
(6) wrisecutive months. Upon vacancy of the Employee Dwelling Unit, the owner ib
grarrtad fortyli4ve (41) days In which to locate a qualified employee. If no employee Is
placed by tha Owner, the Authority maY rent the Employee Dwelling Unit to a qualified
employea.
S. The maximum rental rate shall not exceed the Category 1 rental rate as set forth In the _
Rental Guidelines esWilshed by the Authority and may be adjusted annually as sat; forth
by thg Guidellnes. The maximum permitted rant for the unit on the date of mmudon of
this dead restriction Is $429 per month. Rent shall be verified And approved by the
Authority upon submission and approval of the lease. Employees shall ba quaMed by the
Authority as to employment only, and not maudmum income or asset limitations,
7. The Unit must rtieot minimum occupancy, Le., one person per bedroom,
g, Lease Agreements executed for occupancy of the Employee Dwelling Unit shall provide for
a rental term of not less than six (6) consecutive months. A signed and exewted copy of
the lease shah 'be provided to tha Authority by the Owner wlthin ton (10) days of approval
of ®rnployee(s) for the Employee Dwelling Unit.
g. This agreement shall constitute covenants running with the Real Property as a burden
thereon far tho benefit of, and shall be specifically enforceable by, tho Authority, the Board
my missionem of the County of Pitkin, Colorado, and their respective
sUcre$sers, as pscable, by any appropriate legal action including, but not Ilmhed to,
injuncdon, abate nt, or eviction of non-quanfled tenants.
IN WITNESS YIROP, the parties hereto have executed this lnstrumwt on this date and
Medlelne Row gully Van LL,C.
(Notary on next page)
a
APR 20 '99 01:23PM ASPEN ONG CFC 40 P.4
STATE OF C0k-0jZ ,000UNTY )
h ) ss, -
__
The foregoing instrument was acknowledged before me this 21 day of April, 1999, by
Medicine Bow Equity Ventures L.L.C.
p,9 Y P& TNESS MY hand and official seal.
MARY � mmission expires: i; Lvv3
LYNN
KORN Q�
OF C 0%-
Notaryublic
My Cwm*sion Expn
Fetxuwy 1S. MW ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing agreement and Its terms are accepted by the Aspen/Pitkin County Housing
Authority,
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
By:
Frank S. Peters, Chairperson
Mailing Address: Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of ,
1999, by Frank S. Peters.
WITNESS MY hand and official seal.
My Commission expires:
Notary Public
3
ATTACHMENT 1
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen Development Application Fee Policy
The City of Aspen, pursuant to Ordinance 45 (Series of 1999), has established a fee structure for
the processing of land use applications. A flat fee or deposit is collected for land use applications
based on the type of application submitted. Referral fees for other City departments reviewing
the application will also be collected when necessary. One check including the deposit for
Planning and referral agency fees must be submitted with each land use application, made
payable to the Aspen/Pitkin Community Development Department. Applications will not be
accepted for processing without the required application fee.
A flat fee is collected by Community Development for Administrative Approvals which
normally take a minimal and predictable amount of staff time to process. The fee is not
refundable.
A deposit is collected by Community Development when more extensive staff review is required,
as hours are likely to vary substantially from one application to another. Actual staff time spent
will be charged against the deposit. Several different staff members may charge their time spent
on the case in addition to the case planner. Staff time is logged to the case and staff can provide
a summary report of hours spent at the applicant's request.
After the deposit has been expended, the applicant will be billed monthly based on actual staff
hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the
case following any hearing or approvals, up until the applicant applies for a building permit.
Current billings must be paid within 30 days or processing of the application will be suspended.
If an applicant has previously failed to pay application fees as required, no new or additional
applications will be accepted for processing until the outstanding fees are paid. In no case will
Building Permits be issued until all costs associated with case processing have been paid.
When the case planner determines that the case is completed (whether approved or not
approved), the case is considered closed and any remaining balance from the deposit will be
refunded to the applicant.
Applications which require a deposit must include an Agreement for Pa ment of Development
Application Fees. The Agreement establishes the applicant as being responsible for payment of
all costs associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application and fee in order for a
land use case to be opened.
The current complete fee schedule for land use applications is listed on the reverse side.
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No_ 45 (Series of 1999)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
MI fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of S which is for hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
B '4/c-
Ju lie eAnn Woods
Community Development Director
g:lsupportlformslagrpayas.doc
12/27/99
By:
Date:
Mailing Address:
- ! •
ASPEN/P1TKIN COMMUNITY DEVELOPMENT
2000 LAND USE APPLICATION FEES
CATEGORY HOURS
DEPOSIT
FLAT FEE
Major 12
2,310.00
Minor 6
1,155.00
Staff Approvals
480.00
Fiat Fee
265.00
Exempt HPC
65.00
Minor HPC
480.00
Significant HPC <1000 sq. ft.
1155.00
Significant HPC >1000 sq. ft.
2310.00
Demolition, Partial Demolition, Relocation
2310.00
Referral Fees - Environmental Health
Major
330.00
Minor
170.00
Referral Fees - Housing
Major
330.00
Minor
170.00
Referral Fees - City Engineer
Major
330.00
Minor
170.00
Hourly Rate 195.00
• LAND USE APPLICATION •
PROJECT:
Name: j
Location:
(Indicate street address, lot & block number, legal description where appropriate)
APPLICANT:
Name:
Address:
Phone #:
REPRESENTATIVE:
Name:
Address:
Phone #:
I Yet Ut' hkt"eLIUA I IUN: (please cnecK all that apply):
Conditional Use
Conceptual PUD
Conceptual Historic Devi.
Special Review
Final PUD (& PUD Amendment)
Final Historic Development
Design Review Appeal
Conceptual SPA
Minor Historic Devt.
GMQS Allotment
❑
Final SPA (& SPA Amendment)
Historic Demolition
❑
GMQS Exemption
Subdivision
Historic Designation
ESA - 8040 Greenline, Stream
Subdivision Exemption (includes
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
Lot Split
Temporary Use
❑
Other:
Lot Line Adjustment
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Have you attached the following? FEES DUE: S
Pre -Application Conference Summary
Attachment #1, Signed Fee Agreement
7 Response to Attachment #2, Dimensional Requirements Form
Response to Attachment 43, Minimum Submission Contents
Response to Attachment #4, Specific Submission Contents
❑ Response to Attachment #5, Review Standards for Your Application
SUMMIT DEVELOPMENT CORP.
601 E. Hyman Avenue, Ste. 103
Aspen, CO 81611
, AX TRANSMISSION
TO: DATE:
FAX #: �0?,3-lp % 02 PAGES:
FIZONI :
RE:
CONIMENTS:
CONFIDENTIALITY WARNING
This message is intended only for the use of the individual or entity to which it is addressed, and may
contain information that is privileged, confidential and exempt from disclosure under applicable law.
If you are not the intended recipient, or the employee or agent responsible for delivering the message
to the intended recipient, you are hereby notified that any dissemination, distribution or copying of
this communication is strictly prohibited. if you have received this communication in error, notify us
immediately by telephone and return the original message to us at the address above via the U.S.
Postal Service. Thanic you.
(970) 920-1742 Phone * (970) 925-1711 Facsimile
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FINAL S.P.A. DEVELOPMENT PLAN
AND FINAL SUBDIVISION PLAT
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SENT BY:SAVANAH LTD PARTNER a-'1-99 ;11:17AM ; 30392^"� -� 92517114 2
�?3r'' U1/_ F/�'_ to: l� ��� oor , v ro-r
.iTvia Davis, Fitkin Cnty C� Doc S.ut_)
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,
In connection with the construction of the seven tennis townhome townhouse
condominium units on Lot 6 Savanah shall pay to the City an affordable housing
mitigation impact fee for 1.66 low income employees per unit for each of the
seven new residential units on Lot 6, in an amount to be calculated pursuant to
those fee guidelines in effect at the time the fee is to be paid. The fee shall be
paid prior to the issuance of the building permit for construction of any new
residential unit on Lot 6 and shall be paid in proportion to the number of units
sought to be permitted.
i G. LOTS 7 d l - THE RESIDENCEST THE ASPEN MEADOM:
Lots 7, 8, 9 and 10 are owned by Savanah and are zoned R-15 according to the Plat.
These lots currently are undeveloped. Under the SPA, Savanah has been granted
approval to develop, on each lot, a single family residence together with an accesso ry
dwellingunit. Each lot has a FAR
AR of 4,540 square feet, excluding 500 square feet of
garage, but including the accessory dwelling unit of 500 square feet above grade. FARS
and the definitions thereof for the residences and the accessory dwelling units shall
remain as set forth and defined in the Aspen Land Use Regulations in effect as of June
10 1991 notwithstanding
and shall survive for not less than the three year period next
succeeding June 10, 1991, any subsequently adopted reduction in or change to the
definition or calculation of FARs The four single family units have specific building
envelopes as shown on the Plat and will be subject to protective covenants that will be
placed of record prior to the sale of any of Lots 7, 8, 9 and 10, which covenants will,
at a minimum, provide for (a) the establishment and incorporation of an association of
homeowners with a Design Review Board, at least one member of which shall be
designated by the City of Aspen Historical Preservation Commission, which Board shall
have original jurisdiction in all matters involving any change to the then existing state or
condition of any lot; (b) the manner in which each accessory dwelling unit on any lot
shall be used, occupied and rented, including the incorporation of applicable standards
and guidelines of the Aspen Pitldn County Housing Authority; and (c) the obligation of
each of Lots 7, 8, 9 and 10 and each owner, at anytime, thereof to comport with and
30
SENT -BY: SAVA,NAH LTD PARTNER 8-'1 8 ; 11 :17,AM 30392
#.�4 3� o 1 / _4 / 92 i 6 t 13 Rec \54040oo E bb7 F'S 765
Silvia Davis. F'itkin Cnty Clerk. Doc S.0o
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.
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.
E,=. The minimum R-15 zone district lot size per principle dwelling
unit has been reduced to 12,000 square feet for Lots 7, 8, 9 and 10.)
b) Minimum lot area per dwelling unit: 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
(N=. The minimum side yard setbacks have been reduced by the City
under the SPA to zero feet for the West side of Lot 7 and the East side of
Lot 10.)
f) Minimum rear yard:
i) Residential building:
10 feet
Accessory building: 5 feet
(N=. Rear yard setbacks for Lots 7-10 are as shown on the
Plat.)
g) Maximum height:
31
25 feet
SENT-9Y:SAVANA,H LTn PARTNER ° '-98 ;11;18AM 30392� 925i711;# 4
�r. 01/meµ/yam :o: i� r.�c �� ur, oor r-u ebb
s lvia Davis, Pitkin Cnty Clerk, Doc s.00
h) Minimum distance between detached
buildings on lot:
1) Percent of open space:
j) External FAR:
10 fxt
No Requirement
4,540 sq. ft.
L=. The square footage includes an accessory dwelling unit of 500 sq.
, and excludes a garage of up to 500 sq. ft.)
ternal FAR:
no requirement
1) Off-street parking spaces: One space per bedroom, and one
space per accessory dwelling unit.
2. Site Improvements
a) Ulilities. All telephone, electric and cable lines on the Property servicing
the improvements shall be undergrounded. All water and sanitary sewer
1� lines shall be designed and constructed in accordance with standards of the
�t1 City and of the ACSD and as built easements will be provided as
required. It shall be the requirement of Savanah to install all utilities to
the lot lines. The utilities shall be installed in connection with the
construction of the new Meadows Road.
3. Financial Assurances
In order to secure the construction of the site improvements in Paragraph 2 above
and to guarantee 100% of the estimated cost of such improvements, Savanah shall
guarantee by irrevocable bond, sight draft or letter of commitment or credit from
a financially responsible lender that funds in the amount of such estimated costs,
are held by it for the account of City for the construction and installation of the
above -described improvements. As a condition for issuance of a building permit
for a portion or all of the utility installation, Savanah and City shall agree on that
portion of the work outlined in Paragraph 2 above reasonably necessary to
complete the work for which a permit is being sought and the mutually agreed
upon financial assurances shall be delivered to the City prior to issuance of the
building permit. All financial assurances given by Savanah to City, in all events,
shall give the City the unconditional right, upon and following default by
Savanah, notice thereof by the City, and a forty day right thereafter to cure, to
withdraw funds as necessary and upon demand to partially or fully complete
and/or pay for any of such improvements or pay any uncontested outstanding bills
for work done thereon by any party, with any excess guaranty amount to be
applied first to additional administrative or legal costs associated with any such
32
SENT BY:SAVANA,H LTD PART'JER 1-98 11:18AM ; 30392, 92517114 5
* 01/24/92 16: 17 ,Rec s• W-) Bi;': 667 FG 76,7
Silvia Davis, Pitkin Cnty C1eri:. Doc s.00
default and the repair of any deterioration in improvements already constructed
before the unused remainder (if any) of such guaranty is released to Savanah. As
portions of the required improvements are completed, the Public Works Director
shall inspect them, and upon approval and written acceptance, he'shall authorize
the release 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 long as such substituting form meets the
requirements for form and content above set forth. Any such substitution shall
be t to the prior approval of the City Attorney in his determination.
In connection with the construction of each single family residence there shall be
constructed an accessory dwelling unit of 500 square feet above grade. These one
bedroom units shall be deed restricted to the low income rental guidelines in
effect from time to time as determined by the Housing Authority. It shall be the
responsibility of the owners of each of the four single family sites to lease the
employee units to qualified tenants as determined by the Housing Authority, The
owners shall have the right to select the tenants. A copy of the deed restriction
form for these residential sites is attached hereto as Exhibit "D" and is incorporat-
ed herein by this reference.
At the time of application for a building permit for any residential lot the City
shall, if so requested by the lot owner, consider the appropriateness of accepting,
instead of the accessory dwelling unit on the lot, cash in lieu thereof or an off -site
employee unit. The decision shall be at the reasonable discretion of the City.
1) Access/Ememency Loon- The thirteen foot service access/emergency loop drive
serving the lodge buildings on Lot 1 shall be constructed with an all weather
surface adequate to support fire -fighting apparatus. Such access/emergency loop
drive(s) shall be plowed, cleared and maintained to thirteen foot widths at all
times of the year and particularly during the winter months.
2) Fire Protection. 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
SENT-6Y:SAVANAH LTD PARTNER 1-95 ;11:194 9251711;4
Rec. tip Es} 667 Fu 76e
Silvia Davis, F.tkn Cnty Clert,:, Doc �.un
3) Fireplace Regulations. All residential units shall comply with fireplace
regulations as contained in the Municipal Code and enforced by the Environmen-
tal Health Department. No building permits shall be issued for residential units
absent compliance with fireplace regulations. Savanah shall replace the wood
burning fireplaces in the eight existing trustee house units on Lot 5 with gas log
fireplaces. Minor relocations of existing fireplaces shall be considered replace-
ment of existing and not the incorporation of new fireplaces. All disputes
concerning the application or interpretation of fireplace regulations to the Project
(and individual components thereof) shall be subject to review and determination
by the Clean Air Board.
4) Drainalc Mitigation. Prior to the issuance of a building permit for each
component of the Project, a drainage mitigation plan for that component for run-
off during construction activity shall be submitted to and approved by the City
Engineer so as to insure against or minimize run-off into Castle Creek and the
Roaring Fork River.
5) Fusitive Dust Control. Prior to the -issuance of a building permit for each
component of the Project, a fugitive dust control plan for that component must
be submitted to and approved by the Environmental Health Department and
applicable state agencies. Additionally, a fugitive dust control plan must be
submitted and approved by the Environmental Health Department for the MAA
parking lot prior to issuance of a building permit for the MAA rehearsal/
performance facility.
6) Energy Conservation - Savanah. All energy conservation and efficiency measures
as represented by Savanah in its GMQS application and set forth in Exhibit "E"
hereto regarding insulation, glazing, solar orientation, HVAC, and plumbing
fixtures shall be incorporated into all residential units and the design(s) thereof
must be approved by the City prior to issuance of any building permit for
residential construction. These measures shall be further incorporated into deed
restrictions and/or covenants for all single family homes and condominia.
7) Energy Conservation - Iatitute and MAA. Non-residential construction and
facilities shall utilize state-of-the-art energy conservation and efficiency measures
as represented by the Institute and MAA. Accordingly, detailed plans submitted
for building permits for the lodge structures and the MAA rehearsal/performance
hall must be accompanied by the energy information provided to staff in the
Appropriate Technologies Associates' letter of May 3, 1991, Exhibit "F" and the
MAA Rehearsal/Performance Hall Energy Conservation Description document
submitted to Planning staff on May 20, 1991, a copy of which is attached hereto
as Exhibit "G". The engineered thermal envelope calculation will be verified by
the Building Department according to the Model Energy Code.
34
SENT 9Y SAVAN:4H LTD PARTNER 9-98 ;1 1 : 20AM ; 3039-5" ��-+ _ _ 925171 i : 7
5ilu F'itkin Casty Clar
avis,
8) Pox Dens. The Consortium has constructed replacement and additional fox dens
in a manner and at locations selected in the field by the City, in consultation with
�R the Director of the Aspen Center for Environmental Studies ("ACES").
9) Re -Vegetation. Re -vegetation of all areas developed pursuant to the Plan shall
be implemented in accordance with those guidelines as set forth by Design
Workshop in its letter of March 21, 1991, a copy of which is attached hereto as
Exhibit "H". All re -vegetation shall be inspected and monitored by the City to
ensure that re -vegetation efforts and the protection of the same are successful.
10) Manicured Lawn Areas. New manicured lawn areas shall be minimized to the
extent possible, except in those areas adjacent to the Music Tent, and as shown
on the Plat.
l I) Construction Barricading. Prior to excavation, temporary construction barricades
and/or fencing shall be erected within five feet of the building envelopes of the
tennis townhomes and trustee townhomes to prevent damage from falling debris
to the slope bordering the development activity unless unstable soils dictate
alternative locations mutually agreed upon by Savanah, the Building Department
and Planning Office. Prior to issuance of building permits for individual
components, the locations of all fencing and barricades shall be submitted to and
approved by the Building Department and the Planning Office. All fencing and
barricades shall remain in place throughout the construction process.
12) Amendments. Any SPA or Master Plan amendment or future development
applications submitted by any non-profit user of the Property (Lots 1, 2 and 3)
shall be applied for jointly by all non-profit property owners but need not receive
approval of the owners of Lots 5-10 inclusive. This provision shall supersede any
requirement herein or elsewhere in the Municipal Code or otherwise contained
requiring SPA submittal approval by all property owners within a Specially
Planned Area. Conversely, any SPA Amendment proposed to be submitted by
any residential owner or association thereof (Uts 5-10, inclusive) shall require,
in addition to the consent of the owners of the residential component involved,
the approval of the resident non -profits of the SPA, which approval shall,
however, not be unreasonably withheld.
13) Public Access. Public pedestrian access, excluding access to buildings, will
continue to be allowed at reasonable hours throughout the entire academic (A),
open space (OS), and wildlife preservation (WP) zone district areas of the
35
SENT BY:SAVANAH LTD PARTNER y11-98 ;11:20AM 3039r 3 5171i;# 8
Davis, F''_tl::irr, C n t y Coc $Q�<� r� CIO
Property, subject to reasonable regulations as may, from time to time, be
established by the owners thereof in order to protect their property, as well as the
academic privacy and serenity of the campus, its programs and the health and
safety of other users and visitors.
14) MAA Parking Lot, The MAA parking lot shall be plowed and kept clear of snow
during all wintertime performances or functions at MAA facilities.
. I •• .,•0-:1MAIMPARM
To the extent practical and necessary, every six months following the date hereof until
the construction of all components of the Project is complete, the Consortium shall, if
requested thereby, meet with the City Planning Office for the purpose of informing the
PIanning 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.
W• •ul'
.aiLks �1i•l\'hl
In the event that the City determines that an individual member of the Consortium is not
acting in substantial compliance with the terms of this Agreement and/or one or more of
the Construction Schedules submitted to the City Engineering Department in accordance
herewith (a "Non -Complying Member"), the City Council may issue and serve upon the
Non -Complying Member a written order specifying the alleged non-compliance and
requiring the Non -Complying Member to remedy the same within such reasonable time
as the City Council may determine. Within twenty days of the receipt of such order, the
Non -Complying Member may file with the City Council either a notice advising the City
Council that it is in compliance or a written petition requesting a hearing to determine
any one or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, or
(b) Whether a variance, extension of time or amendment to this Agreement should
be granted with respect to any such non-compliance which is determined to exist.
36