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Home My WebLink AboutLand Use Case.107 N 7th St.A035-022735-123-08-004 A035-02 ICl h] 1tk 5+ - Bavarian PUD Amendment 1-7 ,. / 1 Â£2*2737 T 01 U 1 1 4 '7 . .. PARCEL*ID: ~2735-123-08004 DATE RCVD: ]4/19/02 # COPIESIE- -- CASE NolA035-02 CASE NAME:~Bavarian PUD Amendment PLNR 4-1916 0 6 1-but PROJ ADDR:~835 W. Main St CASE TYP:~PUD Amendment ~ STEPS:~ OWN/APP: Bavarian Inn Afforda ADR| c/s/z: r PHN: ~ REP:~Sunny Vann ADR:~230 E. Hopkins C/S/Z:~Aspen/CO/81611 ' PHN1925-6958 FEES DUE:~1205 D 350 E 350EH 350 H FEES RCVD12255 STAT: r- REFERRALS< REF:~ BY~ , DUE:| MTG DATE REV BODY PH NOTICED 1 - Â· DATE OF FINAL ACTION:| CITY COUNCIL: REMARKS| PZ: BOA: CLOSED: 110/,34,; 0 2, BY: ] -7 (- L U1(A,6-7 DRAC: J 1 -000*â€ž22*N- .- -A PLAT SUBMITD: ~ PLAT (BK,PG):~ ADMIN: -- MAY. 6.2002 7:53AM ASPEN HOUSING OFC NO.812 P. 1 - .. MEMORANDUM TO: Joyce Ohison, Community Development FROM: Cindy Christensen, Interim Executive bireetor DATE: May 6,2002 RE: Bavarian Inn PUb Amendment ISSUE: After inspecting the structural aspects of the existing building, the applicant is requesting to demolish the building and replace the structure in the existing footprint. The applicant will retain the existing basement. BACKGROUND: It has been the experience of Staff that when an older existing structure is retained and remodeled, more problems seem to arise. The applicant does not plan on changing any unit mix or lype of units within the Bavarian and will build a new structure on the existing foundation, RECOMMENDATION: Staff reviewed the request and recommends approval. clc: mwom\refer,al\bavartatl-demol,doc MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer Reference DRC Caseload Coordinator Date: May 1, 2002 Re: Bavarian Inn Affordable Housing Attendees: John Niewoehner, Community Development Department Joyce Olson, Community Development Department Dennis Murray, Building Cindy Christensen, Housing Brian Flynn, Parks Jerry Nye, Streets Tom Bracewell, Sanitation District Phil Overeyner, Aspen Water (and Electric) Richard Goulding, Engineering Nick Adeh, Engineering Sunny Vann, Vann Associates (representing applicant) Todd Emerson, Four Peaks (representing applicant) General On May 1, 2002 the Development Review Committee (DRC) reviewed the Bavarian Inn Affordable Housing Project. The proposed project will demolish the existing Bavarian Inn and reconstruct the building on the same foundation. Whereas the existing building has rental units, the new building will be split into condominiums. Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, all site features are shown, and the proposed development is feasible. The following are the comments of the DRC on the proposed project: Site Review 1. Engineering Department: â€¢ A Construction Traffic Management Plan needs to be submitted as part of the building permit application â€¢ Sidewalks are to be constructed to City standards. â€¢ Since the proposed roof design differs from the existing roof design (flat vs. sloped), the drainage plan will need to be revised. 2. Community Development Engineer: â€¢ No comments at this time. 3. Zoning: â€¢ No comments at this time. 4. Housing Department: â€¢ Housing Department commends the proposed plan on providing slightly larger units. No housing mitigation is needed since the proposed units are affordable housing. Page 2 of 4 ~ May 1, 2002 DRC for Bavarian Inn 5. Fire Protection District: â€¢ Standard requirements including sprinklers, alarms and access. â€¢ Sprinklers for Modular Construction: The Fire Chief needs to be involved in the design and installation of the sprinkler systems for the modular units. It is preferable if any corrections to the sprinkler system are made at the factory prior to the modular units being transported to Aspen. 6. Parks Department: â€¢ Parks requests to see a copy of the Tree Preservation Plan. Parks assumes that all conditions set forth in the previous review are still active. Parks Comments from previous DRC Meeting February 7,2002: Parks - Requirement- The following requirements have been made by the Parks Department: a. The 5 large spruce trees at the corner of the alley and 8th Street must be fenced prior to construction and approved by the City Forester or his designee. The transformer and utility box located on Parcel 2 appears to be very close to the dripline of the eastern most spruce. Any excavation within the dripline of this tree must be hand dug. In addition, the water service lines for the units that face Main St. also appear to have potential conflicts with existing trees. The water service line for unit N2 also appears to be in the path of the trees to be preserved in lawn area of Parcel 1. b. The landscape plan shows three (3) Cottonwoods for the right-of-way along Main Street. There should be 4 Cottonwood trees for this area and the City Forester must be contacted prior to their planting for exact location and spacing. A gravel pad appears to be located underneath the 12" cottonwood at the south east corner of parcel 2. It is unclear what the need or intention is forthis gravel pad. No excavation should occur on thal side of the tree due to the excavation that may impact the tree on the other side for the sidewalk construction. A final landscape plan should be submitted with the official tree removal permit with a few more minor adjustments to the plan for proposed plantings. c. The sidewalk along Main Street is currently shown to be offset from the property line by approximately 1-2 feet. The sidewalk should abut the property line to allow for the maximum space for trees and a buffer zone for the new Main Street/Highway 82 entrance to town. The sidewalk may have to curve slightly around the 12 inch cottonwood proposed to be saved. d. An irrigation design must be approved by the Parks Department prior to installation and should be included as part of a right-of-way permit. Information: The following information was provided by the Parks department a. Parks staff has met with the project representatives on numerous occasions and we are in agreement with the tree removal plan. If the eight (8") inch pine (adjacent to the log cabin) is unable to be relocated, the tree will require mitigation. The tree must survive a minimum of three years (3) and a bond must be posted for the relocation. A formal tree removal permit will be required prior to submission of a building permit. 7. Building Department: â€¢ State certified inspector needed for the installation of modular units. 8. Citv Water Department â€¢ Water meters are to be installed in a common meter bank. â€¢ Water Department regulations regarding the abandonment of water services are to be followed. Page 3 of 4 ~ May 1, 2002 DRC for Bavarian Inn â€¢ There is a need for a Shared Water Service Agreement. The Water Department has a boiler plate for this document. â€¢ All uses and construction will comply with the City of Aspen Water System standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code. 9. Aspen Consolidated Sanitation District â€¢ When the ACSD replaces the main sewer line through the alley, the old sewer service lines to these buildings will be abandoned and will not be reinstated. â€¢ New service connections will not be provided by the district unless written locations and sizes are provided by the applicant by 5-10-02. â€¢ A Shared Sewer Connection Agreement is needed until a condominium agreement is signed. 10. Environmental Health â€¢ No comments at this time. 11. Citv Communitv Development - Planning â€¢ No comments at this time. 12. Electric Department â€¢ The transformer may have to be enlarged and that may result in the need for a larger easement. 13. Holy Cross Electric â€¢ No comments at this time. 14. Citv Attorney â€¢ No comments at this time. 15. Streets Department â€¢ No comments at this time. 16. Historic Preservation Officer â€¢ No comments at this time. 17. Pitkin County Planning â€¢ No comments at this time. 16. Countv and Citv Disaster Coordinator â€¢ No comments at this time Approvals Page 4 of 4 ~ May 1, 2002 DRC for Bavarian Inn 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920-5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department D:\DRC\Bavarian.doc Jo .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81621 Phone: (970) 920-5090 Fax: (970) 920-5439 MEMORANDUM TO: City Engineer Aspen Consol. Sanitation District Zoning Officer Building Department Housing Director Environmental Health Parks Department Electric Department Aspen Fire Marshal - City Attorney - City Water Streets Department Historic Preservation Officer Parking Department Transportation Manager Holy Cross Pitkin County Planning Asset Management FROM: Joyce A. Ohlson, Deputy Director of Community Development 920-5062 RE: Bavarian Inn PUD Amendment (To demolish and reconstruct the Bavarian Inn Structure) DATE: 4/25/02 REFERRAL SCHEDULE DRC MEETING DATE: May 1,2002 The purpose of this discussion is to review a change to the original PUD which called for the remodeling of the Bavarian Inn to AH units. Now the applicants are requesting to raze the structure and rebuild to the same footprint, housing mix, unit density, etc. Thanks! Joyce Ohlson joyceo@ci.aspen.co.us 410 - rcit~ ruÂ»4*4 b-uÂ»-.45 40 D/home/joyce/dreform tu.AlÂ» l Lu,u*u .. VANN ASSOCIATES, LLC Planning Consultants April 17, 2002 HAND DELIVERED Ms. Joyce Ohlson, Deputy Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Planned Unit Development Amendment, Bavarian Inn Subdivision/PUD Dear Joyce: Please consider this letter an application to amend the final PUD development plan approval for the Bavarian Inn Subdivision/PUD (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.445.100.B. of the City's current Land Use Regulations (i.e., the April 2000 reprint of Title 26 of the Aspen Municipal Code) by Four Peaks Development, LLC (hereinafter "Applicant") on behalf of the property owner, Bavarian Affordable Housing, LLC (see Exhibit 2, Title Policy). Permission for Vann Associates, LLC to represent the Applicant is attached as Exhibit 3. An executed application fee agree- ment and a list of adjacent property owners are attached as Exhibits 4 and 5, respec- tively. Background The Bavarian Inn Subdivision/PUD received final PUD development plan approval (and all associated review approvals except condominiumization) from the City Council on July 23, 2001 (see Exhibit 6, Ordinance No. 21). While the project's final PUD development plan, final subdivision plat, and subdivision/PUD agreement were to have been recorded within 180 days of the receipt of final PUD approval (i.e., by January 19, 2002), the deadline was extended by the City Council until February 28,2002 (see Exhibit 7, Resolution No. 4). The extension was granted to provide the Applicant with additional time in which to finalize the various subdivi- sion/PUD documents prior to recordation. A second extension of the recordation deadline was approved by the Council on February 25,2002 (see Exhibit 8, Resolution No. 16). The purpose of this extension was to allow the Applicant to prepare and process the proposed PUD amendment 230 East Hopkins Ave. Â· Aspen, Colorado 81611 ' 970/925-6958 Â· Fax 970/920-9310 .. Ms. Joyce Ohlson April 17, 2002 Page 2 which is the subject of this application. The revised recordation deadline is presently 180 days from the Council's approval or denial of the proposed PUD amendment. Proposed Amendrnent As discussed in the Applicant's second request for an extension of the recordation deadline, the general contractor for the Bavarian Inn affordable housing project, R.A. Nelson, Inc., has determined that the existing Bavarian Inn should be demolished and replaced with a new structure. Pursuant to condition number 4 of City Council Ordinance No. 21 (i.e., the final PUD approval ordinance),the existing structure was to have been upgraded and remodeled by the Applicant. The structural condition of the Bavarian Inn, however, is such that remodeling is no longer a viable option. In the alternative, the Applicant proposes to construct a new building in the same location with the same unit mix, the design of which will be consistent with the other new structures to be built elsewhere on the property. The replacement structure will incorporate the Bavarian Inn's existing basement and be constructed upon the Inn's existing foundation. As the accompanying architectural plans and elevations indicate, the footprint and interior design of the replacement structure is essentially identical to the remodeled Bavarian Inn. Please note, however, that the new structure's exterior architecture has been revised to reflect that of the project's other structures. Identical building materials will be used to impart a sense of consistency to the overall project. Please also note that the size of some of the replacement structure's units has increased as a result of the redesign. No changes, however, are proposed to the previously approved income categories. Minor changes in the replacement structure's setbacks will also occur as a result of the proposed redesign. In addition, the Applicant proposes to redesign unit N2 which is located in the so- called Bleeker Street duplex structure. The design of this unit was originally predicat- ed on the retention of an existing cabin foundation which is located in this area of the property, and on the preservation of an existing tree located adjacent thereto. Upon further investigation, the general contractor also determined that this foundation could not realistically be retained. As a result, the Applicant has redesigned the unit to take better advantage of the site and to provide a more desirable living space. The redesign will also enhance the retention of the existing tree which the Parks Depart- ment wishes to save and eliminate the need to transplant an additional tree previously earmarked for relocation. No change in the unit's size or income category, however, is proposed. Architectural plans and elevations for the revised unit also accompany this application. .. Ms. Joyce Ohlson April 17, 2002 Page 3 The approved and revised unit sizes and building setbacks for the Bavarian Inn and the Bleeker Street duplex are summarized below. 1. Approved Unit Configurations Remodeled Bavarian Inn 3 - Studios @ 430 Sq. Ft./Unit 1 - Studio @ 530 Sq. Ft. 1 - 1 Bedroom Flat @ 570 Sq. Ft. 1 - 2 Bedroom Flat @ 980 Sq. Ft. 1 - 3 Bedroom Flat @ 1,170 Sq. Ft. 1 - 3 Bedroom Flat @ 1,160 Sq. Ft. Building N - Bleeker Street Duplex Structure Unit Nl - 3 Bedroom Townhouse Unit @ 1,312 Sq. Ft. Unit N2 - 2 Bedroom Townhouse Unit @ 870 Sq. Ft. 2. Revised Unit Configurations Replacement Bavarian Inn 3 - Studios @ 440 Sq. Ft./Unit 1 - Studio @ 585 Sq. Ft. 1 - 1 Bedroom Flat @ 640 Sq. Ft. 1 - 2 Bedroom Flat @ 1,012 Sq. Ft. 2 - 3 Bedroom Flats @ 1,170 Sq. Ft. Building N - Bleeker Street Duplex Structure Unit Nl- 3 Bedroom Townhouse Unit @ 1,312 Sq. Ft. Unit N2 - 2 Bedroom Townhouse Unit @ 870 Sq. Ft. 3. Approved Setbacks (Feet) Remodeled Bavarian Inn .. Ms. Joyce Ohlson April 17, 2002 Page 4 Front Yard 10.3 East Side Yard 7.1 West Side Yard Not Applicable Rear Yard 6.2 Bleeker Street Duplex Structure Front Yard 20 East Side Yard Not Applicable West Side Yard 5 Rear Yard 3.3 4. Revised Setbacks Remodeled Bavarian Inn Front Yard 10.3 East Side Yard 7.1 West Side Yard Not Applicable Rear Yard 6.2 Bleeker Street Duplex Structure Front Yard 20 East Side Yard Not Applicable West Side Yard 5 Rear Yard 3.3 Review Requirements Section 26.445.100 of the Regulations provides the ability to amend a previously approved PUD development plan. The required approval process is a function of the nature and extent of the proposed amendment. Pursuant to Section 26.445.100.B., an amendment which is found to be consistent with or an enhancement of an approved final PUD development plan by the Community Development Director, but which does not meet the requirements for an insubstantial amendment, may be approved by the Planning and Zoning Commission at a public hearing. As the Regulations contain no itemized review criteria, the P&Z need only determine that the proposed amend- ment is either consistent with or an enhancement of the final PUD development approval. In our opinion, the proposed amendment complies with both of these standards. .. Ms. Joyce Ohlson April 17, 2002 Page 5 As you may recall during the review process, various neighbors repeatedly asked that the Applicant replace the existing Bavarian Inn with a new structure. The Applicant declined as it was felt at the time that the proposed remodeling of the building would be more cost effective. Subsequent investigations of the existing building' s structure, however, have indicated that this is not the case. The replacement of the Bavarian Inn with a new structure whose architecture is compatible with the other buildings to be constructed on the property will unquestionably enhance the prior PUD approval and appeal to the project's neighbors. In addition, the new structure is consistent with the prior approval in that no significant changes are proposed in the building's unit mix, unit sizes or income categories. With respect to the N2 unit, the proposed redesign results in a better site plan which is more responsive to the property's existing vegetation and a more livable affordable housing unit. The size of the unit, and its proposed income category, however, will remain unchanged. As a result, the proposed redesign represents an enhancement of the prior approval, and is consistent therewith as no change in unit size or income category is proposed. As we discussed, it is my understanding that this application will be schedule for review by the Planing and Zoning Commission at there May 21 meeting, and the City's Development Review Committee will consider the application on April 24. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VAIN ASSOC/ATES, LLC pun%~Vann, AICP SV:ilvv Attachments ec: Scott Writer c:\oldc\bus\city.app\app42401.amd EXHIBIT 1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Joyce Allgaier Ohlson, 920-5062 DATE: 4/3/02 PROJECT: Bavarian Inn PUD Amendment (for Redevelopment of the Inn) REPRESENTATIVE: Sunny Vann (Vann Associates) 925-6958 OWNER: Bavarian Inn Affordable Housing LLC DESCRIPTION: Amendment to PUD approval (Proposal is to demolish the existing inn structure and rebuild to the same dimensions and same housing unit number and generally same unit size. Proposal does not include changes to the other AlI components of the Bavarian Inn Affordable Housing PUD as approved in Ordinance No. 21, Series of 2001.) Land Use Code Section(s) 26.445.100(B) Amendment of PUD Development Order 26.480.080 Amendment to Subdivision Development Order (Application will be subject to these provision is any minor plat amendments are found to be necessary during the PUD amendment.) Review by: Staff for completeness; P&Z for Final Plan Amendment Public Hearing: Yes (P&Z), Applicant must post property and mail notice at least 15 days prior to hearing. Community Development Dept. shall publish notice in paper of general circulation at least 15 days prior to hearings. Applicant will need to provide proof ofposting and mailing with an affidavit at the public hearing. Referral Agencies: Housing, Engineering, Zoning, Parks and Recreation Dept., Environmental Health, Fire Marshal, Water, ACSD, Building Dept., Aspen Electric Dept., & Streets Planning Fees: Planning Fee Deposit ($1,205) Billing rate is $205 for additional hours. Referral Agen. Fees: Referral to Engineering, Environmental Health and Housing (3 x$350=$1035) Total Deposit: $2,240.00 To apply, submit the following information: (Digital version of any text submittals must be provided.) 1. Proof of ownership. Letter of authorization from Property owner to representative. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 20 Copies of the complete application packet and maps. (PZ==7; Referral Agencies = 11; Planning Staff = 2) 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Include existing conditions as well as proposed. .. 9. List of adjacent property owners within 300' for public hearing. The GIS Department can provide this list on mailing labels for a small fee. 920.5453 10. Copies of applicable prior approvals. 11. Any other submittals as required by the Land Use Code. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 0 3 - j V Â· '17 WÂ· , IÂ®)yerslitle . Insurance @Doration A WORD OF THANKS ..... 1 A LANDAMERICA COMPANY As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your talth jn Lawyers Title I Insurance Corporation. There is no recurring premium. OWNER'S POLICY OF This policy provides valuable title protection and ~ TITLE INSURANCE we suggest you keep it in a safe place where it i will be readily available for future reference. AMERICAN LAND Trrus AssoctknON N you have any questions about the protection (10-17-92) provided by this policy, contact the otfice thal issued your policy or you may write toi Consumer Affairs Department ~ 1 Iqwyers-litle Insurance @moration LA N U.O,4 E R.Câ€¢l COH/'491 P.0, Box 27567 Richmond, Virginia 23261-7567 ISSUED BY TOLL FREE NUMBER: 1-800-446-7086 = IguyerslitleInsumnce @-perallm 1 lobl E 01-1Â·ICE: 101 Cmewity Cem ,Â·0 141,Â·hway, Cineway OilÂ¢ Riclimomt Virginia 23235-5153 7 13 EXHIBIT 2 ~ SCHEDULE A-OWNER'S POLI~ CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT15602-B January 12, 2001 @ 10:07 AM $2,000,000.00 A75-0259625 1. NAME OF INSURED: BAVARIAN AFFORDABLE HOUSING, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3, THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: BAVARIAN AFFORDABLE HOUSING, LLC, A DELAWARE LIMITED LIABILITY COMPANY 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOTS D, E, F, G, H, 1, K, L, M, N,O AND P, BLOCK 12, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TrrLE. INC. 601 E HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/ (970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. k .. SCHEDULE B-OWNERS CAS E NUMBER DATE OF POLICY POLICY NUMBER PCT15602-B January 12, 2001 @ 10:07 AM A75-0259625 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2, Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 2001 not yet due or payable. 7. Reservations and exceptions as set forth in the Deed from the Cit'y of Aspen recorded in Book 59 at Page 115, Book 59 at Page 339 and Book 59 at Page 510 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws" 8. Mineral rights as reserved in Deeds recorded July 30,1892 in Book 73 at Page 259, August 9, 1892 in Book 73 at Page 270, November 10, 1893 in Book 73 at Page 492, February 26, 1902 in Book 85 at Page 411, February 26, 1902 in Book 85 at Page 412, October 7, 1901 in Book 119 at Page 443 and in Book 182 at Page 447. 9. Easement granted to the City of Aspen recorded December 11, 1986 in Book 524 at Page 929. 10. Terms, conditions, provisions, obligations and all matters as set forth jn Ordinance No. _, Series of September 3, 1997 by City of Aspen recorded September 3, 1997 as Reception No. 407979. 11. Terms, conditions, provisions and obligations as set forth in Revocable License Agreement recorded November 20,2000 as Reception No. 4.48997. 12. Encroachments and all matters as disclosed by Survey of Schmueser, Gordon, Meyer dated June 2000 as Job No. 980948. EXCEPTIONS NUMBERED 1, 2, 3 and 4 ARE HEREBY OMITTED. .. EXHIBIT 3 April 12, 2002 HAND DELIVERED Ms. Joyce Ohlson, Deputy Director Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Ohlson: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent Four Peaks Development, LLC in the processing of our application to amend the final PUD development plan approval for the Bavarian Inn Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, FOUR PEAKS DEVELOPMENT, LLC Â«79 - Scott Writer, Partner SV:CWV c :\bus\city.ltr\ltr42401.jo 1 . EXHIBIT 4 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Applications Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and te]CY, /994/9, r,EVELanAB#r LUS (hereinafter APPLICANT) AGREE AS FOLLOWS: i 1. APPLICANT has submitted to CITY an application for .37 AHaÂ«!r->14 814-r (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 ( Series of 1996) 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. 1. APPLICANT and CITY agree that because of the size. nature or scope of the proposed project. it is not possible at this time zo ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in tile interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining great 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 APPLICANTS 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 approval. 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 full fees prior to a determination of application completeness. APPLICANT shall pay an initial deposit in the amount of ~203 - which is for hours o f Planning 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 o f 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. CITY OF ASPEN APPLICANT %-1 j Signatur*-- -/2 ~;Mie Ann Woods Date: .0--I-------7773 /0 2 Printed Name: 41,57-7- <A/g|-7-428, Community Development Mailing Address: /6*36 6- M/U- â‚¬r. Acting Director 49:* 4 i 05 22/4/ City of Aspen ~ EXHIBIT 5 715 W MAIN LLC ANDREWS JUDY D ANZALONE GRACE E 715 W MAIN ST STE #201 1043 HIGHLANDER DR PO BOX 3808 ASPEN CO 81611 SEASIDE CA 93955-6231 ASPEN CO 81612 ASPEN/PITKIN COUNTY HOUSING ASPEN SQUARE CONDOMINIUM ASSOC BAVARIAN AFFORDABLE HOUSING LLC AUTHORITY 617 E COOPER AVE I 000 S MILL, ST 530 E MAIN ST ASPEN CO 81611 ASPEN CO 81611-3800 ASPEN CO 81611 BEAVERS JASON L 1/2 BERGER BRUCE NICOLAS BODURTI-IA SUSAN M 719 W MAIN ST #301 PO BOX 482 719 W MAIN ST #206 ASPEN CO 81611 ASPEN CO 81612 ASPEN CO 81611 BOSSART TODD L BREIDENBACH WARREN C BRINKMEYER THOMAS K 814 W BLEEKER ST #E4 #4 WOLF PEN LN PO BOX 9022 ASPEN CO 81611 PROSPECT KY 40059 ASPEN CO 81612 BROWN ALBERT L JR ASPEN QUAL BRUFF SHERLYNNE GUEST BRUNT FAMILY LIMITED PARTNERSHIP TRUST 50Â°/0 100 N 8TI-1 ST #30 PO BOX 304937 1767 E MCMILLAN ST ASPEN CO 81611 ST THOMAS VI 00803 CINCINNATI OH 45206 CHRISTIAN SCIENCE SOCIETY BURNS JULIE N BUTLER MARIE ASPEN/SNOWMASS INC 719 W MAIN ST #203 814 W BLEEKER #C-4 734 W MAIN ST ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 CITY OF ASPEN COHEN RICHARD A & ELIZABETH A COOK ROBERT C & MARSHA N 130 S GALENA ST PO BOX 1806 3060 W PINE VALLEY RD NW ASPEN CO 81611 ASPEN CO 81612 ATLANTA GA 30305 COULTER G LYNNIE DACOSTA MAUREEN C DAILY KIMBERLY DAWN PO BOX L3 PO BOX I 814 W BLEEKER PL E2 ASPEN CO 81612 ASPEN CO 81612 ASPEN CO 8 I 611 DOYLE R&G 10% SEARIGHT P 30% DANIEL MEREDITH NELSON & GARY DRAKE LENIR DOYLE R T III 30% GRIST F 30% 724 W HOPKINS 100 N 8TH ST UNIT 26 3711 EASTLEDGE DR ASPEN CO 80611 ASPEN CO 8]611-3152 AUSTIN TX 78731 EICHNER SAMUEL L EIDSON JOY REVOCABLE TRUST-1/2 FATTAHI AMENEH AS TRUSTEE EICHNER SUSANA STERN DE EIDSON ARVIN WAYNE REVOCABLE PO BOX 8080 FUENTE PIRAMIDES 243 TRUST-1/2 ASPEN CO 81612 TECAMACHALCO MEXICO CITY 53950 PO BOX 271 SULPHUR OK 73086 .. FELDMAN BARBARA S & CHESTER GAMARRA ANA M & JUAN C GELLER SCOTT PO BOX 8193 PO BOX 9877 29 BARKLEY CIR ASPEN CO 81612 ASPEN CO 81612 FORT MYERS FL 33907-7531 GLATMAN THEMIS ZAMBRZYCKI GIBANS JONATHAN GOLDSMITH ELLEN GLATMAN BRUCE ROY PO BOX 8098 719 W MAIN ST #101 20034 CALVERT ST ASPEN CO 81612 ASPEN CO 81611 WOODLAND HILLS CA 91367 HADDON HAROLD A & BEVERLY J HAMLIN CONNIE E HANLE JEFFREY T 409 21 ST ST PO BOX 1906 126 S 7TH ST DENVER CO 80205 ASPEN CO 81612 ASPEN CO 81611 HEISLEY MICHAEL E HARPER JAMES R HINRICHS NANCY R C/O LONG K J 150 PALMETTO RD 100 N STI I ST #2 2004 DIANA DR BELLEAIR FL 33756 ASPEN CO 81611 MENDOTA IL 61342 HOGGATT JERRY S 1-IOOK BRADLEY K & PAMELA D HORSEY SUSAN H 175 14TH ST 782C NORTH KALAHEO 815 W MAIN ST NEW ORLEANS LA 70124 KAILUA HI 96734 ASPEN CO 81611 HUTCHESON RICHARD L JOHNSON JULIE A KHALAF ALEXANDER R & FAHIMA PO BOX 1969 719 W MAIN ST #207 408 E HYMAN AVE WIMBERLEY TX 78676-6869 ASPEN CO 81611 ASPEN CO 81611 KLEIN HERBERT S & MARSHA KNIGHT GLENDA C KUDISH DAVID J REVOCABLE TRUST 201 N MILL ST STE 201 PO BOX 328 1325 N ASTOR ST ASPEN CO 81611 SNOWMASS CO 81654 CHICAGO IL 60610 KURTZ KENNETH T & KAREN LANDIS JAMES H LARNER JACQUELINE L BRAKUR CUSTOM CABINETRY INC C/O 1501 MAROON CREEK #11 376 DAHLIA 18656 S RT 59 ASPEN CO 81611 DENVER CO 80220 SHOREWOOD IL 60435 LEPPLA JOHN L LICHTENWALTER GARY R LONG FAMILY INVESTMENTS LLLP LEPPLA JOEN F 814 W BLEEKER UNIT B-1 0190 SAGE SWALE 4040 DAHL RD ASPEN CO 81611 CARBONDALE CO 81623 MOUND MN 55364 LUU TONG KHON LONG MONA HAYLES TRUST LUU INVESTMENTS LLC TRAN TUYET LE BOX 3849 435 E MAIN ST 814 WEST BLEEKER - B4 ASPEN CO 81612 ASPEN CO 81611 ASPEN CO 81611 .. YLE ALEXANDER T MAEWEST LLC MANGONE PARTNERSHIP LP 719 W MAIN ST #204 PO BOX 3153 12687 W CEDAR DR #100 ASPEN CO 81611 ASPEN CO 81612 LAKEWOOD CO 80228 VIARCUS ANN H MARTINEAU DANIEL J & AMY N S MATTHEWS DEE R 1780 JUNIPER HILL RD PO BOX 12357 5137 52ND ST NW ASPEN CO 81611 ASPEN CO 81612 WASHINGTON DC 20016 MAWICKE FREDERICK H MCBAY WILBUR & SHARON MEANS GRAEME 719 W MAIN #205 17123 CHESTERBROOK VALE CT 189 MEADWOOD DR ASPEN CO 81611 MCLEAN VA 22101 ASPEN CO 81611-3341 MINNESOTA MATERNAL MITTON JOSEPH & PATRICIA 1/2 INT MEYER LAURA FETEL MEDICINE FRANKLE DAVID 1/2 INT 134 S 7TH ST 2115 DWIGHT LN 1015 VOLTZ RD ASPEN CO 816]1 MINNETONKA MN 55305 NORTHBROOK IL 60062-4722 MURRY PAUL J MORRISON SUSAN M REVOCABLE TRUST NEVILLE HEATHER W 1/2 W/ KENT MURRY BONITA J 3093 FORT CHARLES DR 728 W HOPKINS AVE 814 W BLEEKER ST C-5 NAPLES FL 34102-7920 ASPEN CO 81611 ASPEN CO 81611 NEVINS ROBERT M & WENDY S OVERTON PATRICIA J P B HOLDINGS LLC PO BOX 11482 PO BOX 3075 725 W BLEEKER ST ASPEN CO 81612 ASPEN CO 81612 ASPEN CO 81611 POLSE KENNETH A & JOYCE L REVOC PARFET DONALD R & ANNE V PARIS JOHN HERNANDO 1992 TST 11000 RIDGEWOOD LN 2222 SANTA MONICA BLVD 452 SCENIC AVE RICHLAND MI 49083 SANTA MONICA CA 90404-2307 PIEDMONT CA 94611 REED BRENT H & GEORGE L II RICCIARDI RIK RK ASPEN LLC 100 N 8TH ST #6 100 N STH ST #14 4411 W ROOSEVELT ASPEN CO 816]1-1124 ASPEN CO 81611 PHOENIX AZ 85043 SHADDOCK CARROLL & DORTHEA SCHAFFER WILLIAM H SCOTT SANDRA SCHULZE 77.27 814 W BLEEKER ST #B6 9873 LAWRENCE RD APT 1306 1715 SOUTH BLVD ASPEN CO 816 1 1 BOYNTON BEACH FL 33436-3823 HOUSTON TX 77098 SISTY UGLERS FAMILY PARTNERSHIP SHERIDAN DAVID R II 1/2 SIEGEL ELIZABETH N & NEIL B LTD PO BOX 11373 4706 WARREN ST NW C/O CAROL ANN KOPF ASPEN CO 81612 WASHINGTON DC 20016 770 CASTLE CREEK DR ASPEN CO 81611 .. SIVART HOLDINGS LTD PARTNERSHIP STEINBERG EDWARD M TERRY TONYA M 2 1 BREEZY KNOLL 1068 HOLLY ST 744 W HOPKINS AVE AVON CT 06001 DENVER CO 80220 ASPEN CO 81611-1664 TONER MARK K TOPELSON ALEJANDRO TRAN HONG HUONG 719 W MAIN ST #103 4725 S MONACO ST #330 814 W BLEEKER ST #Cl ASPEN CO 81611 DENVER CO 80237-3468 ASPEN CO 81611 UHLER FRANCES M TURCHIN WENDY & MARTIN VALLEY MIA 814 W BLEEKER 53 1 MEADOWOOD DR 740 W HOPKINS AVE UNIT B2 ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611-3115 WALTZ THOMAS A & NELL F WEISS CLIFFORD & STACEY 5075 LA JOLLA SCENIC DR 100 N 8TH ST VILLA #36 WEST IIOPKINS CONDO ASSOCIATION LA JOLLA CA 92037 ASPEN CO 81611 WHITFIELD DONNAMARIE C ZIEGLER JUSTIN C 732 W HOPKINS AVE #A3 719 W MAIN ST #202 ASPEN CO 81611 ASPEN CO 81611 . EXHIBIT 6 1111111 -lil i - 1111~ - 1 lilli 11111111 l il i- -1 10/01/2001 10:46Â¢: 459214 Page: 1 of 8 S LVIA DAVIS PI-KIN COUNTY CO R 40.00 D 0.00 ORDINANCE NO. 21, SERIES OF 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE FINAL PLANNED UNIT DEVELOPMENT (PUD) FOR THE BAVARIAN INN AFFORDABLE HOUSING DEVELOPMENT, SUBDIVISION TO CREATE NINETEEN AFFORDABLE HOUSING UNITS, REZONING TO RESIDENTIAL MULTI-FAMILY WITH A PLANNED UNIT DEVELOPMENT OVERLAY ZONE DISTRICT, A GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION, AND VESTED PROPERTY RIGHTS ON LOTS D THROUGH I AND LOTS K THROUGH P, BLOCK 12, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735.123.08.004 WHEREAS, the Community Development Department received an application from Bavarian Affordable Housing LLC, owner, as represented by Vann Associates, LLC, for a Final Planned Unit Development Plan, Subdivision, Rezoning, Special Review, Growth Management Quota System Exemption and Vested Property Rights approval of a for-sale, deed-restricted, residential affordable housing development of 19 units, 40 bedrooms and 31 parking spaces on two (2) parcels located between W. Main Street, Seventh Street, Eighth Street, and W. Bleeker Street; and, WHEREAS, the application was submitted pursuant to Sections 26.52.080, 26.64.040,26.84.030,26.88.040,26.92.030 and 26.102.040 of the Aspen Land Use Regulations (the June 1996 reprint of Title 26 of the 1995 Aspen Municipal Code, including all amendments thereto enacted prior to September 15, 1998, and hereinafter called the "1995 Aspen Municipal Code") as was in effect at the time of submission of the conceptual PUD application; and WHEREAS, Parcel 1 of the subject site is located at the southwest corner of the intersection of Seventh Street and West Bleeker Street, and is legally described as Lots D through I, Block 12, and Parcel 2 of the subject site is located at the northeast corner of N. Eighth Street and West Main Street, and is legally described as Lots K through P, Block 12, both o f the City and Townsite o f Aspen; and WHEREAS, pursuant to the above-cited sections of Title 26 0 f the 1995 Aspen Municipal Code, land use applications requesting land use review for Final Planned Unit Development, Subdivision, Rezoning, Growth Management Quota System (GMQS) Exemption from the scoring and competition for affordable housing development may be approved by the City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing and the Aspen/Pitkin County Housing Authority Board made at a duly noticed public hearing, and the appropriate referral agencies; and, Bavarian Final PtJD Ordinance No. 21, Series of 2001, Page 1 .. WHEREAS, pursuant to Section 26.100.050 of the 1995 Aspen Municipal Code, the Housing Board made a recommendation to the City Council to approve the affordable housing development, with conditions, and exempt the development from the scoring and competition process of GMQS, after conducting a public hearing on March 7, 2001; and, WHEREAS, pursuant to Section 26.04.100 of the 1995 Aspen Municipal Code, the Planning and Zoning Commission made a recommendation to the City Council regarding the application requests for Final Planned Unit Development (PUD), Subdivision, Rezoning, and Growth Management Quota System Exemption approval after conducting a hearing public hearing on March 6 and March 20, 2001, regarding the proposal; and have forwarded their recommendations through Resolution No. 12, Series of 2001, by a vote of five (5) to zero (0); and, WHEREAS, pursuant to Section 26.32 of the 1995 Aspen Municipal Code, the Planning and Zoning Commission approved through Resolution No. 12, Series of 2001, a request for Special Review to establish thirty-one (31) off-street parking requirements for affordable housing; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, Parks Department, Environmental Health Department, the City Transportation Planner, the City Zoning Officer, the Roaring Fork Transit Agency, the Aspen/Pitkin County Housing Authority, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, the City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, Planning and Zoning Commission, Housing Board, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion o f public health, safety, and wel fare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: 459214 10/01/2001 10:46F Page: 2 of 8 SILVIA DAVIS PITKIN COUNTY CO R 40.00 D 0.00 Bavarian Final PUD Ordinance No. 21, Series of 2001, Page 2 . 11 11'll 11 1- M lilli ill ill 459214 Page: 3 of 8 10/01/2001 10:46Â¢: SILLIA [AVIS PIrr<IN COU;Â·Ti CJ R 40.00 D 0.00 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the 1995 Aspen Municipal Code, the Bavarian Inn Affordable Housing Final PUD, Subdivision, Rezoning, and Growth Management Quota System Exemption for the development of a "for-sale" deed-restricted affordable housing development consisting o f 19 housing units, 40 bedrooms, and 31 parking spaces and appurtenant improvements, all as put forth specifically in the Bavarian Affordable Housing Final PU-D Application dated December 1, 2000, prepared by Vann Associates, LLC, and as amended and/or conditioned through this Ordinance is hereby approved, subject to the conditions of approval described hereinafter. Section 2: Conditions of Approval: 1. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a) A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and location of utility pedestals. b) An illustrative site plan of the project showing the proposed improvements, landscaping plan, utility plan, grading/drainage plan, parking layout, and the dimensional requirements as approved. c) A drawing representing the project' s architectural character. d) Within 180 days after final approval by City Council and prior to applying for a building permit, the applicant shall record a Subdivision/PUD Agreement with the Pitkin County Clerk and Recorder binding this property to this development approval. 2. The dimensional requirements of the PUD shall not be in excess of the Residential/Multi-Family Zone District's dimensional requirements and are established as specifically put forth in the application. The Residential Design Standards of the City are found to be met through the PUD process and no additional approval is required. The approved setbacks are as follows: a) A 4-foot variance in the 10-foot rear yard setback for the existing Bavarian Inn on Parcel 1. b) A 7- foot variance in the 10- foot rear yard setback for the proposed duplex on Parcel 1. c) A 2- foot and 4- foot variance in the required 10- foot front yard setback o f the proposed Main Street and Eighth Street multi-family structures, respectively, on Parcel 2. d) A 2-foot variance in the 5-foot side yard setback on the west side of the proposed multi-family structure along Eighth Street on Parcel 2. Bavarian Final PUD Ordinance No. 21, Series of 2001, Page 3 li l i- 1 -111 - ' 1 - 11 lili 111 lilli lili 1111 459214 Page: 4 of 8 10/01/2001 10:46A SILLIA CAVIS PIT-IN -JNTf CO R 40.00 D 0.00 e) All buildings will have flat roofs. f) The NUN2 and S1-S5 building complexes will be limited to twenty (20) feet in height measured to the top o f the roo f. g) The W2-W5 building complex will be limited to twenty-five (25) feet in height measured to the top o f the roo f. 3. The Applicant shall implement the cabin relocation plan as put forth in the application. 4. The existing Bavarian Inn structure shall be subject to the requirements of Part VII, Section 14, Deed Restricting Existing Dwelling Units of APCHA. Existing units must be upgraded in accordance with the following criteria and specific provisions: a) The interior walls of all units must be freshly painted. b) The interior appliances must be purchased within the last five years and be in good working condition. c) Carpet must be less than five years old and be in good condition and repair, or be replaced. d) The exterior building walls shall be freshly painted within one year o f dedication. An alternative to painting would be the application of a new stucco skim coat to the exterior, subject to approval by APCHA. e) A general level ofupgrade to yards and landscaping shall be provided. f) Windows, heating, plumbing, electrical systems, fixtures, and equipment shall be in good and working order. g) The roof must have a remaining useful life of at least ten (10) years and any necessary repair or replacement shall occur to -ensure the teri (10) year life span. h) All units shall meet Uniform Building Code minimum standards, any applicable housing code or, in the absence of an adequate code, the housing code acceptable to the APCHA. i) All units shall be approved by the APCHA and verified by a qualified Building Inspector accepted and approved by the APCHA. j) Applicant shall bear the costs and expenses of any required upgrades to meet the above standards as well as any structural/engineering reports required by the APCHA to assess the suitability for occupancy and compliance with the APCHA standards of the proposed units. k) Any broken window glass shall be replaced. Window sills or frames in disrepair shall be repaired or replaced. 1) Any fascia, soffit and exterior woodwork shall be repaired, replaced and repainted as necessary . m) Rain gutters shall be repaired or replaced as necessary. n) The property grounds shall be cleaned o f debris materials, be upgraded to a grassy condition, and be landscaped in accordance with the Final PUD plan except that additional landscaping shall be installed along the 7th Street in the parking lot island. Bavarian Final PUD Ordinance No, 21, Series of 2001, Page 4 . 111111111111'wil-lilli lilli lilill 1 459214 Page: 5 of 8 10/01/2001 10:46f SILVIA DAVIS PIT,.IN COUNTY Cu R 40.00 D 0.00 5. The Applicant, or the applicant's representative, must meet with the Housing Office prior to listing the units for sale to identify the units that would amount to 13 FTE's. These units may be used to house fully qualified employees chosen by the applicant for the initial sale only of the unit. Any sale after the initial sale of these units would be required to be listed with the Housing Office and sold under the lottery process. The employees must qualify pursuant to Al?CHA Guidelines defining a "qualified employee." 6. A deed restriction, provided by the Housing Office, shall be placed on all of the units prior to building permit application. 7. Prior to Certificate of Occupancy, the Housing Office shall have the right to inspect all units for compliance. 8. A construction management plan that addresses the preservation of the existing landscaping and vegetation on the site and within the public right-of-ways adjacent to the subject property shall be submitted and approved by the City Forester prior to issuance of a building permit. 9. The landscape plan shall be amended to show four (4) Cottonwood trees along Main Street and landscaping within the landscape island. The revised landscape plan must be submitted, showing exact location and spacing, with the official tree removal permit with the required amendments in this approval for the proposed plantings and approved by the City Forester prior to the issuance of a building permit. 10. The Main Street sidewalk design and location shall be amended to align the sidewalk along the property line to allow for the maximum space for trees and a buffer zone for potential future Main Street improvements. The sidewalk shall curve around the 12-inch cottonwood proposed to be saved on the Main Street frontage. 11. Any irrigation design proposed for installation in the public right-of-way must be approved by the Parks Department prior to installation and should be included as part of a right-of-way permit. 12. The building permit application shall include: a) A copy of the final Ordinance and recorded Planning and Zoning Commission Resolution. b) The conditions o f approval printed on the cover page o f the building permit set. c) A completed tap permit for service with the Aspen Consolidated Sanitation District. d) A tree removal permit as required by the City Parks Department and documenting required approvals noted above in Conditions No. 10 and 11 from the City Forester for mitigation o f removed trees and existing tree preservation. e) A fugitive dust control plan. Bavarian Final PUD Ordinance No. 21, Series of 2001, Page 5 . 1 li 1 Mil 1 Im'11 'll ill lillilill il I Page: 6 of 8 459214 10/01/2001 10:46f SILF.A DAVIS PITKIN COUNTY CO R 40.00 D 0.00 13. The building permit plans shall demonstrate an adequate fire sprinkler system and alarm system for the development as required by the Aspen Fire Marshal. 14. Prior to issuance of a building permit: a) The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b) All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 15. No excavation or storage o f dirt or material shall occur within tree driplines or outside of the approved building envelope and access envelope. 16. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. 17. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 18. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 19. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 20. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 21. The site plan shall be amended to show the dumpster (on the alley) relocated from the west end o f the parking area to east end o f the parking area. 22. The Home Owner' s Association Declarations, Restrictions and covenants shall include a provision disallowing dogs. Such provision in the Declarations, Restrictions and Covenants may be amended only with a vote of 100% unanimous approval by the homeowners. 23. The sign plan as described in the Final PUD application shall be amended as follows: a) Re. Sign A-strike the word, "Affordable" from the sign, b) Re. Sign F-add the words, "Do Not Enter". c) Install an additional Sign F at the west end of the parking court. Bavarian Final PUD Ordinance No. 21, Series of 2001, Page 6 459214 -2 1 11 111 il- 11,1 1-lilli lilli 1111 1111 Page: 7 of 8 10/01/2001 10:46Â¢: SILLIA D VIS PITKIN COUNTY CO R 40.00 D 0.00 24. The Home Owner's Association is advised (not required) to set aside a special reserve from the Home Owner's Association funds for the replacement of landscaping and vegetation on the site, including that which was located on the site prior to development. Section 3: The Official Zone District Map of the City of Aspen shall be, and is hereby amended by the Community Development Director to reflect rezoning of Parcel 2, legally described as Lots K through P, Block 12, of the City and Townsite o f Aspen, to Residential/Multi- Family with a Planned Unit Development (PUD) Overlay Zone District. Section 4: A waiver of the Park Development Impact Fee is hereby granted in accordance with the provisions of Section 26.44.060, Affordable Housing/Historic Landmark, of the 1995 Aspen Municipal Code. Section 5: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: This Ordinance shall not effect any existing litigation and shall not operate as an abatement o f any action or proceeding now pending under or by virtue of the.ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: 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. INTRODUCED, READ AND ORDERED PUBISHED as provided by law, by the City Council of the City of Aspen on this 25th day of June, 2001 and set for public hearing and Second Reading on the 23rd day of July, 2001. .\1 OF .4, - 1 V -1.- e -: * . I "191't + 4-: Nanirth & fc/ch, Cfty Clerk Helentaffn I<~an , Mayor 4%/:id Co i .0 A ke / 24' Bavarian Final PUD Ordinance No. 21, Series of 2001, Page 7 .. FINALLY, adopted, passed, and approved by a vote of four to one (4 to 1), this 23rd day of July, 2001. Approved as to form: Approved as to content: 84 0 Â»01339- /1 -1 0 -0. Q John 01#yster, City Attorney Hefl K~in !<lan#@(ud, Mayor ATTEST: Â»oÂ»3 4-41_ Kathryn S. l~ch, City Clerk C:home/Joyce/BavFina}PUDCouncOrdll lilli 111111111 l ili 1111'llit 111111 lilli 10/01/2001 10:46: 459214 Page: 8 of 8 SILVIA DAVIS PI-KIN COUNTY CO R 40.00 D 0.00 Bavarian Final PUD Ordinance No. 21, Series of 2001, Page 8 % EXHIBIT 7 Resolution No. Â£~- (SERIES OF 2002) RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A RECORDATION EXTENSION REQUEST FOR THE PLANNED UNIT DEVELOPMENT PLAT, DRAWINGS, AND AGREEMENTS FOR THE BARVARIAN INN AFFORDABLE HOUSING DEVELOPMENT PUD LOCATED ON LOTS D-I AND LOTS K-P, BLOCK 12, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-123-08-004 WHEREAS, the Community Development Department received an application from the Bavarian Inn Affordable Housing LLC, owners of the Bavarian Inn, represented by Vann Associates, LLC. requesting a 45-day extension to record the Final Planned Unit Development Plat, Drawings and Agreements approved by City Council on July 23, 2001, by Ordinance No. 21, Series 2001, for nineteen (19) affordable housing units, on property consisting of Lots D-I and K-P, Block 12, City and Townsite of Aspen; and, WHEREAS, pursuant to Section 26.88.050(E) of the 1995 Aspen Municipal Code, Recording a Final PUD Development Plan, City Council may, at its sole discretion and for good cause shown, grant an extension of the recordation deadline; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a 45-day extension to record the Bavarian Inn Affordable Housing Planned Unit Development Final Plat, Drawings and Agreements finding that the Applicant provided a written request indicating good cause; and, WHEREAS, the Aspen City Council has reviewed and considered the recordation extension request for the Bavarian Inn Affordable Housing Planned Unit Development under the applicable provisions of the Municipal Code as identified herein, and has reviewed and considered the recommendation of the Community Development Director; and, WHEREAS, the City Council finds that the extension to record the Final PUD documents pursuant to Ordinance No. 21, Seies of 2001 for the BavarianÂ·Inn Affordable Housing Planned Unit Development meets or exceeds all applicable land use standards and that the approval of the extension, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, during a duly noticed public meeting at a regular meeting on January 14, 2002, the City Council, approved a 45-day extension to record the Final Plat, Drawings, and Agreements for the Bavarian Inn Affordable Housing Planned Unit Development pursuant to Ordinance No. 21, Series of 2001, with conditions, by a vote of to D:\home\joyceo\BavarianExtension resol.doc 1 1 .. WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a 45-day extension to February 28,2002, to record the Final Plat, Drawings, and Agreements pursuant to Ordinance No. 21, Series 2001 for the Bavarian Inn Affordable Housing PUD on property consisting of Lots D-I and Lots K-P, Block 12, City and Townsite of Aspen, Colorado with the following conditions: 1. All prior approvals shall remain in full force and effect. 2. Failure to record the required documents by February 28,2002 shall render Ordinance No. 21, Series of 2001 null and void. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the 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 an authorized entity. Section 3: This Resolution 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 conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 thereo f. FINALLY, adopted, passed, and approved this 14th day of January, 2002. D:\home\joyceo\BavarianExtension resol.doc22 .. Approved as to form: Approved as to content: 0-n i - 1 ~ ACip- .A ft/lf nttdja GoliTilkreester, City Attorney Hefen Kali/ClahleÂ¢u , *67 Attest: 4~-9 44Â« Kathryn S. ]~cil, City Clerk D:\home\joyceo\BavarianExtension resol.doc33 ~ EXHIBIT 8 Resolution No. 16 (SERIES OF 2002) RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A RECORDATION EXTENSION REQUEST FOR THE PLANNED UNIT DEVELOPMENT PLAT, DRAWINGS, AND AGREEMENTS FOR THE BARVARIAN INN AFFORDABLE HOUSING DEVELOPMENT PUD LOCATED ON LOTS D-I AND LOTS K-P, BLOCK 12, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-123-08-004 WHEREAS, the Community Development Department received an application from the Bavarian Inn Affordable Housing LLC, owners o f the Bavarian Inn, represented by Vann Associates, LLC, requesting an extension to record the Final Planned Unit Development Plat, Drawings and Agreements approved by City Council on July 23, 2001, by Ordinance No. 21, Series 2001, for nineteen (19) affordable housing units, on property consisting of Lots D-I and K-P, Block 12, City and Townsite of Aspen; and, WHEREAS, pursuant to Section 26.88.050(E) of the 1995 Aspen Municipal Code, Recording a Final PUD Development Plan, City Council may, at its sole discretion and for good cause shown, grant an extension of the recordation deadline and such good cause is found to be a proposed amendment to the PUD in order to have time to gain approval for demolition and rebuilding of the Bavarian Inn (instead ofrenovation); and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an extension to record the Bavarian Inn Affordable Housing Planned Unit Development Final Plat, Drawings and Agreements finding that the Applicant provided a written request indicating good cause; and, WHEREAS, the Aspen City Council has reviewed and considered the recordation extension request for the Bavarian Inn Affordable Housing Planned Unit Development under the applicable provisions of the Municipal Code as identified herein, and has reviewed and considered the recommendation of the Community Development Director; and, WHEREAS, the City Council finds that the extension to record the Final PUD documents pursuant to Ordinance No. 21, Series of 2001 for the Bavarian Inn Affordable Housing Planned Unit Development meets or exceeds all applicable land use standards and that the approval o f the extension, with conditions, is consistent with the goals and elements o f the Aspen Area Community Plan; and, WHEREAS, during a duly noticed public meeting at a regular meeting on February 25,2002, the City Council, approved an extension to record the Final Plat, Drawings, and Agreements for the Bavarian Inn Affordable Housing Planned Unit C:\home\inattach\BavarianExtens2ndFin.doc .. Development pursuant to Ordinance No. 21, Series of 2001, with conditions, by a vote of five to zero (5 to 0). WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve an extension to 180 days after the approval or denial of the Bavarian Inn PUD Amendment to record the Final Plat, Drawings, and Agreements pursuant to Ordinance No. 21, Series 2001 for the Bavarian Inn Affordable Housing PUD on property consisting of Lots D-I and Lots K-P, Block 12, City and Townsite of Aspen, Colorado with the following conditions: 1. All prior approvals, including the provisions of the Aspen Mountain PUD/Subdivision Agreement, Sections L and M, shall remain in full force and effect. 2. Failure to record the required documents within 180 days of the approval or denial of the Bavarian Inn PUD Amendment shall render Ordinance No. 21, Series of 2001 null and void. Section 2: All mateial representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether - in public hearing or documentation presented before the 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 an authorized entity. Section 3: This Resolution 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 conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 o f the remaining portions thereo f. C:\home\inattach\BavarianExtens2ndFin.doc .. FINALLY, adopted, passed, and approved this 25th day of February, 2002. Approved as to form: Approved as to content: ,Â·1-24 n~*a JiFIFn*ored;ter, City Attorney Helenlali~\KIAntierud, Mayor Attest: ilu 44Â« Kathryn S.jfoch, City Clerk C:\home\inattach\BavarianExtens2ndFin.doc .. MEMORANDUM To: Development Review Committee From: Richard Goulding, Project Engineer Reference DRC Caseload Coordinator Date: Feb 7th, 2001 Re: Bavarian Inn The Development Review Committee has reviewed the Bavarian Inn Affordable Housing application at their Feb 7th, 2001 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage - Requirement -.The foundation drainage system should be separate from site storm drainage system. Rain and snow melt runoff must be detained and routed on site. These facilities must be shown on drainage plans and submitted for approval prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm Information - The City drainage criteria needs to be implemented completely. This includes but is not limited to erosion control, soil stabilization, and re- vegetation in disturbed areas. Also, there needs to be an analysis of where the drainage will flow and what adverse affects may arise (if any) from potential mud or debris flows. 2. Sidewalk, Curb, and Gutter - Requirement- sidewalk, curb, and gutter must be designed using the City of Aspen design standards which are available in the City Engineering Department. 3. Fire Protection District - Requirement - Fire Protection District requests the following revisions be made: .. Page 2 of 6 Feb 20,2001 Bavarian Inn a. A sprinkler system and a fire alarm system are required for the entire project as the floor exceeds 5000sq ft. 4. Transportation - Information - No response. 5. Building Department - Requirements - The following requirements were forwarded by the Building Department: a. Check with a building code consultant before final design to make sure all of the building adheres to code. b. Under Colorado Revised Statue 9-5 any unit with a bedroom on the ground floor must have accessibility. One unit of the project must be Type A (full accessibility). c. All common areas are to have full accessibility 6. Parking - Requirement - The following requirement has been forwarded by the Parking Department: a. A parking mitigation plan construction needs to be submitted for construction phase. 7. Engineering Department - Requirement- The following requirements have been provided by the Engineering Department: a. A construction traffic maintenance plan needs to be submitted to the Engineering Department for approval prior to application for building permit. b. All dimensions calculated in technical report's, must be shown on the drawings including drywell. The curb design dose not conforms to the City of Aspen's Construction standards and needs to be reviewed to do so. Information - The following information has been provided by the Engineering Department: a. The submittal of the construction plans to Engineering Department for reviews prior to application for building permit will benefit the developer and will facilitate timely processing of the Building Permits. 8. Streets Department - Requirement- As of the request of the Streets Department revisions need to be made as follows: a. A area for snow storage be assigned so as to avoid melted snow flowing onto the streets 9. Housing Office - Requirements - The following requirements have been provided by the Housing Office: Page 3 of 6 ~ Feb 20,2001 Bavarian Inn a. Parking spaces be assigned to each unit to avoid confusion on where owners should park and to restrict the number of vehicles per household b. Only one third of the units will be given to the developer 10. Community Development - Requirements - The following requirements have been provided by the Community Development Office: a. A full lighting plan be submitted for the area b. Show landscaping in front of car park area on 7th Street 11. Emergency Management Disaster Coordinator - Requirement - The following requirement has been provided by the Pitkin County Disaster Coordinator: 12. City Environmental Health Director - Information- The following information was provides the Environmental Health Director: a. PM-10 Mitigation Plan: There will be a fairly small increase in traffic from this proposal, since this is not an application for a new development, but is a redevelopment project, and the uses are similar in terms of traffic generation. To mitigate the increase in trips that will be caused by the project, the applicant has committed to installation of sidewalks for easier pedestrian access throughout the neighborhood, and to paving of access alleys. These measures will offset the PM-10 increases that would otherwise be generated by the project. b. Fugitive Dust Control Plan: The application includes a fugitive dust plan, which has been approved by this department with the condition that the applicant take particular care in making sure dirt does not get tracked onto Main St., and that more frequent cleaning of paved roads be done if necessary to prevent windblown dust. c. Asbestos Inspection: The applicant has had asbestos inspections done on existing buildings by a certified asbestos inspector. The report concludes, "No materials containing regulated amounts of asbestos were found in any of the buildings belonging to the Bavarian Inn." This satisfies the condition of approval. d. Noise: We again caution the applicant that due to the proximity of residents, it will be especially important to take care to comply with the noise ordinance. Construction should be limited to the hours of 7 am to 7 PM, Monday through Saturday, and we strongly recommend that any required loud noises such as sawing, jackhammering, etc. done only after 9 am. e. Wildlife Protection: This property has had ongoing issues with compliance with the City's solid waste and wildlife protection ordinances. The applicant should consult with Environmental Ranger Brian Flynn to ensure that the trash enclosure will work for the residents and comply with the law. . Page 4 of 6 ~ Feb 20,2001 Bavarian Inn 13. Parks - Requirement- The following requirements have been made by the Parks Department: a. The 5 large spruce trees at the corner of the alley and 8th Street must be fenced prior to construction and approved by the City Forester or his designee. The transformer and utility box located on Parcel 2 appears to be very close to the dripline of the eastern most spruce. Any excavation within the dripline of this tree must be hand dug. In addition, the water service lines for the units that face Main St. also appear to have potential conflicts with existing trees. The water service line for unit N2 also appears to be in the path of the trees to be preserved in lawn area of Parcel 1. b. The landscape plan shows three (3) Cottonwoods for the right-of-way along Main Street. There should be 4 Cottonwood trees for this area and the City Forester must be contacted prior to their planting for exact location and spacing. A gravel pad appears to be located underneath the 12" cottonwood at the south east corner of parcel 2. It is unclear what the need or intention is for this gravel pad. No excavation should occur on that side of the tree due to the excavation that may impact the tree on the other side for the sidewalk construction. A final landscape plan should be submitted with the official tree removal permit with a few more minor adjustments to the plan for proposed plantings. c. The sidewalk along Main Street is currently shown to be offset from the property line by approximately 1-2 feet. The sidewalk should abut the property line to allow for the maximum space for trees and a buffer zone for the new Main Stree#Highway 82 entrance to town. The sidewalk may have to curve slightly around the 12 inch cottonwood proposed to be saved. d. An irrigation design must be approved by the Parks Department prior to installation and should be included as part of a right-of-way permit. Information: The follow information was provided by the Parks department a. Parks staff have met with the project representatives on numerous occasions and we are in agreement with the tree removal plan. If the eight (8") inch pine (adjacent to the log cabin) is unable to be relocated, the tree will require mitigation. The tree must survive a minimum of three years (3) and a bond must be posted for the relocation. A formal tree removal permit will be required prior to submission of a building permit. 14. Utilities: Page 5 of 6 ~ Feb 20,2001 Bavarian Inn - Water: City Water Department - Requirement - As a request of the City of Aspen Water Department, revisions need to be made as follows: a. All uses and construction will comply with the City of Aspen Water System standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as Information The location of hydrants and water lines should consider the relocation of highway 82. - Wastewater: Aspen Consolidated Waste District - Information- The following was provided by the Aspen Consolidated Waste District: a. The developer will have pay in part for the replacement of the sanitary lines that run by the Hickory House - Construction: Work in the Public Right of Way Requirement - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department . 0 Page 6 0 f 6 Feb 20,2001 Bavarian Inn DRC Attendees Staff: Nick Adeh Applicant's Representative: Sunny Vann Richard Goulding Scott Writer Tom Bracewell Denis Murray Joyce Ohlson Ed Van Walraven Cindy Christensen Jerry Lnye Rich Ryan .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE A.DDRESS OF PROPERTY: RajJo Ne {3 -3--M n , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 61 7 \ 1 0 9-2- - ,200 STATE OF COLORADO ) ) SS. County of Pitkin ) <4- (narne, please print) being or represencing an Applicant to the City of Aspen, Colorado, hereby personally certify chae I have complied wi[h che public notice requiremencs of Section 26.304.060 (E) of the Aspec Land Use Code in che following manner C~ Publication of'norice: By the publication in the Legal notice section of an official paper or a paper of general circulation in the City o f Aspen at least fifteen (15) days prior to the public hearing. A copy ofrhe priblication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made ofsuitable, j waterproof inaterials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters tiot less than one inch in height. Said notice was posted at least ten ( 1 0) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted nocice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the inforination described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto, (continued on next page) .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Ticle, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Tide and enactment of a new land use regulacion, or otherwise, che requirement of an accurate survey map or other sufficienc legal descripcion of, and the notice to and listing of names and addresses of owners of rei properry in the area of the proposed change shail be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Jk*u-,42*-0~ 4-- ~,0,8ignature The foregoing hAffidavi[ of Notice" was acknowledged before me this -, day 0 f 3-1 n A-7 , 2001% by -3& Â·-- c--L-) ) -6 1 7,Â¢1.-ti PUBLIC NOTICE RE. BAVARIAN INN AFFORDABLE HOUSING PLAN- NED UNIT DEVELOPMENT AMENDMENT NOTICE ]S HEREBY GIVEN that a public hearing WITNESS MY HAND AND OFFICIAL SEAL will be held on Tuesday, May 21. 2002 at a meet- ing to begin at 4:30 p.m. before the Aspen Plan- ning and Zoning Commission, Council Chambers, City Hall, 130 S. Galena St. Aspen, to consider an My commission expires: 96*~.SL)~ application submitted by Blvarian Affordable Housing LLC. (represented by Vann Associates, LLC) requesting an amendment to their M D ap- . 7'A + th .proval. The approved PUD allowed for the devel- B f opment of 19 for sale units of affordable housing ' on the property by remodeling the existing struc- ture. The amendment would allow for demolition Notary Public and reconstruction of the inn with uses and di- 8}-\ CE.TES : mension staying the same. The subject site is v Â· Parcel 1, that is located at the southwest corner . O of the intersection of Seventh Street and West . 41 4 2 0 Bleeker Street (legality described as Lots D through 1, Block 12, City and Townsit& of Aspen). For further information, contact Joyce Ohlson at .~~ r 4444\ 4 ~ 8.-1 8 63; 33. the Aspen/ Pitkin Community Development De- partment, 130 S. Galena St., Aspen, CO (970) 920- 5062, or by email at joyceo@ci.aspen.co. us. s/Jasmi.:e Tygre, Chair ' Aspen Planning and Zoning Commission Published in The Aspen Times on May 4, 2002. ATTACHMENTS: (8697) COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL SUBDIVISION/PUD AGREEMENT FOR BAVARIAN INN SUBDIVISION/PUD Â£5*64,IHIS SUBDIVISION/PUD AGREEMENT is made and entered into this :BE,Â·'#day of -September 2002, by and between the CITY OF ASPEN, COLORADO, a Colorado municipal corporation ("City"), and BAVARIAN AFFORDABLE HOUSING, LLC, a Delaware limited liability company ("BAH"). RECITALS WHEREAS, BAH has submitted to the City an Application for Final PUD Development Plan Approval (the "Application"), including approval, execution and recordation of a Final Plat (the "Final Plat"), for the following described parcels of real property situated within the municipal boundaries of the City, to wit: Parcel 1: Lots D through I, inclusive, Block 12 City and Townsite of Aspen Parcel 2: Lots K through P, inclusive, Block 12 City and Townsite of Aspen Said property being located in Pitkin County, Colorado, shall hereinafter be collectively referred to as the "Bavarian Inn Subdivision/PUD"; and WHEREAS, the City has fully considered the Final Plat, the proposed development and improvement of the land contained therein, and the effects of the proposed development and improvement of said lands on adjoining or neighboring properties and property owners; and WHEREAS, the City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat, such matters being necessary to protect, promote and enhance the public welfare; and WHEREAS, BAH is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by the City in approving the Final Plat; and WHEREAS, under the authority of Sections 26.84.040(C and D) and 26.88.050 (C and D) of the June 1996 reprint of Title 26, Land Use Regulations of the 1995 Aspen Municipal Code (the "1996 Code"), the City is entitled to certain financial guarantees to ensure that (i) the required public facilities are installed and (ii) the required landscaping is installed and maintained, and BAH is prepared to provide such guarantees as hereinafter set forth. 474355 Page: 1 of 44 11/04/2002 02:43P SILV A DAVIS PITKIN COUNTY CO R 221.00 D 0.00 Bavarian PUD Agreement (September 25,2002) (2).Duu NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, the approval, execution and acceptance of the Final Plat for recordation by the City, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1 ZONING AND REGULATORY APPROVALS 1.1 Resolution and Ordinance of Approval. Conceptual PUD Development Plan approval for the Bavarian Inn Subdivision/PUD was granted by the Aspen City Council in Resolution No. 99-94, approved and adopted on December 6,1999. By Ordinance No. 21, Series of 2001, adopted on July 23, 2001 ("Ordinance No. 21"), the Aspen City Council granted Final PUD Development Plan and Subdivision approval for the Bavarian Inn Subdivision/PUD, consisting of a total of nineteen (19) affordable housing units to be developed on Parcel 1 and Parcel 2 as more particularly set forth hereinafter. All of the affordable housing units approved for the Bavarian Inn Subdivision/PUD will be deed restricted in accordance with the Aspen/Pitkin County Housing Authority ("APCHA") Affordable Housing Guidelines. Ordinance No. 21 also exempts all of the affordable housing units approved for the Bavarian Inn Subdivision/PUD from the City' s growth management quota system and rezones Parcel 2 to R/MF (PUD), Residential/Multi-Family, Planned Unit Development. The exterior boundaries of Parcels 1 and 2, and the building footprints of the structures approved for development in Ordinance No. 21, are depicted on the Final Plat that will be recorded contemporaneously with this Subdivision/PUD Agreement. 1.2 Parking Approval. Pursuant to Resolution No. 12, Series of 2001 approved and adopted on March 20, 2001, the Aspen Planning and Zoning Commission granted special review approval o f the parking requirements for the Bavarian Inn Subdivision/PUD. 1.3 Residential Design Standards. Pursuant to Ordinance No. 21, the City's Residential Design Standards have been met through the PUD process and no additional approval is required. 1.4 Ballot Question. Development of the Bavarian Inn Subdivision/PUD as provided in this Agreement, the Final Plat and related documents, constitutes full, final and complete satisfaction by BAH, of any and all obligations to construct affordable housing on the Bavarian Inn property arising in any way out of the February 1990 Ballot Election held in the City of Aspen, Colorado, regarding the adoption of Ordinance No. 69, Series of 1989. 1.5 Vested Rights. In accordance with the requirements of C.R.S. 24-68-103(b), a properly noticed public hearing concerning the establishment of vested property rights for the Bavarian Inn Subdivision/PUD was conducted on July 23, 2001. As authorized by C.R.S. 24-68- 102(4)(a), City and BAH hereby agree that the Final Plat, the Bavarian Inn Final PUD Development Plan, and all other documents recorded contemporaneously therewith, collectively constitute a site specific development plan as used in Article 68, Title 24, C.R.S., for the Bavarian Inn Subdivision/PUD. In accordance with applicable provisions of Ordinance No. 21, Series of 2001, and C.R.S. 24-68-104(1), the City has granted vested property rights for a period Bavarian PUD Agreement (September 25,2002) (2).DOC 11/04/2002 02:43P 1 ill 1 ilill Illill jill ill i Ill 1/ irilli ill Ilill 1 li 1~ 474355 Page: 2 of 44 S-LV_A DAVIS PI-KIN COUN-Y CO R 221.00 0 0.00 of three (3) years from the date of approval of Ordinance 21, Series of 2001, for the development ofthe Bavarian Inn Subdivision/PUD. ARTICLE 2 DEVELOPMENT APPROVALS AND LIMITATIONS 2.1 Development Approvals. Parcel 1 and Parcel 2 as hereinabove described shall be developed with a total of nineteen (19) condominiumized affordable housing units as follows: lA.1 Development on Parcel 1. Parcel 1 is the site of an existing structure known as the Bavarian Inn. Approval is hereby granted for the remodeling of the Bavarian Inn so that it will contain four studio units, one 1 -bedroom unit, one 2-bedroom unit, and two 3- bedroom units. Remodeling of the Bavarian Inn shall be performed in accordance with all terms and conditions of this Agreement. In addition, one (1) new structure, identified throughout this Agreement and all related documents and maps as "Building N" (for north building and referred to in the Application as the "Bleeker Street Duplex Structure"), may be developed on Parcel 1. Building N shall contain one 2-bedroom unit, and one 3-bedroom unit. Notwithstanding the foregoing, Aspen City Council Ordinance No. 15, Series of 2002 recognizes that BAH may at a subsequent date submit an application to amend the site plan for Parcel 1 (the "Amended Parcel 1 Application") that includes the demolition of the existing Bavarian Inn and construction of a different building or buildings on Parcel 1. If BAH submits the Amended Parcel 1 Application and the Aspen City Council approves the Amended Parcel 1 Application, development of Parcel 1 shall occur in accordance with the approved Amended Parcel 1 Application and BAH shall make corresponding amendments to the Final Plat and this Agreement (the "Plat and PUD Agreement Amendments"). If BALI does not submit the Amended Parcel 1 Application or the Aspen City Council does not approve the Amended Parcel 1 Application, development of Parcel 1 shall be occur in accordance with this Agreement and the Final Plat. 1.1.2 Development on Parcel 2. Approval is hereby granted for the development of two (2) new structures on Parcel 2, one of which is identified throughout this Agreement and all related documents and maps as "Building S" (for south building and referred to in the Application as the "Main Street Multi-Family Structure"), and the other of which is identified as "Building W" (for west building and referred to in the Application as the "Eighth Street Multi-Family Structure"). Building S shall contain one 1 -bedroom unit, two 2-bedroom units and two 3-bedroom units. Building W shall contain four 3-bedroom units. 1.1.3 Construction within Building Footprints. Construction and remodeling of all structures as allowed by this Agreement shall occur within the building footprints, and all building set-backs shall be as depicted, on the Final PUD Development Plan which is to be recorded contemporaneously with the Final Plat and this Agreement. All such construction shall also be substantially consistent with the schematic Floor Plans and Elevations of the remodeled Bavarian Inn and Buildings N, S, and W to be recorded contemporaneously with the Final Plat and this Agreement. 111111 -1~ 474355 Bavarian PUD Agreement (September 25,2002) (2).DOC3 1-11111111111111--1 11. 111111 {1111111-111 1! 11/04/2002 02:43P Â§, Page: 3 of 44 SILLIA DAVIS PITKIN COU. Tv CO R 221.00 D 0.00 1.1.4 Improvements to Existing Bavarian Inn. The existing Bavarian Inn structure shall be upgraded in accordance with the following criteria and specific provisions: (a) The interior walls of all units shall be freshly painted. (b) The interior appliances must be purchased within the last five years and be in good working condition. (c) Carpet must be less than five years old and be in good condition and repair, or be replaced. (d) The exterior building walls shall be freshly painted within one year of dedication. An alternative to painting shall be the application of a new stucco skin coat to the exterior, subject to approval by APCHA (e) A general level of upgrade to yards and landscaping shall be provided. (f) Windows, heating, plumbing, electrical systems, fixtures, and equipment shall be in good and working order. (g) The roof must have a remaining useful life of at least ten (10) years and any necessary repair or replacement shall occur to ensure the ten (10) year life span. (h) All units shall meet Uniform Building Code minimum standards, any applicable housing code or, in the absence of an adequate code, the housing code acceptable to the APCHA. (i) All units shall be approved by the APCHA and verified by a qualified Building Inspector accepted and approved by the APCHA. 0) BAH shall bear the costs and expenses of any required upgrades to meet the above standards as well as any structural/engineering reports required by the APCHA to assess the suitability for occupancy and compliance with the APCHA standards ofthe proposed units. (k) Any broken window glass shall be replaced. Window sills or frames in disrepair shall be repaired or replaced. (1) Any fascia, soffit and exterior woodwork shall be repaired, replaced and repainted as necessary. (m) Rain gutters shall be repaired or replaced as necessary. (n) The property grounds shall be cleaned of debris materials, be upgraded to a grassy condition, and be landscaped in accordance with the Landscape Plan to be recorded contemporaneously with the Final Plat and this Agreement. lA.5 Affordable Housing. All units approved hereby shall be sold to qualified buyers and deed restricted in accordance with applicable APCHA Guidelines in effect at the time of issuance of the building permit. When legal descriptions for the units are known and available (expected to be after substantial completion of construction), a deed restriction in a form reasonably acceptable to APCHA shall be placed on the entire Bavarian Inn Subdivision/PUD. Table 1, attached hereto as Exhibit "A", sets forth the net liveable area and number of bedrooms of each unit, the APCHA category to which each such unit will be deed restricted, and the number of employees housed thereby. As reflected in Table l, BAH is hereby granted a total housing credit of 44.5 employees. Furthermore, BAH shall be entitled to apply thirteen of the aforesaid 44.5 employee credits against employee housing needs generated by the development on Lot 5, of the Aspen Mountain 474355 Bavarian PUD Agreement (September 25,2002) (2).DOCA II I Mi - aik IiIiziI iizu I Iii Page: 4 of 44 11/04/2002 02:43P SILLIA [AVIS FITKIN CC..Ur CO R 221.00 D 0.00 Subdivision/PUD. Prior to a certificate of occupancy, APCHA shall have the right to inspect the units for compliance. 2.1.6 Condominiumization ofUnits. All units approved hereby shall be sold by BAH in accordance with applicable APCHA Guidelines, and BAH shall be entitled to retain all sales proceeds derived therefrom to offset construction costs. BAH shall submit an appropriate application to condominiumize all buildings within the Bavarian Inn Subdivision/PUD upon substantial completion of construction of each structure. Condominiumization of each structure shall be completed prior to closing of the sale of any individual unit within that structure. The Condominium Declaration shall include a provision prohibiting dogs, which provision may be amended only upon the affirmative vote of 100% of the owners of the units. 2.1.7 Right of First Sale, Pursuant to the provisions of paragraph 2.1.5 hereof, BALI is credited with housing thirteen (13) employees generated by the project to be developed on Lot 5 of the Aspen Mountain Subdivision/PUD. BAH shall have the right, prior to listing any units for sale, to designate (i) those units within the Bavarian Inn Subdivision/PUD that will house said thirteen (13) employees (the "Designated Units") and (ii) the initial purchasers of the Designated Units provided that such initial purchasers are "qualified employees" under applicable APCHA Guidelines. Any sale of any of the Designated Units after the initial sale shall be listed with APCHA and sold in accordance with applicable APCHA Guidelines. 2.2 Parking. Pursuant to special review approval by the Aspen Planning and Zoning Commission, as reflected in Resolution No. 12, Series of 2001, the Bavarian Inn Subdivision/PUD shall include a total of thirty-one (31) off-street parking spaces, seventeen (17) on Parcel 1 and fourteen (14) on Parcel 2. The aforesaid off-street parking spaces shall be located as shown on the Bavarian Inn Final PUD Development Plan. BAH shall place signage in accordance with the Signage Plan attached hereto as Exhibit "B" to encourage vehicular access to the aforesaid parking spaces only from Bleeker Street and the west end o f the public alley between Parcels 1 and 2, except for those parking spaces to be located east of the Bavarian Inn structure which may be accessed directly from Seventh Street. The allocation of the off-street parking spaces as limited common elements for particular units within the Bavarian Inn Subdivision/PUD shall be made by BAH in connection with the condominiumization of the units as required by Section 2.1.6 hereof. 2.3 Common Access Driveway, Alley Improvements, and Sidewalk Curb and Gutter Improvements. 2.3.1 Common Access Driveway. BAH has dedicated on the Final Plat for the benefit of the owners of all property within the Bavarian Inn Subdivision/PUD, their guests and invitees, a perpetual, non-exclusive easement for all ingress and egress purposes, upon the "Common Access Driveway" depicted on the Final PUD Development Plan. BAH shall construct the Common Access Driveway as a subdivision improvement in accordance with Article 3 of this Agreement. After completion of construction, all costs associated with the maintenance and repair, including Bavarian PUD Agreement (September 25,2002) (2).DOC5 ~~~ ~~~~~ ~~~ ~~ ~~ ~~~~ ~~~~ ~~ ~~~ ~~~ ~~ Page 5 of 44 lili illl 474355 11/04/2002 02:43P SILVIA DAVIS PI,KIN COUNTY CO R 221.00 0 0.00 snowplowing, of the Common Access Driveway shall be paid by owners of property within the Bavarian Inn Subdivision/PUD as a common expense. 2.3.1 Alley Improvements. The existing public alley between Parcels 1 and 2 shall remain a public alley to provide access to the Bavarian Inn Subdivision/PUD. The BAH shall place signs at the west end of the alley to minimize general public use of the alley in accordance with the Signage Plan attached hereto as Exhibit "B". Additional signage shall be located at the east end of the alley to restrict usage thereof to right turn in and right turn out only. This requirement may be modified by insubstantial PUD amendment after Highway 82 realignment and further review by City staff. BAH shall install the aforesaid signage and improve the public alley between Parcels 1 and 2 as subdivision improvements in accordance with Article 3 of this Agreement. 1.3.3 Sidewalk, Curb and Gutter. BAH shall install sidewalk, curb and gutter improvements along the Bleeker and Eighth Street frontages of the Bavarian Inn Subdivision/PUD. Such improvements shall be installed as subdivision improvements in accordance with Article 3 of this Agreement and as shown on the Final PUD Development Plan to be recorded contemporaneously with the Final Plat and this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the design and installation of sidewalk, curb and gutter improvements along the Main Street frontage of the Bavarian Inn Subdivision/PUD (the "Main Street Improvements") shall be completed by the City at such time as the design of the Highway 82/Main Street realignment along the Bavarian Inn Subdivision/PUD is completed. The current estimated cost of the design and installation of the Main Street Improvements is set forth in the schedule prepared by Schmueser Gordon Meyer, Inc. attached hereto as Exhibit "C" and made a part hereof by this reference, and as approved by the City Engineer, is $21,600.00. Upon recording of this Agreement, BAH shall pay the City the amount of $21,600.00, which represents payment in full for, and satisfies all of BAH's obligations pertaining to, the design and installation of the Main Street Improvements. 2.4 Utilities. BAH shall install the following utilities as shown on the Schematic Utility Plan to be recorded contemporaneously with the Final Plat and this Agreement. Said utility facilities shall be installed as subdivision improvements in accordance with Article 3 of this Agreement. 2.4.1 Water. Water service shall be provided to all structures within the Bavarian PUD through individual service lines and taps to the existing water mains located in the adjacent public streets or alley. Each unit shall have its own water meter and emergency shutoff. The existing tap(s) to the existing Bavarian Inn structure shall be abandoned and a single new tap and service line installed in connection with the remodeling of the Bavarian Inn. All uses and construction shall comply with the City o f Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. lili lill ili 111 Ill Ill'llilii- 1 474355 Page 6 of 44 11/04/2002 02:43P SILVIA Dâ€žLIS FITKIN CC.....r-, CO R 221.00 D 0.00 Bavarian PUD Agreement (September 25,2002) (2).DOC6 2.4.2 Sewer. Sanitary sewer service shall be provided to all structures within the Bavarian Inn Subdivision/PUD through individual service lines and taps to the existing sewer main located in the alley between Parcels 1 and 2. Only one sewer tap per building shall be installed, with shared service agreements for all individual units within a building. The existing sewer tap for the Bavarian Inn shall be replaced in connection with the remodeling of the Bavarian Inn. 1.4.3 Shallow Utilities. The existing electric trans former located adjacent to the alley on Parcel 2 shall be relocated and upgraded, in the event required, to provide service to the Bavarian Inn Subdivision/PUD. Gas, telephone and cable T.V. service will be available from existing lines within the alley. 1.4.4 Pedestals and Easements. Existing utility pedestals which are located within the public alley shall be relocated onto Parcels 1 and 2, and all new pedestals and transformers shall be installed within the boundaries of Parcels 1 and 2. All utility meter locations must be accessible for reading and may not be obstructed. Easements for all public utilities are depicted and dedicated on the Final Plat. Revisions to such utility locations and easements shall be shown and approved as an insubstantial amendment to the Final Plat prior to issuance of a certificate of occupancy for any structure affected thereby. 2.5 Drainage. BAH shall install all drainage improvements as shown on the Grading and Drainage Plan to be recorded contemporaneously with the Final Plat and this Agreement. Drainage improvements shall be installed as a subdivision improvement in accordance with Article 3 of this Agreement. 2.6 Landscaping. Except as provided below with respect to the Main Street Landscaping, BAH shall install all landscaping depicted on, and to otherwise implement, the approved Landscape Plan that is to be recorded contemporaneously with the Final Plat and this Agreement. BAH shall protect during construction existing trees that are to be retained as provided in the Site Clearing Specification attached hereto as Exhibit "D". Furthermore, BAH shall assure that no trees are removed from the subject property during any construction activities except for those approved for removal in accordance with the official tree removal permit approved by the City Forester, which tree removal permit shall be obtained prior to issuance of building permit. BAH shall ensure the success of alllandscaping installed pursuant to the Landscape Plan (other than the Main Street Landscaping) for a period of two (2) years from the date of installation. BAH shall replace any landscaping (other than the Main Street Landscaping) that fails during such two (2) year period except where damage or destruction of such landscaping is caused by residents of the units. After installation and initial grow-in, the Bavarian Inn Subdivision/PUD condominium owners' association shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping on a day-to-day basis. Any irrigation design proposed for installation in the public right of way must be approved by the Parks Department prior to installation and should be included as part of the right of way permit. No excavation or storage of dirt or material shall occur within tree driplines or outside of approved building or access envelopes. Notwithstanding anything contained in this Agreement to the contrary, the installation of landscaping along the Main Street frontage o f the Bavarian Inn 474355 Bavarian PUD Agreement (September 25,2002) (2).DOC7 11/04/2002 02:43 111111111111111111 111111111111111Ililli lillilli Ill'lili Page: 7 of 44 SILVIA DAVIS PITKIN COUNT'r CO R 221.00 D 0.00 Subdivision/PUD (the "Main Street Landscaping") shall be completed by the City at such time as the design of the Highway 82/Main Street realignment along the Bavarian Inn Subdivision/PUD is completed. The current estimated cost of the design and installation of the Main Street Landscaping is set forth in the schedule prepared by Wind River Trees attached hereto as Exhibit "G" and made a part hereof by this reference, and as approved by the City Engineer, is approximately $31,424.00. Upon recording of this Agreement, BAH shall pay the City the amount of $31,424.00, which represents the cost of the Main Street Landscaping and is payment in full for, and satisfies all of BAH's obligations pertaining to, the installation of the Main Street Landscaping. 2.7 Air Quality. During all construction activities within the Bavarian Inn Subdivision/PUD, BAH shall comply with the Construction Management Plan and Fugitive Dust Control Specification attached hereto as Exhibit "E". All development within the Bavarian Inn Subdivision/PUD shall comply with the Environmental Health Department's woodburning stove/fireplace regulations in effect at the time of issuance of the applicable building permit. 2.8 Improvement Districts. On behalf of all present and future owners of Parcel 1 and 2, and any condominium unit created thereon, BAH hereby agrees to join any future improvement districts that may be formed for the purpose of constructing improvements that benefit the subject property under an assessment formula. 2.9 School Land Dedication Fees. Prior to the issuance o f a building permit for any of Buildings N, S or W, BAH shall pay to the City a cash payment in lieu of school land dedication, for the number of dwelling units contained within such Building, calculated in accordance with the regulations in effect at the time of application for the subject building permit. Remodeling of the existing Bavarian Inn structure shall be exempt from payment of any school land dedication fee. 2.10 Park Dedication Fees. The Bavarian Inn Subdivision/PUD is a one hundred percent (100%) affordable housing project. As such, BAH has requested, and the City agrees, that all requirements for park dedication fees related to the Bavarian Inn Subdivision/PUD are hereby waived. 2.11 Work in Public Rights-of-Way. BAH shall first receive the approval of the appropriate City Department prior to commencement of any work within a public right-of-way. This requirement includes, without limitation, approval from the affected City Department and/or utility/service district prior to any work within the public alley between Parcels 1 and 2. 2.12 Damage to Public Rights-of-Way. BAH shall repair any public right-of-way damaged during construction on any Parcel within the Bavarian Inn Subdivision/PUD prior to issuance of a certificate of occupancy for any structure on said Parcel. 2.13 Construction Hours. Construction activity within the Bavarian Inn Subdivision/PUD shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday. No construction activity shall be permitted on Sunday. Further, any construction activity that exceeds the City' s noise ordinance may result in a stop work order. lili Ill - 1- - - il 1 i--111Ill.Illill'll' 1 ~~- 474355 Bavarian PUD Agreement (September 25,2002) (2).DOC 11/04/2002 02:43P Page: 8 of 44 SILK IA DAVIS PITKIN DOD TY co R 221.00 D 0.00 2.14 Exterior Lighting. All exterior lighting within the Bavarian Inn Subdivision/PUD shall comply with the Site and Exterior Lighting Plan to be recorded contemporaneously with the Final Plat and this Agreement. 2.15 Cabin Relocation. BAH shall relocate the two smaller cabins heretofore located upon Parcel 1 in accordance with the Cabin Relocation Plan attached hereto as Exhibit "F". 2.16 Fire Protection. All construction within the Bavarian Inn Subdivision/PUD shall meet all applicable requirements of the Aspen Fire Protection District, including, but not necessarily limited to, the installation of approved fire sprinkler and alarm systems, and the maintenance of all fire department apparatus emergency access routes. 2.17 Development Schedule. Development ofthe Bavarian Inn Subdivision/PUD shall occur in accordance with the time frames established in Section M of that certain First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision dated October, 1988 and recorded in the real estate records of Pitkin County, Colorado on October 3, 1988 in Book 574 at Page 792, as amended ("Section M"). Aspen City Council Ordinance No. 15, Series of 2002 (the most recent amendment to Section M) provides that development of the Bavarian Inn Subdivision/PUD shall occur in two phases, with the development of Parcel 2 as "Phase I" and the development of Parcel 1 as "Phase II", as follows: (a) BAH shall apply for building permits for Phase I within ninety (90) days after recordation of this Agreement and the Final Plat. If BAH submits the Amended Parcel 1 Application (described in Section 2.1.1 above) and the Aspen City Council approves the Amended Parcel 1 Application, BAH shall apply for building permits for Phase II within ninety (90) days after recordation of the Plat and PUD Agreement Amendments (described in Section 2.1.1. above). If BAH submits the Amended Parcel 1 Application and the Aspen City Council does not approve the Amended Parcel 1 Application, BAH shall apply for building permits for Phase II within ninety (90) days after the Aspen City Council denies the Amended Parcel 1 Application. (b) BAH shall commence construction of each Phase within thirty (30) days after receipt of the building permits for such Phase; provided, however, that if the final plats and Subdivision/PUD Agreements for Lot 3 and Lot 5, Aspen Mountain Subdivision/PUD have not been recorded by the end of said thirty (30) day period, BAH shall have until thirty (30) days after the recordation of the final plats and Subdivision/PUD Agreements for Lot 3 and Lot 5, Aspen Mountain Subdivision/PUD to commence construction at the Bavarian Inn Subdivision/PUD. In addition to and without limiting the foregoing, if a building permit is issued during the period from December 1 to March 31, BAH shall not be required to commence construction until the following May 1. (c) BAH shall be required to complete construction of each Phase within eighteen (18) months ofthe date construction commences for such Phase. Construction shall be Bavarian PUD Agreement (September25,2002) (2).DOG 1 '11 111'll lili -- *lilli 'Il' I 11/04/200: 02:43P ~ 1 474355 SILL IA [..VIS PITKIN CC_ .TY CO R 211.00 D 0.00 deemed complete upon issuance of a certificate of occupancy or satisfaction of the City of Aspen's Chief Building Official To the extent of any conflict between the terms of this Agreement and the provisions of Aspen City Council Ordinance No. 15, Series of 2002, this Agreement shall govern and control. ARTICLE 3 SUBDIVISION IMPROVEMENTS 3.1 Subdivision Improvements. Prior to the issuance of a certificate of occupancy for any remodeled or newly constructed unit in the Bavarian Inn Subdivision/PUD, BAH shall complete the following subdivision improvements, all as depicted on the Bavarian Inn Final PUD Development Plan, attached to and recorded as a part o f the Final Plat. 3.1.1 Construction of approximately 325 linear feet of sidewalk in the public right-of-way other than along the Main Street Frontage. As provided in section 2.3.3 of this Agreement, approximately 185 linear feet of sidewalk along the Main Street frontage shall be constructed by the City after the design o f the entrance to Aspen is completed by the City of Aspen and the Colorado Department o f Transportation. 3.1.2 Installation of one handicap sidewalk ramp. As provided in section 2.3.3 of this Agreement, the City will construct a second handicap sidewalk ramp off Main Street. 3.1.3 Installation and/or relocation of 2 street lights in the public right-of-way other than along Main Street. As provided in section 2.3.3 of this Agreement, installation and/or relocation of 2 street lights in the Main Street right-of-way will be completed by the City. 3.1.4 Construction of approximately 305 linear feet of new curb and gutter along the street frontages other than the Main Street frontage. As provided in section 2.3.3 of this Agreement, approximately 195 linear feet of new curb and gutter along Main Street shall be constructed by the City. 3.1.5 Right-of-way landscaping and restoration (other than along the Main Street frontage, which will be performed by the City as provided in section 2.3.3 of this Agreement). 3.1.6 Paving of the entire Block 12 alley through the parcels. 3.2 Cost of Improvements. The current estimated cost of the subdivision improvements described in Paragraph 3.1 above, as more specifically set forth in the schedule prepared by Schmueser Gordon Meyer, Inc. attached hereto as Exhibit "C" and made a part hereof by this reference, and as approved by the City Engineer, is approximately $64,700.00, which includes $21,600.00 for the cost of the Main Street Improvements. BAH shall complete construction of the aforesaid subdivision improvements, other than the Main Street 1 Illl 474355 \\U\\\,U\\\W\~\\\u ~4m\\11\u\%na\\~ \~ ~ Page le of 44 MI lilli illi Hilll lk.i ma ~ ~~ 1'/04/2002 02:43P SILVIA DAVIS PITK IN COLIte co R 221.00 D 0.00 Bavarian PUD Agreement (September 25, 2002) (2).DOC10 Improvements, in accordance with a Construction Schedule to be submitted to the City Engineering Department simultaneously with submission of the financial guarantee described in Section 3.4 hereof. 3.3 Landscape Plan and Related Cost. The current estimated cost of implementing the Landscape Plan for the Bavarian Inn Subdivision/PUD and for assuring the success of said landscaping for a period of two (2) years after installation, as more specifically set forth in the schedule prepared by Wind River Trees, attached hereto as Exhibit "G" and made a part hereof by this reference, and as approved by the City Engineer, is $111,416.00, which includes approximately $31,424.00 for the cost of the Main Street Landscaping and $79,992 for the cost of the non-Main Street Landscaping. One hundred twenty-five percent (125%) of the total cost for the non-Main Street Landscaping amounts to $99,990.00. BAH shall complete the landscaping of the Bavarian Inn Subdivision/PUD, other than the Main Street Landscaping, in accordance with the Landscape Plan to be recorded contemporaneously with the Final Plat and this Agreement. BAH shall have the right to plant additional native vegetation within the Bavarian Inn Subdivision/PUD, as it may consider appropriate from time to time, without further approvals being required. 3.4 Financial Assurances. In order to ensure construction and installation o f the subdivision and landscaping improvements described in Section 3.2 and 3.3 above, and to guarantee 100% o f the current estimated cost of the subdivision improvements (other than the Main Street Improvements) and 125% of the current estimated cost of the landscaping improvements (other than the Main Street Landscaping), including 2 years of maintenance thereof, BAH shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of $143,090.00 (i.e., $43,100.00 for 100% of the cost of the non-Main Street Improvements plus $99,990.00 for 125% ofthe cost ofthe non-Main Street Landscaping). In addition, upon recording o f this Agreement, BAH shall pay the City the sum of $53,024.00 as payment in full for the Main Street Improvements and Main Street Landscaping (i.e., $21,600.00 for 100% of the cost of the Main Street Improvements plus $31,424.00 for 100% of the cost of the Main Street Landscaping). Said letter of credit shall be provided to the City prior to the issuance of a building permit for the construction or remodeling of the first residential structure in the Bavarian Inn Subdivision/PUD, shall be in a form reasonably acceptable to the City Attorney and the City Manager, and give the City the unconditional right, upon default by BAH to draw on funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit 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 letter of credit is released to BAH. Provided, however, that BAH shall be given fourteen (14) days written notice of default (and the right to cure during said period) prior to the City' s ability to make a draw under the letter of credit. Notwithstanding the preceding delays or other problems resulting from acts of God or other events beyond the reasonable control of BAH shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize a reduction in the Bavarian PUD Agreement (September 25, 2002) (2).DOC] 1 111-lili 1111 11 -lili[ 11- 1-11 11111111111 Page: 11 of 44 lili 9- 474355 11/04/2002 02:43P SILLIA DAVIS PITKIN CO- Tr Cl R 221.00 D 0.00 outstanding amount of the letter of credit to the agreed estimated cost for that portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, an additional twenty-five percent (25%) of the estimated cost thereof shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. It is the express understanding of the parties that the procedure set forth in Section 3.7 below pertaining to the procedure for default and amendment of this Agreement shall not be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by BALI as set forth above. 3.5 Non-compliance And Request For Amendments or Extensions by BAH. In the event that the City Council determines that BAH is not acting in substantial compliance with the terms of this Agreement, the City Council shall notify BAH in writing specifying the alleged non-compliance and asking that BAH remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than 30 days. If the City Council determines that BAH has not complied within such time, the City Council may issue and serve upon BALI a written order specifying the alleged non-compliance and requiring BAH to remedy the same within thirty (30) days thereafter. Within twenty (20) days of the receipt of such order, BAH 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. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the order of non-compliance and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such noncompliance has been remedied, the withholding of permits and/or certificates of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City Council may also grant such variances, extensions of time or amendments to this Agreement, as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if BAH demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of BAH, despite good faith efforts on its part to perform in a timely manner. i ..immi ti. 1 i 474355 ~~IE~U~Ul~1~Ilt~11~11\~Uj~~ 11/04/2002 02 43P Pege: 12 of 44 SILVIA DAVIS PITKIN COUNTY CO R 221.00 D 0.00 Bavarian PUD Agreement (September 25,2002) (2).DOG 2 ARTICLE 4 GENERAL PROVISIONS 4.1 The provisions hereof shall be binding upon and inure to the benefit of BALI and City and its respective successors and assigns. 4.2 This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 4.3 If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application o f any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4.4 This Agreement and the Exhibits attached hereto contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder, and except as otherwise specifically provided herein, may be altered or amended from time to time only by written instruments executed by all parties hereto that are affected by the proposed amendment. 4.5 Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative o f the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 4.6 Upon execution of this Agreement by all parties hereto, City agrees to approve and execute the Final Plat for Bavarian Inn Subdivision/PUD, and cause the same to be promptly recorded in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by BAH. 4.7 Notices to be given to the parties to this Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 Bavarian Affordable Housing, LLC c/o Scott Writer 1000 South Mill Street 1 474355 Aspen, CO 81611 I .#Ium Im irill Iii illiil milli Iii lim Ili illi Page: 13 of 44 11/04/2002 02:43P SILVIA DAVIS PITKIN COUNTY CO R 221.00 D 0.00 Bavarian PUD Agreement (September 25,2002) (2).DO(13 With copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, CO 81611 4.8 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described herein and any and all owners hereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees and assigns. [Signatures on Next Page] 1/ 11 11'l l.1-illill 1 - - _ l-Iliii Imill f 474355 Page: 14 of 44 11/04/2002 02Â·43P SILVIA DAFIS FITKIN COUN- CO R 221.00 D 0.00 Bavarian PUD Agreement (September 25,2002) (2).DO(14 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as o f the day and year first above written. CITY: CITY OF ASPEN, COLORADO, a Colorado municipal corporation F-Mayor ATTEST: tuÂ«>40/ Kathryn S. K~}t, CijÂ¥Clerk APPROVED AS TO FORM: /7322 /nflita JohnTWMcester, City Attorney BAVARIAN AFFORDABLE HOUSING, LLC a Delaware limited liability company By: Grand Aspen Ublflipgs, IAC, a Delaware limited lia~it~y~p~40te-member Print Name: Sam Houston Title: Director [Acknowledgments on Next Pagel //11/// 11///#1/11#11//li#//1 Mli m #/11 /#/11 Page: 15 of 44 474355 SILVIA DAVIS DTTKIN COUNT' CO R 221.00 D 0 00 11/04/2002 02-43P 73676 7 15 STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The above and foregoing document was acknowledged before me this 56*2 day of EXLME#bFER- , 2002, by 14â‚¬Lekl WLÂ·Ari-4 4 K.-2-*ADeâ‚¬d D as Mayor and Kathryn S. Koch as City Clerk o f the City o f Aspen, Colorado, a Colorado municipal corporation. :-15=Tr'.- Witness my hand and officia}/R: 70 \ dod*e/ ctf~//dgl ~~~blic ' My commission expires: 41/970.3 STATE OF Co bAQ J.c j COUNTY OF 979-Â»~ } ss The above and foregoing document was acknowledged before me this l 3TH day of 05*fTEASE ~ , 2002, by Sam Houston as Director of Grand Aspen Holdings, LLC, a Delaware limited liability company, the sole member o f Bavarian Affordable Housing, LLC, a Delaware limited liability company. Witness my hand and official Notary Public ...: 01Rls"NA 3 1 My commission expires: MYCOMMISSION EXPIRES 11/09/2002 Mwimi,Imimmimimm,M,Mm Page: 16 of 44 11/04/2002 02:43P SILVIA DAVIS PITKIN COUNTY CO R 221.00 D 0.00 73676 7 16 EXHIBIT A Table 1 DEVELOPMENT PROGRAM Bavarian Inn Subdivision/PUD 1. Unit Configurations Parcel 1 Remodeled Bavarian Inn 3 - Studios @ 430 Sq. Ft./UniV 1 - Studio @ 530 Sq. Ft. 1 - 1 Bedroom Flat @ 570 Sq. Ft. 1 - 2 Bedroom Flat @ 980 Sq. Ft. 1 - 3 Bedroom Flat @ 1,170 Sq. Ft. 1 - 3 Bedroom Flat @ 1,160 Sq. Ft. Building N - Bleeker Street Duplex Structure Unit Nl - 3 Bedroom Townhouse Unit @ 1,312 Sq. Ft. Unit N2 - 2 Bedroom Townhouse Unit @ 870 Sq. Ft. Parcel 2 Building W - Eighth Street Multi-Family Structure Unit Wl - 3 Bedroom Townhouse Unit @ 1,460 Sq. Ft. Unit W2 - 3 Bedroom Townhouse Unit @ 1,330 Sq. Ft. Unit W3 - 3 Bedroom Townhouse Unit @ 1,490 Sq. Ft. Unit W4 - 3 Bedroom Townhouse Unit @ 1,510 Sq. Ft. Building S - Main Street Multi-Family Structure Unit Sl - 3 Bedroom Townhouse Unit @ 1,324 Sq. Ft. Unit S2 - 2 Bedroom Townhouse Unit @ 1,040 Sq. Ft. Unit S3 - 1 Bedroom Flat @ 600 Sq. Ft. =0==52 /11///1#1/11 WN#IJ//11/ ## 11#/Ill/11 #/11 #/11// 00'0 0 00 IZZ 21 03 AlNEOD NI>11Id SIAUCI WIAnIS Unit S4 - 2 Bedroom Townhouse Unit @ 1,040 Sq. Ft. Unit S5 - 3 Bedroom Townhouse Unit @ 1,324 Sq. Ft. 2. Income Categories Parcel 1 Remodeled Bavarian Inn 3 - Studios Category 2 1 -Studi02 Category 3 1 - 1 Bedroom Flat Category 1 1 - 2 Bedroom Flat Category 3 2 - 3 Bedroom Flats2 Category 3 Building N - Bleeker Street Duplex Structure Unit Nl - 3 Bedroom Townhouse Unit Category 4 Unit N2 - 2 Bedroom Townhouse Unit Category 2 Parcel 2 Building W - Eighth Street Multi-Family Structure Units Wl - 3 Bedroom Townhouse Unit Category 4 Units W2 - 3 Bedroom Townhouse Unit Category 4 Units W3 - 3 Bedroom Townhouse Unit Category 4 Units W4 - 3 Bedroom Townhouse Unit Category 4 Building S - Main Street Multi-Family Structure Unit Sl - 3 Bedroom Townhouse Unit Category 4 Unit S2 - 2 Bedroom Townhouse Unit Category 3 Unit S3 - 1 Bedroom Flat Category 2 Unit S4 - 2 Bedroom Townhouse Unit Category 3 Unit S5 - 3 Bedroom Townhouse Unit Category 4 3. Total Employees Housed3 44.5 Parcel 1 20.25 Remodeled Bavarian Inn 14.25 4 - Studios @ 1.25 Employees/Unit 5.0 474355 1 ill'111111111111111 lili ill'11111111 ill lilli 111111 Page: 18 of 44 11/04/2002 02:43P SILVIA DAVIS PITKIN COUNTY CO R 221.00 D 0.00 1 - 1 Bedroom Flat @ 1.75 Employees/ 1.75 Unit 1 - 2 Bedroom Flat @ 2.25 Employees/ 2.25 Unit 2 - 3 Bedroom Flats @ 3.0 Employees/ 6.0 Unit Building N - Bleeker Street Duplex Structure 5.25 1 - 2 Bedroom Townhouse Unit @ 2.25 2.25 Employees/Unit 1 - 3 Bedroom Townhouse Unit @ 3.0 3.0 Employees/Unit Parcel 2 24.25 Building W - Eighth Street Multi-Family Structure 12.0 4 - 3 Bedroom Townhouse Units @ 3.0 12.0 Employees/Unit Building S - Main Street Multi-Family Structure 12.25 1 - 1 Bedroom Flat @ 1.75 1.75 Employees/Unit 2 - 2 Bedroom Townhouse Units @ 2.25 4.5 Employees/Unit 2 - 3 Bedroom Townhouse Units @ 3.0 6.0 Employees/Unit 1 All square footages are net livable calculated based on schematic level architecture. Final square footages will be determined in connection with building permit submis- sion and prior to deed restriction of the units. All square footages, however, will meet or exceed applicable net livable requirements. 2 The large studio unit and the two three bedroom units located in the remodeled Bavarian Inn will be deed restricted pursuant to APCHA's so-called "lower priced" Category 3 guidelines (i.e., an income and sales price point midway between Catego- ry 2 and Category 3 guidelines). ~ Based on the Aspen/Pitkin County Housing Authority' s 2001 Affordable Housing Guidelines. 111-11 lillilill-11 1 -111 x !1 IN lili 474355 Page' 19 of 44 11/04/2002 02 43P SIL\,IA [AVIS PITKIN 30-NTV CO R 221.00 D 0.00 EXHIBIT B Bleeker Street .. . A-ft ffÂ» Alley Mai n Street 1 l illi il 111'11 -1 illilli lilll'111111 - 474355 Page, 20 of 44 Â® 11/04/2002 02:43P SILVIA DAVIS Fi-KIN COUN-Y CO R 22. 00 D 0.00 .. Bavarian Inn Affordable Housing Site Plan 0Â» = Direction Facing TDA I INC. Job#1993 11/29/00 NOT TO SCALE FIGURE 1 8th Street Driveway 188319 4 12 BAVARIAN INN PROJECT PRELIMINARY SIGNING CONCEPT (REFER TO SITE PLAN) (THESE ARE NOT TO SCALE) -,L:, 1!#lo~~ ~~Sign A: white on green or green on white 1 11 LOCAL ACCESS Sign B: Black on white ONLY Sign C: standard RIGHT TURN ONLY Sign D: Black on White 1 Pavement Marking E: White on asphalt SERVICE AND EMERGENCY Sign F: Black on white VEHICLE ACCESS 474355 \\Ul\\Ul\\U\Ill\\\UEIi\11~\\Ill liu'lilli - Paae: 21 of 44 ONLY DO NOT ENTER 11/04/2002 02: SILVIA DAVIS PI-KIN COUNTY CO R 221.00 D 0.00 TDA hic. 28-Non-00 Printt'd: 1/9/02 14:36 F: \/obs ami Proposals \ 1993A speuMmt*Rava,Â·wn \ Ill.29.00WTBsigns.xls/5/GNS ~VARIAN:1NI EXHIBIT C SCHMUESER ~ GORDON ~ MEYER GLENWOOD SPRINGS ASPEN 1 1 8 W. 6TH, SUITE 200 P.O. BOX 2155 ENGINEERS & SURVEYORS GLENWOOD SPRINGS, CO 81601 ASPEN, CO 81612 970-945- 1004 970-925-6727 FX: 970-945-5948 FX: 970-925-4157 BAVARIAN INN SUBDIVISION / PUD ESTIMATED COST FOR PUBLIC IMPROVEMENTS Common public improvements to serve the overall Bavarian Inn Subdivision / PUD affordable housing project site are shown on a drawing recorded with the Final Plat titled FINAL PUD DEVELOPMENT PLAN and include the following: 1. Construction of a total of approximately 510 linear feet of sidewalk in the public right-of- way including 185 linear feet along the Main Street frontage. Main Street Frontage: $ 3,700.00 Other Frontages: $ 6,500.00 Sidewalk Subtotal: $10,200.00 2. Installation of two handicap sidewalk ramps. Main Street Frontage 1 ea. @ $ 500.00 Other Frontages, 1 ea. $ 500.00 Ramp Subtotal: $1,000.00 3. Installation and/or relocation of up to 4 street lights in the public right-of-way. Main Street Frontage, 2 ea. @ $ 5,500.00 $11,000.00 Other Frontages, 2 ea. $11,000.00 Street Lights Subtotal $22,000.00 4. Construction of approximately 500 linear feet of new curb and gutter along the street frontages. Main Street Frontage, 195 Linear Feet @ $ 20 / I.f. $ 3,900.00 Other Frontages. 3051.f. $ 6.100.00 Sidewalk Subtotal: $10,000.00 5. Right-of-way landscaping and restoration. Main Street Frontage, Lump Sum @ $ 2,500.00 Other Frontages, Lump Sum @ $ 4,000.00 Landscaping / Restoration Subtotal: $ 6,500.00 lillillili lilli 11111111111 11/04/2002 02:43P 474355 Page 22 of 44 SILVIA DAE:S FIrKIN CO-NTY CO R 221.00 D 0.00 - --r---f 6 January 14, 2002 Bavarian Inn Subdivision / PUD Estimated Cost of Public Improvements Page 2 6. Paving of the entire Block 12 alley through the parcels. Demolition / Prep., Lump Sum @ $ 5,000.00 HBP, 300 It x 20 ft $10.000.00 Alley Paving Subtotal: $15,000.00 Grand Total, All Public Improvements: $ 64,700.00 Total, Main Street Frontage Only: $ 21,600.00 JH/jh 98094S1A3 *#M/fljf/g~fiium/i# 11, 474355 UNTY CO R 221.00 D 0.00 Page: 23 of 44 '04/2002 02:43P EXHIBIT D SECTION 01532 TREE PROTECTION PART 1 - GENERAL 1.1 DESCRIPTION: Provide protection of existing trees scheduled to remain. 1.2 SITE CONDITIONS: A. Existing trees are shown on the drawings within contract limits. B. Values oftrees to be protected are to be set at $150 per caliper inch of tree measured 6 inches above grade. 1.3 PROTECTION: Protect individual groups oftrees by erecting a barrier around each tree or group oftrees. Install and maintain barrier at drip line unless otherwise approved by Owner's Representative. Main- tain barriers until removal is approved by Owner's Representative. 1.4 GUARANTEE: Guarantee existing trees against damage until final acceptance of the Project. Repair any damage which, in the opinion ofthe Owner's Representative, can be satisfactorily corrected. 1.5 DEFENITIONS: A. Disturbance/Damage: Physical or visual change to the trees which, in the opinion of the Owners Representative, is detrimental to the trees being protected. Such disturbance may be caused by equipment, material or personnel. B. Violation: Damage to trees caused by any construction or delivery vehicle, construction material storage, or disposal of solid or liquid debris shall be considered a violation. Notice will be given to the Contractor verbally, if possible, and in writing within 7 days of a violation. The written notice shall include the date, the approximate time, the general location and type of viola- tion. These reports are a courtesy to the General Contractor to help control such violations. C. Value of Trees 1, Trees 12" caliper or less shall be removed and replaced with a new tree of same value. Tree type will be a variety installed on the Project. 2. Trees greater than 12" in caliper shall be removed and dollar value assigned by the City Forester. PART 2-PRODUCTS 2.1 FENCING: Fencing to be provided to protect trees. 1 lill i 11111 lilli lilli l m ~ 474355 Page: 24 of 44 11/04/2002 02:43P GIL-LIA [.VIE PITKIN ICUNT, CD R 221.00 D 0.00 PART 3 - EXECUTION 3.1 BARRICADE INSTALLLATION: A. Install prior to any mobilization on the site. B. Post - Set post plumb, 18 inches deep spaced maximum 6' o.c. and at each corner. C. Fencing - Pull fencing taut to prevent sagging and secure to post with wire clips. D. Form a complete enclosure with the fence. 3.2 MAINTENANCE AND REMOVAL: Maintain barricades in a newly installed condition until their removal is approved by the Owner's Representative. END 11% Imli,111 Milljtilt milimmi Page: 25 of 44 11/04/2002 02:43P SILVIA DAVIS PITKIN COUNTY CO R 221.00 D 0.00 SCHMUESER | GORDON | MEYER EXHIBIT E BAVARIAN INN REDEVELOPMENT CONSTRUCTION MANAGEMENT PLAN AND FUGITIVE DUST CONTROL SPECIFICATION INTRODUCTION The Bavarian Inn redevelopment project site is located on Lots D through I (Parcel 1) and Lots K through P (Parcel 2) of Block 12 of the Original Aspen Townsite and represents approximately 36,102 square feet (0.83 acres) of site area. Parcel 1 (the portion of the property north of the alley in Block 12)currentlyincludestheexisting Bavarian Inn building, several detached outbuildings, a pool, a hot tub and a paved parking area off of North Seventh Street. The Bavarian Inn lodge is addressed as 801 West Bleeker. Parcel 2 (the portion ofthe propertysouth ofthe alleyin Block 12) currently includes a small single-family residence addressed as 834 West Main Street. The development proposal anticipates the remodel of the existing Bavarian Inn lodge building into a total of eight units including four studios, one 1-bedroom unit, two 2-bedroom units and one 3- bedroom unit. The remaining buildings on Parcel 1 will be demolished or relocated and replaced with a duplex structure containing one 2-bedroom unit and one 3-bedroom unit. Parcel 2 will see the existing residence demolished and re-development with two multi-familystructures containing a total of ninedwelling units. The largerof the two new structures will contain four 3-bedroom units. The second structure will contain one 1 -bedroom unit, two 2-bedroom units and two 3-bedroom units. Please refer to the complete land use application for more definitive program information. DEFINITIONS Wherever used in this Construction Management Plan or in the Fugitive Dust Control Plan the following terms have the meanings indicated which are applicable to both the singularand the plural thereof: Agreement - The written agreement between the Owner and the Contractor covering the Work to be performed. Contractor - The person, firm orcorporation with whom the Owner has entered into the Agreement. Engineer - The person, firm or corporation named as such in the Agreement. The Owner may appoint an employee or representative to function as the Engineer. Owner- The owner and developer of the Bavarian Inn property, currently the Bavarian Affordable Housing, LLC. Subcontractor- An individual, firm orcorporation having a direct contract with the Contractoror with any other Subcontractor for the performance of a part of the Work at the site. 1 ~ 1 474355 1.;lilli 1111111111 lilli - ~~i| . 11 /04 /2002 02 : 43P lilli 111 lili".: I PageÂ· 26 of 44 SILVIA I)AVIS PITKIN 60 - IT, Co R 221.00 D 0.00 11 1 1 1 1 SCHMUESER | GORDON | MEYER January 10, 2002 Bavarian Inn Redevelopment Construction Management Plan Fugitive Dust Control Plan Page 2 Work- The entire completed construction orthe various separatelyidentifiable parts thereof required tobe furnished underthe Agreement. Workisthe resultof performing services, furnishing laborand furnishing and incorporating materials and equipment into the construction, all as required by the agreement and supporting documents. SITE IMPROVEMENTS Common improvements to serve the overall project site are shown on drawings submitted as exhibits to the Final Plat titled SCHEMA T/C UT/L/TY PLAN and ANAL PUD DEVELOPMENT PLAN include the following: 1. Construction of approximately 840 linear feet of sidewalk both inthe publicright-of-way (510 linear feet) and internal to the project site. Right-of-way improvements on the Main Street frontage are preliminaryatthistime, anticipating the re-design of the Main Street corridorfor improvements to Colorado State Highway 82. The applicants anticipate constructing appropriate right-of-way improvements along the Main Street frontage at such time as those design revisions are completed by the City of Aspen and the Colorado Department of Transportation. 2. Installation of two handicap sidewalk ramps. 3. Installation of up to 4 street lights in the public right-of-way. 4. Construction of approximately 500 linear feet of new curb and gutter along the street frontages. Once again, approximately 195 linear feet of curb and gutteris subjecttothe re- design of the Main Street corridor toaccommodate the relocation of the highwayinthatarea. 5. Construction of one new duplex and two new multi-family residential structures. 6. Remodeling of the Bavarian Inn structure to multi-family residential use. 7. Relocation of utility pedestals and electric transformers within the property adjacent to the alley of Block 12. 8. Installation of new utility services to the buildings on the site. 9. Installation of site drainage improvements including drywells to handle storm runofffrom new mpervious areas. 10. Site landscaping and right-of-way landscaping and restoration. 1 ~~~ ~~ _~ | ~~ ~~~ ~~~_~~ |~~ ~|~|~ ~~ Page 27 of 44 474355 11/04/2002 02:43P SILVIA [DAVIS FI-KIN COON-Y CO R 22. 00 D 0.00 SCHMUESER ~ GORDON | MEYER January 10, 2002 Bavarian Inn Redevelopment Construction Management Plan Fugitive Dust Control Plan Page 3 SCHEDULE AND CONSTRUCTION MANAGEMENT PRACTICES Construction of the right-of-way, utilities, drainage and structures is currently anticipated to commence in the Spring of 2002. Construction of the individual units will occur over a timeframe in conjunction with or subsequent to the construction of the common improvements. During the construction of the common utility and infrastructure improvements, the Contractor and / or Sub- Contractors shall be required to work within the following limitations to minimize construction impacts to area streets and neighboring properties: 1. Hours of Operation shall be limited to 7:00 am to 7:00 pm. 2. Dogs shall be prohibited from the construction site. 3. Contractors shall encourage cargooling of laborers to the construction site to minimize related traffic and on-street parking demand. Contractors shall provide a van service to bring laborers to the site if required by the Owner. 4. Contractors shall adhere to the requirements of the Fuqitive Dust Control Plan for Land Development (attached) and related Specifications (following) including speed control ofall construction traffic within the site. 5. The Contractor or Subcontractors shall not allow construction vehicles to track mud onto City streets during construction. A washed rock or other style mudrack must be installed at the site exit during construction. 6. All construction vehicles. materials and debris shall be maintained on-site and not in the public right-of-way unless specifically approved by the Director of the Streets Department. FUGITIVE DUST CONTROL PLAN AND SPECIFICATION The following establishes the Fugitive Dust Control procedures and specifications for the development and construction of improvements on the Bavarian Inn property. All development and construction contracts shall utilize these specifications. 1.00 GENERAL 1.01 The Owner, Contractors, and Sub-Contractors shall, during the term of the contracts for construction, comply with the Colorado Air Quality Control Act, Title 25, Article 7, CRS and regulations promulgated thereunder. 11.1 lilli i Iii 1 lillie 11111111!1111 ~| 11/04/2002 02:43P 1 474355 ~ Page' 23 of 44 SILLIA Dâ€žVIS PI-KIN 00% TY 00 R 221.00 D 0.00 SCHMUESER ~ GORDON ~ MEYER January 10, 2002 Bavarian Inn Redevelopment Construction Management Plan Fugitive Dust Control Plan Page 4 1.02 Scope Work underthis Section shall include furnishing all materials, labor, equipment and miscellaneous items necessary to provide dust control over the entire project site. 1.03 Submittals Chemical Products. Descriptive literature defining chemical constituents. 2.00 MATERIALS 2.01 Magnesium Chloride Constituents Percentaae bv Weight Magnesium Chloride Approximately 28%-36% Sulphate 2.5% Potassium, sodium, calcium Less than 1 % Nitrate -0- 2.02 Soil Retention Covering Soil Retention Covering products shall consist of blankets with close weave mesh and nettings with open weave mesh made of various materials as specified herein. Blankets and nettings shall be biodegradable, non-toxic to vegetation or germination of seed and shall not be toxic or injurious to humans. Acceptable products include:Excelsior Jute Paper Fabnc Paper Fiber Mulch Netting Plastic Mulch Netting All soil retention covering products and installation procedures shall meetthe requirements of Section 216 (attached) of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (1999 Edition). 3.00 METHODS AND PROCEDURES 3.01 Dust Control. Dust control to be considered an integral part of the Work. Control shall be provided from the start of construction until the Work is complete. Fugitive dust as a result of construction shell be controlled at all times within the subject property. 3.02 Watering. For all construction within the site, the Contractor shall have a water truck available fordust control. Wetting shall bedonea minimumof onceadayindryconditions oral the direction of the Engineeror Owneras required until the final wearing surfacesand landscaping are completed. 1- . 1 -m 1 IH I11[ 1 -Il Hl liblll HI , Page 29 of 44 1 474355 , 11/04/2002 02.43P SILLIA CHVIS PIEr<IN COUNTE CD R 221.00 D 0.00 11% SCHMUESER ~ GORDON | MEYER January 10, 2002 Bavarian Inn Redevelopment Construction Management Plan Fugitive Dust Control Plan Page 5 For utility construction, dust control may be accomplished by water truck or sprayfrom an on-site water system. Contractor shall be prepared to provide dust control until the final surface restoration is completed. 3.03 Chemical Control. During the construction phase and priorto the placement of the final road surface, the alley within the Bavarian Inn site shall be treated with magnesium chloride chemical spray at least once per construction season to minimize dust impacting adjacent propertydue to construction traffic. Application rate shall be 1/3 - Mgallon per square yard. The surface shall be re-sprayed until complete coverage is attained. The alleytreated with Magnesium Chloride solution shall be maintained as required with grading and wetting. 3.04 Vehide Speed Control Construction vehicles and vehicles transporting excavated materials within the Bavarian Inn property and adjacent alley shall not exceed 15 miles per hour. 3.05 Revegetation The Contractor shall revegetate all disturbed areas as soon as possible following construction of any improvements on the site. Seeding with native species pursuant to Section 212.06 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, 1999 Edition and mulching pursuant to section 213.03 (a) through (d) shall be acceptable on areas with slopes under30%. Areas of slopes over 30% (such as on cut or fill slopes) shall be seeded and covered with a soil retention covering per section 2.02 of this specification. JH4h 98094CMP File: 98094C.253 *MI'll ill, 7 1!111 111..! *1.11 li /j/ lijj /00jlf Ijj!!1 1/j 01I1~1/1~11; 474355 .l, il'j) il!11 Ii'11,' lit 1~jl ~~~~~ 1~~~~:l Page 30 of 44 S:LVIA DC.'IS PITKIN COUNT" CO R 221.00 D 0.00 11/04/2002 02 43P Colorado Dep:irtine,it ofli:Hisport:ition Standard Specifications 11,r Road and Bridge Construction 6Â£1,3.0T DEPARTMENT OF [HANSPORTATION 1999 No. 1 //#//#///#///f///#f/#///Ul//f "f'*/1,0 374355 SILVIa DAVIS PITKIN COUNT, CO R 221 00 D 0.00 1 =lin=C 212.06 212.06 Native Seeding. Areas that are unirrigated or not provided with sprinkling or watering systems shall be seeded only during the spring or fall seeding season as defined in subsection 212.03. la) Soil Preparation. Preparatory to seeding slopes flatter than 2.1, the top 100 mm (4 inches) of the surface shall be tilled into an even and loose seed bed ] 00 mm (4 inches) deep. Preparatory to seeding 2:1 or steeper slopes, the top 25 mm (1 inch) ofthe surface shall be raked or tilled. Slopes shall be free ofclods in excess of 100 mm (4 inches) in diameter, and brought to the desired line and grade. (b) Fertilizing. Preparatory to seeding, fertilizer shall be Â·Â· applied and tilled into the top 100 mm (4 inches) of the soil. The fertilizer type and rate of application shall be as designated in the Contract. ~~ le) Seeding. Seeding shall follow behind tilling to make special seed bed preparation unnecessary. The seeding ' application rate shall be as designated in the Contract. ~ All slopes flatter than 2:1 shall be seeded by mechanical L power drawn drills followed by packer wheels or drag - chains. Mechanical power drawn drills shall have depth bands set to maintain a planting depth of at least 6 mm Ch inch) and shall be set to space the rows not more than 175 mm (7 inches) apart. Seed that is extremely small shall be sowed from a separate hopper adjusted to - the proper rate ofapplication. lf strips greater than 175 mm (7 inches) between the rows have been left unplanted or other areas skipped, S m 1.- the Engineer will require additional seeding at the W (A) N (31 Contractor's expense. 1 01 ,.1 47'...2 : 1--Â· .- O, :!le Corlractor ana appieve- ay ine Engineer, seeding may be accomplished by broadcast or 218 00.0 a 00 - I ZZ hi 03 AINAOD NIN_Id SIAWa W AlIS dED 10 1001/4 212.07 hydraulic type seeders at twice the rate specified in the ~ Contract at no additional cost to the project. Seed shall not be drilled or sown during windy weather or when the ground is frozen or otherwise untillable. All seed sown by broadcast-type seeders shall be "raked in" or covered with soil to a depth of at least 6 mm ( 94 inch). Broadcasting seed will be permitted only on small areas not accessible to machine methods. Hydraulic seeding equipment and accessories shall conform to the equipment and accessories described in subsection 212.04(c). Seeded areas damaged due to circumstances beyond the Contractor's control shall be repaired and reseeded as ordered. Payment for this corrective work, when ordered, shall be at the contract prices. Portions of designated seeding areas may be seeded, as ~ directed, prior to construction completion to take advantage of growing conditions. METHOD OF MEASUREMENT 212.07 The quantities of lawn seeding and native seeding will not be measured but shall be the quantities designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. The quantity of lawn seeding shall include soil preparation, water, fertilizer, and seed, completed and ac- cepted. The quantity of native seeding shall include soil preparation, fertilizer, and seed, completed and accepted. The auantity of sod to he measured will be the actual number of square meters (square feet), including soil preparation, water, fertilizer, and sod, completed and accepted. 219 213.03 Hydraulic mulching shall not be done in the presence of free surface water. 1. Mixing procedure for the hydraulic mulch/ tackifier mixture shall be as follows: (1) Fill tank with water approximately 1/4 full. (2) Continue filling while agitating with engine at full rpm. (3) Pour tackifier, at a moderate rate, directly into area of greatest turbulence. (4) With the recommended amount of tackifier in solution, add wood cellulose fiber mulch. Do not add fertilizer. Apply the hydromulch/tackifier mixture at the CONSTRUCTION REQUIREMENTS following rate: 213.03 Wood Cellulose Fiber Mulch Tackifier la) Hay or Straw Mulching After seeding has been 2250 kg/ha (2000 lbs/Acre) 110 kg/ha(100 completed or when required for erosion control, hay or straw shall be uniformly applied at the rate designated Ibs/Acre) in the Contract or as directed. It shall be crimped in 1 Mixing procedure for Mulch Tackifier shall be as with a crimper or other approved equipment. The follows: Engineer may order hand-crimping on areas where mechanical methods cannot be used. (1) Fill tank with desired amount of water and The seeded area shall be mulched and crimped within run engine at full R.P.M. (2) Add wood fiber. Agitate until a homog- 24 hours after seeding. Areas not mulched and crimped enous, noniumpy slurry is formed. Do not within 24 hours after seeding and prior to precipitation add ferlilizer onsite shall be reseeded with the specified seed mix at the Contractor's expense, prior to mulching and (3) Slowly sift powdered tackifier into slurry and continue to agitate for at least 5 minutes. crimping. (4) Spray onto mulch or soil using a nozzle that 04 Hydraulic Mulching Cellulose fiber mulch and will disperse the spray into a mist that will uniformly cover the mulch. tackifier shall be added to water to form a homogeneous slurry. The operator shall sprav anct, the slur, mixture uni formly over the designateu s...- :rea. 224 225 00'IZZ M 03 A-NOOD NI>[1Id SIAWa UJA1FS dED ~39 Il ill -p lill ililll Jill illi 1-Ill lillil 1,1.-1,Ill, 1 213.03 Application Rate: Apply this as an overspray at the following rate or as approved by the Engineer. Powder Fiber Water 170 kg/ha 200 kg/ha 6500 Ulia ( 150 lbs/Acre) (180 Ibs/Acre) (700 gal/Acre) (c) General. Areas not properly mulched, or areas dam- aged due to the Contractor's negligence, shall he repaired and remulched as described above, at the Contractor's expense. Mulch removed by circumstances beyond the Contrac- tor's control shall be repaired and remulched as ordered. Payment for this ordered corrective work shall be at the contract prices. Tackifier shall be sprayed immediately upon completion c of mulching and crimping when designated in the Contract. U Mulch tackifier shall be sprayed over mulch or soil as drscribed in subsection 213.03(b). - The Engineer may order test sections be established for adjusting the mulching equipment to assure confer- mance with the specified application rate. The Engineer -0 -Ch may order equipment readjustment at any time. 01 (d) Hbod Chip Mulch. A 100 mm (4-inch) layer, unless S Â® h 01 otherwise shown in the plans, of wood chip mulch shall Â®NO ~| be uniformly applied to all planting beds as shown on N: the plans or as directed. Wood chip mulch shall be 8 placed in all tree saucers in seeded areas. Wood chip -0 mulch shall be capable of matting together to resist scattering by the wind. 226 NIPird SIAb] WIA,lIC 0 00 IZZ hi 01/40/II 216.01 216.02 SECTION 216 Roll Mass (Weight): SOIL RETENTION COVERING 0.53 kg/m2 = 0.06 kg/m2 (0.98 pounds = 0.1 pounds DESCRIPTION per sq. yd.) 216.01 This work consists of furnishing. preparing, applying, placing. and securing soil retention covering for erosion B. The blanket shall consist ofa machine control on roadway ditches or slopes as designated in the produced mai o f curled wood excelsior o f 80 Contract or as directed. percent. 150 mm (6 inch) or longer fiber length with a consistent thickness of fibers MATERIALS evenly distributed over the entire area of the 216.02 blanket. The top side ofthe blanket shall be (a) Covering Covering shall consist of blankets with close covered with a biodegradable netting. weave mesh and nettings with open weave mesh made manufactured from a jute or other biodegrad- of various materials as specified herein. able material and stitched on 50 mm (2 inch) centers the entire width of the blanket. Blankets and nettings shall be photodegradeable or biodegradable, non-toxic to vegetation or germination Dimensions: 1.2 x 55 m or 2.4 x 27.4 m of seed, and shall not be toxic or injurious to humans. (48" by 180' or 96" by 90') Roll Mass (Weight) 1. Excelsion Excelsior soil retention covering shall 0.53 kg/mz Â£ 0.06 kg/rrf be either photodegradable or biodegradable as (0.98 pounds Â£ 0.lpounds follows. per sq. yd.) A. The blanket shall consist of a machine 1 Soil Retention Blanket (Coconut) Soil Retention produced mat of curled wood excelsior of 80 Blanket (Coconut) shall be a machine produced percent, 150 mm (6 inch) or longer fiber mat consisting of 100 percent coconut fiber. The length with a consistent thickness of fibers blanket shall be of consistent thickness with the evenly distributed over the entire area of the coconut fiber evenly distributed over the entire blanket. The top side of the blanket shall be area ofthe mat. The blanket shall be covered on covered with a photodegradable extruded the top and bottom side with polypropyiene plastic mesh and stitched on 50 min (2 inch) netting having ultraviolet additives to reduce centers the entire width of the blanket. breakdown and an approximate 16 mm x 16 mm (5/8" x 5/8") mesh size. The blanket shall be Dimensions: 12 x 55 m or 2.4 x 27.4 m sewn together with polyester, biodegradable or (48" by 180' or 96" by 90') photodegradable thread. Material requirements: 248 249 03 11NOOD NI>il:d SIAWO WI Â·Â· 310197 111Im lilli lili Ill lilli Illl lilli Illill lilli IIi de* Z0 216.02 216.02 Coconut Fiber Content: Straw Content: 100% 027 kgfrrf (0.50 lb/'sq. y-d.) 100% 0.27 to 0.33 kg/mz (0.50 to 0.60 lb/sq. yd.) Netting: Bottom side lightweight Netting: Both sides, heavyweight pol>'propylene photodegrad- nondegradable able 15 kg/1000 40 lbs/sq. ft.) 4.88 to 8.06 kg/1000 nf Thread: Polyester. biodegradable or (1 to 1.65 lbs persq. ft.) photodegradable Top side heavyweight or Roll Width: 2.0 to 23 m (6.5 to 7 5 sq. yds.) lightweight polypropylene photodegradable Roll Length: 253 to 27.5 m (83.5 to 120 sq 8.06 to 14.65 kg/nf (1.65 to 3 yds.) lbs/sq. ft.) Area Covered by One Roll: Thread: Biodegradable or photode- 50 to 65 rt (60 to 75 sq. yds.) gradable A sample of the soil retention blanket (coconut) Roll Width: 2.0 to 23 m (6.5 to 7.5 sq. yds.) shall be submitted at least 2 weeks in advance of its use on the project for approval by the Engineer. Roll Length: 253 to 27.5 m (83.5 to 75 sq. yds.) .Area Covered by One Roll: 3. Soil Retention Blanket (Straw). Soil Retention 50 to 65 m2(60 to 75 sq. yds.) Blanket (Straw) shall be a machine produced mat consisting of 100 percent agricultural straw. The A sample ofthe soil retention blanket (straw) shall blanket shall be of consistent thickness with the be submitted at least 2 weeks in advance of its use straw evenly distributed over the entire area of the on the project for approval by the Engineer. mat. The blanket shall be covered on the top side with polypropylene netting having an approximate 4. Soil Retention Blanket (Straw/Coconut). Soil 16 mm x 16 mm to 13 mm x 13 mm (5/8" x 5/8" Retention Blanket (Straw/Coconut) shall be a to 92" X 1/z") mesh and on the bottom with polypro- machine produced mat consisting of 70 percent pylene nerting with an approximate 6 mm x 6 mm agricultural straw and 30 percent coconut fiber. to 13 mm x 13 mm (W' x 11" to 14" x 14") mesh. The blanket shall be of consistent thickness with The blanket shall be sewn together with biode- the straw and coconut fiber evenly distributed over gradable or photodegradable thread. the entire area of the mat. The blanket shall be covered on the top side with polypropylene netting Material requirements: having an approximate 16 mmx 16mm (5/8" x5/ 250 251 00 *1NnOO NI>I-Id SIAWO WIA1IS tÂ· jifzf iljll~lillil ll 11111 lilli illi Illl Illill illil illill , deâ€¢:20 216.02 8") mesh and on the bottom with polypropylene netting with an approximate 6 mm x 6 mm to 13 mmx 13mm 07' x 97 to h" x %") mesh. The blanket shall be sewn together with cotton, biodegradable or photodegradable thread. Material requirements: Straw Content: 70% 0.19 kg/mz(0.35 Ib/sq .yd.) Coconut Fiber Content: 30% 0.08 kg/m40.15 lb/sq. yd.) Netting Bottom side lightweight polypropylene photodegrad- able 4.88 to 8.06 kg/1000 mz 0 to 1.65 lbs per 1000 sq. ft.) Top side heavyweight or light weight polypropylene photodegradable 8.06 to 14.65 kg/1000 mÂ° (1.65 to 3 lbs per sq. ft.) Thread: Cotton, biodegradable or photodegradable Roll Width: 2.0 to 2.3 m (6.5 to 7.5 feet) Roll Length: 25.5 to 27.5 m (83.5 to 90 feet) Area Covered by One Roll: 50 to 65 mz (60 to 75 sq. yds.) l w W A sample of the soil retention blanket (straw/ Â®04(n Â®Na,Ul coconut) shall be submitted at least 2 weeks in e advance of its use on the project for approval by . the Engineer. 252 A Nil D b INJ.Id SI Atja WI All S dED:Z0 0 *:3<1 littlr~Il~1111#%11'isfilmillitlil 216.03 08 Pins and Staples. Pins and staples shall be made of wire 4.2 mm (0.162 inch) or larger in diameter. "U" shaped staples shall have legs 200 mm (8 inches) long and a 25 mm (1 inch) crown. "1"' shaped pins shall not be used. CONSTRUCTION REQUIREMENTS 216.03 (a) Excelsion The area to be covered shall be prepared. fertilized, and seeded in accordance with Section 212, before the blanket is placed. When the blanket is unrolled, the netting shall be on top and the fibers shall be in contact with the soil. In ditches, blankets shall be unrolled in the direction ofthe flow of water. The end of the upstream blanket shall overlap the buried end o f the downstream blanket a maximum of 200 mm (8 inches) and a minimum of 100 mm (4 inches), forming a junction slot. This junction slot shall be stapled across at 200 mm (8 inch) intervals. Adjoining blankets (side by side) shall be offset 200 mm (8 inches) from center ofditch and overlapped a minimum of 100 mm (4 inches). Six staples shall be used across the start of each roll. at 1200 mm (4 foot) intervals. alternating the center row so that the staples form an "X" pattern. A common row of staples shall be used on adjoining blankets. (b) Soil Retention Blanket (Coconut). (Straw), and (Stiaw/ Coconut). The area to be covered with Soil Retention Blanket (Coconut), (Straw), and (Straw/Coconut) shall be properly prepared. fertilized. and seeded before the blanket is placed. When the blanket is unrolled. the heavyweight polypropylene netting shall be on top and the lightweight polypropylene netting shall be in contact with the soil. In ditches and on slopes, blankets shall be unrolled in the direction ofthe flow of water. Installation shall be in accordance with manufacturer's recommendations. A representative of the manufac- 253 216.03 216.05 turer shall be present to give instruction during the contract unit price. Areas shall be repaired to reestab- installation ofthe soil retention blanket. lish the condition and grade of the soil prior to appli- cation of the covering and shall be refertilized. re- The blanket shall be placed smoothly but loosely on the seeded, and remulched as directed. soil surface without stretching. The upslope end shall be buried in a trench 150 mm (6 inches) wide by 150 METHOD OF MEASUREMENT mm (6 inches) deep beyond the crest of the slope to 216.04 Soil retention covering, including staples, complete in avoid undercutting. For slope applications, there shall place and accepted will be measured by the square meter be a 150 mm ( 6 inch) overlap wherever one roll of (square yard) of finished surface. No allowance will be made | blanket ends and another begins with the uphill blanket for overlap. placed of top on the blanket on the dow'nhill side. There shall be a ]00 mm (4 inch) overlap wherever 2 BASIS OF PAYMENT widths of blanket are applied side by side. Insert 216.05 The accepted quantities of soil retention covering will staples in a pattern according to the manufacturer's be paid for at-the contract unit price per square meter. recommendation at approximately 2 staples per square meter. Payment will be made under: At terminal ends. and every 10 m (35 feet), Soil Pay Item Pay Unit Retention Blanket (Coconut). (Straw), and (Straw/ Soil Retention Blanket 4-1 Square Meter (Square Yard) ~ Coconut) placed in ditches shall be buried in a trench approximately 150 mm (6 inches) deep by 150 mm (6 Preparation o f seedbed. fertilizing, and seeding will be inches) wide. Before backfilling, staples shall be placed measured and paid for in accordance with Section 212. across the width ofthe trench spaced at 150 mm (6 inches) on center in a zigzag pattern. The trench shall Mulching will be measured and paid for in accordance with then be backfilled to grade and compacted by foot Section 213. lamping. le) Maintenance. The Contractor shall maintain the blanket. fabric, or netting areas until all work on the Contract has been completed and accepted. Mainte- nance shall consist of the repair of areas w'here damage $.lÂ¤ is due to the Contractor's operations. Maintenance shall be performed at the Contractor's expense. Repair of those areas damaged by wind, fire. or other causes not Z attributable to the Contractors operations shall be repaired by the Contractor and will be paid for at the 255 - ~aide #jillmill#j*1120*an*l 0 ' I ZZ hi det, Â· 10 Z00Z/*0 EXHIBIT F PROPOSED PLAN FOR REL()CATION OF BAVARTAN ]NN CABINS Submitted by Savanah Limited Partnership December 6,2000 i his proposed plan for relocation oftwo oft]ie log cabins located on the Bavarian Inn parcel is submitted pursuant to condition number 4 of Resollition No. 99-94. adopled by the Aspen City Council on December 6,1999 as the conceptual PUD development plan forilint .site. I lack troqud I During tlic conceptual approvill process for the Bavarian Tnii development plan, Savanah Limited Partnership (Havanah) agreed to work with the City ol-Aspen to develop a plan for relocating two of the iniall log cabins currently located on what is commonly called the Bavarian Inn parcel of land. Neither cabiii is historically designated nor registei-ed but rather, were thought by some to be of historical 'interest" Thus, it was agreed they should be removed from the site with the intention to maintain the integrity ofthe cabins and to permit their continued use. Savanah is not responsible for paying for the cost to move or renovatc the cabins and proceeding with the final approval process for the Bavarian Tiin is not contingent upon the Status of the removal plan. Unsert condition #4). hielifying Reccivine Site(s) Savanall Will lindertake a number o f efforts to publicize the availability of the two cabins. These will include ads in the local papers and directly contacting the various housitig autholitics in the Roaring Fork Valley. A detailed description of each cabin will be included indicating their approximate size, (about 340 square fect and 540 square feet respectively), type of construction materials used, and other descriptive information. The general approach will be to indicate the cabins are free and entail only the moving costs und any subsequent renovations. Savanah will also have identified the most reputable company (Bailey Home Movers) and approximate estimated costs for moving the cabins. 474355 Page: 39 of 44 11/04/2002 02Â·43P SILVIA DAVIS PITKIN COUNTY CO R 221.00 D 0.00 **Price Quote** Sa 19351 Highway 82 990894 Page: 1 WINEPRIVER Phone 970-963-0744 Carbondale, Colorado 81623 Monday, September 16, 2002 T BUT E S Fax 970-963-9833 Wednesday, October 16, 2002 EXHIBIT G _1 Billing Address ~ ~ Job Site I Four Peaks Development, LLC SITE: BAVARIAN INN 1000 S. Mill St. ASPEN, CO Aspen, CO 81611 FAX 925-1036 Contact: Tripp Adams - 925-2114 Item# Description Quantity Price Total Amount PRELIMINARY LANDSCAPE ESTIMATE PHASE 1 PLANTINGS / MAIN STREET PLANTINGS 00186 Pinus aristata 6' 1 414.000 414.00 Pine, Bristlecone 01605 Pinus aristata 8' 3 495.000 1485.00 Pine, Bristlecone 90001 Pinus nigra 6' 2 305.000 610.00 Austrian Pine 01390 Populus tremuloides 2" a 5 235.000 1175.00 m Aspen, Quaking, Single Stem e 01943 Populus tremuloides 3" 2=G 3 345.000 1035.00 Aspen, Quaking, Multi LD 02Â® LOose 3 604.000 1812.00 90001 Malus 'Sping Snow' 3" ".1 4 W \ 0 Crab, Spring Snow Ft wl 00242 Populus angustifolia 3.0" 3 350.000 1050.00 9, 2 E Z Cottonwood, Narrowleaf 01662 Prunus virginiana melanocarpa 5 Gallon 8 32.000 256.00 Chokecherry, Native .Of 01623 Potentilla fruiticosa 'Jackman 5 Gallon - 8 32.000 256.00 Potentilla, Jackmanii --- 01527 Caryopteris x clandonensis 8 32.000 256.00 Spirea, Blue Mist : ---O 0 6 32.000 192.00 90001 Cornus stolonifera coloradense 5 gallon '-r Dogwood, Colorado z D 0 90002 Turf Sod c 2200 .460 1012.00 Bluegrass Sod 1= - 'U 00499 Staking Material for Trees Per Tree - 44 20.000 880.00 Up to 20' Tree 9 15 44.500 667.50 00972 Compost, Canyon Cubic Yard <I Compost, Canyon , a 10 50.000 500.00 00973 Mulch, Brown Metro Sq. Yd. E Mulch, Brown Metro w 00615 Top Soil Cubic Yard 50 47.000 2350.00 Top SoH 80001 Equipment - Dump Truck w/oper Hour 25 68.000 1700.00 30012 Labor - Crew 5-Man w/Truck Hour 25 220.000 5500.00 5-Man Installation Crew 20005 Onsite Supervision Hour 25 85.000 2125.00 Onsite Supervision * Signature below indicates agreement with attached terms and conditions.* Accepted: Date: Sa **Price Quote** 4%*k:,9--,Â· 19351 Highway 82 990894 Page: 2 -WINOR]VER Carbondale, Colorado 81623 Monday, September 16, 2002 Phone 970-963-0744 Wednesday, October 16,2002 T R\IN E S Fax 970-963-9833 1 Billing Address ' ~ Job Site 1 Four Peaks Development, LLC SITE: BAVARIAN INN 1000 S. Mill St. ASPEN, CO Aspen, CO 81611 FAX 925-1036 Contact: Tripp Adams 925-2114 Item# Description Quantity Price Total Amount Sub-Total . 23275.50 PHASE 1 IRRIGATION / MAIN STREET PLANTINGS 50011 Irrigation Parts 1 2000.000 2000.00 Parts, Irrigation 50005 Labor - Crew 4-Man waruck Hour 15 187.000 2805.00 4-Man Irrigation Crew Sub-Total 4805.00 PHASE 1 CONTINGENCY/ MAIN STREET PLANTINGS 99999 Contingency 1 2808.000 2808.00 10 % Sub-Total . 2808.00 Sales Tax Total 535.38 Total 31423.88 I /11/##M#/0//i#/lil /11//11//11/ ill //0 lili /11/ 474355 Page: 41 of 44 SILVIA DAVIS PITKIN COUNTY CO R 221.00 0 0.00 i 11/04/2002 02Â·43P * Signature below indicates agreement with attached terms and conditions.* Accepted: Date: 5 ~ .E~~ . Â·r. Sa 3*%23 **Price Quote** 19351 Highway 82 990895 Page: 1 ...141.,2. WIN]DRIVER Phone 970-963-0744 Carbondale, Colorado 81623 Monday, September 16, 2002 T R~pE S Fax 970-963-9833 Billing Address ~ ~ Job Site } Four Peaks Development, LLC SITE: BAVARIAN INN 1000 S. Mill St. ' ASPEN, CO Aspen, CO 81611 FAX 925-1036 Contact: Tripp Adams - 925-2114 Item# Description Quantity Price Total Amount PRELIMINARY LANDSCAPE ESTIMATE PHASE 2 PRELIMINARY PROPOSAU COMPLETION OF LANDSC 1. TREE TRANSPLANTING & REMOVAL Transplant 1 8" Pine / on site 80002 Equipment - 84" Spade w/oper Hour 5 315.000 1575.00 84" Spade operator & 1 laborer o If 00500 Staking Material for Trees Per Tree 2 1 80.000 80.00 Above 20' Tree 4- N 00973 Mulch, Brown Metro Sq. Yd. 10 0%Â® 1 44.000 44.00 Mulch, Brown Metro Lf) Nes 30009 Labor - Crew 2-Man w/Truck Hour 5 115.000. 575.00 C=:i- 1 Z 2-Man Installation Crew r- 0 Fr 2 L Z Sub-Total 2274.00 EN 1 Cr Remove10 trees per plan 80005 Equipment - Chipper Hour 16 77.000 1232.00 Equipment - Chipper 80006 Equipment - Bucket Truck Hour - 16 138.000 2208.00 Bucket Truck w/operator 1.> 30010 Labor - Crew 3-Man w/Truck Hour ,'- 16 131.000 2096.00 3-Man Installation Crew --- 0 99999 Dump Fees 150.000 150.00 L_~ Y Sub-Total 5686.00 -1. - U I'l//-"/1 /2 -I=-a PHASE 2 PLANTING B/ COMPLETION OF LANDSCAPE - 5 00186 Pinus aristata 6' hz:zEd 1 414.000 414.00 Pine, Bristlecone 00133 Picea pungens 6' 1 235.000 235.00 Spruce, Colorado 00967 Picea pungens 8' 3 378.000 1134.00 Spruce, Colorado 01027 Populus tremuloides 1" 6 171.000 1026.00 Aspen, Quaking, Single 01390 Populus tremuloides 2" 13 235.000 3055.00 Aspen. Quaking, Single Stem * Signature below indicates agreement with attached terms and conditions.* Accepted: Date: "Price Quote** Sa 19351 Highwav 82 990895 Page: 2 Carbondale, Colorado 81623 ~INQi~IVER Phone 970-963-0744 Monday, September 16, 2002 TR~~IES Fax 970-963-9833 Billing Address ' I Job Site Four Peaks Development, LLC SITE: BAVARIAN INN 1000 S. Mill St. ASPEN, CO Aspen, CO 81611 FAX 925-1036 Contact: Tripp Adams 925-2114 Item# Description Quantity Price Total Amount 01943 Populus tremuloides 3" 4 345.000 1380.00 Aspen, Quaking, Multi 90001 Malus 'Sping Snow' 3" 5 604.000 3020.00 Crab, Spring Snow 90001 Populus angustifolia 2" 3 227.000 681.00 Cottonwood, Narrowleaf 00242 Populus angustifolia 3.0" 2 350.000 700.00 Cottonwood, Narrowleaf 01662 Prunus virginiana melanocarpa 5 Gallon 19 32.000 608.00 Chokecherry, Native 01623 Potentilla fruiticosa 'Jackman 5 Gallon 19 32.000 608.00 Potentilla, Jackmanii = m 01527 Caryopteris x clandonensis 19 32.000 608.00 4-N Spirea, Blue Mist 1.-GÂ® 90001 Cornus stolonifera coloradense 5 gallon LD Â°89 12 32.000 384.00 If) 9 g Â® Dogwood, Colorado 90001 Juniperus sabina buffalo 5 gallon ~=j- 61 24 27 36.000 972.00 Juniper, 'Buffalo' 91-23% 90002 Turf Sod . 7800 .460 3588.00 Bluegrass Sod ~~2= 00499 Staking Material for Trees Per Tree 14 20.000 280.00 Up to 20' Tree 00972 Compost, Canyon Cubic Yard 35 44.500 1557.50 Compost, Canyon - 00973 Mulch, Brown Metro Sq. Yd. 20 50.000 1000.00 Mulch, Brown Metro ~-: - 150 47.000 7050.00 00615 Top Soil Cubic Yard -0 Top Soil -M 80001 Equipment - Dump Truck w/oper Hour -~ 35 68.000 2380.00 72.00 80022 Equip-1 Ton w/28 Ft. Trailer Hour - - 1 72.000 P/U w/Gooseneck Trailer *T 80010 Equipment - Bobcat Hour 1 200.000 200.00 ---licl Bobcat 873 - No operator ---eLli 75 220.000 16500.00 30012 Labor - Crew 5-Man w/Truck Hour 5-Man Installation Crew --4 20005 Onsite Supervision Hour 75 85.000 6375.00 Onsite Supervision Sub-Total 53827.50 * Signature below indicates agreement with attached terms and conditions.* Accepted: Date: Sa Â»Eâ‚¬:93f **Price Quote** .%:laey. 19351 Highway 82 990895 Page: 3 Carbondale, Colorado 81623 Monday, September 16, 2002 WNBRIVER Phone 970-963-0744 TBUE E S Fax 970-963-9833 L Billing Address ~ I Job Site j Four Peaks Development, LLC SITE: BAVARIAN INN 1000 S. Mill St. ASPEN, CO Aspen, CO 81611 FAX 925-1036 Contact: Tripp Adams 925-2114 Item# Description Quantity Price Total Amount PHASE 2 IRRIGATION / COMPLETION OF LANDSCAPE 50011 Irrigation Parts 1 5000.000 5000.00 Parts, Irrigation 50005 Labor - Crew 4-Man wfl-ruck Hour 25 187.000 4675.00 4-Man Irrigation Crew Sub-Total 9675.00 i PHASE 2 CONTINGENCY / COMPLETION OF LANDSCAPE 99999 Contingency 1 7427.000 7427.00 10 % Sub-Total 7427.00 Sales Tax Total 1102.07 Total 79991.57 474355 *\\1111%111\1111\Milt Page' 44 of 44 11/04/2002 02:43P SILVIA DAVIS PITKIN COUNTY CO R 221.00 D 0.00 * Signature below indicates agreement with attached terms and conditions.* Accepted: Date: ASPEN CITY OF 474355 130 SOUTH GALENA ST ASPEN CO 81611 CLERK STRYKER/BROWN 11 ARCHITECTS,P.C. - 300 SOUTH SPRING STREET, SUITE 300 ASPEN, COLORADO 81611 (Ph) 970/925-2254 (Fx) 970/925-2258 (e-mail) sba@rof.net Bleder St: 2 015 ; 133v Sri'a,1 BLEEKER ST. Landscapin Landscaping ~ ~ Landscapin 3 unlb sidewalk sidewalk Propertv Line -A~ 4*I1 PARCEL 1 - 180.51' -Xms-- 18 051 SF .41~ Acres i upper level ~ 0 - lower level 0 covered ~~ -~-7-71 porch 6 parking spaces D 1 1 0 m 474 4 ------- yard existine lodeze ~ ~ BAVARIANINN two stories typical =b Nl Nl 4 one .. \- 4 1 01 Un 149 stgry i M 1434 12 f . ~ , h'lng 3 BR . â‚¬ .U-â€ž Irle. I ' I . v i * one .. - : 40 Â©ut roo,VS g two t story stories yard f----* ppyn to 1 Delow 1 RESIDENCE k 53 1 - Existing ) ; 9 L; r.1 -5 5 1 998,3 9 GUI C.1 , 1 t $ A. , covered r----.- E i porh A. L..........-------p--9--Â· 41- Bavarian Inn Mid Fid,-1 1 26 1 3 1 i Racks , snow &--_/ storage 1 1 1 .Â£ 3 * 1102 sf raid - 10. 8 flo 2 BR bo - 0~32- ,% ~ Afford*le . coveredl 6 Parking spaces 28 4 Forch ; 5 I arking s]Jaces Existing Cabin ' jght bollai"4Â· ..1.-"e-'"fwi 1 I =ew,3,3evÂ·â€¢sm-*- i ........1 1 ' W trish 1 snow storage .3.1-9 UN lole? Housing Dpmpster; . - V I f'll'W R/"'".. I Provertv Line 6--... ~roperty Line j. ASPEN, COLORADO~ -180.%1' ~|00'; 3 farlÂ¢t,75 4'~u# existing significant trees he,r< ) ALLEY ormer 04 B buk ALLEY p~opertythre*6.il, ~ ~ < 14 Parking Spaces h SAVANAH LIMITED PARTNERSHIP 43.75 employees / / \ utility \ ~ pedestals OWNER: NOTE: 40 bedrooms ASPEN, CO. 81611 hh 1. Two (2) aÂ£cessible units, as required by Colorado Statute are the units substantiallv on grade: 32 Parking Spaces t with bedrooms on grade: Units Sl ankl S2, ~ Building S. required walk 2. The existing Bavarian Inn is approximatelY 25' high,*ger AspeB Lan# Use Regalations dainition, ie, 31 Parking Spaces DATE: ISSUE: ; 4 1 to the miapoint or the sioped roor surfaces. snow storage provided SEPTEMBER, 1998 SCHEMATIC La- wl. 19 Dwelling Units DESIGN SET 4 3 BR $ = February 1999 Re-submission 3 story unit covered 1702 sf patio porch patio covered covered M September, 1999 City Council r DOPUL. 1 Fli p.- Re-design Â£ ....0------0 2 covered A - ~ain 91-: 5 UNE 4= r 3 BR ---7 November 1999 Revision ts#% unit * WZ ' 1 0 klike | lia,lieJ Long W3 . * Resmence 1 story 3 BR Existing 3 story unit ' - 1709 sf Sl Sl S2 S3 S4 S5 S5 4 4 y~eq 1490 1163 sf 609 sf 1163 sf 1490 one -- 3 BR 2 BR 1 BR 2 BR 3 BR story 1" = 30' 3 BR i two two one two two z 3 story unit stories stories story stories stories 40 1724 sf I ...........- 4- __ | covered r.it)8, I 1 1 covered mr , porch -----0 covered- porch D'. ~ 0:1:d L-=- porch , i Rwisl Â« Bavarian Inn PARCEL 2 1 i ... Housing ~~cre,F - 1 Property Line L.....1 NORTH 180.51' 5 south - 2 north SCALE: 1"=16'-0" , sidewalk sidewalk I 4 west Landscaping 11.19.99 Landscaping SITE MAIN ST. MAIN ST. e DEVELOPMENT PLAN 1 ~* Copyright Â©1999 Stryker/ Brown Architects, PC A 1.0 R#&&: ' r . .4 . .4 STRYKER/BROWN ARCHITECTS,p.c. 300 SOUTH SPRING STREET, SUITE 300 ASPEN, COLORADO 81611 (Ph) 970/925-2254 (Fx) 970/925-2258 (e-mail)strykerbrown. com Typical Existing Tree to xemain 2' . 1 ~=~=. 228 /9 2 Â§0 0, E 0 4.44 h C 4, 9: . 4421\* ........ \ ; lilli e.ul.le. 04*k ~ \111 . gl %00.1,110, 445, 7Â¥ I Â¢ 0 "lph, 2 9% 311.0 9 fl~, iiI i *1*0% 2 $ .4 ' /111~1 '1~,14 ~4 -. ..2 % ** 44****MIN'*At 111 % 1 / -L EL i LEGEND -131RF - ~~11 Inn ' \ TRANSPLANTED TREE- TO BE REMOVED / 13 MF-- -/ 1 8 4# Nl Nl Existing _~ Klein 1,18Â£ Residence one story mis A - ~ ASPEN HOJ' Â«\-tj:1 - b ..in-- llo' N2, / ./- I I i li %_ I two. , 's . .elwp,4 Al 1 1 CA CRAB APPLE v 1 3 cj 129 Bavarian Inn ..,ilt'lls Affor*able 0.*W'0,4// 5awÂ¢.8 3 442Â£4- . =--7 - '414'De da, S e . . 0 ... 0 Housing 18zm,1111Â¢~0 ASPEN, COLORADO % 11 "1 1 . , Â·Â· Rri#iAL.1. 4111: .- 1 Â·V' ' 11 1, -1/=#immalv -a hh Sk "1'1.4 40 bedrooms 4 ''11' * , PINE -441-my 714" P OWNER: SAVANAH LIMITED required PARTNERSHIP 1 33 Parking Spaces ASPEN, CO. 81611 = Pok provided 11 - Wl 19 Dwelling Units 3 BR %*7 unit dll_~ - iir- i DATE ISSUE 3 BR 3 stoty unit --1 o February 1999 Re- submission 1572 sf W2 September 1999 Redesign for City W3 Council 3 BR 3 storv unit 17090 51 104 $2 83 S4 SS S5 Â¥S Existing W4 one . 1.2 ' 1~gsf 1%'f 111'f 3 BR story 1490 one Long Kisidence story two one two two 127 u.it 811* stories story stories stories enby L_-1 Housing typical -1 ,!.A--1 1- < 15" A' ~ 1 7'S , Bavarjan Inn , . ,;L_3 NORTH 5 south ..Wj,0/6% ~1&'*an'.1"W//4:Â£> 43*<>- t 4 west - 2 north -V, F 0. 2 5*=A "/##,Imille ~~%42,3/ ..0Â©. 9.20.99 NEW COTTONWOOD / STREET TREE- PER CITY FORESTER NORTH SCALE: 1" = 20'-0" /--Â«PROPOSED TREE REMOVAL PLAN PROPOSED Â¥TREE REMOVAL PLAN; Copyright Â©1999 Stryker/ Brown Architects, PC L11 * I. 7241 -2.- Â·fÂ·-- Â«f-j~ 171 f L 1 <% i U) i \- i I L ~3Â¢.1.-,I.,34' 3 tw' 2,--1~Â» J-**,1 ~~ ~ 1 I i _- A 4.VtÂ¢ 4 Bi .11,1 1 14* 1+11 1-12 4 11=1 T"t- '!2 ' Â· it 1 1-01-11, r i' k " it- 1 1. ' 'ID- 'j Al -,3 Â¥1 / F fi-%94- 1...,1 1 1 '1 ' - f A I pj -64-1 -2-' 1 1- 7 IT 441/ ' 1 Meways %>3 44 et 2 ro 1 2. P -I 4 t'.1 '. '' .%1, 1 1 FIA A A A 0 0. - A 164 - --3. 1 , A I . - i .. ,~ 1/4 ..11' 2,7, 1 - I.- .. a ..6. 1 , . Allib y , . \4 0 .. , .. 4 k . - 'bo '~ 'L. It 'A . 44 1 . 1 fix Â£ b, . F A.:i.:P;:&~:, . ~44.:kififtÂ·C. Â·, ~Â· r , â‚¬ '14-(?2Â© 7, 41 I /11 , 0. 4 *t .. A R A 8 -3~ . L, - . 1 / f '. A . 1 1 4Â»46 i. . , ...1. . - . . , " J LA~ , ,-92522.14! Â· Â·Â·Â·V'