Loading...
HomeMy WebLinkAboutcoa.lu.su.Mocklin.A031-98 ,....... ~ . ~ MEMORANDUM TO: Nick Adeh, City Engineer Jeff Woods, Parks Director FROM: Sara Thomas, City Zoning Officer RE: Mocklin Subdivision DATE: August 25, 1998 I am attaching a copy of a letter of credit which is serving as the financial guarantee for completion of the required subdivision improvements for.the Mocklin Subdivision. I have also attached a copy of the Subdivision Agreement which specifies, in Section C, the subdivision and landscaping improvements that are to be constructed and installed within the subdivision. Section D specifies how and when monies are to be released back to the developer. Please let me know if you are aware of any issues with the required subdivision improvements. We have just received the first building permit application for the free market portion of the subdivision. Thanks. cc: John Worcester, City Attomey ."';":~,- &- .~,~, ,,,' '-"'_'}!" ~~l$. iI' II _Of ,->/ '."" .P'O'...21...": 1Iwo<"",l1ln2~1.H~G _l1lSl"I.lllCIlI D&llolmu.: Auqust 17,1996 I IRREVOCABLE STANDBY LETTER OF CREDIT NO. SC 1984 AOVlSINGBANK: tof~ntof...PPLlCANT, . None Creek-stone Suilders, Inc:. 4545 Post O.k Place, Suite 100 HQuston, Tex;!.s 77027 ~':' r,;;"." :,;1 iII!aYO,olllENEAClARY; uploanlggregaluAMOUNTor City of 1\.spen, Colorado US$310,672.00\Three Hundred 130 South Galena Too Thousand Six Hundred Aspen, Colorado 81611 Seventy Two and No/lOa 1\.ttn: 1\.spen City Attorney U. S. Dollars) John Wore."t.r EXF'lR't'OATE: 1\.u"ust 11 1999 ., M offi~ We tlerebyiM"" ",,,I,,,,.ooabIU Lelte,"fC,&dillnYOlJl Ie.", DRAWN ON scunlWEST BANK Of ~~L~BMBfl~A~~R~&A~y;-~, TX 77027 ANO BEARING THE CLlUSE .D'a"'nWldarslluttiwealBanl<1I1T.....,N,..."Star>dbyL..tl&rQ1CrudliNo,~984 DllIed .lrr.Il'>'I'.1L-l9ga_,. TO BE ACCOMP...NIED flY THE ORIGINAL OF THIS LETTER OF CREDIT "'NO THE FOLLOWING DOCUMENTS: " A writt.n d'llI,Ilnd f~lIfIl th, City C1f Aspun, Colorado .hClwinq name and title ofthu aiqnar, .tatinq as fO}!OW" ,'-. ,~(ll CU<9laton. h in defa\llt in tlw perfo.-m.nc~ Of it~ obll<litillll to conllt~uct a~bdivisioll Ind 1~ndscsPill1 i~prov.m.nts ~n acco~d.nc. wit~ Sections C and D of t~a SWxlhhioll ~n'Bl.nt C1r Mocklin SWxlivislon recorded J~ne H, 1996 at ,; RtIc.ptioIlNo. 393680 in the Offic. of the Cl.rk and Reco~d.~ of Pitkin Co~nty. Colorado, alld, '" S~ch d.fo~~t ho' r'lISill,d ~Ilc~~,d fOf . psriP<1 C1t at 'hut " day' teHewing writt.n IlQt~c. Qf d.t.~tt trom the Ci~y to Cnekstolle,N Sp.ci.l Conditional " ;~~ '.'t.." ~ . " ~;'< r<"~ "")'.}~ A. P~rti.l ,dr,w~~<ll ptlrlllitted. <; ,~, ., This Lett.r of Crsdit .hall be a\ltom4ticallY ~xtelldad tor an additional pe~iod C1f On' y.ar tr~ the' pr,s'llt or ..ch f~tur' expi~stion date ~nlel' we have Ilotit~ed the City of Asp'll, ill w~itillg, Ilot lesa thall 60 days befClre s~ch .xpir.tioll date, t~t w. .lect not to ~sllew I~ch Lltte~ of C~edit. O\Irnotice Of aunh .l.ctioo Ihill b. a.nt bY c.~titisd mail, .-at~rn ~Bcaipt nlquusted, 0' rad.r.l ~pr.llr tCl the City of Asp.n, Att'1)tiolll City of AlIpen, 1\ttentioll' City Attc~n.y, 130 So~th Gal.lla Str..t, Asp"ll. Cdondo 81611 ,. Southwest Balik of Texal, N.II., ~epresallt. alld w.r~~llts tCl the city of Aspell that it hn t~ll '\Ithority Illd power to iss~e this L~tte~ of C~edit to the City of ASpSIl, in the total amount alld for the putiod ot time stated he~eill; said .I~thofity beillg ,p\l~lI~'llt to the law. of th. Ullited Statel, or th~ State o~ T.rrito~y whiCh qov.~na thu uatablishmllllt ~nd req~l~tioll of So~thweat !lank of ..", ,:,T<9..', N.A" .nd So~th....t Balik ot Tal<4S, 11,1<.'. Cha~ter, by-laws and othe~ appliclbl. ~\I1as .nd ~e9ulation. adoptad the~.to. Should it be nllccesa,y tor "~h. Citt,C1t Aap.n to tile lI~it'ln III Iffo~t to 'Ilfo~c~ t~ill I~~.vocable Latt.~ '.; of Cr.~ t, So~thwI.t Bink ot Ta~al, ,N,A_, ha~.by waival III venue ~ighta Slid .ub=it to tha ju~illdiction ot the Oist~ict cou~t ill alld tOf the County of Pitkin, Stat, Qf Colorado. ...u....................................................................... . "'I ,~, '; ;..- c , .. I~ I ~ , I I , I ! U....lIt OIherwlH lI><P<8H1y atated. 1"'0 cre<l~ I. I\lbj"'" Ie lh. 'UnlIOfm CullOml and F'l'acUCI 10' OOaimant.vy C,.dill" al li,"dl>~ ttle 1<>1..,. l'IlItIoollICl\amb"'OICommarc.lIlllffacl&liOllhadat~ofls:wancllhl<rtl<>~tx:t' (1993 REVISIctO) Ice PUBLICATION 00. 500. WE HEREBY ENGAGE WITH YOU, THAT ALl OAAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE lERMS OF TillS CRE.DIT WilL BE DUlY HONORED, If' ORAWN AND PRESENTt:O FOO PAYMENT AT OUR OFFICE IN HOUSTON, TEXAS ON OR BEFOOE THE EXPlRATIONDATEOFTHISCREDH, OOO,....'.,>!\I1l Southwes~ Bank of Tvxas. N,A, tW 2!u ~Af[fr{r-P;fPL~rtd: ."af?~'-H.\mI1~1G~. '''' (-.1"', '"..1,.,.1 <\"1' I l'XIIII'iT A -.....--- EXHIBIT A 1'.~Kt:EI. A: --- A trilct o( l~nd sJtu~t"d In the Soothwest I,; of 5eet1<", 7. TownshJp 10 South, HOllIe B~ West of the 6th Princ~pal Meridian, morep"rticulilrly described ~s (ollows; Uq;lr1ldng at u point 'whcnC':c the r.cntcr ~ cnrner of SCC"tJOI\ 7, "0\J11Hhip 10 South, Itilll!:" ~~ Wcst..o( tilt: bth I'rlnrlpal Herldlan, bears N S~057':'~" I:: 1042.6~ reet; thellee 5 170-!.1'JO" r:, J~7.~~ (eet; th,,"e-c S Hy02D'00" Ii 1~1.~6 (eet; tllt'nce 5 000',0'20" W IHY.~Y fect; t lu.:nc(.' S H<J. 20' 00" E HI,. ()4 r ct: t ; tl"'IlI,:e S J)0]1'27" E "i77.)', (eet; th"'H:e N 5600l'IW' W 1>1.12 feet; tIU,'.lCC N o/.o4y'45" \.I J03.50 fct:l: tIH'I\<'~C N 72000'UO" OW 100.OJ ft:~t; lh"llre N 7~o05'OU" W 5(J.25 fcet; thL"Iwt.. N Hl "')7'00" \J JOO.OO ft::cc; thl'nee N 700'55'00" W Y~. 72 feet; lh"nce N 48000'2J" W 100.12 feet; thence N 270S1'~8" E ',O'..~8 feet to the point of bel;lnning. I'AKt:l::L B: -- . :- A tract of land situa'ted in the NEI:; of the S~ of Sect ion 7. Township 10 South, Kange 8~ West of the 6th Principal Meridian, more fully described as follows; Beginning <It a point whence the center ~ corner of said Section 7 bears N ~So,28'51" E 9,.8.~S feet; Thence N 00040'00" E 2~.8~ feet to a point on the southwesterly right of way of l.one I' J ne RO<ld; thence along sald right of way 105.56 feet "long the arc of a curve to the right hudnl; l! radl',s of 25b.76 feet and whose chord beurs S 27018'07" E 10~.82 .feet; Theile" 5 JS"Jl'27" E 127.21 fe"t along said rIght or wilY; thence N 8y020'00" W 8~.6~ feet; thence N 000~O'20"r: 189.89 feet to the point of bel;innJng. ~, !:-,. .5':!.5bBfll ~&/14/9& ~9:17A PG 12 OF 21 --j~~ , -.,- 4Z.'!!', .n~. ~;\J.'~ te~'- -"'l I... ,< [ """':--='1 .. 1 ~ 'I Z " i ! ~ I_I ~ ! ::ffil I :iI"'P' i I:j I" , "~~~ ~-- -' .,.., I i rr""'1 ~ I ' ~ III C tt t, 1'--'-; I ..... (\J lJ.. 0 1'1 ... (!l Q. a: r- ... '" '5l .0 i '" "- I 4- ... ! "- ..0 '5l '5l Cll ... 1'9, '" M I I I i ,r--... i ! \--1 , .. ~ , I ; _01':1 011.......... I ~ ..,......, I , ~ I o ,'1 I i J . , , " , w Z o ~'~'~' ~ ~ li ~ :;: , '" , ! '. " r :1'r a ~ (J; ! ~ .cl~I' j cl~'V'i ~ ~ '-"I'~ I ~ ' ~ , ~~ ~ il H " :! 'I II . [b,._ I I < OJ; :: z! <{ .1 '" }-, 2 <1 3 / Ii Ii Q' z f- 0- ...; - < ~ w ~ , , l! i' il I 'I "-~I " - 1-_ ..:s1,!:!:..~1 J'J.'r , ~ ,;- EXHIBIT B _s'~__ ~T'"t 1 - ''I' , ~ 1 .,;- 01. . ~l~~ ... <'). , . , -, - ~..,. -t ,.I ~ " - 10" ~s- _ ~ , 0 0 <( 0:: 0 -' 8 '" ~ Q.. '" 4: '" < 0 ". W' z 0: "' ':Z: 5 '" 0 '" 0 @ ~ =, (Q) d = .2) I @} C= 8 r-'Ul ~ C= I~ r:€ '(ill; i ~ r -.::..J 1$ ! , ,8 = d ~ (8) @ ~ , " I I I i , I i I I , I ! i ~ 1, - I 8 i'!~ _ -, . ~ i' ~f' : r17,~; I . I I L, ~ Cl, !,' I ..'" II <r-" ",. ~~'~! If,; I [, '2 ,IlL.' _ - A ,i '~ ' " L, ,; ~ :a j ~ tJ:, ,~l <! A ~ ~I I 1 ; I li~;i , " / ~ :3 0 a < '" -- - 0 ,.,':0 ~ ,1,'1 -'~ IF,~ .'fi.''l .i,'; 0 u [ 1oI~"M3QIS .....^ I I 'n z " r w I .. .,-,fJ:- :t I I . " t ~, ~J '" ~ ., , J '0, r:: ~ ~ -< I 2 " . " .9 ' I w I w I z I " I I , . W ---' ""'" ! 'I' I z ....1 ~........, '-- ~...t s>l 1 0 i '.... ~ -' ! -"/ I, i '" I I I '" '" . ~ '" I , ~ I I ~ i. I @ . I ~ . .~ I 0' r .... I -- I ~ {\ ~ I '" '" t ' I ~ I = ) I ) I l'! I g' ~ \ iii I . 1 I " I ,=:0 . L_J " ~ f I = '-:::\O~Y""~Q1l;; ~ 0, 2) It..l.l'In.. ... / J @l I , ''''T'''A 'j I- I g_ll I G= . ' I - i~'; Jj 1.i'IEla: I '0' .~ :, I r;J - ~ ,~ z I' 11 u ll::::O ~ I ~ ~ ~ II Z I I' I 2:5 "I I . ~li ... 2 ~ '0' ('IJ . .~ r~l . -~ I G= > ..~ I:. I'~ ~ ,'"-, . I a , IJ.. ~ . If = ~ '! ~ ~I . 0 ~ " 5 ~! i s LI -. ~ u ~ r~'~ <t 8 w i~ . ... 3 i , c:€ (!) 1 CL I I r 0 ~' I" a: ~ "- .~ . [j ... ~/"':"r .~ ~, "0,1 ~! w .. 'r Q Cf' a- ~ '~l ~, s / 1 ~ u = , ..0 ~~I 1 , =:0 Cf' , " d ..... , 1 I " ~ ~ <t '" ~< z ~ ... -~ I Ii: i "'I <8> >" I ,ii" ..... S' ~ " " ..0 ffi ;:~ I z " @ . [' ;; ~ s ~ ). 0 I f I. I 2:5 i:;i S '. - ------- - -\ '", <tI ~ , 1__- I .ll'I,_ ..0 I!I M iii ~~y.....~ ~ " " ~ Cf' '" '" ~ M '9l'\\~1II'r'" " '" ~ - -- ~ '" 2i '" ,0,<71 ,;,1)(1 .a,a ..r,B ., % ~ ~ -N~ l:tl . lis ill " . :5~~: I I I o t:: I I .., I ;J ~ < ~ . . w. "" s~ ~~ .' < w "" :i 0 . z I r' f! ," .. q ;;1 , { r-' , ... ('\J IJ.. o I 5 RI~ ~ j-to! Ol iJ ~ ~ ill .~ I ~ " J " IL z ; I H ij-1l-' 100 ,I'" ~ I"'''''' ~ I.~' ~l . I ; U1 ... ~ ~ .. " '" ~ (!] a. a: I"- ... 11' S ..0 11' "- <t ... "- ..0 S . z 3 , . S ell ..0 M 11' M 4'.1' '4' II'~ ,- - > IO'~. ~ , ~ ~l :.., ~ " -~ z - . :; ~ 'I -Q,i -~' .. , -- 'l ~ ~ '"' w OJ 2;'- ~, ~ w >, ~ z w co a: <Ji :z ... .. u. ~~- a: o o -' "- :::'1, -g: -~ 9 8 :z w ~ iil 'l' ;s: ~ 5 ~ ~ @ ~ C--::J . g d = dl 00 D- ee., ) c:-/ ...::J Q:::!J >~ Cr= @g .~ (Qb ~ o @ o ~ . I d ~ CSd) ~ ~ :i. ~ :i. '" .. '" '" ~ i1 ill ~ = ~ ~ z E P"t? . Zj a 03/07/96DA TE SANITARY SEWER IMPROVEMENTS SCHEDULE "A" BANNER ~~. ~- EXHIBIT C MOCKLlN SUBDIVISION INFRASTRUCTURE IMPROVEMENTS ENGINEER'S OPINION OF PROBABLE COST ITEM DESCRIPTION ----------------------------------------- ------------------------------ -------------------------------------------------- TOTAL QUANTITY UNIT UNIT PRICE ------------------------------- ------...---------- ---------------------------------------------- Mobilization 8" SDR 26 PVC 4' Dia. Manhole 4" PVC Service 8"Service Connection Saw-Cut Existing Asphalt RemoveExisting Asphalt Remove Existing Curb and Gutter Replace Existing Curb arid Gutter Replace Existing Asphalt Aggregate Base Course Televise Sanitary Sewer Engineering Inspection Traffic Control 1 LS 462 LF 6 EA 6 EA 6 EA 50 LF 20, SY 80 LF 80 LF 4 TON 18 TON 462 LF 1 LS 1 LS $1,000.00 $30.00 $2,200.00 $1,500.00 $40.00 $1.10 $4.~0 $3.00 $14.25 $48.00 $18.00 $1.50 $4,500.00 $3,200.00 $1,000.00 $13,860.00 $13,200.00 $9,000.00 $240.00 $55.00 $90.00 $240.00 $1,140.00 $192.00 $324.00 $693.00 $4,500.00 $3,200.00 Sub-Total ------------------------------- -------------------------- --------------------------------------------- $47,734.00 WATER IMPROVEMENTS SCHEDULE "B" ITEM DESCRIPTION ....----------------------------------------- ------------------------- ---------------------------------------------------------- TOTAL QUANTITY UNIT UNIT PRICE -------------------------------- -------------------------- -------------------------------------------------- Mobilization Saw-Cut Existing Asphalt Remove Existing Asphalt Replace Existing Asphalt Aggregate Base Course 8" Hot Tap Sleeve and Valve 8" Wet Tap & Valve 8" D.I.P. Fire Hydrant Assembly 8" Gate Valve 8" Bend 1" Copper Service Connection wI Tap 1" Blow-off Traffic Control Inspection Fees' 1 LS 60 LF 50 SY 12 TON 16 TON 1 EA 1 EA 512 LF 2 EA 1 EA 6 EA 6 EA 1 EA 1 LS 1 LS $1,000.00 $1 .1{1 $4.50 $48.00 $18.00 , $2,700.00 $4,500.00 $32.00 $3,200.00 $625.00 $150.00 $1,700.00 $750.00 $3,200.00 $3,000.00 $1,000.00 $66.00 $225.00 $576.00 $288.00 $2,700.00 $4,500.00 $16,384.00 $6.400.00 $625.00 $900.00 $10,200.00 $750.00 $3,200.00 $3,000.00 Sub-Total --------------------------------- -------------------------- -----------------------.----------------------------- $50,814.00 393680 06/14/96 09: 17A PG 16 OF 21 03/07/96DATE BANNER ..., .' 1 "DllJlljlIllM..... ---------------------------------------------------- ~._------------------------------------------------------------------------ COST SUMMARY SCHEDULE TOTAL ---------------------------------------------------- ---------------------------~----------------------------------------------- SANITARY SEWER LINE "A" $47,734.00 WATER LINE liB" $50,814.00 SUBDIVISION ROADWAYS AND PARKING AREAS "e" " $43,474.00 PRIVATE UTILITIES "0" $61,280.00 DRAINAGE IMPROVEMENTS "E" $12,738.00 ---------------------------------------------------- --------------------------------------------------------------------------- TOTAL $216,040.00 NOTE: TAP FEES HAVE NOT BEEN INCLUDED IN THE ABOVE PRICES 393680 06/14/96 09:17A PG 19 OF 21 03/07/96i..JA I t:: SUBDIVISION ROADWAY AND PARKING AREAS SCHEDULE "C" ----------------------------------------- ----------- BANNER - -------------------------------------------------------------------- TOTAL ITEM DESCRIPTION ESTIMATED QUANTITY ---------------------------------------------------------------------------------------------------------------------------- Mobilization Clearing and Grubbing Unclassified Excavation FiJI Aggregate Base Course Hot Bituminous Asphalt Signage Concrete Sidewalk Aggregate Base Course Hard Surface Walk 1 1 500 560 450 320 1 2325 62 1 UNIT UNIT PRICE $700.00 $3,200.00 $2,500.00 $3,360.00 $6,750.00 $12,800.00 $250.00 $9,300.00 $930.00 $3,684.00 Sub-Total -------------------------------------------------------------------------------------------------------------------------- $43,474.00 ' LS LS CY CY TON TON EA SF TON LS $700.00 $3,200.00 $5.00 $6.00 $15.00 $40.00 $250.00 $4.00 $15.00 ' $3,684.00 NOTE: Revegetation including placement of topSOil on road cut/fill areas has been included in the iandscape cost estimate. PRIVATE UTILITIES SCHEDULE "0" ITEM DESCRIPTION QUANTITY ------------------------------------------- ------------------------- ----------------------------------------------------- TOTAL UNIT UNIT PRICE ----------------------------------------- ------------------------- -------------------------------------------------- Mobilization 1 LS $1,000.00 $1,000.00 Joint Trenching 1165 LF $14.00. $16,310.00 Holy Cross Contract 1 LS $15,500.00 $15,500.00 US West Comm. Contract 1 LS $6,640.00 $6,640.00 KN Energy Contract 1 LS $2,200.00 $2,200.00 Street Light 6 EA $2,700.00 $16,200.00 Street Light Electrical Service 490 LF $7.00 $3,430.00 Sub-Total -------------------------------------------------------------------....----..---------------..-----------------..--------------- $61,280,00 393680 06/14/96 09:17A PG 17 OF 21 03/07/96DATE DRAINAGE IMPROVEMENTS SCHEDULE "E" BANNER 'IIl'J4'" rrT ~ ITEM DESCRIPTION --------------------------- ----------------... ----------------------------------------------- QUANTITY ----------_.._---------..;.------------- --------- Mobilization 6" CMP 12" CMP 18"CMP Rip-Rap End Section 1 000 Gallon Drywell Type 2 Curb and Gutter Aggregate Base Course 6'V-Pan wi Fillets UNIT UNIT PRICE TOTAL ---- ------------------------------------------------ 1 LS $700.00 $700.00 25 LF $20.00 $500.00 49 LF $22.00 $1,078.00 75 LF $28.00 $2,100.00 5 EA $125.00 $625.00 2 EA $3,200.00 $6,400.00 60 LF $14.25 $855.00 12 TON $15.00 $180.00 20 LF $15.00 $300.00 Sub-Total ----------------------------- --------------------------- --------------------------------------------------- $12,738.00 393680 06/14/96 09:17A PG 18 OF 21 , s- 'VlfZF- INCORPORATED March 1, 1996 Mr. Sunny Vann Vann Associates, Inc. 230 W. Hopkins Aspen, CO 81611 RE: Mocklin Subdivision Dear Sunny, Pursuant to your request I have prepared the following cost estimate for the proposed landscaping at the above referenced project. These costs are based on 1996 contract unit prices adjusted for inflation to 1997. The Mocklin Subdivision Landscape Plan dated March 1, 1~ has been used as a basis for this estimate. 1. 13 Cottonwood, 2-3" caliper @ $250/ea: 2, 21 Aspen, 2" caliper@ $150/ea. 3. 9 Dogwood, 5 gallon @ 35/ea. 4. 12,000 s.f seed@ . 12/s.f 5. 111 yards topsoil @ 30/yd 6. 12,000 s.f finish grading @ .04/s.f Total $3,250.00 3,150.00 315.00 1,440.00 3,330.00 480.00 $11,965.00 If you have any questions or comments or should you require further infonnation please do not hesitate to contact me. Sincerely, '-e(J(~ Thomas G. Stevens 393680 06/14/96 09:17A PG 20 OF 21 312 E, Aspen Airport Business Center, Aspen, Colorado 81611 (303) 925-6717 FAX: (303) 925-6707 February 20, 1996 SunnyVann Vann Associates 200 East Hopkins Aspen, Colorado 81611 RE: Mocklin Property Easement Dear Sunny: Thank you for contacting RFT A in regards to a transit easement on the Mocklin property adjacent to Lone Pine Drive. After our sight visit to the existing RFT A stop, it appears that there is adequate space available within the current right of way for the construction of a bus shelter. This is based on the assumption that the area 15 feet back from the existing curb is in the public right of way. Should this be the case, RFTA would not need an easement for the installation of a bus shelter. Since you are considering the installation of street lights and sidewalks along Lone Pine Drive, with careful planning you could provide a great service to the residents of the neighborhood at no additional cost to your client. If the spacing of your proposed street lights could be done so that one is strategically located near the existing stop, it would greatly improve the safety of those people using the bus stop at night. Second, if you could have the contractors responsible for the sidewalks and street lights contact RFT A prior to construction, RFT A would like to discuss the possibility of installing conduit and pouring a pad while they are doing the initial construction. It could provide a substantial savings for the Agency. - Once again, thank you for contacting RFTA. Your willingness to work with RFTA is greatly appreciated. If you have any questions, please feel free to give me a call. Sincerely, ' t""'^\ ()~<. Kenny Osier Director of Maintenance 39368121 cc: D, Blankenship D. Michaelson 1216/14/96 1219:17A PG 21 OF 21 51 Service Center Drive A~pen, Cnlmado 81611 . Tel: 970-920-1905 Fax: 970;920-2864 , , f r"\ """" MEMORANDUM TO: Stan Clauson, Community Development Director Mitch Haas, Planner~ APPRO\JED Mocklin Subdivision Insubstantial Plat Amendment. Parcel LD. No. 2737-073-23-001. JU" 12 \998 June 10, 1998 . O?h\ill1D\Rt;C1OR COI.II.IUtllT'i~~t>.S~ .___. SUMMARY: The applicant, Creekstone Builders, Inc. (represented by Vann Associates), is requesting approval of an Insubstantial Plat Amendment to the Mocklin Subdivision, which is located adjacent to the intersection of Gibson Avenue and Lone Pine Road. Two amendments are requested: first, the subdivision's sanitary sewer plan has been revised to eliminate the necessity for lift stations on Lots 1 and 2; and second, the applicant would like to revise one of the plat notes (effectively revising one of the original conditions of approval) in order to eliminate a conflict with another condition. These two requests are elaborated upon below, FROM: RE: DATE: Community Development staff recommends approval, with conditions, of the requested Insubstantial Plat Amendment for the Mocklin Subdivision. Referral comments from the Engineering, Environmental Health, and Parks Departments as well as the Aspen Consolidated Sanitation District are attached as Exhibit B. APPLICANT: Creekstone Builders, Inc., represented by Vann Associates, LOCATION: Adjacent to (at) the intersection of Gibson Avenue and Lone Pine Road. ZONING: R-15A (Lots 1-6 and access road) and AH-l/PUD (Lot 7) CURRENT LAND USE: Lots 1-6 are vacant, and Lot 7 contains a multi-family residential structure. PROPOSED LAND USE: Detached, single-family residential on Lots 1-6; deed restricted (affordable) multi-family housing on Lot 7. BACKGROUND: The Mocklin Subdivision was approved by City Council Ordinance Number 35, Series of 1995. A final plat, access road plan and profile, grading and drainage plan, sanitary sewer plan, water plan, private utilities plan, landscape plan, and subdivision agreement were recorded with the Pitkin County Clerk and recorder on June 14, 1996. The Subdivision is still undeveloped and maintains vested property rights status through September 11, 1998. The applicant intends to begin construction of the Subdivision's infrastructure upon completion of this requested Insubstantial Plat Amendment. ,,-,, ~ STAFF COMMENTS: In order for this proposal to qualify as an Insubstantial Plat Amendment, the request must comply with Section 26.88.050(A), which reads as follows: A. Insubstantial amendment. An insubstantial amendment to an approved plat or between atijacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Community Development Director finds has no effect on the conditions and representations limiting the approved plat. RESPONSE: The request to amend the plat in order to allow for a superior sanitary sewer plan involves modifying the utility plans that were recorded as part of the plat. The design of the sanitary sewer plans will need to be reviewed for compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications before they can be approved. The contractor for development of the on-site system will need to be approved by the District and be qualified to work in a Superfund Site. The District will require easements for future maintenance and repair of the on-site system, and said easements must be granted according to standard District form, including a requirement that said easements be indicated on the revised plat. The second reason for the requested amendments pertains to an apparent conflict between conditions 4,g. and 5,b. of Ordinance Number 35, Series of 1995, which granted approval of the Mocklin Subdivision, Condition 4.g, required that the Subdivision Plat contain a note prohibiting development and/or disturbance outside of the designated building envelope in order to protect the natural landscape, but the installation of native vegetation for landscape purposes was specifically exempted from this condition. This condition was memorialized as plat note number 3. on the recorded final plat. The conflicting condition, number 5.b. of Ordinance Number 35-95 requires that the Subdivision comply with the Institutional Controls which have been adopted by the City for the Smuggler Mountain Superfund Site. This condition is memorialized in paragraph E.2. ofthe Mocklin Subdivision Agreement. The apparent conflict between these two conditions arises from the fact that compliance with the adopted institutional controls requires that all disturbed soils or materials that contain lead concentrations of 1,000 parts per million or greater be removed from the site or disposed of on-site in a manner consistent with the controls and acceptable to the 'Aspen/Pitkin Environmental Health Department. In addition, contaminated soils which are not disturbed must be remediated (i.e., covered with at least one foot of uncontaminated soil) in order to obtain a "clean bill of health" from the EP A. Portions of the Mocklin Subdivision located outside of the designated building envelopes contain contaminated soils, Thus, site remediation requires work, other than native landscaping, to take place outside of the designated building envelopes; hence, the conflict. 2 r" ~ To address this conflict, the applicant requests an insubstantial plat amendment to revise plat note number 3, in order to permit such disturbance outside of the designated building envelopes as is reasonably necessary to comply with the institutional controls and to obtain EP A certification that all contaminated soils have been remediated, While the Mocklins were aware that their property was located within the Smuggler Mountain Superfund Site, the extent of the required remediation had not been determined at the time the Subdivision was approved, Also, the requested revisions to the approved sewer plan were, at the time of the approvals, thought to be the best way of providing sanitary sewer service to the affected lots. The applicant has committed that, while disturbance outside of the designated building envelopes would be required, they will limit the disturbance and associated removal of vegetation to the minimum required to comply with the institutional controls and the recommendations of the AspenlPitkin County Environmental Health Department, and to obtain EP A certification. Existing vegetation would be preserved to the extent feasible and all disturbed areas would be revegetated with native species. The applicant has also stated that they will submit to the Environmental Health Department a fugitive dust control plan and a construction and soil disturbance plan which adheres to the institutional controls as required by condition number 5,b. of Ordinance 35-95 and paragraph E.2, of the Mocklin Subdivision Agreement. The applicant has also committed to, after the soil remediation activities are completed, limiting all building construction to within the designated building envelopes, as originally approved, and to limiting all road and utility construction to within the right-of-way and easements depicted on the recorded final plat. RECOMMENDATION: Staff recommends approval of the Insubstantial Plat Amendment for the Mocklin Subdivision with the following conditions: 1. All conditions of prior approvals, as described in Ordinance 35, Series of 1995 remain in full force and affect as conditions of this approval, with the exception that condition 4.g. of said ordinance is hereby amended to read as follows: "The final plat and plan shall include notes preventing future development, including without limitatiou landscaping (other thau native vegetation), feucing, patios, decks, hot tubs, and all other development outside of the building envelopes to protect the natural landscape; however, disturbance of areas outside of the designated building envelopes as is reasonably necessary to comply with the Institutional Controls, and to obtain EP A certification that all contaminated soils have been remediated shall be pennitted provided the applicant limits the disturbance and associated removal of vegetatiou to the minimum required to comply with the Iustitutional Controls and the recommendations of the Aspen/Pitkin County Environmental Health Department, and to obtain EP A certification. Existing vegetatiou shall be preserved to the extent feasible and all disturbed areas shall be revegetated with native species, in accordance with a landscape plan that is reviewed and approved by the City of Aspen Parks Department. After the soil remediation 3 > '" " ,-. , , t""'\ activities are completed, all building construction shall be limited to within the designated building envelopes, as originally approved, and all road and utility construction shall be limited to within the right-of-way and easements depicted on the recorded final plat." 2. The revised plat shall indicate the limits of the existing trail easement, but shall not show the "trail centerline," is the centerline tends to move from time to time; but is always within the easement. 3. . The stairs at Gibson A venue must not be disturbed by any utility excavation or installation, and any potential impact to the trail, stairs, or landscaping must be fully coordinated with and approved by the City parks Department. 4, No trees shall be removed or relocated unless the appropriate permit(s) have been issued by the Parks Department Forester. All trees shown to be preserved must have construction or snow fencing placed around the perimeter of the drip line of the trees, and no excavation or placement of fill shall occur within the driplines of these trees. 5. Prior to the issuance of any building permits, the sanitary sewer plans must be formally reviewed and approved by the Aspen Consolidated Sanitation District (ACSD); the cost of this review and subsequent construction observation shall be borne by the applicant and the funds covering these costs must be placed in escrow with the District prior to construction; the contractor for' the sewer work must be approved by the District and qualified to work in a Superfund site; easements for the future maintenance and repair of the on-site sewer system shall be granted according to standard District form; a contractor's bond and insurance is required to guarantee the system for a period of two years, 6. Any utilities to be placed in areas of fill shall meet the minimum depths for utility measured from final fill and grading, 7. The applicant shall install streetlights concurrently with the installation of infrastructure improvements. 8, Pursuant to Section 26.88.040(C)(4)(a)(20) of the Aspen Municipal Code, the applicant shall install a survey range point monument, and it must be tied to the new City survey grid. 9. All material representations made by the applicant in this application shall be adhered to and shall be considered conditions of approval, unless otherwise amended by the Community Development Director, the City Engineer, or a Board/Commission having authority to do so. EXHIBITS: Exhibit A - Application Packet; and, Exhibit B - Referral Comments APPROVED BY: ~i9-~ (.,12.q~ Community Development Director 4 r-, .'-' MEMORANDUM TO: Mitch Haas, Community Development FR: John D. Krueger, Trails Coordinator, Parks Department Date: June 2,1998 RE: Mocklin After reviewing the plans we have on the proposed Mocklin Development, the Parks Department would offer the following referral comments: I. The "Trail Centerline" as represented on the drawings is not accurate. The trail was recently reconstructed and located totally within the trail easements on both Mocklin and the Lone Pine Subdivision. It does not exceed the trail easement as shown, The stairs recently constructed are also located within the trail easements and seem to be accurately reflected on the drawings. 2. Any construction, excavation, or development must respect the trail easement agreement between the City and Mocklin executed in March of 1995. Any disruption of the trail or landscaping associated with the trail must be fully restored. A temporary trail or detour must be provided during any disruption, excavation, or construction, 3. The stairs at Gibson Avenue must not be disturbed by any utility excavation or installation. 4. Any potential impact to the trail, stairs, or landscaping must be fully coordinated with the Parks Department. 5. Any tree removals or disturbances must be coordinated with the Parks Department Forester and will be required to follow all applicable tree removal permits procedures. 6, Any revegetation efforts must be coordinated with the Parks Department. " ~ . .~ ~ 1~4f18lT "rr} ~ MEMORANDUM To: Mitch Haas, Planner Nick Adeh, City Engin~<< Chuck Roth, Project Engineer e"t:- Thru: From: Date: May 27, 1998 Re: Macklin Subdivision Insubstantial Plat Amendment The Development Review Committee has reviewed the above referenced application at their May 13, 1998 meeting, and We have the following comments: 1. Environmental Health - Tom Dunlop has met with the applicant concerning the interest in removing all contaminated soils from the site which would require work outside of the approved building envelopes, It was explained that two thirds of the site is contaminated, . The existing aspen trees will remain undisturbed, 2. Aspen Consolidated Sanitation District - The District uses a qualified superfund contractor services for their work in hazardous soils area, but Tom Dunlop said that this qualification is not a state or local law requirement. 3, Streets Department - Any utilities to be placed in areas of fill should meet the minimum depths for utility measured from final fill and grading, 4. City Electric Department - This project is outside of their service area, however they do continue to receive complaints about insufficient street lighting on Lone Pine Road. The applicant will install street lights along with the infrastructure improvements. 5. Parks Department - The centerline of the existing trail is not correctly shown on the plat map, The applicant will need to work with the new City forester regarding tree plantings and disturbances, The new Lone Pine Stairs may not be bored under for utility work. 6, Fire Marshal ~ Any buildings of more than 5,000 square feet must be sprinklered. When water extensions and taps are considered, the fire suppression needs must be considered. I , r 6 . ~ ~ 7, Survev Ranl!:e Point Monument - The applicant is required to install a survey range point monument (City Code g26.88,040.CA.a.(20). It must be tied to the new City survey grid. 8. Native Vel!:etation - The reason that building envelopes were designated was to preserve existing native vegetation. See Section 3, Paragraph 4.g of Ordinance No. 35 (Series of 1995). The applicant should be required to provide site plans and photographs of existing vegetation outside of the approved building envelopes and to replace the vegetation in like species, sizes, and locations. 9. Bus Shelter Easement - See Section 3, Paragraph 6.b of Ordinance No. 35 (Series of 1995). The final plat did not indicate an easement on Lot 6 for a bus stop. RFTA is planning to install a bus shelter at that location, and an easement is greatly appreciated for a bus shelter. 10. Work in the Public Ril!:ht.of.wav - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights-of-way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes, street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from the city community development department. DRC Attendees Staff: Tom Dunlop, Mitch Haas, Rhonda Harris, Ed Van Walraven, Bill Earley, Ross Soderstrom, Tom Bracewell, John Krueger, Jack Reid, Chuck Roth 98M122 2 1"""\ ~ MEMORANDUM To: Mitch Haas Planner . From: ,Thomas S. Dunlop, Director a-...:JD Environmental Health Department ' ASPEN' PIrKIN ENVIRONMENTAL HEALTH DEPARTMENT Date: Ma)' 22, 1998 Re: Mocklin Subdivision' Insubstantial Amendment The Environmental Health Department,has met with the applicaht and reviewed the proposed insubstantial amendment relative to soil removal at the M?cklin Subdivision. The condition of approval requested by this offic() is as follows: The l!Pplicant 'must comply at all times' with specific conditions of the City of Aspen Institutional Contro~ Ordinance that ~regulates movement of soil within the ~muggler Mountai/l Superfund Site. ' 1ur.macklin.doc 130 SOUTH GALENA STREET. ASPEN, COLQRADO 81611-1975 . PHONE 970.920.5070 . FAX 970.920.5197 Prinled on Recycled Paper Tele. (970).925-3601 Sy Kelly. Chairman Paul Smith. Treas. Louis Popish. Secy. (/f ~, G /" IL feS" ,'L ,L' n. L 'I JlSj- 17 OnS01.l0aLeO' an.lLaaOn .ASEF.lC 565 North Mill Street Aspen, Colorado 81611 May 12, 1998 , RECEIVED MAY 14 1998 FAX #(970) 925-2537 Michael Kelly Frank Loushin Bruce Matherly, Mgr. Mitch Haas Community Development 130 S. Galena Aspen, CO 81611 Aob't:N 11""1 l"K;l ~ COMMUNITY DEVELOPMENT Re: Mocklin Subdivision plat amendment Dear Mitch: First and foremost, the on-site utility plan has riot been approved by the District. Detailed plans need, to be submitted to our office/ engineer for review and, approval. The design of the system must, comply with the District's rules, regulations and specifications which are on file at the District office. The cost of the review and subsequent construction observation is paid for by the developer. A construction schedule is needed to estimate the amount of observation time that will be needed. Funding for the review and construction observation must be placed in escrow with the District prior to construction. The Contractor for the On-site system needs to be' approved by the District and qualified to wqrk in a superfund site. Easements for the future maintenance and repair of the on-site system will be required and must be granted according to standard District form. Once the on-site collection system is reviewed, approved, and built, the system will be televised by closed circuit camera, and then televised two years, later, at which time the system maybe dedicated to the District forownership and maintenance. A contractor's bond and insurance is required to cover the system during the two year period. Ifservices are to be stubbed out to indiyiduallots, then the developer will be required to pay 40% of the total connection chargeS estimated at maximum permitted build out. The feeis credited tothe rates in effect at the time development is complete. If the stubbed service is not used, then the fee is forfeited and used by the Districtto remove the stubbed service line and restOre the area. Please call if you have ariy questions. Sincerely, &-c~~~~ 2; Bruce Matherly District Manager EPA Awards of Excellence 1976. 1986. 1990 Regional andNatibnal r,' r"\ r\ ,,~' . VANN ASSOCIATES, LLC Planning Consultants May 4, 1998 VIA FACSIMILE Mr. Stephen D. Keller Creekstone Custom Homes, Inc. 4545 Post Oak Place, Suite 100 Houston, Texas 77027 Re: Macklin Subdivision Floor Area Calculations Dear Steve: The maximum allowable floor areas for the six single-family lots in the Macklin Subdivision are summarized below. Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 4,284 Square Feet 4,348 Square Feet 4,578 Square Feet 4,607 Square Feet 4,716 Square Feet 4,693 Square Feet The floor areas were calculated based on each lot's "lot area" as the term is defined in the Aspen Land Use Regulations (copy attached). More specifically, each lot's gross area was first reduced by the amount of any platted access easement located thereon. Five of the six lots required this adjustment. The remainder of each lot was then subjected to the City's slope reduction formula to arrive at "lot area" for floor area calculation purposes. The R-15A zone district's floor area ratio (copy attached) was applied to each lot's "lot area" to determine its maximum allowable floor area. The floor area calculation process which I utilized was reviewed with the City's Zoning Officer who confirmed the correctness of the methodology. While the resulting floor areas are believed to be accurate, it would be prudent to have the Zoning Officer review my calculations and also confirm'the resulting numbers. I have asked Sopris Engineering to provide me with copies of their easement and slope reduction data. Upon receipt, I will forward it to the City along with my allowable floor area calculations. Hopefully, the Zoning Officer will review the actual calculations and confirm the resulting floor areas. Please note, however, that any confirmation the City might give at this time will undoubtedly be subject to 230 East Hopkins Ave, . Aspen, Coioraco 81611 . 970/925-6958 . Fax 970/920-9310 r'\ ,~ ....~- Mr. Steven D.Keller May 4, 1998 Page 2 further scrutiny and verification at the time the individual building permits for the homes area requested. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, SV: Attachments cc: Arthur C. Daily, Esq. (w/attachments) c:\bus\city.!tr~tr35997.sk4 t \ ~ .~ lEitttBll "A -1 , VANN ASSOCIATES, LLC Planning Consultants April 22, 1998 HAND DELIVERED Mr. Mitch Haas Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Mocklin Subdivision Insubstantial Plat Amendment Dear Mitch: Please consider this letter an application for an insubstantial plat amendment to the Mocklin Subdivision, which is located adjacent to the intersection of Gibson Avenue and Lone Pine Road in the City of Aspen (see Exhibit 1, Preapplication Conference Summary, attached hereto). The application is submitted by Creekstone Builders, Inc, (hereinafter "Applicant"), the prospective purchaser of the property (see Exhibit 2, Title Insurance Commit- ment). Permission for Creekstone to submit the application has been granted by Peter and Monica Macklin, the property's current owners (see Exhibit 3). Permission for Vann Associates, LLC, to represent the Applicant and an executed application fee agreement are attached as Exhibits 4 and 5, respectively. Background The Mocklin Subdivision was approved pursuant to City Council Ordinance 35 on September 11, 1995 (see Exhibit 6). A final plat, access road plan and profile, grading and drainage plan, sanitary sewer plan, water plan, private utilities plan, landscape plan, and a subdivision agreement were recorded with the Pitkin County Clerk and Recorder on June 14, 1996. While the Mocklin Subdivision has yet to be developed, its vested rights status remains in full force and effect until September 11, 1998. The Applicant, however, proposes to commence construction of the Subdivi- sion's infrastructure upon approval of the requested insubstantial plat amendment, Proposed Amendment Two amendments to the prior Mocklin Subdivision approval are requested. As the attached letter from Yancy Nichol, P.E., of Sopris Engineering, LLC, indicates, the 230 East HopKins Ave, . Asoen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310 , r"\ r"\ Mr. Mitch Haas April 22, 1998 Page 2 Exhibit 7), the Subdivision's sanitary sewer plan has been revised to eliminate the necessity of lift stations on Lots 1 and 2. The revised sewer plan is superior to the previously approved plan, and has been reviewed and approved by the Aspen Consolidated Sanitation District, As the revised sewer plan deviates from the approved plan, an insubstantial plat amendment is requested. Copies of both the recorded sewer plan and the revised plan accompany this application, The second amendment pertains to condition number 4.g. of City Council Ordinance No. 35-95. This condition required the inclusion of a note on the final plat which prohibits development and/or disturbance outside of the designated building enve- lopes to protect the natural landscape, Please note, however, that the installation of native vegetation for landscape purposes was specifically exempted from this condi- tion. Although not specifically addressed, the installation of the Subdivision's access road and required utilities are also obviously exempt, as specific plans and alignments for these improvements were approved in connection with final plat approval. The required condition appears as plat note number 3. on the recorded final plat, a copy of which also accompanies this application. Condition number 5.b, of Ordinance No. 35-95 requires that the Subdivision comply with the institutional controls which have been adopted by the City for the so-called Smuggler Mountain Superfund Site, This condition was imposed due to the Macklin Subdivision's location within the boundaries for the site which were established by the United States Environmental Protection Agency. The condition is also memorialized in paragraph E.2, of the Mocklin Subdivision Agreement (see Exhibit 8). In general, compliance with the adopted institutional controls requires that all disturbed soil or material which contains lead concentrations of 1,000 parts per million or greater be removed from the site or disposed of on-site in a manner consistent with the controls and acceptable to the City's Environmental Health Department. In addition, contaminated soils which are not disturbed must be remediated (e.g" covered with a minimum of one foot of uncontaminated soil) in order to obtain a clean bill of health from the EPA. These requirements and the remainder of the adopted institutional controls are contained in City Council Ordi- nance No. 25-94 (see Exhibit 9), As the accompanying Contaminated Soils Map prepared by Sopris Engineering indicates, portions of the Macklin Subdivision property located outside of the designated building envelopes have been mapped by the EP A as containing contami- nated soils. These soils must be either removed or remediated on-site to comply with the adopted institutional controls and to obtain a clean bill of health from the EP A. As compliance will require disturbance outside of the building envelopes, the , ,,........., ,~ Mr. Mitch Haas April 22, 1998 Page 3 required remediation will arguably violate the requirements of condition number 4,g, of Ordinance 35 and plat note 3, on the final plat. To address this apparent conflict in the Subdivision's approval conditions, the Applicant requests an insubstantial plat amendment to revise plat note 3, to permit such disturbance outside of the designat- ed building envelopes as is reasonably necessary to comply with the institutional controls and to obtain EP A certification that all contaminated soils have been remediated. Pursuant to Section 26.88.060 of the Aspen Land Use Regulations, the Community Development Director may approve an insubstantial plat amendment based on technical or engineering considerations discovered during actual development which could not reasonably be anticipated during the approval process. While the Mocklins were aware that their property was located within the Smuggler Mountain Superfund site, the extent of the required remediation had not been determined at the time the Subdivision was approved. The requested revisions to the previously approved sewer plan also fall within the provisions of this section of the Regulations, While disturbance outside of the designated building envelopes will obviously be required, the Applicant will limit the disturbance and associated removal of vegeta- tion to the minimum required to comply with the institutional controls and the recommendations of the Environmental Health Department, and to obtain EPA certification. Existing vegetation will be preseIVed to the extent feasible and all disturbed areas will be revegetated, The Applicant will submit to the Department a fugitive dust control, construction and soil disturbance plan which adheres to the institutional controls as required pursuant to condition number 5,b. of Ordinance No, 35-95 and paragraph E.2. of the Mocklin Subdivision Agreement. In addition, the Applicant will agree that all building construction will occur within the designated building envelopes as originally approved, and that all road and utility construction will occur within the right-of-way and easements depicted on the recorded final plat. Upon receipt of the requested insubstantial plat amendment approval, the Applicant will prepare and submit for recordation a revised final plat and sanitary sewer plan depicting the amended plat note and revised sewer design, The recordation of these documents will avoid future confusion with respect to the issuance of required permits and subsequent purchasers' title insurance commitments. No revisions to the previously recorded Mocklin Subdivision Agreement are believed to be required. As the Applicant wishes to commence installation of the Subdivision's access road and utilities in as timely a manner as possible, your prompt attention to this matter would be sincerely appreciated, , ~ ~ Mr. Mitch Haas April 22, 1998 Page 4 Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, LLC SV:cwv Attachments cc: Stephen D, Keller Arthur C. Daily, Esq. Ronald Garfield, Esq. c:\bus\city.app\app35997.amd , !""\ ...-. EXHIBIT 1 CITY OF ASPEN . PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Mitch Haas, 920-5095 DATE: 4/21/98 PROJECT: Mocklin Subdivision --- Insubstantial Amendment to Subdivision Development Order REPRESENTATIVE: Vann Associates, Sunny Vann 230 E, Hopkins Ave. Aspen, CO 81611 (970) 925-6958 OWNER: Creekstone Builders, Inc. 4545 Post Oak Place, St. 100 Houston, TX 77027 (713) 621-5300 TYPE OF APPLICATION: Insubstantial Amendment to Subdivision Development Order DESCRIPTION: The Mocklin Subdivision approval contained two conflicting conditions of approval: one states that no disturbance to the site can occur outside of the designated building envelopes, and another requires remediation of contaminated soils on the site -- not all contaminated soils are within the designated building envelopes, The applicant would like to amend the language of these conditions to allow for soil remediation work outside of the designated building envelopes, Also, the approved and recorded plat includes the utilities plans, and the utility plans indicate the need to install pump stations on the sanitary sewer connections of two of the lots; however, the new owners' engineer has figured out a way to meet sanitation requirements without utilizing pump stations. Thus, the applicant also seeks to amend the recorded plat by revising the utility plans accordingly. Applicable land Use Code Section(s) Section 26.88.060(A), Insubstantial Amendment to Subdivision Development Order; Section 26.88.040(D)(2)(a), Final Plat requirements; and, Chapter 26.52, Common Development Review Procedures. Review by: Community Development Department and the Engineering Department. Public Hearing: No. Referral Agencies: Engineering, Enviro!UIl'1lJ.tal Health, and Sanitation. Planning Fees: Planning Deposit ($450) Referral Agency Fees: Environmental Health Minor ($155), and Engineering Minor ($110) ! Total Deposit: $71~ (additional planner hours beyond-the 3 covered by the deposit shall be billed at a rate of $180/hour), 1""'\ , . !""'\ , To apply, submit the following information: (Also see Section 26.52.030, Application and Fees) 1, Proof of ownership 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. ~ Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = lIea.; Planning Staff= 2 7. An 8 y," 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. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. A written description of the proposal and an explanation in written, graphic, or model form describing how the proposed development complies with the review standards relevant to the development application. Please include and clearly indicate existing conditions as well as proposed. 10. List of the names and addresses of all adjacent property owners within 300', exclusive of public rights-of- way, for public hearings. 11. Copies of prior approvals. 12. All other materials required pursuant to the submittal requirements packets. In the event that you should have any questions regarding the foregoing, please do not hesitate to contact Mitch Haas of the Community Development Department at 920-5095. * The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that mayor may not be accurate, The summary does not, in any way, create a legal or vested right. ~~~-16-8e 08.35 FROM.HOLLANOHART , r-, 10.8708274765 -iNT .,.....", PAGE 2/6 EXHIBIT 2 2. 1. Effective D&te: 10/24/~7 at 08:30 A,M. ~ POR TZTLZ ~ 8Cb....uu.LE A ~licy or P011c~es to be isaueQ: (a) ALTA OWNER 'S POLICY- FORM 1992 Case No. PCT123SSC3 J'-i'/ Y'J-K.a ' Amount~,eee,~~~o~ Premiums 3,497.00 RATE: st1.ll-nIVIDER '. Proposed Insured: CR2EltSTONE BOILDERS, INe. (h) ALTA LOAN POLICY - FORM 1992 Amount$ 3,500,000.00 P:t'emium$ 70.00 Proposed Insured: RATE: ~ANION Sotl'l'mGsT BANK OF TEXAs, ITS SUCCESSORS AND/OR ASS!GNS (e) A....l'A LOAN POLICY- FORM 1992 Proposed ~d: PETER MoClI.IN ANtI MONICA M. MOCXl;.m Amount$ 3,600,000,00 Premiums 3,172.00 RA'l'E: 3. Title to the est~te or intereet in the land described or referred to in this Ccmmitment is at the effecti~ date hereof is ~B~ed in: PETER MOcIa.IN and MONICA M. Mocn.:m " 4. The land reJ::' to in this COllllllitlllent is situated in the Counties of PITlCIN, S e of Colorado and is described as follows: LOTS 1, 2, ,4, 5, 6, AND 7, MOC1cr.lN StJaDIVISION', aCCOrding to the i'la,: thereof, recorded aune 14, 1996 in Plat BOOk 39 at Page 92, PITKIN COUNTY TITIrP,:, INe, 601 E. HOPlCINs ASPml, CO. 81611 970-925-1766 970-925-6527 FAX AtlTHo~J:ZED AGENT Sl;hedule A-PG.l This CCllllI\itment is invalid unl.ess the insuring ~rovisiona and Schedules A and B are attached, 2-d .IJo03-l cn::u:~ ~:n as, 9B &It:I - .~ -~, .. ""'-;::::J~ ~5:3S FROM:HOLLANOHART (~, 10,6706274765 ~~ PACE 3/6 , M SCb.ww.a B - 81:~ON 1 gOU~J:S The following are the requirements to he complied with: ITEM (It) Payment to or for the accQunt of the grantors or mortgagors of the full considerar..ion for the estate or interest to be insu:-eci. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and dUly filed for record to-wit: 1. Deeci from': PET1;nt. MOCKLIN and MONICA M. MOcIa..IN To : CREEXSTONE BUILDERS, INC. NCT.Bt Evidence satisfactory to the Company as to the authority of the person(.s) executing the above dOCUlIlent (s) must be provided, s\U)ject to any additional :t'equirements deemed necessary, 2. Evidence satisfactory to the COIllpany that CREExsTONE BUILDERS,' me. is It duly existing and valid corporation existing PUrsuant to the laws of the State of , must be de~ivered to and approved by the Company. 3. Deed of Trust frOll! : CREBI<sToNE BUIT,T\US, INC. to the Public Trustee of the County of P!TlIN for the use of : SOtn'!:IWi:sT BANK OF '.t'EXAS to secure : $3,500,000,00 NOTE: The above Deed of Trust to .be a 1st tleed' of Trust; on two of the lots to be insured hereunder, the two lots to be desisnated prior to closing, ~Deed of 'I':r:ust from: CREEXsTom! Bt1ILDERs, INC. to the Public Trustee of the County of l?J:'1'XI.N for the use of : PE'l'a MOCXLIN AND MOHICA :II! _ JofOCIa:.IH to secure ~$3,oOO,OOO.oo 5. Evidence satiSfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No, 20 (Series of 1379) and Ordinance No. 13 (Series of 1.9.90) has been paid or exempted. 6. Certificate of nonfore1gn 8tatu8 &Xacuteci by the transferorcs}. (This instrument is not required to he recordli!d) ." Completion of Fo.rm IlR 1079 regardi.ng- the witholc1ing of Colorado Tax on the sale by certain persons, corporations and firms Selling .leal Property in the State of Colorado, (This instrument is net required to be recorded) 8. Evidence satisfactory to the Company that the Declaration of Sale, Notice to COUJ:l.ty ~8eSSor as ret;[l.l1recl. by H.B. 1288 has been cOlllplied lilith, (This instrument is not ~ired to be rec::orc1ed, but must be de~i.vered to and retained by the Assessors Office in the County in which the property is sitUated) g'd lH)3H a-13I~ t.I::ll>E:n 86, 90 ~ APR-16-ge 09,36 FROM,HOLLANoHART I'....' 10,9709274765 r-, PACE 4/6 m sam.....a.t,E B sm:nOW 2 DCUT;Z;QIS The. policy or policies to be issued will concain exceptions CO the fOllowing unless the same are diSposed of to the saeisfaction of the COlIIpany : vf, Right of the proprietor of a vein or 10<1e to extrace or remove his ore therefrom, shOUld the same I;)e found to penetrate or intersect the premises hereby granted as reserved in United States Pate:!l.t:. recorded December 24, 1902 in Book 5S at Page 116. va. Terms, conditions, provisions ~d obligations as set forth in Agreement, recorded November 18, 1960 in Book 224 at Page 220. 9, All right, title and interest in and to property located at a depth below 500 feet .beneath the surface and including those portions of c:'" 1 any and. all lateral extensions thereof f~ below such depth the ~ ',; . tops or apexes of which veins, lodes or ledges lie inside surface 7 'A" ocJtl.i boundary lines as retained by The Aspen Consolidated Mining Company /1 in Deed recorded December 18, 1907 in Book 231 at Page 612. ~ Terms, ccmditions, provisions and. obligations as set forth in ~eement bel:.Wlt8n Peter Nocldin and City of Aspen Water Department, ?eo~ April 16, 1993 in Book 708 at Page 9l7, ~. ~erms, conditions, proviSions, obligations and all matters as set forth in Ordinance No. 72, Series of 1992 by the Cil:.y Council of the City of Aspen, recorded Decelllber 9, 1993 in Book 734 at Page 429. + . Rigll.t:ls = claims of parties in pas_sian =1: IIIlow.u :by !:he public ".,eord.lI. 2. Bas_ta, or clU1llS of US_tis, =t s!lcw:l :by tile pubJ.ic records, 3. D~ea, """''''icts iJl. bo=lla:y liDes, 8bortaga i:1 Uf;lll., ~ta. ;my lOll!:" whieh a =rreet =vey and iJ.\$pect:ion Of the Premises wou.1d c1iaclose a1\l1 lorhieh are =ot shown :by the public reeords. 4. Any li~, or right to II lie, for se,rv:i.ces, lallor, or IlI&terla.l he=e~ore or heredeer fu=iShed, imPosed by law am!. Il.Ot sllown :by the ~:Uc record.l;. 5. Detect:s, li_, EmClllllbrances, ~. claims or othar mattera, if a:I:J;y, creat:at.i, fast appearing i:1 the pul:oUc re=1:ds or al::l:achizlg aUOaeque:t: t;<> the effectire date hereof ~t prior to the elate t1le prcpcaed ~ed acqui:r:ea of reCO::d. tor 'laJ.ue the est..u,e or interest or lllOrtgage l:hareon =-red by this eommit:ment. S. 'l'axas due. and ~le; and ~y t~, llP8<:ia.l a.lIsessme::l:, charge or lien imposed for water or SelOe1' service or foX' any o~ sp$(!1al t~ cllacrict. ua: Terms:, conciitions, Provisions, obligations and all matters as set forth in ReSOlution of the the City Council of the City of Aspen recorded ~ch 24, :1.995 in Bock 777 a.t Page 1:1.4 as Resol1l.tion No. s. Terms, conditions, P~oVisions, obligations and all matters as set forth in Ox'dinance No. 35 f Series of 1995 by the ~en City Council recorded. October 30, 1995 in Book 798 at Page 44 and record&ld DeceMber ao, :1.995 in Book 802 at Page 165. (Continued} ~ V'd /1...._....,.,..,... ....._ '___ _... _.. __,._. APR-16-9S 09,3? FROM,HOLLANDHART IO,9?092?4?65 PACE 5/6 ,-., ,r-, 'fliT 14/.' 'l'erms, conditions, provisions, obligaeio.n.s and all lllatters a.s set vr- forth in SubQ!vision Agreement rec~ed June 14, 1996 as Reception No. 393680, y-~ Easements, rigl:lts of way and all matters as disclosed On MaClklin Property Rezoning Map of subject p:t'Operey record.ed ~cember 9, 1993 in Plat sook 33 at Page 39. Basements. rights of way ana all llIiltters as ctiselosed on Macklin SUbdivi.sion Plat of subjeClt property recorded June 19, 1996 in Plat Book 39 at Page 92. /5, This commitment is ~nva.lid unless the Insuring provisionJI and Schedules A and B are attached. Schedule B-Section 2 Commitment No. PCTt23SSC3 S'd .1J.03.I iI'T.3I.Mol~ ~:n 86. 90 ~ APR-16-8a 08,37 FROM,HOLLANOHART 10,8708274765 ,1"""\ (""'\, AlT AXm:trIOIQL nrJ'OsarATJ:OllT UD D%Sr:t.0SUR:2s The Owner's Policy to be issued, if any shall ~ontain ~he fOllOWing items in addition to the ones set forth above: (1) 'rb-e Deed 01; Trust, if any, required under Sc:hectule B-Section J.. (2) Water rights, clailllS or title to Water. (NoTE: THIS EXCEI?'I'ION W:rLL APPEAR ON THE OWNER I S AND Moa'l'GAGE POI.,ICY To SE IBStn;lD HER!oNl:lER) Pursuant to Insuranoe Regulation 89-2. , NOTE: Bach eitle enUty shall notify in writing every Prospective insured in <In owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i} of ' that title entity'S general requirements for the deletioI1 of an exception or exclusion to coverage relating to unfiled mechanics or materialtneI1S liems, except when said coverage or in.:urance is extended to the insured under the terms of the pOlioy. A satisfactory affidavit and agreement indemnifying the COmpany against unfiled mechanics' and/or Materialmen's t.iens executed by the persons indicated in the attached copy of said affidavit muat be fw:nished to the Company. Upon receipt of these items anc1 any Oehers requirements to be specified by the Company upon request, Pre~printed Item N1.IlIIber 4 may be deleted ft"Om the Owner's policy when issued. Please contact the Company for further information, lliotwil:hetanding the foregoing, nothiZlg contaiIled in this Paragraph shall ),;)e deemeci to impose any requirement U];lOtl any title insurer to provide lIIElChanics or lIlal:erialmens lien coverage. NOTE: If the Company condu\;:ts the 01!lners or loaIl closing under oircumstances where it is %'esponsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provideci "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The SUbject Real Property may be looated in a Special Taxing niserict; (b) A Certifioate of Taxes Due listing each taxing juriSdiction lllaY be obtained form the County treasurer of the Cou.nty TreaSUrer' B Authorized Agent; (c) Information regarding Special Districts andthlil boundaries of such districts may tle obtained from the BOard of COtUl,ty CommiSSioners, the County Clerk and Recorder, or the ~ty Assessor. NO'rS, A tax Certificate will .be ordered. ft"Om the COWlty TZ'eaSUrer by the COlllpany and the cOsts thereof charged to the proposed iI1sured unless written instruct10n to the contrary are receivec;i by the oompany prior to the issuance of the Title Policy anticipated by this Collll'llitment. This commitment is invalid unless the Insuring' Pt"OVi.sions and Sehednleos A and B are attached. Schedule B~Sectian 2 COllllllitment No, PCn2:3SSC3 9'd .l.I-O:;H lI13~ ~:tt as, 90 ~ PACE 6/6 ~ ,-, EXHIBIT 3 April 20, 1998 HAND DELIVERED Mr, Mitch Haas Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Mocklin Subdivision Insubstantial Plat Amendment Dear Mr. Haas: Please consider this letter authorization for Creekstone Builders, Inc" to submit an application for an insubstantial plat amendment for the Mocklin Subdivision, As the prospective purchaser of our property, Creekstone and their representatives are authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. ere"l' .-- c:\bus\city.ltr~tr35997.mh2 ~II n '-v vU lUC. lU'Jl AI'R 2e '98 !il9' 111'<1'1 VAl'iN 5l.iMMERs COOK ,.-..." , p, 02 ~. P.2 EXHIBIT 4 April 20. 1998 HAND DELIVERED Mr. Mitch Haas Community Development Oepartmem 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Haas: Please consider this letter authorization for Sunny Vann of Vann Assaciatc!I, LLC. Planning Consultants, to represent us in the processing of Our application for an insubstantial plat amendment for the Macklin SUbdivision which is located adjacent to the intet>ec1ion of Gibson Avenue and Lone Pine Road in the City of Aspen. 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 !unher assistance, please do not hesitate to call. Sincerely, CREEKSTONE BUILDERS, INC, e:lb..\ci,y-llrlltr3S1197.Zll)11 I1rl'(-cU-~tl JUI:. 10:31 APR 20 'sa '"9' 12AM~N Sl.IMME:R$ COOK p, 03 ---. , P.S EXHIBIT 5 ASPENIPITKIN COMMti'NlTY DEVELOPMENT DEPARTMENT Agreement fOr PaymelZi Of City of Aspen Invelopment Application Fees (please PriDt Clearly) I ClTYOF ASPEN (heteinafterCITY) and ~~ ~ -C.i'~ A<.C: (hereinafter APPLICANT) AGREE AS FOUOWS:, . 1. APPLICAAl' has submitted to CITY an application for L"AA- ~~-'1~ ~~~Af'~~~,nmPROJECT). 2. APPLICANT UIldmtands and ~ that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structUre for land lISe awlications and the payment of all processing fees is a condition ~edent tQ a detern>;n~~on of application completeness. 3. APPLICANT and CITY agree that because of the size, natUre or sco~ of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the appiication. APPLICA,"-l l' and CITY further agree that.it is in the interest of the parties to allow APPLICANT to tnalce payment of an initial deposit and to thereailer permit additional costs to be billed to APPLICAJ.'iT on a monthly basis. APPUCA.NT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they ate necessary as cOsts are in=ed. CITY agreeS it will be benefited through the greater ce:tainty of recovering its full costs tD process APPLICANT'S application. 4. CITY and APPLICAl'iT further agree that it is impracticable for CITY sraff'to complete processing or present sufficient information to !he Plaoning Commission and/or City Council ro enabie the Plauuing Commission and/or City Council to malee legally required findings for pr~jeet approval, unless cur.rent billings are paid in full prior to decision. S. Therefore, APPLrCAJ.'iT agrees tha% in consideration oftbe CITY's waiver of ItS right to collect full fees prior to a determination S' application completeness, APPLICANT shall pay an initial deposit in the amount of~ which is for _ hours ofPI~ staff time, and if ~tual record.ed COsts exceed the initial deposit, APPLICA.'\'T sball pay additional monthly billings to CIlY tQ reimburse the CITY for the prnCl:$ing of the application mentioned above, including post approval review. . Such periodic payments shall be made within 30 days of the billing date. APPLICAl'IT further a~s that failure to pay such accr.lli:d costs shall be grounds tor suspension of prcx:essing, CITY OF ASPEN -~ Community Development Director City of Aspen APPUCA:.~T ~ PriDtedName: ~ /"6:(;~ Mailing Addnss: 1L~Sre::sr c?1'''f ~ ~7iEf~ ~~ "77427 Signature: Date: APR-24-1998 15:49 SOPRIS ENGINEERING ,-..., ~, P.el1 EXHIBIT 7 a-pnI24,19981 SulUlY YaM Vann Associates 230 E. Hopkins, Avenue Aspen, CO 8161 I RE; Mockhn Subdivision, Revised Sanitary Sewer and Contaminated Soils SE Job No. 97024.01 Dear SWUly: This letter comprises an engineering report for the sanitary sewer changes and. the contaminated soils within the Macklin SubdiVIsion, which are different from the approved preliminary engineering drawings. Sanitarv Sc!wer The preliminary engineorlng drawings approved as part of the Macklin Subdivision required a lift station/sump pump to service lots I and 2. SE was requested by Peter Macklin and the Aspen Consolidated Sanitation District (ACSD) to review the dcsi~n of the sanitary sewer to determine if the sewer could be redesigned to serve each lot without a lift station/sump pump. We - redesigned the sanitary sewer system so all the lots can be gravity feed to the existing sewer main including basements. The redesign of the sanitary sewer would reqUire some of the easements to be relocated On the Macklin Subdivision Plat. I have attached the revised sanitary sewer drawings. ACSD has seen and approved the revi.ed sanitary sewer design. COr'lt<lminated Soils. SE has prepared a Contaminated Soils Map which represents the areas within the Macklin Subdivision that has been determincd by the Environmental Protection Agency (EPA) to be contaminated with lead concentrations of 1000 parts per million (PPM) or greater. Some of the contaminated soils are outside of the building envelopes and ou.tside areas which will be disturbed by the installation of the utilities. roads and driveways. The Ciry of Aspen adopted an ordinance No, 25 (institutional controls) which govern the methods for cleanup of the contaminated soils. The contaminated soils either can be covered with a minimum of one foot of non.conraminated soil or be removed from the sile to a licensed and authorized receiving facility, In both cases the aIeas would need to be disturbed. It is preferred to clean up the contaminated soils on site. r would recommend that the contaminated areas be leveled out and covered Wlth one foot of non:contamil1ated soil and re-Iandscaped, If you have any questions Or need any additional information please call. Sincerely, SOPRIS ENGINEERING. [z/!! Project Engineer 1101 village road. suite UL-3B . carbondale, CO 81623 . (970) 704-0311 . lax (970) 704.0313 8.0PR.IS ENGINEERING · llC ,ivil ,onsultants TOT~I P Vii -. ..'V~ I N' caR. P O'R. ATE 0 . March 1, 1996 Mr. Sunny Vann Vann Associates, Inc, 230 W. Hopkins Aspen, CO 81611 RE: Mocklin Subdivision Dear Sunny, Pursuant to your request I have prepared the following cost estimate for the proposed landscaping at the above referenced project. These costs are based on 1996 contract unit prices adjusted for inflation to 1997. The Mocklin Subdivision Landscape Plan dated March 1, I~ has been used as a basis for this estimate. . 1. I3 Cottonwood, 2-3" caliper @ $250/ea. 2. 21 Aspen, 2" caliper@ $150/ea. 3. 9 Dogwood, 5 gallon @ 35/ea. 4. 12,000 s.f. seed@ . 12/s,f. 5. 111 yards topsoil @ 30/yd 6. 12,000 s,f. finish grading @ .04/s,f. Total $3,250.00 3,150.00 315,00 1,440.00 3,330.00 480.00 $11,965.00 !fyou have any questions or comments or should you require further infonnation please do not hesitate to contact me. Sincerely, m~ Thomas G. Stevens 393680 06/14/96 09:17A PG 20 OF 21 312 E. Aspen Airport Business Center, Aspen. Colorado 81611 U031925-6717 FAX: (0)) 925-6707