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Home My WebLink AboutLand Use Case.934 S Mill St.0002.2008.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION CLOSED BY 0002.2008.ASLU 2737 18 2 02 205 934 S. MILL ST JASON LASSER RES. DESIGN AMEND SUNNY VANN 11/26/2008 Angela Scorey on 11/2/2009 P1 MEMORANDUM TO: Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Direct FROM: Jason Lasser, Special Projects Planner JL RE: Parcel 5, Top of Mill Subdivision/PUD A Planned Community, 8040 Greenline Review, and Residential Design Standards Variances -- Resolution No. 18, Series of 2008 — Public Hearing HEARING DATE: June 3, 2008 APPLICANT /OWNER: Ian and Isabelle Loring REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: Parcel 5, Top of Mill Subdivision/PUD - commonly known as 934 S. Mill St. CURRENT ZONING: L (PUD), Lodge, Planned Unit Development SUMMARY: The Applicant is requesting approvals for 8040 Greenline review and for Variances from two Residential Design Standards Photo: Parcel 5, Top of Mill Subdivision/PUD. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the requests for 8040 Greenline Review and for Variances from the Residential Design Standards. SUMMARY: Ian and Isabelle Loring, represented by Vann Associates, LLC., have applied for a 8040 Greenline Review, and have also applied for variances from the Residential Design Standards for the Building Orientation requirement, and the Build -to lines requirement to construct a new single family home and accessory dwelling unit on Parcel 5 of the Top of Mill Subdivision, commonly known as 934 South Mill Street. The proposed application is attached as Exhibit "C ". 1 P2 Awl REVIEW PROCEDURE: The Planning and Zoning Commission may approve, approve with conditions, or deny an 8040 Greenline Review. Ordinance No. 7, Series 2002, approved the Top of Mill Subdivision and set forth that all of the single - family residences to be constructed within the subdivision shall be required to obtain 8040 Greenline Review approval prior to applying for a building permit. The above referenced ordinance granted approval of the subdivision's compliance with nine of the eleven 8040 Greenline requirements (standards 1, 2, 4 -6, 8 -11). The remaining two requirements, standards 3 and 7, must be approved by the Planning and Zoning Commission for compliance for each individual residence design. In addition, The Planning and Zoning Commission may approve, approve with conditions, or deny any variance requests from the Residential Design Standards pursuant to Land Use Code Section 26.410.020(D), Variances. STAFF COMMENTS: The parcel of land that is subject to this application is an abnormal shaped lot located at the top of Mill Street. At the top of the street, it becomes a curvilinear private street serving as a turn - around loop. The street facing lot line is comprised of a curve of approximately thirty (30) feet and a straight line of twenty -two (22) feet to the northwest corner. As a result the street - facing building envelope line is approximately forty (40) feet wide. The northeast corner of the parcel is pinched to allow for an access easement for Parcel 4. The lot is 10,806 square feet. 8040 GREENLINE: The property, as set forth Ordinance No. 7, Series 2002, must obtain 8040 Greenline Review approval prior to applying for a building permit. The ordinance granted approval of the subdivision's compliance with nine of the eleven 8040 Greenline requirements. The remaining two requirements — 3: Air Quality Impacts; and 7: Mountain Character - must be approved by the Planning and Zoning Commission for compliance. Air Quality Impacts The purpose of the air quality requirement is to ensure that the proposed development does not have significant adverse effect on the air quality in the city. The driveway will be poured in place, minimizing the air quality impacts. Additionally, the utility infrastructure is currently in place and will not be altered or added to by this project. The project will be subject to a construction management plan that will govern pm10 mitigation, off -site mud transport, etc. Mountain Character The purpose of the mountain character requirement is to ensure that the building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. The allowable square footage and height were approved as part of the original Top of Mill PUD to ensure all structures would fit with the mountain character. The provided square footage is equal to the allowable level and the height is below the allowable level. The roof forms are pitched and blend into the mountain 2 P3 backdrop. Staff believes the applicant satisfies the review standards for these requirements. RESIDENTIAL DESIGN STANDARDS: Building Orientation On curvilinear streets the building orientation Residential Design Standard requires the front fagade be parallel to the tangent of the midpoint of the arc of the street. (L.U.C. Section 26.410.040(A)) Staff believes that because of the lots abnormal shape it is difficult to meet the requirement. Staff believes that the proposed variance satisfies the review standards for granting a variance from the Residential Design Standards because strict adherence to this standard would likely create constraints that would trigger other deviations from the Residential Design Standards. Also, the distance from the street to the buildable site is significant in length so that the purpose of this particular review standard becomes almost inapplicable. The front of the house does generally face the driveway, leading to the street. Staff recommends approval of the variance from the building orientation standard. Build -to lines Land Use Code Section 26.410.040 (A.2) requires parcels less than 15,000 square feet have at least 60% of the front fagade must be within five (5) feet of the minimum front yard setback line. Due to the unique shape of the lot, it does not lend itself to a traditional front yard setback. While the rear lot line is a straight 92 feet, the front line is approximately 40 feet, which zigzags across the front to connect side lot lines. The structure will be built within five (5) feet of the side and rear yard setbacks. Staff finds that the proposed variance satisfies the review standards for granting a variance from the Residential Design Standards because the lot's shape creates difficulty in strict adherence to this standard. The structure will be built within five (5) feet of the side and rear yard setbacks. Staff finds that the proposed variance satisfies the review standards for granting a variance from the residential design standards because the lot shape prohibits strict adherence to this standard. RECOMMENDATION: Staff finds that this application meets the applicable review standards for allowing development above the 8040 Greenline and that recommends the Planning and Zoning Commission approve the request. Additionally, staff believes this application meets the applicable review standards for granting a variance from the building orientation, build -to lines Residential Design Standards and recommends the Planning and Zoning Commission approve the variance request. RECOMMENDED MOTION: "I move to approve Resolution No. 18, Series of 2008, approving an "8040 Greenline Review," and approving variances to the Residential Design Standards for building orientation, and build -to lines. ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- 8040 Greenline Review and Staff Findings Exhibit C -- Application Exhibit D — DRC Comments 3 P4 1- 1011k, RESOLUTION No. #18 (Series of 2008) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW AND RESIDENTIAL DESIGN VARIANCES FOR PARCEL 5, TOP OF MILL SUBDIVISION/PUD, A PLANNED COMMUNITY, COMMONLY KNOWN AS 934 SOUTH MILL STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-02205 WHEREAS, the Community Development Department received an application from Ian and Isabelle Loring, represented by Sunny Vann of Vann Associates LLC, for variances to the Residential Design Standards for building orientation, and build -to lines; and an "8040 Greenline Review;" and, WHEREAS, the subject property is zoned Lodge with a Planned Unit Development Overlay (L/PUD) in the Top of Mill Subdivision (Aspen Mountain Subdivision) PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, of the land use requests; and, WHEREAS, during a duly noticed public hearing on June 3, 2008, the Planning and Zoning Commission approved Resolution No. 18, Series of 2008, by a _ to _ (_ -_) vote, approving variances to the Residential Design Standards for building orientation, and build -to lines; and approving an "8040 Greenline Review. "; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission 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 Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves variances to the Residential Design Standards for building orientation, build -to lines; and an "8040 Greenline Review" on Parcel 5, Top of Mill Subdivision/PUD, A Planned Community, City and Townsite of Aspen, Pitkin County, Colorado. 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 Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final P &Z Resolution. b. A Construction Management Plan c. Engineered drawings for the deflection wall (as shown on PUD plat) Section3• This resolution shall not affect 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 thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 3rd day of June, 2008 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk LJ Erspamer, Chair P5 M. 1-1 EXHIBIT A: Survey, Proposed Site Plan w wf _ lir�m P7 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS The Planning and Zoning Commission may grant variances from the Residential Design Standards if the proposed application meets the following: a) Provides an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b) Be clearly necessary for reasons of fairness related to unusual site - specific constraints. The following are Staff's findings in regards to the variances being requested by the Applicant. Variance Requested Building orientation. (26410.040 AI ) The front facades of all principal structures shall be parallel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. a) Provides an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the Immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted, or, Staff Finding: On curvilinear streets the building orientation residential design standard requires the front fagade be parallel to the tangent of the midpoint of the arc of the street (L.U.C. Section 26.410.040(A)). Staff believes that because of the abnormal shape of the lot, it is difficult to meet the requirement. Staff believes that the proposed variance satisfies the review standards for granting a variance from the residential design standards because strict adherence to this standard would likely create constraints that would trigger other deviations from the residential design standards. Also, the distance from the street to the parallel orientation location site is minimal in length that the purpose of this particular review standard becomes almost inapplicable. The front of the house does generally face the driveway, leading to the street. Staff finds this criterion to be met. W3 1- b) Be clearly necessary for reasons of fairness related to unusual site - specific constraints. Staff Finding: Staff agrees with the application that the lot is unusually shaped and that requiring a parallel street facing fagade is problematic given the site's constraints. Staff finds this criterion to be met. Variance Requested Build -to lines. (26.410.040 A2) On parcels or lots of less than 15, 000 square feet, at least 60% of the front fagade shall be within 5 feet of the minimum front yard setback line. a) Provides an appropriate design or pattern of development considering the context in which the Yes. Au. I Yea. f U f Ii development is proposed and purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, Staff Finding: Land Use Code Section 26.410.040 (A2) requires parcels less than 15,000 square feet have at least 60% of the front fagade must be within five (5) feet of the minimum front yard setback line. Due to the unique shape of the lot, it does not lend itself to a traditional front yard setback. While the rear lot line is a straight 92 feet, the front line is approximately 40 feet, which zigzags across the front to connect side lot lines. The structure will be built within five (5) feet of the side and rear yard setbacks. Staff finds that the proposed variance satisfies the review standards for granting a variance from the residential design standards because the lot's shape creates difficulty in strict adherence to this standard. Staff believes that the proposed build -line respects and fits into the context of the neighborhood setting. Staff finds this criterion to be met. b) Be clearly necessary for reasons of fairness related to unusual site - specific constraints. Staff Finding: The front entry faces the street, and the proposed front fagade is within 5 feet of the side and rear yard setbacks. Staff agrees with the application in that the lot is unusually shaped and that requiring the front fagade be within 5 feet of the traditional front yard setback is problematic given the site's constraints. Staff finds this criterion to be met. W EXHIBIT B 8040 GREENLINE REVIEW: According to Section 26.435.030 of the Land Use Code, no development shall be permitted at, above, or one hundred fifty feet below the 8040 Greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set below. The property is located in the Aspen Mountain Subdivision PUD. Ordinance No. 7, Series 2002, approved the Top of Mill Subdivision and set forth that all of the single- family residences to be constructed within the subdivision shall be required to obtain 8040 Greenline Review approval prior to applying for a building permit. The above ordinance granted approval of the subdivision's compliance with nine of the eleven 8040 Greenline requirements. The remaining two requirements, items 3 and 7, must be approved by the Planning and Zoning Commission for compliance for each individual residence design. 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution: STAFF COMMENT: Standards 1 and 2 were approved as part of the Aspen Mountain Subdivision PUD. 3. The proposed development does not have a significant adverse affect on the air quality in the city. STAFF COMMENT: This development will not have a significant air quality impact, as the utility infrastructure is currently in place and will not be altered or added to for this project. Additionally, the Top of Mill Subdivision specifically addresses the removal of contaminated soils, dust suppression, landscaping, restoration following construction, and the project will be subject to all requirements of the Environmental Health Department, and to a construction management plan which will govern PM -10 mitigation, off -site mud transport, etc. Staff believes this project meets this standard and should be approved. 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. 0 P10 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. STAFF COMMENT: Standards 4, 5, and 6 were approved as part of the Aspen Mountain Subdivision PUD. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. STAFF COMMENT: The allowable building height and square footage were approved as part of the original PUD to ensure the structures would blend into the open character of the mountain. Development on Parcel 5 is limited to a maximum allowable floor area of 5,200 square feet, which shall include the ADU. The proposed residence will contain approximately 5,163 square feet inclusive of the proposed ADU. The building height limit for the parcel is 28 feet. The proposed height (25 feet) is lower than the allowable height, and the square footage is equal to the allowable level, helping it blend in with the existing mountain character. Staff believes this project meets this standard and should be approved. 8. Sufficient water pressure and other utilities are available to service the proposed development. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. 11. The recommendations of the Aspen Area Community Plan: Parks /Recreation /Trails Plan are implemented in the proposed development, to the greatest extent practical STAFF COMMENT: Standards 8, 9, 10, and 11 were approved as part of the Aspen Mountain Subdivision PUD. 7 ON 'M Zoning DRC Comments - Lot 5 T.O. Mill Subdivision EXHIBIT D 1. Applicant is required to confirm grade: The site plan appeared to be using an interpolation of grade or a finished grade. It did not appear to reflect the grade in the Top of Mill Subdivision / PUD sheet C4. Sheet C3, 1975 Topography, noted as a reference for natural grade, was not found in the packet. Please clarify the grade on the Site Plan page. Height will be taken from the most restricted grade. 2. Plan set will require a roof plan over topographic map with all pertinent roof heights marked and listed in corresponding key. The spots on this key and page should relate to same locations on elevation pages. 3. Applicant will be required to submit a Residential Design Standard page with the permit drawing set. Engineering DRC Comments - Lot 5 T.O. Mill Subdivision 1. The Engineering Department has reviewed the application and concluded that the deflection wall as shown is compliant with the PUD approval and will need to be designed by a Colorado P. E. f ISM W. C� :flCM.t MAUS. KC / I C[fLECStJM ' R I V$L "Oz. 11 CFE_M Rw OT PRC L RA RNLI° PRE OFONSTRUCYON ARC CW MCEHIMUCCN WE CCNSIRL'Cltp1 19iRfi OF MNN' X ?FRCUt 31 CONS�RUCIIGN OEIM F w pEFtEE <� MNG . OR'!v M w.5: W A1MBRIF➢ " OR FE4M:L i1+K IM-R I TOP OF MILL r� I SUBDIVISION / PUD J RC R C PAR 77 SQ. SIWM SCNER tNNY>LE.. ••�.� v[<G 9rgww LM 0 %Y (Y CLELCCYLCM' P11 V/.LL GRA r DR rAQ AIN. IIIIII II QI IIIIII IIII IIIIII IIIIII II�IIi IIII 35.00 Page; 66390 0i 1:469 ORDINANCE No. 7 SERIES OF 2002 AN ORDINANCE OF THE ASPEN CITY COUNCIL APP'. PLANNED UNIT DEVELOPMENT APPLICATIO: SUBDIVISION, CONDOMINIUNIIZATION, MOUNT) SPECIAL REVIEW, GROWTH MANAGEMENT QUC (GMQS), 8040 GREENLINE REVIEW, AND REZONINt MILL SITE TO LODGE / TOURIST RESIDENT]_ CONSERVATION, LOT 3 OF THE ASPEN MOUNTAIN CITY AND TOWNSITE OF ASPEN, PITHIN COUN' PARCEL NO. 2 73 7-182-85-003 s THE FINAL OF / PUD, WHEREAS, the Community Development Department received an application from Top of Mill Investors, LLC c/o Four Peaks Development, LLC (Applicant), represented by Vann Associates; requesting Final Planned Unit Development (PUD) approval for Lot 3 of the Aspen Mountain Subdivision / PUD (hereinafter "AMPUD "); and WHEREAS, Top of Mill Investors, LLC c/o Four Peaks Development, LLC requested specific land use approvals as part of the Final PUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning; and WHEREAS, Savanah Limited Partnership, owner at the time of Lot 3 of AMPUD, received Conceptual PUD approval from City Council for AMPUD on December 6, 1999 which is memorialized through Resolution No. 93, Series of 1999; and WHEREAS, Top of MiII Investors, LLC, received an Amended Conceptual Approval from City Council for Lot 3 AMPUD on May 29, 2001 which is memorialized through Resolution No. 50, Series 2001; and WHEREAS, the Housing Office, the City Zoning Officer, the City Engineer, the Parks Department, Aspen Consolidated Sanitation District, the Environmental Health Department, the City Fire Department, the City Streets Department, the City Parking Department, the City Water Department, and the City Electric Department reviewed the development proposal for Lot 3 and provided written referral comments as a result of the Development Review Committee meeting; and WHEREAS, the Applicant appropriately applied for specific land use approvals pursuant to the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen Municipal Code for the Final PUD for Lot 3 AMPUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, Growth Management Quota Exemptions, 8040. Greenline Review, and Rezoning; and I111111II1N1111111U111111111I111111111i1 11111111111110 //19/20002211:469 SILVIA DAVIS PITKIN COUNTY CC R 35. WHEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in consultation with the applicant, the Community Development Director has permitted a modification in review procedures to combine the Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning review for the purposes of ensuring economy of time and clarity; and WHEREAS, such review procedure modification bas not lessened any public hearing noticing or any scrutiny of the project as would otherwise be required; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Final Aspen Mountain PUD land use requests for Lot 3 with conditions; and WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval to the City Council, by a vote of four to one (4 —1), Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and WHEREAS, this ordinance, as adopted, incorporates all the relevant and applicable conditions of approval formerly contained in Resolution No. 93, Series of 1999 granting Conceptual PUD Approval to Lot 3 AMPUD by City Council and Resolution No. 50, Series of 2001 granting Amended Conceptual PUD Approval to Lot 3 AMPUD by City Council hereby allowing this ordinance to supersede those resolutions regarding the conditions of approval as stated herein; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the applicable Municipal Codes as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the Aspen / Pitkin County Housing Authority, the applicable referral agencies, and has taken and considered public comment at a public hearing; and WHEREAS, the City of Aspen 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 of Aspen City Council hereby approves, by a vote of five to zero (5 — 0), a Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN � FOLLOWS: CITY COUNCIL AS la Page: 3 IIIIII VIII IIIIII IIII �I�III IIIIII IIII III I11II IIII IIII 4663902 11;46f 61LVIR DPVI6 GITKIN COVNTY CO R 35.00 D 0.00 -Section I Pursuant to this Ordinance and consistent with condition no. 3, of Resolution No. 93, Series of 1999, the City Council approves the allowable FAR for each Lot 3 parcel and Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for the Final PUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 of AMPUD is hereby approved with the following conditions: 1. The development shall comply with the most recent municipal engineering practice standards and the "Best Management Practices" (BMPs) identified for water quality control requirements. 2. Regarding the concerns associated with the type of units of the four (4) deed - restricted multi - family housing units on Parcel 2, should it not be possible to change the unit type, Staff recommends the Applicant meet with Housing Authority Staff to maintain the average of the Category 2, but to price one of the three bedroom units between Category 1 and 2, and to price the 4- bedroom unit between Category 2 and 3, and market as a Category 3. 3. Three of the units on Parcel 2 shall be distributed and sold under the general lottery through the Housing Office. The Applicant shall be able to choose a buyer for one of the units. However, the buyer must be a fully qualified employee under the category for the unit chosen by the applicant; i.e., the potential buyer must meet income and asset requirements, meet minimum occupancy, not own any other property in the Roaring Fork Drainage System, and have worked in Pitkin County 1500 hours per year for the last four years. 4. The Applicant shall submit Infrastructure and Removal of Fill Material Permits for Lot 3 AMPUD within 30 (30) days after recordation of all Final PUD documents. The Applicant may submit building permit applications at the Applicant's discretion, but no sooner than the issuance of a Building permit for the Bavarian Inn affordable housing project. The Applicant shall be eligible for a Certificate of Occupancy for the free market Illlllglllll II�III IIII=IIIIII III�� I��I) III VIII IIII IIII 0 6392 i 1:469 Y cO R 35.00 D 0.00 multi- family units on Parcel I only after a Certificate of Occupancy has been issued for the affordable housing units on Parcel 2. The Applicant shall be eligible for a Certificate Of Occupancy for the Free Market Duplex on Parcel 3 and the single- family units to be constructed on Parcels 4, 5, 6, 7, and 8 no sooner than the receipt of a Certificate of Occupancy for an on -site accessory dwelling unit or upon the full payment of the applicable affordable housing impact fee. S. The accessory dwelling units (for Parcels 4 — 8) shall abide by the regulations in the Land Use Code in effect at the time of building permit application and further defined in the Aspen/Pitkin County Housing Guidelines. Should an accessory dwelling unit not be provided on Parcels 4 through 8, a payment -in -lieu fee shall be provided in the amount required in the Guidelines at the time of building permit approval. 6. At the time of Certificate of Occupancy, a site visit shall be conducted on the deed - restricted units. 7. Since the "for- sale" affordable housing units are to be developed on a separate parcel, Parcel 2, a separate homeowner's association shall be established for the affordable housing portion of the development. 8. The Applicant shall include appropriate language in the Final PUD Agreement for Lot 3 and it's associated condominium (or planned community) documentation regarding the separate homeowner's association for Lot 3 (to be reviewed and approved by Staff) that ensures that the four (4) "for- sale" affordable housing units to be developed on Parcel 2, shall comply with the representations made in the application, adhere to the conditions of this Final PUD Approval, and comply with the required deed restrictions as administered by the Aspen / Pitkin County Housing Authority so that the owners of said units shall not be unduly burdened by a disproportionate share of responsibilities associated with the master homeowner's association or other homeowner associations established for the free market residences on parcels 1 and 3 — 8. Erosion control plans, including potential natural resource protection structures, and a detailed plan for irrigation systems and other plantings within the City of Aspen right -of- way shall be submitted by the Applicant to the Parks Department for approval prior to the application of building permits. Separate erosion control plans shall be submitted by the owners of each parcel prior to the issuance of a building permit for their respective parcels. 10. The Applicant shall construct the "Aspen Mountain Trail" which traverses the adjacent Open Space Parcel "B" according to City of Aspen standards during the completion of this project. This trail improvement shall meet engineering specifications as defined by the City of Aspen Parks Department including a crusher fines trail surface, a width of four feet, a trail sign located at the entrance of each trail identifying trail name and public access, and the sign shall be designed and built to match the character of the neighborhood. The Applicant shall submit a detailed plan for trail design and drainage, Parks Department requests the applicant field stake the trail. The Applicant shall be required to have the trail improvement completed and inspected to the satisfaction of the 10011 Parks Department prior to the receipt of a Certificate of Occupancy for the free market triplexes on Parcel 1. IIIIIIIIDIiIIlllllilMIIIIIIIiiIIIIIIIIIIIIII�lII1IIIlIIl00 66/ 9e2it_4i . 11. The Applicant shall formally establish the Top of Mill Trail across Lot 3 AMPUD. This trail shall have a legal description, be shown on the Final Plat, and be dedicated /conveyed to the City of Aspen. Further, the Applicant shall memorialize in the Final PUD / Subdivision Agreement for Lot 3 and associated condominium (or planned community) documents, the obligation by the master homeowner's association or Applicant to improve the Top of Mill Trail, at such time the connection is realized, pursuant to the Parks Department's design criteria. If the trail has not been improved to the satisfaction of the Parks Department within 5 years of the recordation of the Final Plat for AMPUD Lot 3, the master homeowner's association for Lot 3 shall make a cash payment to the City of Aspen equal to a sum defined by the Parks Department for the improvement of the trail. 12. Fire sprinklers and alarm systems shall be installed in all the proposed buildings on Lot 3 as required by the City of Aspen Fire Marshal. Appropriate "booster pumps" (if required) rather than pressure tanks for the sprinkler system shall be used to gain the necessary water pressure as required by the City Fire Department. The owner of each parcel shall be responsible for ensuring that any buildings constructed thereon shall comply with this condition of approval. In addition, the Applicant shall submit a fire safety plan for the demolition to be preformed by the Applicant of the existing structures and the construction of the proposed development of Lot 3 to the Engineering Department at the time of building permit application. 13. The Applicant shall execute a "Line Extension Request" and a "Collection System t�1 Agreement" with Aspen Consolidated Sanitation District (ACSD) prior to building permit application. In addition, forty percent (40 1/6) of the estimated total connection fees must be paid to ACSD by the applicant for service lines that are to be stubbed off the main line into the specific parcels of this development. 14. The Applicant shall be required to show to the ACSD all service locations at the station numbers on the final utility plans for this development prior to building permit application. Additionally, the Applicant shall indicate to the ACSD if main line easements in the ROW are to be dedicated by plat or by description. 15. The Applicant shall record the approved condominium (or planned community) subdivision plat for Parcels 1, 2, and 3 of AMPUD Lot 3 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the Applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Director shall render the plat invalid and a new application and approval will be required. 16. The Applicant shall record a PUD Agreement and the Final PUD Plans within 180 days of the final approval by City Council with the Pitkin County Clerk and Recorder binding this property to this development approval. 17. The development of the free market single - family dwellings proposed for Parcels 4 - 8 of AMPUD Lot 3 shall be subject to a site and design specific 8040 Greenline Review prior to their development. These Parcels shall only be required to respond to review standards IIIIII VIII IIIIII III IIIIII lull VIII III VIII IIII III 04/19/2002 66 2 it :409 SILVIA DAVIS PITKIN COUNTY CO R 35,00 0 0.00 I'*� 26.68.030 (C)(3) and 26 68.030 (C)(7); this resolution approves Parcels 4- 8 regarding 8040 Greenline Review Standards 26.68.030 (C)(1, 2, 4, 5, 6, 8, 9, 10, and 11) thereby Precluding any further review of the same standards as indicated. 18. The owner of each parcel shall pay the required School Land Dedication Fee to the City of Aspen; which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 19. The owner of each parcel shall pay the required Park Development Impact Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 20. The Applicant shall record the appropriate deed restrictions for Parcel 9, containing the six -space enclosed parking garage, requiring that the lot remain for parking purposes only as part of the Summit Place Condominiums project. 21. It is understood that upon approval of this Final PUD, all remaining residential credits associated with the AMPUD are hereby extinguished. 22. The Applicant shall be required to submit detailed "cut sheets" for the proposed Iights on Lot 3 AMPUD indicating the correct lumens on the lighting plan as part of the detailed building set to be examined during building permit review. 23. The Applicant shall work closely with the City of Aspen Engineering Department to ensure the access point from Parcel 1 on Lot 3 adequately provides for a left turn onto South Mill Street. 24. While the development proposal meets virtually all of the proposed underlying L/TR and Conservation zone districts' dimensional requirements, this Ordinance approves the following modifications of the dimensional requirements: a. Maximum Lot Size for Parcel 3 is 15,170 sq. ft. b. Maximum Lot Size for Parcel 4 is 12,278 sq. ft. c. Maximum Lot Size for Parcel 5 is 10,593 sq. ft. d. Maximum Lot Size for Parcel 6 is 9,825 sq. ft. e. Maximum Lot Size for Parcel 7 is 17,669 sq. ft. f. Maximum Lot Size for Parcel 8 is 18,756 sq. ft. g. Minimum Lot Size for Parcel 9 is 2,745 sq. ft. h. Minimum Lot Size for Open Space Parcel B is 49,446 sq. ft. L Minimum Front Yard Setback for Parcel 9 is 8 feet j. Minimum East Side Yard Setback for Parcel 9 is 3 feet k. Minimum West Side Yard Setback for Parcel 9 is 3 feet 1. Minimum Rear Yard Setback for Parcel 9 is 3 feet 4 , I 1 466392 i VIII) VIII IIIIII III) IIIIII IIIIII VIII III VIII IIII IIII 0 4/1920011 :46 0 / 00 SILVIA DAVIS PITKIN COUNTY CO R 35. Section 3 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 Aspen 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 4 This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6 A public hearing on this Ordinance was held on the 110i day of March at 5:00 pm in the Council Chambers Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation [^ within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 250i day of February, 2002. MA's LY, ac Attest*. ; passed and approved this 111' Day of March, 2002. 4 Approved.-as to form: bh'nVdree`stor,City Attorney Mayor I PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Parcel 4, Top of Mill Aspen Mountain Subdivision PUD, by resolution of the Planning and Zoning Commission of the City of Aspen, numbered 18, Series of 2008 on June 3, 2008. The Applicant received approval of Residential Design Standard variances from the building orientation, build -to lines, and approval of an 8040 Greenline Review. For further information contact Jason Lasser, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429- 2763. s/ City of Aspen Publish in The Aspen Times on June 15, 2008 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Parcel 5 Top of Mill Subdivision/PUD Ian and Isabelle Loring 5 Polo Field Lane, Dedham, MA, CO 02026, (617)312 -6664 Property Owner's Name, Mailing Address and telephone number Parcel 5 in Top of Mill Aspen Mountain Subdivision/PUD, Legal Description and Street Address of Subject Property The applicant has received Residential Design Guidelines variance approval from the building orientation build -to lines and 8040 Greenline Review approval for the construction of a new single family home on the vacant parcel located at Parcel 5 in the Top of Mill Subdivision. Written Description of the Site Specific Plan and /or Attachment Describing Plan City of Aspen City Council Ordinance No 24 Series of 2005 approving the PUD /Subdivision and related land use approvals associated with and necessary for the development plan. City of Aspen Planning and Zoning Commission Resolution No. 18 Series 2008 approving the Residential Design Variances and 8040 Greenline Review and land use approvals associated with and necessary for the development plan. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 15, 2008 Effective Date of Development Order (Same as date of publication of notice of approval.) June 16, 2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 15th day of June, 2008, by the City of Aspen Community Development Director. Bendon, Community Development Director Notice the on June N AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: (p P o� o-i; u IP u Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I, kw 9 4EL Pi 5GO Sj-t (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signatur The foregoing "Affidavit of Notice" was acknowledged before me this 1-) day of-A tAN E 200$, by P Ica ¢ WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of a 1( DEVELOPMENT APPROVAL /�<6- I I /` My commission expires: V/ Q 1 p,o tansy given to the general public of the of a site specific development plan, and to of a vested property right pursuant to Use C Colorado of the City of Aspen antl Title 168, Coloratlo Revisetl Statutes, pertain following tlesoribetl property: Parcel 4, II Aspen Mountain Sobtlivision PUD, by Notary Public m the vid of at the 1.130 s/ City of Aspen Publish in the Aspen Times Weekly on June 15, 2008.(1695481) ATTACHMENTS: COPY OF THE PUBLICATION �J LAURA 1� MEYER My Commis& Epires 0811NW AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: - q30 �A / S6-e& -, Aspen, CO SCHEDULED PUBLIC HEARING DATE: M ,r _3 Q g; oyooks y , h STATE OF COLORADO ) ) ss. County of Pitkin ) I, A-nGJ+JGI _Scq �e (name, please print) being ese t nin g an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V / Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) 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 notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. 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 all owners of 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) ii Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. 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 Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signatefe The foregoing "Affidavit of Notice" was acknowledged before me this A/ day 2006, by ,6n ?P.0 SCOYP.c / WITNESS MY HAND AND OFFICIAL SEAL My commission expires: N s,i11 O kX 16 qnAAA ��Lir/tn Notary Public `� v LAURA rACHMENTS AS APPLICABLE: MEYER �LICATION 9'' THE POSTED NOTICE (SIGN) OF CO�d sIW Erspame" Cheir Aspen Planning and Zening Commission ' OWNERS AND GOVERNMENTAL AGENCIESWf,DMM601 Pablished in the Aspen Times Weekly on May 18, r 2008.(1548500) APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24 -65.5 -103.3 810120+0 RECEPTION #: 550127, 062008 at 09:28:58 AM, I OF 4. R $21,00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO SOLUTION No.18 (Series of 2008) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW AND RESIDENTIAL DESIGN VARIANCES FOR PARCEL 5, TOP OF MILL SUBDIVISION/PUD, A PLANNED COMMUNITY, COMMONLY KNOWN AS 934 SOUTH MILL STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-02205 WHEREAS, the Community Development Department received an application from Ian and Isabelle Loring, represented by Sunny Vann of Vann Associates LLC, for variances to the Residential Design Standards for building orientation, and build -to lines; and an "8040 Greenline Review;" and, WHEREAS, the subject property is zoned Lodge with a Planned Unit Development Overlay (L/PUD) in the Top of Mill Subdivision (Aspen Mountain Subdivision) PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, of the land use requests; and, WHEREAS, during a duly noticed public hearing on June 3, 2008, the Planning and Zoning Commission approved Resolution No. 18, Series of 2008, by a five to zero (5 -0) vote, approving variances to the Residential Design Standards for building orientation, and build -to lines; and approving an "8040 Greenline Review. "; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission 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 Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves variances to the Residential Design Standards for building orientation, build -to lines; and an "8040 Greenline Review" on Parcel 5, Top of Mill Subdivision/PUD, A Planned Community, City and Townsite of Aspen, Pitkin County, Colorado. r 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 Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final P &Z Resolution. b. A Construction Management Plan C. Engineered drawings for the deflection wall (as shown on PUD plat) Section3: This resolution shall not affect 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 thereof. Section 5: Vested Property Rights The development approvals granted herein shall constitute a site - specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Parcel 5, Top of Mill Subdivision/PUD, City of Aspen Townsite, for Residential Design Standards Variances and 8040 Greenline Review by the Aspen Planning and Zoning Commission. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 3rd day of June, 2008 MEMORANDUM TO: Plans were routed to those departments checked -off below: Y ........... City Engineer Y ........... Zoning Officer N ........... Housing Department Y ........... Parks Department N ........... Aspen Fire Marshal N ........... Aspen Consolidated Sanitation District Y ........... Building Department N ........... Environmental Health N ........... Utilities / Public Works N ........... Holy Cross Electric N ........... City Attorney N ........... Streets Department N ........... Historic Preservation Officer N ........... Pitkin County Planning N ........... County & City Disaster Coordinator N ........... Police N ........... Transportation N ........... Parking FROM: Jason Lasser Community Development Department, 130 S. Galena St.; Aspen, CO 81611 Phone - 429.2763 Fax - 920.5439 DATE: April 4, 2008 RE: DRC Review — Lot 5 T O Mill Subdivision — Development in Environmentally Sensitive Areas — 8040 Greenline Review The Applicant would like to develop a single family home in an Environmentally Sensitive Area. DATE OF DRC MEETING: April 16th @ 1:30 in the Sister Cities Room Blank Page 1 of 1 Jason Lasser From: Todd Grange Sent: Friday, April 18, 2008 10:41 AM To: Jason Lasser Subject: DRC comments - 8040 GREEN LINE REVIEW Jason, Please call or stop by if you have any questions or need further clarification on below comments. Lot 5 T.O. Mill Subdivision Confirm grade: The site plan appeared to be using an interpolation of grade or a finished grade. It did not appear to reflect the grade in the Top Of Mill Subdivision / PUD sheet C4. Sheet C3, 1975 Topography, notec as a reference for natural grade, was not found in the packet. Please clarify the grade on the Site Plan page. Height will be taken from the most restricted grade. Plan set will require a a roof plan over topo map with all pertinent roof heights marked and listed in corresponding key. The spots on this key and page should relate to same locations on elevation pages. Applicant will submit a Residential Design Standard page with plan set. A new requirement. Todd Grange, Zoning Officer Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Phone: (970)429 -2767 Fax: (970)920 -5439 www.aspenpitkin.com 5/13/2008 EXHIBIT LAND USE APPLICATION (Indicate street address, rot & block number, legal description where appropriate) I I I I I I PROJECT: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ APPLICANT: ❑ Name: ❑ Location: ❑ ParcellD # (RE L Final SPA (& SPA Amendment) ESA — 8040 Greenline, Stream REPRESENTATIVE: EXHIBIT LAND USE APPLICATION (Indicate street address, rot & block number, legal description where appropriate) I I I I I I PROJECT: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Special Review ❑ Design Review Appeal ❑ I GM S Allotment ❑ QS Exemption Final SPA (& SPA Amendment) ESA — 8040 Greenline, Stream ❑ Margin, Hallam Lake Bluff, ❑ Historic Designation Mountain View Plane ❑ Lot Split ❑ Lot Line Adiustment CONDITIONS: I ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ Subdivision ❑ Historic Designation ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ condominiumization) Expansion ❑ Temporary Use Other: ❑ Text/Map Amendmenta//i�� /'`�G5�61y of existing buildings, uses, previous approvals, etc.) G.�E �ini� /�T��✓ PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Hav ou attached the following? FEES DUE: $ V- Application Conference Summary [� A chment #1, Signed Fee Agreement es nse to Attachment #3, Dimensional Requirements Form esponse to Attachment #4, Submittal Requirements - Including Written Responses to Review Standards EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development ,Application Fees �- CITY OF ASPEN (hereinafter CITY) and /.4N �t (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. �., _ APPLICANT has submittgd to CITY n a_pplisatio�n� (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a ■ condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. g:\.s u pport \forms \a grpayas.d oc tc 11/30/04 �t 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. its 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $14518 which is for 4� hours of Community Development staff time, and if actual recor edd costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments �E shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: IChris Bendon ■ Community Development Director Date: YA Billing Address and Telephone Number: Required - 15;/°GY-d f Iore/`2 4-4Alw g:\.s u pport \forms \a grpayas.d oc tc 11/30/04 �t Fie gdR Record R -Igete Farm Repots Forn* lab b* aX _l_9as` Q A o]AAA ¢j ii ■c� ®� o J ti g. Mehl CuAan Feld: I Actions I Feet I Fee Summars.I.Yalualion I Parcels I SubPartnts I Condtima I Routing f julay 1 Panty} Type aslu v Aspen Land Use Petmo It 02.2008.AAU y Addasa 1934 5 ML 2, ApVSute City ASPEN - - -- - ..Slate FCO Zy 81611 J -- Pwmi lnlormabon Maslen Fenno �Zi RoWng Dixue aslu07 Applied 011192008 gz Project J Stelus Pending Approved R Desorption RESIDENTIAL DESIGN STANDARDS Issued — Fi al Sub,,M d SUNNY VANN 9256958 Cb& Ru.;g Deys I 0 Egies 0110812009 J Last Name iLORING Fed New FkAN &ISABELLE 15 POLO FIELD LN DEDHAM MA0M26 Phone (61713126664 r Dwrorls Applicant? Last Name LORING JZ FW Nana IAN & ISABELLE Phone 116171312-6664 Cud it 128042 Z.. :NameJ Fist Name —� F. MAN 2 ,737- 18 -2 -62- 205 5 POLO FIELD LN DEDHAM MA02026 ©oog, og • ASC-Vt FINHOLM ARCHIS, INC. 111 -L Aspen Busin s Center Aspen, CO 81611 (970) 925.5713 C p,, Fax (970) 920 - 44x71, TO J ✓1 C IT ! C -�QCL) C iTV OP sq',�N� e'x iL )t k-AG7- DES WE ARE SENDING YOU Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints X�Copy of letter ❑ Change order ❑ Plans INE Mlvv ff OO I9 4G3Lal 7��]0�4LQC� 1729 DATE 116 JOB NO. 1 ATTENTIO aE: 1 -Vp� �, O ILL `GT_r'_G -P�CD copies for distribution ric,/.cAkS2 v I the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION Approved as noted ❑ Submit copies for distribution ric,/.cAkS2 v ❑ Return corrected prints S THESE ARE TRANSMITTED as checked below: ❑ For approval AFor your use ❑ As requested ❑ Approved as submitted ❑ Resubmit copies for approval Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE REMARKS ❑ PRINTS RETURNED AFTER LOAN TO US CITY r;F ASPEN COMMIJN _ F"HUHAW COPY TO SIGNED: 1—a rill D `rl4 K/Lr I If enclosures are not as noted, kindly notify us at once. W-' P K O P E K T I E S C1 P A S P l5 v January 14, 2008 City Of Aspen Building Department 130 South Galena St. Aspen, CO 81611 To Whom It May Concern: I am writing to you on behalf of the Top of Mill Master Homeowners Association located at Top of South Mill Street in Aspen. The Master Association and its Design Review Committee (SARC) approve the Conceptual Design for the home on lot #5 (Loring Residence) located within the Top of Mill Master Association and the owner has permission to proceed with the process involved with moving this project forward. Sincerely, v v Eraig Allen Association Property Manager Frias Properties of Aspen 970 - 429 -2436 REM IVED 'PEN "PMENT REAL ESTATE • PROPERTY AIAN,46EA1ENI • VACATION RENTALS • SINEL 19 -4 730 E,,t D...... ArP". Ca[orado 81611 970- 920 -2000 r,iz 970- 920 -2020 1 -800- 633 -0336 �7Lj THE CITY OF ASPEN Land Use Application Determination of Completeness Date: January 15, 2008 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0002 2008 ASLU (934 S. Mill Street). The planner assigned to this case is Jason Lasser. The public hearing on the application is scheduled for June 3, 2008. ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. -21your Land Use Application is complete: If there are not missing items listed above, to begin the land use review process. then your application has been deemed complete Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2759 if you have any questions. Th You, i er Ph &, Deputy Director City of Aspen, Community Development Department C: \Documents and Settings \jennifep \Desktop \organized \G Drive \Templates \Completeness Letter Land Use.doc M. is w PARCEL 5, TOP OF MILL SUBDIVISIONTUD 8040 GREENLINE REVIEW APPLICATION r w r r r r r w AN APPLICATION FOR 8040 GREENLINE REVIEW, VARIANCES FROM THE RESIDENTIAL DESIGN STANDARDS, AND ACCESSORY DWELLING UNIT APPROVAL FOR PARCEL 5, TOP OF MILL SUBDIVISION /PUD Submitted by: Ian and Isabelle Loring 5 Polo Field Lane Dedham, MA 02026 (617) 312 -6664 January 15, 2008 Prepared by: VANN ASSOCIATES, LLC Planning Consultants 230 East Hopkins Avenue Aspen, Colorado 81611 (970) 925 -6958 PROJECT CONSULTANTS PLANNER Sunny Vann, AICP Vann Associates, LLC 230 East Hopkins Avenue Aspen, CO 81611 (970) 925 -6958 ARCHITECT David Finholm, AIA .. Finholm Architects, Inc. 111 -L Aspen Airport Business Center Aspen, CO 81611 «. (970) 925 -5713 �- ATTORNEY T David C. Uhlig, Esq. Klein, Cote & Edwards, LLC 201 North Mill Street, Suite 203 Aspen, CO 81611 (970) 925 -8700 CIVIL ENGINEER .. Jay Hammond, P.E. Schmueser Gordon Meyer, Inc. 118 West 6th. Street, Suite 200 Glenwood Springs, C) 81601 (970) 945 -1005 Y. w r r i SURVEYOR Kendrick Neubecker, L.S. #24325 Schmueser Gordon Meyer, Inc. 118 West 6th. Street, Suite 200 Glenwood Springs, CO 81601 (970) 945 -1004 r r r r r r TABLE OF CONTENTS Section Page I. INTRODUCTION 1 II. PROJECT SITE 3 III. PROPOSED DEVELOPMENT 6 IV. REVIEW REQUIREMENTS 24 A. 8040 Greenline Review 24 B. Residential Design Standards 25 C. Accessory Dwelling Unit 29 D. Vested Property Rights 31 APPENDIX A. Exhibit 1, Pre - Application Conference Summary Exhibit 2, Title Insurance Commitment Exhibit 3, Permission to Represent Exhibit 4, Land Use Application Form Exhibit 5, Dimensional Requirements Form Exhibit 6, Application Fee Agreement Exhibit 7, List of Adjacent Property Owners ii sr r r r r r r r r TABLE OF CONTENTS Section APPENDIX B. Exhibit 1, Top of Mill Subdivision /PUD Final Plat Exhibit 2, City of Aspen Storm Drain Pipe Easement Exhibit 3, 1975 Topography /Grading and Drainage Plan Exhibit 4, Letter from Alan Richman Planning Services C. Exhibit 1, Top of Mill Subdivision /PUD Agreement Exhibit 2, Letter from Top of Mill Site and Architectural Review Committee D. Exhibit 1, Letter from Hansen Construction iii Page I. INTRODUCTION The following application requests 8040 Greenline Review approval for the development of a single - family residence and a detached accessory dwelling unit ., ( "ADU ") on Parcel 5 of the Top of Mill Subdivision/PUD (see Pre - Application Conference Summary, Exhibit 1, Appendix A, attached hereto). The proposed development will also require two variances from the City's Residential Design Standards and accessory dwelling unit approval. Vested property rights status is requested for all w approvals granted pursuant to this application. .. The application is submitted pursuant to Sections 26.410, 26.435.030 and 26.520 of the Aspen Land Use Regulations (the "Regulations ") by Ian and Isabelle Loring (hereinafter "Applicant "), the owners of the property (see Title Insurance Commitment, +� Exhibit 2, Appendix A). Permission for Vann Associates, LLC, Planning Consultants, " to represent the Applicant is attached as Exhibit 3, Appendix A. A land use application form, dimensional requirements form, application fee agreement, and list of property owners located within three hundred feet of the project site are attached as Exhibits 4, 5, 6 and 7, Appendix A, respectively. .� The application is divided into four sections. Section I provides a brief w introduction to the application while Section II describes the project site. Section III of the application outlines the Applicant's development proposal while Section IV addresses " the proposal's compliance with the applicable review criteria of the Regulations. For the reviewer's convenience, all pertinent documents relating to the project (e.g., subdivi- w sion/PUD agreement, etc.) are provided in the various appendices to the application. w While the Applicant has attempted to address all relevant provisions of the Regulations, and to provide sufficient information to enable a thorough evaluation of the i w r I Aspen, CO, United States of America - Google Maps 12/19/07 1126 AM Address Get Google Maps on your phone So our phone PS 5 Aspen, CO Text the word' 3MAPS!'t, 46645 3 Ji J lz q� 'e- 17 , A4-er Pj Asp-- 31 J�l 02007 Google Map data 02007 14AVTEQ'" .http://map5.google-com/maps?q—Aspen.+CO,+United+States+of+Ame. &Il=39.190023,-106.81818&spn=0.021387,0.03S748&z=15&om=l&pw=2 to Page 1 of I + application, questions may arise which require further information and /or clarification. The Applicant will provide such additional information as may be required in the course of the application's review. ,. H. PROJECT SITE As the Improvement Survey Map on the following page illustrates, the project site is legally described as Parcel 5, Top of Mill Subdivision/PUD, A Planned Community, .. according to the final plat thereof recorded August 18, 2002 as Reception No. 4711099 (see Exhibit 1, Appendix B). The property's Parcel I.D. Number is 273718202205. + Parcel 5 is located at the base of Aspen Mountain and adjacent to Top of Mill Street, a private road which is accessed via South Mill Street. The property contains 10,806 .. square feet of land area and is zoned L (PUD), Lodge, Planned Unit Development. + Parcel 5 is presently being used as a staging area for the construction of a single - family *� residence on adjacent Parcel 4. Parcel 5 contains a designated building envelope, the dimensions of which were + established in connection with the City's approval of the Top of Mill Subdivision/PUD. The property is encumbered with several easements, all of which are located outside of + the building envelope. A four foot sidewalk easement is located adjacent to Top of Mill Street and within the property's front yard setback. A five foot by eleven foot utility easement, which is also located within the front yard setback, abuts the property's ++ northwest corner. A ten foot drainage easement parallels the property's eastern boundary and coincides with the approved side yard setback. As the easement grant to the City + indicates, the grantor reserved the right to use the easement for all purposes which do + not unreasonably interfere with the City's ability to maintain the storm water drain pipe located therein (see Exhibit 2, Appendix B). Access to Parcel 5 from Top of Mill Street is provided via an access easement which encumbers Parcel 4. 3 ti ti 4 p O Y 4 Vq 0 Cq O Y 0 ZM tt \ O Gq.oC ,4 �ig 4.! y >� E 6o v �°v •' a 2 2, °\ -- °o'c `.� c°u� °� yc F �i .c °~ems vN p9$�ON$4<a�o� ITT g v e+ o ry$ Ycav�$O o'^a:.$ °o unuGC ua JN � N I°i 8 $v- VJ 'j, N ♦ '� i °a .�v. ,.4vu °¢uh 1° Eo yea N� FG13 �p N\ ut Cj° L O a��G g L �� pC)p &�$ °uo o gu Boa 'G$ v$ - c'`` $E S` °c� °e'- "o >9 •......:ei v.E k r^ ¢4 Oq uF �EvooC o'er U � 0 dy4 �Y� Zu °10' �i 'J g$h co�ao GFc E� Q a `ccvc° c` ♦0 44ag ° C '� % (V col QQ� S hJypN O� e00O04J`O � ° �O NNN4P N� i O �`$U�Nq$$ 0 VJ � N\jFa ° y�y1�YJY ¢ Q °¢E. �$!y0•- VU ~b $N[ �e $¢ N uU EGn•N4C L° IZ ({may Yom) 8g�L1 ca@ecYU (L °iQ�Eo t ; OQ e C p � Y8'y4 k:: � � ogc ppyb o v v v�v�we owe o ° �NO$ 4 I�E�$�' IL4�G$o I£$ <`o oURH a `o ev li9m°3° IMC � -�n P�'FNO o00 li a hQb rJ� g p0 mh'mm^ 'I WOgohb uOy N^th ¢wm °nom ^ a khti W V¢u J O jLu VpM1h Oh Oyy„p„ yy2Rp ?uVU \ O U 'r~ v, ¢ �W \ 7 gfi 16 / X29 y:% m �lrjrJ �4ti.10.or5 � s h W ON n h v m OmO eEl ° a'C�4 8e °m u ZO 1� N$O U�v i 1 Q O Q� Wp1�Nl'I Jg�pO o-"vo9 om ti Bm�O i w yr" m� 0 Yak w .6- �� / .'i� Vi 00 U* e� N I --> C i a O ) lv�rvis ✓J i \ � � h� — s I N I � I I { I U o � YSY I g d^ k8kz `E 1 �`y Y,,• I h� ikEx� I g Yoo. 'TEk� "ee I PYSpe I 6 I �Y �tl �t`•s X: ....w ..wrr.osr >'vn *.I ....w .wsa ax sro oros n.n- c,.,.ro�.- .liaua.ri.wno Parcel 5's natural grade for building height measurement purposes is depicted on Sheet C3, 1975 Topography, and Sheet C4, Grading and Drainage Plan, which were recorded contemporaneously with the Top of Mill Subdivision/PUD final plat (see Exhibit 3, Appendix B). The grades depicted thereon have been used in the design of the Applicant's proposed residence as well as the other residences which have been developed to date within the subdivision. With respect to allowable height, it should be noted that the current incarnation of the L, Lodge, zone district does not allow single - family residences as a permitted use. .. Confirmation as to the ability to construct a single - family residence on Parcel 5, however, was obtained by Alan Richman in January of 2007 (see Exhibit 4, Appendix B). While the Community Development Department ( "COMDEV ") also confirmed the allowable floor area of the proposed residence, it did not address the issue of height. As the L, Lodge, zone district does not contain an allowable height limit for single - family residences, COMDEV has since determined that the applicable height limit is twenty -five feet (i.e., that which is presently permitted in the City's residential zone districts). Pursuant to Section 9.15 of the subdivision's Master Declaration of Protective .r Covenants, the applicant is required to construct a debris flow deflection wall, the location of which is depicted on the final plat, no later than the completion of the W foundation work for the residence. The deflection wall was approved by the City in connection with the approval of the Top of Mill Subdivision/PUD. The protective covenants also establish performance standards with which all construction must comply. The standards govern excavation and construction; the removal of contaminated soils; dust suppression; landscaping; soil testing; and restoration following construction. The r deflection wall will be constructed prior to the residence's foundation and all require- ments regarding excavation and construction will be strictly adhered to. 5 III. PROPOSED DEVELOPMENT I As the architectural plans and elevations on the following pages illustrate, the .. Applicant proposes to construct a seven bedroom single- family residence with seven full baths and two half baths, and a one bedroom accessory dwelling unit on Parcel 5. The residence will contain approximately 5,163 square feet of floor area inclusive of the proposed ADU. The ADU will contain approximately five hundred square feet of net y, livable area and will be registered with the Aspen/Pitkin County Housing Authority ( "APCHA ") and deed restricted in accordance with Section 26.520.070 of the Regulations. As no floor area bonus is requested, mandatory occupancy will not be .. required. On -site parking for the residence will be provided in an enclosed two car garage. One additional surface parking space will be provided for the ADU adjacent to the garage and within the existing drainage easement. Please note that the allowable floor area for Parcel 5 was established as 5,200 square feet inclusive of any on -site ADU in connection with the City's approval of the Top of Mill Subdivision/PUD (see Article 2, paragraph 2.2(e), Top of Mill Subdivi- _ sion/PUD Agreement, Exhibit 1, Appendix Q. As discussed previously, the property's allowable floor area has been confirmed by COMDEV. Article 2, paragraph 2.2(i) of the Agreement requires the provision of an on -site ADU or a cash -in -lieu payment d. thereof for affordable housing mitigation purposes. The form of mitigation, however, is at the discretion of the parcel owner. In the event constructed, the ADU must be y approved, constructed and deed restricted in accordance with the City's ADU regulations in effect at building permit submission. The proposed residence has been sited in the northernmost portion of the building „ envelope so as to maximize its southern exposure. 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The detached ADU is located behind the residence in the southern portion of the property. A large terrace, which abuts the debris flow deflection wall to be constructed along Parcel 5's rear property line, will provide usable outdoor space for IN both the residence and the ADU. Pedestrian access to the residence will be provided from Top of Mill Street via the adjacent sidewalk and entry walkway. Access to the ADU will be provided directly from the outdoor terrace via-exterior stairs and a walkway ■ from the ADU parking area. Pedestrian access from the Top of Mill Street sidewalk to V ADU parking area will be provided via the Parcel 5 access easement and the driveway to be constructed therein. Both the stairway and terrace will be snowmelted. The proposed residence has been designed in compliance with the Top of Mill Subdivision/PUD's adopted design guidelines and, to the extent feasible, with the City's Residential Design Standards. Two variances from the Residential Design Standards, however, are required and are discussed in detail in Section IV.B. of this application. Conceptual design approval has been granted by the Top of Mill Site and Architectural Review Committee pursuant to the subdivision's design guidelines (see Exhibit 2, r Appendix C). As the ,architectural elevations illustrate, the residence consists of a two r story structure which has been nestled into the sloping site to reduce its apparent bulk and mass. Its roofs forms are fragmented and include dormers, overhangs, brackets, and trusses to further reduce the mass of the structure. The residence's principal building materials include stone veneer, horizontal wood siding and a wood shingle roof. As discussed previously, the Community Development Department has determined the maximum allowable height limit for Parcel 5 to be twenty-five feet as measured pursuant to the City's current land use regulations. The proposed residence complies with this required height limit as measured pursuant to the Regulations and the property's recorded '1975 topography. 23 2. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. As discussed previously, the proposed residence has been designed to comply with the City's Residential Design Standards and the Top of Mill Subdivi- sion/PUD's design guidelines. The residence has been nestled into the site and numerous architectural features have been incorporated to reduce it apparent bulk and mass. These features include the use of fragmented roof forms, dormers, overhangs, brackets, and trusses, all of which further help to breakup the structure's mass. It should also be noted that the proposed residence will be lower in height than its immediate neighbors due to COMDEV's imposition of a twenty -five foot height limit. The adjacent residences were subject to the former L /TR zone district's twenty -eight foot height limit that was in effect at the time their building permits were issued. B. Residential Design Standards Pursuant to Section 26.410.010.B. of the Regulations, all residential development requiring a building permit is subject to compliance with the City's Residential Design Standards. Pursuant to Section 26.410.020.D., administrative variances from the standards may be approved by the Community Development Director if no more than three variances from the standards are requested. Variance requests which do meet the requirements for administrative approval may be granted by the P &Z. As the proposed development will require only two variances, P &Z review and approval is not required. The requested variance may be approved by the Community Develop- " ment Director. The applicable Residential Design Standards, and the proposed development's compliance therewith, are summarized below. -� 1. Section 26.410.040.A.1., Building Orientation. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint 25 of the arc of the street. Given Parcel 5's limited street frontage, and the resulting configuration of the approved building envelope, no reasonable ability exists to design a residence meeting this requirement. As the proposed site plan illustrates, the east and west facades of the residence, and the south facade of the ADU, parallel the parcel's building envelope lines. The proposed residence is also oriented in line with the existing residence on adjacent Parcel 6. A variation from this. standard, therefore, will be required. 2. Section 26.410.040.A.2., Build -to Lines. On parcels or lots of ,. less than 15,000 square feet, at least 60 percent of the front facade shall be within five feet of the minimum front yard setback line. As discussed above, only a small portion of Parcel 5 (i.e., approximately 22 feet) abuts the street. The front yard setback line is even shorter given the property's previously approved side yard setback requirements. No reasonable ability exists, therefore, to located a minimum of 60 percent of the proposed residence's front facade within five feet of the front yard setback line. Notwithstanding these constraints, approximately 57 percent of the residence's front facade meets this requirement. A variation from this standard, therefore, will also be r required. 3. Section 26.410.040.A.3., Fences. This standard does not apply as no fences, hedgerows, planter boxes or man -made berms are proposed. 4. Section 26.410.040.B.1., Secondary Mass. All new single - family and duplex structures shall locate at least 10 percent of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. The detached ADU constitutes a secondary mass which contains 12 percent of the proposed development's above grade square footage. This review standard, therefore, has been met. 26 5. Section 26.410.040.C.1.a., Parking, Garages and Carports. Parking, garages and carports shall be accessed from an alley or private road. The proposed residence is accessed from a private road. r 6. Section 26.410.040.C.1.b., Parking, Garages and Carports. If the garage doors are visible from a street or alley, they shall be single -stall doors, or .. double -stall doors designed to appear like single -stall doors: The proposed residence's garage complies with this standard as it contains two single -stall doors. 0 0, .o 7. Section 26.410.040.C.1.c., Parking, Garages and Carports. If garage doors are not visible from a street or alley, the garage doors may be either single -stall or normal double -stall doors. This standard does not apply as the proposed residence's garage doors face the street. 8. Section 26.410.040.C.2., Parking, Garages and Carports. This standard does not apply as Parcel 5 is not accessed from a public street. 9. Section 26.410.040.D.1.a., Street Oriented Entrance and Principal Window. The entry door shall face the street and be no more than ten feet back from the frontmost wall of the building. Entry doors shall not be taller than eight feet. The residence's entry door complies with this standard. It is located on the front most wall of the structure facing the street and measures 3.5 feet wide by eight feet high. 10. Section 26.410.040.D.1.b., Street Oriented Entrance and Principal Window. A covered entry porch of fifty or more square feet, with a minimum depth of six feet, shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. The proposed residence complies with this standard as it includes a one -story, covered entry porch containing ninety square feet with a depth of six feet. 27 11. Section 26.410.040.D.1.c., Street Oriented Entrance and Principal Window. A street facing principal window requires that a significant window or group of windows face the street. The proposed residence complies with this standard as it contains principal windows in its entry area and living, dining and master bedroom, r all of which face the street. 12. Section 26.410.040.D.2., First Story Element. All residential buildings shall have a first -story, street facing element the width of which comprises at r least 20 percent of the building's overall width and the depth of which is at least six feet from the wall the first -story element is projecting from. The proposed residence's front porch constitutes a first story element the width of which is 20.9 percent of the structure's overall width. The depth of the porch is six feet. The proposed residence therefore, complies with this standard 13. Section 26.410.040.D.3.a., Windows. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine and twelve feet above the finished first floor. No street facing windows are proposed which span through the area of the residence where a second floor level would typically exist. The proposed residence, therefore, complies with this standard. 14. Section 26.410.040.D.3.b., Windows. No more than one non- orthogonal window shall be allowed on each facade of a building. This standard does not apply as the proposed residence contains no non - orthogonal windows. 15. Section 26.410.040.D.4., Lightwells. All areaways, lightwells and /or stairwells on the street facing facades of a building shall be entirely recessed behind the frontmost wall of the building. The proposed residence contains two " lightwells on the street facing facade. The lightwells comply with this standard as they are located behind the residence's frontmost wall. �, 28 16. Section 26.410.040.E.1.a., Materials. The quality of the exterior materials and details and their application shall be consistent on all sides of the building. The proposed residence's exterior materials and their application are consistent on all sides of the structure. *� 17. Section 26.410.040.E. 1.b., Materials. Materials shall be used in ways that are true to their characteristics. The proposed residence's principal exterior .» materials consist of stone veneer and horizontal wood siding which have been used in r ways that are true to their characteristics. 18. Section 26.410.040.E.1.c., Materials. Highly reflective surfaces shall not be used as exterior materials. The proposed residence's exterior materials do not contain highly reflective surfaces. 19. Section 26.410.040.E.2.a., Inflection. If a one -story building exists directly adjacent to the subject site, then the new construction must step down to one -story in height along their common lot line. This standard does not apply as no one - story buildings are located adjacent to Parcel 5. — C. Accessory Dwelling Unit Pursuant to Section 26.520.050 of the Regulations, all accessory dwelling must conform to the following standards. 1. An ADU must contain between 300 and 800 net livable square feet, 10 percent of which must be a closet or storage area. W M The proposed ADU will contain approximately five hundred square feet of net livable area, approximately fifty -five square feet, or 11 percent of which is contained in the unit's closets. 29 2. An ADU must be able to function as a separate dwelling unit. As the proposed site plan indicates, the ADU is separately accessible via an exterior stairway and door. The one - bedroom unit will contain a kitchen area consisting of an oven, a stove with a minimum of two burners, a sink and a refrigerator with a minimum of six cubic feet of capacity and a freezer. The unit will also contain +� a bathroom with a sink, toilet and tub with shower. The unis utilities will be separately accessible. 3. One parking space for the ADU shall be provided on -site and shall remain available for the benefit of the ADU resident. One on -site parking space will be provide for the ADU, the location of M which is depicted on the site plan. 4. The finished floor height(s) of the ADU shall be entirely above the natural of finished grade, whichever is higher, on all sides of the structure. The finished floor height of the ADU will be located entirely above grade. 5. The ADU shall be detached from the primary residence. As the site plan illustrates, the proposed ADU will be detached from the primary residence. 6. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. Parcel 5's front, rear and side yard setbacks were established in connection with the City's approval of the Top of Mill Subdivision/PUD and are depicted on both the final plat thereof and on the Improvement Survey Map. The proposed ADU has been located within the parcel's approved building envelope. 30 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If the entrance is accessed by stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. The entrance to the ADU is located beneath an overhanging gable roof which will protect it from snow and ice shedding. The exterior stairs that provide access to the outdoor terrace and ADU will be heated to prevent "tfie accumulation of snow and ice, and snow brakes and gutters will be installed on adjacent roofs to prevent sliding. B. ADUs shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, the Uniform Building Code requirements related to adequate natural light, ventilation, fire egress, fire suppression, and sound attenuation between living units. The proposed ADU has been designed in compliance with the applicable requirements of the International Residential Code. 9. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070, Deed Restrictions. The proposed ADU will be deed restricted prior to application for a building permit. The deed restriction will require that all occupants of the ADU be qualified as local working residents pursuant to APCHA's Housing Guidelines. The ADU will also be restricted to lease periods of six months or greater in duration, or as w otherwise required by APCHA. All leases will recorded with APCHA. The deed 0 restriction, however, will not require mandatory occupancy. D. Vested Property Rights In order to preserve the land use approvals which may be obtained as a result of this application, the Applicant hereby requests vested property rights status 31 w w pursuant to the provisions of Section 26.308.010.A. of the Regulations. It is our understanding that the receipt of all required development approvals from the City Council and the issuance of a Development Order by the Community Development Department is sufficient to confer a vested property right, and that no further actions on behalf of the Applicant are required. 32 r r r a. APPENDIX A EXHIBIT CITY OF ASPEN PRE- APPLICATION CONFERENCE SUMMARY w PLANNER: Jessica Garrow, 429 -2780 DATE: 12.13.2007 PROJECT: Parcel 5, Lot 3 Aspen Mountain Subdivision /PUD (Top of Mill) REPRESENTATIVE: Sunny Vann Vann Associates Tel: 925.6958 DESCRIPTION: The Applicant would like to construct a new single - family home and a detached ADU on Lot 5 of the Top of Mill subdivision /PUD. The detached ADU must meet all requirements of the ADU chapter (section 26.520), including recording a deed restriction with APCHA, and all design standards. The detached ADU may be used to meet the affordable housing mitigation, pursuant to section 26.470.060.2 of the Land Use Code The Applicant is required to go through an 8040 Greenline Review, as required by Ordinance No. 7 (Series 2002). Only two review standards are required to be met as outlined in section 17 of the ordinance. Those two sections are: §26.435.030 C.3 and §26.435.030 C.7. If the Applicant wishes to vary any Residential Design requirements, a variance from these requirements may be combined with the 8040 Greenline Application. Relevant Land Use Code Section(s): 26.410 Residential Design Review 26.435.030 8040 Greenline Review 26.445.100B PUD Other Amendment 26.470.060.2 Administrative Growth Management Review — Single Family Home 26.520 Accessory Dwelling Units & Carriage Houses 26.600 Impact Fees http: l/ www. aspenpitkin .com /depts /38 /citycode.cfm See also: Housing Guidelines Review by: Minor Applications to the Planning and Zoning Commission require a deposit of $1,410 for 6 hours of time. .. Additional time is billed at a rate of $225 per hour. Minor Referrals from Parks and Engineering are also required; these are each billed at $204. Referral Agencies: None. Planning Fees: Minor. $1,350 Referral Agency Fees: Parks. $204; Engineering. $204. Total Deposit: $1,818 w To apply, submit the following information: ❑ Proof of ownership with payment. �. ❑ Signed fee agreement. ❑ 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. .. ❑ 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. ❑ Total deposit for review of the application. ❑ 13 Copies of the complete application packet and maps. FN HPC =12; PZ =10; GMC = PZ +5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 1 ❑ An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. �. ❑ 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.) ❑ 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. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing ❑ Copies of prior approvals. ❑ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of " the following digital formats. Compact Disk (CD)- preferred, Zip Disk or FFoppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. ❑ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building - related and accessibility regulations. You may contact the Building Department at 920 -5090 for additional information. Y. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, W. 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. w. r Fil COMMITMENT FOR TITLE INSURANCE °^ SCHEDULE A 1. Effective Date: December 18, 2007 at 8:00 AM Case No. PCT21792PRO ' 2. Policy or Policies to be issued: r (a) ALTA Owner's Policy- (6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: .� (b) ALTA Loan Policy- (6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: EXHIBIT 2 (c) ALTA Loan Policy- (6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: IAN LORING and ISABELLE LORING 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is m described as follows: PARCELS, TOP OF MILL SUBDIVISION /PUD, A PLANNED COMMUNITY, according to the Final Plat for Top of Mill Subdivision /PUD, a Planned Community recorded August 18, 2002, in Plat Book 62 at Page 4 as Reception No. 471099. PITKIN COUNTY TITLE, INC. Schedule A -PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970 - 925 -1766 Phone/970- 925 -6527 Fax unless the Insuring 877 -217 -3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: EXHIBIT January 3, 2008 Ms. Jessica Garrow Community Development Department 130 South Galena Street Aspen, Colorado 81611 — Re: Permission to Represent Dear Ms. Garrow: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for 8040 Greenline review approval for the development of a single- family residence and an accessory dwelling unit on Parcel 5 of the Top of Mill 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, Ian and Isabelle Loring Ian Loring 5 Polo Field Lane Dedham, MA 02026 (617) 312 -6664 APPLICANT: Name: W Location: v Parcel ID # (REOUIRED) s REPRESENTATIVE' - Name: Address: Phone #: " PROJECT: Name: Address: Phone #: EXHIBIT LAND USE APPLICATION (Indicate street address, rot & block number. leeal description where annronrinte) -G5�,r8 TYPE OF APPLICATION: (please check all that ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Temporary Use ❑ Conceptual Historic Devt. ❑ Final Historic Development ❑ Minor Historic Devt. ❑ Historic Demolition ❑ Historic Designation ❑ Small Lodge Conversion/ Expansion Other: �figG �S /6i�/ —• r . - , . - -- / - ,- — EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: .. H,—a,fv �'ou attached the following? FEES DUE: $� ��4 LrJ "l - Application Conference Summary tL A chment #I, Signed Fee Agreement ar Response to Attachment #3, Dimensional Requirements Form esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards r R ❑ Conditional Use ❑ Special Review ❑ Design Review Appeal ❑ GMQS Allotment ❑ GMQS Exemption ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Lot Split ❑ Lot Line Adiustment ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Temporary Use ❑ Conceptual Historic Devt. ❑ Final Historic Development ❑ Minor Historic Devt. ❑ Historic Demolition ❑ Historic Designation ❑ Small Lodge Conversion/ Expansion Other: �figG �S /6i�/ —• r . - , . - -- / - ,- — EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: .. H,—a,fv �'ou attached the following? FEES DUE: $� ��4 LrJ "l - Application Conference Summary tL A chment #I, Signed Fee Agreement ar Response to Attachment #3, Dimensional Requirements Form esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards r R s r ATTACHMENT DIMENSIONAL REQUIREMENTS FORM Project: %�yt —� G- .. Applicant: Location: w Zone District: , G cYxgC' .. Lot Size: /dam 0'nG w. Lot Area: EXHIBIT (for the purposes of calculating Floor Area, Lot Area may be reduced for areas �- within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: �- On -Site parking: Existing: Required: Proposed: % Site coverage: Existing. Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required. Proposed.' Rear Setback: Existing: Required: Proposed. Combined F /R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: r Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed:_ Buildings s Existing non - conformities or encroachments: r ,� Variations requested: r r w r EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees 1 CITY OF ASPEN (hereinafter CITY) and 1V (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. � _ AP�ICA�NT has submitt�to CITY a li/ atiop f (hereinafter, THE PROJECT). ). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. —^ 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $/?/8 which is for hours of Community Development staff time, and if actual recor edd costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN W Chris Bendon Community Development Director r g:\support\ftirnis\agrpayas.doc 11/30/04 r r APPLICANT By: Date: y 2)d Billing Address and Telephone Number: Required S/tXa z_ Easy Peel Labels L7► A See Instruction Sheet i /J► Use Avery® TEMPLATE 51600 ® iFeed Paper for Easy Peel Featurei ® ® EXHIBIT 1/2 AS RANCH HOLDINGS LLC 3U TELECOM INC TX575 911 SOUTH MILL +.ATTN CURT SANDERS PROPERTY TAX DEPT C/O FRIAS PRO 201 N MILL ST #201 1802 N CARSON ST #212 -2683 730 E DURANT - ASPEN, CO 81611 CARSON CITY, NV 89701 ASPEN, CO 81611 40 918 MILL ST TOW NHOMES CONDO ,. ASSOC COMMON AREA as m-- - -- - _ POLLO COMMUNICATIONS LLC TL364 ROPERTY TAX DEPT 2790 N ACADAMEY BLVD #110 "'COLORADO SPRINGS, CO 80917 ASPEN SKIING COMPANY LLC rPO BOX 1248 ASPEN, CO 81612 1. ACCERIS MGMT & ACQUISITION LLC TX653 PROPERTY TAX DEPT 1001 BRINTON RD PITTSBURG, PA 15221 ASPEN NORDIC CENTER C/O UTE MOUNTAINEER 308 S MILL ST ASPEN, CO 81611 ASPEN VALLEY RANCH SGS -AVD LLC / SPENCER ANGEL 12550 BISCAYNE BLVD #500 NORTH MIAMI, FL 33181 "AT & T COMMUNICATIONS TL369 AT &T MOBILITY LLC TM439 J DIFERDINANDO PROPERTY TAX DEPT PROPERTY TAX DEPT .PO BOX 7207 PO BOX 97061 BEDMINSTER, NJ 07921 REDMOND, WA 98072 BIDGLE LLC BIRDMAN DIANE ' 5463 E SOPRIS CREEK RD 425 N FEDERAL HWY a. SNOWMASS, CO 81654 HALLANDALE, FL 33009 "BORNEMAN BRADLEY A BRIDGE TIM LOUGHEAD EDWARD 300 PUPPY SMITH ST STE 203 -225 ...PO BOX 552 ASPEN, CO 81611 BOYERTOWN,PA 19512 CADER ANDREW CANASHUGO "C /O STIRLING HOMES ARGUETA NOLVIA A 600 E MAIN ST #102 922 S MILL ST #2 (B) — ASPEN, CO 81611 ASPEN, CO 81611 'CERISE RENO K MPO BOX 885 BASALT, CO 81621 r __ mCHILDS INVESTMENT COMPANY 0284 CR 102 WCARBONDALE, CO 81623 CERISE RORY N & LUCY W 3006 EMMA RD BASALT, CO 81621 CJW ASPEN LLC 2572 NE MILDRED ST JENSEN BEACH, FL 34957 ACN COMMUNICATION SERVICES TX414 PROPERTY TAX DEPT 32991 HAMILTON CT FARMINGTON HILLS, MI 48334 ASPEN SHAW PROPERTIES LLC 300 KALAMATH ST DENVER, CO 80223 ASPENITALL LLC 50% 3755 NE 214TH ST AVENTURA, FL 33180 BENNETT WOOD INTERESTS LTD PO DRAWER 1011 REFUGIO, TX 78377 BLEILER JUDITH A PO BOX 10220 ASPEN, CO 81612 BULLSEYE TELECOM INC TX571 PROPERTY TAX DEPT 25900 GREENFIELD RD #330 OAK PARK, MI 48237 CERISE CONRAD N & LAVANIA 3004 EMMA RD BASALT. CO 81621 CHAPARRAL ASPEN 7 LLC C/O 132 W MAIN ASSOC INC 11001 W 120TH AVE #310 BROOMFIELD, CO 80021 COHN PETER & MORLEY & CRAIG 1432 MURRAY DR LOS ANGELES, CA 90026 Actiquettes faciles a peler A Consultez la feuille www.avery.com . WH --- ._ _..r....:. AacnvO clan® ce..e de 1_2nn_rn_ASmcv –Easy Peel Labels Jse Avery® TEMPLATE 51600 1Feed Paper OLBERT PROPERTIES LLC See Instruction Sheet for Easy Peel Featurel ` COLE THOMAS H /O HERITAGE DEVELOPMENT 1647 E MAPLEWOOD AVE .MO BOX 4 MIDLETON CENTENNIAL, CO 80121 CO CORK, IRELAND CARBONDALE, CO 81623 COLORADO RSA NO 3 LP TM809 CONSIDINE ELIZABETH ATTN: LAUREL RETAJCZYK w 4582 S ULSTER ST PKWY STE 405 80 WASHINGTON VALLEY RD DENVER, CO 80237 .,EDMINSTER, NJ 07921 LROWN MOUNTAIN RANCH LLC 132 W MAIN ST #A °,SPEN, CO 81611 ASTON TELECOM SERVICES LLC ...X167 PROPERTY TAX DEPT .3046 BRECKSVILLE RD SUMMIT 11 #A :ICHFIELD, OH 44286 .,EVERCOM SYSTEMS INC TX159 'ROPERTY TAX DEPT w4651 DALLAS PKWY #600 DALLAS, TX 75254 -8815 CRYSTAL RIVER RANCH COMPANY PO BOX 68 CARBONDALE, CO 81623 ELLERSTEIN DAVID PO BOX 552 BOYERTOWN, PA 19512 EXCEL TELECOMM INC TX844 PROPERTY TAX DEPT 1600 VICEROY DR DALLAS, TX 75235 ,WREEDMAN MICHAEL W & NANCI GOERES NANCY 32460 EVERGREEN RD 826 SAVANNAH AVE „FRANKLIN, MI 48025 PITTSBURGH, PA 15221 �AAGER LOWELL P TRUSTEE HIBBERD LORNA W FAMILY TRUST FAGIEN DEBRA FALES WILLIAM E L M"1863 NW 53RD ST 4239 HWY 133 COLD MTN RANCH jOCA RATON, FL 33496 CARBONDALE, CO 81623 - FEDERAL EXPRESS CORP AL020 FINKLE ARTHUR A & AMELIA PROPERTY TAX DEPT 2655 LE JEUNE RD PENTHOUSE #1 "'N630 HACKS CROSS RD BLG C 3RD FL CORAL GABLES, FL 33134 AEMPHIS, TN 38125 -8800 ,WREEDMAN MICHAEL W & NANCI GOERES NANCY 32460 EVERGREEN RD 826 SAVANNAH AVE „FRANKLIN, MI 48025 PITTSBURGH, PA 15221 �AAGER LOWELL P TRUSTEE HIBBERD LORNA W FAMILY TRUST .o FIELDS EAST PINE ISLAND CHAMPAIGN, IL 61822 -6107 RYE, NY 10580 .JLOKA INC DBA MICROTECH -TEL TX257 [MESON PATRICK 3ROPERTY TAX DEPT PO BOX 2720 r6600 GREENWOOD PLAZA BLVD #300 ASPEN, CO 81612 GREENWOOD VILLAGE, CO 80111 — ttiquettes faciles h peler e A �AVERY05160 1 COLORADO DEPT OF TRANSPORTATION STATE OF COLORADO 4201 E ARKANSAS AVE DENVER, CO 80222 CONVERGENT COMM SVCS INC - TX579 ATTN STEVE PUTNAM 400 INVERNESS DR S STE 400 ENGLEWOOD, CO 80112 DESTINATION HOLDINGS FIFTH AVE LLC 800 S MILL ST #107D ASPEN, CO 81611 EMERITUS COMM FKA TELEGLOBE TX444 PROPERTY TAX DEPT 1600 VICEROY DR DALLAS, TX 75235 EXSTRA LLC MAYER C/O EXCHANGE STRATEGIES CORP 900 E HAMILTON AVE #100 CAMPBELL, CA 95008 FALRIDGE LTD C/O OATES KNEZEVICH & GARDENSWARTZ 533 E HOPKINS AVE ASPEN, CO 81611 FORT BERNARDO & LAURINDA SPEAR 3315 DEVON CT COCONUT GROVE, FL 33133 GUEST KELLEY & CATHERINE PO BOX 5578 CARMEL, CA 93921 HOLY CROSS ELECTRIC ASSN ER076 PROPERTY TAX DEPT DRAWER 2150 GLENWOOD SPRINGS, CO 81602 INTER TEL NET SOLUTIONS TX865 PROPERTY TAX DEPT 1615S52NDST TEMPE, AZ 85281 -6233 Consultez la feuille www.averycom Easy Peel labels M i A I� See Instruction Sheet 1 ® ® i ' Feed Paper for Eas Peel Feature' AVERY 5160 'Use Avery® TEMPLATE 5160 ® j Y IRVINE JOHN ALASTAIR JP INTERESTS LLC /O EDWARDS JOSEPH E III JACOB PROPERTIES OF ASPEN LLC C/O LOCKE LIDDELL & SAPP LLP 01 N MILL ST #203 500 FORD RD 301 COMMERCE ST STE 3300 '•r.SPEN, CO 81611 MINNEAPOLIS, MN 55426 FORT WORTH, TX 76102 mKM RETAIL PD309 LLOYD DAVID ASSOC M & W LLC SOURCE GAS CAVALIERS CT 3092 EDISON CT -P70 VAN GORDON OXSHOTT ROAD LEATHERHEAD BOULDER, CO 80301 AKEWOOD, CO 80228 w, SURREY ENGLAND, KT220BZ mW ATRIX TELECOM INC TX762 MAYER ROBERT G — MCBRIDE JOHN P 7171 FOREST LN #700 350 SE 28TH AVE 2500 ELK CREEK RD „DALLAS, TX 75230 POMPANO BEACH, FL 33062 SNOW MASS, CO 81654 "Cl COMMUNICATION SERVICES TL390 MCVICKER JULIET MEHRA RAMESH TRUSTEE ROPERTY TAX DEPT BOX 152206 p0 BOX 567 3115 WHITE EAGLE DR IR VING, TX 75015 -2206 MIDDLEDURY, VT 05753 NAPERVILLE, I,L 60564 METROCALL INC MOSTELLER DAVID MURCHISON ANNE A TRUST JO JOE MACHIO 2601 S QUEBEC ST #6 PO BOX 8968 O BOX 829 DENVER, CO 80231 -6039 ASPEN, CO 81612 C OLLEYVILLE,TX 76034 NAKAGWA MICHAEL F NEVIN KATHLEEN M NEXTEL WEST CORP TM611 "AGUILERA DENINE PO BOX 9110 PO BOX 8430 22 S MILL ST #3 (C) ASPEN, CO 81612 -9110 KANSAS CITY, KS 64113 -8430 ,, SPEN, CO 81611 9MIESLANIK JOHN & SONS 0979 CR 101 --`ARBONDALE, CO 81623 1ESLANIK ROBERT & WANDA 7828 CR 165 CARBONDALE, CO 81623 —ARCEL 4 TOP OF MILL LLC 0 BOX 989 COUNCIL BLUFFS, IA 51502 r PRIMUS TELECOM INC TX347 ' ROPERTY TAX DEPT- T WATTS 901 JONES BRANCH DR #900 Ii C LEAN, VA 22102 -3316 NIESLANIK MARK J 1872 PRINCE CREEK RD CARBONDALE, CO 81623 OCMC INC TX059 PROPERTY TAX DEPT 13295 MERIDIAN CORNERS BLVD STE 206 CARMEL, IN 46032 -9004 PATRICK GARY R & PATRICIA A 537 MARKET ST STE 202 CHATTANOOGA, TN 37402 NIESLANIK PAUL & CELIA 0481 CR 100 CARBONDALE, CO 81623 PAETEC COM INC TX115 PROPERTY TAX DEPT 600 WILLOWBROOK OFFICE PK FAIRPORT, NY 14450 PERRY ROBERT M & RUTH B 355 OAK RUN RD CARBONDALE, CO 81623 -2802 „tiquettes faciles a peler • •aa:— I- evcov® CIcn® C— An "bvnnmonf Consultez la feuille www.avery.com A•:...y.•..�:w.. �_onr�r_n_evcov PTARMIGAN RESOURCES /ENERGY INC PUBLIC SERVICE CO OF CO EL064 EL635 PROPERTY TAX DEPT VALLECITO HYDROELEC PROJECT PO BOX 1979 115 AABC DENVER, CO 80201 -1979 ASPEN, CO 81611 „tiquettes faciles a peler • •aa:— I- evcov® CIcn® C— An "bvnnmonf Consultez la feuille www.avery.com A•:...y.•..�:w.. �_onr�r_n_evcov Easy Peel Labels i A See Instruction Sheet !A Use Avery® TEMPLATE 51600 ® iFeed Paper for Easy Peel Featurei ® SAVERY051600 l OWEST CORPORATION TL393 REARDON DIANA ROANOKE INVESTORS LP PROPERTY TAX DEPT 1801 CALIFORNIA ST 25TH F PO BOX XX 109 CLUB CREEK CT L ASPEN, CO 81612 PO BOX 17 .,. DENVER, CO 80202 ST ALBANS, MO 63073 .. ROCKY MTN NATURAL GAS CO PT679 PROPERTY TAX DEPT 370 VAN GORDON LAKEWOOD, CO 80228 SAN ISABEL TELECOM TL822 PROP TAX / ROBERT LANE 5300 DTC PKWY #255 ^- GREENWOOD VILLAGE, CO 80111 'SMITH FREDERICK P & ESTHER B .5454 WISCONSIN AVE #1300 BETHESDA, MD 20816 r TALK AMERICA INC TX684 — PROPERTY TAX DEPT 6805 RTE 202 NEW HOPE, PA 18938 "TOP OF MILL INVESTORS LLC C/O FRIAS PROPERTIES 730 E DURANT —ASPEN, CO 81611 .TRI -M COM INC TX 613 PROPERTY TAX DEPT ,,,820 STATE ST #501 SANTA BARBARA, CA 93101 RSL COM USA INC TX835 PROPERTY TAX DEPT 1001 BRINTON RD PITTSBURGH, PA 15221 SCHALDACH NANCY REV TRUST 785 LITE COURT ASPEN, CO 81611 RUTKOWSKI AMY 922 S MILL ST #41) ASPEN, CO 81611 ._- SMITH CARLETON K CO MCVICKER JULIET PO BOX 567 MIDDLEBURY, VT 05753 SPRINT SPECTRUM LP TM435 GENE HARRIS STAY ASPEN SNOW MASS INC PO B PO BOX 8430 425 RIO GRANDE PL KANSAS CITY, MO 64113 -8430 ASPEN, CO 81611 TELECOM DBA PIONEER TELE TX965 T- MOBILE WEST CORP TM449 KEVIN PHOTIADES- REGULATORY ATTN PROPERTY TAX DEPT 583 WARREN AVE 12920 SE 38TH ST PORTLAND, ME 04103 BELLEVUE, WA 98006 TOP OF MILL LLC TOP OF MILL TH HOA 1001 E CHERRY ST 1000 S MILL ST COLUMBIA, MO 65201 ASPEN, CO 81611 -3800 JNIVANCE TELECOMMUNICATIONS - ,FX760 CONTROLLER -7101 S FOLTON ST STE 200 NGLEWOOD, CO 80112 - WAPITI RUNNING LLC 30 BOX 1003 'ASPEN, CO 81612 WILD HORSE ENERGY PT317 -C /O TOM BROWN FIELD SERVICES 555 17TH ST STE 1850 "DENVER, CO 80202 ttiquettes faciles a peter 'I ItilkPJ la naharit CVFRY® 416n® TURNBULL THOMAS & ROSAMOND PO BOX 686 CARBONDALE, CO 81623 VELMAR A COLORADO CORP 400 E MAIN ST ASPEN, CO 81611 WEISS AUSTIN R & REBECCA L 922 S MILL ST #1 (A) ASPEN, CO 81611 WORKING ASSETS FUNDING TX618 PROPERTY TAX DEPT 101 MARKET ST #700 SAN FRANCISCO, CA 94105 TYBAR RANCH COMPANY 1644 PRINCE CREEK RD CARBONDALE, CO 81623 VONAGE NETWORKS INC TX410 PROPERTY TAX DEPT 23 MAIN ST HOLMDEL, NJ 07733 -2135 WENDROW NADENE 50% 425 N FEDERAL HWY HALLANDALE, FL 33009 ZUCKER HOWARD B & DEBRA L 107 S MCINTYRE WAY GOLDEN, CO 80401 A Consultez la feuille www.avery.com arnamant om gin wvcuv ' A See Instruction Sheet ' ; ,Easy Peel Labels � � , aAVERY 051600 ; Use Avery® TEMPLATE 51600 ® 1Feed Paper for Easy Peel Featurel 1 ZUMA LLC "QC/O MANSON & KARBANK 304 W MAIN ST "'ASPEN, CO 81611 r W W W r w �M A. r s .+Etiquettes faciles A peler A Consultez la feuille www.averycom �,:�..�....:.._ Q. ti - tiAVCev APPENDIX B a W \� a � ƒ N � ...� � I• ! {( \/ �! ; §,� Ilw2 /jam \q\! /<} !E §y\ g9 &&#&pp> &raRR: 5. \ \w 2C%6J2«�JJ >Re« /«cQcG, neG22! \��L ; §,� /jam \q\! /<} !E EXHIBIT 2 CITY OF ASPEN STORM DRAIN PIPE EASEMENT THIS EASEMENT is made on August 16, 2002 and is granted by Top of Mill Investors, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of Aspen, Colorado, a Municipal corporation, hereinafter referred to as "the City." For good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: __ 1. Easement. Grantor hereby grants to the City a non - exclusive twenty foot w (20') foot wide utility easement, hereinafter referred to as the "Easement" over and across the real property located in Pitkin County, Colorado, more particularly described on Exhibit "A" attached hereto and incorporated herein, for use by the City solely for installation, maintenance and repair of a storm drain pipe. While the Easement runs through lands owned by Grantor, access to the Easement may only be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement shall be the responsibility of the City. Except as specifically provided herein, no other lands of Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express or implied, over lands of Grantor not described in Exhibit "A" for access to the Easement. Grantor reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all purposes and uses _. which do not unreasonably interfere with the use and enjoyment by the City or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. In the event that the City damages any landscaping or other improvements located in the Easement in connection with the rights granted hereunder, the City shall promptly repair any such damage and restore the land within the Easement to its prior condition. The Easement is granted subject to all existing easements, restrictions and covenants of record. + 2. Easement Utilization. This Easement is solely for use by the City for installation, maintenance and repair of a storm drain pipe. The grant of the easement, as described herein, shall be strictly construed. 3. Amendment. This Easement and the rights and obligations granted and assumed herein may not be modified except by a writing signed by Grantor and City, or their respective successors and assigns, as applicable. '� IIIIIIIIIIIIIII VIII IIIIIIiI IIII IIII Page: I of 5 0 002 02:35F _ IILVIA DAIS PUKIN C06NTr CO R 25.00 09/ 6 2D 0.00 79320 -1 1 r 4. Notices. Any notices given pursuant to the terms of this Easement shall be .. given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior written notice of the change of address has been given to .. the other parties listed below. Said notices shall be sent to the parties hereto at the following address unless otherwise notified in writing: Grantor: Top of Mill Investors, LLC 1000 S. Galena Street Aspen, Colorado 81611 Attn: Scott Writer With a copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. 4 601 E. Hyman Avenue Aspen, Colorado 81611 City: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Attn: City Manager 5. Venue. Grantor and City agree that his Easement is made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 6. Enforcement. Each of Grantor and the City shall have the right and power M to bring suit in its own name for any legal or equitable relief due to lack of compliance g with any provisions of this Easement. The failure of a party to insist upon the �, r w N a performance of any provisions or to exercise any right or option available to it, or to e N N o serve any notice or to institute any action, shall not be a waiver or a relinquishment for r the future, of any such provision. If any court proceedings are instituted in connection a m with the rights of enforcement and remedies provided in this easement, the prevailing a party shall be entitled to reimbursement of its costs and expenses, including reasonable =N attorneys' fees, in connection therewith. 7. Designation of Successor. Grantor, by instrument duly recorded in the real estate records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and remedies of Grantor hereunder. w o 8. Term. The term of this easement shall be permanent and perpetual, so �^ " long as the City shall comply with the terms, provisions and conditions set forth herein. 9. Successors and Assigns. All the provisions of this easement, including a s the benefits and burdens created thereby, shall run with the land and be binding upon all ' persons who hereafter acquire any interest in the property described in Exhibit "A ", !Tne!!;i 79320 -1 2 �r s AN r OR AN whether as an owner, renter, trust deed or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. ATTEST: Kathryn S. Koc , City Clerk APPROVED AS TO FORM: JohnJQhn Wdicester�ty Attorney GRANTOR: TOP OF MILL INVESTORS, LLC a Delaware limited liability�y By: David Parker, Director CITY: CITY OF ASPEN, a Colorado Municipal corporation By: P" ame: t{ n f'1� ucQerz�( Title: 1'1 Ar,-Vb� 471101 Page: IIIIIIIVIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII 816 20 2.35P SILVIA DAVIS PITK COUNTY CO R 25. 06 / 0 00 79320 -1 3 STATE OF COLORADO I ss. COUNTY OF PITKIN ) The foregoing Easement was acknowledged 2002 by David Parker as Director of Top of liability company. �P.• " O.' 2; Witness my hand and official se �Hy My commission expires: r\ Notary STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing asement was 2002 to City Aspen, a Colorado Municipal cc Witness my band and officio se My commission expires: `+t t fi [Acknowledgements on me this 8th day of August ,LLC, a Delaware limited MyCOMMISSM EXPIRES 11/09/2002 before me this L (," day of k-as (_ T�� of the zw W7,l� Page] 471101 IIIIIIVIIIIIIIIIVIIIIIIIIIIIIIIVIIIIIIVIIIIIIIII ,I 8/16 20 Page: 0002:35P SILVIA DAVIS PITKIN COUNTY CO R 0 0 ar 79320 -1 4 w» q. r .ti �.e +r FN EXHIBIT "A" (Legal Description of Storm Drain Pipe Easement) Twenty foot (20') wide utility easement between Parcels 4 and 5 and over Open Space Parcel A, according to the Final Plat of Top of Mill Subdivision/PUD, a planned community recorded A of 1(o 2002 in Book 6ol at Page as Reception No. 411019 COUNTY OF PITKIN, STATE OF COLORADO. 79320-1 page' t II0 1 6 500 00 2 :35P NiY R .00 D SILVIR DRVI _ 5 a a c: U ui � F U a ig � I C7 I 9lw /l l k I cd Y rj $ 4 8 Z C� ry 11 q o 6 �O A N A v. Y b 9lw /l l k I cd Y rj $ 4 8 Z C� ry 11 q o 6 �O A N A Y mt�= W Y 4C epyy `� I 1 771 & ty � - -- Ell 3° z y LL �x�: ,- i \� Q• �� i i i wa /, ,J0. t`i ^1 I o� b 01ANM F 8 4i V 24 yl; ♦1 r.y \ \�\ J U+UIn 6 \% U <�� •\ \ 2 O 1 \ d 1 \ ob \ \ 1 \ tl11� , 1 i tnr rm. /r. c. nu .....v, +ro +•• •• r.y W "'n m.. rmi. �..ixi !rvvinr✓,. y. r r D EXHIBIT 1g�G J�l.GitllCtill P�Q.�CKI�t� � Me 361314a ", eelsns1le 21612 ;VAPael'Ass (970)9261125 January 16, 2007 Ms. Joyce Allgaier, Deputy Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: TOP OF MILL PARCEL 5 Dear Joyce, r . I represent Mr. Thomas H. Bailey and the Bailey Family Investment Co., the owner of Parcel 5 of the Top of Mill Subdivision/PUD (hereinafter, 'the owner'). Parcel 5 Is a vacant residential lot. a The Top of Mill Subdivision/PUD was approved by the Aspen City Council on March 11, 2002, pursuant to Ordinance 7, Series of 2002. The Final Plat for the Subdivision/PUD is recorded in Plat Book 62 at Page 4 of the Pitkin County Records. The Subdivision/PUD Agreement for the Top of Mill is recorded as Reception No. 471100 of the Pitkin County Records. Article 2, Section 2.2 of the Subdivision/PUD Agreement describes the specific development approvals granted to each parcel in the Top of Mill. Subsection 2.2.e w, specifically grants approval for Parcel 5 to be developed with a single family residence, limited to a maximum floor area of 5,200 sq. ft. At the time of its final approval, the Top of Mill Subdivision/PUD received three (3) years of vested rights. Therefore, the vested rights expired on March 11, 2005. Shortly thereafter the City Council adopted Ordinance 9, Series of 2005, which changed the zoning of this property and many surrounding properties from LodgWTourist Residential (LlrR) to Lodge. Included in this change was the elimination of single - family residence .. as an allowed use for this property. �. The owner seeks clarificationfrom the City that despite this change in the underlying zone district, Parcel 5 of the Top of Mill Subdivision/PUD may still be developed with a single- " family residence, limited to a maximum floor area of 5,200 sq. ft., as specified in the original PUD approval and in the Subdivision/PUD Agreement. Development of the residence would be subject to: (a) the City's rules for calculating floor area and height 9. that are in effect at the time of the building permit application for the single family residence; and (b) the other applicable conditions for the Top of Mill Subdivision/PUD. 533922 IIINIIIIIIIi�nNII�I��IIIIII�IIINI��I a x /20 ; 11:121 JMIICE K VOS CPUOILL PITKIN COUNTY CO R 11.90 0 0.00 W g IN IM M 1 533922 Ms. JO a All slat .e.: z or z January 16, 2007 IIw1pE K V 0 PIT1 ca➢RY pp 01/30/2007 11:121 Page Two N 11.00 0 4.0e In support of this position, the applicant would point out that the majority of the other lots in the Subdivision/PUD have already been developed. Moreover, the infrastructure necessary for the Subdivision has been installed, and many of the requirements imposed ., upon the Subdivision (such as the provision of affordable housing, and the payment of other development exactions) have been satisfied. As a result, the owner believes that the right to develop the single family residence has vested under the common law. When we spoke about this on the phone, you indicated that you and the City Attorney concurred with this position. We would also point out that in 2005, just before this Subdivision's vested rights expired, the owners of Parcels 4, 6 and 8 applied to have their vested rights extended. That application was approved pursuant to Aspen City Council Resolution 15, Series of 2005. Staff and the Council determined at that time that single - family residences remained the appropriate use for these lots and that great reliance had been placed by the owners of these lots in the requirements and benefits of the Subdivision/PUD Agreement. Based on all of the above, I would ask you to have Chris Bandon sign below, stating that the City concurs that Parcel 5, Top of Mill is allowed to be developed with a single - family residence, limited to 5,200 sq. ft. of floor area, as specified in the original Top of Mill Subdivision/PUD approvals and in the Subdivision/PUD Agreement. ' Thank you for your assistance in this matter. Please do not hesitate to contact me if there is anything else you require. Very truly yours, ALAN RICHMAN NING SERVICES 4L .. Alan Richman, AICP f herebyconcur that Parcel 5, Top of Mill is allowed to be developed with a single - family residence, limited to 5,200 sq. ft. of floor area, as specified in the original Top of Mill Subdivision/PUD approvals and in the Subdivision/PUD Agreement. r Chris Bandon D r,Bendon�ector4ctto"r City of Aspen Community Development Department ON r i w i i w i w APPENDIX C EXHIBIT SUBDIVISION/PUD AGREEMENT FOR TOP OF MILL SUBDIVISION/PUD ., THIS SUBDIVISION/PUD AGREEMENT ( "Agreement ") is made and entered this IL day of August 2002, by and between the CITY OF ASPEN, COLORADO, a Colorado municipal r corporation ( "City ") and TOP OF MILL INVESTORS, LLC, a Delaware limited liability company ( "TOMI "). M. RECITALS WHEREAS, the City and Savanah Limited Partnership, a Delaware limited partnership ( "Savanah "), are parties to that certain First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision ( "First Amended PUD Agreement") dated October 3, 1988 and recorded in the records of Pitkin County, Colorado, on r October 3, 1988 in Book 574 at Page 792, as the same has been amended as hereinafter more particularly set forth; and WHEREAS, on January 11, 2001 TOMI acquired from Savanah certain real property situated within the Aspen Mountain Subdivision, which real property is also situated within the municipal boundaries of the City known as Lot 3, First Amended Plat Aspen Mountain Subdivision and Planned Unit Development, according to the Plat thereof filed October 3, 1988 in Plat Book 21 at ., Page 35 ( "Top of Mill "); and WHEREAS, the First Amended PUD Agreement directs that at such time as Top of Mill .. receives final PUD development approval, a PUD Agreement shall be executed by the parties setting r. forth such final approvals and incorporating all conditions and assurances that may be reasonably required by the City in connection therewith; and WHEREAS, TOMI has submitted to the City an Application for Final PUD Development Plan Approval (the "Application ") pursuant to the June 1996 reprint of Title 26, Land Use Regulations of the 1995 Aspen Municipal Code (the "1996 Code ") including approval, execution r and recordation of a Final Plat for Top of Mill (the "Final Plat "); and WHEREAS, the City has fully considered the Application and the Final Plat, the proposed +� development and improvement of Top of Mill contained therein, and the effects of the proposed development and improvement of said lands on adjoining or neighboring properties and property owners; and r 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 *.. 38181 -16 1 *�. I IIIIII VIII Ililll VIII IIII IIIIIII IIII III VIII IIII III) 0 9/ 16//2© 2202:27F 0 r EXECUTION COPY er WHEREAS, TOMI is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by the City in approving the Application and 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 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 TOMI is prepared to provide such guarantees as hereinafter set forth. +" 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 PURPOSE AND EFFECT OF AGREEMENT 1.1 Prior Amendments to the First Amended PUD Agreement. The parties acknowledge and agree that the First Amended PUD Agreement has previously been amended by the +� following, which shall hereinafter be collectively referred to as the "Section M Amendments ": (a) June 1990 Section M Amendment. (b) June 1991 Section M Amendment. `• (c) August 1992 Section M Amendment. MW (d) October 1992 Section M Amendment. (e) February 199' ) Section M Amendment. (f) June 1995 Section M Amendment (Ordinance No. 33 -95). (g) May 1998 Section M Amendment (Ordinance No. 8 -98). " (h) September 1999 Section M Amendment (Ordinance No. 38 -99). (i) December 2000 Section M Amendment (Ordinance No. 53 -00). r (j) June 2002 Section M Amendment (Ordinance No. 15 -02). r ' 38181 -16 2 IIIIIII VIIIIIIIII VIIIIIIIIIIIIII VIII III VIIIIIIIIIII @8/16/2002 D0 02:27F r r 4W Vie r M VIS Me w r w i 40 r MW W ON r w .r w. EXECUTION COPY 1.2 Purpose of this Agreement. This Agreement is executed by the parties in accordance with the requirements of the First Amended PUD Agreement, as amended by the Section M Amendments, that a new PUD Agreement be executed at the time of final development approval for Top of Mill. The purpose of this Agreement is to set forth the complete and comprehensive agreement between the parties with respect to the development that has been approved for Top of Mill and to enumerate all terms and conditions under which such development may occur. The effect of this Agreement is to terminate, supersede and replace all provisions of the First Amended PUD Agreement and the Section M Amendments, which relate in any manner to Top of Mill. In the event of any inconsistency between the provisions of this Agreement and the provisions of the First Amended PUD Agreement, as amended by the Section M Amendments, the provisions of this Agreement shall control. Nothing in this Agreement modifies, revokes, amends or affects any provision of the First Amended PUD Agreement, as amended by the Section M Amendments, which relates to Lot 1, 2, 4, 5 or 6 of the Aspen Mountain Subdivision/PUD, unless expressly revoked or modified hereby. All provisions of the First Amended PUD Agreement, as amended by the Section M Amendments, which relate to Lots 1, 2, 4, 5 and 6 of the Aspen Mountain Subdivision/PUD, shall remain in full force and effect, except to the extent they may be otherwise amended. ARTICLE 2 DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 2.1 Zoning and Regulatory Approvals. (a) Resolution and Ordinance of Approval. Conceptual PUD development plan approval for Top of Mill was granted by the Aspen City Council in Resolution No. 99 -93, approved and adopted on December 6, 1999. By adoption of Resolution No. 01 -50, adopted on May 29, 2001, the Aspen City Council granted amended conceptual PUD Development Plan approval for Top of Mill, which is to be subdivided into eight (8) development parcels, two (2) open space parcels and a parcel of approximately 2,745 square feet containing an existing parking garage ( "Parcel 9 ") for the benefit of Lot 2, Aspen Mountain Subdivision/PUD, known as the Summit Place Condominiums. By adoption of Ordinance No. 7, Series of 2002, adopted on March 11, 2002 and recorded April 19, 2002 as Reception No. 466392 ( "Ordinance No. 7"), the Aspen City Council granted Final PUD Development Plan and Subdivision Approval for Top of Mill. Ordinance No. 7 also granted (i) a growth management quota system exemption for the affordable housing units to be constructed on Parcel 2, Top of Mill; (ii) rezoning of that portion of Top of Mill previously zoned R -15 (PUD) (L), Moderate - Density Residential, Planned Unit Development, Lodge Overlay and a portion of Top of Mill zoned C, Conservation to L/TR (PUD), Lodge/Tourist Residential, Planned Unit Development; (iii) Condominiumization, Mountain View Plane, Special Review, and 8040 Greenline Review; and (iv) approval to construct an Accessory Dwelling Unit ( "ADU ") on Parcel 3 of Top of Mill. The exterior boundaries of the eight (8) development parcels, two (2) open space parcels and Parcel are depicted on the Final Plat for Top of Mill which will be recorded contemporaneously with this Agreement. The Final Plat for Top of Mill also depicts the allowed building set backs within the eight (8) 38181 -16 IIIIII VIII IIIIII VIIIIIII1111111VIIIIIIVIIIIIIIIIII 0 16//2002 02:27F SILVIA DAVIS PITKIN COUNTY CO R 235.00 EXECUTION COPY AM development parcels. TOMI shall convey Parcel 9 to the Summit Place Condominium owners association immediately after the Final Plat for Top of Mill is recorded and, upon such conveyance, Parcel 9 shall not be covered by, or subject to this Agreement except as set �* forth in Paragraphs 2.l(b)(ii) and (iii) and 2.2(hh) below. The instrument by which TOMI conveys Parcel 9 shall contain a restriction to ensure that Parcel will always serve to provide parking for the benefit of Lot 2, Aspen Mountain Subdivision and that development '^ on Parcel 9 shall be limited to the existing garage and trash storage structures or any replacement thereof. Pursuant to Section 26.304.060.13 of the April 2000 reprint of Title 26, Land Use Regulations of the 1995 Aspen Municipal Code, the Community Development Director, in consultation with TOMI, permitted and directed a modification in review .. procedures to combine Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plan, Special Review, GMQS Exemption, 8040 Greenline Review and Rezoning Review for the purposes of ensuring economy of time and clarity. This Agreement incorporates all the provisions of Ordinance No. 7. To the extent of any conflict between the terms of this Agreement and the provisions of Ordinance No. 7, this Agreement shall govem and control. (b) PUD Variations. Pursuant to Ordinance No. 7, the Aspen City Council approved the following variations in the dimensional requirements of the L/TR, Lodge/Tourist Residential and C, Conservation zone districts: (i) Maximum Lot Size. An increase in the maximum lot size for single �w family and duplex dwelling units. The size of Parcels 3, 4, 5, 6, 7 and 8 shall be as depicted on the Final Plat for Top of Mill to be recorded contemporaneously with this Agreement. *� (ii) Minimum Lot Size. A reduction in the minimum lot size requirement. The size of Parcel 9 and Open Space Parcel B shall be as depicted on the Final Plat for Top of Mill to be recorded contemporaneously with this Agreement. (iii) Minimum Setbacks. A reduction in the minimum setback requirements. The front, side and rear yard setbacks on Parcel 9 shall be as depicted on the Final Plat for Top of Mill to be recorded contemporaneously with this .. Agreement. (c) Parking, 8040 Greenline and Mountain Viewplane Approval. Pursuant to Ordinance 7, the Aspen City Council granted (i) special review approval of the off -street parking requirements for the affordable housing units approved for development on Parcel 2, Top of Mill, (ii) 8040 greenline approval for Parcels 1, 2 and 3, Top of Mill and (iii) mountain viewplane approval for all development parcels on the Top of Mill. The .. development of the free market single - family dwellings proposed for Parcels 4 - 8 shall be subject to a site and design specific 8040 Greenline Review prior to their development. These Parcels shall only be required to respond to review standards 26.68.030 (C)(3) and 26.68.030 38181 -16 4 r. a.. I IIIIII VIII IIIIII VIII III I VIII III III VIII Iill IIII 8/16 20002 02:27F r SILVIA DAVIS PITKIN COUNTY CO R 235.00 0 0.00 EXECUTION COPY (C)(7) of the 1996 Code. Ordinance No. 7 approves Parcels 4- 8 regarding 8040 Greenline Review Standards 26.68.030 (C)(1, 2, 4, 5, 6, 8, 9, 10, and 11) of the 1996 Code thereby 'r precluding any further review of such standards. ., (d) 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 Top of Mill was conducted on March 11, 2002. As authorized by C.R.S. 24- 68- 102(4)(x), r City and TOMI hereby agree that the Final Plat, the Top of Mill Final PUD Development Plan and all other documents recorded contemporaneously therewith, collectively constitute the site specific development plan as used in Article 68, Title 24, C.R.S., for Top of Mill. In +�c accordance with applicable provisions of Ordinance No.7, Series of 2001, the City has granted vested property rights for a period of three (3) years from the date of approval of Ordinance No. 7, for the development of Top of Mill in accordance with the documents r which are herein agreed to constitute the site specific development plan for Top of Mill. 2.2 Development Approvals. Top of Mill has been approved for subdivision into eight (8) development parcels, identified on the Final Plat and throughout this Agreement as Parcels 1, 2, 3, 4, 5, 6, 7 and 8, two (2) open space parcels which are identified as Open Space Parcels A and B on the Final Plat, and Parcel 9 which is identified as Parcel 9 on the Final Plat. The eight (8) development parcels on Top of Mill may be developed as follows: (a) Development on Parcel 1. Approval is hereby granted for the development of six (6) free market, four - bedroom, multi - family townhouse units on Parcel 1. Such units shall be .. contained in two (2) separate triplex structures. Each individual townhouse unit shall contain no more than 4,500 square feet of floor area. Development on Parcel 1 is limited to a maximum allowable floor area of 27,000 square feet. TOMI shall further subdivide Parcel I by the creation of •. a common interest community. Prior to the conveyance of any interest in Parcel 1, a common r interest community plat for either a condominium or planned community (as determined by TOMI) shall be duly recorded. TOMI shall record the approved condominium (or planned community) subdivision plat for Parcel 1 in the office of the Pitkin County Clerk and Recorder within one .. hundred eighty (180) days of its approval by the Community Development Director. If TOMI fails to record the approved plat within one hundred eighty (180) days following approval by the Community Development Director, the plat shall be invalid and TOMI shall be required to submit a new plat to r the Community Development Director for approval. (b) Development on Parcel 2. Approval is hereby granted for the development of �+ four (4) affordable housing units on Parcel 2. Such units shall be contained within a single multifamily structure. Three (3) of said units shall be three - bedroom units, each having no less than 1550 square feet of net livable area and the fourth unit shall be a four - bedroom unit having no less than 1870 square feet of net livable area; provided, however, that the actual amount of net livable area in each unit shall be determined at the time of building permit application. Development on Parcel 2 is limited to a maximum allowable floor area of 8,000 square feet. TOMI shall further subdivide Parcel 2 by the creation of a common interest 38181 -16 5 .. 471100 IIIIIIIIIIIIIIIIII VIIIIIIIIIIIIII VIII IIIIIIII IIII IIII 00 Page: 16//20000 2.27E r SILVIA DAVIS PITKIN COUNTY Co R 235. r s r r we rr i r s r r T. r ra s r EXECUTION COPY community. Prior to the conveyance of any interest in Parcel 2, a common interest community plat for either a condominium or planned community (as determined by TOMI) shall be duly recorded. TOMI shall record the approved condominium (or planned community) subdivision plat for Parcel 2 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. If TOMI fails to record the approved plat within one hundred eighty (180) days following approval by the Community Development Director, the plat shall be invalid and TOMI shall be required to submit a new plat to the Community Development Director for approval. The affordable housing units to be developed on Parcel 2 shall comply with all representations made by TOMI in connection with the Application and comply with the deed restrictions administered by APCHA. A master owner's association for Top of Mill to be known as "Top of Mill Master Association ", or such other name determined by TOMI (the "Master Association ") will be formed as a master association to exercise the functions set forth in the Master Declaration of Protective Covenants of Top of Mill (the "Master Declaration ") and to own, lease, hold, operate, care for and manage certain property for the common benefit of owners of the Parcels within Top of Mill. A separate owners association shall be created for the affordable housing units on Parcel 2, which shall participate in, and be subject to the Master Association and Master Declaration. The Master Declaration shall provide that all annual and special assessments under the Master Declaration shall be allocated 1/17h to each of the four (4) affordable housing units on Parcel 2, and that until such time as the units are constructed, Parcel 2 shall be allocated 4/17"' of all annual and special assessments. In addition, there will be a separate assessment for maintenance, repair, replacement or improvements to Top of Mill Street (the private road shown on the Final Plat) and the sidewalks within Top of Mill (the "Private Road Assessment "). Six percent (6 %) of the Private Road Assessment shall be allocated to Parcel 2 (i.e., 1.5% per unit for each of the four (4) affordable housing units on Parcel 2). Notwithstanding the foregoing allocations, the Master Declaration shall provide that annual and special assessments and Private Road Assessments against any affordable housing unit on Parcel 2 shall not exceed one thousand dollars ($1000.00) per unit per year. +� 38181 -16 77 W (i) Affordability of Parcel 2 Units. The four (4) affordable housing units approved for development on Parcel 2 completely satisfy all requirements of the City's Multifamily Housing Replacement Program with respect to the demolition of multi - family dwelling units on all of (i.e., Lots 1, 2, 3, 4, 5 and 6) the Aspen Mountain Subdivision/PUD. TOMI shall meet with APCHA to maintain the average price of the of the four (4) affordable housing units approved for development on Parcel 2 to APCHA Category 2, but to price one of the three bedroom units shall be priced between Category 1 and 2, and the price of the 4- bedroom unit shall be between Category 2 and 3, but marketed and sold as a Category 3 unit. Three of the four units on Parcel 2 shall be distributed and sold under the general lottery through APCHA. TOMI shall be able to choose a buyer for one of the units (and designate the unit to be purchased). However, the buyer chosen by TOME must be a fully qualified employee under the category for the unit chosen; i.e., the potential buyer 6 471100 IIIIIIIIIII�IIIIII IOUINTOC111111111 R235-08916 20000 2.27E SILVIP DAVIS PI.KIN C EXECUTION COPY must meet income and asset requirements, meet minimum occupancy requirements, .r not own any other property in the Roaring Fork Drainage System, and have worked in Pitkin County 1500 hours per year for the previous four years. At the time a Certificate of Occupancy is issued for any affordable housing unit constructed on .r Parcel 2, APCHA shall have the right to conduct a site visit. (c) Development on Parcel 3. Approval is hereby granted for the development of +. two (2) free market dwelling units on Parcel 3. Such units shall be contained within one (1) duplex structure. Each dwelling unit within the duplex structure may contain a maximum of four bedrooms and no more than 4,500 square feet of floor area. Development on Parcel 3 is limited to a maximum allowable floor area of 9,000 square feet. TOMI shall further subdivide Parcel 3 by the creation of a common interest community. Prior to the conveyance of any interest in Parcel 3, a common interest community plat for either a condominium or planned community (as determined by TOMI) shall be duly recorded. TOMI shall record the approved condominium (or planned community) subdivision plat for Parcel 3 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. If TOMI fails to record the approved plat within one hundred eighty (180) days following approval by the Community Development Director, the plat shall be invalid and TOMI shall be required to submit a new plat to the Community r Development Director for approval. r (i) Accessory Dwelling Unit on Parcel 3. One (1) of the units within the duplex structure approved for development on Parcel 3 shall contain an ADU or the owner of Parcel 3, at its election, shall make a cash in lieu payment thereof. The ,. ADU shall be deed restricted and constructed in accordance with the City's ADU regulations under the 1996 Code. At the time a Certificate of Occupancy is issued for the ADU, APCHA shall have the right to conduct a site visit. If the owner of parcel 3 +. elects not to construct the ADU, a cash in lieu payment shall be made in accordance with the City's ADU regulations in effect at the time of building permit issuance. ++ (d) Development on Parcel 4. Approval is hereby granted for the development of _ one (1) detached, free market single family residence on Parcel 4. Development on Parcel 4 is limited to a maximum allowable floor area of 6,200 square feet, which shall include the " ADU if constructed at the owner's election under Section 2.2(i), below. r (e) Development on Parcel 5. Approval is hereby granted for the development of one (1) detached, free market single family residence on Parcel 5. Development on Parcel 5 is limited to a maximum allowable floor area of 5,200 square feet, which shall include the ADU if constructed at the owner's election under Section 22(i), below. (� Development on Parcel 6. Approval is hereby granted for the development of one (1) detached, free market single family residence on Parcel 6. Development on Parcel 6 38181 -16 Iliiiii1E11��I��li1i1111111111111111111111111- z��e2:�,F �z (i) Accessory Dwelling Units on Parcels 4, 5, 6, 7 and 8. Each of the single family detached units approved for construction on Parcels 4, 5, 6, 7 and 8 shall contain an ADU, or the owner of each Parcel, at his election, shall make a cash in lieu payment thereof. The decision whether to construct an ADU or make a cash in lieu payment may be made on ., a parcel -by- parcel basis. If an ADU is constructed, it shall be approved, deed restricted and W in every other respect constructed in accordance with the City's ADU regulations in effect at the time of building permit application for each structure. If a cash in lieu payment is made, -� it shall be made in accordance with the City's ADU regulations in effect at the time of issuance of the applicable building permit. If an ADU is constructed on any Parcel, at the time a Certificate of Occupancy is issued for the ADU, APCHA shall have the right to conduct a site visit. (j) Exemption from GMOS. The thirteen (13) free market units approved for development on Top of Mill as hereinabove described are exempt from the City's growth .+ management quota system as the development rights for such units are derived from the 47 residential development rights held by TOMI under the First Amended PUD Agreement. TOMI's construction of the four (4) deed restricted affordable housing units on Parcel 2 and the six (6) ADU's on Parcels 3 -8 (or payment of cash in lieu thereof from the owners of Parcels 3 -8), shall constitute compliance with all applicable City regulations with respect to the demolition and reconstruction of existing single family, duplex and multi - family residential units on all of (i.e., Lots 1, 2, 3, 4, 5 and 6) the Aspen Mountain Subdivision/PUD. No further affordable housing shall be required in connection with the development of Top of Mill as approved in this Agreement. It is understood that upon ' recording of this Agreement and recording of the Subdivision/PUD Agreement for Lot 5, Aspen Mountain Subdivision/PUD, no residential credits associated with the Aspen Mountain Subdivision/PUD will remain (it being understood that all remaining residential M credits associated with the Aspen Mountain Subdivision/PUD will have been used in connection with Top of Mill and said Lot 5, Aspen Mountain Subdivision/PUD). r w 38181 -16 8 IIIIIII 471100 Pa9c: 8 of 47 SrLVIA DAVTSIIII KIIIIIIIIIIIIIIIIII III VIIIIIIIIIII 08/16/2002 02:27P _ r Y CO R 235.00 D 0.00 EXECUTION COPY is limited to a maximum allowable floor area of 5,200 square feet, which shall include the ADU if constructed at the owner's election under Section 2.2(i), below. r +� (g) Development on Parcel 7. Approval is hereby granted for the development of d. one (1) detached, free market single family residence on Parcel 7. Development on Parcel 7 is limited to a maximum allowable floor area of 6,500 square feet, which shall include the ADU if constructed at the owner's election under Section 2.2(i), below. (h) Development on Parcel 8. Approval is hereby granted for the development of .. one (1) detached, free market single family residence on Parcel 8. Development on Parcel 8 is limited to a maximum allowable floor area of 6,500 square feet, which shall include the ADU if constructed at the owner's election under Section 2.2(i), below. (i) Accessory Dwelling Units on Parcels 4, 5, 6, 7 and 8. Each of the single family detached units approved for construction on Parcels 4, 5, 6, 7 and 8 shall contain an ADU, or the owner of each Parcel, at his election, shall make a cash in lieu payment thereof. The decision whether to construct an ADU or make a cash in lieu payment may be made on ., a parcel -by- parcel basis. If an ADU is constructed, it shall be approved, deed restricted and W in every other respect constructed in accordance with the City's ADU regulations in effect at the time of building permit application for each structure. If a cash in lieu payment is made, -� it shall be made in accordance with the City's ADU regulations in effect at the time of issuance of the applicable building permit. If an ADU is constructed on any Parcel, at the time a Certificate of Occupancy is issued for the ADU, APCHA shall have the right to conduct a site visit. (j) Exemption from GMOS. The thirteen (13) free market units approved for development on Top of Mill as hereinabove described are exempt from the City's growth .+ management quota system as the development rights for such units are derived from the 47 residential development rights held by TOMI under the First Amended PUD Agreement. TOMI's construction of the four (4) deed restricted affordable housing units on Parcel 2 and the six (6) ADU's on Parcels 3 -8 (or payment of cash in lieu thereof from the owners of Parcels 3 -8), shall constitute compliance with all applicable City regulations with respect to the demolition and reconstruction of existing single family, duplex and multi - family residential units on all of (i.e., Lots 1, 2, 3, 4, 5 and 6) the Aspen Mountain Subdivision/PUD. No further affordable housing shall be required in connection with the development of Top of Mill as approved in this Agreement. It is understood that upon ' recording of this Agreement and recording of the Subdivision/PUD Agreement for Lot 5, Aspen Mountain Subdivision/PUD, no residential credits associated with the Aspen Mountain Subdivision/PUD will remain (it being understood that all remaining residential M credits associated with the Aspen Mountain Subdivision/PUD will have been used in connection with Top of Mill and said Lot 5, Aspen Mountain Subdivision/PUD). r w 38181 -16 8 IIIIIII 471100 Pa9c: 8 of 47 SrLVIA DAVTSIIII KIIIIIIIIIIIIIIIIII III VIIIIIIIIIII 08/16/2002 02:27P _ r Y CO R 235.00 D 0.00 EXECUTION COPY r (k) Calculation of Floor Area. The calculation of allowable floor area for all structures and units approved for development on Top of Mill shall be made in accordance r with the City's floor area regulations in effect at the time of the building permit application for each particular structure; provided, however, the maximum allowable floor areas set forth d. in this Agreement shall not be reduced (i.e., all required adjustments for calculating allowable floor area, such as steep slopes, easements, etc., have already been considered in determining the floor areas set forth in this Agreement) r (1) Parking. A minimum of twelve (12) off - street parking spaces shall be provided on Parcel 1; eight (8) off - street parking spaces shall be provided on Parcel 2; four r (4) off - street parking spaces shall be provided on Parcel 3; and two (2) off -street parking spaces shall be provided on each of Parcels 4 - 8. W (m) Common Access Driveway, Access Road and Sidewalk, Curb and Gutter. (i) Common Access Driveway. Vehicular access to the townhouse units on Parcel 1 shall be from a common driveway from Mill Street. TOMI shall be responsible to construct the Parcel 1 common driveway in connection with the construction of any improvement on Parcel 1. After completion of construction of the common driveway, all costs associated with the maintenance and repair, including snowplowing, of the common driveway shall be paid by the owners of the units located on Parcel 1. (ii) Access Road. Vehicular access to Parcels 2 through 8 shall be from a private road, identified on the Final Plat as "Top of Mill Street ", to be extended from ~ the existing terminus of South Mill Street. TOMI has dedicated on the Final Plat, for .. the benefit of owners of Parcels 2 through 8, their guests and invitees, a perpetual non- exclusive easement for all ingress and egress purposes upon Top of Mill Street. TOMI shall be responsible for the construction of Top of Mill Street as a subdivision improvement in accordance with Section 2.3 of this Agreement. After completion of said construction, all costs associated with the maintenance and repair, including snowplowing, of Top of Mill Street, shall be paid by owners of Parcels 2 through 8. .. (iii) Sidewalk Curb and Gutter. TOMI shall install a sidewalk along the west side of Mill Street between Summit Street and the entrance to Top of Mill ` Street. TOMI shall install a curb and gutter on the west side of Mill Street adjacent r to Parcel 1 and along Top of Mill Street. Such improvements shall be installed as subdivision improvements in accordance with Section 2.3 of this Agreement and as shown on the Final PUD Development Plan for Top of Mill to be recorded contemporaneously with the Final Plat and this Agreement. r (n) Utilities. TOMI shall install all utilities shown on the Schematic Utility Plan for Top of Mill to be recorded contemporaneously with the Final Plat and this Agreement. '+ 38181 -16 9 me iIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIVIIIIIIIIIII Page: 6 20000 SILVIA DAVIS PITKIN COUNTY co 2 02:27F R 235.00 0 0.00 EXECUTION COPY All such utilities shall be installed as subdivision improvements in accordance with Section ,. 2.3 of this Agreement. TOMI shall be required to show to the Aspen Consolidated Sanitation District ( "ACSD ") all service locations at the station numbers on the final utility plans for Top of Mill prior to building permit application. Additionally, TOMI shall indicate .+ to the ACSD if main line easements within any City rights -of -way are to be dedicated by plat or by description. In addition, TOMI shall execute a "Line Extension Request" and a "Collection System Agreement" with ACSD prior to building permit application. Unless otherwise agreed to by TOMI and ACSD: (i) forty percent (40 %) of the estimated total connection fees must be paid by TOMI to ACSD at the time service lines are stubbed off the main line into the specific Parcels of Top of Mill and (ii) the remaining balance of the connection fees shall be paid by the owner of the Parcel at the time service is established to such owner's Parcel. (o) Landscaping. TOMI shall install and otherwise implement all landscaping for Parcels 1, 2, 3 and Open Space Parcel A depicted on the approved Landscape Plan, which is to be recorded contemporaneously with the Final Plat and this Agreement. Landscaping for r Parcels 4 -8 shall be the responsibility of the respective owners of those Parcels. a. (p) Trail Easements. W. (i) Ton of Mill Trail. The Final Plat vacates the Top of Mill Trail Easement as shown on the First Amended Plat Aspen Mountain Subdivision and Planned Unit Development filed October 3, 1988 in Plat Book 21 at Page 35 (the "First Amended Plat "). The new Top of Mill Trail Easement shall be dedicated to the public for pedestrian purposes, as more fully set forth in that certain Top of Mill Trail Easement Agreement between TOMI and the City of Aspen attached hereto as Exhibit "A -I ", to be recorded after: (1) publicly dedicated trails through adjoining W lands have been connected up with the easterly and westerly ends of said Top of Mill Trail Easement; (2) the City of Aspen notifies TOMI thereof; and (3) an as -built legal description is available (and provided by TOME) for the portion of the Top of Mill •" Trail Easement lying between the western boundary of Parcels I and 8 and the western boundary of Open Space Parcel B (it being understood that the Final Plat merely indicates the general vicinity of the new Top of Mill Trail Easement in that area and that the Top of Mill Trail Easement in that area will be located and aligned after the trail is constructed in that area). The public dedication shall also include the right, on the part of the public, to cross Top of Mill Street in order to utilize the Top of Mill Trail Easement. Until such time as said public dedication shall become �. effective, TOMI dedicates and sets apart to the Master Association for the exclusive use and benefit of the owners, from time to time, of Parcels 1 through 8, their guests and invitees, for pedestrian purposes, an easement across and through said Top of Mill Trail Easement. Upon conveyance to.the Master Association of said Top of Mill ,. Trail Easement and until the public dedication shall become effective, the Master Association shall be: (a) responsible for the maintenance of said trail and (b) entitled 38181 -16 10 r I IIIII IIII) II III IIII IIII IIIIII IIII) III IIIIiI II (III Page: /16 2© ©f 027 8 27P .. SILVIP DAVIS PITKIN COUNTY CO R 235.00 D 0.00 EXECUTION COPY (ii) Aspen Mountain Trail. The Final Plat vacates the Aspen Mountain Trail as shown on the First Amended Plat. The Aspen Mountain Trail Easement shown on the First Amended Plat will be replaced by a new Aspen Mountain Trail Easement to be located and aligned in the general vicinity depicted on the Final Plat; however, the Aspen Mountain Trail Easement depicted on the Final Plat merely indicates the general vicinity of the new Aspen Mountain Trail Easement. The new Aspen Mountain Trail Easement shall be dedicated to the public for ,. pedestrian and skiing purposes only as more fully set forth in that certain Aspen r Mountain Trail Easement Agreement between TOMI and the City of Aspen attached hereto as Exhibit "A -2 ", to be recorded at a later date (the "Aspen -* Mountain Trail Easement Agreement "). The Aspen Mountain Trail Easement Agreement shall be recorded after TOMI and the City of Aspen have agreed upon the actual location and alignment for the new Aspen Mountain Trail Easement. After TOMI and the City of Aspen have agreed upon the actual location and .� alignment for the new Aspen Mountain Trail Easement, TOMI shall provide in recordable form an as -built legal description of said new Aspen Mountain Trail w. Easement that shall be attached to, and recorded with, the Aspen Mountain Trail Easement Agreement. Upon recordation of the Aspen Mountain Trail Easement Agreement, the Aspen Mountain Trail Easement depicted on the Final Plat shall 38181 -16 11 w 471100 r IIIIIIIIIII�IIIIIIIIIIIIII IllllllillyIIIIIIIIIIIIIIII Page: It of 47 to adopt and enforce reasonable rules and regulations concerning the use thereof. TOMI, for itself, its successors and assigns, shall improve the Top of Mill Trail Easement as it lies within Top of Mill by constructing a four -foot (4') wide single track path with underlying matting and a crusher -fine surface; provided, however, that TOMI shall have no obligation to improve that portion of the Top of Mill Trail Easement lying between the Aspen Mountain Trail and the western boundary of Open Space Parcel B unless and until publicly dedicated trails through adjoining ' lands have been connected up with the easterly and westerly ends of Top of Mill Trail ,. Easement. If TOMI has not improved the Top of Mill Trail Easement as required herein at the time the public dedication becomes effective, TOMI shall deposit into escrow with the City of Aspen sufficient funds, in an amount determined by the City, -. to pay of the cost of completing said improvements. If said improvements have not been completed within five (5) years of the date this Agreement is recorded, whether due to the fact that publicly dedicated trails through adjoining lands have not been " connected up with the easterly and westerly ends of said Top of Mill Trail Easement or otherwise, the funds deposited into escrow by TOMI for this purpose shall be released to the City and TOMI shall thereafter be relieved of any further obligation to improve the Top of Mill Trail Easement. Upon recordation of the Top of Mill Trail r Easement Agreement, the portion of the Top of Mill Trail Easement depicted on the Final Plat located between the western boundary of Parcels I and 8 and the western boundary of Open Space Parcel B shall automatically be vacated and replaced by the •+ portion of the Top of Mill Trail Easement in that area described in the Top of Mill Trail Easement Agreement. (ii) Aspen Mountain Trail. The Final Plat vacates the Aspen Mountain Trail as shown on the First Amended Plat. The Aspen Mountain Trail Easement shown on the First Amended Plat will be replaced by a new Aspen Mountain Trail Easement to be located and aligned in the general vicinity depicted on the Final Plat; however, the Aspen Mountain Trail Easement depicted on the Final Plat merely indicates the general vicinity of the new Aspen Mountain Trail Easement. The new Aspen Mountain Trail Easement shall be dedicated to the public for ,. pedestrian and skiing purposes only as more fully set forth in that certain Aspen r Mountain Trail Easement Agreement between TOMI and the City of Aspen attached hereto as Exhibit "A -2 ", to be recorded at a later date (the "Aspen -* Mountain Trail Easement Agreement "). The Aspen Mountain Trail Easement Agreement shall be recorded after TOMI and the City of Aspen have agreed upon the actual location and alignment for the new Aspen Mountain Trail Easement. After TOMI and the City of Aspen have agreed upon the actual location and .� alignment for the new Aspen Mountain Trail Easement, TOMI shall provide in recordable form an as -built legal description of said new Aspen Mountain Trail w. Easement that shall be attached to, and recorded with, the Aspen Mountain Trail Easement Agreement. Upon recordation of the Aspen Mountain Trail Easement Agreement, the Aspen Mountain Trail Easement depicted on the Final Plat shall 38181 -16 11 w 471100 r IIIIIIIIIII�IIIIIIIIIIIIII IllllllillyIIIIIIIIIIIIIIII Page: It of 47 r EXECUTION COPY automatically be vacated and replaced by the Aspen Mountain Trail Easement described in the Aspen Mountain Trail Easement Agreement. r (q) Drainage. TOMI shall install the drainage improvements 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 Section 2.3 of this Agreement. In addition, TOMI has granted the City a twenty foot (20) wide utility easement between Parcels 4 and 5 and over Open Space Parcel A as depicted on the Final Plat to be used solely for the purpose of allowing the City to �+ install, maintain and repair a storm drain pipe within said easement, as more fully set forth in that certain Storm Drain Pipe Easement Agreement between TOMI and the City of Aspen attached hereto as Exhibit "B" to be recorded contemporaneously with this Agreement. (r) Air Quality. During all construction activities on Top of Mill, TOMI shall comply with the fugitive dust control specification included as part of the Construction Management Plan that will be submitted prior to building permit issuance. All development ., within Top of Mill shall comply with the Environmental Health Department's woodburning stove /fireplace regulations in effect at the time of issuance of the applicable building permit. (s) Improvement Districts. On behalf of itself and all future owners of any property within Top of Mill, TOMI 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. To the extent any future improvement districts are ,. formed for storm sewers, storm water retention or slope movement, TOMI shall receive a credit against any amounts that may be assessed against it for amounts paid pursuant to subparagraphs (dd), (ee) or (ff) below. (t) School Land Dedication Fees. The owner of each Parcel shall pay the required School Land Dedication Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be r assessed at the rate of the regulations and calculations in effect at the time of the building permit application. (u) Park Development Impact Fees. The owner of each Parcel shall pay the required Park Development Impact Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be .. assessed at the rate of the regulations and calculations in effect at the time of the building permit application. .� (v) Exterior Lighting. All exterior lighting within Top of Mill shall comply with the Site and Exterior Lighting Plan to be recorded contemporaneously with the Final Plat and this Agreement. TOMI shall be required to submit detailed "cut sheets" for the proposed 38181 -16 12 '�' I IIIIII VIII IIIIII VIII IIII Ilillll VIII I I IIIIII III IIII Page: /16 120 of 0 © 8 02:27P SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 Ya EXECUTION COPY street lights on Top of Mill indicating the correct lumens on the lighting plan as part of the detailed building set to be examined during building permit review. (w) Work in Public Rights -of -Way. TOMI shall first receive the approval of the appropriate City Department and/or utility /service district prior to commencement of any work within a public right -of -way. (x) Damage to Public Rights -of -Way. TOMI shall repair any public right -of -way damaged during construction on any Parcel within Top of Mill prior to issuance of a certificate of occupancy for any structure on said Parcel. r (y) Construction Hours. Construction activity within Top of Mill 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. (z) Construction Management Plan. During all construction activities on Top of Mill, TOMI shall comply with the Construction Management Plan that will be submitted • prior to building permit issuance. (aa) Infrastructure and Removal of Fill. TOMI shall have the right to apply for permits for construction of infrastructure and removal of fill from Top of Mill at any time after approval of Ordinance No. 7. (bb) Erosion Control. Erosion control plans, including potential natural resource _.. protection structures, and a detailed plan for irrigation systems and other plantings within the City of Aspen right -of -way shall be submitted by TOMI to the Parks Department for approval prior to the application of building permits. Separate erosion control plans shall be submitted by the owners of each Parcel prior to the issuance of a building permit for their respective Parcels. (cc) Street Impact Fees. TOMI and Grand Aspen Lodging, LLC have contributed _ $83,000.00 in Street Impact Fees to the City of Aspen in connection with the proposed development on Top of Mill and on Lot 5 of the Aspen Mountain Subdivision/PUD. No additional street impact fees will be charged in connection with Top of Mill or Lot 5 of the Aspen Mountain Subdivision/PUD. ^ (dd) Storm Sewer. The City of Aspen has agreed to install a storm sewer pipeline adjoining Mill Street and the southern property line of Top of Mill that will run down Mill Street and tap into the City's existing storm sewer line at or above Durant Street. TOMI has paid the City $14,000.00 towards the cost of designing a complete infrastructure system for South Mill Street and will pay up to an additional $66,000.00 towards the cost of such .. system within 30 days after completion, as long as it is completed by October 1, 2002. Once 38181 -16 ; 47110© Page: 13 of IIIIII VIII IIIIII IIII IIII IIIIIII VIII III IIIIII III IIII 7 08/16/D 2002 0 00 227E SILVIA DAVIS PITKIN COUNTY CO R 235. 00 EXECUTION COPY the infrastructure has been constructed at Top of Mill, TOMI shall connect the Top of Mill storm sewer system with the City's and there shall be no cost to TOMI to do so. (ee) Rio Grande Ponds. The City has a plan to upgrade its storm water retention ponds at Rio Grande Park, the cost of which shall be borne by all new development in the City. TOMI and Grand Aspen Lodging, LLC shall contribute $144,000.00 towards the construction of such upgrades within six (6) months of the latest to occur of (i) the recording of the Final Plat or (ii) the recording of the final plat for Lot 5 of the Aspen Mountain Subdivision/PUD. No additional costs of the upgrades will be charged to TOMI, Grand Aspen Lodging, LLC or the owners of any real property within Top of Mill or Lot 5 of the r Aspen Mountain Subdivision/PUD. If the City has not proceeded with the aforementioned upgrades within five years of the date of this Agreement, the entire $144,000.00 (plus accrued interest) shall be returned to TOMI and Grand Aspen Lodging, LLC. (IT) Slope Movement Monitoring System. The City Engineering Department has requested TOMI to voluntarily contribute $55,000.00 towards the cost of studying and/or developing a slope movement monitoring system for slopes above the City of Aspen. Although TOMI is not aware of any need for such system, or has ever been shown the necessity of such a system above Top of Mill, TOMI has agreed to contribute $55,000.00 for such purpose with the restriction that such funds be used solely for studying and/or developing a system for slopes above Top of Mill. TOMI's contribution under this paragraph shall be made within six (6) months of the recordation of the Final Plat. The City shall hold such funds in escrow and shall be dispersed only for the purposes described in this paragraph and upon mutual approval of TOMI and the City. If the City has not proceeded with the aforementioned study and/or development within three years of the date of this Agreement, the entire $55,000.00 (plus accrued interest) shall be returned to TOML (gg) Fire Protection. Fire sprinklers and alarm systems shall be installed in all the proposed buildings on Top of Mill as required by the City of Aspen Fire Marshal. Appropriate "booster pumps" (if required) rather than pressure tanks for the sprinkler system shall be used to gain the necessary water pressure as required by the City Fire Department. w The owner of each Parcel shall be responsible for ensuring that any buildings constructed thereon shall comply with this condition of approval. In addition, TOMI shall submit a fire safety plan for the demolition of the existing structures to be preformed by TOMI and the construction of the proposed development of Top of Mill to the Engineering Department at the time of building permit application. (hh) Development on Parcel 9. Development on Parcel 9 shall be limited to the existing garage and trash storage structures and any replacement thereof (whether due to casualty, obsolescence or otherwise), which replacement shall be for the same use; occur only within the footprint of said existing structures and the existing square footage of said .. structures cannot be increased. The provisions of this Paragraph 2.2(hh) and 2.1(b)(ii) and (iii) above shall be binding on Parcel 9. 38181 -16 14 1 �,,. II'IIII VIII IIIII�IIIII IIII I��IIII VIII III IIIIII IIIIIII @ Page: 16 20002_f 02 ?27F EXECUTION COPY W 2.3 Subdivision Improvements. TOMI shall complete the following subdivision improvements, all as depicted on the Final PUD Development Plan for Top of Mill, which is attached to and recorded as a part of the Final Plat. (a) Excavation and removal of approximately 28,000 cubic yards of excess fill to bring the site back to the base elevations utilized in the site grading plan. (b) Construction of approximately 1,000 linear feet of sidewalk both in the public right -of -way (820 linear feet) and internal to the project site. (c) Installation of two handicap sidewalk ramps. -� (d) Installation of up to 4 street lights in the public right -of -way and on Top of Mill Street. (e) Construction of approximately 1,200 linear feet of new curb and gutter along the west side of the South Mill Street as well as along Top of Mill Street. (f) Construction of approximately 900 linear feet of 8 inch diameter ductile iron water main extension including two fire hydrants and related gate valves and fittings. (g) Construction of approximately 480 linear feet of 8 inch diameter PVC sewer main extension including 6 sewer manholes and appurtenances. w (h) Installation of approximately 650 linear feet of electric primary, gas, phone and cable TV lines. w. (i) Installation of site drainage improvements including 620 linear feet of storm drain, 6 inlet structures and 3 manholes to handle storm runoff from new impervious areas. 0) Placement of 4,500 square yards of asphalt or concrete paving. (k) Construction of approximately 500 linear feet of 4 -foot wide gravel path within Top of Mill Trail Easement. (1) Construction of approximately 590 linear feet of 4 -foot wide gravel path within Aspen Mountain Trail Easement. r 2.4 Cost of Subdivision Improvements. The current estimated cost of the subdivision .. improvements described in Section 23 above, as more specifically set forth in the Engineer's Estimate of Cost prepared by Schmueser Gordon Meyer, Inc. dated May 31, 2002, a copy of which is ' 38181 -I6 15 +r r Silllll lllll llllll Vlll illl lllllil VIII III IIIIII III IIII Page: 6/20 0 02 :27F x EXECUTION COPY attached hereto as Exhibit "C" and made a part hereof by this reference, and as approved by the City Engineer, is $746,925.00. TOMI shall complete construction of the aforesaid subdivision 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 2.6 r hereof. r r 2.5 Landscape Plan and Related Costs. TOMI shall install all landscaping on Parcels 1, 2, 3 and Open Space Parcel A depicted on the approved Landscape Plan, which is to be recorded contemporaneously with the Final Plat and this Agreement. Landscaping for Parcels 4 -8 shall be the responsibility of the respective owners of those Parcels. TOMI shall ensure the success of all landscaping installed by TOMI pursuant to the Landscape Plan for a period of two (2) years from the date of installation. TOMI shall replace any landscaping installed by TOMI that fails during such two (2) year period except where damage or destruction of such landscaping is caused by individual . property owners. After installation and initial grow -in of such landscaping, the Master Association shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within Open Space Parcel A, the homeowners association for the townhouses on Parcel I shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within Parcel 1, and the homeowners association for the affordable housing units on Parcel 2 shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within Parcel 2. The owners of the duplex units on Parcel 3 shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within Parcel 3. The current estimated cost of implementing the Landscape Plan 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 DHM Design Corporation dated May 15, 2002, attached hereto as Exhibit "D" and made a part hereof by this reference, and as approved by the City Engineer, is $82,182.00.00 for Parcel 1; $47,600.00 for Parcel 2; $ 31,023.00 for Parcel 3; and $55,887.00 for Open Space Parcel A. 2.6 Financial Assurances. (a) In order to ensure construction and installation of the subdivision improvements described in Section 2.3 above, and to guarantee 100 percent of the current estimated cost of the subdivision improvements, TOMI shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of $746,925.00 (the "Subdivision Improvements Letter of Credit "). The Subdivision Improvements Letter of Credit shall be provided to the City prior to the issuance of a building permit for the construction of the first residential structure on Top of Mill. (b) In order to ensure construction and installation of the landscaping improvements described in Section 2.5 above, and to guarantee 125 percent of the current estimated cost of the landscaping improvements (including 2 years of maintenance thereof), TOMI shall provide to the City irrevocable letters of credit from a financially responsible lender in the amount of $102,727.50 *` (i.e., 125% of $82,182.00) for the landscaping improvements on Parcel l; $59,500.00 (i.e., 125% of �. $47,600.00) for the landscaping improvements on Parcel 2; $38,778.75 (i.e., 125% of $31,023.00) for the landscaping improvements on Parcel 3; and $69,858.75 (i.e., 125% of $55,887.00) for the 38181 -16 16 �� 08/16/2002 Page: 002 :27F r SILVIA DAVIS PITKIN COUNTY EXECUTION COPY e landscaping improvements on Open Space Parcel A; (each, a "Landscaping Letter of Credit ", and collectively, the "Landscaping Letters of Credit "). The Landscaping Letter of Credit for Parcel 1 shall be provided to the City at the time of building permit application for Parcel 1. The Landscaping Letter of Credit for Parcel 2sha11 be provided to the City at the time of building permit application for Parcel 2. The Landscaping Letter of Credit for Parcel 3 shall be provided to the City at the time of building permit application for Parcel 3. The Landscaping Letter of Credit for Open Space Parcel A shall be provided to the City with the first Landscaping Letter of Credit for Parcels 1, 2 or 3 (e.g., if TOMI applies for a building permit for Parcel 1 before Parcels 2 or 3, then the Landscaping Letters of Credit for Parcels 1 and Open Space Parcel A shall be provided at the time of building permit application for Parcel 1). (c) The Landscaping Letters of Credit and the Subdivision Improvements Letter of Credit (together, the "Letters of Credit ") 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 TOMI 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 amounts 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 TOMI. Provided, however, that TOMI 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 any Letter of Credit. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of TOMI 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 the subdivision improvements and the City Parks Department shall inspect the landscaping improvements, and upon approval and written acceptance, a reduction in the outstanding amount of the applicable Letter of Credit shall be authorized in an amount equal to the agreed estimated cost for the completed 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 or City Parks Department, as the case may be, 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. (d) It is the express understanding of the parties that compliance with the procedure set forth in Section 2.7 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 TOMI as set forth above. 2.7 Noncompliance and Request for Amendments or Extensions by TOMI. In the event that the City Council determines that TO" is not acting in substantial compliance with the terms of this Agreement, the City Council shall notify TOMI in writing specifying the alleged non- J8181-16 17 — _..._. its, w mu 1111111 471100 IIIIIIIIIIIIIIIIII VIII IIII II�I�I� 7ll�l Ill l�l'II III I3I 08916 D @ . a 02? 27F 2 r R 235.00 D 0.00 EXECUTION COPY compliance and asking that TOMI 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 'r TOMI has not complied within such time, the City Council may issue and serve upon TOMI a .. written order specifying the alleged non - compliance and requiring TOMI to remedy the same within .. thirty (30) days thereafter. Within twenty (20) days of the receipt of such order, TOMI 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: AN (a) Whether the alleged non - compliance exists or did exist, or ee ,. (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 TOMI 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 TOMI, despite good faith efforts on its part to perform in a timely manner. 2.8 Top of Mill Construction Schedule. Development of Top of Mill shall comply with the most recent municipal engineering practice standards and the "Best Management Practices" (BMPs) identified for water quality control requirements. The development shall occur in accordance with the time frames set forth below, which are contained in Aspen City Council Ordinance No. 15, Series of 2002 ( "Ordinance No. 15 -02 "): (a) TOMI may submit building permit applications for construction of infrastructure and +� removal of fill any time after approval of Ordinance 7, but such applications shall be submitted no later than thirty (30) days after recordation of this Agreement and the Final Plat. (b) TOMI may submit building permit applications for the improvements to be constructed on Parcels 1 and 2 any time after recordation of this Agreement and the Final Plat. AN 38181 -16 18 of 47 .� IIIIIIIIIIii IIIIII VIIIIIIIIIIIIII VIII IIIIIIIII IIIIIII Page: 6/200022 02 :27F R 235.00 0 0.00 r. illlll VIII IIIIII VIII IIII III I I VIII II IIIIII III IIII 8/ 16/200002 02'27F SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 EXECUTION COPY (c) TOMI may submit building permit applications for the improvements to be constructed on Parcels 3,4,5,6,7 and 8 any time after approval of Ordinance 7, but not before a building permit is issued to Bavarian Affordable Housing, LLC for "Phase I" of the Bavarian Inn Affordable Housing Project. r (d) No certificate of occupancy for any townhome unit to be constructed on Parcel 1 shall be issued until a certificate of occupancy has been issued for the affordable housing units to be constructed on Parcel 2. .. (e) The certificate of occupancy for the free - market improvements to be constructed on any of Parcels 3,4, 5, 6, 7 and 8 shall not be issued until a certificate of occupancy has been issued for the on -site accessory dwelling unit on any such Parcel or the owner of such Parcel has paid the applicable affordable housing impact fee. To the extent of any conflict between the terms of this Agreement and the provisions of Ordinance No. 15 -02, this Agreement shall govern and control. ARTICLE 3 GENERAL PROVISIONS 3.1 The provisions hereof shall be binding upon and inure to the benefit of TOMI and _ - City and each of their respective successors and assigns. 12 This Agreement shall be subject to and construed in accordance with the laws of the .. State of Colorado. 33 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 of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. �. 3.4 This Agreement and the Exhibits attached hereto contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. TOMI, its successors or assigns may, on its own initiative, petition the City Council for an amendment to this Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment (it being understood that after TOMI conveys Parcel 9 as described in Section 2.1(a) above, Parcel 9 shall not, except as provided in Paragraphs 2.1(b)(ii) and (iii) and 22(hh) above, be r covered by, or subject to this Agreement; and, excepting only said Paragraphs 2.1(b)(ii) and (iii) and 2.2(hh), this Agreement may be amended without the consent of the owner of Parcel 9). The aw 38181 -16 19 M EXECUTION COPY provisions of this Agreement shall supersede and replace Section M of the First Amended PUD Agreement as it relates to Top of Mill. 3.5 Numerical and title headings contained in this Agreement are for convenience only, r and shall not be deemed determinative of 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. r 3.6 Upon execution of this Agreement by all parties hereto, City agrees to approve and execute this Agreement and the Final Plat, 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 TOMI. +• 3.7 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: 1111111111111111111111111111111111111111111111111111111 471100 86 2 02:27P City: City of Aspen Page: 20 of a7 City Manager SILVIR DAVIS PITKIN COUNTY CO R 235.00 D 0.00 130 South Galena Street Aspen, CO 81611 .. TOMI: Top of Mill Investors, LLC c/o Four Peaks Development, LLC 1000 S. Mill Street Aspen, CO 81611 r With copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. .. 601 E. Hyman Avenue Aspen, CO 81611 +r 3.8 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] r w. r em 38181 -16 20 rr .. r r r r r r r r u w r r EXECUTION COPY IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COLORADO, ATTEST: Kathryn S. Ko91 City Clerk' APPROVED AS TO FORM: 2 John W6ices ity Attorney *• 38181 -16 r r TOMI: TOP OF MILL INVESTORS, LLC, a Delaw limited liability comp j By: David ar er, Director [Acknowledgments on Next Page] IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIII 1 2 49 1 a7 IN COUNTY Co 111111 08/15/2002 02:27F R 235.00 0 0.00 21 ru ,.r rw r. w w r r IIIIIII VIIIIIIIII VIIIIIII IIIIIII VIII III IIIIIIIIIIIII 03/16/20002 f f04727F IN Co R 235.00 D 0.00 EXECUTION COPY STATE OF COLORADO ) ss COUNTY OF PITKIN ) The above and foregoing document was acknowledged before me this 1 10" day of ,,+- 2002, by (4 --� l E-v\ �r-ai 4 vi VAcL A,2 v a4 as Mayor and Kathryn 8. Koch as City Clerk of the City of Aspen, Colorado, a Colorado municipal corporation. Witness my hand and off My commission expires: STATE OF 40"Do ) ) ss COUNTY OF If KIN ) The above and foregoing document was acknowledged before me this 8h day of August 2002, by David Parker as Director for Top of Mill Investors, LLC, a Delaware limited liability company. Witness my hand and official MY COMMISSION EXPIRES `' r M commission expires; - y. kR. p Y P ,a�.,r�� „ ry'ti_. ._ 38181 -16 Notary 22 IIIIIIgIIIII IIIIII VIII IIII III III VIII II IIIIIII II IIIS 9 Page/16/2: / 16/2002 2727P D 0.00 EXECUTION COPY EXHIBIT "A -1" °• CITY OF ASPEN TOP OF MILL TRAIL EASEMENT THIS EASEMENT is made on , 2002 and is granted by Top of Mill Investors, .. LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of r Aspen, Colorado, a Municipal corporation, hereinafter referred to as "the City." For good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Easement. Grantor hereby grants to the City a non - exclusive ten foot (10') foot wide .. easement, hereinafter referred to as the "Top of Mill Trail Easement" or the "Easement" over and across the real property located in Pitkin County, Colorado, more particularly described on Exhibit "A" attached hereto and incorporated herein, for use by members of the public solely for pedestrian purposes. The easement granted herein shall also include the right, on the part of the public to cross Top of Mill Street as shown on the Final Plat of Top of Mill Subdivision/PUD recorded ,. , 2002 in Book _ at Page as Reception No. (the "Final Plat ") in order to utilize the Easement. The City shall be permitted to make improvements to the Easement only to the extent required for drainage, safety and maintenance of the trail. No other improvements by the City (e.g., lighting, etc.) shall be permitted. ., While the Easement runs through lands owned by Grantor, access to the Easement may only be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement shall be the responsibility of the City. Except as specifically provided herein, no other lands of Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express or implied, over lands of Grantor not described in Exhibit "A" for access to the Easement. Grantor reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by the City or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. The City agrees to maintain the Easement at its sole expense; provided, however, that the City shall have the right to assign its maintenance responsibilities to whatever person or entity the City deems is desirable for the effective utilization and maintenance of the Easement granted herein. + If the City fails to maintain the Easement within a reasonable period after notice from Grantor that the City has failed to do so, Grantor shall have the right, but not the obligation, to maintain the Easement and the City shall reimburse Grantor for any out -of- pocket costs incurred by Grantor. r The Easement is granted subject to all existing easements, restrictions and covenants of record. r .,� 38181 -16 23 r EXECUTION COPY D p Notwithstanding anything to the contrary herein, the City recognizes that Grantor will be engaged in construction in connection with its proposed development of the Top of Mill ' Subdivision/PUD and that use of the Easement during construction is potentially dangerous and likely to be disruptive to Grantor. Therefore, neither the City nor any member of the public shall have the right to use the Easement until a certificate of occupancy has been issued for the townhomes to be constructed by Grantor on Parcel 1, Top of Mill Subdivision/PUD. In addition, after a certificate of occupancy has been issued for the townhomes to be constructed by Grantor on Parcel 1, Top of Mill Subdivision/PUD, Grantor shall have the right to temporarily close the Easement from time -to -time when Grantor reasonably determines that use of the Easement will potentially conflict *. with Grantor's construction activities. r Upon recordation of this Easement Agreement, the portion of the Top of Mill Trail Easement depicted on the Final Plat located between the western boundary of Parcels 1 and 8, Top of Mill Subdivision/PUD and the western boundary of Open Space Parcel B, Top of Mill Subdivision/PUD shall automatically be vacated and replaced by the portion of the Top of Mill Trail Easement described in this Easement Agreement in that area. 2. Easement Utilization. This Easement is solely for use by the public for pedestrian purposes. No hunting, horses or pedal bikes, such as mountain bikes shall be permitted on the *� Easement. The use of motor vehicles is also prohibited, except to the extent necessary from time to time for the construction and maintenance of the trail or for emergency vehicles when necessary. The grant of the easement, as described herein, shall be strictly construed. 3. Trail Construction. Subject to seasonal conditions, Grantor shall improve the Easement as it lies within Top of Mill by constructing a four -foot (4') wide single track path with underlying matting and a crusher -fine surface. If, at the time this Easement Agreement is recorded, Grantor has not yet completed such improvements, Grantor shall deposit into escrow with the City sufficient funds, in an amount determined by the City, to pay of the cost of completing said w improvements. If said improvements have not been completed by [Insert date M- that is five (5) years after the date that the Top of Mill Subdivisioa/PUD Agreement is recorded], whether due to the fact that publicly dedicated trails through adjoining lands have not been connected up with the easterly and westerly ends of the Easement or otherwise, the funds deposited into escrow by Grantor for this purpose shall be released to the City and Grantor shall thereafter be relieved of any further obligation to improve the Easement. 4. Maintenance, Hold harmless and Insurance. The parties expressly acknowledge .. that the Easement is granted for a "recreational purpose" under, and Grantor is entitled to the benefits, protection and limitations on liability afforded by Colorado law governing recreational " easements, including, but not limited to, Colorado Revised Statute § 33-41 -101, et seq., as amended. • By granting the Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Easement, or to insure or indemnify the City or any member of the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Easement or due to the condition of the trail. .. 38181 -16 24 i r. 471100 IIIIIII VIII IIIIII VIII (III IIIIIII VIII III IIIIIII II IIII page: 24 of 7 66 /1 6 /2 0 2 27E / 000 0 EXECUTION COPY By accepting the Easement granted herein, the City agrees, to the extent permitted by law, to .. defend and hold Grantor and its successors and assigns harmless, subject to the procedural requirements and monetary limits of the Colorado Governmental Immunity Act, Colorado Revised Statutes § 24 -10 -101, et seq., as amended, for any injury, claim or damage to any person or property as a result of use of the Easement or due to the condition of the trail. 5. Right to Relocate. Grantor retains the right to relocate the Easement and/or the trail located therein, with the obligation to reconstruct any improvements thereon, at its sole expense and with the prior written approval of the City as to relocation, procedure and method of reconstruction ,r of the public trail, which approval by the City shall not be unreasonably withheld as long as the proposed relocation and reconstruction serve the purposes of the City, as expressed herein, to the same extent as this Easement, and so long as the improvements so constructed also serve said +. purposes. 6. Amendment. This Easement and the rights and obligations granted and assumed herein may not be modified except by a writing signed by Grantor and City, or their respective successors and assigns, as applicable. 7. Notices. Any notices given pursuant to the terms of this Easement shalt be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior W written notice of the change of address has been given to the other parties listed below. Said notices shall be sent to the parties hereto at the following address unless otherwise notified in writing: Grantor: Top of Mill Investors, LLC 1000 S. Mill Street Aspen, Colorado 81611 Attn: Scott Writer With a copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 E. Hyman Avenue +r Aspen, Colorado 81611 City: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Attn: City Manager .. 8. Venue. Grantor and City agree that his Easement is made in accordance with the laws W of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 38181 -16 25 M IIII I Ilill IIIIiI IIII III IIIIIII VIII III IIIIIII II IIII 089/16 2© 22f 02:27F SILVIP DAVIS PITKIN COUNTY CO R 235.00 D 0.00. EXECUTION COPY r^i 9. Enforcement. Each of Grantor and the City shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of .. this Easement. The failure of a party to insist upon the performance of any provisions or to exercise r. any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future, of any such provision. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this easement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. y .. 10. Designation of Successor. Grantor, by instrument duly recorded in the real estate records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and remedies of Grantor hereunder. 11. Term. The term of this easement shall be permanent and perpetual, so long as the City shall comply with the terms, provisions and conditions set forth herein. 12. Successors and Assigns. All the provisions of this easement, including the benefits and burdens created thereby, shall run with the land and be binding upon all persons who hereafter acquire any interest in the property described in Exhibit "A ", whether as an owner, renter, trust deed or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. [Signatures on Next Page] • r r IIIIIIIIIIIIIIIIII VIIIIII IIIVIIIIIIIIIIIIIII IIII 09 6/20 2 of 47 2 :27P SILVIR DAVIS PITKIN COUNTY M� 38181 -16 26 r 61 ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney 38181 -16 EXECUTION COPY GRANTOR: TOP OF MILL INVESTORS, LLC a Delaware limited liability company By: Print Name: Title: CITY: CITY OF ASPEN, a Colorado Municipal corporation Print Name: Title: 471100 iIIIIIIVIIIIIIIIIVIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIII Page: 27 of 47 .00 /16//200020002 :27P 27 STATE OF COLORADO ) ) ss. " COUNTY OF PITKIN ) w +Y i r r EXECUTION COPY The foregoing Easement was acknowledged before me this day of 12002 by , as of Top of Mill Investors, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this day of 2002 by , as of the City of Aspen, a Colorado Municipal corporation. Witness my hand and official seal. My commission expires: Notary Public IIIIII VIII IIIIII VIII IIII IIIIII (IIII III IIIIIII II IIII 8// 16 200002r02: Z7P SILVIP DAVIS PITKIN COUNTY CO R 235.00 D 0.00 38181 -16 28 .M i w EXECUTION COPY EXHIBIT "A" TO EXHIBIT "A -1" (Legal Description of Top of Mill Trail Easement) Top of Mill Trail Easement, according to the Final Plat of Top of Mill Subdivision/PUD, a planned community recorded , 2002 in Book _ at Page_ as Reception No. 38181 -16 COUNTY OF PITKIN, STATE OF COLORADO. 471100 IIIIIIIIIIIIIIIIIIIIIIIII IIIIIII VIII III IIIIIIIiIIII 009ssO 0000 2,27E SILVIA DAVIS 29 0 ,e. EXECUTION COPY EXHIBIT "A -2" CITY OF ASPEN ASPEN MOUNTAIN TRAIL EASEMENT THIS EASEMENT is made on 12002 and is granted by Top of Mill Investors, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of Aspen, Colorado, a Municipal corporation, hereinafter referred to as the "City." i' For good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Easement. Grantor hereby grants to the City a non - exclusive thirty foot (30') wide easement, hereinafter referred to as the "Aspen Mountain Trail Easement" or "Easement" over and across the real property located in Pitkin County, Colorado, more particularly described on Exhibit "A" attached hereto and incorporated herein, for use by members of the public strictly as a trail for pedestrian and skiing purposes. The City shall be permitted to make improvements to the Easement only to the extent required for drainage, safety and maintenance of the trail. No other improvements by the City (e.g., lighting, etc.) shall be permitted. While the Easement runs through lands owned by Grantor, access to the Easement may only be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement shall be the responsibility of the City. No other lands of Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express or implied, over lands of Grantor not described in Exhibit "A" for access to the Easement. Grantor reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by the City or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. The Easement is granted subject to all existing easements, restrictions and covenants of record. The City agrees to maintain the Easement at its sole expense; provided, however, that the City shall have the right to assign its maintenance responsibilities to whatever person or entity the City deems is desirable for the effective utilization and maintenance of the Easement granted herein. If the City fails to maintain the Easement within a reasonable period after notice from Grantor that the City has failed to do so, Grantor shall have the right, but not the obligation, to maintain the Easement and the City shall reimburse Grantor for any out -of- pocket costs incurred by Grantor. it e 18181 -16 30 as 61 IIIIII IIIiI IIIIII VIII IIII IIIIiII VIII III IIII VIII IIII 0 0 Page: 16 20020 2727F SILVIA DAVIS PITKIN COUNTY CO R 235. 00 0 EXECUTION COPY Notwithstanding anything to the contrary herein, the City recognizes that Grantor will be engaged in construction in connection with its proposed development of the Top of Mill Subdivision/PUD and that use of the Easement during construction is potentially dangerous and likely to be disruptive to Grantor. Therefore, neither the City nor any member of the public shall have the right to use the Easement until a certificate of occupancy has been issued for the townhomes .. to be constructed by Grantor on Parcel 1, Top of Mill Subdivision/PUD. In addition, after a certificate of occupancy has been issued for the townhomes to be constructed by Grantor on Parcel 1, Top of Mill Subdivision/PUD, Grantor shall have the right to temporarily close the Easement from time -to -time when Grantor reasonably determines that use of the Easement will potentially conflict with Grantor's construction activities. 2. Easement Utilization. This Easement is solely for use as a trail for pedestrian and M skiing purposes by the public, which for purposes of this Easement includes the right to use horses and pedal bikes, such as mountain bikes. No hunting shall be permitted on the Easement. The use of motor vehicles is also prohibited, except to the extent necessary from time to time for the construction and maintenance of the trail or for emergency vehicles when necessary. The grant of w the easement, as described herein, shall be strictly construed. 3. Trail Construction. Subject to seasonal conditions, Grantor shall improve said Easement by constructing a four -foot (4') wide single track path with underlying matting and a crusher -fine surface, installation of trail signs at the ends of the trail identifying the trail name and public access, which signs shall be designed and built in accordance with City of Aspen Parks Department standards. 4. Maintenance, Hold harmless and Insurance. The parties expressly acknowledge ., that the Easement is granted for a "recreational purpose" under, and Grantor is entitled to the benefits, protection and limitations on liability afforded by Colorado law governing recreational easements, including, but not limited to, Colorado Revised Statute § 33 -41 -101, et seq., as amended. By granting the Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Easement, or to insure or indemnify the City or any member of the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Easement or due to the condition of the trail. By accepting the Easement granted herein, the City agrees, to the extent permitted by law, to defend and hold Grantor and its successors and assigns harmless, subject to the procedural requirements and monetary limits of the Colorado Governmental Immunity Act, Colorado Revised r Statutes § 24 -10 -101, et seq., as amended, for any injury, claim or damage to any person or property as a result of use of the Easement or due to the condition of the trail. 5. Right to Relocate. Grantor retains the right to relocate the Easement and/or the trail located therein, with the obligation to reconstruct any improvements thereon, at its sole expense and with the prior written approval of the City as to relocation, procedure and method of reconstruction of the public trail, which approval by the City shall not be unreasonably withheld as long as the 38181 -16 31 IIIIII VIII IIIIII VIII IIII IIIIIII VIII II IIII VIII IIII 08/16/2 9 00002r02:27F We SILVIA DAVIS PITKIN COUNTY CO R 235.00 0 0.00 EXECUTION COPY r proposed relocation and reconstruction serve the purposes of the City, as expressed herein, to the same extend as this Easement, and so long as the improvements so constructed also serve said purposes. a 6. Vacation of Prior Aspen Mountain Trail Easements. Reference is made to the Final Plat for the Top of Mill Subdivision/PUD recorded 2002 in Book at Page as Reception No. (the "Final Plat "). The Final Plat (i) vacates the Aspen Mountain Trail as shown on the First Amended Plat Aspen Mountain Subdivision and Planned Unit Development, according to the Plat thereof filed October 3, 1988 in Plat Book 21 at Page 35 (the .. "First Amended Plat ") and (ii) depicts the general vicinity of a new Aspen Mountain Trail Easement that will be located, aligned and dedicated by this Easement Agreement. Upon recordation of this Easement Agreement, the Aspen Mountain Trail Easement depicted on the Final Plat shall automatically be vacated and replaced by the Easement described and dedicated in this Easement Agreement. 7. Amendment. This Easement and the rights and obligations granted and assumed herein may not be modified except by a writing signed by Grantor and City, or their respective successors and assigns, as applicable. .• 8. Notices. Any notices given pursuant to the terms of this Easement shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior written notice of the change of address has been given to the other parties listed below. Said notices shall be sent to the parties hereto at the following address unless otherwise notified in writing: Grantor: Top of Mill Investors, LLC 1000 S. Mill Street Aspen, Colorado 81611 Attn: Scott Writer �+ With a copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 81611 r. City: City of Aspen 130 S. Galena Street .. Aspen, Colorado 81611 Attn: City Manager M 38181 -16 32 I I IIIIIIIIIIIIIIIIIII 471100 32 of I��IIIIIIII��III�III�IIIII IIIIIII 08,1612 0@2 0 Y 27P � I R 235.00 r 5ILVIA DAVIS PITKIN COUNTY CO EXECUTION COPY +. 9. Venue. Grantor and City agree that his Easement is made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 10. Enforcement. Each of Grantor and the City shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of this Easement. The failure of a party to insist upon the performance of any provisions or to exercise r any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future, of any such provision. If any court proceedings are +� instituted in connection with the rights of enforcement and remedies provided in this easement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. 11. Designation of Successor. Grantor, by instrument duly recorded in the real estate records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and remedies of Grantor hereunder. . 12. Term. The term of this easement shall be permanent and perpetual, so long as the City shall comply with the terms, provisions and conditions set forth herein. u 13. Successors and Assigns. All the provisions of this easement, including the benefits and burdens created thereby, shall run with the land and be binding upon all persons who hereafter " acquire any interest in the property described in Exhibit "A ", whether as an owner, renter, trust deed or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. 471100 „� IIIIIIIIIIIIIIII VIIIIIIIIIIIII VIII III VIII IIII IIII 08/16/2002 SILVIR DAVIS r s 38181 -16 33 r Wr s s r s r 71 +wi r EXECUTION COPY GRANTOR: TOP OF MILL INVESTORS, LLC a Delaware limited liability company By: Print Name: Title: CITY: CITY OF ASPEN, a Colorado Municipal corporation By: Print Name: Title: 34 VIII) VIII 111111 VIII IIII 1111111 VIII III VIII IIII IIII ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: J6hn-Wdreester,"C fity Attorney 471100 Page: 16/200 2f 2:27P SILVIA DAVIS PITKIN COUNTY CO R 235.00 0 0.00 38181 -16 3 4 M. t to fl EXECUTION COPY STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this day of 2002 by , as of Aspen Mountain Investors, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this day of 2002 by as of the City of Aspen, a Colorado Municipal corporation. Witness my hand and official seal. My commission expires: Notary Public IIitIIIIIIIIIIIIIIIII 471 100 2 27 COUNTY CD R 235.00916D 0000 F ITKIN SILVIA DAVIS P 38181 -16 35 y. dr w. w EXECUTION COPY EXHIBIT "A" TO EXHIBIT "A -2" (Attach Legal Description of Aspen Mountain Trail Easementl COUNTY OF PITKIN, STATE OF COLORADO. 4 91./ Q@ f 47 27P 235.00 ,16 0 00 00 2. I"I""I'II""�'II"y COUNTY � SILVIP �P 38181 -16 36 W EXECUTION COPY EXHIBIT "B" CITY OF ASPEN STORM DRAIN PIPE EASEMENT Fn THIS EASEMENT is made on 2002 and is granted by Top of Mill Investors, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of ,. Aspen, Colorado, a Municipal corporation, hereinafter referred to as "the City." r For good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Easement. Grantor hereby grants to the City a non - exclusive twenty foot (20') foot wide utility easement, hereinafter referred to as the "Easement" over and across the real property ,. located in Pitkin County, Colorado, more particularly described on Exhibit "A" attached hereto and incorporated herein, for use by the City solely for installation, maintenance and repair of a storm drain pipe. While the Easement runs through lands owned by Grantor, access to the Easement may only be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement shall be the responsibility of the City. Except as specifically provided herein, no other lands of Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express or implied, over lands of Grantor not described in Exhibit "A" for access to the Easement. Grantor +� reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by the City or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall 0 have the right to grant any easements to utility companies over or under the Easement. In the event that the City damages any landscaping or other improvements located in the Easement in connection with the rights granted hereunder, the City shall promptly repair any such .- damage and restore the land within the Easement to its prior condition. r The Easement is granted subject to all existing easements, restrictions and covenants of record. 2. Easement Utilization. This Easement is solely for use by the City for installation, maintenance and repair of a storm drain pipe. The grant of the easement, as described herein, shall .. be strictly construed. 3. Amendment. This Easement and the rights and obligations granted and assumed herein may not be modified except by a writing signed by Grantor and City, or their respective successors and assigns, as applicable. ,. 38181 -16 37 Page: 37 If 47 EXECUTION COPY 4. Notices. Any notices given pursuant to the terms of this Easement shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior written notice of the change of address has been given to the other parties listed below. Said notices shall be sent to the parties hereto at the following address unless otherwise notified in writing: r Grantor: Top of Mill Investors, LLC 1000 S. Galena Street Aspen, Colorado 81611 Attn: Scott Writer r With a copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. �. 601 E. Hyman Avenue Aspen, Colorado 81611 .. City: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Attn: City Manager 5. Venue. Grantor and City agree that his Easement is made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 6. Enforcement. Each of Grantor and the City shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of this Easement. The failure of a party to insist upon the performance of any provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future, of any such provision. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this easement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. 7. Designation of Successor. Grantor, by instrument duly recorded in the real estate records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and remedies of Grantor hereunder. S. Term. The term of this easement shall be permanent and perpetual, so long as the .. City shall comply with the terms, provisions and conditions set forth herein. s 9. Successors and Assigns. All the provisions of this easement, including the benefits and burdens created thereby, shall run with the land and be binding upon all persons who hereafter 38181 -16 38 471100 IIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIVIIIIIIIIIII 089/16/2002r02:27P r SIL�VIA R 235.00 D 0.00 EXECUTION COPY acquire any interest in the property described in Exhibit "A ", whether as an owner, renter, trust deed or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. GRANTOR: TOP OF MILL INVESTORS, LLC a Delaware limited liability company By: Print Name: Title: CITY: CITY OF ASPEN, a Colorado Municipal corporation By: Print Name: Title: .. ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: .w a r Sohn tiVorcester, City Attorney lilt IIIIIIIIIIIII�III�IIIIII a 471100 D 0 II�IIIIIIIIII CO R 235.08 16 0 0 , 0 02.27P SILVIP DAVIS P 38181 -16 39 a� r EXECUTION COPY STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this day of 2002 by , as of Top of Mill Investors, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this day of 2002 by , as of the City of Aspen, a Colorado Municipal corporation. Witness my hand and official seal. My commission expires: Notary Public IIIIIIIIIIIIIIIII 4711 @@ IIIIIIIIIII�IIII��III�III 'I�I�I�II R 235.009 16 D 0 0 00 2 27P 08 IIII iq ORVIS PITKIN 38181 -16 40 r r i i r r a r i i r EXECUTION COPY EXHIBIT "A" TO EXHIBIT `B" (Legal Description of Storm Drain Pipe Easement) Twenty foot (20') wide utility easement between Parcels 4 and 5 and over Open Space Parcel A, according to the Final Plat of Top of Mill Subdivision/PUD, a planned community recorded 2002 in Book at Page as Reception No. COUNTY OF P1TKIN, STATE OF COLORADO. 38181 -16 IIIIII VIII IIIIII VIII IIII IIIIIII VIII III IIIiI IIII IIII 9 Page: 16/20 f 22 02 :27F 0.00 41 EXHIBIT 'C' EXHIBIT _ .. TOP OF MILL SUBDIVISION / PUD SCHEDULE OF PUBLIC IMPROVEMENTS May 31, 2002 INTRODUCTION Below is an updated schedule of the public improvements for the Top of Mill project including estimated costs developed with the General Contractor for the project, Resort Builders. This list is based on the site improvements anticipated in the Construction Management Plan for the project but includes only right -of -way improvements and main utility extensions that benefit the project and parcels as a whole. I have excluded utility service lines and improvements internal to each parcel. SITE IMPROVEMENTS Common public improvements to serve the overall Top of Mill Subdivision / PUD project site are shown on drawings submitted as exhibits to the Final Plat titled GRADING & DRAINAGE PLAN, ROAD PLAN & PROFILE and SCHEMATIC UTILITY PLAN and include the following: r 1. Excavation and removal of approximately 28,000 cubic yards of excess fill to bring the site back to the base elevations utilized in the site grading plan. Estimated cost: $300,000. 2 Construction of approximately 1,000 linear feet of sidewalk both in the public right-of- way (820 linear feet) and internal to the project site. Estimated cost: $23,000. 3. Installation of two handicap sidewalk ramps at the intersection of South Mill and Summit Streets. Estimated cost: $1,200. 4. Installation of up to 4 street lights in the public right -of -way and on the private access. Estimated cost $8,000. 5. Construction of approximately 1,200 linear feet of new curb and gutter along the west side of South Mill Street and along the internal access road. Estimated cost: $23,100. 6. Construction of approximately 900 linear feet of 8 inch diameter ductile iron water main extension including two fire hydrants and related gate valves and fittings. Estimated " cost: $89,700. 7. Construction of approximately 480 linear feet of 8 inch diameter PVC sewer main extension including 6 sewer manholes and appurtenances. Estimated cost: $61,400. r 11111 Jill 111111111111111111111u1Jill 471100 r 1 1111111111 ��I�l� Ij��j �� jj��ll II"I �'I II"II I'I I"I Page. 42 of 47 SILVIR DAVIS PITKIN COUNTY Co 08/16/2002 02:27F .r R 235.00 D 0.00 May 31, 2002 Top of Mill Subdivision / PUD Schedule of Public Improvements Page 2 `1 8. Installation of approximately 650 linear feet of electric primary, gas, phone and cable TV lines. $45,150. 9. Installation of site drainage improvements including approximately 620 I.f. of storm drain, 6 inlet structures and 3 manholes to handle storm runoff from new impervious a areas. Estimated Cost: $60,375. 10. Placement of 4,500 square yards of concrete paving. Estimated cost: $118,000. +. 11. Construction of approximately 500 linear feet of 4 foot wide gravel "Top of Mill Trail" in a 15 foot easement. Construction of approximately 590 linear feet of 4 foot wide gravel "Aspen Mountain Trail" in the 30 foot ski easement. Estimated cost: $17,000. ^" Total estimated cost of the public improvements for the Top of Mill project; $ 746,925. JHr)h 00140SIA4 rY SILVIA III"I'I'II�II IIIIIIIIII�II��IIIIIIIIIIIIIIII 9 1 43 47 SILVIq DAVIS PITKIN COUNTY Co 08/16/2002 02:27F ,.� R 235.00 D 0.00- r r r r E .r r r r r r r do r s r r EXHIBIT 'D' TOP OF MILL Date: May 15, 2002 Landscape Quantities Prepared By: OHM Design Corporation Parcel 1 Number Item Quantity Unit Unit Cost Total Cost 1 Sod 2,635 SF $1.00 $2,635 2 Native Seed 12,675 SF $1.00 $12,675 3 Cedar Mulch 1,395 SF $0.60 $837 4 Edging 87 LF $2.50 $218 5 Irrigation 16,705 SF $1.00 $16,705 6 Shrub Bed Prep 1,395 SF $1.70 $2,372 7 5 gal Shrubs 71 EA $45.00 $3,195 8 1 gal. Perennials 193 EA $14.00 $2,702 9 2.5" cal. Deciduous Trees 9 EA $550.00 $4,950 10 2.25" cal. Deciduous Trees 16 EA $400.00 $6,400 11 3" cal. Deciduous Trees 33 EA $500.00 $16,500 12 3.5" cal. Deciduous Trees 5 EA $600.00 $3,000 13 10' Evergreen Trees 3 EA $600.00 $1,800 14 14' Evergreen Trees 4 EA $1,200.00 $2,400 15 17' Evergreen Trees 2 EA $1,700.00 $3,400 Subtotal $79,788 3% Mobilization Fee $2,394 Total $82,182 Assumes that 12" Of topsoil has been provided & placed by the Contractor Cobble mulch at dripline has not been included IIIIIIII . %1 /00 9 2 44 of pITKIN IIIIIIIIIIIIIIIIIIIIIII COUNTY co R 23 IIIIIIIIIIIIIIIIIIIIII� 0 SILVIO DAVIS ar r TOP OF MILL Landscape Quantities Prepared By: DHM Design Corporation Parcel 2 Number Item Quantity Unit Date: May 15, 2002 Unit Cost Total Cost 1 Sod 3,054 SF $1.00 $3,054 2 Native Seed 1,078 SF $1.00 $1,078 .r 3 Cedar Mulch 130 SF $0.60 $78 4 Edging 185 LF $2.50 $463 *. 5 Irrigation 4,262 SF $1.00 $4,262 6 Shrub Bed Prep 130 SF $1.70 $221 r 7 5 gal Shrubs 36 EA $45.00 $1,620 8 1 gal. Perennials 17 EA $14.00 $238 a 9 2.5" cal. Deciduous Trees 4 EA $550.00 $2,200 r 10 2.25" cal. Deciduous Trees 11 EA $400.00 $4,400 11 3" cal. Deciduous Trees 23 EA $500.00 $11,500 ... 12 3.5" cal. Deciduous Trees 4 EA $600.00 $2,400 13 10' Evergreen Trees 4 EA $600.00 $2,400 14 14' Evergreen Trees 12 EA $1,200.00 $7,200 15 17' Evergreen Trees 3 EA $1,700.00 $5,100 Subtotal $46,214 3% Mobilization Fee $1,386 +� Total $47,600 W Assumes that 12" of topsoil has been provided 8 placed by the Contractor .. Cobble mulch at dripline has not been included W r r 4-71 04 f 4-1 Pa9 w II"II�IIII'I'I'II"II��II R 235 .00 02:271 0 II'IIII"I�II'I'I' 7KIN COUNTY ro SILVIA i r ,r r r .s r r W W r r .w r r r TOP OF MILL Date: May 15, 2002 Landscape Quantities Prepared By: DHM Design Corporation Parcel 3 Number Item Quantity Unit Unit Cost Total Cost 1 Sod 785 SF $1.00 $785 2 Native Seed 4,780 SF $1.00 $4,780 3 Cedar Mulch 775 SF $0.60 $465 4 Edging 170 LF $2.50 $425 5 Irrigation 6,340 SF $1.00 $6,340 6 Shrub Bed Prep 775 SF $1.70 $1,318 7 5 gal Shrubs 31 EA $45.00 $1,395 8 1 gal. Perennials 58 EA $14.00 $812 9 2.5" cal. Deciduous Trees 4 EA $550.00 $2,200 10 2.25" cal. Deciduous Trees 9 EA $400.00 $3,600 11 3" cal. Deciduous Trees 9 EA $500.00 $4,500 12 3.5" cal. Deciduous Trees 0 EA $600.00 $0 13 10' Evergreen Trees 2 FA $600.00 $1,200 14 14' Evergreen Trees 1 EA $1,200.00 $600 15 17' Evergreen Trees 1 EA $1,700.00 $1,700 Subtotal $30,120 3% Mobilization Fee $904 Total $31,023 Assumes that 12" of topsoil has been provided & placed by the Contractor Cobble mulch at dripline has not been included IIIIIIIIIIIIIIIIII VIIIIIIIIIIIIIIIIIII IIIIIIIII III IIII 08g 6/20@002r02727F R 235.00 D 0.00 r r .w r i r r r W r r a W r. TOP OF MILL Date: May 15, 2002 Landscape Quantities Prepared By: DHM Design Corporation Infrastructure Parcel Number Item Quantity Unit Unit Cost Total Cost 1 Sod 835 SF $1.00 $835 2 Native Seed 12,675 SF $1.00 $12,675 3 Cedar Mulch 1,395 SF $0.60 $837 4 Edging 87 LF $2.50 $218 5 Irrigation 14,905 SF $1.00 $14,905 6 Shrub Bed Prep 1,395 SF $1.70 $2,372 7 5 gal Shrubs 74 EA $45.00 $3,330 8 1 gal. Perennials 142 EA $14.00 $1,988 9 2.5" cal. Deciduous Trees 10 EA $550.00 $5,500 10 2.25" cal. Deciduous Trees 6 EA $400.00 $2,400 11 3" cal. Deciduous Trees 9 EA $500.00 $4,500 12 3.5" cal. Deciduous Trees 2 EA $600.00 $1,200 13 10' Evergreen Trees 1 EA $600.00 $600 14 14' Evergreen Trees 2 EA $1,200.00 $1,200 15 17' Evergreen Trees 1 EA $1,700.00 $1,700 Subtotal $54,259 3% Mobilization Fee $1,628 Total $55,887 Assumes that 12" of topsoil has been provided & placed by the Contractor Cobble mulch at dripline has not been included page: IiKIN COUNTY CO IIIIIIIIIIIIIIIIII R °f 47 08/36/2002 02:27p 235'00 0 0.00 r r i r aw it i r r w i r i APPENDIX D +� January 8, 2008 c o n s r x u c r l ox ■r City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: Loring Residence Top of Mill Lot # 5 To Whom It May Concern: ., Hansen Construction, Inc. is working with Waste Engineering on control and removal of excavated material at Lot 45. Waste Engineering is a qualified environmental consultant that has been involved with the Top of Mill soils since 2001, and they will be employed by Hansen Construction, Inc. to oversee the excavation of Lot #5. The residence will be designed and constructed by qualified engineers and subcontractors. Hansen Construction, Inc. will employ the Yenter Companies, Inc. for all drilling and soil nailing work. Yenter Companies, Inc., in conjunction with our selected excavation contractor, will construct the deflection wall that is required on this site. Yenter Companies, Inc. has constructed other deflection walls at the Top of Mill and they are highly qualified to perform this type of work. In addition to Waste Engineering, Hepworth - Pawlak Geoteclmical, Inc. will oversee all required soils engineering and construction quality materials testing. Hepworth - Pawlak Geotechnical, w. Lrc. has performed soils boring on this parcel, and Hansen Construction, Inc. expects to receive a -• copy of the soils report this week. Mike Thele with Structural Engineering Services will be designing the deflection wall and the �* foundation for this residence. Mike Thele and Hansen Construction, Inc. are looking at various options to construct the wall and foundation that would minimize the amount of soil that would be excavated. The options would be to utilize drilled piers and soil nailing in lieu of over excavation and conventional concrete forming. The size of the site is such that most of the area .. will be disturbed during the construction of the home. The construction would begin at the back of the lot and be staged toward Mill Street; the area at the back of the lot would have the structure for the ADU placed as the work progressed toward the street. By placing the structure .r at the rear or the southern portion of the lot and working forward, the area being disturbed would be minimized until the next phase is constructed. r7l A 1 P.O. Box 10493 Aspen, CO 81612 The mechanical and electrical systems will be designed by licensed professional engineers. The goal is to achieve the highest efficiency possible for both of these systems. Hansen Construction, Inc. will employ qualified subcontractors to install these phases based on the performance specifications supplied by the MIE Engineers. .. The required excavation will be performed by a qualified excavation contractor that will be monitored daily by Waste Engineering and Hansen Construction, Inc. to assure compliance with previously established requirements for controlling contaminated soil and Pitkin County fugitive dust control regulations. The construction site will be enclosed with safety fence as required to ensure a safe environment for all persons. Erosion fence will also be installed as directed by Waste Engineering, and the excavation contractor will be required to control the dust generated +o by the excavation work. Dust control will be accomplished by watering all disturbed areas as required, and the vehicle speeds will be controlled to minimize dust. The access to the site will be graveled to try to eliminate as much mud and dirt being tracked onto the road as possible. .. The road will be maintained by scraping and hand sweeping and will be washed down as required. Sincerely, Ran Jaco e T Han n Con ctio nc. r r • rr w r r