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HomeMy WebLinkAboutcoa.lu.sm.Rio Grande Snowmelt.41A-88 CASELOAD SUMMARY SH::z i City of Aspen DATE RECEIVED:- _X//a/_ PARCEL ID AND CASE NO. DATE COMPLETE: 5 PP STAFF MEMBER: (• PROJECT NAME: (� !I' U�IXPJ,trruu Qc�� O,14 0/61 � L t C Proj ect Addre:a:; : APPLICANT:_- Applicant Adages : �O^/ 1 rQ b:%lna . :, (-21/'Y REPRESENTATIVE: ;CZ / / Representative Address /Phone: PAID: YES NO AMOUNT: NTG' 1) TYPE OF APPLICATION: 1 STEP: - �� 2 STEP: 2) IF 1 STEP APPLICATION GOES TO: / P &Z CC PUBLIC -- HEARING DATE:` 4 ( VESTED RIGHTS: YES NO 3) PUBLIC HEARING IS BEFORE: P &7, CC N/A 6i DATE REFERRED: ?-1610 INITIALS : Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: Staff Approval: Paid: Consent Agenda: Date: REFERRALS: - - \ - - City Attorney Mtn. Bell School District qty Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief Bldg:Zon /Inspect Envir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: PPP/ INITIAL: City Atty City Engineer Bldg. Dept. Other:_ / r ^ FILE STATUS AND LOCATION: � � ' /� / / MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy Houben and Tom Baker, Planning Office RE: Rio Grande Snow Melt Facility /SPA Amendment /Stream Margin Review - Public Hearing DATE: September 20, 1988 APPLICANT: City of Aspen REQUEST: SPA Amendment approval for a Snow Melting Facility on the Rio Grande, Stream Margin Review for bank stabilization, and storm drainage modification. LOCATION: Rio Grande (Aspen One Property) ZONING: PUB /SPA DESCRIPTION OF THE PROPOSAL: The applicant requests the placement of a new snow melter facility and its associated snow storage and upgrading of an existing storm drainage system into the Roaring Fork River. These activities require a Stream Margin Review. In addition, bank stabilization on the east side of the Roaring Fork River and side channel dredging on the east side of the Rio Grande property require Stream Margin Review. Since the Rio Grande parcel is designated SPA, and since and SPA Plan has not been adopted yet for this site, existing conditions are considered to be the "Plan" for the property. An SPA Amendment must also be processed concurrently. This requires processing pursuant to the procedures for a "Final Development Plan ", which necessitates a public hearing by the Commission. The Engineering Department staff will be present at the meeting to answer any technical questions. It is proposed that the snow melter facility will release approximately 160 gallons per minute when snow is placed into the machine. The water will flow from the snow melter to the settling ponds through the existing ditch system. The applicants also propose to do work along and within the Roaring Fork River to improve the flood carrying capacity in the area of the Aspen One property. This is proposed for this year as well as subsequent years as needed. REFERRAL COMMENTS: 1. Engineering: The Engineering Department comments are in the attached memorandum by Elyse Elliott. Her comments have been summarized below. 1. The statement that there will not be an increase in the base flood elevation must be certified by a professional engineer. In a response from the Engineering Department they note that they will certify that the base flood elevation will not be increased by the activity. 2. The impacts of the modification to the ponds and storm drainage system on the trail system must be addressed. In a later memorandum from the Engineering Department, Jim Gibbard states that the 3 new settling ponds will have the capacity to handle ten times the flow produced by the snow melter facility, thus the trail will not be impacted by the ponds or the snow melting activity. 3. The stream channelization and bank stabilization should occur at low flow periods and revegetation of the banks should become a condition of approval. The Engineering Department responded to this concern by stating that the side channel will be done at a time of the year when the river is low (between October and April). 4. The approval is unclear with regard to potential pollution to the Roaring Fork River and the maintenance of the ponds. The Engineering Department responded by explaining that the drainage from the settling ponds will be changed from a location at the surface to a location beneath the surface. This will reduce the pollution of the river caused by the oil and grease on the surface of the ponds. The Engineering Department states that the ponds will be dredged periodically. 5. The application is unclear with regard to how the snow melt flows from the last pond to the river. The Engineering Department response to this concern was that the water will be piped from the last pond to the river. 6. Prior to development, construction plans should be submitted to the Engineering Department which indicate that no pollution or erosion will result from the proposed construction techniques. 2 The construction procedure will be supervised by the Engineering Department to insure that the work occurring near the river will cause minimal pollution. 2. Environmental Health: In a memorandum from Tom Dunlop of the Environmental Health Department the following concerns are noted: 1. AIR QUALITY: The steam generated will not cause any negative pollution to the air, however, odors could become a concern. There is no evidence as to whether or not this will occur therefore it may need to be dealt with after the equipment has been in operation for awhile. 2. WATER QUALITY: The recommendations outlined in the attached letter from Jon Kubic, Water Quality Control Division should be adhered to. The improvement of the settling ponds and installing an outfall that detains oil and grease is an important design feature. A process needs to be developed which will remove and dispose of the collected oil, grease and other objects as the melting takes place. 3. NOISE: It appears that the sound level will be between 70 -75 decibels at 50 feet. This is about as loud as a vacuum cleaner, 10 feet away. It is recommended that the design engineer for the snow melter company consult the City regarding the siting and methods of mitigating noise. The sound at 75 decibels has the potential to be very intrusive on the adjacent neighborhood. Landscaping and berming can help but will not totally mitigate the noise impacts. 4. SOLID WASTE: Solid waste handling should be a part of the system in order to prevent solid waste from entering the river or from blowing around the site. STAFF COMMENTS: SNOW MELTER: 1. The most serious concern of the Planning Office is the location of the snow melter. We feel that the proposed location may impede future use of the site for development activities such as the arts usage. An alternative site which appears to meet all of the access needs and associated drainage needs of the snow melter facility is to the east of the access road entering the Aspen One property. This site, however, may present a greater noise disturbance to 3 the neighbors to the east. The Planning Office, however, feels that if the snow storage pile is located between the snow melter and the river, it can act as a berm to help mitigate the noise impacts. If the snow melter facility is successful and additional machines are purchased then a permanent landscaping plan which would mitigate the noise impacts must be developed. 2. The Planning Office does not see a problem with the use of Rio Grande for staging area for Rip Rap and channel dredging. SPA REVIEW: Section 7 -804 B of the Code specifies the Review Standards for a Final SPA (or an amendment to an SPA). These are as follows: 1. STANDARD: Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. RESPONSE: In the staff's opinion the proposal complies with this criterion. The staff is concerned, however, that the snow melt aspect of the proposal could be improved with commitments for landscaping /revegetation of the snowdump site and commitments for screening the snow melt facility from view, especially during the summer season. 2. STANDARD: Whether sufficient public facilities and roads exist to service the proposed development. RESPONSE: In staff's opinion the proposal complies with this criterion because storm drainage and access are already in place. 3. STANDARD: Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. RESPONSE: In staff's opinion the proposal complies with this criterion. 4. STANDARD: Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. RESPONSE: In staff's opinion the proposal complies with this criterion. Although the proposal complies with this 4 criterion it is the staff's opinion that the applicant should explain why the snow melt facility should not be located near the impound lot. In the staff's opinion this location would allow the remainder of the site to be utilized more effectively for other community uses (arts usages). 5. STANDARD: Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. RESPONSE: The 1973 Land Use Plan calls for Public uses, open space and multi - family residential in this area. In staff's opinion the snow melt facility is a public use which enhances the prospects of providing the community with usable open space along the river. 6. STANDARD: Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. RESPONSE: This criterion does not apply because this is a public project. 7. STANDARD: Whether proposed development on slopes in excess of twenty percent (20 %) meet the slope reduction and density requirements of Sec. 7- 903(B)(2)(b). RESPONSE: This criterion does not apply because there is no development on slopes in excess of 20 %. 8. STANDARD: Whether there are sufficient GMQS allotments for the proposed development. RESPONSE: This criterion does not apply because it is an essential public facility which serves an essential public purpose, provides facilities in response to the demands for growth and serves the needs of the City. It should be exempt from GMQS pursuant to section 8 -104 C.1.b. STREAM MARGIN REVIEW: The applicants are requesting Stream Margin Review for several activities (see attached map). These are: 1. Modification to the existing drainage system. 2. Addition of a settling pond. 3. Rip Rap on the east side of the Roaring Fork River for Bank stabilization. 5 4. Channelization of the Roaring Fork River along the east side of the Aspen One property. Section 7 -504 of the Code has the following review criteria for a Stream Margin Review: 1. STANDARD: It can be demonstrated that the proposed development will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an elevation certificate prepared by a professional engineer registered to practice in the State of Colorado. RESPONSE: This development will not increase the base flood elevation on this parcel. 2. STANDARD: Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks /Recreation /Open Space /Trails Plan map is dedicated for public use. RESPONSE: The Rio Grande Trail is within the development site and has been dedicated to public use. 3. STANDARD: The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. RESPONSE: Any recommendations of the Roaring Fork Greenway Plan will be implemented. 4. STANDARD: No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. RESPONSE: No vegetation will be removed or slope changes made that will produce erosion of the stream bank. 5. STANDARD: To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. RESPONSE: All efforts will be made to reduce pollution and interference with the natural changes of the river, especially in the case of the dredging of the side channel. 6. STANDARD: Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. RESPONSE: Written notice will be given to the Colorado 6 Water Conservation Board prior to the dredging of the side channel and a copy of this notice will be submitted to FEMA. 7. STANDARD: A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. RESPONSE: The purpose of the channel dredging is to improve the flood carrying capacity of the river in this area. 8. STANDARD: Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. RESPONSE: There will be no work done within the 100 year floodplain that will require federal or state permits. RECOMMENDATION: Approval to allow the placement of the Snow Melter Facility on the Aspen One property, approval of Stream Margin Review to stabilize and channelize the Roaring Fork River along the Rio Grande property in order to increase the flood capacity, and Final SPA Amendment approval with conditions: 1. All representations of the applicant shall be conditions of approval. 2. Move snow melter further to the east on the Aspen One property using the snow storage as a berm between the facility and the river. 3. The City must come back within one year of the final approval to review the following issues: a. Future landscaping and noise control. b. Operational concerns. c. Environmental Health review. 4. Prior to the start up of the operation the Environmental Health Department shall verify that all their concerns regarding solid waste have been addressed. 5. The settling ponds shall be monitored and cleaned on an as needed basis. ch.rio 7 • .. 'z; ',?, ., • , ..;'.• s s i t 11;;1;,M1 1 $', . f tt s t *! S S i S 3 • < s f c� s ,, f t a t it r s} * t s ",.`,...M.: "„,:',-,.1i:;•••,. i :•,'s; ;;; ;, ,,:•••. '-'' 'M :" :,:: vc f f •. f. ... . � . . ... . . ...... r., 4ne..Vv,. I:iA.,. • -.... �..- ...... ...... a..�.r.. ...... f. r ....+(a.+... ♦. ... . ,' b�''Y�� Y ' `"� - }� pa «per 17 t 1 f,4:•-,•,1-6„:4,--.,4,43-,. c 3 i a 4r �,� • s ' g - f l't ' 4 K .iii > F F' i rat .,s. a;F :" 4 s 3 :. .. iiiiii i ce s i}• ? � MI r l f i :''' .. A , ; d ° `, _ F YY • : ws 3 R ` k S ,x,sL m � • ' : wt i:' S K V•PJJ" X,.• A NI 1 s k t 4 s t " f ar 2 i V _ . t2 f .. K R ' • • * , , • , - • ‘• ,e E,-' --- -,- . - V r : - , . .. . , . . . — * • " ' ' •'• • ,.....,..„ _ _ MC . 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' - " - - .."7. - -- - ..v. -., . - - :"'-' ... . % - - - - '.. .' '' .,. .,'"'■- n ' . . . s - 4... .. 4* -;!: . ' '' ..7... : : * • „. , . . ,•• ' ... .' . • . .. , .• MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager R,L /'I FROM: Cindy Houben and Tom Baker, Planning Office RE: Rio Grande Snow Melt Facility /SPA Amendment /Stream Margin Review - Public Hearing DATE: September 29, 1988 SUMMARY: The Planning Commission and the Planning Office recommend approval of the application with the modifications and conditions as listed in the recommendation. In addition, the Planning Commission strongly urges the City Council to go on a site visit in order to see why they made the recommendation to relocate the snow melter to the northwest corner of the impound lot embankment. The Planning Commission has taken final action on the Stream Margin portion of this application. APPLICANT: City of Aspen REQUEST: SPA Amendment approval for a Snow Melting Facility on the Rio Grande, Stream Margin Review for bank stabilization, and storm drainage modification. LOCATION: Rio Grande (Aspen One Property) ZONING: PUB /SPA DESCRIPTION OF THE PROPOSAL: The applicant requests the placement of a new snow melter facility and its associated snow storage and upgrading of an existing storm drainage system into the Roaring Fork River. These activities require a Stream Margin Review. In addition, bank stabilization on the east side of the Roaring Fork River and side channel dredging on the east side of the Rio Grande property require Stream Margin Review. Since the Rio Grande parcel is designated SPA, and since and SPA Plan has not been adopted yet for this site, existing conditions are considered to be the "Plan" for the property. An SPA Amendment must also be processed concurrently. This requires processing pursuant to the procedures for a "Final Development Plan ", which necessitates a public hearing by the Commission. The Engineering Department staff will be present at the meeting to answer any technical questions. It is proposed that the snow melter facility will release approximately 160 gallons per minute when snow is placed into the machine. The water will flow from the snow melter to the settling ponds through the existing ditch system. The applicants also propose to do work along and within the Roaring Fork River to improve the flood carrying capacity in the area of the Aspen One property. This is proposed for this year as well as subsequent years as needed. REFERRAL COMMENTS: 1. Engineering: The Engineering Department comments are in the attached memorandum by Elyse Elliott. Her comments have been summarized below. 1. The statement that there will not be an increase in the base flood elevation must be certified by a professional engineer. In a response from the Engineering Department they note that they will certify that the base flood elevation will not be increased by the activity. 2. The impacts of the modification to the ponds and storm drainage system on the trail system must be addressed. In a later memorandum from the Engineering Department, Jim Gibbard states that the 3 new settling ponds will have the capacity to handle ten times the flow produced by the snow melter facility, thus the trail will not be impacted by the ponds or the snow melting activity. 3. The stream channelization and bank stabilization should occur at low flow periods and revegetation of the banks should become a condition of approval. The Engineering Department responded to this concern by stating that the side channel will be done at a time of the year when the river is low (between October and April). 4. The approval is unclear with regard to potential pollution to the Roaring Fork River and the maintenance of the ponds. The Engineering Department responded by explaining that the drainage from the settling ponds will be changed from a location at the surface to a location beneath the surface. This will reduce the pollution of the river caused by the oil and grease on the surface of the ponds. The Engineering Department states that the ponds will be dredged periodically. 5. The application is unclear with regard to how the snow melt flows from the last pond to the river. 2 The Engineering Department response to this concern was that the water will be piped from the last pond to the river. 6. Prior to development, construction plans should be submitted to the Engineering Department which indicate that no pollution or erosion will result from the proposed construction techniques. The construction procedure will be supervised by the Engineering Department to insure that the work occurring near the river will cause minimal pollution. 2. Environmental Health: In a memorandum from Tom Dunlop of the Environmental Health Department the following concerns are noted: 1. AIR QUALITY: The steam generated will not cause any negative pollution to the air, however, odors could become a concern. There is no evidence as to whether or not this will occur therefore it may need to be dealt with after the equipment has been in operation for awhile. 2. WATER QUALITY: The recommendations outlined in the attached letter from Jon Kubic, Water Quality Control Division should be adhered to. The improvement of the settling ponds and installing an outfall that detains oil and grease is an important design feature. A process needs to be developed which will remove and dispose of the collected oil, grease and other objects as the melting takes place. 3. NOISE: It appears that the sound level will be between 70 -75 decibels at 50 feet. This is about as loud as a vacuum cleaner, 10 feet away. It is recommended that the design engineer for the snow melter company consult the City regarding the siting and methods of mitigating noise. The sound at 75 decibels has the potential to be very intrusive on the adjacent neighborhood. Landscaping and berming can help but will not totally mitigate the noise impacts. 4. SOLID WASTE: Solid waste handling should be a part of the system in order to prevent solid waste from entering the river or from blowing around the site. 3 STAFF COMMENTS: SNOW MELTER: 1. The most serious concern of the Planning Office is the location of the snow melter. We feel that the proposed location may impede future use of the site for development activities such as the arts usage. An alternative site which appears to meet all of the access needs and associated drainage needs of the snow melter facility is to the east of the access road entering the Aspen One property. This site, however, may present a greater noise disturbance to the neighbors to the east. The Planning Office, however, feels that if the snow storage pile is located between the snow melter and the river, it can act as a berm to help mitigate the noise impacts. If the snow melter facility is successful and additional machines are purchased then a permanent landscaping plan which would mitigate the noise impacts must be developed. 2. The Planning Office does not see a problem with the use of Rio Grande for staging area for Rip Rap and channel dredging. SPA REVIEW: Section 7 -804 B of the Code specifies the Review Standards for a Final SPA (or an amendment to an SPA). These are as follows: 1. STANDARD: Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. RESPONSE: In the staff's opinion the proposal complies with this criterion. The staff is concerned, however, that the snow melt aspect of the proposal could be improved with commitments for landscaping /revegetation of the snowdump site and commitments for screening the snow melt facility from view, especially during the summer season. 2. STANDARD: Whether sufficient public facilities and roads exist to service the proposed development. RESPONSE: In staff's opinion the proposal complies with this criterion because storm drainage and access are already in place. 3. STANDARD: Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. 4 RESPONSE: In staff's opinion the proposal complies with this criterion. 4. STANDARD: Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. RESPONSE: In staff's opinion the proposal complies with this criterion. Although the proposal complies with this criterion it is the staff's opinion that the applicant should explain why the snow melt facility should not be located near the impound lot. In the staff's opinion this location would allow the remainder of the site to be utilized more effectively for other community uses (arts usages). 5. STANDARD: Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. RESPONSE: The 1973 Land Use Plan calls for Public uses, open space and multi - family residential in this area. In staff's opinion the snow melt facility is a public use which enhances the prospects of providing the community with usable open space along the river. 6. STANDARD: Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. RESPONSE: This criterion does not apply because this is a public project. 7. STANDARD: Whether proposed development on slopes in excess of twenty percent (20 %) meet the slope reduction and density requirements of Sec. 7- 903(B)(2)(b). RESPONSE: This criterion does not apply because there is no development on slopes in excess of 20 %. 8. STANDARD: Whether there are sufficient GMQS allotments for the proposed development. RESPONSE: This criterion does not apply because it is an essential public facility which serves an essential public purpose, provides facilities in response to the demands for growth and serves the needs of the City. It should be exempt from GMQS pursuant to section 8 -104 C.1.b. 5 STREAM MARGIN REVIEW: The applicants are requesting Stream Margin Review for several activities (see attached map). These are: 1. Modification to the existing drainage system. 2. Addition of a settling pond. 3. Rip Rap on the east side of the Roaring Fork River for Bank stabilization. 4. Channelization of the Roaring Fork River along the east side of the Aspen One property. Section 7 -504 of the Code has the following review criteria for a Stream Margin Review: 1. STANDARD: It can be demonstrated that the proposed development will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an elevation certificate prepared by a professional engineer registered to practice in the State of Colorado. RESPONSE: This development will not increase the base flood elevation on this parcel. 2. STANDARD: Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks /Recreation /Open Space /Trails Plan map is dedicated for public use. RESPONSE: The Rio Grande Trail is within the development site and has been dedicated to public use. 3. STANDARD: The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. RESPONSE: Any recommendations of the Roaring Fork Greenway Plan will be implemented. 4. STANDARD: No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. RESPONSE: No vegetation will be removed or slope changes made that will produce erosion of the stream bank. 5. STANDARD: To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. 6 RESPONSE: All efforts will be made to reduce pollution and interference with the natural changes of the river, especially in the case of the dredging of the side channel. 6. STANDARD: Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. RESPONSE: Written notice will be given to the Colorado Water Conservation Board prior to the dredging of the side channel and a copy of this notice will be submitted to FEMA. 7. STANDARD: A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. RESPONSE: The purpose of the channel dredging is to improve the flood carrying capacity of the river in this area. 8. STANDARD: Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. RESPONSE: There will be no work done within the 100 year floodplain that will require federal or state permits. PLANNING COMMISSION RECOMMENDATION: Approval to allow the placement of the Snow Melter Facility on the Rio Grande, approval of Stream Margin Review to stabilize and channelize the Roaring Fork River along the Rio Grande property in order to increase the flood capacity, and Final SPA Amendment approval with conditions: 1. All representations of the applicant shall be conditions of approval. 2. The snow melter shall be excavated into the northwest corner of the impound lot (where the existing embankment is located). The snow storage area shall be located as far to the south as possible to reduce the noise and visual conflicts for the Oklahoma Flats neighborhood. 3. The City must come back within one year of the final approval to review the following issues: a. Future landscaping and noise control. 7 b. Operational concerns. c. Environmental Health review. d. Trail relocation to avoid conflicts between pedestrians and the snow melter operation. e. Ditch relocation. 4. Prior to the start up of the operation the Environmental Health Department shall verify that all their concerns regarding solid waste have been addressed. 5. The settling ponds shall be monitored and cleaned on an as needed basis. RECOMMENDED MOTION: "The City Council approves the placement of the Snow Melter Facility on the Rio Grande and Final SPA Amendment approval with conditions: 1. All representations of the applicant shall be �)�Vti conditions of approval. X1 (1'2. The snow melter shall be excavated into the northwest 1�I corner of the impound lot (where the existing embankment is located). The snow storage area shall be located as far to the south as possible to reduce the noise and visual conflicts for the Oklahoma Flats neighborhood. 3. The City must come back within one year of the final approval to review the following issues: a. Future landscaping and noise control. b. Operational concerns. c. Environmental Health review. d. Trail relocation to avoid conflicts between pedestrians and the snow melter operation. e. Ditch relocation. 4. Prior to the start up of the snow melter operation, the Environmental Health Department shall verify that all their concerns regarding solid waste have been addressed. 5. The settling ponds shall be monitored and cleaned on an as needed basis." 8 CITY MANAGER COMMENTS: ch.rio 9 ai 4 7 /, , , I I I .._�� if I • • ° I ° • I n �' W u • J 1.... W M 2� a 4,i J w I' • 0: t; ki ii r 9 60 �- Us I! 3 =• lb I)? .........e...............„ g __ _ V W i 3 a N. 4 e -rr /,------- ,..--d l <z K.::, \* ' w wsee'.:(: . 9 , Li( . (7 , n i yQ / o • 7 . . W ° O .., y � OO cc, a /� C N R A / a ° cc OW i -.are .. --.. — a 2 it /, 41, 61 .. 5. 4 4 , 1 / /77 r- - • r- - - - ''' - - - ..... " - ' - - - - —. - - . --------- 7 --- - - - - - — - ----- ------- — — --- 7 . V / .'s O N a N J 0 2 11j \ \is W' d u - �� of ° ^ c a a 0 °a h �� \\\ cZ W Z •.. W \ \ Nab \L. \ C F • 03 0 CC II. M I 4 '/ \ \ I- % a W j \ e • a N - / P ` - ° Yti W o 1 % ‘Th n .„,.,\c?„. W w J lig . \ Ili", 1 , / N W III i (1 W ://,,,/, ' Z e I a • ,,, E a 1 CO ( j i / 2 ,, 11 fi r < 0 ° w I . z , ....› i . • .. • , n , • ....... • .— - - -- - -- — — t- — fi b a f!. > 0 g; °m 1 4o` i o 2 -; 7 Z a V u - { 1 • Q . N 1 • u • 6 • _ Z _ 6 W . I . a _ Q e ' 1 ^. C• h i • /^' I 7 ��I! t I I • . 4y , ♦L v % `•, ,i tom // 4 ^ . r ■ • - < ,- 4 I A i " `• r . .,. " L/ fns. /i �� •... •.•.., . •. .,Y \ ,� p. 71^. 1 �. • 111 . /e t { '� .. •. ✓ - \' 1 , ,, is d { •r \ ` ` . re I 1 J - . A 14 ' ' t^ a 1 • •• _ r \ , ,fir. s >` i gt, ,�. - ti // '. . N ' a A 1 t r+ 't �Y N 4 I - ♦ t � N - iii � .✓• . • • K I � �j /l /, ♦ e / • I • , l +. < / . \ Y ' : / rL • l t, c �E r \ • j ; I. - t • '. Y..rHid .. .e CIT ASPEN 130 ypsa asp. a . t 64,10611 1 315- 254020 J August 11, 1988 Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, Colorado 81611 Ladies and Gentlemen: The City Engineering Department is requesting a Stream Margin Review, pursuant to Section 7 -504 of the Aspen Land Use Regula- tions of the Municipal Code, for the following projects: 1. The modification of one of the existing sedimentation ponds and the addition of another on the snow storage area located on the Aspen One property. This project results from the imple- mentation of a snow melter on this same property. At this time we do not anticipate the snow melter to be within 100 feet of the g high water line. 2. The dredging and removing of approximately 10 yards of material from the side channel of the river located on the north side of the Aspen One property to improve the flood carrying capacity of the river in this area. This is proposed for this year and for subsequent years as needed. 3. The construction of a berm on the Aspen One Property that will mitigate the noise produced by the proposed snow melter. Review criteria for this section of the Code is addressed by the following information: 1. This development will not increase the base flood elevation on this parcel. 2. The Rio Grande Trail is within the development site and has been dedicated to public use. 3. Any recommendations of the Roaring Fork Greenway Plan will be implemented. 4. No vegetation will be removed or slope grade changes made that will produce erosion of the stream bank. 5. All efforts will be made to reduce pollution and interference with the natural changes of the river, especially in the case of the dredging of the side channel. 6. Written notice will be given to the Colorado Water Conserva- tion Board prior to the dredging of the side channel and a copy of this notice will be submitted to FEMA. 7. The purpose of the channel dredging is to improve the flood carrying capacity of the river in this area. 8. There will be no work done within the 100 year floodplain that will require federal or state permits. This development has been subject to Stream Margin Review in the past. The Aspen Art Museum Stream Margin Review, which included the construction of the side channel which we propose to dredge, was approved by P &Z November 6, 1984. Enclosed also is a development plan pursuant to the requirements in Section 7 -504 of the Aspen Land Use Regulations of the Munici- pal Code. Also included is a survey showing boundaries of the entire Rio Grande property. Included on the development plan are the footprints of the performing arts tents which have been proposed. Their placement on this plan is intended to show that the snow melting facility will not conflict with their location. Also enclosed is a letter from the State Health Department in regard to snow melter discharge and use of snow melters. The Engineering Department intends to comply with the letter's request to monitor discharge once the snow melter is in place. Thank you very much. Sincerely, ) 144A C Jim Gibbard Engineering Department jg /AspenOne cc: Jay Hammond Chuck Roth MEMORANDUM TO: Cindy Houben, Planning Office FROM: Tom Baker, Planning Office RE: SPA Amendment for Snowmelt System on Rio Grande Site. DATE: August 23, 1988 PURPOSE: The purpose of this memo is to meet the application requirements for amending the Rio Grande SPA to develop a snowmelt system on the property. The section of the code which applies to this application is 7 -804 D 1, Final Development Plan. 1. Contents of Application a. General application information Name: City of Aspen Address: 130 S. Galena Street, Aspen, Colorado 81611 Telephone: 925 -2020 x216 Representative: Chuck Roth, Jim Gibbard, Engineering Department Legal description and disclosure of ownership are identified in attachment 1. City /County Land Exchange Agreement and easements are identified in attachment 2. 8 1/2 x 11 vicinity map is included as attachment 3. b. A precise plan of the proposed development, (see attachment 4). c. A statement specifying the underlying Zone District on the parcel. The underlying zoning for the Rio Grande site is Public. The purpose of the Public zone is to provide for the development of governmental and quasi - governmental facilities for cultural, educational, civic and other governmental purposes. Essential government and public utility uses, facilities, services and buildings are permitted uses in the Public zone. d. A statement outlining a development schedule specifying the date construction is proposed to be initiated and completed. Construction is expected to commence October 1 and end November 15, 1988. e. A statement specifying the public facilities that will be needed to accommodate the proposed development, and what specific assurances will be made to ensure that public facilities will be available to accommodate the proposed development. The snowmelt system will utilize the same equipment and facilities that the current snowdump operation uses: trucks, bulldozer, storm drainage system. In addition to this the snowmelt system will modify the storm drainage system which runs through the Rio Grande property. The existing detention ponds will be modified and one additional pond may be added to accommodate the needs of the snowmelt system. f. A statement of the reasonable conformance of the Final Development Plan with the approval granted to the Conceptual Development Plan and with the original intent of the City Council in designating the parcel Specially Planned Area (SPA). Although no Final Development Plan exists, the Aspen Planning and Zoning Commission Resolution No. 84 -9 states "...due to its (Rio Grande) being one of the last large undeveloped parcels in the downtown area, with proximity to many other key public properties, this parcel provides a unique opportunity to meet various public priorities benefitting the entire community. The intent of the SPA designation is to provide the design flexibility within which open space, cultural and transportation needs can be met through a plan which is sensitive to the Roaring Fork Greenway Plan and the desire for pedestrian and mass transit access to this site from the downtown area." It is the applicant's opinion that the snowmelt system will assist the City in meeting its goals for the Rio Grande property by eliminating the snowdump and confining the City's snow removal operation to a much reduced area. g. A plat which depicts the applicable information required by Sec. 7 -1004 (D) (1) (a) (3) and (D) (2) (a), (see attachment 5). `26 SPA4,vtlb 2 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy Houben, Planning Office RE: Rio Grande Snowmelt Facility /SPA Amendment /Stream Margin Review DATE: September 20, 1988 APPLICANT: City of Aspen REQUEST: SPA Amendment approval for a Snowmelting Facility on the Rio Grande, Stream Margin review for bank stabilization, and storm drainage modification. LOCATION: Rio Grande (Aspen One Property) ZONING: PUB /SPA DESCRIPTION OF THE PROPOSAL: The applicants' request the `j placement of a new snowmelter facility and its associated snow storage and upgrading of an existing storm drainage system into the Roa ing Fork River. These activities require a Stream Margin Review. In addition, bank stabilization on the east side of the Roaring Fork River and side channel dredging on the east side of the Rio Grande propert ��Z io SPECIFIC DESCRIPTION OF EACH PROJECT> REFERRAL COMMENTS: 1. Engineering: The Engineering Department comments are in the attached memorandum by Elyse Elliott. Her comments have been summarized below. 1. The statement that there will not be an increase in the base flood elevation must be certified by a professional engineer. 2. The impacts of the modification to the ponds and storm drainage system on the trail system must be addressed. 3. The stream channelization and bank stabilization should occur at low flow periods and revegetation of the banks should become a condition of approval. 4. The approval is unclear with regard to potential pollution to the Roaring Fork River and the maintenance of the ponds. 5. The application is unclear with regard to how the snow melt flows from the last pond to the river. 6. Prior to development, construction plans should be submitted to the Engineering Department which indicate that no pollution or erosion will result from the proposed construction techniques. 2. Environmental Health: In a memorandum from Tom Dunlop of the Environmental Health Department the following concerns are noted: 1. AIR QUALITY: The steam generated will not cause any negative pollution to the air, however, odors could become a concern. There is no evidence as to whether or not t#ts will occur therefore it Y need to be dealt with' \fter the equi has been in operation for awhil k 2. WATER QUALITY: The recommendations outlined in the attached letter from Jon Kubic, Water Quality Control Division should be adhered to. The improvement of the settling ponds and installing an outfall that detains oil and grease is an important design feature. A process needs to be developed which will remove and dispose of the collected oil, grease and other objects as the melting takes place. 3. NOISE: It appears that the -sound level will be between 70 -75 decibels at 50 feet. This is about as loud as a vacuum cleaner, 10 feet away. It is recommended that the design engineer for the snowmelter company consult the City regarding the siting and methods of mitigating noise. The sound at 75 decibels has the potential to be very intrusive on the adjacent neighborhood. Landscaping and berming can help but will not totally mitigate the noise impacts. 4. SOLID WASTE: Solid waste handling should be a part of the system in order to prevent solid waste from entering the river or from blowing around the site. 2 STAFF COMMENTS: 1. The location of the snowmelter may impede future use of the site for development activities such as the arts usage. 2. Conflict with neighbors to the east. 3. Operational questions /stdm pit /pipes to river /noise. 4. Use of Rio Grande for staging area for Rip Rap and channel dredging. RECOMMENDATION: Approval with conditions: s 1. Move snowmelter further to the east/, aa ' '40_ ie 2. The City must come back within one year of the final '� 4 � ; approval to review the following issues: :7 a. Future landscaping and noise control. b. Operational concerns. t fr c. Environmental Health review. 3. Prior to operation the Environmental Health Department shall verify that 11 their concex s regarding solid waste ' katt-- K fLt� 4 3 CIT . ' ; F, PEN 130 � ' '$ ' reet m asp � — at .1611 3 August 26, 1988 Planning Office City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Attn: Cindy Houben Dear Cindy: This is in response to Elyse's memo of August 17, 1988 concerning the Rio Grande Snow Melter Stream Margin Review. I would like to address her comments in this memo in the following manner: 1. Chuck Roth will respond regarding the question about the certification by a professional engineer that the base flood elevation will not be raised by this development. 2. The three new settling ponds will have the capacity to handle ten times the flow produced by the Snow Melter facility so the existing trail will not be affected. The Snow Melter will release 160 gallons per minute and will release only when snow has been dumped into it. The water will flow from the snow melter to the settling ponds through the existing ditch. No new bridges will have to be built. 3. Whether or not this plan conforms with the Roaring Fork Greenway Plan will need to be confirmed by the Planning Office. 4. Any revegetation that needs to be done will be done according to the Roaring Fork Greenway Plan. 5. Drainage from the settling ponds will be changed from a location at the surface to a location beneath the surface. This will reduce the pollution of the river caused by the oil and grease on the surface of the ponds. The ponds will be dredged periodically. It has been decided that the construction of the berm will not be proposed at this time. It is not known whether or not the four settling ponds will be necessary but they are proposed in the event that they will be. Transport of water from the last pond to the river will be by pipe. Construction procedure will be supervised by the Engineering Department to insure that any work close to the river will cause minimal pollution. If you have any other questions, please see me. S� im e�rely, Gibbard Engineering Department jg /snowmelt cc: Jay Hammond Chuck Roth CITY „OF ASPEN 130 galena Street asp , lorado 81611 3 '3`925-2020 September 15, 1988 Planning Office City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Attn: Cindy Houben Dear Cindy: This is another response to Elyse's memo of August 17, 1988 concerning the Rio Grande Snow Melter Stream Margin Review. I did not address all of her comments in this memo in my previous letter of August 26 and would like to do so with the following comments: 1. The dredging of the side channel will be done at a time of year when the river is low. We anticipate this to be done sometime between October and April. W 2. The snow melter facility, including the snow melter, the settling ponds and the snow storage area, is not located within the special flood hazard area and therefore is not subject to the Code requirement that the base flood elevation not be raised. The dredging of the side channel is, however, in the special flood hazard area but the Engineering Department certifies that the base flood elevation will not be raised. If you have any other questions, please see me. Since el ; Jim Gibbard Engineering Department jg /snowmltl cc: Jay Hammond Chuck Roth Elyse Elliott MEMORANDUM To: Cindy Houben, Planning Office From: Elyse Elliott, Engineering Department Date: September 15, 1988 Re: Rio Grande Snowmelter Stream Margin Review Jim Gibbard and Chuck Roth, applicants for this project, have adequately addressed my concerns for this project that I expressed in my memo of August 17,1988. Therefore, I now have no problem with this application. ATTACHMENT 1 f ' • i. .' ✓ LAND USE APPLICATION FORM 1988 1) Project Name 51411 L., KC( ter Fac I I (` 1 2) Project Location 91;T) G rtst)t pro perTr (indicate street address, lot & block number, legal description where appropriate) 3) Present Zoning P u Q 1/ (5 P4) 4) Lot Size 5) Applicant's Name, A d d r E e S & P h o n e # C i l r � y 0 f A5 p e /A 0 130 t e s t a n / A5peci Cok raJo $ I ;Di ( `7i i - ?O JO 6) Representative's Name, Address & Phone # ' G` b b a r d C:13 a T /30 5. 4 Tie i `1a di d ext. / 7) Type of Application (please check all that apply): Conditional Use _ Conceptual SPA _ Conceptual Historic Dev. Special Review _ Final SPA _ Final Historic Dev. 8040 Greenline _ Conceptual POD _ Minor Historic Dev. Stream Margin _ Final IUD _ Historic Demolition Mountain.Vlew Plane _ Subdivision _ Historic Designation Condani.niumi nation _ Text/Map Amendment _ G%$ Allotment _ art Split /Iot Line _ CMS Tho mptsai Adjustment 8) Description of Existing Uses (number and type of existing structures; approximate sq. ft.; number of bedrooms; any previous approvals granted to the Ply) . 1 J etc U . , A u Nt . b 1 C r c . rt , Q a . 0 r a r +h e c._ - r 9) Description of Development Awlicaticn / S ;W V 1-r. J Pac' [ ' 15 : Sect<<ac...1a ( pciLo{ s berg. - 14A (15c ecio(� oie cka ei fired y ew 10) Have you attached the following? Resp0ase to Attachment 2, Minimm Submission Contents Response to Attachment 3, Specific Sutmissicn Contents Response to Attachment 4, Review Standards for Your Application STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH Ao p F•CO 4210 Lot 11th Avenue N e aci Denver, Colorado 80220 4` n I Phone (303) 320-8333 r8 . Roy Romer Gove rnur April 5, 1988 1hun,a, M Vernon M Executive D'reaoi Chuck Roth, Assistant City Engineer CERTIFIED MAIL NO: P670 159 341 City of Aspen 130 South Galena Street Aspen, CO 81611 RE: Snow Dumping City of Aspen Pitkin County Dear Mr. Roth: The use of snow melters would not violate our regulations. It would affect water quantity, but probably not water quality. Our concern is whether the effluent from the snow melting pollutes the river. Such discharges appear to be covered under section 405 of the Federal Clean Water Act, as amended in 1987. This section states that, other than excepted, a permit for storm water point source discharges shall not be required until 1992. Part (2)(E) states that a permit may immediately be required where "the stormwater discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants ". We suspect that discharges from this site may fall under this section. But, we request the City to perform effluent monitoring to confirm or deny this. We request that weekly monitoring for pH, total suspended solids, total dissolved solids and oil & grease be performed during the current snow melting season, until such time as discharges cease. Such data should be submitted monthly to this office. We will evaluate this information to determine if a permit will be required and/or whether further monitoring will be necessary next season. Additionally, as discussed in our April 4, 1988, telephone call, we ask that you consider performing a demonstration project at the site. Such a project would consist of evaluating the treatment facilities, determining what changes would improve the effluent quality (improving settling, installing an outfall pipe that prevents large objects from being discharged and that eliminates discharge of oil & grease, etc.), and possibly implementing such changes. An obvious advantage is that if such changes cause the facility to cease being a significant contributor of pollution, a permit would not immediately be required. And, the site would be an example for other cities. Chuck Roth, City of Aspen Page 2 Please feel free to contact me at 331 -4752 if you have questions. We would be happy to meet with you to discuss any proposed changes or evaluate the results of such changes. Sincerely, Jon C. Kubic Engineering Technician Permits and Enforcement Section WATER QUALITY CONTROL DIVISION xc: John Blair, Field Support Section, WQCD Local Health Department Title USA Insurance Corporation - ATTACHMENT 1 Commitment for Title Insurance Title USA Insurance Corporation, Dallas, Texas, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor, all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. �� TITLE This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of issuance of this Commitment or by subsequent endorsement. �� UIJL l This Commitment Is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Title USA Insurance Corporation has caused this Commitment o be signed and scaled as of the effective date of Commitment shown in Schedule A. Title USA Insurance Corporation 14 Presidmrt & Chief Executive er kill .41 ( �i L - 111 pANC.Ee _ Attest' semen. ,L SEAL f . l °_ 1 0 Anhoneed Countersignature • I AMERICAN I AND TITLE ASSOCIA TION COMMITMENT TO IN SURE 1971 Prepared for: CC's t0: Mr. Chuck Roth Mr. Chuck Roth City of Aspen SCHEDULE A 130 South Galena Aspen, Colorado 81611 Customer Reference: Rio Grande Subdivision In(1:nries should bo din:stied CF No- 400187 -C to Donald D. Veltch nl /nl 1 Effective date August 10, 1988 at 7:00 A.M. 2. Policy 01 Policie< he issued kr rc:;n � ia: ALTA Owners Policy -- Fnrm Proposed Insured: TO BE DETERMINED (o) ALTA Standard Loan Policy. Coverage - 19%0 5 Proposed Insured. 3 The estate or Interest i n the land described or referred to in this Comm and cnvered herein :. L. The to sa estate or interest in said land is at the e date hereof vested in: THE CITY OF ASPEN, COLORADO, a Colorado municipal corporation 5. The land referred to in this Commitment is located in the County of Pi tkIn State of Colorado and described as follows: LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. Owner's Premium: $ Lender's Premium: $ Add'I Charges: $ Tax Certificate: $ TOTAL CHARGES: $ AMERICAN LAND TITLE ASSOCIATION COPYRIGHT 1071 (REV.) SCHEDULE A - continued Order No. 400187 -C Plat I.D. No. Covering the Land in the State of Colorado, County of Pitkin Described as: PARCEL A: A tract of land situated in the Southwest one - quarter (SW1 /4) of Section 7, Township 10 South, Range 84 West of the 6th P.M., described as follows: Beginning at a point at the East side of Mill Street whence the West one - quarter corner of said Section 7 bears N 38 °06'14" W, 1542.42 feet; thence S 56 °06'43" E, 120.33 feet; thence N 33 °53'35" E, 78.32 feet; thence S 75 °51'14" E, 67.25 feet; thence N 84 °34'25" E, 121.34 feet; thence N 81 °39'30" E, 35.44 feet; thence S 00 °17'28" W, 130.87 feet; thence S 89 °28'55" E, 184.09 feet; thence S 00 °58'09" W, 109.72 feet; thence N 16 °34'56" E, 9.37 feet; thence S 74 °37'51" E, 141.49 feet; thence S 09 °26'26" E, 412.25 feet; thence S 43 °10'38" E, 89.04 feet; thence 233.41 feet along the arc of a curve to the left having a radius of 309.26 feet and a chord which bears S 64 °56'02" E, 227.91 feet; thence S 03 °22'00" W, 100.08 feet; thence 309.38 feet along the arc of a curve to the right having a radius of 409.34 feet and a chord which bears N 64 °54'19" W, 302.07 feet; thence N 44 °54 W, 66.04 feet; thence N 75 °12'56" W, 15.86 feet; thence N 75 °11'28" W, 25.48 feet; thence N 16 °49'23" E, 83.76 feet; thence N 73 °19'31" W, 271.88 feet; thence S 16 °37'11" W, 90.78 feet; thence N 57 °36'26" W, 10.54 feet; thence S 84 °21'32" W, 164.64 feet; thence N 87 °31'46" W, 88.97 feet; thence S 14 °26'08" W, 75.82 feet; thence N 43 °12'17" W, 408.87 feet; thence N 19 °50'59" E, 495.73 feet to the Point of Beginning. PARCEL B: A tract of land situated in the NE1 /4SW1/4 of Section 7, Township 10 South, Range 84 West of the 6th P.M., lying Northerly of the Southerly line of said NE1 /4SW1/4, Easterly of the Westerly line of said NE1/4SW1/4, and Southwesterly of the center of the Roaring Fork River, described as follows: (Continued) Commitment No. 400187 -C LEGAL DESCRIPTION - continued Beginning at the center of the SW1 /4 of said Section 7, said point being the same as the Southwest corner of said NE1 /4SW1 /4; Thence N 01 °04'30" East, 151.71 feet along the Westerly line of said NE1 /4SW1 /4 to a point in the center of said River; thence along the centerline of said River the following courses and distances: N 75 °05' West, 76.38 feet; N 78 °55' East, 60.15 feet; N 59 °50' East, 94.23 feet; S 78 °23' East, 80.35 feet; S 12'33' East, 27.94 feet; S 10 °27.30' West 42.16 feet; S 17 °20' East, 48.35 feet; S 37 °49' East, 43.34 feet; S 39 °48' East, 86.36 feet to a point on the Southerly line of said NE1 /4SW1 /4; thence N 89 °45'50" West, 390.65 feet along the Southerly line of said NE1 /4SW1/4 to the Southwest corner of said NE1 /4SW1 /4, the Point of Beginning, EXCEPT a tract of land in the NE1 /4SW1/4 of said Section 7 more particulary described as follows: Beginning at a survey monument marked 0 -13, which is located at the intersection of the South line of the NE1 /4SW1/4 of said Section 7, with the line described in the Deed from John R. Williams to The Hallam Land Company dated March 26, 1877, and recorded at Reception No. 18598 of the records in the office of the Clerk and Recorder for Pitkin County, Colorado, which point is 37.614 feet Easterly of the center of the SW1 /4 of said Section 7; thence N 0 °11'44" East to the center of the Roaring Fork River; thence Westerly, along the centerline of said Roaring Fork River, to the West line of the NE1 /4SW1 /4 of said Section 7; thence Southerly, along the West line of the NE1 /4SW1 /4 of said Section 7, to the center of the SW1 /4 of said Section 7; thence S 89 °30'31" East, 37.614 feet to the Point of Beginning. PARCEL C: Lots A through E, inclusive, Block 86, ORIGINAL ASPEN TOWNSITE, City of Aspen. PARCEL D: That part of the SW1 /4 of the SW1 /4 of Section 7, Township 10 South, Range 84 West of the 6th P.M., described as follows: (Continued) Commitment No. 400187 -C LEGAL DESCRIPTION - continued Beginning at the Northwest corner of Lot A, Block 86, Original Aspen Townsite, City of Aspen; thence N 14 °50'49° E, along the extended Easterly line of Mill Street, 65.68 feet; thence S 75 °09'11 "E, 135.6 feet, more or less, to a point on the line between Corners 4 and 5 of the Original Aspn Townsite; thence S 43 °13'20" E, along said Townsite line, 46.53 feet; thence S 14 °50'49" W, 41.18 feet, more or less, to the Northerly line of Lot F of said Block 86; thence N 75 °09'11" W, along the Northerly lines of Lots F to A of said Block 86, a distance of 175 feet, more or less to the Foint of Beginning; EXCEPT that part of the SW1 /4 of the SW1 /4 of said Section 7 described as fol lows: Beginning at a point from whence the Northwest corner of Lot A, Block 86, City and Townsite of Aspen bears S 14 °50'49" W, 63.68 feet, which point is on the extended Easterly line of Mill Street; thence S 75 °09'11" E, 142 feet, more or less, to a point on the line between Corners 4 and 5 of the Aspen Townsite; thence N 43 °13'20" W, along said Townsite line, 4.0 feet, more or less, to the Easterly corner of the property described in the Warranty Deed from Harold Pabst to Everett J. Bondhus and Christina Bondhus recorded January 20, 1972, in Book 260 at Page 896 of the records in the office of the Clerk and Recorder for Pitkin County, Colorado; thence N 75 °09'11" W, 138.65 feet, more or less, to the extended Easterly line of Mill Street; thence S 14 °50'49" W, 2.0 feet to the Point of Beginning. PARCEL E: Those portions of Lots F, G, H and I, Block 86, ORIGINAL ASPEN TOWNSITE, Tying Southerly of Line 4 -5 of the City and Townsite of Aspen, and lying Easterly of the Easterly line of the real property described in that certain Decree entered by the District Court in and for Pitkin County, Colorado in that certain action entitled "James E. Moore, Plaintiff, vs. Adele Babey, et al., Defendants ", and recorded March 4, 1966, in Book 219 at Page 279 of the records in the office of the Clerk and Recorder for Fitkiri County, Colorado. PARCEL F: That part of Bleeker Street lying Northerly of Lots F, G, H and 1 in Block 86, CITY AND ORIGINAL TOWNSITE OF ASPEN, lying Southerly of Line 4 -5 of the City and Townsite of Aspen, and lying Easterly of the Easterly line of the real property described in that certain Decree entered by the District Court in and for Pitkin (Continued) • Commitment No. 400187 -C LEGAL DESCRIPTION - continued County, Colorado in that certain action entitled "James E. Moore, Plaintiff, vs. Adele Babey, et al., Defendants, ", and recorded March 4, 1966, in Book 219 at Page 279 of the records in the office of the Clerk and Recorder for Pitkin County, Colorado. PARCEL G: A tract or parcel of land within the SE1 /4SW1/4 of Section 7, Township 10 South, Range 84 West of the 6th P.M., more particularly described as follows: Commencing at the SW corner of said NE1 /4SW1/4 of Section 7, as established by Cutshaw 1888 Survey; thence S 89 °30'31" E along the South line thereof, 222.014 feet to the TRUE POINT OF BEGINNING, said point also being identified and located by Brass Cap Monument M -S -M (i.e., Meurer, Serafini, Meurer) "0 -36 "; thence S 00 °51'26" W along said East line of the SW1 /4 of said Section 7 per Kimberly 1882 (cancelled) Survey and along the East line of Depot ground patent dated February 6, 1888, a distance of 109.669 feet to a point of intersection with the Westerly line of the Castle Creek Mill Site Claim (U.S. Mineral Survey No. 4097) and a Brass Cap Monument M-S -M "0 -42 "; thence N 16 °40'00" E along said Westerly Mill Site line a distance of 9.381 feet to the NW corner of said Castle Creek Mill Site Claim and a Brass Cap Monument BLM 34; thence S 74 °34'44" E a distance of 141.300 feet to the Northwest Corner of the Castle Creek Mill Site Claim to a Brass Cap Monument LM 3 -6; thence S 09 °21'00" E along the East line of Castle Creek Mill Site Claim a distance of 168.88 feet; thence N 80 °39'00" E a distance of 55.44 feet to the centerline of the Roaring Fork River; thence the following courses and distances along the centerline of said Roaring Fork River: N 19 °22'00" E a distance of 41.56 feet; N 07 °44'00" W a distance of 202.25 feet; N 30 °29'00" W a distance of 63 feet, more or less, to a point in said South line of the NE1 /4SW1 /4 of Section 7; thence N 89 ° 30'31" W along South line 175.60 feet, more or less, to the TRUE POINT OF BEGINNING. SCHEDULE B -I No. 400187 -C I. The following are the requirements to be complied with: 1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly tiled for record. 2. Payment of the consideration for the estate or interest to be insured. 3. Payment of all taxes. charges, assessments, levied and assessed against subject premises, which aro due and payable. 4 Satisfactory evidence should be had that improvements and 'or repairs or alterations thereto are completed that contractor, subcontractors labor and materialmen are all paid. 5. Release by the Public Trustee of Pitkin County of the Deed of Trust from The City of Aspen for the use of Charles G. Weaver, to secure $110,000.00, dated December 29, 1978, and recorded January 5, 1979, in Book 361 at Page 74. 6. Release by the Public Trustee of Pitkin County of the Deed of Trust from City of Aspen for the use of Richard J. Meeker, to secure $110,000.00, dated December 29, 1978, and recorded January 5, 1979, in Book 361 at Page 77. 7. Release by the Public Trustee of Pitkin County of the Deed of Trust from The City of Aspen for the use of John Villari, to secure $210,815.00, dated December 29, 1978, and recorded January 5, 1979, in Book 361 at Page 80. 8. Release by the Public Trustee of Pitkin County of the Deed of Trust from The City of Aspn for the use of R. P. Fitzgerald, to secure $119,185.00, dated December 29, 1978, and recorded January 5, 1979, in Book 361 at Page 83. NOTE: The Deeds of Trust identified in Requirements No. 5 through 8 above encumber Parcel B. 9. Deed from The City of Aspen, Colorado, a Colorado municipal corporation, to a grantee or grantees to be determined. 10. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer tax" imposed by Ordinance No. 20, (Series of 1979), of the City of Aspen, Colorado has been paid, and that the lien imposed by Paragraph 9 thereof has been fully satisfied, or (b) that a Certificate of Exemption has been issued pursuant to Section 7 thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. (Continued) • Commitment No. 400187 -C REQUIREMENTS - continued THE ATTENTION OF THE APPLICANT IS DIRECTED TO THE FACT THAT THE LEGAL DESCRIPTIONS FOR PARCELS A, B AND G OFTEN FAIL TO PROPERLY TIE TO THE BOUNDARY LINES OF A NUMBER OF OTHER PARCELS IWEDIATELY ADJACENT THERETO, AND THAT SUCH OTHER PARCELS APPEAR TO HAVE "PARAMOUNT TITLE" OVER PARCELS A, B AND G. SUCH OTHER PARCELS INCLUDE, BUT MAY NOT BE LIMITED TO, THOSE COMMONLY KNOWN OR REFERRED TO AS THE "OBERMEYER ", "PUSTOLKA ", AND "McFARLIN 8 ANDREWS" PARCELS IDENTIFIED ON ONE OF THE MAPS PROVIDED BY THE APPLICANT, AND RECORDED IN BOOK 249 AT PAGE 378, BOCK 198 AT PAGE 351, BOOK 342 AT PAGE 720, AND BOOK 317 AT PAGE 186. HENCE, THE APPLICANT CANNOT BE ASSURED THAT THERE ARE NO "GAPS" OR "OVERLAPS" BETWEEN THE LEGAL DESCRIPTIONS FOR PARCELS A, B AND G, ON THE ONE HAND, AND SUCH OTHER PARCELS, ON THE OTHER HAND. IT IS SUGGESTED THAT THE APPLICANT AND REPRESENTATIVES OF THE COMPANY OR ITS DULY AUTHORIZED AGENT FEET FOR THE PURPOSE OF REVIEWING ANY ADDITIONAL MAPS AND SURVEYS THAT MIGHT BE IN THE POSSESSION OF THE APPLICANT, ALL FOR THE PURPOSE OF RESOLVING THIS SITUATION. SCHEDULE 6 -11 Order No. 400187 -C II. Schedule 8 of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: I. Rights or claims of parties in possession not shown by the public records. • Easements or claims of easements, not shown by the public records. 3_ Discrepancies, conflicts in boundary lines, shortage In area. encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. Any hen, or right to a lien. for services. labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records. 5. Detects, hens. encumbrances, adverse claims of other matters, if any. created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for saline the estate or interest or mortgage thereon covered by this Commitment. Exceptions numbered _____are hereby omitted. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Any veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, claimed or known ti exist within the above described premises as of November 23, 1891, as reserved in United States Patent recorded December 12, 1900, in Book 39 at Page 136. (Affects those portions of subject property lying within the Tracts "A" and "B" of the Lux Placer Mining Claim, U.S. Mineral Survey No. 6786) 8. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded December 12, 1900, in Book 39 at Page 136; June 8, 1888, in Book 55 at Page 2; and December 24, 1902, in Book 55 at Page 116. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 29, 1958, in Book 185 at Pag 69. 10. Easement and right of way for highway purposes, as granted by The Denver and Rio Grande Western Railroad Company, a Delaware corporation, to Pitkin County, Colorado, a political subdivision of the State of Colorado, by the instrument recorded August 21, 1953, in Book 180 at Page 182. 11. Easement and right of way to construct, operate and maintain water lines, as granted by The Denver and Rio Grande Western Railroad Company, a Delaware corporation, to The City of Aspen, a municipal corporation, by the instrument recorded July 11, 1969, in Book 241 at Page 987, 12. License that permits the construction, maintenance and use of a private way or private ways, as granted by The Denver and Rio Grande Western Railroad Company, a Delaware corporation, to Grant and Company, a Colorado corporation, by the instrument recorded (Continued) Commitment No.400187 -C EXCEPTIONS - continued January 14, 1971, in Book 253 at Page 107, said license being 20.00 feet in width and lying over and across the following described portion of the SW1 /4 of Section 7, Township 10 South, Range 84 West of the 6th P.M. : Beginning in the easterly line of Mill Street northerly of said Licensor's I.C.C. Track No. 32 -Rv, opposite Mile Post 401 plus about 1560 feet; thence southeasterly parallel with said track and on curve to left to a point in said Licensor's northerly property line opposite Mile Post 401 plus about 2010 feet, as shown in yellow on the attached map No. A -233. 13. All right, title and interest in and to said and located at a depth below five hundred feet (500') beneath the surface and including those portions of any and all minerals and veins, lodes or ledges which occur below such depth, as well as the downward or lateral extension of such veins, lodes or leges from below such depth, the tops or apexes of whilch lie inside the surface boundary lines of said parcels of land, as reserved by Top of Aspen, Inc., a Colorado corporation, in the Quit Claim Deed to the County of Pitkin, State of Colorado, recorded February 8, 1971, in Book 253 at Page 604. 14. Easement and right of way for sewer purposes in favor of Klaus F. Obermeyer, as evidenced in (a) that certain Agreement between James R. Trueman & Company, an Ohio corporation, and The City of Aspen, Colorado, a municipal corporation, recorded April 6, 1973, in Book 274 at Page 381, and (b) that certain Warranty Deed from James R. Trueman to The City of Aspen, Colorado, a municipal corporation, recorded September 17, 1973, in Book 279 at Page 745. 15. Easement and right of way for access purposes in favor of The Aspen One Company, as evidenced in (a) that certain Agreement between James R. Trueman & Company, an Ohio corporation, and The City of Aspen, Colorado, a municipal corporation, recorded April 6, 1973, in Book 274 at Page 381, and (b) that certain Warranty Deed from James R. Trueman to The City of Aspen, Colorado, a municipal corporation, recorded September 17, 1973, in Book 279 at Page 745. 16. Deed of Trust from the County of Pitkin, State of Colorado, acting by and through its Board of County Commissioners, to the Public Trustee of Pitkin County for the use of Robert R. Oden, M.D. and Nancy C. Oden, to secure $190,000.00, dated October 9, 1975, and recorded October 10, 1975, in Book 304 at Page 64. (Affects Parcels C and D) 17. Assumption of Note and Deed of Trust by the City of Aspen, Colorado. a Colorado municipal corporation, recorded September 1, 1982, in Book 432 at Page 106, and given in connection with the above Deed of Trust. (Continued) Commitment No.400187 -C EXCEPTIONS - continued 18. The effect of that certain letter from the City of Aspen to Joseph E. Edwards, Jr., Chairman of the Board of County Commissioners of Pitkin County, Colorado, recorded August 27, 1976, in Book 315 at Page 911, and any and all easements, rights of way and /or licenses for underground pipelines and open ditches evidenced therein. 19. Agreement between the City of Aspen, Colorado and Roy Vroom and Stephen Marcus recorded September 6, 1976, in Book 316 at Page 247, and the license to encroach established thereby. 20. Easement and right of way for the installation, operation, maintenance and replacement of underground sanitary sewer facilities and their appurtenances, as granted by The City of Aspen to Aspen Metropolitan Sanitation District by the instrument recorded October _, 1976, in Book 357 at Page 126. 21. License Agreement between the City of Aspen, Colorado and the Board of County Commissioners of Pitkin County, Colorado recorded May 21, 1980, in Book 389 at Page 170. 22. Land Exchange Agreement between The City of Aspen, Colorado and The Board of County Commissioners of Pitkin County, Colorado recorded May 10, 1982, in Book 426 at Page 249. 23. Easement and right of way to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, as granted by The County of Pitkin to Holy Cross Electric Association, Inc. by the instrument recorded May 18, 1982, in Book 426 at Page 598. 24. Easement and right of way to construct, reconstruct, repair, change, enlarge, rephase, operate and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, as granted by The County of Pitkin to Holy Cross Electric Association, Inc. by the instrument recorded May 18, 1982, in Book 426 at Page 599. 25. Restrictions, which do contain a forfeiture or reverter clause, as contained in the Deeds from the Board of County Commissioners of the County of Pitkin, Colorado to the City of Aspen, Colorado, a municipal corporation, recorded September 1, 1982, in Book 432 at Page 102, and September 3, 1982, in Book 432 at Pages 117 and 186, providing substantially as fol lows: "The purpose of this grant is to facilitate the construction of a performing arts center in accordance with the City's Rio Grande Master (Continued) Commitment No.400187 -C EXCEPTIONS - continued Plan, as it may be revised from time to time. In the event that such a center is not constructed by April 12, 1992, the above- described real proeprty shall revert to the County." 26. Encroachment Agreement between the City of Aspen and David L. Pustolka recorded January 27, 1986, in Book 504 at Page 61. 27. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the riverbed location by other than natural causes, or alteration through accretion, reliction, erosion or evulsion of the center thread, bank, channel or flow of the waters in the Roaring Fork River lying within subject land; and any question as to the location of such center thread, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records in the office of the Clerk and Recorder for Pltkin County, Colorado, accurately locating past or present locations of the center thread, bank, bed or channel of the above river or indicating any alterations of the same as from time to time may have occured. 28. Any rights, interests or easements in favor of the State of Colorado, the United States of America, or the general public, which exist or are claimed ?? to exist in, over, under and /or across the waters and present and past bed and banks of the Roaring Fork River. 29. Any and all unredeemed tax sales. NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception will not appear on the policies_ to be issued hereunder. THANK YOU FOR YOUR ORDER! If you have any Inquiries, please direct them to: ASPEN TITLE CORPORATION EAGLE COUNTY TITLE CORPORATION 600 E. Hopkins Avenue 8102 953 S. Frontage Road 11100 Aspen, Colorado 81611 Vail, Colorado 81657 Local - 920 -4050 Local - 476 -6423 Denver Direct - 595 -8463 Denver Direct - 572 -1490 SUMMIT COUNTY ABSTRACT COMPANY THE TITLE COMPANY, INC. 108 N. Ridge Street 523 Zerex Breckenridge, Colorado 80424 Fraser, Colorado 80442 Local - 453 -6120 Local - 726 -8077 Denver Direct - 629 -6096 Denver Direct - 892 -1903 CONDITIONS AND STIPULATIONS 1 T he term mortgage."" when used herein. shall include deed of trust trust deed ur other security Instrument. 2 If the proposed Insured has or acquires actual knowledge of any defect, lien encumbrance. adverse claim or at her matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge_ If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance. adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule 8, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment_ In no event shall such liability exceed the amount stated In Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4 Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. A' TACHMENT 2 (] � ', 1/ 'Li 241170 a • LAND EXCHANGE AGREEMENT 103°TTL GINNER 17(42) PITKIH�CT'. RECORDER - - THIS AGRLEMENT made and entered into chill* tt4 W��i LL -;. '+ ' April, 1982, by and between THE CITY OF ASPEN, COLORADO P '; %:T /.: .:7 .. ,.• -: (hereinafter "City ") and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO (hereinafter "County"). W I T N E S S E T H 1 ' • WHEREAS, the City and County wish to exchange lands aLs for the purpose of facilitating the construction of certain rb r - public improvements all as more fully described herein, - NOW, THEREFORE, in consideration of the mutual benefits 2 /-1 �..� to be derived herefrom, it i■ agreed by the parties hereto �` ' as follows: 1. The City will convey by warranty y y y general warrant deed Y ,. • a to the County a tract of land (hereinafter "jail property ") -�r� ;;• situate in Section 7, Township 10 South, Range 84 Mast of •" 3 *. the 6th P.M., Pitkin County, Colorado, being more fully • te t ` kt, described as follows: s 0'9 + i1• ;?., Beginning at a point whence the southwest corner ;;,t ., .. o! kot K, B1ocY. 92, City of Aspen, Colorado, bears - - 814 55'44" W 240.06 feet. Thence N14 ° 50'49E, 55.57 feet) Thence 875 ° 09'11 "E,180.57 feet; +� ft, Thence 884 ° 34'00 "W, 115.55 feet; • Thence N87 ° 17'00W. 73.83 feet; s To the point of beginning containing 5,621 square feet +. ° y more or less. This grant shall be specifically conditioned upon, -4 (a) Subdivision approval in compliance with the _ . so ` - subdivision regulations of tha Cii.y of Aspen within a period of one hundred eighty (180) .,.: days of the date of this agreement. In this regard, the City agrees to f r 9 y g prepare and submit the necessary applications for subdivision approval { .r and to request the Aspen Planning and Zoning Commission to consiAer th sam on April 21, 1982. 4 -gip, L. _.. - , . L. 4 , 1 , „ -•.:: .fp Y., : � azIa 42E; r, . 250 r,- :. . (b) A rezoning of the entire jail site to P- Public - 1 and approval of the jail facility in connection - - . f ry: - therewith. ? ic) Compliance with Section 13.4 of the City of _ _M ♦ Aspen Charter to the extent that the requirements r >3f = q` of said section may be deemed applicable to - _s .. , ,c- , k. this conveyance. In this regard, it is the f{' r% opinion of both the City and the County that ' " 4. the aforesaid parcel is not "currently in use s. for a public purpose" necessitating the approval r - - z of a majority of the electors voting th'reon s -. prior to the conveyance. However, in the event = 6 it is determined that a vote is so required, 4 4 the County agrees to underwrite the expens,:s r n ,,. i of such election. ff.% Z [' 2. In connection with the conveyance of the aforesaid ` "jail property ", the City agrees that it will vacate that I -- . portion roadway reserved in the deed of record at 0,4 ; ortion of the roadd S . 1... Book 193, Page 320 of the records of the Pitkin County Clerk ' 999 i ' and Recorder as the same crosses the jail property. A f; ? -- < ari` a petition to vacate has been submitted by the Boarc ® "- simultaneously with the execution of this agreement. - .. 9 , r' 3. The City further agrees that it will incorporate 9 ty i t in the SPA plan for the Rio Grande property an area - t,. - s: • g sufficient and appropriate for future County office space; . - L� r and, further, that the land so designated will on request, t , r. be conveyed to the County without additional consideration. t 1 "'- ��c : This provision shall be effective for the life of the I .4 p survivor of the present Board of County Commissioners = t `'Il plus twenty -one (21) years. i _ - ' � rvt i 4. In consideration for the above, the County will: {i , , (a) Convoy by special warranty deed to the i:la` K City or its designee a Lract of land c- .nsiscing _ ?,' of ;pproxlmately 13,000 square fret west of the a" :rh .01.: -':sl `1 2 _ j a .'� - 3i � r -• �_. • e , _ . _ - - - F1.4%426 ,1 1251 Os f !' _ Courthouse commcu ly known as the "stable property ". h< The purrocn of the grant is to facilitate the -_ �;•' construction of a performing arts center and it „a� is specifically understood and agreed that in the event . :r{ - ;17,7; the center is not constructed within ten (10) :+ years of the date of this agreement, the staple 'Z _ property shall revert to the County. > -- -, t ` (b) Convey by general warranty deed to the City that ' fj, A: land consisting of approximately q ` g pproximatel 40,000 square z feet, described in a decree of recotd at I -zip a it Book 318 Page 429 of the records of the Pitkin - County Clerk and Recorder, and commonly known s ;' as the "Aspen One Property ". i (c) Convey by general warranty deed to the City that - -: y_;•. _ "Th parcel of land commonly known as the "Oden Property" described in a deed of record at Book 304 - • Page 62 of the records of the Pitkin County Clerk ik < r .•`� and Recorder. Thic grant is specifically conditioned v upon r oY t i (1) The approval of the mortgagees, Robert O. ,' " and Nancy Oden. *'.. F 4 (2) The release of the County from any further - r .F "1'. { - ' obligation under the note and deed of trust i f Z4 and assumption by the City of said obligation; ) provided that the City of Aspen shall not amend j . 1*4. the terms of the note without County approval - �1 during the period in which the land is subject to reconveyat.ce to the County pursuant to the 3H.a 1 Ire:* i provisions of paragraph 4(c)(5)• a (3) The reimbursement by the City to th• County of ;r Y ' the sum of Ninety-eight y -eight Thousand Five Hundred Fifty -three Dollars (S98, 553, 00)representinq h -- <• 1 s. M - 3 - t: _w \ ( "(,(k426 ,i(: Y r _ :�- F amounts previously paid on said note. y ` 1)./ = (4) The acquisition by the County of the Oealmar '+ 1 al' Property adjacent to the proposed rti % p jail facility 2 - �? on terms and conditions which result in the ``� y X u at same financial impact as its obl getiona under ��r the note executed Cor the Oden Property. `� - (5) The reconveyence to the County of the Oden 4 ' `if ' p l• r ' Property in the event a performing arts center AS-,4' fi 4} shall not have been constructed thereon within ,c a - 4r ten (10) years of the date of this agreement. ,p' a ',j' At the time of such reconveyance the County shall • /r s L , ; , ` refund to the City all amounts paid to the County �r e?. "T ai ' ;. pursuant to paragraph 4(c) (3) and shall also r . 4 2 - e i r` pay to the City any additional amounts paid +rl•_ by the City for the Oden property pursuant to . .: the note subsequent to the date of transfer. y ' • - r r j ry ' In addition, upon such reconveyance, the City shall , - ji• , . be released from any further obligatic�. to reserve 3 4` s4 :�+': ,: and convey additional lands to Pitkin County 7. pursuant to paragraph 3. - (S). Each of the y parties agrees to prepare, produce, • execute and deliver any and all documents reasonably .+ • as necessary to implement the provisions of this agreement. Y d (6). It is acknowledged and agreed that this contract , ti . is entered into for the mutual benefit of the parties hereto. ;p-i- .�f It is further agreed that in the event that the provisions % • f of this agreement (except paragraph 3) are not fully ?'?� At67r?'; executed on or before June 15, 1 902, time being of the essence, then this agreement sha,1 be of no further force rj r„ •CJ and effect and all parties released from any further ',4'11 y s -.. obligation with respect thereto. rzt -5 . (7). The provisions of paragraph 3, 4(a), 4(c)(5), and _'..4% 1 9 4 . . : I.- . - 4 - • R's • r --• _ -. - • _....__ 1 Oti . r)- "At 42G .k: 253 t :4 •r' c 5 shall nurvlve the execution of any deeds of conveyance sr A 11" pursuant to this agreement, and shall not he deemed merged 1 therewith. .- = N 3 9 b r Y IN WITNESS WHEREOF, the pa[[Le• hereto have executed i ., • ;. s this agreement on the day and year above first noted. r, �- $� THE CITY OF ASPEN, COLORADO F . - - -- ..•-••;" .// i Herman i.e , Nayor f 1 Arrga?, f ar4 i P 8Attityn 8 ., K o ch, City Clerk t - - STATE OF COLORADO ) 5 - ) ss. County of Pitkin ) / The foregoing was acknowledged before me thin .. ' day t of (tr,�''. ∎ . , 1982, by Herman Edel, Mayor, {; - X and Kathryn 8. Koch, City Clerk, of the City of Aspen, r w ±c Colorado. i� $? - WITNESS MY HAND AND OFFICIAL SEAL. 1 ,, f, M y comsission exptrssl ��,. a ,�jra� 11., ',i r- „ . M s b • ! " > c r y address 1.•g Post Office Box 258 _ 31.t Aspen, Colorado 81612 F - • t r —Notary fer4-4-4 � - fly t . 5 , • i BOARD OF COJNTY COMMISSIONERS P LN COUtJI'Y0p61oredo CII . ande[U ^' t Chair man gy t �. I •i 1 e± s# .te y ; S - ..a 5 _ ti F'. a .1 F '74- 1 t - • • f - p =: w #. • 4 ?t; ,.' 454 - _ 0 1. . ATTCST i a , yr . Lewis Scanlan - _ ?.'. b.rp4ty'Clork and Recorder - 4 t' STATE OF COLORADO ) • Sp 1 ss. County of Pitkin ) f - r The foregoing was acknowledged before me this 28 day gi • a of April , 1982, by Helen Kalln Klanderud, • r ,` Chairwoman of the Board of Pitkin County Commissioners, ++ r and Lewis Scanlan, Deputy Clerk and Recorder- WITNESS MY HAND AND OFFICIAL SEAL. A f - 1,-,:,: My commission expires November 26, 1983 I fi _ My address is, Post Office Box 2584 y 4 :•'� 3 ,a Aspen, Colorado_ 81612 � cf It - Notary Public + Z p � a i • 5 -1 t s 1: , .." 11 1 11. ,. 2 7, .. , : ". .. ,. .-1 . J • T *\- t Y . f _r, _ Y? ATTACHMENT ., ` fit( fir ct* *.. 14; 1■ ~ 7t `t1�' �1� � � a % <,, , 11 �� rr� \ it t It p u A li *Ai orai ilkV,r* ° lie r . ...... isgt -,%.4■■ aValle■nw Vfr N . Or i ' II O .. -, ,` .. � NA tiT�R� i r p ; / 4 a 1,0 ' tot GEC '. r � „ --j\J t Ilk.) a ",� , rcl ..-4 .Il 7 It V% n . \ L6E �Q � :Illij t � HIGHWAY 82 O g p� a l � � _ l Il� * \(9 8s� �. - .40 PI I Q 4 = m : fir_ ? . { � _!!.ms. 4- 0 s t y : Ream Aar ,_ r i 1 I \ i . _ L___' i . 1 \ 1 �` ND E P ENk NGE - i, 7 -1.\ _i ► PAS .'J n -te r / ! !:. , a'� S�'L -�-� 1 0 J � J :t � ‘..j t _ ■ l 11 J i .00 �. \ i 1 I .. 1 ( -). : ‘ J\ -) i • .. . jr ', i Tx VICINITY MAP E ” 0 z SCALE: 1" = 1,280 feet (1/4 mile) 26 of 28 r CIT PEN 130 reet asp. , _ ; 1611 31 ' S=2ft0 August 18, 1988 Planning and Zoning Commission City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Ladies and Gentlemen: This letter is an amendment to our letter of application of August 11. In this amended application, we would like to include the replacement of alluvial material with rip rap material on the riverbank across from Aspen One property. Also, we would like to exclude the berm construction on the Aspen One property requested on the original application. The replacement of the alluvial material with rip rap material is a requirement of the Army Corps of Engineers and will correct a potentially dangerous condition for residents downstream. The placement of the original alluvial material was approved by P &Z on 2/21/84 without meeting the Stream Margin Review criteria. This criteria requires that a copy of an Army Corps 404 permit be submitted with the Stream Margin Review application. Subsequent to the P &Z approval, the Army Corps became aware of this project and now requires the replacement of the material. The berm construction requested in the original application was not funded by City Council so it will not be part of the applica- tion at this time. The following is attached: a revised development plan, a copy of the letter from the Army Corps of Engineers requiring this replacement, a copy of the engineering report and drawing for this proposal, a copy of the Planning Office recommendation for the original project, and the minutes from the P &Z meeting which approved the original project. Thank you very much. / S�incer n ely� ; ,� p J'WU - etyLd Jim Gibbard City Engineering Department jg /Aspnlamd cc: Jay Hammond Chuck Roth ssT OF 4 - .. e t , - ,EPARTMENT OF THE ARMY 1 r P SACRAMENTO DISTRICT CORPS OF ENGINEERS Wj^ I'itti �Mi -1 1 F4 650 CAPITOL MALL j • , ,S SACRAMENTO. CALIFORNIA 958144794 ( AD — REPLY TO igrn of 7 ATTENTION OF May 10, 1988 Regulatory Section (N13 -245. 9900 and 87 -080) Ms. Denice Reich 290 Filmore Denver, Colorado 80 Dear Ms. Reich: I am responding to your letter dated May 3, 1988 as 1 :e11 as other written and oral correspondence in regard to violation 87 -080. We understand that you want to replace dredced alluvial material that was placed on your banks with 264 cubic yards of riprap below the ordinary high water mark of the Roaring Fork River to stabilize the right bank. The length of the proposed project is 340 feet. Removal of the unstable dredged alluvial material to an upland site will end your violation status. Placement of riprap in quantities given is permitted under Nationwide Permit number 13 (Bank Stabilization). Your project can be constructed under this authority provided the work meets the conditions listed on the attached information sheet. This verification is valid for no more than two years. Your application, 9900, for an individual permit is hereby withdrawn. You need to notify this office when the removal has commenced and has been completed so that a compliance inspection may be arranged. Should you have questions, please contact Judy Geniac by telephoning (303) 243 -1199. Sinc rely, l VOC _ _ (14C C G v L. h Nure h ief, Reg latory Unit 4 764 Horizo Drive, Room 211 and Jun ion, Colorado 81506 -8719 C • w 15 3rand Avenue, Suite 212 eclat SCHMUESER CORM -. MEYER INC.t t Glenwood Springs, Colorado 81601 IIor mat (303) 94 N IMLI UMMI ( ) 5.1004 November 24, 1987 t3 UtcY ► manna; CONSULTING ENGINEERS & SURVEYORS/ Army Cotps of Engineers Attn: Ms. Judy Geniac Regulatory Unit 14 764 Horizon Drive Grand Junction, CO 81506 -8719 RE: Reich Property, Aspen, Colorado Dear Judy: Ms. Reich has asked me to forward to you the information requested on the attached sketch from your office dated October 8, 1987. I have generated a drawing which presents the site in more detail than your sketch and I have taken the liberty to re-do your sketch for clarity. The total amount of riprap material to be removed and replaced has been calculated to be 264 cubic yards. If that amount of fill causes a problem frau a permitting standpoint, we have the ability to reduce that amount in the following manners: 1) We have shown a "toe wall" extending three feet below grade. It would be possible to remove all or part of that toe wall. 2) Please note the extent of the proposed work on the site plan. The immediate danger to the Reich property is from the east property line to a point to the west of the residence. At this point, the Reich property tends to be on the inside of the curve of the river and, therefore, the bulk of the impact on the bank shifts to the opposite side of the river frcm the Reich prop- erty. We would be able to limit the extent of the project, if appropriate from the permitting standpoint. Either Ms. Reich or I will call you after you have had a couple days to review this information. Please note that the net effect of this pro- posed work will not increase or decrease the amount of riprap material, nor will change the contour of the bank. The area of the work is on an existing riprap slope and we are not impacting vegetation or riparian area at all. Thank you for your consideration of this information. Respectfully submitted, SCHMUESER GORDON MEYER, INC. 0-an W. L.rdon, P.E. • esiden S • - /6138 cc: Ms. Denice Reich w/ attachments 4 Tgr OPT .x_ of DEPARTMENT OF THE ARMY Of r , SACRAMENTO DISTRICT. CORPS OF ENGINEERS i � - 1 ' I 650 CAPITOL MAIL 3 1 7 SACRAMENTO. CALIFORNIA 95614 -4794 REPLY TO - ATTENTION OF • October 20, 1987 Regulatory Section (87 -080) Ms. Denice Reich 3801 E. Florida, Suite 200 Denver, Colorado 80210 Dear Mr. Reich: I am writing to you regarding the drawings that you signed and dated on October 4, 1987. The note that Ms. Geniac had attached requested that you give, to the best of your knowledge, the information needed. In other words, to fill in the yellow highlighted blanks. This information is needed so that a public notice can be issued. The latter is an important part of the Corps of Engineers' permit process. We cannot continue to process your after - the -fact permit application, until we have the needed information. Should you have any questions, please contact Judy Geniac by telephoning (303) 243 -1199. -- Sincerely,,, ; 1 j ZG (. 11t Grady' . McNure Chief, Regulatory Unit 4 764'iYorizon Drive Grand Junction, Colorado 81506 -8719 Enclosures - — I . J 71/2 :44,-;„:„....-.2-.• ,. --._ -e fecAy- OCT 0 8 198 $l - c - -- nis s se0, ... ■ralli.""--. '77' C: •!". , i . : 44 1# - 7. :k ci :. -- I 'Z -. REGULATORY UNIT #4 - GRAND JUNCTION ... :i 1"1„.„,,r,K,451.,,, O a,.; r LI' ,\.._. l3-‘‘c t: '": -; : -11.". ir- "\----- - .::-Ft■art471r71 1Vit-i.t0V L \ W5 (j- ‘' ' . -0 . 1. VS -: - -- - -- .• < ..?4.7f-i.s.. _ :,',-. 74: • - 14 % • . tit C I NIII - J. a. l if sp. • N _ hi* ilp ‘ - \ i 1.140 ,a 41 4 res - s. - dik Va. *1 T t e Atil N... i so .. 1 .1 4sl aN v tels alltabi,\,...,_ . - _I %I ..< e------A / sic • Z:1 C1/44,na v. • I VO‘A 1 r 1 • .. 1 1 I eAtkipe vo Th • af ititS ■0 II hz MAO, trap : 0 9 4 4 1 4 11 V sa "C IriptAlkes qb d a - upe I I i . . r 1 , I Cti I 11 , - ' - '-. - - - - - ----- \ tee ,s ir : � 4A, J ` a �—_ - c 2 Pr 0 • CX J t i y � V k k , 6 /;�Z -- - -- --- - --- -- - -- -- - - - - -- MEMORANDUM • TO: Aspen Planning and ''Zoning Commission • PROM: Richard Gr.icc, Planning Office RE: Volk Project - Stream Margin Review (Case n-89 City) DATE: February 21, 1984 . The attached application was submitted by Gideon Kaufman on behalf of Richard Volk for stream margin review on the Volk property in Oklahoma .Flats. The application involves stream bank improvements which were made by the applicant at the end of last summer in an effort to re- build the stream bank which was eroded by the spring runoff. Upon the receipt of a complaint by a neighbor, the Building Department advised Mr. Volk that submission of an application for stream margin review was required to bring the improvements into compliance with the Code. The bank was stabilized by "heavy rip rap" cobblestones varying in size from six inches (6 ") to twelve inches (12 ") in diameter_. The cobble material was installed at approximately a 45 angle and further stabilized by masonry grout. The water course of the river was not encroached upon by these improvements. The river bank is, in fact, in the same location as it was prior to spring floods. The capacity of the stream channel has not been altered nor have there been any adverse impact on the 100 year flood plain. The applicant's residence, yard and numerous trees varying in diameter • from one inch (1 ") to several feet were clearly threatened by the - erosion which began last spring. The stabilization of the stream bank is consistent with the intent of the Roaring Fork Greenway Plan and • results in a reduction of erosion, protection of the natural vegeta • tion, and maintenance of a reasonably natural appearance for the • stream bank. The cobble material used in the retaining structure is consistent with the natural character and appearance of the stream channel. The referral agencies have not identified any inconsistencies with the • adopted criteria for review of stream margin reviews. The Environ- mental Health Department noted that the improvements "should reduce hank erosion and sediment deposition in this small section of river." The Planning Office feels that the intent and established criteria for stream margin review are.met by this application and therefore recom- mend your approval with the following motion: "Move to approve the Volk Stream Margin review." • • • - i ? c eL RECORD OF PROCEEDINGS 100 Leaves Regular Meeting Planning and Zoning Commission February 21, 1984 -3- three residential development credits. Penne said yes. Penne noted this is a complex agreement. Harvey explained it does not increase the density on any parcel but enables the applicant to buy a condominium -zoned piece of property and build the condominiums without going through growth manage- ment. Pardee questioned the initial agreement. Did the applicant agree with the developers to place twelve units on that site. Why were "x" number of units just not given to the applicant to do with as he wished. Harvey said the applicant was given nineteen units. Lipkin stated the settlement agreement predated any plans for this property. Pardee asked if the number was nineteen regardless if all units were used. Soweone said yes. Harvey asked if there are any changes in Penne's recommendations or conditions. Penne answered no. Harvey questioned the statement "all representations of previous approvals." Is the commission not dealing with all agreements? What are "representations ?" Penne concurred "agreements" was a better word. Anderson questioned if the one story was not representative of one story. Lipkin noted that the language in the proposals stated specifically there would be 800 feet of living space above 800 square feet of office space. Har- vey stated his perception of one story is not vaulted ceilings or maximum height. One story is eight to ten feet between floors. White agreed. Hunt moved to recommend approval of the Pitkin Reserve PUD amendment, subject to conditions one through four being the same as listed in the planning office memorandum, dated February 21, 1984, page two; seconded by Jasmine Tyrge. All in favor; motion carried. VOLK STREAM MARGIN REVIEW Richard Grice, planning office, explained someone complained to the building department that there had not been a stream margin review prior to the in- stallation of the cobblestones to stablilize the stream. Harvey described the job as man -made. He questioned the description in the memo, dated February 21, 1984, from the planning office: it is a sensitive, natural deal. Grice corrected him. The memo states "a reasonable natural appearance." Pardee said this is the most sensible approach to save the bank. In Harvey's opinion the question is this action allowable. Can someone come Regular Meeting Planning and Zoning Commission `cbruary 21, 19-;_; case, the commission can make an exception because there is a previously existing dwelling which the applicant is trying to protect. Harvey does or want to give the impression one can ignore the stream margin review. He does not want this action by the commission to reflect that approval was granted after the fact. Pardee suggested the motion reflect this. Grice presented an argument in the applicant's favor. The applicant did approach Stan Steven, building department, and asked if she needed a building permit to build a retaining wall to prevent the stream bank from eroding. Steven said no. The applicant then built the retaining wall. The applicant': intent was to save the property. Harvey reiterated he does not want to set a precedent in which someone else might come forth and site the Volk action. Roger Hunt moved to approve the stream margin review. Discussion followed. Pardee suggested including a statement that the commission is not approving this because the applicant came to the commission after the fact. Harvey suggested a statement about meeting the criteria. Edwards suggested siting when the application was made and does it meet the conditions. Hunt said keep the motion as is; seconded by Welton Anderson. White concurred with Sheldon's and Harvey's comments. Harvey suggested the commission re- examine the stream margin review criteria in the ordinance. Consider adding a statement which deals with someone channelizing the river without appearing before a stream margin review. Sheldon said this needs to be done if this channelization is allowed. Harvey said do not includ this in the motion. White questioned the stream margin review also. All in favor; motion carried. Hunt moved to adjourn the meeting at 6:00 p.m.; seconded by Sheldon. All in favor; motion carried. Harvey asked the secretary to include a copy of the stream margin review in the next packet. i RECORD OF PROCEEDINGS 100 Leaves rowf G [ wn ECNEL 0. 8. 8 L. L1, - Regular Meeting Planning and Zoning Commission February 21, 1984 -3- three residential development credits. Penne said yes. Penne noted this is a complex agreement. Harvey explained it does not increase the density on any parcel but enables the applicant to buy a condominium -zoned piece of property and build the condominiums without going through growth manage- ment. Pardee questioned the initial agreement. Did the applicant agree with the developers to place twelve units on that site. Why were "x" number of units just not given to the applicant to do with as he wished. Harvey said the applicant was given nineteen units. Lipkin stated the settlement agreement predated any plans for this property. Pardee asked if the number was nineteen regardless if all units were used. Someone said yes. Harvey asked if there are any changes in Penne's recommendations or conditions. Penne answered no. Harvey questioned the statement "all representations of previous approvals." Is the commission not dealing with all agreements? What are "representations ?" Penne concurred "agreements" was a better word. Anderson questioned if the one story was not representative of one story. Lipkin noted that the language in the proposals stated specifically there would be 800 feet of living space above 800 square feet of office space. Har- vey stated his perception of one story is not vaulted ceilings or maximum height. One story is eight to ten feet between floors. White agreed. Hunt moved to recommend approval of the Pitkin Reserve PUD amendment, subject to conditions one through four being the same as listed in the planning office memorandum, dated February 21, 1984, page two; seconded by Jasmine Tyrge. All in favor; motion carried. VOLK STREAM MARGIN REVIEW Richard Grice, planning office, explained someone complained to the building department that there had not been a stream margin review prior to the in- stallation of the cobblestones to stablilize the stream. Harvey described the job as man -made. He questioned the description in the memo, dated February 21, 1984, from the planning office: it is a sensitive, natural deal. Grice corrected him. The memo states "a reasonable natural appearance." Pardee said this is the most sensible approach to save the bank. In Harvey's opinion the question is this action allowable. Can someone come to the commission and request an approval in a stream margin review after rip rapping the stream bank. Sheldon questioned the wording of the stream margin review. The stream margin review is designed to prevent anyone from building anything permanent within an area where the stream banks are going to change. Pardee said if one is losing half of his land, he has the right to act to save it. Sheldon suggested the house should have not been built in a place where it will be affected by the course of the river. Edwards noted other considerations came into place after the house was built. It was not a natural change in the stream flow, structures built upstream affected the bank's stability. This applicant does comply with the code. The applicant was required to get an engineering study, although niann;nn office did not find +1,4. Regular Meeting Planning and Zoning Commission tenruary 21, 19c, case, the commission can make an exception because there is a previously existing dwelling which the applicant is trying he 'protect. Farvev does not want to give the impression one can ignore the stream margin review. He does not want this action by the commission to reflect that approval was granted after the fact. Pardee suggested the motion reflect this. Grice presented an argument in the applicant's favor. The applicant did approach Stan Steven, building department, and asked if she needed a building permit to build a retaining wall to prevent the stream bank from eroding. Steven said no. The applicant then built the retaining wall. The applicant' intent was to save the property. Harvey reiterated he does not want to set a precedent in which someone else might come forth and site the Volk action. Roger Hunt moved to approve the stream margin review. Discussion followed. Pardee suggested including a statement that the commission is not approving this because the applicant came to the commission after the fact. Harvey suggested a statement about meeting the criteria. Edwards suggested siting when the application was made and does it meet the conditions. Hunt said keep the motion as is; seconded by Welton Anderson. White concurred with Sheldon's and Harvey's comments. Harvey suggested the commission re- examine the stream margin review criteria in the ordinance. Consider adding a statement which deals with someone channelizing the river without appearing before a stream margin review. Sheldon said this needs to be done if this channelization is allowed. Harvey said do not includ this in the motion. White questioned the stream margin review also. All in favor; motion carried. Hunt moved to adjourn the meeting at 6:00 p.m.; seconded by Sheldon. All in favor; motion carried. Harvey asked the secretary to include a copy of the stream margin review in the next packet. y" ./ Barbara Norris, Deputy City Clerk ATTACHMENT 4 MEMORANDUM To: Tom Baker, Planning Office From: Chuck Roth, Assistant City Engineer e Date: August 23, 1988 Re: Snow Melter SPA In response to your request for information concerning the snow melter facility, this is an approximate project description. If you need any additional information, please let me know. The snow melter unit will melt 40 tons per hour of snow. The water from the melted snow will go into the existing storm drainage ditch and through the existing settling ponds to the river. Improvements will be made to the ponds to improve their performance. At peak snow hauling times, snow needs to be dumped at three times the rate that the melter can handle it. An excess snow storage area will be needed which will be as large as one acre in the best snow years. When snow is not being hauled, an operator can use a front end loader to put snow from the storage pile into the melter. We anticipate operating the melter during normal snow removal hours, from three in the morning through the day. There may be times when the melter is operated around the clock. The snow melter is about seven feet tall by six feet wide with an eight foot deep by ten by eleven foot concrete pit in front of it. We anticipate a ten foot high concrete sound barrier fence on three sides. With the new system, the Aspen One property will probably be free and clear of snow from the streets early in April, depending on the weather patterns of the particular year. Currently the site is not clear until June or July. cc: Jay Hammond Eb Tacker Jim Gibbard CR /cr /memo_88.75 MEMORANDUM TO: Tom Baker, Planning Office FROM: Jim Gibbard, Engineering Department ` p DATE: August 25, 1988 RE: Snow Melter SPA As per your request, the following descriptions are of the two additional projects that are to be included with the snow melter project in the SPA review: 1. The riverbank rip rap project is the replacement of the existing alluvial material on the riverbank near the Reich property with rip rap material. This replacement was required by the Army Corps of Engineers and will mitigate a potentially dangerous condition for downstream residents. 2. The side channel dredging project is the dredging and removal of approximately 10 cubic yards of alluvial material from the beginning of a side channel of the Roaring Fork River on the north side of the Aspen One property. jg /spadscrp cc: Jay Hammond Chuck Roth MEMORANDUM To: Jim Gibbard, Engineering Department nn� pp From: Chuck Roth, Assistant City Engineer C -r Date: August 30, 1988 Re: Snow Melter Facility Stream Margin Review This memo is written in response to your request for assistance with item 1 of Elyse's memo. 1. The certification requirement by a PE is something of a Catch -22 item. I believe that it mostly originated out of FEMA's ordinance requirements. As you may recall, FEMA does permit rises in flood plane elevations, hence the need for qualified individuals to certify the magnitude of any such elevation increases. However, in the city, increases in floodplain elevations are not permitted so that requiring a PE to certify that there is no elevation increase is to some extent like requiring every land use applicant to obtain a certificate from Isaac Newton that the earth is round. More to the point, for applications from the general public, it is appropriate to obtain such certification. For an application generated by the City Engineering Department, it is my understanding that the City Engineer is qualified to certify such matters without being a registered PE. You might want to check with Jay and /or Fred about it. cc: Jay Hammond Elyse Elliott CR /cr /memo_88.77 CIT dOF SPEN 130 " reet asp ' . al : 1611 31 ',25 -2020 September 8, 1988 Planning and Zoning Commission City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Ladies and Gentlemen: This letter is the second amendment to our letter of application of August 11. In this amended application, we would like to include the use of the Aspen One property for temporary storage of the rip rap material that will be used for the replacement of alluvial material on the riverbank on the other side of the Roaring Fork. Thank you very much. 9 Sincerely, �� —'""/ " 141C- I Jim Gibbard City Engineering Department jg /Aspn2amd cc: Jay Hammond Chuck Roth A --- RECORD OF PROCEEDINGS 100 Leaves IC9M [. HC(f M(I. 9. P. a L, L 1, Regular Meeting Planning and Zoning Commission February 21, 1984 - 3- three residential development credits. Penne said yes. Penne noted this is a complex agreement. Harvey explained it does not increase the density on any parcel but enables the applicant to buy a condominium -zoned piece of property and build the condominiums without going through growth manage- ment. Pardee questioned the initial agreement. Did the applicant agree ./ with the developers to place twelve units on that site. Why were "x" number .;, of units just not given to the applicant to do with as he wished. Harvey said the applicant was given nineteen units. Lipkin stated the settlement agreement predated any plans for this property. Pardee asked if the number was nineteen regardless if all units were used. Someone said yes. Harvey asked if there are any changes in Penne's recommendations or conditions. Penne answered no. Harvey questioned the statement "all representations of previous approvals." Is the commission not dealing with all agreements? What are "representations ?" Penne concurred "agreements" was a better word. Anderson questioned if the one story was not representative of one story. Lipkin noted that the language in the proposals stated specifically there would be 800 feet of living space above 800 square feet of office space. Har- vey stated his perception of one story is not vaulted ceilings or maximum height. One story is eight to ten feet between floors. White agreed. Hunt moved to recommend approval of the Pitkin Reserve PUD amendment, subject to conditions one through four being the same as listed in the planning office memorandum, dated February 21, 1984, page two; seconded by Jasmine Tyrge. All in favor; motion carried. VOLK STREAM MARGIN REVIEW Richard Grice, planning office, explained someone complained to the building department that there had not been a stream margin review prior to the in- stallation of the cobblestones to stablilize the stream. Harvey described the job as man -made. He questioned the description in the memo, dated February 21, 1984, from the planning office: it is a sensitive, natural deal. Grice corrected him. The memo states "a reasonable natural appearance." Pardee said this is the most sensible approach to save the bank. In Harvey's opinion the question is this action allowable. Can someone come to the commission and request an approval in a stream margin review after rip rapping the stream bank. Sheldon questioned the wording of the stream margin review. The stream margin review is designed to prevent anyone from building anything permanent within an area where the stream banks are going to change. Pardee said if one is losing half of his land, he has the right to act to save it. Sheldon suggested the house should have not been built in a place where it will be affected by the course of the river. Edwards • noted other considerations came into place after the house was built. It was not a natural change in the stream flow, structures built upstream affected the bank's stability. This applicant does comply with the code. The applicant was required to get an engineering study, although planning office did not find that necessary. Grice - said the applicant has not altered the location of the stream bank, has not affected the flow of the river, has not slowed the river, and has • preserved the vegetation. Had the applicant not stabilized the stream bank, the applicant would have lost a number of trees and possibly a house. There is no impact on the flood plain. There is reduced erosion. The applicant meets the criteria. The applicant did a sensitive job. He presented a photograph of the rip rap. It is a reasonable natural appearance. Sheldon reiterated that if everyone made rip rap along an eroding river bank, the river would be channelized. Harvey agreed. Sheldon stated this is a dangerous precedent. It is contrary to the stream margin review. In this 1' Regular Meeting Planning and Zoning Commission February 21, 1984 case, the commission can make an exception because there is a previously existing dwelling which the applicant is trying to protect. Harvey does not want to give the impression one can ignore the stream margin review. He does not want this action by the commission to reflect that approval was granted after the fact. Pardee suggested the motion reflect this. Grice presented an argument in the applicant's favor. The applicant did approach Stan Steven, building department, and asked if she needed a building permit to build a retaining wall to prevent the stream bank from eroding. Steven said no. The applicant then built the retaining wall. The applicant's intent was to save the property. Harvey reiterated he does not want to set a precedent in which someone else might come forth and site the Volk action. Roger Hunt moved to approve the stream margin review. Discussion followed. Pardee suggested including a statement that the commission is not approving this because the applicant came to the commission after the fact. Harvey suggested a statement about meeting the criteria. Edwards suggested siting when the application was made and does it meet the conditions. Hunt said keep the motion as is; seconded by Welton Anderson. White concurred with Sheldon's and Harvey's comments. Harvey suggested the commission re- examine the stream margin review criteria in the ordinance. Consider adding a statement which deals with someone channelizing the river without appearing before a stream margin review. Sheldon said this needs to be done if this channelization is allowed. Harvey said do not includ this in the motion. White questioned the stream margin review also. All in favor; motion carried. Hunt moved to adjourn the meeting at 6:00 p.m.; seconded by Sheldon. All in favor; motion carried. Harvey asked the secretary to include a copy of the stream margin review in the next packet. Barbara Norris, Deputy City Clerk dL 7 X/ j f ' C i l 1 , � // °4 44 Q . to CE.c_Cv[ kty nz 4-c pf pc GG -- 1-0 - F'; G-J kL_A, «r« f' A ell, "2„.z.----2 / t'Y t ti6F -ate r 1 4 ,,, ,,,,___ pL____ fL.._____c_ A ,„ 9 , ,...,t._.,_ - --- 7) .L Jai, - - in -- 5p -- 3I ZA-(4- N 7 3 n®/ Al i, (t re s 1 , a /--, <-J 4 (:1 each nn 41 cti fi1/2 ► g° L) ( ‘ 410 .1 / vL 1 � ' _ C e owe � n l�ti� a� 4/ Av Tr !I Fr e • 4_ �� 0 _ - YY/c t Pa ‘(c r, - o G ) A p on " p 1 Q FUG • s a eta e? ¢ � n --) rYY 1.2-&L2(.3 cl9 7 ‘31 -- rrThe„ 7 zi orn -1 s� . v ma-r 1 2-u ct—} • gi 0 (Au trbcf_ ez C r-. �4 °, ..� ‘P .1'Y1 /(A-e- G 4 e '� J� � ��2 � . / )jai MEMORANDUM To: Cindy M. Houben, Planning Office 4 7 From: Elyse Elliott, Engineering Department Date: August 17, 1988 Re: Rio Grande Snowmelter Stream Margin Review After reviewing the application and making a site inspection, I have the following comments in sequence with the review criteria of Section 7 -504: 1. The application states that this development will not increase the base flood elevation on the parcel proposed for development. However, this statement is not certified by a Colorado professional engineer as required by the Municipal Code. 2. Three new settling ponds will be constructed adjacent to the existing trail. The applicant should address whether this will have any effect on the trail. Will the ponds ever overflow onto the trail? Will the trail have to be relocated? Will the snowmelter release the water continuously or will it be released all at once in batches? How will the water flow from the snowmelter into the four settling ponds? Will new bridges have to be built? 3. This application does not propose to remove any trees. To the best of my knowledge this plan will conform to the Roaring Fork Greenline Plan, this fact should be confirmed by the Planning Office. 4. The dredging of the stream should not cause erosion of the stream bank. However, this work should be done at a time of year when the flow of the river is low, so as to minimize the amount of silt produced. After dredging, the bank should be revegetated according to the Roaring Fork Greenway Plan. 5. The applicant should elaborate on how efforts will be made to reduce pollution of the river. Several points are outlined in the letter from the State Health Department. Also, once everything settles out of the settling ponds, what becomes of it? Do the ponds have to be dredged periodically? Items number 6, 7, and 8 meet our approval. There are other questions that arise form this proposal: - What is the height and vegetation treatment of the proposed berm? - Why are four settling ponds necessary? - Bow will the water be transported from the last settling pond to the river? By cutting a ditch or pipe? - The construction procedure should be noted. cc: Jay Hammond Chuck Roth MEMORANDUM To: Jay Hammond City Engineer Chuck Roth Assistant City Engineer From: Thomas S. Dunlop, Director Environmental Health Department Date: August 11, 1988 Re: Snow Melter Facility This response is the result of your request for review of the proposed snow melting facility to be installed at one of three sites in Aspen, the 1 -A property, Impound lot or Jenny Adair Park. The comments of this office will be oriented to the possible environmental impacts associated with installation of the snow melter. AIR POLLUTION: There theoretically should be negligible impacts on air quality as the result of burning natural gas in the snow melter as described in the installation drawing. As evidenced in the video we viewed there may be steam associated with normal operation of the device. This is not of concern as an air quality issue unless odors become a problem. Odors could be generated from the vaporization of hydrocarbons that are picked up from the streets and then melted in the snow melter. There is no evidence at this time that this will or will not occur, it is something that might have to be addressed in the future. WATER QUALITY: There has been communication between your office and the Colorado Health Department concerning effluent being discharged to the Roaring Fork River as part of the normal operation of the melter. This office would have nothing more to add beyond the conditions and recommendations outlined in a letter dated April E .- 5, 1988 to you from Mr. Jon Rubic, Water Quality Control Division. Discharge monitoring and obtaining a discharge permit, if necessary, are in agreement with policies of this office. Concerning the use of this installation as a "demonstration project" for other cities, that decision will be up to the City Engineering Department. Improvement of the settling ponds and installing an outfall that Snow Melter August 11, 1988 Page 2 detains oil and grease is also a very important design feature. A process will be necessary to remove and dispose of the collected oil, grease and other objects as the melting process takes place. The ultimate objective is to operate the facility with no deterioration to receiving streams. NOISE: The sound measurements taken by the Engineering Department on the device in Canada offer a general level of sound that can be expected during normal operation. Circumstances in Aspen, such as location, hours of operation, weather, altitude and operation methods will all have an effect on the actual noise generated from the machine. Based on the information reviewed it appears that the snow melter will generate between 70 to 75 decibels (dB(A)) at 50 feet away. That is about as loud as a vacuum cleaner, 10 feet away. It is recommended that the design engineer for the snow melter company be consulted regarding the actual installation site and methods of mitigating noise from that site. 75dB(A) has the potential to be very intrusive on the neighborhood, especially at night and when generated for long periods of time. Earth berms will offer some relief, but not total sound exclusion. There are other sound dampening materials that will work in conjunction with the berms, they should also be reviewed during the design process. SOLID WASTE: As has been noted in the past, the City should be aware of the amount of solid waste associated with a snow dump. This is a reference to design solid waste handling into the installation plan. The intent would be to prevent solid waste from entering the river or from blowing around the site. ( F- PUBLIC NOTICE RE: RIO GRANDE SPA AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 20, 1988 at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, in the Old City Council Chambers, 2nd floor, City Hall, 130 S. Galena Street, Aspen, Colorado to consider an amendment to the Final Development Plan for the city -owned Rio Grande property which is zoned Public with an Specially Planned Area (SPA) overlay. The application for amendment is being submitted by the City Engineering Department and includes dredging of the channel and bank stabilization in the Roaring Fork River on the northeast portion of the property; locating a snowmelting machine on the current snowdump site; and the modification of the storm drainage system which currently exists on the property. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925 - 2020, ext. 225. s /C. Welton Anderson Chairman, Aspen Planning and Zoning Commission Published in The Aspen Times on September 1, 1988. City of Aspen Account. PN.1 Aspen/Hain Planning Office 5 4/4" A v_ 130 S. Galena 1i Aspen, CO 81611 ; ° ` R E , ` C . 4/40 1 10 en -1/2 "-- 14 ` .1 - E4s 4t gli tt �t ,,, George W & Patricia C � Piallard Point A �0f''; 6a ngton, IL 60010 4 ir I1Ut1I►,1,ii11111iiii,,,,,tij l„ilIIl! II ,llll%1il • • C , 0 Pp MEMORANDUM AUG 1; 1- CI FY OF ASPEN To: Mayor & City Council CCTV m,wrGFR; eFFICC Thru: Ronald L. Mitchell, Deputy City Manager Thru: Jay Hammond, City Engineer /Director of Public Services From: Chuck Roth, Assistant City Engineer Cie_ Date: August 15, 1988 Re: Snow Melter Facility - Design Selection & Project Schedule SUMMARY: The City's site design consultant, Schmueser Gordon Meyer, will have preliminary designs and cost estimates completed on Friday. We plan to have the preliminary designs in your mail box on Friday or Monday. The project has a tight time frame, and it was not possible to have this material in time for the packet. PLEASE CALL CHUCK ROTH OR CATHY OSTWALD AT 925 -2020 EXT 216/214 IF YOU WOULD LIKE THE MATERIAL DELIVERED TO YOUR OFFICE OR WHEREVER ON FRIDAY OR MONDAY, otherwise it will be in your mail box. PREVIOUS COUNCIL ACTION: The Council has previously decided to purchase and install a snow melter as an alternative to having the snow dump. At the Council meeting of August 8, the site design contract was awarded. BACKGROUND: Council has been working for four years on solving the problems associated with the snow dump. PROBLEM DISCUSSION: Attached for your information are letters from Colorado Department of Health, Water Quality Division, and from our Environmental Health Department. It appears that a permit may or may not be needed for the outflow from the snow melter. The site design consultant is tentatively recommending that we utilize the snow dump during December and January as we have during past years so that we can monitor the water quality of the outflow as the snow dump has functioned in the past. Then we could commence utilizing the snow melter in February and continue to monitor the quality of the flows. It has also been recommended that we commence sampling the water quality immedia- tely in- coming and out -going at the existing settling ponds. This will be done. Noise concerns continue to be a possible problem to which design consideration are being given. Another problem for the project is the review process in conjunc- tion with obtaining approvals in time for construction this fall. We have submitted a Stream Margin Review application. It appears that there may be problems with the Specially Planned Area procedure. It appears that the project must go through the SPA procedure. If Council has a special meeting on September 19 and approves the Conceptual SPA plan at that time, then we may be able to appear at a special meeting of P & Z on September 27 for Final SPA approval of a snow melting facility. However this would delay the project until October 10 for Final SPA approval from Council. It has been our conception that construction would commence on or about October 1. We will continue with construction drawings and specifications and bid the project conditional on final Council approval. FINANCIAL IMPLICATIONS: The project was budgeted at $125,000. We do not yet know if we will be able to complete the work at that price. The preliminary design work from Schmueser Gordon Meyer will contain cost estimates. RECOMMENDATIONS: Members of both the Council and the P & Z asked us to consider using Jenny Adair Park. It does not appear that this will be a feasible site both for the size of the site and for the residents who live in closer proximity to that site than other residents' proximity to the other sites. The best site design may be burying the facility at the existing impound lot site. We will have to look at the findings of the consultant. Staff recommendation will either have to come as an attachment to the consultant's report or as a verbal recommendation at the council meeting. PROPOSED MOTION: As with the staff recommendation, this will either have to come with the consultant's report or as a verbal proposal at the council meeting. CITY MANAGER RECOMMENDATIONS: CR /cr /memo_88.70 - STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH of - cow 4210 East l l th Avenue y c f °4sw .nly Denver, Colorado 80220 ( -- o Phone (30 3) 320-8333 �;' 1876 Roy Romer Governor April 5, 1988 Thomas M Vernon. M U Executive Direaur Chuck Roth, Assistant City Engineer CERTIFIED MAIL NO: P670 159 341 City of Aspen 130 South Galena Street Aspen, CO 81611 RE: Snow Dumping City of Aspen Pitkin County Dear Mr. Roth: The use of snow melters would not violate our regulations. It would affect water quantity, but probably not water quality. Our concern is whether the effluent from the snow melting pollutes the river. Such discharges appear to be covered under section 405 of the Federal Clean Water Act, as amended in 1987. This section states that, other than excepted, a permit for storm water point source discharges shall not be required until 1992. Part (2)(E) states that a permit may immediately be required where "the stormwater discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants ". We suspect that discharges from this site may fall under this section. But, we request the City to perform effluent monitoring to confirm or deny this. We request that weekly monitoring for pH, total suspended solids, total dissolved solids and oil & grease be performed during the current snow melting season, until such time as discharges cease. Such data should be submitted monthly to this office. We will evaluate this information to determine if a permit will be required and/or whether further monitoring will be necessary next season. Additionally, as discussed in our April 4, 1988, telephone call, we ask that you consider performing a demonstration project at the site. Such a project would consist of evaluating the treatment facilities, determining what changes would improve the effluent quality (improving settling, installing an outfall pipe that prevents large objects from being discharged and that eliminates discharge of oil & grease, etc.), and possibly implementing such changes. An obvious advantage is that if such changes cause the facility to cease being a significant contributor of pollution, a permit would not immediately be required. And, the site would be an example for other cities. Chuck Roth, City of Aspen Page 2 Please feel free to contact me at 331 -4752 if you have questions. We would be happy to meet with you to discuss any proposed changes or evaluate the results of such changes. Sincerely, Jon C. Kubic Engineering Technician Permits and Enforcement Section WATER QUALITY CONTROL DIVISION xc: John Blair, Field Support Section, WQCD Local Health Department ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM HECEIV ED To: Jay Hammond City Engineer MTh 1 1 1388 Chuck Roth Assistant City Engineer City Engineer From: Thomas S. Dunlop, Director 1l" Environmental Health Department Date: August 11, 1988 Re: Snow Melter Facility This response is the result of your request for review of the proposed snow melting facility to be installed at one of three sites in Aspen, the 1 -A property, Impound lot or Jenny Adair Park. The comments of this office will be oriented to the possible environmental impacts associated with installation of the snow melter. AIR POLLUTION: There theoretically should be negligible impacts on air quality as the result of burning natural gas in the snow welter as described in the installation drawing. As evidenced in the video we viewed there may be steam associated with normal operation of the device. This is not of concern as an air quality issue unless odors become a problem. Odors could be generated from the vaporization of hydrocarbons that are picked up from the streets and then melted in the snow welter. There is no evidence at this time that this will or will not occur, it is something that might have to be addressed in the future. WATER QUALITY: There has been communication between your office and the Colorado Health Department concerning effluent being discharged to the Roaring Fork River as part of the normal operation of the melter. This office would have nothing more to add beyond the conditions and recommendations outlined in a letter dated April 5, 1988 to you from Mr. Jon Rubic, Water Quality Control Division. Discharge monitoring and obtaining a discharge permit, if necessary, are in agreement with policies of this office. Concerning the use of this installation as a "demonstration project" for other cities, that decision will be up to the City Engineering Department. Improvement of the settling ponds and installing an outfall that 130 South Galena Street Aspen, Colorado 61611 303/925-2020 ASPEN *PITKIN ENVIflU3NMENTAL HEALTH DEPARTMENT Snow Melter August 11, 1988 Page 2 detains oil and grease is also a very important design feature. A process will be necessary to remove and dispose of the collected oil, grease and other objects as the melting process takes place. The ultimate objective is to operate the facility with no deterioration to receiving streams. NOISE• The sound measurements taken by the Engineering Department on the device in Canada offer a general level of sound that can be expected during normal operation. Circumstances in Aspen, such as location, hours of operation, weather, altitude and operation methods will all have an effect on the actual noise generated from the machine. Based on the information reviewed it appears that the snow melter will generate between 70 to 75 decibels (dB(A)) at 50 feet away. That is about as loud as a vacuum cleaner, 10 feet away. It is recommended that the design engineer for the snow melter company be consulted regarding the actual installation site and methods of mitigating noise from that site. 75dB(A) has the potential to be very intrusive on the neighborhood, especially at night and when generated for long periods of time. Earth berms will offer some relief, but not total sound exclusion. There are other sound dampening materials that will work in conjunction with the berms, they should also be reviewed during the design process. SOLID WASTE; As has been noted in the past, the City should be aware of the amount of solid waste associated with a snow dump. This is a reference to design solid waste handling into the installation plan. The intent would be to prevent solid waste from entering the river or from blowing around the site. 130 South Galena Street Aspen, Colorado 81611 303/925 -2020 c gnl4 . w( o r (� ,t �• Pt o, — ;4--1 ro �c qz `1` MEMORANDUM TO: City Attorney City Engineer FROM: Cindy M. Houben, Planning Office RE: Rio Grande Snowmelter Stream Margin Review DATE: August 15, 1988 Attached for your review and comments is an application submitted by the City of Aspen requesting Stream Margin Review for a snowmelter facility. The property is located at the Rio Grande and is zoned PUB(SPA). Please review this material and return your comments no later than August 29, 1988 so we have adequate time to prepare for the meeting by P &Z. Thank you. PUBLIC NOTICE RE: RIO GRANDE SPA AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 20, 1988 at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, in the Old City Council Chambers, 2nd floor, City Hall, 130 S. Galena Street, Aspen, Colorado to consider an amendment to the Final Development Plan for the city -owned Rio Grande property which is zoned Public with an Specially Planned Area (SPA) overlay. The application for amendment is being submitted by the City Engineering Department and includes dredging of the channel and bank stabilization in the Roaring Fork River on the northeast portion of the property; locating a snowmelting machine on the current snowdump site; and the modification of the storm drainage system which currently exists on the property. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020, ext. 225. s /C. Welton Anderson Chairman, Aspen Planning and Zoning Commission Published in The Aspen Times on September 1, 1988. City of Aspen Account. PN.1 PUBLIC NOTICE RE: RIO GRANDE CONCEPTUAL SPA APPROVAL NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 26, 1988 at a meeting to begin at 5:00 P.M. before the City Council of Aspen, in the City Council Chambers, 1st floor, City Hall, 130 S. Galena Street, Aspen, Colorado to consider approval of a conceptual plan for the city -owned Rio Grande property. The Rio Grande property is zoned Public with a Specially Planned Area (SPA) overlay. The conceptual plan is being submitted by the City of Aspen and includes a library, parking facility, improved surface parking, and improved street /circulation system on the south portion of the site; an area for arts usage, snowmelt facility and modified storm drainage system on the north portion of the site; and expanded trail system throughout the site. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020, ext. 225. s /William L. Stirling Mayor, Aspen City Council Published in The Aspen Times on September 8, 1988. City of Aspen Account. RGCPNCC Rio Craease SP# A CERTIFICATE OF MAILING I hereby certify that on this 12th day of September, 1988, a true and correct copy of the attached Notice of Public Hearing was deposited in the United States mail, first -class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Planning Office by the applicant in regard to the case named on the Public Notice. By: Debbie Skehan Administrative Assistant frm.mailing c c PUBLIC NOTICE RE: RIO GRANDE CONCEPTUAL SPA APPROVAL NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 26, 1988 at a meeting to begin at 5:00 P.M. before the City Council of Aspen, in the City Council Chambers, 1st floor, City Hall, 130 S. Galena Street, Aspen, Colorado to consider approval of a conceptual plan for the city -owned Rio Grande property. The Rio Grande property is zoned Public with a Specially Planned Area (SPA) overlay. The conceptual plan is being submitted by the City of Aspen and includes a library, parking facility, improved surface parking, and improved street /circulation system on the south portion of the site; an area for arts usage, snowmelt facility and modified storm drainage system on the north portion of the site; and expanded trail system throughout the site. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020, ext. 225. s /William L. Stirling Mayor, Aspen City Council Published in The Aspen Times on September 8, 1988. City of Aspen Account. RGCPNCC Gross, Jenard M Metcalf, Joan L Trupp, Beverly 2700 Post Oak Blvd P.O. Box 8542 c/o The Wright Connection Suite 1670 Aspen, CO 81612 173132 Sunset Blvd Houston, TX 77056 Pacific Palisades, CA 90272 Volk, Richard W & Russell D Kallenberg, Jeffrey 5847 San Felipe Phillips, Fred Pitt, Murray C Suite 3600 2900 Mansfield Road 4760 Wendrick Houston, TX 77057 Shreveport, LA 71103 West Bloomfield, MI 48033 Gerald & Christine Goldstein Beckwith, David E Barton, Dr Morris M.D. Industrial Real Estate Group c/o Foley and Lardner Suite 1005 208 King William 777 East Wisconsin Ave 6245 North 24th Parkway San Antonio, TX 78204 Milwaukee, WI 53202 Phoenix, AZ 85016 Coates, Neligh C Jr Trueman Aspen Co. McKay, S.E. 720 East Hyman Ave 4355 Davidson Road 2219 Orrington Aspen, CO 81611 Amlin, OH 43002 Evanston IL 60201 Weinstock, Ruth E McFarlin, Clyde L & Patricia R Sun Lakes Marketing c/o Anywhere Travel P.O. Box 289 25612 Ej Robson Blvd 339 Anzac Parade Snowmass, CO 81654 Sun Lakes, AZ 85224 Kingsford 2032 N.S.W. Australia 663041 Mayer, Howard & Pauline Garwood Janet Kasper, Theresa D P.O. Box 333 Pletts, Sarah A P.O. Box 12061 Aspen, CO 81612 P.O. Box 3889 Aspen, CO 81612 Aspen, CO 81612 Weiner, Brian Fuller, Victoria B Smith, Deborah L P.O. Box 7608 P.O. Box 1131 P.O. Box 4745 San Antonio, TX 78207 Aspen, CO 81612 Aspen, CO 81612 Gillman, Robert P & Eleanor L Martin, Michael S Fisher, Thomas P.O. Box 1090 545 Third Street 236 Pleasent Rt Td Sunset Beach, CA 90742 Brooklyn, NY 11215 Branford, CT 06045 Heath, Jesse B Jr & Hetta S Fayez, Zuhair H c/o Jenkens, Gilcrist &Heath c/o SSI Snyder, Stanley 3850 Texas Commerce Tower 4th floor -777 29th Street P.O. Box 10177 Houston, TX 77002 Boulder, CO 80303 Aspen, CO 81612 Cano, Larry J & Susan D Pace Industries Inc Farson, Elizabeth L 45 Belcourt Drive North P.O. Box 309 P.O. Box 10602 Newport Beach, CA 92660 Fayetteville, Ark. 72701 Aspen, CO 81612 Lancaster, John L III Parke Sally Penne, Collette Lancaster, Robert P 13 Virgin . -.' ive P.O. Box 2505 4300 Interfirst One Or'-.., CA 945. Aspen, CO 81612 nal1ac Tx 7c9n7 Greene, Stephen A Kidder, David S Holland & Hart Ficke, Clark 3928 University Blvd 600 East Main Street 1407 Huntington Drive Dallas, TX 75205 Aspen, CO 81611 Richardson, TX 75080 Juaquin F McGaffey, Jere Aspen 600 Blaya, .•- 777 E Wisconsin Ave P.O. Box 3159 540 -. aden. . Drive Milwaukee, WI 53202 Aspen, CO 81612 .ral Gables, FL 6 Leppla, John L & John F Mann, Kathleen A Smith, Galen B 4040 Dahl Road P.O. Box 2057 601 East Bleeker Street Mound, MN 55364 Aspen, CO 81612 Aspen, CO 81611 Wakefield, Patti Marchetti, Joseph A Gignoux, Natalie A 9501 Summerhill Lane 8532 W Berwyn Ave Trustee under Gignoux Trust Dallas, TX 75239 Chicago, IL 60656 251 Tainter Drive Litchfield Park, AZ 85340 Brough, Steve B & Deborah A Shanks, David S Obermeyer, Klaus 599 Trout Lake Drive #9 Rivo Alto Canal P.O. Box 130 Sanger, CA 93657 Long Beach, CA 90803 Aspen, CO 81612 Borcherts, Robert H & Holde H Shirley, Con C & Leigh L Bevan, Albert W Jr 1555 Washtenaw 7805 Briaridge 1719 Sanderson Avenue Ann Arbor, Mich 48104 Dallas, TX 75230 Colorado Springs, CO 80915 Ross, Lloyd L Sommer, Melvin L & Dorothy K Ware, Ardith Louise 5637 Bent Tree Drive Trustees of Sommer Family Trst Gallegos, Alice Juanita Dallas, TX 75248 Box S -3 P.O. Box 132 Aspen, CO 81612 Aspen, CO 81612 Newell, W R & Mary Helen Waag, Linda Levin 600 East Main, Apt 301 P.O. Box 1624 Volk Richard W Aspen, CO 81611 Aspen, CO 81612 584 5847hh , neFe C 5847 San Feli pe Suite 3600 Houston, TX 77057 Doussard, Rita Coppock, Richard P Lavagnino, Remo 2235 South Hoyt Court 11603 Pleasent View P.O. Box 532 Lakewood, CO 80227 Pinckney, Mich 48169 Aspen, CO 81612 Heys, Donald R & Marie L Foster, Martha Charla Brown 2531 Essex 3601 Turtle Creek Blvd 135 West Francis Ann Arbor, Mich 48106 Dallas, TX 75219 Aspen, CO 81611 Foster, George W & Patricia C Mitchell, Robert H Hanson, Eileen R 351 C Mallard Point Suite 222 L Hanson & Co Barrington, IL 60010 5934 Royal Lane P.O. Box 1690 Dallas, TX 75230 Aspen, CO 81612 Hodgson, Philip R & Patricia Draco, Inc Schainuck, Lewis J 212'North Monarch St 210 North Mill St 3805 Sandune Lane Aspen, CO 81611 Aspen, CO 81611 Corona Del Mar, CA 92605 Aspen Savings & Loan Assoc First Aspen Corporation Seguin, William L P.O. Box 8207 P.O. Box 3318 P.O. Box 2067 Aspen, CO 81612 Aspen, CO 81612 Aspen, CO 81612 Elder, Reinhard N Chitwood Plazza Co Larson, Karl & M Madeleine 202 North Monarch 1505 Bridgeway Blvd Suite 129 #101 Aspen, CO 81611 Sausalito, CA 94965 201 North Mill St Aspen, CO 81611 The Hotel Jerome Limited Maddalone, Jesse J & Esther M Abels, J. E. Partnership The First National Bank of Box 4707 c/o Market Corp Real Estate Chicago Aspen, CO 81612 285 Riverside Avenue 2265 Tanglewood Road Westport, Conn. 06880 Grand Junction, CO 81503 Mountain States Communication M & W Associates. SKHS Associates P.O. Box E 205 So Mill Suite #301A 201 N Hill Street Aspen, CO 81612 Aspen, CO 81611 Suite 201 Aspen, CO 81611 Bergman, Carl R & Catherine M Jenkinson, Marjorie P Klein, Herbert S & Marsha L P.O. Box 1365 403 West Hallan St 201 North Mill St Aspen, CO 81612 Aspen, CO 81611 Aspen, CO 81611 Can Am Aspen Developments Ryanco Partners Ltd Edwards, Joseph E Jr 135 East Cooper Ave Suite 109 Jerome Prof. Bldg. Aspen, CO 81611 201 North Mill St Aspen, CO 81611 Beaumont, William L RBH Schumacher, B Lee Beaumont Florence R Reid, Royal S & Katherine K Wright, Deborah D Box 4695 P.O. Box 566 Suite 106 Jerome Prof. Bldg. Incline Valley, NV 89450 Aspen, CO 81612 201 North Mill St Aspen, CO 81611 La Cocina Inc Conner, Claude M & Warren J Muller, J.D. Box 4010 Johnston, Margie A P.O. Box 4360 Aspen, CO 81612 534 E Hopkins Ave Aspen, CO 81612 Aspen, CO 81611 Johnson, Duane R & Margaret W Conner, Mrs Margaret A S & A Equipment Company 1116 E Cinnabar Ave 534 E Hopkins Ave 2425 South 162nd Street Phoenix, AZ 85020 Aspen, CO 81611 New Berlin, WI 53151 The Bank of Aspen Callahan, Elizabeth Borstner Stahura, Richard 119 So Mill St Zupancis, Louis J P.O. Box 17101 Aspen, CO 81611 540 East Main Street Pittsburgh, PA 15235 Aspen, CO 81611 Hennig, Leonard Fiorello, Albert F Jr William David & Beth Lee Arnett P.O: Box 4951 P.O. Box 8746 4805 South Kimbark Ave Aspen, CO 81612 Aspen, CO 81612 Chicago, IL 60615 Slater, Lawrence J Sonfield, Sheree James J Aylor, Phillip C Nolan. P.O. Box 8329 #A -6 John W Clark & Craig Johnson Aspen, CO 81612 155 Lone Pine c/0 #505 Aspen, CO 81611 8370 Greensboro Road McLean, VA 22102 Muhlfeld, Bruce Danielson, Mark A William Wesson Tiege, Joan M #A -7 632 East Hopkins P.O. Box 9836 155 Lone Pine Aspen, CO 81611 Aspen, CO 81612 Aspen, CO 81611 Greenwood, Gretchen C nnolly, Stephen ,,i- Eugene Mitchell Fry Jr P.O. Box 10599 P.O. 3183 1 - � / Mary Elizabeth Fry Aspen, CO 81612 Aspen, CO 61 �U 3101 Mexico Ave N.W. #1111 Washington, DC 20016 Fraser, John Bethold Jerome D Ginsberg 450 S Galena St Kaelin , Stefan 122 East 42nd Street Aspen, CO 81611 557 North Mill New York, NY 10168 Aspen, CO 81611 Mohwinkel, Cliff Mill Street Venture Ginn, John C P.O. Box 3281 c/o FUMC P.O. Box 256 Aspen, CO 81612 117 So Spring St Aspen, CO 81612 Aspen, CO 81611 Lund, Ron BCS Properties Partyka, Vincent K P.O. Box 10034 c/o Howard Bass #B -1 Aspen, CO 81612 P.O. Box 5078 155 Lone Pine Drive Aspen, CO 81612 Aspen, CO 81611 Hays, Gale Zucco Mocklin, Peter & Monica M Chaloupka, Patricia 0155 Lone Pine Road P.O. Box 807 #B -2 Aspen, CO 81611 Aspen, CO 81612 155 Lone Pine Drive Aspen, CO 81611 Smythe, Arthur Michael A & Sally B O'Neil Sanchez, Susan #A -2 1500 Diamond Shamrock Tower #B-7 155 Lone Pine Drive Dallas, TX 75201 155 Lone Pine Drive Aspen, CO 81611 Aspen, CO 81611 Rich Wagar Jean -Paul Aube Sharp, Dorothy Ann #A -3 522 Algonquin Blvd. East Leibowitz, Neil Alan 155 Lone Pine Drive Timmins, Ontario CANADA #A -9, 155 Lone Pine Drive Aspen, CO 81611 P4N1B7 Aspen, CO 81611 Kulzer, Dennis Ralph C & Elizabeth B Doran Braudis, Robert C P.O. Box 10340 2500 Woodward Way #A -12 Aspen, CO 81612 Atlanta, GA 30305 155 Lone Pine Drive Aspen. CO 81611 Lukes, William C Garn, K Roulhae #A -16 155 Lone Pine Drive Aspen, CO 81611 Maines, Peter #A -18 155 Lone Pine Drive Aspen, CO 81611 Guglielmo, Paul #A -19 155 Lone Pine Drive Aspen, CO 81611 -- Robert D & Ruth Jane Miller P.O. Box 4157 Aspen, CO 81612 Hicks, Gilbert & Patsy 3674 Woodlawn Terrace Place Honolulu, Hiawii 96822 Elizabeth K Manny 2427 North Gower Street Los Angeles, CA 90068 Edward I & Irene Patton Box 264- . Cruz Bay, St John VI 00830 Don Q Lamb, Jr Linda Gi1kerson 5640 S Ellis Ave Chicago, IL 60637 Barney F. Oldfield #A -1 155 Lone Pine Road Aspen, CO 81611 , . Aspen/PM& Planning Office 130 S. Galena AsPen, CO mem • _ Til, illa To • t ' , . ... ... ( t : S ENDeo :. INSUFFir 1 „ — A , • i i A A 1 ; „ "-AUNT% l it" dri V Hays, Gale Zucco e 1 0155 Lone Pine Road Aspen, CO 81611 • — • r - • Aspen/Pitkin Planning Office 130 S. Galena Aspen, CO 81611 R. u : .. .. , O. <:15.1:A/11:81: s fi . 2'33 I7 :. : NUL g RULZER Kulzer, Dennis :DX LLUSED P.O. Box 10340 Aspen, CO 81612 V- . Agen/Pitkin Maiming Office S. 130 S Galena , . Aspen, CO 111811 .. , ( ) Muhlfeld, Bruce \_ Tiege, Joan 14 10 P.O. Box 9836 Aspen, CO 81612 HUH 36 J 08TAY1 09/08/08 MLIFILFM) RENJRN TO SENDER BOX CLOSED : . r WNW Planning Office s. Galena Aspen, 81611 SLA - .±9 Iii 062C31. 09/06/ _ NOT1FN SENDER OF NEW ADDRLou ' srt :.;?, -::'"`": SLATER'LARRY 1 „k P 0 bOX 2304 \: ASPEN CO 61.61.2211 C -. ' \ J \ Sla r, Lawrence p.O. 8329 12 Aspen, CO ---- 1 1 ii t i --. _ .. 1 th illf2-)' — 1 MO iteekt-e- WA) A n r0 ASCLI*9 ..._._._.___ 10 Aspen/ham Planning Mice 130 S. Galena . . .. . . , Aspen, CO 81511 .41 421 416 mr. 43/441117444 4 Ir bil Snyder, Stanley 4 P.O. Box 10177 SiTY ?2' E OEIN:WEL 09/08/88 ID V Aspen, CO 81612 I RETURN 10 SENDER NO FORWARDING ORDER ON FILE UNABLE TO FORWARD SEP — 9 1988 Aspen/Pitkin Planning Office 130 S. Galena i Aspen, CO 111611 , \ 7. r -- ; r 3208567 FWD TIME EXPO 1337 YOSEMITE CT E E 1228 1 — Fisher, Thomas 236 Pleasant Rt Td Branford, CT 06045 V kAIL iti 6V SW 1 3 ‘1 filindhulalliohluldil Asp:, k4111 Planning Office - -- .. , 130 S. Galena Aspen, CO 81611 / ,,_ (tti,.ii, io n Schainuck, Lewis J 3805 Sandune Lane Corona Del Mar, CfflA2jj ,,■ qie sEp I 3 r (. Nbp. OdunhlillunkhhhudhlInullhdhdull _ __.: Aspen /Pitkin Planning Office 130 S. Galena Street Aspen, Colorado 81611 j x c o k e 83 F 1.4L S1.1 09/1.' 1.1/88 CONNOLLY RETURN *T O E;E:NDER NOT DELIVERABLE: AS ADDRE:fiiSED Connolly, Stephen P.O. Box 3183 Aspen, CO 81612 As en/Petldn Planning Office 130 S. Galena Aspen, CO 81811 P O O nol1 , 3 stephe (1iaiV £3:3 I EFR. 1� " /ilc>,'£3(i; Aspen, CO 81612 IVEPALLE A6 ADDRESSED f;ClidllC EINU(981011:i17_1 14(T DIS:L.IVI :P:AE:11.11 AE. ADDh;E b f::G