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HomeMy WebLinkAboutcoa.lu.pu.Park Place Prelinimary.1981 • Recorded at 12:18 P.M. N'^vember 4, 1981 Loretta Banner, Recorder RE$e t#on No.nt c, 18 air SUBDIVISION/PUD AGREEMENT THIS AGREEMENT, Made this ley day of /lam 198i , by and between the City of Aspen, Colorado (nereinatter referred to as "City" ) and the Park Place Development Company (hereinafter referred to as "Subdivider" ) , W I T N E S S E T H. WHEREAS , the Subdivider has submitted to the City for approval, execution and recordation, a final plat (hereinafter "tne plat" ) concerning the development of a vacant site owned by Subdivider located on the Cooper Street Mall, City of Aspen, Coun- ty of Pitkin, State of Colorado, between the buildings commonly known as the Guido Meyer Building and the Aspen Leaf Building ; and WHEREAS , on May 19 , 1981, the Planning and Zoning Commission granted preliminary plat approval subject to specific conditions and on June 22 , 1981 , the City Council granted the final plat approval; and WHEREAS, the City Council is willing to approve , execute and accept for recordation the plat on the condition that Subdivider agree to all matters contained in the aforesaid approvals and in this agreement , and WHEREAS , the Subdivider is willing to acknowledge , accept , abide by and faithfully perform all of the conditions and require- ments imposed by the City. NOW, THEREFORE, in consideration of tne premises , the mutual covenants herein contained, and the approval , execution and accep- tance of the plat tor recordation by the City, it is mutually agreed as follows . I. CONSTRUCTION OF IMPROVEMENTS. It is the understanding of the parties , that there will be no construction and installation of improvements as required by Sec- 41 tion 20-16(a) of the Aspen Municipal Code, and therefore , the requirements of Section 20-16 are inapplicable. II . WAIVER OF PARKING FOR EMPLOYEE HOUSING. The requirements of Article IV, Chapter 24 , of the Aspen Municipal Code are waived by the City and are deemed inapplicable with respect to the employee housing units contained within the project and designated on the plat. III . DEED RESTRICTIONS. Subdivider agrees that those employee housing units desig- nated on the plat and/or contained within the project will not be MIDOL OH rentea or sold except in accordance with the income, �,� vt--- guidelines established by the City of Aspen for the period Octo- ber, 1980 , to October, 1981 , plus such increases as are permitted by those guidelines . IV. COVENANTS RUNNING WITH THE LAND. The conditions set forth herein and imposed with respect to the approvals granted by the City shall constitute covenants run- ning with the land , and shall be binding upon the Subdivider and Subdivider's heirs , successors and assigns . V. OPEN SPACE AND COMMON FACILITIES MAINTENANCE AGREEMENT. The open space and common facilities maintenance agreement contemplated by Secton 24-8 . 19 of the Municipal Code of the City of Aspen is inapplicable. VI . ADHERENCE TO COMPLETION SCHEDULE. As required by Section 24-8 . 20 of the Municipal Code of the City of Aspen, the Subdivider shall substantially complete the improvements indicated on the plat in the sequence and within the time imposed by the construction schedule set forth in the letter of Andrew Dracopoli dated September 4 , 1981 , annexed hereto and 2 4 - ' r - made a part hereof as Exhibit "A" . In addition, any extension or amendment thereto shall be pursuant to the authority and proce- dures of Section 24-8 . 26(u) of the Municipal Code of the City of Aspen. VII. MISCELLANEOUS. A. The provisions hereof snail be binding upon and inure to the benefit of the Subdivider and City and their respective suc- cessors and assigns . B. This agreement shall be subject to and construed in accordance with the laws of the State of Colorado and the Munici- pal Code of the City of Aspen. C. If any of the provisions of this agreement or any para- graph , sentence, clause, phrase , word, or section or the applica- tion thereof in any circumstance is invalidated , such invalidity shall not affect the validity of the remainder of this agreement , and the application of any such provision, paragraph , sentence , clause, phrase, word, or section under any other circumstance shall not be affected thereby. D. This Subdivision/PUG Agreement contains the entire understanding between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by each of tne parties hereto. E. Numerical and title headings contained in this agreement for convenience purposes only , and shall not be determinative of the substance contained therein. F. Any notices required to be given to tne parties to this agreement shall be deemed to have been given if personally delivered or deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below: CITY OF ASPEN. City Manager 130 South Galena Street Aspen, Colorado 81611 3 pp, IIy}y}yy��__ t SUBDIVIDER OR ITS SUCCESSORS OR ASSIGNS : Park Place Development Company 620 East Hyman Avenue Aspen, Colorado 81611 IN WITNESS WHEREOF, the parties hereto have hereunto set their bands and seals on the date and year respectively indicated in full understanding and agreement of the terms and conditions herein contained. CITY OF ASPEN A Colorado Municipal Corporation Arc__ ie-reee Her an Edel , Mayor ATTEST. f LA Z 75E - / Kathrn 7.)1/Koch, City C le2k APPROVED AS TO FORM; Paul J. Paddgne, City Attorney PARK PLACE DEVELOPMENT COMPANY BY / +4 Title ATTEST: Title STATE OF COLORADO ) ss . County of Pitkin ) The above and foregoing Subdivison/PUD Agreement between the City of Aspen, Colorado, a Municipal Corporation, and Park Place Development Company , was acknowledged before me this ft day of , 1981, by Herman Edel, Mayor, and Kathryn S . Koch, City Clerk, of the City of Aspen. 4 __ 1 qcc WITNESS MY HAND AND OFFICIAL SEAL. j My Commission expires : 7' c�JaG Ott' 0, ;,pct` C No ar V'.blic STATaFv';COLORADO ) ss. ;Coufy'ty\ 4t Pitkin The above and foregoing Subdivision/PUD Agreement between the City of Aspen, Colorado, a Municipal Corporation, and Park Place Development Company, was acknowledged before me this . "J`"day of 1981, by Donald J. Fleisher as a partner of Park Place Development Company, a Partnership. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires : n �•� t� 'vr. / Notary``, Public f r NJ _o m BOOK 431 t',AG 27 CO AGREEMENT - m IV s E o; m m THIS AGREEMENT made and entered into this fug day of August , 1982 , by and between Karen D. Hudson of the County of Pitkin, State of Colorado (hereinafter referred to as "Owner") , and the City of Aspen, Colorado (hereinafter the "City") . W I T N E S S E T H: WHEREAS , the Owner has purchased that real property located at 411 East Cooper Avenue, Unit 3 , Aspen, Colorado 81611 (hereinafter "Unit" ) , more specifically described as follows: Condominium Unit 303 , PARK PLACE (a condo- minium) according to the Condominium Map recorded in Plat Book 13 at Page 75 of the records of Pitkin County, Colorado. WHEREAS , Owner acknowledges that the Unit is subject to the control of the City for the purpose of addressing..:he ir middle income housing needs of the area and the parties desire to insure that, on resale, the Owner' s Unit is again made available to satisfy the need for middle income housing in the City of Aspen. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10 . 00) and other good and valuable consideration, paid in hand by the City to the Owner, receipt of which is hereby acknowledged, the parties agree as follows: 1 . At any time Owner intends to sell the Unit, he shall notify the City or its designee, in writing, of his intention to do so and deposit with the authority an amount equal to .5% of the estimated value of the Unit. The City shall immediately advertise the Unit for sale by competitive bid submitted by qualified purchasers (as herein defined) . Subject to the provisions of this Agreement, Owner may accept the highest bid; or, in the alternative, reject all bids and retain ownership of the Unit; PROVIDED, HOWEVER, the parties acknowledge that acceptance of any offer for sale shall be subject to the rights of the partners of the Declarant as contained in Article 30 of the Condominium Declaration. If the Owner sells the Unit, he shall pay the City an amount equal to one percent (1%) of the sale price less the amount of deposit previously made. If the Owner rejects all bids he shall forfeit his deposit. 2 . "Qualified purchaser" are those meeting the qualifications of the City which qualifications shall be established by the City Council , taking into consideration employment, length of residency, financial stability, net worth or assets and maximum income, and any and all other criteria adopted by the City reasonably calculated to determine eligibility for middle income housing and ability to finance the same. In no event shall any qualified purchaser submit a bid for an amount which would result in his assuming obligations in excess of any liability/income ratio established by the City. 3 . In no event shall the sale price of the Unit exceed the total of: a. The Owner' s purchase price plus an increment equal to six percent (6%) of the purchase price per annum from the date of purchase (pro-rated for each whole month for any part of a year) ; plus b. The value of capital improvements made to the Unit subject to the following limitations: 1 . The value shall not exceed fifty percent (50%) of the purchase price for each whole year the Owner has owned the Unit, whichever is less. 2 . Value is to be determined by cost less depreciation (based on a standard schedule of depreciation) or by - 2 - appraisal made by an appraiser mutually acceptable to both the City and Owner. In the event an appraisal is made, the cost thereof shall be assumed by the Owner; plus c. The present value of the Owner' s pro rata share of capital improvements made to the common elements and assessed to the the Owner by the homeowner' s association; the value to be determined by mutual agreement of the parties or by an appraiser mutually acceptable to the parties. (The cost of such appraisal shall be borne by the Owner) ; plus d. The cost of any public improvements for which assessments were imposed by any governmental or quasi-governmental agency which have been paid during the period of ownership. In the event that a bid is received equal to or in excess of the maximum resale price herein established, the Unit shall be awarded to such bidder at said maximum price; and in the event two or more such bids are received, the winning bidder shall be selected by lottery and, again, the Unit sold to him at no more than the maximum resale price. Nothing herein shall be construed to prevent the Owner from reject- ing all bids and retaining ownership of the Unit. 4 . No Owner shall permit any purchaser to assume any or all of the Owner' s customary closing costs, nor accept any other consideration such as to increase the purchase price above the bid price or maximum sale price or so as to otherwise induce the Owner to sell to said purchaser. 5. The following transfers of any interest in the Unit, unless adopted to avoid the provisions of this resale Agreement, shall be exemption for its provisions: a. A transfer by operation of law of a deceased person' s interest to the surviving joint tenant. - 3 - b. A transfer of an interest by will or inheritance. c. A transfer by genuine gift without any consideration thereof. d. A transfer of an interest to a trustee for the benefit of the Owner or the Owner' s spouse or issue. e. .A transfer by operation of law of an interest of an Owner to any other co-owner (or co-owners) where such co-owner (or co-owners) holds title on the date of such transfer as tenant-in-common or as joint tenant. f. A transfer of an interest by Treasurer' s deed pursuant to a sale for delinquent taxes, or by a sheriff ' s or public or private trustee ' s deed pursuant to a judgment execution or foreclosure sale, but only for debts constituting a purchase money mortgage or incurred for those reimbursable capital improvements described in Sections 3b and c. g. A transfer to any partner of the Declarant named in the Condominium Declaration for Park Place under the right of first refusal contained in Article 30 thereof. PROVIDED, HOWEVER, anything above to the contrary notwith- standing, in the event that the Unit shall be transferred in any manner described in paragraphs a through f, the transferee, his grantees or successors in interest, shall be bound by the terms and conditions of this Agreement in the same manner and degree as if no exempt transfer had occurred. In the event of a transfer pursuant to paragraph g above, the Unit shall thereafter be restricted by that certain Declaration of restrictions recorded in Book 430 at Page 413 of the , records of Pitkin County, Colorado, and upon any subsequent sale thereof, shall thereafter be subject to the terms and conditions of this Agreement. • y 4 _ 6. In the event that any Unit burdened hereunder be sold and conveyed without compliance herewith, such sale shall be wholly null and void and shall confer no title whatsoever upon the intended purchaser. Each and every conveyance of the Unit shall, for all purposes, be deemed to include and incorporate by reference in such instrument of conveyance, even without reference hereto, the covenants herein contained. 7 . In the event that the Owner desires to lease the above-described Property, Owner shall give written notice of such. intention to the City which shall have, for a period of thirty (30) days subsequent to receipt of such notice, an option to undertake the rental of the Unit for the term described by the Owner (not to exceed a maximum of three (3) months each year as referred to in Section 8 of this Agreement) and at a rental not to exceed the monthly expenses for the costs of principal and interest payments, taxes, property insurance, condominium assessments, utili- ties, plus an additional Twenty Dollars ($20 . 00) and a reasonable (refundable) security deposit. All rental proceeds shall be payable to the Owner. Nothing herein shall be construed to require the City to indemnify the Owner against any losses attributable to the rental includ- ing (not by way of limitation) non-payment of rent or damage to the premises, nor to require the City to provide for the rental of the premises under the provisions of this paragraph. 8 . The Owner agrees that, in the event he changes his domicile or ceases to utilize the Unit as his sole and exclusive place of residence, he will offer the same for sale pursuant to the provisions of the Agreement. The Owner shall be deemed to have changed his domicile by becoming a resident or accepting permanent employment elsewhere, or residing- in the Unit for fewer than nine (9) months per year. In the event that the City shall have. probable cause to believe that the Owner is violating the provisions of this section, it may inspect the Unit during reasonable hours to verify occupancy by the Owner. 9. In the event any person with an ownership interest acquires such interest without intending to use the same as his sole and exclusive place of residence, and he shall dispose of his interest within one (1) year of acquiring the same, then all other persons with an ownership interest shall simultaneously offer the same for sale pursuant to the provisions of this Agreement, and the Unit shall become available for purchase pursuant to the provisions of paragraphs 1 through 4 (above) . 10. Any notice which is required to be given hereunder shall be given by mailing the same, certified mail, to any address provided herein or given as the current mailing address or the party. 11 . The provisions of this Agreement shall be covenants running with the land, be binding upon the Owner and the City, his or its heirs, successors and assigns (and enforceable by any of them) and shall run for the period of the life of the survivor of the members of the present City Council of the City of Aspen, Colorado, plus twenty-one (21) years, or fifty (50) years, whichever shall be the shorter period. 12. The term "Owner" as used herein shall refer to any and all persons (without regard to number or gender) or entities having an ownership interest in the condominium unit which is the subject of this Agreement. 13. The Owner acknowledges and agrees that the City may assign responsibility for enforcing, administering and implementing the terms of this Agreement to such- housing authority, housing office or housing agent as it may desig- nate and that, in such event, the term "City" , as used herein, shall encompass any entity or person so designated. 14. At the time of any sale of the Unit pursuant to the terms of this Agreement, the Owner shall provided (at his cost) title insurance (or other evidence of title) ; and - 6 - any taxes, assessments , utility bills, etc. , shall be pro-rated to the date of closing. Each party to the trans- action shall assume his customary closing costs. 15. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. 16 . The Owner acknowledges that he has read and fully understands and accepts the terms and conditions of this Agreement limiting the resale and rental of the Unit; and further acknowledges that he is relying upon no oral representations qualifying or limiting the terms hereof. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. �► • tea s1 O ER KAREN D. HUDSON OWNER P. 0. Box 3234 Aspen, CO 81612 (Mailing Address) CITY OF ASPEN By: £t / Herman Edel, Mayor APPROVED AND ACCEPTED Attest: ,-ici PARK PLACE DEVELOPMENT CO. Kathryn Koch, City Clerk By: STATE OF COLORADO ) ss. COUNTY OF PITKIN he foregoing was acknowledged before me, rt-h�i/s ui day of lU) iS-(- , 191 by Kri re n 1)11 j-k Snt i WITNESS my hand and official seal. My commission expires: TIM I ,ff in ? l Q (SEAL) Notary PubliK Address: (cO ,^t (',,) 7 - STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing was ackno 1 dged befo je me thi l` t da • ' w" '' . 19`GZj by Q�J leat...,./ �/' as -1L'S - War of the City of Aspen. WITNESS my han• and offici-1 seal. My commission expires: L4 (SEAL) ' GGi-SiL t.& a C Notary �ubl -c Address : C araMilf1P7 • • • - - 8 - ra , „ A c� r N _ _o 1� m `r BooK431 r%E W AGREEMENT Fo m A- _? ox cn -- m m m CD N � THIS AGREEMENT made and entered into this/6 - day of August , 198 2 , by and between Mari Peyton of the County of Pitkin, State of Colorado (hereinafter referred to as "Owner") , and the City of Aspen, Colorado (hereinafter the "City" ) . W I T N E S S E T H: WHEREAS, the Owner has purchased that real property located at 411 East Cooper Avenue , Unit 4 , Aspen, Colorado 81611 (hereinafter "Unit") , more specifically described as follows: Condominium Unit 304 , PARK PLACE (a condo- minium) according to the Condominium Map recorded in Plat Book 13 at Page 75 of the records of Pitkin County, Colorado. WHEREAS, Owner acknowledges that the Unit is subject to the control of the City for the purpose of addressing the middle income housing needs of the area and the parties desire to insure that, on resale, the Owner' s Unit is again made available to satisfy the need for middle income housing in the City of Aspen. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10 . 00) and other good and valuable consideration, paid in hand by the City to the Owner, receipt of which is hereby acknowledged, the parties agree as follows: 1 . At any time Owner intends to sell the Unit, he shall notify the City or its designee, in writing, of his intention to do so and deposit with the authority an amount equal to . 5% of the estimated value of the Unit. The City shall immediately advertise the Unit for sale by competitive bid submitted by qualified purchasers (as herein defined) . Subject to the provisions of this Agreement, Owner may accept the highest bid; or, in the alternative, reject all bids and retain ownership of the Unit; PROVIDED, HOWEVER, the parties acknowledge that acceptance of any offer for sale shall be subject to the rights of the partners of the Declarant as contained in Article 30 of the COndominium Declaration. If the Owner sells the Unit, he shall pay the City an amount equal to one percent (1%) of the sale price less the amount of deposit previously made. If the Owner rejects all bids he shall forfeit his deposit. 2. "Qualified purchaser" are those meeting the qualifications of the City which qualifications shall be established by the City Council , taking into consideration employment, length of residency, financial stability, net worth or assets and maximum income , and any and all other • criteria adopted by the City reasonably calculated to determine eligibility for middle income housing and ability to finance the same. In no event shall any qualified purchaser submit a bid for an amount which would result in his assuming obligations in excess of any liability/income ratio established by the City. 3 . In no event shall the sale price of the Unit exceed the total of: a. The Owner' s purchase price plus an increment equal to six percent (6%) of the purchase price per annum from the date of purchase (pro-rated for each whole month for any part of a year) ; plus b. The value of capital improvements made to the Unit subject to the following limitations: 1 . The value shall not exceed f.ifty percent (50%) of the purchase price for each whole year the Owner has owned the Unit, whichever is less. 2. Value is to be determined by cost less depreciation (based on a standard schedule of depreciation) or by appraisal made by an appraiser mutually acceptable to both the City and Owner. In the event an appraisal is made , the cost thereof shall be assumed by the Owner; plus c. The present value of the Owner' s pro rata share of capital improvements made to the common elements and assessed to the the Owner by the homeowner' s association; the value to be determined by mutual agreement of the parties or by an appraiser mutually acceptable to the parties. (The cost of such appraisal shall be borne by the Owner) ; plus d. The cost of any public improvements for which assessments were imposed by any governmental or quasi-governmental agency which have been paid during the period of ownership. In the event that a bid is received equal to or in excess of the maximum resale price herein established, the Unit shall be awarded to such bidder at said maximum price; and in the event two or more such bids are received, the winning bidder shall be selected by lottery and, again, the Unit sold to him at no more than the maximum resale price. Nothing herein shall be construed to prevent the Owner from reject- ing all bids and retaining ownership of the Unit. 4 . No Owner shall permit any purchaser to assume any or all of the. Owner ' s customary closing costs, nor accept any other consideration such as to increase the purchase price above the bid price or maximum sale price or so as to otherwise induce the Owner to sell to said purchaser. 5. The following transfers of any interest in the Unit, unless adopted to avoid the provisions of this resale Agreement, shall be exemption for its provisions: a. A transfer by operation of law of a deceased person' s interest to the surviving joint tenant. • - 3 - b. A transfer of an interest by will or inheritance. c. A transfer by genuine gift without any consideration thereof. d. A transfer of an interest to a trustee for the benefit of the Owner or the Owner ' s spouse or issue. e. A transfer by operation of law of an interest of an Owner to any other co-owner (or co-owners) where such co-owner (or co-owners) holds title on the date of such transfer as tenant-in-common or as joint tenant. t. A transfer of an interest by Treasurer' s deed pursuant to a sale for delinquent taxes , or by a sheriff ' s or public or private trustee' s deed pursuant to a judgment execution or foreclosure sale, but only for debts constituting a purchase money mortgage or incurred for those reimbursable capital improvements described in Sections 3b and c. g. A transfer to any partner of the Declarant named in the Condominium Declaration for Park Place under the right of first refusal contained in Article 30 thereof. PROVIDED, HOWEVER, anything above to the contrary notwith- standing, in the event that the Unit shall be transferred in any manner described in paragraphs a through f, the transferee, his grantees or successors in interest, shall be bound by the terms and conditions of this Agreement in the same manner and degree as if no exempt transfer had occurred. In the event of a transfer pursuant to paragraph g above, the Unit shall thereafter be restricted by that certain Declaration of restrictions recorded in Book 430 at Page 403 of the records of Pitkin County, Colorado, and upon any subsequent sale thereof, shall thereafter be subject to the terms and conditions of this Agreement. 4 - 6 . In the event that any Unit burdened hereunder be sold and conveyed without compliance herewith, such sale shall be wholly null and void and shall confer no title whatsoever upon the intended purchaser. Each and every conveyance of the Unit shall, for all purposes, be deemed to include and incorporate by reference in such instrument of conveyance, even without reference hereto, the covenants herein contained. 7. In the event that the Owner desires to lease the above-described Property, Owner shall give written notice of such intention to the City which shall have, for a period of thirty (30) days subsequent to receipt of such notice , an option to undertake the rental of the Unit for the term described by the Owner (not to exceed a maximum of three (3) months each year as referred to in Section 8 of this Agreement) and at a rental not to exceed the monthly expenses for the costs of principal and interest payments, taxes, property insurance, condominium assessments, utili- ties, plus an additional Twenty Dollars ($20 . 00) and a reasonable (refundable) security deposit. All rental proceeds shall be payable to the Owner. Nothing herein shall be construed to require the City to indemnify the Owner against any losses attributable to the rental includ- ing (not by way of limitation) non-payment of rent or damage to the premises, nor to require the City to provide for the rental of the premises under the provisions of this paragraph. 8 . The Owner agrees that, in the event he changes his domicile or ceases to utilize the Unit as his sole and exclusive place of residence, he will offer the same for sale pursuant to the provisions of the Agreement. The Owner shall be deemed to have changed his domicile by becoming a resident or accepting permanent employment elsewhere, or residing in the Unit for fewer than nine (9) months per year. In the event that the City shall have probable cause to believe that the Owner is violating the provisions of • - 5 - this section, it may inspect the Unit during reasonable hours to verify occupancy by the Owner. 9 . In the event any person with an ownership interest acquires such interest without intending to use the same as his sole and exclusive place of residence, and he shall dispose of his interest within one (1) year of acquiring the same, then all other persons with an ownership interest shall simultaneously offer the same for sale pursuant to the provisions of this Agreement, and the Unit shall become available for purchase pursuant to the provisions of paragraphs 1 through 4 (above) . 10 . Any notice which is required to be given hereunder shall be given by mailing the same, certified mail, to any address provided herein or given as the current mailing address or the party. 11 . The provisions of this Agreement shall be covenants running with the land, be binding upon the Owner and the City, his or its heirs , successors and assigns (and enforceable by any of them) and shall run for the period of the life of the survivor of the members of the present City Council of the City of Aspen, Colorado, plus twenty-one (21) years, or fifty (50) years , whichever shall be the shorter period. 12. The term "Owner" as used herein shall refer to any and all persons (without regard to number or gender) or entities having an ownership interest in the condominium unit which is the subject of this Agreement. 13. The Owner acknowledges and agrees that the City may assign responsibility for enforcing, administering and implementing the terms of this Agreement to such- housing authority, housing office or housing agent as it may desig- nate and that, in such event, the term "City" , as used herein, shall encompass any entity or person so designated. 14. At the time of any sale of the Unit pursuant to the terms of this Agreement, the Owner shall provided (at his cost) title insurance (or other evidence of title) ; and - 6 - any taxes , assessments , utility bills, etc. , shall be pro-rated to the date of closing. Each party to the trans- action shall assume his customary closing costs. 15. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. 16 . The Owner acknowledges that he has read and fully understands and accepts the terms and conditions of this Agreement limiting the resale and rental of the Unit; and further acknowledges that he is relying upon no oral representations qualifying or limiting the terms hereof. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. c R OWNER C° MARI PEYTON OWNER P. 0. Box 3234 Aspen, CO 81612 (Mailing Address) CITY OF ASPEN By: r / � Herman Edel , Mayor APPROVED AND ACCEPTED Attest: 7✓ / PARK PLACE DEVELOPMENT CO. Kathryn Eh, City Clerk STATE OF COLORADO ) ss . COUNTY OF PITKIN The foregoing was acknowledged before me /this �(p+h day of Piu q U S'f , 19‘1-, rI r/� r., by r , n"_ WITNESS my hand and official seal. My commission expires: C ja (,r /8 19$3 (SEAL) L_�l' . 41104 . Notary Public' Address: • e /-/nrfAt Asp 1 ChWo 7 - 5 STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing was ackn w d ed bef re ,�ne • s �� • day . 4 , 19�, by 2 p //727G4J -e v 7 as ,q d'j011�lift of the City of Aspen. • WITNESS my hand and official/seal . My commission expires: (g /mil (SEAL) /it 2.4uLtiAitu odress : d/l:c Address : , , ) L) • / 'o. $' • - 8 - • No. )G'gi CASELOAD SUMMARY SHEET -- ----- City of Aspen 1. DATE SUBMITTED: 211/01 STAFF: J04-..�e615614 2. APPLICANT: Tat EIetite carpi 62o E Nyrtin 425-212-2- 3. REPRESENTATIVE: Ah4it.W 1lcopoh (about) arts- k1 e Qov0c ittat ) 4. PROJECT NAME: Pork Twitivwrt B/D L eek R 4'4od P 14- 5. LOCATION: 6. TYPE OF APPLICATION: Rezoning Subdivision Stream Margin P.U.D. Exception 8040 Greenline Special Review Exemption View Plane XGrowth Management 70:30 Conditional Use HPC Residential Bonus Other 7. REFERRALS: x Attorney X Sanitation District School District Engineering Dept. Fire Marshal x Rocky Mtn. Nat. Gas X. Housing Parks State Highway Dept. )( Water Holy Cross Electric Other x City Electric X Mountain Bell 8. REVIEW REQUIREMENTS: .24�,' (c )' wiwtr1PL approya1 w.Ja Put 44t. •24 .3.4- iai aiei a (A ;1 z_e. acici?-140vaI 24 4. 6 vlew Ct ,w;l J4evv"■ve, a vt p c & ehh rr vUv n"4 Ai 6.1t60114 tivitlerfez I 24-11 .2_Wa ip-kov, 64 -IL e, 4- hen& I dr� � wcz me i[4 Lei,vtio ee; h 4.k I e've i , (M/P � `d41G &* +a G1GIAnl bsvul� e,ri516ytc, 4 4t,e. 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Galena Aspen, CO 81611 Re: Park Place Dear Members : I am writing to you to request Preliminary Plat approval under the Planned Unit Development (PUD) guidelines established in Article VIII of the zoning code of the City of Aspen of the enclosed Park Place plat . This procedure is necessitated by the encroachment of the proposed building into the Wheeler Opera House and Wagne Park view planes and by the reduction in the amount of open space provided to less than the 25% required by ( code in the CC zone . The proposed building was given conceptual approval by you through the GMP procedure and was given conceptual ii1 approval by the City Council on December 8 , 1980 . The justification for these variances from the zoning code Ii%1 n2 u1n=ne r . may be summarized as follows : e ' t "1' 1. It is felt that as the project is located on the � �p� �9 Cooper Avenue Mall the need to provide open space l� l was considerably reduced and that it is a more important design consideration to complete the south -boundary of this mall and tie together the existing buildings on the south side . 2. As the Wheeler Opera House view plane is so low over this property it would not be possible to provide employee housing on the second floor if tl view plane was to be honored . The building has been designed to minimize the intersection by placing the employee housing away from the Cooper Avenue Mall which also gives the building a one- '. story appearance from the Mall . Because the en- croachment was relatively small (six feet) and would not represent a new obstruction as the view plane is already obstructed, it is felt that the benefits of employee housing outweigh the detrime: of the view plane intersection. The project int'- eludes 3, 030 sf of employee housing or 0 . 51 : 1 FAR on the building site . The enclosed preliminary plat reflects these variances a recordable form and reflects no changes from the pre- sentation made to you during the GMP procedure . We therefore ask that you grant preliminary plat approval to the Park Place building. 620 East Hyman Avenue• Aspen,Colorado 81611 • Telephone: (303) 925-2122 336 Main Street,Suite 205• Grand Junction, Colorado 81501 • Telephone: (303) 2454868 • • • r • • Febru. . y 10 , 1981 City of Aspen Planning t} Zoning Commission Page 2 . This letter is also a request for exemption from the requirement to provide parking spaces for the • employee housing units in the building . According to Section 24 -4 . 5 of the City of Aspen zoning code , the parking requirement for residential uses in the CC zone is by review of the Planning $ Zoning Commission. In view of the close proximity to the downtown area and the extensive city and county transportation systems , we feel that there should be no parking requirement for these employee housing units. We are further requesting that , in accordance with Section 24 - 10 . 2 (g) of the City of Aspen zoning code, the employee housing being provided in the Park Place building be exempted from the Growth • Management Plan. This housing will be deed restricted along middle income guidelines as established annually by the City of Aspen and will be used by the owners of the building , who are also the owners of the two tenants for the building , to house their employees . The housing will consist of four one- bedroom apartments of approximately 750 square feet each. Both tenants for this building , Pitkin County Dry Goods and Unicorn Books , are well established local businesses and by being able to provide some accomodation to their employees on site , which they are unable to do now, they will partially improve the employee housing shortage in the City. In summary this presentation and these requests are more detailed explanations of what we have already presented to you through the GMP process and we therefore ask that you grant the necessary approvals so we can proceed with what we feel is an excellent project that will be a benefit to the Cooper Avenue Mall and the City of Aspen. Sincerely fT c L4Q. Andrew Dracopoli for Park Place Development Company Enc: 21 copies of plat , location map and proposed utility layout . 2 copies Lincoln Devore soils report List of adjacent property owners Check for plat fee 1 If • • • • • March 11 , 1981 Aspen Planning $ Zoning Commission City of Aspen 130 S . Galena Aspen, CO 81611 Re : Park Place • Dear Members : This letter is to supplement our letter dated UTr11 February 10 , 1981 to you. In addition to the i request for. Preliminary Plat approval , the }� m exemption of the employee housing from the GMP P( tbc- , err process and the exemption from the parking requ- CDir-1G p \� 9 irement for these employee housing units , we are l also requesting that you grant the FAR bonus of LF 0. 5 : 1 allowed in the CC zone . This is done as a special review item. Our new building has an area of 3 , 032 sf of employee housing , or 0 . 51 : 1 of the land area to be developed or 0 . 36 : 1 if the land under the existing Ski Corporation building is included. This letter will also serve as our agreement that the City Engineering department will be given the right to approve our plans for relocating the utility meters on the east wall of the existing Ski Corporation/Aspen Leaf building to the south wall of the Ski Corporation building in order to allow Park Place to be built immediately adjacent to the existing building. Sincerely CliTh2Q9. Andrew Dracopoli for Park Place Development Company • 620 East Hyman Avenue • Aspen,Colorado 81611 • Telephone: (303) 025-2122 336 Main,Street,Suite 205• Grand Junction, Colorado 81501 • Telephone: (303) 2454868 • • • 1 / • • • • • 1 ( April 9 , 1981 Aspen Planning G Zoning Commission City of Aspen 130 S. Galena Aspen , CO 81611 Re : Park Place Dear Members : As we disclosed to you during the March 17 meeting we have decided to make a revision to the facade of the proposed Park Place building . This revision was brought about by our acquisition of the adjacent ft-se r Aspen Leaf building and the consequent need to LIAJD[" physically tie the proposed Park Place building — better to the existing Aspen Leaf building . This revision has now been carried out and enclosed are 1 � _ Pa- is. 22 copies of the revised preliminary plat reflecting '_i`� , the. change in the building footprint . The Park Place L® 14DQUit9 building has also been widened so that it will be • ENDO immediately next to the existing Aspen Leaf 4th and Aspen Ski Corp . buildings without the 6" gap • that was in the original proposal . These two changes are the only ones from the submission sent to the Planning Office on February 10 for your review. The FAR, heights and all other aspects of the proposal remain the same . The proposed changes will be reviewed by the HPC prior to your meeting and we believe that they will agree with us that the revised facade is an improve- ment on the original design and that any changes in the scoring resulting from this revision would only be to the benefit of Park Place which came out at the head of the three projects submitted in 1980 for a commercial GMP allocation. This letter will also serve as our withdrawal of our request for a "temporary" subdivision of the Aspen Skiing Corporation property as set out in the letter • from Oates , Hughes F, Knezevitch. Our request for a subdivision exemption of the narrow strip of Lot C, Block 90 owned by the Scott family remains and I am enclosing a new legal description of the strip which moves the property line 6" to the west so that it runs along the exterior wall surface of the existing Aspen Leaf and Aspen Ski Corp . buildings . Sincerely Andrew Dracopoli for Park Place Development Co . 620 East Hyman Avenue• Aspen, Colorado 81611 • Telephone: (303) 925-2122 336 Main Street,Suite 205• Grand Junction,Colorado 81501 • Telephone: (303) 245-4868 • 1. • • p,! @ • • • • I.. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jack Johnson, Planning Office RE: . Park Place Preliminary Plat (PUD) DATE: May 19, 1981 NOTE: This application is companion to the Park Place Development Subdivision Exception and Exemption Location: Lots A, B, C & D, Block 90, City and Townsite of Aspen (located between the Guino Meyer Building and the Mill Street Mall on Cooper Street Mall ). Zoning: CC - Commercial Core (HP Overlay) History: The public hearing on this application was originally scheduled for March 17, 1981. The public hearing was continued to April 21st and again to May 19th in order to allow the applicant to make modifications to his application. The HPC reviewed and approved changes to the facade of the building on May 4th. The City Council approved the facade changes and a slight shifting of the footprint of the building on May 11th, and in so doing reaffirmed the 1981 commercial GMP allotment for the Park Place Building. Background and On November 24, 1980, City Council , upon recommendation Applicant's of P & Z, approved a GMP commercial allotment of 8,800 Request: square feet for the Park Place Building proposal . Addi- tional approvals necessary in order to further the Park Place Building proposal as conceptually approved include: Sec. 24-8.3(a) - Preliminary plat approval under PUD (PUD necessary to consider waivers to the structural encroachment into the Wheeler Opera House and Wagner Park view planes and a reduction in the total 25% open space requirement as per Code). Sec. 24-3.4 - Special review to utilize additional .5:1 FAR bonus in CC zone district (may be considered provided the residential space is in accordance with adopted housing price guidelines for low, moderate or middle income housing). Sec. 24-4.5 - Review by P & Z and Council to determine appropriate- ness of parking needs for four one-bedroom employee housing units. (Applicant requests that no parking requirements be imposed on this project. ) Sec. 24-11.2(g) - Exemption of the four middle income deed restricted employee housing units from GMP pursuant to density bonus provisions of the Municipal Code (Sec. 24-3.4 as requested above), Referral Comments: Rocky Mountain Natural Gas - A meter and service line to serve the Aspen Leaf Sports is located at the southeast corner of these buildings. This would facilitate the moving of the unit. City Water Department - Water is available to this site from an existing 3/4" line. Connection is permitted upon application for a tap permit and payment of P.I.F. , less credit for existing service. Aspen Sanitation District - No problemforeseen in providing sanitation service to these additional four one-bedroom apartments. Memo: Park Place Preliminary Plat (PUD) May 19, 1981 Page Two Attorney's Office - Employee housing requested is middle income level ; the Council is hesitant to grant the middle level and has demanded low or moderate. Parking for employee housing must be dealt with. Engineering Department - The plan submitted with the applica- tion is adequate to allow preliminary review of P,U.D. con- cerns, The structure will require variance of both open space and height limitations in a CC zone subject to view plane restrictions. At the time this site came in for GMP allocation, this office was concerned about adequate trash facilities, but the current plan seems to address these concerns. In terms of height limitations and open space, these con- cerns were viewed at the time the applicant submitted the proposal for GMP allocation. The structure, although stepped and reduced along the Cooper Street frontage, still extends slightly into the existing view planes. The design also results in minimal open space, much less than the 25% required in the CC zone. The resulting design, however, represents a compromise between less open space and less overall bulk to accommodate the view plane limitations as much as possible. A stepped design with the second story located to the southerly portion of the site serves to reduce the visible bulk significantly, and while the pro- posed structure does protrude into the applicable view planes, the actual portion of the structure visible from the view plane base points will be minimal due to existing structures which now obstruct the view planes substantially, The Wheeler Opera House View Plane, for instance, which creates the greatest intrusion on the site, is already blocked by the Golden Horn, As a result, the Engineering Department has no problem with the necessary variances under 1 P,U.D. Planning Office - In addition to the 8,800 square feet of commercial space granted through GMP, the conceptual plan for the Park Place Building proposed 3,032 square feet of employee housing space. The four one-bedroom employee units, approximately 750 square feet each, will be deed restricted to the middle income guidelines of the City according to this proposal. The P & Z and Council generally promote employee housing restrictions at the low and moderate income levels as opposed to the middle income level. Extra points were awarded due to the inclusion of a housing com- ponent in this commercial GMP application, however, points were not tallied on an income level basis. Waivers to the height restrictions in the Wheeler Opera House and Wagner Park view planes is necessary in order to accommodate the second story employee housing component of • this project. These view planes are partially obstructed in this vicinity already; therefore, this tradeoff appears worthy. The applicant proposes to utilize all of the available .5:1 FAR bonus (if granted) for employee housing with no increase in commercial square footage (as permitted by Code; .2:1 • to commercial if .3:1 is deed restricted residential ) in exchange for waiving the 25% open space requirement of the CC zone district. Little open space exists along the store- front section of the Cooper Street Mall. Wagner Park and Rubey Park are in close proximity, special review of both the a ditional .5:1 FAR bonus request and appropriateness of parking needs for the four one-bedroom units is necessary. The FAR bonus will permit the construc- tion of the second story employee housing. The need for • Memo: Park Place Preliminary Plat (PUD) May 19, 1981 Page Three parking must be determined; however, location on the down- town mall and being adjacent to the Rubey Park transit terminal are both strong considerations for a waiver to parking requirements. The Special Review Criteria in Sec. 24-3.5 have been assessed and indicate no significant problems. An exemption from GMP for these four one-bedroom employee units seems appropriate. A determination as to whether middle income guidelines versus low or moderate guidelines may be an outstanding question. Planning Office Approval of the Preliminary Plat (PUD) including waivers Recommendations: Wheeler House and Wagnr Park vw requirement in planes, the CC Approval of Special Review to utilize additional .5:1 FAR bonus in the CC zone for four deed restricted employee housing units. Approval of Review to waiver parking needs of the four one- bedroom employee units. Approval of the Exemption of four one-bedroom employee housing units from GMP. a I @ . February 10 , 1981 City of Aspen Planning Zoning Commission City of Aspen 130 S. Galena Aspen, CO 81611 Re : Park Place Dear Members : I am writing to you to request Preliminary Plat approval under the Planned Unit Development (PUD) guidelines established in Article VIII of the zoning code of the City of Aspen of the enclosed Park Place plat . This procedure is necessitated by the encroachment of the proposed building into the Wheeler Opera House and Wagner Park view planes and by the reduction in the amount of open space provided to less than the 25% required by code in the CC zone . lJCh01111111d The proposed building was given conceptual approval by you through the GMP procedure and was given conceptual approval by the City Council on December 8 , 1980 . The justification for these variances from the zoning code F1� sh�r may be summarized as follows : t,CITID1111N 1 . It is felt that as the project is located on the Cooper Avenue Mall the need to provide open space 'nG was considerably reduced and that it is a more important design consideration to complete the south boundary of this mall and tie together the existing buildings on the south side . 2 . As the Wheeler Opera House view plane is so low over this property it would not be possible to provide employee housing on the second floor if the view plane was to be honored. The building has been designed to minimize the intersection by placing the employee housing away from the Cooper Avenue Mall which also gives the building a one- story appearance from the Mall . Because the en- croachment was relatively small (six feet) and would not represent a new obstruction as the view plane is already obstructed, it is felt that the benefits of employee housing outweigh the detriment of the view plane intersection. The project in-.__ cludes 3, 030 sf of employee housing or 0 . 51 : 1 FAR on the building site . The enclosed preliminary plat reflects these variances in a recordable form and reflects no changes from the pre- sentation made to you during the GMP procedure . We therefore ask that you grant preliminary plat approval to the Park Place building. 620 East Hyman Avenue • Aspen, Colorado 81611 • Telephone: (303) 925-2122 336 Main Street, Suite 205• Grand Junction, Colorado 81501 • Telephone: (303) 245-4868 February 10 , 1981 City of Aspen Planning $ Zoning Commission Page 2 . This letter is also a request for exemption from the requirement to provide parking spaces for the employee housing units in the building. According to Section 24-4 . 5 of the City of Aspen zoning code , the parking requirement for residential uses in the CC zone is by review of the Planning $ Zoning Commission. In view of the close proximity to the downtown area and the extensive city and county transportation systems , we feel that there should be no parking requirement for these employee housing units . We are further requesting that , in accordance with Section 24- 10 . 2 (g) of the City of Aspen zoning code , the employee housing being provided in the Park Place building be exempted from the Growth Management Plan. This housing will be deed restricted along middle income guidelines as established annually by the City of Aspen and will be used by the owners of the building , who are also the owners of the two tenants for the building , to house their employees . The housing will consist of four one- bedroom apartments of approximately 750 square feet each. Both tenants for this building , Pitkin County Dry Goods and Unicorn Books , are well established local businesses and by being able to provide some accomodation to their employees on site , which they are unable to do now, they will partially improve the employee housing shortage in the City. In summary this presentation and these requests are more detailed explanations of what we have already presented to you through the GMP process and we therefore ask that you grant the necessary approvals so we can proceed with what we feel is an excellent project that will be a benefit to the Cooper Avenue Mall and the City of Aspen. Sincerely Catte;+.r Andrew Dracopoli for Park Place Development Company Enc : 21 copies of plat , location map and proposed utility layout . 2 copies Lincoln Devore soils report List of adjacent property owners Check for plat fee March 11 , 1981 Aspen Planning 0 Zoning Commission City of Aspen 130 S . Galena Aspen, CO 81611 Re : Park Place Dear Members : 9chai�� This letter is to supplement our letter dated ■ February 10 , 1981 to you. In addition to the request for Preliminary Plat approval , the F1� sh�r exemption of the employee housing from the GPM process and the exemption from the parking requ- CCrrlpan y' irement for these employee housing units , we are '�� also requesting that you grant the FAR bonus of 0 . 5 : 1 allowed in the CC zone . This is done as a special review item. Our new building has an area of 3 , 032 sf of employee housing , or 0 . 51 : 1 of the land area to be developed or 0 . 36 : 1 if the land under the existing Ski Corporation building is included. This letter will also serve as our agreement that the City Engineering department will be given the right to approve our plans for relocating the utility meters on the east wall of the existing Ski Corporation/Aspen Leaf building to the south wall of the Ski Corporation building in order to allow Park Place to be built immediately adjacent to the existing building . Sincerely Andrew Dracopoli for Park Place Development Company 620 East Hyman Avenue • Aspen, Colorado 81611 • Telephone: (303) 925-2122 336 Main Street, Suite 205• Grand Junction, Colorado 81501 • Telephone: (303) 245-4868 April 9 , 1981 Aspen Planning $ Zoning Commission City of Aspen 130 S . Galena Aspen, CO 81611 Re : Park Place Dear Members : As we disclosed to you during the March 17 meeting we have decided to make a revision to the facade of the proposed Park Place building . This revision was brought about by our acquisition of the adjacent ����'� Aspen Leaf building and the consequent need to physically tie the proposed Park Place building better to the existing Aspen Leaf building . This revision has now been carried out and enclosed are II sh�r 22 copies of the revised preliminary plat reflecting m n the change in the building footprint . The Park Place �■ IID1I y' building has also been widened so that it will be MFG built immediately next to the existing Aspen Leaf and Aspen Ski Corp . buildings without the 6" gap that was in the original proposal . These two changes are the only ones from the submission sent to the Planning Office on February 10 for your review. The FAR, heights and all other aspects of the proposal remain the same . The proposed changes will be reviewed by the HPC prior to your meeting and we believe that they will agree with us that the revised facade is an improve- ment on the original design and that any changes in the scoring resulting from this revision would only be to the benefit of Park Place which came out at the head of the three projects submitted in 1980 for a commercial GMP allocation. This letter will also serve as our withdrawal of our request for a "temporary" subdivision of the Aspen Skiing Corporation property as set out in the letter from Oates , Hughes 8 Knezevitch. Our request for a subdivision exemption of the narrow strip of Lot C , Block 90 owned by the Scott family remains and I am enclosing a new legal description of the strip which moves the property line 6" to the west so that it runs along the exterior wall surface of the existing Aspen Leaf and Aspen Ski Corp. buildings . Sincerely) Andrew Dracopoli for Park Place Development Co . 620 East Hyman Avenue . Aspen, Colorado 81611 • Telephone: (303) 925-2122 336 Main Street, Suite 205• Grand Junction, Colorado 81501 • Telephone: (303) 245-4868 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jack Johnson, Planning Office RE: Park Place Preliminary Plat (PUD) Public Hearing DATE: April 21 , 1981 • This application was on the March 17 P & Z agenda as a public hearing and was continued until April 21 in order to grant the applicant' s request for time to make modifications to his preliminary plat. These modifications were with regard to changes to the facade of the building and altering the footprint of the building. Since the Park Place building was a 1980 Commercial GMP allocation; which was located within the downtown Historic Preservation Overlay District, alterations to the facade require a review by the HPC. Reaffirmation of the GMP allocation by City Council is also necessary. For these reasons , it is necessary to continue the public hearing on the Park Place Preliminary Plat (PUD) until May 19, 1981 , at which time I;PC and City Council actions will be available. • • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jack Johnson, Planning Office RE: Park Place Preliminary Plat (PUD) Public Hearing DATE: April 21 , 1981 This application was on the March 17 P & Z agenda as a public hearing and was continued until April 21 in order to grant the applicant' s request for time to make modifications to his preliminary plat. These modifications were with regard to changes to the facade of the building and altering the footprint of the building. Since the Park Place building was a 1980 Commercial GMP allocation; which was located within the downtown Historic Preservation Overlay District, alterations to the facade require a review by the HPC. Reaffirmation of the GMP allocation by City Council is also necessary. For these reasons, it is necessary to continue the public hearing on the Park Place Preliminary Plat (PUD) until May 19, 1981 , at which time HPC and City Council actions will be available. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jack Johnson, Planning Office RE: Park Place Preliminary Plat (PUD) DATE: March 13, 1981 The applicant requests this item be continued indefinitely in order to make modifications to his PUD proposal . Alpine Surveys Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 March 30, 1981 80-97 Fleisher DESCRIPTION FOR FLEISHER PARCEL TO BE ACQUIRED FROM ASPEN LEAF SPORTS (SUPERSEDES DESCRIPTION OF JANUARY 26, 1981) PART OF LOT C, BLOCK 90, CITY OF ASPEN, PITKIN COUNTY, COLORADO, BEING MORE FULLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT C WHENCE THE NORTHEAST CORNER OF LOT D IN SAID BLOCK 90 BEARS S 75°09 ' 11" E 53. 22 FEET; THENCE S 14°50 ' 49" W 33 . 08 FEET; THENCE N 75°09 ' 11" W 4 . 50 FEET; THENCE S 14°50 ' 49" W 0. 46 FEET; THENCE N 75°09 ' 11" W 1 . 30 FEET; THENCE S 14°50 ' 49" W 25. 42 FEET; THENCE N 75°09 ' 11" W 0. 55 FEET TO THE EASTERLY OUTSIDE WALL OF ASPEN LEAF SPORTS; THENCE N 14°47 ' 00 " E 58 .96 FEET ALONG SAID WALL AND EXTENSION THEREOF TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF SAID LOT C; THENCE S 75°09 ' 11" E 6. 42 FEET TO THE POINT OF BEGINNING CONTAINING 227 SQUARE FEET MORE OR LESS. r • LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION SUITE 200 BOO EAST HOPKINS AVENUE LEONARD M.OATES ASPEN,COLORADO 81611 ROBERT W.HUGHES RICHARD A.KNEZEVICH AREA CODE 303 DEBORAH QUINN TELEPHONE 920-1700 February 10, 1981 City Council City of Aspen 130 South Galena Street Aspen, CO 81611 Planning Commission City of Aspen 130 South Galena Street Aspen, CO 81611 Aspen/Pitkin Planning Commission City Hall 130 South Galena Street Aspen, CO 81611 ATTENTION: Sunny Vann RE: Application for an Exception from the Strict Application of and Exemption from the Subdivision Regulations of the City of Aspen - Lots A, B, C, & D, in Block 90, City and Townsite of Aspen Ladies and Gentlemen: We represent the Park Place Development Co. , a partnership consisting of Donald Fleisher, Richard R. Woods and David Fleisher (the "Buyers") and Aspen Skiing Corporation ( "ASC" ) who, by this application, seek exception from the strict application of the subdivision regulations of the City of Aspen (Section 2019(a) of the Municipal Code of the City of Aspen) in connection with ( 1) a proposed boundary readjustment of the westerly boundary of Lots C and D, in Block 90, City and Townsite of Aspen, owned by a family partnership of the Dr. Russell and Mary Hugh Scott family and under Lease (with option to purchase) to Bayly Manufacturing Corporation, the effect of which will be to substantially reconstitute the original westerly boundary of Lot C, thereby permitting the efficient development of the proposed Park Place Development on Lots C and D; and ( 2) permission for ASC to temporarily convey to the Buyers that portion of Lots C and D owned by it upon the condition that the Buyers thereafter be obligated to buy from ASC and ASC be obligated to sell to Buyers the portions of Lots A and B owned by ASC, upon the further condition that permanently all of ASC's ownership in Lots A, B, C, and D, when vested in ownership OATES, HUGHES & KNEZEVICH, P. C. in the Buyers, be considered one and only one parcel of property thereafter subject •to full application of the City of Aspen's subdivision regulations. GENERAL CONDITIONS: The following general conditions are applicable to all of Lots A, B, C, and D. The property, which is zoned CC Commercial Core, is bound on the north by the Cooper Street Mall, on the west by the Mill Street Mall, and on the south by Rubey Park, separated therefrom only by the alley immediately to the rear of the property which alley is open to vehicular traffic. This alley is the nearest open public vehicular access for service purposes. The four lots contain 12,036 square feet, more or less. The Scott family partnership owns the portion of the Lots marked in red on Sheet 1 of the map attached hereto as Exhibit "A" hereto, currently containing 3809 square feet. Said property may hereinafter be called the "Scott property". ASC'S ownership of the Lots is 8227 ' , marked in blue on Sheet 1 of Exhibit "A HISTORICAL BACKGROUND: By way of historical background, the integrity of Lots A, B, C and D was altered by conveyances made in 1957 and which, although the property descriptions have been slightly altered and modified from time to time since then to conform to the improvements in place on Lots A and B, they have remained substantially the same since then. The conveyances created the odd situation which exists today. As nearly as can be determined the buildings situate on Lots A and B were built in the late 1950 's or early 1960 's. Although the struc- tures on the property may appear as being one building, they are, in fact, two buildings. The first is the ASC'S office building, situate on the southerly portion of the lot marked Sheet 2 of Exhibit "A", and the other being the Aspen Leaf Building, situate on the northerly portion of Lots A and B, marked in orange on Sheet 2 of Exhibit "A". The two buildings are connected by a common wall, without the obvious benefits of any common wall agreement or documentation setting forth the respective rights, duties and obligations of the parties in terms of the maintenance, use and occupancy of the buildings. While none may be necessary as a matter of law inasmuch as the ground underlying each structure belongs or is in separate ownership, the situation is less than ideal, in terms of the current state of the art, i.e. commercial condominiums with sophisticated governing documentation. The efficient function of the properties under all of the circumstances has been further complicated by the creation of the Cooper Street Mall to the north of the buildings and the Mill Street Mall to the -2- OATES, HUGHES & KNEZEVICH, P. G. west thereof. Essentially, at some point in the early 50's or early 60 's, the 192 square feet, which the applicant is asking be reconstituted as an integral part of Lots C and D, was conveyed to the then owner of the Aspen Leaf Building. Based upon our inquiries, we can determine that this conveyance was made with the anticipation by that owner that at that point in time the remainder of Lots C and D were to be developed, and was made it was felt that, upon such development, the Aspen Leaf Building would need an access corridor to permit the reading of utility meters and for maintenance of the east side of the Aspen Leaf Building. The Snowmass Pavilion was placed on the portion of Lots C and D owned by ASC under a ground lease arrangement. Those improvements have since been moved from Lots C and D, and of course, those lots are presently vacant. At the point in time this 192 square foot accommodation was made for the benefit of the owner of the Aspen Leaf Building, the property values were very nominal, even in the downtown Aspen area, and it is acknowledged that the arrangement with respect to the 192 square feet was made with very little foresight. When the two buildings were constructed on Lots A and B, they were, as permitted within the then applicable zoning law at the time, built lot line to lot line. The applicant does not feel that good planning practices were applied at that time, but feels that all of the actions are excusable, simply because the owners could not forsee what was going to happen with respect to the development of the downtown Aspen area. k '\cr REQUEST FOR EXCEPTION FOR BOUNDARY LINE ADJUSTMENT: It is the desire of the applicant Buyers that its request for subdivision exemption proceed simultaneously with its presently pending PUD application for the development of the Park Place Development. Applicant Buyers seek to revise the boundary line by subtracting from the Scott Property those portions of Lots C and D described on Exhibit "B" hereto and shown on Sheet 1 of the map submitted herewith labeled as Exhibit "A" outlined in yellow containing 192 square feet, more or less. This will be accomplished by conveyance of the 192 square foot parcel by the Scott Family Partnership to the Buyers. The applicant Buyers represent, that based upon its computation of the square footages in the building or buildings on Lots A and B, that the Aspen Leaf Building does not, standing alone without the 192 square feet to be conveyed, exceed the currently existing floor area ratio (FAR) requirements for the applicable zone district, nor does the FAR of the ASC office building, when coupled with the proposed development of the Buyers on Lots C and D, given that the -3- •OATES, HUGHES & KNEZEVICH, P. C. ) 9t i . strip will be conveyed to Buyers and the Buyers will own in addition to Lots C and D as- reconstituted, ASC'S portion of Lots A and B, all of which will be a part of one ownership package prospectively subject to application of the City of Aspen's Subdivision Regulations. In addition, the remaining portion of Lots A and B within the Scott Property will constitute a legal lot with adequate width ( 61. 34 ' ) and square footage ( 3617 square feet) for the CC zone district. See the attached Summary of Land Ownership and Building FAR'S attached hereto as Exhibit "C". It is the applicant's position that the boundary line adjustment requested substantially reconstituting the integrity of the boundary line separating Lots A and B, and Lots C and D, by virtue of approval of the conveyance of 192 square feet from the Scott Property interest to the Buyers, will permit the Buyers to proceed with an efficient high quality development of Lots C and D, employing good planning practices; and will permit the development of a logical plan for management, maintenance and future redevelopment of Lots A and B, utilizing good planning practices and comprehensive documentation. The applicant represents that it will, upon conveyance of the 192 square feet and acquisition of ASC'S portion of Lots A and B, enter into detailed and comprehensive agreements with the Scott family partnership for adequate common wall agreements and for adequate utility service and merchandise delivery services from the alley to the north of the Aspen Skiing Corporation office structure between it and Rubey Park. All of this will have the effect to resolve significant problems which exist today with respect to the efficient functionalness of the Aspen Leaf Building caused by the original development and compounded creation of the two malls hereinbefore referred to. SUBDIVISION EXEMPTION: The second request is for exemption from City of Aspen's subdivision regulations asking for permission to convey ASC'S portion of Lots A and B separately from its conveying of Lots C and D, both conveyances being to the Buyer. ASC and Buyer have a bilateral specific perfor- mance contract of exchange for both properties. ASC has determined to locate its business office at the Airport Business Center in a new facility which will better suit its needs and combine and consolidate numerous of ASC'S administrative functions which are now fragmented due to limited space available in its present office building and land use regulations discouraging certain functions from being located therein. However, its new facility is not constructed, and will not be completed until Spring, 1982, (est. ) . Therefore, ASC will need to retain ownership, occupancy and use of its present office building on Lots A and B. Additionally, ASC -4- OATES, HUGHES & KNEZEVICH, P. C. under its contract with Buyers has structured its sale so that it will be in the form of a property exchange. However, Buyers are desirous of commencing construction in Lots C and D in the spring of 1981. ASC wishes to accommodate Buyer in its desire. Therefore, it is proposed that ASC be permitted to convey those portions of Lots C and D owned by it to Buyer during April, 1981, while retaining temporary ownership of those portions of Lots A and B until its new building is completed, all upon the condition that ASC be obligated to sell and Buyer obligated to buy the same upon such completion, but no later than December, 1982; and upon the further condition that upon such subsequent conveyance that all of the property, i.e. all portions of Lots A, B, C, and D now owned by ASC, together with the 192 square foot parcel hereinbefore discussed, shall be considered one parcel of land for all purposes, subject to the application of the City of Aspen Subdivision Regulations. Based upon the statement of purposes above described, the applicants feel that their proposal falls within the category of an exemption from the definition of a subdivision, as such definition is contained in Section 20-3 of the Municipal Code of the City of Aspen. Given that the principle purpose and intent of the subdivision laws is to accommodate orderly and planned development and that the lots and development packages as adjusted will conform with good planning practices and in no way affect permitted structures and density, we believe that a subdivision exemption from the City of Aspen subdivision law is appropriate in this case. The applicant believes that by the exemption and fulfillment of its commitments that it is resolving substantial and significant existing problems which have been historically created by unforseen events, which unless resolved will only compound in the future. By orderly development of Lots C and D as proposed by the Buyers, and providing mechanism for the orderly use, maintenance and future improvement of the improvements on Lots A and B, a dynamic and economic generator will be provided for the Cooper and Mill Street Malls which, in the Buyers ' opinion, is much needed. Approval of the exception application does much to assure the future success of this area. Such additional information as you may require to make an informed decision on this application will be made available upon request. Both myself and the principals of Park Place Decelopment Co. are available for further discussion. Very truly yours, OATES, HUGHES & KNEZEVICH, P.C. COPY sc E[- L v i.eii,L ,,.. a, By Leonard M. Oates -5- EXHIBIT "B" Alpine Surveys Post Office Box 1 730 Aspen, Colorado 81611 3039252688 January 26 , 1981 DESCRIPTION FOR FLEISHER PARCEL TO BE ACQUIRED FROM ASPEN LEAF SPORTS PART OF LOT C, BLOCK 90, ASPEN ORIGINAL TOWNSITE, PITKIN COUNTY, COLORADO, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT C WHENCE THE NORTHEAST CORNER OF LOT D IN SAID BLOCK 90 BEARS S 75°09 ' 11" E 53. 22 FEET; THENCE S 14°50 ' 49" W 33. 08 FEET; THENCE N 75°09 ' 11" W 4.5 FEET; THENCE S 14°50 ' 49" W 0. 46 FEET; . THENCE N 75°09 ' 11" W 1. 30 FEET; THENCE N 14°50 ' 49" E 33. 54 FEET TO A POINT ON THE NORTH LINE OF SAID LOT C; THENCE S 75°09 ' 11" E 5 . 80 FEET TO THE POINT OF BEGINNING, CONTAINING 192 .5 SQUARE FEET, MORE OR LESS. • • EXHIBIT "C" PARK PLACE DEVELOPMENT COMPANY SUMMARY OF LAND OWNERSHIP AND BUILDING FAR' S PARK PLACE DEVELOPMENT CO. PROPERTY: Total land owned by Ski Corp. under contract 8 , 227 sf to Park Place Development Co. Parcel of land being acquired from Aspen 192 Leaf, subject to subdivision exemption Total land area to be owned by Park Place 8 ,419 sf Floor area of existing Ski Corp building 4 ,719 sf Floor area of commercial space allocated 8 , 800 sf to Park Place in GMP process Total commercial floor area of completed 13, 519 sf FAR 1 . 61 : 1 development Floor area of employee housing allocated 3 032 sf FAR 0. 36: 1 to Park Place in GMP process Total building floor area of completed , 16 , 551 sf FAR 1. 97 : 1 development SCOTT/ASPEN LEAF PROPERTY: Land size remaining after transfer of 192 3, 617 sf sf parcel Floor area of existing building 4 ,961 sf Building FAR on reduced lot size 1 . 37 : 1 fl or o i. .. M MOP,Af:00 _ 1C: City Attorney City nne i ncoo City Water O. na1 f. "11 • Aspen Sanitation District Aspen kicetric Mountain Poll Rocky Moon yin Natural Gas,/ FRO!i: dock Johnso , Planning Office RE: Park Piacc 1 evo opmurt Proliminery PUP Submission DATE: February 18, 1981 The attached letter and plat comoni se tho Park Place Pevei opnue'nt's preliminary FbI) pncpo a1 . This anp ienL.lon received a 19th Cor _rein] Growth Management aliont from the City of Lr :en this past Ppven.oer and is now applying For the additioral sppreA'als noeded prior to I Sue n11 I J construction. Park Place is scheduled for reviei by the Aspen Harm ng and zoning COJFO1lssion On 2 nn March 12 , 1 �vai therefore, please return any conuents COnCe-,^II;nQ i;P?6' appli- cation to me no 1aPer than March n_ 1001. Thank on (91.2,. fo, cry, potig,-,,,Lto---71.--dr:272„ r_rea,„ )74 � (,c�-t' �h o, ,2� C c� ;i�` ' / (4/ L [' hjMPAnOM TO: City Attorney Cit . Engineer City Odler RJo1Jtm2oti AcH eanilatiof District Aseta Electric kountain Pell Rect , nentin Natural Goa FROM: Jack Johnson, Planning Oiaice RE: ) Park Place DovelevT]entFiminory POD Submission DATE: February 18, 1031 The attacnei letter and plat comprise the Pork Hoer Reelopuentc : proliminery POD This application rualYed a 1981 cpmarciai Growth araccwnt aliceA.PL Iv on tra City of PpeA Duo past Novuao?' ann is a:ni appiHng mar the addiliht .1 approvals needed pi- r to bagiiplinu construction. Pork Place is scbaaulad :or review by the Asaea P :anning and Zoning Cesaion an hs,rTh 12 , tn .reforo, leas repro any ccertn cencorninc Lao cation to ama no 1 aber than ia:dch I , le , lh:nk yea. r -`14°-) r-ear-a-flifY 14"--774,-Zrf &;41- el.aW afrfrAl 0 2 - n--> T0: City l ttorney : City Engineer s . City Nate-`e•• DI I rtm n Asper ` ;n-it Lion District Aspen Electric r ,.. Mountain Bell Rocky Mountain Natural Gas FROM: ,Jack doL+nscri, Planning OFEiee RE: Park Place Dceve. Iop:lent Prel inn nary PUB Submission DATE: February 18, 1981 The attached letter and plat comprise the Park Place Development's peelimipasy PUP proposal . This application receive.; a 1931 Commercial Crm-Th i� rIagft .i;t Clio _'et fre,e the City of Aspen this past 4oye' i e and is MOO a plyir:y Tea' : the additional approvals needed prior to beginning construction. Park Piece is scheduled fen r reVieW by the Aspen Planning and Zoning Co oiss en on March 17, 1981; ti 'clone, please return any cn - eets concerning the appli- cation to Inc. no later than March 4, 1081. Thank you. /_ t- (— y- a ^' �_ /if '� < � , -i �'� iors _ � ,� E rn TNESC A �>r> rTta „ -. --- CITY OF ASPEN 130 south galena street aspen , colorado 81611 MEMORANDUM DATE: March 10 , 1981 TO: Jack Johnson FROM: Bob Edmondson RE: Park Place Development Preliminary PUD Submission ( 1) This application also asks for a rezoning to CC/RBO - according to Section 24-10. 3( b) RBO shall be granted only in connectin with a "pure" residential project. (2) Also, the employee housing requested is middle; th Council is hesitant to grant the middle and has demanded low or moderate. ( 3) Parking - parking for employee housing must be dealt with. RBE:mc J ebru:u , 10 , IC" 1 City oC Asper I'usmi np Zenipp Commission City of Acpea 130 Calen'r Aspen , Co 81611 He: Park Place Dear Members : T am writing to you to request Pre] im-inary Plat approval under the Pidnnod Unit Development (PHD) guidelines established in Article Viii of the zoning code of the City of Aspen of the enclosed Park Place plat . This procedure is necessitated by the enciooclnc nt of the proposed building into the lVl c e 1 er Opera House and l a gner Park view pl nes and by the reduction in the amount or open space truv _ded to less than the 2596 required by code in the CC zone . The proposed building was !'] VCn conceptual approval by k �; j you L 1iroug h L i c (t H' prol cdcfe and was given conceptual 7. CAI approval by the City Council on December 8, 1080 he justification for these variances from the zonirtg cede may he summarized as follows : 1 . 1t is loft that as the project is Located on the i - Cooper Avenue Mall the need to provide open space was considerably reduced and that is is a more ]mpc'rtrnt design consideration to complete the l 1. south boundary of this mall and tie Los,ou.., . ���e existing buildings on the south side . 2 . As the Whc ice Opera i House view place is so low over this property it would not he possible Co provide employee housing on the second floor of the vie,' plane was to he honored . The building. has been designed to minimize the intersection by placing the employee housing way from the Cooper Avcn -e 'fait which also gives the building a ono- story apdearanco frost ti do Mall . die cause the en- cro fCh`tent was relatively seail ( sib feet) a.nd would nci Ieprefeni a now obstruction as the view plan, already obstructed , it is felt that tnnt the Lena' - el etn' oyee ho 1S i Rio outweigh the C C.tr I.PI C'llt of I'. 1c1,, plane intersection .Gli . Thc project ill - . l; 'I clue 030 s of employee ilon _,ln;l or 0 . 5 :1 : .1 , on ' lcinag site . The OM- IC! l � �rin� r pl ) t r. r ec t.; lhcso van - ,l a re( ord;. L ; - . and re reaLs nc i ui�;c_ ifroni tic l;, r,_ Sep a ) POlr ii ! If: Trio P pi c' lire'. . he the it yeti prp!lt r reiiminart _ !It alT _;vial. to i ' ,_c -no I Pc'iirmiry 111 , 111111 City 01 ispc ii H i 11, Zon nr, Con ' i 1,1 This Hillens also a request for exemption from the requiromenr I o provide no spaces for the „ • - , employee housing units iii the building . According T to Section 24 - t . S of o i CiLv or Arpen zoning LOU A A the parhrn;i, feuuirerient for residential uses in the CC zone 13 b) revice or the Planning I Zoning Commission, In of the close. proximity to the downtown ate)) and the extensive city and county trallupentation systems , role el that there should be no parking requirement for these employee housing units . We are further requesting that , in accordance with Section 24 - 111 . 2 (g) of the City of Aspen zoning AC' code , the on housing being In the . Park Place building be exempted From the Growth andgirmnt Plan . This housing will be deed restixicted alcng middle incozat guidelines as established annually ho the City of' Aspen and till be used by the owners or the building , who are also the owners of the two tenants for the building , to house their employees . file housing will consist or reefOne_7_ bedroom apaztonls OF uphre: iiiintelv 750 suuare feet each Both tenants for this building , Pithin County Dry Goods and Unicorn Books , are well established local businesses and by being able to provide some accomodation to their employees on site , which they are unable to do now , they will partially imp-rove the employee housinit shortage in the City . , \K In summary this presentat -ion and these requests are lim-e detailed explanations or That we hove already presented to •You through the process and we therefore ask that you the neee ,,sery approvals so can proceed -nil::: what we lee ] is an excellent nroject that will be a bencifit to the Cooper Ave nue Pal and the City of Aspen . Sincerely _ ( Andrew Unaeopc) for Pail. Mite De v(21 Of p:0n t Coo] any : 2 conics rO Hat , location map and proposed mt . 2 copies iTntola soils report i,(1 bon sty ( 1ock 1iir LI ;: 1 lee NSEW)P )13V_1 Planning Office ,c.mmonnineering Department d, Engineering and Subdivision Exception ch 11, 19S1 Preliminary P.U.D. zo' t -0.¢Ol Zark Place Development preliminary to allow Pee o f both .minarY P.U.D" the aPpli°at gw adequate l require ct to Lyew plane wag submitted with The structure C O zone sabr allocation, to .e plan subm P.U.D. pi"cerris limitations in a e in for G.M.P.rent Plan seems of e eri sea e and height he time this facilities, but the cur viewed at op concerned about trash space, on s were restrrcti°nsout adequate concerns The s• these c cation- address these concerns. oncern tatyO s and open rcP°sal for Cooper Street design also results terms of hei9 1�cant stepped nd reduced a o w Planes• in the C.C. zone. Th In time the applicant steeped existing required less open space into the 25� as much 1 the although e between structure, slightly much less than the southerly still extends en space,lk represents ae view plane limitations to the and in minimal °p however, the to significantly, lanes, design bulk accommodate i he seconds visible bulk s1 ct le vye"�e Points resulting to and less overall 1 design to reduce the de into the applicable PP view plane e view planes hale h A e site serves structure does protrude from the obstruct the which creates portion the proposed of the rintstructn es which now for rust instance,lden Horn- As possible. ion of th while al portion e to existing ra House already Plane, by the necessary creates actual will be mint The Wheel site, is as o problem the eintrusion Engineering D Department h n a result, the subject number of con- siderations: under P.U.D. Exemption: to a Exception and exemption is Subdivision exception and e of conveying application P atiOn for exceP e for the purpose This PrOCedu The p lic acceptable cc ptable Development. This lot line would re exception i procedure submission el do final plat Place should also the ons and, the tY to roce sub? I. the 192 square submission °s exchange sho utility locations d require d O This meter and wo lots B a s of thin new ce easements• separation and between Engineering review and maintenance a tenan temporary see this would ERe ted es e to allow of lots A andonlY temp°Yarl] a associated procedure would be re' 2. Regarding a transfer °f tta Pe in h portion t the would C.C. ase, lease, to retain later to be unacceptable n c (undersized)h chanism, such as land f appear able to non-conforming find some other m Park Place Developmen, PAGE TWO the Ski Corporation's holdings as a single parcel. This approach would also serve to simplify final plat requirements by requiring no further revision of the new lot configuration but merely transfer of the entire parcel at a later date. k- rr tixi' Lincoln DeVore moo West Fillmore St. _ Colorado Springs.Colorado 80907 (303)632-3593 Home Orrice January 30, 1981 Donald Fleisher 620 E. Hyman Aspen, CO 81611 Re : Revision of Lincoln-DeVore Testing Laboratory Report 36820GS, Subsurface Soils Investigation 409 Cooper Street, Aspen, - Colorado Gentlemen: Page nine of the above referenced report has been revised, deleting the sentence regarding drywells at the 409 Cooper Street site. Dry wells may be used at this site where required by local building code regulations, provided the foundation soils beneath the proposed structure are protected from becoming saturated. If questions arise concerning this letter, please do not hesitate to contact this office . Respectfully submitted, LINCOLN-DeVORE TESTING LABORATORY, INC . , By: (6 et eZ,i -5- C 'i'ic Walter E. Vanderpo9 Civil Engineer WEV/ca Enc . . 602 East 6th Street P.O. Box 1427 86 Rosemont Plaza P.O. Box 1882 P.O. Box 1643 Pueblo,Cob 81001 Glenwood Springs, Cob 81601 Montrose, Cob 81401 Grand Junction, Cob 81501 Rock Springs, Wyo 82901 (303)546-1150 (303)945-6020 (303) 249-7838 (303)242-8968 (307) 382-2649 Y' CF . if • r4 ' _ Lincoln DeVore 1000 West Fillmore St. Colorado Springs,Colorado 80907 (303)632-3593 Home Office November 17, 1980 Donald Fleisher & Company 620 E. Hyman Aspen, CO 81611 RE: SUBSURFACE SOILS INVESTIGATION 409 COOPER STREET ASPEN, COLORADO a- Gentlemen: Transmitted herewith, are the results of a Subsurface Soils Investigation and Foundation Recommendations for the proposed 2-story commercial structure with a partial basement to be located at 409 Cooper Street in the town of Aspen, Colorado . Respectfully submitted, LINCOLN-DeVORE TESTING LABORATORY, INC. fr Vandepo/ 1 Civil Engin le 40 d 11`/Ad Reviewe• •y : 4 G-o ge D. Morris Professional Engineer WEV/ca LD Job No. 36820GS • I 602 East 8th Street Pueblo. Colo 81001 PO. Box 1427 86 Rosemont Plaza P.O. Box 1882 P.O. Box 1643 G:.^wood Sc n^.g s, C 10 81601 Montrose, Colo 81401 Grand Junction. Colo 81501 Rock Springs.Wyo 82901 (303) 546.1150 1303) 915.602) (303) 249-7838 (303) 242-8968 (307) 382.2649 I ABSTRACT: The contents of this report are a subsur- Iface soils investigation and foundation recommendations for the proposed construction of a two-story structure with a partial basement to be located at 409 Cooper Street in the town of Aspen, Colorado. r The soil within the upper 6 to 9 feet of tthe soil profile encountered during drilling was noted to consist of a ' man-made fill. This fill was found to contain some wood chips, gravel and cobbles, and was noted to be quite variable in terms of density. Because of ' the high nctential for differential settlement, we would recommend that this fill either be penetrated by piers or piles, or be removed from below founda- tion line, being replaced with a suitable structural fill, If the fill is 1 overexcavated, a shallow foundation system, designed on the basis of a maximum bearing capacity of 4000 psf would be appropriate. No minimum I pressure will be required. { A similar bearing capacity would be tassociated with granular soil materials when used as structural fill, tassuming that the soil is compacted to at least 95% of its maximum Proctor dry density, ASTM D-698. I To limit differential settlement in the Istructure as much as possible, it is recommended that the foundation loads be well balanced around the structure and the foundation system should be 1 heavily reinforced. Loads under the exterior, continuous footings should be balanced within +300 psf. Isolated interior pads should be balanced at Iloads 150 psf below that used for the exterior footings. 1 All floor slabs on grade must be construc- ted to act independently of other structural portions of the building. 1 -1- I ir Adequate drainage must be provided at all times. Water must never be allowed to pond above the foundation soils. A Type II Cement would be recommended in all concrete in contact with the fine grained soils on this site. More detailed recommendations can be found within the body of this report. All recommendations will be subject to the limitations set forth herein. I GENERAL: The purpose of this investigation was to determine the general suitability of the site for construction of a two-story structure with a partial basement to be located at 409 Cooper Street in the town of Aspen, Colorado. Characteristics of the individual soils found within the test borings were examined for use in designing foundations on this site. Although Lincoln-DeVore has not seen a 11 set of construction drawings for the proposed commercial structure proposed, we feel that it will be basically a frame structure of more or less conven- tional design. Foundation loads for structures of this nature are normally 11 light to medium weight in magnitude. Topographically, the site is flat with a 11 slight slope down toward the north. The exact direction of drainage will be controlled by local streets, ditches and the proposed construction, but in general, will flow toward the north, eventually entering the Roaring Fork 11 River which is approximately one-quarter mile north of the site. Both surface and subsurface drainage is fair to poor. 11 -2 The soils on this site consist of a surface layer 6 to 9 feet thick of lean organic clay containing wood chips, 1 fine gravel, and occasional large cobbles or boulders. The soils below this man-made fill consist of alluvially deposited silty gravel, cobbles and boulders, having been deposited on the site by action of the nearby Roaring 1 Fork River in the past. These alluvial materials are believed to ' have been deposited over dense formational material of the Maroon Formation of Pennsylvanian and Permian Age. The Maroon Formation can broadly be described as a _reyisn-red to reddish-orange siltstone and sandstone, which also contains beds or layers of greyish-red and pale maroon arkosic sandstone. Material of the Maroon Formation was not encountered during our subsurface 1 exploration program and it is felt that formational material will be 1 sufficiently deep that it will not affect construction or performance of the proposed foundation systems. 1 1 BORINGS, LABORATORY TESTS AND RESULTS: Two test borings were drilled across the 1 409 Copper Street site and are located approximately as shown on the attached 1 Test Boring Location Diagram. The two test borings were placed in such a manner as to obtain a reasonably good profile of the subsurface soils. All 1 test borings were drilled with a power-driven, continuous auger drill. �! Samples were taken with a standard split-spoon sampler, and by bulk methods. 1 The precise gradational and plasticity ■ characteristics associated with the soils encountered during drilling can be 7■ found on the attached summary sheets. The representative number for each 1 3 I Isoil group is indicated in a small circle immediately below the sampling point on the Thrilling :ogs. The following discussion of the soil groups Iwill be general in nature. The soil profile encountered in the test borings is broadly described as a two-layer system. The upper o to I9 feet of the profile was found to be a very loose to medium density, moderate moisture, man-made debris fill. This layer cannot be recommended as a bearing material. It is thin, however, and most footings will extend through the fill. Eel:ow this fill, the soil consisted of dense river I terr_ce, silty gravel containing many cobbles and boulders, This silty 1 i extended the depth of the test borings and was in a �ravei materia_ x..ended to very dense condition. The density was noted to increase with increasing depth. Soil Type No. 1 classified as a lean 1 organic clay (OL) of fine grain size. Soil Type No. 1 is low plastic and of 1 low permeability. This material was encountered as a wet, low density, man-made fill, and therefore, is not judged sufficient as a foundation material. Soil Type No. 1 was found to contain wood chips, some fine gravel and occasional cobbles. Occasional boulders could be encountered during excavation of this soil. Soil Type No. 2 classified as a poorly graded silty gravel '1: ) of coarse grain size. This material contained some cobble and occasional boulder sized particles which obviously cannot be accurately represented on the enclosed grain size curve. Generally, this material is non-plastic, permeable, and was encountered in a high density 17 condition. It will have no tendency to expand upon the addition of moisture, nor any tendency to true long-term consolidation under load. Granular fl A ii 7____ . 11 materials such as this do exhibit settlement upon application of foundation stresses, but if maximum allowable bearing capacity values are not exceeded I! and balancing and reinforcing recommendations are carefully followed, it is I felt that settlement of this material will not create any problems. At any IIrate, any settlement should be fairly rapid and will probably be complete by IIthe end of construction. Foundations located in the material of Soil Type INo. 2 may be proportioned on the basis of a maximum allowable bearing capacity Iof 5000 psf with no minimum pressure required. Soil Type No. 2 was not found II to contain sulfates in detrimental quantities. No free water was encountered in any of IIthe test borings to the depths drilled on this site. Because of the nature of the foundation materials, it is conceivable that areas of perched water or IIseepage moisture could be encountered during excavation for foundation con- II struction. To prevent development of extensive areas of subsurface moisture, we would recommend that the surface drainage be closely controlled. More IIcomplete recommendations pertaining to the design of surface grading will be given in the next section of this report. IIIf any areas of seepage are encountered II during excavation, we would recommend the construction of a subsurface peripheral drain around the exterior of the building. This drain should IIinclude a discharge pipe, gravel collector and adequate sand filter. The need for a drain can perhaps be best handled at the time of excavation IIinspection. II II II -5- II I CONCLUSIONS AND RECOMMENDATIONS: Since the exact magnitude and nature of the foundation loads are not precisely known at the present time, the following recommendations must be somewhat general in nature. Any special loads or unusual design conditions should be reported to Lincoln-DeVore so Ithat changes in these recommendations may be made, if necessary. However, based upon our analysis of the soil conditions and project characteristics previously outlined, the following recommendations are made. The presence of the surface veneer of variable density, man-made fill will complicate the foundation design for 11 this building to some degree. Should the surface soils be used in their present condition as a foundation material, long-term differential movements resulting from their consolidation could hamper the utility of the building. Therefore, a conventional shallow foundation system which would be designed on the basis of the very low bearing capacities associated with the fill soils in their present condition must be discouraged. It is recommended that, prior to placing forms or pouring concrete, all of the organic clay, man-made fill be excavated from below the proposed structure. Attar the site has been overexcavated, then a coarse grained, non-expansive, non-free draining fill could be imported. This fill would be placed in the overexcavated portion of the site in lifts not to exceed 6 inches after compaction. A minimum of 95 of the soils maximum Proctor dry density must be maintained during soil placement. These soils shall be placed at approximately their Proctor optimum moisture, +2 . The granular material must be brought to the required density by mechanical means. No water flooding techniques of any type should be used in p the placement of fill on this site. To ensure the quality of the compacted soil, we must recommend that frequent density tests be taken. After the steps outlined above have been taken, we would recommend that a shallow foundation system, consisting of continuous footings beneath all bearing walls and isolated spread footings beneath columns and other points of concentrated load be used to carry the weight of the proposed structure. Although the allowable design bearing capacity would depend somewhat upon the gradational nature of the soil, we feel that a bearing value 0500 psf could be utilized when designing foundations for this op`__._. All foundation components should rest a minimum of 4 feet below' the finished grade or as required by local building: ' codes, for frost protection. Where conventional shallow foundation systems are used, it is rer_o^•rended that they be well balanced and heavily reinforced. Contact stresses beneath exterior foundation walls should be balanced to within +300 psf at all points. Isolated interior column footings should be designed for unit loads of about 150 psf less than the average of Ithose selected for the exterior walls. The criteria for balancing will depend somewhat upon the nature of the structure. Single-story, slab on grade structures may be balanced on the basis of dead load only. Multi-story structures should be balanced on the basis of dead load plus approximately one-half the live load. To help ensure that the structure moves more or less as a single unit rather than in a differential manner, we would recommend that all stem walls be supported by a grade beam capable of spanning at least 12 feet. This grade beam would apply to both interior and exterior load bearing walls. Such a grade beam should be horizontally 0 a s- reinforced continuously around the structure with no gaps or breaks in reinforcing steel unless they are specially designed. Beams should be reinforced at both the top and the bottom with the major reinforcement being placed near the bottom of the wall section. All interior bearing 1 walls should rest on a grade beam and foundation system of their own and should not be allowed to rest on a thickened slab section or "shovel" footing. Where the stem walls are relatively shallow, vertical reinforcing will probably not be necessary. However, where the walls retain soil in excess of about 5 feet in height, vertical reinforcing may be necessary to resist the active pressure of the soils 1 along the wall exterior. To aid in designing such vertical reinforcing, the following equivalent fluid pressures can be utilized: Coarse grained compacted fill - 35 pcf Man-made fill of Soil Type Ido. 1 - 55 pcf 1111 It should be noted that the above values should be modified to take into account any surcharge loads applied at the top of the walls as a result of stored goods, live loads on the floor, machinery, or any other externally applied forces. The above equivalent 01 fluid pressures should also be modified for the effects of the free water table. Where floor slabs are used, they may be placed directly on grade or over a compacted gravel blanket of 4 to 6 inches in thickness. Under no circumstances should this gravel pad be allowed to act as a water trap beneath the floor slab. A vapor barrier is recommended beneath any and all floor slabs on grade which will lie below the finished exterior ground surface. All fill placed beneath the interior floor slabs must be compacted to at least 9U4 of its maximum Proctor dry density, ASIA D-098. -8- All floor slabs on grade must be construc- ted to act independently of the other structural portions of the building. These floor slabs should contain deep construction or contraction joints to facilitate even breakage and to help minimize any unsightly cracking which could result from differential movement. Floor slabs on grade should be placed in sections no greater than 25 feet on a side. Prior to constructing slabs on grade, all existing topsoil and organics must be removed from the building interior. Likewise, all foundations must penetrate the topsoil layer. Adequate drainage must be provided in the Ifoundation area both during and after construction to prevent the ponding of water. The ground surface around the building should be graded so that surface water will be carried quickly away from the structure. The minimum gradient within 10 feet of the building will depend upon surface landscaping. Bare or paved areas should maintain a minimum gradient of 2%, while land- scaped areas should maintain a minimum gradient of 50. Roof drains must be carried across all backfilled areas and discharged well away from the structure. If adequate surface drainage cannot be maintained or if any subsurface seepage is encountered during excavation for foundation construction, then a perimeter drain must be recommended for this building. This drain would consist of a perforated drain pipe, gravel collec- tor and sand filter (or acceptable filter fabric layer). If sufficient ' topographic fall does not exist on the site to allow daylighting cf the drain pipe, then a sealed sumo and pump arrangement would be required to remove the collected moisture. Dry wells should not be used on this site. To give the building extra lateral stability and to aid in the rapidity of runoff, all backfill around the building and in I I I utility trenches in the vicinity of the structure should be compacted to ` at least ^; of its maximum Proctor dry density, ASTM D-698. The native 11 materials encountered on this site may be used for backfilling purposes, if so desired. All backfill must be compacted to the required density by 11 mechanical means. No water flooding techniques of any type should be used in the placement of fill c_n_ this site. Care should be taken that the foundation soils beneath adjacent structures are not overloaded. This could result from the overexcavation a: site if it omes necessary to excavate depth 'below foun _ _ .�. _ :nen -of d _ ent structures. Under no • circumstances should the o...__vation at this site extend to nithin 10 feet of adjacent structures with:u: rr::riding cut'braoin_ or underpinning for the adjacent structure. Additic.nal recommendations for bracing of the open cut, if necessary, will require aiaitional information regarding the foundation, type and depth, of adjacent structures. . Some of the clayier foundation materials would be anticipated to contain sulfates in detrimental quantities; therefore, a Type II Cement is recommended for use in all concrete which will be in contact with all clayey foundation soils. Under no circumstances should 11 calcium chloride ever be added to a Type II Cement. In the event that a 01 Tyre II Cement is difficult to obtain, a Type I Cement may be substituted, but only if it is protected from the soil by an impermeable membrane. A Tyoe I Cement can be used if foundations rest on the sands only. The open foundation excavation must be 11 inspected prior to the n Loing of forms and pouring of concrete to establish 01 that adequate design bearing materials have been reached and that no debris, soft spots or areas of unusually low density are located within the -10- 0 F 1,1 1,1 foundation region. All fill placed below the foundations must be fully controlled and tested to ensure that adequate densification has occurred. III It is extremely important due to the nature of data obtained by the random sampling of such a heterogeneous IImaterial as soil that we be informed of any changes in the subsurface IIconditions observed during construction from those outlined in the body of this report. Construction personnel should be made familiar with the contents of this report and instructed to relate any differences immediately if encountered. 111 =t is believed that all pertinent points concerning the subsurface soils on this site have been covered in this report. If soil types and conditions other than those outlined herein are Illnoted during construction on the site, these should be reported to Lincoln- DeVore so that changes in recommendations can be made, if necessary. If Illquestions arise or further information is required, please feel free to PIcontact Lincoln-DeVore at any time. I II MI II I U U __1_ II i �� f Ih Ire - o 1 t II 1 ) v l� I " \1 Red I I ] \- \`` F� But \ ; _gym � I °y � I� • , � � � Z op a III i ,j*/ � � � — �� ao,r , 1 3 \\ - 01 � t1dD�� � eve � • , � ,, i \ \ Cemet r� � \ '+uc -- -� GOLF COURSE V 1 �•'1� _ v-1u ' .�I �••1 � , d _i' ` Q Ci U, •,l � rIM I �h` ,a 1 { —( { �I\ �l \o+ (1)Ifi i r�) y ]9,r c> ) 1 y{�j( ,((�' ���`�1^ Aspen \/„ A ,I fit. * "V ., . qy0, Os �- unne en • �` ��I �r� r ] �� II J �� °0 Os - Tunne ST, i881^• A A 1 •A .7 aC')l'r / I� il' I ` o� o r 1 1• N�p a 1 AO'r Nl o , Y ! II �. Q��~at: \� ayN _eN i q ep �Cly > ;a I ,t '\• 1 e�h fkA O•\ '\ d It Jl /' ** . 7 •'fir• l /f Tank i • I/ 9 \ \ iill \ \ � i „- xe7� Ia11 11 � - 1l Syr/Y� .., J N � , _ U a/� \�\ is i ') , I 4 f i,) ' \\=,,,,N, y -) p ,ql tfi I 9 �" T/ 1 INDEFINITE 1iN rA'` F / �. � . u _ 4 9 N SCALE /,z000 - i8 LINCOLN COLORADO: COLORADO SPRINGS ,, 1 ;Tr L.cAT on DIAGRAM n DevORE PUEBLO, GLENW000 SPRINGS , Coo PrO ST NALL_ 4.09 COOPER ST. cur_luccoc. GRAND JUNCTION • MONTROSE , I I . . I IGoo PER sr. MAZE. U - - - - - - / • / / - 'I I I I I I V/ te/ I I II I ! PRoPosEO , . g4.D G. / +o9 CooPcR Sr I I I I THa2 sI S I A,I I i i , I I I i 1I F II I A/.Lfr . I i resr SOR Iv LoAr.ov ORAM I ~ LINCOLN COLORADO COLORADO SPRINGS L) DeVORE PUEBLO, GLENW00D SPRINGS , d, Coo/�ER $r. MALL ice CooP6RSr. ) ASPEN) Co. ENG�NEERS� GRAND JUNCTION NONTROSE , ....... wvnuIun . onry CDOIUGQ SOILS DESCRIPTIONS: ROCK DESCRIPTIONS: . ABOLS & NOTES' rsta USCS DESCR IPT ION SYMBOL DESCR/PT/ON alltia DESCR/PT/ON ' A:64 SEDIMENTARY ROCKS " Topsoil b&O".o• CONGLOMERATE ' ' :o:cam:* 9/12 Standard penetration drive Numbers indicate 9 blows to drive Man-made Fill : : : : SANDSTONE the spoon I2"into ground. ' .°o;00. ____ :00°O GW Well-graded Gravel SILTSTONE n:o a. I ST 2-1/2'Shelby thin wall sample o000 ---- °o°0°0°0 GP Poorly-graded Gravel ==== SHALE ' 0000 ____ x x x x x x CLAYSTONE Wo Natural Moisture Content ii M M II GM Silty Gravel o° Wx Weathered Material ' ao° GC Clayey Gravel COAL mull COAL SW Well-graded Sand EMI LIMESTONE _wotar Free water table no I � '...iii. SP s Poorly-graded Sand == DOLOMITE natural dry density iiI fill SM I Silty Sand 1 I, MARLSTONE TB.-Disturbed Bulk Sample I //, I � � SC Clayey Sand � GYPSUM 02 Soil type related to samples —T in report ' ML Low plasticity Silt Other Sedimentary Racks ;,iii IGNEOUS ROCKS 15' We Top of formation CL Low-plasticity Clay li/V.∎ GRANITIC ROCKS Form. • '> I OL Low plasticity Organic Silt and Clay +• ++ DIORITIC ROCKS OTest Boring Location " , nil 1i //.- MH High plasticity Silt i`• . .// GABBRO ®Test Pit Location 1 I CH High-plasticity Clay RHYOLITE -H-n 1--S---1 Seismic or Resistivity Station. OH High-plasticity ',,,- ANDESITE Lineation indicates approx. II Organic Clay length a orientation of spread (S=Seismic, R=Resistivity) Pt Peat BASALT Standard Penetration Drives are made I EN GW/GM S ell- graded Gravel, eaovaa TUFF d ASH FLOWS by driving a standard IA"split spoon y o.- :-1 sampler into the ground by dropping a • °� GW/GC Well-graded Gravel, :,?o' BRECCIA & Other Volcanics Iaolb.weighTSO'.AS7Mtest °° . . Clayey `O• ° des. D-1586. E .' LG�M� GP/GM Poorly-graded Gravel, r`<<�� Other Igneous Rocks Samples may be bulk,standard split � Silty METAMORPHIC ROCKS spoon (both disturbed)or 2-I/2"1.0. .°° GP/GC Poorly-graded Gravel, //, GNEISS thin wall("undisturbed") Shelby tube samples.See log for type. sp% s'Ix R GM/GC Silty Gravel, jf�� SCHIST The boring logs show subsurface conditions �ri�l�� Clayey G��17 at the dates and locations shown,and it is li I''��i' GC/GM Clayey Gravel, tiny PHYLLITE not warranted that they are representative cat l-S Silty I► '; of subsurface conditions at other locations ®� � ►���� and times. SW/SM Well - graded Sand, s�' ', SLATE Silty 1 . SW/SC Well- Sand, 4.j./ METAQUARTZITE ■ HHNNN� Clayey y 000 SP/SM Poorly-graded Sand, ooq MARBLE �r Silty 07; I r l j II, SP/SC Poorly-graded Sand, ��� HORNFELS Clayey 11111 SM/SC Silty Sand, Clayey .•4 34 SERPENTINE IIMIN SC/SM Clayey Sand, Silty � Other Metamorphic Rocks II '''t ' �� LINCOLN COLORADO Colorado Springs, Pueblo, EXPLANATION OF BOREHOLE LOGS '''�I�� CL/ML Silty Cloy TESTING Glenwood Springs, Montrose, Gunnison, AND LOCATION DIAGRAMS ESTING L AeORATORY Grand Junction.-WYO.-Rock Springs TEST HOLE NO. NI TOP ELEVATION 7H" 7-8 '2 - LeAR OR CAR;o -- -- ORpAN;c , ' — CLAy ••••aul — — . ::u� (c ) CLAY mon °; — _ (o<) — 6.YL .7 — - - F.YL — toes` IIGIIII — — sun- nrnui — Mo,sr Cu...,. — _5 — Y r••... rz — i $ft — SAmor ,111°,°I 1.4.20.9% SoB Lc iv "•'O1 47.23 6% 5� Alois T CGS BLis — woo 0 oA.ps :ur-u: t7 — .S'J O :: — — V{RYI_ODSE — s;4rr GPM* ; C^,i; — —1 ' 5teT. Co46<S — (G+o�6+ns) :51: ! — _ - P�RLY 6-RAOSb: j- _ Noar 1:0•:".•11 S;LTy GRAVit :4:4,:f",*. 4. W 'TgLN Gib '.«4: 1 j �e — _ .0 W:rR W°. /.6 0 — Leo O S 4i3�5i'i /�°=3.2 — 10— an-e lGRS .:25.;s:• ® REFeAs PL 1 -.- 'EFUSAL — — — I 15 — — i — I5J — t _ _ _ _ Y -y 20 = =— - 20— I — + — — — I 1 __ __ _ i 25 — — — — — 25— — — — — — -t • I — — — —I 30 — -f — 30-� w — w 35 — — — — 35-- _ — — — J Z — _ . 40 — _ — — 40— I — — — — — I— — — — — — a w _ — — — — 0 LINCOLN COLORADO: COLORADO SPRINGS , DRILLING LOGS ENGIM ERS• PUEBLO RAND JU CT'ION O, MONTROSE , J--- GEOLOGISTS WYOM(N3: ROCK SPRINGS --� 1 I II SUMMARY SHEET Soil Sample 1-EAN ORGANIC CLAY (O.4-) Test No. 36820 - G-. 5. cationCooP€R sr 6/44.4 1 4.09 CooPE,P ST./ASPBNCO Date //-Z,2 - Go , No. i-N ' / Depth It'(r7P.'OAL) No. Soil- TYPE N0. I Test by R !i'1- . Natural Water Content (w) 20. 9 % Specific Gravity (Gs) 2 . 59 In Place Density (To' pcf SIEVE ANALYSIS: Sieve No. 1 1/2" 1" °/0 Passing /oo Plastic Limit ?. ' Liquid Limit L. 25 O 15. 9 °Plastic?t ?..,:e./. /0. 9 o SKr; -4:ape _-i -_-__ . —20.9 % 3/4° /670 now Irce: 1/2" 93. 9 Snrinkcge ' .. • -_. °o 4 10 - — 20 7/ . 5 40 66./ 100 57. 5 MOlS T U ,t METHOD 200 50. / Ontimum Ma'; .-.. n- °—_So I Maximum !Dr D? _ •i pcf California 3e_n ::) .o ISwell' —Dc,; °o HYDROMETER ANALYSIS: Swell agai:st__ Na gain °'o I Grain size (mm) % BEARING: Nor AoEQuArg As 0.06 52 . 9 . roc'"?DAri oN I House) Pene;rc- :p v; so;L psf O.o2 3ff. 3 Unconfined Lan. .:_ : . (cu) psf 0.oa5 22 . 5 Plate Bearing: —.___— psf Inches Settle mar r . -.-_ IConsolidation tinder psf IPERMEABILITY K (at 20°C) I Void Ratio Sulfates 7-/000 -?m. • I i SOIL ANALYSIS LINCOLi`l-DeVO? E : - o LABORATORY COLORADO COLORADO I . . Soil Sample PoogL-Y GR,ao0,o SILTY G-,QA✓eL (G76.,AaTest No. 3682o as Pi i Project CooPeR sr HALE./ ¢o% CooPeR sic ASPENS Ca Date /1-12 - 80 Sample Location 7-H'°,2 a 9" Test. by P.k.1-. GRAVEL SAND SILT TO CLAY Coarse [ Fine Co. ( Medium I Fine Nonplastic to Plastic 100 MINIM= I ' ' I i,iu 1111111■�111tN i 9 o t1111na Ail ■ ' ,! : 2 , ' , i ',-,' 11111111111111111111M111111 ri-1 eo Iuuu■ua\II ■ T Lii__T- - ' .7—t1-7---- ' ; 1 I . 70I II IUSWI, I ' !I I ' ' HWn '_ 1 T 50 HII■■■ r--t--- ,1 . 111. 1 _:_ - b� I 30111MH� 7 - t j ; ' I = r t H1W � - r _ -ri �■ 0 UIQ : H ' i I it i s ,_ i - , 100 I I ttI 0 I 0-i J 01 'blame er- t; I 11'2" ? "T " #4 #10 #20 #40 #100 #20 ) - Si=';'=" No. Si ; .7a 3i2e. % Passing .i'ample No. 501.4. Ty,, fro. 2 ----- 1 _ Specific Gravity 2 . 59 1" /oo 3/4" 92.-8 Moisture Content 3.29,0 _ 1/2 " 80. 6 "' 66.8 Effective Size - o. 042 — 4 ¢T 8 10 _ 3*. Cu -i79 20 25.2 40 20. 5 Cc -- 5.4- _ I 100 / 5. 6 200 /2.3 Fineness Modulus 0.06 // .1 L.L. 21.3 % P.i. NP % O.02nM A . 9 BEARING 8 coo _9 pet 5 ulfete2 < /000 - PPm GRAIN SIZE ANALYSIS LINCOLN-DeVORE aESiING LABORATORY COLORADO SPRINGS, COLORADO • CoMPALTED • COMPACT O NAT/vc// SA47-• BACKFIL[. / NA-1-01 G EA2rH I p / / BACKFILL j j \\\\\\\ 7// \� \ j NN \7. /// \ \\ \ \\� �j/,� \ ' / .Po&Ysrn LENS F LM - oP To WALL \ // ///// t CARRY BENEATH DCA/N AS SHOWN- ,r // / \\ \ / \ \ SAND / \ //j \\ \\\a / Sane / \\ / � F/I-TE¢ li/d. FILrEG \ WAS-I_ GAVEL T \ \ ' GRAYCL //Float // \ Co--"roe - CoLLEGTO< \ F/LTEG/// T WALL \ GRAVEL LOLLECTO A=aor N/�/ ° .-'`=_ _ FLOOC oe>evC FLOOe / // r o o T �R' ""op`_:+ 7.00 00e % /I��/ / 0000-_ __ / 00obo /� / O 000- / / 00°D ° I .0:000 ' tilt: 00° ° .� - OO MIN.4S'AwAY I�✓ y MIN.45°AIUAY °o•o, Y MIN.{y'O A4,AY FLtM 4 ' .o ~ F¢O✓I wau. I4S -O A 45 - 88__//// - ` WALL. DEPTH ✓AR16 - 4j/ -N FCOM WALL. DEyIN _ u -M // NIIM. vA2�E1 �� lI YACIES ACOIND L A¢OPND BYILDING- 3,4 pctL PEer 'QQO UNO H✓/L OIw6• 34°z C"PEec BWEpvw4. M/N.V'- 3,4 oft 4."MM.I°. P.p . MIN.j,': / P.PE PIPE SPREAD FOOTING TYPE GrCADC BEAM TyPr F11-7-CIE FAB.e/C ALTtLNA7£ //% FILTEC FABCIC MAY SE ANY TYPE, //// 3/M/LAE TO CELAI+EsE Coe), 1-1/2AFl /40. /W9LL 1/ ////// FLOOR -- . • Do."oo° - m ° e e s° I, e o 0 0 0 • ° coos II MIN. AT°AWAY 4 - !..:111: � 0000 3o¢4"Peer F2oM WALL. -0... 0 v pe y� P/PE- GRRADE -H DEPTH YA¢/E5 �i f To O°TLET. II AROUND BV/LDIN4 / PoLvCrHYLEN& F/LM -A6ov6 MiN. Z': FILTE¢FA641L >t SELOW DCA IN. ilUNosJ2-SLAB, ,nrE'z/O2 nips NOTES: .Size of perforated pipe sand filter varies with amount of seepage expected. 4" diameter is most common. II .Gravel size depends on size of pipe perforations: 85% gravely 2 x diameter of perforation. .Sand filter must depend on native soil and must follow the Terzaghi-Vicksburg Criteria: f 1) 15 ° filter = 4+ 2) 15% filter < 4 3) 50% filter - 12 to 58 ll 150 base 85% base 50% base This is required for stability and length of filter life. The sand filter may be replaced with an approved filter fabric. il .All pipe to be perforated VCP, PVC or Orangeburg. .4" flexible pipe may be used to depth of 42 feet, but must be carefully graded. 3" flexible pipe may be used to a depth of 7 feet and should be carefully graded. .Rigid pipe only to be used below a depth of 7 feet below ground surface. il .All pipe to be laid at a minimum grade of 1.4% around building foundations. .Outfall to be free, gravity outfall if at all possible. Use sump and pump only if no gravity outfall exists. II .Conditions can vary considerably, and each site may be variable as to quality of sand or gravel required. All sites should be inspected to determine the amount and quality of sand filter required, unless a filter fabric installation is used as shown. 0 II . 1 1 TYPICAL SECTIG'.{S LINCOLN COLORADO: COLORADO SPRINGS , il L, DeVORE PUEBLO, GLENWOOD SPRINGS , PERIMETER DRAI., , FRENCH DRAFT ENGINEERS GRAND JUNCTION , MONTROSE , �_ GEOLOGISTS WYOMING: ROCK SPRINGS ----\ V Aspen/Pitkin -flainning Office 130 south galueivws,treet ,e aspen , cafe ° /. MEMORANDUM TO: City Attorney City Engineer City Water Department Aspen Sanitation District Aspen Electric Mountain Bell Rocky Mountain Natural Gas Housing Director FROM: Jack Johnson, Planning Office RE: Park Place Development Preliminary PUD Submission DATE: February 18, 1981 The attached letter and plat comprise the Park Place Development's preliminary PUD proposal . This application received a 1981 Commercial Growth Management allotment from the City of Aspen this past November and is now applying for the additional approvals needed prior to beginning construction. Park Place is scheduled for review by the Aspen Planning and Zoning Commission on March 17, 1981; therefore, please return any comments concerning the appli- cation to me no later than March 4, 1981. Thank you. PARK PLACE DEVELOPriENT COMPANY NAMES & ADDRESSES OF ADJACENT PROPERTY OWNERS • Bayly Corporation 5840 South Memorial Suite 313 Tulsa, Oklahoma 74145 Guido Paul Meyer P.O . Box 1799 Aspen, Colo . 81611 Golden Horn Building, Ltd. A Colorado Limited Partnership P.O. Box 4947 320 S. Mill Street Aspen, Colo . 81611 Aspen Sports , Inc. %Gale Spence $ John Oakes 408 East Cooper Aspen, Colo . 81611 City of Aspen 130 S. Galena Aspen, Colo . 81611 Pitkin County oCounty Administrator 506 E. Main Street Aspen, Colo . 81611