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HomeMy WebLinkAboutLand Use Case.727 W Hallam St.15C86-87 CASELOAD SUMMARY SHEET // City of Aspen to !I /a LL A DATE RECEIVED: SJaO '~/ PARCEL I,Dp AND CASE NO DATE COMPLETE: a7. '/� 7-30-o2/ T )6'1 STAFF MEMBER: fPROJECT NAME: Aga le e`f/ / Q SI ua/ _5Di/vs k F haI Project Addressfro_ ?Ia : • a ; . of .s' ' APPLICANT: C. N. C/e/'l) Applicant Address: '. 0. io - - : •e • . 1 . REPRESENTATIVE: APO 0 '/ Representative Addres'/Phone: 5 I ./� r / 'i • -8100 TYPE OF APPLICATION: Saha/iv- S/on POD r/net 7YaJ PAID: 411, NO AMOUNT: #900. 00 1 STEP APPLICATION: P&Z MEETING DATE: PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: /2 STEP APPLICATION: CC MEETING DATE: :S `"411Z"r7A PUBLIC HEARING: YES NO DATE REFERRED: "/ ' / ✓ NITIALS: AV REFERRALS: // City Attorney Mtn. Bell School District / City Engineer ✓ Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) ✓ City Electric '- Fire Chief Bldg:Zon/Inspect Envir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: // a D INITIAL j€(' City Atty 'l City Engineer / Bldg. Dept. Other: FILE STATUS AND LOCATION: CASE DISPOSITION AGATE COURT/VICTORIA SQUARE FINAL PLAT On June 29, 1987 City Council approved the Agate Court/Victoria Square PUD/Subdivision Final Plat, PUD and Subdivision Improve- ments Agreement, and Protective Covenants subject to the fol- lowing conditions: 1) Changes made to the final plat and the PUD/Subdivision Agreement by Council at the June 29, 1987 meeting shall be incorporated into the approriate documents. 2) A signature block for the City Attorney should be added to Subdivision/PUD Improvements Agreement. 3) The final plat, improvements agreement and protective covenants shall be recorded with the Pitkin County Clerk and Recorder' s Office only after those documents meet the approval of and are signed by the City Attorney and City Engineer. The PUD and Subdivison Improvements Agreement for Victoria Square and Final Plat should be referred to. Case Planner: Steve Burstein cd CASE DISPOSITION AGATE COURT/VICTORIA SQUARE FINAL PLAT On June 29, 1987 City Council approved the Agate Court/Victoria Square PUD/Subdivision Final Plat, PUD and Subdivision Improve- ments Agreement, and Protective Covenants subject to the fol- lowing conditions: 1) Changes made to the final plat and the PUD/Subdivision Agreement by Council at the June 29, 1987 meeting shall be incorporated into the approriate documents. 2) A signature block for the City Attorney should be added to Subdivision/PUD Improvements Agreement. 3) The final plat, improvements agreement and protective covenants shall be recorded with the Pitkin County Clerk and Recorder's Office only after those documents meet the approval of and are signed by the City Attorney and City Engineer. The PUD and Subdivison Improvements Agreement for Victoria Square and Final Plat should be referred to. Copies are in the file. Case Planner: Steve Burstein cd noun 540 mf 869 P.U.D. AND SUBDIVISION IMPROVEMENTS AGREEMENT 2 9 0 7 71 FOR SIIVIA DMMS VICTORIA SQUARE SUBDIVISION PITKIN CNTY RECORDER This P U.D. and Subdivision Agreement is made an�"7 �.3P into this J4 day of Ju �LerLte F9 run ASPEN, Colorado, ' 1987, by and between the CITY to a municipal corporation (hereinafter referred to as "City" ), and C. M. CLARK (hereinafter referred to as the "Owner" ) . R E C I T A L S 1. The Owner has submitted to the City for approval, execution and recordation, the final plat and development plan ( "Plat" ) of a tract of land situated within the City of Aspen, Colorado, legally described as Block 17, City and Townsite of Aspen, Pitkin County, Colorado, and designated as "Victoria Square Subdivision" (the "Subdivision" ) ; and 2. The City has fully considered the Plat, the proposed development, the improvement of the land, representations of the Owner, and the effects of the proposed development and improvement of land included in the Plat on other adjoining or neighboring properties; and 3. The City has approved all elements of the proposed development and imposed certain conditions and requirements in connection with its approval, execution and recordation of the Plat, such matters being necessary to protect, promote and enhance the public welfare; and 4. The Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by the City in approving the Plat; and 5. Under ode the authority of Section 20-16(c) and 24-8. 6 of the Municipal required assurance that tthe Cmatte matters hereinafter agreed to City Y has faithfully performed by the Owner; g will be W I T N E S S E T H: NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, mutual covenants herein contained, and the a and acceptance of the and the Plat for recordation byproval, execution Y agreed as follows: by the City, it is 63087 ,}- se \GL��/}-/7/y/ fL00 7 1 r/ /y/or / 7P4) /30 �- ye/J, Ai Co P/4 0\ Bog 54 PaGE8/0 I. GENERAL DEVELOPMENT PLAN The Subdivision as shown on the Plat includes the following elements: A. Fee Simple Lots. Lots 1 and 5 each may contain two- family dwellings, ( also known as duplexes) as shown and noted on the Plat and Lots 2, 3, 4, 6, 7 and 8 may each contain single family homes. B. Site Data Tabulations. The Site Data Tabulations attached hereto and made a part hereof as Exhibit "A" define and describe further and more specifically the allocation of the uses anticipated within the Subdivision. II. CONSTRUCTION OF IMPROVEMENTS A. Nature of Improvements. Owner hereby agrees to make and install the improvements to be contained within the development indicated on the Plat. The nature of such improvements shall conform to the schedule entitled "Victoria Square Subdivision Improvement Schedule" attached hereto and made a part hereof as Exhibit "B" . B. Construction Schedule. Owner anticipates that the several components of the project will be constructed generally in accordance with the following time frames: Development Commencement Date Substantial Completion Date Component (on or after) (on or after) Houses on September 29, 1987 May 29, 1988 Lots 3 and 4 Four houses May 15, 1989 November 15, 1989 on Lots to be determined Two houses May 15, 1990 November 15, 1990 on Lots to be determined C. Engineering, Geology - Surface Concerns. Owner shall construct curbs and gutters as required by the Construction and Improvement Schedule, plus new sidewalks along the entire project frontage on Seventh Street in accordance with the Landscape Plan prepared by Wetzsteon Design Associates, a copy of which is appended hereto and incorporated herein by reference, and recorded as a part of the Plat, hereinafter referred to as the 2 pooK 540 v4&871_ "Landscape Plan" . D. Paving. Owner shall provide and install paving for the alley in accordance with the Landscape-Site Plan attached hereto and incorporated herein by reference as Sheet 5 of 5 and referred to herein as Exhibit "C" . The west 30' of the alley shall be paved with brick pavers and shall be maintained, replaced and repaired from time to time by Owner. City shall not be liable for any damage caused by snow removal or other maintenance by City. A sign shall be posted at the west end of the alley stating "Service Vehicles Only. No left turn" . E. Drainage. There shall be an 8" culvert installed under the alley at the Sixth Street entrance in the existing ditch. The drainage runoff shall not exceed historic drainage runoff. Owner shall make appropriate remedial measures if drainage exceeds historic drainage runoff to install drywells to accommodate such extra drainage. F. Landscaping Plan. In accordance with Section 24-8. 16 of the Municipal Code, all landscaping shall substantially conform to the "Landscape-Site Plan" attached hereto and incorporated herein by this reference as Exhibit "C" showing the extent and location of all plantings and other landscape features, in appropriate relation to scale, species and size of existing plantings, proposed treatment of all ground surfaces (e.g. , paving, turf, gravel, etc. ) , and a planting schedule with names, sizes, quantities, and transplant information. Landscaping will be completed in a logical phasing sequence commensurate with the phasing of the improvements contemplated in the Construction and Improvements Schedule attached as Exhibit "B" . The Owner shall coordinate construction of landscaping with the City of Aspen Parks Director. Relocation of trees shall be accomplished by professionals using techniques acceptable to the Parks Director and shall only be moved after five days' notice to Parks Director. When foundations are located closer than three feet to the drip line of any trees, excavation and mitigation shall be done with approval and supervision of the Parks Director in order to provide for proper cutting of roots and installation of moisture barrier. Any tree that dies, due to its relocation or to excavation closer than 3 feet to the dripline within two ( 2) years of excavation shall be replaced by the Owner with a new tree not less than one-half the size of the original tree. Replacement shall be completed no later than one year after discovery of death. G. Vegetation of Disturbed Areas. Owner agrees, pur- suant to the provisions of the Landscaping Plan that during the course of construction any portions of the property which are disturbed shall, as soon as practical, be landscaped in accordance with the Landscaping Plan. 3 Foy 540 RzE872 H. Utilities Underground. City shall extend at City's cost the primary wire on 6th Street at a location off the alley for a new transformer, trench and pipe and wire. City shall purchase the new transformer, only if the City Electric Department determines that existing improvements require such transformer, otherwise Owner shall purchase the new transformer. Owner shall grant an easement to place the transformer on his property according to the Electric Department standards. The applicant shall also agree to pay for half of all primary installed material used and pay at the time of and as a condition to the issuance of building permit for all secondary connectors used in or on the transformer. All new utility systems constructed within the Subdivision shall be underground. I . Woodburninq Devices. The installation and use of any woodburning devices in the Subdivision will be in strict accordance with the requirements of Ordinance 86-5 of the City of Aspen, as in effect on the date of this agreement. J. Environmental Health. The Owner agrees to comply with the requirements of the Environmental Health Department with regard to air pollution, noise abatement and contaminated soils as set forth in Environmental Health Department Memo from Tom Dunlop dated March 16, 1987, a copy of which is appended hereto and incorporated herein by reference as Exhibit "D" . K. Condominiumization. Owner shall comply with Section 20-22 of the Municipal Code for any units which are to be condominiumized or shall not condominiumize such unit for a period of eighteen ( 18) months after issuance of certificate of occupancy. L. Demolition. Owner agrees to demolish all existing structures on the property and to complete all berming and landscaping on Seventh Street, sidewalks and curbing improvements as shown on the Landscaping-Site Plan within twenty-four ( 24) months of the issuance of the first building permit for the site. City may, in the event Owner fails to do so, apply financial assurances pursuant to Section X to complete all unfinished demolition and landscape improvements mentioned hereinabove. M. Improvement District. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the reasonable judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the above described property, Owner will make no unreasonable objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis 4 'our 5 .40 PAGE873 that the premises will not be served or benefited by the improvement or improvements proposed. Owner further agrees to join, upon the demand therefor by the City, any special improvement district and urban renewal district formed for construction of such improvements (including, without limitation, signage, drainage, undergound utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails, recreation facilities, parking, etc. ) , in the area of the above described property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. III NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER A. In the event the City determines that the Owner is not acting in substantial compliance with the terms of this Agreement, the City may issue and serve upon the Owner a written order specifying the alleged non-compliance and require the Owner to cease and desist from such non-compliance and rectify the same within such reasonable time as the City may determine and specify in such order. Within twenty ( 20) days of the receipt of such order, the Owner may file with the City a notice advising the City that Owner is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) whether the alleged non-compliance exists or did exist; or (b) whether a variation, extension of time or amendment to this Agreement shall be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, the City shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City for other such hearings. If the City determines by a preponderance of the evidence that a non- compliance exists which has not been remedied, it may issue such compliance orders as may be lawful and appropriate; provided, however, no order terminating any approval granted herein shall be issued without a finding of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variation has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of the approvals contained herein which are reasonably related to 5 POOP( 540 i GES?4 the requirements with which Owner has failed to comply. Alternatively, the City Council may grant such variations, extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances. B. In addition to the foregoing, the Owner or his successors or assigns may, on his own initiative, petition the City Council for variation, an amendment to this Agreement or an extension of one or more of the time periods required for performance under the Construction Schedules or otherwise. The City Council may grant such variations, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance indicated in one or more of the Construction Schedules if Owner demonstrates by a preponderance of the evidence that the reasons for the delay which necessitate said extensions are beyond the control of the Owner, despite good faith efforts on his part to perform in a timely manner. With respect to the Victoria Square Subdivision Construction and Improvements Schedule (Exhibit "B" ) , the Owner has made various assumptions, which the City hereby acknowledges and accepts, including the following: ( 1 ) Obtaining the appropriate construction financing within one ( 1 ) year from the date of receiving all final subdivision and P.U.D. approvals from the City; (2) Completion in an expeditious manner of the bidding, contractor selection, and implementation phases to meet the dates indicated; (3 ) Confirmation of the construction schedule by selected contractors; (4) Availability of the required labor and materials during each phase; ( 5 ) Sale of residences at a rate that would permit the phasing suggested in the Development and Construction Schedule. The City shall not refuse to extend the time periods for performance indicated in the Development and Construction Schedule or refuse to allow reasonable adjustments to the Schedule or the specifications if the Owner demonstrates by a preponderance of the evidence that the reasons for such extension or said adjustments result from the failure of such assumptions, unforeseeable circumstances, litigation, acts of God, or other events beyond the control of the Owner despite good faith efforts on his part to accomplish the same. 6 Bonx 540 FAGE875 IV. EASEMENTS, RIGHTS OF WAY, AND RELOCATIONS Utilities and Drainage. There is hereby established and dedicated for the benefit of the Public Utilities, and City hereby accepts, necessary easements for the location, installation and maintenance of utilities and the establishment and maintenance of drainage, as such easements may be specifically set forth on the Plat and Civil Engineering drawings. V. ACCEPTANCE OF PLAT; RATIFICATION BY OWNER Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the Final Planned Unit Development Plat for the Victoria Square Subdivision, and to accept the same for recordation in the Recording Office of Pitkin County, Colorado, upon payment of the recordation fee and costs to the City by Owner. For his part, Owner hereby ratifies and confirms each and every representation made in the application as well as the representations and public dedication made and set forth by Owner in said Plat. VI. OPEN SPACE AND COMMON AREA MANAGEMENT, MAINTENANCE AND USE The Plat designates the alley shown on the Plat as an alley adjacent to the separately designated Lots. Respective responsibilities, limitations, covenants and agreements regarding the management, maintenance and use of the berm and alley shall be as provided below. A. Common Area. The alley, including brick pavers, as described in this agreement and on the Plat shall be maintained in common by the owners of all of the Lots. Management and maintenance of the alley shall be the responsibility of a collective homeowners ' association consisting of the owners of all of the Lots, pursuant to provisions as shall be set forth in recorded covenants providing for such policies and procedures governing the use and maintenance of the alley. These covenants may provide for necessary budgets and financial reserves to be assessed against homeowners ' association members, and shall insure permanently the fit and proper maintenance, repair, replacement and enduring first rate safety and quality of the alley. Responsibility of the homeowners ' association in this respect may be contractually delegated by it to a private property management company, to independent contractors, or to a salaried employee of the homeowners ' association. The following shall, as well, apply to the homeowners ' association hereinabove 7 POOH 540 P4OE876 referred to: ( 1 ) Formation. The homeowners' association shall be fully formed and established by the Owner prior to the sale of any lots within the Subdivision and pursuant to applicable statutes governing the formation of Colorado not-for-profit homeowners' associations. ( 2) Documentation. Operative documents for the homeowners' association shall include Articles of Incorporation, By-Laws, and rules and regulations. The homeowners ' association shall have the duty to enforce such protective covenants as will be recorded by the Owner for the purpose of preserving the architectural and aesthetic compatibility of the entire development and its component features. (3) Membership Mandatory. Membership in the home- owners ' association shall be mandatory for each owner and shall be automatic upon the recordation of any instrument transferring a legal ownership interest (excluding standard security interests) in or to any of such lots. (4) Assessments and Liens. The homeowners ' asso- ciation shall have the power to levy assessments which will become a lien on individual Lots for the purpose of paying the cost of operating and maintaining common facilities. ( 5 ) Board of Managers. The board of managers of the homeowners' association shall consist of at least three (3) members who shall be owners within the development, after a majority of the lots have been sold. The Owner shall record covenants reflecting the above described responsibilities, purposes and powers of the homeowners' association. In the event the homeowners' association (or any successor organization) shall at any time fail to maintain the alley in accordance with such covenants, the procedures and the rights of the City more particularly described in Section 24-8. 19(b) of the Aspen Municipal Code, which is hereby incorporated by reference as if set forth verbatim herein, shall then and thereupon go into effect and apply. The Owner further acknowledges that the procedure set forth in Section III, above, pertaining to the procedure for default and amendment of this Agreement shall not be required with respect to the enforcement and implementation of common facilities maintenance as set forth and required by Section 24-8. 19(b) . 8 BOOTS 540 RRGE81 1 VIII. WATER AVAILABILITY The City agrees, on approval of this Agreement and the Plat, agrees through its water department, to continue to supply water consistent with ::he proper servicing of the needs of the improvements to be constructed in the Subdivision. IX. SEWER AVAILABILITY The City agrees, upon approval of this Agreement and the Plat by the Metropolitan Sanitation District, that sewer services are satisfactory to City for the development shown on the Plat. Owner agrees that if an' existing sewer lines are to be abandoned to physically disconnect such sewer line from the main in accordance with City Wa :er Department policy for the abandonment of sewer lines. X. FINANCIAL ASSURANCES Pursuant to Section 20-16(c) and Section 24-8. 16 of the Aspen Municipal Code, Owner hereby agrees to provide a guaranty in the sum of $58, 846.0( , which sum represents the estimated cost of 100% of the cost of paving the alley, curbing and sidewalk and 125% of that portion of the Landscaping Plan including the cost of demolition for which the City, through the City Engineer, has requested financial assurance. That portion of the Landscaping Plan for which financial assurance has been requested and which hereby is agreed to be given is described in Exhibit "E" attached hereto and made a part hereof. The guaranty to be provided by Owner shall be in the form of an irrevocable letter of credit from a responsible financial institution. Said guaranty shall be delivered to the City prior to the issuance to Owner of a building permit for the aroject, shall be in a form acceptable to the City Attorney and t; e City Manager, and shall give the City the unconditional right, upon default by the Owner, to withdraw funds as necessary and uion demand to partially or fully complete and pay for any of such improvements or pay any outstanding bills for work done thereon py any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any existing improvements damaged during the construction of new improvements or deterioration in improvements already constructed before the unused remainder ( if any) of such guaranty is released to Owner. As portions of the required improvements are completed, the City Engineer shall inspect them, and upon approval and written accaptance, he shall authorize the release from the guaranty delivered by Owner; PROVIDED, HOWEVER, that ten percent ( 10% ) of the estimated cost shall be withheld until all 9 Feu 540 rAGE878 proposed improvements are completed and approved by the City Engineer. It is the express understanding of the parties that the procedure set forth in Section III pertaining to the procedure for default and amendment of this Agreement shall not be required with respect to the enforcement and implementation of financial assurance and guaranties to be provided by Owner as set forth above and required by Section 20-16(c) and 24-8. 16 of the Aspen Municipal Code. XI. MISCELLANEOUS A. The provisions hereof shall be binding upon and inure to the benefit of the Owner and City and their respective successors and assigns. B. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. C. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstances is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. D. This P.U.D. and Subdivision 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 all parties hereto. E. Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. F. The parties agree that this P.U.D. and Subdivision Agreement for the Subdivision shall be recorded by the City in the Pitkin County, Colorado real property records. G. Notices to be given to the parties to this Agreement shall be considered to be given if delivered or if deposited in the United States Mail to the parties by registered or certified, return receipt requested, mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: 10 Bow( 540 P4GE879 CITY OF ASPEN OWNER: COPY TO: City Manager C. M. Clark Douglas P. Allen 130 S. Galena Street P.O. Box 566 530 E. Main St. Aspen, CO 81611 Aspen, CO 81612 Aspen, CO 81611 H. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described in Section I hereof and any and all owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. Upon conveyance of the property described herein, the Declarant may, by document recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, name a successor declarant whereupon such successor declarant shall succeed to all the rights and obligations of the Declarant hereunder. I. Owner represents and warrants that he is the fee title owner of the subject parcel with full authority to enter into this agreement, and that any and all persons, firms or entities having any lien, encumbrance or interest in the property have consented to the dedications, restrictions and conditions of approval set forth herein, and that the agreement shall not be recorded in the Office of the Pitkin County Clerk and Recorder, nor shall any of the approvals granted herein take effect without the written consent (or subordination, if applicable) of any such persons, firms or entities. J. Owner hereby ratifies and confirms each and every representation made and set forth by owner in its application dated May 6, 1986, and all written submittals and representations made in connection therewith to the Planning and Zoning Commission and City Council, which applications and representations shall be deemed to be made a part of this agreement and to be incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have signed on the date indicated, in full understanding and agreement to the terms and conditions hereof. CITY OF ASPEN a Colorado unicipal Co ••.oration / S % �e By: 4 pr der �' Kathryn S/ Koch, City Clerk Wi • am iri 'g, Mayo i . C. M. `Cl . k/Owne 11 BOOK 540 gzE880 APPROVED AS TO FORM: ail ,AQQ__ A• Rpc_c_k_ • Ci y ri&ccsj;rney .TATE OF COLORADO ) ss. COUNTY OF PITKIN n/-- day fore o' g instrument was acknowledged before me this y of 1987, by William Stirling, as Mayor, and Kathryn S. Ko , as City Clerk of the City of Aspen,: a Colorado municipal corporation. ..0.1'i,' :'s WITNESS my hand and official seal. Not y Publif � Add ess: / _.i. .i/i' %i, STATE OF COLORADO ) ss. 01C0 , COUNTY OF PITKIN ) o . The foregoing instrument was acknowledged beforetmeY this. ,'9 day of TA , 1987, by C. M. Clark. ir WITNESS my hand and official : al. � r My commission expires: lye ' Notar' ubli� Address: Vincent J.Hlpene/Notary Public My Commi.eion expires 12/26/90. 801 E.Hopkins Aspen,Colorado 81611 12 BOOK 540 N46E881 EXHIBIT "A" SITE DATA TABULATION* LOT NO. ACRES BLDG. FOOT PRINT SQ. FT. Lot 1 0.2066 3384 Lot 2 0. 1374 2250 Lot 3 0. 1377 2256 Lot 4 0. 1377 2256 Lot 5 0. 1377 2256 Lot 6 0. 1377 2256 Lot 7 0. 1374 2250 Lot 8 0.2066 3384 *Site coverage of structures is limited to 37. 6% of each lot. Landscaped area shall be not less than 54.0% of total lot area. Landscaped area is defined as area open to the sky on the property excluding the driveway and paved parking apron, but including such site features as walkways, all yard and patios. BOOK 540 GE883 - - •,--_,1-7L0 SEVENTH tYN T H STREET TREET — _ _n I • I e,.. , ( lb \- _ . --- RF (.4 ‘l SIIM P ' ‘---(r - woos no IIILIL - (r . ; i ily 1 II!! . MU 11::11 t, • I: I ilfj it ': I P P 1 i 1 ,10111I 11114111 i' ! : 1 q r ... \ • . lin I: I Id I i I rir ) . ( ti Ill II iln i i li I:H ) 1, ) . I f!rill ':, !„ i Vain wig i! ir , MO .. _ i, • 0 1 —T. ,, I i . . , 2 , , 1 . i s! ail . ill _, .. I 11 . .. = 1 I 11 f . - - 1 , . , ; LE ' ° I ... . . \,_ al: 'I -- 1 IQ-I.-, 1 ... -, : 'INT.. 4 0. . 1 rifiiiil Pp II 1 a - - i offi Nil P - t,\L'/A/ I '-I ./I___ I 1111" i i pi oafs is !Uhl • i i, . J i ''' I r-, i••'•' •-• i .... II I f 14. gal I \\VP- ( s --J i :I- . I i ! ,o a i )2 V I I 41 1111111114 I WV i • f: ',.. '- :i II I a 4,7:..I,' I I ' if ' 77.1 -, H I H T H tTREFT 1 li '4 oi; H mill; giumpirm7 i I ill oh, ir Ng mi 11115;1711;3=m, I g , -/ i ;11 i 1 i•--ii-- '—----i - — . 1 sl i 1 I I --• -— — t ICNDtf I IIII — l' I i I I 1 1 1 1 I VICTORIA SQUARE 1 X- Aspen,Colorado IIIIIII MEMORANDUM TO: Bill Drueding FROM: Steve Burstein, Planning Office RE: Compliance with Conditions of Approval: Victorian Square Lots 3 and 4 DATE: July 23 , 1987 VICTORIAN SQUARE LOT 3 COMMENTS: In review of the building permit plans we have the following comments: 1. Plat for. the Victorian Square Subdivision/PUD has been recorded. 2 . Financial assurances required in the approval have been submitted to the satisfaction of the City Attorney' s Office. 3 . Please submit to the Planning office a record of the date of issuance of the building permit because that day activates the 24 month period after which all landscaping and demolition of existing structures shall be accomplished. 4 . The Landscaping Plan requires: "When foundations are located closer than three feet to the drip line of any trees, excavation and mitigation shall be done with approval and supervision of the Parks Director in order to provide for proper cutting of roots and installation of moisture barrier. Any tree that dies due to excavation or relocating closer than 3 feet to the dripline within 2 years of excava- tion shall be replaced with anew tree no less than one half the size of the original tree. Replacement shall be completed no later than one year after discovery of death. " Bill Ness should be notified prior to excavation near trees #15 and 16; and his approval of the excavation and mitigation, including moisture barrier (is moisture barrier included in building plans?) should be reported in writing to the Building Department. 5. "Landscaped area" , defined to include green space and walkways are required to meet 54% of the lot area. This require- ment does not appear to be met. 6. Please check the 1 space/bedroom parking requirement for the house. LOT 4 COMMENTS: 1. Comments 1, 2 , and 3 above apply. Victoria Square Lots 3 & 4 commments Page 2 (Continued) 2 . Comment 4 above also applies to the 14" diameter spruce tree to remain. Permission was given through subdivision approval for removal of the 12" spruce tree. 3 . "Landscaped area" on Lot 4 also appears to be deficient. I calculated a rough take-off of the landscaped area, arriving at 2750 s. f. or 46% of the lot area. 54% of the lot area is- 3 , 2405. f. 4 . Height of west elevation appears to exceed code require- ments. For your information, no height or any other area and bulk variations were approved by City Council. Bill, you should read the P.U.D. and Subdivision Improvement Agreement for Victoria Square Subdivision and look at the plat on file with the Engineering Office. sb.vs f1 + e1iI Ness PaYNJ Ulfgct0( I.,M le --t--- ---- • ?` 11.95 I(Z2)oJ I I M1 4°A" • II A° 1 ••I2i allirj;ICI'd1) 0 VIP e a . ...._,,,_ U,C4 QS 301 I1 , ; IJ4( i}74,01 Mcac, IMO 110 ?913 �. 3,,„ •I Z.-74■ I 11151 41.1.7\ -....... - \ (4 e134+i ter. 4t i \\ • ( `1'�" ) �4° - w,ask. -•(5(l,�' .—, �13 bi coci� W, 1 t, - 13,E• @ 41 .40 S ow 45 'N L'TW ,_41 R �,a� g` walls ��►'8 ?°114 vl� L1 aE{oW '-11vfGrlt °fr Poor Mr) — -- — — M 21K1LNslet-I -.- . 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REVISIONS PROJECT ISSIE DATE DETAIL AWETZSTEON A N1MBER so, 14167 NE 11BER DRAWN BY DESIGN ASSOCIATES A A '( ... . 1114.41 791 Sri _ ____ _ _ _ _ _. ___. ,...._ ______ 7115 \ �� is (19'-1) 15.t9 • 44,10 c5d0.0 • '& UV • - RM 4A-- 5.8 0 _ — — _ _ OKs ---- �— ifilk _____ _____ –if 14.33 •i 4.Ut a 0 C j A ¢I • • 11194 _ 14.7I 4.4J gra I 7917 711 .F7 7911.97 r pl &X- FOL Ca e.4JlATNti MAXI MLJh1 21 Greet 1-if.J 4.411 °SkOM or1 Eaysty caAptF, bit MitttiNr or rtsa°r NtkiNT (avg. G Z'S') INsc-o V REVISIONS PROJECT ISSUE DATE DETAIL D SIGN WETZSTEON Q Q NUMBER 1( 34 1[1b7 NUMBER ASSOCIATES Q DRAWN BY 0 114 Ili 4,u1 70114.1E —r— _ _ - - - 1115,0-- -__ — —— — 291f. 5,3I • 4.5•1 -14 5.li5 5, 0 • • X5.13 • 5.13 8i- X5,91 +1 40.81 '70 __ - - - - lr -711 — 10,IL IG,I'1 0,20 lir U.¢3 I/o.44 r.•45 • • let+I , • 7111 • V• I 11,01:.- 7.917_11.13 71157 7911.07 KtY pLAH raiz GAI.C.tJLATINIlo Max,MUt✓I izicr4 , k41441.415 ep667 oM 6.4i$T Nli &IAy1. DIt4 -fry 12Z•06`1 act, LANs C6 01) "-101 or f->� DESIGN REVISIONS PROJECT ISSUE DATE DETAIL WETZSTEON Q A NUMBER pot 3O, 1167 NUMBER ASSOCIATES Q Q DRAWN BY-r vJ MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr. , City Manager FROM: Steve Burstein, Planning Office RE: Agate Court/Victoria Square Final Plat Parcel ID# 2735-124-30-001 DATE: June 29 , 1987 APPLICANT: C. M. Clark LOCATION: All of Block 17, Townsite and City of Aspen (Lots A, B, C, D, E, F, G, H, J, K, L, M, N, 0, P, Q, R and S) . PARCEL SIZE: Approximately 54 , 000 square feet. ZONING: R-6 (PUD) . APPLICANT'S REQUEST: The applicant is requesting approval of the final subdivision and PUD plat for the redevelopment of Block 17. This proposal is for the. demolition of all existing struc- tures and resubdivision of the property into six (6) single- family lots and two (2) duplex lots. Reconstruction credit for the existing Agate units would be used to build the ten (10) new dwelling units. SITE DESCRIPTION: The site is located off Highway 82 (Seventh Street) between Hallam and Sleeker Streets. Currently the Agate Lodge, accompanying cabins and two single-family houses occupy the site. A number of mature evergreen, cottonwood, aspen, and flowering fruit trees grow on the property. SURROUNDING ZONING AND LAND USES: To the north, south and east is the R-6 zone district; and across 7th Street to the west is RMF. An apartment building is located north of the Agate; the Stallard House is to the east; and single-family houses are to the south. PRIOR COMMISSION AND COUNCIL ACTIONS: The Agate Conceptual Subdivision/PUD was first recommended for approval by the Planning and Zoning Commission on June 4, 1985 and approved by City Council on August 12 , 1985. The preliminary plat, required to be submitted within six (6) months of conceptual approval, was not submitted within the code established timeframe. Therefore, conceptual approval expired and was heard again by P&Z on July 22 , 1986 and approved by City Council on August 25, 1986. The Preliminary Subdivision and PUD Plat was approved by Planning and Zoning Commission on April 21, 1987 . APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Section 20-14 of the Subdivision regulations sets forth the procedure for final plat submission. Section 20-15 lists the necessary contents of the final plat. The final Planned Unit Development plan procedure and contents are described in Sections 24-8 . 11 and 24-8. 12 respectively. PROBLEM DISCUSSION: A. Referral Comments: 1. City Attorney: The City Attorney, Engineering Depart- ment and Planning Office met on . June 16, 1987 to discuss review comments on the PUD and subdivision improvements, protective covenants and the final plat submitted. Subsequently, changes to those documents were suggested by the City Attorney to the applicant which were incorporated into the documents before you. Because the City Attorney is out of town, he has not had the chance to give a final review of the documents for content and form. It is appropriate that this be accomplished prior to signing of the final plat; and the City Attorney' s Office stated they will work to accomplish this. 2 . Engineering Department: Elyse Elliott stated in a memorandum (attached) that the financial assurance of $58, 846 for landscaping, curbs, and alley improvements and for demolition and the plat information are satisfactory. 3 . Parks Department: In discussions with Bill Ness, refinement of the landscaping section of the Agreement was worked out, as agreed to by the applicant. Bill also commented on saving tree #27 as discussed on Page 5 below. 4 . Electric Department: Don Gilbert wrote a memorandum (attached) to clarify the reasons the owner is being asked to be responsible for the electric improvements. The applicant has agreed to take on these responsibili- ties, as demonstrated in Section II. 4 of the Agreement. PLANNING OFFICE COMMENTS: The conditions of Council 's Agate Court conceptual_ approval= (Attachment A) served to guide the preliminary plat application. In turn, the more detailed preliminary plat submittal and 2 conditions of P&Z ' s preliminary plat approval (Attachment B) were the basis for preparation of the final plat. Staff has worked closely with the applicant to develop the final plat and subdivision/PUD agreement. We believe that both of these documents are very close to an acceptable final form. Summarized below are some of the major components of the agree- ment. We will be prepared at your meeting to discuss in detail any aspect of the project mentioned below or within the documents submitted by the applicant. Summary of Final Plat Submittal 1. Construction Schedule: Construction of two single- family houses will begin this summer; four houses will be built in 1989, and two houses would be built in 1990 (see Section II on Page 2 of the Agreement and Exhibit B. ) 014St. 2 . Sidewalks and Alley: Sidewalks and curbs ) will be N constructed along the entire project frontage; and the alley will contain a 14 ' wide pavement. The western 30 feet of the alley, which extends to 7th Street through the landscape buffer area, will be paved with brick pavers and shall be maintained by the applicant. The City will be responsible only for snow removal through the alley. The drive-thru function of the alley would be limited to service vehicles only and left turns would be prohibited, with signage posted to this effect (see Section II.0 and D on Page 2 and 3 of the Agree- ment. ) 3 . Landscape Plan: Major features of the landscape plan include: saving 27 trees in their existing location, moving 8 trees elsewhere on the property, cutting down 1 tree and planting 17 new trees on the property and adjacent rights-of-way. Excavation cannot be done closer to existing trees than the extent of the "dripline" . Any tree that dies due to close-in excavation must be replaced by a tree half the size of the original tree. A 6 foot high berm, to be irrigated by a sprinkler system, will extend along the 30 ' wide buffer area along 7th Street (see Section II. F on Page 3 of the Agreement and landscape plan, Sheet 3 of the Plat. ) 4 . Electric Improvements: The owner will be responsible for several improvements to the electric system -(including extension of a primary wire and purchase and installation of a transformer) which will service this project (see Section II.H on Page 4 of the Agreement. ) 3 5. Demolition: All existing structures on the property will be demolished within twenty-four months of the issuance of the first building permit, anticipated for July, 1987 (See Section II.L on Page 4 and Exhibit "B" , ) 6. Homeowners Association Responsibilities: A Victoria Square homeowners association will be established. Among it's responsibilities are: maintaining the berm and alley and review of architecture according to guidelines by an architectural control committee. The guidelines address the building materials, roof lines, orientation, massing and ornamentation. The roofline guidelines encourage steep roof pitches (12/12) . The architectural theme, as shown in the elevations of the two duplexes on Lots 1 and 5, would have some Victorian characteristics (see Section VI on pages 7 and 8 of the Agreement, the Protective Covenants for Victoria Square and sheets 4 and 5 of the plat) . 7 . Financial Assurances: The owner will provide an irrevocable letter of credit for a sum of $58, 846 to cover landscaping, alley construction, sidewalk, bus stop, culverting of a ditch, and demolition (estimated to cost $0 given salvage rights) (see Section X on page 9 of the Agreement and Exhibit E. ) 8. Height Variation: A height variation to allow a maximum of 28 ' for roofs having 12/12 or more steep pitches would apply to lots 1, 3, 4 and 5, provided that the high ridge is no more than 30% of the total ridge distance and an equal or greater ridge distance would be equivalently lower than theehigh ridge (using 25 ' as the base of measurement) . The Code establishes a 25 ' height limit in the R-6 zone district. However, PUD provisions allow for a height variation. It should be noted that the elevations for the duplexes on lots 1 and 5 submitted as part of the PUD plan do not utilize this provision. (See Plat Note *Lon sheet 1 and sheets 4 and 5 of the plat) . 9 . Site Coverage and Landscape Area: Maximum allowed site coverage for any lot in the subdivision is 37. 6%, while landscaped area shall be a minimum of 54% of each lot (see plat note 4 on sheet 1 of the plat) . "Landscaped area" would mean the area open to the sky on the property excluding the driveway and parking apron, but including such site features as walkways, back yards and patios. These parameters were established in the preliminary plat approval to help compensate for the - height variation and in general to encourage the 4 development to be in keeping with the character of the West End residential neighborhood. Issues Staff finds that the final plat documents substantially comply with the conditions of preliminary plat approval and the require- ments of final subdivision/PUD plat. A few outstanding issues are discussed below. rottiopyi- 1. Tree #27: A mature cherry tree is located near the eastern property line of proposed Lot 2 . A preliminary plat condition of P&Z 's approval reads: "Tree #27 on Lot 2 shall also be retained in its present location, having a dripline approximately 15 feet around its F trunk. The applicant would like to place the building envelope closer than 15 feet from the tree. After discussing the situation with the Parks Director, staff believes that it would be reasonable to allow the footprint within 12 feet of the tree trunk, as approxi- mates the dripline radius defined by the major limbs of the tree. An on-going problem in the neighborhood is the loss of mature, healthy trees. One of the chief concerns in conceptual review, as well as preliminary review, was to save the significant trees in their current places on the Agate block. As preliminary approval stands, eight trees, 6-7" caliper, would be relocated, some of which probably will not survive. We believe that this is a significant tree, since it forms a triangle of healthy large trees with the two spruce trees to be saved on lot 3 , and it is close enough to the proposed lot line to not unreasonably restrain the lot 2 footprints. In addition, the 54% landscaped area parameter of the project should be used where necessary to save existing vegetation. Staff recommends that the building envelope on lot 2 should be no closer than 12 ' from the trunk of tree #27. 2 . Architectural Review: The PUD provisions require architectural review for reasons "including to promote preservation of the visual character of the City. . . " (Section 24-8. 15) . Several changes occurred to the elevations of the duplexes between preliminary and final plat submittal, including building height, placement of windows, and use of flat roofs. While in general, there is no substantial or very detrimental deviation in the current elevations - based on a review of the drawings by the Planning and Zoning Commission Chairman - we would like to be able to monitor the evolution of the duplex designs. Given the hurry to finalize the subdivision, and the nature of the minor changes hoped for to keep the architectural quality at 5 least as high as shown in preliminary plat drawings, staff suggests that the applicant be required to show staff all elevations of the duplex structures on lots 1 and 5 prior to issuance of a building permit. 3 . CITY ATTORNEY APPROVAL: A signature block should be provided on the subdivision agreement for approval as I to form by the City Attorney. This would ensure that I the City Attorney has the opportunity to review all of the final language of the agreement prior to signing of the plat. RECOMMENDATION: "Move to approve the Victoria Square PUD/Sub- division Final Plat, PUD and Subdivision Improvements Agreement for Victoria Square Subdivision, and Protective Covenants for Victoria Square subject to the following conditions: 1) The plat shall be revised to place the building envelope on lot 2 no closer than 12 ' from the trunk of tree #27 . 1. 4011/4" ) A statement shall be added to the agreement stating that prior to issuance of building permit the owner shall submit to the Planning Office all elevations of the duplex structures on lots 1 and 5 for a check of substantial compliance with the approved architecture. No building permit should be issued until the Building 0:^�i,,✓k.) Department receives a statement in writing from the Planning Office that the elevations substantially 14PV"14 comply with the approved architecture. 3) A signature block for the City Attorney should be added to subdivision/PUD Improvements Agreement. 4) The final plat, improvements agreement and protective covenants shall be recorded with the Pitkin county Clerk and Recorder's Office only after those documents meet the approval of and are signed by the City Attorney and City Engineer. CITY MANAGER'S RECOMMENDATION: SB.AGATE rlt , j-�. : r 1 i;7." Iv f./r,,' 6 from Agate Court Preliminary Plat Submittal ( Changes made due to conditions of P&Z approval in preparation of Final Plat not shown ) ;, ` MAMBO BO , '' Mill qit I I.u i If'aM�®� : ::a 1i it a l ® \ i�: S z i ::°Ii I C��.. Na fern z " .i l s �;r � Dais I o '+ ,_ Ls _._ . . ._—_ I� L.. 1 n t r- o y CA c !4 \ � .1 /il ''�" —P-----1"L- t 7 L_._. _ ._ . C' riaiIci 11 III i (.2 ' m i� cl Ir ; � • „ Jai - 9 t ~�� \ . a ' P __?,,IIG%=_ 4 Ali . J• /A'` v ` 4v 1 t` ' 7 7,-/t:i i i 1 p .. •:r.:r.:::••aa n J i i e ?�6:.[ i x 2 S I X T H S T R E E T i i 1 s Ei: c .........lx .....:{Fii...::: i i n s:!D ill ninceiain xa eecae000ceoaavv_oovocca ( d ! li a 19 i ti ixnnnannn i ii,,Fzi9;i"n"nSSiiiiii___ I t i ni i I; i5 Erin psi Aiiiiiiplii naaa» 53i ; ? [ ` 1i i 9 n i a a i I � �a e ' ? l I ; `I 1-1 1. 1°D°°°°°.�°)11titI',11 A G A T E C O U R T I I I I \Ai—. ...Ir,..,1,., yewcd by: lisp,;,.,., Attachment "A" Co unci ), M J�t< <onCa P7of I . On '}tv,inli n 14.56 P442 N.-CGT1n1.. Akr (.'!YV A L A Iti1 rcjic.N4w'�eu�; C) I i i n'n.�Ltn.n?a p'„r:.) '�et-0) _ 777 nM Au,n 15 -193G Ctronvs.J r*tiw , ravl-41o' rt Gc, uPi�/�i,.�,�v ; n.�41 1.. The Applicant shall provide a landscape plan meeting the requirements of Sections 24-8 . 9 and 20-12 of the Code. Included within said plan shall be a design which shall significantly increase the landscape buffer along 7th Street so as to provide relief from the noise of traffic for the residents and so as to better screen the view of the units from the highway.. The Applicant shall entirely move the duplexes off Lots A and R, and may request setback variances to accomplish the intent of no development on the highway side, but a total of ten (10) units being approved on the site.. 2. The Applicant shall relocate any structure which would have required the removal of a tree which cannot be replanted and demonstrate that all trees considered significant by the Parks Director are retained in place or shall be relocated on the site.. The Applicant shall show building footprints for all ten (10) units at the Preliminary Plat stage. 3.. The Applicant shall provide for alley access for all ten units within the project and alley access for trash removal, and the project shall have no curb cuts on either Hallam or Sleeker Streets.. However:, flexibility shall be given in the review of driveways and footprint locations at the Prelimi- nary Plat stage if it can be demonstrated that said flexi- bility is the only way to retain the most important trees on the site.. 4.. The Applicant shall contact the Fire Department to the necessity of keeping the alley open must be the department indicates in writing that the alley kept open, then the Applicant shall agree to place a no left turn sign at the exit to 7th Street.. In the absence of such a written statement, the Applicant shall alter the design to show no exit or entrance for cars along 7th Street, a properly designed turn around at the end of the cul-d-sac, and a continuous landscaped berm in this location.. 5 . The Applicant shall revise the design of the "auto courts" such that the driveways are narrowed to approximately 26 ' , in accord with the recommendations of the Engineering Department, but shall _also insure that the alley continues to provide adequate area for service vehicle access.. ,. ..c 6. The Applicant shall provide details on the internal makeup of the two duplexes so as to insure that one parking space )' is provided for each bedroom within the project.. 7 . The Applicants shall provide a bus stop at the corner of Seventh and Sleeker meeting the specifications of RFTA, and shall provide a sidewalk for the length of Seventh Street.. 8. The Applicant shall demonstrate compliance with Section 20- 22 for any units which are to be condominiumized, or shall simply not condominiumize any unit for a period of 18 months after its occupancy.. 9.. The Applicant shall meet the setback and height limitations of the City Code as indicated by Bill Drueding in his review lu DcrAT 4 10.. The Applicant shall meet the conditions for water service outlined by Jim Markalunas in his letter to Douglas Allen dated December 17 , 1984. 11 .. The Applicant shall submit a preliminary plan within six months of the date of conceptual approval by Council, as required by Section 24-8.9 of the Code or this conceptual approval shall expire.. 12.. The Applicant shall agree to join any Special Improvement District formed in the future that effects this property.." ATTACHMENT "B" CONDITIONS OF AGATE COURT PRELIMINARY SUBDIVISION PUD APPROVAL BY P&Z ON APRIL 21, 1987 1) A final plat shall be recorded with the Pitkin County Clerk and Recorder' s Office meeting the requirements of Section 20-15 and Section 24-8. 12 of the Municipal Code, including names and addresses of adjacent property owners, landscaping plan, and elevations of the duplex structures on Lots 1 and 5. 2) A subdivision and PUD agreement shall be recorded with the Pitkin County Clerk and Recorder' s Office as meets the requirements as to form of the City Attorney prior to recordation of the plat. 3) On the final plat, the following items shall be shown: a. Building envelopes describing the outer possible location of footprints on lots 2 , 3 , 4 , 6, 7 and 8 shall be shown on the final plat no closer than the driplines of significant trees that remain in their present locations. Tree #27 on lot 2 shall also be retained in its present location, having a \ drip line approximately 15 feet around it trunk. b. The ,nth Street sidewalk shall be shown to jog at least six feet to the west of the trunk of trees #4 and #5, requiring a minor reconfiguration of the landscape berm. c. The landscape berm along 7th Street shall not exceed 6 feet in height. d. The alley entrance onto 7th Street shall be narrowed to paving width not to exceed 14 feet. Signs shall be posted stating "For Service Vehicles Only. No Left Turn" . The alley exten- sion shall be surfaced with pavers. e. A bus stop area, bu stop and curb cut shall be provided as meets RFTA' s requirements. f. The height restriction of 25 ' shall be allowed by vary to a maximum of 28 ' , for roofs having pitches of 12/12 or more steep, according to the calcu- lation of height in Section 24-3 .7 (g) of the _ Municipal Code. Where the height variance is utilized the length of the ridge which exceeds the Code height shall (1) not exceed 30% of the total of the ridges for the house including the longest dimension as measured along the perimeter of each flat roof and (2) where the ridge height variance is utilized, an equal or greater length of ridge shall be included in the design at a height that is an equal amount less than the amount by which any ridge exceeds the Code height limitation. All other area and bulk requirements in Section 24-3 . 4 and parking requirements in Section 24-4 shall be adhered to. g. Site coverage of structures shall be limited to 37 . 6% of each lot and landscaped area shall be a minimum of 54% of each lot, as approved by the Building Department prior to issuance of building permits for individual lots. This site data shall be stated on the plat and in the subdivision/PUD agreement. 4) Within the Subdivision/PUD agreement the following items shall be addressed: a. The applicant shall agree to follow the require- ments of the Environmental Health Department with regard to air pollution, noise abatement, and contaminated soils as stated in Tom Dunlop' s memorandum of March 16, 1987 . b. The applicant shall agree to physically disconnect any old water or sewer line from the main, in accordance with the City Water Department's policy for the abandonment of old sewer lines if new lines are to be installed or existing liens to be abandoned. c. The applicant shall agree to extend the primary wire on 6th Street at a location off the alley for a new transformer, trench and pipe wire, buy the transformer, and grant an easement to place the transformer on his property according to the Electric Department standards. The applicant shall also agree to pay for half of all primary installed material used and pay for all secondary connectors used in or on the transformer. d. The applicant shall agree to joining any Special Improvement District formed in the future that effects this property, to be binding upon all future owners. e. The applicant shall demonstrate compliance with Section 20-22 for any units which are to be condominiumized or shall agree not to condomin- 2 iumize any unit for a period of 18 months after its occupancy. f. The applicant or homeowners association shall be responsible for the maintenance of the paved alley which provides access to all of the homes on the block. g. All other key representations in the preliminary subdivision and conceptual subdivision application shall be explicitly stated in the subdivision/PUD Agreement. h. The applicant shall coordinate landscaping of the 7th Street berm and landscape area with the City of Aspen Parks Director. Relocation of all trees shall be accomplished by professionals using techniques acceptable to the Parks Director, and shall only be excavated and moved after the Parks Director has given approval. When foundations are located closer than 3 ' to the dripline of any trees, excavation and mitigation shall be done with approval and supervision of Parks Director in order to provide for proper cutting of roots and installation of moisture barrier. i. A subdivision/PUD Improvements Agreement and guarantee shall be prepared prior to final plat submittal meeting the requirements of Sections 20- 16 and 24-8. 16, meeting the requirements of the City Engineer and City Attorney, and including but not limited to the following improvements repre- sented in the application: 1. Relocation of 9 trees (identified as #5, #23, #24, #25, #26, #28, #29, #30, and #31) ; 2 . Planting 9 new Colorado spruce trees, 8 'minimum height; 3 . Planting 8 new cottonless robusta B&B cottonwoods, minimum 4" diameter caliper; 4 . Berm along 7th Street with grass and irrigation system; 5. Continuous curbs around the perimeter of the property except where the 6th & 7th Street alley entrances are located; 6. Pavement of alley; 3 7. Sidewalk along 7th Street; 8 . Culverting of ditch on 6th as determined by the applicant to be necessary; 9 . Bus stop. j . The applicant shall submit a detailed schedule of demolition, completion of landscape improvements and completion of construction prior to submittal of final plat. Included within this schedule shall be an agreement by the applicant to demolish all structures on the property and complete all 7th Street landscaping, sidewalks and curbing improvements within 24 months of the issuance of the first building permit and shall guarantee the performance of such to the City. SB.A 1 4 MEMORANDUM I J$JN 2 41987 To: Steve Burstein, Planning Office i v From: Elyse Elliott, Engineering Department Date: June 24, 1987 Re: Victoria Square Subdivision (Agate) Per our meeting of June 16, 1987, I have checked the following items and found that they are satisfactory: - legal descriptions - financial assurances of $58, 846 - lot sizes - construction schedule - surface concerns - paving commitments - utilities undergrounding - language on the plat concerning the future possibility of widening Hwy. 82 and possible condemnation APR 2 3 i98; i TO: S'I'EVE BIURSTEIN , PLANNING OFFICE FROM : DON GILBERT, ELECTRIC SUPERINTENDENT DACE: APR.1I, 23 , 1987 RE: FOLLOW UP: AGATE SUBDIVISION PRELIMINARY PLAT Steve : ( AgL was contacted by Mr . Douglas P. Allen , Attorney for applicant ' ate CourtePreliminary Subdivision/PADriReview) April 21 of charges for the electric line extension and 1987 1987 of our policy former( s ) needed to service the following described property . All of Block 17 , Lots A through S , City of Aspen . Mr . Allen stated it was stipulated at conceptual approval by City Council the Applicant would not be "double dipped" for the cost of undergrounding utilities . I was not here when the agreements were made regarding the undergrounding project so I told Mr . Allen I would check with our Consulting Engineer , Mr. Clements Kopf of Kopf & Kopf, Glenwood Springs , and get an answer from him. Mr . Kopf reviewed the Plat Plans and informed me the original overhead Primary extended west into the alley only a few feet and the applicant did not want the Pad mount transformer setting in that location . They came to an agreement to set the Pad mount transformer at its present location . This transformer will not take care of the electrical needs for this entire block , so therefore , other facilities will have to be installed . I stand on my original Memorandum of April 7 , 1987 stating the extension of Primary Lines and extra transformer( s ) , cost will be charged to the applicant . If other agreements were made prior to my employment in October of 1986 and can be documented in writing they will be honored and no questions asked. Thank you Don Gil .ert Electric Superintendent • i P.U.D. AND SUBDIVISION IMPROVEMENTS AGREEMENT )N 2 51p87 111 ti FOR VICTORIA SQUARE SUBDIVISION —-- — This P.U.D. and Subdivision Agreement is made and entered into this day of June, 1987, by and between the CITY OF ASPEN, Colorado, a municipal corporation (hereinafter referred to as "City" ) , and C. M. CLARK (hereinafter referred to as the "Owner" ) . R E C I T A L S 1. The Owner has submitted to the City for approval, execution and recordation, the final plat and development plan ( "Plat" ) of a tract of land situated within the City of Aspen, Colorado, legally described as Block 17, City and Townsite of Aspen, Pitkin County, Colorado, and designated as "Victoria Square Subdivision" (the "Subdivision" ) ; and 2. The City has fully considered the Plat, the proposed development, the improvement of the land, representations of the Owner, and the effects of the proposed development and improvement of land included in the Plat on other adjoining or neighboring properties; and 3. The City has approved all elements of the proposed development and imposed certain conditions and requirements in connection with its approval, execution and recordation of the Plat, such matters being necessary to protect, promote and enhance the public welfare; and 4. The Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by the City in approving the Plat; and 5. Under the authority of Section 20-16(c) and 24-8. 6 of the Municipal Code of the City of Aspen, Colorado, the City has required assurance that the matters hereinafter agreed to will be faithfully performed by the Owner; W I T N E S S E T H: NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City, it is mutually agreed as follows: - - 62587 1 • Ck4 13 „4 / Pf AtrWI &1d 6.4"04 i dnut,J}.OP) n0., I. 'yh.Jti GENERAL DEVELOPMENT PLAN The Subdivision as shown on the Plat includes the following elements: A. Fee Simple Lots. Lots 1 and 5 each may contain two- family dwellings, ( also known as duplexes) as shown and noted on the Plat and Lots 2, 3, 4, 6, 7 and 8 may each contain single family homes. B. Site Data Tabulations. The Site Data Tabulations attached hereto and made a part hereof as Exhibit "A" define and describe further and more specifically the allocation of the uses anticipated within the Subdivision. II. CONSTRUCTION OF IMPROVEMENTS A. Nature of Improvements. Owner hereby agrees to make and install the improvements to be contained within the development indicated on the Plat. The nature of such improvements shall conform to the schedule entitled "Victoria Square Subdivision Improvement Schedule" attached hereto and made a part hereof as Exhibit "B" . B. Construction Schedule. Owner anticipates that the several components of the project will be constructed generally in accordance with the following time frames: Development Commencement Date Substantial Completion Date Component (on or after) (on or after) Houses on September 29, 1987 May 29, 1988 Lots 3 and 4 Four houses May 15, 1989 November 15, 1989 on Lots to be determined Two houses May 15, 1990 November 15, 1990 on Lots to be determined C. Engineering, Geology - Surface Concerns. Owner shall construct curbs and gutters as required by the Construction and Improvement Schedule, plus new sidewalks along the entire project frontage on Seventh Street in accordance with the Landscape Plan prepared_ by Wetzsteon Design Associates, a copy of which is appended hereto and incorporated herein by reference, and recorded as a part of the Plat, hereinafter referred to aS the 2 "Landscape Plan" . D. Paving. Owner shall provide and install paving for the alley in accordance with the Landscape-Site Plan attached hereto and incorporated herein by reference as Sheet 5 of 5 and referred to herein as Exhibit "C" . The west 30' of the alley shall be paved with brick pavers and shall be maintained, replaced and repaired from time to time by Owner. City shall not be liable for any damage caused by snow removal or other maintenance by City. A sign shall be posted at the west end of the alley stating "Service Vehicles Only. No left turn" . E. Drainage. There shall be an 8" culvert installed under the alley at the Sixth Street entrance in the existing ditch. The drainage runoff shall not exceed historic drainage runoff. Owner shall make appropriate remedial measures if drainage exceeds historic drainage runoff to install drywells to accommodate such extra drainage. F. Landscaping Plan. In accordance with Section 24-8. 16 of the Municipal Code, all landscaping shall substantially conform to the "Landscape-Site Plan" attached hereto and incorporated herein by this reference as Exhibit "C" showing the extent and location of all plantings and other landscape features, in appropriate relation to scale, species and size of existing plantings, proposed treatment of all ground surfaces ( e.q. , paving, turf, gravel, etc. ), and a planting schedule with names, sizes, quantities, and transplant information. Landscaping will be completed in a logical phasing sequence ^ commensurate with the phasing of the improvements contemplated in 4,1;,Se �`+ the Hwel4)@meat---a1a'L--Constni e€t- Schedule:\ The Owner shall coordinate construction of the Seventh Street berm and landscaping with the City of Aspen Parks Director. Relocation of trees shall be accomplished by professionals using techniques acceptable to the Parks Director and shall only be moved after five days' notice to Parks Director. When foundations are located closer than three feet to the drip line of any trees, excavation and mitigation shall be done with approval and supervision of the Parks Director in order to provide for proper cutting of roots and installation of moisture barrier. Any tree that dies, due to its relocation or to excavation closer than 3 feet to the dripline within two (2) years of excavation shall be replaced by the Owner with a new tree not less than one-half the size of the original tree. Replacement shall be completed no later than one year after discovery of death. G. Vegetation of Disturbed Areas. Owner agrees, pur- suant to the provisions of the Landscaping Plan that during the course of construction any portions of the property which are disturbed shall, as soon as practical, be landscaped in accordance with the Landscaping Plan. 3 H. Utilities Underground. Owner shall extend ` the primary wire on 6th Street at a location off the alley for a new - 1 transformer, trench and pipe and wire, purchase the transformer, and grant an easement to place the transformer on his property according to the Electric Department standards. The applicant shall also agree to pay for half of all primary installed material used and pay at the time of and as a condition to / the issuance of building permit for all secondary connectors used in or on the transformer. All new utility systems constructed within the Subdivision shall be underground. I . Woodburning Devices. The installation and use of any woodburning devices in the Subdivision will be in strict accordance with the requirements of Ordinance 86-5 of the City of Aspen, as in effect on the date of this agreement. J. Environmental Health. The Owner agrees to comply with the requirements of the Environmental Health Department with regard to air pollution, noise abatement and contaminated soils as set forth in Environmental Health Department Memo from Tom Dunlop dated March 16, 1987, a copy of which is appended hereto and incorporated herein by reference as Exhibit "D" . K. Condominiumization. Owner shall comply with Section 20-22 of the Municipal Code for any units which are to be condominiumized or shall not condominiumize such unit for a period of eighteen ( 18 ) months after issuance of certificate of occupancy. Demolition. Owner agrees to demolish all existing struck = on the property and to complete all berming and landscaping on Seventh Street, sidewalks and curbing improvements as shown on the Landscaping-Site Plan within twenty-four ( 24 ) months of the issuance of the first building ermit for the site. _ j y J ir„oi , 7l A 1 , M. Improvement District. In the event f that any municipal improvement or improvements of a kind contemplated in ;, ,,„' r Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the reasonable judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the - area of the above described property, Owner will make no unreasonable objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Owner further agrees to join, upon the demand therefor by the City, any special - improvement district and urban renewal district formed for construction of such improvements (including, without limitation, signage, drainage, undergound utilities, paved streets and 4 alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails, recreation facilities, parking, etc. ), in the area of the above described property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. III NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER n , A. In the event the City determines that the Owner is riot acting in substantial compliance with the terms of this Agreement, the City may issue and serve upon the Owner a written order specifying the alleged non-compliance and require the Owner to cease and desist from such non-compliance and rectify the same within such reasonable time as the City may determine and specify in such order. Within twenty (20) days of the receipt of such order, the Owner may file with the City a notice advising the City that Owner is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) whether the alleged non-compliance exists or did exist; or .N ':k"� c fie of (b) whether a variance, extension of time or amendment to this Agreement sha be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, the City shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City for other such hearings. If the City determines by a preponderance of the evidence that a non- compliance exists which has not been remedied, it may issue such compliance orders as may be lawful and appropriate; provided, however, no order terminating any approval granted herein shall be issued without a finding of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no .variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of the approvals contained herein which are reasonably related to the requirements with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances. B. In addition to the foregoing, the Owner or hie 5 successors or assigns may, on his own initiative, petition the City Council for a variance, an amendment to this Agreement or an extension of one or more of the time periods required for performance under the Construction Schedules or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance indicated in one or more of the Construction Schedules if Owner demonstrates by a preponderance of the evidence that the reasons for the delay which necessitate said extensions are beyond the control of the Owner, despite good faith efforts on his part to perform in a timely manner. With respect to the Victoria Square Subdivision Construction and Improvements Schedule (Exhibit "B" ) , the Owner has made various assumptions, which the City hereby acknowledges and accepts, including the following: ( 1 ) Obtaining the appropriate construction financing within one ( 1 ) year from the date of receiving all final subdivision and P.U.D. approvals from the City; (2 ) Completion in an expeditious manner of the bidding, contractor selection, and implementation phases to meet the dates indicated; (3) Confirmation of the construction schedule by selected contractors; (4) Availability of the required labor and materials during each phase; ( 5) Sale of residences at a rate that would permit the phasing suggested in the Development and Construction Schedule. The City shall not refuse to extend the time periods for performance indicated in the Development and Construction Schedule or refuse to allow reasonable adjustments to the Schedule or the specifications if the Owner demonstrates by a preponderance of the evidence that the reasons for such extension or said adjustments result from the failure of such assumptions, unforeseeable circumstances, litigation, acts of God, or other events beyond the control of the Owner despite good faith efforts on his part to accomplish the same. IV. EASEMENTS, RIGHTS OF WAY, AND RELOCATIONS Utilities and Drainage. There is hereby established and dedicated for the benefit of the Public Utilities, and City 6 hereby accepts, necessary easements for the location, installation and maintenance of utilities and the establishment and maintenance of drainage, as such easements may be specifically set forth on the Plat and Civil Engineering drawings. V. ACCEPTANCE OF PLAT; RATIFICATION BY OWNER Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the Final Planned Unit Development Plat for the Victoria Square Subdivision, and to accept the same for recordation in the Recording Office of Pitkin County, Colorado, upon payment of the recordation fee and costs to the City by Owner. For his part, Owner hereby ratifies and confirms each and every representation made in the application as well as the representations and public dedication made and set forth by Owner in said Plat. • VI . OPEN SPACE AND COMMON AREA MANAGEMENT, MAINTENANCE AND USE The Plat designates a landscape berm along Seventh Street and the alley shown on the Plat as an alley adjacent to the separately designated Lots. Respective responsibilities, limi- tations, covenants and agreements regarding the management, maintenance and use of the berm and alley shall be as provided below. A. Common Area. The berm and alley, including brick pavers, as described in this agreement and on the Plat shall be maintained in common by the owners of all of the Lots. Management and maintenance of the berm and alley shall be the responsibility of a collective homeowners' association consisting of the owners of all of the Lots, pursuant to provisions as shall be set forth in recorded covenants providing for such policies and procedures governing the use and maintenance of the berm and alley. These covenants may provide for necessary budgets and financial reserves to be assessed against homeowners' association members, and shall insure permanently the fit and proper maintenance, repair, replacement and enduring first rate safety and quality of the berm and alley. Responsibility of the homeowners' association in this respect may be contractually delegated by it to a private property management company, to independent contractors, or to a salaried employee of the homeowners' association. The following shall, as well, apply to the homeowners' association hereinabove referred to: - ( 1 ) Formation. The homeowners' association shall be fully formed and established by the Owner prior to the sale of 7 any lots within the Subdivision and pursuant to applicable statutes governing the formation of Colorado not-for-profit homeowners ' associations. ( 2) Documentation. Operative documents for the homeowners ' association shall include Articles of Incorporation, By-Laws, and rules and regulations. The homeowners ' association shall have the duty to enforce such protective covenants as will be recorded by the Owner for the purpose of preserving the architectural and aesthetic compatibility of the entire development and its component features. (3) Membership Mandatory. Membership in the home- owners ' association shall be mandatory for each owner and shall be automatic upon the recordation of any instrument transferring a legal ownership interest (excluding standard security interests ) in or to any of such lots. (4 ) Assessments and Liens. The homeowners ' asso- ciation shall have the power to levy assessments which will become a lien on individual Lots for the purpose of paying the cost of operating and maintaining common facilities. ( 5) Board of Managers. The board of managers of the homeowners ' association shall consist of at least three (3 ) members who shall be owners within the development, after a majority of the lots have been sold. The Owner shall record covenants reflecting the above described responsibilities, purposes and powers of the homeowners' association. In the event the homeowners' association (or any successor organization) shall at any time fail to maintain the berm and alley in accordance with such covenants, the procedures and the rights of the City more particularly described in Section 24-8. 19(b) of the Aspen Municipal Code, which is hereby incorporated by reference as if set forth verbatim herein, shall then and thereupon go into effect and apply. The Owner further acknowledges that the procedure set forth in Section III, above, pertaining to the procedure for default and amendment of this Agreement shall not be required with respect to the enforcement and implementation of common facilities maintenance as set forth and required by Section 24-8. 19(b) . VIII . WATER AVAILABILITY The City agrees, on approval of this Agreement and the Plat, agrees through its water department, to continue to supply water consistent with the proper servicing of the needs of the improvements to be constructed in the Subdivision. 8 �, r a Ix. SEWER AVAILABILITY The City agrees, upon approval of this Agreement and the Plat by the Metropolitan Sanitation District, that sewer services are satisfactory to City for the development shown on the Plat. Owner agrees that if any existing sewer lines are to be abandoned to physically disconnect such sewer line from the main in accordance with City Water Department policy for the abandonment of sewer lines. X. N FINANCIAL ASSURANCES Pursuant to Section 20-16(c) and Section 24-8. 16 of the Aspen Municipal Code, Owner hereby agrees to provide a guaranty in the sum of $58, 846.00, which sum represents the estimated cost of 100% of the cost of paving the alley, curbing and sidewalk and 125% of that portion of the Landscaping Plan including the cost of demolition for which the City, through the City Engineer, has requested--financial assurance. That portion of the Landscaping Plan for which financial assurance has been requested and which hereby is agreed to be given is described in Exhibit "E" attached hereto and made a part hereof. The guaranty to be provided by Owner shall be in the form of an irrevocable letter of credit from a responsible financial institution. Said guaranty shall be delivered to the City prior to the issuance to Owner of a building permit for the project, shall be in a form acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default by the Owner, to withdraw funds as necessary and upon demand to partially or fully complete and pay for any of such improvements or pay any outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any existing improvements damaged during the construction of new improvements or deterioration in improvements already constructed before the unused remainder ( if any) of such guaranty is released to Owner. As portions of the required improvements are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Owner; PROVIDED, HOWEVER, that ten percent ( 10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City s' Engineer. s4 \ It is the express unders ,anding of the parties that the \ procedure set forth in Section If pertaining to the procedure for default and amendment of this Agreement shall not be required with respect to the enforcement and implementation of financial 9 assurance and guaranties to be provided by Owner as set forth above and required by Section 20-16(c) and 24-8. 16 of the Aspen Municipal Code. XI . MISCELLANEOUS A. The provisions hereof shall be binding upon and inure to the benefit of the Owner and City and their respective successors and assigns. B. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. C. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstances is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. D. This P.U.D. and Subdivision 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 all parties hereto. E. Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. F. The parties agree that this P.U.D. and Subdivision Agreement for the Subdivision shall be recorded by the City in the Pitkin County, Colorado real property records. G. Notices to be given to the parties to this Agreement shall be considered to be given if delivered or if deposited in the United States Mail to the parties by registered or certified, return receipt requested, mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN OWNER: COPY TO: City Manager C. M. Clark Douglas P. Allen 130 S. Galena Street P.O. Box 566 530 E. Main St. Aspen, CO 81611 Aspen, CO 81612 Aspen, CO 81611 H. The terms, conditions, provisions and obligations 10 herein contained shall be deemed covenants that run with and burden the real property more particularly described in Section I hereof and any and all owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. I. Owner represents and warrants that he is the fee title owner of the subject parcel with full authority to enter into this agreement, and that any and all persons, firms or entities having any lien, encumbrance or interest in the property have consented to the dedications, restrictions and conditions of approval set forth herein, and that the agreement shall not be recorded in the Office of the Pitkin County Clerk and Recorder, nor shall any of the approvals granted herein take effect without the written consent (or subordination, if applicable ) of any such persons, firms or entities. J. Owner hereby ratifies and confirms each and every representation made and set forth by owner in its application dated May 6, 1986, and all written submittals and representations made in connection therewith to the Planning and Zoning Commission and City Council, which applications and representations shall be deemed to be made a part of this agreement and to be incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have signed on the date indicated, in full understanding and agreement to the terms and conditions hereof. CITY OF ASPEN a Colorado Municipal Corporation By: Kathryn S. Koch, City Clerk William Stirling, Mayor C. M. Clark, Owner APPROVED AS TO FORM: City Attorney 11 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1987, by William Stirling, as Mayor, and Kathryn S. Koch, as City Clerk of the City of Aspen, a Colorado municipal corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1987, by C. M. Clark. WITNESS my hand and official seal. My commission expires: Notary Public Address: 12 EXHIBIT "A" SITE DATA TABULATION* LOT NO. ACRES BLDG. FOOT PRINT SQ. FT. Lot 1 0.2066 3384 Lot 2 0. 1374 2250 Lot 3 0.1377 2256 Lot 4 0.1377 2256 Lot 5 0. 1377 2256 Lot 6 0.1377 2256 Lot 7 0. 1374 2250 Lot 8 0.2066 3384 *Site coverage of structures is limited to 37. 6% of each lot. Landscaped area shall be not less than 54.0% of total lot area. Landscaped area is defined as area open to the sky on the property excluding the driveway and paved parking apron, but including such site features as walkways, all yard and patios. EXHIBIT "B" CONSTRUCTION AND IMPROVEMENTS SCHEDULE VICTORIA SQUARE SUBDIVISION J`3A"j Schedule Date Protect trees to be saved on lots on which construction is started. 7 days prior to start of construction Start foundation on first 2 houses 9-29-87 Start foundation on next 4 houses 5-15-89 Start foundation on last 2 houses 5-15-90 Complete first 2 houses 5_29-88 Complete next 4 houses 11-15-89 Complete last 2 houses 11-15-90 Eg Begin landscaping on first 2 houses -1-gam Begin landscaping on next 4 houses 5-1-90 Begin landscaping on last 2 houses 5-1-91 14 8S Complete landscaping around first 2 houses Complete landscaping around next 4 houses 5-31-90 Complete landscaping around last 2 houses 5-31-91 Finish clean-up of site as each house is completed Complete berming and landscaping on 7th Street, sidewalks, curbs and gutters and demolition of all existing 24 months from issuance structures. Planting of new trees in of 1st building permit public right of way as shown on Plat Sheet 3 of 5 EXHIBIT "C" LANDSCAPE-SITE PLAN (See Sheet 5 of 5) EXHIBIT "D" ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPART f l• , F n�\ •_• 1 MEMORANDUM MAR I 8 To: Steve Burstein, Planning Office From: Thomas S. Dunlop, Director 7513 ) Environmental Health Department Date: March 16, 1987 Re: Agate Subdivision Preliminary Plat This office has reviewed the above-mentioned submittal for the following environmental concerns. Air Pollution: Demolition: The applicant will be asked to perform a survey of the existing dwellings that are scheduled to be torn down to determine if asbestos is present in any form in or on the structures . If asbestos is found the product shall be sampled and analyzed by qualified individuals with the laboratory report being forwarded to this office for review. This process shall be accomplished prior to any actual demolition. Should asbestos prove to be present the applicant shall follow the procedures for removal as outlined in Regulation 8, Section II (B) 4 , titled Asbestos, Demolition and Renovation, of the Colorado Air Quality Control Regulations and Ambient Air Quality Standards. This shall include filing the Notice Of Intent as described in Regulation 8 referred to above. Construction: The applicant shall provide the means to monitor and remove any dirt or mud carryout from the project onto City streets or State highways. This shall involve daily monitoring of the haul routes of equipment entering and leaving the site during the demolition and construction period. Further, daily removal of mud or dirt will be required with the dirt being deposited back on the applicant' s property. Removal of mud and dirt shall be accomplished with a mechanical sweeper that uses water to minimize dust. During actual construction the applicant shall provide an approved means to control wind blown (fugitive) dust from leaving the property should it become a problem. This may take the form of watering, use of dust suppression chemicals, fencing the site, shrouding the work area or any combination of the above. The applicant shall file a fugitive dust control plan with this office prior to construction. The applicant shall also submit an Air Pollution Emission Notice and an Air Pollution Permit application to the Colorado Health Department. The Colorado Health Department will review the permit application and deter- mine if a permit is actually needed. Should it be determined that a permit is not needed the filing fee will be returned to 130 South Galena Street Aspen, Colorado 131611 303/925-2020 ASPEN4PITKIN ENVIRONMENTAL HEALTH DEPARTMENT Agate Subdivision Preliminary Plat March 16, 1987 Page 2 the applicant. Send the information to: Colorado Health Depart- ment, Mr. Scott Miller, 222 S. 6th Street, Room 232 , Grand Junction, Colorado 81501. The authority for the above request can be found in Regulation 3 of the Colorado Air Quality Control Regulations and Ambient Air Quality Standards. Solid Fuel Burning Devices: The total number of solid fuel burning devices that will be installed in this project is not known and is not mentioned in the submittal. The applicant will have to comply with Ordinance 5 series 1986 commonly known as the City Of Aspen Solid Fuel Burning Ordinance. Noise Abatement: The applicant will be required to comply with City Of Aspen Ordinance 2 series 1981, titled Noise Abatement. All noise related to demolition and construction activities will be covered under the maximum decibel levels as directed by the ordinance. Contaminated Soils: If mine dumps, mine tailings or mine waste rock are uncovered during the excavation phase of the project it will be the responsibility of the applicant to have the material tested to determine the heavy metal content of the sample. The test results shall be submitted to this office for review prior to removal of the soil from the site. There is no actual requirement to force the applicant to perform these tests. However, as the result of past involvement with Federal legislation governing the handling and disposition of mine waste, this department wants to have an accounting of all "hazardous waste" should the Federal government decide they want to become further involved in the Aspen area. Sewage Disposal : Service to this project by the Aspen Consolidated Sanitation Districts public sewage collection system is in conformance with policies of this office. Water Supply: Service to this project by the distribution lines as provided by the City Of Aspen Water Department is in conformance with policies of this office. 130 South Galena Street Aspen, Colorado 81911 303/925-2020 ASPEN+PITKIN ENVIRONMENTAL HEALTH DEPARTMENT Agate Subdivision Preliminary Plat March 16, 1987 Page 3 General : The applicant can visit this office to obtain copies of all codes, rules and regulations or laws referred to in this review. 130 South Galena Street Aspen, Colorado 131611 303/925-2020 EXHIBIT "E" LANDSCAPE DEVELOPMENT COST Description Material & Labor Cost Relocation of trees No. 5, 23, 24, 25, 26, 28, 29, 30 and 31. Planting 9 Colorado Spruce 8 ' minimum height Planting 8 cottonless robusta B & B cottonwoods, minimum 4" diameter caliper Berm Top Soil Sod Seed Sprinkler, Irrigation system serving berm along 7th Street Extra Labor Contract Total: $38, 000.00 INSTALLATION COST Description Material & Labor Cost 1 . Alley Construction: $ 7, 126.00 2. Sidewalk, Bus Stop & Curbs: $ 3, 420.00 3. Culverting of Ditch - 6th Street: $ 800.00 Contract Total: $11,346.00 TOTAL: $49,346.00 PROTECTIVE COVENANTS FOR VICTORIA SQUARE WHEREAS, , ( "Declarant" ), has caused Block 17 of the City and Townsite of Aspen, Pitkin County, Colorado, to be subdivided into Victoria Square Subdivision, ( "Subdivision" ) , which plat has been filed for record in the real property records of Pitkin County, Colorado, on , 1987 in Plat Book at Pages _ through NOW, THEREFORE, , the owner in fee simple of all of the lots included in the Subdivision as so platted does hereby declare that all of the lots included within Victoria Square Subdivision are and shall hereafter be subject to all of the following covenants and conditions: ARTICLE I - PURPOSE OF COVENANTS 1. General Requirements. It is the intention of expressed by the execution of this instrument, that the lots in Victoria Square Subdivision be developed and maintained as a highly desirable residential area with the purpose of these covenants being to maintain and protect that purpose insofar as is possible in connection with both the uses and the structures permitted in the Subdivision. ARTICLE II - VICTORIA SQUARE HOMEOWNERS ASSOCIATION 1. Membership in Victoria Square Homeowners Association. All persons or entities who hold fee title to any of the lots, or in the case of Lots 1 and 5, to individual units in the two- family dwellings, by whatever means acquired, shall automatically be and shall be required to become members of Victoria Square Homeowners Association, a Colorado corporation not for profit, in accordance with the Articles of Incorporation of said Victoria Square Homeowners Association. ARTICLE IV - ARCHITECTURAL CONTROL COMMITTEE 1. Architectural Control Committee. The Architectural Control Committee shall be the Declarant until all of the lots have been sold and dwellings constructed and henceforth shall be the Board of Trustees of Victoria Square Homeowners Association as said board may, from time to time, be constituted. Said Architectural Control Committee shall have and exercise all of the powers, duties and responsibilities set out in this document. 2. Approval by Architectural Control Committee. No im- provements of any kind, including but not limited to dwelling houses, outbuildings, garages, swimming pools, fences, walls, driveways, antennae, satellite dishes, flagpoles, curbs, and sidewalks, shall ever be constructed or altered on any lots within the Subdivision, nor may any substantial vegetation be altered or destroyed non any significant landscaping performed on any lot unless the -complete plans for such construction or alteration or landscaping are approved in writing by the Architectural Control Committee prior to the commencement of such work. In the event the Architectural Control Committee fails to 1 take any action on a request for approval within sixty ( 60) calendar days after complete plans for such work have been submitted to the Architectural Control Committee, then such plans shall be deemed to be approved. In the event the Architectural Control Committee shall disapprove any plans, the person or entity submitting such plans may appeal to the next annual or to a special meeting of the members of Victoria Square Homeowners Association, where a vote of at lease two-thirds of the votes entitled to be cast at said meeting shall be required to change the decision of the Architectural Control Committee. 3. The Architectural Control Committee shall exercise its best judgment to insure that all improvements, construction, landscaping and alterations on the lots within the Subdivision are in harmony with existing structures and in accordance with the guidelines for design attached hereto as Exhibit "A" . 4. Preliminary Approvals. Persons or entities who anticipate constructing improvements on lots within the Subdivision, whether they already own a lot or are contemplating the purchase of such lot, may submit preliminary sketches of such improvements to the Architectural Control Committee for informal and preliminary approval or disapproval, but the Architectural Control Committee shall never be finally bound by any preliminary or informal approval or disapproval until such time as complete plans are submitted and approved or disapproved. 5. Plans. The Architectural Control Committee shall disapprove any plans submitted to it which are not sufficient for it to have enough information in order to exercise the judgment required of it by these covenants. 6. Architectural Control Committee Not Liable. The Architectural Control Committee shall not be liable in damages to any person or entity submitting any plans for approval, or to any owner or owners of lots within the Subdivision by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove such plans. Any person or entity acquiring title to any property in the Subdivision or any person or entity submitting plans to the Architectural Control Committee for approval, by the act in so doing agree and covenant that such person or entity will not bring any action or suit to recover damages against the Architectural Control Committee, its individual members or its advisors, employees or agents. 7. Written Records. The Architectural Control Committee shall keep intact for at least five ( 5) years complete permanent written records of all applications for approval submitted to it, including one set of the plans so submitted, and of all actions of approval or disapproval and all other actions taken by the Architectural Control Committee under the provisions of this instrument. ARTICLE V - GENERAL RESTRICTIONS OF ALL LOTS 1. Use. No lots within the Subdivision shall ever be occupied or used for any structure or purpose or in any manner which is contrary to the zoning regulations of Aspen, Pitkin 2 County, Colorado as they may be in force from time to time, except as the same may be allowed under such regulations as a non-conforming use or structure. 2. No Mining, Drilling, or Quarryin No quarrying, tunnelling, excavating, or drilling for any substances within the earth, including oil, gas, minerals, gravel, sand, rock, and earth, shall ever be permitted within the limits the Subdivision. 3. No Business Uses. No lands within the Subdivision shall ever be occupied or used for any commercial or business purpose nor for any noxious activity and nothing shall be done or permitted to be done on any of said lots which is a nuisance or might become a nuisance to the owner or owners of any of said lots. No store, office or other place of commercial or professional business of any kind shall ever be permitted within the Subdivision. 4. Signs. No advertising signs, billboards, etc. , other than a "For Sale" sign which shall not be larger than 20 X 26 inches in size shall ever be erected or permitted to remain on any lot in the Subdivision. 5. Service Yards and Trash. All equipment, service yards, woodpiles, rubbish and trash on any lot in the Subdivision shall be screened by adequate planting or fencing so as to conceal them from the view of neighboring lots as well as from streets. No clothes lines or storage piles shall be permitted. All rubbish and trash shall be kept in secure containers for removal from the lot on a periodic basis either by regularly scheduled trash removal or by the owner. 6. Underground Utility Lines. All water, gas, electric, cable TV, and telephone pipes and lines as well as any other utility pipes or lines within the Subdivision must be buried underground and may not be carried above the surface of the ground. ARTICLE 1 . Action. The Architectural Control Committee shall have the right to prosecute any action to enforce the provisions of these covenants by injunctive relief or by other legal means on behalf of the Committee and all or part of the owners of lots within the Subdivision. In addition, each owner of a lot within the Subdivision as well as the Homeowners Association shall have the right to prosecute any action for injunctive relief or for such other relief as may be appropriate by reason of any violation of these covenants. 2. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lots in the Subdivision in violation of these covenants and no action is commenced within sixty ( 60) days after the beginning of such construction to restrain such violation, then injunctive or equitable relief shall be denied but an action for damages shall still be available to any party aggrieved. Said sixty (60) day limitation shall not apply to injunctive or 3 equitable relief against other violations of these covenants. ARTICLE VII - GENERAL PROVISIONS 1 . Covenants. All of the covenants contained in this document shall be a burden on the title to all of the lots in the Subdivision and the benefits thereof shall inure to the benefit of all of the owners of the lots in the Subdivision and shall run with the title to the lots in the Subdivision. 2. Termination of Covenants. The covenants contained in this instrument shall terminate upon the earlier of the following to occur: ( 1 ) fifty ( 50) years after the date of execution of this instrument, or (2) at the time of final dissolution of Victoria Square Homeowners Association, or (3 ) twenty (20) years and eleven ( 11 ) months after the death of the last of present members of the City Council of the City of Aspen to die. 3. - Severability. Should any part or parts of this document be declared invalid or unenforceable by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants contained herein. 4. Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants. Signed , 1987. 4 STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of 1987 by WITNESS my hand and official seal. My commission expires: Notary Public COVENANT.VSS 52187 5 INTRODUCTION This guide has been prepared in order to communicate those concepts which will promote design excellence as the Victoria Square project is developed. It is prepared to express the desire of both the developer and architect to appropriately respond to community concerns inherent in designing this project. Certainly this project will have an immediate favorable impact on the neighborhood in which it is located. Quite likely it will be studied in the future by others who are preparing to build homes in Aspen. Our goal is that Victoria Square be perceived as an expression of design worthy of emulation by those following in our footsteps. With that goal comes the responsibility of formulating, and then adhering to, design guidelines that will achieve this goal . We consider the formulation and presentation of design guidelines to be imperative to achieving a consistently high level of design quality. Although it is our intention to complete this project, it is impossible to guarantee singular involvement through completion. In recognition of the possibility, however slim, that any one or all of the original cast could change, we offer the following design guidelines to promote continuity of our design concept. Within the framework of these guidelines there is latitude for full expression of creative ability as the architect responds to the needs, tastes and individuality of potential owners while at the same time conforming to and respecting historical precedent and the context of the existing neighhorhood surrounding this project. LANDSCAPING In recognition of the traditional planting strip between the street and sidewalk in many of Aspen's residential areas, all existing trees within this strip shall be maintained. Historically, this landscaping strip was serviced by a fairly extensive system of irrigation ditches which, for all intents and purposes, are no longer in use. Although many of these trees are gone in the West End and there is only one remaining on this site, we will add 8 new cottonwood trees.m is a critical supplement to the finished environment however, pironmentandsc . an excellent building design can look sterile or uninviting with no an landscaping while even a mediocre design can be made attractive with creative landscaping), we intend to supplement existing trees with new trees and other forms of vegetation. It is not feasible to select, schedule and locate landscaping for the entire project at this time. Final determination is dependent upon design development on the individual lots. Criteria for ultimate development of the landscaping plan are as follows: 1. Maintain, to the greatest possible degree, an unbroken landscaping strip between street and property lines. 2. Utilize landscaping as a means of visually moderating the transition in scale between vehicular/pedestrian traffic and the homes. 3. Utilize landscaping to promote a sense of buildings-within-nature as opposed to nature- attached-to-buildings. 4. Utilize a variety of species/sizes of land- scaping to lend a compatible character to the neighborhood. 5. Place particular emphasis on placement of landscaping (plants, earth berms, retaining walls, etc. ) to: a. Screen parked cars from view. b. Screen trash collection areas from view. c. Emphasize views from the homes to the mountains. d. Define primary paths of pedestrian entry to the houses. - During preliminary design I have placed particular emphasis on retaining to the greatest extent feasible, all landscaping on the site. Existing landscaping has been supplemented by adding compatible and naturally-appearing supplemental landscaping. I have explored all possibilities for retaining every tree. After having done so, however, it is my professional opinion that tree #32 on Lot 4 must be relocated, if possible, or replaced to accommodate architectural design requirements. The combination of setback requirements, parking requirements and two large trees in the center of the lot simply does not allow enough space to generate a design solution that is either functionally or aesthetically pleasing. Realistically, relocation of a tree this size is difficult. Therefore, I have shown replacement of tree #32 with 10 new Colorado blue spruce trees along Seventh Street and 13 new cottonwood trees along Sleeker, Hallam and Sixth Streets. These new trees, in combination with earth berms and existing and relocated trees, will provide an attractive visual buffer between the new Victoria Square buildings and the traffic flow on Seventh Street. At the same time they will help cut down sound transmission into the living units from traffic passing the site. All new trees will be 3-1/2" minimum caliper. Any existing trees/plants shown on the plan to be relocated which do not survive the transplantation shall be replaced with new trees/plants of the same species. All new landscaping will be selected and placed only after consulting with the City of Aspen Parks Department. Please see the written specification Section 02110 - Site Clearing attached to the back of these design guidelines. This specification section will be made a part of the project manual for each house. BUILDING MATERIALS In keeping with the desire to generate design solutions consistent with historical context, materials similar in texture, finish and scale to those presently found in existing historic residences will be used. These will include painted wood siding or masonry veneer on walls, masonry fireplaces and retaining walls, wood window and door frames, and wood or earth-toned asphalt roofing shingles. At no time will metal roofing be used. Ornamental shingles, where used, shall be wood. Other special siding may be used for decorative detailing but only selectively and to a very limited extent. At no time will synthetic materials such as aluminum or vinyl be used in a prominent way. ROOFLINES The greatest opportunity for establishing a design theme, architectural character, and controlling and/or reducing apparent building "mass" may be found in roof design. A talented architect can visually generate many exterior forms from the same floor plan. Setting interior considerations aside, the architect could probably develop a colonial, a Spanish, a Victorian, a Chinese or sea-ranch "look" all from virtually the same plan. Of course, many elements combine to form the final design but the primary element used to establish any of these styles is the roof form. Most historic residential buildings in Aspen are characterized by steep roof pitches. The traditional roof slope for a Victorian house is 12/12. We believe that repetition of this precedent at the Victoria Square would help to promote a strong sense of neighborhood continuity, especially due to the prominence of the adjoining Stallard House. Not only is this roof pitch traditional in nature, it is a wonderful design tool when used to break up the mass of a building. A roof design composed of a series of gables, dormers or hipped mansards varying in height and direction breaks the volume down to a more human scale and is much more visually appealing than is a single roof plane sloped each way from a center ridge line. There is a paradoxical restriction, however, in Aspen which limits implementation of the above. Many of the most interesting houses in the historic districts exceed the 30-foot ridge height restriction presently imposed. Even though they are taller at some points than present code restrictions would allow they "feel" considerably less massive than much of the recent contemporary construction in Aspen. Obviously this is because a combination or series of rooflines used to cover the building plan, all sloping down quickly, will capture less visual and actual volume than will a monolithic roof over the same plan even if the more complicated roof is occasionally higher at the ridge line. Historically, Victorian homes had 10 foot ceilings. Because it is not our intent to replicate exactly those Victorian homes built many years ago, but to blend new ideas with the old, I felt that 9 foot high ceilings were adequate. But even with these lowered bearing heights, preliminary design has shown that the 30-foot height allowed by Code is slightly under what I need to maintain the traditional 12/12 roof pitch over a plan that responds to the demands of a buyer of a contemporary house. Today' s homeowner requires that the living/entertainment and sleeping areas be at least slightly more generous than homes built many years ago. This in turn mandates a ridge line of up to 33 feet (refer to building section) . I have explored many possible framing/roofing solutions for the first two buildings at Victoria Square. The roof plans and elevations submitted reflect my best effort to maintain the integrity of the traditional 12/12 pitch. However, these solutions exceed the maximum 30-foot height. Lot 5 would require approximately a 32 ' maximum ridge height and Lot 1 would require a 33 ' maximum ridge height. Because conformance to the 30-foot height would require either a combination of roof slopes on the same building or, more probably, a contemporary shed-roof design of lower pitch, we are requesting a variance which would allow a maximum 33' ridge height. Approval of this variance would allow us to pursue a design theme much more in keeping with, and in response to, traditional Victorian design directives. We are requesting the variance only as it would apply to sloped roofs. On any building partially covered by a flat roof, that portion of the roof will conform to the existing maximum height of 25 feet for flat or mansard roofs. ORIENTATION, MASSING AND ORNAMENTATION The homes will be largely designed with kitchen, dining, living rooms and a master bedroom on the second floor. This will ensure that all homes have unobstructed views toward the southern mountains. This will also place those areas typically requiring the most glazing in a position to best utilize the potential of solar heat gain during winter months. Care will be taken to coordinate design solutions on adjacent lots so that one house will not encroach on the primary viewlines of another. Also, massing of buildings will be considered with an eye toward creating a pleasing three- dimensional composition of interrelated forms rather than considering each house to be a separate entity. Facades within the project will be of similar sizes and shapes and primarily oriented toward the street. Steep roof pitches, vertically proportioned doors and windows and building fronts with vertical emphasis may be used to maintain the feeling of historic facades. The facades may be broken down into smaller elements and the roof may step down in height as needed to maintain the pedestrian scale associated with the typical West End residential district. Windows of vertical proportions with double-hung sash will be the primary choice. In some instances vertically proportioned windows will be paired. Windows of square proportions may be used in dormers. Bay windows may be used to create more interesting facades and picture windows without sashes may be used to facilitate unobstructed views out of south- facing living and dining rooms. Ornamental detail will be used selectively as a means of amplifying the connection to existing Victorian structures. Such detailing will be used as a visual frame of reference to traditional style and method of construction but will not be used to the extent that we attempt to duplicate exactly the authentic Victorian construction of a previous era. Our intent is to create a pleasing harmony between new and old. Color schemes will be traditional in nature, i.e. subdued or earth-tone colors for main facades and roofs with contrasting accent colors on trim work. Masonry will be left natural and unpainted. SITE COVERAGE Because of design factors which will be controlled or influenced by the ultimate decision on the requested height variance for this project, the owner has not been able to authorize design development on all the houses. Therefore I have shown building envelopes only on Lots 2, 3, 6, 7 and 8. Discussions with Planning Office following submittal of the site plan has revealed the concern that approval of the plan as drawn would leave the possibility open to construct a home utilizing most or all of this envelope. If this were done, such a building could cover 62. 5% of the lot, leaving only 37.5% of the land area open. In recognition of the validity of this concern, we propose the following restriction, be placed, contingent upon approval of the height variance request from 30 feet to 33 feet: No building footprint on Lots 2, 3, 4, 6, 7 or 8 shall exceed 2, 250 square feet. This will guarantee that no more that 37.6% of the land area will be covered by building and that the remaining 62.4% will be open. II -- PETER VAN DOM;IELEN '� FIGEs AaPEN :.u:Vfi'U(, rf311 July 16, 1987 1 City of Aspen HAND DELIVERY 130 So. Galena St. Aspen, CO 81611 Attention: Mr. Fred Gannett Deputy City Attorney Re: Victoria Square Subdivision Improvements Agreement Gentlemen: Reference is made to Section X of the above-captioned Subdivision Improvements Agreement wherein the Owner has agreed to provide an irrevocable letter of credit to the City in the amount of $58,846. 00. The Victoria Square Subdivision was acquired by A. J. J. Limited Partnership by Deed recorded July 2, 1987, a copy of which is enclosed. Pending delivery to you of the letter of credit provided for in the Subdivision Improvements Agreement, a trust account has been established at the Bank of Aspen under the name "Peter Van Domelen, P.C. - A. J. J. Limited Partnership Trust Account, " No. 9018-38-7, in the amount of $58,846.00. A copy of the deposit receipt for this account is enclosed. I am the only signatory on this Trust Account. I agree that this Trust Account will be held for the sole benefit of the City of Aspen pursuant to Paragraph X of the Subdivision Improvements Agreement and that no funds will be withdrawn therefrom without the prior written consent of the City. It is my understanding that the establishment of this Trust Account, pending delivery of said letter of credit, will enable the City to issue the building permit(s) which have been requested. It is my further understanding that this Trust Account will be released at such time as the required letter of credit is delivered to the City. 1 City of Aspen Attention: Mr. Fred Gannett, Deputy City Attorney Page 2 July 16 , 1987 If the foregoing correctly states our understanding and meets with your approval, would you please indicate the same by subscription hereunder and return a copy of this letter to my offices. Yours very truly, Peter Van Domelen Attorney for A. J. J. Limited Partnership The foregoing is approved. July , 1987. CITY OF ASPEN By Its PVD:tu Enclosures • DEPOSITED WITH '.... ....: ..->. A The Bank of Aspen DOC 119 South Mill •Aspen, Colorado 81617 • (303)925-2500 DEPOSIT RECEIPT All items received are credited to your account subject to final payment. RETAIN this machine validated Receipt as it constitutes an OFFICIAL record of your transaction. 901818? A/N DDA • TAWII 126 **********8,944.00 UAL DDA RU604,87 12 D The Bank symbol,transaction number,date and amount of your deposit are shown above. • s • MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr. , City Manager FROM: Steve Burstein kaZ RE: Agate Court/Victorian Subdivision and PUD Final Plat DATE: June 17 , 1987 Several Council members have requested that City Council conduct a fast-track hearing of the Victorian Square (formerly Agate Court) Final Plat application due to special problems the applicant has with deadlines for closing land sale. Staff has met with the applicant to go through our comments and suggested changes based on Preliminary Plat approval . As requested, we will be prepared to present the Final Plat to Council at a meeting on June 29, 1987 . The applicant and staff would like to have a short discussion with Council on June 22 to resolve a few technical issues needing your attention prior to Final Plat approval. Because of the short timetable, no memoranda have been prepared by either the applicant or staff for this discussion, and these matters will be brought up verbally. If the discussion cannot be properly accommodated in your schedule, those issues will be presented for the June 29 meeting. Recommended Motion: "Move to table action on the requested Victorian Square Final Plat to June 29, 1987 . " vicsqua PETER VAN DOMELEN, P.C. ATTORNEY AT LAW 315 E. HYMAN AVE.. ASPEN, CO 81 61 1 13031 925-81 66 August 4, 1987 Aspen Pitkin Regional Building Department Cml t 1, os. F ' Aspen, Colorado 1 '-C i Attention: Mr. William L. Drueding 4f981 AUG Re: Victoria Square Subdivision/P.U.D. Park Dedication Fees Dear Bill, There is being submitted to you under separate cover, a proposal with respect to the Park Dedication Fees for subject project. This proposal will involve the determination of the credits to be given for the existing residential structures which will be demolished. A preliminary review indicates that the credits will be approximately equal to the proposed new construction. Pending the resolution of this matter and in order to avoid delay in the issuance of the requested Building Permits for Lots 3 and 4 , the following is proposed as a temporary measure: 1. The Park Dedication Fee for the construction of 5 bedroom residences on Lots 3 and 4 will be $4,472 . 00 for each Lot. The computation of this Park Dedication Fee is set forth on the attached schedule. 2 . An escrow account under the name of "Peter Van Domelen, P.C. - A. J. J. Limited Partnership Trust Account" No. 9018-38-7 has previously been established at the Bank of Aspen pursuant to Letter Agreement of July 16 , 1987 , a copy of which is attached hereto. 3 . The further sum of $8, 944. 00 has been deposited in this escrow account representing the Park Dedication Fees for Lots 3 and 4. A copy of the deposit receipt is enclosed. This further sum will be held in the escrow account pending final resolution of the Park Dedication Fee matter and will only be released therefrom upon the written authorization of the City of Aspen. 4 . Based upon the foregoing arrangements for the Park Dedication Fees for Lots 3 and 4, the Building Permits for those Lots will be issued against payment of the required Building Permit fees. Aspen Pitkin Regional Building Department Attention: Mr. William L. Drueding Page 2 August 4, 1987 If the foregoing meets with your approval, would you indicate the same by subscription hereunder and return a copy of this letter to my offices. Yours very truly, A. J. J. LIMITED PARTNERSHIP By ` • ua.+ Peter Van Domelen Its Attorney The foregoing is approved. Dated: August , 1987 . CITY OF ASPEN By Its PVD:tu Enclosures cc: Fred Gannett, Deputy City Attorney, w/encls. Alan Richman, Planning Office, w/encls. EXHIBIT "D" ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPART -41 c i IN' MEMORANDUM / To: Steve Burstein, Planning Office From: Thomas S. Dunlop, Director "j$L Environmental Health Department Date: March 16, 1987 Re: Agate Subdivision Preliminary Plat This office has reviewed the above-mentioned submittal for the following environmental concerns. Air Pollution: Demolition: The applicant will be asked to perform a survey of the existing dwellings that are scheduled to be torn down to determine if asbestos is present in any form in or on the structures. If asbestos is found the product shall be sampled and analyzed by qualified individuals with the laboratory report being forwarded to this office for review. This process shall be accomplished prior to any actual demolition. Should asbestos prove to be present the applicant shall follow the procedures for removal as outlined in Regulation 8, Section II (B) 4 , titled Asbestos, Demolition and Renovation, of the Colorado Air Quality Control Regulations and Ambient Air Quality Standards. This shall include filing the Notice Of Intent as described in Regulation 8 referred to above. Construction: The applicant shall provide the means to monitor and remove any dirt or mud carryout from the project onto City streets or State highways. This shall involve daily monitoring of the haul routes of equipment entering and leaving the site during the demolition and construction period. Further, daily removal of mud or dirt will be required with the dirt being deposited back on the applicant' s property. Removal of mud and dirt shall be accomplished with a mechanical sweeper that uses water to minimize dust. During actual construction the applicant shall provide an approved means to control wind blown (fugitive) dust from leaving the property should it become a problem. This may take the form of watering, use of dust suppression chemicals, fencing the site, shrouding the work area or any combination of the above. The applicant shall file a fugitive dust control plan with this office prior to construction. The applicant shall also submit an Air Pollution Emission Notice and an Air Pollution Permit application to the Colorado Health Department. The Colorado Health Department will review the permit application and deter- mine if a permit is actually needed. Should it be determined that a permit is not needed the filing fee will be returned to 130 South Galena Street Aspen, Colorado 131611 303/925-2020 ASPEN+PITKIN ENVIRONMENTAL HEALTH DEPARTMENT Agate Subdivision Preliminary Plat March 16, 1987 Page 2 the applicant. Send the information to: Colorado Health Depart- ment, Mr. Scott Miller, 222 S . 6th Street, Room 232 , Grand Junction, Colorado 81501. The authority for the above request can be found in Regulation 3 of the Colorado Air Quality Control Regulations and Ambient Air Quality Standards. Solid Fuel Burning Devices: The total number of solid fuel burning devices that will be installed in this project is not known and is not mentioned in the submittal . The applicant will have to comply with Ordinance 5 series 1986 commonly known as the City Of Aspen Solid Fuel Burning Ordinance. Noise Abatement: The applicant will be required to comply with City Of Aspen Ordinance 2 series 1981, titled Noise Abatement. All noise related to demolition and construction activities will be covered under the maximum decibel levels as directed by the ordinance. Contaminated Soils : If mine dumps, mine tailings or mine waste rock are uncovered during the excavation phase of the project it will be the responsibility of the applicant to have the material tested to determine the heavy metal content of the sample. The test results shall be submitted to this office for review prior to removal of the soil from the site. There is no actual requirement to force the applicant to perform these tests. However, as the result of past involvement with Federal legislation governing the handling and disposition of mine waste, this department wants to have an accounting of all "hazardous waste" should the Federal government decide they want to become further involved in the Aspen area . Sewage Disposal : Service to this project by the Aspen Consolidated Sanitation Districts public sewage collection system is in conformance with policies of this office. Water Supply: Service to this project by the distribution lines as provided by the City Of Aspen Water Department is in conformance with policies of this office. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT Agate Subdivision Preliminary Plat March 16, 1987 Page 3 General : The applicant can visit this office to obtain copies of all codes, rules and regulations or laws referred to in this review. 130 South Galena Street Aspen, Colorado 81691 303/925-2020 EXHIBIT "E" LANDSCAPE DEVELOPMENT COST Description Material & Labor Cost Relocation of trees No. 5, 23, 24, 25, 26, 28, 29, 30 and 31. Planting 9 Colorado Spruce 8 ' minimum height Planting 8 cottonless robusta B & B cottonwoods, minimum 4" diameter caliper Berm Top Soil Sod Seed Sprinkler, Irrigation system serving berm along 7th Street Extra Labor Contract Total: $38,000.00 INSTALLATION COST Description Material & Labor Cost 1 . Alley Construction: $ 7, 126.00 2 . Sidewalk, Bus Stop & Curbs: $ 3, 420.00 3 . Culverting of Ditch - 6th Street: $ 800.00 Contract Total : $11, 346 .00 TOTAL: $49, 346. 00 • Fc it I'h,t * 22 I=7� � REVISED MEMORANDUM TO: Steve Burstein, Planning Office / FROM: Douglas P. Alle „/% RE: \ Conditions of Agate 'efurt Preliminary Subdivision/ PUD Approval by P & Z on April 21, 1987 DATE: r‘May 22, 1987 This Memorandum is amended in accordance with meeting of April 29, 1987 to include Steve Burstein' s comments and requested changes. \ 77 113 �'eiv? (� 1 ) A finar plat shall be recorded with the Pitkin County Clerk and Recorder' s Office meeting the requirements of Section 20-15 and Section 24-8. 12 of the Municipal Code, including names and addresses of adjacent property owners, landscaping plan, and elevations of the duplex structures on lots 1 and 5. 2 ) A subdivision and PUD agreement shall be recorded with the Pitkin County Clerk and Recorder' s Office as meets the requirements as to form of the City Attorney prior to recordation of the plat. 3) On the final plat, the following items shall be shown: a. Building envelopes describing the outer possible location of footprints on lots 2, 3, 4, 6, 7 and 8 shall be shown on the final plat no closer than the driplines of significant trees that remain in their present locations. Tree #27 on lot 2 shall also be retained in its present location, having a drip line approximately 15 feet around its trunk. b. The 7th Street sidewalk shall be shown to jog at least six feet to the west of the trunk of trees #4 and #5, requiring a minor reconfiguration of the landscape berm. c. The landscape berm along 7th Street shall not exceed 6 feet in height. d. The alley entrance onto 7th Street shall be narrowed to paving width not to exceed 14 feet. Signs shall be posted stating "For Service Vehicles Only. No Left Turn" . The alley extension shall be surfaced with pavers. e. A bus stop area, bus stop and curb cut shall 1 • be provided as meets RFTA' s requirements. f. The height restriction of 25 ' shall be allowed to vary to a maximum of 28 ' , for roofs having pitches of 12/12 or more steep, according to the calculation of height in Section 24-3.7(g) of the Municipal Code. Where the height variance is utilized the length of the ridge which exceeds the Code height shall ( i) not exceed 30% of the total of the ridges for the house including the longest dimension as measured along the perimeter of each flat rood ic end (2) where the ridge height r `t variance is utilized, an equal`',length of ridge shall be included in the design at a height that' is an equal amount less than the amount by which any ridge exceeds the Code height limitation. All other uses and bulk requirements in Section 24-3.4 and parking requirements in Section 24-4 shall be adhered to. , 7 _fi g. Site coverage of structures shall be limited $ of each lot; as approved by the Building Department prior to issuance of building permits for individual lots. This site data shall be stated on the plat and in the subdivision/PUD agreement. 4 ) Within the Subdivision/PUD agreement the following items shall be addressed: a. The applicant shall agree to follow the requirements of the Environmental Health Department with regard to air pollution, noise abatement, and contaminated soils as stated in Tom Dunlop' s memorandum of March 16, 1987. b. The applicant shall agree to physically disconnect any old water sewer line from the main, in accordance with the City Water Department' s policy for the abandonment of old sewer lines if new lines are to be installed or existing lines to be abandoned. c. The applicant shall agree to extend the primary wire on 6th Street at a location off the alley for a new transformer, trench and pipe the wire, buy the transformer, and grant an easement to place the transformer on his property according to the Electric Department standards. The applicant shall also agree to pay for half of all primary installed material used and pay for all secondary connectors used in or on the transformer. (Applicant may request City Council to change condition of approval requiring applicant to be responsible for the costs of transformer, secondary and one-half of primary. ) d. The applicant shall agree to joining any Special Improvement District formed in the future that effects this property, to be binding upon all future owners. 2 e. The applicant shall demonstrate compliance with Section 20-22 for any units which are to be condominiumized, or shall agree not to condominiumize any unit for a period of 18 months after its occupancy. f. The applicant or homeowners association shall be responsible for the maintenance of the paved alley which provides access to all of the homes on the block. g. All other key representations in the preliminary subdivision and conceptual subdivision application shall be explicitly stated in the subdivision/PUD Agreement. h. The applicant shall coordinate landscaping of the 7th Street berm and landscape area with the City of Aspen Parks Director. Relocation of all trees shall be accomplished by professionals using techniques acceptable to the Parks Director, and shall only be excavated and moved after the Parks Director has given approval . When foundations are located closer than 3' to the drip line of any trees, excavation and mitigation shall be done with approval and supervision of Parks Director in order to provide for proper cutting of roots and installation of moisture barrier. i. A subdivision/PUD Improvements Agreement and guai'antee shall be prepared prior to final plat submittal meeting the requirements of Section 20-16 and 24-8. 16, meeting the requirements of the City Engineer and City Attorney, and including but not limited to the following improvements represented in the application: 1 . Relocation of 9 trees ( identified as #5, #23, #24, #25, #26, #28, #29, #30 and #31 ) ; 2. Planting 9 new Colorado spruce trees, 8 ' minimum height; 3. Planting 8 new cottonless robusta B&B cottonwoods, minimum 4" diamater caliper; 4. Berm along 7th Street with grass and irrigation system; 5. Continuous curbs around the perimeter of the property except where the 6th Street alley entrance is located; 6. Pavement of alley; 7. Sidewalk along 7th Street; 3 8 . Culverting of ditch on 6th as determined by the applicant to be necessary; 9. Bus stop. j . The applicant shall submit a detailed schedule of demolition, completion of landscape improvements and completion of construction prior to submittal of final plat. Included within this schedule shall be an agreement by the applicant to demolish all structures on the property and complete all 7th Street landscaping, sidewalks and curbing improvements within 24 months of the issuance of the first building permit and shall guarantee the performance of such to the City. 4 DRAnn MEMORANDUM TO: Steve Burstein, Planning Office FROM: Douglas P. Allen RE: Conditions of Agate Court Preliminary Subdivision/ PUD Approval by P & Z on April 21, 1987 DATE: April 23, 1987 1 ) A final plat shall be recorded with the Pitkin County Clerk and Recorder' s Office meeting the requirements of Section 20-15 and Section 24-8. 12 of the Municipal Code, including names and addresses of adjacent property owners, landscaping plan, and elevations of the duplex structures on lots 1 and 5. 2 ) A subdivision and PUD agreement shall be recorded with the Pitkin County Clerk and Recorder' s Office as meets the requirements as to form of the City Attorney prior to recordation of the plat. 3 ) On the final plat, the following items shall be shown: a. Building envelopes describing the outer possible location of footprints on lots 2, 3, 4, 6, 7 and 8 shall be shown on the final plat no closer than the driplines of significant trees that remain in their present locations. Tree #27 on lot 2 shall also be retained in its present location, having a drip line approximately 15 feet around its trunk. b. The 7th Street sidewalk shall be shown to jog at least six feet to the west of the trunk of trees #4 and #5, requiring a minor reconfiguration of the landscape berm. c. The landscape berm along 7th Street shall not exceed 6 feet in height. d. The alley entrance onto 7th Street shall be narrowed to paving width not to exceed 14 feet. S;yas{1.11 b. e014 1+4-1-;.,'fa- srv✓iv v-c L v:ly ,n4 OD I'4'1 4v.n: T4t „Iles eit„+;'+ 54,4 it f✓.fi.4 wrW4 prey r:Pk, e. A bus stop area, bus stop and curb cut shall be provided as meets RFTA' s requirements. f. The height restriction of 25 ' shall be allowed to vary to a m,x ipnum of 28 ' , for roofs having pitches of 12/12 or more steel:44 tI4e` calculation of height in Section 24- 3. 7(g) of the Municipal Code. This height restriction shall only be allowed on lots 1, 3, 4 and 5. Where the height variance is utilized the length of the ridge which exceeds the Code height shall ( i) not exceed 30% of the total of the ridges for the house i;n .or " �� �' f 1 h 104"-P'fa i.Id0.tjrio"' r4e*4f1At roof Dr�rC�1'ar including the longestgd• •• - - - • o any and (2) where the ridge height variance is utilized, an equalj4ength of ridge shall be included in the design at a height that is an equal amount less than the amount by which any ridge exceeds the Code height limitation. All other uses and bulk requirements in Section 24-3.4 and parking requirements in Section 24-4 shall be adhered to. g. Site coverage of structures shall be limited to 37. 6% of each lot, and landscaped area shall be a minimum of 54% of each lot, as approved by the Building Department prior to issuance of building permits for individual lots. This site data shall be stated on the plat and in the subdivision/PUD agreement. 4) Within the Subdivision/PUD agreement the following items shall be addressed: a. The applicant shall agree to follow the requirements of the Environmental Health Department with regard to air pollution, noise abatement, and contaminated soils as stated in Tom Dunlop's memorandum of March 16, 1987. b. The applicant shall agree to physically disconnect any old water sewer line from the main, in accordance with the City Water Department' s policy for the abandonment of old sewer lines if new lines are to be installed or existing lines to be abandoned. c. The applicant shall agree to extend the primary wire on 6th Street at a location of[ , je alley for a new , transformer, trench and pipe the wire rand "grant an easement to place the transformer on his property according to the Electric Department standards. The applicant shall also agree to pay for half of all primary installed material used and pay for all secondary connectors used in or on the transformer. d. The applicant shall agree to joining any Special Improvement District formed in the future that effects this property, to be binding upon all future owners. e. The applicant shall demonstrate compliance with Section 20-22 for any units which are to be condominiumized, or shall agree not to condominiumize any unit for a period of 18 months after its occupancy. f. The applicant or homeowners association shall be responsible for the maintenance of the paved alley which provides access to all of the homes on the block. g. All other key representations in the preliminary subdivision and conceptual subdivision application shall be explicitly stated in the subdivision/PUD Agreement. h. The applicant shall coordinate landscaping of the 7th Street berm and landscape area with the City of Aspen Parks Director. Relocation of all trees shall be accomplished by professionals using techniques acceptable to the Parks Director, and shall only be excavated and moved after the Parks Director Chas given approval, WhoJ �c�sla+e lonwfa •�*� c�nfl.I jJ 4+6J,77,;elh'I'J1/(q�,1,e..�fl 4h. 11111✓111i I-4,6;001A L, v1 'tv Yleott/f.(i.. 44MI J.r 4/r�/��1 t"" J IV/VI/✓ W.'14(eJr+'11•P14 "-1 i. A subdivision/PUD Improvements Agreement and u,;4, 0,4 guarantee shall be prepared prior to final plat submittal meeting the requirements of Section 20-16 and 24-8. 16, meeting the r+n 1) / requirements of the City Engineer and City Attorney, and / - including but not limited to the following improvements represented in the application: 1 . Relocation of 9 trees (identified as #5, #23, #24, #25, #26, #28, #29, #30 and #31 ) ; 2. Planting 9 new Colorado spruce trees, 8 ' minimum height; 3. Planting 8 new cottonless robusta B&B cottonwoods, minimum 4" diamater caliper; 4. Berm along 7th Street with grass and irrigation system; 5. Continuous curbs around the perimeter of the property except where the 6th Street alley entrance is located; 6. Pavement of alley; 7. Sidewalk along 7th Street; 8. Culverting of ditch on 6th as determined by the applicant to be necessary; 9. Bus stop. j . The applicant shall submit a detailed schedule of demolition, completion of landscape improvements and completion of construction prior to submittal of final plat. Included within this schedule shall be an agreement by the applicant to demolish all structures on the property and complete all 7th Street landscaping, sidewalks and curbing improvements within 24 months of the issuance of the first building permit and shall guarantee the performance of such to the City. cotinpahgic Payms, I. ' We farm t}ie Earth 21266 Jncompa.gle Rd. Mca Code JOJ P Boa)758 249,8106 Monboce.Cdaedo 61402 • 4 JuKI g ) 6 U.i t+o(v` IT M Ay Co PLC ttJ T+ I$ IS AN £STMA'7C OK) LA,JO$C4PI j �f t Vic-T-00-1W Sq‘,kA-12G PPajsc I As PEN , 0o . TN �S MATE_ . comPLIES Win+ BER-MHJ66 (Vtovi l.S4 71 -ZEES PL,4 NTI n! IJ Elk) Esc 1 ECT, As St+olunl OhJ PLANS AND _4 Pets ON -71+6 P2alELT . Fog— Ng A-Bout- ►vM EMI ONE-o I.vo,e-t we ESTIMi\T`e- 7Itt_ to T -m BE 4132,06o. RESPECT Fuu_y 4 JAMES S. BikiWAM • MEMORANDUM TO: City Attorney City Engineer City Electric Parks Department FROM: Steve Burstein, Planning Office RE: Agate Court/Victoria Square Subdivision Final/Plat DATE: June 11, 1987 Attached for your review and comments is an application submitted by Doug Allen on behalf of his client C.M. Clark requesting Subdivision/Final Plat approval to demolish the existing struc- ture and re-create an 8 lot subdivision, 6 of which are single- family and the remaining 2 duplexes. The property is situated at Block 17, Aspen Townsite, City of Aspen. Due to the quick turnaround of this particular project, there will be a meeting held on Tuesday, June 16, 1987 from 10:00 A.M. to 12:00 in the Old City Council Chambers, 2nd Floor of City Hall with the referral agencies, at which time your comments must be ready for review. (Parks and Electric Departments may make verbal comments to me on or before the 16th and will not have to attend meeting) . Thank you for your cooperation to this matter. ,WGLTo-saver ai—/Let 58& ease Aced ntren, (903) ------ June 9, 1987 Mr. Steve Burstein City of Aspen Planning Office 130 South Galena Aspen, CO 81611 Re: Victoria Square Subdivision/P.U.D. Final Plat ( formerly Agate Court Subdivision/P.U.D. ) Dear Steve: The purpose of this letter is to consolidate all responses into one letter replacing our previous letter of June 4, 1987 to you, in order to address both your concerns expressed in your letter of May 28, 1987 and our discussions subsequent to that date as follows: 1. The applicant has determined that due to design considerations it will not be necessary to utilize the height restriction variance granted by the Planning and Zoning Comission on April 21, 1987 . The duplex elevations previously submitted as Plat Sheets 4 and 5 of 5 reflect heights which do comply with the existing Code height restriction of 30 feet. The decision to not utilize the height restriction variance at this time is not, and should not be considered, a waiver of the right to exercise the variance. 2. The final plat map on which the plat notes have been printed in typewritten form is Plat Sheet 1 of 5 which you presently have. 3. Paragraph "F" of the improvements agreement has been revised to contain an additional paragraph including the verbatim language from P & Z Condition 4(h) , pertaining to foundation construction techniques as related to tree "driplines" . 4. Section II, paragraph "L" , of the improvements agreement provides as required by P & Z Condition 4(j ) for demolition of all existing structures and completion of landscaping as provided therein within twenty-four ( 24 ) months of the issuance of the first building permit. Just as the construction schedule at Section II, paragraph "B" states that the owner and City acknowledge that exact construction schedules cannot be submitted at this time, it is not possible to submit a detailed demolition schedule at this time. However, it is the intention of the owner to apply for the Ye/we/teat/(303) 925--1390e Mr. Steve Burstein Re: Victoria Square Subdivision/P.U.D. Final Plat June 9, 1987 Page Two first two building permits within thirty (30 ) days of final plat approval. The demolition agreement together with the construction schedule as contained in the improvements agreement is consistent with the Planning and Zoning Commission's recommendations and conditions which were made following a discussion of the necessity to maintain the property as income- producing. Section X, Financial Assurances, provides a performance guarantee in the form of an irrecovable letter of credit in the amount of $58, 846. 00 ( estimated landscaping and paving costs) , of which $47, 500.00 is for 125% of the landscaping cost and $11, 346.00 is for 100% of the cost of sidewalks, curbing and paving of the alley, to be provided to the City prior to the issuance of any building permits. 5 . The cost of the proposed improvements ( landscaping, sidewalks, curbing and paving) is estimated at $49, 346.00. The cost of demolition per the estimates obtained from Woodcrest Services is $0.00. This is due to the fact that demolition, whether performed for the applicant or, (should it be necessary) , for the City, has been agreed to be performed in exchange for the salvage of materials and/or buildings. This performance guarantee is encompassed in Section II .L. and will be guaranteed by the letter of credit. 6. The design guidelines are included in the protective covenants which were previously submitted. 7. Although we have provided in the P.U.D. Agreement in paragraph II.H. the conditions of approval regarding electrical service as stated by the Planning and Zoning Commission, we will be requesting at the Council meeting that the applicant not be "double-dipped" for the cost of undergrounding. In other words, the applicant has already borne the cost of undergrounding for the 24 existing units ( as have other property owners in the West End) and should not be charged twice for these improvements. I believe this addresses all of the presently stated concerns of the Planning Office concerning the final plat. If you have any questions or need further clarification, please call me. • •• ally, Dougla P. Allen DPA/ m Enclosures cc: C. M. Clark goi � e ,914/4e P4. .nr.e 5C70 � d A cdSh %tett, - 6/6WW 694 in crow June 4, 1987 HAND DELIVERED Mr. Stephen Burstein Aspen/Pitkin Planning Planning Office 130 South Galena St. Aspen, CO 81611 Re: Victoria Square Subdivision/P.U.D. Final Plat ( formerly Agate Court Subdivision/P.U.D. ) Dear Steve: This letter will respond to and address, in order, the concerns raised in your letter of May 28, 1987, to Doug Allen: 1 . The applicant has determined that due to design considerations it will not be necessary to utilize the height restriction variance granted by the Planning and Zoning Commission April 21, 1987. The duplex elevations submitted with this letter comply with the existing Code height restriction. The decision to not utilize the height restriction variance at this time is not, and should not be considered, a waivor of the right to exercise the variance. 2. Also submitted with this letter is the final plat map on which the "plat notes" have been printed in typewritten form. 3. Paragraph "F" of the improvements agreements has been revised to contain an additional paragraph to include the language from Condition 4.h. , pertaining to foundation construction techniques as related to tree "driplines" . 4. Section II, paragraph "L" , of the improvements agreement provides for demolition of all existing structures and completion of landscaping as provided therein within twenty-four ( 24) months of the issuance of the first building permit. Just as the construction schedule at Section II, paragraph "B" states that the owner and City acknowledge that exact construction schedules cannot be submitted at this time, it is not possible to submit a detailed demolition schedule at this time. However, it is the intention of the owner to apply for the first two building permits within thirty (30) days of final plat approval . The demolition agreement together with the construction schedule as contained in the improvements agreement is consistent with the Planning and Zoning Commission' s recommendations and conditions which were made following a Yei,(6co/+i«,,j 69499 .91"5-9�996e discussion of the necessity to maintain the property as income- producing. Section X, Financial Assurances, provides a performance guarantee in the form of an irrevocable letter of credit in the amount of $46, 000.00 (estimated landscaping and paving costs ) , to be provided to the City prior to the issuance of any building permits. 5. The costs of the proposed improvements ( landscaping and paving) is estimated at $46, 000. 00. The estimated cost of demolition is $0.00. This is due to the fact that demolition will be performed in exchange for materials and/or structures. Again, the performance guarantee is contained at Section II, L, as well as with the letter of credit. 6 . The design guidelines have been submitted as part of the protective covenants. I hope this letter has addressed your concerns. Should you have any questions or desire further clarification of any issues please do not hesitate to contact me. Sincerely, LAW OFFICES OF DOUGLAS P. ALLEN by: ( n David B. Her ngton DBH/s enclosures ezerYaet <9r S en de tw . at cfeW e9addiata cinej, 3Le5goit . cP/6W (303) 925 dt00 May 19, 1987 I I';a L R ` Mr. Steve Burstein �E W1 Y O 1987 City of Aspen Planning Office 111;\ ; 17 130 South Galena Hi3' Aspen, CO 81611 — -- Re: Victoria Square Subdivision (Formerly Agate Court Subdivision) Dear Steve: In connection with the final plat of the above subdivision I enclose the following: 1 . My check in the amount of $900.00 for the application fee. 2. P.U.D. and Subdivision Improvements Agreement for Victoria Square Subdivision. 3. The 5-page final plat for the Subdivision. These comply with Section 20 ( Subdivision) as well as Section 24- 8. 12 (P.U.D. ) . I would appreciate having this processed so that we may have a hearing before Council at the June 8, 1987 meeting as both the lender' s loan commitment and the timing for construction to commence this summer are critical to my client. If there is anything I can do to expedite and assist in achieving that specific hearing date, please let me know. ' "CY you• .s len DPA/pkm Enclosures cc: C. M. Clark Ye/649,4,4c/(303 925-9394 ASPEN/PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, CO 81611 (303) 925-2020 Date : IH4i Z!, i42 I RE: V T prI wM S,.,4(t 1 f0«'•1) A,y1t) city,' 6,14- Dear DO,/ AI ii. This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS NOT complete. Additional items required include: Disclosure of Ownership (one oo py only needed) , Adjacent Property Owners List/Envelopes/Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica- tion Response to list of items (attached/below ) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ A. Your application is complete and we have scheduled it for review by the on We will call you if we need any additional information prior to that date. Several days prior to your hearing, we will call and make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3 .00 fee. B. Your application is incomplete, we have not scheduled it review at this time. When we receive the materials we have requested, we will place you on the next available agenda. t6Lilitacru� +cahalf �Yl If you have any questions, please call StCY d h the planner assigned to your case. Sincerely, ASPEN/PITRIN PLANNING OFFICE a Aspen /Pitkin Planning Office 130 south galena street aspen , colorado 81611 May 28 , 1987 Mr. Douglas P. Allen Courthouse Plaza Bldg. 530 E. Main St. - Aspen, CO 81611 Re: Victorian Square Subdivision/PUD Final Plat (formerly Agate Court Subdivision/PUD) Dear Doug, This letter is to inform you that the Victorian Square Subdivis- ion/PUD final plat is incomplete. We are requesting the follow- ing information and clarifications before this case can be scheduled before City Council: 1 . Elevations for the duplexes on Lots 1 and 5 do not comply with Condition 3 (f) of the Planning and Zoning Commission's preliminary plat approval (approved on April 21, 1987) . A set of elevations, demonstrating compliance with this condition, should be submitted. Additionally, a statement of the height restric- tion for the project should be stated on the plat. 2 . Those scribbled notes called "plat notes" are confusing and appear to contradict the preliminary plat approval. The seven (7) sections of Condition 3 should be clearly stated as approved. 3 . At our pre-application meeting of April 29, I believe it was agreed that Condition 4.h. , as it pertains to the design and construction techniques of foundations when within proximity of the "driplines" of trees, would be further detailed and clarified in the final plat and improvements agreement. Paragraph F. of Chapter II. Construction of Improvements (last sentence) should be rewritten to better address this matter. 4 . No detailed schedule of demolition, agreement by the appli- cant to demolish all structures, and guarantee for perform- ance of such to the City have been provided in your Improvements Agreement, as meets Condition 4 (j) . This should be addressed. Mr. . Douglas P. Allen Re: Victorian Square Subdivision/PUD Final Plat May 28 , 1987 Page 2 5 . The Engineering Department agreed that the applicant is responsible to estimate costs of the proposed improvements and, in this case, the costs for demolition for the purpose of determining an acceptable improvements agreement and guarantee. Both estimated costs and the proposed guarantee should be provided in this submittal . 6. No reference appears to be made to the design guidelines. Please clarify how those guidelines are to be used by the applicant, and, if appropriate, please submit as covenants of the project. This is by no means an exhaustive analysis of the Victorian Square final plat submittal ; and more comments or requests for additional information may come later after more review. However, this is a comprehensive list of materials which will be required prior to our certification of the application as complete. I believe it should be obvious that this application cannot be considered complete until the above information is provided. We will not schedule this case for City Council review until it is complete. Please also note that once the application is complete, it will be scheduled for the appropriate Council agenda giving adequate time for referral agencies to respond (at least 14 days, as per Section 20-14 (b) ) and the Planning Office time to prepare its comments. If you have any questions, please contact me. Sincerely, Stephen Burstein, Aspen/Pitkin Planning Office cc: Glenn Horn, Assistant Planning Director sb.vicsqua PRE-APPLICATION CONFERENCE SUMMARY ., u PROJECT: APPLICANT' S REPRESENTATIVE: REPRESENTATIVE' S PHONE: OWNERS NAME: SUMMARY 1. Type of Application: 2. Describe action/type of development being requested: 3. Areas in which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments ) re s q 7 Nr =. >�r� tH, .rI�I'.' rt. .1 i1— 4. Review is: (P&Z Only) <(CC/BOCC Only) (P&Zthen to CC/BOCC) 5. Public Hearing: (YES) (NO) 6. Did you tell applicant to submit list of ADJACENT PROPERTY OWNERS? (YES) ((NNO) Disclosure of Ownership: (YES) : (NO) 7. What fee was applicant requested to submit: 8. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS: Lur F"'h j' '°'^ r,, it-�ed Tc �JL !pi 4:13/4wrj _ S.,PV ',Fpft ! i0( /I Ji /ry afC)