HomeMy WebLinkAboutcoa.lu.pu.Victoria Square Agate Court .85A-89 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 9/5/89 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735-124-30-001 85A-89
STAFF MEMBER:
PROJECT NAME: Victoria Square Insubstantial PUD Amendment
Project Address:
Legal Address: Block 17, City & Townsite of Aspen
APPLICANT: AJJ Limited Partnership
Applicant Address:
REPRESENTATIVE: Gerd Zeller, Zeller Construction
Representative Address/Phone: P. O. Box 37
Aspen, CO 81612 923-4377
PAID: ES NO AMOUNT: lrl ' n NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
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 Building Inspector
Envir. Hlth. Roaring Fork Other
Aspen Consol. Energy Center
S.D.
DATE REFERRED: INITIALS: Q�
FINAL ROUTING: DATE ROUTED: /o/)c�f J INITIAL:
City Atty City Engineer Zoning Env. Health
Housing Other: 0
FILE STATUS AND LOCATION: /C1 / �t /�/
16;90
P.U.D. AND SUBDIVISION IMPROVEMENTS AGREEMENT
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:
63087
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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
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"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" .
ok twli
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
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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 materiaLused 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.
p�r�'" L. Demolition. Owner agrees to demolish all existing
�uN` j L( 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
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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
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.
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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
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) .
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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.
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.
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
9
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
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
/4 L. s �i By: `„ '
Kathryn S' Koch, City Clerk William Stir ing
C. M. Clark, Owner
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APPROVED AS TO FORM:
i
tQ0 1._..... Stu
Ci y A orney
.TATE 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
Schedule Date
Protect trees to be saved on lots on which
construction is started. 7 days prior to start
1/ of construction
014 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
O K Begin landscaping on first 2 houses 4-1-88
Begin landscaping on next 4 houses 5-1-90
Begin landscaping on last 2 houses 5-1-91
0 K Complete landscaping around first 2 houses 5-29-88
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 landscaping on 7th Street,
sidewalks, curbs and gutters and
demolition of all existing structures. 24 months from issuance
Planting of new trees in public right of 1st building permit
of way as shown on Plat Sheet 3 of 5
Homeowners Association shall have continuing responsibility for
maintenance of landscaping on 7th Street.
EXHIBIT "D"
ASPEN*PITKIN
ENV,. .ONMENTAL HEALTH OEPAI TP �' r i? I�1
p1F,MORnNPt1M i.,,,•.
MAR 18
•
To: Steve Burstein, Planning Office
•
From: Thomas S. Dunlop, Director 758
Environmental Health Department
Date: March 1G, 1907
Re: Agate Subdivision Preliminary Plat
==============================_ -=
This office has reviewed the above-mentioned submittal for the
following environmental concerns.
Ai?"-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 Gelen• Street Aspen, Colorado 51811 303/S26-2020
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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
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 81811 303/925-2020
ASPEN4PITKIN
ENVWONMENTAL HEALTH DEPARTMENT
Agate Subdivision Preliminary Plat
March 16, 1907
•
Page
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 Gelane Street Aspen, Colored; 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
Top Soil
Sod
Seed
Sprinkler Irrigation system serving
Landscaped Area 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: S 800.00
Contract Total: $11,346.00
TOTAL: $49,346.00
MEMORANDUM
TO: Bill Drueding, Zoning Officer
FROM: Leslie Lamont, Planner
RE: Victoria Square Insubstantial PUD/Subdivision Amendment
DATE: September 14, 1989
SUMMARY: The applicant seeks to amend the PUD/Subdivision
Agreement for Victoria Square Subdivision. This memo is the
second response from this office regarding replacement of the
brick pavers. The first memo, dated September 13 , 1989,
recommended approval to use concrete stamped to resemble brick
pavers and to improve both ends of the alley. In staff's
opinion, stamped concrete is keeping within the intent of the
original approvals.
The applicant has now submitted a second proposal. The agreement
now reads "The west 30 ' of alley shall be paved with brick
pavers. . . " The applicant, in this second proposal, seeks to
amend the language to read, "The west and east 15 ' of the alley
shall be concrete with a brick paver border. "
FINDINGS: Pursuant to Section 7-907 A. of the Land Use Code the
proposed changes to the PUD/Subdivision Agreement are
insubstantial and may be authorized by the Planning Director.
A review of the files did not reveal a particular discussion
regarding the brick pavers at the end of the alley. It was
noted, however in Steve Burstein's June 1987 memo, that the
entrance to the west 30 ' of the alley shall be paved with brick
pavers. The project engineer from the Engineering Department
acknowledged that the brick pavers were not a significant issue
of concern during the review process.
Staff, however does not agree that the brick pavers should be
replaced with concrete and only a brick paver border. It is
fairly apparent that the paver feature at the west end of the
alley was significant enough in the review of this project to be
outlined in Steve Burstein's 1987 memo and to be specifically
called out in the PUD/Subdivision Agreement. This kind of
proposed amendment to the Agreement is straying too far from the
original review and approval of this development.
The full 30 ' at the west end of the alley should be improved
instead of only 15 ' . The west end of the alley is right off of
Highway 82 at the entrance into the City. Staff, including the
project engineer, believe it is important to add depth to the
alley's enhancements rather than chopping the improvements off at
15 ' .
RECOMMENDATION: Staff recommends that the Planning Director deny
the insubstantial amendment to the PUD/Subdivision Agreement and
reconfirm the original language in the Agreement which reads "the
west 30 ' of the alley shall be paved with brick pavers. . . "
I hereby deny the above
insubstantial amendment to the
PUD/Subdivision Agreement pursuant
to Section 7-907 A. of the Aspen
land Use Code.
7/% t /tAr■ 0%7 Amy rgerum, P1 ping Director
2
VYMORANDUM
Officer
Bill prueding , Plane off UD/Subdivision Amendment
To Leslie Lamont,tro Insubstantial. P -
FRAM' _
Victoria Sq`i
RE: temper 13 . 19g9 -_ _-- pUD/Tub ent s now
PATE September
_- - to amend the agreement
pavers. . ."
a ors and west
_A" e applicant seeks
Sub be pad oired brick en brick or SUMMARY:applicant for Victoria ofalle thellang tconeaete
Agreement"Th ca t se K a1 o amend shall be stamped Land Use onto the
appli the the teem aY
east blestonefdesign �� to Section pUD/Sub theiPlannirig Direotor sjon
Pursuant to theorized by Planning
DY discussion
was
A rev FINDINGS:w changes f Y be authorized
a p the a11eY' that the of proposed
rop insubstantial did not end of 8� memo, with brick
regarding the files savers at the June 1 be paved Department
A r the e in
est Steve d of the alley the Engineering be paved ant issue
reg dI however west end engineer from were of a
entrance tTheli project btgicK pavers cess of the alley ers ends
pavers.c edn during the review process.enhance both o replace snow Yeov resemble
of concern that to agree that t repl ged to re$ean be
staffs opinion does not maintenance tin one that can It is
appropriate.
ppic Sta pod concrete s s believe that adjustment appropriate In Aspen
However fis brick ign is more as brie
prick pavers A br Dyed and stamped right off
that supported.cobblestonewest end shove t endioCi Ye alley dd depth including
to 30, at the The e only he 'belt believe it cimportanthe to add d depth
project enhancements rather than alley shall be improved,
15� both ends of ease end all b substituted
t e
To nc west st summarize: and
ed to resemble brick shall n
ally proposed. pia ni
concre RECOMMENDATION:stamped ecoma dmeritateoeaSte 15 U�
pavers
approve the me and th
greementt to read "The
west
shall be stamped concrete of brick design. "
the following conditions shall also apply:
1. the applicant shall amend the plat to indicate the 15 '
improvements on the east end of the alley and submit the plat to
the Engineering Department; and
2 . the applicant shall record an amended PUD/Subdivision
Agreement with the City Clerk.
I hereby approve the above
insubstantial amendment to the
PUD/Subdivision Agreement pursuant
to Section 7-907 A. of the Aspen
land Use Code.
Amy Margerum, Planning Director
2
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Zeller Construction
P.O. Box 37
Aspen, Colorado 81612
(303) 923-4377
September 13 , 1989
City of Aspen Planning Dept .
Attn . Leslie Lamont
AJJ Limited Partnership , the developer , would like to amend the
P . U . D . and Subdivision Improvements Agreement for Victoria Square
Subdivision , page 3 , D.
The agreement reads , "the west 30 ' of the alley shall be paved
with brick pavers . . . " This should be amended to read , the west
and east 15 ' of the alley shall be concrete with a brick paver
border .
We feel that by complying with the original agreement , the home
owners will be open to, annual repair costs to maintain the alley
entrance . Further , we feel after experiencing two winters of the
City plowing the alley with their grader , much of the necessary
maintenance will be directly attributable to the city snow re-
moval policy .
Secondly , we feel that to enhance both ends of the alley is
superior over doing only the Highway 82 side not only for the
City , but the home owners as well .
In conclusion , we are asking for only a yes or no ! !
If you feel in the negative towards our proposal , we ,will install
brick fivers on the west end of the alley .
4
T$a n k/— o ,!
I� _
Getdl eller
Zeller Construction , Inc .
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Zeller �������w��������1�~����
=~ �� Construction
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Aspen, Colorado 81612
(303) 923-4377
September 1 , 1989
City of Aspen Planning Dept.
Attn. Leslie Lamont
AJJ Limited Partnership , the developer , would like to amend the
P. U. D. and Subdivision Improvements Agreement for Victoria Square
Subdivision , page 3, D.
The agreement reads, The west 30 'of the alley shall be paved with
brick pavers. . . This should be amended to read , The west and east
15 ' of the alley shall be stamped concrete of brick or cobblestone
design.
vwrl�
G* d . Zeller
Zeller Construction , Inc ,