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HomeMy WebLinkAboutLand Use Case.700 E Main St.18A-89r , 111/ 1 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 3/20/89 PARCEL ID AND CASE NO. DATE COMPLETE: `1 `3 sal 2737-073-27-002 18A-89 STAFF MEMBER: CN PROJECT NAME: 700 East Main Growth Management/PUD Amendment Project Address: 700 East Main St. Legal Address: APPLICANT: The Elmore/Yow Group Applicant Address: c/o Garfield & Hecht 601 E. Hyman Aspen REPRESENTATIVE: Sunny Vann, Vann Associates Representative Address/Phone: P. O. Box 8485 Aspen, CO 81612 5-6958 A PAID: YES NO AMOUNT: 1,750.00 NO. OF COPIES RECEIVED: 21 r, TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date g" PUBLIC HEARING: ® 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: REF LS: J City Attorney Mtn. Bell School District -C-ity Engineer Parks Dept. Rocky Mtn Nat Gas ( Z Housing-5 r Holy Cross State Hwy Dept(GW) ( v,"-- Aspen Water: K✓ Fire Ma sr hall State Hwy Dept(GJ) City-Electric ``"Building Inspector -Envir--H1th.. Roaring Fork- Other (-V" Aspen Consol> Energy Center �. N S.D. DATE REFERRED: `7`/7/� 7 INITIALS: ,� FINAL ROUTING: DATE ROUTED: D CtT INITIAL:6R U City Atty City Engineer Zoning Env. Health Housing Other• (: � t FILE STATUS AND LOCATION: 1 :�.J Rec $20. 4113K 73i 740 • #36341/ j., �.�.'`=r�� ,. __e Davis , PitKin .ntY Clerk , Doc $. 00 FIRST SUPPLEMENTAL CONDOMINIUM DECLARATION FOR RIVER PARKIN ASPEN CONDOMINIUMS This First Supplemental Declaration for River Park in Aspen Condominiums is executed this iG day of ✓ ii? rj 1993 by Jaelly and Associates, Ltd. , a Colorado limited partnership. RECITALS WHEREAS, JAELLY & ASSOCIATES, LTD. , A COLORADO LIMITED PARTNERSHIP (the "Declarant") caused to be recorded a CONDOMINIUM DECLARATION FOR RIVER PARKIN APSEN CONDOMINIUMS in Book 653 at Page 873 et seq. (the "Declaration") 'with the clerk and recorder of Pitkin County, Colorado. , WHEREAS, pursuant to Article VII, paragraph 7 . 2 of the Declaration, the Declarant therein reserved the right to construct or designate additional common elements and condominium units on the condominium project (the "Project") and reserved the right to subject such additional improvements to the Declaration without obtaining the consent of the Condominium Association or any owner or any Mortgagee. The maximum number of condominium units which. Declarant may make subject to the Declaration is fifteen (15) . WHEREAS, pursuant to Article VI, paragraph 6. 1 of the Declaration, the Declarant therein reserved the right unto itself, from time to time, without the consent of any owner or mortgagee being required, to amend the Condominium Map for River Park in Aspen Condominiums which is recorded in Book 27 at Page 11 of the clerk and recorder of Pitkin County, Colorado (the "Map") and any supplements or amendments to the Map to conform the map to the actual location of any of the constructed improvements, to establish, vacate and relocate utility easements, access easements and parking spaces, if any, and to establish certain General Common Elements as Limited Common Elements. WHEREAS, the Declarant therein reserved the right for itself and its agents, ' employees and contractors to do whatever Declarant deemed necessary or 'advisable in connection with the construction or other work to be performed for the development of the Project, including, but not limited to, the construction of all additional improvements by Ithe Declarant in a subsequent, phase • of construction. WHEREAS, the Declarant has completed the construction of nine (9) additional condominium units to the Project which results in there being a total of fifteen (15) condominium units on the Project. )2- a '/3 fC 7 r/ #3631111 11/17/9.3 15: 45 Rec $' ;, O, t 731 PG 741 Si . L :_ Davis ,J Pitkin Cfli='•f Clerk , Doc $. 00 1 • WITNESSETH NOW THEREFORE, the Declarant does hereby publish and declare that the following terms, covenants, conditions, easments, restrictions, uses, limitations and obligations shall be deemed to run with the land, shall be a burden and a benefit to Declarant, its heirs and assigns and any persons acquiring or earning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, designees or assigns. 1. The improvements being made shall consist of the following additional units and shall be designated as such: Building C, Unit 7 , 8, and 9 ; Building D, Units 10, 11, 12 , 13 , 14 , and 15; 2 . Any and all additional improvements shall become subject to the Declaration by the recording of the first Supplemental Condominium Declaration for River Park in Aspen Condominiums (the • "Supplemental Declaration") and the First Supplemental Condominium Map for River Park in Aspen Condominiums (the "Supplemental Map") with the clerk and recorder of Pitkin County Colorado; 3 . Recordation of the Supplemental Declaration and Supplemental Map shall cause the following to occur automatically without the necessity of filing any further documentation or taking any further action by the Declarant, any Owner or any Mortgagee; (a) The definitions used in the Declaration shall be expanded to encompass, refer to and include the additional improvements. The additional Condominium Units shall become Condominium Units and the additional Common Elements shall become a part of the Common Elements for all purposes. (b) Each unit ' s undivided interest in the Common Elements as set forth on Exhibit A to the Declaration shall be reallocated to' reflect the addition of Condominium Units to the Project and such reallocation of the undivided percent interest shall be based on each units proportionate share of the total square footage of all units then comprising the Project. Recordation of this Supplemental Declaration and the Supplemental Map shall also operate to vest in any Mortgagees of units a security interest in the undivided percentage interest of an Owner based on such reallocation of undivided percentage interest. Based on the maximum aggregate number of fifteen (15) units, each unit would be allocated an undivided percentage interest in all Common Elements as shown on Exhibit A attached hereto and incorporated • herein by this reference. (c) As a result of additional Condominium Units being submitted to the Declaration, the common expenses shall be shared as set forth in Article XIV of the Declaration by the total number of units subject to the Declaration in proportion to their respective undivided percentage interest as reallocated in this n ii i 1 45 Rec $20. 00 Irk:: 742 Silvia I�.at Pitkin i_n y Clerk , 70013 Supplemental Declaration. 4 . The provisions of this instrument shall be in addition and supplemental to the provisions contained in the Declaration. - 5. The provisions of this instrument shall be in addition to and supplement the Colorado Common Interest Ownership Act of the State of Colorado. • IN WITNESS WHEREOF,' this First Supplemental Condominium Declaration for River Pprk in Aspen Condominiums; is executed this /& day. of , 1993 . DECLARANT: JAELLY & ASSOCIATES, LTD. , A COLORADO LIMITED PARTNERSHIP BY JAELLY, INC. , A COLORADO CORPORATION, GENERAL PARTNER / 3 By - /i/c • David Le1Gitt, President STATE OF COLORADO ) ss. • COUNTY OF PITKIN ) Th or in i strument was acknowledged before me thislir day of , 1993 by David Levitt as President of Jaelly, Inc. , a Colorado corporation, Ge -ral Partner of Jaelly & Associates, Ltd. , a Colorado limited p. nership. • Witness my hand and officia -al . '•••My' commission expires: NNLA "• •'Ttary Pub g� • c:\pm\re\ a�L1 y.scd ?iO • • y 15: 45 Rec $20. 00 E K • F'G 743 Silvia Davis , Fri t:'<i n LnLy Clerk , . Doc $. 00 EXHIBIT A UNIT APPROXIMATE UNDIVIDED PERCENTAGE SQUARE FOOTAGE INTERESTS2 Building A: 1 6371 8 . 7% 2 6198 8 . 4% 3 6232 8 . 5% 4 6288 8 . 6% Building B: 5 5354 7 . 3% 6 5326 7 . 3% Building C: • 7 5378 7 . 3% 8 5345 7 . 3% 9 5197 7 . 1% Building D: 10 6408 8 . 7% 11 6479 8 . 8% 12 6418 8 . 7% 13 1035 1. 4% . 14 582 . 0. 8% 15 822 1. 1% 1 Plus or minus two and one-half percent (2 . 5%) from actual building square footage. 2 Interests are rounded for convenience and to, accomodate the approximate square footage measurements. 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' ' L_______t____„, ____ , I / .1 ' "i- __hi—--- —__. , _ __ • ___ , ___.._.____( .. . .. . i w ------- 1 "--------------.4 I •-I-7 ,e1-1-S 0 !WS'N t —_,—. ...._. / I I _ 5 ) I 1, if-. — -- --- 1 ' • 1 I 4 ... . . . . I 1 • I . 411 Exhibit A (10 sheets, 1-9A) , which conforms to the requirements of Section 7-1004 of the Code. The City agrees to accept such plat for recording in the office of the Pitkin County Clerk and Recorder, upon payment of the recordation fee and cost to the City by Owner. 3 . Construction schedule and Phasing. The City and the Owners mutually acknowledge that exact construction schedules cannot be determined at this time. However, it is anticipated that construction of the Project will begin no later than three years from the vesting of the Owners' property rights in the Project. The anticipated construction schedule is as follows: a. Units 3, 4 , 5 and' 6, and the accessory unit to Unit 6, and the subgrade parking garage are expected to be under construction on or before June 1, 1990, and completed by June 1, 1993 . b. Units 1,2, 7, 8, and 9 and the accessory units to Units 7 and 9 will be under construction on or before June 1, 1991 and completed by June 1, 1993 . c. Units 10 - 12 , the employee housing units and the accessory units to Units 10 and 11 will be under construction on or before September 1, 1991 and will be completed by June 1, 1991. d. The swimming pool is expected to be under construction on or before June 1, 1990, and completed by June 1, 1993 , and the common courtyard areas will be completed in accordance with the completion of construction of the adjacent Units. e.. The public improvements identified in paragraph 4 of this Agreement are expected to be under construction on or before June 1, 1990, and completed by June 1, 1991, and each element thereof shall be installed as soon as possible consistent with adjacent Project construction. All such public improvements shall be completed by Owners and accepted by the City prior to issuance of any certificates of occupancy for the Project or within three years of the date hereof, whichever first occurs. 4 . Landscaping Improvements. In accordance with the Code, the landscaping improvements shall be installed as represented and shown on the plan attached hereto as Exhibit B, which plan shows the extent and location as well as the type of plants to be installed, and all landscape features, flower and shrub definition, proposed treatment of all ground surfaces - 3 ___ III III (e.g. , paving, sod, gravel, etc. ) and the other elements of the landscape plan. The landscaping shall be installed as soon as possible, no later than the first planting season following the completion of the construction adjacent to the area of planting. ; The Owners shall promptly replace any plants which have not survived for a period of two growing seasons following the final certificate of occupancy for the Project. 5. Public Improvements. a. Sidewalks and public seating. The Owners will construct sidewalks in accordance with applicable City of Aspen Engineering Department standards in conjunction with their construction of the Project. These sidewalks located along the east side of Spring Street between Main and the Creektree Driveway and along the north side of Main Street from Spring Street to Neal Street and along the south side of Neal Street to the Roaring Fork River bridge will include a two-foot grass area ' between the curb and sidewalk as represented and shown on the plan attached hereto as Exhibit A. The curb along the sidewalk on the north side of Main Street shall be nine inches high. The Owners will install at least two benches for public seating at the corner of Spring Street and Main Street; and one bench and decorative rock formations on which it is possible to sit at the river overlook along the north side of Main Street overlooking Herron Park, as shown on the landscape plan. Owners shall obtain any required permits from the Colorado Highway Department for construction of the sidewalks along Main Street prior to obtaining building permits on the Project. b. Water lines. The Owners will provide an interconnect for the Project by extending the dead-end water line with two isolation valves as shown on the final plat. c. Sewer lines. A plastic pipe slip line will be installed on the last segment of the Rio Grande collection system for a distance of 300 feet to the trunk line, in order to service the Project. d. Fire hydrants. The fire hydrant which currently is located at the southwest corner of the Project will be upgraded by either replacing the hydrant with one which has an additional nozzle or, if so requested by the City of Aspen Fire 'Marshall, by upgrading the existing hydrant with an alternative similar system. In addition, the Owners will install a new fire hydrant at the southeast corner of the Project and will sprinkler all of the Units for fire protection safety. - 4 - e. River bank stabilization. No vegetation will be removed nor any slope regraded such that the Roaring Fork River will be adversely affected. All disturbed slopes will be stabilized during construction and appropriate measures taken to prevent erosion. Lincoln DeVore Testing Laboratory has prepared a report, attached hereto as Exhibit B, which makes certain additional erosion-control recommendations and specifications which, when implemented will prevent further undercutting of the bank along the east side of the Project by the Roaring Fork River. Currently, the River is undercutting its banks along the southeast edge of the Project, on City property, and on the northeasterly edge of the Project property. The Lincoln DeVore report requires that boulders of a certain size and specification must be used to prevent further erosion. The City shall, to the extent available without cost to the City, provide and deliver boulders meeting the specifications of the Lincoln DeVore report in order to take steps recommended in the report to stabilize the undercut eroded area located on the City property and shall provide and deliver any additional boulders available to the City to the undercut erosion area on the Project property. The Owners shall provide any additional materials and required labor and shall install the riprap as recommended in the Lincoln DeVore report in both the undercut areas on the City property and on the Project property. In the event any further permits from governmental entities other than the City are required for such installation, the party on whose property the installation is to be located shall obtain such permits. 6. Security for public improvements and landscaping. In order to secure the performance of the construction and installation of the landscaping and public improvements described above, the Owners shall provide a bond, letter of credit, cash or other guarantees in a form satisfactory to the City Attorney in the sum of $183 , 233. 25. Said guarantee will be delivered to the City prior to the issuance to the Owners of a building permit for the Project. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owners in their obligations specified herein, to withdraw funds against such security sufficient to complete and pay for installation of such public improvements or Project landscaping. As portions of the improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, he shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten-percent of the estimated cost of the improvements shall be withheld for the benefit of the City until the completion of all of the described public improvements, and the retainage for the landscaping shall - 5 • be withheld until two growing seasons following the certificate of occupancy for the Project. The Owners shall require all contractors to provide a warranty that all improvements were constructed to accepted standards of good workmanship for the benefit of the City for the installation of the public improvements described herein for one year from the date of acceptance. In the event that any existing municipal improvements are damaged during Project construction, on request by the City Engineer, a bond or other suitable security for the repair of those municipal improvement shall be provided by Owners to the City. Prior to construction of any improvements of the Project, the Owners will secure a new estimate of the cost of installation of the public improvements and Project landscaping. If the new estimate, as approved by the City Engineer, exceeds the amount set forth in the first sentence of this paragraph, the security will be increased in such amount. If, however, the new estimate is lower, the security will be decreased by the amount necessary to match the current estimate. 7 . Utility Easement and electrical transformers. A utility easement, in the location as shown on the Plat, is dedicated by the Owners for the benefit of the City and public utility companies. In addition, the Owners will relocate the existing utility transformers on the west part of the Project near the vacated alley to an appropriate location north of the existing transformer site. 8. Drainage. The storm sewer system and dry well for site drainage, water retention and other site drainage features • will be installed in accordance with the representations, drawings, plans and reports attached hereto as Exhibit A. 9. Parking. Owners shall construct 50 subsurface parking spaces (five of which will be for use by compact cars) . The parking spaces shall be constructed prior to a certificate of \Nt occupancy of the Units. Employee housing requirements. Owners shall construct housing for 5.75 employees on site in two one-bedroom employee units and one two-bedroom unit, all of which will be deed-restricted to the Pitkin County Housing Authority's low- income guidelines, provided that the Owners shall have the right to designate the occupant of such unit and give occupancy PC priority to employees of the Project, and any occupant who is an employee shall not be required to meet income or asset limitations of the low-income guidelines. The units are initially intended to be rental units, but the Owners reserve the right to sell the units in accordance with the sales guidelines - 6 -. 111 established by the Housing Authority. In addition, the Owners will provide a payment-in-lieu for 22 employees at the low income payment levels, for a total of $440, 000. 00, to be paid prior to issuance of building permits for the Project. The deed restrictions for the employee units are attached hereto as Exhibit C. The three previously existing units on the Project may be reconstructed and are exempt from growth management, employee housing and park dedication fees. Those previously existing units are the Ware residence on Spring Street, the Bevan residence at 120 North Spring Street and the former Mikkelsen residence at 700 East Main Street ( demolition permit number 9758) . The employee units are also exempt from Growth Management Plan requirements and the fee dedications. 11. Park dedication. The City agrees to accept park development impact fees (Section 5-603) for the Project in lieu of land dedications for parks. The employee units and the three previously existing units are exempt from requirements for a park development fee (Section 5-606) . The previously existing units consisted of two three-bedroom and one one-bedroom units. The resulting park development fees owed by the Project are as follows: a. Nine three-bedroom units at $3 , 120. 00 each, for $28, 080. 00; b. Three four-bedroom unit at $3, 120. 00 each, for $9360. 00. Thus, the total park development impact fee for the Project is $37, 440. 00. This fee shall be paid prior to the issuance of building permits for the Project. 12 . Condominiumization. The City has approved the condominiumization of the Project, and the City agrees to accept, execute and approve for recordation a condominium plat prepared in accordance with the Code. As the Owners have provided affordable housing pursuant to Sec. 8-106 (E) (5) of the Code, the Project is exempt from paying the Affordable Housing Impact fee. The Owners shall record a condominium declaration and shall create a corporate non-profit homeowners' association and articles of incorporation and by-laws. The association shall be responsible for the perpetual maintenance of the Project common elements and open space in good repair and in a clean and attractive condition. Membership in the homeowners' association shall inure to a Unit owner on the transfer of title. The - 7 - I association board of directors shall consist of at least three unit owners in the Project. Owners agree to join any improvement district formed for the area in which the Project is located. 13 . No fireplaces. The Project shall not contain any wood-burning stoves, fireplaces or similar devices. 14 . Maximum floor area. The Project shall consist of no more than 43, 000 square feet. 15. Fisherman Easement. The Owners shall grant a fisherman's easement along the west bank of the Roaring Fork River and the easement shall be five feet in width and will be shown on the Plat for the Project. 16. Material Representations. All material representations made by the Owners on the record to the City in accordance with the amendment of the Cottonwood Park Subdivision and P.U.D. approval shall be binding on the Owners. 17 . Enforcement. In the event the City maintains that the Owners are not in substantial compliance with the terms of this Agreement or the final Plat, the City Council may serve a notice of noncompliance and request that the deficiency be corrected within a period of 45 days. In the event the Owners believe that they are in compliance or that the noncompliance is insubstantial, the Owners may request a hearing before the City Council to determine whether the alleged noncompliance exists or whether any amendment, variance or extension of time to comply should be granted. On request, the City shall conduct a hearing according to its normal procedures and take such action as it then deems appropriate. 18 . Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owners: John Elmore P.O. Box 381 Wrightsville Beach, N.C. 28480 • - 8 - . ® Lionel Yow Yow, Yow, Culbreth, Fox & Pennington 102 North Fifth Avenue P.O. Box 479 Wilmington, N.C. 28402 To the City of Aspen: City Manager 130 South Galena Street Aspen, Colorado 81611 with a copy to: City Attorney 130 South Galena Street Aspen, Colorado 81611 19 . Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owners' and the City's successors, personal representatives and assigns. 20. Amendment. This agreement may be altered or amended only by written instrument executed by the parties. 21. Severability. If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. Attest: THE CITY OF ASPEN, a municipal corporation KATHRYN S. KOCH WILLIAM L. STIRLING, Mayor City Clerk - 9 - I Approved as to form: City Attorney 9 , 111,014,1mo , JO. N A. ELMORE II LIONEL YOW IF • E OF COLORADO ) ) ss. COUNTY OF PITKIN ) Acknowledged before me , 198 by WILLIAM L. STIRLING, Mayor, and KATHRYN S. KOCH, City Clerk. My Commission expires: Witness my hand and official seal. Notary Public Acknowledged before me U /.,j , 1989 by JOHN A. ELMORE II. My Commission expires: q-/-9v Witness my hand and official seal. r ublic Y Acknowledged before me �4j , 198? by LIONEL YOW. My Commission expires: Witness my hand and official seal . • ary Public c: \jeh\lu\elmore.pud JEH - 10 - • ii SCNn.�ESER GORDON MEYER INC. �, a��Alas1 1001 Grand Avenue, Suite 2-E ftt, Glenwood Springs, Colorado 81601 Dior Mild (303)945-1004(303)925-6727 Fax (303)945-5948 August 15, 1991 Igaiini.r/ CONSULTING ENGINEERS&SURVEYORS/ City of Aspen Planning Office 130 South Galena Aspen, CO 81611 Attn: Leslie Lemont AUG 1 9 1991 RE: River Park at Aspen Condominium Map �` '� Dear Leslie: This letter is being written at the request of Katie McMahon and is in regard to the River Park at Aspen Condominium site plan map. On that map, we labeled a setback to the property line near the northeast corner as 2.0 feet. This was an error. The building shown was for reference only and does not reflect the exact location of the buildings as built. Over the course of the platting process, it was forgotten that the unfinished building locations were not accurate and the label was placed on the map inadvertently. Please call if you have any questions. Sincerely, SCHMUESER GORDON MEYER, INC. • • en Wilson, P.L.S. Survey Manager KW:lc/9037 cc: Katie McMahon 411 P.U.D. AND SUBDIVISION AGREEMENT FOR COTTONWOOD PARK (700 EAST MAIN STREET) THIS AGREEMENT is made this day of , 1989, between JOHN A. ELMORE II and LIONEL YOW (the " ners") , and THE CITY OF ASPEN, a municipal corporation (the "City") . RECITALS WHEREAS, Owners own that certain real property located in the City of Aspen, County of Pitkin legally described as: A parcel of land situated in the SE; SW; of Section 7 , Township 10 South, Range 84 West of the Sixth Principal Meridian, East Aspen Additional Townsite, Pitkin County, Colorado, more fully described as follows. Beginning at the N.W. Corner of Block 21, East Aspen Additional Townsite; Thence S 75°09'11" E 150. 00 feet along the North line of said Block 21; Thence departing said line S 59 ° 18'00" E 56. 37 feet; Thence S 50° 14 ' 11" E 118. 32 feet; Thence S 52 °57 '39" W 47. 02 feet; Thence S 49°58 '47" W 21. 71 feet to a point on the East line of said Block 21; Thence S 14 °50'49" W 100. 00 feet along this East line of said Block 21 to the Southeast corner of said Block 21; Thence N 75°09'11" W 2 . 31 feet along the South line of said Block 21; Thence 62 . 88 feet along a curve to the right having a radius of 868 . 51 feet (the chord of which bears S 10°18 '25" E 62 . 87 feet) ; Thence 145.72 feet along a curve to the left having a radius of 176. 18. feet (the chord of which bears N 51°27'27" W 141. 60 feet) ; Thence N 75° 09 ' 11" W 164 .75 feet along the South line of said Block 21 to the Southwest corner of said Block 21; Thence N 14 °50'49" E 220. 00 feet along the West line of said Block 21 to the point of beginning. and; WHEREAS, Owners' predecessors in title, Dorothy M. Mikkelsen, Ardith Louise Ware, Alice Gallegos Mikkelsen and Albert W. Bevan, Jr. entered into a P.U.D and Subdivision Agreement for 700 East Main Street with the City dated December 19, 1988, for the development of a residential project (the "Original Project") ; and WHEREAS, the Owners received a recommendation for approval of an amendment to the Original Project's Growth Management Quota System allocation, Planned Unit Development and Subdivision approvals from the Aspen Planning and Zoning Commission on May 5 , 411 30, 1989 and is scheduled to have such amendment reviewed by the Aspen City Council on June 12, 1989 (hereinafter such amendment to the Original Project shall be referred to as the "Project") ; and WHEREAS, the City and the Owners wish to enter into a new P.U.D. and Subdivision Agreement for the Project which will supercede the Agreement for the Original Project; and WHEREAS, the Owners have submitted to the City for approval, execution and recordation a plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat on the agreement of the Owners to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen (the "Code") and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code, the City is entitled to assurances that the matters set forth herein ,will be faithfully performed by the Owners and the Owners' successors and assigns; and WHEREAS, the Owners are willing to enter into such agreement with the City and to provide assurances to the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: AGREEMENT 1. Description of Project. The Project consists of 12 free-market residential living units consisting of nine three- bedroom units (Units 1-9) and three four-bedroom units (Units 10- 12) . In addition, the Project will consist of three employee dwelling units deed restricted to Housing Authority guidelines and 5 accessory caretaker units attached to Units 6, 7 , 9, 10 and 11. Further, underground parking will be constructed for 50 cars. 2 . Acceptance of Plat. Upon execution of this amended agreement by all parties hereto, the City agrees to approve and execute the final plat for the Project submitted herewith and reduced-size copies of which are attached hereto as - 2 - • ,lla®0 646 " 4 h t4 *` 4V.V1', 3 JjF� 1 .c,i M1 d't`A3.P.,t Lincoln DeVore 1441 Motor Grand Junction, Cob 81501 (303)242-8968 Mr. Stan Mathis Stan Mathis Architecture & Planning 119 South Spring Street Aspen, Colorado 81611 June 14, 1989 Re: -Erosion Control Measures Bank of Roaring Fork River 700 East Main, Aspen, CO Based on reported 100 year flood elevations estimated from the FEMA study, anticiptated building placement and existing bank slopes conditions, a riprap repair and flood protection construction is recommended for this site. The existing bank is oversteepened and is being undercut by the river. Slope sloughing and ravelling is ongoing and will continue if protective measures are not undertaken. Following are basic recommendations for riprap along areas requiring repair. It must be emphasized that as the work progresses on the bank repair and actual building construction on this project, inspection by this office may reveal conditions which would either modify or extend the actual amount of slope repair and stabilization required. Subsurface conditions may be uncovered during the project construction which were not detected during the initial investigation or covered in the initial subsurface soils exploration report by Lincoln DeVore, June, 1989. The placed riprap should not extend more than 2 feet away from the existing slopeline, to prevent encroachment on the river flood flow path. The maximum riprap size will vary between 48 to 72 inches inspection, depending on the actual calculated water velocities expected. The placed riprap is to be hand placed (not dumped) , predominanatly angular in shape, and shall be a durable material of either select Granitic or other indigenous igneous rock in the area. Colorado Springs, Colorado Pueblo, Colorado Grand Junction, Colorado Glenwood Springs, Colorado Evanston, Wyoming 0 lb Riprap shape and placement should conform to the requirements of the Corps of Engineers design method. Stabilization of the riprap mass will probably require the placement of a pressure grout in the riprap mass. A sand bedding material will be required between the riprap and the native soil deposits. The riprap will have to be placed in stages, due to the steepness of the slopes and the limited construction area. It is recommended that the project be scheduled so the riprap and building foundation excavations can be accomplished together. The riprap placement should be completed before actual construction of the adjacent building foundations begin. Actual design of the riprap feature can be accomplished when the project characteristics are fully defined. If any further questions arise, please do not hesitate to contact this office. Respectfully submitted, Lincoln DeVore, Inc. /-,- _, Edward M. Morris Manager/Geological Engineer Western Slope Branch ' C • Lincoln DeVore 1441 Motor Grand Junction. Colo 81501 (303) 242-8968 • SUBSURFACE SOILS EXPLORATION COTTONWOOD PARK HOUSING Block 21 , East Aspen Townsite Aspen, Colorado Prepared For : Stan A. Mathis , Architects P. O. Box 1984 • Aspen, CO 81612 Prepared By: LINCOLN-DeVORE, INC. 1441 Motor Street Grand Junction, CO 81505 June 5 , 1989 olorado Springs, Colorado Pueblo, Colorndo Grand .kurction, Coawndu Glenwood ;Inint)s, Colorado Evanston, Wyoming • t i It ry \Lincoln DeVore,Inc. Geotechnical Consultants 1441 Motor St. Grand Junction, CO 81505 (303) 242-8968 June 5 , 1989 Stan A . Mathis P. O. Box 1984 Aspen , CO 81612 Re: SUBSURFACE SOILS EXPLORATION COTTONWOOD PARK HOUSING Block 21 , East Aspen Townsite Aspen , Colorado Dear Sir : Transmitted herein are the results of a Subsurface Soils Exploration for the proposed Cottonwood Park Housing . If you have any questions after reviewing this report , please feel free to contact this office at any time . This opportunity to provide Geotechnical Engineering Services is sincerely appreciated . Respectfully submitted . LINCOLN-DeVORE, INC. BY: EDWARD M. MORRIS • :i�`l,\ WESTERN SLOPE BRANCH MANAGER: _ �1 Grand Junction, Office '`� 4 • t • 6/ 1;) Reviewed by: George 1. orris, �, E.g.;.. / EMM/pt LDTL Job No. 70652-J 411 TABLE OF CONTENTS Page li4� INTRODUCTION 1 Project Description 1 Project Scope 2 FIELD EXPLORATION AND LABORATORY TESTING 3 FINDINGS 4 Site Description 4 General Geology and Subsurface Description 4 CONCLUSIONS AND RECOMMENDATIONS 8 General Discussion 8 Open Foundation Observation 9 Site Preparation 9 General 9 Site Preparation 11 Structural Fill Soil 12 Fill Placement and Compaction 12 Field Observation and Testing 13 Drainage and Gradient 13 Foundations 15 Settlement Characteristics 16 Slabs 16 Earth Retaining Structures 17 Floodplains 19 Reactive Soils 20 Limitations 20 3 411 411 INTRODUCTION PROJECT DESCRIPTION This report presents the results of our geotechnical evaluation performed to determine the general subsur- face conditions of the site applicable to construction of condominium structures and a parking garage . A vicinity map is included in the Appendix of this report . To assist in our exploration , we were provided with site location and proposed building layout diagrams. The Boring Location Plan attached to this report is based on that plan provided to us . We understand that the proposed struct- ures will consist of 2 or 3 story, wood-framed structures with a full basements and concrete floor slab on grade . Lincoln DeVore has not seen a full set of building plans , but structures of this type typically develop wall loads on the order of 1500 plf to 2500 plf and column loads on the order of 6 to 40 kips . The characteristics of the subsurface materials encountered were evaluated with regard to the type of construction described above . Recommendations are included here- in to match the described construction to the soil characteris- tics found . The information contained herein may or may not be valid for other purposes . If the proposed site use is changed or types of construction proposed , other than noted herein, Lincoln DeVore should be contacted to determine if the information in this report can be used for the new construction without further field evaluations. 1 411 411 PROJECT SCOPE The purpose of our exploration was to evaluate the surface and subsurface soil and geologic conditions of the site and , based on the conditions encountered , to provide recommendations pertaining to the geotechnical aspects of the site development as previously described . The conclusions and recommendations included herein are based on an analysis of the data obtained from our field explorations , laboratory testing program, and on our experience with similiar soil and geologic conditions in the area. This report provides site specific information for the construction of a condominium complex . Included in this report are recommendations regarding general site development and foundation design criteria . The scope of our geotechnical explora- tion consisted of a surface reconnaissance , a geophoto study, subsurface exploration , obtaining representative samples , labora- tory testing , analysis of field and laboratory data, and a review of geologic literature . Specifically, the intent of this study is to: 1 . Explore the subsurface conditions to the depth expected to be influenced by the proposed construction. 2 . Evaluate by laboratory and field tests the general engineering properties of the various strata which could influence the development . 3 . Define the general geology of the site , including likely geologic hazards which could have an effect on site development . 4 . Develop geotechnical criteria for site grading and earthwork . 2 411 5. Identify potential construcion difficulties and pro- vide recommendations concerning these problems . 6 . Recommend an appropriate foundation system for the anticipated structure and develop criteria for foundation design . FIELD EXPLORATION AND LABORATORY TESTING A field evaluation was performed on April 25 , 1989 , and consisted of a site reconnaissance by our geotechnical personnel and the drilling of exploration borings . Three exploration borings were drilled within the proposed buildings near the locations indicated on the Boring Location Plan. The exploration borings were located to obtain a reasonably good profile of the subsurface soil conditions . All exploration borings were drilled using a CME B-45 , truck mounted drill rig with continuous flight auger to depths of approximately 14 to 15 feet . Samples were taken with a standard split spoon sampler and by bulk methods . Logs describing the subsurface conditions are presented in the attached figures . Laboratory tests were performed on representative soil samples to determine their relative engineering properties . Tests were performed in accordance with test methods of the American Society for Testing and Materials or other accepted standards . The results of our laboratory tests are included in this report . The in-place moisture content and the standard penetration test values are presented on the attached drilling logs . 3 I FINDINGS Site Description The project site is located on all of Block 21 , East Aspen Townsite , Pitkin County, Colorado. Block 21 is bounded by North Spring Street on the west , Main Street on the south and the Roaring Fork River on the east . The topography of the site is gently sloping to the west for the majority of the tract . The exact direction of surface runoff on this site will be controlled by the proposed construction and therefore will be variable . On the east end of the tract , a very steep bank, 13 to 15 feet high, overlooking the Roaring Fork River , is present . The slope gradient along this bank ranges from 30% to 100% . Surface drainage on the tract , as a whole , is fair to good; subsurface drainage is good . The existing ground surface elevations range from a low of 7885 to a high of 7910 feet above mean sea level . Elevations are taken from a site plan obtain from Stan Mathis , Architects . GENERAL GEOLOGY AND SUBSURFACE DESCRIPTION The geologic materials encountered under the site consist of alluvial sands and cobbles of the Roaring Fork River Terrace and glacial till , which is somewhat reworked by the Roaring Fork River . The geologic and engineering properties of the materials found in our exploration borings will. be discussed in the following sections . 4 410 The soil types encountered during the field exploration have been grouped into 3 soil types , which indicate different stages of deposition and soil reworking by the Roaring Fork River . Soil Type Numbers 1 & 2 are separated due to to a color difference and relative amounts of mica fines , which gives the appearance of different soil types. The major difference between the Engineering characteristics is that Soil Type #1 represents the -3/4" fraction of a cobble deposit and • Soil Type #2 represents the -1 " fraction of a gravel and cobble , deposit . For the following discussion , both Soil Types 1 & 2 will be grouped together . This Soil Type is classified as a SP/SM of medium grain size under the Unified Classification System. This soil type is non-plastic and of moderate density. This soil will have virtually no tendency to expand upon the addition of moisture . Settlement will be minimal under the recommended foundation loads . This soil will undergo elastic settlement upon application of static foundation pressures . Such settlement is characteristically rapid and should be virtually complete by the end of construction. If the recommended allowable bearing values are not exceeded , and if all other recommendations are followed , differential movement will be within tolerable limits . At shallow foundation depths this soil was found to have an average . allowable bearing capacity of 4500 psf . Soil Type # 3 represents thin strata which are found throughout the lower portion of the soil profile penetrated by the test borings . This soil type was exposed in the bank section , shown on The Test Boring Location Diagram as 5 41) S "Bank Observation , Soils Profile. " •This Soil Type is classified as a GP/GM of coarse grain size under the Unified Classification System. This soil type is non-plastic and of medium density. This soil will have virtually no tendency to expand upon the addition of moisture. Settlement will be minimal under the recommended foundation loads. This soil will undergo elastic settlement upon application of static foundation pressures. Such settlement is characteristically rapid and should be virtually complete by the end of construction. If the recommended allowable bearing values are not exceeded , and if all other recommendations are followed , differential movement will be within fo} erab\ e limits. At shallow foundation depths this soil was found to have an average allowable bearing capacity of 2800 psf . At the depth of Test Boring Refusal and in the "Bank Observation , Soils Profile" , a marked change in the alluvial soils was noted . The coarse portion of the soils is composed of large , angular boulders and cobble sized rocks , which contain a matrix very similar to Soil Type Numbers 1 & 2. This zone could not be penetrated by the drilling operation and was observed at the bank bottom , in the "Bank Observation , Soils Profile" . These soiks have similar Engineering characteristics to Soil Type Numbers 1 & 2. • The boring logs and related information show subsurface conditions at the date and location of this exp l ora ti on. Soil con diti ons may diff er a t l oca ti ons o th er than • those of the exploratory b or i ngs' If th e s t ruc t ure is move d any appreciable distance from the locations of the borings , the soil 6 _ ii 110 conditions may not be the same as those reported here . The passage of time may also result in a change in the soil condi- , tions at the boring locations . The lines defining the change between soil types or rock materials on the attached boring logs and soil profiles are determined by interpolation and therefore • are approximations . The transition between soil types, may be abrupt or may be gradual . No free water was encountered during drilling on this site . In our opinion the true free water sur- face is fairly deep in this area, and hence , should not affect construction. Seepage moisture may affect construction if sur- face drainage is not properly controlled . It is believed that free water is present between 17 to 25 feet below the existing ground surface . Because of capillary rise , the soil zone within a few feet above the free water level identified in the borings will be quite wet . Pumping and rutting may occur during the excavation process , particularly if the bottom of the founda- tions are near the capillary fringe. Pumping is a temporary, quick condition caused by vibration of excavating equipment on the site . If pumping occurs , it can often be stopped by removal of the equipment and greater care exercised in the excavation process. In other cases , geotextile fabric layers can be design- ed or cobble sized material can be introduced into the bottom of the excavation and worked into the soft soils . Such a geotextile or cobble raft is designed to stabilize the bottom of the excava- tion and to provide a firm base for equipment .. • 4 411 Data presented in this report concerning ground water levels are representative of those levels at the time of our field exploration . Groundwater levels are subject to change seasonally or by changed environmental conditions . Quanti- tative information concerning rates of flow into excavations or pumping capacities necessary to dewater excavations is not inclu- ded and is beyond the scope of this report . If this information is desired , permeability and field pumping tests will be. required . CONCLUSIONS AND RECOMMENDATIONS GENERAL DISCUSSION No geologic conditions were apparent during our reconnaissance which would preclude the site develop- ment as planned , provided the recommendations contained herein are fully complied investigation to date and ied with . Based on our investi l P 5 the knowledge of the proposed construction , the site condition which would have the greatest effect on the planned development is the steep bank and potential erosion of this bank by the Roaring Fork River . Since the exact magnitude and nature of the foundation loads are not precisely known at the present time , the following recommendations must be somewhat general in nature . Any special loads or unusual design conditions should be reported to Lincoln DeVore so that changes in these recommendations may be made , if necessary. However , based upon our analysis of the soil conditions and project characteristics previously outlined , the following recommendations are made . 8 411 Open Foundation Observation: Since the recommendations in this report are based on information obtained through random borings , it is possible that the subsurface materials between the boring points could vary. Therefore , prior to placing forms or pouring concrete , an open excavation observation should be performed by representatives of Lincoln DeVore . The purpose of this observa- tion is to determine if the subsurface soils directly below the proposed foundations are similiar to those encountered in our exploration borings . If the materials below the proposed founda- tions differ from those encountered , or in our opinion, are not capable of supporting the applied loads , additional recommenda- tions could be provided at that time . SITE PREPARATION General : All earthwork and grading for this site development should be accomplished in accordance with the attach ed earthwork and grading recommendations and Chapter 70 of the UBC. All special site preparation presented herein will supersede those in the attached Standard Earthwork and Grading Recommendations Section . Since no site grading plan was made available at the time of writing this report , the extent of site grading and the proposed footing elevations is not known. There- fore, these grading recommendations must be considered preliminary until Lincoln DeVore has had the opportunity to review the site grading plans . 9 411 410 No major difficulties are anticipated in on the course of excavating into the surficial soil s o t he site. It is probable that safety provisions such as sloping or bracing the sides of excavations over 4 feet deep will be necessary. Any such safety provisions shall conform to reasonable industry safety practices and to applicable OSHA regulations . We recommend that the amount of cut and fill be kept to a minimum on this site . Specifically, we recom- mend that any cut or fill which reduces the stability of native slopes be avoided . This includes any cut at the toe of a slope and any fill placed at the top of a slope . We recommend that any cut or fill over 4 feet in height be analyzed for stability of the final slope prior to construction. The stability of the bank overlooking the Roaring Fork River must be addressed before construction of the unit numbers S through 11 and the Lap Pool . • In general , we recommend all structural fill in the area beneath any proposed structure or roadway be compacted to a minimum of 90% of its maximum modified Proctor dry density (ASTM D1557 ) . We recommend that fill be placed and compacted at approx- imately its optimum moisture content ( +/- 2% ) as determined by ASTM D 1557 . Structural fill should be a granular , non-expansive soil . Allowable slope angle for cuts in the • native soils is dependent on soil conditions, slope geometry, the moisture content and other factors . Should deep cuts be planned for this site, we recommend that a slope stability analysis be performed when the location and depth of the cut is known. 10 411 Notching the structure into the hillside will create some very steep cut slopes . While such slopes may stand safely for short periods of time , exposure to the elements for any extended period requires that the slope be braced or surface-protected . We recommend that building walls in contact with such cut slopes be designed as retaining walls . The magni- tude of the forces to which the wall will be subjected are noted in the section on lateral stability. We recommend that all backfill placed around the exterior of the building , and in utility trenches which are outside the perimeter of the building and not located beneath roadways or parking lots, be compacted to a minimum of 85% of its maximum Proctor dry density (ASTM D 698 ) . During the placement of any structural fill , it is recommended that a sufficient amount of field tests and observation be performed under the direction of the geo- technical engineer . The geotechnical engineer should determine the amount of observation time and field density tests required to determine substantial conformance with these recommendations . Site Preparation: It is recommended that site prep- aration begin with the removal of all vegetation , existing man- made fill and other deleterious materials . This applies both to areas to be filled and areas to be cut . The removed materials should be legally disposed of off-site or , if appropriate , stock- piled for later use in non-structural areas or landscaping . In the case of existing man-made fill , we recommend that it be 11 removed completely. It is recommended that the exposed native soil be scarified to a depth of 12 inches , brought to near opti- mum moisture conditions and recompacted to a minimum of 90% of maximum dry density as determined by ASTM D 1557 . Prior to placing fill , the exposed ground should be observed by representatives of Lincoln DeVore to determine that all deleterious material , man-made fill and soft areas have been adequately removed . The removed material may then be replaced with uniformly compacted lifts of structural fill until the desired slab or footing elevation is achieved . We recommend that the structural fill be placed within 2% of the optimum moisture content of the material and compacted to a minimum of 90% of its maximum dry density, ASTM D 1557 . Particular note needs to be made of any abandoned foundations , leach fields, cisterns , sewage tanks and trash pits. Structural Fill Soil : It appears that the majority of the material excavated from cut areas is suitable for reuse as structural fill . Material to be approved shall be free of deleterious matter and oversized hard rock . We recommend that no predominantly clayey soils or claystones be included in the structural fill . Fill Placement and Compaction: We recommend that structural fill placed beneath floor slabs , foundations and parking lots be compacted to a minimum of 90% of its maximum modified Proctor dry density (ASTM D 1557 ) . The structural fill shall be placed and compacted at a moisture content within +/- 2% of optimum 12 411 moisture . Field Observation and Testing : The opinions and conclusions of a geotechnical report are based on the interpretation of inform- ation obtained by random borings . Therefore the actual site conditions may vary somewhat from those indicated in this report . It is our opinion that field observations by the geotechnical engineer who has prepared this report are critical to the contin- uity of the project . DRAINAGE AND GRADIENT: Adequate site drainage should be provid- ed in the foundation area both during and after construction to prevent the ponding of water and the saturation of the subsurface soils. We recommend that the ground surface around the structure be graded so that surface water will be carried quickly away from the building . The minimum gradient within 10 feet of the building will depend on surface landscaping. We recommend that paved areas maintain a minimum gradient of 2% , and that landscaped areas maintain a minimum gradient of 8% . It is further recommended that roof drain downspouts be carried across all backfilled areas and discharged at least 10 feet away from the structure. Planters, if any, should be so constructed that moisture is not allowed to seep into foundation areas or beneath slabs or pavements . At the higher altitudes at this site , difficulty with freezing of drainage lines at the discharge point is probable. We recommend that this be overcome by discharging into a protected , coarse rock and cobble fill or. mound . As an 13 I 411 alternative, heat tapes can be used on the discharge point of the pipe. The drain outlet must also be located with due consider- ation given to the proposed pattern of snow removal . It is recommended that the natural drainage , existing prior to construction , be disturbed as little as possible by final grading . In particular , we recommend that water not be channeled along or across any newly filled areas , as this may result in accelerated erosion and damage to the fill . To fully minimize erosion, a vegetative cover should be established as soon after grading is complete as possible . To give the building extra lateral sta- bility and to aid in the rapidity of runoff , it is recommended that all backfill around the building and in utility trenches in the vicinity of the building be compacted to a minimum of 85% of its maximum Proctor dry density, ASTM D 698 . The native soils on this site may be used for such backfill . We recommend that all backfill be compacted using mechanical methods . No water flooding techniques of any type may be used in placement of fill on this site. Should an automatic lawn irrigation system be used on this site, we recommend that the sprinkler heads be installed a minimum of 5 feet from the building. In addition, these heads should be adjusted so that spray from the system does not fall onto the walls of the building and that such water does not excessively wet the backfill soils . The slope areas immediately adjacent to the Roaring Fork River drainage can be considered potentially unstable due to the threat of on-going erosion. A minimum setback should be established between the proposed construction and the 14 • 410 edge of existing slope scarps . We recommend that the setback distance be established by laboratory analysis of the shear strength and stability of specific locations along the banks . In addition, mitigation systems are recommended to control the on- going erosion caused by the river . Such mitigation could include retaining walls , riprap , gabions or other stabilization materials. FOUNDATIONS We recommend the use of a conventional shallow foundation system consisting of continuous spread foot- ings beneath all bearing walls and isolated spread footings beneath all columns and other points of concentrated load . Such a shallow foundation system, resting on the native alluvial sands, gravels and cobbles of the Roaring Fork River Terrace, may be designed on the basis of an allowable bearing capacity of 2800 psf maximum. Contact stresses beneath all continuous walls should be balanced to within + or 300 psf at all points .. Isolated interior column footings should be designed for contact stresses of about 150 psf less than the average used to balance the continuous walls. The criterion for balancing will depend somewhat upon the nature of the structure . Single-story, slab on grade structures may be balanced on the basis of dead load only. Two and three story structures may be balanced on the basis of dead load plus 1 /2 live load . Stem walls for a shallow foundation system should be designed as grade beams capable of spanning at least 10 feet . These "grade beams" should be horizontally reinforced both near the top and near. the bottom. The horizontal 15 411 reinforcement required should be placed continuously around the structure with no gaps or breaks . A foundation system designed in this manner should provide a rather rigid system and , there- fore , be better able to tolerate differential movements assoc- iated with any lenses or thin strata of sands or silts which may underlie the foundation footings . Settlement Characteristics: We anticipate that total and/or diffe- rential settlements for the proposed structures may be considered to be within tolerable limits , provided the recommendations pre- sented in this report are fully complied with . In general , we expect total settlements for the proposed structure to be less than 1 inch. We recommend that the bottom of all foundation components rest a minimum of 4 feet below finished grade or as required by the local building codes . Foundation components must not be placed on frozen soils . SLABS . Slabs could be placed directly on the natural soils or on a structural fill . We recommend that all slabs on grade be constructed to act independently of the other structural portions of the building . One method of allowing the slabs to float freely is to use expansion material at the slab- structure interface . It is recommended that slabs on grade be constructed over a capillary break of approximately 6 inches in thickness. We recommend that the material used to form the capil- 16 411 lary break be free draining , granular material and not contain significant fines . A free draining outlet is also recommended for this break so that it will not trap water beneath the slab. A vapor barrier is recommended beneath the floor slab and above the capillary break. To prevent difficulty in finishing concrete , a 2 inch sand layer should be placed above the break. If the interior floor slabs are to re- cieve heavy loads due to: a ) wheel loads of industrial vehicles such as fork lifts or straddle carriers , b ) concentrated static loads of racks , or c ) heavy distributed stacked loads, then the slabs classify as industrial and we recommend they be designed in accordance with methods outlined in the PCA publication, "Slab Thickness Design for Industrial Concrete Floor Slabs on Grade" . For design purposes , the modulus of subgrade reaction for this soil may be taken as 100 pci . EARTH RETAINING STRUCTURES The active soil pressure for the design of earth retaining structures may be based on an equivalent fluid pressure of 28 pounds per cubic foot . The active pressure should be used for retaining structures which are free to move at the top (unrestrained walls ) . For earth retaining structures which are fixed at the top , such as basement walls , an equivalent fluid pressure of 40 pounds per cubic foot may be used . It should be noted that the above values should be modified to take into account any surcharge loads , sloping backfill or other externally applied forces. The above equivalent fluid pressures should also be modified for the effect of free water , if any. The passive pressure for resistance to 17 411 lateral movement may be considered to be 290 pcf per foot of depth. The coefficient of friction for concrete to soil may be assumed to be . 62 for resistance to lateral movement. When combining frictional and passive resistance , the latter must be reduced by approximately 1 /3 . We recommend that the backfill behind any retaining wall be compacted to a minimum of 85% of its maximum modified Proctor dry density, ASTM D-1557 . The backfill material should be approved by the Soils Engineer prior to placing and a sufficient amount of field observation and density tests should be performed during placement . Placing backfill behind retaining walls before the wall has gained sufficient strength to resist the applied lateral earth pressures is not recommended . Drainage behind retaining walls is considered critical . If the backfill behind the wall is not well drained , hydrostatic pressures are allowed to build up and lateral earth pressures will be considerably increased. There- fore, we recommend a vertical drain be installed behind any impermeable retaining walls . Because of the difficulty in place- ment of a gravel drain, we recommend the use of a composite drainage mat similar to Enkadrain or Miradrain. An outfall must be provided for this drain. Special considerations in design and construction of the swimming pool will be necessary since water leakage from the pool which saturates supporting soils will reduce the stability of the slope above the Roaring Fork River . 18 • 111 It is recommended that an underdrain system be constructed beneath the swimming pool . This underdrain will consist of a layer of clean, coarse gravel or crushed rock approximately 12 inches in thickness . The subgrade beneath this gravel layer should be carefully graded so that no depressions exist and water has direct access to the drain. It is recommended that an impermeable membrane be placed between the gravel layer and the subgrade to prevent moisture from seeping into the subgrade soil . This membrane could be a spray--on asphalt emulsion, a polyethylene film or a bentonite layer . At the lowest point in the underdrain layer , a small lined sump pit is recommended to allow a pump to discharge seepage water to the ground surface . The gravel or crushed rock layer may vary some , but , in general , should meet the following recommendations: E. gve Ng_ % Esuzinq • 3" 100 2" 60-90 1 1 /2" 12-40 #4 0-12 #20 0-8 #100 0-3 FLOODPLAINS The site is partially within the 100- year floodplain of the Roaring Fork River Federal , State, and local regulations will require the finished floor elevation to be at least 1 foot above the 100-year floodplain. Federal • regulations require that the construction of a fill not raise the flood water elevation more than 12 inches . A detailed hydrologic study of the area is recommended to determine the effect of construction on the elevation of the 100-year flow water level . Such a study is beyond the scope of this report. 19 411 411 • REACTIVE SOILS Since groundwater in the area typically contains sulfates in quantities detrimental to a Type I cement, a Type II cement is recommended for all concrete which is in contact with the subsurface soils and bedrock. Calcium chloride should not be added to a Type II cement under any circumstances. LIMITATIONS This report is issued with the understanding that it is the responsibility of the owner , or his representative to ensure that the information and recommendations contained herein are brought to the attention of the architect and engineer for the project , and are incorporated into the plans. In addition, it is his responsibility that the necessary steps are taken to see that the contractor and his sub- contractors carry out these recommendations during construction. The findings of this report are valid as of the present date . However , changes in the conditions of a property can occur with the passage of time, whether they be due to natural processes or the works of man on this or adjacent properties . In addition, changes in acceptable or appropriate standards may occur or may result from legislation or the broadening of engineering knowledge. Accordingly, the findings of this report may be invalid, wholly or partially, by changes outside our control . Therefore, this report is subject to review and should not be relied upon after a period of 3 years. The recommendations of this report pertain only to the site investigated and are based on the assumption that the soil conditions do not deviate from 20 411 those described' in this report . If any variations or undesirable conditions are encountered during construction or the proposed construction will differ from that planned on the day of this . report , Lincoln DeVore should be notified so that supplemental recommendations can be provided , if appropriate. J. Lincoln DeVore makes no warranty , either expressed or implied , as to the findings , recommendations, specifications or professional advice, except that - they were prepared in . accordance with generally accepted professional engineering practice in the field of geotechnical engineering. • • .z1 • I Lrie;'\ ; �\ ` \ 0�'� .� Si s , . ' ,___}; '.!I 1(('' .'--- -:;;' -Y''< fs)- f,,--i • - _, r Iowa / N . . , • • . l . . ' . � - -\�� , , . • d 1 ;' t B�slwaCct; f ° ' ` 3hlf• \nit: :�• • 1 `��, lt" a a:f . h' \ 1e -I• ,ll �• '. I `ta•,, 1 , S-„(e�rfY .� .(',,, /J//iip ((<,a.*:,,-_:. . •j :444 i.....••• :•.•• •••.•.: •'.• .•‘\, ' k . ,,• ' ,_ r. ';'..'‘1,.... . I),-,,S,":.'\\\ \\ \,\ .�`•.y •! • \ `.�� •;•.•:.,,.44...; 4. ; t ,, 'N'.;.:::-_-__'\ ( \1 I•ter o- I• / ( ( i,.` - _ • • I -_ O ': - . i r \ 1 y c� \ �, (� ( I v ,.-1 ' )/. '' v \; ‘,‘7,`'?..‘.'','.... k, 1. ( ',�., lY1••ir • �- ¢ U ( 1 / ! l \ r a �� 5` ld 802, \ \ , \\ I ,D \ •2 --Z. ..1 c C i ('\ '' 1% / /. - y' t -. -' \ '� � •GtevCl PSIS I,..(1 ',/,77-_--v°,5 • \ ,‘\u-' ,,'; ' ----- b ) ., -''`',.. \ --JO) . \ ) ) . - '.,1 ,/ S I 4i \ . \— \ . \ ,.— \ .. , 5/•7 e L oea //o/7 /)/a9 7-o/77 7o 6.22 J Co//'aii tuoota/ Poi/( HOUS//19 ` LINCOLN COLORADO : COLORADO SPRINGS 700 Moir S� /93 en Co/oracle. DeVOR E GRAND JUNCTION , PUEBLO , P I ENGINEERS GEOLOGISTS ^ � ���y ^ `�' —1,-- ' � SOILS DESCRIPTIONS: ROCK DESCRIPTIONS: SYMBOLS �� NOTES' p_uieja, vSCS 04-5C/ETIzy x/4490L PLICRIPrION SmmoL, yemCR/Pnmv . ', : 1.1.21w,xTA" "ot,x � x/ '° Topsoil ���:��. CONGLOMERATE � � — `~ ^~�`~' m 9A2 Standard penetration dhvm Numbers indicate 9 blows to drive Man-made Fill : � � �� SANDSTONE the spoon m"inmground. ■ --- ���� GW *e|�gmdodGnmo| �� _ SILTSTONE i ��a� --- « STc-k2^Shelby thin wall sample "" ---- ____ ~o 00 8P Poorly-graded Gravel ���� SHALE . ---- - itiix x x � 0o Natural Moisture Content GM Silty Gravel x x x CLAYSTONE oo �� Wx�m*mmdMo�h� o�o GC Clayey Gravel COAL ���� Free T°m"' Free water toW�:.',...:!!::',•...'::.',...:!!::',•..:.',...:!!::',•...': SW Well-graded Sand LIMESTONE �� I � | i SP Poorly-graded Ma Sond � D0L0W|TE V0 Natural dry density / ' mMIMIln / I .. .. N | p Sm Silty Sand . . MARLSTONE TB.—Disturbed Bulk Sample II . . . 1 ' WW1' SC Clayey Sand •■•• GYPSUM ® Soil type related to samples ZWIIA in report ML Low-plasticity Silt �� Other Sedimentary Rocks ` / wwe, mmx ~~"^~ � 0 ���� - - / ` Tnpvf�"no�vo CL Low-plasticity Clay /`Y GRAN|T/C ROCKS yr'`- Form. ++ + non OL Organic + ++ U|0FUT|C ROCKS Tm�BuhngLvcotkm OTE moms Silt and Clay — ill i 1 MH High-plasticity Silt .C��. GABBRO ����/.! 1:10 Test Pit Location CH Clay —=�--' RHYOLITE . +�z1t—t Seismic orResistivity Station. . -� Unonhon��co�n �� OH High-plasticity , � 4WDES|TE Organic Clay length spread : (t.Seismic, R=Rm���Ky ) Pt Peat ���U BASALT �i � "2 Standard puno Penetration �hxwsmamade GW/GM y��|- grodod 8ruve|. TUFF a ASH FLOWS ' . iIfl Si|iy � by driving n standard / " split,nnvn - 0 � dropping , ^ » GW/GC Well-graded Gravel, ::::9•6,'!- BRECCIA 8 Other Volcanics oon�o /*n lb.woigN no^.4STM�y "^ •^* :..0!.'.P.: des.D-1586. Clayey "" � ^ '', 1 o- GP/GM Poorly-graded ^ ^' Other �n�nux Rocks "« Silty ' -' ., ^ ' Samples may bwh |k,"to d rd split "` '"—/' ����~u °m", spoon (both dis, r be )oro'ye"|.C\ « " GP/GC Poorly-graded Gravel, CNEISS min °oU("vnd<�A,bwd") Shelby tube 'Cbyoy samples.See log for type. PRI di; p il - GM/GC Silty Groxo|, SCHIST The b«oshow subsurface xv"dkivow Clayey boring � o,|hvd�esondkmuhons shown,ondh� GC/GM Clayey Grove/, PHYLLITE not warranted that they ntothw Silty of subsurface conditions momhm,�coUmm ION and times s8ySm WeU- grodadSood. SL4TE ' Silty ITO, SyK/3C .Well-graded Sand, �t( N., METAQUARTZITE Al Ctoymy IL, • • 1111| ^��` ^|� SR�� Poorly- Sand, ~ ' ' MARBLE � Si|ty ° ' ' N� / | / SP/SC Poorly-.graded Sand, y' HORNFELS Clayey. � SM/SC Silty Sand, Clayey /^.0 SERPENTINE SC/SM Clayey Sand, S/yy k_� Other Metamorphic Rocks N@1NUN@ Nl m1 CL/ML Silty Ciny 5.17, LINCOLN COLORADO: c�*mm Springs, m . T Glenwood spw�` Montrose,Gunnison, EXPLANATION OF BOREHOLE LOGS AND LOCATION DIAGRAMS Junction.- Springs��� Z LL. BORING NO. O P. V a w c U. w ELEVATION: a I O -�_ CC I- I w 0. m a w F- U) to ►- zcn z z a DESCRIPTION a cc z p U ■ _ M _ Ve►y Rocky - coebles .,.../6ou/defs — M M Svr)`occ soils b beon reworked, bar nay- Q wit- N I M Cobb/es are. not- HesfccJ — 'Gr IS• I i I S/i9hr/y n,o/3r - - N ' 6ra IW s a Silty ',frog_ 57/7 r Sa l -AA� - (l l 1 - I 1`y .s 4' )4 e$ w� cebbles iy ,IJ .r- Hole rave( a Acvt. 5 �rer - Id- r +� Collies art ha'r Nesr yo (�oNESiaN .... .6 °f i _ Silty ca,,.f /ei,ses - s l/y/r/y MOar is MO/-51. - - U -0 a P Very IL1 c4ceaus -• Hole owed --1leer E 7,le. Prill Rdusd/ rnec>/iuy c/e.HSiYy - APPa.re r- 3-' t /)1cro..ase -To Gbuldars ? - Roues,-Cobbles- 4a,y,G 61 tweis cel'i. 1'r()'1w*//,QvarTz lion rt-7e onto /DO rA4ayy r — - IVo Free barer nelre.si 121 A /e - - 4 ZS-gg - �.. _ LOG OF SUBSURFACE EXPLORATION LINCOLN COLORADO: COLORADO -SPRINGS , 13 DONOR E GRAND JUNCTION , PUEBLO , ; DATE ?.5-89 ENGINEERS • GLENW00D SPRINGS GEOLOGISTS JOB No. 706sz-T �_. • ________._ _-,.. • • BORING NO. T p w U r v a UJ — ELEVATION: 4 a 0: z z F- w a ~ o *4 DESCRIPTION w w cr Z w O a._ M A M _ REwoKKED ON SOC - ,Vor- Fu-r._ - 1 6 ' ,- V,EAY /ocky - /MEDIC! Pti i7y - 1 M °cc 5/c-7-r SAND L�-NSEJ- ti/N - , M J5-- 1 i M s.�'-4ry S4WO Fitts- v� /'fihe - C/-.AYJ - C l IA Z_S% - ► pal - yrcJ q`RCJ C4A6f silecY - nricq - - • r - Incl-eol�� yr 41s - acc 5�c r y SAH p L Eivs Ea 54;,4>/y nro/Jr 70 moist - , gr' 10- i 11 Hole Caved 7 ' - oc`-"cleral ROCKS- S/cTr SANDS- VERy' "crtepDUS - -/r , - /�7A67- e/vys — very /Oe/p/4sriC - Medi0*f O/els5ify - M - aM Mo CottEstew C0664Fr /IND 8002-905�Zr - Grew.( - ►� s IS— r It,vol/u+s► detisirt7. — y pr i7 es-rwel �o%st _ ,�.6% _. - No/r C e,/ // 7`ice-f Hricacec e'5 )1()?e 5 - No FREE 1/141,64 /N //WE - 'r-1-Y-89 - LOG OF SUBSURFACE EXPLORATION LINCOLN COLORADO: COLORADO SPRINGS , ' DATE �j -ZS=89 D®VOR E GRAND JUNCTION , PUEBLO , EMOINEENS • OLENYOOOD SPRINGS ion NO. Ams-- - J CMINIMMIISISCWW GEOLOGISTS s....;,. •- z it H BORING NO. 3 - V ILI aU w LL J w ELEVATION: Q I 0 -J 1- H H - F. w F- [0 0- w N cn ►- a 2 2 z cn N z - z o u) a DESCRIPTION o_ cc a' p 2 O NW GRHss- flL4 I .511-Ty Cony - u/er _ Z N Co Cobbles- 5//'y $ id 74111e-r- media"" c/arsifr - y M - /'1I3.' dcr ys - ih/G4 — moist- I/try IHO/S t _ M .• /fcre4i7S ei/fy S.,,,l5 - more m c2 - H+eisl` -I% .1D 3_1% r- RpD 6 /z - 7 �i C _ Mtrs4.r/> i 40iVes _^- No cohetr� -- moist- -. - r , - Silk}/ S6io./ 4ihes ,cam 9rwwe/(5 - - 0 - 7 Jehsa5 4576- Silk s4csesls - minor- e%ry - s — # i 0. McOfi L4I1 Pensrr-r ZACreasi�`f 1yi - �},9 y l4- D 1 - No. Cotiecic - M /e 64,ve01 5-71lee7 - �-Ncre4fih I M i _ y Cp 6 6/es - P564 [tau lc%n- - 9-.� 1 iedi ct n o./e.ns�i4x (S - - _ No / E- IV, /, ho - 4- a -8y — LOG OF SUBSURFACE EXPLORATION t ' LINCOLN COLORADO: COLORADO SPRINGS , DOVOR GRAND JUNCTION , PUEBLO , DATE 4-.2-3---$.9 %' ENGINEERS • GEOLO®ISTS OLENVYOOD SPRINGS JOB NO. 7D611-.-j- ~ -. ___________11, . 1 Soil Sample ‘51°/344 Poor/.. Gram es///y so,ia/s ,ify Test No. , Project Co//erWooz1 Par/f Ha us/r9 Date - /0 • 89 Sample Location 2 a /A' Test by /1.0.3 a, GRAVEL SAND SILT TO CLAY , Coarse Fine Co. MedJLwn Fine Noplastic to Plastic_ 100 . -- - - - --_ . — - --- �x 90 _._�,__ ._ . �__ . ..__.__ o >4 70 ------- _, m 6 0 -.----.-- a. - - .-_- _____— _ .f H 50 -- ____._- --, - N 40 ---. - PG 30 ---- hi\ 0 I ..a...�.. 100 I ]J -ime 110.0 I r .1 I . 01..... ... ..S01 1) er- (t 117/2" .4' ,h" 4f4 010 WO HO tt.100 4200 - Sieve No, Sieve Size % Passing Sample No. I 1 1/2 " Specific Gravity 1" 3/4" /00.0 !Moisture Content 2. 67 1/2 " 89.4 3/8" 811.4 Effective Size 4 7/.4 10_ 515-..2. Cu 43.33 20 29.7 40 27:9 Cc /:M 100 /6. 6 200 //,4 Fineness Modulus 1-4.7 4.4 ea' 0200 , L.L. /9.8 % P.I. N/i0 BEARING per S'ulfatee Ppta LINCOLN COLORADO: COLORADO SPRINGS GRAIN SIZE ANALYSIS D DeVOR E GRAND JUNCTION , PUEBLO , ENGINEERS GLENW000 SPRINGS 1 - GEOLOGISTS N. • . ________.____________ toil Sample sM .5111y Sands Test No. 706 5z Project Cof''or ood K i w `'a•' Housing Date 5-70 -Si 9 Sample Location r/s a4' 3 e 4 ' Test by /20. S GRAVEL SAND SILT TO CLAY Coarse J Fine Co. Medium Fine 'Nonplastic to Plastic 100 , " \ - --- - -- - -- -- __.-__. y80 _ .. I r( �. __ ._r__. >-1 m 70 - —L Cr', 60 - --. - - } - — ----. _. _�. _ HS 0,..__--_- -._... -- - - - - Ll 30 ~ w . .. 20 _., • 0 rid .r. ....... 100 I ( I i .0 I I ]1! ( V I . 0 01 D. ame er- i 13/2" /11" , ' " #-4 ##t0 420 #40 #100 #200 - Sieve No. Sieve Size % Passing Sample No. Z • 1 1/2 " Specific Gravity 1 " /00.0 3/4" 96:8 Moisture Content 3.1 7 1/2 " 70.2 3/8" Effective Size 4 _ 56. 9 . /0.0 10 46.0 Cu 20 34.0 40 23.8 Cc /. 0 100 /6',4 • 200 /2. 7 Fineness Modulus 0200 L.L. % P.I. . % BEARING PSI Sulfates ^—^ppm • — LINCOLN COLORADO : COLORADO SPRINGS —7 GRAIN SIZE ANALYSIS ` DeVO R E GRAND JUNCTION , PUEBLO , '" ENGINEERS GLENWOOD SPRINGS — ._ vae--_. —. GEOLOGISTS__ _.__. a • - ------ —. i foil Sample G'P/GM Poor/y Graded Glove/ Si//y Test No. 7065 . project Co/ter/woad ?ark ffoUs;,iy Date 5--30 -89 ( Sample Location 7-/.3 .''' / e /..5-1 Test by /. D. S GRAVEL SAND SILT TO CLAY Coarse Fine Co. Medium I Fine Nonplastic to Plastic 100$: VIIi II_111111 ( i 1II1IIE± tiIIIIiIi____ 70 . . - 1 _ -- i 11'11 . m mg � { LH --6 011 uel0 I N 50 ':r 1®OiIiis. . 1 ,_LI 40 111 1ii� — 11 :1�u 11 1111 ► 11 a 3 20 0 III :: — 111 ® - MM--® 111 _ '� I� -- 0 tau 11---_,-- 111 - T " t in 100 I I I .o I I il r :o °C 01 D. ame er- (i4 n3 I 11/2" W4" '7 " 444 #10 420 010 44100 #200 -- Sieve No. Sieve Size % Passing Sample No. ___ _ "_`- 2' /DO. D 1 1/2 " 798 Specific Gravity 1 " 798 3/4 " - 74.7 Moisture Content 4,47, _ 1/2 " 657 • 3/8"• 58.1- Effective Size _ 4 49.0 • 10 36.0 Cu /83.33 20 22. 7 40_ _ /6.9 Cc 2.97 100 /..g./ 200 1/. 7 Fineness Modulus 0200 7V0/ e4.9%.9 ' L.L. /9. 4 %$ P.I. N/P `, BEARING psf Sulfates ppm is LINCOLN COLORADO : COLORADO SPRINGS —I GRAIN SIZE ANALYSIS DeVO R E GRAND JUNCTION , PUEBLO , as ENGINEERS GLENW00D SPRINGS 4-----.GEOLOGISTS .............. EXHIBIT C - OCCUPANCY DEED RESTRICTION AND AGREEMENT CARETAKER EMPLOYEE DWELLING UNIT THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT (the "Agreement") is made and entered into this day of June, 1989, by and between John A. Elmore II and Lionel Yow (hereinafter referred to as "Owner") and the Aspen/Pitkin County Housing Authority, a Colorado corporation (hereinafter referred to as the "Authority") organized pursuant to the Colorado County Housing Authority laws, as set forth in C.R.S. Section 29-4-501, et. seq. and the City Council of Aspen. W I T N E S S E T H: • WHEREAS, Owner owns real property more specifically described on Exhibit A attached hereto and incorporated herein (the "Real Property") . For purposes of this Agreement, the Real Property and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property") ; and WHEREAS, the Property shall contain twelve (12) free- market dwelling units, five (5) accessory caretaker units and three (3) affordable resident dwelling units, two of which will be one- bedroom units, and one of which will be a two-bedroom unit (collectively, these three units shall be known as the "Affordable Residential Units") ; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the Use and Occupancy of the Affordable Residential Units to residents and their families who are either employed by the Owner or who are residents of Pitkin County and fall within the Housing Authority rental/sale price and resident qualification guidelines established and indexed by the Authority on an annual basis. NOW, THEREFORE, in consideration of the sum of Ten ($10. 00) Dollars and other good and valuable consideration, paid to the Authority by the Owner, the receipt and sufficiency of which is hereby acknowledged, it is agreed by the parties hereto as follows: 1) The Owner hereby covenants that the Affordable Residential Units described above shall at all times be limited to housing for qualified employees of the Owner or for those individuals who are employed in Pitkin County and who meet the definition of "qualified low-income residents" in accordance with guidelines established by the Housing Authority of the City of Aspen and Pitkin County or a successor thereto. The Owner of the Affordable Residential Units shall have the right to lease the units to a qualified employee of the Owner's selection. Such individual may be an employee of the Owner, or employed as a resident caretaker, provided such person fulfills the requirements of a qualified low-income resident. 410 110 2) Written verification of employment of person(s) proposed to reside in the Affordable Resident Units shall be completed and filed with the Housing Authority Office by the Owner of the unit prior to occupancy thereof, and must be acceptable to the Housing Authority. If the Owner does not rent the employee unit to a qualified low income resident, the unit shall be made available for occupancy in accordance with the Housing Authority Guidelines, provided the Owner shall have the right to approve any prospective tenant, which approval shall not be unreasonably delayed or withheld. 3) The one-bedroom Affordable Residential Units are limited to occupancy by not more than two adults and related children. Resident adults must qualify as, and have been found by the Housing Authority to be, residents of the community as referred to above. 4) Lease agreements executed for occupancy of the Affordable. Residential Units shall provide for a rental term of not less than six consecutive months. 5) Should the Owner determine that the Affordable Residential Units will be offered for sale, the sales will be made in accordance with the Housing Authority Guidelines in affect at the time of the sale. 6) These covenants shall be deemed to run with the land as a burden thereof for the benefit of, and shall be specifically enforceable by, the Board of County Commissioners of Pitkin County, the Housing Authority of the City of Aspen and Pitkin County, and the City of Aspen, their respective successors as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non- complying tenants during the period of the life of the last surviving member of the presently existing Board of County Commissioners of Pitkin County, Colorado, plus twenty-one years, or for a period of fifty years from the date of recording hereof in the Pitkin County real property records, whichever period shall be less. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. OWNER: NAME: Mailing Address: 410 STATE OF SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by WITNESS my hand and official seal. My commission expires: ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by The Aspen/Pitkin County Housing Authority. HOUSING AUTHORITY OF THE CITY OF ASPEN AND PITKIN COUNTY, COLORADO BY: Mailing Adress: 130 South Galena Street Aspen, Colorado 81611 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 19 , by WITNESS my hand and official seal. My commission expires: Notary Public c: \jeh\re\occ89. fm } EXHIBIT A A parcel of land situated in the SE' SW', of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, East Aspen Additional Townsite, Pitkin County, Colorado, more fully described as follows. Beginning at the N.W. Corner of Block 21, East Aspen Additional Townsite; Thence S 75°09'11" E 150. 00 feet along the North line of said Block 21; Thence departing said line S 59°18'00" E 56. 37 feet; Thence S 50°14 '11" E 118 . 32 feet; Thence S 52 °57'39" W 47.02 feet; Thence S 49°58'47" W 21.71 feet to a point on the East line of said Block 21; Thence S 14°50'49" W 100. 00 feet along this East line of said Block 21 to the Southeast corner of said Block 21; Thence N 75°09'11" W 2 . 31 feet along the South line of said Block 21; Thence 62. 88 feet along a curve to the right having a radius of 868. 51 feet (the chord of which bears S 10° 18'25" E 62 .87 feet) ; Thence 145.72 feet along a curve to the left having a radius of 176. 18 feet (the chord of which bears N 51°27'27" W 141. 60 feet) ; Thence N 75°09'11" W 164 . 75 feet along the South line of said Block 21 to the Southwest corner of said Block 21; Thence N 14 °50'49" E 220. 00 feet along the West line of said Block 21 to the point of beginning. �i r f �t�trS /� • k}}}' ;•z yes: sac 1 F' tro l.` F i /` t�•'\r - 0 I Ili !' 1 `h e� E*e ! �. i'�*� jq` ',1 As t 4 .,� „ �, F R �?, t dtR i• ..stir _ tog,,, ...ir, , ,,,, . 0 ih' 1111 • •■'-., tit,;,,,' i ,‘"!`.., '....?'-.3 OS r �} a ', , ,1 , M • 410. 700 EAST MAIN GROWTH MANAGEMENT/PUD AMENDMENT APPLICATION Submitted by The Elmore/Yow Group c/o Garfield & Hecht 601 East Hyman Aspen, Colorado 81611 ( 303) 925-1936 Prepared by VANN ASSOCIATES, INC. Planning Consultants 210 South Galena Street, Suite 24 Aspen, Colorado 81611 ( 303) 925-6958 and STAN MATHIS ARCHITECTURE & PLANNING 119 South Spring Street Aspen, Colorado 81611 ( 303) 920-1434 1 I. TABLE OF CONTENTS Section Page I. INTRODUCTION 1 II. PROPOSED AMENDMENT 3 III. PROJECT PARAMETERS AND REGULATORY 4 COMPLIANCE A. Comparison of Basic Project 4 Parameters B. Compliance with Land Use 12 Regulations IV. REVIEW REQUIREMENTS 13 A. Growth Management 14 B. Planned Unit Development 21 C. Stream Margin Review 22 APPENDIX A. Exhibit 1, Land Use Application Form Exhibit 2, Certificate of Title Exhibit 3 , Permission to Represent B. Exhibit 1, Schmueser Gordon Meyer Engineering Analysis C. Exhibit 1, P&Z GMP Tally Sheet i S I. INTRODUCTION The following application requests approval to amend the growth management and final PUD/subdivision plat approvals granted to the so-called 700 East Main project, an eighteen ( 18) unit residential complex to be developed on the Mikkelsen/Bevan property in Aspen, Colorado (see Land Use Application Form, Exhibit 1, Appendix A) . The property is located adjacent to the intersection of Spring Street and Main Street in the general vicinity of the Concept 600 Building, Herron Park and the Roaring Fork River. The current owner of the property and project applicant is the Elmore/Yow Group of Wrightsville Beach, North Carolina ( see Certificate of Title, Exhibit 2, Appendix A) . The Applicant' s representative is Sunny Vann of Vann Associates, Inc. , Planning Consultants ( see Per- mission to Represent, Exhibit 3 , Appendix A) . The application has been divided into three ( 3) parts. The first part, or Section II. of the application, describes the Applicant' s proposed amendment, while Sec- tion III. compares the basic development parameters of both the approved and revised project. The third part, or Section IV. , addresses the proposed amendment' s compliance with the applicable review requirements of the Aspen Land Use Regulations. For the reviewer' s convenience, all 1 t , 0• M pertinent supporting documents relating to the project (e.g. , proof of ownership, original P&Z GMP scores, etc. ) are provided in the various appendices to the application. The 700 East Main project successfully competed in the 1987 residential growth management competition. The application was submitted by Fine Associates of Minneap- olis, Minnesota, the prospective purchaser of the proper- ty. Consent to the application was provided by the pro- perty' s owners, Alice and Dorothy Mikkelsen, Louise Ware and Albert Bevan. Although the project subsequently re- ceived all required land use approvals, Fine Associates' option to purchase the property expired prior to recorda- tion of the final PUD/subdivision plat. Subsequent at- tempts on behalf of Fine Associates to acquire the proper- ty were unsuccessful, and the property was sold to the Elmore/Yow Group in March of 1989. The final PUD/subdivi- sion plat, however, has yet to be recorded. While the Applicant has attempted to address all relevant provisions of the Land Use Regulations, and to provide sufficient information to enable a thorough evalu- ation of the application, questions may arise which result in the staff' s request for further information and/or clarification. The Applicant would be pleased to provide such additional information as may be required in the course of the application' s review. 2 T S •• i •• II. PROPOSED AMENDMENT In general, the scope of the Applicant' s proposed amendment is limited primarily to revisions to the proj- ect' s unit mix, site and architectural design, and employ- ee housing commitment. All other aspects of the project remain essentially unchanged. The nature and extent of the proposed amendment, however, is summarized below. 1) The amended project contains twelve ( 12) free` market units and four ( 4) one-bedroom employee housing units in lieu of seventeen ( 17) free market units and one ( 1) one-bedroom employee housing unit. The free market unit mix has also been revised. 2) All required parking, including employee gener- ated parking requirements, is located under- ground. 3) The amended project contains fewer hard surfaces and more green space. The distance between buildings within the interior courtyard has been significantly increased. 4) The amended project' s architecture is more in keeping with the Victorian theme that is consis- tent throughout town. 3 T 1 •• •• 5) The above grade community/recreation room has been relocated to the parking garage and the exterior spa has been eliminated . 6) The amount of building frontage on Main Street has been reduced. 7) Five ( 5) free market units are now oriented towards the River. 8) The pedestrian sitting area on corner of Spring and Main Streets has been expanded and relocated within the property line. III. PROJECT PARAMETERS AND REGULATORY COMPLIANCE Provided below is a comparison of the basic parame- ters of the approved project to those of the Applicant' s proposed amendment and a discussion of the amended proj- ect' s compliance with the applicable provisions of the City' s Land Use Regulations. A. Comparison of Basic Project Parameters The existing 700 East Main approval can be characterized in terms of a variety of project parameters, including, for example, unit count, unit mix, FAR, parking and employee housing. These and other basic parameters of 4 • 5 1 •• _ •• the approved project are compared to those of the proposed amendment in Table 1 below. Table 1 BASIC PROJECT PARAMETERS 700 East Main Parameter Approved Amended C' 1. Total Project Units 18 16 Free Market 17 12 Employee 1 4 2. Unit Mix Free Market 2 Bedroom 9 -- 3 Bedroom 6 7 4 Bedroom 2 5 Employee 1 Bedroom 1 4 3 . Total Project Bedrooms 45 45 Free Market 44 41 Employee 1 4 4 . Maximum Allowable F}oor 43 ,000 43 ,000 Area (Sq. Ft. ) 5. Total Building Area (Sq. Ft. ) 82,9992 83,950 Area Assignable to F4R 41,329 42,500 Area Exempt from FAR 41,670 41, 450 6. Total Site Coverage (Sq. Ft. ) Building Footprints 19,600 23 ,060 Circulation 9,020 5,500 Open Space 31,396 31, 460 7. Building Setbacks (Ft. ) Spring Street (from curb) 26 30 Main Street ( from curb) 30 32 5 North Side (from property 17 17 line) River (from edge) 32 32 8. Minimum Required Parking 45 45 @ 1 Space/Bedroom Free Market Units 44 41 Employee Units 1 4 9. Total Parking Provided 45 50 Surface 4 -- Subgrade 41 50 10. Employee Housing Total Employees Housed 1.75 7 Cash-in-Lieu Payment $685,000 $515,000 1 From executed December 19, 1988 PUD/Subdivision Agreement. 2 From Preliminary PUD/Subdivision Application dated March, 1988, page 14. 3 Includes parking garage and subgrade portions of residential units. 4 Established by special review. Assumed requirement is one ( 1) space/bedroom. As Table 1 indicates, the amended project' s basic parameters deviate to varying degrees from those of the existing approval. The most significant deviations occur with respect to the project' s unit count, floor area, parking and employee housing. These parameters and all other deviations from the existing approval are dis- cussed in detail below. 6 z y • • • • 1. Total Project Units. In order to provide a more desirable free market residential unit, and to pro- vide additional on-site employee housing, the approved project' s total unit count has been reduced from eighteen ( 18) units to sixteen ( 16) units. As Table 1 indicates, the amended project' s free market units have been reduced to twelve (12) while the number of employee units has been increased to four ( 4) . 2. Unit Mix/Total Project Bedrooms. In gener- al, the approved project' s two ( 2) bedroom units have been eliminated and replaced with three ( 3 ) and four ( 4) bed- room units. As a result, the total number of free market bedrooms has decreased slightly, while the number of employee bedrooms has substantially increased. The total number of project bedrooms, however, remains unchanged. The approved project contained forty-four ( 44) free market bedrooms and one ( 1) employee bedroom while the amended project contains forty-one ( 41) free market bedrooms and four ( 4) employee bedrooms. 3. Total Building Area. As Table 1 indicates, the amended project' s floor area has increased by one thousand one hundred and seventy-one ( 1, 171) square feet, or approximately three ( 3) percent. This increase, howev- er, is attributable solely to the Applicant' s inclusion of three ( 3) additional employee housing units. The amended 7 • project' s total floor area remains below the maximum allowable. The area of the amended project which is exempt from FAR calculations ( i.e. , the subgrade parking garage, etc. ) has been reduced. As a result, the proj- ect' s total building area remains essentially unchanged. 4. Total Site Coverage. While the area of the site covered by building footprints has increased, the amount of land area devoted to circulation has decreased. As a result, the total area of the site covered by the buildings and circulation elements remains relatively unchanged. 5. Building Setbacks. The amended project maintains or exceeds the building setbacks of the approved project. Please note, however, that the extent to which the lower patios along Main Street extend into the setback has been significantly reduced, thereby increasing open space and reducing visual impacts. 6. Parking. The approved project contained a total of forty-five ( 45) parking spaces, or one ( 1) park- ing space per free market/employee bedroom. Forty-one ( 41) of these spaces were provided within a subgrade parking garage, while the remaining four ( 4) spaces were located on grade adjacent to Spring Street. The Appli- cant' s amended project provides fifty ( 50) spaces, all of 8 t.a • • which are located sub-grade. The fifty spaces not only meet the approved project' s one space per bedroom commit- ment, but result in the provision of five ( 5) additional parking spaces for residents/guest use. 7. Employee Housing. Fifty ( 50) percent of the total project residents were to be housed by the approved project. One and three-quarters ( 1-3/4) employ- ees were to be housed on-site in a one ( 1) bedroom employ- ee housing unit. The remainder of the fifty percent commitment was to be met by the payment of a cash-in-lieu fee of approximately $685,000. 00. As Table 1 indicates, the Applicant' s amended project will house seven (7) employees on-site in four ( 4) one ( 1) bedroom units, an increase of five and one-quarter ( 5-1/4) employees or approximately three hundred ( 300) percent. A revised cash-in-lieu payment of $515,000.00 will be paid by the Applicant in order to maintain the original fifty percent employee housing commitment. The Applicant' s revised employee housing calculations are provided in Table 2 below. Table 2 EMPLOYEE HOUSING CALCULATIONS 700 East Main 1. Total Free Market Population 41 7 - 3 Bedroom Units '@ 3 Residents/Unit 21 9 5 - 4 Bedroom Units @ 4 Residents/Unit 20 2. Credit for Replacement Units1 8. 25 2 - 3 Bedroom Units @ 3 Residents/Unit 6 1 - 2 Bedroom Unit @ 2 . 25 Residents/Unit 2.25 3. Net Free Market Population 32.75 4. Employee Housing Requirement @ 50 Percent 32.75 of Total Project Population 5. Revised Employee Housing Proposal 4 - 1 Bedroom On-Site Units @ 1.75 7 Employees/Unit Cash-in-Lieu Payment for 25.75 $515,000. 00 Employees @ $20, 000/Employee2 1 From original GMP application. 2 Cash payment per employee based on approved PUD/Sub- division agreement. In addition to the changes in the above parame- ters, the amended project differs from the approved proj- ect with respect to such design features as the amount building frontage on Main Street and the River, the inte- rior distance between buildings and landscaping. These differences are discussed below. The design concept of the amended project is to provide a residential neighborhood reminiscent of past years when there were broad lawn areas and quiet pedestri- an streets. A neighborhood where children and adults 10 e • alike can play and meet with neighbors without crossing busy streets. Here, people are the priority, not automo- biles. In comparing the amended site plan with the original plan, differences in design are easily observed. The length of building located along Main Street has been reduced from one hundred and forty ( 140) lineal feet to approximately one hundred and twelve ( 112) feet including a twenty (20) foot wide green space leading into the courtyard. Along the riverfront, the actual lineal feet of building has been increased by approximately eleven ( 11) feet, from one hundred and eighty-one ( 181) feet to one hundred and ninety-two ( 192) feet. This measurement, however, includes a lap pool and a twenty ( 20) foot wide river overlook. In the courtyard, the minimum distance between units has substantially increased, from forty-four ( 44) feet to sixty-four ( 64) feet. The rearrangement of the courtyard leaves space for a much larger unbroken area of lawn. The landscape plan, as it relates to the building mass and layout, surrounds the project with native plant- ings as an extension of the existing vegetation along the Roaring Fork River bank. These plantings will consist of cottonwood, aspen, and spruce with an under story of native dogwood and ground covers. The plantings are 11 • designed to break up building mass and to reflect existing vegetation on surrounding properties. The plantings within the confines of the project will take on a more formal character. The interior courtyard space established by the building layout will be strength- ened with the placement of Norway Maples along the perime- ter of the courtyard. The interior of the courtyard will consist primarily of lawn with shrubs and _ground cover located along the edges to further break up building mass and to create a pleasant entry to each of the units. B. Compliance with Land Use Regulations The amended project has been designed in compli- ance with all applicable requirements of the underlying R/MF zone district. As the property is designated manda- tory planned unit development, a reduction in the site' s maximum allowable density is required due to the presence . of steep slopes and the fact that a portion of the proper- ty is located under water. The amended project' s minimum land area requirement is calculated in Table 3 below. Table 3 MINIMUM LOT AREA REQUIREMENT 700 East Main 1. Total Site Area (Sq. Ft. ) 60,016 2. Land Area after Slope Reduction and 50,497 Subtraction of Land Under Waters 12 • 3 . Minimum Required Lot Area per Dwelling Unit (Sq. Ft. ) Studio 1,000 1 Bedroom Unit 1,250 2 Bedroom Unit 2,100 3 Bedroom Unit 3,630 4 Bedroom Unit 4,000 4. Proposed Unit Mix Free Market 7 - 3 Bedroom Units 5 - 4 Bedroom Units Employee 4 - 1 Bedroom Units 5. Minimum Required Lot Area (Sq. Ft. ) 50,410 7 - 3 Bdrm. Units @ 3 ,630 25,410 Sq. Ft. /Unit 5 - 4 Bdrm. Units @ 4,000 20,000 Sq. Ft. /Unit 4 - 1 Bdrm. Units @ 1,250 5,000 Sq. Ft. /Unit 1 Site area after slope reduction and subtraction of land under water same as approved project. IV. REVIEW REQUIREMENTS The proposed amendment is subject to both growth management and planned unit development amendment review procedures. In addition, stream margin review is required as the revised buildings are located outside of the ap- proved building envelopes. The requirements of each of these procedures is discussed below. 13 4 . A. Growth Management Pursuant to Section 8-107 of the Land Use Regu- lations, amendments to an approved GMP application are reviewed by the Planning and Zoning Commission to deter- mine whether the proposed amendments would adversely affect the application' s eligibility for a GMP allocation. In considering whether or not to grant an amendment, the P&Z must determine that the GMP scores awarded the amended application are equal to, or greater than, the scores previously awarded the approved project. A category-by- category summary of the project's original and revised commitments and GMP scores is provided in Tables 4 and 5 below. A copy of the Planning and Zoning Commission' s summary points allocation is attached hereto as Appendix C, Exhibit 1. Table 4 1987 RESIDENTIAL GMP APPLICATION 700 East Main Staff PAZ Category Score Score I. Public Facilities and Services 10.5 11.2 1. Water Service (maximum 2 points) 1.5 -- a. Agreed to install isolation valves, extend a deadend line and to loop and interconnect various lines in the area. 14 2. Sewer Service (maximum 2 points) 2 -- a. Agreed to "slip line" a part of an off-site line. 3 . Storm Drainage (maximum 2 points) 2 -- a. Agreed to provide curb and gutter, and on-site detention system to reduce storm water drainage impact on River. 4. Fire Protection (maximum 2 points) 2 -- a. Agreed to upgrade water system and existing hydrant and install new hydrant. 5. Parking Design (maximum 2 points) 2 -- a. 41 of 45 spaces provided sub- grade. Existing Main Street curb cut eliminated. Garage Access 100 feet from corner. 6. Roads (maximum 2 points) 1 -- a. Agreed to ski season shuttle for residents. II. QUALITY OF DESIGN 12.5 13 1. Neighborhood Compatibility (maximum 2 -- 3 points) a. Average building height of 28 28 feet. Approximately 55 percent open space. Buildings front on Main Street. Project bulk to rear of site. 2. Site Design (maximum 3 points) 3 -- a.. Landscaping breaks up project massing. Views of River from 15 4 . Main Street preserved. Pocket park at corner. Internal open space maximized between build- ings. All utilities under- ground. Relocate existing transformer. Sidewalks and benches along right-of-way. Peaked roofs for diversity. 3 . Energy (maximum 3 points) 2. 5 -- a. Insulation exceeds standards. Passive solar orientation. Low-E glazing and efficient heating system. No woodburn- ing devices. 4. Trails (maximum 3 points) 3 -- a. Sidewalks along perimeter of site and along 280 feet of Neal Street. 5. Green Space (maximum 3 points) 2 -- a. Standard level of landscaping. 30-40 percent of internal court- yard covered with exposed aggre- gate. Existing vegetation along River and at corner of Spring and. Main Streets retained. III. PROXIMITY TO SUPPORT SERVICES 6 6 1. Public Transportation (maximum 3 -- 3 points) a. Project located within 2 blocks of existing bus route. 2. Community Commercial Facilities 3 -- (maximum 3 points) a. Project located within 2 blocks of commercial facilities. 16 4 • IV. EMPLOYEE HOUSING 10 9.7 1. Low Income Housing 10 -- a. 50 percent total project residents housed. V. BONUS POINTS -- 0.75 VI. TOTAL POINTS 39 40.6 1. Points in Categories I . through 39 39.9 V. (minimum 31. 8 points) 2. Bonus Points -- 0.75 As Table 4 indicates, the Planning Office' s recommended score for the approved project was thirty-nine ( 39) points, substantially above the minimum threshold of 31.8 points required to be eligible for a growth manage- ment allocation. The Planning and Zoning Commission essentially concurred with the staff and awarded the project 40. 6 points. Table 5 AMENDED RESIDENTIAL GMP APPLICATION 700 East Main Anticipated Category Score I. Public Facilities and Services 11 1. Water Service (maximum 2 points) 2 17 O • a. Agree to install isolation valves, extend a deadend line and to loop and interconnect various lines in the area. 2. Sewer Service (maximum 2 points) 2 a. Agree to "slip line" a part of an off-site line. 3 . Storm Drainage (maximum 2 points) 2 a. Agree to provide curb and gutter, and on-site detention - system to reduce storm water drainage impact on River. 4. Fire Protection (maximum 2 points) 2 a. Agree to upgrade water system and existing hydrant and install new hydrant. 5. Parking Design (maximum 2 points) 2 a. 50 spaces provided subgrade. Existing Main Street curb cut eliminated. Garage access 100 feet from corner. 6. Roads (maximum 2 points) 1 a. Agree to ski season shuttle for residents. II. QUALITY OF DESIGN 13.5 1. Neighborhood Compatibility (maximum 2.5 3 points) a. Less building mass along Main Street. Opening between buildings provides visual access to interior courtyard. Project visually anchors east end of Main Street. Use of 18 410 410 brick and stone, and the alignment of Units 1-4, unifies project with other major buildings along Main Street. Height and massing of buildings is generally smaller than surrounding structures. 2. Site Design (maximum 3 points) 3 a. All parking underground. Landscap- ing breaks up building mass. Build- ing setbacks from River same as ap- proved project. Internal open space increased. Public seating area at corner enlarged. Less hard surfaces. All utilities underground. 3. Energy (maximum 3 points) 2. 5 a. Insulation exceeds standards. Passive solar orientation. Low-E glazing and efficient heating system. No woodburn- ing devices. 4. Trails (maximum 3 points) 3 a. Sidewalks along perimeter of site and along 280 feet of Neal Street. 5. Green Space (maximum 3 points) 2.5 a. Less hard surface, more green space. More extensive plantings of trees and shrubs. Southeast corner of site extensively land- scaped to provide visual terminus to Main Street. III. PROXIMITY TO SUPPORT SERVICES 6 1. Public Transportation (maximum 3 3 points) 19 • i a. Project located within 2 blocks of existing bus route. 2. Community Commercial. Facilities 3 (maximum 3 points) a. Project located within 2 blocks of commercial facilities. IV. EMPLOYEE HOUSING 10 1. Low Income Housing 10 a. 50 percent total project residents housed. V. BONUS POINTS -- VI. TOTAL POINTS 40.5 1. Points in Categories I. through V. 40.5 (minimum 31. 8 points) 2. Bonus Points -- As discussed previously, the amended project is essentially identical to the approved project with the exception of architectural and site design. As a result, the anticipated scores indicated in Table 5 above in such categories as Public Facilities and Services, Proximity to Support Services and Employee Housing are consistent with those awarded the approved project. Obviously, the antic- ipated scores indicated in the category Quality of Design are subjective, represent the Applicant' s personal opin- ions, and are subject to debate. 20 411 411 As Table 5 indicates, we believe that the amend- ed project clearly meets the rescoring criteria of Section 8-107 of the Land Use Regulations. Furthermore, a compar- ison of Tables 4 and 5 indicates that virtually all origi- nal representations and commitments are matched or other- wise exceeded by the amended project. As a result, the Applicant respectfully suggests that the City' s criteria for a GMP amendment are met by the revised project, and that this application for amended growth management review should be approved as submitted. B. Planned Unit Development Pursuant to Section 7-907 .B. of the Land Use Regulations, all amendments other than so-called "insub- stantial amendments" to an approved final PUD development plan are subject to review and approval of the P&Z and City Council. Such amendments are reviewed pursuant to the provisions of the final PUD development plan process. At present, the principal review criteria is that the proposed amendment must be consistent with the approved conceptual, PUD development plan. Proposed regulatory changes currently under consideration by the City Council, however, require that such amendments be "consistent with, or an enhancement of, the approved final PUD devel- opment plan" . 21 • • As discussed under the preceding heading, the Applicant believes that the amended project is, at a mini- mum, the equal of the approved project and, in numerous way, notably superior. Inasmuch as the amended project will essentially comply with all conditions of the ap- proved project' s final PUD development plan approval (except as herein revised) , the Applicant' s receipt of amended GMP approval should be sufficient to meet the requirements of this section of the Regulations. All documents and drawings required for the recordation of the final PUD development plan will be submitted upon approval of the amended project. C. Stream Margin Review Pursuant to Section 7-504 of the Land Use Regu- lations, all development within one hundred ( 100) feet, measured horizontally, from the high water line of the Roaring Fork River is subject to stream margin review. Given the proximity of Units 5 through 9 to the River, review and approval pursuant to the City' s stream margin regulations is required. The specific review criteria, and the amended project' s compliance therewith, are summa- rized as follows. 1. "It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will 22 S not increase the base flood elevation on the parcel pro- posed for development." Units 5 through 9 are located above the high water line and outside of the one hundred ( 100) year floodplain boundary. 2. "Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails plan map is dedicated for public use." To the best of the Applicant' s knowledge, no trail alignments are proposed in the Parks/Recreation/Open Space/Trails element of the Aspen Area Comprehensive Plan which affect the project site. 3. "The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development to the greatest extent practicable." - The Roaring Fork Greenway Plan contains no site specific recommendations with respect to the project site. The proposed building envelopes, however, have been lo- cated so as to preserve to the maximum extent feasible the existing vegetation and natural appearance of the proper- ty. Approximately twelve ( 12) existing cottonwoods of varying size will have to be removed to accommodate the amended site plan. All smaller trees will be transplanted 23 • and additional landscaping installed to offset the loss of vegetation. The extensive landscaping proposed by the Applicant for the southeast corner of the property should more than compensate for the necessary tree removal. 4. "No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank." No vegetation will be removed nor any slope regraded such that the River would be adversely affected. All disturbed slopes will be stabilized during construc- tion and appropriate measures (e.g. , haybales, etc. ) taken to prevent erosion. 5. "To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary." Inasmuch as Units 5 through 9 are located well above the high water line, the proposed development will have no effect upon the natural changes experienced by the Roaring Fork River. No pollution of the River will occur as a result of the Applicant' s proposed development. Currently, drainage runs uncontrolled off the site, both to the River and to the Spring Street collec- 24 • PITKIN COUNTY TITLE, Inc.• - -EXHIBIT 2 Title Insurance Company Vincent J. Higens 60-, E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President CERTIFICATE OF TITLE PITKIN COUNTY TITLE , IN . a duly licensed Title Insurance Agent for the State of Colorado hereby certifies that : LIONEL YOW is the owner of the Parcel attached ne_reto on Exhibit "A" and JOHN ELMORE is the owner of the Parcel attached hereto on Exhibit "B" . This certificate is furnished for informational purposes only and is not to be construed as an abstract of title nor a guarantee of title . Certified this 17th day of March , 1989 at 12 : 00 P . M . PITKIN COUNTY T TLE , INC . BY :_ '__ � authorize gnature EXHIBIT "A" Record o'clock. , Recorder. ALBERT W. BEVAN, JR. whose address is 1719 SAND::RSON AVE. Colorado :;pr_ngs, Co. 80915 County of El Paso ,State of COLORADO , for the consideration of Ten Dollars and other good .Ind valuable considerations dollars, in hand paid,hereby:ell(s) and convey(s) to LIONEL YOW whose address is Yow, Yow, Coibrith, Fox & Pennington , County of 102 North Fifth Avenue, Box 479, and State of No. Carolina the following real property in the County c: PITKIN ,and State of Colorado,to wit: LOTS A, B, C, D & E, ?LOCK 21, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN ALSO KNOWN AS: LOTS I, 2, 3, 4 & 5, I,LOCK 21, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN 1 ii I with all its appurtenances,and w.trrant(s) the title to the same,subject to reservation in U.S. '1 Patent recorded in Book 18; at Page 69. li Signed this 10th day of March , 19 89 • i ,r,! ALBERT W. BEVAN, JR. STATE OF COLOI•ADO, Iss. County of Pit k i n The foregoing instrument was acknowledged before me this 10th day of March ,19 89 ,by Albert W. Bevan, Jr. My commission expires Witness my hand and offi-ial seal. I V1ne nt J.HIpsnWNo•sry Public 1 My Com l expires 12128(90. 601 E. 111 Notary Public 601 E.Hopkins Aspen,Colorado 91611 Statutory Ackaowledpment.-1f by natnaal person or persons here Insert name or n• es;U by person acting In representative or official capacity or as attorney-in-tact:hen Insert name of person as executor attorney-in-fact or other capacity or descrip- tion;If by officer of corporation Wen insert name of such officer or officers as the president or other officers of such oor- poratlon naming it No.897. warranty Deed—short Farm—See.lle•1.43,-C.R.S.1963—Bradford Publishing Co.,1821-66 Stoat Street,Denver,Colorado—,o.7s �� l EXHIBIT "B" Roc,aion No. _ .—. Rcanderr Rccurded at WARRANTY DEED DOROTHY MARIE MIKKELSEN, Be;: 3132, Aspen, Colorado 81612 ARDITH LOUISE WARE, Box .32. Aspen, Colorado 81612: and ALICE JUANITA MIKKELSEN :f6:ifi rly Alice Juanita Gallegos: c/o Joe Rader, Suite 401. 1(60 Walnut Street, Boulder. Colorado 80302 -whoseaddress-is 'County c_ ,State of Colorado ,lint the consideration of ten dollars ($10.00) -dollars,in hand paid,hereby sell(s) NtnteX and convey(s)to JOHN ELMORE, R r. °,�b1 3- whose legal address isYow, Yow, C lbrith, Fox & Pennington, 102 North Fifth Avenue, Box 479, Wilmington, County of ,and State of North Carolina 28402 the following real property in the County of Pitkin • ,and State of Colorado, to wit: A pircal of land situate in the SE' SW1 of Section 7, Township 10 South, Rar.;e 84 West of the 6th P.M., Tract 40, East Aspen Additional Townsite, City of Aspen Pitkin County, Colorado, being the portion of Block 21, East Aspen Townsite as described in Book 551 at Page 443 and Book 311 at Page 67, all of them alley of said Block 21 as described in Book 551 at Page 441, that portion of Main Street described in Book 551 at Page 443, and that portion of the nor:he:ly extension of Original Street as described in Book 311 at Page 67, more fuly described as follows. Beginning at the NW corner of Lot"6 of Block 21, Eas-: Aspen Additional Townsite, thence S59°18'00"E 56.37 feet; thence S50°14'll'E ;-18.32 feet; thence S52°57'39"W 47.02 feet; thence S49°58'47"W 21.17 feet to a point on the east line of Block 21; thence S14°50'49"W 100.00 feet along the east line of Block 21 to the southeast corner of Block 21; thence N7° °09'11"W 2.31 feet along the south line of Block 21; thence 62.88 feet alonf a curve to the right having a radius of 868.51 feet (the chord of which bei•:rs S10°18'25"E 62.87 feet); thence 145.72 feet along a curve to the left havi:.g a radius of 176.18 feet (the chord of which bears N51°27'27"W 141.60 feet); thence N75°09'11"W 164.75 feet along the south line of Block 21 to the sout'twe>t corner of Block 21; thence N14°50'49"E 120.00 feet along the west line of Blcck 21 to the southwest corner of Lot 1 of said Block 21, thence S75°09'11"E 150.00 feet along the southerly lines of Lots 1, 2, 3, 4 and 5 of said Block 21; thence N14°50'49" E 100.00 feet along the westerly line of Lot 6 of said Block 21 to the point of beginning containing 45,016 square feet more or less, als; known by street and. number as 700 East Main Street, Aspen, Colorado 81611 with all its appurtenances, and warrants the title to the same, subject to the e:.se:lent for Main Street, reservation in U.S. Patent in Book 185 at Page 69, a::d '>uilding and zoning regulations and subject to the first deed of trust exe:utsd simultaneously herewith from grantees hereunder to benefit grantors. Signed this QA' day of /Yf9,Qq/ , 19 89 • DOROTHY • 'IE MIKKELSEN Aoui1', A'1.ITHfLOUI,SE '. /2e037,1 J. A ICE , AN TA MIKKELSEN (fo erly I STATE OF COLORADO, JUANITA J G G!S) at x �14-� ay(, t-k11f Y / L•r r ss. /QA County of P.:tk_n ALICE JUAN TA GALLEGOS L • V • The foregoing instrument was ack:.owi.dged before me this /0- day of P'i'w I ,1989 , by. DOROTHY MARIE MIKKE:.SE.i • My commission expires . Witness my hand and official seal. Vlnosnt J.HIgena/Notr ry Public �� My Commission explrsa 121:'8190. 1 t...Y'U1 el nddr Aspen,Colorado opidnu181'; r 'If in Denver,inacn"City and." } No.897.Rev.12-85. WARRANTY nw (Short=arm; Bradford ILAliahing.5825 W.6th An.,takc■not.CO 80214—(330')233-6900 87 • • EXHIBIT 3 VANN ASSOC ATES, INC. - Planning Consultants March 20 , 1989 HAND DELIVERED Mr. Alan Richman Planning and Development Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Richman: Please consider this letter authorization for Sunny Vann of Vanr, Associates , Inc. to represent The Elmore/Yogi Group in the processinx of our application for an GMP,'PUD amend- ment to the 70: East Main project. Mr. Vann is hereby authorized to a.::t on our behalf with respect to all mat- ters reasonably pertaining to the aforementioned applica- tion. Should you have a:iy questions, or if 1 can be of any further assistan:e, please do not hesitate to contact me • at 925-7460. Sincerely, • THE ELMORE/YOU GROUP • • Jo A. Elmore • • SV:cwv 230 East Hopkins Avenue•Asper, Colorado 81611 •303/925-6958 APPENDIX B „����` 12 Grand Avenue, Suite 2i /scrlMUESER oN M. rEr INC :,j=� ` -1enwood Springs, Colorado o•i 60 Oar pun (303) 945-1004 ”"'MI'III EXHIBIT 1 \ellt3SII CONSULTING ENGINEERS&SURVEYORS/ March 15, 1989 Mr. Stan Mathis, Acme Mathis P.O. Box 1984 Aspen, CO 81612 RE: 700 East Main Street Engineering Analysis Dear Stan: The purpose of this letter is to summarize for you our analysis of site engineering requirements for the proposed 700 East Main project. As part of this analysis, we have also reviewed the technical data that is of public record with respect to the previous proposed development on the property. I have broken this analysis down into several major categories for ease of review. Water Utility The project will be served by the City of Aspen Water Department. As with the previous proposal, waterlines will be extended to the site, then looped through the easterly portion of the project to provide greater reliability and serviceability. Fire protection facilities will be located in acproximately the same areas as previously committed. Sewer Utility The project will be served by the Aspen Consolidated Sanitation Dist- rict. Service on site will be straight forward with extensions from the Spring Street sewer line into the project. Sliplining -of off-site sewer lines will continue to be proposed. Slip- lining will occur several ;plocks to the north of this project in the vicinity of the Roaring Fork River. The sliplining will correct appar- ent infiltration problems- wich currently exist in these lines. Drainage • • Currently, drainage runs uncontrolled off the site both to the Roaring Fork River and the Spring Street collection system. As with the pre- vious design, it is proposed to collect all the drainage produced on site, release at the historic surface runoff and groundwater recharge rates, with surface runoff being discharged to the Roaring Fork River. There will be no impact to the Roaring Fork River, either from a quant- ity or quality standpoint. r . March 15, 1989 Mr. Stan Mathis Page two Attached hereto is a schematic layout of on-site engineered facilities. This layout is intended to be schematic and show intent only. We are continuing to proceed with formal engineering design of both on-site and off-site facilities, and will provide the same to you in a timely manner. I trust the above discussion and the attached map is sufficient to satisfy the City as to the intent of the facilities being proposed for this project. As always, I will remain available to provide further input or respond to any questions which may arise. Respectfully submitted, SCHMUESER CORDON MEYER, INC. i De-. W. Go••on, P.E. •.-sident G:lec/•437 E los e • • APPENDIX C r A 1 , , .,.,------. 5 - EXHIBIT 1 CI'T'Y OF ASPEN RESIDENTIAL Gi TH MANAGEMENT PLAN SUBMISSION POINTS AIT a'IaI - TALLY SHEET Project: 700 Main P&Z VdI'ING MEMBERS Ramon-3. Jasmine Roger Welton David Mari Jim _ Average 1. Public Facilities and Services (12 pts) a. Water Service 2 1.5 1.5 1.5 1.5 1.5 2 _ b. Sewer Service 2 2 2 2 2 2 2 _ c. Storm Drainage 2 _2 2 2 2 2 2 _ d. Fire Protection 2 2 2 2 2 2• 2 _ e. Parking Design 2 _2 '2 2 2 2 2 _ f. Road 2 1 1.5 1.5 1.75 1 2 SUBTOTAL 12 10.5 11 11 11.25 10.5 12 11.17 2. Quality of Design (15 pts) a. Neighborhood 3 3 2 2.5 2.5 2 2 _ Compatibility b. Site Design 2 3 3 3 2.5 2 3 _ c. Energy 2 _2.5 2.5 2.5 2.5 '2.5 2.5 _ d. Trails 3 3 3 3 3 3 3 _ e. Green Space 3 3 2 2.5 2.5 2 2.5 _ SUBTOTAL 13 14.5 12.5 13.5 13 11.5 13 13 3. Proximity to Support Services (6 pts) a. Public 3 _3 3 3 3 3 3 Transportation b. Community Carmel , 3 3 3 3 3 3 3 _ Facilities SUBIJTAL 6 5 6 6 6 6 6 6 4. Employee Housing (20 pts) a. Low Income 10 3 10 10 10 10 '10 _ b. Moderate Income _ c. Middle Income SUBTOTAL 10 _3 10 10 10 10 10 9.7 SUBTOTAL CATEGORIES 1-4 41 _39 39.5 40.5 41.5. 38 41 39.87 5. Bonus Points (5.3 pts) 2 • 0 0 0 1.25 0 2 .75 ZOkAL POINTS 1-5 43 39 39.5 40.5 41.5 38 43 40.62 1 Aspen Consolidated Sanitation (District 565 North Mill Street Aspen, Colorado 81611 • Tele. (303) 925-3601 z• Tele. (303) 925-2537 • • • • • SEP — 18 Schrnueser Gordon Meyer '1'7; lir3nd Ave. suite 219 • • Henwood Sorinds Cob , a 1•Fi01 . . -• RE: 7O ) E. Main St. (Cottonwood Pl3Ce?) • ..• rye3.r :E:irs: :-:orne time 3qo the superintendent for Vtn Wan Construction inquired to :E:esNer service and our requirements_ in t3lkind with him it bec3me :-•po3rent th3t the pleins for the sewer service hive chtinqed oonsider3bly since we inititlly reviewed this developement in the conceptudi st3oe. if ucur corning is still h3ndling this project, We would ilk to request :3 revised set of pl3ns to review before we can advise the project superintendent. - Sincerel , Thorn' :z; rollection Stysterns Superintendent Pl3nnino Office • • MEMORANDUM TO: Mayor and City Council THRU: Robert S. Anderson, Jr. , City Manager FROM: Cindy M. Houben, Senior Planner RE: Cottonwood Park a.k.a. 700 E. Main Street GMQS, PUD Amendment and Stream Margin Review DATE: June 12 , 1989 REQUEST: To amend the 1987 GMQS, PUD and Stream Margin Review approval for the 700 East Main project which has been renamed Cottonwood Park. APPLICANT: John Elmore/Lionel Yow. ZONING: R/MF. HISTORY: The 1987 GMQS and PUD/Subdivision proposal for 700 East Main Received 40. 62 points under the scoring system from the Planning Commission. The project included the following: Units: 18 (17 free market, 1 employee) Total Square Footage: 43 , 000 s. f. Open Space: 31, 396 s. f. , 45. 8%. Setbacks: Main Street-30 ' Spring Street-26 ' North side (rear) -17 ' River side-32 ' Height: 28 ' + 5 ' to peak of roof. Unit Mix: (1) 1 bedroom unit (employee) (9) 2 bedroom units (6) 3 bedroom units (2) 4 bedroom units The site plan for the 700 East Main project is attached. The 700 East Main project committed to many public benefits all of which the Cottonwood Park current project proposes to uphold. On May 30th the Planning Commission reviewed the amended proposal and recommended approval with conditions. The Planning Commission accepted the Planning Office rescoring of the project (40 points) . DESCRIPTION OF THE PROPOSAL: The Cottonwood project proposes to reconfigure the structures on the 60, 000+ square foot lot including the following: Units: 12 free market 3 employee 5 accessory Total Square Footage: 43, 000 s. f. Open Space: 38, 061 s. f. , 50%. Setbacks: Main Street-32 ' Spring Street-30 ' North side (rear) -32 ' River side-32 ' Height: 28 ' Unit Mix: (2) 1 bedroom units (employee) + 5 accessory studios' (1) 2 bedroom unit (employee) (7) 3 bedroom units (5) 4 bedroom units The proposed revised site plan is attached. For a comparison chart of the, two projects, see Table 1, Basic Project Parameters (attached) . REFERRAL COMMENTS: 1. Engineering Department: In a memo dated May 3, 1989, the Engineering Department made the following comments: 1. The calculations which will quantify the historic ground water recharge rate for the project will be required. 2 . The applicant needs to submit a plan to the Engineering Department which will follow the recommendations of a report on slope repair for erosion areas submitted by Chen & Associates on May 20; 1988 to the original applicants of this project. ' Specifically, we are interested in the plan for repair of the erosion scarp adjacent to the property on the southeast corner. The City agrees to provide and transport boulders which are referred to in the above report and which will be used in the repair of this erosion scarp. 2 l 3 . We recommend that the applicant grant a fisherman;s easement in the Roaring Fork River and for a width of 5 feet along the west bank of the river. 2. Housing Authority: The Housing Authority has verbally approved the proposal indicating that on site units are preferable. 3. Aspen Consolidated Sanitation District: In a memo dated 5/3/89, Bruce Matherly of the Aspen Consolidated Sanitation District notes the following: The Aspen Consolidated Sanitation District has sufficient line and treatment capacity to serve this project at this time. The applicants proposed site utilities and drainage plan shows that all roof and surface drainage will be directed to a catch basin that is not connected to the sanitary sewer, which is a requirement of the District regulations. The grease, oil and sand traps that are referred to on the utility sheet, will need to be reviewed by the District, for compliance with District regulations. If the applicant would like to have the on site collection system lines that are 8 ' in diameter maintained by the District, then these lines will have to be reviewed for compliance with District specifications. The construction of this project will necessitate the slip lining of=. a. downstream section of our collection system. The applicant has agreed to cover this expense. The applicant should also be reminded that all of the connection fees are due at the time of connection to the District' s collection system. A tap permit must be taken out with the District' s business office prior to connection. 4. Fire Marshall: In a memo dated 4/17/89, Wayne Vandemark notes the same sprinkler system is required by the units which are in excess of 150 ' from an access roadway. STAFF COMMENTS: The project must be reanalyzed to determine if it meets Sections 8-107 and 7-407 which allows amendments to GMQS and PUD projects. Additionally, the stream margin review criteria must be reevaluated. GMQS Amendment Section 8-107 lists the following 3 activities which are prohibited through the amendment process. Activities which have these characteristics must submit a new development application. 3 S Criteria 1: Any change which : is proposed to a Development Application prior ' to its receipt of a development order. A Development Application which has not yet received a development order shall only be amended for purposes of clarification or technical correction. Response: The application for 700 East Main has received approval for Final Plat by the City Council, however, the time limit for filing the Final Plat has been extended by Council until June 19, 1989 . Criteria 2: Any proposal which would change the use of the proposed development between residential, commercial or lodge. Response: The application remains a residential application. Criteria 3: Any proposal which the City Council determines to be inappropriate by finding that it renders the proposal a new application, and not an amendment, or by finding it to be inconsistent with any action taken during the original project review. Response: The amendment application is substantially consistent with the representations made by the original application relative to: a. area and bulk requirements; b. multi-family residential use; c. services commitments. The areas which are inconsistent which the original application are: 1. Total number of units-The project has decreased from 18 total units to 15 total units with 5 accessory units (as defined by Ordinance #47) . The number of free market units is 12 and the number of employee (deed restricted) units is 3 . An additional 5 accessory units, restricted to ; residency occupancy, are also included. There is now a 12 :8i free market/employee ratio of units. The Planning Office feels that this is a substantial improvement for the project. It' approaches the initial request by staff to include 5 employee (deed restricted) on site units. 2. Unit Mix/Bedrooms-The proposal originally contained 2 bedroom units. The amendment requests 3 and 4 bedroom units. The total number of free market bedrooms is 41 as opposed to the approval of 44 . However, the total bedroom count remains at 45 based on the addition of 3 employee bedrooms and the 1 employee bedroom committed to in the original proposal. 4 a 3. Square Feet-The total allowed. countable square footage of the original application was 43 , 000 square feet. The applicants commit to maintain that maximum. (The 5 proposed accessory units 350-400 square feet will be deducted from the free market unit space. ) The size of each free market unit is outlined on the attached Revised Open space calculations dated 5/9/89 . 4. Site Coverage- 22 , 525 s. f. of total site coverage is proposed. 5. Parking-The applicants have committed to exceeding the number of parking spaces which were originally approved. The original application had 41 underground spaces and 4 surface spaces, whereas the amended plan has 50 underground spaces. The additional 5 spaces are not required for the 5 accessory units, however, the applicant has chosen to provide spaces for these units. 6. Employee Housing-The applicants are proposing 2 on-site 1 bedroom units and one 2 bedroom unit and a reduction in the cash- in-lieu payment from $685, 000 to $440, 000. At the time this amendment was taken to the Planning Commission the fee had been miscalculated as $515, 000. The total number of units to be housed by the original proposal and the amendment remains at 50% of the project. However, the applicant now proposes to house 7 on-site employees vs. 1 3/4 employees on-site. The employee commitment is based on the number of residents of the project. This number has changed relative to the modified unit mix on- site. The number of residents is 22 and the employee commitment is based on $20, 000 which is what the low income guidelines required at the time the original application was approved. The Planning Office feels that the amendment request should be based on current employee guidelines. Therefore, we recommend that the cash-in-lieu payment be based on. the guidelines in place at the time a building permit is requested. 7. Design-The architectural design of the buildings and the site plan have been substantially revised (see attached site plans and elevations) . Drawings comparing the two site plans and elevations will be brought to the meeting. Site Plan-The site plan has :been revised twice. The second revision is dated 5/9/89 (attached) and reflects the proposed accessory units to be placed in free market units number 6., 7, 9, 10 and 11. The other employee units are located on the north west portion of the site above the entrance to the garage. The text and the site plan are inconsistent. The site plan notes that 4 employee bedrooms will be supplied in a configuration of 1 (2) bedroom unit and 2 (1) bedroom units. . The text reflects that 4 (1) bedroom units will be provided on site. The applicant has verbally stated that the desire is to have 2 (1) bedroom 5 a 4 units and 1 (2) bedroom units. The commitment to the City Council was to add 3 additional units. The proposed site plan arranges the units into 4 buildings on the site. The front building along Main Street sits back 32 feet from the property line and is apparently 125 feet in length. As a comparison, the Original Curve Condominiums have approximately 90 ' of frontage on Main Street and the original application had 140 ' office buildings along Main Street. The proposed height of the project. remains at 28 ' (33 ' to the peak of the roof) . The proposed amendment will increase the visibility of the project as one approaches from the east around Original curve, since units 5 and 6 will be of maximum allowable height whereas the original approval had a lower recreational building which was only partially visible from the public right-of-way. The new proposal places more units along the riverfront. The two buildings along the river contain 5 free market units and 3 accessory units . The buildings are approximately 60 ' and 80 ' in length as seen from the river. The building to the rear of the site, containing 3 free market units and two accessory units is approximately the same dimensions as the front building along Main Street. The free market units are now larger in size, however. The amended landscaping plan continues to include the public sitting areas (one along the river and an expanded area at the corner of Spring Street' and Main Street. ) Additional vegetation is proposed to screen the corner of the parcel as seen_ from the eastern approach around Original Curve. Architectural Design-The buildings have changed significantly with regard to design. The proposal still contains 3 story units which will be seen as 2 to 2 1/2 story units from the Main Street elevation. The materials proposed to be used are stone (the same as the Courthouse base) , brick and lateral wood siding. The building is proposed to be accented with wrought iron railings and ornamental columns. The new design contains many more smaller features. ' There are more windows and a greater number of pitched roofs than proposed originally. Comparison drawings are attached. In summary, the Planning Office feels that the increase in employee housing is preferable to the existing approval. The changes in the architecture of the project are subjective and we recommended that the HPC review the design changes to give guidance to the applicant. On May 28 the Historic Preservation Committee reviewed the proposal and gave the following comments: 6 S • 1. Due to the site's prominent location as an entrance to Main Street, only one block east of the west boundary of the Main Street Historic District, referral comments were sought from staff and the HPC. We were pleased for the opportunity to comment. 2 . Upon staff' s initial review of the project (elevations, renderings, model) with Architect Stan Mathis, we found the general massing, scale, and height appropriate for the site in its relationship to the Main Street Historic District. We did, however, find certain design elements to be inappropriate, and recommended revisions, which the Architect made. The revised or eliminated elements were multiple curved wrought iron balconies and numerous small multi-pane "Queen Anne"- type windows. 2 . The major building materials were chosen based upon other significant structures along Main: The Sardy House, the Hotel Jerome and the Pitkin County Courthouse. The Committee found the materials of brick, rusticated sandstone, wood shingles, and wrought iron fencing to be appropriate. 4 . Staff and the HPC generally felt the project appropriate for the site and compatible with the neighboring Main Street Historic District. They felt the contemporary row-house look with Victorian-inspired elements was "pleasing" , and were particularly supportive of the porch-element design. Additionally, the Planning Office feels that the site plan changes will alter the focus of the project making the units relate more to the river. Overall, however, the Planning Office does not feel the project is significantly modified relative to dimensional, PUD or GMQS requirements. PUD Section 7-907B directs the review of the amendment to be consistent with the approved final development plan (see Ordinance #7, Series of 1989) . Ordinance # 7 also revises the amendment criteria with the following language: During the review of the proposed amendment, the Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community conditions. This shall include, but not be limited to, applying to the portions of the development which have not obtained building permits or are proposed to be 7 S amended any new community policies or regulations which have been implemented since the original approval, or taking into consideration changing community circumstances as they affect the project's original representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process. The amended application has responded to the more recently verbalized community need for employee housing. There is little change, however, in the proposal with regard to the amount of massing and bulk to be placed on the site. The proposal is not affected by Ordinance #47 or by the recent demolition moratorium imposed by City Council. In general, the amendment has responded positively to community needs. The application commits to the level of services provided by the original application. Much of the PUD criteria has already been covered under the GMQS discussion above. The remaining details involve any revisions to the building schedule (Section 7-903 .C. 2 . (a) (5) and the PUD agreement (Section 7-904) . Both these items must be finalized prior to any final amendment approvals. GMOS Scoring Below is a summary of the original P&Z score for the project, dated January 19, 1988 compared to the amended P&Z score given at their.. May 30: meeting. The City Council is not required to rescore the proposal. Original Amended 1. Public Facilities & Services 11. 17 11. 2 2 . Quality of Design 13 . 0 13 . 0 3 . Proximity to Support Services 6. 0 6. 0 4 . Employee Housing 9.7 10. 0 5. Bonus Points 0. 75 0 Total 40. 62 40. 0 As can be seen, the amended project equals or exceeds the original score given, therefore, it is eligible for amendment, pursuant to Sec. 8-107E of the Aspen Land Use Regulations. 8 411 411 SUMMARY: The amendment proposal significantly changes the site plan and the architectural design of the project. The dimensional aspects of the project have not significantly changed. The proposal now places more units along the riverfront placing a greater massing towards Herron Park. The original proposal placed approximately 80 ' of building mass in this area. There are fewer units in the project containing the same overall number of bedrooms. The applicants have responded to the need for on site employee housing to a greater extent than the previous proposal. The architectural design is a subjective issue which the City Council must review. The Planning Office feels that the applicants have attempted to minimize the stonework used along Main Street, however, the mass of the project (and previously approved project) is substantial. The project mass will compete with prominent public buildings such as the Courthouse and the Catholic church. (See HPC comments. ) PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the proposed GMQS and PUD amendments and granted Stream Margin approval to the 700 East Main (Cottonwood Park) project with the following conditions: 1. Prior to review by the City Council, the applicants shall submit the following: a. new grading and drainage plan; b. new elevations representing the project as now proposed; c. a new landscape plan; d. revised PUD agreements. All of these documents shall be part of the documents to be filed with the final plat documents. 2 . The calculations which will quantify the historic ground water recharge rate for the project shall be submitted prior to review by City Council. 3 . The applicant shall submit a plan to the Engineering Department which will follow the recommendations of a report on slope repair for erosion areas submitted by Chen & Associates on May 20, 1988 to the original applicants of this project. Specifically, the Engineering Department is interested in the plan for repair of the erosion scarp adjacent to the property on the southeast corner. The City agrees to provide and transport boulders which are referred to in the above 9 41. . f report and which will be used in the repair of this erosion scarp. 4 . The applicant shall grant a fisherman's easement in the Roaring Fork River and for a width of 5 feet along the west bank of the river. ' The applicants have addressed most of the above conditions to the satisfaction of the Planning Office. We have not reviewed a drainage and grading plan however. In addition, the City Attorney has not had an opportunity to review the final subdivision and PUD agreement documents (attached) . CITY COUNCIL MOTION: "Move to approve the GMQS, PUD and Stream Margin Review amendments to the 700 East Main (Cottonwood Park) proposals with the following conditions: 1. The City Attorney shall review and approve the final plat documents prior to signature of the final plat by the City Council. 2 . The Subdivision Improvements Agreement shall reflect the following: The applicant shall submit a plan to the Engineering Department which will follow the recommendations of a report on slope repair for erosion areas submitted by Chen & Associates on May 20, 1988 to the original applicants of this project. Specifically, the Engineering Department is interested in the plan for repair of the erosion scarp adjacent to the property on the southeast corner. The City agrees to provide and transport boulders which are referred to in the above report and which will be used in the repair of this erosion scarp. 3 . The Planning Office and the Engineering Department shall approve a grading and drainage plan prior to signature of the final plat by the City Council. 4 . The employee housing cash-in-lieu commitment shall be based on the low income guidelines at the time of issuance of a building permit. The Subdivision/PUD Agreement shall reflect this agreement. " CITY MANAGER'S COMMENTS: J ccmemo.cottonwood 10 I% ,' • GARFIELD & HECHT, P.C. k PRELIMINARY AFT Dated J- P.U.D.P.U.D. AND SUBDIVISION AGREEMENT FOR CO e, �gKEMS4�SCSSION R j \A[ " (7 00 EAST MAIN STREET) NOT FOR SIGNATURE THIS AGREEMENT is made this day of 1989, between JOHN A. ELMORE II and LIONEL YOW (the "Owners") , and THE CITY OF ASPEN, a municipal corporation (the "City") . RECITALS WHEREAS, Owners own that certain real property located in the City of Aspen, County of Pitkin legally described as: A parcel of land situated in the SE; SW', of Section 7 , Township 10 South, Range 84 West of the Sixth Principal Meridian, East Aspen Additional Townsite, Pitkin County, Colorado, more fully described as follows. Beginning at the N.W. Corner of Block 21, East Aspen Additional Townsite; Thence S 75°09'11" E 150. 00 feet along the North line of said Block 21; Thence departing said line S 59°18 '00" E 56. 37 feet; Thence S 50° 14 '11" E 118 . 32 feet; Thence S 52 °57 '39" W 47 . 02 feet; Thence S 49 °58'47" W 21.71 feet to a point on the East line of said Block 21; Thence S 14 °50'49" W 100. 00 feet along this East line of said Block 21 to the Southeast corner of said Block 21; Thence N 75°09' 11" W 2 . 31 feet along the South line of said Block 21; Thence 62 .88 feet along a curve to the right having a radius of 868 .51 feet (the chord of which bears S 10° 18 '25" E 62 .87 feet) ; Thence 145. 72 feet along a curve to the left having a radius of 176. 18 feet (the chord of which bears N 51°27'27" W 141. 60 feet) ; Thence N 75°09 '11" W 164 . 75 feet along the South line of said Block 21 to the Southwest corner of said Block 21; Thence N 14 °50.'49" E 220. 00 feet along the West line of said Block 21 to the point of beginning. \I. and; WHEREAS, Owners' predecessors in title, Dorothy M. Mikkelsen, /v Ardith Louise Ware, Alice Gallegos Mikkelsen and Albert W. Bevan, Jr. entered into a P.U.D and Subdivision Agreement for 700 East Main Street with the City dated December 19, 1988, for the development of a residential project (the "Original Project") ; and WHEREAS, the Owners received a recommendation for approval of an amendment to the Original Project's Growth Management Quota System allocation, Planned Unit Development and Subdivision approvals from the Aspen Planning and Zoning Commission on May 30, 1989: and is scheduled to have such amendment reviewed by the Aspen City Council on June 12, 1989 (hereinafter such amendment to the Original Project shall be referred to as the "Project") ; and WHEREAS, the City and the Owners wish to enter into a new P.U. D. and Subdivision Agreement for the Project which will supercede the Agreement for the. Original Project; and WHEREAS, the Owners have submitted to the City for approval, execution and recordation a plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat on the agreement of the Owners to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen (the "Code") and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code, the City is entitled to assurances that the matters set forth herein will be faithfully performed by the Owners and the Owners' successors and assigns; and WHEREAS, the Owners are willing to enter into such agreement with the City and to provide assurances to the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: AGREEMENT 1. Description of Project. The Project consists of 12 free-market residential living units consisting of nine three- bedroom units (Units 1-9) and three four-bedroom units (Units 10- 12) . In addition, the Project will consist of three employee dwelling units deed restricted to Housing Authority guidelines and 5 accessory caretaker units attached to Units 6, 7 , 9, 10 and 11. Further, underground parking will be constructed for 50 cars. 2 . Acceptance of Plat. Upon execution of this amended agreement by all parties hereto, the City agrees to approve and execute the final plat for the Project submitted herewith and reduced-size copies of which are attached hereto as Exhibit which conforms to the requirements of Section 7-1004 of the Code. The City agrees to accept such plat for recording in the office of the Pitkin County Clerk and Recorder, upon payment of the recordation fee and cost to the City by Owner. 3 . Construction schedule and Phasing. The City and the Owners mutually acknowledge that exact construction schedules cannot be determined at this time. However, it is anticipated that construction of the Project will begin no later than three years from the vesting of the Owners' property rights in the Project. The anticipated construction schedule is as follows: S • a. Units 3 ,4 ,5 and 6, and the accessory unit to Unit 6, and the subgrade parking garage are expected to be under construction on or before June 1, 1990, and completed by June 1, 1993 . b. Units 1, 2 , 7, 8, and 9 and the accessory units to Units 7 and 9 will be under construction on or before June 1, 1991 and completed by June 1, 1993 . c. Units 10 - 12, the employee housing units and g the accessory units to Units 10 and 11 will be under construction on or before September 1, 1991 and will be completed by June 1, 1991. d. The swimming pool is expected to be under construction on or before June 1, 1990, and completed by June 1, 1993, and the common courtyard areas will be completed in accordance with the completion of construction of the adjacent Units. e. The public improvements identified in paragraph 4 of this Agreement are expected to be under construction on or before June 1, 1990, and completed by June 1, 1991, and each element thereof shall be installed as soon as possible consistent with adjacent Project construction. All such public improvements shall be completed by Owners and accepted by the City prior to issuance of any certificates of occupancy for the Project or within three years of the date hereof, whichever first occurs. 4 . Landscaping Improvements. In accordance with the Code, the landscaping improvements shall be installed as represented and shown on the plan attached hereto as Exhibit B, which plan shows the extent and location as well as the type of plants to be installed, and all landscape features, flower and shrub definition, proposed treatment of all ground surfaces (e.g. , paving, sod, gravel, etc. ) and the other elements of the landscape plan. The landscaping shall be installed as soon as possible, no later than the first planting season following the completion of the construction adjacent to the area of planting. The Owners shall promptly replace any plants which have not survived for a period of two growing seasons following the final certificate of occupancy for the Project. 5. Public Improvements. a. Sidewalks and public seating. The Owners will construct sidewalks in accordance with applicable City of Aspen Engineering Department standards in conjunction with their construction of the Project. These sidewalks located along the east side of Spring Street between Main and the Creektree Driveway and along the north side of Main Street from Spring Street to Neal Street and along the south side of Neal Street to the Roaring Fork River bridge will include a two-foot grass area between the curb S and sidewalk as represented and shown on the plans and specifications attached hereto as Exhibit The curb along the sidewalk on the north side of Main Street shall be nine inches high. The Owners will install at least two benches for public seating at the corner of Spring Street and Main Street; and one bench and decorative rock formations on which it is possible to sit at the river overlook along the north side of Main Street overlooking Herron Park, as shown on the landscape plan. Owners shall obtain any required permits from the Colorado Highway Department for construction of the sidewalks along Main Street prior to obtaining building permits on the Project. b. Water lines. The Owners will provide an interconnect for the Project by extending the dead-end water line with two isolation valves as shown on the final plat. c. Sewer lines. A plastic pipe slip line will be installed on the last segment of the Rio Grande collection system for a distance of 300 feet to the trunk line, in order to service the Project. d. Fire hydrants. The fire hydrant which currently is located at the southwest corner of the Project will be upgraded by either replacing the hydrant with one which has an additional nozzle or, if so requested by the City of Aspen Fire Marshall, by upgrading the existing hydrant with an alternative similar system. In addition, the Owners will install a new fire hydrant at the southeast corner of the Project and will sprinkler all of the Units for fire protection safety. e. River bank stabilization. No vegetation will be removed nor any slope regraded such that the Roaring Fork River will be adversely affected. All disturbed slopes will be stabilized during construction and appropriate measures taken to prevent erosion. Lincoln DeVore Testing Laboratory has prepared a report, attached hereto as Exhibit , which makes certain additional erosion-control recommendations and specifications which, when implemented will prevent further undercutting of the bank along the east side of the Project by the Roaring Fork River. Currently, the River is undercutting its banks along the southeast edge of the Project, on City property, and on the northeasterly edge of the Project property. The Lincoln DeVore report requires that boulders of a certain size and specification must be used to prevent further erosion. The City shall provide and deliver boulders meeting the specifications of the Lincoln DeVore report in order to take steps recommended in the report to stabilize the undercut eroded area located on the City property and shall provide and deliver any additional boulders available to the City to the undercut erosion area on the Project property. The Owners shall provide any additional materials and required' labor and shall install the riprap as recommended in the Lincoln DeVore report in both the undercut areas on the City property and on the Project property. 410 II/ In the event any further permits from governmental entities other than the City are required for such installation, the party on whose property the installation :is. to be located shall obtain such permits. 6. Security for public improvements and landscaping. In order to secure the performance of the construction and installation of the landscaping and public improvements described above, the Owners shall provide a bond, letter of credit, cash or other guarantees in a form satisfactory to the City Attorney in the sum of $183 , 233 .25. Said guarantee will be delivered to the City prior to the issuance to the Owners of a building permit for the Project. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owners in their obligations specified herein, to withdraw funds against such security sufficient to complete and pay for installation of such public improvements or Project landscaping. As portions of the improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, he shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten-percent of the estimated cost of the improvements shall be withheld for the benefit of the City until the completion of all of the described public improvements, and the retainage for the landscaping shall be withheld until two growing seasons following the certificate of occupancy for the Project. The Owners shall require all contractors to provide a warranty that all improvements were constructed to accepted standards of good workmanship for the benefit of the City for the installation of the public improvements described herein for one year from the date of acceptance. In the event that any existing . municipal improvements are damaged during Project construction, on request by the City Engineer, a bond or other suitable security for the repair of those municipal improvement shall be provided by wners to the City. Prior to construction of any, improvements of the Project, the Owners will secure a new estimate of the cost of installation of the public improvements and Project landscaping. If the new estimate, as approved by the City Engineer, exceeds the amount set forth in the first sentence of this paragraph, the security will be increased in such amount. If, however, the new estimate is lower, the security will be decreased by the amount necessary to match the current estimate. 7 . Utility Easement and electrical transformers. A utility easement, in the location as shown on the Plat, is dedicated by the Owners for the benefit of the City and public utility companies. In addition, the Owners will relocate the existing utility transformers on the west part of the Project near the vacated alley to an appropriate location north of the existing transformer site. 8. Drainage. The storm sewer system and dry well for site drainage, water retention and other site drainage features will be installed in accordance with the representations, drawings, plans and reports attached hereto as Exhibit 9 . Parking. Owners shall construct 50 subsurface parking spaces (five of which will be for use by compact cars) . The parking spaces shall be constructed prior to a certificate of occupancy of the Units. 10. Employee housing requirements. Owners shall construct housing for 5.75 employees on site in two one-bedroom employee units and one two-bedroom unit, all of which will be deed- restricted to the Pitkin County Housing Authority's low-income guidelines, provided that the Owners shall have the right to designate the occupant of such unit and give occupancy priority to employees of the Project, and any occupant who is an employee shall not be required to meet income or asset limitations of the low-income guidelines. The units are initially intended to be rental units, but the Owners reserve the right to sell the units in accordance with the sales guidelines established by the Housing Authority. In addition, the Owners will provide a payment-in-lieu for 22 employees at the low income payment levels, for a total of $515, 000. 00, to be paid prior to issuance of building permits for the Project. The deed restrictions for the employee units are attached hereto as Exhibit The three previously existing units on the Project may be reconstructed and are exempt from growth management, employee housing and park dedication fees. Those previously existing units are the Ware residence on Spring Street, the Bevan residence at 120 North Spring Street and the former Mikkelsen residence at 700 East Main Street ( demolition permit number 9758) . The employee units are also exempt from Growth Management Plan requirements and. the fee dedications. 11. Park dedication. The City agrees to accept park development impact fees (Section 5-603) for the Project in lieu of land dedications for parks. The employee units and the three previously existing units are exempt from requirements for a park development fee (Section 5-606) . The previously existing units consisted of two three-bedroom and one one-bedroom units. The resulting park development fees owed by the Project are as follows: a. Nine three-bedroom units at $3 , 120. 00 each, for $28, 080. 00; b. Three four-bedroom unit at $3 , 120. 00 each, for $9360. 00. Thus, the total park development impact fee for the Project is $37, 440. 00. This fee shall be paid prior to the issuance of building permits for the Project. 12 . Condominiumization. The City has approved the condominiumization of the Project, and the City agrees to accept, execute and approve for recordation a condominium plat prepared in • • accordance with the Code. As the Owners have provided affordable housing pursuant to Sec. 8-106 (E) (5) of the Code, the Project is exempt from paying- the Affordable Housing Impact fee. The Owners' shall record a condominium declaration and shall create a corporate non-profit homeowners' association and articles of incorporation and by-laws. The association shall be responsible for the perpetual maintenance of'the.Project common elements and open space in good repair and in a clean and attractive condition. Membership in the homeowners' association shall inure to a Unit owner on the transfer of title. The association board of directors shall consist of at least three unit owners in the Project. Owners agree to join any improvement district formed for the area in which the Project is located. 13 . No fireplaces. The Project shall not contain any wood-burning stoves, fireplaces or similar devices. 14 . Maximum floor area. The Project shall consist of no more than 43 , 000 square feet. 15. Fisherman Easement. The Owners shall grant a fisherman's easement along the west bank of the Roaring Fork River and the easement shall be five feet in width and will be shown on the Plat for the Project. 16. Material Representations. All material representations made by the Owners on the record to the City in accordance with the amendment of the Cottonwood Park Subdivision and P.U.D. approval shall be binding on the Owners. 17 . Enforcement. In the event the City maintains that the Owners are not in substantial compliance with the terms of this Agreement or the final Plat, the City Council may serve a notice of noncompliance and request that the deficiency be corrected within a period of 45 days. In the event the Owners believe that they are in compliance or that the noncompliance is insubstantial , the Owners may request a hearing before the City Council to determine whether the alleged noncompliance exists or whether any amendment, variance or extension of time to comply should be granted. On request, the City shall conduct a hearing according to its normal procedures and take such action as it then deems appropriate. 18. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owners: John Elmore P.O. Box 381 Wrightsville Beach, N.C. 28480 Lionel Yow Yow, Yow, Culbreth, Fox & Pennington 102 North Fifth Avenue P.O. Box 479. Wilmington, N.C. 28402 To the City of Aspen: City Manager 130 South Galena Street Aspen, Colorado 81611 with a copy to: City Attorney 130 South Galena Street Aspen, Colorado 81611 19 . Binding Effect. The provisions of this Agreement. shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owners' and the City's successors, personal representatives and assigns. 20. Amendment. This agreement may be altered or amended only by written instrument executed by the parties. 21. Severability. If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. Attest: THE CITY OF ASPEN, a municipal corporation KATHRYN S. KOCH WILLIAM L. STIRLING, Mayor City Clerk Approved as to form: City Attorney JOHN A. ELMORE II LIONEL YOW r • STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Acknowledged before me , 198 by WILLIAM L. STIRLING, Mayor, and KATHRYN S. KOCH, City Clerk. My Commission expires: Witness my hand and official seal . Notary Public Acknowledged before me , 198 by JOHN A. ELMORE II : My Commission expires: Witness my hand and official seal . Notary Public Acknowledged before me , 198 by LIONEL YOW. My Commission expires: Witness my hand and official seal. Notary Public c: \jeh\lu\elmore.pud . III III the approved project are compared to those of the proposed amendment in Table 1 below. Table 1 BASIC PROJECT PARAMETERS 700 East Main Parameter Approved Amended 1 . Total Project Units 18 16 Free Market 17 12 Employee 1 4 2 . Unit Mix Free Market 2 Bedroom 9 -- 3 Bedroom 6 7 4 Bedroom 2 5 Employee 1 Bedroom 1 4 3 . Total Project Bedrooms 45 45 Free Market 44 41 Employee 1 4 4 . Maximum Allowable F}oor 43 ,000 43,000 Area (Sq. Ft. ) 5 . Total Building Area (Sq. Ft. ) 82,9992 83,950 Area Assignable to FR 41,329 42,500 Area Exempt from FAR 41,670 41,450 6 . Total Site Coverage (Sq. Ft. ) ‘ //05L/ Building Footprints 19,600 -2-37660 Circulation 9,020 5,500 Open Space 31,396 31,460- 7 . Building Setbacks (Ft. ) Spring Street (from curb) 26 30 Main Street (from curb) 30 32 5 r► North Side ( from property 17 17 line) River (from edge) 32 32 8. Minimum Required Parking 45 45 @ 1 Space/Bedroom Free Market Units 44 41 Employee Units 1 4 9 . Total Parking Provided 45 50 Surface 4 -- Subgrade 41 50 10. Employee Housing Total Employees Housed 1.75 7 Cash-in-Lieu Payment $685, 000 $515,000 1 From executed December 1988 PUD/Subdivision 19, 19 / , Agreement. 2 From Preliminary PUD/Subdivision Application dated March, 1988, page 14. 3 Includes parking garage and subgrade portions of residential units. 4 Established by special review. Assumed requirement is one ( 1) space/bedroom. As Table 1 indicates, the amended project' s basic parameters deviate to varying degrees from those of the existing approval. The most significant deviations occur with respect to the project' s unit count, floor area, parking and employee housing. These parameters and all other deviations from the existing approval are dis- cussed in detail below. 6 which are located sub-grade. The fifty spaces not only meet the approved project' s one space per bedroom commit- ment, but result in the provision of five ( 5) additional parking spaces for residents/guest use. 7. Employee Housing. Fifty ( 50) percent of the total project residents were to be housed by the approved project. One and three-quarters ( 1-3/4) employ- ees were to be housed on-site in a one ( 1) bedroom employ- ee housing unit. The remainder of the fifty percent . commitment was to be met by the payment of a cash-in-lieu fee of approximately $685,000.00. As Table 1 indicates, the Applicant' s amended project will house seven (7) employees on-site in four ( 4) one ( 1) bedroom units, an increase of five and one-quarter ( 5-1/4 ) employees or approximately three hundred ( 300) percent. A revised cash-in-lieu payment of $515,000.00 will be paid by the Applicant in order to maintain the original fifty percent employee housing commitment. The Applicant' s revised employee housing calculations are provided in Table , 2 below. Table 2 EMPLOYEE HOUSING CALCULATIONS 700 East Main 1. Total Free Market Population 41 7 - 3 Bedroom Units @ 3 Residents/Unit 21 9 • i 5 4 Bedroom Units @ 4 Residents/Unit 20 2. Credit for Replacement Units' 8. 25 2 - 3 Bedroom Units @ 3 Residents/Unit 6 1 -- 2 Bedroom Unit @ 2. 25 Residents/Unit 2. 25 3. Net Free Market Population 32.75 4 . Employee Housing Requirement @ 50 Percent 32 .75 of Total Project Population 5. Revised Employee Housing Proposal 4 - 1 Bedroom On-Site Units @ 1.75 7 Employees/Unit Cash-in-Lieu Payment for 25.75 $515,000.00 Employees @ $20,000/Employee` 1 From original GMP application. 2 Cash payment per employee based on approved PUD/Sub- division agreement. In addition to the changes in the above parame- ters, the amended project differs from the approved proj- ' ect. _with respect to such design features as the amount building frontage on Main Street and the River,.. the inte- -- _ -riot —distance between buildings_ and landscaping. These differences are discussed below. The design concept of the amended project is to provide a residential neighborhood reminiscent of past years when there were broad lawn areas and quiet pedestri- an streets. A neighborhood where children and adults • 10 r . 0 0 • . ... . . . . . , i• k, • , . , • 1-. li ,,L_.11I I __ Nig giiii IT •. . , rz 1 ••-, Ili r" 7-mik . :. . _. f ,....,. •, . -• _....,--.71 ...tr . ......... /4. t. . 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' /..... _ _ _, / , _ i_elii:‘-.770,—.-.- _,_:._ __ ____ __ 2 3 7-11---- 2 - a _ . . ,g...!__W-4-- e,, .; . :_ i __./°A,1'-„ -. ..,_ , , __ 5_p 4t)� Suite 1916 .5iu1is, `1i:lephune lax.r ' •. ' IDS Center 55102 612-332-256 612-31 18 t S V s•t • FINE �@ ` \. LO+-�w�. k (N..,1 June 8, 1989 >.i Honorable Mayor and City Council Members City of Aspen City Hall ' "M Aspen, Colorado 81611 Re: GMQS Procedure Issues Dear Mayor and Council Members: Pursuant to Article II of the Aspen Municipal Code, this letter f'' is a request for an interpretation of Code provisions. Several important questions have arisen with respect to the Growth 'M Management Quota System relating to the 700 East Main project. Specifically, these questions relate to Section 8-107 of the GMQS .?: pertaining to amendments to Development Orders. As all of the w= interested parties are now focusing on the Growth Management t'd' allocations, the following questions have arisen: „• 1. Can a party seek review and approval of a new plan and proposal by means of a Section 8-107 Amendment to a prior development order granted on different plans? (a) When a new and original development plan is presented for its first review by means of a Section 8-107 Amendment, would the prohibitions of Section 8-107 (B) (3) apply to "render the proposal a new appplication, and not an amendment. . . "? (b) Would the submission of new architectural plans, =; drawings and specifications which are not "substantially similar" to those of the original development order be beyond the `x definition of an "Amendment” under Section 8-107 ("an amendment is any request to change an element of the development order. . . )? �'r! (c) Does permitting the initial review of a new development plan as an amendement under Section 8-107 have the effect of avoiding the competition mandated by the GMQS? 1,!t Mayor anc Cit Council . . Cit of Aspen . . June 8, 1989 _2_ . . � . . � 2, Can a party, other than the orginal applicant (or successor to the applicant) , seek to amend a prior development order granted to the original applicant without competing as a new applicant? We believe that these questions are of fundamental im ortance to - t the integrity of the GMQS system an must be addressed wit respect to any request for an amendment to a development plan. It is also our position that any amended plan for the 700 East Main Project that did not infringe the copyrights of Fine Associates and it architects, would by definition require a "new application" and could not be construed to be an "amendment". Resp tfully submitted, . . . . 1. Robert T. Kuepper . ,r R K:rd . � 2 � . . . ' \ \ 4 \ � . . . . . : . . . . . . � . . . . . q « ^ . H o /, g 7 ® ' ARFIELD & HECHT, RC. �1' PRELIMINARY AFT gg X6,4 "U f� P.U.D. AND SUBDIVISION. AGREEMENT FOR CO�gt�'e A JCUSSION �o (700 EAST MAIN STREET) NOT FOR SIGNATURE THIS AGREEMENT is made this day of , 1989, between JOHN A. ELMORE II and LIONEL YOW (the "Owners") , and THE CITY OF ASPEN, a municipal corporation (the "City") . RECITALS WHEREAS, Owners own that certain real property located in the City of Aspen, County of Pitkin legally described as: a.: ''- A parcel of land situated in the SE; SW; of Section 7, -'• Township 10 South, Range 84 West of the Sixth Principal 14`, Meridian, East Aspen Additional Townsite, Pitkin County, Colorado, more fully described as follows. Beginning at ^kz the N.W. Corner of Block 21, East Aspen Additional Townsite; Thence S 75°09'11" E 150. 00 feet along the North line of said Block 21; Thence departing said line S 59°18'00" E 56. 37 feet; Thence S 50° 14 '11" E 118 . 32 .,:..i.. feet; Thence S 52°57'39" W 47. 02 feet; Thence S 49 °58'47" W 21.71 feet to a point on the East line of said Block ; : 21; Thence S 14 °50'49" W 100. 00 feet along this East line " of said Block 21 to the Southeast corner of said Block a, 21; Thence N 75°09'11" W 2 . 31 feet along the South line s.:'._ of said Block 21; Thence 62 .88 feet along a curve to the fir. right having a radius of 868. 51 feet (the chord of which 4: bears S 10°18 '25" E 62.87 feet) ; Thence 145. 72 feet along -' a curve to the left having a radius of 176. 18 feet (the *'' chord of which bears N 51°27'27" W 141. 60 feet) ; Thence ' N 75°09' 11" W 164 .75 feet along the South line of said F Block 21 to the Southwest corner of said Block 21; Thence , .,. N 14 °50'49" E 220.00 feet along the West line of said ' '" Block 21 to the point of beginning. }' and; WHEREAS, Owners' predecessors in title, Dorothy M. Mikkelsen, ., Ardith Louise Ware, Alice Gallegos Mikkelsen and Albert W. Bevan, Jr. entered into a P.U.D and Subdivision Agreement for 700 East F Main Street with the City dated December 19, 1988 , for the ";: development of a residential p ro j ect (the "Original Pro j ect") ; and erg.. °'' WHEREAS, the Owners received a recommendation for approval of ", an amendment to the Original Project's Growth Management Quota s;. System allocation, Planned Unit Development and Subdivision ;_ approvals from the Aspen Planning and Zoning Commission on May 30, -4'. 1989 and is scheduled to have such amendment reviewed by the Aspen ; City Council on June 12 , 1989 (hereinafter such amendment to the if. Original Project shall be referred to as the "Project") ; and r _ U: 4 MEMORANDUM To: Cindy Houben, Senior Planner From: Roxanne Eflin, Historic Preservation Planner Re: Cottonwood Park Development Date: June 2 , 1989 In response to your request for referral comments from the Aspen Historic Preservation Committee on the proposed design elements of the new Cottonwood Park Development, the following comments are made: 1. Due to the site's prominent location as an entrance to Main Street, only one block east of the west boundary of the Main Street Historic District, referral comments were sought from staff and the HPC. We were pleased for the opportunity to comment. 2 . Upon staff's initial review of the project (elevations, renderings, model) with Architect Stan Mathis, we found the general massing, scale, and height appropriate for the site in its relationship to the Main Street Historic District. We did, however, find certain design elements to be inappropriate, and recommended revisions, which the Architect made. The , revised or eliminated elements were multiple curved wrought iron balconies and numerous small multi-pane "Queen Anne"- type windows. 2 . The major building materials were chosen, based upon other significant structures along Main: The Sardy House, the Hotel Jerome and the Pitkin County Courthouse. The Committee found the materials of brick, rusticated sandstone, wood shingles, and wrought iron fencing to be appropriate. 4 . Staff and the HPC generally felt the project appropriate for the site and compatible with the neighboring Main Street Historic District. They felt the contemporary row-house look with Victorian-inspired elements was "pleasing" , and were particularly supportive of the porch-element design. 1 • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy M. Houben, Senior Planner RE: Cottonwood Park a.k.a. 700 E. Main Street GMQS, PUD Amendment and Stream Margin Review DATE: May 16, 1989 REQUEST: To amend the 1987 GMQS, PUD and Stream Margin Review approval for the 700 East Main project which has been renamed Cottonwood Park. APPLICANT: John Elmore/Lionel Yow. ZONING: R/MF. HISTORY: The 1987 GMQS and PUD/Subdivision proposal for 700 East Main Received 40. 62 points under the scoring system from the Planning Commission. The project included the following: Units: 18 (17 free market, 1 employee) Total Square Footage: 43, 000 s. f. Open Space: 31, 396 s. f. 4 5. b 610 Setbacks: Main Street-30 ' Spring Street-26 ' North side (rear) -17 ' River side-32 ' Height: 28 ' + 5 ' to peak of roof. Unit Mix: (1) 1 bedroom unit (employee) (9) 2 bedroom units (6) 3 bedroom units (2) 4 bedroom units The site plan for the 700 East Main project is attached. The 700 East Main project committed to many public benefits all of which the Cottonwood Park current project proposes to uphold. DESCRIPTION OF THE PROPOSAL: The Cottonwood project proposes to reconfigure the structures on the 60, 000+ square foot lot including the following: Units: 12 free market • • 3employee zig accessory Total Square Footage: 43, 000�s.,f. Open Space: 3 , O 1*0 ! = 91p Setbacks: Main Street-32 ' Spring Street-30 ' North side (rear) -32 ' River side-32 ' Height: 28 ' 4 5tdtpe jaf r-oiot,.-ti, Unit Mix: (2) 1 bedroom units (employee) + 5 accessory studios' ? (1) 2 bedroom unit (employee) (7) 3 bedroom units (5) 4 bedroom units The proposed revised site plan is attached. For a comparison chart of the two projects, see Table 1, Basic Project Parameters (attached) . REFERRAL COMMENTS: 1. Engineering Department: In a memo dated Mary 3, 1989, the Engineering Department made the following comments: 1. The calculations which will quantify the historic ground water recharge rate for the project will be required. 2 . The applicant needs to submit a plan to the Engineering Department which will follow the recommendations of a report on slope repair for erosion areas submitted by Chen & Associates on May 20, 1988 to the original applicants of this project. Specifically, we are interested in the plan for repair of the erosion scarp adjacent to the property on the southeast corner. The City agrees to provide and transport boulders which are referred to in the above report and which will be used in the repair of this erosion scarp. 3 . We recommend that the applicant grant a fisherman;s easement in the Roaring Fork River and for a width of 5 feet along the west bank of the river. 2. Housing Authority: cfkke 1 leer: Wri'd erYreGIO-P ® • ' I ii 3. Aspen Consolidated Sanitation District: In a memo dated 1 5/3/89, Bruce Matherly of the Aspen Consolidated Sanitation 11 District notes the following: The Aspen Consolidated Sanitation District has sufficient line II and treatment capacity to serve this project at this time. The applicants proposed site utilities and drainage plan shows that all roof and surface drainage will be directed to a catch basin that is not connected to the sanitary sewer, which is a 1 requirement of the District regulations. 11 The grease, oil and sand traps that are referred to on the utility sheet, will need to be reviewed by the District, for ! i compliance with District regulations. I If the applicant would like to have the on site collection system lines that are 8 ' in diameter maintained by the District, then these lines will have to be reviewed for compliance with District it specifications. The construction of this project will necessitate the slip lining of a downstream section of our collection system. The applicant has agreed to cover this expense. The applicant should also be 1 reminded that all of the connection fees are due at the time of connection to the District's collection system. A tap permit 1 must be taken out with the District's business office prior to connection. 1 4. Fire Marshall: In a memo dated 4/17/89, Wayne Vandemark notes the same sprinkler system is required by the units which are in excess of 150 ' from an access roadway. STAFF COMMENTS: The project must be reanalyzed to determine if it meets Sections 8-107 and 7-407 which allows amendments to GMQS i and PUD projects. Additionally, the stream margin review criteria must be reevaluated. GMQS Amendment:- Section 8-107 lists the following 3 activities which are prohibited through the amendment process. Activities which have these characteristics must submit a new development application. ii ii Criteria 1: Any change which is proposed to a Development • Application prior to its receipt of a development order. A Development Application which has not yet received a development order shall only be amended for purposes of clarification or technical correction. Response: The application for 700 East Main has received it 3 1 ' I I ; , • • � I 11 a0,Mn\•."..A.�ri approval for Final Plat by the City Council, however, the.^filing G•4- -er€ Final Plat has been extended by Council until June 19, 1989. 11 Criteria 2: Any proposal which would change the use of the proposed development between residential, commercial or lodge. . Response: The application remains a residential application. jl Criteria 3: Any proposal which the City Council determines to be 1 inappropriate by finding that it renders the proposal a new 11 application, and not an amendment, or by finding it to be inconsistent with any action taken during the original project , review. , Response: The amendment application is substantially consistent 1 with the representations made by the original application i relative to: , , a. area and bulk requirements; b. multi-family residential use; � 1 c. services commitments. , 1 The areas which are inconsistent which the original application are: I . ' 1. Total number of units-The project has decreased from 18 total V units to l6 total units with 5 accessory units (as defined by t--- 1 Ordinance #47) . The number of free market units is 12 and the number of employee (deed restricted) units is a. An additional 5 L--' ii/ accessory units, restricted to residency occupancy, are also included. There is now a l2 :�' free market/employee ratio of units. The Planning Office feels that this is a substantial improvement for the project. It approaches the initial request by staff to include 5 employee (deed restricted) on site units. � i 2. Unit Mix/Bedrooms-The proposal originally contained 2 bedroom units. The amendment requests 3 and 4 bedroom units. The total ' ' number of free market bedrooms is 41 as opposed to the approval j of 44 . However, the total bedroom count remains at 45 based on the addition of 3 employee bedrooms and the 1 employee bedroom .. 1 committed to in the original proposal. I i ; 3. Square Feet-The total allowed countable square footage of the r ! original application was 43 , 000 square feet. The applicants 11 • commit to maintain that maximum. - S re -Peonage—however, hqd '"inre ed"'�pp -ox mat-eIg---1-7TT1 =quaxe eet basved on Sc lvtfg-To" of the.-3.-new empiyoyee- uanats. (The 5 proposed accessory units 350-400 square feet will be deducted from the free market l unit space. ) The size of each free market unit is outlined on the attached Revised Open space calculations dated 5/9/89. The largest free 4 ' I 1 ' 1 , , III • market unit is 1, 868 square feet of countable FAR. The units internal space is actually square feet. The size of the 4 II deed restricted affordable units is square feet of countable , 1 FAR for a total of square feet of internal square footage Il per unit. The original application committed to 600 square feet 1 for the one bedroom deed restricted unit. e� A 4. Site. Coverage- T' , , 5. Parking-The applicants have committed to exceeding the number il of parking spaces which were originally approved. The original application had 41 underground spaces and 4 surface spaces, whereas the amended plan has 50 underground spaces. The additional 5 spaces are not required for the 5 accessory units, I however, the applicant has chosen to provide spaces for these units. il 6. Employee Housing-The applicants are proposing 3 additional on site 1 bedroom units and a reduction in the cash-in-lieu payment from $685, 000 to $515, 000. The total number of units to be. II housed by the original proposal and the amendment remains at 50% it of the project. However, the applicant now proposes to house 7 ∎0 Emp1 on-site employees vs. 1 3/4 employees on-site. (See Table 2- II loyee Housing Calculations, attached. ) 7. Design-The architectural design of the buildings and the site \\ r plan have been substantially revised (see attached site plans and elevations) . Drawings comparing the two site plans and elevations will be brought to the meeting. _ ', � �ti,,� a Site Plan-The site plan has been revised twice. The second ; � r revision is dated 5/9/89 (attached) and reflects the proposed Ap accessory units to be placed in free market units number 6, 7, 9, P-, , ""� 10 and 11. The other employee units are located on the north west portion of the site above the entrance to the garage. The - I text and the site plan are inconsistent. The site plan notes ' ' that 4 employee bedrooms will be supplied in a configuration of 1 j � (2) bedroom unit and 2 (1) bedroom units. The text reflects that I 4 (1) bedroom units will be provided on site. c`iar'°"fred' r'itr—to--an, ,,.,ante-a3s: The applicant has verbally II stated that the desire is to have 2 (l), bedroom units and 1, (2) bedr om units. A rJ th 1...a,� c.., t.,..2•4.4 to 4_3 II I The proposed site plan arranges the units into 4 buildings on the � site. The front building along Main Street sits back 32 feet from the property line and is apparently 125 feet in length. As a comparison, the Original Curve Condominiums have approximately 1 90 ' of frontage on Main Street and the original application had 140 ' office buildings along Main Street. The proposed height of III the project remains at 28 ' (33 ' to the peak of the roof) . The � j proposed amendment will increase the visibility of the project as 1 one approaches from the east around Original curve, since units 5 L 5 II d I I I 1 i . and 6 will be of maximum allowable height whereas the original approval had a lower recreational building which was only partially visible from the public right-of-way. The new proposal places more units along the riverfront. The two buildings along the river contain 5 free market units and 3 accessory units. The buildings are approximately 60 ' and 80 ' in length as seen from the river. The building to the rear of the site, containing 3 free market units and two accessory units is II approximately the same dimensions as the front building along Main Street. The free market units are now larger in size, however. j The amended landscaping plan continues to include the public sitting areas (one along the river and an expanded area at the corner of Spring Street and Main Street. ) Additional vegetation is proposed to screen the corner of the parcel as seen from the eastern approach around Original Curve. 1 Architectural Design-The buildings have changed significantly with regard to design. The proposal still contains 3 story units which will be seen as 2 to 2 1/2 story units from the Main Street elevation. The materials proposed to be used are stone (the same as the Courthouse base) , brick and lateral wood siding. The building is proposed to be accented with wrought iron railings and ornamental _ columns. The new design contains many more smaller features. 1 . There are more windows and a greater number of pitched roofs than opose. origi all Comparison drawings are attached. tr.: Section 7-907BP di is the review of � �_� the amendment to be consistent ujajc* the approW final development plan (see Ordinance #7) . Oidinance # 7Arevises the amendment criteria with the following language: During the review of the proposed amendment, the ii Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community ii conditions. This shall include, but not be limited to, applying to the portions of the development which have not obtained building permits or are proposed to be amended any new community policies .or regulations which have been , implemented since the original approval, or taking into consideration changing community circumstances as they affect the project's original representations and commitments. i The applicant may withdraw the proposed amendment at any time during the review process. i ' 6 ii HHH II I1 IThe amended application has responded to the more recently j1 verbalized community need for employee housing. There is little ' I change, however, in the proposal with regard to the amount of 1 , massing and bulk to be placed on the site. The proposal is not � affected by Ordinance #47 or by the recent demolition moratorium II imposed by City Council. I , In general, the amendment has responded positively to community needs. The application commits to the level of services provided 1 I by the original application. Much of the PUD criteria has ' I already been covered under the GMQS discussion above. The , Ii remaining details involve any revisions to the building schedule (Section 7-903.C.2 . (a) (5) and the PUD agreement (Section 7-904) . I , Both these items must be finalized prior to any final amendment approvals. GMQS Scoring: The original score she is attached to this I packet. It is dated January 19, 1988. The Planning Office &/iz4, the only areas which are affected by the amendment are as follows: 1 1. Public Facilities & Services (same) 2 . Quality of Design it , I a. Neighborhood Compatibility b. Site Design I II c. Green Space I it 3 . Proximity to Support Services (same) I I I ! 4 . Employee Housing Please see the attached score sheet which addresses these modifications. The Planning Office has not recommended a I significant change in the scoring of the project. PC���+� ,ado ° -ems. a° -a^-A--p � ?�, `ter �..e I� { Stream Margin R view: Section 7-504 of the Land Use Code j outlines the following criteria for Stream Margin Review. The ' application originally received stream margin review because the proposal did not significantly impose on the river or the river I ; bank. The applicants have revised their amended site plan ; i _ (attached) to pull the units further away from the river bank ' ! than was proposed by the first proposed amendment. Due to the H proposed design changes, the applicants are required to revise 1 the drainage and grading plans. These must be submitted prior to any final approvals for the amendments. 7 ` I 11 111 • Criteria 1: It can be demonstrated that the proposed development ii will not increase the base flood elevation on the parcel proposed for development. i 1 Response: Units 5 through 9 are located above the high water line and outside of the one hundred . (100) year floodplain boundary. Criteria 2: Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map { is dedicated for public use. Response: To the best of the Applicant's knowledge, no trail alignments are proposed in the Parks/Recreation/Open Space/Trails ; element of the Aspen Area comprehensive Plan which affect the ✓ project site. .the Engineering Department has suggested that a fisherman's easement be granted at this time. Criteria 3: The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Response: The Roaring Fork Greenway Plan contains no site 1 ; specific recommendations with respect to the project site. The proposed building envelopes, however, have been located so as to preserve to the maximum extent feasible the existing vegetation and natural appearance of the property. No trees along the river bank and slope will need to be removed by the revised site plan dated 5/9/89. Smaller trees which are affected towards the rear of the parcel shall be replaced. Criteria 4: No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. 1 Response: No vegetation will be removed nor any slope regraded such that the River would be adversely affected. All disturbed slopes will be stabilized during construction and appropriate measure (e.g. , haybales, etc. ) taken to prevent erosion. A revised grading plan is necessary to determine if the grading will affect the slopes and cause potential erosion. Criteria 5: To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. Response: Inasmuch as Units 5 through 9 are located well above the high water line, the proposed development will have no effect upon the natural changes experienced by the Roaring Fork River. These units have been moved back an additional 20 ' for a total of 52 ' from the river. No pollution of the River will occur as a result of the Applicant's proposed development. 8 II II lil • • Currently, drainage runs uncontrolled off the site, both to the River and to the Spring Street collection system. As with the approved project, it is proposed to collect all the drainage produced on-site, release at the historic surface runoff and groundwater recharge rate, with surface runoff being discharged to the River. ) - Criteria 6: Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a 1 water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. Response: No alteration or relocation of the existing water course will be required. Criteria 7: A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. Response: . -r-E; 15Mer. alteration or relocation of the water course is proposed, no such guarantee is required. 1 Criteria 8: Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. Response: No federal or state permits are required to construct III the proposed development. ! I SUMMARY: The amendment proposal significantly changes the site plan and the architectural design of the project. The dimensional aspects of the project have not significantly changed. The p c29Aal now places more units along the riverfront placing a - - Treging -lsofontowards Herron Park. The original II proposal placed approximately 80 ' of building mass in this area. 1 There are fewer units in the project containing the same overall number of bedrooms. The applicants have responded to the need for on site employee housing to a greater extent than the previous proposal. The architectural design is a subjective issue which the Planning Commission and City Council must review. The Planning Office Ij feels that the applicants have attempted to minimize the II stonework used along Main Street, however, the mass of the project (and previously approved project) is substantial. The project mass will compete with prominent public buildings such as the Courthouse and the Catholic church. 1 From the historic prospective, Roxanne Eflin has made the following comments regarding the proposal: 0 r11 y-4-- . .e. -11'T bir/1104, — o rni.. -fa'z-ate -� vQ4I aA4 } Woltedr 414 II I III • i I • li 1 Overall, the Planning Office feels the score for the proposal would remain the same as the previous score (see attached score 11 sheet) . The Planning Commission must rescore the project and 11 forward a recommended amended score to the City Council along ii I with a recommendation for the proposed PUD and stream margin 1i review. II The Planning Office recommends conceptual approval of the proposed amendments, but feels that details are lacking with H regard to the revised grading plan, drainage plan, landscaping 11 plan, site plan elevations and revised PUD agreements. All of . these details must be reviewed A F prior to final approval by the i City Council. sA3A-M 1 RECOMMENDATION: The Planning Office recommends approval of the 1i proposed GMQS, PUD and Stream Margin Review amendments to the 700 East Main (Cottonwood Park) project with the following iH conditions: H t 1. Prior to review by the City Council, the applicants � � I shall submit the following: 1I a. new grading and drainage plan; ,4,�j).,, v t„� p,,,,.-d,p� nterki ev ter ',,, b. new elevations osa 1 c. a new landscape plan; 1' h ^'. . d. revised PUD agreements. ' I All of these documents shall be part of the documents H to be filed with the final plat documents. II 2 . The calculations which will quantify the historic ground water r.echarge, rate for the project 0/.4. be f I e +red.S p r` l /T ct 4-1 LI CG , kt 3 . The applicant . eeds- to submit a plan to the Engineering 1 .H Department which will follow the recommendations of a 1 ' report on slope repair for erosion areas submitted by ] Chen & Associates on May 20, 1988 to the original - applicants of this project. Specifically, we 4-a'"-` 1t interested in the plan for repair of the erosion scarp 0 H adjacent to the property on the southeast corner. The City agrees to provide and transport boulders which are referred to in the above report and which will be used in the repair of this erosion scarp. 1f 4 . We recainme-nd `h�athe applicant6 grant a fisherman;s 1 easement in the Roaring Fork River and for a width of 5 feet along the west bank of the river. 1 5. i q , '� �� ' ■1 /1,(A1-144--,PC/41-4.7'e, Agewv--,----16S fq-1.,‘ ilP , 74"4—' C Vic; 1:1,17e- -j--e? I • • pzmemo.cottonwood II II ! II � I it II I II { ! it I1 ji Ii 11 ' I - , ` a ,.., ..... ° TO' ; FROM ,,,, _.of • \//.�.,r ////�/'(� l I - / n _7 .. ., , .. ,. , , .,, , ,, I r• ins%a a. 'a a „m B a s.,> ,V. e. x SUBJECT ' t - DATE ' ►'I Q,c Ca�.o c,..�o_ c� I /7. / r9 ,i. .�. MESSAGE -• J' _ II 3 a i .. • .2.5:0) 9 % ras-s P-bo&H. -e. v-L Q.a-(,: . r . 1l _ .-::--= i�c.- c. c . b'Q--)O CA). c rck ct - . • cc-� k∎.5 J_.• 6 13 CO ve\-e� 0edltS1 , c'f-c_�e-Sj p& os - a.n G 1/y- 26/. = A eo€6 S `Q Ca . . . I c 9 .. 60: -- sg 1_).o4a JC e . -�(u.sff�` beio c4) --_ ��- • SIGNED - NORM, 45 468 NO 'REPLY NECESSARY , ' - REPLY REQUESTED - USE REVERSE SIDE.• LY PAK (50 SETS) 4P468 . . ' ' ' carbon less ,11 �j , \�N ATHIS • architecture anc planning G�Ko�C �{gvFc>j pia box 1984 seen, coloraco 81612 Ase t4 ctA PE/r PE a TT8 W d FA 12F--VISE-POPE,“ SPACE Gal-Cup 5 L0-t-4Tt 6010th rti Acotsrep € .oua.i 60,411 0 Forn'r iat ik 2 1,0G4 �JerSc-cr. Cc 6E 22525 — 22,525 CYPEA,1 SPACE- • 211112 A c WV'ES rEVE-Sr4.l��u I . AYS Ate 'Pool AREA -n.o 111112. = `.5 5.3 1 OPEO 56,41-1 SPACE 'Nara: Tizeotrus AtTocAnmi 12-ATID 45-6Z s7:11 -64A4P-044,Z3 S May 9, 1989 Cindy Houben Aspen/Pitkin County Planning Dept. 201 South Galena Street Aspen, Colorado 81611 RE: Cottonwood Park G.M.P. Amendment Dear Cindy: Per our discussion with you and Jim Gibbard of the Engineering Department visit yesterday concerning our • Cottonwood Park at 700 E. Main Street project, please :accept this letter of clarification and the attached revised site plan. In response to your concerns of the siting of townhouse units 5 and 6 overlooking the Roaring 'Fork River, we have determined that by eliminating the 20 foot wide pedestrian access between Units 2 and 3 , Units 5 and 6 may be pulled back 20 feet to the west, away from the River. However, the elimination of the 20 foot wide access impacts our open space calculations, necessitating the removal and relocation of the managers office/housing unit that fronts on Spring Street. By re-configuring the employee housing units at the north end of Unit 12 and expanding the footprint, we will be able to provide the same number of affordable housing bedrooms (4) to which we have previously committed. The STAN site plan indicates 1-2 bedroom unit on the first floor with a small office to be used by the resident manager. On the MAulS second floor will be 2-1 bedroom affordable units. ARCINTECTURE In addition we propose to provide five additional accessory units of approximately 350-400 square feet each. PLOW These are shown on the revised site plan. The accessory units will be located at the parking garage level . They all l Post will have separate entrances with light, ventilation and Office egress to meet or exceed code. Box 1984 Aspen In response to Jim Gibbard's concerns that some of the Colorado previously committed off-site improvements were not shown, 81612 303/920-1434 • l 40 41 Cindy Houben May 9, 1989 Page -2- it is our intent to provide any improvement to which the former application committed. We will submit our own solutions to these improvements to the engineering department for their review and approval. Please call if you have any questions or require further information. Best Regards, t -; Stan Mathis /YA km zole2e,A oven ee 0_6, 604-^Low 5 VivAA 4 . I-A freA ; \ 6,901fr I 'frit, — fefrA414,1e \ 1.9zi• __ _..........___. luv, - ..„.., _ , lie ui 4s eio , di- • I-) 1612. 641744A /eAl- : Kt?. , WI ' st IclIs ..._____----- I.-.- (if 22•I- ( omit 0 1454 °I K Iv iv 1 olf 11 1 0410 (( I eicoe 111- i 7. 1644/210162, I 0 z-0 44Z' 0 • GC, 4014. I 1 7. -11,k 2-t oc54 '2.0414 .. 78e19 4iigi 4'4' TtAiAhvicto. Atalik- 10 -r-m417 . 1 p 1 r MEMORANDUM TO: Cindy Houben, Planning Office FROM: Jim Gibbard, Engineering Department 44' DATE: May3 ' 1989' RE: 700 E. Main Street (Cottonwood Park) GMQS/PUD Amendment Having reviewed the above application and made a site visit, the Engineering Department recommends that the following be required before final plat approval: 1. The calculations which will quantify the historic ground water recharge rate for the above project will be required. 2 . The applicant needs to submit a plan to the Engineering Department which will follow the recommendations of a report on slope repair for erosion areas submitted by Chen & Associates on May 20 , 1988 to the original applicants of this project . Specifically, we are interested in the plan for repair of the erosion scarp adjacent to the property on the southeast corner. The City agrees to provide and transport boulders which are referred to in the above report and which will be used in the repair of this erosion scarp. 3. We recommend that the applicant grant a fisherman' s easement in the Roaring Fork River and for a width of 5 feet along the west bank of the river. jg/700Main8 cc: Chuck Roth 4 Aspen (9 onsolidated Sanitation Distrrict 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Tele. (303) 925-2537 • 1�May fi 3, 9'8.9 • Cindy Houben Planning ;Office ` 130 S. Galena St. _ 3 Aspen, CO 8161.1 Re : 700 East Main GMQS/PUD Amendment Dear Cindy: The Aspen Consolidated Sanitation District has sufficient line and treatment capacity to serve this project at this time. The applicants proposed site utilities and drainage plan shows that all roof and surface drainage will be directed to a catch basin. ••. • that is not connected to the sanitary sewer, which . is a requrement of the District regulations. The grease, oil and sand traps that are referred to on the utility sheet, will need to be reviewed by the District, for compliance with District regulations. If the applicant would like to have the on site collection system lines that are 8" in diameter maintained by the District, then these lines will have to be reviewed for compliance with District specifications. The construction of this project will necessitate the slip lining of a downstream section of our collection system. The applicant has agreed to cover this expense. The applicant should also be reminded that all of the connection fees are due at the time of connection to the District' s collection system. A tap permit must be taken out with the District' s business office prior to connection. Sincerely, Bruce Matherly District Manager cc: Sunny Vann Vann Associates • • • • 9,01 • • 411 IOF PUBLIC NOTICE RE: 700 EAST MAIN GROWTH MANAGEMENT/PUD AMENDMENT • NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 16, 1989, at a meeting to begin at 4 : 30 P.M. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Sunny Vann on behalf of his client, The Elmore/Yow Group, requesting an amendment to the approved final development plan for 700 East Main Street, which is to be called Cottonwood Park. The property is located between Spring Street and Original Street and is bordered on the west by the Concept 600 Building, on the north by the Eagles, on the east by the Roaring Fork River and Herron Park and across Main Street by the Original Curve Condominiums. For further information, contact the Aspen/Pitkin County Planning Office, 130 S. Galena Street, Aspen, (303) 920-5090. s/C. Welton Anderson, Chairman Aspen Planning and Zoning Commission Published in. The Aspen Times on April 20, 1989 . City of Aspen Account. • • MEMORANDUM • To: Cindy Houben. Planning From: Wayne Vandemark, Fire Marshal Re: 700 E. Main ( Cottonwood Park) Date' Aril #17 " 1989"' I have reviewed the application submitted by Sunny Van Re: Cottonwood Park. The Fire Department' s response time is between three and four minutes . We do have a problem with access to the North East portion of the project. The Uniform Fire Code states that if any portion of a building is in excess of 150 ' from an access roadway one shall be provided. We would accept a residen- tial sprinkler system in the determined units. Sprinklering the entire project is the real answer to .life safety and property preservation. Many insurance companies will grant a 15-20% reduction in premium costs on a completely sprinklered building. • 41k, AgiL ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 April-.,4 2:989 Sunny Vann Vann Associates P. O. Box 8485 Aspen, Colorado 81612 RE: 700 East Main Street (Cottonwood Park) GMQS/PUD Amendment Dear Sunny, 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 complete. We have scheduled your application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, May 16, 1989 at a meeting to begin at 4 : 30 P.M. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. The Code requires that a sign be posted in a conspicuous place on the property and adjacent property owners be notified 10 days prior to the hearing. I will send you a copy of the public notice for this purpose. If you have any questions, please call Cindy Houben, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant i 5 'March241989 Sunny Vann Vann Associates P. O. Box 8485 Aspen, CO 81612 RE: 7OO ' East Main PUD Amendment Dear Sunny, ' 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. We are unable to schedule it for review at this time. The project violates the minimum lot area per dwelling unit requirement for the zone district. This requirement can't be varied by PUD. The amendment is located outside of the approved envelopes for Stream Margin, therefore please address these criteria also. Please also make the other minor changes which Alan discussed with you on the phone today. You may pick up all copies of the application text and submit corrected copies, which include the additional requested information. If you have any questions, please call Alan Richman. Thank you. Sincerely, Debbie Skehan Administrative Assistant ds H .111, 411 1 MESSAGE DISPLAY TO Debbie Skehan From: Alan Richman Postmark: gw2410,%3 2: 31 PM Subject:F-30(h,E'.74Mg),*(Cottonwood Park) Message: Please send Sunny a letter telling him his application is incomplete. The reason it is incomplete is that the project violates [ the minimum lot area per dwelling unit standard for the zone district, a requirement which can't be varied by PUD. Also, tell him that because the amendment is outside of the approved envelopes for stream margin, he must address these criteria too. Suggest that he retrieve the written copies (not the drawings) and correct them, per my directions on the phone today. Once we receive a corrected, • complete submission, we will refer. Thanks! , 1 X , , , 4.• II _ ,4(-‘ QTY OF ASPEN RESIDENTIAL GRO E! MANAGEMENT PLAN SUBMISSION POINTS ALLOCATION[CATION - TALLY SHEET Project: 700 Main P&Z VOTING MEMBERS Ramona Jasmine ne Roger Welton David Mari Jim _ Average 1. Public Facilities and Services (12 pts) a. Water Service 2 1.5 1:5 1.5 1.5 1.5 2 7 � �� b. Sewer Service 2 2 2 2 2 2 2 c. Storm Drainage 2 2 2 2 2 2 2 _ d. Fire Protection 2 2 2 2 2 2 2 _ e. Parking Design 2 2 2 2 2 2 2 f. Road 2 1 1.5 1.5 1.75 1 2 ih� SUBTOTAL 12 10.5 11 11 11.25 10.5 12 11.17 2. Quality of Design (15 pts) a. Neighborhood 3 3 2 2.5 2.5 2 2 _ Compatibility - I/6 b. Site Design 2 3 3 3 2.5 2 3 1 , 9. 5 c. Energy 2 2.5 2.5 2.5 2.5 2.5 2.5 _ , d. Trails 3 3 3 3 3 3 3 e. Green Space 3 3 2 2.5 2.5 2 2.5 SUBTOTAL 13 _14.5 12.5 13.5 13 11.5 13 13 3. Proximity to Support Services (6 pts) a. Public 3 3 3 3 3 . 3 3 _ • Transportation b. Community Comml 3 3 3 3 3 3 3 Facilities SUBTOTAL 6 6 6 6 6 6 6 6 4. Employee Housing (20 pts) a. Low Income 10 8 10 10 10 10 10 b. Moderate Income _ c. Middle Income SUB'IC:MIL 10 8 10 10 10 10 10 9.7 SUHICJIAL CATEGORIES 1-4 41 39 39.5 40.5 41.5 38 41 (...39.8' 5. Bonus Points (5.3 pts) 2 0 0 0 1.25 0 2 .75 TOTAL POINTS 1-5 43 39 39.5 40.5 41.5 38 43 40.62