HomeMy WebLinkAboutLand Use Case.1001 Ute Ave.57A-88,
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 10/6/88 PARCEL ID AND CASE NO.
DATE COMPLETE: /0//I/ 2737-182-00-063-57A-88
STAFF MEMBER:
PROJECT NAME: 1001 Ute Avenue Lot Split /PUD
Project Address: 1001 Ute Avenue
Legal Address: A portion of the 1001 Lode Mining Claim USMS
#1741, situated in Sec. 18, T10S, R84W
APPLICANT: Peter Cove4ntry, The Ventry Property Group
Applicant Address: 6 West Street, N. Sydney NWS 2060 Australia
REPRESENTATIVE: Sunny Vann, Vann Associates
Representative Address /Phone: 210 S. Galena St. Suite 24 5 -6958
S? o • .�3a -r 8y��
PAID: YES NO AMOUNT: $1470.00
TYPE OF APPLICATION: 1 STEP: 2 STEP: V
P &Z Meeting Date -2) PUBLIC HEARING: YES
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING :i, YES NO
VESTED RIGHTS: YES NO
Planning Director Approval:. Paid:
Insubstantial Amendment or Exemption: Date:
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REFERRALS:
City Attorney
Mtn. Bell
School District
City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing. Dir.
,X
Holy Cross
State Hwy Dept(GW)
` Aspen Water
Fire Marshall
State Hwy Dept(GJ)
'! City Electric
Roaring Fork
Building Inspector
X Envir. Hlth.
Roaring Fork
Other
r Aspen Consol.
Energy Center
S.D.
DATE REFERRED: �O �� INITIALS:
FINAL ROUTING: DATE ROUTED: - ) I 1 I Y P I _INITIAL:
City Atty City E
Housing - 6Other:
FILE STATUS AND LOCATION:
MEMORANDUM
TO: Mayor and,Council
THRU: Robert S. Anderson, Jr., City Manager
FROM: Cindy Houben, Planning Office
RE: 1001 Ute Avenue PUD /Lot Split /8040 Greenline
Review /Public Hearing
DATE: January 9, 1989
SUMMARY: The Planning Office and Planning Commission recommend
approval of the 1001 Ute Avenue Conceptual PUD with conditions.
REQUEST: Approval of a conceptual PUD submission.
This application involves a 4 step PUD process. The Planning
Commission reviewed the first step (conceptual submission) on
November 22, 1988. Also requested is Lot Split approval, which
will be reviewed by the City Council at the final step of the PUD
review. The Planning Commission is responsible for the final
approval of an 8040 greenline review which is to be acted on at
the third step of the review. The following chart will hopefully
clarify the review process for this project:
Step 1 - Conceptual PUD review by the Planning Commission.
Step 2 - Conceptual PUD review by the City Council (PH).
Step 3 - Final PUD and 8040 Greenline review by the Planning
Commission (PH).
Step 4 - Final PUD and Lot Split review by the City Council.
APPLICANT: The applicants for the project are Peter Coventry (who
has a contract to purchase the property from Aspen Development
and Construction Company) and the Aspen Development Company.
LOCATION: 1001 Ute Avenue; across Ute Avenue from the 1010 Ute
Avenue PUD and bordered on the west by the Aspen Chance PUD.
ZONING: The area proposed for development is in the R -15 PUD zone
district. A portion of the property is located in the City's
Conservation Zone district and the most southerly portion of the
parcel is located in the County and is zoned AF -1..
SITE DESCRIPTION: The site is an old mine dump area for the
Smuggler Durant Mines. In more recent years the northern portion
of the site has contained 3 tennis courts adjacent to Ute Avenue.
The southern portion of the site is heavily wooded and appears to
be the natural, undisturbed terrain of Aspen Mountain, while the
mid - portion of the site is piled with mine tailings.
DESCRIPTION OF THE PROPOSAL:
The applicants wish to create two single family homesites on the
6.73 acre parcel. These homesites are to be sold to individuals
who will construct the homes. In addition, the application
proposes an open space parcel which would be in the common
ownership of the two proposed lots. This parcel would be deed
restricted against any further development.
The application before the City Council tonight is a conceptual
PUD review. The property,is zoned R -15 PUD which requires that
any development other than a single family residence be reviewed
under the PUD provisions of the Land Use Code. The main reason
this site was zoned PUD is because of its steep slope
considerations.
Partial regrading of the property is required in order to develop
the site. In addition, the existing tennis courts located on the
northern boundary of the parcel, adjacent to Ute Avenue are
proposed to be moved 30' to the west. The relocation of. these
tennis courts is subject to an agreement with the Gant
Condominiums. The Gant has leased the land for the courts for a
number of years pursuant to the agreement found as an appendix to
the application.
The southerly portion of the site is located above the 8040
greenline and the proposed development is within the boundaries
of the 8040 greenline review.
HISTORY:
This. site was considered in 1986 for a GMQS allotment. The
proposed development of a (4) Lot Subdivision was denied after
it was unsuccessful in meeting the threshold scoring under the
Growth Management scoring system.
REFERRAL COMMENTS:
1. Engineering: In a memorandum dated November 16, 1988, Jim
Gibbard of Engineering Department makes the following comments:
1. A general plan should be submitted which shows the building
height for any future development and relation to natural
features of the site.
2. The applicant should be aware that in the final development
plan, the following will need to be submitted:
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a. A slope analysis which has been prepared by a
registered land surveyor.
b. A more detailed drainage plan which would show how the
historic runoff rate would be maintained. This plan
should also address the impact to drainage along Ute
Avenue by the crossing of the access road to this
development.
C. A plan that shows how the applicant will address the
recommendations by Chen and Associates in their
geotechnical study of this parcel on November 21, 1986.
2. Parks: In a memo from Bill Ness of the Parks Department dated
October 28, 1988, drainage from the site appears to be the
greatest concern. Drainage through open ditches crossing the Ute
Children's Park presents a safety problem, however, piped ditches
are impossible to maintain.
3. Water Department: In a memorandum from Jim Markalunas he
notes the commitment by the applicant to provide a future
interconnect with the Aspen Chance water lines. In addition the
Water Department recommends that the applicants install the water
line as show in the application in accordance with the City of
Aspen main extension policy, ie, 8 11or 6" ductile iron pipe. They
also recommend that a hydrant be installed at the terminus of the
water line or between lots one and two.
4. Environmental Health: In a memorandum dated October 24, 1988
Tom Dunlop notes that the applicants may be required to obtain a
fugitive dust permit for air quality concerns. In addition he
advises the applicants to work with the Environmental Health
Department regarding toxic mine waste. It is not a requirement
that the applicants deal with the Environmental Health
Department, but it is a request based on past experience in
dealing with hazardous waste and its possible negative impacts to
humans. Precautions should be taken by anyone working on this
site given the Chen and Associate report which indicates high
levels of lead. The report noted that the levels ranged from 213
ppm to 16,600 ppm. The applicants should become familiar with
the remediation standards of the EPA for the Smuggler Mountain
Site.
STAFF COMMENTS:
As explained earlier in this memorandum, this application will
require a (4) step review. These staff comments, however, will
focus on the project as a whole. We feel that it is impossible
to separate the various reviews and still present an adequate
picture of the proposal.
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The applicants are requesting a lot split in order to create two
single family homesites. A lot split is an exemption from the
GMQS and automatically exempts the applicant from the GMQS review
process. The review criteria for a Lot Split, pursuant to
Section 7 -1003 of the Code, are listed below with the applicant
and staff response to the proposal. In addition the application
is subject to the PUD review criteria in the code which is geared
more towards the site specifics of the development (steep slopes,
massing, architectural design, etc.). The 8040 greenline review
also contains another set of criteria which is very site specific
in nature and will be reviewed in detail the next time the
Planning Commission reviews the project (step 3).
LOT SPLIT
The City Council is the body which has complete review authority
for a Lot Split application. Section 7 -1003 explains that a lot
may be created through the Lot Split process for a single family
detached dwelling if the following conditions are met:
a. CRITERIA: The land is not located in a subdivision approved by
either the Pitkin County Board of County Commissioners or the
City Council, or the land is described as a metes and bounds
parcel which has not been subdivided after the adoption of
subdivision regulations by the City of Aspen on March 24, 1969;
and
RESPONSE: The parcel is a metes and bounds parcel and meets the
above criteria.
b. CRITERIA: No more than two (2) lots are created by the lot
split, and both lots conform to the requirements of the
underlying zone district; and
RESPONSE: The application proposes to create no more than two
lots. The parcel however will be developed consistent with the
PUD regulations which allow open space parcels within the
development. The proposed open space parcel is to be retained in
common ownership between the two newly created parcels and is
proposed to be deed restricted against further development.
c. CRITERIA: The lot under consideration, or any part thereof,
was not previously the subject of an exemption under the
provisions of this article or a "lot split" exemption pursuant
to Sec. 8-104 (C) (1) (a) ; and
RESPONSE: To the best of the applicants and staffs knowledge this
parcel was not the subject of a prior subdivision exemption
approval.
d. CRITERIA: A subdivision plat is submitted and recorded after
approval, indicating that no further subdivision may be granted
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for these lots nor will additional units be built without
receipt of applicable approvals pursuant to this Article and
growth management allocation pursuant to Art. 8.
RESPONSE: The applicant agrees to file all necessary plats upon
final approval. The plat required in this case will be a plat
which meets the subdivision and PUD platting requirements of the
Land Use Code.
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In summary the application meets all the basic code requirements
for a lot split application and thus, an exemption from the GMQS.
PUD
Section 7 -907 of the Land Use Code refers to the standards and
requirements of a PUD., These are as follows:
la. CRITERIA: The proposed development shall be consistent with
the Aspen Area Comprehensive Plan.
RESPONSE: The 1973 Comprehensive Plan designates this site as
"Mixed Residential ". The Plan notes that the intention of this
designation is to allow for a mix of residential, office and
tourist accommodations and to reduce density as projects are
developed further and further away from the central core of town.
This application is consistent with the Plan in that the
allowable density on the site is reduced by over 50 %. The
adjacent parcel to the west contains 7 single family homesites.
The property directly to the east has been dedicated to the City
for use as a park. (This parcel was dedicated as part of the
1010 Ute Avenue development.) Further to the east is the Hoag
Subdivision which is platted for single family lots of which
several are developed.
The Parks /Recreation /Open Space /Trails Element of the
Comprehensive Plan identifies a pedestrian /nordic trail along the
base of Aspen Mountain. Two summers ago a trail was constructed
on this property to the south of the Midland Railroad right -of-
way. Upon approval of the application, a twelve foot public
easement along this trail alignment will be dedicated to the
public by the applicant. In the past, the Nordic Council has
negotiated a temporary easement for this trail.
The Midland Railroad right -of -way easement will also be dedicated
to the public as a 30' wide drainage easement consistent with the
drainage plan for the area.
b. CRITERIA: The proposed development shall be consistent with
the character of existing land uses in the surrounding area.
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RESPONSE: The proposed residential use and the proposed density
are generally consistent with the surrounding neighborhoods along
Ute Avenue.
c. CRITERIA: The proposed development shall not adversely
affect the future development of the surrounding area.
RESPONSE: The proposed residential use of the property does not
appear to have any adverse effects on the future development
potential of the surrounding property since the surrounding
property has been developed as residential homesites. The
application, however, requests that the future homes for this
parcel be allowed to measure height from finished grade rather
than natural grade. The applicants argue that natural grade has
been distorted over the years and existing grade does not offer a
suitable solution since the topography is created by a mound of
mine tailings.
In general the Planning Office agrees with the applicants
analysis. However, we feel that the 8040 green line review will
give us the direction required to determine heights of structures
on the site. In addition, other criteria in this PUD section
which relate to design are the appropriate areas in which to
discuss the heights of the homes. The Planning Office question
whether allowing the height to be measured from finished grade
will create an undesirable precedent on parcels which have been
re- graded over the years. Recently the City Council allowed the
Galena Place project to be measured from the finished grade of
Galena Street since the project would work better relative to the
regraded topography.
d. CRITERIA: Final approval shall only be granted to the
development to the extent to which GMQS allotments are obtained
by the applicant.
RESPONSE: The application does not require a Growth Management
allocation if it receives approval as a Lot Split.
e. CRITERIA: The density of a parcel shall not be greater than
what is permitted in the underlying zone district. In addition
densities may be reduced if certain conditions exist. The
criteria that apply in this case are as follows:
(1) The land is not suitable for the proposed development
because of its slope, ground instability, and the
possibility of mud flow, rock falls and avalanche dangers;
(2) The effects of the proposed development are detrimental to
the natural watershed, due to runoff, drainage, soil erosion
and consequent water pollution;
RESPONSE: The potential areas of concern identified by the
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applicants geotechnical engineers are, avalanche, unstable
soils, toxic waste, debris flow, subsistence due to underground
mines and soil erosion. In addition to these concerns, the Parks
Department has expressed concerns relative to additional drainage
in the direction of the Ute Children's Park and to the Glory Hole
Park area.
The applicants feel that with proper design and by following the
recommendations of the geotechnical engineering report that the
project can be built and the concerns can be mitigated.
The Chen and Associates report is attached as Exhibit 1 of the
application. This report generally calls for more detailed plans
to be developed by the applicant relative to the stated concerns.
The applicants feel that this can be adequately accomplished at
the final submission stage. The Planning Commission recommends
several conditions of approval which assure that more specifics
will be presented at the final subdivision stage in order to
determine if mitigation of the concerns is possible.
The Chen & Association geotechnical report makes the following
recommendations:
- That an avalanche expert be consulted,
A site specific geotechnical investigation be conducted
to evaluate the stability of proposed cuts and fills
that are planned above the tennis court area,
There is no recommendation regarding subsistence due to
underground mines since the probability of this
occurring is believed to be very low,
The potential for debris flow /flood should be
evaluated by a surface water hydrologist and that high
sediment concentrations be analyzed in connection with
such events,
All areas stripped of vegetation should be revegetated
and erosion control measures should be made part of the
overall development plan,
The mine waste materials present a hazard with regard
to lead concentration. Some of the natural soils below
the mine waste in this area could also be classified as
hazardous material. The specific mitigation plan and
level of protection should be coordinated with the
local environmental authorities. An appropriate level
toxicity plan should be included as part of the
development plan.
The Planning Office agrees with the recommendations of the
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consultants. We feel that it is difficult to conceptually approve
a development plan if these issues are not addressed, more
specifically. At a minimum, the applicants should be required to
produce a map which indicates potential areas of concern and
illustrates how the proposed building envelopes can mitigate the
concerns.
f. CRITERIA: The density of a site is reduced if steep slopes
exist.
RESPONSE: 1 The applicants have done a slope reduction study
which indicates that the sites land area is reduced (within the
City Limits) from 115,314 sq. ft. to 75,211 sq. ft. The
following ,Floor Area Computation is taken directly from the
application to show the proposed,and allowed - density and. FAR for
-t-he site.
FLOOR AREA COMPUTATION
1. Site Area Within City Limits (Sq. Ft.) 115,310
2. Land Area After Slope Reduction (Sq. Ft.) 75,210
3. Land Area After Subtraction of Gant 51,820
Leasehold Parcel (Sq. Ft.)
4. Land Area Per Dwelling Unit (Sq. Ft.) 25,910
5. Allowable Floor Area for 15,000 Square 4,500
Foot Lot (Sq. Ft.)
6. Additional Floor Area @ 7 Square Feet 760
Per 100 Square Feet of Additional
Lot Area (Sq. Ft.)
7. Allowable Floor Area for 25,910 Square 5,260
Foot Lot (Sq. Ft.)
8. Maximum Allowable Floor Area for 10,520
Proposed Development (Sq. Ft.)
Note: All calculations rounded to nearest ten (10)
square feet.
As noted in the referral comments, the Engineering Department
requires that a slope analysis be prepared by a registered land:
surveyor rather than an architectural firm.
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g. CRITERIA: The proposed land uses of the development shall be
those of the underlying zone district.
RESPONSE: Residential units'are an allowed use in the R -15 zone
district.
h. CRITERIA: The dimensional requirements of the development
shall be those of the underlying zone district, provided that
some variations are allowed.
RESPONSE: The only variation being requested by the applicants
is the way in which the height of the structures are measured.
The Code requires that the height of a structure is measured
from the natural undisturbed ground slope and natural grade. The
mine tailings produce an interesting situation for this site.
Either we require that the land is reclaimed to the natural
grade (which is a debateable point of reference) , we allow the
structures to be measured from existing grade, or we allow the
structures to be measured from finished grade. The proposed
grading plan shows the elevation of the two lots at 8017 and
8021. The existing elevation of that portion of the site is
roughly the same. The Planning Office feels that this
determination should be made when a more detailed elevation plan
is presented to the Planning Commission and City Council for
review at the Final PUD submission stage.
i. CRITERIA: Off street parking in the R -15 zone district is one
space per bedroom.
RESPONSE: The applicants propose to meet this requirement. The
Planning Office would like clarification, however, that these
spaces will all be provided within the proposed building
envelope. The applicants also propose to provide 4 guest
parking spaces at the tennis courts off of Ute Avenue.
J. CRITERIA: A landscape plan is required as part of the final
development plan.
RESPONSE: The applicants have provided a plan at this time which
addresses the landscaping of the tennis court area and the
driveway area. The application states that the lots are to be
landscaped by the purchasers of the individual lots. The
Planning Office notes that the Code states that a plan for the
exterior spaces shall be provided at final submission. We feel
that it is important to see a landscape plan for the entire site
since portions of both lots will be seen from the public ROW and
from the Aspen Chance PUD. This plan should be submitted with
final PUD submission.
K. CRITERIA: An architectural site plan is required to be
provided at the initial submission stage of the application.
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RESPONSE: The applicant has provided an illustration of the
footprints of the structures but offers very little information
regarding the design of the houses, stating that the lots are to
be sold as undeveloped lots. The application does state that
architectural character will emulate the neighboring Aspen
Chance Subdivision. The application notes that the building
materials will be restricted to wood, non - reflective metal and
masonry stone and other materials compatible with the
surrounding structures and the adjacent hillside. The Planning
Office feels that elevations or specific elevation guidelines
should be presented as part of the final PUD submission and 8040
greenline submission in order for the Planning Commission and
City Council to be able to adequately review the proposal.
1. CRITERIA: The open space requirement of the development
shall be that of the underlying zone district.
RESPONSE: The R -15 zone district does not have an open space
requirement. The application, however, provides a significant
amount of undeveloped land. This land does not necessarily meet
the definition of open space in the City, yet it provides
protection of the southerly most portion of the parcel, the steep
hillside. The applicant estimates that approximately 81 percent
of the site is undeveloped. Sixty -six percent of the open space
is located within the City Limits and fifteen percent is in the
County.
m. CRITERIA: All lighting shall be arranged to prevent direct
glare or hazardous interference of any kind to adjoining streets
or land.
RESPONSE: The application has not addressed a lighting plan for
the project. The staff recommends that any lighting of the
driveway entrance should be low, baffled lighting.
n. CRITERIA: Clustering of dwellings is encouraged.
RESPONSE: The applicants have placed the building envelopes
adjacent to each other utilizing the same access in a central
portion of the site.
o. CRITERIA: The proposed development shall be designed so that
adequate public facilities will be available to accommodate the
proposed development at the time development is constructed, and
that there will be no net public cost for the provision of these
public facilities. Further, buildings shall not be arranged such
that any structure is inaccessible to emergency vehicles.
RESPONSE: Public facilities are available to the proposed site.
Any upgrades or extensions of service lines will be at the cost
of the developer.
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p. CRITERIA: Traffic and pedestrian circulation.
RESPONSE: The proposal provides each lot with access to a
public ROW. The application provides sidewalks internal to the
project but does not provide sidewalks along the public ROW.
The proposed driveway to the building envelope is at a 12%
grade. It is proposed to have a concrete type surface and to be
snowmelted for safety reasons (emergency vehicles and general
safety conditions).
SUMIARY: In summary, the application appears to propose the most
suitable level of development given the natural and manmade
constraints of the site. The Planning Office feels, however,
that a more detailed analysis of the environmental considerations
is required. The basic site plan and layout of the development
is consistent with the surrounding area, although it is difficult
to visualize since significant regrading of the site is required
for access to the building envelopes. The staff feels it is
important to see a schematic drawing of elevations of the site,
including the proposed homes. We are not asking for a final
architectural drawing of the houses, merely a massing and
scaling relative to the site and the adjacent Aspen Chance homes.
The Code requires that this and the landscape plan be provided at
the final PUD submission stage and upon 8040 greenline review.
8040 GREENLINE REVIEW
The application does not address the 8040 greenline criteria at
this time. This will be reviewed by the Planning Commission at
the third step of the review process. In addition, the Planning
Commission has determined that a final 8040 Greenline Review is
more appropriate at the building permit phase of development
since the homes will be built by individual owners. The staff,
however, has inserted the criteria from this portion of the code
in order for the City Council to know what other areas of
interest will be addressed later in the application process. In
addition, the City Council may be able to provide the applicants
with some direction relative to the criteria.
1. The parcel on which the proposed development is to be
located is suitable for development considering its slope,
ground stability characteristics, including mine subsidence
and the possibility of mud flow, rock falls and avalanche
dangers. If the parcel is found to contain hazardous or
toxic soils, the applicant shall stabilize and revegetate
the soils, or, where necessary, cause them to be removed
from the site to a location acceptable to the City.
2. The proposed development does not have a significant
adverse affect on the natural watershed, runoff, drainage,
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soil erosion or have consequent effects on water pollution.
3. The proposed development does not have a significant adverse
affect on the air quality in the City.
4. The design and location of any proposed development, road,
or trail is compatible with the terrain on the parcel on
which the proposed development is to be located.
5. Any grading will minimize, to the extent practicable,
disturbance to the terrain, vegetation and natural land
features.
6. The placement and clustering of structures will minimize the
need for roads, limit cutting and grading, maintain open
space, and preserve the mountain as a scenic resource.
7. Building height and bulk will be minimized and the
structure will be designed to blend into the open character
of the mountain.
8. Sufficient water pressure and other utilities are available
to service the proposed development.
9. Adequate roads are available to serve the proposed
development, and said roads can be properly maintained.
10. Adequate ingress and egress is available to the proposed
development so as to ensure adequate access for fire
protection and snow removal equipment.
11. Any trail on the parcel designated on the Aspen Area
Comprehensive Plan: Parks /Recreation /Open Space /Trails Plan
map is dedicated for public use.
RECOMMENDATION: The Planning Commission recommends Conceptual
PUD approval for the 1001 Ute PUD with the following conditions:
1. All site specific studies and plans recommended by the
Chen & Associates' report shall be submitted as part of
the final PUD submission.
2. As part of final submission the slope analysis shall be
prepared by a registered surveyor.
3. The final PUD submission shall indicate how all parking
spaces required for each home are located with the
proposed building envelope.
4. A landscape plan shall be submitted with the final PUD
plan which addresses all exterior spaces, specifically
the areas adjacent to and within the proposed building
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envelopes.
5. Elevations and schematic drawings of the site as seen
from Ute Avenue shall be submitted with the final PUD
plan. The intention of this condition is to illustrate
the proposed regrading and structures relative to the
site and adjacent parcels.
6. The applicant shall be required to join an improvements
district when one is formed for the area.
7. The Planning Commission shall reserve the right to
determine how the heights of the structure will be
measured until review of the final PUD submission.
8. The water line shall be installed in accordance with
the Aspen Water Main Extension Policy, ie., 8" or 6"
ductile iron pipe.
9. The applicants shall install a fire hydrant between
Lots 1 and 2 or at the terminus of the line.
10. 8040 approval shall not be granted until a specific
building permit application is made, at which time
final landscaping plans will also be reviewed.
11. The applicant shall include a statement in the PUD
agreement, in language satisfactory to the City
Attorney, that the City shall be indemnified and held
harmless from any and all environmental liability,
including, but not limited to, superfund designation
and associated cleanup costs. This statement shall be
a covenant, burdening and running with the land and
shall be so noted to any deed from the.application, its
assigns and successors in interest, transferring a
legal or equitable interest to a buyer /recipient of any
and all lots /parcels within the PUD /Subdivision.
In addition the Planning Office would like to add the following
condition:
12. The final plat shall indicate that the open space
parcel is limited to no further development.
ch.1001
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.{-aspen Consolidated Sanitation District
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925 -3601
Cindy Houben
Planning Office
130 S. Galena St.
Aspen, Co 81611
RE: 1001.Ute Ave. PUD /Lot Split
Dear Cindy:
Tele. (303) 925 -2537
November 21, 1988
The District has sufficient line and treatment capacity to service this
project at this tme.
It appears as though, the applicants will need to pay for a line extension
in order to tie the development into the District's.system. I've enclosed
the portion of our District Rulesand Regulations that explains our policy
for sewer main construction into areas of existing development. The design
of the extension must be approved by the District engineer, and all costs
associated with design,review, and construction are at the applicants
expense. Each residence will also need a separate service line for connec-
tion to-the termination of the sewer main extension.
Sincerely
Bruce Matherly
District Manager
BM /ld
�'' NOV 2 3 1988
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MEMORANDUM
TO: City Attorney
City Engineer
Water Department
Electric Department
Environmental Health
Aspen Consolidated Sanitation Department
Parks Department
FROM: Cindy Houben, Planner
RE: 1001 Ute Avenue PUD /Lot Split
Parcel ID # 2737 - 182 -00 -063
DATE: October 20, 1988
Attached for your review and comments is an application submitted
by Sunny Vann on behalf of his clients Peter Coventry & The
Ventry Property Group requesting PUD /Lot Split approval for the
"1001" mining claim which is located on Ute Avenue.
Please review this material and return your comments no later
than November 23, 1988 so that I have time to prepare a memo for
the P &Z.
Thank you.
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ASPEN /PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 925 -2020
October 19, 1988
Sunny Vann
Vann Associates
P. O. Box 8485
Aspen, CO 81612
RE: 1001 Ute Avenue Conceptual PUD /Lot Split
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 Planning and
Zoning Commission on December 6, 1988. 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.
This application requires a public hearing before the City
Council following the review by the Planning Commission. The
Code requires that the applicant give notice of the public
hearing to adjacent landowners and to post a sign on the
property.
If you have any other questions, please call Cindy Houben,
the planner assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
f
AGENDA
ASPEN PLANNING AND.ZONING COMMISSION
REGULAR MEETING
;April 2, 1991, Tuesday
4:30'P:M:.
2nd Floor Meeting Room
City Hall
I C014HI US
Commissioners
Planning Staff "
Public
II. MINUTES
III. PUBLIC HEARINGS
A. 1001 Ute Avenue Subdivisio PUD Conditional Use
Review of 8040 Greenline Review
B. The Aspen Meadows Residential GMQS, Final SPA
and Rezoning
�I IV. ADJOURN
a.cov
TO: Aspen Planning and Zoning Commission
FROM: Cindy Christensen, Planning Office
RE: Upcoming Meetings
DATE: March 28, 1991
This is allist of your scheduled upcoming meetings.
i
Special Meeting, April 9th
i
* The Aspen Meadows (continued)
Regular Meeting, April 16th
* Gordon Stream Margin Review and Conditional Use Review for
an Accessory Dwelling Unit (PH) (KJ /LL)
* Lily Reid Special Review and GMQS Exemptionl(KJ /LL)
* 716 West Francis, 620 West Hallam & 214, Wesat Bleeker
Historic Designation (PH.) (RE)
* The Aspen Meadows (continued) j
i
Regular Meeting, May 7th
* Aspen Villas PUD Amendment for Trash /Mail Enclosure (KJ)
* ClarIendon PUD Amendment (PH) (LL) I
* Christiania Lodge GMQS Exemption for Affordable Housing (LL)
* Messiah Lutheran Church Amended Conditional Use and GMQS
Exemption for Affordable Housing (PH) (KJ)
* Square Footage Code Amendment (PH) (LL)
a.nex
TO:
FROM:
Planning and Zoning Commission
im Johnson, Planning Office
RE: 1001 Ute Avenue
Conditional Use
Subdivision /PUD
step review)
DATE:
22, 1991
- 8040 Greenline Review,
for Accessory Dwelling Units, and Final\
Development Plan (as consolidated two-
Summary: IThe Planning Office recommends approval of the 1001 Ute
8040 Greenline Review, Conditional Use for Accessory Dwelling
Units, and Final Subdivision /PUD Development Plan with
conditions.
Applicant: Peter Coventry, represented by Glenn.Horn
Location: 6.73 acres on Ute Avenue. uphill from and including
the tennis courts leased by the Gant Condominiums. To the East
is the Aspen Chance Subdivision and to the west is Lot 3 of the
Hoag Subdivision and City -owned park land.
Zoning: Land below the 8040 elevation is zoned R -15 PUD ,(109,110
s.f.). Land above the 8040 line is zoned C Conservation (7,480
s.f.). The portion of the parcel extending uphill from the city
limits carries the county zoning of AF -1.
Applicant's Request: This project requires several land use
reviews. The Commission will be called upon to act on 8040
Greenline review and Conditional Use for the accessory dwelling
units. The Commission will also forward a recommendation for
GMQS. Elxemptio.n for the affordable housing (A.D
Subdivision /Planned Unit Development (PUD) to City Council. The
applicant has requested that the PUD review, normally a four step
process, be consolidated into two steps. In addition, the tennis
court lot must receive GMQS Exemption from the Planning Director
under Section 8 -104 A.l.e. For the two residential lots, GMQS
Exemption for Lot Split from City Council is needed under Section
8 -104 C.i.a.
Proposal�'The applicant seeks to divide the portion of the parcel
within the city limits into three lots, two to each contain a
single fiamily residence and accessory dwelling unit, and the
third containing three tennis courts held in a long term lease by
The Gant! The existing tennis courts will be moved to the west
approximately 50 feet to accommodate the access drive to the
homesites. The tennis courts are proposed to be deed restricted
against further development and will be available for use as
common open space by the two residential lots. This court area
is not used to.calculate density, -floor area nor open space. The
property outside of the city limits is proposed to be deed
restricted against future development also. Please see
Attachment "A" for application information, site and elevation
sketches .1
Referral Comments: Attachment. "B" contains the complete referral
submissions. Highlights of these are as follows:
eerina•
1) The subdivision plat still lacks certain information
about monuments, bearings, rebar, and Planning Director
sianature block.
2) Easements are required and shall be shown on the plat for
the following: a 15' Spar Gulch drainage easement, aligned
withl the Midland r.o.w.; a waterline easement for the
pipeline to the Linda Edwards property; trail easement as
proposed by the applicant.; and a 20' water easement proposed
through. Lot 1 to Aspen Chance.
3) Water pressure is adequate to this property. When this
property is connected to the City's water system, any water
rights associated with this property shall be conveyed to
the City.
4) The applicant shall agree in writing on the plat to join
the IUte Ave. Improvement District that is being formed to
address the. roadway, lighting, drainage, and snow
removal /parking problems.
5) Calculations for the drywell must be submitted to the
Engineering Department.
6) Parking space locations must be identified on the site
plan /final plat.
7) Construction techniques for rockfall mitigation suggested
by Nick Lampiris must be followed and inspected.
8) The USGS Avalanche Hazard map indicates the possibility
of small avalanches occurring within the proposed building
envelopes. Further study by an avalanche specialist is
required in addition to Mr. Lampiris's information.
9) Recommendations by Chen - Northern concerning construction
impacts on slopes, drainage, erosion control, and retaining
walls must be followed and inspected during construction.
10) The driveway curb cut on Ute Ave. shall not exceed 18'
in width. .
2
11) '
turn!
parki
requ-i
dimes
sprir
'he proposed cul -de -sac is inadequate for fire trucks
ng radius. A 50' minimum radius is required. If
ng is located on the cul-de-sac, more radius is
red. If the radius cannot meet the appropriate
ision, the structures must be protected by "fire
kler systems.
12) A trash service area must be shown on the plan.
13).There is .a question regarding the tennis court as a
separate lot because a 99 year lease exists for that area.
Previous legal interpretation indicated that a 99 year lease
constitutes a lot split in the intent of the Code.
City Attorney: As per discussions with Jed Caswall, the existing
lease f orl the tennis courts constitutes a subdivision under the
definition in the Land Use Code. Therefore, the applicant has
had to amend the proposal to include full Subdivision review.
Please see Attachments "C" and "D" for Glen Horn's change of
request.
County Planning: In discussions with Cindy Houben, the situation
regarding the land in the County does not represent a problem,
especially considering the owner's intent to deed restrict the
land against any future development.
Fire Marshall: As discussed in Engineering comments, the
proposed radius of the cul -de -sac does not meet minimum turning
requirements for fire trucks. Additional radius is required,
otherwiselthe buildings must be sprinklered.
Environmental nealtn:
1) By granting an easement for a nordic /bike trail,
alternative transportation modes are encouraged,. with
potential benefits to air quality.
2) The Snowmelt driveway is not recommended because the
energy required to operate it adds to global pollution and
warming. If snowmelt is insisted upon, a solar powered
system should be used.
3 ) Each home may contain two gas log fireplaces or. one gas
log and. one certified woodstove, and unlimited numbers of
natural gas fireplace appliances.
4) The applicant should contact this, office for comment
should mine waste or mine dumps be encountered. Proper
handling on -site, as proposed -by Chen - northern, is
acceptable to this office. Two to three feet of clean fill
material shall cover contaminated soils.
Water:
1) Inl order to comply with the criteria contained in Aspen's
Water Main Extension Policy, this proposed addition should
be looped into the existing water system. The applicant
should work with the adjacent Aspen Chance subdivision to
obtain an easement to allow a looping to occur in connection
with the 6" line on Aspen Chance. If the looping effort
fails, the Water Department would accept the proposed "dead
end",�.8" installation.
2) The. fire hydrant at 1010 Ute can supply sufficient flow,
pressure and volume to this proposed development.
ation District:
1) Minor downstream constraints will require the applicant's
financial participation of approximately $6,000 in addition
to the regular connection fees.
2) Two 4" service lines individually connected to the main
or a manhole installation at the - top of the driveway
connecting the two 4" lines with a 6" shared service line to
the main is acceptable. A shared service line agreement
would be required for the latter option. Either option will
require maintenance by the owner.
3) All clear water connections such as roof and foundation
drains cannot enter the District's system. Surface run -off
must be handled on -site or by the City's storm water system,
if available.
4) All associated fees and agreements must be paid /recorded
prior to connection onto the District's system.
Staff Comments:
8040 Greenline Review
As the proposed development is within 150 feet of the 8,040
elevations line, it must satisfy the standards of the Greenline
review:
1) The parcel on which the proposed development is to be located
i's suitable for development, considering its slope, ground
stability characteristics, including mine subsidence and the
possibility of mud flow, rock falls and avalanche dangers. If
the parcel is found to contain hazardous or toxic soils, the
applicant shall stabilize and revegetate the soils, or, where
necessary, cause them to be removed from the site to a location
acceptable to the City.
Response: The proposed location of the two homes is on a
.mine dump from the Lower Durant Tunnel. Upon final grading,
the � toxic soils will have to " be. capped with 2 -3 feet of
4
clea
wate
subm
debr
smal
for
(see
2 ) The pi
affect on
have cons
f rom
main-
meth
site
swali
This
gran
the
cons
tech:
site
1
soil fill and revegetated to help prevent wind and
erosion. According to the Chen- Northern report
tted with the application, the possibility of mud and
s flows, mine subsidence, and major landslides is
. Nick Lampiris, in his 1989 letter, suggests designs
.he rear walls to protect against occasional rock fall
conditions of approval).
)posed development does not have a significant adverse
the natural watershed, runoff,drainage, soil erosion or
quent effects on water pollution.
nse: A sizable increase of impervious surface results
this proposal. Historic drainage rates must be
ained through a drywell system or other detention
ds. It appears that along the eastern side of the
grading is carried onto the adjacent property and the
created takes run -off away from the subject parcel.
situation must be changed. The applicant proposes
ing to the City of Aspen a drainage easement uphill of
iomesites to accommodate Spar Gulch run -off. During
:ruction and revegetation periods, soil erosion
iques must be used to limit sediment deposition off-
3) The proposed development does not have a significant adverse
affect on the air quality in the City.
Response: The residences shall comply with all regulations
pertaining to woodburning /gas devices.
4) The design and location of any proposed development, road, or
trail is compatible with the terrain on the parcel on which the
proposed development is to be located.
Response: The proposed building sites will be on a graded,
level area on the top of the mine tailings. The existence
of the tennis courts precludes the homesites being located
on the lower shelf. The proposed driveway serves the two
residences, and is steep (10% to 12% grade). There is staff
concern about the height and-appearance of retaining walls
required above the cul- de- sac,and tennis courts. The visual
impact of the wall behind the tennis courts is especially
important as it is nearly at street level and will be highly
visible. It will be up to 17 feet tall at the rear. Site
sections and detailed drawings be submitted specific to
these referenced walls. A trail easement is offered by the
applicant and needs to b"e shown on the plat and development
plan.
5) Any {grading will minimize, to the extent practicable,
disturbance to the terrain, vegetation and natural land features.
Response: As previously mentioned, the retaining walls
required for the tennis courts and cul -de -sac are major
impacts to the terrain. Consideration should be made to
5
raising the floor
landscape screening
impact of the walls.
of the slope above
shrubs and drooping
This would help 'to
to the topography.
level of the courts, terracing, and
along the street to reduce the visual
Landscape treatment of the full length
the tennis courts is suggested., with
formed plants cascading over the wall.
reduce the impact of the abrupt changes
6) The placement and clustering of structures will minimize the
need for roads, limit cutting and grading, maintain open space,
and preserve the mountain as a scenic resource.
Response: The existing conditions on the site (tennis
courts, atypical shape, steep slopes) are real problems.
The placement of the two homes is pretty much dictated to be
on the upper shelf. The paved and landscaped entry to the
tennis court seems too urban for this site, but the basic
idea is a good one. Would a cinder path work as well?
Also, it is questionable whether- a 5' paved sidewalk along
the 20' wide driveway is really necessary.
7) Building height and bulk will be minimized and the structure
will be designed to blend into the open character of the
mountain.
Response: The applicant proposes that the architectural
.controls contained in the deed restrictions be those which
are in effect for the neighboring Aspen Chance Subdivision.
Materials allowed are wood siding,.'wood shingles, stone, and
glass, in earth tones, with cedar shingles for pitched
roofs. Elevation sketches of the north sides of the homes
are provided but they are too conceptual to provide much
insight to design. The application states that the level of
the mine tailings will be significantly lowered, thus
lowering the buildings on the hillside. It is unclear what
the net impact will be as the application does not contain
existing and proposed site sections. The height is proposed
to be 25' from new grade, and will not exceed the height of
the house at Lot 6 Aspen Chance. Maximum height in the R -15
zone is 25'.
8) Sufficient water.pressure and other utilities are available to
service the proposed development.
Response: Referral comments from the Water Department
indilcate that water pressure and volume are adequate. Sewer
is available with certain improvements to the main line as
previously discussed.
9) Adequate roads are available to serve the proposed
development, and said roads can be properly maintained.
Response: Ute Avenue is in poor condition. The Engineering
Department requires that the applicant commit to joining the
Ute Ave. Improvement District which is being formed to
address necessary road widening, drainage improvements,
6
1
ing, etc.
10) Adequate ingress and egress is available to the proposed
development so as to ensure adequate access for fire protection
and snow removal equipment.
Response: A 20' wide snowmelt driveway is proposed. This
will satisfy the Fire Marshal's office, but there is
question as to the adequacy of the cul -de -sac radius for
fire equipment. If both structures are protected by fire
sprinklers, the 201' driveway. and larger cul -de -sac are not
required. . The Engineering Department stated that the curb
cut on Ute Ave. can only be 18' wide.
11) Any trail on the parcel designated on the Aspen Area
Comprehensive Plan,:' Parks /Recreation /Open Space /Trails Plan map
is dedicated for public use.
Responses The applicant commits to dedicating a 12' wide
public trail /nordic ski easement corresponding with the
existing nordic /pedestrian trail. This easement will be
located on the land in the county which will be deed
restricted against.future development.
Conditional Use
As this iproposal includes a subdivision exemption for a Lot
Split, accessory dwelling units must be included in any
development occurring on these lots (Section 7 -1003 A.2.c.)
Accessory dwelling units are Conditional Uses in the R -15 zone.
Section 5 -508 establishes review standards for these units.
Exact building design and floorplans have yet to be developed.
For the purposes of this review, the units are proposed to be
located within the two residences. The following responses apply
to these units:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive
Plant, and with the intent of the Zone District in which it
is proposed to be located; and
Response: Accessory dwelling units are consistent with the
residential uses allowed in the R -15 zone. The City deems that
affordable housing be provided when the impact of new development
occurs.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed
for development and surrounding land uses, or enhances the
mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development;
and l
Response: Caretaker units will compliment the residential uses in
the neighborhood.
7
C. The location, size, design and operating characteristics of
the iproposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties; and
Response: No additional visual impacts will result as the units
will be located inside the residences. Each unit will be
provided with one off - street parking space. The Engineering
Department is working on implementation of an improvement program
for Ute Ave., so any increase resulting from this development
will be calculated and provided for. The site is approximately 5
blocks from the commercial core.
D. There are adequate public facilities and services to serve
the conditional use including but not limited to roads,
potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and.medical
services, drainage systems, and schools.
Response: The proposed units will not increase needs for public
facilities above and beyond the single family development.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by
the conditional use.
response: The accessory units will compensate for any employee
.generation resulting from the residential uses.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
response: These units comply with Council's goals for provision
of affordable housing in residential areas.
SUBDIVISION REVIEW STANDARDS
The following standards shall be. applied. to proposed
subdivisions.
1. General Requirements...
a. The proposed subdivision shall be consistent with the Aspen
Area Comprehensive Plan,.
Response: This area is described as low density residential in
the AACP.
b. The proposed subdivision shall be consistent with the
character of existing land uses in the area.
Response= Existing uses in the neighborhood are low to medium
density. This proposal is consistent with this pattern.
C'. The proposed subdivision shall not adversely affect the
future development of surrounding areas.
Response: No adverse affects should occur as a result of this
subdivisic
restrict k
County agi
the charac
d. The
appl
Response:
Use /GMQS
2.
a. nand
loca
f loo
aval
natu
the
prop
Response:
informati
b. Spat
not
inef
faci
Response:
proposal.
applicant
if formed
3. Impx
a. Redo
Response:
fire hyd
provided
b. App
the
pla
app
rel
Response
Section
issuance
n. One of the ,aspects of this proposal is to deed
oth the tennis court lot and the sloped area within the
Linst any further development as a measure to protect
ter and environment of'the surrounding area.
?roposed subdivision shall be in compliance with all
cable requirements of this,chapter.
The proposal is seeking PUD, 8040, and Conditional
pprovals as required by the Land Use Code.
suitability. The proposed subdivision shall not be
ed on land unsuitable for development because of
ing, drainage, rock or soil creep, mudflow,.rockslide,
nche or snowslide, steep topography or any other
al hazard or other condition that will be harmful to
Zealth, safety, or welfare of the residents in the
sed subdivision.
Please see 8040 review discussion above for this
.al pattern efficient. The proposed subdivision shall
be designed to create. spatial patterns that cause
iciencies, duplication or premature extension of public
ities and unnecessary public costs.
No public inefficiencies will result from this
Access to the homes are via private drive. The
must commit to participate in any improvement district
-red improvements.
The improvements such as property pins, water lines,.
ants, etc. as listed in this Code section shall be
or the proposed subdivision.
�ved plans. Construction shall not commence on any of
improvements required by Sec. 7-1004 (C) (3) (a) until a
profile, and specifications have been received and
3ved by the City Engineer and, when appropriate, the
rant utility company.
Any required plans for the necessary improvements in
-1004 C.3.a. must be submitted and approved prior to
if any excavation or building permits.
4. Design standards. The following design standards shall be
required for all subdivisions. Except as discussed
specifically below, the entire series of standards do not
apply to this project, or have been addressed on the site
plan.
9
a. easements.
(3) Potable water and sewer easements.
Response: The Engineering Department will require a Spar
Gulch drainage easement and two waterline easements to be
shown on the plat. See referral comments above.
(4) Planned utility or drainage system.
Response: The applicant commits to dedicating an easement
for drainage system traversing the south side of the
property.
(6) Fire lanes and emergency access easements. Fire lanes
and emergency access easements twenty (201) feet in
width shall be provided where required by the City Fire
Marshal.
Response: The Fire Marshal has reviewed the proposal and
states that the cul -de -sac radius is not adequate. Unless
the radius can meet his requirement, all residences must be
sprinklered.
(8) Planned trail system. Whenever 'a subdivision embraces
any part of a bikeway, bridle path, cross country ski
trail or hiking trail designated on the Aspen Area
Comprehensive Plan: Parks /Recreation /Open Space /Trails
Plan Map, an easement shall be provided to accommodate
the plan within the subdivision.
Response: As discussed, a 12' trail easement shall be
dedicated on the part of this parcel in the county.
c. Lots and blocxs.
Response: The plat shall include three lots: Lots 1 and 2 as
residential, and Lot 3 being the tennis - courts (deed restricted
against any future development.)
b. Utilities.
Response:j The applicant commits to complying with the easement
and construction requirements of the utility agencies which serve
this parcel. See referral comments. Also, historic drainage on
site will) be maintained.
Upon submission of a Final Plat for City approval, all of the
standards of Section 7- 1004(c) must be met, or it shall be
denied.
Sec. 7 -1006. Subdivision Agreement.
The following Code sections describe the elements required within
a Subdivision Agreement.
A.
app _
-ral. Prior to approval of Plat for a subdivision, the
_icant and City Council shall enter into a Subdivision
10
Agreement binding the subdivision to any conditions placed
on the development order.
B. Common Park and Recreation Areas. The Subdivision Agreement
shall outline any agreement on the part of the applicant, to
deed public lands, open space, public facilities, and other
improvements to the City or other entity.
C. Landscape Guarantee. In order to ensure implementation and
maintenance of the landscape plan, the City Council may
require the applicant to provide a guarantee for no less
than one hundred twenty -five percent (125%) of the current
estimated cost of the landscaping improvements in the
approved landscape plan, as estimated by the City Engineer,
to ensure the installation of all landscaping shown and the
continued maintenance and replacement of the landscaping for
a period of two (2) years after installation. The guarantee
shall be in the form of a cash escrow with the City, or a
bank or savings and. loan association, or an irrevocable
sight draft or letter of commitment from a financially
responsible lender and shall give the City the unconditional
right upon demand to partially or fully complete or pay for
any jimprovements or pay any outstanding bills, or to
withdraw funds upon demand to partially or fully complete or
pay for any improvements or pay for any improvement or pay
any outstanding bills for work done thereon by any party.
As piortions of the landscaping improvements are completed,
the City Engineer shall inspect them, and upon approval and
acceptance, shall authorize the release of the agreed
estimated. cost for that portion of the improvements, except
that ten percent (10 %) shall be withheld until all proposed
improvements are completed and approved, and an additional
twenty -five percent (25 %), which shall be retained until the
improvements have been maintained in a satisfactory
condition for two (2) years.
D. Public Facilities Guarantee. In order to ensure
installation of necessary public 'facilities planned to
accommodate the subdivision, the City Council shall require
the applicant to provide a guarantee for no less than one
hundred percent (100 %) of the current estimated cost of such
public improvements, as estimated by the City Engineer. The
.guarantee shall be in the form specified in Sec. 7- 1006(c)
and may be drawn upon by the City as specified therein. As
portions of the public facilities 'improvements are
completed, the City Engineer shall inspect them, and upon
approval and acceptance, shall authorize the release of the
agreed estimated cost for that portion of the improvements,
except ten percent (10 %) which shall be withheld until all
proposed improvements are completed and approved.
� 11
E.
recox
Recox
the
days
Plat
the
accer
grant
The subj e
following
Section 7-
the time
conference
should rec
four step
would be i
3ation. The Subdivision Agreement and Plat shall be
led in the office of the Pitkin County Clerk and
ier. Failure on the part of the applicant to record
.lat within a period of one hundred and eighty (180)
Eollowing approval by the City Council shall render the
invalid and reconsideration and approval of the Plat by
ommission and City Council will be required before its
tance and recording, unless an extension or waiver is
ad by City Council for a showing of good cause.
Planned Unit Development (PUD)
J
-t parcel has a. PUD overlay and is subject to the
purpose and standards contained in Section 7 -901.
903 C.3. allows for a. two -step consolidated review. At
the applicant and staff conducted the pre - application
, it was staff's determination that the applicant
uest the consolidated process. The reasons were that a
review for a. project with minimal community impact
edundant and serve no public purpose.
The purpose of Planned Unit Development (PUD) designation is to
encourage flexibility and innovation in the development 'of land
which:
A. Promotes greater variety in`the type, design, and layout of
buildings.
B. Improves the design, character and quality of development.
C. Promotes more efficient use of land, public facilities, and
governmental services.
D. Preserrves open space to the greatest extent practicable.
E. Achieves a compatibility of land uses; and
F. Provides procedures so
development encourages
scenic features.
PUD REVIEW STANDARDS
that the type, design, and layout of
the preservation of natural and
1. General ' Recuirements..
Response= As the PUD General Requirements are nearly the same as
Subdivision, please see Subdivision General Requirements above.
In addition, PUD General Requirements expect that:
"Final approval shall only be granted to the development to the
12
extent to which GMQS allotments are obtained by the applicant."
Response: Although the project is going through a Subdivision
review, the net result is to obtain development rights for two
single family residences. Originally the applicant only sought a
Lot Split (GMQS Exemption) to develop the two residences. The
City Attorney ruled that the presence of the long -term tennis
court lease constituted an existing subdivision, and only a Lot
Split would therefore not be applicable. In light. of this
decision, it was decided by Planning staff that if a three lot.
subdivision was processed (two residential, one deed restricted
against any ,future development rights), the Planning Director
would grant a GMQS exemption for the project under Section 8 -104
A.1.e. This language- reads:
All development not limited: All development not limited by the
provisions of Section 8 -103. (This section sets forth the Growth
Management Quotas for Commercial, Lodge, and Residential uses.)
In effect, the Planning Office recognizes the intent of the
application to acquire two single family development rights and
the problems encountered because of the tennis court lease.
Staff acknowledges that as part of the proposal 4.05 acres of
land in the county that are part. of this parcel will be deed
restricted against future site development (see 3/13/91 letter
from Glenn Horn). The tennis court area (proposed Lot 3) will
also be restricted against any future development.. This solution
appears to be a win /win proposition which will benefit both the
applicantland the citizens of the community.
When thi
consider
the stain
redundanc
request
of the C<
PAP
application is forwarded to City Council, they will
GMQS Exemption for the two residential lots based on
rds for Lot Split. Although this appears to be a
staff wishes to consider the spirit of the owner's
well as the intent of the growth management sections
e..
i y. The maximum density shall be no greater than that
itted in the underlying Zone District.
Response: The R -15 zone allows one house per 15,.000 s. f . of lot
area. Densities do not have to be reduced for this proposal for
steep slopes as per the consulting Landscape Architect. There
are no other density reductions required for this parcel.
3. Land Uses. The land uses
underlying Zone District.
Response: Detached residential
zone. They may be authorized to
or row house configuration, but
applicant.
permitted shall be those of the
units are permitted in the R -15
be clustered in a zero lot line
.that .is not a request of the
13
M
shall
throu
shall
Response:
requested
feet is re
establishe
adjusted n
5. Off -
Response:
identifie
sought.
6. Open
Response:
However,.
courts to
deed rest
of the 6.
The appli4
future sii
The dimensional requirements
be those of the underlying Zone District except.
jh a PUD variation process. Any variation permitted
be clearly indicated on the final development plan.
A variation to the R -15 side setback is being
for the east side of Lot 1. 10 feet is required, 5
quested. Staff feels that since the lot line is, being
i as. part of a new subdivision, the line should
Dw rather than allowing a variation.
14 spaces are being provided on site. These must be
on. the recorded PUD plan. No variations are being
No open space requirement exists in the R -15 zone.
:his proposal calls for the lot containing the tennis
be used by the residents as open space. It shall be
'icted against any future development. Additionally,
F'acres in this parcel, 4.05 acres are in the County.
ant commits to deed restrict this land area against any
e development.
As required by the Code, "any plan for open space shall also
be accompanied by a legal instrument which 'ensures the
permanent care and maintenance of open spaces, recreation
areas, and communally owned facilities."
7. Landscape Plan.
Response: The applicant submitted a landscape plan as part of
this application. Please see discussion of landscape treatment
in the 8040 section above. A less urban treatment of the
pedestrian entry at the tennis courts is recommended by staff.
8. Architectural Site Plan.
Response: As discussed in the 8040 standards, the designs of the
two homes will use the architectural guidelines for the Aspen
Chance Subdivision. This will steer designs toward use of
appropriate materials, roof pitches, etc. to harmonize with the
surrounding area.
9. Lightingr. All lighting shall be arranged so as to prevent
direct glare or hazardous interference of any kind to
adjoining streets or lands..
Response: The applicant commits to complying with this standard.
10. clustering. Clustering of dwelling units is encouraged.
Response: The two homes are both set on the shelf created by the
tailings pile. This is a relatively clustered arrangement.
il. Public Facilities. The proposed development shall be
'14
designed so that adequate public facilities will be
available to accommodate the proposed development at the
time development is constructed, and that there will be no
net public cost for the provision of these public
facilities. Further, buildings shall not be arranged such
that any structure.is inaccessible to emergency vehicles.
Response: According to comments from Engineering, the Fire
Marshal and utilities, basic needs are met except where noted and
conditioned.
12. Traffic and Pedestrian
Response: As discussed in
acceptable with conditions
of pedestrian access, that
entry, and even removal of
additional pavement seems
private drive. It will a
keep it useful.
referral comments, vehicular access is
Staff would like a reconsideration
being a less "urban" treatment on the
the sidewalk along the driveway. The
excessive given the width of the
lso require plowing in the winter to
13. Final Development Plan.
Response: The applicant has
review purposes. Staff has
section, information from the
availablelat the meeting if not
provided an acceptable plan for
requested some additional site
architect and this should be
sooner.
Sec. 7 -904. PUD Agreement.
The following information is required to be filed concurrently
with the PUD Development Plan and Subdivision Plat. As the
Subdivision Agreement is a similar document, the Agreement could
be a consolidation of the two as long as all required information
and commitments are contained within.
A.
C.
General. Upon approval of a Final Development Plan for
the Planned Unit Development (PUD) , the applicant and
City Council shall enter into a Planned Unit Develop-
ment (PUD) Agreement binding the PUD to any conditions
placed on the development order.
Common. Park and Recreation Areas. The PUD Agreement
shall outline any agreement on the part of the ap-
plicant, to deed to each lot or dwelling unit owner
within the Planned Unit Development (PUD), an undivided
interest in all common park and recreations areas,
together with a deed restriction against future
residential, commercial, or industrial development.
Landscape Guarantee. In order to ensure implementation
and maintenance of the landscape plan, the City Council
may require the applicant to provide a, guarantee for no
less than one hundred twenty -five percent (125 %).of the
current estimated cost of the landscaping improvements
in the approved landscape plan., as estimated by, the
15
LIM
Staff
' ty Engineer,- to ensure the installation of all
andscaping shown and the continued maintenance and
,eplacement of the landscaping for a period of two (2)
ears after installation. The guarantee shall be in
he form of a cash escrow with the City, or a bank or
savings and loan association, or an irrevocable sight
[raft or letter of commitment from a financially
responsible lender and shall give the City the uncon-
[itional right upon demand to partially or fully
:omplete or pay for any improvements or pay any
outstanding bills, or to withdraw funds upon demand to
partially or fully complete or pay for any improvements
ir pay for any improvement or pay any outstanding bills
'or work done thereon by any party.
As portions of the landscaping improvements are
completed, the City Engineer shall inspect them, and
upon approval and acceptance, shall authorize the
release of the agreed estimated cost for that portion
of the improvements, except that ten percent (10 %)
which shall be withheld until all proposed improvements
are completed and approved, and an additional twenty -
five percent (25 %), which shall be retained until the
improvements have been maintained in., a satisfactory
condition.for two (2) years.
Public Facilities Guarantee.. . In order to ensure
installation of necessary public facilities planned.to
accommodate the development, the City Council shall
require the applicant to provide a guarantee for. no
less than one hundred percent (100 %) of the current
estimated cost of such public improvements, as es-
timated by the City Engineer. The guarantee shall be
in the form specified in Sec. 7- 904(c) and may be drawn
upon by the City as therein specified. 'As portions of
the public facilities improvements are completed, the
City Engineer shall inspect them, and upon approval and
acceptance, shall authorize the release of the agreed
estimated cost for that portion of the improvements,
except that ten percent (10 %) which shall be withheld
until all proposed improvements are completed and
approved.
tions:
GMOS Exemption / Conditional Use: The Planning
approval of Conditional Use for. one Accessory
each residence with the following conditions:
1. Each
Office Recommends
Dwelling Unit in
jccessory dwelling unit shall contain not less than 300
16
and not m
located w
meet the
required
of a Res.
months or
have the :
or her ch(
accessory
the def in
Aspen /Pit)
purpose o
it is oc<
requires e
rent.
2. Prior
each resi,
the Housi
that the
units, me
be rented
the deed
shall rec
and Recor,
ire than 700 square feet of net livable area and be
thin or attached to a principal residence. It shall
housing designee's guidelines for such units, is
o be deed restricted by Owner, to meet the definition
dent Occupied Unit and be rented for period of six
longer. The Owner of the principal residence shall
ight to place a qualified employee or employees of his
using in the accessory dwelling unit. Occupancy of the
dwelling unit is not mandatory. The tenant shall meet
.tion of a working resident and is qualified by, the
in County Housing Authority prior to occupancy. For
this provision, a unit shall be considered rented if
apied pursuant to a. lease or rental agreement which
payment by the tenant of more than a nominal amount of
:o issuance of any building permits for construction of
ence, the applicant shall provide a deed restriction to
.g Authority for approval. The restriction shall state
accessory unit meets the housing guidelines for such
is the definition of Resident Occupied Unit, and shall
for periods of six months or longer. Upon approval of
restriction by the Housing Authority, the applicant
>rd the deed restriction with the Pitkin County Clerk
ers Office.
3. A copylof the recorded deed restrictions must be forwarded to
the Planning Office.
8040 Greenling: The Planning Office recommends approval.of 8040
Greenline review with the following conditions:
4) The grading plan must be changed so that any grade alterations
must be- completely contained within the property lines of this
parcel.
5) When this property is connected to the City's water system,
any water[ rights associated with this property shall be conveyed
to the City.
6) Calculations for the drywell must be submitted to the
Engineering Department.
7) Const
Nick Lam
include:
at least
windows
200 lbs/
the home,
8)
uction techniques for rockfall mitigation suggested by
iris must be followed and inspected. These techniques
the rear foundation walls should be designed to protrude
four feet above finished grade and be without doors or
n the up -slope sides; they should be able to withstand
.f.. Positive landscaping should.be done at the rear of
during or shortly after construction.
study by an avalanche specialist is required in
17
addition
9) Recom
impacts o
walls muse
10) The
soil fill
subdivisi
3 Mr. Lampiris's information.
endations by Chen - Northern concerning construction
the slopes,- drainage, erosion control, and retaining
be followed and inspected during construction,
waste /tailings must be capped with 2 -3' of clean
The Planning Office recommends approval of
with the following conditions:
11) All plat requirements as stated in Section 7 -1004 C. and D.
shall be shown on plat prior to approval by the Engineering
office .
12) Any required plans for the necessary improvements in Section
7 -1004 C.3.a. must be submitted and approved prior to issuance of
any excavation or building permits.
13) Easements for Spar Gulch drainage, 12 nordic /pedestrian
trail, and two waterlines, as described in Engineering's referral
comments must be shown on the plat.`
14) The applicant shall agree in writing on the plat to join the
Ute Ave. Improvement District that is�being formed to address the
roadway, lighting, drainage, and snow removal. /parking problems.
15) The Subdivision Agreement and Plat must be recorded with the
Pitkin County Clerk and Recorder within 180 days of approval by
City Council. Failure to do so will render the approvals
invalid. I -
PUD Development Plan: The Planning Office Recommends approval of
this development plan with the following conditions:
16) The lot line separating Lots 1 and 2 shall be moved to the
east approximately 5 feet . so that the Lot 1 side setback can be
achieved without a variation.
17) Fourteen parking spaces must be identified on the Final
Development Plan.
18) The driveway curbcut on Ute Ave. shall not exceed 18' in
width.
19) A trash service are must be shown on the plan.
20) Gas Fireplaces and wood stoves must be certified and approved
through the Environmental Health department.
21) A 50' minimum radius for the cul -de -sac is required. If the
18
radius cannot meet the appropriate dimension, the structures must
be protected by fire sprinkler systems.
22) The pedestrian access shall be redesigned to be less urban in
character. The sidewalk adjacent to the driveway shall be
eliminated.
23) The applicant shall participate in improvements in the
Sanitation Department's lines by a payment of $6,000.00 (in
addition to the regular connection fees.
24) All
drains ca
be handy
available
25) Sew
Sanitati
paid and
2 6 ) The
extraine
27) A Fin
the Pitki
by City C
nAn_
nBn_
nCn_
nDn_
lear water connections such as roof and foundation
not enter the District's system. Surface run -off must
I on -site or by the City's storm water system, if
lines /connections shall meet the approval of the
District. All associated fees and agreements must be
corded prior to connection onto the District's system.
nis court lot shall be reconfigured to remove the
area to the west of the pedestrian access point.
Development Plan and PUD Agreement must be filed with
County Clerk and Recorder within 180 days of approval
Zcil or the.approval will be rendered invalid.
Propiosed PUD Development Plan, Plat,
Comments from Referral Agencies
3/13/91 letter from Glenn Horn regarding Subdivision process
3/18/91 letter from Glenn Horn to Tim Whitsitt /Cindy Houben
19
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TO: Kim Jc
FROM: Jim G:
ATTACHMENT "B"
MEMORANDUM
, Planning Office
rd, Engineering Department'
DATE: January 3, 1991
RE: 1001 Ute Avenue Subdivision Exemption for a Lot Split,
Consolidated PUD, 8040 Greenline Review, Conditional Use Review
and GMQS Exemption
--------------------------------------------------------- - - - - --
Having reviewed the above application and made a site visit, the
Engineering Department has the following comments:
l� The draft of the final subdivision plat which was
submitted still needs the following information:
a. A description of all survey monuments both found and
set.
b. A statement explaining the basis for bearings.
` c. A- certificate showing approval by the Planning
Director.
dl. The statement about the No. 4 rebar must read that
it must be set prior to recording of the final plat , -
or prior to issuance of any building permit, depending
on the timing.
�'21 Water and Fire Departments confirmed that there will be
sufficlent water pressure. When water service is connected,
it is required that the applicant convey to the City any
water rights that are included with the ownership _of this
property. The Engineering Department utility location map
indicates there is access to all other utilities at this
location.
(3i The applicant needs to agree to join the Ute Avenue
Improvement District that is presently being formed. This
district will address road widening, street lighting,
parking as it relates to snow removal and drainage problems
which relate to road maintenance. This agreement needs to
be shown on the plat.
�'4. )The Engineering Department has a question about the
portion of this parcel that is in the County. Is this part
of the lot split? Also, should the area of the tennis court
Tease be a separate lot? In previous instances, legal staff
has advised that a 99 year lease constitutes a lot split in
the intent of the Code.
5. The
drywel
Engine
suppor�
//6 �/ The
lto gra
easemei
aligner
F7 j The
across
to the
report by Robert Fletcher indicates that the proposed
1 wills maintain the historic drainage. The
:ring Department will need the calculations which
that report.
Spar Gulch drainage easement the applicant proposes
it to the City needs to be shown on the plat. This
t needs to be 15 feet in width and needs to be
with the Midland railroad right -of -way.
Engineering Department recommends a water easement
the northwest corner of the property for 1" pipeline
Linda Edwards property.
__8.•Thei.slope density reduction analysis calculations done by
a registered surveyor which were submitted meet the
recruirements of this section.
9. The existing traffic circulation on Ute Avenue is poor,
especilally in the winter time. If the applicant agrees to
join the Ute Avenue Improvement District, this problem will
be addressed.
-_10. The applicant has given a conceptual outline of how the
development will be served 'by the appropriate public
facilities to the satisfaction of the Engineering
ilk The detailed plan submitted by - the applicant needs to
show the location of proposed off - street parking. The
applicant has proposed 14 off - street parking spaces but the
location of all of these. spaces is not shown. This should
be done prior to final plat approval.
�'12. The applicant needs to show the trail easement he is
proposing to grant on the plat.
�1i% The applicant needs to show the 20 foot water easement
that _is being proposed through lot 1 to the Aspen Chance on
the plat.
1z1. The recommendation made in the report by Nick Lampiris
on rock fall mitigation must be followed and this must be
substantiated before final inspection.
C15� The USGS Avalanche Hazard map shows that the proposed
building envelopes es are located within an area where there is
potential for small avalanches. The Engineering Department
requires a recommendation on avalanche potential for this
area from a consultant specializing in this field in
addition to the one submitted by Nick Lampiris.
IV
f
e
16) The following recommendations made in the report by
`.Chen- Northern, Inc. need to be followed and this must be
substantiated at appropriate times during the building
permitland inspection process:
a! Mitigation of construction induced slope
instability.
.b., Mitigation of flooding and debris flow potential.
c! Drainage for the proposed driveway and the two
structures.
d! Revegetation for erosion control.
e! Concerning cut and fill of the driveway and for the
structures.
f. Construction of the retaining wall for the driveway.
X17. The Engineering Department confirms that there is
adequate ingress and egress. The applicant has proposed to
.construct a 20 foot wide driveway which is what the
requirement is for emergency access. However, Code requires
that there can be only an 18 curb.cut for this driveway, so
it is recommended that the 20 foot wide drive be necked down
at UtelAvenue.
18. The proposed cul -de -sac has an inadequate turning radius
for fire trucks. This must be increased to 50 feet. If the
applicant proposes the additional off - street parking for
this cul- de- sac,'then the radius needs to be increased even
more. Because the location of this cul -de -sac would make it
difficult to make this size increase, it is recommended that
the structures have fire protection sprinkler systems.
installed which would eliminate the need for fire truck
i
access.
19. The applicant needs to show the location of proposed a
trash area.
j g/ 1001ute
cc: Chuck Roth
N
TO: Rim
FROM:
DATE:
Johnson, Planning
Blocker, Housing
r 28, 1990
JAN 3 ! 1,1D91
RE: 1001 Ute Avenue Subdivision Exemption, for a Lot Split;
Consolidated PUD, Conditional Use Review, and GMQS
SUMMARY: A]
site which c
family lots
the site cui
Tunnel.
APPLICANT:
APPLICANT'S
el ID # 2737- 182 -00 -063
)licant proposes to subdivide a portion of the project
nsist of approximately 293,160 sq. ft. into two single
The proposed lots are to be located in the portion of
-ently occupied by mine tailings from the Lower Durant
Neil Myers
REPRESENTATIVE: Davis Horn Incorporated
LOCATION: Site. is bordered by Ute Avenue to the north, City of
Aspen Park and Lot 3 Hoag Subdivision to the east, Aspen Mountain
to the south, and Aspen Chance Subdivision to the east.
ZONING: Portion located in Pitkin county is AF -1 and the Portion
located in the City of Aspen is zoned R -15 (PUD) and C
(Conservation).
REQUEST: Applicant requests Residential GMQS Exemption for a Lot
Split pursuant to Section 8- 104(C)(a), Residential GMQS Exemption
for the Accessory Dwelling Units as per Section 8- 104(B)(d),
Subdivision Exemption for a Lot Split as per Section 7 -1003 (A) (2) ,
Consolidated Planned. Unit.. Development as per Section 8 -903,
Development of Environmentally Sensitive Areas (ESA) 8040 Greenline
Review as per Section 7 -503, and Conditional Use Approval for the
Accessory Dwelling Units as per Section 5 -508.
SUBDIVISIOW EXEMPTION FOR LOT SPLIT -
Applicant requests subdivision exemption for a lot split pursuant
to Section 8- 104(C)(a) which allows the development of one (1)
detached residential dwelling on a vacant lot formed by a lot split
granted subsequent to November 14, 1977 pursuant to Section 7 -1003
(a)(2). Ind order to be eligible for this exemption the property
need not contain any development on the original lot.
Section 7 -1003 (a)(2) requires that the split of a lot for the
purpose of the development of only one detached single - family
dwelling on a lot by a lot split granted subsequent to November 14,
1977, were all of the following conditions are met:
a. The land is not located in a subdivision approved by either
the Pitkin County Board of County Commissioners or the City
Council, or the land is described as a metes and bounds parcel
which has not been subdivided after the adoption of subdivision
regulationslby the City of Aspen on March 24, 1969;
Applicant has provided information that the lots as proposed for
the split are undeveloped land with no prior approvals from either
City of County.
b. No more than two (2) lots are created by the lot split; both
lots conform to the requirements.of the underlying zone district
and the applicant commits that any lot for which development is
proposed will contain an Accessory Dwelling Unit.
Applicant has requested approval for the development of an
accessory dwelling unit for each lot to be constructed within the
main residence.
Applicant provides information on page 47 of the submission that
" the data in Table 2 indicate that 10,270 square feet may be
constructed in the PUD distributed between the two lots ". Also,
applicant provides information that the requirements of one
space /bedroom will be met for a total of fourteen spaces which
would indicate that the two lots will contain a combined total of
fourteen bedrooms. However, other then this information, applicant
does not provide the actual proposed square footage of the two
residential dwelling units to determine that the underlying zone
requirements are met as to square footage not to exceed 6,600
square feetlof floor area for a lot of 15,000 - 50,000 sq. ft.
Applicant requests approval be granted for the construction of one
accessory dwelling unit per lot as per Section 5 -508 which requires
that the accessory dwelling unit shall not be subject to the
minimum lot area requirement of Art. 5, Div. 2., but shall be
subject to all other underlying zone district.
Parking shall not be required if the unit is a studio or one
bedroom unit, but one (1) parking space shall be provided on -site
if the unit contains two (2) bedrooms and one (1) additional space
shall be required for each additional two (2) bedrooms in the unit.
The Accessory Dwelling Units shall contain not less than 300 square
feet of net livable area and be located within or attached to a
principal residence. It shall meet the housing designee's
guidelines for such units, meet the definition of a Resident
Occupied Unit and be rented for periods of six months or longer.
The owner of the principal residence shall have the right to place
a qualified I employee or employees of his or her choosing in the
Accessory Dwelling Unit.-
Applicant has not provided any information as to the net livable
square footage of the accessory dwelling units.
HOUSING RECOMMENDATION: Housing requests approval for one
accessory dwelling unit per lot for the 1001 Ute Avenue PUD
Subdivisionlapplication based on the following conditions:
1. Applicant shall be required to provide actual floor plans of
the accessory dwelling units to determine location, net livable
square footage, and bedroom count.
2. The Accessory Dwelling Units shall be required to meet the
definition of "dwelling unit" as per Aspen City Code to be a
separately enterable ;-self- sufficient room or combination of rooms
which contain a kitchen and,bath facilities and which are designed
for or usedlas a residence by a single family or residents. The
dwelling units shall be independent of other family or guests.
3. A site linspection shall be performed by representatives of the
Housing and Zoning offices to determine that all above requirements
are met prior to final inspection by Building department.
4. Applic
to form as I
the Housing
restriction
to issuance
ant shall be required to provide a deed restriction as
)ter Section 5 -508 of the Aspen City Code for approval by
Office and shall be required to record approved deed
with the Pitkin County Clerk and Recorders Office prior
of any building permits for the approved lots.
• ATTACHMENT "C" •
D avis Ilor n,1.nc VAR 14
PLANNING APPRAISING • REAL ESTATE CONSULTING
March 13, 1991
Kim Johnson
Amy Margerum
130 South Galena Street
Aspen, Colorado 81611
Re: Amendment to the 1001 Ute Avenue Application
Dear.Kim and Amy:
I apologize for taking so long to get back to you regarding the
status. of the 1001 Ute Avenue application. Neal Meyer's (FMG
Incorporated) option to acquire the property from Peter Coventry
has expired. He was unsuccessful in negotiating a new agreement
and Peter Coventry has retained all rights to the. property.
Peter Coventry has decided to continue to process the application
originally submitted by Neal Meyers. Peter has authorized me to
officially amend the -application as suggested in your February 7,
1991 letter and described below.
1. Full Subdivision /PUD-- Please process the application as
a full subdivision /PUD pursuant to Sections 7 -1004 C and
7-,9 of the Aspen Land Use Regulations. The applicant will
be seeking approval for three lots. Lots 1 and 2 will
each be developed with a single - family dwelling and an
accessory unit. Lot 3, the tennis court, will be deed
restricted against any future development and serve as
the common open space for the subdivision. The land area
within Lot 3 shall not be utilized to calculate lot area
for the PUD.
We considered bisecting the tennis courts with the lot
line for Lots 1 and 2 as Amy suggested, however the-Aspen
Land"Use Regulations prohibit the lease of the tennis
courts•to the Gant unless they are subdivided from Lots
1 i and 2
2. Growth Management Quota System Exemption, pursuant• to
Section 8 -104 A.1 [e] - The applicant requests a GMQS
exemption to create the tennis court lot .(Lot 3). The
lot will be deed restricted against any further
development, owned by the homeowners and leased to the
Gant.
ALICE DAMS, RM S GLENN HORN, AICP
300 EAST HYMAN • SUITE B • ASPEN, COLORADO 84611 • 303/925 -6587
Kim Johnson and Amy Margerum.
March 13, 1991
.Page 2
3.. Residential Growth Management. Quota System Exemption
(GMQS) for a Lot Split pursuant to Section 8 -104 C.1. (a]-
The' applicant request a lot split GMQS exemption for Lots
1 and 2.
4. Unincorporated Land - The applicant commits 'to deed
restrict the unincorporated land against any .future
development. The unincorporated land will not be used to
calculate maximum potential site development.• Since the
land will be deed restricted against future development
it I should -not be necessary to process a subdivision
exemption with the County.
We have discovered a two foot survey discrepancy on the east.
property line bordering the City Park. Rick Neiley, Peter
Coventry's Attorney, will contact Jed Caswall to., resolve this
problem._
David Finholm is preparing a north elevation drawing of the
subdivision as viewed from Ute Avenue. I will contact you to let.
you know when the drawing will be completed.
Thank your for being so cooperative with this application. Give me
a call if. you have any questions.
Sincerely,
DAVIS HORN INCORPORATED
GLENN HORN AICP
cc: Rick Neiley
March 18, 1991
Tim Whitsitt
Cindy Houben
Pitkin County
506 E. Main S
Aspen, Colora
OTTACHMENT ►►D"
Davis H • APPRAISING • REAL ESTATE CONSULTING
81611
Re: 1001 UtelAvenue Subdivision /PUD
Dear Tim and Ci
C r�c�� IEod(P
I represent Peter Coventry, the applicant for.the 1001 Ute Avenue::
Subdivision /PUD. The subject site is split. by the Aspen City
limits. Approximately.2.7 acres are located within the City and
the remaining 4.05 acres are located in unincorporated Pitkin
County.;
Within his land use application to the City of Aspen, the applicant
has committed to deed restrict the unincorporated portion' of the
site against any future development. This restriction would be
noted on the-City approved subdivision plat.
Previously, the applicant had contemplated conveying the
unincorporated parcel to a third party, perhaps, Park Trust Ltd.
The staff felt that it may be appropriate for the applicant to
obtain a subdivision exemption from the County prior to conveying
the parcel to a non - profit organization. In light of the
applicant's decision to deed restrict the unincorporated land
rather than conveying it to a third party, I do not believe that it
is necessaryjto obtain County land use approvals for this site:
Do you concur, me. The City Planning `and \Zoning Commission will be
considering the 1001 Ute Avenue Subdivision /PUD on April 2, 1991.
It would be very helpful it-you could let me know what you think
about this situation prior to the City public hearing.
Thanks for
. Sincerely,
DAVIS HORN INCO.
A-9— ,
GLENN HORN AICP
cc: Rick Neiley
help. Give me a call if you have any questions.
C
ALICE DAMS. RM S GLENN HORN, A)CP
300 EAST HYMAN • SUITE B -,ASPEN, COLORADO 81611 303/925-6587
• •
Attachment "B"
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF 8040 GREENLINE REVIEW, CONDITIONAL USE FOR
ACCESSORY DWELLING UNITS, AND RECOMMENDATION FOR APPROVAL OF
SUBDIVISION AND FINAL PUD DEVELOPMENT PLAN FOR THE 1001 UTE
AVENUE PROJECT
Resolution No. 91 -11
WHEREAS, Peter Conventry submitted an application for 8040
Greenlinel review, Conditional Use for Accessory Dwelling Units,
Subdivision, Final PUD. Development Plan, and Subdivision
Exemption for a Lot Split for the parcel located at 1001 Ute
Avenue, a metes and bounds parcel which is a portion of the 1001
mining claim; and-.
.WHEREAS, the Engineering Department, Environmental Health
Department, Sanitation District, Fire Marshal, Pitkin County
Planning, and the City Attorney reviewed the application and
forwarded referral comments to the Planning Office; and
WHEREAS, the Planning Office reviewed the referral comments
and forwarded to the Commission a recommendation for approval
with conditions; and
WHEREAS, The Planning and Zoning Commission met on April 2,
1991 at a noticed public hearing and having considered the
Planning iOffice's recommendation and referral comments, voted 7 -0
to approve 8040 Greenline review and Conditional Use pursuant to
Sections 7 -503 and 5 -508 of the Aspen Land Use Code with
conditions; and
WHEREAS, with the same 7 -0 vote the Planning and Zoning
Commission also recommended to City Council approval of
Subdivision and, Final PUD Development Plan with conditions
pursuant to the standards in Division 9 and 10 of the Aspen Land
Use Code.
NOW,I THEREFORE BE IT RESOLVED that the Commission approves
8040 Greenline review for 1001 Ute Avenue with the following
conditions:
1) The grading plan must be, changed so that any grade
alterations must be completely contained within the property
lines of this parcel.
2) When this property is connected to the City's water system,
any water rights associated with this _property shall be
conveyed to the City..
3) Calculations for the drywell must be submitted to the
Engineering Department.
4) Construction techniques for rockfall mitigation suggested by
Nick Lampiris must be approved and inspected by staff.
Positive drainage should be done at the rear of the homes
1
To: Kim
ASPEN *PITKIN
NTAL HEALTH DEPARTMENT
Johnson, Planning Office
From: Environmental Health Department
Date: December 12, 1990
Re: 1001 Ute Avenue Subdivision Exemption for
Consolidated PUD, 8040 Greenline Review,
Use Review and GMQS Exemption
Parcel ID# 2737 - 182 -00 -063
DEC 1 31990 z
a Lot Split,
Conditional
The Aspen /Pitkin Environmental Health Department has reviewed the
above - mentioned land use submittal for the following concerns.
The authority for this review is granted to this office by the
Aspen /Pitkin Planning Office as stated in Chapter 24 of the Aspen
The applicant has agreed to serve the project with public sewer
as provided by the Aspen Consolidated Sanitation District. This
conforms with Section 1 -2.3 of the Pitkin County Regulations On
IndividualFSewaae Disposal Systems policy to "require the use of
public sewer systems wherever and whenever feasible, and to limit
the installation of individual sewage disposal systems only to
areas thatlare not feasible for public sewers ".
C�The applicant has agreed to serve the project with water provided
by the Aspen Water Department distribution system. This conforms
with Section 23 -55 of the Aspen Municipal Code requiring such
projects "which use water shall be connected to the municipal
water utility system ".
Provision 'of two accessory dwelling units (if deed restricted for
employees) will have a beneficial potential air quality benefit
by providing employee housing so close to the downtown area.
Provision of employee housing so close to downtown is one of the
best air quality measures that can be employed, by making it
uneccessary to use a car.
Granting of an easement for the nordic /bike trail also has an
potential air quality benefit by encouraging alternative types of
transportation.
130 South Galena Street Aspen, Colorado 81611 303/920 -5070
1001 Ute Subd Exemption
December 12!, 1990
Page 2 1
However, use of a driveway snowmelt system has a large negative
air quality benefit. This is due to the contribution of natural
gas to global warming (or electricty generation if an electric
snowmelt system were used) . Snowmelt systems use a very large
amount of energy to accomplish a task which can be done in other,
more envilronmentally beneficial ways. We would strongly
encourage the applicant to forego the use of such a system. If a
snowmelt system is insisted on, we urge the applicant to use a
solar snowmelt system instead of a gas or electric one. While
this site does not have good Isun exposure, the applicant should
investigate the use of solar collectors or solar panels to melt
the snow on driveways.
Another measure which would minimize the air quality impacts of
this project would be use of high- efficiency compact fluorescent
lights both inside and outside the project. These lights use so
much less energy that they result in less air pollution from
electricity generation.
Each of the two buildings (containing a single family home and
attached caretaker unit) is allowed two gas log fireplaces (or
one gas log fireplace and one certified woodstove) and unlimited
numbers of natural gas fireplace appliances.
NOISE•
Noise generated during construction will have an impact on the
immediate neighborhood. However, long term impacts are not
anticipated given the residential use of the property.
Should this office receive complaints, Chapter 16 of the Aspen
Municipal Code - Noise Abatement, will be the document used in
the investiaation.
None that are enforced by this office.
The applicant is advised to contact this office for comment
1 should mine waste, waste rock or mine dumps be encountered during
the excavation phase of the project. Disposal of such materials
off -site is discouraged due to the possibility of excessive heavy
metals being present in the soil.
This is not a requirement, but simply a, request based on past
experience in dealing with mine waste and possible negative
impacts to humans.
1001 Ute Subd Exemption
December 12, 1990
Page 3
This office has had conversations with the applicant regarding
the proper handling of soils on the site which contain greater
than 1000 parts per million (PPM) lead. The applicant is
familiar with the Environmental Protection Agency recommended
remedy for soils with similiar contamination at the base of
Smuggler Mountain. The remedy proposed in the Chen - Northern, Inc
reports which recommends the retention on -site of all
contaminated material, and covering the contaminated soils with
clean fill material to a depth of between 2 and 3 feet is
acceptable to this office. Clean fill shall not have
concentrations of lead above 2501 PPM. . This is the same remedy
suggested in the October 18, 1989 8040 Greenline Review done, by
this office on the same property.
M E M O R A N D U M
TO: KIM JOHNSTON, PLANNING DEPARTMENT
FROM: LARRY BALLENGER, WATER DEPARTMENT
DATE: DECEMBER 5, 1990
SUBJECT: 1001 UTE AVENUE
I have reviewed the Planned Unit Development /Subdivis ion .Exemption
Application from FMG Incorporated. The Water Department has the
same concern with this application as it has with the 1986 and 1988
Submittals. If a developer is going to extend a water.main within
the City of Aspen or the Aspen Water Service Area, that water main
extension must follow the criteria established - -in Aspen's Water
Main Extension Policy. Specifically, looping the new system into
an existing system.
In the past, the developer was not able to reach agreement with the
neighboring property, "The Aspen Chance ", to obtain an easement to
effect a connection with the existing 6" installation on their
property. FMG President, Neal Myers, developed the Aspen Chance
property. Since he is developing the 1001 Ute property, maybe a
way can be found to now loop this proposed system.
Kim, if this water system looping would be the only hold on this
property, I would permit the proposed "dead end ", 8" installation.
The Water Department would like to see the looped system, but we
also appreciate the hassals of obtaining easement /right -of -ways on
private property.
Fire hydrant 742, located at 1010 Ute Avenue, flows at 2985 gallons
per minute with a static head of. 82.0 PSI. There would be
sufficient flows, pressures, and volumes to supply this
development.
LB- 11
N
MEMORANDUM DEC _ A i990
TO: City Attorney
City Engineer
Housing Director
Aspen Water Department
Environmental Health Department
,Aspen Consolidated Sanitation District
Parks Department
Fire Marshal
FROM: Kim Johnson, Planning Office
l
RE: 100 #1 Ute.Avenue Subdivision Exemption for a Lot Split,
Consolidated PUD, 8040 Greenline Review, Conditional
Use Review and GMQS Exemption
Parcel ID# 2737- 182 -00 -063
'DATE: December 3, 1990
----------------------------------------------------------------
Attached for your review and comments is an application from Neal*
Myers requesting approval for a Lot Split etc..
Please .return your. comments to me no later than December 281
1990. Thank you.
Ail
0
ASPEN *PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
•:1
MEMORANDUM
To: Kim Johnson, Planning Office
From: Environmental Health Department
Date: December 12, 1990
Re: 1001 Ute Avenue Subdivision Exemption for a Lot - Split,
Consolidated PUD, 8040 Greenline Review, Conditional
Use Review and GMQS Exemption
Parcel ID# 2737 - 182 -00 -063
--------------- - - - - --
The Aspen /Pitkin Environmental Health Department has reviewed the
above- mentioned .land use submittal for the following concerns.
The authority for this review is granted to this office by the
Aspen /Pitkin Planning Office as stated in Chapter 24 of the Aspen
Municipal Code.
SEWAGE TREATMENT AND COLLECTION:
The applicant has agreed to serve the project with public sewer
as provided by the Aspen Consolidated Sanitation District. 'This
conforms with Section 1 -2.3 of the Pitkin County Regulations On
Individual Sewage Disposal Systems policy to "require the use of
public sewer systems wherever and whenever feasible, and to limit
the installation of individual sewage disposal systems only to
areas that are not feasible for public sewers ".
ADEQUATE PROVISIONS FOR WATER NEEDS:
The applicant has agreed to serve the project with water provided
by the Aspen Water Department distribution system. This conforms
with Section 23 -55 of the Aspen Municipal Code requiring such
projects "which use water shall be connected to the municipal
water utility system ".
AIR QUALITY:
Provision of two accessory dwelling
employees) will have a beneficial
by providing employee housing so
Provision of employee housing so c]
best air quality measures that ca
uneccessary to use a car.
units (if deed restricted for
potential air quality benefit
close to the downtown area.
.ose to downtown is one of the
in be employed., by making it
Granting of an easement for the nordic /bike trail also has an
potential air quality benefit by encouraging alternative types of
transportation.
130 South Galena Street Aspen, Colorado 81611 303/920 -6070
ATTACHMENT "C"
DavilslHorn";• MAR! 4
PLANNING • APPRAISING • REAL ESTATE CONSULTING
March 13, 1991
Kim Johnson
Amy Margerum
130 South Galena Street
Aspen, Colorado 81611
Re: Amendment to the 1001 Ute Avenue Application
Dear Kim and.Amy:
I apologize for taking so long to get back to you regarding the
status of the 1001 Ute Avenue application. Neal Meyer's (FMG
Incorporated) option to acquire the property from Peter Coventry
has expired. He was unsuccessful in negotiating a new agreement
and Peter Coventry has retained all rights to the property.
Peter Coventry has decided to continue to process the application
originally submitted by Neal Meyers.,. Peter has authorized me to
officially amend the application as suggested in your February 7,
1991 letter and described below.
1. Full Subdivision /PUD - Please process the application as
a full subdivision /PUD pursuant to Sections 7 -1004 C and
7 -9 of the Aspen Land Use Regulations. The applicant will
be seeking approval for three lots. Lots 1 and 2 will
each be developed with a single - family dwelling and an
accessory unit. Lot 3, the tennis court, will be deed
restricted against any future development and serve as
the common open space for the subdivision. The land area
within Lot 3 shall not be utilized to calculate lot area
for the PUD.
We considered bisecting the tennis courts with the lot
line for Lots 1. and 2 as Amy suggested, however the Aspen
Land Use Regulations prohibit the lease of the tennis
courts to the Gant unless they are subdivided from'Lots
1 and 2.
2. Growth Management Quota System Exemption pursuant to
Section 8 -104 A.1 [e] - The applicant requests a GMQS
exemption to create the tennis court lot (Lot 3). The
lot will be deed restricted against any further
development, owned by the homeowners and leased to the
Gant.
ALICE DAVIS, RM I GLENN HORN, AICP
300 EAST HYMAN • SUITE B •ASPEN, COLORADO 81611 • 303/925 -6587
Kim Johnson and Amy Margerum
March 13, 1991
Page 2
3. Residential Growth Management Quota System Exemption
(GMQS) for a Lot Split pursuant to Section 8 -:104 C.1. [a]-
The applicant request a lot split GMQS exemption. for Lots
1 and 2.
4. Unincorporated Land The applicant commits to deed
restrict the unincorporated land against any future
development. The unincorporated land will not be used to
calculate maximum potential site development. Since the
land will be deed restricted against future development
it should not be necessary to process a subdivision
exemption with the County.
We have discovered a two foot survey discrepancy on the east
property line bordering the City Park. Rick Neiley, Peter
Coventry's Attorney, will contact Jed Caswall to resolve this
problem.
David Finholm is preparing a north elevation drawing of. the
subdivision as viewed from Ute Avenue. I will contact you to let
you know when the drawing will be completed.
Thank your for being so cooperative with this application. Give me
a call if you have any questions.
Sincerely,
DAVIS
HORN INCORPORATED
a�--
GLENN
HORN AICP
cc: Rick Neiley
NL_%G19UVL9
ATTACHMENT "D" CIS
� t�; ; 1 �
D
PLANNING • APPRAISING • REAL ESTATE CONSULTING .
March 18, 1991
Tim Whitsitt
Cindy Houben
Pitkin County
506 E. Main Street
Aspen, Colorado 81611
Re: 1001 Ute Avenue Subdivision /PUD
Dear Tim and Cindy:
I represent Peter Coventry, the applicant for the 1001 Ute Avenue
Subdivision /PUD. The subject site is split by the Aspen City
limits. Approximately 2.7 acres are located within the City,and
the remaining 4.05 acres are located in unincorporated Pitkin
County.
Within his land use application to the City of Aspen, the applicant
has committed to deed restrict the unincorporated portion of the
site against any future development. This restriction would be
noted on the City approved subdivision plat.
Previously, .the applicant had contemplated conveying the
unincorporated parcel to a third party, perhaps Park Trust Ltd.
The staff felt that it may be appropriate for the applicant to
obtain a subdivision exemption from the County prior to conveying
the parcel to a non - profit organization. In light of the
applicant's decision to deed restrict the unincorporated land
rather than conveying it to a third party, I do not believe that it
is necessary to obtain County land use approvals for this site.
Do you concur me? The City Planning and Zoning Commission will be
considering the 1001 Ute Avenue Subdivision /PUD on April 2, 1991.
It would be very helpful it you could let me know what you think
about this situation prior to the City public hearing.
Thanks..for your help. Give me a call if you have any questions.
Sincerely,
DAVIS HORN INCORPORATED
GLENN HORN AICP
cc: Rick Neiley
ALICE DAMS, RM { GLENN HORN, AICP
300 EAST HYMAN • SUITE B • ASPEN, COLORADO 84611 • 303/925 -6587
Aspen Consolidated Sanitation District DEC 1 31990
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925 -3601 Tele. (303) 925 -2537
December 11, 1990
Kim Johnson
Planning Office
130 S. Galena St.
Aspen, CO 81611
Re: 10001 Ute Avenue Lot Split
Dear Kim:
The Aspen Consolidated Sanitation District currently has
sufficient line and treatment capacity to serve this project.
There are minor downstream constraints in the Ute Avenue main
that would require the applicant's financial participation. The
applicant's share of this expense is estimated to be
approximately $6000. This cost would be in addition to our
regular connection fees.
The District would normally require the development to be served
by a short 8" line extension terminating somewhere near the
building footprints, but due to the significant surface
improvements that are being considered within and adjacent to the
private driveway, we will approve connection by either bringing
two 4" service lines down the driveway, each individually tapped
into our collection system located in Ute Avenue, or installing a
manhole at the top of the driveway with two 4" service lines
tapped into the manhole and the manhole connected to our main in
Ute Avenue by way of a 6" shared service line. In the latter case
the District requires the completion of a shared service line
agreement, copies of which are available at the District offices.
In both cases the lines would be considered private service lines
maintained by the owner.
All clear water connections such as roof and foundation drains
cannot be connected to the District's system. Surface run -off
must be collected and treated on -site or handled by the City's
storm water collection system, if available.
All associated fees must be paid and agreements recorded prior to
connection to the District system.
Sincerely,
Bruce Matherply
District Manager
cc: Glenn Horn, 300 E. Hyman, Aspen, CO
ATTACHMENT "C"
Davilstiorniinc- MAR 14 ► S]
PLANNING • APPRAISING • REAL ESTATE CONSULTING
March 13, 1991
Kim Johnson
Amy Margerum
130 South Galena Street
Aspen, Colorado 81611
Re: Amendment to the 1001 Ute Avenue Application
Dear Kim and Amy:
I apologize for taking so long to get back to you regarding the
status of the 1001 Ute Avenue application. Neal Meyer's (FMG
Incorporated) option to acquire the property from Peter Coventry
has expired. He was unsuccessful in negotiating a new agreement
and Peter Coventry has retained all rights to the property.
Peter Coventry has decided to continue to process the application
originally submitted by Neal Meyers. Peter has authorized me to
officially amend the application as suggested in your February 7,
1991 letter and described below.
1. Full Subdivision /PUD - Please process the application as
a full subdivision /PUD pursuant to Sections 7 -1004 C and
7 -9 of the Aspen Land Use Regulations. The applicant will
be seeking approval for three lots. Lots 1 and 2 will
each be developed with a single - family dwelling and an
accessory unit. Lot 3, the tennis court, will be deed
restricted against any future development and serve as
the common open space for the subdivision. The land area
within Lot 3 shall not be utilized to calculate lot area
for the PUD.
We considered bisecting the tennis courts,with the lot
line for Lots 1 and 2 as Amy suggested, however the Aspen
Land Use Regulations prohibit the lease of the tennis
courts to the Gant unless they are subdivided from Lots
1 and 2.
2. Growth Management Quota System Exemption pursuant to
Section 8 -104 A.1 [e] - The applicant requests a GMQS
exemption to create the tennis court lot (Lot 3). The
lot will be deed restricted against any further
development, owned by the homeowners and leased to the
Gant.
AUCE DAMS, RM I GLENN HORN, AICP
300 EAST HYMAN • SUITE B • ASPEN, COLORADO 81611 • 303/925 -6587
Kim Johnson and Amy Margerum
March 13, 1991
Page 2
3. Residential Growth Management Quota System Exemption
(GMQS) for a Lot Split pursuant to Section 8 -104 C.1. [a]-
The applicant request a lot split GMQS exemption for Lots
1 and 2.
4. Unincorporated Land - The applicant commits to deed
restrict the unincorporated land against any future
development. The unincorporated land will not be used to
calculate maximum potential site development. Since the
land will be deed restricted against future development
it should not be necessary to process a subdivision
em �..�,.
e s.� -.u� On'" w s: a.I2 a.1h2 i:Olin l.y. .
We have discovered a two foot survey discrepancy on the east
property line bordering the City Park. Rick Neiley, Peter
Coventry's Attorney, will contact Jed Caswall to resolve this
problem.
David Finholm is preparing a north elevation drawing of the
subdivision as viewed from Ute Avenue. I will contact you to let
you know when the drawing will be completed.
Thank your for being so cooperative with this application. Give me
a call if you have any questions.
Sincerely,
DAVIS HORN INCORPORATED
GLENN HORN AICP
cc: Rick Neiley
ATTACHMENT "D"
Davits tiorn�•
PLANNING • APPRAISING • REAL ESTATE CONSULTING
March 18, 1991
Tim Whitsitt
Cindy Houben
Pitkin County
506 E. Main Street
Aspen, Colorado 81611
Re: 1001 Ute Avenue Subdivision /PUD
Dear Tim and Cindy:
G6[�ONIC
NARK- J
I represent Peter Coventry, the applicant for the 1001 Ute Avenue
Subdivision /PUD. The subject site is split by the Aspen City
limits. Approximately 2.7 acres are located within the City and
the remaining 4.05 acres are located in unincorporated Pitkin
County.
Within his land use application to the City of Aspen, the applicant
has committed to deed restrict the unincorporated portion of the
site against any future development. This restriction would be
noted on the City approved subdivision plat.
Previously, the applicant had contemplated conveying the
unincorporated parcel to a third party, perhaps Park Trust Ltd.
The staff felt that it may be appropriate for the applicant to
obtain a subdivision exemption from the County prior to conveying
the parcel to a non - profit organization. In light of the
applicant's decision to deed restrict the unincorporated land
rather than conveying it to a third party, I do not believe that it
is necessary to obtain County land use approvals for this site.
Do you concur me? The City Planning and Zoning Commission will be
considering the 1001 Ute Avenue Subdivision /PUD on April 2, 1991.
It would be very helpful it you could let me know what you think
about this situation prior to the City public hearing.
Thanks for your help. Give ms a cull if you have any questions.
Sincerely,
DAVIS HORN INCORPORATED
.A-9—
GLENN HORN AICP
cc: Rick Neiley
ALICE DAMS, RM ) GLENN HORN, AICP
300 EAST HYMAN • SUITE B • ASPEN, COLORADO 81611 • 303/925 -6587
1001 UTE AVENUE
PLANNED UNIT DEVELOPMENT /SUBDIVISION EXEMPTION
Submitted by
FMG Incorporated
Neal Myers, President
970 Powder Lane
Aspen, Colorado 81611
Prepared by
Davis Horn Incorporated
Planning, Appraisal, Real Estate Consulting
Glenn Horn AICP, Project Manager
300 East Hyman Avenue
Aspen, Colorado 81611
(303) 925 -6587
and
David Finholm and Associates Inc.
Architecture and Land Planning
David Finholm A.I.A.
P.O. Box 2839
Aspen, Colorado 81612
(303) 925 -5713
1
TABLE OF CONTENTS
Section
Page
INTRODUCTION
1
I. BACKGROUND
4
II. EXISTING CONDITIONS
6
III. PROJECT DESCRIPTION
10
IV. LAND USE APPROVALS
18
Residential Growth Management
Quota System Exemption
18
Residential Growth Management Quota
System Exemption for an Accessory
19
Dwelling Unit
Subdivision Exemption for a Lot Split
19
Consolidated Planned Unit Development
Approval
36
Development in an Environmentally
Sensitive Area
51
Conditional Use Approval for
Accessory Dwelling Units
58
V. APPENDIX
1. September 28, 1990 Letter from Rick Neily
Authorizing Glenn Horn to Submit
Application on behalf of Peter Coventry
2.. November Letter from Neal Myers
Authorizing Glenn Horn to Submit
Application
3. Pre- application Summary Sheet
4. Title Policy
5.I Agreement with Gant Condominiums
Permitting Tennis Court Relocation
6.1 Proposed Architectural Controls
section
TABLE OF CONTENTS
7. Tom Steven's Resume
S. Bob Fletcher's Drainage Report
9. Chen and Associates 1986 Geologic Report
10. Chen and Associates 1989 Geologic Report
11. Nick Lampiris's Geologic Report
D
1
I
LIST OF TABLES
Table Page
1. 1001 Ute Avenue Development Data 13
2. Floor Area Computation 48
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
I
LIST OF FIGURES
Figure Page
1.
Existing conditions
7
2.
Site Plan
11
3.
Grading and Drainage Plan
15
4.
Slope Analysis
16
5.
Landscaping Plan
17
6.
Elevation Studies
43
IINTRODUCTION
1
Davis Horn Incorporated represents FMG Incorporated (hereinafter
"applicant ") which has obtained an option to acquire the 1001 Ute
Avenue site from the 1001 Ute Avenue Partnership. The subject site
' is located at the base of Aspen Mountain, south of Ute Avenue and
1 east of Aspen Chance Subdivision. Refer to the vicinity map on the
following page. The applicant is seeking approval to subdivide a
' portion of the 1001 mining claim (M.S. # 1741) pursuant to the lot
split provisions of the Aspen Land Use Regulations. Specifically,
the applicant is seeking the following land use approvals for the
subject site:
' 1. Residential Growth Management Quota System Exemption
(GMQS) for a Lot Split (Section 8 -104 C.a.);
A 2. Residential Growth Management Quota System Exemption
(GMQS) for an Accessory Dwelling Unit (Section 8 -104
B.d.);
' 3. Subdivision Exemption for a Lot Split (Section 7 -1003
A.2.);
e 4. Consolidated Planned Unit Development Approval (Section
7 -903);
' S. Development in Environmentally Sensitive Areas (ESA) 8040
Greenline Review (Section 7 -503); and
6. Conditional Use Approval for Accessory Dwelling Units
(Section 5 -508).
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
a rLJ)
lk
CU nom l:
f.. ° • J�'..OISi� v d "
CT
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n I .inn L� a
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i
i
This application addresses the applicant's requests within the
following sections:
I. Background;
II. Existing Conditions;
III. Project Description;
IV. Land Use Approvals; and
V. Summary.
The applicant has made every effort to thoroughly address the Aspen
Land Use Regulations. In the event that information has been
mistakenly omitted or clarifications are required, additional
information or clarifications will be provided.
3
BACKGROUND
Although the majority of the subject site is undeveloped, it has
been the subject of three previous land use applications and has
freceived an 8040 Greenline Review approval for a single - family
dwelling unit. This section of the application describes the
' previous applications for the subject site.
In December of 1986, the Aspen Development and Construction Company
submitted a residential GMQS application for a four lot
subdivision. Although the 1986 application received Conceptual
Subdivision /Planned Unit Development (PUD) approval, it was denied
' by the City for failure to meet the residential GMQS scoring
threshold. The primary objection to the application was the
proposed density.
IIn October of 1988, the Ventry Property Group submitted a Planned
' single - family residence and an accessory dwelling unit on the
property On November 21, 1989, the Aspen Planning and Zoning
Commission granted the former applicant 8040 Greenline Review
Unit Development Plan (PUD) for a Lot Split.
The application
received conceptual
land use approvals from the
City of Aspen on
January 9, 1989.
In September of 1989, the
former applicant
decided to abandon
the lot split approval process
and submitted a
8040 Greenline and
Conditional Use application
to construct one
' single - family residence and an accessory dwelling unit on the
property On November 21, 1989, the Aspen Planning and Zoning
Commission granted the former applicant 8040 Greenline Review
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
approval for one single - family dwelling unit and an accessory unit.
During the summer of 1990, FMG Incorporated acquired an option on
the subject site and decided to seek approval for a lot split to
develop two single- family dwelling units and two accessory dwelling
units. FMG, President, Neal Myers developed the Aspen Chance
Subdivision which is located immediately to the west of the subject
site. It is proposed that the 1001 lot split development be
designed as an extension of the Aspen Chance Subdivision.
5
II.
EXISTING CONDITIONS
The subject site contains a total of 6.73 acres, or approximately
293,160 square feet of land. As noted by Figure 1, Existing
Conditions, the site is bounded by Ute Avenue to the north, a City
of Aspen park and Lot 3 Hoag Subdivision to the east, Aspen
Mountain to the south and the Aspen Chance Subdivision to the east.
Lot 3 Hoag Subdivision, the Aspen Chance Subdivisions and the 1010
Ute Subdivision located to the north of Ute Avenue are developed
while the public park and Aspen Mountain are undeveloped.
Vehicular and pedestrian access to the site is from Ute Avenue.
Pedestrians, skiers and bicycle riders may access the site from the
Nordic Council's trail which traverses the south side of the
property providing direct access to the Little Nell ski slope and
Aspen Mountain Road.
Figure 1 shows that only the lower 116,590 square feet (2.7 acres)
or 39 per cent of the site is located within the City of Aspen.
' The remaining 176,570 square feet (4.05 acres) is located within
unincorporated Pitkin County and is zoned AF -1 (Agricultural
Forestry). The incorporated portion of the site is split between
' two zone districts by the 8040 topographic line. Approximately
109,110 (2.5 acres) square feet is located below the 8040 elevation
' and is zoned R -15 PUD (Moderate- Density Residential, Planned Unit
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Development). This figure includes approximately 24,040 square
feet of land leased to the Gant Condominium Association for tennis
courts. The land located above the 8040 elevation but still within
the Aspen City limits contains approximately 7,480 square feet (.15
acres) and is zoned C (Conservation).
Figure 1 shows that the site is relatively flat adjacent to Ute
Avenue. Three tennis courts which are leased to the Gant
Condominiums on a long -term basis are located on the east side of
the flat area. The flat area to the west of the tennis courts is
undeveloped. Mine tailings are located south of the tennis courts
between the 7,970 and 8,020 elevation lines. The tailings are a
product of the Lower Durant Tunnel which is located approximately
300 feet to the west. The steep slopes of Aspen Mountain are
located south of the mine tailings. The only interruptions to the
mountainside are the cuts for the Midland Railroad spur line and
the Nordic Council's trail.
Existing vegetation consists primarily of a dense stand of mature
aspen and fir located above the mine tailings and several
cottonwood, maple and seriviceberry trees located in the lower
northwest portion of the site. The slopes of Aspen Mountain are
densely vegetated with spruce trees. The Aspen Chance Subdivision
to the west has been heavily landscaped and the City park was
recently landscaped.
8
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An eight inch sanitary sewer, a 12 inch water line and electric
telephone and natural gas service are located in Ute. Avenue. An
existing fire hydrant is located across Ute Avenue near the
Inortheast corner of the site.
1
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III.
PROJECT DESCRIPTION
The applicant proposes to subdivide a portion of the project site
into two single - family lots. The remainder of the incorporated
portion of the site will be restricted against further development.
The two lots will be subject to the same architectural controls as
the lots in the Aspen Chance Subdivision.
A review of Figure 2, Site Plan, shows that the proposed lots are
to be located in the portion of the site currently occupied by the
mine tailings. The tailings will be regraded to accommodate two
single - family building envelopes and an access driveway. Due to
' the site's grade and proximity to Aspen Mountain on the south, the
driveway will be equipped with snowmelt devices. A sidewalk to the
west of the driveway will provide pedestrian access from the site
to Ute Avenue. Utilities will be extended under the driveway from
Ute Avenue and all storm water drainage will be accommodated on-
site.
To accommodate the proposed driveway alignment the applicant will
relocate the eastern tennis court to the far west side of the
tennis courts. A small retaining wall will be constructed to
stabilize the slope on the south and west sides of the tennis
courts.
10
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There will be a retaining wall between the two single - family
residences to the south of the road before the cul -de -sac.
As noted, the tennis courts are leased to the Gant Condominiums.
1
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Table 1 presents the development data for the subject site.
Pursuant to the Aspen Land Use Regulations Section 5 -506 B.2., the
site's development potential has been calculated based upon the
portion of the site located in the R -15 PUD and C zones.
12
Refer to the Appendix for a copy of an agreement between the
Gant
Condominiums and
the former property
owner which addresses
the
relocation of the
tennis courts. The
applicant has treated
the
leasehold area as
an "out- parcel" and
has not included the tennis
court area in net
area for calculating
density, floor area and
open
space.
1
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I
Table 1 presents the development data for the subject site.
Pursuant to the Aspen Land Use Regulations Section 5 -506 B.2., the
site's development potential has been calculated based upon the
portion of the site located in the R -15 PUD and C zones.
12
1
TABLE 1
1001 UTE AVENUE DEVELOPMENT DATA
1
1 13
Existing Zoning
City Land
Above 8040 Elevation
C- Conservation
Below 8040 Elevation
R -15 (PUD)
County Land
AF -1
Total Site Area (Sq.ft.)
293,160
City Land
116,590
C- conservation
7,480
R -15 (PUD)
109,110
County Land
177,850
Minimum Required Lot Area /Dwelling
15,000
Proposed Lot Area
Lot 1
46,880
Lot 2
45,670
Maximum Allowable Floor Area (Sq.Ft.)
10,270
Minimum Required Open Space
None
Proposed Site Coverage (Sq.Ft.)
Building Envelopes
18,065
Access Driveway
11,000
Open Space
63,490
Tennis Court Lease
24,040
Minimum Required Parking
1 Space /Bedroom
Proposed Parking
14 Spaces
source: Davis Horn Incorporated and
Aspen Survey Engineers,
November 1990
1
1 13
Typically, building height is measured from natural grade. As
previously noted, mine tailings are located on a portion of the
subject site. Due to the mine tailings it is very difficult to
establish natural grade. The applicant proposes to measure
building height from finished grade. The proposed building heights
' will not exceed the height of the house located on Aspen Chance Lot
6. Refer to Figure 3, to review the proposed final Grading and
Drainage plan.
The architectural character of the site will be based upon the
architectural controls in the Appendix. As noted in the
guidelines, building materials will be restricted to woodsiding,
shingles, stone, glass and cedar shingles for pitched roofs. The
building materials will be similar to the materials used in the
Aspen Chance Subdivision.
Figure 5 illustrates the Landscaping Plan for the subject site.
All mine tailings on the site will be covered according to the
recommendations of the Environmental Health Department and sodded
with a native mix and wildflowers. Landscaping shall consist of
0 aspen, crabapple, and spruce trees and seasonal flowering plants.
Irrigation systems shall be provided to insure the survival of all
landscaping.
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IA
ILAND USE APPROVALS
This section of the application establishes and responds to the
pertinent land use criteria from the Aspen Land Use Regulations.
The land use criteria are noted in bolded print. The following
sections of the Regulations are addressed:
1. Residential Growth Management Quota System Exemption
(GMQS) for a Lot Split (Section 8 -104 C.a.);
2. Residential Growth Management Quota System Exemption
(GMQS) for an Accessory Dwelling Unit (Section 8 -104
B.d.);
3. Subdivision Exemption for a Lot Split (Section 7 -1003
A.2.) ;
4. Consolidated Planned Unit Development Approval (Section
7 -903);
5. Development in Environmentally Sensitive Areas (ESA) 8040
Greenline Review (Section 7 -503); and
6. Conditional Use Approval for Accessory Dwelling Units
(Section 5 -508).
IResidential Growth Management Quota System Exemption
Section S - 104.C.1.a. Lot Split.
The development of one (1) detached residential dwelling on a
vacant lot formed by a lot split granted subsequent to November 14,
1977 pursuant to Section 7- 1003(a)(2). In order to be eligible for
this exemption, the property need not contain any development on
the original lot.
If the City Council approves the proposed application the two lots
on the subject will have been created after November 14, 1990 and
18
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the land will qualify for the Growth Management Quota System
Exemption.
Residential Growth Management Quota System Exemption
for an
Accessory Dwelling Unit
Section 8 -104 B.d. Accessory Dwelling Units.
The development of no more than one Accessory Dwelling Unit per
each dwelling unit on a parcel containing a detached residential
unit or a duplex.
The Planning and Zoning Commission may approve a Growth Management
Quota System Exemption for an accessory dwelling unit subject to
conditional use approval. As noted above the Regulations do not
establish any criteria for granting the exemption.
Subdivision Exemption for a Lot Split
Section 7 -1003 A.2 Lot Split.
The split of a lot for the purpose of the development of one (1)
detached single - family dwelling on a lot formed by a lot split
granted subsequent to November 14, 1977, where all of the following
conditions are met.
a. The land is not located in a subdivision approved by either
the Pitkin County Board of County Commissioners or the City
Council, or the land is described as a metes and bounds parcel
which has not been subdivided after the adoption of subdivision
regulations by the City of Aspen on March 24, 1969;
A review of the title commitment located in the Appendix shows that
the subject site is comprised of a portion of the 1001 mining claim
and an unplatted parcel described by meets and bounds created prior
to the adoption of the City's subdivision regulations.
1 19
1
b. No more than two (2) lots are created by the lot split, both
lots conform to the requirements of the underlying zone district
and the applicant commits that any lot for which development is
proposed will contain an Accessory Dwelling Unit. When there is
demolition on the property which makes it subject to the provisions
of Art. 5, Div. 7, Replacement Housing Program, the standards of
that program shall supersede these requirements;
Only two lots will be created. The applicant has applied for
Conditional use approval to construct an accessory dwelling unit
within each of the proposed single - family dwelling units. There
presently are not any dwelling units located on the site.
C. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this
article or a I'lot split') exemption pursuant to Sec. 8 -104 (C) (1) (a) ;
As noted in the Section I,' Background, in 1988 the City of Aspen
considered a Lot Split application for the subject site. However,
after obtaining Conceptual approval, the applicant abandoned the
development proposal. Final City approvals were never obtained.
d. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these
lots nor will additional units be built without receipt of
applicable approvals pursuant to this Article and growth management
allocation pursuant to Art. 8.
The applicant has submitted a draft final subdivision plat with
this application and applied for a Growth Management Quota System
Exemption. No additional development is proposed for the subject
site.
IIn addition to complying with the preceding review criteria, the
1 20
Aspen Land Use Regulations require compliance with the specific
City subdivision design standards. The following section responds
to the standards which are bolded.
7 -1004 C.(1) General Requirements
a. The proposed subdivision shall be consistent with the Aspen
Area Comprehensive Plan.
The 1973 Aspen Land Use Plan designates the subject site as "Mixed
Residential." The intent of the "Mixed Residential" land use
category is to allow for a mix of residential land uses
interspersed with limited amounts of office and tourist
accommodation uses. Residential densities are to decrease as the
distance from downtown Aspen increases. The proposed development
is consistent with the intent of the Plan. The proposed two lot
subdivision is below the maximum permitted density.
The Aspen Area Comprehensive Plan: Parks /Recreation /Open
Space /Trails Element identifies a pedestrian/ nordic trail along the
base of Aspen Mountain. The applicant will dedicate a 12 foot
public tail easement corresponding with the existing trail
alignment.
C. The proposed _subdivision shall be consistent with the
character of existing land uses in the area.
The proposed development will be consistent with the character of
the Aspen Chance Subdivision, but shall be far less dense than the
1010 Ute Subdivision and the Gant Condominiums which are located to
21
the north.
d. The proposed subdivision shall not adversely affect the future
development of surrounding areas.
The proposed development should not adversely affect the future
development of the surrounding areas.
e. The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
This application has demonstrated compliance with applicable
sections of the Aspen Land Use Regulations.
7 -1004 C.(2) Suitability of Land for Subdivision
a. Land suitability.
The proposed subdivision shall not be located on land unsuitable
for development because of flooding, drainage, rock. or soil creep,
mudflow, rockslide, avalanche or snowslide, steep topography or any
other natural hazard or other condition that will be harmful to the
health, safety, or welfare of the residents in the proposed sub -
division.
Refer to responses to the 8040 Greenline review criteria for a
detailed discussion of these issues.
b. Spatial pattern efficient.
The ro osed subdivision shall not be designed to create spatial
P P g P
patterns that cause inefficiencies, duplication or premature
extension of public facilities and unnecessary public costs.
The proposed development is located several blocks from the Aspen
Mountain Gondola and downtown Aspen. The proposed subdivision is
readily accessible to public facilities which are already in
existence.
22
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■ Section 7 -1004 C.(3) Improvements.
a. Required improvements. The following improvements shall be
provided for the proposed subdivision..
' (1) Permanent survey mon umen t s, range points, and lot pi ns.
Permanent survey monuments will be located when the site is
surveyed for the final plat.
(2) Paved streets, not exceeding the requirements for paving and
improvements of a collector street.
The driveway serving the proposed buildings shall conform to City
of Aspen standards.
�1
(3) Curbs, gutters, and sidewalks.
Curb and gutter shall be installed between the boundary of the
subject site and Ute Avenue if required by the City. The applicant
agrees to join an Improvement District to construct a sidewalk on
the south side of Ute Avenue in the event a district is formed.
(4) Paved alleys.
There are not any alleys on the subject site.
(5) Traffic - control signs, signals or devices.
Such devices are not necessary.
(6) Street lights.
There will be no street lights.
23
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(7) Street name signs.
There are no new streets.
(8) Street trees or landscaping.
The landscaping plan is depicted in Figure 5.
(9) Water lines and fire hydrants.
Water service will be provided to the proposed development via a
new eight inch water main connected to the existing 12 inch main
located in Ute Avenue. The proposed water main will be extended
along the entry drive to the cul -de -sac. Water from the eight inch
main to the houses will be via individual water lines. A fire
hydrant will be located at the terminus of the eight inch line.
Ideally, the water line serving the site should be connected to the
water line in the Aspen Chance Subdivision to provide loop service
to the 1001 property and Aspen Chance. The applicant has attempted
to convince the homeowners in Aspen Chance to permit such a
connection. However, the homeowners are reluctant to tear up
mature landscaping to install a new water line. The applicant is
willing to reserve a water line easement through the west side of
the subject side to provide for a looped water line in the event
the Aspen Chance homeowners choose to upgrade their water system.
r
(10) Sanitary sewer lines.
The building will be connected to the existing line in Ute Avenue.
24
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According to Tom Bracewell of. the Aspen Consolidated sanitation
District the line can accommodate the development.
(11) Storm drainage improvements and storm sewers.
Historic drainage on the site will be maintained.
(12) Bridges or culverts.
Not applicable.
(13) Electrical lines.
�. All electrical lines will be placed underground.
(14) Telephone lines.
All telephone lines will be placed underground.
(15) Natural gas lines.
Natural gas lines will be placed underground.
(16) Cable television lines.
Cable television lines will be placed underground.
b. Approved plans. Construction shall not commence on any of the
improvements required by Sec. 7-1004 (C) (3) (a) until a plan,
profile, and specifications have been received and approved by the
City Engineer and, when appropriate, the relevant utility company.
The required plan, profiles and specifications are shown on the
final plat.
25
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c. Oversized utilities. In the event oversized utilities are
required as a part of the improvements, arrangements for
reimbursement shall be made whereby the subdivider shall be allowed
to recover the cost of the utilities that have been provided beyond
the needs of the subdivision.
Utilities will not have to be oversized.
4. Design standards. The following design standards shall be
required for all subdivisions.
Streets and related improvements. The following a. St p g standards
shall apply to streets regardless of type or size, unless the
street has been improved with paving, curb, gutter and sidewalk.
(1) Conform to plan for street extension. Streets shall conform
to approved plans for street extensions and shall bear a logical
relationship to the topography and to the location of existing or
planned streets on adjacent properties.
�. Streets shall not be extended to serve the development.
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(2) Right -of -way dedication. Right -of -way shall be dedicated for
the entire width for all local, collector and arterial
streets.
The applicant is not aware of the need for the City
to acquire
right -of -way in the area. If the need arises during
the review
process the applicant will commit to dedicate the requested right -
of -way.
1'
(3) Right -of -way width. Street and alley right -of -way widths,
curves and grades shall meet the following standards.
Minimum
Street Center Line Right -of-
Maximum
—
Classifi- Curve Way Width
Per Cent
cation Radius (ft.) (ft.)
of GradeO
Local 100 60
10
Collector 250 80
6
Arterial 625 100
5
`
Alley 50 20
5
Not applicable.
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(10) Changes in street grades. All changes in street grades shall
be connected by vertical curves of a minimum length in feet
equivalent to the following appropriate IWO value multiplied by the
algebraic difference in the street grades.
street
Classification Collector Local Arterial
"K" value for:
Crest vertical 28 16 55
curve
Sag vertical 35 24 55
curve
Not applicable.
(11) Alleys. Alleys shall be provided in / /subdivisions where
commercial and industrial development is expected, except when
other provisions are made and approved for service access.
There is no alley.
(12) Intersections. Intersections shall approximate right angles
and have a minimum tangent of fifty (501) feet on each leg. The
subdivision design shall minimize the number of local streets that
intersect arterial streets.
The Ute Avenue intersection shall be designed consistent with City
Standards.
(13) Intersection grade. Intersection grades shall not exceed four
(4%) per cent for a minimum distance of one hundred (1001) feet on
each leg. Flatter grades are desirable.
The driveway shall contain a snowmelt system to insure safety at
the Ute Avenue intersection.
14 Curb return radii. Curb return radii for local street
intersections shall be fifteen (151) feet. Curb return radii and
corner setbacks for all other types of intersections shall be based
upon the expected types of vehicle usage, traffic volumes and
traffic patterns using accepted engineering standards. In case of
streets which intersect at acute angles, appropriate increases in
28
curb return radii shall be made for the necessary turning move-
ments.
The intersection shall comply with this standard.
(15) Turn by- passes and turn lanes. Right -turn by- passes or left -
turn lanes shall be required at the intersection of arterial
streets or the intersection of an arterial street with a collector
street if traffic conditions indicate they are needed. Sufficient
right -of -way shall be dedicated to accommodate such lanes when they
are required.
Not applicable.
(16). Street names and numbers. When streets are in alignment with
existing streets, any new streets shall be named according to the
streets with which they correspond. Streets which do not fit into
an established street- naming pattern shall be named in a manner
which will not duplicate or be confused with existing street names
within the City or its environs. Street numbers shall be assigned
by the City Building Inspector in accordance with the City
numbering system.
Not applicable.
(17) Installation of curb, gutter, sidewalks, or driveways. No
finish paving, curb, gutter, sidewalks or driveways shall be
constructed until one (1) year after the installation of all
subsurface utilities and improvements.
The applicant will comply with this standard.
(18) Sidewalks. Sidewalks shall be eight (81) feet wide in all
Commercial Core (CC), Commercial (Cl), Neighborhood Commercial
(NC), and Commercial Lodge.(CL) Zone Districts and five (51) feet
wide in all other Zone Districts where sidewalks are required.
Consideration shall be given to existing and proposed landscaping
when establishing sidewalk locations.
_ The applicant shall agree to join an improvement district to
construct a sidewalk on Ute Avenue in the event one is formed.
(19) City specifications for streets. All streets and related
improvements shall be constructed in accordance with City
specifications which are on file in. the office of the City
Engineer.
The applicant will adhere to the standards.
1 29
(20) Range point monuments. Prior to paving any street, permanent
range point monuments meeting the standards of Sec. 7 -1004 (C) (4) (d)
shall be installed to approximately finished grade. Permanent
range point boxes shall be installed during or as soon as
practicable after paving.
Not applicable.
(21) Street name signs. Street name signs shall conform to the
type currently in use by the City.
Not applicable.
(22) Traffic control signs. Any required traffic - control signs,
signals or devices shall conform to the "Manual of Uniform Traffic
Control Devices.@
Not applicable.
(23) Street lights. Street lights shall be placed at a maximum
spacing of three hundred (3001) feet. Ornamental street lights are
desirable.
Not applicable.
(24) Street tree. One (1) street tree of three -inch (311)
caliper for deciduous trees measured at the top of the ball or root
system, or a minimum of six -foot (61) height for conifers, shall be
provided in a subdivision in residential Zone Districts for each
lot of seventy foot (701) frontage or less, and at least two (2)
such trees shall be provided for every lot in excess of seventy
feet (701) frontage. Corner lots shall require at least one (1)
tree for each street. Trees- shall be placed so as not to block
sight distances at driveways or corners. The City Parks and
Recreation Department shall furnish a list of acceptable trees.
Trees, foliage and landscaping shall be provided in subdivisions in
all other Zone Districts in the City in accordance with the adopted
street landscaping plan.
The applicant shall comply with this standard.
e. Easements.
(1) Utility easements. Utility easements of ten (101) feet in
width on each side of all rear lot lines and five (51) feet in
width on each side of lot lines shall be provided where necessary.
Where the rear or side lot lines abut property outside of the
subdivision on which there are no rear or side lot line easements
at least five ( 5 1 ) feet in width, the easements on the rear and
side lot lines in the subdivision shall be twenty (201) feet and
30
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Iten (101) feet in width, respectively.
In the event the City requests a utility easement the applicant
will dedicate it.
(2) 'IT" intersections and cul -de -sacs. Easements twenty (201)
feet in width shall be provided in 'IT" intersections and cul -de-
sacs for the continuation of utilities or drainage improvements, if
necessary.
Not applicable.
(3) Potable water and sewer easements. Water and sewer easements
shall be a minimum of twenty (201) feet in width.
The applicant will provide a water line easement on the west side
Q of the site to access the Aspen Chance Subdivision's water system.
(5) Irrigation ditch, channel, natural creek. where an irrigation
ditch or channel, natural creek or stream traverses a subdivision,
an easement sufficient for drainage and to allow for maintenance of
the ditch shall be provided.
Not applicable.
(6) Fire lanes and emergency access easements. Fire lanes and
emergency access easements twenty (201) feet in width shall be
provided where required by the City Fire Marshal.
,r Fire lanes and emergency access easements are not needed on
the site.
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(4) Planned utility
or drainage system. Whenever a subdivision
embraces any
part
of a planned utility or drainage system
designated on
an adopted plan, an easement shall be provided to
accommodate the plan
within the subdivision.
The applicant
shall
dedicate an easement for a drainage system
traversing the
south
side of the property.
(5) Irrigation ditch, channel, natural creek. where an irrigation
ditch or channel, natural creek or stream traverses a subdivision,
an easement sufficient for drainage and to allow for maintenance of
the ditch shall be provided.
Not applicable.
(6) Fire lanes and emergency access easements. Fire lanes and
emergency access easements twenty (201) feet in width shall be
provided where required by the City Fire Marshal.
,r Fire lanes and emergency access easements are not needed on
the site.
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1
(7) Planned street or transit alignment. Whenever a subdivision
embraces any part of an existing or planned street or transit
alignment designated on an adopted plan, an easement shall be
provided to accommodate the plan within the subdivision.
Not applicable.
,I
(8) Planned trail system. Whenever a subdivision embraces any part
of a bikeway, bridle path, cross country ski trail or hiking trail
designated on the Aspen Area Comprehensive Plan: Parks /Re-
creation /Open Space /Trails Plan Map, an easement shall be provided
to accommodate the plan within the subdivision.
The applicant shall dedicate a 12 foot wide trail easement for the
Aspen Mountain trail.
c. Lots and blocks.
(1) General. Lots shall meet all applicable regulations of this
chapter.
Not applicable.
(2) Side lot lines. Side lot lines shall be substantially at
right angles or radial to street lines.
Not applicable.
r (3) Reversed corner lots and through lots. Reversed corner lots
and through lots shall be prohibited except where essential to
provide separation from arterial streets because of slope, or to
prevent the development of incompatible land uses.
Not applicable.
(4) Front on street. All lots shall front on a public or private
street.
Both lots front on a private or public street.
32
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(5) state Highway 82. No lot shall front on, nor shall any
private driveway access to state Highway 82.
Not applicable.
(6) Block lengths. Block lengths shall normally be at least four
hundred (4001) feet in length and not more than one thousand four
hundred (1,4001) feet in length between street intersections.
Not applicable.
(7) Compatibility. Block lengths and widths shall be suitable for
the uses contemplated.
Not applicable.
(8) Mid -block pedestrian walkways. In blocks over five hundred
(5001) feet long, mid -block pedestrian walkways shall be provided.
Not applicable.
O' f. survey monuments.
(1) Location. The external boundaries of all subdivisions, blocks
and lots shall be monumented on the ground by reasonably permanent
monuments solidly embedded in the ground. These monuments shall be
set not more than fourteen hundred (1,4000 feet apart along any
straight boundary line, at all angle points, and at the beginning,
end and points of change of direction or change of radius of any
curved boundaries.
The applicant shall comply with this standard.
(2) C.R.S. 1973 38 -51 -101. All monuments shall be set in
accordance with the provisions of C.R.S. 1973 38 -51 -101, as amended
from time to time, unless otherwise provided for in this chapter.
The applicant shall comply with this standard.
(3) Range points and boxes. Range points and boxes meeting City
specifications shall be set on the centerline of the street right-
of -way unless designated otherwise.
Not applicable.
33
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g. utilities.
(1) Potable waterlines and appurtenances. All potable waterlines,
fire hydrants and appurtenances shall meet the City's standard
specifications on file in the City Engineeres office.
The applicant shall comply with this.standard.
(2) Size of waterlines. All potable water lines shall be at least
eight (811) inches in size unless the length of the line is less
than two hundred (2001) feet. Where the potable waterline is less
than two hundred (2001) feet in length, its minimum size shall be
six (611) inches in width.
The applicant shall comply with this standard.
(3) Fire hydrants. Fire hydrants shall be spaced no farther apart
than five hundred (5001) feet in detached residential and duplex
subdivisions. Fire hydrants shall be no farther than three hundred
fifty (3500 feet apart in multi - family residential, business,
commercial, service and industrial subdivisions.
The applicant shall place a fire hydrant at the end of the water
line near the proposed building envelopes.
(4) Sanitary sewer. Sanitary sewer facilities shall meet the
requirements of the Aspen Consolidated Sanitation District.
The applicant has discussed the sanitary sewer line with the
Sanitation District and will meet the standards of the district to
connect to the line.
(5) Underground utilities. All utilities shall be placed under-
ground, except transformers, switching boxes, terminal boxes, meter
cabinets, pedestals, and ventilation ducts
The applicant shall comply with this standard.
(6) Other utilities. Other utilities not specifically mentioned
34
tshall be provided in accordance with the standards and regulations
of the applicable Utility Department or company.
' Not applicable.
(7) utilities stubbed out. All utilities shall be stubbed out at
the property line of'lots.
Not applicable.
11
h. Storm drainage.
(1) Drainage plan.
shall comply with
Management Plan.'@
The drainage plan for the proposed subdivision
the criteria in the City's "Urban Runoff
The historic drainage pattern on the site shall be maintained.
' (2) Detention storage. Short -term on -site detention storage shall
be provided to maintain the historical rate of runoff for the 100 -
year storm from the undeveloped site.
The applicant shall comply with this standard.
(3) Maintain historical drainage flow. In cases where storm
runoff from an upstream basin passes through the subdivision, the
drainage plan shall provide - adequate means for maintaining the
historical drainage system.
The historic drainage pattern shall be maintained.
(4) Calculations and quantities of flow. The drainage plan shall
include calculations and quantities of flow at the points of
concentration.
Refer to the Appendix for a copy of Bob Fletcher's letter
certifying the drainage plan for the site.
35
i. Flood hazard areas. The following standards shall apply to
special flood hazard areas as defined in Sec. 7 -504 of the
Municipal Code.
(1) The proposed subdivision design shall be consistent with the
need to minimize flood damage to public utilities and facilities
such as sewer, gas, electricity, and potable water systems;
Not applicable.
(2) Base flood elevation data shall be provided for any proposed
subdivision of at least fifty (50) lots or five (5) acres,
whichever is less.
Not applicable.
Consolidated Planned Unit Development Approval
The subject site is zoned R -15 PUD and requires Planned Unit
Development review. During the pre - application conference, Leslie
Lamont indicated that due to the limited extent of the issues
involved with this application, it would be appropriate to
consolidate the conceptual and final development plan review
processes (refer to Section 7 -903 C.3.). This section of the
application addressees the Planned Unit Development Review
Standards (Section 7 -903 B), Conceptual Development Submission
Contents (Section 7 -903 C.1.) and then the Final Development
Submission Contents (Section 7 -903 C.2).
' Section 7 -903 B.1. General Requirements.
The General Requirements for a PUD are identical to the General
' Requirements in the subdivision regulations which were addressed in
1 36
the preceding section.
Section 7 -903 B.2. Density.
a. General. The maximum density shall be no greater than that
permitted in the underlying Zone District. Furthermore, densities
may be reduced if:
1. There is not sufficient water pressure and other utilities to
service the proposed development;
There is sufficient water pressure to serve the development.
2. There are not adequate roads to ensure fire protection, snow
removal and road maintenance to the proposed development;
Ute Avenue is capable of serving the proposed development.
3. The land is not suitable for the proposed development because
of its slope, ground instability, and the possibility of mud flow,
rock falls and avalanche dangers;
Refer to the 8040 Greenline review for a detailed discussion of
these issues.
4. The effects of the proposed development are detrimental to the
natural watershed, due to runoff, drainage, soil erosion and
consequent water pollution;
The watershed will not be adversely impacted by the proposed
development.
5. The proposed development will have a deleterious effect on air
quality in the surrounding area and the City;
The proposed development will comply with the City of Aspen's air
quality regulations.
37
' 6. The design and location of any proposed structure, road,
driveway, or trail in the proposed development is not compatible
with the terrain or causes harmful disturbance to critical natural
features of the site.
The grading plan for the site has been developed based upon the
recommendations of Chen and Associates and consultations with the
eEnvironmental Health Department. The applicant proposes to
dedicate a trail easement consistent with the recommendations of
the Aspen Area Comprehensive Plan: Parks /Recreation /Trails /Open
Space Element.
b. Reduction in Density for Slope Consideration.
(1) In order to reduce wildfire, mudslide, and avalanche hazards;
' enhance soil stability; and guarantee adequate fire protection
access, the density of a PUD shall also be reduced in areas with
slopes in excess of twenty (20 %) percent in the following manner.
(2) Maximum density for the entire parcel on which the development
is proposed shall be calculated by each slope classification, and
then by dividing the square footage necessary in the underlying
(a)
For lands between zero (0%) and twenty (20 %) percent
dwelling
unit.
slope, the maximum density allowed shall be that
(3)
For parcels
permitted in the underlying Zone District;
'
(b)
For lands between twenty -one (21 %) and thirty (30 %)
percent slope, the maximum density allowed shall be
reduced to fifty (50`k) percent of that permitted in the
underlying Zone District;
(c)
For lands between thirty -one (31 %) and forty (40 %)
percent slope, the density shall be reduced to twenty -
five (25 %) percent of that allowed in the underlying Zone
District; and
'
(d)
For lands in excess of forty (40 %) percent slope, no
density credit shall be allowed.
(2) Maximum density for the entire parcel on which the development
is proposed shall be calculated by each slope classification, and
then by dividing the square footage necessary in the underlying
' District, the density reduction calculation shall be performed
separately on the lands within each Zone District.
' 38
1
Zone
District per
dwelling
unit.
(3)
For parcels
resting
in more than one (1) underlying Zone
' District, the density reduction calculation shall be performed
separately on the lands within each Zone District.
' 38
1
(4) Density shall be further reduced as specified in Article 3,
Definition of Lot Area.
The subject site contains steep slopes. Refer to Figure 4 for
a slope analysis prepared by Tom Stevens of the Stevens Group.
Section 7 -903 C.2.1.10. of the Aspen Land Use Regulations requires
a registered land surveyor, registered landscape architect or
registered engineer to perform slope analysis of topographic maps.
Tom Stevens is a landscape architect but is not registered because
the State of Colorado does not register landscape architects. The
City Attorney was advised of this oversight in the Aspen Land Use
Regulations and advised the applicant to submit a statement of
Stevens qualifications to prepare the slope analysis. Refer to the
Appendix for a copy of Tom's resume.
Tom Stevens has calculated that the City portion of the site
contains 115,310 square feet of land. This figure deviates from
the parcel size calculated by Aspen Survey Engineers by one per
cent and is considered to be an acceptable deviation. The lower
figure has been utilized in the slope density reduction
calculation.
Based upon the slope analysis in Figure 4, approximately 75,210
square feet of the total site area remains for density calculation.
After subtracting the Gant Leasehold parcel, approximately 51,168
square feet of land area is available for calculating maximum
allowable density. Based upon the R -15 zone district's minimum lot
area requirement of 15,000 square feet per detached residence, a
W
maximum of three single - family dwelling units are permitted on the
subject site.
a
0
Section 7 -903 B.3. Land Uses.
p The land uses permitted shall be those of the underlying Zone
District. Detached residential units may be authorized to be
clustered in a zero lot line or row house configuration, but multi-
family dwelling units shall only be allowed when permitted by the
underlying Zone District.
DThe applicant is proposing single - family dwellings containing
accessory dwelling units.
Section 7 -903 B.4. Dimensional Requirements.
Variations to dimensional requirements are not requested.
Section 7 -903 B.4. Off - street Parking. Note that Regulations are
( g
numbered incorrectly).
Variations to off - street parking requirements are not requested.
aSection 7 -903 B.5. Open Space.
The R -15 zone district does not require common open space.
a
1
Section 7 -903 B.6. Landscape Plan.
There shall be approved as part of the Final Development Plan a
landscape plan, which exhibits a well designed treatment of
exterior spaces. It shall provide an ample quantity and variety of
ornamental plant species that are regarded as suitable for the
Aspen area climate.
Refer to Figure 5 for a copy of the landscape plan.
40
Section 7 -903 B.7. Architectural Site Plan.
There shall be approved as part of the Final Development Plan an
architectural site plan, which ensures architectural consistency in
the proposed development, architectural character, building design,
and the preservation of the visual character of the City. It is
not the purpose of this review that control of architectural
character be so rigidly enforced that individual initiative is
stifled in the design of a particular building, or substantial
additional expense is required. - Architectural character is based
upon the suitability of a building for its purposes, upon the
appropriate use of materials, and upon the principles of harmony
and proportion of the building with each other and surrounding land
uses. Building design should minimize disturbances to the natural
terrain and maximize the preservation of existing vegetation, as
well as enhance drainage and reduce soil erosion.
Refer to Figure 6 for a conceptual elevation of the subject site
as viewed from Ute Avenue. Refer to the Appendix to review the
proposed architectural controls.
Section 7 -903 B.S. Lighting.
All lighting shall be arranged so as to prevent direct glare or
hazardous interference of any kind to adjoining streets or lands.
All lighting shall comply with this standard.
Section 7 -903 B.9. Clustering.
Clustering of dwelling units is encouraged.
The dwelling units have been clustered at the base of Aspen
Mountain.
Section 7 -903 B.10 Public Facilities.
The proposed development shall be designed so that adequate public
facilities will be available to accommodate the proposed
development at the time development is constructed, and that there
will be no net public cost for the provision of these public
facilities. Further, buildings shall not be arranged such that any
41
structure is inaccessible to emergency vehicles.
The applicant is proposing to dedicate a trail along the base of
Aspen Mountain. The proposed development will have negligible
impact on public facilities.
Section 7 -903 B.11 Traffic and Pedestrian circulation
a. Every dwelling unit, or other land use permitted in the
Planned Unit Development (PUD) shall have access to a public street
either directly or through an approved private road, a pedestrian
way, or other area dedicated to public or private use.
The proposed dwelling units access Ute Avenue via a private
driveway.
b. Principal vehicular access points shall be designed to permit
smooth traffic flow with controlled turning movement and minimum
hazards to vehicular or pedestrian traffic. Minor streets within
the Planned Unit Development (PUD) shall not be connected to
streets outside the development so as to encourage their use by
through traffic.
The driveway accessing the subdivision shall intersect Ute Avenue
at a "T" intersection. The driveway terminates at a cul -de -sac
within the subdivision.
C. The proposed development shall be designed so that it will not
create traffic congestion on the arterial and collector roads
surrounding the proposed development, or such surrounding collector
or arterial roads shall be improved so that they will not be
adversely affected.
The proposed development will have insignificant traffic impacts on
Ute Avenue and adjoining City streets.
42
I IKUP
IL
- 1
d. Every residential building shall not be farther than sixty
(601) feet from an access roadway or drive providing vehicular
access to a public street.
The buildings will be located within 60 feet of the private
driveway.
e. All non - residential land uses within the Planned Unit
Development (PUD) shall have direct access to a collector or
arterial street without creating traffic hazards or congestion on
any street.
Not applicable.
f. Streets in the Planned Unit Development .(PUD) may be dedicated
to public use or retained under private ownership. Said streets
and associated improvements shall comply with all pertinent City
regulations and ordinances.
The driveway accessing the PUD shall be retained under private
ownership.
7 -903 C.1.a. Conceptual Development Plan: Contents of Application
1. The general application information required in Common
Procedures, Sec. 6 -202.
All submission requirements identified in this section have been
submitted.
2. A conceptual description
Development (PUD). This shall
statement of the objectives to
development and a conceptual di
building heights and locations,
features, and accessways;
of the proposed Planned Unit
include but not be limited to a
be achieved by the planned unit
ascription of proposed land uses,
landscaping, open space, natural
Refer to Section III of the application, Project Description, for
a conceptual description of the application. Refer to Figure 5 for
44
t
Qthe landscaping plan.
3. A statement conceptually outlining how the proposed PUD
development will be served with the appropriate public facilities,
a and how assurance will be made that those public facilities are
available to serve the proposed development;
0 All utilities serving the subject site will be placed underground
and will be buried in compliance with the standards of the local
0 utility companies. Water will be provided by an eight inch line
linking to Ute Avenue. Sewage will be collected within a six inch
line and connect to the eight inch line in Ute Avenue. Electrical,
telephone and natural gas will be extended from the lines located
in Ute Avenue. The site will be accessed via a 20 foot wide
private access driveway from Ute Avenue. The driveway will be
constructed of concrete and will include curb, gutter and sidewalk
on the west side. A snow melt system will be installed in the
driveway. Fire protection will be provided by the Aspen Volunteer
Fire Department. A fire hydrant will be located at the end of the
driveway at the turnaround area. The turnaround area will be
capable of accommodating emergency vehicles.
4. A conceptual site plan.
Refer Figure 1 for the Existing Conditions map. Refer to Figure 2
for the Site Plan and Figure 5 for the Landscaping Plan.
7 -903 C.1.b Effect of approval of Conceptual Development Plan.
Approval of a Conceptual Development Plan shall not constitute
final approval for a Planned Unit Development (PUD), or permission
45
ato proceed with development. Such approval shall constitute only
authorization to proceed with a Development Application for a Final
a Development Plan.
This criteria is not applicable because the applicant is seeking a
consolidated review approval.
7 -903 C.i.c. Limitation on approval of Conceptual Development
Plan.
A Development Application for a Final Development Plan shall be
submitted within one (1) year of the date of approval of a
Conceptual Development Plan. Unless an extension is granted by the
City Council, failure to file such an application within this time
period shall render null and void the approval of a Conceptual
Development Plan.
This criteria is not applicable because the applicant is seeking a
consolidated review approval.
7 -903 C.2.a. Final Development Plan: Contents of Application
1. The general application information required in Common
Procedures, Sec. 6 -202.
All submission requirements identified in this section have been
submitted.
2. A detailed plan of the proposed development which includes but
is not limited to proposed land uses, densities, natural features,
internal traffic circulation plans, and off - street parking and open
space areas. The plan shall be of sufficient detail to enable
evaluation of the design features and natural features of the
proposed development. It shall show the location and floor area of
all existing and proposed buildings and other improvements
including their height, dwelling unit types and all non - residential
facilities.
During the pre - application conference, Leslie Lamont indicated that
the applicant may submit a draft of the final plat and the plat
could be finalized following approval by the City Council. Leslie
Erl
also informed the applicant's representative that details regarding
building improvements would not be required for this PUD because it
is a land subdivision. Refer to Figure 1 for a copy of the
Existing Conditions map. The plat does not show details of
proposed building improvements.
3. A statement specifying how the development complies with the
dimensional and off - street parking requirements of the underlying
Zone District on the parcel proposed for development, and a
specific listing of any variations requested from these
requirements.
The applicant proposes to provide 14 off - street parking spaces.
Refer to Table 2 for a calculation of the maximum floor area
permitted within the PUD. The data in Table 2 indicate that 10,270
square feet may be constructed in the PUD distributed between the
two lots. Lot 1 is accessed via a private drive and does not front
on a public street. The proposed east side of the house on Lot 1
will be located approximately five feet from the private drive
easement which is less than the required setback. The applicant
requests the setback requirement to be varied pursuant to the PUD
provisions of the Regulations.
4. A statement specifying the public facilities that will be
needed to accommodate the proposed development, and what specific
assurances will be made to ensure the public facilities will be
available to accommodate the proposed development.
' The applicant has proposed to grant the City of Aspen a trail
easement for the Nordic trail and an off -site drainage easement.
In the event a district is formed to construct a sidewalk on the
1 47
TABLE 2
FLOOR AREA COMPUTATION
Site Area Within City Limits
115,310
Sq.Ft.
Land Area After Slope Reduction
75,210
Sq.Ft.
Land Area After Subtraction of Gant
Leasehold Parcel
51,168
Sq.Ft.
Net Land Area Per Dwelling Unit
25,584
Sq.Ft.
Allowable Floor Area for 15,000 Square
Foot Lot
4,500
Sq.Ft.
Additional Floor Are @ 6 Square Feet
Per 100 Square Feet of Additional Lot Area
635
Sq.Ft.
Allowable Floor area for 25,910 Square
Foot Lot
5,135
Sq.Ft.
Maximum Allowable Floor Area for
Proposed Development
10,270
Sq.Ft.
---------------------- - - - --- - --
Source: Davis Horn Incorporated and the
Stevens Group November,
1990
south side of Ute Avenue, the applicant commits to participate in
the district. The applicant agrees to document these commitments
within a subdivision improvement agreement.
S. A statement outlining a development schedule specifying the
date construction is proposed to be initiated and completed, any
proposed public facilities the developer is proposing to construct,
and the phasing and construction of the proposed public facilities.
The applicant is proposing a land subdivision and does not
anticipate constructing the residences on the site, therefore it is
impossible for the applicant to specify a development schedule.
48
6. A statement of the reasonable conformance of the Final
Development Plan with the approval granted to the Conceptual
Development Plan.
This criteria is not applicable because the applicant is seeking a
consolidated review approval.
7. Preliminary elevations and drawings of proposed public
facilities that are to be placed on the parcel proposed for
development, if applicable.
Refer to Figure 6 for a copy of the conceptual north elevations for
the subject site.
S. An architectural sketch indicating floor plans and all
exterior elevations of any buildings or other structures proposed
for development.
During the pre - application conference, Leslie Lamont indicated that
the architectural sketches for this project would not be required
because it is a land subdivision. However, the applicant has
M supplied conceptual north elevations of the buildings (refer to
Figure 6).
9. A landscape plan indicating the treatment of exterior spaces
tin the proposed development.
Refer to Figure 5 for a copy of the landscape plan.
10. A topographic map prepared by a registered land surveyor,
registered landscape architect or registered engineer identifying
the areas on the parcel proposed for development where slopes are:
(a) Between zero (0%) and twenty (20 %) percent;
(b) Between twenty -one (21`k) and thirty (30%) percent;
(c) Between thirty -one (31 %) and forty (40`k) percent;
' 49
1
0
1
0
L
Cl
n
1
h
(d) In excess of forty (40 %) percent.
Refer to Figure 4 for a copy of slope density reduction analysis.
As previously, noted the slope density reduction analysis was
prepared by Tom Stevens, a landscape architect. Landscape
architects are not registered in the State of Colorado.
11. An open space plan, and if applicable, a legal instrument or
instruments setting forth a plan providing for the permanent care
and maintenance of open spaces, recreational areas and communally -
owned facilities and private streets. If the common open space is
proposed to be deeded to a homeownerse association, the proposed
documents governing the association shall also be submitted. Such
documents shall meet the following requirements: , (a) The
homeowners, association must be established before any residences
are sold. (b) Membership in the association must be mandatory for
each residence owner. (c) Open space restrictions must be
permanent and not for a period of years. (d) The homeowners'
association must be made responsible for liability insurance, taxes
and maintenance of recreational. and other facilities. (e) The
association must have the power to levy assessments which can
become a lien on individual premises for the purpose of paying the
cost of operating and maintaining common facilities. (f) The
governing board of any such association shall consist of at least
five (5) members who shall be owners of property in the Planned
Unit Development (PUD).
The applicant is not proposing any common open space, but is-
proposing approximately 63,490 square feet of undeveloped land.
(12) A plat which depicts the applicable information required by
Sec. 7 -1004 (D) (1) (a) (3) and (D) (2) (a) .
Refer to the accompanying 24" x 36" copy of a draft Final PUD Plat.
7 -903 C.3 Planned Unit Development Approval
An applicant may request and the Planning Director may determine
that because of the limited extent of the issues involved in a
proposed Planned Unit Development in relation to these review
procedures and standards, or because of a significant community
interest which the project would serve, it is appropriate to
50
' consolidate conceptual and final development plan review. The
Planning Director shall consider whether the full four step review
would be redundant and serve no public purpose and inform the
applicant during the pre - application stage of whether consolidation
will be permitted.
Leslie Lamont indicated during the pre - application conference that
the ro osed development could be reviewed as a consolidated
P P
application.
Development in an Environmentally Sensitive Area
A portion of the subject site is located above the 8040 elevation
line. The Aspen Land Use Regulations identify lands proximate to
the 8040 elevation as environmentally sensitive areas and require
development in such areas to be reviewed pursuant to Section 7 -503
(8040 Greenline Review). Within this section the 8040 Greenline
Review standards are identified in bold followed by the applicant's
responses.
Section 7 -503 B. 8040 Green Line Review Standards N o
development shall be permitted at, above, or 150 feet (1501) below
the 8040 greenline unless the Commission makes a determination that
the proposed development complies with all requirements set forth
below.
1. The parcel on which the proposed development is to be located
is suitable for development considering its slope, ground stability
characteristics, including mine subsidence and the possibility of
mud flow, rock falls and avalanche dangers. If the parcel is found
to contain hazardous or toxic soils, the applicant shall stabilize
and revegetate the soils, or, -where necessary, cause them to be
removed from the site to a location acceptable to the City.
Potential dangers which may impact the site are mine tailings, mine
waste toxicity, unstable slopes, ground subsidence, debris flows,
51
0
Isoils erosion, avalanche and rockfall. Each of these hazards are
addressed below.
The potential danger resulting from the mine tailings on the site
has been studied extensively and documented in a study appearing in
the Appendix prepared by Chen & Associates. The study concludes
that the site is suitable for development subject to compliance
with certain recommendations. Based upon these recommendations,
the City of Aspen granted the applicant a grading permit in the
fall of 1990 to grade the site.
The majority of the cut and fill into the natural hillside south of
the residences will be graded to a profile of 2:1 or less and
revegetated for increased stability (refer to Figure 3). The
proposed landscaping will also mitigate potential soil erosion. As
noted on the grading and drainage plan, a retaining wall will be
located between Lots 1 and 2 just to the south of the road before
the cul -de -sac. There will also be a retaining wall east and south
of the tennis courts.
The risk of ground subsidence due to underground mines is low due
to the absence of major mining activity on the site. The major
mining activity occurred to the west of the site.
IThere may be debris flow or flooding potential originating from
1 52
11
Spar Gulch within the lower portion of the site. The proposed
development is located above the area impacted by the Spar Gulch
but may be impacted by other small debris flows. The grading plan
for the site has been designed to recognize the potential of small
debris flows. Diversion swales will be constructed around the
residence and above cut slopes to control surface runoff. An
underdrain system will be installed around the foundations of the
residences. Ripprapp will be utilized where appropriate to
channelize runoff.
Nick Lampiris, Consulting Geologist, has concluded that little, if
any significant avalanche or rock fall danger exists (refer to
Appendix 10). A small avalanche chute is located on the northwest
side of the site, but it appears to be directed toward Aspen Chance
Subdivision Lot 6. According to Lampiris, minor snow slides are a
possibility, but there is not enough relief or catchment area to
produce a major avalanche. Although minor rockfall is a
possibility, the nature of the rock formations above the site are
not likely to contribute loose rocks to the hillside. The dense
vegetation located above the building envelopes and the Midland
Spur right -of -way should intercept potential snow slide and rock
fall.
2. The proposed development does not have a significant adverse
affect on the natural watershed, runoff, drainage, soil erosion or
have consequent effects on water pollution.
As noted by Bob Fletcher, Professional Engineer, within his letter
1 53
0
n
4. The design and location of any proposed development, road, or
trail is compatible with the terrain on the parcel on which the
proposed development is to be located.
A review of Figure 1, Existing Conditions Map, shows that the
proposed residences are to be located on the only logical
development site. Development to the north is precluded by the
tennis courts and development to the south is precluded by the
steep, wooded Aspen Mountain slopes. The applicant has sought to
®, locate the buildings to the north to avoid the 8040 elevation line
and provide for a drainage and trail easement. After the mine
tailings have been graded the proposed building envelopes will be
the most flat and least visible portion of the site.
5. Any grading will minimize, to the extent practicable,
disturbance to the terrain, vegetation and natural land features.
1 54
in
does not
have a significant adverse
the Appendix and
depicted
by Figure 3, the developments storm
drainage system is
designed
to maintain historic water surface
runoff flows. The applicant
proposes to improve drainage in the
area by granting an
drainage
easement to the City of Aspen to
During site development the
accommodate drainage
from Spar Gulch (refer to Figure 2) .
all City
regulations pertaining to
fugitive dust control.
4. The design and location of any proposed development, road, or
trail is compatible with the terrain on the parcel on which the
proposed development is to be located.
A review of Figure 1, Existing Conditions Map, shows that the
proposed residences are to be located on the only logical
development site. Development to the north is precluded by the
tennis courts and development to the south is precluded by the
steep, wooded Aspen Mountain slopes. The applicant has sought to
®, locate the buildings to the north to avoid the 8040 elevation line
and provide for a drainage and trail easement. After the mine
tailings have been graded the proposed building envelopes will be
the most flat and least visible portion of the site.
5. Any grading will minimize, to the extent practicable,
disturbance to the terrain, vegetation and natural land features.
1 54
3. The proposed development
does not
have a significant adverse
affect on the air quality in
the City.
The proposed residence will
comply
with the City of Aspen's
regulations for woodburning devices.
During site development the
applicant will comply with
all City
regulations pertaining to
fugitive dust control.
4. The design and location of any proposed development, road, or
trail is compatible with the terrain on the parcel on which the
proposed development is to be located.
A review of Figure 1, Existing Conditions Map, shows that the
proposed residences are to be located on the only logical
development site. Development to the north is precluded by the
tennis courts and development to the south is precluded by the
steep, wooded Aspen Mountain slopes. The applicant has sought to
®, locate the buildings to the north to avoid the 8040 elevation line
and provide for a drainage and trail easement. After the mine
tailings have been graded the proposed building envelopes will be
the most flat and least visible portion of the site.
5. Any grading will minimize, to the extent practicable,
disturbance to the terrain, vegetation and natural land features.
1 54
The proposed buildings have been sited to generally limit grading
to the portion of the site which has already been disturbed by mine
tailings (refer to Grading and Drainage Plan, Figure 3). Figure 2,
Site Plan, indicates that the buildings will be located between the
tennis courts and the steep slopes of Aspen Mountain. However, the
building envelopes have been kept far enough to the north to avoid
the construction of an extensive retaining wall on the south side
of the buildings. The back yards will be generally modeled after
some of the lots in the Aspen Chance Subdivision. The yards will
bordered by a heavily landscaped bowl graded at 2:1 or less. There
will be a retaining wall between Lots 1 and 2. There will be a
minimum loss of mature vegetation because little of anything has
■ been able to grow on the existing mine tailings. All disturbed
areas will be revegetated consistent with the Landscape Plan
depicted in Figure 5.
6. The placement and clustering of structures will minimize the
need for roads, limit cutting and grading, maintain open space, and
preserve the mountain as a scenic resource.
Ij
As previously noted, given the site constraints the proposed
building envelopes are in the least visible location. Tree cutting
and site disturbance will be minimized by the proposed building
envelopes. The steep heavily vegetated slopes of Aspen Mountain
will be undisturbed.-
7. Building height and bulk will be minimized and the structure
will be designed to blend into the open character of the mountain.
Refer to Figure 2 which depicts the building envelopes and Figure
55
6 which depicts the north building elevations. Building height
will be limited to 25 feet and not exceed the height of the house
located on Aspen Chance Lot 6. The goal of the applicant is to
make the 1001 subdivision an extension of the Aspen Chance
Subdivision. Topographic contours on the site have been designed
to meet the contour lines of the Aspen Chance Subdivision. The
existing mine tailings are being lowered to significantly reduce
the visibility of the houses so that the steep vegetated slopes of
Aspen Mountain, not the houses on the site, dominate the view of
the site from the north. The site will be heavily landscaped in
accordance with Figure 5 to provide a transition between Ute Avenue
and the slopes of the mountain.
To insure the compatibility of the proposed development, the
applicant commits to deed restrict development in the 1001
Subdivision to the same architectural controls which are in effect
in the Aspen Chance Subdivision. Refer to Appendix 6 for a copy of
the proposed architectural standards.
' 56
1
It should
be noted
that the
subject site
is drastically different
from the
recently
approved
Zaluba site
to the east because the
proposed
improvements on the
1001 site are
located at the base of
the mountain, north
of the
steep slopes,
as compared to the Zaluba
residence
which is
located
on the steep
slopes.
' 56
1
8. sufficient water pressure and other utilities are available to
service the proposed development.
All utilities serving the subject site will.be placed underground
and will be buried in compliance with the standards of the local
i utility companies. Water will be provided by an eight inch line
linking to Ute Avenue. Sewage will be collected within a six inch
line and connect to the eight inch line in Ute Avenue. Electrical,
1 telephone and natural gas will be extended from the lines located
in Ute Avenue. The site will be accessed via 20 foot private
access driveway from Ute Avenue. The driveway will be constructed
of concrete and will include curb, gutter and sidewalk on the west
side. A snow melt system will be installed in the driveway. Fire
' protection will be provided by the Aspen Volunteer Fire Department.
A fire hydrant will be located at the end of the driveway at the
' turnaround area. The turnaround area will be capable of
accommodating emergency vehicles.
9. Adequate roads are available to serve the proposed
development, and said roads can be properly maintained.
The proposed development will not adversely impact traffic on Ute
Avenue. The applicant commits to join a Ute Avenue improvement
district if such district is formed in the future.
I10. Adequate ingress and egress is available to the proposed
development so as to ensure adequate access for fire protection and
' snow removal equipment.
Access to the proposed residences will be provided via a 20 foot
private driveway. The driveway will be constructed of concrete and
57
will include curb, gutter and a sidewalk. A snowmelt system will
be installed to insure accessibility in the winter. A fire hydrant
will be located at the terminus of the eight inch water line
serving the residences.
11. Any trail on the parcel designated on the Aspen Area
Comprehensive Plan: Parks /Recreation /Open Space /Trails Plan map is
dedicated for public use.
Upon approval of the proposed development, the applicant will
P PP P
dedicate a 12 foot public trail easement corresponding with the
existing nordic and pedestrian trail.
Conditional Use Approval for Accessory Dwelling Units
Section 7 -1003 A.2.c. of the Aspen Land Use Regulations requires
that any lot created by a lot split contain an accessory dwelling
unit upon development. Section 5 -508 of the Regulations
establishes standards for accessory dwelling units which the
applicant will comply with. Additionally, Section 5 -502 of the
Regulations identifies accessory dwelling units as conditional uses
in the R -15 zone. Consequently, the proposed accessory units are
subject to conditional use review pursuant to the standards in
Section 7 -302 of the Aspen Land Use Regulations. In the following
section the standards are identified in bold followed by the
applicant's responses to the standards.
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan, and
58
11
' with the intent of the Zone District in which it is proposed to be
located;
1 The provision of accessory dwelling units is consistent with the
City of Aspen's plans to provide affordable housing to keep pace
twith the development of free - market dwelling units. The accessory
dwelling units are consistent with the intent and regulations of
the R -15 zone district. Each unit will be provided with an off-
' street parking space.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture of
complimentary uses and activities in the immediate vicinity of the
parcel proposed for development;
The area immediately surrounding the site is devoted to residential
uses. The accessory units will complement the area. The subject
site is a good location for accessory dwelling units due to it's
proximity to downtown Aspen and Aspen Mountain.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects, including.
visual impacts, impacts on pedestrian and vehicular circulation,
parking, trash, service delivery, noise, vibrations and odor on
surrounding properties;
The proposed accessory dwelling units will not result in any
adverse impacts on the surrounding area. Since the units are
located within the proposed residence there will not be any adverse
visual impacts. Off - street parking will be provided. The site is
accessible to downtown Aspen and the gondola.
1 59
8 D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable water,
sewer, solid waste, parks, police, fire protection, emergency
medical services, hospital and medical services, drainage systems,
and schools;
The proposed accessory dwelling units will not adversely impact
public services.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use;
aSince the proposed conditional use or affordable housing, this
criteria is not applicable to the conditional use request.
a F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan and by
all other applicable requirements of this chapter.
aThe proposed accessory units are consistent with the aspen Area
Comprehensive Plan and the Aspen Land Use Regulations.
;fie'
aRichard Y. Neiley, Jr.
Eugene M. Alder
HAND DELIVERY
LAW OFFICES OF
RICHARD Y. NEILEY, Jr., P.C.
201 North Mill Street, Suite 102
Aspen, Colorado 81611
(303)925.9393
September 28, 1990
Mr. Glen Horn
Davis Horn, Inc.
300 East Hyman Avenue, Suite 8
Aspen, Colorado 81611
Re: 1001 Ute Avenue
Dear Glen:
'A f f -e. nl ; u J_
FAX Number
(303) 925 -9396
In accordance with our telephone conversation of earlier
this week, I am providing this letter as Peter Coventry's attorney-
in -fact authorizing you to process a lot split application in
connection with the above - referenced property. The property is
owned by 1001 Ute Avenue Partnership, of which Mr. Coventry is a
general partner. The other partner is Ventry Properties, USA, Ltd.
I am the secretary of that corporation and consent to your repre-
sentation on behalf of all of the partners.
I am enclosing a copy of the Amended Trade Name Affidavit
and a copy of the most recent commitment for title insurance issued
in connection with the real property. I am executing this letter
under that Power of Attorney dated July 27,1988 recorded in the
real estate records of Pitkin County and updates of that Power of
Attorney which have also been recorded.
If I can provide you with any further information or
assistance, please feel free to call.
Very ;tr4ly yours,
RYN /agk
Enclosure
e
RIC NEILEY,
Ric and Y. Neiley,
for 1001 Ute Avenue
JR., P. C.
Jr.
Partnership
17'J :r l i 17 1 : ijt.
APf � rd.,,x -z
FMa INCORPORATED
97o PoMAer Lana
Aspen, Colorado 81611
November 7, 1990
Amy Margerum
Planning Director
Aspen - Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
Rat 1001 Vte Avenue Lot Split
Dear Amy:
FMG Incorporated has purchased an option to acquire a parcel of
land known an 1001 Ute Avenue. I Authorize Glenn Horn of navis
Horn Incorporated to submit a Land use application to the City of
Aspen on behalf of FMG Incorporated and represent FMG in the land
use review process.
please contact me if you have any questions. Thank you.
Sincerely,
FXQ INCORPORATED
NEAL MYERB, RREGIDENT
CITY OF ASPEN
PRE- APPLICATION CONFERENCE SUMMARY
PROJECT:) �,�, �/lpJyj1
' APPLICANT' S REPRESENTATIVE: eo I - �/��•v� /�
REPRESENTATIVE'S PHON •_J� -'
OWNER' S NAME • �0 '
1. Type of Application:
2.
Suruvuk lY
__1 V
Describe action /type of development being requested:
�J n
3. Areas is which Applicant has been requested to respond,
' types of reports requested:
Policy Area /.
' Referral Agent
Qi r �p
r
u
4.
5.
6.
7.
8.
Comments
�4
Review is: (P &Z 7n,1 (CC Onl ) (P &Z =to
Public Hearing: (YES (NO)
Number of copies of the application to be submitted:
What fee was applicant requested to submit(' � �= �_ L�YJ -�- ti _+
Anticipated date of submission: �
frm.pre_app
a�uyers itlle
Insurance o ration
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
SCHEDULE A COMMITMENT FOR TITLE INSURANCE
' 1. Effective Date A ST 21, 19M at h•i^i Case No.4 =64--C
2. Policy or policies to be issued:
+ I��Ol�,D00 .pa
(a) Amount $
❑ ALTA Owner's Policy - (10- 21 -87)
' ❑ ALTA Residential Title Insurance Policy - (6 -1 -87)
Proposed insured:
FM. I W.
(b) ALTA Loan Policy - (10- 21 -87)
Proposed insured:
(c)
' Proposed insured:
4
Amount
Amourit $
' 3. Title to the KE estate or i
described or referred to in this Commitment is at the effective date reof ves d in:
1001 LTE MEME PMTMW.IP,
a �;o #orb s,�eria# �r�rs�s#
1
4. The land referred to in this Commitment i
in the land
LSAL CESCRIMON U7 FORTH Ok SHEET ATTACHED rfrZM AM LY TH I S
rREFERENIM INXRKRATE fiUEIN Alit YAM A PART tfMOF.
Leadwilis Pil-miums S kit"ro hei icy
' AaW I Cbarg "s ATC - E:i4xew
Tar iertif icbte 0 tt}.�itt
' TOTAL avWaS $ 1,o:2s.2S
L' Countersigned at
ASPEN TITLE CGWMTICW
LVOO 4Qh *Qt0fficer -& Agent
Form No. 91 -88 (SCH A.)
035 -1- 0884001 R
EXTRA ^OPY
Commitment Nq
Schedule A —Page 1
This commitment is invalid unless the Insuring
1
n
1
I
a rs it�e
u�
Insurance 0poration
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the
fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1 . The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b) to eliminate
exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
LawyersTitle Insurance Corporation
By:
wy. President
Attest:
vi, �� �
V Secretary.
.�y
1
L�rsTtle
jnsurance Crporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
R
SCHEDULE ont'd.
Order tb. 404 --C
plat l +L`. ft.
0awring the Low ia>a the Starts of Ca1oraW* tbaty of FltkiA
Descrlbed ass
A port ios of the 1001 Le" U14146 C10 to ( i:tti ted Slate$ 910tral
Szrvey 11741) s t twted In Soct loo t8. Tons sh i p 10 Soaft, Reap 94
west of tittwf Oth P.M., mory pasttcalariy daw tbw as tel key=
EEGMiNG at Owow Wo. 3 Of the 1001 Loft, IG 1 1 &8
from post frith bras cap affbwd fw Oormw No. of Aspea
Talc site 8ea:ars Nw th 64 011131!" Wst 132 feet t
thence S 47" 0711 W West 1 WO. sic t 5oatbel>ss -tw i 7
Ilea of said 1001 Left- to a po tl
thence Wrth W10100w West 3 #iii feet am tt4a iiEtrtbeaterly
i iae of th$t l and fee at Page $77 of *s cow*
and per's Off i Piikio , Cblarado,, to a point on
the Nwt ras#etr i m- of said Ltis"
thence 7 °O7} G'� �t # along the �eestwly
I Me of so 1001 L to a i9 t as "0 Soutati�iwl y i l It of
the Me Lion to City Aspaf
them* alo sold ly i I" of tbat Me ""Rion SCwTh
3V57 *22" t 178.31 emit to slid Caromw Ro. l Aspen Townslt+et
i ce "Will "7a t Eat 49.54 feet akog th* Saafteasterly
I iae of tat 1 Ute A"I t ion to the city of Aspea said i In* W so
being be ttwo Comer M 1 md 2 of "m Asp a Towsite bound",
to a point oa tttal Northealstari y i i ne of ua id 10M Lode C:l a iu
Soirth W1 01000N Eat 137.64 tisat aloog It* iiarttteas'teeriy l Ise of
said 1001 Lode to tamer No. 3 to tha point *t L-A g i a ni>ng.
'
PARCEL Ss
A Trm-t of Lwd 3ltait+ l" la the SEI/4101/4 of aecTtoA 10j.
Towsh ip 10 South, Rme 84 ftst of "m Hilt P" be i ar acre
particulariy awxrlbed as fol tms-
'
E M ENi t NG at Carmr to. 3 of the 1001 Lode k. S. 1741, wheaw
Cwneer No, i of Asp m Towmitet bears North 661111=300 inst 332.50
%stg
tie aw Vortit 47°0111300 East 2.21E tout atom tM ftortbmtwly
'
i loo of Lot E, long Subdivision to s poEat ca tto Souit~eriy
R i punt -w-way of Ute Aveaysi
tt north 33/0481300 fist 14%,99 feet along sold Right- of-Way
to a point oa Line 1 -2 of sold Aspen Terrasu itol
theam South 28"281000 W"t 33.06 feet Won said Line 1-2 tc a
tOtiatis�d)
Schedule Page No.
035 -1- 999 - 0040/3
wT0 A
LEGAL DESCRIPTION - cant im d
point on Liao 3-4 of said 1001 LoeA;
thence South 45* 101000 E"t 137.64 feet a i o>G said Liao 304 to the paint of
Beginniag.
1
035 -1- 999 - 0040/3
Schedule
r V-V%A nom+ "V
Page No.
i I c,%
Lawyers Title Insurance Corporation
National Headquarters
Richmond, Virginia'i�r
' SCHEDULE B— Section 1
Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to -wit:
1. Retease oaf fto FWI is Tcne108 c# MkIft Caty of 1t s DR" Of Tftbt from
1001 M Aver . a Woraw geaerei partmrsoip, for tae are
of 001rai P.Ma of Rspeft' M A., ft Se " S7 0,000,00, dWtvd JMVWY Z7,
19090, 9, ad ricwdili l .ineawy Z7, lug, In Bogie 584 a FOG* 696.
NMs Umaim A¢' 6t ra+aw and Aoptst 8, 1990, 14 BCM* 626 at PaOs
&260, me awtoliei+s "W date of t of tssr n1p1'ie am by the awe
raw Of TMLST to AK"t 27, :990.
2. am" ifiimate of 1newpWattioa or awtitica ecat Good 5tmaoing Issue by
t6o S wetwy of State or after appmp t one of f iet tar the Stars of
.& Md evidencing to "m satisfaction of be 0=9my or Its
dad y autaw l sed spot that f MG, i tic, s mas Madly or UW and
1+amporated err "m lanes of tAs Srta O or prior to "M tine
It aCqisires title to 1o4,9ct pVerly.
3. Dam trios 1001 Me Avg Per p, a Oal ace ei pafta+ t i3,
to Fly, Inc.
MOTES floiy axecated rain! pert3► or declaration, executed by
®tti W srarttlor or or tv the Dow Mat aw"o
parsimt Ta Article 14 of Mune 5111 # 1 - - CM 39-14-102,
4. EvIdems satisfact, to ti OMOMW r it$ citrty fz" &Wt aii�r
(a) i' tiio Or eatalsi tr imaese i sued by ordleame tro.
t Sec tins of 1979} r men by Oral NO. 13, (series of 1990), CA The city
of Ash. Calorad i� be" i+d, and t "T "to i i"s imposw p
ta" bum ttdIV sat I", (b) ttat t�titicar" at Umpilea Item
, 1634" plurat"T to be prov i s ices thereof.
5. tjM- z Trade asm At f i daer it or Pbr Uorsa i p Agrewant for t001 Ute itt,remo
Partnership* a Cohn" Wo p*r?ftw2ft1p, re=rnect jaia+uory 67, 19890 is book
584 at ftge an. 01SC103" tl;tat T" a1 ana a dOresses of the partaws
of sold ynrtnersh I p arm as to$ Wu s5 s
' Kwy Dim
c/o Alc*erd Y. I;*116y* Jr., P.O.
6W E. Hapkins Aveaae, So Ile 3
' Aspen, CO 81611
plstnr Coventry
t coat l Mod l
. This commitment is invalid unless the Insuring ScheduleB - Section! - Pagel - Commitment No.
Provisions and Schedules A and B are attached.
Form No. 91 -88 (B -1) EXTRA COPY
035-1-088-0001/7
i La4tw y e rsoTi d e
lyiguNance Corp;'omirafion
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
' SCHEDULE ront'd.
1
requirmalsts (continued)
c/o Rid,&" Y. Ne 1 l ey, .tr. 0 P.1~.
600 E. Napkins Avenue, Suits 3
AspaA, Cd 81611=
035 -1- 999 - 0040 /3
I
Schedule Page No.
1 Lau) yers T de Corporation
NATIONAL HEADQUARTERS Order No. 40{1B8 —C
1 RICHMOND, VIRGINIA
SCHEDULE B— Section 2
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the some are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, im-
posed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered
' by this Commitment.
b. Right of fte Prof r lam of a 4't 1a or Loft to extr acs and re®ovs to i s ore
(UMTiaaad)
Exceptions numbered are hereby omitted.
The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above:
' (1) The Deed of Trust, if any, required under Schedule B— Section 1, Item (b).
(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance
thereof; water rights, claims or title to water.
1 (3) Any and all unpaid taxes, assessments and unredeemed tax sales.
Schedule B— Section 2 —Page 1 —No.
' Form 91 -88 82 Rocky Mt.
035 -1. 088 -0504 CYTOA r`()Pv
trheretrC00 SbMd d dale saW "v ' ford 4aa. ttraa't+e or i ater "= "M
"IS" Tafraillq "teat* as rssesval@ I* United States Patent rem->�
t+trliy 1 * M4, 1A Bock l t at Pte, 97, and IUi USt 26, 1M, I Book 175 at
Peke Z99.
7.
ant and right of tray for acre" purposm as greeted by Harvey
SIdlrla to tAs Gist CoisilikaJolto association by Instrwsrat recoroW Jtw
t g. 19830 in Book 447 at Page IM
8.
E"awwt and riot of ear for Uft Street II n solar as the saw mW affect
"m saia b jwt property,
3.
Tana, Wei misats, proriskasii, conditions mall obl igaticas as ala Polled
In Agreameat b ftn a Segg lor-1 wmt Mining Company an* Ce st last iao
Resorts — Aspm Ltd., recorded October 30, 1979, In Cook 378 at Page
419 and aid by le0rumt recorded law 15* 1383, in Book 347 at
1
Pager 9ti.
NMs AssIgam nt of LeaseWld interest recorded June 13, 1983. to Bcx*
447 at Page 90
10.
Any and all uredeand tae sates.
(UMTiaaad)
Exceptions numbered are hereby omitted.
The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above:
' (1) The Deed of Trust, if any, required under Schedule B— Section 1, Item (b).
(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance
thereof; water rights, claims or title to water.
1 (3) Any and all unpaid taxes, assessments and unredeemed tax sales.
Schedule B— Section 2 —Page 1 —No.
' Form 91 -88 82 Rocky Mt.
035 -1. 088 -0504 CYTOA r`()Pv
"11 v 1 1 v"IIv1Lvi ivi, ur l I0U40 f-��Pe► mot x
la, yr e s jive
insurance Corporafion
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE A COMMITMENT FOR TITLE INSURANCE
Effective Date Anust 21, 1990 Ct 7,00 A.p. Case No.4=4 -C
Policy or policies to be issued: PV Pq
(a)
1:1 ALTA Owner's Policy - (10- 21 -87)
❑ ALTA Residential Title Insurance Policy - (6 -1 -87)
Proposed insured:
1• t•ri, I W.
(b) ALTA Loan Policy - (10- 21 -87)
Proposed insured:
I (c)
' Proposed insured:
W
+ 1,60D, ai>o .co
Amount $
Amount
Amounit s
Title to the FEE estate or i
described or referred to in this Commitment is at the effective date reof ves d in:
lot LrT_E ASCla PITITtERM:1 P,
a C'01crado general Wrtrershi
The land referred to in this Commitment i
st in the land
LEGAL FXSMIPTW4J SET FOM fly+ SHEET ATTACHED VUzEM ArZ FAY THIS
RMRE: CE 1 l =t1FCIAT0 KRE I N' AND WZE A PART UEREOI: .
Owner # s Preen i um z S 1.815.25 CC'S to:
Lender's i1yra& 1=4 5 R I cAard too l l ey
eAdd' I Cb.argasz S ATC - Escrow
T>=ac Qartl I cote S 10.00
ITOTAL CNAMS S 1,82-5.25
:ountersigned at
A F 1? TITLE �, -r,AT 10 i
Lynn 41andrlp@$officer Agent
Commitment No.
$CtJ. i4 4 _U
Schedule A —Page 1
Form No. 91-88 (SCH A.) This commitment is invalid unless the Insuring
0as -i- 088 -000In EXTRA COPY
Provisions and Schedules A Anri R aro atrach—+
1 �wy�6oporation li�c
Insurance
' NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed-insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the
fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1 . The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b) to eliminate
exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
LawyersTitle Insurance Corporation
By:
President
' ? Attest:
Secretary.
�- ��oltttC
---- -� Insur�ance Corporation
' NATIONAL HEADQUARTERS Crder Go. 4CM84 -C
RICHMOND. VIRGINIA Pia .0
III i. ho.
A
SCHEDULE cont'd.
Cowrie 'the Land to the Seto Of C010rad0, COUnty of i`lttsin
[3arcr'ibed as;
PARCEL As
A portion of the 1001 Lode Minim Claim (United States Mineral
SurM. 0 741) s i t sa9ted in Section 18, Township 10 South s. RarV 84
West of the 6th P.G., gore Farticslarly desa abet} as fol 309ss
r EG 1Pali t lG at Corror Roo 3 of fist 1001 Loan, l� 1 1 whersw W
Iron post with bras cap off too for Corner Nos of MpeaI
Toemislte i "rrs hgr b b6 °g 1 r3� 1#"t 132 feet;
flan= Souft 47*07 r Ct?e Nost 10itt?. a a l c t So+`-4hOW'bW i q
I t ne of "Id 1001 Lola to a po i s
thence €.4-th 45010r0l7" West 30 00 feet long the iborthQcsteriy
t lne of that l � at Page 897 of the Clerk
and PXC0rders t3fftce # Pttk[a , {blorado, to a point on
the ticrthw"ter i an of sa id 00 Lode;
theme jAd 70,17# IV E"t 968. of along the bortiwesterly
line o100 L to a poi t on ttr<ca Scutfwosterly l irm of
tho Utalon to City Aspen ;
theses said Soot ly [ ins ct the uto AGCittoo South
39057 +st 178.31 9et to said Corner M, I Aspen Tcwnsltei
theava North 0213+ East 44.54 fosf alcrIg, tt* Southeastorly
line of Lot i Ute Addition t+o The City of Aspen said i[n* Also
baInG batmen Corer Ito. t and 2 of tie Aspen Tcunsite boundary,
to .a pot at on ttra Horde wterl y i [ no of ba 1 d 1071 Lodz C1 a+ i m
Soult 45*10# w Last 137.64 feot elorg the Wthowtesr[ i t lAe of
said 1 001, Lode to toraar° tic. 3 to tiia point of B09106111`119-
PAL $s
A tract of Laad altunted is the SE! /QM /4 of Seetlon 10,
Township 10 So h, Ramos 84 Nest at the 6th PJU being mare
pwticularl Y descr [bed as foi 1OWst
PEG is ii tG at Owmr tea. S of the 100t Lode M. S, 1741, whence
Corner Na. # of Aspen Tosnsite bear:. Barth "*I 113t1" hest 132.90
feet;
tierce Kor:'b 47007100" East 2.20 test along the llorthuesterly
ilrre of Lot 1, Haag Subdivision to a point co th* Southerly
R i ght-of -ilea of Ute Avenue;
thence north 33048130'' West 149.99 feet along sold Right-Of-Way
to a polar cn Linn 1 -2 -of sold Asp ea Tmnshite= -
thance South 200281000 Past 33.08 teat• along sold Lino 1 -2 to s
(lbatiou")
Schedule Page No
LTIC ITIC 41T11 IC I IC ITIC LTIC•LTIGLII(•LTIC LTIC.ITIC LTIC 1_TIC ITIC I_TIc LTIC LTIC (TIC ITIC' 1_111- I_TIC I_TI( LTIC LTIC LTIC LTIC LTIC LTC 1 -TIC [-TIE LTIC'
0M
EXTRA COPY
Litho in U,S A
1- Y�rs i e
Insurance Cqrporafion
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
SCHEDULE ront'd.
Order No. 4CO384 -C
LEGAL CESCRIPTIO14 - continued
point on Llr%o 3--4 of said 1001 Lode;
thence South 45°1o'Ooa East 137.64 foot along said Litre 304 to the point of
Beginning.
P
Schedule Page No.
r� L lI i 11 III LTI[ LTIL 1 TIC Ll IC I TIC I IIL I l IC I fIC LTIC- LTIC LTIC 1 TIC Ll IC' LTIC LTIC LTI
LTIC ITIC LTIC ITIC ITIC•LIICGL.IIC.IJIC cum ti�i� •_ - ---- -- --
Lawyers Title Insurance
National Headquarters
Richmond, Virginia
Corporation
ordor tz. 400664 -C
SCHEDULE B— Section 1
Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to -wit:
1. Release by the roi is Trustxtcc of Fithin Ccunty of the Wed of Trusi frcrt
1Go, tits t%vvntaa Partrorshlp, a (btoracio Senerel partnership, for the use
of Central Bate Gf Aspen, N.A., to secure VC0,000.00, dstud Jx+1uBry 17,
191891, and rsmorded January V, 1985, in Psx3s 584 at Pagvs 16,96.
tkTE% 1= XT065lon Agteeont racordW nt�t Z , 1990,
1990 sec by t>b®
8zo, cad extending the date of peyt� ebOvO
Cc" of Trust to August 27, 7990.
2. Certif Icato of Incorporation or Ccrtl ficalte of Caca Stmding issut;d by
0 Sccretery of State of ottser apprcpr t ate off icl a to 91,00 5tai0 cf
ctnd sYlaencing to the satlsfactlon Of tai any or its
duly avttsorlwd agent that Flayr Inc., was duly erg& 1zed and
incosp�orated uW.*r the 10" of t1m Stare for prior to the tl=
it acquires title to su *Jsct property.
3. I)c" trlae 1001 ute Avenue f'+e�rtners p, a C01 ado at partnership,
to FM Inc.
t;0TEa Duly ls=Cuted roal oper-ty &n ter "cluuratlon, ezecuted by
eltt5er 'tho Grantor car Cr cc, to cc y the Good Wntioned abovte,
pursuant to Article 14 of Muse 1111 t ia�3$ - G"�!l 3+,)- 14-102.
4. Evicienoe setisfrrzc't ry to t e Ccxpany r its 'duly authcstzad ejAnt olinc�r
(a) thvt tte *fee eltatra tr axes* ic*o� by Or01n=6 00, 20
(Series of 1979), ad by Ordl ance tl . 13, (Series of 1950), cf tlto City
of ASW, Color hme t aid, and teat tho i 1�ens leposesd tt:c eby
be" been tu! I sit f led, tb} that Cert1f lcatcs of Eaa�t Ca 116W
be" isamd pursuant to tale provislos thsraif,
3. ta'" •n: Trade 1#gm Af f 1 day i t or partnersh i F Agrecamt for 1001 Me Avenm
Partnership, at Cblorai, partnership, reccroed January 27, 1989, in book
364 at Page 6W, discloses #hat the mot*--. cod se-dresses cf trio partners
' of said partnership are as foi lOwt:
very Wen
c/o Richard Y. Wiley, Jr., P.C.
E'r Hopkins Avenw, SO TO 3
Aspen, CO 81611
' F tvr Cow nn try
ttb>nt Insfe�)
This commitment is invalid unless the Insuring Schedule B- Section 1 -Pagel - Commitment No.
Provisions and Schedules A and B are attached
Form No. 91 -88 (B -1) EXTRA COPY
035 -1 -088-0001 /7
aw rs e
jnsurance 6 ration
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE ront'd.
requirevents (continued)
c/o Richard Y. Volley, Jr., P.C.
600 E. 1.l Akins Avlenuo, Suits 3
Aspen, M 81611
Schedule
Page No.
. LI,IC tl IV. I -I IC' I-I iU- 1. 111;: LI I(:- I_I IL LIIC'.0 IO- 1:1IC, to lC'.L71C •.4710. I.TIC' I-TIC' 1.110 1_1IG -- J I - 1,11 ..1_IIC . IJ IC• IJ IP 1 -11C UIC: 1 IIC- I.TIC .IJIC- 1 TIC I.TIC .I If It:
1-- - - - - -- yersTidejnsurance(o}�poration
NATIONAL HEADQUARTERS Order No. 40{ 54-C
RICHMOND, VIRGINIA
SCHEDULE B— Section 2
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, im-
posed by law and not shown by the public records.
5. Defects, liens, encumbrances,: adverse .claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered
by this Commitment. -
6. Right of the Proprietor of a vain or Lcde to extrect and remove his ore
tberefroan, ShoUid the saw be-found to penetrate or Intorseo+ the
premises hereby granted, 86 rawrved is United States Patent recorded
My 1, 1884, in Book 1 t at PeIp 97, and august 26, 1949, In Book 175 at
Page 299.
7. Ease=nt and right of .way for a =ss purposes as granted by Harvey
Ba I dw i n to the 6awat CoOdCo I n t tale Association by i nstru nt recorded June
1% 1983, In Book 447 at Paltge 100.
8. Ea samnt and right of way for Ute Street i n solar as the sew may affect
the Subject property.
9. Term, agr'esmats, prov i s loos, conditions east obligations as contained
In Agreawnt between SmiQU less- C>S•Sint Mining EcmPaeny and Lest I nOt ica
Resorts — Aspen Ltd., recorded October 30, 19790 to Book 378 at Pace
419 anti =ended by Instra w t recorded June 15, 1983, in Book 447 at
Page 90.
i'.'flTEc Assignment of Leasehold Interest recorded June 15, 1483. Ir. 1300k
447 at Pam 94
10. Any and a I I unr ederxlco.0 test S81 e s.
((btstinued) are hereby omitted.
Exceptions numbered
The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B— Section 1, Item (b).
(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance
thereof; water rights, claims or title to water.
' (3) Any and all unpaid taxes, assessments and unredeemed tax sales.
Schedule B— Section 2 —Page 1 —No.
I LTIC -TIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC I TIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC ITIC L-11C. LTIC 'LTIC LTIC LTIC LTIC IT1C 'LTIC LT14
F, qt •88 B2 Rockv Mt.
i(
Recorded at _
Reception No.,
� epn� 1_x .�
�XHII�I I
o'clock .fit. , -. --. ....
Recorded by „T.. -,(�,
AMENDI.1ENT TO AGREEMENT
�r
This Amendment to Agreement dated this clay of
Uud_1 1983 is between HARLEY BALDWIN ( "Landlord")
whose address is 1 West 72nd Street, Apartment 29 -D, New York,
New York 10023 and THE GANT CONDOMINIUM ASSOCIAT_ICN, INC., a
Colorado nonprofit corporation ( "Tenant ") whose address is c/o
Destination Resort Management Inc., 11611 San Vincente Boulevard
Suite 860, Los Angeles, California 90049.
R E C I T A L S:
1. Reference is made to that certain Agreement dated
Julv 16, 1973 (the "1973 Agreement ") between DESTINATION
RESORTS- ASPEN, LTD. ( "DRA ") and SMUGGLER - DURANT !•:INI:�G
CORPORATION ( "Smuggler ") recorded October 30, 1979 in Bock 37S a-
Page 419 of the records of Pitkin County, Colorado. T.`.ere is an
unrecorded Amendment to the 1973 Agreement dated Noverrber -14,
1975.
2. In accordance with the Agreement, DRA constructed
three tennis courts and other related improvements (the "Tennis
Facility ") on certain real property (the "Land ") legally
described as follows:
A PARCEL OF LAND SITUATED IN SECTION 18, T10S, R84W OF
THE 6TH P.M., PITKIN COUNTY, COLORADO. SAID PARCEL
BEING PART OF THE 1001 LODE MS 1741 AND MORE FULLY
DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 1 ASPEN TOWNSITE, THENCE N.
47 007' E. 47.57 FEET TO THE NORTHEASTERLY BOUNDARY LINT
OF THE 1001 LODE MS 1741;
THENCE ALONG SAID LINE S 45 010' E. 14.00 FEET;
U 1
THENCE DEPARTING SAID LINE S 34 015' W. 29.00 FEET;
THENCE S 42 015' E. 55.50 FEET;
THENCE S 02 015' W. 28.50 FEET;
THENCE S 42 053' E. 25.64 FEET TO THE SOUTHEASTERLY
BOUNDARY LINE OF SAID LODE;
THENCE S 47 007' W. 126.78. FEET ALONG SAID SOUTHEASTERLY
LINE;
THENCE DEPARTING SAID LINE N 42 053' Tit. 166.00 FEET;
THENCE N 47 007' E. 130.00 FEET TO THE POINT OF
INTERESECTION WITH LINE 9 - 1 SAID ASPEN TOWNISITE;
THENCE S 39 057'22" E. 44.37 FEET ALONG SAID LINE 9 - 1
TO CORNER NO. 1, THE POINT OF BEGINNING CONTAINING
23,387 SQUARE FEET, MORE OR LESS.
COUNTY OF PITKIN, STATE OF COLORADO
3. Landlord is the successor in interest to Smuggler
under the Agreement, and Tenant is the successor in interest to
DRA under the Agreement.
14 I T N E S S E T H:
FOR GOOD AND VALUABLE CONSIDERATIONS, the receipt and
.sufficiency of which is hereby acknowledged and confessed, the
parties agree as follows:
1. Ownershio of Tennis Facility. The 1973 Agreement
is amended in all places to provide that Tenant shall be the
caner of the Tennis Facility. Tenant shall continue to have
responsibility for the maintenance and repair of the Tennis
Facility as provided in Paragraph 7. Upkeep of the 1973
Agreement.
2. Premises. The description of the leasehold estate
shall be the Land described above. This description replaces and
more accurately describes references in the 1973 Agreement to
"that portion of the said 1001 Lode marked in red on the attached
Exhibit "A "."
- 2 -
3. Use. The last two sentences of Paragraph 8 Use of
1973 A reement are deleted and in place thereof the following
the g
is provided:
"Landlord reserves, however, the right to
designate ten (10) persons who shall have the use
of the facilities on equal terms with Owners and
Guests. Every six (6) months, but not more
frequently, Landlord shall give Tenant written
notice of the names and addresses of such P No
who are authorized to use the Tennis s Facility- sons
party other than Oc a Landlord Guests shall.be allowed
designated in writinng g y rd shall be used The La
to use the Tennis Facility- eration of the
for no other purpose except the op
and ancillary uses. Except for the
Tennis Facility other improvements shall be
no
Tennis Facility, ur oses of this
permitted on the Land• month periods shall mean
paragraph, the six (6)
J
January 1 through June 30 and July 1 through
December 31 each year.
h 9 Fee of the 1973 agreement is
4. Rental. Parag ra P
nd in place thereof the following is
deleted in its entirety a
provided:
"Each year during the term hereof commencing
1983 and continuing until December 31,
January 1, agrees to pay to
2082, Tenant cove nants and ag : any kind,
Landlord without set -off or deduction on
semi - annual instalimandsa�othertinstall ;lent of
or before January „
$3,750.00 on or before July 1.
and Paragraphs 11(b)
5. Term. Paragraph 10 Appr sal
(c) and (d)
Termination of the 1973 Agreement are hereby deleted
a) is amended to provide as
in their entirety.
Paragraph 11(
follows:
until
"This Agreement shall remain
terminatedcearlier
December 31, 2083, un less
prusuant to the provisions hereof ".
- 3 -
6. Relocation of Tennis Facility. In the event
Landlord or its successors or assigns shall develop any part of
rthe remaining portions of the 1001 Lode Mining Claim, Landlord
�+ shall have the right to demolish and remove one or more of the
existing tennis courts included within the Tennis Facility;
provided however, that prior to any demolition Landlord shall be
iY
obligated to relocate and reconstruct such tennis courts
elsewhere on the 1001 Lode Mining Claim subject to the following:
(a) Landlord shall be responsible for obtaining any
rnecessary governmental approvals or permits.to demolish and
un
relocate the tennis courts.
r
(b) There shall be convenient access to the tennis
rcourts,'as relocated, for the Owners of The Gant Condominiums and
their Guests. No tennis court may be relocated more than one
hundred feet (100') from its present. location. Such access shall
be subject to approval by Tenant which approval shall not be
m unreasonably withheld or delayed.
(c) The tennis courts, as relocated, shall be of equal
or superior construction to the courts that have been demolished.
To the extent practicable, construction shall be in accordance
,— with the Tennis Court Paving Materials and Construction
" Specifications attached as Exhibit "B" to the 1973 Agreement.
�r (d) All costs associated with the demolition and
relocation of the tennis courts shall be paid by Baldwin.
(e) The 1973 Agreement shall be further amended to
'J
delete from the leasehold estate, the tennis courts that have
�. been demolished and to include within the leasehold estate the
'_, - 4 -
1 t
tennis courts as relocated. Landlord shall be responsible for the
preparation of such amendment in recordable form, together with
any necessary legal descriptions thereto.
(f) Any lands upon which the tennis courts are
relocated shall be free and clear of all liens or encumbrances or
in the alternative any holder thereof shall agree by instrument
lien encumbrances to
in recordable form to subordinate such or
i
the leasehold estate for the tennis courts as relocated. At
'
Landlord's expense, Tenant shall be provided with a leasehold
'
title insurance policy covering the lands upon which the tennis
courts are relocated.
7. Default. Paragraph 15 Specific Performance of the
�.
1973 Agreement is hereby amended to provide the following
additional remedies:
If Tenant shall default in the payment of any rent
when due as herein provided, and such default
shall continue for thirty (30) days after notice
thereof in writing to Tenant, or if default shall
�•
be made in any of the other covenants, agreements,
conditions or undertakings herein contained to be
kept, observed and performed by the Tenant, and
such default shall continue for sixty (60) days
.M
after notice thereof in writing to the Tenant, or
if Tenant shall vacate or abandon the Land, then
it shall be lawful for Landlord, at its election
to declare the said term ended and in addition to
any other remedies herein contained or as may be
permitted by law, Landlord may either by force or
®
otherwise, without being liable for prosecution
therefor, or for damages, re -enter the said Land
and again possess the same and the improvements
thereon. with respect to any default where a sixty
(60) day notice has been given to Tenant and
provided Tenant has commenced to cure such default
prior to the expiration of said sixty (60) day
period, Tenant shall be entitled to reasonable
extensions of said sixty (60) day period so long
as Tenant continues with all reasonable diligence
and dispatch to cure said default. Any
improvements of Tenant not removed upon such
- 5 -
t
termination, or upon any vacating or abandonment,,
or upon Tenant's eviction shall be considered
abandoned and title.thereto shall pass to Landlord
who shall have the right to deal in any manner
with such improvements as the owner thereof and
without being accountable or liable whatsoever to
Tenant. The Landlord shall have a lien paramount
to all others on every right and interest of the
Tenant in and to the leasehold estate and on any
improvements on or hereafter placed on the Land,
and on any furnishings, equipment, fixtures, or
' other personal property of any kind belonging to
the Tenant, or the equity of the Tenant therein.
Such lien is granted for the purpose of securing
' the payment of rents, herein covenanted to be paid
by the Tenant, and for the purpose of securing the
performance of all other obligations of Tenant to
Landlord. Such lien shall be in addition to all
other rights of the Landlord given under statutes
of this State, which are now or shall hereinafter
be in effect. In the event of any litigation or
fother action or proceeding between the parties
m hereto arising out of the performance or
non - performance of any party hereto, or
enforcement of any rights or remedies hereunder,
the prevailing party shall be entitled in such
litigation, action or proceeding to also recover
as part of any judgment, award or other relief,
its reasonable attorney fees and cots incurred.
The Landlord and Tenant expressly waive any right
�l which either may have to trial by jury of any
dispute arising hereunder. Landlord's remedies
■ hereunder shall not be exclusive and in the event
of any default by Tenant or if Tenant shall vacate
or abandon the Land, Landlord may exercise any
other remedy it may have including forcible entry
and detainer.
8. Indemnitv. Tenant agrees to and shall save, hold,
keep harmless, and indemnify Landlord from any for any and all
claims, judgments, awards, payments, or liability, including
attorney fees incurred by Landlord for any losses or damage to
a
the premises or injuries or death to persons occasioned wholly or
in part or resulting from any acts or omissions by Tenant or
Tenant's 9 uests, licensees, or invitees, for any cause or reason
- 6 -
J
J
1�
1
e�
o�
1�
1�
1�
bUUA -171: 1 (-U v V
whatsoever arising out of or by any use, occupancy or possession
of the Land or Tennis Facility thereon by Tenant.
9. Entry by Landlord. Tenant agrees that Landlord and
its agents, employees, or other representatives shall have the
right to enter into and upon the .Land, Tennis Facility or any
part thereof, at any reasonable hour for the purpose of examining
or inspecting the same or for the safety and preservation
thereof. This clause shall not be deemed to be a covenant by the
Landlord nor be construed to create an obligation on the part of
the Landlord to make any examination, inspection or repairs.
Tenant shall at all times provide Landlord with any keys
necessary to enter into the Tennis Facility.
10. Sublet or Assignment. Except as to any mortgages,
security agreements, or other liens that may be created or
granted by Tenant for the benefit of Landlord and except as to
use of the Tennis Facility by "Owners" and "Guests" as permitted
under the 1973 Agreement, Tenant shall not let, sublet, relet,
set over, assign, hypothecate, mortgage, pledge, or otherwise in
any way transfer or encumber or suffer to be used by others this
leasehold estate, the Land or improvements thereon or any part
thereof.
11. No Waiver. No assent by Landlord, either expressed
or implied, to any breach or default of any one or more of the
covenants or agreements herein shall in any way be construed as a
waiver of any succeeding or other breach or default.
7 -
1
r,
n
�l
1
I
r
e00K 447 PAGE 97
12. Notices. All notices required under the terms of
the 1973 Agreement or any amendments thereto shall be given in
person or by mailing such notice by certified or registered mail,
return receipt requested, to the address of the parties a shown
at the beginning of this Amendment to Agreement, or to such other
address as may be designated in the same manner. If not sooner
received, any notice given by mail shall conclusively be deemed
received five (5) days after the date of certification or
registration.
Copies of any notices to Landlord shall be sent to:
Ronald Garfield
GARFIELD & HEHCT, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
Copies of any notices to Tenant shall be sent to:
Nicholas McGrath
AUSTIN, McGRATH & JORDAN
600 East Hopkins, #205
Aspen, Colorado 81611
13. Miscellaneous. In the event of any conflict
between the provisions of this Amendment to Agreement and the
1973 Agreement, the provisions of the Amendment to Agreement
shall govern and control the obligations and performance of the
parties. All provisions of the 1973 Agreement not inconsistent
herewith are reincorporated herein and reaffirmed by the parties
as though set forth in'full verbatim.
IN WITNESS WHEREOF, the parties have signed this
Amendment to Agreement the day and year first written above.
BOOR 447 P,4Gt 99
1
' ACKNOWLEDGEMENT PAGE TO
AMENDMENT TO AGREEMENT
STATE OF
� ss.
COUNTY OF
t
e �rfSTATE�OF On A <) )
ss.
n COUNTY OF
The forego,ing Amendment to Agreement was acknowledged
'i' before me this (I i day of I Lt /LC., , 1983 by �!1 �r[`✓1
(o do e, Secre glary of and on behalf of THE GANT
CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation.
p.'•% WITNESS my hand and official seal.
"S' My commission expires : c,- 15 - $ 7
�� �-�-� ; `� •� �_ My address is: L-G/ c f1Sf
Notary Public
17
17
- 10 -
before
The foregoing Amendment o Agreement was acknowledged
day
me
is ,n,
1'.
of {_ 11 1983 by .
•.�L,1(r, =1m
I)Rr ?KL-r1
, President of and on behalf of THE GANT
CONDOMINIUM ASSOCIATION,
INC., a Colorado nonprofit corporation.
•
WITNESS my hand
and official seal.
.i
My commission expires: �� -r5fr3
• t:
My address is:
X)/
TS/47) leiO l'iil d/
�i1.tL/�
✓ �i�
Notdry Public
t
e �rfSTATE�OF On A <) )
ss.
n COUNTY OF
The forego,ing Amendment to Agreement was acknowledged
'i' before me this (I i day of I Lt /LC., , 1983 by �!1 �r[`✓1
(o do e, Secre glary of and on behalf of THE GANT
CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation.
p.'•% WITNESS my hand and official seal.
"S' My commission expires : c,- 15 - $ 7
�� �-�-� ; `� •� �_ My address is: L-G/ c f1Sf
Notary Public
17
17
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/A f P e, m%k IV (o
1
ARCHITECTURAL CONTROLS
rAll
property which is now or may hereafter
be subject to the
Subdivision Covenants is also subject to
architectural and
environmental review.
Subdivision Covenants
This review shall be in accordance with
and such standards as may be promulgated by
the subdivision Board
of Directors.
Section 1. New Construction . The Board shall promulgate
architectural and Environmental standards and application
procedures. It shall make these available to owners, builders, and
developers who seek to engage in development of or construction
upon all of or any portion of the properties and shall conduct its
operations in accordance therewith. Except as other wise may be
permitted by the City of Aspen, to the extent the permission
thereof may be required by virtue of antecedent agreement, and the
remaining residential lot owner and except with respect to fences
limited to six feet in height, no construction shall occur other
than within the building envelopes prescribed in the recorded PUD
and Subdivision Agreement applicable to the subdivision.
Notwithstanding the foregoing, for so long as the Declarant shall
continue as a Residential Lot (improved or unimproved) Owner,
neither the Association nor any other Residential Lot owner shall
have the right to vary the architectural design criteria from time
to time established by the Declarant.
Section 2. Exterior Building Materials. For so long as
the Declarant shall continue as a Residential Lot (improved or
unimproved) Owner, exterior building materials shall be limited to
natural earth tones and shall be further limited to wood siding,
wood shingles, stone and glass with cedar shingles for pitched
roofs.
Section 3. Modifications. The Board shall have exclusive
jurisdiction over modifications, additions or alterations made on
or to any building or landscaping improvements from time to time
installed on any Residential Lot. The Board shall promulgate
detailed standards and procedures governing its area of
responsibility and practice in respect of modifications, additions
or alterations shall be submitted to the Board for approval as to
quality of workmanship, and design and harmony of external design
e with existing structures and as to location n relation to
surrounding structures, topography, and finish grade elevation.
Nothing contained herein shall be construed to limit the right of
an owner to remodel the interior of his or her residence or to
paint the interior of his or her residence any color desired. In
the event the Board fails to approve or to disapprove such plans or
to request additional information reasonably required within forty -
five (45) days after submission, the plans shall be deemed
approved.
ArP end t k
THOMAS G. STEVENS ASLA
PRESIDENT
PROFESSIONAL EXPERIENCE:
THE STEVENS GROUP, INC. 1985
to Present
President
Aspen, Colorado
DESIGN WORKSHOP, INC. 1980
to 1985
Aspen, Colorado
LAND DESIGN, INC. 1979
to 1980
Logan, Utah
MASS & GRASSLI LANDSCAPE ARCHITECTS 1978
to 1979
Ogden, Utah
EDUCATION:
UTAH STATE UNIVERSITY - 1978 through 1980:
- B.S. Landscape Architecture and Environmental
Planning
- 1980 Cum Laude
- 1980 Recipient American Society of Landscape
Architects Certificate of Honor
UNIVERSITY OF CINCINNATI - 1974 through 1978:
- College of Urban Planning and Environmental Design
PROFESSIONAL AFFILIATIONS:
American Society of Landscape Architects
Urban Land Institute
Red Onion Offices, 418 E. Cooper Ave., Suite 205, Aspen, Colorado 81611
(303) 925 -6717 FAX: (303) 925 -6707
Glenn Horn
300 East Hyman Suite S
Aspen, Colorado 81611
Ref: 1001.0te Ave. Storm Drainage
Nov. 2, 1990
After the review of the drawings by Finhoim and associates, and calculating
the run off from the buildings and the pavement, it is my opinion that the
40 foot diameter dry well.and the 75 foot by 25 foot retention area as shown
on the drawings is adequate to retain the historic drainage on the site.
Re sp ct ully bmittpd,
Robert Fletcher P.E.
0
•,• •.� � , f, •ter
AfPe -nd "y
Chen &Associates cie
Consulting Geotechnical Engineers 303
4W
ENGINEERING GEOLOGIC RECONNAISSANCE
AND MINE DUMP STUDY
PROPOSED RESIDENTIAL DEVELOPMENT
1001 CLAIM, UTE AVENUE
ASPEN, COLORADO
Prepared For:
Dale C. Bullough
5960 South DTC Boulevard, Suite 600 -
Englewood, CO 80111
Attention: Mr. J. R. McIntyre
Job No. 4 423 86 November 21, 1986
k
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TABLE OF CONTENTS
SCOPE AND PURPOSE OF STUDY
PROPOSED DEVELOPMENT
SITE CONDITIONS
GEOLOGIC SETTING
Site Geology
POTENTIAL GEOLOGIC IMPACTS
Snow Avalanches
Potentially Unstable Slopes
Mine Dump
Subsidence Due to Underground Mines
Debris Flows
Soil Erosion
Seismicity
MINE WASTE TOXICITY
PRELIMINARY FOUNDATION TYPES
LIMITATIONS
BIBLIOGRAPHY
FIGURE 1 - SURFICIAL GEOLOGY
FIGURE 2 - GRADATIO14 TEST RESULTS
TABLE I - SUMMARY OF TEST PIT PROFILES
TABLE II - SUMMARY OF LEAD CONCENTRATION TESTS
TABLE III - SUMMARY OF EP TOXICITY TESTS
Chen &Associates
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2
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5
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fl
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9
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SCOPE AND PURPOSE OF STUDY
This report presents the results of an engineering geologic
reconnaissance and preliminary mine dump evaluation for the
proposed 1001 Claim Residential Development located in the south-
eastern part of Aspen. Pitkin Countv. Colorado_ as shown nn
Fig. 1. The study was performed as authorized by Mr. J. R.
McIntyre.
This report describes the general engineering geologic condi-
tions at the site and identifies potential geologic impacts to
the proposed development. A preliminary evaluation of the poten-
tially toxic constituents in the mine dumps on the property was
also made. The study includes a review of published geologic
literature, a geologic site reconnaissance, test pit excavation,
and chemical analysis of mine dump samples from the test pits.
The purpose of this report is to provide the owner with a prelim-
inary site characterization to aid in planning and preliminary
design.
PROPOSED DEVELOPMENT
We understand the proposed development will include subdi-
vision of the property into four duplex residential lots and an
access road. We assume the structures will be wood frame con-
struction and typical of residences in the area. The development
will be serviced by Aspen municipal water and sewerlines. There
are various development configurations being considered for the
access road and the proposed structures. The proposed building
Chen & Associates
locations for Alternative 1 are shown on Fig. 1. Because of the
steep site terrain, grading will be an important aspect of the
property improvement.
' SITE CONDITIONS
The site consists of approximately two acres of land that is
occupied by mine waste piles and tennis courts. Ute Avenue
borders the property on the north. Existing residential develop-
ments are adjacent to the western and northwestern boundaries of
the site. The land to the south and to the east of the site is
undeveloped and forested.
The property lies near the toe of Aspen Mountain on the
southern edge of the Roaring Fork Valley. The site topography is
irregular and generally slopes steeply down to the north. The
' . natural terrain has been modified b large mine Y a g n dump near the
middle of the property. Slopes in the area of the mine dump are
locally as steep as 100% but generally 65% and less. The lower
part of the site has been leveled and three paved tennis courts
constructed. The tennis courts may remain in the present
location or may be relocated as part of the development. An old
railroad grade lies to the south and upslope of the mine dump and
is paralleled by a trail approximately 70 to 80 feet further
upslope. We understand the upper trail bench has been
constructed in the last year or two.
Above the mine dump, the natural slopes are p r thickly vegetated
with aspens and pines. The mine dump is sparsely vegetated with
Chen &Associates
-3—
grasses and brush. A few cottonwood trees grow on the lower
parts of the site near the valley floor.
GEOLOGIC SETTING
The geology in the project area is complex. Three major
structural elements, the Sawatch Uplift, the Colorado Mineral
Belt, and the southwest part of the Eagle Structural Basin come
together in the vicinity of Aspen, Colorado. The bedrock in this
area is complexly folded and faulted. Regional geologic mapping
of the Aspen area (Bryant, 1971) indicates that the near - surface
bedrock beneath the site is a complexly faulted series of Cam-
brian to Mississippian -age sedimentary rocks and Precambrian
igneous rocks. Bedrock outcrops are not present on the site.
The Roaring' Fork Valley was occupied by valley glaciers
during the Pleistocene. Glacial deposits occur at places on the
valley slopes and along the valley floor.
Site Geology: Our interpretation of the surficial geology on the
site is shown on Fig. 1. The surface deposits on the southern
part of the site above the mine dump consist mainly of colluvial
soils composed of angular rock fragments in a clayey sand
matrix. These deposits are identified by map symbol Qc.
Near the center of the site, the mine dump is the surface
deposit. The mine dump is mainly angular limestone, shale and
igneous rock fragments in a clayey and silty matrix. The mine
dump is identified by map symbol MD.
On the lower part of the site, the soil is a. poorly sorted
glacial moraine deposit which ranges from clay to boulder -size
Chen &Associates
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particles. The gravel to boulder sized 'materials are generally
subrounded. The glacial deposits are identified by map symbol
Qg.
POTENTIAL GEOLOGIC IMPACTS
Based on our geologic evaluation, several conditions of a
geologic nature have been identified which should be considered
during development of the site. These conditions include poten-
tial snow avalanches, potentially unstable slopes, the mine dump,
potential subsidence due to underground mines, the potential for
debris flows, erosion potential, and seismicity.
Snow Avalanches: The vacant area directly adjacent to the
property on the east has been identified as a snow avalanche
track (Mears, 1979). The distribution of vegetation and broken
trees indicate that an avalanche probably occurred here in the
relatively recent past. In addition, the steep slopes on the
upper part of the site and directly above the site have been
identified as a potential avalanche area (Colorado State Univer-
sity, 1974, Bryant, 1972 and Mears, 1979). Several small to
moderate -sized avalanche tracks occur above the site. We recom-
mend that an avalanche expert be consulted to evaluate the
potential for snow avalanches and impact on the proposed
development.
Potentially Unstable Slopes: Evidence of landslides was not
observed on the site. The slopes on the property are steep to
locally very steep and extensive site grading for the development
may be needed. The slopes may be subject to movement due to the
Chen & Associates
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I
site grading or construction. The sections of the site which may
be affected by potentially unstable slopes in our opinion extend
from the tennis courts to the
south boundary of the site. When
grading plans are more complete, we should be contacted to
provide geotechnical evaluation. Site specific geotechnical
investigations should be conducted to evaluate the stability of
proposed cuts and fills that are planned in the areas above the
tennis courts.
Mine Dump: The dump covers approximately one -half of the area of
the property. The mine dump materials, based on our experience,
do not comprise a suitable soil for providing foundation sup-
port. These materials may be extremely variable in texture and
density and may include miscellaneous debris such as mine tim-
bers, old metal waste, and other debris. The impacts of the mine
dump materials with respect to building foundations and toxicity
potential are discussed later in this report.
Subsidence Due to Underground Mines: The apparent source of the
r mine dump materials that occur on the site is
the Lower Durant
Tunnel. The portal for the tunnel lies 200 to 300 feet to the
west of the site. During our review of geologic literature, we
found no documentation of major underground mines below the
property. The property lies to the east of the major areas of
rmining activity. Based on our reconnaissance and literature
review, we believe it is unlikely that extensive mine workings
underlie the site. The risk for mine - induced subsidence is
considered to be low.
Chen &Associates
Se
Debris Flows: One of the major gulches that drains runoff from
Aspen Mountain, -Spar Gulch, empties onto a small debris fan
approximately 300 feet west of the site. Historic floods and
debris flows resulting from intense thunderstorms have occurred
in the vicinity of Spar Gulch and have inundated areas downslope
(Aspen Times, 1919; Aspen Times, 1964). A debris flow or flood
originating from Spar Gulch could impact the lower, western
section of the site. Since other areas not involved in the
development may be impacted, debris flow mitigation for the
project can be handled by an overall storm water and debris flow
management plan for the sections of the City of Aspen near the
base of Aspen Mountain.
The steep slopes above the site may constitute a potential
source for small debris flows. This heavily vegetated part of
the site should not be disturbed to help limit debris flow
potential. We recommend that the potential for debris flow /flood
impact on the site be evaluated by a surface water hydrologist
and that high sediment concentrations be analyzed in connection
with such events.
Soil Erosion: Because of the steepness of the site, areas
stripped of vegetation for construction will be subject to ero-
sion. Concentrated runoff should not be allowed to discharge
onto steep, unprotected slopes. All stripped areas should be
revegetated or protected by other means. Erosion control mea-
sures should be made part of the overall development plan.
Seismicity: Historic seismic activity in the Aspen area has been
relatively low. Potentially active faults have not been iden-
Chen & Associates
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tified in the project area (Kirkham & Rogers, 1981). In our
opinion, the area does not present an earthquake risk above that
normally considered for the region. The site is in Uniform
Building Code Seismic Zone 1.
MINE WASTE TOXICITY
A preliminary evaluation of the extent of the mine dump at
the site was performed.by making a geologic reconnaissance and by
digging five pits with a backhoe. Our interpretation of the
extent of the mine dump and the test pit locations is shown on
Fig. 1. A summary of the subsurface profiles encountered in the
pits is presented in Table I. Pit 1, located near the top edge
of the dump where the depth is probably tens of feet deep, did
not penetrate the pile depth. Pits 2 through 5, which were
excavated near the periphery or in less extensive dump areas,
penetrated the mine waste and extended into the underlying
natural soils.
Samples of the mine waste and natural soils were subjected to
laboratory testing to evaluate their toxicity potential. The
results of the lead concentration tests are presented in
Table II. Three of the samples which showed the highest lead
concentration were subjected to EP Toxicity Tests which are
presented in Table III.
Based on the laboratory testing and our experience in the
area, the mine waste materials represent a hazard with respect to
lead concentration. It appears that some of the natural soil
below the mine dump could also be classified as a hazardous
Chen &Associates
material. We understand that mitigation of the toxicity hazard
will probably consist of a soil cap and revegetation of the
slopes. The specific mitigation plan and level of protection
will need to be coordinated with local environmental
authorities. When more specific property development plans are
known, an appropriate level toxicity mitigation plan should be
included as part of the development plans.
PRELIMINARY FOUNDATION TYPES
Limited subsurface exploration was performed as part of the
mine waste evaluation. The natural soils encountered below the
mine waste consist mainly of coarse granular soils. The mine
waste material is a variable type, relatively loose and contains
miscellaneous debris. Building foundations constructed at the
site should be placed entirely on the undisturbed natural
soils. Where the mine waste is relatively deep, pile foundations
will probably be needed. Where the depth of the mine dump is
relatively shallow, excavating through the material and placing
spread footings on the natural soil can probably be used. This
procedure of foundation construction has been successfully
followed on the adjacent Chance Claim Subdivision. When the
building locations and grading plans have been determined, a site
specific subsurface investigation should be performed to
determine foundation design parameters.
Chen &Associates
LI14ITATIONS
This report has been prepared in accordance with generally
accepted geotechnical engineering practices in this area for use
by the client for design purposes. The conclusions and recommen-
dations submitted in this report are based upon the data obtained
from the geologic reconnaissance, the exploratory pits excavated
at the locations indicated
on the
exploratory
pit plan,
and the
proposed development plans.
The
information
presented
in this
report is suitable for planning and preliminary design pur-
poses. We recommend additional exploration and evaluation for
specific grading and building design.
If you have any questions or if we can be of further assis-
tance, please let us know.
ti�+'v •p'�
•
15222
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Doremus and Wells
Chen &Associates
Very truly yours,
CHEN & ASSOCIATES, INC.
By Xot4 J G
Ro Sp ' z
En ineeri g Geologist
and By. ?"
Steven L. Pawlak, P.E.
-10-
BIBLIOGRAPHY
Aspen Times, September 5, 1919, Page 1, Cloudburst Scatters Mud
Over City.
Aspen Times, August 7, 1964, Page 16, Worst Cloudburst in Years
Floods Aspen on August 5.
Bryant, Bruce, 1971, Geologic Map of the Aspen Quadrangle, Pitkin
County, Colorado, U.S.G.S. Map GQ -933-
Bryant, Bruce, 1972, Map Showing Areas of Selected Potential
Geologic Hazards in the Aspen Quadrangle, Pitkin County,
Colorado, U.S.G.S. Map I- 785 -A.
Bryant, Bruce, 1972, Map Showing Avalanche Areas in the Aspen
Quadrangle, Pitkin County, Colorado, U.S.G.S. Map I- 785 -G.
Bryant, Bruce, 1972, Map Showing Mines, Prospects, and Areas of
Significant Silver, Lead and Zinc Production in the Aspen
Quadrangle, Pitkin County, Colorado, U.S.G.S. Map I- 785 -G.
Colorado State University, 1974, Pitkin County, Colorado, Lower
Roaring Fork Valley, Environmental Resource Analysis.
Kirkham, Robert M., and Rogers, William P., 1981, Earthquake
Potential in Colorado, Colorado Geological Survey, Bulletin
43.
Mears, Arthur I., 1979, Colorado Snow - Avalanche Area Studies and
Guidelines for Avalanche Hazard Planning, Colorado
Geological Survey, Special Publication 7.
Rohlfing, 1943, Map of Workings in the Aspen Mining District,
Pitkin County, Colorado.
U.S. Geological Survey, 1928, Field Record File, RQ -34, Mines
of Aspen, Pitkin County, Colorado.
Chen & Associates
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si
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TABLE I Job No. 4 423 86
Summary of Test Pit Profiles
Pit
Pit
Mine Waste
Natural
Number
Depth (ft)
Depth (ft)
Soil
Comments
1
10
10
Not encountered
Wood debris in
mine waste.
2
10
5
Silty sand, gravel
and cobbles
3
9
3
Silty sandy, gravel
with cobbles
4
8
3 112
Clayey sand and
Refusal on large
gravel with cobbles
boulders
and boulders
5
8
7 112
Clayey sand and.
Refusal on large
gravel with cobbles
boulders
and boulders
TABLE II
Job No. 4 423 86
Summary of Lead Concentration Tests
Sample Lead Material
Location Concentration Type
(ppm)
Pit
1
at
3
- 6'
2,190
Mine Waste
Pit
2
at
0
- 3'
16,600
Mine Waste
Pit
2
at
6
- 9'
5,350
Natural Soil
Pit
3
at
0
- 2'
1,160
Mine Waste
Pit
3
at
3
- 5'
391
Natural Soil
Pit
4
at
0
- 3'
1,110
Mine Waste
Pit
4
at.5
- 8'
213
Natural Soil
Pit
5
at
3
- 6'
3,640
Mine Waste
Note: All results in mg /1.
TABLE III
4 423 86
Maximum
Pit 2 at
Pit 2 at
Pit 5 at
Concentration
Samole
0' - 1'
6' - 9'
6'
Allowable
Arsenic.
0.000
0.000
5.0
Barium
3.24
.2.06
2.84
100.0
Cadmium
0.788
0.585
0.277
1.0
Chromium
0.00
0.00
0.00
5.0
Lead -
8.14
7.82
4.56
5.0
Mercury
0.00042
0.00006
0.00021
0.2
Selenium
0.000
0.006
0.006
1.0
Silver
0.00
0.00
0.00
5.0
Note: All results in mg /1.
Note: All results in mg /1.
TABLE III
4 423 86
Maximum
Pit 2 at
Pit 2 at
Pit 5 at
Concentration
Sample
Of - ��
61 - 9'
�' - 6�
Allowable
Arsenic
0.002
0.000
0.000
5.0
Barium
3.24
2.06
2.84
100.0
Cadmium
0.788
0.585
0.277
1.0
Chromium
0.00
0.00
0.00
5.0
Lead
8.14
7.82
4.56
5.0
Mercury
0.00042
0.00006
0.00021
0.2
Selenium
0.000
0.006
0.006
1.0
Silver
0.00
0.00
0.00
5.0
Note: All results in mg /1.
Note: All results in mg /1.
TABLE III
4 423 86
Maximum
Pit 2 at
Pit 2 at
Pit 5 at
Concentration
Sample
Of - 3'
6f - 9
3' - 6'
Allowable
Arsenic
0.002
0.000
0.000
5.0
Barium
3.24
2.06
2.84
100.0
Cadmium
0.788
0.585
0.277
1.0
Chromium
0.00
0.00
0.00
5.0
Lead
8.14
7.82
4.56
5.0
Mercury
0.00042
0.00006
0.00021
0.2
Selenium
0.000
0.006
0.006
1.0
Silver
0.00
0.00
0.00
5.0
Note: All results in mg /1.
f
APPENDIX C
5080 Road 154
Chen - Northern, Inc.
5lirngs
Boise
Great Faiis
"elena
Glenwood Springs, CO 81601
CaSDer
. Phoenix
303'945 7458
Coioraco Springs
Doca!eilo
Denver
Rock Springs
Elko
Sait Lake City
Evanston
San Antonio
G iette
Tr GGties
Glenwood Sonngs
Yakima
Job No. L 209 89
SUPPLE2•1EN7AL GECTECHNICAL STUDY
PROPOSED 1001 UTE AVENUE SUBDIVISION
ASPEN, COLORADO
Prepared For:
1001 Ute Avenue Partnership
c/o Richard Neiley
Attorney at Law
600 East Hopkins, Suite 3
Aspen CO 81611
Attn: Richard Neiley
A member of the HIH group of companies
EXHIBIT 1
February 23, 1989
1
TABLE OF CONTENTS
CONCLUSIONS
PURPOSE AND SCOPE OF STUDY
PROPOSED CONSTRUCTION
SITE CONDITIONS
FIELD EXPLORATION
SUBSURFACE CONDITIONS
POTENTIAL GEOLOGIC IMPACTS
FOUNDATION RECOMMENDATIONS
FOUNDATION AND RETAINING WALLS
FLOOR SLABS
UNDERDRAIN SYSTEM
SITE GRADI14G
MINE WASTE TOXICITY
LIMITATIONS
FIGURE 1 - LOCATION OF EXPLORATORY BORINGS
FIGURE 2 - LOGS OF EXPLORATORY BORINGS
FIGURE 3 - LEGEND AND NOTES
FIGURES 4 A14D 5 - GRADATION TEST RESULTS
TABLE I - SUMMARY OF LABORATORY TEST RESULTS
Chen - Northern, Inc.
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2
3
4
4
6
I
9
9
10
11
1
CONCLUSIONS
Development of the site as planned appears feasible based on
geotechnical considerations. The two proposed residences are
located on top of the existing tailings piles and special founda-
tion treatment such as spread footings or pile foundations bearing
on the underlying natural soils are recommended for the building
support. A structural retaining wall will be needed along the
uphill side of the access road. Cut and fill slope grades along
the roadway and downhill side of the tailings pile should be graded
to 2 horizontal to 1 vertical or flatter. The graded slopes should
be revegetated or protected by other means to prevent erosion. The
toxicity of the mine waste can probably be mitigated by capping
them with noncontaminated soil and revegetation.
PURPOSE AND SCOPE OF STUDY
This report presents the results of a supplemental geotechnical study for
the proposed 1001 Ute Avenue Subdivision located in the southeastern part of
Aspen, Pitkin County, Colorado. The project site is shown on Fig. 1. The
study was conducted in accordance with our proposal for professional services
letter to Vann Associates, Inc., dated January 27, 1989. Chen & Associates,
Inc. (now known as Chen - Northern, Inc.), previously conducted an engineering
geology and mine dump study at the site and reported our findings on Novem-
ber 21, 1986, Job No. 4 423 86. The purpose of the current study is to
provide, subsurface information for use in planning and preliminary design and
to address the potential geologic impacts on the current development plans.
A field exploration program consisting of drilling exploratory borings
was conducted to obtain information on subsurface conditions. Samples
obtained during the field exploration were tested in the laboratory to deter-
mine their engineering characteristics. The results of the field exploration
and laboratory testing were analyzed to develop preliminary recommendations
for possible foundation types, depths and allowable bearing pressures and for
Chen - Northern; Inc.
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grading criteria of the access road and mine dump pile. The results of the
field exploration and laboratory testing are presented in the report.
This report has been prepared to summarize the data obtained during this
study and to present our conclusions and recommendations based on the geologic
�1
conditions identified, the proposed construction, and the subsurface condi-
tions encountered. Design parameters and a discussion of geotechnical engi-
neering considerations related to construction of the proposed subdivision are
included in the report.
PROPOSED CONSTRUCTION
The subdivision is proposed to consist of two residential buildings and
an access road located approximately as shown on Fig. 1. The existing tennis
courts will be relocated to accommodate the driveway access. The building
sites are situated on top of the existing mine dump which will be downcut up
to about 10 feet to achieve a relatively flat building area. The downhill
proposed to be disposed of on -site.
If building locations or grading plans change significantly from those
described above, we should be notified to reevaluate the recommendations
contained in this report.
SITE CONDITIONS
The site is in similar condition to that described in our previous report
of November 21, 1986. The site slopes down to the north at irregular grades
Chen - Northern, Inc.
side of the mine dump will be graded to a maximum slope of 2 horizontal to
1 vertical. Cut
and fill sections up to about 10
to 12 feet deep are proposed
along the access
road. The uphill cut which is
into the natural hillside is
proposed to be
supported by a retaining wall.
The mine dump material is
proposed to be disposed of on -site.
If building locations or grading plans change significantly from those
described above, we should be notified to reevaluate the recommendations
contained in this report.
SITE CONDITIONS
The site is in similar condition to that described in our previous report
of November 21, 1986. The site slopes down to the north at irregular grades
Chen - Northern, Inc.
due to the past development with an elevation differential of about 50 feet
within the proposed development area. The lower and middle parts cf the sites
are relatively flat with a very steep intervening slope consisting of mine
dump material. The hillside above the development area is heavily forested
and has an average grade of about 50 %. The old Midland Railroad grade and an
uphill ski trail which were present at the time of our 1986 study are located
on the steep slope above the development area. About 2 to 3 feet of snow
covered the property at the time of our field work.
FIELD EXPLORATIO14
The field exploration for the project was conducted on February 1, 1989.
Three exploratory borings were drilled at the locations shown on Fig. 1 to
evaluate the subsurface conditions including the mine dump depth. The borings
were advanced with 4 -inch diameter continuous flight augers powered by a
track - mounted CME -45 drill rig. Access onto the mine dump piles was difficult
due to the snow cover and steep irregular terrain. A small dozer was used to
make a trail into the property from the vacant lot to the east which is the
same access route used in the 1986 exploration work. The borings were logged
by a representative of Chen - Northern, Inc.
Samples of the subsoils were taken with a 1 3/8 -inch I.D. spoon sampler.
The sampler was driven into the subsoils at various depths with blows from a
140 -pound hammer falling 30 inches. This test is similar to the standard
penetration test described by ASTM Method D -1586. The penetration resistance
values are an indication of the relative density or consistency of the sub-
soils. Depths at which the samples were taken and the penetration resistance
values are shown on the Logs of Exploratory Borings, Fig. 2. The samples were
returned to our laboratory for review by the project engineer and testing.
Chen- Northern, Inc.
-4-
SUBSURFACE CONDITIONS
Graphic logs of the subsurface profiles encountered at the site are shown
1 on Fig. 2. The two borings drilled in the proposed building sites encountered
mine dump waste up to a depth of about ;0 feet below the existing ground
surface. The depth to the contact with the natural ground surface likely
,1 increases to the north due to the natural jround surface slope. Hole 3,
located in the upper part of the access road, encountered a much smaller fill
depth. The mine waste consists mainly of sand and gravel -size fragments that
are silty to clayey and contain cobbles and possibly boulder -size material.
The underlying soils encountered in the borings consist of medium dense silty
to clayey sandy gravel with cobbles and probable boulders. The mine waste and
natural subsoils are like those described in -our previous engineering report.
The penetration resistance testing of the soils indicates the mine waste is
relatively loose and the natural gravels are medium dense to dense.
Laboratory testing performed on samples obtained from the borings con-
sisted of in -situ moisture content and gradation analyses. Results of
gradation analyses performed on small diameter drive samples (minus 1 1/2 -inch
fraction) of the mine waste and natural coarse granular soils are shown on
Figs. 4 and 5. The laboratory testing is summarized in Table I.
No free water was encountered in the borings at the time of drilling and
the subsoils were generally moist. The groundwater level is generally known
to be relatively deep in the area except for possible seasonal perched water
conditions due to snowmelt.
POTENTIAL GEOLOGIC IMPACTS
The geologic conditions which could potentially impact development on the
site were presented in our previous engineering report and consist of snow
Chen - Northern, Inc.
avalanche, unstable slopes, mine dump, subsidence due to underground mines,
debris flow, erosion and seismicity. We understand that the potential snow
avalanche impact and mitigation are being studied by others. The risk of
subsidence due to underground mines is considered to be low since we found no
documentation of any major underground mines below the property. The earth-
quake risk is considered typical for the area and buildings should be designed
in accordance with the Uniform Building Code Seismic Zone 1 requirements.
Evidence of landslides was not observed on the site but there is a risk of
construction induced slope instability due to the proposed cuts and fills
within the development areas. Methods to reduce the risk of instability
�. associated with the grading are presented below in the "Site Grading" section.
There may be debris flow or flooding potential originating from Spar Gulch
within the lower western part of the site. The proposed development is
located within the upper part of the site which should be outside of Spar
Gulch impact but could be impacted by other small debris flows. Development
is not proposed within the upper, steeply sloping and heavily vegetated part
of the site which should help to limit the debris flow potential. We recom-
mend that the grading surrounding the proposed residences be designed by a
surface water hydrologist to allow for potential flooding including high
sediment concentrations. Erosion potential of the graded areas should be
controllable by revegetation where there is sheet flow runoff and by riprapped
channels where flow is concentrated such as along the edge of the road.
Comments regarding the mine dump impacts are discussed below in subsequent
sections and should be mitigable as part of the final design.
Chen- Northern, Inc.
�I
-6-
FOUNDATION RECOMMENDATIONS
The residential buildings are proposed
to be located on top of the
existing mine dump which has a depth of 30
feet or more. The mine waste
material is of variable type and density and
is not considered suitable for
support of foundation loadings. Based on the residential type construction
and the subsurface conditions encountered in
the exploratory borings, we
recommend building foundations constructed at
the site be placed entirely on
the The
undisturbed natural soils. mine dump
is relatively deep on Lot 2 and
aa
drilled pier or driven pile foundation will
probably be needed. At Lot 1,
the mine waste depth is more limited and a spread footing foundation excavated
to below the waste material may be feasible.
Small diameter pressure- grouted
piles have been used for support of residences
constructed on mine waste fill
Claim Subdivision.
in the Chance Driven piles
such as a heavy steel H- section
with tip reinforcement are probably also a feasible foundation type. Piles
should be designed based on an end bearing capacity on the order of 10,000 psf
and a skin friction of 500 psf to 800 psf. We expect that piles will pene-
trate the natural soils about 5 to 10 feet to achieve the desired load capac-
ity. Piles should have a minimum total embedment length of 15 feet. Due to'
the coarse and dense nature of the natural subsoils, difficult driving and
drilling conditions. should be anticipated. We expect there could be some
ground subsidence during the pile installations due to the loose nature of the
mine waste. A representative of the soil engineer should observe the pile
installations on a full -time basis.
Spread footings placed on the undisturbed natural soils should be
designed for a maximum bearing pressure of 3000 psf. As an alternative, the
subexcavated mine waste could be replaced with structural fill compacted to at
least 100% of standard Proctor density at a moisture content near optimum. We
Chen- Northern, Inc.
-7-
Qexpect settlements to range to about 1 inch. Footings should have a r„inimum
width of 16 inches for walls and 2 feet for columns. Continuous foundation
walls should be reinforced to span an unsupported length of at least 12 feet.
Exterior footings or footings placed beneath unheated areas should be provided
with adequate soil cover above their bearing elevation for frost protection.
Areas of loose or soft material and existing fill encountered within the
foundation excavations should be removed. New fill placed beneath foundation
areas should extend down from the edges of the footings at an effective grade
of 1 horizontal to 1 vertical or flatter. Foundation excavations and struc-
tural fill compaction should be observed and tested by a representative of the
soil engineer.
FOUNDATION AND RETAINING 14ALLS
Building foundation walls which are laterally supported and can be
expected to undergo only a slight amount of deflection should be designed for
a lateral earth pressure computed on the basis of an equivalent fluid unit
weight of L15 pcf for backfill consisting of the on -site granular soils.
Cantilevered retaining structures such as site-grading walls along the access
drive which can be expected to deflect sufficiently to mobilize the full
active earth pressure condition should be designed for a lateral earth pres-
sure computed on the basis of an equivalent fluid unit weight of 35 pcf for
backfill consisting of the on -site granular soils.
The recommended pressures assume drained conditions behind the walls and
a horizontal backfill surface. An underdrain system is recommended to prevent
the buildup of water behind a wall. An upward sloping backfill surface will
increase the lateral pressure imposed on a foundation wall or retaining struc-
ture. The walls along the driveway should be designed for a lateral earth
Chen - Northern, Inc.
pressure of at least 50 pcf equivalent fluid unit weight for a 2 horizontal to
1 vertical backslope.
The lateral resistance of foundation or retaining wall footings will be a
combination of the sliding resistance of the footing on the foundation materi-
als and passive earth pressure against the side of the footing. Resistance to
sliding at the bottoms of the footings can be calculated based on a coeffi-
cient of friction of 0.5. Passive pressure against the sides cf the footings
�I can be calculated using an equivalent fluid unit weight of 400 pcf. The
coefficient of friction and passive pressure values recommended above assume
ultimate soil strength. Suitable factors of safety should be included in the
design to limit the strain which will occur at the ultimate strength, particu-
larly in the case of passive resistance.
FLOOR SLABS
The natural granular soils are suitable to support lightly to moderately
loaded slab -on -grade construction. To reduce the effects of some differential
movement, nonstructural floor slabs should be separated from all bearing.walls
and columns with expansion joints which allow unrestrained vertical movement.
Floor slab control joints should be used to reduce damage due to shrinkage
cracking. We suggest joints be provided on the order of 15 feet on center.
The requirements for slab reinforcement should be established by the designer
based on experience and the intended slab use. A thin layer of fine gravel
may be placed beneath floor slabs to facilitate construction.
The existing mine waste fill is considered unsuitable for support of
floor slabs. In the building areas, the fill should be removed and replaced
with properly compacted structural fill. As an alternative to removal of the
fill, a structural slab supported on the building foundations may also be
Chen - Northern, Inc.
considered. All fill material for support of floor slabs should be placed and
compacted according to the criteria presented in "Site Grading ".
UNDERDRAIN SYSTEM
Although free water was not encountered during our exploration, it has
been our experience in mountainous areas that local perched groundwater may
develop during times of heavy precipitation or seasonal runoff. Frozen ground
during spring runoff can create a perched condition. We recommend below grade
construction, such as retaining walls, crawl space and basement areas be
protected from wetting and hydrostatic pressure buildup by an underdrain
system.
The drains should consist of drain tile placed in the bottom of the wall
backfill surrounded above the invert level with free - draining granular mate-
rial. The drain should be placed at least 1 foot below lowest adjacent finish
grade and sloped at a minimum 1% to a suitable gravity outlet. Free - draining
granular material used in the underdrain system should contain less than 2%
passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a
maximum size of 2 inches. The drain gravel backfill should be at least 2 feet
deep.
SITE GRADING
Natural hillsides in the area appear to have had a relatively stable
geologic history and major stability problems are not anticipated with the use
of proper grading procedures. To limit the potential of construction-induced
slope instability, we recommend that cuts into the steep natural hillside
above the proposed building area be retained by structural walls designed
according to the criteria presented in this report. The cut and fill sections
Chen - Northern, Inc.
should also be limited in depth to about 12 feet as proposed. Permanent
unretained cut and fill sections should be graded to 2 horizontal to 1 verti-
cal or flatter. If seepage is encountered in cut sections, an investigation
■� should be conducted to determine if the seepage will adversely affect the cut
stability.
Fill sections beneath roadway and floor slab areas should be compacted to
at least 95% of standard Proctor density at a moisture content near optimum.
Before placing fill, the exposed surface should be cleared of all organic
.., matter and loose soil and benched into hillsides exceeding 5 horizontal to
1 vertical. In general, the on -site natural soils and granular portions of
the existing mine waste should be suitable for use in fills. The fill mate-
rial should be free of vegetation, topsoil or other deleterious substances and
oversized rock. The soil engineer should approve all fill utilized on the
site prior to placement.
Graded slopes should be protected against erosion by revegetation cr
other means. Surface water should not be concentrated and directed onto steep
slopes unless drainage channels with erosion protection are provided. The
ground surface surrounding the proposed buildings should have a minimum slope
of 12 inches in the first 10 feet and a minimum slope of 3 inches in the first
10 feet in paved areas. Diversion ditches or swales should be provided around
buildings or above cut slopes to control the surface runoff.
MINE WASTE TOXICITY
The testing performed as part of our previous site investigation identi-
fied the mine waste to have a potentially hazardous lead concentration.
Leaching of the lead into the underlying natural soils below the mine dump may
also have occurred. We understand that mitigation of the toxicity hazard is
Chen - Northern, Inc.
1
1
1
planned to consist of disposing cf the contaminated soils and mine waste
on -site and providing an imported noncontaminated soil to cap the materials.
We expect that the soil cap depth will need to be 2 to 3 feet but the specific
mitigation plan and level of protection will need to be coordinated with local
environmental authorities.
LIMITATIONS
This report has been prepared in accordance with generally accepted soil
and foundation engineering practices in this area for use by the client for
design purposes. The conclusions and recommendaticns submitted in this report
are based upon the data obtained from the exploratory borings drilled at the
locations indicated on Fig. 1 and the proposed type of construction. The
nature and extent of subsurface variations across the site may not become
evident until excavation is performed. If during construction, fill, soil,
rock or water conditions appear to be different from those described herein,
this office should be advised at once so reevaluation of the recommendations
may be made. .Je recommend on -site observation of excavations, foundation
bearing strata, pile installation and structural fill testing by a representa-
tive of the soil engineer.
s•p
5 tL,9 • -5�'
15222
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6F•r1l"
SLP /ec
Very truly yours,
CHEN - NORTHERN, INC.
By
St��� Xp-
Steven L. Pawlak, P.c.
Reviewed By
Daniel E. Hardin, P.E.
cc: Vann Associates, Attn: Sunny Vann
The Stevens Group, Inc., Attn: Tom Stevens
Chen - Northern, Inc.
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4 209 89 Chen & Associates r Logs of Exploratory Borings Fig. 2
LEGEND:
Fill; mine waste, mainly silty sand and gravel with cobbles, some timber debris,
loose, moist, dark brown.
Gravel (G,N1); sandy, silty to clayey, cobbles, possible boulders, medium dense
to dense, moist, brown.
Drive sample; standard penetration test (SPT), 1 3/8 -inch I.D. split spoon
sample, ASTM D -1586.
8/12 Drive sample blow count; indicates that 8 blows of a 140 -pound hammer falling
30 inches were required to drive the SPT sampler 12 inches.
--� Depth at which boring caved following drilling.
NOTES:
1. Exploratory borings were drilled on February 1, 1989 with a 4 -inch diameter
continuous flight power auger.
2. Locations of exploratory borings were measured approximately by taping from
features shown on the site plan provided.
3. Elevations of exploratory borings were obtained by interpolation between contours I
on the site plan provided.
4. The exploratory boring locations and elevations should be considered accurate
only to the degree implied by the method used.
5. The lines between materials shown on the exploratory boring logs represent the
approximate boundaries between material types and transitions may be gradual.
6. No free water was encountered in the borings at the time of drilling. Fluctu-
ations in water level.may occur with time.
i. Laboratory Testing Results:
WC = Water Content ( %)
+4 = Percent retained on No. 4 sieve
-200.= Percent passing No. 200 sieve
4 209 89 1 Chen & Associates I Legend and Notes 1 �• 3
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4 209 89 GRADATION TEST RESULTS. Fig. 4
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Chen - Northern, Inc.
Job Ho. u 209 89
5080 Road 154
Glenwood Springs, CO 81601
303 -945 -7458
SUPPLEMENTAL GEOTECHNICAL STUDY
PROPOSED 1001 UTE AVENUE SUBDIVISION
ASPEN, COLORADO
Prepared For:
1001 Ute Avenue Partnership
c/o Richard Neiley
Attorney at Law
600 East Hopkins, Suite 3
Aspen CO 81611
Attn: Richard Neiley
A member of the � group of companies
Siihngs
'i'2at r 'i.is
Boise
reiena
Casper
Pn0en'x
Colorado Springs
Pocateito
Denver
RocK Springs
Elko
Salt Lake City
Evanston
San Antonio
G lette
Tri Cities
Glenwood Springs
Yakima
EXHIBIT 1
February 23, 1989
TABLE OF CONTENTS
CONCLUSIONS
PURPOSE AND SCOPE OF STUDY
PROPOSED C014STRUCTI014
SITE CONDITIONS
FIELD EXPLORATION
SUBSURFACE CONDITIONS
POTENTIAL GEOLOGIC IMPACTS
FOUNDATION RECOMMENDATIONS
FOUNDATION AND RETAINING WALLS
FLOOR SLABS
U14DERDRAIN SYSTEM
SITE GRADI14G
MINE WASTE TOXICITY
LIMITATI014S
FIGURE 1 - LOCATION OF EXPLORATORY BORINGS
FIGURE 2 - LOGS OF EXPLORATORY BORINGS
FIGURE 3,- LEGEND AND NOTES
FIGURES 4 AND 5 - GRADATION TEST RESULTS
TABLE I - SUMMARY OF LABORATORY TEST RESULTS
Chen - Northern, Inc.
1
1
2
2
3
4
4
6
7
8
9
9
10
11
e
1
1
1
1
1
1
1
i
r
r
r
r
r
r
CONCLUSIONS
Development of the site as planned appears feasible based on
geotechnical considerations. The two proposed residences are
located on top cf the existing tailings piles and special founda-
tion treatment such as spread footings or pile foundations bearing
on the underlying natural soils are recommended for the building
support. A structural retaining wall will be needed along the ~'
uphill side of the access road. Cut and fill slope grades along
the roadway and downhill side of the tailings pile should be graded
to 2 horizontal to 1 vertical or flatter. The graded slopes should
be revegetated or protected by other means to prevent erosion. The
toxicity of the mine waste can probably be mitigated by capping
them with noncontaminated soil and revegetation.
PURPOSE AND SCOPE OF STUDY
This report presents the results of a supplemental geotechnical study for
the proposed 1001 Ute Avenue Subdivision located in the southeastern part of
Aspen, Pitkin County, Colorado. The project site is shown on Fig. 1. The
study was conducted in accordance with our proposal for professional services
letter to Vann Associates, Inc., dated January 27, 1989. Chen & Associates,
Inc. (now known as Chen - Northern, Inc.), previously conducted an engineering
geology and mine dump study at the site and reported our findings on Novem-
ber 21, 1986, Job No. 4 423 86. The purpose of the current study is to
provide subsurface information for use in planning and preliminary design and
to address the potential geologic impacts on the current development plans.
A field exploration program consisting of drilling exploratory borings
was conducted to obtain information on subsurface conditions. Samples
obtained during the field exploration were tested in the laboratory to deter-
mine their engineering characteristics. The results of the field exploration
and laboratory testing were analyzed to develop preliminary recommendations
for possible foundation types, depths and allowable bearing pressures and for
Chen- Northern, Inc.
grading criteria of the access road and mine dump pile. The results of the
field exploration and laboratory testing are presented in the report.
This report has been prepared to summarize the data obtained during this
study and to present our conclusions and recommendations based on the geologic
conditions identified, the proposed construction, and the subsurface condi-
tions encountered. Design parameters and a discussion of geotechnical engi-
neering considerations related to construction of the proposed subdivision are
included in the report.
PROPOSED CONSTRUCTION
The subdivision is proposed to consist of two residential buildings and
an access road located approximately as shown on Fig. 1. The existing tennis
courts will be relocated to accommodate the driveway access. The building
sites are situated on top of the existing mine dump which will be downcut up
to about 10 feet to achieve a relatively flat building area. The downhill
side of the mine dump will be graded to a maximum slope of 2 horizontal to
1 vertical. Cut and fill sections up to about 10 to 12 feet deep are proposed
along the access road. The uphill cut which is into the natural hillside is
proposed to be supported by a retaining wall. The mine dump material is
proposed to be disposed of on -site.
If building locations or grading plans change significantly from those
described above, we should be notified to reevaluate the recommendations.
contained in this report.
a
SITE CONDITIONS
The site is in similar condition to that described in our previous report
of November 21, 1986. The site slopes down to the north at irregular grades
IChen - Northern, Inc.
due to the past development with an elevation differential of about 50 feet
within the proposed development area. The lower and middle parts of the sites
are relatively flat with a very steep intervening slope consisting of mine
dump material. The hillside above the development area is heavily forested
and has an average grade of about 50 %. The old Midland Railroad grade and an
uphill ski trail which were present at the time of our 1986 study are located
on the steep slope e above the development area. About 2 to 3 feet of snow
covered the property at the time of our field work.
rFIELD EXPLORATIO14
The field exploration for the project was conducted on February 1, 1989.
Three exploratory borings were drilled at the locations shown on Fig. 1 to
evaluate the subsurface conditions including the mine dump depth. The borings
were advanced with 4 -inch diameter continuous flight augers powered by a
track - mounted CME -45 drill rig. Access onto the mine dump piles was difficult
due to the snow cover and steep irregular terrain. A small dozer was used to
r
make a trail into the property from the vacant lot to the east which is the
same access route used in the 1986 exploration work. The borings were logged
by a representative of Chen - Northern, Inc.
Samples of the subsoils were taken with a 1 3/8 -inch I.D. spoon sampler.
The sampler was driven into the subsoils at various depths with blows from a
140 -pound hammer falling 30 inches. This test is similar to the standard
penetration test described by ASTM Method D -1586. The penetration resistance
values are an indication of the relative density or consistency of the sub-
, soils. Depths at which the samples were taken and the penetration resistance
values are shown on the Logs of Exploratory Borings, Fig. 2. The samples were
returned to our laboratory for review by the project engineer and testing.
r
IChen - Northern, Inc.
a -u-
SUBSURFACE CONDITIONS
Graphic logs of the subsurface profiles encountered at the site are shown
on Fig. 2. The two borings drilled in the proposed building sites encountered
mine dump waste up to a depth of about 30 feet below the existing ground
surface. The depth to the contact with the natural ground surface likely
increases to the north due to the natural ground surface slope. Hole 3,
located in the upper part of the access road, encountered a much smaller fill
depth. The mine waste consists mainly of sand and gravel -size fragments that
are silty to clayey and contain cobbles and possibly boulder -size material.
The underlying soils encountered in the borings consist of medium dense silty
to clayey sandy gravel with cobbles and probable boulders. The mine waste and
natural subsoils are like those described in our previous engineering report.
The penetration resistance testing of the soils indicates the mine waste is
relatively loose and the natural gravels are medium dense to dense.
Laboratory testing performed on samples obtained from the borings con-
sisted of in -situ moisture content and gradation analyses. Results of
gradation analyses performed on small diameter drive samples (minus 1 1/2 -inch
fraction) of the mine waste and natural coarse granular soils are shown on
Figs. 4 and 5. The laboratory testing is summarized in Table I.
No free water was encountered in the borings at the time of drilling and
the subsoils were generally moist. The groundwater level is generally known
to be relatively deep in the area except for possible seasonal perched water
conditions due to snowmelt.
"— POTENTIAL GEOLOGIC IMPACTS
1
The geologic conditions which could potentially impact development on the
site were presented in our previous engineering report and consist of snow
Chen - Northern, Inc.
-5-
avalanche, unstable slopes, mine dump, subsidence due to underground mines,
debris flow, erosion and seismicity. We understand that the potential snow
avalanche impact and mitigation are being studied by others. The risk of
subsidence due to underground mines is considered to be low since we found no
documentation of any major underground mines below the property. The earth-
quake risk is considered typical for the area and buildings should be designed
in accordance with the Uniform Building Code Seismic Zone 1 requirements.
Evidence of landslides was not observed on the site but there is a risk of
construction induced slope instability due to the proposed cuts and fills
within the development areas. Methods to reduce the risk of instability
associated with the grading are presented below in the "Site Grading" section.
There may be debris flow or flooding potential originating from Spar Gulch
within the lower western part of the site. The proposed development is
located within the upper part of the site which should be outside of Spar
Gulch impact but could be impacted by other small debris flows. Development
is not proposed within the upper, steeply sloping and heavily vegetated part
of the site which should help to limit the debris flow potential. We recom-
mend that the grading surrounding the proposed residences be designed by a
surface water hydrologist to allow for potential flooding including high
sediment concentrations. Erosion potential of the graded areas should be
controllable by revegetation where there is sheet flow runoff and by riprapped
channels where flow is concentrated such as along the edge of the road.
Comments regarding the mine dump impacts are discussed below in subsequent
sections and should be mitigable as.part of the final design.
Chen - Northern, Inc.
M
FOUNDATION RECOTIENDATIONS
The residential buildings are proposed to be located on top of the
existing mine dump which has a depth of 30 feet or more. The mine waste
material is of variable type and density and is not considered suitable for
support of foundation loadings. Based on the residential type construction
and the subsurface conditions encountered in the exploratory borings, we
recommend building foundations constructed at the site be placed entirely on
the undisturbed natural soils. The mine dump is relatively deep on Lot 2 and
a drilled pier or driven pile foundation will probably be needed. At Lot 11
the mine waste depth is more limited and a spread footing foundation excavated
to below the waste material may be feasible. Small diameter pressure - grouted
piles have been used for support of residences constructed on mine waste fill
in the Chance Claim Subdivision. Driven piles such as a heavy steel H- section
with tip reinforcement are probably also a feasible foundation type. Piles
should be designed based on an end bearing capacity on the order of 10,000 psf
and a skin friction of 500 psf to 800 psf. We expect that piles will pene-
trate the natural soils about 5 to 10 feet to achieve the desired load capac-
ity. Piles should have a minimum total embedment length of 15 feet. Due to
the coarse and dense nature of the natural subsoils, difficult driving and
drilling conditions should be anticipated. We expect there could be some
ground subsidence during the pile installations due to the loose nature of the
mine waste. A representative of the soil engineer should observe the pile
installations on a full -time basis.
Spread footings placed on the undisturbed natural soils should be
designed for a maximum bearing pressure of 3000 psf. As an alternative, the
subexcavated mine waste could be replaced with structural fill compacted to at
least 100% of standard Proctor density at a moisture content near optimum. We
Chen- Northern, Inc.
-7-
expect settlements to range to about 1 inch. Footings should have a minimum
width of 16 inches for walls and 2 feet for columns. Continuous foundation
walls should be reinforced to span an unsupported length of at least 12 feet.
Exterior footings or footings placed beneath unheated areas should be provided
with adequate soil cover above their bearing elevation for frost protection.
Areas of loose or soft material and existing fill encountered within the
foundation excavations should be removed. New fill placed beneath foundation
areas should extend down from the edges of the footings at an effective grade
of 1 horizontal to 1 vertical or flatter. Foundation excavations and struc-
tural fill compaction should be observed and tested by a representative of the
soil engineer.
FOUNDATION AND RETAINING WALLS
Building foundation walls which are laterally supported and can be
expected to undergo only a slight amount of deflection should be designed for
a lateral earth pressure computed on the basis of an equivalent fluid unit
weight of 45 pcf for backfill consisting of the on -site granular soils.
Cantilevered retaining structures such as site grading walls along the access
drive which can be expected to deflect sufficiently to mobilize the full
active earth pressure condition should be designed for a lateral earth pres-
sure computed on the basis of an equivalent fluid unit weight of 35 pcf for
backfill consisting of the on -site granular soils.
The recommended pressures assume drained conditions behind the walls and
a horizontal backfill surface. An underdrain system is recommended to prevent
the buildup of water behind a wall. An upward sloping backfill surface will
increase the lateral pressure imposed on a foundation wall or retaining struc
ture. The walls along the driveway should be designed for a lateral earth
Chen - Northern, Inc.
-8-
pressure of at least 50 pcf equivalent fluid unit weight for a 2 horizontal to
1 vertical backslope.
The lateral resistance of foundation or retaining wall footings will be a
combination of the sliding resistance of the footing on the foundation materi-
als and passive earth pressure against the side of the footing. Resistance to
sliding at the bottoms of the footings can be calculated based on a coeffi-
cient of friction of 0.5. Passive pressure against the sides of the footings
can be calculated using an equivalent fluid unit weight of 400 pcf. The
coefficient of friction and passive pressure values recommended above assume
ultimate soil strength. Suitable factors of safety should be included in the
p design to limit the strain which will occur at the ultimate strength, particu-
larly in the case of passive resistance.
]� FLOOR SLABS
1! The natural granular soils are suitable to support lightly to moderately
loaded slab -on -grade construction. To reduce the effects of some differential
movement, nonstructural floor slabs should be separated from all bearing walls
and columns with expansion joints which allow unrestrained vertical movement.
Floor slab control joints should be used to reduce damage due to shrinkage
cracking. We suggest joints be provided on the order of 15 feet on center.
°
The requirements for slab reinforcement should be established by the designer
based on experience and the intended slab use. A thin layer of fine gravel
may be placed beneath floor slabs to facilitate construction.
The existing mine waste fill is considered unsuitable for support of
floor slabs. In the building- areas, the fill should be removed and replaced
with properly compacted structural fill. As an alternative to removal of the
fill, a structural slab supported on the building foundations may also be
Chen - Northern, Inc.
considered. All fill material for support of floor slabs should be placed and
compacted according to the criteria presented in "Site Grading ".
UNDERDRAIN SYSTEM
Although free water was not encountered during our exploration, it has
been our experience in mountainous areas that local perched groundwater may
develop during times of heavy precipitation or seasonal runoff. Frozen ground
during spring runoff can create a perched condition. We recommend below grade
construction, such as retaining walls, crawl space and basement areas be
protected from wetting and hydrostatic pressure buildup by an underdrain
system.
The drains should consist of drain tile placed in the bottom of the wall
backfill surrounded above the invert level with free - draining granular mate-
rial. The drain should be placed at least 1 foot below lowest adjacent finish
grade and sloped at a minimum 1% to a suitable gravity outlet. Free - draining
granular material used in the underdrain system should contain less than 2%
passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a
maximum size of 2 inches. The drain gravel backfill should be at least 2 feet
deep.
SITE GRADING
Natural hillsides in the area appear to have had a relatively stable
geologic history and major stability problems are not anticipated with the use
of proper grading procedures. To limit the potential of construction induced
slope instability, we recommend that cuts into the steep natural hillside
above the proposed building area be retained by structural walls designed
according to the criteria presented in this report. The cut and fill sections
Chen - Northern, Inc..
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should also be limited in depth to about 12 feet as proposed. Permanent
unretained cut and fill sections should be graded to 2 horizontal to 1 verti-
cal or flatter. If seepage is encountered in cut sections, an investigation
should be conducted to determine if the seepage will adversely affect the cut
stability.
Fill sections beneath roadway and floor slab areas should be compacted to
at least 95% of standard Proctor density at a moisture content near optimum.
Before placing fill, the exposed surface should be cleared of all organic
matter and loose soil and benched into hillsides exceeding 5 horizontal to
1 vertical. In general, the on -site natural soils and, granular portions of
the existing mine waste should be suitable for use in fills. The fill mate-
rial should be free of vegetation, topsoil or other deleterious substances and
oversized rock. The soil engineer should approve all fill utilized on the
site prior to placement.
Graded slopes should be protected against erosion by revegetation or
other means. Surface water should not be concentrated and directed onto steep
slopes unless drainage channels with erosion protection are provided. The
ground surface surrounding the proposed buildings should have a minimum slope
of 12 inches in the first 10 feet and a minimum slope of 3 inches in the first
10 feet in paved areas. Diversion ditches or swales should be provided around
buildings or above cut slopes to control the surface runoff.
MINE WASTE TOXICITY
The testing performed as part of our previous site investigation identi-
fied the mine waste to have a potentially hazardous lead concentration.
Leaching of the lead into the underlying natural soils below the mine dump may
also have occurred. We understand that mitigation of the toxicity hazard is
Chen - Northern, Inc.
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planned to consist of disposing of the contaminated soils and mine waste
on -site and providing an imported noncontaminated soil to cap the materials.
We expect that the soil cap depth will need to be 2 to 3 feet but the specific
mitigation plan and level of protection will need to be coordinated with local
environmental authorities.
LIMITATIONS
This report has been prepared in accordance with generally accepted soil
and foundation engineering practices in this area for use by the client for
design purposes. The conclusions and recommendations submitted in this report
are based upon the data obtained from the exploratory borings drilled at the
locations indicated on Fig. 1 and the proposed type of construction. The
nature and extent of subsurface variations across the site may not become
evident until excavation is performed. If during construction, fill, soil,
rock or water conditions appear to be different from those described herein,
this office should be advised at once so reevaluation of the recommendations
may be made. We recommend on -site observation of excavations, foundation
bearing strata, pile installation and structural fill testing by a representa-
tive of the soil engineer.
��N.•� •:4 lye
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�'J�l ^s /ONAL ��Q�OO
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Very truly yours,
CHEN- NORTHERN, INC.
By x_
Steven L. Pawlak, P. .
Reviewed By
Daniel E. 'ardin, P.E.
cc: Vann Associates, Attn: Sunny Vann 1
The Stevens Group, Inc., Attn: Tom Stevens
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Elev. = 8022' Elev. = 8021'
Lot 1 Lot 2
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Note: Explanation of symbols presented on Fig. 3.
4 209 89 Chen & Associates Logs of Exploratory Borings Fig. 2
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LEGEND:
®Fill; mine waste, mainly silty sand and gravel with cobbles, some timber debris,
loose, moist, dark brown.
Gravel .(GM); sandy, silty to clayey, cobbles, possible boulders, medium dense
to dense, moist, brown.
Drive sample; standard penetration test (SPT) , 1 3/8 -inch I.D. split spoon
sample, ASTM D -1586.
8/12 Drive sample blow count; indicates that 8 blows of a 140 -pound hammer falling
30 inches were required to drive the SPT sampler 12 inches.
—r -Depth at which boring caved following drilling.
NOTES:
1. Exploratory borings were drilled on February 1, 1989 with a 4 -inch diameter
continuous flight power auger.
2. Locations of exploratory borings were measured approximately by taping from
features shown on the site plan provided.
3. Elevations of exploratory borings were obtained by interpolation between contours
on the site plan provided.
4. The exploratory boring locations and elevations should be considered accurate
only to the degree implied by the method used.
S. The lines between materials shown on the exploratory boring logs represent the
approximate boundaries between material types and transitions may be gradual.
6. No free water was encountered in the borings at the time of drilling. Fluctu-
ations in water level may occur with time.
7. Laboratory Testing Results:
WC = Water Content (%)
+4 = Percent retained on No. 4 sieve
-200 = Percent passing No. 200 sieve
4 209 89 I Chen & Associates
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Nicholas Lampiris, Ph.D.
CONSULTING GEOLOGIST
0793 VALLEY ROAD
CARBONDALE, COLORADO 81623
(303) 963-3600 (24 HOURS)
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2. 10 S C Ll t h S 1 -12 T, a
Aspc?n CO f?1.611
RE: 1001 Uts
Dear Sunny:
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and the significant tree cover wil�
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not a � c uc
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ld be designed to protrude at least
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-
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200 pounds �er s�uare
measure of ntection
foot' This should provide a large
from either rolling rocks or snow
slides that :T1ay -esch
t e site.
An al�ernativ� �s �ositive
landscaping which can be done at
�U
the rear nf �he ��me
�ur~ng or soon after ccnstruction. This
'
should e e form
of a three foot high rock garden or
well consolidate� (85 % Proctor Density) berm of the same
heigth, wit- Q on, in front of each area where windows
w�
.-,r glass wi�l be wi�hin
four feet of the finished grade on
the uphiI f the
wall to the hillside
home. The low angle of the glassed
is also a mitigating factor, as snow
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,
If there are
please do to
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Sincerelv,
Nicholas
ConsuIting �eologist
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0
VAN N� ASSOC iATES
Pianning Consultants
October 1, 1988
Ms. Cindy Houben
Aspen /Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: 1001 PUD /Subdivision Application
Dear Cindy:
0
Attached for the Planning Office's review are nineteen
(19) copies of the referenced application and a check in
the amount of $1,470.00 for payment of the application
fee. Please note that, in addition to the conceptual
submission fee, the check provides for the application's
anticipated referral costs. Should additional referrals
be required, please advise and we will provide the
appropriate fee.
Should you have any questions regarding our application,
or if we can be of any further assistance, please do not
hesitate to call. On behalf of Vann Associates and the
Applicant, thank you for your assistance in the preparat-
ion of our application.
Very truly your
VANN AS26CIATES, INC.
Sunny Vann / AICP
SV:cwv
P.O. Box 8485 • Asoen. Colorado 81612 • 303/925 -6958
0
AN APPLICATION FOR
PUD /SUBDIVISION EXEMPTION
FOR THE
1001 MINING CLAIM
Submitted by
THE VENTRY PROPERTY GROUP
6 West Street
North Sydney NSW 2060 Australia
(02) 922 -3555
Prepared by
VANN ASSOCIATES, INC.
Planning Consultants
210 South Galena Street, Suite 24
Aspen, Colorado 81611
(303) 925 -6958
and
THE ASPEN DESIGN GROUP L.A., INC.
450 South Galena Street, Suite 202
Aspen, Colorado 81611
(303) 925 -3021
TABLE OF CONTENTS
Section Page
I.
INTRODUCTION
1
II.
PROJECT SITE
4
III.
PROPOSED DEVELOPMENT
7
IV.
REVIEW REQUIRMENTS
16
A. Subdivision
16
B. Planned Unit Development
26
C. Growth Management Exemption
30
D. 8040 Greenline Review
31
APPENDIX
A. Exhibit 1, Land Use Application
Form
Exhibit 2, Title Insurance
Commitment
Exhibit 3, Real Estate Contract
Exhibit 4, Permission to Represent
B. Exhibit 1, Tennis Courts Lease
Agreement
C. Exhibit 1, Chen & Associates Geologic
Reconnaissance and Mine Dump Study
i
0 •
I. INTRODUCTION
The following application requests approval to sub-
divide a portion of the "1001" mining claim (M.S. #1741)
into two (2) lots via the so- called "lot split " provision
of the Aspen Land Use Regulations. The application also
requests a growth management exemption to permit the
construction of a single- family residence on each of the
lots, and approval of the proposed project's conceptual
PUD development plan (see Land Use Application Form,
Exhibit 1, Appendix A).
As the Vicinity Map on the following page illustrat-
es, the 1001 claim (hereinafter referred to as the
"project site ") is located on the south side of Ute Avenue
in the general vicinity of the Gant Condominiums and the
Aspen Chance and 1010 Ute Subdivisions. The present owner
of the property is the Aspen Development and Construction
Company, a Colorado corporation (see Title Insurance
Commitment, Exhibit 2, Appendix A). The project Applicant
and prospective purchaser of the property is Peter
Coventry of Sydney, Australia (see Real Estate Contract,
Exhibit 3, Appendix A). The Applicant's representative is
Sunny Vann of Vann Associates, Inc., Planning Consultants
(see Permission to Represent, Exhibit 4, Appendix A).
The application has been divided into three (3)
parts. The first part, or Section II of the application,
1
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provides a brief description of the project site, while
Section III describes the Applicant's proposed develop-
ment. The third part, or Section IV, addresses the
proposed development's compliance with the applicable
review requirements of the Aspen Land Use Regulations.
For the reviewer's convenience, all pertinent supporting
documents relating to the project (e.g., title commitment,
geologic reconnaissance, etc.) are provided in the various
appendices to the application.
It should be noted that the project site was the
subject of a prior land use application. A request for a
residential growth management allocation for a four (4)
lot subdivision was submitted in December of 1986 by the
Aspen Development and Construction Company. Although the
Planning and Zoning Commission recommended conceptual
subdivision /PUD approval, the application failed to meet
the minimum required points threshold when scored by the
Commission. The Company appealed the project's scoring to
the City Council, who remanded it to the P &Z for recon-
sideration. Upon rescoring, the project again failed to
meet the required threshold, and the Applicant again
appealed to the Council. The second appeal was denied and
the project effectively died for lack of a GMP allocation.
The Council, however, did grant conceptual subdivision /PUD
approval to the project prior to the denial of the second
GMP scoring appeal.
3
• •
While the Applicant has attempted to address all
relev &nt provisions of the Land Use Regulations, and to
provide sufficient information to enable a thorough
evaluation 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.
II. PROJECT SITE
The project site contains a total of 6.73 acres, or
approximately two hundred and ninety -three thousand one
hundred and sixty (293,160) square feet of land area. The
site is bounded on the north by Ute Avenue and Lots 1, 2
and 3 of the Ute Addition Subdivision, on the east by Lots
1 and 3 of the Hoag Subdivision, and on the west by the
Aspen Chance Subdivision. The site's southern boundary is
located above the so- called 118040 Greenline" on the side
of Aspen Mountain. With the exception of Lot 1 of the
Hoag Subdivision, which was recently dedicated to the City
as a public park, the immediate site area is essentially
fully developed.
As the Existing Conditions map on the following page
illustrates, only the lower 2.65 acres of the site is
located within the Aspen City limits. The portion of this
area located between Ute Avenue and the 8040 Greenline
4
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contains approximately one hundred and nine thousand one
hundred-and ten (109,110) square feet and is zoned R -15
(PUD), Moderate - Density Residential, Mandatory Planned
Unit Development. The area between the 8040 Greenline and
the City limits boundary contains approximately six
thousand two hundred (6,200) square feet and is zoned C,
Conservation. The remaining 4.08 acres of the site is
located in unincorporated Pitkin County and is zoned AF -1,
Agricultural and Forestry District.
The topography of the. site consists of a relatively
flat area located adjacent to Ute Avenue, an area of
previous mining activity located between an elevation of
approximately 7,970 feet and 8,020 feet, and the steep
slopes of upper Aspen Mountain. The flat area is current-
ly leased to the Gant Condominiums and contains three (3)
tennis courts. The extensive mine tailings located above
the tennis courts most likely originated from the Lower
Durant Tunnel, the portal of which is located approximate-
ly three hundred (300) feet west of the site. A second
flat area denotes the top of the tailings. Above this
area, the only interruption to the mountainside is the old
Midland Railroad right -of -way and a small bench which was
recently cut for a proposed Nordic Council trail.
Existing vegetation consists primarily of a dense
stand of mature aspen and fir located above the mine
9
• •
tailings and several small areas of cottonwood, maple and
servic-eberry located in the lower northwest portion of the
site. Numerous small evergreens have recently been
planted adjacent to the site's western property line,
apparently in connection with the development of the Aspen
Chance Subdivision. With respect to existing utilities,
an eight (8) inch sanitary sewer, a twelve (12) inch water
line, and electric, telephone and natural gas service are
conveniently located in Ute Avenue. An existing fire
hydrant is located across Ute Avenue near the northeast
corner of the site.
III. PROPOSED DEVELOPMENT
The Applicant proposes to subdivide a portion of the
project site into two (2) single - family lots. The
remainder of the site will be retained in common ownership
and deed restricted against further development. As
currently envisioned, the site work for the project will
be completed by the Applicant, and the lots offered for
sale to individual purchasers who will design and con-
struct their own residences. Restrictive covenants,
however, will be adopted which regulate the architectural
character of the proposed development.
As the Site Development Plan on the following page
illustrates, the proposed lots are to be located in the
area of the site currently occupied by the existing mine
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tailings. The tailings will be extensively regraded to
accommodate two (2) site specific building envelopes and
the project's access driveway. The driveway will be
equipped with snowmelt to compensate for its northern
exposure and relatively steep grade. A sidewalk parallel-
ing the driveway will provide pedestrian access from the
residences to Ute Avenue. Existing utilities will be
extended along the driveway from Ute Avenue to serve the
project and all storm water drainage will be accommodated
on-site.
The alignment of the driveway will require that the
existing tennis courts be relocated approximately thirty
(30) feet to the west. A new retaining wall will be
utilized to help stabilize the mine tailings above the
courts. As noted previously, the tennis court area is
currently leased to the Gant Condominium Association.
Permission to relocate the courts is provided for in an
agreement between the owner of the 1001 claim, or his
assigns, and the Association (see Exhibit 1, Appendix B).
It should be noted that the City Attorney has
previously taken the position that the project site is
technically not in one ownership due to the leasehold
interest conveyed to the Gant Condominium Association.
Since the Land Use Regulations construe a leasehold
interest to be a subdivision, the Attorney has reasoned
10
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• •
that the area occupied by the tennis courts cannot be
utilized for development purposes without the participa-
tion of the lessee as a co- applicant. Without debating
the merits of the City Attorney's interpretation, the
Applicant proposes to resolve this issue by treating the
leasehold area as an "out- parcel" for purposes of the
proposed development's density, FAR and open space
calculations. Inasmuch as the lessee has no interest in
the 1001 claim other than the right to utilize the tennis
court area, the Gant's permission to develop the remainder
of the property would not appear to be required.
The proposed lots and building envelopes have been
designed in compliance with the dimensional requirements
of the R -15 zone district. While the area of the project
site in which the lots are located is zoned both R -15 and
Conservation, the R -15 district requirements govern, as
provided for in Section 5- 507.B.2. of the Regulations. As
Table 1 on the following page indicates, the proposed lots
substantially exceed both the minimum lot area and minimum
area per dwelling unit requirements of the R -15 zone
district. Similarly, the individual building envelopes
meet or exceed all applicable setback requirements. As a
result, the proposed site plan is significantly less dense
than the four (4) lot Aspen Development and Construction
Company project previously considered for the 1001 mining
claim.
11
•
Table 1
DEVELOPMENT DATA
1. Existing Zoning
•
Note: FAR and open space calculations do not include
the Gant Condominium Association leasehold area.
12
City Land
Above 8040 Greenline
C- Conversation
Below 8040 Greenline
R -15 (PUD)
County Land
AF -1
2.
Total Site Area (Sq. Ft.)
293,160
City Land
115,310
C- Conservation
6,200
R -15 (PUD)
109,110
County Land
177,850
3.
Minimum Required Lot Area (Sq. Ft.)
15,000
4.
Minimum Required Lot Area /Dwelling
15,000
Unit (Sq. Ft.)
5.
Proposed Lot Area (Sq. Ft.)
Lot 1
35,100
Lot 2
32,550
6.
Maximum Allowable Floor Area (Sq. Ft.)1
10,650
7.
Minimum Required Open Space
None
8.
Proposed Site Coverage (Sq. Ft.)1
Building Envelopes
20,320
Access Driveway
10,650
Open Space
City
60,950
County
177,850
9.
Minimum Required Parking
1 Space /Bedroom
10.
Proposed Parking
Residences
1 Space /Bedroom
Guest
4 Spaces
Note: FAR and open space calculations do not include
the Gant Condominium Association leasehold area.
12
In general, the architectural character of the
proposed development will emulate that of the neighboring
Aspen Chance Subdivision. To ensure visual compatibility,
design guidelines will be incorporated in the proposed
development's restrictive covenants and all construction
will be subject to architectural review. Building
materials will be restricted to wood, non - reflective metal
and masonry stone, materials which are compatible with
those of surrounding structures and which enhance the
proposed development's ability to blend into the adjacent
hillside.
The size and height of the proposed residences will
also be similar to that of the Chance Subdivision. As
Table 1 indicates, the total floor area of the two (2)
residences will be limited to approximately ten thousand
six hundred and fifty (10,650) square feet (see Section
IV.B. of the application for a detailed discussion of the
proposed development's allowable FAR). Roof forms will be
predominantly hipped or gabled, and all building heights
will conform to the limitations of the Land Use Regula-
tions. Because of the extensive mine tailings which
remain on the site, and the extent of the regrading that
will be required in order to restore a more natural
appearance, the Applicant proposes to utilize the finished
grades established through the PUD process as the basis
for measuring building heights for the project. While
13
• •
height is normally measured from the "natural undisturbed"
ground — slope, in this case the site's original grade is
located well below the existing tailings.
As the proposed Landscape Plan illustrates, landscap-
ing to be installed by the Applicant will be limited
primarily to the proposed development's entrance area and
access driveway. The Applicant also wishes to regrade and
landscape a portion of the adjacent City owned park to
enhance the topographical transition between the park and
the proposed development, and to otherwise improve the
visual appearance of the project's entry area. Permission
to utilize the area in question, however, is not required
in order to access the project. A request for an ap-
propriate landscape easement should be considered as part
of this application.
The project entrance and relocated tennis court
seating area will be sodded and extensively landscaped
with Aspen, Spruce and Crabapple trees, and various
seasonal flowering plants. The proposed building en-
velopes, and all other disturbed areas, will be covered
with a minimum of six (6) inches of topsoil and seeded
with a mixture of native grasses and wildflowers to
stabilize the soil. To ensure that the proposed landscap-
ing survives, all planted areas will be irrigated. The
proposed building envelopes will be landscaped by their
14
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respective owners in conjunction with the construction of
their — residences. All owner installed landscaping,
however, will be governed by restrictive covenants to
ensure both quality and visual compatibility.
Approximately sixty thousand nine hundred and fifty
(60,950) square feet, or approximately sixty -six (66)
percent of the one hundred and fifteen thousand three
hundred and ten (115,310) square feet of land area located
within the City, will remain undeveloped. Please note
that this figure excludes the proposed development's
building envelopes and access driveway, and the Gant
tennis court parcel. As noted previously, the County
portion of the site will also remain undeveloped.
Together, this area and the undeveloped City portion of
the site total approximately two hundred and thirty -eight
thousand eight hundred (238,800) square feet, or ap-
proximately eighty -one (81) percent of the 1001 mining
claim.
Given the proposed development's allowable floor
area, it is anticipated that the individual residences
will contain approximately four (4) to five (5) bedrooms
each. To accommodate potential autos, one (1) parking
space per bedroom will be provided within the confines of
each lot. This requirement will be incorporated in the
proposed development's restrictive covenants. To ensure
15
adequate guest parking, four (4) additional off - street
spaces —will be provided adjacent to the project's entrance
area. These spaces will also be available to users of the
tennis courts.
IV. REVIEW REQUIREEMEN'rS
The proposed development is subject to both sub-
division and planned unit development review. An exemp-
tion from growth management and 8040 Greenline review are
also required. Each of these review requirements is
discussed below.
{ ° A. Subdivision
Pursuant to Section 3 -101 of the Land Use
Regulations, the division of land into two (2) or more
lots, tracts or parcels is by definition a subdivision.
Consequently, the proposed division of the 1001 mining
claim into two (2) separate single- family lots is subject
to the City's review and approval. Such divisions,
however, may be exempted from full subdivision review
pursuant to Section 7- 1003.A.2. of the Regulations. The
specific review criteria for a "lot- split" exemption, and
the proposed development's compliance therewith, are sum-
marized as follows.
1. "The land is not located in a subdivision
approved by either the Pitkin County Board of County
16
Commissioners or the City Council, or the land is descri-
bed a-s- a metes and bounds parcel which has not been
subdivided after the adoption of subdivision regulations
by the City of Aspen on March 24, 1969."
As the attached Title Commitment (Exhibit 2,
Appendix A) indicates, the project site consists of a
portion of the 1001 mining claim. The claim is described
as a metes and bounds parcel and was most likely created
in the late 18001s. The site is not located in an
approved subdivision and was obviously created prior to
the adoption of the City's subdivision regulations.
2. "No more than two (2) lots are created by
the lot split, and both lots conform to the requirements
of the underlying zone district."
As the Site Development Plan illustrates, only
two (2) single- family lots are proposed. The lots comply
with all applicable dimensional requirements of the
underlying R -15 zone district. The remainder of the
project site will be retained in common ownership and deed
restricted against further development.
3. "The lot under consideration, or any part
thereof, was not previously the subject of an exemption
under the provisions of this article or a lot split
exemption pursuant to Section 8- 104.C.1.a."
17
0. 0
To the 'best of the Applicant's knowledge, the
1001 claim has not been the subject of any prior sub-
division exemption application or approval.
4. "A subdivision plat is submitted and
recorded after approval, indicating that no further
subdivision may be granted for these lots nor will
additional units be built without receipt of applicable
approvals pursuant to this Article: and growth management
allocation pursuant to Article 8."
A final PUD development plan and subdivision
plat will be recorded upon approval of the proposed
development and completion of the review process.
As noted previously, a lot -split is by defini-
tion a subdivision. As such, the proposed development
must comply with the basic review standards for a develop-
ment application for plat, as set forth in Section 7-
1004.C. of the Land Use Regulations. These standards, and
the proposed development's compliance therewith, are
summarized as follows.
1. "The proposed subdivision shall be consis-
tent with the Aspen Area Comprehensive Plan."
Two (2) elements of the Aspen Area Comprehensive
Plan appear to be applicable to the Applicant's proposed
development. The 1973 Aspen Land Use Plan indicates that
18
0 0
the project site is located within the "Mixed- Residential"
land -use category. The intent and purpose of this
category is to allow for a mix of residential uses
interspersed with limited amounts of professional office
and visitor accommodation uses. The Plan also suggests
that residential densities should decrease as distance
from the center of the City increases.
As noted previously, the portion of the project
site to be subdivided is zoned R -15 (PUD) and C, Conserva-
tion. The proposed single- family lots are a permitted use
in both of these zone districts, and are consistent with
the Land Use Plan's Mixed - Residential designation. The
Applicant's proposed two (2) lot subdivision is also below
the site's maximum allowable density as well as below the
density previously approved in connection with the Aspen
Development and Construction Company application.
The Parks /Recreation /Open Space /Trails element
of the Aspen Area Comprehensive Plan identifies a pedes-
trian /nordic trail along the base of the Aspen Mountain
ski area linking Shadow Mountain to Ute Avenue. The
proposed alignment of this trail is depicted as traversing
the project site immediately above the City limit boun-
dary. As noted previously, a trail was recently con-
structed across the site above the old Midland Railroad
right -of -way by the Nordic Council. The Applicant will
19
0 0
dedicate a twelve (12) foot public easement corresponding
to the —new trail alignment upon final approval of the
proposed development.
To the best of the Applicants' knowledge, no
other element of the Aspen Area Comprehensive Plan
contains recommendations which preclude, or otherwise
pertain to, the proposed development.
2. "The proposed subdivision shall be consis-
tent with the character of existing land uses in the area.
The proposed subdivision shall not adversely affect the
future development of surrounding areas."
The proposed development is consistent with the
character of existing land uses in the surrounding area,
and will have no adverse effect on the area's future
development. The surrounding site area consists primarily
of mixed residential development, including the Gant
Condominiums and the Aspen Chance, 1010 Ute and Ute
Addition Subdivisions. With the exception of the 1010
mining claim, the area is essentially fully developed.
3. "The proposed subdivision shall be in
compliance with all applicable requirements of the Land
Use Regulations."
The proposed development has been designed to
comply with the applicable requirements of the underlying
20
0 •
R -15 zone district and all other relevant provisions of
the Ashen Land Use Regulations.
4. "The proposed subdivision shall not be
located on land unsuitable for development because of
flooding, drainage, rock or soil creep, mudflow, rock -
slide, avalanche or snowslide, steep topography or any
other natural hazard or other condition that will be
harmful to the health, safety, or welfare of the residents
in the proposed subdivision."
As noted previously, the portion of the project
site to be developed consists primarily of mine tailings.
These tailings have been examined by Chen & Associates,
Consulting Geotechnical Engineers, who have concluded that
the site is suitable for development subject to the
Applicant's compliance with certain recommendations (see
Geologic Reconnaissance and Mine Dump Study, Exhibit 1,
Appendix C). In general, the potential areas of concern
identified include snow avalanches, unstable slopes, mine
waste toxicity, debris flow and soils erosion. All of
these concerns, we believe, can be adequately addressed
through proper design of the proposed development. The
specific recommendations of the Chen report will be
strictly followed, and additional more detailed informa-
tion will be submitted in connection with the Applicant's
final PUD development plan application.
21
• •
S. "The proposed subdivision shall not be
designed to create spatial patterns that cause inefficien-
cies, duplication or premature extension of public
facilities and unnecessary public costs."
No governmental inefficiencies, duplication of
facilities, or unnecessary public costs will occur as a
result of the provision of public services to the proposed
development. All required utilities are currently
available in the immediate site area. All costs for the
extension of utilities to serve the project will be borne
by the Applicant.
In addition to requiring compliance with the
preceding review criteria, the Land Use Regulations also
require that various improvements be provided for the
proposed subdivision, and that specific standards be
adhered to in the subdivision's design. The improvements
and design standards which pertain to the Applicant's
proposed development are summarized as follows.
1. Water service to the proposed development
will be provided via a new eight (8) inch water main
connected to the existing twelve (12) inch municipal main
located in Ute Avenue. As the Site Development Plan
illustrates, the proposed water main will be extended
along the entry drive to within one (100) feet of each
building envelope in compliance with the City's water main
22
• •
extension policy. Water service to the two (2) single -
family— residences will be provided via individual service
lines to be installed at the time of construction.
It should be noted that both the City Engineer
and Water Department wish to interconnect the proposed
main extension with an existing six (6) inch main which
dead ends within the adjacent Aspen Chance Subdivision.
While the Applicant is amenable to this idea, the Aspen
Chance main has not been accepted by the City due primari-
ly to its substandard size. As a result, the Applicant's
ability to connect to the Chance Subdivision's private
water system is subject to their approval, an approval
which was denied the prior Aspen Development and Construc-
tion Company application.
In the interest of resolving this issue, and to
provide for the desired interconnect, the Applicant will
grant an appropriate easement across the project site to
permit the future extension of the proposed eight (8) inch
main. In addition, the Applicant will commit to an
equitable participation in the cost of such an extension
should it become feasible at some future date.
2. As the Site Development Plan illustrates,
the proposed development's sewage will be collected at a
central point below the residences and piped via a six (6)
inch collection line to the existing eight (8) inch
23
0 0
sanitary sewer located in Ute Avenue. The Aspen Con -
solidat-ed Sanitation District has previously determined in
connection with the prior Aspen Development and Construc-
tion Company application that the existing system has
sufficient capacity to accommodate additional development.
3. Electrical, telephone and natural gas
service is located within the Ute Avenue right -of -way and
will be extended to serve the project as necessary. All
required extensions of these utilities will be located
underground, and will conform to the applicable extension
policies of the individual utility companies.
4. Access to the proposed development will be
provided via a twenty (20) foot private access driveway
from Ute Avenue. Consequently, the provisions of Section
7- 1004.C.4.a. pertaining to the design of streets and
related improvements is not applicable. The proposed
driveway will be constructed of exposed concrete aggregate
and will include curb, gutter and sidewalk. A snowmelt
system will be installed to ensure accessibility and
enhance safety. The Applicant will also agree to provide
sidewalk, curb and gutter along the site's Ute Avenue
frontage at such time as improvements to the street are
undertaken by the City.
5. Easements to accommodate the proposed
utility extensions and entry driveway will be provided as
24
• •
may be required. All utility easements will comply with
the width requirements of Section 7- 1004.C.4.(b) of the
Land Use Regulations and will be depicted on the Ap-
plicant's final PUD development plan.
6. Fire protection for the proposed develop-
ment will be provided by the Aspen Volunteer Fire Depart-
ment. A fire hydrant is conveniently located across Ute
Avenue near the site's northeast corner. Preliminary
discussions with the fire marshall indicate that no
additional hydrants will be required in order to adequate-
ly protect the project. Should a new fire hydrant be
required, it will be installed at the Applicant's expense
at an appropriate location along the proposed water main
extension. A turnaround area will be provided at the end
of the proposed driveway to accommodate emergency vehicle
access. To reduce visual impact, the turnaround will be
surfaced with a product such as "grasscrete ", a structural
paving material which will permit landscaping of the
turnaround area.
7. The proposed development's storm drainage
system will be designed to maintain historic flow rates
with respect to surface water runoff and groundwater
recharge. On -site drywells and surface detention facilit-
ies will be utilized to intercept and detain runoff from
building roofs and impervious areas, and to control the
25
s'
rate of groundwater recharge. A detailed stormwater
drainage plan will be submitted in conjunction with the
Applicants' final PUD development plan application.
With respect to off, -site drainage, Aspen
Mountain's Spar Gulch presently drains to an unnamed gulch
located above the Chance Subdivision. The City's Urban
Runoff Management Plan recommends that this runoff be
collected in a drainage ditch to be constructed along the
old Midland Railroad right -of -way and through the Ute
Children's Park to the Roaring Fork River. To accomplish
this objective, the City must acquire an easement along
the historic railroad alignment. To assist in this
endeavor, the Applicant will dedicate a thirty (30) foot
non - exclusive drainage easement across the project site
upon approval of the proposed 'development's final PUD
development plan.
B. Planned Unit Development
The portion of the project site to be developed
is zoned R -15, mandatory PUD. As a result, the proposed
subdivision is also subject to review as a planned unit
development. While the mandatory PUD designation was most
likely applied to the 1001 claim because of the presence
of steep slopes, the size and configuration of the area of
the site suitable for development provides little oppor-
tunity for the incorporation of typical PUD design
26
0 0
approaches. In fact, no variations in the dimensional
requirements of the underlying R -15 zone district have
been incorporated in the Applicant's Site Development
Plan. The proposed development, however, is consistent
with the basic purpose and review standards of the City's
PUD regulations. The general requirements of Planned Unit
Development approval are identical to those of the
subdivision regulations and have been addressed in Section
IV.A. of this application.
With respect to density, the proposed develop-
ment is significantly below that allowed within the R -15
zone district. As the Slope Analysis map on the following
page illustrates, approximately seventy -five thousand two
hundred and eleven (75,211) square feet of land area
remains after reduction for steep slopes. After subtrac-
tion of the Gant leasehold parcel, approximately fifty -one
thousand eight hundred and twenty (51,820) square feet of
land area is available for density purposes. Based on the
R -15 zone district's minimum, lot area requirement of
fifteen thousand (15,000) square feet per detached
residence, a maximum of three (3) single - family dwelling
units could theoretically be accommodated on the 1001
mining claim.
It should be noted that the above density
calculation is somewhat misleading in that the tennis
27
W
C*4
VIM
Ell!
o �Z:
IN '.-.
- L
ri
(n
CL
0
0
Qj 1 111)
court parcel could be included for development purposes.
The Gant Condominiums approval, however, would probably be
required as discussed previously. Under this scenario, a
maximum of five (5) single - family units could theoreti-
cally be developed. Similarly, were the development of
duplexes to be pursued, a maximum of four (4) to six (6)
units could be obtained depending on whether the Gant
leasehold parcel were included.
As discussed previously, the project site is
suitable for development and can easily accommodate the
proposed density. Existing roads and utilities are
adequate to serve the proposed development, and no adverse
impacts upon the area's air or water quality are an-
ticipated. The proposed Site Development Plan is com-
patible with the site's topography and all critical
natural features will be retained. In fact, the proposed
regrading and landscaping of the existing mine tailings
will return the area to a more natural appearance as well
as help to mitigate a potentially dangerous condition.
The Land Use Regulations provide specific
procedures for the calculation of allowable floor area for
planned unit developments. The calculation of the
proposed development's maximum allowable floor area is
summarized in Table 2 on the following page.
M
• •
Table 2
FLOOR AREA COMPUTATION
1.
Site Area Within City Limits (Sq. Ft.)
115,310
2.
Land Area After Slope Reduction (Sq. Ft.)
75,210
3.
Land Area After Subtraction of Gant
51,820
Leasehold Parcel (Sq. Ft.)
4.
Land Area Per Dwelling Unit (Sq. Ft.)
25,910
5.
Allowable Floor Area for 15,000 Square
4,500
Foot Lot (Sq. Ft.)
6.
Additional Floor Area @ 7 Square Feet
760
Per 100 Square Feet of Additional
Lot Area (Sq. Ft.)
7.
Allowable Floor Area for 25,910 Square
5,260
Foot Lot (Sq. Ft.)
8.
Maximum Allowable Floor Area for
10,520
Proposed Development (Sq. Ft.)
Note:
All calculations rounded to nearest
ten (10)
square feet.
C. Growth Management Exemption
Pursuant to Section 8- 104.C.1.a. of the Land Use
Regulations, the development of one (1) detached residen-
tial dwelling on a vacant lot formed by a lot -split
approved subsequent to November 14, 1977 is exempt from
the City's growth management regulations subject to
approval of the City Council. Inasmuch as there are no
specific review requirements for such an exemption, the
City Council's final approval of the Applicant's lot -split
30
application should be sufficient to convey upon the
proposed development the required development rights.
D. 8040 Greenline Review
Pursuant to Article 6, Division 1 of the Land
Use Regulations, applications for development in an
environmentally sensitive area (i.e., 8040 Greenline
applications) are considered by the Planning and Zoning
Commission concurrent with their review of final PUD
development plan applications.. Consequently, the specific
requirements of 8040 Greenline review will be addressed by
the Applicant in the final PUD development plan applica-
tion for the proposed project.
31
0 . 0
APPENDIX A
ifAl`IAQiMENT l E X H I BIT 1
ru-SEE APPLIC=ON F ^` /
Project Name
Proj ect Location
(indicate street address, lot & block
appropriate)
, legal description where
Present Zoning �� /� 4). Iat Size
Applicant's Name, Address & Phone #
Representative's Name, Address & Phone #
Type of Application (please check all that apply):
Conditional Use Conceptual SPA C7anoeptval Historic Dev:
Special Review Final SPA Final Historic Dev.
8040 Greenline %ol--Cbnceptual PUD Minor Historic Dev.
i
Stream Marlin Final PUD Historic Demolition
Maintain View Plane Subdivision Historic Designation
•. 0 [0711h &@age III .,
lot Split/lot Line
Adjustment
.. • II- .Ili- C : .111 -
Description of Ex —stain Uses (rnmober and type of eaastuxj structures;
apprrndmate sq. ft.; number of bedrooms; any previous approvals granted to the
Ply) .
Description of Development Application
Have. ? attached the follaaing?
✓� Response to Attachment 2, Mi _n i ors nn Submission Contents
Response to Attachment 3, Specific Submission Contents
✓ Response to Attachment 4, Review Standards for Yaw Applications
aw ers ide EXHIBIT 2
y
jnsurance o oration
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective date: 08/01/88 AT 8:00 A.M.
Case No. PCT -2472
2. Policy or policies to be issued:
(a)ALTA Owner's Policy -Form B -1970 Amount $ 1,075,000.00
(Rev. 10 -17 -70 & 10- 17 -84) or 10/21/87 Premium $ 2,144.50
PROPOSED INSURED: PETER COVENTRY AND /OR ASSIGNS
(b)ALTA Loan Policy, Amount $
(REV. 10 -17 -70 & 10- 17 -84) or 10/21/87 Premium $
PROPOSED INSURED:
(c)Alta Loan Construction Policy, 1975 Amount $
(Rev. 10- 17 -84) Premium $
PROPOSED INSURED:
Tax Cert. $ 5.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
ASPEN DEVELOPMENT AND CONSTRUCTION COMPANY, A COLORADO CORPORATION
4. The land referred to in this Commitment is described as follows:
PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A -PG.1
601 E. HOPKINS This Commitment is' invalid
ASPEN, CO. 81611 unless the Insuring
303 - 925 -1766 Provisions and Schedules
A and B are attached.
ceX or agent
10 Litho in U.S.A.
1104041/2
L4awyersTtle
jnsurance o oration
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of the 1001 LODE MINING CLAIM USMS #1741 situated in Section
18, Township 10 South, Range 84 West of the Sixth Principal Meridian
more particularly described as follows:
BEGINNING at Corner No. 3 of the 1001 Lode, MS 1741 whence an iron post
with brass cap affixed for Corner No. 1 of Aspen Townsite Bear--
North 66 11130" West 132.60 feet;
thence South 47 07100" West 1000.00 feet along the Southeasterly line
of said 1001 Lode to a point;
thence North 45 10'00" West 300.00 feet along the Northeasterly line of
that land described in Book 390 at Page 897 of the Clerk and Recorders
Office of Pitkin County, Colorado to a point on the Northwesterly line
of said 1001 Lode;
thence North 47 07100" East 968.65 feet along the Northwesterly line of
said 1001 Lode to a point on the Southwesterly line of the Ute
Addition to the City of Aspen;
thence along said Southwesterly line of the Ute Addition South 39
57122" East 178.31 feet to said Corner No. 1 Aspen Townsite;
thence North 28 28100" East 49.54 feet along the Southeasterly line of
Lot 1 Ute Addition to.the City of Aspen said line also being between
Corner No. 1 and 2 of the Aspen Townsite boundary, to a point on the
Northeasterly line of said 1001 Lode Claim South 45 10100" East 137.64
feet along the Northeasterly line of said 1001 Lode to Corner No. 3 to
the point of Beginning.
AND also a Tract of Land situated in the SE 1/4 NW 1/4 of Section 18,
Township 10 South, Range 84 West of the Sixth Principal Meridian,
Pitkin County, Colorado being more particularly described as follows:
BEGINNING at Corner No. 3 of the 1001 Lode M.S. 1741, whence Corner No.
1 of Aspen Townsite bears North 66 11130" West 132.50 feet;
thence North 47 07100" East 2.20 feet along the Northwesterly line of
Lot 1, Hoag Subdivision to a point on the Southerly Right -Of -Way of Ute
Avenue;
thence North 33 48130" West 149.99 feet along said Right- Of- Way,to a
point on Line 1 -2 of said Aspen Townsite;
thence South 28 28100" West 33.08 feet along said Line 1 -2 to a point
on Line 3 -4 of said 1001 Lode;
thence South 45 10100" East 137.64 feet along said Line 3 -4 to the
point of Beginning.
COUNTY OF PITKIN,
STATE OF COLORADO
$0 Litho in U.S.A.
DO-0041/2
aw ers itle
y
jnsurance o oration
_ NATIONAL HEADQUARTERS
SCffB5ff'T-99ATION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to -wit:
1.
2.
3.
Release by the Public Trustee of;
Deed of Trust from .
To the Public Trustee
For the use of
To secure
Dated -
Recorded
Reception No.
HARLEY BALDWIN
of the County of Pitkin
SMUGGLER - DURANT MINING CORPORATION
$315,000.00
APRIL 15, 1980
APRIL 16, 1980 IN BOOK 387 AT PAGE 769
223415
Release by the Public Trustee of;
Deed of Trust from : ASPEN DEVELOPMENT AND CONSTRUCTION COMPANY
To the Public Trustee of the County of Pitkin
For the use of : REPUBLICBANK DALLAS, N.A.
To secure : $1,150,000.00
Dated
Recorded : FEBRUARY 21, 1984 IN BOOK 461 AT PAGE 362
Reception No. : 257445
Deed from : ASPEN DEVELOPMENT AND CONSTRUCTION COMPANY,
A COLORADO CORPORATION
To : PETER COVENTRY AND /OR ASSIGNS
NOTE: If the proposed insured is other than Peter Coventry,
Pitkin County Title, Inc., must be notified and additional
requirements and /or exceptions may be added.
4. Evidence Satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) has been
paid or exempted.
5. Certificate of Nonforeign Status of Corporate Transferor signed
by an Officer of ASPEN DEVELOPMENT AND CONSTRUCTION COMPANY.
This commitment is invalid unless Schedule B- Section I PG.1
the Insuring Provisions and Schedules Commitment No.PCT -2472
A and B are attached.
Litho in U.S.A.
)-0 1/2
avu ers itle
�nsmnce o oration
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE B- SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public
records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for services, labor.or material
heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessments, charge or
lien imposed for water or sewer service, or for any other special
taxing district.
7. Reservations and exceptions as contained in United States Patents
recorded May 1, 1884 in Book it at Page 97 and August 29, 1949 in
Book 175 at Page 299.
8. A portion of the 1001 Lode Mining Claim, U.S.M.S. #1741 conveyed to
Smuggler- Durant Mining Corporation by Deed recorded in Book 390 at
Page 896 and described as follows:
BEGINNING at Corner No. 1 of said Claim whence the U.S.L.M.. "Ute
No. 4" bears North 32 18154" East 2928.3 feet;
thence South 45 10' East 300.00 feet;
thence North 47 07' East 500.00 feet;
thence North 45 101 West 300.00 feet;
thence South 47 07' West 500.00 feet to the point of Beginning.
9. Estate created by Agreement recorded October 30, 1979 in Book 378
at Page 419 between Destination Resorts- Aspen, Ltd., and Smuggler -
Durant Mining Company; Assignment of Leasehold Interest recorded
June 14, 1983 in Book 447 at Page 88 from Destination Resorts -
Aspen, Ltd., and the Gant Condominium Association, Inc., and
Amendment to Agreement recorded June 15, 1983 in Book 447 at Page
90.
Continued
)0 Litho In U.S.A.
M -Fdu 4 M
AdiwyersTide
jnsurance o oration
NATIONAL HEADQUARTERS
RICHMON , VI GINIA
10. Any overlap or encroachment o t e Aspen Townsite or Ute Addition
thereto or any improvements located thereon.
11. Access Easement Agreement recorded June 15, 1983 in Book 447 at
Page 100 between Harley Baldwin and the Gant Condominium
Association, Inc.
12. Right -Of -Way for Ute Avenue.
This commitment is invalid unless Schedule B- Section 2 PG.2
the Insuring Provisions and Schedules Commitment No. PCT -2472
A and B are attached.
0 Litho In U.S.A.
N MI. 11
NATIONAL HEADQUARTERS
SCff1M1P'T2ftbTION 2
CONTINUED
Exceptions numbered NONE are hereby omitted.
The Owner's Policy to be issued, if any, shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B- Section 1.
(2) Unpatented mining claims; reservations or exceptions in patents
or in Acts authorizing issuance thereof; water rights, claims or
title to water.
This commitment is invalid unless Schedule B- Section 2
the Insuring Provisions and Schedules Commitment No.PCT -2472
A and B are attached.
)0 Litho in U.S.A.
4a p) � ide
Insurance Corooration
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the
fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1 . The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b)toeliminate
exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
, corpDs title ( a Gr ffatim
NJeJ -0. c ry 6�
President
�. Attest: ^ _
i •� I
vA) a �
REID &WALDRUN
t n tr naMment
tIN per,I.s..f IMI ror..rr, *-e sr 0,
it 6061 eau. c..ww,ws Uc 1 sate$,
tan n A tsul s111 11 a .9 041 "FA670o6. tftll.
1AA 11 Islas OOWKL 11160 K 660113AM UFO At 6161111/•
VAOANTLAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Seller's remedy limited to Liquidated Damage$)
July 25, ,16 88
1. The undersigned agent hereby acknowledges having resolved from peter Coventry
n _ (� the sum of$ 10400,0_�,tn the form of •...;•r➢nna]
'� 1e es,1�.o r<�+cs:. to be held by t:^arAi0 eetA nA tteldrnn ,
broker. In broker's &screw or trustee account, as earnest moneysnd part payment for the foilowln6 described real
estate In the -- County of Pie it , Colorado, w wit,
Sae Hxhibit "A "attached hereto and incorporated herein.
together with oil e&semcnte and rights of way appurtenant thereto, all Improvements thereon and all nxturai of a
permanent nature currently on the premlaet except as hereinafter provided, In their present condlUen, ordinary
wear and tear excepted, and hereinafter called the Property,
2, lubleetto the provisions of paragraph 17 . the undersigned poteon(s) Pgtar Coy:ntry and /or
asaLoins tae jetnt tenantsltenanu In common), ha rot nofter toils d
Pureh&s t. hereby stre&s to buy the Property, and the underoienod owner(a), hereinafter called Seller, hereby sirere
to sell the Property upon the terms and conditions stated herein,
S. The purehste price shall be U,S. $1.075.000, 00 , payable as follows; 610, 000, 00 hereby receipted for;
and in additional $40,000.00 in earnest money to Costae, Raid and Waldron
by August 10. 1988.
The remaining $1,035,000.00, plus purchsserla customary closing costs, to
be paid via wire transfer upon delivery of deed as herein provided.
4. PAcetolneludet any and all work performed on the site (including but not limited
soils. site work, ourveye, etc,) by the seller or in the possession of seller
end the following waterrighul ail aF wh+61% 0-wII ft� a.loC en an AS ^SS, ,..,"*— f Ta 6eas,J
W,f►,6.r(• an.� r!'retel�'�M�'w.h...1M+�w�.�U,
S. It a new Ivan to to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently (a)
apply for such loan, (b) execute all documents and furnish all information and documents required by the lender, and
(ol pay the oustomary tests of obtainint such loan, Then It much Ivan is not approved on or before H IA _
i9.1lJhr If so approved but is not available at time of olosing, this contract shall be null and veld and all payments and
thing* of value resolved hereunder shall be returned to Purchaser.
6. It a note and trust deed or mortgage Is to be assumed, Purchasar agrees to'applr for a loan assumption It
requ trod Md agrees to pay (1) A loan transfer toe nct to Axed 6 N/A and (1) an interset rate
not toegeead N/A % per annum. It the loan to be seturced has provisions for ► shared equity or variable
Interest laws or variable payments. this eantraot is eondtt)oned upon Purehasor reviewing and oonsanting to such
provisions. It the lender's consent to a loan assumption It required, this contract Is eonditloned upon obtaining sash
consent without things in the terms and conditions of such )can except at herein provided.
7. If a note to to be made payable to Seller as partial or f It payment of the purchase priorthis contract shall not
be ualgnabit by Purchaser without wrltten sense n6 of 4111 '
6, Costal any appraisal for loan purposes to be cbtai , fter this date shall be paid blyl4rchala r
Aspen 0"Ice 0 020 that Hyman. 600. tPereee $1611 0 (303)925-`1400 1(3W
6novemees oi0to s Bea 6450, dnewfnaaa Carper, enewmaaa Wage. Coiaaeo e1 a 16 0
EXHIBIT 3
1
to �
Y
• •
i..tir►edtatraa►of eltle.bil►a.ttr.
ea.furrant eommltment for title insurance pulley in an
Amount equal w rho pvrolf_ e�y,price- at Seller's ayeton -wrN expense, andil be furnished to Purehtaer on or before
A,.tuaa ua1C T� '19A # 94 11ar •ahaMMAnrl+h�aldi({*(nwhne$of 1r 4mb"Stllerwill
eyo�
deliver the ulle lneuranee Polley to Purthala ► after aleelng and pay the premium thereon.
10, The date of eloeing shGU bb the date for deliveryX of deed as provided In paragraph 11. The hour And place of
el6lih8 sh6U b* sac designated by COA tdS C and WAldron
11. Title 0&11 be merchantable in &*lisp, except a4 listed In this PArArrsph and In paralrAphs 14 And 13. Sub)#ct
b payment or tender all Gbor" provided and compliance by Purchaser with the t{{++er to and provisions hereof,
Qa`ll.*�r shall *t ute end deliver a good and tufflalent a�+L app °�wlrr nice deed to Purchaser on
�(eQVetflbai ��, a l0 BS,or, by mutual agreement, at an earlier date, conveying the Property free and
e1lap of all taxes, exsopt the general 46242 far the yo A? of ofWAt. and exespir
tree and clear of all Ilona for epoeial Improvements instA116d As of the data of Purchaser's signature hereon, whether
assessed or n04 tree and clear of all Ilene and sneumbnnea eA„pe
except the following restrieUve #ovenante which do not eentaln a right of reverter:
those not rrftderinS titlZ merchantable
and except the tollowln 1 �1lfl�o �r eond/or apparent eatemantc:
reserveiions ^'ii�d"HRe"Mqiout� of record and /or apparent. All retentions
by the Unites Ststssndand /or Colorado of mineral, Coal, Water eothermal
,nit uaIVAUIdil�r� A��4eri4nYr ���pn�tLittied.
It. liteept a stated In parstraphe it and 11, Iftitle Is not metchant� la s� wrl� o���tlte of defeats) Is given by
purchse6r or purehassr'2 Giant to seller or seller's agent on or blfor seller shall use reasasonablo
effort to torreot said detoel(s) prier to data of eloeing, It se)lor Is unable to correct raid daf#at(u on or Defers dau'o(
ales'"!, 'it $411111'1 W16111 and upon written notice to Purchaser or Purchaser's agent on or before date of closing. the
data of closing shall be sxtsnded thirty day# for the purpose of correcting $Aid defews). txeept as stated In paragraph
11.Ittitle IS not rendered merchantable as provided In this paragraph 14, At Purchaser's option, this contract shall be
void and of no effect end each party hereto shall Us released from all obligations hereunder And all payments and
thinao etralue resolved hereunder shall be returned to Purchaser.
11, Any eneumbranes required to be paid may be paid at the time of settlement from the proceeds of this
transAttlen 6? from Any other source. Provided, however, at the option of either party, It the total indebtedness
Secured by Ilene on the Property exeeeda the purchase price, this contract shell be void and of no effect and seen party
her64ehAllbe releated hem all obligations hereunder and all payments and things of value received hereunder shall
be returned to Purchaser.
11. General taxes top the year at 110e(ng, based on the most recent levy end the most recent assessment, prepaid
Fonts, water rant$, lower rants. PHA mortrate lnsursn umssndintottonsnevmbr2nees ,ifsny,End
A9@OOtrtte! t e asaaesmenta C,� e.,..'� a n
�-shall be Apportioned to date of delivery of deed.
16. Petu#slenef the $ rope rty shall bedaUv:radto Purchaser an delivery of deed
Idlaeet to the following isaoss or tenancies: N/A
Is. In the event the Property Is substantially demoted by nee, flood or other casualty between the data or tr.a
eantraot and the d6t* of delivery of deed, Purchaser may elect to torminato this ton tract; In which eau all payman%a
and things of value resolved hereunder shall be returned to Purchaser.
17, Time Is of th6 eseenee hereof. If any note or chock resolved as farneat money hereunder or any other eaymenl
due hereunder is not paid, honored or tendered when due, or If any other obligation hereunder Is not performed as
herein provided, %here shall be the following ramcdiast
(A IF PURCHASER 19 IN DEFAULT, than all payments and things of value received hereunder she)) be
forfeited by Purthaev and retained an behalf of seller and both parties shall thereafter be released from all
Obligations hereunder. it is agreed that such payments and %hints of value are LIQUIDATED DAMAGES and
(aae*pt see provided In subparsgrsph (u) are the IMLLCR'$ 804E AND ONLY REMEDY for the Purchac:r's
failure to perform the obligations of this contrast. Seller expr41sly waive& the remedies of specific parformsnce
and additienel damage%.
(b) IF &lLLEA iS IN DE>rAULT,(i) Purchaser may elect to trsal this contract as terminated, in which eiu
all payments and things of value halved hereunder shall be returned to Purchaser and Purchaser may recover
sue% dareattl AS may be peeper, er (e) Purchaser may sleet to treat this contract as being In full force and effect
and Purchaser shall bay* the 7`10t to an aetlon for epeeifle Performer= or demagos, or both.
(o) Anything to the contrary heroin notwithstanding, in the event of any litigation sels(ne out of This
contrast,04court may award t4 the prevailing party all reasonable costs and okpenss, including attorneys' fus,
11. Purehaserand Seller Agree that, In the event of any controversy regarding the earnest money held by broker.
unless mutual written Instruction la received by broker, broker she)) not be required to take any action but may Await
any Prarood(nmor at broker's option and discretion, may interplead any moneys or things of value Into court and may
166GVereourtcoots And reasonable attorneys, feel.
M
• 0
APPENDIX B
Recorded at _
Reception No.
i
EXHIBIT 1
0
o'clock
Recorded by _ -T,,
A14ENDMENT TO AGREEMENT =83
o�
This Amendment to Agreement dated.this clay of
Uu�- , 1983 is between HARLEY BALDWIN ( "Landlord ")
whose address is 1 West 72nd Street, Apartment 29-'D, New York,
New York 10023 and THE GANT CONDOMINIUM ASSOCIATION, INC., a
Colorado nonprofit corporation ( "Tenant ") whose address is c/o
Destination Resort Management Inc., 11611 San Vincente Boulevard,
Suite 860, Los Angeles, California 90049.
R E C I T A L S:
(. 1. Reference is made to that certain Agreement dated
July 16, 1973 (the "1973 Agreement ") between DESTINATION
i
RESORTS- ASPEN, LTD. ( "DRA ") and SMUGGLER- DURANT MININ'G
CORPORATION ( "Smuggler ") recorded October 30, 1979 in 3cck 378 at
Page 419 of the records of Pitkin County, Colorado. T_`.ere is an
unrecorded Amendment to the 1973 Agreement dated Noverrber 14,
1975.
2. In accordance with the Agreement, DRA constructed
three tennis courts and other related improvements (the "Tennis
Facility ") on certain real property (the "Land ") legally
described as follows:
A PARCEL OF LAND SITUATED IN SECTION 18, T10S, R84W OF
THE 6TH P.M., PITKIN COUNTY, COLORADO. SAID PARCEL
BEING PART OF THE 1001 LODE MS 1741 AND MORE FULLY
DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 1 ASPEN TOWNSITE, THENCE N.
47 007' E. 47.57 FEET TO THE NORTHEASTERLY BOUNDARY LINE
OF THE 1001 LODE MS 1741;
THENCE ALONG SAID LINE S 45 010' E. 14.00 FEET;
• 447F,. g�
THENCE DEPARTING SAID LINE S 34 015' W. 29.00 FEET;
THENCE S 42 015' E. 55.50 FEET;
THENCE S 02 015' W. 28.50 FEET;
THENCE S 42 053' E. 25.64 FEET TO THE SOUTHEASTERLY
BOUNDARY LINE OF SAID LODE;
THENCE S 47 007' W. 126.78 FEET ALONG SAID SOUTHEASTERLY
LINE;
THENCE DEPARTING SAID LINE N 42 053' ;4. 166.0.0 FEET;
THENCE N 47 007' E. 130.00 FEET TO THE POINT OF
INTERESECTION WITH LINE 9 - 1 SAID ASPEN TOWNSITE;
THENCE S 39 057'22" E. 44.37 FEET ALONG SAID LINE 9 - 1
TO CORNER NO. 1, THE POINT OF BEGINNING CONTAINING
23,387 SQUARE FEET, MORE OR LESS.
COUNTY OF PITKIN, STATE OF COLORADO
3. Landlord is the successor in interest to Smuggler
I
under the Agreement, and Tenant is the successor in interest to
DRA under the Agreement.
W I T N E S S E T H:
FOR GOOD AND VALUABLE CONSIDERATIONS, the receipt and
sufficiency of which is hereby acknowledged and confessed, the
parties agree as follows:
1. Ownership of Tennis Facility. The 1973 Agreement
is amended in all places to provide that Tenant shall be the
owner of the Tennis Facility. Tenant shall continue to have
responsibility for the maintenance and repair of the Tennis
Facility as provided in Paragraph 7. Upkeep o= the 1973
Agreement.
2. Premises. The description of the leasehold estate
shall be the Land described above. This description replaces and
more accurately describes references in the 1973 Agreement to
"that portion of the said 1001 Lode marked in red on the attached
Exhibit "A "."
441
3. Use. The last two sentences of Paragraph 8 Use of
the 1973 Agreement are deleted and in place thereof the following
is provided:
"Landlord reserves, however, the right�to
designate ten (10) persons who shall have the use
of the facilities on equal terms with Owners and
Guests. Every six (6) months, but not rr;ore
frequently, Landlord shall give Tenant written
notice of the names and addresses of such persons
who are authorized to use the Tennis Facility. No
party other than Owners and Guests and persons
designated in writing by Landlord shall, be allowed
to use the Tennis Facility. The Lard shall be used
for no other purpose except the operation of the
Tennis Facility and ancillary uses. Except for the
Tennis Facility, no other improvements shall be
permitted on the Land. For purposes of :this
paragraph, the six (6) month periods shall mean
January 1 through June 30 and July 1 through
December 31 each year."
4. Rental. Paragraph 9 Fee of the 1973 Agreement is
deleted in its entirety and in place thereof the following is
provided:
"Each year during the term hereof commencing
January 1, 1983 and continuing until December 31,
2082, Tenant covenants and agrees to pay to
Landlord without set -off or deduction o= any kind,
semi - annual installments of rent of $3,750.00 on
or before January 1 and another installment of
$3,750.00 on or before July 1."
5. Term. Paragraph 10 Appraisal and Paragraphs 11(b)
(c) and (d) Termination of the 1973 Agreement are hereby deleted
in their entirety. Paragraph 11(a) is amended to provide as
follows:
"This Agreement shall remain in effect until
December 31, 2083, unless terminated earlier
prusuant to the provisions hereof ".
- 3 -
r 4'
10, Additlenalptwblonn
Bss Addendum A attached hereto and incorporated herein.
�^ or by ma118t'am /talassam /facaimils
20, if thls�r to accepted by Seller In writintLnd Purshaser receives natleo of such acceptance on or before
12 too 00 Hn�' ±t+--l1 M, this Instrument shall become a eamrsot between IsUer and Purchaser and shot
b;40 V s bOdAt at the hejre, sucoeesore 9134 aoligna#f auah parties, except es stated In paragraph 7.
MW follewtag socOom to be eaa,platad by Seller and Nstlna Asset)
III. !!slier atespts the abov�e roposal this day of , lf_, and atTOOt
to pas a eomml►slan of 7....� —qb of the purchase prlee for services 1n this translation, and Woos that, In the
event Of forfeiture of payments and thinta at value resolved hereunder, such payments and things of value thou bo
divided between listing broker and Bailer, one-half thereof to said broker, but not to exceed the eommtaa)on, and the
NOW 96116f
l919na M Nllon 1'
8eudr's Adorns
Mating 9raker's Name and Addresa'Sr An L 411.__49atss, Raid and-Waldron
720 R. Hyman, Aspen, CO 81611
EXHIBIT "A"
LEOAL DESCRIPTION
A portion of the 1001 Lode Mining Claim USMS 81741 situated in Section
18, Township 10 South, Range 64 West of the 6th Principal Meridian
more particularly described as follows..
Beginning at Corner No, 3 of the 1001 Lode, MS 1741 when an iron
Post with brass Cap affixed for Corr,;r ;u, 1 .f . pen Towne a biro
N, 66' 11' 30" W, 132,60 feet; thence S. 47' 07' 00" W, 1000.00 feat
along the southeasterly line of the said 1001 Lode to a point; thence
N. 45. 10' 00" W. 300,00 feet along the northeasterly line of that
land described in Book 390 at Page $07 o f. the Clerk and Recorders
Office of Pitkin County, Colorado to a point on the northwesterly line
of said 1001 Lodes thence N, 47' 07' 00" E. 968.65 feet along the
northwesterly line of said 1001 Lode to 4 point on the southwesterly
line of the Ute Addition to the City of Aspen, thence along said
southwesterly line of the Ute Addition S. 39' 67' 22" E. 178.31 feet
to said Corner No, 1 Aspen Townsite; thence N.- 28' 28' 00" E. 49.54
feet along the southeasterly line of Lot 1 Ute Addition to the City
of Aspen said line also being between Corner 1 and 2 of the Aspen
Townsite boundrlY, to a•Point on the northeasterly +line of said 1001
Lode Claim S. 45' 10' 00" E. 137.64 feet aloe? the- northeasterly line
Of said 1001 Lode to Corner No. 3 the point of beginning. Containing
6.732 acres more or lass,
And also; a tract of land situated in the SE 1/4 N/W 1/4 of Section
18, Township 10 South, Range 84 West of the 6th Principal Meridian,
Pitkin County, Colorado being more particularly described as followsl
Beginning at Corner No, 3 of the 1001 Lode, M.S. 1741 whence Corner
No, 1 of Aspen Townsite bears N. 66' 11' 30" W. 132.
N. 47. 01' 00" E. 2.20 feet along the northwesterly k line Lotn1,
Hoag Subdivision to �a point �� on the southerly right -of -way of Ute
Avenue; thence N. 33 48 30 W. ,
to a point on Line 1.2 of said Aspen TownsiteilthencelS.r28ht28, 00,,
W, 33.08 feet alonj said Line 1 -2 to a point on Line 3 -4 of said 1001
Lode; thence S. 4$ 10' 00" E. 137.64 feet along said Line 3.4 to the
point of beginning.
County Of Pitkin, State of Colorado.
• •
Addendum A to that Vacant Land Contract To Buy
And sell Real Estate dated July 25, 1088,
By Peter Coventry and /or assigns, Purchaser
A. Coates, Reid and Waldron advises all parties concerned of
their right to seek legal counsel on any and all aspects of
this transaction.
B. Pursuant to the Colorado Real Estate Commission Rule 1 -35,
Purchaser hereby acknowledges prior, timely raosipt of
notice that Coates, Reid and Waldron is the agent of the
Boller and is not representing Purchaser ar Purchaser's
agent in this transaction.
C. Pursuant to ordinance 20, $tries 1979 of the City of Aspen,
a Real Estats Transfer Tax in the amount of one -Ralf of one
percent (1/2 of 11) of the purchase price shall be pa abla
by the Purchaser at closing, which tax the Purchaser hereby
agrees to pay. This shall only apply to the portion of the
property that is in the City.
0. This contract may b• executed in counterparts, and all so
executed shall constitute an Agreement, binding all parties
hereto, notwithstanding that all the parties are not
signatory to the original or the same counterpart.
E. It is hereby mutually agreed upon by all parties to this
Contract that, it necessary, telegraph or facsimile
communication and /or acceptance shall be an aoeeptable and
binding form of communication, Coates, Tteid and Waldron's
Tax number is 209.925 -2095.
r. All earnest monist are to b• placed in an interest bearing
account with interest aooruinqq to the benefit of the
Purchaser. Purchaser's sooial security Number is:
e. The Purohaser's obligation to complete the closing of the
real estate purchase contemplated heroin is specifically
Contingent upon the successful completion of a lot split
application with approval for the creation of two lots out
of the real property. The Purchaser's obligation to close
is further contingent upon the ability to oonstruet at least
two single family rasidenoss on the property following the
lot split with each residence having a minimum square
footage, excluding improvements which are not used for
calculating floor area ratio, of 5,500 fast pursuant to the
provisions of the Aspen Municipal Code. Purchaser shall
promptly apply for and pay all costg associated with
obtaining lot split approval. Seller agrees to make
available all prior surveys, plans, dsvelo ment applications
and all other documents and informat�pp��,, • so
and development of the real property`; N01 14 ` :r"iii"3 411 4�^ s
possession or in the possession of ler's rs r sent�t tives
amp�oyets or agents. Oil A •p .++� N i•.!a -- .0 � aAA& --a LY sa14,
du j4:L +o.Ov► ,.4. v4- ,.-,, re fLvcaaivFw(r�n or- wa.��.ni� 11 i4�%1� un M M-14'
*H. It is Purchaser's intention to use Vann & Associates of W"'&' �,a
Aspen, Colorado as a zoning /devslepmsnt consultant.
Purchaser may, however, consult such advisors including
architects, designers, attorneys and the like of his choice
in processing the lot split and davelopment applications.
In the event lot split approval, as dsscribed above, is not
obtained on or before November 28, 1941, and provided
Purchaser has expeditiously submitted an application for lot
split in accordance with the rtquiraments of the Aspen
Municipal Code, Purchaser shall tithert
1. Close on November 28, 1988, ore
Page a
• •
JXdd4ndum A to that Vacant Land contract To buy
And Boil Real Estate dated July 25, 19as,
By Peter Coventry and /or assigns, Purchaser
Z. Elect to terminate this contract and all earnest money
is to be returned to Purchaser less the amount
necessary to pay in full all unpaid expenses incurred
by Purchaser pursuant to the lot split application.
Mechanics lion waivers shall be the mutually accepted
evidence of full payment, orl
3. Request in writing a Go day Extension (or longer byy
mutual agreement). This Extension shall be at sellers
option, and should Boiler agree to give Purchaser said
Extension, Purchaser shall pay to Seller interest on
the gross sales price (4110751000.00) at the rats of
15= or annum from 11 ^28 -88 until closing or
termination of this contract.
If lot split approval is obtained during this
Extension, Purohaser shall close within 7 days of said
approval. if lot split approval is not obtained during
said Extension, Purchaser may either close the
transaction or terminate this contract as per #2 above.
If Boller refuses purchaser's request tar Extension,
this contract is terminated as per (Is above.
�, "T'he, �ra�k, ;� -{. be x�ld� on ov. r45�LS, �.JHe+� -� ��.�e, w,-N• no
r�p�aen�+.�+,t.,` erg �a...��✓+� vF' a�� IC,n�Q.
dot en +,44ek pP�a'4' re.1"-2 �40 44e,.
Rjmkw.t� �'otiMa orl�,n�h.arjt 4-, , e.4
VV Wa -f`ii c�aQ..ra{� , avo"�e.6�c
/10 Cus Or e,�c`at,,,x re.lak V -da wr•y evil,
.04 144. Prelp-..�&k,-t1 r�tv�rc Solk..`s ier
•
VANN ASSOCIATES
Plamno Consultanis
October 1, 1988
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:
EXHIBIT 4
Please consider this letter authorization for Sunny Vann
of Vann Associates, Inc. to represent me in the processing
of my application to subdivide the 1001 mining claim which
is located on Ute Avenue in the City of Aspen. Mr. Vann
is hereby authorized to act on my behalf with respect to
all matters reasonably pertaining to the aforementioned
application.
Should you have any questions, or if I can be of any
further assistance, please do not hesitate to contact my
attorney, Rick Neily, at 925 -9393.
Sincerely,
(Peter Coventr y
�I
1 !
SV .jcWV
P.O. Bcx 8-185 • ,�.soen. Colorado 81612 • 303!925 -6958
•
OK 447 ma 93
6. Relocation of Tennis Facility. In the event
Landlord or its successors or assigns shall develop any part of
the remaining portions of the 1001 Lode Mining Claim, Landlord
shall have the right to demolish and remove one or more of the
existing tennis courts included within the Tennis Facility;
provided however, that prior to any demolition Landlord shall be
obligated to relocate and reconstruct such tennis courts
elsewhere on the 1001 Lode Mining Claim subject to the following:
(a) Landlord shall be responsible for obtaining any
necessary governmental approvals or permits.to demolish and
relocate the tennis courts.
(b) There shall be convenient access to the tennis
courts, as relocated, for the Owners of The Gant Condominiums and
their Guests. No tennis court may be relocated more than one
hundred feet (100') from its present. location. Such access shall
be subject to approval by Tenant which approval shall not be
unreasonably withheld or delayed.
(c) The tennis courts, as relocated, shall be of equal
or superior construction to the courts that have been demolished.
To the extent practicable, construction shall be in accordance
with the Tennis Court Paving Materials and Construction
Specifications attached as Exhibit "B" to the 1973 Agreement.
(d) All costs associated with the demolition and
relocation of the tennis courts shall be paid by Baldwin.
(e) The 1973 Agreement shall be further amended to
delete from the leasehold estate, the tennis courts that have
been demolished and to include within the leasehold estate the
- 4 -
0
i°LI" 441 F -a y4
tennis courts as relocated. Landlord shall be responsible for the
preparation of such amendment in recordable form, together with
any necessary legal descriptions thereto.
(f) Any lands upon which the tennis courts are
relocated shall be free and clear of all liens or encumbrances or
in the alternative any holder thereof shall agree by instrument
in recordable form to subordinate such lien or encumbrances to
the leasehold estate for the tennis courts as relocated. At
Landlord's expense, Tenant shall be provided with a leasehold
title insurance policy covering the lands upon which the tennis
courts are relocated.
7. Default. Paragraph 15 Specific Performance of the
1973 Agreement is hereby amended to provide the following
additional remedies:
If Tenant shall default in the payment of any rent
when due as herein provided, and such default
shall continue for thirty (30) days after notice
thereof in writing to Tenant, or if default shall
be made in any of the other covenants, agreements,
conditions or undertakings herein contained to be
kept, observed and performed by the Tenant, and
such default shall continue for sixty (60) days .
after notice thereof in writing to the Tenant, or
if Tenant shall vacate or abandon the Land, then
it shall be lawful for Landlord, at its election
to declare the said term ended and in addition to
any other remedies herein contained or as may be
permitted by law, Landlord may either by force or
otherwise, without being liable for prosecution
therefor, or for damages, re -enter the said Land
and again possess the same and the improvements
thereon. With respect to any default where a sixty
(60) day notice has been given to Tenant and
provided Tenant has commenced to cure such default
prior to the expiration of said sixty (60) day
period, Tenant shall be entitled to reasonable
extensions of said sixty (60) day period so long
as Tenant continues with all reasonable diligence
and dispatch to cure said default. Any
improvements of Tenant not removed upon such
- 5 -
r�
N
eL*447 F4c� 9�
termination, or upon any vacating or abandonment,
or upon Tenant's eviction shall be considered
abandoned and title thereto shall pass to Landlord
who shall have the right to deal in any manner
with such improvements as the owner thereof and
without being accountable or liable whatsoever to
Tenant. The Landlord shall have a lien paramount
to all others on every right and interest of the
Tenant in and to the leasehold estate and on any
improvements on or hereafter placed on the Land,
and on any furnishings, equipment, fixtures, or
other personal property of any kind belonging to
the Tenant, or the equity of the Tenant therein.
Such lien is granted for the purpose of securing
the payment of rents, herein covenanted to be paid
by the Tenant, and for the purpose of securing the
performance of all other obligations of Tenant to
Landlord. Such lien shall be in addition to all
other rights of the Landlord given under statutes
of this State, which are now or shall hereinafter
be in effect. In the event of any litigation or
other action or proceeding between the parties
hereto arising out of the performance or
non - performance of any party hereto, or
enforcement of any rights or remedies hereunder,
the prevailing party shall be entitled in such
litigation, action or proceeding to also recover
as part of any judgment, award or other relief,
its reasonable attorney fees and cots incurred.
The Landlord and Tenant expressly waive any right
which either may have to trial by jury of any
dispute arising hereunder. Landlord's remedies
hereunder shall not be exclusive and in the event
of any default by Tenant or if Tenant shall vacate
or abandon the Land, Landlord may exercise any
other remedy it may have including forcible entry
and detainer.
8. Indemnitv. Tenant agrees to and shall save, hold,
keep harmless, and indemnify Landlord from any for any and all
claims, judgments, awards, payments, or liability, including
attorney fees incurred by Landlord for any losses or damage to
the premises or injuries or death to persons occasioned wholly or
in part or resulting from any acts or omissions by Tenant or
Tenant's guests, licensees, or invitees, for any cause or reason
0 Boos 07 F;,c�E Y6
1
whatsoever arising out of or by any use, occupancy or possession
of the Land or Tennis Facility thereon by Te -nant.
9. Entry by Landlord. Tenant agrees that Landlord and
its agents, employees, or other representatives shall have the
right to enter into and upon the Land, Tennis Facility or any
part thereof, at any reasonable hour for the purpose of examining
or inspecting the same or for the safety and preservation
thereof. This clause shall not be deemed to be a covenant by the
Landlord nor be construed to create an obligation on the part of
the Landlord to make any examination, inspection or repairs.
Tenant shall at all times provide Landlord with any keys
necessary to enter into the Tennis Facility.
10. Sublet or Assignment. Except as to any mortgages,
security agreements, or other liens that may be created or
granted by Tenant for the benefit of Landlord and except as to
use of the Tennis Facility by "Owners" and "Guests" as permitted
under the 1973 Agreement, Tenant shall not let, sublet, relet,
set over,. assign, hypothecate, mortgage, pledge, or otherwise in
any way transfer or encumber or suffer to be used by others this
leasehold estate, the Land or improvements thereon or any part
thereof.
11. No Waiver. No assent by Landlord, either expressed
or implied, to any breach or default of any one or more or the
covenants or agreements herein shall in any way be construed as a
waiver of any succeeding or other breach or default.
- 7 -
•
447 P4GE 97
12. Notices. All notices required under the terms of
the 1973 Agreement or any amendments thereto shall be given in
person or by mailing such notice by certified or registered mail,
return receipt requested, to the address of the parties a shown
at the beginning of this Amendment to Agreement, or to such other
address as may be designated in the same manner. If not sooner
received, any notice given by mail shall conclusively be deemed
received five (5) days after the date of certification or
registration.
Copies of any notices to Landlord shall be sent to:
Ronald Garfield
GARFIELD & HEHCT, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
Copies of any notices to Tenant shall be sent to:
Nicholas McGrath
AUSTIN, McGRATH & JORDAN
600 East Hopkins, #205
Aspen, Colorado 81611
13. Miscellaneous.
In the event of any conflict
between the provisions of this Amendment to Agreement and the
1973 Agreement, the provisions of the Amendment to Agreement
shall govern and control the obligations and performance of the
parties. All provisions of the 1973 Agreement not inconsistent
herewith are reincorporated herein and reaffirmed by the parties
as though set forth in-full verbatim..
IN WITNESS WHEREOF, the parties have signed this
Amendment to Agreement the day and year first written above.
soots 447 PACE y�
t
ACKNOWLEDGEMENT PAGE TO
AMENDMENT TO AGREEMENT
STATE OF
COUNTY OF fir,. ^ ) ss.
The foregoing Amendment o Agreement was acknowledged
before me his 10 day of 1983 by
i A►?KL -rI , President of and on behalf of THE GANT
CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation.
4c,T4�..
v
�'• :�l fS i �TI<•� OF
WITNESS my hand and official seal.
My commission expires:
My address is: (' )/ � . 1. 1fin,},.,
l',�f) E) /(77
Notary Public
C�l'�Corl A
..COUNTY OF
ss.
)
The foregoing Amendment to Agreement was acknowledged
before me this O h day of 1983 by
-OdaP Secretlary of and on behalf or THE GANT Ii
CONDOMINIUM ASSOCIATION, INC_, a Colorado nonprofit corporation.
. s,;
)Til
Cake,.
WITNESS my hand and official seal.
My commission expires:
My address is: L-6V c µSt 61(11 «;
Notary Public
in
• •
APPENDIX C
r 4&
jqW
Ank
Chen &Associates 5080 Road 154 Casper IFr H I B I T 1
Glenwood Springs, CO 81601 Colorado S
Consulting Geotechnical Engineers 303/945 -7458 Denver
ENGINEERING GEOLOGIC RECONNAISSANCE
AND MINE DUMP STUDY
PROPOSED RESIDENTIAL DEVELOPMENT
1001 CLAIM, UTE AVENUE
ASPEN, COLORADO
Prepared For:
Fort Collins
Rock Springs
Salt Lake City
San Antonio
Dale C. Bullough
5960 South DTC Boulevard, Suite 600.
Englewood, CO 80111
Attention: Mr. J. R. McIntyre
Job No. 4 423 86 November 21, 1986
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TABLE OF CONTENTS
SCOPE AND PURPOSE OF STUDY
PROPOSED DEVELOPMENT
SITE CONDITIONS
GEOLOGIC SETTING
Site Geology
POTENTIAL GEOLOGIC IMPACTS
Snow Avalanches
Potentially Unstable Slopes
Mine Dump
Subsidence Due to Underground Mines
Debris Flows
Soil Erosion
Seismicity
MINE WASTE TOXICITY
PRELIMINARY FOUNDATION TYPES
LIMITATIONS
BIBLIOGRAPHY
FIGURE 1 - SURFICIAL GEOLOGY
FIGURE 2 - GRADATIO14 TEST RESULTS
TABLE I - SUMMARY OF TEST PIT PROFILES
TABLE II - SUMMARY OF LEAD CONCENTRATION TESTS
TABLE III - SUM14ARY OF EP TOXICITY TESTS
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SCOPE AND PURPOSE OF STUDY
This report presents the results of an engineering geologic
reconnaissance and preliminary mine dump evaluation for the
proposed 1001 Claim Residential Development located in the south-
eastern part of Aspen, Pitkin Countv. Colorado. as shown on
Fig. 1. The study was performed as authorized by Mr. J. R.
McIntyre.
This report describes the general engineering geologic condi-
tions at the site and identifies potential geologic impacts to
the proposed development. A preliminary evaluation of the poten-
tially toxic constituents in the mine dumps on the property was
also made. The study includes a review of published geologic
literature, a geologic site reconnaissance, test pit excavation,
and chemical analysis of mine dump samples from the test pits.
The purpose of this report is to provide the owner with a prelim-
inary site characterization to aid in planning and preliminary
design.
PROPOSED DEVELOPMENT
We understand the proposed development will include subdi-
vision of the property into four duplex residential lots and an
access road. We assume the structures will be wood frame con-
struction and typical of residences in the area. The development
will be serviced by Aspen municipal water and sewerlines. There
are various development configurations being considered for the
access road and the proposed structures. The proposed building
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BIBLIOGRAPHY
Aspen Times, September 5, 1919, Page 1, Cloudburst Scatters Mud
Over City.
Aspen Times, August 7, 1964, Page 16, Worst Cloudburst in Years
Floods Aspen on August 5.
Bryant, Bruce, 1971, Geologic Map of the Aspen Quadrangle, Pitkin
County, Colorado, U.S.G.S. Map GQ -933•
Bryant, Bruce, 1972, Map Showing Areas of Selected Potential
Geologic Hazards in the Aspen Quadrangle, Pitkin County,
Colorado, U.S.G.S. Map I- 785 -A.
Bryant, Bruce, 1972, Map Showing Avalanche Areas in the Aspen
Quadrangle, Pitkin County, Colorado, U.S.G.S. Map I- 785 -G.
Bryant, Bruce, 1972, Map Showing Mines, Prospects, and Areas of
Significant Silver, Lead and Zinc Production in the Aspen
Quadrangle, Pitkin County, Colorado, U.S.G.S. Map I- 785 -G.
Colorado State University, 1974, Pitkin County, Colorado, Lower
Roaring Fork Valley, Environmental Resource Analysis.
Kirkham, Robert M., and Rogers, William P., 1981, Earthquake
Potential in Colorado, Colorado Geological Survey, Bulletin
43.
Mears, Arthur I., 1979, Colorado Snow - Avalanche Area Studies and
Guidelines for Avalanche Hazard Planning, Colorado
Geological Survey, Special Publication 7.
Rohlfing, 1943, Map of Workings in the Aspen Mining District,
Pitkin County, Colorado.
U.S. Geological Survey, 1928, Field Record File, RQ -34, Mines
of Aspen, Pitkin County, Colorado.
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TABLE I Job No.. 4 423 86
Summary of Test Pit Profiles
Pit
Pit
Mine Waste
Natural
Number
Depth (ft)
Depth (ft)
Soil
Comments
10
10
Not encountered
Wood debris in
mine waste.
2
10
5
Silty sand, gravel
and cobbles
3
9
3
Silty sandy, gravel
with cobbles
4
8
3 112
Clayey sand and
Refusal on large
gravel with cobbles
boulders
and boulders
5
8
7 112
Clayey sand and
Refusal
on large
gravel with cobbles
boulders
..and boulders
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TABLE II Job No. 4 423 86
Summary
of Lead Concentration Tests
Sample
Lead
Material
Location
Concentration
Tvpe
(ppm)
Pit
1
at
3
- 6'
2,190
I
Mine Waste
Pit
2
at
0
- 3'
16,600
Mine Waste
Pit
2
at
6
- 9'
5,350
Natural Soil
Pit
3
at
0
- 2'
1,160
Mine Waste
I
Pit
3
at
3
- 5'
391
Natural Soill
Pit
4
at
0 -
3'
1,110
Mine Waste
Pit
4
at.
5 -
8'
213
Natural Soil
Pit
5
at
3 -
6'
3,640
I
Mine Waste
Note: All results in mg /1.
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TABLE III
4 423 86
Maximum
Pit 2 at
Pit 2 at
Pit 5 at
Concentration
Sample
Of - 3'
6' - 9'
3' - 6'
Allowable
Arsenic'
0.002
0.000
0.000
5.0'
Barium
3.24
2.06
2.84
I
100.0
Cadmium
0.788
0.585
0.277
1.0,
Chromium
0.00
0.00
0.00
5.0
Lead
8.14
7.82
4.56
5.0'
Mercury
0.00042
0.00006
0.000.21
0.21
Selenium
0.000
0.006
0.006
1.0�
Silver
0.00
0.00
0.00
5.0
Note: All results in mg /1.
Sample
Arsenic '
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
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Pit 2 at
0' - 31
0.002
3.24
0.788
0.00
8.14
0.00042
0.000
0.00
Note: All results in mg /1.
TABLE III
Pit 2 at
61 91
0.000
2.06
0.585
0.00
7.82
0.00006
0.006
0.00
Pit 5 at
1 _ 1
0.000
2.84
0.277
0.00
4.56
0.00021
0.006
0.00
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4 423 86
Maximum
Concentration
Allowable
5.0
100.0
1.0
5.0
5.0
I
0.2
1.0
5.0
Sample
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
0
Pit 2 at
Of - 3'
0.002
3.24
0.788
0.00
8.14
0.00042
0.000
0.00
Note: All results in mg /1.
TABLE III
Pit 2 at
6f - 9'
0.000
2.06
0.585
0.00
7.82
0.00006
0.006
0.00
Pit 5 at
3' - 61
0.000
2.84
0.277
0.00
4.56
0.00021
0.006
0.00
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4 423 86
Maximum
Concentration
Allowable
I
5.0
100.0
i
1.0
5.0
I
5.0
0.2
1.0
5.0
locations for Alternative 1 are shown on Fig. 1. Because of the
steep site terrain, grading will be an important aspect of the
property improvement.
SITE CONDITIONS
The site consists of approximately two acres of land that is
occupied by mine waste piles and tennis courts. Ute Avenue
borders the property on the north. Existing residential develop-
ments are adjacent to the western and northwestern boundaries of
the site. The land to the south and to the east of the site is
undeveloped and forested.
The property lies near the toe of Aspen Mountain on the
southern edge of the Roaring Fork Valley. The site topography is
irregular and generally slopes steeply down to the north. The
natural terrain has been modified by a large mine dump near the
middle of the property. Slopes in the area of the mine dump are
locally as steep as 100% but generally 65% and less. The lower
part of the site has been leveled and three paved tennis courts
constructed. The tennis courts may remain in the present
location or may be relocated as part of the development. An old
railroad grade lies to the south and upslope of the mine dump and
is paralleled by a trail approximately 70 to 80 feet further
upslope. We understand the upper trail bench has been
constructed in the last year or two.
Above the mine dump, the natural slopes are thickly vegetated
with aspens and pines. The mine dump is sparsely vegetated with
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grasses and brush. A few cottonwood trees grow on the lower
parts of the site near the valley floor.
GEOLOGIC SETTING
The geology in the project area is complex. Three major
structural elements, the Sawatch Uplift, the Colorado Mineral
Belt, and the southwest part of the Eagle Structural Basin come
together in the vicinity of Aspen, Colorado. The bedrock in this
area is complexly folded and faulted. Regional geologic mapping
of the Aspen area (Bryant, 1971) indicates that the near- surface
bedrock beneath the site is a complexly faulted series of Cam-
brian to Mississippian -age sedimentary rocks and Precambrian
igneous rocks. Bedrock outcrops are not present on the site.
The Roaring' Fork Valley was occupied by valley glaciers
during the Pleistocene. Glacial deposits occur at places on the
valley slopes and along the valley floor.
Site Geology: Our interpretation of the surficial geology on the
site is shown on Fig. 1. The surface deposits on the southern
part of the site above the mine dump consist mainly of colluvial
soils composed of angular rock fragments in a clayey sand
matrix. These deposits are identified by map symbol Qc.
Near the center of the site, the mine dump is the surface
deposit. The mine dump is mainly angular limestone, shale and
igneous rock fragments in a clayey and silty matrix. The mine
dump is identified by map symbol MD.
On the lower part of the site, the soil is a. poorly sorted
glacial moraine deposit which ranges from clay to boulder -size
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particles. The gravel to boulder sized materials are generally
subrounded. The glacial deposits are identified by map symbol
Qg.
POTENTIAL GEOLOGIC IMPACTS
Based on our geologic evaluation, several conditions of a
geologic nature have been identified which should be considered
during development of the site. These conditions include poten-
tial snow avalanches, potentially unstable slopes, the mine dump,
potential subsidence due to underground mines, the potential for
debris flows, erosion potential, and seismicity.
Snow Avalanches: The vacant area directly adjacent to the
property on the east has been identified as a snow avalanche
track Nears, 1979). The distribution of vegetation and broken
trees indicate that an avalanche probably occurred here in the
relatively recent past. In addition, the steep slopes on the
upper part of the site and directly above the site have been
identified as a potential avalanche area (Colorado State Univer-
sity, 1974, Bryant, 1972 and Mears, 1979). Several small to
moderate -sized avalanche tracks occur above the site. We recom-
mend that an avalanche expert be consulted to evaluate the
potential for snow avalanches and impact on the proposed
development.
Potentially Unstable Slopes: Evidence of landslides was not
observed on the site. The slopes on the property are steep to
locally very steep and extensive site grading for the development
may be needed. The slopes may be subject to movement due to the
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site grading or construction. The sections of the site which may
be affected by potentially unstable slopes in our opinion extend
from the tennis courts to the south boundary of the site. When
grading plans are more complete, we should be contacted to
provide geotechnical evaluation. Site specific geotechnical
investigations should be conducted to evaluate the stability of
proposed cuts and fills that are planned in the areas above the
tennis courts.
Kline DUmD: The dump covers approximately one -half of the area of
the property. The mine dump materials, based on our experience,
do not comprise a suitable soil for providing foundation sup-
port. These materials may be extremely variable in texture and
density and may include miscellaneous debris such as mine tim-
bers, old metal waste, and other debris. The impacts of the mine
dump materials with respect to building foundations and toxicity
potential are discussed later in this report.
Subsidence Due to Underground Mines: The apparent source of the
mine dump materials that occur on the site is the Lower Durant
Tunnel. The portal for the tunnel lies 200 to 300 feet to the
west of the site. During our review of geologic literature, we
found no documentation of major underground mines below the
property. The property lies to the east of the major areas of
mining activity. Based on our reconnaissance and literature
review, we believe it is unlikely that extensive mine workings
underlie the site. The risk for mine - induced subsidence is
considered to be low.
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Debris Flows: One of the major gulches that drains runoff from
Aspen Mountain, Spar Gulch, empties onto a small debris fan
approximately 300 feet west of the site. Historic floods and
debris flows resulting from intense thunderstorms have occurred
in the vicinity of Spar Gulch and have inundated areas downslope
(Aspen Times, 1919; Aspen Times, 1964). A debris flow or flood
originating from Spar Gulch could impact the lower, western
section of the site. Since other areas not involved in the
development may be impacted, debris flow mitigation for the
project can be handled by an overall storm water and debris flow
management plan for the sections of the City of Aspen near the
base of Aspen Mountain.
The steep slopes above the site may constitute a potential
source for small debris flows. This heavily vegetated part of
the site should not be 'disturbed to help limit debris flow
potential. We recommend that the potential for debris flow /flood
impact on the site be evaluated by a surface water hydrologist
and that high sediment concentrations be analyzed in connection
with such events.
Soil Erosion: Because of the steepness of the site, areas
stripped of vegetation for construction will be subject to ero-
sion. Concentrated runoff should not be allowed to discharge
onto steep, unprotected slopes. All stripped areas should be
revegetated or protected by other means. Erosion control mea-
sures should be made part of the overall development plan.
Seismicity: Historic seismic activity in the Aspen area has been
relatively low. Potentially active faults have not been iden-
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tified in the project area (Kirkham & Rogers, 1981). In our
opinion, the area does not present an earthquake risk above that
normally considered for the region. The site is in Uniform
Building Code Seismic Zone 1.
MINE WASTE TOXICITY
A preliminary evaluation of the extent of the mine dump at
the site was performed by making a geologic reconnaissance and by
digging five pits with a backhoe. Our interpretation of the
extent of the mine dump and the test pit locations is shown on
Fig. 1. A summary of the subsurface profiles encountered in the
pits is presented in Table I. Pit 1, located near the top edge
of the dump where the depth is probably tens of feet deep, did
not penetrate the pile depth. Pits 2 through 5, which were
excavated near the periphery or in less extensive dump areas,
penetrated the mine waste and extended into the underlying
natural soils.
Samples of the mine waste and natural soils were subjected to
laboratory testing to evaluate their toxicity potential., The
results of the lead concentration tests are presented in
Table II. Three of the samples which showed the highest lead
concentration were subjected to EP Toxicity Tests which are
presented in Table III.
Based on the laboratory testing and our experience in the
area, the mine waste materials represent a hazard with respect to
lead concentration. It appears that some of the natural soil
below the mine dump could also be classified as a hazardous
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material. We understand that mitigation of the toxicity hazard
will probably consist of a soil cap and revegetation of the
slopes. The specific mitigation plan and level of protection
will need to be coordinated with local environmental
authorities. When more specific property development plans are
known, an appropriate level toxicity mitigation plan should be
included as part of the development plans.
PRELIMINARY FOUNDATION TYPES
Limited subsurface exploration was performed as part of the
mine waste evaluation. The natural soils encountered below the
mine waste consist mainly of coarse granular soils. The mine
waste material is a variable type, relatively loose and contains
miscellaneous debris. Building foundations constructed at the
site should be placed entirely on the undisturbed natural
soils. Where the mine waste is relatively deep, pile foundations
will probably be needed. Where the depth of the mine dump is
relatively shallow, excavating through the material and placing
spread footings on the natural soil can probably be used. This
procedure of foundation construction has been successfully
followed on the adjacent Chance Claim Subdivision. When the
building locations and grading plans have been determined, a site
specific subsurface investigation should be performed to
determine foundation design parameters.
M
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LI14ITATIONS
This report has been prepared in accordance with generally
accepted geotechnical engineering practices in this area for use
by the client for design purposes. The conclusions and recommen-
dations submitted in this report are based upon the data obtained
from the geologic reconnaissance, the exploratory pits excavated
at the locations indicated on the exploratory pit plan, and the
proposed development plans. The information presented in this
report is suitable for planning and preliminary design pur-
poses. We recommend additional exploration and evaluation for
specific grading and building design.
If you have any questions or if we can be of further assis-
tance, please let us know.
Very truly yours,
.P'.1 MF� CHEN & ASSOCIATES, INC.
15222
Y�i By
Ro Sp' z ,
�QO ' En ineeri g Geologist
and By �, P�w
Steven L. Pawlak, P.E.
RS /SLP /ec
cc; Doremus and Wells
Chen &Associates