HomeMy WebLinkAboutLand Use Case.1001 Ute Ave.1986-88ASPEN WATER DEPARTMENT
MEMORANDUM
TO: Cindy Eouben
FROM: Jim Markal.unas
SUBJECT: `1001_Ute Avey.
DATE: 10 -24 -88
-------------------- - - - - --
The Water Dept. has reviewed -t71'ie application of 1001 Ute Ave.
notes the commitment by 1001 Ute to provide for easement,
participation in the future interconnect with Aspen Chance.
and
and
The site development plans (sheet 3, pg.8) shows a water line
centered in the access driveway and in a utility easement
adjacent to Lot 2 Bldg envelope. The size of the water line has
not been specified, but reference is to a "proposed 8" main ".
Since it is the intent of all parties concerned to interconnect
at some future point, the Water Dept. recommends that the
applicant be required to install the proposed water line as shown
on the site plan in accordance with City of Aspen main extension
policy, ie., 8" or 6" ductile iron pipe, as approved by the City
ngineers office.
We would also suggest that a hydrant be installed at the terminus
of the water line, at or near the fire access corridor location,
between lots 1 and 2.
_I;_ :.
MEMORANDUM
TO: City Attorney
City Engineer
Jax- erg Departments -P
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.
I Ili
1001 UTE AVENUE
RUM Subdivision
Exemption Application
'
VANN ASSOCIATES
Planning 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:
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 ASXCIATES, INC.
Sunny VannZ AICP
SV:cwv
P.O. Box 8485 • Aspen. Colorado 81612 •303/925 -6958
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 REQUIREMENTS 16
A. Subdivision 16
B. Planned Unit Development 26
C. Growth Management Exemption 30
D. 8040 Greenline Review 31
r4 w * DOZ I 0I *,!
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
DI. 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
DPUD development plan (see Land Use Application Form,
DExhibit 1, Appendix A).
As the Vicinity Map on the following page illustrat-
es, the 1001 claim (hereinafter referred to as the
D"project site ") is located on the south side of Ute Avenue
in the general vicinity of the Gant Condominiums and the
DAspen Chance and 1010 Ute Subdivisions. The present owner
DExhibit 3, Appendix A). The Applicant's representative is
Sunny Vann of Vann Associates, Inc., Planning Consultants
D(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
1
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
DCoventry
of Sydney,
Australia (see Real Estate
Contract,
DExhibit 3, Appendix A). The Applicant's representative is
Sunny Vann of Vann Associates, Inc., Planning Consultants
D(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 restoring, 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
relevant 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
' illustrates, only the lower 2.65
' located within the Aspen City limits.
area located between Ute Avenue and
' 4
1
the following page
acres of the site is
The portion of this
the 8040 Greenline
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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
0
G
tailings and several small areas of cottonwood, maple and
serviceberry 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
FA
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Illustrative Site
Plan
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
City Land
Above 8040 Greenline.
Below 8040 Greenline
County Land
2. Total Site Area (Sq. Ft.)
City Land
C- Conservation
R -15 (PUD)
County Land
3. Minimum Required Lot Area (Sq. Ft.)
4. Minimum Required Lot Area /Dwelling
Unit (Sq. Ft.)
5. Proposed Lot Area (Sq. Ft.)
Lot 1
Lot 2
6. Maximum Allowable Floor Area (Sq. Ft.)1
7. Minimum Required Open Space
8. Proposed Site Coverage (Sq. Ft.)1
C- Conversation
R -15 (PUD)
AF -1
293,160
115,310
6,200
109,110
177,850
15,000
15,000
35,100
32,550
10,650
None
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: 1 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
L J�
14
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i
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
J
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 REQUIREMENTS
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
1
' Commissioners or the City Council, or the land is descri-
bed 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."
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
As the attached Title Commitment (Exhibit 2,
Appendix A) indicates, the project site consists of a
iportion
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
1
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
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
' 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
designation. The
the Land Use Plan's Mixed - Residential
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.
1
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
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
' R -15 zone district and all other relevant provisions of
' the Aspen 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
e
1 5. "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 olic . Water service to the two (2) single -
P Y
family residences will be provided via individual service
lines to be installed at the time of construction.
IIn 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
Ishould 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
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.
IIn 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
Ishould 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
' sanitary sewer located in Ute Avenue. The Aspen Con-
' solidated Sanitation District.has previously determined in
connection with the prior Aspen Development and Construc-
ttion Company application that the existing system has
sufficient capacity to accommodate additional development.
' 5. Easements to accommodate the proposed
utility extensions and entry driveway will be provided as
24
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
design
7- 1004.C.4.a. pertaining to the 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
to
enhance safety. The Applicant will also agree 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
I�
' 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
tat 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.
1 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
1 25
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
tat 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.
1 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
1 25
C
1
n
u
1
[1
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
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
� m
°
Slope Analysis Legend
6LOr cLIMfS ryC^ ION 4,r IN Crr[Q�R , cP001r NGr L+wD
O -ZO Y• 7I, GOO FI> l� 71,GdO
21-'A�' /a Dr X72 F-I�J 90 Irv�ia
aveM1 goy> 1 �ie2 Cry -n)« aa�(�� 0 0
TOTfVS- atm r•rer wirHiw c,n 115, 314er. !rrrn s+ rea.GreN: 75, ZII�i.r
L—._
C�
P. W r: .
c t -a'A l
THE ASPEN
DESIGN GROUP
REVISIONS
� M •n w.. o.r..i
�stiie mJ tlewMYrnr Mbayr�
PROJECT NO, Nirs
Ir0 -oi
DRAWN BY:
I CHECKED BY:
1 ISSUE DATE:
SHEET TITLE:
Sbpe AnaN*36
o • w t f /�
I I
1
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.
29
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.
l
I
1
1
1
31
1
i1
0
LI
1
APPENDIX A
t
' 1)
2)
' 3)
5)
6)
ATTACHMENT l EXHIBIT 1
LAND USE AP aMON FOR4 ^` /
Project Name
Project Location ��� U%� .� ✓�. /5T%
( indicate street address, lot & block mmbef, legal description where
appropriate)
Present Zoning �� /C'�/c-� 4) lot Size �.
Applicant's Name, Address & Phone ## 557
Representative's Name, Address & Phone #
' 7) Zlype of Application (please check all that apply) :
Conditional Use Cmxmptual SPA Conceptual Historic Dev.
' Special Review Final SPA
8040 Greenline �Corceptual PUD
Stream Mang in Final PUD
Mountain View Plane Subdivision
Clor0cminiu i zaticn Tlext/Map Amendment
t
' ✓ Lat Split /Iat Line
Adjustment
Final Historic Dev.
Minor Historic Dev.
Historic Demolition
' 8) Description of Existing Uses (number and type of existing structures;
approximate sq. ft.; rRmber of bed rooms; any previous approvals granted to the
property).
� I
�7
9) Descriptions of Development Application
10) Have, you attacbed the follmdng?
✓ Response to Attadmient 2, Minimum Submission Qotitentz
Response to Attadment 3, Specific allni ion Contents
R to Attadment 4, Review Standards for Your Application
4awyersT d e EXHIBIT 2
jnsurance 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.
o ized ice or agent
u
Form 100 Litho in U.S.A.
..M1 qM
NATIONAL HEADQUARTERS
'
RICHMOND, VIRGINIA
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
'
date: 08/01/88 AT 8:00 A.M.
1. Effective
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 S
(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.
o ized ice or agent
u
Form 100 Litho in U.S.A.
..M1 qM
.l_11C: lj lc: 1.110 Iij IC, 111C 1_l IC 1.11c I 31 U IC 1 TIC 131C U IC 1.110 1 11('. 1.110 1.110 1.1IC - IA Ic 1.11C 1.110 1_TIC .I.11C 1-110 1.11(' I_TIC 1. IC 1_TIC I.1IC I_Tic I t IC I.1IC
avi
)y�rs lt e
jnsurance o ration
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 Bears
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 28.28'00" 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 0710011 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 48'30" 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
Form 100 Litho in U.S.A.
nas-n-innmai r9
L4aiwyersTiide
Insurance o oration
' NATIONAL HEADQUARTERS
SC Eff" 2 TION 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:
Form 100 Litho In U.S.A.
035.0- 100-0041/2
1.
Release by the Public
Trustee of;
Deed of Trust from :
HARLEY BALDWIN
To the Public Trustee
of the County of Pitkin
'
For the use of :
SMUGGLER - DURANT MINING CORPORATION
To secure :
$315,000.00
Dated
APRIL 15, 1980
'
Recorded :
APRIL 16, 1980 IN BOOK 387 AT PAGE 769
Reception No. .
223415
'
2.
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
3.
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.
a
a
This
the
commitment is invalid unless Schedule B- Section 1 PG.1
Insuring Provisions and Schedules Commitment No.PCT -2472
A and B are attached.
Form 100 Litho In U.S.A.
035.0- 100-0041/2
a
aw Ye rs T de
0
jnsurance o oration
NATIONAL HEADQUARTERS
a
RICHMOND, VIRGINIA
SCHEDULE B- SECTION 2
EXCEPTIONS
DThe
policy or policies to be issued will contain exceptions to the
following
unless the same are disposed of to the satisfaction of the
a1.
Company:
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.
a
4.
Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by
a
5.
the public records.
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 11 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 18'54" East 2928.3 feet;
thence South 45 10' East 300.00 feet;
thence North 47 07' East 500.00 feet;
thence North 45 10' 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
=orm 100 Litho In U.S.A.
335-0- 100. 0041/2
Film
4atwyersTide
jnsurance o ration
' NATIONAL HEADQUARTERS
RICHMON VI GINIA
10. Any overlap or encroachment o 'te 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.
C
G
1
' 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.
Form 100 Litho in U.SA.
035 -0- 100 - 0041/2
4aiwyersTide
Insurance o oration
NATIONAL HEADQUARTERS
SCffMZY T-GS TION 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.
� I
�1
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Form 100 Litho in U.S.A.
035-0- 100 - 0041/2
Schedule B- Section 2
Commitment No.PCT -2472
I
I
1
avu � itle
3�
�nsurance corporation
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 policyor
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.
2. 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.
3. 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.
Lawyers Mlle j e Gr"atbn
President
Attest:
t •vA
`ate` Secretary.
0
1
1
• T
7 ROD REID &WALDRuN
t -Rentals -� =Iy War, - m@M
1194 p,rb.s of tilt M1rw s,►•a�• &y tt•
n 0161 Wste Csetdssles (%C 14 ►11(,
%tae a w ttw altnewtxt. r Mer vltetartooe, ttt.t�
tot 00 tR1aa OelMett M9Vt0 K eetlttRtte Ktese Plea/•
VAOANTLAND
CONTRACT TO BUY AND DELL REAL ESTATE
(Seller's remedy limited to Liquidated Damages)
July 25, 10 H
1. The undersigned arent hereby acknowledres having received from Peter Coventry
the sum of+ 10.000,K--,1ntheformof! renna]
Ml,-9 MQA9 ,tobeheldIly —jr Aran, Ratd and Waldr ^n ,
broker, In broker's eoerow or trustee occount, as earnest money-and part payment for the following described rail
estate In the — County of Pit r , Colorado, to Witt
Sea Exhibit "A "attached hereto and incorporated herein.
eorether with all easements and rights of way appurtenant thereto, all Improvemoeite thereon and all fixtures of a
permanent nature currently en the premiss except •s hereinafter provided, In their present condition, ordinary
was? and tour exeepted, and hereinafter *&lied the Property.
2. subject to the previsions of parairroph 17, the undersigned person(%) pater Coventry and /or
aseiftns (as faint tenantsttenanM In common), hereinafter called
Purchaser, hereby &trees to buy the Property, and the undersigned owner(&), hereinafter allied seller, hereby axrees
to loll the Property upon the terms and conditions steted herein.
S. The purchase price shall be U,s. i -1.075 , 000, 00 , payable as foliow%t 610.000.00 hereby reeelpted for;
and in additional $40,000.00 in earnest money to Coates, Reid and Waldron
by August 10, 1988.
The remaining 51,035,000.001 plus purchader's customary closing costa, to
be paid via vire transfer upon delivery of deed as herein provided.
4. Prldetoinaludes any and all work performed on the site (including but not limited
soils. site work, surveys, etc.) by the seller or in the possassion of seller
and the following waterrightst a111 e.F .4K,4J% %K-tl ks. &oiA on an AS-TS, .aM is be-s,J
W.NM.4 r^, ra'rateirl..,l•w ♦r+
Neese, .
6. It a new Ivan is to be obtained by Purchaser from a third party, Purchaser agrees to promptly and dlllg6ntly (a)
apply for such loan, (b) execute all documents and furnish all Information and documents required by the lender, and
to) pay the customary costs of obtaining such loan. Than It such loan Is not approved on or before
I9 -1ulbr If eo approved but is not available at time of eioa(ng, this contract shall be null and veld and all payments and
things of value received hereunder shall be returned to Purchaser.
e. If a note, and trust dead or mortgage Is to be assumed, Purth►wr agrees 04pply for a loan assumption It
required and arren to pay( I) it loan transfer tag not w exited 1 N/A _ and (2) an Inters.t rate
not tocxesed N/A % per annum. If the loan to be assumed has provisions for & shared equity or variable
interM rate• or variable payments, tnla eentreet Is conditioned upon Purchaser reviewing and consenting to suoh
provisions. It the lender'# consent to a loan assumption Is required, this contract is conditioned upon obtaining such
consent without change In the terms and conditions of ouch loan except as herein provided.
7. If a note is to be made poyablo to Geller ao partial or f 11 payment of the purchase prio r, this contract shall not
beasatrnablebyPurehaserwllhoutwrittenconsentofsell 1(
6. Coatot'any appraisal for loan purposes to be ebtail fter this dot# shall be paid briIlllll 4rcha"r
Aspen Office 4 720 aaet Myman A.o to &1611 • (303) 925.1400 0 (303
' anowmaas Offtee s Box 6450. =Mau Ce 7 at, anowmua vslaoe. Coiorsoo a 1916 1
EXHIBIT 3
Ito-
f „M►a►atpt#�LiHl�te 11►a.1L openly, w A
Il 44d
1 als,-446• /urront commitment ter tIU• lnturanee policy in An
amount equal N eels pvreh_ a�y,prtee, at eanor'$ agthrrt -oM oxpenae, shall be furnished to Purchaser on or before
a"•• •• , 19AL 249eM nwe�netoatrrMextawpC •11•r will
deliver the title Inau►anoe pellet' ie Purchaser stage eiosing and pay the prsmlum thereon.
10. The dsto of eloeing than be the date for delivery of deed as provided to paragraph 11. The hour and place of
#login #thalibeas dsaignagedby Coate& e C and W n
11. Title Ih►11 be merehantabte in M11er, Ixtspt s1 stated In this paragraph and In pararrephs 12 and 13. Subject
1* psyrdent er sander as above provided and compliance by Purchaser with the t or to and provislons hareot,
GC Ise shall sx uN «and deliver a good and Sufficient ° ° " "' &���tvrr arty decd to Purehu•r on
`�OVeltbet 1�' , I 8a , or, by mutual a&reemsnt, at an earlier date, oonv$Yinr the Property tree and
clear of all t arts,,""I stthegeneral %alts$ for the YearetOlesing, avid r+t yr
tree and clear of all harts for optslal improvemento installed se of the date of PurehwrIs elrnatur• hereon, whether
auaseed or nob tree and 411 &t of all 1111111 and e Rau mbranata WIrmt
exept the following restristive covenants which do not asntaln a right of reverter:
those not rendering title merchantable
and except the followins s Isle r sot�ed and/or apparent aaumentc:
ressrva loll• Ri�iqdonnf Oi' record and /or apparent. All retentions
by the flits States ndand /o1,r Colorado of mineral, coals water fothsrroal
a1111I VAUIdilARI &>H1,AnTrtt�114;atilities.
1t, 'Keeps as Stated in Paragraphs It and III, It%life Is not merchant lean wrl� er�P yties of d•toat(s) It given by
purshastr or Purehseor's &sent to Geller or Seller's slant on or bsfortI, ~ , elite shall use retsenabie
after% to torrect said dstlet(s) prior to data of Closing, It Belief Is unable to correct said Litt
on or before date of
eleNng, at 841Ur's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing. the
date stelesinyrhall be sxtanded thirty days for this purpose of oorrectlnr gild d#fect(g). i:xaept At stated In paragraph
11. If title Is not rendered merchantable as provided in this paragraph 12, at Purehaser's option, this contract shall be
void and of no effect and each party hereto shall be released from all obligations horeunder and ill payments and
things of value reselvad hereunder ehall be returned to Purchaser.
111, Any onsumbranes required to be paid may be paid at the time of sattlsment from the proceeds or this
tfanseetlon of teem any *thee source. Provided, however, at the option of either party, if the total Indebtedness
secured by lions on the Property exeeedx the purchase price, this contract than be void slid of no effect and each party
hor$"shallbs feleaasd hem ail obligations hereunder and all payments and things of value received hereunder shall
be returned to Purchaser.
11. Colloral %exec tar the year of *losing. based on the most recent levy and the most recent &testament, prepaid
range, water ?Into,sewerrents,PRA morlrsle tnsurenee p� ums and interest on sncumbrancva, if any, and
hyoM40Wner s & sese &ement& Mo -� 61/- -- —shall be apportloned to date of delivery of dyed.
11. PetucslenOf the 8r eparty shell bedo 6:redto Purchaser on delivery of dead
subject to the follewirlglsasos or tenancies; N/A
la. in the event the Property 1e Substantially damaged by nre, nood or other casualty between the data or th °..
eontysot and the date otdalivery of deed, Purchaser may Neat to terminate this contract; In which tats all payments
and things etvalus resolved hereunder &hall be returned to Purchaser,
11. Time is *(the /ssenee hareot. It any note or cheek received as oarnest money hereunder or any other payment
due hsrsundet I$ not paid, honored or tendered when due, or If any other obligation hereunder It not ovrformod at
herein provided, there &hell be the following romedleat
(a) IF PURCNAMER 18 IN DZPAULT, then all payments and things or value received hereunder shell be
forfeltod by Pueehaaer and retained on behalf of Seller and both parties shall thereafter be released from oil
obligations hereunder, It is &tried that such payments and things of value are LIOVIDATED DAMAOCS and
(oxeopt as Provldca In subparagraph (e)) are the SELLCR'G 801,E AND ONLY REMEDY for the Purehaser'a
failure to perform the obllgstlons of this contract. Belief exprellly waives the remedies or specific parformsnce
and additional damages.
(b) It &ALLnR ice IN DX'rAVLT,(1) Purehaser may #last to treat this contract as ter ml noted, in which eats
It Vermont$ and things of value resolved hereunder shall be returned to Purcharrr and Purchaser may rocover
such damages w may be proper, or (a) Purohaser may aleot to treat this contract as being In full force end effect
and Purchaser &halt have the r(aht to en action for apsetfle Portormaaoo or demsgos, or both,
(e) Anything to the Contrary herein notwithstanding, In the event Of any litilatlon Wittig Out of this
sontraot,.thodourt rosy award b the prevailing party an r# &son ibis costs and expanse, Including Attornoye, feet.
11. Purehaser and Seller agr#e that, In the event of any controversy regarding the earnest money hold by broker,
unless mutualwrUtsn Instruction to received by broker, broker shall not be required to take any aatlon but may Await
any proceeding. at at broker's option and discretion, mSY lnterolosd any money@ at things of value Into court and may
feosYar*our %costs and reasonable attorneys' fees.
C
1
11. Additional prevlelenn
Sae Addendum A attached horoto and incorporated heroin.
ate^ or by mailgram /telejram /faceimila
to, if tMI Ice accepted by Bailor In writingAnd Purchaser resetveo netlse of oush acceptance on or beters
12 t 00 Hennf"� Shia Instrument shall become a contract betwoan War and Purchaser and shat
MM (allowing soctlaw to be somplated by Miler and Ustlag Asw)
!1. Better accepts the above roposal thts��dsysf .Ian, and Agroes
to pay a commission of - 7 9a of the purchase pries for sarvice• in this tranaaotion, and arrest that, In the
avant of forfeiture of paymonN and things of value rsoslvad hereunder, such payments and things of value shah be
divided between listing broker and Miler, one-half thareof to said broker, but not to exceed the eomn,isslon, Ana the
balance to fellea
filler � , sr T
Ballet's Address
Matins Proker'a Name and AddresCIra L . Rosati. Cgatos, RAU end Waldron
720 S. Hyman, Aspen, CO 81611
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 6th Principal Meridian
more particularly described as follows:
Beginning at Corner No, 3 of the 1001 Lode, MS 1741 whence an iron
ppost with brass cap affixed for Corr; ;o. 4 ,;f Aspen Townsite 61aeI
N, 66. 11' 30" W. 132,60 feets thence S, 47' 07' 00" W, 1000.00 feet
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 to 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 Lodes thence N, 47. 07' 00" E. 968,66 fat along the
northwesterly line of slid 1001 Lode to a point on the southwesterly
line of the Uts 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 H,- 28. 28' 00" E. 49.84
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 boundrYY, to U point on the northeasterly � +line of said 1001
Lode Claim S, 45. 10' 00" E. 137.64 feet along the- northeasterly line
Of said 1001 Lode to Corner No. 3 the point of beginning. Containing
6.732 acres more or less,
And also; a tract of land situated in the SE 1/4 N/W I/4 of Section
18, Township 10 South, Range 84 West of the 6th Principal an,
Meridi
Pitkin County, Colorado being more particularly described as fMeridi
8eginning at Corner No, 3 of the 1001 Lode, M.S, 1741 whence Corner
N0, 1 of Aspen Townsite bears N, 66. 11' 30" W, 132.
N. 47. 07' 00" E. 2.20 feet along the northwesterly I' feet; thence
Hoag Subdivision to •a Point �� on the southerly right -InO o of U1,
Avenue; thence N. 33 48 30 W, 149,99 feat along said rtyht -of -way
to a point on Line 1.2 of said Aspen Townsite; thence S, 28. 26' 00"
W, 33.08 flat alonj said Line 1 -2 to a point on Line 3 -4 of said 1001
Lode; thence S. 4S 10' 00" E. 137.64 feet along said Line 3 -4 to the
point of beginning.
County of Pitkin, State of Colorado,
i✓ / /
�
hi
Addendum A to that Vacant Land Contract To Buy
And Sall Real Estate dated July 25, 1988,
By Peter Coventry end /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 E -35,
Purchaser hereby acknowledges prior, timely receipt of
notice that Coates, Reid and Waldron is the agent of the
Boiler and in not representing purchaser ar Purchaser's
agent in this transaction.
C. Pursuant to ordinance 20, Series 1979 of the City of Aspen,
a Real Estate Transfer Tax in the amount of one -half of one
percent (1/2 of 11) of the purchase price shall be pa able
by the Purohaser-at Closing, which tax the Purchaser Kereby
agrees to pay. This shall only apply to the portion of the
property that is in the city.
D. This Contract may be 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, if necessary, tolegraph or Facsimile
aommunioation and /or aceeptanoa shell be an aooeptable and
binding torn of communioation. Coates, Reid and Waldron's
Tax number is 303975 -1895.
F. All earnest monies are to be placed in an interest bearing
account with interest aooruinq to the benefit of the
Purchaser. Purchaser's Social Security Number Lai
OX L • w - PM31
a o. The Purchaser's obligation to complete the closing of the
real estate purchase contemplated herein is specificall
contingent upon the successful completion o! 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 residences on the property following the
lot split with each residence having a minimum square
a footage, excluding improvements which are not used for
calculating floor area ratio, of 5,500 feat pursuant to the
provisions of the Aspen Municipal Code. Purchaser shall
promptly apply for and pay all costs associated with
obtaining lot split approval. Seller agrees to make
a available all prior surveys, plans, development applications
and all other documents and informat�pp�,,
and development of the real property`;'"�r]ie `ir fry 3iai'�z^ ■
possession or in the possession of
i � ler's 7 representatives �
emp}oyess or agents, 411 46V&4 *f-_4 N N�1"— . x
L Y uik,
4Q 4,�v4- &.^&.^., re�Lvcsrn4w4vw% erw 4.1 UPS - /i
*K. It is Purchaser's intention to use Vann 6 Associates of L b �';
Aspen, Colorado as a zoning /development consultant.
Purchaser may, however, consult such advisors including
architects, designers, attorneys and the like of his choice
in processing the lot split and development applications,
In the event lot split approval, as described above, is not
obtained on or before November 28, 1981, and provided
Purchaser has expeditiously submitted an application for lot
split in accordance with the requirements of the Aspen
Municipal Code, Purchaser shall sithert
a1. Close on November 28, 1988, or!
y*'.
I .
su �, "Th#- Ptb" be sr,IQ on «� y4'S�zs, �JHOZ-,:.
T. SeOcN 4 �w,.11 be en�.y'K8[ -� of � Work r�oQNa 4' �<- (.,1..4 4a +ke..
Prwp � P�ire -.+µ+ti Pe..pt...a o�^ �.n t/�..tt 'M1 as
V Work. l-�-
/10 cui'f of 9ve-1% Wor k`Srtvlva +.
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Page 2
Xddendum A to that Vacant Land contract To Duy
And sell Real Estate dated July 161 lass,
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 soli all unpaid expenses incurred
by purchaser pursuant to the lot split application.
Mechanics lien waivers shall be the mutually accepted
evidence of full payment, orl
9. Request in writing a 60 day extension (or longer byy
mutual agreement). This Extension shall be at seller's
option, and should roller agree to give Purchaser said
Extension, Purchaser shall pay to Geller interest on
the gross sales price Ol,075,o00.00) at the rats of
134 per annum from 11 &18 -89 until closing or
termination of this contract.
It lot split approval is obtained during this
Extension, purchaser shall close within 7 days of said
approval. It lot split approval is not obtained during
said Extension, Purchaser may either close the
transaction or terminate this contract as per #2 above.
It Seller refuses purchasers request for Extension,
this contract is terminated as per GIs above.
su �, "Th#- Ptb" be sr,IQ on «� y4'S�zs, �JHOZ-,:.
T. SeOcN 4 �w,.11 be en�.y'K8[ -� of � Work r�oQNa 4' �<- (.,1..4 4a +ke..
Prwp � P�ire -.+µ+ti Pe..pt...a o�^ �.n t/�..tt 'M1 as
V Work. l-�-
/10 cui'f of 9ve-1% Wor k`Srtvlva +.
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EXHIBIT 4
VANN ASSOCIATES
Planning Consultants
October 1, 1988
HAND DELIVERED
Mr. Alan Richman
Planning and Development Director
Aspen /Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Mr. Richman:
Please consider this letter authorization for Sunny Vann
of 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 Coventry
r % /e /, .' %'j
S V :; c
P.O. Box 8485 • Aspen. Colorado 81612 •303/925 -6958
n
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C
�I
APPENDIX B
EXHIBIT 1
19 0
Recorded at o'clock M.
Reception No. Recorded by r - ".T�' - 0
A14ENDMENT TO AGREEMENT j ;s 4 3,'.; N-1 UJ
err v"' ��-
This Amendment to Agreement dated ^this 17 day of
UNA_ , 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_IOV 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
1 RESORTS- ASPEN, LTD. ( "DRA") and SMUGGLER - DURANT MINI11V'G
CORPORATION ( "Smuggler ") recorded October 30, 1979 in 3cok 378 at
' Page 419 of the records of Pitkin County, Colorado. T`ere is an
unrecorded Amendment to the 1973 Agreement dated November 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;
1 3. Landlord is the successor in interest to Smuggler
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 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"."
Kjx 447 F,-. 91
THENCE
DEPARTING SAID LINE S 34 °15' 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' W. 166.00 FE'ET;
THENCE
N 47 007' E. 130.00 FEET TO THE POINT OF
'
INTERESECTION WITH LINE 9 - 1 SAID ASPEN TOANSITE;
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.
1
COUNTY
OF PITKIN, STATE OF COLORADO'
1 3. Landlord is the successor in interest to Smuggler
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 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"."
coox 44 F::Sc 92
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 more
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 $3,730.00 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 -
aou 447 P::Gl 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
eoax 441 F -�c U4
' 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 her 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 -
447 F4cL 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. Indemnity. 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
I 6 _
1 Boos 447 F AcL Y6
� f
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 or the
covenants or agreements herein shall in any way be construed as a
waiver of any succeeding or other breach or default.
- 7 -
Book 447 R', 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 iven b ma'
g y it 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, 4205
' Aspen, Colorado 81611
13. Miscellaneous. In the event of any conflict
' between the provisions of this Amendment to Agreement and the
1.973 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.
Boon 447 PAGE 99
t
ACKNOWLEDGEMENT PAGE TO
AMENDMENT TO AGREEMENT
STATE OF
COUNTY OF �. fir.,• ss.
n
The foregoing Amendment o Agreement
before me �hjs, / day of
A► ?Key }�, President of and on
CONDOMINIUM ASSOCIATION, INC., a Colorado nonp:
was acknowledged
1983 by .
behalf of THE GANT
rofit corporation.
WITNESS my hand and official seal.
•••• ••• My commission expires- ll- IS'�'3
t:.i�;r';• My address is:
Notdry Public
�r OF q 0 <?
COUNTY OF T��� -rJ
The fore oing Amendment to Agreement was acknowledged
before me this ()j day of 1983 b
r�r 4 Secretlary of and on behalf or THE GANT
CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation.
01ji-j ,,,'- WITNESS my hand and official seal.
My commission expires: 4- / l- v
My address is: c tc
• � � + � �_ AIL <!/ ( /�Nlk^ ���
t1:3 L�� `� •
t•'�` Notary Public
fl
17
1
I
APPENDIX C
Chen & Associates 5080 Road 154 Casper H I B I T 1
Glenwood Springs, CO 81601 Colorado S
Consulting Geotechnical Engineers 303/945.7458 Denver
Fort Collins
Rock Springs
Salt Lake City
San Antonio
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
TABLE OF CONTENTS
SCOPE AND PURPOSE OF STUDY 1
PROPOSED DEVELOPMENT 1
SITE CONDITIONS 2
GEOLOGIC SETTING 3
Site Geology 3
POTENTIAL GEOLOGIC IMPACTS 4
Snow Avalanches 4
Potentially Unstable Slopes 4
Mine Dump 5
Subsidence Due to Underground Mines 5
Debris Flows 6
Soil Erosion 6
Seismicity 6
MINE WASTE TOXICITY 7
PRELIMINARY FOUNDATION TYPES 8
LIMITATIONS 9
BIBLIOGRAPHY 10
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
SCOPE AND PURPOSE OF STUDY
Ip i
This report presents the results of an engineering geologic
reconnaissance and preliminary mine dump evaluation for the
l proposed 1001 Claim Residential Development located in the south-
eastern part of Aspen, Pitkin County,- Colorado, as shown on
Fig. 1. The study was performed as authorized by Mr. J. R.
McIntyre.
i
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
.t:
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.
M
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
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4
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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
Chen &Associates
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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
Chen &Associates
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 subject to movement due to the
Chen &Associates
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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.
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
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.
Chen &Associates
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
i
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
t
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
!M.
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
LIMITATIONS
This report has been prepared in accordance with generally
E
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.
E
j If you have any questions or if we can be of further assis-
t
tance, please let us know.
•
Very truly yours,
�,•cN;y .p.jl,
CHEN & ASSOCIATES, INC.
1 222
•� ,mss
:..� .
BY G
Ro SpJ' 4' %iTGeologi
En ineerst
�t COI LO
and By
Steven L. Pawlak, P.E.
RS /SLP /ec
cc: Doremus and Wells
Chen &Associates
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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.
Chen &Associates
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VI
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QC
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SURFICIAL GEOLOGY
1001 CLAW
Chen & Awsciatm
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TABLE I Job No. 4 423 86
Summary of Test Pit Profiles
Pit
Pit
Mine Waste
Natural
Number
Death (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
lit
lit
TABLE III
Pit 2 at Pit 2 at
Samole
0' - 3'
6' - 9'
Arsenic
0.002
0.000
Barium
3.24
2.06
Cadmium
0.788
0.585
Chromium
0.00
0.00
Lead
8.14
7.82
Mercury
0.00042
0.00006
Selenium
0.000
0.006
Silver
0.00
0.00
Note: All results in mg /1.
4 423 86
Maximum
Pit 5 at
Concentration
�' - 6'
Allowable
0.000
5.0
2.84
100.0
0.277
1.0
0.00
5.0
4.56
5.0
0.00021
0.2
0.006
1.0
0.00
5.0
TABLE III.
Note: All results in mg /l.
4 423 86
Maximum
Concentration
Allowable
5.0
100.0
1.0
5.0
5.0
0.2
1.0
5.0
Pit 2 at
Pit 2 at
Pit 5 at
Sample
Of - 1'
6' - 9'
3' 6'
Arsenic
0.002
0.000
0.000
Barium
3.24
2.06
2.84
Cadmium
0.788
0.585
0.277
Chromium
0.00
0.00
0.00
Lead
8.14
7.82
4.56
Mercury
0.00042
0.00006
0.00021
Selenium
0.000
0.006
0.006
Silver
0.00
0.00
0.00
Note: All results in mg /l.
4 423 86
Maximum
Concentration
Allowable
5.0
100.0
1.0
5.0
5.0
0.2
1.0
5.0
Sample
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Pit 2 at
0+ _ !1r
0.002
3.24
0.788
0.00
8.14
0.00042
0.000
0.00
Note; All results in mg /l.
TABLE III
4 423 86
Maximum
Pit 2 at
Pit 5 at
Concentration
6' - 9'
1' - 6'
Allowable
0.000
0.000
5.0
2.06
2.84
100.0
0.585
0.277
1.0
0.00
0.00
5.0
7.82 -
4.56
5.0
0.00006
0.00021
0.2
0.006
0.006
1.0
0.00
0.00
5.0
MBMORANDUM
TO: City Attorney
City Engineer
Housing Director
Aspen Water Department
Environmental Health
Aspen Consolidated Sanitation District
Fire Marshall
Roaring Fork Transit Agency*
Zoning Official
Roaring Fork Energy Center
Park Department.*
FROM: Glenn Horn, Planning Office
Steve Burstein, Planning Office
RE: Mountain View Residential GMP Submission*
700 E. Hyman Residential GMP Submission
101U Ute Avenue Residential GMP Submission*
1001 Residential GMP Submission
DATE: December 8, 1986
Attached for your review and comments are the 1986 City of Aspen
Residential GMP applications received by the Planning Office. A
brief overview of the applications follows:
The requests by the four applicants for allotments are as
follows:
Mountain View = 58 units
1010 Ute Ave. = 16 units /
700 E. Hyman = 4 units_
1001 = 4 units for a total of 82 units.
Hearings for these 4 residential GMP applications have been
scheduled on January 20, 1987. At this meeting, only the
Mountain View project will be subject to public hearing due to
its rezoning application. On January 27, P &Z will then score all
four projects at a public hearing.
Please review_ this material and return your referral comments to
the Planning Office no later than January 5, 1987 in order for
this office to have adequate time to prepare for its presentation
on January 20th.
Thank you.
�I
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1001
Residential GMP Submission
`1001,
A Residential Subdivision
1986 Residential GMP,
Conceptual PUD and Subdivision
Submission
December 1, 1986
Submitted to: The City of Aspen
Office of Planning and Community Development
130 South Galena Street
Aspen, Colorado 81611
-(303) 925 -2020
Applicant: Aspen Development and Construction Company
a Colorado Corporation
c/o Dale C. BUllough & Associates
5690 South DTC Blvd., Suite 600
Englewood, Colorado 80111
(303) 796 -1211
Prepared by: John Doremus
Joseph Wells; AICP
Doremus & Wells, Planning Consultants
608 East Hyman Avenue
Aspen,.Colorado 81611
(303) 925 -6866
Consultant Team
Surveying
Landmark Services
P. 0. Box 883
Rifle, CO 81650
(303) 625 -3540
Soils and Geology
Chen and Associates
Geotechnical Engineers
5080 154 Road
Glenwood Springs, CO 81601
(303) 945 -7458
Site Engineering
KKBNA, Consulting Engineers
4251 Kipling
Wheat Ridge, CO 80033
(303) 431 -6100
Architectural Consultation
David Finholm & Associates
P. 0. Box 2839
Aspen, CO 81612
(303) 925 -5713
Landscape Consultation
Pedersen Landscapinq
P. 0. Box 144
Aspen, CO 81612
(303) 925 -7517
Table of Contents
I. INTRODUCTION
II. RESIDENTIAL GROWTH MANAGEMENT PLAN SUBMISSION
A. Description of Proposal
B. Residential GMP Evaluation Criteria
1. Availability of Public Facilities
and Services
a. Water
b. Sewer
C. Storm Drainage
d. Fire Protection
e. Parking Design
f. Roads
2. Quality of Design
a. Neighborhood Compatibility
b. Site DesiQ_n
C. Energy
d. Trails
e. Green Space
3. Proximity to Support Services.
a. Public Transportation
b. Community Commercial Facilities
4. Provision of Employee Housing
III. CONCEPTUAL SUBDIVISION SUBMISSION
A. Submission Contents
Page
1
5
5
12
12
12
12
13
14
15
16
17
17
19
21
23
24
26
26
26
6VA
31
32
IV. CONCEPTUAL PUD PLAN
A. Planning Objectives of. the Project
B. Landscaping and Architectural Character
C. Mandatory PUD
D. Slope Reduction Calculations
E. Allowable Floor Area
V. APPENDICES
A. Disclosure of Ownership (1984)
Aspen Title Company
B. Engineering Geologic Reconnaissance
and Mine Dump Study
Chen & Associates
Page
32
32
33
33
36
28
I. Introduction
This submission, filed on behalf of Aspen Development and
Construction Company, a Colorado Corporation, requests Concep-
tual PUD and Subdivision approval for a four -lot subdivision on
the 11001' mining claim. In addition, the applicant requests a
GMP allocation of 4 free market residential units and exemption
from GMP for 3 restricted units.
The 11001' Claim (M.S. #1741) lies to the south of Ute
Avenue, to the.west of the Hoag Subdivision and east of the
1
joint -use agreement with the Gant Condominium Association for
snared use by the Association and the 1001 Subdivision
residents.
1
Aspen Chance Subdivision. (See Vicinity Map on following
page.) The entire site is approximately 6.73 acres; only the
lower 2.6 acres is within the City limits. Two zone district
categories are applied to the City land; the lower 109,114
sq.ft. of land is zoned R -15 (PUD) and the area above the 8040
,.
line, approximately 6,200 sq.ft., is zoned C- Conservation.
The site is.characterized by relatively flat terrain in
.the lower portion of the site, extending approximately 250 feet
back from Ute.Avenue. Historically, the mine tailings fields
still in evidence higher on the site extended out into this
area but over the years material has hauled away and used for
road base material on County roads. The three existing tennis
courts on the site were built in 1973. There is presently a
1
joint -use agreement with the Gant Condominium Association for
snared use by the Association and the 1001 Subdivision
residents.
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Previous mining activity is still very much in evidence in
the area between an elevation of approximately 7,970 feet and
8 020 feet. A flat area of approximately 25,000 sq.ft. denotes
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the top of the tailings. Above this area,.the site increases
in steepness, the only interruption to the slope being the old
Midland Railroad right of way, now abandonded, and the more
recent cut made for the proposed Nordic Council trail.
Development Aspen and Construction Company proposes to
P P
complete the site work for the project but does not plan to
construct the residential units on the lots. It is presently
anticipated that the lots will be sold to individual purchasers
who will in turn build private residencez according to their
own designs. The restricted units will be built as caretaker
'
units within three of the residences. The location of the
restricted units will be determined for inclusion in the
preliminary submission, based on a more detailed site
r
analysis.
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TUBE FIGREENS
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11001' EXISTING CONDITIONS �/y,
A RESIDENTIAL SUBDIVISION WI q I IBS & n�LW
ASPEN. COLORADO
annsSOCiaOm dlarWp/anrrers
ASPEN DEVELOPMENT AND CONSTRUCTION RESIDENTIAL GMP, -
5690 SOUTH OTC BLVD.. SUITE 600 CONCEPTUAL PUD AND mew r^+�.... «a.+coowee.._�.m o. .w •.e mm
ENGLEWOOD. COLORADO 60111
13171796.1211 SUBDIVISION SUBMISSION 0 20 Q
4
II. Residential GMP Submission
A. DESCRIPTION OF PROPOSAL.
A brief description of the proposed 1001 Subdivision is
found in the preceeding section of this application. As the
Conceptual Site Plan on the following page indicates, the
proposal requests approval for a .four -lot planned unit
development, with one single family and three duplex sites.
Integral to the plan is a three court tennis complex,
landscaped open space, private road and off- street parking.
The second unit in each of the three duplexes will be price
restricted and. will conform to the current guidelines of the
liousing Authority of the City of Aspen.
Residential GRIP procedures request information covering
ten areas of concern, as follows:
Type of Water System: The Existing Conditions map on
the previous page shows the existing 12" steel water distribu-
tion line in Ute Avenue. The project will be served by a 6"
C.I.P. water main, connected to the 12" City main in Ute Avenue
and looped with the recently installed Aspen Chance Subdivision
6" distribution line. A more complete discussion of project
,.� demand and capacity is found in Section B, 1(a) of this
chapter.
2. Type
of Sewage
System: The total sewage flow antici-
pated from the
project is
expected to equal the in- house water
usage which is
estimated
to be 2,500 gallons per day. There is
�
an existing 8"
sewer line
in Ute Avenue adjacent to the
5
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B "CI WATERLINE I� _8 "CI.SEEWER LINE
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RELOCATED TENNIS COURTS
UTE AVENUE
.8080
PROPOSED
. WATER LINE \
:`.� LOOP
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11001, CONCEPTUAL SITE PLAN O c
A RESIDENTIAL SUBDIVISION Q�J
ASPEN. COLORADO
an essociationW lendywlers
ASPEN DEVELOPMENT AND CONSTRUCTION RESIDENTIAL GMP,
SM SOUTH DTCBLVD.. SUITE 000 CONCEPTUAL PUD AND
3
ENGL D COLORADO BI7WIO1,I SUBDNISION SUBMISSION 0 20 b
G
property. Please refer to the Existing Conditions map. The
Applicant proposes to connect an 8" collection line to this
line which will be located along the private roadway and be
approximately 400 feet in length. The District Engineer for
the Aspen Consolidated Sanitation District has determined that
the existing system has the .capacity to handle the additional
sewage demand generated by this development.
3. Type of Drainage System: The on -site storm water
generated from this project will be detained on -site in
engineered catch basins, detention ponds and /or drywells.
Off -site storm water from the mountain side, immediately south
of the development, will be carried eastward in a channel along
the old Midland right of way to Ute Avenue, proposed by the
City to carry drainage from Aspen Mountain. The applicant will
provide the required 30 foot easement to the City so that this
drainage channel may be accomplished. See the Conceptual Site
Plan map for the location of this proposed easement.
4. Fire Protection: The roadway is designed to permit
adequate access and the required turning radius for the fire
protection needs of the development. A new fire hydrant will
be installed in the area of the proposed cul -de -sac, centrally
located to the four residences. The distance to the City Fire
Station is 10 City blocks and the response time is estimated to
be between 4 and 8 minutes.
Purchasers of the lots will be required, by covenant, to
install automatic sprinkler systems in all dwelling units
located within the 1001 Subdivision.
7
1
5. Site Data: The property is split by the City /County
line; therefore of the 6.73 acres of total land area; 4.08
acres is in the County and 2.65 acres, or 115,314 sq.ft. is
within the City of Aspen. The County land will be left as
undeveloped natural open space except for the ski /hiking trail
and the previously described drainage channel. The residential
lot development will be within the City and will reflect the
density of the R -15 (PUD) Zone in which it is situated:
the type of housing will be single family and duplex
(three duplexes, one single family), consisting of four struc-
tures and a total of seven units. Three of the duplex units
are proposed to be low- income price restricted units and will
function as caretaker units. The total allowable square feet
of building area in the project, according to the provisions of
Section 24- 3.7(e)(5) of the Code is 18,576 sq.ft.
The Applicant intends to develop approved lots for sale.
The price of the lots is expected to range from $300,000 to
$400,000. The price restricted units will rent according to
the current Housing Authority guidelines in effect at the time.
The distance to the public elementary school is
approximately one mile and to the middle and high schools about
two and one half miles. The nearest school bus route on East
Cooper Avenue is five blocks away.
6. Traffic and Parking: Trip generation has been esti-
mated to be an average of 10 vehicle trip ends per day for each
dwelling unit, or a total of 70 trip ends (35 round trips).
�
8
This traffic increase would occur on Ute Avenue and Original
Street. These two city streets are paved, two lanes in width,
and with no curbing. The street right -of -way is generally 60
feet wide and has a paving surface averaging 22 feet. The City
Engineering Department considers the traffic along Ute Avenue
to be minimal at this time.
i The total number. of vehicles expected as a result of the
project is estimated to be two autos per unrestricted dwelling .
and one auto per price - restricted unit, an average of 11
vehicles. Previous studies indicate peak summer hours of
vehicle use to be between 6 and 7 P.M. During the ski season,
the peak hour would be expected to be 4 to 5 P.M. (T.D.A., 1983
Transportation Study for the Aspen Mountain Lodge Project).
On -site parking will exceed the city requirement of one
space per bedroom; language regarding parking to be provided
will be included in the PUD Agreement and the Protective
Covenants for the subdivision. Within the common open space
areas, 8 additional off -site parking spaces will be provided as
sho,�-m on the Conceptual Site Plan.
The development is located within four City blocks walking
distance of two existing bus routes; one is the free city
shuttle system and the other, RFTA's downvalley bus route. The
Ute Avenue Bikeway, part of the Trails Master Plan loop system,
is adjacent to the project on Ute Avenue. As an additional
auto disincentive technique, a skiing /hiking trail alignment
has been incorporated into the planning for this proposal to
allow
n
0
skiers to ski -in to the subdivision and avoid driving. This
trail proposal is described in detailed in the following
Section II B, 2 (d). The bus routes and Ute Avenue Bikeway are
shown on the Vicinity Map.
7. Location,Relative to Municipal Facilities: The
project is 7 City blocks from Wagner Park, one of Aspen's most
active. In.addition, Glory Hole Park is 900 feet distance and
Ute Children's Park, is approximately 800 feet from the deve-
lopment. These parks are located on the Vicinity Map. The
Hospital is 2 miles and the County Airport 4 -1/2 miles from the
project.
Assuming a population per unrestricted unit of 6 people x
4 = 24, and 1.5 for each of the 3 caretaker units = 4.5, say 5,
the total population would be 29 at peak occupancy. It is
reasonable to assume that the unrestricted units will general-
ly be used as second homes and have minimal occupancy in the
off - seasons. It is also probably fair to state that 4 new
homes with 3 one 'bedroom caretaker units will not generate
significant demands on public facilities and services. We
believe this to be especially true since the pace of develop -
went in the Aspen area within recent years has been within the
range of the GMP guidelines and that municipal facilities can
accommodate this modest rate without negative impact.
8. Location Relative to Retail and Service Outlets:
Aspen's newest gondola ski lift as well as a chairlift on
Little Nell ski hill are located just 5 City blocks from this
10
project. In addition to the project's close proximity -to the
Aspen Mountain Ski Area and the Transit Authority's bus system,
the central business district is within a 5 or 6 block walk.
The modest number of shoppers generated by the development
will, however, place little additional demand on these
outlets.
9. Effects on the Neighborhood: The 1001 Subdivision
will result in the cleanup of an unkept tract of ground, the
predominate feature of which is a huge unvegetated mine dump;
the site is presently vacant except for three tennis courts.
The proposed lotting plan approximates the density of the
adjacent Aspen Chance Subdivision. It is clear that the
effects of this small PUD subdivision will be positive on the
adjacent properties. The proposed development, the regrading
of the site and extensive landscaping and.site work will
completely eliminate the scar of the mine dump.
10. Construction Schedule: It is the intent of the
Applicant to develop and market the four building sites as soon
as practical. Therefore, if the project receives GMP approval,
the Applicant will move ahead as expeditiously as possible and
complete the approval process of Preliminary and Final Plat
with the objective being to start site work in the spring of
11
9 C1 N .
B. RESIDENTIAL GMP EVALUATION CRITERIA.
1. Public Facilities and - Services.
' (a) WATER.
IIt
has been represented by the Aspen Water Department
that sufficient capacity and pressure exists in the existing
City water system to serve the projected residential use and
fire protection needs of the 1001 Subdivision. The
1
distribution line in Ute Avenue is capable of handling the
projected population of this project. The estimated water
demand of the four lot development is calculated as follows:
the estimated water usage is 100 gallons per person per day
(gpd); the average peak, occupancy for the 4 free market units
is estimated to be 5 per unit x 4 for a total of 20, and 1.5
for the employee units x 3 for a total of 4.5 (say 5) for a
project total of 25. A population of 25 times 100 gpd equals
2,500 gpd estimated water usage for the project.
The project will be served by a 6" C.I.P. water main
connected to the 12" City water main in Ute Avenue, generally
as shown on the Conceptual Site Plan. We propose to loop the
line with the Aspen Chance Subdivision line as shown. This
loon connection will improve the quality of service in the
area. One new fire hydrant will be located in the cul -de -sac
as shown on the Conceptual Site Plan.
(b) SEWER.
The total sewage flow anticipated from the project is
expected to equal the in -house water usage as developed in
12
� l
Section (a), WATER, preceeding. The total sewage flow from
' this proposed residential project is anticipated to be 2,500
gallons per day ( gpd) .
With regard to system capacity, discussions with the
District Engineer for the Aspen Consolidated Sanitation
District have determined that the existing sewage collection
system, trunkline sewers and treatment facility have the
drainage ina ditch along the, old. Midland Rail road,,rig,ht _of, „way,,.
to Ute Avenue, through Ute Children's Park to the Roaring Fork
River. In order_ to accomplish.this plan, the City must secure
a 30' easement along the alignment of the abandoned railroad
13
capacity to handle the additional sewage demand of the 1001
Subdivision as proposed.
The Applicant, at its expense, will construct an 8"
collection sewer line, with adequate manholes, as required, to
connect to the existing 8" Ute Avenue line, generally as shown
on the Conceptual Site Plan.
(c) STORM DRAINAGE.
The most significant off -site drainage problem is the
iSpar
Gulch drainage which presently drains into an unnamed
'
gulch immediately above the adjacent Chance Subdivision. The
Urban Runoff Management Plan prepared for the City by Wright-
McLaughlin Engineers in 1973 estimates the 100 year flood from
Spar Gulch to be 300 cubic feet per second (CFS).
Jay Hammond, City Engineer, represents that the Wright-
_
McLaughlin plan, as revised, calls for collecting this mountain
drainage ina ditch along the, old. Midland Rail road,,rig,ht _of, „way,,.
to Ute Avenue, through Ute Children's Park to the Roaring Fork
River. In order_ to accomplish.this plan, the City must secure
a 30' easement along the alignment of the abandoned railroad
13
1
1
t
n
1
I
ROW through the 1001 property. The owners of the pro
Subdivision hereby commit to the granting of a nonexc]'
drainage easement upon final approval of the subdivision
With respect to on -site storm drainage, runoff from the
proposed development is expected to be minimal. Since there
are no existing storm drainage facilities in Ute Avenue, runoff
from- impervious surfaces created by the development (e .g. roofs
and asphalt paving) will be handled on- site. Drainage thus
generated will be directed along natural drainage swales into
engineered catch basins and drywells located in the lower areas
of the site in order to assure the rate of flow off -site does
not exceed historic levels. This drainage system will be
designed by civil engineers for inclusion in the preliminary
submission.
(d) FIRE PROTECTION.
It has been confirmed that sufficient water pressure
exists for the fire protection needs of the development. The
private road serving the project has been designed and is of
sufficient width to permit access and turning radii by fire
equipment. As mentioned earlier in subparagraph (a), a new
fire hydrant will be centrally located within the project as
shoWn on the Conceptual Site Plan.
The distance to the City Fire Station at 420 East Hopkins
Street is 10 city blocks. The response time is estimated to be
between 4 and 8 minutes.
The applicant will require by covenant that the purchasers
of lots within the 1001 Subdivision install automatic sprinkler
systems within the residences, designed in accordance Uniform
Y 9
Building.Code standards. This feature will improve the quality
and -level of fire protection service within this development.
(e) PARKING DESIGN.
1
The Aspen Municipal
Code
suggests a standard of one park-
ing space per bedroom in
the
R -15 zone. Parking in the amount
ihigh.
of one space per bedroom
will
be provided internally within
each lot. This requirement
will
be incorporated into.the
'
PUD /Subdivision Agreement
and
will therefore be assured both as
1
a building permit requirement and as part of the proposed
covenants of the subdivision. The spaces will
protective p
consist of garages and parking strips or aprons; each space
will be a minimum length of 18 feet, 8 -1/2 feet wide and 7 feet
ihigh.
In addition, as the site plan indicates, 5 additional
paved off- street parking spaces will be provided in the
vicinity of the tennis courts to serve as additional guest
narking. Finally, 3 guest short -term parking spaces will be
located along the private road around the cul -de -sac; these
spaces will not impair traffic flow within the roadway.
(Please refer to the Conceptual Site Plan). Off- street parking
provided will therefore be significantly more than that
required by Code.
1
15
( f ) ROADS.
16
The entrance road serving the 1001 Subdivision will
be approximately 400 feet in length and will terminate with a
cul -de -sac 72' in diameter. The Applicant proposes to pave the
'
the 22 foot wide driving surface with 2" bituminous paving
material. Although internal roadways will be private, and not
dedicated to the City, its design standards will permit
adequate access by fire and snow removal equipment..
The estimated traffic volume generated by the project on
'
Ute Avenue is 10 average daily vehicle trip ends (ADT) per day.
(Source: Aspen Lodge,. Top of Mill, 700 S. Galena and Summit
'
Place Transportation Study, November 18, 1983, by TDA Inc.)
Thus,.7 units x 10 ADT equals 70 ADT. Project - generated peak
16
hour traffic volumes would equal 30% of average daily trip
ends; 30% x 70, or 21 vehicles per hour (Source: TD.A). All
generated traffic would travel west toward the center of town.
'
Ute Avenue, which was recently paved, is two lanes in
width, with an approximate 22 foot driving surface and no
curbing. The grade is essentially flat and the right-of-way is
generally 60 feet in width. The average daily traffic volume
on Ute Avenue east of the Alps Road has not been measured by
'
the City Engineering Department as the traffic is considered
minimal.'' The'`'Appl"icant will provide? any widening •.and .c.urb. and
'
gutter improvements along the project's street frontage at the
Applicant-'s- expense, if required.
16
2. Quality of Design
(a ) NEIGHBORHOOD COMPATIBILITY.
The existing neighboring development to the proposed
1001 Subdivision consists of the recently approved Chance
' Subdivision lying adjacent and to the west, 3 existing dwelling
units at the north edge of the property and the Gant
' Condominiums on the north side of Ute Avenue, consisting of 140
short term rental units.
David Finholm and Associates, Architects, were retained to
develop an architectural concept for the project's residences
even though it is presently anticipated that the -purchasers of
the lots will develop the dwellings according to their own
designs.
Finholm and Associates' design concept will be used as a
basis for developing design guidelines which will then be
incorporated into the project's protective covenants to assure
that final architecture for the project is reasonably
consistent with the concept included with this submittal,
regardless of the buyer's final choice of architect.
' As the architectural concept on the following page
' indicates, there is an obvious attempt to emulate the character
of the dwellings recently constructed in the Chance
Subdivision. The project will emphasize a high quality of site
and architectural design comparable to that of the Chance.
1 17
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- i C aYW dy
SITE SECTION
l lo
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'
The size and height of the structures in the project will
be similarly compatible with the neighboring Chance Subdivision
and the location will be sensitive to the Chance.
'
Some of the architectural design elements which will be
incorporated will include efforts to minimize massing by using
simple, articulated forms. wood and stone materials will be
encouraged to blend into the hillside. Variation in height and
'
roof lines will also be encouraged to minimize massing.
The three existing tennis courts situated on the site and
currently used by the Gant Condominiums, will remain for the
use of the homeowners of the 1001 Subdivision, as well as the
Gant. These tennis courts will be the feature of the common
open space area fronting Ute Avenue.
(b) SITE DESIGN.
The overall design philosophy of the 1001 Subdivision
is neighborhood compatability. The location of the project
requires consideration of the adjacent Chance Subdivision and
the need to relate the design components to the immediate
surroundings.
The physical constraints of the site and the
' reluctance of the adjacent land owners to cooperate with
respect to access, left little choice as to the location of the
' interior roadway. The decision to move the existing tennis
' courts in a westerly direction the width of the proposed
roadway evolved as.the only reasonable solution.
C
19
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L�J
' courts and the building sites will be terraced with architec-
t'ural concrete retaining walls to harmonize with the
surrounding area. The terraces will step up the hill in
roughly 7 foot increments and will be planted predominately
' with aspen trees and scattered spruce. This will create a
soft green separation between the residential sites and the
tennis courts during summer use. Similar treatment will occur
' within the cul -de -sac at the end of the private roadway.
Automatic sprinkler systems will be installed in all three
' areas to insure the survival of the landscaping.
�
(115,314
Within the city portion of the property sq.
1
ft.), the common areas of the PUD consist of approximately
48,738 sq.ft., or 42% of the total. The open space, including
the three tennis courts, the landscaped entrance and
surrounding landscaped areas make up 38,005 sq.ft. with the
balance of 10,733 sq.ft. being roadway and parking.
'
Extensive landscaping and site work will be performed
within the common areas. The area between Ute Avenue and the
'
tennis courts will be planted informally with mixed spruce,
aspen trees and shrubs such as genella maple and redtwig
be exten-
dogwood. Wildflowers and natural grasses will used
'
sively; manicured lawn areas will be minimized. The sitting/
gathering area for the tennis courts will be re-configured,
g 9 g
seating increased and a new surface treatment such as exposed
aggregate concrete or fieldstone will be installed; walkways
will receive a similar treatment. The open area between the
' courts and the building sites will be terraced with architec-
t'ural concrete retaining walls to harmonize with the
surrounding area. The terraces will step up the hill in
roughly 7 foot increments and will be planted predominately
' with aspen trees and scattered spruce. This will create a
soft green separation between the residential sites and the
tennis courts during summer use. Similar treatment will occur
' within the cul -de -sac at the end of the private roadway.
Automatic sprinkler systems will be installed in all three
' areas to insure the survival of the landscaping.
�
zo
1
�M
I!
I�
Although the building sites themselves will be seeded in
order to stablize the soils in those areas after grading is
completed, it is not presently anticipated that the lots will
be extensively landscaped initially because building designs
may affect final grading on individual lots.
Five guest parking spaces will be provided at the entrance
area adjacent to the tennis courts as shown on the Conceputal
Site Plan on page 6. Three additional spaces will be provided
on the.perimeter of the landscaped cul -de -sac.
Finally, the remaining land area of the project, that area
located in the County and consisting of over four acres, will
be retained as common open space in its natural condition for
the benefit and enjoyment of the four homeowners within the
development. This upper area will include a public ski and
hiking trail for the entire neighborhood as well as a drainage
easement for mountain run -off required by the City of Aspen.
All utilites will be underground as required.
(c). ENERGY.
' The 11001' Subdivision protective covenants will
encourage the placement of buildings and special design
features to achieve the recommended solar orientation for heat
gain. The designs for all of the residences.in the '1001'
Subdivision will be required to exceed the City's design
' standard of a maximum heat loss of 18 BTUs per hour per.square
foot at a design temperature of -15 °F. Two.of the building
sites lend themselves to designs which will permit orientation
of major window walls 15 °.from south for maximum solar gain;
where grades will not permit such an orientation, it will be
necessary for the architect to design the residences with great
' care in order to exceed the City's design standard. Existing
grade changes will permit construction into the.hillside, so
that finish grades around the buildings can be designed to
'
extend above finished floor levels. Double -door airlocks will
be used at all exterior entrances; ceiling fans will be
'
required for air recirculation and triple glazing will be
specified in key locations. Expandable foam insulation will be
frames to down
utilized at all exterior door and window cut on
'
air infiltration in these locations. Skyliahting will be
encouraged to assist heating by passive solar gain; daytime
'
energy required by lighting will be reduced. The buildings
will be heated using the latest state -of- the -art minimum - energy
input technology.
'
Further, the covenants will require heavy insulation on
lines and heaters which will reduce heat loss and increase
'
efficiency by 8 -10 %. Thermal insulation which exceeds the
City's requirement of R -20 in floors, walls and ceilings will
be required to create an energy efficient structure:
Insulation standards:
roof: R -40
exterior wall: R -30
between floor: R -11
floor over garage: R -20
'
slabs on grade: R -11
below grade walls: R -20
22
This, in addition to the overall composition of the roof,
floors, and walls, will bring the "R" values well above the
standard.
It is important to note that the standards for scoring in
this section have to do with the extent to which the applicant
proposes to implement energy conserving measures which exceed
Code requirements. The criteria do not suggest that it is
appropriate to attempt to make judgments about the relative
merits.of the sites involved in the competition. To attempt to
judge the relative effectiveness of the various solutions
proposed based on the location of the site would appear to be
beyond the scope of this conceptual review. It may be true,
for instance, that more energy is conserved by techniques which
exceed Code requirements on marginal solar sites, than on
excellent ones.
(d) TRAILS.
The updated Trails Master Plan as, described in the
Aspen Area Comprehensive Plan: Parks, Recreation /Open Space/
Trails Element, (July 1985) and prepared by the Aspen/ Pitkin
Planning Office delineates in Table 9 (page 38) the missing
components of the trails system. The table identifies the
"Pedestrian /Bicycle /Nordic Trail along the base of Aspen
Mountain Skiing Area linking Shadow Mountain to Ute Avenue" as
one of the components. This proposed trail link is also indi-
cated on Figure 9 of the report entitled "Parks /Recreation/
Ope'n Space /Trails Plan Map ". The alignment of this proposed
23
trail crosses the subject ro ert
p p y just above the City boundary
in the County portion of the tract. At the time development
approval was being sought for the Chance - Subdivision, the
Applicant, in cooperation with the Chance, granted a temporary
trail easement along an alignment conforming to this proposed
trail. Subsequently, this trail has been cut through the
subject property. The applicant will, upon final approval of
the 1001 Subdivision Plat, permanently dedicate this 12' trail
reasement to the City for public use as recommended by the
Nordic Council. The trail would provide ski -in and hiking
access to the 1001 from Aspen Mountain; however, the greatest
public benefit would be in providing a critical missing link to
a proposed hiking /skiing trail looping around the City of
Aspen.
(e) GREEN SPACE.
Open space for this PUD will literally consist of
5 -3/4 acres, or 85% of the total site. Approximately 4 acres
is steep hillside in the County which is to be left in its
natural state except for a drainage and trail easement as
described earlier. Approximately 20,000 sq.ft. of land in
three separate areas around the developed portion of the site
' will be green space with extensive landscaping.
As described n'- Section �(b), Site Design, the entrance
r
area, that portion of the site most visible from Ute Avenue,
will -receive topsoil and wil -1 be planted with a variety.,of,,._
aspen, eng lemann and Colorado blue spruce, genella maple and
24
redtwig dogwood shrubs; this treatment will be augmented with
wild grasses and wildflowers. This will create an attractive
natural landscaped area which will visually screen the existing
tennis courts from the public street. The tennis courts will
be shifted approximately 30 feet to the west to accommodate the
entry road.
The area between the residential sites and the tennis
courts will receive similar treatment. There is a major grade
change of 20 feet in this area; concrete retaining walls
stepping up the hillside in three major terraces and planted
predominately with aspen trees and scattered spruce will offer
a relief of green area between the residences and the tennis
courts.
Finally, the center of the cul -de -sac at the end of the
private roadway will also be planted with aspens mixed with the
aforementioned shrubs. All three landscaped areas will be
sprinklered to assure the success of the planting program.
The Protective Covenants for the residential lots will
encourage the-planting of Colorado blue spruce and englemann
spruce around and between the dwellings to give continuity to
the natural area above the project which is predominately
spruce covered. All of the green space will be carefully
designed and maintained for the benefit of the residents and
neighborhood alike.
25
1
�
(b) COMMUNITY COMMERCIAL FACILITIES.
26
is located 4 block's
3.
Proximity to Support Services.
The project within city
walking
(a) PUBLIC TRANSPORTATION.
advised
that the "commercial faciliies in town" referred to in
The subject project is located within
4 city blocks
are identified as the designated CC, C -1, NC and S /C /I
walking
distance of two existing bus routes, one
the free city
on the
shuttle
system and the other, RFTA's downvalley
bus route. The
idistance
following page zone
from to the Rubey Park Transit
Stop,
feet distance, which is just under 4 blocks. Likewise,
the
the project
which
or just
is the transfer
point for all District transit
routes, is 6
blocks.
1
�
(b) COMMUNITY COMMERCIAL FACILITIES.
26
is located 4 block's
The project within city
walking
distance of the commercial facilities in town. We are
advised
that the "commercial faciliies in town" referred to in
the Code
are identified as the designated CC, C -1, NC and S /C /I
zones as
shown on the City Zoning map. As the City zoning map
on the
indicates, the CC in block 102 is
1,300
following page zone
'
feet distance, which is just under 4 blocks. Likewise,
the
distance from the NC zone in block 106 is 1,400 feet,
or just
over 4 city block's distance from the project.
1
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26
I
22
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I
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7-n
L am
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O—UL),
.-R.R
O—UL),
4. Provision for Low, Moderate & Middle Income Housinq.
The GMP employee housing criteria are based on a
comparison of the population of the non - restricted units to the
number of employees to be housed in restricted units. Points
to be awarded also take into account the price restrictions
proposed to be applied to the units. As described earlier, the
Applicant is requesting a GMP allocation for four residential
units; using the guidelines of Section 24- 11.4(b)(4)(bb), the
population of the non - restricted units is 12.
The Applicant proposes to provide 3 one - bedroom employee
units which will be deed restricted to the low - income price and
occupancy guidelines. These units will be provided on -site as
the second unit of the three duplexes and function as
rental /caretaker units.
We have submitted information to the Planning Director
regarding a small dwelling which stood on the property until
1984, when it was mistakenly demolished by the developers of
the Aspen Chance Subdivision prior to verifying the unit's
existence as called for under Section 24- 11.2(a).
We are seeking a credit for that residential unit because
of the circumstances surrounding its demolition. However, if
this effort is unsuccessful it is the applicant's intention, in
order to provide- the,minimum,of 35% employee housing,. to pay a
"fee in lieu" of $25,000, as provided for in Section
24- 11.10(1)(.3) as an employee housing dedication fee. The
current formula provides that a fee of $20,000 equals one
employee for low- income; is to
contribution our proposal offer
1.25 low- income employee equivalents at $20,000 x 1.25 =
.$25,000. Under this alternative, the employee housing and
'
proposed fees will provide the project with 35% of the total
development committed to employee housing; 7 points would be
'
assigned to the project for this alternative. If we are given
1
credit for the dwelling demolished by others, one of the
proposed dwellings would be considered a replacement dwelling
'
and the fee in lieu would be reduced as accordingly to maintain
a commitment of 35% employee housing.
1
SUMMARY TABULATION OF EMPLOYEE HOUSING
Population Percentage
Free Market Units -
4 unlimited units
-
@ 3.0 residents each 12.0 65%
'
Restricted Units -
'
3 one bedroom units (low -
income) @ 1.75 residents each 5.25
$25,000 cash in -lieu
contribution (low income)
-
1 resident /$20,000 1.25
'
Total Employee Houisng 6.50 35%
TOTAL HOUSING 18.50 100%
'
Calculation of.GMP Points:
35% of total project low - income price restricted units X
'
1 point for each 5% low- income price restricted = 7 points
29
'I
U
'
The
applicant requests
the option, at Final Plat, to
'
replace
the "cash -in- lieu" commitment
with the conversion of
existing
units to which the
Housing Authority would recommend
equal or
greater points. It
would seem presumptive at this
point to
purchase potential
units to be converted when it is
not known
if the project will
be approved.
J
71
L
III. Conceptual Subdivision-Submission
A. SUBMISSION CONTENTS.
' The majority of the information required for conceptual
subdivision submissions has been included on the plans
submitted with this application, as follows:
(4) Aspen Title Company's 1984 Title Insurance Policy is
' included in Appendix B of this submission.
(1) Project location is shown on the Vicinity Map (page
'
2). Landmarks and zoning are illustrated on the Existing
Conditions Map (page 4).
features to the
(2) For existing site please refer
Existing Conditions Map; for questions concerning what is
proposed for the site, see the Conceptual Site plan (page 6).
(3) Requested data is as follows:
Proposed name: 11001' Subdivision
6.73 Acres
Site acreage:
'
Total Land within the City: 115,314 sq.ft. (2.65 Acres)
Number of.lots: Four, ranging from approximately 14,500 sg.ft.
'
to 20,000 sq.ft. (Three duplex sites and one single
family site.) (Balance of site to be held in common
ownership.)
'
Number of dwelling units proposed:
(4 freemarket, 3 restricted) 7
Total building square footage not to exceed: 18,576 sq.ft.
Total projected population: 25
(4) Aspen Title Company's 1984 Title Insurance Policy is
' included in Appendix B of this submission.
'
Plan, the City
IV. nce to I PUD PI
Co p a U an
'
decided upon a zone designation of R -15 (PUD) for the area,
A. PLANNING Oa=IVES OF THE PROJECT
'
in 1973 to the
The Aspen Land Use Plan was adopted update
'
1966 Aspen Area General Plan and in anticipation of the adop-
tion of a new zoning code and zoning district maps. The Plan
'
outlined a series of land -use categories which were applied to
land within the City. The lower portion of the '1001' site was
'
designated for Mixed Residential development.
as appropriate
1
The purpose of this category was to allow.for a mix.of_
residential uses interspersed with limited amounts of
'
professional office and visitor accomodation uses.
Plan, the City
Subsequent to the adoption of the Land Use
'
decided upon a zone designation of R -15 (PUD) for the area,
which permits one dwelling unit per 15,000 sq. ft. of land and
a duplex per 20,000 sq. ft. Mandatory PUD requires the submis-
sion of additional information concerning a number of
'
issues well as slope
environmental and public service as
'
reduction calculations to determine permitted density for a
development P proposal.
The proposal for 7 residential units in three duplexes and one
1
4 lots is the
detached single- family unit on consistent with
'
intent of the land -use plan and the PUD regulations of the
All area and bulk requirements of the R -15 zone district
City. q
32
will be complied with, with the exception of_ the minimum lot
sizes as noted, front yard setbacks which because of grades may
be reduced to 20 feet and the manner in which the 25 -foot
height limit is to be calculated. Because of the extent of
fill material previously left on the site and the amount of
earth- moving anticipated in order to restore a more natural
appearance to the site, we believe it would be appropriate to
C. MANDATORY PUD
' For parcels designated mandatory PUD, additional areas of
concern which must be addressed include the following:
1 1. The City water department has confirmed that adequate
' water pressure exists in the area to service the proposal.
33
use the finish grades established through the PUD process as
'
the basis for measuring building heights for the project.
Heights for projects are typically measured at right angles to
"natural is, in this case,
the undisturbed" ground slope which
perhaps 30 feet beneath the tailings. PUD procedures permit
variations in measuring height where appropriate.
B' FUl'URE OWNERSHIP
'
With regard to future ownership, it is presently antici-
pated that the four lots will be sold to individuals who will
build the residences. The area fronting Ute Avenue, including
'
the private entry road and tennis courts, as well as the area
above the lots will be retained in common ownership governed by
a homeowners' association.
C. MANDATORY PUD
' For parcels designated mandatory PUD, additional areas of
concern which must be addressed include the following:
1 1. The City water department has confirmed that adequate
' water pressure exists in the area to service the proposal.
33
proposed Lodge Improvement District and is slated for a number
of improvements including paving overlay, curb and gutter,
' street lights, and bike trail improvements. The owners have
committed to continue those improvements slated for the south
'
from
side of Ute Avenue along the property frontage. On -site, the
Water system
improvements which will result
the
project
will upgrade
service in the area. The
existing sewer
system is
adequate for
the seven units proposed.
Electrical service
can
'
be provided
by Holy Cross Electric and
gas service is
available
easement to accommodate a solution to the Spar Gulch drainage
from Rocky Mountain Natural Gas.
in the
'
solution to perhaps the most significant drainage problem
facing the City at the present time: Runoff resulting from the
'
2.
Ute Avenue to the west
of the site is
within the
proposed Lodge Improvement District and is slated for a number
of improvements including paving overlay, curb and gutter,
' street lights, and bike trail improvements. The owners have
committed to continue those improvements slated for the south
'
side of Ute Avenue along the property frontage. On -site, the
roads serving the project will be designed to standards
acceptable for private roads.
3. Chen and Associates has performed an Engineering
Geologic Reconnaissance and Mine Dump Study (see Appendix B).
'
The report points out several areas of concern that will
'
require further study for submission with the preliminary
application.
4. Through the commitment of a 30 foot drainage
easement to accommodate a solution to the Spar Gulch drainage
in the
problem, the applicant has committed to participate
solution to perhaps the most significant drainage problem
facing the City at the present time: Runoff resulting from the
'
project itself will be handled on -site with an engineered
solution to be submitted with the preliminary submission.
34
�II
�J
'
5. Negative impacts on air quality will be minor.
'
The use of woodburning devices will be governed by regulations
in effect at the time of construction on individual sites. The
project is within walking distance of many commercial services
and the gondola is approximately 1,500 feet from the site.
be to the
Skiers returning to the project will able utilize new
'
trail constructed from Little Nell, adjacent to and above the
development. Air quality impacts resulting from increased auto
'
trips may be more than offset by the benefits resulting from
the capping of toxic soils with uncontaminated material.
'
6. Because the impact
of of previous mining
'
activity and the resulting dumping of tailings, regrading of
the site is needed to restore a natural appearance to the
site. The addition of new topsoil and landscaping which will
result from the site's development will have a positive effect
the The
on the overall appearance of neighborhood. residences
will be designed into the reshaped hillside and comply with the
height limit of the Zone district when measured from the new
1
grades.
7. Again, significant regrading of the site is
'
in to return a natural
anticipated and appropriate order
'
appearance to the site, heavily impacted by mining activity in
the 1800s.
8. All building sites are clustered near the base
of the slope, the most appropriate portion of the site for
' development. The total square footage proposed for the PUD
35
D
will be reduced to that permitted after slope reduction
calculations.are performed; no variation is requested.
Approximately one third of the City-portion-of the site and all
' of the County land will be retained in open space use as a
result of this proposal.
' D. SLOPE REDUCTION CALCULATIONS
For sites with a Mandatory PUD designation, it is necessary to
perform slope reduction calculations according to the
' procedures outlined in Section 24 -8.18. Based on these calcu-
lations, as illustrated on the following page, land available
for density credit has been reduced from 115,314 sq.ft. to
' 75,211 sq.ft., as follows:
I Land within City Limits, zoned R -15
(C -zoned land not included)
36
Square Feet
in
Slope Classification Category %
Credit
Net Land
'
0 - 20% 71,680
100
71,680
21 - 30% 3,272
50
1,636
31 - 40% 7,580
25
1,895
over 40% 26,582
0
0
Total after Slope
Reduction:
75,211
36
I
eoa0
mm
/ SPAN
8050�/�
i
W°' ► p 'i' i
em
BD30 • / III III I I� ' ►'' / � 8020
BDIO • :i! i!'' i` 9010
I
Ii 6m
ihll ! � is
II
980
7980
I "4ii'io �
I \I
I
I' `7970
I I
`'•�.._ •\
CLASSIFOPE NOCATEGORV %CREDIT NET LAND
�.. -� 0.20', 71,680 IOD 71.680
21 -30°e 3.272 50 1.636
® 31J0°v 7560 25 1395
ae. a0'e 26.582 0 0
TOTAL AFTER SLOPE REDUCTION. 75 211 SO FT.
11001' SLOPE MAP
p �( �
A RESIDENTIAL SUBDIVISION DO prT= & ` eLLs
ASPEN. COLORADO
an association of land planners
ASPEN DEVELOPMENT AND CONSTRUCtION RESIDENTIAL GMP.
690 AND,
5 SOUTH DTC BLVD. SUITE 600 CONCEPTUAL PUD
ENGLEwOOD, OD. COLORADO ,,,
1CO - I SUBDIVISION SUBMISSION c zo <D
37
E. ALLOWABLE FLOOR AREA
In order to determine the maximum building square footage per-
mitted for the PUD (although variation of maximum square
footage is permitted through PUD prodedures), calculations
according to the provisions of 24- 3.7(e)(5) have been perform-
ed. The total square footage permissible for the seven units
proposed is 18,576 sq. ft. (Land within the Conservation zone
has been ignored.) The calculation is as follows:
Site area within the City: 115,314 sq.ft.
Balance of R -15 zoned land, after slope
reduction (see previous page): 75,211 sq.ft.
Land area per dwelling unit:
75,211 sq. ft. - 7 units = 10,744 sq.ft.
Allowable average unit size (from 24 -3.4):
Duplexes:
4,500 + (7 sq.ft. /100 sq.ft. of land over 9,000 sq.ft.
= 249) = 4,749 sq.ft.
Single- Family:
4,080 + 7 sq.ft. /100 sq.f.t = 4,329 sq.ft.
3 Duplexes x 4,749 sq.ft. = 14,247
1 Single Fammily x 4,329 sq.ft. = 4,329
Total allowable building sq.ft. = 18,576
' The total building square footage for the project will not
exceed this figure.
38
Appendix A
Owner Policy
of Title
Insurance
S,,nar„re
/ ASPEN TITLE CO.
530 E. MAIN
ASPEN, COLO. 81611
AMERICAN LAND TITLE ASSOCIATION STANDARD OWNER'S POLICY —FORM 13- 1970 - AMENDED 10 -17 -70
Formerly DALLAS TITLE AND GUARANTY COMPANY
POLICY OF TITLE INSURANCE issued by USLIFE TITLE INSURANCE Company of Dallas,
subject to the Exclusions from Coverage, the exceptions contained in Schedule B and the
provisions of the Conditions and Stipulations hereof, USLIFE TITLE INSURANCE Company
of Dallas, a Texas Corporation, herein called the Company, insures, as of Date of Policy
shown in Schedule A, against loss ordamage, not exceeding the amount of insurance stated
in Schedule A, and costs, attorneys' fees and expenses which the Company may become
obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest, described in Schedule A being vested otherwise than as
stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF, USLIFE TITLE INSURANCE Company of Dallas has caused these
�icE —_
presents to be signed by its duly authorized officers in facsimile with its corporate seal
......... 0ao;
hereto affixed to become effective as its original signature and seal and binding on this
Company as of the date shown in Schedule A. the effective date of this policy.
SEA :o2
\��j.••. rE J( A`'.� �^ {,111
S,,nar„re
/ ASPEN TITLE CO.
530 E. MAIN
ASPEN, COLO. 81611
AMERICAN LAND TITLE ASSOCIATION STANDARD OWNER'S POLICY —FORM 13- 1970 - AMENDED 10 -17 -70
Formerly DALLAS TITLE AND GUARANTY COMPANY
President 6 Chief frecurive Officer
Attest. Senior Vice - President, Secrerity ✓nd rreasurer
S,,nar„re
/ ASPEN TITLE CO.
530 E. MAIN
ASPEN, COLO. 81611
AMERICAN LAND TITLE ASSOCIATION STANDARD OWNER'S POLICY —FORM 13- 1970 - AMENDED 10 -17 -70
Formerly DALLAS TITLE AND GUARANTY COMPANY
Exclusions from Coverage
The following matters are expressly excluded from the
coverage of this policy:
1. Any law, ordinance or governmental regulation (includ-
ing but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy,
use or enjoyment of the land, or regulating the charac-
ter, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation
in- ownership or a reduction in the dimensions or area of
the land, or the effect of any violation of any such law,
ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of
police power unless notice of the exercise of such rights
appears in the public records at Date of Policy.
Definition of Terms
3. Defects, liens, encumbrances, adverse claims, or other
matters (a) created, suffered, assumed or agreed to by
the insured claimant; (b) not known to the Company and
not shown by the public records but known to the insured
claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this
policy and not disclosed in writing by the insured claim-
ant to the Company prior to the date such insured claim-
ant became an insured hereunder; (c) resulting in no
loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting in
loss or damage which would not have been sustained if
the insured claimant had paid value for the estate or
interest insured by this policy.
Conditions and Stipulations
The following terms when used in this policy mean:
(a) "insured the insured named in Schedule A, and, sub-
ject to. any rights or defenses the Company may have had
against the named insured, those who succeed to the interest
of such insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant': an insured claiming loss or damage
hereunder.
(c) "knowledge ": actual knowledge, not constructive know-
ledge or notice which may be imputed to an insured by reason
of any public records.
(d) "land ": the land described, specifically or by reference
in Schedule A, and improvements affixed thereto which by
law constitute real. property; provided, however, the term
'land" does not include any property beyond the lines of the
area specifically described or referred to in Schedule A, nor
any right, title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of access
to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records ": those records which by law impart
constructive notice of matters relating to said land.
2. Continuation of Insurance after
Conveyance of Title
The coverage of this policy shall continue in force as of
t Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an indebted-
ness secured by a purchase money mortgage given by a pur-
chaser from such insured, or so long as such insured shall
have liability by reason of covenants of warranty made by
such insured in any transfer or conveyance of such estate or
interest; provided, however, this policy shall not continue in
force in favor of any purchaser from such insured of either
esaid estate or interest or the indebtedness secured by a pur-
' chase money mortgage given to such insured.
3. Defense and Prosecution of Actions
Notice of Claim to be given by an Insured
Claimant
(a) The Company, at its own cost and without undue delay,
thall provide for the defense of an insured in all litigation
consisting of actions or proceedings commenced against
such insured, or a defense interposed against an insured in
an action to enforce a contract for a sale of the estate or
interest in said land, to the extent that such litigation is founded
upon an alleged defect, lien, encumbrance, or other matter
insured against by this policy.
(b) The insured shall notify the Company promptly in writ-
ing (i) in case any action or proceeding is begun or defense is
interposed as set forth in (a) above, (ii) in case knowledge
shall come to an insured hereunder of any claim of title or
interest which is adverse to the title to the estate or interest,
as insured, and which might cause loss or damage for which
the Company may be liable by virtue of this policy, or (iii) if
title to the estate or interest, as insured, is rejected as unmar-
ketable. If such prompt notice shall not be given to the Com-
pany, then as to such insured all liability of the Company shall
cease and terminate in regard to the matter or matters for
which such prompt notice is required; provided, however,
that failure to notify shall in no case prejudice the rights of any
such insured under this policy unless the Company shall be
prejudiced by such failure and then only to the extent of such
prejudice.
(c) The Company shall have the right at its own cost to
institute and wit ^out undue delay prosecute any action or pro -
ceeding _ or to do any other act v:hich in its opinion may be
necessary or desirable to establish the title to the estate or
interest as insured, and the Company may take any appropriate
action under the terms of this policy, •,whether or not it shall
be liable thereunder, and shall not thereby concede liability or
waive any provision of this policy.
(d) Whenever the Company shall have brought any action
or interposed a defense as required or permitted by the pro-
visions of this policy. the Company may pursue any such liti-
gation to final determination by a court of competent
jurisdiction and expressly reserves the right, in its sole discre-
tion, to appeal from any adverse judgment or order.
(e) In all cases where this policy permits or requires the
Company to prosecute or provide for t ^e defense of any action
or proceeding, the insured hereunder shall secure to the Com-
pany the right to so prosecute or provide defense in such
action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of such insured for
such purpose. Whenever requested by the Company. such
insured shall give the Company all reasonable aid in any such
action or proceeding, in effecting settlement, securing evi-
dence, obtaining witnesses, or prosecuting or defending such
action or proceeding, and the Company shall reimburse such
insured for any expense so incurred.
4. Notice of Loss — Limitation of Action
In addition to the notices required under paragraph 3(b) of
these Conditions and Stipulations, a statement in writing of
any loss or damage for which it is claimed the Company is
liable under this policy shall be furnished to the Company
within 90 days after such loss or damage shall have been
ir,,.,,�:..,,.. �.,,� c..,,..��,..,,. r•,,...,...,...r ,,..� r,,.,�r.,,r..,+ ..., r ,.:. a -...� of T�.�. Pn��rvr
I
1
Cr)NDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face)
determined and no right of action shall accrue to an insured
claimant until 30 days after such statement shall have been
furnished. Failure to furnish such statement of loss or darnage
shall terminate any liability of the Company under this policy
as to such loss or damage.
5. Options to Pay or Otherwise Settle Claims
The Company shall have the option' to pay or otherwise
settle for or in the name of an insured claimant any claim
insured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of
the amount of insurance under this policy together with any
costs, attorneys' fees and expenses incurred up to the time of
such payment or tender of payment, by_ the insured claimant
and authorized by the Company.
6. Determination and Payment of Loss
(a) The liability of the Company under this policy shall in no
case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in
litigation carried on by the Company for such insured, and all
costs, attorneys' fees and expenses in litigation carried on by
such insured with the written authorization of the Company
(c) When liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall be
payable within 30 days thereafter.
7. Limitation of Liability
No claim shall arise or be maintainable under this policy
(a) if the Company, after having received notice of an alleged
defect, lien or encumbrance insured against hereunder, by
litigation or otherwise, removes such defect, lien or encum-
brance or establishes the title, as insured, within a reasonable
time after receipt of such notice; (b) in the event of litigation
until there has been a final determination by a court of compe-
tent jurisdiction, and disposition of all appeals therefrom,
adverse to the title, as insured, as provided in paragraph 3
hereof; or (c) for liability voluntarily assumed by an insured in
settling any claim or suit without prior written consent of the
Company.
8. Reduction of Liability
All payments under this policy, except payments made for
costs, attorneys' fees and expenses, shall reduce the amount
of the insurance pro tanto. No payment shall be made without
producing this policy for endorsement of such payment unless
the policy be lost or destroyed, in which case proof of such
loss or destruction shall be furnished to the satisfaction of
the Company.
9. Liability Noncumulative
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the Com-
pany may pay under any policy insuring either (a) a mortgage
shown or referred to in Schedule B hereof which is a lien on
the estate or interest covered by this policy, or (b) a mortgage
hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A.
and the amount so.paid shall be deemed a payment under this
policy. The Company shall have the option to apply to the pay-
ment of any such mortgages any amount that otherwise would
be payable hereunder to the insured owner of the estate or
interest covered by this policy and the amount so paid shall
be deemed a payment under this policy to said insured owner.
10. Apportionment
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is estab-
lished affecting one or more of said parcels but not all, the loss
shall be computed and settled on a pro rata basis as if the
amount of insurance under this policy was divided pro rata as
to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to
Date of Policy, unless a liability or value has otherwise been
agreed upon as to each such parcel by the Company and the
insured at the time of the issuance of this policy and shown by
an express statement herein or by an endorsement attached
hereto.
11. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the Company
unaffected by any act of the insured claimant. The Company
shall be subrogated to and be entitled to all rights and remedies
which such insured claimant would have had against any
person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect
such right of subrogation and shall permit the Company to
use the name of such insured claimant in any transaction or
litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company
shall be subrogated to such rights and remedies in the propor-
tion which said payment bears to the amount of said loss. If
loss should result from any act of such insured claimant, such
act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured
against "hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of
subrogation.
12. Liability Limited to this Policy
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the
entire policy and contract between the insured and the
Company.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and Condi-
tions and Stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the Secre-
tary, an Assistant Secretary, or validating officer or author-
ized signatory of the Company.
13. Notices, Where Sent
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to USLife Title Insurance Company of
Dallas, 1301 Main. Dallas, Texas.
0
SCHEDULE A
21 1984 at 4:32 P.M.
'Date of Policy: February ,
Amount of Insurance $ 800,000.00
1. Name of Insured
O 043998
GF No. A83 -518
Aspen Development and Construction Company, a Colorado Corporation .
2. The estate or interest in the land described herein and which is covered by this policy is: (a fee, a leasehold, etc.)
fee simple
estate or interest referred to herein is at Date of Policy �. The es Y vested in:
Aspen Developr -ent and Construction Ccnpany, a Colorado Corporation
r
HI
. The land referred to in this policy is described as follows:
PARCEL A:
1001 MDE 1.11_, uqG CL 4, U.S.M.S. # 1741
EXCEPT that part conveyed to Smuggler- Durant Mining Corporation in Boo:{ 390 at Page 896.
PARCEL B:
A tract of land situated in the SE 1/4 N1W 1/4 of Section 18, Township 10, South, Range 84
I%bst of the 6th Principal :]eridian, Pitkin County, Colorado, being more fully described
as follows:
BEGI,I7ING at Corner No. 3 of the 111001" Lode, i"i.S. #1741, :hence Corner No. 1 of Aspen
Townsite bears N.66 °11'30" W. 132.50 feet; thence N. 47 °07'00" E. 2.20 feet along the
Northwesterly lire of Lot 1, Hoag Subdivision to a point on the Southerly right -of -sway
line of Ute Avenue; thence N. 33 048'30" 1•7. 149.99 feet along said right -of -way to a
point on Line 1 -2 of said Aspen Townsite; thence S. 28 028'00" W. 33.08 feet along said
Line 1• -2 to a point on Line 3 -4 of said "1001 "; thence S. 45 °10100" E. 137.64 feet along
said Line 3 -4 to the Point of BEGIMING.
COUDTI'Y OF PITKIN
STATE OF COLORADO
SCHEDULE B
t
POLICY NO. 0 043998
> This Policy does not insure against loss or damage by reason of the following:
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 an facts which a correct survey and inspec-
tion Y 9 � Y Y P
tion of the premises would disclose and which are not shown by the public records.
V . Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown
7 by the public records.
#5. The lien of any and all taxes and assessments: for the -year 1983 and thereafter.
6.Reservations and exceptions as set forth in United States Patent recorded :May 1, 1884 in
Book 11 at Page 97 and Aguust 29, 1949 in Book 175 at Page 299.
7.Terms, conditions, obligations, reservations and restrictions of Agreement between
`Destination Resorts - Aspen, Ltd., a California Limited Partnership, and Smuggler- Durant
UMining Corporation, a New York Corporation, as set forth in instrument recorded October 30,
1979, in Book 378 at Page 419, as assigned to The Gant Condominium Association, Inc., a
'Colorado non — profit corporation, and as amended by Amendment to Agreement recorded June 15,
1983 in Book 447 at Page 90, and Assignment of Lease recorded_ February 21, 1984 in Book 461
-at Page 357.
# 8. Terms, provistion, obligations and conditions of Access Easement Agreement recorded
June 15, 1983 in Book 447 at Page 100.
9. Encroachment of Lots 1, 2 and 3, Ute Addition, to the City and Townsite of Aspen, and
improvements thereon.
110. Right of Jay for Ute Avenue.
Pi
11. Deed of Trust from Harley Baldwin to the Public Trustee o f Pit kin County, Colorado for
the use of Smuggler— Durant Mining Corporation, to secure $315,000.00, dated April 13, 1980,
recorded April 16, 1980 in Book 387 at Page 769.
NOTE: Assumption Agreements and :Modifiation of Note and Deed of Trust recorded February 21,
1984 in Book 461 at Page 328, and in Book 461 at Page 334, given in connection with above
Deed of Trust.
12. Deed of Trust from The Gant Condominium Association, Inc. to the Public Trustee of
' Pitkin County, Colorado for the use of Harley Baldwin to secure $100,000.00, dated June 15,
'1983, recorded June 15, 1983 in Book 447 at Page 106. (NOTE: Encumbers leasehold estate
and access easement granted).
113. UCC Financing Statement between The Gant Condominium Association, inc., Debtor, and
Harley Baldwin, Secured Party, recorded June 15, 1983 in Book 447 at Page 110.
#EXCEPTIONS CONTINUED, PLEASE SEE. EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
I
t
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY, FORM B 1970 AMENDED 10 -17 -70
EXHIBIT "A"
Exceptions (continued)
A83 -518
0 043998
14. Deed of Trust from Aspen Development and Construction Company,' a Colorado
Corporation, to the Public Trustee of Pitkin County, Colorado for the use of
Harley Baldwin to secure- $530,701.95, dated February 21, 1984, recorded February 21,
1984 in Book 461 at Page 340.
15. Deed of Trust from Aspen Development and Conntruction Company, a Colorado
corporation, to the Public Trustee of Pitkin County, Colorado for the use of
RepublicBank Dallas National Association, a national banking association, to
secure $1,150,000.00, recorded February 21, 1984 in Book 461 at Page 362.
16: Assignment of Landlord's Interest in Leases from Aspen Development and Construction
Company, a Colorado Corporation, to RepublicBank Dallas, National association,
a national banking association, recorded February 21, 1984 in Book 461 at Page 380.
17, Financing Statement from Aspen Development and Construction Company, Debtor,
to RepublicBank Dallas, N.A., Secured Party, recorded February 21, 1984 in Book 461
at Page 389.
I
Appendix B
5080 Road 154
Glenwood Springs, CO 81601
303/945 -7458
ENGINEERING GEOLOGIC RECONNAISSANCE
AND MINE DUMP STUDY
PROPOSED RESIDENTIAL DEVELOPMENT
1.001 CLAIM, UTE AVENUE
ASPEN, COLORADO
Prepared For:
Dale C. Bullough
5960 South DTC Boulevard, Suite 600
Englewood, CO 80111
Attention: Mr. J. R. McIntyre
Casper
Colorado Springs
Denver
Fort Collins
Rock Springs
Salt Lake City
San Antonio
Job No. 4 423 86 November 21, 1986
BIBLIOGRAPHY
FIGURE 1 -
SURFICIAL GEOLOGY
FIGURE 2 -
TABLE OF CONTENTS
al
SCOPE AND PURPOSE OF STUDY
SUMMARY OF TEST PIT PROFILES
PROPOSED DEVELOPMENT
TABLE II -
SUMMARY OF LEAD CONCENTRATION TESTS
SITE CONDITIONS
- SUMMARY OF EP TOXICITY TESTS
GEOLOGIC SETTING
Site Geology
POTENTIAL GEOLOGIC IMPACTS
Snow Avalanches
Potentially Unstable Slopes
Mine Dump
Subsidence Due to Underground Mines
& Associates
Debris Flows
Soil Erosion
Seismicity
MINE WASTE TOXICITY
PRELIMINARY FOUNDATION TYPES
LIMITATIONS
BIBLIOGRAPHY
1
1
3
4
4
5
6
6
6
9
10
FIGURE 1 -
SURFICIAL GEOLOGY
FIGURE 2 -
GRADATION TEST RESULTS
TABLE I -
SUMMARY OF TEST PIT PROFILES
TABLE II -
SUMMARY OF LEAD CONCENTRATION TESTS
TABLE III
- SUMMARY OF EP TOXICITY TESTS
DChen
& Associates
1
1
3
4
4
5
6
6
6
9
10
u
t
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 County, 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
0
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
acces,s- •roar,, 4-We,-assume the_ . structures will be ,wood :.fr.ameK• con
struction and typical of residences in the area. The development
will be serviced by-Aspen municipal water and sewerlines. There
1�are various development configurations being considered for the
access road and the proposed structures. The proposed building
D
DChen &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 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
Chen &Associates
r -3
grasses and brush. A few cottonwood trees grow on the lower
parts of the site near the valley floor.
a
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
Qduring the Pleistocene. Glacial deposits occur at places on the
valley slopes and along the valley floor.
Site Geolog y: 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
0 Chen & Associates
-4
particles. The gravel to boulder sized materials are generally
subrounded. The - glacial deposits are identified by map symbol
Qg-
ti 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
a' 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
e The slopes may be subject to movement due to the
may be needed. p y �
e
Chen &Associates
-5-
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
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
Q found no documentation of major underground mines below the
U property. The property lies to the east of the major areas of
amining 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
f! considered to be low.
aChen &Associates
o _s_
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
-7—
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
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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
Drocedure 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.
Very truly yours,
P /-j CHEN & ASSOCIATES INC.
e y�'.`.ten, (�y,✓' T
15222! :�' By
�:. Ro SP . z
En ineeri g Geologist
0 l• �� ~� `L` and By �� ZJ4
Steven L. Pawlak, P.E.
RS /SLP /ec
cc: Doremus and Wells
Chen & Associates
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BIBLIOGRAPHY
Aspen Times, September 5, 1919, Page 1, Cloudburst Scatters Mud
Over City.
aAspen Times, August 7, 1964, Page 16, Worst Cloudburst in Years
Floods Aspen on August 5.
OBryant, 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.
D
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
a 43.
Mears, Arthur I., 1979, Colorado Snow - Avalanche Area Studies and
a 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
Oof Aspen, Pitkin County, Colorado.
:J
1
1
Chen & Associates
'Na -
-�
U O ={
1p
cc x
-
Sl
ED
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 1/2
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
Pit
2
at
0
- 3'
16,600
Pit
2
at
6
- 9'
5,350
Pit
3
at
0
- 2'
.1,160
Pit
3
at
3
- 5'
391
Pit
4
at
0
- 3'
1,110
Pit
4
at
5
- 8'
213
Pit
5
at
3
- 6'
3,640
Mine Waste
Mine Waste
Natural Soil
Mine Waste
Natural Soil
Mine Waste
Natural Soil
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' - 31
6' - 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.