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HomeMy WebLinkAboutcoa.lu.sp.Aspen Meadows.1992 - -0----111 • ° 655 Montgomery Street Twelfth Floor 4°-Q off/«w - San Francisco,CA 94111 An d g it 415/544-8373 PLM INTERNATIONAL, INC. Telex 415/433-9152 Ci y dl:,?;:- l i i`viayo'S Mice J. Alec Merriam Chairman of the Board ,/ kill �� / 4 April 25, 1991 / ' Mr. Brill Sterling qim,,A, . P. 0. Box 4723 e) Aspen, Colorado 81612 Dear Mr. Sterling: As a resident of Roaring Fork Road I share Evelyn Lauder's concern about the proposed location of the MAA rehearsal facility. Judging from the picture she supplied and the land use plan supplied by her in March, it would appear to me to be only common sense to place the facility in the western-most location away from the residential area along Roaring Fork Road. The western location would not appear to impinge on the on the Physics Center as the distances appear to be quite similar. It would be also less visible by the audience emerging from the main tent. I would hope that common sense and logic would prevail in this matter and the eastern site not be selected. S ' cerely, �Vf J. Alec Merriam J /11g cc: Mrs. Evelyn H. Lauder Estee Lauder Companies 767 Fifth Avenue New York, New York 10153 755 SECO•VENUE, NEW YORK, NEW YORK 110- 1212) 880-0700 C7V5WCYORI(n Bill Stirling P.O. Box 4723 Aspen Colorado 81612 Dear Mr. Mayor As you know I am not an Aspen voter but have spent considerable time here for the past six years and rent a house in The Meadows year-round. There is a very special populist spirit here, a legacy of the old Aspen, that has survived the swarming here of the big business and big money interests. To sacrifice one of the town's oldest traditions --- gathering on the ]awn outside the tent_to picnic and listen to the concert, the music as free as the grass and the sky --- would be to betray that legacy. The great instititions of Aspen are a strong force against those who would like to see Aspen look and feel like Bel-Air or Beverly Hills. But I can- not believe this stretch of land in front of the tent is the only possible site for a new MAA rehearsel hall. I hope you will fight to protect this coveted piece of land and an old lovely tradition and insist that the creative minds involved find another solution. Sinc el,y Gael Greene • • Carolyn S. Bucksbaum 33/1 Thirty-first Street Des Moines, Iowa 503/12 April 28, 1991 Mayor Bill Stirling P.0.Box 4723 Aspen,Co.81612 Dear Mayor: • As you deliberate about what is best for Aspen I encourage you to continue to pay attention to building harmonious relations among the many segments of the community. One of the decisions which awaits this council's final determination, which interests me as a frequent attender at the music festival for twenty years and an Aspen homeowner for the past seventeen,is the location of the proposed MAA rehearsal hall I believe that the arguments for locating it on the west side of the tent considerably outweigh the arguments for an east side location. Factors that influence me to write you are: Lawn listening must be retained! Aspen is unique in the degree of out-door enjoyment for concert festivals anywhere in the world. Also.attending concerts without the cost of tent seating has taught some generations of Aspenites to appreciate the classical music which,it should be recognized, sustains not only our festival,but our entire visitor-oriented summer community. The separation of the tent from its surroundings with its sizable lava and meadow vistas should be vigorously protected. The west location for the rehearsal hall preserves the visual distinction of the tent,the foremost summer landmark of this community since Aspen's post-World War II revival. I believe a location for a new rehearsal hall to the west rather than to the east,would be overwhelmingly in the interests of enjoyment by Aspen residents and visitors.We have stewardship of some of this country's greatest natural beauty with some of its finest cultural offerings. Let's not lose sight of what is most precious! Sincerely, \.< • • MILES L. RUBIN NINTH FLOOR 58 W. 40th STREET i;77,„r� �E„ NEW YORK, NY 10018 .ky. (212) 869-4300 ci al City MfanneuMayoC S Office April 26, 1991 Hon. William Sterling Mayor, City of Aspen 130 South Galena Aspen, Co. 81611 Dear Sir: As a long time participant in the Aspen community, I was amazed and troubled by the recent decision to build an extraordinarily large structure on the eastern lawn of the music tent. Amazed that so important a decision could be taken on virtually a sub rosa basis (without even mention in the (Aspen Daily News) ; troubled that you would move forward with what seems to be a gratuitous insult and rejection of all who look forward to using this site when a ready alternative is available. This is the type of decision that, made in haste, will generate nothing but ill will and which should be rectified before the damge is done. Sincerely, MLR648:bd • cc: Chairman, Aspen Institute Harriet Gold III UNIVERSITY OF CALIFORNIA, LOS ANGELES REC_',E1VED, ;„.......... UCLA BERKELEY • DAVIS • IRVINE • LOS ANGELES • RIVERSIDE • SAN DIEGO • SAN FRANCISCO it 4 r,�Jyo SANTA BARBARA • SANTA CRUZ 4 April 10, 1991 GRADUATE SCHOOL OF ARCHITECTURE AND URBAN PLANNING Bill Poss, Chairman 405 HILGARD AVENUE LOS ANGELES, CALIFORNIA 90024-1467 Historic Preservation Commission FAX 206-5566 Aspen City Hall Aspen, Colorado 81611 Dear Mr. Poss, I am a part time Aspen resident with a home in the West End for over ten years. Our decision to purchase a home in 1980 in the West End, rather than in other areas of the city was predicated on several factors: Accessibility to the City by walking or riding the bus, the sense that this was a unified neighborhood with concerns for its children, low density of house, retention of open p spaces, and, most significantly, a commitment to the historic integrity of the many designated historic landmark structures that had established the West End' s reputation as a very desirable, and essentially, the most charming section of the City of Aspen. Because I have personally been involved with historic preservation projects in my job as Special Projects Director at the UCLA Graduate School of Architecture and Urban Planning, such as the preservation of the Rudolph Schindler house in Los Angeles. I am aware of the mandates of agencies such as The National Trust for Historic Preservation, Historical Societies, and the Department of Parks and Recreations when they are prepared to register a building or park as an historical monument, and am aware of the issues, complexities and responsibilities of the local organizations who have accepted these designations. One surely wants to preserve at any cost, not only the appreciation for this designation, but must demonstrate respect for the property involved for future generations to enjoy and have a full understanding of the architectural and historical significance of the property involved. I am, therefore, extremely distressed to learn about the proposed development of Pioneer Park in the West End on Bleeker Street. I strongly urge the HPC to reconsider, reevaluate and also convince the Aspen City Council members to reinstate the original historical designation of this remarkable piece of property. The City of Aspen residents and the many visitors to the Aspen Community benefit from the grace, beauty and architectural significance of this landmark site. I am seriously concerned if this development is allowed to proceed under any conditions, what other historical designated sites might be endangered through misunderstanding and miscommunication of conflicting interests. For those of us living in the West End, we wish to preserve and protect its character and gentleness. Cordial t riett d Director Special Projec Gol s cc: Mayor Bill Stirling City Council Members • The Prudential Mason & Morse Real Estate 514 East Hyman Avenue Aspen,CO 81611 Bus.(303)925-7000 Fax(303)925-7027 December 17, 1990 Aspen City Council Aspen, Colorado Dear Council Members: I am writing to let you know that as a concerned citizen of the West End and a mother of a small child I share the distress of many of my West End neighbors regarding the proposed MAA rehearsal facility and its impacts on the neighborhood. In the Conceptual SPA Development Plan dated October 22, 1990, pages 22 through 29 are devoted to a description of the proposed addition to the existing music tent and the proposed "rehearsal hall". Until the December 10, 1990 City Council meeting, it was my understanding that a rehearsal hall was all that was needed by the MAA. There was no mention of a performance facility in the October 22, 1990 SPA Plan. At the December 10th meeting, plans were unveiled for an 11,000 square foot rehearsal hall with 500 seats. When questioned about proposed uses, Robert Harth responded by admitting that the facility would really be a rehearsal/performance facility suitable for youth concerts, and other small groups. What had been suspected and feared by West End residents was now out in the open. I believe I understand the necessity for a rehearsal hall. I do not, however, understand the need for a 500 seat performance facility. A facility that large would have major impacts on the West End residential neighborhood in terms of additional auto and bus traffic during more hours of the day for more weeks and months of the year. My concern is that we will begin to see year around events, musical and non-musical, driven by the economic need to keep the facility operating. Millions of dollars will go into its construction and I seriously doubt that the MAA will allow it to remain dark during the winter months. Before the proposed rehearsal/performance facility is allowed to continue any further in the conceptual planning process, I believe a number of critical questions must be asked of the MAA including but not limited to the following: Does the MAA plan to use the rehearsal/performance An Independently Owned and Operated Member of The Prudential Real Estate Affiliates,Inc. • The Prudential i Mason & Morse Real Estate 514 East Hyman Avenue Aspen,CO 81611 Bus. (303)925-7000 Fax(303)925-7027 facility in the winter? Will the facility be available to outside groups? Exactly how does the MAA plan to mitigate the traffic problems generated by a 500 seat rehearsal/performance facility? I respect Harry Teague and the work he has done in the past. With regard to the rehearsal/performance facility, he has an impossible task. There is just no way, in the middle of a flat, open area, to camouflage an 11,000 square foot building with approximately the same interior volume of the Wheeler Opera House. In conclusion, I believe a new performance facility is not within the spirit of the Meadows master plan and does not fall within the parameters of academic activities. The proposed facility is too big and will have too large an impact on the surrounding residential neighborhood. In order for the SPA Development Plan to continue unimpeded at this time, I suggest that the rehearsal hall be eliminated from the SPA plan until such time as it has been more fully analyzed. The size and scope of the project is too massive, the impacts too great, and the unknowns too numerous for the Council to grant conceptual approval at this time. Just as George Stranahan and the Physics Center wish to preserve a circle of serenity, the West End neighborhood wishes to preserve a "territory of tranquility". In my opinion, that will be impossible with a new 500 seat performance facility. Sincerely, Anne Burrows Ibbotson An Independently Owned and Operated Member of The Prudential Real Estate Affiliates,Inc. • MORGAN LEWIS GITHENS 8C AHN, INC. 767 FIFTH AVENUE 6y tr.. NEW YORK,NEW YORK 10153 9 ;�f 0 TELEPHONE (212) 593-3700 t fry v;,ir3g6;f',?„yor's Office TEI.! x l25776 bfLGA TELECOPIER (212) 593-3706 April 9, 1991 The Honorable Bill Stirling Mayor of the City of Aspen P.O. Box 4723 Aspen, CO 81612 Dear Mayor Stirling: I am writing to voice my husband's and my concern and negative reaction to the idea of losing the eastern lawn of the Aspen Music tent. My husband and I, Patrons of the Music Associates of Aspen, have owned a West End home since 1977. We remember with fondness the days of having young children and taking picnics to the concerts. More recently, friends visiting us are charmed by the idea of an Aspen where people sit on the green grass, watch the incredible skies of Colorado and listen to music. Hearing that we may lose this tradition makes me understand how much it means. Likewise, if just the openness of the views towards Red Mountain is preserved in the crowded West End of crowded Aspen, we would all be thankful. Thank you for your time and efforts on behalf of this town. It is a treasure worthy of special care. Please help move the rehearsal space to the western side. Thank you. Sincerely, Mrs. Perry J. Lewis • 531 West Gillespie Aspen, Colorado Aopril 16, 1991 Honorable Members of the City of Aspen City Council and Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Meadows Final SPA Development Plan Dear Honorable Council and Commission Members: I am writing to bring to your attention what I feel are certain deficiences of the Aspen Meadows Final SPA Development Plan. Subsequent to the submission six weeks ago, it became increasingly evident that the Plan was significantly incomplete and it has become necessary to continuously alter it during the Planning Commission review. Because of the many non-compliance aspects, a meaningful evaluation and review of the contents as provided in Chapter 24, Land Use Regulations, of the municipal code has been precluded. The content requirements are precisely called out in Section 7-804 (D) and Sections 7-1004 (D) ( 1 ) and (D) (2) . The City Council in Resolution 2 , Series 1991 , also was explicit in Condition 4 which states "A Subdivision Plat in full compliance with Section 7-1004 D. 1 and D. 2 shall be submitted The Subdivision Plat is one of the most important documents in an application for review. The plat submitted has been called "preliminary" and "a draft" . It shows an incomplete boundary survey, a few subdivided lots, North Street extending from 7th Street to 8th Street, an inaccurate layout of lots along Meadows Road and not much more. The plat shows few of the features outlined in Section 7-1004 (D) ( 1 ) (a) (3) and Section 7-1004 (D) (2) such as sufficient detail to determine whether the proposed subdivision will meet design standards, current survey, existing and proposed contours, location and dimensions of existing streets, easements, drainage areas, utilities, surface improvements, location, size and type of existing vegetation and indication of trees proposed to be removed as well as other items. Additional application contents to be submitted prior to review by City Council are six items not on the final Plat as well as 11 others that should be furnished. • Members of the City Council and Planning and Zoning Commission April 16, 1991 Page 2 The applicant has requested an amendment to the text to include Design Standards, 7-1004 (C) (4) , as a permitted variation. It is difficult to tell from the application what specific variations are requested, however caution must be exercised regarding any exceptions to street standards adopted over many years to ensure road safety and public health. A number of plans in the application utilize old maps and therefore are incomplete and do not reflect present improvements, including L-6, L-8 and the Vicinity Map. It appears the SPA applicaton gives little attention to the adjacent neighborhood areas, specifically along unopened North Street and Meadows Road. Letters of agreement from the property owners regarding proposed changes are necessary before proceeding. Over the past years, the City has been requested by the adjacent property owners on North Street to vacate North Street between 7th and 8th Streets and the north end of 8th Street . This action was deferred until a plan for the Meadows was developed. Now is the time to address North Street so that property owners who only can reach their homes from the alley, have better access. Serious consideration should be given to open North Street at this time. Sheet L-8 of the application shows a proposed spur road to these residences, but it is not clearly defined. On the west side of Meadows Road there are presently six driveways to private homes. Sheet L-6 of the Final Plan shows only four cul-de-sacs and little detail on accessing the six residences and a recently subdivided lot . Other omissions in the Final Plan exist , but the above are sufficient to compromise the project for lack of information. Unless all of the required information is submitted in a Final Plan prior to review as intended in the code, the applicant, adjacent property owners and citizens face difficulties, delays and unnecessary costs. Because of the magnitude and importance of the Aspen Meadows proposal to the community, all documents must be in compliance with the SPA regulations to avoid problems experienced with other city projects. Enclosed for your information are copies of my letters to Planning Director Amy Margerum requesting clarification of specific Land Use Regulations relative to this project . S Members of the City Council and Planning and Zoning Commission April 16, 1991 Page 3 I request the Planning and Zoning Commission require a complete Final SPA submission be presented before any formal action is taken on the Aspen Meadows Final Spa application and that any conditions for approval be carefully reviewed given the lack of satisfactory response to conditions previously set forth in Conceptual Plan approval . Thank you for your consideration of this request . Sincerely. Charles T. Collins • • 4° i Sf t 1� c 1 ..kz* . 531 W. Gillespie . Aspen, Colorado January 25 , 1991 Ms. Amy Margerum • Planning Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re; Land Use Regulations Municipal Code of the City of Aspen • Dear Amy: . I am writing to you to request interpretations of Chapter 2'4 , Land Use Regulations, as provided in Article 11 , Article 9 : NONCONFORMITIES Does. this article allow the transfer, conveyance or subdivision of interest in a nonconforming lot that would create a new nonconforming lot? If such a transfer , conveyance or subdivision can be considered, please cite the enabling section(s) and authorizing procedure (s) . Article 7 , Division 10 : SUBDIVISION • Does this division allow exemptions or exceptions from the terms of this division other than the exemptions listed in Sec . 7-1003? If other exemptions or exceptions can be considered, please cite. what they are and the enabling section(s) and authorizing procedure (s) . Please let me know if you need additional information to complete this request . Thank you very much for your help. Very truly.,. ours, /.i' • 4 • • Charles T . Collins • • Aih ! • 531 W. Gillespie Street Aspen, Colorado March 25 , 1991 • Ms. Amy L . Margerum Planning Director City of Aspen HAND DELIVERED 130 South Galena Street Aspen, Colorado 81611. Re : Aspen Meadows Final SPA Development Plan Dear Amy: In response to questions during the Conceptual SPA Plan review, the applicant repeatedly stated that additional information and details would be forthcoming in the Final SPA Development Plan. • An inspection of the plan reveals that most of the questions were not answered and, in fact, it appears the submission plainly does not meet the requirements established for reviews by the commission and the city council in Sections 7-804 (D) and 7- 1004 (D) of the code, as well as other criteria. • Maps included in the presentation are incomplete , in error and/or out of date with little or no correlation to adjacent public and private properties . In view of these deficiencies and the apparent lack of coordination with surrounding areas, I request that before proceeding with the application, that full and sufficient details of the subdivision be provided for review and evaluation as pointed out in the code . Please call me at 925-2089 if you have any questions regarding this request . Sincerely, • r U/ Charles T. Collins • • • • 531 .West Gillespie Street Aspen, Colorado April 16 , 1991 Ms. Amy Margerum Planning Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re : Aspen Meadows Final SPA Development Plan Dear Amy: This is a request for an additional interpretation of Chapter 24 , Land Use Regulations, as provided for in Article 11 of the code. These items were brought forth only recently after the Final SPA Development Plan had been submitted by the applicant . Article 9 : NONCONFORMITIES (Marqusee) Clarification regarding the conveyance of a property right and construction thereon leaving a nonconforming lot in violation of the dimensional requirements of the code. Article 7 : SUBDIVISION The code requires R.O.W. dedication for all streets. Clarification is requested for the authority or source which permits retaining the new road in private ownership with a public access easement , as this is not an existing road nor one planned for the future. Article 7 : SUBDIVISION An interpretation is asked for ' local ' vs . ' collector ' streets and the qualified party who will evaluate road safety and public health concerns when proposed street designs do not meet the city' s design standards. In the West End, . streets running: north and south to Main and Hallam Streets would generally be considered ' collector ' streets feeding into an arterial route, that is, Highway 82 . Thanks for your assistance,. Please call me at 925-2089 if you have questions. Sincerely "IF Charles, T. Collins LAW OFFICES OF HERBERT S. KLEIN PROFESSIONAL CORPORATION 201 NORTH MILL STREET HERBERT S.KLEIN SUITE 203 ASPEN,COLORADO 81611 RICHARD S.CROFT' (303)926-9700 'also admitted In Florida TELECOPIER(303)926.3977 • March 15, 1991 Honorable Members of the City of Aspen City Council and Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 Re: MAA Rehearsal Facility Dear Honorable Council and Commission Members: I am writing to you on behalf of Evelyn and Leonard Lauder, whose home is located directly east of the Music Tent at the Aspen Meadows. As you are aware, I have participated in your deliberations on the Aspen Meadows Master Plan and more recently the SPA Plan at countless meetings and public hearings over the past year and a half . During the Master Plan process, neighborhood concerns about the use and location of the proposed rehearsal facility were considered. Two alternate sites were identified as the possible location for the rehearsal facility, a "westerly site" and an "easterly site" . The precise site selection was undertaken by City Council at their December 20, 1990 hearing. At that time the easterly site was selected, primarily due to the preference expressed for this site by the Aspen Institute. The MAA had previously expressed a neutral position on the matter and would have accepted either site. It has recently come to our attention that the Aspen Institute' s expression of a,preference for the easterly site was mistaken and unintentional. I have attached a copy of a letter dated March 1, 1991, from David McLaughlin, President of the Institute addressed to Mayor Wm. Stirling. The letter indicates that the " . . . Institute will accept either an eastern location or a western location. . . " and further states: "Since this subject will be reviewed again in the coming months, I wanted to clarify our position on this matter for you and others in the approval process. " On March 13, 1991, the Historic Preservation Commission (HPC) reviewed the building design and siting for the rehearsal facility and unanimously expressed their strong preference for the westerly location (a copy of the Aspen Times, March 14, 1991, article on this is attached) . In order to assist the MAA in avoiding conflicting directives as to the site, the HPC has requested a • Members of the City Council and Planning and Zoning Commission March 15, 1991 Page 2 joint work session with both of your boards to reach a consensus upon which the applicant can rely. As a participant in this process, I am gratified that the location for this facility will finally be addressed in a focused and deliberate manner. In prior meetings, other Meadows issues of great concern and debate dominated the time and energy of all concerned and detracted from the serious analysis of the implications of the rehearsal facility site selection. Although this issue was part of the masterplan from the start, it was decided in a perfunctory manner at the end of the process. In addition, as revealed by the HPC members comments, they were under the impression that in the early stages of the process a decision been made to select the easterly had n ma y site and that it was a "fait accompli" . One HPC member described an attempt to urge consideration of the westerly site only to be told by staff that it was not going to happen. Perhaps this was the result of the preference expressed by the Aspen Institute for the easterly site. The Institute now acknowledges that this preference was mistaken and unfortunate. In our view, there are elements of the process to date that are flawed, tainted and suspect. Clearly, the neighborhood and HPC have very strong preferences for the westerly site. The MAA and the Institute will accept either site and are not expressing a preference. To date, no one has come forward with a compelling argument for the easterly site. So, one has to ask, why are we in this battle? The work session will provide an opportunity for you to revisit this issue and, hopefully, put it to rest. I would like to briefly state some of our concerns in order to help you focus on these during your deliberations. It is undisputed that the easterly site will have significant and disruptive impacts on the historic visual perspective of the music tent, the tradition of lawn seating for afternoon concerts and views from the tent towards Aspen Mountain and Independence Pass. In addition, this site externalizes these impacts onto the surrounding neighborhood. The Rehearsal Facility is a significant building both in size and function and is comparable to placing a building the size of the Wheeler Opera House in front of the Music Tent. The westerly site will allow the continued use of the lawn seating areas, protect views of the tent and permit the added amenities of the Rehearsal Facility to exist in harmony with the Music Tent traditions rather than destroying them. • • Members of the City Council and Planning and Zoning Commission March 15, 1991 Page 3 • DISADVANTAGES OF THE EASTERLY SITE. A. LOSS OF MUSIC TENT HISTORIC CHARACTER. The Music Tent is the primary historic feature of the property as well as an Aspen landmark recognized around the world. The easterly placement of the Rehearsal Facility will obscure the view of the tent and radically change the experience of its unique placement surrounded by open meadows. The tent will become cramped between this new facility and the elevated berming proposed to its west. The tent will become a secondary structure and its historic character severely diminished. B. LOSS OF HISTORIC LAWN SEATING. The placement of the Rehearsal Facility on the east side of the tent will eliminate the lawn seating that has become an Aspen tradition for forty years. The community' s use of this space is a historic cultural resource and its loss will not be mitigated by the "bleacher berms" proposed to be constructed to the west of the tent. The outdoor music experience will become formalized and focused instead of its historically unstructured ambiance where the listener can commune with nature and allow his imagination to wander along with the music. C. LOSS OF HISTORIC OPEN SPACE. The perimeter open space is the most valuable area around the tent. It serves as a visual buffer to the Meadows facilities and affords a scenic view of the low profile music tent and its natural surroundings. The placement of the rehearsal facility at the easterly side of the tent will expand the visual massing of the Meadows Property into this valuable open space. D. TRAFFIC AND CIRCULATION. The main parking lot which is proposed to be expanded accessing off Gillespie Street will better serve the westerly location. The easterly site will draw traffic around the perimeter of the Meadows and cause conflicts with the Paepcke Auditorium and the Institute parking lot as well as cause additional congestion on Roaring Fork Road. More of this traffic could be served from the Gillespie Street lot if the building did not appear to be easily accessed from Roaring Fork Road. • Members of the City Council and Planning and Zoning Commission March 15, 1991 Page 4 E. PEDESTRIAN TRAFFIC FLOW. There seems to be a narrow space between the berm of the tent where the new seating is proposed and start of the berm of the rehearsal facility. Cramping and crowding may result in the flow of pedestrians from the easterly exit of the tent towards the direction of the parking lot which will result in delays. Pedestrian flow from the southwesterly parking lot will have to cross over the little remaining open space in front of the tent in order to access the rehearsal facility, thus further diminishing its usefulness. F. EXTERNALIZED IMPACTS. The easterly site is on the perimeter of the Meadows Property directly across from residential uses. The adverse impacts of this site will directly affect these residences thus externalizing these impacts onto the neighborhood. BENEFITS OF WESTERLY SITE. A. INTERNALIZES IMPACTS AND REPRESENTS THE "LEAST CHANGE" . The westerly site internalizes impacts from the development and thus minimizes adverse effects on neighboring properties. The westerly site also better serves the goal of maintaining the open space environment by protecting the perimeter open space areas and maintains the integrated campus setting of the , property. The westerly site represents the "least change" of the historic uses and visual character of the Music Tent. This site best serves the project and the surrounding neighborhood. B. TOPOGRAPHIC ADVANTAGES. The terrain at the westerly site will better accommodate below grade access and effective berming of the building. The easterly site is flat and no matter how creative the landscaping plan may be, it will not mitigate or disguise the building mass. C. OPEN SPACE PRESERVED. The foreground of the music tent will not be infringed upon by the westerly site and the open perimeter to the east of the Music Tent will be preserved for lawn seatings. The traditional "feel" of the Meadows will be preserved by the westerly site. Although • Members of the City Council and Planning and Zoning Commission March 15, 1991 Page 5 the westerly site will use land that has not been previously developed, this "internal open space" 'is less desirable to maintain from a community standpoint than the very valuable easterly, perimeter open space. For all of the foregoing reasons, we strongly urge you to approve the westerly site for this facility. It is our understanding that the MAA and the Aspen Institute will accept the westerly location and that there are no other interests advocating the easterly site. Given the potential for significant adverse impacts on the historic resources of the property and the neighborhood from the easterly site, we believe that the westerly site is the best choice and will satisfy the concerns of all the involved participants in the Meadow' s planning efforts. Thank you very much for your interest in this matter of great community concern. Very truly yours, HERBERT S. KLEIN PROFESSIONAL CORPORATION By: -f>1,k- J-X �. KP�r::� (: iii ) Herbert S. Klein \lauder\09 . 1 • April 29, 1991 TO: The Aspen City Council We, a group of staff members of the Aspen Art Museum, wish to go on record asking the Music Associates of Aspen to relocate the rehearsal hall (currently proposed for construction on the east side of the Music Tent) to a location on the west of the tent. As long-time residents of the community, we regularly attend MAA concerts and frequently enjoy the lawn seating currently available. In fact, it is often the choice made in preference to tent seating on a warm, sunny afternoon. We support keeping this Aspen tradition and having the MAA utilize the western site for adequate rehearsal space. We would like to explain that our position is in no way an official policy statement of the Aspen Art Museum, but is, instead, a deeply felt position of each of the staff members signed below. 0,410,,_ 're-_,(zA_6'm vce:C6/-, /1/ - 74/6....)16,„5 h (77— • s- y GROSS INVESTMENTS JENARD M.GROSS April 9, 1991 P� k0 23 1991 Oily ✓an4r �4r�14"Yor 9 Office Mayor Bill Stirling P. 0. Box 4723 Aspen, Colorado 81612 Bear Mayor Stirling: I am writing you regarding the matter of the location of the rehersal facility as part of the master plan for the Aspen Meadows. It is my understanding that this 11 ,000 square foot building is to be built adjacent to the tent at Aspen Meadows. It is also my understanding that both the Aspen Institute and the MAA are neutral as to where the rehersal hall is located, but through some miscommunication, apparently it was decided to be located on the east side of the tent. It seems to me that it would be more aesthetically desirable, and more beneficial to the community, if it were located on the west side. I think that a lot of people have always enjoyed the picnicing and the concerts from the east side of the tent, and I think it would have a very negative impact on the enjoyment of the Aspen Music Festival to put the rehersal hall on the east. In view of this, I would respectfully request that you place the rehersal hall on the west when the matter comes up for a vote. Thanking you very much, I remain ours truly, / '70 „ j),4 -72 • to enard M> Gross JMG/mgs 2700 POST OAK BOULEVARD•SUITE 1 670•HOUSTON,TEXAS 77056•A/C 713-627-3330 4 — 2 9 — 9 1 M O N• 1 0 3 5 D E N A K P _ 01 dr-16 • �J v� J 1 • ~ • • RECEIVED ANt City Manager/Mayor's Office (ilei );14 C'21 To Bill Stirling From: Dena Kaye Dear Bill- . As I sit in New York among our famous canyons of steel , I am counting the weeks until summer in Aspen begins . I spend a good ' part of the year in Aspen, but summer has my heart . And in telling people what makes Aspen so ,special , in the face of all the glitz-focused publicity we seem to get during winter, I' tell them about Sunday morning rehearsals when I sit on the lawn outside the tent with muffins from the Main Street bakery, and listen my cares away. I tell them about afternoon concerts when you can arrive wonderfully sweaty from biking up the Bells, or just walking the Rio Grande Trail , and cool off on the lawn with a lemonade--and listen to beautiful music. I am distressed that the proposed MAA rehearsal hall would deny all of us one of summer 's greatest pleasures. And what makes music affordable to much of the community. I fervently hope you and the council will explore all the other options for the site of the rehearsal hall . Best , • • • • • 3711 WILLOWICK ROAD HOUSTON, TEXAS 77019 City wrar ,yes Office April 18, 1991 Aspen City Council Planning and Zoning Commission 130 South Galena Aspen, Colorado 81611 Dear Sirs, We wish to add our support to the request of Mr. and Mrs.Leonard Lauder that your consideration of the proposed rehearsal tent be directed towards the alternate westerly site. We understand that your current considerations are deadlocked on this issue. We can only hope that you will remember those wonderful summer days and nights when hundreds of families have the opportunity to enjoy the grassy lawn of the Aspen meadows and the wonderful musical opportunities which Aspen is famous for. We urge your serious consideration of this matter and hope you will vote for the western site alternative. Sincerely, "7:A A t Frank and Sharon Lorenzo 100 Alpine Lane Snow Mass Village, Colorado 81615 FAL:rc • 11111uiii ° °°: °ny���.iii THE UNIPERSITY OF CHICAGO ...""'...,-'. DEPARTMENT OF SURGERY ', ', CARDIAC SURGERY 5841 MARYLAND AVENUE • CHICAGO , ILLINOIS 60637 (312 ) 702-2500 ROBERT B.KARP,M.D. Professor of Surgery, Chief, Cardiac Surgery April 17, 1991 Mr. Bill Stirling Aspen City Council P. O. Box 4723 Aspen, CO 81612 Dear Mr. Stirling: My wife, Soni, and I are long time owners of property in Aspen. We are writing at this time to request that the rehearsal hall which is slated to be built on the east side of the music tent be be built instead on the west side. The east side has historically been an area for families to gather with their children and others who have enjoyed relaxing on this area and listening to the music. It would be unfortunate to deprive the residents of this very pleasant spot for recreation. Please reconsider the plan so that residents may continue to enjoy this area as they have in the past. • Sincerely, Robert B. arp, M. D. Professor of Surgery Chief of Cardiac Surgery RBK: ms • ORUCE KONHEIM • • March 20, 1991 Bill Sterling Box 4723 Aspen, CO. 81612 Subject: MAA Rehersal Facility Dear Bill, It has come to my attention that the MAA rehersal facility is tentatively approved to be built on the easterly portion of the MAA property. I further understand that this facility could be placed on the westerly side of the MAA tent area. As a property owner and one who has been involved with real estate development for over 30 years, I have listed some of my thoughts on this matter for your consideration. If built as proposed, we will lose the beautiful open lawn area enjoyed by hundred of Aspenites each week during the Music festival. Why would you want to crowd that portion of the property. I could understand the rational if this was in a high density area in a major metropolitan city. The area to the west of the MAA tent is far better because of the openness that exists there. The facility would be designed to blend into the landscaping and be far more appreciated throughout the community. I know the Historic Preservation Commission, the adjacent neighbors to the east, many supporters of MAA, the Institute and the community, favors the facility being built on the westerly location. Since the location of the MAA facility is not cast in stone and they would be happy in either location, please support the site west of the MAA tent. Thank you for your cooperation and consideration. Sincere , Bru e Konhei P.O. BOX 580, ASPEN, CO. 81612 (303) 925-2259 UNIVERSITY OF ALIFORNIA LOS ANGELES • UCLA ' BERKELEY DAVIS DA •IRVINE•LOS ANGELES \O SANTA BARBARA•SANTA CRUZ RIVERSIDE•SAN DIEGO•SAN FRANCISCO .j GRADUATE SCHOOL OF ARCHITECTURE AND URBAN PLANNING LOS ANGELES,CALIFORNIA 90029 April 16 , 1991 Mr Bill Stirling,Mayor Stirling Homes, Inc. 600 East Main Street Aspen, Colorado 81611 Dear Mayor Stirling, I am enclosing this letter dated April 2 , 1991 which was returned to me with an incorrect address . I am sorry for the delay, and anticipate your interest and concern for this matter will not have suffered with this delay. Cordially, Harriett G ld Director of Special Projects encl. • UNIVERSITY OF CALIFORNIA, LOS ANGELES UCLA 1111.%-,; BERKELEY • DAVIS • IRVINE • LOS ANGELES • RIVERSIDE • SAN DIEGO • SAN FRANCISCO t's,,' Q),2;` SANTA BARBARA • SANTA CRUZ GRADUATE SCHOOL OF ARCHITECTURE AND URBAN PLANNING 405 HILGARD AVENUE April 2, 1991 LOS ANGELES,CALIFORNIA 90024-1467 FAX(213)206-5566 Mr. Bill Stirling, Mayor P. O. Box 4723 Aspen, Colorado 81612 Dear Mayor Stirling, As part-time residents with a home in the West End of Aspen for ten years, one of our family's favorite summer pleasures is attending the concerts in the Music Tent. Sunday afternoon concerts, as we all know, offers an additional rare opportunity of listening to the concerts on the lawn just east of the Music Tent, for local residents, tourists and their families, and surely for music students. In addition, as a member of the architecture and design community, I have attended the Design Conference in June, and have marveled at the construction of sand castles and other design related activities surrounding the exterior of the Music Tent. The combination of the music, the majestic beauty of Independence Pass and Mount Sopris, the children with their dogs romping on the lawn is a visual experience I recall several times during the year, with the anticipation of repeating this spiritual and magical moment each summer. I am therefore extremely distressed to learn that there is a proposed project for the construction of a rehearsal hall on this remarkable easterly site. Because of our part-time residence, we are not always aware of local projects that surely affect the entire Aspen community, however, we do have a long and dedicated commitment to the health, future, and spirit of Aspen, and therefore, I do wish to comment on this project. I have received and reviewed completely the drawings, correspondence, and newspaper articles, and would urge the AI and MAA to only consider the westerly site for the rehearsal hall. I do understand through their correspondence that the westerly site would not adversely impact the Aspen Meadows or surrounding buildings. And, I am of course, in total agreement with the HPC regarding their preference and reasons for the westerly site. The Graduate School of Architecture and Urban Planning, where I have worked for 16 years, and have been privileged to learn from our faculty of architects, urban planners, and environmentalists whose main concerns are the environment, clean air, low density, open green spaces whenever and wherever possible, and most significantly for our subject, the preservation of historical land mass for its original use. Obviously, this proposed project is very disturbing and troubling to those of us who are totally committed to these issues. • • Aspen remains a haven for those of us living in large urban areas where we are constantly frustrated by lack of interest or concern by our legislators for these issues. It is our hope that a subject such as the respect and concern for the beauty and serenity of this historical site is one that the Aspen City Council, the Mayor, and the Planning and Zoning Commission Members will reevaluate and reconsider for the future of the Aspen Community and its visitors. Cordially, Harriett Gold Director of Special Projects • • Nevus America Publishing INCORPORATED 1211 Avenue of the Americas, New York , NY 10036 • (212) 852-7000 • RECE /ED Anna M. Murdoch b 'ui April 4, 1991. APR Director City Manager/Mayor's Office • • Mayor William Stirling City Hall 130 South Galena Aspen, Colorado 81611 Dear Bill : One of my most pleasant memories of the last two summers has been sitting on the lawn outside the Music Tent, • • listening to a concert in the twilight. Evelyn Lauder has recently made me aware that this may not be available to future residents•of Aspen if the plan for the rehearsal facility goes through as proposed. I ask you to please reconsider the placement of this building, in order to conserve one of Aspen' s unique features. Yours sincerely, AM.PM cc: .Mrs. Evelyn H. Lauder • • • • CARL'S PHARMACY P. O. BOX 1365 *, ASPEN, COLORADO 81612 TELEPHONE 925-3273 Oho,. March 27, 1991 Mr. Bill Stirling, Mayor City of Aspen P. 0. Box 4723 Aspen, Colorado 81612 Dear Bill: It has come to our attention that the final determination of the rehearsal hall position on the Meadows property will soon be decided by the City Council in the very near future. We would like to go on record as favoring the Western Site rather than putting this large structure on the Eastern Site and thus removing all of the outside seating around the tent. Our employees and friends for years have so enjoyed the privilege of hearing the concerts seated on the grass outdoors, and we feel this would deprive them of yet another special benefit. Consequently, we would appreciate your passing this on to the other members of the Council for consideration in making this decision. Sincerel , Carl` R. and Kati Bergman Owners • • 3711 WILLOWICK ROAD HOUSTON, TEXAS 77019 9 !Y„'„' EF\!ED April 3, 1991 b City Mac ageFIMi yer's Office Honorable Members of the Aspen City Council and Planning & Zoning Commission 130 South Galena Street Aspen, Colorado 81611 Re: MAA Rehearsal Facility Dear Honorable Council and Commission Members: We wish to express our support for your deliberations on the Aspen Meadows Master Plan and the selection of the westerly site for the rehearsal facility. As homeowners in Snowmass Village, we repeatedly enjoy sitting on the lawn for the afternoon concerts and feel that the entire Aspen family of participants is united in its earnest concern for preserving this tradition. We thank you for your serious consideration of this matter. Sincerely, 4/4-4.--k. C:16-1-4-4(cl") Sharon .& Frank Lorenzo 100 Alpine Lane Snowmass Village, CO 81615 • R.EiV D APR 6 1:;91 Edward A. Goldstein 416 Comstock Avenue cih'Manager/Mayor's Office Los Angeles California 90024 April 3rd, 1991 Honorable Members of the City of Aspen Council and Planning and Zoning Com mission 130 South Galena Street Aspen, Colorado 81611 Re: M A A Rehersal Facility Dear Honorable Council and Commission Members I own a home on Roaring Fork Road, of which I am a frequent occupant, spending usually about 3 months in the sum mer, with occassional other stays. As such I was extremely interested (and concerned) upon reading a copy of Herbert Klein's letter to you dated March 15th, 1991. While I completely concur with Mr. Klein's thoughts and excellent review of the matter I will not belabor you with a repitition of them. Rather I would like to stress just one point The entire present ambiance of the annual concert season (which is the major factor in Aspen's attraction for me as well as many, many more casual visitors) i ' of a piece. The proposed siting of the rehearsal facility would most assuredly degrade that ambiance, making the attraction much less compelling. On the contrary, the alternative western location would only minimally dilute the present wholly delightful situation and would have the further advantage of providing a superior facility for the MAA. In view of the foregoing I strongly believe that any delays or other drawbacks that might result from adjusting to the western location would be more than compensated for by the end result I appreciate your having taken the time to read this and hope that my thoughts will be considered when you render your decision on the matter. Thank you. Sincerely yours, . .v..\: ______ \I \ *.---- Edward A. Goldstein ■ „_ • • l'ail 5,30 W., FRANOS. STREET ASPEN, CO 8 I itf I RECEIVED 1\1-arch 2.2, t 99 i MAR 2 2 291 City Manager/Mayors Office , . • NikTh:le. .S CqP: th.t:'. C.TCy COUI1Cii ATC , Pileriitic-is c the City Cotiocii: There are many things that rrialze Asne1 special and different from the orner availaile rc:,ort:l. The most important of these are, the Aspen iti,3tiiiite-, and the Aspen K35ie Festivai. One of the delights of slimmer ir! Aspen is the informal aspect ot- concerts at the Music Tem. Lying on the lawn, lishming to T:407art while colorful hang-gliders deck. Shadow Modntirlid is IP.tal bli:. . .,- We are writing to urge that the proposed loci-3160n of the Retiedrsal t-lail to the east of the,'fent be changed to the west !minion, pre3eiving the traditicin:,,d use of the lawn and the view to the L11 .. ttuiii, ' . - .-- 0—',- --/ .... , ' L'AI v,-,.,-ii, R. iki./.11,0n_ri% . - . , - - / • mi i'-, ifuthon 1110.,Lir/vc,' . • • IMMIEMM.11111111111........11111111....1111 / - : - - - - ri eLa z- -- -• . ..-- -7- i T , 0 .T • -!. : -4 . Fl :• f-: . .: ': ' '''' ''''"'-' . : v •-_ ;, • ,:- .- . • .. . • •• . . • --- - '• 4 . ,„. Hand eleilvered, eolArteey of Ann and Ed FhAsr-xa , • Eqcl ;71. „ 11j,9i RECF NED MAR 22 291 Membery il:S the CI:Gy OcienQil Cciorado . City Manager/Mayor's Office Dear Member of tht!,', City ..;cluncil 1 afn writing you cenoernins tie proponed eite, ,.:)-E tha rehearsaY ball for the 11.us. Aseociation oi Aeven i vAnderatand there io e. meeting, on March 'a to dieoue,e the al,,:K;t, I wcyuld lIke to ohare eome o,f: my views and conc;erhe with yel.;., al.::out the quality of m.,ualc in Lopon eond. the open apace on the east -tire. , My children and 1 have epert many enchanted hcruro over tae y ..es enjoying the MiaBie on tbe lawn on the east aide of the tent . The environment for children provided by the open it-LWo 41.9 they bear gloricue MU51Q from the tent in the fr&e&-ydr of tno ' out end in the view of the i,teuntaina la one of the v,37,7y epectal aspect of life In Aepen, and. one ot the reaeone for m& strong support for the music over the yeara. Az you Know, tnie surritroor plea.sUre Itterally • raw olancis cd:' visitorc,' to Ael,) , each yerir. In addition, it give* prcotound pleaoure to , pen and valley reaidents. Lietening to the music oul;e3Aio in that fanih.‘cn hae truly been & enriching eaperie,noe for me and my children and I '?y1 6ure Many ()there feel the i5a.ms TAiey I For thoee reaeona, I Urge you to re(,)oneioeh, conatraction of a rhearsal hall in thclat specific area. Perhaps tbo wete4,1y Cite would be leos in:vaeive of 6reen epacn,„ It milsht he roore trouble to roaLleee,ta. X vander3tncl- But if we ecnitite',,, the qua3ity of life in Aspen our firot pr0rity, a little me trout,l 'e and a. little more time in reaching tne decimic,n is certainly worth it. 1 personally love tha tent, a-nd woruld h.4.1,:,,e to aee a reheareal hall au.pereace : It aa the eventual crAmmer mieic . Nevrthelee, if a reheart,--6a1 hail :Le deemed neceeq,i3ary let -s consider whore it ehould go to least al! ect the beauty of the earroundipga:, and be ieaet invasive of P1.-eciou2 open apaoee, In conclusicn, I write on behalf of more diFovkElsion and ,judioioue zon0A.deration of the constrction of the rahearal hall , To my way of thinking., t:tw vesterly site eeeme a much eee inveive ,v,ea to locate the h,.! lj and 6::.1 a reeo,11-., a beT,ts'c Acn. ,-- - , / , y ,/, : , 1&.c.,a I i ...-' g, • RECE VED e 6�. ,.r 7 t � t_., April 8, 1991 r 7 3 suwi City MManager/Mayor's Office Honorable Members of the City of Aspen City Council and Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 Re: MAA Rehearsal Facility Dear Honorable Council and Commission Members: I am writing this letter as a concerned Aspen resident. When I heard the rehearsal facility was going to be built East of the music tent I was deeply upset. Aspen has lost so many of its wonderful traditions to growth that the thought of another one being taken away was more than I could fathom. There seems to be some misunderstanding that the Aspen Institute was supporting the easterly location. In actuality, the. Aspen Institute and MAA are neutral as to the East or West locations , and that the original preference for the easterly site by the Aspen Institute was a mistake. The Institute, in a letter from David McLaughin to Mayor Wm. Stirling, stated that it would accept either an eastern or western location. There are two issues that need to be addressed in the decision of locating the rehearsal hall , the visual impact and the human impact. I will address each individually . Visual Impact If the rehearsal hall is located on the Easterly site , we will lose the visual effect of the music tent sitting in the meadow drawing people to its architecturally interesting design , I am assuming that the majority of the people attending the music enter from third street . This vision of the music tent has been with us for over forty years. We would also lose the view of Independence pass from the tent , which to many people is considered quite spectacular. The visual loss from the westerly site would be the open space of the meadow on the west. Our visual loss of the Pitkin Green houses and the ridges are not quite as spectacular as Independence Pass. i V • Honorable Council April 8, 1991 Page Two Human Impact The lawn seating has been an Aspen tradition for over thirty years and offers a wonderful experience not just for a select few but for all. By locating the site on the easterly side, we would be limiting both the size of the outdoor seating and the ability of the parents to bring their small children with them to the music tent. On many an afternoon you will see parents with babies and toddler children picnicking and listening to the music. Now a parent can sit comfortably , listen to music and the children can listen or play. The children' s play takes place further from the music tent toward the parking lot and the noise is absorbed out in the open space. If the easterly site is chosen, there will now be a berm around the building which would require the children to play out of sight of their parents on the other side of the berm. This creates an impossible situation for a conscientious parent who wishes to listen to music but do not like their young children out of their sight. If parents did let their children play between the music tent and the rehearsal hall, it appears that the noise would reverberate off the rehearsal hall and impact the tent patrons. The westerly location of the rehearsal hall would have little or no impact on the people attending the music outside of the tent . We moved to Aspen to raise our family in this magnificent area because of the opportunities to enjoy nature, culture, sports and an incomparable lifestyle. Don' t deny valley residents the chance to hear music , picnic and view the surrounding mountains . I have a 3 year old son who has an opportunity, like other children in our area, to enjoy and learn from this unique atmosphere. Our children are the MAA ' s future musicians and future music patrons, let ' s not stop giving our children and residents of the Aspen valley opportunities forsaken in other communities. 4 • 410 Honorable Council April 8 , 1991 Page Three Since there are no strong adverse impacts with the westerly location we strongly urge you to approve the westerly site as the best choice for the rehearsal facilities. As I do not have all the facts , there may be some financial reasons for locating on one site or another. The building of the rehearsal hall , should be reviewed and approved as any other developer bringing a project before the city. In most of those cases you have forced the developer to spend additional monies in their planning and construction costs by forcing them to locate and build in a manner to protect the view planes , the visual impacts and the traffic patterns. Don ' t let up now. Thank you for your consideration in this very important matter. Sinc :rely , ,l. -7 V Lu Sam and Heidi Houston cc : Historical Preservation Society Aspen Planning and Zoning Commission Members Aspen Times • • • 6" 11W Se CHARLES B. ISRAEL President March 25, 1991 Mr. Bill Stirling, Mayor P.O. Box 4723 Aspen, Colorado 81612 Dear Mr. Mayor: For the seventeen years I have lived in Aspen, I have been a sponsor of the Aspen Music Festival. I attend various performances every year, but since having lived on Roaring Fork Road some years ago, I have come to know and enjoy picnics on the lawn during many of the concerts with hundreds of other locals. Plans to locate a rehearsal facility on "our picnic area" when other space is available on the west sided of the tent is only another 'attempt by P&Z, as well as our city council, to adversely impact the "quality of life' we all came to Aspen to enjoy. Put the rehearsal facility where it should be and do not ruin our Sunday concert pleasures by some ridiculous decision made without consideration to the wishes of the community. Sincerely, dale'? . Charles B. Israel President • 534 E. HYMAN AVE. • P.O. BOX 3677 • ASPEN, COLORADO 81612 • 303/925-6700 • i SUITE 2000 1900 AVENUE OF THE STARS LOS ANGELES, CALIFORNIA 90067 ...T�-a^r.:.�t�I/`,,'•,'�'9�ryy ,e ti ,..F/... 'k L.bJ p,i' 9 1 ::4i City i`a1an geriMayor's Office April 5, 1991 Dear Council Members: My wife and .I are dismayed at the news of ,a proposed rehearsal facility on the site of the Aspen Meadows, east of the Music Tent. While we heartily endorse a needed rehearsal facility, we strongly question the wisdom of the proposed easterly location. One of the great joys of summer participation in the Music Festival in the use of the vast green area for families to enjoy the music outdoors. "Blanket listening" includes individuals and families who might not find indoor seating affordable and alleviates congestion in the tent for many popular concerts. The sheer pleasure of listening to music outdoors, visiting with friends during intermission and enjoying the beautiful vistas are all part of the Music Festival experience. Many people would be deprived of these wonderful experiences if the rehearsal hall is built on the eastern side of the Music Tent. My wife and I are Aspen homeowners. We are involved with the Aspen Institute and are regular participants in the concert programs. There is nothing like the summer Music Festival. We agree with the need for a new rehearsal space, but please, build it on the westerly side of the Music Tent. Sin re1lyy,, V \ ( 1S/V'''' Arthur N. Greenberg Honorable Members of the City Council . City of Aspen 130 South Galena Street Aspen, Colorado 81611 9991000000-51804.101 • Clifford & Janet Dossigny March 22, 1991 P . O. Box 2657 Aspen, Colorado 81612 Bill Stirling, Mayor P . O. Box 4723 Aspen, Colorado 81612 Dear Mayor Stirling, We are concerned about the site of the new MAA rehearsal building . We agree that the building is needed, and we appreciate its attractive design with much of it underground, minimizing its impact. We hope you will choose the westerly location for it. Over the years when we have sat outside for concerts , we have enjoyed a lovely combination of pleasant sensations, such as : - hearing the music we are fortunate enough to have here each year; - seeing the beauty of our nearby mountains, especially toward Independence Pass; - relaxing in the park-like surroundings, feeling the grass , leaning against a tree, feeling the breeze; - greeting friends , neighbors, and people we don't know yet, and sharing a sense of tranquility and enjoyment of all of the above pleasures . We know there are other concerns besides ours relating to the easterly location, and the loss of the outside surroundings as they are today is the concern affecting us the most. Please take this , and other concerns, into consideration when choosing the location of the rehearsal building. Please choose the westerly location; don't replace what we currently have with bleacher-berm seating and a view of the tent. Thank you very much for your attention to this . Yours very truly, ?1A-airircz?1 Clifford Dossigny Janet Dossigny The As Institute David T.McLaughlin 4BY�,.,� _ T C't'MMa r v'�y`�rs.a iici President March 1, 1991 Mayor William Stirling City Hall 130 South Galena Aspen, Colorado 81611 Dear Bill: One of our Trustees has raised concerns about the position of The Aspen Institute concerning the location of the MAA proposed rehearsal hall facility. The placement of this facility has been the subject of preliminary review at HPC, P&Z and the Council. In the review proceedings, I have consistently stated that the Institute will accept either an eastern location or a western location and that the final decision should be based on MAA's operational needs and on Council's preference. Our position is unchanged. Our primary interest has been to support MAA's requirement for such a facility in a design form that meets their operating needs. I understand that in one of the P&Z meetings on this issue, the Institute was represented as having a preference for a western location. The matter of our possible preference should not even be considered since the decision should be made based on community interest and MAA's needs. Either site is acceptable to the Institute. Since this subject will be reviewed again in the coming months, I wanted to clarify our position on this matter for you and others in the approval process. ar•� David T. McLaughlin • P.O.Box 222, Queenstown, MD 21658• (301) 820-5426•FAX(301)827-9182 Washington DC Office: 1333 New Hampshire Avenue,NW,Washington,DC 20036 (202)466-6410 FAX(202)467-0790 • Attachment "E" MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer 0 Date: May 23 , 1991 Re: Meadows - Intersection Design of 7th & North Attached please find a letter and drawing of an intersection that the traffic and transportation engineer would be able to approve with one stop sign only. (I called, and he merely forgot to remove the other two indicated signs from the original drawing on which he overlaid the new alignment. ) It is my recommendation that the modified alignment be adopted in order for the intersection to perform well as a through route to and from the Meadows. This will reduce the number of stop signs, the number of vehicles stopping, the amount of noise from trucks accelerating from a standstill, and the amount of air pollution g p from increased exhaust emissions. If the traffic and transportation expert is unable to approve a single stop sign on the current "T" intersection, it is questionable if a city engineer would be able to do so either. As to Bob Felsburg's discussions of cuts and fills, and grades and site conditions, much of the bottom line on those considerations is economic, and the words "least cost" are implied in the discussion. That is, more favorable results can be realized but at greater expense. cc: Bob Gish, Public Works Director Amy Margerum, Planning Director cr/M91. 134 MAY 17 ' 91 10: 42 PAGE . 002 • FELSBURG y ^ R` HOLT & " 1 ,.r U L L E V I G I May 17, 1991 MEMORANDUM TO: Chuck Roth, P.E. Aspen City Engineer FROM: Bob Felsburg SUBJECT: seventh Street/Meadows Road Intersection FHU Reference No. 90-076 In response to your telephone call of yesterday, attached is a copy of the conceptual alternative layout of the Seventh Street/Meadows Road intersection which you requested. This is a horizontal layout only and does not. include the vertical profile, which is available from A.J. Zabbia. As we discussed, this concept would have the benefit of pro- viding continuous movement from Seventh Street to Meadows Road,- with a single STOP sign on North Street. However, this alternative also has a number of drawbacks: o It potentially would require the destruction of addition- al trees. o The grade on the resulting road would be 8 percent. o Cut and fill would be significant. The fill height in the vicinity of the eastern single family lot would be as high as 5-6 feet. This fill would extend 15-20 feet into the lot. In addition to the visual impacts of this cut and fill, the amount of fill will also make it difficult to access the eastern lot from Meadows Road. o To minimize these impacts of the fill, . it would be neces- sary to move the eastern lot (and possibly the lot next to it) an additional 20 feet into the open space of the race track. Specializing in Transportation • and Civil Engineering 5299 DTC Boulevard•Suite 400 Englewood.Colorado 80111 .(303)721-1440 M.AY 17 ' 91 10: 43 PAGE . 003 May 17, 1991 Memorandum to Chuck Roth Page 2 Given the many criteria desired by P&Z and City staff at the. beginning of the process, this alternative does not seem to provide the best balance of all considerations. If you have any further questions, please feel free to call. RWF/co • • . ' • , r t.,,% t<3't.. \ \ :, :A.:*t'.. 2 .‘., ',7, \ ...„..„......._____________„/ \ "'s'.;'..:': ..: .:;':•‘;:.•:;:i.;-.i, '\ 1 / ��•.:l: ::. .�•��L. +~ 'vim/ ., ,,,. 1 �" • .`�rfl�v1..,: �•.},h,.,I.i; �$� • n•::.+. ''." •' _ • \ • • ,..w... `�}1'T^rl :+.,5/_ -o:u.r•�' ` �•~'.. :.te'r,,t'.• -• .', 'a,E*Yie•^• ...... ; g � y ar � •�r• h� /. : ‘ "I-> t.-;.:14.7"..::4.ri y /� f ��K,�.'• i' ,�,ly W_rf . Ist,„.-.-...., ir , 00+ liftl,.„.F -1 0 \ 1 it'h'!?�1' - d "`��— :,Cs�•4'r if 8199+0 1—�r'� -�_ c�..3. sf f:ti• 1, ,/ -1 `t ` •• Q O'.1 <•i'. l r- —..._—_____ cr s jtf . ...___-■' 7 1:. 00+ ;s ,:.`411;.. ¢ 't t.y J m R , C , •r } ^ ; ' .342. ' 7:4:ii r f: a. - „ ( \\ r: ti '.r \ \ \ ,:i1,.. i, Itif fj 6. 4 el i . ‘7 :'•il♦. if .11_0\ 11 if /X ' . r' i ' • • MEMORANDUM TO: Mayor and City Council THRU: Carol O'Dowd, City Manager THRU: Amy Margerum, Planning Director FROM: Kim Johnson, Planner DATE: May 20, 1991 RE: Aspen Meadows Final SPA, Continued Public Hearing and Consideration of Ordinance 13 and Ordinance 14 (second reading) SUMMARY: The public hearing was opened at the May 13 City Council meeting after project summary by staff and presentations by the Applicant. Council discussion and public comment was, focused on Ordinance 13 which amends the land use regulations and creates two new open space zone districts. Tonight's discussion will follow the format of Ordinance 14 which outlines the conditions of approval as . forwarded by the Planning and Zoning Commission and amended by staff. Within this discussion, the Council will consider the issues presented in the April 29 and May 13 Planning memo. Issues brought up on May 13 with reference to Ordinance 13 are discussed below. ISSUES: 1) An issue raised on May 13 concerned the redundancy of the proposed amendment to the Academic (A) zone district to allow "Any uses approved within a final development plan for a Specially Planned Area (SPA) . " The Applicant was extremely concerned that without substantial support of this code amendment, financial institutions would consider the Aspen Institute uses non-conforming. Staff has discussed an alternative with the City Attorney which calls for findings to be made very clearly in Ordinance 14 which confirms that because of the SPA overlay, the uses are considered conforming by the City of Aspen. For some reason the SPA overlay is removed from the property, any uses inconsistent with the underlying zone district would, be legal non-conforming uses. If the Applicant agrees with this approach, staff recommends deleting Section 1 from Ordinance 13. 2) The City Council recommended that Ordinance 13 be amended to add those Conditional Uses proposed in the Wildlife Preservation zone to the proposed Open Space zone. The storm water detention conditional use is discussed in detail below. Staff 'recommends • • that storm water detention uses not be listed as specific uses in either of these proposed zones. The other two uses, fencing and downcast low-illumination lighting for walkways and trails, would be better suited as permitted uses rather than conditional uses. Staff recommends that paragraph B. of Section 2 of Ordinance 13 be revised as follows: C. Permitted Uses. The following uses are permitted as of right in the Open Space (OS) zone district. 1. Paved and unpaved walkways; 2. Benches; 3 . Sculpture; 4. Water features such as ponds, streams, or fountains; 5. Architectural lighting, and downcast low- illumination lighting for walkways and trails; 6. Sculpted or manicured landscape features; 7. Fencing. 3) City Council asked if surface and underground storm water detention facilities would be prohibited in all other zone districts given the fact that this use is specifically allowed in only the proposed WP and OS zone districts. Staff noted at the hearing that most other zoned land is limited in acreage to effectively accommodate such uses, however, we believe it is a valid concern. As an alternative staff recommends removing the drainage language from the proposed Wildlife Preservation and Open Space zones and amending condition #9 in Section 5 of Ordinance 14, reading: 9. The Developer shall grant to the City all necessary surface and subsurface easements for the location and creation of a storm water drainage detention structure or facility in the area of the racetrack and shall depict shall, as approved by the City Engineer and Planning Director, on the final plat. The construction of any storm water drainage detention structure or facility shall be preceded by public notice as specified in Section 24-6-205 E(3) (a) of the Municipal Code (publication) , and an opportunity for public comment before the City Council. Because an SPA overlay allows varying uses on the property, the surface and underground drainage facilities would be an allowed use on any property with an SPA overlay. This approach allows for staff and public comment on specific drainage facilities at the Meadows but does not limit such uses to only WP and OS zones districts. Section 3, paragraph C. should be amended to read: 2 • C. Conditional uses. The following uses are permitted as conditional uses in the Wildlife Preservation (WP) zone district, subject to the standards and procedures established in Article 7, Division 3 . 1. Paved walkways and trails; 2. Fencing; 3- Styr€aee-er-undergreund-stem-water-fie 3-en 4-3. Downcast low-illumination lighting for walkways and trails. 4) Another point of discussion was the detention easement specified in the racetrack area. City Engineer Chuck Roth has submitted a new memo to Planning in an effort to clarify some questions -(Attachment "A") . 5) The City Council also asked staff to return with alternatives to Section 5 of Ordinance 13 which deals with amendments to the section of the code covering City Council's ability to grant GMQS Exemption for essential public facilities. Council wanted revised language which would broaden the discretion by City Council to grant such exemptions. Again, staff's recommended language was intended to narrow the cases in which City Council would have discretion in granting exemption from the mitigation requirements of the Code. Council currently has the discretion to grant exemption from GMQS competition to any essential public facility. The proposed language which modifies the GMQS Exemption section in the code allows Council to: "determine upon application that the development associated with & -existing non-profit entity in 'an Academic (A) zone district qualifies as an essential public facility and may exempt such development from the GMQS and from &trek some or all mitigation requirements as it seems appropriate and warranted. " (bold and strikeout from Council comments on May 13) Staff drafted this language in this manner to specifically limits its use among non-profit organizations. Staff believes that the long term ability to apply this section is limited due to the fact that the Academic zone is limited in basic intent. If the City Council desires to broaden the applicability of this language the option of taking out the reference to the Academic zone is available. Staff continues to recommend the language as proposed. 6) Another issue that has been brought to staff's attention is the winter and summer use of the property by the non-profits over time and how to maintain assurances that a certain percentage of 3 • i use will always be of a non-profit nature and be considered over time an "essential public facility. " Staff recommends that a condition be added to the approval ensuring that at a minimum summer use of the facility be 'dedicated to non-profit events to ensure long term viability of the overall benefits to the Aspen Community associated with these uses. We request input from City Council on this issue. OTHER STAFF COMMENTS: 1. Since the May 13 meeting, staff has reviewed the information provided by Fred Smith regarding the revisions to the parking structure. The ventilation engineer has clarified that the pro shop and restrooms could be moved back against the tennis courts (approximately 5' ) without requiring mechanical ventilation. The consultant also verified that the garage could only be reduced 1 foot in height (from the original design submission) before needing mechanical ventilation. This information satisfies staff that the structure is as low and as far from the road as possible. Please see Attachment "B". 2. City Engineer Chuck Roth has spoken to Bob Felsberg, traffic consultant to the Meadows regarding the Meadows Road, Seventh, and North intersection. Mr Felsberg mentioned the need for three stop signs at that intersection. Staff is expecting further information from him and will continue to study the intersection. 3. The Historic Preservation Committee gave final approval to the residential component of the Meadows (Trustee Townhomes and Tennis Townhomes, and advisory review for the single family homes) . Roxanne Eflin submitted Attachment "C" describing the conditions of approval and additional comments. 4. Staff has also received a letter from Fred Smith outlining the tree removal and relocations for the Aspen Institute property (Attachment "D") , a letter from Appropriate Technology Associates describing energy efficiency techniques for the Meadows property (Attachment "E") , and a memo from Fred Smith regarding the interim and construction parking plan (Attachment "F") . CITY .MANAGER COMMENTS: Attachments: "A"- May 15 Memo -from Chuck Roth, City Engineer "B"- May 15 Letter from Design Engineering Services Regarding the Parking Structure Ventilation "C"- HPC Comments from Roxanne Eflin "D"- Tree Relocation Letter from Fred Smith "E"- Energy Efficiency Methods by Appropriate Technologies Assoc. "F"- Interim and Construction Parking Plan Memo from Fred Smith 4 • Attachment "A" MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer (3 Date: May 15, 1991 Re: Meadows Application - City Storm Water Requirements In 1973 the city received the "Urban Runoff Management Plan" from a consulting engineer and adopted it into the municipal code at Section 24-7-1004.C.4. f. The "Urban Runoff Management Plan" therefore is similar to an adopted trails master plan or an adopted transportation master plan which enables the city to acquire needed easements for trails, transportation or urban runoff facilities. The Clean Water Act requires the City of Aspen to obtain a permit by October 1, 1992, for the city's storm water system. The mandate from the federal government will be to treat urban runoff to the "maximum extent practicable. " The easement that city staff has requested of the Meadows is identified in the runoff management plan. The easement is for a five acre foot detention pond. A .detention pond is a facility which holds runoff water in order for suspended solids to settle out before the water is discharged to a receiving body of water such as the Roaring Fork River or Castle Creek. Five acre feet is five acres of surface area one foot deep or one acre of surface area five feet deep, et cetera. Staff has requested a large easement envelope (the entire wildlife preservation zone area) in order to have the flexibility to design the most acceptable project to the community and the Meadows property owners. However, the size of the facility remains constant at five acre feet. There is no plan at this time for construction of the detention pond. In response to criticism of the process for requiring the Little Nell Hotel to bury their storm runoff facility without the city being required to do so, the comparison is inappropriate. It appears that site conditions required burial, not the city. That storm runoff facility was for the project site only, and not for a portion of the community at large as will be provided for by a detention pond at the Meadows. The size of the Little Nell facility was a small fraction of the size of the community's needs at the Meadows. Such a pond will treat the runoff from most of the West End. Finally, the applicants are providing for their own site storm runoff needs with a one acre foot pond which they are not proposing to bury underground. i • • If the council or the community wants to provide a buried facility at the Meadows, it is possible from an engineering standpoint. From an economic standpoint, it would cost far more to build and maintain a buried storm water detention pond. If the council or the community does not desire to provide for storm runoff water quality treatment facilities at the Meadows location, it is engineeringly possible to pipe such runoff water to any desirable location, although at increased costs due to additional construction and probable pump station needs. In this event, since the easement is required by the municipal code, the applicant would need to request an SPA variation under the proposed amendment to Section 24-7-804D in order to delete the easement requirement. cr/M91.125 • MAY7).5-'91 112:35 I A•I GN ENG I N SGRU TEL NO:4 i54955 11297 F22 +- Attachment "B" — , Design Engineering Services May 15,1991 Mr. Fredrick A. Smith, Vice President The Aspen Skiing Company Box 1248 Aspen,Colorado 81612 Subject: The Aspen Institute- Parking Garage Aspen, Colorado - Dear Mr. Smith: We have examined the revised architectural drawings of the parking garage in the above project and find that, in accordance with the 1988 Uniform Building Code, Page 59,Sec.709. (b),2.,which is enclosed,the garage has enough openings to be ventilated naturally. I have enclosed the calculations to back up this assertion. In addition to including the calculations for the garage as designed we have also ran, at the architect's request, calculations for lowering the garage floor by one foot. These calculations also indicate that the garage would still be able to be classified as naturally ventilated although the precentages are dose to the minimum required by code. In addition to this the lowering of the garage has the effect of increasing the length of the entry ramp by approxdmately 12 feet which would then negatively impact the entry r height, limiting it to approximately seven n feet It is very important that the snow always be cleared from the open ventilation areas. • If snow is allowed to cover the area of the openings the amount of natural ventilation would be considerably diminished possibly leading to a build-up of automobile exhaust gases in certain areas. If you require additional information or have any questions regarding this letter please call me. Very truly yours, • • Design Engineering Services • \) \ Richard W. Ehrenberg, Vice Presi. RWE:mr enc: Copy of Code section,Calculation Sheet. cc: Backen Arrigoni &Ross-John V. Y. Lee - l 1113 New Montgomery Street,Guile 815•San Francisco,CA 041Q5.415 1 54&7905•FAX 415 495-6352 -/ • MAY-15—'91 10:3 I 11V-5--- -5 N aI,N SERV TEL NO:415495 8097 P03 CALCULATION SHEET(as shown on plans) GARAGE WALL AREAS (perimeter wall areas by elevation). ELEVATION &AREAS REQUIRED OPEN AREAS (20%) North - 122' X 9' _ 1,098 s4.It. 220 sq.ft. '(South - 122' X 7' = 864 sq.ft. 171 sq. ft.) East - 252' X 8' 2,016 sq.ft. 403 sq. ft. Arc - A ;' = 1 • s I • 1 .. TOTAL AREAS - 5,130 sq. ft. 1,026 sq. ft. 'South wall has no openings so areas are not included. However south wall perimeter is included for the 40% perimeter rule. TOTAL PERIMETER OF MINIMUM OPEN LENGTH GARAGE WALLS REQUIRED (40%) 748 lineal feet 300 lineal feet GARAGE WALL OPEN AREAS (perimeter wall areas by elevation). ELEVATION &OPEN AREAS ACTUAL OPEN AREAS BY% - North - 122'X 4' = 488 sq.tt. 44.4% '(South - 122' X 0' = 0 sq.ft. 0% East - 43'X 4' = 172 sq.ft. 78' X 3' - 234 sq. ft. 30.2% X 2' • 202 sq.ft. West - 67'X T = 469 sq.ft. .�s :• TOTAL OPEN AREAS 1,725 cq. tt. 33.6%. 'South wall has no openings so areas are not Included. However south wall perimeter is included for the 40% perimeter rule. TOTAL PERIMETER OF MINIMUM OPEN LENGTH OPEN GARAGE WALLS REQUIRED - (40%) OR MORE 431 lineal feet 300 lineal feet Open perimeter Is 57.6% of total perimeter. 011 . .it . ; 1Z ; 6.111 • k. „us MAY-15—'91 12:36 II_VON ENGIN SERU TEL N7:4i5425G3. 1GS: PG4 ■• • CALCULATION SHEET(garage floor lowered ONE foot) GARAGE WALL AREAS (perimeter wall areas by elevation). ELEVATION & AREAS REQUIRED OPEN AREAS (20%) North - 122' X 9' = 1,098 sq.ft. 220 sq.ft. "(South - 122' X T = 854 sq. ft. 171 sq. ft.) East - 252' X 8' = 2,016 sq.ft. 403 sq.ft. West - 252'X 8' = 2_016 sq,ft. ft. TOTAL AREAS 5,130 sq. ft. 1,04 2�fi sq. ft. 'South wall has no openings so areas are not included. However south wall perimeter Is Included for the 40% perimeter rule. TOTAL PERIMETER OF MINIMUM OPEN LENGTH GARAGE WALLS REQUIRED (40%) 748 lineal feet 300 lineal feet GARAGE WALL OPEN AREAS (perimeter wall areas by elevation). ELEVATION &OPEN AREAS ACTUAL OPEN AREAS BY% North - 122' X 3' ¢ 366 sg.ft. 33.3% `(South - 122' X 0' - 0 sq.ft. - 0% East - 431X 3' = 129 sq.ft. , 78' X 2' 158 sq.ft. 19.1% 101' X 1' 101 sq.ft. West - 67'X 7' - 469 sq.ft. 2 'X8' c 160 SO)II. TOTAL OPEN AREAS 1,381 sq. ft. 26.9% 'South wail has no openings so areas are not included. However south wall perimeter is included for the 40% perimeter rule. TOTAL PERIMETER OF MINIMUM OPEN LENGTH OPEN GARAGE WALLS REQUIRED - (40%) OR MORE 431 lineal feet 300 lineal feet Open perimeter Is 57.6% of total perimeter. .IrI,. • . 411 • rV. 40111 . • . • • . Attachmenti"'C" MEMORANDUM To: Amy Margerum, Planning Director Kim Johnson, Meadows Project Planner cc: Aspen Historic Preservation Committee From: Roxanne Eflin, Historic Preservation Officer Re: Summary of HPC reviews, action taken and conditions of approvals Date: May 16, 1991 SUMMARY: Over the last few months, the Historic Preservation Committee has been reviewing - the Aspen Meadows project, tracking closely to the SPA approval process. This memo is designed to summarize the review and approval actions taken to date, clarify conditions that. should be incorporated into the approval Ordinance, and specify those actions are remain outstanding. It should be noted that the HPC, consisting of both the Meadows sub-committee and the entire Board, has worked extremely hard to meet the demanding approval process schedule, even in light of missed application deadlines. Numerous special meetings and worksessions have been scheduled throughout, and other projects postponed to allow the Meadows top agenda priority. The applicant has stated publicly their appreciation for the HPC's dedication to the Meadows review. Both the HPC and the applicant agree that this positive working relationship has produced a significantly better design in every aspect of the multi-faceted project. PHASED REVIEWS: In order to break down the project into easily managed reviews, staff divided the project components into the following three sections: 1) Residential: • Trustee Townhomes (Bayer design) , Tennis Townhomes (proposed) , carports for both, and four single family home sites (advisory only) 2) Academic: Chalets (advisory) , Kresge . Buildings I and II, Health Club, Parking Structure, Restaurant, and predominant landscaping features in these areas 3) Music: Proposed Performance Hall, Backstage addition to the existing tent, bus drop off area, and . predominant landscaping features in these areas The following review approvals have been granted to date: 1) Residential: Conceptual approval subject to nine • • conditions to be met at Final review was granted on February 13, 1991. All nine conditions were met at Final, which occurred on May 8, 1991. No additional conditions were included in the Final approval, except for those advisory recommendations as noted below. The HPC is generally pleased with the architect's design sensitivity to the Bayer townhomes, and found the proposed Tennis Townhomes compatible with the predominant International style found at the Meadows. Three recommendations where included under HPC's advisory capacity for the four single family home sites. The HPC recommends that these be carefully considered by Council, and be incorporated where appropriate: a) Building envelopes should vary to relate to the uneven setbacks found throughout the immediate neighborhood. Clearly delineated, consistent setbacks of these four large parcels will result in a hard edge of structure, vs. the undulated , established rhythms in the area, in their opinion. This "building wall" is design issue that the HPC feels strongly should be avoided. b) Indigenous, deciduous trees (aspen, male cottonwoods) should be planted in the rear of each parcel to soften the visual impact of structures encroaching into the oval "meadow" . These should be irregularly spaced, and carefully selected, but not be allowed to appear as a defined line at the back edge of the parcel. c) The Design Review Board should not consist solely of the developer, property owner and architect. At least one neighbor, and perhaps one member of the HPC should be included. 2) Academic: Conceptual approval subject to eight conditions to be met at Final review was granted on March 21, 1991. It should be noted that the motion included granting conceptual approval to the backstage addition to the tent as well. The HPC met in worksession with the applicant on May 15 to review the Final Development application for compliance with the Conceptual conditions. It appeared at that worksession that most of the conditions were met, with formal review occurring on May 22 at a 2 - • • regular meeting of the HPC. It should be noted that between Conceptual and Final, a number of design changes occurred to the Chalet and Kresge structures. It should also be noted that the Final review of this portion of the project was scheduled for May 8, however, the applicant did not submit complete drawings until over a week past the submittal deadline. Therefore, this portion was postponed until May 22. The HPC and staff were concerned about the basic design changes, and the overall compatibility to, the Meadows ' International/Bauhaus architectural style. These plans are hard to read, making a thorough review even more difficult. During the May 15 worksession, a number of design changes were strongly recommended by the HPC, that the applicant agreed were appropriate. We anticipate additionally revised drawings to be presented at the May 22 meeting. The conditions of Conceptual approval are summarized as follows: 1. Partial demolition standards shall be addressed regarding the Chalet buildings. 2. New Kresge building and backstage addition are to be staked relative to perimeter and height. 3. Material representation made at Final 4 . Cross section drawing prepared indicating relationship between lower fox mound and Kresge Building (6) . 5. Final landscape plan indicating all significant existing and proposed vegetation, surface treatments and lighting. 6. Final elevations prepared regarding restaurant expansion. 7 . Roadway width reduction be studied in the chalet/restaurant/academic area. 8.. Detailed drawing of tent/music area parking lot treatment and bus drop-off area be submitted. 3 3 . Music: Perhaps the most challenging design aspect of the entire project is the proposed performance hall. The HPC has spent many hours reviewing the proposal's siting, overall size, height and mass, materials and landscaping. Conceptual Development approval was finally granted on April 8, 1991, after a number of tabling actions and public hearing continuances. Seven conditions were included in the Conceptual Development approval motion, to be met at Final. The May 15 worksession indicated that the applicant is well on their way to meeting these conditions, which will be formally decided upon at the May 22 meeting. These conditions are summarized as follows: 1: The rehearsal/performance hall facility shall be ,resited to the northeast, as far as possible to the north parking lot, on an east/west axis of the tent. 2. Significantly lower the height of both the mound and structure (minimum of 5' ) . 3. Restudy surface treatments of both the land form and structure. Provide detailed information (drawings) of how the break between the field and the berm/mound is accomplished. 4. Restudy the hard surface paving areas between the rehearsal hall and the tent, to maximize the amount of informal seating. 5. Provide representation of all materials at Final. 6. Provide landscape plan indicating all significant existing and proposed vegetation,m surface treatments and lighting. 7. Provide detailed drawings of tent/music area parking lot treatment and bus drop-off area. CONCLUSION: Upon Final review of the academic and music portions, staff will prepare a supplemental memo addressing any outstanding HPC-conditions to be met. memo.amy.meadows.hpc.review 4 • Attachment'"D" • ASPEN SKIING COMPANY ThlaGCSOMEN' MEMORANDUM TO: KIM JOHNSON ASPEN/PITKIN COUNTY PLANNING DEPARTMENT FM: FRED SMITH THE ASPEN INSTITUTE DT: MAY 14, 1991 RE: ASPEN INSTITUTE TREE REMOVAL AND RELOCATION/LANDSCAPE PLAN It was brought to my attention that I may have misstated the number of individual trees to be removed or relocated during the public meeting of May 13, 1991. I believe I referred to fourteen trees being removed when I meant to have referred to fourteen clumps of trees to be removed. Please find attached the tree relocation plan, submitted to the Historic Preservation Committee which indicates fourteen or fifteen clumps of trees being removed, dependent upon final location of the pro shop facility, as opposed to forty individual trees being removed. As I did state at the public hearing, we will be replacing, at a minimum, caliper inch per caliper inch of removed trees and as our landscape indicates on Sheet L-9, we will be exceeding the number and size of the trees being removed with those being newly planted. Should you have any questions or comments regarding this memo please do not hesitate to call. I hope this clarifies our intentions with • respect to tree removal and relocation, as this program relates to the Aspen Institute's portion of the program. attachment cc: Gideon Kaufman POST OFFICE Box 1248,ASPEN, COLORADO 81612• 303/925-1220 Attachme t "E" APPROPRIATE TECHNOLOGY ASSOCIATES ' Solar Energy for Sustainable Development Mr. Fred Smith, Vice President ' . .3 May 1991 Aspen, Skiing Corporation P. O. Box 1248 Aspen, CO 81612 Dear Mr. Smith, As Energy Consultant, I have been requested by Backen, Arrigoni & Ross, Architects to state design goals in regard to . energy efficiency in the Aspen Meadows project. Energy efficiency will be a high priority in the design of the lodge' units. We will endeavor to exceed the component performance criteria as well as the systems performance criteria as given in Chapters '4 and 5 respectively of the, Model Energy Code, 1989 Edition. In order to meet our high standards of efficiency, we are evaluating 'a number of energy efficiency strategies for the design, including: 1. High performance glazing products such as LOW-E and/or Heat Mirror to minimize heat loss and optimize control of solar heat gain from glazed areas. 2. Super insulation techniques for walls, roof and floor to minimize the building's heating requirements. 3 .. Air leakage reduction strategies to minimize uncontrolled infiltration/exfiltration of air through the building envelope. 4. Heat recovery ventilation to avoid moisture problems often associated with tight construction as well as to provide required fresh air requirements without the associated heat loss. 5. High efficiency heating-systems and controls to maximize energy efficiency, comfort and indoor air quality. 6: High Efficiency Lighting Systems to provide high quality light . at the lowest operating and life cycle. cost. . I will provide _documentation of my energy analysis and recommendations for the design, in accordance with the provisions of the Model Energy Code. Sincerely; Kenneth R. Olson. Energy, Consultant NEW YORK COLORADO = - CALIFORNIA P.O.Box 1115,•Carbondale;CO 81623-1115: (303)963-0715 FAX(303)963-2390 ' 100% Recycled Paper ilr Attachment "F" MEMORANDUM TO: KIM JOHNSON ASPEN/PITKIN COUNTY PLANNING OFFICE FM: FRED SMITH DT: April 29, 1991 • RE: INTERIM AND CONSTRUCTION PARKING PLAN ASPEN MEADOWS/ASPEN INSTITUTE PROJECT The Aspen Institute intends, dependent on fund raising activities, to phase construction activities on its portion of the Aspen Meadows project into three distinct construction years. These construction seasons will occur between September 1 to June 1 each year, beginning September 1, 1991. Phase I will see Buildings I, II, VI, and VII 'being completed by June 1, 1992 in time for the Aspen Institute summer season. Phase II would see construction commence on Buildings III, IV, and V and the • health club facility in September of 1992, with construction completion scheduled for June 1, 1993. Phase III of the construction process would begin in September of 1993, ending in the spring of 1994, focusing on. completion of the parking garage and tennis facilities and finalization of the landscape and sitework associated with the program. The reception/restaurant building would be worked upon in varying - degrees during the first two portions of the redevelopment of the Aspen Institute's lodging properties. During the first two phases of construction the parking garage will be utilized for a construction staging and mobilization area. During the summer sessions of 1992 and 1993, parking for the lodging facilities will occur in the same areas where parking is being dealt with today. • Keeping the construction activities on existing pavement and within the footprint of the existing tennis facilities will minimize disturbance on the native grass meadows.surrounding the site and eliminate the necessity for intrusion into the manicured landscape areas within the project's boundaries. Also, by using the paved tennis court areas for construction mobilization and storage, fugitive dust problems will be minimized and, given these areas are already fenced, vandalism and equipment security during construction will be already in place without • _ having to construct additional facilities. • • CI, • 0 re CIT °°� ASPEN 130 kali gaIegna'os: reet a s e4`o}I'o °d8'1611 30'3-9= 5J0 MEMORANDUM DATE: November 23, 1990 TO: Mayor and City Council FROM: Jed Caswall, City Attorney RE: Meadows Conservation Land Purchase Before you for approval and ratification on your agenda for November 26, 1990, are the pertinent documents associated with the proposed purchase by the City of the Meadows Conservation Land. The documents may be summarized as follows: 1. Contract to Buy and Sell Vacant Real Estate. a. Land to be purchased - approximately 25 acres. The precise acreage amount and the boundaries thereof have yet to be defined. (See paragraphs 1, 5 and 17 (d) . ) No water rights are being conveyed with the land. b. Price - $2, 125, 000. 00 to be paid as follows. $100, 000. 00 earnest money upon execution and acceptance of contract; $900, 000. 00 at closing; the balance of $1, 125, 000. 00 to be paid per a promissory note over three years in three equal installments of $375, 000. 00. The installment payments are to be made on the first three anniversary dates of the closing. The promissory note carries no interest, except upon a default, at which time interest accrues at 18% per annum. The note is secured by a non-recourse promissory note. (See paragraph 2 and the promissoary note attached to the contract as Exhibit 1. ) c. Title - Savanah is only prepared to provide a special ' warranty deed, not a more encompassing general warranty deed. (See paragraph 9 . ) d. Closing - closing is only to occur if and when Savanah obtains acceptable development approvals for the Meadows Property as per- the Meadows Master Plan. Closing would take place thirty days after recordation of the final subdivision/SPA plat. (See, paragraph 8 . ) Closing could be delayed or cancelled altogether if merchantable title is not provided the City, the final sub- • • Memorandum to Mayor and City Council November 23, 1990 Page 2 division/SPA plat is not recorded within one year of the date of the land purchase contract, or Savanah decides to withdraw its land use application(s) . (See, paragraphs 4, 8 and 17 (c) , respectively. ) e. Miscellaneous - (i) the City is utilizing open space funds, and only open space funds, in effectuating the purchase. By utilizing such funds, the future use or disposal of the pro- perty is restricted by the Charter (see paragraph 17 (a) ) ; (ii) by entering into the purchase contract, the City is not giving up or compromising any of its authority and/or power to review, approve or reject any land use application for the Meadows Property as submitted by Savanah. No promises or warranties regarding land use approvals are expressly or impliedly contained in the pur- chase contract (see paragraph 17 (b) ) ; (iii) the land to be purchased has yet to be surveyed and the total acreage purchased may end up to be more or less than 25 acres. In any event, no adjustment in the purchase price is to be made regardless as to the actual acreage conveyed (see paragraph 17 (d) . While seller is to provide a survey at its sole cost and expense, the City may want to invest in a second survey to corroborate and/or confirm the acreage and ensure the City is purchasing precisely the land it wants to purchase; (iv) the purchase contract provides both the buyer and seller with specific performance rights in the event of a breach. The City's earnest money will be at risk if it wishes to withdraw from the sale in a manner inconsistent with the contract terms. 2 . Non-recourse Promissory Note. The note being utilized is a standard form and one previously utilized (with some modifica- tion) for the Zoline purchase. Please note default interest is set at 18% per annum. 3 . Deed of Trust. Again, the form being utilized for this document is a standard one. Please note, however, that Savanah has asked for a special rider limiting the City' s ability, as the future landowner, to petition to change the zoning. Savanah wishes to have the security of knowing that the current use and character of the conservation land cannot be changed until after the City has fully paid for the land, thus, extinguishing the possibility that Savanah could get the land back in a signifi- cantly altered state. While the rider is for Savanah's protec- tion, I believe it is fair to say that it is consistent with and furthers the City's interests and plans for the property. • • Attachment "D" MEMORANDUM TO: Amy Margerum, Planning Director FROM: Kim Johnson, Planning Office RE: Insubstantial Amendment to Aspen Meadows Master Plan DATE: May 22, 1991 SUMMARY: The applicant wishes to amend the Aspen Meadows Master Plan to reflect the expansion of 2, 000 sq. ft. of the administrative building at the Aspen Meadows. The expansion will accommodate restaurant/administration uses. This qualifies as an insubstantial amendment to the Master Plan and shall be approved by the Planning Director. FINDINGS: The Aspen Meadows Master Plan was adopted on October 16, 1990 by the Planning & Zoning Commission. Following the adoption of the Master Plan, the applicant has filed a Final SPA Development Plan. The applicant has stated that the addition of the restaurant/administration uses is a result of a technical programming consideration not fully anticipated during the City's process of adopting the Master Plan. Section 7-804 (E) reads: 1. An insubstantial amendment to an approved final development plan may be authorized by the planning director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. The following shall not be considered an insubstantial amendment: a. A change in the use or character of the development. b. An increase by greater than three(3) percent in the overall coverage of structures on the land. c. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. - d. A reduction by greater than three (3) percent of the approved open space. e. A reduction by greater than one (1) percent of the off-street parking and loading space. i f. A reduction in required pavement widths or rights-of-way for streets and easements. g. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. h. An increase by greater than one (1) percent in the approved residential density of the proposed development. i. Any change which is inconsistent with a condition or representation of the project;s original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. Staff has reviewed the proposed additions to the administrative building and they do not exceed the above criteria which is utilized in the determination of an insubstantial amendment. For example, the increase in square footage of the approved gross leasable floor area of commercial buildings shall not exceed two (2) percent. The request is for a 2, 000 sq. ft. addition and this is below the threshold of 2,745 sq. ft. (which represents 2% of 137,270 sq. ft. ) . REFERRALS: Referral agencies were not required to review this application. STAFF COMMENTS: Staff has determined that this application meets the criteria cited in Section 7-804 (E) for an insubstantial amendment by the Planning Director. RECOMMENDATION: Staff recommends that the Planning Director approve the insubstantial amendment to the Aspen Meadows Master Plan. I hereby approve the above Insubstantial Amendment for the Aspen Meadows Master Plan. C Z / l ^ar erum annin Director Date / / Am Y � g g 2 IA • III air b MEMORANDUM TO: Mayor and City Council THRU: Carol O'Dowd, City Manager THRU: Amy Margerum, Planning Director/) FROM: Kim Johnson, Planner DATE: May 13 , 1991 RE: Aspen Meadows Final SPA - Public Hearing and Second Reading of Ordinances 13 and 14, Series 1991. SUMMARY: The City Council voted 4-1 to hear Ordinance 13 and Ordinance 14 on first reading on April 29, 1991. The public hearing was set for May 13 , 1991. Staff has responded to those items brought up at first reading in this memo. Please refer to the memo of April 29 for identification of issues and conditions of approval which were not discussed on April 29. DISCUSSION: Representations by Applicant: The following items were represented verbally by the Applicant on April 29th and will be considered part of the application. 1) The existing parking in front of the existing lodge units will remain in place and will continue to be used during construction years one and two. 2) The Applicant committed to begin the mass, transit program and the bike rental program the first two summers of operation. 3) The Applicant offered to provide a waterline easement to the City for service to the Black ' Birch Subdivision. 4) New information on design was submitted at first reading and as part of the HPC application. The applicant will present a full description of the project at the public hearing. 5) The Applicant indicated that they are planning on putting up gate barricades on the Meadows interior service/emergency lanes. The Applicant must have Fire Marshal approval of the design of the gates. Recommended Changes to Conditions: City Attorney Jed Caswall has made minor changes to Ordinances 13 and 14. These have been described within his memos dated May 7 and May 8, 1991. In addition to these . changes, Planning staff recommends the • 4 following be approved by the Council: 1) The front yard setback for the four single family lots should be reduced from 25 ' to 20 ' to allow an additional 5 ' buffer on the rear of the lots. New conditions would need to be added to Ordinance 14 in order to vary the R-15 setbacks and to require 20 ' as a rear yard setback. Other Issues: Final Plat Deadline - The survey of the 25 acres of Conservation land is due to the City on June 11, 1991 as required in the contract between Savanah and the City. The closing on the Conservation land is to occur no later than 30 days after recordation of the Aspen Meadows Final Plat and SPA Development Plan (not 30 days from SPA approval as stated in our April 29 memo) , but no later than November 25, 1991 unless an extension is granted. A condition of approval has been proposed which would require transfer of land to the non-profits simultaneously with the recordation of the Final Plat. Therefore, staff feels comfortable that a Final Plat will be recorded in a timely manner (within 180 days of approval) due to the incentive of the purchase of the Conservation land. Calculation of Acreage for Open Spaces - Staff has determined that there are differences in the sizes of the proposed open space and wildlife areas as depicted in the approved Master Plan and Final SPA application. The following figures were determined by planimeter calculation and are for general comparison. location Master Plan Final SPA South of Tent 1 ac. 1. 15 ac. Anderson Park 3 . 9 ac. 1. 26 ac. Oval/sage meadow 13 . 45 ac. 14 . 58 ac. Marble Garden 0 . 92 ac. 18. 35 ac. 17. 91 ac. Please see Attachment "A" for the proposed zone districts. Uses During the Winter - The Master Plan states that the Institute will "investigate the idea of utilizing the facilities throughout the year. " The Plan goes on to say that the renovation/construction of the 110 lodge units will be "consistent with the character of the Meadows, the needs of the Institute and their attractiveness for year round use. " The 2 . 4 Conceptual Plan application states that the employee mitigation plan took into account that the City agreed to waive requirements for the lodge expansion, MAA expansion, and new townhomes condominiumization. Staff concludes that the year-round use of the lodge facilities was presented with the Master Plan and waiver was considered at this early point. However, staff recommends that the City Council request a list of specific winter uses from the Applicant to be reviewed at the next public hearing on May 20. Water Rights - The City has included a condition requiring that the irrigation ditch rights owned by the Applicant be turned over to the City in return for expanded water service. Water Department Director Larry Ballenger has forwarded a detailed memo (Attachment "B") describing the ownership rights to the Si Johnson Ditch, of which the City and the Aspen Institute each own 1/2 of the priorities. The 'City also owns the right-of-way for this ditch for cleaning and maintenance purposes. In 1977 this same issue came up and John Musick suggested that the City acquire these rights. Municipal Code Section 23-56 (G) requires dedication of water rights. Staff strongly maintains that the ditch rights must be acquired from the Meadows. Public Access - The Planning staff maintains the position that public access be provided internal to the Meadows property. This is expressed in Ordinance 14 Section 2, Condition #29 (p. 10) . - In lieu of this condition City Council may want to consider more specific easement rights on the racetrack and through Anderson Park. In addition, staff continues to believe that the best trail alignment to the Conservation land follows approximately the old service road from the Health Club area down towards Picnic Point. As discussed on pages 9 and 10 of the 4/29 memo to Council, the terrain is far more suitable for a multi-use trail. This area will require less damage to the land and vegetation, and easier, less expensive installation and maintenance. In the submission for Final HPC review, the Applicant provides a lighting plan which shows pathway lighting along the service road from the parking garage to the health club. Therefore, they are already planning for pedestrian access through that area. Staff recommends that this portion be a dedicated public trail which links up to 'a trail down to the Conservation land. Please see Attachment "C" showing this section of the lighting plan. Ownership - At first reading the Council asked the Applicant for additional information on ownership of the Meadows property interest. Short Term Use of Trustee and Tennis Townhomes as SPA Variation- The question arose at first reading about how the townhomes were scored under the Residential Growth Management Quota System 3 I competition. Specifically, were there potential differences in scoring based on their proposed use for short term rental. The scoring criteria for residential and tourist accommodation are basically the same for availability of public services, design, resource conservation, and employee housing. However, both use categories have criteria specific to only one or the other. For example, the tourist accommodation criteria includes scoring on rehabilitation of existing units, and guest amenities (on-site dining, meeting areas, and recreation facilities. ) The residential criteria includes scoring for proximity to support services (public transportation and. commercial facilities. ) Without having scored the townhome portion of the residential' GMP application under both categories, it is difficult to know whether thresholds would be met or whether one or the other use would garner more points. Even with full scoring, relating the numbers would be like comparing apples to oranges. The Applicant is proposing condominiumization for all of the townhomes. The condominiumization section in the code already allows two short term rentals yearly within the R-15 zone. Even though the original eight townhomes were used for short term accommodations, it should be pointed out that they hadn't been condominiumized and there was no underlying zoning to establish rental limits. Additionally, with the proposed construction of fifty new chalet lodge units, there will be nearly double the availability of short term units at the Meadows. For these reasons and the fact that the proposal was scored under the Residential, not Tourist Accommodations criteria, staff does not support the SPA Use Variation removing short term rental limitations. Staff suggests deleting paragraph #15 in Section 13 (p. 21) of Ordinance 14 . CITY MANAGER COMMENTS: Attachments: "A"- Proposed Zone Districts "B"- 5/1 Memo from Water Director Larry Ballenger "C"- Lighting Plan 4 _ Attachment "A" ...... 4 12 P1 .. ` 2 ^N ) o _€ i IN k 1 3 e To 10 of •_ `: •t 131 , . -.' , • \\11. ' ..-Lfg-,,,g,cfgh , •. , . l% . .. • •- . ,..f:•00.-,.....-5 ..: . .\ • kNk . . _ J/ JJ 1:'. r 1 •;' _ �'- 0 is '�, `� - ; = ffi• s 1 k� �/ a �� :*� ( tiag • .. ..,r ' .1 ••'5'''•= --- ...-,•••At,:vg:,.••• •••.v . - c=e____ 48,. •. " ;•• " .7 6 i. l lY \\ Q N CL AM Of P2 :z /i n as 1 .% 3 :}a as {1 11 as •t r� / - -� i fs•• 7 i - 1 _ • • .. T. \.\ ; 1 I I • 5 g., a cl- .....x•1--:--,-•-• ..:-.- ‘11‘c• . A_„.e,-_:•0`'•--,. .- -,i-_-u-_-"_ -- . • • • , . >,.7 .,... ....'. .........'''''T . . / \ : f/T-- , ! ." .,''' ,,/ -*•___L____-.----,--..._____,--_,:„... -- - iy f 3 u . Attachment "B" „i. M E M O R A N D U M ' TO: RIM JOHNSON, PLANNING DEPARTMENT. D FROM: LARRY BALLENGER, DIRECTOR OF ATER lAY MAY. 11991 DATE: MAY 1, 1991 �! • SUBJECT: SI JOHNSON DITCH The Si Johnson Ditch originates in Castle Creek about one-half mile upstream from the Golf Course. The first evidence of the ditch appears in a 1926 Warranty Deed from Silas Johnson to John Hoaglund. DECREE Priorities 422 and 435 for 3 .5 and 2 . 0 CFS were decreed on CA 3082 on May 6, 1935, and were given a January 10, 1926, and a May 1, 1932 , priority dates, respectively. Statement of Claim was for the irrigation of 125 acres_ and decreed irrigation only. A July 6, 1976, Title opinion by City of Aspen Water Counsel concluded that the City of Aspen owns 1/2 of both Si Johnson priorities. In 1937 , the City of Aspen conveyed . 2 CFS to the United States to be used on government property in. Blocks 9 and 10. The conservative view is that the City conveyed .2 CFS out of the more senior priority 422 . The Aspen Institute for Humanistic Studies owns the other 1/2 of the Si Johnson Ditch. The ownership of. both priorities is broken down as follows: PRIORITY 422 PRIORITY 435 City of Aspen 1.55 CFS 1. 00 CFS Forest Service .20 CFS Aspen Institute 1.75 CFS 1. 00 CFS 3.50 CFS 2. 00 CFS The City owns the right-of-way for the Si Johnson Ditch. This right-of-way permits the City access to the Ditch for cleaning, maintenance and the performance of Ditch improvements. This issue previously came up in March of 1977. At that time, the Aspen Institute was planning additional development. Enclosed is a letter from John Musick suggesting that the City acquire these water rights as part of the service agreement. • 4 MEMO TO KIM JOHNSON PAGE TWO MAY 1, 1991 WATER RIGHTS DEDICATION To insure an adequate legal supply of water, it must be the City's policy to require the dedication of water rights upon annexation, subdivision, or upon the extension of treated water service. This is per Code of the City of Aspen. The water to be dedicated should equal the potential demand on the municipal utility, and all dedication should be made at the time of a service commitment. Unless the amount of water dedicated exceeds the treated water requirements (providing the water rights are of sufficient legal quality) , it should be the policy of the City to permit the water so dedicated to be used on the property that is not yet developed. If City facilities are used to convey water for this purpose, the use of the water, should be granted by an agreement with the City pursuant to a. raw water carriage rate. In the event that City structures are not used, a lease-back contract should be executed; and, the charge for water would be at the existing carriage rate. CARRIAGE RATES Carriage rates are established to allow the City to recover capital, operation, and maintenance expenses associated with the delivery of raw water from a City owned facility in which raw water rates are not charged. Carriage rates most commonly apply to water . users who dedicate water rights pursuant to the water rights dedication Ordinance (23-56, Paragraph G) , in excess of dedication requirements for treated water use. The - City may also allow a water user who has dedicated water right to utilize those rights for their historic purpose until such time as they are needed for municipal use. This continued use promotes beneficial use, prevents abandonment, and could be covered by carriage rates. The City could grant a raw water tap to a City owned raw water facility and charge a carriage rate for the conveyance of water rights which the City does not own. If the water right being used through a raw water tap is owned by the City and conveyed through a City owned facility in this situation, the customer would pay both a raw water rate and a carriage rate. I am sure a simple agreement/contract could be established to satisfy the desires and/or requirements of the City and the Aspen Institute. Water Conservation and the proper use of all waters is a priority with the City. The City does not intend to remove these rights from their intended use, but insure that they are fully utilized to their fullest potential. LB: 11 cc Carol O'Dowd, City Manager Jed .Caswall, City Attorney Bob Gish, Director of Public Works • • `' LAW OFFICES OF • - • VRANESH GEORGE VRANESH RANESH AND MUSICK GLENWOOD SPRINGS OFFICE JOHN D.MUSICK.JR. - 1011 GRAND AVENUE 2120 13TH STREET P.O.BOX 1388 STEPHEN T.WILLIAMSON P.O.BOX 871 GLENWOOD SPRINGS.CO.81601 WAYNE B.SCHROEDER BOULDER, COLORADO 80306. TELEPHONE 303/945-7647 ALAN E.SCHWARTZ TELEPHONE.303-463-6151 • RICHARD L.FETTER - • • LOYAL E.LEAVENWORTH March .9, 1977 • JOSEPH A.COPE 'Glenwood Springs • OF COUNSEL AI s DAVID P.PHILLIPS J ✓J/� • Mr. Philip S. Mahoney, City Manager City of Aspen 130 South Galena Street Aspen, CO 81611 Re: Si Johnson Ditch/Aspen Institute Dear Mick: • • With the renewal of negotiations regarding the approval of a development plan on the Aspen Institute, I would like to once again suggest that one condition for approval of the development plan be the conveyance of all irrigation and other water rights on the Institute land to the City. In return, the City would then provide the irrigation water to the Institute at an irrigation rate of $100 per acre. I believe the Institute owns. at least some Si Johnson Ditch water and perhaps other water rights in, the form of wells or . ponds. Hopefully this suggestion can be implemented as a - result of the negotiations. Very truly yours , VRANESH AND MUSICK By John D. Musick, Jr. By L yal E. Leavenworth • LEL/J . cc : es J. Markalunas • • • rtruct Ion, and Priority _'o. 435 under a y virtue of the First and rst Enlar ;ement thereof. • The claimants of said ditch are John P. • Hoa livid and -the City of Aspen. Said ditch is used for irrigation • purposes and takes. its supply of water from Castle Creek in PitkiT • County, Colorado. The head •ate' is located on the right bank of • said creek at a point whence the quarter section corner on the =Forth side of Section 13, .Township 10 South, Range 85 West of the 6th P.. B:. ; bears North 42°- 15,. East 1630 feet distant It..•is hereby ordered, adjudged and decreed that there . be alloved to flow into said ditch from said Castle Creek for the use aforesaid and for the benefit of the parties lawfully entitled. thereto, under and by virtue of appropriation original.r by construe- • ticn, Priority No. 422, 3. 50 cubic feet c fees of water per second of • time relating back to and co,tin=: from the 10th day of J ;u a ary, A. J. 1926. • . It is further ordered, adjudged ard, decreed that there be allowed to flow into said ditch f om said creek for the use and benefit aforesaid, under and by virtue of the appropriation by Firs;, —nlarge: e nt , i _or ? i � -' +,- ',;o. 435, two cubic feet of water per • second of time relating- back to and datinc: from the 1st. day of May, A. D. 1932. • It is .further ordered, adJ ud.ed and decreed that said • Priority .•;o. 422 hereby awarded, to the extent o • of"' 3: 50 cubic fee t of rater per second of time, and said Priority No. 435 hereby • awarded, to `the extent 0f 2 cubic feet of water per second of time , are hereby made abolute • • i) • • • a � 1irtbs • • • • • • • • • ` r • It is further ordered, ad jud-ed and deuced by the Court that the total amount of water to which said ditch is at present entitled is computed at 15 cubic feet of water per second of time . • • • • • • • • • • • • i - ,./.- - 4�', 11�• '" •-LOT 4 . /0/ t Attachment. "Ct... Land • l / -- . Dnservation '; Z1�� i (jz: / ,� � r1tt // •/ _ /, i' 1 ! t is / \ r 1• ( Proposed poc yi. � IVT5 / 1 ' , -: is , / 1 � , i r , '- ,. 1 , , , , , ,�• 'Proposed'•few Townhouse Units - '� ? :iy /+ // /�/11. : ..... ; 1 � 11 4t1 •1�l%. ,. i • / '� \ 1 1 is I •vexed Parking — — �— ' 1.2 �� „ `` 1\ `\ .• Spaces r �li I t _.\,..... , ii.-+ • . % ■• (CtC1') ' \Parking p ....,....4 it •` ' \ ` . '■� ' 1 'lea "`` ��� --:\` \.`♦,\'Z.` �..._ .emodeled . 1 ' M■ \� - ,� 4,- rustee Townhouses 1��1� . -___- -1 Parking Spaces .,,L \ o b _- - „ , .. ) . , . ,....„ .1.., , \ ,.: „, 14 ,.._, . • few Townhouse Unity - . 12,./ '1 . - ' ;or.- x II -',-..>:., - ,- \:%...1.1 i \• Meadows Building Addition_ --�-; ' ' `�. ; ���•I \ Restaurant j _ _,. '• tiff �► i ;Proposed Deck - j 1����L� 2 Trail Easement —_— '--= ' ' �f b �S� Centerline of Proposed _— _ n Q /■ to o Grade Max. '. Public Bicycle Trail 1 !� r\ . (( ., ,• 'LoT °� , � , 1 LOT 1 7 New Townhouses ,___;__J.__ i� a� �mow=NMI I Stop Sign ,. I �i = .Storage--- jCovered Parking l .Spaces ��` , iq ; 1 ; -, -; �•.�� / Additional l5arking 7 Spaces�_—__-�.` �L 1 ; --1 ,, \ . —nl ■■�:�,� ° Ivy 1 1 Pro Sho.p;�: ��.w I j 1-1 / c .. , "- .. l • 4 Caution Caution Cross Traffic • ., _.. Linestoi Tennis Courts relocated ____ 1,. :' - , ; Iv 97 Spaces �_� • • Vi 1 1 • b 7-- Ga CITY . >>.,gt, SPEN \, . --- .. 1 i .e, tC1al ,o , eet■c\ • Col:ratio.' . = 1 30 ;i'•-0A r C 'k: ney MEMORANDUM DATE: May 7, 1991 TO: Mayor and City Council FROM: Jed Caswall, City Attorney L RE: Ordinance No. 13 (Series of 1991) , Land Use Code Amendments Relevant to Aspen Meadows SPA Development. Some very minor changes have been made to the above-identified ordinance since you last voted to approve same on first reading. The changes consist of the following: 1. Section 2 , adopting new Section 5-220. 1, "Open Space" (page 3 of the Ordinance) , at paragraph "A. Purpose. ", has been amended by adding the word "developed" between the words "lesser" and "or" , so that the new phrase reads, " . . . lesser developed or undeveloped areas within the city . . . " . 2 . As explained at the first reading, Section 5 of the Ordinance (page 5) sets forth a proposed repeal and reenactment of Section 8-104 (c) (1) (b) of the Land Use Code. The changes in the proposed reenacted section from the current Section 8-104 (c) (1) (b) are in bold print. The bold printing was absent at first reading and it has now been added for clarification. There are no further suggested changes at this time. EMC/mc cc: Planning Director Kim Johnson recycled paper .i • Oa VtZLc4. i CITY$ 0 ASPEN VV O O 060 e% a 130rsorut'h gate=na'. -treet a s p e, coo l�o� a°d o.�81611 303--92,5.12020 MEMORANDUM DATE: May 8, 1991 TO: Mayor and City Council FROM: Jed Caswall, City Attorney 6 RE: Ordinance No. 14 (Series of 1991) , Aspen Meadows SPA Devel- opment Approvals. As with Ordinance No. 13 (Series of 1991) , I have made some minor changes to the above-noted proposed ordinance. These changes are as follows: 1. On page 5, numbered paragraph "4" , the words "the Plan" have been inserted between "and" and "creatively" , so that the new phrase reads, " . . . and the Plan creatively employs . . . " . 2 . On page 7, numbered paragraph "12", the word "on" in the last line has been changed to "within", so that the new phrase reads " . . . raw water for irrigation use within the devel- opment . . . " . 3 . At the request of the City Engineer, a new condition of SPA development approval has been added at new paragraph 16, page 8 of the Ordinance, to read as follows: Prior to issuance of any building permit, a drainage mitigation plan for storm water run-off during con- struction activity shall be submitted and approved by the City Engineer so as to insure against or minimize run-off into Castle Creek and the Roaring Fork River. 4 . On page 12, numbered paragraph "3", the words "prior to" have been substituted with "simultaneously with" , so that the new phrase reads " . . . shall be effectuated simultaneously with the City' s approval . . . " . 5. On page 16, numbered paragraph "1" , the figure "49 , 520" has been corrected to "42,410" . • Memorandum to Mayor and City Council May 8, 1991 Page 2 There are no other changes at this time. EMC/mc cc: Planning Director Kim Johnson, Planning Office City Engineer 3 • MEMORANDUM TO: Mayor and Council THRU: Carol O'Dowd, City Manager THRU: Amy Margerum, Planning Director FROM: Kim Johnson, Planner DATE: May 28, 1991 RE: Aspen Meadows Final SPA Continued Public Hearing, Second Reading of Ordinances 13 and 14, Series 1991 SUMMARY: The City Council held a continued public hearing on May 20 on the Aspen Meadows project. Discussions related to Ordinance 13 (containing the proposed code amendments) were concluded on that date. Council also directed staff to make further study of several issues under consideration within Ordinance 14, which establishes approval for the Final SPA, Subdivision, and the other related reviews. This memo provides Council with the language updates it requested. Revised Ordinances 13 and 14 (with amendments discussed by City Council) are attached. ISSUES: Public Access into the Meadows (Time of day and locations) : The Applicant stated that they will offer public access to the racetrack area but only during daylight hours. Condition #10 of Section 2 reflects that an easement around the racetrack shall be added to the final plat. The current language in Section 2 #29 states that "public pedestrian access shall be allowed at all reasonable hours throughout the entire A, OS, and WP zones of the Aspen Meadows development, subject to reasonable regulations as imposed by the owners thereof in order to protect their property and the health and safety of users and visitors. " Staff has considered changes to this language but recommends that it remain intact, especially regarding "all reasonable hours. " In considering the Applicant' s concern over interruption of outdoors Institute activities, Planning and Legal staff has reworded condition #28 to read: "Public pedestrian access shall be allowed at aH reasonable hours throughout the entire academic (A) , open space (OS) , and wildlife preservation (WP) zone district areas of the Aspen Meadows development, subject to rea rtable regulations as established ittpesed by the owners thereof in order to protect their property, as well as the academic privacy and serenity of the campus, its programs and users, and the health and safety of other users and visitors. " • Trails: At the May 20 meeting, staff presented an alternative location for a multi-use trail accessing the river bottom area. This would call for extending a pedestrian access easement along the service road to the Health Club and constructing the trail on the old road bed. The Council directed staff to further study the trail location opportunities. Another site visit took place on Friday May 24 . Participants included Meadows project representatives, Planning and Engineering staff members, Parks Department trail supervisor Patrick Duffield, and Neighborhood Advisory Committee member Richard Compton. We looked at the terrain in the area below the Health Club and the vicinity of the trail alignment as it is proposed below the Trustee Townhomes. Both alignments will require fairly steep grades with retaining structures. However, until detailed study of both sites take place, it cannot be determined the real impacts to each site and accordingly, estimates of trail construction. A couple of interesting points were made by Richard Compton resulting from the visit. He noted that much of the regrading work needed for the northernmost trailhead could be associated with the site grading work for the two new Trustee Townhomes. Also, the flat park-like area below the tennis townhomes and restaurant would best be left in its current open grassy state, rather than bisected with a paved trail. It would then function as a destination for passive enjoyment rather than a trail corridor. It was agreed that both steep trail portions would require signage for bike walking only for safety reasons, as the width. and switchback configurations will create bike/pedestrian conflicts. Until such time that enough information (e.g. � drawings, specs, cost estimates) is compiled, staff proposes that "blanket easements" be granted for both areas. This would allow approval of the Meadows to occur on schedule and would also allow adequate design time for final evaluation in the near future. Staff proposes that the final alignment be determined by City Council, as the City will be responsible for installing and maintaining the resulting trail. Please see Attachment "A" for comments from City Engineer Chuck Roth. Water Improvements/Ditch Rights: Water Director Larry Ballenger submitted new language for condition #13 of Section 2 of Ordinance 14 . It clarifies what the development will construct and to what standards . Larry has submitted additional information (Attachment "B") which states that the City will not accept these Meadows waterline improvements into the public water system as originally worded in the condition unless the City receives (at a minimum) a waterline easement over to the Black Birch neighborhood for a looped water main. The original request from the Water Department at the beginning of Final SPA review was for the Applicant to construct this line over to Black Birch. The Planning Commission was uncomfortable with this condition and deleted it from their approval resolution. The requested 2 • • language read: "The developer will install an 8" interconnect line from the northwest section of the proposed water system installation to the existing City water main in Black Birch Drive. " The Water Department still wants the installation of this line. If this is not possible, an easement should be obtained for the line within this SPA approval. Regarding the Si Johnson ditch rights dedication to the. City, staff is seeking further counsel from John Musick. Larry will be bringing further information from the Water Management Plan to City Council. 6-Month Minimum Lease Waiver for the Condominiums as an SPA Variation: Staff has noted previously that we are concerned with granting a waiver of the six-month minimum lease restriction for the townhome units at the Meadows due to the fact that they were scored by the Planning Commission under the residential (not lodge) Growth Management Quota System (GMQS) . The land use code allows City Council to grant a minimum lease waiver under the SPA provisions. Staff is not objecting to the waiver of the lease restriction per se, as short-terming the townhome units has been represented as a goal of the Aspen Institute in the summer months as a way to increase the summer bed base for the Institute. The use of the townhomes during the summer in particular has been a continual part of the application from the Master Plan forward. If City Council waives the six-month minimum lease restriction it should be accompanied by the following finding which staff has incorporated in the final Ordinance as new #3 of Section 6: " The GMQS residential scoring considered and reflected the waiver of the six-month minimum lease requirement as set forth in the applicable condominiumization regulations. " Insubstantial Amendment for the Restaurant/Administration Building: Staff had indicated that the proposed 2, 000 square foot expansion to the restaurant building was not part of the Master Plan or the Conceptual SPA Plan. If amendments to the Master Plan were sought, it was determined that the amendments would be considered to be substantial or insubstantial based on the SPA Amendment criteria found in Section 24-7-804 E. 1. Any insubstantial amendments could be approved by the Planning Director. 3 • • The Applicant submitted documentation (Attachment "C") which was . reviewed by staff and found to meet the insubstantial criteria. The Planning Director has signed the appropriate approval document (Attachment "D") . Front Yard Setback Variations for the Single Family Lots: Staff felt that the potential exists for each of the four single family homes will be built on the minimum allowable front setbacks. HPC was concerned that a "wall" of structures would be created along the north side of new Meadows road as one enters the Meadows area. In order to lessen this effect, the HPC recommended that the front setbacks be staggered. In its May 13 memo, Planning staff recommended that front setbacks be reduced by SPA Variation to 20 feet from the R-15 requirement of 25 feet. By combining HPC's concern and Planning's earlier suggestions, staff now proposes that two of the four lots have their front setbacks moved forward at least five feet. This staggering of structures would be consistent with existing development in the West End residential neighborhood. Staff recommends the addition of a new paragraph 20 in Section 13 reading: 20. The front setbacks on two of the four single family lots shall be reduced from 25 feet to 20 feet. HPC Approval: The HPC granted Final Development approval for the residential portion on May 8, and the academic and music portions on May 22 , with conditions. Ordinance 14 has been revised to include these conditions in Section 2 numbers 29, 30, and 31. Seven and North Streets Intersection Design: The issue was raised at the last Council meeting for the need to have three stop signs at the intersection as proposed at that date. Chuck Roth has since had further discussions with Meadows traffic consultant Bob Felsberg. Attachment "E" is a memo from Chuck with attached sketches from Mr. Felsberg. If the curve into the Meadows is straightened a bit to the north to reduce stop signs, the proposed easternmost single family lot (and perhaps the adjacent one) will have to be moved further into the racetrack by approximately 20 feet. Both engineers feel that the current configuration will require three stop signs. The Planning Commission wanted a smooth flow into the Meadows along the new road rather than a stop and go intersection. Planning staff is concerned about moving the lot(s) any further into the racetrack. As Chuck mentions, some of the impacts of a new intersection designs could be accomplished, but with greater cost to the applicant. Planning staff recommends adopting the redesign only if the cut and fills can be accomplished without moving the lot(s) any further into the racetrack. Winter Use: Concern over year-round use of the Rehearsal Hall 4 • was raised at the last Council meeting as well as from recent citizen comment to the Planning Office. The Council may want to condition any winter use of the facility to require plowing of the parking lot(s) to help insure that parking does not occur along the neighboring streets. Restriction on Manicured Lawns: Condition # 24 in Section 2 of. Ordinance 14 states that "new manicured lawns shall be minimized to the maximum extent possible, except in those areas adjacent to the Music Tent, and such areas must be depicted and approved on the final plat. " In discussions with staff, the applicant did not agree with this platting requirement, feeling that this will unjustly limit expansion of lawn or creation of Anderson Park type landscape areas. Staff feels that this condition should remain. Any changes of this sort contemplated by the Meadows would require an SPA amendment review anyway and consideration would be given on a case by case basis. Single Family Residence Covenants: Staff would like to add a condition that requires the homeowner's covenants to be included in the Subdivision Agreement which is filed with the County Clerk. If Council agrees, staff will add this condition to the Subdivision conditions in Section 5 of Ordinance 14 . CITY MANAGER COMMENTS: Attachments: "A"- May 24 Memo from Chuck Roth on Trail Easements , "B"- May 22 Memo from Larry Ballenger "C"- May 17 Letter from Larry Wells "D"- Planning Director Approval of Insubstantial Amendment to the Meadows Master Plan "E"- May 23 Memo from Chuck Roth Discussing Intersection Design jtkvj/meadows. final.cc5.28 5 • • (.2,41,,,J 5 // 1:2) • /z-/ Joseph Wells Attachment "C',' Joseph Wells,AICP Land Planning and Design • May 17, 1991 Ms. Amy Margerum Director, Aspen/Pitkin Planning Office 130 South Galena Aspen CO 81611 Dear Amy: My letter is to respond to your request for additional information regarding the reorganization and minor (2000 sq.ft.) expansion of the administrative building at the Aspen Meadows. These changes result from a technical programming consideration not fully anticipated during the City's process of adopting the Master Plan. As you may be aware, in recent years the lodge facilities at the Aspen Meadows have been operated predominantly by off-site management at the Grand Aspen Hotel. It is now anticipated that management responsibility will be shifted back to the site and expanded. Services such as the shuttle, valet parking and bicycle rental programs will , , require expansion of administrative areas. This will, in turn, compound the present summertime problem of serving meals to the Institute's participants, who break from seminar sessions at about the same time. In recent years, dining has spilled over into areas formerly used as administrative space and meeting rooms, but this will not be possible in the future because of the anticipated expansion of management functions. We believe that these changes qualify under the provisions of §7-804(E) as an Insubstantial Amendment of the Final SPA Development Plan. Specifically, these modifications to an accessory use at the Meadows does not constitute a change in the use or character of the development, does not increase the overall coverage of structures, does not substantially increase trip generation or the demand for public facilities, does not reduce approved open space, does not reduce off-street parking or loading space, does not affect street or right of way widths, does not increase the gross leasable floor area of commercial buildings by greater than 2%, does not affect residential density, is 130 Midland Park Place,Number.F2 Aspen,Colorado 81611 Telephone(303)925-8080 Facsimile(303)925-8275 • • Ms. Amy Margerum Director, Aspen/Pitkin Planning Office May 17, 1991 Page Two not inconsistent with prior conditions of approval or the applicants' representations and does not require the granting of further variations from approved uses or dimensional requirements. We therefore request your acceptance of these modifications as an Insubstantial Amendment to the Final SPA Development Plan, subject to .sign-off by the Planning Director. If you would like additional information, please contact me at your earliest convenience. / Sincerely,) t J Joseph Wells, A ICP_ JW/b • • Attachment "ii'..' MEMORANDUM TO: CITY COUNCIL THROUGH: CAROL O'DOWD, CITY MANAGER THROUGH: KIM JOHNSON, PLANNING DEPARTMENT FROM: LARRY BALLENGER, DIRECTOR O1 WATER DATE: MAY 22, 1991 SUBJECT: ASPEN MEADOWS I am again requesting that the applicant/developer of the Aspen Meadows, at the very least, convey an easement to the City for the future construction of an interconnect line to the Black Birch area. I have requested this numerous times, but, my request was deleted from the proposed Ordinance 14. The existing water systems serving the Aspen Institute are private water mains. They are on private property and serve only that development and provide no benefit to the City as distribution mains. The proposed water systems are in the same category. This is the reasoning behind the language change in proposed Ordinance 14, Section 2, Paragraph 13. (See Attached) My original proposal/request was for the applicant to install, at their expense, an interconnect line to the Black Birch area. The City would then accept the entire Aspen Meadows proposed system as part of the City's distribution system and assume maintenance thereof. Without the Black Birch interconnect line, the proposed Aspen Meadows system should remain a private water system serving only that • development. I would again submit to staff that language be placed into Ordinance 14 requiring an interconnect line to be installed from the proposed Aspen Meadows system to the Black Birch line. LB:II cc Jed Caswall, City Attorney o • • M E M O R A N D U M TO: RIM JOHNSON, PLANNING DEPARTMENT FROM: LARRY BALLENGER, DIRECTOR OF WATER DATE: MAY 21, 1991 SUBJECT: ORDINANCE 14 The following is the new language requested by Mayor/Council at the Monday, May 20, 1991, Council meeting pertinent to Proposed Ordinance 14, Section 2, Paragraph 13, Page 7. The Developer shall install, at its own expense, a water distribution system to meet the domestic and fire suppression requirements of the development. The water distribution system shall meet the engineering/design and construction standards established by the City. The developer shall pay all tap fees according to City Codes for the development. The water system shall remain the property of the Aspen Meadows and all costs associated with the maintenance and upkeep of the system shall be the responsibility of the Aspen Meadows. LB: 11 cc Carol O'Dowd, City Manager Jed Caswall, City Attorney • • • 1110 • FELSBURG HOLT&ULLEVIG • ROBERT W. FELSBURG, P.E. Principal EDUCATION: B.S., Civil Engineering, Pennsylvania State University M.S., Civil Engineering, Pennsylvania State University PROFESSIONAL Institute of Transportation Engineers AFFILIATIONS: Consulting Engineers Council of Colorado REGISTRATION: Professional Engineer, Colorado Mr. Felsburg, Owner/Principal, has over twenty years of experience in the management and conduct of numerous major transportation studies, plans, and engineering projects throughout the United States while working for two nationwide consulting firms. These projects have required a broad range of skills in transportation planning,design,traffic modeling,traffic engineering,and transit planning, and many have required successful supervision of multidisciplinary project teams. Representative projects in which Mr. Felsburg has been involved include: o Project Manager; U.S.85 Corridor Study from Greeley to Brighton. Develop an access control plan for nearly 50 miles of this interregional facility and assess alternatives to upgrading this roadway to freeway/expressway standards. o Project Manager; W-470 Corridor Study to assess the need and the desirability of a proposed freeway and to select a preferred alignment for this future roadway serving from 1-70 to I-25 in the northwest quadrant of the Denver metropolitan area. o Project Manager; Wadsworth Boulevard Corridor Study for the Colorado Department of Highways to develop short-range (immediate) and long-range (year 2010) improvements to enhance the capacity and safety of Wadsworth Boulevard throughout its nearly 30 miles in Denver. o Project Manager; E-470 Alignment and Funding Study to identify a preferred alignment for a proposed circumferential road around the eastern half of the Denver metropolitan area. o Project Manager; revised Transportation Master Plan for Castle Rock, a town in Douglas County expected to grow ten-fold over the next 20 years. o Project Manager; operational and safety analysis of six miles of Colorado Boulevard, a major arterial in Denver, Colorado. o Project Manager; Access Control Demonstration Project in Denver for the Colorado Department of Highways to develop access control plans for nine miles of suburban arterials and to establish procedures for evaluating the effectiveness of access control. o Project Manager; assessment of statewide policy alternatives to reduce transportation energy consumption for the Colorado Energy Research Institute. • • ROBERT W. FELSBURG, P.E. Page Two o Project Manager; feasibility study and environmental assessment for I-25/Dry Creek Road interchange in southeast Denver. o Project Manager; U.S.6 Corridor Plan in Golden, Colorado to identify long-range circulation needs in this rapidly developing corridor. o Project Manager; visitor transportation plans for four National Parks located in New Mexico and in Texas. o Project Manager; transportation planning for numerous ski resort areas, including Aspen, Snowmass, Breckenridge, Copper Mountain, Steamboat Springs, Wolf Creek Valley, and Fraser-Winter Park in Colorado; Squaw Valley in California; and Panorama Mountain and Lake Louise in Canada. o Project Manager; Wyoming State Rail Plan developed to help the State of Wyoming deal with future rail impacts due to significant energy development growth. o Project Manager; bridge feasibility study in Fargo, North Dakota to assess the need for additional bridges across Red River and to evaluate alternative potential locations. o Project Manager;preparation of Bismarck/Mandan,North Dakota regional street and highway plan. o Served as Principal Instructor of FHWA-sponsored courses on"Design of Urban Streets"and "Access Management for Streets and Highways" taught across the country. • 411 • Attachment "A" MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer C ' Date: May 24, 1991 Re: Meadows - Trails, Public Access, Rights-of-way As we have discussed, the engineering department recommends that large envelopes be obtained for specifically sized, 20 foot wide easements, such that said easement may be located at final trail design at any location within the large easement envelopes. The engineering department recommends obtaining easements for both the health club trailhead and the restaurant trailhead. The engineering department has previously .expressed concern over the general philosophy of public rights-of-way in the project. Due to various previous land use projects within the city, the public is increasingly faced with landlocked access where access should be public. The public is faced with a private road at Sneaky Lane where, together with trail easements obtainable with the Meadows Project, there could have been a trail and street combination along Castle Creek from the city shop to the confluence with the Roaring Fork. Sneaky Lane should probably have been a publicly dedicated right-of-way. The public is faced with landlocked portions of trails at the Aspen Club, also known as Callahan Subdivision, because the roadways in the subdivision are private and should perhaps have been public. There are also private roads at Aspen Chance Subdivision which may prove to have been desirable as public rights-of-way for public access to points beyond. In summary, the engineering department recommends that further consideration be given to all roadways within the project site being built within dedicated public rights-of-way. cc: Bob Gish, Public Works Director Amy Margerum, Planning Director cr/M91. 136, r - S ; eSENDER: Co(^'te items 1 and 2 when additional services are der and complete items 3 and 4. \i Put your address in-the "RETURN TO" Space on the reverse side. Failure to'do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box(es)for additional service(s) requested. 1. PE'Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery T(Extra charge)T t(Extra charge)t 3. Article Addressed to: 4. Article Number `p-4438 -1d-DE3- 338 dh u,)Q ,y Typo of Service: k7L 1 �(� ��, ��� L Ceyistered ❑ Insured u LET Certified ❑ COD k I 60 8((0(( ❑ Express Mail Always obtain signature of addressee or agent and'D' a LIVERED. 5. Si' at e—Add -ssee 8. Addresseg's"A.: = ONLY if X , / • •�' requestO ee p.r,) 6. Signat '—Agent 4..-J., 7. Date of Delivery -cs `µ�"'=1 �.° •-....---212) PS Form 3811, Mar.1987 *U.S.G.P.O.1987-178-268 DOMESTIC RETURN RECEIPT 1 St)o-9 / MEMORANDUM TO: Amy Margerum, Planning Director FROM: A.J. Zabbia, Jr. and Kevin O'Connell DATE: May 20, 1991 RE: OVERVIEW OF STORMWATER QUALITY REGULATIONS AFFECTING THE ASPEN MEADOWS The applicant feels there has been misinformation and misconceptions concerning the 1973 Urban Runoff Management Plan, the Water Quality Act, and stormwater in general that affects the Aspen Meadows, particularly the Race Track area. We have prepared this memorandum in an attempt to clarify and correct the record. The memorandum gives an overview of the stormwater regulations affecting the Aspen Meadows on the federal and state levels and generally addresses impacts on the Race Track area. I. FEDERAL Stormwater quality was first addressed on the Federal level in the Water Quality Act of 1987. As a result of the 1987 Act, the EPA published proposed regulations on December 7, 1988. These proposed regulations were published as final rules on November 16, 1990. The rules require medium (pop. between 100,000 and 250,000) and large (pop. over 250,000) municipalities to apply for stormwater discharge permits. The application process is complex and consists of two steps. Step 1 is descriptive in nature. It consists of identifying discharge points, providing system mapping and identifying existing stormwater programs. Step 2 requires greater detail of information provided in Step 1 . In addition, Step 2 requires quantitative monitoring of stormwater and submission of a proposed stormwater management plan. Proposed stormwater plans submitted by each municipality must consist of BMP's (best management practices) proposed to generally improve stormwater quality. Under the Act small municipalities (pop. under 100,000) are "exempt" from the application until October of 1992. Whether small municipalities are required to proceed the same as medium and large municipalities is unclear at this time. A procedure for small municipalities was not set by the Act. It is generally anticipated that the EPA will issue additional regulations (or adjudication) clarifying this issue, and that a time extension will be granted for small municipalities. It is important to note that the Water Quality Act of 1987 is a permitting and monitoring act. It does not contain quantitative discharge standards for doLeonard Rice Consulting Water Engineers,Inc. ' • • MEMORANDUM to Amy Margerum, Planning Director May 20, 1991 Page 2 stormwater runoff contrary to comments made by others. There are no current standards. The intent of the Act appears to be assessment. If problems or stormwater "hot spots" are identified during monitoring, they will be addressed on an individual basis. However, this does not preclude the EPA from issuing discharge limits or standards-at some time in the future. Some argue that since permitting is implemented under the NPDES program, effluent standards are implied. While the public awaits resolution of this issue, it should be remembered that the rules, in their present state, do not set, adopt or reference any quantitative standards or effluent limits for municipal stormwater. The EPA is mindful of the impacts of the Act. The public comments to the regulations, as proposed in 1988 are approximately 3000 pages in length. The economic impacts of monitoring alone are significant. Personnel and consultants must be employed to map existing systems, collect samples, run tests, analyze data and file paperwork. If effluent limits are imposed, the potential costs are endless and would include new collection systems, land acquisition, design, construction and maintenance of treatment facilities. The EPA must adopt a consistent and realistic policy and address the existing issues for large and medium sized municipalities. With these outstanding tasks, it is doubtful that small municipalities will be affected for some time. II. LOCAL The City of Aspen's Urban Runoff Management Plan was compiled by Wright McLaughlin Engineers in 1973. While addressing the traditional stormwater issues of volume and flooding, it also addressed the issue of stormwater quality. Acknowledging that no stormwater standards or limits were in existence at the time (Pgs. V-1 , VI-4), the Plan adopted the discharge standards for sanitary sewage and applied them to stormwater. In fact the Plan recommended piping stormwater to the sanitary sewage treatment plant as a method of treatment. However, since the Plan was conceptual in nature, design studies were not done. The Plan was a series of proposals which maintained a "wait and see" attitude. For example, regarding stormwater diversions from Hallum Lake to prevent nutrient pollution, the plan stated: "If the nutrients contained in the runoff were later found to be desirable for Hallam Lake, the runoff could be redirected to the Lake". Plan at VIII-3. Also in referring to the Aspen Institute detention area and transport system, "It is quite possible then that once these swales and the detention ponds are built, the resulting storm runoff quality will be significantly improved as to obviate the need for further d() Leonard Rice Consulting Water Engineers,Inc. • • MEMORANDUM to Amy Margerum, Planning Director May 20, 1991 Page 3 treatment". Plan at VIII-7. From statements such as these, it is clear that the Plan was a series of proposals, not to be taken as the final word in stormwater quality. Many changes have taken place since 1973. Changes in attitudes toward growth and growth control, development, housing, environmental values and engineering technology have been significant. These changes, in addition to Federal attention to stormwater quality, make the Urban Runoff Management Plan obsolete. The study should be used as a general guide and should not be followed blindly without considering the changes that have occurred. III. Potential Impacts If the applicant is required to provide the detention area easement as requested by the City Engineering Department, there will be significant impacts on the Race Track area. The impacts will be construction, operation, and maintenance of the stormwater facility. A. Construction The applicant is requesting that the detention facility and inflow/outflow channels be subsurface. The race track area is vegetated with sage and other arid type vegetation. Even though the actual construction will be disruptive, this vegetation can be reestablished on top of an underground structure. A surface stormwater facility will completely change the character and environment of the Race Track area. Intrusion of stormwater may eventually create wet habitat once the porous underlying material is clogged and sealed off by transported sediment and trash. Wildlife will be displaced and the habitat permanently changed by a surface detention area. The surface will be marked by control structures and riprap channels to control flow and prevent erosion. B. Operation During the operation of a surface detention area, the constant flow into the area will discharge sediment and trash. di) Leonard Rice Consulting Water Engineers,Inc. S • • MEMORANDUM to Amy Margerum, Planning Director May 20, 1991 Page 4 It is difficult to "phase" ponds for different storms as the Engineer staff contends to keep the majority of the stormwater out of the Race Track and sage areas because of the great volume of water generated during snowmelt. Also there is no guarantee that rain storms will not frequently introduce stormwater into the sage area. 25 year storms are not uncommon in the Rocky Mountain region, and several 25 year and 50 year storms can occur in one year (see pages IV-8 - IV-15). C. Maintenance Whether a stormwater detention area is surface or subsurface, it must be regularly maintained to perform as designed. By the sheer nature of stormwater, sediment, trash, hydrocarbons, and pesticides are transported and deposited in one form or another in the detention areas. The maintenance entails cleaning and disposing of sediment and trash deposited by the stormwater. Lack of regular maintenance will produce an unsightly odoriferous mud pit. There is no doubt that it is easier to maintain a surface rather than a subsurface detention facility. If however, vegetation and aesthetics are a consideration, maintenance of a surface facility will have much greater impacts than a subsurface facility. Periodic scraping of sediment and trash, traffic in and out of the area, and routine surveillance will greatly damage or destroy existing vegetation. Phasing of ponds will only create several ponds to maintain by cleaning and scraping rather than having only one area disturbed. Again the applicant wishes to state for the record that we feel that placement of a detention area in the Race Track area is completely out of character with the aesthetics and overall scheme of the Aspen Meadows. If, however, the applicant is required to grant this detention easement, we strongly suggest that it be a subsurface easement. cc: Perry Harvey Gideon Kaufman doLeonard Rice Consulting Water Engineers,Inc. � r S • c-I,cd 91 ASPEN VALLEY IMPROVEMENT ASSOCIATION P.O. BOX 3016 ASPEN, COLORADO 81612 TRUSTEES (303) 925-6275 MARJORIE STEIN,CHAIRMAN JOHN MCBRIDE,PRESIDENT JEANNE JAFFEE,SECRETARY JANICE COLLINS,TREASURER FRED DAVIES DON ENSIGN DONNELLY ERDMAN BETSY FARVER MARC FINKLE MARC FREIDBERG TED GOUDVIS CONNIE HARVEY HOWIE MALLORY ROBERT MAYNARD JOHN SWEENEY CHUCK VIDAL To: Mayor William Stirling and Members of Aspen City Council From: The Board of Trustees Aspen Valley Improvement Association Date: May 28 , 1991 On September 24 , 1990 , Aspen Valley Improvement Association sent the attached letter to the members of Aspen City Council and the Planning and Zoning Commission. We outlined our concerns and asked that P & Z and Council act on our requests and include our recommendations as part of the plan prior to approval of the SPA application. In view of the recent events concerning Savannah Partnership, we feel our request is appropriate and we ask Council to give careful consideration to each of our recommendations and take the actions necessary as you enter the final phase in this unprecedented process. • • To : Mayor William Stirling and Members of Aspen City Council and Chairman Welton Anderson and Members of the Planning and Zoning Commission. From: The Board of Trustees Aspen Valley Improvement Association Date : September 24 , 1990 Subject : Development of Aspen Institute Lands Over the past four years the Aspen Valley Improvement Association has worked diligently and cooperatively to assist Council to reach a solution to the long-standing dilemma regarding the future of the Institute lands . AVIA surveyed a cross section of the community and valley and based on the tabulation of survey responses , recommended that Council zone the property to Academic, Cultural Campus (ACC) use. Council asked AVIA to write the zone that would define the uses of the property, which we did. However, for numerous reasons Council declined to move the zoning forward. Subsequently, we asked Council to have the property appraised as it exists . At this time the Institute has joined with Savannah Partnership, the current owners of the Meadows portion of the property, to bring forward a development plan in a master planning process which is designed to meet the needs of the not-for-profit institutions presently using the property, as well as allowing some free market development to insure that the Savannah Partnership regain its investment in the property. The procedure of master planning a property prior to and in concert with an SPA Application is unprecedented and as a result we have some concerns . Under a standard SPA Application, our concerns would be dealt with during the process , at a specific time and with public notice and public . hearings . Because of this unprecedented process described above, and in an effort to make our concerns known, we bring the following concerns and recommendations to the attention of both the City Council and the Planning and Zoning Commission. •4 a • • • page two Given the current economy and the history of this property, AVIA has questions regarding the feasibility of the commercial aspect of the application. We ask the City to require the applicant to undertake a feasibility analysis to include , at a minimum, land cost , construction costs , anticipated schedule of build-out , anticipated revenues and financing. The applicant should demonstrate that the project as proposed and financed is feasible under current conditions . The City SPA regulations ( Section 7-804 ) require submission of a development schedule which would include : - Section 7-804 D . 1 .d. specifying dates construction is to be initiated and completed. - Section 7-804 D . 3 . requiring that upon final development approval the applicant and City enter into a development agreement which would bind the property to any conditions placed on the approval . - Section 7-804 D . 4 . requiring the owners to record the final development plan and agreement within 180 days or the approval is invalidated. These agreements would be binding on the current owners as well as any future owners . With this in mind, the City should insure that anyone who has any legal interest in the property join in this application and consent to all of the conditions of approval . As in previous projects of even lesser magnitude and importance, the City has required the applicant to submit a guarantee to insure compliance with all conditions of approval . Such guarantee should be in the form of a cash or surety bond, letter of surety from a commercial bank, savings and loan institution, insurance company, or other qualified lending institution, licensed in Colorado and warranting a sum of money sufficient to guarantee the performance of .all requirements and completion of all improvements within the approved time period or return of the site to its original condition in case of default by the applicants . With regard to any changes to the conditions of the original approval , we have identified the following requirements , and we ask that you include the following prior to approval : • • page three 1 . No condition shall be modified or withdrawn except by action of the City Council . 2 . In the event approval required notice and hearing, the notice and hearing requirements shall be repeated. 3 . In the event approval required a recommendation from any other board or commission, the proposed amendment or withdrawal of the condition shall be referred for recommendation. 4 . If the condition was imposed as a result of comment from a referral agency, a referral to such agency shall be made . The above requirements apply only to modifications or withdrawal of any condition unaccompanied by any change in the application previously approved. We suggest that all proposed dedications of land to the public, sales of open space land, and conveyances to the not- for-profit institutions be finalized immediately upon site specific development approval . It has been brought to our attention that under Colorado law and the Aspen Land Use Regulations , the applicant ' s development rights vest for 3 years ( i . e. , cannot be altered, impaired, delayed or diminished by the City) at that time . Consequently, it is appropriate that all conveyances be finalized when this approval is given. .. We understand that the applicant is seeking exemption from Code requirements as an essential public facility. An essential public facility has been defined as one that serves an essential public purpose; is available for use by the general public ; and serves the needs of the City. In addition, deed restrictions , street vacations , donations , gifts , dedications and sales of different land areas are anticipated. Consequently, we suggest that, as part of the development approval , each of the following be given standing to enforce the conditions of approval : •. • • page four ( 1 ) The City of Aspen. ( 2 ) Any resident of Aspen. ( 3) Adjacent landowners . (4) Any owner or lessee of the Meadows/Institute lands . ( 5 ) Any anticipated recipient of any street vacations , land sale, gift , dedication, donation, or deed restriction. Given the public interest in this application, we request that the City, in lieu of the rather standard published notice of public hearings , publish ( in advance of each public hearing) the entire text of the application and planning office recommendations . Thank you for giving our concerns and recommendations your careful consideration, and making them a part of the record at this time in the process . MEMORANDUM To: City Council From: C. T. Collins Date: May 28 , 1991 Re: Code Interpretations Aspen Meadows SPA Submittal I . NONCONFORMITIES : The background of the properties on North Street between 7th and 8th Streets is complicated with a long history of variances and requests to vacate North Street . The alignment of the proposed 7th Street access road, including the 3-way stop intersection, is located on this property. The private parcel in question is zoned R-15 and is situated at the northeast corner of the intersection of 8th and North Streets (unopened) . In 1986, a variance was granted to build a residence on the nonconforming lot (6756 sq. ft . ) and to reduce the side yard setback along North Street from 16 ' -8" to 6 ' -8" . Seventh Street was designated as the front street . In the application before you, the proposed access road would reduce the lot area to approximately 4500 sq. ft . When the planning office was notified that a nonconforming lot could not be made more nonconforming, (Section 9-107 ) , the applicant proposed to convey a part of the race track to this parcel to replace the area required for the road. This had several negative impacts - it would push the access road further into the track, and one more subdivision parcel would be created. As a result, it was proposed by the applicant to have an easement granted across the property for the road. This was interpreted by the planning director as a step that "does not create a new nonconforming lot" . By definition, an easement is "a property right given by the- owner " Dedication of a public right-of-way generally implies a real transfer of property in fee simple. Whether it is in full conveyance or not , it means signing away all rights and, in this case, the land can not be used by the owner. Section 3- 101 states that the term ' Subdivision' includes land which is divided into separate interests. f . • Memorandum: City Council May 28 , 1991 Page 2 Section 9-101 does not allow nonconformities to be enlarged or expanded. Section 9-107 states no portion of a lot required as a building site shall be used as a site for another structure (road) . Section 9-107 also states that no interest ( in" a lot) shall be conveyed to avoid, circumvent or subvert any provision of this chapter . Clearly, the granting of an easement on this property does just that and any consideration for approval must go to the Board of Adjustment . II .DESIGN STANDARDS : (Subdivision) The review standards for subdivision are extensive and specific . They are a long standing and important part of city planning and development and encompass all underlying zone districts. Requests for variances are referred to the Board of Adjustment . When the new access road was first proposed, it was evident that it violated many of the design standards for streets and related improvements, especially those that pertain to road - safety and public health. The planning office was notified of these discrepancies. The applicant then requested an amendment to the code which added "design standards of Section 7-1004 (C),(4) for streets and related improvements" to the list of variations permitted in Section 7- 804 (D) (2 ) under SPA review. Section 7-804 (D) ( 2 ) clearly limits permitted variations only to the requirements of the underlying zone district . Sections 1-14 and 2-65 restrain the discretionary powers of city officers and employees and list the duties of the city engineer . Setting variations on design standards, including street improvements, which affect road safety and public health, is not permitted. In a memo to the planning director , dated March 2.6, 1991 , the city engineer recommends continuing with certain existing street standards which are currently being compromised by the application's proposed road. , • Memorandum City Council May 28, 1991 Page 3 The terms ' local ' and ' collector ' streets are defined in the code. It is evident that the new 7th Street access alignment provides for the distribution of traffic within the neighbor- hood and is therefore a ' collector ' street . The code definition does not refer to traffic volumes. From the proposed cul-de-sacs and intersection along the existing Meadows Road, to North Street , to Main Street , it ' collects ' and disperses traffic through the area. The purpose of street standards is to provide for road safety, avoid adverse environmental impacts,and demonstrate general reasonableness and suitability. Section 7-1004 (C) (2 ) (b) states the development "shall not be designed to create spatial patterns that cause inefficiences, duplication or premature extension of public facilities and unnecessary public costs. " This redundant and poorly designed access road does not meet these standards. #::340937 01/24/92 16: 11 c 4c=�c a a to 0 Eck:: 667 F'S 732 gi1via l avis t r_l_tY_ 7_er_k $. 00 THE ASPEN MEADOWS TABLE OF CONTENTS PAGE GENERAL REPRESENTATIONS 5 A. Construction Schedules - General 5 B. Construction Schedules - Detailed 6 C. Traffic Mitigation Plan 6 1. West Meadows Component 7 2. MAA Facilities Component 7 D. Site Improvements to Property 8 1. Utility Plan 8 (a) Water 9 (b) Sanitary Sewer 10 (c) Electricity 11 (d) Gas 12 (e) Other Underground Utilities 12 (f) Drainage 12 (g) Fire Protection 12 (h) Vacation and Grant of Easements 13 2. Meadows Road - 13 E. Additional Conditions of Site Improvements 14 F. Financial Assurances 15 II. INDIVIDUAL PARCELS - THE ASPEN MEADOWS 16 A. Lot 1 - The Aspen Institute 16 1. Dimensional Requirements 16 2. Off-Street Parking 16 3. Site Improvements 16 (a) Utilities 16 (b) Landscape Improvements 16 4. Trails 17 5. Financial Assurances 17 6. Employee Housing 18 B. Lot 2 - Music Associates of Aspen 18 1. Dimensional Requirements 18 2. Off-Street Parking 19 3. Site Improvements 19 (a) Utilities 19 i 1/11/3937 01/24/92 16: 13 Ric $41. 00 Bk:: 667 PG 733 $ilvia -DRyks, Pitkin Cnty_ C1erkq Doc $_. O0 ) PAGE (b) Landscape Improvements 19 4. Financial Assurances 19 5. Employee Housing 20 C. Lot 3 - The Aspen Center for Physics 20 1. Site Improvements 21 (a) Utilities 21 2. Financial Assurances 21 3. Trails 22 D. Lot 4 - Conservation Land 22 1. Site Improvements 22 (a) Utilities 22 E. Lot 5 - The Trustee Houses at the Aspen Meadows 22 1. Dimensional Requirements and Variations Therefrom 23 2. Condominiumization and Six Month Minimum Lease Requirement 24 3. Site Improvements 24 (a) Utilities 24 (b) Landscape Improvements 24 4. Trails 25 5. Financial Assurances 25 6. Employee Housing 26 F. Lot 6 - The Tennis Townhomes at the Aspen Meadows 26 1. Dimensional Requirements and Variations Therefrom 27 2. Condominiumization and Six Month Minimum Lease Requirement 28 3. Site Improvements 28 (a) Utilities 28 (b) Landscape Improvements 28 4. Trails 29 5. Financial Assurances 29 6. Employee Housing 30 G. Lot 7, 8, 9 and 10 - The Residences at the Aspen Meadows 30 1. Dimensional Requirements 31 2. Site Improvements 32 (a) Utilities 32 3. Financial Assurances 32 4. Employee Housing 33 H. Additional Provisions and Agreements 33 1. Access/Emergency Loop 33 2. Fire Protection 33 3. Fireplace Regulations 34 4. Drainage Mitigation 34 ii 10:40937 01/2 4/92 16: 13 Re4400. 00 BF=: 667 PS 734 Silvia Davis, Pitkin Cnty Clerk , Doc $. 00 PAGE • 5. Fugitive Dust Control 34 , 6. Energy Conservation - Savanah 34 7. Energy Conservation - Institute and MAA 34 8. Fox Dens 35 9. Re-Vegetation '35 10. Manicured Lawn Areas 35 11. Construction Barricading 35 12. Amendments 35 13. Public Access 35 14. MAA Parking Lot 36 III. MISCELLANEOUS 36 A. Periodic Project Review 36 B. Non-Compliance and Request for Amendments or Extensions 36 C. General Provisions 38 1. Notice 38 2. Binding Effect 39 3. Applicable Law 39 4. Vested Rights 39 5. Expiration of Development Allotment 40 6. Severability 40 7. Incorporation of Recitals and Written Submittals 41 8. Entire Agreement; Amendment 41 9. Acceptance of SPA Precise Plan; Ratification by Owner 41 10. Reasonableness 41 APPENDIX 44 savanah\agmts\table.con • 111 _ - - i #34093 r 01/24/92 16: 13 All $400. 00 BK 667 PG 735 1 Silvia Davis, Pitkin CntyClerk, Doc $.00 DEVELOPMENT.& SUBDIVISION AGREEMENT "THE ASPEN MEADOWS" SPECIALLY PLANNED AREA This Agreement, made and entered into this day of , 1991, by and among the City of Aspen, Colorado, a municipal corporation and home rule city (the "City"), and The Aspen Institute ("Institute"), the Music Associates of Aspen ("MAA"), the Aspen Center for Physics ("Physics") and Savanah Limited Partnership, a District of Columbia limited partnership ("Savanah"). Collectively the Institute, MAA, Physics and Savanah are hereinafter referred to as the "Consortium". RECITALS 1. The City of Aspen after numerous public hearings adopted a Master Plan for the Aspen Meadows as a component of the Aspen Area Comprehensive Plan in September, 1990; and, 2. The Consortium has submitted to the City for approval, execution and recordation, The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat (the "Plat") pertaining to the development of a tract of land known as the Aspen Meadows situate within the City of Aspen, Colorado, legally described on Exhibit "A" (the "Property") to include the following development activities, among others (the "Project"): a. Reconstruction of the existing sixty lodge units of 35,950 gross interior square feet and in addition, renovation of the existing Kresge Building conference space (lower level, Building 5)* -Insti- tute. b. Construction of fifty new lodge units of 42,410 gross interior square feet and additional subgrade mechanical space in Lodge Buildings 1, 2, 3 and 4 totalling 960 square feet of gross interior space - Institute c. Health club renovation and expansion of 1,800 gross interior square feet - Institute. For the purposes of this Agreement, the term "gross interior square feet" or "gross interior floor area" shall mean that floor area contained within the surrounding exterior walls (measured from their exterior surface) of a building, or portion thereof, exclusive of covered or uncovered decks, balconies, stairways, terraces and similar features, when such features are not surrounded by exterior walls or enclosed. gib 411340937 01/24/92 16: 13 Fec 4oO. oo Bk:: 667 Ps 736 Silvia Davis, F'itkin Cnty Clerk , Doc $. 00--- J d. Restaurant renovation and expansion of 2,000 gross interior square feet - Institute. e. Tennis shop renovation and expansion, including rest rooms, of 980 gross interior square feet - Institute. f. Music tent backstage expansion of 1,500 gross interior square feet - MAA. g. New rehearsal/performance hall of 11,000 square feet of Floor Area Ratio ("FAR") - MAA. h. Music tent gift shop expansion of 100 gross interior square. feet - MAA. i. Renovation of the existing eight trustee houses and their expansion to 2,500 square feet of FAR each - Savanah. j. Construction of ten new townhouse condominiums of 2,500 square feet of FAR each - Savanah. k. Creation of four single family homesites, each homesite to have a single family home and an accessory employee unit totaling 4,540 square feet of FAR exclusive of exempt garage space of up to 500 square feet - Savanah. 3. Following extensive public hearings at which substantial evidence in support of the Project components was produced and considered, the Consortium received all requisite development approvals from the City for the Project. The development approvals that the Consortium has received include the following: a. Subdivision approval to create ten separate lots at the Aspen Meadows. b. Growth Management Quota System ("GMQS") approval for fourteen residential units. c. GMQS exemption for essential public facilities from competition and affordable housing impact mitigation for the Institute and MAA development components. d. Zoning map amendments to create two RMF lots, four R-15 lots, Academic (A), Wildlife Preservation (WP) and Open Space (OS) zones and lots, all as depicted on the Plat. 2 • - - #74097i7 01/24/92 16 a 1'3 R40 $400. 00 Eik:: 667 PG 737 Silvia Davis, Pitkin Cnty Clerk, Doc $. ijca — — e. Variations from subdivision and subdivision improvement requirements, easement and utility requirements, design standards for streets and related improvements and zone district dimensional and minimum lease requirements. f. Condominiumization approval for the eight existing trustee houses, the three new trustee houses on Lot 5 and the seven new townhomes on Lot 6. g. Waiver of the six month minimum lease requirements for the approved development activity in the RMF zone district. h. Conditional use approvals for affordable housing units on lots 7, 8, 9 and 10, and i. Historical Preservation Commission ("HPC") conceptual and final approval for all aspects of the Project which were subject to HPC review. 4. The City has fully considered the Plat and this Agreement as well as the anticipated benefits and burdens to other neighboring properties by reason of the proposed development and improvement of the Property, all in accordance with Chapter 24 and other related provisions of the Municipal Code of the City of Aspen, Colorado (the "Municipal Code"); and, 5. The City has found that the Plat and this Agreement meet the standards set forth in Section 24-7-801, et seq. of the Municipal Code and further finds that the Consortium has met its burden and has demonstrated the reasonableness and suitability of the Project, its conformity to the requirements of Article 7 of Chapter 24 of the Municipal Code and the Master Plan, that the adverse effects of the Project have been minimized to the extent practicable, and that the Project complies with the City Council's intent in originally designating the Property with an SPA overlay, including the reasonable conformance of the Plat and this Agreement with the approval granted to the conceptual development plan; and, 6. The City is willing to approve, execute and accept this Agreement and the Plat for recordation upon the agreement of the Consortium to the matters hereinafter described, subject to all of the requirements, terms and conditions of Article 7 of Chapter 24 of the Municipal Code as presently constituted and such other laws, rules and regulations as are or may be applicable; and, 3 • #340937 01/24/92 16: 13. $400. 00 BK 667 PC 738 Silvia Davis, F'itk:in Cnty Clerk , Doc $. 00 7. The City has imposed conditions and requirements in connection with its approval, execution and acceptance of this Agreement and the Plat for recordation and such matters are necessary to protect, promote and enhance the public health, safety and welfare; and, 8. Under the authority of Article 7 of Chapter 24 of the Municipal Code, the City is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by the Consortium and the Consortium's successors and assigns; and, 9. The Consortium is willing to enter into such agreements with, and to provide assurances to,'the City; and 10. The Consortium has submitted and the City has approved a detailed construction time line incorporating a specific construction schedule for the installation of the new Meadows Road; and 11. Specific fire hydrant locations for the development have been established and approved in cooperation with the Fire Marshall; and 12. A detailed tree removal and replacement plan has been submitted and approved by the City Parks Department indicating all trees to be moved or removed, their size, location, species and time of planting, transplanting, or removal specifying that all tree replace- ment shall be on a one-to-one caliper inch basis with minimum size at 1 1/2" caliper; and 13. Exact trail locations have been approved by the Planning Director giving priority to those alignments which minimize damage or disruption to existing vegetation and landscape and which subordinate grade considerations and, thus, minimize switchbacks, to the preservation of existing topography. As built easements shall be executed and conveyed after trail construction; and 14. All property exchanges between Savanah, the Institute, the MAA and Physics are to be effectuated simultaneously with the recording of the final plat or as soon thereafter as is practical in the circumstances; and 15. The Consortium has provided to the City a digitized copy of the subdivision plat. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City it is agreed as follows: 4 Th340937 01/'24/92 16e i s c s400. 00 B k:: 667 PG 739 Silvia Davis, P1U::in Cnty Clerk , Doc $. 00 _ J I. GENERAL REPRESENTATIONS A. CONSTRUCTION SCHEDULES - GENERAL: The Consortium and City mutually acknowledge that exact construction schedules for the entire Project cannot be submitted or agreed to at this time, due primarily to two factors: (a) construction scheduling depends on the success of fund raising efforts by the non- profit members of the Consortium, and (b) construction will take longer than a normal development because summer programming and activities on the Property will require curtailment of construction activity during summer months. The Project involves five separate areas of construction activity with the following currently estimated sequencing: 1. It is anticipated that the Institute renovation and new construction, including the seven lodge buildings, administration building, health club and pool, parking structure and attendant site work will be undertaken in at least three distinct phases with the major components of each phase beginning in the Fall and ending the following Summer. 2. It is anticipated that the MAA tent improvements (seating expansion, back stage addition and site work), rehearsal/performance facility construction and site work and the reconfiguration of the parking lots on Gillespie will be undertaken in at least two phases, one being the tent related improvements and parking lot work and the other being construction of the rehearsal facility. 3. It is anticipated that the residential component, consisting of site improvements for the single family lots, tennis townhomes and trustee house remodels and additions and all related site work will be undertaken in three phases: the site work for the home sites, the tennis townhomes and the renovation and expansion of the trustee houses. 4. The construction of the new Meadows Road is currently planned for the Spring of 1992, and the conversion of the old Meadows Road to a trail with landscape and the upgrades to the utility and irrigation systems throughout the Property is planned for the Spring of 1992. The utility and irrigation system work will be coordinated with the individual construction phases and with the Public Works Director. 5. The schedule for completion of the City trail and bridge installation from the old Meadows Road to picnic point and across to the Rio Grande trail and from behind the auditorium accessing the Roaring Fork Road side of the campus will be established by the City but will be coordinated with the affected Consortium 5 #340937 01/24/92 16: 13 R41k$400. 00 BK 667 PG 740 ! Silvia Davis, Pi.tkin exit, .leek , Dor- $. 00 members. Disruptive construction activity will be scheduled so as not to interfere with campus programs or activities. The City shall be solely and completely responsible for grading, constructing and paying for all trail, bridge and appurtenant recreation features from the Meadows Road West and North to picnic point and across the Roaring Fork River to the Rio Grande trail and from the Rio Grande trail up the hill to the Roaring Fork Road by the Institute parking lot. B. CONSTRUCTION SCHEDULES - DETAILED: At the time of application for a building permit for a particular development component of the Project, and as a condition precedent to the issuance thereof, the individual owner shall provide the City Engineering Department with a detailed construction schedule for that component, satisfactory to the City Engineer and the Chief Building Official in connection with the Planning Office in the exercise of their reasonable discretion keeping in mind that disruptive activities shall be scheduled to minimize impacts on adjacent properties and campus activities. The Construction Schedule shall particularly address how construction phasing and other techniques within each separate component will best accommodate the following if appropriate under the circumstances: (a) any barricading and provision of pedestrian protection, (b) excavation access and large truck traffic circulation and staging areas, (c) disposal of demolition and excavation materials, (d) delivery and storage of major construction materials, (e) construction equipment access and storage, (f) contractor vehicle parking, (g) compliance with City noise regulations, and (h) scheduling and design of utility relocations, replacements and undergrounding. Each of such Construction Schedules shall be verified by City the Cit Engineer and the Chief Building Official in consultation with the Planning Office and (if the City so desires) recorded as a supplementary exhibit hereto. C. TRAFFIC MITIGATION PLAN: As part of the SPA approval process the Consortium, in connection with the City and West end neighbors, has developed a traffic mitigation plan dated February of 1991 and attached hereto as Exhibit "B". The traffic mitigation plan is evolutionary in format. It shall address the needs of the guests, employees and users of the lodge and the concert goers and students of the music facilities as well as the neighbors. The plan requires action on the part of the Institute, any lodge operator, MAA, the Roaring Fork Transit Authority ("RFTA") and the City of Aspen. To accommodate the separate needs of the two distinct facilities at the Meadows, the traffic mitigation plan has the following two components: 6 410 #340937 01/24/92 1 6 e 1: ec $400. 00 BF:. 667 Pe 741 Silvia Davis, F'itkin Cnty Clerk , Doc $. 00 1. West Meadows Component. This component includes programs to discourage private automobile use and to encourage, through incentives, alternate modes of transportation. Elements include: a. Airport van service for guests and residents. b. Van service to and from town for guests and residents. c. The shuttle van system as incorporated into the development's traffic mitigation plan shall be operated by that company or entity operating the lodge facility. d. Chartered vehicles when appropriate for group activities originating at the lodge. e. Bicycle rental and storage facilities. f. Promotional materials encouraging use of alternate modes of transportation and discouraging private autos. g. Guest parking in a garage to be constructed under the tennis facilities. h. Trail Easements to connect the Property with the Rio Grande Trail. i. Limited employee parking with programs for alternative transportation use for employees. j. Delivery vehicles and delivery routes serving the restaurant facilities shall be limited to those hours of delivery and routes as delineated in the development's traffic mitigation plan, except when severe weather or circumstances beyond the control of the lodge/restaurant operator require a deviation therefrom. The lodge/restaurant operator shall insure and enforce the delivery hours and routes by contractual obligation with its goods and services providers. The Institute (itself or through it's lodge/restaurant operator) shall furnish to the City written evidence of this contractual obligation. 2. MAA Facilities Component. Efforts to reduce auto use have been undertaken in recent years by MAA in conjunction with West end residents. The elements of this plan are a further expansion of these earlier efforts: a. Promotional materials, including maps, encouraging use of transit, bicycles and walkways have been initiated and will be continued. 7 04340937 01/:24/92 16: 13 Reql,400. 00 BF=:: 667 PG 742 Silvia Davis, Pitk:in Cnty Clerk , Doc $,00— J b. Pedestrian/bicycle ways include continued designation of Lake Avenue as auto free. Bicycle racks will be provided in the vicinity of the tent. c. Fourth Street from Main Street to the tent will be closed to all motorized vehicles before large events and will be used for pedestrian and bus egress after large events. d. Enhanced transit service by RFTA to the tent during the summer. e. Truck routing restrictions for deliveries to the tent and the planned rehearsal/performance facility. Institute, MAA and any lodge operator shall conduct a review and provide a written report on the traffic mitigation plan to the City of Aspen Planning Director on June 10 in years 1993, 1995, 1997, 1999 and 2001 and shall continue to conduct and provide such reviews and reports every two years thereafter unless deemed unnecessary by the City Council. Such reports shall include, but shall not be limited to, traffic counts on Seventh Street, number of van trips pursuant to the development's traffic mitigation plan, charter vehicle use, passenger counts and destinations arising from the use of the Aspen Meadows facilities. The review and report shall also incorporate data and information from RFTA illustrating its service to the MAA facilities. The City will review the report and may require modification to the development's traffic mitigation program, including the addition of reasonable new mitigation measures. All modifications of the traffic mitigation plan shall be approved by the Planning and Zoning Commission at a public hearing. D. SITE IMPROVEMENTS TO PROPERTY: Consortium shall and hereby agrees to accomplish the following improvements on the Property: 1. Utility Plan The Consortium shall, when necessary, upgrade and relocate existing water, sanitary sewer, gas, electrical, telephone, and cable television lines in accordance with the approved Utility Plan recorded in Book a$ at Page 6- of the Pitkin County Colorado Real Property Records (the "Records"). The currently estimated cost breakdown of all items are set forth on Exhibit "C". In accordance with the Utility Plan, the Consortium shall construct the following improvements in the Project Area. 8 ,c340937 01/24/92 16t13 Rec $400. 00 Br: 667 PG 743 Silvia Davis, Pitkin Cnty Clerk , Dec $. 00 _--- (a) Water The Consortium shall upgrade or install where necessary a water distribution system for the development meeting no less than the minimum design, engineering, materials and construction standards of the City for domestic municipal and fire protection purposes and shall convey same to the City upon completion, inspection and acceptance by the City. The Consortium shall also convey to the City a perpetual twenty foot as-built easement extending ten feet from each side of the centerline of all newly constructed water lines, and a construction easement extending an additional five feet on each side of the centerline, along with a similar twenty foot easement and construction easement for the future installation of a connector main to the existing City water main in Black Birch Drive to be installed and maintained at City expense. The Consortium shall install and construct two new 8" Ductile Iron water lines within the Project in accordance with the Utility Plan which will replace and upgrade existing 6" cast iron and smaller diameter water lines on the site. Additionally, the Consortium shall: (i) Install and construct an 8" Ductile Iron water line from the City's existing dead-ended 8" water line in the current Meadows Road, extending northerly and easterly through the Project and connecting to the City's 16" Red Mountain water transmission main. There will be a short section of 6" D.I.P. connecting portions of the 8" loop in front of Chalet No. 1. (ii) Install and construct an 8" Ductile Iron water line from the existing 16" Red Mountain transmission main, extending easterly north of Paepcke Auditorium, southerly and then easterly in the Institute parking lot and terminating with a tie-in to the existing City of Aspen 6" water line in Roaring Fork Road. (iii) Relocate the 16" Red Mountain water transmission main around Lot 7 as shown on the Utility Plan. (iv) Where required, all existing service lines will be replaced and up-sized to support the upgraded and proposed con- struction. 9 01-0937 01/24/92 16r, 13 Rec SPo.. 00I3I< 667 PG 744 51lvia Davis, Pitkin Cnty Clerk , Doc $„ 00 (v) Existing on-site water lines no longer used will be aban- doned in place. Plans and specifications for all water system improvements shall comply with at least minimum City water system specifications and be subject to the approval of the City Water Superintendent in the exercise of his discretion. Final acceptance of the water system installation by the City is conditioned upon submission of final test reports by a registered civil engineer verifying conformance with approved plans and specifications. (b) Sanitary Sewer The Consortium shall install and construct 8” PVC sanitary sewer lines within the Project in accordance with the Utility Plan, which will replace, upgrade, and serve existing and proposed facilities on the site. Additionally, the Consortium shall: (i) Install a new 8" PVC sewer line in the new Meadows Road to serve the four Single Family Lots 7-10. The sewer main extension will connect to the sewer main in the existing Meadows Road. (ii) Install a new 8" PVC sewer main extension along the west side of the proposed Tennis Townhouses and connect to the existing Aspen Consolidated Sanitation District ("ACSD") Castle Creek Trunkline. (iii) Relocate, as necessary, portions of the existing sewer line serving the Trustee Townhouses and connect to the ACSD Castle Creek Trunkline. (iv) Install and construct where necessary a new sanitary sewer collection system for the MAA and Institute property beginning at the proposed MAA Rehearsal/Performance facility, extending westerly, northerly, and then westerly and north of Anderson Park, to the West Meadows portion of the Institute property. The sewer main will collect wastes from the meeting, lodging, restaurant, parking, and health club facilities, extend westerly and north of the Trustee Townhouses, and connect into the ACSD Castle Creek Trunkline. 10 41140c 01/24l92 16: 13 Ric: 0 �0e 0c) BF:: 667 PG 745 Silvia Davis, Pitkin Cnty Clerk , Doc $. 00 (v) Install and construct a sanitary sewer collection system on the Physics Property, extending easterly connecting Boettcher Building, across the MAA parking lot and connect into the ACSD sewer main in Roaring Fork Road. (vi) The Castle Creek sanitary trunkline shall be lined wherever practical. If sections of the trunkline must be replaced, such replacement locations shall be identified to the City Engineer and Planning Department and the least disruptive practical methods of construction shall be identified and employed. (vii) Where necessary, all existing service lines will be replaced and up-sized to support the upgraded and proposed con- struction. (viii) All the existing unused or unnecessary on-site sewer system will be abandoned in place according to district regulations. Plans and specifications for all sanitary sewer system improve- ments will comply with generally applied ACSD specifications and be subject to the approval of the District manager. Recordation of the Plat shall indicate acceptance of the proposed system sizing, locations and easements. Final acceptance by the District Manager shall be conditioned upon submission of final test reports by an independent registered civil engineer verifying substantial confor- mance with approved plans and specifications, substantial compli- ance with all generally applied rules and regulations of the District, and submittal of executed and recorded easements on the standard District form. (c) Electricity The Consortium agrees to contract with Holy Cross Electric to install and construct all necessary electrical system upgrades within the Project. Underground facilities will be brought from three points of connection: Meadows Road, the overhead substation on the east side of Castle Creek and the overhead substation on the south side of the Roaring Fork River. All existing unnecessary on-site electrical lines will be abandoned in-place. Routing of new electrical lines will be consistent with the utility corridor whenever practicable. 11 134093? 01/24/92 16: 13 Rec '400. 00 Dk:: 667 F's 746 Silvia Davis, F'itkin Cnty Clerk:: , Doc $, 00 (d) Gas The Consortium agrees to contract with Rocky Mountain Natural Gas to install and construct all necessary upgrades to the gas system for the Project. Underground facilities will be brought in from two points of connection: Meadows Road and Roaring Fork Road. All existing unnecessary on-site gas lines will be abandoned in-place. Routing of new gas lines will conform to the utility corridor wherever practicable. (e) Other Underground Utilities The Consortium agrees to contract with U.S. West and Canyon Cable Television to install and construct all necessary upgrades to their individual facilities within the Project. Points of connection will be from Meadows Road and Roaring Fork Road. All unnecessary existing underground lines will be abandoned in-place, and new routing will conform to the utility corridor whenever practicable. (f) Drainage -The Consortium shall install and maintain storm drainage facilities for storm runoff from the site in accordance with Municipal Code Section 24-7-1004.C.4.f. A detention area designed to detain the on-site 100-year storm runoff as specified by the Urban Storm Drainage Criteria Manual will be constructed north of Anderson Park as shown on the Drainage Plan. The design volume that will be detained is approximately 0.9 acre- foot of storm runoff. A final plan will be submitted to the Public Works Director for his review and approval prior to the com- mencement of drainage work within the Project. (g) Fire Protection The Consortium agrees to install fire hydrants within 350 feet of all existing and proposed structures. Placement will be reviewed and approved by the City of Aspen/Pitkin County Fire Marshall prior to commencement of construction. 12 16: 13 FiecEGia. CX) LF�. 667 FG 747•$4093701/ 4/92 Silvia Davis, Pitkin Cnty Clerk , Doc $. 00_--- (h) Vacation and Grant of Easements The City agrees to vacate any water, sewer or other utility reservations at such time as these utilities are either abandoned or relocated in accordance with the Consortium's commitment set forth herein. Consortium agrees to grant any new easements for relocated utility facilities in accordance with the location of the utilities as constructed and in-place as may be required by the individual utility's rules and regulations governing service. 2. Meadows Road There shall be created a new Meadows Road accessing the Institute lodge facilities and the residential properties at the Meadows. Savanah shall construct the new Meadows Road, Seventh Street/North Street intersec- tions, and Meadows Road/Eighth Street intersection in accordance with the Plat. The new Meadows Road shall be dedicated as a public street from its intersection with Seventh Street and North Street to the south boundary of Lot 6. Legal access to and from the new Meadows Road shall be provided where necessary for the benefit of existing and future properties abutting that portion of the old (existing) Meadows Road. Such easements are shown and depicted on the Plat. The speed limit for the new Meadows Road shall be reduced to a speed below thirty miles per hour as determined by the City Engineer. The old (existing) Meadows Road shall be converted at the expense of Savanah to a pedestrian trail/bikeway with ownership thereto to remain in the City. In connection with the laying out and construction of the new Meadows Road approved variations from subdivision design and other standards and elements of the Municipal Code include the following: * Curbs, gutters and sidewalks need not be provided within the development. * Alleys, paved or unpaved, do not need to be provided. * Traffic control signs shall be installed at the intersection of the new Meadows Road with Seventh and with Eighth Streets, but no 13 03 40937 i>1/ 6/92 1f�d 1 Fiectjt_y, t,�c� -6-6-7---� Silvia Davis P' - }jk:: F�� ?48 1t6:in Cnty C1erk, Dat 00 traffic signals need be provided. Speed zones shall be signed as determined by the City Engineer. * If determined to be necessary by the City Engineer, street lights need only be provided at the intersections of the new Meadows Road with Seventh and Eighth Streets. * No street bridges need be provided. Culverts to accommodate irrigation ditches and drainage shall be installed. * The minimum centerline curve radius for new Meadows Road shall be reduced to 65 feet at and or near the intersection of Eighth Street, and right-of-way widths shall be reduced to 40 feet. Maximum grade shall not exceed 8%. All dimensions shall be specified and confirmed on the Plat. * No street-end dedications need be provided. * Cul-de-sac length for Meadows Road has been increased to a maximum of 2,000 feet with a centerline turnaround diameter at the administration building of approximately 50 feet. * The new road alignment shall be called "Meadows Road". * Street trees lining new Meadows Road shall consist of cottonwoods of 2 inch caliper spaced every 30 feet along the east boundary beginning at the intersection with Eighth Street and extending north to the tennis courts. * The Meadows Road construction shall be a local street in accor- dance with the Plat and SPA approvals. E. ADDITIONAL CONDITIONS OF SITE IMPROVEMENTS: In connection with the installation of all site improvements to the Property: 1. There shall be no interconnection of non-treated water systems to potable water systems. 2. Pursuant to Section 23-56(g)of the Municipal Code, the Consortium shall convey by special warranty deed to the City any right, title, easement and interest it may have in the Si Johnson Ditch along with any water wells or other water rights appurtenant to the Property. The City shall lease back to the Consortium, or its 14 •340937 01/24/92 1E�n 13 ReclK00, 00 DK 667 PG 749 Silvia Davis, F'itk:in Cnty Clerk, Doc_ oi��_�_ —_ —� successor(s) in interest, raw water for irrigation use within the Project in an amount equal to that amount of water reasonably necessary for the efficient irrigation of the lands historically irrigated. Consortium shall pay to the City its pro rata share of operation, maintenance and repair costs, plus $100.00 per year. The lease as noted above shall not subordinate the use of the water right to the emergency needs of the City for minimum stream flows, hydroelectric power, or municipal purposes. 3. Drainage design for the Project shall not intentionally direct runoff into irrigation ditches or ponds. 4. Utility facility installations shall be restricted to roadway, trailway and cultivated landscaped corridors wherever possible. If utility facility installations must occur outside of these areas, such alternate utility corridors shall be fenced or barricaded to the narrowest width possible so as to minimize vegetation disturbance or destruction from construction activities and machinery. All utility location corridors shall be inspected and approved by the City Engineer and Planning Director prior to the issuance of any excavation permit. 5. Vegetation replacement necessitated by utility installation shall utilize the same plant species as the species of vegetation disturbed or damaged. 6. All ditches, swales, intermediary ponds and detention areas shall be subject to appropriate easements for access and maintenance purposes and be depicted on the Plat. 7. Trench box construction methods shall be utilized for the utility installations whenever possible so as to minimize site disturbance. 8. All trail easements shall consist of the trail width plus two feet on each side of the trail plus required temporary construction easements all as shown on the Plat. F. FINANCIAL ASSURANCES: Financial assurances in amounts and in forms acceptable to the Consortium and City shall be provided by Consortium to ensure the satisfactory installation and completion of the new Meadows Road, all utility infrastructure, including water lines, the trail along old Meadows Road, and the parking facility; provided that only that portion of the financial assurances found by the Public Works Director to be related to the work for which a given construction related permit is sought must be in place prior to issuance of that permit. The Consortium shall have the right, at anytime and from time to time, to substitute financial assurances theretofore given with another form of financial assurance; 15 _ _ Or— c'!�3i cli/^4/4:' 1b" 17 Re 400. 00 ESE': 667 PG 750 Silvia Davis, Pitkin Cnty -Clerk , Doc .���y--- provided always that such substituted financial assurance is satisfactory to the City Attorney. H. INDIVIDUAL PARCELS - THE ASPEN MEADOWS A. LOT 1 - THE ASPEN INSTITUTE: Lot 1 is the Institute Property and is zoned Academic (A), Open Space (OS) and Wildlife Preservation (WP), all according to and as shown on the Plat. New development on Lot 1 has been approved for 50 new lodge units totalling 78,360 gross interior square feet, for 110 new and renovated lodge units, a health club renovation and expansion of 1,800 gross interior square feet, a restaurant renovation and expansion of 2,000 gross interior square feet, a renovation and expansion of the tennis shop of 980 gross interior square feet and the creation of an underground parking structure for 97 cars below the reconfigured tennis courts. 1. Dimensional Requirements The dimensional requirements which shall apply to all permitted and conditional uses in the Academic (A) Zone District are shown on the Plat. 2. Off-Street Parking The Institute shall maintain 97 off-street parking spaces on Lot 1 until completion of the underground parking structure. 3. Site Improvements (a) Utilities. All telephone, electric and cable lines on Lot 1 servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and as built easements will be provided as required. (b) Landscape Improvements. Institute shall abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book d$ at Page S' , et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed- 16 41V40937 01/24/92 16: 13 BP 00, 00 BK 667 F'S 751 Silvia Davis, P'itkin_ Cvnty J r•k: y Doc $. 00 upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 1 Construction Schedule, but in no event later than one year after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been complet- ed, so long as that portion of the financial guaranty provided for in this agreement, which covers the estimated cost of such unfinished landscap- ing, remains available to the City pursuant to the terms of this agreement. All tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Trails The Plat depicts all trails dedicated or conveyed to public use and all easements linking off-site trails to the development's trail system, including (a) an easement for a trail link from Lot 3 (Physics), running behind Lots 7-10, to Meadows Road, and (b) the trail easement between the tennis townhouses and restaurant. Written easements shall be executed and conveyed after trail construction confirming the as-built location of each easement. The Consortium and City agree that the racetrack trails are not to be improved. While the Institute is granting the Easements it shall have no financial obligation whatsoever for any trail or related work on the trail around the track or the trail between the Tennis Townhomes and the restaurant as shown on the Plat. 5. Financial Assurances In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of such improvements, Institute shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs are held by it for the account of City for the construction and installation of the above-described improvements. As a condition for issuance of a building permit for a portion or all of the renovation and new construction anticipated herein, the Institute and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Institute to City, in all events, shall give the City the unconditional right, upon and following default by the Institute, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested 17 :14 o9 3 7 01/24/92 16: 13 ReO C1 f4e(r:)i_!o ?D)o -c 6 6-7 0 Silvia Davis, Fi tki n Cnty _ _L outstanding --F-'6---7- 52 bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to Institute. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Institute of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site or landscape improvements shall be retained until all proposed site or landscape improvements are completed and approved by the Public Works Director. At anytime and from time to time, Institute shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination. 6. Employee Housing Under the terms of this Agreement the City acknowledges it has granted the Institute a GMQS development exemption for essential public facilities from competition and affordable housing impact mitigation for the Institute's existing and new facilities. B. LOT 2 - MUSIC ASSOCIATES OF ASPEN: Lot 2 is the MAA Property and is zoned Academic (A) and Open Space (OS) all according to and as shown on the Plat. Current development on Lot 2 consists of the performance tent, the back stage area, a gift shop, a refreshment stand, a box office and a parking lot. Approved new development allows for a music tent back stage expansion of 1,500 gross interior square feet, a new rehearsal/performance hall of 11,000 square feet of floor area and an expansion of 100 gross interior square feet to the existing gift shop. Additionally, approval has been granted for a re-configuring of the tent to increase tent seating to a total of 2,050 seats. FARs and the definitions thereof for the rehears- al/performance hall shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive, for not less than the three year period next succeeding June 10, 1991, any subsequently adopted reduction in or change to the definition or calculation of FARs. 1. Dimensional Requirements The dimensional requirements which shall apply to all permitted and conditional uses in the Academic (A) Zone District are established on the Plat. 18 10,477409 7 01P24/92 16: 13 Ff•$400. 00 BE' 667 PG 753 Silvia Davis, F'itk:in -Cnty Clerk ,. _Doc $.00 2. Off-Street Parking The parking lots at the South end of Lot 2 shall be reconfigured to allow for off street bus drop-off, a new pedestrian trail through the parking lot, the addition of bike racks for concert goers and parking for approximately 274 automobiles, as shown on the Plat. 3. Site Improvements (a) Utilities. All telephone, electric and cable lines on the Property servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and written easements confirming the as-built location thereof will be provided if and as required. (b) Landscape Improvements. MAA shall abide by and substantially conform to the tree removal and landscape plans as recorded as part of the Plat in Book at Page $ , et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed- upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 2 Construction Schedule, but in no event later than one year after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been complet- ed, so long as the portion of the financial guaranty provided for in this agreement hereof which covers the estimated cost of such unfinished landscaping remains available to the City pursuant to the terms of this agreement. All tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Financial Assurances In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of such improvements, MAA shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in 19 #7...,..)97i7 01/24/92 16: 13 Rec $4(,',. 00 ELF:._ 667 PG 754 Silvia Davis, Pitkin Cnty_ Clerk: , Doc $. 00 the amount of such estimated costs are held by it for the account of City for the construction and installation of the above-described improvements. As a condition for issuance of a building permit for a portion or all of the renovation and new construction anticipated herein, MAA and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b), above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by MAA to City, in all events, shall give the City the unconditional right, upon and following default by the MAA, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to MAA. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by MAA of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site or landscape improvements shall be retained until all proposed site or landscape improvements are completed and approved by the Public Works Director. At anytime and from time to time, MAA shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination. 5. Employee Housing Under the terms of this Agreement the City acknowledges it has granted MAA a GMQS exemption for essential public facilities from competition and affordable housing impact mitigation for MAA's existing and new facilities. C. LOT 3 - THE ASPEN CENTER FOR PHYSICS: Lot 3 is the Physics Property and is zoned Academic (A) and Wildlife Preservation (WP), all according to and as shown on the Plat. Development on Lot 3 consists of meeting facilities and library building for Physics. No new development is approved by this plan; however, new development with appropriate review is not precluded. 20 410, - -- tk34093 7 01/24/92 16: 13 Rec $400. 00 BK 667 PG 755 Silvia Davis, Fitkin Cnty Clerk, Doc $.00 1. Site Improvements (a) Utilities. Physics shall install and hook up to a sanitary sewer service for all buildings currently not served. Such improvements shall be inspected and approved by the Aspen Sanitation District and shall be conveyed to the District upon completion, inspection and acceptance by the District. Physics shall, if necessary, convey to the District a perpetual twenty foot as-built easement extending ten feet from each side of the centerline of all newly constructed sanitary sewer lines, and a construction easement extending an additional five feet on each side of the centerline. Physics shall, within two years of the date of recordation of this Agreement and the Plat, complete the sanitary sewer improvements or post a financial assurance in an amount and form mutually acceptable to the City and Physics to guarantee completion of the sanitary sewer installation no later than thirty months from the date of recordation of this Agreement and the Plat. 2. Financial Assurances In order to secure the construction of the site improvements in Paragraph 1(a) above and to guarantee 100% of the estimated cost of such improvements and related re-vegetation of disturbed areas of Lot 3, Physics shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs are held by it for the account of City for the construction and installation of the above- described improvements. All financial assurances given by Physics to City, in all events, shall give the City the unconditional right, upon and following default by the Physics, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to Physics. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Physics of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site improvements shall be retained until all proposed site improve- ments are completed and approved by the Public Works Director. At anytime and from time to time, Physics shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the 21 ill _ _, ___ ________ [? ^419^ 3.f,e 1:3 Ftec 0---- - i_a, [_X DF+. 667 PG 756 Silvia Davis, F'itk:in Cnty Clerk , Doc --$. i'L-_-----1 requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination. 3. Trails The Final Plat depicts a trail easement across the Physics Property from Gillespie Street to the race track trail on Lot 1. Physics and the City agree that this trail easement is not to be paved. Physics is granting this easement but has no financial obligation of any kind for the trail or any related work. D. LOT 4 - CONSERVATION LAND: Lot 4 is to be sold by Savanah to the City of Aspen for the purpose of open space. Lot 4 shall be zoned Wildlife Preservation (WP). It is the intention of this zone district that this Property remain open with a trail system and appropriate bridge connections to the Rio Grande Trail. Neither the Consortium nor any of its individual members thereof shall have any responsibility whatsoever for the construction, installation or maintenance of any trail or other recreational facilities to be incorporated into Lot 4. Exact trail locations must be approved by the Planning Director giving priority to those alignments which minimize damage or disruption to existing vegetation and landscape and which subordinate grade considerations and, thus, minimize switchbacks, to preservation of existing topography. 1. Site Improvements (a) Utilities. The Final Plat shows utility line easements as existing and proposed for electrical, gas, storm and sanitary sewer, and water. E. LOT 5 - THE TRUSTEE HOUSES AT THE ASPEN MEADOWS: Lot 5 is Savanah's Property and is zoned RMF according to and as shown on the Plat. Existing development on Lot 5 consists of the eight trustee houses, each of approximately 1,750 square feet, consisting of three bedrooms and two baths. Development has been approved for an expansion and renovation of the existing trustee houses to create eight three-bedroom units of 2,500 square feet of FAR each. In addition three new trustee houses shall be developed on Lot 5, one on the South end of the existing units and two on the North end of the existing units. Each new unit will be 2,500 square feet of FAR with three bedrooms. Total build-out on Lot 5 shall consist of eleven units with thirty- three bedrooms and 27,500 square feet of FAR, excluding carports (up to 500 square feet per dwelling unit). FARs and the definitions thereof for the existing and new trustee houses shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive for not less than the three year 22 •4u93 01/24/92 16: 13 Rec .0. 00 3F 667 PG 757 Cnty Clerk , Doc $. 00 period next succeeding ;iuino ;.0, 1991, any subsequently adopted reduction in or change to the definition or calculation of FARs. The three new residences have received an allotment under the GMQS and have received variations for setbacks, height and open space, as noted on the Plat and as described below. 1. Dimensional Requirements and Variations Therefrom The following dimensional requirements are for the RMF Zone District; variations in these requirements that have been granted for the development activity contemplated for Lot 5 are noted: a) Minimum lot size (sq. ft.): 6,000 b) Minimum lot area per dwelling unit: i) 3 bedroom unit: 3,630 sq. ft. c) Minimum lot width: 60 feet d) Minimum front yard: i) Principal building: 10 feet ii) Accessory building: 15 feet (Note. A variation from minimum RMF Zone District front yard setbacks for accessory buildings has been granted by the City to zero feet for Lot 5.) e) Minimum side yard: 5 feet fl Minimum rear yard: i) Principal building: 10 feet ii) Accessory building: 15 feet g) Maximum height: 25 feet (Note. A dimensional height variation for the two northernmost trustee houses has been granted by the City for up to eight feet.) h) Percent of open space required for building site: 35% 23 #3407 01/24/92 1613 Rec s40(•.:) BK 667 Ps 758 Silvia Davis, Pitkin Cnty--Cler•k , Doc $.0() _ _ (Note. Minimum RMF Zone District open space requirements have been waived by the City for Lot 5 in consideration of the open space otherwise provided in the SPA development plan.) i) External FAR (maximum): 1:1 j) Internal FAR: no requirement k) Off-street parking requirement: 1 space per bedroom 2. Condominiumization and Six Month Minimum Lease Requirement Pursuant to findings made during the approval process and in accordance with Section 24-7-1007 of the Municipal Code, the City has granted and awarded condominiumization approval for all eleven units contemplated for Lot 5. Condominiumization of the eight existing units is subject to payment of an affordable housing impact fee according to Section 24-7-1007A(1)(c). The fee totals $64,240 and shall be paid at time of recordation of the condominium plat and declaration for the units on Lot 5. The six month minimum lease requirement for condominium units as contained at Section 24-7-1007 (A)(1)(b)(1) of the Municipal Code has been and hereby is waived as to all the condominium units on Lot 5 as approved by this SPA plan. 3. Site Improvements (a) Utilities. All telephone, electric and cable lines on the Property servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and written easements will be provided if and as required confirming the as-built location of each easement. (b) Landscape Improvements. Savanah shall abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book a 9 at Page S , et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed- upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 5 Construction Schedule, but in no event later than one year 24 •40937 01/24/92 16: 13 Rec y,10, 00 BK 667 PG 759 Silvia Davis, Pitk:in Cnty Clerk ,_ _Doc $ .00_ _ after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been complet- ed, so long as that portion of the financial guaranty provided for in this Agreement, which covers the estimated cost of such unfinished landscap- ing remains available to the City pursuant to the terms of this Agreement. All tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Trails The Plat depicts all trails dedicated or conveyed to public use and all easements linking off-site trails to the Project's trail system, including the trail easement between the tennis townhouses and restaurant. Written easements shall be executed and conveyed after trail construction confirming the as-built location of each easement. A portion of the trail Easement for the trail from Meadows Road to Lot 4 crosses Lot 5, as depicted on the Plat. Trail construction on this Easement and any other appurtenant recreational facilities and amenities and landscaping is the sole responsibility of the City of Aspen. Neither Savanah nor the Consortium shall have any financial responsibility for any of this work or for the maintenance of any easements. 5. Financial Assurances In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above-described improvements. As a condition for issuance of a building permit for a portion or all of the renovation and new construction anticipated herein, Savanah and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanah to City, in all events, shall give the City the unconditional right, upon and following default by Savanah, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already 25 4,340937 01/24/92 16: 13 Rec .p400. 00 BK 667 PG 760 Silvia Davis, F'itIkin Cnty Clerk , Doc $. 00 _- constructed before the unused remainder (if any) of such guaranty is released to Savanah. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Savanah of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site or landscape improvements shall be retained until all proposed site or landscape improvements are completed and approved by the Public Works Director. At anytime and from time to time, Savanah shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of City Attorney in his determination. 6. Employee Housing Savanah and the City acknowledge that the renovation and expansion of the eight trustee houses do not create any employee impact because the bedroom count in each unit remains at 3. Savanah shall pay to the City an affordable housing mitigation impact fee for 1.66 low income employees per unit for each of the three new residential units on Lot 5, in an amount to be calculated pursuant to those fee guidelines in effect at the time the fee is to be paid. The fee shall be paid prior to the issuance of the building permit for construction of any new residential unit on Lot 5 and shall be paid in proportion to the number of units sought to be permitted. F. LOT 6 - THE TENNIS TOWNHOMES AT THE ASPEN MEADOWS: Lot 6 is owned by Savanah and is zoned RMF according to and as shown on the Plat. Currently there is no residential development on Lot 6. Approved under this plan is development of seven townhome units of three bedrooms and 2,500 square feet of FAR each. Total build out on Lot 6 shall consist of seven units with twenty-one bedrooms and 17,500 square feet of FAR, excluding carports (up to 500 square feet per dwelling unit). FARs and the definitions thereof for the existing and new trustee houses shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive for not less than the three year period next succeeding June 19, 1991, any subsequently adopted reduction in or change to the definition or calculation of FARs. The seven new townhomes have received an allotment under the City GMQS and have received variations for height, open space and setbacks for accessory buildings, all as noted on the Plat and described herein. 26 '401 93 r 01/24/92 16: 13 Rec_ $400. 00 EFL:: 667 F'u 761 Silvia Davis, Pitl::in Cnty Clerk , Doc $. 00_ 1. Dimensional Requirements and Variations Therefrom The following dimensional requirements are for the RMF Zone District; variations in these requirements that have been granted for the development activity contemplated for Lot 6 are noted. a) Minimum lot size (sq. ft.): 6,000 b) Minimum lot area per dwelling unit: i) 3 bedroom unit: 3,630 sq. ft. c) Minimum lot width: 60 feet d) Minimum front yard: i) Principal building: 10 feet ii) Accessory building: 15 feet (Note. A variation from minimum RMF Zone District front yard setbacks for accessory buildings has been granted by the City to zero feet for Lot 6.) e) Minimum side yard: 5 feet f) Minimum rear yard: i) Principal building: 10 feet ii) Accessory building: 15 feet g) Maximum height: 25 feet (Note. A dimensional height variation for the center portion of the tennis townhomes has been granted by the City for up to three feet as shown on the Plat.) h) Percent of open space required for building site: 35% (Note. Minimum RMF Zone District open space requirements have been waived by the City for Lot 6 in consideration of the open space otherwise provided in the SPA development plan.) 27 4040937 .- 01/24/92 16: 13 Rec $400. 00 BF.: 667 PG 762 Silvia Davis, Pitk:in Cnty Clerk, Doc $. 0 i) External FAR (maximum): 1:1 j) Internal FAR: no requirement k) Off-street parking requirement: 1 space per bedroom 2. Condominiumization and Six Month Minimum Lease Requirement Pursuant to findings made during the approval process and in accordance with Section 24-7-1007 of the Municipal Code, the City grants and awards condominiumization approval for the seven tennis townhome units on Lot 6 as approved by this SPA plan. The six month minimum lease requirement for condominium units as contained at Section 24-7-1007 (A)(1)(b)(1) of the Municipal Code has been and hereby is waived as to the seven condominium units on Lot 6. 3. Site Improvements (a) Utilities. All telephone, electric and cable lines on the Property servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and written easements will be provided if and as required confirming the as-built location of each easement. (b) Landscape Improvements. Savanah shall abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book at Page 6— , et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed- upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 6 Construction Schedule, but in no event later than one year after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been complet- ed, so long as the portion of the financial guaranty provided for in this Agreement which covers the estimated cost of such unfinished landscaping remains available to the City pursuant to the terms of this Agreement. All 28 1W:340937 01/24/92 16: 13 Rec' $400. 00 }3f::: 667 PG 7 (Silvia Davis, Pitkin Cnty Clerk , Doc --$° c_�0 63 tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Trails The Plat depicts all trails dedicated or conveyed to public use and all easements linking off-site trails to the Project's trail system. Two trail easements are associated with Lot 6. The first is a minimum three foot wide unpaved walking path which parallels the Meadows Road on the Eastern edge of Lot 6 and the second is the easement on the Western portion of Lot 6 to accommodate the construction and maintenance of the trail from Meadows Road to Lot 4 and across the Roaring Fork River to the Rio Grande Trail, all as depicted on the Plat. Lot 6 shall be burdened with easements for these trails as shown on the Final Plat. Construction of the walking path shall be completed by Savanah in connection with the construction of the improvements on Lot 6. Savanah and the City acknowledge and agree that all responsibility for construction of and payment for the trail to Lot 4 and any other appurtenant recreational amenities permitted in the zone district and landscaping is the sole responsibility of the City, and Savanah shall have no responsibility for the maintenance thereof. 5. Financial Assurances In order to secure the construction of the site improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above-described improvements. As a condition for issuance of a building permit for a portion or all of the construction anticipated herein, Savanah and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanah to City, in all events, shall give the City the unconditional right, upon and following default by Savanah, after notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to Savanah. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release 29 411(--340937 x1/24/92 16: 13 die` .$4i?0„ ()U L3 667 F'C? 764 Silvia Davis, 1='itkin Cnty Clerk , Dcac $=_r! from the guaranty delivered by Savanah of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site or landscape improvements shall be retained until all proposed site or landscape improvements are completed and approved by the Public Works Director. At anytime and from time to time, Savanah shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of City Attorney in his determination. 6. Employee Housing In connection with the construction of the seven tennis townhome townhouse condominium units on Lot 6 Savanah shall pay to the City an affordable housing mitigation impact fee for 1.66 low income employees per unit for each of the seven new residential units on Lot 6, in an amount to be calculated pursuant to those fee guidelines in effect at the time the fee is to be paid. The fee shall be paid prior to the issuance of the building permit for construction of any new residential unit on Lot 6 and shall be paid in proportion to the number of units sought to be permitted. G. LOTS 7, 8, 9 and 10 - THE RESIDENCES AT THE ASPEN MEADOWS: Lots 7, 8, 9 and 10 are owned by Savanah and are zoned R-15 according to the Plat. These lots currently are undeveloped. Under the SPA, Savanah has been granted approval to develop, on each lot, a single family residence together with an accessory dwelling unit. Each lot has a FAR of 4,540 square feet, excluding 500 square feet of garage, but including the accessory dwelling unit of 500 square feet above grade. FARs and the definitions thereof for the residences and the accessory dwelling units shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive for not less than the three year period next succeeding June 10, 1991, any subsequently adopted reduction in or change to the definition or calculation of FARs. The four single family units have specific building envelopes as shown on the Plat and will be subject to protective covenants that will be placed of record prior to the sale of any of Lots 7, 8, 9 and 10, which covenants will, at a minimum, provide for (a) the establishment and incorporation of an association of homeowners with a Design Review Board, at least one member of which shall be designated by the City of Aspen Historical Preservation Commission, which Board shall have original jurisdiction in all matters involving any change to the then existing state or condition of any lot; (b) the manner in which each accessory dwelling unit on any lot shall be used,,occupied and rented, including the incorporation of applicable standards and guidelines of the Aspen Pitkin County Housing Authority; and (c) the obligation of each of Lots 7, 8, 9 and 10 and each owner, at anytime, thereof to comport with and 30 —• -- -- - W140977 01/'4/9^ 16 e 13 _Rec $400. 00 FJK. 667 PG 765 Silvia Davis, PitN::in_ _C:nty Clerk, Doc $. 0Q__ abide by the applicable terms, provisions, and conditions of Ordinance 14 and approved Subdivision Plat for said lots. The four (4) residences have received an allotment under the City of Aspen GMQS and have received variations for minimum R-15 zone district lot size per dwelling and minimum side yard setback requirements, as noted on the Final Plat and as described herein. 1. Dimensional Requirements The following dimensional requirements are for the R-15 Zone District: variations in these requirements that have been granted for the development activity contemplated for Lots 7-10 are noted: a) Minimum lot size: 15,000 sq. ft. (Note. The minimum R-15 zone district lot size per principle dwelling unit has been reduced to 12,000 square feet for Lots 7, 8, 9 and 10.) b) Minimum lot area per dwelling unit: 12,000 sq. ft. c) Minimum lot width: 75 feet d) Minimum front yard: i) Residential dwelling: 25 feet ii) Accessory building: 30 feet e) Minimum side yard: 10 feet (Note. The minimum side yard setbacks have been reduced by the City under the SPA to zero feet for the West side of Lot 7 and the East side of Lot 10.) f) Minimum rear yard: i) Residential building: 10 feet ii) Accessory building: 5 feet (Note. Rear yard setbacks for Lots 7-10 are as shown on the Plat.) g) Maximum height: 25 feet 31 •49TO1/ 24/c? i6 i3 F;ec air00. 00 BK 667 PG 766 Silvia Davis_, Pitkin Cnty Clerk: , Doc__$._0f) _—_ h) Minimum distance between detached buildings on lot: 10 feet i) Percent of open space: No Requirement j) External FAR: 4,540 sq. ft. (Note. The square footage includes an accessory dwelling unit of 500 sq. ft. and excludes a garage of up to 500 sq. ft.) k) Internal FAR: no requirement 1) Off-street parking spaces: One space per bedroom, and one space per accessory dwelling unit. 2. Site Improvements a) Utilities. All telephone, electric and cable lines on the Property servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and as built easements will be provided as required. It shall be the requirement of Savanah to install all utilities to the lot lines. The utilities shall be installed in connection with the construction of the new Meadows Road. 3. Financial Assurances In order to secure the construction of the site improvements in Paragraph 2 above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above-described improvements. As a condition for issuance of a building permit for a portion or all of the utility installation, Savanah and City shall agree on that portion of the work outlined in Paragraph 2 above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanah to City, in all events, shall give the City the unconditional right, upon and following default by Savanah, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such 32 040937 01/24/92 16: 13 Rec 400. 00 }3K 667 PG 767-- Silvia Davis, P'itk:in Cnty__Clerk;9Doc $.00 default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to Savanah. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Savanah of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site improvements shall be retained until all proposed site improvements are completed and approved by the Public Works Director. At anytime and from time to time, Savanah shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination. 4. Employee Housing In connection with the construction of each single family residence there shall be constructed an accessory dwelling unit of 500 square feet above grade. These one bedroom units shall be deed restricted to the low income rental guidelines in effect from time to time as determined by the Housing Authority. It shall be the responsibility of the owners of each of the four single family sites to lease the employee units to qualified tenants as determined by the Housing Authority. The owners shall have the right to select the tenants. A copy of the deed restriction form for these residential sites is attached hereto as Exhibit "D" and is incorporat- ed herein by this reference. At the time of application for a building permit for any residential lot the City shall, if so requested by the lot owner, consider the appropriateness of accepting, instead of the accessory dwelling unit on the lot, cash in lieu thereof or an off-site employee unit. The decision shall be at the reasonable discretion of the City. H. ADDITIONAL PROVISIONS AND AGREEMENTS: 1) Access/Emergency Loop. The thirteen foot service access/emergency loop drive serving the lodge buildings on Lot 1 shall be constructed with an all weather surface adequate to support fire-fighting apparatus. Such access/emergency loop drive(s) shall be plowed, cleared and maintained to thirteen foot widths at all times of the year and particularly during the winter months. 2) Fire Protection. All buildings to be served and accessed from the thirteen foot access/emergency loop drive shall have interior sprinkling fire protection/ suppression systems as approved by the Fire Marshal and such system(s) must be approved prior to the issuance of a building permit. 33 4434093 7 01/24/92 16: 13 Rec $400. 00 BF: 667 PG 768 Silvia Davis, Pitkin Cnty Clerk ,-- Doc $.00 3) Fireplace Regulations. All residential units shall comply with fireplace regulations as contained in the Municipal Code and enforced by the Environmen- tal Health Department. No building permits shall be issued for residential units absent compliance with fireplace regulations. Savanah shall replace the wood burning fireplaces in the eight existing trustee house units on Lot 5 with gas log fireplaces. Minor relocations of existing fireplaces shall be considered replace- ment of existing and not the incorporation of new fireplaces. All disputes concerning the application or interpretation of fireplace regulations to the Project (and individual components thereof) shall be subject to review and determination by the Clean Air Board. 4) Drainage Mitigation. Prior to the issuance of a building permit for each component of the Project, a drainage mitigation plan for that component for run- off during construction activity shall be submitted to and approved by the City Engineer so as to insure against or minimize run-off into Castle Creek and the Roaring Fork River. 5) Fugitive Dust Control. Prior to the issuance of a building permit for each component of the Project, a fugitive dust control plan for that component must be submitted to and approved by the Environmental Health Department and applicable state agencies. Additionally, a fugitive dust control plan must be submitted and approved by the Environmental Health Department for the MAA parking lot prior to issuance of a building permit for the MAA rehearsal/ performance facility. 6) Energy Conservation -Savanah. All energy conservation and efficiency measures as represented by Savanah in its GMQS application and set forth in Exhibit "E" hereto regarding insulation, glazing, solar orientation, HVAC, and plumbing fixtures shall be incorporated into all residential units and the design(s) thereof must be approved by the City prior to issuance of any building permit for residential construction. These measures shall be further incorporated into deed restrictions and/or covenants for all single family homes and condominia. 7) Energy Conservation - Institute and MAA. Non-residential construction and facilities shall utilize state-of-the-art energy conservation and efficiency measures as represented by the Institute and MAA. Accordingly, detailed plans submitted for building permits for the lodge structures and the MAA rehearsal/performance hall must be accompanied by the energy information provided to staff in the Appropriate Technologies Associates' letter of May 3, 1991, Exhibit "F" and the MAA Rehearsal/Performance Hall Energy Conservation Description document submitted to Planning staff on May 20, 1991, a copy of which is attached hereto as Exhibit "G". The engineered thermal envelope calculation will be verified by the Building Department according to the Model Energy Code. 34 #k 937 01/74/92 i6: 13 Rex: $441. 00 BF: 667 PG 769 Silvia Davis, Pitk:in Cnty Clerk , Dor $.,00 8) Fox Dens. The Consortium has constructed replacement and additional fox dens in a manner and at locations selected in the field by the City, in consultation with the Director of the Aspen Center for Environmental Studies ("ACES"). 9) Re-Vegetation. Re-vegetation of all areas developed pursuant to the Plan shall be implemented in accordance with those guidelines as set forth by Design Workshop in its letter of March 21, 1991, a copy of which is attached hereto as Exhibit "H". All re-vegetation shall be inspected and monitored by the City to ensure that re-vegetation efforts and the protection of the same are successful. 10) Manicured Lawn Areas. New manicured lawn areas shall be minimized to the extent possible, except in those areas adjacent to the Music Tent, and as shown on the Plat. 11) Construction Barricading. Prior to excavation, temporary construction barricades and/or fencing shall be erected within five feet of the building envelopes of the tennis townhomes and trustee townhomes to prevent damage from falling debris to the slope bordering the development activity unless unstable soils dictate alternative locations mutually agreed upon by Savanah, the Building Department and Planning Office. Prior to issuance of building permits for individual components, the locations of all fencing and barricades shall be submitted to and approved by the Building Department and the Planning Office. All fencing and barricades shall remain in place throughout the construction process. 12) Amendments. Any SPA or Master Plan amendment or future development applications submitted by any non-profit user of the Property (Lots 1, 2 and 3) shall be applied for jointly by all non-profit property owners but need not receive approval of the owners of Lots 5-10 inclusive. This provision shall supersede any requirement herein or elsewhere in the Municipal Code or otherwise contained requiring SPA submittal approval by all property owners within a Specially Planned Area. Conversely, any SPA Amendment proposed to be submitted by any residential owner or association thereof (Lots 5-10, inclusive) shall require, in addition to the consent of the owners of the residential component involved, the approval of the resident non-profits of the SPA, which approval shall, however, not be unreasonably withheld. 13) Public Access. Public pedestrian access, excluding access to buildings, will continue to be allowed at reasonable hours throughout the entire academic (A), open space (OS), and wildlife preservation (WP) zone district areas of the 35 10937 01/24/92 16: 13 Rec 4110. 00 13K 667 PG 770 - lvia Davis, Pitkin Cnty Clerk: , Doc $. 00 Property, subject to reasonable regulations as may, from time to time, be established by the owners thereof in order to protect their property, as well as the academic privacy and serenity of the campus, its programs and the health and safety of other users and visitors. 14) MAA Parking Lot. The MAA parking lot shall be plowed and kept clear of snow during all wintertime performances or functions at MAA facilities. M. MISCELLANEOUS A. PERIODIC PROJECT REVIEWS To the extent practical and necessary, every six months following the date hereof until the construction of all components of the Project is complete, the Consortium shall, if requested thereby, meet with the City Planning Office for the purpose of informing the Planning Office as to the progress in developing the Project pursuant to the terms hereof. If the Planning Office deems it necessary, the Planning Office will report to the Aspen Planning and Zoning Commission on the outcome of one or more of these meetings. The Consortium and the City recognize that these meetings, when deemed necessary, are for purposes of providing progress reports and developing mutually acceptable solutions to any problems that may be encountered during construction. B. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that an individual member of the Consortium is not acting in substantial compliance with the terms of this Agreement and/or one or more of the Construction Schedules submitted to the City Engineering Department in accordance herewith (a "Non-Complying Member"), the City Council may issue and serve upon the Non-Complying Member a written order specifying the alleged non-compliance and requiring the Non-Complying Member to remedy the same within such reasonable time as the City Council may determine. Within twenty days of the receipt of such order, the Non-Complying Member may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Agreement should be granted with respect to any such non-compliance which is determined to exist. 36 0340937 01/24/92 16: 13 F,oc c_u0„ 00 DF.. 667 PG 771 Silvia Davis,_ P'itkinCnty Clerk , Doc $,00 Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings or pursuant to such other procedures, formal or informal, upon which the City and the Non-Complying Member shall agree. If the City Council determines by the evidence that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval granted herein shall be issued without a finding of the City Council that evidence warrants such action and affording the Non-Complying Member a reasonable time, not less than thirty days, to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Non-Complying Member, terminate any of the approvals contained herein which are reasonably related to the requirement(s) with which there has been such established non- compliance; however, under no circumstances will a failure to comply on the part of the Non-Complying Member in respect of any obligations that attend that component of the Project for which it is responsible, as outlined above, affect the approvals for any of the remaining components of the Project. The City Council may grant such variances, extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances as an alternative disposition of any finding of non-compliance. In addition to the foregoing, the Consortium or its successors or assigns, or any member thereof may, on its or their own initiative, petition the City Council for a variance, an amendment to this Agreement, or an extension of one or more of the time periods required for performance hereunder, or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances; provided in all events that the City Council shall not unreasonably refuse to extend the time periods for performance indicated in one or more of the Construction Schedules if the affected member of the Consortium demonstrates that the reasons for the delay(s) which necessitate such extension(s) are beyond the control of such member, despite good faith efforts on its part to perform in a timely manner. Notwithstanding anything in this Section B to the contrary, the foregoing concerning non-compliance and requests for amendments or extensions shall not apply in connection with any matter with respect to which the Aspen City Charter or the Municipal Code has invested original jurisdiction in other boards, such as the Board of Appeals and Examiners. With respect to such matters the rules of practice and procedure established for and/or by such boards shall, in the first instance, apply. Noncompliance with one or more of the Construction Schedules set forth above due to difficulties with fund raising or other occurrences outside of the control of the non-profit members of the Consortium shall be examined in any non-compliance hearing before the City Council and can be a basis for granting a variance from an extension of any of such schedules. 37 #.34.093 7 01/24/92 16: 13 ReS40o. 00 .F..:I 667 PG 772 �a ] wi�? Davis„ F'i.tk:in Cnt`/ L� or•k , Doc . 00 J C. GENERAL PROVISIONS 1. Notice. Notices to be given to the parties to this Agreement shall be deemed given if personally delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or at such other addresses as may be sustained upon written notice by the parties or their successors or assigns: • City of Aspen: City Planning Director cc: City Manager 130 South Galena City Attorney Aspen, Colorado 81611 Lot 1: Aspen Institute 1000 North 3rd Street Aspen, Colorado 81611 With a Copy To: Gideon Kaufman Wheeler Square Law Offices 315 East Hyman Avenue Aspen, Colorado 81611 . Lot 2: Music Associates,of Aspen 2 Music School Road Aspen, Colorado 81611 With a Copy To: Alan Schwartz 106 South Mill Street Aspen, Colorado 81611 Lot 3: Aspen Center for Physics 700 West Gillespie Aspen, Colorado 81611 With a Copy To: Nick McGrath 600 East Hopkins Avenue Aspen, Colorado 81611 Lot 4: City of Aspen/City Planning Director 130 South Galena Street Aspen, Colorado 81611 38 •c;4oQc)1/: 4/9: i61 3 0.400. 00 0. uo BE 667 PG 773 Silvia Davi ., Pitk:in Cnty _Cler•k_, Doc $_00__ —J Lots 5, 6, 7, 8, 9 and 10 Savanah Limited Partnership 600 East Cooper, Suite #200 Aspen, Colorado 81611 With a Copy To: Robert W. Hughes Oates, Hughes & Knezevich, P.C. 533 East Hopkins Avenue Aspen, Colorado 81611 2. Binding Effect. The provisions hereof shall run with and constitute a burden upon the title to the Property with the exception of Lot 4, thereof, which is not a part of the Aspen Meadows Specially Planned Area, and shall be binding upon and shall inure to the benefit of the Owner, each member of the Consortium and the City and their respective heirs, personal representatives, successors and assigns. 3. Applicable Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado and the Municipal Code of the City of Aspen. 4. Vested Rights. Pursuant to Section 24-6-207 of the Municipal Code, a Vested Property Right is hereby established for all development activities (including the siting and massing of building improvements) approved by this Agreement and, accordingly, for the three year period next succeeding June 10, 1991 no zoning or land use action by the City, legislative or otherwise, and no citizen initiated zoning or land use action shall in any manner alter, impair, prevent, diminish or otherwise delay any development activities or use of the Property approved by this Agreement, except: a. with the consent of the owner of the property affected by such action; or b. upon the discovery of natural or man-made hazards on or in the immediate vicinity of the property affected by such action, which hazards could not reasonably have been heretofore discovered, and which hazards, if uncorrected, would pose a serious threat to the public health, safety and welfare; or c. to the extent that compensation is paid as provided in Title 24, Article 68, C.R.S. • Nothing by the establishment of this Vested Property Right shall exempt the development activities or use of the Property contemplated in or by this Agreement from subsequent reviews and approvals which may be required by 39 410-0937 01/24/92 16: 13 Rec 10". 00 BK: 667 PG 774 Silvia Davis, Pitkin Cnty Clerk , Doc $. 00 _ other provisions of this Agreement or the general rules, regulations and ordinances of the City provided that such reviews and approvals are not inconsistent with the development activities or use of the Property contemplated in or by this Agreement. Moreover, the establishment of this Vested Property Right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City including, but not limited to, building, fire, plumbing, electrical and mechanical codes and in connection with any such development activities or use of the Property, the owner(s) of the property involved shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless such owner(s) shall have been granted an exemption therefrom in writing. Nothing by the establishment of this Vested Property Right shall preclude judicial determina- tion, based on common law principles, that a vested property right exists with respect to any development activity or use of the Property approved by this Agreement, or that any subsequently enacted or citizen initiated zoning or land use action has resulted in a compensable taking of all or some portion of the Property. In the event of a final determination by the Aspen City Council of a noncompliance with the terms of this Agreement by any Consortium Member, then so much of the Vested Property Right hereby established as relates to that component of the Project for which the Non-Complying Member is responsible, as set forth above, shall from then and thereafter no longer exist; provided that if such determination is ever judicially invalidated then the Vested Property Right formerly extinguished shall, ipso facto, thereupon be revived nunc pro tunc to the time of the City Council's determination of non-compliance. 5. Expiration of Development Allotment. The development activity contemplated in Subsection G of Section II of this Agreement shall be eligible for exemption from expiration under the provisions of Section 24-8-108 of the Municipal Code, notwithstanding that a building permit is not sooner obtained in respect of such development activity, if on or before three years next succeeding the effective date hereof application for such exemption is made by the owner(s) of any of Lots 7, 8, 9 or 10 and by the time of such application for exemption any conditions set forth in this Agreement relative to the development activities contemplated in Subsection G of Section II, which were to have been met by the time of such application have, in fact, been met, and all contemplated utilities have been installed to the lot lines of Lots 7, 8, 9, and 10 and the work and activities contemplated by Subsection D2 of Section I of this Agreement have been completed. 6. Severability. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section or the application thereof in any circumstances is validated, such provision, paragraph, sentence, clause, phrase, word or section shall be severed from the Agreement and the remainder shall remain in full force and effect. 40 #.37 01/24/92 16: 13 Fief $4 00 rsk:: 667 PG 775 Si:tviaDavis, Pitkin Canty Cler�_9Doc $. 00 _ _ 7. Incorporation of Recitals and Written Submittals. The City and the Owner hereby stipulate and agree that the recitals preceding this Agreement, and all of the written submittals (as amended and presently effective) made by Owner to City throughout the course of the Aspen Meadows SPA approval process, shall be deemed to be part of this Agreement and to be incorporated herein by this reference. The City will, upon request from interested parties, including prospective purchasers and lenders, and within a reasonable period of time following such request, issue appropriate written certification as to the compli- ance, or lack thereof, of any component of the Project with such recitals and written submittals. 8. Entire Agreement; Amendment. This Agreement contains the entire understand- ing and agreement between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instrument executed by each of the parties hereto. 9. Acceptance of SPA Final Development Plan; Ratification by Owner. Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the SPA Final Development Plan and Subdivision Plat for the Aspen Meadows, and to accept the same for recordation in the Recording Office of Pitkin County, Colorado, upon payment of the recordation fee and costs to the City by Owner. For its part, Owner hereby ratifies and confirms each and every representation set forth in the Plan, and made in the course of submittals and hearings (as amended and presently effective), upon which approvals granted may have been based. 10. Reasonableness. In all dealings with one another under, and in connection with all determinations or interpretations that are to be made pursuant to this Agreement, the parties hereto, their agents, employees, designees and affiliates, and any third parties called upon to make any determination pursuant to the provisions of this Agreement, shall conduct themselves reasonably, fairly and in good faith. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day:and year first above-written. t ' . N-1,.,"<: THE CITY OF ASPEN, COLORADO, a ATTEST: municipal corporation :.. °Kat y •%i ch; City Clerk .Joh Bennett, Mayor ,- i s .- = ti (Signatures Continued on Page Following) 41 -- . . .4.0937 01/24/92 16: 13 Reca0000 BI.:::. 667 PG 776 1 " ilvi_aDavis Pitkin Cnty Clerk , _D6c ,_$. 60 SAVANAH LIMITED PARTNERSHIP, a D' ii-c-FOr Columba limited partnership (1st \ , , THE , . ' N INSTITUTE IP 14_ 7. By: --........, - • III MUSIC ASSOCIATES OrASPEN • / • -.• / ,,,/ I By: 4 -701Ir / ASPEN CENTER FOR PHYSICS By0.,_,..4 ' __,...........„ , ..L, 7 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 3 day of -,-' ...II ANuoky , 1993.,- by OH ig 12 n vi Wpir 1 NI as Prr-0 a&WV 1 INJ FA!-1 for SAVAN ZiE . LIMITED PARTNERSHIP, a District of Columbia limited partnership. '-j-7=--- , -. - .•''-- ,'s WITNESS my hand and official seal. .. , • .---• s ,,,• •',,, -1 ,. '••,.-. - --‘`',-,,,,, My commission expires: . •:,. Z..7...'"; - ''-„,.. -''-'.:;'\':-:. '. ''''. '-. ' . , ISE.Ait2.r , -1. . ../. 4u /A 'A! . / i 4. 4 /... I /-.. . . . ,- a -/' ' - - - If . T.L.1 ': ' . i'ublic .--- . __........-- • - (Notarial Clauses Confirm,■ on 'age Following) p ' c• ,.,. • . . 42 N • .0 - -- ---0 ------' .--- 4740937 01P24/97 1613 Rec $400. 00 BK .667 PG 777 Silvia Davis, Pitkin Cnty Cierk, 'Ppc. 2$.00 _) STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument INgs acknowleggedcgae me is - day of is2\L - , 199-2„.-by 31_&j/THE/7) ' 141E-"*.r, as f A NSPEN IN TE. \"-• '''' WITNESS my hand and official seal. ; -'•.......s/ _ .i,•s„,..,..-:„.0 0,TA .. .....My commission expires: 7j 4 . . - _ VI' . / • .--- . 1:.::t,.z'-''''.'•.,‘'..P.. f, 043\- . \, in 7 ( ' L I C .. ' AWuFA i b lic 7 ...e. A }_ ■ A_l isli.:,-.,,Tk-i' .'W' toLORADO ) . . - ) ss• COUNTY.OP PITKIN ) The foregoing instrument was acknowle•dedb4ore-me this day of . .,, _41t4A u A-gy , 1992,..by ZO WI" • i414R-124 as ri2e-c(o --pr- for LI .v.: ASSOCIATIS WI—ASPEN. • .',,, '. .„•'''',...1•,, S,.;47.',. WITNESS my hand and official seal. ,''.\.,\--_-`.'"•-•:.•-•:'6-2,-•'My commission expires: 7 )_4., !-,•-'.(S,81,0 T, '.. .'._-:.--• - ,/.. I j„--..,• : . ji ../ , c•0: •i•-:-i'= /1 4'" 1, /1141-.4(4 / .L0 • : . a t 1-.) : . : / r ;'-.4,,,-,:*: . D LI Ci •:' e it Public ,,' / . -,-/..-.. , .- ;..:- et ::-k• .,,, ,. , -.• •,,, •- .' $17AM0LOItADO ) )- ss. • COUN' Y-OFIPITKIN " ) . , .The foregoing instrument was acknowlecl*ed befoi me tilis / day of U aizy , 199z. by ,6.e0g..(s6 TR Ali al-fil-N as far23E1EN ER FOR PHYSICS. • , . . ,. . _ ,•-''''' 5.1•;-,,; .--- WITNESS my hand and official seal. ,-- ;•,...•• 1 .-.:..-i.,,,.;, My commission expires:7_5q. ' . • .,(•-:•(..SEAL.) i ;.%,,i,-,7a, 1 . .,, . . . / , . ... . _ C,..' , .- ■4• ■ i b ublicZ , . , • --,,, ait: c.,0,„_-•'. .,,, , _ 'ik,v.anah\agmts\aftiineado.agt • "3eilf;o0-. . . , - ,,, ■ . . , 43 . . • ' 4 S0937 01/24/92 16: 13 REL. $400, 00• E4( 667 NC 778 Silvia Davis, Pitkin Cnty _Clerk:_,-- Doc s . 00 •- -- APPENDIX "LIST OF EXHIBITS" PAGE NO. EXHIBIT DESCRIPTION 1 A Legal Description of Property- 6 B Traffic Mitigation 8 C Utility Cost Estimates 33 D Deed Restrictions for Single-Family Sites 34 E Energy Conservation and Efficiency Measures 34 F Appropriate Technology Associates Letter 34 G MAA Rehearsal/Performance Hall Energy Conservation Description 35 H Design Workshop March 21, 1991, Re-Vegetation Letter savanah\misc\appendix.01 44 • #340937 01/24/92 1613 1 y $40 . 00. FtK 4,67-.PG 779• Silvis, Davis., Pitkin Cr C1. i� t_y .Doc.. $°c-��� ----- EXHIBIT "A" The Aspen Meadows LEGAL DESCRIPTION A tract of land located within portions of the North 1/2 of Section 12, and the South 1/2 Section 1, 'Township 10 South, Range 85 West of the 6th Principle Meridian, Pitkin County, State of Colorado being more particularly described as follows: Beginning at the center north 1/16 corner of said Section 12, described as such on the "Plat of the Aspen Meadows Subdivision Exception" and being a found in place 3/8 x 1 inch steel bar. Thence N 84" 14' 00" W, along the north line of Ben Deane Lot Split Subdivision and Castle Creek Subdivision, 797.62 feet to the easterly line of Red Butte Cemetery; Thence along the easterly boundary of said Red Butte Cemetery, the following nine (9) courses: 1) N 17"40' 15" E, 84.75 feet; 2) Thence N 13°01' 35" W, 65.00 feet; 3) Thence N 11° 33' 10" E, 96.62 feet; 4) Thence N 1°50' 20" E, 114.04 feet; 5) Thence N 14" 30' 25" W, 64.31 feet; 6) Thence N 4" 08' 30" W, 286.13 feet; 7) Thence N 21° 28' 50" W, 171.56 feet; 8) Thence N 16° 21' 15" E, 305.82 feet; 9) Thence N 1" 02' 20" W, 33.38 feet; Thence N 88° 35' 15" E, 392.52 feet; Thence N 5° 30' 00" E, 38.99 feet; Thence N 7" (16' 18" W, 14.77 feet to the southeast corner of Lot 10, Black Birch Estates. Thence along the easterly boundary of said Black Birch Estates, the following four(4) courses: I) N 29"54' 00" W, 199.72 feet; 2) Thence N 14° 17' 00" W, 119.61 feet; • 3) Thence N 15° 03' 00" E, 84.24 feet; 4) Thence N 52° 19' 00" E, 57.18 feet to the center line intersection of the Roaring Fork River and Castle Creek; Thence southeasterly approximately 3000 feet along the centerline of the Roaring Fork River, being described by the following seventeen (17) courses for the purpose of acreage calculations only, and is not intended for the establishment of boundary lines: 1) Thence S 40° 10' 12" E, 126.35 feet; 2) Thence S 64° 18' 32" E, 131.86 feet; 3) Thence S 82" (19' 52" E, 384.76 feet; 4) Thence S 50° 54' 59" E, 92.62 feet; 5) Thence S 17° 30' 46" E, 203.65 feet; 6) Thence S 19° 45' 08" W, 250.14 feet; 7) Thence S 10° 22' 00" W, 192.51 feet; 8) Thence S 44° 55' 01" E, 119.52 feet; 9) Thence S 82° 30' 46" E, 269.67 feet; 10) Thence N 76" 46' 08" E, 141.40 feet; 11) Thence S84° 08' 11" E, 120.42 feet; 12) Thence S 51° 11' 12" E, 217.42 feet; 13) Thence S 70" 55' 07" E, 239.71 feet; 14) Thence S 35° 54' 38" E, 162.80 feet; 15) Thence S 9" 06' 17" W, 129.26 feet; 16) Thence S 41" 26' 27" E, 115.37 feet; • 17) Thence S 76" 13' 42" B, 102.93 feet to a point on the westerly boundary line of Lot 1A Second Aspen Company Subdivision; ,# ,93 01/24/92 16: 13 Rec A(?, O& BK .667 Pb 784 Silyt _D� ya_ .,-_ F'itE::in Cnty Clerk, Doc__$. 0O Thence along the westerly boundary of said Second Aspen Company Subdivision, the following two (2) courses: I) S 0" 27' 00" E, 470.00 feet; 2) Thence S 16" 35' 00" E, 723.96 feet to a point along the north right-of-way of Gillespie Avenue; • Thence N 89" 58' 15" W along the north right-of-way of said Gillespie Avenue, 869.13•feet to - the west right-of-way of Sixth Street; Thence along the west right-of-way of said Sixth Street S(1" 12' 00" E, 199.71 feet to a point along the north right-of-way of North Street; Thence along the north right-of-way of said North Street N 75" 12' 00" W, 269.67 feet; Thence S 14°47' 30" W, 9.66 feet to a point on the Aspen Township Line 5-6; Thence N 65" 30' 00" W along said Aspen Township Line, 488.8(1 feet to a point along the east right-of-way of the original Meadows Road;Thence along said east right-of-way of said Meadows Road the following five (5) courses: 1) N 0" 54' 00" W, 400.71 feet; 2) Thence N 65°21' 00" W, 6.72 feet; 3) Thence N 0" 54' 00" W, 19.12 feet; 4) Thence along the arc of a curve to the right, having a radius of 1403.09 feet, a central angle of 8° 33'12" for an arc length of 209.46 feet, and whose chord hears N 3" 22' 36" E, 209.26 feet; 5) Thence N 7°39' 12" E, 296.47 feet; Thence N 84" 14' 00" W, 84.21 feet to the Tnte Point of Beginning and containin g 84.536 acres more or less. • • • 2 . 340937 01/24/92 16: 13 $400,, 00 BK 667. PG 781 Silvia Davis, Pitkin Cnty Clerk , Doc $.00 . ._ EXHIBIT "B" I I THE ASPEN MEADOWS TRAFFIC MITIGATION PLAN • February, 1991 • 1 1 • 5 e • �$400. 00 BE:: 667 PG 782 #:340937 011..:..4/9'" 1ba 1 _ R Silvia Davis, Pitkin Cnty Clem: , Doc $.00 ITHE ASPEN MEADOWS ITRAFFIC MITIGATION PLAN IThis plan has been prepared by the following individuals: Committee Members: IKing Woodward, The Aspen Institute IKim Johnson, Aspen/Pitkin County Planning Office Dan Blankenship, Roaring Fork Transit Agency IGeorge Vicenzi, West End Resident Robert Harth, Ed Sweeney, Music Associates of Aspen IDon Swales, West End Resident IRoger Hunt, Aspen Planning and Zoning Commission and West End Resident Perry Harvey, R.J. Gallagher, Hadid Aspen Holdings, Inc. IBob Felsburg, Felsburg Holt & Ullevig Other Participants: IJohn Goodwin, Aspen Police Chief Chuck Roth, Aspen Public Works Department I Jan Collins, West End Resident IAmy Margerum, Aspen/Pitkin County Planning Office I I 1 I I . I #• 1110 340937 01/24/92 16: 13 Rec $400 00 BFI:: 667 PG 783 Silvia Davis, Pitkin Canty Clerk: , Dar $.00 I. Introduction ' During the late summer of 1989 the City of Aspen began the preparation of a Master Plan for the Aspen Meadows property. This plan, completed in January 1990, was formulated within the framework of four goals. Two of the goals, which are directly related to the ' traffic and transportation aspects of the plan, were stated as follows: Goal 3: Mitigate, to the maximum extent feasible, the effects of the devel- opment on neighboring properties. ' Goal 4: Mitigate, to the maximum extent feasible, the project's impacts on the overall community. ' From a transportation standpoint, the Master Plan included a number of physical elements in the site plan which were directed at achieving these goals. These included creating a i new primary access point to the West Meadows via Seventh Street, constructing a new trail system linking both the East Meadows and the West Meadows to the City's trail system, and improving the MAA parking lots to better serve automobiles and transit interface. However, the Master Plan went even further and identified a number of mitigation measures, many of which are operational in nature, which should be explored. These included such measures as controls on delivery vehicles; plans for smaller, non-diesel ' transit vehicles; shuttle service to/from the Meadows; parking controls; and emphasis on pedestrian and bicycle access. ' To respond to this concern, in October 1990 the Consortium formed a committee to further evaluate mitigation measures and to develop a traffic mitigation plan for the Aspen Meadows project. This committee was comprised of representatives of the owners and users of the property, West End residents, the manager of the Roaring Fork Transit ' Agency (RFTA), representatives of the Aspen/Pitkin County Planning Office, a member of the Aspen Planning and Zoning Commission, and a professional transportation consul- tant. The committee held seven meetings between October 30, 1990 and February 5, 1991 ' to discuss mitigation measures and to prepare this plan. In addition to committee mem- bers, other residents and City employees participated in these meetings. ' Early in the process, the committee formulated the following goal statement which directed the committee's efforts: "To develop mitigation measures for the Aspen Meadows facilities to reduce automobile use and it's impact on the West End neighborhood and the community at large, and to make the Meadows facilities more accessible to residents and guests in environmentally sound ways." ' The resulting plan has been developed in two components. Because the characteristics associated with the lodge, restaurant, and health club facilities on the western portion of the property differ significantly from those of the MAA facilities on the eastern portion, 1 the mitigation measures appropriate to each portion also differ. Therefore, the following sections provide a series of mitigation measures for each of the areas of the property. With each measure are provided a brief description of the action, the suggested phasing for implementation of the measure, and identification of the responsible party. 1 ' • #340937 01/24192 16: •Rec $400. 00 K 667 PC 784 Silvia Davis, Pitk:in Cnty Clerk, Doc $, 00 In developing and implementing this or any mitigation plan, it is important to understand that the plan must be evolutionary. While the goal of the plan must remain steadfast, the ' mitigation measures and the details of their implementation must be flexible, requiring monitoring and fine tuning over the years. It is recommended that the City undertake a program to review the effectiveness of the mitigation measures on a regular basis and to work with the Consortium to modify the details of the measures to ensure effective, yet 1 efficient, implementation. 1 I I I I I 2 • t#340937 ci1124/92 16: 17 c 4c�c_i, c?i� St::: 66 Silvia Diavi yq Pitkin Cnty Clerk: 7 PG. 785 Doc $. 0C) II. Mitigation Plan for West Meadows Facilities A. Background Currently, the residential units on the western portion of the Aspen Meadows ' property include 60 lodge units and eight townhouses. The conceptual SPA approval included the addition of four single family residences, ten new three- bedroom townhomes, and 50 lodge units. The purpose of these additional facilities is primarily to better serve the group activities sponsored by the members of the ' Consortium. During the summer months, use will be almost exclusively by these groups. During the winter season, it is anticipated that the lodge may be operated for public use. Furthermore, the restaurant will be renovated, but will not be ' expanded. Finally, the health club, used primarily by guests of the West Meadows, will be enlarged slightly. In developing the mitigation plan, the committee considered measures that ad- dressed each of the primary user groups of the West Meadows facilities: guests, employees, and users of the restaurant or health club who are not staying on the grounds. ' Furthermore, a mitigation plan usually includes auto disincentives and incentives to use other modes of transportation. Auto disincentives are restrictive measures ' that discourage individuals from using their automobiles. The second element is comprised of measures that make it attractive and convenient to use alternatives to the automobile. As will be highlighted by the list of measures described in the ' following section, this mitigation plan includes a wide range of both auto disincentives and alternative mode incentives. How effective will this plan be? While it is very difficult to project exactly how ' much trip reduction will occur as a result of this plan, the committee believes that it has the potential to significantly mitigate the effects of additional traffic due to the new development. The following table presents a summary of trip generation ' which might be expected from the West Meadows based on trip rates typical of the Aspen area if no specific mitigation program is implemented. As shown, the existing residential and restaurant facilities could generate about 750 vehicle trips ' per day. The proposed additional residential units could generate another 340 trips per day, bringing the total trip estimate to nearly 1,100 vehicles per day. Thus, a 30 percent trip reduction would result in total traffic generation with the expanded facilities equal to that which could be generated by the existing facilities without a ' mitigation plan. Because of the nature of the users of the West Meadows and the broad-based character of the mitigation plan, it is believed that, when properly implemented, the proposed plan will achieve these results. ' 3 I 0 #340937 01/24/92 ib: 13 • $400, 00 — - - - - Silvia. Davis, Pitkin Cnty Clerk: , Doc S. on PG 786 I on c co I 0 C co 4) I U 4+ .. • '� O LO `n O O cn rn M -- �VI O o0 I C_ C C co 74 o a 0 C O ° c cl r�i U c I a. S 4) I Q R ^c _ ,.o o M 1 c OI p E.. N O N sO M .. C 4] d E Q W eu 'd C O O L. i 111 0. M [� �I L O L O • C cC I L S al iy{L7 .N O E p C- •� ,C 00 O O 'OI U co E ✓ Q C C O w ∎ oo a. co C r7 Q I on Ca E o L ^ . ^ O U C 0 aci 0 a `� v) , °° - � L Mt oo c : ° N 0. - Ca F •i Em to 4) .�..i v'i 4) ;a a \ .L+ L O �, c E4 in t oo v y oM on F- ' -o .d p� �- c �; -� c x o y i v a a)I y N I 4 ' •*340937 01/24/92 16: 13 Re•400. 00 BP:: 667 PG 787 Silvia Davis, Fitk:in Cnty Clerk , Doc $. 00 B. Elements of Mitigation Plan ' The following elements of a traffic mitigation plan directed at West Meadows related traffic have been identified. 1. Airport Van Service Description: A free van service to and from the airport will be provided for guests and residents of the West Meadows. Because it is antici- pated that most of the guest visits will be prearranged, the lodge will dispatch the van (a vehicle with an approximate capacity of 12 -16 passengers) to pick up guests based on their flight schedule. ' Similarly, departures will also be able to be prearranged. All guests will be encouraged to use this convenient, yet efficient, service. ' Phasing: This service will be initiated upon opening of the renovated lodge. Responsible Party: Lodge operator through agreement with Aspen ' Institute. 2. Van Service to/from Town ' Description: A free van service will be operated between the West Meadows and downtown Aspen. This service will be available to all ' guests, residents, and employees of the West Meadows, including users of the restaurant, tennis courts, and health center. The ser- vice will utilize a relatively small vehicle, seating approximately 12- 16 passengers. The service will be a regularly scheduled service ' with frequent headways. During the high season, this route will run from early morning to late evening on one-half hour headways. The schedule will be adjusted for applicability to each season, and ' may be provided on an "on demand" basis during certain seasons. Phasing: The basic service described above will be initiated with the ' opening of the renovated lodge. Its usage will be monitored, and the service will be adjusted as necessary to meet the demand of the patrons. ' Responsible Party: Lodge operator through agreement with Aspen Institute. 3. Chartered Vehicles for Group Activities ' Description: When appropriate, g roup activities either leaving or coming to the West Meadows will be served by chartered vehicles arranged by ' the management of the West Meadows. By providing this service, management will be better able to control the number and/or size of vehicles serving the participants in such activities. Furthermore, encouragement of the use of this service will discourage the use of ' private automobiles by participants. ' 5 •340937 01/24/92 16: 13 Re1114O0. O0 BK 667 PG 788 Silvia Davi s, Pitkin Cnty Clerk , Doc $.00 Phasing: This service will be provided with the first organized groups using the West Meadows. ' Responsible Party: Lodge operator. ' 4. Guest Parking Description: No parking for the lodge units will be provided adjacent to the units. Instead, parking for these units will be located in a parking ' structure under the tennis courts. Thus, even if guests bring vehi- cles to the campus, their vehicles will not be immediately available to them. Furthermore, guests will need to walk past the van service ' in order to get to their vehicles. It is hoped that this concept will encourage guests to use the van service rather than their private automobiles. Phasing: See construction schedule. Responsible Party: Aspen Institute 5. Trail System Description: Site planning has provided for on-campus trails that connect to the extensive city-wide pedestrian and bike trail system adjacent to the Meadows property. Thus, the Meadows trail system has been ' designed to complement the City's efforts in developing pedestrian and bicycle trails, thus encouraging guests of the.Meadows to use these modes of transportation. ' Phasing: The on-site trail systems will be phased through the City's trail construction program. ' Responsible Party: City and the Consortium. 6. Bicycle Facilities Description: Bicycles will be made available for use by guests of the lodge at a minimal fee designed to cover maintenance, replacement, and administrative costs. Furthermore, bicycle racks will be provided at ' those facilities which may be used by persons not lodged at the West Meadows (for example, at the health center and at the tennis courts). ' Phasing: It is expected that this program will begin with 25-30 bicycles available. The program will be monitored and the supply of bicy- cles will be increased accordingly. ' Responsible Party: Lodge operator. I i ' 6 340937 01/24/92 16: 13 Rec .400. 00 BE( 667 F'9 789 Silvia Davis, F'itk:in Cnty C1err•k q Doc $.. 00 ' 7. Promotional Materials ' Description: All promotional materials for the West Meadows lodge will emphasize the availability of the van service, will encourage walk- ing and bicycle use, and will discourage the need for personal ' automobiles. The focus of this mitigation measure is to precondi- tion the guest so that he or she chooses not to even rent a car upon arrival in Aspen. ' Phasing: This message will be included in all promotional materials published for the renovated lodge. ' Responsible Party: Lodge operator and Aspen Institute. 8. Employee Parking ' Description: Limited employee parking will be provided on-site. This parking will be available only for employees for whom vehicles are essential for the execution of their jobs and for employee carpools ' of 3 or more persons. A ride matching service will be available through management to encourage the formation of carpools. Furthermore, employees will be provided with their choice of ' subsidized transit passes or subsidized parking at the Rio Grande parking garage. A shuttle service will be provided for employees from the Rio Grande garage either in conjunction with the regular- ly scheduled van service to Town or as a separate operation. Phasing: This measure will be implemented with the opening of the renovated lodge. ' Responsible Party: Lodge operator and Aspen Institute. ' 9. Coordination with Potential Rail Service Description: If passenger-rail service does materialize on the Rio Grande ' right-of-way, a transit stop will be encouraged in a location which would allow access to the Meadows via the pedestrian bridge on the Roaring Fork River. ' Phasing: To be implemented with the initiation of rail service. Responsible Party: Applicant and Rail Service Operator 1 I 7 409317 01/24/92 16: 13 Roc•00, 00 667 PG 790 Silvia Davis, F'itkin Cnty Clark , Doc $. 00 10. Delivery Truck Restrictions Description: Because of the expected infrequency of large vehicle deliveries to the West Meadows property (approximately 4 to 5 per day), it is recommended that truck restrictions be focused on time of day and route restrictions. It is recommended that deliveries will be limited ' to the hours of 9:00 - 11:00 A.M. and 2:00 - 4:00 P.M. Thus, the noise impacts of delivery vehicles will not occur during the most sensitive time periods. Furthermore, all deliveries to the West ' Meadows will be restricted to use of Seventh Street only between the Meadows and SH 82. These restrictions will be implemented through operator agreements. ' Phasing: The time of day and route restrictions will be implemented upon opening of the renovated lodge. Responsible Party: Lodge operator and Aspen Institute. 1 1 1 1 8 ' . •• 7 01/24/92 if 13 Rec $400. 0o Fly:: 667 F'G 791 Silvia Davis, Pitkin Cnty Clerk , Doc $. 00 Mitigation Plan for MAA Facilities ' A. Background The MAA facilities, located on the eastern portion of the property, will include ' rearranged seating in the tent and a new rehearsal facility to accommodate rehears- als and small performances. It is important to note that the modifications to the performance tent will not increase the size of the audiences; they will simply improve the seating conditions for the audiences. Although there are students and faculty associated with traffic related to the MAA facilities, the majority of concerns expressed by neighbors are related to the ' impacts created by concert-goers. Therefore, most of the mitigation measures included in this plan are focused on these users. Principally, these measures are directed at encouraging concert-goers to walk, bike, or ride the transit system ' rather than driving their automobiles to the concert. This part of the plan particularly will be evolutionary in nature. Efforts to reduce auto use have already been undertaken in recent years by the MAA in conjunction ' with West End residents. The elements discussed in the following section are a further expansion of these earlier efforts. As the program is implemented and evaluated, it is expected that even further refinements will be appropriate. ' B. Elements of Mitigation Plan ' In developing a mitigation plan to address MAA traffic, the program focuses on several measures. 1. Promotional Materials ' Description: Promotional materials (including maps distributed by MAA will encourage use of transit, bicycles, or walkways to access the ' concert site. Phasing: These efforts have already been initiated and will be continued. ' Responsible Party: MAA 2. Pedestrian/Bicycle Ways Description: An enhanced system of routes exclusively designated for use by pedestrians and bicyclists to access the concert area will be ' implemented. This system will include: o Continued designation of the Lake Avenue pedestrian/bicycle way. ' 9 •#1340937 01/24/92 16213 R40000 Bl:; 667 PG 792 Silvia Davis, F'itkin Cnty Clerk , Doc $e00 ' o Fourth Street will be closed to automobile traffic from Gillespie Street to Main Street for approximately one hour ' before and one hour after major concerts. Prior to concerts, the street will be for pedestrian/bicycle use only. After the concerts, it will used for pedestrian/bicycle traffic and for buses leaving the MAA grounds. Allowing buses to use this ' route after concerts will separate the buses from automobile traffic, thereby decreasing the delay experienced by the buses and thus providing an incentive for using the transit ' service. This closure will include barricades and appropriate signing at both ends of Fourth Street and will require tem- porary warning signs at each cross street to ensure the safety of pedestrians and bicyclists. Furthermore, the proposed ' design of the MAA parking lot provides for a continuation of the pedestrianway from Fourth Street to the music tent. ' o Facilities for bicycle storage during concerts will be pro- vided in the vicinity of the tent. ' Implementation: It is anticipated that the Fourth Street closure will be implemented during the next concert season. The bicycle storage facilities will be provided with the improvements to the MAA parking lot. Responsible Party: MAA and City. I3. Enhanced Transit Service Description: Transit service to the MAA grounds will continue to be improved and ' emphasized. This includes elements affecting the city-wide system, circulation through the neighborhood, and on-site operation: o All city-wide RFTA bus routes serving the West End, as well as the ' special MAA bus runs, will continue to provide service. Enhanced signing and bus service information will be provided at the Rio Grande parking garage to direct patrons to the bus stop on Main ' Street. o Prior to a scheduled concert, large buses (unless carrying a greater ' number of passengers than can be accommodated by the circulating shuttle or during inclement weather) will unload all passengers at the intersection of Fourth/Main. Concert goers will then be en- couraged to walk on Fourth Street to the tent or to use the smaller ' vehicle shuttle which will be circulating on Main, Fifth, Gillespie, and Third Streets. This vehicle will be a compressed natural gas powered vehicle and will operate for approximately one-half to one ' hour before the concert. Following concerts, buses will stand by on Fourth Street or at the transit stop in the parking lot to transport concert goers back to the ' center of town. 10 ' •.0937 01/24/92 16: 13 Roc ,_?s?viu:? Bt::: 667 F*G 793 Silvia Davis, Pitkin Canty Clerk Doc $, 00 o The MAA parking lot has been designed to provide a location for buses to load and unload passengers while removed from Gillespie ' Street. This location is on the south end of the parking lot and would allow good clockwise circulation of the buses from Fifth Street into the parking lot and back out onto the street system at Fourth and Gillespie. Phasing: It is anticipated that this improved transit service will be provided during the next concert season. The program will be monitored and the service ' will be adjusted accordingly. Responsible Party: The transit service will be the responsibility of RFTA. The ' transit improvements in the parking lot will be the responsibility of the MAA. 4. Truck Restrictions Description: Although the number of large vehicle deliveries to the MAA facilities is very limited, it is recommended that all such vehicles will be restricted to ' using Third Street only between the MAA grounds and Main Street. MAA will enforce this limitation with their vehicle drivers. 1 Phasing: These restrictions will be implemented during the next concert season. Responsible Party: MAA 5. Residential Parking Permit Program Description: A residential parking permit program is still under consideration. This program would prohibit all parking on streets from Mill Street to Eighth Street and from Main Street to the Roaring Fork River other than for residents or their guests during the concert season. The MAA would institute paid parking in their lots in connection with this plan. Permit ' parking may require issuance of vehicle stickers for a fee, installation of appropriate signage, and City enforcement. ' Phasing: It is recommended that the residential parking permit program be instituted after the effectiveness of the remainder of the mitigation plan has been evaluated. Because of the significant impacts of such a program ' on the residents of the West End, further input from the residents should be incorporated into an implementation plan for this program. Responsible Party: MAA, City and West End residents. 1 1 ' 11 #340937 01/24/92 16: 13 Rec $400. 00 BK 667 F'S 794 Silvia Davis, Pitk:irl Casty Clerk , Doc $"00 _ — EXHIBIT C ASPEN MEADOWS SUBDIVISION/S.P.A. ESTIMATE OF PROBABLE CONSTRUCTION COSTS December 5, 1991 This estimate of probable construction costs Is based on preliminary design and represents Leonard Rice Consulting Water Engineers best professional Judgement. It does not, however, constitute a warranty or representation that actual bids will not vary from this estimate no matter how carefully prepared. 1 1 1 Water 1 Sanitary 1 Gas I Electric ITeiephone 1 Cable TV 1 1 1 Mains 1 Sewer I Lines I Lines 1 Lines 1 1 ' 1_ ___— — I- I 1 LOT 1 - PH I * 1 $133,000 I $168,000 I $40,000 1 $95,000 1 $10,000 I $10,000 1 1 1------ 1----------1--- 1 1 1------1----------1 1 LOT 1 - PH II * 1 $87,000 1 $131,000 I $17,000 1 $35,000 1 $10,000 1 $10,000 1 1 I 1 1 1 s LOT 2 1 PH II 1 PH II 1 PH II 1 PH II 1 PH II 1 PH II 1 1 LOT 8 1 N/A I $123,000 1 N/A 1 N/A 1 N/A I N/A 1 1 1 I , , I I 1 LOT 4 I WA I WA 1 WA 1 WA 1 N/A 1 N/A 1 °_I____..-----i--------I------i-- I 1 1 1 LOT 5 I PHI 1 $30,000 I PHI I PHI 1 PHI I PH I 1— - ___1 I I 1_____ ,_ 1 LOT 8 1 PH I 1 $38,000 1 PH l 1 PH 1 1 PH I 1 PH I I I- I- --I- -I_ i-_"_----I —1 -- 1 LOT 7 - 10 1 $43,000 1 $40,000 1 $6,000 I $12,000 1 $5,000 1 $5,000 1 I--_ _----I-----_"_-1 1----- I- --i""---^I 1 1 CASTLE CR. LINE 1 N/A 1 $230,000 I N/A 1 N/A 1 N/A 1 WA 1 1¢¢esaeer_¢xx¢caa l¢aaa:sc==e leaa¢a=¢¢a¢,¢a¢a====ea 1¢aane¢=aa¢I ==ss l¢¢a¢¢¢aami 1 TOTAL 1 $243,000 I $780,000 1 $63,000 1 $142,000 1 $25,000 1 $25,000 1 i __ ¢Iarsm_e¢1aa__�aca=al¢¢rsaa¢aa¢1¢rscca=r=I PH I - Infrastructure Installation generally defined as west of the existing 18" water Ilne. PH II - Infrastructure Installation generally defined as east of the existing 18" water line. • 4340937 01/24/9 16: 13 Pc:: $400. 00 BK 667 PG 795 . 0 Silvia Davis, Pitkin crill Clerk , Doc $e00 i' EXHIBIT "D" EMPLOYEE HOUSING DEDICATION THIS DEDICATION, is made and entered into as of the day of , 199_, by ("Owner"), with reference to the following: WITNESSETH: WHEREAS, Owner is the record owner of the following described real property (the "Property"), to wit: Lot , The Aspen Meadows Subdivision, according to the Aspen Meadows Final S.P.A..Development Plan and Final Subdivision Plat recorded in Book at Page of the Pitkin County, Colorado real property records • WHEREAS,pursuant to the provisions of the Development and Subdivision Agreement "The Aspen Meadows" Specially Planned Area recorded in Book at Pages , et seq. of the Pitkin County, Colorado real property records, ("Development Agreement") Owner is required at this time to dedicate the Property to specific employee housing restrictions and guidelines; and WHEREAS, Owner desires by this instrument to effect such dedication upon and with respect to the Property. NOW, THEREFORE, pursuant to and as required by the terms of the Development Agreement, Owner hereby declares, covenants and agrees that: 1. The accessory dwelling unit ("Unit") that is situate on the Property shall be and hereby is restricted in terms of use, occupancy, and rental exclusively to low income employee housing use, occupancy, and rental guidelines and qualifications that may, from time to time, be in effect, duly adopted, and regularly and uniformly applied by the City of Aspen or its duly constituted employee housing designee OATES,loon HUGHES As&IINazaBuiHP.0 ("Housing Authority"). The Unit shall not be condominiumized. Third Floor,Aspen Plaza Building 533 East Hopkins Aspen,Colorado 81611 411 0740977 01/24/92 16: 13 Rece400. (_0 BE;: 667 PG 796 Silvia Davis, Pitkin Cnty Clerk , Doc _$. 00 ---_' 2. The Owner of the Property shall be responsible for leasing the Unit to qualified residents of Pitkin County as determined by the City or, as the case may be, the Housing Authority. Verification of employment and income levels for the individual(s) who occupy the unit shall be completed and filed with the City or the Housing Authority prior to the inception of any tenancy or occupancy. The Owner of the Property shall have the right to select tenants for the Unit provided that, in all cases, such tenants shall be qualified in terms of employment and income level as set forth above. Except for normal hiatuses arising in the ordinary course from the termination of one tenancy and the inception of a new tenancy, the Unit shall at all times be used and occupied for employee housing purposes, as set forth above. Should the Owner of the Property fail to maintain the Unit so occupied, the City or the Housing Authority shall have the right to propose to the Owner of the Property a list of eligible tenants therefor, from which list the Owner shall be obligated to select a tenant(s) for the Unit within thirty (30) days. All leases or occupancy agreements for the Unit shall, at a minimum, be in writing, shall be approved in advance by the City or Housing Authority, shall be for a term no less than six (6) months, and shall adhere to and abide by the employment, income levels and employee housing guidelines set forth above. 3. The dedication and covenants contained herein shall be deemed a burden upon and to run with the title to the Property, shall be binding upon the Owner and its successors and assigns, and upon all other persons or entities having any right, title or interest in or to the Property, or any part thereof, and shall inure to the benefit of and be specifically enforceable by the City of Aspen or the Housing Authority by any appropriate legal action, including injunction, • abatement or eviction of non-complying tenancies. 4. Neither this dedication nor any of the covenants contained herein shall be modified, released or waived in any respect except by written instrument executed by both the Owner, at any time, of the Property and the City of Aspen, Colorado, and duly recorded in the Pitkin County, Colorado real property records. 2 • • 111/ #340937 01/24/92 16: 13 Rec $400. 00 Eck; 667 Ps 797 Silvia Davis, Pitk_in Cnty Clerk , Doc $_0O IN WITNESS WHEREOF, Owner has made this Dedication as of the day and year first above-written. OWNER: STATE OF ) • ) ss• COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 199_, by WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public Approved as to form and content: THE ASPEN PITKIN COUNTY HOUSING AUTHORITY By: • savanah\doca\dedicate.02 3 • • 110 • #340937 01/24/92 16: 13 Rec $400. 00 BK 667 PG 798 Silvia Davis, F'itkin Cnty_ Clerk , Doc $.00 EXHIBIT "E" Energy Conservation and Efficiency Measures The applicant is committed to energy-efficient building design and construction standards beyond those required by the Building Code. The applicant's commitments for the residential projects are as follows: (1) Insulation: Thermal resistance values of the building envelopes will exceed criteria mandated by the Energy Code Amendment to the Uniform Building Code. Exterior surfaces of all heated spaces will conform to the following minimum specifications: - • Walls: R-26 • Roof: R-38. • Floors (over unheated spaces): R-19 The greatest opportunity for energy conservation occurs in the types of materials specified in the construction of the building envelope. An infiltration barrier wrap such as "Tyvek" will be installed around the entire building exterior which will significantly reduce infiltration. All penetrations of the wrap will be carefully caulked and sealed to further enhance the effectiveness of the barrier. High quality windows and doors with state-of-the-art closures and gasketing methods will be specified throughout. In addition to the exterior barrier wrap and internal bat/rigid insulation, an interior vapor barrier will be provided. This vinyl vapor barrier will not only further decrease infiltration •.340937 01/24/92 16: 13 R •400. 00 BK 667 PG 799 Silvia Davis, Pitk:in Cnty Clerk , Doc_ $_c=yc?_---- — – but will tend to hold interior humidity levels at least 10 to 15 percent higher than exterior levels resulting in a greater degree of occupant comfort at lower room temperatures. All penetrations of the vinyl•vapor barrier at windows, doors, wall switches and outlets will be sealed. With the individual units sealed and insulated, an air-to-air heat exchanger will be used to control the indoor air environment while significantly reducing energy losses. Expandable foam insulation will be utilized at all exterior door and window frames to cut down on air infiltration in these locations. (2) Glazing: Skylighting will be encouraged to assist heating by passive solar gain. All of the glazing in this project will be selected with the highest "R" value practical. Glazing located within six feet of the floor will be low "E" type to enhance the warmth radiating between occupant and glazing. The use of low "E" glass will permit a significant improvement in the occupant's sense of comfort because of its effectiveness in reradiating interior warmth. (3) Passive Solar Shading Devices: • Herbert Bayer installed sun screen trellises on the trustee units to protect the South and West exposures from excessive overheating. These same devices will be used on the new Trustee Houses and townhomes to minimize heat gain in the occupied spaces. These will occur on all South and West elevations of both buildings which are not protected by roofs. • Deciduous trees used as shading devices have also been planned for Trustee Houses. (4) Mechanical: All space heating and domestic water heating equipment will be rated with AFUE efficiencies of 90% or greater. All heating distribution ductwork and piping in unheated spaces #h34i X93 7 01/24/92 16: 13 F;•-$400. 00 BK 667 PG 800 Silvia Davis, F'itk:in Cnty Clerk, Doc $. 0t?- --- -- - will be insulated to a minimum of: R-8 Duct insulation; R-3.7 Pipe Insulation; R-6 Insulation on recirculation hot water pipes Programmable set-back thermostats will be used for each heating zone. Outdoor swimming pools and hot tubs, if any, will be provided with insulated covers. (5) Lighting: Both interior and exterior lighting will be specified utilizing the latest in energy efficient bulbs. Whether incandescent or fluorescent, high lumen output/low wattage bulbs will be specified. In addition to using high efficiency bulbs, multiple switching within each space will be designed to closely approximate task lighting based on probable furniture layouts while maintaining sufficient flexibility to focus on task lighting arrangements as the house is occupied. After these efficiencies have been maximized, daylighting will be considered for additional efficiencies. Careful selection and location of glazing materials will permit minimum energy inputs in during daylight hours while avoiding the use of shading devices to minimize glare. Any p g Y skylights to be utilized will employ high "R" value glazing and will be strategically located to permit maximum natural light penetration into the unit interiors with minimum total glazing area. (6) Building Orientation and Solar Utilization The majority of building units have major view and glass orientation to the South. Special glazing will minimize heat loss during the colder months. Operable windows will provide ample cooling and through-ventilation during the warmer months. (b) Water and Wastewater. (Maximum 2"points). Considering the extent to which the proposed development will use water conservation techniques such as water conserving plumbing fixtures or wastewater reuse systems or will 0 #340937 01/24/92 16: 13 OR $400. 00 BK 667 P6 801 Silvia Davis, Piti_::in Cnty Clerk , Doc $. 00 conserve surface water resources through irrigation, sprinkling, ponding and similar site enhancements, and considering whether the applicant dedicates water rights to the City of Aspen. Efficiency in domestic water use will be achieved by utilizing water-efficient shower heads, faucet aerators and flush toilets. . Maximum flow criteria for water-using appliances are as follows: Shower heads 2.5 Gpm Faucet aerators 2.5 Gpm P Toilets 2.5 Gallons per flush Over the years, the existing irrigation ditches have been used to water a portion of the lawns and gardens at the Meadows. At other times domestic water has been used because of inadequate maintenance of the ditch system. For instance, domestic water has been used exclusively on the Institute grounds in recent years. The non-profit organizations have agreed that in the future, the lawn and garden areas within their parcels will be maintained with irrigation water. This will assure that treated water is conserved and these water rights are protected. The limited lawn areas of the residential projects will also be irrigated in this fashion if adequate water is available and the water can be efficiently delivered to these sites. • (c) Air. (Maximum 2 points). Considering the effect of the proposed development on the City's air quality, including but not limited to whether fewer or cleaner wood-burning devices than allowed by law will be installed; whether existing dirty burning devices will be.removed or replaced by cleaner burning devices; whether dust prevention measures are employed on the unpaved areas; and whether any special emission control devices are used. In keeping with Aspen's clean air standards, the 8 wood-burning fireplaces in the existing Trustee Houses will'be converted to gas-log fireplaces. It is also anticipated that gas-log fireplaces will be provided in the 14 new residential units, if this can be done in compliance with • i#340937 01/24/92 16: 13•c $400. 00 Eck:: 667 PG 802 Silvia Davis, F'itkin Cnty_ Clerk , Doc $.00 J conserve surface water resources through irrigation, sprinkling, ponding and similar site enhancements, and considering whether the applicant dedicates water rights to the City of Aspen. Efficiency in domestic water use will be achieved by utilizing water-efficient shower heads, faucet aerators and flush toilets. - Maximum flow criteria for water-using appliances are as follows: Shower heads 2.5 Gpm Faucet aerators 2.5 Gpm Toilets 2.5 Gallons per flush Over the years, the existing irrigation ditches have been used to water a portion of the lawns and gardens at the Meadows. At other times domestic water has been used because of inadequate maintenance of the ditch system. For instance, domestic water has been used exclusively on the Institute grounds in recent years. The non-profit organizations have agreed that in the future, the lawn and garden areas within their parcels will be maintained with irrigation water. This will assure that treated water is conserved and these water rights are protected. The limited lawn areas of the residential projects will also be irrigated in this fashion if adequate water is available and the water can be efficiently delivered to these sites. 110937 01/24/92 16: 1:3 Rec 0110. 00 BK 667 PG 803 i 1via Davis, Pitkin Cnty Cler_E_qDoc $n _c�!0 i . EXHIBIT "F" . ' • APPROPRIATE TECHNOLOGY A . ____ ____________ Solu,- Energy for Sustainable Development . Mr. Fred Smith, vice President 3 May 1991 Aspen, skiing Corporation P. 0. Sox 1248 Aspen, 00 81612 Qea►z' Mr. Smith. • As Energy Consultant, I have boon requested by Beckon, Arrigoni & • Ross, Architects to state 'design goals in regard to energy efficiency in the Aspen Meadows project. Energy efficiency will be a high priority in the design of the lodge unite. We will endeavor to exceed the component performance criteria as well as the 'patinas performance aritsria ea given in Chapters 4 and 5 respectively of the Model Energy Code, we1989 Edition, in order to mast our high standards'strategies ies f ri the rdse ar evaluating a number of energy efficiency g . inoludingt , . • 1. High performance gis�r� c and/or Keat Mirror to minimize beat 3o and optimize control osolnrheat gain from glased arses. . •2. super insulation teohiiquas for walls, root and floor. to minimize the building's heating requ+rements. 2. Air ieaxage reduction strategies to minimize uncontrolled infiltration/axfiltration of air through the building envelope. 4. Heat recovery ventilation to avoid moisture problems often uadoeiated with tight construction as well as to provide required fresh air requirements without the associated heat loss. • S. High efficiency heating system* and controls to maximize energy officienoy, comfort and indoor air quality. . e, High Sffiaienay Light n Sys cycle tet provide high quality Light at the lowest operating and I will provide documentation of mY energy analysis and recommendations for the design, in accordance with the provisions of the Model Energy Code. 1 sincerely; , . Kenneth R. Cleats . hnotgy Consultant 6 • #134(. .. fr'' '01/24/92 16: 13 Rec $400. 00 ELF:: 667 PG 804 Silvia I4yis F'iii(::iri Gi7ty_ ler_N;:_.__Dor_ $.deli • • APPROPRIATE TECHNOLOGY Solar Energy for Sustainable Development' Tat Mr. Fred Smith, Vice President Aspen skiing Company Mr. Ken ArChuietta Beckon Arigoni & Roses,Inc. Hr. Steve Kenipn City ;of Aspen, Builaing Dept. TRons Ken .Olson, .Appropriate irwannology Assoviat•e RE. ASPEN INSTITUTE, MEADOWS LODGE DATSa 2 Auqu9t 1991 As Ene;rgy Consultant, T have provided ongoing analysis and reaommem1atione for the Aspen Meadows Project. T have evaluated the final design specifications with regard- to the building envelope and its compliance with the Model Energy Code.. The building envelope for each of the soves buildings ate de compliance with the Model energy Code, 1000 Edition. a compliance is satisfied ae required by section 5O2. My analysis by Code section is as follows: 402.1 ' Energy AnalyeiB • • • The buildings in this project satisfy the requirements of Chapter. Five and aro therfore excepted mom the 'requiremante of Section , ' 402. The requirements of chapter Six are ' applicable only to • buildings under 5000 Square feet in floor area and therfore do not apply to this project. 502.2 Criteria !or Group R buildings For the purpose of this Code, these buildings, being roaidantial in nature and three or less stories in height are classified Group R, . Type A-2. • 502.2.1.1 Wells: The .0 of the Walls was deter ined by Equation I and do not exceed the value of ' 0.20 Dtu/b-ft . given in Table 002.2.1 and as determined by Figure #1 of Chapter Seven using 10,000 Annual Heating Degree-days. u0 values as determined for each of the buildings are given in Table 1 of this report. • . :;340971 c;�1/ 4J92 16: 13 �,Q� c_?t"t. C�t,� Bf.: --- 66; PG 805 Silvia Davis, Pit�::in CntvCler_E:: . Doc $. 0 _ J • S0a.2.1.2 Roos, The Ub Of the Roof was determined by Equation 2 and dose not exceed the ValUe of 0.035 lltu/h-ft2 given in Table ' 502.2.1 and as determined by Figure #2 of Chapter Eleven using 10,000 Annual Heating Degree-days. U0 values as determined for each of the buildings are given in Table 1 •of this report. 502.2.1.3 Floor over unheated, spawns; The •00 of the Floors over unheated crawl spaces do not exceed the value of 0.05 Stu/h_f a givE+.n in Table 5024.1 and as determined by Figure 0e of Chapter Seven using 101000 annual Keating Degree-days. U0 values as determined for each Of the buildings are given, in Table. l of this report. • 102.2.1.4 slab-on-grede flc ors: This Section does not apply as there are no slabs -on-grade for heated spaces. • 1,024.4.11 crawl Space wails, This Section Does not apply as there are crawl 'spaces below uninsulated floors. • 102.2.1.d Basement Nails: • The exterior basement walls below uninsulatsd floors in building #6 are .insulated to R-20 (11- . 045) which more than satisfies the v- value of 0.06 required by Table 50.31.3.1 and Figure 8 of Chapter seven using 10,000 Annual Heating Degree-days. sos.3.a Cooling Criteria! The required standards of this section have been more than satisfied by compliance with previous sections. 101.4 Air Leakage, Marvin, windows and doors are specified and have air infiltration rates which are lees than the 0.34 ofsr (per foot of operable sash crack) for windows and O. cfm (per square foot of area) for, doors. • • • • • • ..�-- - #340937 01/24/92 16: 13 Rec $400. 00 BK 667 PG 806 \: Silvia Davis, Pitk:in Cnty ClerE_. Dor $. 00_ • TABLE 1 ACTUAL Ile as determined !or each building CODE BUILDING REQUIREMENT f1 02 #3 #4 #5 #6 07 WA LS 0 0.20 .14 .14 .18 .13 .14 19 .14 P 5.0 • 7.1 7.1. 5.6 7.7 7.1 5.3 7.1 ROOF II 0.025' .023 .022 .022 .022 .024 .020 .021 . R 40.0 43,•5 45.5 . 45.5 45.5 41.7 50.0 47.6 moon U. 0.05 .033 .033 .033 .033 .033 .033 .011 R 20.0 , 3003 30.0 30.0 30.o 30.0 :30.0 30.0 BLAB N/A N/A N/A N/A N/A N/A N/A N/A BASEMENT • 0.06 N/A N/A N/A, N/A N/A 0.05 N/A • • • • • • #1 4()9_�r 01/24/92 1 i. ac $400. 00 DF':. 667 F'S 807 Silvia Davis, F'itkin Cnty Clerk , Doc $e00 sgssz.nunsTART I91i'ORE TI0 • . Typical Opaque Hall Section External Air Film 0.17 'STO' Acrylic Plaster - 1" Phenolic Foam Rigid Insulation. 8.00 • 5/s" Gyp 'ed. 0.56 , 6* Fiberglass Batt Insulation . 19.0 1/2" Gyp 8d. .45 Interior Air Film 0.68 TOTAL u-value 28.86 . 27.57 * • u-value 0.035 0.036* * Overall U-value adjusted for 2X framing d 16" 0.c. Typical Roof. 8eatios Exterior Air Film 0.17 Hypalon Membrane ° - 5/8 Plywood Sheathing 0,77 15" Fiberglass bait Insulation 47.5 5/8* Gyp Bd. 0.56 Interior Air Film 0.6.1 • TOTAL Revalue 49.61 46.74 U-value 0.020 0.021 *. * overall U-value adjusted for 2X framing @- 16" o•c•. Typical Gluing unit Specifications for all grassed window and door units aro specified to be supplied with overall U-value of 0.286 (R-3,S) . Typical Skylight • okvlictawerrrtar specified to be supplied with maximum overall U-value spandrel Pietism' Typical Insulated Spandrel sections are apvcifiad to have a ninimum R-value Of 10. • • • 4040937 01/24/92 16: 13 Fec 0, 00 BK 667 PG 808 1.via Davi , Pitk:in Canty Ck_, Dor $.00 2 EXHIBIT "G" MAA/REHEARSAL PERFORMANCE HALL ENERGY CONSERVATION DESCRIPTION The new Music Hall will incorporate many energy conserving features. These features should combine to make it one of the most efficient structures of its type. The energy strategies for the building involve both design features and high technology, solutions. A. Design 1. Approximately 80-85% of the building' s volume will be below grade, a significant and well-proven feature that will lessen the heat load in the winter and cooling in the summer. . 2 . For acoustic reasons the main hall will be essentially a double wall structure. This will have the effect of creating an unusually effective thermal as well as acoustic barrier. 3. Incorporated will be more standard design features such as air lock entries, reflective roof materials and low emissivity glass. B. Technological 1. We will be using a mechanical engineer as a consultant who is well known for innovative and effective solution to HVAC problems. They will include the latest high efficiency equipment and techniques, such as warm air recovery systems, ultra high efficiency boiler systems, etc. 2. We will design lighting using the latest techniques in high efficiency illumination where ever possible. It is possible that more traditional lighting sources may be required in the main hall to eliminate ballast noise. 3. We will specify low water usage fixtures in the new restrooms. CONCLUSION The new MAA Music Hall will be a state-of-the-art facility in every respect. In addition, we will give high priority to reducing overall operating costs through the incorporation of every appropriate energy conservation technique. May 10, 1991 u,<p �C„ I;<I y,� ; 3409.;1 01/24/92 1.6. 1.31c $400. 00 BK 667 PG 909 Silvia Davi ci , F'itkin Cnty Clerk , Doc $.00 ; EXHIBIT "H" March 21, 1991 Ms . Amy Margerum Planning Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re : Aspen Meadows Final SPA: Impact of Construction and Development to Native Vegetation Dear Ms . Margerum: This letter is intended as clarification to Item 26, page 92, in the Aspen Meadows Final Submission Document, in so far as this section addresses the impacts of construction and development on native vegetation on the Aspen Meadows property. The landscape design is illustrated in the Conceptual Planting Plans, L-9 through L-12 . They indicate a minimal area of manicured landscape immediately adjacent to, or contained among the buildings . In public areas, new tree planting will be limited to Aspen, Spruce, Pine and Cottonwood trees, which presently exist on the property. Existing trees that will be affected by new development will be relocated on the property to the maximum extent possible. These trees are identified on the Existing Conditions Plans, L-1 through L-4 . The intent is to limit the impact on native vegetation by intensely maintaining only the manicured areas and by carefully monitoring construction activities to limit the extent of disturbance. Revegetation of all disturbed areas of native vegetation will occur based on the following guidelines : 1 . An appropriate mix for native grasses will be determined by a turf expert who will identify existing native grasses . Disturbed grass areas will be re-seeded with this mix. F #3i 41 09ia 3;Da01 1^419^ 1:b i n: 13 411 4� _ . ra Bk 66;—;--G----B1-07 Doc: $. 00 Ms . Amy Margerum • March 21, 1991 Page Two 2 . Native plant materials will be obtained from a nursery such as Native Plants, Inc. in Utah. This nursery has a wide range of native plants including Sagebrush, Willows and Gambel ' s Oak, all of which are common on the property. The plants are container grown, they come in many sizes and are dependable growers . With proper watering, Sage and Willows grow rapidly. 3 . In conditions where slopes exceed 3 : 1, erosion control materials will be applied, and where necessary slopes will be stabilized through terracing and planting techniques . In all cases, sufficient topsoil will be applied. 4 . The first Y ear is the most critical in the e establishment of native shrubs and grasses . A temporary irrigation system will be installed to ensure that the ground is kept moist during the first growing season. By following these guidelines which have led to successful revegetation with native materials in previous projects, we feel that the Aspen Meadows property can be maintained as an attractive manmade environment along with a healthy, -natural landscape. Sincerely, DESIGN WORKSHOP, INC. i Don Ensign • Principal DE/la I I I I I I I . N •rl o a a 1 " b W q 1 ::::::0_______ CO Cfs -1 i .g tb Co "1'0 0- f'Mr p 1 0 44 a 4, i M E 1,14.1;:',;---,-- 4 au 0 N u 0 4.) c,oa rn cz. I o 1 �, I I 1 I I I 1 '1 111 r T N In • • • • • N • • • • C C c9 O • • • N • • • O L- . ,O •E•5• . 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