HomeMy WebLinkAboutcoa.lu.sp.Aspen Meadows1991.A11-91 #340937 07./24/9 if:, 13 F;ec 1,4(-)i>. (-)ir Rl:'' 667 PG 731
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"THE ASPEN MEADOWS"
SPECIALLY PLANNED AREA
DEVELOPMENT & SUBDIVISION AGREEMENT
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THE ASPEN MEADOWS
TABLE OF CONTENTS
PAGE
I. 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
(fl 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
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(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
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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
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DEVELOPMENT &. SUBDIVISION AGREEMENT is
"THE ASPEN MEADOWS"
SPECIALLY PLANNED AREA
This Agreement, made and entered into this day of 9 19919
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 colitained 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.
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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 tk-lnt backstage expansion of 1,500 gross interior square feet
MAA.
9- 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.
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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.
9. 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
L 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,
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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:
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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
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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'�pplication-fo" building vcrinitjor 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 the City 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:
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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.
9- 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.
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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
pr 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 8' at
Page 5- 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
[6,., 11 Rec Df::' 667 PG 743
P i t k j.n C ri t f-1. e r k D c-i c.:
(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:
1Z
(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 they=
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
667 PG 744
I via D L-A v i. Pi t k i ri F.rt t y CJ e r k:
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) SanitaU 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:
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
4
n r 667 P G 745
-J. I "-'i-3. D:-.-Avi
C t C I D c
(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_v__�
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 U
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.
It E[::' 667 PG -746,
R.- C)I/2 4 '9 2 1.6- 1.3 Rec- 1:4(A.`,
4 1
Davis , Pi f nty CI er 1-:: Doc- C
(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
7 667 PG 747
92 .1.6 e C E
(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 lodgo-'-
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 Meadow,,, Road with Seventh and with Eighth Streets, but no
13
# 3 T, 4/ t E f 3 Rec $4A ;. c?r> t_;F;: 667 pr3 7'
<-A v j Ri t 1:::L: 1-1 Cr1tv F Doi— cr. c -
4E3
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
PG 749
if Fj !. 667
Doc
:-.iv:i Pi t 1-::i n
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.
I Drainage design for the Project shall not intentionally direct runoff into irrigation
ditches or ponds.
�t. 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 utilit —V/
location corridors shall be inspected and approved by the City Engineer and
Planning Director prior to the issuance of any excavation permit.
`i.
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 0
the Plat.
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:
/V
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
6 R C 667 PG 750
1
CrYLV cler Doc $
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 I 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
I 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 Parkin
The Institute shall maintain 97 off-street parking spaces on Lot 1 until completion
of the underground parking structure.
3. Site Improvements
, (a)>11 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 � at Page G' , 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
-)C). C)0 D_ 667
C.)9 3 7 01 / _4./'-"?2 16. 13 F'c-- F-'G 751
i. ct T)E, i Pi t1:J n- C n i-y C1.e r 1:: Doc
upon landscape features. Such landscaping shall be completed in a logical
sequence commensurate with the staging of improvements as contemplated I/Z�_
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 0
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 construct)
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 o
such improvements, Institute shall guarantee by irrevocable bond, sight draft o�//
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 n renovati
'o o '
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
AMN(m-, 1-4" 667 F'G 752
_3
6. 1 R
0 24/92
Cn _�
F
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
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 Institut e of the agr eed
estimated cost for that portion of the improvements except that 10% of the actual
Igorof the site or landscape improvements shall be retain ed until all proposed site
rr \o r 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, anew 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
C) L Ri!K: 1100. C C. 667 PG 753
V i'a F)'a vi C.
1�i: , Doc
F.j.t k i F-1 C n t-y r
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 Improvement
(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
0
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 A g at Page 5— , 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 thoug
the landscaping improvements related thereto have not yet been complet
pd, so long_as the portion of the financial guaranty provided for in thi
agreement hereof which covers the -estimated cost of such unfinish
landscaping remains available to the City pursuant to the terms of th'
agreement. All tree replacement shall be on a one-to-one caliper inc:
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 1
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)4 _3 1 /;-4/9? 16: 17 F E-2 r r.4i 667 PG 754
D Pi L k:i n C.n t v t t e r Doc: - Q U
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.
S. 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
.6 1.3 iA .P - 4()C C)O F*:' 667 F 755
F"Itkin f-'rity C1L--r.1-:: , I)of--.
1. Site Improvement
(a) Utilities. Physics shall install and hook up to a sanitary sewer service forte
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 l(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
/24/9 2 1 [-\'e C $4U 0 B 667 Fi=g 756
t k i n
Cnty Clerl< . Doc
requirements for form and content above set forth. Any such substitution shall
\j 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
f 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 Flat.
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
1.0 i—I-.1 _;1/
4 L6. I F,e j C B-[::" 667 F'G 757
L .1. V i D. D a vi s Pitkin C-ntv CIerF:: , Doc
period next succce0ing J LnIc. J 0, 1.9)1, 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
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 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
C) C
#7 4 C 9 22 4 e c Ili 4 667 PG 758
F,1 t k i n C C1.e '_,W
(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):
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 2 at Page 5- , 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
9 1, 1/24 P?2 16: 1.7- Re c -4,4 D�:� 667 PG 759
T,f- C)Ci
.-V i. .31 D-av�L F,i t!.-:i F1 C F,ty F,1.e r. .:
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 compleK,1 11
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.j,)
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 'aLL
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 thi;�Z�,
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 1____
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 appliA first to additional administrative or legal costs associated
with any such default and the repair of any deterioration in improvements already
25
1b: 13 R'ec $4 C.'C Bf::. 667 F'G 760
Davi ,_S , Pitl-::in Cnt%/ Doc
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
�_,birector.
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
Abe 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
3 OU Fq�:` 667 PG 761
C)1/24/92: J.�— 1 1:4(-
Davis , Pitk:in Cnt.,,/ Clerk , Doc-
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
ff-3,4 C)C
1. /2`4 4 C 667 RG 762
Silvia Ela%/isl , Pitl.iij f:r-1 i-,
-Y Doc
i) External FAR (maximum):
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)(l)(b)(I) of the Municipal Code has been and hereby is
waived as to the seven condominium units on Lot 6.
3. Site Improvements
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 _aK at Page t� , 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
667 F.'G 763
Oft a V i PJ t 1-::i C n t v c i
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 ofZVI
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 4nd the:-ffdff0ya_greed upon financial assurances shall be
delivered to the City *ior to issuancp,.bf 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
l 667 PG 764
# -q- C)1 24 9 2 16-. 1-7 B ::.
D 0 C (J
Pitl-: in Ent /
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, ee-guides in-effect at the time the fee is to be paid. The fee shall be
�
paid to the issuance of-th ui 1 permit for construction of any new
residendat—uhit onTbt-6-anC shall_b-e,*d 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 show a �Phit-An4 will be subject to protective covenants that will be
- n the
placed of rec6j.pfior to the sal�e Jo any of Lots 7, 8, 9 and 10, which covenants will,
at a minimum provdaor-Kihe,_establishment and incorporation of an association of
a
i-,11�esigm Review homeowners iew 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
G 765
{4C-)93 1-/,^4:`9 4 FZe c� 4 U, U.. F!*:' 667 -
—
,jivia D;avis. . Pitkil-1 D(-j(---
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 vard:
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
f $4(
B*:' 667 F'S 766
y
V i ia D a V i in C,n ty C',1 E.,r-1-:: Doc--
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
Yrequired. It shall be the requirement 6f8aVana h to install all utilities to
�the lot lines. The utilities §h-91-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
installation
permit
above-described improvements. As a condition for issuance oj(�a building 0 nit
for a portiod-or all of th-e-utility 1ristallation, Savanah and City shal-ag=C6n 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
(D 1 1/24 16: 1. F-11'ec 40(D. CM-) 667 r'---'G 767
'<<._( C
F. 1 is D'avis: , PitkIF1 (Cf-It-V i.Jer !:: , Do
default and the repair of any deterioration in improvements already constructed
before the unused remainder (if any) of such guaranty is released to Savahah'.---As
portions of the required improvements are completed, the Publj Works Dir5ptor/��
shall inspect them, and upon approval and written acceptance, Be-shaU-atittiorize
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 shal�)
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 Protectio
AATi buildings be served and accessed from the thirteen foot
���,7n,
access/emergency loop—dhve 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
# 4 C)9 _7 0 1/21/ ?2 169 1.3 IR'c-,c: $4[_!0 C',C. D 667 PG 76S
S, Tvia Davis , Pitkin Cnty Clerk , Df r 4 . QC
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)�Drainaye 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
JEngineer 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
1_\
be submitted to and approved by the Environmental Health Department and
plicable 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.
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 "I"' 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
`J r
the Building Department according to the Model Energy Code.
34
C.,I f n 1.6- 1_3 Rey_ 11;4(,, 667 PG 769
f-D i.t k i n Fri L Y C I E-r k D o T.. C
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,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
#k '. I !-i:, C) , �:. / , ;_ - \__ I - E*:' 667 PG 770
7 1 4 16- 1--i R�7c 4 C1
,_-A V
k i r, C r i t C I e r 1:' D c) J.
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.
III. MISCELLANEOUS
A. PERIODIC PROJECT RE-VIEWS
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
Re c- '00. 00 D[:�_ 667 PG 771
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 amen'driients 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
L,k:: 667 F-'G 772
t-00*"-)9-3 7 C)1/2'4/?2? 16: 13 Re�c
Via F).3.v J. Pi t k j. n C f-1 t ['.1 D o c- 'I. C)C.)
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
400- (J( 667 F'F3 773
J 'T
CF, F,r Do c
c:k V
Lots 5, 6, 7,
9, 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 discovdry 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
_'4
16: 17 F $4 R['' 667 F."F3 774-
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 tune 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
A
7 (-1 1. 4 667 775
Pi t F-A-i L'V C1. c_?r k Doc. $. 0K.)
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.
THE CITY OF ASPEN, COLORADO, a
ATTEST: municipal corporation
By:
katfir'yw*,,l City Clerk Joh4 Bennett, Mayor ch;
(Signatures Continued on Page Following)
41
A"WN
J.". 17 Rec 1.1;ztAlt r ti 667 F'G 776
V i A 1),-:1 V i j--3 4 -L 1-:::: r, n t v C I in r-1-:: , Doc
SAVANAH LIMITED PARTNERSHIP, a
District of'Col um'�ia limited partnership
Jay:
THE )N` INSTITUTE
By:_
MUSIC ASSOCIATES OF ASPEN
By:
ASPEN CENTER FOR PHYSICS
ByO, -4 A*--
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this day of
PSI N u A r,V 199 by as
A-r-ra &jeV i N Fild-j— for SAVANAII LD41TED PARTNERSHIP, a District
of Columbia united partnership.
WITNESS my hand and official seal.
My commission expires: 7
4.
-(SEAL)
ubli*'c
u on
(Notarial Clauses Con on 4&geFollowing),
42
xe
jj-.-�ZT-1-�9-57 C)1 '24 EM::" 667 PG 777
i J_ F Doc.
STATE OF COLORADO
COUNTY OF PITKIN
The foregoing instrument Vs acknowlked(:i fo e me this day of
199y".tly ir) -60-kAuZrt4t--t ��� as
��E.for'THE ASPEN IN
,\. ..... WITNESS my hand and official seal.
..My commission expires
0 TA
-�StALJ
-110
L I ublic
Ck&tOLORADO
8,TA,'
Ss.
COUNTY OF PITKIN
The foregoing instrument was acknowlndaed-befbr-e-me this day of
199
U I
.14 A P-JE!q
+P-\j 1,by ZQ U jq T_ as
for MIGS10, AS-SOCIXTIN 6P-ASPEN.
WITNESS my hand and official seal.
MY commission expires:
N'btj L I Public
-:STATJ0-,F,',,COLORAD0
SS.
COUNTY OF PITKIN
The foregoing instrument was acknowledged befb{+ met is day of
A'A N U 1412 199y,by .14eokg�e <TaAftqf4A- as
fq fER-FOR PHYSICS.
WITNESS my hand and official seal.
(SEAL) My commission expires: 49
tary /L
ublic
eado.agt
43
434() G1. , 24/9,2 16: 1.3 Rec $4C Bl-:�' 667 PG 778
1. y i Da.v i Pi t 1-::i r i C n-1-Y C I e r 1-:: D
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\appcndix.01
44
01 /224/'V` 1.6. 1.-
667 779
Pj. t1-::in Cr-1
EXHIBIT "A"
The Aspen Meadows
LE'GAI, DESCRIPTION
A Iract 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.
'!'hence 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 reel;
2) Thence N 13*01' 35" W, 65.00 feet;
3) Thence N 11° 33' 10" E, 96.62 feet;
4) Thence N to 50' 20" E, 114.04 feet;
5) Thence N 140 30' 25" W, 64.31 reel-,
6) Thence N 4' 08' 30" W, 286.13 feet;
7) Thence N 21* 28' 50" W, 171.56 feet;
8) Thence N 160 21' 15" E, 305.82 feet;
9) Thence N 1' 02* 20" W, 33.38 feet;
Thence N 880 35' 15" E, 392.52 feet; Thence N 5* 30' (9)" R. 38.99 feet;
Thence N 7- 06' IS- W, 14.77 feet to the southeast comer of W 10, Black Birch Estates.
Thence along the easterly boundary of said Black Birch Estates, the following four(4) courses:
i) N 2!r 54' (V W, 199.72 feet;
2) Thence N 140 17' 00" W, 119.61 feet-,
3) Thence N 15* 03' (N)" 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 400 10' 12" E, 126.35 feet;
2) Thence S 640 181 32" E, 131.86 feet;
3) Thence S 82" 09' 52" E, 384.76 feet;
4) Thence S 500 54' 59" E, 92.62 feet;
5) Thence S 17° 30' 46" E, 203.65 feet;
6) Thence S 1190 45' 08" W, 250.14 feet;
7) Thence S Ur 22' 00" W, 192.51 feet;
19 Thence S 44* 55' 01" E, 119.52 feel;
9) Thence S 820 30' 46" E, 269.67 feet;
10) Thence N 760 46' 08" E. 141.40 feet;
11) Thence S 84" 08' It" E, 120.42 feet;
12) Thence'S 51° 11' 12" E, 217.42 feet;
13) Thence S 70' 55' 07" E, 239.71 fee(;
14) Thence S 35" 54' 38" E, 162.80 feet;
15) Thence S 9' 06' 17" W, 129.26 reel;
16) Thence S 41' 26- 27- E, 115.37 feet;
17) Thence S 76' 13- 42" E, 102.93 reel to a point on the westerly boundary line of Lot 1A
Second Aspen Company Subdivision;
#-7-41"?`. C-I 1 /24/1--,12 1,6- 1 .i R'ec $4C)C), 667 PG 7130
Pitkin Cl-It y Clerk , Doc -11— CV)
Thence along the westerly houndary of said Second Aspen Company Subdivision, the following
two (2) course--,:
1) 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 0" 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' W" W, 269.67 feet;Thence S 14'47' 30"
W, 9.06 feet to n point on the Aspen Township Line 5-6; Thence N 65" 30' (X)" W along said
Aspen Township Line,488.80 feet to n point along the east right-of-way of the original Meadows
1411d;Thence along said east right-of-way of said Meadows Road the following five (5) courses:
1) N (Y' 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 n curve to the right, having n radius of 1403-09 feet, a central
angle of go 33'12" for an arc length of 209.46 feet, and whose chord bears
N 3" 22' 36" E, 209.26 feet;
5) Thence N 70 391 12" E, 296.47 feet;
Thence N 84" 14' 00" W, 84.21 feet to the True Point of Beginning and containing 84.536
acres more or less.
9 16. 1 1;400. 667 781
Cj-jt-v'Clerk ,� S- C"D
D a i s t
v � Pil
EXHIBIT "B"
THE ASPEN MEADOWS
TRAFFIC MITIGATION PLAN
February, 1991
F31 -.
667 r,G 782
R e c
c?. 24 17,
% i t V:i n C n t 1:: 4 D
THE ASPEN MEADOWS
TRAFFIC MITIGATION PLAN
This plan has been prepared by the following individuals:
Committee Members:
King Woodward, The Aspen Institute
Kim Johnson, Aspen/Pitkin County Planning Office
Dan Blankenship, Roaring Fork Transit Agency
George Vicenzi, West End Resident
Robert Harth, Ed Sweeney, Music Associates of Aspen
Don Swales, West End Resident
Roger Hunt, Aspen Planning and Zoning Commission and West End Resident
Perry Harvey, R.J. Gallagher, Hadid Aspen Holdings, Inc.
Bob Felsburg, Felsburg Holt & Ullevig
Other Participants
John Goodwin, Aspen Police Chief
Chuck Roth, Aspen Public Works Department
Jan Collins, West End Resident
Amy Margerum, Aspen/Pitkin County Planning Office
4 7 4 7 7 01 667 F'G 7 3
Si I i
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
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,
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.
011.2415-12: 667 P'-� 7e4
Si I v i a D a vi Pi t k:i n Casty C I e:r-k Drip_ 0
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
efficient, implementation.
2
R 4 c
ti
D i - V t 667
785
s.
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
Aspen Meadows Traffic Mitigation Plan
Typical Daily Trip Generation Estimate without Mitigation (1)
(West Meadows)
Existing Proposed Additional Total
Use (Trip Rate) Units Trips Units Trips Units Trips
Lodge Rooms (4.1/Room) 60 246 50 205 110 451
Trustee TH (8.5/D.U.) 8 68 3 26 11 94 r
7 60
Tennis TH (8.5/D.U.) 0 0 7 60 <
0
S.F. Residences (8.5/D.U.) 0 0 4 34 4 34
Accessory Residences (4.1/D.U.) 0 0 4 16 4 16 ti'
Residential Subtotal 68 314 68 341 136 655
.1 .-0
Restaurant (30/1,000 S.F.) 14,700 S.F. 440 0 0 14,700 S.F. 440 J
Total 754 341 1,095
I-) 1A
(1) Using trip rates from Aspen Area Comprehensive Plan: Transportation Element, Aspen/Pitkin County Planning Office and Roaring T ;'
Fork Transit Agency, 1987.
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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.
Phasin2 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.
Phasine: 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, group 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
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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 design.ed 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.
6
1k:"409—)T' 01 /"24/92 I.-c— 1 3 Ref- 1 00 B :* 667 PC, 789
Pitk:in Cnt-v Clerk. , E-fDf.:- t. C)(--
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.
Phasine 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
owl%,
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Silvia
1-avis , Pitkin C n t-y C I e r-k 1)o c:
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.
Phasine: The time of day and route restrictions will be implemented upon
opening of the renovated lodge.
Responsible Party: Lodge operator and Aspen Institute.
8
'PR 791
#.-74C c $4(-) El 667
--vi D a V I-s Pi t k C n t Y C I e r-k D x.. C M,
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:
0 Continued designation of the Lake Avenue
pedestrian/bicycle way.
9
0 DV�_ 667 RG t'92
1 /24/92
5 J. I V i --a 1) Pi t 1<i r, C n t C I r)C `t. C)
0 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.
0 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.
3. 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:
0 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.
0 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
i(..*,9—*,—f 01-12'4/92 1.6- 17 Rec F-'F::' 667 PG 793
I v i FA DD.-v-i Pi (-1-::i n F i i t y C 1 e r-k Doc_ $,.
0 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.
Phasing: These restrictions will be implemented during the next concert season.
Responsible Party MAA
S. 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.
�~~ -
#3�0937 01/24/92 16: 13 Rec $400' 00 BK 667 PG 794 . '
Silvia Davis , Pitkin Cnty Clerk , Doc $. 00
mH|S|T C
ASPEN MEADOWS SUo |v|S|nM/S.�A.
ESTIMATE OF PROBABLE CONSTRUCTION COSTS
December 5, 1991
This estimate of probable construction costs is mmou on preliminary design and
represents Leonard xlce Consulting Water Engineers best nmfess|mm| judgement.
It does not, xunovvr, constitute u warranty or representation that ootua| bids
will not vary from this not\mum no matter ,mn carefully nrepmra*.
|---'------'|-_____|_--_-__|__--_'-|--~--'|------'|------|
\ | 0umr Sanitary Gam | E\m¢r|n ITelephone Cable TV |
\ | uu\nw \ Sewer \ LinesLines m
Lines | Lines � |
\ LOT 1 - PK | * | *138,000 | *168-000 | $40.000 | S95.ODO \ $101WO | *xV`mm |
� \------\------|------|------|------'F-----|
� LOT 1 -PH It ~ \ $87,000 $131,000 \ $17,000 | $35.000 \ *10,000 \ *10 m |
| |------|------|------|-----\-----�-----|
| LOT 2 | PM U \ PH U | PH 11 | pM it \ PH \| | PH |} |
| |___--_|--_-__-|__-----|------�------�-----|
| LOT o | NIA | m23,000 | N/A \ N/A | K/A | Wm |
|---------|------|------|------\-----|-----|'-----�
| LOT | N/A | WA I N/A | &m KIA )
| |-_----�------�------|----~-|------�-----|
| LOT | PH | | $30,000 | PH | | PM | | PU | | Po | |
\ |-_____|------|------|-------|------F-----|
\ LOT | PH | | $38J000 | p8 | | Po / | pH ! | PoI |
|----------\------\------|------|-----|-----�-----|
| LOT 7- 10 | $43,000 | $4110-000 | *8,000 *12-MO $5,000 | $5,000 |
| |-------|------|------|------�------F-----'|
{
CASTLE Q\. LIKE | WA i $830,000 | WA | K/A | K/* NA |
\...=~�=�~~~. ~�~
\ TOTAL | $243,000 | $780,000 | $63,000 \ *142,000 \ $25,000 1 $25.000 \
po | - |o,mstuuuum |nom||utmn gmmru|h defined an west of the mx|ot|o*
1*^ water |km.
PH 11 ~ tnfmstructu InstaA|atmmgeneru|.1y defined as east of the existing
18^ water |kw.
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EXHIBIT D
EMPLOYEE HOUSING DEDICATION
THIS DEDICATION, is made and entered into as of the day of
1 199_, 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 F!i.al
Subdivision Plat recorded in Book at Page of Lhe
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
OAM HUGM&KNEZEVICH P.C. ("Housing Authority"). The Unit shall not be condom i niumized.
Third Floor,Aspen Plaza Building
533 East Hopkins
Aspen,Colorado 81611
OOMN
if .c=aq37 Ca1./-24/01 2 1. : 1.3. E:ec $ _. i, t_aia D*:* 667 RG 796
1 1 V 1_A l a-=O-1 i l 1.'(::i ;i C C,I P r k D o C u. C)
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
is
Pitkin County, Colorado real property records.
2
#740 7 7 C?1. , "?4; f: : i 3 F'ec >f C C?C? F;K: 667 F'r 797
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:
savaaah\dots\dedicate.02
3
It Z,1-C)-7 7 (-*,1 1.6,. 1.= Re c 't4(_)(..)- UO F_*:' 667 F'G 798
i :). D a v i Pi t 1-::i n C n ty CI e r D o c_*
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 m.aterials
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
-)C)
J .%
4 A 5` 1 :.n/c,2 e b.,,os 4 F*:* 667 PG 799
I -,z F.LU-in F,nty Clerk: , Dnc-
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 "R7 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 "0' 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
T*::' 667 F'G E300
Si Ivia F'J. I-J:An F-ntv Clerk Doc
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 during daylight hours while avoiding the use of shading devices to minimize glare. Any
skylights to be utilized will employ high "W' value glazing and will be strategically located to
permit maximum natural light n into the unit interiors with minimum total glazing arm
ght penetratio
(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
(--)1 /2-1 /92 16- J.-_1 $40C.). 00 F-,,[::' 667 F'G E301
Silv:i & D-avi H_, , Piti,:in Cnty Clerk , Doc
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 Gprn
Faucet aerators 2.5 Gprn
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. an
removed or replaced by cleer
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
TY 7_4 C)9 3 7 C.,1. /24/'x,^_ 1.6 11P.-Inf.1. 00 D[::' 667 FG 802
Silvia- tarty Clerk , Doc- r. :?C>
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 Gprn
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.
667 RG E303
e C
i n C,n t C] D
EXHIBIT "F"
PPROPRIATECNL
sour Ensrsy for sustainable Development
Fred Smith, vice President 3 MAY
Aspen. Corporation
P. . BOX 1240
Aspen$ 00 91612
DOIX bar. Bmith
I have bean requested by 5aeken, Arrigoni G
Ap Snargy Consultant, regewd to OnerV
Roes, AVVhit90bg to state 'design qualm JI;
gffiiency in the Aspen Mendowa Project.
Lpnorqy efficiency will be a high priority in the design Ot the
lodge Units- -as will endeavor to exc*ad IM8 COMPOnImt VOrf 0v=4UWe
all As the 5YRt9Zs Wfor=nce oriteiria am Viv0A xn
Criteria an W *ctively or the Model Energy Codeo 1969
Chaptere. 4 and 5 raul; our bi_gh xtandAsti ',i* r wft ax*
Edition. In order to meat efiaiency 9i" for the desiqnl
evaluating a n=bor of energy a
includiras
1. High inimizee glalgig prodO LOW- / %t4irror to m beat 10ss Ancl optiMize isentrol Of solar heat
gain from glazed areas•
2, Super insulation toohniguss for wallsi roof and floor.* to
heating requirements
nini-Ai24 thO building's %
Z. Air iga"ge; reduc.tion strategies to mirl'x'" uracmtrolled
-1 filtration of air thr*Uqh tha building envelops.
ntiltratiawax
4. R&1Lt racovery ventilation to avoid 'moisture: problems oft$n
ftedociated with tight conatruction go V&11 as t9 providia raVirad
frtmh air raquirelsents without the associmted heat loss-
3. High off iciency heatir�q SY&tims aDd WntiOls to .max'n'ze ODOM
•ffiaienoyo acefort and indoor air q"LitY-
o. Hiqh Efilai4nay LightiAig Systafta to provide high quality light
at the l0W6st operating end Jifa cycle cost*
cle ft =
contatic)h Of my energy hnalysio and
I will YrQvi in accardafica with the proviviobe
r2launMendations for design.o desin,
of the Model Zn*xW Code*
Kenn4th R. 01"n
3nWrgy Consultant
+I:-34 C)1 16. 1.=z Re, f,4 C)C). C)C) 667 `='r a04
Silvia. I) F-J. t-1::i C t v Clerk D o C)C)
P 1D it-,CMOLOGY ASSOCIATES
Solar Energy for Sustainable Development
70t Mr. ftad Smith,. Vice President
A%pan skiing C*WaTW
Mr. Ken Archillatta
saokar► Arigani a Ross,lnc.
Mr. stove Itanipli
City ;of Aspen, BUilding Dept.
yROM Ken .01.sohp Appropriate-WachnalogY ASSQUiat*5
RM AOPEN INSTITUTZ? MOMOWS LODGE
DAM 2 Auqupt 1991
At, EMM ftnoultantp I have provided ongoirog analysis and
recumcMdations for the -Amgen H*adowr, ProjeCt. I have evaluated the
final design specifioatiohm with regard to thQ building envelope
and its compliance With the. Ho"I Mhervy ccdo..
The blinaLug savel9ps for each 9f the seven build .are in
C=V11ance with the Kodel energy 0046P 1900 Nditi4m- Cod*
compitance in satisfied as required by Betation 502. My an6lysiS by
cod$ section is as follows;
404.i aw M Analysis
• Tfie buildings in this project satisfy the requimments of Chapter
IriVe and era therfore excepted from the 'muirements of Section
' 402. The requirements of chapter six are ' applicable only to
buildings under 3000 Square feat in floor area and therfore do not
apply to this projeote
$02.2 40rJt,*WJ& for GV*v.p R buildings
For the pukpose, of this Code., than& buii inqsl, being reaidArItial in
nature and three or less stories in height ara olassifiml Group R,
ape A-2.
502.2,1.1 trails:
The .U0 of the Walls was deter4nad ,bY Equation- I and do not exceed
the value at ' 0.20 otu/h-ft given in Table 502.2.1 and as
data=inad by Figure #1 of Chapter SMn using 10, 000 Annual
Heating Dagrea-days. u. values as determined Per ea-ch of tho
buildinga ara given in Table 1 of this report.
cl
667 PG 805
Doc-
The V a 2
Of the Roof was dater-mined by Equation 2 and doom nOt OXOSod
the value or o.025 Btu/b-ft given in Table ' 502.2-1 and S►U
dar-arained by Figure P2 c3f Chapter 13*V*n using 10,000 Annual
Heating Degree-days. Uo values as dGt*r=in4Ld for each of the
1=11dings are given in Table I .of this report.
502.2.1.3 floor over Unheated, spages;
Tbe 'va Of the Floors over unheated crawl spaces do not exceed the
Value of 0.05 Btu/h-90 givim in Table 5o2.3.1. and as d6tarmined by
Figure 06 of Chapter Seven u.sLnq 10,000 Annual Heating De9r**-d*Y8-
U. values -as determined for each of the buildings are given. iT;
Toble.1 Of this report. .
This Section does not apply aa there are no slabs-on-grade for
heated spaces.
502,2.1.5 CraVI spaos, Walls#
This "otion doss not apply a* there are crawl spaces below
uninsulated floors.
202.2.146 Zag*M*Ut W&URt
The exterior basement walls below uninsulated floor* in building 06
aria .insulated to 2-20 (U- _ 0.-05) Which tore than satistieN the U-
value, or o.os r"uirsd by Table 302..3.1 and Fig=* 8 of Chapter
gg-v6n using 10,000 Annual Heating 6gqree-days.
The repaired standards of thin eaction have baeii more than
satisfied by oompliancp with previous sootions.
50294 Air Leakageo
Marvin windows and doors are specified and have air infiltration
rates which are less than the 004 ofre (per toot of oporable sash
crack) for windows and •.5 oft (per square foot of area) for, doors.
_.. _ 7409 ;i' t=) L /C'4;9^ f 6- :1.=3 F;e_ :g<+t_i[), t'ii:) Ft F;: 667 F='[; BOb'
). .l Vi s [.).vi s , Pitl::in C;r`,j_w Clerk Doc $. i)(i •
TABLE i
ACIVAL Vo
as deta mined for each buildingr
cobB BUILDING
REQUIREMENT #1 02 #3 #4 05 f6 #7
WALLS U 0.20 .14 -.14 .1$ .13 .14 19 .14
9 5.0 7.1 7.1 S.6 7.7 7.1 5.3 7.1
ROdF II 01025, .02.3 022 .022 .022 .024 .020 .021.
R 40.0 43.5 45.6 . 45.5 45.5 41.7 50.0 47.6
FLOOR U. 0405 .033 .033 .033 .033 6033 .033 .011
R 20.0 30.0 30.0 30,0 30.0 30.0 30.4 30.0
9L118 N/A N/A N/A N/A N/A N/A N/A N/A
BASEMENT 0106 N/A N/A IN/A N/A N/A 0.05 N/lit
fl:34C:-9.37 0)1./24/92 16. 1: e_ 1.400. C)CU f�k:: 667 PG 807
J. 7. ,. P., _> 9 f':i. t I:i n ( r L. C 1. r I<: q D n i i c_,
Y
Tppiotl 4psqus Hall 8e0tiot►
External Air Film 0.17
%STov acrylic Plaster -
1" Phenolic Foam Rigid Insulation 8.00
5/31, Gyp -Bd. 0.56
6* Fiberglass Batt Insulation 1940
1/211 GYP Bd- .45
Interior Air Film 0.68
TOTAL &-value 28.86 27.57
U-Va1u: 0.035 0.036+
+ Overall U-value + .tinted for 2X framing 8 16" o-c-
Typ;ail Roof faction
Exterior Air Film 0.17
gypalon Hembrww '
s/8 Plywood Aheathing 0.77
3.5w yiberglass Batt insulation 47.8
a/sit dyp 5d+ 0.dl
interior Air Film
TOM R-value 49.61 46.74 �
U^value 00020 01.081
w overall U-value adjusted for .2X frming e 16" 0.0-.
Typical aiaving unit
Specifications for all glazed window and door units aro specified
to by supplied with overall U-vaauo of 0.286
Topical skylight ,
yQi o wtn +r val�ed to be supplied with maximum overall V-valua
Q
spandrel 8qo#iont
Typical Insulated Spandrel sections are apaciifiad to h&VO a »inizrsum
R-value* of 10,
D A
If:-z' '000000i�7 f '7- I. F% T_1::. 667 F 0
1 1. a Da.-v i s P i. t k i n Cn t y C 1. ct!r ""4-Do c
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
14 Z1-C"9 3 7 16. 1"- .2c 4;400. 667 F-'G 809
• D 1 -ity
---a -11 a Vi Pi L k i r i Clerk , Doc $. (-)()
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.
4 9
16: 1,
-11"Jo Inc Ri
667
21
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 year is the most critical in the
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.
Don Ensign
Principal
DE/la
4*
ASPEN MEADOWS SPA CONDITION CHECKLIST
GENERAL
PG # CONDITION WHEN RESPONSIBILITY STATUS
5 Old Meadows Road Trail W/Meadows Rd Savannah Ltd. Done-192
5 Bridge & Trail to Rio Grande Coordinate City Bridge
w/Consortium Installed 193 ,
Approaches
anticipated in
1994
6 Detailed Construction Schedule At Bldg. Permit Owner to City See Memo
.for individual component Application Engineer/CBO
6-8 Review of Traffic Mitigation Plan 93 , 95, 97 , 99 , Consortium, 193 Ongoing
2001 RFTA,
City
9 Conveyance of 20 ' Upon install- Affected lot No as of 9/93
as-built easements ation & owners & City
for new H2O lines inspection Water Dept.
9 Waterline easement for Affected lot No as of 9/93
connector to Black Birch owners and City
Drive Water Dept.
9 Install 8" H2O line to Affected lot Inspections
connect to 16" Red Mtn. Main owners and City complete/ No
Water Dept. "as builts" :
Expected Spring
' 94
9 Install 8" H2O Line from Red Mtn Affected lot No "As builts"
Main to 6" line in Roaring Fork Rd. owners and City
Water Dept.
,
9 Relocate 16" Red Mtn. Main Affected lot No "As builts"
owners and City
Water Dept.
9 Abandon existing water lines When other Affected lot Completed
that are no longer used waterline owners and City Summer of 93
easements are Water Dept.
dedicated
10 Install 8" sewerline for Punchlist not
Lots 7-10 completed
10 Install 8" sewer extension west of Institute and 1994
Tennis Townhomes to Castle Creek A.C.S.D.
Trunkline
10 Relocate sewerline from Trustee Institute and 1994
T.H. to Castle Creek Trunkline A.C.S.D.
10 Install new sewer collection for MAA/Institute & Completed 1993
MAA & Institute, to Castle Creek A.C. S.D.
Trunkline
11 Install sewer system on physics Physics/A.C.S.D. Completed 1993
to Main on Roaring Fork Road
11 Castle Creek trunkline relining/ Consortium/ACSD No-ACSD/ Done
replacement Approved by City in June,
Eng/Planning 93/City Eng.
11 Abandonment of all unused Consortium/ACSD No
sewer line
11 Final acceptance of sewer Consortium/ACSD
improvements
11 Electrical system upgrades & Consortium/Holy
abandonment of unused lines Cross
12 Install upgrades to gas system Consortium/RMNG Completed
12 Install phone upgrades Consortium/US
West
12 Install cable TV Consortium/
Canyon Cable
12 Plan approval for storm drainage Submitted Done -
facilities north of Anderson Park to/Pub. Works Construction
Director completed May,
1993
12 Install & maintain storm drainage Consortium
north of Anderson Park
12 Placement Review/Install fire Consortium/Fire OK/Fire
hydrants Marshall Marshall
13 Dedication of new utility easements Consortium/City No ACSD/ Done
Engineer by plat 1/31/92
- City Eng.
13 Construction of new Meadows Road Savanah/City Done Summer
Engineer 1992
13 Speed limit less than 30 mph City Engineer Done-Summer
established 1992
4/15 Conveyance of Si Johnson ditch When Meadows is Consortium/City Completed 192
rights, wells, water rights with served by City Water
lease back Water Superintendent
15/16 Substitution of financial If requested by City Attorney
assurances Consortium
member
15 Utility Corridor Inspections Prior to City Engineer/ Done for Castle
excavation Planning Creek sewer
permits trunkline work
15 Access and maintenance Upon completion Consortium/ Done - plat
easements dedicated of grading City Engineer recorded
on plat for ditches,
swales & detention
areas
15 Financial assurances Prior to Consortium/Pub. Done 8/92 for
for road, utility, issuance of Works, City all except
trail & parking facility individual work Attorney parking
permits facility
16 Maintain 97 off street Until Institute PLAN OK 6/1/93
parking spaces on Lot 1 completion of K.J.
garage
17 Landscaping per plan By CO or within Institute/
1 year CO with Inspect by City
financial Parks/Planning
guarantee
17 Trail easements between After Institute
townhouses and restaurant construction by
and between physics and city
Meadows Rd. executed
18 Financial assurances Prior to Bldg. Institute/Public October 1992
for utilities and Permit Works Director/
landscaping City Attorney
17 Final release of financial Public Works Not done as of
assurances 8/30/93
19 Parking lot improvements per plan Phase II MAA
19 As-built easements for Upon Completion MAA No ACSD
utilities
19 Landscaping per plan By CO or within MAA/inspection Landscaping
1 year CO with by City Parks & complete for CO
financial Planning of Rehearsal
guarantee Hall 8/20/93
19 Financial Assurances for Prior to Bldg. MAA/Public Works October 1992
utilities and landscaping Permit Director & City
Attorney
20 Final release of financial Upon request Public Works Not done as of
assurances after project Director 8/30/93
portion is
complete
21 Install and hook up 1/24/94 or post Physics/ACSD/ ? ACSD/Built,
to sewer service and bond acceptable City Attorney/ hooked up, not
conveyed to ACSD, to city City Engineer conveyed/City
& easement dedicated Eng.
21 Financial assurances Prior to Physics/City October 1992
for utility construction Attorney &
construction revegetation Public Works
Director
21 Final release of financial At completion Public Works Not done as of
assurances of portion of Director 8/30/93
project
22 Exact trail location Prior to trail Parks Director/
determinations construction Planning
Director
24 Payment of $64 , 240 Prior to Condo Savanah/Planning
Hsg. Fee for 8 condo Plat Director
units Recordation
24 Water and Sanitation Lines Upon completion Savanah/ No H2O "As
Installed and as-built of each City Engineer/ Builts"/Expect
easements recorded ACSD/City Water Spring 194 .
Superintendent No/ACSD. Not
done/maybe
94/City Eng.
24/25 Landscape improvements CO or within 1 Savanah, Inspect
year after CO by City Parks &
with financial Planning
guarantee
25 Trail easements executed Upon completion Savanah/City Not received by
of trails Parks Director & Eng.
City Engineer
25 Financial assurances for Prior to Public Works Don't
site improvements issuance of Director & City have/Public
Bldg. Permit Attorney/Savanah Works
26 Pay housing fee for 3 new Prior to Savanah/Planning
units on Lot 5 (1. 66 low issuance of Director
income employee per unit) Bldg. Permit
28 Water and Sanitation lines Upon completion Savanah/City No ACSD - Don't
installed and as-built easements Engineer/ have/not in
recorded ACSD progress, maybe
94/City Eng.
28 Landscape improvements C.O. or within Savanah/Inspect
1 year after by City Parks &
C.O. with Planning
financial
guarantee
29 Lot 6 Walking trail parallel to Concurrent with Savanah/City
Meadows Rd. residential Parks Director
construction
29 Trail to Lot 4 construction City Parks
Director
29/30 Financial assurances for Prior to Bldg. Savanah/Pub. Don't have/Pub.
site improvements Permit Works Director & Works
City Attorney
30 Payment of affordable Prior to Savanah/Planning
housing fee for 7 tennis issuance of Director
townhomes (1. 66 low income Bldg. Permit
employee per unit)
30 Protective covenants recorded Prior to sale Savanah/Reviewed
of any lot by City Planning
Director
32 All utilities installed/ In connection Savanah/City No ACSD/Not
as-built easements recorded with Meadows Engineer Done/City Eng.
Road
construction
32 Financial assurances for Prior to B.P. Savanah/Public Not
site improvements utility Works Director & done/Pub.Works/
installation City Attorney
33 Deed restriction of 500 s. f. Prior to Savanah/APCHA/
1 bedroom, Cat. l ADU OR issuance of Planning
alternative housing unit Bldg. Permit Director
or cash in lieu for each
residence
33 Interior fire sprinklers Prior to Institute/Fire
for buildings on 13 ' access issuance of Marshall
road approved by fire Bldg. Permit
marshall
34 Drainage mitigation plan for Prior to Bldg. Consortium/City See Memo
each component approved by Permit Engineer
City Engineer
34 Fugitive dust control plans Prior to Bldg. Consortium/
for each component approved Permit Environmental
by Env. Health Dept. Health
34 Energy conservation measures Prior to Bldg. Savanah/Bldg.
applied to all residential Permit Dept.
construction
34 Energy conservation measures Prior to Bldg. Institute/MAA
for lodge and MAA Hall Permit Bldg. Dept.
35 Relocation of fox dens Prior to demo Consortium/
of Fox Mound ACES
35 Revegetation Upon completion Consortium/
of components City Parks
& Planning
35 Construction barricades erected Prior to Bldg. Savanah/
within 5 ' of Bldg. Envelopes permits Bldg. Dept. /
at tennis and trustee Planning
townhomes
35 Joint non-profit applications Prior to Institute/
for Lots 1, 2 , 3 submission of MAA/Physics
application
36 Periodic reviews of Upon request, 6 City/Planning
components by Planning office month intervals Director/
Consortium/
(P&Z if
necessary)
Fm,
MEMORANDUM
TO: Amy Margerum, Planning Director
FROM: Kim Johnson, Planning Office
RE: Insubstantial Amendment to Aspen Meadows SPA Approval for
Revised Chalet Buildings ' Facades
DATE: October 9, 1991
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The applicant wishes to amend the Aspen Meadows SPA
approval to reflect a change in the window treatment of the Aspen
Institute's lodge buildings (Chalets) . The change is necessitated
to achieve energy conservation. As this redesign is a technical
consideration not discovered during the original approval, it
qualifies as an insubstantial amendment. Staff recommends approval
by the Planning Director.
Staff Comments: The Aspen Meadows SPA was approved on June 10,
1991 by the Aspen City Council. During review of the Chalets the
buildings were shown to have a facade design of three windows
(Attachment "A") . The project architect determined that in order
to achieve energy conservation requirements, insulated opaque
panels would have to be used for the lower third of the windows.
This would cause unsatisfactory blockage of views from the interior
of the rooms. By switching to a four window design, proper "R"
values and views can be maintained. Please refer to Attachment "B"
for proposed window treatment and letter from project architect.
Section 24-7-804 (E) of the Aspen Municipal Code states that 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.
Listed below are criteria for determining what are not
insubstantial changes.
1. A change in the use or character of the development.
Response: There will be no change in use of the buildings because
of the proposed change. The applicant feels that there is no
change in the character of the development. Historic Preservation
Planner Roxanne Eflin brought the proposal to the Meadows Historic
Preservation Sub-committee for their comments. They feel that the
change is a "significant character departure" from what was
originally reviewed and approved. They recommend a closer study
for character compatibility within the Meadows (Attachment "C") .
However, staff recognizes that the HPC's role in review of the
Chalets was advisory only and cannot require a redesign of the
facades.
2 . An increase by greater than three (3) percent in the overall
coverage of structures on the land.
Response: The coverage will not change because of this amendment.
3 . Any amendment that substantially increases trip generation
rates of the proposed development, or the demand for public
facilities.
Response: The proposal will not affect trip generation or demand
to public facilities.
4 . A reduction by greater than three (3) percent of the approved
open space.
Response: Open space will not be affected.
5. A reduction by greater than one (1) percent of the off-street
parking and loading space.
Response: Parking is not affected.
6. A reduction in required pavement widths or rights-of-way for
streets and easements.
Response: There will be no change to pavement widths or rights-
of-way.
7. An increase of greater than two (2) percent in the approved
gross leasable floor area of commercial buildings.
Response: not applicable
8 . An increase by greater than one (1) percent in the approved
residential density of the proposed development.
Response: The Meadow's density will not be affected.
9. 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.
Response: No variations are required because of this request. The
proposal is consistent with the basic designs approved within the
Meadows SPA.
RECOMMENDATION: Staff recommends that the Planning Director
approve the insubstantial amendment to the Aspen Meadows SPA
Approval for the four panel window design for the Aspen Institute's
2
Chalet buildings.
I hereby approve the Insubstantial Amendment for the Aspen Meadows
SPA Approval for the Aspen Institute's Chalets window design.
N
!Aady Margerum, Planning Director Date
3
---- --- ------------------- --------- -- ----
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BACKEN ARRIGONI & ROSS, INC. Architecture, Planning
& lnttrior Dt:sign
September 18, 1991 1660 Bush street
San Francisco,CA
Ms. Amy Margerum 94109
Planning Director Tel 415 441'4771 Fax;41 S-441,8360
Aspen/Pitkin County Planning Department
Re: Aspen Institute Meadows Lodges Project Number: 90082
Dear Amy:
I am writing this to explain our reasons for changing the number of panels in the windows
of the Lodges.
The best way to understand our intent is to compare elevations in the 28 June 1991
submittal with those in the 29 July 1991 submittal.
The primary factor affecting the elevations is energy conservation as embodied in the
Colorado Model Energy Code. We have heavily insulated the roof (R-40 to R-50), floors
(R-30) and exterior walls (R-23). We have also called for R-3.5 double glazing in the
I windows, the highest practical level of insulation achievable in a window system without
going to exotic and extraordinarily costly argon filled triple glazing systems. Due to the
large areas of glazing, even this was not enough. In order to meet code, we have to use
opaque insulated spandrel panels in the bottom window panels. These panels must have
an R-10 rating to make the overall building envelope conform to code.
Making the bottom panel opaque in the original design meant that one third of our formerly
completely glazed facades would be obstructed, Interior sightlines for people seated inside
the units also would be obstructed.
We found that by going to a four panel design, we could comply with the energy code while
keeping 75% (as opposed to 66%) of the window systems transparent. The sightline
situation was also improved,
As regards the balcony design, we have taken out the edge beam and gone to a precast
balcony spanning from fin wall to fin wall, This avoids potential serious differential thermal
expansion and contraction problems with the steel beam as well as the required fireproofing
of the steel. While technically possible, the fireproofing would have been difficult to detail
and costly, since it would have introduced an entirely new trade on the job. We have
positioned and dimensioned the outer edge of the precast balcony to align with the belt
course detail introduced into the design at H.P.C.'s request.
i
i
i
Principals Senior Vice Presid.nts Vice l'tesidcnt,
Howard J Backen A:A Richard D. Beard J Richard Graham Marl.do Reu, Kenneth A .lung
Rokri k.Arrrgoni AJA Ciuy F.Charnhms John V. V l.cc Wilburn F Holland V atttrl W l.eW
Edgar Aruce Ros% AIA Debi Chun, Paul 1. Reynolds David l.rncl
James Mitchell RINA l'aul Fisher
- tei
I hcl?e this helps to make clear our reasons for going to the four panel design. If you have
any questions or need further information please do not hesitate to call.
Cordially,
BACK.EN ARRIGONI & ROSS, INC.
i& aj4&
Ken Archuleta
cc: Fred Smyth
Howard J.Backen
Paul T.Reynoldc
John Lce
File Septcrnbcr 18, 1991
enel: No endosum Aspcn Institutc Mcadm Lodge
Prcm ecl Number 40062 `
file. lb/2/900 A171TR
Page?of 1
IC, t�•
,, .
fMCA
OC to
MEMORANDUM
To: Kim Johnson, Planner
cc: Amy Margerum, Planning Director In
From: Roxanne Eflin, Historic Preservation officer
Re: Design changes to Aspen Meadows "Chalet" structures
(Amendment to Final (SPA) Development Plan)
Date: September 24, 1991
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The Historic Preservation Committee disagrees with the
applicant's statement that the proposed design changes on the
Chalet buildings constitute no change in the character of the
development. The Meadows Sub-Committee feels that the amended
proposal is a significant character departure from what the HPC had
originally reviewed and approved. The applicant was asked to
appear before the HPC to fully present the revisions, however, came
unprepared to do so at the August 28 meeting. The HPC is,
therefore, not in a position to recommend that the Planning Office
approve the request to amend the Final (SPA) Development Plan as
proposed.
BACKGROUND AND PROBLEM DISCUSSION: The principal change consists
of a window redesign, from three-panes to four, on all seven
structures. The streamlined, Bauhaus character (which
architecturally defines the Meadows) has not been respected with
the profusion of smaller pane windows. The applicant argues the
window redesign was necessary due to energy efficiency; the HPC
offered the applicant information on window sources that would
accomplish both their energy needs and protect the important design
issues associated with the larger (3-pane) windows. To our
knowledge, the applicant has not looked into this material
substitution.
Staff, the Meadows Sub-Committee and the HPC all feel the amended
plans warrant a closer study for character compatibility within the
Meadows parcel.
memo.meadows.chalet.amend
NEW SUPERINSULATING WINDOWS
Residential windows with an R-value of 6 to 8(measured at the center of the glass)are now readily available. (Custom-made
windows are available with even better insulating qualities.) Superinsulating windows will actually gain more heat than they
lose—even on the north side of the home. In fact,an R-6"superinsulating window"can outperform an R-19 insulated wall
because of the solar heat gain in most climates; R-7 does this in virtually any climate.
While the best commercially available superinsulated windows cost about 40% more than ordinary double-paned units,this
additional investment is well worth it. (Windows in the R-4 range are either the same price as R-1.7 double glazing or only
nominally more expensive). In addition to saving energy,you'll feel more comfortable sitting next to one of these windows
because you won't be radiating heat to a cold window surface. Nor will you have the condensation and frosting problems
associated with ordinary windows—superinsulated windows allow you to see the stars clearly when it's a bone-chilling
forty below outside.
How do they work? First,one or more invisibly clear,spectrally-selective metallic coatings reflect away unwanted heat and
conversely,trap desired radiant heat within a building. (The coating serves the same purpose as the foil facing on insulation.
Windows with this coating are referred to as"low-emissivity"or just"low-E.") Second,these"superwindows"are often
filled with heavier-than-air gases,such as argon or krypton,which insulate better than air.
When choosing a new window,ask for the R-value for the entire unit,including the frame. The"center of glass"R-value is
significantly higher than the R-value for the entire unit. Some superinsulated windows,Iike,Hurd's InSol-8'; have a thermal
break to keep heat from conducting through the metal spacer at the edge of the glass. It is also important to have thermal
breaks in the aluminum frame or sash which supports the window.
FOR MORE INFORMATION ON
SUPERINSULATED WINDOWS
Look in your Yellow Pages under "Windows."
A couple of manufacturers of"superwindows" are HURD
MILLWORK,575 S. Whelen Ave.,Medford W154451,(715)
748-2011,and ALPEN,5400 Spine Rd,Boulder CO 80301,
(303)530-1150.
22 - __
t
MEMORANDUM
To: Kim Johnson, Planner
cc: Amy Margerum, Planning Director
From: Roxanne Eflin, Historic Preservation Officer
Re: Design changes to Aspen Meadows "Chalet" structures
(Amendment to Final (SPA) Development Plan)
Date: September 24, 1991
SUMMARY: The Historic Preservation Committee disagrees with the
applicant's statement that the proposed design changes on the
Chalet buildings constitute no change in the character of the
development. The Meadows Sub-Committee feels that the amended
proposal is a significant character departure from what the HPC had
originally reviewed and approved. The applicant was asked to
appear before the HPC to fully present the revisions, however, came
unprepared to do so at the August 28 meeting. The HPC is,
therefore, not in a position to recommend that the Planning Office
approve the request to amend the Final (SPA) Development Plan as
proposed.
BACKGROUND AND PROBLEM DISCUSSION: The principal change consists
of a window redesign, from three-panes to four, on all seven
structures. The streamlined, Bauhaus character (which
architecturally defines the Meadows) has not been respected with
the profusion of smaller pane windows. The applicant argues the
window redesign was necessary due to energy efficiency; the HPC
offered the applicant information on window sources that would
accomplish both their energy needs and protect the important design
issues associated with the larger (3-pane) windows. To our
knowledge, the applicant has not looked into this material
substitution.
Staff, the Meadows Sub-Committee and the HPC all feel the amended
plans warrant a closer study for character compatibility within the
Meadows parcel.
memo.meadows.chalet.amend
Joseph Wells SE P2o
Joseph Wells,AICP
Land Planning and Design
September 20, 1991
Ms. Amy Margerum
Planning Director
130 South Galena
Aspen/Pitkin Planning Office
Dear Amy:
As we have discussed with staff, some changes have been made in the
detailing of the elevations of the AIHS lodge buildings subsequent to Final
SPA Development Plan approval; these modifications are illustrated on the
Plat submittal drawings dated 29 July 1991. The drawings are numbered A3.1
through A3.7 in the lower right-hand corner. Ken Archuleta of Backen
Arrigoni,& Ross, Inc., architects for the AIHS facilities, has prepared the
attached letter to you explaining why these changes are necessary. Because the
changes result from technical or engineering considerations discovered
during the preparation of the actual construction documents following final
approval, I am writing to request your approval of these minor revisions
under the provisions of Section 7-8040 of the Land-Use regulations,
Amendment to Final (SPA) Development Plan.
These changes are eligible for your approval as insubstantial amendments;
they do not fall within any of the criteria which may not be considered as
insubstantial amendments, as follows:
Ia. The changes do not constitute a change in the use or character of
the development.
1b. The changes do not result in an increase by greater than three
(3%) percent in the overall coverage of structures on the land.
(There is no increase in coverage.)
1c. The changes do not substantially increase trip generation rates of
the proposed development, or the demand for public facilities.
(There is no increase in trip generation or demand for public
facilities.)
130 Midland Park Place,Number F2
Aspen,Colorado 81611
Telephone(303)925-8080
Facsimile(303)925-8275
Ms. Amy Margerum
September 20, 1991
Page Two
1d. The changes do not cause a reduction by greater than three (3%)
percent of the approved open space. (There is no reduction in
open space.)
1e. The changes do not result in a reduction by greater than one
0%) percent of the off-street parking and loading space. (Off-
street parking and loading is unaffected.)
1f. The changes do not result in a reduction in required pavement
widths or rights-of-way for streets and easements.
1g. The changes do not result in an increase of greater than two (2%)
percent in the approved gross leasable floor area of commercial
buildings. (Floor area is unaffected.)
1 h. The changes do not result in an increase by greater than one
(1%) percent in the approved residential density of the proposed
development. (Density is unaffected.)
li. The changes are not inconsistent with a condition or
representation of the project's original approval or require
granting of a further variation from the project's approved use
or dimensional requirements.
Please let me know at your earliest convenience if you need additional
information regarding these changes.
Thank you for your assistance in this matter.
erely,
Joseph Wells, AICP
November 12 , 1993
John Keleher
Construction Coordinator ASPEN•PITKIN
Music Associates of Aspen PLANNING&ZONING DEPARTMENT
RE: Recycled Asphalt Material for MAA Parking Lot
Dear John,
Thank you for your letter of October 6 describing the material
that is being considered- for the surface of the revamped parking
lot. As I had mentioned to you over the phone in mid October, both
Streets Supervisor Jack Reid and Assistant Parks Supervisor Rebecca
Baker ' felt that recycled asphalt was a suitable material given
their knowledge of its limited use locally. Jack did suggest that
the top ' 2 inches of the surface be" compacted, and an asphalt
emulsion binder (11MC30" was mentioned) be applied on the top.
Please let me know when I can come to *the site to see the
finished product so I can familiarize myself with it.
Sincerely,
Kim Johnson
Planner
130 SOUTH GALLNA STREET AsPEN,COLORADO 81611 PHONE 303.920.5090 F 303.929.5197
.
��R INC . P O . BOX 2412 - ASPEN , COLORADO 81642 - 2412
KELE�� , ` P . office uu�3-9-25-502"
'te 3O3-925-4267
Jnbsi
Oct�b�r �/ � 993 vi` `
To� /im Johnson � D�`
C/ ty of ��ppn Plann > ng
From� John K»� ehpr L
Construction Coordinator
Music Associates nf Aspen �
(
ee � �AA parkin� lot a� 3rd and G� � ! es� ie Sfreofs
Per our �onversat . on of October �th , I am writipg you to suggpst ,that
t�p refe,en th recycled asphal ! . . am
fu� ly aware of th� concero of the community tha� ihis l :t not lock like
the t�pical paved lot found in b� y city comnercial shoppiog cco�ers. 7 �
is my uodersfanding that th* SPA agreeement sppc �fips tha� the � nt shal �
be surfaced with r�ad base and a dust conf,o! �"eatm�nt applied on �
ttp
reular bas � s. TyP � c�l � y` this requires spraying
g, su,face uf the lut
with magnesiu� chlori �e anxua| � / .
Elam Cons�ructicn �as suggested using ,ecy�led asp��li / w� ich | s exac�l /
what t�e namp imp� ies. �fter d or purking lot , the
m a t p r i a� i s crushed at ��p i r p i a n t av� u where a pa`' ing
frea�ment is either not reqo � red or �anfed` bu� �he use af this rec�c� ed
material gives a better ` � onger ! astin� surface |han roa� base . It has
the added advaotage , �ecause sune of �he o, iyina| binder is sti � l in the
materia! , of not req� i � irg a regular treatment with chomica� s to hold
dm�n the dust which ` aside f,om the expense . is harmfu� tu the
surround� ng vegetatiu, . ] t also a� lmws surface water to percolate
through th� mate' � al .
The rec/cled asp�alt ma/ be ) aid down w� �h a paving �ach � ne ` ur spread
with a grader and compacted w| tk a rolle, , both appl � cations sim| lar to
paviog �cr� . After the or � g� nal placement ` the lot is �as� er to
ma } nta| n ` and if so �es� "ed, cxipsealed a� a � ater date . l be� ievp
there ar sevpral benef � ts in xsin i� is ate, ia� } n lieu of road
e � n
lt shoul � be noted thaf tke cus� of � � ther ma�eria� is the sans .
yen Hi �� �chool � ot on the wpst side of the hi �h schuol along
�a,000 Cre+k Road is one-ha, f /`ec/c� pd aspha� t and uce-ka� f ,o�d base
grav+! .
-�e curr*n � canstrcction sche�olp a� the MAA � ct ca! ls �or paving
sumet oe du, ing the �idd� * par � of Octuher . P� ease g(ve me a ca� l � f
you �ave any 7ue*t . ons.
Ok 0444v\
vfl sv
c/ol 15
MESSAGE DISPLAY
TO Kim Johnson
From: Amy Margerum
Postmark: Jul 14, 93 2 : 34 PM
Status: Previously read
Subject: Reply to a reply: Meadows dust again
------------------------------------------------------------------------------
Reply text:
From Amy Margerum:
Thanks.
Preceding message:
From Kim Johnson:
I checked various documents and found specific reference in the P&Z
reso approving Special Review for parking in the Academic zone which
states "The MAA lot shall remain unpaved but dust control measures
must be approved by Environmental Health prior to building permit for
the rehearsal facility. " I assume that if ongoing dust violations
occur, they might be forced back to P&Z to review their approval. We
may want to consider paving. . .
From Lee Cassin:
I already talked to Ed - they have the MgC12 scheduled for
application Monday the 19th. I ran into George Vicenzi last night &
told him the same - he was satisfied & I told him I knew I'd hear
from him if it didn't get done by 5 pm Fri. I always heard the city
didn't LET them pave the lot because we want it to look rural. Ed
told me that as well.
From Amy Margerum:
Lee: can you call Ed and ask him to do it soon. . . evidently the dust
over there is real bad DUE to the construction, therefore if anything
they should apply the dust suppressant during the construction and as
soon as possible. Also, Kim: are they supposed to pave it
eventually? I can't remember. . .
Thanks! ! !
From Lee Cassin:
Yes, they do have a fugitive dust control plan - I talked to Ed
Sweeney about a month ago & they were going to apply the dust
ASPEN SKIING COMPANY
SNOWMASS • TIEHACK/BUTTERMILK ASPEN MOUNTAIN
THE LITTLE NELL • THE SNOWMASS LODGE&CLUB ASPEN INSTITUTE,ASPEN MEADOWS
May 19, 1993. ` ' `
MAY
"ity Fl Aa:ae�1P ^yt3is OfftCB
Ms. Amy Margertrm
CO Asscclati_on of Ski Towels
City of Aspen
Aspen., CO 81611
Dear Amy,
We are delighted to announce that Aspen's oLdeSt and most prestigious
Institution is opening Colorado's newest conf(�retrce center, The Aspen
Institute, Aspen Meadows on .Trine 1 , 1993.
Aspen's unique position as a cultural center owes much to the
disti-ngtaish.ed tradition of The Aspen Institute. For over forty years,
leaders from the worlds Of business, government, the arts aild academia
have copvened at The Aspen Institute's Aspen Campus. An institution
committed to exploring values at the root of our society, The Aspen
Institute has high inspirations for bringing together individuals with
the ability to influence change. These goals have guided The
Institute's development for the past four decades.
ToAay, after a complete renovation of the 40-acne campus, inspired by
the colorful art and architecture of the Bauha,_ts era, this former
"summer- only" facility will operate as a conference. facility on a
year-round basis and will open its doors to the public for the first
t.i_me. Aspen Skiing Company, which owns and operates The Little Nell
and The Snowmass Lodge & Club will operate The Aspen Meadows.
4��{ ! For more information, simply fill out and return the enclosed card or
'lv feel free to call our hotel. sales office at: (303) 925-1220.
Sincerely,
Anneke Sc}.IOltert '^
Director of Sales
AV" �
V k�a�,V
I�
ASPEN SKIING COMPANY • POST OFFICE Box 1248 ASPEN,COLORADO 81612
800-525-6200 • 303-925-1220 • FAx 303-925-9024
LAW OFFICES
GIDEON 1. KAUFMAN
A PROFESSIONAL CORPORATION
GIDEON 1. KAUFMAN TELEPHONE
BOX 10001 AREA CODE 303
315 EAST HYMAN AVENUE, SUITE 305 925-8166
ASPEN, COLORADO 81611 TELEFAX 925-1090
May 13 , 1993
HAND-DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street � 3
Aspen, Colorado 81611
Re: Park Dedication Impact Fees
The Aspen Institute, Inc. , Aspen Meadows
Dear Kim:
I have been asked to address the issues of park development
impact fees as they relate to The Aspen Institute and Aspen
Meadows development. We have always believed that the park
development impact fees were waived, since the City Council made
a specific finding that the development was for essential
community facilities. We requested that City Council make the
finding that the proposed development by the non-profit
organizations qualified for an exemption from the GMQS as
essential community facilities, and the City Council made those
findings quite clearly. Sections 8 and 9 of Ordinance No. 14 ,
concerning the 50 lodge rooms, health club expansion, and tennis
shop expansion, specifically granted exemptions from the GMQS as �.
essential community facilities . Park development impact fees
have not been assessed upon development of essential community
facilities. In fact, Section 5-602 (C) of the Aspen Municipal
Code specifically exempts development of essential community
facilities from the payment of park development impact fees. a
I look forward to discussing this matter with you, if
necessary. Otherwise, hopefully you or Diane can confirm to Bill
Dreuding that we are, in fact, exempt from park development
impact fees. The effect of these fees on an already tight budget
for the non-profit organizations would be a real problem. Please
contact me at your earliest convenience. - - -
Very truly yours,
LAW OFFICES OF GIDEON I . KAUFMAN, P.C.
a Profppsional Corporation
By k:�
eon Kaufman
GK/bw
MESSAGE DISPLAY
TO Kim Johnson CC Bill Drueding
From: Diane Moore
Postmark: Jul 29,92 9: 18 AM
Status: Previously read
Subject: Reply to: MAA bldg. permit
-----------------------------------------------------------------------------
Reply text:
From Diane Moore:
Kim , I agree with you that Bill should continue his review and not
hold it up but permits not issued until financial assurances are in
place. Bill, please keep me informed of any other- potential delays.
Thanks
Preceding message:
From Kim Johnson:
I reviewed the Meadows SPA Agreement which states that fiancial
assurances for utilities and landscaping must be in place prior to
issuance of a building permit. I informed Alan Gass of this and he
will contact MAA. In the meantime, I don't think its a bad idea to
let Bill finish his Zoning plan review and forward it along - as long
as the permit doesn't get issued until the City (Jed?) approves the
required financial assurances. Any problems with this ? Please let
me know if so, the MAA is getting behind and wants to keep things
rolling if possible. Thanks.