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HomeMy WebLinkAboutcoa.lu.sp.Aspen Meadows1991.A11-91 #340937 07./24/9 if:, 13 F;ec 1,4(-)i>. (-)ir Rl:'' 667 PG 731 t� 1 i <_ Davis , Fitkin Casty C1erl.:_ , Do "THE ASPEN MEADOWS" SPECIALLY PLANNED AREA DEVELOPMENT & SUBDIVISION AGREEMENT 7 ra,' y 1 ' 1. f: ,""" >4��i,� ; 667 DOAVj. -. , r'ii._�:.in Cntl. erl Iior , �;ci ,t 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 i -, C!1/2 4/7 ' 16. 1=3 Rec: $q.,,_,o. c Fcf.:: 667 f'i._ 733 i.._;. 1-11<a vi Pi t k i n C n t Y C.I.ca r-.k. y n C)i_ ,, C) PAGE (b) Landscape Improvements . . . . . . . . . . . . . . . . . . . . . . . 19 4. Financial Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5. Employee Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 C. Lot 3 - The Aspen Center for Physics . . . . . . . . . . . . . . . . . . . . . . . 20 1. Site Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 (a) Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2. Financial Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 3. Trails . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 D. Lot 4 - Conservation Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. Site Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 (a) Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 E. Lot 5 - The Trustee Houses at the Aspen Meadows . . . . . . . . . . . . . . 22 1. Dimensional Requirements and Variations Therefrom . . . . . . . . . 23 2. Condominiumization and Six Month Minimum Lease Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 3. Site Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 (a) Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 (b) Landscape Improvements . . . . . . . . . . . . . . . . . . . . . . . 24 4: Trails . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 5. Financial Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6. Employee Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 F. Lot 6 - The Tennis Townhomes at the Aspen Meadows . . . . . . . . . . . . 26 1. Dimensional Requirements and Variations Therefrom . . . . . . . . . 27 2. Condominiumization and Six Month Minimum Lease Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 3. Site Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 (a) Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 (b) Landscape Improvements . . . . . . . . . . . . . . . . . . . . . . . 28 4. Trails . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 5. Financial Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6. Employee Housing . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . 30 G. Lot 7, 8, 9 and 10 - The Residences at the Aspen Meadows . . . . . . . . . 30 1. Dimensional Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 31 2. Site Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 (a) Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 3. Financial Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4. Employee Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 H. Additional Provisions and Agreements . . . . . . . . . . . . . . . . . . . . . . 33 1. Access/Emergency Loop . . . . . . . . . . . . . . . . . . . . . . . . . . 33 2. Fire Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 3. Fireplace Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 4. Drainage Mitigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ii X933 C)1 !2 4/9^ 1.6 1.3 R e c $4, C)C) DI-: 667 PG 73% Gi 1 vi a D a v F'i tl::i n C n t y C1.er V: y Doc C, PAGE 5. Fugitive Dust Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 6. Energy Conservation - Savanah . . . . . . . . . . . . . . . . . . . . . . 34 7. Energy Conservation - Institute and MAA . . . . . . . . . . . . . . . . 34 8. Fox Dens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 9. Re-Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 10. Manicured Lawn Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 11. Construction Barricading . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13. Public Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 14. MAA Parking Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 III. MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 A. Periodic Project Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 B. Non-Compliance and Request for Amendments or Extensions . . . . . . . . 36 C. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 1. Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2. Binding Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 3. Applicable Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 4. Vested Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 5. Expiration of Development Allotment . . . . . . . . . . . . . . . . . . 40 6. Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 7. Incorporation of Recitals and Written Submittals . . . . . . . . . . . . 41 8. Entire Agreement; Amendment . . . . . . . . . . . . . . . . . . . . . . 41 9. Acceptance of SPA Precise Plan; Ratification by Owner . . . . . . . 41 10. Reasonableness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 savanaMagmuVable.con 111 '3 4 C-, C)1 /-24/92 16. 13 R 00 Bl::' 667 FG 735 i ri C n t y Cl. e r V: , D o c T-- C) V L D"a,,,i. 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. 7 0 1/2,4/92 16- 1 Re c C)C 1-*-,'[::' 667 PG 7,15 S i I vi a D-.v i Pi L k i n C n t X.- C1. L.?r k Doc $'-. C)Ci 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. 2 (_i1. /":)4.,/92 L6,r, 13 -1:4(?(_?. "(D Df 667 F- j. v ii- D i Pi U-k J n Cn t- 1. u-r k c) 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, 3 +174097_C' C)1 /-24,1192' 1 1.-31 RE. (_)(_ _; 736 -) Bl:*' 667 F. i t I,:i C 1-f t V D n 7. The City has imposed conditions and requirements in connection with its approval, execution and acceptance of this Agreement and the Plat for recordation and such matters are necessary to protect, promote and enhance the public health, safety and welfare; and, 8. Under the authority of Article 7 of Chapter 24 of the Municipal Code, the City is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by the Consortium and the Consortium's successors and assigns; and, 9. The Consortium is willing to enter into such agreements with, and to provide assurances to, the City; and 10. The Consortium has submitted and the City has approved a detailed construction time line incorporating a specific construction schedule for the installation of the new Meadows Road; and 11. Specific fire hydrant locations for the development have been established and approved in cooperation with the Fire Marshall; and 12. A detailed tree removal and replacement plan has been submitted and approved by the City Parks Department indicating all trees to be moved or removed, their size, location, species and time of planting, transplanting, or removal specifying that all tree replace- ment shall be on a one-to-one caliper inch basis with minimum size at 1 1/2" caliper; and 13. Exact trail locations have been approved by the Planning Director giving priority to those alignments which minimize damage or disruption to existing vegetation and landscape and which subordinate grade considerations and, thus, minimize switchbacks, to the preservation of existing topography. As built easements shall be executed and conveyed after trail construction; and 14. All property exchanges between Savanah, the Institute, the MAA and Physics are to be effectuated simultaneously with the recording of the final plat or as soon thereafter as is practical in the circumstances; and 15. The Consortium has provided to the City a digitized copy of the subdivision plat. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City it is agreed as follows: 4 4:;4C)9 1. i'_41192' 16: 13 c `r14CC. . C.1C*, R*:' 667 PG 739 i V:i. :_A I-i`:A V J Pi k:i F, Cr-,.t., C I e r k: y Doc- $::. C)C) I. GENERAL REPRESENTATIONS A. (CONSTRUCTION SCHEDULES - GENERAL: 'The Consortium and City mutually acknowledge that exact construction schedules for the entire Project cannot be submitted or agreed to at this time, due primarily to two factors: (a) construction scheduling depends on the success of fund raising efforts by the non- profit members of the Consortium, and (b) construction will take longer than a normal development because summer programming and activities on the Property will require curtailment of construction activity during summer months. 'The Project involves five separate areas of construction activity with the following currently estimated sequencing: 1. It is anticipated that the Institute renovation and new construction, including the seven lodge buildings, administration building, health club and pool, parking structure and attendant site work will be undertaken in at least three distinct phases with the major components of each phase beginning in the Fall and ending the following Summer. 2. It is anticipated that the MAA tent improvements (seating expansion, back stage addition and site work), rehearsal/performance facility construction and site work and the reconfiguration of the parking lots on Gillespie will be undertaken in at least two phases, one being the tent related improvements and parking lot work and the other being construction of the rehearsal facility. 3. It is anticipated that the residential component, consisting of site improvements for the single family lots, tennis townhomes and trustee house remodels and additions and all related site work will be undertaken in three phases: the site work for the home sites, the tennis townhomes and the renovation and expansion of the trustee houses. 4. The construction of the new Meadows Road is currently planned for the Spring of 1992, and the conversion of the old Meadows Road to a trail with landscape and the upgrades to the utility and irrigation systems throughout the Property is planned for the Spring of 1992. The utility and irrigation system work will be coordinated with the individual construction phases and with the Public Works Director. 5. The schedule for completion of the City trail and bridge installation from the old Meadows Road to picnic point and across to the Rio Grande trail and from behind the auditorium accessing the Roaring Fork Road side of the campus will be established by the City but will be coordinated with the affected Consortium 5 J , 01 /24/92 16- 17 11-"cc AON(-)( J 1'1!:' 667 [-'G 740 . 1 v i F 1-1-::i n C n t k D 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: 6 PG 741 P*:' 667 c) 2 4/c?2, 16: :I.I f Pitkin i Cleri-:: , Doc 14� ijfj 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. 7 T(I 9 C)I:" 4 ,C�') 16. 13 R e A0W r C C ) 667 F-6 .742 D v i- , P i t 1<j_f-1 LC 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. fns C .. 0 fi Q. (1` y W Q, •.r �_,­N—1 c.,I /­ 4 667 F-C, 787 t n C n l< 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 [V C)I/2 4 2 1.6: 1__-T Re—c $4... 667 F 788, is Ii a v i =s Pi t! i n C n t y C1 e r-1-:: v D P.-c: $. C) 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%, A ff 1. /24/92 16: 1— F-'L-c $4t.., C) E' 667 PG 790 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. � � 4 c.� ! �- t I 4(-)f-.). 0C., I. 667 F"G, 795 PJ A k e-r k , D , .. 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 ---- --- ------------------- --------- -- ---- BB.O0 JOIE - 2" oa ;Y T.O. PLY 110'-0" USE fool-0" b - NOTE: T.U.'CONC: SLAB Co) BUILDING 1: 100'-O" = 7857 {H ..YE OMEN NO a ® N ® ■■ ■ ■ I P e IN f■ MIEN IN X11 � ■■ f■ ONE ■ ® ■ Lid ® M0 NOME O ■ ® �1 ■ ® l� ■ Lm1 0 FM71 l�i_it 1101 FalFalD XJ IN ® ■ ■ f ® MEN ,= � ■ � MIENS � �_- DIEM ■ ■Fa �m__I WIFE WE 109-1 0;_M.-0;1 rm7_1 ' ITT u - . .. ."" .. �pjy,.:. —6sF `a.• .Sw'�uF arsk.-../..au.:JBe..eauwmE+..u,r...,,.:SS..14.+�.:_E..£.:-..0 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.