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Home My WebLink Aboutcoa.lu.sp.Aspen Meadows.A05700 .r"1 CASE NUMIIER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION 1I0A ACTION DATE CLOSED BY n A057-00 2735-121-29007 Aspen Meadows SPA Substantial Amendment Lots 7,8,9, 10 Aspen Meadows Subdivision Sarah Oates SPA Amendment Evan Korn 5/22/00 Reso. 64-2000 Approved 8/18/00 J. Lindt .0000 o-r>~()~~, '- t) ,~ I i .. RESOLUTION NO. 64 (Series of 2000) RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A SUPPLEMENT TO THE ASPEN MEADOWS SPECIALLY PLA1'fNED AREA (SPA) DEVELOPMENT AND SUBDIVISION AGREEMENT RELATED LOT 7, ASPEN MEADOWS SUBDIVISION Parcel ill #2735-121-29007 WHEREAS, pursuant to the Aspen Meadows Specially Planned Area Development and Subdivision Agreement the Aspen City Council is authorized to consider the appropriateness of something other than an on-site Accessory Dwelling Unit deed restricted to mandatory occupancy for housing mitigation; and WHEREAS, the Community Development Department received a request from Robert and Audrey Holmes represented by Francis Krizmanich to provide a Category 2 off-site affordable housing unit to be added to the Housing Authority's inventory of ownership unit, as well as maintain a 500 square foot voluntary Accessory Dwelling Unit on-site; and WHEREAS, the Community Development Department and the Housing Authority have made a finding that allowing the applicants to do this in lieu of the Category lon-site ADU is in the best interest of the City; and WHEREAS, the applicants are permitted to build a 4,540 square foot single family residence which includes an on-site Accessory Dwelling Unit of 500 square feet, which must be rented under the low income guidelines of the Housing Authority. NOW, THEREFORE BE IT RESOLVED by the City Council: That the supplement to the Aspen Meadows Specially Planned Area Development and Subdivision Agreement related to Lot 7, Aspen Meadows Subdivision be approved with the following conditions : 1. The off "site unit is an ownership unit versus a rental unit. If a rental unit, the unit remains a Category 1. If the unit is an ownership unit, which is preferred, the unit would be upgraded to a Category 2 unit with a maximum sales price relating to how many bedrooms are in the unit. 2. The off-site unit is equal to or exceeds the resolution requirement of at least a 500 square foot one-bedroom unit. "5C <,(L.vl 1\;,\ <:: h,. "- r"1 n .~ 3. The off-site unit is inspected and approved by the Housing Office. 4. The off-site unit is in the downtown core or other location meeting the intent of the Aspen Area Community Plan and/or criteria of the Interim Citizen Housing Plan; i.e., proximity to employment centers, shopping, transit, etc. I I I I I I 5. The off-site unit is deed restricted prior to Certificate of Occupancy approval for the dwelling unit on Lot 7, Aspen Meadows Subdivision, and is sold through the Housing Office under the general lottery. 6. The existing on-site deed restricted unit will not be released until such time a replacement unit is found. It is preferred that the existing unit still remain a deed restricted type unit, but that it carry the accessory dwelling unit designation - which allows the unit to remain empty and if rented, there is no maximum rent that can be charged. 7. If the off-site unit is an existing dwelling unit, it falls under Part III, Section 12, of the AspenlPitkin County Affordable Housing Guidelines, which states: A. . Pursuant to the applicable City or County Land Use Codes, an applicant for a development, under certain conditions and subject to certain requirements, may satisfy the affordable housing requirement by deed restricting existing unrestricted housing to comply with the Guidelines. Acceptance of existing units shall be at the sole discretion of the respective governing body upon recommendation of the Housing Office. B. If accepted by the City or County, existing units must be upgraded in accordance with the following criteria, unless a variance from these requirements is approved by the applicable governing body upon the recommendation of the Housing Office: all units must be freshly painted; all appliances must be purchased within the last five years and be in good condition and working order; new carpet shall be provided (unless carpet has been purchased in last five years and is in good condition and repair); the exterior walls shall be freshly painted within one year of dedication, a general level of upgrade to yards and landscaping shall be provided, and, windows, heating, plumbing and electrical systems, fixtures and equipment shall be in good condition and working order. The roof must have a remaining useful life of at least ten (10) years. All units shall meet Uniform Building Code minimum standards, any applicable housing code or, in the absence of an adequate code, such recognized housing code acceptable to the Housing Office and shall be approved by the Housing Office and verified by a qualified Building Inspector accepted and approved by the Housing Office. Applicant shall bear the costs and expenses of any required upgrades to meet the above standards as well as any structural/engineering 2 1"""'\ ~ \.,.;f "- .... reports required by the Housing Office to assess the suitability for occupancy and compliance with the Housing Office standards of the proposed units. APPROVED by the City Council at its regular meeting on May 22,2000. Attest: ~4/' ()~ KathrynKo~, ~~ City Clerk """'r ) I Richards 3 1"""'\ il MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director FROM: Sarah Oates, Zoning Officer RE: Supplement to the Aspen Meadows SPA Agreement regarding Lot 7, Aspen Meadows Subdivision DATE: May 22, 2000 SUMMARY: As part of the Aspen Meadows Specially Planned Area (SPA) Agreement approved by the City of Aspen in 1992, Lots 7, 8, 9 and 10 were approved as free-market lots for a single family home per lot. As part of the approvals the owners are required to build an Accessory Dwelling Unit (ADU) of 500 square feet above grade. The ADU in each residence is required to be deed restricted to the low income rental guidelines (Category 1) as determined by the Housing Authority. The ADUs are required to be rented to a renter of the owner's choice. Each lot was allocated 500 square feet of floor area for the purpose 'of providing an ADU. Currently, only Lot 7 is developed and has the required ADU. The other three lots have not been developed. The applicants are requesting a supplement to the SPA agreement that would allow them to purchase an off-site housing unit that would be added to the Housing Authority pool of units for sale, and maintain the ADU at Lot 7, Aspen Meadows Subdivision as a voluntary ADU. See Exhibit "A" for the recommendation from the Housing Authority. Staff supports the proposal to provide an off-site, deed-restricted unit, and a voluntary ADU at Lot 7, Aspen Meadows Subdivision. ApPLICANT: The applicants are Robert and Audrey Holmes, represented by Francis Krizmanich. REVIEW PROCEDURE: As part of the Aspen Meadows SPA Development and Subdivision Agreement it states: ' 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 offsite employee unit. The decision shall be at the reasonable discretion of the City. 1 f"',. n STAFF COMMENTS: The recommendation from the Housing Authority has been included as Exhibit "A." The application has been included as Exhibit "B." The section of the SPA Agreement pertaining to Lot 7 has been included as Exhibit "c" (page 33). RECOMMENDATION: Staff recommends the City Council approve the supplement to the Aspen Meadows SPA Development and Subdivision Agreement with the conditions listed in Resolution of2000, and outlined in Exhibit "A." RECOMMENDED MOTION: "I move to approved Resolution _ of 2000, a supplement to the Aspen Meadows SPA Development and Subdivision Agreement with conditions." CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A-Housing Authority Memo Exhibit B-Development Application Exhibit C-Section of the Meadows SPA Agreement related to Lots 7, 8, 9 and 10 c:\h(lmc\planRing\mcadnw~7.doe 2 I"""'; f\ " i RESOLUTION NO. 64 (Series of 2000) RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A SUPPLEMENT TO TIm ASPEN MEADOWS SPECIALLY PLANNED AREA (SPA) DEVELOPMENT AND SUlIDIVISION AGREEMENT RELATED LOT 7, ASPEN MEADOWS SUBDIVISION Parcel ill #2735-121-29007 WHEREAS, pursuant to the Aspen Meadows Specially Planned Area Development and Subdivision Agreement the Aspen City Council is authorized to consider the appropriateness of something other than an on-site Accessory Dwelling Unit deed restricted to mandatory occupancy for housing mitigation; and WHEREAS, the Community Development Department received a request from Robert and Audrey Holmes represented by Francis Krizmanich to provide a Category 2 off-site affordable housing unit to be added to the Housing Authority's inventory of ownership unit, as well as maintain a 500 square foot voluntary Accessory Dwelling Unit on-site; and WHEREAS, the Community Development Department and the Housing Authority have made a finding that allowing the applicants to do this in lieu of the Category lon-site ADU is in the best interest of the City; and WHEREAS, the applicants are permitted to build a 4,540 square foot single family residence which includes an on-site Accessory Dwelling Unit of 500 square feet, which must be rented under the low income guidelines of the Housing Authority. NOW, THEREFORE BE IT RESOLVED by the City Council: That the supplement to the Aspen Meadows Specially Planned Area Development and Subdivision Agreement related to Lot 7, Aspen Meadows Subdivision be approved with the following conditions: I. The off-site unit is an ownership unit versus a rental unit. If a rental unit, the unit remains a Category 1. If the unit is an ownership unit, which is preferred, the unit would be upgraded to a Category 2 unit with a maximum sales price relating to how many bedrooms are in the unit. 2. The off-site unit is equal to or exceeds the resolution requirement of at least a 500 square foot one-bedroom unit. I""""l n 3. The off-site unit is inspected and approved by the Housing Office. 4. The off-site unit is in the downtown core or other location meeting the intent of the Aspen Area Community Plan and/or criteria of the Interim Citizen Housing Plan; i.e., proximity to employment centers, shopping, transit, etc. 5. The off-site unit is deed restricted prior to Certificate of Occupancy approval for the dwelling unit on Lot 7, Aspen Meadows Subdivision, and is sold through the Housing Office under the general lottery. 6. The existing on-site deed restricted unit will not be released until such time a replacement unit is found. It is preferred that the existing uilit still remain a deed restricted type unit, but that it carry the accessory dwelling unit designation - which allows the unit to remain empty and if rented, there is no maximum rent that can be charged. 7. If the off-site unit is an existing dwelling unit, it falls under Part III, Section 12, of the AspenlPitkin County Affordable Housing Guidelines, which states: A. . Pursuant to the applicable City or County Land Use Codes, an applicant for a development, under certain conditions and subject to certain requirements, may satisfy the affordable housing requirement by deed restricting existing unrestricted housing to comply with the Guidelines. Acceptance of existing units shall be at the sole discretion of the respective governing body upon recommendation of the Housing Office. B. If accepted by the City or County, existing units must be upgraded in accordance with the following criteria, unless a variance from these requirements is approved by the applicable governing body upon the recommendation of the Housing Office: all units must be freshly painted; all appliances must be purchased within the last five years and be in good condition and working order; new carpet shall be provided (unless carpet has been purchased in last five years and is in good condition and repair); the exterior walls shall be freshly painted within one year of dedication, a general level of upgrade to yards and landscaping shall be provided, and, windows, heating, plumbing and electrical systems, fixtures and equipment shall be in good condition and working order. The roof must have a remaining useful life of at least ten (l0) years. All units shall meet Uniform Building Code minimum standards, any applicable housing code or, in the absence of an adequate code, such recognized housing code acceptable to the Housing Office and shall be approved by the Housing Office and verified by a qualified Building Inspector accepted and approved by the Housing Office. Applicant shall bear the costs and expenses of any required upgrades to meet the above standards as well as any structural/engineering 2 I"""l n reports required by the Housing Office to assess the suitability for occupancy and compliance with the Housing Office standards of the proposed units. APPROVED by the City Council at its regular meeting on May 22,2000. Attest: Mayor: Kathryn Koch, City Clerk Rachel Richards 3 I.......\ ~ HOLLAND & HARTLLP ATTORNEYS AT LAw DENVER. ASPEN BOULDER. COLORADO SPRINGS DENVER TECH CENTER BilLINGS. SOISE CHEYENNE. JACKSON HOLE SALT LAKE CITY 600 EAST MAIN STREET ASPEN, COLORADO 81611-1953 TELEPHONE (970) 925-3476 FACSIMILE (970) 925-9367 THOMAS]. TODD ttodd@hollandhart.com April 24, 2000 VIA HAND DELIVERY John Worcester, Esq. Aspen City Attorney, City of Aspen 13 0 South Galena Street Aspen, Colorado 81611 Re: Aspen Meadows SPA Approvals Dear John: Holland & Hart LLP represents Robert and Audrey Holmes, the contract purchasers of the single family residence on Lot 7 of the Aspen Meadows Subdivision. Lot 7 (along with Lots 8,9 and 10) of the Aspen Meadows Subdivision were all approved in the SPA agreement for development of single family residences. Each of these four lots was approved for a maximum FAR of 4,540 square feet, including an accessory dwelling unit of 500 square feet. The SPA approvals mandate that the accessory dwelling unit for each lot is to be deed restricted for category one employee dwelling unit type lease restrictions. My clients are interested in pursuing either a cash-in-lieu buyout or the purchase of an off-site housing unit to trade out of the employee dwelling unit restriction. The Aspen Meadows Development and Subdivision Agreement contemplates that the City will, if requested by a lot owner, consider accepting a cash-in-lieu payment or an off-site employee unit in exchange for a release of the mandatory EDU lease restrictions. According to the Development and Subdivision Agreement, this decision can be made at the reasonable discretion of the City. I have included with this letter an indexed package oftitle documents which cover all the references to the employee dwelling unit restrictions affecting Lot 7. My clients' real estate broker, Mike Cooper, and I have met with Mary Roberts and Ken Mayle of the Aspen/Pitkin Housing Office to discuss the cash-in-lieu and/or off-site alternatives. I expect that my clients and the Housing Office will soon reach an agreement on what an appropriate cash-in-lieu and/or off-site alternative will be, and I expect to draft a written agreement between the Housing Office and my clients to document these 1"""'\ HOLLAND & HARTLLP ATTORNEYS AT LAW cJ John Worcester, Esq. April 24, 2000 Page 2 arrangements. My concern at this point is that the Development and Subdivision Agreement would appear to place the ultimate approval on this agreement at the reasonable discretion of the City of Aspen. In order to meet all the parties' expectations, I would like to confirm through you that the City of Aspen will defer to the Housing Office's recommendations on these matters. Certainly, my clients cannot take the risk of committing to making a cash-in- lieu payment or, an off-site purchase if the City of Aspen would be opposed to it. Based on the foregoing, I would very much appreciate your reviewing the attached land use documents and advising me of what, if any, consents may be needed from the City of Aspen with respect to performing a cash-in-lieu and/or off-site purchase program. Please call me at your earliest convenience to discuss any questions or issues that you may have. Because we are under a tight time frame with respect to my clients' due diligence period under the contract to purchase this property, whatever you can do to help expedite this matter will be appreciated. Sill",,!y, ~ 1: J4:dd of Holland & Hart LLP TJT:sm Enclosure cc: Mr. and Mrs. Robert Holmes Michael Cooper Francis Krizmanich Mary Roberts Ken Mayle 2653274JDOC 0, ~ ,..jI ,/ \ "'~"'~"-J r:~- ,.i,:[--:..\: ~ APR 2 5 2000 III . , ASPEN I P1:r.KJ!'J w: COMMUNITY DEvo,..!v?,.,;.;;NT THE CITY OF ASPEN OFFICE OF THE eIn' AITORNEY April 25, 2000 Thomas J. Todd, Esq. Holland & Hart 600 East Main St. Aspen, CO 81611 Re: Aspen Meadows SPA Approvals Dear Todd: This is to acknowledge receipt of your letter dated April 24, 2000, in which you seek .guidance on the proper process to follow to obtain City consent fonash-in_lieu of on- site construction of accessory dwelling units. My recommendation is that you speak with the City's Commuriity Development Director, Julie Ann Woods,' to' schedule a meeting before the Aspen/Pitkin County Housing Authority for their recommendation and then a meeting before the Aspen City . Council for adoption of a resolution. . I understand that you would prefer to have me simply allow this consent to be deferred' to the Housing Authority. I do not have the authority to permit this shortened process. It is quite clear to me that the Subdivision Agreement envisioned the construction of ADU's on site, but kept open the option for the developer to seek approval from the City Council to .alter. that requirement. Only the City' Council can consent to. a change in the requirements for ADU's. I hope this. does not cause your clients any unreasonable delay, but it may ultimately be in their interest to have an official resolution approving their proposed change' in meeting the affordable housing requirements for this project. 130 SoUTH GALENA STREET' ASPEN, COLORADO 81611.1975 . PHONE 970.920.5055 . FAX 970.920.5119 Prinled on Recyded Paper . Thoinas J. Todd, Esq. April 25, 2000 Page 2 r1 f) If you have any questions, please let me know. Sincerely, ~t17~ John P. Worcester City Attorney cc: Community Development Department JPW -04125/2000-G:\johnlwordllettersltodd2.doc -. "I I,~~~.~ :11 __ w u~u~; ~~~ih~;~~lL0[>;~u=~:= II .__~ ~ ------------ ---_.~---_. ---- - ..----.. hi_. -.---- . .--.-. ,- - _.__ . .. .. _ .-~.--.c<..J .-- 111 ~--4LL~ ._'__ ....~Jlt/lL--.-~-7b~.~~.~ LJ ___. . ....,.-.. .'=~ LZ>~ _--~::...,_ ,.,..,~ _ !III' c)____4_. f:.-k?------ ... . J/le,~~ _'__ _ 1- "'~' -/":f.C(-ee;----- ----,- iii u_~ . ~__ --------- i Ii . ill -----_._~: -- ill ...----.-..---------+tt ;1: Hi ~--~t+ .---- III ----- 'l.i ".~'-j --'-'- III . - II, -..--.-.Jt!! I - ----- i :1 ---.. III '-'-"'-- - III --.--- J -----. 'II ii u ~~ ? O~ "-~ " __AP.,R 213 '99 01:~f'11 R;PENnUSING OFC ~fA >~-f;''t:l '8 t996 0\ . ~ I M.e~ou:>~ Sf A OCCUPANCY DEED RESTmcnON AND AGREEMENT FORAN EMPLOYEE DWELLING UNIT APPROVED PURSUANT TO ASPEN PLANNING & ,/ ~J ZONING COMMISSION RESOLUTION NO. 91-10 AND CITY COUNCIL ORCJIN~NCENO. 14 (Series 1991) THIS AGREEMENT is made and entered into this ~ I day of April, 1999. by Medicine . Bow Equity Ventures L.L.C. (hereinafter referred to as "O~ whose address is 660 Meadows Road, located in the County of Pitkin. and the Aspen/Pitkin County Housing Authority (hereinafter APCHA). a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTER-GOVERNMENTAL .AGREEMENT recordedin Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority"). "'., , WITNESSETH WHEREAS, Owner owns real properly more specifically described as Aspen Meadows S,P.A. Subdivision Lot t'(hereinafler referred to as "Real Property"), which Real Property shall contain one "Free-Market" unit and one affordable dwelling unit to contain one bedroom. approximately 500 square feet, aporoved~by the ~spen Planning & Zoning Commission Resolution No. 91-10 and City Council Ordinance No: 14 (~s 1991}. For purposes of this Agreement, the Employee Dwelling Un II, [he Fl.t:1;\IPIUPt:lly, an all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as tha "Properly"; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Employee Dwelling Unit to employees and their families who are employed in Pitkin County and meet the qualification guidelines established and indexed by the Authority on an annual basis. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. Owner hereby covenants that the Employee Dwelllng Unit described above shall at all times remain a rental unit and shall not be condominlumized. 2. The use and occupancy of the Employee Dwelling Unit shall. henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of "qualified Category 1 employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis. The Owner shall have the right to lease the Employee DWelling Unit to a "qualified Category 1 employee" of his own selection. Such individual may be an employee of the Owner, provided such person(s) fulfills the requirements of a qualified employee. The unit must meet occupancy requirements as established by the APCHA and reviewed from time to time. ..;< n 3. The Employee Dwelling Unit shall. not be occupied by the Owner or members of the immediate family ("Immediate Family" shall mean a person related by blood or marriage }F'~ :,h,,; ;~ii .' "~i1~;;r:.4 , ':;1' 1 ;;J; .f .___.._....___,-_,__M~'___."'_..~_._ . .... '. . , ~ ,,-., .r'\ SUMMIT DEVELOPMENT CORP. 601 E. Hyman Avenue, Ste. 103 Aspen, CO 81611 ~~ FAX #: ;1.:1.3 -C:, .2 ~ .;z FROlVI: ~ ~~ FAX TRANSMISSION DATE: ?~//7'? TO: PAGES: RE: COMMENTS: 4/~~ ~~d_ ~~~~ CONFIDENTIALITY WARNING This message is intended only for the lIse of the individnal or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intendcd recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notilied that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, notify us immediately by telephone and retul'll the original message to us at the address above via the U.S. Postal Service. Thank yon. (970) 920-1742 Phone * (970) 925-1711 Facsimile ~ SENT BY~SAVANAH LTD PARTNER ; 8-21-98 r"'\. ; 11: 15AM ....... -- -...._~._--- r4 'Ji. ~ , / '>0. -", .~. ''j.~'';' 'l'1 .~' , /.; '-, 3: / / \/ \ .' ",0 < '#. ~;~ :Ii; ,. " i ..\ '. ,. , , i I~ ;:-1-'':''~'-::-~/' , 5; , -,' , , \ I,: j \J , 1 ~ E- :, ~:5 CI) f-- ~!!~ .~~\ i':ZZH. \~,' o UJ 0 ':!:::-iIH ,- Q ~ (;;i~~ i: <( c... _ ~:'g~H- f.;,):3 ~ ;J:i::~l .::E!:.Q Q :=:-:::~i~l Z > Cl ~ fJll:i <.:.l <.:.l :::> . ...1", ~ 0 CI) .;~~HJd UJ <! "",,,1 ..; -' j "V!" ....... ",,;;,,, Ii .c.Ll c..; Z ~~:~~; ::r::: ~ tL: jS-S E-<!c:~j Z~ G:; '~:;.. \. \' .-::'.#"~~>,.-:;Ji/!!~~~._ ~ \ ..-.<"'4?~'i '\' ~---~ 'l ~'\\l, f ~j ~:J ~ . , '" '. 9i l i , ~ 3039254387~ y../^ . '. 1"""" '(";~'\ \ \ " .-';,.... .A \. \:~> ..~-;~~:\ \,......:#'" .' '.~ .>- '.~ :, './ " "-".' ,', .~ ,.,' ../o~ *<,:...,. ~ :_~ ~t ., .\..::<' ~" .,;", ::,:-:;!?;':-':-' ,/ " ...;.4;:r-" / / , . '::.; ......' ::x:: , 'i.---' \.--.....-- , ::~ - ..'" ': iin ~ ;.~n .~>"S~ .~!'~ ,.~,! !~ IS H ~ I . , . Jd" ; il1.!t~i .!~~j~l ~;;:1~~ .....1.... j; l~ )11 .i.!_...!.! I:H'i , j ::l o..e.o ...:...._-_. \-~ :.:. ". - '.;::;;:~.:. \[;~;~ '- ,~ ..,\.:... ,- \ ~.' 9251711;# \~'~.. ~-- '''.\ ~ \t:~::: .:' r" Y::=-"--- ,.'.,\ -- -="t ,) o;,~-." ___.... -'~-.....-- \.:.. -- ---~ '(---- \--;.-~- ~ r- --- , .. ~ 'Ct::.--- . \ V':--::::- .. t:::.-- \ \ 'M- , .' -- t...--:' "'.-- 't,.:;> ~~ ~- -c-: I- i/ i/ N; , . CI)! . / ,--<' /r " /" "" -. / """ 5 " -~ ,\ " .S \-'\- "" '" ~~,,' ,\ '\ ':", " \\ .,\... "" l \ '- , \. \ \. \ \. H' \ /y!!! \ / /]~} /Y / hi // !11 '( \ 'JI \ \ Ij" \ I" \ ~l~. '1'1 Ill!. 'I' fut ~!j~ ihl . I ,I J.~. .-,7' "'~ .""~ . .;~'E.', :'f~:;.' . "~- ,~\~: '."J ""': c: """'~ \_, y" ~ t . "I ,:;' '::J .'~; :~, SENT BY:SAVAN~H LTD PARTNER ; 8~2f-98 ;11:17AM ; 3039254387~ 925171';# 2 ~409.~'r"r)1/;':;:""l"'';;; J.O: .1.....' "e='\.. ~""'-'V.'""'-' Loll'" .:;weu tv rg..,. .:lvia Davis, Pitkin Cnty r.-k. 00<:: $.00 from the guaranty delivered by Savanah of the agreed estimated cost for that portion of ~c 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 fonh. Any such substitution shall be subject to the prior approval of City Attorney in his determination. 6. Emplovee Housing In connection with the construction of the seven tennis townhome townhouse condominium units on Lot 6 Savanah shall pay to the City an affordable housing mitigation impact fee for 1. 66 low income employees per unit for each of the seven new residential units on Lot 6, in an amount to be calculated pursuant to those fee guidelines in effect at the time the fee is to be paid. The fee shall be paid prior to the issuance of the building permit for construction of any new residential unit on Lot 6 and shall be paid in proportion to the number of ul\its sought to be permitted. f l. 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-1S 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 SOO square feet of garage, but including the accessory dwelling unit of SOO square feet above grade. F ARs 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 F ARs. The four single family units have specific building envelopes as shown on the Plat and will be subject to protective covenants that will be plaCed of record prior to the sale of any of Lots 7, 8, 9 and 10, which covenants will, at a minimum, provide for (a) the establishment and incorporation of an association of homeowners with a Design keview Board, at least one member of which shall be designated by the City of Aspen Historical Pteservation 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 SENT BY:SAVANAH LTD PARTNER ; 6-21-96 ;11:17AM ; 3039254367- \ ~~937 1)1/::4/<;12 16: 13 Rec: '(....":~. 0(1 BK 64.7 Silvia D~vis, Pitkin Cnty Clerk. OQC $.00 9251711;# 3 F'G 76!5 abide by the applicable terms, provisions, and conditions of Ordinance 14 and approved. SubdivisiDn Plat for said IDts. 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 PIat 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. b) Minimum lot area per dwelling unit: c) Minimum lot width: d) Minimum front yard: .f , i) Residential dwelling; , . ~, ii) Accessory building: e) Minimum side yard: ~. The minimum R-I5 zone district lot size per principle dwelling unit has been reduced to 12,000 square feet for Lots 7, 8, 9 and 10.) 12,000 sq. ft. 7S feet 2S feet 30 feet 10 feet ~. The minimum side yard setbacks have been reduced by the City under the SPA to zero feet for the West side of Lot 7 and the East side of Lot 10.) f) Minimum rear yard: i) Residential building: 10 feet ii) Accessory building: S feet ~. Rear yard setbacks for Lots 7-10 are as shown on the Plat.) g) Maximum. height: 25 feet . '. 31 SENT BY'SAVANAHLTD PARTNER . 8-21-98 :11:18AM : 3039254387~ ~- \ ~~'1.J( CJ1/~'+I'"1'~ J.7'IIJ.~ r~ec.. " .~.\.jV Ot;~ Clor s1 la Davis, pl1:lon Cnty elf" '\ Dec: $.00 9251711;# 4 ,...", "'00 h) Minimum distance between detached buildings on lot: 10 feet --" i) Percent of open space: No Requirement j) External FAR: 4,540 sq. ft. ~. The square footage includes an accessory dwelling unit of 500 sq. ft. and excludes a garage of up to 500 sq. ft.) k) 1) Internal FAR: no requirement Off-street parking spaces: One space per bedroom, and one space per accessory dwelling unit. 2. Site ImDrovements a) Utilities. All telephone, electric and cable lines on the Propeny servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and as built easements will be provided as required. It shall be the requirement of Savanah to install all utilities to the lot lines. The utilities shall be installed in connection with the construction of the new Meadows Road. .1 i 3. Financial Assurances In order to Sl"J:ure the construction of the site improvements in Paragraph 2 above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above-described improvements. As a condition for issuance of a building permit for a portion or all of the utility installation, Savanah and City shall agree on that portion of the work outlined in Paragraph 2 above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanah to City, in all events, shall give the City the unconditional right, upon and following default by Savanah, notice thereof by the City, and a fony clay 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 SENT BY'SAVANAH LTD PARTNER . 6-21-96 ;11:16AM ; 3039254367~ . '. (-)93701(:24/92 16: 13R~c::e'i""'\'oo 8,,: 667 si ia Davis, Pitkin Cnty Cl~ ~ Dc~ $.00 9251711;# 5 PG 767 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 ate completed. the Public Works Director shall inspect them, and upon approval and written acceptance, he'shall authorize the release from the guaI:anty delivered by Savanah of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site improvements shall be retained until all proposed site improvements are completed and approved by the Public Works DirectOr. At anytime and from time to time, Savanah shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination. 4. Emolovee Housinli . 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 fa.mily 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 "P" 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 a.pproPriateness 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. ADDmON:hL PROVISIONS AND AGREEMENTs: 1) Access/Emerllency Loop. The thirteen foot service access/emergency loop drive serving the lodge buildings on Lot 1 shall be constnlcted with an all weather surface adequate to suppon 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) Eire Protection. All buildings to be served and accessed from the thirteen foot access/emergency loop drive shall have interior sprinkling fire protection/ suppression systems as approved by the Fire Marshal and such system(s) must be approved prior to the issuance of a building permit. . ~" 33 i. SENT BY:SAVANAH LTD PARTNER , - , 7) " . 8-21-98 : 11: 19AM ; 3039254387" 9251711:# 6 ~....,..,.:J" Ul/:.:<t/,,>,:'; 1b;13 f;:ec~I)O.I)(1 ElK 667 PG 769 _ilvia Davis, F>itkil'l Cnty ,-_kr'k, !)QC $.00 3) Fireolace ReJulations. All re.sidential 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 fin:places 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 fueplaces. 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) Draina2e MiuiatiO'1. Prior to the issuance of a building permit for each component of the Project, a drainage mitigation plan for that component for run- off during construction activity shall be submitted to and approved by the City Engineer so as to insure against or minimize run-off into Castle Creek and the Roaring Fork River. 5) FJJ,itive Dust Control. Prior to the' issuance of a building permit for each component of the Project, a fugitive dust control plan for that component must be submitted to. and approved by the Environmental Health Department and applicable state agencies. Additionally, a fugitive dust control plan must be submitted and approved by the Environmental Health Department for the MAA parking lot prior to issuance of a building permit for the MAA rehearsal! performance facility. 6) Ener2Y 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, HV AC, 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. EncIiv 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 pennits for the lodge structures and the MAA rehearsal/performance hall must be accompanied by the energy information provided to staff in the Appropriate TechnOlogies Associates' letter of May 3, 1991, Exhibit "F" and the MAA Rehearsal/Performance Hall Energy Conservation Description document submitted to Planning stiff on May 20, 1991, a copy of which is attached hereto as Exhibit "G". The engineered thermal envelope calculation will be verified by the Building Department according to the Model Energy Code. 34 SENT BY':SAVANAH LTD PARTNER. ,K-21-96;" :2.0AM.; 3039254367" Silv)OalV1S, F'lt~:ln Cnty Cl""'k~cc: ~.<)C> .'m1711;# 7 8) Fox Dens. The Consortium has constructed replacement and additional fox dens in a manner and at locations se1Cl:ted in the field by the City, in consultation with . the Director of the Aspen Center for Environmental Studies ("ACES"). .- 9) Re-V~~~tation. 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 rc-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 enveiopes of the tennis townhomes and trustee townhomes to prevent damage from falling debris to the slope bordering the development activity unless unstable soils dictate alternative locations mutually agreed upon by Savanah, the Building Department and Planning Office. Prior to issuance of building permits for individual components, the locations of all fencing and barricades shall be submitted to and approved by the Building Department and the Planning Office. All fencing and barricades shall remain in place throughout the construction process. 12) Amendments. Any SPA or Master Plan amendment Or future development applications submitted by any non-profit user of the Property (Lots I, 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 .~ ~ SENT BY:SAVANAH LTD PARTNER. r\'21-96 :":20AM ; ~03.92~61~ .'" QCH "'l:>92;~1:)':# 6 ~. ;a. Da.vis, F'itkin Cnty Clf!', 001:: $.<)0 ,l Propeny, 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 pnvacy and serenity of the campus, its programs and the health and safety of other users and visitors. 14) MAA Parkin, Loi. The MAA parking lot shall be plowed and kept clear of snow during all wintertime performances or functions at MAA facilities. m. MISCELLANEbuS A. PERIODIC PROJECT REVIEWS .,.-." To the extent practical and necessary, every six months following the date hereof until the construction of all components of the Project is complete, the Consortium shall, if requested thereby, meet with the City Planning Office for the purpose of informing the Planning Office as to the progress in developing the Project pursuant to the terms hereof. If the Planning Office deems it necessary, the Planning Office will report to the Aspen Planning and :ZOning Commission on the outconu: 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 ac:ceptable solutions to any problems that may be encountered during construction. '" ~. B. NON-COMPLIANCE AND REOUEST FOR AMENDMENT.<: OR EXTENSroN~ 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 specifyillg 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 anyone 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 ~~I;~(~i J\ :-:1. ~,..~.,\:f<..;,L~"~' "'.' , ~, .~~.~." 1"""""1 ." -" A .,.A' '"\~:J~"': ...... '. '.'(" .iW~!IliU~'/. i'f1fl." '~'."'..~' ..'.~..~ ""'~~7~? it::. "4i .,~ -. ':, '\. 76J.-8/1 ! i< % .' [ ';"'~'"I :>:.:,'. .;... ;::;1,"/'.),3 D- '/C.~7.' SILVln n(W t.J P-nOl1 ~)()/,~~t;?I/()1.1 1~~I: l"~''1j PG 1 OF ..:1} f."lTl: [H I.;CIi.lNIY CI.U<f': '& r<r:COllPEH r~LC I /. ~.~. 01i.1 DOC NL ". . '''''.1 ~ ....,.fOI",~_,.,) .' .r....;. ORDINANCE NO. 14 j ..:if, IPP' !~ ~CI List of Documents Document Tab No. Title of Document 1. Ordinance No. 14 (Series of 1991) Granting SPA Approvals for Aspen Meadows. .See page 19, granting R-15 Zoning approval for Lots 7, 8, 9 and 10. .See page 22, establishing 12,000 square foot minimum lot sizes for Lots 7,8,9 and 10. 2. The Aspen Meadows SPA Development and Subdivision A~reement. .See page 30, approving, inter alia, FAR and dimensional requirements. .See page 33, containing provisions for cash-in-lieu and/or off-site replacements for employee dwelling unit restrictions. 3. Amendment to Aspen Meadows SPA Development and Subdivision Agreement. 4. Employee Dwelling Unit Deed Restriction. 2653261_1.DOC .\.~"". :i1>I,.:'<\! :;i\ , :I<.!.",... '. ,)\r....;'I>t:I~.....~' ,,;' -" ',. ... f'1' ~....,..... "..",,(...~, ':~4.\ . .....'" '.1t....J:'., . .Jw.'..... . ....'.!'~,.~."'......_. ~, . .'.. ' , ' ..~ '1~-' ,. ._",cIe.' .~. . ,,". .~~ .., i.t~\il l : jj ~ '. ,"'I "-:J,. 76f).~gll '/ ./" [\ 'r' I'..'...,!)ll ".'J ,','''1.,'.',,'')'1 1\'.1'.', ".1,', f)(', 1. \")1:- I.:/J .:, :, .),:,':. ( :.'~-:: 0 ot' ~ Sll..Vln nnVl_J l="JTI;I!\1 LC'I\.INlY CLLf.'!':'"& r~r.:T.:OHlJr~l~ HC;"C 1/11/1.0li.1 flOC . ~ ;~~;::{" :! ";,.,, I ""1 .~ ,.1 ..: ", ",.- "', ......l'\.:-;,,,.,...I ORDINANCE NO. 14 (Series 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING FINAL APPROVAL OF THE ASPEN'MEADOWS SPECIALLY PLANNED AREA (SPA) FINAL DEVELOPMENT PLAN, SUBDIVISION APPROVAL, REZONING AND ZONING MAP AMENDMENTS, RESIDENTIAL GROWTH MANAGEMENT ALLOT- . MENT, EXCESS GROWTH MANAGEMENT ALLOTMENT, GROWTH MANAGEMENT EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES, CONDOMINIUMIZATION, AND VESTING OF DEVELOPMENT RIGHTS. I .! i i . WHEREAS, that real property commonly known and :t'eferred to as the "A!?petl MeadOWS" has previOUSly been designated a specially planned area (SPA) on the .City of Aspen Official Zone District Mapr and WHEREAS, a master plan for the Aspen Meadows was adopted as a component of the Aspen Area Comprehensive plan in september, ,> 1990; and WHEREAS, the city has received a comprehensive development plan for the Aspen Meadows known as the Aspen Meadows Final specially Planned Area (SPA) Development Plan SUbmission (hereinafter the "Plan"); and WHEREAS, on December 20, 1990, after review and approval and upon rec01l\1l\endation of the Planning Department and the Aspen planning and. Zoning c01l\1l\ission, the plan received conceptual approval, subject to conditions, by .the city council pursuant to the procedure set forth at Section 24-6-205(A) (8) (b) of the Municipal code; and ".! WHEREAS, Savanah Limited Partnership, in conjunction with the Aspen Institute for Humanistic studies (the "Institute"), the Music Associates of Aspen ("MAA"), and ti,e Aspen Center for ...,,.-' ',I , " ~ . ~ I'K ". . . '''''.' .' .... ~i '.';. .:' T ' " L .' a ~ 1'.- , I II " , i , .~ , > t - ~ \~ " ., , ~ .. :-1 \", ~, t I ., 0;: ~. ,,, \\~ '~'. .,...... .~" 37/t7t)3 ". '- .... r'\ r') I\.....f.,' I' n:I' IY" ,~II~i'I,'1 l~;': 1"'11'(1 ' 'Ii \ Physics ("Physics") " hereinafter jointly known as the "Developel'", submitted an application for a residential Growth Management Quota system allotment as a component of the Plan on February 15, 1991; and WHE~EAS; on March 4, 1991, the Developer submitted to the planning Department a proposed final SPA development' plan for the Aspen Meadows incorporating requests for subdivision approval, text ameridments to the municipal land use code, requests for rezonin~ and zoning map amendments" growth management exemption for essential public,facilities, conditional use ~pprovals for attached affordable housing units, and special review approval for parking in an academic (A), zone district; and WHEREAS, the Developer's proposed final SPA development plan has been subjected to review and comments by the Engineering, water, Parks, and Environmental Health Departments for the city of Aspen, as well as review and comments by the Fire Marshal, , sanitation District and Aspen/pitkin county Housing Authority; and WHEREAS, the Aspen Planning and zoning Commission has reviewed the Developer'S development plan in accordance with those procedures set forth at section 24~6-205(A) (8) (c) of the Municipal Code and did conduct public hearings thereon on April 2, 9 and 16, 1991; and WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, the review undertaken and comments of 2 .,,; ...~". ~,:" t '", , ... ., . '. , :r" " ~~ , . r ,.' " , ;., , \ ~: - ;~ 1\1 j, , . :~ .' , " \,.; , :~ "f" ~.., ..~;?:;~: ':,.,'; :-~, 3'{l.t793 ",f ::'/.1 () . ... " - l'''''' 1.~~ 1(<' P-'''B 1 :~; ,,7191 ::.;l/l/q,'l. 1"': 1 ':)1' I .loCi .;, . ,t.... -' 'J, the Plan as provided by the Historic Preserv".tion committee relevant to design, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 8 of Article 7 ($pecially Planned Area), Division 10 of Ar~icle 7 (Subdivision), Divisions 2,3 and 4 of Article 7 (permitted, Conditional and Special Review Uses, respectively), Division 11 o,f Article 7 (Text Amendments and zoning Map Amendments), and Article 8 '(Growth llanagement Quota System), the Planning and , l , tial component of the Plan, consisting of fourteen (14) u~its, at , . IWllll f r ~ t'~ 111 I; t': I , . J '.J r-l I .', .~, '., zoning commission has recommended final approval of the Plan,' " ' SUbject,to conditions, to the city Council; and WHEREAS, pursuant to the Growth Management Quota syst'am the Planning and Zoning commission evaluated and scored the residen- /} 33.85 points, thus, meeting minimum development apprcval threshold and, additionally, awarded the Plan 1.93 bonus points as allowed under section 24-8-l06(E) (6) of the Municipal code, thus, giving the plan a total GMQS score of 35.78 points; and WHEREAS, the planning and zoning commission further granted conditional use approvals for four affordable housing units associated with the residential component of the Plan and special review approval for parking in an academic (A) zone Jistrict; and WHEREAS, on April 16, 1991, the planning and zoning Commis- sion, after public hearing, incorporated its approvals, condi- tional approvals, and recommendations into Resolution No. 91-10 3 \~ . ~ 7t.1 W' .. '.., ~, . .,- '. ,'i , \ ~ ) -.I'!JI,..,.I \ I II "'Illij '" ,~ ' We .,'f!ii,J.!m:,' '>3::'" ',( ~~.r , ' '~~~. ~'viiJZ]i:' ;....-LII'IYII8~}'j"",'.'~' ~ : ;; ~ ~ 1'~ l'~, ... .. . 'i~>> ., " 37L.7")3 n .70,' P 1.\1', ~"';)/2~~?)/I)ll 1~?1'; [1)(." PO It (.)1" ,:~fl and forwarded same to city council in accordance with section 24- 6-205(Al (8) (c) of the MunicipaJ Code; and WHEREAS, the city council finds that the public int~rest would not be'served by affording phased GMQS development allot- ments under,the plan and that an excess GMQS development allot- m9nt ~m perm~tt0d by section 24-8-103(5) of the Municipal Code ie desir~ble and ~arranted~ and " .';,-. , WHEREAS" the city council has reviewed and considered the Plan under the,3pplicabl~ provisions of the Municipal Code as identified herein, h~s: reviewed and considered those recommenda- tions and approvals as granted by the planning and zoning Com- mission and the Historic preservation committee, and has taken and considered public comment at public hearing; and WHEREAS, the city council finds that the plan meets or exceeds all appli.cable development standards and taat approval of the Plan, wi~h conditions, is consistent with the goals and elmnellts of the l.spen Area comprehensive, plan and the Aspen Meadows Master Plan; and WHEREAS, the City council finds that this Ordinance furthers and is necessary for public health, safety and welfare. NOW, ~HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: section 1 pursuant to section 24-7-804B of the Municipal Code, and subject to those conditions of approval as specified herein~fter, 4 ...,.,,'/ ,',:' .;' , 't .' ~.~ ~,'.. )~ .:J..; . .. '{... ~f:"t }o (';:,:.' r ' .. ~ I , i , ~ Ip: [. 1 , I, h. I' ...,. ~~:~ ,:,... . .' . ~ .',' (:. "1 ~-, ..,..... .,."-.. ;' ,; " 37/,792: " \~ri "Qt ,;U\ ..~,,,,.._~,,. -. ~..~ '-""" . ~,-_. --,--_. -."'-.-" ~ r1 8''''.('i:2 r:'''8,15 W)/:~l()/C)lt U?!;j()(J r'u ~:I UF c::n the city council finds as follows in regard to the Plan's spe- cially planned area developinent component: The Developer's final 'plan submission is complete and sufficient to afford review and evaluation for approv- al. 2. The Plan is compatible and enhances the mix of devel- opment in the immediate vicinity ~fthe Aspen Meadows and the proposed land uses as approved hereinbelow are 'deemed to be appropriate and allowable in their under- lying zone districts as authorized ~y an SPA overlay. 'j. "The 1'1an incorporates and provides sufficient public facilities and roads for the requested development, and provides significant open space, trails and pUblic amenities tor t:hlll rOllidClnts and until ot the dr/.velop. mont. ' 1. " 4. The Aspen Meadows is generally suitable ,for the' requested development in terms of topography and the plan creatively employs land planning techniques to preserve view planes and ,avoid adverse environmental impacts. 5. The plan will not require the expenditure of excessive public funqs in order to provide public facilities for the development or its surrounding neighborhoods. 6. The Plan is' consistent with the Aspen Area comprehen- ' sive Plen and the Aspen Meadows Master Plan. 7. The Plan demonstrates good and sufficient cause to remove the SPA designation for that portion of the Aspen MeadoWs property that is to be conveyed to the city and to adjust the current SPA boundary accord- ingly. Section 2 Pursuant to the findings,as set forth in section 1 above, the city council grants final SPA development plan approval for the Plan subject to the following conditions: 1. A detailed construction timeline incorporatin~ a specific construction schedule for the installdtion of 5 .- . ,~ l~"'''' -- . '. , ... -, .....:, . 'J '....; :,'~ . .' .' ! ..~: " ,'2. ;: :",':;'" " ," t i~ . i 'J .. ,-:. , IJ , t t.~ ';. ;',' ~ ! { 7>' , .~ :-1 c f~ .:- ~' t. f' '" 'k, .,.' '1.... .'t,~ ' '\~. . \f~" f.... , 3'j"~ 79 :,~: , ,,"';I " f) n ()~.. 2:6 n..lr,~:' p,.,.~\ 1 i.1 l,~\)/.~:~~/C)t. 11/1: l("jn F'D.6 , the new Meadows Road shall be submitt~d to and approved . by the planning and Public Works Departments prior to "staff approval of the final plat. Upon completion of the new Meadows Road, all construction traffic associ- ated with the development shall use and be rerouted to the new Meadows Road. 2. The appli.cant $hall provide 97 parking spaces at the West Meadows facilities pending construction of the West Meadows parking structure., 3. The Developer shall conduct a review and provide a written report of the development's traffic mitigation , plan to the planning Director on the anniversary date of the final passage of this ordinance in years 1992, 1994, 1996, 1998 and 2000, and shall continue to ,con- duct and provide such reviews and reports every two (2) years thereafter unlesS deemed unnecessary by the city council. Such report shall include, but 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 desti- nations arising from the use of the Aspen Meadows facilities. The review and report shall also incorpo- rate data and information from the Roaring Fork Transit Authority (RFTA) illustrating its service to the Aspen MeadOWS 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. 4. The shuttle van system,as incorporated into the devel- opment's traffic mitigation plan shall be operated by that company or entity operating the lodge facility. 5. Delivery vehicles and delivery routes serving the restaurant facilities shall be limited to those hours of delivery and routes as delineated in the develOp- ment's traffic mitigation plan, except when severe weather or circumst~nces beyond the control of the lodge/restaurant operator require a 'deviation there- from. The restaurant/l~dge operator shall insure and enforce the delivery hours and routes by contractual obligatl=~ with its goods and services providers. The thirteen foot (13') service access/emergency loop drive serving the chalets shall be constructed with an 6. 6 . , (,\ I" I' ", I, ~ . ., , '. ',' " ...' ';. " ,r , ~ ." , j:~, " .. " f ~ I, . il ~ 1 . :- t \!: ! " ~ ~~ , .';" ~:~. ,'L "';-.. 37'.793 -, " I .....I~" '1} .../ \~~~-""U ,.'" ,l~'tff"rfio~l~ " "1ft; . ~~,N.o:.~}U.l" --.."...:;,. .', .-...----.-.".--... :.. t""; () n""'76i:: FI.-017 09/30/C)/~ 10; tl)n ~"G "7 1.11' ,::n all weather surface adequate to support fire-fighting apparatus. Such access/emergency loop drive(s) shall be plowed, cleared and maintained to 13' widths at all times of the year and particularly during the winter months. ') 7. All buildings to be served and accessed from the 13' access/emergency loop driveshaU have interior sprin- kling fire protection/suppression systems as approved by the Fire Marshal and suchsystem(s) must be approved prior to the issuance of a building permit. a. specific fire hydrant locations for 'the development ,:shall be established and approved in cooperation with , the Fire Marshal prior to the issuance of a building permit. 9. A detailed tree removal and replacem,-nt plan shall I,e submitted, to and approved by the city Parks Department prior to staff approval of the final;?lat. Such plan shall indicate all trees to be 'moved or removed, their size, location, species, and timu of planting, trans- planting, or removal., All tree replacement shall be on a one-to-one caliper inch basis with minimum size at 1 1/2" calipar. 10. The final plat shall depict all trails dedicated or conveyed to public use and all easements linking off- site trails to the development'strail system. The final plat shall particularly note (1) an easement for a trail link from the racetrack, and (2) the trail between the tennis townhouses and restaurant as depict- ed' on the Master Plan. 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 the preservation of existing topography. As-built easements shall be executed and conveyed after trail constl-uction. ' 11. There shall be no interconnection of non-treated water systems to potable water systems. 12. pursuant to Section 23-53(g) of the Municipal Code, the Developer shall convey all rights, titles, easements and interests to the si Johnson Ditch and water right, water wells and appurtenant water rights on the Aspen MeadOWS property to the city. The city shall, in 7 . '.~:p"~ /' I" ,. " ... . .. , , . 'J ','':' .' .' .' .- f. (. ., J' ~J t , ;~ , .J ,-I , , " ~1 ".., :t. ,.,' ./. f,. 374'7c)3 . . .. ' ~ ",/ r'\ ,~ 'f D ,'7G2 p.elS 00/30/S4 J0:10A PG B Dr: I::':(~ "exchange, lease back to Developer, or lots successor(s) in interest, raw water from those sources for irriga- tion use within the development in an amount equal to that amount of water reasonably necessary for the effi~ient irrigation of the lands historically irrigat- ed, not to exceed'the ,amount of water conveyed to the city by the Developer. Developer shall pay to the City its pro rata share of operation, maintenance, and repair costs, plUS one Hundred, Dollars ($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 municipalpu=poses. 13. . 'The Developer shall install at its own cost a water ,distribution system for the development meeting no less , than the minimum design, engineering, materials and construction standards of the city for domestic munici- pal and fire,ptotection purposes and shall convey same to the city upon completion, inspection and acceptance by the city. Developer shall also convey to the city a perpetual twenty foot (20') as-built easement extending ten feet, (10') from each side of the centerline of all newly constructed water lines, and a construction easement extending an additional five feet (5') on each side of the centerline, along with a similar twenty foot (20') easement and construction easement f~r the future installation of a connector main to the existing city water main in Black Birch Drive. 14. Drainage design for the development shall not inten- tionallY direct, run-off into irrigation ditches or ponds. 15. All residential units shall comply with fireplace regulations as contained in the Municipal Code and enforced by the Environmental He~lth Department. No building permits shall be i~sued for residential units absent compliance with firepla<.:e regUlations. ,All disputes concerning the application or interpretation of fireplace regulations to the development shall be subject to review and determination by the Clean Air Board. 16. 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 and approved by the city Engineer so as to insure against or minimize run-off into Castle Creek and the Roaring Fork River. 8 ~':. I.., '. '1.. ., . ,. , 'J",;. ;: .~, ;.;. " .. r' r \\ ; l , ~J , . , , ',~ .. , , .;, , ~ :-1 '. , J,. ~l olo': :r;, ,..1.' .. ." .37lt793 .i..' <'l' e ..../. \ii,"~~ .' . " W.ll."~<Al'l&i " '~...u~;t: A, ~ ". ~~~:G" ~~,~,' :U~~'1:~;!'.a.~"': , ~..~ "'4JQ " ;;p (i :.\. .t.~ " 1... . " 1.\. 76i:~ 0g/:~~~I/~):i 1(': l'J() 1:113 (~ ur (,~n , '..f"; ,,' 1'..../110 " 17. Prior to the issuance of a building permit for each component of the project, a fugitive dust control plan for that component must be submitted to and approved by the Environmental Health Department and such state agencies as having jurisdiction over same. 18. A fugitive dust ~lan must be submitted and approved by the'Environmental Health Department for the MAAparking lot prior to issuance of a building permit for the MAA rehearsal hcility. 19. All energy conservation and efficiency measures as represented by the Developer in its GMQS application regarding insulation, glazing, solar orientation, HVAC, and plumbing fixtures shall be incorporated into all residential units and the design(s) for same 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 condo- minium declarations. '.:' ~r ! ~;: I' i b r. t . ~J , :~ , , c' ,~, 20. Non-residential construction and facilities shall utilize state-of-the-art energy conservation and effi- ciency measures as represented by the Developer. Accordingly, -detailed plans submitted for building permits for the lodge structures and the MAA rehearsal hall must be accompanied by the energy information provided to staff in the Appropriate Technologies Associates' letter of May 3, 1991, and the MAA/Rehears- al Hall Energy conservation Description document sub- mitted to Planning staff on May 20, 1991. The engi- neered thermal envelope calculation will be verified by the Building Department according to the Model Energy Code. , .J :-1 21. The Developer shall pay to the City an affordable housing mitigation impact fee for 16.69 low income employees associated with ten new residential units, seven on Lot 6 and three 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 a building permit for'any residential construction and shall be paid in amounts reflecting and corresponding to the number of residen- tial units sought to be permitted at any given time (1.66 per unit). .. ; '.~. t.. t (, i: , " ! 9 . t. ';., - ::'.; ~\ ~;P \ '. :.~7'17~)3 ~ / -.' " "."" ~ I""'; o t]F ;;:13 D-.7G~~; r',..(l~,0 1:~"'/:;;1~/9'" 1\~: l',n pc; lV.' Developer shall construct replacement and/or additional fox dens in a manner and at locatiuns to be selected in the field by the city, in consultation with the Direc. tor of the Aspen Center for Environmental studies, prior to the issuance of any building permits for development under the Plan, or any other demolition or construction within the development area, to 'wit, the Aspen Meadows. Revegetation 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 3/21/91, which letter is incorporated herein ,as' if fully set forth. All, revegetation shall be "; inspecte':J, and monitored by the City t.o ensure that revegetation efforts and the pro~ection of same are ..'successful. ' 24.' New manicured lawn areas shall be minimized to the ;maximum extent possible, except in those areas adjacent "to the Music Tent, and such areas must be depicted and ;;!lpproved on .the final plat. 22. 23. 25. prior to excavation, temporary construction barricades and or fencing shall be erected within five feet cf the building envelopes of the tennis townbomes and trustee townhomes to prevent damage from falling debris to the slope bordering same unlesS unstable soils dictate alternative locations mutually agreed upon by the owner, the Building Department and the Planning Office. Prior to issuance of building permits for individual buildings, 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 con- struction process. 26. Financial assurances in amounts and in forms acceptable to Developer and city shall be provided by Developer 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 th~. parking facility. That portion of th~ above-referenced financial assurances reasonably found by the Public Works Director to be related to the work for which a permit is sought must be in place prior to issuance of that building permit. 10 . ..' .,. " .' .. < " .. . 0'. '* '" .. .1 .' . ....~:, .':: ..' . ~ :7 , . 4.... ..'Ie .' :': ,;1 ::1 .. '/ f' ~ J , ~~ ;.: , .J :-1 ~;, \: .~. '.' I ~, i i , ~1 t ,~._:., -"":~~ 37,,,7'12: -..., ,.', , _/ ",>, '0<, '... ,.!;r"J.Af,,,;t~'1:&: ., , ..........~t /"""" t, '.....~. .~~'~'Ijft'-"ff"''')~' ...t; ~ r') .' .: !.:' I", ". '..... ~',..d.~,',:l/..,. ......4 tpf."'" J> B'~.7f.,.:: r'.m:'! \/)/3~'/'l1, 10: t'ln 1"('; 11 OF' a, 27. The following language shall be included in the SPA/Subdivision Agreement: "Any SPA or Master Plan amendment or future development applicati~")s submitted by any non-profit user of the Meadows property (Lots 1, 2, and 3) shall, De appli.ed for jointly by al!L non- profit property owners. This shall supersede prior requirements requiring SPA submittal approval by all property owners. .similarly any SJ'A AllIendment proposed to be submitted by any residential owner or association thereof shall require, in addition to the consent of the association of owners of the residential component involved, the approval of the 'resident'non-profits of ",it,hEl SPA." 28. Publio pedestrianaooess, ~xoludinq aooess to build- ,.ings" will oontinue to be allowed at reasonable hours :throughout the entire academic (A), open space (OS), ',and wildlife preser.vation (WP) ~one dir;ltrict areas of ,the Aspen Meadows development, subject to reasonable , regUlations as established by the owners thereof in order to protect their property, as well as the aoadem- io privaoy and serenity of the campus, its proqrams and the health and safety of other users and visitors. Tha !~ parking lot sh&11 be plowed and kept olear of sr.ow during all wintert',ime performanoes or funotions at MAA facilities. ' 29. 30. Pursuant to Section 24-7-804(0) (4) of the Municipal Code, the final plat, which shall, at a minimum, con- sist of final drawings depicting the site plan, land- scape plan, utility plan and building elevations, and a speoiallY planned area (SPA) agreement, shall be re- corded in the offioe of the Pitkin County Clerk and Reoorder and shall be bindin~ upon the property owners subject to the development plan, their sucoessors and assigns, and shall oonstitute the development regula- tions for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan, and in this ordinance and the SPA agree~ent. Failure on the part of the Developer to record the final development plan, plat, and SPA agree- , ment within a periOd of 180 days following the adoption date of this O~Jinance shall render the development plan and plat in valid. If the 180 days lapse, recon- sideration of the final development plan, plat and SPA agreement by the Planning and zoning commission and 11 ., , " , '.~; ;-',;. .r f. " " !: , , .. , , r' j' l- I P ( , ~ ~ ... ~ \,~ ~; , ~ . ,..I " , L\ ',' i.. t.,,1 ~~:.' )~. , v.... , ,t.,<I: , i f ~ , to /"'-... ".f'", ~~ ~ 'l.~...\..':tl!". ,0- '. .\:~:ttf", "'j' , t""\ ' . "", " "'~'~~,.~l~ ......\:'~' ~;iI~r~,""., ',,"~:,~~tl , ......t~ "~'~\o.o ~~ f" . ';:' :': ~' 'II:'}~ , " ... . 371> 792; B"7f.~~ P-'B2~:~ 0q/30/9~ 10:190 PG 12 or 28 ." " ..... ", J" '; -,' ',' " city council will be required before 'its acceptance and recording. section 3 , ("+' '/..';~ ! ,~.. :.,... ....f:.. ,. .,,' ,{ ~1 , f;c pu,rsuant to and by reason o,f the findings and conditions of approval as set forth above in sections l,and 2,specially planned area (SPA) designation for the portion of the Aspen Meadows property to be conveyed to the city is hereby removed and thed ty' s" 6ffiCial Zone District Map shall be amended to reflect ~ .. ~ such removal. 1, , . section 4. pursuant to section 24-7-l004C of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the city council finds as follows in regard to the Plan's subdi- vision development component: 1. l~e proposed subdivision is consistent with both the Aspen Area Comprehensive Plan and AspenMead~ ows Master Plan and is, furthermore, consistent with the character of existing land, uses in the adjoining areas. 2. The proposed subdivision will not adversely affect the future development of surrounding areas and will be in substantial compliance with all re- quirements of Chapter 24 of the Municipal Code. 3. The proposed subdivision 'is compatible and,9uit- able with the topography of the area and will not present or create a threat to the health, safety 0',' welfare of the residents or neighbors of the subdivision. ' 4. The proposed subdivision does not create spatial. patterns that cause inefficiencies, duplication or premature extension of public facilities or unnec- essary publi.c costs. 0" :. ~;., r~",;' '~:. ~~,;;., ' ~f" . . F.",,',~' .' ' ~. . .~ ~ 1'1 '" " , 1 .. [-I '" ~~ r" :..' l' f' ~- _~I 12 ,,'..~~ ~":' ~ .j I ,[ I ,', I < ~ , .~ ~ ~ 1"""\ ~ " , ~~': ~ I., ;'" ~. 374793 8-762 P-B23 09/J0/9~ 10:19A PC 13 OF 20 'J , " ,I ,-' ' ." , , , , .' 5. The proposed new Meadows Road has the primary function of providing access to abutting property and will not carry through traffic, thus, warranting its designation as "local street". . r'~' ""," .~'!. ;. ,..... ;..~. ; .' . :, ,> ~;\ ,. J. " '" section 5 pursuant'to the findings as set forth in Section 4 above, the city council grants, final subdivision approval for the plan subject to the fOllowing conditions: ", 1. The new Meadows Road shall be' dedicated as a pub- lic street from its intersection with Seventh street and North Street to the south boundary of Lot 6.Righ~~of-way width, grades and intersection design shall be 'subject to inspection and approval' by the City Engineer prior to staff approval of the final plat. ~ .. ~ .",'.l' , ., I ':';' 0;" , ..., 2. Irrevocable legal access to the new Meadows Road must be provided where necessary to all existing and future properties abutting that portion of the old Meadows Road that may be vacated and all ease- ments for ~uch access ,shall be depicted on the final plat. 'I _,f , 3. All property exchanges between the Savanah Limited Partnership, the Institute, the MAA, and Physics, shall be effectuated simultaneously with the re- cording of the final plat. All sanitary sewer improvements as i.nstalled in the development area shall be inspected and ap- proved to the satisfaction of the Aspen Sanitation District. " r 1.:" . :..1 4. 5. complete and detailed utility plans, i.e., elec- ,tric, gas, cable T.V., and telephone, shall be provided to and approved by the Planning Director and city Engineer at or prior to submission for recording of the final plat. Additionally, all utilities shall approve utility design and loca- tion prior to staff approval of the subdivision agreement and final plat. " ~, fl I,. ;:\ \.' -,", "~'" . 13 r ~ , \;~~:"il ~ ~,<,,' ,o"",iliI' 'F" ..~~ '!::.~-,;jE.~ I'l ~ ".tt~'-_ .",..,~.-;'f" :.'"".'~~.'IlIJP.J11 () .tt"l.~"':, ...~} M.:IJ , " .... t', ,. 374793 B-7~E: r:)...m~/t 09/30/94 10:lqR PO 14 rJI" ,?B " . 'J" t;. '.' , < 6. The final plat shali accurately reflect all under- ground utility installations, particularly those along roadways, trailways and cultivated landscap- ed areas. "('2. .. ,- ,r ~, . . t '," . , . ' 7. 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 destruc- 'ticin from construction activities and machinery. All utility location corridors shall be inspected and approved by the city Engineer and Planning , Director,prior to the issuance of any excavation permit. ' 8. Vegetation replacement necessitated by utility installation shall utilize the same plant species as the species of vegetation disturbed or damaged. l . ~: , IJ , 9. All ditches, swales, intermediary ponds and detention areas shall be subject to appropriate easements for access and maintenance purposes and be depicted on the final plat. 10. The Developer shall provide a digitized copy of the subdivision plat prior to recordation of the mylar copies. 11. Trench boX construction methods shall be utilized for utility installations w~enever possible so as to minimize site disturbance. 12. The Castle Creek sanitary trunkline shallae lined unless deemed otherwise by the Aspen Sanitation District. If sections of the trunkline must be replaced, such replacement locations shall be identified to the city Engineer and Planning De- partment and the least disruptive methods shall be identified and employed. \~ ~ , ~ .. ,..I ~', :. .. " 13. Detailed design drawings for the new MeadOWS Road and Seventh street and Eighth street intersections shall be provided to and approved by the city Engineer prior to staff approval of the final plat. All design drawings 14 ~1 ;; , "~" .... ,""" , ". i ,". ! : , , ! '\" ~.;'> 374793 /-, "'", ".J ~ I.~ . ~t~~t >I.~""~"":' ..' ....~.' . ~'N"" ' '~"'11~""'. ,''',' .,'..,~. ','" 'C' 11<",' ""~,' , 'I~ ".", IJ,.'.....~. I;:' ~;f)tl\;' ,"', " ...,j , .~, '~" , .' ., '~ . G~ : .: :'. 9.,7&2 ~'B25 0q/30/~~ 10:19A ~~ 1~ OF 20 " . . . , " . '...~ " shall be prepared by a professional engineer registered in the state of Colorado. 14. The speed limit for the new Me~dows Road shall be reduced to a speed below thirty (30) m'les per hour as ,determined by thp. city Engineer.. ' 15. The existing ,old MeadowS Road shall be converted to a pedestrian trial/bikeway with ownership thereto to ,:remain in the city. 'r.,. :~ J ,.' i t I l ~: 16. ':,p"rsuant to section 24-7-1005E of the Municipal Code, 0~he final subdivision plat and 'subdivision agreement "shall be recorded in the office of the pitkin county Clerk and Recorder within lBO days following the adop- t'ion 'd~te of this Ordinance. Failure to record the , final plat and subdivision agreement within the 180 day time pel:iod shall render the subdivision approvals ~ranted herein inva1J.d. If the 180 days lapse, recon- sideration of the subdivision and subdivision agreement bi the rlanninq and zoning commission and city council will be required before acceptance and recording. section, 6 pursuant to section 24-8-106 of the Municipal Code, the city Council finds as follows in regard to the Plan'S residential ".," ,~ ", 1 ' ., , ~ . :..1 Growth Management Quota system allotment component: 1. The Planning and zoning commission has forwarded to city council a residential development total score of 35.78 for the residential component of the plan, such score exceeding the minimum scoring threshold. ' ? ~. 2. The residential development component of the Plan was the only development project submitted to the Planning and zoning commission for 1990 residen- tial GMQS allotments. The GMQS residential scoring considered and reflected the wai"er of the six-month minimum lease requirement as set forth in the applicable condominiumization regulations. ~, , 3. t 15 I '1 ~ ~~:~';.., ~.j,1< :t l>~:, :~". ~'~ ~ ,'" ""H'~' . . ...~' . - "..iJJil .r I""'l ,:"'\ ''t~f:'. ~~41iU':." -. (') ,., " -...r4ii......"ll_ ;':~~ . ,. "7 374793 P.-7E-c: p.-a"" 0'l/3'~/'}/t 10:1<)(4 PG 1(, or: 2S "'-'./" A multi-year or phased development allotment would not serve the best interests of the plan or the general public. section 24-8-103B of the Municipal Code permits the awarding of development allotments in e~cess of the maltimum allotment level in any given year. The plan as presented by the Developer warrants an eltcess development allotment and tne' Planning , Office has indicated eltcesS dnvelovment: allotments are ava,ilable. 7 .'?' No challenges to the planning and zoning Commis- sion's scoring or ranking of the Plan's residen- tial development component have been submitted as permitted by section 24-8-1061 of the Municipal , code. 4. , , , \ 5. 6. '"~ section 1. pursuant to the findings as set forth in section 6 above and in accordance with section 24-8-106J of the Municipal code, the city Council awards and grants the Developer silt (6) residential development allotments from the GMQS allotment pool for 1990, and eight (8) eltcess residential development allotments to be off-set in future years in accordance with Section 24-8-103B of the Municipal Code. In accordance with Section 24-8-108 (A) (1) of the Municipal code, Developer, or. its successor in interest, shall be eligible for eltemption from the eltpiration of the GMQS allotments for residential Lots 7, 8, 9 and 10 herein awarded upon proper demonstration that those conditions of final approval and the public improvements associated with Lots 7, a, 9 and 10 have been satisfactorily completed. '....'''I'J ~ 16 / . ...,.t..;...~:a~ ".' J" '. .. " I . ~'l~ .c~r ' .~ .... ". . " .; . , .~~,.< >;~j -," ",. ~ .4,.' , ' ;~ ': ',~,f:'\t.. . ~,~... "1f" .'i.;. 'C..:;.....:.. . ......::.~;. \~ ~ " il ;;! ": , '-: . '.I ~~ ~ fl I, , t .' Ii 1i;, ,!';' ~~" , ,.,;" " ,.,; . ~'., ',,;::;<:a+r'\i:idls;,', '~, ~',J.' ;. ':.";"'::"N:'..i"';';':";""'~ ~ ,I'" ~,Il{~'~~:' ,Willf'~!,~l*i,"r M '. ':r"""'\~~>>. ,., '., 1:~.i"T;i.'" .. 'j;' " . , .,.~. .. ' ~'v . ~.' . >::,:.,,~ ~F~ .",". ,,,,..',",', ,'\ 1~,I'J:;~',.'.,>"~'; ~~<!.':{~!,,""'. . ';\f,~ " ,..l~.\ ...-: .., .... f, '_ ~9130/94 10:19A PG 17 OF 28 " ".' I' ."J . '.';' 3747<)3 B-7&2 P'-B2'/ " "',- section B , ~ ," f'~"+ ~;:;f" \'. . .." -;. ." . ~ >:... .. ,'.' pursuant to section 24-B-104(C) (1) (b), as amended per Ordinance N6i013, (series'of 1991), of the Municipal code: the , I - city council"i'finds as follows in regard to the Developer's request for Growth Management Quota system development exemption for essentiaipUblic facilities: 1.". The Institute's proposed development of new lodge units, expansion of the existing health club, expansion of the restaurant, and expansion of the tennis shop, including r.'st rooms, is essential for the revitalization of the Aspen Meadows prop- erty. .......1 2. The MAA's proposed expansion of the Music Tent, the addition of a year-round rehearsal/performance hall, and expansion of the Music Tent gift shop, is essential for the revitalization of the Aspen Meadows property. The programs and activities sponsored and or host- ed by the Institute and the MAA at the Aspen Meadows facilities have historically provided intellectual and cultural enrichment to the citi- zens of the city of Aspen without which the city would not have attained its present character and standing in ,the national and international commu- nity. Furthermore, the Aspen Meadows facilities, and those of the Institute and MAA in particular, have served and continue to serve important commu- nity needs and proposed expansions of same will only enhance their value and accessibility to the citizens of the city ,of Aspen and the general public. 3. 4. The Institute's and MAA's proposed development involves essential public facilities, will enhance existing essential public facilities, and, is not- for-profit in nature. J 17 . +" ~., i j' r-. I \, ll' . ;'i' 11: .~~,_:\ 3747g3 'o.j;'.:'" , 1",,1 , i~~G;~~~:, :;f@ ~~;: , ~.i: ,1'1:': ~A :"1 "1 i I I , I I ,I 't i I , , " ~ ~ I .,_,4 ,~ t 1""'\ 8-7&2 P-828 l~<)/,,,I1I/'llj 10:1'lA PI> ltO OF 28 ~ section 9 Pursuant to Section 24-e-104(C) (1) (b), as amended per ordinance No. 13 (Series of 1991); of the Municipal Code, and the f!.ndings as set forth in section e above, the city counc;il awards and grants Gro..th Management Quota systeln development ,exempd.ons h'om competition and affordable housing impact mitigation for the following Plan development on the basis that such developml~nt is for essential' public facilities: , ,.".,.,...,' . '~"C, "\ 1. Fifty'(50) new ,lodge units of 42,410,square feet, '(Aspen Institute) . , 2. Healt.h club expansion of 1,800 squa.re feet; (Aspen Institute). 3. Restllurant expansion of 2,000 square feet, (ASpen Institute). 4. Tennis shop expansion, including rest rooms, of 980 square feet, (Aspen Institute). 5. Music ~ent, backstage expansion of 1,500 square feet, (MU). 6. The new rehearsal/performance hall of 11,000 square feet, (MU). 7. Music Tent gift shop expansion of 100 square feet, (MAA) . Section 10 Pursuant to section 24-7~11.02 of the Municipal Code, the City council'finds as folloWS in regard to the zoning map amend- ments component of the Plan: 1. The propoeed zoning amendments as, sel: forth .in the Plan are not in conflict with the provisions IJf chapter 24 of the Municipal ,Code, the Aspen A'rea le ,', ri'"l! .(~, II. '\.. 1....':- .,1", ..' . .~;" I ~ ,.~ : ~~ .' ; ",. , . " . . . ~('., ' ':'.' ~t~' ." J i ..~ '-.. '~ , ': , !i :..1 ,:-C it " '~ .', .... \ .~. r. \ , \ ~'l' ~" ',. l:~ ,,~l. .;.," ~ ..,:, ,', ~T~:; :~".f~' .;.,.. "I tt~, <4'" ~/ I,@ I I I,,,,, '''''.;: " > I I , , l ~ .~' f""'1, '" ,. "c, 3747~3 B-762 P-82') 09/30/94 10: 19H ~'r, 1~ Of" 28 comprehensive Plan or the Aspen Meadows Master Plan. 2. The proposed zoning amendments are compatible with surrounding zone districts and land uses. The proposed zoning amendments will not adversely impact traffic generation or road 'safety when taken into consideration with the other aspects of the Plan.' 3. 4. The proposed zoning amendments will not adversely impact demand for public facilities or services nor adversely affect the environment. The proposed zoning amendments will promote the pub,lic interest and character of the City of As- pen. section ..11 5. " Pursuant to Sections 24-7-1102 and 24-7~1103, and Division 2 of Article 50f Chapter 24, as amended per Ordinance No. 13 (Series of 1991), of the Municipal Code, ,and the findings set forth in section 10 above, the City Council does grant the following amendments to the Official Zone District Map and dOes designat~! the 1:ollowing zone districts for the development subject to the conditions as specified below: 1. R-MF (Residential MUlti-Family) shall be applied to Lots' 5 and 6 (townhomes). 2. R-15 (MOderate-Density Residential) shall be ap- plied to Lots 7, 8, 9 and 10 (single family lots). 3. WP (Wildlife Preservation) shall be applied to the 25 acres, more or less, of land conveyed to the City of Aspen (Lot 4)and to the racetrack area of the Aspen Meadows property as depicted in the final SPA development plan submittal. 19 / ..* " '. , , t.i~ .(~~ t~ ... . -,." - ","'1" '.';' . ~f'J-' , ), ':'.' ~, . i... ~;~i '4 :b " :} :.0': ~.' "..$ , 1 , ~.I ,.c f, , t: :'Si ~:! ,. ~ ~. "k' .\ r...' . ,'.~ / ;, .. ~: ',,, ~~ .,,~." ,,- . '1Ol!'~ .,.)~€. ~',;.r ,,"~ ~. " '~'~::',:: ..{::." . ~ ~." " . ,':: ~ ..../ ,{t}; \:e.S.. . ',' . 37479.1 ~, "AA,...... ", t:I :i~ ,tiIf!I "" , C"'I'~""~'~'I'''' ',,' ':'1'" '1IlI'~~ . ~~ ',_" Ii: ""/II":_,ll..J'~,""""""";';"~" ", ",wii""' " ""<h .",~" "'"," ...~..~. ;~'~'r"1".'... .~.../~.;:,>' , , I . , t~..,. .1..)- ~: ..... . f,." .. B-'1~,2 1'='-830 :>>',." . ;;. . ~ ~ '--' . .\ "- ~ " ''''' , I .",.",/.,1 09/,30/9', j,0: liJn PG 20 01'=' 28 :/z. . ! Ii". 4. .' ..-,. (\1' . /:'~ ~ :... :~~~' ;'~f' ': ..~ ,"f '~'. " 'f " :i:,\ f OS (Open Space) shall be ,applied to Andersen Park, the Marble Garden, and the Tent Meadew as depicted in the final SPA development plan submittal. A (Academic) shall be applied to Lets l, 2 and 3 within the Aspen Meadews .owned by the Institute, MAA, and Physics, except where ether zene dis- tricts 'have been designated as hereinabeve previd- ed. ' The zening designations as specified in paragraphs 1 threugh 5 abeve are centingent upen the Develep- eX:""p,l;;.oviding precise survey beundaries .of the zone districts prier to staff appreval .of the final plat. ' , ' 7. Pending such time as'the boundaries for the zene districts as described abeve are finalized and accepted, .or ne lenger than six (6) menths, whiCh- ever peried is sherter, ne building permit shall be issued by the Chief Building Official fer any develepment in the Aspen Meadews which weuld be prehibited by the zening districts herein desig- nated and autherized. 5. 6. :} '..' \ Sectien'l2 Pursuant te Sectiens 24-7-804B and 0(2) .of the Municipal Code, the City ceuncil finds as fellews in regard te the Developer'S requests for variations frem sUbdivisien and subdivi- sien imprevement requirements, easement and utility requirements, design standards fer streets and related imprevements, and Zene district dimensienal and minimum lease requirements: l. The preposed variatiens are cempatible with exist-' ing develepment and land uses in the area and surreunding neighberheeds and are net, in c"llflict with the previsiens .or geals .of the Aspen Meadews Mastel:' Plan. 2. The prepesed variations will net adversely impact public facilities .or public safety. ."..-' ~ ~ :/. 20 t. \ ' if' f.. I.. ~ ~~ , ;-',"1 ~: ..~; :~ ~:. ~"'1 {~1 \~ ' l' . '~~l ~ 374793 ---- , , " 1 ..........' '-, '.,.._1 I"'j .. . . 'o(-\~ ..~, ;.:- . .... ~ .'. " . ~.. .:.. .'! "~:"';. ~~j ...... ' '!"., . .~..: ~~ . '.'(~\.r;.' it~'i~';r:': ,~" ,,:~:, .,.'" .-,,,, 't' ,.:.';! ~, ~ ~.. .~' , ~ 8-7&2 P-831 el'l/30/94 10: 19A P8 21 OF 28 ;". section 13 Pursuant to the findings ,as set forth in Section 12 above and in accordance,with section 24-7-804D(2), as amended per Ordinance N~, 13 (Series of 1991), of ' the Municipal Code, the City counciigrants the, following variations from subdivision development standards and zone district dimensional and minimum lease requirements as set forth in the Plan: ~ - 'curbS, gutters and sidewalks need not be provided within the development. 2. Alleys, paved or unpaved, do not need to be pro- vided. ,~ 1. " i'~ ",1 ~ " ? 3. Traffic control signs shall be installed at the intersection of the new Meadows Road and Seventh and Eighth,Streets, but no traffic signals need be :';;,provided. Speed zones shall be signed as deter- :~~,mined by the city Engineer. }dir . 4. ,;" If determined to be necessary by the City Engi- , neer, street lights need only be provided at the intersections of the new Meadows Road and Sevelxh and Eighth Streets. Ornamental street lights are desirable. 5. No street bridges need be provided. culverts to accommodate irrigation ditches and drainage shall be installed. , , . ,-' .. 6. Street right-of-way regarding new Meadows Road shall only be dedicated, at lengths and widths as determined to be ,necessary by the City Engineer. The minimum centerline curve radius for new Meadows Road may be reduced to 65 feet at and or near the intersection of Eighth Street, and right- of-way widths may be reduced to 40 feet. Maximum grade may be increased not to exceed at. All di- mensions shall be spe"lfied and confirmed on the final plat. No street-end dedications need be provided. t:; l~\ 7. , .' 8. l:' I". I , j. ~j ,~, 21 I ,I :i I , 1} 3747i),3 , i , [ , , ; .:.."...., "l"""t .--'" >&"'~ ,-'I)'. ',.'.....tffAt.I~.~,.... :.If. :I.....~ J:"'C-aoh' (""'\, (""'\, '-1 ~-"'t ",'. ;'1,'1,"', .________... E\-7€.\i~ P-B32 09/30/q4 10:1~n PG 22 OF ,2(, 9. ,CUl-de-sac dimensions for Meadows Road may be , increased to a maximum length of 2,000 feet with a turnaround diameter at the administration building of approximately 50 feet. 10. The new road alignment for Meadows Road shall remain "Meadows Road" in nll.me. 11. street trees lining new Mell.dows.Road shall consist of cottonwoods of, 2 inch caliper spaced every 30 feet along the east boundary beginning at the intersection of Eighth street and extending north to the tennis , "''-'' ,.C;,ourts. 12. Fire lane and emergency vehicle'access ease- ments may be reduced in width upon approval of the Fire Marshal. 13. utility easement dimensional and location , requirements on lots other than those associ- ates with the single family lots may be re- duced or modified upon the approval of the City Engineer and easements need not be pro- vided in the absence of actual utility in- stallations. All proposed utility easements should be reflected ,on the final plat. 14. Fire hydrants shall and need only be situated within 350 feet of all structures. 15. The six (6) month minimum lease requirement 'for condominium units as contained at Section 24-7-1007 (A) (1) (b) (1) of the Municipal Code is waived as to the condominium units as depicted in the Plan. 16. A dimensional height variation for the center portion of the Tennis Townhomes is allowed for up to 3 feet. ' 17. A dimensional height variation for the north- ernmost Trustee House is allowed for up to 8 feet. 18. Minimum n-15 zone district lot size per dwelling is reduced to 12,000 square feet for Lots 7, 8, 9 and 10. 22 v r~~..~!ft ;;' '''' ".' . '("1_ ,C l:-'. ~ 0';" ~.". ;'.[.i , .:j" ~:';..' r -, . ~ . ~i, '"h . ~.,~., (:f:: . ;:.:...;"' ~~:'::.if:' ! , ~ . 't. ::;;("; .~j-', ~.~ ..'t"""i:,.J 1" .;:;: ~;l i! ~, .' ;~ '. 'l'" " .~~ i J 'Ii . '. "'e' ~ w ,. ~ L "" I..., ,: ; f:, ,:, " u-:~:~' :!o,J . ~Jt r.,'~1.~) i I I I i <t 1 .:., ';', ,,~ w~ ,e,,\ ,',' ,",-" ,<: , ...... , I , I , ! f t ,; , ~ 374793 ,r" , ..,...... '--., , ~~.J. --"'" \'>'\" '" ;.j/l " J.f\;:'" ~:'~'Q~ ....~~..-..wN' " "_"".. -.--. /'....f:~-~. , ~.r '~'J ,~ . . ~'r; ;.:.:.; '.:~;i: .. ~~; :" :.:i: ~;'~~:~':,.,..<:i~~ -[).",'~ .."'.........-., rt:J t' ,..,t r"'f ~' , ,r: , ' iJ , I"", t"""j 13-7(,2 1"-833 ~9/3(l/9'; 10,19(,) PO 23 OF 28 19. Minimum R-15 zone district side yard setback requirements are reduced to zero (0) feet for the west side of Lot 7 and the east side of Lot 10. 20. Minimum RMF zone district front yard setback,require- ments ~or accessory buildings may be reduced to zero (0) feet for Lots 5 and 6. 21; Minimum RMF zone district open space requirements are waived for Lots 5 and 6 in consideration of the open space otherwise provided in the SPA development plan. section, 14 Pursuant to section 24-7-1007 B of the Municipal Code, the, City Council finds as follo~s in regard to the Plan's,condo- miniumization component:, 1. The 8 existing and, 3 proposed Trustee Houses (Lot 5) and 7 proposed townhomes (Lot 6) to be condominiumized are not presently leased on a long term basis. 2. A variation in the six (6) month minimum lease requirement is warranted and has been authorized pursuant to section 13 above. '," ,.. ~ . : " t.: 3. The proposed condominiumizatJon will not adversely impact the availability of afford- able housing. section 15 i ,: '.J ,-I Pursuant to the findings set forth in section 14 above, and in accordance with section 24-7-1007 of the Municipal Code, the City Council grants and awards condominiumization approval for the Plan as follows, subject to' the conditions as specified herein: );:.' r. ar..' ~ i i' f ~ . ; " 1. For eight (8) existing and three (3) proposed Trustees Houses (Lot 5). ~~ ~.~ .... ll" L 11e l' ~ :;,J'~,~ ~ .',,:. S n ~14" ".<::.:;g , ~;,A;1 ;.:..l;;'.,t"! .j:' >. ,. 23 . ~. , ' ",~.'~ '" i, ; l \' ;. ..~' .'~' ..\~.'.. ~"..,:, .'" ~""'",'" " 'II, ; . ~I.,.. """~. JIIJ;,.- "",.., ~ f ') ":'jIIf""i.r, , .. ~ ,~, :~ti/':~.;f> -; . '- "toll''; . ...1.."'" "" "(' i, ",. ,.,- !,,!,,/ ,:~<"~,-~'''I ',;. .. - . 7~ ;.-. ! ,~; . ~I' P,', ~ .' ~ t'l~ ,(..., .~ , ..., H .;,'~:' ,~,.... .'....~ " ' 37Jj.7f13 B'-762 P-f.l3'. 09/30/9'; 10,19A PG, 2'. OF 2/3 ...--.., , .."' .,. ":;(,;.' .+f'i; '~~~".'~~~iJ (';"i>' 1:' "'<1ft ~,~ .'",' ',''t,,; .,. ',~>: .,.. "/';'.: }~ .}i, ~.:t, ~* .,. '~ .~"'", 2. For seven (7) proposed townhomes (Lot 6). 3. Condominiumization as awarded in this Section is contingent upon the payment of an afford~ able housing impact fee of $64,240.00, which fee shall be paid to the City Finance Direc- tor prior to recordation of as-built condo- 'minium plats and declarations. Section 16 , :" All material representations and commitments made by the Developer' pursuant to the Plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, Historic Preservation Committee and or City Council, are hereby incorporated in such plan development approvals and the same shall ,be complied with as if fully sot forth herein, ~nlesS amended by other specific condi- tions. section 17 '1 The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those zoning and rezonings actions as set forth in Section 11 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. Section 18 Any development or proposed development in the Aspen Meadows not vested in accordance with law prior to the effective date of this Ordinance shall comply with the terms and provisions of the .: ' ,t . ~. '~, .. ~,"~" .~ !l:' \ 1 1.1;,' , . . t. 24 . , "\' .~ ~; ,.~.:ft\...). ~\,., ., '.' ~q'i ',"" '...' ',"'J:.i ";,...' .,.' . . .' . .' \\1 > l. 1 , 1 I \ , I ,J, i t ..,---..., '-, I . .....J ..._) ,;~"'3;~/"V: . ,~,'" ~ ~.~.~,',.~,.-}t;' ..}~.1l'f~;... ~" "';.1/'"" IV"~~ tl' ..... Jr "tf'A~ ,~.~,~~?th~: ~'..::. ;;."j.,:'tdt:lIllOUlill_' ...~;-';'...l ,,""'~.~~ ;I.."~"'~~~'~:..~~~ r1 .' <i 1 .~ .c: .J:: ~. X .... ,." - ,J,- i . .~... ...,...~~ 3747~3 B-76E p-a3~3 09/30/94 10,19A PG 25 OF 28 zone districts and conditions of development adopted pursuant to this Ordinance. . :;i i:.i 'I ~,. , '1 ~:~. (:.j ;;'/:I.y ',' .' , ' section 19 "i . ~i' :~,",: ..... . Pursuant to section 24-6-207 of the Municipal Code, city council does hereby qrant Developer vested riqhts in the Plan as follows: 1. ,The rights granted in' the site specific de- velopmentplan approved by this Ordinance shall rem,lin vested for three (3) years from "the ,date of fina~adoption specified below. However,. any failurEl to abide by thEltElrms ' and conditions attElndant to this approval shall result in forfeiturEl of said VElstEld rights. Fa,ilurEl to timElly and properly rEl- cord all plats and aqreElments as specified hElrein and or in the Municipal codEl shall also rElsult in thEl forfEliturEl of vElsted rights. 2. The approvals as qrantEld herElin are subjElct to all rights of rElferElndum and judicial review. .,.~,' ~ . ' J : , ~ ,-I 3.' Nothing in thEl approvals provided in this Ordinance shall exempt the site specific devEllopment plan from subsequent reviews and or approvals required by this Ordinance or ,the general rules, regulations or ordinances of the city provided that such reviews or ap- provals are not inconsistent with the approv- als grantEld and vested herein. 4. The establishment herein of a 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 requlation by the city of Aspen including, but not limited to, build- ing, fire, plumbing, Ellectrical and mechani- cal codes. In this regard, as a condition of this site development approval, the Developer shall abide by any and all such building, fire, plumbing, electrical and mechanical ~,. t:; lr I ;. 1;1 ,,:-i i (. f'c , . ~1 ~\. ~~ ,,.. ~',fr,:,: 25 ,.'. I ~ . I . 374793 I ,I " i !, "j;, I " , .:. l "'-, , ,../ 1 il " ....../ ~,','Jt"~ . ,~ ~ .... ." ,liII,'!~;~"Iili.,~ , 'A"""l,' ." "'''JilIP''l~ 1""'\' " - 1"""" -:;;,,":~, ,....."",,.'._'M,-~.._..__ .....'1\; 'P:"''''" "-_".,,, ,~...... ..>I\<".l..'l._ ~ B-n,,~ P.,03C, 09/30/9/' 10: 19A PG ;;:G l1F 21, codes, unless an exemption therefrom is granted in writing. section' 20 The city clerk shall caus~, notice of this Ordinanoe to be published in a newspaper of general circulation within the city of Aspen no later than ,fourteen (14) days following final adop- tion hereof. Such notice shall be given in the following form: . Notice' is hereby given to thegener'al public of the approval of a site specific development plan, and the creation of a vested property 'right pursuant to Title 24, Article 6B, Colorado Revised Statutes, pertaining to the following-described property: , ' , The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. section 21 The city'clerk is further directed t? record a copy of this Ordinance in a timely manner after its final adoption with the pitkin County Clerk and Recorder. section 22 This Ordinance shall not effect any existing litigation and shall not operate as an abatemen~ of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be cO:1ducted and concluded under such prior ordinances. 26 , ---/ii<'-;1(~ ,l''';~ t,~: ~ '" './ . 't~~ ,(' ';. , ., ~~' ... ~ .,',- tI , " ..",.' ,'.: .{ ~ ':- ~ ..,... >-" , '; '.. ~',' . . .~)?~ '<!. '":r:p,,, l;,i,.~:,;~ t\~'.<"~i t"'~ " l \. j t ',- ,~ ;, ~~ . ;- , :iF . ~' ~ !' ;" , , \" " !:. ;. rt"!'...~. ~ ,,,",,"' '~...'''., ,,", : .', -#! ,:' \;J.' i i" i ! i I , . . ~:,:' ,. , -,- '.......-. ......, .-../' ..(>....;.... ,~ ,"'......-'.. ". ',!,'.~I 1t.~J..1U... :., "" , ''''(.''l.'lia'-'' ~,~~,rto_r-'-~'l t"'\ ,'" j' " 37'+ 793 0-7(.2 P.'!l37 Ql9/3Ql/9" lQl:19A ~'G 27 OF 28 SectiolLll If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portioni:~~~re6f. Section 24 , ' '~ PUblic hearing(s) on the Ordinance shall be held on the I~ day of ~)?~ ' 1991, in the City Council Cham- bers, Aspen city Hall, Aspen, Colorado. ..,:"",) INTRODUCED, READ AND ORDERED PUBLISHED as provided by the City Council of the City of Aspen on theo19 day of ~ la,., by 1991. ~./~ William L. stirling, Mayor ~"""M;'~':. , ..~"'r..'" .~ ," ," , ( /' ::4n,,"~ ~ 4u.. Kathryn S~Ko,ch, City Clerk C'Oi?i'T'~~~.'ADOPTED, passed and approved this .d:L~y of 1\" ,~~ , 1991. ~.~~ William L. Stir11ng, Mayor 27 ......' "lI1 '. ,-'.r"" ..' .J,~." ~; . ~;.." ~~ '40 .$~~' ;:' '. ..... . , , ~..:. ;.'.,.' ,;,~ .''1.; ;~'~::'.~f:; ;I'?'A/. ,I':.'~ ;;;.;.;,.", '1'.'''' '.~~ 'M,;"':-';<~": "'i~' ~'9; l'....P-; '.' '.. ~ t: l;t . ~,' . ~~ . -L ....i 1: t .. J . .;'. ~ '. , ,: ~'~ ..~; . I. . .;.";....1 \"'" . .~,~r1'ii: \\','\:":'1' ~.l' '. I"; ,. .1-: .,. ~,~ .'Ill ,~l' ~ ,.' .. " A r " ',':'-~"f/'.: ~~~\,~~:: . ::' ~~:. -,I: ., ~"'. ~- :~<H-' ;i'K ~.~ " .-....;~.1 1!.'l':lI~' ' .:~,~~~t....~.$'lol . ~ u- .,'~i.t\ .... ~ ~ . #~;ir " f .r:~'~h~L '0," ,) ~" ,~~ Kathryn'-. Koch, city Clerk C,,' \) . , 'LO^~ / ' ' '. . ..", ~t,;:~,:,';';:.'J.t~:' ;:.4": "".., ., ::i747q3 'a-7&2 P-838 , ,~q/:30/q4 10: LelA PI3 28 OF 28 ..................... , . ,,~' ~ , " .' f ;, I~' ,..,J '- 28 :0' r ,:',.;,:?::<~. ,::" '\\ .", . ,~ .~v iris'>. 1"", ~\:>:;,':' " ,.Jtto.. ...., ".' ,1". 'j" ,\\...~I~.y( ',. ~.tl"~",~~~,~,,,'l_' . . '.-/!.:-. ~ 1~' ~~. ~ :. tJoi:: ".. ""....~-f~.,.i......, ~ . '~~ ,:,:~"",~-",,;.:2t)).:.!:.:o.~~}~~,~~).ii""i~ ~ ....-~ _,', ~.~:~\.,~.~: :.1;;".....~~ ': , r,' , ' . ,', _7'~"""; .~.~ ,.,~~ ".', ,.,;,'":~.:\'~"""""'l"r iI'~" :.... ~'. ~;t'\~.~~i.~-l5.;' t..k:::~~:~ .:; \ -' ~S';'~J,;;;!}~;:~.;:\I\':;}~"" ',;~~'??&~~~_:;~~,',~~~~~~~~~t~':':'::i:r~i" ..~. .; "~M 1:t340937 OU:4/~::: 16: 13 r.:;2~ <{;..d.('O.O(1 B1< b07 PG 731 Silvia Davi5. PitUr"I Cnl:'.y Cled:. Doc ct..OO " ,. ':.. SPECIALLY PLANNED AREA t-. re' 'J ' ' ,,; J:, ,f, '. -" , .,,~ 'it , '~\ ..... "THE ASPEN MEADOWS" DEVELOpMENT & SUBDIVISION AGREEMENT i- ':\ ., " . ~, ,Y ~.s ..ffJl!' . .", .,~{ ....'::...l l#~~ ~.::..' ~..,~ . -{ ", ! ("'\ I .. ' . 't~ ,.." .,.' ,",',' ': .~~;: ~ .:" . .~OIo"'M' ...10;,..."..'1....,.;. ..... ..' \,' < 'S\t.\~,,~,. t,:,::~";" "fiU;;lV;!'''\''I;:.t<..;~~ ; '5~'~~ji:~~::~,.~~ili~~~;;~~;if~",~ ~ . ~.;' ~~~;~~:~.t ~; ". ~ };,~" ~.~; ::.. '~;.4 ~", ,.... < ii..., ,:.I.';'.,:",,'"-~~";\i,:;".!'~~'!i.;" .,.\",,, -.I,'1":'~~"~~'.'~~ -4. t\ - .'1:: ....... ;... '. #:::\1:1('937 I"',' 1'7"4/0"'1 16 :1-' ""1'; '0-"'- ... :1_ :",ec '1~4,)f).Ol) m: 667 r='G 732 ~~ v~a ~'t~l:.. riUcin ~ntv Clerk. Doc '",,)1) THE ASPEN MEADOWS TAll!.E OF CONTENTS. pt\GE I. G"NERAI. REPRF.sF.NTATIONS .,.,.......,...,...".......,.5 A, B. C. Construction Schedules _ General. . . . , . . . , , , . . , . . . . , , , . . . , . . 5 Construction Schedules-Detailed ...,.",...,....."....,..6 Traffic Mitigation Plan .. . .. . .. . . . . . . .. .. . . .. .. ' .. . . .. . . 6 1. West Meadows Component, . . . . . , . . . . , . , , . , . . . . . . . . .7 2, MAA Facilities Component, " .,.,. .' . .' . . ,.,. ,',' .' .7 Site Improvements to Property ..,........".,......,',..., 8 1. Utility Plan. . . , , . . . , . , , . . . . . . . . . . . . . . . . . , . , . . . , 8 (a) Water.......'...........,.............,..9 (b) Sanitary Sewer. . . ' . , ' . . . . . . . . . . ' . . . . . ' . , . . . . 10 (c) Electricity..... . , , . , . . . ' . . . . . , . . . . . . . . . , . . . \l (d) Gas"... . . . . . . . . . , , . , . . . , . , . . . . , . . . . . , . . 12 (e) Other Underground Utilities. . . . . . . . . , , . . ' . ' . , , . ., 12 (f) Drainage.".. . , . . . . . . . . . , , , . , . . . . . , ' , ' , , . . 12 (g) Fire protection, . . . . . . . . . . . . . . , , . . , . . . . . . . . . . 12 (h) Vacation and Grant of Easements .",.""....,..,' 13 2. Meadows Road.."".,.........,."....,",.,' 13 Additional Conditions of Site Improvements ....,. . . . . . . . , . , , " 14 Financial Assurances ..,.,..,..."........"...,.,.... 15 D. E. F. '11, )NnlVlDllAI. PARe'"r S _1'HF. ASPF.N MFADOWS , . . , . . . . . . . . . . . ., 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 ....t. "" . .;:: .::t " ':~<d":>-'::_ . I ! \ . I ' ;~ ;s: , :d" ..... ....c !;fA -:t~~ ~.~-< 'M:;-~: ,,,.: I""'; (i t~_.... .,.. . .~ ~-/:' .:-....~~~I!I:..~ :'...; '\i ,~?..,. i.'~~..... {~.4'i .,..... " ~. .~.t. '..~ '.:~,:~.:,..{t,H.~~......'f".l;t':~.....,"!.! . '.""to .".,-t'.w-~;~ ".Ii! 'j ':"~':'~.:.u:~ ". . , ' ..;,>: . 'i~f~4i~1,\:~:'~lt;J!~~~Ji~~~~~~~~~tr(~' ft;34('937 1)t/24/~:- ~/,: 13 Rec t.1-')('. (or:, 8~::: 667 PO 733 Si1vA2 n~Vl~. Pll'~.in Cntv Clerlr. Da~ ~.Q0 PAGE C, (b) Landscape Improvements ,.""......."........ 19 4. Financial Assurances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 S. Employee Housing . . . . . . , , , . , . . . . . , , . . . . . , , . . . . . 20 Lot3-The Aspen Centerfo" Physics "".....",....".,...20 1. Site Improvements ............................. .21 (a) Utilities."., ........."..,....,.."..,...21 2. Financial Assurances. , . , . . . . . . . , . , . . . . . . , . , . . . . , . 21 3, Trails.. ' .. .. .. .. .. .. .. .. , .. .. .. .. .. . .. .. .. , 22 Lot 4 _ Conservation Land . . , , . . . . , , , . , , , . . . , . . . . , . , . . . , 22 1. Site Improvements .,..".".",.,..,.,......... .22 (a) Utilities ..........,....................... 22 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 Site Improvements ......,....,..,.,....,........24 (a) Utilities ...,.,."....,..,..,..,..,..,...., 24 (b) Landscape Improvements "".,."...."..",.,' 24 4. Trails, . . . . . , ., . . . . . . . . . , . . . . . . , . . . . , . . . . . . . 2S 5. Financial Assurances. . . . . . . . . . . . . . . . . . . . . ',. . . . . . . 25 6, Employee Housing. . . , , , , . .. . . ,. , . . , . , , . . . , . . . . . 26 Lot 6 _ The Tennis Townhomes at the Aspen Meadows , , , . , .. . . . ., 26 1. Dimensional Requiremenls and Variations Therefrom. . . . . . . .. 27 2. Condominiumization and Six Month Minimum Lease Requirement. . . .. , . . . . , , ,. . . . , , . . . , . . . . . . . 28 ' Site Improvements ............................ '. . 28 (a) Utilities ..."".."".....".....,...,.... 28 (b) Landscape Improvements .....,..,."..,...,"" 28 4; Trails. . . . , , . . . , , . , . . . , , . , , . . . . . . , , . , . ., , . . . 29 5. Financial Assurances. . . . . . ... . . . . . . . . . . . . . . . . . . . . . 29 6. EmployeeHousing......,....."....,.,.."...., 30 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. EmployeeHousing...,..",....,..,.,..,..".," 33 Additional Provisions and Agreements ,.,.....,........".,' 33 1.' AccesslEmergencyLoop .,..."...,...,."......., 33 2. Fire Protection ................................. 33 3. Fireplace Regulations ............................ 34 4. Drainage Mitigation "........"",.,.,.,........ 34 ; . f' f"; '",~x- I' ~ , :1 D, " E. F. 3. G. H, ii I " " " " - < ~~: ~~'- .r .~....,..~ -;~~?:.- ./; ',~"'-' . i ~ r-., '5~:m~~~:::~~~~~l~r~f:jfI' )1'"' _. '.. l ~ ... '1'1.! ~\""'" or ....,. ~ ~ .:~'" ;,..,; ~ ..... . . I ,.,.... 'I . '" ...~ ~~... .' J- ~. ,I.' ~ y~t'';' '4_~,:':.'!rY~\('~"" "1" ',' ....~ . ~Al.~::::fio. lii~: t~~'~'" '" . h ~t- ........ W:;4('Cj"?" (.1/:4/7: i6: 13 Rec't.4('(,_ ')0 m" be? F'G 734 Silvi.=:.>. J)OI:v~,i;: ri".:l in Cr'1'":V C'.1~...t:. Doc 't..'">(, ~ I ! :eMiE S. Fugitive Dust COI~trol ............................ 34 6. EnergyConservatio.,.Savanah ......................34 7. Energy Conservation . Institute and MAA . . . . . . . . . . . . . . . . 34 8. Fox Dens. . . . . . . . . , , , . . , , . , . . . , . . . , , . , . . . . . . . 35 9, Re-Yegetation, . . . , . . . . . , , . . . . . . . . . . . . . , . . . . . . .35 10. Manicured Lawn Areas ,.".......,.,...,......... 35 11. Construction Barricading .".,..,.."..,..""....,35 12. Amendments... , . . . . , , , . . . . , , . . , . . . . . . . . . . . , . . 35 13. Public Access ....,..,....... .. .. . . .. .. .. . . . .. . 35 14. MAA Parking Lot .."."....,..."...,."...... 36 Ill. 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. Rcasonableness.... . . . . . . , . . . . . . . . . . . . .. . . . . . . . . 41 I r I . , !~ i , APPENDIX. . . . . , , , . . . . . , . . . . . . . , . , . . , . . . . . , , . . , . , , . . . . . , , . 44 t I ,.~..w."'lnua\tlbtc.C<II'I Hi '::"":'1. ~?:~~ -;t..::. "'a:""~ . ,,......,, , ~ ' I t., .: o!M<'t:'-4.~'i~'t.~~h,~'~'j;~,,'f\.:.4'"~~~;if~~\~~~r'b~~~; '. ~,.A:~)}~~:~~,.~.}.)~ .~ ':;:~~~1~1.;::::;,~~.,:;.;J, :"",,g~~: ;jN,~~~:;' ~ ~.~ : .;; :~;:':' '~~. i' ~, ....... e' , ~,'.,1'~ ......., ,"t, I " I '.,:'~.'~.I'~.l?-","W'..I' .'.... lolO'J,~"...~>._:)~~.': ~:' :~~.rh '., tr341:,Q37 ('1 r:tl/I?::' th: 13 ~:cc <g(lO. \)(t 1:;1<" 667 r'G 73S (_'.!~\'l.i', O-:\vi,::.'- ~i.t:~~l ':':1',1;,'0' ~:;ed,. Doc '$.0':' DEVELOPMENT & SUBDIVISION AGREF.MENT "THE ASPEN MEADOWS" SPECIALLY PLANNED AREA This Agreement, made and entered into this _ day of , 1991, by and among the City of Aspen, Colorado, a municipal corporation and home rule city (the "City"), and The Aspen Institute ("Institute"), the Music Associates of Aspen ("MAA "), the Aspen Center for Physics ("Physics") and Savanah Limited Partnership, a District of Columbia limited partnership rSavanah"). 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, t. ~~ 1 " ...... t.. .... ", , :'~. }1 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 PIal (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 fonowing development activities, among others (the "Project"): a. Reconstruction of the existing sixty lodge units of 35t950 gross interior square feet and in addition, renovation of the existing Kresge Building conference spaee (lower level. Building 5,- ~Insti- tute. b. Construction of fifty new lodge units of 42,410 gros~ 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 e. Health cl~b renovation and expansion of 1.800 gross interior square "feet ~ Institute. " I ., " " i I For the purPoses of this Agreement, the term "gross interior square feet" or "gross interior floo.r area" shan mean that noor area contained within the surrounding exterior walts (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. ......~.....,. ~...."'..,;, ,.Jf'f-.f. 1"'1. . ~"'I~: ':~ " ,~~~~.~~~ .~. ": i.; ',~~ ,...:' .,~, !~~'d : :"~ , .. ~" , " ..",,,,~..,;~~,,,."t~'~" . t. .., '~'.\..4.:t'~~:~"I~~:.,:~,I.:. "\ ,;: ,"" ,;i:,~i;,f~:l:\~k~t(:l~)'A)~~fig{h~~;:~~~;r: ' ",~#",..H..'''' ,~~.,..-.~,4L~;~~,.~l~1>Jji<Jf:i.~'~ ..,,!..~'::,' .' ............. ............~ ~,l. ,~"",~"'.........}U:"" ~ \~.\ ". !tJ41),?-':7' ,:,t/::4:~~ 1.6: L~' pE=:'r,,: f,.F,;,.r)(' m.' 667 F'G 736 Si!VL~ rDV1~. Pt~j.l!' Cnt~ C)er!~. Doc '.00 d. Resta'lrant renovation and expansion of2.ooo gross interior square feet. Institute. e. Tennis shop renovation and expansion, including rest rooms, of 980 gross interior square feet - Institute. f. Music ~nt backstage expansion of 1,500 gross interior square reet -MAA. g. New rehearsal/performance hall of J J ;000 square feel of Floor Area Ralio ("FAR") .. MAA. h. Music tent gift shop expansion of 100 gross interior square feet. MM. ,. . i. Renovation of the existing eight trustee housc;s and their expansion to 2,500 square feel of FAR each . Savanah, " t-; ~ l~ ., :.s:. ,. :. , .. '~ l 11 j. Construction of tcn new townhouse condominiums of2,500 square feet of FAR each.. Savanah. k. Creation of four single famity homcsites, each homesite to have a single family home and an acces~ory 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 Projec.t components was produced and considered, the Consortium received aU . rcquisit~ development approvals from the City for the Project. The development approvals that the: Consortium has received include the following: e. GMQS exemption for essentiaf public facilities from competition and affordable housing impact mitigation for the Institute and MAA development components. a. Subdivision approval to create ten separate lots at the Aspen Meadows. b, Growth Management Quota System ("GMQS") approval for fourteen residential units. 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. I " i~ \ 2 " '~~:;~~ ..., .,. . , .n _~_~ _ ___, __.._ ...A. .--:00-,.......;...."'::"'..' ',' _~~.t': . llt~ ~~ ..,:......... .~<o{ ,I \fqft~~.!~:~it~i\~!~{~l ~ ~~.l~.../".~~~:~~. ~.'~. i~,~,~~: i:~;:\. !:1'~.,. ;:;. ~. . ~:... ;'$"...~,j,.;a.""df,J;':,~',~\~:'!"\f~~.i.':!".'~': . .. ~:~':"""~ "~'.~:':!~.."",~~. " ....:.:: !13..~(,Q::7 (.o!./:>~.''f: tI:-,:l'3 ~'~~,:;1.4(1('.":\(' B1:' 647 r:-G 7'37 Si' '.',,:.'t r..:'.,:i. ':" ~':. U..i r' Cnt.'. C: (...r \'. f)'':K 4.":1(' 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 tease requirements. f. Condominiumization approval for the eight existing trustee houses, the three new 'trustee houses on Lot 5 and the seven new townhomes on Lot 6. g. Waiver of the six month minimum lease requirements for the approved development activity in the RMF zone district. h. Conditional use approvals for affordable housing units on lots 7, 8, 9 and 10, and ' i. Historical Preservation Commission ("HPC") conceptual and final approval for all aspects of the Project which were subject to HPC review. 4, The City has fully considered the Plat and this Agreement as well as the .nticipated benefits and burdens to other neigl1boring 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, er 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, ~..raster 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 .... "'.,~. . I Ii !i. , ~~; :;t..Nt ".". ~.tj-( .' ~ .r '. '"~ .I .1 . ~;.:~..:::. '~ ,{~~~t~~;~::.~~k;~i~\{~;~~t~?:f:;111((~ 4)~'" '," , .. ,;,...,,!,":,.:-:.:f\..i .'-,"l.O..!}....f.~;:\.,~:.4l, .It. ," '; \~:.~: . ,.$.\..~.i;',:~t.~~;:,~.~~~~~.~r~~.~~~:~'!.~~ . ..... <~.:.'t.:................ .~ ,~, :3~(:9:'~' (',1/:4:0:' 1/';::' G'!'.)c $4':>C'.(H) 8f~ 667 PG 739 ~:~V~~ n~',:~, r'~!! ill (~~~ Clcr~-. ~~C ,.no 7. The City has imposed conditions and requ~rements in connection with its approv~l, 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 Artiele 7 of Chapter 24 of the Munieipal Code, the City is entitled to assurnnces 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 c!)nstruction time tine incorporating a specific construction schedule for the installation of the new Meadows Road; and .' I 1 l- I · ,~/ !,:I:. i , 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 1 112" 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 ot as soon thereafter as is practical in the circumstances; an~ 15., , ,The Cpnsortium has provided to the City a digitized copy of the subdivision plat. NO\V, TIlEREFORE, 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 ~;~..~ .....~.. .....:>. ": ""...~ l' :~". ":i~'~~:" .;~.~~I';;;'~'~~"to ~ . ~ -:')/~:' 4'<~~';:~~'~' .,.,< . I'" "". ":....,; . 1.'...rd}.:~",_~,""""./:M:t.,.j .....' . ....::.: ~ . r': ~:iv~,?~~ ':i~':.; ", <~"\.??I:;y~~:~~';h~~1:{~~.' ,.,;i;.::-?'~'.:,~~~.~,','.',~:.'.:_':"~"i .... " . I.. ",~ ',. 'ri:if,i"~'" ,,' ".' w,o . ,..... . . .d~~~~~l~r~~~1i-:-\-.....~~,!;~,~..."',;':::'.i:':.< . \;". . ~ ^ :j';!".,;:;.",;:" '., . :,.~/ ~~ ~:: ":)1:. ~ ~r' rl~'~~(. t::~' ~:~'/: ("i;c)~:I" t ~~~ [~C 7~9 I, GENERAL REPRFBENTATlONS 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 effcrts 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 !'equire 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 In~titute renovation and new construction, including the seven lodge buildings, administration. building, health club and poot, 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 follow!ng Summer. 2. It is anticipated that theMAA 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 wilt 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 aU related site work will be undertaken in three phases: the site work for the home sites. the tennis townhomes and the renOVatiul1 and expansion of the trustee house:~. . 4. The construction of the new' Meadows Road is currently planned fr.or 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 ptanned for the Spring of 1992. The utility and irrigation system work will be coor-dinated 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 Roaiing Fork Road side of the campus will be established by the City but wiIl be coordinated with the affected Consortium 5 . ~ ~ D · ,t.? t;&:. . , " 1 , '. , .... _.._~--_.....' ~~{ ~,~. ........';.. ~ !l' ,," /....,'r..,;..;........ " '/ . .. ....:-- ;;~ t ..... . ". f#~ .~4.....~~.....\.J.;.,h..;.~i~.....\~'.~Lt ',;::' .... ~. .~,"1'!..,........:t...:.~..:.' .,~ . .I. .'-'{ .' \ I ~$.../'_...'i., "....;:: . " ,eii::fY;s'i\~"'~;;"':' ~\:~ :~/: ~ij~;:"~: ;;: :'~ . q.." _ ......... ~,', "___'. '~1. . ...~.J :0 V1~::r:I"-,~, ~~.... " .........--."""... -.--,-- .....~.... ~.,.'" '. ,.' ~..- . ;~. ;('~~'.':'~''''; ;:.'~:;~;. ;';'~ !~~ . ; ,t.;. 1 7. ,>:<: ':: f ~l,??: '."2".~:' 667 !:'G 740 ,.,'", 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 trait, bridge and appurtenant recreation feature! from the Meadows Road West and North to picnic point and across the Roaring Fork River to the Rio Grande trait and rrom the Rio Grande trail up the hill to the Roaring Fork Road by the Institute parking lot. B, CONSTRUC110N SCHEDULES - DETAILED: At the time or application for a building permit for a particular development component or the Project, and as a condition precedent to the issuance thereof, the individual owner shan provide the City Engineering D~artm':nt wit!1 a detailed construction schedule for that component, satisfactory to the City Enginee: and the Chief Building Official in connection with the Planning Office in the exercise of their reasonable d.iscretion keeping in mind that disroptive activities shall be scheduled to minimize impacts on adjacent properties and campus activities. The Constroction Schedule shall particularly address how construction phasing and other tcchniques .wit.hin each separate' component will best accommodate the following ir 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) constroction 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. I . I it? x. , Each of such Construction Schedules shalt 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 &1nd West end neighbors, has developed a traffic mitigation plan dated February of 1991 and attached. hereto as Exhibit ItBIt. The traffic mitigation plan ;s ovolutionary 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 .........: ~~. ~y.'l. "-;~,::.' I') ....,,'~.~t..;::~)~;~ .;, .~,'~ ;i:i1'::-;:I~~'.i;'f.~~..,;': ':' It-''', ,.....~J.,.:;..:"'.;),' ,.'~'''1'';I. ,,\~l-'~r.~~. !', " " ~ -;.~,..1........._. ""~~[13::i4f~~~~: '"S~~i1it?:~~'f,~;:?ifi;{'~-,:r' '1 ~.:!.,.,.")','- ,', ~ ' '.1.. ',~,: . '7 ':.."...,. -t..'!.(,(.. ,.;(, I::f< 667 ..'f', 741 ":,' ,:"', e":" Co;:), .r.,.,'"' ':~.l. : /:'-' ;', ~"! '! - 1. West Meadnws Comoonent. 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 trwn for guests and residents. c. The shuttle van systelll as incorporated into the development's traffic mitigation plan shall be operated by that company or entity operating th" lodge facility. d. Chartered vehicles when appropriate for group activities originating at the lodge, I - 'I I . I !~ , e. Bicycle rental and storage facilities, f, Promotional materials encouraging use of alternate modes of transportation and discouraging private autos,. g, h, Guest parking in a garage to be constructed under the tennis facilities, 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 routcs serving the restaurant facilities shalt 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. . 1 I ; I 1\ 2. MAA FaciIitie!: Cnmoonent. Effort$ to reduce auto use have been undertaken in recent years by- MAA :n conjunction with West end residents. The elements of this plan are a further expansion of these earlier efforts: 3. Promotional materials, including maps, encouraging use of transit, bicycles and wall.:ways have been initiated and will be continued. 7 '"-~. ''''' ~::..; 'iitll~ .""1r;,,~' ~...,.<o! . l' : > ,'. '" :t;~i.{..:..?~;:"~;'-;":'~\;'~~: ;. "\,:'<~'~;::~'i~W~,,;.:t~-.~~~" ~ .!'"..... ....)~\..,~''t". ./~~_.'lo ..;,;....:~ 1...t.!.J',....1.~\"~>1,'}........ ,~i;:.;'P~~;.;/< ,""" :~..~,~,'1,~~;;~:<.iL~~?)i:' p;~.:;~:, .,~~~",' :;.':..~....~ ,~~~<<N'$:'f"~i~t~:',~:,.;~!~..i~>~...; ; " ... .._. ......... ":"<""'". _ II! '......." .~ .....;.11I"....... ~., -~ ):~. ';\: f""'; ;'~..'" .~..~~~I.~~;~. ~ ~~; ,'4 .:~,:.. ;..~':~ ~:~ t ',~l"., 4' J-~ ~~.,,:t.. '.L"':'~J....~~~~;"""...'fo~f.l'",.~..... .~.' .~~..',:~~~~ez.....llf~.;.$<1.~..iI'.' ''l. i: .-r ;.... ~~';~:.:~7 r;'~:,~.::..~/~~ t.~':~~ t ~.r.~:~:'~ I:'~':;;: O~o~l\,~~~ ~G 742 b. Pedestrianlbicycle 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 aU motorized vehicles before large events and will be used for pedestrian and bits egress after large events. d. Enhanced transit service by RFI' A 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 o~ra~or 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 shaH continue to conduct and provide such reviews and reports every two years thereafter unless deemed unnecessary by the City Council. Such reports shall include, but shall not be limited to, traffic counts on Seventh Street. number of van trips pursuant to the development's traffic mitigation plan, charter vehicle use, passenger counts and destinations arising from the use of the 'Aspen Meadows facilities. The review and report shall also incorporate data and information from RFT A 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. AU modifications of the traffiC mitigation plan shall be approved by the Planning and Zoning Commis;;iion at a public hearing. D. SITE IMPROVEMJiliJ'S 'm PROPERTY: Consortium shan and hereby agrees to accomplish the.. following improvements on the Property: 1. Utilitv Plan The Consortium shall, when neceSsary.. upgrad~ and., relocate existing water. sanitary sewer. gas. electrical~ telephone, and cable television lines in accordance with the approved Utility Plan recorded in Book .i1- at Page -5- of the Pitkin County Colol1ldo 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 fonowing improvements in the project Area. 8 :''''l'~ i r I . I \~ i , "'~.r iIf.(,~ ~.,:~.",.. -, ~~,- . , ,'-'" .'.' . . .' '1' r:'-:.~;;:." '.. ~ ,.-,,: .,", ,,~,':\,,'..' ,r~"'''''I'''''(':''''. Jl'1:' ~. '~......)~ ,:.~~~t; \ ~~ .~f.' ~~~"-:~'b;("~ '..: S";~:~:;f' ;;~~~~.\:~w'l':\"'~ .', ....:?o".."...';'6'1:'\,;;:.' \ .. ,1I11..~.:o. '_r.~',~" d,~","':"i'.' ". ,..""i,''''~''':'';' '1''\: .:..... ' , '"~':';.r,J .~ ..,,',~.,'.' r ~J',,'Z'''''},~ J.' ,,' 'ii" ;~. ~ .' " ~, ....'" I.... OS ,W' '..1'. ....~.. ,~$~.:...'r~..... "-'. . <,..I.>.~t'(.'I~~7:'. . ~,:,\ .-.:....' .~(:..i~-'\:.< .' '~. '\1,... ..}".;: , l' . , . Jto'" ...., '" .. ..~!H ,l)..~~1rvr~":(. '..., "'\-::;." :~):;.. ~~..l~'~ '. .oj. I' .,..:.J"'..r.'..( .c~ t:"'J..:Io-W' .,,,....f..,.li.'..'~. '. iZ:Z_'.. ....~I .....,..~~~~o.)lt.,,":.~.hi.',..Q, , ,'" 'l'~- ~~;.~(.t:;'-::- "'lr::"l/o: 16: lJ :-:-""t-: 1:4"1I).(H) 91:: 607 F'G 74'3 Si:'..t:,' :"',)'.-t.,. F'itl:in Cr.t', :::::(,1. Doc: 'I..'>l'l <al ~ The Consortium shall upgrade or install where necessary a water distribution sYSlcm for lhe development meeting no less than the minimum design, engineering, materials and construction standards of the City for domestic municipal and fire protection purposes and shan 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 constructcd watcr lines, and a construction casement 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 inst.'\lIed and maintained at City expense. The Consortium shall install and construct two new 8" Ductile Tron water lines wilhin the Project in .ccordancc with the Utility Plan which wilt replace and uPllrade existing 6" cast iron and smaller diameter water lines on the sileo - (;) Tnstall and construct an 8" Ductile Iron water Hne from the City's existing dead..ended 8" water line in the current Meadows Roa~" 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. conneeling portions of the 8" loop in front of Ch.let No. I. . ,~ :s:. , Additionally. the Consortium shall: (ii) Install and construct an 8" Ductile Iron water line from the existing 16" Red Mountain transmission main, extending easterly north of Paepeke Audilorium. southerly and then easterly in the Institute parking lot.nd terminating wilh · tie~in to the c'tisting City of Aspen 6" water lii'le in Roaring Fork Road, (iii) Rclocate 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 Sllpport the upgraded and proposed con- stroction. 9 ...."'\-1'......... " ..~.:::::==:~::~:~--;:::.:::.:::.~' ",:;':"- ...,"'..... :?t.!/.:~ ""'11".,,' -~.w:o:" . 'j' t) () .,' :'. ,;.......t;;:\~..~.~:,~: :.-::}~::. . ..~~l;~.".'-..;.l'~'...\I..... .:o-"C:" of ~.'.. j,-' fi!,.i,t~~~,'~..'l:'~.. ,i.e....i.'~ ...;\J.i..~;~:.tt'l,;'\~\..:..:.lr1~\" _ ~ ,.u... .. .~r.. ; ..' . '.,,' . "-....... e'I' " ,..... ....~..... ..' .,r,'.........:"' ,...!," ~~.'" - ...,0" :~... ..,' 'Ot",;-,.~.r'~,... ,''t....., 'V','>j{,:~', '~., ....~:~;~,_'i\~<'::i,.;{".""::' ,:.~,,;;.~'::' ",~;.~-JIi.- :~,_~..~;:~~;'l ",,,,,,,,,,,,~,".' ",:/""" . " "...""""<"'~,..'t'.,~,.\.; . , .'~' ", -:., ,. . ...'....\I\J.~'O\.':'f '.. ......... ........: ; . .J~~t.~.,..,. >:t.~;:...~\~A+{~,.~<~~1~~4i.tf~y /. .. .....~ ~'!.,.~ ....~..-: \<i~.:.'liI..r.. \. ::'.:...,J~>1 i :'..,.' _0')"'1")''' ,c" !:,,"~'c 16: t -; "",,'.'''-'. ,',,', r..r, 667 "'8 744 ~~ilvl<"J D;~v~~', rt~.\'ln ~',.,t~. C~..:'r~:. D<',,:, 'f_."'':' (oo) E.isting on-sHe water tines 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 CHy Water Superintendent in the e.ercise of his discretion. Final acceptance of the water system installation by the CHy is conditioned upon submission of final test reports by a registered civil engineer verifying conformance with approved plans and speci fications. (b) s.t'nll~rv 5;cwcr. The Consortium shall install and construct 8" PVC sani'lllry sewer lines within the Project in accordance with the Utility Plan. which will replace. upgrade. and serve e.isting and proposed !:acilitics on the site. Additionally. the Consortium shall: (i) lnstal! a new 8' PYC sewer line in the nOW M"dows Road to serve the four Single Family Lots 7- 10. The sewer main extension will con~ect to the sewer main 111 the existing MeadowS Road. (ii) lnstal! a new S" PYC sewer main e.tension along Cle west side of the proposed Tennis Townhouses and connect to the existing Aspcn consol\datcd Sanitation Db,tftct (It ACSDlt) Castle Creek Trunkline; (iii) Relocate. as necessary. portions of the e"isting sewer line serving the Tru,tee Townhouses and connect to the ACSD Castle Creek Trunkline. (iY) ln,tall and conslructwhere necessary a neW sanitary sewer collection system for the MAA and lnstitute property beginning ,: the proposed MAA Rehr"rsallPerformance facility, cxtcnJinC westerly, northerly, and then westerly and north of Anderson Park, to the WC~it Mcndows portion of the lnstitute property, The sewer main will collect wasteS from the meeting, lodging. rcst.1.urant, parking, and health club facilities, ex.tend westerly and north of the ~r\jslee TownhOUseS. and connect into the ACSD Castle Creek Trunkline. 10 " ; . h \~ i , ; \ , \ I ~;;:. ",:.r.~ ""'" '~'J~'.;""::'~~';:-":' : '~'_~.'<' :-;~.,:.~::..~.t,,:"" 'ili "~.,y '~""""""":";"!I."",=j",,' ' , ,_:' ..' ~~'~"1~'~::''-~~~. ". ," .,.,j" , :(.'\;,~.'~~>.~>~~.:-.~ f::'~2>\~', .; :<~,~\:';.:r>~;""J::;i~'J;~'-. " ',>.t", ..'~"~"~" 1,:'f< ,,' '!.' ,J-roo 11'~~/"" ,.." . "~~( '::~~" ,:',~:' ':..: ~,i;~;~;-t3~:)S~;~:":i;;:;';:;>?> .~,. %. ,;.~, ~~),..c.,.....""_~.~..",,....,li(...- ",' '1"~\. .1 ':~":, \t:~4(\Q-; i ':' l.l :~/\ /~. I b: ; 0) ;~'".\, ,,,:,:. '" "..,..' ' ,.,c,,'., .:",. [" 667 F'G 743 , "n,"",,]>:;. r'~'-! ~:" r.:,;-v '-lr~~:. f.r":, ,!,.,:,,', (v) Install and con!'tr\lct a sanitary Sc"'.rcr collection system on the Physics Property. extending easterly connecting Boelteher Building. acroSS the M^^ p,.rking iot aod connect into the ACSO sewer main in Roaring Fork Road. (vi) The Castle Creek sanitary trunkline shall be lined wllerever practical. If sections of the trunkline must be replaced. such replacement locations shan be identified to the City Engineer and Planning Department and the least disruptive practical methods of cons.truction shaH be identified and employed. (vii) Where necessary. a1\ existing service lines will be replaced aod up-sized to support the upgraded and proposed con- struction. (viii) All the existing unused or ,unnecessary on-site sewer system will be abandoned in place according to district reg\llations. plans and specifications for all sanitary sewer system improve. ments will comply with generally applied ^CSD specitications and be subject to the approval of the District manager. Recordation of the Plat shall indicate acceptance of the proposed system siting, locations and easements. Final acceptance by the District M<lnager 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 an generally applied rules and regulations of the District, and submittal of executed and recorced easements on the st~ndard District form. (c) Flectricit'l. The Consortium agrees to contract with Holy Cross Electric to install and construct all necessary electrical system upgrades within the Project. Underground facilities witI be brought from three points of connection: Mcadows Road, the overhead substation on the cast side of Castle Creek and the overhead s\lbstatlon on the south side of the Roaring Fork River, All existing unnecessary on.site electrical tinr.s will be abandoned in.place. Routing of new electrical lines will be consistent with the \It\!ity corridor whenever practicable. \I ~""f. .:':., . , . ~ l~ t , :\ ,~ J~ . ~l" ~ .;, ...,~J~\'4''1'-.+ .... ...":.,~::,, .~.,: ';.t. 'i;' .....,:...~. [ r", ,.. ,.... :.:.1.0 1\ ..J..' , . ,:;.. CL.Ml.l'~~'.,;.';.~'ili't .,', ' . ... ~':"';4.~~_~..,....:~'"2}t ~~. \ ~.' . :r'rA'~;..;.""'} :.~,~;:;.~" ":':'-:~"':~" '~""":-"'~'Vl'f:' . .; ,J....;~ .:..{'-V\~~'?~'~. "(" b-,;..t..i.. .:,... .:.. ...:~ I ,;,'1:.1- ~.;::,':(:~~,;..q:.f..~.~""'" .._, J....... '~i .." I' 1~" .'. ",' .:;., ~,.' "..,.,.,--,~. .. ~. '1'_' .,!'~\,.." ,. \;,;._.,.....,.,I.;;..,~..,~.,\'.....~T:..1i... ':t~'Yf,4:;.', ',. .."bi,;'f':n~k}\ !,\~;, :':l:,,:l;<:.' ..:~~"':'W'';,:-'''l~...'~'' ., ~~","'~'\'14\"'\: l#~; , .~..:-."" 1!':~<l . " 'j"' ...: ,",. ;" H:~"J.<'O)7' ,,\,,/,:,".'?: .16: 13 r1..~,; 'I~';("'l.')(\ Eel< 667 PO 746 :Iil'll':' ['<.,\Vt':>. Pj-l;,I",n r.~nt,v Clr~r:'" D,~l'~: 'I..f"'.' (d) ~ The Consnrtillm agrees to contract with Rocky Mountain Natllral Gas to install and construct all necessary upgrades to the gas system for the Project. Underground facilities will be brought in from lWOpotots of connection: Meadows Road and Roaring Fork Road. An existing unnecessary on-site gas Hnes wilt be abandoned in-place. Routing of new gas lines wilt conform to the utility corridor whr reveT practicable. (c) Other UnderP'fonnd tJlilit;cs The Consortium agrees to contract with U.S. West and Canyon Cable Television to install and construct all necessary lIpgrades to their individllal facilities within the Project, points of connection will be from Meadows Road and Roaring Fork Road. All unnecessary existing underground lines wilt be abandonCd in-place, , and neW routing will conform to the utility corridor whenever practicable. (0 pmina"e 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 lOO-year storm runoff as specified by the Urban Storm Drainage Criteria Manual will be constnIcted north of Anderson Park as shown O!I the Drainage Plan. The design volume that wHl be detained is approximately 0.9 acre- foot of storm runoff. A final plan will be sllbmined to the PlIblic Works Director for his review and approval prior to thc com.' mencement of drainage work within the project. (g) Firt'! Protf':ction 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 1""'J:..,z.~ . . k l~ \ , t ~ . __ . .~_ ,",,~.~;;':"~ ...:~~,..~,~;~~:~:~Y;.'; .~.;;~':::~~':?:D~';:.(/~:;,:~:~~.41:::;;::~'~,'3::"0J['~ , , ""'--.,t'. iit~: .-1t..;o.o, ~-.ooi i-' . ~. . . . .r.l.....)~. ~...~,. ;.. ""'''~''~' ,-\,""'''':1'::~1f'f:' . ..,.... ~'. :,;t~~:~ij(;::;; ",....'J:!h....~ ':\ '~'\..::It,,;, "~; , ~\\:r.;:.~..:.. ~', f .. ......~ ,_ . ..;~. ,.- .~. ',,+ . ,t:. "",' .::. .,.;.":;:",,,,, ,-"", , i:i:-. ,,;i:*;;,"','I~~'''>'\, ",:'-";',1'" . .....' \.'W. ".. ....'\:_.....~,...,. " "~::::.I:\:?.;:'... w '.~ ,~M ';~. .,,,;....\b..~.,".....'~ ,~"...,':..... ...... . ~r.r.':.,'lt; 4 .'Iv. :t:..;...!~-\':,l..,:-f-. '1~"(,Q':,7 ",U~", :'1: ",.:'::' R",<,,,,,,,;...:'e' ,M bb7 ':'0 747 ':;l) ,'J,'\ [','",':i:.. ~'!.1:!' f~,.,'..,. (,.~,,:,,"1. !}"~l' ".,~\(, (h) Vacation and Grnnt or F1I.!;cments, The City agrees to vaclI.tc any water t sewer or other utility reservations at such time as these utilities arc either abandoned or relocated in accordance with the Consortium's commitment set forth herein. Consortium agrees to grant any new easements for relocated utility facUities 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. M~dnw!; Road There shall be created a new McadOwS Road accessing the Tnstitute lodge facilities and the residential properties at the Mead"ws. Savanah shall construct the new Meadows Road, Seventh Street/North Street intersec~ dons. and Meadows Road/Eighth Street intersection in accordance with the Plat, The new Mcadows Road shall be dedicated as a public street from its intersection with Seventh Street and North Street 10 the south boundary of Lot 6. Legal access to and from the neW Mcadows Road shall be provided where necessary for the benefit of existing and future properties abutting that portion of the old (existing) MeadowS Road. Such casements arc shown and depicted on the Plat. The speed limit for the new Mcadows Road shall be reduced to a speed below thirty miles per hour as determined by the City Engineer, The old (existing) Mcadows Road shall be converted at the expense of Savanah to a pedestrian trail/bikeway with ownership thereto to remain in the City, Tn connection with the laying oul and construction of the new Mcadows Road approved variations from subdivision design and other standards and clements of the Municipal Code include the following: . Curbs, gutters and sidewalks need not be provided within the d~velopment. . Alleys, paved or unpaved. do not need to be provided. . Traffic control signs shall be installed at the intersection of the new Meadows Road with Seventh and with Eighth Streets, but no 13 ~;.~ ,:~z.rk. , ,:". '., , , ....-....,-.- \-! l~ t , :\ .....' " "'-.i' i1!:i,,:; .~~':::., t"j ....! .... ~~~,~" ...:. . 't.. ': ' , " ,.,1' .. ,~.., ,,,,..t,:...,..'" '" ...;-.0 t._ .J ".#., '.'. " ~:'1. ',,''')',~;':''''( , ,IV. .:~,,~~r.o\,<(""'" ", .~~ ,,,,,,,,;:,,,,,,,"'~''';~'C...;,,,,,.i,."'''i' '.., .' ,,_..I:_,~l~';_.tit.~.~.'<ittW~':""" - .;..!~ " . " ,t"'lj", " . . ", :' :p.-(~.~...~: _,;: ;::,~';~;;'-:,,' ,'. ,..~~"i?:'i'.j-:""'~";'~"'~':',' ~'<' , '.~'.~ .l,-' :!.i",\t.l~"":"?: :;..~~i'~.;~"'l "':'Oli';'I.'"~"i,,::r..,,..;,~\;J'I;o:8','-' ....,.1.... ..,....,...'L'T.'" -,;. ...,' ,...oI....,..~'.j l\.,;~ .,_....''"'t.. _'. .r;....~' f' '.,.'.~' -.;","" - ,..'1" ':,' ,..., "'~' ~\"I:";';"""1'" ~r;t~:.:.r";,;,-),;":' ...... ,':.~~~j~"i~~?'!'."" J'. ::./' :;.~'\:,.-::.t~ . "'':..u.'?i<:J.~~:'' - ~~. ~, . _mt:....>~~t~;~.:r,\".:'M~".. .:".'" "~;'.~~i':.';'; '.','~ ~\, \'. ~34,).::):::7 ':'l/::?J.i./Q:: 16: 1'- ... Gi.1'.'1.;~ I"<i1,'j".. - 'e:>C' '!>4(H).I)(' EW 667 f'G 748 r'j':,:;r. f:nt.' C:>!'l"!.. Do.:;: 'f..')') traffiC signals need be provided. speed zones shaH 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 shan not exceed 8%. All dimensions shan be specified and confirmed on the Plat: - i r-; ~~ r~' X. I , ~ 1~tl ~. .- . 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 SO feet, . The new road alignment shall be caned "Meadows Road". . Street trees lining new Meadows Roadsha11 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 C:(lNDlTlONS OF SITE IMPROVEMENTS: tn 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. 1 'I :' ,'. 2, pursuant to Section 23-S6{g) or the Municipal Code, the Consortium shan 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 " .:,~"~~:';i:: "- ,~; " . , ,.......1.. i?t~' ~:t. 1 ,:" ,~ ,.'!%~~f..<t"}~:i'C\' , "f.'t);\";f,~:;~l,\:;(..f~': _ ~.' .'""..,,-'c" '\." "" '~'J"i,"''i'.'"'4~~~''''-''''';''' ..,'f;.,"!'rt~/t'>;-~*,..:, , :-~:ig;?Wd>.u.,\: ,"" 'V: (~!:W'!.~~, ~ ,;.....";4~...; ",,\;'~i ,,);,,~~,., ,- '".if.,.' ..'::}, 1'.~'I..l;'j).:!J"~'!;",,~~f.,.("."'W~'''''' ,.-",.,:,.37 (>1/~,'/9" lb:" Roc .,a(.".(>(' m" 667 "8 74q ;',il'/i<::. !)~,'/.i'C.;:'i_+:;.-iil C:,\:..''" ;:::1\>1":. Doc "'.(":' succossor(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 irrigatcd. Consortium shall pay to thc City its pro rala share of operation, maintenance and repair costs, plus $\00.00 per year. The lease as noted above shall not subordinate the use of the water right to the emergency nceds of the City for minimum stream flows, hydroelectric powcr, or municipal purposes. 3, Drain.ge design for the project shall not intentionally direct rtlnoff into irrigation ditches or ponds. 4. Utility facility installations shall be restrictcd to roadway, trailway and cultivated landscaped corridors wherever possible. lfutility facility installations must occur outside of these areas, such altcmate utility corridors shall be fenced or barricaded to the narrowest width possible so as to minimize vegetation disturbance or destruction from construction activities and machincry. All utility location corridors shall be inspectcd and approved by the City Enginccr and Planning Director prior to the issuance of any excavation permit. S. Vcgetation replacement necessitated by utility installation shall utilize the same' plant species as the species of vegetation disturbed or damaged. 6. All ditchcs, swalcs. intermediary ponds and detention areas shall be subjcct to appropriate easements for access and maintcnance purposes and be depicted on th~ Plat. 7. Trench box construction mcthods shall be utilized for the utility installations whenever possible so as to minimize site disturbance. g, An trail easements shall consist of the trail width plus twO feet on each side of the trail plus rcquired temporary construction easements all as shown on thc Plat, F, FINANC:IAL ASSllRANCES.: Financial assurances in amounts and in forms acceptable to the Consortium and City shalt be provided by Consortium to ensure the satisfactory installation and completion of the new Mcadows Road, alt utility infrastructure, including water lines. the trail along old MeadowS Road. and the parking facility; provided that only that portion of the tinancial assurances found by thc Public Works Director to be related to the work for which a given construction relatcd permit is sought must be in place prior to issuance of that permIt. The Consortium shalt have the right, at anytime and from time to time, to substitute tinancial assurances theretofore given with another form of tinancial assurance; 15 , .u.,~~';;o;. - . ,~ x. , .f"'- , ~...' ;':..;- ~~~ .~s. ,; ~...,., I I '1. t) . '~: ",-" . ,.:. ,,:~,~ t'$F.I''''~?r:.'!{}'''~ ~ \....~y.'-<~.;.::.,~~\';;Y: -;t:C', !:.... "J;/l~\r.~.,...'.. f:''> ,...... "," " .~,:'" ~ ....~'1-: ,.'A..~.. \4:r.'1.::' ',,' ,;;:;;t.\-,,; :;"/:: ."p' . ~..1;i,;..i1';;~~~~t>::t';:;~:i: ;.:u,....i!...;~.....- ..""...~,1i.I:A.I\'.1!'.',.;..........t...,~.,.._~', ..,.~'..;>..' .,' '_l;'.,l~~ 'o";: . ,;..J.,~.,,;:-..:,:~~;jt.:''''1 ~.'t::.: ~~,;.~ :::.'~ . .,.~'.. , ~~,.~", ,..:.::-t.,.;....f...u~~.;._"rJ'Ilhr.r1.,.,.'t.....".~ ~,;:';t#.~ '",j' CG 750 _,,'d":<- ('1'.....,"..... I/,-!':!' R..H':: '1\,V,o:",>O. av Etb7 """.,~~""Ir:,~,,';.:'.'r:"'.~::.!';~'rnl;V (.l~r\:. DoC <+....."~, ',,' . provided always that such substituted financial assurance is satisfactory to the City Attorney, II. INmVlDlJAL PARCEI.~ . TIlE ASPEN MEADOWS A. !.QIJ . TIlE ASPEN IN<1'IT1lTE: Lot \ is the Institute Property and is zoned Academic (A), Open Space (OS) and Wildlife Pre"crvation (WP), all according to and as shown on the Plat. New development on Lot I has been approved for 50 new lodge units tota\1ing 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 00,000 gross interior square feet, a renovation and expansion of the tennis shop of 980 gross interior square feet and tne creation of an underground parking structure for 97, cars below the reconfigured tennis courts. . i' r- I · ,~ r;s:. t , :\ 1. Dimensional ReQll~ The dimensional requirements which shall apply to all permitted and conditional uses in the Academic (A) Zone District are shown on the Plat. 2. 0ff.~lreet P:\rkine The Institute shall maintain 97 off.street parking spaces on Lot 1 until completion of the underground parking structure. 3. Site fmnrovements (a) ~. At! telephone, electric and cable lines on Lot I servicing the improvements shall be undergrounded. All water and sanitary sewer tines shall be designed and constructed in accordance with standards of the City and of the ACSDand as built easements will be provided as required. (b) ! ..andsrnne Tmnrnvements. Institute shall abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book ",li. at Page .s::-" et seq. of the Records, The landscape plans depict and describe the nature, extent and location of an 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- I 'I 16 .' .. ...~~ ;;:.,-'> ~.~~ "*:~~ '. " " f .-" . :. . ';"0.t:~";' ".. ~ '~. :;. ,~'.: .~.. _l ~,~~...w. { . ,k-, ;..........~\~.. t: ~ .,.~,.. ".' :.::1.. \.~ ...~~"..l"j't.;.'t:.;~",:rJ!~"~k.~";':/!' ....~~~.. . /f' {~~~::""";"':~ ; . ,.-:"Y;~', ~'I.""".:'o''i.,.... ,.<'If-:"', , ~"., ....!'''''..!-.....~. '1:...' ,,\ ...... ..;..('...,..,,\~th"'~' . .. ',' \..,'~' . .i ~...,,~"""{"1"""". '"i.('~_.> ~', ~t'.' ......,. .\0..... ... J' ..' ','-". t'I'>~""" ,<" ,.. '~tX~l~"::;:' - "',~~i;rWk!-~gf!;!'r'?):;Jj};:,; ~t;:,:,,',":r;-, <,~.,:,';,o: ,I,;~:: ~:'",.' 1.'1.':"',"\f' Q!' bb7 p{j 751 '~.L: .:::' r,.;....i,':,. r.,l~,~f' '"~',~'..' Cl;:>I"~' (.ne ~.(\f"' upon landscape features, Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot I Construction Schedule, but in no event later than one year after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been complet. ed, so long as that portion of the financial guaranty provided for in this agreement, which covers the estimated cost of such unfinished landscap- ing, remains available to the City pursuant to the termS of this agreement. An 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 aU 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 townhous~ and restaurant. Written easements shall be executed and conveyed after trail construction confirming the as-built location of each easement. The Consortium and City agree that the racetrack trails are not to be improved. While the Institute is granting the Easements it shall have no financial obligation whatsoever for any trail or related work on the trail around the track or the trail between the Tennis Townhomes and the restaurant as shown on the Plat. I , I . I ~~ ! , 5, financial A~o;uranCes. In order to secure the construction of the site and landscape improvements in ' Paragraphs 3(a) and (b) above and to guaiantee 100% of the estimated cost of such improvements, Institute shan guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lende~ that funds in the amount of such estimated costs are held by it for the account of City for the construction and installation of the above-described improvements. As a condition for issuance of a building permit for a portion or all of the renovation and new construction anticipated herein, the Institute and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shan be delivered to th~ City prior to issuance of the building permit. An 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 andlar pay for any of such improvements or pay any uncontested I \ I 17 ~~..i';;'t;;. j ..-} , c .::.,...-:- ~;<'<. ~.,~ .~"" .. .r . , '., ::J.'':.~'~'o.;.. ',',' ::.:.,~,,;.- ..;....":~r'.. ..~."..~...,.,'. .~oc::' " ""0.,1,<\ "t:,"<';" , "h~';"C\"""';;"<"" '~fitg;,:~::7;:. j "",~:~/"'~i'd~I)::;:;;'::}V :,~I'>!;f.~ ~o.;;;;,__~,".....J'f;,"",.'f&~'"'~'''''~'''''''' ';:";'"':'. ..'.''''; ~ ,~ ..~_r~"'~~'~~-;"^"..J.'it ":'.. ~'.l~.~ ...;~.~~i~~~'~. ;.,. . . \k.~ . ~,,,,~'V;ii.~.....,f),,:,:;::';"':~'-'1.~.~,-.r~~"I'.:l'" :.... .~: ;..~ ..~:~.":f'?~ 1. "'\~'~ ,,' _ "1"1 \"\/ 667 '-'G 7'52 1__ . 'I"' ,-- ",' ,". c",.' "."",.'" ", ' :~O';,::,,~' ;;,:,,:~.' ~~.,;',~ c,,,,,'c":,,1. rm" ..,).) 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 shan authorize the release from the guaranty delivered by Institute of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site or landscape improvements shall be retained until all proposed site or landscape improvements are completed and approved by the Public Works Director. At anytime and from time to time, Institute shan 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. Emtltovee HO\lsing, Under the termS of this Agreement the City acknowledges it has granted lhe Institute a GMQS development exemption for essential publie facilities from competition and affordable housing impact mitigation for the Institute'S existing and neW facilities. 13, LOT 1 _ MllSf(~ "sSor.IA'T'l'S OF ASPlili': Lot 1 is the ,MAA Property and is zoned Academic (A) a"d Open Space (OS) all according to and as shown on the Plat" Current development on Lot 1 consists of the performance tent, the back stage area, a gift shop, a refreshment stand, a box office and a parking lot, Approved new development allowS for a music tent back stage expansion of 1,500 gross interior square feet, a neW rehearsal/performance hall of 11,000 square feet of floor area and an expansion of 100 g:-oss 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 1,050 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 lune 10, 1991, notwithstanding and shall survive. for not less than the three year period next succeeding lune 10, 1991, any subsequently adopted reduction in or change to the definition or calculation of FARs, 1. Qjmenslon:..1 Reauiremenn The dimensional requirements which shan apply to all permitted and conditional uses in the Academic (A) Zone District are established on the Plat. IS 4 . "'f:i..'~";:~:: ,. . ,: \-; ,~ " .. I. ~ 1 i I I ~ i.:;"~'~::'~:/: '-:j' "~-t~. ~~~ -;r~~. ""':'-'"'f<( , .-. ,-,' . .,.,~~'" ,r'.. ....:..~.. "~'1':" t:i~.,.,.,...~.~< ,'~ ..... :::~)t~\~~;':~{~' .~~ }:~~ ; .;~;~";,,~,,,;),~!:,!,~'~'~\~;~14'> ".'''r':'t,...,.~ .'r.. t.;'ii.,.. ." "I' .... '" ~".., "1~'I':'"'''' "'," '(.f.,:::;':','?;.:r .:..... ." ::...~;\L~:_:~;7.~':.:h"':J." '~' .~.~..'..:~(... ..~i'( ':. '.'~,," ."~, .~~'"~'''.I~oI\:'~-a:I'''7''''''''~~ ......~' ,..," .~..'/ll'I'o."'M'':':'M~ ,,,,.. .~'('.."-; :1...~.I\:.o,I.!..:...:. ..- "'~\\''::; /"""'I , ,.. ~~.), roo.. ...., ~. ': ,. ..'~." ~,~. ;"1 .~~I'!...~ 1 ... ' ,~1"c, ""',,,.':~~.1.,....;~ . ,., '" ,....;;..c;.,""" ~.,< ,. ',' ~.,~. _~~W'fJl'..~.,r:-~""~~.J:""'~' ... . . .t~ !:'::.1,:;r.:I:~7 ""l;='t/'-'::~'~!:: ~~,?'". (':;1'LV~;:' i;d':.~;:" r'.l! ,roo c"t. 1'1,"'t'. "r, :.)1.' 667 ::~ '.": _ :-r,;..:, .r .':'(' e:-c; 753 2. Off.~treet Parkin\!. The parking 10lS at the Soulh end of LOI 2 shall be reconfigured to allow for off streel bus drop.off, a new pedestrian trail through the parking lot, the ad.jilion of bike racks for coocert goers and parking for approximately 274 automobiles, as shown on the Plat. 3. Site Tmnrovements <a) ~. All telephone, electric and cable lines on the p,operty servicing the improvements shall be undergrounded. All waler and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and written easements confimiing the as.built location thereof will be provided if and as required. (b) T .and~c~ne TmnrovementS. MAA shaH abide by and substantially conform to the tree removal and landseape plans as recorded as part of the Plat in Book ~ at Page ,~, et seq. of the Records. The landseape plans depict and describe the nature, . extent and location of an 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 aU ground surfaces (e.g., paving, turf"gravel, terracing, etc.), decorative water features~ retaining walls, fencing, benches, and another agreed- upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staghlg of improvements as contemplated in the Lot 2 Construction Schedule, but in no event later than one' year after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding 'of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been complct~ ed, so long as the portion of the financial guaranty provided for in this agreement hereof which covers the estimated cost of such unfinished landscaping remains available to the City pursuant to the terms of this agreement. All tree replacement. shalt be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Financial A~~llran~es. In order to secure the construction of the site and landscape improvements in paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of such improvements, MAA shall guarantee by irrevoc.,ble bond. sight draft Or letter of commitment or credit from a financially responsible lender that funds in 19 ..,,:. /.~.-:,...:.~ . . t.- := . ,~ ,;,; t ..... , " . I " ':\ \ " , " , I , /""'j :-,~:':. ,;;;.' ~~ ~..:;. ""It.;''-'::~ . ' . ;'I~ \~.;.J ~,~~.~. :. : ~:",/~!> ':. "': .-.:i;;:',:"'h. i:?' ~..~~';:;"r." ~~ ,. ,. .', .~"".,~t~,..~. tJo....:.:..;,.., "\r"':l~ ,...:t.,\..,...,.tl}.~.-.. ,~~,;"':6.'~;,2;1:.\''1),, '; "r.. ;~t;,;<~<:~;'r!~~~1t~:,..;,~i~:l:,':', >~~i'.'.;:~.:.'!"" 1;::'; . l4<L..::~~t~lf'~.$~~~'~:"~ '~,n'::'> .".~~,:"...",-~,.~,......~....~~;.;t '.,~"'. ~",:,,\'.~~:\~:..~.~'...;~';~.~ i'~,~,,~:~~ ~.: . ,._~. It,.. 'lH"~';""''':~X4.'t!:~~... " }to't,. ..t(J."lo~.~..t;~::"l"";.t.\ - , 'l~ ...... 'l';./F.'Q7;"" ,)1/':4/9:: 16: 13 R(~~; <t.4')('. ,).) '!?v. 667 PG 754 S...Jvl? f.\:~":,''-, F'itt.'\\'; Crd:.V c~er'k. Do,: ~!;Jll) the amount of such estimated costs are held by it for the account of City for the construction and installation of the above..cIescribed 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 shan 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 SOt~.."'t and the mutually agreed upon financial assurances shan be delivered to the (....y 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 ~ fonowing default by the MAA, notice thereof by the City, and a forty day n. "r th':"'!'C:lfter to cure, to, withdraw funds as necessary and upon demand to pan.. : or fully complete and/or pay for any of such improvements or pay any lllh,:onlcstcd outstanding bills for work done thereon by any party, 'with any ex6;..<i5 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 shan authorize, the release from the guaranty delivered by MAA of the agreed estimated cost for that portion of the improvetnents,except that 10% of the actual cost of the site or landscape improvements shall be retained until all proposed site or landseape improvements are completed and approved by the Public Works Director. . At anytime and from time to timc, MAA shan have the right to substitute for the form of financial assurance siven, so long as such substituting form meets the requirements for form "nd content above set forth. Any such substitution shalt be subject to the prior approval of the City Attomey in his. determination. 5. Emnlnvee HOllsine Under the terms of this Agreement the City acknowledges it ha.o granted MAA a GMQS exemption for essential public facilities from competition and affordable housing impact mitigation for MAA's existing and new facilities. C. I OT 3 _ THE ASPEN CENTER FOR w.YSKS: Lot 3 is the Physics Property and is zoncti Academic (A) and Wildlifc 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 deveicpment with appropriate review is not precluded. ,0 l.-- \ . !~ ~ , I. :\ I " " '. \ \ \ , I ,-" f ) ej ~~t -;"'::... ". ~:.J~ . _ :t"l':..?~-:'" '~"~It,:, . ....,~'):-\.~~(::e.~.~ri;-'!. .;::~~ '. {...""r(;..,'~t,.~,... ...\;"'......~"....(....:;. "',\?-.:,;., ,,? '~;i~~~'2i'i~;:,'~:,~, "Jfil0~~]~~:;~,lj;;i!::'..,,' .,' ~"'~'.";'~':'1~ '~'" :v, ',';," ;.;.'''';;:'~'"'''-~ .' ~. :'.t, ,. 3.:, vU)).;,~.~~"'\f~it ~'(1~ ..,~~ ~-,""'Y...:..;v~~~''''(f~-':~ ~ ~31l(,'1J7' 1"1 I:I.I'I"~:: ! 6: 1 ~ ';:'l?(: l..~(":\. ,y, p.f" 66.7 rG 755 Silvl..:.> D<1'.'j,,,,,. P~U.'I' Cr1tv r.l',,~I'I.. Doc:' <1.');~) 1. Site"TmnrnvemcnlS (a) llti.1.i.1its. Physics'shall install and hook up to a sanitary .sewer service for all buildings currently not served. Such improvements shaH be inspected and approved by th. Aspen Sanitation District and shall be conveycd to the District upon completion, inspection and acceptance by the District. Physics'shan, 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 tater than thirty months from the date of recordation of this Agreement and the Plat, 2. fin~ndal AssuranceS In order to secure the construction of the site' improvements in Paragraph 1 (a) above and to guarantee 100% of the estimated cost of such improvements and related re-vegetation of disturbed areas of Lot 3, Physics shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs arc 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 thcreon 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 releascd to Physics. As portions of the required improvements are complcted, the Public Works Director shall inspect them, and upon approval and written acceptnnce, he shan 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 untit all proposed site improve. mcnts 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 aSS1Jrance given; so long as such substituting form meelS the 21 -- .' ~ ;s:. , ~ tl , ...;0.,,::- ~ ~s. " .~.....;~ :." ~~~':l",,,~;:..;;.::,,:~.~,,.\;.~,, '";;,,,.~):'c,"''''''''''I='''''~'';;'';'"<'' > ','," > ,>~>,r,\r:ii"". t?'.!':' >,,-c' '"""'i!.g",,~ "\~"}~,~""', ..'" ,:~.,.:?:~,......"""U~},~" '. ;; .,:t"~~:l;:.::i'~f\~~~" , .,;;;';":-'-;1"_"0, .;....~ "-4i~~'V:-S..~"" ~'4:'\i.....~IJ.dt~i' ,.......^:.i".;l..~.i .. . ... .' ......3 " . .' ~...:~;l~:::~~.' "j . J~ " .;~,:-;~':.:':~~;..IC, ." ..1.:;~f~.#,.;..i.~J~J,.;~~~_..: .,.t.,,~", '>I/~,,/n~ ,,,,!'3 ":"0 ""';"",,(, ",' 667 Pc. 756 s, i ~'i" Dc,v"'" c', "",c, en'-'- ':\0" '.' n~c '.0':' requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination; 3. I!IDl1 The Final Plat depicts a trail easement acroSS the Physics Property from Gillespie Street to the race trocktrail on Lot I, 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 I.AN12: Lot 4 is to be sold by savanah to the City of Aspen for the purpose of open space, Lot 4 shall be zoned Wildlife Preservation (WP). It is the intention of this zone district that this Property remain open with a trail system and appropriate bridge connections to the Rio Grande Trail, Neither the Consortium nor any of its individual members thereof shall have any responsibility whatsoever for the construction, installation or maintenance of any trail or other recreational facilities to be incorporated into Lot 4. Exact trail locations must be approved by the planning Director giving priority to those alignments which minimize damage or disruption to existing vegetation and landscape and which subordinate grade considerations and, tbUS, minimize switchbacks, to preservation of existing topography. 1. Site tmoTOvemCT\ts (a) ~. The Final Plat shows utility line casements' as existing and proposed for electrical, gas, storm and sanitary J;e\VCt, :tnd water. E. 1 aT 5 _ TIlE TRll~TEF. HOllSF.~ AT THE ASPEN MEADOWS: Lot 5 is Savanah's Property and is zoned RMF according to and as shown on the Plat. Existing development on Lot 5 consists of the eight trustee houses, each of approximateiy 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 dweiling unit). FARs and the deGnitions thereof for the existing and new trustee houses shall remain as set forth and deGncd in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive for not less than the tim.. year 22 - . ~I , I ~ ,t""", \ .4 ,--', '. , , .. .......t~ ii;'J>.. ..J..;,t-~~ ~~, , 1 . .""..,\;.\;. ...... ~'t:~., ,~~., )~".,: .... . "~~' ..~ .~- ,.--:/, \;,.,,, .~-(. "~I '.. , ",,,,,,,.,,,,,,,- 'J. ~',~,.";,\i~'jtflt.;",, '~,"""......~..I.o41~:;9,\"'r,:~:_~: " ~",.:..... \ , . , . . "t'~"'~" . ".~..~,~.,-. :,':'~~~1i.'~"':1~''.t~~:~~\ ." '..... ,/ ,,{f,:-J~ ?g-l~ u.;?';,;'k~,~i :i\ ,...:fr~~I,.l}~~l~"~~:f"~':" . '.~ '.' .. ':':;:>:i~\"'''':''''- (: '''{'. '::;:4:";,i'!. 't""~'."r.:~..:,,...:n.'" . ~.'..\~, :':,~~~';~~" . '<;":'~,~..\.;,;,::"~'!'t'lt"!'~~;,'! ":"'."1'lf!~'~:#-,,'I:. '...~;...,...1'..~...,. ...!1""".-..^""...... . ".~ .. .' .'.~Y ; ..~((.:.rl...:..!.."~' 1-~(:;?~~.t, -(. ? . . .i~~' ..~.y.,:,> :~).~.~:~.,.~... .... ,.,,".._.,.,..\...,.~. " .'1' .:'o,\," 1:I:34r)C?;.7' 01/24/": Ib: '3 Ro?t: .t.40(,.('l(1 En", 667 PG 757 ';ilvi?> n;~Vi~5. p.;~~ ;.:"'l en\'"... rl~rk. !:>oc: 'r.Oj., period next SUcCt~cdmg hll\C ll\:~iJl, any subsequently adopted reduction in or change to the definition or calculation of FARs, The three new iesidences have received an allotmcnt under the GMQS and have received variations for setbacks, height and open space, as noted on the Plat and as described below. 1. DimensioMl Reou;rement~ and Variations Therefrom The following dimensionai 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. n.): 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 ,. . ~. A variation from minimum RMF Zone DistricI front yard setbacks for acccssory buildings has been granted by the City to zero I<.'Ot for Lot 5,) t; ~~ ;, ,.:: t,.x. -" , ,:j. ':1 e) Minimum side yard: 5 reet f) Minimu:r rear yard: i) Principal ouitding: 10 rcet ii) Accessory building: 15 reet g) Maximum height: 25 reel h) Percent or open space required for building site: 35% I 'I ~ ' ,\ \J ~, A dimensional height variation for the Iwo northernmost trustee hc"'cs has been grantcd by the City for up to eight fect.) 23 ~;J\~ -!!'ir'.' .. ...'~ 'fI:....~." f"., (""\ , ',,,, .~,,;,...:. ~'l~;;'\~~\" i;c'\E:';~ ." ",:.~\-,;:F\;fl/' . .' ':;/ ;"', ".;' '..., ,...~~,.;;.i:l1if~.'.<~,<lIi::,i .', .. ,~'!t.iis"}~~:..' ~:,;."........ _~t..'.~ .~~;'t.~.;'!.~i:~,;':i~~~:: .... of:' "._,'.\.}~~~- :, .~ ::~ ;i':~ "."1>"!~''''(~'. ';-:.( "l.l;,~. ' ,'I\\'\'f~;"A'..~"..~,l};;" !~:~I~('<";-:::" ..,:i:.l"~~ \:,: ~.. "n., 'I,.';""".'''''' .,...~ 667 ;..r: 7'SS .:';,:' r':, "',1\ L:' i'r,'.. '.,....\.1'''.''. . ,...., (Mme:. Minimum RMF Zone District open space rcquir~'lll~:'ts have been waived by the City for Lot 5 in consideration of the open '\r'\(.'~ otherwise provided in the SPA development plan.) 1:\ i) Extel'Oal FAR (maximum): no rcquircmel't j) k) Internal FAR: 1 space per bedroom Off-street' parking requirement: 2. !:9ndnminiumi'1::\tion :\nd ~ix Month Minimum I e:\~e Re-ol1ircmcnt pursuant to findings made during the approval process and in accordance with Section 24-7-1007 of the Municipal Code, the City h", granted and .warded condominiumization approval for all cleven units c.onlemplated for Lot S. Condominiumization of the eight existing units i~ subject to payment of an affordable housing impact fce according to Section 24_7_1007A(I)(e). The ree totals 564,240 and shall be paid at time or recordation of the condominium plat and declaration for the units ,lO Lot S. The sj~ .month minimum lease requirement for condominium units a':i con~'lined at Section 24-7-1007 <A)(l)(b)(l) of the Municipal' Code has becn and hereby is waived as to all the condominium units on Lot 5 as approved by tl1is SP/\ plan. 3, Si'~ Tmnrnvcments (a) ll1iliJkI. All telephone, electric and cable lines on the Property servicing the ,improvements shall be undergrounded. All water and sanhary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and written casements will be provided jf and as required confirming the as-built lO\;~!ion of each casement. (b) ~..Md~c:mc lmnrovcmcnts. SLvanah shall abide by a.nd substanlially conform to the tree removal and landsca(lc plans recorded as part of the Plat in Book -^ 1 at Page ~. el seq. of the Records. The landscape plans depict and describe the nature, extenl and location of ail plant materials in appropriale relation to scale. species and size of existing plant material, flower and shrub bed definition. a plant material schedule with common and botanical name:li. sizes and quantities. proposed treatment of all ground surfaces (e.g., paving, turf, gravel. terracing. etc.), dccornlive water features. retaining walls. fencing. benches, and all other agreed- upon I:mdscapc features, 'Such landscaping shall be completed in a logical sequence coml11ensurnlc with the stnging of improvements as contemplated in the Lot 5 Construction Schedule, but in no event later than {me year 24 .- - i t-; ',~ l' .." >, ..... ,~.. , Ii I " ~ ~ .~ ....,.:', ;.:t::..;..I1. "'7."... -;r-,.". 't.;....., ,..... " .., ("'l !,. .' ;',,::,:'..,.", '~'._,;;;,:;':<~J~~{t::L:'" , i~tiir~:::: ~j1:)!;,~i",;~!~~}i{" '1-,.1':<~":';' ... \ :~I!.l':-:' it..:!. 1 f.::o.::'~; '!"V'(\. ,.,.\ m" 667 r'G 759 ':. ~...,.. r..:!'/:";. r':r.,i'n '~I'\'" ,-:l,:~r~. n.....' ,!",.","'-.> after the date of iss\lanc~ of the Certificate of Occupancy for the final phase of improvements. It is the mutual undcrst.1.nding 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~ cd, so long as that portion of the financial guaranty provided for in this Agreement, which covers the .:stimated cost of such unfinished landscap~ iog 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 1 112" caliper. 4, Imili The plat depi~ts all traits dedicated or conveyed to public use and all casements linking off-site trai1.s to the project's trail system, including the trail casement between the tennis townhouses and restaurant. Written easements shan be executed and conveyed after trail construction conlirming the as-built location of each easement. A portion oC the trait Easement for the trail from Meadows Road to Lot 4 cros~es Lot 5, as depicted on the Plat. Trail construction on this Easement and any other appurtenant recreational facilities and amenities and lan,dscaping is the sole responsibility of the City of Aspon. Neither Savanah nor the Consortium shalt have any financial responsibility for any of this work or for the maintenance of any casements. I - ! I . it: ,x, , 5. Fin~nci~l ^!i~llranCes. In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above-described improvements. As a condition for issuance .Jf 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 tho work outlincd in Paragraphs 3(a) and 3(b) above reasonably necessary to complete the wor:-: for which a permit is being sought and the mutually agreed tlpon financial assurances shalt be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanah to City. in aU events, shan give the City the unconditional right. upon and fonowing default by Savanah. notice thereof by the City, and a forty day right Iherearter 10 curc, to withdraw funds as necessary and upon demand to partially or ruBy complete and/or pay for any of such improvements or pnynny uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applicd lirst to additional administrative or legal costs associatcd with any sllch default and the repair of any deterioration in improvements already 25 ~... . /"""; ,....." ,,::,., t',' .' 1-..'" '. . " "~" ---------- ~;~~ -;i"'..~ ....:......" ,;.:,:\i,~';;LkB:\~{";' t~':~:;,:\;:/J:2g1s:~~)~;t:~~~:. ,,-It.. .,...,..' '. ,,,....'".,i.<i,!l1.,{r.~,,.~..,,' ....:: ", . .~~..~A....__~~,..~'1.;~i;.~~.~:.......',-;,.....;w.:.:.;'",' a',;..,",. , ,- , -,.(1.!"4 ..;..;,.,~;.;jc...: ", '!~ ~::,: :.....~. ::~~l ..01 . ~ '". i:.;. .'.' :..~,-..v..,:),~~A"..:/o~~~":.~:!f~:t~.;...:, ;~ ,... ... " tt-:r,"l'~.":;7' ;-'1/:11 ''7~ l~.~j'j ~'I'i:'r: 1.'1("".<"-' PI 667 r'o 760 'JI.~"l...\ ::,.,"..'i'.. r',!'I'~'l ~r"" i.':.~'~. 0..... ~.'.,..' 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 Dirct;;,or shan inspect them. and upon approval and written acceptance, he shalt authorize the release from the guaranty delivered by Savanah or the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site or landscapeimprovemenlS shall be retained until all proposed site or landscape improvements arc completed and approved by the Public Works DirecttJr. 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. F.mnlovel! HOl1sine. 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 shalt be paid in proportion to the number of units sought to be permitted. F. lOT Ii' THE TENNIS TOWNHOMF-~ AT THE ASrEN MRAOOWS: Lot 6 is owned by Savilnah 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 sevcn townhome units of three bedrooms and 2,500 square fcct of FAR each. Total build out on Lot 6 shall consist of seven units with twcnt\,. onc bedrooms and 17.500 square feet of FAR. excluding carports (up to Soo square feet per dwei1ing unit). FARs and the definitions thcreor for the existing and neW trustec houses shall remain as set rorth and delined in the Aspen Land Use Regulations in errcct as or June 10, 1991, notwithstanding and shall survive ror not less than the three year period next succeeding June 19, 1991, any subsequently adopted reduction in or change to the delinition or c:tlculation or FARs. The seven new townhomes have received an allotment under the City GMQS and have received variations ror hcight. open space and setbacks for necessory buildings. all as noted on the Plat and described herein. 26 I - I \ . , ,~ ~ , I, .\ I ~: '.. i. . 0i6. ~..:-~: ^ r"""\ ~",;.,'..:' ),',;:\~i::i;;(V>', ,,/j:::-i.l y~,?~;:,~:': ,: ,.'..'....' ,.., ," ''''',..~",.'',,'',.1~'*, ,'.. .;~~,~..~...i-:;~ l~'" . /.1i ::;:~7:~\:i~{;'~.'~: .~J.... ...... ; ~;'-i:.~ :,'::ri,~,,~~',;~:~;s;,;;~b.;~;,. '" !.l.'':,l,,'i~~' ",;":~'1/'7~ 1," 0"./., ,~... q 667 r.t;. 761 ~. , r<.", ~. " . ,.; . .:'.~ ' r.'.~ ~. . ,.,,', 1. Dim n. i 0...1 Roil' rncnl "oct Varia.tion Th refr m 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. 6,000 a) Minimum tot size (sq. fl.): b) Minimum lot arC3. per dwelling unit: 3,630 sq, It. i) 3 bedroom unit: 60 feet c) Mtnimum lot width: d) Minimum front yard: 10 feet i) Principal building: 15 feet ii) Accessory building: (J~!.o.u=.. 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.) 5 feet c) Minimum side yard: t) Minimum rear yard: 10 feet i) Principal building: 15 feet ii) Accessory building: 25 feet g) Ma.ximum height: (l:!2l!:. A dimensional height variation for the center portion of the tennis townhomes has been granted by the City for up to three fect as shown on the PiaL) h) Percent of open Sp:1CC required for building site: 35% (l:!2l!:. Minimttm RMF Zone District open space requirements have been waived by the City for Lot 6 in consid"ration of the open 'pace otherwise provided in the SPA development plan.) 27 I - , i I \ .~ , ~...,::;' =,~ ';;';".: ... ~:o., "",:...::-l , " , !If""".. , A ... , " ,~ i}FiJi:,ii" 'fti~t.:;'i'" :.~~::.,.x;;i" ,,!,' Jj "I""'!t!;:'''=~,,~ ,~>. ,'!:...... -"..., ~}'~E.e>;!~~"'~",\ ;'::"r",,' ~,:::f':;;'l,:;: :" . ,:..0,ol!....t;. ...... '.'~ . ;.'t'l.;. .) ~~:."'... 4 ... ~ ~.. " ,:...~ 0' ,~~.-t . ...",," ,,;:"'.....: }. ..;r.:....' \,. ..,:.':'o.~..,.~,..:.... r'G 762 ;~~,~':~7 ;~:,';;':";~.. :';',' ;:,'~'''' "I:~,;;'7',""~.,.,~',~~;, \:\ i) External FAR (m...imum): Internal FAR: I space per bedroom no requirement j) k) Qrf.street parking requirement: l;rem n n miniumi1 ion n ix M nth Minim 1m t 2. 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)(l) of the Municipal Code has been and hereby is waived as to the seven condominium units on Lot 6. 3. (a) ~. All telephone, electric and cable lines on the Property servicing the impl'l'vements shall be undergrounded, All water and sanitarY sewer lines shall be designed and eonstrJcted in accordance with stando.rds of the City and of the ACSD and written easements will be provided if and as required confirming the as-buill location of each easement. S,ite Tmnrovemcn.!S. (b) lJInd,c.ne tnmmvemellU. Savanah shall' abide by and substantially conform to the tree removal and landscape plans recorded as part of t:,e plat in Book ,;J$.. at Page .:; _, er seq. of the RecordS. ' The landscape plans depict and describe the nature, extent and locatior. of all plant materials in appropriate relation to scale, species and size of exi,ting plant material, flower and shrub bcd 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, tiC,), decorative water ieatures. 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 late' than one year after the date of issuance of the Certi ficate of Occupancy for the final phase of improvemen"" It is the mutual understanding of the parties that CertificateS of Occupancy ....y in fact issue for improvements even though the landscaping improv<'1l1ents rel.ted thereto have not yet been complet- ed, SO long as the portion of the financi.1 guaranty providcd for in this Agrecment which covers the estimaled cost of such unfinished lanrlscoping remains available to the City pursuant to the terms of this Agreement. All 28 " ,- . l' t; ,~ rJ:, , j l I \ r-., t"""\ ik~~ ~~. ,~;:, ,~,:;;,;!!~~ri.~f;:;' I:: ::~::</""';~S0:;'~~;lf\::~f. ,,""1" '..,-,.,... ,~"'.,'.',..j\I'~ ._-~~.. ',', ." ", '.f!!._".w." ~".......... _1'5:;1..::::''!...I.. "';'(:,:r.\.....;.:,r.~IF; .,- ..:.;........ .," .-~ .~ ". .. .,; ," ..~...~'~" . "'; ...: ...... ',Iii....:j.~ ,R.......;~.;..; ;;;.;;;;:J.t- '''; .. ,Jo :J" ,:~...~..~.~.~~.:~~~. '!-\ ~~ .,.:.... -t',.'\.:,'~"':7' ,',' !:~,l "~:. I....: '.~ I;.......; ,~..V...,...,.:. FI~' 6671:>('.763 S.l.,:.- !),;.,,: _. ":..' ::. i,~I., C;..,..~, !);'" '1-,("-' tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minirr,um size at 1 1/2" caliper. 4. J:!llili The Plat depiets all trails dedicated or conveyed to public use and all easements linking off.site trails to the project's trail system, TwO trail casements are associated with Lot 6. The first is a minimum three foot wide unpaved walking path which parallels the Meadows Road on the Eastem edge of Lot 6 and the second is the easement on the Westcm portion of Lot 6 to accommodate the construction and maintenance of the trail from Meadows Road to Lot 4 and aeross the Roaring Fork River to the Rio Grande Trail, all as ~.picted 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 oonstruction of the improvements on Lot 6, Savanah and the City acknowledge and ogree that :,11 responsibility for construction of and paymont for the tmilto Lot 4 and any other appurtenant recreational amenities permitted in the zone district and landscaping is the sole responsibility of the City. and Savanah shan have nO responsibility for the maintenance thereof. 5. Ein";l.nd::l1 A~"Ur.l:nce.s. In order to seeure the eonstruction of the site improvements in Paragraphs 3{a) and (b) above and to guarantee 100% of the estimated cost of such improvements, Sava>lah shall guarantee by irrevocable bond, sight draft or letter of eommitment or credit from a financially responsible lender tho< funds in the amount or such estimated costs, are held by it ror the account or City for the construction and installation of the above-described improvements, As a condition ror issu,mee or a building permit for a portion or all of the construction anticipated heroin, 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 pormit is being sought and the mutually agreed upon financial as,,,ranecs 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 followin~ default by Savanah. aner notice thereof by the City. and a forty day right thercaf,'" to cure. to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for allY of such improvements or p..y 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 aceeptance, he shall authorize the release 29 ,. . L-I i': ~~ t , ~ i, ~ t [ ~ ,.-, J ~:.. ...,:;,. ~~-:~ -:r-..;:. ~..-:;." 'f .;..,......~.:~~~:Jt,: ....).~.; ...;.;;..;;'.; .". '':1~.;...' ," ~~i,.~~~~&t)).~~~fal:~",~';'''~ ';" .;" ..:' A<Ytf<"~>V:~~ . ,,::,-.;:.{\:;~(?-!.1{ ,a:~'i~'>oiH>-'" ..,,,~,..,~~''''t-..,!,;.;~~,lZ ,..., ..', ,'<l1' ",.,.,..,.. ._. ' ,,;c,-:l"~"::l'<'.' ,,,~~;"',,,,'. .....' ,:',~~: ;..,;'.....: ~ :,..-;io .-.. "o",:'9C,' ,.' ::.,;~: .", ',~ ",i" ."..,r".'" rN 6670'8764 S.":. Do"" c'..., Cn... C'.'~' ~~, .,~. from the guaranty delivered by savanah of the agreed estimated cost for that portion of the improvements except that 10% of lhc actual cost of the site or landscape improvements shall be retaincd until all proposed site or landscape improvements are complcted and approved by lhe Public Works Director, At anytime and from '.ime to time. Savanah shall have the right to substitute for the form of financial assurance ~ivcn. so long as such substituting form meets the requircments for form and content above set forth, Any such substitution shall be subject to the prior approval of City Attorney in his determin"tion. 6. . EmnlnvP-e Honsinl!. In connection with the construction of the seven tennis townhome townhouse condominium units on Lot 6 Savanah shall pay to the City an affordablc housing mitigation impact fee fot 1.66 ,loW income employeeS pcr unit for each of the seven neW residcntial units on Lot 6, in an amount to be calculated pursuant to those fcc guidclines in effect at the time the fce is to be paid. The f.,. shall he paid prior to the i"uance of the building permit for eonstruction oi any new residential unit on Lot 6 and shall be paid in proportion to the numbcr of units sought to be permitted, -- G. LQL'i 7 8 9 and 10. TFF. RF.5lDF..NCF.'i AT THE AS,l'F..N MF.ADOWS.: 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 wilh ar. aecessory dwclling unit. Each lot has a FAR of 4.540 square fcct. excluding 500 square fcet of 1, arage. but including the accessory dwel\ing unit of 500 square feet above grade. fARs nd the definitions thereof for the residenceS and the accessory dwel\ing units shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of lune 10,1991. notwithstanding and shall survive for not leSS than the three year period next ,.ccccding lune 10. 1991. any subsequently adopted reduction in or change to the definition or calculation of fARs. The four single family units have specific 'ouilding envclopes as shown on the Plat and will be subject to protective covenants that will be placcd of record prior to the sale of any of Lots 7. 8. 9 and 10. which covenants will. .t a minimum. provide for (a) the establishment and incorporation of an association of homeowners with a Pesign Review Board. at least one me,",e' of which shall be dc<ignated by the City of ASpcn Historical preservation commission, which Board shail h"'" original jurisdiction in ail matters involving any chan~e to the then existing state or c,,"dilion of any lot; (b) the manner in which each accessory dwelling unit on any lot ';hail ~e used. occupied and renled. including the incorporation of applicable standards ,.,id gddelines of the Aspen pitkin County Housing Authority; and (c) the obligation of "ch of Lots 7.8.9 and 10 and each owner. at anytime, thereof to comport with and . ~!i. , 30 I""l 1 ,...~} li,,-,< ~S;~t':'("'. n . ' :t: {.:.:!~';""~' ,". ~:;'ilt,:;'" ..:,-y~ .,!.~..~.:>~~ ~ _.(."~' ~~.-". t,.. ;..( ". .~" 'J.-'~" ~"...," ~.:l, . .... .q;} , , .:~...~. ..'~""}o ..,~.,: , ._' ,.....;:...~..tt......~)~,"'""'V)"4 ,.~:....~~'t....':'.::.:.......~ ....~.~ ,'- fl."3il(,~::7 ,"~I /:':-'l./'?:~ ~h: 1"'3 ;":-'..0( +.:\.l:">' I ..:. 'f'~.' 667 ,-.r:, 765 S\lvi:) D..-,...l.~'.. r:~f if' r::<."; r:l,,'rl. f"~I' ...,..... abide by the applicable terms, provisions. and conditions or 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 dwe\1ing and minimum side yard setback requirements, as noted on the Final Plat and as described herein. 1. Qirrlen<ional Reouirements . The following dimensional requirements are forlhe R-lS Zone District: variations in these requirements that have been granted for the dcvelopmrnt activity contemplated for Lots 7-10 are noted: 15,000 sq. ft. a) Minimum lot size: Q:!9.!!::. The minimum R-15 zone district lot size per principle dwdting unit has b..,n reduced to 12.000 square feet for Lots 7, 8, 9 and 10.) . b) c) Minimum lot area per dwelling unit: 12,000 sq. ft. 75 feet Minimum lot width: d) Minimum front yard: 25 feet i) Residential dwelling: 30 feet ii) Accessory building: ,10 feet e) Minimum side yard: ~. The minimum side yard setbacks have been reduced by the City under the SPA to zero feet for the West side or Lot 7 and the East side of Lot 10.) f) Minimum rear yard: 10 feet i) Residential building: 5 feet ii) Accessory building: ~. Rear yard setbacks for Lots 7-10 are as shown on the Plat.) 25 feel g) Maximum height: 31 " /' 'f'" / y,,' ' , " /' (j;r()",''',;i'~:fl ) . '. ,p..~"IJ', ",. .' 1 , '/ ~"'j"r ,~ j. .. /, i,/"'" . .. I""': f) :.:::......:. ~:.;...... .,' .,.... ~-:~::. " !l' " if:" . . J_"'#.~::" ",,' ., .>:._._ . ,;",,,,,~,:"lr':;.i.~'.i. "i.~':;~' I'.: ~t:.'~ ~ , ' . . "','. . r-.....:j..;,...a,:; .~;:~.:i;t.:"~Li.L' ,:(.,-,.-:",-;- "I. .. .: : -:-: ~ . .,.. . ' ," '" 667''':- 766 ~ . .. .' .- c, ,. c:,. h) t-.linimum distance between detached buildings on lot: No Requirement 10 feet i) Percent of open space: 4.540 sq. ft. j) Exlc:r:lal FAR: ~. The square foot.'ge includes an accessory dwelling unit of 500 sq. fc and excludes a garage of up to 500 sq. ft.) no' requirement k) 1) Internal FAR: One space per bedroom. and one space per accessory dwelling unit. orf-street paddng'spnccs: 2. Sire Imnmvements a) ~. All telephone. electric and cable lines on the Property servicing the improvements shan be undcrgrounded. All .....ater and sanitary sewer lines shall be designed and constructed in aecordance with standards of the City and of the ACSD and as built easements will be provided as required. It shall be the requirement of Savanab to install all utilities to the lot lines. The utilities shall be installed in connection with the construction of the new MeadowS Road. 3, financi~l ^!;~urances. In order to secure the construction of the site improvements in p:o.rngraph 2 above and to guarantee 100% of the estimated cost of such improvements. Savanah shall guarantee by irrevocable bond. sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above-described improvements, As a condition for issuance of a building permit ' for a portion or all of the utility installation. Savanab and City shall agree on that' portion of the work outlined in Paragraph 2 above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanab to City. in all events, shall give the City the unconditional right, upon and rollowing 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 andlor pay for any of such improvements or pay any uncontested outstanding bills for work done ther<:on by any party. with any exceSS guaranty amount to be applied first to additional administrative or legal costs associated with any such 32 ....\'.. . . .~'.:tc.. ':,1' ! " ~,..'\ . ,\ r<' ~ ......., ). , 1^~.J J " ~ t .. ~ . t '~ . 1 It: l:.s:. 't , ~ ~..) t'- ~ !, ; <, \ .... iG:,," . --r" ~"...,~~. r') rJ .'......;. , "1t~,;,_ . ".J" 'p' ,,~..:.~:....,~;,~\L'-~...::.. " ',p ~.i~.::; ,,'.'~~'.. ....., .. ' . ~.\~~ .: . ../ ~:r' . "'..;, '.."J.lf.., '. , ~ . \, ,;:' ',;.' ..' ~-~. '" bb7 '1,.'-"" ro(. 767 ""',." ."~""- ,', .', .. :'.' .::::. r,.". derault and the repair or any delerioralion in improvemenls already eonslrueted before the unused remainder (ir any) or such guaranty is releascd to Sa"nah. As portions or the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the lelease from the guaranty delivered by Savanah of the agreed estimatcd cost for t1..t portion of the improvcmcnts except that 10% of the actual cost or the site improvements shall be retained until all proposed site improvements are completed and approved by the Public Works Director. At anytime and rrom time to time, Savanah shall have the right to substitute ror the form or financial assurance givcn, so iong as such substituting form meets the requirements ror rorm and content above set rorth. Any such substitution shall be subject to the prior approval or the City Attorney in his de,termination. 4. ~mntovee Hotlsina In connection with the consttuetion or each single ramily residence there shall be constructed an accessory dwelling unit of 500 square reet above grade. These one bedroom units shall be deed restricted to the low income rental guidelines in erfect from time to time as determined by the Housing Authority. It shall be the responsibility of the owners or <'Och of the rour single family sites to lease the employee units to qualifi,:(\ tenants as determined by the Housing Authority, The owners shall have the right to select the tenants. A copy 0: the deed restriction form for these residential siles is attached hereto as Exhibit "D" and is incorporat~ ed herein by this reference. At the time of application ror 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 ofr-site employee unit. The decision shall be at the reasonable discretion or the City, H, ADDITIONAL PROVISIONS AND AGREEMENTS: 1) Al'Ce<s/F.mcr.enev 1.000', The thirtcen foot service aceesslemergency loop drive serving the lotlge buildings on Lot 1 shall be constructed with an all weather surface adequate to support tire-fighting apparatus. Such access/emergency loop drive(s) shall be plowed, cleared and maintained to thirteen foot widths at all times of the year and 'particularly during the winter months. 2) Fire Protection. All buildings to he served and accessed rrom thc thirtcen root access/emergency loop drive shall have interior sprinkling fire protcetionl suppression systems as approved by the Fire Marshal and such system(s) must be approved prior to the issuance or a building permit. 33 ," " J t. ':~~ /'" ( , ,-~ "i.J :)'~ . 'I ,~' "I' \ !l " .\" i I I p-'~-- . ~.' ;.:r.;:=~~ -~.!:. ~...... r, ~ \.i, (,':;~.>~:?:~:;;t.4~,;" .. ,- ~ t- , ' :'. ;.~i"" :>~.,:~t~};..:.:".: ,#:;t;:::!:C\"';~~~' ,.., I~ _].. .i~~~.;"';:- ,; .. ,.:..",~.. (, I , :~,' ,.: ~ ~ ::' !.11'........". 667 ,'..' ~68 ,~ r -', ., .. r. i '.' -:.., ;', " ,/ C 1 '7.... i - j '~" ,'.,', 3) [irenlaee Re.ulatio~. All residential units shall comply with lircplace regulations as contained in the Municipal code and enrorced by the EnviroOlnen- U1l Health Department, No building permits shall be issued ror residential units absent compliance with fireplace regulations. Savanah shall replace the wood burning fireplaces in the eight cxisling 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 thereol) shall be subjeet to review and determination by the Clean Air Board. ' .\) Drain..e Miti..tiQJl. prior to the issuance of a building permit for e.ch component of the Project. a drainage mitigation plan for that component for run- off during construction activity shall be submitted to and approved by ,he City Engineer so as '0 insure against or minimize run-off into Castle Creek and the .Roaring Fork River. 5) Eu.itiv. Dust rootr;)[. prior to the issuance of a building permit for each component of thc Projeet, a fugitive dust control plan for that componcnt must be submitted to and approved by the Environmental Health Departmcnt and applicable state agencies. Additionally. a fugitive dust control plan must be submitted and approved by the Environmental Health Department for the MAA parking lot prior to issuance of a building permit for the MAA rehear..1/ performance faclHty. 6) Ene"V Conse""'tion _ s.vanah, All energy conservation and efficiency measures , as represented by Savanah in its GMQS application and set forth in E.xhibit "E- hereto regarding insulation, glazing, solar orientation, HV AC. and plumbing fixtures shalt 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 alt single f.mily Mmes and condominia, , 1) line"v ronserv.tion _ Institu.e .nd MAA. Non_residential coostntetion and , facilities sl'.alt utilize state-of-the-art energy conservation and efficiency meastires as represel.led by the Institute and MAA, ,Accordingly, detailed plans submitted for building permits for the lodge structures and the MAA rehearsal/performance hall must be aeeompanied by the energy information provided to staff in the Appropriate Technologies AssociateS' letter or May 3. 1991. Exhibit "F" and the MAA Rehearsal/Performance Hall Encrgy 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 verined by the Building Department according to the Model Energy Code. 34 ': ~. ~..." :":. . f. l-- , . I ,V: :,"P , ..... , -..,' i:f:"~~'1, -::"".~:. ,",".- \ \ .:' ^ f) ,. .. ~ .~~.'. . :,.; ~:i;~:'.'.:;S~,:,:~~Y~~}~;" ~ ~;.~. :":~.;,>~Ji.":;' .. . .~~ ,~jt~;'7~":':~;;~::':' ~. . ~ .,;". .~~ ~ ;~\::~,~~~ '. .~ ,~~.,~;'~. 667 .'(~ 76q '~'3.1"'<'7~";' ,., .' . .:.:: : t..: : : I~.;., !..l' ., ,.~ 1 ' ~. I~' :":' r',:'!" 1"(,-;'. .:!.:,".,.' 8) Fox Dens, The Consortium has eon,trueted replacement and addi'ional fox dens in a manner and at location:. selected in the field by the Cit)', in consultation with the Director of the Aspen Center for Environmental Studies (.. ACES.). 9) Re.Vece.a'ion. Re,vegeta'ion of all areas <Ieveloped pursuan' to the Plan shall be implemented in accordance with \l1ose guidelines as set forth by Design Workshop in its letter of March 21, 1991. a copy of which is att.1chcd hereto as Exhibit "H.. All rc:_veg~talion shall be inspected and monitored by the City to ensure that re_vcgctation crforts and the protection of th..: same -are successful. (0) Manicured Lawn Areas. New manicured lawn areas shall be minimized to the ex.tent possible. except in those areas adjacent to the Music Tent. and as shown on the Plat, II) ~on"ruc.ion Barricadin~, Prior.o excavation. 'emporary eonstruclion barric:ldes and/or fencing shalt be erected within five reet of the building envelopeS of the tennis townhomes and trustee townhomes to prevent damage from falling debris to the slope bordering the developmen' ac'ivity unless unstable soils dicta.e alternative locations mutually agreed upon by Savanah, the Building Department and Planning Office. prior to issuance of building permits for individual components, the locations of all f~ncing and barricades shan be submitted to and approved by lhe 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) shalt 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 (Lets 5.10, inclusive) shalt require, , in addition .to the consent of the owners of the residential component involved. the appro...-al of the resident non-profits of the SPA. which approval shall. however, not be unreasonably withheld. (3) publie Aece". Public pedestrian aceess, excluding access '0 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 I - I \ . I \~\' ;s:. , , Wi ~tl f .::.5:.:.:. -..,.. .. "'l.~.~ :. /"", ~ ,:...,;.::!'f~\'::'~.\:r .... ". .. .....:.... ,~.... .. ~. 1;.. : ....... ..~~\~.. ',. '........ ,. .~:~l .....':~../. " 667 770 II ",~. Property. subject to re.son.ble regulations as may. from time to lime. he est.blished by the owners thereof in order to protcct their property. .s w<ll as the academic privacy and serenity of the campus, its program' and the he:<lth and s.,fety of other users and visitors. (4) ~IAA porkin.l.ot. The MAA parking lot shall he plowed and kcpt elcar..f S",'''' during all wintertime perrorm.nees or functions at M/\A facilitie.. \II. ~HSCE!.!.,\"'F.OUS A. P!,R10DlC PROlFc:T RF.V1El:YO. To the extent practical and n""""'Y' every s" months rollowing the date herel'f until the construction 0; all components of the projcct is complete. the Consortium sh.lI. if requested thereby. meet with the City Planning Omee for the purpose of informing the Planning Omee as to the progress in developing the project pursuant to the terms he,cof, If the planning omee deems it necessary. the PI.nning omee 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. arc for pU1']loses of providing progre" reports and developing mutu.lly aeeept.ble solutions to any problems that may be encountered during construction. 13. NON_COMP1JANCE AND RF.OllF_~T FOR AMF.NDMF.N1'S OR EXTENSIONS In the event th.t 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 Dep",tment in accord.nee herewith (a "Non-Complying Member"). the City Council may issue and serve upon the Non,Complying Member a written order specifi';"g the alleged non-complianee and requiring the Non-complying Member to remedy the same within such reasonable time as tile 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 anyone or both or the rollowing matters: (a) Whether the alleged non,eomplianee exists or did exist. or (b) Whether a variance. extension 'of time or amendment to this Agreement should be granted with ,espect to any such non-compliance which is determined to exist. 36 , ~, :i .:"_ . ~ .1:. , ~ tl > r r ',::.'f,...::. -;:." -,' .", ~.., 1"', !""\ < } !... :\l,': .;<. ,;"'. .' ~'f.. :r.:....... -: ..\I.~: \;.~ ", ~. ),' ':. .'.~.;>).:. ~:. ~;:~~r.;.~,~.;. . " "-" .... -. .j-.,:,. ',' . . . ~ 667 . ,,' 771 -','I . ;~. . Upon the reccipt of such petition, the City Council shall promptly schedule a hcaring to consider the mattcrs set forth in the cease and desist order and in the petition. The hearing shr,1I be convened and conducted pursuant to the procedures normally established by the CilY Council for other hearings or pursuant 10 such other procedures, formal or informal, upon which the City and the Non-Complying Member shall agree. If the City Council .jetermines by the evidcnco that a non-compliance exists which has not becn rcmcdicr!, it may issue such ordcrs as may be appropriate; providcd, howevcr, nO order tcrmina'jng any approval grantcd hercin shall be issued without a finding of thc CilY Counci', that cvidcnee warranlS such action and affording" the Non,Complying Mcmbcr a reasonable time, not less than thirty days, to remedy such nOIl,compliancc. A final determination of non_compliance which has not becn remcdied or for which no variancc has b<cn grantcd may, atthc option of the City Council, and upon writtcn notiec to thc Non-Complying Membcr, tcrminate any or the approvals containcd herein which are re,"onably rclated to the requircment(s) with which there has been such es..,blishcd non- compliance; however, under no circumst.'lnces will a failure to comply on the part of the Non,Complying Member in r.spect of any obligations that attend that componcnt of the pro;ect for which it is responsible, as outlined above, affcct the approvals for any of the remaining componcnts of the Project. The City Council may grant such variances, extensions of time or amendmenlS to this Agreement as it may decm appropriatc under the circumstances as an a1temative disposition of any finding of non-compliance. In addition to the forcgoing, the Consortium or ilS successors or assigns, or any mcmber thereof may, on its or thcir own initiative, petition the City Council for a variance, an amcndment to this Agreemcnt, or an extcnsion or one or more of the timc periods requircd for pe>-formance hercunder, 01' otherwise, The City Council may grant such ,'arianccs, amendmcnlS to this Agrccment, or extcnsions 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 arrected mcmbcr of the Consortium demonstrates that the reasons for the dclay(s) which necessitate such cxtension(s) arc bcyond the control or such member, despite good faith efrorts on its part to perform in a timely manner, Notwithstanding anything in this Section B to the contrary, the r,rcgoing conceming non-complianee and requests for amendments or extensions shall not apply in connection with any matter with respect to which the Aspen City Charter or the Municipal Code has invested original jurisdiction in othcr boards, such as the Board of Appeals and E,<aminers. With respect to such matters the nlles of practice and procedure es..,blished for andlor by such boards shall, in the first instance, apply. Non..:ompliance with one or more of the Construction Schedules set forth above due la, difficulties with fund raising or ather occurrences outside of the control of the non-profit members of the Consortium shall be examined in any non,compliance hearing bcfore the City Council and can be a basis for granting a variance from an extension of any of such schedules. 37 1- I , I I~ ':I:. >, ~ ~tl ~ \. Notic~. Notices to ~e given to the partieS to this Mreement shall be deemed given if personally delivered or if depnsited in_ the United States Mail to the parties by registered or certined 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: I"'. .. .... ;::::~:.,: : ..: ,'. ,..:, " '"f'- " ", ~~t-'" >~~~"A~ ~L i~:" .. '..~ ;.. C. Q.F.NF.RA1. PROVISION~ City of Aspen: Lot I: With a Copy To: 1.ot 2: With a Copy To: Lot 3: With a Copy To: Lot 4: !'1 . . .,," ~. .. .~ . . . ..''';.' .. ~ i'" .', " ,,'"'". ~'. ;.!.' ." :: .' ' .." ~t~:..:~~....,> . - '.'.'. '.". ,~..~., .- ., ''''}'.~ : . ".,,, :.. ~, ,.' ... !,"'I 667 .... : ,,--,' ,.",', City Planning Director 130 South Galena Aspen, Colorado 31611 cc: City Manag.er City Attorney Aspen Institute 1000 North 3rd Street Aspen, Colorado 3\6\1 Gideon Kaufman Wheeler Square Law Offices 315 Ea~t Hyman Avenue Aspen, Colorado 3\6\1 Music Associates of Aspen 2 Music School p.oad Aspen, Colorado 8161\ Alan Schwartz 106 South r-.nn Street Aspen. Colorado 81611 Aspen Center for Physics 700 West Gille,pie Aspen, Colorado 3\6\ 1 Nick t-.~cGralh 600 f:...1St Hopkins Avenue Aspen, Colorado 8\61\ City of Aspen/City Planning Director 130 South Galena Street Aspen, Colorado 8\6\ 1 38 '. ' .> ~'~.: .,,' .' : :.';:,J...~:,~' 772 . ! ~..- I I I I,~ I , i~ :tl I r"\ rl , . - " ,:c.., .~ :;.). "1..__,', .. ;;,~,;: ;;:=L&{;ii:;,~;"i ., :S':,::-~j;, ~~i'iL' '..",: .!.!,":'-',"'l' [.\-" 667 r':':; 773 .;,....... ~I '-,.1 ,.,.....~: ;" "." :-,:;,._ ,t.'''"' !",...' LotS 5,6,7, 8,9 and 10 Savanah Limited Partnership 600 East Cooper, Suite #200 Aspen, Colorado 81611 With a Copy To: Robert W. Hughes Oates. Hughes &_Knczcvich, P.C. 533 E:lst Hopki\\S Avcnue Aspcn, Colorado 81611 2. Bindinp Bffccj. The provisions hereof shall run with and constitute a burden upon the title to the Property with the exception or 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 reprcsentatives, successors and assi~ns. 3. ~poticablc).;)Y!. This Agreement shall bc subjcct to and construcd in accordance witll the laws of the State or Colorado and the Municipal Code of the City of Aspen. 4. Vested Richt,. pursuant to Section 24-6-207 of the Municipal Code, a Vested Property Right is hereby established for all development activitics (including the sitIng and massing of building improvements) approved by this Agrcement and, accordingly, for the three year period next succeeding June 10, 1991 no zoning or land use action by the City, legisiative or otherwise, and no citizen initiated zoning or land use action shall in any manner alter, impair, prcvent, diminish or othcrwise dclay any development activities or lIse of the Property approved by this Agreement. except: a. with the consent of the owner of the property affecl.d by such action; or b. upon the discovery of natural or man-made hazards on or in the imm.diate vici"ity of the propcrty affccted by such action, which hazards cOllld not reasonao;y have bcen heretofore disoovered, and which hazards, if uncorrected, would pose a seriolls threat to the pllblic. health, safcty and welfare; or e, 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 subseqllent reviews and approvals which may be reqllired by 39 ( ~.. \ D I l~ ~-x: \ , ~ \r3 \ .::::'.;, ,_.:.". -::'" " ~.,. . .. 1"". ',' .... ~"":,,,,"'.. ~. ';,'. . ."'> !:..:.~, " l~' ~~~'. '" ,.' ,.;; . , ;1 . ~.' rj :- ,.::~~,', ,~~;ii:\~:~;i:r~~~;~ "- '. bb7 774 other proVISions of this Agreement or the geneml rules, regul..ions and ordinanccs of the City provided that such reviews and approvals arc not inconsistent with the development activities or usc of the Property contemplated in or by this Agrecment. Moreover, the establishment of thi~ Vested Property Right shan not preclude the application of ordinances or regt1latiC:lnS which arc geneml in nalure and Me applicable to all property suojcclto land use regulation by the City including, bUI nOllimited to, building, lire, plumbing, electrical and mechanical codes and in connection with any su.ch devclopmcnt activities or use of the Property, the owner(s) of the property involved shall abide by any and all such building, lire, plumbing, electrical and mechanical codes, nnlm sueb 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. Ihat a vested property right exists with respect to any development activity U' use of the Property approved by this Agreement. or that any subsequently enacted or cilizen initiated zoning or land use action h:ls resultcd in a compensable taking of all or some portion of the Property, In the event of a linal delerminatioo by the Aspen City Council of a noncompHance wilh the lcrms or this Agreement by any Consortillm-.~fe11lber, then so much of Ihe Vested property Right hereby established as reiates to that component of the project for which the Non-Complying Member is responsible, as set forth above. shaH frolll then and thereafter no longer exist: pro....ided that if such determination is ever jndicially invalidated then the Vested Property Right formerly extinguished shall. ipso/acto. thereupon be revived mUle pro tIl/lC to the time of the City Council's determination of non-compliance. fupimtion of Develonment Allotment. The development activity contemplated in Subsection G of Section II of this Agreement shall be eligible for exemption from e:<.piration under the provisions of Section 24-8-108 of the Municipal Code, notwithstanding th~t a building permit is not sooner qbtained in respect of sllch development acl.ivity. if on or before three years next succeeding the elTective date hereof aprJlication for such exemption is made by the owner(s) of any of L'ots 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 U. which were to-have been met by the time of such application have, in fact, been met, and all contl.:mplated utilities. ha....e been instal1ed to the lot tines of Lots 7, 8, 9, and 10 and the \"ork and activities contemplated. by subsection 02. of Seetion: - I of this Agreement have been completed. 5. 6. :ie"erahi\il~. lf any of the provisions of this Agreement or any Imragraph. sentencc, 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 shalt remain in fun force and. effect. 40 \ , ! i - I . \ \~ X- i, , I ~ ltl I ~f.:~'~, -:r.:'. "I.,. . ,;:\.' . ".':<.-: r--, e) . . .,. .~. ."J.' :,r.;t:,,: .:; '.. ,.., t. .. . :"~' . ':....:I:-:-t~~J';.;.~ ;:,f.;/'~~:;; :}:'!/'~~' '. . .". . :~ .; ;..; ~ :. ~;: ~.l~~;;~;r.:t~~':;~t.~.':-- :f;:::' ,.'. . t ~. " ... ., " ,'....,' 't.r-3 ' :..".~"~,;,,;.,<~~...t .' "'." t;.:' t,;..... .I.~.". .',,', ;'., 6b7 \"'1.. 775 ..~' I...... I . !".. 7. lnco",o"'tion of Recittlh.ilJlQ Wri1len submi1lals. The City and the Owner hereby stipulate and agree that lhe recitalS preceding this Agreement. and ,1I1 of the written submittals (as amended and presently effective) made by Owner to, City throughout the course of the Aspen Meadows SPA approval proce", shall be deemed to be part of this Agreement and to be incofllor.\led herein by this reference. The City witl. upon request from interested parties. including prospective purchasers and lenders, and within a reasonable period of lime following such request, issue appropriate wri1len certification as to the compli- ance, or tack thereof. of any component of the Project with such recitals and written submittals. 8. pntire Mrccmcnt. AmendmenJ. 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. A e tan e f PA Final Develo m n PI n' R, tific ti n 2v 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 ihe 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 submi1la!s and hearings (as amended and presenlly effective), upon which approvals granted may have been based. ' 10. Rcn<onahlenes', In al1 deatings with one ano,her under, and in connection with all determinations or intefllretation, that are to be made pursuant to this Agreement, the parties hereto, their agents, emptoyees, designees lnd affiliates. and any third parties called upon to make any delermination pursuant to the provisions of this Agreement, shall conduct themselves reasonably, rairlyand in , good faith, IN WITNESS WllEREOF, the parties have hereunto set their hands and seais the day and year first above-written. TIlE CITY OF ASPEN, COLORADO, a municipal corporation ATTE'.ST: '.' , ..',)" ,',.. , ' '/ ,;!a,"'tUu '(') /:.It:!j K.,tnn'n' ~ch. City Clerk . v ( L 7. i7--Yr By: Joh Bennett, Mayor t-'li~na\Uft'JCl'I\Iin..c.1....r.CCl'u1~1 41 f ~~ I e · ,~ , , '~ ~t' 1\ I , ,. - ~:.::: -~:: ,".~L~: /"", , "~" I"i . ._... '.. ,..~' <1.:"'."~"~' . . ,). ~'~~:i1'~~'~"";";~ ),4"~~.l:'::r' \ .ri:..'~;~~"'!;~~:"(.' (:: . ,.0 .. :;;!....~\.;. .' ...... .~... '.. ...;.. ,.... 'I."...., 1':' " . . ", ", .~.,t,.".. "'.' [:1 667 .:.r-: 776 ,.," 1'\,_, 'I. SA VANAIl LIMITED PARTNI-:RSll1P, a District of Columbia:1imitcd partnership ,,~ .' i, By:' c~, , / TIIE';\-sI"EN INSTITUTE By: ~tm~ MUSIC ASSOCIATES OF ASPEN By: I .,._~-- ( C t, (. ( ( , f r : " ,. I.. t, . I (j' :.\ ~. it ~ ~ ~ ASPE.'l CENTER FOR PIIYSICS BY@O'~ ~ ,,-,~ . \ ' Y-. ST A TI, OF COLORADO ) ) 5.'. COUl,'TY OF PtTl<IN ) ~N">l -r ':C of Columbia The foregoing instrument was acknowledged before me this 3.- day of , 1991.- by I }(_, H r:: ~f N.:rAN' I oJ as ,,'.... for SA V AN I LIMITED PARTNERSIlIP. a District Imited partnership. ..''', ;:::..... ". ".- ':. ')',(SEALl 0' . ".e>'" ''''u C 1..: ", " \"':"'. . ~~.... WITNESS my hand and official seal. My commission expireS:"?j"':..?) " ,( I " " '. \ I 42 --- !c- ...;:~ ~~ o l' ,. \ . ~ . ~:";" ~I)~.~i~~. :. .... '); }i:~': \~~,i~..,~J~,.;'~ '_: ,~~::,;~:~~~h:~:.~i-"':;' - "."'to ~ 1:'\:;.' .; ,,:~"i:{'.~;~,~;;o>(',t. 1~""''''',J..:-:''IJ;':lIO'''''!'"I~''~~:(.'.'' . ft., " :;;":;~:.~.r:;.~',':: :;:I;~ ,f. .~~:-:'., . . . .~ , ' "':;,: V' ,.':' ;;.::-; _.~. .;;,~;:,.:,.(,,:, !:,t" 667 .....~3 777 ~'\ '.' . ,. (',",o' r' ,-,,' . ::""7'''' 'I ,.( STATE OF COLORADO) ) ss, COU;o\TY OF PITKIN ) .....r.; The foregoing instrumc,nt 'NOs aCknowl.Q.e~e me t/1i~J:_ day of ,''{I'}-~~~~_ ,!99f,..l>y...Jlli.VIi"! .1~1,,-~ril..-1N--' as __ :__ forTIlE ,\SPEN !NV' uTE. , ....~ \. .... . WITh"ESS my han.j and official seal. /.'::>., 0"1"". ".: My commission expires: 7-,1, ~..t j ,.,lsE/\L) ., 1":'- " / .......~ :'=-': . , ": :.: ~::o..;: ,,'" :1 ::." ,','''',"':'';' ,,~ . .:' ': STA'i.~ OF COLORADO I ,; ss. COU;-iTY OF PITKIN /,/; r -, /.... The foregoing instrument was acknowll"ffeeLr..sr'Jf'e-me this +2 day of '1IJNll14(!"~ .199l-by 12.o~(!K.-( I~AI2~' as ~", "., ,~ for MUS! ASSOCli'iTES /) ASPEN. ~ . The foregoing instrument 6W3S acknowledged be. fo~~ me t~is -f-. day of 3.B1J U ':'1.2-,/ .1991. by ~OIZGP.. < -rIZAIiE:l.H:A:!{ as ~. . '"'1> _ ..\ __->.;- fa....A'SPEN.lSj:NTER FOR PHYSICS. ".2l ., W~S my hand and oflicial seal. . My commission expircs:1 ' (,J)' (SEAL) " .,>.,' .' . WITNESS my hand and official seat. :'./"':~ :.....:. My commission expires: 1.),tfj ,,(SEAl:.);,. )\. =.., "":000 ;..... / ..... "),.., t I C,: . . . '" _ ..'r / , / s-rATlf6'i:cOLORADO ) .............\'.... ) S.iCi. COUNTY OF PITKIN ,) .........,~;~.k;..;:.,.....~a;t .... / 43 o? ,:'J'o"'~". (:tfL' '. '.. 'k"" L ,# # t; j:~ "= ..; ;s:. ., :,. , .1. , , .' oj . '" ! t t r>, J ~~{ ~.. ~. ..... ~A'~~ "..' .,~~':;.r' ". -..; ,,,;.: '.~; :..;;~~ .,'d. '. ;,,,.1 :.",,~"';~~~g!,j.~J-~f~J€:~~~1'~"'_ " ,~~/~di::2,:\t<i;~"" ~::Y:L~,'i~;~~:V.~~t~t~~;: ..'.,'.i{"':~;t.::,' "".........: '_~"1":'-2..~:'>.r,s,';~;j'iA><...,.:",."".~: ...-..,-.".1::.-. ....._.;J<I..___,.~r......:'... :t....,.. ~.o.J~.. .... ~...t:..;,':.:, :I-:.'I."""'=:~' .-,I/:t ''':-:' ..:.: ~.:: ;:".< .1..1.."'....~., I~! 667 r:'(:; 779 ~" . :: r-'~. '. '. C ~ r. ' . [" '''. . ;,r" rc '... ,-, ".' ,".. e.PPENDIX "I.IST OF EXHIBITS" PAGE NO. j;XHJ1lTT A 6 B 8 C 33 D 34 E 34 F 34 G 3S H ..."anah\rrliK...~i.c.OI DFSCRl1'TION Legal Description of Property, . Appropriate Technology Associates Letter MAA Rehearsal/performance Hall Energy conservation Description Design Workshop MarCh 21, 1991, Re_vegetation Letter I j' r- ~ . !~ , . II. ~ Traffic Mitigation Utility Cost Estimates Deed Restrictions for Single-Family Sites Ene!'gy Conservation and Efficiency Measures 44 "'~).>:' ~:~:; ...-.:-. '-''': r /"", f} '. ," , ,,;:,,',' \.:' ._ . ~~~~t;::~.:::. !l' ".-' .. t, ,;o;t ': ". ,--' ..~\ '" . . .-""-# .~.... ..,. .s........;.. ,A....:~~-.:;~:...~~.~~r::.....' 667 (.,c. 779 .... EXIl I BI.'!' "i\" "hc I\!'>p{~n 1.\(~ucl0\.;r; 1.1-:(;,11. IJESCRII'1'lON ^ l"d "rt"tll"",'etl within portion.. ofthe N",th 1/2 orSe<:lh,n 12, .ntIlhe Snuth tl2 Section I, T.nvn..hlp 10 Suuth, R.nge 85 w",t or Ihl "Ih l'ri""lple Mlritll.n, Pitkin Counly, Slate of Ctlltlf:lC:1 ~in; more I':!rt!c-.d:u11 described :L"l rol1Q'NS~ n,~i,,"lng ,t the center north 1/16 eurner of..ltI Section 12. tI",e,lhetl.. ,ueh On the "PI.t or lh,' ^-,pcn Me.du", S"h<l;y;,;on e.e,pllun" ,,<I being . rounu ;n pl.co 31ll x 1 Inch ,,,"i bor, 'n."", N """ 14' 00" W, ,Inng Ihe north line or Ben Ce.ne Lal Split Subtliy;,lon .od c~.t1e Crrek Suhdivl,lon, 797.62 reet 10 Ihe e...letly line or Red Bulte Cemetery: Thence .Iong the c:l..'\tt'lly bound:\ry or S:lid Red Butte Cemetery. the fallowing nine (9) courses: I) N 17" 40' IS" E. 84.75 reet: 2) Thence N 13- ot" 3S. W. 65.00 reet; 3) Thence NIl" 33' 10" E. 96.62 reel; 4) Thence N 1'50' 20" E. \14.04 reet; ~) Ttlence N 14- '30' 2S" W. 64.31 feet; li) 11,cncc N 4- OS' 30. w. 286.13 feet; 7) ..Tl..nee N 21" 28' SO" W, 171.56 reet: 8) Tl..nee N 16' 21' IS' E. 305.82 reet; C)) 111encc N 1- 02' 20. WI 33.38 reet; 11Ic'!ICl: N RS. 35' IS" r:., 392.52 feel; 111cnce N 5.30' 00" r:., 3N.9CJ fl.oe!; 111l.UI:e N T Oli' IS" W. 14.71 feet to Ihe ~l1Uthe:t.<;1 comcr flf 1..01 10. Black: Glrdl E:'it:llc:t. Tht.ncc :t1ong the c:\Sterly boundary ot s.,id Bl:lck: Btrch E.<;talc.o;., the ((1Itawlng fout (4) courses: Il N 2cr 54' [lO" W. 199.72 reel; 2) 111cnce N 14. 17" 00" W, 119.61 feet; 3) Tl..nce N IS' 03' 00" E. 84.24 reel; 4) Tl.enee N ~2' 19' 00" E. 57.18 reet 10 the eenter line inle"ect;on nr the R,..dng Fo,k RIvet :1nd c."\.<;t1e Creek: TI"nee 'nul"e~.lerly 'I'1'rn,im.tely 3000 reet .Iong ,he eeot..linc of the Rn.ring Fork Rlyer, being ueserihcU by ,be rollowlng ..yen'''. (17) coU"'" fur the purp".e of .cre.ge cnlc:<I.tlollS only, ,.tlls nollnlended ror the ..I.bll.hment or bouncl.,ry IIn"" ' 1)' thence 5 40- 10' 11" l!. 12G.35 feet: 2) Thence S 64. IS' 32" 'Eo 131.86 feet: 3) Thence 5 82. 09' 52" Eo 384.76 reet: 4) Tlle""e S SO' 54' 59" E. 92.62 reet; 5) Thence S 17" 30' 46" E. 203.65 reet; 6) Thence S 19" 45' OR" W, 250.14 ree'; 7) Thence S 10" 22' 00" w, 192.51 feel: ~) Thence S 44" 55' ot" 'Eo t 19.52 feet; 9) '"hence S 82" 30. 46" Eo 269.67 rcct; tll} Thence N 76.46" OS" Eo 141.40 feel: 11) 111cnce S 84" Oft. 11" E. 120.42 feet; 12) ",encc S 51. tt" 12" E. 217.42 feet: 13) 11tcnce S 70'" SS" or E. 239.71 reel; 14) 111ence S 3S. 54' 3R" l!. 162.NO feel; 1$) Thence 5 q" 06' 17" W, 129.2G feet; 16) 11,ence 5 4.1" 26' 27" E. IIS.37 feet: 17) Tl"nce 5 76" 13' 42" E. In2.93 rcc"o' pulnt un Ihe ",",..,Iy I>"ntlnry II". orLoIIA SCl."tmd ^:"f'cn C(1ml':1ny Suhdivi~i(1ll; ..~ '...f.j..;". ..... .,' ::>';~<:.'.v " ..... . I " ,; <, ~ , - ~:f:;{ -;t..~. ": "',,~' ~ , " ~ .. '.. "~'.,." .1 \. , . . , ,;., , 'kj .,,:;~:;~j~;~}l~';:L: ',I'~.J . ," . " ,',.. !?'q 1 ~: ,....'. .",:,;,:,',:: )~:O:,(t:!>. I' ~tii'~;' ,.~.:.:,i' J_<:"""."':" - '", :'.......- : .~.: ! -:. ". 'h i'"l., r' r") . . ~... . . .,. ,,: ;~Y:\iAJ.::::;):\:~:~'~ .O~~'::~: 667" 780 ,h,,,ee ,h'ng the we>lorly tx,un~,.y 0(,.1" Se","''' ^,pen c,,,"p.ny Sob~lvl.lnn. ,I,. rollowlng twu (2) cour.;e.~: I) S u" 27. 00. E. 4711.00 reel: 2) ",e"ee 5 16' 35' I~:' Eo 723.96 reet 10' r"ln. .h,ng the norlh rlght-of'W'y or om..ple Avenue; TI"n<e 1'1 R9' 58' IS" W .Iong Ihe nnrth ,:gh,.nr.W'y o( ,.I~ om"ple Avenue, KG9.13 reet to the we>1 riShl-or.w.y o( Slxlh Slree!; TI,.n<< .Iong the we>' righl.,r.,..y "r ..I~ SIXlh S.reet 5 tt 12' nt,' Eo \99.71 reel 10' p',lnl ,Inng Ihe north righH,r.W.y or l'l"'Ih Slree': TI,.n<< .Iong Ih, ",,"h righl.nr.w,y or..i~ North Street 1'1 75" 12' OIl" W. 26".67 reel, TI,,"<< 5 \4" 47' 30" W. '1,66 reel In' p',inl on the A.'p" Town..hlp Une S.r.: TI,,'nee 1'1 r.S" 3(1' 0<'" W .Iong ",Id ^'I"n ,own..hlp Une, 4R8.RO reel 'a . 1",lnl .long Ihe e." ,lghl'o('W'y or Ihe n'lglnol M..~ow' 11",,1: TI,.nee .lnng ,.,l~ eo... righl-o('W'y o( ..I~ Me.~ow, IIn'~ the roll,..lng five (5) ""u....: I) 1'1 It 54' lXI' W, 41WI,71 reel! 2) Tl1Cnee 1'1 65" 21' 00" W, 6.72 feel! 3) TIt"''' 1'1 rr 54' Oll" W, 19,12 reel, 4) TI"rice ,long Ihe ,re n( , CUlVe 10 the righI, h,vlng . ..~I'" o( 1403.09 reet, a central .ngle nr Il" 33'12' ro' ,n Ofe len!;lh n( 209.46 r,el, ,n~ wh,,.e ebnrd he," 1'1 3" 22' 36" Eo 2119.26 reel, ' ~) TI,.nce 1'1 T 39' 12" Eo 296.47 reet' '1"",,,, 1'1 84' 14' 00' W,84.21 reet In Ihe Tn,. Point "r neginnlng 'n~ conlninlng 84.536 :1I..t1."'I:mf'l'e(1rt~'l. ,. ~ t j . =~ , : ~x. t , ," ..\ t:t'~-:~ ~,.:\. ~....;~ ~. ,:,.~..;;.'~~ -;..~.~~;,:'~'~~;'" .._..~"C~"'.q;~~':~~';:::~ ~'!! .,;'. ~~~.c.~.:::';. b....l;!..\.,; ~~.P;:I.~'il''''''~~' .....~~i '.~ ,~;)r:;t",. :J ....'1:- \~~:A;~Xf;~<'1:~~:':~':::. ::,:~:::;~~;.:. ' ""(("'n'r~'_;';''''' "":': ~ "';'~~~'"''<''l~''' "\"'I:r.~I.:. ..~.....;\.,y.,. .~,.,....=-,.....,...,,,,,,~-,., ......, . ....., :'-" ..... '.. . /"', ^ J *' .'o!'''I~:4''j.'~'''' ~"J.;':~. ".';.;.~\:~~'~':t;""~:'''' ,. -0(. . F.- L ;""."d~~"'):.p-'.~.~."'":\{'',;'+',~" !'\ !f....;. . .",.RJ~':,-' ..~.~. ~'1......,-;,u... . ;:~ :..... '; !! ',:.~, ."'...7' ' , I".'! "~."",: " : 1 :, ~ ~ n':.::' r.,: ~:.,~:";' '. ""~,t'I::l '-: t ' " J.' f'.'" ~ '.: 667 f'fi 791 1.'"'''' EXIG[3!T "a" THE ASPEN MEADOWS . . ,. TRAFFIC MITIGATION PLAN 1-; ~. . " " -= ~~ ~. .. l i "'x. ;,.. I ,.j,. , ~~ , , ,. r\ " "r .:{, ""\ 11 "" " " ., ,f" 'J j:i , I " "~ .' :'" February, 1991 P' .. I " " " y ;.~ '... .__...~ ~....... :"'t':' ~;~~~ -;;,.;i\ .."...,;.( ~ ,~ ,~ " ., i', N I' " I" I' '" '" :.. II ~ ,.. .' l:o r; ,.. Tl H r.'! .. I..t ... I, , .. ". ..l ~'''''.-~ . ..' ~ ,t""""l .' ,.3 ,,~~~j),p~~\~:'.' "~~~f:~;.~~:.;t]t!~~~~~~!~': ~ ,': ... . 1.;.': ." .,'~' ,. ." ... ,Ilo.l .ll'."VI.-.+ .. 1:--' ,..~', .....A~ ........ . ~ i:_ ",,,.. .1: ~....~..LJ;.~:~ti~~'''lJi.i':l'' ..;,;~ 1-:..:....:n:- .,!:"~,1""}~ 11,.::-:: ::.... .!-11..'.....:>.-' Pf b67 :~'r; 782 .....i i . ~". f'."..' '.-,. f"1 '.: . ,: f:~" r: t '." . n'i'. .r. t'."" THE ASPEN MEADOWS TRAFFIC MITIGATION PLAN This pl3n h:lS been prep:lred by t~e following individuals: Committe!!! Members: King Woodward. The Aspen Institute Kim Johnson. Aspen/Pitkin County PI:1nning Ornce Dan Bl:mkenship. Roaring Fork Tr:msit Agenc:y George Vicenzi. West End Resident Robert Harth. :Ed Sweeney, Music: ASsoci:ltes of' Aspen --- Don Swales. \Vest End Resident . ,~ , \ I , , ; Roger Hunt. Aspen pl:mning :md Zoning Commission and West End Resident Perry H:uvey. RJ. Gallagher. Hadid Aspen Holdings. Inc. Bob Felsburg. Felsburg Hott &. Ullevig Other P!lrticin:mts: John Goodwin. Aspen police Chief Chuck Roth. Aspen Public Works Dep:l.rtment Jan Collins. West End Resident Amy M:l.rgerum. Aspen/Pitkin County pl:mning Offic1: . ,".' ~~:; .. ., il " ,.. ,. .~ 1"""'-. f") " !,.. ..' ."'.... 'S', w ~ t . '.. . ,<'~';';',~."" .(:. ,;':::....ii2,~.:~~:.~';:.'::, ::," .:.~ " , , ~"....~ ..;..!,:..;..:...~,;,~~i:.~::~t~~ \.~. ., '. . .~,. :.;.. .~ ." 667 783 .,'-,' I. IntrodUCtion Du,ing the b" summ" of 1989 the City of ,.\Spen beg,n the prepmlion of' ~1,"" PI,n for ,he Aspen ""dows prope"y, This pl,n. complelCd in J,nu",y 1990. w>S formu;,,,d within the fr:1M,:,:work of rour gO:1ls. Two of the gO:lls. which :lre di~cctly rel:ned to the tr:lffic :tnd tr:1nspcrt:ltion :1SpcctS of the pl:1n. were st:1ted :1S follows: GO:l13: Mitig:tte. t~ the m:l:dmum e~tent t'c:l.sible. theeriec!s of Ihe ~h.'\'elw opment on neighboring properties~ ' GO:1l ~: Mitig:1!e. 10 the m:1:timum extent fe:1sible. the project'S imp:1CtS on the over:1U community. From 3. tt:l.nsport:ttion st:tndpoint. the M:.1ster Pl:ln included:.1 number of physic:.11 elements in the site pl:1n which were directed :It :lchieving these g0:11s. These inchlded cre:l.ting :t new pdm"y ,ceoss point to the We" Me,dows v" Seventh Street. conmucting , new ",il system linking both the E:1st Me:.1doWS :1od the West Me:IdoWS to the City's tr:1i1 system. ,nd imp,oving the MAA p,rking lots '0 bett" ",ve .utomobiles .nd ",nsit in""',,e, However. the M:1s~er Pl:m went even further 3.nd identified:1 number of midg:llion lne3sures. m:ln'! of which 3re oper:.1tion:11 in n:l.ture. which should bee:tplored. These included such me:JSures:lS controls on delivery vehicles: pl3ns for sm:1l1er. non~diesel ",nsit vehicles: shuttle s"vice to/f,om ,he Me.dows: porklng con"oIS: ,nd emph,sis on pedestri:ln 3nd bicvcle 3CCesS. To respond to this concern. in October 1990 the Consortium iormed:1 committee to further ev.lu'le mitigotion meosu"s .nd to develop' ",fric mitigorion pl,n fo' ,he Aspen Me.dows p,oject, This ,ommittee wos comp,ised or "presentorives of ,he owners ,nd users of the property. W~st End residents. the m:ln3ger of the RO:.1ring Fork Tr3nsit Agency (RFT A). rep"sent,tives of ,he ASpen/Pitkin County PI,nning Orrice, , memb" of the Aspen PI.nning ,nd Zoning commission. ,nd, p,ofession,1 ,,,nsportotion consul, tont. The committee held seven meetings between October 30.1990 ,nd Feb'u",,;. 1991 to discuSS milie:1tion n\C:l.sures :1nd to prep:1re this pl:tn. In :tddition to commitlce mem~ bers. other residents ::lOd City emplo::ees p:1rticip:lted in these meetings. , E3rty in the process. the committee fo~mul:tted the following go:tl st:1tement which directed the committee's efforts: MTo develOp mitig:ttion me:tsures for the Aspen Me:tdows f:1cilities to reduce :tutomobile use :1nd iI's imp:tct on the West End neighborhood :.1nd the community :tt large. :lOd to .m~ke the Me:1doWS f:1cilities more :1ccessible to residents :1nd guestS in environmentally sound W3Y5." ;,~ The ,,"ultlng pl,n hos been developed in tWO componentS. Oce.use ,he chmcte.;"ics .ssoci.ted with the lodge, testoU"nt. ,nd heolth club l',ciIities on the we"e," po"ion or the p,ope"y dil'f" signific,n,ly from those of the MAA I'ecitilies on the e,st"n po"ion. the mitigotic,. meos""" ,pp,opd.te to mh po"ioo ,Iso diff", Thmfore. the following sections provide::r. series or mitig3tion me:.1sures for e:\ch of the 3re:ts of the property. With eoch meosute ,re p,ovided . b,ief des"iption of ,he ,,,ion. the suggested phosing for implementation of the rne:JSure. :lOd identific:1tion of the responsible p::trty. '" " .. " ~ " .~ . J 't-; ~ f,t: l t .;s:, ~. , ~ l.rJ ~\ .-;.....,1::.; ~;~ "t~~. '" .. .- '. ... h' .., ,,; ^ !~ ~, t":''':~;:~;'~l' , .'~ ;., ...l~.~~- . ..~,:,;:~j:-.;:: ..' '\ -~-~"",~ -'':' :,,:, :,,,: : .- : ' " 1 ;,; r.. :., '--~ ,~ .,' . r") ~~ , ," '. d:~;:1g;;'Ni':~:" ,:<,';').~:,i$~:,~tt':;:" ~,~t.'.... _ .....-~' .~'(" . ". ....".~... .t,j~'~'j;.:"t~ .',.~ '. ,",;:;>:1':,2;:;.",.: ,,' ,'.. c,:C3:,;ji":-;';;::;~""""':'::: ':~(.}: :;,." ,. '. J~ '~":. '1(" ,..:'"" Ii,: ,-: :-:'~>'_"': t..~':">. ,-,(, (:. ;"! ~ ~ '!,", ':I.'~,:'.' i:_' .:':"'1, . Di."- 667 .~.r"' 794 'I."":' In dC"eloping .nd implementing this or .ny midgotion pl.n. it is import.n< to underst.nd thot ,he pl.n must be evolu,ionory, While the go.1 or the p\on must rem.ln s".dr.st. lhe midgotion me"ures .nd the det.ils or their implemen"don must be flexible, requiring monitoring .nd fine tuning over the ye.". tt is recommended thot the Chy under"ke · prOS'.m to review the efrectiveness of the midgot,on me"ures on · regulor b"is .nd to work wi,h ,he Consortium to modiry the det.i1' or the mmures to ensure effective. ,,, efficient. implement:ltion. ,:0;1 " - .~ ...; ~'''c- " . i' t; ,~ f%. ) , t ~; 2 n ~ ~i;{ -...," ...;:.;:~. , {4;i~;~~!~: '~~~E~2;~~!\",,:f:?i~:': .:. 0" !... ".';"~.~".~''::''!',,''':'' ;t!~~.\....:...:~~ ,> . ~~.... .,.....v ~ .~&.1.. no: 't\~ ::......,('.~t;. ....: '. .J" . .~..~' ;:::~:~~~' ',:. . r.'.-... .~, " '. ,.,,', :"! bb7 , ' "'(', 79S .....!."':-' !,""..!' \~'-.' ,'", "',~ ',' :1'. i:.. '" ::".' 0)' ~ \1. Mtttgation Plan 10r West Meadows Facilities " Cu"enlly, tho resid.nti.1 unitS on the wes,ern portion or the ASpen Moodo"'s property includ' 60 lodge unitS .nd eigh' townhou,es. Th,' concep,u.i SP,\ .pprov.i included the .ddi,ion or rour single r.milY residences. ten n.w three- bedroom townhom.s, .nd 50 lodge unitS. The porpoS' or these .ddition.1 r.ciIities is primerilY '0 botter serve lh. group .ctivitles sponsored by the m.mb'rs or the Consortium. During the summer months. use will b. .Imo" ,"clusiv.iY by those groups. During thO winter se..on. it is .nticip.ted thet lh. lodge m.y b. oper.ted for public use. Furthermore. the restoU"nt will b. renov.ted. but wiH nOt be exp.nded. Fin.lly. the hoolth club, used primerilY by gUestS of the West Moodows. will be enl::irged slightly. " A. B:Lckground r' In developing the mitigetion pl.n, the committee considered me"'u'" tho< .d- dressed ooch of the primery user g"'UPS of thO West Moodo"'s r.cilities: guem. .mployees. .nd use" or tho r"tourent or hoottlt club who .re not ".ying on th. grounds. ," ;., Furthermore. . mitigo<ion pl.n usu.lly includes .utO disincentives wi incentives to use Other modes of t"nsport.tion. AutO disincentives .re restrictive meesures tho< discou"ge individu,ls from using th.ir .utomobiles. The second .Iement is comprised of me",ures thet m.ke it .""ctive .nd conveni.nt to use .Iternetives to the .utomobile. As will be highlighted by thO list or moosures described in the following section. this mltig.tion .:.n Includes' wide reng. of bOth .uto ' disincentives ::s.nd :Lltern:Ltivc mode incentiveS. '- '!low eff.ctive will this pl.n bel, While it is very difficult to p",ject ,""lIy hoW much trip reduction wilt occur" . ,esult of this plen. the committee believes thet it h'" the potenti.1 to significenllY mitig.te the effeCtS or .ddition.1 trel'fic due to 'he ncW development. ,he rollowing toble presentS' summery or trip gener.tion which might be ,"pect.d f",m the West Moodo,"" b.sed on trip "tes tl'piol or tho ASOen .,00 if no specifiC mitig.tion p",g"m is implemcnted. AS shown, ,he existing ,esidenti.1 .nd rest.urent r"iIities could gene"te .bout 750 vehicle trips per d.Y. The proposed .ddition.1 residenti.1 unitS coutd gene"" .nOther ;40 trips pe' d.y, bringing the tQt.1 trip estim.te to ne.rly 1,100 vehicles per d'y. Thus,' 30 pere.nt trip reduction would result in totol t"ffie gene"tion with the "p.nded f.eiIitie; equ.1 to thetwhich could be gene"ted',bY the "i,tin; r.cilities without. mitigetion pl.n, Beouse of the n.:Ure or the use" of the West MoodowS .nd the broed-b.sed ch.",ete' of the mitigetion pl.n, it is believed tho<, when properly implemented. the I'roposed 1'1:11\ wm ::!.chieve Ihese results. ,.; " " " , ." - 3 - '.". .-' . I t r; ,~' \,=' IX. l , \ , , ~~( ~~ " " - = .~ "' " .'. ,~ " ." " ." !.~ " >d ;." L; :'" ., " ...... .:~).:- .~, .:~.;:.;. ;:-~.:":i.~ " . ~.:~:t';;:";,,""~"":' :;:....1>;:. '~~~,'..'.. ;~",:",,,,',;"" . '. ~ ~... -to -I,.r\{.t~-i"-:'" t.,.,;~ ~..' " ;\ -I'!;:' ':'.'f'\I'.':~'?''f.;4~' "&:""::"-~' "'n,'c~~~,i1;~;. '~,1!'~":' .... ,.' ,.1.,,",.:.,', ~:f 667 ".r. 786 :::,'., r't'.! "-. ",...'. ::":1. '>l :. ..';!~.:: ;';'# ~;, -;:.~. .: .J. 1I..........~j..... . ;t-::.~ ::-'.,.~',- ,', ~. ~ '''l'~ I..... ~ " l ~ ~\ ~ ~ eo '" '" ~ eo ~ '" ". 0: vi " " ~ '" ~ ~ ~ ~I ~ .; .~ ~ ~ ";! ;; " c a ~ o 'c: . .!! '- '" ;; . o U o .~ 0: - o ." ~ '" i r t-; ,~ I'''~ ~ ...., \, ~ ;i . "I ~ ~ ~ ;:;; ~ ~ ," '" ~ " " '" " ,..; " ~ ~ .., '1 ~ " ~ '" - -- = ~ ;; '" ~ " z ~ ~ ~ " "\ ~ ~ " '" ~ ~ " 0 0: ~ ~ vi " " 0 . " ~ " ~ ~. 1- ~ . ::: '" " "I '" ~ ~ .s ~ -~ ~ ;; . :i '" ~ ~ d "'-. E '" " e ::: " E :i - ~ 0 E " ::t. 0: ~ u 0 0 d vi ~~ u 0 :i - ~ ~< e " 0: :i - ." " .:- ::: d ~ " ;; '" e.'a ,.. d e 0 Q "'. - ~-:: ::t. - :g <:>0 . ~ - ~ E - '::' e . . . ~ e ~ . . ~ -~ = ",' e 'J ~ "" _ 0 . '" ~ -~ 0: . =" " a,; a ." :a '= :; . 0 >= >= ~ '" 0 \ " co ~ ;; 0 ::>"- ;;~ u u ~ ~ u ; " - ~ 'a . - - " u ~ a ;; .. ... . ~ . 0: " ;; ~ ....:..- .5 ." ., ~ ~ !-:::.. :: '" vi "- ,.. ::: 4 ,,' ,. ~ I ~... .....r,::. ~?:~ ~~~ ~'Ai-, :I , D " ,~ .... ,< ,~1' ,. ~~ ~ .' ~ " /"", n ~ '~1i~l!!: lJ~gJ;~f!~iI . "",:'.:t'. .~~~~~f .~. ", i.I',~.~" ~./:, :f:'~ ,",1. . . if;..... ...~.,.:r~~~~d,,'Jo,~~:~~~ ~,~lcttl':1~ :/i.' ,.(_'_~ .,~~:,.::t:.,,"'~';' ~~:~'::~~.:- ~(~:.,~:.'~ ";: '-l! ':-.~ t ~..r:~{;,~':';.'.'~ . . .:. !'}!' 667 . 'I~ 787 . ;..'i.... ..,.,:,0, B, ElementS of ~1itig:1tion p\;1n The following elemeots of 3 tr.lmC midg31ion )13n directed 3l West Me3dows rel:1ted t~mC h::lve been identi!'ied. 1. A;I'J1O,t Van Service Oe",.;n.lnn: ,\ free v>n scrvice to 3nd from ,ne 3irport will be orovided for guests :l.nd residents of the West Me::l.dOwS. Bec:ause it is :J.ntici~ p:lted tht mOSt of the guest vis=.-.s ill be pre'Jrr.\nged. the lodge wilt dispatch the V'3.n (:1 vehic~e with :loR :1l'pro:c.im:1te C:1P:l.C1tv of 12 -16 p:lSseogers) to pick up guestS bmd on ,neir fligh. sc;',dul<, Simil:uly, de!):::trtUres will ::150 b: :lble to be pre:ltr.\nged. ,\1\ guests will be encQur:l.ged to use this convenient. yet efficient. service. ~h"in'" This service wilt be initioted upon opening of the reooVOled lodge. llWWn'ihl. p"a; Lodge operOlor through 3g"ement w;,h Asp,n Institute. 2. Van SerYice lo/Irom Town Ol!'I'crinlinn: t\ free V:l.n service will be oper.\ted between Ihe West M~adows and downtOwn Aspen. This service will be :l.v:l.il:l.ble to :l.1l guests. residents. :lnd employees of th~ West MC:l.dows. including users of the rest:lUr.1nt. tennis courts. :l.nd he:l.1th center. 'The ser~ vice wilt utilize :l. relativelY small vehicle. se:l.ting :l.ppro:dm:ltely I:~ 16 passengers. The seryice will be a regul:l.rlY seheduled service with freQuent he:l.dways. During the high se:uciri. this route wilt run from earlY morning to late evening on one-h:l.lf hour he:ldways. The schedule will be :l.djusted for :lppiidbility to c:l.ch se:lSOn. :l.nd m:lY be provided on :11\ "on dem:lnd" b~is durin; cert:l.in se:lSOns. rh3~ine: The b:lSic service described ::!,bove will be inili:l.tcd with lhe opening of the renov:l.ted todge. Its US:l.ge will be monitored. :l.nd Ihe service will be :l.djustcd as necess::!,ry to meet the: demand ot" the p:ltrons. Rl!"Irt4'1n~ihl~ p:trt~ Lodge opCt':l.tOr through: agreement with Aspen Institute. ,,' Chartered Vehicles lor Croup Aeli.,ides J. o"er;nl;on: When >ppropri3". groUP 3cd,i,i.. ei,her I..ving or coming '0 the W,st M..dows will be served by chartered ..hicles arr.lnged by ,he m3n3gement of ,he West MeadowS. By providing this service. men.gemen, will be better 3ble to con"ol ,he number 3nd/Ol size of vehicles serving the p::lrticip:1ntS in such activities. Furthermor~. ,ncoUr.l.ement or ,ne use ot' ,his service wit! diseou".e the use of priv:ue 3utomobites by p3rticip3nts. ,< ,.; !~; ,.. - ,- 5 ," ., - . I t t-- \ . \~, i , \ ~ "....... .~ . ~~':-:~ -;;t..::. ':..."'-t .... ,~ !'! "! W ,~ .. ... - --.. r"; r-'\ , ,'I ,,:-i ..::....~.\~::~.~.~ k.. ." :.0'.' ,S:~~r:.K;fif:.tj.i.;~:;~~::~"~, i ~'.' ." .." ':" \1'1, I I ,"" " f 1, " .. ",1 667 ",,~ 788 c " , ~, ," ".' , " , " " Pha~ill1!: ihis service will be provided with tne lirst org:mized groups using the West :-'1e:1dClWS. Rpo;nnn..i111l!' P~rl"': Lodge oper:1tor. 4. Cuest Parking Ol!'!fC'rintinn: No parking for the lodge units \\.i11 be ~royided adjacent to the units. Inste:1d. ~:1rlting for t~ese units will be loc:ne<:1 in a lY-1rkin~ structure under the tennis COtU'ts. Thus, even if guests bring vehi. des to the c:tmpus. their venicles will not be immedi:1telv :tv:1ilable to tnem. Furthermore. guests will nee<:1 to w:tlk p:1st the' v:\n service in order to get to Their vehicles. h is hoped thOot this concept will enCour:1ge guests to use the vo,n service r::uher Ih:,," their priv:ttc :1ucomobiles. Ph::asine: See construction schedule. Resnonsihl'i! P~rtv: Aspen Institute I r , t, ~~ . , I, \( 5. Trail Syst~m Ol!'!'Ierinlinn: Site planning has l'rovided ror on~c:1mpus It::1ils th:1t connect to the e:ttensive city~wide pedestrian and bike tn.il s~~tem adjacent to the Me:1dows property. Thus. the Me:1dowS tr::.1i1 system has been design~d to complement the City's efforts in develooing pedestri:1n :md bicycle tnils. thus encour.l.ging guests of the Me::1dowS to use these modes of tnmIPort.1tion. Phasine:: The on-site 'tr:1i1 systems wilt be ph::1Sed through the City's tr:!.i1 construction progr.lm. R@!'Incndhll!' P~rtv: City :1nd the Consortium. .. Blcydc Facilities n@s~rinlinn: Bicycles wilt be made aV:1i1::.1.ble ror use by guests ot' the lodge :1t a minim:!.1 fee de$igned to cover m::.1.intenance. repl::1cemenl. and administ~tive costs.Furthermo;,~. bicyele l":l.cks will be provided :11 these t"acilities which may be used by l'crsons noclodged at the West MeadowS (for e:t::.1.mple. :l.t the health center :nd at the tennis, 'courts). Ph:l!'lin1!: It is e:tpected th:1[ this progrJ,m ;'vilt begin with 25.,;30 bicycles :l.v:li!:l.ble. The prognm will be monitored and the supply of bicy- cles will be incre::1Sed Ooecordingly. Rl!'snnn<;ihle Partor, Lodge ol'ctator. I " ~~ \' 6 .3:.~[ ~~.. ," .... .. ,-: :~ .' ~ _::~:... :~lf.~jt ,I , . i' .. ,'. ... hf :, ., ,~ ., " ..' " ,,' ~.~ .r-" ~ . )1 .~.. . .~..i~.;;"~ 1.:::J.~'~"I'., , - ,: ;,:~ ra:...':....:~ -.;"; .:~:-~.;:; ~ ".\'<;~~~i' .q~~:.\~:: " ~~~:' . ,) "I \~'..~...... ).,........... " ,~'..~...t...r....'.' _S't.,;' ',~ilr;7i:~'?~' :~*, ":~;lf;;;;r;j\;b1~:~~:;;,~:.~:::/i\", ...... .. '"': II "..,;: -:. ,'. ~ ::'.1 ,..,... '..:'t'" -0:,.".: ~'\"". . ,-..:' St' bb 7 ~"G 7S9 '" . ~. I .,. ",:,!,::'. r' I . " ;:. .,:: I" '.: :--:' ....~. I . [0'..1" ,~ . ,,'. 7. Promotional Malt:rio.ls D~:o;C'riutio..!!: ,,11 promotion:l.l m:l.teri:l.ls for the West ~1e:l.dOws lodge will emph:1size the :l.v:1il:1bility 01 the v:l.n service. will encour:1ge w~I"'.. ing :l.nd bicycle use. :l.nd will discouf:1ge the need I'or person:l.1 :l.utomobiles. The focus of this mitjg:1t1,,)~ me:1sure is to precondi- tion the guest so th:l.t he or sh.. choos~s not to even rent :l. C:l.r upon :l.rriv:11 in ,.\spen. ~:l...W!z:: This mess:1ge will be induded in :1\1 promotion:l.l m:l.terials published for the renov:1~ed lodge, Re!lnon:o>ihle P:J;rtv: Lodlle ~~":rator :l.nd i\spen [:,\stitute. 3. E,"plo~e Parking . , I r \ . I~ rx. \0' I. ~ ~, ~ " ~ OescrintiCln: Limited employee p::lrking will be provided on~site. This p:lrkin~ will br :1v:1il:1ble only for employees for whom vehicles :l.re essenti:'\l r"r t:,~ execution of their jobS and ror employee C:1rpools of 3 or morl'! t~r!:ons. r\ ride matching servic~ will be av:\il:1ble thrOugh m::m~gement to encour:Ig: the form:nion of c:1rpoo!S. Furthermore. employees will be provided with their choice of subsidized tr:lnsit p::lSses or subsidized p::l.rking :1t the Rio Gr:l.nde p:lrking g:1r:1ge. A shuttle seO"viee will be providt::d ror employees from the Rio Grande g:u:lge either in conjunction with the rcgul:lr. !y scheduled van service to Town or ;1S :1 sep:1r:J.te opention. ptuuine: This me:lSurc wilt be implemented with the opening 0\ the renov:tted lodge. Re!lnon:o>ible- P~rl'V: Lodge oper:Hor ::1nd Aspen Institute, 9. Coordinalion w,'/h Potential Rail Seryir:t: .!2e.~crinllon: It' p:1Ssenger-r:lil service does m:lteri:;1(ize on the Rio Gr:1:1de right-or-waY.:l tr::tnsit stOP will be encour.lged in :llootion which would allow :lccess to the Me:1dov.'S via the pedestri:m bridge on the R03ring Fork River. Ph::l:~inl!: To be implemented with the initi~Ei~,~ of r:lit service. Rl".mnn<;ihl~ P:trtv: APplic:mt :lnd R:1il Service Oper.:tor 1 'I , " 7 " . . --.c $-~. ;;r~,~ ".. ::..' ~. :'. ,.... "w', 0{ .,. I ~ ," '. .... .. ," ". ..l f" ~ ~, \,. ,.. '" f' ~ .. ... ... iJ ~~:!(~.r; .~,. ~ I"i "j! \..a.:....:.',;.;:..:<.... :. '. .; . .t~'(R~;;.-;.:rr i::'"~~;. -.: !..;"'::~"I;:"~fj.~....:t.:!"'I!~:Y.: <.; , :,." ""Jti!',\~'''~.~,~-.",-,'.JfI~B'.j,1.j~':'' ;.~"~'.::;'.!i!:::"A:~: ~jJ~ \::....... . ~,,:~'i~.i:, ,,;.:;;J:h.';". ", ;{~!!~~~ " ~j~.~\''''~'T 5r'.~ ~"I'.l: ''-t..:: . .... ......~. .\. ." ~114':IQ-:7 ('JU:!!.j97: ~!.~:!.3 Rec <;4(:")":'':' E'~' 667 F'~ 7QO ~i.lv,,"l C,~'~i.z:. r--i".!:lf' I";:n':.y Cl~~1:. i),,"c 1'.')(' 10. Dtdigery Tr~~ p.~stri,tions 9l!<:t'rintlon; BeCluse or the e:o:pected infreCluency of l:lrgc vehicie deliveries to the West M~3dows property (3'Ppro:c:im3teIY 4 to j per d:lY). it is recommended th::1t truck restriction.. be focused on time of d3V :1r.d route restrictions. It is recommendt:d th:tt deliveries will be limited to the hours of 9:00. 11:00 A.M. :tnd 2:00 - ol:OQ P.M. Thus. the noise imp:lcts or delivery vehicles will not occur during the most sensitive time periodS. Furthermore.:tU deliveries to the West Meadow~ will be restricted to use of Seventh Street onlv between the Meadows :lnd SH 82. These restrictions will be implemented through oper:1tor :tgreements. Phs~i"'Z: The time of d:1Y :lnd route restrictions will be implemented upon opening of the renov::J.ted lodge. - R~!i:non~ihl~P::!l'tv: Lodge oIJer::1tOr :J.nd Aspen InStitute. I. ~ \ . It: IX. I' l ~ . t I ! , 8 " [) -...------ :. " , , .. " ! . , '" :1 .~ .... .' $~~~~ "':I..~''; ;,. :"7."~: ~:>:{~f:ii :~~-~~~:),.~:. ~"', ..;-':~.. ,....,. . .",." i"~,~~~,:'.~:~,.~~;,~5~r3.:~~;r i,~';(!:~X-~,-:,L, '. . ._c ~- .:....: .:,.~:":.- !... .,;;'.:;:. '~:,,;,,~:i."~:r:iJ,;~)&;~/L:" " ',".:.i' ,,--'- '"'; ",~. ;.~. ,-' ,"' c'; 66 7 ~'G 793 1: . . ,~ , ,.- '-... "': ,. o The M,\,\ p:tddng \ot h::ls been designed :0 ;Jfo"ide :t !,Jc::J.tion Cor b:JseS to load :llldunIO:ld O:l.Ssenge~s while r:::moved from Gillespie Street. This loc:ltion is on the south end of the p:uking lot and would :J.ttow good clockwise cin:ul:ltion of the buses from Fifch Screet into the p:lrldng lot :lnd \J:tck out onto the street system :lC Fourth :lnd Gillespt<.:. Ph:1~ina: It is anticip::lted th:It this imoroved tr::r.nsit service will be provided during the ne:<t concert se~son. The progr:r.m will tJe monitored :r.nd the service will be :J.djusted ~ccordingly. R~~Mn~ihle P::u'f'C The transit service will be ehe resoonsibility of RFT A. The eransit improvements in the p:lrking lot wili be the responsibility of the MAA. 4. Truck Restrictions ile<;crintion: Although ehe number of l:r.rge vehicle delivedes to the M,\A t"::r.cilities is verV limieed. it is recommended th:lt::lll such vehicles will be restricted to using 'Third Sereet enly between the MAA ground.s :lnd Main Street. :-'p,A will enforce this limitation with their vehicle drivers. I - I, \ I I it :: ;s:. i , ~, \t' i lli.ilile.: These restrictions will be implemented during the ne:<t concert se:lson. .' Resnonsihle p:utv: MAA " 5, Residential Parking Permit Program " Descrinlion: A residenti:J.\ p:lrking permit progr:lm is stilt under consider:ltiOn. This progr:lm would prohibit :111 p:J.rking en streets from Mill Street to Eigheh Street ::md from M:1in Street to the Ro::tring [-'ark River other th::m for residents or their guests during the cor.ce:t se:lson. The MAA would institute p:lid p:lrking in their lots in connection with this pl::m. Permit p:lrking m:lY require issu:lnce of vehicle stickers for:l (ee. inst:J.ll:ltion 0'- :lppropri:J.te signage. :lnd City enforcement. ", ", r.: ph::!.sine:: It is recommended that the residenti:ll p:l.rki:'lg permit progr:J.m be instituted :l.fter the effectiveness of the remJ.i:'lcer of the mitig:1tion pl:ln h:lS been eV:llu:lted. l3eC:luse of thesignifi<;?.r'l,t imp:J.c:s of s.uch::t program on the residents of the West End. further input from the residents should be incorpor:1ted inlO an implemenlation pl:ln for this progr:tm. ~"1 ~ ,.<<f Resnonsihll1' p:lrlv: :-"1AA. City :lnd West End residents. ,~ - II -' ...-- ~( ~. .. ,', "'''1' . "~-;" ';., S....j..~ '.' ::. :..~.,:'~~:.;.::~:~. ~. :'7' ..... -. . '\'::~' ,~ "~~~~','L~: ~:.. :;.:'~<" .!.\ ,,'~i:. ,.".... '~ltJY;}~;:?;;~'~t.;/'V'~ -COO .:" "~ ..; :~,::~,,';;:~;~J!\L:L" , ,''t' . ,~. :'.- ,', l ,,:.,~.' ," :: ~::,: 1 ~ :;'<3'-:' 'r. . ~. :,,'~ . ,.,.:' !~, I : 667 i-'G 794 'f' -~ D,'.'.': ':. ",' ~ ' ,., c!,: ,-' r.~ . ':'c.;' ,~. ,',(, tXHl!ltC .Sl'~" ,1!J.0JX5 SLBCII/;S\Q'lIS.I','\. ~Si1llAr:; :F PC~I~l~ :ClST::II..Cll;" -:~jS r:1l:&l:~t~. '\991 no" ",,,,t. of ,,,...,, ""',""'",,"',,;. '^''' '" ~,,,,,,,,,, '"'''' "" ",,,,.."L..."'''._,,,"',,''',''',''',,'''',,,,,'''''''''':,,,,,.....' It ",,,,,,. ",..~r. """,.."..."',,," """....""'tl,,,o<t'~' ,,,. ..Ill~.ot Iflr{ FrQ.' tr.\1 estl~ltI rei ::\attar l"lllf 1::3Ufu\ly ~ecsrtd. :_ :_:-:-:-1-:'-: \ lator ~ SoVIltlN \ Cia. \ t'tetrla ITalil(ila'l': 1::,11)1' 1'I./: : : """ : "", I L'''' I L"" : Llc" : ,___:-1-:-1---:---1---1 :LIIT""" .: "","" ,,,,",COO , .....COOl ...."": ,,,.a:o: ,IO,a:ol , _._,-.-:_'-'-1 \ toll' ",,,. i '87,"" i .131.COO i "T,COO: "'."" i ",.Ct>:, ,10.",,: :--,--.---:-:.-:--.:--:----:---.-: ,,", ,,,,,,: ",,, I ",,, : ",,, : '" II :"" , :_ _:_1-:-1-1-:-: : LOT' :"" ",,,,",,: lV' \ "" : lV' I lV' : :_---.:--:-.-:-:-----:--.,,--1 I LO" 1 lV' : lV' lV': lV' : M" I lV' I 1__'-1-:-:-:-1-:'--:-: LIlT' : "" : '30."": "" I"" : ",: 1"" : :___-:---.--:---.1---1-1-:-: LOTI I '" I : ,",C"': '" : ,'" : "" : "" : :_--:-'_:'_-1-:_-1-'---:--: : L011-to 1"3,",,' '<l,OOl: ...OOlI ",,",,: $1,0:01 $1,""1 : _:_1'-:-:-:-:-: : C>S1l."" """ lV. : "30.CO:: lV' : lV' : "I' : lV' , :-....;~~-_..;.;;;;:;;,;.;.;;;~;;;\-;~:;;,;.\.;;~;:;;,;-\..;;:;;,;.;..;;;'.;;';-; :-..--.........:,---:.----.:----.:....'.--:.'..--:.___.., PH I . lnfrutru:ttlrS II'SUII!t1on ~ra!l'/ <!9t!nod" l\Mt at~ ~';tI.tll\Q t6~ lIllt8r I \l'I'. PK\I..lnfn9trocturl!nstaI18tlQ.'\~...ralIY<l:flned9'SeastOf~':c:$tlrn \S"llaUr \lr... ( \.- I . ), \~ ,x, , , ~ ltl ! ,.-,', , " ~/~s. " ~. .. "ffiti+:'::'i6k~~~~~ti11 t"'. ~ '." "4 !,. . . ':. .. . . ",". ", . ': ~M~.. ....i.:.,~~..\:~i~.;: .- ...... .~Io~r~:r:N",.!:~~ ~~:<..:':;~:". '. .it,',,',.,',,) r.~l.' 667 ;"0 795 1',-'''': -...:".,. . " . . .,-' "'~'~. - ',!" '.' .., ~ '., '. ,,:.,',,'. ':~ .'.' L . C--:l'~ , ., Ii ., '\ ~ II I' 1\ TlIIS DED.lCATION, is madc and entered into as of the _ day of Ii ' 199_, by i\ ("owner"), with rcferencc to the following: \ 1\ ,.,.." j.', . ~ i ~ ,-,.> EXHIBIT "D" EMPLOYEE 1I0USING DEDICATION WIT N E S S F. T 11: WHEREAS, Owner is tho record owner of the following described real property (the "Property"), to wit: Lot _, The Aspen Meadows Subdivision. according to the Aspen MeadOWS Final S.P.A. Development Plan and Final Subdivision Ftat recorded in Book. _ at Page _ of the Pitkin County. Colorado real property records WHEREAS, pursuant to the provisions of the Devclopmentand Subdivision Agreement "The Aspen Meadows" Specially Planned Area recorded in Book - at Pages _, er 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 WIIEREAS, Owncr dcsires by Ihis instrument to effect such dedication upon and with respect to the Property. NOW. TlIEREFORE, pursuant to and as required by the terms of thc Development Agreement, Owner hereby declares, covcnants and agrecs that: 1. The accessory dwelling unit ("Unit") that is situate on the Property shall be and hereby is restrictcd in terms of use, oceupancy, 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 applicd by the City of Aspen or its duly constituted employee housing designee ("Housing Authority"). The Unit shall not be eondonliniumizcd. 'W":"ll"~"'~" .....II~lIl1PI: l\tOAII"."-"'''''-- ~"I....l",.o.- ~,'_..."M''''II . f .~ 1 . ~ ,'~ ;X, i , " ~ ti \ t 'n ":.... ',... . ~:~. <ii~:i~~i~::::~:i~',:" ijf;;}~f~;~~~i~~S~~f{C, V' ".:' , ,;. ,-, c-, .{ _ "",':."! '~'.7... '. _ "i .:. ~.-.', ';-1-...) ..,.~~.. i ~ .l:r, :f.. i<~ ::A~~ :.',,0..... . .~.. . :::$ I: ..'...:J_~u.'I.!'.. ...,:-.l,:"../\r.,.tr"!......~ i' .U--''': .......f...,'.<;.J';. .;:r-,.,.;.:~."".!~"~"::':' '. ..:-f. :'~' ~r::.,(,Q37 "::~;:''':''i'':- !:,: i;. !:-r~: .t-.l(u".':u-, [,!- 667 PO 79b ~I t .,i .... !j;:...1:,. f': !~l ',;"1 1:'::.1,. (:lr-or;. nr,'" 1, .1'''-' 2. The Owner of the Property shall be rcsponsiblc ror Icosing the Unit to qualified residents or Pitkin County as dctcrmincd by the City or, as the case may be, the Housing Authority. Verification of employment and income Icvels 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 a.'y tenancy or occupancy. The Owner or the Property shall have-the right to select tenants for the Unit provided that, in all cases, ~'Jch tenants shall be qualified in terms of employment and incooile level as set forth above. Ex.cept 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 rorth above. ShQuld the Owncr or tM 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 obli~:lted 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 rorth 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 shaH 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 or non~complying tenancies. 4. Neither this dedication nor ,any of the covenants contained hcreIn ," shall be modified, ~leased or waived in any respect except by written: instrument executed by both the owner, at any time, of the Property and the City of Asp'.:n, Colorado, and duly recorded in the Pitkin County, Colorado real property records. 2 . .,e.'. .to-'f~~~~'!; . i - \, \ . I \~ \:.s:. ii , !~ :tl \ II r- .......:. #f.:.~ ~s.. ""2.:-.00( 1 ! " /"", ,~;_,'\~~:",::;;~;~t'~~~\;'~Y2~d;~S~;~i.P;:it!~;~);:\ , ,.,,,,;,,,::1t'~' ":'::"---_ ...:~<;:!1,'i.~~\%",";.~."",.."::;,,,:. . .~-w."',~,,~ ... ...'....--. --.- . if"O~..,.J.J':;':"O'..".. ._~J -~... _..:~ ..~I".~,: ,,.."" " ,- . .<(':" .....,~~:+\~:...1 .,.... 't}?:' ;:.;',"~:j;,~ '.:..... .;'.',.',." .. .".~.'. f -.:;I, " "~j.Oo~:~1i..:...'-tr'l"...:' '>. , ~ .~. .,..~.f""':~,...~~.:...$.~.... '114')'7:::- (.~ /:>1/'-:: if.: 1:' ~:!\'~..: -r-1l('tI).(tI"! OK 667 !':'s 797 ~:lv~~' r..;:"l'.:.. ~~~.! ~r. (:-,t\' Cl~r-!. QtJc 1.,=-0 IN WITNESS WIIEREOI', Owner has made this Dedication as of the day and year first above.wriuen. I \ 1 OWNER: STATE OF ) ) 55. ) ,..." I ~ , coUNTY OF The foregoing instrument was acknowledged before me this _ day of ,199_, by wn'N'ESS my hand and official seal. My commission expires: (SEAL) Notary Public ': Approved as to Conn and content: TIlE ASPEN PITKIN COUNTY JIOUSING AUTHORITY By: __~\do;I\4cd"IC""01 j ~ . ',':";::'UO(1't. , , ~~~~~ ~.....-.! ,"""'"', tf.;if~t~~~i~!WJ}~~]~{ r. ., ,..;~;~~\,~~.t." ...:'" .:;: ,.:;::.. :~l~ .oj. . ".~;,~ ...~;~~~if.z..:~~~.;J~:":~ . ......:~ .:.... It\,t(l<:r,":,;" ,",'.''''' ,~~ " - ~.i 1 '.'1 ~ ::'OVl ~'.:' r< t.:' '~.~, 1 ~:.,:;~.r: C';:~:~"!"', O:'~(J:I 667 c'G 798 '!' . " ,~", EXHIBIT" E" Encr9Y Consqrvation and Efficiency Measures The .pplic:mt is committed to enetgy-efficient building design :md consttUction St:llld:lrds beyond those required by the Building Code. Thc .pplic:mt'S commiunents for the residenti:1l projects :lI'C as follows: -- (I) Insul:luon: . ~ . " .~ I Therm:1l resist:lllce v:1lues of the building envelopes will exceed criteria =datcd by the Energy Code Amendment to the Uniform Building Code. Exterior surfaces of all heated spa.ces will conform to the followlng minimum speciftC:Ltions: . Walls: R-26 . Roof: R-38 . Floo~ (over unhc:l.ted SP:l.ccs): R-19 The greateSt opporrunity for energy conserv.tion oc= in the types of materi:1ls specified in the consttUction of the building envelope. An inflltr:1tion bumer wnp such :IS "Tyvek" will be installed around the entire building exterior which will signific:mdy reduce infdtr:ltion. All penetrations of the wnp will be carduily caulked and sealed to further enhance the effectiveness of the bumer. High qu:dity windows :md doors with stl",-of-the-art ciosures and gosketing methods will be specified throughou~ In .ddition to the exterior bonier wnp :md intem:1l bar/rigid insul.tion. :lI1 interior v.por bonier will be provided. Th~s vinyl v.por bumer will not only furthcr decre",e inflltr:ltion " ,r ~~~ t') i"'tiii~!~~ ~ri~t~9!~ti'? ~ ". , ,: ',L::;;''< :;'_::j,,;::;.'i~:~ ii~J[:iL:" "C,',' "C~ ',' .CO') '~C ,..,'~ "<e'..: "..,....',,"..;. .:<> 667 _,0, 799 <;:;.1..~-:' r>,~.. 1'.. r"~' ."; C,,--:,' r:~':!-~:. [:0-.:. -t.'-..:. but will. tend to hold interior humidity levels ,t loost 10 to 15 per"ent higher th,n .>teriar levels resulung in , gre,ter degree of occup:1llt comfort ,t lower roorr. tempenrores. All penetr:1cions of ,he vinyl v,por b:lI'rier ,t window" doors, w:ill switcheo :1lld outlets will be se:l1ed. With the individu:l1 units se:l1ed :1lld insuloted, ,n :1ir,tO,:1ir heot exch:mger wi\! be used '0 control the indoor :1ir en'/ironment while signific:1lltly reducing energy losses. Exp:1lldable foam insul.cion will be utilized ot :ill exterior door :1lld window frame' '0 cut down on :1ir infiltr:1tlon in these loc:ttions.. Skylightin~ wi\! be encoungcd to ,",sist heating by p,",sive solar goin. All of the (2) GI:l%in~: ~Iazing in this project will be selected with :he highest "R" v:l1ue pnctic:l1. Glazing located within six fee' of the floor wi\! bc low "E" tylle '0 enh:1llce the warmth radiating between occuJ':lIlt and glazing. The use of low "E" glass will pennit a significant im!'rovement in the occupant's sense of comfort because of its effectiveness in rendiating interior warmth. (3) p,",sive Solar Sh:u!ing Devices: . Herbert B'yer inst:l11eti sun screen treilises on the trUstee units to protect the South:md West exposures from excessive overhe,ting. These same devices will be used on the ne\y Trustee Houses :1lld townhomes to mi:umize heat goin in the oCCUJlicd spaces. These will ocC1lI on :l11 South ,nd West elevations of both buUdings which arc not protected by roofs. . DeciduOUS trees used ,",shading dcvices have also been planned for Ttustee Houses. AU space heating :1lld domestic water hooting e,!uipment will be rated with AFUE (4) Mech:uUcal: efficiencies of 90% or greater. ....U he,ting distribution ductwori< ""d piping in unhe,ted spaces , , ,- . i l-; J~ to ;c, , .......... ~:-:~~ -~..;:. ~....,:..... ': , > I \ /"", .'1.'.' ......~ .' ..... , .,.... "'~ ~. , ...., . ,fgiili:~~:: 'ltYfqj;~~.W~;, .~; J:' .: ....:..:~;:-....! '.' ~ .... ,f;': ;.> .:" :'::';'~ .:. , ',,~;"'" :'~'I"..~....",,,,,-,..;l.:.,,~~,~,,,,,,, .., . .J~":::!"~'~'''':''~'''' '1~,~,-,.,~;- ,~,\,:,~,~/'i':'.; ,~':.~i"": ~,,,c .".,,:...,.:..-, r.-} bb7 ('r: 800 -::::l...i~, r,..:-.vt-:'. r.... ~1 \!"'t ~:"\I:'1 (:':.<.;'...\ . !j.""; 1-.','" will be insulOltc:d to ol minimum of: R-S Duct insulOluon: R-3.7 Pipe Insulation: R-6 Insul:luon on rccircul:1uon hot WOlter pipes Progt:lmrnable set,back thcrmOSt:lts will be used for ,",en heatin~ zone. Outdoor ;",immin~ pools :lIld hot tubs, if :lIlY, will be provided with insulated covers. (5) U~hting: Both interior and e~terior lighting will be specified utilizing the latest in energy efficient lrllbs. Whether inc:lIldescent or fluorescent. hi~h lumen outpurJIOw watt:lge bulbs will be ~eci!.ied, In addition to usin~ high efficiency bulbs, multiple switching within each space will be designed to closely approximate wk lighting bllSed on probable f\lItli= layouts while maintaining sufficient fiCldbillty to focus on task lighting ;ur:mgcmcnts as the house is occupied. Alter these efficiencies have been m:Wmizcd. ~ylighting will, be considered for addItionlll efficiencies. C:ueful selection :lIld location of glazing matcriols will permit minimum energy inputs during ~ylight hours while ovoidin~ the use of shading devices to minimize gl",c. Any skyli~hts to be utilized will employ high "R" vlllue glazing :lIld will be str:ltegicallY located to permit maximum narorallight penetr:ltion intO the unit interiors with minimum tOW glazing =- (6) Building Qrient:ltion :lIld Sol", utilization The majority of building units have major vieW :lIld glass orientation to the South, Specilll glazing will minimize he;" loss during the colder months. Oper.1ble windows will provide "",pie cooling :lIld thrOu~h-vencilation during the wormer months. (b) Water .nd WllSte'v:1ter. (Maximum 2 i'oints). considering the extent to which the proposed development will use Wolter conservation technique:: such :IS w.ter conserving plumbing lixtures or waste""ter reuse systerlS or will ............ . f [-; ~\ ~,X! \. , ' I' :\ I " ~: \' ~...~~ ~:~ ~:';;~4 "......" ,.",'" ~ .' ......... . ...p:j ,;i;,::~;::;;/~~:r\'~r:!;' !~"(:~':::'"':~ ~~~j~~;f~i::;:~J.fr , _,<- "._ !,"';::, " ,.,",_~;";,"J""'''''''~ "'. .":'.'-;' " ~.. " '~;'l-t.~:~.:~. .,.. o' .',~:~.~~,.'~ o. i~ ,:;.: .. .:. .... :;~.} . .~ W'~", .~".~;,.,:.&.~~~'j~~i{~ttJ.:t'":.!.."': ..,~' conserve surf,ce w,ter resources through irrig:>tion, sprinkling, ponding ,nd simil,r site enh,ncements, ,nd considering whether the ,ppliC:1nt dedic,tes woter rights to the Cily of ASpen, It--;::l""""t- ,"l ':"11 ,,.,o~ 16 1- .. . . ..' .' .' _ I'';' . : .w' ,':I?<. .~r.:.".'.(~'" ~t' 667,'1"" 801 ",)."'," Dovi'. ",'c''" Co'" ClR'" no..;' '...." ' . Efficiency ,n domestic woter use will he achieved by utili:ing water-efficient shower heuds, faucet ae"'to", lIld flush toilets, ' M,-,imum floW criterio for "",,,,,.using applionces "'" as folloWS: F:\ucet :letators 2.5 Gpm 2.5 Gpm .. Shower he:l.ds ~ \! ,~ ,x. , Toilets Over the y=. the e<isting irrigation di.ches hove been used to woter a portion of the 2.5 G:>!lons per flush , inadequate mcintenonce of the ditch system. For inst:lllce, domestic "",ter has been used lawns one:! g-Jrtiens at the MeadoWS. M other times domestic water has been used iec,use of exclusively on the Institute grounds in ",cent yea:s, The non-profit organizotions have agreed that in the future- the lawn :md ga:rden ="" within, their parcels will l'e maintained with, irrigation w:>.ter. This wili :lS5U!C th,t \tooted "",ter is conserved :md these w.:er rights are protected. The limited lawn ",eas of the <csidenti:>! projects will :>!so be irrigatod in this fashion if .dequote w,ter is availablo ond the woter c:m be efficiently delivered to these sites, (c) Air. (Maximum 2 points). . , ..,.. considering the erreet of the proposed development on the City's air qumity, including but not limited to whether fewer or cleaner wood_burning devices than ,1Iowed by law will be installed; wnether existing dirty burning devices ",,11 be rem<rled or replaced by cleaner burning devices; whether dust prevention me<lS11res are employed on the unp..",d arellS; ,nd whether :my speci,l emission control devices ,re used, In keeping with Aspcn's clem air St:llldards, the g wood-burning flICplaces in the c:cisting Trustee Houses will be converted to gJO-log flICplaces. It is also anticipated that gas-log flICplaCCS will be provided in the 1'4 neW tcSitienti:ll units. if this c:m be done in complionce with . "U'V'. ;..::"'-l.~ ~;"...,;) ~.; _,,~:'\o, . .~-""'<( ." I"i ";~. t' ';I'J':~.~~~~:..~. .~' ...: .i.t"i~':" 1'):' :~:.~ :.....1. . . ~~.,,: .;$....(fJhii....&lJ~;.~~~!~~~,.,~~br.~~~:~" ... ~ .J..,.~:....~.~:..:!c;,.~."'. : '. . ;J' t;:!~~.~:;...'".;. ',-:.~~!>/ ~ '.. .....:;:.;."f'~;.:..~.....'.'J......., '.. .. ",'" _, "V;\':;(!,',,;" ,/:/,0",,:3'" -:",/,';I;'?'~\;''':;'I''~:'.< '~@~~f~~;~::':,,~jl~~{i~\;+J&lT~:,!~ijt.j::.: - . 'l.~ . ....~ !l=""!.41)o;'3"i ('1 !2'~/'7: ! 6: 11 R!""; 'f..~':'l). (ll) (:1< 667 f"G 802 Salvi.) o~v:.:,. Pi':.ldn Cntv Cl,?\""I'. Ococ .\.......) conserve surface ""ter rcsoure<:s through irrill"tion, sprinkling, ponding and similar sile enhoneements, "nd considering whether the applionl dediotes ""ter rights to the Cily of Aspen. Efficiency in domestic w.ter use will be .chieved by utili:zi.~g water-efficient shower heods. faucet .e"'tors and flush toilets. ' M""imum flow criteri:1 for wot,:r,using .ppliances ore as . follows: Shower he:lds :.!.5Gpm ~ I I I l~ ~;s:. , Faucet :1Cr.lwrs 2.5 Gpm Toilcts 2.5 Gallons pet flush Over the ye:lIs. the e:<isting irrill"don ditches have been used to water a portion of the l.wns and gordens at the Me.dows. At othet time< domestiC water hos been used bec.use of inadequate m:>.intenance of the ditch system. For inst:ll1ee, domestic w.ter has been used exclusively on t!,. 'Utstitllte grounds in =t ye3IS, The non-profit organiutions have agreed that in the future. the lawn md gatden = within !heir parcels will be maintained with irrigation water. This will assure that treated ""tet is conserved and these w.ter rights are ". "i protected. The limited l.wn oreOS of the r-.sidenda1 projectS will :>.iso be irrill"ted in this fashion if .dequote water is .vail.ble and the w.tet con be efficiendy dellvered to these sites. #f.:~/ ....~.::. ~'"'''' \ ci ~" .j " .'1","'.,'.~_,",',",,',..,-.::.,',:,',.::,,:..t:,~",::" ~.. . ~ I .' __ _' _'_ ,_L::~~~~{;,:));,(';:_{'.:.;" -, .1""'" .: ,': .~....~.,;.. ,::...;.':~-i.~ij,~<:g~:.~~,.. .':~ \ : ,.,~";" ,. :'~';?1,."t,",',:.''1 ':',-",:: ..,~,.".,.."'" ':;1 667 ~"(.' 803 ~:r, '. \ ':: ,.,,' , r..,' r . ,.,,'. F.XIIISrr "F" ApPROPRIATE TECHNOLOGY ASSOCIATES ---~ $lJ/CJr Erurll /or Sustain:t.hl, J),y~/op""r!nl 3 May 1<1S11. lU'. 1'rsd smitn, Vice Pralllc1ant. ~ ",..,.n. IIkl1M ClI~raC.cn 1', O. BOl( U48 "lIp.n, eo a1.6ll gear ltt. !l'lIIi1:l\. AiJ ~ eon""l -eant. I hI. ve be.n r.qu..'ted 'lit Bedeen. 1>:dgo"~ I 11011. A:'<lb1t.e.. .. IU". ,...i;t\ ,,",el. 1" l:eqU'd 'to ."W'/1 ettieienc:Y In thl AlpIn lIeadOW. jlrojeClt. l!nor<lY etticiln.y will bl a lligll priority in tile o!.~i~ o! ':U 104\10 ""ib. ", "ill ono!nvOl: 0:0 .,,,,.GOd 1:118 c:o~""" p"d""""""" edteria as well .. 'the IIl'stolllS parlonl&llQe o:1't8do .. IIi""," l.n c:l1ept<ers 4 .no! 5 >:e.p..,;:i~olY ~ 1:110 !Iodal Jlnar<n Cod" U89 Ec1ition. In .rcl8r to ""..t 0"" bi4b .1;lUl"ar4a ot drii::I..".,y, '''' or. eva1U....inq a n_ ef en.7:<f.i er:!Wan<::Y .""atl41" tor the do.iqn, inolUdillll1 . .~ , 1. lIillb pCte..,.,;"oa '11as1n'l products suoh a. I>:>W-t an,,-,or K..ll Id.rror to .u,,1>liz" :..at. le" end o~1>l1'8 conuoL ot .olar l1a.'" 'laio rrooa qlasad ar...... 2. .u~" in.ul.tion taQhni~D. for wallS, root and rioor: eo lainiJs,l.... ca bl>lll1inq'll llOatinq ...q~.llon1:A. 3. Air iaaJ<i4. reduci1:io, .tn"..;i.. to r.lini:&i.. cn"""uolla.s Udiltnloi.;"""tiltntion o~ a1rlom:0IlIJ11 ,tho l:Uill1inQ onvelo~, 4. llaal: ";eCt:.vUY vantilation to,-a~oid '"oloeure probl"u often aa.co1at44 vi~ e1qnt oon.t:uo'tion .. wall .a ~ previae rGqtt:l.1:..s tra.h alr rQqciro~n". w;thout tn" ae.oeiatad hl&t loSS. S. lliql> a~fio:l.enOY ha.ti1\\l .Y.".... llJl(!. oontrols to ma:d.lI.l... one:"IY affl";'.""'" 0_0"",, an4 l.nd.oor air 'l'!"J.l.ty. .' . .. lIigb. Dffioiency tJ,qb"'ihq 5y.U.... 'to provil1c hiqh qceli I:y light . at 'th... lC'i..'t. o~ra;tinc1 and. 11.ta eycl& co.t.. ~ ~lll Provide 4o.~enl:.tion of my tn."qy analysis and r.c:~aeion. for tha .sa.iqn. in ~oor.s"rlc:o ~1t.h eno pr~ioieno ot \:lla lIc<!al ltna1:4Y Qod.. lIj,n08"lY~ ~!-~ xenn.en ~. Ol&Q~ ,n.rqt Cc".ul~an~ ~" . ;~ ~ . ~ ~~ :, ' ~~: ..",: :1\ t~ '1!It' "~ ',4, .J, '.~ .'!. ~ ~ , " :1 :::';:":. ...... ':...~. >" 1""", :~~T.':~:,:'.:~\,:;:'~ ' .' ." .. :;:::\::~{'{,:>"~i,:::::"<:,;';:' .;.,. .:' .: ..... '..,; , ~,~,\:.,,,,),~",,,"..~..,.l;:;o.~~\: ~.,<<'1::.'"", ,~~ .. "..... ,~.... ::-:.1. 1"-:7' . I ... ',- : . '...' t,t. ~ \ "'. ~..,~, ,:-; ~ ~ 'i! .' l'. '.' Ii" ~! 1 " :,,' ".1. ....... ::1 667 ,r., , . r.." T.. ..,.., ':; 804 APPROPRIATE TECIlNOLOGY i\S80M~ Sal'" EIt_rzy !dr $u.ttaln4b" D,y,lapnunt ,en Ilr, ]lrod ssith, v1ca Pr..1dent. )..pan s:ld1.nl: ee~nY Ilr, ICon ).>:dlul.e~U J&okon Ar1qoni , ROSs,Inc. Kr, It.o~o xanipo e1~Y ,ot A_pen, au1141nq Dep~. nell' ICon o~.on. ~pproprl.a~o ...ollnoloqy A..oc1.t... , '," " :'i .f"; J~' ~x.! f',' , '(\ P' A~1llI Illl'rI'rll'rll:, IlEA!lOWI x.ocaJ: >>r.'.' 3 A"'I""t. 1991 AS !nar9:t' COlloult.onl:. I hovo provided onqolll9 ollolyais and ,,*,"""'5"ll1a\:lon. tor tho 'A'pM 1I.0<1ow. projo.t.. I havo ..v.luated tho t1nSl d..iqn opac1tioat.ion. vith roqarG t.o tho bu1ll1in; OIIvalapa om. it.a comPlian.. vith th~ lIo<lol l!nO>:<J1 codo., fto lluUsinO; .llv.loP" ior ....Il of tll.O .....;.. llUl.,l.4lJ>.11O '.n l.>J ~liOo' yj,t.h t.ll. )104.1 a.rV1 o.odo, 1.... ....1d,... .<>iI' ccaaPJ.1anc" il ..t.idi.<1 .. req\l1",d bY soat:ion 503. Ky onolys1. bY 0041 SIct.10n il al rollowa, ' ' COI.1 ulr9Y 0&11.11 . ,,;,.. bU1ld11l9. ill \:.hil projeC'<: .ati.ry \:.h. ",q\l1".,.on-", o! cM.pt..r :t:l..... and ar. thartor' .".opted aOIl tlla'reqU1r-t.. of ..otl.on . 402. 'l:h. ="'I"1~.t\1lIt.1 or d\apt.ar al.lC ara' .PI'~l...blO only t.. bQi.14i"q' und." 5000 squoro Ult l.n rlOo:1: a"'. ond \:.horfore do no\: applY I:~ \:.hil project. ' '02.2 (Sr:l.t...l.. ~.r' ......\<p II l>\ItJ,4l.n(l1 ~or \:lI. pW:p.,. .t t.h1o cod", tho.. bul.ldin'l" l:lO:l.nq "aai...ne101 in na~ aIlll thr.. or la.' atorio. in h.:l.qht .." ola..1n,1d. Group R, , 'tYP" 1.-2. I !t !, 501.2,1.1 lallll orho ,U. of \:.hI Wall. wu d..t:.~n-.1 by' j)q\latiQlI' l and do no~ .xca.d \:.h. v.lU. or' 0.20 llt,,/h-tt .(Iiven in 'tablo 502.3,1. ond .. d.t..",.l.nod by riqu~o #l oe d\.pl:or a.vall u.in(l 1.0,000 Annual Haat1"'1 OO(ln.~al1'" u. volU.. aa <lat,""l.nod to" ..ch ot ,h. bUildin(l" 0,,0 q1vIlI in orabJ.I l of this "oport. ....... ~:..:~: ~..:~ "1....:0... r-, (i j' :::.... :.~<.~~~. . ~...~,~.~~w..:\:~~~~~i~.i; '. ....q..'f. ""~ ..~.,;.~. :.'t.':Z...;.u;,~ ' -:' ~iJX;~~:~~~~~ 'j~;i:j~\:~,~~;~:~;~:>\~::,' ;1 ,.::.,',,?~:- (I! .':"~ ~.... '.Hl'/l;. r. ,'.' ::'. ';:':l!~':.[~.~~:::<::::':'~;'~:".''''~(.",~~I''1.~~~ ,:oS 805 IGZ.2.1.Z:aootl The Ud at the ~oot wa.. determined by Equation 2 And. do.. not uaaocl the :value ot 0.02~ Iltu/h-,t' g!van in -ral:lla' 502.2 ,1 on4 .. il!Auara1nAc1 1:IY P1qw::a #2 at' C~Apt:N' a...,.n 'W!Iinq 10,00D Annual. HM~1nq -CeqT8a-days. 0'0 .,alue& .. d.aeer.:dn*, tor .u.ch o~ tha ~j.ld1nqll are qlven in 'r~lo t.ot' t:hilJ "port.. t-; : . ,~ tx' !. , t ~ tt' ~ " ' 11\ ''I' 101,1.1.3 lloa: ov.~ ~O&tl4.~O"1 , . Ca 'O'er of th. Floors oVer unhea'tec1 crawl ap8c:.a do not. exoeed tha val.ue ot 0.05 BtU/h-,tl qiv~.n in Talll. ~02,3.1 and a. do<U~ by J'iqun #6 0' Chapur Sava" uJ.n'110, 000 Annualllaatl.no; t>eqraa...sa,.,.. 00 valUOIJ .aa 4ot:.arm1n~ for .ach ot 'th.a bU.1.1<1inqs are ;Of v.n in ':il>le, 1 ot thi. report. ' '02...~.4 '1~-oa-q.r.4. ~1oor~t Th!a section doo. no't apply I_ 'there ar_ no .la.tl&-on-~ad.o tor lIeated. .pace.. .GI.l.~.1 c:~l ~. ..ltD. 'thiJI 5tIC~ion .do..' not apply .. t:he~. .~. craW'l 'ap.ac.1II ])glow untnsulat.d floor.. ' la2.2a1ad B&'''aD~ .&11_" l%hA axt.erior b&le1le.nt walla b.low uninsulat:ad flQoro irt. bUilding 'f, UA ,inaulatad to'1\-20 (U- 0;05) WIlicll ",ore than llOtbfh. the u- valua at Q. 0' roquirad. 1:Iy Ta.ble 'Q4. 3.1 and. liqu::''' e. o-E d:1ap't:~ .Q-v.:l uainq 10,000 Annual n.at::.inq eeqree-daYS. 101..2.:1 Coolill'i ~J.t.UJ.a1 'I 'rh& !:6qUir_d .~dG o! thia. aOl:tion hAva k\QQr\ tlora than. .D.t:i.~ied by oomplianoe wit~ pr.vicua ~4c~ion.. i: ~ 10J.'" "h ~.al<I,q.' Msrvin windows and doers a.ra ap.oitled ani han air lnfU t:.ration rat_ which aX'. lCd8 than 'the o.~' ~. (par toot of opdrable liI.ab. oraCX) tor w.1nc:.C'O Cll)d .0:.' cbl. (p.r aquc...-o foot of crla) tor doars. ,," ,. ;:z;.:.( r.:-r.l;...... ~.. ....or-..':', .~~ I"i " ,~._....z..~" ". :..t..'(. ..\ .... .' , ... .'., ~:~~:~H5k'(t:'~:~.': ...};L~~i~~~~~i~10~i: ~7~'~:~~7 r'::.:':~'~ I~.~ ~ ,l7:,! ~,_,~'~.; ~;:~,~':".. . . E:"'I 667 ,~'r:. 806 ..',,0:' .1..(1/. . !nB!.. 1- AC'IWoL U. .. c1..tO%1ll1.ne<1 tor aeel!. In!ld1.nq coil! ' llO~D1G aQU'XRnt!:tlT #1 #% 13 #~ I~ #6 #1 lWL& 'C 0.20 .14 .:l.4 .1.8 .13 .14 ,19 ..14 ,- 1> 5.0 ' 1.1 7.1 5,6 1.7 7.1 5,) 7,1 . JI')07 'C 0.025' .023 ..O~2 .0~2 .022 .024 .020 .Q21.. b II 40.0 '3.6 45.5, 45.5 45.5 41.7 SO.O ".6 fLO(ll\ II O.OS ..0" .033 .O3~ ,OJ3 .033 .0::1::1 .0:1' n 20.0 30.0 30.0 30..0 :)0.0 30.0 30,0 30.0 BUD II/A N/A ilIA NIA II/A II/A N/A II/A It: IX. BASEKElft 0.06 ilIA NIA ilIA 11/" NIA 0,05 ilIA ~:, I , I: " :\ i .. , ..:" " ~1: ~ 1'- . -:. ;,,: ".:~J::',.l<' .. .. :\; .' ~ .4. ...:.....;....j,..._. ~ c. ,.;.:;_i~';': ;)!:~'\Zt::f';;~;:V?:,.;~,;,,~;;X~i~~~~?~~~:J:::' .," .; >..~i. ~::~ ~ '">:.~..,,~,7 ,,' ':,:.1 t,':"'. ~..,.- ...... ".:..~ .,,,....,,.,.,.,,:. ::1" 6671':"6807 Sl1J '. '.' r.o.: '. f'r" i' ":..'" (",..., I . r:".lr; 't.P'-' I~~Y IXJ'OlIIOo~lOlf ~ioa1 gpaqul wall slotion ]!Xt:erna1 Air rillt 'STO' ~11c ?laa~8r 1" Ph9noli~ foen ~i;id InsUlation '/1" anlM. 6" ril:>lrqall Batt Inllulation' '1./2" OW lld, mtlrior Air rill ~1.L j1...valu'ri lJ_vaJ.ua . ov41'o1l ll-va'1.UI .c1jUlUd tor 2X rrlllD1nq @ '1.6" 0.0. '%piau Ilo~f ,"odo.. , z:>cterior Air :rill> R:tP"10n 11-....' 5/8 ~lyvo04 Sbaathinq 15" r11>1"'11..... ])at.t. 1l\1IU1.tion "." fto:t11 lid. ' In""dor Air J'1l.J1 'J:OT.!IL :a-v.lu. u-valu. . OY'erall tt-valUB adjU5ted tar 2X frai.ng @ 1.6- o. a., 0,17 B.OO 0.56 1',0 .45 O,6S 28,S6 0.03' 0.17 0.77 4,.5 O~5' 0.&;L 41.61 0.020 .' . 27.5'7 * 0.0:)6. ,'t;", ,', . ~ . ~J.J , ,~: ';s:= .' '- ~I , :~ :~t' ! ..f} 1. '\ 'f .".14 . 0-.02:1. . !ypi..1 0'1.1.18Q unit. " Splc!.tioat!.onl tor ,].1 <;l..od ..1ndOW and door un1U un sps.l.!ild to ~. .upplia4 w1th ov~r&ll a_value o~ 0.286 (R-3~5' I 'f1Plo&l 1XY11<;ll.t SlcrH<1lltl! .::. Silicified to b6 SU)lpUed with _:dJlum overall u-value of 0.30 (Wl.nt41' v.lul) .,.,..".J. sooUo,,' 'l/YPiool X"oulO...dSPa.ndrol section. are 8p""itiod eo hlv. 11&inl.>NS a-val"" of 10. ' I " , ~~'. .' I /~.."'/ ~.~..,~ -;t..:':. "":~~ " l' ~ ,""'''\, :J .. 'II J~..... ... " I ...0 ~,Ioh..: .,.'1.t,I:!J.~' ",.. ",.~ ",I 4'~,;-t,'>!~ ',t..,... . . ..... .,), ."'~ .'':!.' f. .:. ...h'.lolO- t. fto\...:":"..;...;t:; ...~... .".fit; . . '. . . >!--;.~~.\~$;;'~":~ '.;. .::'S::~~:;.. ..;:.:y;,:..,:\o. ,.:'..':;- . -> ."f;o:\~' ''I",t.. f\J' .'~... . ~ . '. \ .' ';., ;;.r ,I'. .1' \.j "'~.' :'""" .._.... w'.'" ~ ""::;' .. -;., ". '...!.',;. ","t' ~.:.'r)",: ;""':.... ..;~i';~;,,"'~:;",!,." '.""":'~_~1...,:~~...:1~:"..r'~~.;,1,'),., ": >\'" . .....' ...._ '..'~-l...... ....,."'1.., :f.t., ..... '. ;", ';'.; !t::4('l?"37 ()lI:::.l/';": i"~: !.~ Rec 1>41)1).('(' l)V 667 r.'.~ 80S 'Jl~vi2 O~"/i'j. Pl1:l-:i!"l Cntv erc!"1... Doc 1'."1'" EXlII13IT lOG" MAA/REHEARSAL PERFOIU(ANCE lIALL ENERGY CONSERVA~ION OESCRIP~ION 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 80-8S\ 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 sutlUner. . 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 technique~ in high efficiency illumination where ever possible. I~ 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 <edueing overall operating eosts th<ough the ineo<poration of every appropriate energy ~onservation technique. May la, 1991 ~ \l.;~~;.. ,~ .:" t ,~ '!' .." , '.' " - -,' '. :\ ,'J -.\ ,'i;.- :~ ;~ , ;~I 'I' I " " ~ ' y I .......,. $~ ,,:...;'0( '; ,.." t1 11"'1:"\\ ""'1.11.. ;;;.,.,;;;.~Ag;t{f ~St~"~'&~'"~~~1:?~f~ft;, ;~;'l\:.,=,::. -:..tI:::,.t/'?: ~t.; ~::. r"~",-: ,!..-l,:t.).l)') :-~-: 667 r-'G 809 ';,iJv_;.~ r,."~'i:':" '.'t~.':n ,.(.....; r:l.~r.~:. C'<:j.: $.(") ....;;. ~....~~~.:. .. h ~.b'(,1 ...~'e...-,:~;1; EXHIBIT "H" March 21, 1991 Ms.- AmY Margerum Planning Oireceor Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Aspen MeadoWS Final SPA: ,Impact of Construction and Oevelopment to Native vegetation . . t' \-; "~~ ~;s:. ,~, , ,~ Dear Ms. Margerum: This letter- is :..ntended as clarification to Item 26, page 32, 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 ~lans, !'-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 ideneified on the Ey.isting Conditions Plans, L-l through L-4. Th~ 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. ~evegetation of ail disturbed areas of native vegetation will oc~ur based pn 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, , ,. '- ' ~~~. '--~: ';.n',:~;. ",...." , r-, I ~- ! ,~ ,;', ''t,.::<':.>'l}:'<'' ! ~. :;~ ..;;.. 't~:"-:, . ~ .' .- . . .:~', .:-.... : :,~;~ij,!:;ii';;::i':~':':':>':}:': ,. " " ,..~~d'~::....,~.... .. .,..?;..~ 1. ..:;"~, .. -:. ~ "; i-:: ;. .',! .::.:;.;,:.., I. . :- ". , '\':';'('. (..:, nf :.: ""': . ["''"1\. '."'.,- 667 ':'>G 810 ,,:;: : ,n.:! I:' '," !,,',,:. 1,....\:..\\...1,.1,..1.1'" Ms. Amy Margerum March 211 1991 Paae 1"''''0 Native plant materials will ce obtained f=om a nurse::-y such as Nati';e !?lants, !nc. in Utah. This nursery has a wide range of ~at.ive plants including Sagebrush, willows and Gambel's Oak, all of which are common on the p=c~erty. The plants are container grown 1 they come in many sizes and are dependable growers. Withp:oper wateringl Sage and Willows g=ow rapidly. In conditions where slooes exc~ed 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. 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 k~pt moist during the first growing season. By following these qUidelines which have led to successful revegetation with native materials in p=evious projects, we feel that the Aspen Meadows property can be maintained as an attractive manmade environment along with a healthy, natural landscape. 2. 3. 4. Sincerely, CSSIGN WORKSHOP 1 INC. -a~ Don Ensign l?rincipal DElla i G :~,' 1.'= :J:. , , I~ !:tl I 0';" 3S54&5 B-7'33 P-755 1"""'>/15/'35 03:1'3P PG '1 OF 3'-' SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER ! REC DOC 1&.00 N AMENDMENT TO "THE ASPEN MEADOWS" SPECIALLY PLANNED AREA DEVELOPMENT AND SUBDIVISION AGREEMENT THIS AMENDMENT is made and entered into effective the day of July, 1995, by and betWeen the City of Aspen, Colorado, a municipal corporation and home rule city (the "City"), acting by and through the Director of Community Development (the "Director") pursuant to the provisions of Section 7-804 of the Land Use Regulations of the City of Aspen (the "Code") and Savanah Limited partnership, a District of Columbia Limited Partnership ("Savanah") with reference to the following: RECITALS 1. The City and Savanah are parties to "The Aspen Meadows. Specially Planned Area Development & Subdivision Agreement recorded January 25, 1992, in Book 667 at Pages 731, et seq., of the Pitkin County, Colorado real property records (the "SPA Agreement"). 2. Savanah is the owner of Lots 7-10, The Aspen MeadowS Specially Planned Mea (the "Residential Lots"), which were approved in the SPA Agreement for development of single- family residences. 3. Subsequent to the development approval for the Residential Lots, the City adopted Ordinance 35 (Series of 1995), which contains provisions that are inconsistent with the text of the SPA Agreement insofar as the Residential Lots are concerned as a result of which, and pursuant to the provisions of Section 7-804 of the City Code, Savanah has made application to the Director for an Insubstantial Amendment to the SPA Agreement in order to conform the text thereof to Ordinace 35 and thereby eliminate any confusion in the public as to permissible building activities for the Residential Lots. 4, The Director has considered the application of Savanah and has determined that the requested amendment to the SPA Agreement involves technical considerations that could not reasonably have been anticipated during the process culminating in development approval for the Residential Lots and is, therefore, prepared to authorize the request of Savanah as an Insubstantial Amendment to the SPA Agreement. NOW THEREFORE, in consideration of the foregoing Recitals and pursuant to the provisions of Section 7-804 of the City Code, the parties hereby agree as follows: First, the language that precedes subsection 1. Dimensional Reauirements of Section II, G of the SPA Agreement shall be and hereby is amended and revised to read in its entirety as follows: Lots 7, 8, 9, and 10 are owned by Savanah and are zoned R-1S according to the Plat. These lots are currently undeveloped, Each lot has received ~- . 3854&5 B-793 P-75& ~15/95 03:19P PG 2 , OF 3 ,I"} Second, the parenthetical note following Section n,G.l.j), which reads.~ The square footage includes an accessory dwelling unit of 500 sq. ft. and excludes a garage of up to 500 sq. ft,)" is hereby deleted in its entirety, a development allotment under the City of Aspen GMQS and has received certain variations from the minimum R-15 zone district dimensional requirements, as noted on the Plat and as described in Section II,G,1, below. Each lot has been approved for the development of a single family residence, together with an accessory dwelling unit, which shall be used, occupied and rented in the manner provided in Section n,G,4, below. Each lot has a developable FAR of 4,540 square feet, including the accessory dwelling unit of 500 square feet above grade, but excluding a garage to the extent of the exclusion therefor allowed under the provisions of Chapter 24 of the Municipal Code. As of the date of this Amendment those provisions provide that if an owner of one of the lots wishes to constrUct a garage of 500 square feet, the developable FAR remaining for the single-family residence and accessory dwelling unit would be reduced by 125 square feet to 4,415 square feet. Each of the four single-family lots has a specific building envelope as shown on the Plat. In all other respects development shall proceed in accordance with the Residential Design Standards and FAR definitions contained in Chapter 24 of the Municipal Code and any amendments thereto, Each owner, at anytime, of any of Lots 7-10, inclusive shall be obligated to comport with and abide by the applicable terms, provisions, and conditions of Ordinance 14 and the Plat, IN WITNESS WHEREOF, this Amendment has been made and entered into as of the day and yea.r first above written. f>>""",O'-lt-O ~ ~F "R"" ,Co"""", M_ '1 0:;, \<;<;S J\J\... 'f:..(.\O?' , \~,&'\IJ.Y< -\0;\-( \leJ\:'-'_c,?~\'I CO~"\V,\' C\'Ii oCr "'" ~ . r'j B-793 P-757 0':015/95 03:19P PG 3 OF 3 f"', !J 3854&5 STATE OF COLORADO ) ) ss. COUNTY OF P!TKlN 4L _I The foregoing ins~Dtent wall acknowledged before me this ~<; day of ~"~ ' 1995, by j,j:)f'I t/.:l\JJ1)i\ as Director of Community Deve1 ent for The City of Aspen, Colorado, a municipal corporation,. i W. ku . <<.,'<:;...., ....,....01, . S. ~y ban~ d official seal. ~/ ~'01 !\ t? y , " t" '. y coIlJllllSSIOn expll'eS .: ,'" : : 0:;. 'I ' . ~ ~ PU' n\...', j ':0_.....'... U \. . .) 'l,. of '. .,' " :' Ve 'OF"e,'~':~:~" ~~", STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this r~T/f day of ~GMBa2.. , 1995, by Omar Benjamin as President of Aspen Enterprises International Inc" a Colorado Corporation, general par1ner of Savanah Limited Partnership, a District of Columbia Limited Partnership.. WITNESS my hand and official seal. My commission expires: (SEAL) ~ l@' .,~ g:=:r~ . -- 0" Pub"; J l.DI ~: c:AURlAIoo\ ll$ '!.: . J Itt-"~Rit.~~i rb\uv.m\ameod..apa , ' ,....,. . ,,_,_ .,..__..__ ..-0 " -~ >~,m:l L996-'71 , - ~o.;.::> Sf A OCCUPANCY DEED RESTRICTION AND AGREEMENT FOR AN EMPLOYEE DWELUNG UNIT APPROVED PURSUANT TO ASPEN PLANNING & ./ ~J ZONING COAfMISSIONRESOLUTION NO. 91-10 AND CITY COUNCIL ORDINANCE NO. 14 (Series 1991) r-NG OFC , ,RP~ 20 '99 01'22PM RSPEN I :;.' THIS, AGREEMENT is made and entered into this ~ I day ,of April. 1999, by Medicine , Bow EqultyVentures L.L.C. (hereinafter referred to as "O~ whose address is 660 Meadows Road, located in the County of Pitkin, and the Aspen/Pitkin County Housing Authority (hereinafter APCHA), a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTER-GOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority"). WITN ESS ETH ','",' WHEREAS, Owner owns real property more specifically described as Aspen Meadows S.PA Subdivision Lot nherelnafter referred to as "Real Properly"), which Real Property shall contain one "Free-Market" unit and one affordable dwelling unit to contain one bedroom. approximately' 500 square feet. approved .' bY the _Aspen Planning & Zoning Commission Resolution No. 91-10 and City Council Ordinance No:14~s 199'1.}. For purposes of this Agreement, the Employee Dwelling Unit, [he R\:oi:ll Pluperty, an all appurtenances, Improvements and fIXtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS.' this Agreement Imposes certain covenants upon the Property which restrict the use and occupancy of the Employee Dwelling Unit to employees and their families who are employed In Pitkin County and meet the qualIfication gUidelines established and Indexed by the Authority on an annual basis, NOW, THEREFORE. in consideration of the mutual promises and obligations contained herein. the Owner h,ereby covenants and agrees as follows: 1. Owner hereby covenants that the Employee Dwelllng Unit described above shall at all times remain a rental unit and shall not be condominlumized. 2, The use and occupancy of the Employee Dwelling ,Unit shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of "qualified Category 1 employee" as that term Is defined by the qualification guidelines established and indexed by the Authority on an annual basis. The Owner shall have the right to lease the Employee Dwelling Unit to a "qualified Category 1 employee" of his own selection, Such individual may be an employee of the Owner, provided such person(s) fulfills the requirements of a qualified employee, The unit must meet occupancy requirements as established by the APCHA and reviewed from time totima. 3, The Employee Dwelling Unit shall not be occupied by the Owner or members of the immediate family rlmmediate Family" shall mean a person related by blood or marriage -..---.,-..-.-......,'... t'j t'j wi'Iolt .11fllt ccusln [or closer relative] and hils or her children) nor sh.n the Employee DweIPI);ynllbeui5ed a pet hauBI,or,gueet facility, ' "WrlttliriViiirllitationof employment orllmp!oY"(s) 13rOposed to l'elllde In the Employ" DWi!nlii;~ Unit/slian be completed, and tiled with the Authority iii \he owner of the . ,EmpJoyea-IDweIUng Unlt PRIOR to cccupancy thersaf, and such v.rific:atlon must ,I!!.~ acceplabl,to the Authority. ' / ' I ....... . , -, 5. The Employee DwelUng Unit shall be required III be renlad fill' 'Pitied! of no 1H8 than six (6), I;QPlleCUtlve ,monthe, Upon v;cancy c1!1'le,' employee OW,llIng Unit, the, OWner fa grarrtad farly'.fNe (48) daye In which to locate a quaIIfll'ld emplayee. If no .mploy.e Is , , , plliloed by the OWl1er, the Authority may rent the Employee DwellIng Unit to a qllanfild employee, ' 1, :', "'~. , ""." ~'if~:;. ': , ~l~~J\;;" -,' rm;.lilif;,~4 '.. .' , ., "'H. I ,~ ; t!Ihll:!r:. ... :4, , I, , 6. The mllXlmum rental rate shall not exceed the Category 1 nantal rate as set fClrth In the RMtI1Guldellnel,eei8bllahed by the Authority and may be adjusted annually IS sat iorth by the. GLiideUri!!$. The maximum perm"ted renl for the unit Cln the date of8XICullon of !I'lls deed i restriction 1& 8429 per mDnth. Rent shaH be verlfjed and llpproved by the Authont.Y uPon isubmlsslon and approval or the leaee. EmplOyees shall bIIl\ulllltled by the ' Authority as to employrne\'lt only, and not mulrnum Income or lluaet limitations. 7. The Unit mU&t meel mInimum occupanc;y; 1:8,. on. pmon per bedroClm. 8. L..IIQsl!lagreements llXB~ for oei:upancy of the Emplcyn Dwelling Unit ehalf provlde for a rental term o~ not less than sIX (6) consecutive monthS. A signed and exacm.d eopy of tI1eleill&:ll~aDbe provided to'tha AUthority by lt1e OWner within ten (10) QIYI of approVe! ofe\'l'lplciYee(s} for the Employee DweDlng Unit. ' ' " s. Thi. Agreement shall con;titule covenants running With \hQ RuI Proper!)' as a burden bragn fer thll benefit of. IlIlcl thrill be apeclflcany enfonleable by"thlil Authl1rity.lI'Ie Board nt'l mlssion81ll or the County of Pill<ln, ColoradCl, al'ld, 1heIr I'IISpedlve SUcceSBOI'&. as pKeable. by any llPJlI'l'Ilrlale legal don including, bUt net limited to, InJunction, abatll nt. or evldlon of tiOl1-l1ul'lnt1ed tenants. BOF, Ins partiel hemo have elCecuted 1hls instrumCll'lt 01'\ this dlte and "-'" ~ Medicine Bow qully Vii (Notary on neld P908) z j1~1! .- .,':.':';." " .,,., , .j:'. ' ','. . ' '., " ;- . ,.,.', . .'-".': "':}U;l%~r. ,. ;'::'/::~';.' . '.,'.; . I. ' ; .:...;;;~;J\~1~t~~~: APR,20 '99 01:23PM ASPEN '-'NG aFC t"'\ P,4 :11';1>' . ;i>v::' \ f;';, ~:,,:r;:.: I~ ~f~C;..: . .~ STATE OF CO\..OAA1>tl COUNTY P~"1"'I4,J ) ) ) ss. __J. The foregoing instrument was acknowledged before me this.1:L day'of April. 1999, by Medicine Bow Equity Ventures L.L.C. : My Ccirnmiaslon , '.,' Exp/nIa , rllllniary 18, llOO3 ACCEPTANCE BY THE HOUSING AUTHORITY .--- The foregoing agreement and Its terms are accepted by the Aspen/PItkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By: Frank S. Petars, Chairperson Mailing Address: Aspen/Pitkin County Housing Authority 530 East Main, Lower Level Aspen. CO 81611 STATE OF COLORADO COUNTY OF PITKIN ) ) ) ss. The foregoing instrument was acknowledged before me this _ day of 1999, by Frank S, Peters, WITNESS MY hand and official seal, My Commission expires: . Notary Public ( . , .- ( r , " " , ." 3 '. . .' ..' ,'. ~ ~ ...-.j - ATTACHMENT 1 ASPEN/PITKlN COMMUNITY DEVELOPlVIENT DEPARTMENT City of Aspen Development Application Fee, Policy The City of Aspen, pursuant to Ordinance 45 (Series of 1999), has established a fee stnicture for the processing ofland use applications. Aflat fee or deposit is collected for land use applications , based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provIde a summary report of hours spent at the applicant's request. ' After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are, paid, In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be , refunded to the applicant. ' Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associaIed with processing the application. The Agreement must be'signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the reverse side. I"""'J t1 ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Al(reement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1, APPLlCANT has submitted to CITY an application for (hereinafter, THE PROJECT). , APPLlCANT understands and agrees that City of Aspen Ordinance No, 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3, APPLlCANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the "oslS involved in processing the application.' , APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLlCANT on a monthly basis, APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLlCANT agrees he will be benefited by reraining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless CUlTent billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review, Such periodic payments shall be made within 30 days of the billing date, APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT tL-L J. Julie Ann Woods Community Development Director , By: Date: Mailing AddreSs: g: \sup portlformslagrpayas.doc 12/27/99 ' t"". f'l \. <f ASPEN/PITKIN COMMUNITY DEVELOPMENT 2000 LAND USE APPLICATION FEES CATEGORY HOURS DEPOSIT Major Minor Staff Approvals Flat Fee 12 6 2,310.00 1,155.00 480.00 Exempt HPC Minor HPC 'Significant HPC <1000 sq. ft. Significant HPC >1000 sq. ft. Demolition, Partial Demolition, Relocation Referral Fees - Environmental Health Major Minor Referral Fees - Housing Major Minor Referral Fees - City Engineer Major Minor Hourly Rate - FLAT FEE 265.00 65.00 480.00 1155.00 2310.00 2310.00 330,00 170.00 330.00 170.00 330,00 170.00 195.00 f"""., LAND USE ApPLICATION PROJECT: ~ Name: Location: (Indicate street address, lot & block number, legal description where appropriate) ApPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: TYPE OF ApPLICATION: (please check all that apply): o Conditional Use 0 Conceptual PUD o Special Review 0 Final PUD (& PUD Amendment) o Design Review Appeal 0 Conceptual SPA o GMQS Allotment 0 Final SPA (& SPA Amendment) o GMQS Exemption 0 Subdivision o ESA . 8040 Greenline, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane Lot Split Lot Line Adjustment o [l o o Temporary Use Text/Map Amendment o Conceptual Historic Devt. o Final Historic Development o Minor Historic Devt. o Historic Demolition o Historic Designation o Small Lodge Conversion! Expansion o Other. EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) I I PROPOSAL, (d=iptiM of propo"" b_ .... m""""""'" "") Have you attached the following? o Pre-Application Conference Summary o Attachment #1, Signed Fee Agreement o Response to Attachment #2, Dimensional Requirements Form o Response to Attachment #3, Minimum Submission Contents o Response to Attachment #4, Specific Submission Contents o Response to Attachment #5, Review Standards for Your Application FEes Due: $ r~ (") SUMMIT DEVELOPMENT CORP. 601 E. Hyman Avenue, Ste. 103 Aspen, CO 81611 ~~ FAX #: f.:? 3-~.2 7' .;;2... FROM:~ ~~ TO: FAX TRANSMISSION DATE: P~I/7'? PAGES: RE: COMMENTS: 4/~~ 0~4- , ~~~ CONFIDENTIALITY WARNING This message is intended only for the nsc of thc individual or cntity to which it is addrcssed, and may contain information that is privilcgcd, coufidential and exempt from disclosnre nnder applicablc law. If you aj.c not thc intcndcd rccipicnt, or thc cmploycc or agcnt responsiblc for dclivcring the messagc to thc intcndcd rccipicnt, you are hcrcby'notificd that any dissemination, distribution or copying of this conlIlInnicatiou is strictly prohibitcd, If you havc reccivcd tIlis cOlllmunication in error, notify us illlmediately by telephone aud return thc original mcssage to us at thc addrcss above via the U.S. Postal Scrvice, Thank yon, (970) 920-17421'hone * (970) 925-1711 Facsimile ~ "'> ."""." I LTD PARTNER 1'4 'Jl ~ ~j CI) ~ c.. >' -. :> ["""" ;: i! If.... '\ ;> Z Z ;;3:. ~ o t.IJ 0 ~::~!'," ~ "" - ,-i .' ~ en ,,~v ... ~ _ .J:~..!l:H- ", 0 > ...."1 l;::; ~ _ ~;il~::~ .2; l.Q 0 ---.J"' Z > t:Q ~f,Pl~i l.Q l.Q ::l . ",1", "" -- CI)'~'1118 (.I) ~ 1\'-"';}~..J <t: . -111=lh' <; <t: ,_, II u:J &::..t Z :i"G~ef, - o_.!.t;!_ 1=: CI) ~~;; :;! 0 <.I Z~ Ii:: ,/ -< '\. 3 "- ',. ; ,. ", ;., ;:; ~~ N ~ . 0",_ '''"', .;.; "';. /' '3,.':' / ~1-88 - ..oJ '\~I'1< r)~1 , , /: // t L ", :::":1 ',' \ .-i ( .\';::;,..:...:.:=-.:, 1: ~ Si ! ~ I' . \ J , H rl! iii -"'-..--. , ,/ ., ,~' { ; 11: 15AM -- / :: 3: 3039?- 4,3 -+ y,',' ,'> \'>\ \ \. ...' .,~~~" /''\ \ \~:>,:::\,:;,::>'\ \ _:..\~~. " ,', / " ,', " .\ '.",...... -\.' _,'t , I l ( ! , ; , 1 $~ e% _)~jl, ..-:-.P-~.-;-;..;;;'~""'" ." .~:.' .-~.:y~." .-~. /' _,,,.JJ:i;J!i~.J:.:' ~#"-' ~'_.--'" I ? , " " 9~ .. ,~. .~t~ 0r.~ ," / ~ ~\ ~;.; ~;:!~ . . j JO , t1hli ! !...~~j~ ._ oil. ~ I";". :::ljjl~. l1HH . . ~ 0..0.0 \.~~~. \~~.:~~. ~/ \~-:' ;:..' ,~ ,.' 8251711;# 1 .- -- c:.-- ~ \':". - ..;.--'~ \~ ~- t-: , I ',..,~:i ~ "~.:;i~~~' N; , . (/)1 . - I ..... .,:~, :~~.:. ".., ill." , ;'Iii ' 'jj . :;\.~: t'~. :~. ':""', :~. .II':' '~ t:~";. . ';i},:'.' v: t"' 9 "- \. . ..'. . '1~ . ":s-' -. ':'>"< ", "'"1 ..:..r ' ...." :,;..::;;... ',~. ".,r.::.. ~I .~:,~,~ '~. ,..~ , .~ "c!iiill' ,"of"" , AVANAH LTD PARTNER : 8:::.21-98 'l1:17AM ; 30392,AgB.9.. 9251711;# 2 SENT, BY.S . . .. r....'i.i)93./{)1/~"+-I"'f~ J.O:.I......' "t:'\.. nt.'......"""... ggJ IU rQ-r '. ' ,- Sil:"'ia Davis, F'itl~in C~ty C""" ,(. Doc: S.Ot) " from the guaranty delivered by Savanah of the agreed estimated cost for that ponion of t1te 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 gi.....en. so long as such substituting form meets the requirements for form and content above set fonh. Any such substitution shall be subject to the prior approval of City Attorney in his determination. 6. Emnlovee Housin2 In connection with the construction of the seven tennis townhome townhouse condominium units on Lot 6 Savanah shall pay to the City an affordable housing mitigation impact fee for 1.66 low income employees Per unit for each of the seven new residential units on Lot 6, in an amount to be calculated pursuant to those fee guidelines in effect at the time the fee is to be paid, The fce shall be paid prior to the issuance of the building permit for construction of any new residential unit on Lot 6 and shall be paid in proportion to the number of ur,1its sought to be permitted. f t 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-IS according to the Plat. These lots currently lIIC undeveloped. Under the SPA, Savanah has been granted approval to develop, on each lot, a single family residence together with an accessory dwcJllng 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. F ARs and the definitions thereof for the residences and the accessory dwelling units shall remain as set fonh 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 F ARs. The four single family units have specific building env~opes as shown on the Plat and will be subject to proteetive covenants that will be placed of record prior to the sale of any of Lots 7. 8, 9 and 10, which covenants will, at a minimum, provide for (a) the establishment and incorporation of an association of homeowners with a Design keview Board, at least one member of which shall be designated by the City of Aspen HistoriCal Preservation Commission. which Board shall have original jurisdiction in all matters inVOlving any change to the then existing state or condition of any loti (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.theteofto comport with and , '\ 30 SENT'BY:SAVANAH LTD ,PARTNER \ . B~-eB ;11:1?AM ; 303~ 1~ 11$4'''';37 ()1/24/92 i6: 13 F;ec $4Clt;.;OOB~~ 667 Silvia Davis, Pitkin Cnty Clerk. Doc $.00 8251711;# 3 PG 765' 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-IS 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 arc noted: a) Minimum lot size: 15,000 sq. ft. ~. The minimum R-15 zone district lot size per principle dWelling unit has been rccIuced to 12,000 square feet for Lots 7, 8, 9 and 10.) b) c) Minimum lot area per dwelling unit: 12,000 sq. ft. Minimum lot width: 7S feet ,( i, , -., d) Minimum front yard: i) ii) Residential dwelling: 25 feet Accessory building: 30 feet e) Minimum side yard: 10 feet ~. The minimum side yard setbacks have been reduced by the City under the SPA to zero feet for the West side of Lot 7 and the East side of Lot 10.) f) Minimum rear yard: i) Residential building: Accessory building: 10 feet Ii) 5 feet ~. Rear yard setbacks for Lots 7-10 are as shown on the Plat.) g) Maximum height: 2S feet '-", 31 SENT'BY SAVAN^H LTD PARTNER 'q~'-98 ;11:1BAM ; 30392~"~ : f', \ f",.. lllf;';''ff't.,; "''' 1.;;1 ""'c. '" ,J !:ft'. ....f Silvi'; Davis, Pitkin Cnt~ Cler'~'.Doc: $.00 9251711;# 4 r'''' (101:o h) Minimum distance between detached buildings on lot: 10 feet i) Percent of open space: No Requirement bt'O j) External FAR: 4,540 sq. ft. ~. The square footage includes an accessory dwelling unit of SOO ~ ft. and excludes a garage of up to 500 sq. ft.) ~~ k) 1) Internal FAR: no requirement Off-street parking spaces: One space per bedroom, and one space per accessory dwelling unit. ,;' ....'\1 , \1') 11")\ < ,,\,< " Site Improvements , I a) Utilities, All telephone, electric and cable lines on the Propeny servicing the improvements shall be undergrounded. An water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and as built casements will be provided as required. It shall be the :requirement of Savanah to install all utilities to the lot lines. The utilities shall be installed in connection with the construction of the new Meadows Road. 3. Financial Assul'llnces In order to Secure the construction of the site improvements in Paragraph 2 above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above-described improvements. As a condition for issuance of a building permit for a portion or all of the utility installation, Savanah and City shall agree on that portion of the work outlined in Paragraph 2 above reasonably necessary to complete the work for which a pelTtIit 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 fony clay 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 a~~ociated with any such 32 -N'1'BY'SAVANAH LTD PARTNER . fl-o'l.1-98 ;11:18AM; 3039Z"Y""f' SI:JI' , , ' " r :;701/24/9216,13 Rec $. ~ ,\0 Eli( 667 S~lvia Davis, Pitkin Cnty Clerk, Doc ~.OO 9251711;#5 F'G 767 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 n:.Iease from the gu;u:anty delivered by Savanah of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site improvementS shall be retained until all proposed, site improvements are completed and approved by the Public Works Director. At anytime and from time to time, Savanah shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be ", t to the prior approval of the City Attorney in his determination. . 4, Emplovee Housine ,< . In connection with the construction of each single family residence there shall be constructed an accessory dwelling unit of 500 square fcctabove grade, These one bedroom units shall be deed restricted to the low income rental guidelines in effect from time to time as detennined 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 "n. 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. ADDmONAL PROVISIONS AND AGREEMF.NTS: 1) AcceSS/Emer~enc.y LoQp. The thirteen foot service acc\lss/emergency loop drive serving the lodge buildings on Lot 1 shall be constructed with an all weather surface adequate to suppon fire-fighting apparatus, Such access/emergency loop drive(s) shall be plowed, cleared and maintained to thirteen foot widths at all times of the year and particularly during the winter months. 2) Fire Protection, All buildings to be served and accessed from the thirteen foot access/emergency loop drive shall have interior sprinkling fire protection/ suppression systems as approved by the Fire Marshal and such system(s) must be approved prior to the issuance of a building permit. "'. 33 SENr BY:SAVANAH LTD PARTNER ,I .._". 6) 7) '" , R.o.<11-98 ;11:19AM ; 3039?-.3.llI\.... 9251711:# 6 f)'''''':''' UI-/;';;<I/.,.:': 16: 1.3 Rec f). ()(J Sf( 667 F'G 768 Si.vi.. Davis, Pitkin C_nty Clerk, Doc $.00 3) Fircl'lace RCiulations, 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 thereot) shall be subject to review and determination by the Clean Air Board. 4) Drainave Mioiatioij. Prior to the issuance of a building permit for each component of the Project, a drainage mitigation plan for that component for run- off during construction activity shall be submitted to and approved by the City Engineer so as to insure against or minimize run-off into Castle Creek and the Roaring Fork River. 5) Fultitive Dust Control. Prior to the' issuance of a building permit for each component of the Project, a fugitive dust Control plan for that component must be submitted to and approved by the Environmental Health Department and applicable state agencies. Additionally,a fugitive dust COntrol plan must be submitted and approved by the Environmental Health Depanment for the MAA parking lot prior to issuance of a ,building permit for the MAA rehearsall perfonnance facility. Enerl!Y 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, HV AC, 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 ~d/or covenants for all single family homes and condominia. EneliY ConservAtion - Institute and MAA. Non-residential construction and facilities shall utilize state-of-the-art energy conservation and efficiency measures as represented by the Institute and MAA.. Accordingly, detailed plans submitted for building permits for the lodge Structures and the MAA. rehearsal/performance hall must be accompanied by the energy information provided to staff in the Appropriate TechnOlogies Associates'letter of May 3, 1991, Exhibit "F" and the MAA RehearsallPerformance Hall Energy Conservation Description document submitted to Planning staff on May 20, 1991, a copy of which is attached hereto as Exhibit "G". The engineered thermal envelope calculation will be verified by the Building Department according to the Model Energy Code. 34 SENi'BY:SAVANAH LiD PARTNER : ~-98 ;11 :20AM ; 303925'}~ Sib<, , 'avis, F'itfdn Cnty Cl..r-~;, _M':: $.OC' .m1711;# 7 8) " Fox Dens. The Consortium has constructed replacement and additional fox dens in a manner and at locations selccted 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 10 the Plan shall be implemented in accordance willl lllose guidelines as set forth by Design Workshop in its letter of March 21, 1991, a copy of which is attached hereto as Exhibit "W. All re-vegetation shall be inspected and monitored by the City to ensure that rc-vegetation effons 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 Depanment and Planning Office. Prior to issuance of building permits for individual components, the locations of all fencing and banicades shall be Submitted to and approved by the Building Department and the Planning Office, All fencing and banicades 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 Propeny (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 consen't 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 willlheld. 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 '~ 3S ''''''''':'''~''"'''';_''''i SEN~ BY:SAVANAH LTD PARTNER, '~H6 ;11:20AM ; ~OW R:. ~'" QCH "'b92~~1:i1;# 6 ::." ' "Davi s, Pi tkin Cnty Cl er k, Doc: $.ljO I Property, subjc:oCt to reasonable reg'ulations as may" from time to time, be established by the owners thereof in order to protect their property, as well as the academic pnvacy and serenity of the campus, its programs and the health and safety of other users and visitors, 14) MAA PlITlcin~ Lot. The MAA parking lot shall be plowed and kept clear of mow during all wintertime performances or functions at MAA facilities. m. MISCEI.LANEOTrs A. PERIODIC PROJECT REVIEWS ..,,--... To the extent practical and necessary, evezy six months following the date hereof until the construction of all components of the Project is complete, the Consonium shall, if requested thereby, meet with the City Planning Office for the pUIpose 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 ~ning Commission on the outcome of one or more of these meetings. The Consonium and the City recognize that these meetings, when deemed necessary, are for pUIposes of providing progress reports and developing mutually acceptable solutions to any 'problems that may be encountered during construction. ..,,-" B. NON-COMPLIANCE AND REOUEST FOR AMRNTlMRNTS Q~ EXTEN~TON~ 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 anyone 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