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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 04/26/94 PARCEL ID AND CASE NO.
DATE COMPLETE: 735-222-29-008
STAFF MEMBER:
PROJECT NAME: Aspen Institute Extension of Vested Riah s
Project Address: Aspen Meadows proiect
Legal Address:
APPLICANT: The Aspen Institute. Inc. (420) 827-7268
Applicant Address: Box 22 uee stown Mar land 21 58
REPRESENTATIVE: Kaufman and Peterson
Representative Address/Phone: 315 E. Hvman 925-8166
Aspen. CO 81611
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FEES: PLANNING $ 978 # APPS RECEIVED 3
ENGINEER $ # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ 978
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: ..lL 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date I~ PUBLIC 00)
HEARING: YES
VESTED RIGHTS: YES NO
DRC Meeting Date
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REFERRALS: N1)).I'
City Attorney
City Engineer
Housing Dir.
Aspen Water
city Electrio
Envir.Hlth.
Zoning
Parks Dept.
Bldg Inspector
Fire MarShal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School 'District
Rocky Mtn NatGas
COOT
Clean Air Board
Open Space Board
Other
Other
DATE REFERRED: INITIALS: DUE:
=============================================r==================
FINAL ROUTING: No N( DATE ROUTED: ~ tJ. 'J INITIAL: 'f>W
___ City Atty ___ City Engineer ___Zoning ___Env. Health
___ Housing ___ Open Space Other:
FILE STATUS AND LOCATION:
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THRU:
MEMORANDUM
Mayor and city Council .1 ~
Amy Margerum, City Manager ~ ' ~)
t.,..l/ '
Leslie Lamont, Interim City Planning Direc
Kim Johnson, Planner
TO:
THRU:
FROM:
DATE:
July 25, 1994
RE:
The Aspen Institute - Vested Rights Extension, Second
Reading of Ordinance 31, Series 1994
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SUMMARY: The applicant, the Aspen Institute, seeks to extend
vested rights status for a period of three years for the
construction of the last lodge building approved by the 1991 Aspen
Meadows Final Specially Planned Area (SPA) Development Plan.
Staff recommends approval of the applicant's request with one
condition relating to a revised trail easement alignment down to
picnic point. The main objectives of this condition are to link
the Meadows Road multi-use pathway to the existing Sanitation
District access road with a safer, easier grade at lower cost with
much reduced destruction of the hillside and native vegetation.
At first reading the Engineering staff had recommended a storm
water detention easement in the racetrack area. Since then this
condition has been deleted from the ordinance.
On July 13, a site visit was conducted by Parks staff and Council
members Waggaman, Reno and Paulson. On July 18, Parks staff met
on site with David McLaughlin, Cleve Johnson and Joe Wells
representing the Aspen Institute, and David Brown representing
Savanah Limited Partnership.
PREVIOUS COUNCIL ACTION: The Aspen Meadows Final SPA Development
Plan was approved by City Council on June 10, 1991. This approval
included vested rights for three years, ending June 21, 1994.
Please see Exhibit A for Ordinance 14, Series of 1990.
BACKGROUND: The approved Aspen Meadows SPA Plan granted an
approval to the Aspen Institute for the addition of a new parking
garage and tennis shop expansion, 50 new lodge rooms, and
~enovation/expansion of the health club and
restaurant/administration building. To date, the only element of
the Institute's redevelopment which has not been built is building
no.3 to contain 12 lodge units.
At the time of approval, the Institute's redevelopment was exempted
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from Growth Management competition and mitigation because it was
deemed to be essential public facilities, necessary for the
continued well being of the Aspen Institute.
At rirst reading, Council requested that starf provide the
following ~ackqround information:
1) What were the 1991 city Council's thoughts during the Aspen
Meadows review by which they decided against the pathway
alignment reoommended by Planning and Parks staff.
Attached as Exhibit "c" are the minutes of the various 1991 Aspen
Meadows Final SPA hearings provided by the City Clerk.
Pathway route: The minutes indicate that the applicant (the
"Consortium", which included the Aspen Institute, MAA, Physios
Institute, and Savanah Limited Partnership) felt that the City
should rely on the Meadows Master Plan which was developed in 1990
as a precursor to the SPA review. The Master Plan indicated the
route would be along the slope below the restaurant building.
Gideon Kaufman stated that the alignment determined in the Master
Plan brought pathway traffic down to the river area before it went
through the campus soulpture garden which is used extensively by
the Institute. During the Master Plan consideration the Parks
staff was not consulted for comment or to conduct a feasibility
study of this alignment. During the 1991 SPA review however, Parks
staff was asked to consider this alignment and became very
concerned that this route would be expensive to build and
destructive to the immediate hillside (5/20, pg.9).
Perry Harvey, project representative stated that the construction
of the trustee townhomes includes a retaining wall at the north
end of the parking area which would, preclude a trail in that
location (5/20, pg.9). Today, staff believes that a new trail
section could be located along the access road to the health club
rather than through the parking area of the townhomesto avoid the
retaining wall issue. Another consideration is that the Sanitation
District might still need to retain its roadway access to the
Castle Creek sewer line, precluding construction of the retaining
wall.
The issue of disruption of Institute activities rose again on the
May 20 meeting (pg.13-14 of the minutes) when David McLaughlin said
that there should be some discretionary limits to the pUblic's use
of the campus when classes or events are occurring. This concept
has been currently recognized by Trails staff with their offer to
consider Closing the trail during special events in the sculpture
garden. However, this would be a philosophical twist for Parks
Department and might lead to the precedent where other property
owners with trail easements could seek to limit public use of the
trails. If limitations were to be agreed upon, the City would need
to know very specifically the location and duration of the events
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warranting trail closures. Responsibility for barricading the
trail must also be discussed.
Perry Harvey also mentioned that there will be extensive public
access around the property (on the City's conservation land, trails
and bridges) and that the Consortium members "need to keep their
sanctity in order to conduct their business". The Institute and
MAA agreed to allow public access through their properties with
reasonable controls (this access includes a pedestrian easement
around the old racetrack, a non-improved path between 7th and 8th
streets behind the four single family lots, and an easement across
the tennis townhome parcel and through the restaurant area to
connect to the city's conservation land) (4/29, pg.6).
Americans with Disabilities Act (ADA): The ADA became mandatory
in 1993. The Parks Departments makes every effort to comply with
the ADA slope maximums of 5.56 %. The plan designed for the
current alignment oontains slopes of 7%. If the alternative
alignment is acquired, staff will have the old road surveyed for
slope and will design a trail with as limited slope as possible.
Pathwav alternatives throuqh and bevond the ODen SDace: staff was
asked about other routes besides the one in question up onto the
Meadows bench. Up to this point, staff has identified, two other
connections which would make good routes to other areas of town.
One would be to connect the open space trail to Cemetery Lane by
crossing Castle Creek, ascending the hill, and traversing the
cemetery. The other would be to extend the trail to the south
border of the open space and link it to Sneaky Lane. At this
point, vital easements have not been acquired to make the
conneotions.
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STAFF COMMENTS: The applicant is requesting that the vested rights
for the approved but unbuilt lodge building no. 3 be extended for
a period of three years. The applicant states that this extension
is justified given the "tremendous outlay of funds and the major
steps that have been taken towards implementation of the overall
plan.. .".
Chapter 24, Section 6-207 of the Aspen Municipal Code does not
provide specific review criteria for an extension of vested rights.
Extension of vested rights is completely discretionary by City
Council. In consideration of the Institute's request for an
additional three years of vested rights beyond the three years
granted in 1991, Planning and Parks staff feel it necessary to
condition the request with an item which is important to the health
and welfare of the community and the environment. This item is the
revision of the trail alignment down to the 25 acre city-owned
conservation land.
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Recommended Trail Re-Aliqnment: currently the Aspen Meadows Plat
shows an area for a trail below the restaurant building and Lots
5 and 6 (the tennis townhomes and trustee townhomes). The slope
in this area is very steep, nearly 1.:1. in places, and is thickly
covered with native shrubs and small plants. During the 1.991
Meadows SPA review, staff expressed its deep concern that a design
for a trail on this slope would be steep, and more importantly,
would create a substantial scar on the hillside due to excavation
of a trail bed. .
First and foremost, this spring the Parks Department contracted
with Gary Lacy to visit the site and design a trail which would be
wide enough for multiple purposes and at a grade which would meet
ADA (Americans wI Disabilities Act) requirements. His goal was
also to limit impacts to the natural landsoape of the area. The
design he has presented has met the first two objectives fairly
well, but as expected the proposed alignment will be terribly
destructive to the hillside and expensive to oonstruct. The swath
of disturbance will be at least 20 feet wide including the cut
above and the fill below the trail sUrface. The estimate from a
local company f,or excavation and retaining the slope is over
$83,000 - surfaoing, revegetation and completion of the trail to
Picnic Point bridge is additional to this amount. Staff will
present large detailed drawings and photos at the Council meeting,
but has included Trails staff's memo and a reduced map of the area
as Exhibit "B". In summary, the physical impacts of the trail in
this area and the associated costs of the trail's construction are
the main reasons staff believes it is critical to pursue another
alignment.
Staff believes that in exchange for any vested rights extension,
and because the detailed impacts have now been identified, the
trail easement should be moved to the northwestern corner of the
Institute's property below the Institute's health club. For
decades there has been an old dirt road going from the top of the
hill down to picnic point. This informal access way is used
ocoasionally by the Aspen Consolidated Sanitation District to
service its sewer lines along castle Creek. Some revisions to this
old road would be necessary to make the switchbacks more functional
for a trail, but the side slope is not nearly as steep and the hill
is predominately grass with limited shrub cover. Not much slope
retention would be needed, thus the construction costs would be
greatly reduced. An access easement would have to extend along the
paved road from the parking garage area northward to the health
club and the old road below.
Secondly, a trail relocation would better avoid the construction
activities associated with the tennis townhomes. The closest part
of this multi-family structure will be along its north wall,
approximately three feet from the trail. Not only will townhome
construction close access on this trail section but after
completion, the trail will be so olose to the building that it will
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be an awkward, uncomfortable feeling for trail users and townhome
occupants.
During the 1991 approval hearings, city staff spoke strongly in
favor of the northern trail alignment by the health club. The
Aspen Insti,tute, however, obj ected to this location because it
brought the pUblic further into the Institute's campus area. They
were, and still are, concerned that the pedestrian and bicycle
traffic making its way the extra 500 feet past the restaurant
building on the Institute's internal service roads would create an
unacceptable disturbance to Institute activities around the Marble
Garden and pond area. As pointed out by Trails staff, a possible
solution might be to limit trail traffic during an occasional
private event in the Marble Garden area.
An important point to make regarding public access to this area of
the campus is that the restaurant is now actively advertising lunch
and dinner to the general pUblic. staff believes that the added
pathway traffic will not be a negative impact to this pUblic-
oriented area and Could actually enhance the restaurant's business.
An idea generated on July 18 was to bring the trail behind the
restaurant building but bring it back around the north side of the
restaurant and through the parking area of the Trustee Townhouses
to connect with the road by the Health Club. Staff's initial
reaction is cautious - the pedestrian/bike use does not interface
well with the parking lot traffic and visibility.
storm Water Detention Easement: City Engineering has withdrawn
their request for an easement at this time. They decided that when
a detention solution is needed, an easement will be sought through
condemnation.
Given the determined need by Parks and Planning staff for the
revised trail easement, staff believes that the vested rights for
the remaining lodge building should be conditioned upon dedication
of the easement by the Institute. If so dedicated, staff would
find that there is no loss of public benefit from a three year
extension of vested rights for the following reasons:
1. The project is a relatively small element of the overall
Institute development approved in 1991.
2. The 1991 SPA approval exempted the Institute' s development
from growth management competition and mitigation, therefore the
City did not assign GMP allocations to the Institute, nor was it
expecting mitigation during a specific timeframe from the
Institute.
3. The Aspen Area Community Plan's goal of supporting the arts and
non-profit organizations of the community will be upheld by the
vested rights extension.
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RECOJIMENDATrON: Staff recommends approval of an extension of
vested rights for the remaining lodge building at the Aspen
Institute for a period of three years with the following condition:
1) The Aspen Institute shall dedicate a trail alignment along
the roadway from the parking garage to the old road below the
health club, then fanning outward towards the property line
of Lot 1, until stich time that the City Parks Department
finalizes a trail design to follow basically the old road.
Then, the city will be responsible for costs associated with
surveying and platting the new trail easement, as well as the
costs of developing the trail. The old easement will be
abandoned during the replatting effort.
ALTERNATrVES: City Council could elect to alter the condition of
approval, extend vested rights for a different period of time, or
deny the extension request.
PROPOSED MOTrON: "I move to approve Ordinance 31, Series 1994
which grants a three year extension of vested rights for the Aspen
Institute's construction of lodge building number 3, oontaining
tWelve lodge rooms."
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EXHrBrTS:
A. Application Information
B. Trails Staff Memo and Drawings
C. city Council Minutes, Excerpts from 4/29/91, 5/20/91 and
5/28/91
D. Public Notice
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cC} cou_ll Vhn.tt-A:..
Approved ,1t_
I.A W OFFICES OF By Ordinance
KA UFMAN & PETERSON, P.C.
BROOKE A. PETERSON
GIDEON I. KAUFMAN ..
ERIN L. FERNANDEZ **
31S EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
(303) 925.8166
f'ACSIMILE
(303) 925.1090
ROBYN J. MYLER *"'*
. A~SO ADMITTEO IN MARYLAND
- ALSO ADMITTED IN flORIDA
- ALSO ADMITTED IN Ntw 'fORK
AND CONNECTICUT
April 26, 1994
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: The Aspen Institute - Extension of Vested Rights
Dear Leslie:
Please consider this letter a request on behalf of The Aspen
Institute to extend its vested rights for the Meadows project. As you
know, per SPA Ordinance Nos. 10 and 11 and the SPA Agremeent, The
Aspen Institute secured approvals from the city of Aspen for major
renovations and additions to its campus at the Meadows.
During the past three years, The Aspen Institute has spent
considerable funds to implement modifications and changes to its
campus. These changes have been extensive. Rooms have been
completely renovated, and new rooms have been built. The health club
and the restaurant have been renovated. A new parking structUre has
been built. The utilities and the new road have been installed.
Every aspect of the application has been completed, except for
one small building which has not been built. Given the tremendous
outlay of funds, and the major steps that have been taken towards
implementation of the overall plan, The Aspen Institute would prefer
not to have to build this one small building at this time, and hereby
requests an extension of its vested rights for a period of three
years. I believe this request is justified, given the immense work
which has been done towards the ill1plementat.ion of the campus
improvements, the wonderful benefits that the community is beginning
to see through the renovation of the campus, and the fulfillment of
the spirit of the approvals that The Aspen Institute has secured.
We look forward to discussing this matter with City Council prior
to the expiration of vested rights in June. We hope that the Planning
Office will support our request, in light of the commitment that The
Aspen Institute has made to fulfill the spirit and letter of the
Agreement with the City of Aspen.
Very truly yours,
LAIV OFFICES OF KAUFMAN & PETERSON, P. C. ,
:yprO~'ional Corporation
c!-Jon Kaufman
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~oved ,19_
By OrdlD&DClG
MEMORANDUM
TO:
FROM:
RE:
DATE:
Kim Johnson, City Planner
Patrick Duffield, Trail Supervisor
Access To Meadows Lot #4 Trail
June 16th, 1994
In your negotiations with the Aspen Institute perhaps you could persuade
their Board of Directors to rethink the access to the trail which already exists on the
City owned Lot #4. The reason for the alternated route is three fold.
First, there already exists an access to the north of the Savannah Limited's
townhouses. This was developed for Aspen Consolidated Sanitation District to
maintain their sewer line which runs the length of Lot #4. As there is no other
access to this parcel for the heavy pumper trucks, the access road will remain intact.
Secondly, the 'new' alignment would entail descending fifty vertical feet by
developing a tightly switchbacked trail. This alignment would require a large
amount of cutting and scarring the pristine hillside just to the south of the
Meadows Restaurant. Also, a great deal of fill dirt would be required, as well as
removing and relocating many shrubs and other such vegetation.
Thirdly, there would be quite a large cost associated with retaining the hillside
due to its 45+ degree slope. Aspen Earthmoving gave an estimate of $83,200.00 (1280
lineal feet at approximately $65/LF). That estimate does not include surfacing,
revegetation or completing the trail to the picnic point bridge.
There is the additional concern of the 'new' alignment's close proximity to
the townhouses Savannah Limited is planning to build east of the tennis court area.
The trail, as currently called for, would sit three feet north of these new townhouses.
This could create a very uncomfortable feeling for both the residents in the
townhomes as well as the trail users.
The Institute's main concern over the alternate alignment along the
Sanitation District easement is the infringement of the general public on a few of
their annual special events. These events are private and the Institute does wish to
the participants to be distracted by general traffic. A possible solution to this
situation would be to close the trail on these days to allow more privacy for these
few special events.
It is my belief that using the grade developed for the Sanitation District
would save the hillside, greatly reduce costs and allow for a good trail alignment to
the Lot #4 parcel trail. Further, the Aspen Sanitation Consolidated Sanitation
District has granted us permission to use its access easement for this purpose.
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ORDINANCE NO 31
(SF.R1FSOFI99,\)
.\N~HLlINANCE:OP:'TtIE;CI'I'Y COllNCI~If)F
nlf.'cIIY or ,~'PEN, (01.00,\00:: EXl<NDiNG
nil': \ t:S'fFD DF.\l[L'OPM'E"iT RI'r.HTS F01t
ntRE&, Yt:ARS FOR 110:. .\Si't:~ l~sTnuTE,l:A.)"
i;01~~I'.I\..OI-' THE ASPf.N MF..4.00\\'5 '~liBDln
SIO.....
WHEREAS, the Aspen-City Council a.dopted
Ordtnance NQ,14,' Serles of 1991 tor the
approval the Aspen Instltule's development of
SO new lodge rooms. a parking garage, renova-
tion and expansion of the health c1ub,and ren-
ovation 01 the restaurant buDding by approval
of the Aspen Meadows final SPA Development
Plan ("Planj; and
WHEREAS, Vested Rights for the Aspen
Meadows was aJ50 granted wlthkl the Plan lor
a period of three years, effective througb June
21. 1994; and
Wt:fEREAS.the Aspen Instltute has COlllpIeted
the majority of the proJects app(Oved byOcdi-
nance No.14. but were unable to complete
lodge building number 3 to contain twejve
lodge rooms prtor to the expkaUon of veated
rights due to fund raising cOnstraJnts; and
WHEREAS. the Aspenloslltute submitted a
request to the Plannlns Ollice on ApriJ26. 1994,
lor an addlUonaI tbreeyears of vested righta: to
extend from June 21. 1994. to June 21,1997,for
the remaining development oflod,ge building
number 3; and
WHEREAS, the request for vested rlgbts
extension was considered by tbe Planning
Ollice, Parks Department and the EngIneering
Department, and as a result of their reviews.
these departments sought In exchange lor the
vested rlSht. extensloQtwo new" e8lJetnents,
those being a reviaed muJU.purpose lraO align-
mept oathe old cUrtroad'below the ~ dub
at me northwest comer 01 the Insutute's prop-
erty, and a stann water detention easement in
the old racetrack area 4lI klentlRed in the cuy
,July 2-3, 1994 . 'J'hI"""o,en Tl1Iles 1SD
01 Aspen's 1973 Urban Run-oll ManaBement
Plan; and
WHEREAS. Section 24.6-207 01 the Aspen
MuniCipal Code was adopted to provide the
necessary procedures to Implement tbe provl-
sloM of Article 68 of nile 24, C.RS., as amend-
ed and Section 2+68-104 (1), C.R.S., pennlts the
vesllng period to be extended upon the
express authorization of City Council.
NOW, 1lfEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF TIfE Cn'Y OF ASPEN. COL-
ORADO'
sec:t~ I; Thatll does hereby ~end Vested
RAshts lor the Aspen InslUulegranted by the
site specUIc development plans approved Iqr
the Aspen Meadows SPA Final Development
Plan, estabUshed by Ordinance No.l4, Series 01
1991. for a periOd 01 three (3) years from June
21, 1m to June 21, 1997, subject to the condi-
tions lei forth at SecUon2 beJow.Fallure to
abide by any of the termsaJld conditions In
Section 2 wllhJn 45 days or the condlllons
aU-endant to the origJnaJ approvals shall result
In ~ forfeiture of $aid vested property rights.
FAilure to properly record aU plats and agree-
ments required to be recorded by the Land Use
Code shall also result In Ihe forfeJture 01 said
vea;,ed property rights.
Section 2: The e.tenslon 01 vested rights
thaN; be conditioned by the following:
I) The Aspen institute &haJJ dedicate a trail
a1lsnrnent aIons the roadway from the parking
prase to the old road below the health club,
tbed fanning outward towards the property
line of Lot I, uotU sucb time ~tthe City Parks
Department finalizes a tnall design to lollow
basically the old road. Tben, the City will be
responsible for COSls assoctated with ,urve~
Ins and platllng the new traU easement, as well
u the costs ot developing the trail. The old
easement Will be abandoned during the replat~
IIng'effort.
2}. The Aspen Instltule shall to dedicate a
storm waler delentlon easement tn the old
racetrack area as Idenlllled In the 1973 Urban
~ff Management Plan. The easement shall
be lor a 5 acre 1001 detention pond and associ.
ated Inlet, outlel and maintenance access ease-
ments. The City will be responSible for cosls
assadated with surveyJng and platting the new
slorm water detention easement, as wetlas the
cas.1s of developing tbe pond and associated
......
Section 3: That lheestabllshment of a vested
property right ,baUnot preclude the appllca-
tlo(l. of ordinances or regulations which are
generaitn nature and are applicable to all pro1>
ertY subject to land use regulation by the Clly
of Aspen Including, but not limited 10, building,
lire, plumbing, electrical and mechanical
codes. In this regard, as a condition of this site
development apprqval, the applicant shaU
abide by any and all such bulldlns, lire, plumb-
Ing, electrical and meChanical codes. unless an
exemption therefrom Is granted in writing.
Section 4; Thai the City Clerk Is directed.
upon the adoption of this c:>>'dlnance, to record
a copy 01 this ordinance In 'he oUlce 01 Ihe
PUkln County CIeri: and Recorder.
Secllon 5: A public hearing on the Ordlnance
shaJJ be held on the 25 day 01 July, 1994 al 5:00
P.M. In the City Council Chambers, Aspen City
Hall, Aspen Colorado, fifleen (5) days prior to
wbich a hearing of publtc noUce Of the same
sball be published In ;I. newspaper of general
circulation wllhln the City 01 Aspen.
INTRODUCED, READ AND ORDERED PUB.
USHED as provided by law, by the City Council
of,th~Clty oJ AspeBQll tM 21 day .0{ June.
lW4.
.,^..1OhIIBenneu,Mayor
....." _ S. Kndl. CltyClerl<
Published In The Aspeil 'nmesJulyl, 1994.
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MEMORANDUM
TO:
Mayor and city Council
Amy Margerum, city Manager
THRU:
THRU:
Leslie Lamont, Interim city
Planning Direc~
FROM:
Kim Johnson, Planner
DATE:
June 13, 1994
RE:
The Aspen Institute - Vested Rights Extension, First
Reading of Ordinance 3-!--' Series 1994
----------------------------------------
----------------------------------------
SUMMARY: The applicant, the Aspen Institute, seeks, to extend
vested rights status for a period of three years for the
construction of the last lOdge building approved by the 1991 Aspen
Meadows Final Specially Planned Area (SPA) Development Plan.
Staff recommends approval of the applicant's request with
conditions, most importantly relating to a revised trail easement
alignment down to picnic point, and a storm water detention
easement in the racetrack area.
PREVIOUS COUNCIL ACTION: The Aspen Meadows Final SPA Development
Plan was approved by City Council on June 10, 1991. This approval
included vested rights for three years, ending June 21, 1994.
Please see Exhibit A for Ordinance 14, Series of 1990.
BACKGROUND: The approved Aspen Meadows SPA Plan granted an
approval to the Aspen Institute for the addition of a new parking
garage and tennis shop expansion, 50 new lodge rooms, and
renovation/expansion of the health club and
restaurant/administration building. To date, the only element of
the Institute's redevelopment which has not been built is building
no.3 to contain 12 lodge units.
At the time of approval, the Institute's redevelopment was exempted
from Growth Management competition and mitigation because it was
deemed to be essential public facilities, necessary for the
continued well being of the Aspen Institute.
STAFF COMMENTS: Chapter 24 of the Aspen Municipal Code does not
provide specific review criteria for an extension of vested rights.
The applicant is requesting that the vested rights for the approved
but unbuilt lodge building number 3 be extended for a period of
three years. The applicant states that this extension is justified
given the "tremendous outlay of funds and the major steps that have
been taken towards implementation of the overall plan..."
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Chapter 24, Section 6-207 of the Aspen Municipal Code does not
provide specific review criteria for an extension of vested rights.
Extension of vested rights is completely discretionary by city
council. In consideration of the Institute's request for an
additional three years of vested rights beyond the three years
granted in 1991, Planning, Parks and Engineering/Public Works staff
feel it necessary to condition the request with two items which are
important to the health and welfare of the community and the
environment. These two items are the revision of the trail
alignment down to the 25 acre city-owned conservation land, and the
dedication of a storm water detention easement within the old
racetrack oval.
Recommended Trail Re-Alignment: currently the Aspen Meadows Plat
shows an area for a trail below the restaurant building and Lots
5 and 6 (the tennis townhomes and trustee townhomes). The slope
in this area is very steep, nearly 1:1 in places, and is thickly
covered with native shrubs and small plants. During the 1991
Meadows SPA review, staff expressed its deep concern that a design
for a trail on this slope would be steep, and more importantly,
would create a substantial scar on the hillside due to excavation
of a trail bed.
First and foremost, this spring the Parks Department contracted
with Gary Lacy to visit the site and design a trail which would be
wide enough for multiple purposes and at a grade which would meet
ADA (Americans w/ Disabilities Act) requirements. His goal was
also to limit impacts to the natural landscape of the area. The
design he has presented has met the first two objectives fairly
well, but as expected the proposed alignment will be terribly
destructive to the hillside and expensive to construct. The swath
of disturbance will be at least 20 feet wide including the cut
above and the fill below the trail surface. The estimate from
Aspen Earthmoving for excavation and retaining the slope is over
$83,000 - surfacing, revegetation and completion of the trail to
picnic Point bridge is additional to this amount. Staff will
present large detailed drawings and photos at the council meeting,
but has included Patrick Duffield's memo and a reduced map of the
area as Exhibit "B". In summary, the physical impacts of the trail
in this area and the associated costs of the trail's construction
are the main reasons staff believes it is critical to pursue
another alignment.
Staff believes that in exchange for any vested rights extension,
and because the detailed impacts have now been identified, the
trail easement should be moved to the northwestern corner of the
Institute's property below the Institute's health club. For
decades there has been an old dirt road going from the top of the
hill down to picnic point. This informal access way is used
occasionally by the Aspen Consolidated Sanitation District to
service its sewer lines along Castle Creek. Some revisions to this
2
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old road would be necessary to make the switchbacks more functional
for a trail, but the side slope is not nearly as steep and the hill
is predominately grass with limited shrub cover. Not much slope
retention would be needed, thus the construction costs would be
greatly reduced. An access easement would have to extend along the
paved road from the parking garage area northward to the health
club and the old road below.
Secondly, a trail relocation would better avoid the construction
activities associated with the tennis townhomes. The closest part
of this multi-family structure will be along its north wall,
approximately three feet from the trail. Not only will townhome
construction close access on this trail section but after
completion, the trail will be so close to the building that it will
be an awkward, uncomfortable feeling for trail users and townhome
occupants.
During the 1991 approval hearings, City staff spoke strongly in
favor of the northern trail alignment by the health club. The
Aspen Institute, however, obj ected to this location because it
brought the public further into the Institute's campus area. They
were, and still are, concerned that the pedestrian and bicycle
traffic making its way the extra 500 feet past the restaurant
building on the Institute's internal service roads would create an
unacceptable disturbance to Institute activities around the Marble
Garden and pond area. As pointed out by patrick, a possible
solution might be to limit trail traffic during an occasional
private event in the Marble Garden area.
Storm Water Detention Easement: During the 1991 reviews and
approval of the Aspen Meadows, City Engineer Chuck Roth sought to
acquire a detention easement in the area of the old racetrack.
The City'S 1973 Urban Runoff Management Plan identified this
location for such a use because it is realistically the only place
large enough to serve the west Aspen area. There is no current
discussion of any designs for a detention facility, but staff
shares the Institute's (and community's) concern that any detention
pond must be designed to be as least intrusive as possible.
The Planning commission recently acknowledged the importance of
this detention easement during review of the Institute's request
to expand the Paepcke Seminar Facilities on the east campus. They
passed a motion by a 4-0 vote to forward their concern to Council
that this easement is necessary for compliance with clean water
regulations and should be obtained from the Institute. It is
important to recognize that any pond design must be thoroughly
reviewed by the Planning commission and City Council as an
amendment to the Aspen Meadows SPA.
Please refer to ChUCk Roth's June 20, 1994 memorandum, Exhibit "C".
Attached to it are letters of support from the COlorado Division
of Wildlife Department of Natural Resources as well as Trout
3
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Unlimited. Both groups cite sediment pollution as being the most
harmful to our excepti.onal aquatic resources. A detention pond
allows fine sediments to settle out of storm water before its
discharge into the river. It also provides an opportunity for
storm water to naturally recharge the ground water system. Chuck
will be showing photographs of a few different pond designs at the
Council meeting. However, these will be for conceptual purposes
only - no consideration is being given to any specific design at
this time. Actual need to develop a detention pond may be up to
twenty-five years away.
Given the determined need by Parks, Planning and Engineering staff
for the revised trail easement and storm water detention easement,
staff believes that the vested rights for the remaining lodge
building should be conditioned upon dedication of these easements
by the Institute. If so dedicated, staff would find that there is
no loss of public benefit from a three year extension of vested
rights for the fOllowing reasons:
1. The project is a relatively small element of the overall
Institute development approved in 1991.
2. The 1991 SPA approval exempted the Institute's development
from growth management competition and mitigation, therefore the
city did not assign GMP allocations to the Institute, nor was it
expecting mitigation during a specific timeframe from the
Institute.
3. The Aspen Area Community Plan's goal of supporting the arts and
non-profit organizations of the community will be upheld by the
vested rights extension.
RECOMMENDATION: Staff recommends approval of an
vested rights for the remaining lodge building
Institute for a period of three years with
conditions:
extension of
at the Aspen
the following
1) The Aspen Institute shall dedicate a trail alignment along
the roadway from the parking garage to the old road below the
health club, then fanning outward towards the property line
of Lot 1, until such time that the city Parks Department
finalizes a trail design to follow basically the old road.
Then, the City will be responsible for costs associated with
surveying and platting the new trail easement, as well as the
costs of developing the trail. The old easement will be
abandoned during the replatting effort.
2) The Institute agrees to dedicate a storm water detention
easement in the old racetrack area as identified in the 1973
4
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Urban Run-off Management Plan. The easement is for a 5 acre
foot detention pond and associated inlet, outlet and
maintenance access easements. The City will be responsible
for costs associated with surveying and platting the new storm
water detention easement, as well as the costs of developing
the pond and associated needs.
ALTERNATIVES: City Council could elect to alter the conditions of
approval, extend vested rights for a different period of time, or
deny the extension request.
PROPOSED MOTION: "I move to read of Ordinance _, Series 1994."
"I move to approve on first reading Ordinance , Series 1994
which grants a three year extension of vested rights for the Aspen
Institute's construction of lodge building number 3, containing
twelve lodge rooms."
CITY MANAGER'S COMMENTS:
EXHIBITS:
A. Application Information
B. Patrick Duffield's Memo and Drawings
C. Chuck Roth's Memo
5
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City CoullCIll B'l:hlbit r...
Appz'oved , 19 _
MEMORANDUM ByON1~.
To: Mayor & City Council
Thru: Amy Margerum, City Manager
Thru: Robert Gish, Public Works Director
From: Chuck Roth, Engineering Department (}.:I<.,
Date: June 20, 1994
Re: Aspen Meadows Storm Runoff Detention Pond
Su=ary: Staff recommends that City Council obtain the storm runoff detention pond
easement that was identified in the adopted Urban Runoff Management Plan. The
easement is shown on the attached excerpt. Letters of.support for this action by Trout
Unlimited and the Colorado Division of Wildlife are attached. The easement would assist
the City of Aspen in meeting future Clean Water Act requirements that may eventually
be legislated.
Previous Council Action: City Council declined to exercise its rights during the original
Meadows review process. There were many issues under consideration at that time, and
this easement was not considered important enough to obtain. Staff still feels that the
easement is important and still recommends that Council obtain the easement.
Problem Discussion: The easement is for a 5 acre foot detention pond and associated
inlet, outlet and maintenance access easements. Staff shares the concerns of Aspen
Institute and other individuals that the easement be properly developed if a sedimentation
pond is ever constructed. Any such proposed pond development should be approved by
the Planning & Zoning Commission and the City Council.
Attached are letters from the Colorado Division of Wildlife and from Trout
Unlimited that report that the most significant pollutant in streams and rivers is fines such
as are removed in detention ponds. The letters both support City Council obtaining the
detention pond easement.
During previous discussions with staff and Council, we discussed the possibility of
constructing a buried facility. This is possible although costly. The other possibility is fo,r
a surface facility. Although a surface detention pond would change the character of the
sage brush field within the race track, the change could still be an aesthetically and
environmentally pleasing facility with wetland vegetation and birds. Staff will present.
photo enlargements of several aesthetically pleasing storm runoff detention projects.
,-.,.
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If one examines a map of the City, there are no other undeveloped parcels where
the "West Aspen - Institute Detention Pond" could be located. This sedimentation pond
would serve only a portion of the City which is identified in the Runoff Plan as the West
side.
Alternatives: There is virtually no storm sewer system in the West End. If such a system
is developed at some time in the future, it could daylight in a Meadows detention pond
the same as east end storm runoff drains to Rio Grande detention and sedimentation
ponds and downtown drains to Jenny Adaire Pond. Note that the amount of fines that
are intercepted at Jenny Adaire Pond from entering the Roaring Fork River requires that
the pond be dredged about once every three years! There is a possibility that the
Sanitation District may enter storm runoff development as a means of improving the
quality stream of stream flows upstream. They may be able to treat storm runoff at a
different location. Nevertheless, staff recommends keeping options open and obtaining the
easement designated at the Meadows. '
Financial Implications: Obtaining the easement at this time presents no cost implications
because the easement was designated in an adopted plan.
Proposed Motion: I move to require the conveyance of the Urban Runoff Management
Plan identified storm runoff detention pond easement as a condition of approval of the
granting of vested rights.
City Manal!er Comments:
M94.290
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State of Colorado
DIVISION OF WILDLIFE
Department of Natural Resources
May 31, 1994
Mr Chuck Roth, City Engineer
City of Aspen
130 S Galena
Aspen, Colorado 81611
Dear Chuck
This is in response to our recent conversations regarding
stormwater retention and sediment trapping., As you know, the
Division of Wildlife strongly supports any effort to reduce the
amount of sediments entering our streams.
I have the honor to be an instructor in various national-level
Corps of Engineers training courses dealing with stream and
wetland restoration and development. One of the points I stress
in this training is that the impact of fines on trout streams in
Colorado is greater than that of all other water pollutants
combined. I also use Aspen and Pitkin County as examples of
local governments that accord aquatic resources the re'spect they
~i<I.re,~,Que. As examples I cite the new Pitkin County Land Use Code
as enlightened and appropriate riparian protection, and show
slides of polyclimax riparian vegetation in the middle of Aspen.
I point out the fact that Aspen has an effective stormwater
sediment retention program in place-- not because anyone is
requiring them to, but because they believe it is the right thing
to do.
We are certainly in favor of your adding to sediment reduction
capabi 1 it ies in Aspen. P lease let us know if we can further aid
your cause.' By this letter I would encourage the city council to
obtain any stormwater retention easements identified in the Urban
Runoff Management Plan or as otherwise needed for Roaring Fork
River water quality protection.
Sincerely,
'Alan E. Czenkusch
Aquatic Habitat Biologist
473 Mtn Laurel Dr ~A
Aspen, Colo 81611
cc: Cote, Sealing (DOW), Gruenberg (TU)
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~'I FERDINAND HAYDEN CHAPTER
,.' Box 8132
~ Aspen, Colorado 81612 ,
~
;-OiS"j-R'ISUTED TO:
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\ Response By:
\ €Iv Date:
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RECEIVED
JUN B lS~~
June 2, 1994
City MaRager/MayO(S Office
City Council
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Dear Council Members:
As president of the Aspen Chapter of Trout Unlimited I support any efforts to reduce sediment
in the Aspen area. Sediment, including fines, have a greater impact on trout habitat than all
other water pollutants combined. Aspen's stormwater sediment retention program is effective.
Adding to your capabilities by obtaining stormwater retention easements identified in the Urban
Runoff Management Plan such as at the Aspen Institute should be encouraged and
supported.
Yours truly,
/3/11 q
William A. Grinberg
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WRIGHT - MClAUGHL'"
E420 AlcMt -...0-., ~ eo2Il
PN;ect No. 732~~
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APR 21 '94 01:48PM KAUFMANN & PETERSON
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THE ASPEN INSTITUTE, INC.
P.O. Box 222
Queenstown, Maryland 21658
(410) 827.7168
April 21, 1994
Ms. Leslie Lamont
Aspeh/PitRin Planning Office
130 South Galena street
Aspen, Colorado 81611
Re: Extension of vested Rights
Dear Ms. Lamont:
This letter shall authorize Gideon Kaufman, on behalf of The
Aspen Institute, Inc., to seek an extension of the vest:ed rights
for the Aspen Meadows project, and to sign any and all documents
which may be required to secure such extension.
If I can provide any additional information, plea~e do not
hesitate to call. Thank you for your cooperation and e,ttention
to this matter.
Very truly yours,
::E A~~ 'NO
David MCLau~nf Pres:.dent
,.....,.
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MEMORANDUM
TO:
FROM:
TIIROUGH:
DAlE:
RE.:
Kim Johnson, City Planner
Patrick Duffield, Trails Supervisor
George Robinson, Director of Parks
May 24th, 1994
Trail changes @ Aspen Institute and Savannah Ltd. Properties
Since the Aspen Institute and Savannah Ltd. are looking to amend their S.P.A. approvals,
we have the opportunity to get an improved alignment and wider dimension to trails planned for
these areas.
At the Aspen Institute, a better alignment to preserve the hillside above Lot #4, and reduce
costs, is available by using the current sanitation access easement This would place the trail along
Meadows Road to the Southwestern most point of the Institute property. An access road for
Aspen Consolidated Sanitation District already exists. The trail could lie atop the Sanitation
Distict's access easement This would reduce the costs of grubbing, cutting and retaining the steep
hillside where the current trail easement leading to Lot #4 exists.
Savannah wishes to adjust their building footprints. As they ask for this change, perhaps
we could get the plan for a 3' wide soft trail, running between the tennis condos' covered parking
and Meadows road, changed. We would like to have a hard swface trail with a minimum width of
8'. This would link the bikepath from 8th Street to the trail easement leading to lot #4. This
improves the trail connection by keeping the trail users from being thrown out onto Meadows
Road, into on-coming traffic. Separating the trail users from automobiles is our desire.
Hopefully this is an opportunity to improve on what was decided during initial approvals.
['>
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'By Ordl,...-n
Aspen citv Counc:t:l April 29. 1991'
(
Continued Meetinq
(
Roxanne Eflin, planning office, told Council HPC has granted
conceptual approval subject to specific conditions to be met at
final reviews scheduled in May. HPC has required a cross section
and additional narrative on the fox mound relocation. The most
significant condition deals with the rehearsal performance hall.
In response to a number of pUblic concerns and to protect the
tent's integrity, apc required the relocation of this rehearsal
hall to the north of the proposed east location and reductions in
height of both the architecture and the land forms, and are-study
of the berming and the landscape treatments around it.
Perry Harvey, representing the applicant, said when they went
through the master planning process, they looked at the property
from an internal view point, from the standpoint of preserving the
internal interior campus configuration, maintaining the buildings
on the fringes of the property to keep the race track open,
Anderson park intact, and the views from inside the property the
way they have been. Harvey told Council there are 7 separate
parcels of land; (1) the Institute parcel including the track,
Anderson park, Paepoke, Boettcher and the lodge, health club and
restaurant, (2) the M.A.A. parcel including the tent and the M.A.A.
lot, (3) Physics Center drawn carefully to include and preserve
their circle of serenity; (4) the conservation land which the city
will be purchasing, 25 acres encompassing all the land along the
Roaring Fork and both sides of Castle Creek, (5) trustee town
houses including 3 new, (6) seven tennis town homes, and (7) four
single family lots with one homeowners association.
Harvey told Council a maj or consideration is maintenanoe and
improvement of public access to the land. There is a new extensive
trail system, including using the existing Eighth street which will
become a trail and be maintained by the city, there are two bridges
to connect the Rio Grande trail and. the property. The property
will be completely surrounded by trails. Harvey pointed out the
institutions need to keep their sanctity in order to conduct their
business. There will be private parcels of land with internal
trails and circulation which will be maintained internally.
said the Institute and M.A.A. have allowed the public through
land and will oontinue to do so with reasonable controls.
Harvey reminded Council Seventh street is the new aocess road and
will parallel Meadows road on the east side of the cottonwood
trees. The Seventh street vehicular access will come into the
restaurant area and will stop. The parking structure under the
tennis courts is to keep the traffic and cars on the periphery of
the property. There is some employee parking on site. Harvey said
the applicants will market the parking and van system to guests
before arrival. There will be a bike rental shop located on site.
Harvey told Council the applicants have worked with RFTA to develop
a loop system, using a natural gas vehicle. Prior to and after
6
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Continued Meetinq
Aspen city Council
April 29. 1991
said the conoern on staff I s part is to speed up the property
conveyances between Savanah and the non-profits. Harvey said the
sUbdivision plat is not difficult; however there are some things in
the SPA that can take the entire 180 days in order to record.
Councilwoman Pendleton asked why the 30 day requirement is
included. Ms. Margerum pointed out it is because the agreement for
the conservation land has a 30 days requirement.
Councilman Peters said the relationship of the Aspen Meadows to the
Aspen community is driving Council's involvement in this process.
Councilman Peters said Council should be looking out for the
community's interest. council has taken a number of actions in
order to preserve the Aspen Meadows, like spending over $2,000,000
to buy the riparian area. It is incumbent upon Council to make
sure the community interest is served and that the final product
does not lose it's community character. Councilman Peters asked
what is the public access to areas like Anderson park, areas around
the tent, to and through the Institute and down to the riparian
area. Counoilman Peters said the planning office has raised the~
issue of a relocated trail down to the riparian area, which stafflW
considers not an improvement, stating the current rail is preferredf~
down to picnic point. Councilman Peters said also he wants th~~
applicants to address what public access will be to the Meadows,~~
generally. I,'
Councilman Peters said there may be some questions who actually
owns the Meadows interest, and Council should know exaotly to whom
they are awarding the development rights and whether they will be
able to deliver the deeds to the properties to the non profit
organizations. Councilman Peters said Council has yet to see that
the ultimate result, transferring land to the non-profits, will be
accomplished. Councilman Peters said short terming of the hotel is
a significant issue. Councilman Peters asked if when the new
condominiums were scored for GMP, were they scored for mitigating
their housing as residential or commeroial. Councilman Peters said
the Meadows road is unnecessary and is an acquiescence to the needs
of a few property owners. Counoilman Peters said the old Meadows
road would have served quite well had the city been more strict
about limiting development. Councilman Peters said the rehearsal
facility has improved; it is appropriate to move it to the north.
Councilman Peters said the Aspen Center for Physics has asked for
little out of this process except to be able to enjoy peace and
quite. They have been given a subdivision and a road. Councilman
Peters said it is inappropriate to put a building on the west of
the music tent, which would block views of the sunset and the sky.
Councilman Peters said he would prefer the parking on the surface
around the hotel units; a parking garage is inappropriate and out
of place at the Aspen Meadows. Councilman Peters said he will
reserve judgement on the excess allotment until conferring with
staff.
13
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continued Meetina
Aspen city Council
May 20. 1991
Section 2 addresses two new zones, open space and wildlife
preservation. Ms. Margerum reminded council they had asked that
the conditional uses be included in the open space zone that were
included in the wildlife preservation zone. These include fencing
and downcast illumination lighting for walkways and trails.
The drainage issue has been separated; Surface and underground
drainage has not been added as a conditional use in the OS zone.
Ms. Margerum said staff feels adding language to ordinance #14
would allow Council to address the issue of surface and underground
drainage. The applicant is, giving easements for this; however, the
concern is that there be a pUblic hearing at the city before
putting in any drainage system in. Ms. Margerum noted staff was
trying to get at the pUblic hearing by having this as a conditional
use. This can be taken out of the conditional use section and a
condition added to the ordinance stating that the construction of
any storm water drainage structure or facility shall be preceded by
public notice and an opportunity for public comment at Council.
Council agreed to the permitted uses change of downcast
tion lighting for walkways and trails and fencing.
(
Kaufman told council the applicant started off with a specified
portion of the race track designated as the place where the storm
drainage would take place, which the applicants preferred to be
underground. Then the whole rack track was designated as a
retention pond. Kaufman said the language currently states that
anywhere in an SPA it is appropriate. Kaufman said this is
inappropriate as one element in this entire process was the
retention of the character of the Meadows. Kaufman said a storm
detention area of the recommended magnitude in the race track or
anywhere on the campus is not appropriate.
A. J. Zabbia was given the oath. Zabbia said there has been some
misinformation on the urban water runoff plan and water quality act
of 1987. Zabbia submitted a memorandum to the planning staff to
clarify these misconoeptions. The storm water act regulations
require municipalities of over 100,000 to apply for storm water
discharge permits. Small munioipalities under 100,000 were exempt
from this application until Ootober 1991,. Whether small municipal-
ities will be required to prooeed as large municipalities is
unclear at this time. Procedure for small municipalities was not
set by the act. Zabbia told Council the EPA will issue additional
regulations to clarify this act. Zabbia said another misconception
about the clean water act is that the act is a permitting and
monitoring act only. It does not contain quantitative discharge
standards for storm water runoff. The point of the act seems to be
assessment of storm water and when .Identified during monitoring
will be addressed on an individual basis.
(
2
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continued Meetinq
Aspen city Council
Mav 20. 1991
Zabbia noted that the Urban Runoff Management plan by Wright
McLaughlin was done in 1973. The plan was a series of proposals
that maintained a wait and see attitude. Zabbia told Council if
they approve the easements, the surface water facilities will
completely change the character of the race track. Wildlife would
be displaced and the habitat permanently changed by surface
retention. Zabbia stated the placement of a retention pond in the
race track is completely out of character with the aesthetics and
overall scheme of the Meadows.
Chuck Roth, city engineer, in a memorandum dated May 15, responded
to a lot of Zabbia's points. Roth told council he contacted the
state division of water quality to clarify whether the city needs
to obtain a permit. The state assured Roth the city of Aspen will
be required to, have a permit by October 1992. The city will be
required to treat urban runoff to the maximum extent practicable.
The city in the Municipal Code has adopted the 1973 plan. Roth
said a variation will have to be given if an easement is not
required. Roth told council the water can be pumped somewhere
else. Mayor stirling asked if staff is satisfied with the
applicant's proposal to deal with their own drainage. Roth said
the applicants are asking the city bury theirs yet are not
proposing to bury their own. Roth said from an engineering
standpoint, he is satisfied with their storm runoff design. They
have identified a 1 acre foot pond.
Councilman Gassman said he feels the request is absurd. This is
discussing whether the city wants to use the Meadows to solve
"drainage problems" for the entire city. Councilman Gassman said
the city has an obligation to treat storm drainage to the maximum
extent practicable. Councilman Gassman suggested it is not
practicable to use the Meadows to treat storm drainage. Councilman
Gassman said this is not the intent of the plan. Councilman
Gassman said drainage in this part of town has not changed in 100
years. What problem is the city trying to solve at the expense of
the Meadows. Councilwoman Pendleton agreed she has had a hard time
with the drainage issue. Roth said there has been some basement
flooding in the west end in past years. Councilwoman Pendleton
said she does not like the idea of a drainage pond in the race
track.
Jed Caswall, city attorney, said the city should not foreclose
their options not knowing what the EPA will do. The water
standards will continue to get more and more stringent. The point
staff has tried to make is that the city is not filtering the water
going into the rivers. The burden will be upon the city in the
future to mitigate what is going into the rivers. Since 1973 this
area of the city has been targeted to provide detention facilities.
Councilman Tuite asked if this pond has been sized out. Roth
answered it has been sized out at 5 acre feet, 5 acres by 1 foot
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Continued Meetina
Aspen city Council
Mav 20. 1991
deep or 1 acre by 5 feet deep. councilman Tuite said he cannot
envision using the Meadows for a runoff pond, especially what the
city and neighborhood have been through the last couple of years.
Councilwoman Pendleton asked if it is possible. to locate this in
the parking lot. Mayor stirling said there would be too much
disturbance in putting this 5 acre feet underground.
Mayor stirling moved that Council not consider this anywhere
Meadows property; seconded by Councilman Gassman.
Councilman Peters asked about creating an easement where the
consortium proposed detention pond will be. Zabbia said the
problem with this pond is that the runoff will have to be piped
from Gillespie street through the race track to this pond.
Herb Klein asked if there could be a half acre site that is 10 feet
deep. Klein said this pond should not be in the race track. Klein
said if there is an opportunity for the oity to have a facility, it
should be taken. This might be located in a depressed parking lot
or under the parking lot.
All in favor, with the exception of Councilman Peters.
carried.
Motion
Ms. ~arger~m told Council the wildlife preservation zone would
rema1n as 1S. The recommendation from P & Z specifically stated
paved walkways, fencing and lighting to be conditional uses in that
zone district because this district is meant to be much more
natural. Ms. Margerum requested Council delete (c) (3) under
oonditional Uses.
Ms. Margerum reminded Council at the last meeting they asked for
alternative which would broaden the discretion of Council of
allowing exemptions for both mitigation and competition for non-
profits. Ms. Margerum told Council staff intentionally left the
language limiting so it would not apply to all non-profits in the
city. The alternative for Council is to remove the academic zone
distriot from the language. Mayor stirling said the language is
"development associated with non-profit entity qualifies as an
essential public facility and may exempt such development from the
GMQS and from some or all mitigation requirements. . ."
Charles Collins said in section 4 there is a suggested change
adding design standards in section 7-1004(c) streets and related
improvements. Collins said the variations listed in the SPA are
now bringing in design standards from the subdivision chapter.
Collins said it is an exclusionary rule to take design st~ndards
and move them into this amendment. Article 7 has 6 or 8 divisions.
Collins said he does not feel it is appropriate to move review
standards from one division to another. Collins quoted from the
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continued Meeting
Aspen city Counoil
Mav 20. 1991
in trouble and the applicants have to provide a fleet of new buses.
Ms. Margerum suggested, "including new reasonable mitigation".
Herb Klein asked who makes the decision on this, whether
or P & Z. Ms. Margerum said it is P & Z after a hearing.
clarify this.
its staff
She will
Mayor stirling moved to accept paragraphs 3, 4 and 5
tions from staff; seconded by councilman Peters.
motion carried.
with modifica-
All in favor,
Mayor Stirling said paragraphs 6, 7, and 8 deal with fire access.
council had no problems with these paragraphs.
(
Paragraph 9 deals with tree removal. There is a memo from the
applicant, Fred Smith told Council the memo is to clarify trunks
groups; there are 40 trunks being removed, 14 groupings. smith
said the applicants intend on replacing caliper inch for caliper
inch. In some instances trees are being removed because they are
old or diseased. These will also be replaced. Klein suggested a
minimum size for replanting be specified. Smi th said 1. 5 inch
Aspen tree would be a good size. Council agreed to add 1.5 inch.
Paragraph 10 is trails including the race track easement and access
to the riparian zone. Ms. Margerum said the intent of the
condition regarding the race track is that there was not a link
from Seventh street up to the race track. The applicants have
committed to add that easement to the race track. There is not
commitment for an easement around the race track. The applicants
have indicated they would be willing to provide a pedestrian
easement around the race track, not a trail. Mayor Stirling said
he would like to see these specified in the condition.
Kaufman said the applicant is willing to commit to an easement as
long as the city agrees to hold the applicant harmless, indemnifies
them, and that there is not access when it is dark. Caswal1 said
it is unconstitutional for a municipality to agree to indemnify a
private party. Caswall noted there is a state statute that private
parties who dedicate their property for publio trails are entitled
to the same type of immunity the city has. Kaufman said the
Institute has been sued in the past by people injured on their
property. Kaufman said they are willing to have the public use
their property but not to take on the exposure of someone injuring
themselves and suing the Institute. Klein said if the applicant
would give fee title for the easement to the city they would not
have that exposure. Mayor Stirling said it is oritical the pUblic
have access to this property.
Ron Austin told council in the county on an exposure issue, it was
provided that the government would represent and defend the
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continued Meetina
Asnen citv council
May 20. 1991
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Kaufman told Council this issue received a lot of discussion in the
master plan. The reason this location was selected is that it took
the pedestrians and bioyolist down into the riparian area before t'pt-
they went to the campus. Staff's trail takes the trail right
through the heart of the campus. The sculpture garden is used
extensively by the Institute. This will be located right next to
a major pedestrian area. people backing out of the trustee houses
would be backing into the trail. Ms. Johnson told Council staff
was proposing to explore using the access road, not the parking lot
area of the townhomes.
Harvey noted when the new trustee houses are built, there will be
a retaining wall. At the end of the trustee houses, it is an
extremely sharp drop off. HarveY said there is less room at that
end of the health club for a trail head. Charles Collins asked if
there is a provision of a trail on the east end of the conservation
area. Mayor stirling said there will be a new trail to that area.
Collins asked if there will be a trail head on the west side to
park vehicles or for people to take off from. Mayor stirling said
there is no provision for a trail head. In the spirit of auto
disincentive and public transportation, he does not want to invite
cars into that site. Collins asked about staking out the conserva-
tion zone. Mayor Stirling said this will be done the first week of
June.
councilman Peters suggested the trail alignment be left to the
planning office. Councilman Gassman requested the planning office
relook at both alternatives. Councilman Gassman said the old road
may have b~en the original road into Aspen from McClain flats and
the mostj successful trails follow common sense alignments.
Mayor Stirling moved to refer number 10 on the 2 specific aspeots
of access to the riparian zone and secondly the race track easement
9
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Aspen city Council
Mav 20, 1991
Councilman Gassman said this is ,not demanding that the parking
facility be built but if it is, it should be bonded. Ms. Margerum
said this is approving the parking facility and if it is not, staff
would have to see a revised plan because this had implications for
internal circulation, the design of the townhouses and Institute
area.
Kaufman said the applicant is not providing for or paying for any~
trail~ other t~an ~he old Meadows ro~d. ~ayor ~tirl~ng suggested~
delet~ng "publ~c" ~n #26. Harvey sa~d th~s proJect ~nvolves manyl
different parcels and specific utilities. Harvey requested a'S,
sentence stating, "that portion of such assurances as is reasonably
found by the public works director, in connection with the
appropriate utility department, to be related to the work for which
a permit is sought, must be in place prior to the issuance of that
building permit". Harvey told Council the applioants are trying to
develop a format when a permit is asked or that those assurances
associated with that be guaranteed. Mayor Stirling suggested this
be submitted to staff for review and Council will look at this next
week.
Mayor stirling said #27 is the expansion of the restaurant
administration facil ity. Council agreed to the condition. Ms.
Margerum told Council she received a request this evening that may
allow this condition to be deleted by the next Council meeting.
Council agreed.
Harvey said condition #28 is fine as far as dealing with an SPA
amendment when one of the non-profits wishes to submit an amend-
ment. It does not address what happens if one of the residential
components wishes to submit an SPA amendment. Harvey requested a
sentence stating, "Any SPA amendment proposed to be submitted by
any residential owner or association thereof, shall require in
additional to the consent of the association of owners of the
component involved, the approval of the resident non-profits of the
SPA". Council agreed with this in concept and requested staff
review this for the next meeting.
Mayor Stirling requested oondition #29 be worked on this week
simUltaneously with condition #10. David MCLaughlin said the
concern is not the change in historic usage. McLaughlin said there
should be some discretionary limits to use of the campus during the
time when claSSeS or events are going on. councilman Peters said
trust for reasonableness has to flow both ways. Councilman Peters
pointed out one of the reasons for this process is to preserve the
community feel for this property. Councilman Peters said the
community is making sacrifioes in order to preserve the Meadows.
Councilman Peters ,said if the language preserves discretionary
right to the Institute, he will object to it. McLaughlin pointed
out the Institute and M.A.A. will also be making huge investments
13
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continued Meetina
Asoen citv council
Mav 20. 1991
in the property. McLaughlin said there are oocasions when they
will be concerned about people getting in the way of these invest-
ments. Councilwoman Pendleton asked how the property would be
closed up. Kaufman said, this is private property in whioh the
owners allow public access. If someone is interrupting seminars
they can be told to get off the property. Kaufman said it is
different when an easement is granted and the public feel they have
a right to be there.
Councilwoman Pendleton asked how the Institute will control people
who feel they can walk anywhere on the property. King Woodward
said the property has been used and also abused by the public, from
training their dogs in the music tent to picnicking in Anderson
park. Councilman Peters pointed out the public investment in this
property is in the $3 million range. Kaufman said the public has
access through the riparian area and through the race track.
Kaufman noted there is a heart to this campus. What is important
is not just the land but what goes on at this campus. The
Institute currently determines when people are abusing the
property. Kaufman said they do not want someone else making that
decision. Councilman Peters said that authority is going to have
to be shared because there are other interests being served.
Mayor stirling said the non-profit groups have to have a certain
amount of discretion. Mayor stirling said he is happy with the
language. Robert Harth, M.A.A. said the language refers to health
and safety and protecting the property. There are other issues
about the activities the institutions present that need to be
protected. Kaufman said protecting the serenity of the users is
not addressed.
Mayor stirling moved to direct staff to work with a representative
of the applicant to work on modification to this language and bring
it back on the 28th; seconded by Councilman Gassman. All in favor,
motion carried.
Condition #30 is the location of the rehearsal facility for the
M.A.A; the lodging units for the Institute; the tennis townhouseS;
the addition of trustee houses; and the parking structure.
Mayor stirling submitted to the public record 26 letters Council
has received urging Council not approve the east site for the
rehearsal facility. It is part of this plan to have the rehearsal
facility on the east side of the music tent. Council accepts this
location.
Bob Starodoj said he earlier asked ~f 'this was a year round
facility and was told no. He also asked if this was a rehearsal
facility or a performing facility and was told it was a rehearsal
facility. Starodoj said this is not what is in the plan. starodoj
14
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Reqular Meetina
Asoen citv Council
Mav 13. 1991
seating for music festival activities at the tent continue. Robert
Harth, M.A.A. director, said yes.
Mayor stirling opened the public hearing on Ordinance #13, Series
of 1991, land use code amendments. Mayor stirling pointed out this
adds new zone districts to the Municipal Code. These new zones
were inspired by the submittal of the Aspen Meadows. This also
amends the growth management quota system for essential public
facilities.
John Doremus said he feels the race track area being zoned to
Wildlife preservation i~ inappropriate as it is surrounded on 3
sides by fairly intense development. Doremus said open space WOUld,'
be a more appropriate zone. Doremus said if this is an important
wildlife area and it is important to retain it in it's presentii
state, how can the city consider a storm water retention facility;
on the race track. Caswall pointed out Ordinance #13 does not'
rezone any property; it oreates various zoning district amendments
and amendments to the land use code. Doremus said storm retention
facilities are a use by special review and would be totally
inappropriate for wildlife preservation zone.
Tom Cardamone favors the new wildlife preservation zone. This ,I!.
would also be appropriate for Hallam Lake when it is annexed intoi
the city. Cardamone pointed out the 25 acres of riparian land isl
extremely valuable to wildlife. Cardamone said the race track i
would be of secondary importance to wildlife; however, the race ~
track should be preserved as much as possible. ,,'
Harvey pointed out in open spaoe and wildlife preservation,
permitted uses do not indicate underground utility uses. Harvey
asked if this is a blanket approved use in any zone district.
Staff said yes. Harvey said the applicants have only proposed
underground storm water retention facilities. The applicants have
proposed the city be required to put their storm water detention
underground. Harvey said this easement has now consumed the entire
race track area. Harvey urged Counoil to remove surface storm
water detention as a conditional use in the WP zone district.
Chuok Roth, city engineer, told Counoil the 1973 urban runoff plan
was adopted by Council and is part of the municipal code. Any
subdivision is required to oomply with this section. Roth told
Council an easement has been identified in the race track area.
This would be a storm runoff detention pond for the entire west end
of Aspen, not just this projectL Roth said the clean water act is
imminent. Ms. Margerum noted i~ oould be a great cost to the city
if the city were absolutely limited to underground and not surface
detention ponds. If this is a conditional use, it will have to
undergo a public hearing process and the development will have to
meet the intent of the zone district. Ms. Margerum said this
10
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Reqular Meetinq
Aspen city council
May 13. 1991
should be assurance for the futUre that this will not be a
monolithic struoture. Phoebe Ryerson asked if trails are permissi-
ble in the WP zone. Mayor Stirling said they are possible.
Caswall reminded Council this is an ordinance of general applica-
tion and storm detention ponds may fit in other WP zones, not just
the Meadows. Councilwoman Pendleton asked if this should also be
a conditional use in the open spaoe zone. Ms. Margerum said this
is an appropriate addition. Councilman Peters asked if there are
other zone district that allow this use. Caswall said Aspen has
been developed to the point where there is no place left to develOPJ
storm water detention facilities which will be necessary to meet
federal guidelines to maintain the quality of the rivers in the
area. ' ~
Gideon Kaufman requested a language change on the bottom of page 5,
paragraph 3 to read, "such development from the GMQS and from some
or all mitigation requirements". Caswall said this clarifies the
intent. Charles Collins pointed out permitted uses states, "any
uses approved within a final development plan" and any use is
rather a broad conclusion. Uses are normally specific. Collins
said if the permitted uses are going to be amended, they should be
specific. Ms. Margerum said the intent is that the property would
have an SPA overlay. The SPA overlay allows one to vary any uses
as long they are approved by Council. Ms. Margerum said there are
very limited properties in the city that have an SPA overlay on
them. Ms. Margerum said the reason this is included is that on a
piece of property where there is an SPA overlay, one is allowed to
vary uses. If the underlying zoning is academio, staff wanted to
make sure this was not construed as non-conforming with the
underlying zone district. The pUrPose is to insure the uses are
not perceived by a financial institute as being non-conforming with
the underlying zoning.
Collins said this ordinance appears to be mixed in a custom-like
manner for this particular application. Collins said this will
have implications for all applications before the city. Ms.
Margerum told Council staff is recommending the land use code be
amended to allow the subdivision regulations be varied if' there is
an SPA overlay. This is to allow staff and applicants be a little
more creative while still maintain the safety and public health
needs, especially with respeot to roads. Ms. Margerum said this
would allow narrower roads and lower development needs and to do
things that are not neoessarily appropriate in a major subdivision,
certain engineering design standards that would not be appropriate
in an area where the city is trying to maintain the rural charac-
ter. Ms. Margerum recommended the code be amended/to allow the
strict subdivision standards be gotten around when there is an SPA
overlay.
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Reoular Meetino
Aspen citv Council
Mav 13. 1991
about approving something that has difficulty getting financial
support.
councilman Peters withdrew his motion to delete Section 1.
Mayor Stirling moved to direct staff to take into consideration
observations made about Section 1 and bring this back at the
continued public hearing May 20.
Councilman Peters said he would like the engineering department to
investigate if there is a different way to allow and design a
facility for storm water runoff. Councilman Peters said he feels
seotion 5 is very narrOw and written too selectively. Mayor
Stirling requested staff look at section 5 in the same context as
looking at Section 1.
Mayor stirling moved to continue the public hearing on Ordinance
#13, Series of 1991, to May 20 with the staff directed to make
comments on the observations made specifically on Seotions 1 and 5;
,seconded by Councilman Gassman. All in favor, motion carried.
ORDINANCE #9. SERIES OF 1991 - Code Amendment Section 7-602
\
Mayor Stirling opened the public hearing. There were no oomments.
Mayor stirling closed the public hearing.
Councilman Peters moved to adopt Ordinance #9, Series of 1991, on
second reading; seoonded by Councilman Tuite. Roll call vote;
Councilmembers Tuite, yes; Gassman, yes; Peters, yes; Pendleton,
yes; Mayor Stirling, yes. Motion carried.
ORDINANCE #11. SERIES OF 1991 - Historic Designations
Roxanne Eflin, planning office, told Counoil each of these 3
historic designations will' have an accessory dwelling unit
attached. Each of these meets 2 of the 6 standards for designa-
tion. Each of them is requesting the $2,000 grant.
Mayor stirling opened the public hearing. There were no comments.
Mayor stirling closed the public hearing.
Councilman Tuite moved to adopt Ordinance #11, Series of 1991, on
second reading; seconded by Councilwoman Pendleton. Roll call
vote; Councilmembers PendJ.eton, yes; Peters, yes; Tuite, yes;
Gassman, yes; Mayor Stirling, yes. Motion carried.
Councilman Gassman moved to approve the $2,000 grant to each of the
3 designated landmarj{s; seconded by Councilman Tuite. All in
favor, motion carried.
13
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Reqular Meetinq
Aspen citv Council
Mav 28. 1991
Ms. Margerum told Council seotion 10 includes an easement around/
the race traok area and states that exact trail locations would be
approved by the planning director. The city would get "as built",~
easements conveyed after the trail construction. This allows staff ~
more flexibility in where the trails will actually go. Kim ~
Johnson, planning office, told Council staff and the applicants l
took a site visit to look at the 2 proposed trail alignments below'
the restaurant building and one below the health club. Ms. Johnson
said at this point in the design process it is difficult to
conclude the exact impact to the site and workability of the 2
trail alignments. Ms. Johnson said both areas would require steep
switchbacks and would need to be signed to not allow bike riding on
the trails. Whichever trail is chosen, it should be the most
useable for citizens and visitors alike.
Suzanne Jackson, Design Workshop, presented drawings of alignments.
Ms. Jackson told Council the existing trail in the' area of the I
heal th center goes down at a 14 to 17 percent grade. Trail
standards are 6 to 8 percent grades. In order to access the.l0'
existing trail, because of development of the health club, one~l
would have to make a really long switchback which would necessitate
cut and retaining of the landscape. Ms. Jackson showed drawings of
a trail starting at a 6 percent grade. Ms. Jackson said the trail
should be about 6 feet wide to minimize the cut. Mayor stirling
asked if the applicant is willing to give blanket trail easements
for these two trails. Gideon Kaufman, representing the applicant,
said the master plan shows a trail location and the applicants feel
the trail proposed in the master plan has the advantages of being
right along the river; instead of going through the oampus, the
trail get rights down to the conservation land and is generally
superior to the other, location.
Councilman Gassman moved to locate the trail where it is shown in~(' ~~~
general on the master plan; seconded by Councilwoman Pendleton. ~~~
Councilman Gassman said there are two issues; one is topographic,
the other is the issue of running the trail through the campus. \' '\'J,..
Councilman Gassman said he is sympathetio to not running the trail ~
through the campus. Councilman Gassman said there is an issue of
privacy for the Institute and their programs. Councilman Gassman
said it would be difficult to get a trail from the health club to
the river. It is very steep; switchbacks cause cuts in the
landscape. The trail by the tennis townhouses would be less
disruptive of the landscape and it may be able to be used by
bicyclists.
courlcilwoman Pendleton agreed. Councilwoman Pendleton said it
seems people would not want to go through the campus but rather go
around it. Councilman Peters agreed about the location of the
trail and stated he would like to give the designers of the trails
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Reqular Meetinq
Aspen citv Council
Mav 28. 1991
flexibility in order to disturb as little vegetation as possible.
Mayor stirling said the exact location of the trail should be \ \ J.,.
worked out by the staff. Coming between the restaurant and the new ~
tennis townhouses is the new location; the details to be worked out . ,
with staff.
Councilman Peters suggested some parameters for the final trail
location such as minimizing effect to the vegetation and topogra- ~
phy. Mayor stirling agreed he does not want to see an enormous cut ~
on the hillside but that people can get to the river with as little
damage to the ecosystem as possible.
Charles Collins asked if this trail would meet the guidelines in
the pedestrian plan. Ms. Johnson said staff is trying to get as
shallow a grade as possible and to meet the grade requirements.
Ms. Margerum said the pedestrian walkway guidelines are not binding
but are general parameters. Collins asked if there will be a
designated easement to a new bridge across to the Rio Grande trail.
This trail easement is on the master plan.
The motion reads, the final plat shall particularly note (1) an
easement for a trail link around the race track trail to 7th street
and around the race track and (2) the trail between the tennis town
homes and the restaurant as depicted on the master plan. Exact ~
trail locations must be approved by the planning director and an as ;r-
built easement shall be executed and conveyed after trail construc-
tion taking into account minimization of damage to vegetation and
topography, allocating a secondary importance to maintaining aJ
maximum grade.
All in favor, motion carried. _
l
Condition #12 hap ben reworded to convey all water rights, titles
and interests to the city and the city will lease back to the
developer interests to raw water for irrigation use within the
development in an amount equal to that amount of water conveyed to
the city. Larry Ballenger, water department, told Council he would
like condition #11 to read, "there shall be no interconnections of
non-treated water systems to potable water systems". The applicant
had no problems with that language. Kaufman told council the
applicants and city's water counsel have reached agreement on #12,
however, there is wording that is different from the traditional
agreement.
John Musick, city's water counsel, told Council the applicant will
be conveying the water rights free and clear to the city. The city
will lease those water rights back to the applicant. The applicant
will pay the operation, maintenance and replacement costs in a pro
rata basis with the other users of the ditch, who are the city and
the forest service. The applicant will pay $100 for a carriage
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Reqular Meetinq
Aspen citv Council
Mav 28. 1991
permanent 20 foot easement extending 10 foot both sides of the
center line to the newly constructed and of the newly oonstructed
water line and a construction easement for an additional 5 feet on
each side of the center line. Along with a similar 20 foot
easement for the future installation of a conneotor main to the
existing city main in ,Black Birch drive".
Councilman Peters asked why these should be conveyed to the city
when they are mostly on private property. Ballenger said with the
connector to Black Biroh, this will become a oonnector system
serving the main core city system. Mayor Stirling asked if the
applicant is prepared to pay for the loop into Black Birch.
Kaufman said the applicants are not. Harvey said this has not been
brought up and is not part of any of their financial calculations.
Mayor Stirling moved to direct the staff to reword paragraph #13 to
generally reflect Ballenger I s comments; seconded by Councilman
Gassman. All in favor, motion carried.
~J;;.'$.:t;.t:r:::+,Jpg:.::?,<1.~,9-.", ~,,:tJ:~ha's" t:a'en"reworde'd"'t.o "r(;!<fl"e"ctl1!a';i~@'c~'S1\l,,;15'T";".
CouficH not to !'lave un}' retention for storm drainag~Jii~~'@i~~R;;~:':~~@i"''''; ."
e,n:Virons of the r':G Old 0'..:5 . ;':ayor st i to] ing poi.nted o;lt the old #19
was deleted. Mayor stirling said this property has a great range
of wildlife in its eco-system from deer to foxes and a great
variety of birds. Mayor stirling said turning this over to the
director of ACES is not acceptable. Caswal1 pointed out the
determination shall be made by the city in consultation with the
AcES director. Ms. Johnson said in #24 staff felt expansion of
flat grassy areas should be minimized. If the applicant were to
consider an addition to Anderson park or some other open space,
this would be considered an SPA amendment, requiri.ng further
review. Kaufman said the applicants feel going through an SPA
amendment is a major production. One reason manicured areas is
included as a permitted use in open space is it is an appropriate
use on the Meadows. Kaufman said they would like the flexibility
to be able to increase the gardens or open space rather than have
the city consider what is appropriate for their gardens. Ms.
Margerum said the focus of the plan has been to keep as much of the
Meadows property in its natural vegetated state as possible. Mayor
stirling said the mounds are a great amenity to the academic
campus. Council decided to leave #24 as written.
Condition #28 is the condition about access to the property. David
McLaughlin, Aspen Institute, said all of this effort has been to
keep the Meadows for the purposes for which it is intended, whether
they are educational or intellectual. McLaughlin pointed out the
applicants are about to gO! through fund raising of about $18
million to make this a world class center. The status quo of this
area is very important. McLaughlin said it is the intent of the
applicants to keep the campus not as a park but as an intellectual
7
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ReQular MeetinQ
Aspen citv Council
Mav 28, 1991
contiguous. Harvey said if this cannot be done, they will grant
whatever easements are necessary. Council agreed to leave #2 in
reworded about the trail vacation.
Harvey said in #7 the applicants wanted the final sentence to read
that "in the event an actual site or unforeseen technical consider-
ation require a variation from utility alignments on the plat, that
the actual utility location corridors will be inspected and
approved by the city engineer and planning director prior to the
issuance of an excavation permit". This means they are approved as
on the plat. The applicants would like some assurance that small
variations oan be handled by the staff. Ms. Margerum said the
existing language says staff will see the exact utility corridors
prior to them being put in. If there are some problems on site,
they will be brought to staff's attention. If the last sentence is
removed, staff will only be called if there is a problem. Council
agreed to the way it is written.
li.ar.v:ey ..CIRl<.~d" that #9 be, deleted in its anti rety after'!'!6i'a:~~2,~~~)~~ Nil<
a:ct'iori on storm ',.:a~cr. Council agreed. HGirvc>y ~;<lid at the end of
#13, the language decided by P & Z should read "the least disrup-
tive method should,be identified and employed". Ms. Margerum said
it is fine to change it back to the P & Z final resolution.
Kaufman requested a finding be put back in the ordinance that the
new Meadows road is a local street. This finding was originally
placed in the record.
councilman Gassman moved to designate Seventh street as a local
street rather than a collector; seconded by Councilwoman Pendleton.
Charles
street.
because
ends in
Collins read the definitions of a local and collector
Collins said Seventh street must be a collector street
of the definition. Mayor stirling said a local street dead
an area, which is what this street does.
All in favor, motion carried.
Ramona Markalunas pointed out this street is carrying commercial
traffic to the Meadows.
Harvey showed a map of the home sites and the driveway locations.
Harvey told Council staff has recommended for lot 10 the driveway
be on the west side. Harvey said it may be better for this to be
on the east side. Harvey pointed out there is a drop into the
property and it may be safer for the driveway to be on the east
side. Council agreed to take condition #17 out.
Ms. Margerum said on #18, staff had a concern with the
time allowed for the applicants to record the final plat.
allows 180 days following the adoption of the ordinance.
amount of
The Code
There is
14