HomeMy WebLinkAboutpitkin.planning.273512106004 (2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
i
Lof S
. ° ^- "' ~r ~. Oi! Bk::: 641 FG 286
#330864 03!U~/?1 ~~--' -
_ Silvia Davis, F'i±4: _.n C~"'"_'y Cler4.:, Doc $.00 4~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COIARADO, APPROVING THE CHEER SUBDIVISION
LOT 5 INSUBSTANTIAL CHANGE TO A RECORDED PLAT AND
ENT TO RESOLUTION NO. 82-72
Resolution No. 91-~
WHEREAS, Robert Gillman (hereinafter "Applicant") has
requested that the Board of County Commissioners of Pitkiii
County, Colorado (hereinafter "Board")' permit the applicant to
modify their Growth Management Quota System (GMQS) commitment to
provide an on-site 3-bedroom low income employee housing unit to
an on-site 2-bedroom low income employee housing unit and pay the
cash-in-lieu equivalent of one low income bedroom; and
WFTF.RF.AS, the Board heard this request at their regularly
scheduled public meeting on February 26, 1991 at which time
evidence and testimony was presented with respect to this
application; and
WHEREAS, the Board finds that the Applicant's proposal to
eliminate one low income bedroom and provide the cash-in-lieu
equivalent payment does not change the original GMQS scoring of
the Cheek project; and
WHEREAS, as a result of this proposal, the revised Lot 5
development consists of a free market residence and a two bedroom
low income. employee unit of between 700 and 800 square feet.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does
hereby amend the Cheek Subdivision Final Plat and Special Review
approval subject to the following conditions:
SAT J
r,
RESOLUTION OF THE PITRIN COUNTY PLANNING AND ZONING COMMISSION
GRANTING APPROVAL OF THE GILLMAN INSUBSTANTIAL AMENDMENT TO A
RECORDED PLAT AND DENYING THE GILLMAN 1041 GEOLOGIC
HAZARD REVIEW
Resolution No. PZ-90-~
WHEREAS, Robert Gillman, hereinafter "Applicant", has
applied to the Planning and Zoning Commission of Pitkin County,
Colorado, hereinafter "Commission", for approval of an
insubstantial amendment to a recorded plat and a 1041 Geologic
Hazard review pursuant to Sections 4-2.1(b) and 5-400.2(a)(1) of
the Land Use Code respectively; and
WHEREAS, the Applicant's parcel is zoned R-30 and contains
approximately 1.8 acres; and
WHEREAS, said parcel is known as Lot 5, located in the Cheek
Subdivision, accessed off of Willoughby Way; and
WHEREAS, the applicant is proposing to amend the Plat to
relocate the driveway and a utility easement; and
WHEREAS, the applicant proposes to move the approved
building envelope up the slope into an area which exceeds 30
percent in grade; and
WHEREAS, the Commission considered the Application at a duly
noticed public hearing at their regularly scheduled meeting on
August 7, 1990; and
WI~REA.S, the Commission determined that the applicant can
relocate the driveway and utility easement while complying with
the criteria for an insubstantial change to a recorded plat,
pursuant to Section 4-2.1(b) of the Code; and
#.=30864 t~3/":r; 91 iS: Cr ~c 5. VU Rk:: 641 F'6 287
Silvia Davis, Fit4cin Ci'1.r'y Clerk, Doc ~.VO
Resolution No. 91-~
./
1. The cash-in-lieu payment for the equivalent of one low
income bedroom shall be determined by the Aspen/Pitkin
County Housing Authority at the time of issuance of a
building permit, and paid by the applicant, prior to
the issuance of a building permit for Lot 1.
2. The applicant shall amend the Subdivision Improvements
Agreement to reflect this amendment, prior to issuance
of a building permit.
3. All conditions of Resolution No. 82-72 shall remain,
unless amended by this°resolution.
APPROVED by the Board at its regular mee*.ing on February 26,
1991.
ATTEST:
'~)
Janette Jones
~Aeputy County Clerk
APPROVED AS TO FORM:
Tlm It 1 ,
County A rney
BOARD OF COUNTY COMMISSIONERS
OF COUNTY COMMISSIONERS
By
Wayn 'Ethridge, airman
AS TO CONTENT:
reso.bocc.se.gillman
y~;~R 42J ~~: 6JU
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO,
GRANTIt1G FIWAL rLAT-PUD AND SPECIAL REVIEW APPROVAL
TO THE Cr,EEK SUBDIVISION
Resolution Nc. 82 - ~`
WHEREAS, John H. Cheek, Jr. (hereinafter re fer~ed to as "aralican [") is
r the owner of record of 10.7 acres of real property more specifically described
on [he attached Exhibit "A", and
- 6HEREAS, [he applicant has applied for subdivision-PUD approval for• a five
lot subd ivisinn and for SpPf j._1 re9 iew approval fora duplex use on four of
the five lots (each d~~plez will contain one restricted unit and one unrestricted
unit), and
WHEREAS, a public hearing was held before the Board of County Commissioners
~ on Acvember 23, 1981 at which tir,~e evidence and testimony were p^esen [ed with
respect to this application.
NOW, THE REFGP.E, CE Ii RESOLVED by the Board of County Comris sione rs of
Pi [kin County, Colorado, that `final plat-PUD and special review approval are
hereby granted for [he five lo[ subdivision con to fining four new lots and one
1
' ~ lot for the exi<ti ng house and guest house. The four new lots wil'. each be
d?veloped with a duplex [o include one unrestricted and one low intone res Uicted
' ~ ; unit. Two of [he restricted uni [s shall be two-bedroom units containing between
700 and 800 square feet eacn ar.d the remaining two restricted units will be
three-bedroom units or a[ leas: 7000 square feet eacn. This approval is
1
subyect to [he execution and recording of the subdivision agreement which is
a[Ca shed hereto and labe'ed Exhibit ~-C".
I
App rdved by the Board of Coun [y Co~imiissinne r; of Pitk in County, :olora do,
S at their regular mee[i ng on .June 2 1982.
-: ~ BOARD OF COUNTY hV1[SSIONERS OF PITKIN
- i COUt1TY, COLD
•-
. ~ may: ~~~_~C
- r- - ^`p ~ -Helen a ~e~hairwoman
` -)
~, ; ATT.~ET~'
DeGuty County C erk
APPRGVED AS TO FORM:
.. ... ..
',andra $tu a ounty Ltorney
° .
i
..
F.XtIf L'LT A
,:
1~
,
jiS
t
f
1
421 ,.. rU ~
A lrnc[ of J:rtul tiltaa[cJ In Lhr: ;;u~th '1 uC U,r t:or lhrr •~t ', cC Sccl ton ~ ? auJ L:
ChC 8n„lh ': of [iic Cou~h.~.,rr '_ n( :,,-a'i..,; i, all 1n '1'.. r: u~.h lp 111 :;ou[h, I:.u n•„ OS
11c:: r. r,r tlu• Sixll, I'.:L, 1'ieM In Couutl, Co to r.•.Ju, be lug mo[u tally d...er iLod us
fo]l~u~:
Rcgiw,i i~(: .ic a po lnt on C::. Sou Laucotr:~!y rigLt c: •.:ny of tha Snlcatioa Uitch wLcnrc
Co rncr ::v. ?! of [hc :f; u:+u Pl..c'a', J. S.C.S. t;u. 15GL7 Lca rn:
N 6J`i_^^' Lt °17.27 Corr;
Thcncc 5 [,L'S8' h: '_lii. GO fcvt;
Thcncc S 50°}}' L 3JG.00 feet;
Thcncc 5 LS°J9' E lSJ. riO fcuc;
Thcncc Souch 21^. )7 fret;
Thcncc ^ GL°CO' L' S0. G0 CRC;
:hence :: G9°1}' a 262.OC fc:.t
Thcncc Y 8l"30' t: 150. C0 feet,
Thcncc ^ bS°J°' t1 I20.00 feat; '
Thence :: 72°22' :; 117.00 :: ct;
Thence \ 5y°_'S' I: 1^2. C0 fee:;
1'hencc t7 50°M' :! IC3. ~0 °cct;
'ihcncr :1 53°CO' .: 1>D. CC :aat;
Thcncc ^ 39"0:' :: 136.0: _,
Thence :: 35°32' .. ;<3. 23 Cr=:;
Thence :. 6:°C0' r 2:0.:3 f-_'t to t.`,a South live of T; ec[ :lo. 1, Ruby Opt io^:
Thence S 54°00' :.i.74 '_cc m Corcc: ::o. 21 of sa i! dro[.~n Place;;
Thence 5 6i°18' F. 21).2C feat [o :hc Po ir:_ of de81 ...ir.;,,
County of Pitkir, State of Coro ratio.
`1
i
.r~- ... ~ ._ _
~ C
*~-nN
. ... - ', 'tp:-
~..
~
~ ~
~ ~ ~
`
'
..
,. ~ . 7
•
= - .~
SUADLVISION ACRcEMEN. ~-- -
-
__
•
_ )
'°fIIS AGREEMENT, mode and .:n[erod into Lb is -~1~_
day of /VO/Et.~gF° 1932, by and be tvrCen.jlohn H.t^~
Cheek, Jr., the re inaf to refer r•~d rn ~~ "the Owner") and
Fitk is County, Colorado, (h reinafter referred to as "the
County").
W I T !J E S S E 'C ii
WHEREAS, the Owner has submitted to the County for
subdivision coproval, execution and recording a flnai olat
of the Ch<..^.k Subdivision consisting of five (5) lots
s ituat~d on certain real pro c^rty in Pitkin County,
Colorado, mere cirticularly described cn Exhibit "1"
attached hereto and -: ncorporated herein by this reference,
^a
t WHEREAS, the County has fully considered the final
lat
p
and is willing to orant approval of and execute the plat
' _pon Owner's agreement to the conditions contained herein,
„J all as required by virtue of *_!:c subdivision regulations of
?itkin County, Colorado, and
(
i-
WHEREAS, the Owner is willing to accent these
conditions and to en tet into this agreement with the County-~- ~~
to provide for. the s~.me; Y.
:IOW, THE P.Ek'OR~, in onside ration of the mutual
covenants h_rain contained, the parties hereto stipulate and
agree a= follows:
1. At such time as houses are constructed on the ~
lots in the subdivision, Owner agrees to construct a ditch
along the upper inorth) side of Willoughby Way and instal
12" culverts under the three (31 driveways and one I11 12"
culvert across the County road and to pay the costs of
.. repairing the pavement on the County road as a result of
such installations; all such is=tallations shall be approved
by the County Engineer, whose approvalshallnotbe'-,
~ un reasonably., withheld. .. ~.. _--,--.._---
- _ _. ~_. _..._._._._...
...
ti ..r` .
~•.
2. A1_' fren mo rket luntca[rictc<!I dwelLi~;q units
in the subdivis:~n shall ron[ain not nr~ro than one (1)
fireplace por d•.•elling unit end the empln•;e•~ (restricted)
units ;ha,1 not have any fireplaces exc,~pt for efficient
woodburninq stow ~s.
3. A `final cur tific;rtc ~f occupancy shn'.i not be
issued For a corpleted house in the subdivision until such
time as the drivaway lu nd ing to the -houc~~ his been paved.
4. Aii new b::ildi nc.s ronstructed in thn
subdivisio^ sha:i exceed Pi[kin County`.=. present "energy
conserva tin and therr;,1 ic;sulotion standards" L at least
twenty percent 120fl1. A;ri pecson seeking a building ~__.,,__
for co:~s tructiea in :he subdivision sha it submit an energ_;
conservation retort ~.. i:.h nis building permit apoLir:a tion.
' -a:4 r:'
'r..
" ~ ~ ~ ~ n ;
' l .. ~ ~ ..
5. the Gwner shall ccmply with the
reccrnenda tions o: vicholas 'a epic a, Ph.D., =cnsultinq
Geologist, .pe rtaininc to the Salvation Ditch in his report
.,t June 1 , 1981 .
t
G. .._1 of the low ir.ccme restrictnd hcusing shall
' be constructed -~cithcr prior to or simui *_aneously with the
~~ construction of the unrestricted housing on each lot. In
the event any lore are sold by the Owner, any f:cc market
~ (unrestricted) unit constructed on such lot may not be
,
lawfully occupied and a r: r.rtific.a to of occupancy shall not
be issued therefore until a certificate o: occupancy is
issued fcr the associated low in come (restricted) housing
unit.
i. :ny lot owner in the su!-d ivis;on sha 11 5e
entitled to use the to rn is ro•.~rts in the subdivision located
on Lot 4, provided the lot owner has first reimbursed Owner
(John H. Cheek, Jr.) for the lot owr.e is proper*_ionace share
of the c.,.._ __ constructing the courts and thereafter the
lot owner pays Owner for the lot owre is prooorti.onate share -
of the cos- of maintaining the tennis courts. A lot's
proportionate share shall be equal to one over the total
number of lots using the tennis courts. The use o: the
courts shall be governdd by rules and regulations
promulgated by the Owner who shah supply current copies of
._.._._ _the rules aad regulations to the lot owners on a regular
~~~ - basis at least annually.
.~ ,.
..'
.;
.,r
}~"~.~ f i•..
A !~ r,
8. No lot in the =_ubdivision may be further
subdivided so as to create an': more lots or any lots of
smaller area than are indicc_ed on the plat of the
subdivision.
;~ ~ 9. In the event a 1^t is conveyed as vacant land
r
the Purchaser of such lot, at =ne time the Lot is developed,
shall be obligated to construct either a two-bedroom or
three-bedroom employee unit =oncurrent witn any other
development on the lot. At such time as either two 121
two-bedroom employee units or -wo (2) three-bedroom employee
units have been developed ir. the subdivision, then the
remair.irq lots must be accord'_ngly developed so there will
be a total cf two {2) two-beds nom employee units and two (2)
three-bedroom employee units in the subdivision. In
computing the rental or sales price of any employee "its
per square foot, the maximum scva re footage to be use-. in
such crmputati on shall be eic-t hundred (80C) square feet
i
for the two-bedroom 'snits ant one thousand seventy-five
` (1,075} square feet for the three-bedroom units. A
. developer may cocas eruct large= units but shall not charge
for the additional squa:^ fop-age.
10. On execution of this agreement by all parties
hereto and receipt by the County of appropriate recording
~ fees, the County agrees to a?trove and execute the final
3
i
plat and to authorize the recording of the same in the real
~
c
property records of Pitkin Co-_nty, Colorado.
~. .
~.
o:
~~ •• ~'~
1 .: i
S ~'•
'-~APPROVEG AS TO FORM:
_- r
N H. CHEE ,
_ _ County ttor.`ey
r
i
f
1
~`_
P
f
THE BOARD OF COUNTY COMMISSIO)PER:.
OF PITriIN COUNTY, COLORADO
ME~40RAIJDOPI
T0: Pitkin County Planning and Zoning Commission
FROf<1: P.i chard Gri ce, Planning Office
RE: Cheek Subdivision - General Submission - 1930 GP1P
DATE: July 28, 1981
SITE DESCRIPTIOIJ
The subject property consists of 10.7 acres located on the north side of V•Jilloughby
4Jay. The topography is flat to gently sloping except for the back portion of the
property where the grade increases substantially. The limited vegetation on the
site consists mainly of natural grasses except for scattered tree stands and the
fact that the hill side along the back of the property is generally covered with
sagebrush and scrub oak. The property is currently improved with a duplex struc-
ture.
ZOTJ I tJG
The entire property is zoned R-30.
DEVELOPMENT PROPOSED
The applicant proposes to subdivide the site into five separate parcels, each
parcel to be developed with a duplex structure. Each duplex will contain one
unrestricted unit and one low-income restricted employee housing unit. Two of
the total of four employee housing units will be two-bedroom units and the other
two will contain three bedrooms each.
PUD and Special Review Approval are requested to allow for the duplex uses in the
R-30 zone. Three of the four new homesites are proposed to be located in building
envelopes adjacent to the base of the hillside. The fourth homesite will be located
behind an existing knoll on one side of the property. The existing structure on
the property utilizes two road cuts onto l•Jilloughby llay. The new proposal will
require only one new road cut as all but one of the structures will be serviced
from the slightly adjusted existiny access driveways.
Access to the property is from 6Jilloughby t•Jay, a County maintained road which
is almost completely flat. There are no access problems for this site.
Subsequent to the initial submission, an additional request for rezoning has been
filed by this applicant requesting that two of the four designated employee units
be rezoned to the PP1H zone category.
PLAtJNIfJG OFFICE AND REFERRAL AGENCY COMMENTS
The Aspen plater Department has indicated their ability to supply water to this
proposed development provided the applicant covers the cost of the main extension
and meets certain special site considerations and established hater Department
policy.
The Aspen Pietro Sanitation District has capacity in its trunk line and in the
treatment plant to service this project.
The Colorado Geologic Survey indicated that provided the recommendations made by
(dick Lampiris were followed particularly vaith regard to the salvation ditch, they
would have no objections to approval of this application.
The Housing Director has found the Cheek Subdivision application in compliance with
the housing provisions of the code. Jim recommends that approval be contingent
upon execution of the provisions offered with regard to housing by the applicant
in the application. Specifically, the applicant has guaranteed to build 100% of
the low-income housing units. In addition he has guaranteed that covenants will
be placed on the land requiring employee housing to be built concurrent with the
free market units. "In the event any lots are sold, the covenants will require
a certificate of occupancy to be issued for the low-income housing units before
the associated free market unit may be lawfully occupied."
..
Memo: Cheek Subdivision - General Submission - 1981 GMP
July 28, 1981
Page Two
The County Engineer has noted a potential. for adverse impact upon the off-site
storm drainage facilities resulting from this proposed development. He has
suggested that the applicant be required to cover the costs of the off-site
storm drainage improvements. The application indicates a willingness to solve
drainage problems which may be produced by this development. Pat feels that
the road system serving this property is adequate and sees no adverse impacts.
The County Sanitarian's Office is satisfied with water and sewer plans as they are
provided by the City of Aspen tdater Department and the Aspen Metro Sanitation
District. As the fireplace units will be designed to County standards and the
driveways are to be paved, his office anticipates no additional adverse impacts
on air quality.
Holy Cross Electric indicates their ability to supply power provided the tariffs,
rules and regulations of Holy Cross Electric Association are met by contractual
arrangements and easements. Specifically, they have requested that a 20 foot
wide easement dedication for the existing power line be indicated with course
and distance.
PLANIVING OFFICE RECOMMENDATION
Consistent with the Planning Office's high recommended score in the GMP competition,
the staff feels that this application has much merit. However, we are opposed to
the use of the PMH-PUD zoning in this manner. Please see the attached staff memo
regarding "Aspen Racquet Club and Cheek's PP1H-PUD Rezoning Request" for the complete
recommendation.
CONDITIONS OF APPROVAL
In the event, the Commission decides to grant General Submission approval, we
suggest the following be attached as conditions:
1. The applicant shall construct a ditch along the upper side of Willoughby
Way and install twelve inch (12") culverts under the three driveways and
one new twelve inch (12") culvert across the County road, all to be
approved by the County Engineer.
2. The subdivision covenants shall reflect the right of joint use of the
existing tennis court on the property for occupants of all homesites.
3. Dedication of a sixty foot (60') public right-of-way for Willoughby :day
as it affects this property to meet future extension needs.
4. The Subdivision Agreement shall reflect a limit of one fireplace per
unrestricted unit, no fireplaces for restricted units, and that all
driveways will be paved.
5. Access easements shall be provided for all driveways.
u. The Subdivision Agreement shall require all buildings to exceed the
County's "energy conservation and thermal insulation standards" by at
least 20 to 25 percent. An energy conservation report shall accompany
all building permit applications.
7. The recommendation of Nick Lampiris relative to the salvation ditch
in his report of June 1, 1981.
8. The Subdivision Agreement shall require one hundred percent (100%)
of the low-income restricted housing proposed must be constructed
either prior to or simultaneously with the construction of the un-
restricted housing. In the event any lots are sold, the covenants
will require a certificate of occupancy to be issued for the low-income
housing unit before the associated free market unit may be lawfully
occupied.
9. This property shall be deed restricted against further development.
10. Pitkin County shall be named as a beneficiary of the subdivision covenants.
11. Detailed and Final Plat shall reflect the easement requested by Holy
Cross Electric in their letter of July 2, 1931.
SCORE SHEETS FOR ASPEIV METRO
SUBDIVISION APPLICATIONS
1981
Name of Subdivision: Cheek Subdivision
ability of Public and Private Facilities and Services (maximum 27 points)
Consider each application with respect to its impact upon public facil-
ities and services and rate each development by assigning points according
to the following formula:
0 - Indicates total impracticality of providing service.
1 - Indicates a major deficiency in service,
2 - Indicates an acceptable (but standard) service level,
3 - Indicates an excellent service level (that is, one that improves
the overall quality of service).
The following facilities and services shall be rated accordingly:
Number of points (Multiplier)
2 3 1. Water (maximum 3 points) considering the reliability and capacity
of the water supply system to provide for the needs of the pro-
posed development and, if a public system, its ability to supply
water to the development without system extensions beyond those
normally installed by the developer, and without treatment plant
or other facility upgrading. '
Comments: The City of Aspen Water Department can provide service
through lines to be installed by the developer.
2 3 2. Sewer (maximum 3 points) considering the capacity of the sewer
system to dispose of the wastes of the proposed development and
if a public sewage disposal system is to be used, the capacity
of the system to serve the development without system extensions
beyond those normally installed by the developer, and without
treatment plant or other facility upgrading.
Comments: Service by Asoen Metro Sari+~+~^^ Di~trirt
which anticipates no problems in providing service.
2 (2~ 3. Storm Drainage (maximum 3 points) considering the capacity of
try drainage facilities to adeq~~ately dispose of the surface
runoff of the proposed development without system extensions
beyond those normally installed by the developer.
Corrnents: The County Engineer feels that proposed development
will increase and direct storm run-off from this Subdivision
and the present county road has limited drainage capacity.
Application offers to direct runoff into drainage channels
designed to county standards.
-2-
2 1) 4. fire Protection (maximum 3 points) considering the ability of
the appropriate Fire Protection District to provide fire protec-
tion according to the established response standards of the appro-
priate district without the necessity of establishing a new station
or requiring the addition of equipment or personnel or capital
improvements.
Comments: Fire hydrants are orovidad fiv tJ~cpunty_nr~hP
applicant within 300 feet of all residences (No comment
was received from the Fire Marshal )
2 (1 5. School System (maximum 3 points) considering the ability of the
school system to accommodate additional students without extensive
busing and additional capital improvements.
Comments: The District can accommodate new ctudPnt enrollment
without extensive bussing and additional capital improvements,
3 (1) 6. Recreational Facilities (maximum 3 points) considering the
availability and location of parks and other recreational facili-
ties (on and off site) and the ability of public facilities to
accommodate additional users without acquisition of lands or
making capital improvements.
Comments: The proposed development is in walking_dis an
of the Rio Grande Trail and Park as well as Hunter Creek
Trail A tennis court will be available to residents nn
site Existing facilities will be better utilized.
2 1 7. Police Protection (maximum 3 points) considering the ability of
the Sheriff's Department to provide protection within reasonable
response times without the necessity of additional facilities,
personnel or equipment.
Comments: Response time is standard
3 (3) 8, Road System (maximum 3 points)
public road networks to safely
posed development (without the
expenditures) at a "c" service
service level is defined in th
Road Network Analysis.
considering the ability of the
provide for the needs of the pro-
need for improvements or capital
level (at-a minimum) as such
Briscoe/Maphis Pitkin County
Comments: The access road is currently laved and in good
shape The Code requires for dedication of public right-of-
way to meet extension needs, _
-3-
2 (3) 9. Public and Private Transit Systems (maximum 3 points) consid-
ering the ability of the public and private trail and trans-
portation systems to provide for the needs of the proposed
development without the need for public improvements or capital
expenditures.
Comments: Th;c proposed development is in walking distance
to stores and service facilities via existing trail svstem.
Effect upon the Environment (Maximum 21 points)
Consider each application with respect to environmental impacts and rate
each development by assigning points according to the following schedule:
0 - Indicates adverse environmental impacts.
1 - Indicates minimal environmental impacts.
2 - Indicates no adverse environmental impacts.
3 - Indicates environmental improvement.
The following features shall be rated accordingly:
Number of Points
3 2 1. Air Pollution (maximum 3 points) considering. the elimination
of fireplaces and unpaved surfaces, use of mass transportation,
and other techniques to reduce air pollution.
Comments: The application meets code requirements of one
fireplace per unit, trails and accessible and driveways
will be paved,
2 2 2. Water Resources (maximum 3 points) considering the extent to
which the project will reduce and/or pollute surface and ground
water supplies.
Comments: Applicant proposes to utilize the services of Aspen,
Metro Sanitation and the City of Aspen Water Department. The
Countv Sanitarian does not anticipate any adverse environmental
impacts,
3 3 3. Open Space (maximum 3 points) considering the extent to which the
project preserves usable and desirable public and private open
space.
Comments: Development proposal is below zoned density, Home
sites are placed away from desirable Open Space. The property
is being deed restricted against further development. -
-4-
1 3 4. Natural and "•.an-made Hazards (.~.axi::um 3 points) censidering
the extent to which the proposed development is free from airport
hazards and natural hazards (including geologic hazards,
floodplains, steep slopes, unstable soils, snow avalanche and
wildfire hazard areas).
Comments: A man-made hazard~exi~irs witfi~$e~cai<i.ox~----
of the Salvation Ditch relative to this cite.
3 3 5. Visual Vulnerability (maximum 3 points) considering the extent
to which the proposal will leave unaltered the high visual
features of the area.
Comments• All home sites are so situated as to preserve the_
highly visual features of the land -- three are up against
the hillside and one is behind a natural knoll.
3 (2) 6. Wildlife Habitat (maximum 3 points) considering the extent to
which (including dog control) the project accommodates wildlife
habitat including game winter range, migration routes, calving
areas, waterfowl habitat (winter and summer) and fisheries.
Continents: There are no nearby wildlife habitats even so.
the applicant offers Do4 Control Coyg^a„ts
2 (1) 7. Natural Vegetation (maximum 3 points) considering the extent
to which the development will preserve unique natural vegetation
(especially trees) on the development site.
Comments: The few scattered tree stands will not be
_ impacted Minor disruption of saoe brush and scrub oak is
offest by reclaimation of the old shed site and replantinas
which wi11 occur around new structures
t upon Energy Conservation Maximum 2 points)
Consider each application with respect to energy conservation and rate
each development by assignment points according to the following schedule:
0 - Indicates no conservation features.
1 - Indicates standard conservation features.
2 - Indicates outstanding conservation features.
Number of Points
2 (1) Energy Conservation (maximum 2 points) considering the extent
to which solar heating and thermal insulation measures are
taken (beyond the requirements of the Building Code).
Comments: ~FnP~;~_,,ar pseruatiun and Thermal Insulation Standards"
are Pxreeded 6v 20°~ *^ 25%
-5-
Provision of Low/Moderate/Middle Income Housing (Maximum 30 points)
Total Number of Points 12
Consider to what extent each development proposal will satisfy local
need for low, moderate and middle income housing and rate each proposal
and assign points according to the following schedules:
Number of points
(a) Middle Income Housing Points
10-14% of project 1
15-29% of project 2
30-44% of project 6
45-59% of project 8 1.35 X 3
60% (or more) of project 10
_ (b) Moderate Income Housing Points = 2 X ~ _ ~,a
10-14% of project 2 =4.05x'3= ~',1
15-29% of project 4
30-44% of project 6 ~ 2' ~
45-59% of project 8
60% (or more) of project 10 1 2, I -T 29.4.
~g_ (c) Low Income Housing Points ~ U ~
10-14% of project 3 ~ ' '
15-29% of project 6
30-44% of project _9 _,_.,._~.--.-.__
60-79% of project ~~
80-89% of project 20
90-100% of project 30
In order to determine what percent of the project is devoted to
middle, moderate and low income housing, compare the number of persons
to be housed by the project as a whole with the number of persons
to be housed in each the middle, moderate and low income units (if
any) using the following formula (with no credit for any unit not
meeting the minimum square footage requirements specified):
Type of Dwelling Unit
(minimum square footage)
Number of Residents
Per Dwelling Unit
Studio (400 square .feet)
One Bedroom (600 square feet)
Two Bedroom (800 square feet)
Three Bedroom (or larger)
(1,000 square feet)
1.0
1.3
2,7
4,0
Comments: 4 x 4 unrestricted units = 16 oeoole
4 x 2 (Low) restricted units = 8 peoolP
2 7 x 2 (Low restricted units = 5~4_aaeWalP
13 4 = 29 4 = 45 6% 13 4 oeoolP
Development Below Allowable Density (Maximum 25 points)
Total Number of Points 8
The Commission may award as many as 25 additional points to any project
which proposes to develop below the (net) allowable density in the
applicable zone district. If it shall elect to do so, the Commission
shall award 1 point for each full 4'; reduction in net allowable density.
"Net allowab".e density" shall mean that density allowed in the appropriate
zone district reduced by any off=set otherwise provided for in the Pitkin
County Land L'sa Code (e.g. Seciion 3-8.8).
Comments: Total of 10 units requested zoning would parm;t ~g nnitc
rP~ting in a 33% reduction of density
-6-
Construction of Low Moderate and Middle Income Units by Applicant (Maximum 10 points)
Total Number of Points ~~
Additional points shall be awarded to those applicants who guaranty to
construct the. low, moderate, and middle income units with their proposal
according to the following schedule:
Percentage of Low, Moderate and
Middle Income Housing to be Points
Constructed by the Applicant
0-33% of such housing 3
34-66% of such housing 6
67-100% of such .housing 10
In order to determine the percentage of such housing to be constructed by
the applicant, there shall be used the same formula (above) used for deter-
mining what percent of the project is devoted to middle, moderate, and
low income housing, with no credit to be received for any unit not meeting
the minimum square footage requirements specified.
Comments: 100% Construction CuarantaPH
APPLICATION
Points without multiplier
i. Public and private facilities 20
ii. Environment ~?
iii. Energy conservation 2
iv. Housing 12
• v. Density reduction 8
vi. Construction of price-restricted units 10
TOTAL ~ 69
Points with multiplier
i. Public and private faci.li.ties 38
ii. Environment 39
iii. Energy conservation 2
iv. Housing 12
v. Density reduction 8
vi. Construction of price-restricted units 10
TOTAL 109
L
f ~~ -~ ~ ~J
`~ ~Y'-) y- ~~,l
k
- - z-
.._.e ~ _ _ ... >. -. _. .-. w~ K 7
r£
~~~ ~~ ~~
J44
r~ ,_
7,
s
F
~_
n
S
ti
N
n
County staff has reviewed ,'your,,:`proposal, and has deterinined .that'.`: „
tho landform you, want to,ramovsfrom th® site is esselitial to.tlo
sukidiyision 'as',appraved '-. L~nol'osed •,'fer •your review please find
"copies bt trie lollowing;do`Qumenta
~, ;fi ':.
1)' A.memorandum developed by?..County staff in 1981 concerning .
the 'Growth Management; ''Quota,; system (GMQS) scoring Yor..;trie ,
Cheek subdivision,• ,
A q:
2) Resolution No.' 82-72, granting Final Plat PUD and.Special
Review Approval to the Cheek.'SUbdi,vision,t' '
3) '•&ubdivision Agreement 'and..~rrotective bovenants for. the Cheek ,••
~. '.:Subdivision.' '' ~ ""
Staff, bases' it ~ edetermination . on thQ following:. ~ , ,..',..
i) GMQS.allotmerits were.'granted and.,lrhe subdivision approvod by '''
'''~ the Board of. County 'Commissioners ari 1983.: Notice from:;thn';: •:•n;:;'':
' GMQS, scoring '.that•.the `;,intent bf "siting;'the Lot , i„ buildtnq ~ :•`.
°onvalope behl,nd.,the knoll' was' to' Yeduce.ahe:' visual•,.img~cts~M ., ~ .`;:
of •the.development.. The.'."subdivision cgmpeted.,.thrdugh';.:t)ie
:GMQS •;tor development ~allotmerits and' the favorable sdore,..
•~ received was', due, in part,' to' this .visual''. screening ',~;'
~' ' '' 'Therefore, ramoval,.,'of the' knoll represents.',a . phniige to. the, ,,~~,.~;,
i,~.~
,',;'.::,. ~ 'subdivi'sion as' ;approved, "and could; ~®op'hrdize ,the status";',df•!::,: ,,,,•.;••,ic.,^,,
'.' the GMQS allotriient gained (seG' Section 5-610.4 (f) ` of ;~tlie'`f;:.:: :~.;;;,!,
+. `
• Land Use Code); - ~ ~~- ~
h , .;.
2) Under the Special' Use. requirements, , ,anyone„ wishing to.,ofi'anga:g,- ,;.;!'i,,~;'
or alter any, use„in', such,:, a ,manner .pot, provided for, in"`Eho{r'h,'sr,ki;•;;
• :' approval must .apply foY ' a 'revision' ' of 'the .•e'pproyal.^~ .' <,i,;:
Substantial amendments shall . "cgnstiitute ~ .a new ' 1and~ ,ueQ'~ .: fu,,rr',
,''., Adn~Ink~aBai' ' ~CountyComMcsbnerc' CountyAttornoy Perca+nelandFinenee .: Rosdend8rldpe'~~;ta '''a~";~':,
530 E.Meln.9MFloor SWIeB ~ Sui1el•. . ~'SaltoF.'; FbetMpnapsmeM7;fit'~ ~ i7,Frc'.•
~': ;Aspen, CO 81811' 606 E. Mein SVeel. ` ` .530 E. Main Snort .. 530 E. Mein Sheet ::. 202.10 W. woi,woy 82~; +~ :.;, 1,.,;~r;
': ~i~~' ~~''. (30318205200°~~' ~. ~;+~~•.• Aspen, C0.e1611 ~ ` ... Aspen: 0081611 ~ ~~:, .:•.:. ASpan. C081611.'~.. •..:`.•.•.;'~,`Aepon. C081811's~%;:.~1„':,+;:jJ ~r;{;,•
`f,?. .1'•.•.FAXB20-6106,.,.,;. '.; '•. (303)9205150.,, (303)0205/00.... +.'(303)920.6220' (303820.53YO;.~G'.rer%;,.?~~.y
'nD . : .i .. ...
FROM WIISON HLDG. CONSULTRNTS--.INC. PHONE NO. 303 927 9845 t Jan. 10 1994 11:47AM P02
~ ,~ ~.. ,,
~ application. Minor
•• changes, as determined by the County,
•.
ipay be authorized . by the Planning Air®ctor without
additional publio review (soo Section 3-6.3(b) of the Land
Use Code).
Removal of the. knoll, in staff's opinion, would represent a
change to the terms and conditions of the subdivision as
approved, and .will .probably require an amendment to the
subdivision approval, GMQs allotment, and/or Special Use
approval. I am unable to approve the Excavation Permit for this
work until an amond>nent to the land use approval specific to this
work is'granted by the County.
Thank you for applying for an 8xcavation Permit. I suggest you
contact the Planning Office concerning the procedure required for
facilitating the proposed excavation within the Cheek
subdivision.
.sincerely,
Newland, Assistant t~the County Manager
cc: Francis Kxizmanich, Zoning Official
Tim Whitsitt, Assistant County Attorney
20M : WI150N BLDG. CONSULTANTB~ INC. PHONE N0. 303 927 9845
Wilson
~ Building
47 Orlgiatl Lsae
Basali. CO 81621
(303) 927-9845
DATE: ~~~~/ 9~
Consultants
~ Inc.
T0: ~f'~~ ~1.1~
Pi'~1~-11..5.. C,OU-S-`rid
Jan. 10 1994 11:46RM P01
FAX= 9Z~o-Si9~
RE. ~T ~ G~I~E.K- ~ULiDI V 1 SI O 1`S,
If this transmission is not complete (~. pages, including this page) or
legible, please call me at the above telephone number. Thank you.
ADDITIONAL COMMENTS: W}1,D.T 'DC~ '?4UU IVIA.Ii..~ OG
F3u 1 LT J /~Tt~ T'}~-E ~ I~-l~s~c~l.._. P,4t~T1_~(~L.`~ ?
WOU t~ ,4i~O t; `no%s~.A~~ t~~/1 ~1ti/ '~~
J~ki"cC~SS+~..~-
n
~,20M WIISON BLDG. CONSULTRNT&~-INC. PHONE N0. 303 927 9845 ._
~.+
Jan. 11 1994 11:58RM P01
-~---
',
~~ I ~'c"i"l'ha
James J. Wllson 6H6ETN' ~'~/-~A \ (~~ ~~
Butlding Consultants, Inc. ' 1 ~9~,~~~ , , ~• ~(~ A tDATE
3015 B Highway 82 .~
BASALT, COLORA00 81621 CHFCI§L • DATE (~
(303) 927.8008 _ ~ _ . ~~11~ ,, 1.~
I L `-- -
N ~~
1
x
1^
r,
b ~,
. Y .. .. .,...
~..,
,/~'
y
h
NNNNLL~1 NIFI(AV:P1:Igi Li.n•u Na A11,1.In1uHi MVNI 1nu Ilill i Vn aY~{gy
a
v
_~ .
`,f
-N
r,~
~:
..'
i
S'`~
x~,
:"..~
~~
+i
'C.
.
~~ 2
s
exl+tn[:' '•r'
.a '~.
PRUTcC1'IVL' COVENANTS FUrY IaICEK SURUIVCS [UJ •IA'
~,~x437 ,, :~54 :. ,
jLhe~ r a ~
~' f E p `r i, rr . ~ ra
h ~ -~
~ Ir ~' ~.i1.53i -:rt c ..y
! ~ p .C. O
i My,~ ,._~ r /~
. r _ - '' C
' ` l7 ~
a i ~ -
M..~ ~
a, ,b
r'
!s - ~ ~ ~,
i. •<
:i A3. I is .s ,' - }u~ PI"
~ W;
• ~
J. 1..~~ y ~ ~ _
4 , Ip] ~
ry10O 1. ~ ~ ~"1
:. iabz air3y :^a 1 }.~
,. .,;~ m ~,,~
:
~i ~ s
n ::' ~ ~ ~.~ ::.
->-~
~~
u~ K~ /..
y. y j 1 M.
~1R ~ .~ u _ ~.:.
-IAA 1i `~
' 1' t 3.
.. ' ~ `~
i• :~5 ~~
E: Sri ~ : ~ ~\ ; ~ '~
,, ~;,s
V `~°i BIZ i1 ~
1 ~ IE ~, ,.;k i
1. ' ~
t: i i
i ~ ~ ~
' 1 •~ __ _ - ~ __
1 ~ `' - r
rl
.:. ,
~ Z
.'~..
• -, ..
•
:,:~i••
•
.r
run^,ecT: ~~z ccvE;:,v;:., ,-, -,
.'°!'1[; Cr!li`: T't, COLCIL?fiG _ .
:+vv:~c~bor 1"5:
":HTi
:Iw_.. .. ene:'~t, ... ,1i1 ~;--.:v.. rn .r9 ~;• -•.1:. :!,:~ to .hat
t
t }: :.. C.,ur. t'. :,,; :;ib, ~e n'
c,,! nr: r,,, :'• .,..,.., t. ., Pi
1
~
~~ ~
~
hereto and
, rt
.. .?...
;•-i!,..d c:. r.!::: " att ^:•~...i
3: .C: ra R... ~llrl'1R ~~: r•'. _. 'l: C, .'.il:. ..Gw .:1n~J^~ /f5 'hE C:'ic:~5
^
tbC , ]'. ::r.t ZS 7r
~~ nn~ 1° ,?OC Sa,,i i L4t~ i1
ti , ~.
.
r?c 1 ?Lat z<~r.=: 'a r ui ~ 9 nl the ~e.., r ~ n: tale ierY.
c c
.
1 .~?-_f G: i_, It: ~ V rug >: JGO. 1^. '., C la[^^L:'ln O:
. ~
::eak, .,r. , ~:' by _i, aurcct i~^ cf ":i.
r
~~.
J.. r
~
. =
.
th~ nr .. .:italn fhc ~hr:ek b•h.'i•,'-_sc.^. Se
^h.,t
~~
•
~ ~
., ;niy desirable scenic and
...:d ..^.a i~ta.c.. 9
.~ee!ope~i
eFC'~:siva ._..:d~-..^ia? .- :. i,. [ham puc,,~~~se o.` r^ese covenants
`.5,;. -hr_ present ...: t,'. a. ;;eauty ~aci ~.: _, ~....; no tu: nl qro»th and /
.
-J'lve 'mot. °c , (. a .n .t:~ i`. k u4: .: s.or. Lha11
< ,' J, ~ h ~ ~ lh ~ ~ ec .on w. t.. the
_
.'r ~
i
_
G:',d ,r -u r'.JC•.. __. ._ Yj .V th. _,.. .P TCBSe
o
^_ ia'l,i ?id tl?e' lOfe
OV Cna':t5 ii hC ..td^.^. Oa sad r~:^. +_... t
'i within _.._ ..._ek Su~-~.izv:sum.
'4T T::LE f3
De'_initions
i d1 Lcrs. ..\L. ^~ .~ .anatzd or. the
' yl ;:d ~ _
.
re"ri-dcd plat cf n C.la~ek Subd.vaior.s`.a_i be res:cer.t ial lots. __
Th_ Cheek Subdivision, TF.e words "the Cheek ~..-~~
2 - -.
.
Pubdivisinr." a~ used in thes=_ :ove~a.^.*__ =311 meow all cf the ,~
:ands iac LJded wi*_hir. the Cheek Subdivision.
AFT:C!.E ZZT.
~:embership in the Cheek Subdivision Homeowners' Association
All persons or associations (ether than the ''heck
Subdivision Homeowners' Association) who own or acquire the title
' in foe to any of tn~ lands in the CSee%: Subdivision (other than t
lands dedicated as public roads), '.'y whatever mans acquired,
shall automa ::ica: ly become members of Cheek Subdivision
- ~ Homeowners' Association, a Cclor~.~?o corporation ,>Jt for profit,
' in accordance with the articles of incor gyration of the Cheek
' Su~divisior. Homeowners} Association which shall be filed with the
Colorado Secretary o: State and recorded in the :cal estate
~ records of Pit}:in County, Colorado Clerk and Recorder, ar.d as the
i same ma, he duly amended from time to time and also hied with
I the Colorado Secretary o` State %•nd recorded with the Pitkin
County Clerk and Recorder. Thurc shall be one (1) vote per '.ot -
I
i
~ in the Cheek Subdivision tloc.eewners' :,ssociation.
_ _--
4~.~ _
~.
y
1
..._.
_r:rcr.:: Iv ..1.i r :i3 `.
,,. .: t.It,. ,. ..... ..1 ~~,~mmi[t.
1 n...l. .,c ~.ur._ U. ~ifr. ., ~.:iv: _. ''h,., 'r. nn,, ,.1.,
blCPhcr ,u;': _..-.~' 1 >, coca n.~ .. _... .;.. ._. ~ .. ... .:I
Caaitb:e ..ti: s'ac'!: _. i....: .,. J~-~d ~r/ t::~._,.. i:. ...l.! ua!
Jcnve" ..... ....~tlina hour. _- :~~•. _.,.. _ .. .
.]n': _ohi.^. .ter: ..~ tw9 ('1 let'. ~. ;h: _... ~ - ... I
tii~^ Lof ~ di : end, tn•>rc i::: _ . ,.. ?.:-. .. .,: r.. .~~.: ., .. -.
..V r3 r• .4e vnaf.. O.` J1:.._Cn~ ... .. [n ~C: _.. .. ~ .. ..,
i l'hc^ furore. .^t VAr,. rtir,.'. r:nrul ~ ~.._.'.!!t~..
e;.,.rcis aL ;f ,...,. ,., ... .,. .. .~.... .. .. ..... ... .,
. .: tltis~instr:mrnt. .
_. ,oaroval __.: _ _ ... .. .. .... .. ..
:~AUi CS ...t GUL X11:C-, !,..
parking arcs. ... .. ...... .._ .. .:..r:=. ~~n: •..:,.t ~_ , .'. in
;:er..'tr~,d..rG cem.~`.. .~-~: .._ ... .. .. .... ... `,r... 5':. .....-_,r.,
c:;n; unCtiC,. _.`.erewi t:- ... .. .... ,-.- .. "_!. _.. .._ C;. ^k ..:~di ...,. ,
cn'_ess laic'. comolzte ar'h ic~ectural olara ace:'..::oecif:c,~'i~es a:~d ~~a
.•ite plat e::owi r.e th,+ lc•r:::ion, and orlcctaticn .:_raa: . ~. _uch
erect ice, or cite ra t.en and !andscaping =_re ar roved h the
;.rc;._t••:: Gu cal Cc,-,mltca~ o: i. _ io thz corr.:on.^ement of .:a work.
Two cct:p;ztz sets of tha arehi`.e^tural oLans and
sce::ifuati::a ~ast be sebnittad to the .:hitecr oral Cor:mit[ee
and must includz !,~~st :our di~~ _cr t`eievation views and a
-- coaplete list of all -.arerials =.id r_olc rs to h, used. Une ccpy
_= thu ce-o Lr.ca pi ans and ~ ~; iiicatior:s shall be signed .or
is!er.ti_fica'iea Sy thz own<r.~~ Ia th= event the ,.-cizitec`ural
_ C~mTittee ;ails co ta,_ ._ .- a.tioa wt'h 45 da?s niter twe copies
' of tha cr~mp!ete a_~~.".'_`~ctural plans sod specifi.caticn: h.vee bee^
s'ih^it*_ed to ti:en all of Bach -!:brit=ed arch itactural olar.s
It steal: be deemed !o be aep r.•v~d. Tae :.rchi tectu cal CCrrtittee
..=.hall not ocean sonabl_: disaoprcve the architectu cal pL°ns.
3. variances. nhera circumstances, such as topography, - ~
location o'. property lines, location of trees and bcush, or otF.er
natters require, the .._chi'ocblre7 Cn^giittee mav, by an
affirmative vote of a rajori t cr the members of the
Architectural Cor:.rtitte_, a'_low reasonable variances as to any oi'
the covenants and caste fictions contair.o? in this Instrument, on
such terms and ecr:ditions as it shall require.
4, General Requirements. The Architectural Committee shall
exercise its best judement tc see that all improvements,
constzuction, landscaping and alterations on L'he lands within the
Cheek Subdivision conform and harmon i-.e wir.h the r.aaural
surroundings an,l w!th existir,7 structures as ~o external design,
'.. materials, color, siting, height, topography, grade and finished
ground elevation. The Architectural Committee shall protect the _,
- sec:us ion and natural view of each residential lot insofar as
possible in the drve!opment of the Cheek Subdivision pursuant to
these covenants. - - - ---.
~.:-.~~ Tha Architectural CcnTit[eeshall consider the ma trrials to ---- -
be used on thu external :ea lures of 'uuildirgs or structures, -- - - -
_.... including ex tr_rior uc'_ors, harmony of externnl design with - _
-- - exist inq structures within said subdivision, location with ~- ~ --~ ~ ~-~
~- respect to tcpogr'+ohy and finished Grade ^_l~vatior.s and harmony
'~~' --:-~- -'-. ~- of landscapir.q with thcr.a aural-r>ctt inq -and mat :•:,. irees,:.bushes "--~" - -"-'~
- ~ ~- - and other vegetation within aaid- ;ubdivis:on. -- --- -" -- ~ -~ ---" ""."-
-~y~~a'
•iJ~.
:~•,V~
~2~-'y .
"4f
!
~.
^,
C - :s
:
t a,~i,4J7 ,~,.~45
5. Preliminary Approvals. Persons or associations who
anticipate constructing improvements on lands within the Cheek
~y Subdivision, whether they already own lands in the Cheek
~- Subdivision or are contemplating the purchase of such lands, may
C^~ submit preliminary sketches of such improvements to the
Architectural Committee for informal and preliminary approval or
disapproval. All preliminary sketches should be submitted in at
least two sets, and should contain a proposed site plan and
sufficient general information on those matters required to be in
the complete architectural plans and specifications to allow the
Architectural Committee to act intelligently on giving an
:.,` in'_ormed preliminary approval or disapproval. The Architectural
Committee shall never be finally committed or bound by any
;a-- preliminary or informal approval or disapproval until such time `-
:,,'z"
'.~~_ as complete architectural plans and specifications are submitted
• and approved or disapproved.
6. Architectural Plans. The Architectural Committee sh..ll
>V•~'~ disapprove any architectural pians submitted t.o it which are not 4:
-t:%~ sufficient for it to exercise the judgment required of it by '
T~c,.. these covenants.
1,
~
-
~ 7. Architectural Committee tlot Liable. The Ar.:n itectural
T~`-y- Committee shat not be liable in damagas co ary person or
_ _- association submitting any architectural pla^:~ fur approval, or
x.~ to any owner or owners of lands with the ::hook Subdivision, by
__ reason pf any action, failure to act, approval, disapproval or ~I:.
failure to approve or disapprove with regard to such _
- - -'~",• architectural plans provided the Architectural Committee hac not
- 'r~~ been arbitrary or capricious or has not acted beyond the scope of
its authority.
.,
' ''
_~
' 8. Nritten Records. The Architectural Committee shall kaep ~j
~4 and safeguar f~ or a'_ le%.st five years compiete permanent writter.
~~~{ records of all applications for approval submitted to it
,~
,. (including one set ~•f all preliminary sketches and all
i
-
" architectural plans so submitted) and of all actions of approva_
~ or disapproval and all owner actions taken by it under the
'_4 _ ~~j provisions of this instrument. '
"~ ARTIrZE v
General Restrictions
-' 1. Buil
din E~~nvelo em~s. All dwelling units and any other
~~
buildings, ine udin~ceessory buildings, shall be constructed
only within the designated building envelopes as described on
_ -`~ Exhibit '2' attached hereto and incorporated herein by this ~.
-I reference. The Architectural Committee may, however, permit the
'{~
.i construction of swimming pools or tennis courts outsiPe the
buildin
envelo
s -_r
try
g
pe
.
l
" ~
2. Subdivision Agreement. All owners shall adhere to the
• requirements set~ort iFi-Tn tF-ie Subdivision Agreement between -.-~
:
-- John H. Cheek, Jr. and the -Board of Commissioners of Pitkin ^njg}
County, Colorado, recorded in Book 435 at Page 172 of the records
of the Clark and Recorder of Pitkin County, Colorado and any duly `.
enacted amendments thereto which may be made.
i~
3. Zonin Re ulations. No lands within the Cheek
Subdivision sha 1 ever be occupied or used by or for any
-~ .y ~ structure or purpose or in any manner which is contrary to the
-'`~! zoning regulations of Pitkin County, Colorado, validly in force
---~~ - from time to time.
~~'
.;~ _ 4. .. NO Minin Drillin or Quarr in No mining, quarrying,
'
%b; tunnelling, excavating or dri ling for any substances within the
,.1~ -. earth,-including oil, gas, minerals, gravel, sand, rock and
• earth, sha_1 ever be permitted within the limits of the Cheek
: Subdivision._
-•~i.
_,y, +,
.. "
4~_ .. s - ._.._...... ..
Y~a+
:~~::.
'~!.
'`.
~."~.4,37 ,'-..546
*~"~ ,
Cy~s_', i ~• ,
".~~5+~~:
.. b~'0~''2~~
.:,>
+«a..
M;
=:^ .
Q`~cy~.•...
~-~
. ,
5. No Business Uses. No lands within the Check Subdivision
shall ever uc occupied or used for any commercial or buu iness
purposes nor for any noxious activity and nothing shall be done
or permitted to be done on any said Ia nds which i.s a nuisance or
might become a nuisance to the owner or owners of any of sn :..!
lands.
6. Signs. With the exceotinn of c.. "Fur kent" or "Fur
Stele' sign (which shall not be larger t'an 20 x 26 inches) and
except for one owner's name and/o r, property address sign not
larger than 6 x 18 inches and of a style and design approved by
the Architectural Committee, nu advertising signs, bi_!boards or
ary other kinds of advertisi.r.g devices shall he placed on any let
in the Cheek Subdivisicn.
7. Animals. Owners, lessees or residents of land wirh the
Cheek Subdivision may have dogs, cats or horses helonying to the
household in the e:heek Subdivision so long as such pets are
disciplined and do not constitute an undue annoyance or health
hazard to other owners and lessees of lend in the Cheek
Subdivision. In no event, however, shall owners, lnsseas or
residents of any one lot have more than two dogs, two cats and
two horses on a lot. No other animals tihall be permitted. No
breeding or boarding of pets for tom.-~ercial purposes shall be
allowed. The Architectural Committee shall have the power to
require any owner, resident or lessee of :ands in the Cheek
Subdivision to. remove any horse, doy- or cat belonging to it which
is not disciplined or which conscitu[es an undue annoyance or
health hazard to !+ther os•ncrs, ray:,tents or lessees of land in
the Cheek Subdivision.
8. No Re subdivision. No lot described on the retarded plat
of the Cheek Subdivision shall ever be resubdiv idea into smaller
lots or conveyed or encumbered in any less than the full original
dimensions as shown on the recorded plat; provide3 however,
conveyances or dedications of easements for utilities may be made
for less tF.an all of one lot. A lot line adjustment between two
lots in the Cheek Subdivision shall not be deemed a
resubdivision.
9. Service Yards and Trash. All equipment, service yards
or storage piles on any min the Cheek Subdivision shall be
enclosed within a solid covered =~ructure or be kept screened by
adequate planting or fencing so a:s to conceal them from the view
of neighboring lots, streets and access roads. All rubbish and
trash shall be removed from all lets in the Cheek Subdivision and
shall not be allowed to accumulate and sh:.ll not be burned
thereon.
10. Under round Utilit Lines. with respect to the new
construction o any improvements within the Cheek Subdivision or
the extension of any utilities, all water, gas, electrical,
telephone and other electronic pipes and lines and other utility
lines within the limits of the Cheek Subdivision shall be buried
underground and not be carried on overhead poles or above the
surface of the ground. Any natural vegatation or terrain in the
Cheek Subdivision disturbed by the burying of utility lines shall
be restored by and at the expense of the owner or owners causing
.the installation of the utilities.
ARTICLE VI
Restrictions on Residential Lots
1. Number and Location-of Buildir. s. No buildings or-
~.~; i. structures shat be paced, erected, alrered or permitted to
F? :q remain on any reuidential lot other than one free market single
,~~ family dwelling house, one single family employee dwelling house,
-: and the following accessory buildings or structures:
..~'
J1 T~'MN44/df..
._ - 3 - .-
--~= r
__.
_..i - '
f
~~~.
~~.~t.4J7 :5e7 5
~.
(al One attached or detached garage per dwelling
house, and
f
f
r
(bl One barn or stable or other nonresidential
building other than a garage per lot.
Tt;e building sites for all such buildings and structures
shall be within the building emielopes designate3 on E:diibit "2"
attached hereto except. barns or stables may be constructed
o~.,tside the building envelope upor, review and approval t,y the
.4 rchi tectural Committee.
f
i
2• c'ompleti~~ of Ccr.s truction. Any construction activity
on any lot in the Cheek Subdzvision shall be completed and full~•
cleaned up rot !.e ss than eighteen (38) months ,`. rom its -
commercemenc.
3. Fireplaces. All free market (unrestri.c tedl dwelling
units in th- e- s b vision shall contair, not more than one
fireplace per dwelling unit and the emplo}ee :restricted) units
shall not have any fizepla res except they may have efficient
woodburning sLOVes.
~.
k
*.~
^,.
.F-
~-...
=r
s:..
' ~;"'-
f
1i
K=
~, -~
~~
, ~..
r
~ ~-.
.~
r
:~ .
- . tl!~^-
~= ` :. -i~
5~
c
}:
s
:,,;. J. -
.. ,,,:-
y;'-~s'~
4. Drivewa s Must be Paved. A final _^c.tificate of
occupancy s a not be issued or a completed house in the
subdivision until such time as the driveway leadi nq to the house
has aeon paved.
5. Energy Codes. All new dwelling units constructed in *.he
subdivision shall exceed the 'energy conservation and therma'_
insulation. standards' 'of Pitkin County, in force as o_'
November 4, 1982, by at least twenty percent (208). Any person
seeking a building permit for ccnstructio:i in the subdivision
shall submit an energy conservation report with his building
permit application.
a
6. Employee Housing Construction. All of the lov i ~ ~-~~!
ncome
restricted housing shalt be constructsd either prior to or
simultaneously with the construction of the unrestricted housin
on
h
g
eac
lot. Any free market (unrestricted) unit constructed on
a lot
may not be lawfully occupied and a certificate of o
ccupancy.
shall not be issued therefore until a certificate of oc
~
-~"
cupancy is
issued for the associated low income (restricted) housin
unit
I
g
.
n the event a lot is conveyed as vacant land, the purchaser of
such lot
t
h _
, a
t
e time the lot is developed, shall be obligated to -
co
t ~
~
ns
ruct either a two-bedroom or three-bedroom employee unit _
.
concurrent with any other development on the lot
At g.~
~'
.
such time
as either two (2) two-bedroom employee units or two (2)
h -:
.
;;
^=~
t
ree-bedroom employee units have been developed in th .,
.
'~-Y
e
subdivision, then the remaining lots must be accordingly
develo
ed so th
~.
p
ere will be ~ total of two (2) two-bedroom
employee units
d ',-c.L
.
an
two (2) three-bedroom units in the
subdivision
In ~~'~'
.
computing the rental o:r sales price of any
employee units ~' ~
'
per square foot, the max i,aum square footage to be
used in such _
~
computation shall be 800 square feet for the
two-bedroom units and 1
075 s
f ~
''a`
,
quare
eet for the three-bedroom
units
An ow ~~-
.
ner may construct larger units but shall not charge
for the addition
l
~ ~•
a
square footage. ~
7. Tennis Courts. Any lot owner in the subdivision shall ~
be entitl
d
. ~~
e
to use the tennis courts in the subdivision located -
on Lot 4
r
id _ -
, p
ov
ed the lot owner has Hirst reimbursed owner ~
JoM H. Cheek
Jr
or his ~• _~-~
,
.,
successors in interest, for the lot
owner's proportionate share of th
-
e cost of constructing the
tennis courts and thereafter the lot ow _
ner pays John H. -
Cheek, Jr. for the lot owner's proportionate shar
f
e o
the cost of :__._
maintaining the tennis courts.. A lot's
- ....._.. _
~
proportionate share shall
be equal to one over the total number of lots
i ?-
us
ng the tennis
courts. The use of the courts shall b~ governed by the rules
and
regulations promulgated by John R. Cheek, Jr. who shall supply ,. _
..._
t
~.
~= '' • -
~1•~~,4,3 ~ . -548
current copies of the rules and regulations to the lot owners on
a iayu lar basis at least annually.
D. Setbacks. A11 huildings and structures on all
residential lots in the Cheek Subdivision shall. be se tba~k from
the front, side and rear lot lines in temp l.iance with Pi.tk >_n
County Land Use and Building codes.
9. Height Linitati~~~. No building and structure shall be
placed, erected, altere~ or permittud tc remain on any
residential lots which exoee3 a haight of 25 feet in elec..=.tion
above the now existing grace elevation of the lot. The heig,t
limitations set forth above shall not app'_y to chimneys or vents
but shall apply to ail other finished exterior components cf any
such building' oz str::c tune.
10. Corrugated Metal. Roofs, Towers and Antennae. No
corrugated metal roofs, s:v towers sad no exposed or outsids
television. or other elec tropic. antennae shall be allowed
radio a-
,
or permitted to retrain or. any residentia'_ lot in the Cheek f
- Subdivision exceot small satellite dishes for recei vi.nq -;. .
-''
television transmission signals nay be platted on a lot with the ~ :•.
review and approval of the Architectural Cort®ittze. -
11. Trees and Landscaping. Except for such cutting or
alt_rinq of trees and bushes and other r.a tonal vegetation graving
on a residential to*_ as is recessa ry to be done in connection
with construction of improvements or landscaping previously _ _
approved by the Architectural Co®ittee, there shall be no g
-~ further cutting or altering of crew or bushes or natural
-• vegetation growing on any residential lot, and no further -
_ "' landscaping thereof, if such cutting or altering or landscap_ry ~~
l would change or alter the natural growth and native setting of
r
the Cheek Subdivision, exceot as may be authorized in writing by .
} the Architectural Committee.
Tanks. No elevated tanks o_° any kind shall be erected,
12
~~ .
placed or permitted upon any residential lot. nny non-elevat°d
- tank used in connection with any dwelling ha3se cr other
-,~
~~ structure on an; residential lot, including tanks for storage of
.
. gas, fuel oil, gasoline, oil or water shall be buried or if
- ~ located above ground, the location and screening shall be
_ _ de ter wined b7 the Architectural Committee.
• 13. Used or Temporary Structures. No used or previously
_
~'~ erected or temporary house, structure, house trailer or
-. ~~^
~ nonpermanent outbuilding shall ever be placed, erected or allowed
`
. to remain on any residential lot except during construction :
~~.
- periods, and no dwelling house shall be occupied in any manner ?~'~:
~- prior to its completion. - °.:.zp
t
.,,
-
14. Exterior Lighting and Sound. All exterior lights and
bb---- ~-
.. light standards and all exterior sound generating or emitting F ~
_
~" - systems on residential lots shall be approved by the
Architectural Committee for harmonious development and the
prevention of lighting and sound nuisances to other lands with
~• - the Cheek Subdivision. No loud, offensive or other disturbing or
_ - disruptive activities shall ever be allowed or permitted oz
- tolerated on any lands with the Cheek Subdivision.
-~ l5. Gft-Street Park:r~. :.o dwelling house shall be
-~ constructed on any residential lot unless there is concurrently
constructed on the same lot a garage that holds at least two
regular-sized cars and adequate off-street parking area for a
total of at. least four automobiles.
_ ..
- 16. Garbs a Dis osal and Sanitar Systems. Each kilt en ~-
:, i contained in any dwel ing house constructed on any residential -~
:y
:
- lot in the Cheek Subdivision shall be equipped with a garbage
_
~ _...
.
. grinder or garbage disposal unit of a type approved by the
- it
.: - ;.
-
aTi....
4
~..~.
.~
g }~:~. :
9y
...
~
~•.1
V "Yh~
• •"~• ~~ •+ r .a. .. c nw.v. :.v s+r ~... ... ..., w.an:v-+-ve.f~.J'l.~a r
'X; ~
t
,
~~
:r. 4.37 ~i4~1
Architectural Committee. All dwe Cling structures shall connect
~ with the Aspen Metropolitan Sanitation system for sanitary
~ disposal purposes.
1', Fencca. Zt is the general intention that ell perimo b=r
~ fencing within the Check Su.div is i.^.~ shall hsve a rontinui ty of
appearance in keeping with the native setting and surroundin,s of
the Ch;:ek subdivision. The term "perimeter fencing" is def_ned
~ to mean fences aior.g c: near rnsider.tial lot lanes or fencing net
~ rnnnceted with a buildiry or structure. All pe ri metAc fencing
ace 11 tre a non view c`a tructinq zauch typo rail nature not
~ exceedin; six fti) 'c~~t in height, and sh~l1 be approved by the
i Archiceccurci Comrittee. lnter.or fences, sc rr:e ns or •.+alls which
are associated or connected wish a bui!diny nr ;tzucture may be
i of such design; m,rterial and height as may be approved by the
Architectural Comm.i :tee.
t 18. Graina e Control. Cacti lot owner shall construct
culverts where driveways cross road ditchec and irrigatirin
dit^hes. .he minimum ::ire c•f any culvert shall be [r:•.lve (l2)
inches in "iameter, and sha 11 be so constructed as to be hidd az:
t from view.
i
~ lv. Read Carnage. Each lot owner is responsible for any
damage caused to pub'_ic or er iv ate roads dur?ng the construction
of improvements upon his coperty by any vehicle be Longiry ei t.`.~r
to him or any one using the roads of the Cheek Subdivision while
engage3 in ar.y activity benef it ray the o;mez. Logged vehicles
~ are not permitted or. the roads within the Cheek 5ui+d ivision.
t. Furthermore, each individual lot ows=_r shall also be responsible
^i for any dar,.age c..ased by ut.ilit}• cues in roads, washouts and
,t runoff d_mage caused by failure to properly install culverts in a
ii timely manner as provided in paragraph '.7 abo•+e.
~ I 20. Enclosure of Unsightly Facilities and Equipment. All
unsightly structures, facilities; e;uipment and other items,
3 ~ including but not limited to those specified below, shall be
_nclosed within a sclid, covered stnrcture or screenee :rpm "view.
Any [railer, boat, truck, tractor, snow removal or garden
~ eyuion:ent, and any similar items shall be kept at all time,
except when in actual use, in an eru lased garage. Ary refuse or
trash container, utility r..e ter or other utility facility, gas,
oil or water tank, service area, utorage pile, oz area for
hanging clothing or other household :abrics shall be enclosed or
1 appropriately screened from view by planting or fencing approved
by the Architectural Committee and adequate to conceal the same
from neight~ors, streets and private roads and access drives. No
lumber, n.etals, bulk materials, scrap, refuse cr trash shall be
kept, store' or allowed to accumulate on any parcel except
building ma:~rials during the course of construction and only for
fi such reasonable periods of time as is necessary prior to the
collection of or disposal thereof.
j.
21. Noxious or Offensive Activities. No noxious or
offensive activity shall be carried on up•+n any parcel at any
time nor shall anything be done or permitted which may be or
become a nuisance [o other property or to the owners thereof.
22. Firearms. No firearms shall be discharged upon any
•~arcel .
ARTICLE VZZI
Easements Reserved
,~
_~~;
1. Utility Easements Reserved. There are hereby created
and reserved perpetual easements twenty (20) feet in width on --
each side of the boundary line along the entire perimeter- of each
residential lot and in those areas described on the recorded plat
'.~.
k ~ N
'$
,. i.iy_ 1
, i.7~ i
of the Cheek S~~bdivision for the purpose of constructing,
maintaining, opera ling, replacing, enlarging and repairing
electric, telephone, water, irrigation, ::ewer, gas, cable
televisions and similar lines, pines, wires, ditches and
conduits. Jo!:n '.'.. Cheek, Jr. reserves the right to relocate
these easements or portions thereof assess any other portions of
any of tha 1o r.s if suet, is deemed ^e~essary for the most
ef.isient ar.d expeditious running of the utilities. provided in
no event shall any such easement run through a building envelope
or across any area cf a lot wherein which an owner has received
approval fcom the Architectural Committee t.o cor.stcurE
improvements.
?. Irrigation Easements and P.iyhts Reserved. There are
he rebv created and reserved perpetual easements across all of the
i.ands :~ the Cheek. Subdivision along the line ,+f all irrigation
ditcn~s presently in existence, or hoses?ter constructed witF, the
conc_nt of the owners of the lands across which constructed, for
the purpose of constructing, maintaining and operating irrigation
ditches.
3. Fenc_ Licenses Within Utility Easeme•~ts. No fence or
nth..=.r improvement shall ever be placed in any of the utility
easements within residential lots created and reserved under
paragraph 1 of this Article VIZt unless prig written
enthorization therefore shall be nbtai nod Erom the Architectural
Committee. Any such authorization shall be deemed to be a
revocable: license and the owner or owners cf the residential lot
upon which said fence is constructed stall promptly remove the
same at their expense upon re west of *_he Architectural
Committee. Damage to any such fence cctasioned by construction,
maintenance and repair of any utilities service or' system shall
be repaired b~ the c::xr i+r owners of the residential lot at
their sole expense.
4. Ownership of Easements. All easaments :.r.d rights
created and reserved in paragraphs 1 and t of this Article shall
h~ and remain vested in John H. Cheek, Jr., his successors and
assigns, until °uch time ac Jcnn H. Cheek, Jr, his successors or'
assigns, shall 'rave executed and delivered an irstrum~rt it
writing transferring the same or a part thereof to the Che ~k
Subdivision Homeowners' association. Upon any such transfer to
the Cheek Subdivision Homeowners' Association, the undersigned
John H. Cheek, Jr., his successors acrd assigns, sha'_1 be relieved
from all continuing responsibilities therefore.
APTZCLE IX
Private Access Ease-gents
r
1. Ownership of Private Access Easements. ': he title in fee
to all land; platted as private access easer..ents as shown on the
recorded plat of Cheek Subdivision shall be and remain vested in
John H. Cheek, .7 r. until such time as he sha 11 have executed and
delivered an instrument in writing transferring the same or a
part the rep` to th•~ !'!+aek Subdivision Homeowners' Association.
2. Grant of Private A;.^ess Easements. John H. Cheek, Jr.
hereby conveys to the Clreek Subdivision. Homeowners' Association
for the private use of t.~e owners of the lots being served
thereby in the Cheek Su`~d ivision a ro nexclusive easement over and
across the private acs ess easements on the recorded plat of the
Cheek Subdivision.
~ _
3. Haintenance cf Driveways. All driveways constructed in
the Cheek Subdivision over the pr-vale a^_cess easements shown or.
the recorded plat of the Cheek Scbdivisio r. shall be constructed - .-~
and maintained atthe expos se of the lot owrer(sl whose lot(s)
are being served by a particular driveway or private road.
f.
• .'•1
.. `t ) l ~ .
En: ,r ~ r -..,
!. Fn:on: ^r•_nr. ;vt inns. The ..: :..^.i':=crur:,l G.:r-•i tte•: ..hall
.: n.... •!'.e ri~aht [1~ ore _.:ut ..:.~~ .. .:on .~ •m [urea ._. rov.': icr:::
.. 1C(t ...1 _. lD.i:C `i. .L n.. .. _ !::e !•l:P ~y tCht^ •h,,
.•~•R•5ubdi. :io(,. in ~r!ditiun, __.... 'ar~._ o: '. ~n:i ._[hin c~.
Cne~k :;ubdivi::ior., tncluo_~q ... _::cek tiubdl•^. sic:: 3omccwuers'
.\s soc iction, sball h.n•u the tinter '_u prosecute .Iny action `_ur
i:: unct iv,e rrlicf and for ~.!amago; ,f reason of tn'; .:u Lst ion Of
r;^e5e ~(~,~.:na^ts. T^e pr..cai:ir.t :.-rt}' in ~n•.• .e~`o r:_nc r.t action
s!la'. .' be .•_ir'__ in ,r: _.'lr: .. 1:' rc•;srnab le vsts nrd
i
.f
k
:•
t
::
~..~;•
'0',5
2. Limitations on actions. .n tilt cant ar,v .onstruction.
or a!tcrat wr, or ta~ds~~ui::y work .: cor..me aced aoe- lr.y of the
!a: ds :~ '..a Cheek Subd'_:isio:: ?:. .iciaticn of the=? cr,venar.ts
;rid no action Is ,:omr..e need wi'h y': days theruaf'xr to restrain
su•_h •. i^1~tior., then iaju.^.ctiarz rc eouitable relic; steal: be
_.:cl•_d, y'.>at ar. i,a ion fOr danaq._s shall eti11 be ace t'..able to and
part; aggr ieved. TF.is 90 day __-:tat ion steal' r.ec apply to
.^~unc uvr cr ~cuitabie relic: aka int :ther violaCians of tht .?
cc•.-..^.a^ts, nor ,ha 11 it apply '_ c.`.c arovi~'ions c` pa ragraoh ~ of
:1r`.... b:...
c,omrr`~ r };'y
~~unc_a! P=c-'is ions
Covenants to Run_. A11 _. the .caen In*_s .'..^.ta in~d in
hisinstrument sn~l' '.: •: ~ burde- or, rile title to a1i of the
car.cs ir: il,a _...cY. __^•?~v+sion, a-d '_he benefits thereof shall
i.^.c rc co '.he Owners of the L3n~~s :. itc Cheek Sul..;.. _~. _.nd ":e
bonefi.t; and burdens of all said = .a^ants shall run with the
u tle to .+11 of the lands in the C:-r'~`k Subdivision.
2 Termination of Covenants. The covenants contained in
this ins trumer't stall terminate .7xnua ry 1, 2012, or at the time
of final dissrlution of Che Colorado corporation not for profit
%ncwn as the Cheek Subdivision Ha Downers' Association, whichever
date shall first occur. £f feet ive November 4, 1985, or at such
time as Jchn H. Cheek, Jr. has sc ld at least three (3) of [he
lots in the subdivi=ion, whichever she 11 first occur, these
covenants may be amended by a vote of three-fourths of the cotes
entitled to be ~aet by the members o` the Cheek Subdivision
homeowners' Association, said vote to be cast at ameeting o` the
meabers duly he lJ nu. more than six months before and not more
roan six menths a2cer said uate, provided a properly certified
copy of the resc!u[ion of amendment be placed On record in Pi.tkin
Ccur.ty, Colorado, rut more t.ha^ six months after nald date.
3. Severabilit~•. Should ary part or parts of these
roven.,nts be d?elated invilid rr ~^anforce~b Le by any court o°
coapet^nt jurisdiction, such dec'_sion shall not affect the
validity of the tame fining covenan-s.
-0. Paragraph headings. The pare^raph headings in this
instrument arc for convenience only .and shall not be construed to
be a part o` the covenants contained herein.
..._ _ _. q _ .. _._.. ... _,:.__._
y,..i rr.
{~{
t~
t
i
~ ~ ~•
I
_..' Y•J {
;N W(TNc 'S WHF.REgF, tF.BSn Pru[rrt iv•_ Cotenants of the Chcak
Subdivisi.~m have been exrcuted a~ of the d.3y and year firs:. above
writLw,.
I ~) ~ ~, ~~~ ~,
~ ,~~/' r i
/ Y J~. _
J/CCfF. H, `.iR~
ST:.TC. OF Pitkin ~
s;:.
COUNTY OF Co lortdo 1
i -
~~, .. -.. r~nw la,lge:d, subsr,ribed and s~.oor-~ to before m~~ t. t.is 17th
i ~:av of Drrcmbcr _. ___._ 196 2, by JOHN II. CREEK, JR. --
'.:iti:~•>s ^•, ...~:~~1 and official sea'.
Hq ror.,r.~c..e ion :•xnir~rs: July 7, I9S4
•.;y ~~.?r+., .... _ ia: 611 taest Main Str•: ,.t
.,r;pen, CO Blbll
oois
C \e,\u T~~~,~6 J ~_
r i /. yl. ~ I ~~ .i
~lll1 ~`\~. Vu td C)' Ub 11C_
J
a
I
1
_. _. _ _L -_ to _ :.:__'..
K'_A
M
2
i
....., .
- - ---
-_ _.
.3
,:;''
~: , :~•'
_ ... ~.
r~an!nr "I"
~~ 1 t'i't
...
~~tn rr;r rnw :,;ar.: nr~l rufrt: ~ !nucu;l~r::
• .1 rr.irt eC Ir•J ~... t tF... •..,rrS '. ..~..i .. .. ,n I:, n•d ;~t
[!r• 9..,r:h '. ^t .... ~,r r., ~: [ c..: [ S•n I . r^ I ... r rr ti ,..'!:. ~.r°:,r ,
.,, oC t!ir ~..th I'.'!.. P :tM is ...^r t' rr'~. _.. .~:!!. „ .: ri'•. !
~ .C S.. n,e 5 .1 +. ~• ,
. .. ~. .. I ,'.n
"
I ..
i
.. - ~.
r
.
I
i : r. .. ., , _ ..,, ..
_.. rte ~ i^,7~' I t.. .; t
y :hence y 5+°Gii' yt0. ;d fact :o cL., ~o.~ca .,r ~f ~.
r~
• 1. ~aby C~'r, ...
TF.rn-a S i~°Ou' E "i.91. ..
21 .: ..ti' °•
f,•c[ Cc ' •-r r' ::0. ':;t I'I tccr;
?h~:oce S E7'l9' E :17.]7 fret R' [!••~ I'~.`inc c' =•gum r.p
Ceuu V~ of Pitk i~, Sta:e " " Col. ;a:0.
h
L
/ ~ \4
x7891. l
~~
~~
\~ S
\~_
19\00\\
\ \\
S 5go00'
`~~ ~ 397.95 ~
/ ~~ ~_ ~
I/ I0
\ ~//(~
--~
~~~\ -
x 7858 .4
~~-~ ~3So
~_
~~ x 7863.5
~_ ~ _~'q
r
520~8~ x7884.6
"W\~
\_
~_
\~ ~_ 7875-
,_
~ Nq3, 96
~` /2'00.,
~ i ~ ~ ~ K'
'~ ,, '~~ Z\ V ~ ~_ --
~c- _ ~ y~~~ ~ ~~
\.,_ 1 '~
3
0
0
0
0
0
N
N39o ~/.0 v~
04 n_..4
,,,,,,~~ `785p-~ 1
.. . +iG' ~~:: F:N ST EIN
LAW OFFICES
GIDEON I. KAUFMAN
sox rooel
B;t WES? n+A!N STR cT
ASPEN. COLORADO 87811
July 21, 1981
Richard Grice
Assistant Planner
:seen/Pitkin Plannin Office
i.3U South Galena Street
<'1~pen, Colorado 81611
P.e: Cheek Subdivision GMP Submission - 1981
Dear Richard,
I write this letter in response to your letter of
~,~ly 10 , 1981.
T ELEPMONE
AREA CODE 303
325-8166
Please be aware that my client, in his applica*_ion, is
w:,reeirg to deed restrict against further subdivision. By
this agreement, he is untitled to the bonus points for density
reduction as well as open space points.
If you Gave any further questions on this matter, please
feel free to contact me. Otherwise, I expect that the appropriate
points will be allocated.
I regard to your second question on eaater resources,
I reed to ascertain two (2} points before I can respond to your
question and my client is out of the country.
1. Flhat water rights does he have?
2. Are the water rights he does have being presently
applied to any beneficial use?
As soon as these points are clarified, I will contact you.
If I can be of any other help in processing our GMP applicatior:,
ulease contact me.
Very truly yours,
LAW OFFICES OF GIDEOi] I. KAUFMAN,
a Professional Corporation
"; ~ j
By~~ ,~.,~ __
Gideon Kau man
GK kw
~.
Aspen/Pitkin Planning Office
130 south galena
aspen, Colorado
• July 10, 1981
street
81611
Gideon Y.aufman
Attorney at Law
611 lJest Main Street
Aspen, Colorado 81611
Re: Cheek Subdivision GMP Submission - 1981
Dear Gideon:
We are in the process of evaluating the referenced subdivision for
the purpose of developing the Planning Office's recommended scoring. In
that regard, we need some clarification regarding the following:
1. Under II. B., Water Resources, your submission states that "the
PUD will not reduce or pollute ground water or surface water re-
sources because the homesites will be served by the Aspen Metro
District." Section 5-107.4 of the Pitkin County Land Use Code
requires dedication to Pitkin County of ail or part of surface
water rights which are no longer applied to any beneficial use
(whether for domes tic, irrigation or recreational) on the lands
to be improved. 41hat water rights does this property own, to what
beneficial use are they applied, and what water rights will be
dedicated to Pitkin County?
2. Under II. C., Open Space, your submittal indicates that "there
will be thirty-five percent (35io) reduction in allowed density
thus preserving significant open space." L'ces your statement
mean that you will deed restrict against any further subdivision?
Your prompt attention to this matter will enable us to conplete our
recommendations in the most equitable manner.
Thank you.
S c~,rely o s, ,
. ~AM~.
i chard JI. Gri ce
Assistant Planner
RHG/jlw
r ~ ~~.r. ~~~ ~~
~~s~((~
~~ ~ ~o
RICHARD D. LAMM *~ * JOHN W. ROLD
GOVERNOR #* ** DIIBCSOI
gq6
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING - 1313 SHER MAN STREEI~ ;,lti~n~t~~r~ 7
DENY ER, COLORADO 80203 PHONE (303)7-$8~1 866 2~'T~i_,;__ y,: ~: ~`~ ~ ~ ~ ~.
C, ", .
~,I~ ~9~ 1 ;1981 ~!
July 7, 1981 ASpFN / PiTKIN CO. s
Mr. Richard Gri ce PLi;NNiNG OFFICE ~
Aspen/Pitkin Planning Office
13U South Galena St.
Aspen, CO 81611
Dear Mr. Grice:
RE: CHEEK SUBDIVISION
If the recommendations of Nick Lampiris are followed, we have no objection to
approval of this application.
RE: ASPEN RACQUET CLUB SUBDIVISION
We have no objection to the approval of this application.
Yours truly,
a~~ ~~`
Jef rey yn
Engineering Geologist
It
cc: LUC
GEOLOGY
STORY OF THE PAST ...KEY TO THE FUTURE
~, r
~ritA-~;1 Dy coo '".`~y-`~~
~ 9d
F~~ ~ ~
. *#* JOHN W.@D
RICHARD D. LAMM - **" a OI~~~
GOV[NN0~1 ~ Te
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
7165TATE CENTENNIAL BUILDING - 1313 SHERMAN STREET ~~'""!~r'1['7 Y , i-~J
DENVER, CO LORAD080203 PHONE (3031k93r88371 866~,2t5:1~1_,;~: ~ ~~. ~~ ~`'' r"-'
11 t'~
I ;~'U~ 1 ~ i581 l1
July 7, 1981 ASPEN / PITKIN CO. :
` PLKNNING OFFICE i
Mr. Richard Grice
Aspen/Pitkin Planning Office
130 South Galena St. -
Aspen, CO 81611
Dear Mr. Grice:
RE: CHEEK SUBDIVISION
If the recommendations of Nick Lampiris are followed, we have no objection to
approval of this application.
RE: ASPEN RACQUET CLUB SUBDIVISION '
Ne have no objection to the approval of this application,
Yours truly, ~'
~~' %~
Jef rey y
Engineering Geologist
It
cc: LUC
GEOLOGY
crnov nF rHE PAST ...KEY TO THE FUTURE
APPLICATION FOR DEVELOPMENT ALLOTMENT
CHEEK SUBDIVISION
June 1, 1981
SUBMITTED T0: Pitkin County Planning Department
130 South Galena Street
Aspen, Colorado 81611
925-2020
APPLICANT: Mr. John H. Cheek, Jr.
0421 Willoughby Way
Aspen, Colorado 81611
PROJECT MANAGER: Mr. Gideon Kaufman
Attorney at Law
611 West Main Street
Aspen, Colorado 81611
TABLE OF CONTENTS
Land Use Application Form
Application Summary
Site Vicinity
Existing Conditions/PUD Plan
Growth Management Plan Criteria
EXHIBITS
A. Legal Description, Certificate of Title, List
of Ad3acent Land Owners
B. PUD Plan Drawing - (to scale)
C. Letter from Nick Lampiris
MAPS
1. Vicinity Map
2. Existing Conditions
3. PUD Plan - Lot Summary
PAGE
I
1
3
4
6
.'~
APPENDIX H
_... _ .._ . _._~t,
• PITSIN CO'~NTY
ti
' "K°~~~`. LAND USE APPLICATION FORM
PROJECT NUMBER
Section/Pazcel
DATE SUBMITTED
TO BE COMPLETER 8Y APPLICANT:
NAME John H. Cheek Jr. •
•
ADDRESS Clonmel Aoad Nashville TN 37220
PHONE (615) 269-4771
NAME OF PROJECT CHEE}C SUBDIVISION
PROJECT LOCATION: (On attached sheet, locate on zoning map, showing boundaries
of any natural hazard and resource areas, any other special
Pitkin Green zequlatozy districts, Section 5, Land Use Code; and locate
• oII appropriate CSU/ERA Maps any areas not covered by tt:a
' .above.)
TOTAL AREA 10.7 acres
EXISTING USE(S) unsubdivided property containine annlicant's exist inE hnma
PROPOSED USE(S) pUD Subdivision containing a total of five (5) lots, four (4) new lots and
(approximate square one (1) lot for the existing house.
footage for each) Lot 1=60 984 sg. ft. Lot 2=60,984 so. ft.. Lot 3=69.696 sa. ft.,
Lot 4=196 020 sq. ft.,.Lot 5=78,408 sq, ft.
PRESENT ZCNING OF SITE R-3b
DESCRIFTION OF LAND USE PROPOSAipyD subdivision containinea total of five (5) lots,
four (4) new lots and one (1) lot for the existin¢ house.
TO BE COMPLETED BY THE PLANNING OFFICE f~~--11
TYPE OF APPLICATION': REZONING ~.x~ SUBDIVISION
P.U.D. ~ B EXEMPTION
g SPECIAL REVIEW 35-acre + SUBDIVISION
BUILDING PERMIT REVIEW
REVIEW PHASE: PRE-APPLICATION .~~, ~1, DATE COMPLETED
GE[~RAL SUBMISSION c P.C. ACTION DATE
BOARD ACTION DATE
DETAILED SUBMISSION Y.C. ACTION OATE
' BOARb ACTION DATE
FINAL PLAT BOARD ACTION DATE
`"~.. Appendix B
• PI?KIN COUNTY LAND USE•APPLICATION FORH
~,,? 1
SDMMARY OF FINDI[JGS RE()CIIRED BY REVIEW PFFASE
• Directions: Any applicant for a development requiring a permit under
this code shall be responsible for showing conformance with any applicable
policies of Section 2 as listed below. The applicant shall submit those
requirements necessary to show conformance with these policies and the
selated general regulations of Section 5. Upon submission of the applica-
tion and all submission contents, the Planning Office shall distribute
•_ same to appropriate referral agencies which shall indicate its certifica-
tion or non-certification of the proposal as being in conformance with
policies and as satisfying submission requirements and review guidelines
of releQant general regulations. Referral agencies shall also indicate
whether further study in a later review phase is required and any further
• recommendations or conditions, attaching comments and returning sane to
the Planning Office.
OCAL REVIEW- CERTIFICATION ~COWZTIC.JS
STUDY REQUIRED POLICY FACTOR NG STAFF YES NO AND
INITIALS DATE RECOMMENDA-
.. TIONS
1. PA GS DS FP* Not inconsistent Planning
frith Master Pla Office
_ _ ._. Rate of Crowth
2. -
3.
Hazard b Re
dreas
Geologic"
Hazards
Floodplains
Riparian
Areas
Hildlife
1.`ild f ire
Badiation
Eatraetable
Sesourees
Hineral
Vegetable
Othes
Planning
Office
County Ex-
tension
Agent
Planning
Office
I
• PA ~ Pre-Application DS a Detalled Si
CS ~ General Submission FY ~ Final Plac
~- Appondix 8 .
PITKIN COUNTY LAND USE APPLICATION FORH
tl;~~~ ~.
STUDY REQDIRED POLICY FACTOR LOCAL REVIEW- CERTIFICATION CONDITIONS
ING STAFF YES NO AND
INITIALS DATE RECOMMENDA-
TIONS
4. PA GS DS FP Agricultural Planning
Coaservation Office
/
S. Seenic Planning
_ _ _
_ Quality Office
6. _~ Water Supply Environ-
_ _ _ mental
Health
/
7. ` Sewage Dis- Environ-
_ _ _ posal mental
Health
8. Noise Environ-
_ _ mental
Health
9.
~ Ait Quality Environ-
_ _ _ mental
Health
0. Historic/ Historical
_ _ _ _ Archaeological Society
Resources
' ~ .1 - _.. . _ _ APp. B ~ ~
Appendix B ~;
1 T&IN COUNTY LAND USE APPLICATION FORH ,
~~ ,
POLICY FACTOR LOCAL REVIEW-
STUDY REQUIjiED ING STAFF
pA-~S DS ~ mad/Trails County Engin-
a ,~
yl. ~/ - -" - Design 6 Con- eer ,
' atruction
Impact on
Road system
Maintenance
• provisions
Drainage County
12. _, _ _ _. Engineer
Impact on County
13. '- -" - - Transportation Engineer
CERTIFICIATION CONDITIONS }
YES NO AND ~„~,.
INITIALS DATE RECO~CIENDA-
TIONS
' Impact on Public
' Planning Office
14. _ _. .
'- Facilities/
Services
Solid Waste County Engin-
Disposal 6 ineer
' Collection
Fire 6 Police f
S
Protection, Dist.
Fire
Response
Service
Sanitary County
Land Fills Engineer
Hospital Hosptial
Capacity Board
Library Sub- Library
station Site Board
' Yost Office Postal
• Substation Service
Site
r
,_ ~. _'.
'~• Appendix B
PITKIN COUNTY LANII USE APPLICATION FORM
~,
{,
STUDY REQUIRED POLICY FACTOR LOCAL REVIEW- CERTIFICATION CONDITIONS
INC STAFF YES NO AND
INITIAL DATE RECOCQ~SENDA-
' TIONS
p~-~ DS FP
// E~ttension of Rocky Mt.
_
_ _ _ utilities, Natural Gas
Qater and Aspen/Holy
sewer Cross Electric
- •Mountain Bell
Municipal Water
b Sauter Dist s
`
Public shops, ~ _~
County
• garages, yards Manager,
Becreation Sites City Recreation
Director
R General Tax Cost/ County Finance
Benefit Officer
15. ~ Contribution to Housing
_ _ _ Housing Stock Coordinator
16. Mau-made Hazards/ .Building ~9~'
_ _ _ _ Safety Official
17. Aildlife Colo.Div. of
_ _ _ _
. Preservation Wildlife
. ~ •
18. _ _ _ _ Energy Building '~~.J
Conservation, Official ~~~~
a,a
19. _ _ _ .~ pater Resources District Water
Impact Court
2~• ,_, _ _ Final Plat County Engineer,
_
• Contents Attorney,Plan-
Wing Office
APPLICATION SUMMARY
This application seeks a development allotment for a
five (5) lot Planned Unit Development (PUD) subdivision of
the property described on Exhibit "A" attached hereto. The
subject property contains 10.7 acres, more or less and is
located in Pitkin Green and zoned R-30. The proposed PUD
r consists of four (4) duplex lots, allowed by special review
p in the R-30 zone, and a fifth fathering lot for Mr. and Mrs.
Cheek's existing dwelling. The four (4) new lots will each
contain a free-market unit and an attached low income employee
unit. Two (2) low income units will be two bedroom units of
between seven hundred (700) and eight hundred (800) square
feet in size and two (2) will be three bedrooms units of at
least one thousand (1,000) square feet. All four (4) low
income units will be restricted to the low income guidelines
promulgated by the Pitkin County Housing Authority.
The present R-30 zoning of the property allows for
fifteen (15) units for the property; the applicant, being
sensitive to the nature of the surrounding neighborhood
proposes to significantly reduce the allowed development
density to insure compatibility with the Pitkin Green neighborhood.
Access to the property is from Willoughby Way, which is
flat, with good sun exposure and easily travelled year
round. Willoughby Way is below the steep gradient portions
of Red Mountain Road. The property is located in the Aspen
Metro District and will connect to the District's existing
' water and sewer lines adjoining the property. The applicant's
existing dwelling is presently serviced by the District.
-1-
APPLICATION SUMMARY
The applicant, Mr. John H. Cheek, Jr., a long time
resident of twenty-five (25) years, wishes to highlight the
previous gifts he has made for the benefit of all Red Mountain
area residents. A few years ago Mr. Cheek granted, at no
charge, a water and sewer easement through his property so
the Metro District could upgrade service to Red Mountain.
This easement bisects the center of the subject property and
w contains existing water and sewer lines. Prior to the
granting of the water and sewer easement, Mr. Cheek granted
to the County, at no expense, the right-of-way for Willoughby
Way through his property. The grant of the right-of-way for
Willoughby Way allowed the road to be constructed to county
road standards. These previous gifts made to the community
point out Mr. Cheek's generosity and good neighborliness and
indicate that any further development of Mr. Cheek's property
will be made in the same spirit of community and consideration
for the common good.
The applicant's proposed development will create no
adverse visual impact and is designed to preserve significant
open space. The location is appropriate far the proposed
development as it is already surrounded by a developed
neighborhood and is within close proximity to the town of
Aspen. The homesites in the proposed development are advantageously
situated to utilize the property's southern exposure for
solar design and energy conservation.
-2-
SITE VICINITY
As shown on the Vicinity Map on the following page,
the property is located approximately mid-way along
Willoughby Way in the Pitkin Green neighborhood, approximately
one mile from the Hotel Jerome. Willoughby Way, the collector
road for Pitkin Green, provides convenient access to the
property below the steep gradient portions of Red Mountain
Road.
The property is located in the following mill levy
districts: Aspen School; Aspen Fire Protection; Aspen
Metro Sanitation; and, Aspen Valley Hospital.
-3-
~_ ~~.~ ~
o,„ ~ . ~~
as `'-- ~~
~~ ~~
~" - '~
T \ ~~
`~
c
P
....,
\\ a c
- ~ Chi a
,~ ~ .4~
` w ~b^R%' ~~~~ o
w ti
U ~ ~ ~~ ~~~~DF _iRAiL - ~
~~ _ ~ ~ /
2~+ ~ - ~ ~ ~ ® p ~(\
/ ~ "~J
~Y.
~ \~~ -
~ ~
i 0 - `\~ ~
„y \1 \
~....3.,e rrw.u~`' i~ ~ o-
C~ O O O^ LAKE ~ ~ I~
~l
C '~, : ~ o` ~~~ 0 bra ~~ ,>, ~~
/~o°o°o°o ,,
~„ r -.,oa~o ~o 00
~o°~ob`~~o 0 0 '~
1 I Q j\o ~~F o80°~ 'm~T
~Qooo°O ~o 0
„'',,, ~M~~~o 00 0
~ `~' 3 of ~~Q~
„,
~ '%~ ~~\ ~~ O ~ ~~ ~
e. ~~V of ° ~o~c
lt~l
u~
~. ~` ~~~
~ ~ \ \~`i
it _:`~ ~ '_ ; X .. ;~~ :;z
y~y J
O ~li 4
~T~~ J (Cf
,~ V ~ i ~ l ~Q
\~ r
11\
I
11v, S~
\`4~.
\<
F
- \\
P
~ Q ~, ~.
~
~ ~
\~;
II"
,~
i
EXISTING CONDITIONS/PUD PLAN
The Existing Conditions and PUD Plan for the property
" are shown on the drawings on the following pages. A "scale"
drawing of the PUD Plan is included as attached Exhibit "B"
a for technical reference.
As shown on the Existing Conditions drawing, the front
portion of the property along Willoughby Way is generally
flat and open, while the back portion of the property is a
sloping hillside covered with sage brush and scrub oak. The
main improvement on the property is Mr. and Mrs. Cheek's
" existing dwelling, built in 1956. Another existing structure
on the property is the old shed-stable building in front of
the house along Willoughby Way. This old shed-stable building
_ would not be considered by many area residents to be a
scenic benefit and applicant proposes to remove the structure
and relandscape that location so as to improve the scenic
~ quality of the area. The other noteworthy visual feature of
the property is a twenty-five (25) foot high knoll located
at the western boundary of the property.
As shown on the PUD Plan drawing, the over-riding
« objective of the plan has been to reduce the density of the
„ property for a compatible fit with the neighborhood. The R-
30 zoning of the property allows for fifteen (15) units
within a minimum lot size of Thirty Thousand (30,000) square
feet. As shown below, the proposed five (5) lots are considerably
larger than the Thirty Thousand (30,000) square foot minimum lot
size.
Lot 1 1.4 acres=60,984 square feet
Lot 2 1.4 acres=60,984 square feet
Lot 3 1.6 acres=69,696 square feet
Lot 4 4.5 acres=196,020 square feet (existing house)
" Lot 5 1.8 acres=78,408 square feet
By comparison, the above lots are also much larger than the
surrounding Pitkin Green lots which generally range from
30,000 to 40,000 square feet.
-4-
All of the homesites are located to
PUD will have no adverse scenic impact.
have been tucked into the hillside along
~~ property while the fourth homesite is to
e of the knoll. These locations offer the
advantages:
insure the proposed
Three (3) homesites
the back of the
cked into the backside
following design
1) Having the north side of the homesites tucked
into the insulating hillside and the south side exposed
allows for incorporation of solar design and energy
conservation.
2) The visibility of the homesites from Willoughby
Way and the existing homes located above the hill is
kept to an absolute minimum by tucking the homesites
into the hillside along the back of the property and
into the side of the knoll.
3) The location of the building sites preserves
a large open commons in front of Lots 1, 2 and 3, preserving
_ visually important open space along Willoughby Way.
The large open space commons will also reinforce the
minimum visual impact of the homesites.
The PUD Plan is designed to preserve and enhance the scenic
quality not only of the property, but also the surrounding neighbor-
_ hood in the aforementioned ways.
A major scenic improvement of the proposed PUD will be
the removal of the existing shed-stable building along
v Willoughby Way and the consequent landscaping at that
location. This will do much to upgrade the attractiveness of
the neighborhood.
The homesites will be accessed by the driveways delineated
on the plan. Only one new driveway cut will be required
y from Willoughby Way The present two (2) driveways servicing
the existing house will be shared by three (3) of the new
m homesites. The applicant proposes to realign and upgrade the
present driveways to improve their grade and entrance/exit
visibility for safer connection with Willoughby Way.
-S-
~~
~~
8_~}
r
~/ ~ O
v .
3
;~
Q
J
0..
O
as
Y
W
W
U
® L
O
1~"
~~~
~~o
~~~~~
~~~®~
~~~~~
,,,,~
.~Kxv
V
s
Q
O
N
81
f ~ O
.Y Q
r
O
J
0
w
w
U
GROWTH MANAGEMENT PLAN CRITERIA
I. AVAILABILITY OF PUBLIC AND PRIVATE FACILITIES
A. Water.
~, The evaluation criteria is the public system's ability
to supply water to the development without systems
extensions beyond those normally installed by the
" developer, and without treatment plant or other facility
upgrading.
The homesites will be serviced by the Aspen Metro
District. The applicant previously granted the utility
f' easement across his property for the benefit of the Metro
District. By granting the easement to the District, the
°~ applicant improved the water service for this project and
w also for all the existing and future homes in the area.
Based on a preliminary conversation with Jim Markalunas,
the Metro District has sufficient capacity to service the
estimated water demand of the proposed development. The
homesites will connect into the new service line to be
constructed along Willoughby Way. The nearest transmission
~' main is actually located on the subject property. The Metro
District will be able to supply water to the proposed development
without system extensions beyond those normally installed by
developer and without treatment plant or other facility
~, upgrading. The Aspen Metro District is a reliable water
supply system.
B. Sewer.
The evaluation criteria is the public system's capacity
' to serve the development without system extensions
beyond those normally installed by the developer
and without treatment plant or other facility upgrading.
The homesites will be serviced by the Aspen Metro
y District. The applicant previously granted the utility easement
across his property for the benefit of the Metro District. By
_6_
granting the easement to the District, the applicant improved
the sanitary service for this project and also for all the
existing and future homes in the area. Based on a preliminary
conversation with Heiko Kuhn, the District has sufficient capacity
available to service the expected demand of the proposed
development. The Metro District will be able to serve the
proposed development without system extensions beyond those
normally installed by the developer and without treatment
plant or other facility upgrading. The nearest transmission
main is actually located on the applicant's property.
C. Storm Drainage.
The evaluation criteria is the capacity of the drainage
facilities to adequately dispose of the surface
runoff of the proposed development without system
extensions beyond those normally installed by the
developer.
d The proposed low density PUD will create minimal, if
any, surface runoff. Any surface runoff that is created
will be retained, if retention is necessary, on site in
retention areas or dry wells, or will be directed into the
A roadway drainage channels designed to county standards.
Because the proposed PUD has been designed to preserve 90-
95~ open space it will have no or minimal effect on storm
drainage. Thus, should it become necessary to install any
drainage facilities, those installed will adequately dispose
y of the surface runoff of the proposed development without
system extensions beyond those normally installed by the
developer. It is anticipated, however, all surface water
will be absorbed on site by natural ground absorption.
D. Fire Protection.
The evaluation criteria is the ability of the appropriate
_ Fire Protection District to provide fire protection
according to the established response standards of the
district without the necessity of establishing a new
station or requiring addition of equipment or personnel
or capital improvements.
-7-
The subject property is located in the Aspen Fire
Protection District and will be serviced by the District.
An existing hydrant is located within 300 feet of homesites
1, 2, 3 and 4. The applicant will install a new second
hydrant within 200 feet of homesites 4 and 5. The new
hydrant in front of Lot 5 will be the first hydrant along
Willoughby Way and will greatly improve the fire protection
for the existing homes to the east of the hydrant. Response
time for the fire department is as quick as for any other
development in the County. The proposed development is only
1.2 miles from the fire station and its average response
time is two minutes, well within established response standards.
Fire protection access to the property is readily
available from Willoughby Way which is flat, well paved,
easily navigable and located below the steep portions of Red
Mountain Road. All driveways in the proposed development
M will be paved and have under five percent (5%) grades
allowing for simple, easy access to the homes for fire
fighting equipment. The proposed development will not
require the establishment of a new station or the addition
of any equipment or personnel or capital improvements.
All units will be constructed with fire protection in
excess of building code requirements. In addition, smoke
detectors will be furnished throughout for added protection
and all kitchens will be supplied with fire extinguishers.
E. School Systems
The evaluation criteria is the ability of the school
system to accomodate additional students without
extensive busing and additional capital improvements.
The proposed development is in the Aspen School District
and will be serviced by the District. The development is
-8-
a
" 1.1 miles from the elementary schools, 2.8 miles from the
"` middle and high schools, and .5 miles from the existing
-. school bus route. The proposed development will constitute
,~ a negligible increase in school children because some of the
q homesites will probably be used as second homes while some
of the low income units will house families with school age
.~
children. However, because the school age population of the
T Aspen School District is declining, the school system would
probably appreciate any additional students brought into the
system by this development. Thus, the school system will be
able to satisfy the needs of the residents of the development
and will be able to absorb any students resulting from this
development without the school system having to make capital
improvements or add personnel. No change in the busing
routes would be necessary to accomodate the students. In
addition, the project will provide a surplus of mill levy
funds for the school district.
F. Recreational Facilities.
The evaluation criteria is the availability and location
of parks and other recreational facilities and the
ability of public facilities to accomodate additional
users without acquisition of lands or making capital
improvements.
.. The proposed development is very close to the Rio
r Grande Trail and the Rio Grande park area across from the
North Mill Station shopping center. It is also within
walking distance to the parks located within town and the
"" Hunter Creek trail. Furthermore, because of the tremendous
amount of open space in the proposed PUD, residents will
., have recreational amenities available to them on-site. The
existing house already has an adjacent tennis court that
will be available to the other homesites. Because of the
.~
low density of the proposed PUD, the on-site recreational
-9-
opportunities and the proximity to already existing hiking
trails and parks, public facilities will be able to accomodate
any additional users resulting from the proposed development
without the necessity to acquire lands or make capital
improvements.
., G. Police Protection.
The evaluation criteria is the ability of the
Sheriff's Department to provide protection within
reasonable response times without the necessity of
additional facilities, personnel or equipment.
The surrounding Pitkin Green neighborhood is presently
serviced by the Sheriff's Department and the proposed development
will have no impact on the level of existing service. In
addition, the applicant will retain Aspen Security, Inc. to
patrol the area of the proposed PUD. The Sheriff's office
~' is 1.2 miles from the subject property, offering a very
~. quick response time of two minutes, well within established
standards. No additional police personnel will be needed by
reason of the proposed development. No additional facilities
or equipment will be necessary. The year round occupancy of
the low income units will provide additional security for
the proposed development.
H. Road System.
.. The evaluation criteria is the ability of the
public road network to safely provide for the needs
of the proposed development (without the need for
improvements or capital expenditures) at a "c"
,. service level (at a minimum) as such service level is
defined in the Briscoe/Maphis Pitkin County Road Network
•. Analysis.
Because of the low density of the proposed PUD and the
fact that some homeowners in the development will not reside
there year round, the estimated traffic increase on
-10-
~,
adjacent roads resulting from the proposed development will
be negligible. Willoughby Way, a flat, easily traveled,
paved road already serves as the collector road for Pitkin
Green and will serve the proposed PUD. Willoughby Way
connects with Red Mountain Road below any steep gradient
portions and has good sun exposure. Red Mountain Road up to
.. the Willoughby Way turnoff is well paved and easily traveled
all year round. There will be a minimal amount of motor
vehicles used or stationed in the development. The hours of
principal daily usage of adjacent roads, Willoughby Way and
Red Mountain Road, are variable. These roads are primarily used
for suburban purposes, for example, running errands to the
..
store. The private driveways from the homesites off Willoughby
Way will be flat and paved for easy entrance/exit from
Willoughby Way. In fact, the two (2) driveways for the existing
= house will be realigned to improved their entrance/exit
~, visibility. Only one (1) new driveway entrance will be
necessary off Willoughby Way as the other three (3) new
homesites will share the existing driveways.
The proposed PUD is located with convenient access to
daily shopping at the North Mill shopping center and in
town. The public road networks will be able to safely provide
for the needs of the proposed development without the need
for improvements or capital expeditures at a "c" service
level or greater as such service level is defined in the
Briscoe/Maphis Pitkin County Road Network Analysis.
Z. Public and Private Transit Systems.
,~ The evaluation criteria is the ability of the public
and private trail and transportation systems to provide
for the needs of the proposed development without the
need for public improvements or capital expenditures.
-11-
The closest location of public transportation is the
w Silverking complex. The proposed development is very close
to the Rio Grande Trail, the Hunter Creek Trail and to town
_ so pedestrian and bicycle transportation will be maximized.
The proximity to the trails will especially encourage pedestrian
traffic. The public and private trail and transportation
systems will be able to provide for the needs of the proposed
development without the need for public improvements or
capital expenditures.
II. EFFECT UPON THE ENVIRONMENT
A. Air Pollution.
The evaluation criteria is considering the elimination
of fireplaces and unpaved surfaces, use of mass transportation
and other techniques to reduce air pollution.
The Free-Market homes will be limited to one fireplace
per unit in conformance with the County Code while the
employee units will be allowed no fireplaces. Any new
fireplaces will be required to exceed Code performance
standards through the use of individual combustion air
intakes, glass fronts, forced air heat-o-laters and recirculating
heated air.
All driveways will be paved to further reduce air
pollution.
Applicant's removal of the shed-stable and consequent
relandscaping will also reduce dust and eliminate a source
of air pollution.
The proposed development is close to town and hiking
trails both for bicycle and pedestrian access. This, along
with the likelihood of part time occupancy for most of the
proposed development, indicate that the proposed development
will have negligible effect upon air quality and will serve
to reduce air pollution.
-12-
B. Water Resources.
The evaluation criteria is considering the extent to
which the project will reduce and/or pollute surface
and ground water supplies.
The PUD will not reduce or pollute groundwater or
-. surface water resources because the homesites will be serviced
., by the Aspen Metro District. All construction sites will be
revegetated to prevent erosion to insure no impact on water
quality.
C. Open Space.
The evaluation criteria is considering the extent to
which the project preserves usable and desirable
public and private open space.
The PUD represents a thirty five percent (35%) reduction
in allowed density thus preserving significant open space.
In fact, out of the 10.7 total acres of property, only one
half to one acre will actually be covered with buildings and
driveways. Thus ninety to ninety-five percent (90-95~) of
the property will remain in its present state.
As shown on the PUD Plan, the major open space amenity
of the PUD has been to maintain a large open commons area in
front of Lots 1, 2 and 3. The large commons and tucking the
homesites into the hillside insures the PUD will have minimal
visual impact on the surrounding neighborhood. The applicant's
removal of the old shed-stable building and relandscaping of
that area will increase the open space and emphasize the
airy, open quality of the property.
-13-
D. Natural and Man-Made Hazards.
The evaluation criteria is considering the extent to
which the proposed development is free from airport hazards
and natural hazards (including geologic hazards, flooding
steep slopes, unstable soils, snow avalanche and
wildfire hazard areas).
The proposed PUD is within an already developed
area free from any environmental hazards. The homesites are
tucked into the hillside for visual and solar advantages but
m are located outside of any thirty (30) percent slope areas.
The only possible concern might be the Salvation Ditch
which is located above and off of the subject property. In
a 1978 subdivision application, subsequently withdrawn by
the applicant, the Salvation Ditch Company requested the
applicant to include a Hold Harmless Agreement in the lot
sales covenants for protection against potential ditch
overflow. The applicant is willing to include such an
agreement even though the applicant's twenty-five (25) year
old house has never experienced any problems from the ditch.
The new homesites will be designed with uphill side drainage
control to reroute any water away from the homes should the
ditch ever overflow. It is important to note however, the
ditch is not located on the applicant's property, and, in
y the twenty-five (25) years the applicant's house has been on
the property, there has never been any problems from the
ditch.
Site specific soils foundation reports will be provided
by the applicant at detailed submission. Nick Lampiris has
made an inspection of the property for the applicant and his
comments are set forth in the letter attached hereto as Exhibit
"C". As the letter indicates, any problems that might occur
can be easily mitigated and applicant is willing to comply with
the suggestions contained in Lampiris' letter.
-14-
E. Visual Vulnerability.
The evaluation criteria is considering the extent to
which the proposal will leave unaltered the
highly visual natural features of the area.
The proposed PUD will upgrade the visual quality of the
neighborhood by removing the old shed-stable building presently
' located along Willoughby Way and landscaping that area. In
the past, neighbors have expressed concern about the visual
impact of the shed, and the applicant is willing to permanently
remove the shed under the proposed PUD.
As previously described, the proposed PUD also represents
a significant density reduction and the homesites have been
tucked into the hillside away from Willoughby Way to prevent
any adverse visual impact. The open front area of the
property is a visual amenity and has been preserved by
placing the three (3) homes only along the hillside edge of
the front area. Any areas which are disturbed as a result
- of any construction or development of the property will be
revegetated.
F. Wildlife Habitat.
The evaluation criteria is considering the extent to
which (including dog control) the project accomodates
wildlife habitat including game winter range, migration
routes, calving areas, water fowl habitat (winter and
summer) and fisheries.
The PUD is part of a developed neighborhood and as such
no wildlife habitats are impacted. CSU Environment and
Resource Maps indicate there is no wildlife habitat on or in
the vicinity of the subject property. The applicant is
willing to place covenants on the property requiring rules
and regulations to be adopted by the homeowners to police
and control dogs which will include a system of mandatory
kenneling, fines and other enforcement measures.
-15-
G. Natural Vegetation.
The evaluation criteria is considering the extent to
which the development will preserve unique natural
vegetation (especially trees) on the development site.
The property has limited vegetation except for the sage
brush and scrub oak on the hillside along the back of the
property. The scattered tree stands away from the hillside
will not be impacted by the homesites. Clearing of scrub
` growth to accomodate building and driveway construction will
be kept to a minimum and stabilization and revegetation of
any areas disturbed will be undertaken. Applicant's proposed
M development will increase the natural vegetation on the
property as the old shed site will be replanted and the new
homesites will have complimentary planting.
III. EFFECT ON ENERGY CONSERVATION.
The evaluation criteria is considering the extent to
which solar heating and thermal insulation measures
are taken (beyond the requirements of the Building
Code).
The property's southern exposure and open site provides
an excellent opportunity to utilize solar energy assistance.
Because of the property's prime solar location, the applicant
will covenant lot sales or applicant construction to an
energy conservation performance standard that will result in
at least a 20% to 25% energy savings above the minimum
requirements of the County's "Energy Conservation and Thermal
n Insulation Standards," Chapter 53, Uniform Building Code.
The two greatest areas for energy conservation are increased
insulation standards and utilizing the sites prime southern
exposure. Individual building design will determine the
most efficient manner to exceed the County's performance
standards. Compliance with the GMP application will require
the homebuilder/architect to provide an energy conservation
report with building permit application.
-16-
Any fireplaces will use external air for combustion
along with a thermostatically controlled damper and be
required to equal or better Code performance standards.
IV. PROVISION OF LOW-AND MODERATE-COST HOUSING.
The evaluation criteria is to what extent each
development will satisfy local need for low-
"° moderate-, and middle-income housing.
Two (2) of the low income housing units on the project
will be restricted by covenant to the two bedroom size and
the other twa (2) will be restricted to three bedroom size.
All low income housing units will be restricted by covenant
w to the low income housing rental guidelines as promulgated
by the Pitkin County Housing Authority. The GMP scoring for
these low-income housing units, as per the provisions of §5-
510.5(a)(2)(D) of the Pitkin County Land Use Code is as
follows:
Four Free Market Units
4.0 people/units = 16.0 people
Two Low Income Housing - Two Bedroom Units
2.7 people/unit = 5.4 people
Two Low Income Housing - Three Bedroom Units
4.0 people/unit = 8.0 people
y Total Residents = 29.4 people
Percentage of Project
Dedicated to Low Income
., Housing = 13.4 = 45.6%
29.4
Points Assigned to
Such Percentage = 12 points
V. LOW COST HOUSING CONSTRUCTION GUARANTY
The evaluation criteria is applicant's guaranty
to construct the proposed low-, moderate-, and middle-
income units within applicant's proposal.
-17-
The applicant guarantees one hundred percent (100%) of the
low-income housing will be constructed. Applicant will
°' build the low-income units himself on lots retained and
developed; covenants will be placed on the land requiring
employee housing to be built concurrent with the free market
units. In the event any lots are sold, the covenants will
require a Certificate of Occupancy to be issued for the low-
income housing unit before the associated free market unit
may be lawfully occupied.
VI. DEVELOPMENT BELOW ALLOWABLE DENSITY.
The evaluation criteria is the amount of development
below the (net) allowable density in the applicable
zone district.
The density reduction calculations as per the provisions
of $5-510.5(a)(2)(D) are as follows:
A. Net Zoning Density
Property size 10.7 acres at 43,560 square feet
equal to 466,092 square feet.
Property zoning RS-30 at 30,000 square feet minimum
lot equal to 30,000 square feet.
NET ALLOWABLE DENSITY 15.5 units
Topographic surveys of the subject property indicate there
is no density reduction caused by excessive slope or any
-- other offset otherwise provided for in the Pitkin County
Land Use Code.
B. Density Reduction
Net allowable density =
,,, PUD Density
a. free market units (4)
b. employee units (4)
c. existing dwelling units (2)
Total
Unit reduction
-n Percentage reduction =
One (1) point far each full
4ti reduction in net allowable
density =
15 units
10 units
5 units
33Y<
8 points
-18-
VII. ASSESSMENT INFORMATION AND MARKETABILITY DISCLOSURE
There have been no building sites available for purchase
w in the Pitkin Green area within the last two (2) years,
Comparable building sites on the Ridge of Red Mountain, Red
Mountain and the West End indicate a price range of between
y one hundred seventy-five thousand dollars ($175,000.00) and
two hundred fifty thousand dollars ($250,000.00),
The most recent prices for the sale of homes in the
area has been between three hundred fifty thousand dollars
($350,000.00) and five hundred fifty thousand
Current new listin dollars ($550,000.00),
gs for homes in the area have ranged from
four hundred ten thousand dollars ($410,000.00) to six
hundred thirty-five thousand dollars ($635,000.00),
The sale price for each of the four (4) new lots is
expected to exceed two hundred fifty thousand dollars ($250,000.00),
VIII, SCHEDULE DEVELOPMENT AND PHASING PLAN
The applicant proposes to go directly to detailed
submission and final plat as soon as a development allotment
is obtained. Because of the small size of the project, no
annual phasing is contemplated, However, actual construction
on the platted homesites could extend over a three (3) year
period.
The applicant anticipates site improvement costs to be
under one hundred thousand dollars ($100,000.00 ,
-19-
STEWART TITLE OF ASPEN, INC.
HEREBY CERTIFIES from a search of the books in this office that the owner of
SEE EXHIBIT A
Situated in the County of Pitkin, State of Colorado, appears to be vested in the
name of
John H. Cheek, Jr.
and that the above described property appears to be subject to the. following:
Deed of Trust from Sohn H. Cheek, Jr., to the Public Trustee of Pitkin County
for the use of Garrett Bromfield Mortgage Company to secure $35,000.00 dated
October 22, 1964 and recorded October 27, 1964 in Book 209 at page 579.
There is an established easement at least thirty (30) feet 1n width for
ingress and egress, and utilities to the property from a public road.
Although we believe the facts stated are true, this Certificate is not to be construe'
as an abstract of title, nor an opinion of title, nor a guaranty of title, and
it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes,
nor will be charged with any financial obligation or liability whatever on any
statement contained herein.
Dated at Aspen, Colorado, this 27th day of May A.D. 1981 at 8:00 A.Pf.
n
ST)ri~1ART~ITL~ 01~ ASP)yN, INC.
,, :, ,
~~
~~
4 ~- ~~
Auth4ra d~gnature
~_
EXHIBIT A
A tract of land situated in the North ~ of the Northeast 'z of Section 12, and in
A the South ~ of the Southeast i of Section 1, all in Township 10 South, Range 85
West of the Sixth P.M., Pitkin County, Colorado, being more fully described as
follows:
Beginning at a point on the Southwesterly right of way of the Salvation Ditch whence
Corner No. 21 of the Brown Placer, U.S.M.S. No. 15047 bears:
N 87°18' W 217.20 feet;
Thence S 46°58' E 218.60 feet;
Thence S 50°33' E 336.00 feet;
Thence S 65°39' E 190.90 feet;
Thence South 219.77 feet;
Thence N 66°00' W 60.00 feet;
Thence N 69°13' W 242.00 feet;
Thence N 81°30' W 150.00 feet;
Thence N 84°38' W 120.00 feet;
Thence N 72°22' W 117.00 feet;
Thence N 56°25' W 192.00 feet;
Thence N 50°00' W 108.00 feet;
Thence N 58°00' W 190.00 feet;
Thence N 39°04' W 136.03 feet;
Thence N 43°12' W 207.96 feet;
Thence N 35°52' W 149.28 feet;
Thence N 64°00' E 230.58 feet to the South line of Tract No. 1, Ruby Option;
Thence S 54°00' E 447.94 feet to Corner No. 21 of said Brown Placer;
ti Thence S 87°18' E 217.20 feet to the Point of Beginning,
County of Pitkin, State of Colorado.
STEWART TITLE OF ASPEN, INC.
HEREBY CERTIFIES from a search of the books in this office that the adjacent owners
of the following described parcel:
SEE EXHIBIT "A"
Situated in the County of Pitkin, State of Colorado, appears to be vested in the
names of:
"' 1. K. BRENT WALDRON AND CONSTANCE K. WALDRON
2. WALTER F. J. MUELLER AND HERTA MUELLER
3. HENRY L. PRICE AND MARY PRICE
4. PHILIP M. HOLSTEIN, JR.
5. MERLE JEAN DULIEN a/k/a LAW
6. JOHN WRIGHT CRONIN AND VIRGINIA R. CRONIN
7. MARY H. DAYTON
8. MARIANNE H. TESCHNER
9. ROBERT N. McCUE
10. PAUL W. DILLION AND RUTH M. DILLION
"' 11. RAY E. DILLION AND BETTY L. DILLION
12. MORTIMER M. DENKER A,*ID DORIS DENKER
13. ASPEN MOUNTAIN PARK, A COLORADO GENERAL PARTNERSHIP
._. 14. FITZHUGH SCOTT, III AND SUSAN SCOTT
15. ANDERL MOLTERER
16. A. RAY LAVENDER AND ROSEMARIE LAVENDER
17. MARVIN JOSEPHSON
18. ALBERT KERN AND SUSAN KERN
The addresses of these adjacent land owners are as listed on
attached Exhibit "B".
Although we believe the facts stated are true, this Certificate is not to be
construed as an abstract of title, nor an opinion of title, nor a guaranty of
title, and it is understood and agreed that Stewart Title of Aspen, Inc. neither
assumes, nor will be charged with any financial obligation or liablility whatever
~, on account of any statement contained herein.
DATED at Aspen, Colorado, this 27th day of May A.D. 1981 at 8:00 A.M.
STEWART TITLE OF; ASPEN, INC.
,i
1
'i
~ ~
v ..
BY
- _ Vic esident
.,
EXHIBIT "B"
b 1. P.O. Box 4949
Aspen, Colorado 81612
2. P.O. Box 2195
Aspen, Colorado 81612
3. 510 Lynmere Road
Bryn Mawr., Pennsylvania 19010
4. P.O. Box 2747
Aspen, Colorado 81612
5. P.O. Box 3556
Aspen, Colorado 81612
6. P.O. Box 620
~, Aspen, Colorado 81612
7. 1305 Country Road 6
Long Lake, Minnesota 55356
8. P.O. Box 3825
Aspen, Colorado 81612
y 9. c/o Fred Hartmann
North Western National Bank
3985 Milwaukee Ave.
Chicago, Illinois 60641
10. 207 Kisiwa Parkway
' Hutchison, Kansas 67501
11. 201 Kisina Parkway
Hutchison, Kansas 67501
12. P.O. Box 1506
Aspen, Colorado 81612
13. P.O. Box 3004
Aspen, Colorado 81612
14. P.O. Box 1815
Aspen, Colorado 81612
15. 520 East Cooper
- Aspen, Colorado 81611
16. P.O. Box 2780
Aspen, Colorado 81612
17. 40 West 57th Street
New York, New York 10019
18. P.O. Sox 389
Aspen, Colorado 81612
i~
I i ~i/I ~i) ~1 ~ 1~1 \I~
1~ Irtll (( ~ II I~,:
I ~~~~' 1 1
I i~ _
I ~ ~ ~~~
I I Ili
I
l i
I I
I I
I ~
I I
~/ I
i
I '
1 ~ i ,i
~/
-/
/ ~~
~/
11
I I ~
I`I
I Y'
1
i ~
I I
I I ..
I I
~ I I ~f
f.`:>" 1
--`~T~' ( I 1 ~
~ \ 1
~I ~i ~\ ~I 1
~ ( ~
/ l = lrt~~ ~ 1 }
i ! !
~ / !/
! I ; - , ~,
I I ` -`.' ~ ~'!
~ ~ ~ /
/ J ~
J -„~'
a
,.., 1 1 ~ t ~~ 1
~ ~ / % ` ~ ~
~ / ~ ~ .. J 1
/ .: ~
,/ ~ // /~ /~ 1 ~.p i f
/ / / ~ c~ ~ .<.' Q I
/ /~ / ~ l
I ~~/11~ hill // I~ l~ ~: ,~
~ ,,:
!I / / ~ /
/ ~ \
~ ~ / / \
~ ~ ~ ~~
i i I ,:'~
., /
I ~ ! ~.
/ I ~ !
1
/ ~
~ rr /
,~ l ~
~ `~
I .. ~
~ ~ ~ ~
~i ~ ~' ~~
/
// ~ , -~f l
I / i 1 ,~~/~i IcD I
I l ~/ l/ l i j ~/ I ~ I
i t l~~ (I I ~ ~ j l
S / ~~ '. / ` 1111\\ \J /
`. ~ ' ~ ~
_o
~7-.
7
.Yi
~ ~~
~~~~
°~ ~~ ~
~i~~~
Q
~ i ~ i
N ~y-,~
a
L
Z
C7
0
0
N
0
O O
.,, o
T ~
Q~ Q
U
~ N- o
Z
Q.
O
~~
L..L.
W
W
~~
Nicholas Lampiris, Ph.D.
CONSULTING OEOL0613T
PO BOX 10935
ASPEN, COLORADO 81611
(303) 925.6020
June 1, 1981
Gideon Kaufman
611 West Main Street
Aspen, Colorado 81611
Re: Cheek Property
Dear Mr. Kaufman:
This letter discusses the suitability for development of
Lots 1 through 5 on the Cheek Property located on Pitkin Green,
Aspen, Colorado. My discussion will center around the influence
of the Salvation Ditch which crosses the hillside above the Cheek
Property in this vicinity (see accompanying map).
The geology of the site consists of the Pennsylvania-Permian
age Maroon Formation which in *_his area dips approximately 30
degrees to the north and is overlain by Quaternary age glacial
moraine of glacier "C" in the vicinity of the hillside and by
Quarternary age glacial-fluvial outwash of glacier "B" in the
flat portions of the tract adjacent to Willoughby Way.
Siltstones and sandstones of the Maroon Formation are well
exposed in portions of the Salvation Ditch above the property.
The Salvation Ditch was walked from one end of the property to
the utility easement and somewhat farther in order to determine
the integrity of the downslope walls of that ditch. Only in one
place was evidence of an old breach discovered and that is just
east of the utility easement shown on the map. It was not clear
whether this was indeed an old breach or if the gully formed in
the steep hillside was derived through water flowing out of a
pipe which protrudes from underneath the ditch in this vicinity.
There was no explanation at this time for this pipe although it
may have something to do with development of property above the
° Salvation Ditch. Everywhere else along this ditch the banks seemed
in good order; however, this is not to say that breaching is
impossible in the future. Certain situations could arise such as
damming of the flow of the ditch either through animal activity
or sloughing into the ditch which could cause overflow of the
ditch onto the banks and subsequent breaching onto the subject
„, property. This is unlikely, especially in view of the periodic
maintenance of the ditch by the ditch operator.
As shown on the accompanying map a minor slide was discovered
on the steep hillside in Lot 5, as proposed, which may have been
caused by leakage from the Salvation Ditch; however, the hillside
Gideon Kaufman
June 1, 1981
Page 2,
in this area is covered with sagebrush which is ordinarily intoler-
able to wet conditions. Evidence associated with this slide
indicates that it happened years ago and may not be related to the
Salvation Ditch at all.
Lots 1, 2, and 3 are sufficiently far removed from the
Salvation Ditch that only ordinary slope mitigation techniques
need be used. Lot 1 which is safely away from the steep hillside
does not require any mitigation techniques. These mitigating
techniques involve the replacement of the toe of the hillside
which is excavated and a retaining wall of sufficient strength
should be built as determined by an engineer, to support the
overlying hillside. This usually means that approximately 4
inches of reinforced concrete needs to be used on the rear wall.
The foundation wall should protrude at Least 3 feet above grade on
these two lots and not contain windows within this 3 foot interval.
Also, prior to construction of the foundation, any loose boulders
on the hillside above the lots should be removed. Lot 4 contains
the existing Cheek house. It seems to be far enough removed
from the hillside to be little affected by any thing but a breach
in the Salvation Ditch directly above this present homesite.
Since this home has been in its present location and has been
unaffected by the Salvation Ditch for almost 30 years, it is my
feeling that _ _ ~ although
an unusual event affecting the Salvation Ditch could affect the
home already there. lies just ~ the. ~'
at the east end of the property and for this reason
for a home on Lot 5 `
French drains should be installed along
t e ear and east an west ends of the house to divert any water
that may be seeping through the permeable glacial material away
from the proposed homesite. Again, loose boulders above the home-
site should be removed prior to construction.
It is my feeling that breaching
unlikely but even if a breach should
are followed, the proposed buildings
affected by such a breach. It is my
as recommended above and checked by
engineer will eliminate any negative
of the Salvation Ditch is
occur, if my suggestions
would not be adversely
opinion that foundations,
a competent structural
effects of this unlikely
Gideon Kaufman
June 1, 1981
Page 3,
event. If there are further questions, please do not hesitate
to contact me.
Sincerely,
.~
Nicholas Lampiris
ASPEN SCHOOL DISTRICT NO. 1
Bo,< 300
Aspen, Colorado 816.11
Ann M. Freers
wpsrintendent of xhools
July 2, 1981
Aspen/Pitkin Planning Office.
130 South Galena Street
Aspen, Colorado 81611
Attn: Richard Grice
Re: Cheek Subdivision - 1981 GMP
Aspen Village Subdivision - 1981 GMP
Star Mesa Subdivision - 1981 GMP
Aspen Racquet Club Subdivision, Filing #i2 - 1981 f,MP
Dear Mr. Grice:
O.P.-~G s Cb~E'bx
y ~3C - fI sin ~!/
Sta., /~11~a-
~-
tal. 303-925-360
~JI _,.._ ,~~I,~r .~ i
t~
lj JLf_ f '^$S 1'U
. t.; ,:
r
We appreciate the opportunity to review the above proposals. The District
does not wish to comment on the merits of the subdivisions, but at the
present time we can accommodate any enrollment increases they might produce.
Sincerely,
Joseph' R.'Tarbet
Executive Director of Business and Operations
JRT/pm
OLY`'CROSS E~~ECTR[C ASSO(,~.~iATION, I NC.
AREA CODE
1301 GRAND AVENUE 303
P. O. DRAWER 250
GLENWOOD SPRINGS, COLORADO 81601
July 2, 1981
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Cheek Subdivision - 1981 GMP
Gentlemen:
945 - 5491
945 - 6056
v
~~ .._ ~L.;~: A. ~ d i
q ~ ~I~
~ ~ I ~~ s ~~~ ' ~ I
,~ _
4 _ ~~
ASPEN / PITKIN CO.
PLANNING OFFICE
In response to the application submitted to your planning commission for
the Cheek Subdivision, Holy Cross Electric maintains that we have exist-
ing overhead power lines not shown on the plat. The approximate location
of these lines is shown on the attached map.
Holy Cross is requesting that a twenty (20) foot wide easement dedication
for the existing overhead power lines be indicated with course and dis-
tance description on the final plat.
Additional power line extensions, or relocation of existing facilities,
if required, are subject to the tariffs, rules and regulations of Holy
Cross Electric Association, Inc., and are dependent upon the completion
of contractual arrangements and easements.
If you desire any further information, please feel free to contact me.
Sincerely,
StaKilig Engineer
JAF`.jlt
INC.
Enclosure
cc: File 90-52
`,
_~ - -,
Lot 2.
`_ -.~.
~\
~`~~
' ~~~~~
1Gl(v~d2o
"~'~ ~~
~'
~ ~, ~ ~ -
¢ ~_~ ~ --
t / ~`_
~~~~ ._-
', .i-l--
-~~-- "`-'~-law
4Vi l l ~~ `~ ~~ W
~./~III
f2eloc~tt'eG(
J-_,
r
T~fi tom--
~, __
-2~~
f~
pitkin county
506 east main street
aspen, Colorado 8'16'1'1
MEMORANDUM
T0: Richard Grice, Planning Office
FROM: Patrick Dobie, County Engineer ~~
DATE: June 26, 1981
RE: Cheek Subdivision G.M.P.
STORM DRAINAGE
The construction of the internal road system and structures will
increase and direct the storm runoff from this subdivision. The
present County road has limited drainage capacity and the addition
of the three proposed access points will impact the road system.
Therefore, I would recommend scoring the application at one point.
On the other hand, if the applicant agrees to construct a ditch
along the upper side of the roadway and install 12" culverts
under the three driveways and one new 12" culvert across the
County road, then I would recommend a 3 point score. In addition,
road entrance permits will be required for each driveway.
ROAD SYSTEM
The access road (Willoughby Way) is paved and presently in good
condition, and I see. no adverse impact from this proposal, and
should score 2 points. Should the applicant agree to donate
additional right-of-way along the southerly side of lot 5 for
future road improvements, then I would recommend scoring three
(3) points for the road system.
PUBLIC AND PRIVATE TRANSIT SYSTEMS
This proposed development is within reasonable walking distance
of stores and service facilities in town. The interconnecting
trail system is adequate, and will lessen the need for auto
dependence or public transportation. Therefore, I think that
this item should be scored at 2 points.
AIR POLLUTION
The applicant has represented that the units will be limited to
the Code requirements of one fireplace (minimal conservation), trails
are accessible (minimal), and that driveways will be paved (standard),
Therefore, I would recommend a score of 1.3 points provided that the
protective covenants of the subdivision require the above. Otherwise,
I would recommend a score of 0.
- ~, -
Memorandum
Cheek Subdivision G.M.P.
June 25, 1981
PAGE TWO
WATER RESOURCES
In order to satisfy the requirements of Section 5-104.7. I recommend
that the applicant convey to Pitkin County all of the water rights
associated with this land and receive 3 points. Otherwise adverse
environmental impacts would arise from forcing the City Water Depart-
ment to acquire new rights from other agricultural sources; a score
of 0 points.
ENERGY CONSERVATION
If the protective covenants are written to require the use of energy
efficient appliances and energy saving devices, then score 2 points;
otherwise score 1 point. The site has excellent solar access and to-
gether with the above if solar designed houses are required, then
score 3 points.
NATURAL AND MANMADE HAZARDS
The presence of the Salvation Ditch poses a manmade hazard on this site.
I would recommend a score of 3 points if arrangements are made with this
ditch company to mitigate this hazard; otherwise, score 1 point.
pitkin county
506 east main street
aspen, Colorado 81611
MEMORAPlDUM
T0: Richard Grice, Planning Office
FROM: Jim Hamilton, Pitkin County Housing Direct
DATE: June 23, 1981
RE: Cheek Subdivision
I have reviewed the Cheek Subdivision application and have found it
to be in compliance with the housing provisions of the Code.
Approval of the application should be contingent upon execution
of the provisions found on page 18, first paragraph.
Additionally, the applicant should be aware that employee units
developed under the G.M.P. approval process become part of the
employee housing inventory maintained by the housing office.
These units may not be left empty intentionally. The subsequent
owners of the free market units will, in all cases, be given
every opportunity and consideration in filling the employee
units with qualified applicants. However, if the free market
owners are unable to fill the employee units, the housing office
will, if need be, market the units.
ASPEN*PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
MEMORANDUM
TO: Richard Grice, Planning Office C~
FROM: Tom Dunlop, Director of Environmental Health `73 D
DATE: June 18, 1981
RE: Cheek Subdivision - 1981 G.M.P.
The following comments and recommended scores reflect the review of this
office for the above-referenced application.
WATER SUPPLY
Service to the lots by the City of Aspen water distribution system is in
conformance with policies of this office. This is a standard acceptable
level of service which may be given a score of 2.
SEWAGE DISPOSAL
Service to the lots by the Aspen Metro Sanitation District is in agreement
with policies of this office. Since no adverse impacts or benefits will be
realized at the waste treatment plant, a score of 2 would be appropriate.
NOISE
There should be no adverse noise impacts on the community based on this
submittal. Any construction-generated noise will be for a short duration
and is addressed in appropriate ordinances. If a score is necessary in
this category a 2 would be recommended.
AIR QUALITY
The fireplace units prescribed for the dwellings are proposed to be designed
according to County standards which is in agreement with policies of this
office. Paved driveways are also proposed which, with the fireplace design,
a score of 2 would be recommended.
130 South Galena Street Aspen, Colorado 8'161'1 303/925-2020
ASPEN WATER DEPARTMENT
MEMORANDUM
T0: PLANNING OFFICE-RICHARD GRICE
FROM: JIM MARKALUNAS
SUBJECT: CHEEK SUBDIVISION-1981 GMP
DATE: JUNE 16, 1981
As stated in the application, water would be available upon application and payment
of the necessary tap permits to those lots abutting the proposed water main in
Willoughby Way. However, it should be pointed out that until the main is actually
constructed in Willoughby Way, water cannot be made available to the proposed lots.
It was noted by the applicant that he granted the City a water line easement.
However, it should also be noted that this water line easement was in exchange
for a tap off the transmission main. This was an exception to Water Department
policy. We normally allow taps off our distribution mains only.
In addition, those lots lying westerly of the North-South transmission main easement
will be required to connect to a main extension west of said easement. This extension
is not part of the proposed 1981 Willoughby Way water main. Therefore, the applicant
will be required to negotiate with the City for a main extension. It is my under-
standing that Pitkin Reserve is also proposing an extension of this main to their
proposed development. It may be possible, therefore, for these two developers to
share in the cost of the extension.
Should the extension come about, water would be available to lots 1-2-3.
Furthermore, contrary to the alleged conversation with myself which is stated in the
application, we would supply water only subject to certain special site considerations
and established Water Department policy.
r
'__
~. ~ _
ar
r
2. / Se~aer (maximum 3 points) consi~rittig the capacity of the seerer
..system to dispose of the ~~~astes of the proposed development and
if a public se~daye disposal system is to be used, the capacity
of the system to serve the development ~•rithout system extensions
beyond those normally installed by the developer, and vrithout
treatment plant or other facility upyradiny.
rPosen S vnt~r~[s./.... C/}r r5 'L
Comments: 1H/s iu
P !3 y- ~-./v Asne~-
J~iCO vin Pr] SA NeTAT/ ~-~
(~C7.to S A/ • '7L ~ t "TN F_ r7 / 17IL[c7 N~ S TNF
p L /"~ THP TL ~ L[~--L' /~f- ~I~P TI~G ht ~7 e.a.T
.~-
~- , .
..
Aspen/Pitl~in Planning Office
130 south galena street
aspen, Colorado 81611
MEMORANDUM
T0: Colorado Geologic Survey
Colorado Division of Wildlife
City Water Department
Aspen Metro Sanitation District
Pat Dobie, County Engineer
Jim Hamilton, Housing Director
Greg Fitzpatrick, Director of Transportation
Bob Nelson, County Sanitarian
Dick I:ienast, County Sheriff
Herb Paddock, Fire Marshall
Clean Air Advisory Board
Holy Cross Electric Company
Aspen School District
Open Space Advisory Board
FROM: Richard Grice, Planning Office
RE: Cheek Subdivision - 1981 GMP
DATE: June 11, 1981
Please review the attached application and provide us with your review com-
ments and recommendations. In addition, on the score sheet which we have
included with this referral, please provide us with your opinion of the appro-
priate score, for those items which are within your area of expertise, and a
few comments to explain why you are recommending that score.
Please return all comments and recommendations to this. office no later than
July 15, 1981. If you cannot meet this deadline, please contact me imme-
diately at 925-2020, ext. 226.
Your assistance and cooperation are greatly appreciated.
/ans
Attachments
'r
SUBDIVISIODI IMPROV?'~^r;VTS
_-----AGRP;EP-I r;idP ----~-
CHEEY. SUBDIVISION
THIS AGREEMEDIT made and entered ir~ito this day of
_ __ , 1978, by and between JOHN II. CHEEK, JR.,
(her.einafter .referred to as 'the "Subdivider") and PITKIN
COUCd`2Y, STATE, OF COLOP~ADO, a Homerule County, (hereinafter
referred to as the "County"),
W I T N E S S E T FI:
WHEREAS, the Subdivider holds record title to a parcel of
land situated in Pitkin County, State of Colorado, to-wj,tc
Lois 1, 2, and 3, Cheek Subdivision,
Pit};in County, Colorado; and,
WHEREAS, the Subdivider has submitted to the City for
~; approval, execution, and recording, a Subdivision Plat of the
above-described property, such Subdivision to be knc~on and de-
signated as "Cheek Subdivision"; and,
WHEREAS, the County has Lul.ly considered such Subdivision
Plat, the proposed development and the improvement of the
subject property shown thereon, and is eailling to approve,
!' execute and accept said plat for recordation upon the agreement
i
of the Subdivider to the matters herein described, which matters
are deemed necessary to _protect, promote, and enhance the
p~:blic welfare; and,
P]HEREAS, the Subdivider and the City wish to reduce
i
that Agreement to writing,
P70W THEREFORE, in consideration of the premi~:es, the
mutual covenants herein contained, and the approval, execution
L
and acceptance of said Subdivision Plat by the City for
recording, the parties hereto hereby agree as follows:
1. The Subdivider covenants and agrees to and with .the
County that thc. Subdivider will affirmatively consent to
and enjoin in the formation of any special improvement district,
encompassing all or any part of the Cheep: Subdivision, that
may hereafter be proposed to perform for the construction
of street improvements, drainage- improvements, or buried
electrical. improvcrnents. Subdivider hereby waives and Further
c wenxnts zand agrees to waive any right to protect against
th, formation of any such district. In the event t}xe County,
at any times or Erom time to time, sha11 construct or install
any street improvements, which i.mp.rovements service or improve
a general area, incl.ud:ing the lands within the Cheek Subdivision,;
Sx~hdivide.r agrees, upon demand, to pay or reimburse the City
fo.r that portion o£ the actual costs of such improvements
r;hich is properly allocable to said Subdivision.
2. The Subdivider agrees to place the :Following RestrictivE
Covenants on the above-described property by recording the
Declaration of Restrictions attached hereto as Exhibit "A"
and by this reference incorporated herein, to-wit:
~, (a) Ary improvements constructed on Lots 2 or 3 of the
! Cheek Subdivision shall include an Employee Housing Unit on
each lot. That Employee Unit shall be constructed such
that it shall be attached to but independent from the
main structure. Furthermore, that Employee Housing Unit shall
be a least fifteen percent (15`v) of the total structure or
a mi.n.imum of three hundred (300) square feet, whichever is
greater. Finally, the owner of the structure containing the
Employee Housing Unit shall comply in all respects with
the requirements or". the Housing Authority then in effect if
he desires to rent said unit.
(h) Any structure built on Lots 2 or 3 must be built
within the building envelope as that envelop:: is approximately
designatcxl on the Final Plat. The axacC locai_ion of the
building envelope siial]_ be determined during the Apol.ication
Process :For bui].dincr permits.
(c) The owner of the. property and all of those caho hold
any interest :in tl?e land above'described i_n succession do
hereby ag.r_ce to hold harmless the Salvation Ditch Company
its agents and enu~loyees, successors anal assigns, from
and against all reasonable claims and,/or damages and/or losses
and/or l.iabili-ties and expenses o£ wha-fever kind or nature ,
r..^;ultinq from any claims, demands, costs, or judamants
arising frnn~ airy i.looding, wash-ont, natural precipitation
-2-
or seepage :Ero;^ the Salvation Ditch.
3. The Subdivider agrees to reimburse Ho.l.y Cross
Electric Association for the relocating of the power. lines
from thei..r. present configuration as shoran on the detailed
submission plan to the easement at the rear or north end of
the property. Furthermore, the Subdivider will agreE--~ to post
security satisfactory to Holy Cross Electric Association
to insure the reimbursement.
4. The covenants and agreements of the Subdivider
herein shall be deemed covenants that run ;pith the land, shall
i
curden the land included within said Subdivision, and shall bind
and be speci.fical:Ly enforceable against all subseduent owners
thereof, including the Subdivider, his heirs, personal
representatives, successors in interest and assigns.
5. Upon execution of_ this Agreement by all parties
hereto, the County agrees to approve and execute the Final
Plat of the Cheek Subdivision and accept the same for recording
in the real property records of Pitkin County, Colorado,
upon payer-ant of recording fees and costs to the County
by the Subdivider.
IN P7ITNESS WFIEREOF, the pa r. tics hereto have executed
this Agreement on the day and date first above written.
JOItN H, CHEEK, JR.
PITKIN COUNTY, STATE OF COLORADO
By
-3-
DECLARATION OF RESTRICTIONS
KNOW ALL MEP7 BY THESF. PRESENTS:
WHEREAS, John H. Cheek, Jr. (hereinafter referred to as
"Declarant") is the owner in fee simple of Lots 1, 2, and 3,
Cheek Subdivision, County of Pitkin, State of Colorado; and,
WHEREAS, John H. Cheek, Jr. has submitted to Pitkin
County for approval, execution and recording, the Subdivision
Plat of the above-described property, such Subdivision to
be known and designated as "Cheek Subdivision"; and,
WHEREAS, the County has fully considered such Subdivision
Plat, the proposed development and the imporvement of the
subject property shown thereon, and is willing to approve,
execute and accept that Plat for recordation provided that
the following restrictions are placed upon the property.
NOW THEREFORE, the Declarant does hereby publish and
declare that the following terms, covenants, conditions,
restrictions, limitations, and allegations shall be deemed
to run with the above-described property, shall be a burden
and a benefit to the Declarant, his heirs and assigns, any
person acquiring or owning an interest in the real property
and improvements, the grantees, lessees, successors, heirs,
executors, administrators, devisees, or assigns:
1. EMPLOYEE HOUSING Any improvements constructed on Lots
2 or 3 of the Cheek Subdivision shall
include an Employee Housing Unit on each
lot. That Employee Unit shall be construe
ted such that it shall be attached to I
but independent from the main structure.
Furthermore, that Employee Housing Unit
shall be a least fifteen percent (15~) I
of the total structure or a minimum of ~
three hundred (300) square feet, which-
ever is greater. Finally, the owner
of the structure containing the Employee j
Housing Unit shall comply in all respects;
with the requirements of the Housing i
Authority then in effect if he desires toi
rent said Unit.
2. BUILDING Any structure built on Lots 2 or 3 must
RESTRICTIONS be built within the building envelope as
that envelope is approximately designated
on the Final Plat. The exact location
of the building envelope shall be deter-
mined during the Application Process for
building permits.
i
~'
' 3. HOLD HARMLESS
The owner of the property and all of those
FOR THE BENEFIT who hold any interest in the land above-
OF SALVATION described in succession do hereby agree
DITCH COMPANY to hold harmless the Salvation Ditch
Company its agents and employees, successor
and assigns, from and against all reasonabl
claims and/or damages and/or losses and/or
I' liabilities and expenses of whatever kind
or nature resulting from any claims, demand
costs or judgments arising from any floodin
I' wash-out, natural precipitation or seepage
' from the Salvation Ditch.
4. OTHER ZONING These restrictions shall supplement
any land use regulations of the
County of Pitkin and in the event of
conflict, the more restrictive
',
application shall apply.
~, 5. ENFORCEMENT These restrictions shall constitute a
li burden upon the subject property and the
benefits thereof shall inure to the County
of Pitkin.
6. DURATON
These restrictions shall be perpetual.
IN WITNESS WHEREOF, this Declaration has been duly
executed by the Declarant this day of
DECLARANT:
1978.
JOHN H. CHEEK, JR.
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing was subscribed and sworn to before me
this day of 1978, by the Declarant,
JOHN H. CHEEK, JR.
WITNESS my hand and official seal.
My commission expires:
Notary Public
-2-
•~ '
3. HOLD HARMLESS
FOR THE BENEFIT
OF SALVATION
DITCH COMPANY
4
5
The owner of the property and all of those ~
who hold any interest in the land above-
described in succession do hereby agree
to hold harmless the Salvation Ditch
Company its agents and employees, successor)
and assigns, from and against all reasonable
claims and/or damages and/or losses and/or '
liabilities and expenses of .whatever kind ~
or nature resulting from any claims, demands,
costs or judgments arising .from any flooding,
wash-out, natural precipitation or seepage ',
from the Salvation Ditch.
OTHER ZONING These restrictions shall supplement
any land use regulations of the
County of Pitkin and in the event of
conflict, the more restrictive
application shall apply.
ENFORCEMENT These restrictions shall constitute a
burden upon the subject property and the
benefits thereof shall inure to the County
of Pitkin.
6. DURATON
These restrictions shall be perpetual.
IN WITNESS WHEREOF, this Declaration has been duly
executed by the Declarant this day of
1978.
DECLARANT:
JOHN H. CHEEK, JR.
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
' The foregoing was subscribed and sworn to before me
j this day of 1978, by the Declarant,
JOHN H. CHEEK, JR.
WITNESS my hand and official seal.
My commission expires:
Notary Public
-2-
_, ~----
eour: ___
DETAILED 5U6M15SION °LAN OF
~~~~~ a,..r~c ~ i6..o~'~~~
`'
~~--
IV . ~. h. ,'Z ~ S=C~ =N IZ ..~J 5 !'2 bE 1.4 AFC ~ .ti ,
T IO h, 2 36 `N. Co iki P, M~.. ~ PITKJN GAUNT, Y, COLD~DO,
~'h _ .. ,
\E. r _ -zn~ -ti ~~ai -~.
~~ ~J ~ J 1//d L 1i ~.~ ~ `~].b V l~
~~~~1 °`~ ~~L ~ `a ;,`,~ , ~ ~~ L I
~, \`:, ..
- ~ ~,
`' I ~
.~ ..: ,
~..
;,
i, ~
~.,I. ~~~ .. ~~ V~ ~
~ . ~~_~~
~~.~ j ~ A~VA ___ i.~ ~. ..,.,--r5
~~ _. ~~ ~ ~
\ .4
-r:
,.n .- rs ,._. -~ _'
~<>
<'
..- _. ~e~_-.. _vo:_ _ ._.
E':~ 17.1