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Home My WebLink Aboutpitkin.planning.273511202053DOCUMENT 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 Miscelianeous Plat copies (llxl'n -=="=;: Ainor 1041 Hnznrd Review Scenic Overlay GMOS Exe . ~ ~` '~: Bruce Hazzard 120 E Main ~' Aspen, CO 81611 ~ 9256354 ' {~"'~` -.'?fit MY:•_, -. $1090 r ~`. $1090 # ~ ~ .. AlIOCA `.: ,, , . , ., +;,:. ,. ' :'.; . ~uu'.:... :.: ~ 'qa`. . G 0~1R' ~ ...: ' ; ,. ~2 - ~ . d .u : rs:r~~' 4 ~ { r.~ r " ~ i~ _ti '~ 2/21/1995 - ' A ~ ~"!aa - xa~ §~rc ' `,; ~'~~:i ',."W V~PBZ '~~.. _' 1:x;5=,.:,. e 1. ~ _{.. C M ,". .,:,~::.~ : .:e w . ~, - ' ~ ~ :~~ ' PZ: 95-03 #379496 J'. ': ' r- >• _ ±- ~. ~~~,~a e " ..: nom'''-a.+' :; : 'T >~ ~~ti x a~ti. , "y: ..; ~.. .: y~~ ~ ~ h~4/aMM v . ~ .. ...:... ~ a~, r ~t ~~~~~ ° qxx ~V ~ :~ _x. t 4 ~ F t : . .t~ (i e rv' `Y:1~ r:s .~p. 4 x .... _ !~'k , . rfi~ `-~~~ . - ~, ~ ,~~,' ~- #~*~ ~ 8122106 ' ~~~.'. ~ .. ,: 5 ,-~ g =M1~SP_.r " ~., FF -_ - ' =- ;:) . 1t. .e,, :.a ~l. ' .~",.:~~9i'~~' . ~.... { ~ :)- 5 '~ e= ' ~ ~ y T¢+ -: •SX 5.'J~a [.{ j . , .;a , .i: ;::: . : !T:v :..: :ur.:.x^ gfi3?k~ ~.. .. ~~ ~'. 3x w' e t't " x F_..~: .tn.....:Lrv`uva.-.a ~Y.i s:. •^f. ... ..r e.. .. .. ~ .. .. ' ~ ~~~~~ CASELOAD SUMMARY SHEET PITKIN COUNTY DATE RECEIVED: 11/14J94 DATE COMPLETE: STAFF MEMBER: RM PROJECT NAM Project Add APPLICANT: Applicant CASE # P137-94 PARCEL ID# <~3~ 112-OZ-v S3 REPRESENTATIVE: Bruce Hazzard 925-8354 Representative Addre ss/Phone: 120 E. Main Asp en CO FEES: PLANNING $ x-99 ~ # APPS RECEIVED 10 / ~ ENGINEER $ 60 # PLATS RECEIVED 10 (~ HOUSING $ i ENV. HEALTH $ 60 TOTAL $ 3~5 /D `7Sf TYPE OF APPLICATION: STAFF APPROVA L: X 1 STEP: 2 STEP: DRC MEETING DATE P&Z MEETING DATE d aii > PUBLIC HEARING~YES~ NO BOCC MEETING DATE PUBLIC HEARING: YES NO HEARING OFFICER MEETING DATE: REFERRALS: ~/ Attorney / Engineer Housing Aspen Water ~~Envir.Hlth. Zoning Land Mgmt. Airport Mgr. ~- Sheriff City P & Z Building Dept /Aspen Consol S.D. Rocky Mtn Nat Gas -Holy Cross /Aspen Fire -Basalt Fire -Carbondale Fire Div. Water Res. State Forest Ser. CO Geo.Survey CDOT -Clean Brush Homeowners Open Space Air Board Other: Ck Metro Dist Other: Board DATE REFERRED: INITIALS: DATE DUE: 11''`7` RESOLUTION #:___~)~ L73 __________DATE;___/~/~/ ~~_______________ PLAT OR SITE PLAN RECORDED AT BOOK PAGE(S) FINAL ROUTING:e~~H DATE ROUTED: County Attorney Housing Open Space Bd. Other: FILED: -County Engineer Envir. Health NITIAL: -~~ Zoning Applicant School District USFS (Carbondale) USFS (Aspen) Div. of Wildlife BLM _ Snowmass Village Risk Manager Caucus Revised 05/16/94 Aaaress: 37'34?6 E-775 F'-5c4 03/06/45 01:03F' RG 1 OF ~ P.EC SILViR DRVIS • F'ITF'.IN CCUNTY CLERK ~ ~RDE? 0.041 RESOLIITION OF THE PLANNING AND ZONING COMMISSION OF PITRIN COIINTY, COLORADO, GRANTING APPROVAL OF THE MAROON CREEK CLIIB BARN SCENIC FOREGROIIND OVERLAY REVIEW, MINOR 1011 HAZARD REVIEW 8 COMMERCIAL GROWTH QIIOTA SYSTEM Resolution No. PZ-95-~3 RECITALS: 1. On February 21, 1995, the Pitkin County Planning and Zoning Commission, hereinafter referred to as the "Commission", reviewed a request by the Maroon Creek Limited Liability Company, hereinafter referred to as "Applicant", for a Scenic Foreground Overlay Review, Minor 1041 Hazard Review, and Commercial Growth Management Quota System Exemption to re-assemble and re-locate the historic Pfister barn. 2. Detailed Submission Resolution No. 91-111 required. that: "The historic portion of the barn on the south side of the Project shall not be demolished. The barn may be moved intact or disassembled and moved to another location on or off the Project". 3. The parcel on which the barn will be re-located is described as Tract J of the Maroon Creek Club PUD and is approximately 1/2 mile south of Highway 82, off of Tiehack Road. 4. The Commission found the proposed development to be consistent with Sections 3-604, 3-8, and 3-1513 of the Pitkin County Land Use Code. NOW, THEREFORE, HE IT RESOLVED by the Pitkin County Planning and Zoning Commission that it hereby approves the Maroon Creek Club DOC OO0(?il?, 37949E B-77B F-5S~0:~/OE/9~ 01:03F~ pr, OF~ Resolution 95-PZ- ~ 3 Page 2 Scenic Foreground Overlay Review, Minor 1041 Hazard Review, and Commercial GMQS Exemption subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the application and in the public meeting. 2. Prior to building permit application, the Applicant shall record a revised 24 x 36 inch mylar 1041 Hazard Review Site Plan which meets the approval of the Planning Office and County Attorney. The site plan shall include the following 1041 Hazard Review Warning and Disclaimer: "The provisions of these regulations do not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." a. The building envelope shall be revised pursuant to Planning Office recommendations. 3. Wildfire mitigation shall be as follows: a. A sprinkler system or a foam fire retardant system shall be installed in the structure. The system shall meet the standards of the Aspen Fire Protection District and the Uniform Building Code. b. The Applicant shall install a fire hydrant within 400 feet of the barn that is easily accessed by fire department personnel. c. Roofs and gutters shall be k ept clear of debris. d. Yards shall be kept clear of all litter, slash, and flammable debris. e. At least one ten pound approved ABC class fire extinguisher shall be placed in a visible and access ible location for each structure. f. Fences shall be kept clear of brush and debris. g. Wood fences shall not be connected to the structure. h. Fuel tanks shall be installed underground with an approved container. i. Regarding vegetation: 000003 C 379495 R-775 R-~ ~3: l6 /95 01:03F' RG 3 ~ ~ Resolution 95-PZ- b ~ Page 3 1) All vegetation shall be removed within 10 feet of the _ structure. This area should be maintained in the future as low ground cover (to a height not more than 6 inches). 2) Vegetation shall be thinned within a minimum of 30 feet around the structure, with a minimum of 10 feet crown separation between clumps of oak/serviceberry. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground. Remaining clumps shall not have an aggregate crown diameter in excess of two times the height of the fuel. Dead limbs and ladder fuels that could carry fire into the crowns of the brush shall be eliminated. Slash shall be properly disposed of by chipping, hauling away, or piling and burning during a safe time period. 3) Maintenance of the "defensible space" shall be required in order to retain it's value as wildfire mitigation. Oak and serviceberry tend to sprout vigorously after cutting, so it will be necessary to trim back vegetation every year or two. 1. Any additional proposed buildings within the building envelope shall incorporate wildfire mitigation measures. m. Structural Design and Construction Requirements: 1. Roof construction shall be Class A, non-combustible (no wood shake/shingles) material with no flat roofs. 2. Vents shall be screened with corrosive resistent wire mesh with mesh 1/4 inch maximum. 4. A drainage and erosion control plan shall be approved by the County Engineer, prior to the issuance of a building permit. 5. The Applicant shall use non-reflective roof materials and exterior finish materials which blend with the surrounding natural landscape to the greatest extent possible. 6. The use of exterior building facade lighting shall be prohibited. The lighting of the building entry areas shall comply with Pitkin County Lighting Standards (Section 3- 1110). 7. Natural vegetation shall be preserved to the maximum extent possible, except for the "defensible space" required by wildfire mitigation measures. The existing vegetation shall OOn00~~ 0/9=+96 a-".~~-.JC:' il,~/~t16/9i 01;I1.~p F~r• OF ,°, Resolution 95-pZ_ Oj Page 4 be used to screen development. $• The Applicant shall submit the Planning Office w a landscape plan for a additional hich includes PProval by plantings which will further screen lthelbarn and revegetate the existing clear-cut scar, prior to the issuance of a building permit. 9• There shall be no disturbance of existing vegetation outside of the designapedf bu he nq envelope (development activity envelope), exce t plantings and wildfire mitigationdreVeway, additional screen 10, quirements. The Applicant shall submit a Reconstruction Plan to the County Historic Preservation Officer for approval. This indicate the means to be employed to preserve the of the historic resource Plan shall to the maximum extent integrity 11. The A Possible. pplican~e Pr nt tain Board of Adjustment a variance to submittal. Yard setback, prior to buildinval of a 4 Permit 12. The Applicant shall obtain an earthmoving permit commencement of construction. prior to 13. The Applicant shall provide documentation to the Department that 7-12 feet of cover over the line is maintained Aspen water prior to the 12 -inch water main building permits. issuance of earthmoving or 14. The Applicant shall submit payment of the total connection charges to the Aspen Consolidated Sanitation District to the issuance of a building permit. prior 15. The Applicant shall be prohibited from storin fertilizers or contaminants at this location. g chemicals, APPROVED AND ADOPTED ON THE 21ST DAY OF FEBRIIARY, 1995. PLANNING AND ZONING COM2SISSION OF P RI OIINCTY~,+ COLORADO By_~.3~~ ~~ / 7 ~r_ n _ ~ ~Si i 111, 000005 X75496 P-775 P-528 ~,:s/06/95 5~1:03P Rr, ~ OF 5 • Resolution 95-PZ- ~3 Page 5 ATTEST: Debbi Dubord, Planning Office Manager APPROVED AS TO FORM: Timothy si , Count t ey reso mcdc.harn scenic APPROVED A3 TO CONTENT: 1w Li~MJ I ll}~Cll~i~-~_ SuZa'~nne Roachan, Community Development Director 0000 / Design Workshop, Inc Landsrapc :1re h iteomrr Land Planning Urban Design 'limrism Manning February 27, 1995 IYII ~~.. 1~arn 1n'rrl \.pru. Luuru la is u d i Mr. Rick Magill Aspen/Pitkin Regional Planning Office i i ph ~~ , 130 S. Galena Street a"~` °'~' °'~;~-'i Aspen, Co. 81611 r.~~~,~~~~d~• su:; ~~zn rs, Re: Maroon Creek Club PUD -Scenic Overlay /Historic Resource Development Activity Envelope Rick: i>, ,,,, r The attached plan graphic indicates a second pass at defining the development activity ~ ,~~i envelope for the 1041 hazard review plat to be prepazed for the Pfister Barn site. I have indicated that the envelope will be defined somewhat by the access needs for ~~~""'"" construction as well as the ability to grade the uphill side of the site for revegetation ~~~^ ~'-~~~~^ purposes. Please review the indication for an alternative edge of envelope on the uphill side as well. Once you have had time to review, call me to discuss and to define which of the approval conditions you would like to see incorporated into the actual plat for signatures and recording. Your help is appreciated. Feel free to call me if you have any questions. Respectfully, Bruce Hazzard, Princrpal Planning Coordinator DESIGNWORKSHOP oooooa MESSAGE DISPLAY TO Rick Magill CC Larry Ballenger From: Phil Overeynder Postmark: Feb 13,95 9:37 AM Status: Previously read Subject: Reply to: MCC Barn & Preserve CDU ------------------------------------------------------- Reply text: From Phil Overeynder: I haven't heard anything from Maroon Creek Club. I called Dean Gordon this morning to see if he's done any work up there. Given the field conditions right now it will probably be a while before they get in there if they haven't done the work already. Preceding message: From Rick Magill: Has the "pot holing" been accomplished as referenced in your Dec.28 ceo message can you withdraw objections now... if so please ceo or give me a call-5062. thanks. Ed Van is requiring dry sprinkled barn. also I will forward the Preserve Lot 7 CDU application for your comments. Feb 14 BOCC hearing on this was tabled for other reasons. I am requesting comments by Feb. 28. ----------=====X=====___------- 000009 ~, J County of Pitkin State of Colorado } AFFIDAVIT OF NOTICE BY } as. POSTING OF A PIIBLIC HEARING } FOR A PITRIN COIINTY DEVELOPMENT PERMIT The undersigned, being first duly sworn, deposes and says as follows: I, being or representing an Applicant for a Pitkin County Development Permit, personally certify that the attached photograph fairly and accurately represents the sign posted as notice of the public hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the sign was posted and visible continuously from the (9~ dca~y of ~~~~°~ 19 9S to the 2/I~- day of ~~~U~~'.y , 19 / ~ (Must be posted for at least 15 days before the public hearing). S Subscribed and sworn to before me this day of ~, 195 by blit ......,, ,[l WITNESS MY HAND AND OFFICIAL SEAL. (Attach photograph here) My commission expires:- J~iA-~~-- '~1I110 r/t (~/YYI~'~'-------- Not Public's Signature .J ~ < Address~~£~-(' 81~~1 000010 JAN-04-95 15:475 PROM: ®MSI GN WORKSHOP 1NC DL4IGNWO~HOP Landscape Arebitectate [,and Flaming iJrban Design 1211 East Main Aspen, Colors! 81611 1 releghooc 303A25-8354 Facsimile 3Q3-920-1367 1®: P,gr:a r Facsimile ~,/nsmgittal Date ~ ',,T/~ y/ /~ lob Number ~`7' 0~,(2/. To ~'//.~ /jis~.~~l~ Fmm ~j/L/~ f~Z U~~~ Nosber of pages (including transmictaYj 1(you do not nx:eive aIL pages, piea~e call immediately. comments ..~/lk ' /`17T~9-c/l~rv //~_.9 L"L4',~r/~"~...''09l)~~' ~ae~i',vi~"~,... -- _._ . 000011 3 J1A•1- G14 -'3 5 i~ /// ~r T 5: {7G PROT~i: T7E5 T iGTT WORXSHOP [ AJC • h. 1141 HA7.ARI}1~FV[)a~ySL1MMARY: TDB. • The areas of local and State interest are wildfire and geology/slopes and are described in detail in the following text. Particular care has been taken by the Applicant to avoid conflicts with these elements in the establishment of the Development Activity Envelope access. Geolo ig c Hazard Areas: In general, previous geological studies performed by Maroon Crack Club that were utilized to define the approved PUD as granted by Pitkin County indicate that the area in question is underlain by local mancos shale depnsits combined wiUt bedrock. The area was estensively reviewed by the City of Aspen prior to construction of the water line and water tank. While the requested new access alignment to the site proposed appeazs to cross slopes greater than 159'0, closer inspection and review will indicate that the Applicant has elected to take advantage of an abandoned access mad that was graded 4 yeazs ago, by the City of Aspen for construction of the water line and tank. The existing alignment is sufficient in width and gradient to be used with minimum additional improvements, other than for erosion control, drainage improvements and slope stabiliza5on, to provide access to the Development Activity Envelope within Pitkin County Driveway standards. The same can be said for the building pad area being prioposed. This was originally the staging area for construction of the water tank by the City of Aspen. The proposed site plan indicates the intent to minimize additional distufiance to this area by utilizing mechanical retainage where necessary. Wildfire Hazard Areas: The area being proposed for development activity by the Applicant is classified per the C5U mapping as predominantly A-Low Hazard, but with fringe areas of existing sage and brash classified as X- Severe Hazard. The applicant proposes to incorporate a prinkler system ithin the rebuilt structure and to bring the building into co pliance with loc 1 codes ,as well as to install a Fire hydrant within,)<8ff feet of he structure. ~~ t ~t? y fi}NO STA^"'DP~rk MCC- Historic Resource 4 1 PAr,E - 00'012 AS~/PITKIN PLANNING OFFICE • 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 November 30, 1994 Bruce Hazzard Design Workshop 120 E. Main St. Aspen, CO 81611 Re: Maroon Creek Club Commercial GMQS Case #P137-94 Dear Bruce, Minor 1041 Hazard Review, Scenic Overlay Review & Exemption The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. Please provide seven (7) additional copies of the complete application for the Planning Commission. We have scheduled this application for review at a public hearing by the Pitkin County Planning and Zoning Commission on Tuesday, February 21, 1995 at a meeting to begin at 4:00 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post the subject property with a sign within 15 days of the public hearing and to remove it from the property within one week following the hearing. Please submit the enclosed Affidavit of Notice by Posting as proof of compliance with the Code prior to or at the hearing. If you have any questions, please call Rick Magill the planner assigned to your case, at 920- 5062. Sincerely, f-~ Su e Wolff Administrative Assistant ppz.ph 000013 ASPEN/PITHIN CO TY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5439 MEMORANDUM ~-`eJ~; ~@: - County Attorney County Engineer Environmental Health Zoning Aspen Water ACSD Aspen Fire CO State Forest Service Sheriff ~` )ECM: Rick Magill, Planning Office RE: Maroon Creek Club Minor 1041 Hazard Review, Scenic Overlay Review & Commercial GMQS Exemption Parcel ID #2735-244-00-076 DATE: November 30, 1994 Attached for your review and comments is an application submitted by Maroon Creek Limited Liability Company. Please return your comments to me no later than January 13, 1995. Thank you. ~~-e- C%~ ems- c! u'~-~-~ ~-~,'t-~, (?~-~~ ~~e~-e`e ,~-e- ,f~-C-~'° r` L'- ,L~- --~,` t /~D ~ /,~ ~= Lo ~ ~ l~~i- z ~nr~a% /G' S IJ S ~ ~-~- ~e . 00001~~ ASPEN/PITKIN PLAI~TI~TING OFFICE A¢reement for Payment of Pitkin County Development Application Fees Pitkin County (hereinafter COUNTY) and/h~~~~~`'~L//ti~~/~~iTlGq~,.o~w1 (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for /h~./o.~ /ofl ~fsl~.~ .eE~-rte (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Board of County Commissioners Resolution No. 91-08 and Ordinance No. 92-1 established a fee structure for Planning Office applications (including consultant costs) as part of the application fee charged for THE PROJECT and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is impossible to ascertain the full extent of the costs involved in processing the application upon initiation of case processing. APPLICANT and COUNTY further agree that it is in the interest of the parties to permit payment of an initial deposit and to permit additional costs to be billed on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the County when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 000015 ,~ • • 5. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 33 5. a0 which is for hours of Planning Office time„ and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICAN'T' By: ~~ Suzanne Konchan County Planning Director Date: lGl~ ----------------------------------- For Planning Office Use Case Number Case Deposit or Flat Fee Referral Fees: Engineer: ~ Housing: Environmental Health:_ 2 OOU016 t,.J ASPEN/PITKIN PLANNING OFFICE Aureement for Payment of Pitkin County Development Application Fees Pitkin County (hereinafter COUNTY) and /h~,~a~.~/ci~ L//h/T~n Ci.¢/.~i~Ti' (hereinafter APPLICANT) AGREE AS FOLLOWS: Gp~s~/j APPLICANT has submitted to COUNTY an application for ~'cHvic oaf-.~e~Y,~ai~i (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Board of County Commissioners Resolution No. 91-08 and Ordinance No. 92-1 established a fee structure for Planning Office applications (including consultant costs) as part of the application fee charged for THE PROJECT and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is impossible to ascertain the full extent of the costs involved in processing the application upon initiation of case processing. APPLICANT and COUNTY further agree that it is in the interest of the parties to permit payment of an initial deposit and to permit additional costs to be billed on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the County when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 00001? 5. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ O~ . 00 which is for hours of Planning Office time„ and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT By: Suzanne Konchan County Planning Director By: Date: --------------- --------------------------------- For Planning Office Use Case Number Case N Deposit or Flat Fee Referral Fees: Engineer: ~ Housing: Environmental Health: 2 ~~0~~~ '-' TO: Pitkin County Planning and Zoning Commission FROM: Rick Magill, Planner RE: Maroon Creek Club Barn Scenic Foreground Overlay Review, Minor 1041 Hazard Review & Commercial Growth Management Quota System Exemption DATE: February 21, 1995 APPLICANT: Maroon Creek Club Limited Liability Company APPLICANTS REPRESENTATIVE: Bruce Hazzard LOCATION: The barn is proposed to be located approximately 1/2 of a mile up Tieback Road from Highway 82. REQIIEST: The Applicant requests approval of the re-assembly and re-location of the "historic" Pfister barn, pursuant to condition # 9 of Resolution 91-111, which states: "The historic portion of the barn on the south side of the Project shall not be demolished. The barn may be moved intact or disassembled and moved to another location on or off the Project." T - ----- -____ k m t T F 41. ~~ LCCIi V111U YU • , SITE DATA/PROJECT DESCRIPTION: The proposed building site is located in an area that was previously disturbed and used as a construction staging area for an adjacent City water line and water tank. The site is relatively flat, except for a steep cut area on the south side of the delineated "development activity envelope". The Applicant is proposing to mechanically retain the areas immediately to the west and east of the barn in order to limit the areas of disturbance. The development envelope will be accessed by an existing roadcut from Tiehack Road. The Pfister barn structure was disassembled to make way for the construction of the Maroon Creek golf course project. The Applicant now proposes to rebuild this structure and utilize it for the i,.~~ storage of maintenance equipment and materials. a am is ~y{aN r approximately 4800 square feet in size and will also include a }~uc~ bathroom and small office facility (approx. 80 sq.ft.).~w tau _ ~~. REFERRAL AGENCIES: Referral comments are incorporated throughout this memorandum and are attached as necessary. 1. County Attorney 2. County Engineer 3. Zoning Office 4. Colorado State Forest Service 5. Sheriffs Office Do~®~~ • 6. Aspen Fire Department 7. Aspen Water Department 8. Historic Preservation Officer 9. Aspen Consolidated Sanitation District 10. Environmental Health Department STAFF COMMENTS 1041 HAZARD REVIEW: The property contains small areas of slopes up to 30 percent and is mapped for Low Wildfire Hazard, with fringe areas of existing sage and oakbrush classified as Severe Wildfire Hazard. Slopes: There are areas of slopes of up to 30 percent in the general vicinity of the proposed building site. The actual building site, however, is a relatively flat "pad" which was created for a staging area for the construction of a City of Aspen water tank on the adjacent parcel owned by Art Pfister. The creation of the staging area resulted in a large cut scar in the hillside. 3?ke-- 4 years a o k. The exis ing driveway contains a centerline gradient of approximately 10 percent. The County Engineer will require that the Applicant provide a drainage and erosion control plan for this development. Wildfire: The Colorado State Forest Service determined that the oakbrush that will be close to the structure is "clumpy" already and will not require thinning, other than the standard 30 foot defensible space clearance around the structure. The Applicant is proposing to incorporate a "dry" sprinkler system G~~ and standpipe within the rebuilt structure, as well as to install "1 a fire hydrant within 400 feet of the structure. It is Staff's `' understanding that the proposed fire retardant system will be self- contained and not be reliant on the City water supply. p_,_ k The Applicant has agreed to a revised service agreement with the ~ ~ City of Aspen Water Department. This revision to the water service agreement was necessary because the Applicant is proposing that water for the barn be supplied via a 1-inch tap off of an existing 12-inch main transmission line. Potable water service for this area was not anticipated when the water system was designed. Service connections to the 12-inch tank feed line will not provide reliable water service if the Tiehack tank is taken out of service for repair or routine maintenance and it may be necessary to repair the tank feed line or associated pressure reducing valves. Work already scheduled for this area may necessitate taking this portion of the system out of service and, consequently, interrupt water service for the barn. Phil Overeynder will withdraw his remaining objection to this development proposal once the Applicant provides documentation to the Water Department that adequate cover is maintained f,7-12 feet) OO~n20 over the existing 12-inch main transmission line. Historic Resource: The County Historic Preservation Officer supports the re-use of the barn on this property. Amy Amidon points out that the proposed use of the structure for storage is compatible with the historic character of the barn. Amy also feels that the barn will serve as a reminder to residents and visitors that the area was historically used for ranching. Ms. Amidon will require that the Applicant work with Staff to determine a reconstruction plan for the structure. The Applicant suggested that their intention is to build a new framing system and use the old siding as the cladding material. Staff is opposed to this solution, as it is not true preservation of the structure. The entire barn, including framing and siding, should be retained and the repairing or replacing of materials should only be allowed when necessary. SCENIC FOREGROUND OVERLAY: The proposed location for the barn is within the mapped Scenic Foreground Overlay area. The building site is 60 to 65 feet above, and approximately 2300 lineal feet to the south, of Highway 82. The barn is 32 feet in height (to peak roofline). The structure will be partially screened by existing vegetation and will utilize the proposed contouring and berms being constructed along Highway 82 for additional screening. The orientation and placement of the barn will help diffuse the visual impact the vegetation "clear cut" that was created by the construction of the Pfister water tank. The seven foot retaining wall on the east side of the barn will be screened by the existing vegetation, as will the four foot retaining wall on the west side. The Applicant is proposing additional plantings to further screen the development from the highway, although a detailed planting plan has not yet been submitted. Staff finds that this request is consistent with the criteria identified in the scenic foreground overlay section of the Land Use Code (3-604). COMMERCIAL GROWTH QUOTA SYSTEM EXEMPTION: Pursuant to Section 3-1513, the Applicant is requesting an exemption from Growth Management for a Change in Use. The Applicant has represented that the barn was originally used for the storage of materials and equipment for maintenance of the Pfister property. It was also represented that the Applicant is going to continue this use and that the Maroon Creek Club will store road and grounds maintenance equipment and materials within this structure. Staff cannot identify a significant change in use in this case, that is, there is not a change from residential use to industrial use for example. Staff would categorize this proposal as a "Commercial Development with Negligible Growth Impacts" and not a "Change in Use". The barn structure will contain storage areas, a single bathroom, 0000?1 ~ • and a small office (80 sq.ft.) within the existing physical size of the historic resource (4800 sq.ft.). The use of the structure will not increase the number of employees that are anticipated for maintenance of the entire Maroon Creek Club project, as calculated in previous approvals. The structure and adjacent paved areas will accommodate an additional five vehicles, excluding the interior parking of equipment. The Applicant has verbally committed to store the Nordic Council's piston bully groomer in the barn. The storage of this piece of equipment will help to facilitate the grooming of the winter cross-country trail system being finalized with the Applicant for next season's use. All utilities are currently planned for as part of the Maroon Creek Club PUD. The ACSD confirmed the District's ability to serve the sanitary needs of this development via the existing line in Tiehack Road. The structure and the proposed use will not cause or create adverse affects on the local air or water quality, since no chemicals, fertilizers or contaminants will be stored at this location. OTHER ISSIIEB: /1_ . The Zoning Office pointed out that the size of Tract J is not represented in the application, therefore, conformance with minimum lot size cannot be determined. Joanna Schaffner also pointed out that at the time of Detailed Submission for the Maroon Creek Club PUD, the front yard setback was 100 feet. If this development were subjected to the setback in effect at the time of detailed Submission approval, the structure as proposed would encroach 58 G ~ `G feet into the required setback. Planning Staff feels that th~ current zoning regulations for the AFR-l0 zone district should b Lv~B _~~ a,,~ enforced. Under those current zoning regulations, the front yar setback can be 30, 50 or 100 feet depending on the size of the (d+ ~ parcel. Once the size of the lot is determined, it can be determined if Board of Adjustment approval of a variance to the setback is required. G~t~~lz~T1~O~1.S ~ ~ ~~ `~~_ RECOMMENDATION: Planning Staff recommends that the P~-16anning and Zoning Commission approve the Scenic Foreground Overlay Review, Minor 1041 Hazard Review and Commercial GMQS Exemption for the Pfister Barn subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the application and in the public meeting. 2. Prior to building permit application, the Applicant shall record a revised 24 x 36 inch mylar 1041 Hazard Review Site Plan which meets the approval of the Planning Office and l County Attorney. The site plan shall include the following 1041 Hazard Review Warning and Disclaimer: "The provisions of these regulations do not in any ~~ way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." ~~~0.~~ Y . ~ • • 3. Wildfire mitigation shall be as follows: a. A sprinkler system o~.~~5~aym fire retardant system shall be installed in the :caxaeir~. The system shall meet the standards of the Aspen Fire Protection District and the Uniform Building Code. b. The Applicant shall install a fire hydrant within 400 feet of the barn that is easily accessed by fire department personnel c. Roofs and gutters shall be kept clear of debris. d. Yards shall be kept clear of all litter, slash, and flammable debris. e. At least one ten pound approved ABC class fire extinguisher shall be placed in a visible and accessible location for each structure. f. Fences shall be kept clear of brush and debris. g. Wood fences shall not be connected to the structure. h. Fuel tanks shall be installed underground with an approved container. i. Regarding vegetation: 1) All vegetation shall be removed within 10 feet of the structure. This area should be maintained in the future as low ground cover (to a height not more than 6 inches). 2) Vegetation shall be thinned within a minimum of 30 feet around the structure, with a minimum of 10 feet crown separation between clumps of oak/serviceberry. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground. Remaining clumps shall not have an aggregate crown diameter in excess of two times the height of the fuel. Dead limbs and ladder fuels that could carry fire into the crowns of the brush shall be eliminated. Slash shall be properly disposed of by chipping, hauling away, or piling and burning during a safe time period. 3) Maintenance of the "defensible space" shall be required in order to retain it's value as wildfire mitigation. Oak and serviceberry tend to sprout vigorously after cutting, so it will be necessary to trim back vegetation every year or two. 1. Any additional proposed buildings within the building envelope shall incorporate wildfire mitigation measures. 0000?3 ' ' a • m. Structural Design and Construction Requirements: 1. Roof construction shall be Class A, non-combustible (no wood shake/shingles) material with no flat roofs. 2. Vents shall be screened with corrosive resistent wire mesh with mesh 1/4 inch maximum. 4. A drainage and erosion control plan shall be approved by the County Engineer, prior to the issuance of a building permit. 5. The Applicant shall use non-reflective roof materials and exterior finish materials which blend with the surrounding natural landscape to the greatest extent possible. v 6. _~The qse of exterior facade lighting shall be prohibitedi Only ~r th ma i n Pntry sh' > > ho "" '~ . A11 °.~? any niihlic roadwav ~jll(rAil ~iy,}r~ 7. Natural vegetation shall be preserved to the maximum extent possible, except for the "defensible space" required by wildfire mitigation measures. The existing vegetation shall be used to screen development. 8. The Applicant shall submit a landscape plan for approval by the Planning office which includes specifications for plantings which will further screen the barn, prior to the issuance of a building permit. 9. There shall be no disturbance of existing vegetation outside of the designated building envelope (development activity envelope), except for the access driveway, additional screen plantings and wildfire mitigation requirements. l0. The Applicant shall submit a Reconstruction Plan to the County Historic Preservation Officer for approval. This plan shall indicate the means to be employed to preserve the integrity of the historic resource to the maximum extent possible. 11. he Applicant must obtain Board of Adjustment approval of a variance to the front yard setback, prior to building permit submittal. 12. The Applicant shall obtain an earthmoving permit, prior to commencement of construction. 13. The Applicant shall provide documentation to the Aspen Water Department that 7-12 feet of cover over the 12-inch water main line is maintained, prior to the issuance of earthmoving or building permits. 000024 i ~ ~ • • 14. The Applicant shall submit payment of the total connection charges to the Aspen Consolidated Sanitation District, prior to the issuance of a building permit. 15. The Applicant shall be prohibited from storing chemicals, fertilizers or contaminants at this location. ATTACHMENTS: 1. Zoning office memo 2. Aspen Water Dept. comments (including letter to Jerry Cavaleri) 3. Aspen Consolidated Sanitation District comments 4. Environmental Health Departme nt comments 5. Colorado State Forest Service comments 6. Historic Preservation Officer memo 7. Building Elevation and Floor Plan drawings 8. Photos of barn 9. Site Plan memo_mcc.bara_scenic_pZ OOU025 . ~ • M E M O R A N D U M TO: Rick Magill, Planner FROM: Joanna S. Schaffner, Zoning Offic ~~~. DATE: January 11, 1995 RE: Maroon Creek Club - Various Amendments I. Maroon Creek Club Minor 1041 Hazard Review, Scenic Overlay Review & Commercial GMQS Exemption Parcel ID# 2735-244-00-076 ZONE: AFR-10, ten acre minimum lot size SETBACKS: The application does not represent how large Parcel J is, so conformance with minimum lot size cannot be determined. The Area and Bulk Requirements that were approved at Detailed Submission (Exhibit C) for this PUD, require a 100 foot front yard setback in the AFR-10 zone district. The proposed barn is located approximately 42 feet from Tiehack Road, and encroaches 58 feet into the required setback. USE: The application states that the intended use is to "store both road and grounds maintenance equipment and materials within this structure". Also the piston bulley groomer for the Nordic Ski Council will be stored here. Additionally, the barn will contain an office and bath facility. These uses are not Allowed Uses in the AFR-10 zone district. At best, if considered a garage, the structure would be accessory and is not permitted without a principal structure on the site. The land use code does not permit bathing facilities iri accessory structures, however, a sink and toilet are permitted. Please note that the barn is proposed to be located within a Common Open Space parcel. I have reviewed the Protective Covenants, the Subdivision Improvement Agreement and all resolutions of approval and have found nothing relating to uses allowed in Common Open Space. The Subdivision Improvement Agreement states: "The historic portion of the barn on the south side of the Project shall not be demolished. The barn may be moved intact or disassembled and moved to another location on or off the Project." ~~oo~~ MESSAGE DISPLAY TO Rick Magill CC Larry Ballenger CC Joanna Schaffner CC David Bellack CC Ed Van Walraven From: Phil Overeynder Postmark: Dec 28,94 10:33 AM Subject: Maroon Creek Club-Pfister Barn Relocation -------------------------------------------------- Message: The Water Dept has resolved the method of providing water service to the proposed barn but fire protection is still unresolved. PEGII has agreed to a reduced service level that will be reflected in the revised water service agreement. Hanson Const and SGM have agreed to provide a detailed drawing showing the elevation of the water line in relation to the proposed grading over the existing easement for the 12 inch line. We will withdraw our objections to issuance of this permit when "pot holing" is completed to verify that 7-12 ft of cover is maintained. Haven't heard on fire protection needs for barn?? ----------=====X=====___--- ®~~.G7 .~ MEMORANDUM TO: FROM: DATE: SUBJECT: Di:C I '~ 19y~+ RICK MAGII.L, ASPEN/PITKIN PLANNING OFFICE PHIL OVEREYNDER, WATER DIItECTOR DECEMBER 8, 1994 MAROON CREEK CLUB SCENIC OVERLAY REVIEW FOR PFISTER BARN Thank you for the opportunity to review the proposed relocation of the Pfister barn to a site approximately 400 feet north of the Tieback Pumping Station along Tiehack Road. Paragraph 3B (p.4) of the application states that "all utilities are currently planned for as part of the Maroon Creek Club PUD." This statement is not consistent with the plans submitted by the Maroon Creek Limited Liability Corporation (MCLLC) on October 20, 1994, as part of their construction drawings for water system improvements under the City of Aspen Water Service Agreement for the Maroon Creek Club PUD. It is also not clear whether any needed grading at the site will maintain sufficient cover over the existing 12-inch water transmission main located on the site. Finally, it does not appear that it will be possible to provide fire protection for the site with a 1-inch service connection. With respect to the proposed water service connection, the Aspen Water Department requested that the construction drawings for water system improvements delete the proposed utility connection for the barn to the existing 12-inch water feed line to the Tiehack Pump Station. The revised drawings submitted by MCLLC on October 20, 1994, for purposes of defining the details of water system improvements to be accepted by the City of Aspen under the Water Service Agreement noted that the proposed connection to the 12-inch water transmission main at this location was to be deleted. The rationale for this request on the part of the City is that the primary purpose of the City's facility as a water feed line to the Tiehack water tank would be severely compromised if service connections were permitted on this segment of line. This rationale is more thoroughly explained in the attached letter to Jerry Cavaleri at Hansen Construction. As summarized in that letter, reliable water service to the barn site is possible under a number of different configurations, but not as a connection to the 12-inch feed line as originally proposed. It is not clear from the proposed site plan whether the grading plan will cause any problems with respect to maintaining sufficient cover considering the existing 12-inch water main. The Water Department requires a maximum bury depth of 12 feet and a minimum of 7 feet in order to adequately maintain it's lines and to prevent freezing. Across section of the existing elevation showing the elevation of the pipeline in relation to the grading plan should be required to demonstrate adequate cover. If there is any doubt about the elevation of the pipeline in this ~~UU~B • .. vicinity, it may be necessary to "pot-hole" the line to determine its elevation. If significant questions persist regarding the elevation of the line in relation to the proposed finish grade, the Water Department will require an as-built survey of finished grade through its Water Service Agreement with MCLLC. cc: Larry Ballenger A.J. Zabbia Dave Bellack Ed Van Walraven PO:rI 0®~~~9 Y f ~ • / • December 8, 1994 Mr. Jerry Cavaleri HANSEN CONSTRUCTION INC. P.O. Box 10493 Aspen, CO 81612 THE C1Tl OF ASPEN SUBJECT: PROPOSED WATER SERVICE CONNECTIONS TO 12-INCH TANK FEED LINE -- MAROON CREEK CLUB PUD Dear Jerry: The Water Department has received two recent referrals from the Aspen/Pitkin Planning Office with respect to the proposed relocation of the Pfister Bain and two proposed comfort stations associated with the Maroon Creek Club Golf Course. A review of the plans indicates that all three water services are proposed to be connected to the 12-inch main feed line to the Tiehack Tank. Potable water service was not anticipated to this area when the water system improvements were designed. None of these proposed service connections is consistent with the most recent water system improvement plans submitted on October 20th as part of the Water Service Agreement with Maroon Creek Limited Liability Corporation (MCLLC). This letter will outline a number of alternatives available to MCLLC to provide water service to the proposed relocation of the barn and the two proposed comfort stations. Water Service Agreement Requirements No specific ECU allocation exists for any of the three proposed structures, as part of Exhibit G, to the Water Service Agreement. It will be necessary to rate each use and set up an acceptable accounting method to ensure that the total water use limitations, as measured through ECU ratings, does not exceed the total allocation provided in the Water Service Agreement. Aspen Water Department will request that MCLLC propose an accounting or allocation schedule which will ensure that these limits are satisfied. Water Service Connection Requirements None of the referenced service connections are shown on ~ the most recent water system improvement plans as revised by Schmueser Gordon Meyer on October 20, 1994. The proposed 1-inch service connection shown on the earlier 9/21/94 Schmueser Gordon•Meyer plans was noted as being deleted on the most recent plans. No other service connections to the 12-inch main for either of the proposed comfort stations were shown on the 10/20/94 Schmueser Gordon Meyer water system plans and have not been approved under the terms of the Water Service Agreement. Service connections to the 12-inch tank feed line will not provide reliable water service if the Tiehack tank is taken out of service for repair or routine maintenance if it is necessary to repair the tank feed line or associated pressure reducing valves. Work already -. _ scheduled for this area may necessitate taking this portion out of service and interrupt service to the barn or comfort stafions. MCLLC has two options' to deal with this potential service reliability issue. o O O ~ ~~ 130 SOUTH GdLENA STREET ASPEN, COLORADO H1611 '. Feoee 303.920.5000 Fax 303.920.5197 Ifinmf mi mwlM papa Jerry Cavaleri ~ • December 8, 1994 Page Two Option 1. Provide Connections to Distribution System Looped distribution systems as opposed to long deadend service lines provide increased operating flexibility and the ability to provide water from different portions of the system. Service to the proposed barn could be provided by extending the distribution system from the Tiehack Pump -Station along Tiehack Road to the barn site, effectively providing an additional source of supply to feed the barn area. Similar distribution lines could be constructed to serve both proposed comfort stations. We do not believe that the long run on the service line proposed to the comfort station will provide reliable water service at sufficient pressures or provide fire protection for any of the sites. Option 2. MCLLC Accepts,Reduced Service Level An alternative to constructing a new distribution system to portions of the site not previously planned for potable service is for MCLLC to provide a recorded document running with the land which recognizes the inherent reduced service levels provided to the proposed structures in terms of reliability, water pressure, service interruptions and the lack of fire protection from the potable system at each location. We will also require documents which make it clear that the City of Aspen accepts no ownership maintenance responsibilities for the proposed service lines. If MCLLC chooses Option 2, I will ask that you coordinate with the City Attorney's office to develop an agreement which specifies the terms under which a reduced level of service will be provided. If you wish to proceed with water service to any or all of the proposed structures, I ask that you contact A.J. Zabbia of Leonard Rice Consulting Water Engineers regarding the necessary requirements for connection to the water system. Please feel free to contact me if you have any questions regarding service to any of the three proposed sites. Sincer Phil Overeynder, ~~i`atef-Director City of Aspen, Water Department cc: Rick Magill, Aspen/Pitkin Planning Office Larry Ballenger, Water Superintendent A.J. Zabbia, Leonard Rice Consultants Ed Van Walraven, Fire Marshal Dave Bellack,, Assistant City Attorney ,. _ Dean Gordon, Schmueser Gordon Meyer PO:rI /phiUcsvale,i.mce 000031 .. ,~IW 171985 {aspen ~ovlsolidated sanitation 1~istv~ict 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Sy Kelly -Chairman Albert Bishop -Treas. Louis Popish -Secy. January J. i955 Rick i•iaeili Planning Gffice 1.30 S. i;alena Aspen. CO 81611 Re: Maroon Creek minor 1x41 Lear Rick: Michael Kelly Frank Loushin Bruce Matherly, Mgr. The proposed relocation of the Pfister barn on the Maroon Creek property wiii have minimal impact upon our system. The site will be served by a line in Tiehack Road and it is my understanding that a service line has been stubbed out to near the proposed footprint. As usual. service is contingent upon compliance and Reg_utations. which are on fife at the Service is also contingent upon compliance with Maroon Creek Club Collection System agreement. the payment of a stub out tee. This fee wiii relocation is approved. with ACSL Rules district office. the terms of the which calls for be due if this Since service is available on site, [ would request that payment of the total connection charges be required. as a condition of approval, prior to the issuance of a building permit. P'iease call if you have any questions. Sincerely. Bruce Matheriv Listrict Manager EPA AWARDS OF EXCELLENCE 1976 - 1986 - 1990 O ~ ~ ~ ; ~ REGIONAL AND NATIONAL FAX N(303) 925-2537 1 p ^ ~ • MEMORANDUM To: Rick Magill, Planning Office From: Chris Chiola, Environmental Health Department "` AsPFN.P1Trm ENVIRONM5NT 4L 1{EAI TH DFPARTMINT Through: Lee Cassin, Senior Environmental Health Officer ,1(S- Date: .January 3, 1995 Re: Maroon Creek Club 1041 Hazard Review, Scenic Overlay Review & Commercial GMQS Exemption ParcellD # 2735-244-00-076 The Aspen/Pitkin Environmental Health Department has reviewed the details of the Maroon Creek Club application under the authority of the Pitkin County Code, Title II, and has the following comments. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-205' •It is ina policy of the County to ensure that ]and is not committed to any use and that no use is inkiated without adequate evidence that a water supply of adequate quality, quantity, pressure and dependability is available to support the use intended.' The application states that the barn will be serviced by w2ter from the projects water lines. This must be documented before the issuance of the building permits. This documentation of water availability is required as defined in Section 205.2 of the Pitkin County Code. A condition: of approval for this application is that before the building permits are issued, information is needed to confirm that the barn will be serviced by .the projects water suppy lines. SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200• 'It is the policy of the County to ensure that land is not committed to any use and that no use is inkiatad without adequate evidence that facilities to collect, treat end dispose, of anticipated types end quantkies of waste water are available or can and will ba provided wkh suitable capacity, quality of discharge, suheble poiht of discharge and dependability.' The bathroom in the barn must be serviced by the sewer lines of the project. The applicant has agreed to serve the project with public sewer as provided to the project by the Aspen Consolidated Sanitation District but must provide documentation "...that the applicant and the service agency are mutually bound to the proposal and that the service agency is capable of serving the development..." as defined in Section 5-200.2 of the Pitkin County Code. ~~~~~ 130 Sourrv GrLEnA STREET AsreN, COLORADO x1611 PHONE 303.9205070 ~• FAx 303.920.5197 C,Inkd rmeryJ,d pnya ... Maroon Creek Club Minor Review 2 January 3, 1995 A condition of approval for this application is information confirming that the bam will be serviced by the sewer collection lines of the project before the issuance of the building permit. WATER QUALITY IMPACTS: Sections 2-22 and 5-107.2: •n is tna policy of tna county to presarva and protect its present water resources. To this end it is the policy of the County that no lend use be Initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which would occur at the expense of established water-dependent agricultural activities; or which would resun in increased salinization of water resources, loos of mir)Imum stream flows, further destruction of wildl'rfe habitat, or major expenditures tq reacquire or redistribute major water resources. it is also the policy of the County to maintain a natural vegetative buffer along its surface waters such that the surface and groundwaters of the area ere not encroached upon by land uses or other human activities which could cause deterioration of water quality or impair the natural treatment processes provided by meadows and wetlands.' The Environmental Health Department will be addressing water quality impacts only on down stream water quality. This application is not expected to impact down stream water quality. ' A condition of approval for this application is -None. AIR QUALITY: $eCtIOr1S 2-17 and 5-106: 'Only that development is permitted which wilt not contribute signnicantly to degradation of air quality in Pitkin County." This project is not expected to contribute significantly to air quality degradation in Pitkin County by adding a significant increase in auto traffic. A condition of approval for this application is -None. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-2 •niatne policy of the County to ensure that no use or development of land is permitted which is in violation of the laws of the County, the State of Colorado, or the United States of America.' This Department is not aware of any issues of concern regarding other environmental health laws. The following conditions of approval for this application are: 1. Documentation must be provided to confirm that the bam will be serviced by the water suppy lines and sewer collection lines of the project before the issuance of the building permits. ...BE:2]35269apa16.MCC.MlNOR.BARN 000~3r ,. Q" ~ ~` FORES'T' SERVICE State Services Building ~' 222 S. 6th S[reet, Room 416 ~~f u:'~t;, j (SR Grand Junction, Colorado 81501 9 ~ Telephone (303) 248-7325 January 3, 1995 6tuJOr[ ~ Bruce Hazzard Design Workshop 120 E. Main Aspen, CO 81611 Re: 1041 Wildfire Hazard Review for Maroon Creek Club PUD: Relocation of a Historic Resource Dear Bruce, I visited with you and Steve Crockett on the site of this proposal on December 20, 1994. We noted no significant problems with respect to wildfire hazards. The oakbrush that will be close to the proposed structure is "clumpy" already and will not require thinning other than the standard 30 foot defensible space clearance around a structure to allow fireman access to all sides of the structure. Thank you for the opportunity to comment on this proposal. Sincerely, John W. Denison District Forester cc: Steve Crockett, Pitkin Co. Sheriff's Dept. Rick Magill, Aspen/Pitkin Com. Dev. Dept,_~ OOU035 y. ~ i • MEMORANDUM TO: Rick Magill, County Planner FROM: Amy Amidon, Historic Preservation Officer RE: Maroon Creek Club PUD DATE: February 7, 1995 Staff strongly supports the applicant's decision to re-use the historic barn on this property, rather than to move it to another site. The proposed use of the barn for storage is compatible with the historic character of the barn and will result in a minimal amount of physical changes to it. In addition, the proposed site for the barn will make it at least partly visible from Highway 82, and will serve as a reminder to residents and visitors that the area was historically used for ranching. As a condition of approval, the applicant should work with Staff to determine a reconstruction plan for the structure. The applicant has suggested that their intention is to build a new framing system and the use the old siding as the cladding material. Staff is opposed to this solution as it is not true preservation of the structure. The entire barn, framing and siding should be retained, repairing or replacing material only where necessary. If the applicant were to replace the original framing entirely with new material, Staff may suggest no longer identifying this as a historic structure and it would not be eligible for a.ny special consideration it may receive as a result of preservation through the Minor 1041 and Scenic Overlay reviews requested. V •/Jv.lJ i 00003 1 ~. • .. AGENDA PITKIN COUNTY PLANNING AND ZONING COMMISSION February 21, 1995, Tuesday 4:00 P.M. /! ~~=~ p ~, ,~ yj REGULAR MEETING COMMISSIONERS MEETING ROOM COUNTY COURTHOUSE I. COMMENTS Commissioners Planning Staff Public II. MINUTES February 5, 1995 (FIILL P6Z) February 7, 1995 III. NEW BUSINESS A. Fodor 1041 Hazard Review & General Submission, Tim Malloy B. Elk Mountain Lodge Special Review, Rick Magill (to be tabled) IV. OLD BUSINESS A. Redstone Rezonings, Suzanne Konchan (FIILL P&Z) V. PUBLIC HEARINGS A. Maroon Creek Club PUD/Pfister Barn Scenic Overlay Review, Commercial GMQS Exemption & Minor 1041 Hazard Review, Rick Magill VI. ADJOURN 000039 CERTIFICATE OF MAILING RE: MAROON CREEK CLUB/PFISTER BARN SCENIC OVERLAY REVIEW, COMMERCIAL GMQS EXEMPTION 6 MINOR 1091 HAZARD REVIEW I hereby certify that on this 18th day of January, 1995, a true and correct copy of the attached Notice of Public Hearing was deposited in the United States mail, first-class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Aspen/Pitkin Planning Office by the applicant in regard to the case named on the Public Notice. By: Suzanne Wolff Administrative Assistant frm.mailing 000040 i • PIIBLIC NOTICE RE: MAROON CREER CLOB PIID/PFIBTER BARN SCENIC OVERLAY REVIEW, COMMERCIAL GMQS EBEMPTION 8 MINOR 1041 HAZARD REVIEW NOTICE I8 HEREBY GIVEN that a public hearing will be held on Tuesday, February 21, 1995 at a regular meeting to begin at 4:00 pm before the Pitkin County Planning and Zoning Commission, Commissioners' Meeting Room, Pitkin County Courthouse, 506 E. Main St., Aspen to consider an application submitted by Maroon Creek Limited Liability Co. requesting Scenic Overlay and Minor 1041 Hazard Review approval to relocate the historic Pfister Barn and Commercial GMQS Exemption for a change in use for the barn. The barn will be relocated to Common Parcel J of the Maroon Creek Club PUD. For further information contact Rick Magill at the Aspen/Pitkin Planning Office, 920-5062. s/JOdv Edwards. Jr. Chair Pitkin County Planning and Zoning Commission Published in the Aspen Times on January 20, 1995 Pitkin County Account 00113 000041 ..~, ... .~ ~,... ~,, t ~ ;, } ` ` ~,a - = ,.~ ~ r ,~ ~ .~ ~ t . .,. _:. t November 9, 1994 - - , Adjacent Landowners to Pazcel J- Common Open Space Maroon Creek Club PUD Arthur O. Pfister Elizabeth H. Pfister - P. O. Box EE Aspen, Co. 81612 Metes and Bounds City of Aspen Phil Overlender City of Aspen Water Department 130 S. Galena Aspen, Co. 81611 Metes and Bounds y#F ~ ..~~ itp nyh' *I,~ fr w ~ ...x ~, .. .- >g'~ ~{ 00004? _ ~ ~Y~::.. ~. ~. , ~.~ ~ 4 • ~ 7 y Design WarksLnp, In~~.. by: Design Workshop, Inc. 120 E. Main Street Aspen, Colorado 81611 November 9. 1994 MCC Scenic Overlay OOOL43 for Relocation of a Historic Resource within Maroon Creek Club PUD .y * • Desi~o AVurkshol,. Inu. Landscape Archilecturr Land Planning Orban Design Tourism Planning November 9, 1994 Mr. Rick Magill Community Development Office 1211 I~.. Alain tiirt•ci 130 S. Galena Street Aspen, Co. 81611 \,lu~n. Col~inulu °~1~'" Re: Maroon Creek Club PUD ~r~lclibr~nr Scenic Overlay Review/ Historic Resource ~aus va>;-ss.~+ rar5uni~o Rick: s°s "''0-1 jH' The current Owner's of Maroon Creek Club have finalized their plans relative to the reuse and location of the historic resource (Pfister Bam) as contained in the original PUD approvals for the project. BOCC Resolution No. 91-111 (Book 657, Page 312), condition no. 9 allows the resource to be reconstructed either on, or off, the property. The Applicant proposes to reconstruct the historic resource on Tract J of the I~''°"'' Maroon Creek Club PUD, a common area. Mary Lackner and I have previously Plu~rui. reviewed the approvals and can find no restriction for this location other than it requires a determination of 1041 hazards and scenic overlay approval by the County. We are submitting a request for review of the Scenic Overlay as well as a separate minor 1041 hazard review. To this end I have attached the required number of documents that indicate the precise location and existing conditions for the site chosen. This site was previously utilized as a construction staging area for the construction of the City of Aspen water tank on the adjacent parcel owned by Art Pfister, therefore it was previously disturbed and is relatively flat. Please review the application for completeness and call me when a date has been established for the Planning and Zoning Commission hearing. Respectfully, ~ . Bruce Hazzazd, Associa Planning Coordinator ~>,n~,~~ DESIGNWORKSHOP s. • Uesign Works'hofi, lur Table of Contents Cover Letter Land Use Application Site Vicinity Map (Figure 1) Final Plat (Figure 2) PART I. 1. APPLICATION: Scenic Overlay for Historic Resource 2. APPLICATION SUMMARY 3. EXHIBIT ONE: Proposed Location- Historic Resource 4. EXHIBTI' TWO: Proposed Location- Site Plan APPENDICES: 1. Proof of Ownership 2. Pre-Application Conference Summary 3. Letter of Authorization 4. Architectural Plans and Elevations 5. Adjacent Property Owners to Tract J MCC Scenic Overlay OOOQ45 _~ OWNER'S NAME ADDRESS ~ PHONE REPRESE ADDRESS PHONE PROJECT NAME ~}eE+~c CGvt.~ PROJECT LOCATION ~wI ~2 e ~~~9`~ /~"'' (Street Address and Legal Desaiption) PARCEL ID UMBER - - - LOT SIZE G •O P SENT NING Pyd EXISTING USES ON O' E~.fid~ PROPOSED USES ~ .PSG d 3 //~' ~pg ~t~j(Indude aapjpropriate squ re (ootacel DES ~ EI~GP%/O/Y HC~.`!7~/T~T/ `~C~it/!C G12~~'GPy ~'c~~F,~f~ I'~C- All information above must be completed and a copy of the pre-application conference sheet included otherwise application will be deemed incomplete. All blueline maps should be folded. - ------------------------------------------------------------- To be Completed by the Planning Office: Type of Application: _ EDU (701-15-00 sq. ft.) General Submission Caretaker Dwelling Unit (700 sq. fl. or less) Other Dwelling Unit (R{ or R-15 Zone District) lOSl Env. Hazard Review Sutc_-ais3on Review Res---ir.g Oi.:~. Scenic Overlay Special Review Subdivision Exemption _ GMQS Exemption _ Planned Unit Develccment 000046 PITKIN COUNTY - LAND USE APPLICATION FORM To Basalt Sardy Field ` Aspen Airport \ Business Center I Buttermilk S4 Vicinity Map 500' 200 0' 1000' 3000' North 1 i~ `. / Aspen Municipal I . Golf Course ~ ~`~ Aspen Tenn Red Roof Inn Club Subdivision -~-" To Aspen Tiehack S a ~O~~~t~ //. /~,.. ~~ 1 To Maroon Bells Aspen High apd Middle School Aspen Highlands Ski Area Figure 1 - ,x 3 S5,lpmg ~~ 'rj i%'Wt w~ w a ~ ~ ~~ s« _ _ ~a ~ OG L~P1 MINS` J 9 `~ iL ~~~ M~°IL.Ll.1`PS `~h k L, ~ L 3, ~ , mn yW fs -rm-., r ~ .,^ny M^'_. 3 y ~ v~ ~ \ .~ ~1~ V sY' +d+o `fi i~~ ~' W tl &y rC.\o, 3 4 Z Z ~fl]j . 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In ~ 'LLT M.U,K-WN J i is fpgZ M.2o CC <»N pp ~y~ &, 4 A 9 ~8 3 ,,,,s v R o -5d} s3 ~ ~ ^ .9S of p A p ~a L ~ fi ~r .eo Y~ { ~~ ~,^S~ r 3: o ~3a 3 ~~j~ - - ~` _- ~ oci i ~ ~ r ` i' :.. I _~ + T,y ~3 i~~l I I ~ ~ ~~ ~ ` ~ s £ ~ ~k~~s ' Eiji OOU04~ L ~ „ ~ ' x _ ~ ~, ~~ $ F ~ ~~~n ~I~t fi a „ o ~ o ~ ll ~% 11 j7 i 1 R1:1 . .. • DesiKn Workshop, Inr. PART I. APPLICATION: A request for ability to relocate an existing historic resource (Pfister Bam) within the Highway 82 Scenic Conidor and Commercial GMQS Exemption for an existing use. 2. RESIDUALS: Recorded BOCC Resolution. 3. The Applicant in previous discussions with and consistent with approvals by Pitkin County has identified a location for the historic resource (Pfister Barn) to be placed and used by the Maroon Creek Club development. The location selected falls within the Highway 82 Scenic Corridor and requires review and approval by Pitkin County. Should the requested location not be approved, the Applicant will relocate the barn off-site to a location as yet determined. The Applicant, though, feels that the structure is historically significant to the property and should be visible to the community, should be re-used on the property and should be considered exempt from the Commercial GMQS process. The proposed location is approximately .5 miles from Highway 82 (see EXHIBIT ONE) and 60 to 65 feet higher in elevation, therefore visible from the Highway from several locations, but hidden from view in others by the newly constructed landforms along the south side of the Highway. Existing vegetation will be supplemented [o assist in screening the base of the structure. The location proposed will also allow the Applicant to screen the existing clear-cut scaz created by the City of Aspen doting construction of the watE;r tank at the top of the hill adjacent to the Pfister Residence (see EXHIBIT TWO). In addition, the newly created berming along Highway 82 which was made a part of the previous approvals by Pitkin County, will provide additional screening of the location. Being that the original approvals for construction of the golf course contemplated major disturbance within the immediate scenic overlay azea of Hwy 82, the Applicant feels that the placement of the historic resource in the location requested, should fall within this pre-existing approval. The County approvals for the project strongly urged the Applicant to reconstruct the historic resource within the project limits. Since nearly 80% of the project area falls within the Scenic Overlay as defined by Pitkin County, a location that fully meets the criteria of Ordinance 90-07 is very difficult. But, the Applicant is proposing a location that- - does not break existing ridgelines - utilizes existing vegetation to screen the structure as much as possible -utilizes the proposed contouring and berms being constructed along Hwy 82 for additional screening MCC Scenic Overlay ODUU4' • Uesinn Workshop, lne -makes use of a historic resource that visually is compatible with the character and consistent with many other views within the Hwy 82 corridor - utilizes, to the extent possible, the natural topography of the proposed site - utilizes the orientation and placement of the structure to screen and visually diffuse a vegetation "clear cut" that was created by the City of Aspen during the construction of the Pfister water tank and ineffectively revegetated The Applicant is also requesting Commercial GMQS Exemption for a change in use of an existing structure within the Maroon Creek Club PUD pursuant to Section 3-1513 of the Pitkin County Land Use Code. The Applicant's request to "reconstruction" of a "legally established structure" without plans for "expansion" of floor area beyond the previously existing 4800 square feet should meet this criteria. The Historic Resource, prior to its dismantling, was utilized as general storage of materials and equipment for maintenance of the Pfister property. The Applicant's aze proposing to continue this use. Maroon Creek Club will store both road and grounds maintenance equipment and materials within this structure. The Applicant has also committed verbally to the Nordic Council, should the application be approved, to provide sufficient storage areas within the Historic Resource for their piston bulley groomer. The storage of this piece of equipment will help to facilitate the grooming of the winter cross-country trail system being fmalized with the Applicant for next season's use. While the structure will contain storage areas, a single bathroom and a small office within the existing physical size of the historic resource, it will have minimal visual impact on the community. The use of the structure will not increase the number of employees as previously anticipated for maintenance of the project as calculated in previous approvals. The structure and adjacent paved areas will accommodate an additional five vehicles excluding the interior pazking for equipment. The impacts on City and Aspen and Pitkin County services have been anticipated by the previous planning efforts and are acceptable. All utilities are currently planned for as part of the Maroon Creek Club PUD. The structure and the proposed use will not cause or create adverse affects on the local air or water quality, since no chemicals, fertilizers or contaminanu will be stores at this location. MCC Scenic Overlay 000050 :.~ ` ~; ` i,.q .. ~,,~~~ ~~„ ~ ., I ~'~ i 4~ 7 ppwa+n~,d"•~•~gr,.~ i ~I ! i ,}~` '1~' ~; ~ r ~ ~ ~,~, - _ ~- ,~ ~ ~ I 1 ~~~ ~ ~ ~' .. -~ ~ \ ~ T ~ tiV?~? ~t~~, ~~ ~ >~~.., .. .. chi- ~-~ <~ .`. ~~- ~ .. ;.~~~ ?~' ~" ; " 1 ,• - _ „~ ~ / I~ e~ \ A ` ` Il I ' ~ ~~~~~ ~1 ~ ~l 1 ~~~~ ~ ~ . ~ 6y ~ ~11~ ~ \. ~',, v~A^ ~. A i F ~\ ~`' ~i. _ ~ fit ~ ~ i ~ '~~i i ~ ~ A~\ i I~ ~~~ ~~~~~ ~ ~~ ,~I ~'_ - - ~ V ~ _ a~~, i v ~ - ~ A dpi ~ ,~ 1 ~~~~~ ~~ ~ ~ ~~~~ ~/\ y _ ~~ll - _, - ~' ~ I'x /Jill ~ ,' ,i ~ ' ~ 1 .! \ ~ r ~ ~~~ 1 ~ ~ ~ ~ ~ ~ ~~ V AA ~ -~~ ,,, ~ ~ -~ ~ , ~ ~ ~, N ~~ ~ F -~ ~~ ~ ~. 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CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY is the owner in fee simple of the following described property: COMMON PARCEL J, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. COUNTY OF PITKIN, STATE OF COLORADO. Subject to easements and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. INC. BY s CERTIFIED TO'.`~I~QH 15, 1994 (~ 8:30 A.M. 000053 TITLE VESTING TITLE: MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY LOTS 1, 2, 3, 6, 7, 8, 14, 18, 30, 32, 34, 40, 42, 44, 45, 48, 50, 51, 52, GOLF COURSE A, GOLF COURSE B, GOLF COURSE C, GOLF COURSE D, COMMON E, COMMON F, COMMON G, COMMON H, COMMON J, COMMON K, COMMON L, COMMON M, COMMON N, COMMON P, COMMON Q, COMMON R, COMMON S, AND NORTH UNDERPASS PARCEL T, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. TITLE: THE PFISTER FAMILY L.P., A COLORADO LIMITED PARTNERSHIP LOTS 4, 5, 12, 19, 25, 26, 27, 28, 29, 31, 33, 41, 44, 47, 48, 52, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. TITLE: ASPEN SKIING COMPANY, A COLORADO GENERAL PARTNESHIP Leasehold Estate as evidenced by Sublease between Aspen Skiing Company, a Colorado general partnership ("Sublessor") and Pearce Equities Group II Limited Liability Company, a Utah Limited Liability Company ("Sublessee") recorded November 12, 1993 in Book 730 at Page 579, commencing September 2, 1993 and ending December 31, 2080 or upon abandonment of the Subleased Premises. Consent to Sublease recorded November 12, 1993 in Book 730 at Page 598 and Assignment and Assumption of Sublease to Maroon Creek Limited Liability Company, a Colorado Limited Liability Company recorded November 15, 1993 in Book 731 at Page 204. Legal Description of Subleased premises: A parcel of land situated in Sections 2 and 11, Township 10 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, being more fully described as follows: Beginning at a point on the Southerly right-of-way line of Colorado State Highway No. 82 whence the Southwest corner of said Section 2 bears S 76°44'00" W 832.92 feet; thence S 46°05'43" W 751.70 feet; thence N O1°37'15" E 661.88 feet; thence N 37°02'00" E 249.40 feet to a point on the Southerly right-of-way line of said Highway No. 82; thence following said right-of-way line 504.23 feet along the arc of a curve to the left having a radius of 5,790.00 feet, the chord of which bears S 47°40'16" E 504.08 feet, to the point of beginning. AND LOT 49, MAROON CREEK CLUB SUBDIVISION, as shown on the Final. Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. 00(1[15 r, TITLE: FRIEDL PFEIFER ASPEN REAL ESTATE IRREVOCABLE TRUST NO. 1 Leasehold Estate as evidenced by Memorandum of Lease between Friedl Pfeifer Aspen Real Estate Irrevocable Trust No. 1 ("Landlord") and Maroon Creek Development Corp., a Colorado Corporation ("Tenant") recorded December 10, 1990 in Book 635 at Page 723, for a Term ending December 31, 1995. Consent and Assignment recorded December 15, 1993 in Book 735 at Page 396, and Assignment of Agreements recorded January 25, 1994 in Book 739 at Page 794. Legal Description of Leased Premises: A tract of land situate in Lot 2 of Section 2, Lot 5 of Section 11 and Lot 1 of Section 10, Township 10 South, Range 85 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at a point on the Southeasterly line of a parcel of land described in Book 338 at Page 684 of the records of the Clerk and Recorder of Pitkin County, Colorado, whence the Northwest corner of said Section 11 bears North 06°46'03" East 669.76 feet; thence North 46°05'43" East 1246.03 feet along said Southeasterly line to the Southwesterly right-of-way line of Colorado State Highway No. 82; thence 501.56 feet along the arc of a 5780.00 foot radius curve to the left, having a central angle of 04°58'19" and subtending a chord bearing South 52°40'54" East 501.40 feet along said Southwesterly right-of-way line to a point on the East line of Lot 5 of said Section 11; thence South 00°46'18" East 912.80 feet along said East line of Lot 5 to the Southeast corner of Lot 5; thence North 90°00'00" West 1225.63 feet along the South line of said Lot 5 and Lot 1 to the Southeast corner of a tract of land described in Book 264 at Page 997 of the records of the Clerk and Recorder of Pitkin County, Colorado; thence along the East boundary of said tract described in Book 264 at Page 997 the following seven (7) courses: 1) North 24°50'00" 2) North 47°05'00" 3) North 17°50'00" 4) North 44°10'00" 5) North 30°00'00" 6) North 54°15'00" 7) North 33°10'00" East West West East West West West 58.88 feet; thence 49.00 feet; thence 81.00 feet; thence 74.00 feet; thence 124.00 feet; thence 47.00 feet; thence 2.56 feet to the point of beginning. EXCEPTING FROM THE ABOVE: A tract of land situated in Sections 10 & 11, Township 10 South, Range 85 West of the 6th P.M., being more fully described as follows: Beginning at a point on the West line of said Section 11 whence the West 1/4 corner of said Section 11 bears S 00°32'10" E 1672.45 feet; thence S 89°58'10" W 6.05 feet; thence N 27°47'03" E 58.89 feet; thence N 47°00'40" W 49.01 feet; thence N 17°53'07" W 81.02 feet; OOOo.',5s i thence N 44°21'11" E 73.99 feet; thence N 29°55'54" W 124.00 feet; thence N 54°14'02" W 47.08 feet; thence N 33°04'18" W 2.32 feet; thence N 46°05'43" E 537.75 feet; thence S 37°45'00" E 734.52 feet; thence S 20°30'16" E 40.00 feet; thence S 70°54'16" W 227.93 feet; thence N 45°58'00" W 339.24 feet; thence S 55°53'00" W 54.70 feet; thence S 26°04'00" W 267.30 feet; thence S 89°58'10" W 116.23 feet to ~~ the point of beginning. TITLE: THE CITY OF ASPEN, A MIINICIPAL CORPORATION Leasehold Estate created as evidenced by Amended Short Form Lease between The City of Aspen ("Landlord") and Pearce Equities Group II Limited Liability Company, a Utah Limited Liability Company ("Tenant") recorded November 9, 1993 in Book 729 at Page 962, commencing May 7, 1993 for a term of 99 years. Legal Description of Leased Premises: A parcel of land situated in Section 2 and Section 11, Township 10 South, Range 85 West of the 6th P.M., said parcel being more particularly described as follows: Commencing at the South Quarter Corner of Section 2, a 1954 Bureau of Land Management Brass Cap in place; thence N 40°31'02" W 397.79 feet to the TRUE POINT OF BEGINNING; thence S 00°58'04" W 964.49 feet to the Northerly right-of-way of Colorado State Highway No. 82; thence N 60°51"38" W along said right-of-way (acccording to the Colorado Department of Highways Project No. 2012-B) 740.77 feet; thence continuing along said right-of-way along the arc of a curve to the right having a radius of 5680.00 feet and a central angle of 07°08'07", a distance of 707.35 feet (chord bears N 57°17'35" W 706.89 feet) to the Westerly line of Lot 21; thence leaving said right-of-way N 00°58'04" E along the Westerly line of said Lot 21 226.41 feet; thence N 02°28'04" E along the Westerly line of said Lot 21 and Lot 17, 1308.04 feet to the existing Southerly right-of-way fence of County Road No. 12-A; thence leaving said Westerly Lot line S 85°42'33" E along said Southerly right-of-way fence 7.72 feet; thence continuing along said right-of-way fence N 88°00'39" E 857.50 feet; thence S 07°16'09" W along a North-South fence and fence extended, 763.01 feet; thence S 36°21'42" E 725.00 feet to the TRUE POINT OF BEGINNING. 000050 ,. TITLE: THE MARILYN S. DEBOER REVOCABLE TRUST LOT 16, MAROON CREEK CLUB, according to the recorded November 15, 1993 in Plat Book 33 TITLE: TIEHACR DEVELOPMENT CORP. A COLORADO LOTS 20, 21, 22, 23, 24, 25, 35, 36, 37, 38 according to the Final Plat and PUD thereof Plat Book 33 at Page 4. COUNTY OF PITKIN, STATE OF COLORADO. ~~~~~~~ Pftkta Co y Itle, InC. 601 E. Hopkin Mpen. Colored 81 1 Final Plat and PUD thereof ~t Page 4. CORPORATION AND 39, MAROON CREEK CLUB, recorded November 15, 1993 in 000057 PITRIN COQNTY PRE-APPLICATION CONFERENCE SUMMARY DATE: 9/28/94 PLANNER: Rick Magill PROJECT: Maroon Creek Development Corp. Historic Barn Reconstruction APPLICANT'S REPRESENTATIVE: Bruce Hazzard REPRESENTATIVE'S PHONE: 925-8354 PROPERTY OWNER: MCDC SUMMARY 1. Type of Application: Scenic overlay 2. Describe action/type of development being requested: The Applicant is requesting approvals to reconstruct a historic barn at another location on or off the MCDC property, pursuant to Reso.#91-111. The barn will be visible from Highway 82. 3. Areas in which Applicant has been requested to respond, types of reports requested: Code Section Section: 3-604 - Scenic Overlay Referral Agencies 1. County Attorney 2. County Engineer 3. Zoning Office 4. Review is before: P&Z 5. Public Hearing: P&Z Comments 6. The applicant needs to post a sign for each public hearing pursuant to Section 4-9 of the Code. yes 7. Please submit a list of Adjacent Property Owners: yes e. The Applicant shall provide stamped, pre-addressed, letter size envelopes, with the return address of the Planning Department, for mailing to all adjacent property owners. yes 9. Number of copies of application packets to be submitted: 12 lo. Planning Office fee deposit required: $ 978.00 Referral Fees required: County Engineer $ 60.00 Environmental Health $ Housing Department $ Total Deposit: $ 1038.00 il. Anticipated date of submission: ~OQ~cJ~ . .. 12. COMMENTS/UNIQUE CONCERNS: 14. FOR A COMPLETE APPLICATION, PLEASE INCLUDE THE FOLLOWING: 1. Letter of request describing the proposed development and addressing Code Section listed above; 2. 24" x 36" Site Plan which includes proposed building envelope and building footprint, proposed access, topographic information at 2' contour intervals, proposed and existing structures and vicinity map; 3. Letter from property owner authorizing representative (1 copy only); 4. Copy of this pre-app form; 5. Application fee; 6. Agreement for Payment form (available at the front desk) (1 copy only); preaPP mcdcbarn scenic ~~~~Gn . .. Design Workshop, Inc. ~0~~~5Q APPENDIX THREE .. November 9, 1994 Mr. Rick Magill Community Development Office 130 S. Galena Street Aspen, Co. 81611 Re: Mazoon Creek Club PUD Minor 1041 Hazard Review/ Scenic Overlay- Historic Resource Rick: The current Owner's of Mazoon Creek Club have authorized Design Workshop, Inc. to represent them in the attached land use application. Respectfully%y'"~ ~~ L l Chuck Vidal Real Estate Affiliates, for Mazoon Creek Limited Liability Company ~~U~6~ h:'(91! . ..::~.j: _. _...._._. ._ • ~~ ~ y.. ,~ 'i - - ---- - ~ _ ~1 _ P '~` _ ,.,. . ~ j .. _ .___Ti_~ I / ,~x ~ a ~f~~ a o a a -- - --- -- - ~; jsy T- ;4 `£~ a:v. ~, r `P S -- /~ --c _ - :~ r_ t _., 3 ,~,; ~F~Y- ;~ ,~. ,_T -~- ---- ;:: _ ~, %~::. ~:yj I ; 1 C~?~ -~-~ I: .'F~ 1 v~i~r - i+ __~ e I '; ~5~. -- 7] ~- n. .$: _ _~. rrt. ~, a.~~ _ .. lry~`r _ .~ ;~r =u . x ~G ...,;. S .s`r ~r - - ---- ~ -- ~ ~ - ._. i _--_~ .P' i i n ; .. y ~ ~ . .- a. `,. ,, V ._ _____ ~~r7 J~(~,. 1~ .... ._ _ , ... , .. \~L__.. ,.. J._.~V ...___ l . fr °. Vincent J President ADJACENT OWNER'S STATEMENT Christina Davis Vice President Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies the following list is a current list of adjacent property owner's of the Maroon Creek Club Subdivision, as obtained from the most current Pitkin County Assessors Tax Rolls and updated to February O1, 1994. NAMES AND ADDRESSES F PITRIN COUNTY TITLE, INC. 601 E. HOPKINS, 3RD FLOOR Higens ASPEN, COLORADO 81611 303-925-1766 303-925-6527 FAX BRIEF LEGAL DESCRIPTION ~~ AUTHORIZED SIGNATURE 00006~~ ,..,,, November 9, 1994 Adjacent Landowners to Pazcel J- Common Open Space Maroon Creek Club PUD Arthur O. Pfister Elizabeth H. Pfister P. O. Box EE Aspen, Co. 81612 Metes and Bounds City of Aspen Phil Overlender Ciry of Aspen Water Department 130 S. Galena Aspen, Co. 81611 Metes and Bounds ~oU~s~ ~ - #3367~_i9/?3/91 15: ~b Rec ~. ij~j E~57 F'G 306 Silvia Davis, F'itF:in Cnty Clerk, Doc $. On RESOLIITION OF THE BOARD OF COIINTY COMMISSIONERS OF PITRZN COIINTY~ COLORADO, GRANTING APPROVAL OF DETAILED SIIBMI88ION FOR SIIBDIVIBION, 101 ENVIRONMENTAL HAZARD REVIEW, SCENIC FOREGROIIND OVERLAY REVIEW, PLANNED UNIT DEVELOPMENT, REZONING, SPECIAL REVIEW APPROVAL FOR RELOCATION OF THE RENO RADIO TOWER, LOT LINE ADJIISTMENT WITH THE ARII PROPERTY, GENERAL AND DETAILED SIIBMZSSION TO THE "GRAND AMENDMENT" PORTION OF THE APPLICATION AND AMENDMENT TO THE BIITTERMZLR SRI AREA MASTER PLAN FOR THE PFISTER RANCH/GOLF APPLICATION Resolution No. 91-~[[ WHEREAS, Maroon Creek Development Corp., hereinafter "Applicant", has applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board" for approval of Detailed Submission of 1041 Environmental Hazard Review, Scenic Foreground Overlay Review, Subdivision, Planned Unit Development, Rezoning, Special Review Approval for Relocation of the KSNO Radio Tower, General and Detailed Submission to the "Grand Amendment" portion of the application and Amendment to the Buttermilk Ski Area Master Plan pursuant to the appropriate sections of the Land Use Code; and WHEREAS, the total property (the "Project Site") is approximately 369 acres, including approximately 70 acres to be available under lease or easement to the Applicant, zoned AF-1, AF- 2 (PUD) and AF-SKI. The Project Site is located north and west of Maroon Creek on both sides of Highway 82, and includes portions of ~o~~6F #336 ~ ~8 f:'9/~3/4i 15: ~6 Rec ~. ~ii~ ~tfr.; ~? FG 307 Silvia Davis, F'itl;in Cnty Cler4::, Doc ~.OU Resolution No. 91-~[ Page 2 the Buttermilk Ski area (Tiehack), more specifically shown on Exhibit "A", vicinity map attached; and WHEREAS, the existing zoning and acreages are outlined in Exhibit "B", attached; and WHEREAS, the Applicant has submitted the application described above (the "Application") requesting approval for the following: 1. A residential and golf course development project (the "Project"). (a) Additions to the existing Grand Champions Club, including an 18 hole championship golf course with driving range, maintenance facilities, and clubhouse additions; (b) The development of 43 free-market single-family units, including 5 on the south bench, 5 on the north bench, and one (Lot 16) directly opposite the Tiehack Ski Lift, and the development of 37 free-market townhomes. The maximum square footage for the 11 homes on the north and south benches and Lot 16 shall be 10,000 square feet for each home. The maximum square footage for the homes on Lots 6-12, 19-31, 40 and 46-48 shall be 6,000 square feet. The maximum square footage for the homes on the remaining lots (Lots 32 through 39) shall be 5,500 square feet. The townhouse units shall be, at the Applicant's option, up to 148,000 square feet in total, with no individual townhouse unit to exceed 4,800 square feet. (c) Applicant has successfully competed for allocation under the County Residential Growth Management Quota System ("GMQS") for the years 1988, 1989, and 1990 and has received GMQS allocations for 51 free market units and as more fully set forth in this Resolution a GMQS replacement credit for 24 (i.e., Park Meadows) additional residential units. (d) Applicant has received a 1988 commercial GMQS approval for the golf course and 10,900 square feet of commercial building and 6,000 square feet of GMQS replacement credit (for the restaurant at Tiehack). Further, as more fully set forth in this Resolution, the Applicant has received a GMQS commercial replacement credit for 9,200 square feet (Aspen Country Inn). A total of 30,100 square feet of commercial space is to be added to the existing Club subject only to Applicant 00006'7 #~i?S 0?/~3/91 15: ~6 Fec ~. ~Pk: 657 F'C, 308 Silvia Davis, F'itkin Cnty Clerk, Doc $.00 Resolution No. 91-~ Page 3 obtaining a GMQS allotment for 4,000 additional square feet and to the conditions' of approval outlined below. Finally, as more fully set forth in this Resolution, Applicant has received a GMQS replacement credit for 12 (Aspen Country Inn) lodge units. (e) The permanent commitment of significant lands for open space (a portion of which is in the form of a golf course) and for preservation of the scenic foreground as delineated in the application, in accordance with the Pitkin County State Highway 82 Corridor Master Plan. It is the commitment of the applicant that the PUD shall never be further subdivided. (f) Intersection improvements to Highway 82 and the relocated Stage Road and Tiehack Road to provide safer automobile circulation in the area. (g) Construction of a total of 40 affordable housing units including 39 multi-family rental housing units and 1 single-family sale unit. The 39 multi-family units shall be located together in the PMH zoned area on the north side of Highway 82 as shown on the PUD detailed submission plat. The proposal includes 13 one (1) bedroom units, 13 two (2) bedrooms units, and 13 three (3) bedroom units all located in the northwest corner of the Project Site; and on the south side of Highway 82 one "for sale" unit of 1,510 square feet, four (4) bedrooms and 2-1/2 baths. The lot size shall be a minimum of 6,000 square feet. The unit shall be sold pursuant to the Housing Authority guidelines at a Category #1 sales price based on 1,100 square feet. The "for sale" unit is to satisfy the Housing Authority requirement to mitigate the displacement caused by the demolition of the Mathis unit. The Applicant shall have first choice to rent any of the housing units to employees associated with the Project as long as such employees qualify under the County Housing Authority guidelines. Twelve (12) of the two bedroom units within the multi-family complex are to mitigate the displacement of the employees now living in the Park Meadows. (h) The Buttermilk Master Plan shall be amended to allow modification approved under this resolution including improvement of ski facilities to include a relocated Ego Hill lift, relocated parking to include no less than 121 parking spaces and eliminate the restaurant at the base of Tiehack. No further amendments to the Buttermilk Master Plan shall be allowed until such time ski lift capacity is addressed. ~~~~~c~ #~3(r7~ ~JS/C3/91 i5: C6 Rec ~. ~~~~ 657 Fr 309 Silvia Davis, FitL~:in Cnty C1erL~:, Doc $.O~? Resolution No. 91-~ Page 4 (i) Infrastructure improvements for all of the above components of the Project, as delineated in the Application. 2. Rezoning of approximately 60.5 acres owned by the Applicant from AF-1, AF-2 (PUD) and AF-SKI, to AR-2,R-15 and R- 30. The remaining approximately 308.5 acres of land shall retain existing zoning, except 10.5 acres to be zoned Tourist, "T", and 5 acres to be zoned Permanent Moderate Housing, "PMH", and of such remaining lands, approximately 172.5 acres shall be used as a golf course (see Exhibit "D" PUD Plans, Sheet 1 of 55). 3. Detailed Submission and PUD approval for the entire Project subject only to obtaining a GMQS allocation for the 5 remaining residential units and 4,000 square feet of commercial space not previously granted GMQS allocation; and 4. Setbacks and lot width variations for multi- and single- family free market and PMH structures in accordance with the Bulk and Area Chart dated June 13, 1991 attached hereto as Exhibit "C". 5. Attached hereto as Exhibit "D" and made a part of the application is the Detailed Submission PUD Plan consisting of 55 sheets dated September 27, 1990, revised July 26, 1991, August 30, 1991. WHEREAS, the Planning and Zoning Commission reviewed the Application at its regularly scheduled meetings and special meetings and recommended denial to the Board of County Commissioners. The Planning and Zoning Commission did, however, forward suggested conditions if the Board felt the project warranted an approval; and WHEREAS, after review by the Planning and Zoning Commission, the Board reviewed this Application at duly noticed public hearings on April 8, May 15, and June 11, 1991, at which times evidence and testimony were presented with respect to this Application and having approved at that time procedurally the review of the "Grand Amendment", General and Detailed Submission as part of this review process; and 000069 • #336x`"8 C~9/C3/41 15:26 Fec Z.Oir Bk:. 657 F'G 310 Silvia Davis, Fitk:in Cnty Clerk:, Doc 'b.i~i~ Resolution No. 91-~ Page 5 WHEREAS, the Applicant shall receive the same score in GMQS competition in future years for benefits and amenities and other matters as it scored in the 1988, 1989 and 1990 applications; and WHEREAS, the Applicant has previously received GMQS allotments as follows: Residential• 1988 - 24 Units 1989 - 17 Units 1989 - 24 Units (Park Meadows Exemption) 1990 - 10 Units For a total of 75 Total GMQS allocations to date Commercial• 1988 - 7,500 2,900 8,000 6,000 1990 - 9.200 26,100 Lodce Rooms• ± yard golf course square foot clubhouse and starter area square foot maintenance and golf storage area square foot commercial restaurant, bar, retail (Romeo's exemption) square foot clubhouse expansion (Aspen Country Inn exemption) Total square feet GMQS allocation to date 1990 - 12 lodge rooms (Aspen Country Inn exemption) not to exceed 580 square feet each for a total of 6,960 square feet NOW, THEREFORE, SE IT RESOLVED by the Board that it does hereby grant approval of the Application for Detailed Submission for Subdivision, 1041 Environmental Hazard Review, Scenic Foreground Overlay Review, Planned Unit Development, Rezoning, Special Review approval for Relocation of the KSNO Radio Tower, Lot Line Adjustment with the Alcohol Rehabilitation Unit property ~0~~7~ #336128 093/91 15:26 Fec ffi.Oii Ek: 657 F'G 311 Silvia Davis, F'itE~in Cnty Cler•4::, Doc ~.cii~ Resolution No. 91-f,~ Page 6 (i.e., subdivision exemption approval pursuant to Section 4- 2.2(a)(2) for the lot line adjustment); and General and Detailed Submission with respect to the "Grand Amendment" portion of the Application and amendment to the Buttermilk Ski Area Master Plan, together with all variations and other requests for land use approvals requested for the Application subject to the following conditions: I. General Conditions of Approval: 1. GMQS exemptions for replacement credit for the demolition of the Aspen County Inn, Obermeyer and Aspen Country single-family unit shall be granted as follows: -- the 2 single family homes (Obermeyer and Aspen Country Inn single-family home) may be replaced on site, each on one of the newly subdivided lots at their currently existing square footage; -- approximately 9,200 square feet of commercial space from the Aspen Country Inn may be used as replacement commercial square footage proposed by the Applicant. No change in use of the commercial square footage as proposed in the application shall be allowed without an amendment to the PUD; -- 12 replacement lodge units may be transferred from the Aspen Country Inn to the Grand Champions Club. Each room shall not exceed 580 square feet for a total of 6,960 square feet. Any additional development approved as a result of this review shall be required to receive GMQS allocations (i.e., the Applicant is required to obtain a GMQS allocation for 5 of the single family homes and 4,000 square feet of commercial space). 2. Density: The overall free market units (43 39 employee PMH rental employee sale unit. residential density shall be 80 single-family, 37 townhomes), and units plus one single-family PMH ®~~7~. #336 i C8 Silvia i~ /?3/91 1 S: ~6 Fec Davis, F'itkin Cnty S. 60 Clerk, E+k: 6~ F'6 312 Doc ~.Uti Resolution No. 91-~ Page 7 3. The Tiehack parking area shall have a minimum of 121 spaces and shall be open to the public for day-time use only. Additional modifications to the Buttermilk Master Plan as shown on the detailed submission plat are approved. No additional revisions to the Buttermilk Master Plan shall be allowed by the County without adequate review of lift capacity and the transit and parking needs of Buttermilk Mountain as a whole. 4. The single-family home locations shall be rezoned to R- 15 and R-30 allowing review and approval of employee caretaker units on an individual basis pursuant to Section 3-8.13. 5. If asbestos is found in any of the existing buildings which are to be demolished, the Applicant shall comply with the Colorado State Emissions Standards for Asbestos. 6. The Applicant shall be limited to two gas log fireplaces per building as represented in the General Submission. The Applicant shall be allowed, however, to appeal to the Clean Air Board in order to provide a plan which creates less air quality impacts to the area. 7. The Applicant shall contact the Environmental Health Department for comment should mineral waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off-site is discouraged due to the possibility of excessive heavy metals being present in the soil. This is particularly pertinent to fill material on the site which has been transported from the Little Nell Ski slope. No individual multi-family unit shall exceed 4,800 square feet and the cumulative floor area for all free market multi-family units in the project shall not exceed 145,000 square feet. Floor area calculations for these units shall not include sub-surface parking. All parking for those units shall be underground. Because of the exemption of underground parking from floor area computations, the multi-family units shall not be entitled to the 750 square feet exemption for on-grade parking structures. The floor area allowed shall be calculated by the regulations in effect at the time of final plat approval. 9. The historic portion of the barn on the south side of the project shall not be demolished. It may be moved ~~U~7 #336i~~79/C3/91 15:C6 Rec ffi.i~i~ 8657 F'G 313 Silvia Davis, F'itk:in Cnty C1erL:., Doc $.p~? Resolution No. 91-jam Page 8 intact or disassembled and moved to another location on or off the Pfister Ranch property. 10. The Applicant shall comply with 404 approval for wetlands disturbance from the Army Corp of Engineers as outlined in the Army Corp letter with conditions dated March 19, 1991 and attached here as Exhibit "E". 11. In connection with the approval, the BOCC agrees and makes the following findings: a. The Applicant is leasing or acquiring 19.3 acres of the adjacent Pfeifer Parcel. The remainder of the Pfeifer parcel, other than 19.3 acres, is currently improved with one residential dwelling unit and may only be further developed upon compliance with Section 5-510 and all other applicable requirements of the Pitkin County Land Use Code. b. The Applicant is obtaining 245.4 acres of the 249.8 acre Pfister Parcel. The remaining 4.4 acre parcel is currently improved with one residential dwelling unit and may only be further developed upon compliance with Section 5-510 and all other applicable requirements of the Land Use Code. However, in accordance with BOCC Resolution 89-61, the owner of either parcel (the 245.5 or the 4.4 acres) may utilize the square footage of the three residential dwelling units (a total of 5,015 square feet) currently located on the 250 acre application parcel to build not more than three residential dwelling units totaling 5,015 square feet, if the existing units are demolished. Such replacement is subject to compliance with applicable zoning, 1041 hazard review, and other requirements of the Land Use Code. The replacement credit of 5,015 square feet is an addition to any other residential density described or approved in this resolution. c. This approval of the Pfister Ranch/Golf application shall be vested in the Applicant upon the signing of this Resolution and shall run with the land. 12. The Club use is approved pursuant to conditions found in Resolution No's. 79-26 and 83-90, and said use may be expanded and modified pursuant to this approval. 13. The public dedication of Tiehack Road, the underpass connector from Tiehack Road to relocated Stage Road and relocated Stage Road and the public right to use surface parking at the base of Tiehack Ski Area shall be shown ~~~~~~ #336~C8~9/23/91 15:^6 Rec s.6n Rk:~ F'G 314 Silvia Davis, F•itk:in-Cnty Clerk:, Doc $.ii~i Resolution No. 91-~ Page 9 on the Final Plat. Use of the Tiehack parking lot by the public shall be on a year-round, daytime basis. The dedication of Tiehack Road is for the public to access the Tiehack parking lot to reach public lands and trails over which the public may have easements. No parking of vehicles by members of the public shall be permitted on Tiehack Road. The right of the public to park cars at the Tiehack base lot shall be limited by the number of parking spaces available to the public (no less than 121 spaces shall be available at all times). Rights are reserved in Applicant to encroach upon, over or under any dedicated rights-of-way for ski lifts, signage or information structures, sidewalks, trails, utilities, bridges or tunnels, or for other purposes consistent with this approval of the project. All signage on Tiehack Road shall be installed by the Applicant, including signage by the County. The County does not accept any maintenance obligation as to Tiehack Road or the Tiehack base parking area. The County does not have the right to expand or change Tiehack Road specifications without amendment of the PUD approvals. Maintenance of relocated Stage Road (from Highway 82 to the intersection with existing Stage Road) and the underpass connector from Tiehack Road to relocated Stage Road shall be performed pursuant to an agreement between the Applicant and the County prior to issuance of permits to construct the relocated Stage Road. 14. No further subdivision of the PUD shall be allowed except in connection with the condominiumization of any elements of the project subject to obtaining any required approvals pursuant to the Pitkin County Land Use Code. 15. Zn the winter, the aerial lift, which may be constructed at Applicant's choice on Lot 16, shall be available to the public at no charge, but otherwise subject to safety and operational rules of any regulatory agency. If a lift is not constructed, an alternative means of crossing Tiehack Road will be provided for nordic skiing and pedestrians. 16. All utilities shall be placed within driveways and major roadways unless otherwise specified on the utilities master plan submitted with the detailed submission. 17. Portions of the golf course area may be used by the public at no charge in the winter as part of the nordic trail system. Specific trail locations shall be approved annually by the Applicant. Trails will avoid greens, tees and other man made features or obstacles. 00007~~ #336x2 • /^3/91 15;<6 Fec ~.i~0 gFi Silvia Davis, F'it4;in Cnt 657 PG 315 y Cler4::, Doc ~.i~~:~ Resolution No. 91-~ Page 10 18. All new trails along Highway 82 shall take the expansion of the highway into consideration when developing the specific trail alignment and design. 19. All buildings on the property requiring water and sewer service shall be provided with central water and sewer service. No individual or private systems shall be allowed within the PUD. 20. The sprinkler system for the golf course shall be supplied by a water source provided for in Applicant's agreement with the City of Aspen dated July 9, 1990. The domestic water needs of the development shall be supplied pursuant to an agreement with the City of Aspen dated July 9, 1990. 21. The Applicant shall not allow the use of poisons for rodent control except upon approval of the County via an amendment to the PUD. 22. For all buildings within the PUD, building height shall be measured pursuant to the Land Use Code provisions in effect at the time of issuance of a building permit with the exception as noted in Exhibit "C", the Bulk and Area Chart, Note ~`2. 23. All representations of the Applicant shall become conditions of approval. II. Prior to Final Plat Approval by the BOCC the Applicant shall adequately address the following: 1. The Applicant shall submit an avigation easement acceptable to the County Attorney. The relocation of the KSNO tower is approved by the County subject to further approval of the Detailed Plans and Specifications by the Pitkin County Airport Manager and FAA. 2. Prior to final plat approval, a water quality monitoring program shall be approved by the Environmental Health Department for the golf course and adjacent areas. 3. The free market townhouses will be owner-occupied and/or long term rentals for a minimum of six months with two shorter tenancies each year, and a deed restriction to this effect shall be provided prior to final plat and recorded with final plat. ~~U~7~ #3367C8~/C3/91 15:C6 Rec ~.i~ii $f::: ~ pG 316 Silvia Davis, F'itk:in Cnty Cler4::, Doc $.tii~ Resolution No. 91-~ Page 11 4. Reference is made to the lands conveyed to the County in that certain Deed recorded in Book 333 at Page 897 which is a portion of the current AABC pedestrian trail. The County shall, by special warranty deed, convey said lands to Applicant free and clear of any liens or encumbrances in exchange for a relocated AABC pedestrian trail which meets County approved trail specifications. It is the responsibility of the Applicant to relocate and construct such a trail. A lot line adjustment for the Alcohol Rehabilitation Unit facility is approved provided that: a. The Alcohol Rehabilitation Unit plat shall be amended to reflect the lot line adjustment approval. b. The approval of the Pfister Ranch/Golf application, including the Alcohol Rehabilitation Unit lot line adjustment, will not alter, amend or limit, in any manner whatsoever, any or all of the uses, exemptions and terms currently applicable to the property of Alcohol Rehabilitation Unit under Resolution 83-133 and that such uses, exemptions and terms shall continue to apply without any alteration, amendment or limitation whatsoever to the property of the Alcohol Rehabilitation Unit. 6. Prior to signature of final plat, the Applicant shall verify that there is an agreement in place with the Aspen Consolidated Sanitation District. III. In the Subdivision Improvement Agreement the Applicant shall commit to the following; 1. Prior to Final Plat or excavation permit for the project, the Applicant shall submit a SIA, including a cost estimate for infrastructure and public improvements. At this time, the Applicant shall submit security acceptable to the County Attorney and BDCC insuring the construction of the infrastructure and public improvements, and/or reclamation of the property.The Subdivision Improvements Agreement shall include a schedule for construction of improvements and associated bonding requirements. 2. The SIA shall ensure that the all ponds shall be lined to ensure water retention. The specific techniques used to ensure water retention, such as rock lined areas and floatable traps, shall be addressed in the SIA. ®~~7~3 #336r''~ ~ /2/91 15: _^b Fiec ?. ~?U B1:: ~ F'G 317 Silvia Davis, F'itk:in Cnty Cler4:_, Doc ~.~~0 Resolution No. 91-f~ Page 12 3. No proliferation of algae in any water course downstream of the development shall be allowed to occur as a result of the development. 4. The Applicant shall construct and deliver a public bus stop shelter along each side of Highway 82 at the time construction of the Stage Road/Tiehack Road underpass is completed. The Applicant is responsible for 100& of the cost of construction of the shelters. The Applicant shall design such shelters based upon recommendations from the Roaring Fork Transit Agency. 5. Nordic Trail connections shall be Applicant between the City gol Government Trail via the existing Creek to the extent they are within Overpasses, underpasses or other shall be provided where practical within the development. constructed by the f course and the trail along Maroon project boundaries. on-grade solutions to cross the roads 6. If determined necessary by the County and upon the County's written request therefor, the Applicant shall grant easements for and construct a trail easement along the south side of Highway 82, along their property boundaries. 7. When the existing AABC trail is relocated and constructed by the Applicant, it shall be upgraded to accommodate current trail standards adopted by the County and in place at the time of development. 8. Commencing after use of the existing Tiehack parking areas is no longer available, the Applicant (or Homeowners Association) shall cause to be provided van service from the base of Tiehack ski area to Rubey Park on race days and other maximum traffic days. The plan for this van service shall be submitted annually to the Planning Office on October 1 for approval. 9. Until such time as the Highway 82 pedestrian underpass described in condition #15 below is constructed, Applicant shall cause an internal van service to be provided to residents of the employee housing complex. By "internal van service," the parties mean within the Project to the Tiehack parking lot and RFTA bus stop on the south side of State Highway 82, and from residences to the Club. A plan for van service adequate to meet the needs of the residents of the employee housing complex shall be submitted annually to the Planning Office for approval on October 1. When the construction of the pedestrian underpass is completed, van service to ~~~Q7~ #C36;~09/C3/91 7.5:C6 Rec $.i~i~ g~g7 pS 318 Silvia Davis, F'it4::in Cnty C1erN::, Doc $.Ut~ Resolution No. 91-~ Page 13 the employee housing complex shall be discontinued and van service may be on an "on call" basis for the free- market units. 10. Prior to final plat approval the Applicant shall submit a temporary erosion control plan which is acceptable to the Environmental Health Department and the Engineering Department. This plan shall specifically deal with erosion concerns of the construction of the golf course and major regrading of the Tiehack area. A specific cost estimate for the erosion control plan shall be outlined and secured as part of the SIA. 11. The Applicant shall vegetate in accordance with the approved landscaping plan all areas that are disturbed by new construction and removal of any existing residence within one year after a certificate of occupancy is received for any improvements. This assurance shall be made as part of the SIA. 12. The Applicant shall be required to provide a Subdivision Improvement Agreement which includes an acceptable phasing schedule (including but not limited to landscaping, construction of public infrastructure and amenities.) The Applicant shall acquire approval from the BOCC in order to substantially amend the schedule. This would occur at a public hearing as do all amendments to a PUD. Staff may approve insubstantial amendments to the schedule. The financial assurances for all improvements shall be tied to a specific schedule. 13. The Applicant shall provide all necessary trail easements through the development in order to make access to the Government trail viable from the west side of Maroon Creek. The year-round trail easement along Maroon Creek (ditch trail) and access from the Tiehack parking lots shall link to the Government trail. Furthermore, the Applicant shall agree to a final realignment of the Government trial easement which is acceptable to the USFS and provides a connection to the existing trail from Iselin Park. 14. The Applicant shall provide 50$ (with $300,000 as a cap) of the cost of construction of a pedestrian bridge across Maroon Creek. The Applicant shall provide an easement on their property and the community shall be responsible for acquiring the easement on the Moore (east) side of the creek. The total financial commitment to construction of the bridge shall be in - place within three years of the final approval of the ~~U~7~ #336r?8~/2C/?1 15:<b Rec ~.n0 EsF::. 6~F'8 319 Silvia Davis, F'itk:in Cnty Clerk, Doc $.00 Resolution No. 91-1(1 Page 14 PUD. If construction of the bridge has not commenced within three (3) years from final approval, the Applicant shall make a $100,000 donation to the Pitkin County Open Space Board for the purchase of trails within the County in full satisfaction of its obligations hereunder. 15. The Applicant shall construct a pedestrian underpass to accommodate pedestrians in the vicinity of the employee housing complex and to serve as a trail link between the Owl Creek bike path and the AABC bike path. To complete this link and depending upon the exact location of the underpass, the County may have to obtain easements from adjacent property owners. This underpass shall be constructed at such time as the highway is widened (which is projected within the next five years). The Applicant shall be responsible for 100$ of the cost of the underpass. If, in fact, the underpass is built at the expense of another agency such as the Highway Department, the Applicant shall transfer the financial commitment to the cost of the Maroon Creek bridge. This arrangement and the projected cost of the underpass shall be outlined in the SIA. IV. Covenants: 1. The Applicant commits to require that all residential buildings incorporate the following water conservation devices in their designs: toilets (tank-type flusho- meter) per flush - 1.5 gallons; urinals per flush - 1.0 gallons; low flow shower heads. 2. An ongoing water quality monitoring program, including a schedule, shall be submitted by the Applicant and approved by Environmental Health Department and shall run with the land via the subdivision covenants. 3. Commencing after use of the existing Tiehack parking areas is no longer available, the Applicant (or Homeowners Association) shall cause to be provided van service from the base of Tiehack ski area to Rubey Park on race days and other maximum traffic days. The plan for this van service shall be submitted annually to the Planning Office on October 1 for approval. 4. No dogs shall be allowed in the employee housing complex, and any dogs on the property shall be leashed or kenneled. The Plat and/or final PUD will include a note to the effect that in approved building envelopes, no ®n~?7~ #33672 /23 /91 15:26 Fec ~.~nj PK ~ F'6 320 Silvia Davis, F'itk:in Cnty Cler4 , Doc $.~~0 __ Resolution No. 91-~ Page 15 development will be allowed on slopes exceeding 30$ with the exception of Lots 12 and 17 through 40 where any 30~ slopes shall be graded out pursuant to the approved detailed submission grading plan. 6. Grading and berming along the Highway 82 corridor on the north side shall screen major views of the clubhouse, townhomes and employee housing units, yet allow occasional open views of the golf course from Highway 82. Subject to timely review by the Board so as not to delay construction by Applicant, reasonable modifications to the grading plan may be agreed to by Applicant and the Board whereupon the grading plan shall be modified to accomplish screening and open view objectives. 7. Provided the Pomegranate East Condominiums, by a writing sufficient for such purposes, agrees, on or before recording of final plat, to abandon its existing right to access Highway 82 as granted in Deed of Easement recorded in Book 308 at Page 962, Applicant will, at its expense, at the time of the construction of the new Tiehack Road, pave any unpaved portions of that Pomegranate easement area, pave any unpaved portions of the existing parking area and provide an alternative access to Highway 82 west of the existing access at a specific location to be approved by the State Highway Department and County Engineering. When the alternative access is completed, the existing Pomegranate access to Highway 82 shall be abandoned. Should the Pomegranate East Condominiums not timely agree to abandon its right to the existing Highway 82 access, Applicant shall have no obligation to perform any of this condition and existing parking and access to Highway 82 for the Pomegranate East Condominiums will remain unchanged. 8. If, in the opinion of the State Highway Department or the county Sheriff's Department, any construction results in any unsafe traffic conditions on Highway 82, or at current Stage Road intersection, Applicant will implement appropriate traffic control measures such as signs, flagmen, or the like to mitigate such conditions to the satisfaction of the BOCC. 9. As part of the employee housing complex on the north side of Highway 82 and if an agreement satisfactory to Applicant and the County can be consummated by November 1, 1991, Applicant will construct up to ten (10) additional units; provided that the County shall, during the course of the design and construction, pay all costs (hard and soft) associated with such additional units ~~U~n~ #336f~B ~C3/91 15:C6 Fiec $.U~i HK: 6~PG 321 Silvia Davis, F'itk:in Cnty Cler4::, Doc S.UO Resolution No. 91-~ Page 16 together with all management and operation costs associated therewith. l0. The Applicant shall provide, as part of the SIA, a commitment to a water quality monitoring program, which will address the chemical treatment as well as landscaping features of the project. An ongoing monitoring schedule shall be established and run with the land via the subdivision covenants, and initial cost during construction and first 5 years of operation shall be established as part of the Subdivision Smprovement Agreement. v. Prior to Issuance of Building Permit: 1. Prior to issuance of a building permit for any underground parking structure, involving underground parking or maintenance areas, a registered ventilation engineer shall approve the design to insure that harmful levels of pollutants are not generated inside or vented outside of the structure. The Applicant shall submit a fugitive dust plan to be approved by the Environmental Health Department prior to issuance of an excavation or building permit for all portions of the project. 3. The Applicant shall obtain approval from the County Engineer for a construction/landscape license on the portion of Stage Road affected by the proposal. VI. In connection with the approval, the BoCC agrees and makes the following findings: 1. The following land use approvals, which are inconsistent with the approvals set forth in this Resolution, shall be deemed vacated and terminated: Resolution No. 81-28, Book Resolution No. 81-126, Book Resolution No. 83-72, Book Resolution No. 83-104, Book (only with respect Applicant in the Zoline Final Plat for Aspen Racquet Book 11 at Page 55 2. The following easements or shall be terminated and the vice chairman) of the BDCC such agreements as shall be 408 at Page 685 418 at Page 771 447 at Page 837 453 at Page 360 to th e interest of Foundation PUD) Club Subdivision, other agreements of record chairman (or in his absence, is authorized to enter into necessary to terminate and oooosi #3367C8 ~?93/91 i5:C6 Fec $.~~~~ B1: 65~ 322 Silvia Davis, F'itk:in Cnty Cler4:., Doc ~.~>~? Resolution No. 91-~ Page 17 extinguish of record said easements agreements: Book 343 at Page 120 Book 408 at Page 874 Book 408 at Page 881 Book 408 at Page 885 Book 431 at Page 221 Book 530 at Page 459 Book 531 at Page 213 and other 3. The following is an inventory of the existing land use approval resolutions for the Grand Champions, which resolutions shall, except as provided herein, continue in effect together with all additional square footage and uses approved in this Resolution. Resolution No. 79-26, Book 364 at Page 96 Resolution No. 83-90, Book 450 at Page 950 Reference is made to the lands conveyed to the County in that certain Deed recorded in Book 333 at Page 897 which is a portion of the current AABC pedestrian trail. The County shall, by special warranty deed, convey said lands to MCDC free and clear of any liens or encumbrances in exchange for a relocated AABC pedestrian trail which meets County approved trail specifications. It is the responsibility of the Applicant to relocate and construct such trail. 5. This approval of the Pfister Ranch/Golf application shall be vested in the Applicant upon the signing of this Resolution and shall run with the land. No party, other than Applicant (or any person receiving an assignment of all or part of Applicant's rights hereunder) and the County (or the public by and through the County), shall be a beneficiary of this Resolution. 6. As relates to this specific development proposal, the Applicant shall receive credit in GMQS competition in future years for benefits and amenities as scored in the 1988, 1989 and 1990 applications. 7. No excavation, demolition and/or grading permits shall be allowed until such time there is an adequate legal and financial agreement with the City of Aspen for a water supply, as approved by the County attorney. 8. No issuance of any building permits for the project shall be allowed until such time an adequate water supply is in place. 00(l!'^~ Ct3~6i.^.8 ii~3/91 1~:C6 Fec 'S.C~U bK 6~0 323 Silvia Davis, F'itE::in Cnty Cler4::, Doc ~.UU Resolution No. 91-~ Page 18 APPROVED by the Board at its regular meeting on June 11, 1991. BOARD OF COONTY COMMISSION OF PITRIN COIINTY, COLORADO By ~~ ~- m True, Vice-Chairman ate~~9 i49i APPROV~D AS TO FORMAS TO FORM• AP OVED AS TO CONTENT: Timo~hy Wh tsitt, Am Marger , / Coun y A t rney Pla ninq Direc~or boccreso.pfisterdnew 000083 ~, a ~, ~ ~ ,~hampl ,' I .~ j \ 'l~l~, I \,. . ~ fyy` I 7 ~ \ 1 'I< Iibex 1. I • ~ _ °Dutt rmtlk ski ';: `~ ,. Lxii[tsn~ n • ~~~~~~0~~ ~~ 5UU 2000 ~1I a~ 0 1000 3000 i'jr ~ , ~$`~rdy ~ Airp r ~,~' Ill ~ili " ' ,, ~, ~ u,'1 H,1 Ili ' ~~ ,Iald ~ Busl e~ ~~ ~ " - , ~. ~ ti ~ ,• ~ ~ 1~ _i :,, l , ~~, j i , j,, "\ - III, ~ k~~_ * v ,l. (il \ I'.\\ l( ,I, ° i I n . ~ :`- 'i d~ I \ 4~r Utn,;. Il ~ 1 t , _ ( -`~1 _ ''~''I aopke I \ ?l~ uu~t'e 7I ~ '•... O prmey ---- ~ ~y ~~},, I _ ,~ i I l ~ 1 .r~\ ~I. ',~„i. ~ ~I ~C I I w . _. , Aspen .. ,I • ~~ f~feif r~ ' y Inn Municipal `a , ~ ~~ ~' `~ ~' '~~-- 1 '''' Golf Course ~" ', l / ~~ It '~` ~ 11 .. _ ~ ,~ ~ ~ , ~ \,i~- ~ „I i Slte ,Aspen ~ Red' Roof .+i I . ~, , i , ' 1 . ~! Tennis ~`,Inrf ~~ ;. ~`~,n 'i ~ ~I ~~:~ ~ Club ;~. ~ 1,>I ' ~ ~ ~~ ' ~'; ~ .Subdivision - `„;~ .°''fo Aspen `~ ~ ~ ` i Irryr ~I '~ '~ e ,. l l ; ~ ,~lehapk~ ~ dse~in~•"As ~n Hl~jh ", ` /, ,~; ~;~Q,~,~' k1 AYpa .. ,;Park) and Middle" ~ 1, ~i ~ ~ ~~ --- 1 1/ ,', ~ ' t.,~:w :: . -, >'. ~ t ~,n' I, / ~,1 / / r/i ~ ' ~ 1 ~ ~R }•~ighl~~ids ~ / /' ~ -~ ~"~ /~ r w ~ r~ ~ ~-Sk~Area J" ,: ~ . '~;~: ~ ; . ,. - ~~, ate/ ~ I I i C r :% ~ / /r'' /~ / ~ . f I,L /, pu 1. I ~ i~ 1 , I , ~ ,I To Maroon [3ells QQ[~~g~ #336r~8 ~~9/23/91 15:6 Rec $. 00 EtK 657 F'G 324 Silvia Davis, F•itF::in Cnty Cler4;, Doc ~.~f0 RUG 27 '91 12 03 GRRFIEL~ HECHT. P. C. P.4i4 #336r~8 U9/~3/91 15: C6 Fec $.ii~~~Y 657 F'G 325 6ilvia Davis, F'it4:in Cnty Clerk:, Doc ~.Oi? EXFTIBPI~ B A. Exisring Underlying Inning -Owned Land: ~dP.e ALTt~S AF-1 102.0 Afi-2 PUD 153.0 AF-SKI ~, 299.1 B. X114 Acres AF-SKI S.4 AF-2 PUb 4~Z 70.1 *Ciry of Aspcn 45.5 Pfeifer ?~.~ 70.1 ~ 0 0 C18 ~ • /t,~Cti' `"` ~/off 7~~~ N. N ' W Of 01 A W N -~ O O m v ~c Pi • coo ~ ~ = @5 = s = ~ ~ o~ p1 ~ 3 3 ~ °- 3 , Q x 3 D ° ° a w+ ° a ~ d m,~ N c ~ N ~ ~ ~ y a m o m °' ~ ° 3 a m °i N r ~ rw ~ y 3 O ~ y y C S_ w uj ~ ~ ~ -+ W 7 ° (D m ~ u' '$ w 1 ~ ~ N 1 f/ 3. 3 ~ `° O1 3 ~ ~ w r' . C w 7 a W ~ 7 ~ ~ 3 ~ n N o A ~ ~ N O ~ O O .z 7 a (A71 t0 ~ W ~ 0 y w O fD ~ N J~ O w .~ W N p ~ j N 0 O S 7c O~ y O 7 ~' o '~ ~ A j 0 p C A O N > ~ O ~ (D d C y 3. O j 3 ~ ~ n fD ° ~ a ~ o ~ a ~ O w j ~ tG a 'n ~ o r y d O O (D y W N N O O y OOOJ8O 3 3 3 3 3 3 3 3 ~? 3 9 3 3 S O N N N ~ T 0 C o O O I $ ~ ~ m d ~ a m 3 3 t ~~ t Q D _ D _._.. :I -• D ~ ~ ~ g ~' w . ~ ~ ~ ~c w a o ~ ~ w m ~ ^ ~ o 3 o 3 °' m ~ a ° ~ c~ ~ • ~ .9 ~ a d ~ m ~' o~ ~ ~ a d. m wo ~' ~ m wo o ° '. ~ o ` ° ~ y O p v v w '~' 3 C W i c i a ~ w fD O ~ a s y (p ~ O p S C N ~ N 'O a m D v ~.n (O N ~ 7 91 y ..r N ~~ '~ o ?+ w ~ ~ ~ 0 0 0 0 N N 0 0 O O O O O O w w ~. n n ,-~ ~~ W i N N O O ~ O N O N O N O W O N W O W O O O .^A.. -~ N N W W O G N 0 N O N O W O N tT fT 0 O O O O Sl';(' (/i Rl ~ 'OOj j N ~ J 0 1 0 0 0 0 0 ~ ~ w W O O O O O C O (J1 O ' N ~ T, ~ LI w' ,v ~ ~ N O J J J J J N ; J y N D O 0 0 O O O ' O 0 0 ~~ g p O .... 3 ~ ~ 47 ~ W N + ~ N r O O N O ~. N OND fV11 J 0 O O O O p p 01 0 C $. O 3 m o o _ --! O y m~ ~~ m~ v ~_ ~ O~ Z ~ Tm i W n #~36r28 U9/?3/91 1v:26 Fec ~.c~~~ E1: 657 F'G 326 Si. 1. via Davis, F'it.k:in Cnty Cler~4::, Doc ~.0~? ASPENlPITKIN PLANNING OFFICE t 3o south Gekna sweet Aspen, Cobredo 81611 (303) 920-5090 LAND USE APPLICATION FEES CITY: GMP/Conceptual GMP/Final SUB/Conceptual SUB/Fnal All-2 Step Applications All 1 Step Applications Staff Approval Zoning Plan Check Sign Permit Use Tax for Sign Permits HISTORIC PRESERVATION: X3335-151 -63336-152 -63337-153 -6333&154 -63339-155 GMP/General GMP/Detailed GMP/Final SUB/General SUB/Detailed SUB/Foal All 2 Step Applications All 1 Step Applications Staff Approval Board of Adjustment Zoning Plan Check g. O (] REFERRAL FEES: ~ ~ ~ ~ -53360-143 Engineering -County 00115 -63340-163 Engineering - Ciry 00123 X3340-190 Housing ~-~-.J- 00125 -63340-205 Environmental HeaRh ~~ D CJ ~ PLANNING OFFICE SALES: -63080-122 County Cade -69000-145 Other (Copy Fees) /( (~ ~ 0000? o TOTAL Name: ~',.J~>~iGr~ Phone: J - `~ ~ Address: Imo/) ~ . ~~~ .,.,.. prof dLM (~J Cheek #: Date: No of Copies: ~~~ LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER