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HomeMy WebLinkAboutpitkin.planning.273511202002DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) PARCEL ID: 2735-112-02-002 DATE RCVD: ~- # COPIES: CASE NO 1979 CASE NAME:IPomegranate West Lodge Subd Exempt Planners PROJ ADDR: 38996 Hwy 82 OWN/APP: Pomegranate West ADR C/S/Z: PHN: REP: ADR:~ C/S/Z: PHN: Email Addr: ALLOCATED HOURS:~- FEES DUE: FEES RCVD: % OVER: REFERRALS REF: BY~ DUE: MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: ~- ~ No ~- BOCC Reso: 79-41 ~- ~ No ~- ~~ ~- No ~ BOCC Ord: REMARKS 2735-112-00-005 GF PZ: HRG OFF: CLOSED: ~- BY: HO INDEX: ~- ADMIN: PLAT RECORDED- PLAT (BK,PG):~ ADMIN INDEX: VR APPROVAL DATE: ~- VR EXPIRES: CASE TYP: Subd Exempt CASE TYPS: CASE TYP2: CASE TYPE: CASE TYP3: CASE TYP7: CASE TYP4: Date Scanned: 7/16/09 File .Location: Box 168 Recorded at 4:55 P.M. May 11979 ? :ta Banner Recorder ~-°v:eptiou i7o: ~ ,,~V~ _ ~ '~ ~, a RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, EXEMPTING (WITH CONDITIONS) VARIOUS LODGES AND CONDOMINIUM USES FROM THE ABATEMENT PROVISIONS OF THE PITKIN COUNTY LAND USE CODE ~~~ ~''~G~~~~ Resolution No. 79-~ WHEREAS, the Board of County Commissioners of Pitkin County, Colorado, with the adoption of its Resolution 78-23, has established a procedure for the consideration of applications for exemptions from (or increased amortization periods with respect to) the abatement provisions of the Pitkin County Land Use Code, and WHEREAS, applications for exemption or increased amortization -. periods have been received for the Holiday Inn, the Pomegranate Inn, West Lodge, Park Meadows, and Pomegranate East Condominiums, and WHEREAS, subsequent to receipt of recommendations from the Planning and Zoning Commission, the Board did, on March 26, 1979, after proper notice had been given, conduct a public hearing on these applications, and WHEREAS, upon reviewing the recommendations of the Planning and Zoning Commission and Pitkin County Planning Office, and exhibits, testimony and comments of the Applicants and members of the public, the Board has determined that 1. Each of these uses contain on-site employee housing, the loss of which will exacerbate the shortage of employee housing within Pitkin County. 2. Each of the uses has direct and serious impacts on Highway traffic safety and the scenic quality of the Highway corridor; and 3. Each of these uses lies within an airport impact and noise area; and ' WHEREAS, the Board has concluded that if the concerns itemized above are mitigated by the imposition of (and compliance with) certain conditions hereinafter enumerated, the uses should be exempted from the abatement provisions of the Pitkin County Land Use Code, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County,Colorado, that, pursuant to Section 7.12 (Resolution 78-23) of the Pitkin County Land Use f ..n. Code, that: ~ ®368 r~ct425 Holiday Inn That the Holiday Inn be exempted from the abatement provisions of Section 7.10 of the Pitkin County Land Use Code conditioned upon compliance by the Applicant with each of the following conditions: 1. The Applicant shall execute an avigation easement for the benefit of Pitkin County in (substantially) the form attached hereto as Exhibit "A". ~ 2. The Applicant shall berm and/or vegetate the area between its parking lot and Highway 82 to screen the same. Such screening shall meet the approval of the County Engineer and be completed within two (2) years of the date of this grant of exemption. 3. The Applicant shall maintain as employee housing those areas of the inn presently used for that purpose (or comparable substitutes), provided, however, that this conditioned may be waived by the Board of County Commissioners on request of the Applicant if it shall demonstrate that maintenance of employee housing on site is undesirable or infeasible. 4. The Applicant shall make,at the County's request., an appropriate dedication (without additional consideration) of its land (unimproved with structures) needed to construct a frontage road serving Highway 82. 5. The Applicant shall, on demand of the County Engineer, close any of Applicant's access points from Highway 82 if and when alternative access from Highway 82 shall become available. 6. As a condition of the enforcement of the fourth and/or fifth conditions above, the County shall permit the Applicant to participate in all County discussions of any engineering designing solutions to the Highway 82 access problems as they affect the Applicant's land. 7. As a condition of the enforcement of the fourth condition above, the County shall make a determination of what constitutes an appropriate dedication based on the equities at that time. 8. The Board may waive the requirements of sections 4 and 5 above upon the adoption by the County Engineer of a specific plan for the improvement of the intersection of Highway 82 and the Holiday Inn; and the agreement by the Applicant to such plan and the making of any dedi~c ation or contributions called for therein. Pomegranate Inn and West Lodge That the Pomegranate inrf&West Lodge be exempted from'the abatement provisions of Section 7.10 of the Pitkin County Land Use Code conditioned upon compliance by the Applicants with each of the following conditions: - 1. The Applicants shall execute an avigation easement for the benefit of Pitkin County in (substantially) the form attached hereto as "Exhibit "A". 4, i~ ~j ,.. oa~368 rr~~ 2. The Applicants shall berm and/or revegetate the area between their parking lots and Highway 82 to screen the _ same. Such screening shall meet the approval of the County Engineer and be completed within two (2) _ years of the date of this grant of exemption. 3. The Applicants shall maintain as employee housing those areas presently used for that purpose (or comparable substitutes); provided, however, that this condition may be waived by the Board of County Commissioners on request of the Applicants if they shall demonstrate that maintenance of employee housing on site is undesirable or infeasible. 4. The Applicants shall, at the County's request, make an appropriate dedication (without additional con- sideration) of its land (unimproved with structures) needed to construct a frontage road serving Highway 82. 5. The Applicants shall, on demand of the County Engineer, close any of Applicants' access points from Highway 82 when alternative access from Highway 82 shall become available. 6. As a condition of the enforcement of the fourth and/or fifth conditions above, the County shall permit the Applicants to participate in all County discussions of any engineering design solutions to the Highway 82 access problems as they affect the Applicants' land. 7. As a condition of the enforcement of the fourth condition above, .the County shall make a determination of what constitutes an appropriate dedication based on the equities at that time. 8. The Board may waive the requirements of sections 4 & 5 above upon the adoption by the County Engineer of a specific plan for the improvement of the intersection of Highway 82 and the Pomegranate Inn and West Lodge; and the agreement by the Applicants to such plan and the making of any dedications or contributions called for therein. Park Meadows That the Park Meadows be exempted from the abatement provisions of Section 7.10 of the Pitkin County Land Use Code conditioned upon compliance by the Applicant with each of the following conditions: 1. The Applicant shall execute an avigation easement for the benefit of Pitkin County in (substantially) the form attached hereto as Exhibit "A". 2. The Applicant shall maintain as employee housing those units presently used for that purpose (or comparable substitutes); provided, however, that this condition - may be waived by the Board of County Commissioners upon: request of the Applicant if it shall demonstrate that maintenance of employee housing on site is undesirable or infeasible. 3. The Applicant shall make, at the County's request, an appropriate dedication (without -additional con- sideration) of its land (unimproved with structures) necessary to construct a frontage road serving Highway 82. 4. The Applicant shall, on demand of the County Engineer, close any of Applicant's access points from Highway 82 if and when alternative access from Highway 82 shall become available. 5. As a condition of the enforcment of the third and/or fourth conditions above, the County shall permit the Applicant to participate in all County discussions of any engineering design solutions to the Highway 82'access problems as they affect the Applicant's land. 6. As a condition of the enforcement of the third condition above, the County shall make a determination of what constitutes an appropriate dedication based on the equities at that time. 7. The Board may waive the requirement's of sections 3 & 4 above upon the adoption by the County Engineer of a specific plan for the improvement of the intersection of Highway 82 and Park Meadows; and the agreement by the Applicant to such plan and the making of any dedications or contributions called for therein. Pomogranate East Condominiums That the Pomogranate East Condominiums be exempted from the abatement provisions of Section 7.10 of the Pitkin County Land Use Code conditioned upon compliance by the Applicant with each of the following conditions: - 1. The Applicant shall execute an avigation easement for the benefit of Pitkin County in (substantially) the form attached hereto as Exhibit "A". 2. The Applicant shall berm and/or revegetate the area between its parking lot and Highway 82 to screen the same. Such screening shall meet the approval of the County Engineer and be completed within two (2) years of the date of this grant of exemption. 3. The Applicant shall maintain as employee housing those areas presently used for that purpose (or comparable substitutes); provided, however, that this condition may be waived by the Board of County Commissioners on request of the Applicant if it shall demonstrate that maintenance of employee housing on site is undesirable or infeasible. 4. The Applicant shall make, at the County's request, an appropriate dedication (without additional consideration) of its land (unimproved with structures) necessary to construct a frontage road serving Highway 82. 5. The Applicant shall, on demand of the County Engineer, close any of Applicant's access points from Highway 82 if and when alternative access from Highway 82 shall become available. 6. As a condition of the enforcement of the fourth and/or fifth condition, the County shall permit the Applicant to participate in all County discussions of any en- gineering design solutions to the Highway 82 access problems as they affect the Applicant's lands. 7. As a condition of the enforcement of the fourth condition above, the County shall make a determination of what constitutes an appropriate dedication based on the equities at that time. 8. The Board may waive the requirements of sections 4 & 5 above upon the adoption by the County Engineer of a specific plan for the improvement of the irt~rsec':~.•.:n • ,,.~* ,j ,~ .. ®368 ~,,~E28 of Highway 82 and the Pomegranate East Comdominiums; and the agreement by the Applicant to such plan and making of any dedications or contributions called for therein. BE IT FURTHER RESOLVED by the Board of County Commissioners that, for the purpose of enforcing the provisions of this resolution with respect to the maintenance of existing employee housing (or comparable substitutes), the Board makes of record the following information with respect to employee housing units or areas presently maintained by each of the following Applicants: Employee Housing Units Existing in March, 1979 No. of No. of Lodges & Condominiums No. of Employees Units Beds Holiday Inn Max 100 25 (cubicles) 25 - Pomegranate Inn; Max 40-50 5 10~ ~4est Lodge Park Meadows 4 2 4 Pomegranate East Condos. 4 1 4 BE IT FURTHER RESOLVED that whenever any Applicant shall have satisfied all conditions (except continuing conditions) for the grant of an exemption from abatement, he shall notify the Board which shall, at that time, make of record a grant of exemption from abatement. Unconditional exemptions, or those conditioned solely on continuation of an existing condition(s), shall be effective as of the date of this resolution. BE IT FINALLY RESOLVED that the County Attorney shall initiate proceedings for abatement in the event the Applicant(s) shall not pursue the satisfaction of conditions for exemption in a timely manner, or shall violate any of the continuing conditions herein imposed. Approved by the Board of County Commissioners of Pitkin County, Colorado,.at its regular meeting held May 7, 1979. •< ~kSTTEST:~.' BOARD OF COMMISSIONERS :' ~ ~- ~; ~'•.' ~~;,?~~+';:`~ ~= PITKIN CO NTY, COLORADO r ( , ,•,+~ :. . ~ ~' r , ,, ~• E t ~~~~•t ~ Jo ep E. wards, ,• ;..,'•Deputy : Co~tr~~'y.; clerk C airman . ., • r ~ . ,: '~ APPROVED ,.~S TO FORM: S d at~ul~~ ~~ -c__ ('~; ~., .^y ~<, is 368 r,~ct 429 ADDENDUM to RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS EXEMPTING VARIOUS LODGES AND CONDOMINIUM USES FROM THE ABATEMENT PROVISIONS OF THE PITKIN COUNTY LAND USE CODE The Board of County Commissioners, in support of its findings and conclusions in the attached resolution, offer the following sources and authorities: In support of its findings that each of the uses contain on-site employee housing, the loss of which will exacerbate the shortage of employee housing within Pitkin County, the Board, in addition to other authorities cited, has relied on: a) "Housing Assistance Plan for Pitkin County/City of Aspen" prepared by Brian L. Goodheim, June 28, 1976. b) "The Aspen Employee Survey" prepared by Larry Simmons and Harold Stalf, Summer 1975. c) "Employee Housing in Pitkin County", prepared by Stacy Standley, 1973. d) "Draft of Study for Office of Economic Development and Policy", Section E. Housing, prepared by Brian Stafford, September, 1978. e) Aspen Village Housing Analysis" prepared by Resource Management, July, 1978. f) "Housing Impact Analysis: Silverking Condominiumization," prepared by Resource Management, May, 1978. g) "County Long-Term and Seasonal Housing" prepared by Harry Truscott, August 21, 1978. h) "Snowmass Employee/Employer Housing Survey" prepared by Resource Management, January, 1979, in support of its finding that each of the uses has direct and serious impacts on highway traffic safety and the scenic quality of the highway corridor, 'the Board, in addition to other authorities cited, has relied on: a) "Regional Transportation Plan" prepared by Alan Voorhees and Associates, July, 1973. -1- .~., ~.~. ~- ass 3G8 ~~,,~~ ,~,;~~ b) "Amendment to the Aspen Area General Plan in the Buttermilk and Roaring Fork East Areas" adopted on February 20, 1974. c) Colorado State University Environmental Resource Analysis-Report and Maps", "The Visual Resource," July 1974. d) "A Highway Safety Study-Colorado State Highway 82" prepared by Mark Skrotski, November 1976. e) "Scenic Road-A Basis for its Planning, Design and Management", U.S.F.S., U.S. Dept. of Agriculture, August, 1973, adopted by the Board of County Com- missioners by its Resolution 73-54. f) Pitkin County Design Standards and Specifications" adopted March 19.x5,_ g) State of Colorado Highway Access Permit Specifications and Regulations. h)"Colorado State Highway 82 Design Concept Study", Lawrence Halprin and Associates, June 1975. i) "A Traffic Safety Plan-Pitkin County", prepared by Leigh, Scott and Cleary, March, 1979; and accident reports subsequent to the date of this report on file in the Office of the Pitkin County Sheriff and State Highway Patrol. In support of its finding that these uses lie within air- port noise and hazard areas, the Board, in addition to other authorities cited, has relied on: a) "Master-Plan, Aspen/Pitkin County. Airport, Aspen, Colorado" prepared by Isbill and Associates, September 1974. b) Colorado State University Environmental Resource Analysis- Report and Maps", "The Airport High Hazard and Airport Medium Hazard Lines", July 1974. c) "Noise Zones and Land Use Criteria, Sardy Field", Greg Isbill and Associates, March 1971: d) "1041 Airport Hazard Designation Map", prepared by _ the Pitkin County Planning Office, 1976. -2- MEMORANDUM TO: Board of County Commissioners FROM: Richard Grice, Planning Office RE: Pomegranate Subdivision Exemption DATE: November 21, 1979 The attached application has been submitted by Herb Lkein on behalf of the owners of the Pomegranate West Lodge and requests subdivision exemption. The exemption request is for the purpose of condominiumization___Qf._the_lodsge__un.its. The Pomegranate West Lodge consists of 57 double occupancy lodge/hotel rooms,, --- a restau.rant_and other associated uses. The development is located on 15.625 _ acres of land in the AF-2 zone district. ~~ The proposal offers to meet the employee housing requirement pursuant to Section 5-300 of the Land Use Code which requires a 1 to 3 ratio of double occupancy employee rooms for double occupancy hotel rooms. In this case, the requirement would result in 14 double occupancy employee rooms which the Planning Office feels should be deed restricted to the low income PMH price guidelines. There is another alternative to satisfying Section 5-300 which the Planning Office has discussed with the applicant's attorney. The alternative would be a land donation to the County of approximately 2 acres of land to be developed under PMH zone district requirements. The site would be located behind the Pomegranate West Lodge, access off of the Tiehack Road, and presently has all necessary utilities in place. In Pat Dobie's review he pointed out that the site would be easily developable "based on the immediate availability of utilities and services, and easy accessibility to transportation." 4Je have not yet discussed the concept with the Aspen Water Department but recall their historic position regarding development west of the Maroon Creek Bridge due to the inadequacy of existing facilities. There are two other drawbacks to the concept of developing this site for employee housing, that is, impact upon Growth Management and Highway 82 Corridor goals. If the Board is interested in pursuing the concept of a land donation in lieu of compliance with Section 5-300 we would suggest you table the exemption request at this time in order to allow time to study the impacts of the alternative more fully as well as to negotiate the specific location of the new units, easements and architectural compability with the existing development. Additional comments made by Pat Dobie include a request that the plat be redrawn to show the boundaries and extent of property ownership for this joint application including and deleting the tracts along the rear property line and the road easement along the west. Pat has examined the chain of title and recent conveyances and has determined that there are approximately 16 acres associated with the exemption application and that all the previous subdivisions and condominiumizations were allowed under the then existing zoning. Bob Pelson comments that the facility is on City Water and Municipal Sewer. He does expect any additional flows as a result of this condominiumization. He anticipates that the restaurant and swimming pool which his office regulates would continue to be operated in much the same manner as is currently the case. Bob anticipates no additional problems or any changes in the basic operations that are related or regulated by the Environmental Health Department. Sandy Stuller has pointed out that the Pomegranate West Lodge has not completely complied with the conditions imposed upon them for exemption from f•9emo to BOCC Re: Pomegranate Sub. Exempt. November 21, 1979 Page Two 5. Upon request of the County Engineer any access points will be closed when alternative access becomes available. 6. Applicant will be able to participate in County discussions relating to Conditions 4 and 5. 7. Requires the County to make a determination of what constitutes an appropriate dedication as required in Condition 4 based on the equities at that time. 8. The Board has the option of waiving requirements 4 and 5 on the adoption of a specific plan for the improvement of the intersection of Highway 82 and the Pomegranate Inn and West Lodge. In summary, the application as submitted does satisfactorily address the relevant County goals and policies. There is considerable merit in accepting the immediate offering of a deed restriction guaranteeing 14 employee housing units. The continued existence of a major tourist lodge facility will be guaranteed. The unified management commitment guarantees continuation of the existing services and quality of the lodge. No additional negative land use impacts are anticipated by the proposed change in ownership. The proposal simply allows financing flexibility to the owners of the lodge. If the Board chooses to approve this application as is without considering the alternative of a land donation, we would recommend your approval be conditioned upon the resubmission and approval by the County Engineer of the plat, that plat should include tracts along the rear property line and should delete the road easement along the west. The application should not be approved at all until the Commission is satisfied that the Pomegrante West Lodge has complied to the extent possible with the conditions imposed in the exemption from abatement hearing. 8 1 ~. 4 ~ '~ f s ~ ~ ~ ~. N e. • t ., _ -. Cx . ~~ T-____ STEWART TITLE OE ASPEN, 1NC. HEREBY CERTIFIES from a. search of the books in this office that the owner of See EXHIBIT A ~ /f ~atF.« ~nyt l~ 1,:,~,~~r,.. c'oLQp-c.a ~~~ /~ ~/~b~ (}N` N~ ~ ~ ~ ~ Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of See EXHIBIT B and that the above described property appears to be subject to the following: See EXHIBIT C Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability 47}la ~'nvnr nn ona• et~tom e.,t r... e.to~„e~.i 1.~.-.~~.. ~~ ,. EXIiIBIT A PARCEL A: A tract of land situated in Lot 4, Sec. 11, Township 10 South, Range 85 West of the 6th P.M., and more fully described as follows: Beginning at the Southwest corner of said Lot 4 whence the Northwest corner of Sec. 11 bears N. 50°6' W. 1584.84 feet; thence N. 0°23' W, 922.67 feet to the South line of State Highway 82; thence S. 56°1' E. 221.87~feet along South line of State Highway 82; thence S. 58'58' E. 346.4~feet along South line of State Highway 82; thence S. 60°43' E. 896.3 feet along South line of State Highway 82; thence S. 18°9' W. 202.8 feet to South line of said Lot 4; thence N. 89°35' W, 1193.43 feet along South line of said Lot 4 to the point of beginning. EXCEPTING THEREFROM those parcels as set forth in instruments recorded in Book 237 at page 439 and in Book 307 at page 2,47. PARCEL B: A tract of land being part of the same tract as described in Book 220 at page 244 as Document No. 124 169 recorded May 5, 1966 in the County Clerk and Recorder's Office in Pitkin County, State of Colorado: Beginning at a point being 1584.84 feet South~50°06' East, and 674.93 feet South 89°35' East from the Northwest corner of Section 11, Township 10 South, Range 85 West of the 6th P.M.; thence N. 29°17' East 269.3 feet; thence South 60°43' East 450.4 feet; thence South 18°09' West 19.3 feet; thence North 89°35' West 518.5 feet to the point of beginning. PARCEL C: A parcel of land in Lot 4 of Section 11, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at a point on the South line of s;~id Lot, which is South 89°35' East 429.3 feet from the Southwest corner thereof; thence North 29°17' East 147.9 feet; thence South 60°43' East 215 feet; thence South 29°17' East 29.3 feet to a point on the South line of said Lot; thence North E9°35' West along said South line 245.6 feet to the point of beginning. EXCEPTING THEREFROM that parcel as set forth in instruments recorded in Book 244 .at page 03 and in Book 359 at page 486. PARCEL D: A parcel of land in Lot 4 of Section 11, Towr:ship~l0 South, Range 85 West of the 6th P.M., described as follows: Beginning at a point on the South line of said Lot, which is South 89°35' Last 429.3 feet from the Southwest corner thereof thence North 29°17' East 137,9 feet to the TRUE POIrT OF BEGINNING; thence North 29°17' East 240 feet; thence luorth 60°43' West 220 feet;. thence South 29°17' West 240 feet; thence South 60°43' West 220 feet to the True Point of Beginning. t~, c EX~IIBIT B PARCEL A: Aspen Grand Development Company, a Colorado corporation, by Warranty Deed recorded in Book 220 at page 244 as to the fee; and Number One Main Corporation, a Colorado corporation, as to a leasehold estate as set forth in instrurent recorded in Book 228 at page 2. PARC umber One Main Corpgration,~a Colorado corporati n, by Special Warranty ~`~~ D ed r corded n Book 37 at p e 439. P C mbe One Main orporati n, a Co orado cor oration, by Special Warranty Deed recorded in Book 242 at page 772. PARCEL D: Pomegranate West Development Company, a Colorado corporation, by Warranty . Deed recorded in Book .,244 at page 03 as to the fee; and Pomegranate Resorts, Inc., a New York corporation, as to a contract interest as set forth in instrument recorded in Book 359 at page 486. ~~: EXHIBIT C 1. Deed of Trust from Aspen Grand Development Company to the Public Trustee of Pitkin County for the use of The Small Business Administration to secure $343,382.00 dated April 30, 1966, recorded May 4, 1966 in Book 220 at page 242. Assignment of Real Estate Lease and Agreement recorded May 4, 1966 in Book 220 at page 240 (affects Parcel A). NOTE: Partial Release recorded January 27, 1969 in Book 239 at page 197. NOTE: Partial Release recorded February 10, 1970 in Book 246 at page 702. NOTE: Partial Release recorded February 10, 1970 in Book 246 at page 704. 2. Lis Pendens recorded August~21, 1970 in Book 250 at page 121 (affects Parcel D). 3. Lis Pender;s recorded September 25, 1970 in Book 250 at page 910 (affects Parcel D). 4. Deed of Trust from Number One Main Corporation, a Colorado corporation, to the Public Trustee of Pitkin County for the use of The Central Banlc and Trust Co. to secure $100,000.00 dated November 17, 1971, recorded January 7, 1972 in Book 260 at page 576 (affects Parcel A). 5. Deed of T1~ust from Pomegranate House Associates, a New York partnership, to the Public Trustee of Pitkin County for the use of First Western Mortgage Corporation of Texas to secure $200,000.00 dated August 8, 1978, recorded October 1~', 1978 in Book 356 at page 390 (affects part of Parcel B). NOTE: Assignment of above Deed of Trust to Fort Worth Mortgage Corporation, Fort Wortri, Texas, recorded October 12, 1978 in Book 356 at page 396. NOTE: Assignment of above Deed of Trust to Industrial Savings and Lo:3n Associatic:n, Fairview Heights, Illinois, recorded•December 11, 1978 in Book 359 at page 456. 6. Deed of Trust from Pomegranate West Development Company, a Colorado corporation, to the Put~lic Trustee of Pitkin County for the use of Christopher Dyer, George Hartnett, Robert Kisch, Dean Laurence, :Iohn H. McDermott, Charles Olsen, Pamela Wa'.len and William Wallen, III, ~o secure $498,700.57 dated December 11, 1978, recorded December 11, 1978 in Boolt 359 at page 484. (affects Parcel D). 7. Deed of T~~ust from Pomegranate House As~:ociates, a New York partnership, to the Put~lic Trustee of Pitkin County for the use of First National .3ank in Aspen t:o secure $200,000.00 dated June 1, 1979, recorded June 22, .1979 in Book 371 at page 295 (affects part of Parcel B). e ,y,,. . t~ ~' 1 .~ '' ~~ ~ a -- •~ V~ '•~~ ~~ , e ,~ i/ ' ~, i ;..~~1;;.. ~,. ~ ... ..,, ~,,., .,,,,~;~ ~- ~ ~ ` ~ ~ ' ~ o Lvc~ it ~' ~ .~ 1 ~ ~ ~ •, , ~ ~~ ? ~~ i ,. l~ ~~ ,. / .' ~ 1/~ / ~ ~~ •,.11•• '/ ~~ "'~ /~ ~ `cam.., 11 ~'~. .' ice. ~.` ~/~ ,. O ~~ ~ ~ ~r' (~ ) ~ ,i ~ • ..E ~ , ISO ,`, ; ,1 ~ ,~ ~~\ / /~.Y 1 ~,,'~ I •,- ~ ~ is ~~ ~~ ~, l \~~ ~ v' .'~~ i ~., g •' ~ ~' ~: ~, ~t L '~'.= G -:=~~~ , ,~ ~~ A.A i. It~.r+)t•1~!i /,•r,;vr,t 'l;-,"~''~n7~~ et ll:ft2 I'.fi, Sincr.ptlon lib. i(,'~;35 Jull:: I:,.~~c Clar1: an~i -:nc ur. dl~r ', ~~ ~ ' ~ '• ~ ` + # .. ~ . ,. .. `. , r- t ~ # . ~Ftt FCr.'tt, ;, Ju:ln P. 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Yecordp:i in ~ iat Eoo;: 1,N ` ;~~ .. _ at page ~~ '~ of s~.id recor-'.s. - _: :. hereira::ter c411F~:i °Grantor':~ p: aperL-1-", ._ ~ .~ ~~ . . - _ . . ~ ~?:apt, TY~I::;.: L~~, in car;sic;cratior; of t:~~~ sl~~ of a'c.n Dollars .. ,~ + . Ir ~ .' ($20.~~) and other_ goad an,~ va?uabl~ "ccrsiderai.io:~, the xeceipt _ " ~~ _ ~ ~-: :aril sufficiercY o: t::tic:l is hereby aor,ns:,<<?ec'~M4c' the Y+- ~ ~~ GrCt 1 0 ; ~ ~' - ~ , . .. ~ , _ .- . _ . 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MAIN STREET ASPEN, COLORADO 81611 M E M O R AN D U M TO: Richard Grice, Planning Office FROM: Patrick Dobie, County Engineer DATE: November 19, 1979 RE : Pomegranate West Lodge I have reviewed this exemption application and discussed it in depth with Mr. Klein, attorney for the applicant, and the following was deter- mined : After examining the chain of title and recent conveyances furnished by the applicant, it appears that there are approximately 16 acres associated with this exemption application and that all of the previous subdivisions and condominiumizations were allowed under the then existing zoning. -~. It was further discussed that the possibility __ exists for dedication by the applicant of undeveloped The plat will need to be redrawn to show the boun- daries and extent of property ownership for this joint application including and deleting the tracts along the rear property line and the road easement along the west. land within this tract, for the construction of new employee housing units in lieu of the required housing dedication. Should this be presented as an alternative, I would strongly recommend your consideration based upon the immediate availability of utilities and services. The development potential is good; the site is flat, and easily accessible to transportation and utilities. It would be an excellent location to construct employee housing facilities in greater numbers than could be supplied through the required dedi- cation. The specific location, easements and architectural compatability could be negotiated should this approach be deemed acceptable. RICHARD D. LAMM GOVERNOR _~.r.Y~ r~.rtv.,~ N~ \ 90 ~rf *~ *~ lgg6 ~* COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER, COLORADO 80203 PHONE (303) 839-2611 November 16, 1979 Mr. Richard Grice Aspen/Pitkin Planning Department 130 South Galena Street Aspen, CO 81611 Dear Mr. Grice: RE: POMEGRANATE WEST LODGE AND SMITH SUBDIVISION PITKIN COUNTY JOHN W. ROLD Director We have reviewed the above referenced applications and have no objection to their approval. Sincerely, ;~. u..~ . _ Walter R. Junge Engineering Geologist WRJ/gp cc: Land Use Department GEOLOGY STORY OF THE PAST ...KEY TO THE FUTURE MEMORANDUM T0: Colorado Geologic Survey. Pat Dobie, County Engineer Bob Nelson, County Sanitarian LS~'ndy Stuller, County Attorney FROM: Richard Grice, Planning Gffice RE: Pomegranate West Lodge - Subdivision Exemption DATE: October 24, 1979 Attached please find application for exemption from the definition of subdivision for the condominiumization of the Pomegranate West Lodge. This item is scheduled to come before the Board of County Commissioners on Monday, November 2b, 1979. Therefore, may I please have your written comments concerning this application nc later than Monday, ~lovember 19, 1979. Thank you. ~~ ~ ~ P I T K I N C O U N T Y 506 E. MAIN STREET ASPEN, COLORADO 81611 ,~ TO: Richard Grice, Planning Office FROM: Bob Nelson, County Sanitarian DATE: November 19, 1979 RE: Pomegranate West Lodge - Subdivision Exemption This facility is on city water and municipal sewer. No increased flows would result from the proposal. Further the restaurant and swimming pool which this office regulates should essentially be operated in the same basic manner as is currently being done. We anticipate no additional problems or any changes in the basic operations that are related or regulat- ed by this department. ~l (,~ t ,~ l~ ~' '1 /~ ,:, :- ~_~ ,+ REQUES'T' FOR EXEMPTION PROM THE DEFINITION OF StiBDZVTSION FOR THE CONDOMINIUiv1I7,11TIni1 OF Tf31J POMF.C;RAt1ATE WEST LODGE T0: Pitkin County Board of County Commissioners. FROM: Pomegranate F1est Development Company, Pomegranate .Resorts, Inc., Aspen Grand Development Company, No. 1 Main Corporation, collectively referred to as Applicant. EXEMPTION REQUEST: Section 4-2.2(x)(5) amended Sc~tember 24, 1979, and (d) Pitkin County Land Use Code. PROJECT DESCRIPTION 1. Description of Facility. The Pomegranate t9est Lodge contains fifty-seven double occupancy lodge/hotel rooms, a restaurant, bar, swimming pool area, laundry, storage, office space and a~~proximately fifteen acres of vacant land. It lies along Highway 82 directly west of the Dtaroon Creek Bridge. The lodge enjoys access directly off of Highway 82. A parking lot exists «hich provides sufficient parking 'for existing lodge guests and visitors. 2. Em1~loyee Housing. Section !:1.300 of the Pitkin County Land Use Code provides a one co three ratio of double occupancy employee rooms for double occupancy hotel rooms as a requirr~ment for the condominiumization o.f a tourist lodge facility. The Pomegranate West Lodge has fifty-seven double occu•~?ancy hotel rooms thereby yielding a requirement of fourteen double occupancy employee rooms. The Applicant proposes to utilize these employee rooms primarily for on-site employees. At the present time the lodge has twenty-six full time employees. The fourteen double occupancy employee rooms could accommodate twenty-eight employees and, ~,_ j ~ r` i App]icant would like to enter into discussions with the County in order to determine the precise r~ix of employee to tourist rooms. The Applicant is willinn to provide the full require- ment under the Code and provides the following information for support that a lower ratio would fulfill County policies and satisfy the true need f.or employee housing. A survey has been conducted with the following results: Similar Condominiumized Tourist Housed Lodges Capacity Employees Ratio Pokolodi 78 13 1 to 6 Silver Tree Lodge/ Eldorado Lodge 317 35 1 to 9 Mountain Chalet Lodge 147 20 1 to 7.4 A recent survey and study has been provided to the Planning Office which is presently under review. This study indicates that a lower ratio of employee rooms to tourist rooms is appropriate. At the present time it is believed that: the type and character of the lodge rooms do not lend them- selves to long-term housing for non-on-site employees. The conversion of existing tourist rooms to long-term residential employee roo-ns could create conflicts with the County's growth management plan as ~vell as creating certain problems of security and 'compatibility with a tourist lodge operation. Therefore, the Applicant proposes that as the review process continues for this application, the precise on-site employee housing requirements be addressed 3. Compatibility with County Goals for Maintaining Tourist Accommodations. The Applicant is sensitive to the policy of Pitkin ~f . lodge rooms. An example of such restriction would provide that owner use be limited to a maximum of thirty days during the period from December 15 through March 30; unrestricted use April 1 through June 15; thirty day maximum use June 15 through Se~?tember 7; no restriction September. 8, through December 14. A restriction of this type ,will insure that an owner who is an avid skier or summer visitor will have a sufficient opportunity to use his lodge room while preventing that room from becoming removed from the short term tourist rental market. It must be remembered that an owner/tourist who has a Droperty in the Aspen area is a staunch advocate and promoter of the Aspen resort experience. The more individuals who have a vested interest in this resort, the more Aspen will be able to maintain its competitive position relative to other resorts around the state of Colorado which are encouragi;ig condominium conversio~is of lodge units without restriction and are permitting time sharing, both utilized as methods of obtaining a re:Liable owner/tourist visitor to their communities. . b) Unified Management. The Condominium Association will contract with the present owners of the Pomegranate taest .Lodge to prov:?de management of the Ioc?ge in order to unify reservations, services and maintain ttie quality of the lodge. The Association will have the right to designate any other organization t:o run the lodge; however, only one management entity will bE~ employed at any time. There will be no visible change in the lodge operation. Owner:: will be required to utilize the management services provided. c) F.estaurant Facility. ThE: restaurant facility will be condominiumzed so that it can be maintained as a ~~~ restaurant. Thus, a hiah quality restaurant will be operated with built in economic incentives to maintain the service level for botr, lodge visitors, owner/tourists and Pitkin County residents who presently enjoy the. variety of dining opportunities in the Aspen area. d) Common Areas. Common ownership by the condominium owners (managed by the Condominium Association) is appropriate for the swimming pool, offices, laundry, storage areas, lobby and parking lot. In addition, the vacant land of approximately fifteen acres will be held in common ownership. The maintenance and repair of these areas will be managed through the Condominium Owners' Association and paid for through the collection of assessments from individual owners. This method of ownership has resulted in high quality maintenance, upkeep and management of these types of common areas. 4. Land Use Impacts. No land use impacts are antici- gated by this proposed change in ownership. No construction is proposed and, therefore, the goal~~ of the Pitkin County growth management plan will not be affected. Common ownerships of the area~~ described above will in:~ure the maintenance of . the structures and other common area;; by sharing expenses. among each owner. The viability of t:he lodge will be guaranteed by an adequate and ready resource of financing through owner assessments as may be necessary to upgrade, improve quality of services and reps:. r corlmon elerients as may be necessar~~. All utilities are presently provided and no change or i~icrease in utility services or other public services is anticipated. Road easements and access are ample for t}ie use contemplated. ~~ SUMMARY The Applicant, for the reasons stated above, respectfully requests the Board an?~rove the condoMiniumization of the Pomegranate West Lodge. The condominiumization will result in significant benefits to Pitkin County, its land use goals, economy and citizenry, The large number.of employee housing rooms created will set a fine example for future condominium conversions of lodge facilities and fulfill a real need for on-site housing of employees. Impact on public transportation will be minimized by such on-site employee housing in an area presently served by the Pitkin County bus and trail system. The viability of a major tourist lodge facility in Pitkin County will be guaranteed by condominium conversion into a form where expenses for renovations, upgradincr and repairs will be shared among many individual awner/tourists. The rates for tourist rooms will be able to be maintained on a competitive basis with other resort communities by providing an alternativA revenue supply through owner assessments.. Pitkin County land use goals are achieved by this condominium conversion as no change in use is invc~lvFd management pl-gin quotas will not be af:~ected as no structural changes or tha creation of new units ~~ill occur. The Applicant requests an inform~~l meeting and study session with the Planning Office staff" and interested Board members so th<~t any concerns of the Board may be addressed and accommodated at the earliest possible stages of the exemption process. . Respectfully submitted, SACHS, KI,EI:~ & ,SEIGLE ;~!~ ~~' MEMORANDUM T0: Colorado Geologic Survey Pat Dobie, County Engineer Bob Nelson, County Sanitarian Sandy Stuller, County Attorney FROM: Richard Grice, Planning Office RE: Pomegranate West Lodge - Subdivision Exemption DATE: October 24, 1979 Attached please find application for exemption from the definition of subdivision for the condominiumization of the Pomegranate West Lodge. This item is scheduled to come before the Board of County Commissioners on Monday, November 26, 1979. Therefore, may I please have your written comments concerning this application no later than Monday, November 19, 1979. Thank you. PITKIN COUNTY COMPZISSIONERS MEETING AGENDA November 26, 1979 " 10:00 a,m. P.H. Sheriff Non-Conforming Use, JV 10:15 _ Proposed Gift, Thomas Gilbert, SMS 10:30 ~ Wingo Junction Exemption, JV 10:45 Per Diem Food Allowance, PK 10:50 Perrault Exemption, RG 11:00. Task Force for Renewable Energy, BC, MK 11:15 Pomegranate Subdivision Exemption, RG 11:45 Resolutions and Contracts and First Readings Warrant Reading Cate Subdivision Exemption Wildrose General Submission Heineman Special Review License Agreement - Signs, SMS JY Airport Grant Amendment, TO General and Road and Bridge Fund Appropriation Second Reading, JE- ? Amendment to Sign Code, (First Reading) January 14, 1980 9:30 a.m.,SMS 4:00 Joint Meeting Wastewater Treatment Agreement 1979 Maroon Bells Bus Program, CS Extension of Highlands Bus Route, DF A-95 Colorado Congress of Senior Organizations, GM ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street ~ ~`" Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 - 63711 09009 - 00000 63712 63713 63714 63715 63716 63717 Subdivision/PUD Special Review P&Z Review Only Detailed Review Final Plat Special Approval Specially Assigned City 00100 - 63721 09009 - 00000 63722 63723 63724 63725 63726 PLANNING OFFICE SALES 00100 - 63061 09009 - 00000 63062 63063 Name: Address: Check No. Receipt No. P Conceptual Application Preliminary Application Final Application Exemption Rezoning Conditional Use County Land Use Sales GMP Sales Almanac Sales Copy Fees Other Project: ~~ Phone: Date: