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~
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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
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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.
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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
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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`
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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.~.-.~~..
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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.
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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).
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P
T
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506 E. 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
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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
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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.
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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,
~,_
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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: