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Home My WebLink Aboutpitkin.planning.273511201010DOCUMENT 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: 2735-112-01-Oi0 DATE RCVD: 7/9/1996 # COPIES:j1 CASE NO P082-96 EASE NAME: Pomegranate Condos Minor Amend Dev Permit Planners Magill Rick PROJ ADDR:I38996 Highway 82 OWN/APP: Pomegranate Condo ADR CIS/Z:~ PHN: REP: Joe Edwards ADR: 502 Main Street, Suite C/S/Z: Carbondale, CO 8162 PHN: 963-3900 Email Addr: ALLOCATED HOURS:~- FEES DUE: 450 FEES RCVD: 450 % OVER: ~- REFERRALS REF:- BY~- DUE:~- MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: ~_ N0 ~_ N0 REMARKSI CLOSED: 10/30/1996 BY: Seraina McCarty BOCC Reso: 95-200 #387187 BOCC Ord: 95-19 #388334 PZ: HRG OFF: HO INDEX: ADMIN: ~- PLAT RECORDED- PLAT (BK,PG): ADMIN INDEX: ~- VR APPROVAL DATE: ~- VR EXPIRES: CASE TYP: Minor Amend Dev Permit CASE TYP5: CASE TYP2: CASE TYPE: CASE TYP3: CASE TYP7: CASE TYP4: Date Scanned: 7/22/09 File Location; Box 168 CA5E_ AD SUMMARY SHEET - PITKIN l... ~JNTY DATE RECEIVED: 7/9/96 CASE # P 82-96 DATE COMPLETE: STAFF: r ' ~~ ~.-' PARCEL ID # 2735-112-01-010 ~ ~~'" PROJECT NAME: Pomegranate Condominiums Minor Amendment to a Development Permit Project Address: 38996 Highway 82, Aspen APPLICANT: Pomegranate Condominiums Address/Phone: REPRESENTATIVE: Joe Edwards Address/Phone: 502 Main Street, Ste 201, Carbondale ----- 963=3900 FEES: PLANNING $450 # APPS RECEIVED 1 ENGINEER $0 # PLATS RECEIVED 1 HOUSING $0 ENV HEALTH $0 TYPE OF APPLICATION: CLERK $0 Staff Approval TOTAL $450 AMT. RECEIVED $450 RE my Attorney e~- ~A oning ^ Housing ^ Environmental Health ^ Sheriff ^ Land Management ^ Risk Manager ^ Airport Manager ^ Floodplain Administrator ^ Open Space Board DATE REFERRED: ^ CO State Forest Service ^ CO Division of Wildlife ^ CO Geological Survey ^ CO Div of Water Resources ^ US Forest Service -Aspen ^ US Forest Service - Sopris ^ CDOT ^ BLM ^ Caucus: ^ Homeowners' Association ^ Other: ^ Aspen Fire ^ Basalt Fire ^ Carbondale Fire ^ Aspen Water ^ Aspen P&Z ^ Clean Air Board ^ ACSD ^ Rocky Mtn Natural Gas ^ Holy Cross Electric ^ Aspen School District ^ Other: INITIALS: r DATE DUE: ~ R '' APPROVAL: Resolution/Ordinance # Date: Staff/Hearing Officer Approval Plat/Site Plan Recorded Date: Book Page CLOSED/FILED DATE: INITIALS: ROUTE TO: r~~~r„ _ _ ~~ _ . ~ 4~r^t~! r'. ~ .; `; ':~P~If iT'r" ~'~b'T . STLt%~F~+ 1';~=~~+1 T .^-. F~.1: ~r~; I ~ !':~_iJf~lTY C;L~~t~C ~ ~~4'CiF%)~'r~ 0. 0~~1~ _ RESOLUTION OF TFiB B:31~RD QP CQ'~TNTl' L~QM7+SZS&ZODiSRfi OF PITON COVl~':'X, COZARl~DO, ORIIl4T2I4'Q IsP1'AOV1~t.L+ F'C'1R ~S#-.TOR PLAT 2f ~ SG'a~HIC Z~ORBGROLTN'D OV~t.IJ-Y R8`t'IgW FOR T88 P0~3&GR1lNh~ SJtBT 1S.F1iR6 Resolution No. 9~-,~ RLrCZTAL& 1, '^he 3oarn of Ca~,:nty Corcunissicaers cf ?itkir. Cow-~ty (herez^lafter "3oard") h.as reviewed a request by the ?omegranate ~ast .ondominium Association, b;aroor ~_eek ~:.Ti:i:.e: Liabil_ty Corcroa:.y and ?sazce E~aities .I, ~izr:.ed ~iBlJiiity Compa*_?y ;hereinafter "applicants") fcr xezor._n?, Major ?lat AFnendment anu Sce~.~ c Fo_erround C3verlay r~viek• foY the ?omeg_$nate East A~ar:.rnen~ site located ir. Fitkir. Caurty. ~. .;.:~e app'-karts have a'sc requesteG rezor~irc of the subject property `rpm A=R-~ .... AR-2. Th~s rezcnin_ request has beer. approved by the Board of Coun'~y Corc~rissioners as eviaenced b}, Orcira:lce ~ ° 5-(~ . 3. '. he pu~ose of this rea^aes~ _s ~.. ei:.rni:~ate _he non-coarcrming s `.atu_ e; t:~e multi - f ani ly use o^ t:7e property , tc add ' 8 . '' ~ c saua~e feet to the property frarr. the adjacent *~,araen Creek C~.~ub preper`y and ;,c a~iow the construction. of 1~ detached garageisto=age structT.:res. ''he project a15c Includes fi ss,ali ~j~-)'d _. ~'- -~C'I = ~ TKit`I Cell i15TY ;n'~+' r_' i.1T Resolution No . 95-,~~40 ?age 2 storage strscture to located at the east end of the park.i.ng ga=ages aid the relocatiar. of tras'r. dumps ter. 4. ^_'he property is located south o` Highway 82 on the northwest side of Maroon. Creek and is more specificalyy described in the attached "Ex':ibi_ ~" 5 . '?`he p^=opert.y _s z~ccessed cirect'_y cf. c. ::~ ghvray 62 . ~ _ ^`he Pit.;cin :'oy^.ty Planning ana Zo.__ng Corr:nission : eviewed the applica^ts request at a p,.lhlic meeting cn 3uly _E, i°9S anc~ found it to be a~eae_ally co _sistent with .he Pitk_ir_ Coun*y ?,a_~d .TSe Code and recom:ne.~ded approval to the Board with cond'_tions. 7. The hoard o~ Count}' Comrrissone~s of P_~.K:.2'i i.Oli'7tV, reviewed the apFiicants =equest at a public meeti:~g en ~eptemaer 2%, =995 Inc agar.. at a du±y noticed ?ublic Kew~_ag or. October 25, 100-, at hric r~.m°, ._estimony and evide-ice ~,as ctfered b}~ t:~e a?plican~ and the p•,:..h=ic . NOP~. ~R,S7'bR~, 8~ IT REBOLYSII ~ny the Board. of ^ounty Commiss~oz=rs t?'.at it does hereby grant Maio. Flat AmendI;~ent a.~d Scen_c r:_r=grou.-~;. C1verley Rev;ek~ app=ovGl for tae Pamearanate Nast apartments p~aperty subject y / J __ ?'._or ... "ti•- r.-~,-~= per „~_ subm_t Gn amended plat t V "r.;i tO~ ant, t:~e fcliow_ng applivac~or., ~Fle _ ~8n:1..^^.~ co:~di t i cns t:~e app_icart s:r,al_ ` cr mee ~ s the a~p_ ot-a1 Of__ce. fti~~~'~,' 16 '4~ E3~G3r^^ii P7TFCIrV rpirJ-'.' 60'~~'T. ..~ Ia,-'7G:. {.:~- 1 L,' Z~G LL1`:i I Qi; tiF: ri ^~~u ._ la' E` ~F 1 E7 ~- kesclu~ior. No. 95- Page 3 prova ng per;-.it, the aPpiicar:t s:Za11 id bu: a 2. _ : Pr;cr to nr.~.n re to be approved by = 9 l o p an cietai~en I.andscap_ ~ , be shah show haw spree.^.~ng wiles p``ice. This plan accomplished. i ermi'~ the applicant shal_ provide :~ P ~, ild n b ~ ~ u ~~: ic. to i~icat-ons foY a1i new lighting to be :~ihting p.an and spec roperty. :;igh`ing shah be 1lm~ted tc h e p ir:stalied a:^. t .- ~-- be ^c facade or landscape ~l~ Thee s ~ , :. safe*y lighting. sides (:acades `ac~r.g ~:igl.wa} ~_ west _ighting on she na-~n .. -h ~p~licant struct~~ras. If ,, e as of the proposed pace ~z) _ n r n garage e.:tries, ng ea.. i:. e iight t _ y wishes ~c insL~ll sale d units_ocated far enough dowr she ".ey must be wall mour:te s tcta' ly scree^ec from; - a source _ the gi Wa_! $O tlld~ _" ~ the ^ropert\'. F:l~ l~Ct'1t~ng c i . _ ng ~!; ghway 82 b}' Lhe landscap lso meet the.~igh~in" eta3ards in the .~anc _ixtures must a The appli"ant may aisc ~nsta.. LWG bollard type '' use Code. 3C ~_nches~:: height, alcnc the west tha: y : s, no more 1igi:t -•ovide safe`y -~ightinc =or pEr'Sa:ll3 'rva1~C:.ng r er`y line to p_ r,..cp ~ bus R- similar bcl'_Grd -fixture may be he .,ap, h ~ From s ~;, a*lci i ns`alled nea~ the =ras:7 d;:r;pster . y ~ ding ma*_erials Shall be non---e--ective and shall :x_ter~or bui 1 the e~is ti:zq r cr ~ i s go . b~ ~ fir. w~ h t..e bu-~lding -.aLeria u ~ , yell.. ~ ais to be :aec shall rnater i _ cr s__ucLure. The palette of exte: Lhe Pia:::l~ng Cf_`ice p=icr fic d d y be reviewed and approve b;;i_ing permit _ssuance. - F' t'_an si^" shall camp'v ~N._:.:': Ccu::ty 1'he proposed iaea ~i:. _ca y•• V he b d v. y . _~a^ .egulatics and shai: be reviewed and approve ~ounty Zcn~:lg Of`ici.al. E, ?ricr tc rev-_ew by Li7e 5aarQ cF jaunty Com'niss~oners, t e Ceioradc h , e applican`s sha_, provide dacamer.ta*_.or. _ro:.~ t ro~~:ne the oroposed '_ocatio:: a _ pp ~ep~"ment cf TranspcrtaL,ar. ~2 . the ;;riveway entrance c::tc H:.ghw~}' for ~~ red "d;tions s`_fecti^.g t::~s _ =operL}' ^revious~y regal „o.. k Ch ^~~: i_ e :once un_es5 spe.._ _ca~_y alterec by sr.a~~ remair. in - ~~ ~v... Llmpn-. concitions fir. tr._s , ~. o dr_ve shale- meet Co::ntti' roadwa} ': he prapcsed acc_ss s.andards. 9 F ;h race=ty shad be subject t: alp cti~er Deve_opmer. ~ o~ ~ e p -- Code ' ~ , .:^ty _n moo a ~ icable ~.unty =eqi==cements of the =:-~k pp been h ave ~: va_~.ances those req~.....remer_s fc` wr._.. ` _ ~ r c exce;~t __ ~. G `= r Resciutior. Nc. ?5-~ Paae 4 gra::ted by the Fitk~n County Board of. Adj•.:s~me.^~t pursuant tc their Duly o, 1895 meetinc. '_~~ . The Apps l:.aat Shah a^.here t0 ate ='2,fP.Senta~ ions r1~ae 1:1 *he e~cl,cation and ir. pLb~ic meetirg5. 7 '"he site c_ar. shah be re`-iseci to e=imi7ate the :.2 fco` wide LL. Driveway located between. the park_ny :garages a^d the mai^. s ~ruct'.~re. Tine pan shad aisc be revised. -c include ur: emerge: cy ca.}~ access aritie to extend from the parking area _^ •••hria~' EL, T~iiS aCCeSE Qr~ZrE 5hc".r_ •.?'~ ~eSi~::@^. SO a5 .. .. at,cid she ~-emot7al of '.Fees and sha' _ a_so be~rcorporatea i:~to the proposed landscape scheme as depicted cr. ;:he prel-r,:i::a~y :.andscape p_an rravide4 i~ ~:ie aop~ication. ^'he emercencv zccess drive shall alsc :~eet the requirements of she Fscen c ire N,arshail . ~h; s driveway s::a_i be fcr er„ergEncy aye o.:iy ana sha'i1 be ci.early marked and =estricted =or his p::rpcse - ApPRO'V~D ;:~y the t3oa=d o_` County Corunissie:~e.rs at.~ts regular *.lesting on Cotober c5, '.°Q~. avar~u ar cov~rrr co~asss=ors, F=TlCIN Cai7l1R`Y, CQLOiiADO r~ /_ Seariptte Jaass , ;; , DQp11t~y Ci+ark ss~6 Recorder i . r'ah' 1 '! + ) i ~ - G, <f~aIYJ ~ ~"I: yb~~ r'ri .cl i~ C~ 1: ~. - ~(/ Reec~uticn Ivo. °5 Page 5 Ti~t~il~'tl l AatiaQ AS TD Cam` _ u , Div. airactar AFPRQVSD AS TD lrQRld i _._---~ - Jaha ]~. Cou,"+ latta~8y c:'~s ;alrezo.~elgom,°g:anlra~.dtx fV~'o' 16 '~= 03~~:5~~'i ?_T~:If~ ~0'J'vTT GO'~~'T. •=~ `~7? b7 aa- 9`+ F'• ~ ' ~0«; 9~, :tN::3bA l~G 6 itF" E ~~ 1-%H ItSf T ~ ifiITS ., i-B, 2, 3, 9, 5, 6, 7, 8, 9, 10, Zl, 1.2, 13, 14, 15, i 6 , Ari1D .7 , BUILDING A, PdMEGRANATE FAST AFA&Ti~NTS, ACg2tDIMG TO TS~y COND4MIA*ZIIM t+II~9 Ir TFiEZEgRDS OF TBE CO~DITY :.BRK 14N~ RECORDER QF PI:'E~ CJ~7'I1', COLORADO IPt PLAT BOQlC 4 AT PAGfi 149 AND AS DEFIH$D AND DE3CRI8ED IN Tf~E COl~Dd2+IA'~IUM DfiCLARA~'IO1G Flit POMETE EAST ApAItTMF~'PS APPEARr10G T.Pt SIICH btBCO$DS IA SC7r3K 24S Ti'.' PAGE 444. COUl~'?'v OF FI:'KIffi, S'^AT$ 4F COIAFiADO ~_: TQI'; (~_ "G_ 1C~?~'~r.+ _~f-.ily ~i~l'`I"~T, r~ oRnrxAxcE ag T~ a o~ co~rY ca~zsszar~s oa' prTxrx cotn~TY, coLOR~o ~~xTrxG x~zoxrrtc s~PUOV~, FaR ~ POMEGFtAbTAT€ EAST APARTM~NT$ PROPERTY BZtrJM ~'i~'R-2 TO AR-2 QrdiA~xsvQ No . 95- ~ 7 RECr~nLs 1. "`he 3oard of County Comsr:i ssicners of Pi ticin County (here_,.after "Board") has _eciewed a request by the ?ar~egranate mast Condominium Associatio:"ir ?~;arJC^3 Creek Li.*aited I~iabiiity Co~r~~a:,y ar.d Pearce Equi t_e= ~ I, ~im~ted ?•_ah:.__t_y Company ;hereinafter "app_ica~,ts") for Rezoning Fcr the ?amegranate East i;.partment site located ter. P_tK_n County. 2. ^he applicants have regsested rezo:ing of the 2.43 acre s~...bject property _~or,~ AR-2 to =n-2. .S. Lhe appiiCd tS lid Pe d~50 re~aested and ~@en grd:7Led Md]Or ?lay Amend.*ner.L and Scenic creround Cter_2y Approval as evidenced ~y Resolution X95-~G'%~ -, . ;,~ 4. the purpose cf tais regues`~ i s to eiiri:,ate the nor.-conicrn:ing status of the mv_ti-fa~r.:.i y use on t:~e proper ty, to add ?0 75E square feet to the property _`rom the adjacent Maroon Creek Ciao property and tc amok the construction of i8 detached y^a.rage/storage st_uctures. "_'he project a~so _nc=odes a smali storage s t_uct~~ _e loca` d a ~ the ease e:.d o~ t ae garages and tae re:ocat_on o. z trash du~;pster. 5. T:^.e property _s loca'w.~d south: o` ~~ g:sway $2 0 ~:^.e northwest f r C g..v_ ..a• ~ in side o Ma oo reek an _ mc_e ..___.. ~y descr bed the ~~ - ,~ at tacaed :.~:::.bit A 6. The property is accessed d^rectly cf_` o, Y.ighway X52. 7. ~`:ne P,tk:.^ Coo::- ~° _ _anr.~nc an:; ~o;:_^ Con-niss~er. =evi ek~ec t:^.e app_ioants request a;.. a puhi~c meet~.nc on Ju,}r 18, ;995 and _`o;~nd it to be generally cons_ste.^.t wish the P_t}._.. Cour.-y Nand 'use Code and =eco:nmended a~c~~-oval to the Board k~tr conditions . 8. '"he Board fads t~la. t:~e rec-uest fo_ rezorinc _rom. ASR-2 tc hR-2 ~s co.-:sistent with the applicable reguiatiore ir. t:~e Firkin County Land ~3se Code . 3$8.534 b-8~2 P-494 lc:/ iv/gam 123:.~7G RG i Q= 3 REC DQ~ Nl BILVZA DAVZS PZTN,I~ COUtv'TY C~ERF; ~ R CORDER ~=ti `~ C?_; ' q` 1: ~ ~ ~ :.-m- _ TI~.: T Fr `i ~iJf~dT V a'~•" . OZ'alRSt21CG NO . ~~-LL Page 2 NOS, THgREFORE, SE IT QfiDAI1~D by the 3oarc t~.at ~t :^.ereby grants rezoning approval for the Pomegranate East Apartment property {as reccr.f'gured by peat amendmel' apprcved pursuant to resolution #95-~ and the property is rezoned to the AR-2 zone district. INT'RODIICED , FIRST READ , AND SET ?'"OR PUBLIC HEARING a t 411e r G 7 >' C r meeting on the 27th day of Septeznber, X9:5. AFO'IICE OF PUBLIC AEAR2NG PUH:~I3HED IN THE ASPEN TIMES or. the 2:;rd day of September, X995. APPRQV$.D Arm aDOF~ Ott AFTER SECaxD R€At3ING ~ FVSLIC ~ARrNG on the 25th day cf October, y995. I3gED AFTER ADOPTION IN TAE ASPEN TIN~3 on the //~' day cF 1995. BOARA OF COUtZTY Ct7Q~dISSIONERS OF PI^_'K22C COUbtTY , COLORADO ?Y; chae C . _.r e:ia:~d, Cha ' an ATZ'E$T : / j! /~ 9 Je~.nerte Jones, De<p::_y Ccunty ~' erk F,PFRORfED Tab 'TQ ARM Jahn %iy, Count 4 ,.o~ney ord acs rezone 386334 B-80~ ?-~g5 12/15/45 ~3:37P R8 2 Dr E~Y~f£3(T "~~•~ tTAT+'.S 1, i-3, Z, 3, 4, 5, 6, 7, B, 9, z0, ?Z, IZ, :.3, 14, I5, i 6 , AND i 7 , $D LLD II1TG A, POMEG'rZAI~'ATE EAST APA~~'~"I'8 , ACCORD iI4G TO ~'F ~ ~NDOM~'IIIM MF.P IDt ~ RECOkI?& GF T&8 QTY I~RR ADD RECJKJER OF FTTlC~bI COIINI': , COLORRDG IN PLAT BOOK 4 AT ffAGg i 0 3 AND AS DEF~itr.D AND BESCZSH~ IN '~ CQNDQI+S DECL~ATIQN FOR Pt~MEG~Ah~'*', r',,,AST AP~sRTMEt1fi:s AFFr ARZNG IN SACS FIECORDS ~ BOOR 248 AT FAGS 494. CGIIN'*Y OF FITR~i, STATE QP CpLORADG .~~ =' . c 3883.?.4 B-8~ic ~+-496 I2/! 5/95 e3 t37P R3 ~ OF 3 LAW OFFICES ~~~aC ld~.~-, ~'- ~,~35 - l~ ~-U(" ~iU HILL, EDWARDS, EDWARDS & ADKISON, L.L.C. CENTENNIAL PLAZA BUII.DING 502 MAIN STREET, SUITE 201 CARBONDALE, COLORADO 81623 THOMAS C. HILL TELEPHONE JOSEPH E. EDWARDS, JR, P.C. (970) 963-3900 JOSEPH E. EDWARDS, III, P.C. FACSIMILE THOMAS L ADKISON (970) 963-3131 ,~~ June 30, 1996 f,R < ~ .A+~ ~l Cindy Houben, County Director Community Development Department 130 South Galena Aspen, CO 81611 Re: Pomegranate Condominiums, formerly known as Pomegranate East Apartments, according to the Condominium Map recorded in Plat Book 4 at Page 109 and as defined and described in the Condominium Declaration for Pomegranate East Apartments recorded in Book 248 at Page 494 of the records of Pitkin County, Colorado; Minor Amendment to Pitkin County Ordinance No. 95-19 and Pitkin County Resolution No. 95-200 Dear Cindy: I represent the Pomegranate Condominiums, which were formerly known as the Pomegranate East Apartments ("Pomegranate"). The Pitkin County Board of County Commissioners approved Ordinance No. 95-19, which is recorded in Book 802 at Page 494 of the Pitkin County records, and Resolution No. 95-200, which is recorded in Book 799 at Page 160 of the Pitkin County records, both of which relate to Pomegranate and the Maroon Creek Club. Ordinance No. 95-19 granted rezoning approval for Pomegranate from AFR-2 to AR-2. Resolution No. 95-200 granted approval for major plat amendment and scenic foreground overlay review for Pomegranate. For your reference, enclosed is a copy of each. The purpose of this letter is to request a minor amendment to a development permit pursuant to § 3- 200.80, Pitkin County Land Use Code ("Code"). Section 3-200.80 of the Code is not applicable to amendments of plats. We do not seek amendment of a recorded Plat, only amendment of the development permit which authorizes the recording of an amended plat in the future. At this time, the Amended Plat contemplated by Resolution No. 95-200 has not been recorded. Therefore, the procedures of Code § 3-200.80 are applicable. Paragraph 4 of the recitals of Ordinance No. 95-19 and paragraph 3 of the recitals of Resolution No. 95-200 each state that the purpose of the land use application is, among other things, "to add Cindy Houben, Director June 30, 1996 Page 2 78,756 square feet to the property from the adjacent Maroon Creek Club property. One of the primary purposes of the land use application was to allow an exchange of land pursuant to which Pomegranate is to transfer a small triangular parcel of land to Maroon Creek, L.L.C. and Maroon Creek is to transfer a larger parcel to Pomegranate. The recitals indicate only a transfer from Maroon Creek to Pomegranate. It is intended, and the original Application references, that an exchange of lands will occur. Further, since we now have the legal descriptions for the Amended Plat, we have discovered that the net increase in land area to Pomegranate will be 83,713.61 square feet. Also, the representatives of Maroon Creek have requested a minor addition to the language which simply confirms the small land exchange will not impact the Maroon Creek approvals. I request that, pursuant to Code § 3-200.80, you approve amendment of paragraph 4 of the recitals of Ordinance No. 95-19 and paragraph 3 of the recitals of Resolution No. 95-200 so that the first sentence of each such recital (which are substantially identical) shall be replaced with the following: The purpose of this request is to eliminate the non- conforming status of the multi-family use on the property, to allow an exchange of properties between Pomegranate and the adjacent Maroon Creek Club property which will result in the net addition of approximately 83,713.61 square feet to the Pomegranate property from the Maroon Creek Club property, and to allow the construction of 18 detached garage/storage structures. Additionally, the reduction of 83,713.61 square feet from the Maroon Creek Club property will not affect any of the densities, square footages, number of units, or design standards or any of the conditions of the land use approvals for Maroon Creek Club as set forth in the Final Subdivision Plat and PUD thereof recorded in Plat Book 33 at Page 4 of the real estate records of Pitkin County, Colorado. The requirements of § 3-200.80 are addressed as follows: A. The amendment must be a clarification or a technical correction to a plat. The proposed amendment is a clarification to a development permit which authorizes the recording of an amended plat. B. The amendment must not change the use of the proposed development between residential, commercial and tourist Cindy Houben, Director June 30, 1996 Page 3 accommodation uses. The proposed amendment does not change any proposed development. C. The amendment must be consistent with action taken during review of the original development and does not constitute a new development activity. The purpose of the amendment is to more accurately reflect the action which was taken during review of the original development and does not constitute a new development activity. D. The proposed activity does not: 1. Change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; The proposed amendment does not in any way affect the use of the land, including visual appearance and method of operation. 2. Increase offsite impacts in the surrounding neighborhood; The proposed change does not increase offsite impacts. 3. Endanger the public health, safety or welfare; The proposed change does not endanger the public health, safety or welfare. 4. violate any Land Use Code standard; This proposed change does not violate any Land Use Code standard. 5. Substantially increase the need for onsite parking or utilities, or affect affordable housing generation; and The proposed change has no effect on onsite parking, utilities or affordable housing. 6. Increase the floor area of the use by more than 2~ or decrease the open space on the site by more than 3~. The proposed change does not increase the floor area Cindy Houben, Director June 30, 1996 Page 4 of the use, and the change increases the open space on the site. The existing floor area plus the proposed floor area for the garages and storage areas approved by Ordinance No. 95-19 and Resolution No. 95-200 is not proposed to be changed in any way by this minor amendment. However, the minor amendment affects the theoretical floor area allowed on the site, since the amendment increases the gross lot area. The increase in gross lot area proposed by this minor amendment is 4,957.61 square feet (83,713.61 minus 78,756). The floor area ratio in the AR-2 zone district is .36 (§ 3- 40.140(E)(10), Code). A portion of the new lot area is to be covered by a private access right of way. The Code definition of lot area requires an exclusion for any "areas within any public or private access right of way." When the original Application was filed and approved, no deduction was made for the lot area covered by the access easement (of course, at that time, the area covered by the easement was not known). See pages 36, 37 and 38 from the Application enclosed herewith. I have highlighted the relevant portions for your reference. In the application, it was contemplated that there was a theoretical floor area expansion of 5,802 feet. The maximum allowable floor area contemplated for the site was 38,061 square feet, and the total existing and currently proposed floor area, including garage and storage facilities, is to be 32,259 square feet. No deduction was made for the lot area encumbered by the easement. Thus, the approvals were granted under the assumption of a theoretical expansion of floor area of 5,802 square feet. I have enclosed for your reference copies of the legal descriptions prepared for us by Steve Ehlers of Schmueser Gordon Meyer. These are labeled Original Pomegranate Legal, New Overall Pomegranate Legal, and Road Easement (that portion located within the New Overall Pomegranate Legal). These legal descriptions contain acreages which may be converted into square footages. The New Pomegranate land area is 110,685.61 square feet and the Original Pomegranate land area was 26,972.35 square feet (thus, the net new area is 83,713.61 square feet). The Road Easement is 3,240.86 square feet. The new net Lot Area (new land area minus road easement) is 107,445.10 square feet. This allows for a theoretical build-out of 38,680.42 square feet. As I stated above, when the application was approved, it was assumed the theoretical build-out was 38,061 square feet. The difference is only 79.42 square feet. Admittedly, the assumption of 38,061 square feet was incorrect because there was no deduction from the lot area for the road easement; but, false assumption or not, this theoretical build-out was acceptable to the BOCC when the Resolution and Ordinance were approved. The percentage increase from the assumed maximum build-out and the new theoretical build- Cindy Houben, Director June 30, 1996 Page 5 out is .21~, far less than the 2.0~ requirement for a Minor Amendment. The theoretical allowed increase in square footage (which, in fact, is not proposed by the minor amendment and would be subject to future Scenic Foreground review) is insignificant compared to the theoretical increase in square footage allowed by and anticipated by Ordinance No. 95-19 and Resolution No. 95-200 when those approvals were granted. I would appreciate it if you would approve this minor amendment to a development permit by executing the enclosed letter or a similar letter if you would like to change it and returning it to me. I will then record that letter in the Pitkin County records. Please contact me if you have any questions. Sincerely, L, EDWARDS, EDWARDS & ADRISON, L.L.C. osep E. Edwar s, I I J pomegran\lhouben.01 ~U~'. 2c.1 a97 11 ~ 17F1P1 HILL EI}WF1F~L1~ I~!~?. G_E3 P. c r IIIIIII"III"IIIIIIIIIIIIII""IIIII'lllll'lllllllllll ?'~'`-~ ~ 407779 08/27/1997 03:18P MEMO DAVIS SILVI ~~' ~ 1 of 2 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO ME14I+r3RANDiTlW~ T(~: Crotty Huuben, Camomtmity D~eveloptn,e~t Dinectar R~: Po~ate Cc~~do~utns FRpI1x: Rick Mag17.1, P1ant~r n~TE: sepr~~ 19, ls~ FC 1Wlinor Am~ment to ~ ~7evelapme~~etmit~~~~ eoMM~ ,~ ~, y l d O "~~- ~?'Fi'S"j,~ APPLICANT: Fpmegra~be Condominiums (formerly Pcmegraaste Fast Aparfine~) AP'PLICANT'S REPR~,,~1rTTATTVE: Jaseph E. Edwards, IIi ,r REQUEST: 'Ihe Applicant is recltee~sk[tlg administrative approval of minor a~ntlmeats to clarify and carted the language of Resolution Na. 95 ~QO and Orrlazance Na. 95-19 w~iah granted apgmval of a Major glad Ame~udment, Scenic Foreg~aund. Uverlay, au~d Re~aning to the Pamegran$te Fast Apartments (see d resolution and Ordinante~. ZONING: AR 2 & AFR-10 ~~+ RR.AL AGFN+~.'Y Ct~lVIl~+lIIY'I'S: Refeii'ttl caommettts are inc:arporat~i in tbf5 menxorandtm~ and attached as necessary. t. County Attorney 2. Zoning Office ~` cvmmeats cat received BACKGROYJN~3IGU1l~IlVIEIVTS: One of the ;primary purposes of the Pam land use apphcatian vPas tp ~ a 75,755 s~,,,~ foot parcel from fife adjacent 1lrtaroan Creek Clab P'mP~Y for a small triangular parcel from the Pomegranatte property. The recitals only indicate a transfer from Mazoon Creek to P'ornegraa2de. Since the legal descriptiQt~s for the Amended Plat have now been establishela, the net increase in land area to the Pomegrana#e will be 83,7I3.b1 square i'eet {4,957 sq.ft_ inc~a.~e). Also, the represent~ves of Maroon Creek have requested additional language which conf~ns that the land e~chaage w~l not impact the Mason Cn~ek Club PLTD approvals. The Zoning Office point airt that each newly racc~iguteci parcel wilt ooatain both the AFR 2 and the AR-2 ~OnC districts, Tire Boni ..c of tine PY~..~~~ lands bas not tdianged. . RUB. ~~.1997 11 ~ 18RP'I HILL EI}blRRD5 The exi5'tiag floor a~a. plus the praposed float area far the garages anc~. stozage areas approved ley Resol~rtioa Na. 95-200 and Ordiraz~e I+da. 95-1.9 will not >ae clrauged. ia. aay wsy by dais mnzor aznendmeu#, RECOlV1YDATI01'~T: Sta$'recarOmet~ds t]yaat tiye C~o~nunity Development Dizec~r aPl~rove the FO~gransie Condnminawms l-~Tinor Amet,~dnnerns to a l~evelopmeat Pezmif; subject tv the fallowing oonc3itions: I. The Applicant shall adhere to the candi#ians of p~evtaus approvals for the Pam,egranate Fit Apts ('~Lesolution Na_ 15-200 & Drdinanc:e ATo. 9~-19), utaless reprised, aad/or, suppl~ernented by this d+acumeat. 2. The first seateuce of paragraph 4 of the recitals of C?xdin8nce Na. ~5-1 ~ and the first sentence of paragraph 3 of the recitals ofResalutiaa No. 95 X00 shall. lye replaced b3` the fallowing: The pa;a~se trf this request is to eliminate the neon-canfarmir~g status of the multi family rise ora the property, to d11vw an exchange ofproperties betweer~,l''o~rtegrtmute and the adiacent Maroon Creek Club property which will result irc the riet addition of apprcaimately $3, 713. t?il square, feet to tl~e Poa+raegranate property, from the Mr~roan Greek GZub propet~y, grad to allow the carrstructiayn of 18 detached Sarrzg~starage fires dddiFionaIly, the reductiprx of $3, 713, aSl square feet from the Maroon Creek CluaS property will rrQt a}~ect arty of tiJe de~nrities, sgaaare footage's, number of units or the design standards of atcy of the cnttditions of the land use approvals for d+Iaraora Creek G'luh as set fcerth in the Final Subdivision Plat arlrl P UD thereof recorded in Plat Book 33 at Page 4 of the real estate records a~'Pitkan County. Colorud+c~. - 3. The A.pplieant shall adh~ to all mgterial. repnesentati~s made in the application. Cindy Houben, - - Commu~.ty l:J-eve3.OpmentDitector ~'~~ D~ ATTACHIVIEN'TS: L) Zoning CJffice memo 1111111 11111 111991 11919 IIII 19^^^ Ilu^^i m ^^n^ n^i i^n 2) application 407779 08/27/1997 03:18P MEMO DAVIS SILVI 3} Reso#~95 X00 2 of 2 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO ~) o:xl ~5-19 . M E M O RAND U M TO: Rick Magill, Planning FROM: Joanna S. Schaffner, Zonin~ A/~ DATE: September 11, 1996 RE: Pomegranate Condominiums Minor Amendment to a Development Permit Parcel ID# 2735-112-O1-010 I have reviewed the above referenced application and offer the following comments: ZONING: Ordinance 95-19 rezoned the previous Pomegranate parcel from AFR-2 to AR-2. The land exchanged between Maroon Creek Club and Pomegranate increased the size of the Pomegranate parcel approximately 83,713.61 acres. A small portion of land was added to the adjacent Maroon Creek Club parcel. Please note that the zoning of the exchanged lands has not changed. The portion of land acquired from Maroon Creek Club remains zoned AFR-10, and portion of land acquired from the Pomegranate remains AR-2. Each newly reconfigured parcel will contain both zones districts. FLOOR AREA: The assumption made by the applicant that the addition of land to the Pomegranate parcel will add to the allowed floor area for the AR-2 zone is incorrect. In fact, development accessory to the Pomegranate mullet-family use is prohibited in the AFR-10 zone district and therefore that portion of the parcel. Conversely, a small portion of the reconfigured Maroon Creek Club parcel is now zoned AR-2. SETBACKS: Setbacks for the AR-2 portion of the parcel have not changed. However, development in the AFR-10 portion of the parcel must comply with the following yard setbacks. 30 foot front yard setback 20 foot side yard setback 30 foot rear yard setback ~~G a C 1~.--~ ~'' LAW OFFICES ~~ 35 HILL, EDWARDS, EDWARDS & ADKISON, L.L.C. CENTENNIAL PLAZA BUILDING 502 MAIN STREET. SUITE 201 CARBONDALE, COLORADO 81623 THOMAS C. HII.L JOSEPH E EDWARDS, JR, P.C. JOSEPH E EDWARDS, III, P.C. THOMAS L ADKISON June 30, 1996 Cindy Houben, County Community Development 130 South Galena Aspen, CO 81611 Director Department TELEPHONE (970) 963-3900 FACSIMILE (970) 963-3131 >~,,,, -~. 1. Re: Pomegranate Condominiums, formerly known as Pomegranate East Apartments, according to the Condominium Map recorded in Plat Book 4 at Page 109 and as defined and described in the Condominium Declaration for Pomegranate East Apartments recorded in Book 248 at Page 494 of the records of Pitkin County, Colorado; Minor Amendment to Pitkin County Ordinance No. 95-19 and Pitkin County Resolution No. 95-200 Dear Cindy: I represent the Pomegranate Condominiums, which were formerly known as the Pomegranate East Apartments ("Pomegranate"). The Pitkin County Board of County Commissioners approved Ordinance No. 95-19, which is .recorded in~ Book 802 at Page 494 of the Pitkin County records, and Resolution No. 95-200, which is recorded in Book 799 at Page 160 of the Pitkin County records, both of which relate to Pomegranate and the Maroon Creek Club. Ordinance No. 95-19 granted rezoning approval for Pomegranate from AFR-2 to AR-2. Resolution No. 95-200 granted approval for major plat amendment and scenic foreground overlay review for Pomegranate. For your reference, enclosed is a copy of each. The purpose of this letter is to request a minor amendment to a development permit pursuant to § 3- 200.80, Pitkin County Land Use Code ("Code"). Section 3-200.80 of the Code is not applicable to amendments of plats. We do not seek amendment of a recorded Plat, only amendment of the development permit which authorizes the recording of an amended plat in the future. At this time, the Amended Plat contemplated by Resolution No. 95-200 has not been recorded. Therefore, the procedures of Code § 3-200.80 are applicable. Gi U Paragraph 4 of the recitals of Ordinance No. 95-19 and paragraph 3 of the recitals of Resolution No. 95-200 each state that the purpose of the land use application is, among other things, "to add Cindy Houben, Director '1 June 30, 1996 ~ ' Page 2 ~ , '~S/~ 78,756 square feet to the property from the adjacent Maroon Creek Club property." One of the primary purposes of the land use application was to allow an exchange of land pursuant to which Pomegranate is to transfer a small triangular parcel of land to Maroon Creek, L.L.C. and Maroon Creek is to transfer a larger parcel to Pomegranate. The recitals indicate only a transfer from Maroon Creek to Pomegranate. It is intended, and the original Application references, that an exchange of lands will occur. Further, since we now have the legal descriptions for the Amended Plat, we have discovered that the net increase in land area to Pomegranate will be 83,713.61 square feet. Also, the representatives of Maroon Creek have requested a minor addition to the language which simply confirms the small land exchange will riot impact the Maroon Creek approvals. I request that, pursuant to Code ~ 3-200.80, you approve amendment of paragraph 4 of the recitals of Ordinance No. 95-19 and paragraph 3 of the recitals of Resolution No. 95-200 so that the first sentence of each such recital (which are substantially identical) shall be replaced with the following: The purpose of this request is to eliminate the non- conforming status of the multi-family use on the property, to allow an exchange of properties between Pomegranate and the adjacent Maroon Creek Club property which will result in the net addition of approximately 83,713.61 square feet to the Pomegranate property from the Maroon Creek Club property, and to allow the construction of 18 detached garage/storage structures. Additionally, the reduction of 83, 713.61 square feet from the Maroon Creek Club property will not affect any of the densities, square footages, number of units, or design standards or any of the conditions of the land use approvals for Maroon Creek Club as set forth in the Final Subdivision Plat and PUD thereof recorded in Plat Book 33 at Page 4 of the real estate records of Pitkin County, Colorado. The requirements of ~ 3-200.80 are addressed as follows: A. The amendment must be a clarification or a technical correction to a flat. The proposed amendment is a clarification to a development permit which authorizes the recording of an amended plat. B. The amendment must not change the use of the proposed development between residential, commercial and tourist Cindy Houben, Director June 30, 1996 Page 3 accommodation uses. The proposed amendment does not change any proposed development. C. The amendment must be consistent with action taken during review of the original development and does not constitute a new development activity. The purpose of the amendment is to more accurately reflect the action which was taken during review of the original development and does not constitute a new development activity. D. The proposed activity does not: 1. Change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; The proposed amendment does not in any way affect the use of the land, including visual appearance and method of operation. 2. Increase offsite impacts in the surrounding neighborhood; The proposed change does not increase offsite impacts. 3. Endanger the public health, safety or welfare; The proposed change does not endanger the public health, safety or welfare. 4. Violate any Land Use Code standard; This proposed change does not violate any Land Use Code standard. 5. Substantially increase the need for onsite parking or utilities, or affect affordable housing generation; and The proposed change has no effect on onsite parking, utilities or affordable housing. 6. Increase the floor area of the use by more than 2~ or decrease the open space on the site by more than 3~. The proposed change does not increase the floor area Cindy Houben, Director June 30, 1996 Page 4 of the use, and the change increases the open space on the site. The existing floor area plus the proposed floor area for the garages and storage areas approved by Ordinance No. 95-19 and Resolution No. 95-200 is not proposed to be changed in any way by this minor amendment. However, the minor amendment affects the theoretical floor area allowed on the site, since the amendment increases the gross lot area. The increase in gross lot area proposed by this minor amendment is 4,957.61 square feet (83,713.61 minus 78,756). The floor area ratio in the AR-2 zone district is .36 (§ 3- 40.140(E)(10), Code). A portion of the new lot area is to be covered by a private access right of way. The Code definition'~of lot area requires an exclusion for any "areas within any public or private access right of way." When the original Application was filed and approved, no deduction was made for the lot area covered by the access easement (of course, at that time, the area covered by the easement was not known). See pages 36, 37 and 38 from the Application enclosed herewith. I have highlighted the relevant portions for your reference. In the application, it was contemplated that there was a theoretical floor area expansion of 5,802 feet. The maximum allowable floor area contemplated for the site was 38,061 square feet, and the total existing and currently proposed floor area, including garage and storage facilities, is to be 32,259 square feet. No deduction was made for the lot area encumbered by the easement. Thus, the approvals were granted under the assumption of a theoretical expansion of floor area of 5,802 square feet. I have enclosed for your reference copies of the legal descriptions prepared for us by Steve Ehlers of Schmueser Gordon Meyer. These are labeled Original Pomegranate Legal, New Overall Pomegranate Legal, and Road Easement (that portion located within the New Overall Pomegranate Legal). These legal descriptions contain acreages which may be converted into square footages. The New Pomegranate land area is 110,685,61 square feet and the Original Pomegranate land area was 26,972.35 square feet (thus, the net new area is 83,713.61 square feet). The Road Easement is 3,240.86 square feet. The new net Lot Area (new land area minus road easement) is 107,445.10 square feet. This allows for a theoretical build-out of 38,680.42 square feet. As I stated above, when the application was approved, it was assumed the theoretical build-out was 38,061 square feet. The difference is only 79.42 square feet. Admittedly, the assumption of 38,061 square feet was incorrect because there was no deduction from the lot area for the road easement; but, false assumption or not, this theoretical build-out was acceptable to the BOCC when the Resolution and Ordinance were approved. The percentage increase from the assumed maximum build-out and the new theoretical build- Cindy Houben, Director June 30, 1996 Page 5 out is .21~, far less than the 2.0~ requirement for a Minor Amendment. The theoretical allowed increase in square footage (which, in fact, is not proposed by the minor amendment and would be subject to future Scenic Foreground review) is insignificant compared to the theoretical increase in square footage allowed by and anticipated by Ordinance No. 95-19 and Resolution No. 95-200 when those approvals were granted. I would appreciate it if you would approve this minor amendment to a development permit by executing the enclosed letter or a similar letter if you would like to change it and returning it to me. I will then record that letter in the Pitkin County records. Please contact me if you have any questions. Sincerely, L, EDWARDS, EDWARDS & ADRISON, L.L.C. osep E. Edwar s, I I I pomegran\lhouben.01 :a ,, 4. Minimum Front Yard Set Back: 75 ft Pomegranate general: 90 ft Minimum as proposed: 35 ft a. This is an e~o.stinq condition; our trash dumpster is presently in a partial enclosure 50 feet from the Highway 82 right of way (ROW). Between our dumpster and the Highway is a Pomegranate sign and a paved access to the highway. See Map 1. The Paved Highway access will be vacated. In its place we propose to plant trees, shrubs and use some landforms to block `she Highway view of any pa.-ked cars. The dumpster will be moved to a location over by },he new Highway access, to a location 85 feet from the Highway ROW and located in a fully enclosed, and latched trash enclosure - combined with some ; landscaping features this is a si.gni~.cant irilproven~ent over the e~csting situation. The width of the proposed encroachment is 60 feet at i~.s widest narrowing to 18 feet as it gets closer to the Highway. The closest a vehicle could be parked to the Highway would be 50 feet from the ROW (in the cu.-rent location of the trash enclosu_*-e). The 18 fool wide paved portion shown in the plat. is a turns-round not far parked cars. See the Parking Section of this application for more on this subject. 5. 6. 7. 8. 0 10. Minimum Side yard Set Back: 20 ft Pomegranate: 28 f ireimum Rear Yard Set Back: 20 ft Pomegranate: 30 ft inimum Lot Ftidth: 100 ft Pomegranate: 170 u Maz Height Principal Bldg: 28 ft D,omegranate: 26 ft Mao Height Acc..ssory Bldgs: 20 ft Pomegranate: 10 ft Mao Floor Area Ratio: .36 Pomegranate FAR:. .31 Pomegranate Land: 105,726 s~ Max AIlowabie FAR SF: 38,061 sf Pomegranate Bldg SF 22,994 s~ + 15~ Common 3,449 sf ~l ,,,_ -- Pomegranate Garage 5,616 sf _ New Storage Facility 200 sf Pomegranate Total FAR SF 32,259 sf (See Figure 2) ~~ . r ICx~KF Z n POMEGRANATE - IMPROVEMENTS AND LAND AREA SUMMARY FAR ANALYSIS (AR-2 ZONE} OWNERSHIP - 1/95 Square Feet. Bedrooms Bathrooms UNIT/OWNER ------------ (~) --- - /Unitx -------- - /Unit -------- /Unit --------- 1 Wallen 2 1,060 2 2 1 Wallen 4.8 1,092 2 2 2 Williams 4.8 1,115 2 2 3 Williams 4.8 1,108 2 2 4 Bartholo 5 1,086 2 2 5 Stanford 5.8 1.192 3 2 6 Hartnet 5.8 1,192 2 2 7 Mattison 6.8 1,709 4 3 8 Williams 7.5 1,600 4 3 9 Boyd 7.5 1,677 3 3 10 Diamond 6.4 1,440 3 3 11 Writer 7.3 1,541 3 3 12 Carlson 7.3 1,546 4 3 13 Hedrich 7.3 1,568 3 3 14 Nicholson 3.7 918 2 1 15 Hedrich 4.4 952 2 2 16 Erickson 4.4 1,096 2 2 17 Geary 4.4 ---- 1,102 2 Z 100 ------ 22,994 ------ 47 ------ 42 15 ~ Common 3,449 EXISTING SQ FT 26,443 GARGAGE SQ FT 5,616 STORAGE SPACE 200 TOTAL PROPOSED SF 32,259 * Per County Assessor (18 Bays, 12'x26' each) AMOUNT OF SQUARE FOOTAGE ALL044'ABLE L'NDER.FAR RESTRICTIONS: SQUARE FEET ACRES LAND AREA (EXISITNG) 26.970 .0.62 POMEGRANATE LAND TO MCC (149) 0.00 MCC LAND TO POMEGRANATE 78,905 1.81 POMEGRANATE LAND AREA -------- -------- AFTER MAJOR PLAT AME;r'DMENT: 105,726 2.43 FAR RATIO FOR AR-2 ZONE 0.36 ALLOWABLE SQ FT OF IMPROVEMENTS AFTER RE-ZONING (TO AR-2) 38,061 TOTAL PROPOSED + EXISITNG SQ FT 32,259 POMEGFANATE PROPOSED FAR F.ATIO 0.31 MIM LOT AREA A-2 ZONE (5,500/UNIT) 99,000 2.27 POMEGRANATE LAND AREA 105.726 2.43 ~~ .a'uiNEE=S ~ ~ _ ~ SJFVC "C45 ~ =d= ::.1= RDCN .NEYE.9 _ _ _ _ ^ .. ^ ..CG -.. ., ... r. ORIGINAL ?OMEGRANAT~ ~~GAL %-~~ ".SC" 0' ~anC lOC2t°C in ! Ot= OT J@C~iCn 'OWnSiiIG ' .~. OUth, :^ScnC~. Q $^, ~V~/°Si Oi ',`i~ ~L~ ~rlncicai (vteridian, ~ltian ; OUniy, 'r.010~aC0, D'@tnC niCf~ Gc~'1CJISrIV JESC'ID20 2S 'OIIC~~S: ~ecinnine 8~ ., COInL i>'Cm W(11Cn `11E NW CCfn2f Ci SciC ScC'iCii OEci'S ~~ ~~'-~ ," ~" ,~, ~.~`."~` :..5 iD°', :ilE^C I'v BCD . %'JO' ~ ~C.3O .2°t; ~nenC~ :~' ~1~0 '.^J'niO~ ~.~ ;.li.^% =°~. ~^enCe °'~ , "., i ~._R gee-; ~ o '- ,; ...~ ~ ee-; .^.. ice ~ ~ °;;°'~~„ ,,w. vv. .. :.lEnCe w .`~..^, ,"5 . J~~ `JL~ ?Q~+..:C i28rt :C ,pie .^.CIn2 OT DA~i^~n ^ w ,, ., ., ., Iii, ~~nt~i Inc .., .,~ _c. =s ,,, ~~ Of ;EJS. v .. ~~ NG+NEE.R; ;URVEYCR; Sr`. ~' 1 0 ~ ~ -~w~ l11 ;CNMUESER -^.i~ ~ 'J! JSO':'~CE` 3DROON MErEn NEW OVEiALL POMEGRANA ; t LEGAL C :~~QJ. „u.. ~UjG ~JV ~.i~!?~tiOGC ~DfInCS. ~ ~ 3100 May ?, i 996 .;ob T95113A i A tract of land situated in Lot 4 of Section 1 1 , i ownship 10 South, ~sange 85 West of the cth ?rinciaal Meridian, also being within the Maroon Creek CIuC Subdivision, Pitkin County, Coierado, being more particularly described as follows: 3eginning at a point from which the NW corner of said section bears S 29 ° 1 7'GO" 'W 9.71 eet and N 04°14'4c" VY' 2353.33 feet; thence N =8°24'" 1 " W 04.90 feet; thence P~ ~ ; °56'Sa" W 149.77 feet; thence N 30°Go'33" . i 95.92 fee; to the southerly right-of- way line of State i-iiohway 32, aisc being the boundary of Maroon Creek C!ub Subdivision; -hence S oC°48'06" 9 375.76 feet along said subdivision boundary; thence leaving said right- of-way S ' B °09'GC" W 1 70.39 feet along the easterly o0unuary of Maroon Creek CIUD Subdivision; thence S i 8 °09'OC" W 3C.90 feet; thence N 89 °41 '2' " W 259.10 feet; thence N =3 ° 24' 1 ". " 1N 3C.5G feet to the point of beginning, containing 2.541 acres more or less. ?NGiN_ERS 5 >'uFVErORS I1 ~~{ r -r11 QC.,"i~G~ S°MMUESE? l 'I~ /U~Ji ~~..- ~ultc ~~~ 'gin ~/O) aL~ ~~~~ -vRDONMEYEA .:IQ^WCCC ~Cr:r^~. ~_. ~l•', Mav a 996 ,iOD m 9 i i 3A ROAD ~AScMtNT That Portion Within the "NEW OVE:=BALL POM'=GRANA T c" A strip of land situated in Lot 4 of Section i 1 ,Township ? 0 South, Ranae $5 West cf the 6ih ?rincipal Meridian, also being within the Maroon Creek Club Subdivision, Fitkin County, Colorado, being more particularly described as follows: An access easement shall be a strip . 6 feet in Width, centered and extending feet either SIDE Of tnE tollowfng deSCrlbed Centefline. The exterl0f boundary IinES of such strict shall be lengthened Or Shortened aS neCESSary tC 'Ofm a contlnuouS Stfip eXaCtiy i 6 feet In Wi(,'ii ~. Seoinning at a pOlnt on the WEStefly bGUrlGary Of the "NcW ~V~nALL ?OME:;nANA =° from which the NW corner of the "NEW OVEi~ALL ?OMEGRANATE' bears N 30°06'33" . 2°.~° feet and the NE corner o. the Marccn Creek Club Subalvislon on the Southerly noht-of-vJay line of State Highv~ay 82 bears S 6~ ° i ~'OS" _ 3'7.30 feet; thencE 23. i 8 feet along the arc of a curve to the right, 'r,aving a radius of 25.60 feet, a central angle or' :,3°G 7'48" and subtending a chord bearing S C3°32'39" W 22.36 feet: thencE S 30°06'33" W 1 G4.46 feEt; mencE 39.50 feet along the arc or a curvE to the left, having a radius of 25.00 feet; a central anclE of 9 ~ ° i 3'2"', and subtending a chord bearing S ' S °3C'OS" E 35.73 lest; thencE S o ~ °06'48' .3:..22 feet from which the NE ::orner of the Marocn: Creek Ciub Subdivision or.~ the southerly right-of-way of State Highway 82 bears N 89 °00' ~ 8" ~ 356. i C feet, c;,ntaininc 0.0744 acres morE or less. si::~~~.s5, ; aa.c2 • • ~ r Community Development Department 130 South Galena Aspen, CO 81611 July , 1996 Joseph E. Edwards, III Hill Edwards, Edwards & Adkison, L.L.C. 502 Main Street, Suite 201 Carbondale, Colorado 81623 Re: Pomegranate Condominiums, formerly known as Pomegranate East Apartments, according to the Condominium Map recorded in Plat Book 4 at Page 109 and as defined and described in the Condominium Declaration for Pomegranate East Apartments recorded in Book 248 at Page 494 of the records of Pitkin County, Colorado; Minor Amendment to Pitkin County Ordinance No. 95-19 and Pitkin County Resolution No. 95-200 Dear Jody: Pursuant to Pitkin County Land Use Code ~ 3-200.80, the application you filed for Minor Amendment to the above referenced Ordinance and Resolution are approved as follows. The first sentence of paragraph 4 of the recitals of Ordinance No. 95-19 and paragraph 3 of the recitals of Resolution No. 95-200 shall be replaced with the following: The purpose of this request is to eliminate the non- conforming status of the multi-family use on the property, to allow an exchange of properties between Pomegranate and the adjacent Maroon Creek Club property which will result in the net addition of approximately 83,713.61 square feet to the Pomegranate property from the Maroon Creek Club property, and to allow the construction of 18 detached garage/storage structures. Additionally, the reduction of 83,713.61 square feet from the Maroon Creek Club property will not affect any of the densities, square footages, number of units, or design standards or any of the conditions of the land use approvals for Maroon Creek Club as set forth in the Final Subdivision Plat and PUD thereof recorded in Plat Book 33 at Page 4 of the real estate records of Pitkin County, Colorado. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Cindy Houben, Director ASPEN/PITKIN COMMUMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: County Attorney Zoning FROM: Rick Magill, Community Development Department RE: Pomegranate Condominiums Minor Amendment to a Development Permit Parcel ID #2735-112-O1-010 DATE: July 23, 1996 Attached for your review and comments is an application submitted by Pomegranate Condominiums. Please return your comments to me no later than September 13, 1996. Thank you. ASPEN/PITHIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970) 920-5439 July 23, 1996 Joe Edwards 502 Main Street, Suite 201 Aspen, CO 81611 Re: Pomegranate Condominiums Minor Amendment to a Development Permit Case #P82-96 Dear Joe, The Planning staff has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. This application has been scheduled for review by the Pitkin County Planning and Zoning Commission on Tuesday, October 1, 1996 at a meeting to begin at 4:30 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 Community Development Office. Please note that it is your responsibility to post the subject property with a sign within 15 days of the public hearing before the Board of County Commissioners and to remove it from the property within one week following the hearing. Please contact me at 920-5093 one week following the Planning Commission meeting for the hearing date. 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 the planner assigned to your case, Rick Magill, at 920-5062. Sincerely, Rhonda Harris 4. irtinimum Front Yard Set Back: 75 ft _ Pomegranate general: g0 ft Minimum as proposed: 35 ft a. This is an eustinq condition; our trash dumpster is Presently in a partial enclosure 50 feet from the Highway 82 right of way {ROW). Between our dumpster and the Highway is a Pomegranate sign and a paved access to the Highway. See Map 1. The Paved Highway access will be vacated. In its place we propose to plant trees, shrubs and use some landforms to block the Highway view of any parked cars. The dumpster will be moved to a location over by the new Highway access, to a location 85 feet from the Highway ROW and located in a fully enclosed, and latched trash enclosure - combined with some landscaping features this is a significant improvement over the existing situation, The width of the proposed encroachment is 60 feet at its widest narrowing to 18 feet as it gets closer to the Highway. The closest a vehicle could be parked to the Highway would be 50 feet from the ROW (in the current location of the trash enclosure). The 18 toot wide paved portion shown in the plan is a turnaround not for parked cars. See the Parking Section of this application for more on this subject. 5. 6. 7. 8. 9. 10. Minimum Side yard Set Back: 20 ft Pomegranate: 28 ft Minimum Rear Yard Set Back: 20 ft Pomegranate: 30 ft Minimum Lot Width: 100 ft Pomegranate: 170 ft Maz Height Pzincapal Bldg: 28 ft Pomegranate: 26 ft ?iaa Height Acx:essory Bldgs: 20 ft Pomegranate: 10 ft Mao Floor Area Ratio: .36 Pomegranate FAR: ,31 Pomegranate Land: 105,726 sf Max Allowable FAR SF: 38,061 sf Pomegranate Bldg SF 22,994 sf + 15~ Common 3,449 sf 3 (~ Pomegranate Gazage 5,616 sf New Storage Facility 200 sf Pomegranate Total FAR SF 32,259 sf (See Figure 2) 37 ~ -C~URF Z POMEGRANATE ------------ - IMPROVEMENTS AND ------------------ LAND AREA ---------- SUMMARY -------- ------------ FAR ANALYSIS ------- (AR-2 ----------- ZONE) ---------- -------- OWNERSHIP - 1/95 Square Feet Bedrooms Bathrooms UNIT/OWNER ------------ (~) --- - /Unit# -------- - /Unit -------- /Unit ------ 1 Wallen 2 1,060 2 --- 2 1 Wallen 4.8 1,092 2 2 2 Williams 4.8 1,115 2 2 3 Williams 4.8 1,108 2 2 4 Bartholo 5 1,086 2 2 5 Stanford 5.8 1,192 3 2 6 Hartnet 5.8 1,192 2 2 7 Mattison 6.8 1,709 4 3 8 Williams 7.5 1,600 4 3 9 Boyd 7.5 1,677 3 3 10 Diamond 6.4 1,440 3 3 11 Writer 7.3 1,541 3 3 12 Carlson 7.3 1,546 4 3 13 Hedrich 7.3 1,568 3 3 14 Nicholson 3.7 918 2 1 15 Hedrich 4.4 952 2 2 16 Erickson 4.4 1,096 2 2 17 Geary 4.4 ---- 1,102 2 2 100 ------ 22,994 ------ 47 ------ 42 15 ~ Common 3,449 EXISTING SQ FT 26,443 GARGAGE SQ FT 5,616 STORAGE SPACE 200 TOTAL PROPOSED SF 32,259 * Per County Assessor (18 Bays, 12'x26' each) AMOUNT OF SQUARE FOOTAGE ALLOWABLE UNDER FAR RESTRICTIONS: SQUARE FEET ACRES LAND AREA (EXISITNG) 26,970 0.62 POMEGRANATE LAND TO MCC (149) 0.00 MCC LAND TO POMEGRANATE 78,905 1.81 POMEGRANATE LAND AREA -------- -------- AFTER MAJOR PLAT AMENDMENT: 105,726 2.43 FAR RATIO FOR AR-2 ZONE 0.36 ALLOWABLE SQ FT OF IMPROVEMENTS AFTER RE-ZONING (TO AR-2) 38,061 TOTAL PROPOSED + EXISITNG SQ FT 32,259 POMEGRANATE PROPOSED FAR RATIO 0.31 MIM LOT AREA A-2 ZONE (5,500/UNIT) 99,000 2.27 POMEGRANATE LAND AREA 105,726 2.43 3~ .,~ ~) ?dS-~~Q~ c ~UFVE''CRS yr ~~ >CHMUESE.4 ~O~DCN.uE"E.3 ~,,,^`N000 ~: fl(lC~. ...., ~ i ~„ May ~, ~ ~a~ ~Gv j~ n ORIGINAL POMEGRANATE LEGAL %~ Tact cr" ;and located in Lot 4 of Section ? . ,Township ' 0 South, Hangs 85 `West of the oth Principal (Meridian, Pitkin County, Colorado, beinc more particularly described as fellows: 3eginning at a point from which the NW corner or said section bears N 64 ° ' ''==" W %'353 33 feet; thence N 20°? 7'00" ~ X6.80 feet; thence N 30°43'00" VV 60.57 feet; thence %L.LS ie OV .: J ~ ~ .:~ i.~J/ lest, tl ienCe .~. i ~Gv'Q'~G'~ ~`~/ ~..j,G ;e°T~ :hence N 8~ ° 35'OG" 1N ?Q0.3G feet to *.he point of beginning, containing 0.6' ? ~ acres mere or ess. Sc:lc19~ 1 13A.02 ENGINEERS SURVEYORS 0?01 94~-'00? S~~l p SOHMUESER -~,~ ~~~i'Ji J40-~~4U GORDON MEYER NEW OVERALL POMEGRANATE LEGAL '18 ,Ness 6th. Suite 20C Giernvood Springs. ~~ 81601 May 9, 1996 !ob #951 13A A tract of land situated in Lot 4 of Section 1 1 , T cwnship i 0 South, Range 85 West of the 6th Prncipal Meridian, also being within the Maroon Creek Club Subdivision, Pitkin County, Colorado, being more particularly described as follows: Beginning at a point from which the NW corner of said section bears S 29 ° 1 7'00" W 9.71 feet and N 64 ° 14'44" V`J 2353.33 feet; thence N 48 ° 24' 1 1 " W 64.96 feet; thence N 1 1°56'54" W 149.77 feet; thence N 30°06'33" ~ 195.92 feet to the southerly right-of- way line cf State Highway 82, also being the boundary of Maroon Creek Club Subdivision; thence S 60°48'00" ~ 375.70 feet along said subdivision bcundary; thence leaving said right- of-Nay S ', 8 °09'OC" W 1 76.89 feet along the easterly boundary of Maroon Creek Club Subdivision; thence S 18 °09'OC" W 30.96 feet; thence N 89 °41'21 " W 259.10 feet; thence N 43 °24'1', " W 3G.50 feet to the point of beginning, containing 2.541 acres more or less. SE:Ic\951 1 3A.C2 9~G1 9L'S- iOGc X'0701945-5948 ROAD EASEMENT ENOiNEERS SURVEYORS ~~~~ SCNMUESEP - SORDON MEYE.F That Portion Within the "NEW OVERALL POMEGRANATE" '~15'Nes~ 5th. quite 2GC ~ienwcoa Sanncs. ~~ 15C? Job #95113A A strip of land situated in Lot 4 of Section 1 1 ,Township 10 South, Range 85 West of the 6th Principal Meridian, also being within the Maroon Creek Club Subdivision, Pitkin County, Colorado, being more particularly described as follows: An access easement shall be a strip 1 6 feet in width, centered and extending 8 feet either side of the following described centerline. The exterior boundary lines of such strip shall be lengthened or shortened as necessary *,o form a continuous strip exactly 1 6 fee*, in width. Beginning at a point on the westerly boundary of the "NEW OVERALL PCMEGRANATE" from which the NW corner of the "NEW OVERALL POMEGRANATE" bears N 30°06'33" E 29.29 feet and the NE corner of the Maroon Creek Club Subdivision on the southerly right-cf-way line of State Highway 82 bears S 65 ° 1 5'08" E 377.30 feet; thence 23.18 feet along the arc of a curve to the right, having a radius of 25.G0 feet, a centra( angle or' 53°G7'48" and subtending a chord bearing S 03°32'39" W 22.36 feet; thence S 30°06'33" W 104.46 feet; thence 39.80 feet along the arc of a curve to the left, having a radius ot" 25.00 feet; a central angle of 91 ° i 3'21 ", and subtending a chord bearing S i 5°30'08" ~ 35.73 feet; *.hence S 61 °06'48" E 35.22 feet from which the NE comer of the Maroon Creek Club Subdivision on the southerly right-of-way of State Highway 82 bears N 89°00'18" E 356.10 feet, containing 0.0744 acres more or less. Sc:ic\95 i . 3AA2 Community Developuonent Department 130 South Galena Aspen, CO 81611 July 1996 Joseph E. Edwards, III Hill Edwards, Edwards & Adkison, L.L.C. 502 Main Street, Suite 201 Carbondale, Colorado 81623 Re: Pomegranate Condominiums, formerly known as Pomegranate East Apartments, according to the Condominium Map recorded in Plat Book 4 at Page 109 and as defined and described in the Condominium Declaration for Pomegranate East Apartments recorded in Book 248 at Page 494 of the records of Pitkin County, Colorado; Minor Amendment to Pitkin County Ordinance No. 95-19 and Pitkin County Resolution No. 95-200 Dear Jody: Pursuant to Pitkin County Land Use Code ~ 3-200.80, the application you filed for Minor Amendment to the above referenced Ordinance and Resolution are approved as follows. The first sentence of paragraph 4 of the recitals of Ordinance No. 95-19 and paragraph 3 of the recitals of Resolution No. 95-200 shall be replaced with the following: The purpose of this request is to eliminate the non- conforming status of the multi-family use on the property, to allow an exchange of properties between Pomegranate and the adjacent Maroon Creek Club property which will result in the net addition of approximately 83,713.61 square feet to the Pomegranate property from the Maroon Creek Club property, and to allow the construction of 18 detached garage/storage structures. Additionally, the reduction of 83,713.61 square feet from the Maroon Creek Club property will not affect any of the densities, square footages, number of units, or design standards or any of the conditions of the land use approvals for Maroon Creek Club as set forth in the Final Subdivision Plat and PUD thereof recorded in Plat Book 33 at Page 4 of the real estate records of Pitkin County, Colorado. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Cindy Houben, Director AspenlPitkin Community Development Department 130 South Galena Street Aspen Colorado 81611 (970 9205090 City Land Lase Application Fees: 00113-63850-041 Depcssit __"____________ -63855-1342 Flat Fee ----- ••63860-043 1~PC _ _ - ---- -63885-?68 ____ _ Pubic Right-o:-V4'ay ----- --_- " _ - -63875-046 Zoirina u. ,:ign Permit~___ __ ___ ~ - MRO11 tise Tax County Land Ilse Application Fees: flOl 13-63800-033 Deposit ~.:~_.-~' -63805-034 __ _--_--,_- Flzt Fee -63820-0 3? Lc~ning -- ---- - -------- , -638L5-038 Board of ,~djustrnent _ _-__________ _ ; Referral Fees: 00113-o38i0-035 County Engineer OO115-ti3340-163 City Engineer --_-- ____ 00123-63340-190 Housing _ ___ ___ 00125-63340-205 _ Environmental Health -- 00113-63815-036 County Clerk ------ - dales: 00113-63830-039 County Code __ __ -69000-145 ___ Copy Fees __ Other / - --~ Total '' `~` - Name _ ",' ' . ,~ : s' _ :!'1~;~ ~ Date: / z-Check: _ Address: _ _ ~` Project;. ~: " ~;,~ ~~ Case N~ x ~ - --- ` t~, Phone: _ _ No. of Copies /~ ,_