HomeMy WebLinkAboutpitkin.planning.273514100802 (2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
-.~.
.PARCEL 10: 2735-141-00-802 DATE RCVD: ~ # COPIESi~ .CASE NO 1977
CASE NAME:. LDS Church (Church of Latter Day Saints) (2 files) Planners ' ,
PROJ ADDR: 0055 Moore Dr
n
OWNIAPPe. Church of Latter Day ADR~- CISIZs~~ PHN:
REP: ADR:~- C/SIZ>~~ PHN:~-
Email Addr: ALLOCATED HOURS:
FEES DUE[-y FEES RCVD:~~ % OVER: ~-
REFERRALS
REF:- BY~. DUE`..r-
MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:
-.,.r- No ~ BOCGReso: 77-17
Imo"- ~.. No ~ BOCC Ord:
REMARKS 2735-141-00-001 GF - PZ:
HRG OFF.
CLOSED:-BY:~~- HO INDEX:
ADMIN:
PLAT RECORDED '. PLAT (BK,PG):w ADMIN INDEX:
VR APPROVAL DATE:., VR EXPIRES: -".
'. Giving of Land & City Water Line Ext CASE TYP5:
CASE.TYP2:~ CASE.TYP6:
CASE TYP3r CASE.TYP7:
CASE TYP4: Date Scanned: !. 8/24/09 .
File Locationd Box 173
;r~ordcd ac 9:15 k.i~f., Feb. 23, 19't1 3ulie Bane, kc,corder Recel,tion *do: s~~.'~J'~1J
~' ...
.____~. °~o~,~~,5 I5'',~ ~t~b
Izraor,IlTlo.; or~ Trrr Isor:I:D or coUrls~y coral•Ilsslo>IrRs
OP' PITI'It: COiI'TY, COLG1?i'~.Dr%, G~U~II''I?-;i. ?`~.:' F;Xi~riPT I0i7 PI:Oid TILE
PF;°T*T rT ;T: OP SliBn rv ~ SIC; 1'Orr -, ttF; CO 'V r5l:PICL' OP' APt'~20;'I'~ 13LY
TIiP,Ei, ACY.I;S OP LT.ril~ ~'r) ~ I'1' COL,'O.i~~TTO.I 07° TIIE PRi :.IDII7G BISHOP
GF TIIE CIiliRCtl OP JES1iS CIII:IST GP LATTL;P. Dr'1`I SA1".TS, ALL AS
PRGVIDED BY S1,CTION 4.02 CL' TIIP PITI'.IL' COUNTY LAI7D USE CODL.
nESOLCTIOia r~o. ~~- I`!
"v1HEP.EAS, James E. and Alberta L. Moore have made application
for an exe::~l?tion from the definition of subdivision for the parcel-
ling and ccnveyirq of approximately 3 acres of land so as to pro-
vide a site for tl;e construction of a new church in the area of
the Aspen High Schaol ant
^IHERFhS, the Board of County Commissioners has determined
that the grant of the exemption is appropriate, provided that
certain conditi.ens be met before recordation of the plat and
issuance of a buildi~:g permit,
NCSJ;THEREFORE, it is resolved by the Board of County
CUmmiggi_Onr-.1"E of Pitkin County, Colorado:
1. That the conveyance of approximately 3 acres of lard
by James >,. and Alberta A. Mcore to the Corporation of the Presiding
Bishop of the Church of_ Christ of Latter Day Saints, which parcel
is more specifically described. in Exhibit A attached hereto, be and
hereby is granted an exempticn from the definition of subdivision
and the ot~:ers are absolved from cornpliance with the subdivision
regulations of Pitkin County.
2. Tlxat this exemption is conditioned upon the following
requirements:
(a) The execution and recordation of the Trail Easement
from James E. and Alberta L. Moore, in the form attached
hereto as Exhibit B.
(b) The execution and recordation of the Easement
Agreement beto:ecn James E. and Alberta L. Poore and
Aspen School District llo. 1 Re, in the form attached
hereto as Ex.hibi.t C, and the recordation, in milar
form, of the map dated November 5, 1976, prepared by
Tri-Co Management, Inc. which is included as a part
of-said Easement Agreement.
(c) That the only roadway access permitted for subject
parcel shall be from Maroon Creek Road at the access
area shown on the map referred to in sub-paragraph (b)
above.
(d) That the conveyance of subject parcel to said
Church he subject to t}1e use restrictions, and accomp-
anied by the easement rights, as set forth in the form
of deed from James E. and Alberta L. Moore which is
attached hereto as Exhibit D.
3. That this exemption is further conditioned upon site plan
review and approval by the Planning and Zoning Commission and by
the Board of County Commissioners before the issuance of a building
permit for the construction of the proposed church. The site
plan shall provide, among other t}sings, for the construction of
any parking area to be without paving and to be satisfactorily
shielded by berming or other accep~.able landscaping so as to
reduce the impact thereon upon the surrounding area.
APPROVED by the Board of County Commissioners of Pitkin County,
Colorado, at their meeting held~~>rLf~!'~~ x.977.
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.- ~ - ~ F ~ r OF PI7`'I: N COU 'TY C~OLO 2AD0
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M E M O R A N D U M
TO: Board of County Commissioners
FROM: Sandy Stuller
RE: L.D.S. Subdivision Exemption
At the January 24th Commissioners meeting there was
presented for your consideration a resolution granting an
exemption for the conveyance of a parcel of the Moore
property next to the High School to the Church of Christ of
the Latter Day Saints, the L.D.S. Exemption. At the meeting
the matter. was tabled pending my review of the Commissioners'
minutes to determine if all conditions previously imposed
by you were reflected in the resolution prepared.
My reading of the minutes indicated that one major
condition was absent, namely, a rather undefined obligation
for a joint High School/L.D.S. Church plan for integrated
parking facilities and landscaping.
I redrafted the attached resolution, offered it to Pete
Van D~melen for revie~o. While he agrees that it reflected
your earlier action, he feels its conditions cannot be com-
plied with by his clients. He would like an opportunity to
discuss modification of it with you on February 14th.
s
~~
-~~
RESOLUTION OF THE BOARD OF COUNTY COP4dISSIONERS
OF PITKIN COUNTY,COLORADO, GRANTING AN EXEMPTION FROM THE DEFINITION
OF SUBDIVISION FOR THE CONVEYANCE OF APPROXIMATELY THREE ACRES OF LAND
TO THE CHURCH OF CHRIST OF THE LATTER DAY SAINTS, ALL AS PROVIDED BY
SECTION 4.02 OF THE PITKIN COUNTY LAND USE CODE
RESOLTUION NO. 77-
WHEREAS, James E. and Alberta L. Moore have made application for
an exemption from the definition of subdivision for the parcelling and
conveying of approximately 3 acres of land so as to provide a site for
the construction of a new church in the area of the Aspen High School, and
WHEREAS, the Board of County Commissioners has determined that the
grant of the exemption is appropriate, provided that certain conditions
be met before recordation of the plat and issuance of a building permit,
NOW THEREFORE, be is resolved by the Board of County Commissioners
of Pitkin County, Colorado:
1. That the conveyance of approximately 3 acres of land by James
E. and Alberta A. Moore to the Church of Christ of the Latter Day
Saints, which parcel is more specifically described on the exemption
plat to be made of record: be and hereby is granted an exemption from
the definition of subdivision and the owners are absolved from compliance
with the subdivision regulations of Pitkin County.
2. That this exemption is conditioned upon the grant of an easement
by James E. and Alberta L. Moore for a pedestrian, equestrian and bicycle
trail from Glen Eagle Drive to the Aspen High School, which easement shall
be identical to that presently in use and be conveyed simultaneously
with the recordation of the exemption plat.
-1-
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~~
~,..
3. That this exemption is further conditioned upon the following
requirements being satisfied before the issuance of a building permit
for the construction of the proposed church:
That the Moores and the School District execute an agreement providing
for (a) the specific location and design of a joint access road (using
the existing school entrance) the specific grade and curve of which shall
be subject to the approval of the County Engineer (b) the location of
a joint school and church parking lot designed in such a way so as to
reduce the impacts of such parking facilities (including berming) (c)
construction of the parking area without paving and with provision for
dealing with run-off (if the County Engineer should require) and (d) the
incorporation of all these concerns into a site plan.
Prior to the issuance of a building permit, this site plan shall
be reviewed for conformance of the plan to the provisions of the County
Land Use Code, be reviewed by both the Board of County Commissioners and
the Planning Commissioners, and have the approval of both endorsed thereon.
APPROVED by the Board of County Commissioners of Pitkin County, Colorado,
at their meeting held
ATTEST:
County Clerk
1977.
THE BOARD OF COU[dTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
Chairman
0
APPROVED AS TO FORM:
~ ~ Yea' .~~y~re-."-.'•, ,
County Attorney
-2-
...
PETER VAN D^MELEN. P.C.
ATTO RN [Y AT LAW
SUITE 2D2 MILL & MAIN 6UILDING
4D^ E. MAIN STREET
P.D. 6OX 8OD9
ASPEN. COLORADO 87671
(303> 925-6415
February 9, 1977
Ms. Sandra Stuller
County Attorney
Pitkin County
Aspen, Colorado 81611
Re: Moore - LDS Church Exemption
Dear Sandy:
Enclosed is a proposed form of exemption resolution re subiect
matter. I would appreciate your review and endorsement.
Perhaps we can finally resolve this matter at the next County
Commissioners meeting scheduled for February 14.
Yours ery truly,
~~
i ~~<<
Peter Van Domelen
PVD/pp
encl.
0
~~
RESOLU'i'IOii CF TkIP. i;OARD CF COUNTY CO'vi'SISSIOiFERS
OF PITI:Ii: COUNTY, COLO=:I~DO, GI'vlt:TlhG AN E}:E;:•iPTION FRUM TIlE
DEEINITIGiI OF SUI;DIVISIOIi FOR 'ili;-: COL,IVEYA:7CE OF APFRO3IaiATELY
TIIREE ACR S GF I_d1;iD TO `_'I'I'', COI'PUIU'1TIOt] OI? TIIP PRESIDIb7G BISHOP
GF THE CIIURC?I OF JES'_IS CHRIST OE LATTER llsY SAlETS, ALL AS
PROVIDED IiY SECTIO;d 4.02 C TI?.`: PITKIN COUNTY LAND USE CODE.
P.ESOLUTICN :~0. 77-
WHEREAS, James h. and Alberta L. Moore have made application
for an exemption from the definition of subdivision for the parcel-
ling and conveying of approximately 3 acres of lard so as to pro-
vide a site for the consr_ruction of a new church in the area of
the Aspen High School and
WHEREAS, the Board of County Commissioners has determined
that the grant of the exemption is appropriate, provided that
certain conditions be met before recordation of the plat and
issuance of a building permit,
NOW THEREFORE, it is resolved by the Board of County
Commissioners of Pit?:in County, Colorado:
1. That the conveyance of approximately 3 acres of land
by James E. and Alberta A. Moore to the Corporation of the Presiding
Bishop of the Church of Christ of Latter Day Saints, which parcel
is more specifically described in Exhibit A attached hereto, be and
hereby is granted an exemption from the definition of subdivision
and the owners are absolved from compliance with the subdivision
regulations of Pitkin County.
2. That this exemption is conditioned upon the following
requirements:
(a) The execution and recordation of the Trail Easement
from James E. and Alberta L. Moore, in the £orm attached
hereto as Exhibit B.
.~~,
_.>
(b) The execution and .recordation of the Easement
Agreement betwF~en James F.. and Alberta L. Moore and
Aspen School llistrict No. 1 Re, in the form attached
hereto as Exhibit C, and the recordation, in milar
form, of the rnap dated November 5, 1976, prepared by
Tri-Cc Management, Inc. which is included as a part
of said Easement Agreement.
(c) That the only roadway access permitted for subject
parcel shall be from Maroon Creek Road at the access
area shown on the man referred to i.n sub-paragraph (b)
above.
(d) That the conveyance of subject parcel to said
Church be subject to the use restrictions, and accomp-
anied by the easement rights, as set forth in the form
of deed from James E. and Alberta L. ldoore cahich is
attached hereto as Exhibit D.
3. That this exemption is further conditioned upon site plan
review and approval by the Planning and Zoning Commission and by
the IIoard of County Commissioners before the issuance of a building
permit for the construction of the proposed church. The site
plan shall provide, among other things; for the construction of
any par};ing area to be without paving and to be satisfactorily
shielded by berming or other accep~able landscaping so as to
reduce the impact thercoi upon the surrounQi.ng area.
APPROVED by the Board of County Commissioners of Pitkin County,
Colorado, at their meeting held m 1977.
Attest:
THE BOARD OF COUNTY COM~ti1ISSIONERS
OF PITi;IN COUNTY, COLORADO
By
Chairman
County Clerk
.,.~
i>;nr;.
~ trac o. 7 m~~ siturtF~d
t~ `;. ]/1 of tt
*:
T`='P•, 1n5, .: d5;,, of 'r.. ~.
' 1/4 of Sc~c. 14.
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i
fo11o ~,
cr~.nninr at x i n~; ~. ~~.
"c' ~ :11}• ce,crit,ed as
i
Hi hlands
9 _
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r. to t}c ~',rsterl~' ine of r,s
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bears ^:nrtl~ ~
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c~~ Lh~-r ';~~rt!: 1 /4 ~'
ornrr of said Soc
14
thence S
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• ct,
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I
t- ~~.rr~ :;. 13°:1 ;' 3~)" };, ?10.00 feet
.
;
`~• 35"40'E.
ii5.00
i~r' f
s ,
f~~r,t; thence S.1&°~0'i'. 140 feet; thenc
93'30" w. 44
ee
; the
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05 l
r e
r,c.•o 19°15'F. 1;0.~"33 feet-; ti~ence r1
73°
Su;:x?ivision: .
ee
to
thw:ce alan< .
the I'astcrl•
} line of s;iid Aspen highlands
,;
id i
the point of ~
beginning
p y
:ast~rly 1i.ne i'orth 902
'~0 feet to
i
, thin County, Colorado
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e
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Exhibit B
`1'12,'IIL LASF,S;?'I;T
Jd III('Fi E. Hooter. 8. r;d. Alb: rta L, f:00re Cf i~spen COlOrddO, a5
Firsi: Parties, for valt~t:ble considerations the recei.n*_ of
which are her_cby ackrowledgcd, grant. and convey to .n.snen
Sohcol District IIo. 1 '3e. of Pitkin County Colorado, as Second
Party, for the use of Si~cond Party and its invitees ar.d
licensees, a ten (10) fcr,t wide trail. casement- for pedestrian,
bicycle, and equestr~ar. traffic over and across *_he lana of
First Parties fir the purpose of providi.nc~ said trail access
bet.oeen Glen Fades Drive and tl;e land of Second Party, said
trai]. easement being described as:
An ease;::ent ten (10) feet in width t:.he Westerly line
of which is described as begin:,inq at a point on the
Easterly line cf T,spen fiia2:Lands Sui~division whence the
North 1/4 corner of Section 14, Township 10 South,
Range "03 Kest, Eth P.b1., Pitkin County, Colorado,
bears North 140.00 feet, thence South 329.50 feet along
said Easterly line of Aspen Highlan8s Subdivision.
The easement herein granted shall remain in full force and
effect for so long as the same shall be used by Second Party
for the purposes herein as set forth, and in the event that
Second Party shall abandon said easement or shall alienate,
or attempt to alienate, its interest ti~erein, then the ease-
ment herein granted and all richts with respect thereto shall
autcmatically.vest in and become the property of tide County
of Pitkin, State of Colorado, for the use of the public, for
those trail ptrposes as hcreinabove set forth.
IN WITIVFSS i9fIERFOI', I'i-rst Parties have executed this Trail
Easement this day of January 1977:
ames E. 'doore
Alberta L. I•,oore
STATE OF COLOR11i G
COUNTY OF PITKIN
ss
The foregoing instrument wcs ac}:nowledged b-fore me this
day of January, 1977 by James E. 1`".oore and Alberta L. Moore.
notary Public
Witness my hand and seal.
My Commission Expires:
`~ Exhibit C "'
This Agrecr.^ent made beta;cen Janes E. Moore
and Alberta L. idoore, of T~spen, Colorado, first Parties, and
Asper: School District CID. 1 Rc., of Pit}:in County, Colorado,
Second Farty.
t:IT:'ESSL;TI?
Whereas, Pirst Parties b}> that certain Deed dated August 9, 1971
and r.eccrded August 10, 1971 in C3c:ok ~8 at-. Fage 887 conveyed
to Second Party a certain C_•arcel of land as more fully described
therein and re-erved for t!,e ;Dint- us.~ of First Parties and
Second Party a road and utility casement over and across a
portion of the parcel so conveyed; and
D:Y:ereas, the partles now deslre to revlse and clarlfv the ease-
ment so reserves'. and their respective rights and obligations with
respect: thereto; and
~~?hereas, to accor.:plis]: this
Claim and re lease to Second
interest i.n the easement so
to grant and co vev to }?irst
representatives anc'_ assigns,
revisions and clarifications
between the parties:
NOY;' THFREFORr:
end First Parties have agreed to twit
Party all of their right-., L-itle and
reserved, and Second Pzirty has agreed
Party, and to their heirs, personal
a new easement containing those
e;hich have been agreed upor,
1. First Parties hereby twit Claim and release to Second
Party and its successors and assigns, all of First Parties
right, title and interest in that certain easeir,ent reserved
to First Par tics i.n that Deed dated August 8, 1971 and
recorded August 1C, 1971 in Book 258 at Page 837, said
easement being located in the SE 1/4 of the Si^' 1/4 and
the Si~,' t/q of the SF 1/4 of Section 11 and the P:i~ 1/4 of
the IvF 1/4 of Suction 14, all in ~'ovnship lOS, Range 85W
of the Eth Principal Pieridian, Pitkin County, Colorado,
and being more fully described as follows:
Beginning at t?e South 1/4 corr:er of Section 11;
thence Sot;th 140.00 foot; thence S73°43'30"E, 83.34
feet; thence D:csth 168.09 feet; thence N6"'46'48"i,r,
275.29 feet; t1~c~nce 83.0° feet along a curve *_o the
right havinc~ a radius of 87.50 feet (the chord of
whic}r bears 583'13'12"te,- 80.00 feet); thence S6"46'48"E
270.54 feet to the pc,ir.t of beginning.
2. Second Party here}~y grants and conve~•s to Flrst Party
and to their heirs, personal represe~~tatives and assigns,
a non-exclu:;ive easecr:~'~nt for road and utility purposes
for the joint and mut-r~al use of First Parties, and thiir
heirs, personal representatives and assiq:a , and Seccnd
Party, and its succc•sscrs and assigns, over and across that
~.ertain parcel. of land located in t}re SF. 1/4 of the S4. 1/4
and the S17 1/4 of the SE 1; 4. of Section, 11 ar:d the
NW 1/4 of the rI 1/4 of Section 14, al.l in Tots^nship
lOS, Re,ngn 8514 of the 6th i'ri.nciT;~l .'•'eridian, Pitkin
County, Colorado, and be:inq ;Wore ful7~~ descri.bcd as
follo-c~. -
Peainninq ;at the South 1/4 corner of Section 17
t}^.ence South 1^0.00 feet; thence S 73°43'30"p
2_0.44 feet; thence iv33"00'00"' 30.66 feet; thence
P;6U°30'00";^' 1!8.20 f^•e t-; thence h'crtl~ 100.02 feet;
thence '.:C6<~iG'4E";' 115.1; fc.c~t; t?unce 295.89 feet
alone th<~ arc nC a curv,r tc: tLc left having a radius
of 73:'.f~0 fort, tha chord of 1:'hich ccu-re bears ?;24°
31'7":? ?33.?; ~~~et, to a ;x~int on the Easterly
right of ,;c:y ir:e o~ t}'.., ^•" ,
iarooa Cre•ck 1•.oan; thenr.e
SOl° 02'0:°7 :+n,!~0 i<,ct a n;,r. y~„ rly
] i ~ t.. I-rtti[c~ right of
~~any liar of t!cc Mar-,~o^ Crc•c~r. I:oad; C}:er,ce SR8°58'
00"E 3.52 f,~c~t ; theac~, SOG°~1G' ;8"l: 257.48 feet to
the noinL of l~c:linninr..
Said casemc>nt is },.,incr r,i_vrn for the purf~oses of_ providing
road and utili tv acc^ss to rand from. ftnroon Cree}, Road for
the benefit o} t:}:osc l~nc'.:; of the 1'ir.st Parties which may
be serviced thr,re};y and wh.ic}: are situated adjacent to
and/or in tl.e vici.u ty of ghat carve]. of lard conveyed
by First Parties to Second Party by the aforenr.~nti.oncd
deed recorded in B~oc;c 258 at Page P,87; al:d said easement
shall be c?cr~.ned a co~renant running with the la:.d for the
benefit of I'i.rst Parties, and their heirs, personal rep-
resentatives, assigns and successors in i.ntc--rest to any.
such lards.
3. Attached hereto and made a pa.:t hereof is a bian dated
November 5, 1976 prepal:ed by Tri-CO. Management, Inc.
with respect to Y:Mich reference is hereafter made. The
parties recognize thr3: a portion of t}lc cr:istinq drive:aay
which provides access from Maroon Creek toad to the school.
facili.tie:; situated on Second Party's land is located
easterly of the easement arcs describcc? in paragraph 2
above and that said tai.sting driveo~ay encroaches upon the
lands of first Parties lying to the South, all as shown on
said Map. The parties iurth~r recognize that the ease-
ment area d~~>cri.bed i.n paragraph 2 above is presently
being utili.zcd by Second Party for par}:irg purposes. The
parties wish to provide for the temporary accor.:odation of
tYli.s situation and to further provide for the eventual
re-location of the exi.stinq dr.ivecaay onto the easamer,t area
described in oaragranh 2 above. It is, therefore, further
agreed as follo'.~s:
(a) At such time as there shall be ar,y residential or
commercial development of the lanGS of First Part,' which
are. benefited by t}~r: case;ncnt granted in pe.ragranil 2
above, or at the option of Second Party at any time prior
thereto, P'irst Parties and Second Pang agree that they
will discontinue to use that portion of the e;:istirg
driveway t: }li.ch is located casvcrly of the case,.ent area
described ir. paragraph 2 above and t}~at they will, in
lieu thereof, utilize the easement area described in
paragraph 2 a}>ovc for access and drivc:•:ay purposes sub-
stantially ir. accordance with the dr.i.vcr:ay plan as set
forth on said: ^tap. Upon said re-location, Second Party
shall be pernlit.ted to landscape that portion of the ease-
ment area dce.cribcd i'r; paragr.apil 7_ above cahich is not so
utilrzed for dr_veway purposes.
(b) Until such ti+r:~ as the existing driveway she:11 be re-
located as provided i-or in sub-paragracil (a) above, First
Parties grant to Second Party a temporary easemcla for.
driveway purUCSes Deer and across that por'~ion of First Pattie::'
lands which are encroached upon by the existing driveway
constructed by Second Party; provided, t}:at upon t}le re-
location. of said +:ristin.cr driveway the temporary ease-
ment herein grantee? shall automatically cease and terminate.
(c) Until such time as the: existing dri~.~eway shall be
re-located as provided for in sub-paragraph (a) above,
First Parties consent to th;e temporary use by Second Party
for par.}:inq lot purposes of the easement area described in
paragrar~}; 2 above; provided, that upon the re-location cf
said existing driveway t.}:c us~~ of said easemcra area for
par}:ing l.ot pur~~oses s}:all. au~omati.cally cease and terminate.
(d) Lntil suc}+ time <:.s the existing driveway shall be
re-located as provide: for in s>ub-paragraph (a) above, Second
Party grants to first Partie~:-~ and to their heirs, personal
repr.c~s^ntr,t.ivcs and a::s=,igns :. r..~n-ercltisive'easc:vent fo;~
road purpo~cs c:~~~cr anti ru:r_os:; the existing dri.ve~:ray on
Second Party's lu+d to provide access from Claroon Crec}: Road
to Pint ;'arti~~' l,ini., t>itr.riCed adjacent thereto and/or. i.n
the vicir;i_ty th<~r~~o~:; provided, that upon the re-].ovation of
~~
said esistinq drivewa~~ the temporary ea::ement herein
grar,te.l rha11 automaticall~r~ cease and terminate.
IN P;ITNESS S9i'I:P.EO1°, First Partic° ~ and Second Pa• ty have executed
this Agreement the day and }z:ar first written above.
Ja.res E. Moore
ASPEN S.^_F!OOL DISTRICT C:o. 1 Re.
By_
A berta L. t?oore
its
STATE OF COLORADO )
ss
COUNTY OF PITKIi7 )
Attest:
its
The forcyoing instrur,~ent was acknew]_edged before me this
day of _ 1977 by James F. Dtoore and Alberta L. Ai_ore.
tvotary Public
Witness my hand and seal.
My Commission expires:
STATE OF COLORADO )
ss
COUNTY OP' PITKIN )
The forr_going instrument c,as acknowledged before me this
day of 1977 by
cf the Aspen School District No_ 1 Re.
Notary Public
Witness my h_nd and seal.
My commission expires:
a
P:~hi_i~f_t. D
.a>
whoaa aricresa is
County of ! 1.!' t;. ~;~~t,•„<
Colorado fen the ,, .,eidcr:~.tir:c („ TF.;:
and oth~'r v,:lu.li~l<• cnn~-ideraticn
do]lars, in };nod Qaid/Lcreb; tit~ll(±) and c"r.cr, (s) [„
CGRFORA'CIOty OF ,I3E FR.1':'~7f;7'a; f3i:IlUP ~~l' ^,'itr CiII~RCa ~OF JESliS CI(RIS'I'
OF LATTER GAY SnIiTTS, 1t G'I'A['. ~CORPOP'~'i~IOiv SOLE.
wvfiosa aridreas is Courts of
,and St.~.te oC [he following real pronery in the
Cou::[y of ?i tk i.n ,and State of Color;.do, to .vi::
As set forth in Pxhikti.C A cahich is ;attached herc;to and made
a part hereof.
Subject to the restriction tha*_ for a n(~riod cf t~centy years
after the date hcr-~o,': said real I:~ropcrty shill only be used
for church purposes and for t.hnse nt:rposes which ar_e accessory
or inside-ntal thereto.
v%ith nIl it.9 e~p.rrPxtlanrF3, ;;rd :~:arran[ls? the title to `.ito same, subjecC to reservations,
exceptions, e:~sE:'mer.t.; arlci restrict_ior;s of recorc?; and geceral
real estate taxes for ]97; h-~conli-ng due and payable in 1978.
Signed this
STF'I'T•; OF COLOIiA: ~'),
CiOUaty Uf k'1 ,_''.l it
d::y t,f 19
Jam~•s '. P'.oorr
hlt_,c~rt.a h. P:oorc~
i.
0
TLe foregoing iostn:mi'ra ~~a~ ac'.:c~:^r+ledg•od bc•fure n:.: [hia
d:,yof 19 ,by ;ia,tes F:. Mccre and Alberta L. Moors,
DTy commixiio^ ez;>ires
Wi[ness my hand: nd official seal.
'I
i tro:~rrr~n;w I~,
t
E fnfud.rY AOt A/r4 t;eav t. 7f r• rts r.l Owrre
t»• _ Imo.. rt ,,
•. -, , n. m, ~
1[ Cr 7-•: my x. clot 1•, roPrr.e.n(atl a ur
~
~~
~ r .e a , a „ t. v d
„
. ,
., r , o..or .,~ s.rt . ,.,
u ,< ., .. u. ... o,,.
r.. i
I~ ~ :e~. t.,o t .: i~ I
I
too.. ,.. i:..zn•o 1,._e-:, n..~ ~,a _a<.. ,u t-i t. r r, ~-.~ o .,.c , .: i,. ', ~.~.n~ r ~.~ ~: ,: -.. ..., •.,, .. ,. u.n, r. ~,... a., ,.-1
. .~
.~•
A tract of 7:.r,:'. ::itu~tc'- t'n~~' .., ii•i o~ tFe ... 1/4 of Sec. la.
.:}; ] +
'',il ~' dc`scrlt`cd as
.,
fol].c n.;ini rlt. ! ~ ~. ) ti . I +:;t' . ]~ cr,c of ~,spc
I}10.113. ~?5 .° }: 1.'7.5701] 'v:!1 ,'<' t'. N01 th ,/~{ ('orn(" Of 53 ca °i`C. 14
b.,a=s 'o'"tr. "'rj ],"~0 fc,~'t, +~:,r':~ 5. '73 4 3' 30" L'. i'10.00 fret,
thet.^ S 33°OU'F: 115.1i(1 + t:hcn+-c '~ ~ f t
S. 35°4U'F.. ,.2!; ~~ `, ° ~ •li.° 0 i.. 140 eet; -hence
-'-Ct; ~~.' !7,^C l9 1~ T,. 1 i0.~i? fC`c't t:hCnc(? t;.73°
43'30" W. 44,.05 fecC tc. the F3sterl}' lino of s:+id ?apen IIic;hlands
Subdivi.sicn; t::ence alor<1 ~,;~i.d 1";~stcrly line ;;orth 4Q2.;0 feet to
the k:0int of beginnincr.
Together with th~~ follrnai-n~] described casements:
1. A non-'~xcl.usive easement for t.t:e br_•nefi-t of the grantee
and ila surccss+>rs and assigns for road and utility
p~rpos•.es over- and across that prn-cel of land located
in thq t7W 1/4 of: the NE 1/•] of Section la, Toc,.^.JSh ip 10
South, Iian.(TCr 85 6;~,st cf the 6th Princip;71 Dleridian.
said c'asemer,t bc`ing mo!c {1:L1•;' described a5 follov;s:
P.e,:inr,ing 't .. i.oint on tL`c~ west iir;c of said .71ti 1/4
of the NP 1/4 whence the Giorth 1/4 corner of said
Section 14 !:ears North ]4.x.00 feet; t}lence South:
G2. 50 feet.; t},+,nce S 73"43'30" B G'.50 feet; thence
North G2. 50 foot; thence :773°43'30" W G2.50 feet
to the point i,f heginr+inq.
for the p;;rpe;;es of providing] road and utility access,
as aforesaid, from t.hc parcel of ].and herein conve~'ed
to tier? grantee to the e~ semE`nt ar<'a }:ereinafter desc-
rib_d in paragrac+h 2 below,
2. The non-exclusive ricrka for the k~enefi t of the grai:tee
and its successor; and a~sicros of the' full use and en-
jcyment of *_hat cc`rtain eascm<'nt- for road anal utilsty
purposes he r.et:o.`orc gra,ai`d by AsL,en Sc}lool District
No. 1 P.e. to the yr,i]tors herein and their assigns by
that certain F.astmcra F,greem'.~nt recordod in Book
at Page over and ,cross tint. parcel of land located
in the S°iT c)f the Sw 1%4 and Sid lj4 of t}le SF. 1/4
of Section 1] a:;::} the N:P 1,:"=} of the .?;E ]/4 of Section 14
all in Tewnshia 10 Souti7, R.,r:~ie ,t E; 4:est of the 6t'1
Principal ?'eridi.u], said easement being mor.c fully descri.bee}
as fol.'_ec.'s:
Beginning at t}:e Soot}] ]/4 corner o: Section 1].
thence Sout}: '40.OG. feet; ther]ce S "°43'30"r
280.44 fc'c! .;"s3°0v''00"., _ -
' i,ence w 3C.i,%.
N60°30' OC"P' 7. 9t?. ? t t reset; ti,en.cc
i fret; hence :7ortr~ 100.02 feet;
thence I: (i6°96' ~78 "!;+ 1 ] 5. ] 5 feet; thence 296.89 feet
al.onq r}:e ar- ~:: a r",irvr• to the left }~.aving a radius
cf 132.00 fc"t the chci:d of which curve bears f724°
31 ' ~, ~ .,.
"~~ :'38.15 `c,~t, t_o a ~ Hint on the I'.asterly
right of ]•;;;y ]ir,r c.;~ the Hsroon Crc'.c`}: P.oad; thence
SO1"G2`00"l'' F.(r_n;) feet along the SaSterly right of
Wa ~' line Of this I~ii7r00n CI"C ('}: YOad; ti-n'nCE' Sob°SIi'
00" 7: 3.52 f~~rt; ti7encc' SCL°4x'48" E X57.48 feet to
thc~ point r,-} }~er,inning.
for '~hc~ purposr ~: ~'ro:'iding road and utility access,
as <fo. said, ~`1. the ~-]semc-nt area described in para-
grap)1 1 atx)ve tc lr;)on ~rcek i2oad.
Suk,'~ec+~ to tha ~ certa i n .. ,~ i!. i!:a c;.:rer]t recon.?ed in Look _
~ t T' __ __
< d'jC _- - CF t~-~n I'1 tklil CpUntti I (`00rd::; ai:(' rCSeYVlr?3 L'.7
QI ntOrS, anC) thCiL h. try, ~)C`! SOnQl I'~ p~CS!'ntlt 1Vf`S anal aS91Cn , an
easer'.ent > n cr(~ -,s ever an± ;:cross t._hc pare-'1 of tan ~ herein conve,'c'd
fOr tI)n _7llrp0Se e.f trail5:'f~;'ti nR LI~r1Cj r'rtlOn .,3tCr, prOV2'1Cd that SUCK
@d SCP.1^i`t _~; !;.1~1 1.^. n0 k'.1 ';' An t. t`rte'rv iJl t-.h .911 ~''~~1't:l l.d l:'.^, plrklilC) arC'II,
r0-; C]t~: ,?'/ or Ot. }i C,;- li^j~rOV['fn, •I; t.ti 1: i11eh Lifl '.' }.'C Tel :CL:} upr~R 537.d }:'a rC('].
of 1 .nd.
f
1
MEMORANDUM
T0: Pitkin County Commissioners
FROM: Planning Staff (HC)
RE: L.D.S. Church Subdivision Exemption
DATE: May 4, 1977
On February 14, 1977 the Pitkin County Commissioners approved a
request for Subdivision Exemption by James Moore to convey approximately
three (3) acres of land to the Corporation of the presiding Bishop of
the Church of Christ of Latter Day Saints for the purpose of construc-
tion of a new church in the area immediately to the southwest of
the Aspen High School. One of the conditions of approval of exemption
was site plan review and approval by the Planning and Zoning Commission
prior to issuance of a building permit for construction of the pro-
posed church. This approval was obtained from the Planning and Zoning
on April 20, 1977.
The comments of the Planning Office are as follows:
1. Access to the church is via the existing High School
entrance road. No access is permitted via the High-
land Subdivision road.
2. The de facto trail which exists along the westerly
boundary of the Church site connecting Highlands
Subdivision with the High School has been reserved
for public use.
3. The County Engineer has reviewed and approved the
drainage plan for the site which includes a grass-
phalt surface for the parking area.
4. A landscape. plan to include a berm along the High-
lands Road for visual screening of the parking has
been reviewed and approved by the Planning Office.
5. The church spire or symbol should conform to the
23 foot Pitkin County height requirement.
6. A site plan will be available for your inspection
at the Planning and Zoning meeting.
The Planning Office recommends approval of the site plan as submitted
by the applicant's representative, Ted Mularz, and authorization of
issuance of the building permit by the Building Inspector.
lmk
F.ecordc~d aC 9:15 A.*I., Feb. 23, 1971 .lulie Kane, Aecneclcr IZcceptio;; Ko: .~>.a3iJ~
RESOLUTION OF TiI° P,OAI?D 0'r' COIJNTY CO."~t'ITSSZOiII'sRS
CF PITPSPI CnU."1'Y, COI Gi?t ~~.~ ~ GI?~ ~'.II:G N LY.: iPTIOiV i_ P.OPl TIIE
DEFINITION OP SUBDIVI~:InT' -'UR ~ I{F: CO'~ VLYAI~IC T'1 OL' AP"RCY;Ih'hTEL'i
THREE ACRES OF LAND `t0 T~IiE COP.POBi.TTO:I OP TIIE PRPSZDT_hG BISHOP
OP' THE CHUP.CIl OP' JESUS CIII:IST OL' 7~?1'1`PI',t: DA`Z SAi.'TS, ALL AS
PROVIDED BY SECTIOid 4.02 OL' TilE PITI:72; COUN'PY LAND USE CODE.
RESOLUTZC?I I10. %%- ~1
WHEREAS, James F.. and Alberta L. Moore have made application
for an exemption from the definition of subdivision for the parcel-
ling and conveying of approximately 3 acres of land so as to pro-
vide a site for the construction of a new church in the area of
the Aspen High School and
WHEREAS, the Board of County Commissioners has determined
that the grant of the exemption is appropriate, provided that
certain conditions be met before recordation of the plat and
issuance of a bui3ding permit,
NOW!THEREFORE, it is resolved by the Board of County
Commissioners of Pi.tkin County, Colorado:
1. That the conveyance of approximately 3 acres of land
by James E. and Alberta A. Moore to the Corporation of the Presiding
Bishop of the Church of Christ of Latter Day Saints, which parcel
is more specifically described in Exhibit A attached hereto, be and
hereby is granted an exemption from the definition of subdivision
and the owners are absolved from compliance with the subdivision
regulations of Pitkin County.
2. That this exemption is conditioned upon the following
requirements:
(a) The execution and recordation of the Trail Easement
' from James E. and Alberta L. Moore, in the form attached
hereto as Exhibit B.
Lv.1 1'. ~: `.
(b) The execution and rec.%rdation of the Easement
Agreement between James E. and Alberta L. Moore and
Aspen School District LIO. 1 Re, in-the form attached
hereto as Exhibit C, and the recordation, in milar
form, of the map dated November 5, 1976, prepared by
Tri-Co Pianagement, Inc. which is included as a part
of-said Easement Agreement.
(c) That the only roadway access permitted for subject
parcel shall be from Maroon Creek Ftoad at the access
area shown on the map referred to in sub-paragraph (b)
above.
(d) That the conveyance of subject parcel to said
Church be subject to the use restrictions, and accomp-
anied by the easement rights, as set forth in the form
of deed from James E. and Alberta L. t.oore which is
attached hereto as Exhibit D.
3. That this exemption is further conditioned upon site plan
review and approval by the Planning and Zoning Commission and by
the Board of County Commissi.oncrs before the issuance of a building
permit for the construction of the proposed church. The site
plan shall provide, among other things, for the construction of
any parking area to be without paving and to be satisfactorily
shielded by berming or other accep~able landscaping so as to
reduce the impact thereof upon the surrounding area.
APPROVED by the Board of County Ce~mm~i~ssioners of Pitkin County,
Colorado, at their meeting held ~~~~ ~, 1977.
' :; ~ ~ is
tip' ~r.
' ~ = ~~~ ~ '' TAE BQ?1RD OF COUNTl COMMISSIONERS
=, l , .~ :~ u .,.
ti :. OF PI "I;'IN COU 'TI' ~ C°OLORe'1D0
~.
~,.., . -~' i 1
~ Ii
~ ~' ~ ~
,~ '
-~^' ~~' `Cn~irman
y Clci-
'>"
MEMORANDUM
T0: Pitkin County Planning Commission
FROM: Planning Staff (HC)
RE: L.D.S. Church - Subdivision Exemption
DATE: December 3, 1976
This is a request by the L.D.S. Church for Subdivision Exemption to allow
the transfer of three (3) uses of land from Jim Moore to the L.D.S. Church.
The land is generally located to the south of the Aspen High School and is
zoned AF-2 P.U.D. The zoning code allows a church by right in the AF-2 zone.
A subdivision exemption is allowed in the L.U.C. by Section 4.02.02 a. 4.
which allows exemption for community facilities to include a church provided
the exemption conforms with the provisions and regulations of the Land Use
Code. Planning and Zoning Commission review is not required but we felt your
review of this application would be appropriate.
The Planning Office supports granting the Subdivision Exemption provided access
to the L.D.S. Church can be negotiated in the present high school access road.
The proposal shows use of an easement for access which intersects the high
school road at its confluence point with Maroon Creek. We feel this creates
a hazardous road intersection and cannot recommend approval of the proposal
as presented.
A plat of the proposal will be available at your meeting for inspection.
r°
vwr APPENDIX B
PITKIN COUNTY
LAND USE APPLICATION FORM PROJECT NUMBER
DATE SUBMITTED
Section/~Plarcel /
IUO(/ .C C~(-~
TO BE COMPLETED BY APPLICANT:
NAME Tri-Co Management, Inc.
ADDRESS Box 1730 Aspen, Colorado 81611
PHONE 925-2688
NAME OF PROJECT MOOYe Exemption
PROJECT LOCATION: (On attached sheet, locate on zoning map, showing boundaries
of any natural hazard and resource areas, any other special
regulatory districts, Section 5, Land Use Code; and locate
on appropriate CSU/ERA Maps any areas not covered by the
above.)
TOTAL AREA 3 Acres
EXISTING USE(S)
Vacant Land
PROPOSED USE (s) Church - 3000 Square Feet
(approximate square
footage for each)
PRESENT ZONING OF SITE AF 2 - PUD
DESCRIPTION OF LAND USE PROPOSAL Construction o£ a Church
TO BE COMPLETED BY THE PLANNING OFFICE
TYPE OF APPLICATION: ~ REZONING ~ SUBDIVISION
P.U.D. EXEMPTION
SPECIAL REVIEW 35-acre + SUBDIVII
BUILDING PERM/IT REVIEW
RDVIEW PHASE: PRE-APPLICATION N~IQ~ , ~~ /f q(~ DATE COMPLETED
GENERAL SUBMISSION P. C. ACTION DATE
BOARD ACTION DATE
DETAILED SUBMISSION P.C. ACTION DATE
BOARD ACTION DATE
FINAL PLAT BOARD ACTION DATE
C
Id E Id O R A tJ D U M
T0: Ted P1ularz
FROM: Planning Staff (HC)
RE: L.D.S. Church Subdivision Exemption
DATE: April 4, 1977
Pursuant to our conversation, the follo~~ring natters ~~rere discussed
relevant to the L.D.S. Church Subdivision Exemntion and Commissioner's
Resolution:
1. Submittal of additional dra!•ring details showing
sections for berming; landscaping to include types,
sizes and number; a drainage plan; definition of
the grassphalt area for parking; and road construction
details.
2. You were to confirm approval of the site plan with
Mr. .lames f4oore.
3. lde will schedule Planning and Zoning Conmission's
revieo-r for April 13, 1977 and Commisioner's review
on April 25, 1977.
If you have further questions in this matter, please call.
~ i~.~ ~~
~,
PITKIN COUNTY ATTOFNEY
January 28, 1977
Peter Van Domelen, Esq.
Suite 202
400 East Main Street
Aspen, Colorado 81611
Re: LDS Exemption
Dear Pete:
I have reviewed the minutes of the Commissioners meeting and the
materials you have submitted. I am enclosing a copy of the resolution
that I propose for Mike's signature inasmuch as I feel it more accurately
represents the action taken by the-Board.
As is apparent,it anticipates an agreement between your clients and
the school district of far greater scone than the road realignment; more
specifically, an agreement for the construction of a joint parking facility
should be executed before a building permit for the chuch issues. If you
disagree with my interpretation of the minutes, please let me know. I
was not at the meeting and consequently have no independent recollections
to work with.
However, it is also apparent that the recordation was conditioned only
upon the execution of the trail easement (which is satisfactory). If
you wish to forward the documents for 2doore's signature (they are all
OK) and approach the Commissioners again about the need for execution
of the agreement prior to permit issuance, it appears that this ap-
proach would be proper.
Please let me know how you would like to proceed.
Very truly yours,
Sandra M. Stuller
Pitkin County Attorney
cc: Hal Clark
Enc.
.~, ~..
1 RESOLUTION OF THE BOARD OF COUNTY COM?IISSIONERS
OF PITKIN COUNTY,COLORADO, GRANTING P.tJ EXEMPTION FROM THE DEFINITION
OF SUBDIVISION FOR THE CONVEYANCE OF APPROXIMATELY THREE ACRES OF LAND
TO TFtE CHURCH OF CHRIST OF THE LATTER DAY SAINTS, ALL AS PROVIDED BY
SECTION 9.02 OF THE PITKIN COUNTY LAND USE CODE
I
I
'. / ,' RESOLTUION NO. 77-
i
~' WHEREAS, James E. and Alberta L. Moore have made application for
'~. an exemption from the definition of subdivision for the parcelling and
~ conveying of approximately 3 acres of land so as to provide a site for
~I the construction of a new church in the area of the Aspen High School, and
'. WHERF•AS, the Board of County Commissioners has determined that the
grant of the exemption is appropriate, provided that certain conditions
be met before recordation of the plat and issuance of a building permit,
NOS•7 THEREFORE, be is resolved by the Board o` County Commissioners
~''.
of Pitkin County, Colorado:
1. That the conveyance of approximately 3 acres of land by James
E. and Alberta A. Moore to the Church of Christ of the Latter Day
Saints, which parcel is more specifically described on the exemption
i
plat to be made of record; be and hereby is granted an exemption from
'~. the definition of subdivision and the owners are absolved from compliance
with the subdivision regulations of Pitkin County.
2. That this exemption is conditioned upon the grant of an easement
~,~ by James E. and Alberta L. Moore for a pedestrian, equestrian and bicycle
trail from Glen Eagle Drive to the Aspen High School, which easement shall
~ be identical to that presently in use and be conveyed simultaneously
with the recordation of the exemption plat.
s
-1-
3. That this exemption is further conditioned upon the following
reC_Yements being satisfied before the igaAance of a building permit
for the construction of the proposed church:
That the Moores and the School District execute an agreement providing
for (a) the specific location and design of a joint access zoad (using
the existing school entrance) the specific grade and curve of which shall
be subject to the approval of the County Engineer (b) the location of
a joint school and church parking lot designed in such a way so as to
reduce the impacts of such parking facilities (including be rming) (c)
contruction of the parking area without paving and with provision for
dealing with run-off (if the County Engin c-.er should require) and (d) the
incorporation of all these concerns into a site plan.
Prior to the issuance of a building permit, this site plan shall
be reviewed for conformance of the plan to the provisions of the County
Land Use Code, be reviewed by both the Board of County Commissioners and
the Planning Commissioners, and have the approval of both endorsed thereon.
APPROVED by the Board of County Commissioners of Pitkin County, Colorado,
at their meeting held January 24, 1977.
THE IIOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Chairman
ATTEST:
County Clerk
_z_
MEMORANDUM
T0: Pitkin County Commissioners
FROM: Planning Staff (HC)
RE: L.D.S. Church (Moore) Subdivision Exemption
DATE: December 22, 1976
This is a renewed request by the L.D.S. Church for Subdivision Exemption
to allow the transfer of three (3) acres of land from Jim Moore to the
L.D.S. Church. The land is generally located to the south of the Aspen
High School and is zoned AF-2 P.U.D. The Commissioners tabled the request
on December 13, 1976, pending resolution of access concerns to the
Church property. On December 17, 1976, Jim Reser, Jim Moore, Peter
Guy, Bob Elliott and Hal Clark met at the High School to inspect the
access location to the new L.D.S. site. The attached agreement and
revised survey represent the conclusions of all parties as to proper
access design.
The Planning Office recommends approval of the Subdivision Exemption
conditioned upon the terms of the access agreement and upon satisfactory
review of the site plan for the church by the Commissioners prior to
building permit issuance.
..~ .~.~
theodore I. mularz aia architects
p. o. box 166 aspen, cotorado si6i~ telephone 925-3365
warren I. Palmer, associate
29 September 1976
T0: PITKIN COUNTY BOARD OF COh°MISSIONERS
FROM: THEODORE L. MULARZ, AIA
RE: SUBDIVISION EXEMPTION TO ALL_CW APPROX 3 ACRES OF
JAMES E. MOORE PROPERTY TO BE SOLD FOR THE
CONSTRUCTION OF A CHURCH
- SUBJECT: STATEMENT OF PURPOSE
It is the intent of the members of the Church of Jesus
Christ of Latter Day Saints to construct a church building
in which they will hold meetings and religious services.
As indicated in other exhibits, the parcel of land, con-
taining approximately three acres, is adjacent to other
institutional property occupied by the Aspen Middle
School and Aspen High School with respective improvements.
It is anticipated that the Church Building would be
approximately 3000 square feet in size plus a basement.
This would create little if any impact on the adjacent
residential neighborhood containing structures of a
similar size.
The estimated traffic flow and occupancy is as follows:
SUNDAY: 8:30 A.M. to 1:00 P.A1.
30 people; 10 cars
plus visit ors
TUESDAY: 7:30 P.M. to 9:30 P.M.
4 people; 2 c ars
WEDNESDAY: 2:30 P.M. to 4:30 P.M.
15 people; 3 cars
7:00 P.M. to 9:00 P.M.
15 people; 5 cars
ist THURSDAY, EACH MONTH:
15 people; 6 cars
As is demonstrated above, the traffic flow and occupancy
would not coincide with normal school hours and functions.
-'
29 September t976
T0: PITKIN COUNTY BOARD OF COMMISSIONERS
page 2
The LDS Church would make this facility available for
use by the community provided that the community group
requesting use would abide by the use regulations as
established by the Church.
The Subdivision exemption is thus being requested on the
basis that a parcel is being created to provide for a
community facility v+ith no significant impact on adjacent
properties or traffic conditions.
It should be further noted that "Churches located on a
lot of at least 2 acres in size ~<~i~ii each building
situated at least 30 feet from all property lines" is a
use allowed by right in aii zones. (R-30, R-15, R-6, SR,
AF-t, AF-2, AF-3, AR-1, AR-2 and T.)
Because of the above criteria, it is felt that the creation
of this 3 acre parcel is in accord with the Pitkin County
Land Use Code and entitled to an exemption from sub-
division procedures.
,;,~2~-c.~--.smut ~S• ~-~~~;r-,
Theodore L. Mularz, AIA
TLt/:as
t h eodo re I. mularz AIA architects
- - _ __ ___ _, - .---~y
p. o. box i6e aspen, Colorado 01611 ~ telephone 925-3365
warren I. palm er, associate
29 September 1976
T0: PITKIN COUNTY BOARD OF CON:MISSIONERS
FROM: THEODORE L. MULARZ~ AIA
RE: SUBDIVISION EXEMPTION TO ALLO'~N APPROX 3 ACRES OF
JAMES E. tYS00RE PROPERTY TO BE SOLD FOR THE
CONSTRUCTION OF A CHURCH
SUBJECT: STATEMENT OF PURPOSE
It is the intent of the members of the Church of Jesus
Christ of Latter Day Saints to construct a church building
in which they will hold meetings, and religious services.
As indicated in other exhibits, the parcel of land, con-
taining approximately three acres is adjacent to other
institutional property occupied by the Aspen Middle
School and Aspen High School with respective improvements.
It is anticipated that the Church Building would be
approximately 3000 square feet in size plus a basement.
This would create little if any impact on the adjacent
residential neighborhood containing structures of a
similar size.
The estimated traffic flew and occupancy is as follows:
SUNDAY: 8:30 A.M. to 1:00 P.M.
30 people; 10 cars
plus visit ors
TUESDAY: 7:30 P.M. to 9:30 P.M.
4 people; 2 c ars
WEDNESDAY: 2:30 P.M. to 4:30 P.M.
15 people; 3 cars
7:00 P.M. to 9:00 P.M.
15 people; 5 cars
1st THURSDAYS EACH MONTH:
15 people; 6 cars
As is demonstrated above, the traffic flow and occupancy
would not coincide with normal school hours and functions.
+'
,. ~~.
29 September 1976
T0: PITKIN COUNTY BOARD OF COMMISSIONERS
page 2
The LDS Church would make this facility available for
use by the community provided that the community group
requesting use would abide by the use regulations as
established by the Church.
The Subdivision exemption is thus being requested on the
basis that a parcel is being created to provide for a
community facility vdith no significant iri~pact on adjacent
properties or traffic conditions.
It should be further noted that "Churches located on a
lot of at least 2 acres in size with each building
situated at least 30 feet from all property lines" is a
use allowed by right in all zones. (R-30, R-15, R-6, SR,
AF-t, AF-2, AF-3, AR-i, AR-2 and T.)
Because of the above criteria, it is felt that the creation
of this 3 acre parcel is in accord with the Pitkin County
Land Use Code and entitled to an exemption from sub-
division procedures.
~~~ ~~~
Theodore L. Mularz, AIA
TLM:as
~ e..,~~
ASPEN/ PITKIN ~'~~nr
130 sout~t ~ateai
aspen, _,c~~~~orado
Q .. ~~
November 30, 1976
Mr. Bob Ell~bt
Aspen High School
Aspen, CO 81611
Dear P1r. Elliot,
~,~
ing Department
street
81611
P~suant to our discussion today I am herewith for4rarding a copy of
the Moore exemption plat and application for your review. Spec-
ifically, we wish your conu~ent on the appropriateness of the
proposed road access through the High School property to the L.D.S.
Church site. It is hoped that a more suitable arrangement for access
'can be developed between the High School and Mr. Moore.
Thank you for your assistance in this matter.
Very Truly Yo~xs ,
/~L~ -
Hal Clark ~~
Land Use Administrator
cc: Jim Reeser
HC/jc
L
1
F1
~~
0
Office of the B~Tiling Inspector
..-
506 E. PSA!'v STREET
Mr. Ted Mularz
Box 166
Aspen, Colorado II1611
RF: L.D.S. Church, Footers
Dear Ted:
..r
ASPEN, COLORADO 81611
June 17, 1977
In response to our conversation of Wednesday, June 15, 1977 concerning
the depth of footers required by the county I have the follor;ping comments.
As I i.old you the other day, the county recommends a depth of 36" from the
finished grade to the botto~rt of the fcoters. Hotrever, we only require
30" firom tine finished grade to the boi.tom of the footers. This, we have
found, twill keep you belo~! the frost lire and meet our codes. I hope
that this is the information you required.
If you have any further questions, or we can be of any assistance
please don't hesitate to contact me.
FJC:kals
Very truly yours,
~i~, C I' L' ~ -_-~,L/
~/
Fred J. Crowley
Building Lispector
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Recorded at........___...__............o'clock........... yt .. ..................
...........
Reception \o...... - .
JADfES E. MOORE and ALBERTA L. MOORE
whose address is
County of Pitkin ,State of
Colorado ,for the consideration oP TEN
and other valuable consideration
dollars, in hand paid/hereby sell(s) and convey(s) to
.........Rerorder.
CORPORATION OF THE PRESIDItIG BISHOP OF TN_E CfiURCH OF JESUS CHRIST
OF LATTER DAY SAINTS, A UTAH CORPORATION SOLE.
whose address is ~ County of
,and St<1te of the following real property in the
County of ,and State of Colorado, to wit:
As set forth in Exhibit A which is attached hereto and. made
a part hereof.
with all its sppurtenances, and warrant(s) the title to the same, subject to reservations,
exceptions, easements and restrictions of record; and general
real estate taxes for 1977 becoming due and payable in 1978.
C
Signed this
STATE OF COLORADO,
day of , 19
County of Pitkin
James E. Moore
Alberta L. f4oore
N
The foregoing instrument was acknowledged before me this
day of , 19 , by James E. Aloore and Alberta L. Moore.
My commission expires
Witness my hand and official seal.
......................................................................................
Notary PDDIIo
etabtory ACkwgrlwQpwNnf.-![ DY natunl pwrwon or pwrrau Dsr• lnwrt name nr nam.a; It DY Mann aCthtR In nDrewwntallra or f
ofncW uD4a ty or wn attorowyln-roat th.n {n,wrt name ref {rr.m M w[rcutor •[n+nwyin-f net or othwr ca cl[Y or S.ucrlp- ~
tion; 1; 6y of r4+.r of wrp..atloo tfMn Inawrt namw of such officwr nr off lean u Iha DrraWwot or otMr uff Pen of such wr- li
D:.ratloa namint IL
No. 897. w..n.rr os-ee.n r.rra--a.r. ua-t-u. c.a.a. fiu ~ -or..m,ra r.nh.n~.e c,... f,a~.te sto,~r s[r..e. urn..r. f•~a„~,.n _7.Tf --
EXHIBIT A
A tract of land situated in the NW 1/4 of the NE 1/4 of Sec. 14.
Twp., lOS, R, 85W, of the 6th P.M. being more fully described as
follows: Beginning at a point in the Easterly line of Aspen
Highlands Subdivision whence the North 1/4 Corner of said Sec. 14
bears North 202.50 feet, thence S. 73°43'30" E. 210.00 feet,
thence S. 33°00'E 115.00 feet; thence S. 18°50'E. 140 feet; thence
S. 35°40'E. 120 feet; thence 19°15'E. 150.93 feet; thence N.73°
43'30" W. 447.05 feet to the Easterly line of said Aspen Highlands
Subdivision; thence along said Easterly line North 402.50 feet to
the point of beginning.
Together with the following described easements:
1. Anon-exclusive easement for the benefit of the grantee
and its successors and assigns for road and utility
purposes over and across that parcel of land located
in the NW 1/4 of the NE 1/4 of Section 14, Township 10
South, Range 85 West of the 6th Principal Meridian,
said easement being more fully described as follows:
Beginning at a point on the west line of said NW 1/4
of the NE 1/4 whence the North 1/4 corner of said
• Section 14 bears North 140.00 feet; thence S 73°43'
30" E 62.50 feet; thence North 62.50 feet; thence
N73°43'30" W 62.50 feet to the point of beginning.
for the purposes of providing road and utility access,
as aforesaid, from the parcel of land herein conveyed
to the grantee to the easement area hereinafter desc-
ribed in paragraph 2 below.
2. The non-exclusive right for the benefit of the grantee
and its successors and assigns of the full use and en-
joyment of that certain easement for road and utility
purposes heretofore granted by Aspen School District
No. 1 Re. to the grantors herein and their assigns by
that certain Easement Agreement recorded in Book _
at Page over and across that parcel of land located
in the SE 1 4 of the SW 1/4 and SW 1/4 of the SE 1/4
of Section 11 and the P7W 1/4 of the NE 1/4 of Section 14
all in Township 10 South, Range 85 West of the 6th
Principal Meridian, said easement being more fully des-
cribed as follows:
Beginning at the South 1/4 corner of Section 11
thence South 140.00 feet; thence S 73°43'30"E
280.44 feet; thence N33°00'00"A~ 30.66 feet; thence
N60°30'00"6V 198.20 feet; thence North 100.02 feet;
thence N06°46'4.8"W 115.15 feet; thence 296.89 feet
along the arc of a curve to the left having a radius
of 132.00 feet, the chord of which curve bears N24°
31'57"W 238.15 feet, to a point on the Easterly
right of way line of the Maroon Creek Road; thence
SO1°02'00"W 80.00 feet along the Easterly right of
way line of the Maroon Creek Road; thence S88°58'
00" E 3.52 feet; thence 506°46'48"E 257.48 feet to
the point of beginning.
for the purpose of providing road and utility access,
as aforesaid, from the easement area described in para-
graph'1 above to fiaroon Creek Road.
Subiect to that certain Trail Easement recorded in Book _
at Page of the Pitkin County Records.
~•:.:
EASEDSE;NT AGREEPIEN'I'
This Agreement made between James E. P4oore
and Alberta L. Moore, of Aspen, Colorado,. First Parties, and
Aspen School District P1o. 1 Re., of Pitkin County, Colorado,
Second Party.
6dITt?ESSETH
Whereas, First Parties by that certain Deed dated August 9, 1971
and recorded August 10, 1971 in Book 258 at Page 887 conveyed
to Second Party a certain parcel of land as more fully described
therein and reserved for the joint use of First Parties and
Second Farty a road and utility easement over and across a
portion of the parcel so conveyed; and
Whereas, the parties now desire to revise and clarify the ease-
ment so reserved and their respective rights and obligations with
respect thereto; and
Whereas, to accomplish this end First Parties have agreed to (quit
Claim and release to Second Farty all of their right, title and
interest in the easement so reserved, and Second Farty has agreed
to grant and convey to First Party, and to their heirs, personal
representatives anr_ assigns, a new easement containing those
revisions and clarifications which have been agreed upon
between the parties:
NOW THEREFORE:
1., First Parties hereby Quit Claim and release to Second
Party and its successors and assigns, all of First Parties
right, title and interest in that certain easement reserved
to First Parties in that Deed dated August 8, 1971 and
recorded August 10, 1971 in Book 258 at Page 887, said
easement being located in the SE 1/4 of the SP? 1/4 and
the SW 1/4 of the SF 1/4 of Section 11 and the LTW 1/4 of
the NE 1/4 of Section 14, all in Toy^!n ship lOS, Range 85W
of the 6th Principal Peridian, Pitkin County, Colorado,
and being more fully described as follows:
Beginning at the South 1/4 corner of Section 11;
thence South 140.00 feet; thence 573°43'30"E, 83.34
feet; thence Ncrth 168.09 feet; thence N6"'46'48"P7,
275.29 feet; thence 83.09 feet along a curve to the
right having a radius of 87.50 feet (the chard of
which bears S83°13'12"W: 80.00 feet); thence 56"46'48"E
270.54 feet to the point of beginning.
2. Second Party hereby grants and conveys to Flrst Party
and to their heirs, personal representatives and assigns,
a non-exclusive easement for road and utility purposes
for the joint and mutual use of First Parties, and thier
heirs, personal representatives and assigns, and Second
Party, and its successors and assigns, over and across that
certain parcel of land located in the SE 1/4 of the SN 1/4
and the SS^7 1/4 of the SE 1/4 of Section 11 and the
NW 1/4 of the NL' 1/4 of Section 14, all in Township
lOS, Range 85W of the 6th Principal Meridian, Pitkin
County, Colorado, and being more ful]~~ described as
follows:
Beginning at the South 1/4 corner of Section 1]
thence South 140.00 feet; thence S 73°43'30"E
2x0.44 feet; thence N33°00'00"W 30.66 feet; thence
PI60°30'00"Y? 198.20 feet; ti~ence P?orth 100.02 feet;
thence PTC6°46'48"W 115.15 feet; thence 296.89 feet
along the arc of a curve to the left having a radius
of 132.00 feet, the chord of which cur-;e bears N29°
31'57"W 238. ?.5 feet, to a point on the Easterly
right of way line of the Maroon Creek Road; thence
.~ ~.
SO1°02'0'"W 80.00 feet along the Easterly right of
way line of the Maroon Creek Road; th~.nce S88°58'
00"E 3.52 feet; thence 506°46'48"£ 257.48 feet to
the point of beginning.
3
Said easement is being given for the purposes of providing
road and utility access to and from Maroon Creek Road for
the benefit of those lands of the First Parties which may
be serviced thereby and which are situated adjacent to
and/or in the vicinity of that parcel of land conveyed
by First Parties to Second Party by the aforementioned
deed recorded in Book 258 at Page 887; and said easement
shall be deemed a covenant r~_inning with the land for the
benefit of First Parties, and their heirs, personal rep-
resentatives, assigns and successors in interest to any
such lands.
Attached hereto and made a part hereof is a Map dated
November 5, 1976 prepared by Tri-CO. Management, Inc.
with respect to which reference is hereafter made. The
parties recognize that a portion of the existing driveway
which provides access from Maroon Creek Road to the school
facilities situated on Second Party's land is located
easterly of the easement area described in paragraph 2
above and that said existing driveway encroaches upon the
lands of First Parties lying to the South, all as shover. on
said Map. The parties further recognize that the ease-
ment area described in paragraph 2 above is presently
being utilized by Second Party for parking lot purposes.
The parties wish to provide for the temporary accomodation
of this situation and to further provide for the eventual
re-location of the existing driveway onto the easement a_ea
described in paragraph 2 above. It is, therefore, further
agreed as follows:
(a) At such time as there shall be any residential or
commercial development of the lands of First Parties which
are benefited by the easement granted in p,~ragraph 2 above,
or at the option of Second Party at any time prior thereto,
Second Party agrees that it will discontinue to use that
portion of its existing driveway which is located easterly
of the easement area described in paragraph 2 above and
that it will, in lieu thereof, utilize the easement area
described in paragraph 2 above for access and driveway
purposes substantially in accordance with the driveway
plan as set forth on said ^4ap.
(b) Until such time as the existing driveway shall be
re-located as provided for in sub-paragraph (a) above, First
Parties grant to Second Party a temporary easement for drive-
way purposes over and across that portion of First Parties'
lands which are encroached upcn by the existing driveway
constructed by Second Party; provided-, that upon the re-
location of said existing dri~•eway the temporary ease-
ment herein granted shall automatically cease and terminate.
(c) Until such time as the existing driveway shall be
re-located as provided for in sub-paragraph (a) above, First
Parties consent to the tempcrary use by Second Party for
parking let purposes of.the easement area described in
paragraph 2 above; provided, that upon ti:e re-location of
said existing dri~•eway the use of said easement area for
parking lot purposes shall automatically cease and terminate.
(d) Until such time as the existing driveway shall be
re-located as provided for in sub-paragraph (a) above, Second
Party grants to First Parties and to their heirs, personal
representatives and assigns a non-exclusive easement for
road pi.~rposes over and across the existing driveway on
Second Party's land to provide access from Maroon Creek Road
to First Parties lanes situated adjacent thereto and/or in
the vicinity thereof; provided, that upcn the re-location of
,. ,
said existing driveway the temporary easement herein
granted shall automatically cease and terminate.
IN WITNESS Wf':EREOF, First Parties and Second Paxty have executed
this Agreement the day and year first written above.'
James E. Moore
ASPEN SCffOOL DISTRICT No. 1 Re.
` BY
A erta L. Moore
STATE OF COLORADO )
ss
COUNTY OF PITKIP7 )
its
Attest:
its
The foregoing instrument was acknowledged before me this
day of _ 1977 by James E. Moore and Alberta L. More.
Notary Public
Witness my hand and seal.
My Commission expires:
STATE OF COLORADO )
ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of 1977 by _
cf the Aspen School Digstrict No_ 1 Re.
r..
Notary Public
Witness my hsnd and seal.
My commission expires:
.~,~
TEMPORARY EASEMENT
WHEREAS, JAMES E. MOORS and ALBERTA L. MOORS, First'Parties,
by that certain deed recorded in Book at Page _ of
the Pitkin County Records conveyed to CORPORATION OF PRESIDING
BISHOP OF TFIE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, a
Utah Corporation Sole, Second Party, the parcel of land des-
cribed therein together with certain easements and easement
rights for the purpose of providing permenant road and utility
access from said parcel o= land to Maroon Creek Road; and
WHEREAS, under the provisions of paragraph 3(d) of that certain
Easement Agreement recorded in Book at Page ,
herein called the Easement Agreement, ASPEN SCEOOL DISTRICT
No. 1 Re. granted to First Parties and their assigns certain
temporary easement rights for the use of an existing driveway
to provide temporary access f:=om Maroon Creek Road to the lands
of the First Parties; and
WHEREAS, First parties wish to avail Second Party of said Temp-
orary Easement rights aa~d to further provide Se and Party with
a temporary road easement across certain lands of First Pa ties
for the purpose of providing Se and Party with a temporary road-
way easement from P:aroon Creek Road to the parcel of land conveyed
to Second_Party, as aforesaid;
NOW THEREF~~RE, Fi!~st Parties, for valuable considerations the
receipt of which are hereby acknowledged, hereby grant to Second
Party and its successors and assigns the non-exclusive right of
the full use and enjoyment of the temporary roadway easement
which was granted to First Parties and their assigns under the
provisions of paragraph 3(d) of said Easement Agreement, together
with a temporary and non-exclusive easement for road purposes
sixty (60) feet in width over and across that parcel of land
owned by First Parties as outlined in red on the Tri-Co. Manage-
ment, Inc. map dated November 5, 1976 which is attached hereto
and made a part hereof; provided, that the rights and easements
herein granted shall automatically cease and terminate upcn the
termination of the Tempcrary Easement rights granted to First
Parties under the provisions of paragraph 3(d) of said Easement
Agreement.
IN WITNESS WHEREOF, First Parties have executed this Temporary
Easement this dat of January; 1977.
James E. P'ioore
Alberta L. Aloore
STATE OF COLOP.ADG
COUNTY OF PITKIN
ss
The foregoing instrument was acknowledged before me this
day of January, 1977 by James E. Pioore and Alberta L. Moore.
Notary Public
Witness my hand and seal.
My commission expires:
TRAIL EASEMEP7T
James E. Moore and Alberta L. t4oore of Aspen Colorado, as
First Parties, for valuable considerations the receipt of
which are hereby acknowledged, grant and convey to Aspen
School District No. 1 Re. of Pitkin County Colorado, as Second
Party, for the use of Second Party and its invitees and
licensees, a ten (10) foot wide trail easement for pedestrian,
bicycle, and equestrian traffic over and across the land of
First Parties for the purpose of providing said trail access
between Glen Eagles Drive and the land of Second Party, said
trail easement being described as:
An easement ten (10) feet in width the Westerly line
of which is described as beginning at a point on the
Easterly line of Aspen Highlands Subdivision whence the
North 1/4 corner of Section 14, Township 10 South,
Range 85 West, 6th P.M., Pitkin County, Colorado,
bears North 140.00 feet, thence South 329.50 feet along
said Easterly line of Aspen Highlands Subdivision.
The easement herein granted shall remain in full force and
effect for so long as the same shall be used by Second Party
for the purposes herein as set forth, and in the event that
Second Party shall abandon said easement or shall alienate,
or attempt to alienate, its interest therein, then the ease-
ment herein granted and all rights with respect thereto shall
automafically vest in and become the property of the County
of Pitkin, State of Colorado, for the use of the public, for
those trail purposes as hereinabove set forth.
IN {4ITNFSS F'FIEREOF, First Parties have executed this Trail
Easement this day of January 1977.
James E. Moore
Alberta L. Moore
STATE OF COLORADO )
ss
COUNTY OF PITKIN )
The foregoing instrument wzs acknowledged b~-.fore me this
day of January, 1977 by James E. Moore and Alberta L. Moore.
Notary Public
Witness my hand and seal.
My Commission Expires:
~~~~
.~
~ of the Division f Wildlife, stated his concern about the migration patterns throi
~ the Little Elk Creek area. Hal Clark, of the Planning Offlce, noted that the wiL-
patterns in the area had to be remapped, but that these two lots should not treat..
a substantial impact. Edwards pointed out that the sewage disposal must be resol
Clark replied that this would be done at the same time the water supply is affirr
Bob Child noted that there had been no comment from the caucus, and felt that t
~ ~ procedure should have been followed. Ae also expressed concern about water and
sewage. Clark stated that the subdivision procedure does not require referral t
1 ~.
.~
caucus. Edwards asked that this be added to the Land Use Code for future subdiv
and that for ;his subdivision the caucus referral be made before the final plat
approval.
On a motion from Rinsley and a second by Edwards, the Commissioners moved to ar
this subdivision when the concerns of the Planning Office are met. This was app_
unanimously.
LDS Church The next item was a request for a subdivision exemption by the Church of the L.
Exemption
Daq Saints. The proposal involves a church site located on Jim Moore's propert;
?' - adjacent to the high school. This will involve a transfer of three acres from ?
:' Moore to the church. The area is zoned AF-Z PUD. This request was presented at
December 13th meeting and tabled pending resolution of the access problem; the
j~ Commissioners requested that a joint access serving both the high school and the
~.
':~ - church be devised. A site inspection was done by Jim Reser, Jim Moore, Peter Gu.
~i
%~ Bob Elliott and Hal Clark. It was determined that the access problem could be r
~1
` by two easements; a small 80' wide easement from the School District to the chu-
i;
and an 80' wide easement from Jim Moore to the School District which will allow r
~~
road below the present road serving the high school. Bob Elliott, from the high
school, noted that the new road will eventually be built-for use by both groups r
• that the high school will then abandon the existing access, although they want tc
:i ~
continue to have the parking lot reserved.
~ Rinsley expressed concern that assurance be given that the two roads would nevi
y:
;~ be used separately. Edwards requested that a trail easement be given £or the hir:
t.
j school students who cross the property from Glen Eagle Drive to the high school.
. Mnlarz, architect for the church, noted that they planned a 3000 square foot one-
' story building.
L '
Commissioners Meeting
December 27, 197b
.;.,y :w
Edwards moved that the application for subdivision exemption on behalf of Jim Moore
and permission to sell the platted parcel to the LDS Church, as represented by the
maps presented, be conditionally approved and effective upon the following documents
being provided to the County Attorney: an agreement between the School District
and Jim Moore providing for the specific location and design for a single-access road
for both the highschool and the Church in the area where the entrance now occurs,
the specific grade and curve to be subject to the approval of the County Engineer,
and that a map thereof be provided; that the location of the parking lot and berming
for both the school and the church parking be provided on the map to mitigate the im-
pacts of the parking; that there be restrictions against paving of the parking lot
and, if the County Engineer deems appropriate after review of the site plan, provi-
sions for runoff control be implemented; that an easement be granted by the appli-
cant for a pedestrian, equestrian and bicycle trail from Glen Eagle Drive to the
school property in the area where such trail is now in place; that prior to issuance
of a building permit the site plan shall be_reviewed for conformance with the policies
of the code and approval of the Commissioners and the P h Z be endorsed thereon.
Kinsley seconded the motion and it passed unanimously. Edwards amended the motion
to state that the exemption would be granted upon the sole condition of the grantiag
of the trail easement therein specified in a location and manner satisfactory to
the County Engineer and the County Attorney, and that the other four conditions men-
tioned would be conditions of review required as a condition to issuance of a build-
ing permit on the property but flowing from the grant of the exemption; the authority
for the limitations flows from the authority to grant the exemption, although the
documentation shall not be required to be provided until prior to the issuance of a
building permit. Kinsley seconded the amendment and it passed unanimously. The
resolution for the subdivision exemption is to include the access agreement.
Shellman arrived.
>ter- Robert Schuster requested a subdivision exemption to permit the transfer of 30.56
3enedict
~tion acres to the St. Benedict's Monastery. He owns a total of 35.76 acres of land, so
he would retain 5.2 acres for a building site. The property is zoned RS-160; a 35
I
acre tract is therefore non-conforming. The Board of Adjustment granted a variance
to Mr. Schuster on December 7, 1976, to reduce the size of the non-conforming tract
from 35 to 5.2 acres. The Planning Office memo notes that the intention of the
lssioners Meeting December 27, 1976 - 3
Box 1730
~. ~-c0 Management, inc. Aspen.
r~a~uuny • ueaiyil • ;,Urv~~ .,;; ~~,y~ne~i my ~-" „t~~„ ColOrBdo 81611
and Management of Land 303.9252688
December 21, 1976
MOORE - CHURCH OF THE LATTER DAY SAINTS
REVISED ROAD AND UTILITY EASEMENT
(SEE BOOK 256, PAGE 687)
A ROAD AND *'TILITY EASEMENT LOCATED IN THE
SE '_/4 OF tir; 5W 1/4 AND SW 1/4 OF mNF' SE i,~4 OF
SECTION 11 AND THE NW 1/4 OF THE NE 1/4 OF
SECTION 14 ALL IN TOWNSHIP 10 SOUTH, RANGE 85 WEST
OF THE 6TH PRINCIPAL MERIDIAN. SAID EASEMENT IS
MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH 1/4 CG-"3R OF SECTION 11;
THENCE SOUTH 140.00 FEET;
THENCE S 73°43'30" E 83.34 FEET;
THENCE NORTH 168.09 FEET;
THENCE N 06°46'48" W 319.88 FEET;
THENCE N 88°58'00" W 74.94 FEET TO A R7INT ON THE
EASTERLY RIGHT OF WAY LINE OF THE MAROON CREEK ROAD;
THENCE S Cl"~~'~:" iv 3n nn FELT Lr.C?°~^ ""IE EASTERLY
RIGHT OF WAY LINE OF THE MAROON CREEK ROAD;
THENCE S 88°58'00" E 5.17 FEET;
THENCE S 06°46' 48" E 245.37 FEET TO "_'_... ~ OINT OF
BEGINNING.
A Subsidiary of I rico Corporation Offices throughout the West
_-