Loading...
HomeMy WebLinkAboutBocc Packet 02122014 Le ChamonixMEMORANDUM TO: Pitkin County, Board of County Commissioners c 1k THRU: Cindy HotM ri C'ornmunity Development Director FROM: Michael Kraemer, Planner RE: Le Chamonix Detailed Submission/Final Plat and Planned Unit Development (PUD) DATE: February 12th, 2014 REQUEST: The Applicant is requesting Detailed/Final Plat and PUD approval to finalize a Rezoning and Land Use Code amendment for the Le Chamonix Association, Inc. multi -family housing complex. The purpose of this request is to enable individual units to build out basement space and to eliminate the non- conforming status of the property. APPLICANT: Le Chamonix Homeowners, Inc. PID#:273514202002 thru 012. REPRESENTATIVE: Davis Horn, Inc. LOCATION: 1501 Maroon Creek Road — Across from Highlands Ski Area ZONING/LOT SIZE: AR-10/1.953 acres • 2010 AERIAL PHOTOGRAPHY: The subject units are highlighted in orange. 00000l c-C r� Page 1 of 3 BACKGROUND: The BOCC granted Subdivision/PUD Conceptual Submission, Activity Envelope approval, pursuant to Resolution No. 95-2012. With this approval, the BOCC amended the Land Use Code to create the Residential Multi -Family (RMF) Zone District pursuant to Ordinance 029-2013, and at the same time, rezoned the subject property to RMF pursuant to BOCC Ordinance 030-2012. Both the Code amendment and the rezoning are not effective until the detailed/final plat are approved. The Applicant has provided these recorded documents in the proposal. It should be noted that no subdivision of land is requested at this time. The Code requires that when a PUD is requested, the 5-step Conceptual Subdivision and Detailed/Final Plat process is initiated. This submission is a request to finalize their proposal. CONFORMANCE WITH CONCEPTUAL SUBMISSION: Pursuant to BOCC Resolution No. 095- 2012, below are the conditions that are required to be satisfied as part of a Detailed Submission or Final Plat. Condition No. 2: Le Chamonix is limited to 12 units of density. Response: The Applicant is aware of this limitation and it is included in the PUD Guide. Condition No. 3: Basement buildout space is exempt from Growth Management Competition or use of TDR's. Deck enclosures and any other expansion potential are subject to Growth Management Competition or use of TDR's. Response: The Applicant is aware of this limitation and it has been included in the PUD Guide. Condition No. 4: At Detailed Subdivision/Final Plat Submission, the Applicant shall submit a refined PUD guide for the Le Chamonix property that outlines parking, allocated basement expansion and deck enclosure potential for each unit, and varied setbacks. Response: The Applicant has provided this PUD guide in their application submittal as Attachment 7. The applicant has correctly shown all of the above in a draft guide. Condition No. 5: At Detailed Subdivision/Final Plat submission, the Applicant shall provide a draft easement or ownership title to the Pitkin County Open Space and Trails Department for the trail along Maroon Creek. This easement will be forwarded to OST for review. Prior to Detailed and Final Plat approval the easement shall be formally conveyed to the County. Response: The Applicant has provided a draft easement for conveyance of the trail easement. Staff has forwarded the easement to OST and has added a condition in the draft resolution that it shall be conveyed prior to Detailed/Final Plat approval. PLANNING and ZONING COMMISSION: The P&Z heard the request on November 12th, 2013. The P&Z, on a 5-0 vote, recommended approval to the BOCC with the condition that the PUD guide be amended to state that "Deck enclosures and other expansions of floor area not under this approval are subject to the use of TDR's or a GMQS allotment". This condition has been added to the draft resolution and the Applicant has amended the PUD Guide to reflect this condition. The draft resolution can be viewed as Attachment A and the P&Z minutes can be viewed as Attachment B. STAFF'S RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt a motion approving the Le Chamonix Detailed Submission/Final Plat and Planned Unit Development (PUD) on 1' reading and set second reading (public hearing) for March 26th, 2014. 000002 Page 2 of 3 ATTACHMENTS: A. Draft Detailed/Final Resolution B. P&Z minutes from November 12`h, 2013 *Applicant's submittal provided separately. Page 3 of 3 000003 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING DETAILED/FINAL PLAT SUBMISSION AND PLANNED UNIT DEVELOPMENT APPROVAL FOR LE CHAMONIX ASSOCIATION INCORPORATED, AT THE LE CHAMONIX MUTLI FAMILY HOUSING COMPLEX, UNITS 1 THROUGH 12 BOCC Resolution No. -2014 Recitals 1. Le Chamonix Association, Inc. collectively units 1 through 12, ("hereafter the Applicant") has applied to the Pitkin County Board of County Commissioners (`BOCC") for Detailed/Final Plat Subdivision approval and Planned Unit Development (PUD) approval. The purpose of the application is to eliminate the legal non -conforming status of the multi -family housing complex and allow for creation of basement space. To accomplish the request, the Land Use Code was amended and a new zone district has been created named the Residential Multi Family (RMF) Zone District pursuant to Ordinance No. 29-2012. The subject property has been rezoned to the RMF pursuant to Ordinance No. 30-2012. Both the Land Use Code and Rezoning become effective under this Resolution. 2. With this proposal, a PUD is created in effort to vary certain dimensional requirements in the new RMF Zone District. Because a PUD can only be created during the subdivision process, the Applicant has requested Detailed/Final Subdivision approval at this time, though no land is being subdivided. 3. The Le Chamonix Multi -Family Housing Complex is located at 1501 Maroon Creek Road and is legally described as the Le Chamonix Subdivision Units 1 through 12. Attachment A depicts the units as they exist today. 4. The Planning and Zoning Commission reviewed the proposal at a regularly scheduled meeting on November 12th, 2014. The Commission voted 5-0 to recommend approval to the BOCC. 5. The BOCC reviewed the proposal at 1st Reading, Detailed/Final Submission and a public hearing, on February 12th, 2014. 2nd Reading was heard at a public hearing on March 26th, 2014. Evidence and testimony were presented with respect to the request. 6. The BOCC finds that the proposal demonstrates compliance with Detailed/Final and PUD sections of the Land Use Code. 7. The BOCC further finds that Applicant's request to comprehensively address expansion potential and the non -conforming status at the Le Chamonix Multi -Family Housing Complex is the appropriate approach, in contrast to piecemeal applications by each unit owner. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby grants approval for the Le Chamonix Multi -Family Housing Complex Detailed/Final Submission and PUD which shall run with the land and be binding on all successors in interest: UU0004 Resolution No. -2014 Page 2 of 4 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submittal of any building permit applications, the Applicant shall record a Final Plat in accordance with Section 2.6 of the Land Use Application Manual and in a form acceptable to the Community Development Director and the County Attorney which shall be reviewed and recorded at the Clerk's Office. 3. Deck enclosures and other expansions of floor area not under this approval are subject to the use of TDR's or a GMQS allotment. 4. The Le Chamonix PUD Guide can be viewed as Attachment B. 5. Prior to Detailed/Final Plat approval, a trail easement to the benefit of Pitkin County for the trail along Maroon Creek shall be recorded to the satisfaction of the Open Space and Trails Department. 6. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. LLiti 105 Resolution No. -2014 Page 3 of 4 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 12TH DAY OF FEBRUARY 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 12TH DAY OF FEBRUARY 2014. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE DAY OF 2014. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 26TH DAY OF MARCH 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2014. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE DAY OF 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones Robert A. Ittner Jr. Deputy Clerk Chair Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, County Attorney PID#'s: 273514202002 through 012 Case#: P067-13 Cindy Houben, Community Development Director Resolution No. -2014 Page 4 of 4 Attachment A 000007 LE CHAMONIX ASSOCIATION INCORPORATED PLANNED UNIT DEVELOPMENT GUIDE I. Purpose On , the Pitkin County Board of County Commissioners (hereinafter the "Board") approved the Le Chamonix Association Incorporated Planned Unit Development (hereinafter "Chamonix PUD") Detailed Submission (Site Specific Development Plan) pursuant to the Pitkin County Land Use Code (hereinafter "Code"). Section 3-70-30 of the Code establishes the Planned Unit Development (hereinafter "PUD") standards which allow variance from the strict adherence to the area and bulk requirements of underlying zone districts within a PUD. The purposes of the Chamonix Guide are to: A. Clearly identify area and bulk requirements approved pursuant to Section 3-70-30 of the Code. B. Clearly identify in one document representations and commitments made by Chamonix (hereinafter "Applicant") and the Board. C. Clearly state and iterate in one document the standards, restrictions and regulations which govern land use development within the Chamonix PUD. D. Facilitate the Pitkin County Zoning and Building Department reviews by establishing review standards. E. Identify standards enforceable by Pitkin County in one document separate from the Chamonix Condominium Declarations and Protective Covenants which are not enforceable by Pitkin County. II. Pitkin County Land Use Code Chamonix PUD has been reviewed based upon the Pitkin County Land Use Code in effect on August 2, 2013. The PUD Guide identifies variations from the Pitkin County Land Use Code approved by Pitkin County during the land use review process and restrictions which may be enforced by Pitkin County. 1 Ut10008 III. Allowed Uses Allowed uses are established by the RMF zone district regulations in Section 3-50-90 of the Code. The RMF zone is a residential zone intended for multi -family residential dwelling units. Residential uses are intended for use exclusively for dwelling purposes, but not including hotel or lodge rooms. IV. Prohibited Uses Prohibited uses are established in by the RMF zone district regulations in Section 3-50-90 of the Code. Tourist accommodation uses are prohibited in the RMF zone. Tourist Accommodation unit means any unit intended to be occupied principally by visitors to Pitkin County, located in a facility that offers customary on -site management and operation services for visitors. This use shall include units found in a lodge, hotel, motel, tourist dormitory, resort cabin, guest ranch, or similar facility, but shall exclude any high country hut, tourist camping or similar facility that does not provide on -site management and operation services or that does not meet the definition of dwelling unit in this Chapter 11 of the Code. Also excluded shall be dwelling units that are principally residences as defined in this Chapter 11 of the Code, and are subject to residential growth management quota system allotments even though they may from time to time be used by visitors. V. Dimensional Requirements This section establishes dimensional requirements for the PUD. The dimensional requirements of the Code apply to the Le Chamonix unless varied in this section. There are two dwelling units within Le Chamonix unit 1 as defined by the Pitkin County Land Use Code. Unit 1 may continue to be used as it is currently being used and is considered to be in conformance with zoning pursuant to this PUD Guide. The unit may be remodeled and in the event of the damage or destruction due to a disaster it may be reconstructed. However, if all the units in Le Chamonix are demolished and reconstructed there may be only one unit reconstructed within unit 1. A. Lots Minimum Lot Area (acres) Minimum Lot Area per Dwelling Unit 1 acre .14 acre B. Maximum Number of Dwelling Units on the Property 12 C. Maximum Dwelling Units Per Acre 10.5 D. Minimum Useable Open Space per Dwelling Unit (square feet) 500 E. Minimum Lot Width 75' 2 000OD1 F. Minimum Setbacks from Property Lines Front 5' Side 5' Rear 20' G. Maximum Height Increases in the height of the Le Chamonix Condominiums will only be considered by Pitkin County based upon a plan for the entire Condominium structure and will be subject to a major PUD amendment, Site Plan and Scenic View Protection Reviews. Height increases on a unit by unit basis are prohibited. The Height limit for the PUD is 28 feet for the primary structure and 20 feet for the accessory structure except for those units listed below. Unit 8 33' 3" Unit 9 31' 2" Unit 10 29' Unit 11 28' 11" Unit 12 28' 3" Refer to Figure 1, Existing Building Heights and Height Calculations, to view methodology for determining height. H. Existing Decks The existing decks located on the north side of the structure are permitted. The decks located on the north side of the structure may be renovated and/or reconstructed subject to obtaining required Pitkin County building permits. The sizes of the decks (square feet) located on the north side of the structure are documented in Attachment 10 and listed below. Unit 1 784 Unit 2 540 Unit 3 609 Unit 4 666 Unit 5 526 Unit 6 493 Unit 7 646 Unit 8 339 Unit 9 673 Unit 10 487 Unit 11 232 3 010 I. Existing Floor Area Table 1 documents the approved existing floor area and crawl space for each unit in Le Chamonix. The calculations for determining these floor area numbers pursuant to the Pitkin County Code are depicted in Figure 2 of this PUD Guide. Unit Existing Floor Area Table 1 Le Chamonix Existing Floor Area* Unfinished Crawl Space Over 5'6" Per Code Counted in Allowable Floor Area Unfinished Crawl Space Under 5'6" Per Code is not Counted in Allowable Floor Area 1 2 3 4 5 6 7 8 9 10 11 12 Common 3174 +379 G=3553 105 1772 0 1922 0 2836 0 2492 682 1896 138 2511 471 2345 0 2544 0 2358 0 2390 0 2264 + 461G= 2725 220 211 0 TOTAL: 28,515+ 840 Garage 1,616 W/ GARAGE: 29,355 470 657 653 367 0 538 197 0 0 0 0 995 198 4,075 • See Figure 2 for calculations of floor area. Source: Davis Horn Incorporated and Scot Broughton Architects LLC, January 2014 J. Maximum Floor Area Gross Floor Area for PUD based on Floor Area Ratio (FAR) Floor Area for all Dwelling Units except Unit 1: Floor area for Dwelling Unit 1: .5 2,855 3,174+379 Garage= 3,553 K. Setback from Maroon Creek Road a Major Road 4 uuJ011 This section establishes the major road setback from Maroon Creek Road to individual dwelling units in Chamonix. Attachment A depicts the measured shortest distance from each unit to the Maroon Creek Road right of way (major road). This shortest distance is the setback for each unit. Unit 1: Unit 2: Unit 3: Unit 4: Unit 5: Unit 6: Unit 7: Unit 8: Unit 9: Unit 10: Unit 11: Unit 12: Storage shed 9.3' 10.4' 18.2' 18.4' 55.1 67.4' 63.9' 56.1' 34.8' 13.3' 11.1' 11.3' 0.0' L. Expansion of Dwelling Units The existing crawl spaces (areas which are less than 5' 6") under the dwelling units listed in this section may be expanded provided that the new floor area does not exceed the limitations in this section and the maximum floor area permitted per unit. The expansion of all other dwelling units in the PUD is prohibited unless the PUD is amended pursuant to Section 2-40-50 of the Code. Alteration of the building footprint or height is prohibited unless the PUD is amended pursuant to Section 2-40-50 of the Code Unit 2: Unit 3: Unit 6: Unit 7: Unit 12: 657 square feet 653 square feet 538 square feet 197 square feet 591 square feet M. Enclosure of Decks The enclosures of decks located on the north side of the structure are not approved as part of this PUD approval. The portions of the decks which exceed 15 percent of the floor area of each unit are included in floor area based upon the existing Pitkin County Land Use Code floor area defmition. Refer to Attachment 10 for the calculation of deck floor area. The future enclosure of decks may be possible subject to Site Plan review approval by Pitkin County and compliance with the floor area limitations established in this PUD Guide. 5 0012 O. Increases in Floor Area Any deck enclosure requires a residential Growth Management Quota System (GMQS) allotment or a Transferable Development Right (TDR). Expansion of dwelling units other than the conversion of the unit crawl spaces identified in Section V. L. (Units 2, 3, 6, 7, and 12) require either a residential GMQS allotment or a TDR. VI. Parking Twenty (20) off-street parking spaces are required. Seven (7) of the twenty (20) parking spaces may be stacked provided that no more than one stacked space per unit is permitted. The parking spaces are not required to have 24 feet of back-up area. 6 ;.JJU3j3 1 roc g• A 1 1 ! re • ram• 1 ////J/rirr///// J/// J✓J/!/JFxs!////I/J/I'/11//If .ice_/IIN%rrrrri/I/4 ,i� • , r/l/JAI /rrlii�i��.. .441yrr/ii/ # //rrrrrlr. •rr� . I!//'�ri/,Jrrrr kI! i//.7rirdiri�� 0111111' r/ 61111 101,1111 ■■ lli[111L>1� !!1 11■1y �11 Irrrl //. r / ///I!y :/I,, /// /, { r rr r 1 f `•=4tiI 1 r r t • , Y 1 1 1 11 a L 'T1^ V, LE CHAMONIX CONDOMINIUMS re > Ez Nt Q—cL SCOT BROUGHTON Architects, LLC FIGURE 2 cc Lll cc Q U Q cc O U 000 i L E r ?0oz z° < u: O U TOTAL = 29.355.35 s 888 F!l i 6868 lilt 688 Fill 1 68 oa 888 E >i 88 iR 666 !:i 888 `I! ZONE:AR- I0 to LE CHAMONIX CONDOMINIUMS SCOT BROUGHTON Architects. LLC 0 LE CHAMONIX CONDOMINIUMS SCOT BROUGHTON Architects, LLC 8 22 ATTACHMENT 2 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Michael Kraemer DATE: 5/29/2013 PHONE: (970) 920-5482 E-MAIL: michaelk(�co.pitkin.co.us LOCATION: Le Chamonix Condominiums Units 1-12, 1501 Maroon Creek Road PARCEL ID #: 273514202001 thru 012 ZONE: AR-10 ACRES: approx. 1.3 acre APPLICANT: Le Chamonix HOA REPRESENTATIVE : Glenn Horn EMAIL and PHONE: shorn aarof.net; 925-6587 Type of Application: Subdivision Detailed Submission and Final Plat Description of Project/Development: The Applicant is requesting Detailed Submission and Final Plat approval to create a Planned Unit Development approval for the Le Chamonix multi -family housing complex. No subdivision of land is proposed with the request. The BOCC granted Subdivision/PUD Conceptual Submission, Activity Envelope approval, pursuant to Resolution No. 95-2012. With this approval, the BOCC amended the Land Use Code to create the Residential Multi -Family (RMF) Zone District pursuant to 029-2013, and at the same time, rezoned the subject property to RMF pursuant to BOCC Resolution No. 030-2012. Both the Code amendment and the rezoning are effective upon detailed/final plat approval. Pursuant to BOCC Resolution No. 095-2012, the Applicant shall submit a refined PUD Guide for the subject property that outlines, parking, basement/deck expansion potential, and setbacks. Land Use Code Sections to be addressed in letter of request (application): For PUD Detailed Submission/Final Plat: ➢ 2-20-130: Improvements Agreements ➢ 2-40-50: PUD Review Procedures • 7-70: Subdivisions Review by: P&Z and BOCC (2 readings) Public Hearing: Yes, at BOCC. The Applicant shall post a public notice sign on the property at least 15 days prior to the dates specified for the Public Hearing pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior to the Public Hearing (by first class mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the Public Hearing. Staff Will Refer Application To: Planning/Zoning, Basalt Fire Department, Town of Basalt Planning, Pitkin County Open Space & Trails FEES: ! r':< (make check payable to "Pitkin County Treasurer") OOOOnl Of5(o /14 • $ Planning Office flat fee (non-refundable; based on 16 hours of staff time; if staff review time exceeds 19.2JDours, a Applicant will be charged for additional time above hours at a rate of • $725 Cler • $54 Publication Fee To apply, submit 15 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, explaining existing conditions, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Detailed Subdivision and Final Plat requirements as specified in Section 2.6.2 and 2.6.3 of the Pitkin County Land Use Application Manual; 3. One copy at 24" by 36" and 15 copies at 11" by 17" Site Plan outlining basement buildout potential. 4. PUD Guide for Lots 1-12. 5. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 6. Parcel description, including legal description and vicinity map; 7. Total fee for review of the application; 8. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy); 9. Consent from owner(s) to process application and authorizing the representative (1 copy); 10. List of all property owners and mineral estate owners within 300' of the subject property (1 copy); 11. Copy of this preapp form (1 copy) NOTES: ➢ PLEASE SUBMIT TWO UNBOUND AND ONE-SIDED COPIES OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. > ALL MAPS SHALL BE FOLDED. ➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000002 Le Chamonix Association Inc. Planned Unit Development Detailed Subdivision Final Plat Land Use Application Prepared by: Davis Horn Incorporated 215 South Monarch Street Aspen, CO. 81611 August, 2013 000003 Table of Contents Section Page Introduction 1 I. Background 2 II. Existing Conditions 2 III. Land Use Review 3 000004 List of Attachments 1. Site Vicinity Map 2. Pitkin County Pre -Application Conference Summary Sheet 3. Board of County Commissioner's Ordinance 029-2012 Amending Title 8 of the Pitkin County Code, Specifically the 2006 Land Use Code for Land Use Code Text Amendments 4. Board of County Commissioner's Ordinance 030-2012 Rezoning the Le Chamonix Multi -family Housing Complex Units 1 through 12 from AR-10 to RMF 5. Board of County Commissioner's Resolution 095-2012 Granting Conceptual Subdivision and Planned Unit Development Approval for Le Chamonix Association Incorporated, at the Le Chamonix Multi Family Housing Complex, Units 1 Through 12 6. Floor Area Calculations for Le Chamonix Units by Scott Broughton Architects 7. Le Chamonix Planned Unit Development Guide 8. Chamonix Condominiums: Site and Existing Heights 9. Draft Easement for Maroon Creek Trail 10. Total Existing Floor Area Pursuant to Pitco Code Definition for Floor Area Calculations 11. Authorization to Submit Land Use Application 12. Proof of Ownership 13. Fee Agreement 14. Property Owners within 300 Feet 15. Le Chamonix Condominiums Planned Unit Development Plat 000005 INTRODUCTION Le Chamonix Association Incorporated ("Applicant") is represented by Davis Horn Incorporated in this land use request. The Applicant is seeking combined Detailed Submission and Final Plat Planned Unit Development for Le Chamonix Condominiums, a 12 unit condominium complex located at 1501 Maroon Creek Road, across from the Aspen Highlands Ski Area. Refer to Attachment 1, Site Vicinity Map, which depicts the location of the Le Chamonix Condominiums. This land use application briefly reviews the Conceptual Submission land use approvals approved by the Board of County Commissioners, addresses topics identified in the Pitkin County Pre -Application Conference Summary Sheet. 1 0OUOO6 I. BACKGROUND On October 24, 2012 the Board of County Commissioners ("Board or "the Board") approved Ordinance 029-2012 (see Attachment 3) which amended the Land Use Code to create the RMF zone district and the residential Growth Management Quota System Exemptions for minor expansion of multi -family dwelling units for sub -grade floor area. The Board approved the rezoning of Le Chamonix Condominiums at the same meeting pursuant to Ordinance 030-2012 (see Attachment 4). Finally, the Board approved Resolution 090-2012 Granting Conceptual Subdivision and Planned Unit Development Approval for Le Chamonix Association Incorporated, at the Le Chamonix Multi Family Housing Complex, Units 1 through 12 (see Attachment 5). II. EXISTING CONDITIONS The 12 unit Le Chamonix Condominiums are located on 1.953 acres, or 85,073 square feet of land area. The land slopes down steeply to Maroon Creek behind the structure. The front of the building is mostly paved with parking in front of each unit. Many of the parking spaces do not meet the specifications for parking spaces (8.5 feet by 18 feet with 24 feet of unobstructed back up area), especially the units on the end where the structure is much closer to the Maroon Creek Road right-of-way. The Le Chamonix parcel contains 11,726 +1- square feet of land area under water and 39,352+/- square feet of land with slopes over 45% in grade. Pursuant to the Pitkin County Land Use Code, lot area by definition does not include land under water. Therefore, the total lot area of the site is 73,347 +1- square feet (85,073 total square feet of land less 11,726 square feet of land under water). Section 5-10-20 of the Code requires slope density reduction when more than 30 percent of land area is encumbered by slope of 45 percent and greater. The applicant has applied the slope density reduction formula in the Code to the 73,347 square foot lot area instead of the total 85,073 square feet of land area in order to be as conservative as possible. Approximately 54 percent of the site is encumbered by slopes of 45 percent and greater (39,352 square feet divided by 73,347 square feet = 54 percent). According to the formula, this means that the permitted density of development on the site is required to be reduced by 24 percent (54% - 30%=24%). The existing floor area of each of the 12 condominium units has been calculated by Scot Broughton of Scot Broughton Architects LLC. These actual floor area calculations pursuant to the current definitions in the Code are given in Attachment 6. 2 000007 The sizes of existing decks are documented Attachment 10, "Total Existing Floor Area Pursuant to Pitco Code Definition For Floor Area Calculations" prepare by Scot Broughton Architects LLC. The decks on the north side of the Structure are legally created by Pitkin County. LAND USE REVIEW This section of the land use application demonstrates compliance with the Land Use Code standards identified in the Pre -Application Conference Summary Sheet (see Attachment 2) and the approval conditions in Board Resolution 095-2012 which granted Conceptual PUD approval to Le Chamonix (see Attachment 5). III.A Planned Unit Development Review Procedures Section 2-40-50 Conceptual approval of the Planned Unit Development was granted in October of 2012. The Board indicated as part of the Conceptual approval that the Detailed and Final Plat reviews could be combined. This section demonstrates compliance with the Criteria for Approval in Section 2- 40-50 (i). Standards appear in bold followed by the Applicant's responses. A conceptual or detailed subdivision or PUD application may be recommended for approval and may be approved only if the Board finds that all of the following criteria have been met: (1) The application complies with all applicable provisions of this Land Use Code; The Applicant demonstrated compliance with the following sections as part of the Conceptual PUD review. Section 1-60: Land Use Policies Section 2-40-10: Land Use Code Text Amendments Section 2-40-10(c)(2) & (3): Criteria for Approval and Rezoning to PUD Section 2-40-50: Subdivision and PUD Review Procedures Section 3-70-30: Planned Unit Development (2) The application complies with all applicable Land Use Policies listed in Sec. 1-60; As noted above, the Applicant demonstrates consistency of the application with the Land Use Policies in the Conceptual PUD review. (3) The application complies with all prior development approvals applicable to the subject property; 3 UOU0 3 The property is in compliance with past land use approvals. (4) The proposed subdivision is consistent with and implements the intent of the zone district(s) in which it is located; As noted in the background section the Applicant proposed an amendment to the Land Use Code in 2012 to create the RMF zone. The Board approved the Code amendment pursuant to Ordinance 029-2012 (see Attachment 3) and rezoned the property to RMF pursuant to Ordinance 030-2012 (see Attachment 4). The Board found the use of the property to be consistent with the intent of the RMF zone as part of the rezoning to RMF. (5) The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision or PUD is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Land Use Code; The Applicant is not proposing any changes to the footprint of the structure in association with the PUD. Therefore, there are no impacts on the public facilities listed above, nor are there any land use environmental impacts. (6) The proposed subdivision or PUD will not result in significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; There are no adverse impacts on the natural environment resulting from the proposed land use approval. (7) The proposed subdivision or PUD will not result in significant adverse impacts on adjacent properties, or such impacts will be substantially mitigated; There are no impacts on adjacent properties. (8) Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the property, while maintaining sufficient levels of service to existing development; There will be no adverse impacts on public facilities. In fact, the Applicant is proposing to dedicate a trail easement contiguous with Maroon Creek which will enhance public recreational facilities. (9) In addition, a rezoning to a PUD designation shall only be recommended or approved if the Planning and Zoning Commission or the Board of County Commissioners, as applicable, determines that the standard criteria for a rezoning set forth in 2-40-10(c) have been met. 4 Recital # 5 of Board Resolution 90-2012 reads as follows (see Attachment 5): "The BOCC finds that the proposal demonstrates compliance with Conceptual Subdivision and PUD sections of the Land Use Code." III.B. Improvements Agreements Section 2-20-130 Section 2-20-130 includes the following standard regarding Improvements Agreements. The Pre -Application Conference Summary sheet indicated that the Applicant should address this Code section. In the case of proposed subdivisions of land, PUD rezonings, or other instances where an application proposes the performance of duties after the date of approval, or where the County imposes conditions requiring the performance of duties after the date of approval, or where the Community Development Director or the County Attorney determine that assurances for the performance of those conditions is required, the following types of agreements, covenants, or guarantees may be required of the applicant. Where the application is for approval of a subdivision, requirements for guarantees of public improvements shall comply with the provisions of C.R.S. 30-28-137. The Le Chamonix PUD is atypical of PUDs in Pitkin County because the PUD designation is being applied to an existing multi -family development. No development is being proposed which will impact public facilities. Consequently, it is not necessary to prepare an improvement agreement which insures "performance of duties" by the Applicant. The Applicant has agreed to dedicate a trail easement along the Maroon Creek bank to the County. This parcel will be conveyed prior to recordation of the PUD plat. There is no need for a Improvements Agreement. IILC. Subdivisions Section 7-70 The Pre -Application Conference Summary sheet indicated that the Applicant should address this Code section. The section has only limited applicability to the land use request. Le Chamonix is a condominium and condominiums are exempt from Pitkin County subdivision review. Additionally, no development of any significance is proposed in association with this land use application. Nevertheless, this section of the land use application demonstrates compliance with section 7-70 of the Code. Standards appear in bold followed by the Applicant's responses. 7-70-10: Requirement All divisions of a parcel of land into two (2) or more parcels of land within Pitkin County that meets the definition of a subdivision in Chapter 11 of this Land Use Code shall require the approval of a subdivision of land pursuant to (a) C.R.S. 30-28-101 et. seq. and (b) Sec. 5 000010 2-40-50, 2-40-60, or 2-40-70 of this Land Use Code, as applicable, unless the division qualifies for an exemption under C.R.S.30-28-101 et. seq. or Sec. 2-40-50(b). A parcel of land improved with multi family dwelling units meets the County subdivision definition. Therefore, this Code section is applicable to the application. 7-70-20: Compliance with Comprehensive Plan and Zone District Each subdivision of land that does not qualify for a Subdivision Exemption (a) shall be generally consistent with all applicable provisions of the Comprehensive Plan for the area in which the land is located, and (b) shall comply with all requirements for the zone district in which the land is located, including without limitation the description of the zone district and related standards contained in Chapter 3; any requirements related to the proposed use of the land contained in Chapter 4; dimensional requirements related to the proposed use of the land contained in Chapter 5; all applicable requirements of and all applicable development standards contained in this Chapter 7. As noted in Section IV. A. of this land use application, the Board found the land use application to be consistent with the Comprehensive Plan and in compliance with the Zone District at the Conceptual Submission. 7-70-30: Development Phasing No subdivision of land shall be approved if the indicated staging of development will generate service or facility demands in advance of the fiscal and physical ability of the County or districts to provide within their budgets. Phasing is not a concern because no significant development will result from the land use approval. 7-70-40: Road Construction, Improvement or Maintenance Costs A proposed subdivision of land shall only be approved if any special road construction, improvement or maintenance cost assignable to the proposal and to be borne by the County at large can be met within both short-term and long-term County budgets without tax increases that might otherwise be unnecessary. The proposed land uses will not place any demands on the County for additional services. 7-70-50: County Acceptance of Utilities or Facilities A proposed subdivision of land shall only be approved if any utility or facility to be provided by the developer for acceptance and future operation and/or maintenance by the County, or any district within the County is planned, designed and constructed and prior 6 to its acceptance by the County or district, operated and maintained in a manner that protects the public from any expenses to correct deficiencies in the utility or facility. The proposed land uses will not place any demands on the County for additional services. 7-70-60: Accessibility of Public Facilities A proposed subdivision of land shall only be approved if the location and layout of the proposal are such that necessary public facilities can be provided to the area without the need for additional public expenditures for service expansions. The Applicant will be dedicating a trail easement contiguous with Maroon Creek. The trail easement will link Le Chamonix to an open space parcel on the Creek bottom land which was dedicated to Pitkin County when Aspen Highlands Village was approved. 7-70-70: Management of Construction Impacts A proposed subdivision of land shall only be approved if the short-term construction impacts on roads, fire and police substations, schools, public services such as solid waste collection, snow removal and public transportation have been or will be mitigated by the developer. The Applicant will comply with the standard. No significant development is proposed. 7-70-80: Improvement agreements In order to confirm compliance with the provisions of this Sec. 7-70, a signed Improvement Agreement between the applicant ant the County will generally be required in connection with any subdivision of land. Provisions on Improvement Agreements are found in Sec. 2- 20-130(a). This standard was addressed above in Section N.B. III.D. Compliance with Land Use Conditions of Conceptual Subdivision and Planned Unit Development Approval Board Resolution 095-2012 Board Resolution 095-2012 granted Conceptual approval of the Le Chamonix Conceptual Subdivision and PUD. This section of the land use application demonstrates compliance with the approval conditions in the Resolution. The conditions appear in bold followed by the Applicant's responses. 7 1. The Applicant shall adhere to all material representations made in the current or prior applications or hearings and shall consider those representations to be conditions of approval unless amended by other conditions. The Applicant will comply with this approval condition. 2. Le Chamonix is limited to 12 units of density. Additional dwelling are not proposed and will not be proposed in the future. 3. Basement buildout space is exempt from Growth Management Competition or use of TDR's. Deck enclosure and any other expansion potential is subject to Growth Management Competition or use of TDR's. The Applicant will comply with this approval condition. 4. At Detailed Subdivision/Final Plat submission, the Applicant shall submit a refined PUD guide for the Le Chamonix property that outlines parking, basement expansion and deck enclosure potential for each unit and varied setbacks. Refer to Attachment 7, the Le Chamonix Planned Unit Development Guide. The PUD Guide submitted as part of the Conceptual land use review proposed parking and setbacks. The "refined PUD Guide" will include additional standards for height, basement expansion and deck enclosures. The height standards in the PUD Guide are largely based upon Chamonix Condominiums: Site and Existing Heights, prepared by Scott Broughton Architects (see Attachment 5. At Detailed Subdivision/Final Plat submission, the Applicant shall provide a draft easement or ownership title to the Pitkin County Open Space and Trails Department for the trail along Maroon Creek. The easement will be forwarded to the OST for review. Prior to Detailed and Final Plat approval the easement shall be formally conveyed to the County. Refer to Attachment 10, the draft Maroon Creek Trail easement. 6. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. The Applicant will abide by this condition. 8 UUu013 •' • ) ) to to • co e U5 /f * ) /� /E co08 /\kD ELis° I �S 8 7 -v. '—to e [®2% \ / 00014 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Print Name Community Development Director Effective 1/26/2010 G:countyladminlformslagreement to pay Signature Date: Mailing Address: Ouiitl-5 ATTACHMENT 3 ORDINANCE OF THE BOARD OF COUNTY COMNIISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY THE 2006 LAND USE CODE FOR LAND USE CODE TEXT AMENDMENTS Ordinance No. MT - 2012 RECITALS I. Land Use Code amendments have been proposed to create a new zone district for multi -family housing called the Residential Multi Family (RMF) Zone District. Amendments will be made to the following Chapters and Sections: EXHIBIT A — Chapter 3, Section 3-50: Urban/Suburban Zone Districts EXHIBIT B — Chapter 4, Section 4-1: Table 4-20 EXHIBIT C — Chapter 5, Table 5-1(B) Dimensional Requirements EXHIBIT D — Chapter 6, Section 6-30: Table 6-1 EXHIBIT E — Chapter 6, Section 6-30: Exemptions 2. The Le Chamonix Multi -Family Housing Complex is located at 1501 Maroon Creek Road and is legally described as the Le Chamonix Subdivision Units 1 through 12. Attachment A depicts the units as they exist today. 3. The Planning and Zoning Commission reviewed the proposed code amendments at a regularly scheduled meeting on May 14, 2012. The Commission voted 4-0 to recommend approval to the BOCC. 4. The BOCC reviewed the proposed code amendments at 1'` Reading, Conceptual Submission and a duly noticed continued public hearing and regularly scheduled public meeting, on September 12th, 2012. 2nd Reading was heard at a regularly scheduled public meeting on October 24 , 2012. Evidence and testimony were presented with respect to code amendments request. 5. The BOCC fords that these code amendments are consistent with Pitkin County's goals and policies and are necessary to promote public health, safety, and welfare. 6. The BOCC further finds that the amendments to the Land Use Code are consistent with County Comprehensive Plans and in compliance with Section 2-40-10. NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends the above -referenced Sections of the 2006 Pitkin County Land Use Code, as set forth in Exhibits A-D as underlined. OOUO1B NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 211 day of June, 2012. INTRODUCED ON FIRST READING AT A CONTINUED PUBLIC HEARING on the 12n1 day of September, 2012. APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING on the 2441 day of October, 2012. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the day of iii(Lecultir 2012. THIS ORDINANCE SHALL NOT BECOME EFFECTIVE UNLESS AND UNTIL THE LE CHAMONIX DETAILED SUBDIVISION SUBMISSION/FINAL PLAT AND PUD IS APPROVED BY THE BOCC ST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ette Jones uty Clerk APPROVED AS TO FORM: _j9 ly, Date: / "L/— c / 2' APPROVED AS TO CONTENT: r C� indy TIauben, ttorney Community Development Director Ordinance No. - 2012 Page 2 of 11 Ud 11 EXHIBIT A The underlined section shall be added. SECTION 3-50-90: RMF — RESIDENTIAL MtJLTI-FAMILY (a) Intent The RMF zone district may only be applied to existing multi -family dwelling units. This zone district may not be applied to lands that do not contain legal multi family dwelling units. (b) Location The RMF zone district is only intended to be located within the Aspen Urban Growth Boundary. adjacent to established ski areas, and may only be located contiguous to major roads. (c) Transferable Development Rights TDR's may not be severed and sold from lands located in the RMF zone district, unless the lot or parcel is determined to be constrained or visually constrained pursuant to Sec. 6-70-40 or if the property is designated on the Pitkin County Historic Register. TDR's may be purchased and used in the RMF Zone District for the purposes of (a) increasing the floor area as established in Table 5-1 or (b) creating a new development right on a legal parcel located within the Aspen UGB pursuant to Secs. 6-70 and 2-40-30, and as set forth in Table 2-1. (d) Lands in the RMF Zone District are subject to the GMOS (see chapter 6). Ordinance No. Page 3 of 11 - 2012 3 EXHIBIT B The underlined shall be added to Section 4-20: Permitted Use Table: TABLE 4-1: Permitted Uses Intended for Rural Areas Flinn) Districts RS `RR Use Category/ Use Type Household Living Duplex Dwelling Unit Mobile Home Mobile Home Park Multi -family Dwelling Unit Single Family Dwelling Unit Group Living Dormitory Housing Group Home Nursing, Convalescent, Rest, or Retirement Home Unlisted Agricultural Use r Blacksmithing Agricultural Building Farming Firewood Splitting, Commercial Horse Boarding, Primary Kennel or Veterinary Clinic Logging Mineral and Gravel Extraction (formerly Mineral & Gravel Exploration / Mining, Concrete, Batch Plants) Oil and Gas Extraction Ranching (formerly Animal Production & Husbandry Services, Other Farm and Agricultural uses (not including Commercial Feed lots)) Silviculture Airport Cemetery Day Care Center Educational Class Hospital Institute S S A S S Park, Playground or Playfield Public Facilities, Major S A A A Ordinance No. Page 4 of 11 S A RS TRS - 6 A A S A A S A S S S A A S 35 A A S A A S A S S S A A S LI R - 35 A S A A TR- I A - 2012 S TR- 2 A S S RS 30 & 20 A A S A A S A S S S A A S S S S A R 10 A A S A A S S S S S A A S S S A R A S A A S S S A -S S S M M M M M M M ,M Agricultural & Resource A S S . Civic & Institutional S S S S S A S S A S S A S A S A S A Use -Specific Regulations § M A §4-30-010(a) §4-30-010(c) AS S S M A §4-30-010(d) A A M A §4-30-o10(f) A S A A S S S A S S A M S §4-30-010(b) M - §4-30-010(e) M M M M M M M M M M A M S A S S §4-30-020(a) §4-30-020(b) §4-30-020(c) §4-30-020(d) §4-30-020(e) §4.30-020(f) §4-30-020(g) §4-30-020(h) §4-30-020(i), §4-30-030(a) §4-30-030(b) §4-30-030(c) §4-30-030(d) §4-30-030(e) 0OU0ri TABLE 4-I: Permitted Uses Intended for Rural Areas Iq, d uAilr6 7 rs ,;a' nr.O.ti Y Rural Districts - 7 ,', r. • r FRS.. Use Category/ Use Type G RR RS 1— 6 0 RS 35 LI R -. 35 TR- 12 TR- RS 30- & 20 A R 10 A R - 2 S K° I - R B I .r. yr l�A R41.2k L ` "? a '{ ' , 41-_#. p�• X I ' I t +-",. ' , Use -Specific Regulations § (Formerly Essential Government and Public Utility Uses, Facilities and Services1 Public Utilities, Major S S S SSSSSS SSSSS S S S M S Public Utilities, Minor A A A AA A A AS AA A A A A A A A A M A 4-30-030(0 Religious Institution (formerly Church) S S SS S M S S S S S M S §4-30-030(g) School or University S S M S S S M §4-30-030(h) Sewage Disposal Area or Water Plant 5 S S S S S M S S S S S S S S M S Transit Facility M S _ S M Commercial & Industrial Entertainment & Recreation Adult Entertainment Establishment S S S §4-30-040(a) Alpine Ski Area & Support M Amusement or Entertainment Establishment M S S S §4-30-040(b) Campground (formerly Commercial Camping Areas) S S S S M S §4 30 440(() Golf Course M M Nordic Ski Area and Support Facilities S S S S M M S Outdoor Recreational, Other S S S S SSSM M S §4-30-040(q) Riding Stable or Academy (formerly Commercial Riding Stables) S SSSM - S §4-30-040(w) Eating. Meeting & Lodgiu Bed and Breakfast A A ASS M S S S S §4-30-040(d) §4-30-040(i) Country Inn, Guest Ranch and Resort Cabins S S S S M S S Hotels, Motel or Lodge S S §4-30-040(I) §4-30-040(o) Meeting Hall or Conference Center (formerly Reception Halls and Meeting Facilities S S S M S S Restaurant and/or Bar M A 1 A A S §4-30-040(u) §4-30-040(x) Timesharing or Fractional Ownership M S rOffice and Clinic Uses Financial Institution M S S §4-30-040(j) §4-30-040(n) Medical or Dental Clinic M A Office M A A A M §4-30-040(p) Research Facility S M _ §4-30-040(t) Sales and Service Uses Arts and Craft Studio, Primary A A A A §4-30-040(h) Building Materials and Landscaping (formerly Equipment Supplies and _ S S - S - A §4-30-040(e) Ordinance No. Page 5 of ll - 2012 UJt,J20 Intended TABLE 4-1: Permitted Uses for Rural Areas ' F R' w n • ;(1 6 r ^ ti s.7 ^ s r ,., 4 s"FreF '� ...OVA 4 t,•• . Rural Districts FRS Use Category/ Use Type G RRRS 1 6 0 RS. 35 , LI R- 35 TR.- 1' TR- 2 RS - 30 & 20 A R - 10 A: R, - 2 S K 1 R E B 1 Use -Specific Regulations § Contracting or Subcontracting) General Services S A §4-30-040(k) Personal Service Outlet M A A A §4-30-040(r) Retail Salt of Goods (formerly Places for Retailing of Goods) M A A A §4-30-040(v) Vehicle and Equipment Uses 7 Automobile Parking Lot, Commercial M S S M S Automobile Service Station S A S §4-30-040(c) Vehicle and Aircraft Sales and Service (formerly Vehicle and Aircraft Related Business) S M Other Principal Uses Cellular Telephone Facility S S S S S S S S M S S M S §4-30-040(g) §4-30-040(m) §4-30-040(r) Junk Yard S S S Radio or TV Transmitting Station S S S S SSSMSS S S S SS SSSM Solar Farms S SSSSSSSSMSS SSSSS SSSSS §4-30-50(m) &§ 4-30-050(h)(5) Use by Federal Permit (formerly Uses, Activities & Facilities Permitted by Special Use Permit Issued by Federal A;en Accessory Structures With Bathing Facility S S S A S A S A SS A A SMSS ACcc stir} S t le SS nporar I i.,c1 SS SSSMS §4-30-050(a) Agricultural Stand A A A A A A MAA A A A A A M A §4-30-050(b) Arts and Crafts Studio, Accessory A A A A A A A A A AA A A A A A AA A MA Building -Mounted Cellular Telephone Antennae S S S SS S S S §4-30-050(c) Bus Stop A A A A A A A SA A A A AA AAA A AA Camping Area A A A M §4-30-050(d) Caretaker Dwellin • Unit S S S S S S S S S S S S M S §4-30-050(e4 Club I louse or Recreational Building S S SSSM 5 S S S S S M Day Care Home A A A A AM A A A A A A A A A A Employee Dwelling Unit S S S S S S S S S S _ M S Home Occupation A A A A A A A AA _ AA A AA A A AA A A M A r§4-30-050(f) Horse Boarding, Accessory A A A A S Satellite Reception Device S A A A S S A A A M A A A A A A A A A A IA A §4-30-050(g) §4-30-050(h) Solar Energy Collector A A A A A A A A A A M A A A A A A A A A A A M A Ground Mounted Solar Energy Collector Greater than 12' in Height S S S S S S S S S S M S S S S S S S S S S S M S §4-30- 050(hy)(5) Temporary Commercial Use A A A A A A A A A A M A A A A A A A A A A A M A §4-30-050(i) Trail AA A A A A A A A AMAA A_ A A A A AA A A MA_ Ordinance No. Page 6 of I - 2012 0UuJ21 TABLE 4.1: Permitted Uses Intended for Rural Areas 9 37'tMiTTE 7iL fit'., } Rural. Districts S K 1 ' R $ . ©©m©©©©5 ill V,,#' ^ _ use Category/ Use Type RS .IRsi b D ii R- 35 TR- 2 RS 30 & 20 A R - 10 :� Use -Specific Regulations § ©M S M M - ill Ell ©. 0-30-0500) Water Crossin: or Diversion S © S ©©©©© S E. M Wtnd Powered Electric Generator . S S S ©©S S .. M Micro Hydro Electric Energy S stem S S S S S S S S S S ©©S S S ©S ©S S © S ©© §4-30-050(k) Snow Storage/Dumping Truckin: ©■ S S S S S S S S S S S ©S ©S ©y S S S S S §4-30-050(1) Ordinance No. - 2012 Page 7 of 11 EXHIBIT C Table 5-1(B) as it exists shall be deleted and replaced with the following: R - 30 R -I S I2-15A R-I513 R-6* I2\11: VR MIIP 1 Alil.l. -l.li: 1)imcn,iou.il Requirements I Than tiuhurhan Re,ideiNtill tone 1)f,tr ids t )ilicr 1 bin :11I+rll,rhle l lotisiiig Districts Minimum Lot Area (sq. ft,) 30,000 15,000 15,000 15,000 NOTE 11 6,000 1 acre 5,000 NOTE NOTE 2 1 Minimum Lot Area Per Principal Use or Dwelling Unit (sq. ft) 30,000 15,000 15,000 15,000 NOTE 11 6,000 .14 5,000 NOTE 2 Minimum Usable Open Space per Dwelling Unit (sq. ft.) 6,600 3,000 3,000 3,000 1,500 500 1,500 NOTE 2 Minimum Lot Width (sq: ft.) 100 75 75 75 60 75 50 } Maximum Dwelling Units Per Acre 10.5 MilTiMUM.,SETBACKS F:: a; { From Arterial Highways - Structures / Outside Uses (ft.) 100 ft setback for buildings / 100 ft. setback for outside uses NOTE 3 N/A N/A From Major Roads Structures / Outside Uses (ft.) 100 ft. setback for buildings / 50 ft. setback for outside uses NOTE 3 N/A N/A From Collector Streets Structures / Outside Uses (ft.) 50 ft. setback for buildings / 25 ft. setback for outside uses NOTE 3 N/A N/A From Property Lines Front Setback (ft.) (1) Lot Size < 3 ac = 30 ft.; (2) Lot > 3 ac. and < 10 acres — 50 ft.; 5 feet 30 NOTE 2 Side Setback (ft.) (1) Lot < 7,500 sq. ft. = 5 ft.; (2) Lot 7,500 & < 30,000 sq. ft. = IO ft.; 3) Lot Size >_ 30,000 & < 43,560 sq. ft. = 15 ft; (4) Lot > 43,560 & < 3 ac. = 20 ft.; 5 feet NOTE 2 Rear Setback (ft.) (1) Lot Size < 30,000 sq. ft. = 10 ft.; (2) Lot 30,000 sq. ft. & < 10 ac. = 30 ft; 20 feet NOTE 2 10 From Streams (ft.) 100 I00 20 NOTE 2 NOTE 4 rl+� � ����,������■■TTI}�M�E� [dull l.,, f 'i lYl['Ll111Y1 U1Y1�ti� ,, r .,_ i �' , 1; „ iC t k: ,iy•i-.e,, t ,� i.:}3 1, . _ q F ... Maximum Height of Principal Structure (ft.) 8 28 28 — 28 28 28 NOTE 5 NOTE 2 Maximum Height of Accessory Structure (ft.) 20 20 20 20 20 20 NOTE 6 NOTE 2 Maximum Height of Exempt Agricultural Buildings Refer to Sec. 5-20-70(i) N/A N/A N/A N/A N/A N/A N/A _ Ordinance No. Page 8 of I I uUuU23 - 2012 R - :1) R -15 It-15,1 R-I513 R-fi RANI' fABL.E 5-I.1i. !)isncmi,rrsul Requircmcnl, Urban Suburban Re,,iderftt,tl /one l)ititrici , ( niter I h,r ,1 flnrilable I Iuu'iu'' 1)islricl� Allowable floor area based on Floor Area Ratio (FAR) Gross Floor Area Exempt from Growth Management (without GMQS Allocation or TDR) Base Maximum si ft Gross Floor Area After GMQS Allocation and/or TDR Purchase (Final Max. Floor Area .13 5,750 NOTE 9 15,000 .16 5,750 15,000 NOTE 7 5,750 10,250 NOTE 10 5,750 5,750 .30 .50 Note 14 5,750 15,000 Note 15 VR NOTE 8 NOTE 8 Note NOTE 8 15 NOTE 2 N/A NOTE 1: 5,000 square feet, which shall include any land areas within the Redstone A Lots (as defined in this Land Use Code) NOTE 2: Dimensional requirements for the MHP zone district are found in Table 7-4. The dimensional requirements for the Aspen Village Subdivision, Lazy Glen Subdivision, and Woody Creek Subdivision, are described in the PUD Development guide approved by Pitkin County for each development. NOTE 3: Off-street parking, signs, and lights shall meet the setback requirements for outside uses. Access roads, highway regulatory and directional signs, safety lighting, and safety features shall be allowed between the right-of- way and the setbacks listed. Off street parking and lights don't need to meet the setback required on collector streets. NOTE 4: An additional setback may be required or a lesser setback maybe allowed pursuant to Sec. 7-20-80. NOTE 5: Maximum height principal structures: twenty-four (24) feet to the top of ridge; fourteen (14) feet to the top of eave (dormers excluded). See also Sec. 5-20-60(i) for Building Height calculation methodology. NOTE 6: Maximum height accessory structures: twenty-one (21) feet to the top ofridge; twelve (12) feet to the top of eave (dormers excluded). See also Sec. 5-20-60(i) for Building Height calculation methodology. NOTE 7: The allowable floor area shall be based on the least restrictive of the following formulas: (a) 3,500 square feet (plus 30% for pre-existing duplexes); or (b) floor area ratio (FAR) = .20 (plus 30% of allowed floor area for pre-existing duplexes). Only duplex units that existed prior to 1974 are permitted in the R-15A zone district, and no dwelling unit in the R-15A zone district shall exceed 5,500 square feet of floor area. NOTE 8: (1) Lot with 50-74 ft. frontage = 2,000 square feet; (2) Lot with 75-99 ft. frontage = 2,300 square feet; (3) Lot with 100 ft or larger frontage = 2,500 square feet. See also Sec. 5-20-70 for Floor Area calculation methodology. NOTE 9: Lots in the Meadowood Subdivision are exempt from Growth Management up to the total of their allowable floor area based on Floor Area Ratio PLUS the additional floor area allocated to each lot pursuant to BOCC Resolution No. 99-124 (which total may exceed 5,750 square feet). NOTE 10: The allowable floor area shall be based on the least restrictive of the following formulas: (a) 3,500 square feet; or (b) floor area ratio (FAR) = .20. Duplexes are prohibited in the R-15B zone district and no dwelling shall exceed 3,500 square feet in floor area, and 5,750 in gross floor area (max sq. ft.). NOTE 11: For the R-15B zone district, the 15,000 square foot minimum relates to Lot Size, and not Lot Area as defined in Section 11, Definitions. NOTE 12: Development of a micro hydroelectric energy system may be allowed in a setback pursuant to Section 7- 20-80(c) and 4-30-50(k). NOTE 13: Stream restoration projects may encroach into this setback pursuant to Sections 7-20-40 and 7-20-80 NOTE 14: The individual floor area cap per unit in the RMF Zone District is 2,855 square feet. ,_NOTE 15: See Le Chamonix PUD guide for Growth Management Exemption and Maximum Floor Area Ordinance No. Page 9 of 11 - 2012 u�U024 EXHIBIT D The underlined subsections shall be added to Section 6-30-30, Table 6-1: Summary of Exemptions: , TABLE'ft: t &luminary of Exemptions` Exemption Specific Categories, If Applicable Section Reference Deed Restricted Dwelling Units Deed Restricted Category Affordable Housing Sale Units Sec. 6-30-40(a) , Deed Restricted Resident Occupied Housing Units Sec. 6-30-40(b) Caretaker Dwelling Units Sec. 6-30- 40(c) Development Utilizing TDR's New Dwelling Units Sec. 6-30-50(a) Additional Floor Area Sec. 6-30-50,b) Preservation of Historic Structures Sec. 6-30-60 Large Lots 500+ Acre Parcels Sec. 6-30-70(a) Parcels Created in the LIR Zone Pursuant to the Cluster Option Sec. 6-30-80 Conservation Development PUD (CD-PUD) Sec. 6-30-90 Development of Up to 5,750 sq. ft. of Residential Floor Area on Certain Types of Pre -Existing Lots Any Lot or Parcel Which Was Legally Created Before June 12, 1978 Sec. 6-30-100(a) Board Approved Subdivisions, Fully Developed Land Subdivision Exemptions, and 35 Acre Parcels Created P:rior to January 10, 2000 and Located within the Crystal River or Frying Pan Areas Sec. 6-30-100(b) Remodels and Replacement Remodeling Sec. 6-30-110(b) Replacement J Sec. 6-30-110(c) & (d) Civic and Institutional Uses Sec. 6-30-120 New Lots Crated within the VR and VC Zone Districts Sec. 6-30-130 Barns I60 Acres or Larger Sec. 6-30-140 Greater than 20 Acres but less than 160 Acres Sec. 6-30-140 Less than 20 Acres Sec. 6-30-140 Commercial and Tourist Accommodations Developments with Insubstantial Growth Impacts Commercial Tourist Accommodations Sec. 6-30-150 Change in Use Residential Sec. 6-30-160 Commercial Sec. 6-30-160 Tourist Accommodation Sec. 6-30-160 Minor Expansion of a Multi- Sec. 6-30-170 Family Dwelling Unit in the RMF Zone District Ordinance No. Page 10 gill UOLJ25 - 2012 /4 EXHIBIT E The following section shall be added: Section 6-30-170: MINOR EXPANSION OF A MULTI -FAMILY DWELLING UNIT IN THE RMF ZONE DISTRICT A GMOS exemption is provided for minor expansions to a multi -family dwelling structure or individual dwelling unit in the RMF zone district. The GMQS exemption for a minor expansion to a multi -family dwelling unit is limited to construction of subizrade floor area. Ordinance No. Page II of 11 - 2012 c RECEPTION#: 594477, 12104/2012 at 03:25:05 PM, 1 OF 3, R $0.00 Doc Code ORDINANCE Janice K. Vas Caudill, Pitkin County, CO ATTACHMENT] ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING THE LE CHAMONIX MULTI -FAMILY HOUSING COMPLEX, UNITS 1 THROUGH 12, FROM AR-I0 TO RMF Ordinance Nn. 030 - 2012 RECITALS 1. Le Chamonix Association, Inc has applied to rezone the Le Chamonix Multi -Family Housing Complex, Units 1 through 12, from AR-10 to Residential Multi Family (RMF). 2. The Le Chamonix Multi -Family Housing Complex is located at 1501 Maroon Creek Road and is legally described as the Le Chamonix Subdivision Units 1 through 12. Attachment A depicts the units as they exist today. 3. The Planning and Zoning Commission reviewed the proposed rezoning at a regularly scheduled meeting on May I' , 2012. The Commission voted 4-0 to recommend approval to the BOCC. 4. The BOCC reviewed the proposed rezoning at Reading, Conceptual Submission and a duly noticed continued public hearing and regularly scheduled public meeting, on September 12th, 2012. 2°d Reading was heard at a regularly scheduled public meeting on October 24th, 2012. Evidence and testimony were presented with respect to rezoning request. 5. The BOCC finds that the proposed land is eligible for the RMF zone district designation as it meets the intent of this zone district. 6. The BOCC further finds that the rezoning is consistent with Sections 2-30-40(i) and 2-40- 10(cX2) of the Pitkin County Land Use Code NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby rezones the Le Chamonix Multi -Family Housing Complex Units 1 through 12 from AR-10 to RMF NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 21't day of June, 2012. INTRODUCED ON FIRST READING AT A CONTINUED PUBLIC HEARING on the 12th day of September, 2012. APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC MEETING on the 24th day of October, 2012. THIS REZONING SHALL NOT BECOME EFFECTIVE UNLESS AND UNTIL THE LE CHAMONIX DETAILED SUBDIVISION SUBMISSION/FINAL PLAT AND PUD IS APPROVED BY THE BOCC PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the day of 2012. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. APPROVED AS TO FORM: John Ely,. Coos Attorne PID#'s: 273514202002 through 012 Case#: P010-12 Ordinance No. - 2012 Page 2 of 3 00002,3 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Michael Owsley, Chairman Date: t ?" y . /� APPROVED AS TO CONTENT: Lx-Ek Cindy Houben, Community Development Director Attachment A Ordinance No. - 2012 Page 3 of 3 00U029 3 l S-ATTACHMENT S. } RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING CONCEPTUAL SUBDIVISION AND PLANNED UNIT DEVELOPMENT APPROVAL FOR LE CHAMONIX ASSOCIATION INCORPORATED, AT THE LE CHAMONIX MUTLI FAMILY ROUSING COMPLEX, UNITS I THROUGH 12 BOCC Resolution No.0/4012 Recitals I. Le Chamonix Association, Inc. collectively units 1 through 12, ("hereafter the Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") for Conceptual Subdivision and Planned Unit Development (PUD) approval. The purpose of the application is to eliminate the legal non -conforming status of the multi -family housing complex and allow for creation of basement space. To accomplish the request, a new zone district has been proposed named the Residential Multi Family (RMF) zone district. The request proposes to rezone Le Chamonix to the RMF and create a PUD in effort to vary certain setbacks and parking in the new zone district. Because a PUD can only be created during the subdivision process, the Applicant has requested Conceptual Subdivision approval at this time, though no land is being subdivided. The Rezoning request and the Land Use Code Text Amendments are addressed in separate ordinances. 2. The Le Chamonix Multi -Family Housing Complex is located at 1501 Maroon Creek Road and is legally described as the Le Chamonix Subdivision Units 1 through 12. Attachment A depicts the units as they exist today. 3. The Planning and Zoning Commission reviewed the proposal at a regularly scheduled meeting on May 2012. The Commission voted 4-0 to recommend approval to the BOCC. 4. The BOCC reviewed the proposal at 1°' Reading, Conceptual Submission and a duly noticed continued public hearing and regularly scheduled public meeting, on September 12th, 2012. 2°d Reading was heard at a regularly scheduled public meeting on October 241, 2012. Evidence and testimony were presented with respect to the request. 5. The BOCC finds that the proposal demonstrates compliance with Conceptual Subdivision and PUD sections of the Land Use Code. 6. The BOCC further finds that Applicant's request to comprehensively address expansion potential and the non -conforming status at the Le Chamonix Multi -Family Housing Complex is the appropriate approach, in contrast to piecemeal applications by each unit owner. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby grants approval for the Le Chamonix Multi- Family Housing Complex Conceptual Subdivision and PUD which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Le Chamonix is limited to 12 units of density. RECEPTION#: 594479, 12/04/2012 at 03:25:07 PM, 1 OF 4, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO iiUu033 Resolution -2012 Page 2 of3 3. Basement buildout space is exempt from Growth Management Competition or use of TDR' s. Deck enclosure and any other expansion potential is subject to Growth Management Competition or use of TDR's. 4. At Detailed Subdivision/Final Plat Submission, the Applicant shall submit a refined PUD guide for the Le Chamonix property that outlines parking, allocated basement expansion and deck enclosure potential for each unit, and varied setbacks. 5. At Detailed Subdivision/Final Plat submission, the Applicant shall provide a draft easement or ownership title to the Pitkin County Open Space and Trails Department for the trail along Maroon Creek_ This easement will be forward to OST for review. Prior to Detailed and Final Plat approval the easement shall be formally conveyed to the County. 6. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. uOuJ31 Resolution No. -2012 Page 3 of 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 21d day of June, 2012. INTRODUCED ON FIRST READING AT A CONTINUED PUBLIC HEARING on the 12h day of September, 2012. APPROVED AND ADOPTED ON SECOND READING on the 24th day of October, 2012. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the day of WALL/ 2012. ATTEST: APPROVED AS TO FORM: PID#'s: 273514202002 through 012 Case#: P010-12 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO UwI,4. ichael Owsley, Chairman Date: /ate APPROVED AS TO CONTENT: GI Q(Q 9 riIG Cin y Houben, Community Development Director U .JU32 J Attachment A 00U033 ATTACHMENT 6 LE CHAMONIX FLOOR AREA Unit Existing Floor Area 1 3174 +379 G=3553 2 1772 3 1922 4 2836 5 2492 6 1896 7 2511 8 2345 9 2544 10 2358 11 2390 12 2264 + 461G= 2725 Common 211 TOTAL: 28,515+ 840 Garage Unfinished Crawl Space Over 5'6" Per Code Counted in Allowable Floor Area 105 0 0 0 682 138 471 0 0 0 0 220 0 1,616 Unfinished Crawl Space Under 5'6" Per Code is not Counted in Allowable Floor Area 470 657 653 367 0 538 197 0 0 0 0 995 198 4,075 WI GARAGE: 29,355 Source: Scot Broughton Architects, LLC and Davis Horn Inc. October, 2011 .JUUU34 ATTACHMENT -7 DRAFT LE CHAMONIX ASSOCIATION INCORPORATED PLANNED UNIT DEVELOPMENT GUIDE THIS LE CHAMONIX ASSOCIATION INCORPORATED PLANNED UNIT DEVELOPMENT GUIDE is made this day of , 2013, by Le Chamonix Association Incorporated, its successor and assigns ("Declarant") WHEREAS, on , 2013, the Pitkin County Board of County Commissioners (hereinafter the `Board" or "Pitkin County") approved the Le Chamonix Association Incorporated Planned Unit Development (hereinafter "PUD") Detailed Submission (Site Specific Development Plan) pursuant to the Pitkin County Land Use Code (hereinafter "Code"). Section 3-70-30 of the Code establishes Planned Unit Development procedure which allows variance from the strict adherence to the dimensional requirements of the Code; and WHEREAS, The County has fully considered and approved the Detailed Submission, as evidenced by the Board Resolution No. granting Detailed Submission and Final Plat approval to the Declarant (hereinafter "Development Approvals"). NOW, THERFORE, Declarant hereby submits the Property to this Le Chamonix Association Incorporated Planned Unit Development Guide ("PUD Guide') and declares that the property shall at all times be owned used or occupied subject to the provisions of this PUD Guide, which provisions shall constitute covenants running with the land, and shall be binding upon and inure to the benefit of Pitkin County, and the Declarant, and any person or legal entity acquiring any interest in the Property. FURTHER DEVELOPMENT Future development of the Le Chamonix Condominiums PUD, except as permitted herein, or which is inconsistent with the Development Approvals is prohibited without approval of Pitkin County. OUui35 ENFORCEMENT Each provision of this, PUD Guide shall be specifically enforceable by the Declarant, its successors and assigns, and Pitkin County by a proceeding for any legal or equitable relief, including prohibitive or mandatory injunction or action to recover damages. In the event of any litigation between the parties or any provision hereof, the prevailing party shall be entitled to an award of its costs incurred therein as part of the judgment or stipulated settlement entered in such litigation. AMENDMENT The covenants, conditions, and restrictions contained herein may be amended, modified or revoked by the agreement of the Declarant, its successors and assigns, and Pitkin County. No amendment or revocation shall be effective without the consent of the Declarant and Pitkin County. SEVERABILITY Invalidity or unenforceability of any provision of this PUD Guide, in whole, shall not affect the validity or enforceability of any other provision, or any valid and enforceable part of a provision of this PUD Guide. NOTICE Any notice permitted or required under this PUD Guide shall be in writing, and delivered either personally or by mail. If delivery is by mail, it shall be deemed to have been delivered forty-eight (48) hours after a copy has been deposited in the United States mail, postage prepaid, certified mail, and addressed to the party at their last known address. IN WITNESS WHEREOF, the Declarant has executed this PUD Guide as the day and date first above written. DECLARANT: t]UL,J36 LE CHAMONIX ASSOCIATION INCORPORATED By Rick Jones, President of the Board of Directors ACCEPTED BY: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Chairperson STATE OF COLORADO ) COUNTY OF PITKIN ) ss. The foregoing instrument was acknowledged before me this day of , 2013 by Rick Jones, as President of Le Chamonix Association Incorporated. Witness and official seal. My commission expires STATE OF COLORADO ) COUNTY OF PITKIN ) Notary Public ss. The foregoing instrument was acknowledged before me this day of , 2013 by , as Chairperson of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORDO. Witness and official seal. My commission expires t;Uuu37 Notary Public DRAFT LE CHAMONIX ASSOCIATION INCORPORATED PLANNED UNIT DEVELOPMENT GUIDE I. Purpose On , the Pitkin County Board of County Commissioners (hereinafter the "Board") approved the Le Chamonix Association Incorporated Planned Unit Development (hereinafter "Chamonix PUD") Detailed Submission (Site Specific Development Plan) pursuant to the Pitkin County Land Use Code (hereinafter "Code"). Section 3-70-30 of the Code establishes the Planned Unit Development (hereinafter "PUD") standards which allow variance from the strict adherence to the area and bulk requirements of underlying zone districts within a PUD. The purposes of the Chamonix Guide are to: A. Clearly identify area and bulk requirements approved pursuant to Section 3-70-30 of the Code. B. Clearly identify in one document representations and commitments made by Chamonix (hereinafter "Applicant") and the Board. C. Clearly state and iterate in one document the standards, restrictions and regulations which govern land use development within the Chamonix PUD. D. Facilitate the Pitkin County Zoning and Building Department reviews by establishing review standards. E. Identify standards enforceable by Pitkin County in one document separate from the Chamonix Condominium Declarations and Protective Covenants which are not enforceable by Pitkin County. II. Pitkin County Land Use Code Chamonix PUD has been reviewed based upon the Pitkin County Land Use Code in effect on August 2, 2013. The PUD Guide identifies variations from the Pitkin County Land Use Code approved by Pitkin County during the Iand use review process and restrictions which may be enforced by Pitkin County. 1 i0 3 III. Allowed Uses AIowed uses are established by the RMF zone district regulations in Section 3-50-90 of the Code. The RMF zone is a residential zone intended for multi -family residential dwelling units. Residential uses are intended for use exclusively for dwelling purposes, but not including hotel or lodge rooms. IV. Prohibited Uses Prohibited uses are established in by the RMF zone district regulations in Section 3-50-90 of the Code. Tourist accommodation uses are prohibited in the RMF zone. Tourist Accommodation unit means any unit intended to be occupied principally by visitors to Pitkin County, located in a facility that offers customary on -site management and operation services for visitors. This use shall include units found in a lodge, hotel, motel, tourist dormitory, resort cabin, guest ranch, or similar facility, but shall exclude any high country hut, tourist camping or similar facility that does not provide on -site management and operation services or that does not meet the definition of dwelling unit in this Chapter 11 of the Code. Also excluded shall be dwelling units that are principally residences as defined in this Chapter 11 of the Code, and are subject to residential growth management quota system allotments even though they may from time to time be used by visitors. V. Dimensional Requirements This section establishes dimensional requirements for the PUD. The dimensional requirements of the Code apply to the Chamonix unless varied in this section. A. Lots Minimum Lot Area (acres) Minimum Lot Area per Dwelling Unit 1 acre .14 acre B. Maximum Dwelling Units Per Acre 10.5 C. Minimum Useable Open Space per Dwelling Unit (square feet) 500 D. Minimum Lot Width 75' E. Minimum Setbacks from Property Lines Front 5' Side 5' Rear 20' 2 F. Maximum Height Increases in the height of the Le Chamonix Condominiums will only be considered by Pitkin County based upon a plan for the entire Condominium structure and will be subject to a major PUD amendment, Site Plan and Scenic View Protection Reviews. Height increases on a unit by unit basis are prohibited. The Height limit for the PUD is 28 feet for the primary structure and 20 feet for the accessory structure accept for those units listed below. Unit 8 33' 3" Unit 9 31' 2" Unit 10 29' Unit 11 28' 11" Unit 12 28' 3" G. Existing Decks The existing decks located on the north side of the structure are permitted. The decks located on the north side of the structure may be renovated and/or reconstructed subject to obtaining required Pitkin County building permits. The sizes of the decks (square feet) located on the north side of the structure are documented in Attachment 10 and listed below. Unit 1 784 Unit 2 540 Unit 3 609 Unit 4 666 Unit 5 526 Unit 6 493 Unit 7 646 Unit 8 339' Unit 9 673 Unit 10 487 Unit 11 232 H. Maximum Floor Area Gross floor area for PUD based on Floor Area Ration (FAR) .5 Floor area for each Dwelling Unit 2,855 I. Setback from Maroon Creek Road a Major Road 3 This section establishes the major road setback from Maroon Creek Road to individual dwelling units in Chamonix. Attachment A depicts the measured shortest distance from each unit to the Maroon Creek Road right of way (major road). This shortest distance is the setback for each unit. Unit 1: Unit 2: Unit 3: Unit 4: Unit 5: Unit 6: Unit 7: Unit 8: Unit 9: Unit 10: Unit 11: Unit 12: Storage shed 9.3' 10.4' 18.2' 18.4' 55.1 67.4' 63.9' 56.1' 34.8' 13.3' 11.1' 11.3' 0.0' J. Expansion of Dwelling Units The existing crawl spaces (areas which are less than 5' 6") under the dwelling units listed in this section may be expanded provided that the new floor area does not exceed the limitations in this section and the maximum floor area permitted per unit. The expansion of all other dwelling units in the PUD is prohibited unless the PUD is amended pursuant to Section 2-40-50 of the Code. Alteration of the building footprint or height is prohibited unless the PUD is amended pursuant to Section 2-40-50 of the Code Unit 2: Unit 3: Unit 6: Unit 7: Unit 12: 657 square feet 653 square feet 538 square feet 197 square feet 591 square feet K. Enclosure of Decks The enclosures of decks located on the north side of the structure are not approved as part of this PUD approval. The portions of the decks which exceed 15 percent of the floor area of each unit are included in floor area based upon the existing Pitkin County Land Use Code floor area definition. Refer to Attachment 10 for the calculation of deck floor area. The future enclosure of decks may be possible subject to Site Plan review approval by Pitkin County and compliance with the floor area limitations established in this PUD Guide. 4 r r 1 N C C 11 y1111��V I.: %""• l/II/ /rri�li�lll //irrrrii�/I/I��i/fif/rr {L. • 44411//Ii! firirrrJ7111, /Aririrq r'r 1 \ I !� \ I 1 J L J i' • —E1 J CHAMONIX CONDOMINIUMS rffl Bunta Trail Easement ATTACHMENT TRAIL EASEMENT THIS PUBLIC TRAIL EASEMENT (the "Trail Easement"), made and entered into this day of , 2013, by and between ("Grantor"), the Board of County Commissioners of Pitkin County, Colorado ("Grantee"), RECITALS: 1. Grantor is the record owner of certain real property located in Pitkin County that lies , as described in Exhibit A and depicted in Exhibit B, and 2. Pursuant to Resolution of the Board of County Commissioners of Pitkin County, Recorded in the Official Records of Pitkin County Reception # , Grantor obtained land use approvals conditioned Grantor's conveyance of trail easements to the County for 3. Grantee desires to grant trail easements consistent with Resolution 4. Grantee desires by this instrument (a) to accept said Trail Easement subject to the restrictions set forth herein, and (b) to assume certain responsibilities in connection therewith. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: Grant of Trail Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public a wide non- exclusive perpetual public trail easement for a trail along , as also depicted on Exhibit B (the "Trail Easement"). 1. Grantee hereby accepts the Trail Easement in an "as is" condition, subject to the restrictions herein contained. Such acceptance does not preclude improvement or maintenance activities within the Trail Easement insofar as such activities may be allowed or required by this Agreement. 00u04.3 2. Trail Easement Use Restrictions. 1 Bunta Trail Easement a. Public use of the Trail Easement shall be exclusively for non motorized recreation such as hiking, horseback riding, bicycling and nordic skiing. Dogs on the trail must be leashed at all times. b. The Trail Easement is governed by the rules and regulations and other provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or recodified from time to time, provided always that the provisions of this Agreement shall control wherever they are more restrictive than the provisions of said Title XII. c. No motorized vehicles shall be permitted to use the Trail Easement, except as needed for maintenance of the trail or emergency response. d. Grantor reserves the right to use and enjoy the Trail Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by Grantee or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Trail Easement. The Trail Easement is granted subject to all existing easements, restrictions and covenants of record. 3. Trail Easement Care and Maintenance. Grantee hereby assumes complete responsibility for and agrees to care for, groom and maintain the Trail Easement in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, unless the need therefore is caused by Grantor, or its successors or assigns in interest in the ownership of the underlying Property, in which case Grantor, or its successors or assigns in interest, shall perform the maintenance or care so required; provided, however that Grantor is not responsible for said damage if caused by horses or third parties. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. UUUJ.4 4. Grantor's immunity. The parties expressly acknowledge that the Trail Easement is granted for a "recreational purpose" under C.R.S. Section 33-41-101, et seq., and that Grantor is entitled to pursue the benefits, protections and limitations on liability afforded by Colorado law governing recreational Easements, including without limitation said Section 33-41-101, et seq. By granting the Trail Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Trail Easement, or to insure or indemnify Grantee or the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Trail Easement for public non - motorized travel or otherwise, or due to the condition of the Public Trail area. 2 Bunta Trail Easement 5. Attorneys' Fees. In the event the interpretation or enforcement of this Trail Easement should ever become the subject of litigation between Grantor (or her successors and assigns in the record ownership of the underlying real property traversed by the Trail Easement, or any part thereof) and Grantee, the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. 6. Binding Effect. This Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying real property traversed by the Trail Easement, or any part thereof. The benefits and burdens hereof shall also run with the title to the underlying real property and all parts thereof traversed by the Trail Easement. This Easement may only be amended by a writing signed by Grantee and by the then -record owners of the underlying real property traversed by the Trail Easement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: By: STATE OF COLORADO ) COUNTY OF PITKIN ) ) ss. The foregoing instrument was acknowledged before me this day of , 2013, by Witness my hand and official seal. My commission expires: GRANTEE: Notary Public 3 Banta Trail Easement Pitkin County, Colorado By: George Newman, Chair ATTEST: Jeanette Jones, Deputy County Clerk Pitkin County tU6t046 4 a < ILI al —• 0¢ E0000 ,j U. I— LL <0dcr N <I= 0 p h • z J < 0 < c c) F- Q LL paw¢ Ffl TOTAL = 29.355.35 s illE WI II!hist 89;; EJ 88 SA■ E`E F§ 88 ;g spa i3 0 i lit 11 III It a 11 a x11 zB a z ATTACHMENT 1 11 LE CHAMONIX ASSOCIATION INC. do Rick JONES 323 WEST MAIN STREET SUITE 301 ASPEN, COLORADO 81611 (970) 925-3994 August 2, 2013 Mike Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Dear Mike: This letter authorizes Davis Horn Incorporated to prepare and submit a land use application for Le Chamonix Association Inc. and to represent the Association in the Pitkin County land use review process. You may contact me at 925 3994 if you have any questions. Thanks. Sincerely, Le Chamonix Association Inc. By: Rick Jones, Board UutJ48 ATTACHMENT lZ- LE CHAMONIX ASSOCIATION INC. clo Rick JONES 323 WEST MAIN STREET SUITE 301 ASPEN, COLORADO 81611 (970) 925-3994 August 2, 2013 Mike Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Dear Mike: Please find hereto the current list of owners of Le Chamonix Association Inc. located at 1501 Maroon Creek Road, Aspen, Colorado, 81611 as downloaded today form the Pitkin County Assessor's website. It is my understanding that these are indeed the current owners. You may contact me at 925 3994 if you have any questions. Thanks. Sincerely, Le Chamonix Association Inc. By: Rick Jones, Board of Dire rs ATTACHMENT -5 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and t-•-L (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for De-ru (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 018-2004 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission andlor Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior pc a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ ZS 4-19 2. which is based on( -I hours of staff time, by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Le C !-«n.�v L ("APPLICANT") Cindy Houben Community Development Director 000050 -Tv,(-) rciCOi /cCTyr ci Print Name and Title (if applicable) Date:�Z 1!3 Mailing Address: easy Peel labels Ise Avery4 Template 51604D eena along tine to Feed Paper �� expose Pop-up Edge'"' r � HVtItY"' blbu'' )REITH fR LIN'DSAY A 115 BOOMERANG RD #5406 ASPEN, CO 81611 TAYLOR JOSEPH W & NORA S 0115 BOOMERANG RD #5108 ) ASPEN, CO 81611 TWOHIG PAUL & CAROL ANN • PO BOX 2830 • ASPEN, CO 81612 ) ZANADVOROV ALEXANDER • 15528 FOSTER ST OVERLAND PARK, KS 66223 ) ) ) ) ) ) ) ) ) ) OLW051 SHANKS ROBERT H 0115 BOOMERANG RD #5304 ASPEN, CO 81611 THOMPSON JESSE 0115 BOOMERANG RD #5408 ASPEN, CO 81611 UMBARGER MARK R 0115 BOOMERANG RD #5407 ASPEN, CO 81611 STEWART MILTON M JR & CAROLE C 0115 BOOMERANG RD #5103 ASPEN, CO 81611 TIERNEY MICHAEL P & ANNE PO BOX 2391 ASPEN, CO 81612 WITT PATRICIA 0115 BOOMERANG #5109 ASPEN, CO 81611 ILI p r0 perk/ Owngr, 300 of 14 Chown& Etiquettes fades a peler .•rv, dr, RepliPz a la hachure aim de i ,NVVW JV!'ry cnm uNl r !I AV/I {l`/ sy Peeie Labels Avery0 Template 5160 tiena along line w Fred Paper "m"'" expose Pop-up Edge'"` )4 EXHIA TION1LANE LLC 1185 PARK AVE #11K JEW YORK, NY 10128 ) ) >SPEN HIGHLANDS CONDO ASSOC INC �0j,075 PROSPECTOR RD /ASPEN, CO 81611 ) ) )ASPEN SKIING COMPANY LLC DRAWER G-2 "SNOWMASS VILLAGE, CO 81615 ) ) )BURROWS HUGH & SARA el 0115 BOOMERANG RD #5106 ASPEN, CO 81611 EASTWOOD HIGHLANDS INVESTORS 85.72% 0115 BOOMERANG RD #5201 ASPEN, CO 81611 FORAN EDMUND C & BARBARA 45 EXHIBITION LN ASPEN, CO 81611 LYONS DAVID C 0155 BOOMERANG RD #5409 ASPEN, CO 81611 MEYERSTEIN TRUST 0115 BOOMERANG RD #5103 ASPEN, CO 81611 PELLEGRINI VINCENT D REV TRUST 601 LAKELAND RD SOUTH SEVERNA PARK, MD 21146 PISANI MARK & JILL 31 EXHIBITION LN ASPEN, CO 81611 ANDERSON JON & LORI 43 EXHIBITION LN ASPEN, CO 81611 ASPEN HIGHLANDS VILLAGE AFF HOUSING C/O ABACUS BOOKKEEPING 52 BAYVIEW TER MILL VALLEY, CA 94941-2495 BERGDAHL MATTHEW A & ELIZABETH A 0011 EXHIBITION LN ASPEN, CO 81611 BUYSSE MICHAEL 0115 BOOMERANG RD #5107 ASPEN, CO 81611 FAGAN CHARLES D PO BOX 1107 ASPEN, CO 81612 LISMAN ADRIANA 0115 BOOMERANG RD - #5308 ASPEN, CO 81611 MAROON NEIGHBORHOOD TOWNHOME ASSOC 402 WIDGET ST BASALT, CO 81621 NERAL CHRISTOPHER J 0115 BOOMERANG RD #5405 ASPEN, CO 81611 PERGANDE DON W & ROSALYN 0115 BOOMERANG RD #5102 ASPEN, CO 81611 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 ASPEN HIGHLANDS COMMERCIAL METRO DIST 715 W MAIN ST #304 ASPEN, CO 81611 ASPEN HIGHLANDS VILLAGE PARK & LOAD C/O BEACH RESOURCE MANAGER 133 PROSPECTOR RD # 4210 ASPEN, CO 81611 BUILDING 7 LLC C/O ASPEN SKIING COMPANY PO BOX 1248 ASPEN, CO 81612 DOMOSZLAY KATALIN 0115 BOOMERANG RD #5410 ASPEN, CO .81611 FEHER LAWRENCE D 0115 BOOMERANG RD #5404 ASPEN, CO 81611 LOT 5 PYRAMID POINT ESTATES LLC PO BOX 7699 ASPEN, CO 81612 MBEREKO ISAAC TP & LAUREN P PO BOX 10296 ASPEN, CO 81612 OCONNELL DANIEL S & GLORIA P 16 ROCK RIDGE AVE GREENWICH, CT 06831 PI CASTLE ROCK LLC 14.28% 3033 E 1ST AVE #502 DENVER, CO 80206 PURCELL ERICA 0115 BOOMERANG RD 45403 ASPEN. CO 81611 t5? E:tiquettes faciles a peler Popliez ,i la hachure ,lfin do ; ',,•n: dr. , , _ i wwvv'Ivory ram 1 :trlfl (,() C, l E Fr e ATTACHMENT jg ) December 15, 2011 ) ) 3 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1Juc53 LE CHAMONIX ASSOCIATION, INC. C.O RICK JONES 323 West Main Street, Suite 301 Aspen, CO. 81611 (970) 925-3994 Mike Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, CO. 81611 Dear Mike: This letter authorizes Alice Davis and Glenn Horn of Davis Horn Incorporated to prepare and submit a land use application for Le Chamonix Association, Inc., and to represent the Association in the Pitkin County land use review process. You may contact me at 925-3994 if you have any questions. Thanks! Sincerely, LE CHAMONIX ASSOCIATION, INC. By: Rick Jones, Presi ‘6(i) t, Board of Directors ATTACHMENT 6 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR. PAYMENT pOF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and Le- C. tamon1 g A j, QGja-j01ij ,TAL. (hereinafter"APPLICANT") AGREE AS FOLLOWS: I. APPLICANT has submitted to COUNTY an application for YIrl '&) RAF/POD (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature ar scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director I .P- ChamdniX As Oe iabh, Tnt. ("APPLICANT') -ie 11--------- 13y: k i & Ten s, Pnts' 1 &ardi o-F qte Print Name and Title (.f p'cable) ale Date: it — Mailing Addres : I Ci Marren 1 1 I I I eLz s.3444. . 00 054 MEOW AD LON• v� waaarrs�r•MMM fuses ... WY,.. w...1r.m1.s.e"S ilil 101 auINC..• •3 N.> ° '3NI'ON1H33NIDN3 AMINfO3 H91H 013 W do13A30 _Limn m NNY1J S W f1 NI NOQNO 3 XI NOINYH311 c oim'N3dir nNo[rrHan 11 7 a t • v z v vC) 44 PrA H 3�6 e a as 9 CS6 rzo-orsi AS a PIM U. IMCI.• PLC MI HOPEI,. PLO ONI nNft133NIDN3 A iN1103 H01H 1 , L • .ui3waO1 A3O11Nfl a3NN d 9 wnNlwaaHoo xIHof atoan I Ai N . dorot9 bJ MISCELLANEOUS DOCUMENTS