Loading...
HomeMy WebLinkAboutBOCC.packet. 05142014 LeChamonixMEMORANDUM TO: Pitkin County, Board of County Commissioners (' o C'4 THRU: Cindy Houb ommunity Development Director FROM: Michael Kraemer, Planner RE: Le Chamonix Detailed Submission/Final Plat and Planned Unit Development (PUD) DATE: May 14th', 2014 REQUEST: The Applicant is requesting Detailed/Final Plat and PUD approval to finalize a Rezoning and Land Use Code amendment for the Lc 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. This request was tabled from the February 121, 2014 BOCC meeting to address a violation on the property. The violation has been rectified and the application can move forward. 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. Page 1 of 3 00000.E C�14.. 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 SubdivisionlFinal 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 SubdivisionlFinal 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 recordation. PLANNING and ZONING COMMISSION: The P &Z heard the request on November 12', 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 V reading and set 2" d reading (public hearing) for June 11', 2014. Page 2 of 3 000002 ATTACHMENTS: A. Draft Detailed/Final Resolution B. P &Z minutes from November 120`, 2013 `Applicant's submittal provided separately. Page 3 of 3 dj0003 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 Le Chamonix Association, Inc. collectively units 1 through 12, ("hereafter the Applicant ") has applied to the Pitkin County Board of County Commissioners CBOCC ") 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. 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. The BOCC reviewed the proposal at 1St Reading, Detailed/Final Submission and a public hearing, on May 14'x', 2014. 2nd Reading was heard at a public hearing on June 11'h, 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: 000004 Resohition No. -2014 Page 2 of 4 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. Deck enclosures, garage conversions to habitable floor area, 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. Prior to recordation of the 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. Qty 1.) UR, Resolution No. -2014 Page 3 of 4 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 14TH DAY OF MAY 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 11TH DAY OF JUNE 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: Jeanette Jones Deputy Clerk APPROVED AS TO FORM: John Ely, County Attorney PID#'s: 273514202002 through 012 Case #: P067 -13 0000GC. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Robert A. Ittner Jr., Chair Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director Resolution No. -2014 Page 4 af'4 Attachment A a00©011 FIFTH 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 land use review process and restrictions which may be enforced by Pitkin 1 0000® "..i County. 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 maybe 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 S. 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 2 000000, 75' 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 Figure 2 and listed below. Unit 1 Unit 2 Unit 3 Unit 4 Unit 5 Unit 6 Unit 7 Unit 8 Unit 9 Unit 10 Unit 11 3 u0U010 784 540 609 666 526 493 646 339 673 487 232 Unit 12 I. Existing Floor Area 430 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. Units 1 and 12 each include floor area being used as garages as noted in Table 1 and depicted in Figure 2. Table 1 Le Chamonix Existing Floor Area* Unfinished Unfinished Crawl Space Over 5'6" Crawl Space Under 5'6" Per Code Counted in Per Code is not Counted Unit Existing Floor Area ** Allowable Floor Area in Allowable Floor Area 1 3174 +379 G =3553 105 470 2 1772 0 657 3 1922 0 653 4 2836 0 367 5 2492 682 0 6 1896 138 538 7 2511 471 197 8 2345 0 0 9 2544 0 0 10 2358 0 0 11 2390 0 0 12 2264 + 461 G= 2725 220 995 Common 211 0 198 TOTAL: 281)515+ 840 Garage 1,616 41075 W/ GARAGE: 29,355 • See Figure 2 for calculations of floor area. ** Existing Floor Area includes unfinished crawl space over 5'6" identified in the 3rd3rd column from the right from the left. 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) .5 Floor Area for all Dwelling Units except Unit 1: 2,855 4 JUUU11 Floor area for Dwelling Unit 1: Floor area for Dwelling Unit 12: 3,174-379 Garage= 3,553 2,264 +- 461Garagge = 2,725 K. Setback from Maroon Creek Road a Major Road 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: 9.3' Unit 2: 10.4' Unit 3: 18.2' Unit 4: 18.4' Unit 5: 55.1 Unit 6: 67.4' Unit 7. 63.9' Unit 8: 56.1' Unit 9: 34.8' Unit 10: 13.3' Unit 11: 11.1' Unit 12: 11.3' Storage shed 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: 657 square feet Unit 3: 653 square feet Unit 6: 538 square feet Unit 7. 197 square feet Unit 12: 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 k" 00U012 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. O. Increases in Floor Area, Finishing Unfinished Crawl Spaces Over 5' 6" and Converting Floor Area Located in Garages to Living Space Any deck enclosure requires a residential Growth Management Quota System (GMQS) allotment or a Transferable Development Right (TDR). Expanding the floor area of any dwelling unit other than the conversion of the unit crawl spaces (subgrade space) identified in Section V. L. (Units 2, 3, 6, 7, and 12) requires either a residential GMQS allotment or a TDR. The existing crawl spaces (subgrade space) which are over 5'6" in height are identified in Table 1 (Units 1, 5, 6, 7 and 12). These unfinished subgrade spaces may be converted to finished space subject to compliance with the building codes. The existing floor area located in the garages in Units 1 and 12 (see Section V.I.) may be converted to habitable floor area provided there is no change to the building footprint and there is no expansion in floor area. Conversion of floor area in garages to habitable floor area requires a residential GMQS allotment or exemption. No new garages which require additional floor area may be built without a residential GMQS allotment or exemption. Any alteration of the building footprint is not permitted without additional Pitkin County land use review. 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. 0 000013 F136+8N i Bldg Section- Unit 1 • B , .cam {Bt Side Sieadon- Unit 7 ®00014 Bldg Secti�ZW! 2 ) Bldg Secton- Unk 3 p Bldg Section- Unft 8 Sid Secf)on UnH 9 K 1 L — L _ Bldg Sectiarr Unit 4 E Bldg Section- UnR 14 y i 81 SecNetn -Unit 5 F qy_ i d I Bldg 22ft Unit B O Bidg Sectiat Un.11 M Bldg Section Unit i2 N y Building Wei hls 2 Site 'v CHAMO,NIX CONDOMINIUMS I WUM FOR copymw sCQI BROlGHT3M1ArchitecLLC SE ROON CREEK ROAD A7 lb PtTKIN COUNTY CO Poe —u siin�s: `ci,« .rte d+ M„"`ra�wwi I � a IfL&N ',x.ere.�ua,a LE CHAMONIX CONDOMINIUMS 59JEdFC�i era+.arawvxPSn. 'uws � r+ac*r.n.. 1q°-0m° r aware _ 1 50 1 MAROON CREEK ROAD COUN7YY b. r., Fnro�wee I Lai]b Rtil w L�J�aws11 raw GO r lea • .raA.�...... Lv rPr�ITJ�KIN �`V i�waaia. aerea r§bl .. c.wro.rJ • �io-r oeraarww+rJ "a e.rdr,e uaa ,nib uww.,www•rJ �m twr..awe..o-v wm ueT„ �ArzPiw — MW r WI9r +. HrytwJ _ Isx brf LwW npe ra 6w WeastsrW Piawean+aar+ as aiwraaa� W rswo ata.rJ �s� "�F�'J��W axw mow. ,lR�+ nw m am n Dfr. ulfr Taue rar,�aso •eJ Tai a. a..r. - mavN RYrG! /YpW .IJ Jri1M SdwaJ^'e ewfl Irf�l'fwfOflf u+rr "� nm rnrrawa Cwwfyae,.tJ f: ,Pae rears! >:m .raa'ear �� 44r�+ wvarwrr. rJ wiw Jn.n � iMOb r mer.,9wtlmar sac rb aee.IP e..as+brr,r, �� nrnr ba �r.. ews RN1w ma�aew+.. s'J errtrb µaP'erar uaeaew edm o.. �.yrry esnma —�1�w a..er en.m wee Jn fl. rp Thw .rJ eHal. mm flQ�ri� arr,rwee.w EXISTING FLOOR AREA PURSUANT TO PiTCO LAND USE CODE ZONE AR -10 S F y drr P J •F A r rt" 000015 TOTAL EXISTING FLOOR AREA PURSUANT TO PITCO CODE DEFINITION FOR FLOOR AREA CALCULATIONS TOTAL= 29,355.35 sq. ft. nonareau - ar ease `em,.ss ,e +em J e�p1cw �m we".e.. •.� ro awJ Fb+...C�l= tlre� '"�� iaurta o-f --- - - - - -� ------ r ---17 ---- r---- t--- t--- -7 - -7- - .rte ru W a mm-mr. Lan it"nel Stectlon 0 era.r.w..,....r.�.. ICI ........v.. Upper Level FAR_ ;1 SCOT BROUGHTON Architects, LLC LE CHAMONIX CONDOMINIUMS 59JEdFC�i era+.arawvxPSn. � r+ac*r.n.. �.F arsrwGac�aAxM SHEU NO, 1 50 1 MAROON CREEK ROAD COUN7YY b. r., Fnro�wee I Lai]b Rtil w L�J�aws11 raw GO r lea • .raA.�...... Lv rPr�ITJ�KIN �`V .. Entry Level, FAR i;\ - Basermnt Level FAR j kMONIX CONDOMINIUMS c QQmpw m SHFUTFLE N CREEK ROAD Alc 4TY A.1 COUNTY PLANNING AND ZONING COMMISSION MEETING TUESDAY, NOVEMBER 12, 2013 Rio Grande Conference Room 455 Rio Grande Place Aspen, CO Commissioners Present: Staff Present: John Howard Monty Thompson James VeShancy Jeffrey Conklin Trent Palmer Lance Clarke Mike Kraemer Suzanne Wolff I. CALL TO ORDER: Chairman Howard called the Planning and Zoning Commission meeting to order at 5:30 P.M. II. COMMENTS: A. COMMISSIONERS: B. PLANNING STAFF: C. PUBLIC: III. NEW BUSINESS: 1. LE CHAMONIX HOMEOWNERS ASSOCIATION SUBDIVISION DETAILED SUBMISSION AND FINAL PLAT STAFF RESPONSIBLE: Michael Kraemer ➢ Applicant: Le Chamonix HOA ➢ Applicant's Representatives: Glenn Horn Summary of Request: The Applicant is requesting Detailed/Final Plat approval to create a Planned Unit Development (PUD) for the Le Chamonix multi - family housing complex. Incorporated into the request is a Land Use Code Amendment to create the Residential Multi - Family (RMF) Zone District and a rezoning request to rezone the property to RMF. The purpose of the request is two -fold: (1) to attain "legal" non- conforming status through oJU, 017 application of the new zone district; and (2) give the ability for homeowners to legally build out basement space. Staff proceeded with an outline of the request and Commissioners had a chance to comment on the process. The P &Z requested the existing floor area attachments be added to the PUD Guide and to add a condition in the resolution 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 ". Commissioner Thompson moved to recommend approval of the LE CHAMONIX HOMEOWNERS ASSOCIATION SUBDIVISION DETAILED SUBMISSION AND FINAL PLAT as proposed by staff. Commissioner Conklin seconded. Chairman Howard called the question, and the motion passed 5 -0. IV. OLD BUSINESS: 1. GREENHOUSE CODE AMENDMENTS STAFF RESPONSIBLE: SUZANNE WOLFF ➢ Applicant: Pitkin County ➢ Applicant's Representatives: Suzanne Wolff ➢ Summary of Request: The BOCC held work sessions on January 4 and March 15, 2011 to discuss how the Land Use Code ( "Code ") addresses greenhouses. The Planning Commission discussed greenhouses on June 21, September 6 and October 18, 2011, and reviewed draft code amendments on July 2 and October 1, 2013. The code amendments have been revised as recommended by the Planning Commission at the October i meeting. The Commissioners agreed on the following: • Approve the Site Plan Review exemption as proposed by staff. No change to the standards for visibility or setbacks, in order to remain consistent with the exemption provided for other Agricultural Buildings. Agreed that the exemption would apply County -wide; Commissioners did not support request from Snowmass /Capitol Caucus NOT to provide an exemption in that Caucus area, again in order to maintain consistency. • Approve the Greenhouse definition as proposed by staff. • Agreed with staff that the existing provisions for "Agricultural Stands" are adequate. • Amend the exempt square footages for greenhouses that are accessory to a residential use as proposed by certain Emma Caucus members, as follows: • Lot/parcel 1 acre or less: 320 square feet • Lot/parcel of 1 acre to less than 5 acres: 500 square feet • Lot/parcel of 5 acres to less than 10 acres: 1,000 square feet • Lot/parcel of 10 acres to less than 35 acres: 1,300 square feet o Lot/parcel of 35 acres or more: 1,600 square feet Employee Mitigation for Commercial Greenhouses: o Exempt the first 3 employees. a 4-10 employees: mitigate for those employees in excess of 3 at 25% of the employee housing impact fee. o More than 10 employees: mitigate for those employees in excess of 10 at 50% of the employee housing impact fee. Commissioner VeShancey moved to recommend approval of the Greenhouse Code Amendments with changes as discussed. Commissioner Thompson seconded. Chairman Howard called the question, and the motion passed 5 -0. 2. GSM LLC MAJOR PLAT AMENDMENT ACTIVITY ENVELOPE AND SITE PLAN REVIEW STAFF RESPONSIBLE: MIKE KRAEMER Applicant: GSM LLC ➢ Applicant's Representatives: Ryan Hoffner, Charles Cunniffe Architects ➢ Summary of Request: The Applicant is requesting a Subdivision Exemption for a Major Plat Amendment to merge two developed lots into one for the purpose of constructing a larger residence. This request was continued from the October 151, 2013 P &Z meeting. Staff provided a description of the request and background from the October 151, 2013 meeting. Consistent with the previous meeting, Staff was recommending denial of the request based on the Land Use Code Section that requires consistency with the neighborhood. Farrell Kahn, Red Mountain Ranch HOA, was present and stated that two other lot owners have shown interest in combining their lots if this request is approved. He also stated that the HOA is almost ready to provide an approval of the proposal. Daniel Sullivan submitted written comments on behalf of the Lot owners across East Reds Road at 0209 East Reds Road. The letter stated that there are concerns about the geothermal drilling at the site. The Applicant's representative Charles Cunniffe explained that there is the possibility to use a solar array for onsite energy generation instead of geothermal, however, they are still exploring the possibility. Jack Barker, neighbor across the street, was present and stated that he is okay with the proposal and commented on the proposed pool house and that the existing residences are in really bad condition and that a new residence will be a site improvement. 03001'; VeShancy asked if there were any objections to the proposal in terms of the newly adopted Aspen Area Community Plan. He expressed that the AACP might support more density, not less. Howard asked if a potential approval of the proposal would set a precedent for future approval of merger applications and asked the P &Z to consider if the neighborhood should be viewed as the entirety of Red Mountain, or Block 1 of the Red Mountain Ranch Subdivision. Palmer stated he was also concerned about the possibility of setting a precedent for future applications to make an argument for approval. Thompson stated that he felt that 1 house was less impactful than 2 houses. He also felt okay with making a finding that the entirety of Red Mountain should be considered the neighborhood, not just Block 1 of Red Mountain Ranch Subdivision. Conklin stated that the proposal should be considered in the context of the entirety of Red Mountain and that the request is consistent with Red Mountain Ranch as a whole, not just Block 1 of the Red Mountain Ranch Subdivision. Commissioner Thompson moved to recommend approval of the GSM LLCC Major Plat Amendment, Activity Envelope, and Site Plan approval. Commissioner VeShancey seconded. Chairman Howard called the question, and stated that the specific finding made by the P &Z was that the proposal was consistent and compatible with the surrounding neighborhood of Red Mountain as a whole and not just Block 1 of the Red Mountain Ranch Subdivision. The motion passed 5 -0. V. ADJOURN: The meeting adjourned at 7:30 P.M. 000" 2� PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Michael Kraemer PHONE: (970) 920 -5482 ATTACHMENT "1- DATE: 5/29/2013 E -MAIL: michaelk5co-pitkin.co.us LOCATION: Le Chamonix Condominiums Units 1 -12, 1501 Maroon Creek Road ZONE: AR -10 PARCEL ID #: 273514202001 thru 012 ACRES: approx. 1.3 acre APPLICANT: Le Chamonix HOA REPRESENTATIVE: Glenn Horn EMAIL and PHONE: q horn rof.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: (make check payable to " Pitkin County Treasurer') o ��n� WS6 ■ $ Planning Office flat fee (non - refundable; based on 16 hours of staff time; if staff review time exceeds 19.2�� ,/ e Applicant l will be charged for additional time above* hours at a rate of *0 ■ $725 Cler /CO ■ $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 f=inal 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 90 Final Plat Land Use Application Prepared by: Davis Horn Incorporated 215 South Monarch Street Aspen, CO, 81611 August, 2013 000003 Table of Contents Section Introduction I. Background II. Existing Conditions III. Land Use Review 000004 Page 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. 00000G 1. 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). I1. 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 +/- 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 +/- 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 0 0 tj 00 f 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. III. 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 See. 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; UOU00" 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. Il 000005 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. III.C. 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. 0 0 1O 240 -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. 240- 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 N. 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 3 000011 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 uOuO12 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 Trans 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. U0u,013 o E Z w w e m a Imo 0 :.a Z4"o -, -a 5�L) © LO T Ch z z Q Y m E 2 9 r z ac Q) w CU ® L - i d w N `n;o.YY °° �~ ZME w 0 i J N C y C4 E a L 'f EL L A LL 38c. a ' a ®� o ° o � wayo F 3 a 3 F L 2, :K c7 ;3 u�y • z v *F` o ,, * •'1• 4 a a :SAO ❑ rn. ww E On m ' 0 d •1 *45 � Y y z z o LU r, W S ' •o ar `, o C14 e� r z < < w Y 4 a z c7 LJ �4 aic> \ ix 0 1 aw ¢ a Z a �J J a- \� d O'. wI � U 0 ®, M W 4 r co a� f ,Z+. Z '�' Cl u` u 1 0 i d< t Zug 2 qn d O C Z. 0 W: LL o E Z w w e m a Imo N 0 U LO T y Q Y m E 2 9 10 w CU ® L - �~ N C y C4 E a L O 2 A LL 38c. a ' a ®� o ° o � F 3 ! Z w w W �ix L 5 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 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 Cindy Houben Community Development Director Effective 1/26/2010 G:countyladminlformslagreement to pay OGG015 APPLICANT Print Name Signature Date: Mailing Address: ATTACHMENT 3 ORDINANCE OF THE BOARD OF COUNTY COIVINIIBSIONERS OF PITION COUNTY, COLORADO, AMENDING TITLE 8 OF THE PPTIUN COUNTY CODE, SPECIFICALLY THE 2006 LAND USE CODE FOR LAND USE CODE TEXT AMENDMENTS Ordinance No. 03L q -2012 RECITALS 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: EXMIT 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 1', 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 12'x, 2012. 2d 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 finds 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. U0Gul6 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 21 ' day of June, 2012. INTRODUCED ON FIRST READING AT A CONTINUED PUBLIC HEARING on the 12Tu day of September, 2012. APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING on the 2e day of October, 2012. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the dayof�i2012. THIS ORDINANCE SHALL CHAMONIX DETAILED APPROVED BY THE BOCC APPROVED AS TO FORM: Jo ly, (Sungmey Ordinance No. Page 2 ojll 0,0001-t -2012 NOT BECOME EFFECTIVE UNLESS AND UNTIL THE LE SUBDIVISION SUBNIISSION/FINAL PLAT AND PUD IS BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO i M c ae1 Owsley, Chairman Date: / )- - '/- r6/ 1�1- — APPROVED A5 TO CONTENT: iday oaten, Community Development Director EXHMIT A The underlined section shall be added. SECTION 3- 50-90: RW — RESIDENTIAL MULTI- FAMILY (a) Intent The RMF zone district may only be applied to existing multi-family dw Ifing units. This zone district may not be applied to lands that do not contain legal multi family dwelling units. nits. (b) Location The RMF zone district is only intended to be located within the Aspen Urban Growth Bound adiacent 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 desigLiated. on the Pitkin County Historic Register. TDR's ma be _purchased and used in the RMF Zone District for the purposes of (aa) 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 GM OS see cha ter 6). Ordinance No. -2012 Page 3 of 11 U, ULj a"ll. The underlined shall be added to Section 4 -20: Permitted Use Table: Ordinance No. -2012 Page 4 of 11 Oouoi tn1ended TABLE 4 -1: Permitted Uses for Rural Areas. it,, 1q.s pa Y4 SW ffrmt Il widerl Q.. Rural Districts p5.4a'�f A ;Mir RS RR RS RS 1-1 TR- TR- RS A A S B - 1 — 35 R- 35 1 2 30 R" R K 1 1 4,0 ki4 " & 7 Use Category/ Use Type 0 & 10 2 Le rs }, PA') �x * �- R 2-Z � �� °I Use- Specific RegaEations § 2d R 6 �S Y,r , �Ga � C (Formerly Essential Government and Public Utility Uses, Facilities and Services Public Utilities, Major S S S S S S 5 is S is S Is Is is S is S M is Public Utilities, Minor A A A A A A A A 5 JA A JA A A A A A A A M A 4 -30 -030 Religious Institution S S S S S M S S S S S M S §4- 304)30(g) formed Church School or University S S M S IS S M 4- 30-030 Sewage Disposal Area or S S S S S S M S S S S S S S S M H Water Plant Transit Facility M S S M -11' 4 ercial & Industrial Entertainment & Recreation Adult Entertainment S S S §4- 30-040(x) Establishment Alpine Ski Area & Support M Amusement or Entertainment M S S S §4- 30-040(6) Establishment Campground (formerly Commercial S S S S M S §4- 30- 040(l) Camping Areas) Golf Course I M I M Nordic Ski Area and Support S S S S M M S Facilities Outdoor Recreational, Other S S S S S S S M M S 4 -30-040 Riding Stable or Academy (formerly Commercial S S S S M S §4-30- 040(w) Riding Stables Ea_tin Meeting & Lodizi n Bed and Breakfast I JA S S M S S IS S §4-30-&40(d) Country Inn, Guest Ranch, S S 5 S M S S §4- 30-040() and Resort Cabins Hotels, Motel or Lodge 15 4- 30-040(1) Meeting Hall or Conference Center (formerly Reception S S S M S S §4- 30- 040(0) Halls and Meeting Facilities - Restaurant and/or Bar M JA I I IS 1§4-3M40(u) Timesharing or Fractional M S §4-30- 040(x) Owners-hip Office and Clinic Uses Financial institution M S S 4- 30-040 ') Medical or Dental Clinic 1 1 IM A 44- 30- 040(n) Office M A A A M . -30-04D(p) Research Facility S I M I 44-30-040(t) Sales and Service Uscs Arts and Craft Studio, A A A §4- 30- 040(h) Prim BuildingMatcrials and Landscaping (formerly S S S A §4- 30- 040(c) Equipment Su lies and Ordinance No. -2012 Page 5 of 11 UON20 1� TABLE 4-1: Permitted Uses Intended for Rrrral Areas Rural Districts. RS RR RS RS Ll TR- TR- RS A A S 13,' - I = R _ L 2 - R R. K -- Use Category/ 1 g 6 35 35 30 - - I I ;'. Use-Specific Use Type 0 & l0 2 Regulations § 10 R 1 C Contracting or Subconu=in ) General Services S A 4 -30-040 Personal Service Outlet M A A A 4 30 -040 r Retail Sale of Goads (formerly Places for M A A §4-30- 040(v) Retailing of Goods Vehicle and-Eq ut meat Uses Automobile Parking Lot, M S S M S Commercial Automobile Service Station 5 A S I I 1§4-30-040(c) Vehicle and Aircraft Sales and Service (formerly S M Vehicle and Aircraft Related Business ) _ Other Principal Uses Cellular Telephone Facility S S 5 I Is S S S is M S i is M IS 4 -30-040 Junk Yard S S S 4- 30-040(m) Radio or TV Transmitting 'S S S S S S S M S S S S S S S S S S M §4- 30- 040(r) Station -- Solar Farms S S S S S S S M S S S S S S S S S S S S §4`30 -50(m) &§ S S 4- 30-050(h 5 Use by Federal Permit (formerly Uses, Activities & Facilities Permitted by S S S S S S 5 S M S S S S S S S S S S M S Special Use Permit Issued by Federal A en Accessory Structures with A A A A A §4- 30-050(a) Bathing Facility Agricultural Stand A A JA I A A JA JM A A JA A A A A M A 4 -30-050 Arts and Crafts Studio, A A A A A A A A A A A A A A A A A A M A Accessory Building - Mounted Cellular S S S S S 5 S S S S S S S S §4- 30 -050(c) Telephone Antennae Bats Stop A A A A A A A S A A A A A A A A A A JA Cam is Area A A A M §4-30 -050(4 Caretaker Dwelling Unit S S S S 5 S S S S S S S M S §4- 30 -050(e Club I louse or Recreational S S S S S M S S S S S S M Building Da Care Homc A A A A A M A A A A A A A A A Employee Dwelling Unit S S S S S 5 S S S 5 M S Home Occupation A A A A A A A A A A A A A A A A A_ A A A M A 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 M A §4- 30 -050( 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 §4.30 -050 Ground Mounted Solar §4-30 - Energy Collector Greater S S S S S S S S S S M S S S S S S S S S S IS M S 050(hyX5) than 12' in Height Tema Commercial Ilse 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 A A A A A A A. A A A M A A A A A A A A A A A M A Ordinance No. -2012 Page 6 of 11 0IIJLu21 TABLE 4 -1, Permitted Uses Intended for RSLfal A1Ld5 + - w.. RuralDisiriets RS RR RS RS LI TR- TR- RS A A S B 1— R- 1 2 R R K� Use Category! Use Type G 6 0 35 35 30 & 20 10 2 R r�s mz �� 5' ! „+i ffiffinik y ES" Use- Specific Regulations § 4 C .4 IS IS S IS IS S IS IS IS $ IM IS Water Crossing or Diversion S IS S IS S S 5 IS S IS M IS Wind Powered Electric S S S S S S S M S M §4 -30 -0500) Generator _ _ Micro Hydro Electric Energy is S S S S S S S S S S S S S S S S S S 5 S S S S S §4- 30 -050(k) 5 stern Snow StoragraDumping S S S S S S S S S S S S S S S S S S S S S S §4 -30 -050(1) True Ordinance No. -2012 Page 7 of 11 u �,,j22 40.11. Table 5 -1(B) as it exists shall be deleted and replaced with the following: LOTS Minimum Lot Area (sq. ft,) 15,000 5,000 30,000 15,000 15,000 NOTE 11 6,000 1 acre NOTE NOTE 2 1 Minimum Lot Area Per Principal Use or 15,000 Dwelling Unit (sq. ft,) 30,000 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 . ft. 100 175 175 175 60 75 50 Maximum Dwelling Units. PAcre 10.5 (31U X,,SpJ1vKS From Arteriai Highways Structures I 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 NIA /A From Property Lines Front Setback (ft.) (1) Lot Size :� 3 ac = 30 ft„ (2) Lot > 3 ac, and :S 10 acres = 50 ft.; 5 feet 30 NOTE 2 (3 ) Lot > 10 acres = 100 ft, Side Setback (ft.) (1) Lot < 7,500 sq. ft. = 5 ft.; (2) Lot> 7,500 & < 30,000 sq. ft. = 10 ft.; 3) Lot Size ? 30,000 & < 43,560 sq. ft. = 15 11_; (4) Lot ? 5 feet NOTE. 2 43,560 & < 3 ac. ° 20 ft.; (5 ) Lot > 3 ac, & <20 ac. = 30 ft.; (6 ) Lot > 20 ac. = 50 ft. Rear Setback (ft.) (1) Lot Size < 30,000 sq. ft. = 10 ft,; 20 feet OTE 2 (2) Lot> 30,000 sq. ft. & < 10 ac. = 30 ft.; 10 (3) Lot? 10 ac. = 50 ft. [OTE From Streams (ft.) 100 100 20 NOTE 2 NOTE 4, 12 and 13 4 4.. - Maximum Height of Principal Structure 8 28 28 2.8 28 28 NOTE 5 NOTE 2 ft.) Maximum Height of Accessory Structure 20 20 20 20 20 20 NOTE 6 NOTE 2 [Buildings aximum Height of 13xempt Agricultural Refer to Sec. NIA NIA NIA N/A TJ A N/A N/A 5- 20 -70(i Ordinance No. -2012 Page 8 of 11 L1'iJ L, U' 2 3 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 M1iP 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 may be 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 (2 1) feet to the top of ridge; twelve (12) feet to the top ofeave (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 fluor area for pre - existing duplexes). Only duplex units that existed prior to 1974 are permitted in the R-1 5A zone district, and no dwelling unit in the R -1 5A 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 1 l : 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 430- 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 eapRer unit in the RMF Zone District is 2,855 square feet. NOTE 15: See Le Chamonix PI Ili cmirin fnr Crnu/1h Mnnanp nr T­­ tr; ­A KA_ ;.,..__ rt...,_ A Ordinance No. -2012 Page 9 of 11 U U,024 EXHIBIT D The underlined subsections shall be added to Section 6- 30 -30, Table 6 -1: Summary of Exemptions: Ordinance No. -2012 Page 10 of 11 UUUU25 a Exem bon Specific Categories, If Applicable Section Reference Deed Restricted Dwelling Units Deed Restricted Category Affordable Housing Sale Units Sec. 6- 3040(a) Deed Restricted Resident Occupied Sec. 6- 30 -40(b) HQUS!!!& Units Caretaker Dwelling Units Sec. 6- 30 -40(c) Development Utilizing TDR's New Dwelling Units See. 6-30-50(a) Additional Floor Area Sec. 6 -30 -50 Preservation of Historic Sec. 6 -30 -60 Structures Large Lots 500+ Acre Parcels Sec. 6- 30 -70(a Parcels Created in the LIR Zone Sec. 6 -30 -80 Pursuant to the Cluster Option Conservation Development Sec. 6 -30 -90 PUD CD -PUD Development of Up to 5,750 sq. ft of Residential Floor Area on Any Lot or Parcel Which Was Legally Created Before June 12 1978 Sec. 6- 30- 100(a) Certain Types of Pre - Existing Lots Board Approved Subdivisions, Fully Developed Land Subdivision Sec. 6- 30- 100(b) Exemptions, and 35 Acre Parcels Created P:rior to January 10, 2000 and Located within the Crystal River or Frying Pan Areas Remodels and Replacement Remodeling See. 6- 30-110 Replacement Sec. 6 -30 -110 c & d Civic and Institutional Uses Sec. 6 -30 -120 New Lots Crated within the VR Sec. 6 -30 -130 and VC Zone Districts Barns I60 Acres or Larger See. 6-30 -140 Greater than 20 Acres but less than Sec. 6 -30 -140 160 Acres Less than 20 Acres Sec. 6 -30 -140 Commercial and Tourist Commercial Sec. 6 -30 -150 Accommodations Tourist Accommodations Developments with Insubstantial Growth Impacts 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. -2012 Page 10 of 11 UUUU25 a EXHIBIT E The following section shall be added: Section 6 -30 -170: MINOR EXPANSION OF A MULTI- FAMILY DMLLING UNIT IN THE RMF ZONE DISTRICT A GM S exemption is provided for minor expansions to a multi-family dwelling structure or individual dwelling unit in the RW zone district. The GMOS exemption for a minor expansion to a multi - family dwelling unit is limited to construction of subMde floor area. Ordinance No. -2012 Page 11 of 11 0OUJI26 /l RECEPTION #: 594477,12/0412012 at ATTACHMENT 03,25:06 PM, I OF 3, R $0.00 Doc Code ORDINANCE Janice K. Vas Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PMON COUNTY, COLORADO, REZONING TBE LE CHAMONIX MULTI- FAMILY HOUSING COMPLEX, UNITS 1 THROUGH 12, FROM AR -I0 TO RMF Ordinance No. a�Q - 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. The Planning and Zoning Commission reviewed the proposed rezoning at a regularly scheduled meeting on May 1", 2012. The Commission voted 4-0 to recommend approval to the BOCC. 4. The BOCC reviewed the proposed rezoning at l" 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 244, 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- 3040(1) and 240 - 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 21st 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 SUBAUSSION/F NAL 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. ATTEST: 1 Jones Cleric APPROVED AS TO FORM: John Ely,. Court Attorne PID#'s: 273514202002 through 012 Case #: P010 -12 Ordinance No. -2012 Page 2 of 3 000J2t BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO &'& Michael Owsley, Chairman Date: 19 y ` °gv/ sz" APPROVED AS TO CONTENT: Cino Houben, Community Development Director YAM Attachment A Ordinance No. -2012 Page 3 of 3 OOG02`1 j - -ATTACHMENT �5' RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITICIN COUNTY, COLORADO, GRANTING CONCEPTUAL SUBDIVISION 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.DgQ2012 Recitals 1. Le Chamonix Association, Inc. collectively units 1 through 12, ( "hereafter the Applicant") has applied to the Pitkita 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 1 ", 2012. The Commission voted 4 -0 to recommend approval to the BOCC. 4. The BOCC reviewed the proposal at I' Reading, Conceptual Submission and a duly noticed continued public hearing and regularly scheduled public meeting, on September 12`h, 2012. V6 Reading was heard at a regularly scheduled public meeting on October 240, 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: 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, 1 210412 01 2 at 03:25:07 PM, 1 OF 4, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO 00U,J33 Resolution No. 4f7 -2012 Page 2 of 3 3. Basement buildout space is exempt from Growth Management Competition or use of TDR7s. 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. S. 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. 5. 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. 00uJ31 Resolution No. 0 r ) -2012 Page af3 NOTICE OF PUBLIC BEARING PUBLISHED IN THE ASPEN TMES on the 21" day of June, 2012. INTRODUCED ON FIRST READING AT A CONTINUED PUBLIC HEARING on the 12" day of September, 2012. APPROVED AND ADOPTED ON SECOND READING on the 24`b day of October, 2012. PUBLISHED AFTER ADOPTION IN THE ASPEN TIlIIES on the _ day of /2012. ATTEST: APPROVED AS TO FORM: Jo IJiy, Attorney PD)#'s: 273 514202002 through 012 Case#: PO10 -12 6 00002 BOARD OF COUNTY COAMSSIONERS OF PITKIN COUNTY, COLORADO Achael Owsley, Chairman Date: /9 -1/ APPROVED AS TO CONTENT: A i q Q I t: Cin y Houben, Community Development Director Attachment A uUL,u33 ATTACHMENT 6 LE CHAMONIX FLOOR AREA WI GARAGE: 29,355 Source: Scot Broughton Architects, LLC and Davis Horn Inc. October, 2011 0UGj34 Unfinished Unfinished Crawl Space Over 5'6" Crawl Space Under 5'6" Per Code Counted in Per Code is not Counted Unit Existing Floor Area Allowable Floor Area in Allowable Floor Area 1 3174 +379 G =3553 105 470 2 1772 0 657 3 1922 0 653 4 2836 0 367 5 2492 682 0 6 1896 138 538 7 2511 471 197 8 2345 0 0 9 2544 0 0 10 2358 0 0 11 2390 0 0 12 2264 +- 461G= 2725 220 995 Common 211 0 198 TOTAL: 28,515+ 840 Garage 1,616 4,075 WI GARAGE: 29,355 Source: Scot Broughton Architects, LLC and Davis Horn Inc. October, 2011 0UGj34 ATTACHMENT 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, OOLJ35 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: 00uj36 LE CHAMONIX ASSOCIATION INCORPORATED By Rick Jones, President of the Board of Directors ACCEPTED BY: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Chairperson STATE OF COLORADO) ss. COUNTY OF PITKIN ) 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 Notary Public STATE OF COLORADO) ss. COUNTY OF PITKIN } 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 UUu637 Notary Public 1@417.VM 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. IL 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 III. Allowed Uses AIlowed uses are established by the ILMW 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' iN 0OUO3''I' 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 5 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 OUG040 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: 9.3' Unit 2: 10.4' Unit 3: 18.2' Unit 4: 18.4' Unit 5: 55.1 Unit 6: 67.4' Unit 7: 63.9' Unit 8: 56.1' Unit 9: 34.8' Unit 10: 13.3' Unit 11: 11.1' Unit 12: 11.3' Storage shed 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: 657 square feet Unit 3: 653 square feet Unit 6: 538 square feet Unit 7: 197 square feet Unit 12: 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 UOU04"1 901 p _ Bldg Section Unit 12_S .L Bldg Section- Unit 2 • 1 I � 1 _BldB_Section- Unit 1--n L-L )42 - - 'COT BROUGHTON Architects, LLC C 15f Piz ro�s'aw r:�aeor.R.u.�,eawer w.eoai�ti J cc Bldg Section- Unit li - l I Bldg Section- Unit 4-06 �,.4 yN rr _ rr j � 1 J � ✓ f \I �g $ttlg 59C#ion- UnR 10 ,�7 `I I —_ Bldg Section- Unit 5 c \ r r f � I •" I 1 L E ATTACHMENT '6 Bldg Section- Unit 9 wcw Sin- Unit 8 r Bldg Section- Unit 4 Bldg Section- U x�w,.e.a.uatrr �a.�ewnn.� O r y Site / o HAMC7N1)C CONDOMINIUMS MOM DATA St�rmL SHEET NO .m MAROON CREEK ROAD M.r�� = =^ wI AX—La {IN COUNTY + ,ter m a Bunta Trail Easement TRAIL EASEMENT ATTACHMENT 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: I. 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 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'). I. 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. 2. Trail Easement Use Restrictions. 0O-uJ 43 -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. 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 M., 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 SeMc . 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. UOU044 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 ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Witness my hand and official seal. My commission expires: Notary Public GRANTEE: OUL;045 -3 - Bunta Trail Easement Pitkin County, Colorado By: George Newman, Chair ATTEST: Jeanette Jones, Deputy County Clerk Pitkin County uOu'0416 -4- $Pmp:Nr1. < [awlf LiM dYrl.,.a 4eau.r_ �aar M.OT NOW roam L.rrf $lY<..0 s'w rY 11R,.� lN.i.. luw�fare� 9ti.,aw. ilim .e..oe — _ - wrriraw.. rr ar mwr`rar wlv.kwr. >r» XnW um o.n ie► iwm i, , iw er ,0 .... ,r.ar�ri °is+:m. m,. n.. irrm w.nan,. mm ar.�a' mm o.ana a.ar,r a,v. �� wwar ®.ca xwr w..m.s-0 rm r. wrr,. rr..a.w t�� am 4aIr B. wrnvr F�ii✓• ie,,., wa �'19.i r.ao mm' o.rs�<sa vaan..++..+aw rem �+ :,.n rrii wr�i� m ur..vr+.X... sa mra earo.rX W,r u.r rxm rrm ow Me <sa oaam..a,wrnr .rsarr.. oar .m u4W +arre war rs. r, ou T3TAT� a u.rn rrsw..<ra o�.wR�aia. aria n11i v.ev.r ss +ra aaem uw,+ ttr.r.s r....vr ✓anW u1n r..rl soffruor- i rrun X,n,a,+ as® pai9pe.. %a .X'... piss raw sv ,1.m aaad �Y,r lar X9i110 l�l.� Im Ra�q�anp YiW laa. r: lio,.il.! .m °�• lw v.�rt e,i�l'L.wt gam TdbB [away ..: f-a '� Iw.m YN0�1$1%p7 M,.aM+ WYr N.]6 4.YlK lr.e LX✓• neOB m *P�i .rX.a per" r-00 "IRS view. fao0 iIMIB - s S4R9� IKffi ag41N1aW uaa Aur =ra ram EXISTING FLOOR AREA PURSUANT TO PITCO LAND USE CODE ZQNE:AR -10 000041 Al Ipt,ruvir -IN I u _. TOTAL EXISTING FLOOR AREA PURSUANT TO PITCO CODE DEFINITION FOR FLOOR AREA CALCULATIONS TOTAL= 29,355.35 sg. ft. m Y .. 1 ILI Longitudinal Bld&Pecbon�'Z' Lipper Level FAR � S - GENERAL �.re.r.'gl vim. CQ ti T�� 'S ra.qww n,. w u� r w ,�.ui TA t��R .... f �• v �HfFf COT BROUGHTON Architects, LLC C H A M O N I X CONDOMINIUMS �. 1501 MAROON CREEK ROAD AS-12 � °' um .urn PITKINCOUNTY Ki iw ww . t14.iwn A..wi r3.'u:� 9 s.,x CCU b4.i w. -� CO Liar �aar .i..i4 .eam wm m Y .. 1 ILI Longitudinal Bld&Pecbon�'Z' Lipper Level FAR � S - GENERAL �.re.r.'gl vim. CQ ti T�� 'S ra.qww n,. w u� r w ,�.ui TA t��R .... f �• v �HfFf COT BROUGHTON Architects, LLC C H A M O N I X CONDOMINIUMS �. 1501 MAROON CREEK ROAD AS-12 � °' um .urn PITKINCOUNTY Ki iw ww . t14.iwn A..wi r3.'u:� 9 s.,x CCU b4.i w. -� CO Liar ATTACHMENT I LE CHAMONIX ASSOCIATION INC. c/o 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 01G048 ATTACHMENT lZ- LE CHAMONIX ASSOCIATION INC. c/o Rick JONES 323 WEST MAIN STREET SUITE 301 ASPEN, COLORADO 81611 (970) 9253994 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. i Ly By: Rick Jones, Board of iie OOGJ49 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY ") and LL C l�u„� vim, ,k A-11 L (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for T=, �.,.. -� 1 P p (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 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 tQ a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ Y H9 2 which is based on'- I 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 Ltf C kc-r, or, \ X A,, S -;r c Cindy Houben Community Development Director 001050 ( "APPLICANT ") ey: Print Name and Title (if applicable) Date: C 1-2- 11 _Z> Mailing Address: 3 2 lnr` CIL c r. S 3 I easy Peel* Labels Ise Avery`s Template 5160' )KEITH fR LINDSAY A 115 BOOMERANG RD #5406 )ASPEN, CO 81611 TAYLOR JOSEPH W & NORA S 0115 BOOMERANG RD #5108 i ASPEN, CO 81611 TWOHIG PAUL & CAROL ANN PO BOX 2830 ASPEN, CO 81612 7ANADVOROV ALEXANDER 15528 FOSTER ST OVERLAND PARK, KS 66223 U UUU'051 Etiquettes fatties a pelor AL tsena aiong tine to Feed Paper �� expose Pop -up Edge'"' F 1 j 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 Lai AVtItY "' !)lbU- 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 �,i �fl1Ji..i 4•�i�.. i�� �� _ _ Pro whin ChAmnN 300 " AL Repitr-t a la h:irhum alrn dr ,Nv vvv .Jvr'ry coo I unrl r (I A%II [P V TS. Peell@ Labels e Avery'b Template 5160' > EXHIRITIONsLANE LLC 1185 PARK AVE #11 K )JEW YORK, NY 10128 >SPEN HIGHLANDS CONDO ASSOC INC 0075 PROSPECTOR RD ISPEN, CO 81611 ASPEN SKIING COMPANY LLC DRAWER G-2 �SNOWMASS VILLAGE, CO 81615 )BURROWS HUGH & SARA 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 3 MEYERSTEIN TRUST 0115 BOOMERANG RD #5103 ASPEN, CO 81611 PELLEGRINI VINCENT O REV TRUST 601 LAKELAND RD SOUTH SEVERNA PARK, MD 21146 i PISANI MARK & JILL 31 EXHIBITION LN ASPEN, CO 81611 ttiquettes faciles a peler a upno crony imu w Fred Paper expose Pop -up Edge'" j ANDERSON JON & LORI 43 EXHIBITION LN ASPEN, CO 81611 ASPEN HIGHLANDS VILLAGE AFF HOUSING CIO 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 1J � 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 CIO 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 LISMAN ADRIANA LOT 5 PYRAMID POINT ESTATES LLC 0115 BOOMERANG RD - #5308 PO BOX 7699 ASPEN, CO 81611 ASPEN, CO 81612 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 4302 ASPEN, CO 81611 A R{•p1wz a la hachure Ain do ; 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 1 ST AVE #502 DENVER, CO 80206 PURCELL ERICA 0115 BOOMERANG RD 45403 ASPEN. CO 81611 nrvvvv ,jvory fam 1 Anfr (,0 A II RY ATTACHMENT q LE CHAMONIX ASSOCIATION, INC. C.O RICK JONES 323 West Main Street, Suite 301 Aspen, CO. 81611 (974) 925 -3994 December 15, 2011 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. Sincerely, LE CHAMONIX ASSOCIATION, INC. 1 � By: Rick .Tones, Presi #, Board of Directors 3 UJ;�53 M ATTACHMENT __ 15 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter " COUNTY ") and Ov=nIx j,v4aG izn ,-L. (hereinafter "APPLICANT") AGREE AS FOLLOWS: I . APPLICANT has submitted to COUNTY an application for _oi "FIND (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 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 5 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 & -AjwG yip The - ( "APPLICANT- Cindy Houben Community Development Director 0UuJ54 91Z 5.34W f CRAfWC SCALE 1r -a s arwl olra r lisle. 1a . Ir u .va ew xo ". Iou.1 +m m.n a fO1lP M h 31f .+� t�1 NrMr w w Nhm N f111" w..4 L Ma N..1(n xnO.IN tan. M. 11V I m t R! s Nnl lYC 4 ht tit F• .� itl F call K +eau 1d1»i .11a ne fm ®w aow ha of r+K. V 111 Y I+wfL L �..�L'! 11. w�r� leninm M omr a h m1[ elrlOia, KMM1w. ll6T OIIY. A IAIt Wi cur hrr{ei YK uaf ntllEaii Mhx +IeT ilmi IQIRFY F 1111 CLW.'/ w.lmwe 11a L O.IaRa.1v1 aA�a a.. Y ®W MTIt# ax9¢nc falTCat mhnr as xm mfr° rL .n wtrmwi+1 B .�wE74 u°m'rinw� .. «..x+1.1®. um r. mnla c.11o. onosn Io-e Ll v.a+" w.wc Tf f r fbp ✓IImq rev f// f� r�� 0.p\\ Y LL CH A►MONIX CONDOMINIUMS PLANNED UNIT DEVELOPMENT COUNTY OF PITHIN, STATE OF COLORADO IgNmimm ®OARO OF COUNTY COMMISSIONERS APPR V ACCEYTANCh - e11� IIIi 4iWlrwYr � FYIIi11.T m 1H¢uTieie wA VICINITY MAP .e Ivliww ra�"'n..a+ir .mo_'�+ena nw+°gia w � oa.rrn + ac nx w yam. Ilan .r+aawsr ucw.rn u rr.„vrs • WEe u ua aLG1m. a1( IIUT+111ia1Maa P M a9"1".M OuMU u I.rs r sn a K 111 .... Brno- ca.nr, mt.ba "'Ow�erlpu .�e'e+'ruer ® ®x rwas �. 4i �.uwm r.ca' m"a+ircROi Vrtu wa v i� gym. � uw m ns m'ao u[ ae war ume aa�a r .mws niYO" uMU �.�m..uw� u.� Y°�om..'m"•w1°.r.�s �a -.man u"�`iuu �+. "ww m1x w aawan vo n 1+"w nha mr�rc� u.nm ar � Mr r Ilax nhR d aenl.aas I� o"rir d f ++V[ atl1[atitl allQl .ah .+ Y 1f SURVEYOR'S LEMIRIC -ATE [pMM.a.{ W4'� n L{k. e• ceKlll eC ah ni [ �uea fK "h111m lda ytK istl s rm "calw.r o+wm.4 c i /iSJfa CyO�OC ANO IIYCSii 8T7fICaf.QIVIGITR 3 e V Z k� 0.1 © -g U a z 11� f W =a fpo Z 0 0 $ I� O G, �W Z UgyL rwclacrrq a97t7a1Lao I cwI r • VICINITY MAP .e Ivliww ra�"'n..a+ir .mo_'�+ena nw+°gia w � oa.rrn + ac nx w yam. Ilan .r+aawsr ucw.rn u rr.„vrs • WEe u ua aLG1m. a1( IIUT+111ia1Maa P M a9"1".M OuMU u I.rs r sn a K 111 .... Brno- ca.nr, mt.ba "'Ow�erlpu .�e'e+'ruer ® ®x rwas �. 4i �.uwm r.ca' m"a+ircROi Vrtu wa v i� gym. � uw m ns m'ao u[ ae war ume aa�a r .mws niYO" uMU �.�m..uw� u.� Y°�om..'m"•w1°.r.�s �a -.man u"�`iuu �+. "ww m1x w aawan vo n 1+"w nha mr�rc� u.nm ar � Mr r Ilax nhR d aenl.aas I� o"rir d f ++V[ atl1[atitl allQl .ah .+ Y 1f SURVEYOR'S LEMIRIC -ATE [pMM.a.{ W4'� n L{k. e• ceKlll eC ah ni [ �uea fK "h111m lda ytK istl s rm "calw.r o+wm.4 c i /iSJfa CyO�OC ANO IIYCSii 8T7fICaf.QIVIGITR 3 e V Z k� 0.1 © -g U a z 11� f W =a fpo Z 0 0 $ I� O G, �W Z UgyL rwclacrrq a97t7a1Lao I cwI GRfJ lc SCAEZ �a.mY t $1 / J NOTli wcew a • aar au .r a:...r Wars Wb11, wwm! e�Blut b vow rma ael� al.e' s una .ae rRUe mrarn EIFrp.,F Tara] oats rulef LE CHAMONIX rCONDOMINIUMS PLANNED UNIT DEVELOPMTN'T COUNTY OF PITH IN, STATE OF COLORADO ~74'y'YJ Srwa7 � J 000V SC Am OS.coLwry C Na" mim m�rew,.iei w r.w mgr: wowtw n�r,�..r rm .m,°em •""° V1c[NPTY M" � - 2.w �� mm� futnxarrM�nRY w es o +++�i n.n v� �.at m roaour.r e� ra ran. a ilucf b� ,.r. M x K 451leNHT 'u1/Iq r LK IYAIBI o6Mlf V m++"�'m"'n�� "eer m'aYe�t •�uwmum. n.o .wb ne. msrnn .� m.w m r nar, .s.ar. >am rua rs a.nrrve itaar waa aea .ar.T .wm 1ct. �ous w .+.rw um rm=p +vr. r+s r uo� +woe nsnve m. um. .an m memaaimraao errrure a �esti .w[ 4. ua �rri, iomi w o[w.n'ui ..�. � a[ ea oweuoenw,au i ,iii ■ m�*enXESmr... mmn,e�°..n �aimn'iem�m.° ±.a�in.eewei°"�' rrtc rm me r m.aum wb1n nac SURVEYOR'S cERTMICATE rowrarea n wmw ,.wo ra,K,R w rK n.rt v vAU.co. m `avnrri m�.v. nut i x,oa r.�aw M v ou.ibti easerww n..wm w.r •n.,5rvaaLrwuR'H. � R'ill tit m M'�C s[Yai¢t x�m�x�1�t f+wM �. w,rr v +.ue arr s.o a .no rr.n reroua r.oe� .r. au�rnaw. �.a CLEIOeANb q[OORBlI!•SClMIIMAT[ ma .s. rvr rme ata,aen v rnar Irv. onwW ar5mi 4el r u�caraeav h �J+�— a a 9 Si= a� a 1pF1 .T W �'w�6,/��- V1c[NPTY M" � - 2.w �� mm� futnxarrM�nRY w es o +++�i n.n v� �.at m roaour.r e� ra ran. a ilucf b� ,.r. M x K 451leNHT 'u1/Iq r LK IYAIBI o6Mlf V m++"�'m"'n�� "eer m'aYe�t •�uwmum. n.o .wb ne. msrnn .� m.w m r nar, .s.ar. >am rua rs a.nrrve itaar waa aea .ar.T .wm 1ct. �ous w .+.rw um rm=p +vr. r+s r uo� +woe nsnve m. um. .an m memaaimraao errrure a �esti .w[ 4. ua �rri, iomi w o[w.n'ui ..�. � a[ ea oweuoenw,au i ,iii ■ m�*enXESmr... mmn,e�°..n �aimn'iem�m.° ±.a�in.eewei°"�' rrtc rm me r m.aum wb1n nac SURVEYOR'S cERTMICATE rowrarea n wmw ,.wo ra,K,R w rK n.rt v vAU.co. m `avnrri m�.v. nut i x,oa r.�aw M v ou.ibti easerww n..wm w.r •n.,5rvaaLrwuR'H. � R'ill tit m M'�C s[Yai¢t x�m�x�1�t f+wM �. w,rr v +.ue arr s.o a .no rr.n reroua r.oe� .r. au�rnaw. �.a CLEIOeANb q[OORBlI!•SClMIIMAT[ ma .s. rvr rme ata,aen v rnar Irv. onwW ar5mi 4el r u�caraeav h �J+�— a a 9 Si= a� a 1pF1 MISCELLANEOUS DOCUMENTS