HomeMy WebLinkAboutcoa.lu.rz.Maroon Creek Club.A55-96A55-96
Maroon Creek Club Rezoning
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CASELCJY SUMMARY SHEET - CITY OF AWN
DATE RECEIVED: 8/2/96 CASE # A55-96
DATE COMPLETE: STAFF: Mary Lackner
PARCEL ID #
PROJECT NAME: Maroon Creek Club Rezoning
Project Address:
APPLICANT:
Address/Phone:
REPRESENTATIVE:
Address/Phone:
FEES: PLANNING
$26!5
ENGINEER
$0
HOUSING
$0
ENV HEALTH
$0
TOTAL
$
AMT. RECEIVED $ 6.1
REFERRALS:
❑ City Attorney
❑ City Engineer
❑ Zoning
❑ Housing
❑ Environmental Health
❑ Parks
DATE REFERRED:
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
INITIALS:
APPROVAL: Ordinance/Resolution #
Staff Approval
Plat Recorded:
# APPS RECEIVED
# PLATS RECEIVED
GIS DISK RECEIVED: No
TYPE OF APPLICATION:
Two Step
CLOSED/FILED DATE: INITIALS:
ROUTE TO:
❑ CDOT
❑ ACSD
❑ Holy Cross Electric
❑ Rocky Mtn Natural Gas
❑ Aspen School District
❑ Other:
DATE DUE:
Date:
Date:
Book
Page
I ITI 11111111111111111111111111111111111111t�f 111111
403224 04/08/1997 04:02P ORDINANCE
1 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
ORDINANCE NO.40
(SERIES OF 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A
REZONING FOR THE MAROON CREEK SUBDIVISION IN
CONJUNCTION WITH ANNEXATION INTO THE CITY OF ASPEN
WHEREAS, pursuant to Section 26.92.020 of the Aspen Municipal Code
the applicant, the City of Aspen, has submitted a request for a map amendment
to rezone the Maroon Creek Club subdivision, two Pfister parcels, and the water
tank parcel in conjunction with annexation into the City of Aspen; and
WHEREAS, through the development approvals of the Maroon Creek
Club subdivision the developer agreed to annex into the City of Aspen;
WHEREAS, it is the obligation of the City of Aspen, under the Water
Service Agreement, to not divest or diminish the land use approvals or
development rights awarded by Pitkin County for the project in their entirety
and has therefore maintained all existing County approvals, findings, written
interpretations and amendments for the subdivision granted prior to the
annexation agreement; and
WHEREAS to further clarify the approvals and the intent of the Water
Service Agreement and the Annexation Agreement, Exhibit A defines the
following definitions of the Pitkin County Land Use Code that shall be utilized
for purposes of determining height, bulk, and setbacks within the PUD:
Accessory Structures
Basement
Building Height
Floor Area (FAR)
Setback
Structure
Yard
Yard, front, side and rear
WHEREAS, a duly noticed public hearing was held by the Aspen
Planning and Zoning Commission on October 99,1996 to consider the
application for a map amendment and forwarded a unahh-nous recommendation
of approval to the Aspen City Council; and
WHEREAS, the Aspen City Council having considered the Commission's
recommendation for a snap amendment at a public hearing on November 25,
1111%1111111111 Ills Ilflll! 1111111111111 fill Illlf
403224 04/08/1997 04:02P ORDINANCE
2 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERIC
1996, and finds that the proposed rezoning of the Maroon Creek Club
subdivision is consistent with the requirements of the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant rezoning of the Maroon Creek Club Subdivision, the
Pfister outparcel, the former ARU Facility outparcel, and the water tank parcel as
follows:
Former ARU Facility Outparcel RR
Pfister Outparcel RR
Water Tank Parcel C
PUD Overlay on all lettered and numbered parcels
Lot # Proposed City Zoning
1-5
RR
6 -12
R-15A
13
AH
14
C
15
C
16
RR
17
RMF-A
18
RMF-A
19 - 40
R-15A
41- 45
RR
46 - 48
R-15A
49
C
50
RMF-A
51
P/SPA
52
AH
A-C
P
E-G
OS
H-K
WP
L-N
OS
P-S
WP
T-U
OS
Section 2:
The Official Zone District Map for the City of Aspen, Colorado, shall be and is
hereby amended to reflect those rezoning actions as set forth in Section 1 above
and such amendments shall be promptly entered on the Official Map in
accordance with Section 26.28.30.B of the Municipal Code.
•
11111101 IIIIII 11111111111
403224 04/08/1997 04:02P
3 of 4 R 21.00 D 0.00 N
Section 3•
1111111111111
ORDINANCE
0.00 PITKIN
COUNTY CLERK
That the City Clerk be and hereby is directed, upon the adoption of this
ordinance, to record a copy of this ordinance in the office of the Pitkin County
Clerk and Recorder.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5•
This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
orduzances repealed or amended as herein provided, and the same shall be
conducted and concluded under such prior ordinances.
Section 6:
A public hearing on the Ordinance shall be held on the day of November 25,
1996 at 5:00pm in the City Council Chambers, Aspen City Hall, fifteen (15) days
prior to which hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provi ed by law, by
the City Council of the City of Aspen on the oV day of 1996.
ATTEST:.'}"
och City Clerk
�7
John ennett, Mayor
FINALLY, adopted, passed and approved this _day of
1996.
•
1 1111111111111 In 11111111111111111111
403224 04/08/1997 04:02P ORDINANCE
4 of 4 R 21.00 D 0.00 N 0.00 PITKIN
OF 4s
cil 'Ifle och, City Clerk
COUNTY CLERK
t�
john hennett, Mayor
11
+3632�H _1i :i:�, 9 i,,:j- i., }•:,�c_ .�34,_;_,_,r E.1:._730 PSG 797
i1.ia. Pi ty C1er'r.:.
WATER SERVICE AGREEMENT
THIS WATER SERVICE AGREEMENT ("Agreement") is entered into
this 24p day of 1993, in Aspen,
Colorado, between th City of Aspen, Colorado, a municipal
corporation and home rule city (hereafter "City"), and Pearce
Equities Group II Limited Liability Company, a Utah limited
liability company -(hereafter "PEG II"), and Arthur o. Pfister,
Elizabeth H. Pfister and the SEP Residence Trust and the CDP
Residence Trust, Colorado Trusts (together hereafter "Pfister")
and the Aspen Skiing Company (hereafter "Company").
W I T N E S S E T H
WHEREAS, PEG II owns, leases or holds an option to own or
lease certain real property comprising approximately 369 acres
situated in Pitkin County (and more specifically described on
Addendum "A" attached hereto and fully incorporated herein) upon
which it seeks to construct a residential development and golf
course project generally consisting of forty-three (43) single-
family free-market homes, thirty-seven (37) free-market town -
homes, forty (40) affordable residential housing units (39 multi-
family rental units and 1 single-family sale unit), and expand
the existing Maroon Creek Club, f/k/a the Grand Champions Club,
including the construction of an 18-hole championship golf course
with supporting facilities (the "Project Property"); and
WHEREAS, PEG II holds an option to purchase a certain
portion of the Project Property from Arthur O. and Elizabeth H.
Pfister, more particularly described in Addendum "B" attached
hereto and fully incorporated herein (the "Pfister Property I"),
which will be conveyed to PEG II should PEG II exercise its
option to purchase same; and
WHEREAS, PEG II and Pfister seek to obtain municipal water
services from the City for the development of the Project Proper-
ty, inclusive of the Pfister Property I; and
WHEREAS, Pfister also owns other property in the vicinity of
the Project Property as more particularly described in Addendum
"C" attached hereto and fully incorporated herein for which
potable water service is desired from the City (the "Pfister
Property II"); and
WHEREAS, the Company will own Lot 49 within the Project
Property for which potable water service is desired from City
(the "Company Property"); and
08: 42 Rec 3qi. ti , : 'i �r: 730 c'l_ 79B
i'✓1ci. �}�':'i5. pit�::irl Lflt';/ 11vr Uor
WHEREAS, the Project, the Company Property, and the Pfister
Properties I and II ("Pfister's Properties") are situated outside
the corporate limits of the City; and
WHEREAS, detailed subdivision approval for the Project
cfister
Property development (known as Maroon Creek Ranch, f/k/aard of County
Ranch/Golf) has been granted, as amended, by
the Commissioners for Pitkin County, a copy of which is attached and
incorporated herein as Addendum "D" (the "Project"); and
WHEREAS, water service for Pfister's Properties, the Company
Property, the Project, and the Project Property will require or
has previously required the installation of certain water mains
and related facilities as otherwise described in the Agreement;
and
WHEREAS, the Municipal Code of the City of Aspen, Colorado
(hereinafter "Code") requires that the extension of water service
outside of the boundaries of the City shall be made pursuant to a
written agreement with the City, that the City shall not be
obligated to extend such service and may provide such service
only upon a determination that it is in the best interests of the
City, and that the City may impose such requirements by agreement
as the City determines are necessary to protect the best inter-
ests of the City; and
WHEREAS, the City has determined that this Agreement and all
covenants herein are necessary to comply with the Code and the
water policies of the City of Aspen and the City is not entering
this Agreement as a public utility nor holding itself out to the
public in general as capable of or intending to provide water
service extraterritorially; and
WHEREAS, the Code provides for the rating of new or expanded
water service based on potential water demand as expressed in
equivalent capacity units (hereafter "ECU"); and
WHEREAS, the City desires to encourage the use of raw water
supplies for the purpose of lawn and other outside irrigation so
as to reduce the dependence on treated water for this purpose and
to minimize the costs of providing treated water service to the
Project and the Project Property and Pfister's Properties; and.
WHEREAS, the City, PEG II and Pfister wish to enter into
this water service agreement which shall supersede the defunct
water service agreements dated July 9, 1990 entered into between
the City, the Maroon Creek Development Corporation ("MCDC") and
Pfister, as well as other agreements between and among the
parties as more particularly described in paragraph 1 below; and
2
NOV-0I—SG 05:53 FROM: DESIGN WORKSHOP INC ID:
•
11e9ign Workshu), Inc.
Landscape Architroure
Land 1114oning
Urban 1)esiKn
Tourisa► Nanning
October 3 t , 1996
PAGE I
IPA-0 X581
D
Ms. Mary Lackner
Aspen/ Pitkin Community Development
12(1 i- Nbin
130 S. Galena Street
4.,E„.,,. C; ,I,,,;,,i„
Aspen, Co. 81611
81611
Re: Maroon Creek Club PUD
1;.14I1Iu"le
Amendments to Zoning Ordinance
har,inide
Mary:
Pursuantto our discussion at the first reading for approval of the referenced Ordinance,
I understand that Andy Hecht of Garfield and Hecht, attorney for the maroon Creek
Alklylel(plo.
Club LLC, requested the following language change to the third paragraph be made
D,.,,,.,.,.
prior to the second, and final, reading of the Ordinance before the City Council;
til At .lI 1141-
1' vwlii`
WHEREAS, of the City of Aspen, under the Water Service
gall"a 14.
Agreement, to not divest or diminish the land use approvals or development rights
\;,,, P;,,,i„
awarded by Pitkin County for the project in their entirety and has therefore maintained
all existing County approvals, findings, written interpretations and amendments for the
V.iit
subdivision granted prior to the annexation agreement; and..
Please verify with the City Attorney's office and incorporate prior to the second
reading. Feel free to call me if you have any questions.
Respectfully,
13 W
Bruce Hazzard, Principal
Planning Coordinator
DESIGNWORKSHOP
730 _ 799
�i1 :i�'- -• F•.rlk_n Cns_-v C1erk r
WHEREAS, this water service agreement (the "Agreement") is
designed and intended to comply with the water service extension
policies as adop�ed'by the City through the passage of Resolution
No. 5 (Series o,f' 1993), as amended June 28, 1993 pursuant to
Resolution No. 49 (Series of 1993).
NOW, THEREFORE, in consideration of the premises, mutual
promises, and covenants contained herein, the parties agree as
follows:
PURPOSE OF AGREEMENT
1. Replacement of Prior Agreements. This Agreement super-
sedes: (1) the defunct water service and raw water agreements
dated July 9, 1990, among the City, MCDC, and Pfister; (2) and
paragraphs 9, 12, 13, 14 and 15'of the Amended Agreement between
Arthur O. Pfister and Elizabeth H. Pfister and the City of Aspen,
recorded with the Pitkin County Recorder on February 3, 1984, at
Book 460, page 373-83 (Reception No. 257066) e
ed
Agreement,,); (3) and the entire Agreement between Arthur O.
Pfister and Elizabeth H. Pfister and the City of Aspen dated
August 8, 1982, and recorded with the Pitkin County Recorder at
Book 431, pages 617-626; (4) and that certain Water Main Exten-
sion and Service Agreement dated September 30, 1985, between the
City and Owl Creek Development Corporation, a predecessor in
interest to PEG II, to the extent the provisions of such agree-
ment have not been fully performed or are inconsistent or con-
flict with the terms of this Agreement. Notwithstanding the
above, nothing herein shall be construed to vacate any easements
as provided City under the terms of the agreements as identified
in this paragraph, except as specifically provided for in this
Agreement.
2. Water Service to Project and Project Pro ert . The
City hereby agrees with PEG II to provide potable water service
to the Project and the Project Property, inclusive of Pfister
Property I, under the terms of this Agreement in such quantities
and to the extent herein provided so as to serve the structures
and uses as authorized by Pitkin County under the approvals as
granted in PEG II's detailed final plat submission for the
Project (see Addendum "D"). Subject to the terms of paragraph 17
below, the City shall provide potable water service to the
Project and the Project Property not to exceed 550.ECUs ("equiva-
lent capacity units") under this Agreement; provided, however,
that the maximum volume of treated water the City shall be
required to provide to the Project and the Project Property under
this paragraph shall not exceed 185 acre-feet/year. Subject to
the terms of paragraph 17 below, the structures and uses as ap-
proved for the Project and Project Property may be served without
2 Re r S+730 = 80O
S F'i _L::in Cn Ly CI er I< Doc
any ECU limitation per unit or use so long as the total of 550
ECUs as specified herein is not exceeded. The parties agree that
of the 550 ECUs herein provided, 'Che Maroon Creek Club (f/k/a the
Grand Champions Club) presently utilizes 15 ECUs. PEG II hereby
waives any tap fee credits tAt may be available to it under the
Code with respect to existing structures on the Project Property
that are to be demolished.
3. Water Service to Pfister Property II. The City hereby
agrees with Pfister to provide potable water service to the
Pfister Property II under the terms of this Agreement to serve up
to a total of five (5) single family homes of up to 15,000 square
feet each and five (5) employee units to be located at the West
Buttermilk site, and two.(2) single family homes of up to 15,000
square feet and two (2) employee units to be located at the
Tiehack (also known as the "out parcel") site, with a total ECU
I limit of 57; provided, however, that the total volume of treated
water provided to the Pfister Property II shall not exceed 12
acre-feet/year. Pfister may allocate the 57 ECUs among the 14
residential units as described above at his discretion. However,
the parties agree that of said 57 ECUs, 8 are presently allocated
to existing structures on the Tiehack parcel. If such existing
structures are demolished, new structures built on the Tiehack
parcel will be assessed tap fees based on those fees in effect at
1!' the time of construction, less the 1983 tap fee attributable to
the original 8 ECUs. Should the new structures require or
utilize more than 8 ECUs, the ECUs in excess of 8 will be deduct-
ed from the remaining 49 ECUs herein provided to Pfister.
The provision of water service to the Pfister Property II is
contingent upon Pfister having obtained all land use/development
approvals from Pitkin County or such other governmental entity
with jurisdiction over said property.
4. Limitation of Time to Provide Service. The City's
obligations to provide water service to the improvements located
within the Project, the Project Property, the Company Property,
and Pfister's Properties pursuant to the terms of this Agreement
shall terminate if PEG II has not completed construction of the
water transmission and distribution mains, internal distribution
lines, and related facilities to serve the Project by December
31, 1997, unless completion of construction is delayed by force
majeure as defined in paragraph 37 below, in which case the
deadline shall be extended beyond December 31, 1997, by the same
number of days as the force majeure delay that prevented comple-
tion of construction.
i
�_.`.s: -.c 34+?.0C E?. 730 FrG 801
n 7-ntv Clerk Doc 5•�"-
CONSTRUCTION BY PEG II
5. Mains Lines and Facilities. PEG II and/or Pfister
will design and construct the water transmission and distribution
mains, associated facilities and internal distribution lines for
the Project, the Company Property, and Pfister's Properties, in
accordance with and subject to the city's design, material and
construction specifications and approval, and at PEG II's and/or
Pfister's own expense; provided, however, that to the extent the
City desires any mains or facilities with capacities larger than
necessary to meet the needs of the Project or Pfister's Proper-
ties, the City will be responsible for the incremental cost of
such enlarged or additional mains or facilities. "Incremental
costs" shall be defined as the difference between the total cost
of a particular facility designed and constructed solely to meet
the needs of the Project and/or Pfister and the total cost of
such facility as enlarged at the city's request.
6. Preconstruction Exhibits. The following exhibits
concerning the Project have been prepared by PEG II and/or
Pfister and have been reviewed and relied on by the City in
entering into this Agreement.
Exhibit A. A description of the water mains and relat-
ed facilities required for the Project;
Exhibit B. A map (schematic) of the water mains and
related facilities required for the Project;
Exhibit C. Schedule for completion of the Project
water mains and associated facilities to be constructed
pursuant to this Agreement as approved by the City;
'The parties acknowledge that PEG II and Pfister have not at
the time of the execution of this Agreement prepared and submit-
ted to City detailed design drawings for the Project water
transmission and distribution mains, internal distribution lines,
storage tanks and/or other related facilities. Additionally,
meaningful cost estimates for the construction of the water
system have not yet been calculated. City retains the right and
discretion to have submitted to it for review all design drawings
and cost estimates for all water lines and facilities prior to
the construction of the water system. Furthermore, and as
provided in paragraph 5 of this Agreement, all design, materials
and construction specifications for all water lines and water
system facilities must be approved by the City prior to construc-
tion and/or installation.
—^� 1 1 _ — _ • 4: is--r 4i?. _;c:i EV::. 730 F'G S02
y Do .
Exhibit D. Estimated gross water requirement (gpd) and
water flow requirement for the Project for in -building
use at full development, and estimated potable fwater
irrigation requirements, including number of acres (not
including the golf course) to be•irrigated with potable
water;
Exhibit E. Fireflow provisions, including location,
size and description of fireflow storage to serve the
Project and the Project Property;
Exhibit F. Any other circumstances affecting the cost
or type of construction required for the water mains
and associated facilities to be constructed pursuant to
this Agreement; and
Exhibit G. ECU computation assumptions.
(These exhibits will not be recorded with the Agreement
due to their length and bulk.)
7. Bond Reauirements. Prior to the commencement of
construction, PEG II and/or Pfister shall provide payment and
performance bonds (or other financial assurances acceptable to
the City) to the City in a form approved by the City in the
amount of one hundred percent (100%) of the water service system
construction costs (less those incremental costs for enlarged or
additional facilities to be borne by the City) which bonds shall
insure the completion of the construction and hold the City
harmless for payment to the contractor or any subcontractors,
materialmen, or others involved in the construction of the water
transmission and distribution mains, lines and associated facili-
ties, or for the provision of materials therefor. This require-
ment may be satisfied by naming the City -as an additional or co-
insured with Pitkin County on such performance and payment bonds
as furnished by PEG II and or Pfister to Pitkin County as a
condition of approval for the recordation of the final plat for
the Project. PEG II and/or Pfister shall also furnish to the
City, in a form approved by the City, a maintenance bond equal to
100% of the construction costs of the water transmission and
distribution mains, lines and associated facilities, less those
incremental costs for enlarged or additional facilities to be
borne by the City, ensuring the proper condition and operation of
such facilities for a period of two years from the date of
completion and acceptance of the system by the City.
S. Construction. Upon completion of the prerequisites
.described.in paragraphs 6 and 7 above, PEG II shall proceed with
due diligence to construct the water transmission and distribu-
6
4 F;a__:;:a._; ,,_, lii:. 730 = 803
.'l it t=.. �. %':tF:lt� �71}'`: LlP• r:. 110Co- I_ii_i
tion mains, lines and associated facilities in accordance with
the plans and specifications and the construction schedule.
9. Fees. PEG II and/or Pfister shall be responsible to
timely pay all fees imposed by the City in connection with
reviewing and approving this Agreement, the design drawings and
construction plans, as well as construction inspection and review
fees, which fees shall be charged to PEG II on the same basis as
they are charged to other parties similarly situated to PEG II.
PEG II and/or Pfister shall also be responsible for acquiring and
paying for a,ll permits and permit fees from entities other than
the City, such as Pitkin County and/or other regulatory agencies,
necessary for construction of the water transmission and distri-
bution mains, lines, and associated facilities.
lo. Inspection of Construction. Construction must be in-
spected by the City's engineers or other designated personnel
prior to burial or final installation. PEG II and/or Pfister
shall give the City reasonable advance notice when the mains,
lines and/or associated facilities are ready for burial or
installation, and the City's engineer or agent shall inspect said
mains, lines and/or associated facilities within 24 hours of said
notice.
11. Testing - Conveyance. Upon completion of construction
and before any water is delivered pursuant to this Agreement, all
distribution and transmission mains and all associated water
lines and facilities shall be tested and, upon approval by the
City, conveyed (excluding individual service lines) with all
necessary non-exclusive easements to the City, free and clear of
all liens and encumbrances, excepting liens/encumbrances securing
financing for the Project, by deed in a form acceptable to the
City Attorney. Performance and payment bonds provided by PEG II
and/or Pfister pursuant to paragraph 7 above shall be reduced for
that construction successfully completed and accepted by the City
in the same proportion to that fraction the numerator of which is
the cost of the construction successfully completed and accepted
by the City which is not attributable to enlarged or additional
facilities requested and paid for by the City, and the denomina-
tor of which is 10o% of the water service system construction
costs (less those incremental costs for enlarged or additional
facilities to be borne by the City). The maintenance bond(s)
required by paragraph 7 above must be in place reflecting actual
construction costs prior to the City's acceptance of any line or
facility.
12. Relocation of Lines and Mains. The City agrees that
PEG II, the Company and/or Pfister shall be entitled to relocate
the water mains and appurtenant facilities crossing the Project
7
730 804
i
Property, the Company Property, or Pfister's Properties, respec-
tively, at their sole expense; provided that the City shall
approve all relocations in advance in writing in order to assure
that the relocated water mains, lines and/or appurtenant facili-
ties will operate properly as part of the City's water system;
and further provided that the design, materials and construction
of such relocated facilities shall be approved by the City prior
to commencement of construction. City shall not unreasonably
withhold said approvals. If any main lines, distribution lines
or appurtenant facilities are relocated, the City will convey
back to Pfister, the Company and/or PEG II the easements granted
pursuant to this Agreement and Pfister and/or PEG II will convey
to the City new non-exclusive as -built easements meeting the
requirements set forth in paragraph 13 below for the relocated
water mains and appurtenant facilities, subject to the same terms
and conditions set forth in that paragraph.
13. Easements. PEG II, the Company and/or Pfister shall
obtain at their own cost and convey in perpetuity to the City as -
built non -exclusive -easements for water mains, lines, tanks and
other water facilities situated upon or crossing the Project
Property, the Company Property, or Pfister's Properties, along
with all necessary access easements for maintenance and repair
purposes ("easements"). The water main and water line easements
must be large enough to provide the City with at -least 10 feet on
either side of water mains artd lines and must specify that (1)
sewer lines must be located at least ten feet from any water main
or line, and (2) other utilities must be located at least five
feet away from any water main or line. Access easements and
easements for tanks and other facilities shall be of a size
determined by the City to be reasonably necessary for the opera-
tion, maintenance, and repair of the tank or other facility to be
located on such easement. Each party shall be solely responsible
for any injuries or damages, including costs and attorney's fees,
to persons or property arising from its own negligent acts or om-
issions occurring on or resulting from its use or occupation of
any easement premises. Nothing contained herein, however, shall
mean or result in any waiver or diminishment of any defense or
limitation.available to City under the Colorado Governmental
Immunity Act or other applicable law.
C
The City shall reconvey to Pfister and/or PEG II all
easements received by the City from Pfister and/or PEG II pursu-
ant to the defunct water service agreement of July 9, 1990, as
are no longer necessary to or utilized in the construction and
installation of the water delivery system as described herein.
9
•
Dav,. ,. Fi _,, it i n Fi r Doc
r _
MAINTENANCE AND REPAIRS OF LINES
14. Maintenance and Repair of Water Lines. To the extent
reasonably possible, the future maintenance and use of the
easements as provided for and described in this Agreement by the
City shall not interfere with any lawful use of Pfister's Proper-
ties, the Project, or the Project Property. The City acknow-
ledges that PEG II plans to build a championship golf course on a
portion of the Project and the Project Property and that land-
scaping is an important element to the operation of the golf
course. The City, therefore, shall use its best efforts to
maintain and/or restore the original contours of any disturbed
golf course areas within 30 days of any installation, construc-
tion or repair of the water mains or associated facilities. All
repairs (other than emergency repairs) and maintenance of lines
or facilities located on the golf course shall be limited to the
fall or spring and, preferably, to times when the golf course is
not open for use, and shall be undertaken in a manner to mini-
mize, to the extent reasonably possible, disruption of the golf
course.
WATER SERVICE
15. Use of Water. The potable water to be delivered by the
City pursuant to the terms of this Agreement may be used for all
lawful purposes, including but not limited to in-house domestic
uses, fire protection, swimming pools and the normal outside
irrigation of trees, lawns and gardens, not to exceed 5,000
square feet per residential unit. All water use will be consis-
tent with the City' Water Policy Resolution (Resolution No. 5 (as
amended) (Series of 1993)) and water conservation ordinances.
16. Water Use on Golf Course. Notwithstanding the provi-
sions of paragraph 15 above, PEG II agrees that the golf course.
will be irrigated with raw water only, provided, however, that in
the event delivery of raw water to the golf course must be
suspended due to unanticipated and/or unavoidable damage to the
raw water delivery system serving the golf course, PEG II may use
potable water for golf course irrigation on a temporary short-
term emergency basis so long as: (1) the City is able to meet all
of its other water service commitments at the time potable water
is needed for such irrigation; (2) the physical connection
between the potable water system and the irrigation system is
approved by the City; (3) the use of the potable water system to
irrigate the golf course is only made at such time andin
service
insuch
manner as approved by the City Water Department; (4)
is metered and paid for at the current and applicable billing
area rates; and (5) such potable water is used only for temporary
emergency purposes in quantities no greater than needed to
9
730 G 806
properly irrigate the golf course. Because potable water as
provided for in this paragraph will only be delivered and uti-
lized in extraordinary and infrequent circumstances, PEG II shall
be required to pay only a nominal tap fee (1 ECU) for the tap
connecting the irrigation system to the water system in addition
to all normal hookup charges. Additionally, any water delivered
under this paragraph will not be debited against the ECU or acre
feet maximums set forth in paragraph 2 above.
17. ECU Computation. The parties understand and agree that
the 550 ECUs to be provided to the Project Property and the 57
ECUs to be provided to the Pfister Property II were determined on
the basis of the assumptions contained in Exhibit G attached
hereto and that regardless of any subsequent amendment to the
Code, those assumptions will be applied to determine the ECUs
allocated to a particular structure or use under this Agreement;
provided that in no event shall the Project Property or the
Pfister Property II be entitled to the delivery of more than 185
acre feet or 12 acre feet, respectively, of treated water per
year. It is the intent of the parties hereto that the volume of
water to be delivered to the Project Property and Pfister Proper-
ty II under the terms of this Agreement not be reduced by future
amendments to the Code redefining or recalculating ECUs.
18. Dedication of Water Rights - Cash in Lieu. Pursuant to
the City's Water Policies, all extraterritorial extensions of
water service are to be accompanied by a dedication or transfer
of water rights from the water user to the City comparable to the
water services to be delivered. Alternatively, a cash payment in
lieu of the required water right may be accepted by the City in
its discretion.. PEG II and/or Pfister own certain water rights
appurtenant to the Project and/or Pfister Properties. The
parties hereto agree that such water rights should be retained by
PEG II and Pfister and utilized for raw water irrigation of the
golf course and other Project areas. Therefore, and in lieu of
the dedication or transfer of said water rights to the City, PEG
II and Pfister shall make a cash payment to the City in the sum
of $27,000, such sum to be paid upon the execution of this
Agreement. The parties agree and acknowledge that said cash
payment is an adequate substitute for the water rights otherwise
required to be transferred to the City for the potable water to
be delivered by the City to the Project, the Company Property,
and Pfister Properties under the terms of this Agreement.
19. Tap Fee Computation. All tap fees for potable water
service herein provided shall be assessed utilizing the City's
prevailing applicable tap fee at the time of application for a
building permit for the structure for which service is sought.
No water service shall be provided to any structure absent
is
10
-: C) 730 r = 807
DOZ
i _ F tVln -
payment of the appropriate tap fee and any applicable hookup
charges. Tap fees and hookup charges shall be paid at the time
of building permit issuance.
20. Service Line Meters. Each service line shall be me-
tered in accordance with the Code at the sole expense of PEG II
or Pfister or their successors, as the case may be.
21. Limitations on Provision of Water Service. This
Agreement is only for the supply of potable water service as
herein described and no expansion of uses, connections, or water
services beyond those set forth herein and in the addenda and
exhibits hereto is in anyway authorized by this Agreement. The
City is not by this Agreement prejudging, certifying or guaran-
teeing its ability to provide potable water service to any use or
structure other than as provided herein, nor may this Agreement
be used as evidence of approval of any land use requests,.or as
evidence of approval of water service for any land use request,
except as provided herein.
22. Service Sub�ect to City Charter Codes Rules, Regula-
tions and Policies. PEG II and Pfister shall be bound by, and
all water service provided hereunder shall be subject to, all
applicable provisions of the Charter of the City of Aspen and the
Aspen Municipal Code. PEG II and Pfister shall also be bound by,
and all water service provided hereunder shall be subject to, all
applicable rules, policies or regulations of the City now in
effect or as may be hereafter adopted, except that to the extent
such rules, policies or regulations conflict with this Agreement,
the terms of this Agreement shall govern.
23. Responsibility for Payment of Water Rates. In no event
shall PEG II or Pfister be responsible for the payment of water
rates for the delivery of water to property other than that
property which they lease or to which they have title at the time
of water delivery.
24. Rules Regulating Water Use. PEG II and Pfister agree
to adopt all provisions set forth herein as the rules and regula-
tions governing the use of water on the Project, the Project
Property and Pfister's Properties and agree that this Agreement
shall be recorded as covenants running with the land and shall be
as fully enforceable on the Project Property and Pfister's
Properties as if the same were situated inside the City. PEG II
and Pfister also agree to assist the City in every manner reason-
ably possible to enforce City rules and regulations made to
protect purity, safety and supply of the water delivered pursuant
to this Agreement, including curtailment during times of short-
age, elimination of any potential cross -connections, and the
40
11
utilization of water conservation devices as set forth in the
Code. PEG II and Pfister also agree to prohibit all unnecessary
or unreasonable waste of water on the property served pursuant to
this Agreement and to make reasonable efforts to enforce such
prohibition. The unreasonable or unnecessary waste of water
shall be defined as set forth in the Code.
25. Source of Water Supply• The parties to this Agreement
recognize that the water supply for -the City is dependent upon
sources from which the supply is variable in quantity and/or
quality and beyond the reasonable control of the City. No
liability shall attach to the City hereunder on account of any
failure to accurately anticipate availability of water supply or
because of an actual failure of water supply due to inadequate
run-off, poor quality, or occurrence beyond the reasonable
control of the City.
26. No Guaranty of Water QualitY, QuantitVor Pressure.
The City makes no promise or guarantee of pressure, quantity or
quality of water supply for any purpose, including fire suppres-
sion, except as specifically provided herein or as is required by
applicable federal, state and local statutes and regulations.
The City agrees to treat its water to meet all mandatory local,
state, and federal potable water standards and to exercise
reasonable care and foresight in furnishing water hereunder equal
in quality to that water furnished inside the City.
27. Property Rights in Water. All water furnished under
this Agreement is on a contractual basis for use on the Project
Property or Pfister's Properties as described herein and all
property rights to the water to be furnished hereunder are
reserved to the City. Such water service does not include any
right to make a succession of uses of such water and upon comple-
tion of the primary use on the Project Property and/or Pfister
Properties, all dominion over the water so leased reverts com-
pletely to the City. Subject to the prohibition against waste
and any other limitations on water use imposed herein, PEG II and
Pfister have no obligation under this Agreement to create any
particular volume of return flow from the water delivered hereun-
der. PEG II and Pfister agree to cooperate with the City in.
measuring and reporting return flows to the extent such measuring
and reporting is required by the Colorado State Engineer or his
agents.
VIOLATIONS
28. Enforcement by City. The parties to this Agreement
recognize and agree that the City has the right to enforce its
rules, policies, regulations, ordinances, and the terms of this
12
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#=;t.i�=� ? 1=, __ •r:: �30 .'ice 609
_ _ - _ _ � is 1 � i _.i'�'Y �._ � Wit''.. i,��-'— �• �?�-
Agreement by the disconnection of the supply of water provided
hereunder. Addit>>onally, in the event that PEG II, or Pfister,
or any user who.has purchased or leased a portion of the Project,
the Project Ptaperty, or the Pfister Properties, violate the
rules, policies, regulations or ordinances of the City, the City
shall have all remedies available to it at law or equity, or as
provided in the Municipal Code of the City of Aspen. should any
person or entity violate the terms of this Agreement (other than
by non-payment of water service charges), the city, except in
cases of emergency as determined by the City, shall give prior
written notice to the violating party specifying the grounds upon
which the City believes a default or violation has occurred. The
violating party shall then have 30 days from the receipt of said
written notice to cure the default or violation (except in cases
of emergency); or in the alternative, if the default or violation
by its nature cannot be cured within said 30 days, the violator
shall initiate action to cure said default or violation within
said 30 days and shall act with due diligence to complete the
cure of said default or violation within a reasonable period of
time thereafter. In all events the City shall be free from any
liability arising out of the exercise of its rights under this
paragraph. Notwithstanding the above, in no event shall a
violation by any user who has purchased or leased a portion of
the Project and/or the Project Property or Pfister's Properties,
` as the case may be, provide a basis for the termination of this
Agreement as the same relates to any other non -violating party or
its property, nor shall said violation provide any basis for
turning off or disconnecting the supply of water to any non -
violating party or its property.
11
TERMINATION
29. Termination by Agreement. Except as provided to the
contrary herein, this Agreement shall only be terminated in
writing by mutual agreement and the term of this Agreement shall
continue until such termination.
30. Termination if Illegal. The parties agree, intend and
understand that the obligations imposed by this Agreement are
only such as are consistent with state and federal law and the
Aspen Municipal Code. The parties further agree that if any
provision of this Agreement becomes in its performance inconsis-
tent with the Code or state or federal law, or is declared
invalid, the parties shall in good faith negotiate to modify the
Agreement so as to make it consistent with the Code or state or
federal law, and if, after a reasonable amount of time, their
negotiations are unsuccessful, this Agreement shall terminate.
13
=k:11 L:nt Clerk, JC= •
WATER SERVICE TO ASPEN SKIING COMPANY FACILITY
31. Water Service to Restroom Facility. The parties ac-
knowledge that the Aspen Srding Company ("Company") wishes to
have potable water service provided to a ticket office/restroom
facility located at the base of the Buttermilk/Tieback ski area
on Lot 49 of the Project Property and that such service can be
provided through the water transmission and distribution mains to
be constructed pursuant to this Agreement. The City hereby
agrees to provide potable water service under the terms of this
paragraph to serve said ticket off ice/restroom facility for up to
two (2) ECUs, which ECUs shall not be charged against the ECUs
allocated to PEG II under.paragraph 2, or to Pfister under
paragraph 3 of this Agreement. ECUs shall be assigned to the
facility as provided by the Code. '-
32. Agreement by Aspen Skiing Company. In consideration of
the water service provided in paragraph 31 above, and by its
signature on this Agreement, the Company, for itself, its succes-
sors and assigns, agrees as follows:
a. No potable water service shall be provided pursu-
ant to paragraph 31 and this paragraph 32 unless and until the
water service facilities to be constructed by PEG II and/or
Pfister on the Project Property pursuant to this Agreement have
been fully constructed and accepted by the City as provided in
j this Agreement;
b. Potable water provided pursuant to paragraph 31
will be used only for indoor purposes at the ticket office/rest-
room facility and for no other purpose;
C. The Company is bound by and shall comply with the
provisions of paragraphs 19-22, 25, 26, 29, 30, 34-38, 41, and
43-45 of this Agreement as fully and completely as if it were
identified along with Pfister and/or PEG II in said paragraphs as
a party bound thereby and subject thereto;
d. The Company is and shall be responsible for the
payment of all tap fees, hookup charges, and water rates for the
delivery of City water to the facility situated on Lot 49;
2This structure shall be considered a "retail" and not a
"commercial recreational" facility under Section 23-44(a) of the
Code so long as it remains strictly a ticket office/restroom.
14
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=i9_ 3.47* 4'e�� , a:i,s`�i� 730 F'C B11
e. The provisions of paragraphs 31 and 32, upon
recording with the Pitkin County Recorder, shall be covenants
running with Lot 49 and shall be as fully, enforceable on said
property .as if said property were situated inside the City;
f. The Company shall assist the City in every manner
reasonably possible to enforce City ordinances, rules and regula-
tions made to protect purity, safety and supply of the water
delivered pursuant to paragraphs 31 and 32, including curtailment
of water during times of shortage, elimination of any potential
cross -connections, the utilization of water conservation devices,
and prohibition of all unreasonable or unnecessary waste of water
(as defined in the Code) an the property served pursuant to
paragraphs 31 and 32;
g. The Company agrees that all water furnished to it
under paragraphs 31 and 32 is on a contractual basis only for use
at the ticket office/restroom facility on Lot 49, that all
property rights to the water so furnished are reserved to the
City, that such water service does not include any right to make
a succession of uses of such water, and, upon completion of the
primary use at the ticket office/restroom facility, all dominion
over the water so furnished reverts completely to the City;
h. Subject to the prohibition against waste and any
other limitations on water use imposed herein, the Company has no
obligation under this paragraph to create any particular volume
of return flow from the water delivered hereunder, provided,
however, that the Company shall cooperate with the City in
measuring and reporting return flows to the extent such measuring
and reporting are required by the Colorado State Engineer or his
agents;
i. The Company acknowledges that the City has the
right to enforce its rules, policies, regulations, ordinances,
and the provisions of paragraphs 31 and 32 by disconnection of
the supply of water provided to Company hereunder, and that if
the Company violates any such rules, policies, regulations, or
ordinances, the City shall have all remedies available to it at
law or equity or as provided in the Municipal Code of the City of
Aspen, provided, however, that, no violation by any water user.
who owns or leases any or all of the Project Property or the
Pfister Properties shall provide a basis for the termination of
water service to the Company as provided for in paragraphs 31 and
32;
j, The Company, upon the request of the City, and at
the City's sole discretion, shall petition for and/or consent to
annexation of Lot 49 to the City of Aspen at such time as deter-
15
C
(i8: 4^ 54: 730 FG B12
C1i`•i1c•_. �'i':'1_ �"1'= Clerk. Doc
mined necessary by the City, and agrees that failure to commence
and complete annexation•proceedings as herein required shall
authorize the City to commence and/or complete such annexation on
the Company's behalf, with all costs and fees associated there-
with to be borne by the Company. Such annexation shaft not
divest or diminish land use approvals or development rights
awarded by Pitkin County for Lot 49 as legally vested prior to
the annexation of Lot 49 to the City.
k_ Paragraphs 31 and 32 of this Agreement shall be
binding upon, and inure to the benefit of, the Company, its
successors and assigns, and may not be amended or assigned with-
out the written consent of the City, which consent shall not be
unreasonably withheld. Notwithstanding the foregoing provision,
the Company may collaterally assign its rights and interest under
this Agreement, in whole but not in part, to any lenders as part
of a secured financing or refinancing by the Company. After
delivery of notice to the City of any such collateral assignment,
such lenders and their assigns shall have a right to written
notice of default and the right, but not the obligation, to have
a reasonable opportunity to cure any default of the Company. If
any such lenders or their assigns shall succeed to the Company's
interests under this Agreement, such lenders or their assigns
shall assume the burdens and obligations of the Company as of the
date such lenders or assigns acquire title to any property
covered under this Agreement.
GENERAL PROVISIONS
33. Annexation. Upon the request of the City, and at its
sole discretion, PEG II and/or Pfister, or their successors in
interest, shall petition for and/or -consent to the annexation of
the Project and Project Property and/or the Pfister Properties,
respectively, or those portions thereof as deemed appropriate by
the City, to the City of Aspen at such time(s) as determined
necessary by the City. Such annexations) shall not divest or
diminish the land use approvals or development rights awarded by
Pitkin County for the Project or Project Property, or the Pfister
Properties, as legally vested on behalf of PEG II or Pfister, or
their successors, prior to the annexation of the subject property
to the City. Land use approvals or development rights not vested
in accordance to law prior to the annexation shall be subject to
the terms, conditions and regulations of the Aspen Municipal Code
upon annexation. The failure of PEG II or Pfister or their
successors in interest to commence and complete annexation
proceedings for their respective properties as herein required
shall constitute a material breach of this Agreement authorizing
the City to terminate same as it relates to the defaulting party.
Alternatively, a failure of PEG II, Pfister, or their successors
16
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#76327,58 11! j.J%?.i C78:42- Rec $74 ;.00 B,:-' 730 rG 913
Silvia Da'�,is, tr.:in
in interest to commence and complete annexation for their respec-
tive properties as herein required shall authorize the City to
commence and/or complete such annexation on their behalf, in
which event the City shall charge, and.PEG II, Pfister and/or
their successors shall pay, all costs and fees associated with
such annexation of their respective properties.
34. No Public Utility Status. The parties agree that by
this Agreement the City does not become a public utility com-
pelled to serve other parties similarly situated. Pfister and
PEG II agree that neither they nor their successors or assignees
shall at any time petition the Colorado Public Utilities Commiss-
ion to acquire jurisdiction over any water rate set by the City.
The parties agree that in the event the City is held to be a,
public utility by virtue of the Agreement, the Agreement shall
terminate and be of no further force or effect.
35. No Waiver. Failure of a party hereto to exercise any
right hereunder shall not be deemed a waiver of any such right
and shall not affect the right of such party to exercise at some
future time said right or any other right it may have hereunder.
36. Notices. All notices hereunder shall be given in
writing by mail at the following appropriate address of the
party, postage prepaid:
1 City of Aspen
c/o City Manager
130 South Galena Street
Aspen, Colorado 81611
1 cc: City'Attorney
130 South Galena Street
Aspen, Colorado 81611
PEG II
Pearce Equities Group II Limited Liability Company
c/o Andrew V. Hecht, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
cc: Kirk B. Holleyman, Esq.
730 17th Street, Suite 730
Denver, Colorado 80202
i
17
i;Y• 42 n:E� Bf:: 730 F'v 814
F'itkin Cnty Clerk, Doc -
Arthur O. Pfister and Elizabeth H. Pfister
Arthur O. Pfister
P.O. Box EE
Aspen, Colorado 81612
cc: Kirk B. Holleyman, Esq. Andrew V. Hecht, Esq.
730 17th Street, Suite 730 Garfield & Hecht, P.C.
Denver, Colorado 80202 601 East Hyman Avenue
Aspen, Colorado 81611
SEP Residence Trust
Andrew V. Hecht, Esq., Trustee
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
CDP Residence Trust
Andrew V. Hecht, Esq., Trustee
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
The Company
f
1 The Aspen Skiing Company
c/o General Manager
P.O. Box 1248
Aspen, Colorado 81612
cc: Arthur B. Ferguson, Jr., Esq.
j Holland & Hart
600 East Main Street
Aspen, Colorado 81611
37. Force Majeure. No party shall be held liable for a
failure to perform hereunder due to wars, strikes, acts of God,
natural disasters, drought or other similar occurrences outside
of the control of the party.
38. Severability_ If any provision of this Agreement shall
be or become invalid or unenforceable, the remainder of the
provisions shall not be affected thereby and each and every
provision shall be enforceable to the fullest extent permitted by
law.
18
•
815
-
39. Amendments - Assignments. • Neither this Agreement, nor
the right to receive water service hereunder, may be amended or
assigned without the written consent of the parties hereto.
Consent to amendments shall not be unreasonably withheld so long
as any proposed amendment does not substantially increase the
level of water service (total acre feet) or ECU limit as provided
for in the Agreement. The City must approve in writing any
assignment of part or all of the rights of Pfister or PEG II
hereunder, and shall have the right to fully investigate any
assignee, and may decline to approve any assignment in its
reasonable discretion_ Any transfer of ownership or control of
PEG II which results in majority control or ownership passing to
anyone other than James T. Pearce, Jr. (member of PEG II), or an
entity not wholly owned and controlled by James T. Pearce, Jr.,
shall be deemed an assignment subject to this paragraph. PEG II
or Pfister may collaterally assign its rights and interest under
this Agreement, in whole but not in part, to any lenders as part
of a secured financing or refinancing by PEG II or Pfister,
respectively. After delivery of notice to the City of any such
collateral assignment, such lenders and their assigns shall have
a right to written notice of default and the right, but not the
obligation, to have a reasonable opportunity to cure any default
by PEG II or Pfister, as the case may be. If any such lenders or
their assigns shall succeed to PEG II or Pfister's interest under
this Agreement, such lenders or their assigns shall assume the
burdens and obligations of PEG II or Pfister, as the case may be,
as of the date such lenders or assigns acquire title to any
property covered under this Agreement. Any consent to a previous
assignment or amendment shall not be deemed as a consent to any
subsequent assignment or amendment. Furthermore, any attempted
assignment by Pfister or PEG II, or any assignee or successor of
either, in violation of this paragraph shall render the Agreement
void.
40. Total Agreement. Except as otherwise provided for
herein, this Agreement, including its addenda and exhibits,
supersedes and controls all prior written and oral agreements and
representations of the parties and is the total integrated
agreement among the parties governing the matters as provided for
herein.
41. Interpretation. Neither the titles to this Agreement
nor the recitals appearing prior to paragraph 1 of this Agreement
shall be used to alter the meaning of this Agreement and in the
event of a conflict, the terms and conditions of the numbered
paragraphs shall govern.
42. Binding Agreement - Recording. This Agreement is
binding upon the parties hereto, their successors and assigns,
19
•
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{?F,.422 Re- 3 'fir,i;it P}:.: 730 P6 816
milvia Ua••:is, Pitl::ir. CntV Clerk: DO T,.c7ij
and any sale of the Project and the Project Property or Pfister
Properties shall be subject to this Agreement as provided herein.
This Agreement (absent the exhibits )3 shall be promptly recorded
at PEG II's cost by the City and shall constitute a covenant
running with the Project, the Project Property, and the Pfister
Properties as described in Addenda "A", "B" and "C", respec-
tively, for both the burdens and benefits of each.
43. Applicable Law - Venue - Attorney's Fees. This Agree-
ment and the rights and obligations of the parties hereto shall
be interpreted and construed in accordance with the laws of the
State of Colorado. Venue for all actions arising under the
Agreement shall be in Pitkin County. In the event of litigation,
the court shall award the in
party reasonable attorneys'
fees, expert witness fees, and costs incurred by such party in
any action enforcing the terms of this Agreement.
44. Authorized Signatures. By signing this Agreement the
parties acknowledge and represent to one another that all proce-
dures necessary to validly contract and execute this Agreement
have been performed and that the persons signing for each party
have been duly authorized to do so.
45. Counterparts. This Agreement may be signed using
s counterpart signature pages, with the same force and effect as if
all parties signed on the same signature page.
I
IN WITNESS WHEREOF, the parties hereto set their hands on
the day and year above first written.
THE CITY OF ASPEN, COLORADO
A Municipal Corporation
By: S'
Joh S. Bennett, Mayor
ATTEST:
Kathryn Koch, City Clerk
3The exhibits to the Agreement being lengthy, illustrative
and technical in nature, the parties agree that they not be
recorded along with the Agreement.
20
r1
L_J
#7 ^Cf
h K 7307- 817
APPROVED AS TO FORM:
Edward M_ Caswall, Esq.
City Attorney
APPROVED AS TO FORM:
:ir olleyman, Eso.
Hawley & VanderWerf, P.C.
APPROVED AS TO FORM:
Andrew V. Hecht, Esq_
Garfield & Hecht, P.C.
11
PEARCE EQUITIES GROUP II
LIMITED LIABILITY COMPANY
A Utah Limited Liability Com-
pany
B
J mes T. Pearce, r.
21
ARTHUR 0. PFISTER AND
ELIZABETH PFISTER
Arthur O. Pfi er
C�f� P ZL
Eliz,keth H. Pfister '
•
11
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APPROVED AS TO —FORM:
Arthur B. Ferguso Jr.l� E\q.
Holland & Hart; I
SEP RESIDENCE TRUST
A Colorado Trust
By:_ --- ✓'
Andrew V. Hecht, Trustee
CDP RESIDENCE TRUST
A Colorado Trust
By Y_ r
Andrew V. Hecht, Trustee
ASPEN SKIING COMPANY, a
Colorado general partnership
By: MKDG III/M�KDG IV PARTNERSHIP,
a Colorado general
partnership, General Partner
By: MKDG III ASPEN, INC., a
Delaware corporation, General
Partner
By:
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THE CITY OF ASPEN
OFFICE OF THE CITY ATTORNEY
November 1, 1996
RL Developments, Inc., and
Gibralter West, Ltd.
c/o Leonard M. Oates, Esq.
Oates, Hughes & Knezevich, P.C.
533 East Hopkins Avenue
Aspen, Colorado 81611
Maroon Creek Townhouse Development Corp.
c/o Andrew V. Hecht, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
Re: Structure of Subdivision of Multi -Family Units/Maroon
Creek Subdivision
Gentlemen:
It is our understanding that you met with Mary Lackner on
October 23, 1996, in connection with the structure of the
subdivision of the multi -family development at the Maroon
Creek Subdivision. You represent Lots 17, 18 and 50, which
constitute all of the free market multi -family development.
The question posed was the acceptability of the development
under a townhouse (two dimensional scheme) as opposed to a
condominium (three dimensional scheme), both of which are
governed by the provisions of the Colorado Common Interest
Ownership Act. As we understand it, the primary distin-
guishing factor between a two dimensional townhouse as op-
posed to a three dimensional condominium would be that in a
townhouse scheme the lots in all cases share at least one
common wall with the adjoining lot, and the land underlying
the townhouse buildings is conveyed as lots along with the
buildings thereon. However, with a townhouse scheme, units
are not stacked or horizontally overlapping. Under a town-
house scheme, the common are will be owned by the Associa7
tion. Under the condominium scheme of development, all land
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 • PHONE 303.920.5055 • FAx 303.920.5119
Pnnmd, reryd,d paper
Letter Re: Maroon Creek Subdivision
November 1, 1996
Page 2
including that underlying the units is owned in common by
all of the property owners as tenants in common.
You have been further advised that there is no proposal for
modification of floor area rations, densities, or the like.
It is the position of the City that it would be acceptable
for you to proceed with the resubdivision of the constructed
units under either a townhouse (two dimensional scheme) or
condominium (three dimensional scheme) as you determine
best.
Very truly yours,
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
By:
Stan Clauson, Director
Johh Pf W61 cester, City Attorney
City of Aspen
• 9
Design Workshop, Inc.
Landscape Architecture
Land Planning
Urban Design
Tourism Planning
October 23, 1996
Ms. Mary Lackner
Aspen/ Pitkin Community Development
120 F. \l:ull
130 S. Galena Street
\,pen. C,,I,,,..„I('
Aspen, Co. 81611
81011
Re: Maroon Creek Club PUD
Amendments to Zoning Ordinance
970 025-8354
hin•,ii1111c
Mary:
970 920-1:387
In order to clarify the Ordinance for Re -zoning of the Maroon Creek Club PUD and to
maintain consistency amongst the various approvals and documents of record, we
\11)[1(picryll.
would recommend the following language changes to the Ordinance;
n,•m e
• ark,mi I I"I'•
WHEREAS, it is the obligation of the City of Aspen, under the Water Service
P1140•""
Agreement, to not divest or diminish the land use approvals or development rights
awarded by Pitkin County for the project in their entirety and has therefore maintained
Sim PaIl1„
all existing County approvals, findings, written interpretations and amendments for the
\ail
subdivision granted prior to the annexation agreement; and.....
Additional Exhibits:
To further clarify the approvals and the intent of the Water Service Agreement and the
Annexation Agreement, the following definitions from the Pitkin County Land Use
Code shall be utilitzed for purposes of determining, within the PUD, Height, Bulk and
Setbacks for the various Zone Districts;
Include definitions for -
Yard
Yard, Front, Side and Rear
Accessory Structures
Basement
Building Height
Floor Area (FAR)
Setback
Structure
You may also wish to amend and include the Exhibit C chart from the Detailed
Submission as recorded in Book 657 at Page 326,or include by reference.
Feel free to call me if you have any,kqustions.
Respectfully, Te>
Bruce Hazzard, Principal
Planning Coordinator
DESIGNWORKSHOP
,s
KI
MEMORANDUM
TO: Mayor and City Council
THRU:
Amy Margerum, City Manager
THRU:
Stan Clauson, Community Development Director_
RE: Maroon Creek Club Rezoning in association with Annexation - 2nd Reading
Ordinance #40, Series 1996
FROM: Mary Lackner, Planner
DATE: November 25,1996
REQUEST: This is a staff initiated rezoning map amendment in response to the
annexation of the Maroon Creek Club Subdivision into the City of Aspen. The developers
of the Maroon Creek Club Subdivision filed a water service agreement with the City of
Aspen and agreed to annex the parcel in 1991. The City has followed up on the
annexation of this subdivision. The Pfeifer land lease for a 55 acre portion of the golf
course, indicated as letter D on the map, is not included in the annexation or rezoning.
SUMMARY: Staff is recommending approval of this rezoning. The Maroon Creek Club
Subdivision contains approximately 369 acres. The project has obtained approvals from
Pitkin County that were completed in 1993. The project consists of a golf course, 42 single
family residences, 37 townhomes, 50 affordable dwelling units, and the redevelopment of
the Grand Champions Club to accommodate nine tennis courts, 12 lodge rooms, an 8,000
sq.ft. maintenance facility, and 30,100 sq.ft. addition to the club.
Staff is proposing that this parcel be rezoned with a PUD overlay over the entire parcel
and the use of eight existing zone districts to reflect current approvals on the various
parcels.
APPLICANT: City of Aspen.
LOCATION: The Maroon Creek Club Subdivision is located adjacent to Highway 82
immediately west of the Maroon Creek Bridge. The Pfister out -parcel, the previous ARU
facility outparcel, and the City of Aspen water tank parcel are being considered in this
rezoning. The Pfeifer land lease is excluded from the rezoning and annexation.
ZONING: Exhibit A and Map A illustrate the existing County zone districts that are in
place in this subdivision. Exhibit A and Map B contain the proposed City zone
designations for the subdivision.
STAFF COMMENTS: This section of the memorandum is broken down into the
following categories to review compliance with the adopted land use regulations of the
City of Aspen:
General Issues
Rezoning (Map Amendment)
General Issues
Staff has reviewed the Detailed Submission and Final Plat documents of the Maroon
Creek Subdivision to determine the approved development and existing zoning of this
subdivision.
Due to the extensive development approved for this subdivision (there are 52
development lots and 21 golf course/ commons parcels) staff is recommending eight
different zone districts to be applied to various parcels. Staff is also recommending a
PUD overlav for the entire subdivision and an SPA overlay on Lot 51 which contains the
Grand Champions Club.
The project was a complex PUD with extensive negotiations for the number and size of
residences, floor area calculations, and siting of residences for limited visual impact. The
annexation was adopted with the understanding that the existing development approvals
for the Subdivision be carried forward into the Citv. Future amendments to the
development plan would be reviewed pursuant to the amendment process adopted in the
Aspen Municipal Code.
Rezoning (Amendment to the Zone District Map)
As part of the annexation of this property into the City, rezoning of the property is
required. Section 26.92.020 establishes the following review criteria for a rezoning
application.
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
Response: The recommended rezoning complies with all provisions of the Aspen
Municipal Code.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
Response: The annexation of the Maroon Creek Club is compatible with the AACP and
more specifically the Annexation Element of the plan that was endorsed by the Aspen
Planning and Zoning Commission on June 18,1996 and approved by City Council on July
8,1996.
C. Whether the proposed amendment is compatible with
surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
Response: The surrounding neighborhood is a mix of residential, lodge uses, and
recreational uses. The rezoning of the parcel to compatible city zone districts maintains
the project integrity and conditions of approval imposed by the Board of County
Commissioners. No changes are proposed to the project elements.
D. The effect of the proposed amendment on traffic generation
and road safety.
Response: Since this is a rezoning for the purposes of zoning newly annexed parcels, no
traffic safety or generation issues are created. However, an original condition of approval
of the project was to build the grade -separated interchange at Tiehack Road and Highway
82. This has been constructed and has decreased traffic crossing Highway 82 as a result of
this development.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether
and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but
not limited to transportation facilities, sewage facilities,
water supply, parks, drainage, schools, and emergency
medical facilities.
Response: These items were addressed and mitigated for in the County approvals of the
project. No additional demands are anticipated as a result of this annexation/rezoning.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
9A
•
Response: These items were addressed and mitigated for in the County approvals of the
project. No adverse impacts are anticipated as a result of this annexation/rezoning.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of
Aspen.
Response: The annexation and rezoning have been evaluated for compatibility with
community character in the original reviews. No changes are being proposed and
therefore the project is considered to meet this standard.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which
support the proposed amendment.
Response: There are no changed conditions relating to the rezoning that will affect the
surrounding neighborhood. In the future, the annexation may result in additional lands
being eligible for annexation as the City boundary has extended to the west.
I. Whether the proposed amendment would be in conflict
with the public interest, and is in harmony with the purpose
and intent of this chapter.
Response: The proposal is consistent with the standards of the Aspen Municipal Code.
SUMMARY: This is a straight -forward request for rezoning, as the property already has
full development approvals and has proceeded with construction. The rezoning is
essential to the annexation of the subdivision into the City of Aspen. Staff has done its
best at identifying compatible city zone districts and is recommending eight to be applied
to various parcels within the subdivision. Since the subdivision was a PUD in the
County, and there are several differences between City and County zoning, staff is
recommending that the entire subdivision be rezoned with a PUD overlay in addition to
the individual parcel zoning.
RECOMMENDATION: Staff recommends that City Council approves this request.
Former ARU Facility Outparcel RR
Pfister Outparcel RR
Water Tank Parcel C
PUD Overlay on all lettered and numbered parcels
4
Lot # Proposed City Zoning
1-5
RR
6 -12
R-15A
13
AH
14
C
15
C
16
RR
17
RMF-A
18
RMF-A
19 - 40
R-15A
41- 45
RR
46 - 48
R-15A
49
C
50
RMF-A
51
P/SPA
52
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D
excluded Pfeifer land lease parcel
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PROPOSED MOTION: "I move to approve Ordinance 40, Series 1996 for approval of
rezoning of the Maroon Creek Club subdivision."
Ordinance 40, Series 1996
Exhibits:
Maps:
A Table of existing and proposed zone districts. Brief description of the
approved development for each lot.
A Maroon Creek Club Existing County Zone Districts
B Maroon Creek Club Proposed City Zone Districts
5
E
ORDINANCE NO.40
(SERIES OF 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A
REZONING FOR THE MAROON CREEK SUBDIVISION IN
CONJUNCTION WITH ANNEXATION INTO THE CITY OF ASPEN
WHEREAS, pursuant to Section 26.92.020 of the Aspen Municipal Code
the applicant, the City of Aspen, has submitted a request for a map amendment
to rezone the Maroon Creek Club subdivision, two Pfister parcels, and the water
tank parcel in conjunction with annexation into the City of Aspen; and
WHEREAS, through the development approvals of the Maroon Creek
Club subdivision the developer agreed to annex into the City of Aspen;
WHEREAS, it is the obligation of the City of Aspen, under the Water
Service Agreement, to not divest or diminish the land use approvals or
development rights awarded by Pitkin County for the project in their entirety
and has therefore maintained all existing County approvals, findings, written
interpretations and amendments for the subdivision granted prior to the
annexation agreement; and
WHEREAS, to further clarify the approvals and the intent of the Water
Service Agreement and the Annexation Agreement, Exhibit A defines the
following definitions of the Pitkin County Land Use Code that shall be utilized
for purposes of determining height, bulk, and setbacks within the PUD:
Accessory Structures
Basement
Building Height
Floor Area (FAR)
Setback
Structure
Yard
Yard, front, side and rear
WHEREAS, a duly noticed public hearing was held by the Aspen
Planning and Zoning Commission on October 22,1996 to consider the
application for a map amendment and forwarded a unanimous recommendation
of approval to the Aspen City Council; and
WHEREAS, the Aspen City Council having considered the Commission's
recommendation for a map amendment at a public hearing on November 25,
1996, and finds that the proposed rezoning of the Maroon Creek Club
subdivision is consistent with the requirements of the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant rezoning of the Maroon Creek Club Subdivision, the
Pfister outparcel, the former ARU Facility outparcel, and the water tank parcel as
follows:
Former ARU Facility Outparcel RR
Pfister Outparcel RR
Water Tank Parcel C
PUD Overlay on all lettered and numbered parcels
Lot # Proposed Ci . Zoning
1-5
RR
6 -12
R-15A
13
AH
14
C
15
C
16
RR
17
RMF-A
18
RMF-A
19 - 40
R-15A
41 - 45
RR
46 - 48
R-15A
49
C
50
RMF-A
51
P/ SPA
52
AH
A-C
P
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Section 2_
The Official Zone District Map for the City of Aspen, Colorado, shall be and is
hereby amended to reflect those rezoning actions as set forth in Section 1 above
and such amendments shall be promptly entered on the Official Map in
accordance with Section 26.28.30.B of the Municipal Code.
0
•
Section 3•
That the City Clerk be and hereby is directed, upon the adoption of this
ordinance, to record a copy of this ordinance in the office of the Pitkin County
Clerk and Recorder.
Section 4•
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be
conducted and concluded under such prior ordinances.
Section 6:
A public hearing on the Ordinance shall be held on the day of November 25,
1996 at 5:OOpm in the City Council Chambers, Aspen City Hall, fifteen (15) days
prior to which hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the day of ,1996.
John Bennett, Mavor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
1996.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
0 •
ACCESSORY USE or ACCESSORY STRUCTURE means a use or structure that is
naturally and normally incidental to, subordinate to, and devoted primarily to the principal use or
structure of the premises; does not change the basic character of the premises, as determined by its
principal use or structure; is subordinate in area, extent and purpose to the principal use or structure
served; contributes to the comfort, convenience or necessity of the occupants of the principal use or
structure served; and is located on the same lot or contiguous lots under the same ownership as the
principal use or structure. In no event shall an accessory use be construed to authorize a use not
otherwise permitted in the zone district in which the principal use is located, and in no event shall
an accessory use or structure be established prior to the principal use or structure to which it is
accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities
sufficient to render them suitable for permanent residential occupation.
BASETNIETNT means that portion of a structure fifty percent (50%) or more of which is
below natural rade.
cntena:
WELDING HEIGHT means the maximum distance allowed, based on the following
a. On Pitched Roofs:
1) There shall be no mid -point of a roof which exceeds the prescribed height above
existing grade, whichever is lower. The mid -point of the roof shall be defined as that point which is
halfway between the top of the ridge. and the eave-point. The eave-point is that point in the roof
plane which is directly above the outside of the wall beiow. In the case of a covered deck or patio.
the eave-point shall be that point which is directly above the outside face of the structure, or three
feet (Y) in from the edge of the roof, whichever is more restrictive.
?) There shall be no point of any ridge or other roof peak, which exceeds the prescribed
height above the existing or finished grade. whichever is lower, by more than five feet (T).
;) There shall be no eave-point which exceeds the prescribed height above existing or
finished grade, whichever is lower. Exception to this is if the ridge lines which extend to the outside
face of a building to form a gabled end will be permitted, to the extent that they conform to (2)
above.
b. On Flat Roofs: There shall be no point of a flat roof which exceeds the prescribed
height above the existing or finished grade, whichever is lower.
C. All roofs within a multi -roof building shall conform to these standards.
d. All measurements shall be made vertically; i.e., that each point of a roof shall be
measured to the point of agrade which is directly below it -- vertical and plumb. Roof points which
are not at the exterior of the building will be measured against existing grade only.
e. Antennae, chimneys, flues, vents, and similar structures shall not exceed the
prescribed height limit by more than ten feet (10').
f. Water towers, mechanical equipment, solar equipment, and similar equipment shall
not exceed the prescribed height limit by more than three feet (T).
g. In no event shall any structure, including antennae, chimneys, flues, vents, water
towers, mechanical equipment, solar equipment, and similar structures exceed thirty-eight feet (38')
above existing or finished grade, whichever is lower.
h. For the purpose of measuring building height, any individual building component
that is located within twenty (20) feet (as measured from any point from outside wall to outside
wail) of the principal structure shall be considered a part of the principal structure.
FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building
or structure. In calculating floor area, the following rules apply:
a. General: In measuring floor area, all dimensions shall be taken from the outside face
of framing or other primary wall members or from the center line of walls separating adjoining units
of a building or portion thereof. Veneer
facades up to eight inches in thickness shall be excluded from the calculation of floor area, that
portion of a facade which exceeds eight inches shall be included. Fireplaces, elevators, stairs and
similar features are included in the floor area on each floor.
b. Roof overhangs and decks: The floor area of a building, or portion thereof. not
provided with surrounding exterior wails shall include the area under the horizontal projection of
roofs or floors, when the roof or floor exceeds five
(5) feet. These architectural projections are exempt for five (5) feet of the perimeter of each story of
the structure. Architectural projections may project up to ten (10) feet and still be exempt, so long as
the total perimeter space
for a floor is less than or equal to the total area allowed for the five (5) foot exemption. This
exemption cannot be used to transfer space between floors.
C. Decks, balconies, stairways and similar features: Structures that exceed thirty (30)
inches above natural or finished grade, and that are not covered by a roof or architectural projection
from a building, are exempt from floor area
for up to fifteen percent (15O/o) of the maximum floor area allowed. Any areas in excess of fifteen
percent (15%) shall be counted toward floor area.
d. Spaces below natural grade for principal single family and duplex residences: Spaces
below natural grade, up to a maximum of twenty (20) feet in depth and which include no more than
a single story, are exempt from floor area
calculation up to a maximum of 4,000 square feet of floor area. Floor area below natural grade
which exceeds the 4,000 square foot exemption provided herein shall count toward the calculation
of allowable floor area. If any part
of the below grade space is exposed above natural grade (such as walk -out basements, walls or
courts) the entire below grade area shall be included in the floor area calculation; except that
window wells and one egress area as
required by the Uniform Building Code may be provided without affecting this exemption. The
foundation wail or footing may be exposed to the minimum degree required to comply with the
Uniform Building Code pertaining to foundation
design without affecting this exemption. Up to ten (10) percent of any particular below grade wail
surface may extend above natural grade and still be exempt from the calculation of floor area so
long as the finished grade covers
the surface that would otherwise be exposed. Garages up to seven hundred fifty (750) square feet
may be incorporated into below grade space and shall not affect this exemption so long, as the only
sections of building so exposed are directly related to the garage structure.
e. Garages and carports: For the purpose of calculating floor area ratio and allowable
floor area for a lot where the principal use is a single family residence, garage and carport floor area
shall be exempted up to a maximum of
seven hundred fifty (750) square feet. On a lot which contains a duplex. garage and carport floor
area shall be exempted up to a maximum of five hundred (500) square feet per side.. -all garage or
carport space in excess of the exempted
areas shall be included as part of the residential floor area calculation. When a single family or
duplex dwelling exceeds the allowed floor area. the exempt garage space shall be reduced by -
subtracting the excess floor area from the exempt garage space.
f. Crawl space: Crawl spaces shall be exempt from the calculation of floor area. even if
exposed above natural grade, so long as the height of the crawl space does not exceed five feet six
inches (5'6").
g. Attic space: That portion of attic space where the distance between the floor and
ceiling exceeds five feet six inches (5'6") in height shall count as floor area.
h. AR-1 Zone District: For the purpose of calculating floor area ratios for non-
residential structures in the AR-1 Zone District, subgrade space shall be excluded from the floor
area calculations when such subgrade space is accessory
to and subordinate to the principal use of the building and used for subordinate, secondary purposes.
Such exempted subgrade space shall include areas used for mechanical, electrical or heating
facilities; utility space;
parking garages; required employee housing units meeting Uniform Building Code requirements for
subgrade space; kitchens and employee recreation rooms; meeting rooms, auditorium, banquet
rooms, convention space, banquet preparation
and kitchen area; recreational amenities including but not limited to pools, health clubs, exercise
rooms, steamrooms, saunas, massage rooms, showers; linen storage rooms, maid service areas,
laundries; guest storage; storage for
condominium unit owners; ski lockers; loading and unloading docks, service elevators, trash
storage, maintenance area and storage; and circulation corridors and elevator areas for the foregoing.
All other uses located subgrade may be exempted from floor area calculations upon the special
review
recommendations of the Planning and Zoning Commission and approval of the Board if they find
the use to be accessory and subordinate to the principal use. Review criteria to be used in
determining if a use is accessory and subordinate to the principal use are as follows:
1) potential impacts generated by the use;
2) the amount of floor area involved, including the amount of space above grade to be
made available for the principal use if the space is exempted;
�) consideration of whether the use will be used primarily by occupants or residents of
the project or other persons in the community.
Above grade balconies and decks constructed in the AR-1 Zone District, including those
covered by a roof or floor above. shall be excluded from floor area calculations when the area of
such balconies and decks is less than or
equal to fifteen percent (15%) of the allowed floor area. all area of above grade decks and balconies
over fifteen percent (15%) of the allowed floor area shall be included in the floor area.
SETBACK means an open space at grade between a structure and the property line of the
lot on which the structure is located. The setback shall be unoccupied and unobstructed from the
ground upward, except for fences or as otherwise provided in this chapter. In measuring a setback,
the horizontal distance between the lot line and the closest projection of the principal or accessory
building shall be used.
STRUCTURE means anything constructed, installed, or portable, which requires location
on the ground. It includes yurts and tepees and movable buildings which can be used for housing,
business, commercial, agricultural, or office purposes, either temporarily or permanently.
"Structure" also includes roads, walkways, paths, fences, swimming pools, tennis courts, signs,
sheds, and other accessory construction. "Structures" do not include fences or walls used as fences
less than six feet (6) in height; poles, lines, cables, or other transmission or distribution facilities of
public utilities: bus shelters less than 200 square feet in size.
YARD means an open space which is unoccupied and unobstructed from the ground
skyward, except as otherwise provided below:
• 0
a. Projections into required yards. Yards shall be unobstructed from the ground to the
sky except for the following:
1) Uncovered porches, slabs, patios, terraces, walks, steps, retaining walls and similar
structures, which do not exceed thirty inches (30") above or below natural grade -- No restriction;
2) Fences, hedges, berms and walls less than six feet (6) in height are permitted within
yard setbacks, except on corner lots where no fence, retaining wall, hedge, berm, or similar
obstruction shall be erected or maintained which obstructs traffic vision; nor on comer lots shall any
fence, retaining wall, hedge, berm, or similar structure be erected or maintained which exceeds a
height of forty-two inches (42") measured from street grade within twenty feet (20') of the corner.
YARD, FRONT means a yard extending the full width of the lot, the depth of which is
measured as the least horizontal distance between any point on the front lot line and point of the
structure or use (such distance being referred to as the "front yard setback").
YARD. REAR means a vard extending the full width of the lot, the depth of which is
measured as the least horizontal distance between any point on the rear lot line and point of the
structure or use (such distance being referred to as the "rear yard setback"). In the event of a
triangular lot. the owner shall designate one line as the side and one as the rear lot line.
YARD, SIDE means a yard extending the length of the lot between the front and rear yard
setbacks (or lot line in the absense of yard requirements), the width of which is measured as the
least horizontal distance between any point of the structure or use (",such distance being referred to as
the "side yard setback"). In the event of a triangular lot. the owner shall designate one line as the
side and the other as the rear lot line. (Ord. 95-6 §§ 8. 11-13. 1995; Ord. 94-16 § 14)
Exhibit A
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AGENDA
October 28, 1996 ,
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5:00 COUNCIL
MEETING 5 10
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I.
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Call to order6/1
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II.
Roll call
III.
Scheduled Public Appearances
a) Outstanding Employee Bonuses
IV.
Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
rt
V.
Special Orders of the day
a) Mayor's comments
b) Councilmembers' comments
c) City Manager's comments
VI.
Consent Calendar (These matters may be adopted together by a single motion)
a) Minutes -
b) ,/ City Council Use Tax Agreement RE160. LA
c) Resolution # 1996 - Accepting GOCO Grant for Moore Playing Fields
d) ✓ Resolution # 1996 - Purchase of Anderson Property
VII.
Continued Item
a) Appeal of Interpretation Ordinance #1, Housing_ Replacement
VIII.
Public Hearings
a) _
IX.
Action Items
a) Ordinance # 1996 - Maroon Creek Rezoning
b)
X. Information Items
a) _
XI. Adjournment
Next Regular Meeting November 11, 1996
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT MEETING
ROOM
• 0
0031• SWIN N
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
THRU: Stan Clauson, Community Development Director`
RE: Maroon Creek Club Rezoning in association with Annexation -1st Reading
Ordinance # , Series 1996
FROM: Mary Lackner, Planner
DATE: October 28,1996
REQUEST: This is a staff initiated rezoning map amendment in response to the
annexation of the Maroon Creek Club Subdivision into the City of Aspen. The developers
of the Maroon Creek Club Subdivision filed a water service agreement with the City of
Aspen and agreed to annex the parcel in 1991. The City has followed up on the
annexation of this subdivision. The Pfeifer land lease for a 55 acre portion of the golf
course, indicated as letter D on the map, is not included in the annexation or rezoning.
SUMMARY: Staff is recommending approval of this rezoning. The Maroon Creek Club
Subdivision contains approximately 369 acres. The project has obtained approvals from
Pitkin County that were completed in 1993. The project consists of a golf course, 42 single
family residences, 37 townhomes, 50 affordable dwelling units, and the redevelopment of
the Grand Champions Club to accommodate nine tennis courts, 12 lodge rooms, an 8,000
sq.ft. maintenance facility, and 30,100 sq.ft. addition to the club.
Staff is proposing that this parcel be rezoned with a PUD overlay over the entire parcel
and the use of eight existing zone districts to reflect current approvals on the various
parcels.
APPLICANT: City of Aspen.
LOCATION: The Maroon Creek Club Subdivision is located adjacent to Highway 82
immediately west of the Maroon Creek Bridge. The Pfister out -parcel, the previous ARU
facility outparcel, and the City of Aspen water tank parcel are being considered in this
rezoning. The Pfeifer land lease is excluded from the rezoning and annexation.
ZONING: Exhibit A and Map A illustrate the existing County zone districts that are in
place in this subdivision. Exhibit A and Map B contain the proposed City zone
designations for the subdivision.
STAFF COMMENTS: This section of the memorandum is broken down into the
following categories to review compliance with the adopted land use regulations of the
City of Aspen:
General Issues
Rezoning (Map Amendment)
General Issues
Staff has reviewed the Detailed Submission and Final Plat documents of the Maroon
Creek Subdivision to determine the approved development and existing zoning of this
subdivision.
Due to the extensive development approved for this subdivision (there are 52
development lots and 21 golf course/commons parcels) staff is recommending eight
different zone districts to be applied to various parcels. Staff is also recommending a
PUD overlav for the entire subdivision and an SPA overlay on Lot 51 which contains the
Grand Champions Club.
The project was a complex PUD with extensive negotiations for the number and size of
residences, floor area calculations, and siting of residences for limited visual impact. The
annexation was adopted with the understanding that the existing development approvals
for the Subdivision be carried forward into the City. Future amendments to the
development plan would be reviewed pursuant to the amendment process adopted in the
Aspen Municipal Code.
Rezoning (Amendment to the Zone District Map)
As part of the annexation of this property into the City, rezoning of the property is
required. Section 26.92.020 establishes the following review criteria for a rezoning
application.
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
Response: The recommended rezoning complies with all provisions of the Aspen
Municipal Code.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
2
Response: The annexation of the Maroon Creek Club is compatible with the AACP and
more specifically the Annexation Element of the plan that was endorsed by the Aspen
Planning and Zoning Commission on June 18,1996 and approved by City Council on July
8,1996.
C. Whether the proposed amendment is compatible with
surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
Response: The surrounding neighborhood is a mix of residential, lodge uses, and
recreational uses. The rezoning of the parcel to compatible city zone districts maintains
the project integrity and conditions of approval imposed by the Board of County
Commissioners. No changes are proposed to the project elements.
D. The effect of the proposed amendment on traffic generation
and road safety.
Response: Since this is a rezoning for the purposes of zoning newly annexed parcels, no
traffic safety or generation issues are created. However, an original condition of approval
of the project was to build the grade -separated interchange at Tiehack Road and Highway
82. This has been constructed and has decreased traffic crossing Highway 82 as a result of
this development.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether
and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but
not limited to transportation facilities, sewage facilities,
water supply, parks, drainage, schools, and emergency
medical facilities.
Response: These items were addressed and mitigated for in the County approvals of the
project. No additional demands are anticipated as a result of this annexation/rezoning.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
9A
Response: These items were addressed and mitigated for in the County approvals of the
project. No adverse impacts are anticipated as a result of this annexation/ rezoning.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of
Aspen.
Response: The annexation and rezoning have been evaluated for compatibility with
community character in the original reviews. No changes are being proposed and
therefore the project is considered to meet this standard.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which
support the proposed amendment.
Response: There are no changed conditions relating to the rezoning that will affect the
surrounding neighborhood. In the future, the annexation may result in additional lands
being eligible for annexation as the City boundary has extended to the west.
I. Whether the proposed amendment would be in conflict
with the public interest, and is in harmony with the purpose
and intent of this chapter.
Response: The proposal is consistent with the standards of the Aspen Municipal Code.
SUMMARY: This is a straight -forward request for rezoning, as the property already has
full development approvals and has proceeded with construction. The rezoning is
essential to the annexation of the subdivision into the City of Aspen. Staff has done its
best at identifying compatible city zone districts and is recommending eight to be applied
to various parcels within the subdivision. Since the subdivision was a PUD in the
County, and there are several differences between City and County zoning, staff is
recommending that the entire subdivision be rezoned with a PUD overlay in addition to
the individual parcel zoning.
RECOMMENDATION: Staff recommends that City Council approves this request at
first reading.
Former ARU Facility Outparcel RR
Pfister Outparcel RR
Water Tank Parcel C
4
PUD Overlay on all lettered and numbered parcels
Lot # Proposed City Zoning
1-5
RR
6 -12
R-15A
13
AH
14
C
15
C
16
RR
17
RMF-A
18
RMF-A
19 - 40
R-15A
41- 45
RR
46 - 48
R-15A
49
C
50
RMF-A
51
P/ SPA
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excluded Pfeifer land lease parcel
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PROPOSED MOTION: "I move to read Ordinance _ , Series 1996 for approval of
rezoning of the Maroon Creek Club subdivision."
OrdinanceSeries 1996
Exhibits: -
Maps:
A Table of existing and proposed zone districts. Brief description of the
approved development for each lot.
A Maroon Creek Club Existing County Zone Districts
61
•
i
ORDINANCE NO.
(SERIES OF 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A
REZONING FOR THE MAROON CREEK SUBDIVISION IN
CONJUNCTION WITH ANNEXATION INTO THE CITY OF ASPEN
WHEREAS, pursuant to Section 26.92.020 of the Aspen Municipal Code
the applicant, the City of Aspen, has submitted a request for a map amendment
to rezone the Maroon Creek Club subdivision, two Pfister parcels, and the water
tank parcel in conjunction with annexation into the City of Aspen; and
WHEREAS, through the development approvals of the Maroon Creek
Club subdivision the developer agreed to annex into the Citv of Aspen;
WHEREAS, it is in the interest of the City of Aspen, under the Water
Service Agreement, to not divest or diminish the land use approvals or
development rights awarded by Pitkin County for the project in their entirety
and has therefore maintained all existing County approvals, findings, written
interpretations and amendments for the subdivision granted prior to the
annexation agreement; and
WHEREAS, to further clarify the approvals and the intent of the Water
Service Agreement and the Annexation Agreement, Exhibit A defines the
following definitions of the Pitkin County Land Use Code that shall be utilized
for purposes of determining height, bulk, and setbacks within the PUD:
Accessory Structures
Basement
Building Height
Floor Area (FAR)
Setback
Structure
Yard
Yard, front, side and rear
WHEREAS, a duly noticed public hearing was held by the Aspen
Planning and Zoning Commission on October 22,1996 to consider the
application for a map amendment and forwarded a unanimous recommendation
of approval to the Aspen City Council; and
WHEREAS, the Aspen City Council having considered the Commission's
recommendation for a map amendment at a public hearing on 1996,
•
finds that the proposed rezoning of the Maroon Creek Club subdivision is
consistent with the requirements of the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant rezoning of the Maroon Creek Club Subdivision, the
Pfister outparcel, the former ARU Facility outparcel, and the water tank parcel as
follows:
Former ARU Facility Outparcel RR
Pfister Outparcel RR
Water Tank Parcel C
PUD Overlay on all lettered and numbered parcels
Lot # Proposed City Zoning
1-5
RR
6 -12
R-15A
13
AH
14
C
15
C
16
RR
17
RMF-A
18
RMF-A
19 - 40
R-15A
41 - 45
RR
46 - 48
R-15A
49
C
50
RMF-A
51
P/SPA
52
AH
A-C
P
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WP
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P-S
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Section 2:
The Official Zone District Map for the City of Aspen, Colorado, shall be and is
hereby amended to reflect those rezoning actions as set forth in Section 1 above
and such amendments shall be promptly entered on the Official Map in
accordance with Section 26.28.30.B of the Municipal Code.
0
L�
Section 3•
That the City Clerk be and hereby is directed, upon the adoption of this
ordinance, to record a copy of this ordinance in the office of the Pitkin County
Clerk and Recorder.
Section 4•
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be
conducted and concluded under such prior ordinances.
Section 6:
A public hearing on the Ordinance shall be held on the day of _ ,1996 at
5:OOpm in the City Council Chambers, Aspen City Hall, fifteen (15) days prior to
which hearing a public notice of the same shall be published one in a newspaper
of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the day of ,1996.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
1996.
0 •
John Bennett, Mavor
ATTEST:
Kathryn S. Koch, City Clerk
0
0
EXHIBIT A
ACCESSORY USE or ACCESSORY STRUCTURE means a use or structure that is
naturally and normally incidental to, subordinate to, and devoted primarily to the principal use or
structure of the premises; does not change the basic character of the premises, as determined by its
principal use or structure; is subordinate in area, extent and purpose to the principal use or structure
served; contributes to the comfort, convenience or necessity of the occupants of the principal use or
structure served; and is located on the same lot or contiguous lots under the same ownership as the
principal use or structure. In no event shall an accessory use be construed to authorize a use not
otherwise permitted in the zone district in which the principal use is located, and in no event shall
an accessory use or structure be established prior to the principal use or structure to which it is
accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities
sufficient to render them suitable for permanent residential occupation.
BASEMENT means that portion of a structure fifty percent (50%) or more of which is
below natural g rade.
criteria:
BUILDING HEIGHT means the maximum distance allowed, based on the following
a. On Pitched Roofs:
1) There shall be no mid -point of a roof which exceeds the prescribed height above
existing grade, whichever is lower. The mid -point of the roof shall be defined as that point which is
halfway between the top of the ridge, and the eave-point. The eave-point is that point in the roof
plane which is directly above the outside of the wall below. In the case of a covered deck or patio,
the eave-point shall be that point which is directly above the outside face of the structure, or three
feet (3') in from the edge of the roof, whichever is more restrictive.
2) There shall be no point of any ridge or other roof peak, which exceeds the prescribed
height above the existing or finished grade, whichever is lower, by more than five feet (5').
3) There shall be no eave-point which exceeds the prescribed height above existing or
finished grade, whichever is lower. Exception to this is if the ridge lines which extend to the outside
face of a building to form a gabled end will be permitted, to the extent that they conform to (2)
above.
b. On Flat Roofs: There shall be no point of a flat roof which exceeds the prescribed
height above the existing or finished grade, whichever is lower.
All roofs within a multi -roof building shall conform to these standards.
0 •
d. All measurements shall be made vertically; i.e., that each point of a roof shall be
measured to the point of grade which is directly below it -- vertical and plumb. Roof points which
are not at the exterior of the building will be measured against existing grade only.
e. Antennae, chimneys, flues, vents, and similar structures shall not exceed the
prescribed height limit by more than ten feet (10').
f. Water towers, mechanical equipment, solar equipment, and similar equipment shall
not exceed the prescribed height limit by more than three feet (3').
g. In no event shall any structure, including antennae, chimneys, flues, vents, water
towers, mechanical equipment, solar equipment, and similar structures exceed thirty-eight feet (38')
above existing or finished grade, whichever is lower.
h. For the purpose of measuring building height, any individual building component
that is located within twenty (20) feet (as measured from any point from outside wall to outside
wall) of the principal structure shall be considered a part of the principal structure.
FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building
or structure. In calculating floor area, the following rules apply:
a. General: In measuring floor area, all dimensions shall be taken from the outside face
of framing or other primary wall members or from the center line of walls separating adjoining units
of a building or portion thereof. Veneer
facades up to eight inches in thickness shall be excluded from the calculation of floor area; that
portion of a facade which exceeds eight inches shall be included. Fireplaces, elevators, stairs and
similar features are included in the floor area on each floor.
b. Roof overhangs and decks: The floor area of a building, or portion thereof, not
provided with surrounding exterior walls shall include the area under the horizontal projection of
roofs or floors, when the roof or floor exceeds five
(5) feet. These architectural projections are exempt for five (5) feet of the perimeter of each story of
the structure. Architectural projections may project up to ten (10) feet and still be exempt, so long as
the total perimeter space
for a floor is less than or equal to the total area allowed for the five (5) foot exemption. This
exemption cannot be used to transfer space between floors.
C. Decks, balconies, stairways and similar features: Structures that exceed thirty (30)
inches above natural or finished grade, and that are not covered by a roof or architectural projection
from a building, are exempt from floor area
for up to fifteen percent (15%) of the maximum floor area allowed. Any areas in excess of fifteen
percent (15%) shall be counted toward floor area.
0 •
d. Spaces below natural grade for principal single family and duplex residences: Spaces
below natural grade, up to a maximum of twenty (20) feet in depth and which include no more than
a single story, are exempt from floor area
calculation up to a maximum of 4,000 square feet of floor area. Floor area below natural grade
which exceeds the 4,000 square foot exemption provided herein shall count toward the calculation
of allowable floor area. If any part
of the below grade space is exposed above natural grade (such as walk -out basements, walls or
courts) the entire below grade area shall be included in the floor area calculation; except that
window wells and one egress area as
required by the Uniform Building Code may be provided without affecting this exemption. The
foundation wall or footing may be exposed to the minimum degree required to comply with the
Uniform Building Code pertaining to foundation
design without affecting this exemption. Up to ten (10) percent of any particular below grade wall
surface may extend above natural grade and still be exempt from the calculation of floor area so
long as the finished grade covers
the surface that would otherwise be exposed. Garages up to seven hundred fifty (750) square feet
may be incorporated into below grade space and shall not affect this exemption so long as the only
sections of building so exposed are directly related to the garage structure.
e. Garages and carports: For the purpose of calculating floor area ratio and allowable
floor area for a lot where the principal use is a single family residence, garage and carport floor area
shall be exempted up to a maximum of
seven hundred fifty (750) square feet. On a lot which contains a duplex, garage and carport floor
area shall be exempted up to a maximum of five hundred (500) square feet per side. All garage or
carport space in excess of the exempted
areas shall, be included as part of the residential floor area calculation. When a single family or
duplex dwelling exceeds the allowed floor area, the exempt garage space shall be reduced by
subtracting the excess floor area from the exempt garage space.
f. Crawl space: Crawl spaces shall be exempt from the calculation of floor area, even if
exposed above natural grade, so long as the height of the crawl space does not exceed five feet six
inches (5'6").
g. Attic space: That portion of attic space where the distance between the floor and
ceiling exceeds five feet six inches (5'6") in height shall count as floor area.
h. AR-1 Zone District: For the purpose of calculating floor area ratios for non-
residential structures in the AR-1 Zone District, subgrade space shall be excluded from the floor
area calculations when such subgrade space is accessory
to and subordinate to the principal use of the building and used for subordinate, secondary purposes.
Such exempted subgrade space shall include areas used for mechanical, electrical or heating
facilities; utility space;
parking garages; required employee housing units meeting Uniform Building Code requirements for
subgrade space; kitchens and employee recreation rooms; meeting rooms, auditorium, banquet
rooms, convention space, banquet preparation
and kitchen area; recreational amenities including but not limited to pools, health clubs, exercise
rooms, steamrooms, saunas, massage rooms, showers; linen storage rooms, maid service areas,
laundries; guest storage; storage for
condominium unit owners; ski lockers; loading and unloading docks, service elevators, trash
storage, maintenance area and storage; and circulation corridors and elevator areas for the foregoing.
All other uses located subgrade may be exempted from floor area calculations upon the special
review
recommendations of the Planning and Zoning Commission and approval of the Board if they find
the use to be accessory and subordinate to the principal use. Review criteria to be used in
determining if a use is accessory and subordinate to the principal use are as follows:
1) potential impacts generated by the use;
2) the amount of floor area involved, including the amount of space above grade to be
made available for the principal use if the space is exempted;
3) consideration of whether the use will be used primarily by occupants or residents of
the project or other persons in the community.
Above grade balconies and decks constructed in the AR-1 Zone District, including those
covered by a roof or floor above, shall be excluded from floor area calculations when the area of
such balconies and decks is less than or
equal to fifteen percent (15%) of the allowed floor area; all area of above grade decks and balconies
over fifteen percent (15%) of the allowed floor area shall be included in the floor area.
SETBACK means an open space at grade between a structure and the property line of the
lot on which the structure is located. The setback shall be unoccupied and unobstructed from the
ground upward, except for fences or as otherwise provided in this chapter. In measuring a setback,
the horizontal distance between the lot line and the closest projection of the principal or accessory
building shall be used.
STRUCTURE means anything constructed, installed, or portable, which requires location
on the ground. It includes yurts and tepees and movable buildings which can be used for housing,
business, commercial, agricultural, or office purposes, either temporarily or permanently.
"Structure" also includes roads, walkways, paths, fences, swimming pools, tennis courts, signs,
sheds, and other accessory construction. "Structures" do not include fences or walls used as fences
less than six feet (6) in height; poles, lines, cables, or other transmission or distribution facilities of
public utilities; bus shelters less than 200 square feet in size.
YARD means an open space which is unoccupied and unobstructed from the ground
skyward, except as otherwise provided below:
•
a. Projections into required yards. Yards shall be unobstructed from the ground to the
sky except for the following:
1) Uncovered porches, slabs, patios, terraces, walks, steps, retaining walls and similar
structures, which do not exceed thirty inches (30") above or below natural grade -- No restriction;
2) Fences, hedges, berms and walls less than six feet (6) in height are permitted within
yard setbacks, except on corner lots where no fence, retaining wall, hedge, berm, or similar
obstruction shall be erected or maintained which obstructs traffic vision; nor on corner lots shall any
fence, retaining wall, hedge, berm, or similar structure be erected or maintained which exceeds a
height of forty-two inches (42") measured from street grade within twenty feet (20') of the corner.
YARD, FRONT means a yard extending the full width of the lot, the depth of which is
measured as the least horizontal distance between any point on the front lot line and point of the
structure or use (such distance being referred to as the "front yard setback").
YARD, REAR means a yard extending the full width of the lot, the depth of which is
measured as the least horizontal distance between any point on the rear lot line and point of the
structure or use (such distance being referred to as the "rear yard setback"). In the event of a
triangular lot, the owner shall designate one line as the side and one as the rear lot line.
YARD, SIDE means a yard extending the length of the lot between the front and rear yard
setbacks (or lot line in the absence of yard requirements), the width of which is measured as the
least horizontal distance between any point of the structure or use (such distance being referred to as
the "side yard setback"). In the event of a triangular lot, the owner shall designate one line as the
side and the other as the rear lot line. (Ord. 95-6 §§ 8, 11-13, 1995; Ord. 94-16 § 14)
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Map A
EXISTING
Ma r o o n Cr e e k
Co u n t y Z o n i n!
/ `E/�� t )
/ \ AF- SKI
�� ❑ AFR- 1 0
i A AFR 2
\ /
S F)/
� -- ---- — - \ 43 P MH
42
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A I E
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• 16 ;✓ r
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\ ✓-_'
f2 %�,,,g \ ��\,l fIi`ei.iar rrxr"orrii's o°cri orrer
Map B
PROPOSED
6 Mar o o n Creek
Cl t y Zo n i n g
A
C
os
4 4
43 P
4 2
R- I 5A
4 1
RMF- A
6
RR
4 S P A
Ov e r I a
W
49 P
-7
12
4
CERTIFICATE OF MAILING
RE: MAROON CREEK CLUB SUBDIVISION REZONING
I hereby certify that on this 2nd day of October, 1996, a true and correct copy of the
attached Notice of Public Hearing was deposited in the United States mail, first-class postage
prepaid, to the adjacent property owners as indicated on the attached list of adjacent property
owners which was supplied to the Aspen/Pitkin Community Development Department by the
applicant in regard to the case named on the Public Notice.
By: Rhonda Harris
Administrative Assistant
frm.mailing
PUBLIC NOTICE
RE: MAROON CREEK CLUB SUBDIVISION REZONING
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 22, 1996 at
a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Council
Chambers, City Hall, 130 S. Galena St., Aspen, to consider a staff initiated rezoning of the Maroon
Creek Club Subdivision in conjunction with annexation of the subdivision into the City of Aspen.
The entire subdivision will have
a PUD overlay in conjunction with the following lot rezoning:
Lot Current
Proposed
_ 4 County Zoning
City Zoning
1-5 R-30
RR
6-12 R-15
R-15A
13 PMH
AH
14 AF-SKI
C
15 AF-SKI
C
16 R-30
RR
17 AR-2
RMF-A
18 AR-2
R-15A
19-40 R-15
R-15A
41-45 R-30
RR
46-48 R-15
R-15A
49 AF-SKI
C
50 AR-2
RMF-A
51 T
P/SPA
52 PMH
AH
Pfister Outparcels AF-1
RR
Water -Tank Outparcel PUB
C
A-C
P
E-G
OS
H-K
WP
L-N
OS
P-S
WP
T-U
OS
The property is located at 38996
Highway 82 . For further information. contact Mary Lackner at
the Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920-
5106.
s/Sara Garton, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on October 5, 1996
City of Aspen Account
•
•
PAEPCKE, WALTER P. TRUST ZOLINE, JOSEPH T. SOLDNER, PAUL E. & VIRGINIA
600 E. MAIN 624 N. CANON DRIVE PO BOX 90
ASPEN, CO 81611 BEVERLY HILLS, CA 90210 ASPEN, CO 81612
STAPLETON, CRAIG R., AGENT
POST OFFICE BOX 1576
GREENWICH, CT 06836
STAFF SERVICES CO. LIMITED
730 E. DURANT, SUITE 200
ASPEN, CO 81611
BOWERS FAMILY LIMITED
PARTNERSHIP
613 WOODLAND DR
GREENSBORO, NC 27408
GRIFFIN, TIM
125 EAST 9TH. STREET
CINCINNATI, OH 45202
NYQUIST, STEVEN R.
517 WAXWOOD DR.
BRENTWOOD, TN 37027
RIPPON, H. JAMES
1325 WINDHAM ROAD
HUMMELSTOWN, PA 17036
BERMAN, MORRIS S.
REVOCABLE TRUST
5 WHISPERWOOD CT
BALTIMORE, MD 21208-1954
ZURICK, ANDREW
4982 ARMANDALE AVE
CANTON, OH 44718
ZOLINE, JOSEPH T.
900 STAGE ROAD
ASPEN, CO 81611
CARTY, JAMES B.
R.D. 1, 298 ELK CREEK RD.
LINCOLN UNIVERSITY, PA 19352
HANSEN, STEVEN A.
310 AABC
ASPEN, CO 81611
ODE LLC
144 GREEN BAY ROAD
WINNETKA, IL 60093
LEVINSON, PAUL AND PATRICIA
PO BOX 733
NEWFOUNDLAND, NJ 07435
R & N ENTERPRISES
P.O. BOX 626
CARBONDALE, CO 81623
NAJAC, HAROLD W. AND ELLIE
171 EAST 84TH ST., #98
NEW YORK, NY 10028
CLEMONS, ROY L. AND
721 WEST MIRICLE STRIP PKWY
MARY ESTHER, FL 32569
NORWEST BANK DES MOINES
BOX 837
DES MOINES, IA 50309
MACKELLAR, WILLIAM J.
8308 MANCHESTER
GROSSE ILE, MI 48138
FITZGIBBON, GERALD M.
3905 SULGRAVE DRIVE
ALEXANDRIA, VA 22309
SHURTLEFF, ROBERT
866 WINDERMERE WAY
PALM BEACH, FL 33418
UYETAKE, SIDNEY S.
2033 A ROUNDTOP TERRACE
HONOLULU, HI 96822
THEO, JOHN PAUL
2106 TOPEKA AVENUE
LUBBOCK, TX 79407
BERMAN, MORRIS, LESLIE,
MICHAEL & STUART
5 WHISPERWOOD CT
BALTIMORE, MD 21208-1954
LOFFREDO, JOHN AND NANCY
725 GRAND MARAIS BLVD
GROSSE POINTE PARK, MI 48230
DESHMUKH, A. S. LOFFREDO, NANCY B. & JOHN L. HASSE, ROBERT F.
4557 WOODBRIAR DRIVE 725 GRAN MARAIS BLVD 24678 FOOTHILLS NORTH
TOLEDO, OH 43623 GROSSE POINT PARK, MI 48230 GOLDEN, CO 80401
PETERSON, RICHARD J.
BLANEY, JERE AND DEAN
RIUKEMA, FREDRICK J.T.
320 CAMELOT LN.
2275 E DESERT INN RD
TRUST
LIBERTYVILLE, IL 60048
LAS VEGAS, NV 89109
013 48TH. AVENUE
GREELEY, CO 80634
FRYE, RICHARD H. AND
SEYFFERT, STEVEN J.
ARIAS, VINCENT
MARCIA 80-015 MERION
PO BOX 2864
501 ARVIDA PARKWAY
LA QUINTA, CA 92253
ASPEN, CO 81612
MIAMI, FL 33156
GAMMILL, STEPHEN L.
ENGLISH, ROCCO F. AND MARIE
GROSS, CHARLES W.
2935 IROQUOIS
2819 ROCKINGHAM CIRCLE
POST OFFICE BOX 318
MEMPHIS, TN 38111
ORLANDO, FL 32808
IVY, VA 22945
GOELTSCH, ROBERT E.
MEREDITH, ROBERT AND
PARENTE, DIANE H.
502 BURNT HOUSE ROAD
KATHRYN
14 CAYMAN PL.
CARLISLE, PA 17013
10 SOMERSET
PALM BEACH GARDENS, FL 33418
RUMSON, NJ 07760
8047
BRANOFF, CHRISTOPHER
HINES HIGHLANDS LP
HALL, JACK M. JR.
9430 MALTBY RD.
P.O. BOX 4970
1630 WINDING CREEK CR
BRIGHTON, MI 48116
ASPEN, CO 81612
SNELLVILLE, GA 30278
CARRY, JAMES B. JR.
GRIMM, THOMAS R. JR.
CITY OF ASPEN
RD 1, 298 ELK CREEK RD.
SMITH COVE MEWS, 603
130 S. GALENA
LINCOLN UNIV., PA 19352
STEAMBOAT RD
ASPEN, CO 81611
GREENWICH, CT 06830
BUNIN JANE E
ZELANO, JOHN
PLOSKER, LARRY
4814 W MOORHEAD CIR
563 FIRST STREET
5216 VIA DEL CIELO
BOULDER, CO 80303-6156
HOBOKEN, NJ 07030
PARADISE VALLEY, AZ 85253
SCHLICHTEMEIER, ERNEST F.
BLANEY JERE
BLUEJAY AVIATION SALES, INC.
2650 PARKHILL DR
2930 BLANEY CT
23 PINE RIDGE ROAD
NORFOLK, NE 68701
LAS VEGAS, NV 89121
POUGHKEEPSIE, NY 12603
KAUFMANN, J. J. JR.
SHEA, COYLE REVOCABLE LIVING
FLETCHER BARRY P
1240 ALTAMONT ROAD
TRUST
CAPE TOWN 8000
GREENVILLE, SC 29609
6009 WOOD TRAIL DRIVE
SOUTH AFRICA
MEMPHIS, TN 38119
EDWARDS, TED L. CANNON, JOHN JR. SHAH, SHARFUDDIN
BOX 115 2911 BAY VISTA AVE 9301 SHANNONWOODS CR.
WAYNE, PA 19087 FL 33611 WICHITA, KS 67226
•
PFISTER, ARTHUR O.
P.O. BOX EE
ASPEN, CO 81612
HAYES, O. THOMAS III
ONE ROWAYTON AVENUE
ROWAYTON, CT 06853
LITSCHER, LARRY A.
175 PLEASANT VIEW AVENUE
LONGMEADOW, MA 01106
ARNOWITZ, SYLVIA
3700 ISLAND BLVD APT C408
N. MIAMI BEACH, FL 33160
LAMAN, WILLIAM H. AND E
MARGRIT
2301 CALLE LOS ALTOS
TUCSON, AZ 85718
ADCOCK, WILLIAM A.
BOX 452-322 FLORA
NEWBERN, TN 38059
FRYE, RICHARD H. & MARCIA
80-015 MERION
LA QUINTA, CA 92253
BENTLEY, BETTY JANE HALL
2485 MONTEREY DR
MARIETTA, GA 30068
BERMAN, MORRIS S.
5 WHISPERWOOD CT
BALTIMORE, MD 21208-1954
YOKELL JANE BUNIN
4814 W MOORHEAD CIR
BOULDER, CO 80303-6158
RUNGE, PAUL STITT, AUSTINE N.
12 GULLIVER AVE 1450 SILVERKING DR
VAUCLUSE NSW 2030 AUSTRIALIA ASPEN, CO 81611
BERMAN, MORRIS S.
5 WHISPERWOOD COURT
BALTIMORE, MD 21208-1954
CHEN, DAVID AND JANICE L.
290 CANTERBURY DRIVE
SAGINAW, MI 48603
BARNETT M EDWINA SPANJER, BYRON AND MARTHA
712 N LUCIA AVE #B 712 LARKSPUR BOULEVARD
REDONDO BEACH, CA 90277-2231 ACWORTH, GA 30101
MOERY, CLARENCE BRYAN JR. B AND B PROPERTIES
POST OFFICE BOX 1025 38750 HIGHWAY 82
WYNNE, AR 72396 ASPEN, CO 81611
HAWTHORNE DOUG SCHIRGER, WILLIAM E.
4325 DELCO DELL 14248 SAUNDERS ROAD
DAYTON, OH 45429 PECATONICA, IL 61063
P.D.K. LAND & DEVELOPMENT CHRISTENSEN, DENNIS D.
7120 N 46TH ST 121 SHILOH DRIVE
PARADISE VALLEY, AZ 85253-3223 MADISON, WI 53705
BORDEN, DOUGLAS C. HASSE, EARLEEN E.
250 MERCER ST., SUITE C-601 24678 FOOTHILLS NORTH
NEW YORK, NY 10012 GOLDEN, CO 80401
FISHBURNE, JOHN I. JR. BOLIN, JAMES EDWIN JR.
1717 ELMHURST AVENUE 4518 FAIRFIELD AVE.
OKLAHOMA, OK 73120 SHREVEPORT, LA 71106
PETERSON, RICHARD A. TEILBORG LIVING TRUST
ROUTE 16 BUTTERNUT DRIVE 3030 NORTH 3RD STREET
GREEN BAY, WI 54313 PHOENIX, AZ 85012
CLARK, LEE BROKEN HILL 2, LLC
6160 CAMINO DE LA COSTA 314 S GALENA ST
LA JOLLA, CA 92037 ASPEN, CO 81611
•
LA
GOWLIKAR, TULSIRAM
5132 LINCOLNSHIRE CT
DALLAS, TX 75287
SWEENY, JAMES H. III
44 W. FLAGLER ST., STE
MIAMI, FL 33130
FOSTER, KENNETH B
114 HIGHVUE DRIVE
VENETIA, PA 15367
PAHL, DENNIS J. AND PAULA D.
216 WILEY BOTTOM ROAD
SAVANNAH, GA 31411
POTTS, GREGORY V.
1800 5501 VIEW POINT DRIVE
DAYTON, OH 45459
JR. SCHROEDER, MARLENE
POST OFFICE BOX 809
ASPEN, CO 81611
BOLIN, JAMES EDWIN JR. AND
4518 FAIRFIELD AVE.
SHREVEPORT, LA 71106
OHANNES JACK
PO BOX 45562
DALLAS, TX 75245
ASPEN SKIING COMPANY
P.O. BOX 1248
ASPEN, CO 81612
MOORE JAMES E
PO BOX 126
WOODY CREEK, CO
MALONE, MARTHA N.
HIGHLANDS VILLAS, #14,
98 GLEN DEE RD.
ASPEN, CO 81611
HEDRICK PHILIP E
PO BOX 12883
ASPEN, CO 81612
TROTTER, EDWARD W.
HIGHLANDS VILLAS #10,
98 GLEN DEE RD.
ASPEN, CO 81611
CASSIN, LEE E.
HIGHLANDS VILLAS #8,
81656 98 GLEN DEE RD.
ASPEN, CO 81611
KNOWLTON DAVID C
11 CASTLE PINES DR N
CASTLE ROCK, CO 80104-9008
STERN, JOANNE K.
142 MAROON DRIVE
ASPEN, CO 81611
DAVIS, SILVIA M.
POST OFFICE BOX 11481
ASPEN, CO 81612
RADCLIFFE, NANCY L.
6 HIGHLANDS VILLAS
ASPEN, CO 81611
MARVIN, STUART AND SALLY
313 NORTH MIDDLETON ROAD
NANUET, NY 10954
JEFFERIES, BOYD L
P.O. BOX 8208
ASPEN, CO 81612
VAN ESS, LESTER JAY
420 WEST MONTAUK HWY
BABYLON, NY 11702
TIEHACK DEVELOPMENT CORP
9342 E CENTRAL
WICHITA, KS 67206
DAUGHERTY, JAMES H. JR.
18934 WAYNE ROAD
LIVONIA, MI 48152
HARLING, MALLORY T.
P.O. BOX B-3
ASPEN, CO 81612
SHIPP, BEVERLY A.
HIGHLANDS VILLAS, #11,
98 GLEN DEE RD.
ASPEN, CO 81611
LARSON, WENDY L.
HIGHLANDS VILLAS #9,
98 GLEN DEE RD.
ASPEN, CO 81611
WILLS, C. PRICE AND
HIGHLANDS VILLAS #7,
98 GLEN DEE RD.
ASPEN, CO 81611
WALDRON K BRENT PLASSMAN, ELIZABETH KENNY, PHYLLIS
720 E HYMAN AVE PO BOX 9762 HIGHLANDS VILLAS, #16,
ASPEN, CO 81611 ASPEN, CO 81612 98 GLEN DEE RD.
ASPEN, CO 81611
•
•
BUFFMAN,ZEV AND VILMA
0135 MAROON DR.
ASPEN, CO 81611
MAROON CREEK LLC
620 E HYMAN AVE
ASPEN, CO 81611
PYRAMID E S, INC.
10100 SANTA MONICA BLVD,
STE. 945
LOS ANGELES, CA 90067
HENLY, SHIRLEY M.
1835 POST OAK PARK DR.
HOUSTON, TX 77027
WILLIAMS, GINNY L.
160 CHERRY ST
DENVER, CO 80220
WALHART REALTY COMPANY
899 SKOKIE BLVD.
NORTHBROOK, IL 60062
POMEGRANATE DEV.
899 SKOKIE BOULEVARD
NORTHBROOK, IL 60062
STANFORD, BARBARA MOORE
POST OFFICE BOX 380
DURANGO, CO 81302
BARTHOLOW, TED O
CYNTHIA B.
3837 CARUTH
DALLAS, TX 75225
GUENTHER, JACK - TRUSTEE
1777 N.E. LOOP 410, STE. 1525
SAN ANTONIO, TX 78217
REDD MOUNTAIN HOLDINGS
2400 E COMMERCIAL BLVD
STE 820
FT LAUDERDALE, FL 33308
WILLIAMS, GINNY
299 FILLMORE
DENVER, CO 80206
WRITER, RUSSELL SCOTT AND
P.O. BOX 9705
ASPEN, CO 81612
HARTNETT, GEORGE F.
240 OLD FARM ROAD
NORTHFIELD, IL 60093
WEINGLASS, LEONARD
P.O. BOX 11509
ASPEN, CO 81612
ERICKSON, WENDY S.
P.O. BOX 400
ASPEN, CO 81612
DIAMOND, SARAH JEAN
PO BOX 4627
ASPEN, CO 81612
& BROKEN HILL 1, LLC
314 S GALENA ST
ASPEN, CO 81611
REYNOLDS, JOHN M.
POST OFFICE BOX 7903
ASPEN, CO 81612
STEIN, TUVIA
HIGHLANDS VILLAS #1,
98 GLEN DEE RD.
ASPEN, CO 81611
BURNS SUSAN L
8 MIDDLEGAP RD
HONG KONG
BOYD, GAIL BRONSON
P.O. BOX 4130
ASPEN, CO 81612
MATTISON, PATRICK B.
401 WHITNEY BOULEVARD
BELVIDERE, IL 61008
MINNESOTA RUBBER CO.
3630 WOODDALE AVENUE
MINNEAPOLIS, MN 55416
HEDRICH, VIRGINIA E., TRUST
1240 THORNAPPLE LANE
NORTHBROOK, IL 60062
HEDRICH, JON P.
1240 THORNAPPLE LANE
NORTHBROOK, IL 60062
GARY BARBARA ELIZABETH
PO BOX 2288
ASPEN, CO 81612
NICHOLSON, JOHN J. SILVER QUEEN TRUST PFEIFER, FRIEDL TRUST
9911 WEST PICO BLVD. 1450 SILVER KING DR. P.O. BOX 837
PENTHOUSE #A ASPEN, CO 81611 DES MOINES, IA 50309
LOS ANGELES, CA 90035
CHAMBERLAIN, DAVID GIBRALTER WEST LTD ALBERT, GARY
REVOCABLE TRUST 730 E DURANT AVE STE 200 725 W SMUGGLER
P.O. BOX 7926 ASPEN, CO 81611 ASPEN, CO 81611
ASPEN, CO 81612
FINLEY, KATHRYN
17 E SCOTT
CHICAGO, IL 60610
AROON RUN RANCH LLC
10 UPLAND ROAD
ORK, PA 17403
SAFIR, ANDREW J.
6380 WILSHIRE BLVD STE 1604
LOS ANGELES, CA 90048
PLUMMER, WILLIAM H
300 S WACKER STE 900
CHICAGO, IL 60606
MC EWEN, JERRY WILLIAM
7374 COTTON PLANT COVE
MEMPHIS, TN 38119
DE BOER, MARILYN S. REVOCABL
TRUST
8100 E 22ND ST BLDG 500
WICHITA, KS 67226
LAYSTROM, CARL W.
3951 NE 16TH. TERRACE
FT. LAUDERDALE, FL 33334
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PUD Summary
pw
8
Land Use and Location
Zoning
Area Ac.
W Area
1 L lodyc rocMJ
1.
Commercial and Lodging, Lot
51 Jry NJckays
T
10.5
2.8
rjLL
2.
Multi -Family Residential 3 7 4o,,u, 6w s
Lots 17, 18,50
AR-2
9.9
2.7
2
3.
Single Family Residential,
10,000 sf.
Lots 1-3, 5, 12, 16, 41-45
R-30
29.8
8.1
3
4.
Single Family Residential,
6,000 sf.
Lots 4, 6-11, 19-31, 40, 46-48
*See PUD Notes 8 and 9.
R-15
17.5
4.7
5.
Single Family Residential,
5,500 sf.
Lots 32-39 *See PUD Notes 8
and 9.
R-15
3.3
0.9
6.
Employee Housing
4
Lots 13 and 52
PMH
4.5
1.2
7..
Skiing, Lots 14, 15, 49
and Powder Panda Lease
AF-SKI
38.9
10.6
8.
Golf Course
AF-1
172.5
46.8
5
9.
Common Open Space
AF-1
71.7
19.4
10.
Roads - ROW and Easements
N/A
10.4
2.8
TOTAL
369.0
100.0
E
Development Program
1. Residential
a. Single Fami - 43 lots with 11 allo%Not
to 10,0 0 sf, of floor
area, 24 allo ng up to 6,000 sf. ofarea, and allowing up
to 5,500 sf. of loor area. *See PUD8 and 9.
7
b. Multi -Family - 37 townhouse with a maximum aggregate floor area
elopment Program
3.
Residential
Single Fami - 43 lots with 11 allow g up to 10,0 0 sf. of floor
area, 24 allo 'ng up to 6,000 sf. of fl or area, and allowing up
to 5,500 sf. of loor area. *See PUD Not 8 and 9.
a.
M
c.
37 townhouse with a maxim aggregate floor area
Multi- 'lY floor area. No
of 148,0 0 sf. excluding unde ground garag
individual townhouse unit shal exceed 4,80 sf. See PUD Note 9.
Employee Housing - 39 m iti-family units including 13 1-bedroom,
13 2-bedroom and 13 3-be room units plus 1 single family lot of
6,000 sf. minimum. Appli nt will construct up to ten (10)
additional units; provided hat the County shall, during
the
and
course of the design and con truction, pay
all soft) associated with such ad itional units together with all
management and operation costs associated therewith.
Commercial
a, Additi n of 28,900 sf. to existing Grand Champions Club including
full se ice golf clubhouse, cart storage and maintenance
facility.
b. Snack bar/�lfway house of 1,200 sf. on golf course.
C. Championsh!�\18 hole golf course.
d. Addition of 1 9 parking spaces at Grand Champions Club.
Lodging
7.
B.
a. Addition of 1 lodge rooms at 580 sf. each (6,960 sf.) to Grand
Champions Club.
t
. � } F..� �1• 'e p jY t } Il 7, � j1 l ` 1 y i•W 1'V '... . n� j
l r
AGENDA
ASPEN PLANNING AND ZONING COMMISSION
SPECIAL MEETING
TUESDAY, OCTOBER 22, 1996, 4:30 PM
SISTER CITIES MEETING ROOM, CITY HALL
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
III. NEW BUSINESS
A. Maroon Creek Club Rezoning, Mary Lackner
IV. ADJOURN
qrp,-0 env a�
•
•
MEMORANDUM
TO: Aspen Planning and Zoning Commission
RE: Maroon Creek Club Rezoning
FROM: Mary Lackner, Planner
DATE: October 22,1996
SUMMARY: This application was reviewed and approved by the Planning Commission
on August 6,1996. After this meeting, and prior to 2nd reading by Council, staff realized
we did not provide proper public notice. There are no changes to application, however
the Planning Commission should be aware that the City Council annexed the Maroon
Creek Club Subdivision at their September 24th meeting. State regulations require that
newly annexed parcels be rezoned within 90 days.
REQUEST: This is a staff initiated rezoning map amendment in response to the
annexation of the Maroon Creek Club Subdivision into the City of Aspen. The developers
of the Maroon Creek Club Subdivision filed a water service agreement with the City of
Aspen and agreed to annex the parcel in 1991. The City has followed up on the
annexation of this subdivision. The Pfeifer land lease for a 55 acre portion of the golf
course, indicated as letter D on the map, is not included in the annexation or rezoning.
SUMMARY: Staff is recommending approval of this rezoning. The Maroon Creek Club
Subdivision contains approximately 369 acres. The project has obtained approvals from
Pitkin County that were completed in 1993. The project consists of a golf course, 42 single
family residences, 37 townhomes, 50 affordable dwelling units, and the redevelopment of
the Grand Champions Club to accommodate nine tennis courts,12 lodge rooms, an 8,000
sq.ft. maintenance facility, and 30,100 sq.ft. addition to the club.
Staff is proposing that this parcel be rezoned with a PUD overlay over the entire parcel
and the use of eight existing zone districts to reflect current approvals on the various
parcels.
APPLICANT: City of Aspen.
LOCATION: The Maroon Creek Club Subdivision is located adjacent to Highway 82
immediately west of the Maroon Creek Bridge. Two Pfister out -parcels and the City of
Aspen water tank parcel are being considered in this rezoning. The Pfeifer land lease is
excluded from the rezoning and annexation.
ZONING: Exhibit A and Map A illustrate the existing County zone districts that are in
place in this subdivision. Exhibit A and Map B contain the proposed City zone
designations for the subdivision.
STAFF COMMENTS: This section of the memorandum is broken down into the
following categories to review compliance with the adopted land use regulations of the
City of Aspen:
General Issues
Rezoning (Map Amendment)
General Issues
Staff has reviewed the Detailed Submission and Final Plat documents of the Maroon
Creek Subdivision to determine the approved development and existing zoning of this
subdivision.
Due to the extensive development approved for this subdivision (there are 52
development lots and 21 golf course/commons parcels) staff is recommending eight
different zone districts to be applied to various parcels. Staff is also recommending a
PUD overlay for the entire subdivision and an SPA overlay on Lot 51 which contains the
Grand Champions Club.
The project was a complex PUD with extensive negotiations for the number and size of
residences, floor area calculations, and siting of residences for limited visual impact. The
annexation was adopter? with the understanding that the existing development approvals
for the Subdivision are carried forward into the City. Future amendments to the
development plan would be reviewed pursuant to the amendment process adopted in the
Aspen Municipal Code.
Rezoning (Amendment to the Zone District Map)
As part of the annexation of this property into the City, rezoning of the property is
required. Section 26.92.020 establishes the following review criteria for a rezoning
application.
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
Response: The recommending rezoning complies with all provisions of the Aspen
Municipal Code.
2
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
Response: The annexation of the Maroon Creek Club is compatible with the AACP and
more specifically the Annexation Element of the plan that was endorsed by the Aspen
Planning and Zoning Commission on June 18,1996 and approved by City Council on July
8,1996.
C. Whether the proposed amendment is compatible with
surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
Response: The surrounding neighborhood is a mix of residential, lodge uses, and
recreational uses. The rezoning of the parcel to compatible city zone districts maintains
the project integrity and conditions of approval imposed by the Board of County
Commissioners. No changes are proposed to the project elements.
D. The effect of the proposed amendment on traffic generation
and road safety.
Response: Since this is a rezoning for the purposes of zoning newly annexed parcels, no
traffic safety or generation issues are created. However, an original condition of
approval of the project was to build the grade -separated interchange at Tiehak Road and
Highway 82. This has been constructed and has decreased traffic crossing Highway 82 as
a result of this development.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether
and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but
not limited to transportation facilities, sewage facilities,
water supply, parks, drainage, schools, and emergency
medical facilities.
Response: These items were addressed and mitigated for in the County approvals of the
project. No additional demands are anticipated as a result of this annexation/rezoning.
VI
0 •
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
Response: These items were addressed and mitigated for in the County approvals of the
project. No adverse impacts are anticipated as a result of this annexation/rezoning.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of
Aspen.
Response: The annexation and rezoning have been evaluated for compatibility with
community character in the original reviews. No changes are being proposed and
therefore the project is considered to meet this standard.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which
support the proposed amendment.
Response: There are no changed conditions relating to the rezoning that will affect the
surrounding neighborhood. In the future, the annexation may result in additional lands
being eligible for annexation as the City boundary has extended to the west.
I. Whether the proposed amendment would be in conflict
with the public interest, and is in harmony with the purpose
and intent of this chapter.
Response: The proposal is consistent with the standards of the Aspen Municipal Code.
SUMMARY: This is a straight -forward request for rezoning, as the property already has
full development approvals and has proceeded with construction. The rezoning is
essential to the annexed lands of the subdivision into the City of Aspen. Staff has done its
best at identifying compatible city zone districts and is recommending eight to be applied
to various parcels within the subdivision. Since the subdivision was a PUD in the
County, and there are several differences between City and County zoning, staff is
recommending that the entire subdivision be rezoned with a PUD overlay in addition to
the individual parcel zoning.
RECOMMENDATION: Staff recommends that the Planning Commission forward a
recommendation of approval for rezoning the Maroon Creek Club Subdivision as follows:
An
•
•
Pfister Outparcels
Water Tank Parcel
RR
C
PUD Overlay on all lettered and numbered parcels
Lot # Proposed Ci .� Zoning
1-5
RR
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13
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51
RR/SPA
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D
excluded Pfeifer land lease parcel
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L-N
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WP
T-U
OS
PROPOSED MOTION: "I move to recommend that City Council adopt the rezoning of
the Maroon Creek Club as outlined in the October 22,1996 memorandum to the Planning
and Zoning Commission."
Exhibits:
A Table of existing and proposed zone districts. Brief description of the
approved development for each lot.
5
Maps:
A Maroon Creek Club Existing County Zone Districts
Maroon Creek Club Proposed City Zone Districts
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TO Mary Lackner
MESSAGE DISPLAY
From: John Worcester
Postmark: Oct 02,96 5:24 PM
Status: Previously read
Subject: Reply to: Maroon Creek Club
Reply text:
From John Worcester:
City annexed with understanding that we would honor all County
approvals. County and developer are still on the hook for the
agreements in approvals (i.e. bridge, etc.)
Preceding message:
From Mary Lackner:
I am preparing the rezoning memo for P&Z and would like to accurately
represent the development approvals that are in place for the
subdivision. Did the City annex the subdivision with all existing
PUD/Final Plat/Subdivision/SIA agreements in place? Does the City
take over the responsibility to collect on the represenatations made
in these approvals (MC Ped Bridge $, etc.) or are these agreements
still between the developer and the County?
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TH1 5 LAP/ DR AWI NO 1 5 A GRAPHICAL
REPRESENTATION OP THE FEATURES
DEPICTED AND IS NOT A LEGAL
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MAT CHA NON DE P ENDI NO ON THE
ENLARGEMENT OR RED L'CTl ON.
800 1.er
1996 CI y eJ AAn
Memorandum
TO: Stan Clauson, Community Development Director
FROM: Mary Lackner, Planner
RE: Maroon Creek Club Rezoning
DATE: March 5, 1996
--------------------------------------------------------------------
--------------------------------------------------------------------
This memorandum is in response to your request for the recommended rezoning classifications
for the Maroon Creek Club which is being considered for annexation into the City of Aspen. I
have reviewed the Detailed Submission and Final Plat documents to determine approved
development and existing zoning of this project.
Due to the extensive development. approved for this subdivision (there are 52 development lots
and 21 golf course/common parcels) staff is recommending eight different zone districts to be
applied to various parcels. We are also recommending a PUD overlay for the entire subdivision
and SPA overlay on some of the ski area parcels and Lot 51. Staff also recommends that the
existing portion of the Maroon Creek Club which has been annexed by the City be rezoned from
OS to P, because the OS zone does not permit a golf course. Staff has attached an existing
zoning and proposed rezoning map as exhibits to this memorandum.
This project was a complex PUD review with numerous negotiations for the number and size of
residences, floor area calculations, and siting of residences for limited visual impact which would
be unnecessary and very difficult to recalculate under the City zoning requirements. The
recommended rezoning for each parcel takes into consideration the type of development
proposed for the site and would enable the PUD approved setbacks, floor area, and height
requirements.
The most significant difference between the County zoning and the City zoning is that the R-15
zone district in the City permits a 25 foot residence and a duplex unit and the County permits a
28 foot residence and only a single family residence. The City's RR zone district is consistent
with the County's R-30 district in that both permit a 28 foot residence. It is staff's opinion that
by approving an annexation agreement that adopts the entire PUD with the existing agreements
between the County and the developer, these variations will comply with the Aspen Municipal
Code.
Staff recommends that the Maroon Creek Club be annexed with all PUD, General Submission,
Detailed Submission, Final Plat, and Subdivision Improvements Agreements carried forward for
implementation by the City of Aspen. Future variations to the development proposal would be
reviewed pursuant to the amendment process of the PUD, and on certain lots the SPA, overlay
areas.
Exhibit "A" provides an analysis of the approved development, current County zoning, and
recommended City zoning for each parcel within the Maroon Creek Club. Staff has also
provided an existing and proposed zone district map for this subdivision.
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