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Home My WebLink AboutLand Use Case.101 Buttermilk Summer Rd.0013.2011.ASLU0013.2011.ASLU 101 BUTTERMILK SUMMER ROAD 273511 3 09 049 ESA 8040 FINAL PUD & AMENDMENT 0 P BOX PT> - 0% e. Tv 3j oa~tauf er, Ill 1,1 THE CITY OF ASPEN /11 8 1(1-0 n ~ b f a t City of Aspen Community Development Department E C U L 6 4 6 CASE NUMBER 0013.2011.ASLU U t q 9, ) (i 1 11 PARCEL ID NUMBER 2735 11 3 09 049 PROJECTS ADDRESS 101 BUTTERMILK SUMMER RD PLANNER JESSICA GARROW CASE DESCRIPTION ESA 8040 FINAL PUD AMENDMENT REPRESENTATIVE ASPEN SKI CO DATE OF FINAL ACTION 5.23.11 CLOSED BY ANGELA SCOREY ON: 8.16.11 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Property Owner's Name, Mailing Address and Telephone Number Aspen Skiing Company, PO Box 1248, Aspen, CO 81612,970.925.1220 Legal Description and Street Address of Subject Property Lot 49, Maroon Creek Club Subdivision, Aspen, CO Written Description of the Site Specific Plan and/or Attachment Describing Plan Insubstantial Amendment to the approved Planned Unit Development and an 8040 Greenline Review. Approval grants the ability to construct a new ski lift at the base of Tiehack. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Administrative approval by the Community Development Director for an Insubstantial Amendment to the Maroon Creek Club PUD and 8040 Greenline Review, issued on May 18, 2011. Effective Date of Development Order (Same as date of publication of notice of approval.) May 29,2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) May 29,2014 Issued this 29th day of May, 201 L by the City of Aspen Community Development Director. (Â»*Lt Chris Bendon, Community Development Director 409 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: to-ts 4 9, 14 j HÂ«00-On Creet , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, .h--,2.4, AC_-0-1 (name, please print) being or reprlsenting an Applicant to the City of Aspen. Colorado. hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: L.0/00'~Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. 4- ,-Sce-.--I- L-- Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2 day U V of .JU12- , 20(6 by .>401/Vl-e,(A- Sr~<p-~-t-n WITNESS MY HAND AND OFFICIAL SEAL ~ItfE My commission expires: -11 Â£64 ll DEVELOPMENT APPROVAL I Notice is hereby given to the general public of the I approval of a site specific development plan. and I the creation of a vested property right pursuant to ~ the Land Use Code of the City of Aspen and Title 1 24, U Ria- fat_u-14YF Article 68, Colorado Revised Statutes ~ Notary Pubfic I perlaining to the following legally described ' 1 properly: Lots 49,14, and R, Maroon Creek Club 1 Subdivision, Aspen, CO, the property commonly I known as the base of Tiehack by order of the City I of Aspen Community Development Department on I May 18,2011. The Applicant received approval for I a PUD Amendment and an 8040 Greenline I Review for a new sid lift. For further information ATTACHMENTS: I contact Jessica Garrow, at the City of Aspen I Community Development Dept. 130 S. Galena St, ~ Aspen, Colorado (970) 429-2780. COPY OF THE PUBLICATION ~ s/ City of Aspen Published in The Aspen Times Weekly on May 29, 2011, [6562761] Memorandum Date: May 3,2011 To: Jessica Garrow, City of Aspen Planning From: Brian Flynn, Parks Department Re: Tiehack Lift Replacement Referral Comments A) Tree Permit: A fully approved tree removal permit and mitigation plan is required prior to submission of any permit, building, demo, access or land permit. Please contact the City Forester at 429-2026. The tree permit should outline protection o f existing trees, drip line excavations and mitigation for any removals. As referenced in Chapter 13.20 of the City Municipal Code. B) Tree Protection: 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage o f materials, storage of construction backfill, storage o f equipment, foot or vehicle traffic allowed within the drip line o f any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 2) Any access across or through the area o f protection is prohibited at all times C) Wildlife Protection: The area identified for vegetation removal is roughly half acre of land located within a 22 acre parcel. The entire parcel is made up o f a willow, service berry, choke cherry and oak understory with a canopy of aspen and several conifer species. Adjacent to the area of impact is an active ski run and the area is bisected by the Government Trail. The removal of the vegetation along the proposed lift corridor will have some impact to vegetation and wildlife. However, the changes to the forest ecosystem will result in more positive habitat characteristics for many wildlife species. The benefits will not be immediately recognizable and will occur at various times for various species. Minimal impact will occur in the avian species due to the loss of roosting and predatory possibilities. Large game, prey and predator species will benefit from the vegetation removal. These species will take advantage o f the new growth that will result from the loss of the tree canopy. The predator and prey species are known to adapted to and use these open corridors (fringe species) as a means of travel and forage. Considering the areas location and existing impacts from recreation, Staff doesn't believe that the removal of vegetation will have any additional impacts beyond that, that already existing today. RECEPTION#: 580269, 06/01/2011 at I3:15:04 PM, 1 OF 3, R $21.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPRC For Insubstantial PUD Amendment and an Exemption to 8040 Greenline Review at Lower Tiehack, Legally Described as: Lot 49, Maroon Creek Club Subdivision, Aspen, CO Parcel ID No. 2735-113-09-049 Lot 14, Maroon Creek Club Subdivision, Aspen, CO Parcel ID No. 2735-113-09-014 Lot R, Maroon Creek Club Subdivision, Aspen, CO Parcel ID No. 2735-112-09-055 APPLICANT: Aspen Skiing Company, PO Box 1248, Aspen, CO 81612 OWNER: Lot 49: Aspen Skiing Company, PO Box 1248, Aspen, CO 81612 Lot 14: Maroon Creek Club Master Association, 300 S Hunter St, Aspen, CO 81611 Lot R: Maroon Creek Club Master Association, 300 S Hunter St, Aspen, CO 81611 SUBJECT & SITE OF AMENDMENT: Amendment to a PUD and an Exemption from 8040 Greenline Review for Lots 49, 14, and R of the Maroon Creek Club Subdivision, commonly known as Lower Tiehack, involving the replacement and relocation of Ski Lift facilities. The applicant is requesting an Insubstantial PUD Amendment, pursuant to Land Use Code Section 26.445.100.A, and an Exemption to 8040 Greenline Review, pursuant to Land Use Code Section 26.435.030.B. SUMMARY: The Applicant has requested an Insubstantial PUD Amendment and an Exemption to 8040 Greenline Review in order to replace the two Tiehack Lifts with a single Tiehack Lift. The lower portion of the new lift is located in the City, and the remaining portion is located in Pitkin County. A separate planning approval from Pitkin County is being pursued for the portion of the lift that is located in Pitkin County. The lift will cross Lots 14 and R, so an easement over these lots is required. No lift structures will be on Lot R. STAFF EVALUATION: Staff finds that the request meets the requirements of an Insubstantial PUD Amendment and an Exemption to 8040 Greenline Review. The proposal will decrease the size of the lift attendant buildings by approximately 250 sf. ft. Ski Lifts and associated facilities are permitted as part of the Maroon Creek Club PUD, and the proposed lift realignment is consistent with the original approvals. DECISION: The Community Development Director finds the request to replace the Tiehack Lift as noted above and in Exhibit 'B' is consistent with the review criteria (Exhibit B) and thereby, APPROVES the exemption as specified below. 1. The applicant must submit a revised plat identifying the easements over Lots 14 and R, and the location of the new lift. 2. No lift towers or other structures that touch the ground are permitted on Lot R. pg. 1 3. The outline on the site plan attached as Exhibit A represents the area that is approved under this approval. 4. All the improvements shall comply with the City's Urban Runoff Management Plan and Construction Management Plan requirements. 5. The applicant shall receive a tree removal permit from the Parks Department prior to application for a Building permit. In addition, a vegetation protection fence must be erected at the drip line of each individual tree or grouping of trees remaining on site. A formal plan indicating the location of the tree protection is required as part of the Building Permit Application. APPROVED BY: 14 Ib I qot i Chris Bendon Date I Community Development Director Attachments: Exhibit A - Approved Site Plan Exhibit B - Review Standards pg. 2 Exhib it A I , \ . . 4,7#.-2.4--,A,4- N OO' 33' 02 " 11_262,3iEL- . - -- Â£- \11 ---- . - .% <\ <444--*'. I : -;fr-2.- / . Up~rTikhack Lift ~11 1 21 /\ - i tg ..44 pi I ,/ \ \ 0 tri, A Tieha~Quad * \ i g 73 1 5 JU- ' kv . ' '.73 r â€¢ HOC Common A ea /6\ h ; 14 , I 44 f Lower Tiphack Lift 1. 1 0-,C * -44. 7th -,/13Â§r)7 (*.) C t.- 1 tr' t.Â· tp { I 1Â· 3~- t,~,:~ p h= S.2 9 ' I, , -- - ~~3 p-) Otl- 4~ 0 ,~ r~ \ ~f;. ~of on Â·14 .tft) t 7. / .... #20 51 Â·:6*trÂ· ~ ~ ~ '46703 \\A , f >, 14\ L D r /1 4 ' 2 4 2 C H 4 (.19.) '., Â« \ 1 1.3 (. . -4 11 1 -1 6 1 CY . 'MIll Ul 1 v -=X .0 \ 1 . LE 1.,1 'Po 1 - 14 + râ€¢ ' 1212 -41 /5 -3 0 I 0 't '55/ i /2/ . ~ nOW LAA, OUTH Mgor-g---<re Â· \ Â£ i /1.0 4 45 \ 1, 1,9 111 ;79wizii-~pRioxi:ifÂ® ~1~~* t '. (:01 1 (O) 0 1 -%1 f=h ,\ 4-k } h, f / p 0 1 RM Â»' /<17/'18 0 1 07''I /0- tv P Cr ' 3.1 1 k 7 g g _' 2'ix. 04/C,4 i. ''ITA r >6/ 12Â» . #J .1 For.h 1 /*DE. la// f \\ 0>33'-,0 4(1)+ , 40,r I: \ r), 4,8,2 r< ' 140, C '~-M 0 <-1\ 1~ t ks 1,1/*2041 tibili< f 4 1- ,Â·Q Â·Â· F 1 4 1-0.J ~ ; 6 PA , I' i X72 j @8 4Â©3 1 .* .. 1. -ar I / 0. 5, :, 1 (~,; 9 --~ ' 2 < 24/43 0 ~ 11\. Jl 4- 11212Â£1.-4 h;,F........3342 .ga (. .~ 1 1 1.y:\G 4% / 60 W A -f, . -Â·1222~ 4 Ch k. U. 4.9 '4 , -1Â¥b ca<AO.L-/7-or,6,~ c.â‚¬ Â· i, D A , 0 /-' 04% f C 0,44 ) 19 1 j 4; r~~ ~~~13 9,5-4'9 14 - g : I 42,~.4 t~*~FF.f~~ ' , -- 1 - 1 .3-Â·- cir' a /0 / '- - h... 0 ' 030 \ ---49%544'4<Â·Vt , 84 00 4. 4- 44' i j ': 4' LA V - A --2 lin j ,(P , b '1- 'i " ..U C- hi ..0 40,1, - E (7' lyn 3 T Tri 10 (8 r 40.. 0 -1 13 --1 G:Â° En n -21 -. 4, - ,)1707nw-4Â·~bi.: 1 - 0.11)7 .1. r --- - G r- 1 . - - ./4 340 ,-4 '.-r * ,OP , 1 T -D 18 r, r~ Ely), 6<,L t '2 i 0 1 U.lk I I ./222& r-- t\..4 \ i TIE HACK LIFT AREA , == er \ 3-1--- 0,\ \ 80 PROPOSED LIFT EASEMENT MAP \\ T \\ I 0% 1 '\ 1 1 N90Â°00'00"E ~ fd 1 1 93.00' 1 E|%3 | | 614 0 20 40 80 0904 0 0 1" = 40' - N76Â°0~ 4 0 - 88.0 l - , *Â§6 PROPOSED EASEMENT B - - y y ) 1 1 ,y, - BEGINNING ATA POINT FROM WHICH THE 5/ 0 - 29/ ENCROACHMENT EASEMENT A # f 4, NORTHEASTERLY CORNER OF THE COMMON AREA OF 11-11 .1 THE MAROON CREEK DEPICTED N I i i i 4%9.2 0/ AS COMMON AREA LOT "R" (BOOK 33 PAGE 13) BEARS EAST FOR 24.32 FEET. THENCE WEST FOR 93.29; r pey // 4/7, 2 9 THENCE S61Â°09'30"W 350.99 FEET; THENCE S42Â°19'56"W 94.277 FEET; reiff>Le 408 1 THENCE S19Â°52'33"W 22.10 FEET; rit THENCE N61Â°09'30"E 538.54 FEET; /, 1 TO THE POINT OF BEGINNING; CONTAINING 20,412 SQ. FT. MORE OR LESS 93.290- 247.32' 0 COMMON p* LOT 14f /' i - N 90Â°00'00" E Ie AREA LOT & 4 i:. PROPOSED EASEMENT A Â©Alow ' - ~ 1, R,1 .$6901 COMMON 1'> Go AREA LOT 220~6-F. Â»i- 36 / / - _---r'%:20 ENCROACHMENT EASEMENT B 7 LOT 13 r.px 1- BEGINNING AT THE NORTHERLYMOST PROPERTY MMON 4 / 61:Xess \ THENCE S61Â°09'30"W FOR 50.16 FEET; o CORNER OF LOT 14 THE MAROON CREEK CLUB IN BOOK 33 AREA LO 6 , di fÂ·~~â€¢ 0 LOT 9 PAGE 13 BEARS THENCE S76Â°02'24E FOR 30.35 FEET; 0 THENCE N24Â°41'02"E FOR 34.78 FEET; TO THE POINT OF BEGINNING; , r Â¢ .4 1 9306%39 1.5~22.Ja, o CONTAINING 518 SQ. FT, MORE OR LESS, . 96% /1,~~L'd On 0 1 h i -------7 04*, O% 34 N. &64 0 '166 h LOT 8 44 /r// - OP LOT 12 ,/ 0 % COMMON 6 * LA 1 / th ~ps/y Ic cyÂ¢96 /0\ 9 li- \ 1 ~\ 00 - Py,6 AREA LOT Â°'Â° \ %100 11 Dll 0 1 Fi I de.99> l \ 1 44 / <it \\\00 LOT 7 ' 0, I /2 1 F \ 1 \\\ \ 2.09 1 HIRED GUN SURVEYING LTD. DATE SURVEYED: 11-18-2010 DATA FILE NAME: 1011139 In no event may any action based upon any defect In this survey be commenced more P.O. BOX 9 DATE DRAFTED: 11-19-2010 than ten years frorn the date of the certification shown hereon DRAWN BYÂ· TY SNOWMASS, COLORADO 81654 REVISED: 3-7-2011 (970)923-2794 -J Zort= Sec. 26.435.030.8040 Greenline review. B. Exemption. The Community Development Director may exempt the expansion, remodeling or reconstruction of an existing 8040 Greenline development if the following standards are met: 1. The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent (25%); and Staff Finding: The proposed lift re-alignment will not increase the amount of Floor Area on the property. The amount of Floor Area is actually decreasing with this approval, There are currently three lift attendant buildings, totally approximately 450 sq ft. With the new lift alignment, only one lift attendant building totally approximately 250 sq. ft. is needed. Stafffinds this criterion to be met. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section; and Staff Finding' The proposed lift re-alignment will require the removal of trees. The Applicant has applied for a tree removal permit from the Parks Department. The Applicant is required to have an issued tree removal permit prior to application for a Building permit. In addition, a vegetation protection fence must be erected at the drip line of each individual tree or grouping of trees remaining on site. A formal plan indicating the location of the tree protection is required as part of the Building Permit Application. Sta#finds this criterion to be met. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Staff Finding: The structures associated -with the lift installation will not affect a geologic hazard, and will not result in increased erosion or sedimentation. The Applicant must abide by the Urban Runoff Management Plan and follow the City's Construction Management Plan requirements. These items must be included as part of the Building Permit Application. Sta#finds this criterion to be met. 4. All exemptions are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1, an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.C. Staff Finding: There are no previous 8040 Greenline Exemptions associated with this PUD. Stafffinds this criterion to not applicable. Page 1 of 3 Sec. 26.445.100. Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff Finding: The replacement of the two Tiehack lifts with one lift is consistent with the PUD's original approvals. The approvals allow Ski Lifts and associated structures, but do not specify the location or number. Sta#finds this criterion to be met. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. Staff Finding: The proposal will decrease the overall coverage of structures on the land. Stafffinds this criterion to be met. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Staff Finding: The replacement of the two Tiehack lifts with one lift is not expected to increase trip generation. There is a traffc management plan in place for all special events, which is consistent with the original PUD approval In addition, the PUD specifies the number Of parking spaces in the area, and no additional spaces are created through this approval. Stajffinds this criterion to be met. 4. A reduction by greater than three percent (3%) o f the approved open space. Staff Finding: The application does not reduce the amount of Open Space. Staff finds this criterion to be met. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. Staff Finding: The application does not change the parking or loading configurations. Staff finds this criterion to not be applicable. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Finding: The application does not change the pavement widths or rights-of-ways. Staff finds this criterion to not be applicable. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. Page 2 of 3 Staff Finding: The application does not change the gross leasable floor area in the PUD. Stafffinds this criterion to not be applicable. 8. An increase by greater than one percent (1%) in the approved residential density of the development. Staff Finding: The application does not impact the residential density of the PUD. Staff finds this criterion to not be applicable. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff Finding: The application is consistent with the original PUD approval. The original PUD contemplated Ski Lifts in this area. Stafffinds this criterion to be met. Page 3 of 3 M.AROON CREFK (1.1 1% MASTER ASSOCIA'11<)N A COL.ORADO NO\PROF! i CORPORA-HON 300% m iNTER S rREEl'. ASPEN CO 8161 1 February 24. 3011 VI.4 Email to illkaplan*aspenstiowniass.com 17.4 Email to dbelltick@aspensnowmoss.com Mike Kaplan. President and CEO David Bellack. Vice President and General Counsel Aspen Skiing C ompany P.O. Box 124% A Rpen. CO 81613 Re: Maroon Creek Club Master Association ("MCC Associatioll'3) Consent to Prefen-ed Alignment of Aspen Skiing ('ompany (-SkiCo") New High-Speed I.itt at Ticliack Ski Area ("New Tiehack Lift") which cmsses a portion of Maroon Creek Club Subdivision & P.U.D. ("MCC Subdivision") Dear Mike and David: in accordance with out previous communications, this letter is to confirm that the MCC Association consenth to Ski('()'s preferred aligninent ofthe heu. Tiehack 1.ift as sliown in ied on the littitched *~Exhibit A" and labeled as -Tiehack Quad." The Association understands und agrees thal thealiumnent will cross Parcel "R" and Lot 14 of the MC'C Subdivision, The consent described herein is subiect to and contingent upon subsequent full execution of a multially agreed upon Easement Agreement which will contain provision> lor. (1) the indemnification of the MI'(' Association and all homeowners within the MCC' Subdivision bv SkiCo from any and lili claims arising fi'om the installation. ope:ration. and maintenance of tile New Tichack Lift. Und (2) SkiC.'o naming MCC Association and MCC' Subdivision homeowners as additional insured parties under the Ski(Fo policy of insurance ibr said potelitial claims. Sincerely. dll /4 -d LA; 1 1 : ht :I bit President N Maroon (heek C lub Nlaster Association : 11 A 11 Exhibit \ h j, 1 milm V.': t ./ h ./. 1 4 - . i \ i Upperflehack Lift 1 1 43 ril 'Sk> Tiehack Quad * i i. Vt{ 1 \ Lower Tiphack Lift .$. 1 1 / i *"09* i. 1 ' ~ k . ~ 24/ i /./ f Â£ 2 >4. . 1 1 2,1 r. 3 1 . 1 11 1 ND ./\ 1 1 nom LA t / f \ 7/ 4)1) T 1-1 ~ ME,4>3'lfojn L LIL,j } ' -~0> \ / 'tv 40 \ .1, , .841 \ #/ \ 2/ f / / t , 0 \ N.4 1 1.'' -' / <24. 1 , 1 1 N.-1 %,-~ ~~~ - ,Â» k . 'D:14 t ' , '/ 130Â» 12 1-'.1.. . ; I B Â£ %-lz'-'1" err fÂ» / . IllÂ«Â¥. 3/ 1 - i t en -I k, b t 4 r 1 i , 1 A 2/ 1 - \ U f Zl Jessica Garrow From: Tricia Aragon Sent: Monday, April 25, 2011 9:05 AM To: Brian Flynn; Jessica Garrow CC: April Long; Larry Doble Subject: RE: Tiehack Lift land use application Attachments: image001.jpg Follow Up Flag: Follow up Flag Status: Flagged Jessica, I'm not sure how much impervious area they will be disturbing at the base. If it's less than 1000 sf then they would need to provide for the water quality capture volume(WQCV). If it is greater than 1000 sf then they would need to provide for detention along with the WQCV. Instead of getting into the details of what they would need to provide I would just ask that they follow our Urban Runoff Management Plan for their building permitsubmittal. Additionally I would like them to follow our Construction Management Plan requirements when they submit for building permit. Trish Aragon, P.E. City Engineer City of Aspen 130 S. Galena Aspen, CO 81611 Phone: (970) 429-2785 Fax: (970) 920-5081 From: Brian Flynn Sent: Monday, April 25, 2011 8:47 AM To: Jessica Garrow; Tricia Aragon Subject: RE: Tiehack Lift land use application It works we have been working directly with Victor on the tree removal Brian 1 19 iin Open SpactÂ· and Special Projects ilanager (P)970.4:29-2035 C 1.)970-920-5128 .SASPEN i PARKS & RECREATION From: Jessica Garrow Sent: Thursday, April 21, 2011 4:49 PM To: Tricia Aragon; Brian Flynn Subject: Tiehack Lift land use application 1 Memorandum Date: May 3, 2011 To: Jessica Garrow, City of Aspen Planning From: Brian Flynn, Parks Department Re: Tiehack Lift Replacement Referral Comments A) Tree Permit: A fully approved tree removal permit and mitigation plan is required prior to submission of any permit, building, demo, access or land permit. Please contact the City Forester at 429-2026. The tree permit should outline protection of existing trees, drip line excavations and mitigation for any removals. As referenced in Chapter 13.20 of the City Municipal Code. B) Tree Protection: 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 2) Any access across or through the area of protection is prohibited at all times MUST BE POSTED ON PROPERTY On April 26,2011, Chris Forman, Aspen City Forester, performed an onsite inspection ofthe property located at the Tiehack Lift at Buttermilk. The applicant has requested the removal of 50 trees in order to construct a new lift within a new lift alignment. These trees are aspen, Douglas- fin spruce, and Gambel oak with diameters of 10 inches or smaller. A description of the project is attached to this permit, and will serve as a guide for City Parks Department staff to reference upon inspections of the site for tree removals, restoration, and planting. Trees for removal have been identified in the field, and protection of surrounding vegetation has also been defined in the project implementation plan attached to this permit. The need for tree removal is caused by the realignment of the new lift and its towers. The new lift's bottom terminal will be located in the same area as the old lower Tiehack lift's base, but the top terminal will be west of existing top terminal, therefore causing tree removal along the alignment. Tree removal is necessary across boundaries of City, County, and US Forest Service lands. Removals will pass through each entities permit process as it has here within the City of Aspen tree removal requirements, Extensive work by Aspen Skiing Company has been done, and is ongoing, for the future health of the forest surrounding the City of Aspen. For this reason, as well as the comprehensive restoration plan for the new lift line and terminus disturbances, the trees requested for removal in this permit application will be granted. Aspen Skiing Company, in tandem with the US Forest Service, has inventoried, created, and implemented successful restoration projects as well as timber stand improvement operations over the past 2 years. This work has ensured the health of the forest surrounding the City, and has also set the stage for success of the forest into the future. In 2011 alone, $60,000 in forest management work has been approved and will be implemented as part of the above mentioned efforts on the new lift line. This dollar figure does not take into account the $42,000 spent to provide the baseline data on which all of these silvicultural prescriptions are based. In addition to the forest management efforts and the restoration program, Aspen Skiing Company will be utilizing the wood products harvested from this lift development for the good of the community. Logs that are appropriate for milling will be sent to a local sawmill operator for use as lumber. Remaining logs will be processed for firewood and sold as an Aspen Valley Ski Club fundraiser. Much of the slash created in this project will be chipped and used as mulch for the restoration effort with the remaining mulch made available to the community. Property/Tree Inspection: Chris Forman Forester, City of Aspen Date Stephen Ellsperman Director Parks and Open Space Date Permit Valid for one year after approval date. FOR PARKS USE ONLY Receive Permit No. 2010 Responded: Building Permit No. (If applicable) Fees Paid: Check/Cash : Int THE Cm or *EN Parks Office: 970.920.5120 Fax: 970.920.5128 TREE REMOVAL PERMIT APPLICATION Please provide the information below, together with your check payable to the Ci07 of Aspen in the amount of $75.00. (Applications will not be processed until the application fee is paid.) 1) Outline/Sketch/Drawing of property to include: (Please attach TWO copies) a) Property address. b) Property boundaries. c) Locations of buildings on the property. d) Location, diameter, and species of trees on property and designate with arrows or circles which trees are to be removed. 2) Site address Lot 49 and Lot R of Maroon Creek Club -- a.k.a. Eagle Hill ski slope at Tiehack 3) List trees to be removed, species and diameter at 4.5' above grade. To be Determined by City staff 4) Reason for Removal: ASC intends to install a new high-speed quad lift at Tiehack to replace the existing upper and lower lifts. The lower portion 01 the area is located in the City in the Maroon Creek PUD and the upper portion of the area is located in the County (USFS). The new lift's bottom terminal is proposed to be located in the same location as the existing lower lift bottom terminal, on Lot 49 of the Maroon Creek PUD. In order to continue in a straight lir to the top of Tiehack, a portion of the new lift crosses a section of timbered terrain on skier's right side of Eagle Hill. 5) Mitigation Plan [relocation of trees or replacement as referenced in Aspen Municipal Code Sec. 13.20(e)]. Please ADD to the Property Drawing. (TWO copies needed). To be Determined - See- Aw,;10 a) Location of replacement/relocation trees. To be Determined - see ~/AW~j b) Size and species of trees to be replaced. To be Determined - â€¢,Mâ€¢ 4-4 t. ifer sed 1 45* c) Professional cost estimate ofplanting (nursery stock, delivery, and installation). To be Determined 6) Completion Date of Project November 1, 2011 7) Person responsible for project (applicant): Aspen Skiing Company/Maroon Creek Club Victor Gerdin PrOperty OWner (Please print) Name of Architect or Construction Representative (Please print) P.O. Box 1248 Aspen, CO 81612 ASC Address Company name Phone: 923-1220 Fax: Phone: 923-0555 Fax: 923-9617 1141~14. 3/9/11 79 1 4- U. Callbild ne Signature Date Signature of Representative Date V lee Y,Â£*he,~- MUST BE POSTED ON PROPERTY DURING REMOVAL SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK ASPEN+SNOWMASS 7 ASPEN SKIING COMPANY April 17, 2011 RErrn'ED Jessica Garrow City ofAspen Community Development APP 2 4 2011 130 S. Galena CITY Ot ASPEN Aspen, CO 81611 COMMUNITY 0EVEL0PMENT Re: Land Use Application - Tiehack Lift Replacement Dear Jessica, Enclosed are the remaining items that should render the above Land Use Application complete. The enclosures include: 1) Determination of Completeness Form 2) A current certificate (5 copies) from Pitkin County Title, Inc. listing the names of all property owners, and all mortgages, judgments, liens, easements, contracts and agreements affecting for Lot R and Lot 14 0 f the Maroon Creek Club Master Association. I trust this certificate demonstrates the owner's right to apply for the Development Application. 3) A stamped site improvement survey (full size folded with five 1 1 x1 7 copies) that includes all existing natural and man-made site features, as well as the municipal boundary. I look forward to meeting with you as necessary regarding this submission. Please feel free to contact me at 923-0555 ifyou have any other questions. Sincerely, OAÂ»- Victor Gerdin Mountain Planner CC: David Corbin, Dave Bellack, Rich Burkley, Kevin Hagerty RO. Box 1248 Aspen, CO 81612-1248 970-925-1220 www.aspensnowmass.com Â® Printed on Recycled Paper. RECEIVED APR 2 0 2011 THE CITY OF ASPEN CITY OF ASPEN Land Use Application COMMUNITY DEVELOPMENT Determination of Completeness Date: March 15.2011 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0013.2011.ASLU -101 Summer Road, PUD Amendment. ~@L Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) Complete disclosure of ownership. Disclosure is provided for Lot 49 but not for Lot R. Appropriate disclosure consists of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application 2) Site survey. A stamped site improvement survey that includes all existing natural and man-made site features, as well as the municipal boundary. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction o f the City of Aspen Planner reviewing the land use application. O Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. 3Â»k You, ( )*k*~*FL~ 9Lq- 2151 htennifer Pli]4n, Deputy Director City of Aspen, Community Development Department RECEn/Fn APR20 ,) n i 1 LU,1 CERTIFICATE OF OWNERSHIP CITY OF p..or IN COMMUNITY DEVELOPMENT Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that MAROON CREEK CLUB MASTER ASSOCIATION, A COLORADO NONPROFIT CORPORATION is the owner in fee simple of the following described property: PARCEL R AND LOT 14, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. COUNTY OF PITKIN, STATE OF COLORADO. Vesting Bargain and Sale Deed recorded September 22, 1999 as Reception No. 435798. ENCUMBRANCES: NONE This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITI<IN COUNTY TITLE, INC. BY: -2" ...32Â»3 42 /Â«22- authorized signature CERTIFIED TO: APRIL 13, 2011 at 8:00 A.M. Job No. PCT23163 RECEIVED SITE SURVEY hhll APR 2 0 2011 CITY OF ASPEN LOT 49 COMMUNITY DEVEL0PMEN1 MAROON CREEK CLU B MUNICIPAL BOUNDARY ------ ...../= 1 // MUNICIPAL- BOUNDARY QOVERNMENT TRAIL 0 1 42 e 0--- & 16 - LO 49 35.502 ACRES 14 -1- -4-- --- -J NORTH S 19*52*3- ~ 8250 < 0 0 25 50 100 0 I , -04 1. 100' P.---- 44. 44. y,/4 LOT DESCRIPTION -- LOT 49, MATROON CREEK CluB, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 33 AT PAGE 12-13. r 160 . COUNTY OF Pm<IN, STATE OF COLORADO. 1% 1 9 99 -- 4 1 . Notes Â· m - UNLESS OTHERWISE SPECIFIED, ALL UTIUTY EASEMENTS, AS WELL AS ALL PUBLIC AND PRIVATE ~ RIGHTS OF WAY ARE DEDICATED TO THE PERPETUAL USE OF ALL UTILITY COMPANIES FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, REPLACING, REPAIRING AND MAINTAINING UNDERGROUND UTILITIES AND DRAINAGE FACILITIES, INCUIDING BUT NOT LD,1!TED TO WATER, ELECTRIC, GAS, TELEPHONE AND TELEVISION LINES, TOGETHER WITH T}E RIG@Â·IT Of INGRES AND EGRESS FOR SUCH INSTALLATION, CONSTRUCTION, REPLACEMENT, REPAIR AND MAINTENANCE AS; WELL AS THE RIGHT TO TRIM INTERFERING TREES AND BRUSH. IN NO EVENT SHALLTHE UTILITY COMPANIES EXERCISE THE RIGHTS HEREIN GRANTED AS SO TO INTERFERE WITH THE USE OF THE 4/ k- ENJOY THE GRANT HEREBY MADE. RIGHT OF WAY FOR ROADWAY PURPOSES EXCEPT TO THE EXTENT REASONABLY NECESSARY TO - 3' + SNOW AT THE nME OF THZS SURVEy. LOT 13 ~~ ct> SURVEYOR'S CERTIFICATE N, STEVEN A. YELTON, HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR UCENSED UNDER THE LAWS OF THE STATE OF COLORADO; THAT THIS PLAN IS TRUE, CORRECT AND COMPLETE AS LAID OUT AND SHOWN HEREON; THAT THIS PLAN WAS MADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION IN MAROI, 2011.. STEVEN A YELTON PLS. # 33645 DATE: HIRED GUN SURVEYING LTD. DATE SURVEYED: 11/18/10 DATA FILE NAME: 1011139 a,T~Mu'l,ze*m,#~**mai~~~~ad:~4-~ upon *1~7t~gl~~;g~I!~ikddhi~y4*~M~mey be commenced more P.O. BOX 9 REVISED: 3/29/11 DATE DRAFTED: 11/19/10 DRAWN BY: TYâ€žJR SNOWMASS, COLORADO 81654 (970)923-2794 l Parcel-ttz- 2-7551 /1-3 -at:\ - 041 00(3.28{ 1 Â·14664 Elle Edit Record NaÂ¥* Fgrm Report Format Iab ,p i# 3 4 ) )1 4 Fli {8 6 j j 51, li N 1 , 4 0 Â£ A lump 1 : *IO I 4 Il & 4 $ Cliar 31 ~et! a 3 3 2 +Ni.-@30 3991 & Routing iatus |Feei I Fee jummarY FEÂ¥tions ~ Attachments ~Roubng *ry |Yakilation E Arch/Eng |Custom Fields ~5ub termits |Parcek | I ..........r ii./ri 2 Pemt type ~aslu Aspen land Use ~Gt# )013.2011.ASLU Adoess 101 BUTTERMILK SUMMER RD Apt* F Gly ASPEN ~ 5tate ~ zp 81612 Permt Informatbn . Â· ..,: Â·Â·9:F*,4Â·24Â·,1. w. 1.a....&i..4,-'.'.,------- -U... .1 1. IA. 1.~I fs-PJ Mmter permt Routhg Applie' 3/I12011 Rue ~88Â£07 ' Project Status pending Approved Defr*n ESA 8040 GREENLINE - FINAL PUD AND AMENDMENT Izled Ena o~ Submitted VICTOR GERDIN 923 0555 clock ~16%1 Days |~| Expires 3512012 i Sub~ted Ma f Owner ' LI'll L85t naffe ASPEN SKIING COMPANY First maine HIGHLANDS O BOX 1248 t.*t ASPEN CO 81612 .immal Phone ()Â· Addkess . 9 OWner B applicant? 0 Contrador is applicant? Last name ASPEN SKIING COMPANY FEst name HIGHLANDS PO BOX 1248 ASPEN CO 81612 Phme ()- Bt # 27952 Address Lender Last name First name . Address Displa~slhe dalethepeldlwasissued ,~..., ,Â·, ui.Â·. ....a-*...- -i=...6., ~ _~,..u._*wdi: AspenGo@5 [se[yeL*<~1~L1~CLL C k * 00 44 %39 - 6 .Ct/Jd~ C/UU OV 6 id Â£ 1 4 2* P,A (Or/(Â» 0KÂ»Z'-11/ DOOM 24 1 WN Momb 11 .09,00111 â€¢d 3..14. ./a./. # Ir ' . SITE SURVEY ~ LOT 49 MAROON CREEK CLUB MUNICIPAL BOUNDARY --C 1 1 S 00Â°33'02" E ICLUR 2370.83' 01. 1 6 092 GOVER TRA .e/-1-39 00 4 2 4 0 e Ve*' 16.4 4 A'3'33 61.30' 142.95' 0 6 0 N b, < d 6 00 % 5 %~ p 9% Â»s 2 2 90 000Â·00. 00'00'00" E Â§Â·1 2 hat:90' Â» b 1, 6 \11 9. e NORTH I- U .9 5 0 . I. *.~.fo .49 8 1 . 36 Â°52'33" 8250 76.82' 64.13' 4/ 91 =46 18' fe'll ' ~113.00 =294.00 r = too' 0 50 100 200 'b. 1, 20 94 + 4 ' 4, .200 # ify LOT DESCRIPTION LOT 49, MATROON CREEK CLUB, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 33 AT PAGE 12-13. 1 COUNTY OF PITKIN, STATE OF COLORADO. 6 22 44 SÂ° b 4. P % 0 0 .00, 1 0 . 0 0 -4 A 42' Z . 8 . 0 .Notes . 0 . 3 f 2 - UNLESS OTHERWISE SPECIFIED, ALL UTILITY EASEMENTS, AS WELL AS ALL PUBLIC AND PRIVATE m RIGHTS OF WAY ARE DEDICATED TO THE PERPETUAL USE OF ALL UTILITY COMPANIES FOR THE 2 PURPOSE OF INSTALLING, CONSTRUCING, REPLACING, REPAIRING AND MAINTAINING , UNDERGROUND UTILITIES AND DRAIMGE FACILITIES, INCLUDING BUT NOT LIMITED TO WATER, ELECTRIC, GAS, TELEPHONE AND TELEVISION LINES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SUCH INSTALLATION, CCNSTRUCTION, REPLACEMENT, REPAIR AND MAINTENANCE AS 2 WELL AS THE RIGHT TO TRIM INTERFERING TREES AND BRUSH. IN NO EVENT SHALL THE UTILITY COMPANIES EXERCISE THE RIGHTS HEREIN GRANTED AS SO TO INTERFERE WITH THE USE OF THE -M RIGHT OF WAY FOR ROADWAY PURPOSES EXCEPT TO THE EXTENT REASONABLY NECESSARY TO - %10 m ENJOY THE GRANT HEREBY MADE. - 3' + SNOW AT THE TIME OF THIS SURVEY. 0 RECEIVED CITY Gi. f.clu,1 APR 2 0 2011 41- COMMUNIA DE -Â·.:.FNENT LOT 13 e 'Â·80. SURVEYOR'S CERTIFICATE ~ LOT 14 0 1 "I, STEVEN A. YELTON, HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR .Â«11 LICENSED UNDER THE LAWS OF THE STATE OF COLORADO; THAT THIS PLAN IS TRUE, 02 1 i! Â·51/ ~ CORRECT AND COMPLETE AS LAID OUT AND SHOWN HEREON; THAT THIS PLAN WAS MADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY 66.64 0 L=108.88' ME OR UNDER MY DIRECT SUPERVISION IN MARCH, 2011." R=210.00 ti i I f 1; 'LAN Â°P-3*<k 16$/31*41/- .'Ro REG/JA %:ti 4 j STEVEN A. YELTON PLS. # 33645 , - 4 33645 z:2 0 1 :$%07 '3:2*.i.7.0.92 DATE: NOTICE: According to Colorado law you must commence any legal action based upon HIRED GUN SURVEYING LTD. any defect in this survey within three years after you first discover such defect. DATE SURVEYED: 11/18/10 DATA FILE NAME: 1011139 In no event may any action based upon any defect in this survey be commenced more P.O. BOX 9 DATE DRAFTED: 11/19/10 DRAWN BY: TY,JR than ten years from the date of the certification shown hereon. REVISED: 3/29/11 SNOWMASS, COLORADO 81654 (970)923-2794 <%yo 82.68' 5. ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Tiehack Lift Replacement Location: Buttermilk Mountain ... Lot 49 Maroon Creek Club (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273511309049 APPLICANT: Name: Aspen Skiing Company P.O. Box 1248, Aspen, CO 81612 Address: Phone #: 925-1220 REPRESENTATIVE: Name: Victor Gerdin Address: P.O. Box 1248, Aspen, CO 81612 923-0555 Phone #: TYPE OF APPLICATION: (please check all that apply): GMQS Exemption D Conceptual PUD 1 Temporary Use GMQS Allotment M Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision El Conceptual SPA ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes Â£ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review El Lot Split Â£ Small Lodge Conversion/ Expansion U Residential Design Variance U Lot Line Adjustment ~ Other: El Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Two fixed grip double chairlifts that existed prior to the Maroon Creek Club PUD development and approval. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Single detachable quad chairlift which starts at the existing base of the old lower lift and terminates at the top of the old upper lift which necessitates a new lift line alignment. Have you attached the following? FEES DUE: $ 1,159 ~ Pre-Application Conference Summary ~1 Attachment #1, Signed Fee Agreement [1 Response to Attachment #3, Dimensional Requirements Form ~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards B 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. El El El m CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Aspen Skiing Company (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Insubstantial PUD Amendment and 8040 Greenline review for the Tiehack Lift Replacement on Buttermilk Mtn. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 1,159 which is for 6 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT A By: By: ~~2. Il,j. Chris Bendon Community Development Director Date: 3/9/1/ Billing Address and Telephone Number: Aspen Skiing Company P.O.Box 1248 Aspen, CO 81612 925-1220 SNOWMASS ASPEN MOUNTAIN ASPEN HIGHIANDS BUTTERMILK ASPEN+SNOWMASS. ASFEN SKIING COMPANY March 1, 2011 RECEIVED Jessica Garrow City of Aspen Community Development MAR 11 2011 130 S. Galena Aspen, CO 81611 - CITY Of" ASPEN COMMUNITY DEVELOPMENT Re: Land Use Application - Tiehack Lift Replacement Dear Jessica, This letter accompanies the submission requirements from Aspen Skiing Company (ASC) for the Tiehack Lift Replacement application we discuss at our Pre-Application Conference on February 8,2011. As discussed at our Pre-Application conference, ASC intends to install a new high-speed quad lift at Tiehack to replace the existing upper and lower lifts. The lower portion ofthe area is located in the City in the Maroon Creek PUD and the upper portion ofthe area is located in the County. The new lift's bottom terminal is proposed to be located in the same location as the existing lower lift bottom terminal, on Lot 49 of the Maroon Creek PUD. In order to continue in a straight line to the top ofTiehack, a portion ofthe new lift crosses Lot R ofthe Maroon Creek PUD which is platted as a Maroon Creek Club Common Area. ASC understands that the original PUD for Maroon Creek Club permitted ski lifts. The PUD was originally approved in the County, and was annexed into the City. Ordinance 40, Series 1996 rezoned the entire PUD. That approval memorialized all the previous County approvals, and included language allowing the ski lift use and other skiing and Nordic activities to continue in the PUD. Your Pre-Application summary indicates that the following Land Use Code criteria should be addressed: 1) 8040 Greenline Review Exemption 2). Insubstantial PUD Amendment Sec. 26.435.030. 8040 Greenline review. B. Exemption. The Community Development Director may exempt the expansion, remodeling or reconstruction of an existing 8040 Greenline development if the following standards are met: 1. The development does not add more than ten percent (10%) to the floor area ofthe existing structure or increase the total amount of square footage of areas of the structure RO. Box 1248 Aspen, CO 81612-1248 970-925-1220 www.aspensnowmass.com ~ Printed on Recycled Paper which are exempt from floor area calculations by more than twenty-five percent (25Â°/0). This development actually reduces the floor area of existing structure. Currently. three lift attendant buildings exist, each approximately 150 square feet, for a total of 450 square.feet The proposed condition only requires one lift attendant building, approximately 250 square feet. Additionallv, the three existing lift terminals (two load terminals and one unload terminal) will be replaced with on load terminal. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section. Some tree removal is required along a corridor approximately 500 feet long and 25 feet wide on Lot R of the Maroon Creek Club. This area is a sparsely populated aspen grove with extensive thick maple and oak under brush and very few conifers. Large conifers would be retained if possible Climbing some as necessary) as long as safe lift operation is not compromised. While this corridor would be permanentlÂ¥ closed to skiing, it must remain accessible in the unlikely event Of a lift evacuation. An upper tree removal corridor also exists Con the south side of Racer's Edge trail where the Private Property meets the USFS lands) that will require a wider corridor (60 feet) to allow for skiing. The tree removal permit accompanies this application. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. The structures associated with the lift installation (terminal, towers and operator building) will not create a geologic hazard. Regarding erosion and sediment control, ASC will comply with requirements of its existing State of Colorado Stormwater Discharge Permit to satisfactorily control potential sediment runoff and completely stabilize/revegetated all disturbed areas upon project completion. 4. All exemptions are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1, an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.C. There are no previous 8040 Greenline exemptions associated with this PUD, and therefore no cumulative conditions. Sec. 26.445.100. Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character ofthe development. The uses and character of the development are not changing. Two antiquated lifts are being replaced with new equipment in the form of one single lift. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. This development actuallÂ¥ reduces the floor area of existing structure. Currently, three lift attendant buildings exist, each approximately 150 square feet, for a total of 450 square feet. The proposed condition only requires one lift attendant building, approximately 250 square.feet. Additionally, the three existing lift terminals (two load terminals and one unload terminal) will be replaced with on load terminal, so that the aggregate lift terminal "site footprint" is decreasing. 3. Any amendment that substantially increases trip generation rates ofthe proposed development or the demand for public facilities. This amendment will not increase trip generation rates or demand for public facilities. The primarv trip generation factor is limited available parking which will not be increased. In addition, various AVSC athletic events currentlv take place and a traffic management plan for such events currently exists and will be maintained. 4. A reduction by greater than three percent (3%) ofthe approved open space. This amendment causes no reduction in approved open space. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. Not Applicable. There is no change in off-street parking and loading space. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Not Applicable. The lift replacement does not change or affect road rights-of-way or street easements. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. Not Applicable. No change is contemplated or proposed to any commercial structures. 8. An increase by greater than one percent (1%) in the approved residential density o f the development. Not Applicable. No residential density changes are proposed or contemplated. 9. Any change which is inconsistent with a condition or representation ofthe project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. This amendment is consistent with the condition or representation of the project's original approval. The replacement of mechanical lift equipment does not change the PUD's approved uses or dimensional requirements. Enclosed with this cover letter are: 1) check for $1,159 for the application review fee 2) copy ofthe Pre-application Conference Summary 3) 8-1/2' x 11" vicinity map locating the subject parcels within the City o f Aspen 4) Completed Land Use Application and signed fee agreement 5) Illustrations ofexisting lift alignment and proposed lift alignment 6) Letter from Dave Bellack, legal counsel for ASC and an attorney licensed to practice in the State of Colorado, listing the names o f all owners o f the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application 7) Copy ofthe easement over Lot R 8) Proof of consent from owners of Lot R, the Maroon Creek Club Master Association, for the portion ofthe lift that crosses the property 9) Proofof Consent from the PUD 10) 5 copies ofthe complete application packet and maps This application is submitted by Victor Gerdin, Mountain Planner for ASC (923-0555), on behalf o f: Aspen Skiing Company P.O. Box 1248 Aspen, CO 81612 970-925-1220 I look forward to meeting with you as necessary regarding this submission. Please feel free to contact me at 923-0555 if you have any other questions. Sincerely, A\ c 94Â»2- Victor Gerdin Mountain Planner CC: David Corbin, Dave Bellack, Rich Burkley, Kevin Hagerty CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 970.429.2780 DATE: 2/8/2011 PROJECT: Maroon Creek Club Tiehack Lift re-alignment REPRESENTATIVE: Victor Gerdin, Aspen Ski Company OWNER: Aspen Ski Company TYPE OF APPLICATION: Insubstantial PUD Amendment, 8040 Greenline DESCRIPTION: The Aspen SkiCo is interested in installing a new high-speed quad lift at Tiehack to replace the existing upper and lower lifts. The lower portion of the area is located in the City in the Maroon Creek PUD and the upper portion of the area is located in the County. In the City, the new lift is proposed to be located on Lot 49 of the Maroon Creek PUD, with a portion crossing Lot R of the Maroon Creek PUD. Lot 49 is zoned Conservation (C) PUD and is the current site of the entire lower Tiehack lift and the bottom portion of the current upper Tiehack lift. Lot R is zoned Wildlife Preservation (WP) PUD. This proposal is subject to two reviews; Insubstantial PUD Amendment and 8040 Greenline. Both of these reviews are handled administratively. The original PUD for Maroon Creek Club permitted ski lifts. The PUD was originally approved in the County, and was annexed into the City. Ordinance 40, Series 1996 rezoned the entire PUD. That approval memorialized all the previous County approvals, and included language allowing the ski lift use and other skiing and Nordic activities to continue in the PUD. The applicant has indicated that the new lift towers will all be located on Lot 49, but that a small portion of the lift will cross over Lot R. Lot R is a common area to the Maroon Creek Club. An easement over Lot R is required for the lift, and consent from the HOA as owners of Lot R is required. In addition, because the property is in a PUD, a letter indicating the PUD owners consents to the entire lift application is required. The applicant or representative must submit a completed land use application with all associated materials to the Community Development Department. The case will be reviewed for completeness and then assigned to a planner to complete the review. No public noticing is required. Below are links to the Land Use Code and Land Use Application for your convenience. Because a portion of the lift is also in the County, the applicant is requesting an amendment to the Buttermilk Master Plan to allow the lift re-alignment. The City will coordinate with the County before issuing any approval to ensure it is consistent with the County's amendment. Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Application Form: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf Land Use Code Section(s) 26.445.100.A Insubstantial PUD Amendment 26.435.030.B 8040 Greenline Exemption Review Review by: Community Development Staff for complete application Referrals from Parks and Engineering Pitkin County Planning for consistency with their review Public Hearing: Not required Planning Fees: $735 for Community Development Administrative Review. This includes three (3) hours of staff review time. $735 for review of an application in response to work completed without permit or in error. Additional time over three (3) hours will be billed at $245 per hour Referral Fees: Minor Parks ($212) Minor Engineering ($212) Total Deposit: $1,159 Total Number of Application Copies: 5 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2) To apply, submit the following information General Requirements: 1-Prtotal Deposit for review of application. Pli~re-application Conference Summary. CE]'~Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. FFAn 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 1-Vf'Completed Land Use application and signed fee agreement. 171~ written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. Fi~lustration or map of existing lift alignment and proposed lift alignment. 1-1 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. F<A copy of the easement over Lot R. d#oft 1~T'Proof of consent from the Owners of Lot R for the portion of the lift that crosses the property. [3'Proof of Consent from the PUD. m 5 copies of the complete application packet and maps Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. -- k ' .24'li# fig~ Â»~24.-'tyÂ»9AAUjl~~2~ 11 4 .7 9:.1. .G . 6/. 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C.. -7- ---- 7 X,1 -- / QUADV Lâ‚¬q Z 3 hr), 6 Â·Li-~<L MAROON CREEK CLUB MASTER ASSOCIATION A COLORADO NONPROFIT CORPORAT]ON 300 S HUNTER STREET, ASPEN CO 81611 February 24,2011 VIA Email to mkaplan@aspensnowmass.com VIA Email to dbellack@aspensnowmass.com Mike Kaplan, President and CEO David Bellack, Vice President and General Counsel Aspen Skiing Company P.O. Box 1248 Aspen, CO 81612 Re: Maroon Creek Club Master Association ("MCC Association") Consent to Preferred Alignment of Aspen Skiing Company ("SkiCo") New High-Speed Lift at Tiehack Ski Area ("New Tiehack Lift") which crosses a portion of Maroon Creek Club Subdivision & P.U.D. ("MCC Subdivision") Dear Mike and David: In accordance with our previous communications, this letter is to confirm that the MCC Association consents to SkiCo's preferred alignment of the New Tiehack Lift as shown in red on the attached "Exhibit A" and labeled as "Tiehack Quad." The Association understands and agrees that the preferred alignment will cross Parcel "R" of the MCC Subdivision. The consent described herein is subject to and contingent upon subsequent full execution of a mutually agreed upon Easement Agreement which will contain provisions for: (1) the indemnification of the MCC Association and all homeowners within the MCC Subdivision by SkiCo from any and all claims arising from the installation, operation, and maintenance of the New Tiehack Lit and (2) SkiCo naming MCC Association and MCC Subdivision homeowners as additional insured parties under the SkiCo policy o f insurance for said potential claims. Sincerely, IYonard 1 President m Creek Club Master Association U SNOWMASS ASPEN MOUNTAIN ASPEN HIGH LANDS BUTTERMI LK ASPEN+SNOWMASSâ„¢ 2 ASPEN SKIING COMPANY February 2,2011 Aspen Pitkin Community Development 130 S. Galeiia Street Aspen, CO 81611 Itc: Tiehack lift replacement Dear Ladies and Gentlemen: I ain ali attorney licensed to practice law in Colorado. I am also an officer of Aspen Skiing Company, Aspen Skiing Company is lite owner in fee simple absolute ollot 49 of the Maroon Creek Club P.U.D. according to the recorded plat thereof, on which the referenced lift will be installed. Said property is not subject to any mortgages, liens or other encumbrances. On behalf of Aspen Skiing Company, 1 consent to the filing of the application and its processing by Victor Gerdin and David Corbin. Very truly yours, / 4. [David E. Bellaek; Senior Vice President General Counsel CO: RO. Box 1248 Aspen, CO 81612-1248 970-925-1220 www.aspensnowmass.com O Printed on Recycled Paper