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Land Use Case.40180 Hwy 82.A3-91
CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 1 11/91 PARCEL ID AND CASE NO. DATE COMPLETE: I /1- x1735 X33 00 Cd r A3-91 STAFF MEMBER: KJ PROJECT NAME: Holden-Marolt Ranching & Mining Museum Final PUD gearvke s Project Address: Marolt Open Space, Aspen, CO 11 Legal Address: Marolt Ranch, Highway 82 , Aspen, CO i APPLICANT: Aspen Historical Society (pin) Applicant Address: 620 W Sleeker St. ,Aspen, CO 81611 REPRESENTATIVE: Graeme Means, P.O.Box 4956, Aspen 925-9150 Representative Address/Phone: Heidi Hoffmann 141 Midland Park,Aspen 925-9420 PAID: YES xxNO AMOUNT: $2055 NO. OF COPIES RECEIVED 8 TYPE OF APPLICATION: 1 STEP: 2 STEP: X r P&Z Meeting Date 3/ PUBLIC HEARING: NO 4 Pk N7 VESTED RIGHTS: YES NO � 4, CC Meeting Date PUBLIC HEARING: YES '! NO lea:A/241 i ,,JatVC' -rf2G'-4 • 1 �- �4 • r VESTED RIGHTS: YES inAO r-""` 7 6'15 (2.U 0-ei2 lawn a 64 l. Planning Di ector App o Paid: Insubstantial Amendment or Exemption: Date: r �ti t /'/, L , R F RRALS: Irc45C��` 5tc � / n '" City Atto ney _ Mtn Bell School District City Engineer 3e Parks Dept. Rocky Mtn NatGas lI Housing Dir. Holy Cross State HwyDept(GW) —X Aspen Water X Fire Marshall State HwyDept(GJ) x City Electric Building Inspect r t Envir.Hlth. Roaring Fork Other aS ITrC'J XAspen Con.S.D. Energy Center - „'' Fit DATE REFERRED: //d / 19/ INITIALS: fk S FINAL ROUTING: 1S,0-0._, DATE ROUTED: 42- 2TO INITIAL: 5(^' City Atty City Engineer Zoning _Env. Health Housing _ Other: FILE STATUS AND LOCATION: ORDINANCE NO. 6 (SERIES of 1991) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO GRANTING SUBDIVISION, REZONING TO PUBLIC (PUB) , AND FINAL PUD DEVELOPMENT PLAN APPROVAL FOR THE 1. 9 ACRE MAROLT MINING AND RANCHING MUSEUM PARCEL LOCATED ON THE EAST SIDE OF THE CITY-OWNED MAROLT OPEN SPACE WHEREAS, in 1989 the City of Aspen leased for seventy-five years a 1. 9 acre parcel encompassing the historic Marolt Barn and salt shed to the Aspen Historical Society ("Society") to develop a museum dedicated to the mining and ranching industries which contributed greatly to the development of the Roaring Fork Valley; and WHEREAS, the Society submitted an application to the Planning Office seeking Subdivision, Rezoning, Final PUD Development Plan, and GMQS Exemption for change in use of an historic structure; and WHEREAS, the application was reviewed and commented upon by the Engineering Department, Water Department, Historic Preservation Committee, City Attorney, Sanitation District, Fire Marshal, Parks Department, and Rocky Mountain Natural Gas; and, WHEREAS, the application was heard by the Planning and Zoning Commission on March 5, 1991 at a public hearing; and WHEREAS, the Commission recommended approval of Rezoning by a 6-0 vote, Subdivision by a 4-2 vote, and Final PUD Development Plan by a 4-2 vote. Eighteen (18) recommended conditions were attached to the approvals; and WHEREAS, based on its review of this proposal and the pending highway project, the Commission wanted to further recommend to City 1 2 . All easement questions for utilities and access must be researched in conjunction with the Engineering and City Attorney' s Offices. Utility locations shall be considered which require minimal encumbrances to the remainder of the Marolt property. The City and Museum must use best efforts to depict easements. 3 . Service trips shall be restricted and indicated on the plat to be on the existing bike/pedestrian trail from the parking at the Marolt Housing site. 4 . Storm water runoff requirements as per Section 7-1004 C. 4 . f . shall be complied with and reviewed by the Engineering Department prior to Plat approval. 5 . The Subdivision Plat must be filed within 180 days of City Council ' s approval or the approval expires. 6 . The northern boundary of the leased area shall be amended at the time the exact highway alignment is accepted by the City. 7 . Compliance with the Sanitation District' s grease trap requirements and service connection requirements are mandatory. 8 . Any signage on county roads or the state highway shall comply with provisions required by those agencies. City Sign regulations shall apply within the City' s jurisdiction. g . Existing waterline locations, spigots and taps shall be identified and handled as per the Water Department' s comments submitted to this project file. The applicant shall provide written verification from the Water Department of their satisfaction prior to Planning' s approval of the PUD 1 3 invalid. 17 . The highway right-of-way must be added to the PUD plan. Pending final right-of-way decision by City Council, the PUD plan may need to be amended. 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 : A public hearing on the Ordinance shall be held on the , day of 2;'A-y , 1991 at 5 : 00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published 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 ( 1991. �.�p��t - ` /i 1(a William L. Stirling, Mayor ATTEST: Rats ryn S Koch, City erk FINALLY, adopted, passed and approved this /0 day of , ,ce , 1991. William L. Stirling, Mayor ATTEST: dig Kathryn S Koch, City Clem 5 Regular Meeting Aspen City Council April 8 , 1991 ASPEN SCHOOL DISTRICT WATER LINE EXTENSION REQUEST Carol O' Dowd, city manager, told Council this item is prepared in accordance with Council ' s resolution placing a moratorium on water capital improvements. Ms . O ' Dowd reminded Council this project has been underway for a long time and requested the ability to continue the engineering work on this project. Councilman Peters said if the city is going to proceed with engineering work, he would like to have errors and omissions insurance. Councilman Peters said he would like the city not to make any commitments to water service that assume the Highlands pipeline will be finished. Councilman Gassman agreed. Councilman Gassman said a condition of lifting the moratorium should be that the school use raw water for irrigation. Councilman Tuite said the moratorium was placed because of the water conservation ordinance. Councilman Tuite said he does not want to allow an exception to the moratorium without requiring water conservation devices and Larry Ballenger, water department director, told Council the existing code does have specifics on water flows for inside devices , for irrigation systems. Ballenger told Council he is in the process of updating this to 1990 standards . Mayor Stirling said there is no objection to working with the school district on updating the fire flows to the school . There is consensus to Councilman Peters ' suggestions. Ms . O' Dowd said staff will continue to pursue resolution on Highlands but will not obligate the city that this will happen. ORDINANCE #6 , SERIES OF 1991 - Holden/Marolt Museum Final PUD, Rezoning Councilman Gassman moved to read Ordinance #6 , Series of 1991; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #6 (Series of 1991) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, GRANTING SUBDIVISION, REZONING TO PUBLIC (PUB) , AND FINAL PUD DEVELOPMENT PLAN APPROVAL FOR THE 1. 9 ACRE MAROLT MINING AND RANCHING MUSEUM PARCEL LOCATED ON THE EAST SIDE OF THE CITY-OWNED MAROLT OPEN SPACE was read by the city clerk Councilman Tuite moved to adopt Ordinance #6 , Series of 1991 , on first reading; seconded by Councilwoman Pendleton. Kim Johnson, planning office, told Council the 75 year lease constitutes a subdivision under the land use code. Ms. Johnson told Council prior to second reading, the planning office will 6 • Regular Meeting Aspen City Council April 8 , 1991 process a GMP exemption for the change in use of a historic landmark. This use will not increase the floor area ratio. Ms. Johnson told Council the applicant is concerned about the highway right-of-way. It is not known how much land will be taken up on the site. The P & Z was hesitant to approve the PUD plan knowing up a one-third of the site might be encumbered by the highway . right-of-way. However, P & Z approved this based upon if the highway causes changes to be made in the PUD plan that amendments could be processed. Ms. Johnson told Council when the city acquired the property, platting was to be done to remove certain lot lines and easements . This has not been done, and Council should direct that this be done. Councilman Peters said the lease for this property . - ? ..roved by the voters. Councilman Peters asked if there was language the ballot question _approving- the change in use. Jed Caswall , . ' ty attorney, saidC e will look at the lease_ and ballot question. Councilman Peters-said he is worried about the Con_€ ict with./the potential highway route. Councilman Peters asked if there is going to be some effort to control the improvements and use of the area so the city does not face loss of capital improvements on site. Graeme Means , representing the applicant, showed the lease boundaries, the existing bicycle trail . Means noted they have left .4 the northern portion of the site unresolved. The museum could live 4 with the highway in that portion. Means said unless it starts to encroach in the bicycle trail , the museum can function. Means said if the highway goes through, the city will be dealing with issues up and down the corridor. Tom Baker noted after a certain increment of moving the highway right-of-way, the bridge starts getting closer to the Villas. The highway department drew a curbed bridge in order to miss the entire site.- Staff was looking for a compromise, and is still exploring this location. Mayor Stirling asked if it is Council ' s desire not to have the highway hit any portion of this parcel. Councilmembers Gassman and Peters said no. Means told Council this summer the historical society plans to work on the building and not the grounds. Next summer they will work on the grounds . Heidi Hoffman said the best interests are that the pedestrian trail be incorpo- rated into any redesign. Councilwoman Pendleton said she is satisfied after the highway is aligned they can come back in with an amendment to the PUD. Amy Margerum, planning director, told Council by second reading staff can come back with the worst case right-of-way for the highway with overlays on the map. Roll call vote; Councilmembers Pendleton, yes ; Peters, yes ; Tuite, yes ; Gassman, yes; Mayor Stirling, yes. Motion carried. 7 #338134 11/04/91 09: 19 Rec $30. 00 BK 661 PG 114 Silvia Davis, Pitk.i.n Cnty Clerk , Doc $. 00 PUD AGREEMENT FOR HOLDEN-MAROLT MUSEUM This agreement is made this day of (7>77: Sg', , 1991 between the Aspen Historical Society (A.H.S. ) and the City of Aspen, a municipal corporation (The City) . Recitals WHEREAS, The City has agreed to lease the Holden-Marolt parcel of land, the legal description of which is set forth in exhibit A to this agreement, to the A.H.S. for the purposes of developing a Ranching and Mining Museum; and WHEREAS, at a public hearing on March 5, 1991 the Planning and Zoning Commission approved with conditions the Final PUD Development Plan submitted by the A.H.S. for development of the museum. WHEREAS, the Aspen City Council granted with conditions the Final PUD Development Plan request for the project at a public hearing pursuant to Ordinance No. 6, 1991; and WHEREAS, the City and the A.H.S. wish to enter into a PUD Agreement for the Project that will establish a Final PUD Development Plan; and WHEREAS, the A.H.S. has submitted to the City for approval, execution and recordation a Final PUD Development Plan for the Project (the "Plan" ) and the City agrees to approve, execute and record the Plan on the agreement of the A.H.S. to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen (the "Code" ) and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plan and such matters are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code, the City is entitled to assurances that the matters set forth herein will be faithfully performed by the A.H.S. ; and WHEREAS, certain conditions of approval have been complied with at the time of execution of this P.U.D. Agreement, these conditions being: 1 . The A.H.S. has completed a Subdivision Plat in full compliance with Section 24-7-1004 D of the Municipal Code, such plat having been approved by the City engineer. The final plat shows the entire Marolt property, with monumentation for the museum parcel. 2. All easements for utilities and access have been 1 '81.14 1. 1. /04/91 09: 19 Rec. $- . 00 BF: 661 PG 115 Stria Ravi.=..s , PitFin Cnty citaeF:: , Doc $.00 researched by the A.H.S. in conjunction with the Engineering and City Attorney' s Offices. Utility locations have been considered which minimize encumbrances to the remainder of the Marolt property. The City and A.H.S. have used their best efforts to depict easements. 3. Storm water runoff requirements as per Section 24-7-1004 C.4. f. of the Municipal Code have been complied with and reviewed by the Engineering Department prior to Plat approval. 4. Existing waterline locations, spigots and taps have been identified and handled as per the Water Department' s comments. The A.H.S. has provided written verification from the Water Department of its satisfaction prior to Planning' s approval of the PUD documents. 5. Water rights associated with the existing and proposed irrigation ditches and ponds have been verified by the applicant. The applicant has provided written confirmation from the City Attorney's Office or other applicable source shall be required prior to Planning' s approval of the PUD Documents. 6. The A.H.S. has worked with the Parks Department to answer questions regarding the proposed irrigation ditches, pond work, and path work ( including culvert concerns and service truck access) . The applicant has provided written verification of Park' s approval prior to Planning' s approval of the PUD documents. WHEREAS, the A.H.S. is willing to enter into such agreement with the City and to provide assurances to the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution and acceptance of the Plan for recordation by the City, it is agreed as follows: AGREEMENT 1. The project consists of renovating an existing barn and shed as well as improving the grounds for use as a museum to display ranching and mining exhibits. 2. Acceptance of Plan. Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the Plan for the Project submitted herewith and reduced-size copies of which are attached hereto as Exhibit A, which Plan conforms to the requirements of the Code. The City agrees to accept such Plan for recording in the office of the Pitkin County Clerk and Recorder upon payment of the recordation fee and costs to the City by A.H.S. 3. Construction Schedule. The City and A.H.S. mutually acknowledge that exact construction schedules cannot be determined at this time. However, it is expected that construction shall begin in the summer of 1991 and will be completed by the end of 1992. 4. Section 24-7-904(B) of the Aspen Municipal Code is not applicable to this project in that no common areas have been #5"1-,1174 1. 1. /04/91. 09: 1.9 Rec $701i.ao Bt: 661 PG 116 Silvia Davis, Fitk:in Cnty Clerk , Doc $. 00 created. 5. Section 24-7-904(C) of the Aspen Municipal Code is not applicable to this project in that the City Council has not required the applicant to provide a guarantee for landscaping improvements. 6. Section 24-7-904 (D) of the Aspen Municipal Code is not applicable to this project in that the project has not required the installation of any necessary public facilities. 7. Service trips shall be restricted and indicated on the plat to be on the existing bike/pedestrian trail from the parking at the Marolt Housing site. 8. The northern boundary of the leased area shall be amended at the time the exact highway alignment is accepted by the City. 9. Compliance with the Sanitation District' s grease trap requirements and service connection requirements are mandatory. 10. Any signage on county roads or the state highway shall comply with provisions required by those agencies. City Sign regulations shall apply within the City' s jurisdiction. 11. If natural gas service is desired, written application must be made with Rocky Mountain Natural Gas. The applicant shall work with the gas company regarding easement requirements and accessibility needs. Easement may only be granted by the City. 12. The A.H.S. shall actively promote bike, bus and pedestrian travel for all of its events to reduce parking and roadway congestion. 13. Exterior lighting shall be limited to building entry areas; wattage of fixtures not to exceed 100 watts each and shall be downcast and unobtrusive. 14. The proposed State Highway 82 alignment must be added to the PUD plan. When a final right-of-way decision is made by the City Council, the PUD plan shall be amended. 15. Material Representations. A.H.S. confirms that all material representations made to the City on the record in accordance with the final PUD Development Plan Approval are true, and A.H.S. shall comply with all such representations. 16. Enforcement. In the event the City maintains that the A.H.S. is not in substantial compliance with the terms of this Agreement or the Final Development Plan, the City Council may serve a notice of noncompliance and request that the deficiency be corrected within a period of forty-five days, #3381: 11/04/91 09: 1.9 Rec. $70. 00 ,;`: 661 PG 117 , Silvia '6avis , Cler4: , Doc $. 00 or if the deficiency cannot be reasonably corrected within forty-five days, that A.H.S. commences correction within forty-five days and continues to complete the correction with reasonable diligence. In the event the A.H.S. believes that it is in compliance or that the noncompliance is insubstantial, the A.H.S. may request a hearing before the City Council to determine whether the alleged noncompliance exists or whether any amendment, variance or extension of time to comply should be granted. On request, the City shall conduct a hearing according to its normal procedures and take such action as it deems appropriate. 17. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the A.H.S. : Aspen Historical Society 620 W. Sleeker Aspen, CO 81611 To the City of Aspen: City Manager 130 S. Galena St. Aspen, CO 81611 with copies to: City Attorney 130 S. Galena St. Aspen, CO 81611 Aspen Planning Office 130 S. Galena St. Aspen, CO 81611 18. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the A.H.S. and the City' s successors, personal representatives and assigns. 19 . Amendment. This Agreement may be altered or amended only by a written instrument executed by both parties. 20. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such determination shall not affect the validity of any other provision and the remaining provisions shall be considered severable and remain in full force and effect. •..,8134 11/04/91 09: 19 Rec 457< . 00 Lw: 661 Pe 118 Silvia Davis, Pitkin Cnty Clerk , Doc $. 00 THE CITY OF ASPEN, a municipal corporati n By: S. ,) _Sr John . Bennet, Mayor ATTE T: xi an. Kathryn S. Koch, City Clerk - APPROVED AS TO FORM: /) (z Edward M. Caswall, City Attorney A.H.S. : Rick Newton STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was sworn and subscribed before me this cal" ) day of Cr---t by John S. Bennett, as Mayor and Kathryn S. Koch, as City Clerk. WITNESS my hand and official seal. -,•My„commission expires: /-../4 , .` -t idAp1Jut2 i Notart1 Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was sworn and subscribed before me this day of WITNESS my hand and official seal. My commission expires: Notary Public 11375814 1. 11(14./91. 09: 19 Rec 8:30 4 00 p1 661 PG 119 Sllvi._ Davis , Fiifir-, Cnty C1er' F:: , Doc $, UO - +Z:+' : ASPEN SURVEY ENGINEERS, INC. , 210S.Galena Sl. Aspen.Colorado 81611 :�_.- 13031925-3815 LEGAL DESCRIPTION LEASE AGREEMENT CITY OF ASPEN TO ASPEN HISTORICAL SOCIETY (MAROLT PROPERTY) A TRACT OF LAND BEING A 1 . 9 ACRE MORE OR LESS PORTION OF THE MAROLT RANCH AS PLATTED IN PLAT BOOK 12 AT PAGE 1 OF THE PITKIN COUNTY RECORDS SITUATED IN SECTION 12 TOWNSHIP 10 SOUTH. RANGE 85 WEST OF THE 6th PRINCIPAL MERIDIAN . CITY OF ASPEN. PITKIN COUNTY. COLORADO DESCRIBED AS FOLLOWS : ! BEGINNING AT THE NORTHEAST CORNER ( A NUMBER S REBAR WITH CAP 16129) WHENCE THE WEST 1/4 CORNER OF SECTION 12 BEARS N 60 48 ' 08" .. W 1 , 939 . 53 FEET AND THE BLM MONUMENT "AZIMUTH" BEARS N 67 33 '50"W 1 . 704 .45 FT. THENCE S 00 47 ' 05"W 337 .72 FT. TO A NUMBER 5 REBAR WITH CAP 16129 : THENCE S 7541 ' 46"W 162 . 68 FT. TO A NUMBER 5 REBAR WITH CAP 16129 ; THENCE N 15 . : 2'1 ' 05"W 168 . 19 FT. TO A NUMBER 5 REBAR WITH CAP 16129 : THENCE N 11 45 ' 31"W 185 . 26 FT. TO A NUMBER 5 REBAR WITH CAP.' 16129 ; THENCE N 20 00 ' E 103, 52 FT. TO A NUMBER 5 REBAR WITH CAP 16129 ; THENCE S 71 20 ' 25"E 222 .73 ' FT. TO TI-IE POINT OF BEGINNING CONTAINING 1 . 90 ACRES MORE OR LESS : EXHIBIT A AR, 2 °�W R k, -0 t t { { °ra #� { A r 2 d^.au v e : p< tt g as 111 GRAEME D MEANS II ?wiz (�7R�±__ BOX 4 9 5 6 ASPEN ( 0 8 1 6 1 2 T E L E P H O N E E 3 0 3 9 2 5 9 1 5 0 TLS' /bran mgr ry,r�rlu�j q Riirktakv.. Tosrwu,k p zoNra, Sui3viutss . , A-..0 o F?WA-c Pub aA-Mitt' E,uao&tw 0412C- pill-r1c um-GS s oE57A-A/77f1t DJJ 'fft4q tot tM-vt 02 /tUt6Sr0 to CompL- . wrtl- ,4-11- ca,vor;flOAtS 1�0 OU COt cgetiircr (3 y /��p1LJi Ctt COUNCIL A4- - /fri,4264,5 oP 10 2thor, igq I. Tl us - U G se -t7r.c-J./ Oi.v,Orr`(o,US /5 /14/11o5,c17, Ce)lfrr2a. 6u/aA //u pit (4..4E)/t1U.vs Liz . g2, , /o, ¢ g /2), Lutz. fisva orehEOCD itirtgrxsAiray c, r OF / novA-L Ago 4/CcoseE. copiff� wrn4 riivS Co,vDritos ' / 2,x01/ 771-iA-T tug. 30264 A- S!/S010f5(dAV Fort /I$1/1ou, -L $ y 71/ GIy gay /L. , AS (.tt. Otscdssmo o/. P-rte, t-/g a-i1-u,L ,3fl,,v a.erambus oM Ihits C✓im- C# UGf� �2�7at /1/4-,4/0 licet rib tfAc/ £106 f1�3 41'(_ 5004V: „L 14M K4/61"5 0T A- cop of -rift P 5(,/6M ltnf pilo3 csnc& COA tfz 2/✓l a' �OG�T k'1 SGT pet's1 ( 17-0t Catty ,EPOS No COP—Aga/7— D1t r,t ,/2 e oPfl fib 6 Tim di/la rer- !1//s/ kiks /vc-r su4M/ A pt-a-r. 171-55a- coAtoitroxis m Aa e._ Yr 7 0 rpc--rcvL-7-- it his to com,G>i out CwM pc04-77 Biwa- inst cc/ i,©nrra46 An "6.0y V UD Gvrz 00417721t1 to Hopc. orai mac 0- lizfer Ott 1217.501fig6 7,Y Nlc,4L- i ssiI S wrt,- a11 aft Salt 40 Pipit/34C Rffitsc /52. 0 frr-ap toy iNp 7l Got MT I yucilizels3lPo5 f SrZfc chc- rot- 2341(6011 Far1:M AvY. gt- M p° rot yU/2_ HaP NO Co,VC ak' c ' aid -701-5 /'h 11---trixa 5fr CITY ,• r, zSPEN June 7, 1991 130' o th-OalenaeStrieet Aspen Colorado Council 303 92044 4giii,,,..y ,. . 303-920-5 199"City'Administration 303-920-5198 FAX Mr. Graeme Means ASPEN HISTORICAL SOCIETY 620 West Bleeker Aspen, CO 81611 Dear Mr. Means: SUBJECT: HOLDEN/MAROLT DITCH In our conversation on June 5th, you requested information on the requirements the City has for water use from the Holden and Marolt Ditch System and clarification as to ownership of those water rights. You related that the Aspen Historical Society was wanting to utilize these water rights on the Holden and Marolt Museum's property. The following is a brief description of those water rights and the stipulations on the use of those waters. The City of Aspen owns the majority of the water rights on the Holden and Marolt Ditches. The Holden and the Marolt Ditches are interconnected. The more junior rind higher priority Holden Ditch provides supplementary water for carriage in the Marolt Ditch. Both Ditches have been decreed for irrigation and domestic use. The Marolt Ditch, Number 198, priority number 279, in former Water District No. 38, decreed in Civil Action No. 3053 in the District Court in Garfield County on July 25, 1934, for 18.6 cubic feet of water per second from Castle Creek, with a priority date of March 1 , 1902. The Holden Ditch, Number 429, priority number 613, in the same court, decreed in Civil Action No. 4033 in the District Court in Garfield County on October 24, 1952, for 30 cubic feet of water per second from Castle Creek, with a priority date of August 19, 1947. The breakdown of ownership of the Holden/Marolt Priority is as follows: STEPHEN HOLDEN 1 .0 CFS HOLLARS, ET AL 1 .6 CFS RED BUTTE CEMETERY ASSOCIATION 1 .0 CFS CASTLE CREEK HOMEOWNERS .5 CFS CITY OF ASPEN 25.9 CFS Mr. Graeme Means Page Two June 7, 1991 The Water in the Holden and Marolt Ditch, which is owned by the City was adjudicated storage rights in the City Golf Course ponds in Case No. W-3299 in District Court, Water Division 5, State of Colorado, August 28, 1980. These waters are managed by the City of Aspen's Parks and Golf Departments for irrigation purposes. I have spoken with George Robinson, the Director of Parks for the City of Aspen, regarding the use of the Holden/Marolt Ditch water on the museum property. George is in favor of permitting the use of those waters, with the following stipulations. 1 . All water removed from the ditch shall be used for aesthetic purposes only and no consumptive use will be permitted. 2. If impoundments are created for aesthetic purposes, those impoundments shall be so structured that no loss of water will occur due to exfiltration or run-off. 3. All water diverted from the ditch shall be returned to the ditch. If the Historical Society desires to use these waters for irrigations purposes, a special use agreement with the City will need to be drafted. The City would be in favor of utilizing these waters for this purpose providing that they are used efficiently and not wasted. The City of Aspen Water Department will assist in locating the water service line to the Marolt Barn. In the event that no shut-off valve or meter is on the water service line, the Historical Society shall install the required appurtenances to City specifications. All yard hydrants and uses of potable water shall be metered. Si�rely= Larry B.Ilenger, Director of Water City of Aspen, Water Department LB:II cc Kim Johnson, Planning Department . \ ASPEN HISTORICAL SOCIETY 620 West Bleeker Aspen, Colorado 81611 (303) 925-3721 a , u ��- rrl(rrfIlillniifiriitiI,ry� ll ll , Jana Fonmevr,Ura ing June 5, 1991 George Robinson Parks Department, City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear George, Pursuant to our discussions at the Marolt Barn site on 4 June, I am writing this letter to clarify certain concerns you had concerning the P.U.D. ageement for the Holden-Marolt Mining and Ranching Museum. The Aspen Historical Society agees to all requirements of the P.U.D. and the conditions attached to it. Furthermore, the following clarifications are ageed to: 1. The Aspen Historical Society agees to be responsible for the construction and maintenance of all irrigation ditches on the 1.9 acres. The Parks Department shall be permitted, from time to time, to close off the museum ditch system if the water supply is need elsewhere. 2. Vehicular service and access tips to the museum site shall utilize existing access off of Highway 82 up until such time as this access is closed off. At that time, access shall take place-3CCE55-leaf along the bike and pedestrian trail from the parking lot at the Marolt Housing Parcel. Such /liS01 t /tout service trips shall be strictly restricted (approximately 10 trips per month) as required by the orsc e thya( P.U.D. ageement. During construction of the museum, service trips will exceed this number. Tel!` ;PM- The Aspen Historical Society will take steps to keep construction traffic to a bare minimum •) %Iv necessary for the task. • jet A.i22 Air 3. The City of Aspen agees to maintain and be fully responsible for the main bike and pedestrian trail as shown on the subdivision plat. 4. The Aspen Historical Society agees to construct and maintain all other irrigation ditches, trails, vegetation, displays, and gardens on the 1.9 acres. We appreciate your cooperation with us in creating this amenity for the people of the Roaring Fork Valley and its visitors. Your signature below shall signify that you agree to the conditions mentioned above. Sinc yours, -- k .� T. Rick Newton Presis - •t, Aspe i oric� al Society o N VC k∎ le. Over 344 -}ni g s G - •obinson, City of Aspen VL & MEMORANDUM TO: Mayor and City Council THRU: Carol O'Dowd, City Manager THRU: Amy Margerum, Planning Directo FROM: Kim Johnson, Planner DATE: June 10, 1991 RE: Marolt Mining and Ranching Museum - Rezoning, Subdivision and Final PUD Development Plan, Second Reading of Ordinance #6, Series of 1991 SUMMARY: The Planning Commission recommends approval of this request for Rezoning, Subdivision, and Final PUD Plan with conditions for the development of a public museum. COUNCIL GOALS: This proposal supports goal No. 10 to preserve the town' s character, historic structures and open spaces, and No. 11 to be responsive to organizations in the valley. BACKGROUND: The Historical Society has been interested in developing this museum for quite a while. In November of 1989 the City leased the 1. 9 acre parcel to the Society to establish and operate a museum. The term of the lease is 75 years. First reading was held on April 8 , 1991. The Council requested additional information from staff on how the new highway alignment will affect the museum site in a "worst case scenario. " The Planning Director has granted GMQS Exemption to the project for the change in use of a historic landmark which does not increase the building' s floor area ratio. The condition in Ordinance 6 requiring this approval has therefore been removed. Please see Attachment "B" . Since First Reading, the issue of the "goat path" shortcut along the south side of the barn was discussed by Roxanne Eflin, George Robinson, and Tom Baker. This path is heavily traveled even in its current narrow condition and should be improved. Staff decided to delete the condition in Ordinance #6 requiring that this path remain undeveloped as part of this PUD plan. PROJECT DESCRIPTION: The proposal includes renovation of the barn and salt shed. The barn structure will house displays, meeting and demonstration space, visitor reception area, toilet facilities and storage. The salt shed will contain a work shop area for repair and maintenance of exhibit material. Displays of historic equipment will be located outside and in the lean-to shed. Demonstrations of agricultural and irrigation techniques will take place on the parcel. Bike and pedestrian trails will be added, but no vehicles will be allowed other than emergency and service needs. Please see staff memo to the Commission, Attachment "A" , for sketches, and operation proposal . In order to accomplish their goals, the Society seeks to rezone the parcel to Public (PUB) . They must also formally subdivide the tract from the main Marolt parcel. A long term lease constitutes a defacto subdivision by the definition of "subdivision" in the land use code. Also, the Museum site plan needs Final PUD Development Plan approval. ADVISORY COMMITTEE VOTE: The Planning Commission heard this proposal at their regular meeting on March 5, 1991. They recommended Rezoning by a 6-0 vote. They recommended Subdivision by a 4-2 vote. They recommended approval of the PUD Plan by a 4-2 vote. Minority opinion was concerned about the process questions discussed below. REY ISSUES: The major issue revolved around the future highway right-of-way location. At the meeting, it was shown that the highway R.O.W. will impact the site to some extent. Some discussion revolved around the inability to decide on the site plan until such time that the exact location of highway roadcuts, pavement, fencing, lighting, etc. is known. However, it was generally recognized that the Museum cannot wait for months or maybe longer to begin improvement to the structures and immediate grounds. Staff proposed that any necessary PUD Plan amendments could be processed later to reflect changes required by the highway R.O.W. location. The Commission wishes to recommend to Council that the highway right-of-way be moved far enough to the north to lessen the impacts to the historic site without adversely affecting the Castle Creek Bridge and the Villas across the creek. Another question was raised regarding the platting of the Museum parcel out of the Marolt tract. When the City acquired the land in the early eighties, a replat was to have been done vacating certain lot lines and easements. This was not done. In discussions with staff prior to the Commission' s review, the City Attorney felt that this was not an inhibitive situation. The Museum survey will be creating a legal lot describing necessary easements and improvements. It will define the Museum lot in its relationship to the outer boundary of the Marolt parcel . This is similar to the plat effort being undertaken by the Housing Authority for the 4 . 3 acre housing parcel at the south end of the Marolt tract. 2 Highway Location: Since First Reading, staff has further studied the Museum site in relationship to the Highway Department ' s study map, which is recognized as the worst case scenario in terms of its proximity to the museum. This map shows the highway right-of-way to be approximately 60 feet from the north side of the barn. Please see Attachment "C" for this drawing. The national historic landmark boundary for the old lexiviation works and barn area is indicated by the dashed lines on Attachment "C" . Although the Museum could function with the highway in this location, the Planning Commission hoped that the highway will be located as far away as possible, preferably completely outside of the 1. 9 acre Museum lease parcel. On May 22 , the HPC granted Final Development Plan approval with conditions. After the approval, in a separate but related discussion, the Committee voted unanimously on the following two motions: 1) "The Aspen Historic Preservation Committee recognizes the historic nature of the area and would like to recommend that the City of Aspen attempt to work with the Aspen Historic Museum to allow for a larger acreage around the existing Marolt Barn site as part of the overall future plan in whatever way will work with the Aspen Historic Society and the City. We encourage extension of the property for future exhibits. " 2) "The Aspen Historic Preservation Committee is adamantly opposed to any governmental entity disrupting a national historic site. We wish this to be part of the record at this time during the phase of the renovation and we instruct staff to write a letter to all government entities expressing our displeasure with something that government can do and a private citizen could not. " Staff received direction from the City Manager after the last joint meeting on the highway with the Board of County Commissioners to pursue information on amending the National Register boundary in order to accommodate the new highway alignment. Staff has asked for and received an application for an amendment to the boundary. The state National Register coordinator has indicated that a boundary adjustment will not avoid 4f mitigation requirements of the new highway alignment and that a boundary adjustment is not recommended (see attached letter) . However, if it is determined that a boundary adjustment is appropriate and necessary, staff will make an application. RECOMMENDATION: The Planning Commission recommends approval of Subdivision, rezoning to Public (PUB) , and the Final PUD Development Plan with conditions. 3 ALTERNATIVES: The Council could choose to wait for further details regarding the highway R.O.W. and construction. PROPOSED MOTION: I move to have Second Reading of Ordinance 6 for Subdivision, Rezoning to Public (PUB) , and Final PUD Development Plan approval for the Marolt Mining and Ranching Museum. CITY MANAGER COMMENTS: Attachments: "A"- Staff Memo to the Planning Commission including site plans and elevations of the proposed Museum. "B"- GMQS Exemption Memo by Planning Director "C"- Map of Highway Alignment Showing "Worst Case Scenario" Ordinance 6, Series 1991 for Consideration 4 jtkvj/museum.ccmemo 5 Attachment "A" MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Holden-Marolt Mining Museum Subdivision, Final PUD and Rezoning to Public (PUB) DATE: February 26, 1991 SUMMARY: The Planning Office recommends approval of Rezoning to Public (PUB) . The Planning Office also recommends approval of the Subdivision and Final PUD Development Plan with conditions. APPLICANT: Aspen Historical Society, represented by Graeme Means and Heidi Hoffman LOCATION: The 1.9 acre parcel is located on the east side of the City-owned Marolt open space tract. The old barn and shed are included in this nearly rectangle parcel. ZONING: The current zoning is R-15A PUD SPA. Proposed rezoning is to Public (PUB) PUD SPA. APPLICANT'S REQUEST: The Historical Society is proposing the creation of a Museum devoted to the mining and ranching industries and their importance to the development of the upper Roaring Fork Valley. The rezoning request to Public (PUB) is proposed as this will be a cultural/educational facility for everyone' s enjoyment. The Subdivision process is required because of the long-term lease on the property. A PUD overlay exists for the parcel, so review of these standards will be part of this consideration. Also required for the Planning Director's approval will be GMQS Exemption for change of use for an historic landmark. PROPOSAL: The barn structure will house displays, meeting and demonstration space, visitor reception area, toilet facilities and storage. The salt shed will contain a work shop area for repair and maintenance of exhibit material. Displays of historic equipment will be located outside and in the lean-to shed. Demonstrations of agricultural and irrigation techniques will take place on the parcel. Bike and pedestrian trails will be added, but no vehicles will be allowed other than emergency and service needs. Please see Attachment "A" for site, elevation and floor sketches, and operation proposal. REFERRAL COMMENTS: The Planning Office requested input from several City agencies. Complete comments are contained in Attachment "B" . Highlights from their reports are as follows: Enaineerina: Chuck Roth made the following comments: 1. Prior to issuance of any building permit, a plat shall be recorded which meets the requirements of Section 24-7-1004.D of the municipal code. This must occur within 180 days of approval by council, or the approvals expire. The final plat must show the entire Marolt parcel boundary, but monumentation will only be required on the subdivided portion. 2 . Parking - This appears to be satisfactorily addressed by the applicant. 3 . Access - It is anticipated that vehicular access will be needed for transportation of heavy museum items and for construction. This should be indicated on the final plat together with easements for emergency access. The language on the plat and the possible need for specific easement agreement documents should be coordinated with the city attorney. Pedestrian access must be indicated on the plat with the possible need for dedication of trails to access the site. Pages 11 & 12 - The City is unable to permit access to the site from Highway 82 due to the conditions of the access permit from the Colorado Department of Highways (CDOH) . Service trips should be restricted to "the existing bike/pedestrian trail from the designated parking at the Marolt housing site. " This requirement is the same for construction traffic. 4 . Utilities - Needed easements should be indicated on the final plat for utility connections which are not on the applicant' s property. The language on the plat and the possible need for specific easement agreement documents should be coordinated with the city attorney. The applicant should keep in mind for the utilities location designs to provide for minimal encumbrance to the remainder of the Marolt Property. This may require longer connections if other easements such as trail/access easements are to be used. Note: The City and the Council are under some burden in approving an application which does not contain the final plat showing the easements needed on the remainder of the Marolt Property. 5. Storm runoff - This was not discussed in the application. The application is subject to Section 24-7-1004.C.4 .f. It does not appear that storm water runoff will be a problem for this project, but the designers should keep in mind to 2 provide for storm water on their site and not to convey the drainage off their property. 6. Signs locating the museum - Signs located in Highway 82 right-of-way will require CDOH approval prior to placement. Signs located in county right-of-way will require county approval prior to placement. City Attorney: Jed Caswall and Planning staff reviewed the proposal and determined that the existence of the long term lease on this parcel constitutes a subdivision according to the Land Use Code definition of "Subdivision" . For this reason, the Museum is required to submit and file a plat describing the lease area in context to the rest of the Marolt/Thomas parcel. Sanitation District: Bruce Matherly stated that any kitchen facility must be equipped with a District approved grease trap. If separate buildings are connected to the District's collection system, they must be connected by individual service lines. Fire Marshall: The Fire Marshal's Office reports no comments except that the fees should not be waived as admission is being charged. Parks Department: George Robinson forwarded the following comments: 1. What specific irrigation techniques will be demonstrated and by whom? Who will be the contractor constructing the irrigation system? 2 . Where will the service/emergency vehicle entrance be? Questions arise if large service trucks/trailers will be using the bike paths. 3 . Who will maintain the proposed irrigation ditches, ranch vegetation, and garden. Will proposed ditches interrupt water flow to the rest of cemetery Lane ditch users? 4 . Where specifically will the 11 parking spaces be and will they be designated with signs for Museum use? 5. The Parks Department has no intentions at this time to develop a trail spur. The "shortcut/goat path" could be utilized and labeled as a scenic and/or nature path. Safety and Liability of the trail should be ensured since the trail parallels a steep embankment. The City has easements already for this trail. What type of bike racks will be installed? 6. Service access: what types of vehicles will be used for drop-offs? 3 7 . Regarding the installation of ditches, culverts were installed for ditches in the fall of 1990 when the trail was paved. Proposed ditches might not be sufficient served by these culverts. 8 . The conceptual site plan should more accurately describe the design of the proposed irrigation ditches. Also, who will construct and maintain the many small paths shown? Historic Preservation: Roxanne Eflin forwards the following comments: The HPC granted Conceptual Development Approval with conditions on November 28, 1990. The conditions are summarized as follows: 1. A subcommittee of 3 project monitors and staff shall review all details of the project prior to Final submission. 2 . Cupolas shall be reconstructed. 3 . All preservation activities shall adhere to the Secretary of Interior standards. 4. Landscaping, decks, ditches, fencing, as well as exact building materials details are required for Final approval. 5. The deck shall be low (close to grade level) . 6. The historic loading dock feature shall be left alone. Rocky Mountain Natural Gas: Structures must not be placed over utility easements which must be accessible for construction, maintenance, etc. This would include items such as fences, walls, buildings, shrubs or trees. A written application is required for natural gas service. Water Department: A maze of old water service lines exist on this property. All existing utilities must be located. Tap locations must be found and all points of use identified; or all existing taps must be located, disconnected from the main, and new service connections made. The possibility of a cross connection is too great to permit the existing system to be used. The Historic Society does not own the water rights for the ditches or ponds on the site, and it is not known if any agreements or contracts exist for using this water. Water in Colorado cannot be impounded unless a storage right has been established, but this is moot as the Society does not own the water rights to begin with. 4 STAFF COMMENTS: As mentioned, three reviews are required of the Commission: Subdivision, Final PUD, and Rezoning to Public (PUB) . Standards and responses for each of these are as follows: Subdivision As previously mentioned, City Attorney Jed Caswall made the determination that the existence of the long term lease for the Historical Society (75 years) constitutes a subdivision within the Land Use Code definition of "Subdivision" . In order to legitimize this for any future needs, this application seeks to plat the parcel and acquire a legal description. The General Requirements for Subdivision as set forth in Section 7-1004 C. are: a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Response: The proposed subdivision is consistent with the Plan. b. The proposed subdivision is consistent with the character of existing land uses in the area. Response: The land was leased to the Historic Society by the City for the purpose of establishing a museum of this type. This proposal bolsters public awareness of the original uses of land in the area. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Response: No adverse affects will occur as a result of this subdivision. d. The proposed subdivision shall be in compliance with all applicable requirements of this chapter. Response: Other land use reviews shall be conducted as required by the land use code for any proposed development or activities on the site. The Engineering Department has described the specific platting requirements required for this subdivision proposal. Of particular concern are easements for access and utility needs. The City Attorney should be consulted regarding necessary documentation of easements, potentially including recognition of other easements needed on the remainder of the Marolt property. 5 Final Planned Unit Development - PUD Conceptual PUD was granted for the larger parcel by the Planning and Zoning Commission in October 1989. The 1.9 acre barn site was included at this level of review. This application is for Final PUD approval. The purpose of Planned Unit Development (PUD) designation is to encourage flexibility and innovation in the development of land which: A. Promotes greater variety in the type, design, and layout of buildings. B. Improves the design, character and quality of development. C. Promotes more efficient use of land, public facilities, and governmental services. D. Preserves open space to the greatest extent practicable. E. Achieves a compatibility of land uses; and F. Provides procedures so that the type, design, and layout of development encourages the preservation of natural and scenic features. The unique situation with this project is that the structures are already existing, and improvements will be made to the level which is safe, attractive and functional for the Museum's use. The basic premise of creating the museum is to protect open space, natural and scenic features, and to land use compatible with the surrounding environment. Specific PUD review criteria include many items not applicable to this project, such as residential density, clustering, etc. This memo will address only those items of specific concern to this proposal. These standards are: General Requirements: a. The proposed development shall be consistent with the Aspen Area Comprehensive Plan. Response: This is consistent with the concepts of the Parks/Recreation/Open Space Element of the AACP. b. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Response: Maintaining the open, ranching character of the parcel is a basic intent of the project. 6 c. The proposed development shall not adversely affect the future development of the surrounding area. Response: This use will not impair surrounding development, which is intended to be basically open space/recreation uses. d. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. Response: The Planning Director must approve GMQS exemption for the change of use for an historic landmark prior to the applicant filing the PUD Plan and Agreement. Land Uses: A museum is an allowed use in the Public (PUB) zone, which is also a part of this request. Dimensional Requirements: In the Public zone, dimensional requirements are established during PUD review. The 1.9 acre site is spacious enough to accommodate the proposed Museum and grounds. Assuming the western property line as the front of the parcel, the dimensions requested are: Lot size 1.9 acres Minimum front yard: Barn 100 ' Shop 80' Minimum side yard: Barn 100 ' Shop 61' Minimum rear yard: Barn 45 ' Shop 46 ' Maximum height: Barn with cupola 35 ' shop 20' % of open space 96% External floor area ratio .05 Internal floor area ratio: 1. 1 Off-Street Parking: The application goes into detail to estimate parking generation of 11 spaces (see Attachment "A") . The reality of parking on the Marolt parcel is not as simple. The 100 unit housing project, when approved in early 1990, stated that 22 of the 50 proposed spaces would be used by park, community garden, and Museum users. It was clarified recently 7 through other staff that these 22 would be on an "as available" basis. The recent problems encountered by Marolt Housing residents of not having adequate spaces for their needs tells us that basically no parking should be expected for dedicated use by the Museum patrons or staff. If solutions are worked out so the Housing parking functions as originally planned, parking should be more available for other Marolt users. Open Space: Percentage of open space is established by PUD review. Existing open space represents 96% of the site, and this is proposed to be maintained. Landscaping Plan: The proposal calls for existing trees, shrubs, and topography to be retained. It is anticipated that seeding with native grasses and wildflowers will occur in open areas and trees will be planted for shade, screening and wind breaks. Exhibits and might contain plantings of ranch era plant varieties. Some fencing will be relocated to frame the ranch yard between the workshop and the barn. One pond currently exists in the northwest area off the pedestrian trail. Another pond with an irrigation gate is proposed off of the west entry deck of the Museum. Lighting: Exterior lighting will be limited to security lighting at building exits, and exhibit lighting at the loading dock. It is proposed to be indirect and not a hazard to adjacent streets. Staff proposes the fixtures not be flood-type lights, and be a maximum of 100 watts per fixture. Public Facilities: Fire Protection and Emergency Vehicle Access: The barn will be sprinklered for fire suppression. Current emergency access is off of Highway 82 near Castle Creek Bridge. This will change upon the realignment of Highway 82 . Access will then be from Castle Creek Road, into the parking area, and down the paved 8 foot pedestrian trail. Secondary access is available from the pedestrian bridge to the east. The Fire Marshal did not indicate any problems with this plan. Utilities: Various utilities are on site and staff received comments from the Water and Sanitation Departments and the gas company. The Water Department had strong concern about all the old existing lines on the site and will require specific remedies. Also, there was speculation raised that irrigation ditch use/water rights may be problematic. The applicant is continuing to research this issue. Traffic and Pedestrian Circulation Trails: This parcel is an interchange area for many outlying trails. Trails are important as vehicular access is very limited. The applicant offers a trail plan with several components. 8 1. The existing trail from the housing project will be kept in its present alignment, which was identified on a 1981 plat. 2 . A new spur is proposed to connect the main trail out to a Maroon Creek trail. As mentioned earlier, Parks has stated that they will not be creating the new spur. The applicant must get together with Parks to discuss this further. 3 . The "goat path" to the south of the salt shed poses a problem because of the slope it traverses. Liability and physical condition are the concerns of both the applicant and the Parks staff. It is probably best left as an unofficial "short cut" , without further improvement, unless erosion becomes a big problem. 4. A pedestrian path will lead visitors from the main bike trail to the barn. Bike racks will be located at this junction. Parks requests additional information regarding the type of racks to be used. 5. Informal paths will meander through the museum leading to various outdoor displays of ranching and mining equipment. It is stated that these paths will be subject to change depending on the exhibit. Staff assumes that the trails will be narrow (4 ' ) gravel paths. This must be clarified by the applicant. Also, the number of paths and their proposed temporal nature concerns Planning staff. Perhaps a few should be removed from the plan, and those that remain be considered permanent locations. Moving paths would leave scars and seems unnecessary. Traffic: The applicant feels that the limited access of the site will eliminate congestion problems. As stated earlier, large community functions will require patrons to park along the access road on the west side of the Marolt, or use bus service from town. The Historic Society must be active in promoting public transportation to the Museum. Service Access: Anticipated service trip generation is as follows: Gift Shop and Administration 4 /trips/month Senior Van Work Shop 2 trips/month Senior TOTAL 7 trips/month The Parks Department expressed concern about service vehicle/ pedestrian use of the same paved trail, as well as the types of vehicles to be used. The applicant is aware of these concerns. 9 As new irrigation ditches are proposed, culverts may be required under the paths. The applicant must work closely with the Parks Department to coordinate these efforts. The applicant will be responsible for any costs associated with culvert/path work. Rezoning to Public (PUB) The applicant is requesting that the 1. 9 acre Museum parcel be rezoned to Public (PUB) . Current zoning of R-15A does not list museum as a permitted or conditional use. Standards specific to rezoning are: 1. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: There are no conflicts with the land use code. 2 . Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The Comp. Plan Map shows this area to be open space and parks. The proposed use is in general compliance with this land use concept. 3 . Whether the proposed zoning amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The building and site are City owned. The proposed use will give access to this historic resource. The distance between the museum site and other residential uses is great, therefore no direct impacts should result. The voters of Aspen voted their support for museum use of this parcel. 4 . The effect of the proposed amendment on traffic generation and road safety. Response: The change will not greatly affect the level of service activity at the property. Special summertime events may attract large crowds. The applicant must commit to promoting use of public transportation and bike/foot access to the site. 5. Whether the proposal will result in increased demand on public facilities. Response: Few changes in public facilities needs will result from this rezoning. Utilities are the responsibility 10 of the applicant. The applicant will work closely with the Parks Department for trails and irrigation ditch work. 6. Whether the proposed amendment will result in impacts on the natural environment. Response: There will be little impacts resulting from the rezoning. Vehicular access is limited and the grounds will be worked in a very minimal manner. 7 . Whether the proposal is consistent and compatible with the community character in the City of Aspen. Response: The Museum will add significantly to the City's historic context. 8 . Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which supports the proposed amendment. Response: The Marolt Housing project was rezoned to Public (PUB) last year. Public support by voter approval for this use is also a consideration. 9 . 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 proposed used will be a significant public amenity and is in harmony with the intent of the land use code. STAFF RECOMMENDATION: The Planning Office recommends approval of the rezoning request to Public (PUB) . The Planning Office also recommends approval of Subdivision and Final PUD with the following conditions: 1. The project must receive GMQS Exemption for Change in Use for an Historic Landmark from the Planning Director prior to City Council approval. subdivision: 2 . The applicant must complete a Subdivision Plat in full compliance with Section 7-1004 D. The plat shall be submitted for Engineering's approval pursuant to these code requirements. The Final Plat must show the entire Marolt property, with monumentation for the Museum Parcel. 11 3 . All easement questions for utilities and access must be researched in conjunction with the Engineering and City Attorney's Offices. Utility locations shall be considered which require minimal encumbrances to the remainder of the Marolt property. 4 . Service trips shall be restricted and indicated on the plat to be on the existing bike/pedestrian trail from the designated parking at the Marolt Housing site. 5. Storm water runoff requirements as per Section 7-1004 C.4 .f. shall be complied with and reviewed by the Engineering Department prior to Plat approval. 6. The Subdivision Plat must be filed within 180 days of City Council's approval or the approval expires. PUD: 7 . Compliance with the Sanitation District's grease trap requirements and service connection requirements are mandatory. 8 . Any signage on county roads or the state highway shall comply with provisions required by those agencies. City Sign regulations shall apply within the City's jurisdiction. 9. Existing waterline locations, spigots and taps shall be identified and handled as per the Water Department's comments submitted to this project file. The applicant shall provide written verification from the Water Department of their satisfaction prior to Planning' s approval of the PUD documents. 10. Water rights associated with the existing and proposed irrigation ditches and ponds shall be verified by the applicant. The applicant shall provide written confirmation from the City Attorney' s Office or other applicable source shall be required prior to Planning' s approval of the PUD Documents. 11. The Museum shall work with the Parks Department to answer their questions regarding the proposed irrigation ditches, pond work, and path work (including culvert concerns and service truck access) . The applicant shall provide written verification of Park's approval prior to Planning' s approval of the PUD documents. 12 . The "goat path" short cut south of the salt shed shall remain undeveloped unless a PUD amendment is processed. 12 13 . If natural gas service is desired, written application must be made with Rocky Mountain Natural Gas. The applicant shall work with the gas company regarding their easement requirements and accessibility needs. 14 . The Historic Society shall commit to actively promoting bike, bus and pedestrian travel for all of its events to reduce parking and roadway congestion. 15. The pathways within the Museum grounds shall be reduced in number and shall be considered permanently located in order to limit disturbance to the vegetation. The PUD Plan shall specify what material will be used for the paths. 16. Lighting shall be limited to building entry areas; wattage • of fixtures not to exceed 100 watts each and shall be downcast and unobtrusive. 17 . A Final PUD Plan and PUD Agreement must be filed with the Pitkin County Clerk and Recorder' s Office within 180 days of City Council's approval, otherwise the approval is rendered invalid. 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AII 1--.:,'4.i,:i t•■%•t T i.i..P.aIPS rsott•o a i i p. :::::,:::::::.:::..7.01‘ ,,,, • ..:: .:.:. . : ::.:. use e�qm�,- . o f ' '^.7". ...,. ...... ... .,,a, . 99 ...0 .:. ::. :. .. • • • • (Il� ille(4K:\:::;),s,u:tet.....,.rp 6 qtr J /f1/I ' .�.. � �p1���/r_ � .�> �' . - rir�1 (/ p /' � `4� . . ,ISO 1. 6 . . /iii i ' / CI," j ii .:.P4 ..4\-Nsk7paoci (.:, .:,...•,;,,,t,,,,-_,; • �- / e �•� o� "fie. •$20 < . "''�f%•mot < 4" (0 _ ' �`. > . ,.:. , . •'• •����'�' •� . .,tom---'�. . . I . MINIMUM SUBMIS N CONTENTS 1. See Attachment A 2. See Attachment B 3. See Attachment C 4. See Attachment D 5. Written Description Of Proposal Building Description: The Holden-Marolt Building was built in 1891 as an ore processing facility for the Holden lixiviation works. Closed in 1893, of the lixiviation plant has been dismantled or destroyed over the years. Only the Holden-Marolt barn remains. The barn began a new life in the 1930's as part of the Marolt Ranch. Only minor modifications were made to the building at this time and that situation continues today. Also existing in good condition is the salt shed which measures approximately 32 feet x 25 feet . Thus , we have a building which remains very much intact from a historical and structural standpoint , and also represents the two primary economic activities of early Aspen. • This wood frame structure is of post and beam construction utilizing heavy spruce and iron rod trusses for roof . 30t measures approximately 60 feet x 32 feet and is approximately feet to the peak. Fortunately, the building was very well built initially (due to its original use) and remains in excellent I structural condition today. Some areas do need to be addressed however . Museum Description Proposed use of the Holden-Marolt Barn, salt shed and surrounding 1 .9 acre property is as a museum interpreting the ranching heritage of the Roaring Fork Valley. will contain display areas, meeting and demonstration space, visitor reception area, toilet facilities, and storage. The loading dock area will serve as entry to the museum building, informal gathering area, and focus area for larger gatherings and special events. The salt shed will contain a work shop area where exhibit material will be repaired and maintained. The leanto shed off of the barn will be used for display of historic exhibits. The remaining 1.9 acre area will be used for exhibit display stations , pedestrian and bike trails , and demonstrations of agricultural and irrigation techniques. There will be no vehicles allowed on the property except emergency and service vehicles. • -3- r Museum ration the Aspen Historical Society will be responsible for construction, operation, and maintenance of the museum. Elements of the proposal are as follows: 1.12/11J--buildi g The main barn building will be the area where interior exhibits are displayed and will be the only element of the museum for which a fee will be charged. In addition to the display areas , the barn will contain an entry/reception area, a very small gift shop area, toilet facilities, and a small storage closet . A mezzanine level of approximately 1,000 ft! is proposed as additional exhibit area. A cupola which was previously atop the barn is proposed to be reconstructed to serve as light and ventilation for the museum and to serve as a lookout . Hours of operation of the barn structure are proposed to be 11 a.m. through 7 p.m. from June 15th through Labor Day and 11 a.m. through 5 p.m. from May 1st through June 15th and labor day through October 31st . The museum will be open six days per week and closed Mondays. Fees charged are to be approximately $3.00 for entrance to the interior of the Barn with a .50 fee for children. Access to the barn will be available during winter on an organized tour basis only. It is expected that the barn will attract from a low of ten to a high of 125 people per day. It is expected that the average visitor will stay for approximately one hour. There will be one paid staff member present at all times during hours of operation. In addition there might be from o one to three volunteer staff to assist with guiding, ticket taking, gift shop and maintenance duties. Workshop The existing salt shed is proposed to serve as a workshop Iwhere exhibit materials will be received and repaired. An ! outside work area is also proposed as shown on the site plan. Visitors will be invited to visit and view the work in progress . the workshop will be staffed by volunteers. From 0-4 volunteer workers are expected to be working at any particular time. Deck Area An at-grade entry deck is proposed to be built on the west side of the barn as shown on the site plan. This deck will serve as entry to the barn, waiting area and as a focal point for special events to be held on the site. Special Events It is proposed that selected special events related to the N -4- Pilli mt tm operation will be held peric ally. Such events shall consist of fundraising events , noe downs, dances, In workshops and lectures. It is expected that there will be PS approximately three such events per summer . It is also anticipated that there would be some special event use in ' winter , perhaps in conjunction with the Nordic Council . III Access to the site would be by skis only with possible limited snowmobile access for supplies. It is not expected that there would be more than three such events per winter . During all special events, the trail and bikeway will be kept completely open to all users . Site Plan 1 A conceptual idea of the main elements of the site plan follows: III The 1.9 acres surrounding the buildings will be treated as a historical park designed to attract the casual visitor seeking a pleasant environment, as well as those museum visitors intent on viewing exhibits. Outdoor ranching and mining exhibits will be arranged in "pods" . Each pod will contain exhibits of related equipment pertaining to either ranching or mining. There will be a clear distinction between ranching pods and mining pods. III Mining exhibits will be displayed on low podiums constructed of heavy wood timbers. Ranching exhibits will be displayed on low bases of red sandstone similar to that which forms the foundation for the barn. Paths leading to these pods will be treated differently to enhance this distribution. A pond which presently exists will remain as shown. III Irrigation ditches are also proposed as shown on the plan. The precise configuration of these water features would be subject to change throughout the life of the project . Fences were a very important part of the ranching scene and we propose to utilize them for both utilitarian and aesthetic reasons. Various fences of different vintages exist on site and we would retain them where possible or carefully move and restore them where they interfere with the proposed circulation. IIIVegetation would consist primarily of those species which were commonly found on ranches . Open areas between pods d would be largely composed of natural grains and grasses with small pockets of natural wildflowers. Berry bushes would line certain fences and fill edges of the property. the southeast corner of the property might contain a potato patch and possibly a vegetable garden with pea fence or apple trees. III 111 III III. FINAL PUD APPR A. Introduction This request is for final planned unit development approval for the 1 .9 acre parcel described herein which is being leased by the Aspen M Historical Society from the City of Aspen and is part of the larger Marolt/Thomas property. Conceptual PUD approval was granted for this larger property by the Planning and Zoning Commission on October 16, I 1989 . Specific Submission Contents 1 . Final Development Plan a. Contents of Application (1) Attachment if and Survey (Attachment #F) (2) Assuming that the request to rezone this property to public (PUB) is approved, Sec 5-221 of the Aspen code sets Dimensional and parking requirements for the public zone as a part of the PUD process. Discussion of these issues is contained in Section 4 of the Review Standards section of this application. ill (3) Refer to #10 of general requirements and Attachment #G through Construction Schedule The construction schedule is somewhat conting° t on fundraising. However, the following schedule is anticipated. Reconstruction of Barn Summer, 1991 N Addition of Mezzanine Site Development Summer, 1992 101 Open for Business Summer, 1993 (5) For elevations and floor plans of the proposed facilities, see Attachments #L through #0 of this application. In brief, the two existing structures on the parcel will be restored and renovated. In addition, a pre-existing cupola will be added to the main barn as shown in the elevations, a new at grade entry deck will be added to the west elevation, and • new exit stairway will be added to the east ele •• ion. Review Standards: PU 11• • - ,it 1. General Requirements illa. The proposed development is consistent with the Aspen Area Comprehensive Plan. ill III7_ 111 125 peopl er day spread out over a time Lod of eight hours . Based on a one hour time period per visitor , this translates to 16 visitors per hour. Assuming two visitors per car , this would 11 generate a need for eight parking spaces. Staff demands might account for two more spaces. We also would like one space dedicated for handicap parking. Iotal required parking would thus 11 amount to 11 spaces for museum use. There are several important characteristics of this museum which we feel will greatly reduce demand for parking. Firstly, it is located on a major intersection of important pedestrian and bicycle trails connecting town, Cemetery Lane, Castle and Maroon Creeks and eventually downvalley. 11 This, combined with the fact that there is no parking on site, makes pedestrian, bike, and ski access easier for many people than automobile access. Also, the Aspen Historical Society will initiate many walking tours from their Stallard House facility. Access by bus is available from stops near the hospital as well as 11 on Main Street. We feel these factors will provide a very real auto disincentive. _-- I On page 15 of the Marolt Ranch (Housing) Final PUD Application of December 29, 1989, 22 parking spaces are allotted to park, community garden, and museum use. Our proposal is that 11 of these spaces be considered for museum use as follows: I 1. Visitor parking 8 spaces 2. Staff parking 2 spaces 3. Handicap parking 1 spaces Total 11 parking spaces I5. Open Space The percentage of open space is set as a part of this PUD process . 11 The existing open space constitutes 96% of the 1.9 acres. Our proposal is to maintain this 96% figure. 6. Landscape Plan 01 The existing shrubs, trees and significant landforms (contours) will be retained. Open areas between the exhibit areas will be seeded with native grasses and wildflowers. Additional trees for shade and shrubs for visual screening and wind protection are anticipated. Cultivated plants of the ranching era would be introduced at selected exhibits and at the garden area . One pond currently exists at the northwest off the pedestrian trail . A pond with an irrigation gate might be located off the 11 west entry deck. This feature along with the planting of cottonwoods for shade would provide a pleasant picnic area for the museum. 0/ The existing fencing at the south access near the workshop would remain. The remaining fencing would be relocated to frame the ranch yard area between the workshop and the museum. No other -9- 11 r . 0 IS , . II ----- -----1------------------------ -:„ .__ _. _ __ ______. _ _... . • , _ . ,. ___ . __ _ ____ 7 ____ .. __ _ _. __ __ _ _ D L - -- - - -- --- _��i , - _ - _ - p Z N 1 (1) - II .• • p • • G I . . ' J77 1 I I I 4 . I .. I 1L -- - -- II 'Ili t I a, I . • E 1 '1 in I V 4 I I I --I --- - - - ----- .., 1 rd: 1 1 El Iti. 1 2 Jr L. ....,,„ 1 I __ ,c ____c_____ ____H _.T _ • 1 • F - CO X ll - • n. 1-10 Ty 7J _c Jill . . _ - - -- ---v - -1-11-1- ' I- . C IP 1 1 ; - • ' ri It • U '• - > Z- - I i ." P N - H ' 1 ci , i-‘ ili sl \-- ■ i I -a • (,), _\ , I ____, r• • - T. t I t I I-- _I . _,--- i ri • I II 'I 1 `, II a °v I OZ I 9 II i t, I 1 DLL:Jr v . _ I I { 1 I - 1 ill D i I . I - : -c.- -- .. -- -_--- T_- 6 I , I I I q : JaC U ATTACHMENT "B" Referral Comments From Engineering Water Department HPC City Attorney Sanitation District Fire Marshal Parks Department Rocky Mountain Natural Gas MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer (2‘le Date: February 18, 1991 Re: Holden-Marolt Ranching & Mining Museum Final PUD Having reviewed the above referenced application, and having made a site inspection, the engineering department has the following comments: 1. Prior to issuance of any building permit, a plat shall be recorded which meets the requirements of Section 24-7-1004 .D of the municipal code. This must occur within 180 days of approval by council, or the approvals expire. The final plat must show the entire Marolt parcel boundary, but monumentation will only be required on the subdivided portion. 2 . Parking - This appears to be satisfactorily addressed by the applicant. 3 . Access - It is anticipated that vehicular access will be needed for transportation of heavy museum items and for construction. This should be indicated on the final plat together with easements for emergency access. The language on the plat and the possible need for specific easement agreement documents should be coordinated with the city attorney. Pedestrian access must be indicated on the plat with the possible need for dedication of trails to access the site. Pages 11 & 12 - The city is unable to permit access to the site from Highway 82 due to the conditions of the access permit from the Colorado Department of Highways (CDOH) . Service trips should be restricted to "the existing bike/pedestrian trail from the designated parking at the Marolt housing site. " This requirement is the same for construction traffic. 4 . Utilities - Needed easements should be indicated on the final plat for utility connections which are not on the applicant' s property. The language on the plat and the possible need for Page 2 Holden-Marolt Ranching & Mining Museum February 18 , 1991 specific easement agreement documents should be coordinated with the city attorney. The applicant should keep in mind for the utilities location designs to provide for minimal encumbrance to the remainder of the Marolt Property. This may require longer connections if other easements such as trail/access easements are to be used. Note: The city and the council are under some burden in approving an application which does not contain the final plat showing the easements needed on the remainder of the Marolt Property. 5. Storm runoff - This was not discussed in the application. The application is subject to Section 24-7-1004 .C.4. f. It does not appear that storm water runoff will be a problem for this project, but the designers should keep in mind to provide for storm water on their site and not to convey the drainage off their property. 6. Signs locating the museum - Signs located in Highway 82 right-of-way will require CDOH approval prior to placement. Signs located in county right-of-way will require county approval prior to placement. cc: John Worcester, City Attorney' s Office Bob Gish, Public Works Director cr/M91. 49 j^� j' (�I l `f APR 1 6 i CITY OF ASPEN u_ 1991 130?south galena street aspen , _colorado 81611 3 4 rr -175PI O DATE : April 16 , 1991 TO: Mayor and City Council FPOM: Jed Caswall, City Attorney lie" RE: Potential Impact of Requested Rezoning of that Portion of Holden-Marolt Property for Historical Society ' s Museum Use. Per Council ' s request at its last regular meeting to review the possible legal impact, if any, the Historical Society' s PUD and rezoning request for the Holden/Marolt property could have on the terms of the underlying City-Historical Society lease and/or the voter approval for same, I have examined the lease and ballot question and can report to you as follows . The language of the ballot question as approved by the electorate stated as follows: "Shall the City Council of the City of Aspen, Colorado, be authorized to enter into a long-term real estate lease with the Aspen Historical Society for approximately 1 . 9 acres of City-owned real property located on that area commonly known as the 'Marolt Parcel ' , including the Marolt Barn and out- buildings for operation of a museum?" I do not find that the proposed PUD and rezoning request for the subject parcel are in any way inconsistent or violative of the voter approval for the lease. Likewise, I find nothing in the City-Historical Society lease that prohibits or would be adversely impacted by the proposed PUD and/or rezoning. Section 5 of the lease describes "use of the leased premises" and it is silent on issues of zoning. In sum, the proposed PUD and rezoning as requested by the Histor- ical Society for their leased Holden/Marolt parcel is allowable and not inconsistent with the terms of the underlying lease and/or the voter approval of same. EMC/mc cc: lannin Director MEMORANDUM TO: City Attorney City Engineer Water Department Aspen Consolidated Sanitation District Parks Department Fire Marshal Historic Preservation Committee Parks Association /� Kim Johnson, Planning Office ( RE: Holden-Marolt Ranching & Mining Museum Final PUD Parcel ID# 2735-123-00-025 DATE: January 21, 1991 Attached for your review and comments is an application submitted by the Aspen Historic Society requesting Final PUD approval for the Ranching and Mining Museum on the Holden-Marolt property. Please return your comments to me no later than February 11, 1991 Thanks. r:/{,_Z �4 � /' Gr-` ce h )'1L._ t-c- te /JiC t.4---k L :i 4 MEMORANDUM TO: City Attorney City Engineer Water Department Aspen Consolidated Sanitation District Parks Department Fire Marshal Historic Preservation Committee Parks Association FROM: Kim Johnson, Planning Office RE: Holden-Marolt Ranching & Mining Museum Final PUD Parcel ID# 2735-123-00-025 DATE: January 21, 1991 Attached for your review and comments is an application submitted by the Aspen Historic Society requesting Final PUD approval for the Ranching and Mining Museum on the Holden-Marolt property. Please return your comments to me no later than February 11, 1991 Thanks. sleet tJ FEB I I M E M O R A N D U M TO: KIM JOHNSON, PLANNING DEPARTMENT FROM: LARRY BALLENGER, WATER DEP '? TMENT DATE : FEBRUARY 8 , 1991 SUBJECT: HOLDEN-MAROLT RANCH The Holden-Marolt Ranch Property is a maze of old water service lines . The City has no maps or records for this property. This property is one of the oldest , most used parcels of land in the City. it has experienced many diverse uses . in past years , property piping has been routed to building/structures that are now non-existent . There are several yard spigots that are being illegally used at this time . The tap locations and lines are unknown . if this property is to be used for public use , all existing utilities must be located . Tap locations must be found and all points of use identified ; or , all existing taps must be located, disconnected from the mainline , and, new service connections made . The possibility of a cross connection is too great to permit the existing system to be used . The plans dictate the future use of existing ditches and ponds on the property. The Aspen Historic Society does not own these water rights ; and , as far as I know, has no agreement or contract for use of this water . Water in Colorado cannot be impounded unless a Storage Right has been established . In this situation , storage rights are moot due to the fact that the Historical Society does not own the water rights to the ditches to begin with . In summation, the old, existing water services on the Marolt property should be located and disconnected . New taps and service lines should he installed prior to the public use of this property . Water rights will not be conveyed with the lease . LB : 11 cc Judy McKenzie Bob Gish MESSAGE DISPLAY TO Kim Johnson From: Roxanne Eflin Postmark: Feb 27, 91 9 :58 AM Subject: Holden-Marolt referral comments - HPC review Message: The HPC granted Conceptual Development approval with conditions for the Holden-Marolt barns site on November 28, 1990. The conditions are summarized as follows: Sub-committee of 3 project monitors & staff shall review all details of the project prior to Final submission, cupolas shall be reconstructed, all preservation activities shall adhere to the Secretary of the Interior Standards, landscape, deck, ditches, fencing, etc. details are required for Final, as well as exact major building materials. The deck shall be low (close to grade level) - the historic loading dock feature left alone. ---------------x-------- MEMORANDUM TO: City Attorney ^,m City Engineer - Water Department Aspen Consolidated Sanitation Distri t Parks Department \ ' / Fire Marshal 4`:' �„� Historic Preservation Committee L c ' Parks Association C( y� FROM: Kim Johnson, Planning Office OFF10ElYEys RE: Holden-Marolt Ranching & Mining Museum Final PUD Parcel ID# 2735-123-00-025 DATE: January 21, 1991 Attached for your review and comments is an application submitted by the Aspen Historic Society requesting Final PUD approval for the Ranching and Mining Museum on the Holden-Marolt property. Please return your comments to me no later than February ii, 1991 Thanks . (�� 7 // - C:. ^ / L . ig,_ __Lc*:_ -1/1/v,_ b--Ot 'OS: C/E'lL'LL 6% ,Lc_ ! enni1 consolidated Sanitation Di ? strict 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Tele. (303) 925-2537 February 7. 1991 Kim Johnson Planning Office 130 S. Galena Aspen, CO 81611 Re: Holden- Marolt final PUD Dear Kim: The Aspen Consolidated Sanitation District currently has sufficient line and treatment capacity to serve this project. In review of the application we have the following comments - If kitchen facilities are provided they must be connected to a District approved grease interceptor . If separate buildings are connected to the District' s collection system they must be connected by individual service lines. All on-site water amenities, such as ponds and irrigation ditches, must be taken into consideration when planning the service line connections. Service lines and District collectors cannot be located beneath or adjacent to ponds and irrigation ditches. The application represents the construction of a pond near a District collector and man-hole. If the pond amenity is located near our on-site system it must be lined with bentonite. The District cannot allow any clear water connections to our system such as foundation drains, storm water connections, roof drains, or any other type of surface water connection. All on- site surface water control must be handled by dry wells or on- site drainage improvements. Sincerely, Bruce Matherl District Manager cc : Graeme Means, Aspen Historical Society MAY Lill U COIORADO -_ HISTORICAL SOCIETY The Colorado History Museum 1300 Broadway Denver,Colorado 80203-2137 May 17, 1991 Roxanne Eflin Aspen/Pitkin County Planning 130 S. Galena Aspen, CO 81611 Dear Roxanne: This is in response to our conversation regarding the boundary change in the Holden-Marolt District. We will need to have more information regarding the location of the new boundary and acceptable reasons for the change. Enclosed is a copy of the district map for you to return to us if you pursue the changes. As you may be aware, the National Register will accept only three reasons for boundary changes. They are briefly, 1) loss of integrity; 2) professional error in the original boundary; 3) procedural error at the time of nomination. I have enclosed the Federal regulations addressing the process. for boundary changes. See 60.14 and 60.15. It is essentially the same as for a new nomination and the regulations for official notification procedures and Review Board approval need to be followed. Even if the Review Board approves there, is no guaranty the Register will approve the changes. We have discussed this in-house and would discourage you from this course of action. We also do not feel the current reason based on 4F meets the National Register regulations. I spoke with Sally Pearce at the Highway Department and understand that the boundary change will not avoid 4F. They have to go through that process anyway. Whether the highway goes throng e istrict and insi e boundaries or outside the boundaries there will not be any difference in the effect on the resource. Please let me know if we can be of further assistance. Sincerely, Barbara Norgren National Register Coordinator Enclosures MEMORANDUM FEf3 ' I TO: KIM JOHNSON, PLANNING OFFICE FROM: GEORGE ROBINSON, PARKS DIRECTOR RE: HOLDEN-MAROLT RANCHING AND MINING MUSEUM FINAL PUD PARCEL ID# 2735-123-00-025 DATE: FEBRUARY 6, 1991 The following are comments from the Parks Department in regards to the Holden-Marolt Ranching and Mining Museum application for final PUD: 1. Page 3 , Museum Description: The end of the paragraph describing the utilization of the 1.9 remaining acres states that irrigation techniques will be demonstrated. What specific type of irrigation techniques will be demonstrated and by whom? Who will be the contractor constructing the irrigation system? 2 . Page 3 , Museum Description: In regards to the sentence stating "There wil be no vehicles allowed on property except emergency and service vehicles" , where will the entrance be for such vehicles? If it will be the bike path, the Parks Department questions the type of serivce vehicles (ie. , tractor trailers, or other large serivce vehicles) to be servicing the museum. 3 . Page 5, Site Plan, paragraphs 3 & 5: Who will maintain the proposed irrigation ditches and ranch vegetation and garden? Will the proposed ditches interrupt water flow to the rest of Cemetery Lane ditch users? 4 . Page 9 , Off Street Parking (#4) , paragraph 4 : Where specifically will the 11 parking spaces be and will they be designated with signs for museum use only? 5. Page 11, Traffic and Pedestrian Circulation Trails, paragraphs b, c & d: Th Parks Department has no intentions at this time to develop a trail spur. The "shortcut"/"goat path" could be utilized and labeled as a scenic and/or nature path. However, the Parks Dept agrees the safety and liability of the trail should be ensured especially since the trail parallels a steep embankment. Th City has the easements already for this trail . Paragraph d, What type of bicycle racks will be installed. 6. Page 11 & 12, Service Access: What types of vehicles will be used for dro offs? 7 . Page 12 , #12 : The Parks Department paved the trail in the fall of 1990 an installed culverts at that time which we assume were sufficient, unless there are proposed ditches that we are unaware of. 8 . In regards to the attached conceptual site plan, the Parks Department woul like to see a better or more accurate design of the proposed irrigation ditches. Also, as depicted in the site plan, there are many small paths shown all around the area, who will be constructing and maintaining these paths? ROCKY JAN 14 MOUNTAIN -1 E� NATURAL GAS �l-r, DIVISION OF K N ENERGY,INC. December 27, 1990 Heidi Hoffmann P. O. Box 2497 Aspen, CO 81612 Re: Holden Marolt Ranching/Mining Museum Dear Ms. Hoffmann: This is in reply to your inquiry concerning the Holden Marolt Ranching/Mining Museum project. Please be advised that the project is within the service area of Rocky Mountain Natural Gas (RMNG) . It is RMNG' s understanding that if RMNG installs any facilities to serve this development, said facilities will be installed on franchise property as governed by the franchise agreement. If some unusual circumstance arises that requires the installation of our facilities on a utility easement, the utility easement area must be accessible to the grantee for the purpose of construction, installation, maintenance, renewal, repair and operation of pipelines installed thereon; therefore, grantor shall not construct nor cause nor allow to be constructed surface structures over the easement area. Surface structures shall include, but not be limited to, fences, walls, buildings of any type, shrubs or trees. All service provided will be subject to the tariffs, rules and regulations on file and upon completion of contractual arrangements. We do not, however, consider this an application for natural gas service for this development. If the developer desires natural gas service, he must submit written applications for such service to the local RMNG distribution office. A decision will then be made as to whether or not natural gas service can be rendered. Very truly yours, Rat Patch Aspen District Manager RP/sbj pc: John Wilson - Glenwood Springs 401 27th Street Glenwood Springs,Colorado 81601 (303)945-8617 ..niZI:rr.i.C.,;..4:,•4',.t \ \ N.... : ... t-Cr-i...... :I.:a.....5...".4-,":.t,,..V: 7'Al. Attachment "CI' '; •fr ellt:IL:.1.0(114r \.... A?".:- .' .' *AL--''' f-17... , -17?•-2,1-34,..ti, ;pat H.,1.,...A kci;:irtE,p k 6), • . ..„-‘ „... , NEtrft , ..p.„ ..,.. 0 . - .r- • ' ''''' .. lif . • - moot:'Jr'',I, 4t r; .1.:. -• , • fc.:.1“t '..4.6"'ria,ca '1‘\".'''' ';'')•1_•"' .1//'•‘: -1: r if.;') 7:.''..t: . •--• -C-r. ikorp.. 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IS ell IS Ii ftes,e6 111456um • • • • • • • • • • • • • • • •ffiskgr- • tr ' Wee 130t4111:Ag‘( liklicti CSAAL. ce4lait tet441°A121 .,i V WOIPre c;(AC Co pi .% ASPEN HISTORICAL SOCIETY 620 West Bleeker Aspen, Colorado 81611 (303 92 41± -i.nw,t ',-+ 4 ) 5-3721 Ir- �„ i- it* ' i� »�.: « f i11�1, Trill , _EB 8 January 10 , 1991 Aspen City Council 130 South Galena Street Aspen, Colorado 81611 Dear City Council Members, I am writing this letter on behalf of the Aspen Historical Society to ask the City Council if you will consider waiving the planning review fees associated with our final PUD submittal . As you know, our organization has embarked on an ambitious plan to restore the Holden-Marolt barn and surrounding 1 . 9 acres for the purposes of opening a ranching and mining museum and historical park. The project has a very popular base of support as shown in a recent election and is one that will greatly benefit both residents and visitors of Aspen. It will have a broad range of appeal with programs and exhibits attracting school age children from the entire valley as well as local residents , seniors and tourists . The ranching and mining museum is housed in a unique building on city land and illustrates a different and integral part of Aspen' s past . With the large number of volunteers that have participated in and have expressed interest in the design, building, and operation of the museum, there can be no question that the Holden-Marolt will indeed be a community project . A project where both the public and private sectors work together for everyone ' s benefit . While we do not plan to ask the City for any direct monies to fund the project , we feel it is appropriate for us to ask that you waive the P & Z fees , and we hope that you will consider this request favorably. Sincerely yours ,e Rick Newton, VicePesident Aspen Historical Society PUBLIC NOTICE RE: HOLDEN-MAROLT RANCHING & MINING MUSEUM FINAL PUD, SUBDIVISION, GMQS E] EMPTION AND REZONING TO PUBLIC ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 5, 1991 at a meeting to begin at 4: 30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by the Aspen Historical Society requesting approval of Final PUD, Subdivision, GMQS Exemption and Rezoning to Public Zone District for the 1. 9 acre Holden-Marolt Ranching & Mining Museum parcel. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St. , Aspen, CO 920-5090 . s/C. Welton Anderson. Chairman Planning and Zoning Commission Published in The Aspen Times on February 7 , 1991. City of Aspen Account. ASPEN HISTORICASOCIETY adENit � 620 West Meeker • Aspen, Colorado 81611 • 303/925-3721 gnu-W II .r { fr' IIII;l February 11, 1991 BOARD OF TRUSTEES Carl Bergman Janet Burrows Fran Davies Dick Durrance Merrill Ford According to U.S. Department of Interior, Bureau of Iarr, Fredrick Land Management, New Colorado Land Office records, Sally Glenn master title plat sections 1,2,11,12 T 10 S, R 8 S.W. Bob Greeter of the 6th P.N. there are no mining claims within hn» Hubbard 300 feet of the Marolt Parcel . Jane Kelly Christie Kien act We have sent the attached Public Notice, regarding Ramona Nlarkalunas Rick Ncwtr>n the Holden-Marolt Ranching & Mining Museum Final PU , Si Smith Subdivision, to the attached list of residences within Geri Vagne„r the 300 feet radius of the Marolt Parcel , on February Don AXesrerlind 14, 1991. Rut, Whyte Brig Young CAMPAIGN FOR ASPEN Honorary Chairpersons Richard D. and Dorothy V. Lamm Chairperson Janet Dillon Burrows Business Drive Chairman Richard Newton Steering Committee Fran Davies Gan Gleason Mary Gleason Sally Glenn Jean Sicker Ruth Whyte Chairpersons of Solicitation Budge Bingham Carol Blonrquist Thomas Hubbard LANDOWNERS WITHIN 300 FEET OF HOLDEN-MAROLT RANCHING & MINING MUSEUM Box 72 Aspen , CO 81612 Edward GZasac Aspen, CO 81612 Lucyrd Hibberd y Box 562 Denver, CO 80209 Lucy Hihberd 222 'Tennessee St Aspen, CO 81612 George Whipple Box 10657 Aspen, CO 81612 Sharon Kahn Box 3386 91316 Elsie Rinker Apt. 2, 17938 Burbank BlvdEncino, CA 81612 Sharp Designs , Inc. Box 8630 Aspen, CO Aspen, CO 81612 Crystal Palace Corp Box 32 Aspen, CO 81612 Neigh Coates Box 6449 Jacobus DePagter Box 182 Aspen, CO 81612 Bruce Nicolas Berger Box 2608 Aspen, CO 81612 As en, CO 81611 Ted Knoutsoubes 419 E. Hyman Aspen, CO 81612 Kirk Gregory 10055 Fred Alderfer Box 10880 Aspen, CO 81612 Thomas Schultze Box 298 Aspen, CO 81612 Dennis Vaughn 5th floor, 1299 Ocean Ave Santa Monica, CA 90401 Germaine Dietsch 30 Sawmill Court Aspen, CO 81611 Aspen, CO 81611 Heinz Coordes 908 W. Francis Aspen, CO 81611 Sally Burchell 930 W. Francis Aspen, CO 81611 <Kltie Skiff 920 W. Hallam Aspen, CO 81612 Carl Bergman Box 1365 81612 Pietro Danieli Box 1995 Aspen, CO Keith Hefner Box 2150 Aspen, CO 81612 Richard Brunswick 353 Walnut St New Orleans, LA 70118 arendon, TX 79226 Montgomery Ritchie Paloduro Rt. Clarendon, CO 81611 Herbert Klein 2653 Juniper Hill Erwin Knirlberger 801 W. Bleeker Aspen, CO 81611 CO 81612 Richard Long Box 1314 Aspen, 81612 William Gilner Box 964 Aspen, CO Savanah Limited Partnership Box 566 Aspen, CO 81612 Aspen, CO 81612 Eleanor Berger Bealmear Box 632 Leonard Frankel c\°,� ?bc -L— Daniel Lee 205 Franklin Rd. Glencoe, IL 60022 Mary Bash ?c x 3-k Cl As en, CO 81612 Victor England Box 245 p Jacqueline Larner 1952 Leyden St. Denver, CO 80220 psnen, 81612 Samuel Eichner Box 9704 Aspen , CO 0O LA 70001 Jerry Hoggatt 85 Dream Court 81611 Paul Murry 814 W. Bleeker #C-5 Aspen, CO 81612 , Sandra Waltner Box 8789 Asp een CO 81612 Richard Cohen Box 1806 81612 Ameneh Fatahi Box 8080 Aspen, CO Dona Stuart Box 11733 Aspen, CO 81612 115 William iam Schaffer Apt 193, 3120 Orange Leaf Memphis, 88612 Charles Morris Box 12362 Aspen, CO 81612 Tong Khon Luu Box 2785 Alejandro Topelson 5300 DTC Parkway #400 Englewood, CO 8 o , CO 80111 Frederick Uhler Box 49 Joliet, IL 60435 612 Col Gary Lichtenwalter 417 Taylor Col . Lomas De Cha6035pec Jose Grinberg Sierra Mazapil #135 Col Mexico 11000 MEXICO 1 Landowners withi 00 feet of Holden-Marolt Ranch j & Mining Museum Hugh Macaulay 814 W. Bleeker Aspen, CO 81611 Alexander Gross Box 9500 Aspen, CO 81612 Nicholas Pullos 2810 1 Sheridan P1 Evanston, IL 60201 Joseph Mitton 2121 Wagner Glenview, IL 92121 Klaus Obermeyer Box 130 Aspen, CO 81612 Lynn Lichtenwalter 92 Atlantic Ave Aspen, CO 81611 Michael Heisley C/O Heico, Inc. 145 N. Swift Rd-Addison, IL 60101 Albert Brown Jr. 4105 Rose Hill Ave Cincinnatti , OH 45229 Kenneth Kurtz C/O Brakur Custom Cabinetry 18656 S. Rt 59 Shorewood, IL 60435 Robert Shall Cross Suite 8-225 Westwind Dr Avon Lake, OH 44012 John Dietrich 744 E. Lake St Wayzata, MN 55891 Paul Hinrichs 825 Gaylord St Denver, CO 80206 Rik Ricciarchi Box 3167 Aspen, CO 81612 Steven Wickes Box 10148 Aspen, CO 81612 Western Investment17700 W. Capitol Dr Brookfield, WI 53005 William Vidrick Box 4516 Aspen, CO 81612 Susan Hojel Box 2027 Aspen, CO 81612 Barbara Carson Box 4594 Aspen, CO 81612 Sherlynne More Box 9866 Aspen, CO 81612 Timothy Pettit Box 9866 Aspen, CO 81612 Jay Martin C/0 Capitol Cigar & Tobaco, Suite 700 6411 Ivy Lane Greenbelt, MD 20770 Welton Anderson ;),- s coAi.,- lc- i;,-- Betty DiBartolomeo 3795 Indian Trail Orchard Lake Vlg„ MI 48033 Arvin Wayne Eidson Box 271 Sulphur, OK 73086 Richard Doyle 3711 Eastledge Dr Austin, TX 78731 Roger Erftmier 4717 F Street Omaha, NE 68117 Richard Sherriff Box 11108 Aspen, CO 81612 Muriel Ganz Box 562 Aspen, CO 81612 Aspen Square Condo 617 E. Cooper Aspen, CO 81611 John Wilkinson Box 1360 Aspen, CO 81612 Harold Haddon 909 21st St Denver, CO 80205 Stanley Sperling 315 N. Elm Br. Beverly Hills, CA90210 David Menscher 40 Ocean Vista Newport Beach, CA92660 Scott Davidson Box 5141 Aspen, CO 81612 John Leppla Enrique Sarro Laya 227-5 Mexico 20 D.F. , Mexico 01900 Ellen Kuper 133 N. Eighth St Aspen, CO 81611 Roland Cody 405 B W. Coleman Blvd Mt. Pleasant, SC 29464 John Morrison Box 8991 Aspen, CO 81612 Grant Landis Box 5208 Snowmass V1g. ,C0 81615 H.J. Wachtel 100 N. 8th St Aspen, CO 81611 Teresa Carroll 1325 Sage Ct Aspen, CO 81611 Troy Terrell Box 10725 Aspen, CO 81612 James Blanz 2555 NE 11th St #1002 Ft. Lauderdale, FL33304 Michael Behrendt 334 W. Hyman Aspen, CO 81611 Lisa Russell Box 3362 Aspen, CO 81612 Anthony Petroco Box 10659 Aspen, CO 81612 Andy Sanchez Box 1801 Aspen, CO 81612 2 Landowners within : feet of Holden-Marolt Ranchinc, Mining Museum Michael Toth Box 2031 Aspen, CO 81612 Patricia Brucato Box 4227 Aspen, CO 81612 Jay Fels 3645 Valley Meadow Rd Sherman Oaks, CA 91403 Archer Bishop Box 11146 Knoxville, TN 37939 Frederick Becker 205 S. Mill Aspen, CO 81611 Shlomo Ben Hamoo 3, 1... -Ar\c)__ r+5oe `"c-,a George Madsen 931 W. Francis Aspen, CO 81611 Barbara Seidel Box 548 Aspen, CO 81612 Michael Lipkin Box 3004 Aspen, CO 81612 Hans Gramiger Box 67 Aspen, CO 81612 Edward Wachs Box 405 Aspen, CO 81612 Castle Ridge Assoc „ 7, ,,,,k,,„/ )°% 05“) S'Avzr Thar ' ✓1 fi �1`J' 7i41,,:„ C 1v e,s1n3-A-,.�r�4-1 - ��.-.dV�Iw=_r1,.L a G' (t l C✓�'- k k < 3t���dyk- h i L J l i`rfi , ,6C;,.0 �.� � OLIN:\ �- j _ j,- ia()ci., Hi. >+. Li• I ‘.-4�e[�ti C-t^ ) ) R 1 �2C(� � �� cE aL �ti�� �; _ 3 C NET GROUND LEASE NET GROUND LEASE (hereunder this "Lease") , made and entered into this /17 day of /I/L>✓P/" ^—� , 1989 , by and between THE CITY OF ASPEN (hereinafter "Lessor") , and THE ASPEN HISTORICAL SOCIETY (hereinafter "Lessee") . WHEREAS , in consideration of the rents and covenants herein specified to be paid and performed by Lessee, Lessor hereby demises and leases to Lessee, and Lessee hereby leases from Lessor for the term hereinafter specified, that certain parcel of land in Pitkin County, Colorado, described in Paragraph 2 . 0 below (hereinafter the "Leased Premises") ; and WHEREAS, the parties hereto wish to establish a lease agreement whereby Lessee will make all payments necessary to ensure that Lessor makes no payments necessitated by its owner- ship of the Leased Premises not reimbursable by Lessee; WHEREAS, the Lessee wishes to establish and operate a museum on the above-mentioned parcel of land in Pitkin County, Colorado, described in Paragraph 2 below; NOW, THEREFORE, in mutual consideration of the terms, conditions and covenants contained herein, Lessor hereby demises and leases to Lessee and Lessee hereby leases from Lessor, the Leased Premises as described hereunder, according to the terms, conditions and covenants contained in this Lease Agreement. 1. Term. The term of this Lease shall be seventy-five (75) .years from the date of this Lease unless sooner terminated as hereinafter provided. 2 . Leased Premises. The Leased Premises shall mean that certain real property described below, excluding any and all improvements thereon: See attached Exhibit "A" attached hereto. 3 . Rent. a. Lessee shall pay Lessor as rent for the Leased Premises a yearly basic rent of $1. 00 'due on the first day of each year of the lease term. b. Except as otherwise provided herein, the basic rent provided for in this Lease, free of any loss, expenses or charges with respect to the Leased Premises, including main- tenance, repairs, costs of construction and replacement of buildings or improvements, insurance, .taxes and assessments now or hereafter imposed upon or related to the Leased Premises. Lessee shall bear and pay for such charges. c. During the term of this Lease, Lessee shall pay, as they become due and payable and before they become delinquent, all taxes, assessments and other public charges of any kind and description levied or presently existing upon or now. or hereafter assessed against the Leased Premises or upon any of the improve- 2 ments thereon, or which may be levied or assessed upon the leasehold estate hereby created or upon Lessor' s interest herein or upon Lessor' s reversionary interest in the fee, including those arising by reason of the occupancy, use or possession of the Leased Premises by Lessee (hereinafter collectively "Taxes") ; provided, however, that with respect to assessments levied for public improvements which may be paid in installments, Lessee shall be obligated to pay only those installments due during the term of this Lease, the Lessee shall not be liable for the payment of taxes of which Lessee neither has nor should have knowledge until thirty (30) days from the day written notice is given Lessee by Lessor of the nature and amount of the hitherto unknown tax. No special taxes shall be levied by Lessor against the Leased Premises or Lessee that are not levied against similar property or users. In the event the Leased Premises are included in an improvement district as defined in the Municipal Code of the City of Aspen, Lessee shall pay such assessments as may be levied upon the Leased Premises. 4 . Representation of Title ; Quiet Eniovment. a. Lessor represents that the Leased Premises are owned by Lessor in fee, pursuant to that deed from the Marolt Estate to Lessor, subject only to liens, restrictions established by the general planning and zoning code of the City of Aspen, Colorado, and any state of facts which an accurate survey or physical inspection would show. Lessee, by entering into this 3 Lease, agrees that Lessee is satisfied as to Lessor' s title to the Leased Premises and has found the same to be satisfactory. b. Lessor hereby covenants that Lessee shall have the peaceable use and occupancy of the Leased Premises subject to Paragraph 5 hereinbelow during the term of this Lease, for so long as Lessee pays the rent specified herein and performs all covenants herein agreed to be performed by Lessee. 5. Use of Leased Premises. Lessee may use the Leased Premises for any purpose which conforms with the requirements of all policies of insurance at any time in force with respect to the Leased Premises and all laws, ordinances and regulations applicable to the Leased Premises and subject to subparagraphs a. through d. hereinbelow. a. Lessee may use the premises only for the purposes of operating a museum with customary accessory uses . b. Lessee shall use due diligence to insure that all present uses of the property, not incompatible with the use as a museum, continue unfettered and in full force and effect. Any change in use shall be approved in writing by the Lessor. c. Lessee agrees to prohibit the use, parking and storage of automobiles on the Leased Premises , except for emer- gency situations and deliveries and in connection with recon- struction/repair of the improvements thereon. d. Lessee understands and accepts that the Holden- Marolt Barn site is a locally designated landmark, subject to 4 development review and approval by the Aspen Historic Preserva- tion Committee as stated in Section 7 . 6 of the Land Use Code. No enlargements or alterations in the form of attached additions are proposed, except restoration of the original roof bridge cupola. 6. Utilities. a. Lessee shall pay all charges for water, electri- city, gas, sewer, telephone and other utility services furnished to the Leased Premises. b. Lessor shall not be required to furnish Lessee with any utility services, provided that Lessor shall cause, at Lessee ' s expense, gas, water, sewer, telephone and electricity to be available at or near a boundary line of the Leased Premises, and Lessee at its expense shall connect and extend said utilities into the Leased Premises. 7 . Assignment and Subletting. Lessee shall not be allowed to sublease and assign this Lease without the consent of Lessor; provided, however, that the Lessee' s obligations hereunder shall continue in full force and effect in accordance with the term of this Lease unless such written consent of Lessor expressly releases Lessee therefrom; and provided that Lessor shall release Lessee if Lessee delivers to Lessor such information and docu- mentation as shall be reasonably necessary to assure Lessor that the proposed sublettor or assignee is of good moral character and is financially able to fulfill Lessee ' s obligations hereunder. 5 8 . Initial Improvements ; Subsequent Improvements and Alterations. a. Lessee agrees not to demolish any buildings or improvements on the Leased Premises, in whole or in part, unless such demolition is performed for the purpose of or incident to the erection of new buildings or improvements, or the replacement and repair of existing buildings and improvements, and only with the written consent of Lessor, subject to all necessary approvals. b. Any such construction shall be done in good and workmanlike manner, in compliance with all laws, ordinances and regulations applicable thereto. c. Lessee shall promptly pay for all such improve- ments, additions, alterations, substitutions, replacements or removals and shall discharge any and all liens filed against the Leased Premises arising therefrom; provided, however, that Lessee may contest any claim or lien, if Lessee shall furnish Lessor (or a court having jurisdiction over the controversy) adequate security in the amount of such claim or lien. Lessee shall procure and pay for all required permits, certificates and licenses in connection with such work, and Lessor shall cooperate to the extent necessary in their procurement; provided, however, that nothing contained herein shall be deemed a waiver of Les- sor' s discretion or prerogative wit respect to the issuance of any such permit, certificate or license. 6 d. Subject to the provisions of Section c, all improvements (except trees and landscaping) constructed upon the Leased Premises shall be the property of Lessee. e. Nothing contained in this Lease shall be construed as constituting the consent or request of Lessor, expressed or implied, to any contractor, subcontractor, laborer or materialman for the performance of any labor or services or the furnishing of any materials for any improvements of the Leased Premises or any alteration, addition or repaid thereof. Any contract entered into by Lessee for such labor, services or materials shall provide for the waiver of any claims against Lessor or the Leased Premises which may arise as a result of such contract, unless otherwise agreed to by Lessor or unless otherwise provided for herein. Lessor shall be permitted to erect any and all reason- able signs and notices necessary to give notice of its intention to not be liable for the furnishing of any such labor or materials. 9 . Maintenance and Repair. a. Lessee shall, at Lessee' s sole cost and expense, maintain the Leased Premises (including all improvements , addi- tions, alterations, substitutions and replacements thereto) , in good repair and appearance during the term of this Lease, ordinary wear and tear excepted, and Lessee shall with reasonable promptness make all structural and non-structural , and ordinary 7 and extra-ordinary, repairs of every kind and nature which may be required upon the Leased Premises during the term of this Lease. b. Lessee shall maintain all portions of the Leased Premises and the sidewalks, culverts, and passageways within and adjoining the same in a clean and orderly condition, free of dirt, rubbish and unlawful obstructions, and, if the premises are operated in the winter, Lessee shall maintain the premises free of snow and ice. c. Lessee hereby waives all right to make repairs at the expense of Lessor as may be provided now or hereafter under the laws of Colorado. d. Lessee shall have no obligation to maintain or repair the Leased Premises in accordance with this Paragraph 10, but -Lessor may do so at the expense of Lessee if necessary to preserve the Leased Premises and if after thirty (30) days ' written notice of the necessary maintenance or repair such has not been performed by Lessee. 10. Insurance. a. Lessee will, at its expense, take out and maintain throughout the term of this Lease the insurance set forth herein- below in amounts not less than those specified with companies of recognized standing which are authorized to do business in Colorado naming Lessee, Lessor, and holders of mortgages and deeds of trust, if any, as insureds, as their interest may appear: 8 i . Public liability and property damage insurance covering liabilities, damages, costs, expenses, causes of action, suits, claims, demands and judgment in limits of not less than $100, 000. 00 with respect to personal injury or death to any one person; $400, 000. 00 and not less than $400, 000 . 00 for personal injury or death arising out of one accident with an aggregate of $1, 000, 000. 00 ; and not less than $100, 000 . 00 for damage to property. ii. Fire insurance with standard extended cover- age endorsement covering all improvements on the Leased Premises to at least eighty percent (80%) of their insurable value. iii. Such employee compensation and liability insurance as may be required under the laws of the State of Colorado. iv. Such other insurance as may be required from time to time under any federal, state, county or local law, ordinance or regulation. v. If at any time or from time to time during the term of this Lease, higher policy limits, or any of them, become customary in the area, Lessee shall, immediately upon receipt of written request therefor from Lessor, increase said limits to the amount or amounts of such higher customary amounts. b. Insurance claims on the Leased Premises may be adjusted by Lessee with the approval of Lessor. 9 • c. Each such insurance policy shall provide that it shall not be cancelled without thirty (30) days ' prior written notice to Lessor, Lessee, and holders of mortgages or deeds of trust. d. The original policies or duplicates, or certifi- cates or binders evidencing all such insurance shall be delivered to Lessor, and shall be available in Pitkin County, Colorado, for inspection during normal business hours. At least thirty (30) days- prior to the expiration of each such policy, Lessee shall obtain and deliver to Lessor a renewal thereof which complies with this Lease, and in the event of Lessee' s failure to do so, Lessor, Leasehold Mortgagee or any holder of a mortgage or deed of trust is authorized to do so for Lessee' s account with any and all' costs thereof to be charged to Lessee. 11. Casualty. a. In the event any or all of the improvements on the Leased Premises shall be damaged or destroyed by any cause whatsoever, whether in the course of construction or after completion thereof, Lessee shall, at Lessee' s expense, repair, replace or rebuild the same at least to their condition immedi- ately prior to such damage or destruction. Lessee shall commence the work of repairing, replacing or rebuilding said improvements within six (6) months from the date of the damage or destruction and shall proceed with -due diligence to complete the same in a workmanlike manner. 10 b. All insurance proceeds received as a result of such damage or destruction shall be immediately available to and used by Lessee for repairing, rebuilding, or replacing such improvements in accordance with Paragraph 9 . In the event that such insurance proceeds are inadequate for such repairs, rebuild- ing or replacement, Lessee shall pay the balance thereof. c. Notwithstanding anything in this Paragraph 11 to the contrary, if the improvements on the Leased Premises shall be damaged by fire or other casualty to the extent of 50% or more of their value immediately preceding such damage or destruction within the last ten (10) years of the term of this Lease, any restoration of improvements shall be at the sole discretion of Lessee. In the event that Lessee elects not to 'restore the improvements, Lessee shall promptly remove any debris and restore the Leased Premises to a safe, clean and level condition, at which time or at any time thereafter., this Lease may be ter- minated by Lessor, at Lessor' s option, in accordance with Para- graph 14 hereof. 12 . Eminent Domain. a. In the event that the Leased Premises are taken in whole or in part by condemnation proceedings or eminent domain, or in the event that Lessor and Lessee shall convey all or a part of said Leased Premises in avoidance or settlement of such condemnation proceedings, or threat of condemnation proceedings (any of which is referred to hereinafter as "The Taking") , Lessor 11 and Lessee herein agree as follows: If less than 100% of the Leased Premises is taken, then from the time of taking of physi- cal possession by the condemnor or proposed condemnor, the basic rent shall abate in the ratio that the area of the Leased Pre- mises taken bears to the area of the Leased Premises before such Taking; provided, however, in the event that in excess of 25% , but less than 100% of the Leased Premises is taken, or if the Taking shall render the remainder of the Leased Premises unsuit- able for the use to which is was put prior to the Taking, then at Lessee' s option this Lease shall, with the consent of Leasehold Mortgagees, terminate. Any condemnation awarded, sale price or amount received in settlement, shall be apportioned between Lessor and Lessee as follows: i. First, to the Lessee - All amounts attribut- able to the value of the improvements con- structed on the Leased Premises. All costs of moving the museum exhibits. ii. Next, to the Lessor - The balance of the award. Any person or party claiming by, through or under Lessor or Lessee, respectively, shall share in any award, sale proceeds or settlement only out of the portion thereof allocated to the party by, through or under which they claim, provided, however, that in the event there is a mortgage or deed of trust under Paragraph 12 in which Lessor has joined so as to subject 12 Lessor' s reversionary interest in the fee of the Leased Premises to the lien thereof, said mortgagee or holder of such deed of trust shall share first in the portion allocated to the Lessee under (i) above, and if there then remains a balance due from the portion allocated to Lessor under (ii) above. Lessee agrees to pay on demand to Lessor any portions of Lessor' s award used to satisfy the balance due under any such mortgage or deed of trust. b. In the event of the Taking of the whole of the Leased Premises, this Lease shall terminate and all obligations of the parties hereto shall cease upon the taking of physical possession by the condemnor or proposed condemnor. 13 . Hold Harmless. Lessee agrees at all times to relieve, indemnify, protect and save harmless Lessor from any claims and liability including reasonable expenses incurred in defending against claims and liability, for death or injury to persons or damage to property that may in whole or in part arise from or be caused directly or indirectly by: a. Any dangerous, hazardous, unsafe or defective condition of, or in or on the Leased Premises, of any nature whatsoever which may exist by reason of any act, omission or neglect of or by any use or occupation of said Leased Premises by Lessee, Lessee' s agents, employees, licensees, permittees or invitees . b. Any operation conducted upon or any use or occupa- tion of the Leased Premises by Lessee ' s agents, employees , 13 • licensees, permittees, or invitees under or pursuant to the provisions of the Lease or otherwise. c. Any act, omission or negligence of Lessee' s agents, employees, licensees, permittees or invitees. d. Any failure of Lessee, Lessee' s agents or employees, to comply with any applicable federal, state or municipal law, ordinance, rule or regulation. 14 . Default. a. If at any time after the commencement of the term of this Lease and of the events set forth below in this Paragraph 14 (hereinafter "Events of Default") occur, Lessor or Lessee may with one hundred twenty (120) days' written notice to the other party at the address provided herein terminate this Lease. i. Lessee shall default in the observance or performance of any covenant or provision of this Lease, other than payment of rental, and such default continues for thirty (30) days after notice in writing of such default from Lessor; provided, however, that any such default which cannot be cured within said thirty (30) days and which Lessee shall in good faith and with due diligence ,be proceeding to cure shall not constitute an Event of Default; ii. A voluntary or involuntary petition is filed by or against Lessee under any law for the purpose of adjudica- tion of Lessee as a bankrupt, or for the extension of time of payment, composition, arrangement, adjustment, modification, - 14 settlement or satisfaction of the liabilities of Lessee, or for the reorganization of Lessee under the Bankruptcy Act of the United States having the same general purpose, or a receiver is appointed for Lessee by reason of insolvency or alleged insol- vency of Lessee, and such adjudication, order, adjustment, decree, custody and supervision has not been vacated or set aside or appeal taken or otherwise terminated or permanently stayed within one hundred twenty (120) days after the date of entry or beginning thereof; iii. Lessee shall abandon the Leased Premises; iv. Failure to pay rent upon terms of this Lease. Provided, however, that in the event Lessee fails to pay the rent in accordance with the terms of this Lease and Lessor elects not to terminate the Lease, Lessor shall be liable for a penalty of Twenty Dollars ($20. 00) per day from the date such rent becomes due until it is paid. b. Upon the occurrence of an Event of Default, Lessor shall have the immediate right to take possession of the Leased Premises until such time as Lessee has cured such default, is current in the payment of rent, and has paid to Lessor any and all costs and fees incurred by Lessor as a consequence of such default; provided, however, that Lessee shall be entitled to regain possession of the Leased Premisses upon termination of this Lease and full payment of all amounts due Lessor in accor- 15 dance with Paragraph 3 hereof. No taking of possession shall be construed as an election of Lessor to terminate this Lease. c. In the event that Lessor at any time terminates this Lease for any Event of Default, in addition to any other remedy Lessor may have, Lessor may recover from Lessee all costs and expenses, including any reasonable attorney' s fee, that it . , may incur by reason of such default. In the event Lessor takes possession of the Leased Premises and elects not to terminate this Lease, it shall be entitled to specifically enforce the provisions of this Lease relative to payment of rent and recover an amount equal to the total of all rent and taxes and other charges which Lessee would have paid periodically during the remainder of the term of the Lease or until such time as this Lease is terminated in accordance with Paragraph 1 hereof. d. In the event that Lessor shall default in the observance or performance of any covenant or provision of this Lease to be performed by Lessor and such default continues for thirty (30) days after notice in writing from Lessee, Lessee shall be permitted to terminate this Lease. e. The provisions of Paragraph 14 above relating to bankruptcy shall apply only with respect to that Lessee which is the then owner of the legal title to the leasehold estate. 15 . Inspection. Lessee shall permit Lessor and its agents to enter into and upon the Leased Premises at all reasonable times and upon reasonable notice for the purpose of inspecting 16 the same; provided, however, that such inspection shall not unreasonably interfere with Lessee ' s use of the Leased Premises. 16. Estoppel Certificates. Lessee and Lessor shall, at any time and from time to time upon not less than ten (10) days ' prior written request by the other party, execute, acknowledge and deliver to Lessor, or Lessee, as the case may be, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been any modifications, that the same is in full force and effect as modified and stating the modifications) , and the date to which the fixed rent and any other charges have been paid. Any such statement may be relied upon by any prospective purchaser or encumbrancer (including assignees) of the Leased Premises. 17 . Short Form of Lease ; Releases . a. The parties agree to execute a short form of this Lease for purposes of recording in the real property records of Pitkin County, Colorado, in the form attached hereto. b. Upon termination of this Lease as provided herein, if requested by Lessor, Lessee shall execute and deliver to Lessor an appropriate release, in form proper for recording in the real property records of Pitkin County, Colorado, of all Lessee ' s interest in the Leased Premises, and upon request of Lessee, Lessor will execute and deliver to Lessee a written cancellation and termination of this Lease and release of all claims in proper form for such recording. 17 18 . Lessor' s Right to Perform Lessee' s Covenants. If Lessee shall default in the performance of any of Lessee' s covenants, obligations or agreement contained in this Lease, other than the obligation to pay rent, Lessor, after thirty (30) days ' written notice to Lessee (or shorter notice if any emer- gency exists) of such default, may (but without any obligation so to do) perform the same for the account and at the expense of Lessee, and the amount of any payment made or other reasonable expenses, including reasonable attorney' s fees incurred by Lessor for curing such default shall be payable by Lessee to Lessor on demand. 19 . Lessee ' s Right to Perform Lessor' s Covenants. If . ._ Lessor shall default in the performance of any of its covenants, obligation or agreements contained in this Lease, Lessee, after thirty (30) days ' written notice to Lessor (or shorter notice if an emergency exists) , of such default, may (but without obliga- tion so to do) perform the same for the account and at the expense of Lessor, and the amount of any payments made or other reasonable expenses, including reasonable attorney's fees, incurred by Lessee for such purpose shall be paid by Lessor to Lessee upon demand, or if not so paid, may be deducted from the next payments of rent becoming due. 20 . Notices. Wherever this Lease provides for notice from Lessor to Lessee, or from Lessee to Lessor, or by Lessor or Lessee to any Leasehold- Mortgagee, or wherever the law requires 18 or gives the right of serving a notice, the same shall be served in person or by registered or certified mail postage prepaid, addressed to LESSOR as follows: City of Aspen c/o City Manager 130 South Galena Street Aspen, Colorado 81611 and addressed to LESSEE as follows: Aspen Historical Society 620 West Sleeker Street Aspen, Colorado 81611 and addressed to the Leasehold Mortgagee at the address specified by the Leasehold Mortgagor in writing by notice addressed to the Lessor and Lessee in the manner prescribed by the Paragraph 20; provided, however, that Lessor and Lessee may, at any change the 'place of receiving notice by written notice of such change of address to the other; provided, further, that nothing herein contained shall preclude or render inoperative service of any notice that Lessor may desire or is required at any time to give or serve upon Lessee in any manner prescribed or permitted by the laws of the State of Colorado. Service by mail as herein pro- vided shall be effective three (3) days after mailing. 21 . Successors . a. This Lease shall be binding upon and inure to the benefit of the parties hereto, their assigns and successors and personal representatives . 19 • b. The term "Lessor" , as used in this Lease shall be limited to and mean and include only the owner or owners at the time in question of the fee simple reversionary interest in the Leased Premises. The covenants and obligations of Lessor con- tained in this Lease or provided by law shall be binding on Lessor, its successors and assigns, only during and with respect to their respective successive periods of ownership. 22 . No Power to Charge Reversion. Except as otherwise provided herein, Lessee shall not have the power to do any act or make any contract which may create or be the foundation for a lien upon the estate of Lessor in the Leased Premises. 23 . Modifications. This Lease may be modified only by written agreement signed by Lessor and Lessee. 24 . Description Headings. The descriptive headings of this Lease are inserted for convenience in reference only and do not in any way limit or amplify the terms and provisions of this Lease. 25. Remedies. a. No right or remedy conferred on or reserved to Lessor or Lessee is intended to be exclusive of any other right or remedy herein, or by law provided, but each shall be cumula- tive and in addition to every other right to remedy given herein or now or hereafter existing at law or in equity or by statute. b. No waiver by either party of any- default or breach by the other of any of its obligations, agreements or covenants 20 hereunder shall be a waiver of any subsequent default or breach of any obligation, agreement or covenant, nor shall any for- bearance by Lessor to seek a remedy for any breach by Lessee or any forbearance by Lessee to seek a remedy for any breach by Lessor, by a waiver by Lessor or Lessee, as the case may be, of its rights and remedies with respect to any subsequent similar breach. 26 . Attorney' s Fees . In the event that any provision of this Lease is litigated, the prevailing party shall be awarded its reasonable attorney' s fees . 27 . Specific Performance. Lessee agrees that it will complete Phase I of the improvements to the Holden Marolt Barn within thirty (30) months of the execution of this agreement. Phase I includes: _ a. Structural repairs to west cantilever roof b. Structural repairs to roof trusses c. New roof, new fascia board, 4" urethane insula- tion, plywood backing, wood shingles d. Reconstruction of the loading dock e. Reconstruction of eleven windows, storm windows f. Replacement of six large doors g. Retinning lead-to shed h. Door replacement at shed and addition of stairs i. Re-siding of "skirt" board on the perimeter 21 November , 1989 . 3 . The rentals to be paid by Lessee and all of the other terms, covenants and conditions of this Lease are set forth in that certain Lease of even date herewith executed by the parties hereto covering the Leased Premises. This instrument is merely a short form and memorandum of said Lease and is subject to all of the terms, covenants and conditions thereof, each and all of which are hereby incorporated by this reference. IN WITNESS WHEREOF, the parties have executed, acknowledged and delivered this Short Form Lease as of the day and year first above written. LESSOR: CITY OF ASPEN, COLORADO . William L. Stirling, Mayon—) ATTEST: Kathryn 7. Koch, City Clerk LESSEE: ASPEN HIST h AL SOCIETY By y Carl R. er , Preident ;y / � 5.-19// T. Rick N wton, i e resicent (NOTARIAL CLAUSES ON FOLLOWING PAGE) 2 STATE OF COLORADO ) ss. County of Pitkin The foregoing instrument was acknowledged before me this �,� q day nfS. ' oc , 1989 , by William L. Stirling as Mayor and Kathryn S. Koch h a as s City Clerk of the City of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: :%/�i//1 / —11,41;1,0 441! v' ` - tc•-t&?67 Notary Public Address/ • STATE OF COLORADO ) ss. County of Pitkin - The foregoing instrument was acknowledged before me this li- day ofilit-7 L1y?&L-1) , 1989 , by Carl R. Bergman and T. Rick Newton as officers of the Aspen Historical Society. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: L.2, 6%7P/ Notary Public 46ar 71 Address/ 3 -R. kei --604 27 la . i _ pg., . 3s4 , , I it. gledtg.4411 4 34 1 , 3i.9 , , ,i, 1�t DATE— 1g ,44 (2 , DATE ( ti, ASPS N/PITKIN PLAN '' PROJEC 13D South Galena PLANNING OFFICE � l Proj ec. Aspen Colorado ill it (303 e,sy1 iii/ Legal I LAND USE APPLICATION 1 s2o-soso APPLICI city At1pN FEES Ii' 00113 APPlica •63250-134 ■ + 63270-136 GMP/CONCEPTUAL III REPRESE • 63280-137 MP/FINAL � 63300-139 SUB/CONCEPTUAL i I RePrese; -63310-140 SUB/FINAL j" 63320-741 ALL 2-STEP ,� ALL 1- APPLICATIONS _ ___-__`_ STEP APPLICATIONS/ I'` PAID: YE CONSENT AGENDA v S REFERRAL F A ITEMS I Ji 00125 FEES: TYPE OF 00123 63340-205 00115 ss340 1so ENVIRONMENTAL ill 63340-163 HOUSING HEALTH P&Z Meet: ENGINEERING 1 ---7R-17_-______C -,� SUBTOTAL 11' AL �, 1 1 26 �7 GMP/GENERAL •! CC Meet1 ~� ?8 GMP/DETAILED y-��� GMP/FINAL ; � e + SUB/GENERAL SUg/DAILED 1 Planning I 11 SUS/FINAL I J �2 / Inset ALL 2-STP gPpLICATIO I ► (? _ ALL r STP NS I i _..... _ CONSE:0E::AGENDA�TEMS! ll 111 BOARD 1 ...:_________R F RRALS il.:1° gDJUSTAIENT City LL FEES: I City 5 ENVIRO HODS j p ENTAL HEALTH I 3 HE Aspen• ENGINEERING I City 1 • r Envir CITY/COUNTY ,1 --->C— Aspen COMP CODE PLAN DATE RI COPY FEES _ __ OTHER 1 FINAL ROUTIN SUBTOTAL ■•c TOTAL Clty Att, i, Pl;oiie 1 C. - Cl/��� Housing Check Project: 2 E`, 7'.,. b FILE STATUS A Y t Leh Additional billing: I' �` —1 Date: 1 j I �f 1 _-_� #of Hours: I f I r ivitoviteit ..... gripir Ire(10 1 ei I I ILI - _- f'.14A, - tiin,4 2:7 t (,(9 ,..- it_ ___ _ ____ _ _ _ __ 4::■■ . ASPEN HISTORICAL SOCIETY HOLDEN-MAROLT RANCHING & MINING MUSEUM _ t °►: 6AINIS I { r HS E ,..?rf it V soil at 41"-- Iv art wai ATE 1 , LAND USE APPLIcATIQN FoRm 1) Project Name Holden-Marolt Mining and Ranching Museum 2) Project Ideation Marolt Open Space - See Exhibit B (indicate street address, lot & block member, legal description where appropriate) 3) Present Zoning R-15A PUD SPA 4) Lot Size 1.9 Acres 5) Applicant's Name, Address & Phone # Aspen Historical Society 620 W Bleeker St, Aspen 925-3721 6) Representative's Name, Address & Phone # Graeme Means 925-9150 Heidi Hoffmann 925-9420 7) Type of Application (please check all that apply): Conditional Use _ Conceptual SPA Conceptual Historic Dev. Special Review _ Final SPA _ Final Historic Dev. 8040 (?eenline _ Conceptual POD _ Minor Historic Dev. Stream Margin X Final AID _ Historic Demolition Mountain View Plane _ Subdivision _ Historic Designation Qondrniniumizatial X p Amendment QMOS Allotment Lot Split/Lot Line X GCS FSoerEPtion Adjustment 8) Description of Thdsting Uses (nmber and type of edstirrl structures; approximate sq. ft.; number of bedrooms; any previous approvals granted to the PAY) . Parrpl is designated f1Pen Spare 1 existing building @ 1850 Ft2 1 existing building 0 700 Ft2 9) Description of Development Application Change of zoning, final PUD, and GMQS exemption to develop a ranching and mining museum. 10) Have e you a++act,� the fallowing? Response to Attachment 2, Minimum Stnissirn eg g X Response to Attachment 3, Specific Submission Omtents Response to Attachment 4, Review Standards for Yen- Application HOLDEN-MAROLT RANCHING AND MINING MUSEUM Final PUll Application Submitted Io: City of Aspen Planning Department 130 S Galena St Aspen, CO 81611 Land Owner City of Aspen Applicant Aspen Historical Society 620 W Bleeker St Aspen, CO 81611 (303) 925-3721 Representatives: Carl Bergman Rick Newton Architects/Planners: Graeme Means P.O. Box 4956 Aspen, CO 81612 (303) 925-9150 Heidi Hoffmann 141 Midland Park Aspen, CO 81611 (303) 925-9420 -1- TABLE OF CONTENTS Land Use Application Form I . Minimum Submission Contents pg. 3 II . Request for Rezoning to Public (PUB) pg . 6 III. Final PUD Approval pg 7 Specific Submission Contents: Final PUD 1 a 1-5 Review Standards 1-11 IV. Request for GMQS Exemption 8-104.A (1) (D) (4) pg. 13 V. Request for Waiver of Fees pg. 14 List of Attachments pg. 15 -2- I . MINIMUM SUBMISSION CONTENTS 1 . See Attachment A 2. See Attachment B 3 . See Attachment C 4. See Attachment D 5 . Written Description Of Proposal Building Description: The Holden-Marolt Building was built in 1891 as an ore processing facility for the Holden lixiviation works . Closed in 1893, most of the lixiviation plant has been dismantled or destroyed over the years . Only the Holden-Marolt barn remains. The barn began a new life in the 1930's as part of the Marolt Ranch. Only minor modifications were made to the building at this time and that situation continues today. Also existing in good condition is the salt shed which measures approximately 32 feet x 25 feet . Thus , we have a building which remains very much intact from a historical and structural standpoint , and also represents the two primary economic activities of early Aspen. Ihis wood frame structure is of post and beam construction utilizing heavy spruce and iron rod trusses for roof support . It measures approximately 60 feet x 32 feet and is approximately 30 feet to the peak. Fortunately, the building was very well built initially (due to its original use) and remains in excellent structural condition today. Some areas do need to be addressed however . Museum Description Proposed use of the Holden-Marolt Barn, salt shed and surrounding 1 .9 acre property is as a museum interpreting the mining and ranching heritage of the Roaring Fork Valley. The barn building will contain display areas, meeting and demonstration space, visitor reception area, toilet facilities , and storage. The loading dock area will serve as entry to the museum building, informal gathering area, and focus area for larger gatherings and special events. The salt shed will contain a work shop area where exhibit material will be repaired and maintained. The leanto shed off of the barn will be used for display of historic exhibits . The remaining 1.9 acre area will be used for exhibit display stations, pedestrian and bike trails, and demonstrations of agricultural and irrigation techniques. There will be no vehicles allowed on the property except emergency and service vehicles. -3- Museum Operation the Aspen Historical Society will be responsible for construction, operation, and maintenance of the museum. Elements of the proposal are as follows : Barn Building The main barn building will be the area where interior exhibits are displayed and will be the only element of the museum for which a fee will be charged. In addition to the display areas , the barn will contain an entry/reception area, a very small gift shop area, toilet facilities, and a small storage closet . A mezzanine level of approximately 1 ,000 ft' is proposed as additional exhibit area. A cupola which was previously atop the barn is proposed to he reconstructed to serve as light and ventilation for the museum and to serve as a lookout . Hours of operation of the barn structure are proposed to be 11 a.m. through 7 p.m. from June 15th through Labor Day and 11 a.m. through 5 p.m. from May 1st through June 15th and labor day through October 31st . The museum will be open six days per week and closed Mondays . Fees charged are to be approximately $3.00 for entrance to the interior of the Barn with a .50 fee for children. Access to the barn will be available during winter on an organized tour basis only. It is expected that the barn will attract from a low of ten to a high of 125 people per day. It is expected that the average visitor will stay for approximately one hour. There will be one paid staff member present at all times during hours of operation. In addition there might be from one to three volunteer staff to assist with guiding , ticket taking, gift shop and maintenance duties. Workshop The existing salt shed is proposed to serve as a workshop where exhibit materials will be received and repaired. An outside work area is also proposed as shown on the site plan. Visitors will be invited to visit and view the work in progress. the workshop will be staffed by volunteers. From 0-4 volunteer workers are expected to be working at any particular time. Deck Area An at-grade entry deck is proposed to be built on the west side of the barn as shown on the site plan. This deck will serve as entry to the barn, waiting area and as a focal point for special events to be held on the site. Special Events It is proposed that selected special events related to the -4- museum operation will be held periodically. Such events shall consist of fundraising events , hoe downs , dances , workshops and lectures. It is expected that there will be approximately three such events per summer. It is also anticipated that there would he some special event use in winter , perhaps in conjunction with the Nordic Council . Access to the site would be by skis only with possible limited snowmobile access for supplies . It is not expected that there would be more than three such events per winter . During all special events, the trail and bikeway will be kept completely open to all users . Site Plan A conceptual idea of the main elements of the site plan follows: the 1 .9 acres surrounding the buildings will be treated as a historical park designed to attract the casual visitor seeking a pleasant environment , as well as those museum visitors intent on viewing exhibits. Outdoor ranching and mining exhibits will be arranged in "pods" . Each pod will contain exhibits of related equipment pertaining to either ranching or mining. There will be a clear distinction between ranching pods and mining pods . Mining exhibits will be displayed on low podiums constructed of heavy wood timbers . Ranching exhibits will be displayed on low bases of red sandstone similar to that which forms the foundation for the barn. Paths leading to these pods will be treated differently to enhance this distribution. A pond which presently exists will remain as shown . Irrigation ditches are also proposed as shown on the plan. The precise configuration of these water features would be subject to change throughout the life of the project . Fences were a very important part of the ranching scene and we propose to utilize them for both utilitarian and aesthetic reasons. Various fences of different vintages exist on site and we would retain them where possible or carefully move and restore them where they interfere with the proposed circulation. Vegetation would consist primarily of those species which were commonly found on ranches. Open areas between pods would be largely composed of natural grains and grasses with small pockets of natural wildflowers. Berry bushes would line certain fences and fill edges of the property. The southeast corner of the property might contain a potato patch and possibly a vegetable garden with pea fence or apple trees . -5- II . REQUEST FOR REZONING TO PUBLIC The 1 .9 acre parcel that the Aspen Historical Society is leasing from the City of Aspen is currently zoned R-15 A (PUD) SPA. In order to allow use of this property for a museum, we are requesting that this parcel be rezoned to Public (PUB) as allowed in Sec 7-1101 through 7-1109 of the Aspen Code. Statements as to why our rezoning proposal comply with the specific review standards as set out in Sec 7- 1102 are as follows : A. The proposed amendment is not in conflict with any applicable portions of this chapter . B. the proposed amendment is consistent with all elements of the Aspen area comprehensive plan. C. Ihis parcel is surrounded by land purchased by the City of Aspen and is currently zoned R-15A PUD/SPA with the exception of the Marolt Housing parcel which has been rezoned to public. Evidence which demonstrates that the proposed museum use is compatible with surrounding land uses and zones is demonstrated by the fact that (1) the voters of Aspen overwhelmingly approved museum use of this parcel in a special election, and (2) the City of Aspen has leased this parcel to the Aspen Historical Society for this specific purpose. D. the effect on traffic generation and road safety will be very minimal due to the museums close proximity to town; it 's location on major pedestrian and bike trails; it 's close proximity to major transportation facilities, and auto disincentives which are part of the plan. Please refer to relevant sections of the PUD application for details concerning the auto generation aspects of this proposal . E. This proposal will make very minimal demand on public facilities . Please refer to applicable sections of the PUD section of this application for details. F. No new building construction out side of existing building foot prints will be done. Auto access will be severely restricted. Therefore, no significant adverse impacts to the environment are anticipated. G. The proposed development is designed to add significantly to the historic context and character of the City of Aspen. H. The surrounding land has been dedicated to uses which are compatible with the proposed use as evidenced by the lease between the City of Aspen and the Aspen Historical Society. The Marolt Housing parcel has been rezoned to Public (PUB) . I. The proposed use is in the public interest as it will add a significant amenity to the City of Aspen. -6- III. FINAL PUD APPROVAL Introduction This request is for final planned unit development approval for the 1 . 9 acre parcel described herein which is being leased by the Aspen Historical Society from the City of Aspen and is part of the larger Marolt/Thomas property. Conceptual PUD approval was granted for this larger property by the Planning and Zoning Commission on October 16, 1989 . Specific Submission Contents 1 . Final Development Plan a. Contents of Application (1) Attachment if and Survey (Attachment #F) (2) Assuming that the request to rezone this property to public (PUB) is approved, Sec 5-221 of the Aspen code sets Dimensional and parking requirements for the public zone as a part of the PUD process. Discussion of these issues is contained in Section 4 of the Review Standards section of this application. (3) Refer to #10 of general requirements and Attachment #G through #K. (4) Construction Schedule The construction schedule is somewhat contingent on fundraising. However, the following schedule is anticipated. Reconstruction of Barn Summer, 1991 Addition of Mezzanine Site Development Summer , 1992 Open for Business Summer , 1993 (5) For elevations and floor plans of the proposed facilities, see Attachments #L through #0 of this application. In brief, the two existing structures on the parcel will be restored and renovated. In addition, a pre-existing cupola will be added to the main barn as shown in the elevations, a new at grade entry deck will be added to the west elevation, and a new exit stairway will be added to the east elevation. Review Standards: PUD Development 1 . General Requirements a. The proposed development is consistent with the Aspen Area Comprehensive Plan. -7- b. The plan is consistent with surrounding land uses . See II C for further explanation. c . The minimal nature of this proposal should ensure that development of surrounding properties is not adversely affected. d. Part IV of this application requests exemption of this proposal from requirements of the GMQS process . 2. Density a . General Density is set as a part of this PUD application and therefore is not greater than that allowed. b. Not Applicable 3. Land Uses A museum is an allowed use in the public zone. 4. A significant part of this package is that the parcel be rezoned to public (P) to allow the museum use. Section 5-221 of the Aspen Code states that dimensional requirements and parking requirements be set as part of the P.U.D. process. Proposed dimensional requirements for the project are as follows (assuming the west property line as the front) : Lot size 1 .9 acres Minimum front yard: Barn 100' Shop 80' Minimum side yard: Barn 100' Shop 61 ' Minimum rear yard: Barn 45' Shop 46' Maximum height : Barn w/cupola 35' Shop 20' % of open space 96% External floor area ratio: .05 Internal floor area ratio: 1 . 1 4. Off Street Parking The museum operation section of the minimum submission contents portion of this application proposes a maximum visitor count of -8- 125 people per day spread out over a time period of eight hours . Based on a one hour time period per visitor , this translates to 16 visitors per hour. Assuming two visitors per car, this would generate a need for eight parking spaces . Staff demands might account for two more spaces . We also would like one space dedicated for handicap parking . Iotal required parking would thus amount to 11 spaces for museum use . Ihere are several important characteristics of this museum which we feel will greatly reduce demand for parking . Firstly, it is located on a major intersection of important pedestrian and bicycle trails connecting town , Cemetery Lane, Castle and Maroon Creeks and eventually downvalley. This, combined with the fact that there is no parking on site, makes pedestrian, bike, and ski access easier for many people than automobile access. Also, the Aspen Historical Society will initiate many walking tours from their Stallard House facility. Access by bus is available from stops near the hospital as well as on Main Street . We feel these factors will provide a very real auto disincentive. On page 15 of the Marolt Ranch (Housing) Final PUD Application of December 29, 1989, 22 parking spaces are allotted to park, community garden, and museum use. Our proposal is that 11 of these spaces be considered for museum use as follows: 1 . Visitor parking 8 spaces 2. Staff parking 2 spaces 3. Handicap parking 1 spaces Total 11 parking spaces 5 . Open Space The percentage of open space is set as a part of this PUD process . The existing open space constitutes 96% of the 1 .9 acres. Our proposal is to maintain this 96% figure. 6. Landscape Plan The existing shrubs, trees and significant landforms (contours) will be retained. Open areas between the exhibit areas will be seeded with native grasses and wildflowers. Additional trees for shade and shrubs for visual screening and wind protection are anticipated. Cultivated plants of the ranching era would be introduced at selected exhibits and at the garden area. One pond currently exists at the northwest off the pedestrian trail . A pond with an irrigation gate might be located off the west entry deck. This feature along with the planting of cottonwoods for shade would provide a pleasant picnic area for the museum. The existing fencing at the south access near the workshop would remain. The remaining fencing would be relocated to frame the ranch yard area between the workshop and the museum. No other -9- fencing is anticipated. Refer to conceptual site plan, Attachment (E) . 7. Architectural Site Plan There is no additional development proposed. 8. Lighting Since the museum will be open from May through October (see hours of operation) , minimal exterior lighting will be necessary. Exterior lighting will be installed at the entry and rear exit per local codes and for security. Ihis lighting and exhibit lighting at the loading dock (which may be desirable) will be indirect and not a hazardous interference of any kind to the adjoining streets or lands. 9 . Clustering Not applicable. 10. Public Facilities Fire Protection and Emergency Vehicle Access Fire protection of the building will be accomplished by a sprinkler system. A "Knox Box" will be installed at the entry of each building in case of fire or emergency access by the Fire Department . See Attachment (K) . Presently emergency vehicle access is off Highway 82 next to Castle Creek Bridge along the driveway to the farmhouse . After the new four lane Highway 82 entrance is constructed, the primary fire and emergency vehicle access will be along the paved 8-0 wide pedestrian trail from the Marolt housing parking area. Secondary access is available at the pedestrian bridge to the east . Access from the adjacent farm house is not being considered at this time. Utilities Water, electric, natural gas and sanitary sewer are available at the site and adequate for the project . See Attachments (G,H,I ,J) . 11 . Traffic and Pedestrian Circulation Trails The Holden-Marolt Museum site is critical to a well planned trail system because it acts as an interchange involving trails from Castle Creek (including the new Marolt Ranch Housing) , Maroon Creek, town (via the Marolt foot bridge) , and the Cemetery Lane area. This location is important to the museum in that auto access is severely restricted and the museum will depend on these trails as the only access for visitors. The proposed trail plan involves several components. a. The existing trail which connects the Marolt Bridge to the new housing and which loops around the barn will be kept in -10- its present alignment . Ihis existing trail serves well in its present location and would also relate well to the new museum. Furthermore, this alignment was identified and legally described on a final plat for the Marolt Associates dated September 8, 1981. Copies of this plat are available at the Engineering Department . b. A new spur will be created off of this main trail which will serve to continue the trail out to a Maroon Creek trail . This will become necessary when a new highway alignment is constructed. Grading for this trail spur has already been done. c . We believe that it will be desireable to have a "shortcut" trail which will run roughly along the southern boundary of the museum property and behind the existing salt shed. This trail would run along the top of the steep bank going down to Castle Creek. It would provide a more direct route between the foot bridge and the new housing. A rough graded "goat path" exists in this area now. Safety and liability issues would have to be carefully addressed for this trail . The majority of this trail lies outside the museum's boundary. The museum would be willing to grant easements if necessary to construct this trail . d . Visitor access to the museum from the bike trail will be provided for with a walking only trail which will tie off of the main trail towards the loading dock on the west side of the museum building. At the interchange of the public bike trail and the museum walking trail, bicycle racks will be provided. e. Informal walking paths throughout the area will lead visitors to exhibits of ranching and mining equipment . These paths will be subject to change depending on changes in the exhibits. Traffic We feel that the limited nature of this proposal will ensure that no traffic congestion will result as a cause of this use. Service Access We anticipate the service access generation to the museum site to be as follows: Gift Shop and Administration 1 trip/month Work Shop 4 trips/month Senior Van 2 trips/month total 7 trips/month In addition, we expect that special events will require service access trips to be four per event . -11- These service trips will utilize the existing access off of Highway 82 until a new highway entrance is constructed. After highway construction, service trips will take place along the existing bike/pedestrian trail from the designated parking at the Marolt housing site. There will be no parking at the museum site and these trips will be for drop off purposes only. We anticipate construction traffic will use the existing access off of Highway 82. 12. The museum intends to do some minor irrigation of the grounds both for landscaping purposes and as an exhibit of the principles of flood irrigation and its importance to ranching in this valley. The plan features two small ponds located as shown. Several small areas will be flood irrigated. It will be necessary to coordinate with the parks department at the time that the trail is paved in order to place culverts under the trail as required for the irrigation plan. This irrigation plan and placement of the ponds is conceptual only and the exact location of ponds and ditches would be subject to change. The limited nature of proposed irrigation will ensure that historical drainage patterns are not adversely affected. -12- IV. REQUEST FOR GMOS EXEMPTION We are requesting planning director exemption from the requirements of the GMQS process. This request is made pursuant to Section 8-104, A (1) (b) (4) which allows exemption for a change in use of an historical landmark which does not increase the buildings existing floor area ratio. -13- 6. WAIVING OF FEES It is requested of the City of Aspen that the planning review fees be waived for this project . We make this request because we feel this project to be an essential public facility and because of the public and non-profit nature of the proposed development . See Attachment #0. -14- LIST OF ATTACHMENTS A. Aspen Historical Society Letter B. Legal Description C. Copy of Lease D. Vicinity Map E. Site Plan F. Survey G. Sanitation Letter H. Water Department Letter I . Natural Gas Letter J. Electric Letter R. Fire Marshall Letter L. Main Floor Plan M. Loft Floor Plan N. West Elevation 0. North Elevation P. Noticing'Requirements 0. Request Letter to Waive Fees -15- • , . _ a t, " �1 .ASPEN HISTORICAL SOCIETY 620 West Sleeker Street Aspen, Colorado 81611 (203) 925-3:21 August 20, 1990 • Planning Director Aspen/Pitkin Planning and Zoning Department 130 South Galena Street Aspen, Co. 81611 Dear Sir: Please consider this letter authorization from the Aspen Historical Society appointing Graeme Means and Heidi Hoffmann our designated representatives to follow the Holden Marolt Ranching and Mining Museum property through the PUD and HPC processes. Sincerely, Carl R. Bergman President CRB: cmb cc : Graeme Means Heidi Hoffmann M&64> Do 4 5 Sk Asp 5.-A./ LCJ 15 47Ze% • a,- : 3 0- a. L C- L CD r. :-. O } < C : C C C C C Z H � F- UCO U U U Hi D. > - L^: Z Oa. ZO "' �• ' H H _ H _ C U H Cr) r, Z 47 C --. 0 3 3 3 3 3 C.-: H F- C Z G C C G G O '.:.. L. _. C 2 C C ❑ C O L C4 C C1 = .- C C --4 Cl CGC _ — • i:: G n w n Z . 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NeilP \‘‘tbAki: 4*-6:. • • •••• •. . • ) byff \\ \ikkik.s.......Sirc. .1",,,,._ • • '•:•:'... :': .." . ... .... : iir • . -deir,, ,,,\t,v,,,,,,:‘,,,,.. ..... ...,...;.... . , , •. .,• •• ,.$ • ... :• .: • . • • :. .t, • ,, ,'�,,;i-'' � � ;r Y �1p � t`agif1��t,R },,,+ �-w�ac raj /Et 7 //Sr") WiliccktLe•creirl ii :-‘: Cir is"e--0/, I t"deist')j if ....t\i‘iszkref009A ° : - mut_ _,W.,4, . .. Alfr , , 1 , • „..„ ,./..‘ ft „....„ 1 * .1 It; .:;er • :AI, i (1• .0 .. ..• c < l< k • gyp, . . f1� DEC 17 iG. 'L\\ ■ �`,\ Aspen Consolidated Sanitation IDistlric� 565 North Mill Street I��— Aspen, Colorado 81611 Tele. 13031 925-3601 Tele. {3031 925-2537 GI December 14 , 1990 Heidi Hoffman Hagman Yaw 510 E. Hyman Aspen CO x _611 RE: Sewer Service for Holden-Marolt/Ranching & Mining Museum Dear Heidi , At the present time the Aspen Consolidated Sanitation District has adequate treatment and collection line capacity to handle this proposed development . We will comment on our requirements in detail as the project goes through the planning process , and you know more about the use of the buildings and the plumbing fixtures required . I have enclosed an estimate for the tap fees . Since the classification �r a museum is "public" , the fees are higher than I originally estimated. Sincerely, 7 Thomas R. Bracewell Collection Systems Superintendent CITY p1 sPEN DEC , a 30.South Galena-Street Aspen, Colorado 8161f 303 .920=50:4 303-920-5199'City Administration 303-920-5198 FAX H December 12, 1990 Ms. Heidi Hoffmann HAGMAN YAW ARCHITECTS 510 East Hyman Aspen, CO 81611 Dear Ms. Hoffman: There is adequate water pressures and volumes in the area of the Marolt Barn. Without reviewing plans/drawings for the proposed installations, I cannot say that service would be readily available. The City has major water transmission mains and smaller distribution mains throughout the Marolt property. The City's Water and Planning Departments will need to review the proposed installations to make concise determinations. SiLcerely, Larry Ballenger Director of Water LB:11 CC Bob Gish HOLY CROSS ELECTRIC ASSOCIATION, INC . `) 3799 HIGHWAY 82 (303) 935.5391 P. O. DRAWER 2150 FAX 935.4081 GLENWOOD SPRINGS,COLORADO 81602 December 27 , 1990 Ms. Heidi Hoffamann Hagman Yaw Architects, Ltd. 510 East Hyman Aspen, Colorado 81611 RE: Electric Service to Holden Marolt Ranching/Mining Museum Dear Ms. Hoffamann: The existing electric service to the Marolt Ranching/Mining Museum and the Ranch House are served by the same electric meter. Please contact an electrician to review your electrical needs for future use at the museum site. Sincerely, HOLY CROSS ELECTRIC ASSOCIATION, INC. Craig Murray, Aspen District Manager CM:vk WAYNE L VANDEMARK. FIRE MARSHAL 420E HCPKINS ALENLE ASPEN COLORADO 516- 303■ 925-2690 December 26 , 1990 Heidi Hoffmann Hagman Yaw Architects 510 E . Hyman Aspen , CO 81611 Re : Holden Marolt Museum Dear Heidi , Section 10 . 301 ( C) of the 1988 Uniform Fire Code requires all premises upon which buildings are constructed to be provided with an approved water supply capable of supplying the required fire flow for fire protection. It also states that if any portion of a building is in excess of 150 feet from a water supply on a public street , there shall be provided on-site water hydrants and mains capable of supplying the required fire flow. With the installation of an approved sprinkler system in the barn , Section 10 . 301 ( C ) will be satisfied and considered in compliance by the Fire Marshal ' s Office . 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