HomeMy WebLinkAboutLand Use Case.10 Club Cir.0010.2012.ASLU THE CITY OF .ASPEN
City of Aspen Community Development Department
CASE NUMBER 0010.2012.ASLU
PARCEL ID NUMBERS
PROJECTS ADDRESS 130 S. GALENA ST
PLANNER JENNIFER PHELAN
CASE DESCRIPTION MAROON CREEK CLUB PUD
REPRESENTATIVE MAROON CREEK CLUB
DATE OF FINAL ACTION 2/29/12
CLOSED BY ANGELA SCOREY ON: 2.15.13
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Permit type e31u +Aspen Land Use Permit# 0010.201299
Address i130 5 GALENA ••• Aptl5uite CITY HALL
o City ASPEN State CO • zip 81611 ••
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y j Description APPLICATION LAND USE CASE FOR MAROON CREEK CLUB PUD SUBDIVISION Issued
AMENDMENT-ADMIISTRATIVE DECISION
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Submitted CITY HALL Clock Days® Expires 2f23l2013
Submitted via
Owner
Last name MAROON CREEK CLUB MA`••• First name
PEN CO 81611
Phone Address
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Last name CITY HALL First name
Phone ®Cust# 12727 Addre� 81611
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RECEPTION#: 587075, 02/29/2012 at
10:34:41 AM,
1 OF 6, R $36.00 Doc`' de APPROVAL
Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF APPROVAL
For an Insubstantial PUD Amendment to the Maroon Creek Club Subdivision and PUD
with regard to Development Envelopes located on Lots 1 through 12 and 41 through 45 and
development outside of Building Envelopes located on Lots 13, 16, 19 through 40, and 46
through 48
Parcel ID Nos. 273514209001 through 273511309012,273511209041 through
273511209045,273511309013,273511309016,273511309019 through 273511309040, and
273511309046 through 273511309048
APPLICANT: Maroon Creek Club Master Association("MCCMA")
SUBJECT & SITE OF AMENDMENT: An Insubstantial PUD Amendment clarifying what
types of development may occur within Development Envelopes and outside of Building
Envelopes for certain residential lots located within the Maroon Creek Club Subdivision and
PUD.
SUMMARY: There are 47 residential lots within the Maroon Creek Club Subdivision ("MCC
Subdivision"). Lots 17, 18, and 50 contain multi-family developments and are built out. There
are 44 single family lots within the subdivision; 17 of those lots (Lots 1 through 12 and 41
through 45) have platted Building Envelopes and Development Envelopes, and the remaining 27
lots (Lots 13, 16, 19 through 40, and 46 through 48) have platted Building Envelopes but no
defined Development Envelopes.
The Applicant has requested clarification regarding what can occur in a Development Envelope
as the documents entitling the subdivision are silent on the topic. Although the homeowners
association has adopted design guidelines, the city is not a party to the document. Staff has
worked with a representative of the architectural control committee, William Lukes, to
memorialize what may occur within a Development Envelope for Lots 1 through 12 and 41
through 45. Additionally, further clarification on what may occur on Lots 13, 16, 19 through 40,
and 46 through 48, that have platted Building Envelopes but no defined Development Envelopes
is also included.
MCCMA and the City of Aspen in 2001 previously clarified what types of development would
be allowed outside of Building Envelopes on the lots without platted Development Envelopes.
This latest amendment will supersede and render null and void the 2001 Insubstantial PUD
Amendment regarding the 27 single family lots without Development Envelopes.
STAFF EVALUATION: Staff finds that the request meets the requirements of an Insubstantial
PUD Amendment. Defining what may occur in a Development Envelope and what may occur in
the area between a lot's boundary and its Building Envelope on lots that have platted Building
Envelopes but no defined Development Envelopes will assist in the consistent application of
development standards over time.
Page 1 of 6
DECISION:
The Community Development Director finds the request to memorialize a definition of
`Development Envelope' as noted below and revising what may occur in the area between a
lot's boundary and its Building Envelope on lots that have platted Building Envelopes but
no defined Development Envelopes is consistent with the review criteria (Exhibit A) and
thereby, APPROVES the amendment as defined below.
Section 1: Single Family Lots with Development Envelopes. For Lots 1 through 12 and 41
through 45, containing platted Building Envelopes and Development Envelopes, the following
guidelines shall govern improvements that may occur within the platted Development Envelope:
A. Definitions.
1. Development Envelope. The definition of "Development Envelope" for purposes of
establishing development guidelines is the area depicted on the Plat and PUD as
within the Development Envelope but outside of the Building Envelope and is the
portion of the lot designated to create a transition between the Building Envelope and
the Natural Area where outdoor living and individualized landscaping may occur, and
where necessary and temporary construction activity such as excavation, construction
material storage, and staging may occur, but where improvements taller than 30"
above existing grade are generally not allowed. Development Envelopes may include
a portion of the lot which is within an easement that may impose separate use or other
restrictions. It is the intent of providing a Development Envelope to encourage
construction of homes with a comfortable relationship to the landscape surrounding
them.
2. Existing Grade. Existing grade is defined as the grade of the lot after subdivision
improvements were installed but pre-development of a single-family home. Existing
grade surveys are on file, if construction of a residence has occurred, with Maroon
Creek Club's Architectural Control Committee. In cases where a residence has been
constructed but no pre-development survey is on file, the existing grade will be
interpolated subject to approval by MCC Subdivision's Site and Architecture Review
Committee (SARC).
B. Standards.
1. All construction activity and improvements must be confined to the Development
Envelope except for features provided for by other entitlements such as utilities.
2. No slopes over 2:1 are permitted.
3. Retaining walls are required where cut or fill slopes exceed 4' vertical change from
natural grade. Retaining walls which are in the Development Envelope [outside of
the Building Envelope] are limited to 6' in height with no below grade limitation.
Stepped retaining walls must be separated by a minimum of 4' face to face in the
horizontal direction between walls; grading between walls [planting beds] must be
nearly horizontal.
Page 2 of 6
4. Existing trees that are within a Development Envelope, but not within a Building
Envelope, shall not be removed without first obtaining a tree permit from the City of
Aspen and then approval from MCCMA, either one of which may be more restrictive
than the other.
5. The following improvements and uses are allowed in Development Envelopes with no
below grade limitation:
(a) Driveways and parking area.
(b) Terraces, patios, and other typical landscape features with a finished elevation
within 30" above existing grade.
(c) In ground spas and swimming pools with a finished deck elevation within 30"
above finished grade.
(d) Landscaped areas.
(e) Enclosures for an outdoor grill not exceeding 60" in height when measured to the
adjacent walking surface.
6. Improvements and uses that are not allowed in Development Envelopes include, but
are not limited to, the following:
(a) Accessory structures, excepting those listed above in Paragraphs 3 and 5 of this
section.
(b) Improvements which exceed 30" above existing grade, except improvements
allowed under Paragraphs 3 and 5 of this section.
(c) Balconies and building projections.
(d) Storage areas or structures, except temporary facilities during the course of
construction which are removed prior to occupancy.
(e) All improvements and uses not listed in the requirements preceding sections.
Section 2: Single Family Lots without Development Envelopes. For Lots 13, 16, 19 through 40,
and 46 through 48, containing platted Building Envelopes and no Development Envelopes, the
following guidelines shall govern improvements that may occur in the area between the Building
Envelopes and the property lot lines (AKA: Yard) for said lots:
A. Definitions.
1. Yard. The definition of"Yard" for purposes of establishing development guidelines-is
the area depicted on the Plat and PUD as within the property boundary but outside of
the Building Envelope. Yards may include a portion of the lot which is within an
easement that may impose separate use or other restrictions. It is the intent of
providing a Yard to encourage construction of homes with a comfortable relationship
to the landscape surrounding them.
2. Existing Grade. Existing grade is defined as the grade of the lot after subdivision
improvements were installed but pre-development of a single-family home. Existing
grade surveys are on file, if construction of a residence has occurred, with Maroon
Creek Club's Architectural Control Committee. In cases where a residence has been
constructed but no pre-development survey is on file, the existing grade will be
interpolated subject to approval by SARC.
Page 3 of 6
B. Standards.
1. No slopes over 2:1 are permitted.
2. Retaining walls are required where cut or fill slopes exceed 4' vertical change from
natural grade. Retaining walls which are in the Yard [outside of the Building
Envelope] are limited to 6' in height with no below grade limitation. Stepped
retaining walls must be separated by a minimum of 4' face to face in the horizontal
direction between walls; grading between walls [planting beds] must be nearly
horizontal.
3. Existing trees that are within a Yard, but not within a Building Envelope, shall not be
removed without first obtaining a tree permit from the City of Aspen and then
approval from MCCMA, either one of which may be more restrictive than the other.
4. The following improvements and uses are allowed in Yards, with no below grade
limitation, except as prohibited or limited in subsection(f):
(a) Driveways and parking areas.
(b) Terraces, patios and other typical landscape features with a finished elevation
within 30" above existing grade.
(c) In ground spas and swimming pools with a finished deck elevation within 30"
above finished grade.
(d) Landscaped areas.
(e) Enclosures for an outdoor grill not exceeding 60" in height when measured to the
adjacent walking surface.
(f) No development (including any landscaping) shall be allowed beyond the rear
perimeter of the existing approved building envelopes of Lots 21 through 24
pursuant to Figure 1, below. The intent of this provision is to maintain existing,
natural vegetation and wildlife habitat; however, in instances of severe or
catastrophic changes to the existing vegetation, exceptions may be permitted with
consent of the City of Aspen Parks Department.
If removal of any landscaping or retaining wall or other improvements is
required outside of the approved building envelopes for either utility personnel or
emergency services to provide access through the subject lots, the utility and/or
emergency services personnel will not be responsible for replacing the
landscaping, retaining walls, or other improvements. The owner of the lot shall
be responsible for bearing the cost of the replacement landscaping, retaining-
walls, or other improvements.
Any landscaping to the rear of the building envelopes on Lots 19 and 20 shall be
approved in advance by MCCMA in consultation with the City Forester prior to
planting to ensure that the landscaping will remain open and informal adjacent to
the golf course.
Page 4 of 6
0 0
Figure 1: Yard Areas of No Development 5d Limited Landscaping
Area of no
i
development
Area of
limited
landscaping
(23)
N. 20�� J
24
40" f
5. Improvements and uses that are not allowed in Yards include, but are not limited to,
the following:
(a) Accessory structures, excepting those listed above in Paragraphs 3 and 5 of this
section.
(b) Improvements which exceed 30" above existing grade, except improvements
allowed under Paragraphs 3 and 5 of this section.
(c) Balconies and building projections.
(d) Storage areas or structures, except temporary facilities during the course of
construction which are removed prior to occupancy.
(e) All improvements and uses not listed in the requirements preceding sections.
Section 3: Address Markers and Fencing. One address marker or one combination address
marker and mail receptacle, with an overall height not exceeding 54" above top of adjacent curb,
may be permitted on the lot.
Fencing, when permitted by SARC, needs to meet the following minimum city standards:
a)no greater than 6 feet from existing grade, 2) no higher than 42" forward of the front fagade of
the house, and 3) constructed of materials such as wood, stone, wrought iron or masonry when
visible from the street.
Page 5 of 6
Section 4: Design Review Approval Required. Landscaping, fencing, outdoor lighting, and all
other improvements are subject to approval by the Maroon Creek Club's Site and Architecture
Review Committee (SARC) and may be more restrictive than City of Aspen requirements. Any
plans depicting landscaping, fencing, outdoor lighting or development of a structure requires a
digital signature approval by SARC via the architectural advisor on the plan set submitted to the
city for review.
Section 5: Plat Certificate. Any application to amend the dimensions or location of any Building
Envelope or Development Envelope shall require the written approval of the MCCMA in the
form of a signature block showing approval of the plat by the MCCMA.
Section 6: Except for the matters clarified herein, this Insubstantial Plat Amendment will not
change or have any effect upon development rights and/or requirements within the MCC
Subdivision established by all other documents recorded or not recorded pertaining to the MCC
Subdivision.
Aqi OVED BY:
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Chris Be don Date
Community Development Director
Attachments:
Exhibit A - Review Standards
Exhibit B - HOA approval of the Insubstantial PUD Amendment
Page 6 of 6
Exhibit A
Review Criteria and Staff Findings
Insubstantial PUD Amendment.
1. A change in the use or character of the development.
Staff Finding:
The use does not change with this amendment. Staff finds this criterion to be met.
2. An increase by greater than three (3)percent in the overall coverage of structures on the
land.
Staff Finding:
The proposed amendment clarifies how what type of development may occur outside the building
envelope. Staff finds this criterion to be met.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities.
Staff Finding:
Trip generation and demand for public infrastructure are not affected by this amendment. Staff finds
this criterion not to be applicable to this request.
4. A reduction by greater than three (3)percent of the approved open space.
Staff Finding:
The amount of open space will not be reduced. Staff finds this criterion to be met.
S. A reduction by greater than one (])percent of the off-street parking and loading space.
Staff Finding:
The Applicant is not requesting an amendment to reduce parking. Staff finds this criterion not to be
applicable to this application.
6. A reduction in required pavement widths or rights-of--way for streets and easements.
Staff Finding:
The Applicant is not proposing changes to right-of-way widths. Staff finds this criterion not to
be applicable to this application.
7. An increase of greater than two (2)percent in the approved gross leasable floor area of
commercial buildings.
Staff Finding:
Maroon Creek Club Master Association Crl c/o Joshua & Co.
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300 South Hunter FEB "`�
Aspen, Colorado 81611 C/r y Z 8X41?
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February 27, 2012
Jennifer Phelan, AICP
Deputy Planning Director
Community Development Department
City of Aspen
130 S. Galena St.
Aspen, CO 81611
RE: Insubstantial PUD Amendment to the Maroon Creek Club Subdivision
and PUD
Dear Jennifer:
The Maroon Creek Club Master Association requests your consideration and approval
of the Insubstantial Amendment to the Maroon Creek Club Subdivision and
PUD, as reflected in Final Draft 4A dated February 15, 2012, that has been developed
in collaboration with your office and MCC's representatives for the purposes of further
clarifying allowable development and improvements and better coordinating the
requirements of the City of Aspen and our Association. We thank you for your invaluable
assistance in working through this process and for your efforts toward improving the
approval processes for all of our homeowners.
If you have any questions or require any additional information, please do not hesitate to
contact me at 970 618-9826.
Sincerely,
Leonard Lans rgh, ' ent
Mar oon Cr er Association