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HomeMy WebLinkAboutcoa.lu.ex.511 Lazy Chair Dr.0025.2014.ASLU0025 2014 ASLU 511 LAZY CHAIR DR MINOR AMENDMENT TO SUBDIVISION EXEMPTION LOT2.273511302002 LOT3.273511302003 �N E X � • 0 C3 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBERS PROJECT ADDRESS a We PT�:� CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0025.2014.ASLU 2737-113-02-002 511 LAZY CHAIR DR CHRIS BENDON AMENDMENT TO SUBDIVISION EXEMPTION FORUM PHI ARCHITECTURE 06/12/2014 CLOSED BY ROBERT GREGOR ON: 05/22/2015 0 0 Mien CustamFidds Rw ilg Status Fee Surnr ; Ac ns ; Routi May (° u i owxi tyNo �S,u tii ��fR u5t I'ermt 1i �4[. [U14; _L N Adders 511 LAZY C" Cj AptMe F Cry ASREN State CO ZQ 81611 Pefrat lr1amation Master PA Routiig queue aW7 A* 002014 Fioject Status P*g Approved Desaiption MINOR AGit: 91EV TO SUBOPUN EhBFTN Issued � � Closed,'Final l° Submitted S'7E'VJjSON27( -4109 Clods Runniig Days C Erpies SubmWe a Owner Last name LAZY CHAR LOT 2 LC FW name LAZY CHAR LOT 3 LC 611 LAZY CHARM ---- -- ASPEN CO 81611 Frans (97M P109 Ad�ess Owns is apph t? Y Contrada is applicant? Lao name LAZY CHAR LOT LLC W name LAZY CHAR LOT 3 LLC 511 LAZY CHAIR OR ASPEN CO 81611 phone (,970)279-4109 Cud # 29746 _ ' Address lends Le name W name Addess 0 0 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Lazy Chair Lot 2 LLC and Lazy Chair Lot 3 LLC; c/o Millard Zimet, attorney; 604 West Main Street, Aspen, CO 81611; 970.925.8700. Property Owner's Name, Mailing Address Arthur O. Pfister Fully Developed Subdivision Lots 2 & 3, First Amendment; Legal Description and Street Address of Subject Property The Applicant has been approved to amend the subdivision approval and file an amended plat removing all references to Pitkin County requirements, applying current City of Aspen requirements, and removing the buildingenvelope nvelope on Lot 3. Written Description of the Site Specific Plan andlor Attachment Describing Plan City Council approval granted May 27, 2014, pursuant to Ordinance 12, 2014. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 12, 2014 Effective Date of Development Order (Same as date of publication of notice of approval.) June 12, 2017 Expiration Date of Development Order ('The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 12'h day of J e, 2014, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director • 0 PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Arthur O. Pfister Fully Developed Subdivision Lots 2 and 3, First Amendment. Property is located at 511 Lazy Chair Ranch Road; aspen, Co 81611. PID42737-113-02-002 and 2737-113-02-003. On May 27, 2014, Aspen City Council adopted Ordinance 12, Series 2014, granting an amendment to the subdivision approval converting all requirements of the subdivision to City of Aspen requirements, removing all reference to Pitkin County requirements, and removing the building envelope from Lot 3. For further information contact Chris Bendon, at the Aspen Community Development Dept., 130 S. Galena St, Aspen, Colorado, chris.bendon@cityofaspen.com, (970) 429-2765. City of Aspen Published in The Aspen Times on June 12, 2014 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: II Lctzl4 Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin I, 4��aAm1 V 1 1 , "V ; In (name, please print) being or representing 6 Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: ' By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an interpretation has been rendered. A co publication is attached hereto. a The foregoing "Affidavit of Notice" was acknowledged before me this 1,_:,`4M7day of ­5 u n Q , 200�L , by 2 h 0lirvi 1 l a A I' ,r) PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following described property: Arthur O. Pfister Fully Developed Subdivision Lots 2 and 3, First Amendment. Property is located at 511 Chair Ranch Road; aspen, Co 81611. Lary PID1f2737-113-02-002 and 2737-113-02-003. On May 27, 2014. Aspen City Council adopted Ordi- nance 12, Series 2014, granting an amendment to the subdivision approval converting all require- ments of the subdivision to City of Aspen require- ments, removing all reference to Pitkin County re- quirements, and removing the building envelope from Lot 3. For further information contact Chris Hendon, at the Aspen Community Development Dept., 130 S. Galena St, Aspen, Colorado, chns.bendon®dtyofaspen.com, (970) 429-2765. Published in The Aspen Times Weeldy on June 12, 2014(10266644) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: i o 1301 z0 1,3 Notary Public ATTACHMENTS: COPY OF THE PUBLICATION BONNIE L. SHILES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054038739 MY COMMISSION EXPIRES OCTOBER 30, 2017 w REC&ION#: 611208, 06/18/2014 at 01:13:06 PM, 1 'OF 4, R $26.00 Doc Code ORDINANCE ORDINANCE N0. 12 Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2014) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A MINOR SUBDIVISION AMENDMENT AND AN AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE ARTHUR O. PFISTER SUBDIVISION LOTS 2 AND 3, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID Lot 2: 2735-113-02-002 Parcel ID Lot 3: 2735-113-02-003 WHEREAS, the Community Development Department received an application for the properties known as Lots 2 and 3, Arthur O. Pfister Subdivision Exemption, located at 511 Lazy Chair Lane; Aspen, Colorado, from owners Lazy Chair Lot 2, LLC; and, Lazy Chair Lot 3, LLC, represented by Steev Wilson of Forum Phi Architects; and, WHEREAS, the application seeks to amend the Subdivision approval granted by Pitkin County prior to annexation of the property into the City of Aspen and amend the annexation agreement with the City of Aspen, both of which set forth certain development allowances and restrictions; and, WHEREAS, the properties were annexed into the City of Aspen by the adoption of Ordinance 34, Series 1996, which ordinance accepted certain development allowances and restrictions placed on the property by Pitkin County; and ( WHEREAS, the properties were also subject of a Water Service Agreement with the City of Aspen (an exhibit to Ordinance 40, Series 1996) which agreement specified certain development allowances and restrictions; and, WHEREAS, pursuant to Section 26.480.090, City Council may approve minor amendments to an existing subdivision approval; and, WHEREAS, pursuant to Section 26.304, the City Council may amend the provisions of a previously adopted ordinance, specifically Ordinance No. 40, Series 1996; and, WHEREAS, the Community Development Department received referral comments from City Engineering, Building Department, Fire Protection District, Parks Department, and City Utilities as a result of the Development Review Committee meeting; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, opened a duly noticed public hearing, considered the Application, received presentation from the Applicant, considered the comments and recommendations of the Community Development Director, considered comments and recommendations from other members of City staff and referral agencies, considered comments and suggestions offered by members of the public, considered question responses by staff and the Applicant, considered comments and discussion by fellow Council members; and, WHEREAS, the Aspen City Council finds that the development proposal with certain conditions attached meets or exceeds all applicable development standards of all applicable land use reviews as identified herein; and, Ordinance No. 12, Series 2014. Pagel of 4 A WHEREAS, the Aspen City Council finds that this ordinance furthers and is necessary for ( the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, as follows: An amendment to the Arthur O. Pfister Subdivision Exemption, Lots 2 and 3, and an amendment to the development provisions of the water service agreement for the Lots are hereby approved with the following conditions of approval: Section 1: Applicability of City Development Requirements The allowances and limitations for the development of Lots 2 and 3 approved by Pitkin County and contained within City of Aspen Ordinance No. 40, Series 1996; the provisions of the water service agreement related to development allowances and limitations; the subdivision plat approved by Pitkin County and recorded at Book 42 Page 45; and, previous land use approvals granted by Pitkin County including all finding, interpretations, and amendments shall be considered voided upon recordation of the Subdivision Amendment Plat. Lots 2 and 3 shall remain subdivided lots within the City of Aspen, each with one development right, and shall allow development in accordance with the City of Aspen development allowances and limitations including, but not limited to, the City of Aspen Land Use Code, the Rural Residential (RR) zone district as may be amended from time to time or as the property may be otherwise rezoned to another district, the Urban Runoff Management Plan, and applicable building and fire codes. - The provisions of the water service agreement and the City's standards and requirements pertaining to the delivery of potable water to the properties shall be unaffected by this Ordinance. Lot 2 shall be subject to an 8040 Greenline Review, pursuant to Chapter 26.435 of the City's Land Use Code as said Chapter may be amended from time to time. Lot 3 is not within the 8040 Greenline area and is not subject to this review. The developer of both lots shall work with the City of Aspen Parks Department to minimize disturbance to native vegetation and preserve groupings of the native Gambrel Oak. Section 2: Plat Filing Pursuant to Chapter 26.490 — Approval Documents, the record owners of Lots 2 and 3 shall prepare and submit a Subdivision Amendment Plat to be reviewed to ensure each item and condition of approval is documented to the satisfaction of the Community Development Director, the City Engineer, and the City Attorney prior to final signatures by the Mayor and recordation. A Development Agreement is not needed. The Subdivision Amendment Plat shall grant a perpetual 30-foot wide access easement through Lot 3 for the purposes of providing adequate access to Lot 2. The easement shall be generally along the alignment of the existing driveway. The subdivision plat shall contain a note prohibiting development above the 8060-foot elevation line on Lot 2, except as reasonable necessary for utility infrastructure, storm water mitigation, maintenance or restoration of native landscape, and wildfire mitigation needs. Ordinance No. 12, Series 2014. Page 2 of 4 The subdivision plat shall contain a note prohibiting development below the golf cart path on Lot 3, except as reasonable necessary for utility infrastructure, storm water mitigation, maintenance or restoration of native landscape, and wildfire mitigation needs. Section 3: Zoning Man Correction The Community Development Director shall cause the Official Zone District map to reflect Lots 1, 2, and 3 of the Pfister Subdivision as located in the Rural Residential (RR) Zone District without a Planned Development Overlay. The map incorrectly indicates this overlay. Section 4: Representations Preserved All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 5: Vested Rights The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly submit all plats and agreements required to be recorded, as specified herein, within one year of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: First Amendment to the Arthur O. Pfister Fully Developed Lands Subdivision Lots 2 and 3, City of Aspen, Pitkin County Colorado, as more fully described in City of Aspen City Council Ordinance No. Series 2014. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the Ordinance No. 12, Series 2014. Page 3 of 4 • date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 6: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 8• That the City Clerk 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 9• A public hearing on the Ordinance was held on the 27th day of May, 2014, at 5:00 in the City Council Chambers, City hall, 130 South Galena Street, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 20• This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12`h day of May, 2014. Att Linda Manning, City Clerk FINALLY, adopted, passed and approved this 27th day of May, 2014. Atte t: UAl k& —q t inda Manning, eity Clerk f Approved as to form: --------------- mesRue, City Attorney i Steven Ska ron, Mayor Ordinance No. 12, Series 2014. Page 4 of 4 • Ad Name: 10182700A Customer: Aspen (LEGALS) City of Your account number: 1013028 PROOF OF PUBLICATION T3Z AR:X TIM:1 STATE OF COLORADO, COUNTY OF PITKIN I, Jun Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 5/15/2014 and that the last publication of said notice was in the issue of said newspaper dated 5/15/2014. In witness whereof, I have here unto set my hand this 05/16/2014. Jim Morgan, GeneraManager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 05/16/2014. Pamela J. Schultz, Notary Public YP Commission expires: November 1, 2015 6l f! � PAMELA J. SCHUM My Canmisspn Expires IIIOI 1015 LEGAL NOTICE ORDINANCE 12, 2014 PUBLIC HEARING Ordinance #12, Series of 2014 was adopted on first reading at the City Council meeting May 12, 2014. This ordinance, If adopted, will approve a subdivl- sion and annexation amendment for 511 Lazy Chair Lane. The public hearing on this ordinance is scheduled for May 27, 2014 at 5:00 p.m. City Hall, 130 South Galena. To see the entire text, go to the city's legal notice website h2://www.aspenpitki n. corrVDepartme ntstC lerk/Le- IF gal-Notice/s/ Notices/ would like a copy FAXed or e-malled to you, call the city clerk's office, 429-2687 Published in the Aspen Times Weekly May 15th, 2014(10182700) 0 jlu /), " ) I 1� 5- clk , 1� - 0 • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) 0 I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: ' By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowled ed before me this 6 day of ��„� , 20kt�b by PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code Of the Ciry of Aspen and Title 24, Article 68, Colorado Revised Statutes, per, in- ing to the following described property. Arthur 0. Pfister Fully Developed Subdivision Lots 2 and 3, First Amendment. Property is located at 511 Lary Chair Ranch Road; aspen, Co 81611. PID#2737-113-02-002 and 2737-113-02-003. On May 27, 2014, Aspen City Council adopted Ordi- nance 12, Series 2014, granting an amendment to the subdivision approval converting all require- ments of the subdivision to City of Aspen require- ments, removing all reference to Pitkin County re- quirements, and removing the building envelope from Lot 3. For further information contact Chris Bandon, at the Aspen Community Development Dept., 130 S. Galena St, Aspen, Colorado, Chris. bendonOclryofaspen.com, (970) 429-2765, Published in The Aspen Times Weekly on June 12. 2014(10266644) WTINESS MY HAND AND OFFICIAL SEAL My commission expires: L ((T flAf#IA "Pold Notary Public KAREN REED PATTERSON ATTACHMENTS: NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19964002767 COPY OF THE PUBLICATION My Commission Expires February 15, 2016 • • MEMORANDUM TO: Mayor Skadron and City Council FROM: Chris Bendon, Community Development Director y* RE: Pfister Lots 2 & 3 Subdivision Amendment & Annexation Amendment Ordinance No. 12, Series of 2014 — Second Reading DATE: May 27, 2014 LAND USE REQUEST: The Applicant is requesting an amendment to the subdivision approval (granted in Pitkin County) and an amendment to the Annexation Agreement. APPLICANT: Lazy Chair Lot 2, LLC Lazy Chair Lot 3, LLC REPRESENTATIVE: Steev Wilson, Forum Phi Architects. LOCATION: 511 Lazy Chair Ranch Road (accessed from Tiehack Road). LEGAL DESCRIPTION: Lots 2 & 3, Arthur O. Pfister Subdivision. STAFF RECOMMENDATION: Approval, with conditions. LOT z LOT \ (owned by the City) st . 4 LOT c;az chi,,� m� _ J SUMMARY: The applicant would like to amend the approvals for Pfister Lots 2 & 3 to release the property from restrictions applied to the approval by Pitkin County and convert the existing entitlement to the current City of Aspen requirements. Each lot permits development of a single-family home. The two lots are part of a three -lot subdivision known as the "Arther O. Pfister Fully Developed Land Subdivision Exemption" (Pfister Subdivision). The Pfister Subdivision was approved by Pitkin County and the property subsequently annexed into the City of Aspen. Lots 2 & 3 are the subject of this amendment; Lot 1 is owned by the City of Aspen and used for a water storage tank. These lots are subject to a complex mix of City and County development regulations. Lots 2 & 3 are subject to specific floor area maximums to be calculated according to the Pitkin County land use code at the time of building permit submission. The property was rezoned when it was annexed into the City and is now zoned (City) Rural Residential (RR), permitting the development of one single-family residence per parcel. There is a building envelope assigned by Pitkin County although the City's rules for building envelopes apply. Pitkin County's floor area rules apply. The City's residential design standards apply as well as the City's mitigation requirements. City requirements for setbacks and height apply, although subject to Pitkin County's definitions of these terms. Future expansions are subject to Pitkin County's 1041 Review, which no longer exists. This mish-mash of City and County regulations makes dealing with the property difficult for City staff and for local designers. There is significant benefit to restructuring the entitlements to rely solely on the City codes. Terminating the Pitkin County approvals and converting the existing entitlement to City of Aspen approvals and calculation methodology requires an amendment to Ordinance 40, Series 1996. This ordinance rezoned the property subsequent to annexation and accepted the Pitkin County approvals. A "Minor Amendment" to the subdivision approval will remove portions of the County approval detailed on the plat — such as the floor area calculation methodology. This will enable the landowner to file a new plat without the County restrictions. Both of these actions require adoption of an ordinance by City Council during a public hearing. There appears to be relative parity between the development allowances of the Pitkin County approval and the City's Rural Residential zoning. Lot 2 is currently allowed a base FAR of 6,455 square feet, plus County exemptions. The City's zoning would permit a base FAR of 6,588 square feet. This is 133 square feet more; however, the City's exemptions are substantially less and the resulting above grade development will be roughly the same size or potentially smaller under City code. City zoning on Lot 3 would provide roughly 80 square feet more in base FAR. (5,202 s.f. vs. 5,015 s.f.) Again the City's floor area exemptions are less, especially for basement space and garages. Given the similarity in resulting house size, the applicant and staff prefer to review the house plans under the City's code. Lot 2 does not have a building envelope. This property will be subject to the City's 8040 Greenline Review. In addition, staff is recommending a prohibition on development above elevation 8060. This upper area of the parcel is very steep and in a natural, undeveloped condition. Lot 3 currently has a building envelope. There are no large trees or rock outcroppings to protect and staff recommends the envelope be removed. The parcel will not be subject to the 8040 review; however, staff has included a condition that the applicant work with the Parks Department to protect existing stands of Gambrel Oak. Staff also recommends development below the cart path be prohibited. All other aspects of the City's code will apply. The City's housing mitigation, storm water requirements, utility connections, design standards, etc. will apply. City departments reviewed the proposed amendments and have provided comments and suggested conditions. RECOMMENDATION: Staff is recommending approval, with conditions. RECOMMENDED MOTION: "I move approval of Ordinance No. 12, Series of 2014." CITY MANAGER COMMENTS: ATTACHMENTS: A — Review Standards B — DRC Comments C — Application ORDINANCE NO. 12 (SERIES OF 2014) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A MINOR SUBDIVISION AMENDMENT AND AN AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE ARTHUR O. PFISTER SUBDIVISION LOTS 2 AND 3, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID Lot 2: 2735-113-02-002 Parcel ID Lot 3: 2735-113-02-003 WHEREAS, the Community Development Department received an application for the properties known as Lots 2 and 3, Arthur O. Pfister Subdivision Exemption, located at 511 Lazy Chair Lane; Aspen, Colorado, from owners Lazy Chair Lot 2, LLC; and, Lazy Chair Lot 3, LLC, represented by Steev Wilson of Forum Phi Architects; and, WHEREAS, the application seeks to amend the Subdivision approval granted by Pitkin County prior to annexation of the property into the City of Aspen and amend the annexation agreement with the City of Aspen, both of which set forth certain development allowances and restrictions; and, WHEREAS, the properties were annexed into the City of Aspen by the adoption of Ordinance 34, Series 1996, which ordinance accepted certain development allowances and restrictions placed on the property by Pitkin County; and WHEREAS, the properties were also subject of a Water Service Agreement with the City of Aspen (an exhibit to Ordinance 40, Series 1996) which agreement specified certain development allowances and restrictions; and, WHEREAS, pursuant to Section 26.480.090, City Council may approve minor amendments to an existing subdivision approval; and, WHEREAS, pursuant to Section 26,304, the City Council may amend the provisions of a previously adopted ordinance, specifically Ordinance No. 40, Series 1996; and, WHEREAS, the Community Development Department received referral comments from City Engineering, Building Department, Fire Protection District, Parks Department, and City Utilities as a result of the Development Review Committee meeting; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, opened a duly noticed public hearing, considered the Application, received presentation from the Applicant, considered the comments and recommendations of the Community Development Director, considered comments and recommendations from other members of City staff and referral agencies, considered comments and suggestions offered by members of the public, considered question responses by staff and the Applicant, considered comments and discussion by fellow Council members; and, WHEREAS, the Aspen City Council finds that the development proposal with certain conditions attached meets or exceeds all applicable development standards of all applicable land use reviews as identified herein; and, Ordinance No. 12, Series 2014. Page] of 4 WHEREAS, the Aspen City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, as follows: An amendment to the Arthur O. Pfister Subdivision Exemption, Lots 2 and 3, and an amendment to the development provisions of the water service agreement for the Lots are hereby approved with the following conditions of approval: Section 1: Applicability of City Development Requirements The allowances and limitations for the development of Lots 2 and 3 approved by Pitkin County and contained within City of Aspen Ordinance No. 40, Series 1996; the provisions of the water service agreement related to development allowances and limitations; the subdivision plat approved by Pitkin County and recorded at Book 42 Page 45; and, previous land use approvals granted by Pitkin County including all finding, interpretations, and amendments shall be considered voided upon recordation of the Subdivision Amendment Plat. Lots 2 and 3 shall remain subdivided lots within the City of Aspen, each with one development right, and shall allow development in accordance with the City of Aspen development allowances and limitations including, but not limited to, the City of Aspen Land Use Code, the Rural Residential (RR) zone district as may be amended from time to time or as the property may be otherwise rezoned to another district, the Urban Runoff Management Plan, and applicable building and fire codes. The provisions of the water service agreement and the City's standards and requirements pertaining to the delivery of potable water to the properties shall be unaffected by this Ordinance. Lot 2 shall be subject to an 8040 Greenline Review, pursuant to Chapter 26.435 of the City's Land Use Code as said Chapter may be amended from time to time. Lot 3 is not within the 8040 Greenline area and is not subject to this review. The developer of both lots shall work with the City of Aspen Parks Department to minimize disturbance to native vegetation and preserve groupings of the native Gambrel Oak. Section 2: Plat Filing Pursuant to Chapter 26.490 — Approval Documents, the record owners of Lots 2 and 3 shall prepare and submit a Subdivision Amendment Plat to be reviewed to ensure each item and condition of approval is documented to the satisfaction of the Community Development Director, the City Engineer, and the City Attorney prior to final signatures by the Mayor and recordation. A Development Agreement is not needed. The Subdivision Amendment Plat shall grant a perpetual 30-foot wide access easement through Lot 3 for the purposes of providing adequate access to Lot 2. The easement shall be generally along the alignment of the existing driveway. The subdivision plat shall contain a note prohibiting development above the 8060-foot elevation line on Lot 2, except as reasonable necessary for utility infrastructure, storm water mitigation, maintenance or restoration of native landscape, and wildfire mitigation needs. Ordinance No. 12, Series 2014. Page 2 of 4 The subdivision plat shall contain a note prohibiting development below the golf cart path on Lot 3, except as reasonable necessary for utility infrastructure, storm water mitigation, maintenance or restoration of native landscape, and wildfire mitigation needs. Section 3: Zoning Map Correction The Community Development Director shall cause the Official Zone District map to reflect Lots 1, 2, and 3 of the Pfister Subdivision as located in the Rural Residential (RR) Zone District without a Planned Development Overlay. The map incorrectly indicates this overlay. Section 4: Representations Preserved All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 5: Vested Rights The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly submit all plats and agreements required to be recorded, as specified herein, within one year of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: First Amendment to the Arthur O. Pfister Fully Developed Lands Subdivision Lots 2 and 3, City of Aspen, Pitkin County Colorado, as more fully described in City of Aspen City Council Ordinance No. Series 2014. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the Ordinance No. 12, Series 2014. Page 3 of 4 date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 6• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 8• That the City Clerk 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 9• A public hearing on the Ordinance was held on the 27`h day of May, 2014, at 5:00 in the City Council Chambers, City hall, 130 South Galena Street, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 20• This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12`h day of May, 2014. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this _ _ a, day of _ _, 2014. Attest: Linda Manning, City Clerk Approved as to form: James R. Prue, Cih Attorney Steven Skadron, Mayor Ordinance No. 12, Series 2014. Page 4 of 4 Exhibit A Staff Findings Standard: Subdivision, Minor amendment. An amendment to an approved subdivision found to be generally consistent with the original approval but which does not qualify for an insubstantial amendment may be approved, approved with conditions, or denied by the City Council. The amendment must either respond to issues raised during the original review or must address an issue that could not have been reasonably anticipated during the review. The City Council must find that the change is minor and that it is consistent with or an improvement to the approved subdivision. Notwithstanding the above, the City Council may find that an amendment request is substantial and should require review as a Major Amendment. Staff Finding: The changes to the approved subdivision do not change the use, intensity, style or character of the development. Each lot will continue to permit one single-family residence with minimal difference in allowable floor area. The changes address the methods under which certain development parameters are measured — such as floor area, height, setbacks, etc. The existing set of entitlements mix City and County regulations making administration of the approvals confusing. Converting the entitlements to City requirements will not diminish the regulatory controls or permit development that would not otherwise occur. Staff does not believe the changes requested could have reasonably been foreseen in 1996. Staff believes the request complies with this criterion. • Design Reviegommittee Meeting — Exhibit B A Design Review Committee (DRC) meeting was held on April 23, 2014 at 1:30 PM in City Council Chambers. The application was forwarded to the following City departments for review and comment: Engineering, Zoning, Parks, Fire, Utilities/Public Works, Aspen Consolidated Sanitation District (ACSD), Building, and Streets. The following referral agencies commented on the application: Fire, City Engineering, Parks, and Utilities. Engineering • The recorded amendment to the plat of the Subdivision Exemption which removes all of the subsequent approvals and supplants it with the current City of Aspen regulations as the change from time to time. This includes all COA Engineering regulations, policies and design standards. • Call out segment lengths and bearings for the access easement along the west side of Lot 3. • Provide dimensions for the Golf Course Easement. • Determine and document the top of slope and top of slope setback along Maroon Creek. Fire • Ensure that no access easements will be affected. Parks Parks asked if the building envelope were necessary to protect any natural resources on the property. o Not necessarily, would like the opportunity to work with the applicant to protect clumps of gambrel oak. Utilities The City of Aspen Utilities Department voiced the following concerns: • Existing water service agreements will remain. • Grading may only occur within setbacks. • No grading may take place over lot lines to protect the water tank. • Utilities wants to ensure that no access easements on either lot are affected. Zoning • How many TDRs will the approvals include? o There is no change to the TDRs included in this application. • Will the property utilize a building envelope or appropriate setbacks? o Development on the lots will be restricted by setbacks and the existing building envelope will be removed upon approval of the Minor Amendment. The following comments were received in an email on April 15, 2014. • Multiple TDRs, suggest to mimic the approvals for the Maroon Creek Club or IlmIt the amount to one. RR zone district locations: • Aspen Club • Benedict Building on Ute (aka Powder House) • 1409 Crystal Lake Road, Gordon Callahan Lot 9 Maroon Creek Club • 1490 Ute Ave, Silver Lining Ranch Submittal is lacking some analysis listed in pre -application summary: • Mitigation estimates • General development requirements • City's RDS • General description of the utility infrastructure • Existing water service agreement Surveys in reduced set not stamped not signed Floor area exhibit only demonstrates reduction of net lot area, lacks the 25% analysis aci E d Q O cn 119 Nlr`oi co O U C U d J O. 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We would like to see Lot 2 and Lot 3 of this subdivision exemption treated as typical lots within there zone district, forgoing any previous entitlements in favor of the current code as it changes from time to time. History: Lots 2 &3 of this subdivision exemption were created in conjunction with the Maroon Creek Club (MCC) for Arthur Pfister himself as he worked on the creation of the MCC. Arthur strove to keep these lots separate for himself along with Lot 1 which was donated as a site for a water storage tank for The City of Aspen. For this reason the lots of the exemption were kept separate from the MCC's subdivision and its PUD. This created an island of land within the MCC which would be under typical county purview rather the the MCC PUD and its regulations. Seeing this as problematic to the consistency of the MCC design ethic, Arthur agreed to link the lots of the exemption to the MCC design review requirements (Master Declaration 5) while maintaining regulatory autonomy. The lots of the exemption were created as part of a required Pitkin County 1041 Review process and the water service agreement from the tank parcel donation. In an attempt to preserve the rights granted in the 1041 Review the 1041 was in part incorporated into the Exemption Plat and recorded with Pitkin County. Later the entire subdivision of the MCC, and subdivision exemption for the Pfister lots and the water tank were Annexed into ThG City of Aspen. Ordinance 40 of 96 attempted to take in all of the previous approvals and non -conformities and even allow specific definitions to remain. This has cause some confusion as to what can be done on the exemption lots. It is the intention of this amendment to clarify that confusion. Explanation: Ordinance 40 of 1996 is attached for references. The annexation and rezoning of the Maroon Creek Club Subdivision and the subdivision exemption appears to include the exemption lots in the annexation in the first Whereas of the ordinance. However, in the second whereas the exemption lots are left out and the subsequent links to the previous Pitkin County approvals and definitions seem to be lost to the exemption lots in this portion of the annexation agreement. After the previous approvals and definitions are done being enumerated the exemption lots are specifically referenced again as the rezoning is prescribed. Reading this Ordinance in this way leads one to believe the the exemption lots along with The City of Aspen's Water Tank parcel fall completely within The City of Aspen's code without the subsequent approvals of the Pitkin County nor its definitions. This would seem to make sense as The City of Aspen would not want Pitkin County definitions and code sections regulating it's Water tank. The Subdivision Exemption Plat has a number of notes that make this problematic. The notes specify Floor Areas for each of the lots as defined by Pitkin County which is is no long a part. Lot 3 being 4,000 SF with a provision which would allow up to 5015 SF with special review, under which code? Lot 2 is allowed at least 6455 SF with the ability to expand based on Pitkin County Code and the 1041 Process. The difficulty with administering these notes is many fold. The 1041 process has been eliminated by Pitkin County in favor a a new Site Plan Review Process. The Pitkin County AR2 Zone that would allow us to recalculate the allowable FAR of Lot 2 has become The City of Aspen RR Zone. Which rules or zones should be used to calculate the allowable area of any new structure? Which definitions should be employed for the measurement of Area? How will The City of Aspen administer the Pitkin County regulations? Which reviews if any now apply? Should we resurrect the 1041 process and have the City of Aspen administer it? Proposal: Record an Amendment to the plat of the Subdivision Exemption which removes all of the subsequent approvals and supplants it with the current City of Aspen regulations as the change from time to time. Rather than trying to untangle all of the convoluted agreements and exemptions which Arthur Pfister granted himself while donating much of his land and subdividing the rest, we suggest cleaning the slate and using the current code. You will find below that the development impact of the lots is relatively changed by the amendment, but it would allow for a typical review process rather than a long and complicated negation about what all the agreements may have meant. This will not remove our requirement to comply with the design review standards set forth in Master Declaration 5 of the MCC and we acknowledge that and have included this on the plat amendment. Development Analysis: Lot 2: County Development County Zoning: AR2 Lot Area: 104,618 SF FAR: Current 6,455 AR2 allows up to 15,000 with GMQS (would county GMQS limitations apply?) FAR Exemptions: 4,000 SF Basement, 750 SF Garage, Overhangs up to 8 feet, Decks up to 15% Lot 2: City Development County Zoning: RR Lot Area: Net Lot Area = 49,891 SF (See attached calculation page) FAR: 6,588 SF (See attached calculation page) FAR Exemptions: % Exposed Basement, 375 SF Garage, Overhangs up to 30 inches, Decks up to 15% Lot 3: County Development County Zoning: AR2 Lot Area: 87,293 SF FAR: Current Plat 4,000 SF, Special Review 5,015. AR2 allows up to 15,000 with GMQS FAR Exemptions: 4,000 SF Basement, 750 SF Garage, Overhangs up to 8 feet, Decks up to 15% Lot 3: City Development County Zoning: RR Lot Area: Net Lot Area = 26,747 SF (See attached calculation page) FAR: 5,202 SF (See attached calculation page) FAR Exemptions: % Exposed Basement, 375 SF Garage, Overhangs up to 30 inches, Decks up to 15% The above grade development right including garage exemption: • Lot 2: 7,205 SF County and 6,963 SF City, assuming we would not be able to use the calculated AR2 FAR of 15,000 SF • Lot 3: 4,750 as platted and 5,765 SF with special review in the County and 5,577 SF in the City • Assuming the most restrictive County number the total above grade development is 11,955 SF • Using current City regulations the total above grade development is 12,540 SF The City currently has a code revision pending which will reduce the exemption for the garage space by 75 SF for each lot, and given the mass and scale implications of the 30" overhangs vs. the 8' overhangs it looks like the development impact of these site will remain very similar. This is also assuming the the larger county numbers can not achieved in the future through review procedures. It is our belief that this change would go a long way toward cleaning up the annexation approvals while having minimal impact on the development allowed on these sites. IMPROVEMENT SURVEY PLAT LOT 3, FINAL PLAT OF THE ARTHUR 0. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION �?S: ?�• °� �y �4 oa AS RECORDED ON APR/L 14, 1997 /N h PLAT BOOK 42 A T PAGE 45 I IN THE OFFICES OF THE PI TKIN COUNTY CLERK AND RECORDER COUNTY OF PITK/N, STATE OF COL ORADO + 490DOYCIE 1200 0 ea v ar.ues. ae.e r,n a •we. r r.• e. r rr arw v r.e aan.o•...re ." .-:.tom r ,Carew^dl � _ 1 en>.•...a•re •. w � ..ws.�...., ...ns>.•... lr- nw—+rre ......,o..e .,...a j� «ae..,.e. ,..e..r.a �.a•ew ssa w �� r .r� s... 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IMr w dhbwd d Me r•d-ded pot -.,*d bay /4 1951, h Plot baba ?A of Page /14 > Rocptke7 No. 09B.W0. /a rerma darrdrMa pror+b4a+4 op Wrn�rra and ab/yotkna io."R ur t Me .Igr.rrr t ddrd N y a 19J7, Dead re Door196 h Roam ra or tisye arJ w'9", A, Na 045 are Wn t7alrr DeeC drtd Decsmb- 19 l9B& ore rsmded Dec -bar 1& 7969 h tilok 145 of Pap 114 m Rec¢bb, IIa 1J6J7& and Aprwn-t doted D--nb•- 19, 1964 and rro-med porno- 79, IW4 A Book 245 et Pop. 71q w R,Nopptlo+ /Io. 1Jam avid rrrrcmdrd Aupu-t 24 197Z h Book 266 of Pop. 2= w RadptA + No, 1SI5J7. IT. Tem4 o 00-4 Pa.frbr4 apsrnerb ad dVl .U- epeo16d -der Me Lease d6W May 1, 196Z and roo-W F. dry 14 1974 h Boat 246 at Pope 711, m R.WtA. Ah IJ9291, ad Amrrd,-t to tome, dated Nownbr 27 ISM h Boot 246 of Papa 724 ae Reaaothn Na 1J9293. 12 Tr,-µ d'ndfbn4 p..bAv a oW-t. -d a&Ig tl-. 4 - 7bd under M. Dead or E nt dated NOr•+,br 27, 196& ad r-crWd F bruory 14 1974 h Boat 246 of Pape 744 w Rwcptran Na 1J92va 1-1 Te anmbna P *Avµ awe -melts ad o&VotM7r spedlbd ands- Me Deed of Eosrrlpt datd No.-M- 27, 196& ad r.xvded fiWtr-y 14 1974 h Boot 246 of Pap. 744 - Reago ml Na IJp197, aW Deed eI Eawr,-,r Z.; Nown6r 24 196& h E1odr 146 at Pap. 75Z a� Rodplhn No IJ929B 14 Terma-.PtAn4 P W-. .9 -cants ad obliWtA- px' d under M- Deed or E err dated Feb'uoy L 7974 ad -dad tfaM /4 1974 h Boat 247 at Pop 424 ar RecgoBho Na I-V,127. 15. Tana cmdrA.4 poMeb,i q-wnnb a,d ab/lprkn, peNlld and- Me C+mr or Eaerrrrrt dated Latoar 77, r9T/ and eoo dd NownOr 14 1977. h Book 3M of Pope 694, a. Ronptkn N. 199.W4 16. Tana Conmkn4 P.W0.14 aL7-.ta ad ab#9&1n, p-'%d and- Me $-d A-dnrlt to Leoee dated Nownb- 14 1077, ad Y.00ro d NOYrrM- 14 1977,, h Boot 1W at Pop. W4 ar t/ar At l9&510. 17. e'IrM d~A P Wd..q aw-- f. -d WVOA r. epeo'/bd -d- rM 00f OW, Deed dated Aapuef 4 /96Z and -.mood Au.0 24 196Z h boat 471 at Aye 614 - R.dpti- Na 245705 I& Tema cddtkn4 pro,Mbµ awerrrarfs -d cdllprkna W-7bd -dr M. Lem. Aw-emnt dated Aupuer 4 /96Z and nmdW Auprt 2$ 196Z h Book 431 at Aye 627, m Recgathn Na 14J707. 19 T-rni adrl rHh A pra.M1bµ ap•rrwrb -d cbflppvvtM. ped/AW aced- 67, Cede. Apr•rrrnt dated Aulewt /4 /982 aced Iso-ded Aupu-t 24 'Am 1h Boat 4J1 at Page 624 w ReopWn Na 2u7D4 ZA Term4 o-WMbM P--A.. ddre.7rmrs and abligafAns Weaff d r,d•- M, Apra -pert dated "VW 4 /9dZ wd reordd Aupat 24 IMZ h Boot 471 at Pope 617. w Rwwtb, Na 24T704 and Amrded Agr-t dated Jnuory 14 1964 -d -ded Fi-u-y 4 IW h Boot 460 of Pop. 374 w RwgoMV, Na 25"0" 21. My rd ae nob- ,own-rt. and -Nab - d-A-.d - M. red-ded 7kh Wat- Tank SR. frmNhp EMerrptbl Pot racvded Spot-nbw 17,, /97Z h Plat BoW 13 at Pope 64 m R-w6- Na 2442J4 and Me Ihnmat Mbtr Tank Vt. Pbtihp E-Mbd Aar dated A- 4 TWA ad --*d,. 14 1,= h Pat Bod /S of Pup S a R,o*t1w No 2J0A27. 22 r-m4---ftba Pe.1-trii dpe-nNrb and dN/ptkna epocel d rndr Mo AwrNnnt dated Jar"-y 4 19r4 and rwcc-abd J-n 4 Iw A Book 4S6 dt 752 m R.dgdNda N- 236282. 2I Trm- combµ Po,6A-4 rTwsrn-rta and d&Vabo- a ad u,dr M. T r free &.0-q;e Awe-+mt dated Dedwdr 4 /942 and red-dd Fdwoy 4 19" 07 Beet 460 of Pop .W4 as ft,ova. NCI 257CK3 24 Term oonmkrµ P A bri g at. and oW,yofA»s p..hW udr M. Gvtt aojn Deed oabd Doc-Mer 4 1904 -d --or ed foElu-y ,( 1964 t Boot 4W of ft. 394 w Aio*tkvr Na 257067. 23 Term- -dtb7- PoNek»4 owe-mrrfa mtl aOJlpafMa apecMsd urdr M. ArR Ode, Deed dated ,Ana-y f9, IM4 -d r•cGrdW FeMaory 4 1964 h Book I60 at Pap 37.k m R-dpff- Na 257/S2 26. Tema -oft µ pra.e-b,- apv- I. and oM/parkn, w,d-' M, QrR L7mh, Lewd doted FAacrr J7, 1964 an0 rec-rMd AA'9 11, I9B4 h Boat 464 at 42/, m RearpNar Na 1Sa662 and Caa'R"a"' Deed dated .5>{o[embr /L /9Ag and rearrbd Ferwary 17, 1➢O& h Boat SAT at Pope 147, - Redgotkn NG 3099M 27rem- cwaHkvA pro.6M; .Dee -cute and a&1,dtA- p,,Wd -rd- Me Dmd oo b, AQ'e-'n,nt M Rod, doted Aupa-t /1 IM -d rrcvded No,rmbr IZ 19" s, toot 730 et tarps 662 w Reapbe, Na J6J24a 28. T-m4 dam arm Po.6Ma ogrm-meets and 0W%wfk0s 4-)%d anal- Me Acme Edam t Aprerar,r doted Spf-nbr 4 IM and rea- W No„nb , rz IM h tact 7R7 or Aye 774 m R,npf/on Na J6715.5 19. Trm- c-rmk»a pro,iiMi gsern nb dad oWlpt/a+s pplJbd rndr M..*..w 9brmfy Deed dated N-6-- /2 199j orrd -.coed-d Nowrbr 12 1991 N Bu-t 7JD at Faye 747, m RecptM m rem- o-+mkv.c pro.ab,- ow.rnenb era mfporkN,r .P.d6ed w,db- III. *.b- W ty D.ed dated N-br rZ r99..; -d --deeded Nowmbr iR WA h Book 7T0 dt Pop. 724 - R-vbb. No JW57. 31. M foot .43b A Em-n-nt m reAned - tM St L. W. C-Ity H,bM kWarueo- ha Lot CM Adjsbnrrt Pat r.o-d-d Mahe, 12 1991 h oat Book JJ et Pops 4 m Rpptlar Na �JST?5f a FM SLOB,iMgv FW d PW ror M-om Dee dub ncwul.d NowrNr 14 Im h .W.Trrrµ &Uo pro.hbnAap-ts ad m$g tAnr 4 -o'6ed anal- bb. Wat- Ve b. Apr --net dated Joy 24 m1 1".j -d ryd-d Abwnbr 14 "..1 h Book 730 at Pep 797, as Af. Re � ad a yr-tdt-4B ,w 6, ad Md, w M. -.coded ptut or ArtMv 0. PNrtr fWy D.-*.d Lan6 9,MSoatobr, E,-rptkn Pat rewdW ApW 14Ba 1997, h or 42 Pkt Boof Pop 44 m Rapt/, NG 40ib9, and C-t ar,d Rat#kaU- of Pat dated May 34 2004 -d r--dd Jr» 14 2W4 m Reapbd No 35027d J4 Term c-rdfk»i pmMkMi dpwn-rer and adlp A- pwMd -Ialr tM Fht Amnon-rr to War- Sre4ae Apr-enrnt ddd AAy 24 /99.% -d rod -deed Cohrir 17, 1907, arR.Wtl- Na 409SW.. M Tema cmmbµ p-.Uk.4 o" -,fe -ld WIp,fknr p.~ -,d- M. appAM,, tb ANMoW .nd of Randd H Ja. dated Jule 4 20M ad r-dcMdld Ace /4 2004 ar R.aeptk» Ate 57026& IMPROVEMENT SURVEY PLAT maroon Creek Club LOT 2, FINAL PLAT OF THE ° IRTHUR 0. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION tC' Golf Course ❑ - ,ndkatas sfV w of 0-20X (no hotchhg) J1,470. SF., AREA JOX AS RECORDED ON APRIL 74, 1997 /N VO ❑ - lnd/cotes s1cpas of 20X-30X (Lots) 39,09E SF., AREA MV PLAT BOOK 42 AT PAGE 45 _— — lndkatee a* w of JOX and greater (°°shod) .M 547 SF, AREA UX IN THE OFFICES OF THE Pl TKIN COUNTY CLERK AND RECORDER file /mpry wont Surrey a porfofined h MoYch, 2014 — 7hAr ofoa#108 M h Zme X (area ae 041 of 5Q7 ,.� Qaad pleb) COUNTY OF P/ TKIN S TA TE OF COL ORA D O P1RM �naDe7wzcuc dares ,oleo DR 1.pB7. r t' �_ Due to jrow cow of UL of sur»y x Mpro�s�nevlts and fopogrglhlcol Ibofwes Itanu Aw -Im v `\ M \ swtic may not be Mhorrp xme of M. sfte dotal has been, ,Ym/ token "v0dus surxs. � \\` \ S»`17'ss1y GRAPHIC SCALE - • eaoncs ,tirr Aas AEaM a oAr w4Ae� Lr .RSM t ` - t; - err aY .vorr. rA+w mr 3YnF• wx y oowoi' a� [or J of SMD RILL MAT N Ar Iles ISRA.r AYiE PoMI ar SAO l J NSa \ \ \\ \�� \ {{{ �� -\ - (O �) °ewe >e mvsusroz r evl■en v.uaer for t rw.ow nAsne ow Ls M mule AT M \ 1 YN 70 >4 fA9NC A aEAe1e O< M Oe N'4I• atllelN Irw M aitveern w..w.. I-1 1 j - ,Ia AITOIIY 6 SWL•r 1a GmPllt AIWa OF eM Y Alel/ ar AepaBQ'TS AT Aa1N ar SOW M N +V \ \\ \t 1 �- �` ���\�{� j'-'��. ~ \ \ \ \� \ 11E �RL1aQ6 O• MC Mip/ LL�(Ro Ar MD A�1]m0[ ° '��\7 f I \ �•� �\\� \� 'u`� \ _\ \\\ ss S� »a yArK "eats rAo m Cm rA nRZ YAAW er era Mw+rro m [react owvl9r oe ro 1 yy' a6GOlA Et4101'A or o.ET DAzAdmom. or Arom Au Almw?M TRr to ai■f16W, nnEAateeNTS ae a11•)I lMYAAMN1Yt er Aefaala AWS sFDr D nror A mf£ baeb9eNr KVL'D sY ATIa9YYS n n'149UnYRAQ A", o4W J EL "1 oMWM A PafaWfDr4 rAM PAO- PrY Z SLO.ECT 70 RE r LOep.Y' QC0177Od P!F SW 777E M MMENT.' - 7. R101. to Ocher ad rawwft used h a neetkn w/M mob eetw ryas and Apht of the prq rbfn l ■ \ hTOIlS� 1��'T241L > " 10' 'htsoraec�f A— .—.d �,ehUM d � - P;tshould t aa,ne be leaned to panaaat. w 11 t\ • �._. \ `�- - per' A �. Rp h.M .� , and ,sand d - ' .. Aufluat 14 , 19 1, .h B ro 55 of 191, as tin Na D74BP6 Q 7erm4 canaYtkn4 d Ir d6 oNre■'nenrs and aalp4, &a p176 at Pager the ftc lD Deed dared 1 N i No (1D79J ,, an7 d /Ca rectAn Deed dated No-orQ7,1 f954han recorded Noi4rnb.Pago r >Q 1D5$Bh Boat f /' \ :-\ 1 - ►n.2 IM at Pop• 480: as Reovled- Nn ,07ZIA and ke Boat 242 at Page J6A1. }'17 \ ` •�' / lit (T y+ 9. My and o1 nate4 .oewnwrb aed ndtde or did000d m the n ded pot recorded May 14 1951, kl F ,gip �+Twf �1• R 4 Plaf. Book 2A at Pap 146, w Ra oaff- Na 09"0. \I\�tt �� p 1a Trm4 rmdnlm4 A'd recorded A 1,4 5f, A Boo and oD/Naf'me 3 - Ra undw Nr. 098384 rt dared May m � 5D.•d i& f%12n Bookr.00rdedl or fc f�9 � 2 Pep �R as ?ls1..Cr RwWtk. Nn 13BS79, and AP'.a -t doted De nbo, 19 1969 and nc d,M D-vnbw 19 196A ^zrh Boot 245 of Pop 114 m Recaptkn Nn IJQJBa and re -roc ded Augut 1S 1972 h Boob 266 at K a p�59 1 -1 f- ,..,jµ Page 2-M - Regotwn No 1&W77.wnmdeH,(ao,a. \ t" •1 1_ Q O �. ,96� and Fatw� 1 79 a h Bdaakan241 tPhoyose 4os ~- �ANe�L1a4st d.Ifoy1,F, F. (�Amaodnr t Lame °bled Now nbv 17, 1969 1h Boat 2467ia1t Poop - RolotJ� J92M 12 7em4 oo'dttl , pfa'Adal4 al7mnefs and od17aMns apoc~ unaw the Lbed of farsnalt ie .,J�1�2 bw v 19M,, ad r dad Fabnwy la 197a h dx�t 246 at Page 74a m Receptlm1s r 4-,*1ar4 aa.twb,4 a9r••'�rarte ad o&IWU ,. p-JFd and- N,. Deed of E--t \ \ ! Y \ Nn,an 20 d of ad act dat F.Wuary 1a 4 I h Baot 242 ar Pap 7e w R.o poeptlmNn 1J9297, and Owed oI Eawnrrt dof.d Nownbr 2Q I96'D, h BooY 246 of Pap. 75z a•o , /4 /-m4 oandRfan4 Prnw.br4 aV'•e'nant. and oel,�Tt/ws p-Ad ondw Nr. Deed of £aw.wrt %8040.2 diluted P bAy a 1974 and nao-dod March lQ 197a h Book 247 of An. 424 a RwWtA- No. 1.9nL 1•� 15 Ts . 4 -ea4 M 1apedbwae- Me Grant f Eooart -tab Oeo-27. 197Z and sarved bwbor ,,%1977, kBook JJat Page 694 m Rptk\ G'Ota i \ 60 PQtl6 N Na4 Tana cmdltfm4 pea.W*74 .9 -Wart+ and o&Wtkn Apw#kd and r Nre Sac d Mxndnent to o s Leave ddnN.9 bQ 14 1977, and reaudd N.-nber 14 1977, h Boot JM at papa 9.04 m 8040.18 �'4i ss1D A7�` st 4 ,� and A 24 h � 47/ of Page under Me c p pakn Dead dared ugu a ap 614 as Rectpt/ar No. 2437aS 1G T- e c 04R 6 P+oNN-a4 aAwnr-rb and dJdFt/w'r. p.af d mrd- M. L— ADrwnrrt doted 19 r 4 /962 ad rPa Kel Au9u.t 2'y 196Z kr BoaF 431 of Pap 627, ae R.wptM Na 2f3707. 19. Trm4 dM/m4 Pra.islm4 apw•n-rte and aDlB�paantt/ma ep.d9d wd- M. Les Apr.-n-rt dated �\ a n A T 1411962 and rommprole d A g 25, * - h 471 of Pop. 62$ of Reap Zed 2a .t A d-d' p+a. Wed A a9+•24 19 and aB !sane 0 Page u1Z M. A !doted an A.-� A end r•oadM don. 2SS IW and m-aad Fbn 617, o1 R. k, Bo k 14rt sop 1 , X8039.74 Pap J7s m Reo N. 257ot56.any °h^b'r �i 1.a94 h seat 460 at N `+\.\ \• \,1 ��, -I \ 44!! t 21. My and o1 note4 eases a is and recftds m dk.W d on M. rocaWd 7bhock POWs, Tact SIM Pf tth bbn R%4 Tern deed Pap 84 m R-W tAn No 2442A dan � rl•5aok Not' TanpA Srce Rbtthg Ex wtkn Pot doted ,.one 4 19&{ and ncaded '�`D \ \\. `� \�� - t ' X \ ` \ ` .\� �' ''`'-''� '� �• An e la IM h Plat Boot 15 of Pop '4 - R-Vbb,, No.250WZ \ 22 Tama candlNn4 pro.4e/m4 aqr - tv and oWlyations pedAd undw Me A t dateda.. 'L` -� -- •� _ i 1 \ .. ,ken y 4 1964, ad raca�dd ,.gruary 4 1961 hBoot 478 at Pap 752 m Racgo Na 2562E2 2s r-m4 -dlA r4 p'aNr/o'r4 ogre to and UVWIw 4 . #ba under fM rm• flee fk.her oan Ay„k ?6'p [70 -'Ll!�+ +�H ��1{}��t} ' 1`.. ( Ag tN nd7D.aw,wr 4 198.T and --ded F b, -y A 1W4, h Book 460 at Pap 3W,, m -- 065 24 7oma -df.-4 pro,4 a4 ap,—t. and odiparkns p.afAd -der M. &0 Cain Dod dated - - �',, 75D r� 4 196-i and racdd Fob-ary .% 1984 h Bork 460 at Page J1K m RbcepNar No T Aa m 40 o c�,,,,,oae 7.e, Found No. 5 Rebor , \ \ p m 2S T 4 amdfhn4 Pra.ir/m4 ogre- t. ad oarlpaekn. p.ch7w u,ow ern. LUR aan, D..e abMe with Yellow Plastic > �o a y / .fnuoy IA IW ad rscaad Fabrvay 6. 19BI er BucJr 4so ar firpe 57,; w RaaptA» Na 'ry ■ 7eM.M" Woml • a C 1 257712 ;7 4) L.S. /9184 , , ' m % 24 T-m4 c-rarfkn4 p'a.46An4 oaa-n- t. ad oagotAna p.dtbd under the GLn aa„ Dead dated ry fe m A wee e r \ # v, Mach 37, 19B4 and deed 11, f964, h Book 464 at Page 421, m Rwgatkn No 25WZ and ® rbartarn NA12kYe ELEV. 8027.9} o \ VICINITY MAP 1"--] 000' aallkarbn Dad dataeco I 1 U � 147,, oa Regotkn Na 3 12 1.pB$ od raco^ded Febrvwy l7, IWh Boat 595 of Pbge ` I7. T- .% a+'ra9fAaf4 t 1 8,; agr is and o&4vtkne 4e~ udw Me LbakaUw Agreernrrt CITY fA`' ASPEN ` fh^ Roods dated Augw an N. nb- 12 1994 h Boot 730 of Pogo 68x m $ .. �., 'j 1{ ` ey Abcgofkn Nn J6J24a CITY /} 'i II 11rW t.� \ � �. 1 � �,� �I 'te r, • � i ./ __. 2d T 4 cmdtkn4 P' fo- 4 aP'�'n-t. ad ob/,pobA pedhW undr Me Aa. Caeo w t 1 `• , .f � � ,per Agwn-,t = Spt-br 4 1994 and recorded Af w br I.Z f"4 h Boot 7JO of Pope 77-4 w �,6 ,, ; l'J\ • e O . `:, 4 JYWYAU& YUM4 BMW A PR MSV9 A LA .sur.EYat- AE Roewtkn4Na­ pv.tbfon4 op••-nriM and adggalAer. ped,bd under N» .$w!d Illv/Onfy D.ed k . STAIF OF meaOuRAo0qq ila eRXaW T S,e.tY was RimAAfeD fwav AN dialed Nownbr 12 IMI and needed 11 w 6- 1 1 AC7ULL M01BlN7ED LIAO WIII II IIE PRCPE1r/Y a'O'd•ER YWII[N7$ 2 9A( h Boot 7J0 of Page 747, o. Reapfkn • r1-_� - a 1 C d'• -0A '01 Ipetl Aw g!, LKr1t ur [IeFC7 s ,fs 0v A.e7 atr� 7101T n Na J6,S25a S cawrf M m BEST a<YY BEiEr AW ANOMLCCE Aim 11N I A!L 3a Tama -&Ana pro.LNon4 ogrsemante and a&IW(A era 4-dYbd under Me $aeM W..,ty D.d oefN .,4 Bo IN PEAR AAD AMA'.YAn e6w D``IDE " n" AR AaaRA7F dated No.enbe- 72 /99.i and recrrdad No.o•Me^ 12 799.i h Book 730 of Pap 79; m RepptAn • 1 /� • CWV 9RIFY N MCMD M aN.vA:eD AAa Ot64D e"OV A leer /M•� or I M 14aea (• #0V 0014IES MIN Q10%400 PIPO'EWW& SMAWROT N. 363257. 4y ftar A L4W .A0 YPLAT AAV iK awmvT AQ"ACY STAWAWS M1 X. 30 Mot wide Ac mr Eos-Wort m RQected m Me St. Luke•e Qmmlw,lty1IedM Reeofwceat he Lot M.WAt�1 tww n7tc swlcryF f r7wncw oonw nur nE asleo.oprs the AdAfetmnf Rot r ordod No.onb- 12 19Ai h Plat Boo: 33 at Pop •1 m Rogwb- Na { aR M£ Aeo1E pLSaaBED R= ov na Aa rC .wRvt t4 Coµ A'T[PT 363254 ad Me Fhd &6dA t bn Plot d PUD fa, AA r Omt aub receded Nowmbw 1S IYM k •b 9ArrY 00%WC,RM ARE OvImY wnw 71E &WVAq9S ar 11E PARCEL PAat Book 33 at Pope 6 as Recapfkn N. J6327,1 tom' EMP7 AS 940M AAO 71t41 IWW a M MM99VT SW E OV 1 ar 32 TMm4 ao'ra9lkn4 praWVb 4 oilman 0 and ob/ t/Ms Ibd undw Me Mrtw So -Wee ANY EA.1E1�✓T aNE9N? nP --17 a ANY PART - - PAM2'I. QffPT * f 1 \ AS Anrm Rbc1Ndated .idy 24 199� aced retarded No.e�rWr 14 1994 h bhnt 730 of Pogo 797, oa My and ar nate4 saws ej and rootWe aw aladosed m Me rucadad pot of ArMw a Ptht- fvey ssis roes wI De bpd Lands SfbaMMal E' wMtArr Not receded ,(or6 14M, 1997, h Pat Boot 42 of Asp 44 m .k r R.cpfAw Na 403MA and Can.4nt and RetfAmtkn of Pat dated May 34 20L4 and recaaed .fn. `t •i� 3 r ` JVWY AUEM RMI LS S" W1E /4 2004 m R-Wbb r No sW7d J4 T 4 aan&t/an4 pvvWmm, agro- wt. old obl/pati peelFied under M. Flat Amendment M � • ¢ • I -- Nbter Ser fbo Agra-n-rt doted Ady 24 199.x and r•o-d d Cbtabsr 17, 1997,, or R.pptA» Nn TUFFe ' SCIk'f'ATYING SffRMCSS' IMPROVEMENT 511 LAZY CHAIR �„ ✓r 1 ...-w r aa...r. r-I. ,.......,..tee. - 727 Bloke Avenue ccM 03/11/2014 t4-... .A.a.l"w: - ..t..r Glenwood Springs, Colorado 7- 01 RANCH ROAD A•el �te 4sf w. w 4etr te a .._..... ..M , .e.r (970) jS*W& (FAX 947-9007J SURVEY PLAT Y w a..4+rel.te e4..e. ;�,.�--w � ASPEN, CO. 81611 ar N -L-r- : -- rAix NOTES - _ �i.: FQ;_ - Alpne Surveys, h?C. ao�l office am r:ae Agm, c,waaa, ale„ FINAL PLAT OF THE fOOF, ARTHUR O. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION VICINITY MAP t '=a •e1� OWNER'S CERTIFICA'E '2 •9'7- A41 - nCK:`«�Y✓4.X �G yLP'�'� VI_ ll�-"R C:r 'ram " -( StiW?' �{: _t:R?c-- -ri.'EC^. LEGAL DESCRIPTION . " 7 A'T Cf VY.[- a". 'V Y'.`-.r -. it _ _ 'Y :. 'f r,,F :n v>-I., Pr'cl„ M1`:`l, •'Y,'..;R•AP,, x: !? �_'. ceL,5:12.?'Lv -tr,tNrW46 °T A TINT tT vQV': I'F `r1.0 •-Cc..-PCs.: 0FA48 r . 3 '+5 ,._ - _ _ ' -Elul; 5 P• 27' 51 3, lw = L 'r . . T'-L-`r-T Fs9T m M --Eel . T-Hr.4AX wee 235t:C lFFi,r.-ty-.F y?. At. N -2- 50 rEE?i -fv .E 3 r 3 !rr r, -za r =E. 'c •v 2 55• VJ ?5 CC E .Y '_ M C C.' P r BOARD OF COUNTY COMMISSIONERS APPROO\AL ,,4t c'14 'i.r lS HP ro.'v A »F^5T t JILT '�`✓`cicT'CD .l+'r✓. '+.�(:•v'FC:y � �tArXT. ¢ APh'�yE. T THE P. K'F C,'tiNT" 3�RD • F1M°Az`iOo �v F �6L.AT JFl�i/esiR`__: SURVEYORS CERTIFICATE HAZARD MRNING_AND DISCLAIMER CLERK & REODRDER'S ACCEPTANCE 715 F\,A .re AFT-•5 11� r; 5TFR F =Lf 'F ;:,• '� &rvwpd a >ry cRc p4molma o n9' -,A .X n F�5. ,rr-r/F- `-`` - Dr~ - a3 GY ��!`L�.L•.cr TN1e Xb %. HAZARD MRNING_AND DISCLAIMER CLERK & REODRDER'S ACCEPTANCE 715 F\,A .re AFT-•5 11� r; 5TFR F =Lf 'F ;:,• '� &rvwpd a >ry cRc p4molma o n9' -,A .X n F�5. ,rr-r/F- `-`` - Dr~ - a3 GY ��!`L�.L•.cr TN1e Xb %. 1 sea �s � a •� • 205.75sga 335.o9'4 a FORUM PHI 715 Wert Main Street, Suite 2D4 167.50 sq It Aspen, Colo.do 81611 P. 970.279.4157 F 886.770.5585 371.25 sq a 511 LAZY CHAIR CLIENT 511 Lary Chair, Aspen, CO 81611 2,2a0.00 w a Of C040 STEVEN * WILSON 402/27 ti O `R, 1A17.00sga ■ LJ CONSULTANTS 171� SURVEYOR TUTTUE SURVEYING SERVICES $ 727 BLAKEAVENUE - GLENWOOD SPRINGS, CO 81601 P. 970.928.9708 F. 970.947.9007 6203.75 sqt E-MAIL JEFF®TSS-US.COM 1,084.00 so CIVIL L TBD 74,62725 at t MECHANICAL TBO 24,591.50 s4 a 75125sgt STRUCTURAL �.n 76 CONTRACTOR 4ta75.gt vraou c4�or rleixunou 1,I7625 qt Z MRYYV NOT FOR CONST. PROJECT NO: 1405 DRAWN BY: SMW a COPYRIGHT FORUM PHI. LLC / NET AREA - LOT 2 ill =20' Z-006 NET LOTAREA Lot 2 0-20% Slope 20-30% Slop a 30+Ye Slop a Trail Easement Element Square Footage 205.75 3482725 1350.75 9303.75 335 988.75 247.25 24591.5 267.5 571.25 1433 37129 107 751,25 1084 1545.5 493.75 195.75 4432 2260 127925 1432.5 Total FAR Gkuladon 15000 SF = 4500 SF = FAR SF • i air a � FORUM PHI 715 V4W Vam Street, S011s 2D4 Aq*n, Colorado 81611 P: 970.279.4157 1:: 866.770.5585 511 LAZY CHAIR CLIENT 511 Lary Chair. Aspen, CO 81611 OF CO,O �P 5TEVBJ * WILSON / 192127 ti ■ qqt 279•25 5`1 t CONSULTANTS SURVEYOR TUTTLE SURVEYING SERVICES 2. 727 BLAKE AVENUE GLENMOD SPRINGS, CO 81601 77.50 sq t _ P. 970.928.9708 F. 970.947.9007 E-MAIL JEFFQTSS-US.COM Lot 3 0-20X Slo 20-30%Sloe 30+% Slop 159.50 p t 955sosge �... -..- -.....�... _. CIVIL 18 ...) 7su? TBD 49.25 sq t MECHANICAL TBD 15,285.00 sq a 25.4U.75 s4 rt STRUCTURAL TBD 901.75 sq t CONTRACTOR TBD 10,75550 q t )!N/10�/ Cl11F DF ft19LIUTION 7 S a �s asosgt Z MOM NOT FOR CONST. PROJECT NO 1405 - DRAWN BY SMW COPYRIGHT FORUM PHI. LLC Z 00 / NETAREA-LOT3 1" =20 NET LOTAREA Easement Element Square Footage 15285 10155.5 25486.75 18770.75 2518.5 526 1280 3627 981.75 159.5 4592.25 1385.25 73.5 853.25 955.5 279.25 4925 22.25 252.5 35.75 d'rvidual Totals 21148.25 11197.75 32549.75 22397.75 Gross Lot Area 87293.5 Total FAR Gkulatfon 15000 SF = 4500 SF = FAR SF 26747.125 SF - 15000 SF = 11747.13 SF 11747.125 SF / 100 SF = 117 SF 117 SF x 6 SF = 702 SF 702 SF + 4500 SF = 5202 SF V& IKfAc '' 0 4 c.-e pvWG6 `vim 1i�r 1�s 1� ` cAvzk- cw% . U.li{ C:� Ceas. 3 - i� *, Z�yw pi ;M I� v ,� � t - _�` Iy�� � mil • -_--. - --- jj-ASJ&� ' - -tv, C"A� iD - �r� • ril - - �-A 2 MO. r.. njpwi bezfw� 451�Af4 Cr_rYL 2 � 3 ld� 2 3 old tea% - �f� r 6�nanlo �� l M, V1C1r4ITY MAP. SCALE F = 1000' Alset .Ir'� Aw/ wan aav � , :n Arr rn......N .NI/Arr .br CAM JF O AY rrq�4a(w rAww FLAT SCALE I" =_ _ " DEFINITIONS: MASTER DECLARATIOIk MEANS THE MASTER DECLARATION OF PROTECTIVE COVENAITS FOR M'ROOR CREEK CUB RECORDED DECEMBER 2ND 1993 III BOON 733 AT PAGE 593 OF THE REAL ESTATE RECORDS OF PITKIN COUIITY MM0014 CREEK CLUB: MEANS THE PLANNED DEVELOPMENT COMMUNITY INCLUDING THE GOLF COURSE, GOLF CLUB AND PEL TTED FACILITIES AND THE RESDENT)AL SUBDIVISION DESCRIBED IN THE FINAL SUBDIW901 PLAT AND PUT) FOR MAROON CREEK CLUB RECORDED NOVEMBER 15. 1993 IN RAT BOON 33 PAGE 4 OF THE REAL ESTATE RECORDS OF PITKIN COUIITY, COLORADO. THE PROPERTY: MEN45 THE REAL PROPERTY DESCRIBED AS AN OUT PARCEL ON THE SUBDIVISION PLAT FOP. MAROON CREEK CLUB AND :MUCH IS LEGALLY DESCRIBED ON THIS PLAT. OWNERS LAZY CHAR LOT 2 LLC AND LAZY CHAR LOT 3 LLC CWNERS RESPECTIVELY OF LOT 2 AND LOT 3 OF THE ARTHUR 0. PFISTER SUBDIVISION. PARTIES. OWNERS, MAROON CREEK CLUB AND THE On OF SPEN SINGLE FAMILY LOTS: AS DEFINED IN THE MASTER DECLIRATIOII. NQM- I) ZONING AND LAND USE CONDITIONS. ALL PARTIES AGREE THAT THE PROPERTY IS ZONED RR AND IS ACCORDINGLY SUBJECT TO THE CITY OF ASPEN'S LAND USE REGULATIONS APPUCABLE THERETO, AS AMENDED FROM TIME TO TIME. THE PARTIES AGREE THAT THE CURRENT LAND USE CODE APPLICABLE TO THE RR -ONE DISTRICT SUPERSEDES AND REPLACES ALL PRIOR O201NANCEa APPROVALS. STANDARDS, REGULATIONS AND PROCEDURES APPUC.NBLE TO THE PROPERTY FOR THE PLANNING, EVALUATION, APPROVAL AND IMPLEMENTATION OF LAND USES AND DEVELOPMENT WITHIN THE CITY. 2) HOMEOWNER'S ASSOCIATION CONDITIONS. ALL PARTIES nGREE THAT THE PROPERTY IS SUBJECT TO T14E TERMS OF SECTICR 5 OF THE MASTER DECLARATION FOR SINGLE FAMILY LOTS. AS AMENDED FROM TIME TO TIME, WHICH PROVISIONS SUPERSEDE MD REPLACE ALL PRIOR AGREEMENTS, STANDARDS. REGULATIONS AND PROCEDURES OF THE ASSOCIATION APPLICABLE TO THE PROPERTY. 3) RUN WITH THE LAND. THE PROVISIONS OF THIS AGREEMENT AND THE OBLIGATIONS CREATED HEREUNDER STALL BURDEN AND RUII WITH THE PROPERTY. THE AGREEMENTS SHALL BIONIC, BE CHARGED UPON AND INUPE TO THE DENEFIT OF ANYONE ACQUIRING OR OWNING AN INTEREST IN THE PROPERTY AND THEIR RESPECTIVE GRANTEES. SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS, DEVISES, AND/OR ASSIGNS. 1ST AME OMENT RNAL PLAT OF THE APTHUP 0. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION 511 LAZY CHAIR DRIVE, ASPEN COLORADO, 81611 CITY OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO THE PURPOSE OF THIS PLAT IS TO AMEND ANI) UPDATE THE APPROVALS TO ALLOW FOR THE COIF❑RMHNCE WITH Z❑NING REGULATI❑NS IN THE CITY OF ASPEN CEfl71ENCATE OF DEDICATION AND OWNERSHIP LEGEND AND NOTES: IQ4011' ALL YEN BY THESE PRESENTS: - INDICATES FOUND MONUMENT AS DESCRIBED THAT THE UNDERSIGNED BEING SOLE OWNERS IN FEE SIMPLE OF ALL THnT REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: - INDICATES SET NO.5 REBAR A CAP MARKED LS 33638 LOT 2 3 LOT 3, ARTHUR 0. PFISTER FULLY DEVELOPED L44DS SUBNSION EXEMPTION DATE OF SURVEY: MARGIN, 2014- ACCYJMONG TO THE FINAL PLAT RECORDED IN OT PLAT BON 42 AT PACE 45 - THE PURPOSE OF THIS AMENDED FINAL PLAT IS TO - SAID PARCEL IS ENTIREL'i WITHIN 'ZONE X: AREA DETERMINED TO BE OUTSIDE OF 500 YEAR FLOOD PLAIN' PER FEMA FLOOD INSURANCE PATE MAP, PANEL 203 OF 325. - LEGAL DES(FIPTICII: LOTS 2 k 3 OF THE ARTHUR 0. PFISTER FULL' DEVELOPED LANDS SUBDIVISION EXEMPTIO ACCORDING TO THE FINAL PLAT RECORDED IN PLAT BOOK 42 AT PAGE 45, PITKIN COUNTY, CO. - BEARINGS ARE BASED UPON A NO. 5 REBAR WITH A YELLOW PLASTIC CAP L.S. 9184 FOUND AT ME SOUTHWESTERLY CORNER. OF LOT 3 OF SAD FINAL PLAT AND AT THE WESTERLY ANGLE PUNT OF SAD LOT 3 ALSO BEING THE SOUTHEASTERLY CORNER OF SUBJECT LOT 2. - THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR, TO DETERMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD. ALL INFORMATION PERTAINING TO OWNERSHIP. EASEMENTS OR OTHER. ENCUMBRANCES OF RECORD HAS BEEN TAKEN FROM TITLE IIISURANCE COMMITMENT ISSUED BY ATTORIIEYS TITLE INSURANCE AGENCf OF ASPEN. LLC, DnTED EFFECTIVE NO'.EMBER 2. 2012 S COMMITMENT NO. FIE NO. PC12003032. THIS ONE AMENDED FINAL PUT OF LOTS 2 h 3. ARTHUR 0. PFISTER FULLY DEVELOPED LANDS 5USIDIVISON EXEMPTION, 511 LAZY CHAIR DRIVE, ASPEN CO 81611, OTY OF ASPEN. COUNTY OH BMBEN STATE OF COLORADO REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPUCA13LE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS__DnY OF 2014. TO THE EXTENT THAT ARYTHNIIG IN THIS RAT IS INCONSISTANT OR N CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THIS PROPERTY OR ANY OTHER PROVISIONS OF APPLICABLE L.N, INCLUDING BUT NOT LIMITED TO OTHER APPUCABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE L4WS 91ALL CONTOL OTY OF ASPEN COMMUNITY DEVELOPMENT LWRECTOR CITY ENGINEER: IRIS PUT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REOIXROJENTS. TINS _ DAY.OF _ OF 20— On ENGINEER SUR YOP'S CERTIFICATE I. JEFFREY ALLEN TUTTLE. DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE L.WS OF THE STATE OF COLORADO. THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE NIENDED FINAL PLAT OF LOTS 2 d 3 ARTHUR O. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION, 511 LAZY CHAIR DRIVE, ASPEN, CO 81611. CITY OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. AS LAID OUT,U PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PT WAS MADE FROM ,JAI ACCURATE CONTROL SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION IN THE FIELD MROR BALMNCEO AND CLOSED WITHIN A UNIT OF 1 IN 15.000 (WHICH COMPUES NTH COLORADO PROFESSIONAL STANDARDS FOR ALTA/ ACSM LAND TITLE SURVEYS) AND CORRECTLY SNOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMEITS AIID STREETS AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUSDIVISIONI OF LAND. IN AITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS _ DAY OF A.D., 2014, JEFFREY ALLEN TUTTLE. P.LS. 133638 ,"terk DM Recorders 7h4^ P.dt is accepted fa I➢ing n the Office o. the LTeh and Recorder of ?'&A C-4, Cola -odd, this day or 2014, Plot Boas_, on Page w 1 Recgctim na. B�,Clerk and Recorder CONTAINING 2.4 ACRES AND 2.0 ACRES RESPECTIIELY, MORE OR LESS. HAVE CAUSED THE DESCRIBED REAL PROPERTY TO HE SURVEYED, LAW OUT AND PLATTED AS SHOWN ON THIS ARM 0. PFISTER FULLY DEVLOPED LANDS SUBDIVISION EXCEPTION, 511 LAZY CHAIR DRIVE, ASPEN CO 01611 Or, OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO IN WITNESS WHEREOF SAID OWNERS) HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF AD. 2013. BY: OWNERS STATE OF _ ) J ss COUNTY QF,_ The foregoing document was ockmsdedged be/ re me this day of 2,714, by WITNESS my had — afr.!& sea. P AT kPPROVAI CERTIFICATE THIS AMENDED PLAT HAS BEEN APPROVED BY THE MAROON CREEK CLUB IN WITNESS WHEREOF THIS DAY OF , A.O. 2014. BY REPRESENTATIVE STATE OF Cp/N7X CA-_________) J ss The forego7rg document Nme ocknodedged bet me Rh:Y doe of _ 2014. by — WITNESS my hand and erfic'al sea. TITLE, CERTIFICATE: I, AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF CCLORADO. OR AGENT AUMCRIZED BY A TITLE INSURNNCE COMPANY, DO HEREBY CEPIIF', THAT I HAVE E<AMRIED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTEED IN , FREE AND CLEAP OF ALL UENS AND ENCUFHSRANCES (INCLUDING MORTGAGES DEEDS OF TRUST, .AUDGMENTS, EASEMENTS, CONTRACTS AND AQREEMEIITS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS - DATED THIS _ DAY OF _ AD., 2011 TITLE COMPANY. OR ATTORNEY COLORADO ATTORNEY REGISTRATION NO. T7 Blake venue LNG S�RYICBS 727 Bloke Avenue , ,S T A MENDME� � T � 511 LAZY CHAIR DRIVE, /EA a'o- br. SPB/✓L w 1 Glenwood Spr%ngs, Colorado &601 (970) 928-9708 (FAX 947-9007' ` /NA t/ PLAT ASPEN CO 816 1 �`03/T9/2014 1 e�,T� OF 1] 0 u • G + ry AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 511 Lazy Chair Drive, Aspen, CO SCHEDULED PUBLIC HEARING DATE: Tuesday, May 27'hat 5pm, 2014 STATE OF COLORADO ) ss. County of Pitkin ) 1, Steven Wilson being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ✓ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ✓ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the _ day of , 20, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ., Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate (honer Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this/3 day of 1' A , 20-8-1, by 5k-kw W,ksD n WITNESS MY HAND AND OFFICIAL NNIFER M. WRIGHT NOTARY PUBLIC I L U STATE OF COLoRADO My commission expires: 1 NOTARY ID km M435, 2 � Non C�mwExp*Ns. y ,a a17 w ATTACHMENTS AS APPLICABLE: *COPY OF THE PUBLICATION *PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 u Pfister Subdivision Amendment - Public Notice Posted 5-13-2014 511 Lazy Chair Drive, Subdivision: Arthur O Pfister Exemption Lots: 2 & 3 PUBLIC NOTICE RE: ARTHUR O. PFISTER LOTS 2 AND 3 SUBDIVISION AMENDMENT; ANNEXATION AGREEMENT AMENDMENT; 511 LAZY CHAIR ROAD. NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 27'', 2014, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Steev Wilson, Forum Phi Architects, 715 West Main Street; Aspen, CO 81611; 970.279.4109; on behalf of the owner of Lots 2 and 3, Arthur O. Pfister Subdivision Exemption. Owner is Lazy Chair Lot 2, LLC, and Lazy Chair Lot 3, LLC; c/o Millard Zimet, attorney; 604 West Main Street; Aspen, CO 8161 l; 970.925.8700. Parcels are known as 511 and tbd Lazy Chair Road and as Parcel ID Nos. 2735-113-02-002 and 2735-113- 02-003. Council is asked to amend the approvals for Pfister Lots 2 & 3 to release the property from certain development restrictions applied to the approval by Pitkin County and convert the existing entitlement to current City of Aspen requirements. Properties are zoned Rural Residential. For further information, contact Chris Bendon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2765, chris.bendon@cityofaspen.com. s/Steve Skadron Mayor Published in the Aspen Times on May 8, 2014 City of Aspen Account PUBLIC N(ITICE Date: Tues., May 27th, 2014 Time: 5:00 p.m. councii Lnambers, cit viacem . y Hall, 130 S. Galena, Aspen Purpose: P&Z will review an application submitted by Lazy Chair Lot LLC, c/o Millard Zimet, attorney 604 W. Main St. Aspen, CO 81611. P&Z will make recommendation to Council regarding subdivision amendment and annexation agreement to convert the lots from County to City development restrictions. Lots are zoned rural res. For further information contact Aspen Planning Dept. at 970-429-2758. 511 Lary Chair —Adjacent Properties within 300 feet of Arthor O Pfister Exemption Lots 2 & 3 Author O Pfister Exemption Lot 1: ID#: 273511302801 City of Aspen �( Attn Finance Dept 130 S Galena St Aspen, CO 81611 Lot 48: ID#: 273511309048 120 Pfeifer Place Bravura LLC ✓ 533 E Hopkins 3`d Floor Aspen, CO 81611 Lot 47: ID#: 273511309047 110 Pfeifer Place Bravura LLC 533 E Hopkins 3`d Floor Aspen, CO 81611 Lot A-D IN: 273511209053 / Maroon Creek LLC J 10 Club Circle Aspen, CO 81611 Section: 11 Township: 10 Range: 85 Parcel of land in NE4SW4 of SEC 11-10-85 DESC BY M/B ID#: 273511300004� Kathryn A Finley 550 Lazy Chair Ranch Road Aspen, CO 81611 603 :Maroon Creek Road ID#: 273511300005 S&J Investments 11 LLC 222 N Lasalle #800 Chicago, IL 60601 Lots H,J,K,L,M,N,P,Q,R,S & Roads I D#: 273511209055 j Maroon Creek Club Master Association C/O Joshua and CO 300 S Hunter St Aspen, CO 81611 Lot 46: ID#: 273511309046 100 Pfeifer Place / Crossgates LLC 533 E Hopkins Ave Aspen, CO 81611 25(l C�zj ���(� 25;+ +4 N.z,cE 61 -------------------------------------- ASPEN POST OFFICE ASPEN, Colorado 816119998 0723550528-0094 05/13/2014 (970)925-7523 03:00:26 PM ---------------------------------- - Sales Receipt Product Sale Unit Final Description Oty Price Price (Forever) 7 $0.49 $3.43 Shirley Chisholm PSA Total: $3.43 Paid by: VISA $3.43 Account Y: XXXXXXXXXXXXI693 Approval t: 007639 Transaction Y: 849 23903030047 In a hurry? Self-service kiosks offer quick and easy check-out. Any Retail Associate can show you how. Order stamps at usps.com/shop or call 1-BOO-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. iiit*#*tii###tttttit#t#i##t#*#ii#;#i ttsixttiit####it*##itiit#ii#ts#ti#st Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. #iis###ti#tilt**#i#*ittt#ti##tii##i ititiitt#tt#it*###t##ttitit#ii#it#i# Billt:1000601646556 Clerk:05 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business tt#i##iitittiiiitxttiiitii#ti##i##t# #tii###qi###itt#ii#ti#it#tt##t##tt# HELP US SERVE YOU BETTER Go to: https://Postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS fiiifi*ttittit#t#iti#ttitiitiifit#f# Customer Copy • 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Dl j S 4 2 lg� L O4 S 2�, CC-0 c� Aspen, CO STATE OF COLORADO } ss. Count, of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: ' By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A cop ublication is attached hereto. igna The fore oing "Affidavit of Notice" was apl nowledged before me this I& day of , 2004, by�G� n�1W�i 1 WITNESS MY HAND AND OFFICIAL SEAL ParcellD NOS. 2735-113-02-002 and 2735-113-02-003, Council is asked to amend the approvals for Pfister Lots 2 8 3 to release the property from certain development restrictions ap- My commission expires: W ( / n �t� l l[/ plied to the approval by Pitkin County and convert r �- the existing entitlement to current City of Aspen re- quirements. Properties are zoned Rural Residen- tial. For further information, contact Chris Bendon at the City of Aspen Community Developmentent De- De- partment, 130 S. Galena St., Aspen, CO. (970) 429-2765, chris.bendon@cityofaspen.com. T� Pub Notary Publi c s/Steve Skadron Mayor Published in the Aspen Times on May 6, 2014 (10170567) KAREN REED PATTERSON ATTACHMENTS: NOTARY PUBLIC STATE OF COLORADO COPY OF THE PUBLICATION NOTARY ID #19964002767 my Commission Expires February 15, 2016 4F I AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY. `11l 'J Uj a S '+ C(__l 0 > 4- R _ , Aspen, CO JSCHEDULED PUBLIC HEARING DATE: 'I U e .S aj: t,A AA-1 20 V I STATE OF COLOR.A-DO ) ) ss. County of Pitldn 1 I, Z �lQ-� �) IV (-)- (�-W (a, * V� (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of thepublication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the _ day of , 20, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the,pitin.ers and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach sumnuz7y, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate O-lvner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature — The fo egomg "Affidavit of Notice" was ac owledged before me, this day of 20, by LIC NOTICE RE:ARTHUR O. Fl TER LOTS 2 AND 3 SUB- - YY 1 11 1:S S MY HAND AND OFFICll1L SEAL DIVISION AMENDMENT; ANNEXATION AGREEMENT AMENDMENT; 511 LAZY CHAIR ROAD. NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 27th, 2014, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Steev Wilson, Forum Phi Architects, 715 West Main Street; Aspen, CO 81611; 970.279.4109; on behalf of the owner of Lots 2 and 3, Arftr O. Pfister Subdivision Exemption. Owner is Lary Chair Lot 2, LLC, and Lazy Chair Lot 3, LLC; do Millard Zimet, attorney; 604 West Main Street; Aspen, CO 81611; 970.925.8700. Parcels are laxown as 511 and the Lary Chair Road and as My commission e• Notary• KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS AS APPLICABLE: NOTARY E) res Feb 0 ry 157 MY Commission Expires Februa 15, 2016 • COPY OF THE P UBLICA TION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE 0WAERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 • • agreements may have meant. This will not remove our requirement to comply with the design review standards set forth in Master Declaration 5 of the MCC and we acknowledge that and have included this on the plat amendment. Development Analysis: Lot 2: County Development County Zoning: AR2 Lot Area: 104,618 SF FAR: Current 6,455 AR2 allows up to 15,000 with GMQS (would county GMQS limitations apply?) FAR Exemptions: 4,000 SF Basement, 750 SF Garage, Overhangs up to 8 feet, Decks up to 15% Lot 2: City Development County "Zoning: RR Lot Area: Net Lot Area = 49.891 SF (See attached calculation page) FAR: 6,588 SF (See attached calculation page) FAR Exemptions: % Exposed Basement, 375 SF Garage, Overhangs up to 30 inches, Decks up to 15% Lot 3: County Development County Zoning: AR2 Lot Area: 87,293 SF FAR: Current Plat 4,000 SF, Special Review 5,015, AR2 allows up to 15,000 with GMQS FAR Exemptions: 4,000 SF Basement, 750 SF Garage, Overhangs up to 8 feet, Decks up to 15% Lot 3: City Development County Zoning: RR Lot Area: Net Lot Area = 26,747 SF (See attached calculation page) FAR: 5,202 SF (See attached calculation page) FAR Exemptions: % Exposed Basement, 375 SF Garage, Overhangs up to 30 inches, Decks up to 15% The above grade development right including garage exemption: • Lot 2: 7,205 SF County and 6,963 SF City, assuming we would not be able to use the calculated AR2 FAR of 15,000 SF Lot 3: 4,750 as platted and 5,765 SF with special review in the County and 5,577 SF in the City Assuming the most restrictive County number the total above grade development is 11,955 SF Using current City regulations the total above grade development is 12,540 SF The City currently has a code revision pending which will reduce the exemption for the garage space by 75 SF for each lot, and given the mass and scale implications ofthe 30" overhangs vs. the 8' overhangs it looks like the development impact of these site will remain very similar.This is also assuming the the larger county numbers can not achieved in the future through review procedures. It is our belief that this change would go a long way toward cleaning up the annexation approvals while having minimal impact on the development allowed on these sites. 0 THE CITY of ASPEN Land Use Application Determination of Completeness Date: March 28, 2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0025.2014.ASLU — 511 Lazy Chair Dr., Minor Subdivision Amendment. Your planner assigned to the case is Chris Bendon. X Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2778 if you have any questions. Thank You. Sara Adams City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA, or PUD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging • 11 Minor Amendment to the Arthur O. Pfister Fully Developed Lands Subdivision Exemption Intent: The intent of this minor amendment to the subdivision exemption is to clarify the zoning and regulation which applies to these sites. We would like to see Lot 2 and Lot 3 of this subdivision exemption treated as typical lots within there zone district, tOrgoing any previous entitlements in favor ofthe current code as it changes from time to time. History: Lots 2 &3 of this subdivision exemption were created in conjunction with the Maroon Creek Club (MCC) for Arthur Pfister himself as he worked on the creation of the MCC. Arthur strove to keep these lots separate for himselfalong with Lot 1 which was donated as a site for a water storage tank for The City of Aspen. For this reason the lots of the exemption were kept separate from the MCC's subdivision and its PUD. This created an island of land within the MCC which would be under typical county purview rather the the MCC PUD and its regulations. Seeing this as problematic to the consistency of the MCC design ethic, Arthur agreed to link the lots of the exemption to the MCC design review requirements (Master Declaration 5) while maintaining regulatory autonomy. The lots ofthe exemption were created as part of a required Pitkin County 1041 Review process and the water service agreement from the tank parcel donation. In an attempt to preserve the rights granted in the 1041 Review the 1041 was in part incorporated into the Exemption Plat and recorded with Pitkin County. Later the entire subdivision of the MCC, and subdivision exemption for the Pfister lots and the water tank were Annexed into The City of Aspen. Ordinance 40 of 96 attempted to take in all ofthe previous approvals and non -conformities and even allow specific definitions to remain. This has cause some confusion as to what can be done on the exemption lots. It is the intention ofthis amendment to clarify that confusion. Explanation: Ordinance 40 of 1996 is attached for referencer. The annexation and rezoning of the Maroon Creek Club Subdivision and the subdivision exemption appears to include the exemption lots in the annexation in the first Whereas of the ordinance. However, in the second whereas the exemption lots are left out and the subsequent links to the previous Pitkin County approvals and definitions seem to be lost to the exemption lots in this portion of the annexation agreement. After the previous approvals and definitions are done being enumerated the exemption lots are specifically referenced again as the rezoning is prescribed. Reading this Ordinance in this way leads one to believe the the exemption lots along with The City of Aspen's Water lank parcel fall completely within The City of Aspen's code without the subsequent approvals of the Pitkin COUnI\ nor its definitions. This would seem to make sense as The City of Aspen would not want Pitkin County definitions and code sections regulating it's Water tank. The Subdivision Exemption Plat has a number of notes that make this problematic. The notes specify Floor Areas for each ofthe lots as del incd by Pitkin County which is is no long a part. Lot 3 being 4,000 SF with a provision which would allow up to 5015 SF with special review, under w hich code? Lot 2 is allowed at least 6455 SF \\ ith the ability to expand based on Pitkin County Code and the 1041 Process. The difficulty with administering these notes is many fold. The 1041 process has been eliminated by Pitkin County in favor a a new Site Plan Review Process. The Pitkin County AR2 "Lone that would allow us to recalculate the allowable FAR of Lot 2 has become The City of Aspen RR Zone. Which rules or zones should be used to calculate the allowable area of an), new structure? Which definitions should be employed for the measurement of Area? How will The City of Aspen administer the Pitkin County regulations'? Which reviews if any now apply? Should we resurrect the 1041 process and have the City of Aspen administer it? Proposal: Record an Amendment to the plat of the Subdivision Exemption which removes all of the subsequent approvals and supplants it with the current City of Aspen regulations as the change from time to time. Rather than trying to untangle all ofthe convoluted agreements and exemptions which Arthur Pfister granted himself while donating much of his land and subdividing the rest, we suggest cleaning the slate and using the current code. You will find below that the development impact ofthe lots is relatively changed by the amendment, but it would allow for a typical review process rather than a long and complicated negation about what all the ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Pfister Subdivision Amendment Location: 511 Lazy Chair Drive, Subdivision: Arthur O Pfister Exemption Lots: 2 & 3 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) Lot 2: 273511302002 & Lot 3: 273511302003 APPLICANT: Name: Lazy Chair Chair Lot 2 LLC & Lazy Chair Lot 3 LLC Address: Forum Phi - 715 West Main Street, Suite 204 Aspen, CO 81611 Phomc #: 970-279-4109 REPRESENTATIVE: Name: Steev Wilson, Forum Phi Address: 715 West Main Street, Suite 204, Aspen CO 81611 Phone #: 970-279-4109 TYPE: OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ESA -- 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ F'inal SPA (& SPA Margin, Ilallam Lake Blur condom iniumizatloll) Amendment) Mountain V ieN� Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment X❑ Other: Minor Amendment to ❑ Conditional Use Subdivision Exemption EXIS7INC CONDITIONS: (description of -existing buildings, uses, previous approvals, etc.) On lot 2, there is an existing, two story single-family frame construction with patio and driveway improvements. Lot 3 is an un-developed lot w/ existing access easement to Lot 2 and Golf Course easement. ?ROPOSAL: (description of proposed buildings, uses, modifications, etc.) Lot 2: Rural Residential Zone District - City of Aspen Zoning Lot 3: Rural Residential Zone District - City of Aspen Zoning lave you attached the fnllowino7 Fti r.•_c rn ir• 4. 4550 x❑ Pre -Application Conference Summary ®x❑ Attachment #l, Signed Fee Agreement RECEIVED Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #mot, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project MAR 2 8 2014 All plans that are larger than 8.5" X 1 I" must be folded. A disk with an electric copy of all written (Nlicrosoft Word Format) must be submitted as part of the application. Large scale projects shoul I ,� LksPEN electronic 3-D model. Your pre -application conference summary will indicate if you must submit a ��EVEIOPMEN', 00 2 s . v�t�� , Q s L, k- . e t �4-i:t • • ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Pfister Subdivision Agreement Applicant: Lazy Chair Lot 2 LLC Location: 511 Lazy Chair Drive Zone District: RR - Rural Residential Lot Site: Lot 2: 2.4 Acres Lot Area: Lot 2: 49,891 SF (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: E isling. N/A_ Proposed: N/A Number of residential units: Existing.- Single - -Proposed:-.-_N%A- _. ----- - Number of bedrooms: E.Wsling.•_7 BR ---_---Proposed: N/A--------- --- Proposed % ot'demolition (historic properties only): NIA DIMENSIONS: Floor Area Principal bldg. height Access. bldg. height On -Site parking Site coverage: % Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback: Side Setback Combined Sides: Distance Between Buildings Exislirlg: 7043 SF-A11oiruh1e: 6588 SF - Proposed: NIA Existing: 22-Ft- -Allowuhle:_28 Ft- ---__Proposed: N/A Existing: N/A ---Allowable: 28 Ft - - Proposed.. N/A -- Fxisling: 2+ - ---RequiredI. - --- --Proposed: N/A -- - 1:xisling.- N/A Requires N/A Proposed: N/A Existing;Requirement -- Regllil.ed: No Requirement Proposed.No Requirement Exislirlg: N/A _ — Reghired: _ 30 Ft --- -Proposed.• N/A ---- E:Yi.sling. _N/A -- - Required:_ 20 Ft__ _Proposed: N/A Exlsllrlg: N/A-- - -- Required: --50 Ft - - -Proposed NIA Existing: N/A _- Required:_- 20 Ft — —Proposed: N/A Existing.- N/A Required:__ 20 Ft Proposed: N/A - E.zisling:-- N/A _--_-Required. __40 Ft ------Proposed: N/A -- Existingeq No Requirement No requirement _IZeyuircci: No requirement Pruposrd: - -- Existing non -conformities or encroachments: None Variations requested: None ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Pfister Subdivision Agreement Applicant: Lazy Chair Lot 3 LLC Location: 511 Lazy Chair Drive Zone District: RR - Rural Residential Lot Size: Lot 3: 2.0 Acres Lot Area: Lot 3: 26,747 SF (for the purposes of calculating; Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Exisling:__ N/A Proposed:__N/A Number of residential units: Exisling: None Proposed: N/A Number of bedrooms: Exisling: None Proposed: N/A Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On -Site parking: % Site coverage % Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback Exislirg: None_-__- Allowable: 5202 SF_proposed: N/A Existing:_N/AAllowable: 28 Ft Proposed: N/A Exisling: N/A --Allowable.- 28 Ft Proposed: N/A Exlslitig: UNDEVELOPED Required: UNDEVELOPED Proposed: N/A Exisling: N/A N/A Proposed: N/A _Required: Fto - --- Exis/ing:Requirement _ReytliPed:No Requirement PYUpo.Sul:No Requirement Exisling: _NIA ___Required: _ 30 Ft ProposedI.' N/A - Exisling:_N/A _Require(!: 20 Ft --Proposed: N/A --- Exis'ling: NIA _Required: 50 Ft—Prupos'ej. N/A Exisling: N/A Required: 20 Ft Proposed: N/A Side Setback: Exisling: N/A Required: 20 Ft Proposed: N/A Combined Sides: Exisling:_N/A Required:_ 40 Ft Proposed: N/A No Re uirement No requirement No requirement Distance Between Esi.cling q_Required: Proposed: Buildings Existing non -conformities or encroachments: None 0 Variations requested: None CITY O� AovtN COMMUNITY DEVELOPMENT Agreement to Pay Application Fees An agreement between the City of Aspen (LCij) ' and ( Property Lazy Chair Lot 2 LLC Phone No.: 970-279-4109 - Steev Wilson - Owner Agent Owner ("I'): Lazy Chair Lot 3 LLC Email: swilson@forumphi.com Address of 511 Lazy Chair Drive Property. Aspen, CO 81611 (subject of application) Billing Forum Phi Architecture Address: 715 West Main Street, Suite 204 (send bills here) Aspen, CO 81611 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 6 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only- The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration. unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. i have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit. I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $__._ _____ deposit for _ hours of Community Development Department staff tirne. Additional time above the deposit amount will be billed at $325 per hour. $ 4,550 deposit for 14 _ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $RgEN ED City of Aspen: Property Owner: MAR 2 6 1014 Chris Bendon --CST-OPEN -- - -- �i--/--- -\- - -- _ ---- Community Developmen>v1P(W� Name:Steve Wilson _-----.-___-_ _--_—_ City Use: it Fees Due: Received: January, 2013 City of Aspen 1 130 S. Galena St. 1(970) 920-5090 0 • CONSENT AND AUTHORIZATION TO REPRESENT Lazy Chair Lot 2 LLC c/o Millard J. Zimet, P.C. 604 West Main Street Aspen, CO 81611 3/3114 City of Aspen Community Development Department 130 South Galena Street, 311 Floor Aspen, Colorado 81611 Lot 2 Arthur O. Pfister Subdivision Aspen, CO 81611 Dear Director, This letter shall wive as my approval for Forum Phi Architecture to submit, represent and obtain materials on the behalf of the owner of Lot 2 of the Arthur O. Pfister Subdivision. Lazy Chair Lot 2 LLC hereby authorizes Steev Wilson and Forum Phi to perform and submit documents related to planning, Building Permit Application, or to gain building file information on our behalf for the project located at Lot 2 Arthur O, Pfister Subdivision Aspen, CO 81611. They may represent us during the application review and approval processes. They may act on our behalf, may sign on our behalf all applications and permits, and any documents required or ancillary thereto. Steev Wilson, Partner, AIA Forum Phi Architecture 715 W Main Street, Ste 204 Aspen, CO 81611 Sincerely, )le --- Print Name Date RECEIVED cli COMMUNITY AVILLJPMEN1 CONSENT AND AUTHORIZATION TO REPRESENT Lazy Chair Lot 3 LLC c/o Millard J. Zimet, P.C. 604 West Main Street Aspen, CO 81611 3/3/ 14 City of Aspen Community Development Department 130 South Galena Street, 316 Floor Aspen, Colorado 81611 Lot 3 Arthur O. Pfister Subdivision Aspen, CO 81611 Dear Director, This letter shall serve as my approval for Forum Phi Architecture to submit, represent and obtain materials on the behalf of the owner of Lot 3 of the Arthur O. Pfister Subdivision. Lazy Chair Lot 3 LLC hereby authorizes Steev Wilson and Forum Phi to perform and submit documents related to planning, Building Permit Application, or to gain building file information on our behalf for the project located at Lot 3 Arthur O. Pfister Subdivision Aspen, CO 81611. They may represent us during the application review and approval processes. They may act on our behalf, may sign on our behalf all applications and permits, and any documents required or ancillary thereto. Steev Wilson, Partner, AIA Forum Phi Architecture 715 W Main Street, Ste 204 Aspen, CO 81611 Sincerely, 6' Date G� y ll,Ci,o� .�. r� Print Name RECEIVED MAR 2 8 ?r14 ��F ASNtN DMLOPA67 • • WHEN RECORDED RETURN TO: Millard 1. Zimet, P.C. 604 W Main Street Aspen, Colorado 81611 RECEPTION#: 608319, 02/28/2014 at 03:18:17 PM, 1 OF 2, R $16.00 DF $250.00 Doc Code PER REP DEED Janice K. Vos Caudill, Pitkin County, CO SPACE ABOVE THIS LINE FOR RECORDER'S USE PERSONAL REPRESENTATIVE'S DEED (SALE) THIS DEED is dated February 28, 2014, and is made between Andrew V. Hecht, as Personal Representative of the Estate of Elizabeth H. Pfister, deceased, "Grantor," and Lazy Chair Lot 2 LLC, a Colorado limited liability company, "Grantee," whose address is c/o Aspen Starwood, LLC, 0133 Prospector Road, Suite 4102B, Aspen, CO 81611, County of Pitkin, State of Colorado. N WHEREAS, Elizabeth H. Pfister died on the date of November 17, 2011 and the Grantor Cn was duly appointed Personal Representative of said estate by the District Court in and for the County of Pitkin, and State of Colorado, Probate No. I IPR60, on the date of November 28, 2011, and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon the Grantor by the Colorado Probate Code, Grantor does hereby sell and convey unto Grantee, for and in consideration of Two Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00), the following described real property situate in the County of Pitkin, State of Colorado: a Lot 2, ARTHUR O. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION, according to the plat thereof recorded April 14, 1993 in Plat Book 42 at Page 45, as Reception No. 403369, Pitkin County, Colorado, also known by street address as: 511 Lazy Chair Ranch Road, Aspen, CO 81611 and assessor's schedule or parcel number: 273511302002 above. With all appurtenances. IN WITNESS WIIF,REOF, the Grantor has executed this Deed on the date set forth RECEIVED MAR 2 8 2014 CITY OF ASPEN '�#i "41TY DEVELOPMENT Ll ! `f uf'k�'d k,°/ri-TREP j f� DATE �/a� f r m- �Tw6alo GRANTOR: The Estate of Elizabeth H. Pfister, deceased An ew Hecht, Personal Representative j l'EF�1 Phl ®ATTF� � LD 0 • STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me thi&day of February, 2014, by Andrew V. Hecht, Personal Representative of the Estate of Elizabeth A. Pfister, deceased. Witness my hand and official seal. My commission expires: 16,-7- STACY STANEK NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20024032730 My commiss" E4 m6 October 1, 2014 Notary ublic REcsvErl MAR -2 8 �nj CITY COMMUNITY (}F DEVELOPMENT • WHEN RECORDED RETURN TO: Millard J. Zimet, P.C. 604 W Main Street Aspen, Colorado 81611 RECEPTION#: 608317, 02/28/2014 at 03:18:15 PM, 1 of 2, R $16.00 DF $20.00 Doc Code PER REP DEED Janice K. Vos Caudill, Pitkin County, CO SPACE ABOVE THIS LINE FOR RECORDER'S USE PERSONAL REPRESENTATIVE'S DEED (SALE) THIS DEED is dated February 28, 2014, and is made between Andrew V. Hecht, as Personal Representative of the Estate of Elizabeth H. Pfister, deceased, "Grantor," and Lazy Chair Lot 3 LLC, a Colorado limited liability company, "Grantee," whose address is whose address is c/o Aspen Starwood, LLC, 0133 Prospector Road, Suite 4102B, Aspen, CO 81611, County of Pitkin, State of Colorado. O WHEREAS, the Elizabeth H. Pfister died on the date of November 17, 2011 and the Grantor was duly appointed Personal Representative of said estate by the District Court in and for the County of Pitkin, and State of Colorado, Probate No. I IPR60, on the date of November 28, 2011, and is now qualified and acting in said capacity. r� NOW THEREFORE, pursuant to the powers conferred upon the Grantor by the Colorado` Probate Code, Grantor does hereby sell and convey unto Grantee, for and in consideration of Two 6 Hundred Thousand and No/100 Dollars ($200,000.00), the decedent's entire interest in the following described real property situate in the County of Pitkin, State of Colorado: Q a' Lot 3, ARTHUR O. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION, according to the plat thereof recorded April 14, 1993 in Plat Book 42 at Page 45, as Reception No. 403369, Pitkin County, Colorado, also known by street address as: TBD Lazy Chair Ranch Road, Aspen, CO 81611 and assessor's schedule or parcel number: 273511302003 With all appurtenances. IN WITNESS WHEREOF, E F, the Grantor has executed this Deed on the date set forth above. RECEIVED MAR 2 8 ?1114 GRANTOR: The Estate of Elizabeth H. Pfister, deceased CITY OF A6PEN COMMUNITY DEVEIOPMEW c_ GiTY OF ASPWd Andrew V. Hecht, Personal Representative _ 'ter' FdQ. Li47�pATr- RAID M-V/� ,��it �raO. y,Gsa y STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) the foregoing instrument was acknowledged before me thisay of February, 2014, by Andrew V. Hecht, Personal Representative of the Estate of Elizabeth A. Pfister, deceased. Witness my hand and official seal. My commission expires: 0 STACY STANEK NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20024032730 My Commission Expires October 7, 2014 Notary Public L71 RECEIVED COMMUNITY DEVELOPMENT 0 • CITY OF ASPEN PRE -APPLICATION SUMMARY PLANNER: Chris Bendon, 429.2765 DATE: 1.16.14 PROJECT: Pfister Subdivision Amendment REPRESENTATIVE: Steev Wilson, Forum Phi Architects DESCRIPTION: The applicant would like to amend the approvals for Pfister Lots 2&3 to release the property from certain development restrictions applied to the approval by Pitkin County and convert the existing entitlement to current City of Aspen requirements. The two lots are part of a three -lot subdivision known as the Arther 0. Pfister Fully Developed Land Subdivision Exemption (Pfister Subdivision). The subdivision was approved by Pitkin County and the property subsequently annexed into the City of Aspen. Lots 2&3 are the subject of this amendment; Lot 1 is owned by the City of Aspen and used for a water storage tank. The Pfister Subdivision approval limits the development of Lots 2&3 to specific floor area maximums to be calculated according to the Pitkin County land use code at the time of permit submission. The property is zoned Rural Residential (RR) within the City of Aspen, permitting the development of one single-family residence per parcel. There is ambiguity concerning the applicability of City of Aspen development calculation methodology for floor area and the applicability of other City of Aspen development requirements. There appears to be relative parity between the development allowances of the Pitkin County approval and City of Aspen RR zoning. Terminating the Pitkin County approvals and converting the existing entitlement to City of Aspen approvals and calculation methodology requires an amendment to Ordinance 40, Series 1996. This ordinance annexed the property into the City and accepted the Pitkin County approvals. The action also requires an amendment to the water service agreement, which was approved in 1993. Both of these actions require adoption of an ordinance by City Council during a public hearing. Both of these documents involved other lands known as the Maroon Creek Club. The Pfister lots were described as 'but parcels" but were affected by the documents. Staff also recommends a re -filing of the subdivision plat to remove the various Pitkin County requirements and to memorialize the property lies within the Rural Residential zone district (Ordinance 40 rezoned the property to RR but the Map show the property as RR-PUD). This is a "minor amendment" to an existing subdivision and only requires City Council action. Staff suggests these properties may be ideal candidates for landing Historic TDRs. Landing of one TDR per residence is currently permitted in the RR zone. It 3rg!�ksiqg 1. D allowance requires an amendment to the RR zone district limitations. This AN rtee� be initiated by City staff and some staff analysis of other RR properties will be. necgspar�4 The applicant should articulate their interest, if any, in landing multiple TDRs per residence. Gf i Y Ur µOVEN COMMUNITY DEVELOPMENT Amendments to an annexation ordinance and to the water service agreement are not processes specified in the City's land use code; however, City Council approval is required to amend an ordinance. Annexation (and an amendment) is a legislative matter and does not have specific review criteria. Staff suggests the application contain a description of the request, the rationale for the request, and an analysis of the development potential under the current Pitkin County approvals and the proposed City of Aspen RR zoning and development requirements. This should focus on Floor Area but also include some analysis of the County's building envelope, 1041 requirements, and general development requirements and the City's residential design standards, mitigation requirements, and general development requirements. A general description of the existing utility infrastructure should be included in the application. The existing water service agreement and any requested changes will be reviewed by the City's water department. The City's growth management requirements for single-family development 26.470.060.2 will apply. The City will consider the lots to be qualified for the administrative approval process as previously existing parcels. This can be clarified in the amended annexation ordinance. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.48O.O90.0 Subdivision Amendments, Minor 26.470.060.2 Growth Management, Single -Family & Duplex Dwelling Units 26.710.130 Rural Residential (RR) Zone District A link to the Land Use Code is here: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and- Zoning/Title-26-Land-Use-Code/ A link to the Land Use Application is here: litt www.aspenpitkin.com/Departments/Community-Developinent/Planning-and- Zonin AN/ pplications-and-Fees/ Review by: Staff for complete application Development Review Committee for technical considerations City Council Public Hearing(s): Planning Fees: Referrals: Total Deposit: City Council. The City will require posting, mailing and publication of notice. $4,550 for 14 hour deposit. Additional tirne over 14 hours will be billed at $325 per hour. Engineering - $265 per hour $4,550 RECEIVED MA2 2 8 ?0+4 CI r of AMEN COMMUN1?Y DEVELOPMENT Total Number of Application Copies: 12 Copies. One copy may be submitted for completeness review. To apply, submit the following information: 1. Total Deposit for review of application and signed fee agreement. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. If the applicant is a contract purchaser, authorization from the current owner is needed. �. Proof of ownership. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. S. Pre -application Conference Summary. , An 8 112" x 11" vicinity map locating the subject parcel within the City of Aspen. j 7. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. 8. Existing and proposed build -out analysis. This should show and describe general development allowances of the County approval and the requested City RR zoning and does not need to be an exact development plan. 11 x 17 size drawings are sufficient. 9. A written description of the proposal and an explanation in written, graphic, or model form of the County approvals and the requested City approval. 4"0 : Draft amended subdivision plat and a response to the review standards for a minor subdivision amendment. 11. List of adjacent property owners within 300' for public hearing. 12.Applications shall be provided in paper format (number of copies noted above) as well as in digital format. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your building permit application submittal addresses these building -related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. RECEIVED MAR , 8 ?^i4 CITY OF A6PEN COMMUNITY DEVELOPMENT 511 Lazy Chair Dr, Lots 2 & Lazy Chair Lot 2 LLC Lazy Chair Lot 3 LLC 604 W. Main St Aspen, CO 81611 STAGE RD Vicinity p Ma 0 Forum Phi 715 W. Main St., Suite 204 Aspen, CO 81611 cr i 14 w (f- Z F` Ix4ti — I �: 10 B - •v Ur LL s'p': `'' o INVIEW DR is V '�% . �•.; "�`• :��.r - �. Q IL nC w. I U s t0-4 O [+10 ry CO 27'?5 T103 R851N SITE L MAROON C R EEK R O • - I tom..•(!• S fi �.• 1�z V. %J61 10 ;mot a41Z- �� •.� \. •� U 4z • _ . ' _FL LARKSPUR �N �dComm UJ NT o 32 10rr 0 111111111111111111111111111111111111111 III 11111 1I101i 403224 04/08/1997 M 02P ORDINANCE 1 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ORDINANCE NO.40 (SERIES OF 1 996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING; FOR THE MAROON CREEK SUBDIVISION IN CONJUNCTION WITH ANNEXATION INTO THE. CITY OF ASPEN WHEREAS, pursuant to Section 26.92.020 of the Aspen Municipal Code the applicant, the City of Aspen, has submitted a request for a map amendment to rezone the Maroon Creek Club subdivision, two Pfister parcels, and the water tank parcel in conjunction with annexation into the Citv of Aspen; and WHEREAS, through [lie development approvals of the Maroon Creek Club subdivision the developer agreed to annex into the City of Aspen; WHEREAS, it is the obligation of the City of Aspen, under the Water Service Agreement, to not divest or diminish the land use approvals or development rights awarded by Pitkin County for the project in their entirety and has therefore maintained all existing County approvals, findings, written interpretations and amendments for the subdivision granted prior to the annexation agreement, and WHEREAS, to further clarify the approvals and the intent of the Water Service Agreement and the Annexation Agreement, Fxhibit A defines the following definitions of the Pitkin County I And Use Code that shall be utilized for purposes of determining height, bulk, and setbacks within the PUD: Accessory Structures Basement Building Height Floor Area (FAR) Setback Structure Yard Yard, front, side and rear WHEREAS, a duly noticed public he?ring was held by the Aspen Planning and Zoning Commission on October 22, 1996 to consider the application for a map amendment and forwarded a unanimous recommendation of approval to the Aspen City Council; and WHEREAS, the Aspen City Council having considered the Commissions recommendation for a map amendment at a public hearing on November 25, �I IIIIII IIIII Ifllll illl Iflllll IIIII Iltli III IIIII Ilf� 403224 04/06/1997 04:02P ORDINANCE 2 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK '1996, and finds that the proposed rezoning of the Maroon Creek Club subdivision is consistent with the requirements of the Municipal Code. NOW, THEREFORE, BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it, foes hereby grant rezoning of the Maroon Creek Club Subdivision, the Pfister outparcel, the former ARU Facility outparcel, and the water tank parcel as follows: Former ARU Facility Outparcel RR Pfister Outparcel RR Water'l'ank Parcel C PUD Overlay on all lettered and numlxred parcels Lot # PropcneLl City Zoning 1-5 RR 6 - 12 R-15A 13 Ali 14 15 16 RR 17 RMF-A 18 RMF-A 19 - 40 R-15A 41 - 45 RR 46 - 48 R-15A 49 C 50 RMF-A 51 P/SPA 52 AH A-C p F. - c OLI H-K WP 1, - N OS P-S Wr 7'-U Os Section 2: The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in Section 1 above and such amendments shall be promptly entered on the Official Map in accordance with Section 26.28330.B of the Municipal Code. RECEIVE �` MAR l 8 CITY OF NJr•t:-N COMMUNITY DEVELOPMENT 011111111111111111111111111111111111 III 111II 1111 III 403224 04/08/1997 04.02P ORDINANCE 3 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Section 3• That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6• A public hearing on the Ordinance shall be held on the day of November 25, 1996 at 5:00pm in the City Council Chambers, Aspen City Hall, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the -0 .. day of � 1996. John iutctt, Mayor ATTEST: A och, City Clerk FINALLY, adopted, passed and approved this :2-'> day of �. 1996. 0 1III11I1111!111111111111111ME1111111111111all 403224 04/08/1997 04:02P ORDINANCE 4 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK _ John henilett, Mayor — — 1.t L4 A i TEST'"r- s - U�� A �y��,..' och, City Clerk RECEIVED MAR l b ?114 CITY OF Aor-EN COMMUNITY DEVELOPMENT '?% .Y 'n #3632513 1 1 / 15/g.-3 Rec 4.340_ 00 BI, 730 FF. 797 Silvia llavts, Pitki.1 OILY Clerk, Doc $.00 . iATER SERVICE AGREEMENT THIS WATER SERVICE AGREEMENT ("Agreement") is entered into s this !o day of 1993, in Aspen, _ Colciado, between th C ty of Aspen, Colorado, a municipal e corporation and home rule city (hereafter "City"), and Pearce Equities Group iI Limited Liability Company, a Utah limited liability company (hereafter "PEG II"), and Arthur 0. Pfister, a Elizabeth H. Pfister and the SEP Residence Trust and the CDP Residence Trust, Colorado Trusts (together hereafter "Pfister"), j and the Aspen Skiing Company (hereafter "Company"). W I T N E S S E T 11 " K WHEREAS, PEG II owns, leases or holds an option to own or = lease certain real property comprising approximately 369 acres situated in Pitkin county (and more specifically described on Addendum "A" attached hereto and fully incorporated herein) upon which it seeks to construct a residential development and golf course project genera'ly consisting of forty-three (43) single- family free-market homes, thirty-seven (37) iree-market town - homes, forty (40) affordable residential housing units (39 multi - family rental units and 1 single-family sale unit), and expand = 1 the existing Maroon Creek Club, f/k/a the Grand Champions Club -` including the construction of an 18-hole championship golf course / t with supporting facilities (the "Project Property"); and ,4 WHEREAS, PEG II holds an option to purchase a certain S=; portion of the Project Property from Arthur 0. and Elizabeth it. Pfister, more particularly described in Addendum "B" attached hereto and fully incorporated herein (the "Pfister Property I"), which will be conveyed to PEG II should PEG II exercise its ` option to purchase same; and WHEREAS, PEG II and Pfister seek to obtain municipal water services from the City for the development of the Project Proper- ty, inclusive of the Pfister Property I; and .Sl WHEREAS, Pfister also owns other property in the vicinity of the Project Property as more particularly described in Addendum "C" attached hereto and fully incorporated herein for which 1 potable water service is desired from the City (the "Pfister Property III', ; and . i WHEREAS, the Company will own Lot 49 within the Project = Property for which potable water service is desired from City w1 (the "Company Property"); and; ate #363258 11/1-5193 00.42 Rec s-Y10,00 6V 730 PG 7913 Silvia Davis. Pltil,o CrIty Clerk, Doc 5.00 Y. WHEREAS, the Project, the Company Property, and the Pfister Properties I and II ("Pfister's Properties") are situated outside the corporate limits of the City; and WHEREAS, detailed subdivision approval for the Project Property development (known as Maroon Creek Ranch, f/k/a Pfister Ranch/Golf) has been granted, as amended, by the Board of County Commissioners for Pitkin County, a copy of which is attached and incorporated herein as Addendum I'D" the "Project"); and An WHEREAS, water service for Pfister's Properties, the Company fN Property, the Project, and the Project Property will require or has previously required the installation of certain water mains and related facilities as otherwise described in the Agreement; and WHEREAS, the Municipal Code of the City of Aspen, Colorado (hereinafter "Code") requires that the extension of water service outside of the boundaries of the City shall be made pursuant to a written agreement with the City, that the City shall not be obligated to extend such service and may provide such service only upon a determination that it is in the best interests of the City, and that the City may impose such requirements by agreement .4 .., as the City determines are necessary to protect the best inter- ests of the City; and WHEREAS, the City has determined that this Agreement and all covenants herein are necessaryto comply with the Code and the water policies of the City of Aspen and the City is not entering this Agreement as a public utility nor holding itself out to the public in general as capable of or intending to provide water service extraterritorially; and WHEREAS, the Code provides for the rating of new or expanded water service bared on potential water demand as expressed in equivalent capacity units (hereafter "ECU"); and WHEREAS, the City desires to encourage the use of raw water supplies for the purpose of lawn and other outside irrigation so `'_.-' as to reduce the dependence on treated water for this purpose and to minimize the costs of providing treated water service to the Project and the Project Property and Pfister's Properties; and WHEREAS, the City, PEG 11 and Pfister wish to enter into this water service agreement which shall supersede the defunct water service agreements dated July 9, 1990 entered into between the City, the Maroon Creek Development Corporation (IINCOCII) and Pfister, as well as other agreements between and among the parties as more particularly described in paragraph I below; and 2 i CITY COMMUNITY OEVELOPM j 11'16-1256 1 1 / 15/113 C:i : 42 Fee $340, OO BK 730 PG 799 Silvia DJtvi_ Fiti:in Gnt'y Clerk, Doc $.00 ; x' n is.r..`�:.,. WHEREAS, this water service agreement (the "Agreement ) extension L .•- designed and intended to comply with the water service Resolution,- is policies as adopted by the City through the passage of t No. 5 (series of 1993), as amended June 28, 1993 pursuant to Resolution No. 49 (Series of 1993). HOW, THEREFORE, in consideration of the premises, mutual promises, and covenants contained herein, the parties agree as follows: PURPOSE OF AGREEMENT 1• BeMlacement Of Prior Agreements. This Agreement super- sedes: (1) the defunct water service and raw water agreements Pfister; (2) and C. dated July 9, 1990, among the City, KCDC, and 9, 12, 1314 and 15 of the Amended Agreement between paragraphs Arthur O. Pfister and Elizabeth H. Pfister and the City of Aspen, recorded with the Pitkin County Recorder on February 3, 1984, at Bcok 460, page 371-83 (Reception No. 257066) (the ,Amended Agreement'); (3) and the entire Agreement between Arthur O. dated Pfister and Elizabeth H. Pfister and the City Of Aspen with the Pitkin County Recorder at August 8, 1982, and recorded nook 431, pages 617-626; (4) and that certain Water Main Exton- the sion and Service Agreement dated September 30, 3985, between City and Owl Creek Development Corporation, a p ssor interest to PEG 11, to the extent the provisions of such agree- ..�., ment have not been fully perforned or are inconsistent or con- :/ /-, fii.ct with the terns of this Agreement. Notwithstanding the = above, nothing herein shall be construed to vacate any easements identified as provided City under the terns of the agreements as as specifically provided for in this in this paragraph, except Agreement, -`' 2. Iota Service to Project and roiect Property. The City hereby agrees with PEG II to provide potable water service to the Project and the Project Property, inclusive of Pfister this Agreement in such quantities Property I, under the terms of. and to the extent herein provided so as to serve the structures + and uses as authorized by Pitkin County under the approvals as granted in PEG II's detailed final plat submission the offor Project (see Addendum D ).Subject aph 17 below, the City shall provide potable water service to the to exceed 550 ECUs ("equiva- project and the Project Property not lent capacity units',) under this Agreement; provided, however, that the maximum volume of treated water the City shall be nd the Project and the ProjQa� Prsubruer required to provide to this paragraph shall not exceed 185 acre-feet/y jectto _ the terms of paragraph 17 below, the structures and uses as ap- be served without proved for the Project and Project Property may 3 Y � a; atY•�:w6,{r,c!as»:;+3-xP.r ,•:y.. ,,. ,..__. eta, .• .�:_ s;e . , t:ti�e�••v.'a�a�A C{'i�tt:. v'�Z'sn .-. -. .,.. - .. . -, . _.�[✓ •r .a-....r. r_� ..�.-.. .. ... s... ... J' - 4363=8 11/15/93 00-.117 kpc_ 4J40.00 2K 130 F'6 800 Sil%ia Davis, F•Itk]n Casty CIe0-, Doc 9.OU y any ECU limitation per unit or use so long as the total of 550 ECUs herein is not exceeded. The parties agree that•Y'5 as specified of the 550 ECUs herein provided, the Maroon Creek Club (f/k/a the Grand Champions Club) presently utilizes 15 ECUs. PEG II hereby waives any tap fee credits that may be available to it under the Code with respect to existing structures on the Project Property that are to be demolished. t* 3. Water Service to Pfister Property II. The City hereby agrees with Pfister to provide potable water service to the Pfister Property II under the tents of this Agreement to serve up z to a total of five (5) single family homes of up to 15,000 square feet each and five (5) employee units to be located at the West euttermlIX site, and two (2) single family homes of up to 15,000 em loyee units to be located at the square feet and two 2)p Tiehack (also known asthe"out parcel") site, with a total ECU'' limit of 57; provided, however, that the total volume of treated _ water provided to the Pfister Property I1 shall not exceed 12 acre-feet/year. Pfister may allocate the 57 ECUs among the 14 residential units as described above at his discretion. However, the parties agree that of said 57 ECUs, 8 are presently allocated to existing structures on the Tieikack parcel. If such existing structures are demolished, new structures built on the Tiehack parcelwill be assessed tap fees based on those fees in effect at 2 the time of construction, less the 1983 tap tee attributable to the original 8 ECUs. Should the new structures require or �. utilize more than 8 ECUs, the ECUs in excess of 8 will be deduct-� ed from the remaining 49 ECUs herein provided to Pfister.""• The provision of water service to the Pfister Property II is contingent upon Pfister having obtained all land use/development approvals from Pitkin County or such other governmental entity with jurisdiction over said property. 4. 1 imitation of Time to Provi4e Ser-Lice. The City's obligations to provide water service to the improvements located Yr. within the Project, the Project Property, the Company Property, and Pfister's Properties pursuant to the terms of this Agreement shall terminate if PEG I1 has not completed construction of the water transmission and distribution mains, internal distribution lines, and related facilities to serve the Project by December 31, 1997, unless completion of construction is delayed by force majeure as defined in paragraph 37 below, in which case the =` deadline shall be extended beyond December 31, 1997, by the same number of days as the force majeure delay that prevented comple- tion of construction. _. 4 .;-x:3:uKae.s•r-..�.Sin.�;fa•87.f.-:`4f,�±,yrA.T'.�wNi=.vas:<. .,�--.iA.. -. -.. ,._�a..,f -. '�,:geay.•'acY' .. i ' (• ors Aim CITY OF HNt� �� COMMUNITY UEUFr na�� ��;�•- X,. _M'y-1y.4�• t xs. _ + - ,�;N -vr, •' .�.s�tnErt.�.ttclM -- __��' ' 4363258 11/15/93 08:42 Rec $340.00 8Y+ 730 F6 601 Silvia Davis., Pitkin Cnty Clerk, Doc 4.00 .r u. CONSTRUCTION BY PEG II'i%<'.='-•' 5. aims, Lines and Facilities. PEG II and/or Pfister will design and construct the water transmission and distribution I .. mains, associated facilities and internal distribution lines for ;<y;».>.. the Project the Company Property, j p y and Pfister's Properties, 1n accordance with and subject to the City's design, material and 4:1. construction specifications and approval, and at PEG II's and/or Pfister's own expense; provided, however, that to the extent the , City desires any mains or facilities with capacities larger than b necessary to meet the needs of the Project or Pfister's Proper- ties, the City will be responsible for the incremental cost of such enlarged or additional mains or facilities. "Incremental costs" shall be defined as the difference between the total cost of a particular facility designed and constructed solely to meet`''_ the needs of the Project and/or Pfister and the total cost of such facility as enlarged at the City'e request. 6. Preconstruction Mibitq. The following exhibits concerning the Project have been prepared by PEG II and/or Pfister and have been reviewed and relied on by the City in entering into this Agreement.' Exhibit A. A description of the water mains and relat- ed facilities required for the Project; Exhibit B. A map (schematic) of the water mains and j I related facilities required for the Project;` Exhibit C. Schedule for completion of the Project '---_ water mains and associated.facilitics to be constructed pursuant to this Agreement as approved by the City; 'The partios acknowledge that PEG 11 and Pfister have not at the time of the execution of this Agreement prepared and submit- ted to City detailed design drawings for the Project water transmission and distribution mains, internal distribution lines, storage tanks and/or other related facilities. Additionally, meaningful cost estimates for the construction of the water } system have not yet been calculated. City retains the right and discretion to have submitted to it for review all design drawings and cost estimates for all water lines and facilities prior to the construction of the water system. Furthermore, and as ,. provided in paragraph 5 of this Agreement, all design, materials and construction specifications for all water lines and water system facilities must be approved by the City prior to construc- tion and/or installation. Wc.• - /+,.-•e's....�s 1SYh".ir:Xt�.�.}'-. :. "`., _ r- 6:.4•�''�:':�, <': z^�.!cS'ssii -tv- +;,.�./� {]\i t+? L • i �,a^ } +t- y f EMrE1.itD • Lrk; MAR 2 8- 7014 CITY Or ASPEN - COMMUNITY DEVELOPMENT •,•, •� L-R•.1 .. �[-►ti+1"�. �1.•�_ -e.- -. - ..-.« a. ... .. .. ... ._. jar tij•. nib-, { p'3f 42 B 11/ 15/ !-Z 06, 4�, Kee E i4i). Up 6K 730 PG EOZ Silva Davis, Pit_L:sn Cnty Clerk, Doc E.00 �. Exhibit D. Estimated gross water requirement (gpd) and r < „•. - water flow requirement for the Project for in -building 1 use at full development, and estimated potable water :'--:'• irrigation requirements, including number of acres (not including the golf course) to be irrigated with potable water; Exhibit E. Fireflow provisions, including location, size and description of fireflow storage to serve the i Project and the Project Property; ;•'`, Exhibit F. Any other circumstances affecting the cost or type of construction required for the water mains and associated facilities to be constructed pursuant to this Agreement; and Exhibit G. ECU computation assumptions. (These exhibits will not be recorded with the Agreement due to their length and bulk.) 7. Bond Reauiremepts. Prior to the commencement of p construction, PEG II and/or Pfister shall provide payment and performance )vends (or other financial assurances acceptable to t th— city) to the City in a form approved by the City in the fi ~I amount of one hundred percent (100%) of the water service system construction costs (less those incremental costs for enlarged or bonds additional facilities to be borne by the City) which shall•,i, . insure the completion of the construction and hold the City harmless for payment to the contractor or any subcontractors, materialmen, or others involved in the construction of the water ' +- transmission and distribution mains, lines and associated facili- ties, or for the provision of materials therefor. This require- ; ment way be satisfied by naming the City as an additional or co- i~'.,;•..:y: = insured with Pitkin County on such performance and payment bonds :* as furnished by PEG ii and or Pfister to Pitkin County as a condition of approval for the recordation of the final plat for - the Project. PEG II and/or Pfister shall also furnish to the City, in a form approved by the City, a maintenance bond equal to 1004 of the construction costs of the water transmission and distribution mains, lines and associated facilities, less those incremental costs for enlarged or additional facilities to be ' borne by the City, ensuring the proper condition and operation of such facilities for a period of two years from the date of completion and acceptance of the system by the City. 8. Construction. Upon completion of the prerequisites .;. described in paragraphs 6 and 7 above, PEG II shall proceed with; due diligence to construct the water transmission and distribu-, 6 i •.. r'c F rL �'{I.a .�:�i/fl:-aTiC-i •. ie i.e. ..—.. _ _. _.,. .. - .. �. Yle. { �j�` ; ft•,AK 2 8 2 14 r>Yt .. G Y Jt- ASPEN COMMUNITY OEVE40KNT ,. -4, 03632Sj8 11/15/93 08.42 Rec 4340.00 bK 7� PG 803 Silvia Davis, Pitkin Cnty Clerk. Doc f.OU r•. tion mains, lines and associated facilities in accordance with the plans and specifications and the construction schedule. 9. £eos. PEG 11 and/or Pfister shall be responsible to finely pay all fees imposed by the City in connection with reviewing and approving this Agreement, the design drawings and construction plans, as well as construction lnopeetion and review --. fees, which fees shall be charged to PEG lI on the same basis as they are charged to other parties similarly situated to PEG 1I. j PEG II and/or Pfister shall also be responsible for acquiring and . 4 paying for all permits and permit fees from entities other than the City, such as Pitkin County and/or other regulatory agencies, � necessary for construction of the water transmission and distri- bution mains, lines, and associated facilities. 10. Inepectien of Construction. Construction must be in- spected by the City's engineers or other designated personnel prior to burial or final installation. PE, II and/or Pfister shall give the City reasonable advance notice when the mains, lines and/or associated facilities are ready for burial or t 1 installation, and the City's engineer or agent shall inspect said i mains, lines and/or associated facilities within 24 hours of said notice. 11. Testing - Conveyance. Upon completion of construction and before any water is delivered pursuant to this Agreement, all j distribution and transmission mains and all associated water F`=' # l lines and facilities shall be tested and, upon approval by the City, conveyed (excluding individual service lines) with all necessary non-exclusive easements to the city, free and clear of _ all liens and encumbrances, excepting liens/encumbrances securing financing for the Project, by deed in a form acceptable to the City Attorney. Performance and payment bonds provided by PEG II. .1 and/or Pfister pursuant to paragraph 7 above shall be reduced for. that construction successfully completed and accepted by the City ! . In the same proportion to that fraction the numerator of which is the cost of the construction successfully completed and accepted , by the City which is not attributable to enlarged or additional facilities requested and paid for by the City, and the denomina- tur of which is 100% of the water service system construction r' j costs (less those incremental costs for enlarged or additional facilities to be borne by the City). The maintenance bond(s) f k required by paragraph 7 above must be in place reflecting actual construction costs prior to the city's acceptance of any line or facility. 12. Relocation of Lines and Mains. The City agrees that PEG II, the Company and/or Pfister shall be entitled to relocate the water mains and appurtenant facilities crossing the Project ,If ' ';�-t - • ., �^-:2:A-..�t--�:.-�,� � ;.� -.c ;t,c , (. _-, ... .. - — _ . .._� _ vim' ��`.' fi RED w. . MAR 2 ri CITY Up Her tN COMMUNITY DEVElOP41ENT " 43G >'lb'3 1 1 / 15/9'3 ! a)- 142 Rec i.340. 0q BF. 710 F'6 804 - Silvi.z Dave-., F'iU.in Cii•y ClOrk, DOC 1-00 V. Property, the Company Property, or Pfister's Properties, respec- tively, at their sole expense; provided that the City shall approve all relocations in ddvanco in writing in order to assure that the relocated water mains, lines and/or appurtenant facili- ties will operate properly as part of the City's water system; i and further provided that the design, materials and construction of such relocated facilities shall be approved by the City prior 3 '' to commencement of construction. City shall not unreasonably ' withhold said approvals. if any main lines, distribution lines or appurtenant facilities are relocated the City will convey i back to Pfister, the Company and/or PEG II the easements granted pursuant to this Agreement and Pfister and/or PEG II will convey ' to the city new non-exclusive as -built easements meeting the =+'' requirements set forth in paragraph 17 below for the relocated ii• water mains and appurtenant facilities, subject to the same terms. and conditions set forth in that paragraph.' 13. Easements. PEG I1, the Company and/or Pfister shall obtain at their own cost and convey in perpetuity to the City as- ' i built non-exclusive easements for water mains, lines, tanks and i' other water facilities situated upon or crossing the Project Property, the Company Property, or Pfister's Properties, along with all necessary access easements for maintenance and repair s purposes ("easements"). The water main and water line easements must be large enough to provide the City with at least 10 feet on either side of water mains and lines and must specify that (1) 7 sewer lines must be located at least ten feet from any water main or line, and (2) other utilities must be located at least five feet away from any water main or line. Access easements and easements for tanks and other facilities shall be of a size determined by the City to be reasonably necessary for the opera- _ tion, maintenance, and repair of the tank or other facility to be y located on such easement. Each party shall be solely responsible I for any injuries or damages, including costs and attorney's fees, to persons or property arising from its own negligent acts or om- issions occurring on or resulting from its use or occupation of any easement premises. Nothing contained herein, however, shall i mean or result in any waiver or diminishment of any defense or limitation available to City under the Colorado Governmental Immunity Act or other applicable law. The City shall reconvey to Pfister and/or PEG II all easements received by the City from Pfister and/or PEG II pursu- ant to the defunct water service agreement of July 9, 1990, as are no longer necessary to or utilized in the construction and installation of the water delivery system as described herein. i i �f H 3G325_" 1111 :3/y3 op; 4,2 Rec t.<40, 00 BK 730 PG 805 ilvia Uavis, �itki�� Cnty Clerk.. Uoc 3.�iv MAINTENANCE AND REPAIRS OF LINES 14, �gp�r of Water Lir:es. 'Pothe extent reasonably:j��d future maintenance and use of the easements r and describod in this Agreement by the City shall not interfere with any lawful use of pfister's Proper- ties, the Project, or the Project Property, The City acknow- ledges that PEG II plans to build a championship golf course on a portion of the Project and the Project Property and that land- scaping is an important element to the operation of the golf course. The City, therefore, shall use as best efforts to maintain and/or restore the original contours of any disturbed golf course areas within 30 days of any installation, construc- tion or repair of the water nains or a9sociated facilities. All repairs (other than emergency repairs) and maintenance of lines or facilities located on the golf course shall be limited to the fall or spring and, preferably, to times when the golf course is not open for uao, and shall be undertaken in a manner to mini- mize, to the extent reasonably possible, disruption of the golf course. WATER SERVICE 15. Use of Water. The potable water to be delivered by the City pursuant to the terms of this Agreemer.i may be used for all lawful purposes, including but not limited to in-house domestic uses, fire protection, swimming pools and the normal outside Irrigation of trees, lawns and gardens, not to exceed 5,000 square feet per residential unit. All water use will be consis- tent with the City' Water Pcy Resolution water conservationlution NO, 5 ordinances. (as amended) (Series of 1993)) and 16. )later Use. on Golf Course. Notwithstanding the provi- sions of paragraph 15 above, PEG II agrees that the golf course will be irrigated with raw water only, provided, however, that in th4 event delivery of raw water to the golf course must be suspended due to unanticipated and/or unavoidable damage to the raw water delivery system serving the golf course, PEG II may use potable water for golf course irrigation on a temporary short- term emergency basis so long as: (1) the City is able to meet all of its other water service commitments at the time potable water is needed for such irrigation; (2) the physical connection between the potable water system and the irrigation system is approved by the City) (3) the use of the potable water system to irrigate the golf course is only node at such time and in such manner as approved by the City water Department; (4) he service Is metered and paid for at the current and applicableg area rates; and (5) such potable water is used only for temporary emergency purposes in quantities no greater than needed to 9 7 MAN QN, CITY OF ASPEN COMMUNITY DEVELOPMENT ' 4 tc s<,s[�H 1 , / 1 /9'S 48; a2 kec £340, u0 BI: 730 P(i &OG viA D,+vis, Piti;in C,,ty (;:ark, Doc 4-oo properly irrigate the golf course. Because potable water as provided for in this paragraph will only be delivered and uti- lized in extraordinary and infrequent circumstances, PEG II shall be required to pay only a nominal tap fee (1 ECU) for the tap connecting the irrigation system to the water system in addition to all normal hookup charges. Additionally, any water delivered under this paragraph will not be debited against the ECU or acre feet maximums set forth in paragraph 2 above. 17. ECU Computation. The parties understand and agree that the 55o ECUs to be provided to the Project Property and the 57 ECUs to be provided to the Pfister Property II were determined on the basis of the assumptions contained in Exhibit G attached hereto and that regardless of any subsequent amendment to the Code, those assumptions will be applied to determine the ECUs allocated to a particular structure or use under this Agreement; provided that in no event shall the Project Property or the Pfister Property II be entitled to the delivery of more than 185 acre feet or 12 acre feet, respectively, of treated water per year. It is the intent of the parties hereto that the volume of water to be delivered to the Project Property and Pfister Proper- ty II under the terms of this Agreement not be reduced by future amendments to the Code redefining or recalculating ECUs. 18. Dedication of Water Rights - Cash -in Lieu. Pursuant to the City's Water Policies, all extraterritorial extensions of water service are to be accompanied by a dedication or transfer of water rights from the water user to the City comparable to the water services to be delivered. Alternatively, a cash payment in lieu of the required water right may be accepted by the City in its discretion. PEG II and/or Pfister own certain water rights apprrtenant to the Project and/or Pfister Properties. The parties hereto agree that such water rights should be retained by PEG II and Pfister and utilized for raw water irrigation of the golf course and other Project areas. Therefore, and in lieu of the dedication or transfer of said water rights to the City, PEG II and Pfister shall make a cash payment to the City in the sum of $27,000, such sum to be paid upon the execution of this Agreement. The parties agree and acknowledge that said cash payment is an adequate substitute for the water rights otherwise required to be transferred to the City for the potable water to be delivered by the City to the Project, the Company Property, and Pfister Properties under the terms of this Agreement. 19. Tao tree computation. All tap fees for potable water service herein provided shall be assessed utilizing the City's prevailing applicable tap fee at the time of application for a building permit for the structure for which service is sought. No water service shall be provided to any structure absent 10 4 r - t NOW ' \1 [i`h. ... ..3.::. 5... ,.- _. - .. ' Sv�.s.?�f`is.3ii±..�..1"lit�.x..,.ik�':aLyl4•\C?rtl�s�f l��'i.��. u'Sh:i% 6 l 1 / 1`i/i3 Qa:42 kec:54i�. Q�7 A1; 730 FG E07 Doc f.Wi Silvia Davis) F•itkin i:nLY f=erkl � payment of the appropriate tap fee and any applicable hookup char es. Tap fees and hookup charges shall be 9 P p g paid at the time � ••��:; of building permit ;ssuance. #.;µ: t }' 20. Service__Ll_rne Meters. each service line shall be me- tered in accordance with the Code at the sole expense of PEG II or Pfister or their successors, as the case may be. 21. Limitations on Provision of Water Service. This ' ` 1 Agreement is only for the supply of potable water service as•\ herein described and no expansion of uses, connections, or water 4""+t.` services beyond those set forth herein and in the addenda and �'•` exhibits hereto is in any way authorized by this Agreement. The City is not by this Agreement prejudging, certifying or guaran- teeing its ability to provide potable water service to any use or structure other than as provided herein, nor may this Agreement be used as evidence of approval of any land use requests, or as evidence of approval of water service for any land use request,i:• ;2 except as provided herein. 22. Service Subject to City Charter, Codes, RulesAeaula- t,lSzps and Policies. PEG II and Pfister shall be bound by, and all water service provided hereunder shall be subject to, all applicable provisions of the Charter of the City of Aspen and the Aspen Municipal Code. PEG II and Pfister shall also be bound by, F and all water service provided hereunder shall be subject to, all applicable rules, policies or regulations of the City now in i1 effect or as may be hereafter adopted, except that to the extent a t such rules, policies or regulations conflict with this Agreement, " the terms of this Agreement &hall govern. 21. Responsibility for Paymeent"of Water Rates. In no event shall PEC II or Pfister be responsible for the payment of water rates for the deliver of water to y property other than that � 4 property which they lease or to which they have title at the time i of water delivery. I 24. Rules Regulatina water Use. PEG II and Pfister agree to adopt all provisions set forth herein as the rules and regula- tions governing the use of water on the Project, the Project Property and Pfister's Properties and agree that this Ayreement ' shall be recorded as covenants running with the land and shall be 1 i as fully enforceable on the Project Property and Pfister's Properties as if the same were situated inside the City. PEG II and Pfister also agree to assist the City in every manner reason- ably possible to enforce City rules and regulations made to S. ' protect purity, safety and supply of the water delivered pursuant f+°' to this Agreement, including curtailment during times of short- ,t " age, elimination of any potential cross -connections, and the Y\y_. •� :`i`_ a ._ -'yr ...::\•. i s-: .1 �.Y f 'y:.�. ice'._ .. ... . _-•�.-..-.._.-. ... ._ { \ r ,66 ' Nli 1 1 i 1:;/[7"3 i tt: 42 RL-C i34i+. 00 EK. 730 F'G 908 4.U�) Ii3G32�g F�t6.;n C+iiY r1erk• Unc Silvis Uavte, i a'•- . utilization of water conservation devices as set forth in the ;y,�,.;•y Code. PEG 11 and Pfister also agree to prohibit all unnecessary or unreasonable waste of water on the property served pursuant to this Agreement and to make reasonable efforts to enforce such prohibition. The unreasonable or unnecessary waste of water 1°',,::.:>�' shall be defined as set forth in the Code. 25. Sour Water SUPPI . The parties to this Agreement -go recognize that the water supply for the City is dependent upon the is variable in quantity and/or :^c, '�`•• supply sources from which PP Y quality and beyond the reasonable control of the City. No liability shall a:taeh to the City hereunder on account of any failure to accurately anticipate availability of water supply or because of an actual failure of water supply due to inadequate run-off, poor quality, or occurrence beyond the reasonable control of the City.; - 26. Ho GUHran!y of Watcr_OualitY, ou na tity or Pressure. or The City wakes no promise or guarantee of pressure, quantity quality of water supply for any purpose, including fire suppres- is required by ' sion, except as specifically provided herein or as 's applicable federal, state and local statutes and regulations. The City agrees to treat its water to meet all mandatory local, state, and federal potable water standards and to exercise equal r reasonable care and foresight in furnishing water hereunder in quality to that water furnished inside the City. if- 4 27. Property Riahts in Water. All water furnished under I this Agreement is on a contractual basis for use on the Project Froperty or Pfister's Properties as described herein and all property rights to the water to be furnished, hereunder are ruserved to the City. Such water service does not include any 1 ri ht to make a succession of use of such water and upon comple- 9 tion of the primary use on the Project Property and/or Pfister's Properties, all dominion over the water so leased reverts com- pletely to the City. Subject to the prohibition against waste and any other limitations on water use imposel herein, PEG II and Pfister nave no obligation under this Agreement to create any particular volume of return flow from the water delivered hereun- der. PEG II and Pfister agree to cooperate with the City in reporting return flows to the extent such measuring measuring and and reporting is required by the Colorado state Engineer or his agents. vioLATIONS 2B. gDforcement by_-Cit, . Tho parties to this Agreement = recognize and agree that the City has the right to enforce its and the terms of this rules, policies, regulations, ordinances, 12 1 ' MAK _.,.. CITY OF ASPt(y :•a COMli�UNITY OEVEL^, 99 N3632 3 11/15/93 08:42 Rey $340.01) 6K 730 FG 809 Silvia Davis, Pitkin Cnty Clark, Doc l.0'> Agreement by the disconnection of the supply of water provided hereunder. Additionally, in the event that PEG II, or Pfister, or any user who has purchased or leased a portion of the Project, the Project Property, or the Pfister Properties, violate the rules, policies, regulations or ordinances of the City, the City shall have all remedies available to it at law or equity, or as provided in the Municipal Code of the City of Aspen, should any person or entity violate the terms of this Agreement (other than by non-payment of water service charges), the City, except in cases of emergency as determined by the city, shall give prior written notice to the violating party specifying the grounds upon which the City believes a default or violation has occurred. The violating party shall then have 30 days from the receipt of said i written notice to cure the default or violation (except in cases of emergency); or in the alternative, if the default or violation { by its nature cannot be cured within said 30 days, the violator shall initiate action to cure said default or violation within said 30 days and shall act with due diligence to complete the P cure of said default or violation within a reasonable period of 3 time thereafter. In all events the City shall be free from any liability arising out of the exercise of its rights under this paragraph. Notwithstanding the above, in no event shall a t violation by any user who has purchased or leased a portion of the Project and/or the Project Property or Pfister's Properties, ;.1 as the case may be, provide a basis for the termination of this Agreement as the same relates to any other non -violating party or its property, rlor shall said violation provide any basis for y -S turning off or disconnecting the supply of water to any non - violating party or its property. TERMINATION f 29. Terms nation by Agreement. Except as provided to the contrary herein, this Agreement shall only be terminated in writing by mutual agreement and the term.of this Agreement shall .;i ! continue until such termination. + 30. Termination if Illegal. The parties agree, intend and { understand that the obligations imposed by this Agreement are only such as are consistent with state and federal law and the i Aspen Municipal Code. The parties further agree that if any provision of this Agreement becomes in its performance inconsis- tent with the Code or state or federal law, or is declared ! invalid, the parties shall in good faith negotiate to modify the Agreement so as to make it consistent with the Code or state or federal law, and if, after a reasonable amount of time, their negotiations are unsuccessful, this Agreement shall terminate. 13 MAR 2 8 2014 CITY OF ASPEN COMMUNITY DEVELOP*NT I , i�:� •♦ei.' J�1-t`.`I-ia.f�i�: P'i L.?. . � f . _� c4•...9�-: ....,� ., .... ... )jli i p3G323is 1 l / 15/933 t)6: 42 Ric 2,i40. Ali, bK 730 FG ®j® { Silvia Davts, Pilk:in Cnty Clerb;, Dec $ 00 WATER SERVICE TO ASPEN SKIING COMPANY FACILITY 31. Water Service to gestroom Facility. The parties ac- knowledge that the Aspen Skiing Company ("Company") wishes to 1_t_ have potable water service provided to a ticket office/restroom facility located at the base of the Buttermilk/Tiehack ski area that suc on Lot 49 of the Project Property and such service can be ! .!"' provided through the water transmission and distribution mains to i be constructed pursuant to this Agreement. The City hereby" agrees to provide potable water service under the terms of this;! ticket office/restroom facility for up to paragraph to serve said f two (2) ECUs, which ECUs shall not be charged against the ECUs allocated to PEG II under paragraph 2, or to Pfister under paragraph 3 of this Agreement. ECUs shall be assigned to the facility as provided by the Code.= t;... 32. Agreement by As Skiing :Comganv- In consideration of the water service provided in paragraph 31 above, and by its signature on this Agreement, the Company, for itself, its eucces- } sors and assigns, agrees as follows: r a. No potable water service shall be provided pursu- ant to paragraph 31 and this paragraph 32 unless and until the. .;;.-. water service facilities to be constructed by PEG II and/or ss Pfister on the Project Property pursuant to this Agreement have been fully constructed and accepted by the City as provided in f 1 this Agreement; Ab. Potable water provided pursuant to paragraph 31 will be used only for indoor purposes at the ticket office/rest- room facility and for no other. purpose; ~` C. The Company is bound by and shall comply with the provisions of paragraphs 19-22, 25, 2b, 29, 30, 34-38, di, and t, 43-45 of this Agreement as fully and completely as if it were identified along with Pfister and/or PEG II in said paragraphs as a party bound thereby and subject thereto; d. The Company is and shall be responsible for the payment of all tap fees, hookup charges, and water rates for the delivery of City water to the facility situated on Lot 45; - f 'This structure shall be considered a "retail" and not a ,commercial recreational" facility under Section 23-44(a) of the Code so long as it remains strictly a ticket office/restroom. }' 14 L ey f j F T JibA 4363258 11/15/F3 96;42 Per 4344,00 HK 730 Pll 811 Silvia Davi-., P'itkin Uler-k, Doc t e. The provisions of paragraphs 31 and 32, upon recording with the Pitkin county Recorder, shall be covenants running with Lot 49 and shall be as fully enforceable on said property as if said property were situated inside the City; f. The Company shall assist the City in every manner reasonably possible to enforce City ordinances, rules and regula- tions made to protect purity, safety and supply of the water delivered pursuant to paragraphs 32 and 32, including curtailment of water during times of shortage, elimination of any potential cross -connections, the utilization of water conservation devices, and prohibition of all unreasonable or unnecessary waste of Water (as defined in the Code) on the property served pursuant to paragraphs 31 and 32; g. The Company agrees that all water furnished to it under paragraphs 31 and 32 is on a contractual basis only for use at the ticket office/restroom facility on Lot 49, that all property rights to the water so furnished are reserved to the j City, that suoh water service does not include any right to make l a succession of uses of such water, and, upon completion of the primary use at the ticket office/restroom facility, all dominion over the water so furnished reverts completely to the City; ( h. Subject to the prohibition against waste and any other limitations on water use imposed herein, the Company has no obligation under thin paragraph to create any particular volume of return flow from the water delivered hereunder, provided, j however, that the Company shall cooperate with the City in measuring and reporting return flows to the extent such measuring and reporting are required by the Colorado State Engineer or his agents; 1 i. The Company acknowledges that the City has the right to enforce its rules, policies, regulations, ordinances, and the provisions of paragraphs 31 and 32 by disconnection of the supply of water provided to Company hereunder, and that if the Company violates any such rules, policies, regulations, or ordinances, the City shall have all remedies available to it at law or equity or as provided in the Municipal Code of the City of Aspen, provided, however, that, no violation by any water user who owns or leases any or all of the Project Property or the Pfister Properties shall provide a basis for the termination of water service to the Company as provided for in paragraphs 31 and f 32; J. The Company,upon the request of the City, and at the City's sole discretion, shall petition for and/or consent to annexation of Lot 49 to the City of Aspen at such time as deter- 15 , l 1 MAR l 8 2014 OEMY OF ASREN UNITY DEVELOPMENT ft q.it 3258 1 ! I) ;i `+3 O is hi hec t.34p, qil B): 730 FC 812 , Davia. PIt;In cn?y Cler-);, Doc '�h".' mined necessary by the City, and agrees that failure to commence and complete annexation proceedings as herein required shall authoriLe the City to commence and/or complete such annexation on the Company's behalf, with all costs and fees associated there- j with to be borne by the Conpany. Such annexation shall not divest or diminish land use approvals or development rights awarded by Pitkin County for Lot 49 as legally vested prior to y the annexation of Lot 49 to the City. k. Paragraphs 31 and 32 of this Agreement shall be y binding upon, and inure to the benefit of, the Company, its =_`►� successors and assigns, and may not be amended or assigned with- out the written consent of the City, which consent shall not be '•t . unreasonably withheld. Notwithstanding the foregoing provision, the Company may collaterally assign its rights and interest under .1't this Agreement, in whole but not in part, to any lenders as partj;r,... of a secured financing or refinancing by the Company. After rf `y . . 4 delivery of notice to the City of any such collateral assignment,t;: such lenders and their assigns shall have a right to written 1 notice of default and the right, but not the obligation, to have s a reasonable opportunity to cure any default of the Company. If any such lenders or their assigns shall succeed to the Company's interests under this Agreement, such lenders or their assigns shall assume the burdens and obligations of the Company as of the date such lenders or assigns acquire title to any property s� i covered under this Agreement. GENERAL PROVISIONS =' 33. Iffinexation• Upon the request of the City, and at its sole discretion, PEG II and/or Pfister, or their successors in .1 ". interest, shall petition for and/or consent to the annexation of the Project and Project Property and/or the Pfister Properties, ai' respectively, or those portions thereof as deemed appropriate by ` the City, to the City of Aspen at such time(s) as determined necessary by the City. Such annexation(s) shall not divest or , diminish the land use approvals or development rights awarded by,.>f; Pitkin County for the Project or Project Property, or the Pfister Properties, as legally vested on behalf of PEG II or Pfister, or their successors, prior to the annexation of the subject property } to the City, Land use approvals or development rights not vested I in accordance to law prior to the annexation shall be subject to the terms, conditions and regulations of the Aspen Municipal Code upon annexation. The failure of PEG II or Pfister or their successors in interest to commence and complete annexation proceedings for their respective properties as herein required shall constitute a material breach of this Agreement authorizing the City to terminate same as it relates to the defaulting party. Alternatively, a failure of PEG II, Pfister, or their successors i 16 C". .. .y S'. !n F :j q.3b32. fi 1 1 / 1519J QE3% 42 Rec f340.00 PK 730 PG 013 Silvia Davis, Fitki,j Casty Clerk, Doc a.00 in interest to commence and complete annexation for their respec- tive propertied as heroin required shall authorize the City to commence and/or complete such annexation on their behalf, in which event the City shall charge, and PEG II, Pfister and/or their successor& shall pay, all costs and fees associated With such annexation of their respective properties. 14. N Pub tau@. The parties agree that by this Agreement the City does not become a public utility com- pelled to serve other parties similarly situated. Pfister and PEG II agree that neither they nor their successors or assignees shall at any time petition the Colorado Public Utilities Commiss- ion to acquire jurisdiction over any water rate set by the City. The parties agree that in the event the City is held to be a public utility by virtue of the Agreement, the Agreement shall terminate and be of no further force or effect. 35. NQ waiver. Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of any ouch right and stiali not affect the right of such party to exercise at some future time said right or any other right it may have hereunder. 36. Nsticas. All notices hereunder shall ba given in writing by mail at the following appropriate address of the party, postage prepaid: �ity_szC�&sn c/o city Manager 13u South Galena Street Aspen, Colorado 81611 CC. City Attorney 130 South Galena Street Aspen, Colorado 81611 PEG 11 Pearce Equities Group II Limited Liability Company C/o Andrew V. Hecht, Esq. Garfield i Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 Kirk B. Holleynan, Esq. 730 17th Street, Suite 730 Denver, Colorado 80202 17 MAR 2 8 7014 CITY OF ASPEN'. AI (Y DEVELOPMENT #363256 11/15/93 08142 Rec $J40.00 BK 730 PG 814 Silvia Davis, Pitkin Cnty Clerkq Doc 0,00 Arthur O. Pfister P.O. Box EE Aspen, Colorado 81612 cos Kirk B. Holleyman, Esq. Andrew V. Hecht, Esq. 730 17th Street, Suits 730 Garfield & Hecht, P.C. Denver, Colorado 80202 601 East Hyman.Avenue Aspen, Colorado sl611 SER Residence Trust Andrew V. Hecht, Esq., Trustee Garfield 4 Hecht, P.C. 601 East Hymen Avenue Aspen, Colorado 81611 COP Residence Trust Andrew V. Hecht, Esq., Trust" Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 The Company The Aspen skiing Company o/o General Manager P.O. Box 1240 Aspen* Colorado 01612 cc: Arthur 5. Ferguson, Jr.," Saq Holland A Hart 600 Met Main Street - Aspen, Colorado 01611: 37. Force Maisurs. No party shall be held liabis for a failure to perform hereunder dus:to.wars, strikesi auto of God, natural disasters, drought or other -similar occurrences outside Of the control of the party. 30. Save ability If any provision of this Agreement shall n!!fjj'�. 5� be or becomed r unenforceable, the remainder of the .XX : provisions shall not be affected thereby and each and every MYary provision shall be enforceable to the fullest extent permitted by law. is (:6342 k0t. $340.00 Dif. -?ZSO FG 015 Q0 .;j IV, a Fi I: in Cnty (;I er V 39. bMgLqdments;. Assignments. Neither this Agreement, nor the right to receive water service hereunder, may be amended or assigned without the written consent of the parties hereto. Consent to amendments shall not be unreasonably withheld so long as any proposed amendment does not substantially increase the level of water service (total acre feet) or ECU limit as provided for in the Agreement. i,he City must approve in writing any assignment of part ar all of the rights of Pfister or PEG II W hereunder, and shall have the right to fully investigate any assignee, and may decline to approve any assignment in its reasonable discretion. Any transfer of ownership or control of PEG il which results in majority control or ownership passing to anyone other than James T. Pearce, Jr. (member of PEG II), or an entity not wholly owned and controlled by James T. Pearce, Jr., shall be deemed an assignment subject to this paragraph. PEG 11 or Pfister may collaterally assign its rights and interest under this Agreement, in whole but not in part, to any lenders as part of a secured financing or refinancing by PEG 11 or Pfister, respectively. After delivery of notice to the city of any such collateral assignment, such lenders and their assigns shall have a right to written notice of default and the right, but not the obligation, to have a reasonable opportunity to cure any default by PEG II or Pfister, as the case may be. If any such lenders or their assigns shall succoad to PEG II or Pfister's interest under this Agreement, such lenders or their assigns shall assume the burdens and obligations; of PEG 11 or Pfister, as the case may be, as of the date such lenders or assigns acquire title to any property covered under this Agreement. Any consent to a previous assignment or amendment shall not be deemed as a consent to any subsequent assignment or amendment. Furthermore, any attempted assignment by Pfister or PEG 11, or any assignee or successor of either, in violation of this paragraph shall render the Agreement void. 40, Total Agreement. Except as otherwise provided for herein, this Agreement, Including its addenda and exhibits, Yp supersedes and controls all prior written and oral agreements and representations of the parties and is the total integrated agreement among the parties governing the matters as provided for herein. 41. Ii3terpKotqtJon. Neither the titles to this Agreement nor the recitals appearing prior to paragraph I of this Agreement shall be used to alter the meaning of this Agreement and in the event of a conflict, the terms and conditions of the numbered paragraphs shall govern. 42. Binding Agreement - Recordijlg. This Agreement Is binding upon the parties hereto, their successors and assigns, 19 1. EIVED 8 ?n14 C.1 I "PE ASPEN t -VELOPMENT ! r! JK�1: lFi it...�t. k'rX:S:•�a � .. - .. ' t :C.! -� .,..ia.'I'_+. .Fr4ti+:�Y'�r., bY(i.r,.�z, ,.:-r:f ivsN a•�"LPl(Y�f 4363258 t1/15/93 08:42 Rec $340.44 PK 730 PS Bib Silvia Davis, Pitlin Cnty Clerk, Doc 11-00 and any sale of the Project and the Project Property or Pfister Properties shall be subject to this Agreement as provided herein. This Agreement (absent the exhibits)' shall be promptly recorded at PEG ills cost by the City and shall constitute a covenant running with tho Project, the Project Property, and the Pfister Properties as described in Addenda "A", "B" and "C", respec- tively, for both the burdens and benefits of each. 41. Applicable I" - Venue -Attorneys Fees. This Agree- ment and the rights and obligations of the parties hereto shall be interpreted and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under the Agreement shall be in Pitkin County. In the event of litigation, the court shall award the prevailing party reasonable attorneys' fees, expert witness fees, and costs incurred by such party in any action enforcing the terms of this Agreement. 44. Authorized signatures. By signing this Agreement the parties acknowledge and represent to one another that all proce- dures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 45. gou1ternart9. This Agreement may be signed using counterpart signature pages, with the sane force and effect as if all parties signed on the same signaturo page. IN WITNESS WIIEREOF, the parties hereto set their hands on the day and year above first written. THE CITY OF ASPEN, COLORADO A Municipal Corporation JohW S. Bennett, Mayor ATTEST': Kathryn Koch, City Clerk 'The exhibits to the Agreement being lengthy, illustrative and technical in nature, the parties agree that they not be recorded along with the Agreement. 20 Ufa M�akt 'L 8 2014 C11•Y Or ASP N� lrarN DEVELOP . 836325E 11/15/93-08;42 hec $340.00 BY._730 FG 817 Silvia 0i'v1s, Pi.tkin Cnty Clerk, Doc $.00 • APPROVED AS TO FORM: <' ` Edward M. Caswall, Esq. City Attorney PEARCE EQUITIES GROUP II LIMITED LIABILITY:COMPANY� A Utah Limited Liability.Coa- . pang . 14 8; F� ne9,-T. Pearce, r. President 4ACMffeIZ APPROVED AS TO FORM: r- Kir - layman, Esc. Hawley& VanderWerf, P.C. ARTHUR O. PFISTER AND / ELIZABETH if. PF2STER rthur 0. _Pfi f Eli- H.-Pfister eth APPROVED AS TO -FORM -- Andrew, Hecht,:Esq. Gatfield:&_.Hecht, F.C. . 21 { S M r 2 8 2014 Ct=OFSPfN :� #362258 LI/15/93 QS . .42 ROC $340.60 13*r,730 PSI 8 Silvia'00 Davi Pitkitl Cnty Clerk.,. RESIDENCE TRUST -A Colorado -Trust By:, Andrew-V.,Hscht, Trustee CDP RESIDENCE TRUST A Colorado Trust byi AndraW Hecht, Trustee. Aspial SKIING COMPANV,.a Colorado -general partnership Byt NKDG4-iii/mKDG IV PARTNERSHIP, a;Colorado_qsneral partnership, General Partner By: NXDG III ASPEN, INC.I.a Delaware c0rporation,_General Partner By, Pt-s -I_ AP ROVED AS W-FORM, Arthur B. Fergxoop, Jr.,( Esq. Holland Hart 22 _Wa�( 4 11C, t- E . :���•.�^1.mi�a�`,%jiiitE.._...5-.�ia�...- i - J_i:. : s ,.8 �:'.,v�.;,.. �iY� � ,`� (J •'Z-'� �J µ p363256 11ISS/93 08142 Fec $340.00 Bk �0 PLi` 819 j Silvia Davis, fitkin Gnty Gler•k, 06C S•�)0 ij ,h 1f 't. ;�. ~ _ d..�, .... yt.-. - w .. ,.,p. c-.�....- 1.tiji73vlf�n+%Nw'�`:.x•U`�Cfi�tlt *� •. Addendum A 0347219 07/30/92 12120 Rec 9.00 NK MK P9 M 6 j` Silvia Davie, Pitkin Cnty C16rit, Doc 4.00 .. .r` Legal Description i1363238 !i/15/93 08i42 Rea $340.00 BK 730 PG 620 3L1via"Davis, Pitkin Gnty C1erk,,00c 3t�P!]JLCCL pL9C1tUSI0N � E• - A PARCEL Or LA10) iISVA76D.IL1 19=2OKS 2. 10, 11 AM 14) TOx1tS1iI! 10 1pVTt� . PANQL 43 wx3? Of SLOE 6TR P. 'H.. lISK1Y COLORADO. itIitA NDRi IVLLY OiaCAi1C0 Aa rOLLOa/t - P:.: 1 Dt0Atl1IMA AS,71{i"tOVSa4}t!S•C092�f.A Or SUD f1C?IOM 21) SYtNCt M 00']]'41• M 2613.41 TW ALAYa 110 Miff LIDS 0► atilD "C210M 11 SO ' T= VM92 1/4 COMMA Or S►m 8902209 11) 11019 M SMZEIC= A 00'32'10` M 1672.46 ►tit AL06)0 T'R1 IM" 1.DTi OT SAID 3 4 ti41Ct 1 6/'91'10• M 6.03 r"To 1)EixCC x"21'41�OY t.01.69 A tltaMCL 11 47'00'40• V 49.01 riz!) ' Tin=:M 17*93,01■ M 11.01 YSM rA== M 44'12111• t 73./1 r=) ?Ma)KA M 21'S!•S4• K 124.00 mist INXM r 34!14!02• M 41.46 rr. 8 ML=Cs 3 33'04',11• M 2.32 ra=S) �i >• 40'OS'N• a 413.11 1ssT, . IXM%%,N 41.37113. 0 641.81 1=21 t 240.40 I= TO A Yii B*VtXVZVRX=.-0L`10is L Sxn= M 37'02'00• 07< COL MOO !SASE A14bA! no, all r-MAY %XN 1261.16 FM MAM ?fL 04 Of A CallVi "MKS rOL7.O M am AZUT. TO ffi 1srT ZAYZN A Rows at 0754.04 1tti, za Ca0a0 at 6dlti can MAP, "I !1'31+17• s 3111.51 !'iS'1J Tax= rOLwww S= ;U?-Or.4w M 32.04'00! ! 30.00 ltiS, QB " 1A701Ct r06LOMn66 1AID AIaiT.Or-w 211.11 no AL= w Oi A CnVi TO at LW UV= Y 1ADID1 Or $700.00, rani, Tie 4 cam of MCI Can "An / 55121100* i 211.14 t6xiJ TRA,CL TOLLOMn4a 1ASa f30Yi-OP-xAY a 10'11�00• i ail.!{ - TSiTJ Imp= a la'0!'00• M 174.19 rtil, vivo i M 60143100• V 311.01 rit71 tMCi 1 20,17100• R 12.31 Pita) 1i a 40'43'00• a 40.37 TilTJ lam a 21.17'00• K 49.40 rmi TMOM S *I9135100• a 304.34 YWO S !OUTS N32.10 rat). 70ma M 67.09,00• L 23i.if RiiJ SaLM6t S 00*071190 t 214.61 IM) S10" II 41'31.44• M 197.34 VzOt Stiilf2 S-01'17'24' R 310.64 Rua ' i w � - - i• a fy - .,'� MAR 2 Cj ry of A6P N to, - k4uNn DEVELOPMENT p463'l�U 11i1`a/93 M42 Rec_s340.04) bK 730 PG 921 AA page SiIv-1a Davi,4, Pitkin Cnty Clefk. DocCOO Y3e7219=07130192 12120-ROC 9.00 8K W n M4 ailvi. Davis, Pitkln Cnty Cifmlk,'Dot i.00 INN= 8'02'14004• 1 alO.l1 YMI iN11106 l ii'ii'20• a 310.1! >i3it+ rmai s.14'001tP. V t39.21 171t7, 7Rr,N(,'!; g 02'1i'09. 3427.06..YUN T=tb:.A 33.01,140 x 201.07 n371: iMHl Z.a 00.14'31• 9 291,1311t7 ICA POM 9w iOa007aun or SAM 90=00 TND1Ca M 40'44120• M 264.43 rM ANO _tM-SO(fla 11liai-71Ti1Ca a 01 ei-.po- s 1321 99 lul, 78ft= 11.09' 44' SP M 1297.76 Ml; TXSU= M 07'018i4" M 1321.33 TM 70.7319 NOW 'Oi /00110WA :0112 #NX" 191.403' ACME YAM Oa LUST i71C2>tSI1tO.T110" 710E ARM Dast>< = li11= 7W.,raw"m Dts1a1 m ?IIOWAS Suitt' Or "m sI70"m a1 tL0 IM 10 Alp 11 0r ,i11ta TOWN". ,i1m aAaaar _'tZ13ia IIm rml, P.Mc m At roxam I. t7D11110E AS a sD2U! 0":7at 1eCt7 LSYi 0z1a4� tt'�C'O li 1�:fu NM /4 C. Q. AM taC = 11 UM t 06-32'10• a 1673.4s mml• .11 27'47r03" a 90.09lwr: _ �a 47'00140• x 41-01.rMll 1<lTOS'07• f 01.02 1'i>:7t! _ . 12iMCa-11 44'31r31• a 7S.t! tatf � rYUM 9 34-14143. 11:47.01 TWIll 7JacKeD.i1.13.O4�iP K 3.0 IM). s 70701C1 i, 46•01431 a-93e,04-rintf s ce r37-43000* s 720.it rMf srnlcs;t,4�•uroe• it 3e�.1i•i„ssl a :ap�Cfvl4s'i4�00'.x 410.43 nor slm+CSttae•s3roC• i1•n.00 rlrss�. ; 7at11Ca 6 9i?pa'0P x 343.43 tam; ' umt a 41'96r101. if 17,91 rri7 r0 7u •ow of atOmx =# COa7s+19�10 1.1s0 ACAU,-WSS OA =ASI s, a 371W or LAID tltgltep. 31l e>u = 31 Cr "M "W40419 AM 11r= s>allo 1 11a71s; rvl.LY DaSCU M! AM r01UOS , Saone= A2 7► Pe=T tsilla -=as ww li OSs: =am or Um stawn 11 j Sam's 24,50,22, "-3014.30 Mll 7se11C11 3 77'379et• 3 110.00 IM? i .sa11e:1r.1a�3a�ce�.rleo:bo razl -. l 97ID1es t 77�377st• s.331,00 rxni- r '` 7ass1C3:i �e's7�S0� a 107.t3 raa!! . -'.. ?n1FQu-wt 130.00 Iml Ii-�`:k�+1• •�tf� 4:•r Vie. _. _ .. — _ _ .. __ -_ —�4I.. 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A3,0016 Txs ARC Or a mut 20 TJM Um ravzw A MOM OF (3.00 MT. as CY410 Or 101TCX V-A a M 41'10'37' N 17.90.nnl TKOU 44.05 TIMT aLOAG ?99 AtC Or A MON-TANG" CVRVO 10 ?at NIGHT RRVIIOO A RADIV3 Or 110.00 MKT. M Ct001D Or MIt2CA ILMU M 05'301014 1 44.14 Full 71tpM� x 1J'44'03` t 44.21 rttY! TK1= 140.36, rtaT A10cm Slit ARa or A CVAVC To rite LRr? MVZ" a wzw Or 243.00 VLZT, ?A7 Ca01¢r or Mt2Q UAR1 N 42'40'13' ■ 131.30 full T70I11C= !r 19'04'31• N 102,13 TWI THECI 34.33 TRZI ALONG TUC AM Or A CUM TO TO ISM? RAVINO A RADIUM OP 240.00 3rt37, 7M CUM Or MUCA UAM 11 12'33123' N 14.22 rU,:i THrA= N 01*04114• M 114.31 FUT; #� TJWM i 14'41101• L 241.71 rM TO To POW Or At0IA001 C002AIMM 2.197 ACP M, MOLB 09 MAR CITY OF COMMUNITY D •VELt ',' FNT a3632gt3 11/LS/g3 Addendum A page 4 Silvia Davis, FitU8s42 hec t340.e0 bt, 730 P6 923 kin Cnty Clark, Dor. 3•ni;� M.,oviy'L 12•-n Roc s.40 bK 4►04 PA 9 Si1Via�Dovtt, Pit:klY. my C1ork, Dac M,00 f' . � MORTM_�tUGLL OTICR�ITION . i A fARCRL Di LAW SITU"= 1N UMMA 2. 3 An 11, TOIN/L2T 30 i00;N, pANGt 16 WST OF TNt 42M I.N., 222K1N COiARY' COLORADO, "ZWO MORE ;F=y L 09SCRIt1LD M FOLLOWS1 DEGMINO AT A 903Nt CN 7At NOAnLU?XuY AIWII-OF-41&T I'm OF C 4RADO - iTAis RCtttWAY YO, 41 MUDIM TAL M COPMR C0M W 20 3AID SSCSSONI.2 Mo a; 3 BILKS R WWII' t 177.17 fttT? d; Tug= 031ff.RALLY ALONG rz= L1NRS iwn a ITAOJ; Rao,2LL MOLLONUM COt1 U AND DISTANCiit i 90112100. 1 30/.40 FUTt t 8 44'30'00' S 37.44 7U2, N 42'11'14" E• 2.37 FLM7 i 94'30000• C 222.51 rLLt; S iz'00'00• i 10.17 rMl S 5/101100■ 9 94.91 rat, i 33'44'00' L 75.14 Hilt 1 64*10,00• S 76.20 Y=2? j 3 73'03100' C e0.39'7RS, ' i 71*441001 ■ 203.34 FCLTt S 76'414- 9 14.37 FS921 S 4#114,00■ S 31.31 FktY, ti L 35'149001 C 131.67 MT) S 44.35/00■ t 13.17 fSLT) 1 10'24100. 1 24.11 "a, S 17'13'01■.1 47.61 fwj ! 17'll'31• i 142.50 IMF T i 17 31'14' L 10e.61 rm, i i 19'01'0T E 109.74 n"I ! l4 IS'!21011 1 119.11 LEST, M 47'31140. 1 130.14 fUll It 8e'01'31' 1 144.94 fast N IM'11'01•-T 1.14.14 f13321 R 40,00,17■ S 221.21 MIST? �TKEWO DS9ART21t0 UZ rVACUM S 41'191011 W 792.37 M?) i TRZN= 134'-21142• L 725.00 1L1'tl THXWO S 00,56,041.0 147.41 fiM TO A 90D12 Of T M Sql IMY RSOET-OM- 1 MRY zM DF SAID COLOSSADO 32ATI 1310t1ft1Y.no. 12 AW CMDAMOO A14OG nAID R1"l-Of-MAY TXX IOU4WI G CQMXS AMD132AKU i M iD'te'00" W 744.91 SSSTt 2941.94 MT Mee TM ARC OF A CVKV9 2'0 TSE RIONT IlAM4 A RADIUI Or 4 54i0.00 F9i7? y N 34.0e100" W 124.40 1btit I} 193.11 fttT AlONO Tn An or A C7AVt 9O SKC R201i7 LAVW A MDi01 OT 1242.00 Ft2T TO 2Yt 90TNT OF U41RMA10, C MTA73fS1i01 13.793 ACM. MORE Mt LUS. jIY { �0 r ?' .\. ��!`�'3:A:.�t:: aidAia.,.- •.i.a.. ,-..-r., ...., �. .. .. - _. '..;• ..: �..., .LtAP+' `a:..�.^"e'.�:a: �4�Mlaena��•X I 1 1►ddendum B 11363258 11/15/93 08:42 Rec $340.00 8K 730 PG 924 -': Silvia Davis, Pitkin Cnty Clerk, Doc S.00 4 u PARCEL J 1+ A Parcel of Land situated in the West Half of Section 11 and The NW1/4 NW1/4 of Section 14, Townehip 10 South. Range e5 best of the *: ,'i•. Sixth Principal Meridian; Pltkin County, Colorado. Bring more fully described as follows: - - �,• BEGINNING at the Southwesterly Corner of said Section 11, Thence North 00'33'31' Wlest 2683.78"feet along the Westerly 6ectio-n line of Thence said. North section 11; 00133'24` Wrst 1671.28 feet along said Westerly Section lines Thence dop-arting said Westerly. line East 1072.44 feet; Thence §outis 89°37'27' East 143.'84 feet: �f Thence North 15944'41' E1tst 44.84 feet; Thence North 00'41'18'. West 906.56 feet: r=,_ a Thence South 56029'33' East 72.54.feet; ; ` Thence South 00'41'18' East 674.45 feet: t Thence South 151144'41' West 7.02 feet: z' Thence South 00°41'18' Eadt 80.98 feet: Thence South e9'37127' East 1030.15 feet: Thence North 00'41'18' West 76.02 feet; Thence south 89°37'27" East 106.21 feet: Thence South 1403.11 feet. Thence North 87*00100' East :56.69 feet: Thence South 00°07'SS' East 288.61 feet:'` Thence North 89'32'44' Nest 297.34 feet; c� Thence South 08'17'26' West 380.64 feet: ' Thence South 43°46'26' West 2S3.:!9 feet: Thence South 02'14'04' West 496.46 feet: T .= Thence South 41*16*20' Wert 310.99 feet. ? Thence South 14'00'40' West 536.21 feet: continued 4 '` C Addendum B page.2 M363258 11/15/93 08,42 Rec 5340.00 bK M pg EM Silvia Uovis, Pitkin Cnty Clerk, Doc f.00 Thence South 02"16'09- test 4LC.vV recce Thence South 33'01'14 West 261.07 feat; Thence South 00614'51' East 201.92 feet: Thence North 09'48'51' West 294.43 feet to the Northwesterly Corner of NWS/4 NW114 of said Section 14: Thence South 01'09'00' East 1321.91 feet; Thenco North 09'44'56" Wer-t 1297,75 feet; Thence North 02'01'16' West 1321.33 feet to the Point of Beginning; EXCEPTINNO TH RE -FROM TRILCT )• A Tract of land Situated In the West One half of Section. 11. Township 10. South, Range 85 West of the sixth Principal Meridian, Pitkin County, Colorado, said Tract being more particularly described as folIowa t COMMENCING for reference at the Northwest Corner of said Section 11 from which the southwest Corner of Section 11 bears South 00*33.59' East 5372.81 feet with all bearings contained herein relative thereto. Thence from said Northweet.Corner South 23'58'27" East 3064.58 feet to the true Point'of Beginning, being the most Northwesterly Corner of the herein described Tract'. Thence along the boundary of the herein described Tract the following (4) calls' South 77027'55' East 25.0.00 feet: South 12132'O5' West 260.00.feet: North 77`27''55' West 250.00 feet: North 12"32106' East 2SO.00 feet to the True Point of Beginning. A Thirty (30) Foot wide Tract of Land situated in the West One -Half of Section 11, Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, and being Perpendicular distance of (15) Feet on either side of the centerline more particularly described as follows: COMMENCING for reference at the Northwest Corner of said Section 11 and considering the West line of said Section 11 to bear South 00633'59' East with all bearings contained herein relative thereto, Thence South 50'20'42' East 1622.99 feet to the True Point of_Oepinning of the herein described centerlino; Thence along said conterline the following (7) calls: continued `xy,,,......,..,,rorr,w-w.....-r•....!_. ..-..... wzw�w;4.H+,c�.. �a,r.w.c..rausvJ�4si'ti..:•r.......rc.n,-�.n�i�rtvs.a�u-:N-a...�r....-.•., _`�. i. n ,S ::{ }�'A de Addendum B page 3 N3632bU 11/15/93 OSP42 Rec $340.00 6K 730 Pp e26 Silvia Davis, Pitkin Cnty Clerk, Uoc S.00 South �-7°13'20- East 98.32 feet; South 07"2511S" West 249.e4 feet: South 16°01'35' West 215.76 feet; South 00'12'30' East 674.00 feet; South 03°41'50' West 178.08 feet; South 05036'10" West 311.97 feet; And South 18639'13' East 174.61 feet to the point of terminus from which point the said Northwest Corner of Section 1 bears North 12. 321OS" East 106.70 feet and North 23°58'27' West 3064.58 feet; TRACT 3 A Parcel of Land in Section 11. Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more fully described as followst BEGINNING.st a Point whence the West Quarter Corner of said Section 11 bears North 60.42'34' West 1661.25 feet: Thence South 88.12'27' East 134.68 feet; Thence North 55019102' Eaat 60.00 feet; Thence SOUth W12'27" East 46.20 feet: Thence South 01000100, West 96.00 feet: Thence South 23°17'S4" East 539.98 feet: - Thence North 90000100' West. 73.83 feet: Thence North 06.00'31' East 500.08 feet; Thence North OS°41'54' East 66.45 feet to the True Point of Beginning. 7RgrT 4 - A parcel of Land in the NE1/4 SWl/4 of Section 11, Township 10 South, Range 85 Wet of the Sixth Principal Meridian, Pitkin County, Colorado, described as follows: BEGINNING at the Northwest Corner of the SWl/4 of said Section 11 as shown by Survey recorded May 18,.1951, Ditch Book 2A at Page 146. Thenoe East along the North line of said SW1/4 a distance of 314 feet; Thence on an angle to the right 61*23' a distance of 228.2 feet: Thence on en angle to the right 40055, a distance of 776.6 feet: Thence on an angle to the left 20054' a distance of 259.25 feet to the True Point of Beginning; Thence on an angle to the left with said last described line extending 19°15' a distance of 173.9 feet; Thence on an angle to the right 88°22, a distance of 188 feet; Thence on an angle to the right Se*25' a distance of 169.5 feet; Thence on an angle to the right 90*28' a distance of 197.0 feet to 'he True Point of Beginning. COUNTY OF PITKIN, STATE OF COLORADO 1 Ct �` U� CO: A4;�r�tyY DEVELOPMENT ,� +�'�'•7l�7.!\t r_l3'rl..__,..,:.il. �wr:«. . - ._;+F.sy.. +a:l<-:'.i`'�`�N._.i.�:.�friavili�ir�J`�+w�€fir ' - .::' _1 97/W,,cM it:99 a UMDERLE77F eeQ 83632W 11/15/93 08:42 Rec $340.00 8K 730 PG 827 ` Silvia Davis, Pitkin Cnty Clerk$ Doc f.JJ Addendum C I(/l 7 1993 ilwlusive, Vast /uttassl].ft E'tis 46A, Tracts I. thrWayh 0. according to tAe Ilat record" OW 31, lon, in vlot boob 2i at Page 4e at the rwWV" Ot the C1arJ9 and XbmrdW et WItRia tr=9 County, Color*Ao. t - � • :.gar A TxAcT OF LAND SITUATED Ill 8ECTIOM 11 Or SAID TOWt1> P A" RANGE 5KY .+~ BEING MORS FULLY =SCRIBED As tOLLOM Z BEGIKNIM AT A RUIMT WXZW t TSE MOR'1'MMT COMM OF "ID SECTION i DNA" M 21•59,270 M 3064.38 TEETr T11EHCa 8 77.27'S9" E 140.00 rMl :4 TaEMCE M 12.32'00" a 1f0.00 FSaT1 flftlfC>s S 77'274554 a 334.00 FEET; _S-.'•_ THWCa 5 35'57130" a 147.E3 F2213 THENCE EAST 120.00 FEZTi — THENCE 8OUM 340.00 FaETr _~ t• ii `. TJiE11vE WEST 235.00 FaaTJ. ' a TllillCf M Of' 5f' 4a" M 220. !1i?alia TNMfCE N 77.27' 5S" 11 260.00" iMMI vJ THENCE 0 12-32,050 N•1G3.Oo 1=1 ?nVECE rf 77' 17' 55" (A.350.100 11it<T1 TMOICE M 12132103" a 350.00, Is" 20.2= palm. of EMG iG"W f COPTAZMING 0.440 ACME,; J40111 Va IN Mr All 1o04trd in titkil4 Corgtty, COidtado. ,y ,y (P y. A. t 4- Na3672':::.j"S/73/9l Lr72b I:'c Pl., ' 7 rD 306 ' Gi. Addendum D ReSOLUTION OT THE BOARD OF COUNTY COMMISSIONERS; OF PITRIM COUNTY, COLORADO, GRANTING APPROVAL OF DETAILED IIUDMIDGION TOR VU201VISION, 1041 ENVIRONMENTALti 11AZARD REVIEW, SCENIC TOREGROUNa OVERLAY REVIEW, PLANNED UNIT ., DEVELOPMENT, REZONING, SPECIAL REVIEW APPROVAL FOR RELOCATION OF THE KENO RADIO TONER, LOT LINE ADJUSTMENT f WITH THE AAU PROPERTY,GENERAL AND DETAILED BUSMISSION [i 1 TO THE "GRAND AMENDMENT,PORTION Of THE APPLICATION AND - AMENDMENT TO THE BUTTERMILK SRI AREA MASTER PLAN FOR THE YPIATER RANCH/OOLV APPLICATION I ! Resolution No. > f363250 11/1.5/93 06:42 Rec $340.00 EK 730 PG .8'tH DuC 3 Silvia Oavia, Pltkin Cnty Clerk., i' WHEREAS, Maroon creek Development Corp., hereinafter "Applicant", has applied to the Board of County Commissioners of J Pitkin County, Colorado, hereinafter . "Board" for approval of�$ , Detailed Submission of 1041.EnVironmental llazerd Review, Scenic ubdivision, Planned unit Development, Foreground Overlay Review,.S Rezoning, Special Review Approval for Relocation of the KSHO Radio General and Detailed Submission to the "crand Amendment" s< -. Tower, portion of the application and Amendaent to the Buttermilk Ski Area Use r to the appropriate aeotions of the Land Master plan pursuant x _ code; and NUEREAB, the total property (the "Project Site") is _- acres, including approximately 1"OlRffirllmatcf�i% approxiloatelyb available:�,under.;,lease or easement to the Applicant, zoned AF-1, AF- r e Pro ect Site is located north and west of 2 (PUD) and AT -SKI. The ) , 1 t Creek on both aides of llighxay 82, and includes portions Of ).a Maroon �' ,�,,,.___ - ,.L`,. w, .r ;�,�,:K7S.i;:r»i1t-#u'�, ram. .�. -_ •'.�1{� 1'.,`y: +w ■'.a•aa, xi4'.v:+a.a:.'waA:.tt�syra.rtn°.11, r.., .e„_.... -. ... ���� . V - INA - • 'A . e_,'ria9.�-kbCn?.. e Addendum D page 2 4336720\ `/23191 151 26 Rec S. r,q 941,' :} re 307 Silvia bavis, FiLkin Craty Clerk, Doc L.UQ r il363:r58 ll/Vj/1?3 08s41 Ret. $340.00 bill 730 PG 929 Resolution 140. 91-JLL Silvia Aavi.s. Pitkin Cnty Clerk, Doc $.OQ 1 Pago 2 ;i t ? the Buttermilk ski area (Tiehack), more specifically shown on a Exhibit "A", vicinity map attached) and t WHrlti;Ae, the existing zoning and acreages are outlined in Exhibit I'll", attached) and WHEREAq, the Applicant has submitted the application described i .; -,_ j'•:$.:, above (the Application") requesting approval for the following: " 1. A residential and golf course developient project (they „project") • " ' :: (a) Additions to the existing Grand Champions Club, e including an 18 hole championship golf 'course with i. driving range, maintenance facilities, and clubhouse additions; (b) The development of (3`-7free-markat 6i 41errianyr units, including 5 on the south bench, 5 on the north .`� bench, and one (Lot 16) direotly opposite the Tiehack Ski Lift, and the development of r31'free-market gtoWnhbMb0*- !s- =$ The maximum square footage for tt,e 11 hones on the north and south benohes and Lot 16 shall be 10,000 square feet for each holae. The maximum square footage for the homes on Lots 6-12, 19-31, 40 and 46-48 shall be 6,000 square - );! Peet. The maximum square rootage for the homes on the i h ° remaining lots (Lots 32 through 39) shall be 5,500 square feet. The townhouse units shall be, at the Applicant's option, up to 148,000 square feet in total, with no individual townhouse unit to exceed 4,80o square feet. It (0) Applicant has successfully competed for allocation Y i under the County Residential Growth Management Quotats. System ( GMQS ) for the years 1988, 19o9, and 1990 and 6• A has received GMQS allocations for 51 free market units and as more fully set forth in this Resolution a GMQS replacement credit for 24 (i.e., Park Meadows) additional residential units. , (d) Applicant has received a 1988 commercial GMQS I approval for the golf course and 10,900 square feet of l commercial building and 6,000 square feet of GMQS i replacement credit (for the restaurant at Tiehack). II Further, as more fully set forth in this Resolution, the .LL F Applicant has received a GMQS commercial replacement ;rat credit for 9,200 square feet (Aspen Country Inn). A total of 30,100 square feet of commercial space is to be , added to the existing Club subject only to Applicant _'�":.; .. ...:...�-:.'i-dd�:�_ t1� AF��'-.t•t..�'r' >_.�... -.. ...' • ,.. ., . _. ..�' , � _�`. r tc?.ei:::. a.Crs{-.. �, rr, ..-....., �y 1 MAR 2 8 2014 ;.j CITY OF AS o'tN `�' COMMUNITY DEVELOPME07 Addendum D page 3 113 i.j2U 0?/2:�/91 i ;:2h f;ec 4.W •'jl( 657 PG 308 �... Sil`,'io Davis, NitEin Cnty Cler•i:I Uoc t.UV "16.3258 11/JN/93 08.42 Vec 3:34ir,r)r', br_ 730 PG 030 Resolution No. 91- Silvia Davis, PiUein Cnty Clprir, Doc 4.90 Page 3 obtaining a G1SQS allotment for 4,000 additional square Lest and to the conditions' of approval outlined below. Finally, as more fully set forth in this Resolution, Applicant has received a CMQS replacement credit for 12 (Aspen Country Inn) lodge units. (e) The permanent commitment of significant lands for open space (a portion of which is In the form of a golf course) and for preservation of the scenic foreground as delineated in the application, in accordance with the Pitkin County State Highway 82 Corridor Master Plan. It In the commitment of the applicant that the PUD shall never be further subdivided. (f) Intersection improvements to highway 82 and the relocated Stage Road and Tiehack Road to provide safer automobile circulation in the area. (g) Construction of a total of 40 affordable housing units including 39 multi -family rental housing units and 1 single-family sale unit. The 39 multi -family units shall be located together in the PMH zoned area on the north side of Highway 82 as shown on the PUD detailed } submission plat. The proposal includes 13 one (1) bedroom units, 13 two (2) bedrooms unity+, and 13 three (3) bedroom units all located in the northwest corner of the Project site; and on the south side of Highway 62 one "for sale" unit of 1,510 square feet, four (4) bedrooms and 2-1/2 baths. The lot size shall be a minimum of •6,000 square feet. The unit shall be sold pursuant to the housing Authority guidelines at a Category 11 sales price based on 1,100 square feet. The "for sale" unit is to satisfy the Housing Authority requirement to mitigate the displacement caused by the demoli�ion of the Mathis unit. The Applicant shall have first choice to rent any of the housing units to employees associated with tine Project as long as such employees qualify under Elie county Housing Authority guidelines. Twelve (12) of the two bedroom units within the multi -family complex are to mitigate the displacement of the employees now living in the Park Meadows. i i (h) The Buttermilk Master Plan shall be amended to allow i modification approved under this resolution including improvement of ski facilities to include a relocated Ego i Hill lift, relocated parking to include no less than 121 parking spaces and eliminate the restaurant at the base { 4 of Tiehack. Ho further amendments to the Buttermilk Master Plan shall be allowed until such titae ski lift capacity is addressed. .f ' `. �.: i! �� V� -_ vi�' `}1G .. .. _ .— i ! .L. s . [1�' i_yF-.R_iXS'1^ _ .. _.ram. •J. ! ., _1 1.. ..F . _ \1 ` '. 0 l�+` '.1:+•..Vr•UT..i6.V.RlSi-11it':�`Yh•+.-H"lYQ1w, +t i' _ Addendum D page 4 f11-i-qA��•09/23/91 t5, 26 Re[ f.00 �.✓S57 PG 309 ` yi; lvia Davis, Fltl:in Cnty Clerk, CnG 4•0Q gzt,t�58 31/I5/v3 ifl:42 Rec 4340.00 Di: 730 PG 831 M1 ( Resolution No. 91-JLL• S31vxa Uavlb, P:tkio Cnty Clerk, Doc f.00 1; ' page 4; .a > (i) Infrastructure improvements for all of the above j components of the Projeet, as d�:lineated in the Application, 1 2. Rezoning of approximately 60.5 acres owned by the + t Appl}cant from AF-1, AF-2 (PUD) and AF-Sto AR-2,R-15 and R- KI, , 70. The remaining approximately 300,5 acres of land shall retain and `,. existing zoning, except , be zoned Tourist, "T", lo5 acres to ti Housing, "E'!UI 5 acres to be zoned Permanent Moderate °, and of such remaining lands, approximately 172.5 no shall be used an a golf v �.'• Sheet 1 of u 55 u � . course (see Exhibit D PUD Plans, 3. Detailed submission and PUD approval for the entire Project subject only to obtaining a GMQS allocation for the 5 $ remaining bJect residential units and 4,000 square feet o! commercial j+fi previously granted CMQS allocation; and specs not p Y 4, Setbacks and lot width variations for multi- and singe- andlfamArealy rChaztee rdat dJune lit rootmres in accordance with the Bulk 1991 altachad hereto as Exhibit C"- „ 5. Attached hereto as Exhibit U" and made aart of the p Ys application is the Detailed Submission PUD Plan consisting of 55 1991, August 90, sheets dated September 27, 1990, revised July 26, 1991. - WHEt1EA9, the Planning and Zoning Commission reviewed the Application at its rogularly .scheduled meetings and special`.-` meetings and recommended denial to the Board of County Commissioners. The planning and -Zoning Commission did, however, . if the Board felt the project forward suggested conditions { warranted an approval) and y WHEREA9, after review by the Planning and Zoning Commission, ti,e Board reviewed this- Application at duly noticed public hearings on April 8, Moy 15, and June il, 1991at which tiu.)s evidence and , testimony this Application and were presented with respect having approved at that time procedurally the raviow of the "Grand AyJ hmendment", General a11d Detailed Submission as part of this review process; and !' �• �t pt•C'c f WED. . MAR G 8 O14 CITY OF ASaEN OEVELOPMENT r . . _ .A�,�ti�.�ly:"b'E�l'\12.'' t.'ZYa.at ^ .. .LSs. .:y. L^• - ...-..L•• .. 1W�7tF oJilRySYI� T Addendum D page 5 C ;03367-k�104/23/9l 15t 26 Ree 6.00 UI'. 4157 PS 310 1� Silvia Davis, Pitkin Cnty Clerk, Doc s.00 4363258 11/15/93 08:42 Rec 11340.00 6K 730 PG 832 Clerk, Doc ♦.00 jReaOlutiOn MO. 91-� 511via Davis, Pitlin Cnty ! page { the Applicant shall receive the sane score 1n GMQS , yiY { 1rllERBA6, in future years for benefits and amenities and other ' ii y•;t competition 1909 and 1990 app lications; end i _-:,,• , matters as it Scored in the 1908, ' 1. �. 111EREAa, the Applicant has previously received GMQG allotments p. as followss a'�= Raeidentials � � 1968 24 Units `,*• 1909 17 Units 1969 24 Units (Pack Meadows;gxesption) = E 1990 - jQ Units �, f:::•. _.•: For a total 01 75 Total GMQS allocations to date J `1 1968 - 7,500 t.Yard qoi! aouras ubhous 2,900 squar*:.fo0t cle and.atarter area ` 9,000 square _toot maihill nee .a a golf storage area restaurant, par, 1� ;. 6, 000. square •foot nomwr'aiah retail:(Roxio!s tx.esptionj - � 1 1990 - �„Zgit nqusra; loot olubhoues,:*xpansion (Aspen Countzyl' Inn ;ilemption) 16,100'Totnl square !Nt GMQS Allocation to date r - i.edae A441a1 t '" ti - 1990 12 lodge roods (Aapan Country inn exemption) not feet each for a total of to exceed 5so square 6,960 square feet NOW, TIIEREiORE, 9Z IT RE80LVCD by the Board that it dose t hereby grant approval of the Application for Detailed submission � for subdivision, 1041 Environmental Hazard Review, Scenic Foreground Overlay Review, Planned Unit Daveloptent, Rezoning, Special Review approval for Relocation of t1�e tt9No Radio Tower, Lot a Line Adjustment with the Alcohol Rehabilitation Unit property ,�. e`.'N'L"1[�/f]S�:i 1M1��°!�1Vti�1�i.FillF�sf�GC'e�,lii(b!cf.YPV,�..;.ji-y �vi�%.1. ...�+v.. �.v�Y:nr .'Y�0' ..�.. _ _ .. •.av� . ,.. .. -���� \�y. .. M.AR282014 CITY OF ASPEN CC i :�IJtiIIY OEVELOPMEI ,- Addendum D page 6 1) 1, 167-8 1:19,1 &ql 15t toc)".0 pill 657-!G 311 Sjjy1,\ Dj%..,jq, piti,.in CnLy CiUr-l:, Doc "Jo $340,00 bK 730 Pc e33 Resolution No. 91-AL 036-32�58 11/15 -Ity Clerk. Dcc ;i1via Davis, Page 6 appxQv%l pursuant to Section 4- subdivision exemption A (i,a., subdiv and General jL 3.,.; 2. -2 (a) (2) for the lot line adjustment); and Detailed ,Grand Amendment" portion Of the Submission with respect to the Application and amendment to the Buttermilk Ski Area "aster Plan, together with all variations and othor requests for land use approvals requested for the APP lication subject to the following conditions; I. oeneral Conditions Of APProvalt jt 1. credit for tho demolition GKQS exemptions for replacement Aspen Country gg of the Aspen County inn, Obes--meygr and single-family unit shall be granted as follows: the 2 single family homes (Obermayer and Asen sillgle-family home) may be replapced Country Inn subdivided or, site? each on one Of the newl square • lots at their currently existing footage; approximately 9,200 square foot of commercial Aspen Country Inn may be used pace from the footage s commercial square replacementchangn use I as Oe by the Applicant. proposed as proposed footage of the commercial square the application shall be allowed without an in amendment to the PUD; transferre 12 rePla cmont lodgo e unitmabe d to the Grand an Country Inny from theoAspceed Champions Club.Each. room shall not exe 6,960 squar 58o square feet for a total Of feet. Of this Any additional development approved as a result61locat'one GKQS review shall be required, to receiv4s the Applicant is required to Obtain a "QS 400 ali,00c,"tion for 5 of the single family homes and ,0 square foot of commercial space). residential density shall be SO 2. Density: The overall re -family 3 7 towphomes), and a ' free market units (43 sin 1 PKH its plug one single-family rental units 39 employee PJKH employee safe unit. Zq`h.Yi.,'iY.' Addendum D page 7 11336i=©t, r«3l91 15t.6 Rec 4.i+ir CiY. b_.1 PG 3t2 >ilvla Dav1s� FiticinCnty Ot"k, Doc $•�!t' 4sr 4 7ec 3340, 00 Et. 730 F'G 834 g:3A32.`.Ei VI/t.i/9. ,Inrlc Doc S.UO Resolution No. 91-fii_ `51via Dail Fitkrn Lt,ty Page 7 sa •ofr'f�P akin area shall have a hmi_timeru4a 3. The TiehaukJhp 11 be oppan•'to�tile`pubIic''to agy• est°r rs�•acei5 and odifications to the Duttermillat are only, Additional m the detailed submission P to the Dutvithout Ylan as -boon d the county approved. No additional revisions transit and Master Plan shall be all( he and the adequate reviex of lift P a whole. t parking needs of Buttermilk riountain as home locations shol�o al ofhemployee + I A. The single-family and a to 30 allowing review PP urcuant caretaker and R- an individual basis P # caretaker units on . is Section 3-8.13, existing buildings i of the comply 5. If asbestos is found in any the Applicant shall for w1l,ch are to Colordemolished, atEmission- Standards With tits Asbestos. as log fireplaces i 6 The Applioant shall be limited to two g ubmission• a0 represented in the Genera to appeal to per building however, lam which 1 The Applicant shall be allowed, rovids a P the Clean Air Board in Or �c�s to tha area. 1 oreates less air quality P 1•' / Applicant shall contact the gnvironment�aa tSg°rock t q,. The ApP the excavation phase Department for comment should mineral waste, or mine dumps be encountered during o! excessive heavy ro ect• D�-sP°sal o! Such materials oif^site is of the F j oesibilitYThis is particularly i discouraged due to to the soil. metals being P the site which has been pertinent to fill material on ransported from the Little Nell Ski elope. 4 000 i nulti-Eamily unit shnll exceed , ! 0, Ito in, copulative floor area for shallnot square, feet and theOVOla ve the project 1 market multi-faquare feet. Floor area calpcerkingns 'X11 exceed 140, o00 s9 !'O i! :� Because t these units shall not includR sot Under cfiom floor area Parking for7those unita•shall be arkiny of fire exemption of underground parking Shall notrabe comPrrtations,''thA multi -family tion for on^g entitled to the 750 square feet ex°mP allowed shall be The floor rea effact at the time of Parking Str ctthasregulations in + calculated by royal. ' final plat app side of 9• The historio portion of the barn on the South t the Project shall not be demolished. It may be moved t • j + -r 7 C* sj Resolution H Page Q intact ur disaasembled and moved to another location on or off the pfister Ranch property. 10. She Applicant 611all comply with 404 approval for Engineers wetlands disturhance from tletteryuithCorp linedin the Army CoKp condltionsdated out March 19, 1991 and attached here as Exhibit "E". s il. In connection with the approval, the BOCC agrees and makers t11e following findings. { a. The Applicant is leasing or acquiring 19.9 acres of the Parcel. The_rei.aindcu j t the adjacent Pfeifer re pfeifer parcel, other than 19.3 acroo, is currently dwelling unit and may ! improved with one residential only be further developed upon• co mpliance with requirements ! section 5-510 and all other applicable of the Pitkin County Land Use Code. b. The Applicant is obtaining 245.4 acrec of the 249.8 Pfister Parcel. The remainin 4.4 acre parcel } acre Is currently improved with one ran dentiel dwelling be further developed upon unit and nay only compliance with section 5-510 and all other Coda. applicable requirements of the Land Use DOCC Resolution 89-G1, llowever, in accordance with the owner of either parcel (the 24 .5of or the 4.4 the three ,l,• ¢¢ acres) may utilize the square footage residential dwelling units (a total of 5,Ol5 square ation acre application feet) currently located on the_25D than three residential peet) build not more dwelling units totaling 51015 square feet, if the existing units are demolished. such Feplaeomerlt7ls applicable zoning, 1041 f subjeot to compliance with hazard review, and other requirements of the Land Use code. The replacement credit of 5res square n ntial residetial ii I i feet is an addition to any other density described or approved in this resolution. I c. Thin approval of the Pfister Ranch/Golf application the signing shall be vested in the Applicant upon shall run with the land. of this Resolution and 12. The Club Une is approved pursuant to conditions found in said may ha - oend modified pursuantrtorand this approval - expanded ! 13. The public dedication of Tiehack Road, the underpass connector from Tiehack Road to relocated Stage Road and relocated Stage Road and the public right to use surface parking at the base of Tiehack Ski Area shall be shown ..: 7 0 `a 3i��vic : aP r bP MAP 2 8 2014 Addendum D page 8& R33672 -i9/23/91 15 26 Rec L+�;��S.Ot 31S p 9 Silvia. Davis, F•Itl:in Cnty Cler'l., D oc M3632:,G 11 / 15/9 t �igc 11- Rec $341�. VO or, 73o FU 83S } , o. 91-j� Silvia Davis Pitkin Crit Clerk, Doc 15-00 Y j r� _,•� ss� - f -, WY OF AbPEN COMMUNITY DEVELOPMENT 9� r ' � \ ' � Adttalldtlm Q p0gP � p�iidi :.Q .;.'• t.''�PY { l!bt �h littc +, vi, C+Y, f�\ V 11 J1�4 tlilrl� oowkvk, hitl:isl I;Itty t;1tich, &11" *'00 /J 11 ,iN ?.:.`,'s3 jIL 1"i ti::i L�UI'I •r 11t:4 f1{1,.1, �ll;l 111:. �`a� ('<,' 1�/, Iiy+UtllnttUll Ilnf Qt��l� z111vsA 14fY13, f'lt1.1,1 i;1,tY , S �.. cbn 4ha t inai PlAt, tlue of tho Ttehnek le ellexl tfp n a yQ?k1"v lunti1 ORl�t�.ma o thc� nlli�l tVOtllt?0t,3c111 y! 'lftA{1Atik t1UAd to ll�r 11hR t111t11tQ to pul?ile 1a11dn Alld trAil@ Ulm Tlohflek y►ACitanq lot VDAl?11 j No parkin of yvPr Whl9ll trip. }1\1h�:fl Rtayy ItAVA @AA@�@tl�@` t11s tlyl�a Mall be ptjrmltt@ an j vehlalea !+�` 11tam •eru aQ '111P the puhli.e tie ppArlt 4ArA At z Tla11AQk RaAt1, rlphtl Q> the 'CiallAek hA@a let shall ha lln�itoo by t`,e hNltstlar et npAQgA AV1lllalalP to We pahile (110 l@@n t,11An lat l , ylaC1tl11q apneatt tlhAll lae AVAllalal@ Au Ala tlmAa) • Rluhta Ave ill 111ypllUant t8 @I\QroAeh 11Pon, PVAr Qr 11ndAr ¢' F zj rag@rV@� Ant, de_tils�fltetl righfi@"et-uay for silt lift@, alunAya or trAll@, 111:lilkia@� � 34 ;�. 111.eC1#Atl4n atrNUl;Nrp@� @idaWAl.ka, lar iiit}a® Qr ttinn>tla, er to1` 9ther purp rtli iyl aq@woo pin aq% oil ° u th thin a prevAl of %ha prQ)AQb, the 11pp P oltflQlt 110aA MAW ha in""lled by 41000 n0 11tt?W'Akllq @lglli qA by tha QN1l11ty. The Geunty Any lAAinuilmmua oblitmAti0,n 06 to TiehAQk Road or AQRe`it tliA �TlwhflUk hANA pArkinp ArRA, `Tile Qotlnty dt3eq n9ti 11AVA th@ right to iampAna or QItAn ll Tiehaek RQAd t.ha Vt1A Approv"v" z e11AQltioatlona without A0lendm@llt QC ilailltonAnBe Qt valQeAtad Ma % 11olid (f.Cem 111fAhWay $a to head) Anti fihe the intoviopl tan With a iotinq Olt a ' Road ae 79%l0gAt" huAq® underpAer QQnllatltur llceml@hAek Read ahAll i�@ p@y;tarmed pur@11i111t t:o An .A rfl@.m411i1 i�etw@at1 iaaunnQA of the Appl.lQAnu will tilt,county prier GQ the ralonAtAd 804% Road, . p@smite to Gunotrueu 14, No turuh@r Aubdivialen of the PO 011411 to Allowed in tlennaetion With the Qundominlumis{Atlon of any AnY except elemonte of the pro3ogt auh3eet to obtainilig rQtlulrod ApproVals pureuAnu to u110 1`" in QQ%A"tLy l,Anli I ._ VAQ coda, to, zn the Winter, thAf *vial lltti'Whiph mAy be oollOrueuad QV1ON" A1111'L01% zoo *hail be AVA1lobla to �r at Appli,QAnt1A hit" pAhlio Ati no Qharga, but othogwll+e o0j@et $A arWY rules of any requlAuovy aganey, at A and vpmulwal 110 is net Qen@truetad, An �a�rnAtiiV!\ml�@.anti Q>~ M%� nQroiu:>ilK3ir»1,1. erQaainq TIRhAelt"Rdkd"1113T'+bp"proVl+iad And padA@trlana, l61 All 0111tiesi ahAll am placed Withil% dvivewavo 11114 mAjQV opeoltieA on the utiiit ee 4: r.QAdwaya "111von otherwlaa_ mAet9r pion @ubmlutad loth t+r1e datAilad @1li?KIIAHian, t7, Peruiena et the yelt Q911r@p eras Alley be used UY tha the WintAr to Put at uhe 11Qrd19 1 AuhllQ At Ile (?iiar(la ill trAil @yauam. Npeaitie trAll IQQAuion@ 0 (%1% ba Trallo Wild Avoid A • appreved Annur.11y by the hpplleAnt, g"Ona, to@a And 011@r mAn mAd@ (@ACurati Qr 9136tAelas, � 1 ytlj v ,4 MAR CITY off A , C 'MUNITY OE VE1OP,�fy �r '. ,..... - ,. �... ,,, i.. ......., c..•o.,L-.. k-�+: t`�l'r..r�?�"r�et,'ic.�'i'�i.���� 5l'A Addendum D page 10 ' 11-'3:6-" 6' i�/23/91 126 R e c s.00 DI; 657 PG 315 < Silvia Davis, Pitl;in Cnty Glerl;, Doc !�.00 !'r Resolution No. 91-1(1 M;6s25£ ll!1 ./93 06:,1- nee 3790.,)0 ELK 730 fG 837 , Pago 10 g Silvia Davis, PitYfn coty GIerk, Doc S.00 a"•t�, 19. All new trails along Ilighway 62 hall take the expansion 5[rr : s { of the highway into consideration when developing the ' ; •' specific trail alignment and design. t 19. All buildings on the property requiring water and sewer's,f_<:. service shall be provided with central water and sewer i service. No individual or private systems shall be}.<t i allowed within the PUD. - The sprinkler system for the golf course shall be i20. supplied by a water source provided for in Applicant's i Agreement with the City of Aepen dated July 9, 1990. The domestic water needs of the development shall be supplied pursuant to an agreement with the City of Aspen dated July 9, 1990. } 21. The Applicant uhall not allow the use of poisons for rodent control except upon approval of*the County via an ` amendment to the PUD. 22, For all buildings within the PUD, building height shall Use Code rovisions in be measured pursuant to the Land p effect at the time of issuance of a building permit with the exception as noted in Exhibit "C", the Bulk and Area Chart, Note 12. z: 23. All representations of the. Applicant shall become `I conditions of approval. II. Prior to Final Plat Approval by the BOCC the Applicant shall adequately addrese the following, t 1. The Applicant shall submit an 1aviy8t'i'oTt`MftK FWdht j acceptable to the County Attorney. The relocation of County subject to I the•K5No tower is approved by the further approval of the Detailed Plans and specifications by the Pitkin County Airport Manager and . FAA, j 2. Prior to final plat approval, a .vatbrAqualityrmonitoring piogra`m'shall be approved by the Environmental }fealth Department for the golf coui:ea and adjacent areas. F J. The free market townhouses will be owner -occupied and/or long term rentals for a minimum of six months with two shorter tenancies each year, and artdendvrestrietionnto4 r ! this effect shall be provided prior to final plat and�+ recorded.with final plat. =' a � r _.ij?r ,.s°o-,�/. s.-�3n d.>3. �,yk.,i:•c.in•. � i♦ - _�<'• ti6+�.3a7w ssc �.=t s!CtSr*ra.va:.•.•.......•,_.. ... M -.,.y ZA; . i , Addendum D page 11 113�b729�• �/ Z}/9l I5:76 Rer $.4r+ Bl' -'j7 PG 316 Silv14 Vavi„ F'itkin Casty Clorl:, Per. ItJ61,<'t4i 11 / 15195 4)8: 42 Rcc $ 34v. iriz BI: 730 F'G 838 Resolution NO. gi-&L 611via Davis. F':tkin Casty Clerk. Doc 3.01) Page 11 4. Reference is made to the lands cwiveyed to the County in that certain Deed recorded in pook de at Page aetrian trail. The which is a portion of the current AAeC pede county. shall, by"•spacial ,wakrantyfi daed;K conveyirsaid ,lands -_to- Applicant%;free and clear of any liens or encumbrances in exchange for a relocatud AABC pedestrian trail which meets County approved trail specifications' torelocate ictions' It is the responsibility of the App1 ca and construct such a trail. 5. Unit facility dissapproved oprovided 1that. �Raiiatiilltiiition a. The Alcohol Rehabilitation Unit plat shall be awerlded to reflect the lot lino adjustment approval. b. The approval of the Pfister Ranch/Golf application, including the Alcohol Rehabilitati011 lnit of line adjustment, will not alter, anend manner whatsoever, any or all of the uses, exemptions and terms currently applicable to the property of Alcohol Rehabilitation Unit under Resolution 83-133 and that such uses, without exemptions slid terms shall continue to apply tooever alteration propertyor Alcohol amendment mitation wha theRehabilit tion Unit' to 6. Prior to signature of final plat, the Applicant shall Verify that there ig an arement SanitationaDistrict� place with the III. In the subdivision Improvement Agreement the Applicant shall commit to the following; 1, prior to Final Plat or excavation permit for the ding a Pr oject, tile estimate for cant shinErast Infrastructure all submit ft lA�and clupublic improvements. At this time, the Applicant shall submit \ security acceptable to the County Attorney and i1oCC insuring the construction of tile eclamationuctoufrp the nd public improvements, and/or property.The Subdivision Improvements Agreement shall include a schedule foruction of improvements and associated bonding requirements. 2. The s1A shell ensure that the all ponds shall be lined to ensure water retention. This specific techniques used to ensure vater floatablh traps, rshall ibe�klined addressedsuch as rinthe$IA. ems and - ..... , 1�>lli:'Sskis �e-c3 i.'-b S..r'x.^: , r' ....'.: ,n..c -^?i4u-x-,.w:. .� . ... _>.�rt>.y •__ .,-, .. x -. .. ._—,- `e Jo Z�i • i C- t : 0 .. r._ *4lQIA� ,._i.•t. i'i,ii:.+e��a. '.s.�A.._ .-.. .,s-u-{ .., #i'iW 4MM ,4?'+ib.-'i� �Y'irif►� ,, `1 Addendum D page 12 (;. u3ae-�r>>��i�1iv1 1s:zh rec �.o;� r.�l: �:i� rc �1� F Uilvia Davis, riticin Cnty Clerk, cor 4.00 1 1 / 1 /` ,5 0 13: 42 Rec $340. 00 Et: 730 PU 839 ' Resolution No. 91 Silva UavI=,, VItkI., Cn',y Glerk, Doc: $.•)O page 12 7. No proliferation of algae Sn any water courro downotream of the development _hall be allowed to occur as a result of the development. bus 4. she Asheltertal1on11eachconstruct Ofand Highway 82aatutile ctime stop 9 construction of the Stage Road/Tiehack Road underpass is Compesponsible 0% Of the cost of dconstruction of they shelters. for O The Applicant shall design such shelters based upon recommendations '• from the Roaring Fork Transit Agency, 5. Nordic Trail connections shall be, constructed by the Applicant between the City golf course and the i t' trail along Haroon Government Trail via the ex sing creek to the extent they are within project boundaries. Overpasses, underpasses or other on -grade solutions shall be providod where practical to crow the roads within the development. G. if determined necessary by the County and upon the county's written request therefor, the Applicant shall then southents side for nt along of and Highwayt 82, along trail their eproperty boundaries. 1. When the existing AADC trail ie relocated and uonstructed by the Applicant, it shall be upgraded to accommodate current Irbil standards adopted by the County and In place at the time of development. B. Commenaing after use of the existing Tiehack parking areas is no longer available, the Applicant (or Homeowners Association) shall cause to be provided van service from the base of Tiehack ski area to Rubey Park on race days and other maximum traffic days. Thd plan for this van service shall be submitted annually to the Planning Office on October 1 for approval. 9. until such time as the Highway 82 pedestrian underpass described in condition 115 below is constructed, Applicant shall cause an internal van service to be provided to residents of the employee housing complex - By "internal van service," the parties mean within the Project to the Tiehack parking lot and RETA bus stop on the south side of state Highway 92, and from residences to the Club. A plan for van service adequate to meet the needs of the residents of the employee housing corn�a lax shall be submitted annually to the Planning Office for approval on October 1. When the construction of the pedestrian underpass is completed, van service to ....-. .-»<st.r ter-.._..,:. s-.:..�•f.�.. ,.. .. .: - M n 4 ME '.A - •s'.. l�+'u�y�R�iL7i•" at `!!�� •Z"s�•.�iit.w' !`... '. l.0 ,G_. iLJY,r�)`�-.: iY�^.3�.. 1bta. v Addendum D page 13 +1J?bi 1�?9/�3/91 15:26 Rec 1• 00 no 5ilvia'bavis, F•itkin Cnty C►erl--, Dbc E.9b 1 tG ;�SF3 1 t / 1 i/93 <7Ci; 42 Rec E;i40. 0•) Dk 730 pu 940 Resolution No. gl-,dL ilvia llav! „ Fiti.in Cnty Glerk, Doc. S.00 Page 17 the employee housing complex shall be discontinued and van service may be on an ^on call" basic for the free- market units. 20- Prior to final plat approval ti:e Applicant shall submit a temporary erosion control plan which is acceptable to the Environmental health Department and the Engineering Department. This plan shall specifically deal with erosion concerns of the construction of the golf course and major regrading of the Tiehack area. A specific cost estimate for the erosion control plan shall be outlined and secured as part of the SIA. 11. The Applicant shall vegetate in accordanco with the approved landscaping plan all areas that -are disturbed by new constructiutt and removal of any existing residence within one year after a certificate of occupancy is received for any ippruvetoents. This assurance shall be made as part of the SIA. 12. The Applicant shall be required to provide a Subdivicion Improvement Agreement which ipcludes an acceptable phasing schedule (including but not limited to landscaping, construction of public infrastructure and amenities.) The Applicant shall acquire approval from the BoCC in order to substantially amend the schedule. This would occur at a public hearing as do all amendments to a PUD. Staff may approve insubstantial amendments to the schedule. The financial assurances for all improvements shall be tied to a specific schedule. 13. The Applicant shall provide all necessary trail easements through the development in order to make access to the Government trail viable from the west side of Maroon Creek. The year-round trail easement along Maroon Creek (ditch trail) and access from the Tieback parking lots shall link to the Government trail. Furthermore, the Applicant shall agree to a final realignment of the Government trial easement which is acceptable to the USFS and provides a connection to the existing trail from Iselin Park. 14. The Applicant shall provide 50% (with $300,000 a6 a cap), of the cost of construction of a pedestrian bridge across Maroon Creek. The Applicant shall provide an easement on their property and the community shall be responsible for acquiring the easement on the Moore } (eaet) side of the creek. The total financial commitment to construction of the bridge shall be in place within three years of the final approval of the 4 n i= •w Y 4— Addendum D page 14 11336728 ('J'23/91 1;: 26 6-.,Lf rG 319 Silvia 0,%vir, PiLl!ifi CiAY DOC t-C":P R36325B 11/15/9�i ()8;42 Hoc $341,1.00 PK 730 PG 841 'on 140. gl-JJL Silvia Davis, i1eirks Doc $-00 Page 14 If mmenced PUD. construction of the bridge has not co the- Withili three (3) years from final approval, Applicant shall make a $100,000 donation to the Pitkill county Open Space Board for the purchase of trails within the County in tu-',L sat'"actlon of its obligations hereunder. 15 The Aplicant Shnll construct av�edostriall underass to accompmodate pedestrians in tile cinity'of the empployee housing complex and to serve as a trail link between the owl creek bike path and the hABc bike path. To COMPlOts this link and depending upon the exact location of the underpass, the County ray have to obtain eglaemonts from adjacent property owners. This underpass shall be such tin constructed at a as tile highway is widened (whluh is projected within the next five years) The Applicant shall be' responsible for 100% of the cost of tho undorpags. If, in fact, the underpavo in built at the expense of another agency such as the Highway Departw,ent, the Applicant shall transfer the financial commitment to the cost of the Maroon creek bridge. This arrangement and the Projected cost Of the underpass shall be Outlined in the SIA. IV. Covenants: I., The Applicant commits to require that all residential arvati0t) buildings incorporate the following water col'19 devices in their designsl toilets (tank -type flushO- meter) per flush - 1.5 gallons; urinals per flush - 1.0 gallons; low flow shower heads. 2. All ongoing water quality monitoring program, including a schedule, shall be submitted by the Applicant and approved by Environmental Henith DepBrtment and shall run with the land via the subdivision covenants. 3. Commencing after use of the existing Tiehack parking areas is no longer available, the Applicant (or Homeowners Association) shall cause to be provided van service from the base of Tieback ski area to Rubey Park on race days and other maximum traffic days. Tile plan for tills van service shall be submitted annually to the Planning Office on October I for approval. 4. No dogs shall be allowed in the employee housing complex, and any dogs on the property shall be leashed or kenneled. 5. Tile Plat and/or final PUD will include a note to the effect that in approved building envelopea, no m 0s12,i!'1;5+ V� mow al? � 1 11;3G72 /23/91 15:21. kec i•.00 6U kv. 7 FGA320ndum D page 15 Silvia kkvis. ritkin Cnty Clerk poi: 5.01? 1i3G i258 11 / 1 ,/ V + 08- 42. Rpc S340. OG hK 730 PG 042 Resolution No. 91-111L „lvia Uavra, Pitl:in Casty Murk. Doc $.r10 Page 15 - development will be allowed on slopr,s exceeding 30% with s .��•� the exception of Lots 12 and 17 through 40 where any Sot slopes shall be graded out pursuant to the approved ;4'�%•� detailed submission grading plan 1 G. Grading and beiming along the Highway 82 corridor on the , j.. north side shall screen major -iewo of the clubhouse, + _; townhomes and employee housing units, yet allow occasional open views of the golf course from Ilighway { 82. Subject to timely review by the Board so as not to z delay construction by Applicant, reasonable modif'_cations to the grading plan may be agreed to by Applicant and the Doard whereupon the grading plan shall1.` be modified to accomplish screening and open view '. objectives. 7. Provided the Pomegranate East Condominiums, by a writing _ au:ficient for such purposes, agrees, on or before recording of final plat, to abandon its existing right 1 _- to access Ilighway 82 as granted in peed of Easement recorded in Book 308 at Page 962, Applicant will, at its expense, at the time of the construction of the new Tiehack Road, pave any unpaved portions of that Pomegranate easement area, pave any unpaved portions of an alternative K i. the existing parking area and provide 3 access to Highway 82 west of the existing access at a state Highway' v specific location to be approved by the , Department and County Engineering. When the alternative access is completed, the existing Pomegranate access to Highway 82 shall be abandoned. Should the pomegranate44 East Condominiums not timely agree to abandon its right to the existing Highway 82 access, Applicant shall have no obligation to perform any of this condition and f. ` existing parking and access to Highway 02 for the C «- Pomegranate East Condominiums will remain unchanged. 8. if, in the opinion of the State Highway Department or the county Sheriff's Department, any construction results in any unsafe traffic conditions on Highway 82, s Of at current Stage Road intersection, Applicant will implement appropriate traffic control measures such asp,. signs, flagmen, or the like to mitigate such conditions to the satisfaction of the BOCC. l> t 9. As,part of the employee housing complex on the north j side of Highway 82 anti if an agreement satisfactory to Y ?: Applicant and the county can be consummated by November U 4j 1, 1991, Applicant will construct up to ten (10) ; •t a additional units; provided that the County shall, during tp; ` the course of the design and construction, pay all costs (hard and soft) associated with such additional units .4 t WED - MAR 2 8 ?,qtq . t=� CIT-Y OF CO"M1 N'Ty DEVV POPMENT r �.@`;:;�r..ee� t�aa+�e t,x::a. ....._ .. i.. v.� -, -- -' � ..... -.�,+i.:st�1►v►.:h:+:.atallffiS'i�65�i��1RA' Addendum D page 16 �11 H33Gi2Q23/ql 15::6 fiec $.U9 11( k! / PG 3'tl Slivia Davis, Pitkin Cnty Clerl;, Doc S,60 2 Rec SQi1, 00 PK 730 PG 843 ��/�/r p3632SE$ 1 I / 1 ti/v:t ilg: k3 CntY Clrrk, Doc S•Ot� r '' Resolution No. 91-YL Silvic, Dave-�, Pill.in Page 16 together with all management and operation coats associated therewith. l0. The Applicant shall provide, as part of the SIA, a ti':'^:•}- commitment to a water quality monitoring program, which well as �yv Lj will address the chemical treatment as landscaping features of the project. An ongoing ?;r,ky--•� monitoring schedule shall be established and run withyi<` initial tort k ? the land via the subdivision covenants, and during construction and first 5 years of operation shall be established as part of the Subdivision Improvement Agreement. j_ v. Prior to Iswuanae of Building Pormit: 1. Prior to iseuanco of a building permit for any underground parking structure, involving underground parking or maintenance areas, a registered ventilation the design to insure that harmful engineer shall approve levels of pollutants are not generated inside or vented y.. -_- outside of the structure. 2. Thu Applicant shall submit a fugitive dust plan to be by the Environmental Health Department prior to , ,L approved issuance of all excavation or building permit for all portions of the project. 3. The Applicant shall obtain approval from the County license on the Engineer for a construction/landscape Road affected by the proposal. portion of Stage VI. In conneotion with the approval, the BOCC agrees and makea the following findings: 1. The following land use approvals, which are incbnsistont forth in this Resolution, shall. with the approvals set be deemed vacated and terminatedt Resolution No. e1-28, Book 408 at Page 685 Resolution No. 91-126, Book 418 at Page 711 Resolution No. 63-72, Book 447 at page 837 Resolution No. 83-104, Book 453 at Page 360, the interest of (only with respect to Applicant in the zoline Foundation PUD) Final plat for Aspen Racquet Club Subdivision, Hook 11 at Page 55 s 2. The following easements or other agreements of record (or in his absence, shall be terminated and the chairman the Boce is authorized to enter into z } vice chairman) of such agreements as shall be necessary to terminate and } `' _... .. _ ._ r +« s -_ s'.I:f.:.�N �.>-i f.- .. .• - � _ .,i ! .f.�'-1-4'..'.8a�a�-._s..+.rM x-.•� •>fu... �.,, i _-5 �. \` _S:.l���fiYV 4MV<r .. ��ils. :31 in'..'�' ...\".1. '"i �T�'/!. �/sXirMiM,i1 ,:•4t+LLL'} Addendum D page 17 rr. r \ '�5,: 76 Roc i•.Uif P!, b +:y (fit 37.2 0336770 G�:'_`t/7l Ctark, D, j sitvia Davis, Pttt:tn Casty 1 Ali,: `,► M3b3258 t 1 /) /9:S u8: f.? kec $ 3,10.0if FW 730 FG 844 CIPrY., Dam s.00 1 _, Resolution Ho. 91-/ g,Svia Davis, F+tkin Cnty Page 17 extinguish of record said casements and other r ' - ogrep_ments: Book 343 at Pagc 120 Page 874 Book 408 at Book 408 at Page 887 Book 408 at Page 885 { Book 431 at Page 221 459 Book 530 at Page j Book 531 at Page 213 ;,•' J. The following is an inventory of the existing land use C'erahampi, which l>z approval rosolutione, for the Grand c resolutions shall, except as provided hecoln, continue footage j in effect together with all additional square and uses approved in this Resolution. }, Resolution No. 79-26, Book 364 at Page 96 Book 450 at Page 950 i Resolution No. 83-9o, I 4. Reforence is made to the lands conveyed to the county in at Page 897 which that certain Deed recorded in Book.333 the current AABC pedestrian trail• The is a portion of said county shall, by epeolal warranty. deed, convey liens or 1 lands to MCDC free and alear ,of any for a relocated AABC pedestrian '- encumbrances in exchange meets county approved`tral7 specifications. trail which " It is the responsibility of the Applicant to relocate and construct such trail. i S. This approval of the Pfister -Ranch/Golf application= the signing shall be vested in the -,!Applicant upon at•' n and shall run with -the land. No p !. )1 this Resolutiu other than Applicant (or any. 'person receiving an APPlicant's rights ( assignment of all or part of • hereunder) and the County (or the public by and through this Resolution. _ the County), shall be a beneficiary of 6. As relates to this specific development proposal, the ti Applicnt 0yearsfor benefits andiamenitiesSas s orecomtld !n the hall receive in}i futureIn ture 1 1988, 1989 and 1990 applications. 3 7. No excavation, demolition and/or grading permits shall is adequate legal y. be allowed until such time there an financial sgrenment with the City of Aspen for a `ry t j and i water supply, as approved by the County attorney. 8. No issuance of any building permits for the projoot adequate water ' shall be allowed until such time an ' supply is in place. ., , e � r i• T� ii ti .. `'r' �.,.._�...�.... �.� • .���:SIX'i.o�ii..'�aiu ai".•,._. wa.m .� - _..J. ,• < ._. -filSf�.r�SL-rGSilHnlvs�lwwxl.-.. ,ti Addendum D page 18 ! 1133672E t'r{'23/9i ibt26 R¢c f.UO D1; 6'.�;;,jl'G 373 Doc 4.00. Silvia DAva,-Pitkin Cnty Clerk, lfi ii@501Ut�On No.- i� `" J page 1.8 #J63=0 11Y 15/93 08:42 Rec 4,340.d0 EX 730 PG 845 f.U0 '• Silvia Davla, Fitkin Gnty Clerk, Doc xf. i byy b the Board"at its requlaY meetiriq on 11, nVPxOVED Y "Juri0 ,A 3J .3 1991. .•,r j DONiD -0Y COUNTY COMHX88IONBRB ? !; _ .OF PITRI14 COUNTY# COLORRIM lit•_. BY True, Yias- Chairman ate iJ ATTEST t ;i.. J anott�.Jone . �eputy.Count Clolek APPROY D`AB TO FORM Tiro b*Atr eitt, couri,yUSY wecIreso. pf isterdnew Ap ovED A9 TO CONTENT' Masyyas P1 ninq Dize or 114 ,hsf ... . . . . . ... IP EXIIIItI I'A r Addendum D page 19 Mkit 3P �4 INITY IC 500 2000 �j C' LO 0 100 0 3000 < ? fro l .16 A ZiLl -zz - A I n -J I 'jv Pla 0� z 0 A Gr I i a qp at. I Aspen t•Iss' 'i fell r. v nn MU 4 Aspen . ..... y&CL. A. I Z-11 To Maroon ilells &57 PS 324 silyja llavis, Pitkin Cnty Clark, Duc $-QID I P ^ 5.1 MAR 2 TY -i r4j GO•.j �04 t.�aI� A7u:1 ur'lat.3 ` Ii.eQ a!AI(_, Y i 9ZC �JJ LS9 "m 00*1 nau 9Z yl tb/i::/GO UZS9Lill1 ;. O t y xa • \ i f� `• If U m m Z o' a C7 U3 ti i OD In r.. d 0.� i7 vbed (1 wnpuou N (+ N O N N I;+ J � - N 0 a v pppp� N p� N N d a V � ` r (, O O O p = b U M Q N y •� N � 4� e Q' Q�~ j ro N/ a p Q Ep Q e v E - d, N U O Cc (C C I L i � � a K: qq pp e y A d A � �yy o EE o > > Iq m •�_ �- 01 1 z Il. EEEEF E > ' fJ S S R F- C �. cvoi-ivi ri M F E E w . -li`:`��r-�4�fK�tvi sSi4t,.�•. i+.--r,i4..." Yi n�'w,�a.'-.�ii _. s Addendum D page 22 1133Qt119 09/23/91 1513v Rec 4.O1. iK 657 PO 394 611vSa Davis, Pltkin Cnty Clvrk, Doc $.00 N AMENDMENT TO RESOLUTION NO. 91- < W �� �. OF THE BOARD OF COUNTY COMMXBBIONERB y •�' OF PITEIN COUNTY, COLORADO, URANTINO APPROVAL OF DETAILED SUBMISSION FOR SUBDIVISION, 1041 ENVIRONMENTAL .n fq !•; `'�', UAZARD REVIEW, SCENIC FOREGROUND OVERLAY REVIEW, PLANNED UNIT ell DEVELOPMENT, REZONING, SPECIAL REVIEW APPROVAL FOR n °� y RELOCATION OF THE ESNO RADIO TONER, LOT LINE ADJUSTMENT WITH THE ARU PROPERTY, GENERAL AND 7 DETAILED SUBMISSION TO THE "GRAND MENDMFHT" PORTION OF TUB APPLICATION AND Y AMENDMENT TO THE BUTTERMILK SRI AREA MASTER PLAN � a n FOR THE PFISTER RANCHI40LP APPLICATION w Resolutio0 No. 91-j[j- M •� b � l ` WHEREAS, on June 11, 1991, the Board of County Commissioners, .. haruinafter "Board", granted approval of Resolution No. 91-jj- �,1 WREAEM, at a duly noticed public hearing on August 7, 1991, the Board did consider and approve certain amendments to the x .f Resolution relative to square footage for structures on certain' single family lots, phasing of the construction schedule, GMQs allocations and employee housing. t NOR, THEREFORE, BE IT RESOLVED by the Board that It does r, hereby grant approval of the following amendments to Resolution No. E 91-1/1 1. 4guare Foot@fGaraagr$ ce. That portion of Resolution No. 91-J(f appearing at Page 2, Paragraph (b) relative to square footage of the approved free-market single family and tcwnhomes is amended as follows. 1 A. The square footage of the home on Lot 4 shall ?6�' be 6,000 square feet (instead of 10,000 square feet, as t previously approved). The square footage for the home � `�•teif t'i:i.L'. tdSt'36sI1N.+.+t�25i$,�!?�2i%'1"ait raa'l<4�aT=.).:. n„�.r�t'�.,"r�f'r'� .,•__.. ...t..., 4.� ��.. ,.........s.rtr: .c `.�;; - =� tea;` Addendum D page 23 �-0/91 IS:-39 {ter.Lr. 2.00 Dt( 6!�*:' )- o336729 05� .00 Silvia Davis, vititin crity Clerk, Doc 11/15/93 00:42 Rec S.-540.00 E'K 730 FG 850 Resolution No. 91--//Z SilviaDavis, Pit)ein Cnty Clerks Doc 4.00 Page 2 r on Lot 12 shall be 10,000 square feet (instead of 6,000 square feet, as previously approved). B. The Applicant shall be allowed to utilize 16,000 square feet of the 148,000 square feet approved for the townhouse structures on single family lots 4. 6- 11, 19-31, 40, 46-48 and 32-39. Accordingly, any home approvod for a maximum of 6,000 square feet may be Increased to a maximum of 6, 500 square feet in accordance with the provisions hereof and any home approved for a Maximum of 5,500 square foot may be increased to a maximum of 6,000 square feet in accordance with the provisions hereof. C. No one single family garage shall utilize more than too square feet of the 16,00o total square feet. Larger garages may he constructed utilizing any of the remaining square footage. D. No detached garages shall be allowed on lots 4, 6-11, 19-31, 40, 46-48 and 32-39. These lots shall contain attached garages. E. The. Applicant shall propose a method in the Subdivision Improvements Agreement for tracking the square footage additions and reductions noted in D * above. This tracking method shall be approved by the Planning Office at Final Plat. 2. phaminulcohalruction -Suhedpls, That portion of Ulu Resolution appearing at Page 12 in Paragraph 12 relative to the phasing and uonatruction schedule is amended as follows: A. The Board hereby approves the phasing and construction scheduled dated July 18, 1991 attached hereto, which reflects a total buildout of the project no later than 2001. 13. The Board hereby approves the interim landscaping plan dated September 21, 1990 as revised July 26, 1991. C. financial assurances shall be provided via the Subdivision Improvements Agreement for both the interim and the final landscape plan. 3. 9MUS ons. A. The Board hereby finds that the approved phasing/construction schedule for the Pfister Ranch/Golf development supersedes the two (2) year time period limit 7 t' r MAR 8 ?014 CITY OF A1(? N COWUNITY DR40 -- , 7. Addendum D page 24 1133G7s.1�0.1 23/91 15t 39 "fir f, 00 D R'57 PO 3P6 Silvia Davi„ Pithin Cnty Clert^, Doc t.00 ,p it3b-375H 1 J / 1 /9:' 08342 Fec i34O. Ot) N>:' 730 PG B51 Resolution No. 91- Page. 3 Silvia Davis, f'itkiti Cr,t.y Clerk, Doc $,00 for submission of building plans found in Section 5- 51o.8(a) of the Pitkin County Land Use Code. B. Based on the above finding, all GMQS j allocations previously or hereafter received by Applicant e shall be extended to, coincide and run with the approved phasing/construction achedula for the Pfister Ranch/Colt:". development.'': 4. Employee Ilousina. S = A. The Board hereby confirms its previous finding that in determining employee generation numbers, a credit 1 be granted to Applicant for the existing commercial k. structures on the project site that are being replaced. Based on this previous finding, the requirement in the Resolution that the Applicant provide 40 employee units (i.e., 39 rental and one sale unit) is unchanged. 5. Amendmentto PUD plan. A. Attached hereto as Exhibit "A" is a modified Shoot No. 1 captioned "First. Amendment to Pfister Ranch/ Golf PUD", dated September 1, 1991, which evidences the 1 amendments to the Resolution described in paragraphs 1A ! and 1B above, 4 1J1i "f APBROVED by the Board at a special meeting on August 7, 1991. SOMW OF COUNTY COMMI8e10HERs OF. PITKIN COVNTTYY,�COLORADO By a, True, vice-chairman ATT ST1 t* �$z9A "ee- 19i 1441 eanstts Jon , Deputy Coup Clerk APPROV O AS To l0 t APPROVED AS TO CONTENTI Time Mitmitt, y Mg , si', u•f coon y t rney Pla ing ka for baccreeo.pfisteramend •.'ti�;!,'.`r:�r.�FfixlC►���tr�_.., • ,s.::,•.r ., ... +t'�'.• a.�+�1 , :+".Ypss.. IQ6,125U 1 1 / 15/93 ify; 42 Rec $3415- 00 6K pG 853 ;tivia Davis, Fitkin enty Clerk, Doc $.Oo w � Exhibit A A DESCRIPTION OF THE WATER MAINS AND RELATED FACILITIES REQUIRED FOR THE PROJECT WATER FACILITIES Service Area { Maroon Creek Ranch consists of a low pressure water zone and a high pressure water zone. The low pressure zone is serviced by the existing TiehacY water storage tank and generally consists of those orti f th P t hi h p ons o e rojec w e are north of Highway 82, including the existing Maroon Creek Club (f/k/a Grand Champions club) and proposed employee housing and town- houses. Other properties currently serviced in this lower pressure zone include the Pomegranate Condominiums and the Aspen Country Inn. The upper pressure zone will consist of all of the development at the base of Tiehack. Other properties which will be served by this upper pressure zone inolude Eagle Pines, the ARU facility and, potentially, the West Buttermilk area in the future. Existing Facilities The lower pressure zone currently has a large diameter waterline which runs parallel with Highway 62 and continues down valley to the Aspen Airport Business center. This line is connected to the Tiehack tank by a line which generally parallels the existing Tiehack Road. There is a water main which crosses Highway 82 and services the existing Maroon Creek Club. The upper pressure zone is currently serviced by a pum station located just below the Tiehack tank with a water pain which extends across the Buttermilk Ski Area to the Eagle Pines Subdivision. Water infrastructure currently exists within the Eagle Pines subdivision. Proposed Facilities The lower preseura zone will be serviced by a looped line off the Highway 82 main. This will require an additional crossing of Highway 82 and a looped system through the employee area back to the existing Highway e2 crossing. In the upper zone, water infrastructure will be completed throughout the housing areas at the base of Tiehack. Addi- tionally, a waterline will be extended along the West Butter- mil4 Road to a new proposed 0.675 MG storage tank. 1c77.1 zst �r2., 1 Irz.7.. •t .c j: L'— E<hibit B 5 !,t�',�-`��!�`��;1 MAROON CREEK RANCH ` �- ,'� WA7 ER SYSTEM :. Ni>i���.uEX{STING WATER4.INfi Lt`�"�''' ''` .�-' ' ',`"\\�,``:•:````.,` �`•. 1'• � � WATERUNf wartwaaaruan P120POSF sly, �` •/ � , s ��'� �....— t• ' � �' re •'\ �� ' 1 4 tp t'B RJITI E PROPOSFO -i Xi5flNG 75 'tu4G TAN 2G,t4G TANK { f��f O r Ej(ISTING` .• � � t � , l � PUMP TtoN {; ra r f c. N?63258 11/t:i/43 08J42 Rec $340.00 &C 730 YG e55 Sllvta Uavia, Yitkin Casty Clerk, Doc 6.00 Exhibit C SOON CAEER CLUB i- �; f... i WATER DISTRIBUTION 8Y8T8N DESCRIPTION AND�CONUTAUCTIOH PHASING 8CH60�LE ,• " 1003 CONSTRUCTION SCHEDULE 4` i 7/19 - 9/1/93 Approximately 460 LP Of 24" DIP waterline will '•"- be relocated at the proposed Highway 62 under- pass, and will tie back into the existing 24" line East and West of the underpass, Tie in will include a 24" butterfly valve at both r _l ends of the relocated section of line. j 7/26 - 9/15/93 A new 8" waterline will be installed along the �! new Tieback Road beginning at the pressure reducing valve vault to be constructed at the f base of the existing Tiehack reservoir, and running South to the new Tiehack parking lot I`} ,.� No. 2. This phase will consist of approxi- ; �r nately 2200 LF of waterline, with the remain- der to be installed in 1994. CUFF 2994 CONSTRUCTION sCHEDULB = 5/1 - 6/30194 Following the opening of the Highway 62 under- " pass construction detour, a road out will be { S made crossing the highway and approximately 90 1 LF of 12" waterline will be installed at the new Stage Road/Highway 82 intersection. The r 12" waterline at the club area will then be 1 V completed with the installation of appresi- ,� mntely 2600 LF of line. The line will tie into the 12" section previously installed across Highway 82, and follow Stage Road North Y' and West to the employee housing area. It i will then turn South and East to connect to the existing 8" waterline which currently ; a serves the Maroon Creek Club. 6/1 - 6130/94 Installation of the 8" waterline along Tiehack "( Road begun in 1993 will be completed with ,. construction of the remaining 1600 LF from lot' 13 to the cul de sac at the end of the South �}•; . bench. dam: 5/1 - 9/15/94 A new underground water storage tank of at least 675,000 gallons will be constructed at :a":.7?:�s2�IN["r4:d..J+siarwR. s•:. JZST+Lti.`:w'it•..�..+lwsxJ}.'.r.v.t_.I,Fadt�y�.},.�c`\ics.�rt-.:•n�:�"-iJ'e'Y :ti"•Y+,•.R.:..,.. ��i - � �. .i. .. _ 43632yg 11/15/93 " 0814'L fier, f:i90. 00 BK i.� FG BU Silvia Davis, Fit; -in CntY Q.1,rk Dot t,00 } Exhibit C�- i page 2 ,. F. W °A�TE�RDa�r= r•. � �IBT"�Y{�# is _`.{ Ylih�lllio ecxaDn3; , 1924 CONSTRUCTION SC$dDULE ' ':! (cost"d) ^i West Buttermilk with the cost thereof to be paid by PEG II. The City may "= .X=l - elect to in- creaee the size of the same by up to 400,000 ;1 additional gallons, in which case the City hall pay all incremental costs a sttributable to said increase in size. 6/30 - 8/25/54 This phase involves construction of approxi- G •,• ... ?, ,�;• nately 2,000 Ltr of 12" Waterline froia the exist n line at ha le pines: i 4 9 subdivision to f r' �`- the new storage tank at West. Buttermilk. I 6125 - 10/10/94 Construction of ah. go Va•:Arline beqLnning approximately 206 feet South bf,ths intersec- tion of the now TieAdak:Road: and, Printer Orive and including eaaooi'ated;aul'Qa _sans will run ! Northwest to tht_eul ds.'4m at -the and of the North bench and will complete waterline con- struotion forNthe` projeot:�" This lest phew involves instal2aiion.'of ,appkox1Xft*ly 4,500 LP of waterline. The eoaatruetion Schedule is-4op4adeat>oft an'*sinaad start data of Julp 3s, 1993, and is subject to 4•pelvpiay oa ,chiiage when final approvals are obtained sad psraita_iaatiad. .i jo77.1 e 1 2 f 'a t. 1 1 / 1',_:/`l3 1.160 'l2 Rnc y:140, 00 bK 730 PG 857 Silvia D•z3i5, Pit,:in linty Clerk, Doc 3.00 -� E`:hibit D F.STIMATE0 GROSS WATER REQUIREMENT (GPD) AND WATER FLOW REQUIREMENT FOR IN -BUILDING USE AT FULL DEVELOPMENT, AND ESTIMATED POTABLE WATER IRRIGATION INCLUDING THE GOLFCOURSE)TOSBE IRRIGATED `.71TH POTABLE WATER , INCLUDING NUER Olt ACRES (N� irrigation Nater Demal3ds irrigation requirement: from the potable water system for approxi- mately 20 acres of lawns, trees, and shrubs are estimated to be 47.21 acre-feet per year. The average daily demand in July is estimated to be 130,100 gallons per day (gpd), and a peak day demand in July of approximately 260,000 gpd. The potable irriga- tion requirements are summarized on the attached Table 7• The irrigated areas ari, based upon the landscape drawings in the Detailed Submission Plan (revised 8/30/91), single-family lot restriction (4,500 square feet lawn), and manicured area estimates for Townhouse, Employee, and Maroon Creek Club areas. The estimated irrigation requirenents assume 70% irrigation efficiency. In -Mouse Water Deman4s The in-house water demands for the project are estimates to be approximately 3 estimated to be20,0000 gpd and the peak day demanddaily isapproximate- ly 240,000 gpd. The development is estimated to require approximately 475 Equiva- lent Capacity Units (ECU). The Aspen Code does not define water use in terms of ECU- In addition, the Aspen Water Department does not have a water use per ECU relationship. We have estimated the in-house demands from the following assump- tions. The in-house residential erdemandsThe clubhouse demandwispeople based per bedroom and so gpd p person. upon 100 gpd per visitor for 300 visitors; the Restaurant at l0 gpd per customer for 500 customers; and the Ticket Office at 10 gpd per visitor for Soo visitors. Grosa Water g"uirenents The gross water requirement of the Project is estimated to be approximately 165 acre-feet per year and is sunaaarized on a monthly basis in Table 2 below: E r•7. .'ROW 1111kiat 0:36:325E3 11/15/93 08142 Rac $340.00 BK M PG GM Silvia Davis, Pitkin CrAy Clark, Doc $.00 Exhibit 1) A page 2 Summary of PRO 11 Project PotableTiatsr Reaujraiants `tm; (Acre -Feet) DomostiC Month In -House Irrigation Taw January 11.42 ...... 11.42 February 10.31 10.31 March 11.42 11.42 April 11.05 ------ 11.0s May 11.42 6.72 18.14 JUA* 11.05 11.19 22.24 July 11.42 12401. 23.43 August 11.42 9.16 20.58 Septeabor 12.05 6.52 17.56 ®R October 12.42 13.05 November 11.05 11.05 ­ %Rt. De;aaabor IL&AR 134.43 47.21 191.64 The total. average demand Isapproximtely.220,000 go during the , winter and 210.000 glid.. dur.inq,, the. musimarThe peak daydemand-il during the summer is astisati mAtely-500,000 9PI. A Vf 107.3 a w, .�Uls ; 07/08/93 f>3:00 WkLEY 8 UPNDMEW fl02 of/aa/N Ohll 0303 LDS 6941 9 O v INC �eOl k36:.2�ti 11; 15/4.3 06:42 Re, S.140,00 NV:. 730 FIG 860 Silvia Cavil, c'itkzn (.nty Clerk, I)cac f.00 N -- Exhibit E FIREPLOW PAOVISIONS, MCUDINa LOCMION, SUE AND DE9CH MON OF PfRMOW STORAQG TO SERVE THE P30JKT AND THQ PHOdeCt AROPp M iLO tmi man sWuL d WM bo tba A= ud dko =qWm &$ flour ADMO aW da mgwmd active *Dmo<a. ma mgolcvd Gm now rmp wV1 ba bomd oa dko 1991 liaLbxM M 1; 0 , Appet dfit ll1- A. lb* as Ya dAXW WM be Lvmd M do yakt dwtaad in The lyum and WM bo Oqual 10 am dma d4 avow dq drmaad Genoa PAslzz BAm; lGvdf Obe and Ar WAW Oernral SubmWiOa, July 1,1989, Wdsfie Waict taylaom, Dr— mpm dated luau 24, IM, a1 *04d at Appcoax A-4). A1�2� An esdtnued Oplmdroi atiatary =U (EM fX " UWK aocviuO soar is u f UMM EPM,►,W to, UPPIM SOME ZONE t"y �► :,W Maims sOJ Mal /a1 IOLa7� 71 jfMtX UWLX Vdt - _- _ 1 f 7 Ml "low ►k+l aw.:w Owi, ok& aM S 1% b 4. n ryp Q cY .Z014 Op . rYpc���UPF�y ��NT -\'Tl\►��'�`1GIi�£i��S.�Eal..f. -. r ftfe2: - y:. .p�;. - •-: `� i .:.. .'��F1L fifl's`1V'Yi1ldf�lrt�'f�a'��� 07i0B/9 3 09, 00 1 A U-y & L*MERLO�F 003, r r M363756 11/1 /Yti OU:42 Rec. $31p,00 GK 730 PG 861 Silvia Davls,-Fitkin Cnty l:ierkr Dot. $,00 Exhibit E page 2 19a[ pwpnw of dtatIptos d o wtAw #amp task, ckh BM has bma C*WVed to OqW $4O ad baaod as hs-haw uc and kwa lrtfppdoo r$gAnw=IL Tbo po13vwft Ibb �amma�a dr agohed swnyoc i Aott� tNoop �quioomaat M=4ftl C•a.k Club 16ty7oo 4KIM FIM FkM sy m AB tho aoth al 3taooe CMk Q* wM be apdWdML Ma ar, fim b �piCt� b610d on the U4tod unit b&4 wvW, tbsOb a IDAW apos 2 t �Eo�b cwld�tt0a Hurd m Tbia A -MA -I of dO W&ROW ONo024 the AM &W Waft aO"shk muted go Saw cduattoa of SQ% fOf q I I' b MGM U a 2-hoor flaw dmdw ft a tool soap ntubam a of IIQ QW Son= % oa the ebm &dp pk&kw s% 0» $Nap logdtafflW IN M V#W prawn no is 1�o]Uv r.c� 4athaiirna lar...,.. 1�1�A b4WOMOr**ar +M.uo 114a0o fM.M %Lod an tba fir. it 12 rouommt kW tic a *$W L tiuk of M'M p M be amstiaaad tot hhroaa CM& CbTb.. The lower service zone representing the balance OeTe Project and Project Areh not described in this exhibit shall haves its fireflow requirements served by the existinq Tiehack water storage tank. r 0 0 , rJ4".s=.�r:•,`k�l•:_,�AiC E,west. * a.sa . tf : cr.�.: .. _Jj'- ....' ._ i61+�ii►a�lrliOr�i�fkti�+'�. ! 7� 0.363260 11/15/93 1)e:42 Rec $340.r10 PK 730 PG 862 Uilvia Davis, Pitkin Cnty Clerk, Doc 3,00 Exhibit F — i ANY OTHER CIRCUMSTANCES AFFECTING THE COST OR TYPE OF CONSTRUCTION REQUIRED FOR THE WATER RAINS AND ASSOCIATED FACILITIES TO BE CONSTRUCTED PURSUANT TO THIS AGREEMENT OTH 1. Exhibit B shows the existing and proposed water system for Maroon Creek Ranch. The water system is based on an agreement with Mr. Art Pfister for a location of a Water storage tank near the existing maintenance facility at West Buttermilk. It is assumed that this location will be acceptable to both the City of Aspen and Pitkin County and that a 1041 approval will be obtained for construction at thin location. An alternate tank location would affect the cost of water system improve- ments, but would not affect the sizing of those improvements. 2. As -built drawings of the Project, including the water system and all other utilities, shall be provided to City on repro- duceable sepias with a maximum size of 24" x 36", and on an "auto cad disk data transfer file" tied into one (1) set of state plane coordinates. 3. Without limitation,. PEG II and/or Pfister shall provide City with the following design drawings in sufficient advance time prior to construction so that City may review and approve same. - Details of new tank construction, size, controls, elevation and location. - Details of the connection pipeline from the new tank to the existing municipal water system. - Pressure reducing valves pertinent to the new tank and connecting pipeline. - Pump station modifications, inoluding controls, telemetry and electronics, resulting from the new tank. - Infrastructure at the base of Tiahack. 4. PEG II's and/or Pfister's registered professional project engineer shall inspect and certify the docign and installation of all water system lines and facilities to be constructed pursuant to the Agreement, jc77.4 f -_...... ._... -...riuvLcariwcac3kNw�r•/.wi:a.:.+i14.o.r•rn rs:�.:tw �;.{�!4 .-YLk y�i-.:�.#Ai:�e..�::s.•'.'i✓..., 0 JLL-(47-'93 WED 13145 ID: TE, W: 13377 P02 # b ! I ' JY-1 : 4 L ket: '1340. 01) b; 730 Pc- 863 St Ivi 3L Davl�. Fif I: if. U10-Y L!'1­ DOC F;xhiLjg i t i ICU Conutations ')Ui. Frojeat property The Detailed Submission Plan for the rroject requires an estimated 393 ECUs, as oilan&rlzed In Table i belaws Estimated NCUB Detailed Subalmajoa Plan for Project ICU tLu Z:R6 of Use Effuivalftnt ECUs 32 5,500 to 6,000 Sr Single -Family 3.75 120.0 11 10,000 OF Single -Family 515 60.5 29 liahack Townhouse 2.a 7215 a Club Townhouma 2.76 22.0 12 Lodge unit 1.0 12.0 13 1 Bedroom "ployes unit 1.4 10.2 13 2 Bedroom ftployee Unit 1.75 22.76 13 3 1Mdre4in Msploye* Unit 2.0 26.0 1 4 Bedroom Watnis Unit 2.5 2.5 Clubhouse (300 day visitors) 0.05/Vioitor 15.0 Restaurant (200 seats) 0.08/seat 16.0 5 Satellite RoWooma 1.0 5.0 Ticket Office/RoetrOOUG 2.0 2.0 Total 394.45 The estimated ECU equivalent for each type of use is based upon Section 23, Article iii, water Service, of the Aspen Municipal Code. Section 23-44 of the Aspen Cods provides tables for deter- mining the ICU rating based on the number of bodroo", bathrooms, kitchen, laundry room, outside irrigation, etc. The estimated zcu equivalent Le based on the following assumptions., 0 StSOO to 61000 SqUaZa loot vingle-family - 5 bedrooms, 5)1 baths, large kitchen, laundry room, hot tub, swimming pool, and 5,000 square rest or irrigation. 0 10,000 square foot single-family - 3 bedrooms, 5j "the, large kitchen, laundry room, hot tub, 10,000 gallon swimming pool, and 5,000 square foot of irrigation. This lot has the right to apply for an eaplo &a housing unit (2 bodroomA, 2h baths, kitChan, washing machine). 0 71ahack Townhouse - 4 bedroomst, Al baths, kitchen, laundry room, hot tub and landscape Irrigation. Ae- -' -n1L-07-'93 WED 13:45 IDl 7Et roe: a377 f'03 Ii3'3:: `Sr. $ SY, i 1 i 1S/9S tiE: 4.: tt r S., �iq Leh l30 FG So 4 U:t'J> ;F'7 tP 11ty 1:1urk, DOC'Irk Exhibit G k:1 peaye 2 • CIub roMnhauso - 4 bedrooma, bk baths, kitchen, laundry room, hot tub and landscape irrigation. i. .,.. • Lodge Unit - 1 bedroom, 1 bath and bar sink, • drop1oya0 Noucing - 1, 2 and 3 bedrooms, 1 bath, kitchen, washing machine and landscape irrigation. J' • Hathle Unit - 4 bedrooms, 2k baths, kitchen, laundry room and lsndsospe irrigation. • Clubhouas - Snack bar, pro shop, halfway house, &bowers, lock- era and sanitary facilities to meat the needs of up to 300 viaitors per day. • tceetaurant - 200 seat addition to the existing Grand champion& Club, • Satellite k0str0028 - 2-teilat, 2-&hilt facilities looatad throughout the golf course. a' : • Ticket Office/Roatrooma - Tieback ski facility with man and worsen restrocas serving up to 70o visitors per day. 1 j The Pfister Property Il woult! require an estimatad 49 ECUs summar- ised in Table 11 baloWr JIMUMtodJ< ter pro rty Ir Ar apay %. �.` Jflisbar Tvae of 6 UP to 15,000 8r Single-7ram31y at 7 35 buttermilk West w/ employee unita •: 2 Up to 15,000 or Single-ramil,y at 7 14 Tie -Hack Total •- _ 14 49 _ Assume& hues• w/ 5 bedrooms, Sk baths, 2 kitchen.&, 4,500 Sr Irrigation, avizlnirlg pool, hot tub oversized whirlpool tube, and one employe• unit v/ 3 hadrooma, 24 baths 2Y6 above SCU oaaepuCatioss were based as cpmPu4tlosa prepared by Wright Meter aaSidesse, s■ est forth 1s letters dated May it, 1913 (:erleed Juaa 10, 1993 sad July D. 19N), sad June 30, 1993. Sheas anns"tatiers do wet la.alade uwtinngqeaoles, Or 2=0 al204eted t4 esietiaq strueturee •a either the rraj.vt Property 4r the ,faster *rarartt 71. s`ll•.-:`:; 1 0 • Minor Amendment to the Arthur 0. Pfister Fully Developed Lands Subdivision Exemption Intent: The intent of this minor amendment to the subdivision exemption is to clarify the zoning and regulation hich applies to these sites. We would like to see Lot 2 and Lot 3 ofthis subdivision exemption treated as t) pical lots within there zone district, forgoing any previous entitlements in favor of the current code as it changes from time to time. History: Lots 2 &3 of this subdivision exemption were created in conjunction with the Maroon Creek Club (MCC) for Arthur Pfister himself as he worked on the creation of the MCC. Arthur strove to keep these lots separate for himself along with Lot I which was donated as a site for a water storage tank for The City of Aspen. For this reason the lots of the exemption were kept separate from the MCC's subdivision and its PUD. This created an island of land within the MCC which would be under typical county purview rather the the MCC PUD and its regulations. Seeing this as problematic to the consistency of the MCC design ethic, Arthur agreed to link the lots of the exemption to the MCC design review requirements (Master Declaration 5) while maintaining regulatory autonomy. The lots of the exemption were created as part of a required Pitkin County 1041 Review process and the water service agreement from the tank parcel donation. In an attempt to preserve the rights granted in the 1041 Review the 1041 was in part incorporated into the Exemption Plat and recorded with Pitkin County. Later the entire subdivision of the MCC, and subdivision exemption for the Pfister lots and the water tank were Annexed into The City of Aspen. Ordinance 40 of96 attempted to take in all of the previous approvals and non -conformities and even allow specific definitions to remain. This has cause some confusion as to what can be done on the exemption lots. It is the intention of this amendment to clarify that confusion. Explanation: Ordinance 40 of 1996 is attached for referencer. The annexation and rezoning of the Maroon Creek Club Subdivision and the subdivision exemption appears to include the exemption lots in the annexation in the first Whereas of the ordinance. I lowever, in the second whereas the exemption lots are left out and the subsequent links to the previous Pitkin County approvals and definitions seem to be lost to the exemption lots in this portion of the annexation agreement. After the previous approvals and definitions are done being enumerated the exemption lots are specifically referenced again as the rezoning is prescribed. Reading this Ordinance in this way leads one to believe the the exemption lots along with The City of Aspen's Water Tank parcel fall completely within The City of Aspen's code without the subsequent approvals of the Pitkin County nor its definitions. This would seem to make sense as "I'he City of Aspen would not want Pitkin County definitions and code sections regulating it's Water tank. The Subdivision Exemption Plat has a number of notes that make this problematic. The notes specify Floor Areas for each of the lots as defined by Pitkin County which is is no long a part. Lot 3 being 4,000 SF with a provision which would allow up to 5015 SF with special review, under which code? Lot 2 is allowed at least 6455 SF with the ability to expand based on Pitkin County Code and the 1041 Process. The difficulty with administering these notes is many 101d. The 1041 process has been eliminated by Pitkin County in favor a a new Site Plan Review Process. 'fhe Pitkin County AR2 "Lone that would allow us to recalculate the allowable FAR of Lot 2 has become The City of Aspen RR Zone. Which rules or zones should be used to calculate the allowable area of any new structure'? Which definitions should be employed for the measurement of Area? How will The City of Aspen administer the Pitkin County regulations? Which reviews if any now apply'? Should we resurrect the 1041 process and have the City of Aspen administer it'? Proposal: Record an Amendment to the plat of the Subdivision Exemption whico removes all of the subsequent approvals and supplants it with the current City of Aspen regulations as the change from time to time. Rather than trying to untangle all of the convoluted agreements and exemptions which 'Arthur Pfister ,granted himself while donating much of his land and subdividing the rest, we suggest cleaning the • ate and using; the current code. You will find below that the development impact of the lots is relatively chak6d Pygltw. amendment, but it would allow far a typical review process rather than a long and complicated negation about ifdt all the ClFJ�1����% agreements may have meant. This will not remove our requirement to comply with the design review standards set firth in Master Declaration 5 o1'the MCC and we acknowledge that and have included this on the plat amendment. Development Analysis: Lot 2: County Development County Zoning: AR2 Lot Area: 104.618 SF FAR: Current 6,455 AR2 allows up to 15,000 with GMQS (would county GMQS limitations apply?) FAR Exemptions: 4,000 SF Basement, 750 SF Garage, Overhangs up to 8 feet, Decks up to 15% Lot 2: City Development County Zoning: RR Lot Area: Net Lot Area = 49,891 SF (See attached calculation page) FAR: 6,588 SF (See attached calculation page) FAR Exemptions: % Exposed Basement, 375 SF Garage, Overhangs up to 30 inches, Decks up to 150X6 Lot 3: County Development County Zoning: AR2 Lot Area: 87,293 SF FAR: Current flat 4,000 SF, Special Review 5,015, AR2 allows up to 15,000 with GMQS FAR Exemptions: 4,000 SF Basement, 750 SF Garage, Overhangs up to 8 feet, Decks up to 15% Lot 3: City Development County Zoning: RR Lot Area: Net Lot Area = 26,747 SF (See attached calculation page) FAR: 5,202 SF (See attached calculation page) FAR Exemptions: % Exposed Basement, 375 SF Garage, Overhangs up to 30 inches, Decks up to 15% The above grade development right including garage exemption: • Lot 2: 7,205 SF County and 6,963 SF City, assuming we would not be able to use the calculated AR2 FAR of 15,000 SF • Lot 3: 4,750 as platted and 5,765 SF with special review in the County and 5,577 SF in the City • Assuming the most restrictive County number the total above grade development is 11,955 SF • Using current City regulations the total above grade development is 12,540 SF The City currently has a code revision pending which will reduce the exemption for the garage space by 75 SF for each lot, and given the mass and scale implications of the 30" overhangs vs. the 8' overhangs it looks like the development impact ofthese site will remain very similar. This is also assuming the the larger county numbers can not achieved in the future through review procedures. It is our belief that this change would go a long way tox%ard cleaning up the annexation approvals while having minimal impact on the development allowed on these sites. 0 • 511 Lazy Chair — Adjacent Properties within 300 feet of Arthor O Pfister Exemption Lots 2 & 3 Author O Pfister Exemption Lot 1: I D#: 273511302801 City of Aspen Attn Finance Dept 130 S Galena St Aspen, CO 81611 Lot 48: ID#: 273511309048 120 Pfeifer Place Bravura LLC 533 E Hopkins 3"' Floor Aspen. CO 81611 Lot 47: l D#: 273511309047 110 Pfeifer Place Bravura LLC 533 E Hopkins 3" Floor Aspen, CO 81611 Lot A-D ID#: 273511209053 Maroon Creek LLC 10 Club Circle Aspen, CO 81611 Section: 11 Township: 10 Range: 85 Parcel of -land in NE4SW4 of SEC 11-10-85 DESC BY M/B ID#: 273511300004 Kathryn A Finley 550 Lazy Chair Ranch Road Aspen, CO 81611 603 Maroon Creek Road 110: 273511300005 S&J Investments 11 LLC 222 N Lasalle #800 Chicago, 11- 60601 Lots I I,J,K,L.M.N,P,Q,R.S & Roads ID#: 273511209055 Maroon Creek Club Master Association C/0 .loshua and CO 300 S I lunter St Aspen, CO 81611 Lot 46: ID#: 273511309046 100 Pfeifer Place Crossgates LLC 533 F. Hopkins Ave Aspen. CO 81611 511 Lazy Chair — Adjacent Properties within 300 feet of'Arthor U Poster Exemption Lots 2 & 3 Author O Pfister Exemption Lot 1: ID#: 273511302801 City ol'Aspen Attn Finance Dept 130 S Galena St Aspen, CO 81611 Lot 48: ID#: 273511309048 120 Pieiter Place Bravura LLC 533 E Hopkins 3"' Floor Aspen. CO 81611 Lot 47: ID#: 27 3511309047 110 Pieiter Place Bravura LLC 533 E I lopkins 3"' Floor Aspen, CO 81611 Lot A-D I D#: 273511209053 Maroon Creek LLC 10 Club Circle Aspen, CO 81611 Section: 11 Township: 10 Range: 85 Parcel of land in NEASW4 of SEC 11-10-85 DESC BY M/B I D#: 27351 1300004 Kathryn A Finley 550 Lazv Chair Ranch Road Aspen, CO 81611 603 Maroon Creek Road I D#: 273511300005 S&.l Investments 11 LLC 222 N Lasalle #800 Chicago, 11, 60601 Lots l-I,J,K,L.,M,N,P.Q,R,S & Roads ID#: 273511209055 Maroon Creek Club Master Association C/O .loshua and CO 300 S Hunter St Aspen. CO 81611 Lot 46: ID#: 273511309046 100 Pleifer Place Crossgates LLC 533 E l lopkins Ave Aspen, CO 81611