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Home My WebLink AboutLand Use Case.10 Club Cir.0058.2014.ASLUA0j THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0058.2014.ASLU PARCEL ID NUMBERS 2735-142-09-001--2735-142-09-005 2735-142-09-006--2735-142-09-012 2735-142-09-016 2735-142-09-019--2735-142-09-040 2735-142-09-041--2735-142-09-045 2735-142-09-046--2735-142-09-048 PROJECT ADDRESS 10 CLUB CIRCLE — MAROON CK CLUB SUBDIVISION PLANNER JENNIFER PHELAN CASE DESCRIPTION PUD AMENDMENT REPRESENTATIVE HAL DISHLER / WILLIAM LUKES DATE OF FINAL ACTION 09/19/2014 CLOSED BY ROBERT GREGOR ON: 05/22/2015 } '= IJ.Aspen Land Use CLUB CIR FOR A PUD AMENDMENT FOR THE Iw1AROON CREEK CLUB SUB LUKES 970 M3 5025 1611 () 05-T • 2c)t tp. A'3L-LA Last name First name Phone (1 Address 5 C4G f� 3/t 8? 4 �c, S-sv - co DEVELOPMENT ORDER 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. Property Owner's Name, Mailing Address and telephone number: Maroon Creek Club Master Association, c/o Joshua and Co. 300 S. Hunter, Aspen, CO 970-920-1776 Legal Description and Street Address of Subject Property: Lots 1-12, Lot 16, Lots 19-48, Maroon Creek Club Subdivision and commonly known as 1162, 1200, 1201, 1205, 1230, 1360, and 1470 Tiehack Rd; 190, 196, 268, 280, 285, 316, 3313 340, 353, 366, 386, 651, and 691 Pfeister Drive; 100, 110, and 120 Pfeifer Place; 61, 86, and 120 S. Meadow; 15 and 26 S. Willow Court; 31, 45, 71, 75, and 81 N. Willow Court. Written Description of the Site Specific Plan and/or Attachment Describing Plan: A Planned Development Amendment allowing the landing of Transferable Development Rights (TDRs) on 43 lots within the subdivision via Ordinance No. 26, Series 2014. Effective Date of Development Order: September 18, 2,014. (Same as date of publication of notice of approval.) Expiration Date of Development Order: September 19, 2017 (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 19"' day of September 2014 by the City of Aspen Community Development Director. C-hris Bendon Community Development Director City of Aspen i AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: M arDO-n Cr-mk C" Aspen, CO STATE OF COLORADO } ss. County of Pitkin ) I� .�, (name, please print) being or repres rating an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice •rIequirements 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 copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of fie- je , 200 by ��,�Q� �c�-�► PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given !o the general public of the approval of.a site -specific development plan, and I the issuance 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 followingg-described property Lots 1-12, ' Lot 16, Lots 19.48, Maroon Creek Club Subdivi I sion and commonly known a1162, 1200,'1201, 1205, 1230, 1360, and 1470 Tis ehack Rd; 190, 196, 651 and'6910PfeisterlDrive;l and 126 100, 110, and 120 Pfe fer Willow Court; 31, 45, 71,n75aand 81 N. Willlllow ( Court. The approval grants a Planned Develop 1 ment Amendment to the Maroon Creek Club Sub division allowing for the landing of Transferable p Development Rights (TDRs) on 43 lots within the subdivision. The approval allows 10 lots to land up to 3 TDRS or 750 sq. ft. of Floor Area and 33 lots' to land up t02 TDRs or.500 sq. ft. of Floor Area. For further information contact Jennifer Phelan at the City. of Aspen Community Development Dept., 130 S..Galena St., Aspen, Colorado. (970) 429-2759. , City of Aspen ' " Published in The Aspen Timiss on September 18, 2014. Published in The Aspen Times on September 18, { 2014.(10558168) - WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary P lic ATTACEMENTS: COPY OF THE PUBLICATION V; f� RE(:EPTIONM 614783, 10/23/2014 at 11:24:24 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 26 (SERIES OF 2014) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE MAROON CREEK CLUB SUBDIVISION AND PLANNED DEVELOPMENT THAT APPROVES THE EXTINGUISHEMNT OF TRANSFERABLE DEVELOPMENT RIGHTS ON FORTY THREE LOTS WITHIN THE SUBDIVISION LEGALLY DESCRIBED AS LOTS 1 -12, 16, and 19-48 Parcel IDs: 273514209001-273514209005, 273511309006-273511309012, 273511309016,273511309019 — 273511309040,273511209041-273511209045, 273511309046-273511309048 WHEREAS, the Community Development Department received an application from the Maroon Creek Club Master Association, represented by William Clinton Lukes Architect requesting approval of Planned Development Amendment to allow Transferable Development Rights to be landed on 43 lots within the subdivision; and, WHEREAS, the lots permit the development of a single family residence on each lot and the lots are located within either the Moderate-Densitv Residential (R-15A) or Rural Residential (RR) cone districts; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the request; and, WHEREAS, the City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director and has taken and considered public comment on September 8, 2014; and, WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the application, encourages the preservation of historic resources; and, WHEREAS, the 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 THAT: Pursuant to the procedures and standards set forth in the Aspen Municipal Code, the City Council hereby approves amendments to the Maroon Creek Club Subdivision and Planned Development as noted within this ordinance. Page I of 3 Section 1 • General Development Approvals The Maroon Creek Club Subdivision and Planned Development .is amended to allow for the landing and extinguishment of Transferable Development Rights as noted in Table A, below. T bl A• Allowances for Transferable Development Ri Yhts a e Existing . Permitted Max. Allowable Total No. of Lots permitted Allowable Floor number of Floor Area with TDRs to. land TDRs Area for the lot TDRs per lot the landing of TDRs 10,000 sq. ft. 3 at 250 sq. ft. 10,750 sq. ft. 30 1,3,5,12,16 of Floor Area and 41-45 each or 750 sq. ft. 6,000 sq. ft. 2 at 250 sq. ft. 6,500 sq. ft. 50 2,4,6-11, 19- of Floor Area 31,40,46-48 each or 500 sq. ft. 5,500 sq. ft. 2 at 250 sq. ft. 6,000 sq. ft. 16 32-39 of Floor Area each or 500 sq. ft. 96 Section 2: 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 Planning and "Zoning Commission or 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 an authorized entity. Section 3: 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 4: 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. 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. Page 2 of 3 Section 5: A public hearing on this. ordinance shall be held on the 8`h day of September, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the l l `h day of August, 2014. 1 Att inda Manning, City Clerk Steve Skadron, ayor FINALLY, adopted, passed and approved this E) day of, 2014. Atte t: mda Manning, City Clerk Approved as to form: cs R. True, City Attorney Steve Skadron, ayor Page 3 of 3 Regular Meeting Aspen City Council September 8, 2014 Ordinance #28, Series of 2014 — 518 W Main Street — Subdivision Amendment Sara Adams, community development, told the Council this is a 100 percent affordable housing project comprising 11 units. It was approved in 2011. Peter Fornell the owner, requests an amendment to the ordinance to section 8 to allow owner selection of one of the units to a qualified purchaser. Any subsequent purchasers would have to go through the lottery. Staff is recommending approval. There is nothing in the land use code that restricts the developer from selecting the initial purchaser. APCHA is also supportive. Second reading is scheduled for September 22. Councilman Frisch said he was on Council when this was originally proposed. He said in the past some amount of projects have been like this. He said overall it is a valuable tool to use to encourage affordable housing. Councilman Daily said it is a modest proposal and he is comfortable with it. Mayor Skadron said he will support it but is concerned with setting a precedent. He said there needs to be a discussion about this in the land use code. Councilman Daily moved to read Ordinance #29, Series of 2014; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 29 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SUBDIVISION AMENDMENT FOR THE DEVELOPMENT OF THREE MULTI -FAMILY BUILDINGS, INCLUDING ELEVEN AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 518 WEST MAIN STREET, LEGALLY DESCRIBED AS LOTS P, Q, AND''/z OF LOT 0, BLOCK 30, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Daily moved to adopt Ordinance #29, Series of 2014 on first reading; seconded by Councilwoman Mullins. Roll call vote, Councilmembers; Mullins, yes; Frisch, yes; Daily, yes; Mayor Skadron, yes. Motion carried. Ordinance #26, Series of 2014 — Maroon Creek Club — Planned Development Amendment . Jennifer Phelan, community development, said this is a request by the Maroon Creek Club to allow for the extinguishment of TDRs on 43 lots. The applicant is the master HOA, represented by Bill Lukes. Maroon Creek Club was approved in 1993 and annexed in 1996. The subdivision is 369 acres located on both sides of highway 82. There are 43 free market single family home sites. These lots are located off of Tiehack. They contain between 15, 000 to 166, 000 square foot lots. Of the 43 lots, 10 are allowed 10,000 square feet in floor area; 25 are allowed 6,000 square feet and 8 are allowed 5,500. \The request is to allow up to 3 TDRs on the 10 larger lots to allow.up to 10,750 square feet of floor area. Two TDRs would be permitted on 33 of the lots which would allow up to 6,000 or 6,500 square feet of floor area. This allows for up to 96 TDRs to be extinguished on these properties. It is roughly an increase of 7.5-9% floor area per lot. Part of the reason for the request is to allow the landing of TDRs because the program was not in effect when the property was subdivided and annexed into City. It is an opportunity to land square footage on the outskirts of town. Staff recommends approval. Councilman Frisch said there is an oversupply of TDRs and they need to be used. He said there could be some pushback about urban sprawl. With the reduction of residential components going downtown we have lost a lot of places where these could be put in place. It is more beneficial for lots that have not been built on but if we want to support the program they need to land somewhere. He is not sure where else we could' look for landing places. Regular Meeting Aspen City Council September 8, 2014 Councilman Daily said he agrees with Councilman Frisch. It is a creative attempt at additional landing sites. It has the support of the HOA. He is in favor of the proposal. He asked how many TDRs are available today. Councilman Frisch said it would be nice to know how many and what they are trading at. Ms. Simon said there is an amendment with the program to require we be informed of the value any time a sale takes place. Mayor Skadron asked the difference between 36 homes and 43 lots. Mr. Lukes said there are eight vacant lots. Mayor Skadron asked if these are desirable units and what is driving the desire for TDR's. Mr. Lukes said there is not a huge demand for additional square footage. They felt that modest increases could be absorbed on many of the lots and is sort of a why not situation. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Ms. Simon said there are 64 TDRs that have been approved by ordinance and 22 have landed. 42 are available. Councilwoman Mullins said she supports this. It creates a good market; less than 10% of allowable square footage would be added, the homes are larger and can absorb the development, minimum impact to the development and it supports the TDR program. Mayor Skadron asked if Council should give consideration that larger properties get four. Councilwoman Mullins said to keep it at three and they can revisit it later. Councilmembers Frisch and Daily agree with Councilwoman Mullins. Mayor Skadron said they are creating 96 landing sites tonight. Ms. Simon said that's great. Mayor. Skadron said he will support as well., Councilwoman Mullins moved to adopt Ordinance #26, Series of 2014; seconded by Councilman Daily. Roll call vote, Councilmembers Frisch, yes; Mullins, yes; Daily, yes; Mayor Skadron, yes. Motion carried. Ordinance #21, Series of 2014 — 301 Lake Avenue — AspenModern negotiation for historic designation of 301 Lake Avenue Ms. Simon said this was continued from the 8-25 meeting. It is for voluntary landmark'and AspenModern designation. The changes since the last application include only five years of vested rights instead of 10. It would reduce the number of TRDs awarded from two to one. There are also changes to the proposed design. The overall length of the addition has decreased one foot six inches on the Lake Avenue end and three inches on the west. The width of the proposed addition has decreased by one foot. The site coverage decreased by 553 square feet. Part of this is the footprint of the addition is smaller and there was a miscalculation that included the overhangs. The site coverage has decreased to 48.3 percent but is still 859 square feet over the allowable. The height of the proposed garage has dropped six inches to 12 foot 3 inches. They will not place a roof deck on the garage. Staff and HPC recommend approval. Derek Skalko said they did go back to parks and engineering and they are at the same place. 0 MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director 4V FROM: Jennifer Phelan, Deputy Planning Director RE: Maroon Creek Club, Planned Development Amendment, 2°d Reading of Ordinance No. 26 (Series of 2014), Public Hearin MEETING DATE: September 8, 2014 )n Creek Club Master iation XPRESENTATIVE: ;ill Lukes, William Clinton ukes Architect LOCATION: Maroon Creek Club Subdivision, specifically 43 Single family home lots �URRENT ZONING & USE Fhe subject lots are zoned tither Moderate -Density Zesidential (R-15A) or Rural Zesidential (RR) all with a Tanned Development (PD) )verlay. All of the lots permi he development of a single- amily residence. LAND USE: allowance of a single-family residence UMMARY: he Applicant requests an amendment to the Plai ►evelopment to allow 43 lots within the subdivision to land xtinguish Transferable Development Rights to increase llowable house size by 250 sq. ft. of Floor Area per Transfer ►evelopment Right. TAFF RECOMMENDATION: taff recommends approval of the amendment. QUESTIONS FROM FIRST READING (8/11/14) The City Council raised a number of questions at first reading that are noted and answered below. 1) Were Transferable Development Rights (TDRs) codified when the Maroon Creek Club was annexed to the city? • No. The Maroon Creek Club was approved by the Board of County Commissioners in 1993 and the subdivision was annexed into the city in 1996. The historic transferable development right program was established in 2003, subsequent to approval and annexation of the development. Page 1 of 3 2) Did staff reach out to the Maroon Creek Club initially with regard to potentially landing TDRs within the subdivision? • Staff did not initially reach out to the Maroon. Creek Club; however, when representatives contacted the department staff did encourage them to apply for the amendment. 3) The Maroon Creek Club includes leased city land. Would anything prohibit the landing of TDRs? • Just over 45 acres of city land are leased to the Maroon Creek Club and used as. part of the golf course. The acreage is on the north side of highway 82 while the lots being considered to land TDRS are on the south side of the highway. The acreage is shown in Exhibit B and is the second map that identifies parcel ownership. The only permitted use of the parcel is for a golf course. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting an amendment to the Maroon Creek Club Subdivision and Planned Development (PD) allowing for the extinguishment of Transferable Development Rights (TDRs) on 43 lots within the subdivision. • Amendments. Minor Amendment to a Project Review approval (Subsection 26.445.110.13) is an amendment which represents an insubstantial change but which does not meet the established thresholds for an Insubstantial Amendment and may be approved, approved with conditions or denied by the City Council. As the request proposes an increase to the allowable Floor Area, the request exceeds the allowances of an administrative review. PROJECT BACKGROUND: The Applicant has requested to amend the Maroon Creek Club Planned Development to allow for the landing and extinguishment of Transferable Development Rights on 43 lots approved for single family development. Exhibit B shows the actual location of the lots. The Maroon Creek Club is a subdivision consisting of approximately 369 acres and includes a mix of 43 ' single family lots, 37 townhomes, 39 employee housing units, trails and a golf course including parking, lodging, and a golf club. A similar amendment was approved for the Moore Family Planned Development in 2007 allowing for the landing of two TDRs on each single family lot. PROJECT SUMMARY: As a site specific development, TDRs cannot be extinguished on a property with a Planned Development Overlay unless approved and memorialized by the City. The applicant is requesting to allow the free-market single-family residential lots as receiver sites for TDRs. Overall the 43 lots range from 15,202 — 166,268 square. feet in size. The number of TDRs to be extinguished per lot is based on the allowable Floor Area of the lot as noted in Table 1. A total of 96 TDRs at 250 sq. ft. per TDR would be permitted. Page 2 of 3 Table 1: TDRs proposed for extinguishment Floor' PMro e oAllowable tal No :of of'TDRs' per lot Allowable Floor Floor Area < TDRs 10,000 sq. ft. 3 or 750 sq. ft. 10,750 sq. ft. 10 30 6,000 sq. ft. 2 or 500 sq. ft. 6,500 sq. ft. 25 50 5,500 sq. ft. 2 or 500 sq. ft. 6,000 sq. ft. 8 16 Totals 43 96 STAFF COMMENTS: MINOR AMENDMENT TO A PROJECT REVIEW APPROVAL This amendment will allow the landing of TDRs within the subdivision's free-market lots that permit the development of a single family residence. Staff Comments: The Maroon Creek Club is a subdivision on the edge of town consisting of lots that tend to be much larger than in town lots. Sizes for the single family residential lots range from 15,202 — 166,268 square, feet in size. The allowance to land TDRs within this subdivision will have minimal impact to the character of the development as the allowable Floor Area tends to be larger and the landing of TDRs represents a Floor Area increase of 7. S to 9 percent per lot. Allowing for expanded landing sites for TDRS encourages the preservation of historic landmarks by allowing more sites to land undeveloped floor area that has been severed from a historic resource which accomplishes a community goal of preserving Aspen's heritage as reflected in the built environment. Although not requested, staff would support the landing of 4 TDRs on lots already allowing 10, 000 sq. ft. in Floor Area. STAFF RECOMMENDATION: Community Development staff finds the request meets the Project Review Standards and recommends approval of the request as it will provide an appropriate, expanded area to land TDRs. RECOMMENDED MOTION: "I move to approve Ordinance No. 26 that approves a Planned Development amendment allowing for the landing of TDRs at the Maroon Creek Club Subdivision." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A — Project Review Standards EXHIBIT B — Application Page 3 of 3 AMh ORDINANCE NO.26�� (SERIES OF 2014) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE MAROON CREEK CLUB SUBDIVISION AND PLANNED DEVELOPMENT THAT APPROVES THE EXTINGUISHEMNT OF TRANSFERABLE DEVELOPMENT RIGHTS ON FORTY THREE LOTS WITHIN THE SUBDIVISION LEGALLY DESCRIBED AS LOTS 1 -12, 16, and 19-48 Parcel IDs: 273514209001-273514209005, 273511309006-273511309012, 273511309016, 273511309019 — 273511309040, 273511209041-273511209045, 273511309046-273511309048 WHEREAS, the Community Development Department received an application from the Maroon Creek Club Master Association; represented by William Clinton Lukes Architect requesting approval of Planned Development Amendment to allow Transferable Development Rights to be landed on 43 lots within the subdivision; and, WHEREAS, the lots permit the development of a single family residence on each lot and the lots are located within either the Moderate -Density Residential (R-15A) or Rural Residential (RR) zone districts; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Departmentrecommended approval of the request; and, WHEREAS, the .City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director and has taken and considered public comment on September 8, 2014; and, WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the application, encourages the preservation of historic resources; and, WHEREAS, the 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 THAT: Pursuant to the procedures and standards set forth in the Aspen Municipal Code, the City Council hereby approves amendments to the Maroon Creek Club Subdivision and Planned Development as noted within this ordinance. Page] of 3 Section 1: General Development Approvals The Maroon Creek Club Subdivision and Planned Development is amended to allow for the landing and extinguishment of Transferable Development Rights as noted in Table A, below. Table A: Allowances for Transferable Development Rights Existing Permitted Nlax Allowable Total No o£.s Lots perriitted w -,Allowable Floor number of Floor Area with ,' TDRs to land TDRs Area for the lot TDRs per lot the landing of f 10,000 sq. ft. 3 at 250 sq. ft. 10,750 sq. ft. 30 1,3,5,12,16 of Floor Area and 41-45 each or 750 sq. f(. 6,000 sq. ft. 2 at 250 sq. ft. 6,500 sq. ft. 50 2,4,6-11, 19- of Floor Area 31,40,46-48 each or 500 sq. ft. 5,500 sq. ft. 2 at 250 sq. ft. 6,000 sq. ft. 16 32-39 of Floor Area each or 500 sq. ft. 96 Section 2• 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 Planning and.Zoning Commission or 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 an authorized entity. Section 3• _ 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 4• 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. 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. Page 2 of 3 E.- � .1 Section 5• A public hearing on this ordinance shall be held on the 8 h day of September, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11 d, day of August, 2014. Attest: Linda Manning, City Clerk Steve Skadron, Mayor FINALLY, adopted, passed and approved this _ day of , 2014. Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney Steve Skadron, Mayor Page 3 of 3 Exhibit A — Project Review Standards 26.445.050. Project Review Standards. The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions, which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Staff Finding: The proposed development, landing of TDRS, is not subject to any adopted regulatory plans. Stafffinds this criterion not applicable. I B. Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of,the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 — Engineering Design Standards.. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Finding: Maroon Creek Club was initially reviewed and approved by Pitkin County and subsequently annexed into the City. As part of the original review, 1041 Environmental Hazard Review was granted by the County. Staff finds this criterion met. C. Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: The site plan responds to the site's natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. 2. .The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. AML 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings.and access ways are arranged to'allow effective emergency, maintenance, and service vehicle access. Staff Finding: The site plan is not being modified by this request. Staff finds this criterion not applicable. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to .any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. Staff Finding: Allowing for expanded landing sites for TDRS encourages the preservation of historic landmarks by allowing more sites to land undeveloped floor area that has been severed from a historic resource which accomplishes a community goal of preserving Aspen's heritage as reflected in the built environment. Staff finds this criterion met. 2., The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. Staff Finding: The Maroon Creek Club is a subdivision on the edge of town consisting of lots that tend to be much larger than in town lots. The allowance, to land TDRs within this subdivision will have minimal impact to the character of the development as the allowable Floor Area tends to be larger and the landing of TDRs represents a Floor Area increase of 7.5 to 9 percent. Staff finds this criterion met. 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. Staff Finding: The Maroon Creek Club is similar to other development on the outskirts of town which include larger lots allowing single-family homes and swathes of open space. Staff finds this criterion met. 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. Staff Finding: Off-street parking is not being modified by this request. Staff finds the criterion not applicable. 5. The Project Review approval, at City Council's discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110 — Amendments. Staff Finding: The request is not asking for dimensional flexibility in a multi -step review process. Staff finds the criterion not applicable. E. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design. Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Staff Finding: Design standards are not being modified by this request. Staff finds this criterion not applicable. F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Finding: Pedestrian, bicycle and transit facilities are not being modified by this request. Staff finds this criterion not applicable. G. Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 — Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Finding: Engineering design standards are not. being impacted by this request. Staff finds this criterion not applicable. H.. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. E, Staff Finding: Public Infrastructure .and facilities are not being modified or affected by this request. Staff finds this criterion not applicable. I. Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be . dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across acces's points and driveways are prohibited. Staff Finding: Access and circulation are not being modified or affected by this request. Staff finds this criterion not applicable. Lac, JUL 01 2014 CITY OF ASPEN k3LCif'`" ld=..Y 6s�',✓1 IYib.�f W I L L I A M C L I N T O N A R C Sunday, June 29, 2014 Sara Adams Community Development Department City of Aspen 130 South Galena Aspen, Colorado 81611 hand delivered re: City of Aspen TDR Program Request to Approve MCC Single Family Lots as Receiver Sites Sara: The Maroon Creek Club Master Association respectfully submits this application for approval of 43 single family home sites within the Maroon Creek Club PUD as potential landing sites for TDR's certified by the City of Aspen. This application is being made by the Maroon Creek Club Master Association, an entity that is separate and distinct from the Maroon Creek Club itself (the golf course, clubhouse, etc.), which is privately owned by Maroon Creek Club, LLC. For purposes of clarity and simplicity, we will refer to the Master Association as "MCC" and to the privately owned Maroon Creek Club as the "Club". I. OVERVIEW OF THE MAROON CREEK CLUB PUD The Maroon Creek Club development is a large PUD that straddles Highway 82 just west of Maroon Creek. The PUD is comprised of the Maroon Creek Club and golf course, which is privately owned and an entity separate from the Maroon Creek Club Master Association but a member of that Association, as well as both multi -family and single family residential lots. The residential lots include; A. 43 single family lots, all on the south side of Highway 82 and clustered generally around the base of the Tiehack Ski Area. B. One much smaller single family lot (Lot 13) with a home that is identified as employee housing. C. 37 townhomes in 3 developments; the Maroon Creek Town Homes, the Maroon Greens, and Clubside at Maroon Creek. The Maroon Creek Club owns 12 lodge units adjacent to the clubhouse and 39 employee units in THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARBONDALE COLORADO 81623-3109 PHONE 970 963 8025 WWW.WILL[AMLUKES.COM a development adjacent to the private club on the north side of Highway 82. The Master Association holds title to several fairly large common area parcels, all of which are undeveloped and have been in pretty much their natural state for the last 20 years. There are a number of out -parcels within the boundaries of the MCC PUD and also some separate parcels of land and subdivisions that are either somewhat within the boundaries of our PUD or are accessed by roads that are part of our PUD. Although several have access and maintenance agreements with MCC, none of these are a part of the Master Association and are not included in this request to approve MCC as a landing site for City of Aspen TDR's. The Maroon Creek Club PUD was approved by Pitkin County in 1993 and the entire PUD was annexed into the City of Aspen in 1996/1997. The City and MCC have jointly implemented two Insubstantial Amendments to the PUD, the first in 2010 and the second in 2012, with the latter superceding and replacing the 2010 amendment. Both of these amendments clarified matters pertaining to single family residential development, allowable uses within Building and Development Envelopes, and some related issues that needed to be clarified after annexation. RESIDENTIAL LOTS AT MCC A. The 43 free market single family lots range in size from approximately 15,157 SF (.35 acre) to 166,266 SF (3.82 acres). Development on each lot is governed by means of platted building and development envelopes rather than setbacks. B. 17 lots (primarily larger lots) have designated Development Envelopes in addition to the Building Envelope. C. The remaining 26 lots have designated Building Envelopes and the Development Envelope extends to the property lines (reference the 2012 Plat Amendment). D. There are currently 9 vacant single family lots, the other 34 now have homes on them. One of the 9 vacant lots is currently in the approval pipeline. E. All of the multi -family units and parcels have been fully developed and conveyed to individual owners. Each of the 3 developments has a sub -Association. III. ALLOWABLE FLOOR AREAS AT MCC A. By virtue of the PUD and Annexation agreements and documents, allowable floor areas at MCC are the Pitkin County standards in effect at the time of the annexation into the City of Aspen. B. There are three categories of allowable home sizes in MCC and each lot has a specific allowable floor area, as shown on a map included with this letter; 1. 10,000 SF plus an allowance of 500 SF for a garage. [10 lots in this category] 2. 6,000 SF plus an allowance of 500 SF for a garage. [25 lots in this category] 3. 5,500 SF plus an allowance of 500 SF for a garage. [8 lots in this category] IV. RECOMMENDED IMPLEMENTATION OF TDR PROGRAM AT MCC After a review of the existing home sizes, lot coverages, and suitability of the different types of lots for potential accommodation of TDR's, impacts on building sizes, and conformance with the platted Building Envelopes, the Maroon Creek Club Master Association proposes that the City approve 43 single family lots at Maroon Creek Club as designated landing sites for City of Aspen TDR's as follows; A. It is assumed that each TDR would allow a maximum of 250 additional square feet to be constructed. THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARBONDALE COLORADO 81623-3109 PHONE 970 963 6025 WWW. W ILL I AM LU K ES. C 0M B. The designation number of MCC as a landing site, and the specification of the maximum u of TDR's potentially available for each specific lot, would not supercede any MCC covenants, Design Guidelines or other standards adopted by the Master Association, nor would the availability or potential to land TDR's modify in any way or supercede the platted Building Envelopes. C. Any potential use of a TDR or multiple TDR's would be specifically subject to review and approval by the Site and Architecture Committee of MCC ["SARC"] and compliance with all MCC and City development guidelines and requirements. The availability or potential of a single TDR or multiple TDR's would not create the `right" to land any number of TDR's on a specific lot. D. Lots 1, 3, 5, 12,16, and 41 - 45 would be approved for potential landing of up to 3 TDR's on each of the 10 lots. E. Each of the other 33 single family lots would be approved for potential landing of up to 2 TDR's on each of the lots. Lot 13 would not be included due to the very small lot size. V. POTENTIAL NUMBER OF TDR'S THAT COULD BE LANDED AT MCC A. 10 lots x 3 potential TDR's = 30 B. 33 lots x 2 potential TDR's = 66 C. Total = 96 VI. SUITABILITY We think that the 43 single family home sites at the Maroon Creek Club would be very suitable landing sites for one or more City of Aspen TDR's, especially considering the relatively modest additional floor area that a TDR allows. ■ Our lot areas are relatively large and the allowable square footage of building - particularly on the lots designated for 6,000 and 10,000 SF homes - provides a comfortable amount of yard space. ■ All lots are governed by an active, managed Homeowners Association with a comprehensive set of Design Guidelines and an active design review board, the MCC Site and Architecture Committee ["SARC"]. ■ The SARC has neverencouraged orsupported construction outside of Building Envelopes and has always strived for suitable uses within Development Envelopes. MCC would have no intention of supporting the enlargement of any Building Envelopes in order to facilitate a TDR. IN Landing of one or more TDR's on an MCC property would require SARC review and approval of the intended configuration of the additional square footage. If the City decides to incorporate MCC as a designated landing site, MCC would immediately modify its Design Guidelines in order to make it clear that utilization of any TDR's will be subject to both SARC approval and City approvals, and that the number of allowable TDR's for a particular lot will be subject to site -specific design review. MATERIALS ENCLOSED 0 A copy of the Pre-App dated May 1, 2014 ■ City of Aspen Fee Agreement ■ HOA Letters of consent and representation ■ HOA Certification THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARBONDALE COLORADO 81623-3109 PHONE 970 963 8025 WWW.WILLIAMLUKES.COM ■ List of Property Owners within 300' of MCC boundaries, including outparcels ■ Check for $4,550 ■ GIS Vicinity Map ■ GIS Map of MCC Parcels ■ GIS TDR Implementation map Please let me know if you have any questions or if we need to provide any additional information. We'll look forward to hearing from you as to when this application will be considered by the City Council. Cordially, THE LAKESIDE STUDIO for the Maroon Creek Club Master Association I William Lukes, Architect Architectural Advisor to SARC copies: MCC Board Members Sarah Korpela, Joshua & Co. Association Management Hal Dishler Association Counsel THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARBONDALE COLORADO 81623-3109 PHONE 970 963 8025 WWW.WILLIAML.UKES.COM MAROON CREEK CLUB MASTER ASSOCIATION c/o Joshua & Co. 300 South Hunter Aspen, Colorado 81611 attn: Sarah Korpela (970) 920-1776 Friday, June 27, 2014 Sara Adams Community Development Department City of Aspen 130 South Galena Aspen, Colorado 81611 Dear Ms. Adams: Please consider this letter as our authorization for Mr. Hal Dishler and Mr. William Lukes to represent the Maroon Creek Master Association with respect to our application for approval of the Maroon Creek Club PUD as a TDR receiver site and any related matters. Cordially, Master Association Homeowner Association compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of. compliance with applicable covenants and homeowner association policies. The certification must be . signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: H r" "0 N 64-5iPY-- G V V D Q V 0 I, the property owner, certify as follows: (pick ne) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Owner printed name: or, Attorney signature: Attorney printed name: date: 'Do d v N U l 4- April; 2013 :. 6ity.of Aspen (J30 S. Galena 5t: I (970) 920=5090' r1 Agreement to Pay Application Fees An agreement between the late oT Aspen t--L;ity ) ana Property Maroon Creek Club Master Association Phone No.: 970 963 8025 Owner ("I"): Email: architects@williamluk6s.com Address of Maroon Creek Club Billing c/o Sarah Korpela Property: Aspen, Colorado Address: Joshua & Co. (subject of (send bills here) 300 South Hunter application) 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 $0 flat fee for Select Dept flat fee for Select Dept $_0 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. $ 4,550 deposit for 14 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon y Community Development Director Name: Leonard sbu President, Maroon Creek Club City use: 4550 Title: Master AssodaGon Fees Due: $ Received: $ F 1 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. & 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 429-2778 DATE: May1, 2014 PROJECT: Maroon Creek Club PUD Amendment REPRESENTATIVE: Bill Lukes, architects@williamlukes.com DESCRIPTION: The Maroon Creek Club homeowners are interested in potentially amending the PUD to allow the landing of Transferrable Development Rights (TDRs) to increase the allowable floor area for single family homes in increments of 250 sf of floor area per certificate. The proposed amendment to the PUD is a one step review by City Council. This is also an opportunity to "clean up" other issues or concerns that the Maroon Creek Club homeowners may have with the PUD regulations. Neighborhood outreach is required prior to the scheduled City Council hearing. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.304.035 Neighborhood Outreach 26.445.110.D Minor Amendment to a Project Review approval Land Use Code is here: http://www.aspenpitkin.com/depts/38/citycode.cfm Land Use Application is here: htti)://www.asDenDitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%201and%20use%20app%20fo rm.pdf Public Hearing: Yes for second reading at City Council. Review by: • Staff for complete application • City Council for amendment to PUD. Planning Fees: Planning Deposit — One Step ($4,550 for 14 hours) Referral Fees: None. Total Deposit: $4,550 (additional planning hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: One copy of the following: ❑ Proof of ownership/ right to apply. This should include a letter of consent from the HOA to the application. ❑ Signed fee agreement. ❑ Signed copy of HOA certification ❑ List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 Twelve copies of the following and a digital copy: ❑ Copy of Pre-App (this document) ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Total deposit for review of the application. ❑ An 81/2" by 11" vicinity map locating the area within the City of Aspen. ❑ A written description of the proposal. 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. ASPtN TO1NNSIT,5 ASPEN HIGHLANDS SKI AREA VICINITY MAP 1 r , i N. off( .'� pup o - o L \,� Lp-w% noze ar u camow.tDo. 'rwp.' l \\ o, E NNI s, x' 45 j • 44 ^ o AAry� y 43 42 \ Je p, t 41 r� 5_ r ^48 ' • 47 J 46 76 ALLOWABLE FLOOR AREAS PROPOSED MAXIMUM TDR'S ALLOWABLE FLOOR AREAS 12 SF Employee• • PARCEL OWNERSHIP MAROON CREEK LLCMAROON CREEK CLUB MASTER ASSOC CITY OF ASPEN ASPEN SKIING COMPANY MAROON CREEK APT LP s 3 3CLUBSIDE AT MAROON CREEK HOA ?�p • MAROON CREEK TOWNHOMES HOA MAROON GREENS LLC MAROON GREENS TOWNHOMES ASSOC .97 > AST i:�=a�th• 41• . - 4 ' y .`s r r � f ••1- fit' .. '� t aph o u �C i"': `S7C • ]✓ir n. . ram- :' : �t • o � � �_...J' t ,r.a' v"�. dR � . •9 �dil 45 %� 4F' I, 44 43 A, • O .. � 42 41 f 48 ter ' 22 21 w w \ 23. °f 47 46 , _ <a r' 1 •' ti 27 J� 30 33 ing Lot g Lot ' ip 13 12 51r j' 't- � Yam.. ��•,` "1 j' .p (.� • - 4' tit,� f gj ljALLOWABLE FLOOR♦_ AND PROPOSED MAXIMUM TDR'S ` ♦4 ALLOWABLE FLOOR AREAS • ••• •• garage •- 5,500 00 garage • SF Employee [Lot 13] [no TDR's] lU—'�JG 1J rN•.isY�, a 0 •� 0. 0Upp-i' A U Oy wJUJp 0 `� lA AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE DRESS OF PROPERTY: , Aspen, CO SQJEDULED PUBLIC HEARING DATE: ¢J ; ) 20 STATE OF COLORADO ) ss. County of PitkinI ) I, UL'r r4: (name, please print) being or representing an Applicant 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 seen 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 720tice. 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 pdbh(c' hearing, notice was hand delivered or. mailed by first class postage U.S. 1 it to all owners of property within three hundred (300) feet of the �poperty isubject to the development application. The mines and addresses of c <r 17— e., o',1�7n`ers shall be those on the current tax records of Pitkin County as they appearedl no more than sixty (60) days prior to the date of the public hearing. A CO, ''°o ahe#owners arid-over77771e77taI a�Ieracies so 77.oticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, suminanzed 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 arty documentation that was presented to the public is attached hereto. (continued on next page) Mi7leral Estate Oxnzer 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 mapis 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 qn the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The for oing "Affidavit of 'Notice was ac owledged bef qrp me thi/�d of , 20Wby r PUBLIC NOTICE =ESS MY HAND AND OFFICIAL SEAL & RE-MAROON NNEDN DEVELOPMENT, PLANNED DEVELOPMENT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing My commission expires: will be held on Monday, September 8, 2014, at a, meeting to begin at 5:00 p.m. before the Aspen I City Council , In the city council chambers meeting Hall, 130 S. Galena Street, Aspen, CO, room, City ' to review the proposal submitted by the Maroon Creek Club Master Association, c/o Joshua and Notary Public Co., 300 S. Hunter Street, Aspen CO 81611, forthe Notary Public as ots Subdivis Subdivision oon Creek Clubdribed 6, Lots 1r9-48, Mares known Tlena k 1200, commonly1360, KAREN REED PA-T-rERSON 1230 102116,168; , 316, 331, 340, 353, 366, 386, 651, and NOTARY PUBLIC 280, 285, 691 Pfeister Drrve; 100, 110, and 120 Pier 120 S. Meadow; 15 and 26 S. STATE IF COLORAD - E Place; 61, 86, and Willow court; 31, 45, 71, 75, and 81 N. Willow to allow the landing of �STA ID #19964002767 Court. Applicant seeks Transferable Development Rights (TDRs) on 43 ;BENTS AS APPLICABLE: is to allow . WC Expires February 15r 2Qi6 1ots within the 10 lots to land up osubdivision. 3 TDRS or 750 sqt ft. of Floor 33 lots to land up to2 TDRs or 500 sq. ft. 4 TION S Area and of Floor Area. Applicant seeks approval from the City Council for an Amendment to the site specific POSTED NOTICE (SIGN) Floor Ar- approval to allow the landing of additional ,� ea. For further information, contact Jennifer Phelan T m GO VER Yl r1ENTAL AGENCIES Community Development De- NOTICED at the City of Aspen 111 YJl (970) O 429.2759, Jennifer.Phelan®cityofaspen.com, I —S/Steve Council l ATION OF MINERAL ESTAE OWNERS NOTICE 'Aspen Council jty � Ciry Published in the Aspen Times Weekly August 21,' S. §24-65. 5-103.3 2014(10471186) I AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: HP,J-v00 GJ�-P'P,IG-GLU Q. ZH0jD ! ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 20jL4- STATE OF COLORADO ) ss. County of Pitkin ) I, w I U V ! P` H L () (-r-14j (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 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 c.7alP , 20J4, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. i- 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) 4 Vw Mineral Estate Owner 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, PDs that create more than one lot, and new Planned Developments 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 22 day of A. t;t ,20 (fit ,by �Aj,WcLm Lag---) WITNESS MY HAND AND OFFICIAL SEAL N p My commission expires: fyn l 1 `> ZCC6 STATE OF COLORADO NOTARY ID 2pp0074APRIL 1 MY COAAMISSION ExRAPRIL RES 15.20t 8 Notary Public 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 PUBLIC NOTICE RE: MAROON CREEK CLUB SUBDIVISION & PLANNED DEVELOPMENT, PLANNED DEVELOPMENT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 8, 2014, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in the city council chambers meeting room, City Hall, 130 S. Galena Street, Aspen, CO, to review the proposal submitted by the Maroon Creek Club Master Association, c/o Joshua and Co., 300 S. Hunter Street, Aspen CO 81611, for the properties legally described as Lots 1-12, Lot 16, Lots 19-48, Maroon Creek Club Subdivision and commonly known as 1162, 1200, 1201, 1205, 1230,1360, and 1470 Tiehack Rd; 190, 196, 268, 280, 285, 316, 331, 340, 353, 366, 386, 651, and 691 Pfeister Drive; 100, 110, and 120 Pfeifer Place; 61, 86, and 120 S. Meadow; 15 and 26 S. Willow Court; 31, 45, 71, 75, and 81 N. Willow Court. Applicant seeks to allow the landing of Transferable Development Rights (TDRS) on 43 lots within the subdivision. The request is to allow 10 lots to land up to 3 TDRS or 750 sq. ft. of Floor Area and 33 lots to land up tot TDRS or 500 sq. ft. of Floor Area. Applicant seeks approval from the City Council for an Amendment to the site specific approval to allow the landing of additional Floor Area. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2759, Jennifer.Phelan@cityofaspen.com The attached map outlines the current allowable Floor Area for the Lot and the proposed maximum number of Transferable Development Rights to be landed per lot. Each TDR is 250 sq. ft. of Floor Area. r • • MCC Notice TDR 2014Aug21-002.JPG August 21, 2014 t Easy PeelO Labels ♦ Bend along line to • n /. VERY0 51600 Use Avery® Template 51600 j Feed Paper expose Pop-up EdgeTM 101 OREGON LLC 1520 TIEHACK LLC 203 CLUBSIDE LLC 101 OREGON TRL 3944 GAIL ST 950 ECHO LN #100 ASPEN, CO 81611 HONOLULU, HI 968154501 HOUSTON, TX 77024 A & S HOLDINGS LLC ABADEE KARIN ADCOCK WILLIAM A 1529 GENESSEE VISTA RD 10 WILLIS RD PO BOX 452 GOLDEN, CO 80401 CASTLE COVE 2069 322 FLORA NEW SOUTH WALES AUSTRALIA, NEWBERN, TN 38059 ALBERTA TRUST ALLEN CARROL A REV TRUST ANDERSON AARON & KELLEY 3430 HILLDALE RD 15495 SW ALDERBROOK CIR MCCONNELL FORT WORTH, TX 76116 TIGARD, OR 97224 0098 GLEN DEE RD #9 ASPEN, CO 81611 ANDERSON GREGG R ARNOPOL ROBERT ALAN ARSDALE LUCAS VAN 39060 HWY 82 #17 1450 LINCOLN RD #704 98 GLEN DEE RD #12 ASPEN, CO 81611 MIAMI BEACH, FL 33139 ASPEN, CO 81611 ASPEN CONDO PROPERTIES LLC ASPEN COUNTRY INN I LP ASPEN GLEN GARRY LLC 261 JULES AVE #72 38996 HIGHWAY 82 ONE CAPITAL CITY PLAZA JEFFERSON, LA 70121 ASPEN, CO 81611 3350 PEACHTREE RD 10TH FL ATLANTA, GA 30326 ASPEN SCHOOL DISTRICT NO 1 RE 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vuvuw.ave .com 1ltilicc� Ic nahnrit AllFRV� S1tir1® I rA.Aln to —N-4 pAn.TM i i_Qnn_r_n_AvcoV Easy Peel® Labels Use Avery® Template 51600 BUNIN JANE E 4814 W MOORHEAD CIR BOULDER, CO 80305-6156 CALCOTT AARON J KLEIN LORI K 0098 GLEN DEE RD #16 ASPEN, CO 81611 CASSIN LEE E 98 GLEN DEE RD APT 8 ASPEN, CO 816113406 CBA REALTY LLC PO BOX 1057 MINTURN, CO 81645 CLARK LEE 6160 CAMINO DE LA COSTA LA JOLLA, CA 92037 CLUBSIDE AT MAROON CREEK HOA COMMON AREA 100 CLUB SIDE DR ASPEN, CO 81611 COWLES NICHOLAS Z & CYNTHIA A 248 ORCHARD RD SHELBURNE, VT 05482 DIEBEL KAREN SUSAN TRUST 127 W FAIRBANKS AVE #482 WINTER PARK, FL 327894326 ENGLISH ROCCO F & MARIE P TRUSTEES 4518 EAST LN ORLANDO, FL 32817 FALCONE LEONE J & BASIL 39060 HWY 82 #12 ASPEN, CO 816113558 • A Bend along line to i • AVERY® 5160® Feed Paper expose Pop-up EdgeT11 j 1 BURLINGAME HOUSING INC BUTTERMILK MEADOWS LLC 73.5% C/O PREFERRED PROPERTY MNGMT CAHN & COMPANY LLC 26.5% SER PO BOX 4060 PO BOX 2685 ASPEN, CO 81612 BASALT, CO 81621 CANNON JOHN JR 2911 BAY VISTA AVE TAMPA, FL 33611 CAVALIER INVESTMENTS LLC 10912 SW 59TH CT MIAMI, FL 33156 CHRISTENSEN DENNIS 5620 LAKE MENDOTA DR MADISON, WI 53705 CLEMENTE FRANK A PO BOX 549 CARBONDALE, CO 81623-0549 COL SOLARE LP OCTAFORM SYSTEMS 520-885 DUNSMUIR ST VANCOUVER BC CANADA 30225, CARTY JAMES B JR 100 LLANALEW RD UNIT 3 HAVERFORD, PA 19041-1564 CB 815 OREGON TRAIL LLC 1172 S DIXIE HWY #497 CORAL GABLES, FL 33156 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CLEMONS SARAH FLOYD 721 W MIRACLE STRIP PKWY MARY ESTHER, FL 32569 COLORADO DEPT OF TRANSPORTATION STATE OFCOLORADO 4201 E ARKANSAS AVE V6C 1 N5, DENVER, CO 80222 CROWN JAMES SCHINE TRUST 718153 222 N LASALLE ST STE 2000 CHICAGO, IL 60601 DML HOMES LLC 6711 HOLLYTREE CIR TYLER, TX 75703-0925 ERICKSON JOLLYN 815 CLARK ST SOUTHERN PINES, NC 28387 FINLEY KATHRYN A 550 LAZY CHAIR RANCH RD ASPEN, CO 81611 DDC ASPEN LLC 1904 W 35TH ST AUSTIN, TX 78703 DOOLIN KALETA A TRUST C/O DOOLIN KALETA A 7105 HILLGREEN DR DALLAS, TX 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CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 HUNT W L & GAYLE G LIV TRST INN AT ASPEN CONDO ASSOC JOHNSON KATRINA PO BOX 12667 COMMON AREA PO BOX 1993 EL PASO, TX 79913 729 CEMETERY LN ASPEN, CO 81612 ASPEN, CO 81611 I:tiquettes faciles 5 paler n �. ' Se de Rep liez a la hachure afin de ; vuww.avery.com Easy Peel® Labels 0 ♦ Bend line along to Feed Paper expose Pop-up EdgeTM AVERY@ 51600 Use Avery® Template 51600 1 j JSC COLORADO TRUST KNOT TEE TIME LLC KOVLER JONATHAN & SALLY 222 N LASALLE #2000 201 S COLLEGE ST #1540 875 N MICHIGAN AVE #3400 CHICAGO, IL 60606 CHARLOTTE, NC 28244 CHICAGO, IL 60611 KOWAR LOUISE & HEIDI LASKY MANAGEMENT LLC LAZY CHAIR LOT 2 LLC 5831 W LAWRENCE 1233 EDLIN PL 0133 PROSPECTOR RD #4102B CHICAGO, IL 60630 MINNEAPOLIS, MN 55416 ASPEN, CO 81611 LAZY CHAIR LOT 3 LLC LISAS DREAM LLC LLSM INVESTMENT LLC 0133 PROSPECTOR RD #4102B 2711 S OCEAN DR APT 3403 7204 QUEENFERRY CIR ASPEN, CO 81611 HOLLYWOOD, FL 33019 BOCA RATON, FL 33496 LUBER DANIELLE M & L PROPERTIES LP MAGGI MICHAEL 98 GLEN DEE RD #12 2935 IROQUOIS RD 9030 SANDRINGHAM DR ASPEN, CO 81611 MEMPHIS, TN 38111 HOUSTON, TX 77024 MALCOLM MICHAEL A & DENISE SHEA MALONE MARTHA N MARAZ JEANNE M PO BOX 7667 HIGHLANDS VILLAS #14 ONE ROWAYTON AVE ASPEN, CO 81612 98 GLEN DEE RD ROWAYTON, CT 06853 ASPEN, CO 81611 MAROON CREEK LLC MAROON CREEK TOWNHOMES HOA MCCREARY WILLIAM F & PHILLIS M 10 CLUB CIR COMMON AREA 9750 AMANITA AVE ASPEN, CO 81611 101 OREGON TRL TUJUNGA, CA 91042 ASPEN, CO 81611 MCMATH PHOEBE H TRUST MCRAE CAROLYN S MENENDEZ BARBARA 39060 HWY 82 #2 210 E CAPITAL ST 1210 PO BOX 9553 ASPEN, CO 81611 JACKSON, MS 39201-2304 ASPEN, CO 81612 MILLS TIMOTHY C MOERY CLARENCE BRYAN JR MONTGOMERY RICHARD H III TRUST 1 REDBERRY RIDGE PO BOX 1025 PO BOX 595 PORTOLA VALLEY, CA 94028 WYNNE, AR 72396 SIKESTON, MO 63801 MORRIS CRAIG S REV TRUST N2ZASM LTD NAP1 HOLDINGS LLC 415 E HYMAN AVE 1800 W LOOP S #1875 PO BOX 8907 ASPEN, CO 81611 HOUSTON, TX 77027 ASPEN, CO 81612 NEIL ZOLKIND MD PC PROFIT SHARING NELSON MARJORIE W GRANDCHILD NICHOLS J D 50% PLAN & TRUST TRST 600 N HURSTBOURNE PKWY #300 533 BELLWOOD AVE 400 WESTWOOD DR LOUISVILLE, KY 40222 SLEEPY HOLLOW, NY 10591 DENVER, CO 80206 Etiquettes faciles i peler ARepllez a la hachure afin de de i www.avery.com Sens Easy Peel® Labels ♦ Bend along line to AVERYO 51600 Use AveryO Template 51600 j Feed Paper expose Pop-up EdgeTM NICHOLSON JOHN J 21700 OXNARD ST STE 400 WOODLAND HILLS, CA 91367 ORWICK MICHAEL HAMILTON 8505 HAWK RUN TER MONTGOMERY VILLAGE, MD 208864373 OWENS JAMES L & MARY B 98 GLEN DEE RD #10 ASPEN, CO 81611 PERIMETER COMMUNICATIONS CORP 831 BYRNWYCK RD ATLANTA, GA 30319 NORDAM INVESTMENTS LLC 6504 HIGH DRIVE MISSION HILLS, KS 66208 OSTERMAN MICHAEL & LINDA LUCE PO BOX 262 POTTERSVILLE, NJ 07979 P D K LAND & DEVELOP LP 9635 E MONUMENT DR SCOTTSDALE, AZ 85262 PFEIFER FRIEDL ASPEN R E TRST 0172 W TIEHACK RD ASPEN, CO 81611 PITKIN COUNTY POMEGRANATE CONDO ASSOC COLORADO DEPT OF TRANSPORTATION COMMON AREA 530 E MAIN ST #302 38996 HWY 82 ASPEN, CO 81611 ASPEN, CO 81611 POTAMKIN AUTO BUTTERMILK LLC C/O LEXIE POTAMKIN 130 SPRUCE ST #30B PHILADELPHIA, PA 19106 RATNER DENNIS F 1577 SPRING HILL RD #500 VIENNA, VA 22182 ROMUNDSTAD TERRY O 4739 CAROLYN LN WHITE BEAR LAKE, MN 55110 RUSSAKINVESTMENTSINC 9 RED TAIL DR HIGHLANDS RANCH, CO 80126 SALYER CHRISTOPHER M 722 N BROADWAY # MEZZ OKLAHOMA CITY, OK 731026007 R FAMILY INVESTMENTS LP 800 MONARCH DR LA CANADA FLINTRIDGE, CA 91011 REDD MOUNTAIN HOLDINGS 1/2 INT EAGLE PINES PROPERTY 1/2 INT 3109 STIRLING RD, STE 101 FT LAUDERDALE, FL 33312 ROSNER DAVID N RES TRST 2599 N W 63RD LN BOCA RATON, FL 33496 S&J INVESTMENTS II LLC 222 N LASALLE #800 CHICAGO, IL 60601 SCHEIDT RUDI E JR 5100 WHEELIS DR #106 MEMPHIS, TN 38117 ORWICK JACQUELINE ANDREA 610 CROCUS DR ROCKVILLE, MD 20850 OUDT JOHN F & LESA B 5350 WATKA DR DALLAS, TX 75209 PEISACH KATHRYN FLECK 510 OREGON TR ASPEN, CO 81611 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 POMEGRANATE DEVELOP CO CIO WALLEN KATHLEEN 55-415 MEDALLIST DR LAQUINTA, CA 92253 RATNER DENNIS F 14248 SAUNDERS RD PECATONICA, IL 61063 ROBERTSON ROBERT & JENNIFER 2 BEEKMAN PL#1B NEW YORK, NY 10222 RUBINO CARLIE 98 GLEN DEE RD #1 ASPEN, CO 81611 SAFIR ANDREW J 6380 WILSHIRE BLVD STE 1604 LOS ANGELES, CA 90048 SCHIRGER WILLIAM 14248 SAUNDERS RD PECATONICA, IL 61063 ttiquettes faciles a peler ; ` Repliez a la hachure afin de ; www.avery.com . .. ...__..n_.__0$ Sensde _ _ Easy Peel® Labels i ♦ e Bend along line to • o AVERY@ 516015 Use Avery® Template 51600 j Feed Paper expose Pop-up EdgeTM SCHLICHTEMEIER ERNEST F & PEGGY P SCHROEDER MARLENE 46 NATIONAL BLVD PO BOX 809 CAT ISLAND, SC 29907 ASPEN, CO 81612 SHEA COYLE REV LIV TRUST 410 COLONIAL RD MEMPHIS, TN 38117-4027 SINGER GLEN H 552 N ISLAND DR GOLDEN BEACH, FL 33160 SPEER CHRISTINE REV TRUST PO BOX 2734 BONITA SPRINGS, FL 34133 STRAUB GRETCHEN ASHLEY PO BOX 9848 ASPEN, CO 81612 TATMAN RICHARD S & COLLEEN S 2213 WOODLANDS DR TYLER, TX 75703 TS BAR X LLC 601 E HYMAN AVE ASPEN, CO 81611 UMBARGER MARK R 98 GLEN DEE RD #1 ASPEN, CO 81611 SHOCKLEY-ZALABAK PAMELA S 4015 STONEBRIDGE PT COLORADO SPRINGS, CO 80904 SOLDNER FAMILY LTD PARTNERSHIP PO BOX 90 ASPEN, CO 81612 STITT FAMILY TRUST 1450 SILVER KING DR ASPEN, CO 81611 SVESTKA STEVEN J 1037 FOREST VIEW CT NAPERVILLE, IL 60563 TB 815 OREGON TRAIL LLC 1172 S DIXIE HWY #497 CORAL GABLES, FL 33146 TSOU MICHELLE 0098 GLEN DEE RD #6 ASPEN, CO 81611 UYETAKE DIANE M REV TRST 50% 2033A ROUND TOP TERRACE HONOLULU, HI 96822 VALDUN ASSOCIATES INTERNATIONAL VANTINE DAVID K & LISA A INC 98 GLEN DEE RD APT 3 C/O INN AT ASPEN ATTN: ACCOUNTING ASPEN, CO 816113406 38750 HWY 82 ASPEN, CO 81611 WILLIAMS BURRELL TRUST 8116 BOSS ST VIENNA, VA 22182 WILLIAMS MICHAEL C D 160 CHERRY ST DENVER, CO 80220 SEGUIN JEFF PO BOX 925 KOLOA, HI 96756 SIMMS FAMILY TRUST 9320 WILSHIRE BLVD #300 BEVERLY HILLS, CA 90212 SOPRIS VENTURES LLC 18818 TELLER AVE #130 IRVINE, CA 92612 STONE ANDREW DAVID & DANA C 740 PARK AVE NEW YORK, NY 10021 SWEENY JAMES H III 2000 S BAYSHORE DR APT 51 MIAMI, FL 33133 TJR HOLDING LLC 777 WOODWARD AVE STE 300 DETROIT, MI 48226 UHLFELDER MARK N & ANNE E H 142 MAROON DR ASPEN, CO 81611 UYETAKE SIDNEY S REV TRST 50% 2033A ROUND TOP TERRACE HONOLULU, HI 96822 WALLACE ELLIOTT R & KAREN R 17856 FIELDBROOK CIR BOCA RATON, FL 33496 WJK HOLDINGS LLC 3975 INVESTMENT LN WEST PALM BEACH, FL 33404 Etiquettes faciles a peler i ♦ Repliez a la hachure afin de ; 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"_"n nw .Rl , Sens de --=--=,_-,- + onn i-n nrrnv :10 Easy Peel'& Labels ♦ S Bend along line to Use Avery® Template 51600 Feed Paper expose Pop-up EdgeTM j r AVERYO 5160 1 WOLTZ JAMES L 50% YANG LUZVIMINDA LIV TRUST 50% 600 NORTH HURSTBOURNE PRKWY #300 828 PONY LN LOUISVILLE, KY 40222 NORTHBROOK, IL 60062 ZAGORSKI ANOTHONY J 121 N POST OAK LN #1504 HOUSTON, TX 77024 YANG PO HSIUNG LIV TRUST 50% 828 PONY LANE NORTHBROOK, IL 60062 ttiquettes faciles a peter A Repliez a la hachure afin de ; www.avery.com Sans de - -- -- -- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: flis, 1�000 614-1;0K-GV0Yj P J•Q, Zff0J� ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: O R I G HN'A L 20j+ STATE OF COLORADO ) ss. County of Pitkin ) I, w I V V( P` H L U l�"C%�7 (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 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 BVday of c;lp(A , 20J4, 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) . 4. Mineral Estate Owner 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, PDs that create more than one lot, and new Planned Developments 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 22 day of Anai. 20A, by �.p WITNESS MY HAND AND OFFICIAL SEAL NO . My commission expires: ZO1 STATE OF-COLORADO NOTARY ID.20074004471 MY COMMISSION EXPIRES AML 15. 2018 Notary Public 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-I03.3 El; C PUBLIC NOTICE RE: MAROON CREEK CLUB SUBDIVISION & PLANNED DEVELOPMENT, PLANNED DEVELOPMENT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 8, 2014, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in the city council chambers meeting room, City Hall, 130 S. Galena Street, Aspen, CO, to review the proposal submitted by the Maroon Creek Club Master Association, c/o Joshua and Co., 300 S. Hunter Street, Aspen CO 81611, for the properties legally described as Lots 1-12, Lot 16, Lots 19-48, Maroon Creek Club Subdivision and commonly known as 1162, 1200, 1201, 1205, 1230, 1360, and 1470 Tiehack Rd; 190, 196, 268, 280, 285, 316, 331, 340, 353, 366, 386, 651, and 691 Pfeister Drive; 100, 110, and 120 Pfeifer Place; 61, 86, and 120 S. Meadow; 15 and 26 S. Willow Court; 31, 45, 71, 75, and 81 N. Willow Court. Applicant seeks to allow the landing of Transferable Development Rights (TDRs) on 43 lots within the subdivision. The request is to allow 10 lots to land up to 3 TDRS or 750 sq. ft. of Floor Area and 33 lots to land up tot TDRs or 500 sq. ft. of Floor Area. Applicant seeks approval from the City Council for an Amendment to the site specific approval to allow the landing of additional Floor Area. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2759, Jennifer.Phelan@cityofaspen.com The attached map outlines the current allowable Floor Area for the Lot and the proposed maximum number of Transferable Development Rights to be landed per lot. Each TDR is 250 sq. ft. of Floor Area. f a43 _ I,r 42 r mg Lot lj \ i t Lt 13 ALLOWABLE FLOOR AREAS AND Is PROPOSED MAXIMUM TDR ALLOWABLE FLOOR AREAS - \J 1 1 � w5.500+50 -- - .: / r� ��'cCl .?I � 1' ! ._ �.i'�4-X i .� i 1i`�F�Tn. m•, � i ,� .. l � - -. 8.2 MCC Notice TDR 2014Aug21-002.JPG August 21, 2014 Easy Peel® Labels i A Bend along line to AVERY® 51600 Use Avery® Template 51600 �' Feed Paper ==mom expose Pop-up EdgeTM A 101 OREGON LLC 1520 TIEHACK LLC 203 CLUBSIDE LLC 101 OREGON TRL 3944 GAIL ST 950 ECHO LN #100 ASPEN, CO 81611 HONOLULU, HI 968154501 HOUSTON, TX 77024 A & S HOLDINGS LLC ABADEE KARIN ADCOCK WILLIAM A 1529 GENESSEE VISTA RD 10 WILLIS RD PO BOX 452 GOLDEN, CO 80401 CASTLE COVE 2069 322 FLORA NEW SOUTH WALES AUSTRALIA, NEWBERN, TN 38059 ALBERTA TRUST ALLEN CARROL A REV TRUST ANDERSON AARON & KELLEY 3430 HILLDALE RD 15495 SW ALDERBROOK CIR MCCONNELL FORT WORTH, TX 76116 TIGARD, OR 97224 0098 GLEN DEE RD #9 ASPEN, CO 81611 ANDERSON GREGG R ARNOPOL ROBERT ALAN ARSDALE LUCAS VAN 39060 HWY 82 #17 1450 LINCOLN RD #704 98 GLEN DEE RD #12 ASPEN, CO 81611 MIAMI BEACH, FL 33139 ASPEN, CO 81611 ASPEN CONDO PROPERTIES LLC ASPEN COUNTRY INN I LP ASPEN GLEN GARRY LLC 261 JULES AVE #72 38996 HIGHWAY 82 ONE CAPITAL CITY PLAZA JEFFERSON, LA 70121 ASPEN, CO 81611 3350 PEACHTREE RD 10TH FL ATLANTA, GA 30326 ASPEN SCHOOL DISTRICT NO 1 RE ASPEN SKI LLC ASPEN SKIING COMPANY LLC 0235 HIGH SCHOOL RD 6160 CAMINO DELA COSTA PO BOX 1248 ASPEN, CO 81611 LA JOLLA, CA 92037 ASPEN, CO 81612 BARNETT M EDWINA BATHKE MICHAEL R & ROBIN R BAUMANN NANCY S FAMILY TRUST 130 NOVARA TRL 6047 VACQUERO CIR 3330 W ESPLANADE AVE S #100 MADISON, MS 39110-6812 CASTLE ROCK, CO 80108 METAIRIE, LA 70002 BAUTISTA CHRISTOPHER 1/3 BECK MARALEE JANE BENTLEY BETTY JANE HALL 2700 LOAN OAK PKWY 6380 WILSHIRE BLVD STE 1604 P O BOX 1538 EAGAN, MN 55121 LOS ANGELES, CA 90048 FLOWERY BRANCH, GA 30542 BERMAN LESLIE G TRUST BERNSTEIN 2012 TRUST 1/2 BISSIG TRUST 505 HARBORVIEW DR 3299 K STREET NW #700 300 DUCK KEY DR #10 BALTIMORE, MD 21230-5400 WASHINGTON, DC 20037 MARATHON, FL 33050 BOKRAM ELIZABETH & JOHN BOLIN JAMES EDWIN JR & MARY GRAY BOWERS FAMILY LP 0098 GLENN DEE RD #02 4518 FAIRFIELD AVE 613 WOODLAND DR ASPEN, CO 81611 SHREVEPORT, LA 71106-1430 GREENSBORO, NC 27408 Ittiquettes faciles a peter ; 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PROPERTIES LP 2935 IROQUOIS RD MEMPHIS, TN 38111 MALONE MARTHA N HIGHLANDS VILLAS #14 98 GLEN DEE RD ASPEN, CO 81611 MAROON CREEK TOWNHOMES HOA COMMON AREA 101 OREGON TRL ASPEN, CO 81611 MCRAE CAROLYN S 210 E CAPITAL ST 1210 JACKSON, MS 39201-2304 MOERY CLARENCE BRYAN JR PO BOX 1025 WYNNE, AR 72396 N2ZASM LTD 1800 W LOOP S #1875 HOUSTON, TX 77027 NEIL ZOLKIND MD PC PROFIT SHARING NELSON MARJORIE W GRANDCHILD PLAN & TRUST TRST 533 BELLWOOD AVE 400 WESTWOOD DR SLEEPY HOLLOW, NY 10591 DENVER, CO 80206 AVERY@ 51600 1 KOVLER JONATHAN & SALLY 875 N MICHIGAN AVE #3400 CHICAGO, IL 60611 LAZY CHAIR LOT 2 LLC 0133 PROSPECTOR RD #4102B ASPEN, CO 81611 LLSM INVESTMENT LLC 7204 QUEENFERRY CIR BOCA RATON, FL 33496 MAGGI MICHAEL 9030 SANDRINGHAM DR HOUSTON, TX 77024 MARAZ JEANNE M ONE ROWAYTON AVE ROWAYTON, CT 06853 MCCREARY WILLIAM F & PHILLIS M 9750 AMANITA AVE TUJUNGA, CA 91042 MENENDEZ BARBARA PO BOX 9553 ASPEN, CO 81612 MONTGOMERY RICHARD H III TRUST PO BOX 595 SIKESTON, MO 63801 NAP1HOLDINGS LLC PO BOX 8907 ASPEN, CO 81612 NICHOLS J D 50% 600 N HURSTBOURNE PKWY #300 LOUISVILLE, KY 40222 Ittlquettes fadles 6 peler i ® Repllez a la hachure afin de Utilisez le aa6arit AVERY® 51600 i Sens de TM i _�_. reveler le rebord Pop-up www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 51600 NICHOLSON JOHN J 21700 OXNARD ST STE 400 WOODLAND HILLS, CA 91367 ORWICK MICHAEL HAMILTON 8505 HAWK RUN TER MONTGOMERY VILLAGE, MD 208864373 OWENS JAMES L & MARY B 98 GLEN DEE RD #10 ASPEN, CO 81611 PERIMETER COMMUNICATIONS CORP 831 BYRNWYCK RD ATLANTA, GA 30319 A Bend along line to Feed Paper expose Pop-up EdgeTM NORDAM INVESTMENTS LLC 6504 HIGH DRIVE MISSION HILLS, KS 66208 OSTERMAN MICHAEL & LINDA LUCE PO BOX 262 POTTERSVILLE, NJ 07979 P D K LAND & DEVELOP LP 9635 E MONUMENT DR SCOTTSDALE, AZ 85262 PFEIFER FRIEDL ASPEN R E TRST 0172 W TIEHACK RD ASPEN, CO 81611 PITKIN COUNTY POMEGRANATE CONDO ASSOC COLORADO DEPT OF TRANSPORTATION COMMON AREA 530 E MAIN ST #302 38996 HWY 82 ASPEN, CO 81611 ASPEN, CO 81611 POTAMKIN AUTO BUTTERMILK LLC C/O LEXIE POTAMKIN 130 SPRUCE ST #30B PHILADELPHIA, PA 19106 RATNER DENNIS F 1577 SPRING HILL RD #500 VIENNA, VA 22182 ROMUNDSTAD TERRY O 4739 CAROLYN LN WHITE BEAR LAKE, MN 55110 RUSSAKINVESTMENTSINC 9 RED TAIL DR HIGHLANDS RANCH, CO 80126 SALYER CHRISTOPHER M 722 N BROADWAY # MEZZ OKLAHOMA CITY, OK 731026007 R FAMILY INVESTMENTS LP 800 MONARCH DR LA CANADA FLINTRIDGE, CA 91011 REDD MOUNTAIN HOLDINGS 1/2 INT EAGLE PINES PROPERTY 1/2 INT 3109 STIRLING RD, STE 101 FT LAUDERDALE, FL 33312 ROSNER DAVID N RES TRST 2599 N W 63RD LN BOCA RATON, FL 33496 S&J INVESTMENTS 11 LLC 222 N LASALLE #800 CHICAGO, IL 60601 SCHEIDT RUDI E JR 5100 WHEELIS DR #106 MEMPHIS, TN 38117 Q AVERY@ 51600 j 1 ORWICK JACQUELINE ANDREA 610 CROCUS DR ROCKVILLE, MD 20850 OUDT JOHN F & LESA B 5350 WATKA DR DALLAS, TX 75209 PEISACH KATHRYN FLECK 510 OREGON TR ASPEN, CO 81611 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 POMEGRANATE DEVELOP CO C/O WALLEN KATHLEEN 55-415 MEDALLIST DR LAQUINTA, CA 92253 RATNER DENNIS F 14248 SAUNDERS RD PECATONICA, IL 61063 ROBERTSON ROBERT & JENNIFER 2 BEEKMAN PL #1 B NEW YORK, NY 10222 RUBINO CARLIE 98 GLEN DEE RD #1 ASPEN, CO 81611 SAFIR ANDREW J 6380 WILSHIRE BLVD STE 1604 LOS ANGELES, CA 90048 SCHIRGER WILLIAM 14248 SAUNDERS RD PECATONICA, IL 61063 filquettes faciles A peler ; A Rep liez a la hachure afin de ; www.avery.com Sens de Il+ilicra7 la naharit A%IFRY® S7(,n® ! ._ _______ rAvAlar la rahnrd Pon-unTM ! 1-R00-60-AVERY Easy Peel® Labels i A Bend along line to Use Avery® Template 51600 Feed Paper expose Pop-up Edge TM SCHLICHTEMEIER ERNEST F & PEGGY P SCHROEDER MARLENE 46 NATIONAL BLVD PO BOX 809 CAT ISLAND, SC 29907 ASPEN, CO 81612 SHEA COYLE REV LIV TRUST SHOCKLEY-ZALABAK PAMELA S 410 COLONIAL RD 4015 STONEBRIDGE PT MEMPHIS, TN 38117-4027 COLORADO SPRINGS, CO 80904 SINGER GLEN H 552 N ISLAND DR GOLDEN BEACH, FL 33160 SPEER CHRISTINE REV TRUST PO BOX 2734 BONITA SPRINGS, FL 34133 STRAUB GRETCHEN ASHLEY PO BOX 9848 ASPEN, CO 81612 TATMAN RICHARD S & COLLEEN S 2213 WOODLANDS DR TYLER, TX 75703 TS BAR X LLC 601 E HYMAN AVE ASPEN, CO 81611 UMBARGER MARK R 98 GLEN DEE RD #1 ASPEN, CO 81611 SOLDNER FAMILY LTD PARTNERSHIP PO BOX 90 ASPEN, CO 81612 STITT FAMILY TRUST 1450 SILVER KING DR ASPEN, CO 81611 SVESTKA STEVEN J 1037 FOREST VIEW CT NAPERVILLE, IL 60563 TB 815 OREGON TRAIL LLC 1172 S DIXIE HWY #497 CORAL GABLES, FL 33146 TSOU MICHELLE 0098 GLEN DEE RD #6 ASPEN, CO 81611 UYETAKE DIANE M REV TRST 50% 2033A ROUND TOP TERRACE HONOLULU, HI 96822 VALDUN ASSOCIATES INTERNATIONAL VANTINE DAVID K & LISA A INC 98 GLEN DEE RD APT 3 C/O INN AT ASPEN ATTN: ACCOUNTING ASPEN, CO 816113406 38750 HWY 82 ASPEN, CO 81611 WILLIAMS BURRELL TRUST 8116 BOSS ST VIENNA, VA 22182 WILLIAMS MICHAEL C D 160 CHERRY ST DENVER, CO 80220 i 1 SEGUIN JEFF PO BOX 925 KOLOA, HI 96756 I AVERY(D 51600 1 SIMMS FAMILY TRUST 9320 WILSHIRE BLVD #300 BEVERLY HILLS, CA 90212 SOPRIS VENTURES LLC 18818 TELLER AVE #130 IRVINE, CA 92612 STONE ANDREW DAVID & DANA C 740 PARK AVE NEW YORK, NY 10021 SWEENY JAMES H III 2000 S BAYSHORE DR APT 51 MIAMI, FL 33133 TJR HOLDING LLC 777 WOODWARD AVE STE 300 DETROIT, MI 48226 UHLFELDER MARK N & ANNE E H 142 MAROON DR ASPEN, CO 81611 UYETAKE SIDNEY S REV TRST 50% 2033A ROUND TOP TERRACE HONOLULU, HI 96822 WALLACE ELLIOTT R & KAREN R 17856 FIELDBROOK CIR BOCA RATON, FL 33496 WJK HOLDINGS LLC 3975 INVESTMENT LN WEST PALM BEACH, FL 33404 I`tiquettes faciles a peler i A Repliez a la hachure afin de i www.averycom Utilisez le aabarit AVERY® 51600 Sens de ! -. r6v6ler le rebord Pon-uDTM ! 1-800-GO-AVERY Easy Peel® Labels i A Bend along line to Use Avery®7emplate 51604D jWed Paper expose Pop-up EdgeTm WOLTZ JAMES L 50% YANG LUZVIMINDA LIV TRUST 50% 600 NORTH HURSTBOURNE PRKWY #300 828 PONY LN LOUISVILLE, KY 40222 NORTHBROOK, IL 60062 ZAGORSKI ANOTHONY J 121 N POST OAK LN #1504 HOUSTON, TX 77024 10 AVERY@ 51600 j ® 1 YANG PO HSIUNG LIV TRUST 50% 828 PONY LANE NORTHBROOK, IL 60062 Etiquettes faciles a paler ; ® Replies a la hachure afin de ; vvww.avery:com r+a:en� In nnhnrit A\/CRV® C1tif1® i Sens de rnvnlnr Ip rahnrrt Pnn.unTM ! 1-RM-rn-AVFRY Regular Meeting Aspen City Council August 11, 2014 12. Mayor Skadron said he was honored to participate in the Maroon Bells birthday bash and the. Ducky Derby. CONSENT CALENDAR Councilwoman Mullins stated Buttermilk has maintained the same level of water use since 1993. She asked why they need 5,000 square feet of irrigated landscape at a primarily winter use facility. Debbie Quinn, attorney's office, and Phil Overeynder, water department stated they have not gone over the maximum. Mr. Overeynder stated 5,000 square feet is a pretty minimal request. Councilwoman Mullins said she wants to make sure the additional use is justifiable. Councilman Daily recused himself as he is a partner to Mr. Ferguson who is representing the Ski Company. Boots Ferguson stated the goal is to limit the changes but bring the agreement up to speed with the current project. 10 acre feet was in the original 1993 agreement. The average is in the three million acre foot range and he estimates it will go down. They always had the right to 5,000 square feet to use potable water for irrigation. The agreement specifically identifies the irrigation use for the parking lot side of bumps and will consist of potted plants, shrubs and trees. The remaining irrigation will use raw water. .Councilman Frisch moved to approve Resolution #96; seconded by Councilwoman Mullins. All in favor, motion carried. Resolution # 94- IT Storage area network. Mayor Skadron stated the memo says this project is coming in under budget and asked why. Jim Considine, IT department, said the budget included part of the network that was located at the County. This is for the production side and not the disaster side so it is only half of the total project. They are looking at using the current equipment as the disaster recovery site and when the project is done they will still be under budget. © Resolution #94, Series of 2014 — IT Storage Area Network (SAN) ® Resolution 496, Series of 2014 — Buttermilk Base Amendment and Restated Water Service Agreement e Resolution #95, Series of 2014 — Calling fora Special Municipal Election and Executing Intergovernmental Agreement with Pitkin County for Coordinated Election ® Minutes — July 28, 2014 Councilwoman Mullins moved to adopt the rest of the consent calendar; seconded by Councilman Frisch. All in favor, motion carried. Ordinance #26, Series of 2014' Maroon Creek Club- Planned Development Amendment Jennifer Phelan, community development, told the Council the master HOA is requesting an amendment to allow the landing of transferable development rights on certain properties. As a site specific approval the TDR's cannot be landed automatically but need to be permitted to be extinguished in this subdivision. There are 43 single family free market home sites that are requesting to land TDR's for a total of 96 TDR's. Staff will review specifics at second reading on September eighth. Councilman Frisch asked if this came up because the places to land has become fewer. Ms. Phelan stated' the Moore family PUD approached the City a few years ago and went before the planning and zoning committee. 3 Regular Meeting Aspen City Council August 11 2014 Mayor Skadron stated he wants to be certain that this is not prohibited in the original ordinance and would like more information on the history of the agreement. Councilman Frisch moved to read Ordinance #26, series of 2014; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE NO. 26 (SERIES OF 2014) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE MAROON CREEK CLUB SUBDIVISION AND PLANNED DEVELOPMENT THAT APPROVES THE EXTINGUISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS ON FORTY THREE LOTS WITHIN THE SUBDIVISION LEGALLY DESCRIBED AS LOTS 1-12, 16, AND 19-48 Councilman Frisch moved to approve Ordinance #26, Series of 2014 on first reading; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Mullins, yes; Daily, yes; Frisch, yes; Romero, yes; Mayor Skadron, yes. Motion carried. Ordinance #24, Series of 2014 — Council and Mayor Vacancies Jim True, city attorney, stated if this ordinance is passed at second reading on August 251" a resolution will be presented to authorize questions for the November election. The vacancy issues came up when Councilman Romero was appointed instead of being put to a vote. The Charter states it is done by appointment within 30 days from vacancy. Council has -asked to consider other manners to fill the vacancy. This would result in an amendment to section 3.8 of the Charter. The memo outlines the five significant changes. 1. Election by electorate require if vacancy is 365 days or more. 2. If the vacancy is less than 365 days Council may appoint or submit to electorate. 3. There is a default provision to the earliest scheduled election if council fails to set an election if one is required. 4. If there is one council seat being filled by an election, a candidate .must receive 50% plus one of the votes cast in order to be elected. If no candidate receives that majority, there will be a runoff. 5. A vacancy is created if someone attempts to serve in another elective office. Councilwoman Mullins asked for additional clarification as to when the vacancy starts. Mr. True said it is created on certain events and the term ends when it ends, June of an odd year. Mr. True said there are no changes to the recall procedure. Councilman Frisch said the old rules are very efficient but the community feels it is unfair and wants to vote. Direction from Council is if it is a long multi -year to get it in the public hands. Councilman Romero moved to read Ordinance #24, Series of 2014; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO. 24 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLOR -ADO, AMENDING THE CITY CHARTER OF THE CITY OF ASPEN BY AMENDING SECTIONS 3.8, TO MODIFY THE MANNER IN WHICH VACANCIES IN THE OFFICE OF COUNCIL AND MAYOR ARE FILLED 4 i MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director.Aw FROM: Jennifer Phelan, Deputy Planning Director RE: Maroon Creek Club, Planned Development Amendment, First Reading of Ordinance No. (Series of 2014) MEETING DATE: August 11, 2014 'LICANT:[PROPOSED LAND USE: oon Creek Club Master Continued allowance of a single-family residence ociation SUMMARY: EPRESENTATIVE: The Applicant requests an amendment to the Plai ill Lukes, William Clinton Development to allow 43 lots within the subdivision to land ukes Architect extinguish Transferable Development Rights. LOCATION: Maroon Creek Club Subdivision, specifically 43 tingle family home lots URRENT ZONING & USE he subject lots are zoned ther Moderate -Density esidential (R-15A) or Rural esidential (RR) all with a .anned Development (PD) ✓erlay. All of the lots permi e development of a single- mily residence. TAFF RECOMMENDATION: taff recommends approval of the amendment LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting an amendment to the Maroon Creek Club Subdivision and Planned Development (PD) allowing for the extinguishment of Transferable Development Rights (TDRs) on 43 lots within the subdivision. • Amendments. Minor Amendment to a Project Review approval (Subsection 26.445.110.D) is an amendment which represents an insubstantial change but which does not meet the established thresholds for an Insubstantial Amendment and may be approved, approved with Page 1 of 3 conditions or denied by the City Council. As the request proposes an increase to the allowable Floor Area, the request exceeds the allowances of an administrative review. PROJECT BACKGROUND: The Applicant has requested to amend the Maroon Creek Club Planned Development to allow for the landing and extinguishment of Transferable Development Rights on 43 lots approved for single family development. Exhibit B shows the actual location of the lots. The Maroon Creek Club is a subdivision consisting of approximately 369 acres and includes a mix of 43 single family lots, 37 townhomes, 39 employee housing units, trails and a golf course including parking, lodging, and a golf club. A similar amendment was approved for the Moore Family Planned Development in 2007 allowing for the landing of two TDRs on each single family lot. PROJECT SUMMARY: As a site specific development, TDRs cannot be extinguished on a property with a Planned Development Overlay unless approved and memorialized by the City. The applicant is requesting to allow the free-market single-family residential lots as receiver sites for TDRs. Overall the 43 lots range from 15,202 — 166,268 square feet in'size. The number of TDRs to be extinguished per lot is based on the allowable Floor Area of the lot as noted in Table 1. A total of 96 TDRs at 250 sq. ft. per TDR would be permitted. Tnhh- 1 • TT)Rc nrnnncetl fnr extinanichment Allowable Floor',, .Proposed numlier. ".Proposed Max . No. of Lots by Total No. of" Area of'TDRs per.lot Allowable Floor Floor Area; TDRs Area, 10,000 sq. ft. 3 or 750 sq. ft. 10,750 sq. ft. 10 30 6,000 sq. ft. 2 or 500 sq. ft. 6,500 sq. ft. 25 50 5,500 sq. ft. 2 or 500 sq. ft. 6,000 sq. ft. 8 16 Totals 43 96 STAFF COMMENTS: MINOR AMENDMENT TO A PROJECT REVIEW APPROVAL This amendment will allow the landing of TDRs within the subdivision's free-market lots that permit the development of a single family residence. Staff Comments: The Maroon Creek Club is a subdivision on the edge of town consisting of lots that tend to be much larger than in town lots. Sizes,for the single family residential lots range from 15,202 — 166,268 square feet in size. The allowance to land TDRs within this subdivision will have minimal impact to the character of the development as the allowable Floor Area tends to be larger and the landing of7DRs represents a Floor Area increase of 7.5 to 9 percent per lot. Allowing for expanded landing sites for TDRS encourages the preservation of historic landmarks by allowing more sites to land undeveloped floor area that has been severed from a historic resource which accomplishes a community goal of preserving Aspen's heritage as reflected in the built environment. Page 2 of 3 Although not requested, staff would support the landing of 4 TDRs on lots already allowing 10, 000 sq. ft. in Floor Area. STAFF RECOMMENDATION: Community Development staff finds the request meets the Project Review Standards and recommends approval of the request upon first reading. Second reading and the public hearing is scheduled for September.8, 2014. RECOMMENDED MOTION: "I move to approve the request fora Planned Development amendment allowing for the landing of TDRs at the Maroon Creek Club Subdivision upon first reading." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A — Project Review Standards EXHIBIT B — Application Page 3 of 3 AdMilk W 0 ORDINANCE NO. _ (SERIES OF 2014) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE MAROON CREEK CLUB SUBDIVISION AND PLANNED DEVELOPMENT THAT APPROVES THE EXTINGUISHEMNT OF TRANSFERABLE DEVELOPMENT RIGHTS ON FORTY THREE LOTS WITHIN THE SUBDIVISION LEGALLY DESCRIBED AS LOTS 1 -12, 16, and 19-48 Parcel IDs: 273514209001-273514209005, 273511309006-273511309012, 273511309016, 273511309019 — 273511309040, 273511209041-273511209045, 273511309046-273511309048 WHEREAS, the Community Development Department received an application from the Maroon Creek Club Master Association, represented by William Clinton Lukes Architect requesting approval of Planned Development Amendment to allow Transferable Development Rights to be landed on 43 lots within the subdivision; and, WHEREAS, the lots permit the development of a single family residence on each lot and the lots are located within either the Moderate -Density Residential (R-15A) or Rural Residential (RR) zone districts; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the request; and, WHEREAS, the City Council has reviewed and considered the development proposal under the, applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director and has taken and considered public comment on September 8, 2014; and, WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the application, encourages the preservation of historic resources; and, WHEREAS, the 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 THAT: Pursuant to the procedures and standards set forth in the Aspen Municipal Code, the City Council hereby approves amendments to the Maroon Creek Club Subdivision and Planned Development as noted within this ordinance. Page] of 3 Section 1: Amendments to Section 1, General Development Approvals The Maroon Creek Club Subdivision and Planned Development is amended to allow for the landing and extinguishment of Transferable Development Rights as noted in Table A, below. Table A: Allowances for Transferable Development Rights xis tin IPermitted g` Max Allowable Total No of > k Lots erinitted Allowable`Floor : number of =Floor Area,.with;; TDRs to land TDRs.,.'; Area -for the.'lot TDRs per lot : the landing of TDRs 10,000 sq. ft. 3 or 750 sq. ft. 10,750 sq. ft. 30 1,3,5,12,16 and 41-45 6,000 sq. ft. 2 or 500 sq. ft. 6,500 sq. ft. 50 2,4,6-11, 19- 31,40,46-48 5,500 sq. ft. 2 or 500 sq. ft. 6,000 sq. ft. 16 32-39 96 Section 2• 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 Planning and Zoning Commission or 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 an authorized entity. Section 3• 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 4• 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. 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 5• A public hearing on this ordinance shall be held on the 8`" day of September, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which heating a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Page 2 of 3 :7 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11 th day of August, 2014. Attest: Linda Manning, City Clerk Steve Skadron, Mayor FINALLY, adopted, passed and approved this _ day of 192014. Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney Steve Skadron, Mayor Page 3 of 3 Exhibit A — Project Review Standards 26.445.050. Project Review Standards. The Project Review shall focus on the general concept for the development and shall -outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Staff Finding: The proposed development, landing of TDRS, is not subject to any adopted regulatory plans. Staff finds this criterion not applicable. B.. Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 — Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Finding: Maroon Creek Club was initially reviewed and approved by Pitkin County and subsequently annexed into the City. As part of the original review, 1041 Environmental Hazard Review was granted by the County. Stafffinds this criterion met. C. Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The site plan responds to the site's natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. 2. The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Staff Finding: The site plan is not being modified by this request. Staff finds this criterion not applicable. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations, to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. Staff Finding: Allowing for expanded landing sites for TDRS encourages the preservation of historic, landmarks by allowing more sites to land undeveloped floor area that has been severed from a historic resource which accomplishes a community goal of preserving Aspen's heritage as reflected in the built environment. Staff finds this criterion met. 2. The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. Staff Finding: The Maroon Creek Club is a subdivision on the edge of town consisting of lots that tend to be much larger than in town lots. The allowance to land TDRs within this subdivision will have minimal impact to the character of the development as the allowable Floor Area tends to be larger and the landing of TDRs represents a Floor Area increase of 7.5 to 9 percent. Staff finds this criterion met. 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. Staff Finding: The Maroon Creek Club is similar to other development on the outskirts of town which include larger lots. allowing single-family homes and swathes of open space. Staff finds this criterion met. 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The, availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. Staff Finding: Off-street parking is not being modified by this request. Staff finds the criterion not applicable. 5. The Project Review approval, at City Council's discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110 — Amendments. Staff Finding: The request is not asking for dimensional flexibility in a multi -step review process. Staff finds the criterion not applicable. E. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412,. Commercial Design Standards, and Chapter 26.415, Historic Preservation. 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity.. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Staff Finding.- Design standards are not being modified by this request. Staff finds this criterion not applicable. F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Finding.- Pedestrian, bicycle and transit.facilities are not being modified by this request. Staff finds this criterion not applicable. G. Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 — Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines.be defined as part of the Detailed Review and documented within a Development Agreement. Staff Finding: Engineering design standards are not being impacted by this request. Staff finds this criterion not applicable. H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. E Staff Finding: Public Infrastructure and facilities are not being modified or affected by this request. Staff finds this criterion not applicable. I. Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Finding: Access and circulation are not being modified or affected by this request. Staff finds this criterion not applicable. C� JUL 01 W4 C6iY of ASPEN W I L L I A M C L I N T O N A R C Sunday, June 29, 2014 Sara Adams Community Development Department City of Aspen 130 South Galena Aspen, Colorado 81611 hand delivered re: City of Aspen TDR Program Request to Approve MCC Single Family Lots as Receiver Sites Sara: The Maroon Creek Club Master Association respectfully submits this application for approval of 43 single family home sites within the Maroon Creek Club PUD as potential landing sites for TDR's certified by the City of Aspen. This application is being made by the Maroon Creek Club Master Association, an entity that is separate and distinct from the Maroon Creek Club itself (the golf course, clubhouse, etc.), which is privately owned by Maroon Creek Club, LLC. For purposes of clarity and simplicity, we will refer to the Master Association as "MCC" and to the privately owned Maroon Creek Club as the "Club". I. OVERVIEW OF THE MAROON CREEK CLUB PUD The Maroon Creek Club development is a large PUD that straddles Highway 82 just west of Maroon Creek. The PUD is comprised of the Maroon Creek Club and golf course, which is privately owned and an entity separate from the Maroon Creek Club Master Association but a member of that Association, as well as both multi -family and single family residential lots. The residential lots include; A. 43 single family lots, all on the south side of Highway 82 and clustered generally around the base of the Tiehack Ski Area. B. One much smaller single family lot (Lot 13) with a home that is identified as employee housing. C. 37 townhomes in 3 developments; the Maroon Creek Town Homes, the Maroon Greens, and Clubside at Maroon Creek. The Maroon Creek Club owns 12 lodge units adjacent to the clubhouse and 39 employee units in THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARBONDALE COLORADO 81623-3109 PHONE 970 963 8029 WWW,WILLIAMLUKES.COM 0 0 a development adjacent to the private club on the north side of Highway 82. The Master Association holds title to several fairly large common area parcels, all of which are undeveloped and have been in pretty much their natural state for the last 20 years. There are a number of out -parcels within the boundaries of the MCC PUD and also some separate parcels of land and subdivisions that are either somewhat within the boundaries of our PUD or are accessed by roads that are part of our PUD. Although several have access and maintenance agreements with MCC, none of these are a part of the Master Association and are not included in this request to approve MCC as a landing site for City of Aspen TDR's. The Maroon Creek Club PUD was approved by Pitkin County in 1993 and the entire PUD was annexed into the City of Aspen in 1996/1997. The City and MCC have jointly implemented two Insubstantial Amendments to the PUD, the first in 2010 and the second in 2012, with the latter superceding and replacing the 2010 amendment. Both of these amendments clarified matters pertaining to single family residential development, allowable uses within Building and Development Envelopes, and some related issues that needed to be clarified after annexation. ll. RESIDENTIAL LOTS AT MCC A. The 43 free market single family lots range in size from approximately 15,157 SF (.35 acre) to 166,266 SF (3.82 acres). Development on each lot is governed by means of platted building and development envelopes rather than setbacks. B. 17 lots (primarily larger lots) have designated Development Envelopes in addition to the Building Envelope. C. The remaining 26 lots have designated Building Envelopes and the Development Envelope extends to the property lines (reference the 2012 Plat Amendment). D. There are currently 9 vacant single family lots, the other 34 now have homes on them. One of the 9 vacant lots is currently in the approval pipeline. E. All of the multi -family units and parcels have been fully developed and conveyed to individual owners. Each of the 3 developments has a sub -Association. III. ALLOWABLE FLOOR AREAS AT MCC A. By virtue of the PUD and Annexation agreements and documents, allowable floor areas at MCC are the Pitkin County standards in effect at the time of the annexation into the City of Aspen. B. There are three categories of allowable home sizes in MCC and each lot has a specific allowable floor area, as shown on a map included with this letter; 1. 10,000 SF plus an allowance of 500 SF for a garage. [10 lots in this category] 2. 6,000 SF plus an allowance of 500 SF for a garage. [25 lots in this category] 3. 5,500 SF plus an allowance of 500 SF for a garage. [8 lots in this category] IV. RECOMMENDED IMPLEMENTATION OF TDR PROGRAM AT MCC After a review of the existing home sizes, lot coverages, and suitability of the different types of lots for potential accommodation of TDR's, impacts on building sizes, and conformance with the platted Building Envelopes, the Maroon Creek Club Master Association proposes that the City approve 43 single family lots at Maroon Creek Club as designated landing sites for City of Aspen TDR's as follows; A. It is assumed that each TDR would allow a maximum of 250 additional square feet to be constructed. THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARBONDALE COLORADO 81623-3109 PHONE 970 963 8025 WWW.WILLIAMLUKES.COM Ask B. The designation of MCC as a landing site, and the specifics ion of the maximum number of TDR's potentially available for each specific lot, would not supercede any MCC covenants, Design Guidelines or other standards adopted by the Master Association, nor would the availability or potential to land TDR's modify in any way or supercede the platted Building Envelopes. C. Any potential use of a TDR or multiple TDR's would be specifically subject to review and approval by the Site and Architecture Committee of MCC ["SARC"] and compliance with all MCC and City development guidelines and requirements. The availability or potential of a single TDR or multiple TDR's would not create the `right" to land any number of TDR's on a specific lot. D. Lots 1, 3, 5, 12,16, and 41 - 45 would be approved for potential landing of up to 3 TDR's on each of the 10 lots. E. Each of the other 33 single family lots would be approved for potential landing of up to 2 TDR's on each of the lots. F. Lot 13 would not be included due to the very small lot size. V. POTENTIAL NUMBER OF TDR'S THAT COULD BE LANDED AT MCC A. 10 lots x 3 potential TDR's = 30 B. 33 lots x 2 potential TDR's = 66 C. Total = 96 VI. SUITABILITY We think that the 43 single family home sites at the Maroon Creek Club would be very suitable landing sites for one or more City of Aspen TDR's, especially considering the relatively modest additional floor area that a TDR allows. ■ Our lot areas are relatively large and the allowable square footage of building - particularly on the lots designated for 6,000 and 10,000 SF homes - provides a comfortable amount of yard space. IN All lots are governed by an active, managed Homeowners Association with a comprehensive set of Design Guidelines and an active design review board, the MCC Site and Architecture Committee ["SARC"]. ■ The SARC has neverencouraged orsupported construction outside of Building Envelopes and has always strived for suitable uses within Development Envelopes. MCC would have no intention of supporting the enlargement of any Building Envelopes in order to facilitate a TDR. IN Landing of one or more TDR's on an MCC property would require SARC review and approval of the intended configuration of the additional square footage. If the City decides to incorporate MCC as a designated landing site, MCC would immediately modify its Design Guidelines in order to make it clear that utilization of any TDR's will be subject to both SARC approval and City approvals, and that the number of allowable TDR's for a particular lot will be subject to site -specific design review. MATERIALS ENCLOSED ■ A copy of the Pre-App dated May 1, 2014 ■ City of Aspen Fee Agreement ■ HOA Letters of consent and representation IN HOA Certification THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARBONDALE COLORADO 81623-3109 PHONE 970 963 8025 WWW,WILLIAMLUKES.COM 0 ■ List of Property Owners within 300' of MCC boundaries, inc uding outparcels ® Check for $4,550 ® GIS Vicinity Map C GIS Map of MCC Parcels ® GIS TDR Implementation map Please let me know if you have any questions or if we need to provide any additional information. We'll look forward to hearing from you as to when this application will be considered by the City Council. Cordially, THE LAKESIDE STUDIO for the Maroon Creek Club Master Association W 0 t" William Lukes, Architect Architectural Advisor to SARC copies: MCC Board Members Sarah Korpela, Joshua & Co. Association Management Hal Dishler Association Counsel THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARRONDALE COLORADO 81623-3109 PHONE 970 963 8025 WWW.WILLIAMLUKES.COM MAROON CREEK CLUB MASTER ASSOCIATION c/o Josliva & Co. 300 South Hunter Aspen, Colorado 81611 attn: Sarah Korpela (970) 920-1776 Friday, June 27, 2014 Sara Adams Community Development Department City of Aspen 130 South Galena Aspen, Colorado 81611 Dear Ms. Adams: Please consider this letter as our authorization for Mr. Hal Dishler and Mr. William Lukes to represent the Maroon Creek Master Association with respect to our application for approval of the Maroon Creek Club PUD as a TDR receiver site and any related matters. Cordially, Leonard Laby►'gty President, MI y o Creek Club Master Association Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: H P to O N 610-5i PV- 6e V V D FV 0 I, the property owner, certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand the City of Aspen does not interpret, enforce, or manag effect of private covenants or homeowner association rules or bylaws. I is a public document. _ Owner signature: Owner printed name: or, Attorney signature: Attorney printed name: date: e the applicability, meaning or understand that this document 'Po Jy 0 2014- April, 2013 " City of Aspen 1 J30_S. Galena St.,1 (970) 920=5090 r1 Agreement to Pay Application Fees Rn aQreement between the laiv of Aspen cluav") and Property Maroon Creek Club Master Association Phone No.: 970 963 8025 Owner ("I"): Email: architects@Williamlukes.com Address of Maroon Creek Club Billing c/o Sarah Korpela Property: Aspen, Colorado Address: Joshua & Co. (subject of (send bills here) 300 South Hunter application) 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 $ 0 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. $ 4,550 deposit for 14 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director City use: 4550 Fees Due: $ Received: $ Property Owner: Name: Leonard President, Maroon Creek Club Title: Master Assodation Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 429-2778 DATE: May1, 2014 PROJECT: Maroon Creek Club PUD Amendment REPRESENTATIVE: Bill Lukes, architects@williamlukes.com DESCRIPTION: The Maroon Creek Club homeowners are interested in potentially amending the PUD to allow the landing of Transferrable Development Rights (TDRs) to increase the allowable floor area for single family homes in increments of 250 sf of floor area per certificate. The proposed amendment to the PUD is a one step review by City Council. This is also an opportunity to "clean up" other issues or concerns that the Maroon Creek Club homeowners may have with the PUD regulations. Neighborhood outreach is required prior to the scheduled City Council hearing. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.304.035 Neighborhood Outreach 26.445.110.D Minor Amendment to a Project Review approval Land Use Code is here: http://www.aspenpitkin.com/depts/38/citycode.cfm Land Use Application is here: httr)://www.aspenpitkin.com/Portals/O/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app%20fo rm.pdf Public Hearing: Yes for second reading at City Council. Review by: • Staff for complete application • City Council for amendment to PUD. Planning Fees: Planning Deposit — One Step ($4,550 for 14 hours) Referral Fees: None. Total Deposit: $4,550 (additional planning hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: One copy of the following: ❑ Proof of ownership/ right to apply. This should include a letter of consent from the HOA to the application. ❑ Signed fee agreement. ❑ Signed copy of HOA certification ❑ List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 Twelve copies of the following and a digital copy: ❑ Copy of Pre-App (this document) ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Total deposit for review of the application. ❑ An 81/2" by 11" vicinity map locating the area within the City of Aspen. ❑ A written description of the proposal. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. -M aWOWY 'c-M 'M 'P"o W WNW 'YWI IP99M 11 jl - r %I-Ll,3NMO-L N-:�dW. N AM, ra v3av NS SGNV7H91P N9dSV Ms ,ing _ rJ +- �f _./ ram,,,, ,_l r.x' ✓ o , r`:� .. z !fit �K� u`� �i � o 0 0 :':� y� 0 0 �� % 4�v �1 • � c 'V � o _ o o �., ' � , � j � � +'f' _,�, I `s , 'a, ; a � K ;r$I' NOMJVVY •1(131H=1 H3=113=1dAb 1V // Oil >133�10 NOONVVY • 133HVd t,' 1 L a o/ to FL CINV.. zs . • . st .• - "� �,� , ez i• Lz as gr az 1 Le ge \ � . 9z op oz pz tz zz sz 1 j a. '� 44 kk \ pp v♦ r \\\111 J ;� � � /� \�i� ' •�� 1 is ,.,' m = �' ` , x THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 8, 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 0058.2014. ASLU — Maroon Creek Club PD Amendment (TDRs). I will be the planner for the land use case. ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: ll! 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 nie at 429-2759 if you have any questions. Thank Y9-111 ennife elan, Deputy Planning Director City of spen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUQ Yes Now Subdivision, SPA, or PUD (creating more than 1 additional lot) - GMQS Allotments Residential Affordable Housing Yes. No Commercial E.P.F. Lodging