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HomeMy WebLinkAboutagenda.apz.20241001AGENDA ASPEN PLANNING & ZONING COMMISSION October 1, 2024 4:30 PM, Pearl Pass Meeting Room 3rd Floor, 427 Rio Grande Pl, Aspen I.ROLL CALL II.COMMENTS III.MINUTES III.A Draft Minutes 8-6-24 IV.DECLARATION OF CONFLICT OF INTEREST V.PUBLIC HEARINGS V.A 10 Club Circle - Maroon Creek Club - Minor PD Amendment to Detailed Review VI.OTHER BUSINESS VII.BOARD REPORTS VIII.ADJOURN minutes.apz.20240806.pdf Memo 10 Club Circle_Minor Amend to Detailed Review.pdf P&Z Resolution No. XXX Series 2024_Maroon Creek Club.pdf Exhibit A Minor Amendment to Detailed Review Approval Criteria.pdf Exhibit B Commercial Design Review Criteria.pdf Exhibit C Growth Management Quota System Review Criteria.pdf Exhibit D MCC Application.pdf TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission 1 1 and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met Revised January 9, 2021 2 2 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION AUGUST 6, 2024 Commissioners in attendance: Ken Canfield, Tom Gorman, Teraissa McGovern, Christine Benedetti, Marcus Blue, Charlie Tarver. Eric Knight entered at 4:32. Staff present: Jeffrey Barnhill, Planner I Sophie Varga, Planner I Kate Johnson, Assistant City Attorney Tracy Terry, Deputy City Clerk Commissioner Comments: Mr. Canfield asked where we are with setting up a session with Council. Ms. Johnson replied that she will work with staff to get a date on the calendar for a work session. Staff Comments: None. Public Comments: None. Minutes: Mr. Gorman motioned to approve the minutes from April 16th and the motion was seconded by Mr. Canfield. Ms. McGovern asked for a roll call vote. Roll call vote: Mr. Traver, abstained; Mr. Blue, yes: Mr. Knight, yes; Mr. Canfield, yes; Mr. Gorman, yes; Ms. Benedetti, yes; Ms. McGovern, yes. Motion passes 6-0. Mr. Gorman motioned to approve the minutes from May 7th and the motion was seconded by Mr. Knight. Ms. McGovern asked for a roll call vote. Roll call vote: Mr. Tarver, abstained; Mr. Blue, yes: Mr. Knight, yes; Mr. Canfield, abstained; Gorman, abstained; Ms. Benedetti, abstained; Ms. McGovern, yes. Motion passes 3-0. Disclosure of Conflicts of Interest: None. Submission of Public Notice for Agenda Items: Ms. Johnson said that notice remains valid on the first item and the second item required no noticing. Public Hearing: 331-338 Midland Avenue-Aspen Hills-Growth Management Quota System, Multi- Family Residential Design Standards, Transportation and Parking Review, continued from 7-16 Ms. Johnson asked for a confirmation on the record that the commissions not in attendance at the last meeting have listened to the minutes from the 7-16 meeting and have reviewed that complete packet including the agenda, power points, and public comment. Ms. Benedetti, yes; Mr. Blue, yes; Mr. Tarver, yes. Staff Presentation: Jeff Barnhill, Planner I Mr. Barnhill gave a brief overview of the project. 3 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION AUGUST 6, 2024 Board Questions: Mr. Blue asked what the current units there are categorized as and are there any rules that they must be replaced in exactly the same category. Mr. Barnhill replied that in the code, replacement and demolition of multifamily housing it specifies that the applicants can do RO or a lesser category for the units that are replaced and does not specify if they have to a specific category. He said he believes that APCHA recommended that they be a lesser category than RO but the code does not specify. Mr. Knight asked if there is any price cap on the RO units. Mr. Barnhill replied that he is not 100% but as far as he knows RO means that someone works the required number of hours within the County. Mr. Knight replied that it is confusing because he lives in Smuggler Park, which is RO, and there are places for sale for three million dollars. Ms. Johnson replied that her understanding is that if it is deed restricted as RO there is not a price cap, but APCHA is not present today. There are employment restrictions. Applicant Presentation: Chris Bendon, Bendon Adams Mr. Bendon introduced Dave Lavis, Theresa May, and the design team. He gave a brief overview of the information given at the last meeting. He said to his knowledge there not a limit on what the units can sell for on the first transfer, then there is a price cap. It is probably more limiting than Eric’s experience in Smuggler as it is a RO light and has very limited set of regulations. There is a limitation on the rental rate that can be charged on rentals and occupants need to be qualified working local residents. There are eight RO units, three of the eleven Affordable units are category 4 units so those are clearly price capped and rent capped. Board Questions: Ms. Benedetti asked if Mr. Bendon is aware of any other developments in town have a 50/50 split between deed restricted and free market units. Mr. Bendon replied the the requirement is not 50/50, the requirements are that the replacement requirements are the same number of bedrooms, square footage and units. Ms. Benedetti rephrased her question stating she didn’t mean 50/50 in number of units but in ownership where there are eleven deed restricted owners and eleven free market. Mr. Bendon replied that there are and APCHA requires a separate HOA for the free market and the deed restricted units. Mr. Tarver asked if all the numbers are correct and if they have been checked. Mr. Barnhill replied yes. Mr. Canfield asked what the response to the public comment about shading at the last meeting. Mr. Bendon replied that they are not a planned development, so those matters are not on the table. They are relying on the RMF zone district and its dimensions. Public Comment: Jeff Bestick, 301 Midland Park Pl, said the commission got the letter from the Midland Park board and that covers everything they are concerned about. He said RO is not affordable housing and if they decide to approve this project, he urges them to add a completion bond, so it does not sit empty for five years like the Werning project. Ann Marie McFee, 401 Midland Park Pl, was involved in the letter given yesterday. We are an employee housing neighborhood; we have a lot of families and a lot of kids. It is a busy intersection and when you 4 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION AUGUST 6, 2024 add shading, parking and snow melt it will become more dangerous. The impacts from this will be pushed onto our neighborhood. One spot per unit is not realistic. The goals of the community plan emphasize the community, not profit, so that they fit in the neighborhood. We will feel physical and economic impact and so will the City of Aspen. Kari Brooks, 112 Midland Park Pl, said she lives directly across from the site and the density is already tight. She is concerned about adding that many more units. There is constant traffic, no sidewalks, and we are a corridor for tourists and locals and there are a lot of blind corners. She doesn’t know if there is a way of managing traffic but adding to it will not help. It is a wildlife corridor. This winter there was a short-term renter and constant downtowners in the neighborhood. She agrees with Jeff and AnnMarie as well about the Aspen Community Plan. Judy Wender, 810 Midland Park Pl, wants to reiterate that she agrees with everything said. She said even though things are to code, the impact on the neighborhood is very important. The building will be higher than anything in the neighborhood, there are glass stairwells that will be facing our units and rooftop decks. She asked that they consider the impacts of the neighborhood. Ms. Johnson read public comment into the record from Midland Park HOA. Staff Rebuttal: none Applicant Response: Mr. Bendon replied that RO is affordable housing according to the City of Aspen and APCHA. He said this is not a design review and they are obligated to meet the city’s lighting code and snow removal regulations. He said you have discretion within the criteria before you for this review and that may not be as broad of latitude the neighbors want you to have. The Aspen Area Community Plan is not a regulatory document, it is an aspirational document that set out community goals and aspirations. It sets forth a resource for P&Z and City Council to pursue legislation but is not a regulatory document. Board Questions: Mr. Tarver said when they said “plans can be changed” what does that look like. Mr. Bendon said to do that they have to provide a full set of architectural plans, if they want to change something in those plans it would be reviewed by the building department in a building review. There is a certain amount of flexibility that is expected as a project goes from conceptual to building plans that will be used in construction. Board Discussion: Mr. Canfield said his understanding of their role is to analyze this application according to the criteria on the screen. According to staff all the criteria have been met and he hasn’t heard anything from the public that shows that staff is incorrect. He said they did a good job of weaving through the design criteria to make this project. It is his view that they should approve the project. He has given serious thought to all the public comment and a lot of them are the kinds of problems we all have all the time. We should be looking at the code to deal with these problems. The one problem with this project that stands out is 5 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION AUGUST 6, 2024 parking, which is a potential mess in the making. He said they do not have the ability to require but could possibly recommend that the parking mitigation payment could be spent in the Midland corridor. He is going to approve the application with that recommendation. Mr. Gorman said thanks to everyone who came to the meetings. This highlights the big gap in the code and personal experience. It meets the code but is flawed in that it will affect the neighborhood negatively in several ways. He finds himself in the position of not being able to say no and will approve with many reservations and hopes council will take up these considerations in the code. Mr. Blue said that Ken summed it up. He has his own thoughts having walked the neighborhood. The AACP doesn’t have any teeth to it so while I may agree with the vast majority of what is in there they have to stick to the code, and it meets the code. Ms. Benedetti said she used to live in this building and is aware of the neighborhood concerns. These are hard conversations to have. She is an advocate for affordable housing so feels that she has to support more housing. These are issues affecting all neighborhoods in Aspen. She will approve. Mr. Knight said the boxes are checked and it follows code. Staff said they feel like its aligned with the AACP and feels it does not. He will vote against as it does not meet the AACP. Ms. McGovern said a lot of her issues have been voiced by other commissioners. A lot of people in this room have affordable housing and we need to give others that opportunity. It ’s hard to approve a project that feels really big, but she does not see a way to deny the project. She will vote to approve. Mr. Tarver said nobody likes their neighborhood to change. The rooftop decks are just like patios but on the roof. There is the AACP and then there is the law. Don’t leave here and not doing anything about changing the code. Back in the day it was offered to make the street one way and no one in the neighborhood wanted it. He said you’re getting your approval, be nice. Ms. McGovern asked Ms. Johnson if they can make suggestions for the spending of the mitigation money. Ms. Johnson said they can make a recommendation, but conditions of approval are conditions the applicant has to meet and you would be asking the city to do something. She would advise that staff can convey that desire. Mr. Canfield said he was not wanting a condition of approval but a recommendation to council. Ms Johnson will work on talking to city officials about that. Mr. Tarver asked if Midland is being redone in 2025 and can they express the money be used on that project. Ms. Johnson said they can express that desire to city council and city departments. Ms. McGovern asked if they could take into consideration the AACP. Ms Johnson said there is GMQS before them and the purpose of that was to align with the AACP. She cannot dictate they vote one way or the other but can disagree with staff findings. Motion: Mr. Gorman moved to approve resolution 5 series 2024; Mr. Blue seconded. Roll call vote: Mr. Tarver, yes; Mr. Blue, yes; Mr. Knight, no; Mr. Canfield, yes; Mr. Gorman, yes; Ms. Benedetti, yes; Ms. McGovern, yes; Motion passes 6-1. 6 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION AUGUST 6, 2024 OTHER BUSINESS: Fee in lieu payment for 1295 Red Butte Dr. Staff presentation: Sophie Varga, Planner I Ms. Varga stated that the GMQS chapter was opened by council via policy resolution last month and part of that is to examine the credits program. Tonight, there is one project requesting to pay fee in lieu for a project at 1235 Red Butte. Staff has found that the request meets criteria and recommends approval. Application presentation: Ryan Walterscheid, Forum Phi Mr. Walterscheid said they tried to acquire housing credits but were unable to find any. Board Questions: none Board Discussion: none Motion: Mr. Blue moved to approve resolution 6 series 2024; Mr. Gorman seconded. Roll call vote: Mr. Tarver, yes; Mr. Blue, yes; Mr. Knight, yes; Mr. Canfield, yes; Mr. Gorman, yes; Ms. Benedetti, yes; Ms. McGovern, yes; Motion passes 7-0. Ms. Johnson asked if they would like to schedule a work session for September 3rd. There will be enough members for a quorum. They discussed what P&Z is allowed to do or not and some topics that may be discussed in a work session. Adjourn: Mr. Canfield motioned to adjourn; Mr. Gorman seconded. All in favor. Tracy Terry, Deputy City Clerk 7 Page 1 of 5 MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Sammi Montalto, AICP, Planner I THRU: Ben Anderson, Community Development Director MEMO DATE: September 20, 2024 MEETING DATE: October 1, 2024 RE: Maroon Creek Club PD, Minor Amendment to Detailed Review Approval APPLICANT: Maroon Creek Club LLC, 10 Club Circle, Aspen, CO 81611 REPRESENTATIVE: Chris Bendon, BendonAdams, 300 S. Spring St. #202, Aspen, CO 81611 LOCATION: Lot 51 Clubhouse & Facilities, Maroon Creek Club Subdivision CURRENT AND PROPOSED ZONING & USE This property is located in the Park (P) zone district with a Planned Development (PD) overlay and is developed as the Maroon Creek Club PD. The proposed uses will remaining consistent with what is existing at the clubhouse, with some renovations to various parts of the structure. SUMMARY: The applicant, Maroon Creek Club, is a golf, residential, lodging, and commercial project that spans across multiple parcels both north and south of Highway 82. The applicant requests a Minor Amendment to a Detailed Review approval for an update and renovation of the clubhouse. There are several components to this project, including: adding three outdoor canopies to the exterior, expanding the gym by enclosing an outdoor terrace, expanding the guest services kitchen, and installing observation decks over the indoor tennis courts. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission adopt the Resolution to approve the Minor Amendment to a Detailed Review approval as proposed. Figure 1. Maroon Creek Club Lot 51: Clubhouse | Aerial Image 8 Page 2 of 5 LAND USE REQUEST AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from the Planning and Zoning Commission: • Minor Amendment to Project Review Approval (Pursuant to Land Use Code Section 26.445.110): An application requesting approval to make changes and upgrades to the Maroon Creek Clubhouse, which requires Review by the Planning and Zoning Commission. The Planning and Zoning Commission is the final review body. SUMMARY OF PROJECT: Existing Conditions: The Maroon Creek Club PD encompasses a large area of ; but this application only pertains to Lot 51 and the residing clubhouse, visible in Figure 1 above. The clubhouse sits on Lot 51 of the planned development at 10 Club Circle. The building’s current commercial floor area is 64,280 square feet. The entrance and pro shop are currently undergoing renovations that have been previously approved. The Planned Development was awarded an additional 30,100 square feet of commercial space under BoCC Resolution No. 91-111. Through Pitkin County approvals from 1991 and 1992, commercial GMQS allotments were acquired for the additional commercial space. As of today, after other various additions have been approved and spent most of that 30,100, a remaining 8,319 square feet of commercial space is still allowable and unbuilt at the Maroon Creek Clubhouse. Proposed Changes: The clubhouse at Maroon Creek Club has a few different changes proposed within this application. On the exterior, three different covered areas are proposed. This includes an outdoor dining terrace, an outdoor fitness area, and an event space south of the clubhouse near the pool. Two separate expansions of the building are proposed: the gym and the guest services kitchen. Finally, the only fully internal addition is the observation decks for the tennis courts. Again, Maroon Creek Club has 8,319 square feet of floor area to work with and will be spending it on each of these components of the remodel. The following table lists the previous floor area allowances and where some of it was spent, as well as the proposed additions from this current application. Table 1. Floor Area Allowances and Redemptions – Past and Proposed Floor Area Change Square Footage Total Allowable Floor Area 30,888 Total Used in previous additions -22,569 Remaining Allowable Floor Area 8,319 Restaurant Dining Trellis 1,399 Covered Fitness Area 556 Event Space 1,080 Gym Expansion 2,434 Guest Services Kitchen Expansion 1,004 Observation Bridges 1,846 Total Proposed Expansion 8,319 9 Page 3 of 5 Figure 2. Outdoor Dining Terrace The outdoor dining trellis will cover the exterior patio in three different sections, as shown above, that will total 1,399 square feet. The portion of these areas that is counted toward floor area is any area that extends more than ten feet from the edge of the building. This language is from the Maroon Creek Club PD agreements as passed down from Pitkin County code, not the City’s Land Use Code. The proposed dining trellis will have a metal structural frame and a louvered roof system that can be opened and closed. The patio will be slightly expanded to accommodate the structural frame, with the southern portion changed from curvilinear edges to linear. After the floor are from these trellises are subtracted, Maroon Creek Club is left with 6,920 square feet of floor area for the rest of the project. Figure 3. Covered Fitness Area The covered fitness area is another outdoor space that will be covered with a weather-shielding canopy. This area is dedicated for outdoor fitness and yoga classes, and the canopy will allow these classes to take place in various weather conditions. The covered fitness area will count toward floor area in the same way that the above trellis will; only the area past 10 feet from the edge of the building will count. In this case, 556 square feet of floor area will be claimed by this covering. The clubhouse now has 6,364 square feet of floor area remaining. 10 Page 4 of 5 Figure 4. Event Space The last outdoor covered area is the proposed event space near the pool. This area will not have any floor area exemption like the above two because it is not an extension of the structure and is completely separate from it. This event space will be used for the various events hosted at Maroon Creek Club annually. Maroon Creek Club currently mitigates for various temporary structures used every year, and this permanent covering will allow them to use floor area they have already mitigated for instead of continuing to mitigate every year for tents that serve the same purpose. The event space will claim 1,080 square feet of the remaining floor area leaving 5,284 square feet in the bank. Figure 5. Gym Expansion Now, we move on to the more substantial additions to the building. The expansion to the gym will enclose an outdoor terrace adjacent to the current gym. According to representatives at the club, the terrace is rarely utilized but the interior gym can get overcrowded during peak hours. Enclosing this space will better accommodate the needs of the club’s fitness area. While enclosing this space will add massing to the structure, the architecture and materials will all match what is existing, and the footprint will not grow in size from this expansion. Enclosing this terrace will use 2,434 square feet of allowable floor area, so we are now left with 2,850 for the remaining components. Figure 6. Guest Services Kitchen Expansion The guest services kitchen is separate from the restaurant kitchen and exclusively serves the pool and golf services. This expansion is enclosing an existing ground floor patio. This added bulk to the north side of the building is facing the parking lot with over 200 spaces and is not visible from the street. This expansion is motivated by the need for better functionality in this kitchen, as the needs of service have outgrown the existing physical space. This expansion will add 1,004 square feet of floor area to the clubhouse, leaving the final 1,846 for the tennis observation bridges. 11 Page 5 of 5 Figure 7. Tennis Observation Bridges The final piece of this application is the tennis observation bridges. These are two viewing decks that will be part of the second floor, allowing occupants to look down on the tennis courts on the first floor below them. This is an internal addition and will have no impact on the exterior of the building, meaning that no Commercial Design Guidelines are applicable to this component of the remodel. Each bridge will be 923 square feet, so both collectively be using Maroon Creeks Club’s last allowable and mitigated commercial square footage: 1,846. After this remodel, if approved, Maroon Creek Club will have zero remaining commercial square footage. STAFF COMMENTS: The application is subject to Minor Amendment of a Detailed Review Approval as it includes multiple minor changes to the clubhouse facility. These updates are each motivated by various evolving needs of the clubhouse space. The most drastic changes proposed are the expansions to the gym and the guest services kitchen. These additions will add massing to an already large structure. However, the floor area added here is still within what has already been approved for the Maroon Creek Club PD. The additions will match the existing architectural style of the building and will comply with the City’s current building codes. The three covered areas on the exterior of the building will allow the clubhouse to use some of that outdoor space more comfortably during the hours of peak sun exposure. The observation decks above the tennis courts are entirely interior and will not affect the exterior of the building in any way. These additions can all be allowed with the extra 8,319 square feet of commercial floor area that was awarded to Maroon Creek Club in 1993. Each of the proposed changes is compliant with the relevant review criteria under our Land Use Code. The changes are considered insubstantial and qualify for a minor amendment. The mitigation for this floor area has already been processed and awarded to the PD. The exterior changes do not conflict with any relevant commercial design criteria. RECOMMENDATION: The Community Development Department Staff recommends the Planning and Zoning Commission approve the proposed plans finding that the review criteria are met. ATTACHMENTS: Resolution #__, Series of 2024 Exhibit A – Minor Amendment to Detailed Review Approval Criteria Exhibit B – Commercial Design Review Criteria Exhibit C – Growth Management Quota System Review Criteria Exhibit D – Application 12 P&Z Resolution # ____, Series of 2024 1 RESOLUTION #XX (SERIES OF 2024) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING MINOR AMENDMENT TO A DETAILED REVIEW APPROVAL FOR THE PROPERTY LOCATED AT LOT 51, MAROON CREEK CLUB SUBDIVISION, CITY OF ASPEN, COLORADO PARCEL ID: 2735-023-09-051 WHEREAS, the Community Development department received an application from Maroon Creek Club LLC, requesting Minor Amendment to a Detailed Review Approval for a plan to upgrade the clubhouse located at Lot 51, Maroon Creek Club Subdivision; and, WHEREAS, the Community Development department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the Land Use Code standards, and referral of the application to other City Departments for comments, the Community Development Director recommends Minor Amendment to a Detailed Review approval for the application proposed; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the application under the applicable provisions of the Land Use Code as identified herein, in particular Section 26.445.110 Planned Development Amendments, reviewed and considered the recommendation of the Community Development Director and took and considered public comment at a duly noticed public hearing on October 1, 2024; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the application under the applicable provisions of the Land Use Code as identified herein, in particular Section 26.412 Commercial Design Review; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the application under the applicable provisions of the Land Use Code as identified herein, in particular Section 26.470.080 Growth Management Quota System; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal for Minor Amendment to a Detailed Review approval meets the applicable review criteria and that approval of the request as described below is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare, and, WHEREAS, the City of Aspen Planning and Zoning Commission approves Resolution #0, Series of 2024, by a ____ to ___ (x - x) vote, recommending approval for Minor Amendment to a Detailed Review Approval as identified herein. 13 P&Z Resolution # ____, Series of 2024 2 NOW, THEREFORE BE IT RESOLVED the City of Aspen Planning and Zoning Commission finds as follows: Section 1: Minor Amendment to a Detailed Review Approval The proposed changes to the Maroon Creek Clubhouse are in line with the original approvals and meet the basic intent of the Planned Development. The Maroon Creek Club PD received approval for the proposed commercial space via BoCC Resolution No. 91-111. The use of the clubhouse will not change with these additions but will allow adequate room for each section to accommodate the growing needs of the Club. The proposed dimensions will not exceed what has been previously approved. Minor Amendment to a Detailed Review criteria have been met for a Planned Development. Section 2: Commercial Design Review Approval The changes to the exterior of the clubhouse building will match the existing architectural style and will not affect the character of the surrounding neighborhood. The materials will remain consistent with what is existing. Commercial Design Review criteria have been met. Section 3: Growth Management Quota System Approval The proposed square footage to be added with this approval has already received commercial GMQS allotments from previous approvals to allow for the floor area increase. Growth Management Quota System review criteria have been met. Section 4: Conditions of Approval This project will need to meet the following conditions of approval at time of building permit submittal: 1. The proposed development’s new impervious areas will need to meet all requirements of the Urban Runoff Management Plan for water quality capture volume. 2. Any impacts on utilities must be reflected in a utility plan submitted for permit review. 3. The proposed changes must comply with the City of Aspen’s adopted building code in place at the time of building permit submittal. Section 5: Material Representations 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, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: Existing Litigation This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: Severability If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed 14 P&Z Resolution # ____, Series of 2024 3 a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on October 1, 2024. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ___________________________________ ________________________ Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair ATTEST: ____________________________ Tracy Terry, Records Manager Attachment: Exhibit 1 – Approved Additions to the Maroon Creek Club Building 15 P&Z Resolution # ____, Series of 2024 4 Exhibit 1 – Approved Additions to the Maroon Creek Club Building Approved Site & Floor Plan Outdoor Dining Trellis Existing Proposed 16 P&Z Resolution # ____, Series of 2024 5 Covered Fitness Area Event Space Gym Expansion Proposed Existing Existing Proposed 17 P&Z Resolution # ____, Series of 2024 6 Guest Services Kitchen Expansion Tennis Observation Bridges Existing Proposed 18 Exhibit A: Minor Amendment to a Planned Development Approval - Review Criteria (e)Minor Amendment to a Detailed Review approval. An amendment found by the Community Development Director consistent with a Project Review approval and to be generally consistent with the allowances and limitations of a Detailed Review approval, or which otherwise represents an insubstantial change, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the Planning and Zoning Commission or the Historic Preservation Commission as applicable, pursuant to 26.445.040(b)(3) - Step Three. 26.445.070 Detailed Review Standards Detailed Review shall focus on the comprehensive evaluation of the specific aspects of the development, including utility placement, and architectural materials. In the review of a development application for Detailed Review, the Planning and Zoning Commission, or the Historic Preservation Commission as applicable, shall consider the following: A. Compliance with Project Review Approval. The proposed development, including all dimensions and uses, is consistent with the Project Review approval and adequately addresses conditions on the approval and direction received during the Project Review. Staff Finding: The proposed changes to the Maroon Creek clubhouse are all consistent with the previous approvals that have been granted for this Planned Development. The dimensions of the clubhouse are increasing, but the additional floor area has already been awarded to the PD via approvals from 1991-1996. The use of the building and the area surrounding it will remain the same. All proposed changes are within the parameters of what has already been approved through Pitkin County resolutions. Staff finds this criterion to be met. B. Growth Management. The proposed development has received all required GMQS allotments, or is concurrently seeking allotments. Staff Finding: All GMQS allotments required for this to complete this project. Staff finds this criterion to be met. C. Site Planning and Landscape Architecture. 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 landscape plan exhibits a well-designed treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Vegetation removal, protection, and restoration plans shall be acceptable to the Director of Parks and Open Space. Staff Finding: This standard is not applicable. No changes or additions to existing vegetation are proposed. 19 Exhibit A: Minor Amendment to a Planned Development Approval - Review Criteria (2) Buildings and site grading provide simple, at-grade entrances and minimize extensive grade changes along building exteriors. The project meets or exceeds the requirements of the Americans with Disabilities Act and applicable requirements for emergency, maintenance, and service vehicle access. Adequate snow storage is accommodated. Staff Finding: This standard is not applicable. No changes to site grading is proposed. (3) Energy efficiency or production features are integrated into the landscape in a manner that enhances the site. Staff Finding: The landscaping is not within the scope of this project. This standard is not applicable (4) All site lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. All exterior lighting shall comply with the City's outdoor lighting standards. Staff Finding: No exterior lighting changes are proposed for this application. This standard is not applicable. (5) Site drainage is accommodated for the proposed development in compliance with Title 29— Engineering Design Standards and shall not negatively impact surrounding properties. Staff Finding: No changes to site drainage are proposed for this application. This standard is not applicable. D. Design Standards and Architecture. The proposed architectural details emphasize quality construction and design characteristics. In meeting this standard, the following criteria shall be used: (1) The project architecture provides for visual interest and incorporates present-day details and use of materials respectful of the community's past without attempting to mimic history. Staff Finding: The proposed changes in this application include two separate additions to portions of the building. These additions will be consistent with the existing exterior. The architectural character of the building will remain the same, while being appropriately updated for its modern needs. Staff finds this criterion to be met. (2) Exterior materials are of a high quality, durability, and comply 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. Staff Finding: The materials will remain consistent with what is existing, including high-quality and durable finishes that are consistent with Chapter 26.412, Commercial Design Standards. Staff finds this criterion to be met. 20 Exhibit A: Minor Amendment to a Planned Development Approval - Review Criteria (3) Building entrances are sited or designed to minimize icing and snow shedding effects. Staff Finding: Any changes to building entrances will be designed with icing and snow shedding effects in mind. Staff finds this criterion to be met. (4) Energy efficiency or production features are integrated into structures in a manner that enhances the architecture. Staff Finding: The proposed additions will integrate any energy efficiency features into the new façade in a way that enhances the architecture. Staff finds this criterion to be met. (5) All structure lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. All exterior lighting shall comply with the City's outdoor lighting standards. Staff Finding: Any and all changes to the exterior lighting fixtures will remain complaint with the City’s updated outdoor lighting code. Staff finds this criterion to be met. E. Common Parks, Open Space, Recreation Areas, or Facilities. If the proposed development includes common parks, open space, recreation areas, or common facilities, a proportionate, undivided interest is deeded in perpetuity to each lot or dwelling unit owner within the Planned Development. An adequate assurance through a Development Agreement for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a prohibition against future development is required. Staff Finding: No open space is within the scope of this application. This standard is 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 new vehicular access points minimize impacts on existing pedestrian, bicycle and transit facilities. Any specific designs, mitigation techniques, and implementation timelines as required during Project Review comply with the applicable requirements of the Project Review and as otherwise required in the Land Use Code. These plans shall provide sufficient detail to determine if the design or mitigation concept complies with the intent of the requirements and to determine any required cost estimating for surety requirements, but do not need to be detailed construction documents. Staff Finding: No pedestrian, bicycle, or transit facilities are within the scope of this application. This standard is not applicable. G. Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the proposed subdivision to comply with 21 Exhibit A: Minor Amendment to a Planned Development Approval - Review Criteria the applicable requirements of Municipal Code Title 29—Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). Any specific designs, mitigation techniques, and implementation timelines as required during Project Review comply with the applicable requirements of Municipal Code Title 29— Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). These plans shall provide sufficient detail to determine if the design or mitigation concept complies with the intent of the requirements, but do not need to be detailed construction documents. Staff Finding: The proposed updates will comply with Title 29 – Engineering Design Standards. Staff finds this criterion to be met. 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. Any specific designs, mitigation techniques, and implementation timelines as required during Project Review comply with the applicable requirements of Municipal Code Title 29— Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). These plans shall provide sufficient detail to determine if the design or mitigation concept complies with the intent of the requirements, but do not need to be detailed construction documents. Staff Finding: No additional resources, infrastructure or facilities are necessary for the proposed facility updates. This standard is not applicable. I. Phasing of development plan. If phasing of the development plan is proposed, each phase shall be designed to function as a complete development and shall not be reliant on subsequent phases. Phasing shall insulate, to the extent practical, occupants of initial phases from the construction of later phases. All necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the Planned Development, construction of any required affordable housing, and any mitigation measures shall be completed concurrent or prior to the respective impacts associated with the phase. Staff Finding: Phasing is not requested for this application. This standard is not applicable. 22 Exhibit B: Commercial Design Review - Review Criteria Sec. 26.412.060. - Review Criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: (a) Guidelines and Standards. (1) The Commercial, Lodging and Historic District Design Standards and Guidelines are met as determined by the appropriate Commission. The Standards and Guidelines include design review criteria that are to be used to determine whether the application is appropriate. Staff Finding: The proposed changes will remain consistent with Commercial Design Guidelines. The Commercial Design Standards that are within the purview of this proposal include: Building Mass, Height, and Scale, Materials and Details, Lighting, Service, and Mechanical Areas, and Remodel. The others (Site Planning and Streetscape, Alleyways, Parking, Street Level Design, and Roofscape) are not relevant to the scope of this project. The proposed additions to the mass of the building are all at separate sections of the building façade(s) and still leave the building with a good amount of height variation. The building is not left looking significantly bulkier than it looks now. This building is also on the outskirts of town, where not many passersby are even able to glance at the structure. The proposed materials are consistent with the existing palette. The result will be additions that seamlessly blend in with the previously built sections and are just as durable. The only additional lighting on the exterior will be integrated into the dining trellis. This lighting will comply with the current outdoor lighting code. No changes to mechanical areas are proposed. This remodel will keep the building’s appearance true to what is existing. The building’s character will stay consistent, having no negative impact on the surrounding neighborhood. Staff finds this criterion to be met. (2) All applicable standards in the Commercial, Lodging and Historic District Design Standards and Guidelines shall be met unless granted a Variation pursuant to Section 26.412.040(d), Variations. Staff Finding: No Variations are required for the proposed changes. Staff finds this criterion to be met. (3) Not every guideline will apply to each project, and some balancing of the guidelines must occur on a case-by-case basis. The applicable Commission must: a. Determine that a sufficient number of the relevant guidelines are adequately met in order to approve a project proposal; b. Weigh the applicable guidelines with the practicality of the measure. 23 Exhibit B: Commercial Design Review - Review Criteria Staff Finding: All applicable guidelines are met with the proposed changes. Many of the guidelines are not relevant due to the limited scope of this proposal, as well as the location (well outside the core and infill area of Aspen). Staff finds this criterion to be met. (b) Pedestrian Amenity. The proposed development meets the requirements of Section 26.412.070, Pedestrian Amenity. Staff Finding: The underlying zone district (Park) is not subject to these requirements per Section 26.412.070.a Applicability and Requirement. This standard is not applicable. 24 Exhibit C: Growth Management Quota System - Review Criteria 26.470.150. - Amendment of a growth management development order. (a) Insubstantial amendment. An insubstantial amendment to an approved growth management development order may be authorized by the Community Development Director if: 1. The change conforms to all other provisions of the Land Use Code and does not exceed approved variations to the residential design standards, require an amendment to the commercial design review approval or such variations or amendments have been approved. Staff Finding: No variations are required for this proposal. The relevant Commercial Design Guidelines are met with what has been submitted. Staff finds this criterion to be met. 2. The change does not alter the number, size, type or deed restriction of the proposed affordable housing units, subject to compliance with the Aspen/Pitkin County Housing Authority Guidelines. Staff Finding: The existing deed-restricted units within the Maroon Creek Club PD will all remain the same. No additional affordable housing units are proposed at this time. None of the residential uses are within the scope of this project. Staff finds this criterion to be met. 3. The change is limited to technical or engineering considerations discovered prior to or during actual development that could not reasonably be anticipated during the review process or any other minor change that the Community Development Director finds has no substantial effect on the conditions and representations made during the original project review. Staff Finding: The Maroon Creek Development Corporation (MCDC) acquired Growth Management Allotments for the commercial square footage, as stated in the final approval granted in BoCC Resolution No. 91-111 consisting of 26,100 square feet of the planned 30,100 commercial square footage of the Pfister Ranch/Golf project. To achieve the 30,100 square foot total for the project, the MCDC obtained the remaining 4,000 square feet in the 1991 GMQS competition via Pitkin County Planning and Zoning Commission Resolution No. 91-79 and BoCC Resolution No. 92-5. The SIA summarized the commercial square footage that could be added to the Grand Champions building (now known as the Club building of the Maroon Creek Club) as consisting of 30,100 square feet, 8,000 of which was to be used for an expansion of the golf cart storage. A subsequent administrative amendment added 788 square feet to the total commercial square footage that could be added to the Club building. Subtracting the square footage reserved for golf cart storage, the Club building was allowed to expand by 22,888 square feet. A 14,569 square foot expansion was accomplished in the late 1990s leaving 8,319 square feet of commercial space that can be added to the Club building. 25 Exhibit C: Growth Management Quota System - Review Criteria The affordable housing obligation of this project was met though the construction of the Maroon Creek Apartments and a single-family home near the base of the Tiehack lift, all of which are deed restricted according to the requirements of the Aspen/Pitkin County Housing Authority. Affordable housing mitigation for the remaining commercial square footage allowance has been provided. The proposed additions to the Maroon Creek Clubhouse are using the square footage identified as allowed with the above-mentioned project approvals. The commercial square footage described in the SIA remains a development right of the applicant and the housing mitigation has been provided. Overall, through a sequence of several different approvals from the 1990s, as well as several other additions and remodels, Maroon Creek Club is currently left with 8,319 square feet of commercial space that is mitigated, but not built-out. Staff finds this criterion to be met. 26 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM March 15, 2024 Haley Hart, AICP Long Range Planner City of Aspen 427 Rio Grande Place Aspen, CO 81611 RE: Maroon Creek Club – Lot 51, Maroon Creek Club Planned Development Amendment Ms. Hart: Please accept this request for an Amendment to the Maroon Creek Club Planned Development to accommodate several planned expansions of the clubhouse. The proposed expansions utilize previously granted commercial square footage gained through the Pitkin County Growth Management Quota System. Affordable housing mitigation associated with this commercial square footage was provided in 1999 through the development of the Maroon Creek Apartments. The above map shows the location of the Maroon Creek Club, west of downtown Aspen The proposed expansion consists of both interior and exterior changes to the building. An interior expansion to accommodate observation “bridges” above the indoor tennis courts is planned. An expansion of the gym will enclose an existing outdoor terrace. The remaining expansions are covered, unenclosed outdoor areas to accommodate outdoor dining, outdoor fitness, and an outdoor flex/event space. These covered areas count (partially) towards the allowable floor area. The entire club building and these expansion areas are considered commercial. This application responds to the Planned Development Amendment, Growth Management, and Commercial Design Review sections of the City’s Land Use Code. Architectural changes to the exterior of the building are proposed in the same architectural style as the current facility. The building recently went through an architectural refresh, including changes to the entryway and drop-off area. 27 Maroon Creek Club PD Amendment Page 2 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Background: The Pfister Ranch/Golf project (now known as the Maroon Creek Club) is a multi-parcel golf, residential, lodging, and commercial project originally proposed by the Maroon Creek Development Corporation (MCDC). The project was reviewed over several years and approved in Pitkin County through the adoption of Pitkin County Resolution No. 111 -91 granting detailed approval and Resolution No. 93-104 granting final plat approval. Resolution 93 restated the approvals granted by Pitkin County and became the dominant document in case of discrepancies. A water service agreement was approved by the City of Aspen in 1993 providing the development with municipal water. Growth Management Allotments for the commercial square footage were obtained the MCDC, as documented in the final detailed submission approval granted by Pitkin County via BoCC Resolution No. 91-111 consisting of 26,100 square feet of the planned 30,100 commercial square footage of the Pfister Ranch/Golf project1. To achieve the 30,100 square foot total for the project, the MCDC obtained the remaining 4,000 square feet in the 1991 GMQS competition via Pitkin County Planning and Zoning Commission Resolution No. 91-79 and BoCC Resolution No. 92-5.2 These previous growth management approvals were summarized in BoCC Resolution No. 104- 93 with a proviso that Reso 104 become a dominant document in case of discrepancies. A Subdivision Improvements Agreement (SIA), reviewed approved by Pitkin County, was recorded in 1993 as reception no. 363236. The SIA was recorded under Pearce Equities Group II, LLC, which was the successor to the MCDC. The name of the project was changed to the Maroon Creek Club. The SIA summarized and detailed the land use entitlements (referred to as the “project approvals” in the SIA) and became the controlling document for the project, essentially replacing the various resolutions adopted by the County for the project including Reso 104.3 A snippet of the SIA is shown to the right assigning dominance to the SIA in case of a discrepancy 1 See page 5 of BoCC Reso 91-111 summarizing prior GMQS approvals. 2 See BoCC Reso 92-5 allocating 14 “EGUs” to the MCDC Pfister Ranch/Golf project. See Pitkin P&Z Reso 91-79 for reference to 4,000 square feet. 3 See Subdivision Improvement Agreement for Maroon Creek Club, section 21.f 28 Maroon Creek Club PD Amendment Page 3 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The Maroon Creek Club project consists of free-market residential, affordable residential, commercial, lodging, and recreational uses across 370 acres of land. The affordable housing and other required mitigations for the entire project were stated in the SIA. A snippet of the SIA summarizing the allowances by type of development is shown to the right. The full SIA is attached for reference. Extended Vested Rights The project involved substantial infrastructure development of roads and utilities and substantial earthmoving, grading, drainage improvements and landscape installation. These aspects of the project were detailed in the SIA and the associated architectural, civil, and landscape drawings. Recognizing the complexity and the interrelated nature of various components within the development, Pitkin County granted the Maroon Creek Club project an extended period of Statutory vested rights. A specific date was not identified; the vested rights were based on an expected phased build-out of the development with the ability to update the build-out schedule. To the right is a snippet of Section 20 of the SIA regarding vested rights Section 3 of the SIA describes a general construction timeline and references a “Phasing Schedule” which was attached to the SIA. The extended period of Statutory vested rights was linked to this Phasing Schedule. The Phasing Schedule could be amended by the Community Development Director which would trigger an automatic extension of the period of vested rights to adhere to the new phasing schedule. No amendments to the phasing plan show in the project files. 29 Maroon Creek Club PD Amendment Page 4 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The language to the right is taken from Section 3 of the Subdivision Improvement Agreement, referring to a construction phasing schedule. Section 3 also describes the impact on the project approvals upon “non-adherence” to the Phasing Schedule. Non-adherence would terminate the Statutory vested rights but leave the Project Approvals intact. The language shown above from the SIA states “…such non-adherence shall not result in any loss or abandonment of any Project approvals, including growth management quota system allocations and replacements.” Annexation into City of Aspen Pearce Equities sought annexation of the Maroon Creek Club lands into the City of Aspen. Annexation was a stipulation of the water service agreement with the City of Aspen. The lands were annexed pursuant to City of Aspen Ordinances No. 33 and 34, Series 1996. The lands were provided City of Aspen zoning and the project’s development allowances were clarified and explained, pursuant to City of Aspen Ordinance No. 40, Series 1996. The City accepted the approvals granted by Pitkin County, without amendment. A whereas statement in Ordinance 40 reads: WHEREAS, it is the obligation of the City of Aspen, under the Water Service Agreement, to not divest or diminish the land use approvals or development rights awarded by Pitkin County for the project in their entirety and has therefore maintained all existing County approvals, findings, written interpretations and amendments for the subdivision granted prior to the annexation agreement; and4 The approvals, including numerous amendments, have been administered by the City of Aspen since the annexation. Today, the Maroon Creek Club subdivision is largely built-out with only a handful of vacant residential lots remaining. 4 See Ordinance 40, Series 1996, third whereas statement. 30 Maroon Creek Club PD Amendment Page 5 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Build-Out and City Administration of Approvals The affordable housing component of the project was completed in 1997. The Maroon Creek Apartments located just west of the Club building on Stage Court contain 42 one-, two-, and three- bedroom rental units. An additional single-family unit near the Tiehack lift was constructed and sold to a qualified purchaser. These units comprised the affordable housing mitigation requirement of the project. The lodging component of the project is complete. A 1998 (unrecorded) insubstantial amendment allowed the 12 lodge units to be reconfigured as 8 units, utilizing the same square footage. These units were constructed in 1998-1999. Language to the right is taken from an (unrecorded) amendment approved in 1998 regarding the lodging units The golf course halfway house at the Maroon Creek Club, originally planned to be 1,200 square feet, was developed at just 312 square feet. A golf course halfway house is a small ancillary shelter located on a golf course, usually with a restroom and a drinking fountain, available to golfers during their round of golf for a nature break, to buy snacks, and to order drinks. This is not to be confused with a residential facility assisting recently released prisoners reorient to civilian life under custodial protocol. An amendment in 2000 reallocated the unused 888 square feet from the halfway house back to Lot 51 to be added to the remaining commercial square footage. The clubhouse received 788 square feet of this unused allowance. The remaining 100 square feet was reserved for a seasonal 10’x10’ food service tent between holes 10 and 11, providing additional opportunity for snacks and drinks. 31 Maroon Creek Club PD Amendment Page 6 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Language to the right is taken from an (unrecorded) amendment approved in 2000 regarding the halfway house The commercial component of the project was partially constructed. The Grand Champions Club facility was planned for a significant expansion utilizing commercial square footage relocated from other properties within the subdivision (Romeo’s Restaurant and the Aspen Country Inn) and supplemented with commercial square footage gained through the County’s growth management quota system. To the right is a snippet of the commercial component of the project as stated in the SIA The City of Aspen has administered the Maroon Creek Club entitlements according to the Project Approvals and the passage of time has not caused any divestment or diminishment nor any loss or abandonment of the rights stated in the SIA. 32 Maroon Creek Club PD Amendment Page 7 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Remaining Commercial Expansion: The land use approvals granted by Pitkin County did not document existing conditions of the Grand Champions building. The entitlements merely stated authorization to add commercial square footage to the building. While the 1993 approval did not state the size of the existing clubhouse, Bill Poss and Associates is very familiar with the Maroon Creek Club facility, having provided architectural services to the Club for decades. Bill Poss and Associates prepared a diagram of the Club’s commercial, lodging, and golf cart storage square footages over time. (Please refer to architectural exhibits) At the time of the 1993 approval, the Grand Champions Club (as it was known at the time) was approximately 49,711 square feet, all of which was considered commercial area. An addition to the Club in the late 1990s expanded the commercial square footage by 14,569 square feet, bringing the commercial portion of the building to its current size of 64,280 square feet. Diagrams prepared by Bill Poss and Associates show the evolution of the Club building, over time, by level. (please see larger drawing set) Cart storage was approximately 4,530 square feet at the time of the 1993 approval and has not been expanded. While this square footage allowance cannot be repurposed for commercial usage, the applicant may still want to expand the cart storage area in the future by utilizing this remaining 8,000 square feet. This application does not dip into this remaining golf cart storage allowance. The approved lodging units were added to the Grand Champions building in the late 1990s. Square footage associated with these units is not considered commercial; the lodging units were called-out as a separate development right. In summary, the commercial area of the Grand Champions building was granted approval to expand by 22,888 square feet. This is comprised of the 31,100 square feet stated in the approval, minus the 8,000 square feet allocated to cart storage area, plus the 788 square feet from the unused half-way house allowance. The chart to the right shows the total commercial allowance for Club expansion Commercial Expansion Allowance Golf Cart Storage "Returned" from golf Ancillary Structures Available for Club Building Expansion 30,100 - 8,000 + 788 = 22,888 33 Maroon Creek Club PD Amendment Page 8 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Subtracting the 14,569 square foot commercial expansion accomplished in the late 1990s leaves the Club building with a potential to add 8,319 square feet of commercial space to the Club building. This application proposes to utilize this square footage square feet of this remaining allowance. Proposed Expansion: The clubhouse building is proposed for expansion in five areas. Restaurant Dining Trellis The outdoor bar and restaurant area of the clubhouse is proposed for expansion by 1,399 square feet. Most of the expansion is covered with a horizontal trellis while a small expansion of the existing pitched roof is also proposed. While the expansion areas are unconditioned outdoor spaces, the covered areas that are more than 10 feet from the edge of the building are to be counted as floor area.5 The plan and 3-D image to the right shows the areas and character of the dining terrace expansion The trellis structures will consist of a metal structural frame and an operable louvered roof system that can be opened and closed depending on weather conditions. 5 See City of Aspen Ordinance 40, 1996, Exhibit A for floor area calculation methods 1993 “Original” Grand Champions 1993 Commercial Expansion Potential 1998-9 Commercial Additions Total Current Club Remaining Club Expansion Potential Total 49,711 22,888 14,569 64,280 8,319 34 Maroon Creek Club PD Amendment Page 9 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Tennis Observation Bridges A 1,846 square foot expansion of the main level above the tennis courts is planned to provide overhead viewing of the tennis courts. This expansion is entirely internal. The overhead walkways above the tennis courts are highlighted in green in the snippet to the right Gym Expansion A 2,434 square foot e xpansion of the gym is planne d to enclose a large outdoor terrace adjacent to the existing gym. The existing outdoor terrace is seldom used and an enclosed space will better accommodate the needs of the club. Large operable windows are planned along the western façade. The diagrams to the right show the existing outdoor gym terrace on the left (shown in white) and the proposed enclosure area on the right (shown in light green) The rendering below shows the character of the proposed gym expansion 35 Maroon Creek Club PD Amendment Page 10 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Guest Services Kitchen Expansion A 1,004 square foot expansion of the existing guest services kitchen is planned. This kitchen serves the pool, pool lounge, event space, and golf services. (The restaurant has its own dedicated kitchen.) The expansion is just north and east of the existing guest services kitchen. Covered Fitness A new covered area adjacent to the lower level of the gym, on the west side of the building, is proposed as a covered outdoor fitness area. This area is currently accessible and connects the gym and lockering area to the outdoor tennis courts and pool area. Covering this area will enable better use of the space, including (seasonal) outdoor fitness classes. Areas within 10 feet of the building are exempt from floor area calculations, leaving 556 square feet of covered area counting towards the floor area allowance.6 The renderings to the right show the existing condition (upper) and proposed covered fitness area (lower). The plan below highlight in green the portion of the structure that will count towards the allowable floor area 6 ibid 36 Maroon Creek Club PD Amendment Page 11 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Event Space A new event space of 1,080 square feet located just south of the main building and east of the outdoor pool is proposed to accommodate various uses and activities throughout the year. This structure will minimize the need for temporary “party” tents. Like the dining terrace expansion, the event space is an unconditioned outdoor space that due to the covering will “count” as floor area. No exemption is assumed for this structure as it is not connected to the main building. The structure is proposed as a simple post and beam wooden structure with open sides. The plan and rendering to the right show the location and character of the proposed event space The proposed expansion is within the parameters set forth in the Subdivision Improvements Agreement. However, the SIA did not provide specific layout and architecture of the expansion and the overall documentation is lacking. The property is legally described as Lot 51; Maroon Creek Club Subdivision. The property is owned by Maroon Creek Limited Liability Company LLC with Maroon Creek Investors LLC as its Manager. Andrew Hecht is the Manager of Maroon Creek Investors LLC. BendonAdams has been authorized by Mr. Hecht to submit this request. We believe this request contains the necessary information for a complete and competent review. Please let us know if additional information is needed. We look forward to your review and will make ourselves available for any questions or concerns you have. Restaurant Dining Trellis Observation Bridges Guest Services Kitchen Expansion Covered Fitness Area Gym Expansion Event Space Total Expansion Total sq. ft. 1,399 1,846 1,004 556 2,434 1,080 8,31 9 37 Maroon Creek Club PD Amendment Page 12 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Kind Regards, Chris Bendon, AICP BendonAdams LLC Attachments: A 1. Review Criteria – GMQS 2. Review Criteria – PD Amendment 3. Review Criteria – Approval Documents 4. Review Criteria – Commercial Design Standards B 1. Survey 2. Site Plan, Existing and Proposed plans, Lighting Spec. 3. Preliminary Engineering Report C 1. Land use application form 2. Fee agreement 3. HOA form 4. Authorization letter 5. Statement of authority 6. Proof of ownership 7. Pre-Application conference summary 8. Vicinity map D 1. Subdivision Improvement Agreement – 363236 2. City of Aspen Ordinance 40, 1996 3. Pitkin County BoCC Reso 93-104 4. Pitkin County BoCC Reso 92-5 5. Pitkin County P&Z Reso 91-79 6. Pitkin County BoCC Reso 91-111 38 Exhibit A1 Review Criteria GMQS 26.470.150. - Amendment of a growth management development order. (a) Insubstantial amendment. An insubstantial amendment to an approved growth management development order may be authorized by the Community Development Director if: 1. The change conforms to all other provisions of the Land Use Code and does not exceed approved variations to the residential design standards, require an amendment to the commercial design review approval or such variations or amendments have been approved. Response: The 1993 approval of the Maroon Creek Club allocated commercial square footage to Lot 51 (the Grand Champions Club parcel) but did not include specific architectural plans for the expansion. Pitkin County did not have Commercial Design Review or any level of architectural review standards. As a requirement of the County approval, a set of architectural controls and design guidelines were adopted for the Subdivision. The guidelines do not extend to Lot 51. A previous exterior remodel project approved in 2022 was reviewed and approved as an insubstantial amendment to a commercial design review. The existing building was used as the baseline to evaluate the changes. This application has applied for a Substantial Amendment to a Commercial Design Review. Assuming this review is successful, this criterion will be met. 2. The change does not alter the number, size, type or deed restriction of the proposed affordable housing units, subject to compliance with the Aspen/Pitkin County Housing Authority Guidelines. Response: This application does not alter the affordable housing associated with this development. The Maroon Creek Club was approved as a multi-site, multi - use project with all associated employee generation and affordable housing impacts of the entire development, considering full build-out, mitigated through the development of the deed-restricted Maroon Creek Apartments and a deed- restricted single -family home near the Tiehack lift. The affordable housing mitigation has been constructed and this application does not propose any alterations to the affordable housing. 3. The change is limited to technical or engineering considerations discovered prior to or during actual development that could not reasonably be anticipated during the review process or any other minor change that the Community Development Director finds has no substantial effect on the conditions and representations made during the original project review. 39 Response: Growth Management Allotments for the commercial square footage were obtained by the Maroon Creek Development Corporation (MCDC), as documented in the final detailed submission approval granted by Pitkin County via BoCC Resolution No. 91-111 consisting of 26,100 square feet of the planned 30,100 commercial square footage of the Pfister Ranch/Golf project.1 To achieve the 30,100 square foot total for the project, the MCDC obtained the remaining 4,000 square feet in the 1991 GMQS competition via Pitkin County Planning and Zoning Commission Resolution No. 91-79 and BoCC Resolution No. 92-5.2 These previous growth management approvals were summarized in BoCC Resolution No. 104-93 with a proviso that Reso 104 become a dominant document in case of discrepancies. Upon approval of all related reviews, Pearce Equities Group II LLC (successor to the MCDC) entered into a Subdivision Improvements Agreement (SIA) with Pitkin County (recep. no. 363236). The name of the project was changed to the Maroon Creek Club. The SIA summarized and detailed the land use entitlements (referred to as the “Project Approvals” in the SIA) and became the controlling document for the project, replacing the various resolutions adopted by the County for the project, including replacing Reso 104 -93.3 The SIA summarized the commercial square footage that could be added to the Grand Champions building (now known as the Club building of the Maroon Creek Club) as consisting of 30,100 square feet, 8,000 of which was to be used for an expansion of the golf cart storage. A subsequent administrative amendment added 788 square feet to the total commercial square footage that could be added to the Club building. Subtracting the square footage reserved for golf cart storage, the Club building was allowed to expand by 22,888 square feet. A 14,569 square foot expansion was accomplished in the late 1990s leaving 8,319 square feet of commercial space that can be added to the Club building. The SIA includes a section regarding Project Construction and refers to a “phasing schedule” attached to the SIA. Important in this Project Construction section is an understanding that the Project Approvals would remain intact, regardless of the phasing schedule, including all growth management allocations or replacements.4 The commercial square footage described in the SIA remains intact as a development right of the applicant. The affordable housing mitigation for the entire Maroon Creek Club project was calculated based on the entire project, all components and at full build-out. This affordable housing obligation of the project was met though the construction of the Maroon Creek Apartments and a single-family home near the base of the Tiehack lift, all of which are deed restricted according to the requirements of the Aspen/Pitkin County Housing Authority. Affordable housing mitigation for the remaining commercial square footage allowance has been provided. 1 See page 5 of BoCC Reso 91-111 summarizing prior GMQS approvals. 2 See BoCC Reso 92-5 allocating 14 “EGUs” to the MCDC Pfister Ranch/Golf project. See Pitkin P&Z Reso 91-79 for reference to 4,000 square feet. 3 See Subdivision Improvement Agreement for Maroon Creek Club, section 21.f. 4 See Subdivision Improvement Agreement for Maroon Creek Club, section 3. 40 The completion of the Club building at the Maroon Creek Club (the former Grand Champions building) to the square footage identified as allowed is consistent with the project approvals. Completing the build -out to the allowed square footage does no conflict with any aspect or attribute of the approvals. The commercial square footage described in the SIA remains a development right of the applicant and the housing mitigation has been provided. 41 Exhibit A2 Review Criteria PD Insubstantial Amendment PD Minor Amendment Approved Plan Set 26.445.110.e - Minor Amendment to a Detailed Review Approval. An amendment found by the Community Development Director consistent with a Project Review approval and to be generally consistent with the allowances and limitations of a Detailed Review approval, or which otherwise represents an insubstantial change, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the Planning and Zoning Commission or the Historic Preservation Commission as applicable, pursuant to 26.445.040(b)(3) - Step Three. Response: The 1993 approval of the Maroon Creek Club allocated commercial square footage to Lot 51 (the Grand Champions Club parcel) but did not include specific architectural plans for the expansion. Pitkin County did not have Commercial Design Review at the time or any level of architectural review standards. As a requirement of the County approval, a set of architectural controls and design guidelines were adopted for the Subdivision. The guidelines do not extend to Lot 51. The 1993 approvals allocated commercial square footage that was assembled through replacement square footage – the demolition of prior commercial buildings – and through the County’s GMQS scoring and competition process. The Subdivision Improvement Agreement (SIA) was adopted as the controlling document, superseding prior BoCC Resolutions. The SIA stated the commercial component of the project as shown in the snippet to the right. The SIA established a Phasing Schedule and a period of Statutory Vested Rights based on this Schedule. The SIA clarified that all Project approvals, including all GMQS allocations and replacements, would remain intact regardless of the adherence to the Phasing Schedule. 42 The text to the right, from the Maroon Creek Club SIA, describes the Project Approvals remaining intact upon non-adherence to the Phasing Schedule Combined with the SIA, a subdivision plat and a set of architectural guidelines constitute the “approval documents” and reflect the approved “detailed review” of the Planned Development (although such terms were not used in the Pitkin County Land Use Code in 1993). The build-out of the commercial development rights is generally consistent with the allowances and limitations of the 1993 approvals. The expansion uses the approved dimensions. The applicant is amenable to supplying and/or recording additional approval documents to supplement, clarify, or detail the design and site planning aspects of this expansion. 26.490.040.d – Approved Plan Set. When required pursuant to this Title, plans shall be submitted to the Community Development Department to document the approved design, layout, and configuration of an approved project. The plans shall reflect approved changes made to the project during the review and provide reference to approval documents and date(s). Response: If required by this approval, this applicant will provide an approved plan set with the site planning and architectural details as well as other specific details or plans that may be required. 43 Exhibit A3 Review Criteria Approved Plan Set 26.490.040.d – Approved Plan Set. When required pursuant to this Title, plans shall be submitted to the Community Development Department to document the approved design, layout, and configuration of an approved project. The plans shall reflect approved changes made to the project during the review and provide reference to approval documents and date(s). Response: If required by this approval, this applicant will provide an approved plan set with the site planning and architectural details as well as other specific details or plans that may be required. 44 Exhibit A4 Review Criteria Commercial Design 26.412.020 – Commercial Design Standards Applicability Except as outlined below, this Section applies to all commercial, lodging and mixed -used development within the City requiring a building permit. All development shall be reviewed pursuant to the Character Area in which it is located. The Community Development Director shall assign an appropriate Character Area to properties subject to Commercial Design Review that are not located within a defined Character Area. Response: The Maroon Creek Club is not within an assigned Character Area. The most appropriate Character Area is Neighborhood Mixed Use which is described as “as distinct transition from commercial to residential with an emphasis on pedestrian walkability, front yards, and smaller scale architecture.” The Maroon Creek Club is located on the outskirts of the City and is a planned area with a mix of commercial and residential uses. Neighborhood Mixed Use is the most appropriate Character Area considering the context of the building and purpose of the planned area. Aspen Character Areas Maroon Creek Club Clubhouse Figure 1: Aspen GIS aerial showing the defined character areas in downtown Aspen and the location of the MCC Clubhouse. 45 26.412.060 – Commercial Design Standards Review Criteria An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: (a) Guidelines and Standards. (1) The Commercial, Lodging and Historic District Design Standards and Guidelines are met as determined by the appropriate Commission. The Standards and Guidelines include design review criteria that are to be used to determine whether the application is appropriate. (2) All applicable standards in the Commercial, Lodging and Historic District Design Standards and Guidelines shall be met unless granted a Variation pursuant to Section 26.412.040(d), Variations. (3) Not every guideline will apply to each project, and some balancing of the guidelines must occur on a case-by-case basis. The applicable Commission must: a. Determine that a sufficient number of the relevant guidelines are adequately met in order to approve a project proposal; b. Weigh the applicable guidelines with the practicality of the measure. Response: Applicable Design Guidelines and Standards are addressed below. General Commercial Design Guidelines The purpose of Commercial Design Review is to preserve and to encourage appropriate architecture that creates walkable neighborhoods and supports the heritage of Aspen. The Standards and Guidelines below apply to all projects subject to Commercial Design Review. Site Planning and Streetscape 1.1 All projects shall provide a context study. • The study should include the relationship to adjacent structures and streets through photographs, streetscape elevations, historic maps, etc. 1.2 All projects shall respond to the traditional street grid. • A building shall be oriented parallel to the street unless uncharacteristic of the area. Refer to specific chapters for more information. • Buildings on corners shall be parallel to both streets. 1.3 Landscape elements (both hardscape and softscape) should complement the surrounding context, support the street scene, and enhance the architecture of the building. • This applies to landscape located both on-site and in the public right-of-way. • High quality and durable materials should be used. • Early in the design process, consider stormwater best management practices as an integral part of the landscape design process. 46 1.4 Where there is open space on a site, reinforce the traditional transition from public space, to semi-public space to private space. • This may be achieved through a fence, a defined walkway, a front porch element, covered walkway, or landscape. 1.5 Maintain alignment of building facades where appropriate. • Consider the entire block of a neighborhood to determine appropriate building placement. Carefully examine and respond to the variety of building alignments that are present. • Consider all four corners of an intersection and architectural context to determine appropriate placement for buildings located on corners. • Consider the appropriate location of street level Pedestrian Amenity when siting a new building. 1.6 When a building facade is set back, define the property line. Review the context of the block when selecting an appropriate technique. Examples include: • A fence which is low in height and mostly transparent so as to maintain openness along the street. • Landscaping, though it may not block views of the architecture or a Pedestrian Amenity space. Hedgerows over 42 inches are prohibited. • Benches or other street furniture Response – Proposed project scope includes an addition and remodel. There is no change to building alignment or open space. No additional landscape is proposed. Additions are located on existing patios or hardscape. There is only one “street facing façade” as shown at right. The application includes an axonometric of the existing and proposed changes. Existing photographs are below (please note the building entrance area is under construction). Street facing facade 47 48 Alleyways 1.7 – 1.8 n/a. No alley is provided. Parking 1.9 n/a. No change to parking. Building Mass, Height, and Scale 1.10 n/a. 1.11 n/a. 1.12 On lots larger than 6,000 square feet, break up building mass into smaller modules. • A street level front setback to accommodate Pedestrian Amenity in accordance with the Pedestrian Amenity Guidelines may be an appropriate method to break up building mass. • Building setbacks, height variation, changes of material, and architectural details may be appropriate techniques to vertically divide a building into modules Response – The proposed minor expansions of the gym and kitchen, and activated dining entry area, are consistent with the existing building modules and architectural expression in compliance with 1.12. 1.13 n/a. Street Level Design 1.14 -1.17 n/a. Commercial storefront does not exist and is not proposed. Roofscape 1.18 - 1.21 n/a. No roofscape proposed. Materials and Details In the 19th Century, Aspen had a limited range of architectural materials: red brick, painted wood, glass, and locally sourced sandstone. In the mid-century the palette expanded to include natural 49 wood, stucco, river rock and moss rock, metal, concrete block, and bricks of other tones. It is important to maintain a relationship to the existing material palette evident in the general vicinity while allowing some new materials and material technology to be used. The color palette of natural materials throughout the commercial and lodging neighborhoods represents Aspen’s environment, with browns and reds being the predominant colors. High quality materials that relate to the context of the neighborhood and the building type are important. Carefully consider existing color schemes and textures within a neighborhood before selecting materials. Paint color is variable and is not subject to review. Introducing a new material may require other aspects of the architecture to show restraint. Materials must have a proven performance in Aspen’s extreme climate. 1.22 Complete and accurate identification of materials is required. • Provide drawings that identify the palette of materials, specifications for the materials, and location on the proposed building as part of the application. • Physical material samples shall be presented to the review body. An onsite mock- up prior to installation may be required. Response – Proposed materials are consistent with the existing palette and are identified on the drawings and a specific materials sheet within the drawing set including timber columns, metal roof, wood siding, bronze metal trellis, stone walls, and concrete hardscape. 1.23 Building materials shall have these features: * Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. Response – Building materials are already found on the building and have proven durability and weathering characteristics. Material colors will match existing and will be non-reflective. 50 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design. • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability. Response – n/a. No new material, material application or finish is proposed. 1.25 Architecture that reflects corporate branding of the tenant is not permitted. Response – n/a. Lighting, Service and Mechanical Areas 1.26 The design of light fixtures should be appropriate to the form, materials, scale, and style of the building. Response - No exterior mounted lighting proposed. Integrated lighting is proposed in the dining trellises as shown on page 3 of the architectural plans. A cut sheet is provided. All lights are dimmable and only shine downward. 1.27 – 1.32 n/a No change proposed to service and mechanical areas. No exterior mounted lighting proposed. Integrated lighting is proposed in the dining trellises as shown on page 3 of the architectural plans. A cut sheet is provided. All lights are dimmable and shown down only. There is no change to service or mechanical areas. Remodel Upgrading an existing building through a remodel can improve energy efficiency, building function and appearance, and meet community goals to reduce construction waste. Altering specific features of a building, such as replacing exterior materials or constructing an addition to an existing building, is considered a remodel project. A project that reaches the demolition threshold as defined in the Land Use Code is not considered a remodel. It is important to carefully plan a remodel to meet the design guidelines and neighborhood character where feasible. Gradually bringing remodel projects into conformance with design guidelines reinforces neighborhood character. These guidelines apply to projects that are proposing changes to an existing building but do not reach the demolition threshold. 1.33 All remodel projects shall meet Standards 1.22 and 1.23. Response – Standards 1.22 and 1.23 are addressed above. 51 1.34 Consider updating windows, doors, and/ or primary entrances to better relate to the Character Area and pedestrian experience. Response – The dining entry is updated to provide a more inviting and usable entrance as shown on previous page. All new windows and doors match existing style. 1.35 Design alterations to relate to the existing building style and form that may remain. Response – All alterations relate to the existing building characteristics. 1.36 Incorporate elements that define the property line in accordance with Guideline 1.6. Response – n/a This is a site specific approval that has a defined building envelope. 1.37 Creative solutions that incorporate ADA compliance into the architecture are encouraged. • Minimize the appearance of ramps by exploring other on-site options such as altering interior floor levels or exterior grade. Response – The existing building meets ADA standards as required. Neighborhood Mixed Use Design Guidelines Building Placement 5.1 Incorporate open space into building placement and site design. • Consider a transparent fence to define the street edge. • Soft and informal landscape design is encouraged. • Useful open space that supports a variety of uses is recommended. Response – n/a Open space is not changed by the proposed amendment. 5.2 A front yard setback should be provided. Response – n/a No change to building footprint is proposed. 5.3 The building entry should be easily seen from the street. Response – n/a No change to location of building entry. Architecture 5.4 Gable or pitched roof forms are appropriate and reinforce the residential character of the neighborhood. • Other roof forms, such as flat roofs, may be considered on a case-by-case basis depending on the context of the block, adjacency to historic landmarks, and other restrictions such as viewplanes. Response – Proposed roof forms match the existing architectural character of the building per Standard 1.35 above. 52 (b) Pedestrian Amenity. The proposed development meets the requirements of Section 26.412.070, Pedestrian Amenity. Response: n/a. The MCC Clubhouse is zoned OS /PD which is not required to meet Pedestrian Amenity requirements per Section 26.412.070.a Applicability and Requirement. 53 EX - U E EX - U E EX - U E EX - U E EX - U E EX - U E EX-UE X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XXX X X XX X X 48 . 0 0 ' 11.3 0 ' 16 . 9 0 ' 52.90' 16 . 0 0 ' 23.90' 12.3 3 ' 1 1 . 9 2 ' 39.79' LOT 51 10.876 AC. ± 10 CLUB CIRCLEMULTI LEVEL WOOD AND STONE BUILDING WITH BASEMENT D PATIO DRAIN (TYPICAL) RETAINING WALL (TYPICAL) PATIO ABOVE LOWER LEVEL PATIO ABOVE LOWER LEVEL GRADE LEVEL ROOF GRADE LEVEL ROOF SKY LIGHT SKY LIGHT SKY LIGHT 1" CONDUIT 2" CONDUIT AC UNIT GAS METER TELEPHONE PEDESTAL MECHANICAL DUCT/WELL G G GAS METER WOOD RAMP ONE STORY STAIRWELL TO BASEMENT BASEMENT PARAPET PLANTER PLANTER PLANTER PLANTER TURF TURF TURF TURF TURF TURF NATURAL GRASS FENCE GATE X X X X X X FENCE ASPHALT CONCRETE APRON CONCRETE DOCK EXTERIOR WALKIN FREEZER TURF STAIRSDYH BUILDING HYDRANT CONCRETE WALK DYH FIRE HYDRANT S S MANHOLE WV WV WATER VALVE 21.7 0 ' 44 . 6 0 ' 17.7 0 ' TENNIS COURT LAP POOL CONCRETE PATIO CONCRETE WALK CONCRETE WALK CONCRETE WALK CONCRETE WALK CONCRETE WALK CONCRETE WALK CO N C R E T E WA L K CO N C R E T E WA L K CO N C R E T E WA L K TENNIS COURT CONCESSION BUILDING TURF DD D DD DD D D D D D D DD PATIO DRAIN (TYPICAL) DRAIN RIM= 7864.46' DRAIN RIM= 7864.44' DRAIN RIM= 7864.47'DRAIN RIM= 7864.51' POOL COOPING BOULDER BOULDER PLANTER DDRAIN RIM=7863.13' PLANTER PLANTER TENNIS COURT IRRIGATION VALVE BOX (TYPICAL) IVB IVB IVB IVB IVB IVB IVB IVB FENCE FENCE CO N C R E T E WA L K TURF CONCRETE PATIO CONCRETE PATIO RETAINING WALL (TYPICAL) RETAINING WALL (TYPICAL) PATIO DRAIN ON WALKWAY ABOVE DECIDUOUS TREE (TYPICAL) E ELECTRIC BOX CONCRETE STEPS CONCRETE STEPS CONCRETE STEPS HAND RAILS TRENCH DRAIN SPA LIGHT (TYPICAL) 7855.87' 7856.23' 7855.79' 7855.90' 7855.94' 7855.80' 7855.71' 7855.81' 7855.81' TW = 7859.90' 7859.90' 7859.56' 7859.73' 7859.74' 7859.68' TW = 7863.64' 7859.70' 7859.79' 7859.77' 7859.79' SPA BUILDING 7863.63' 7855.69' 7855.90' 7859.53' 7855.90' 7863.45' 7859.78' 7855.95' 7859.59' TRENCH DRAIN 7863.37' 7863.21' 7862.83' 7862.69' 7859.57' 7859.59' 7859.57' 7859.70' CONCRETE WALK CONCRETE WALK 4" PVC @ 1% FENCE 7865.35' 7865.27' 7865.14' 7865.15' 7863.38' 7863.44' UNDERGROUND GAS (TYPICAL) UNDERGROUND ELECTRIC (TYPICAL) 7856.21' 7856.03' 7856.19' 7856.16' 7856.14' FF = 7856.37' AC TRAFFIC MIRROR DECIDUOUS TREE PER PLAN 78657865 7863 7862 7860 7856 7 8 5 6 7 8 6 3 7 8 6 3 7864 78 6 4 7865 7865 78 6 6 78 6 7 7 8 5 6 78 6 3 785 6 785 9 C1 L1 L2 L 3 L4 L 5 L6 L7 L 8 L9 L10 L11 L12 L13 L1 4 L 1 5 L 1 6 L17 C 2 L 1 8 #5 REBAR & CAP L.S.#20133 FOUND B A S I S O F B E A R I N G S LOT 52 LOT 51 10.876 AC. ± 10 CLUB CIRCLE SEE DETAIL THIS SHEET #5 REBAR & CAP L.S.#20133 FOUND SEE DETAIL PAGE 2 SEE DETAIL PAGE 2 4"PVC LINE TABLE LINE # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 BEARING N00°57'23"E N90°00'00"E S45°00'00"E N47°30'00"E N42°30'00"W N90°00'00"E N00°00'00"E S55°44'00"E S64°10'00"E S73°03'00"E S78°44'00"E S75°47'00"E S69°14'00"E S59°14'00"E S48°35'00"E S10°26'00"E S87°11'08"E N43°02'12"W DISTANCE 264.88' 203.40' 227.79' 229.54' 670.68' 349.77' 297.00' 75.14' 79.10' 50.29' 203.36' 94.37' 39.52' 131.07' 15.27' 26.19' 27.79' 62.35' CURVE TABLE CURVE # C1 C2 ARC LENGTH 222.60' 15.17' RADIUS 320.00' 170.00' DELTA ANGLE 39°51'25" 5°06'46" CHORD BEARING S20°53'05"W N45°35'35"W CHORD LENGTH 218.14' 15.16' NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. NOTES: 1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING SETBACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. Q62014635-3, DATED EFFECTIVE JANUARY 26, 2024. 2) THE DATE OF THIS SURVEY WAS MARCH 10, APRIL 6, AND MAY 10, 2022. 3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S38°46'03"E BETWEEN THE NORTHERLY ANGLE POINT OF LOT 51, A #5 REBAR AND CAP L.S. #20133 FOUND IN PLACE AND THE SOUTHERLY ANGLE POINT OF LOT 51, A #5 REBAR AND CAP L.S. #20133 FOUND IN PLACE. 4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET. 5) THIS SURVEY IS BASED ON THE MAROON CREEK CLUB P.U.D. FINAL PLAT RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AND PAGE 4 AND THE PARTIALLY CORRECTED PLAT RECORDED SEPTEMBER 27, 1996 IN PLAT BOOK 34 AT PAGE 23 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE. 6) ELEVATIONS ARE BASED ON A GPS OBSERVATION UTILIZING THE WESTERN COLORADO RTVRN GPS NETWORK (1988 ORTHO DATUM) YIELDING AN ON-SITE ELEVATION OF 7864.62' ON THE SOUTHERLY ANGLE POINT OF LOT 51 AS SHOWN. CONTOUR INTERVAL EQUALS 1 FOOT. 7) THIS PROPERTY IS SUBJECT TO MATTERS DESCRIBED IN RECEPTION NO. 646596. 8) ACCORDING TO THE CITY OF ASPEN WEBSITE THIS PROPERTY IS ZONED PD. BUILDING SETBACKS WILL NEED TO BE VERIFIED WITH COMMUNITY DEVELOPMENT PRIOR TO ANY PLANNING, DESIGN OR CONSTRUCTION. N E S W 0 30 60 90 120 150 180 210 240 270 300 330 P e a k S u r v e y i n g , I n c . 0200 200 400 800100 SUBJECT PROPERTY VICINITY MAP SCALE: 1" = 2000' 010 10 20 405 COL O R A D O L I CE N S E D P R O F E S SIONAL L A N D S U RVEYOR JAS O N R . N E I L 37935 PROPERTY DESCRIPTION LOT 51, MAROON CREEK CLUB ACCORDING TO THE FINAL PLAT RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SURVEYOR'S STATEMENT: I, JASON R. NEIL, HEREBY CERTIFY TO MAROON CREEK, LLC., THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO; THAT THIS LAND SURVEY PLAT IS TRUE, CORRECT AND COMPLETE BASED ON MY KNOWLEDGE, INFORMATION AND BELIEF AS LAID OUT AND SHOWN HEREON; THAT THIS LAND SURVEY PLAT IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED, THAT THIS LAND SURVEY PLAT WAS MADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION ON MARCH 10, APRIL 6, MAY 10, AND OCTOBER 18, 2022. DATED: FEBRUARY 20, 2024 BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935 FOR AND ON BEHALF OF PEAK SURVEYING, INC. GYM/KITCHEN EXPANSION OVERALL BOUNDARY LOT 51 ByNO.Date Project NO.RevisionDrawn By: Checked By: Date: Computer File: P.O. Box 1746 Rifle, CO 81650 Phone (970) 625-1954 Fax (970) 579-7150 www.peaksurveyinginc.com S NW E P e a k Su r v ey i ng, Inc. Si nc e 2 0 0 7 19064 1 OF 2 MAROON CREEK, LLC. CITY OF ASPEN, COLORADO PARTIAL EXISTING CONDITIONS LOT 51, MAROON CREEK CLUB 10 CLUB CIRCLE SMS JRN FEBRUARY 20, 2024 064-AS BUILT PARTIAL EXISTING CONDITIONS SURVEY LOT 51, MAROON CREEK CLUB, ACCORDING TO THE FINAL PLAT RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO Exhibit B1 54 N 47 ° 3 0 ' 0 0 " E 2 2 9 . 5 4 ' EX - U E EX - U E EX-U E E X - U E EX-UE EX-U E E X - U E EX - U E EX - U E EX - U E EX - U E EX - U E E X - U E E X - U E E X - U E E X - U E EX - U E EX-UE EX-UE XXX JB 7863.49' 78 6 3 . 5 6 ' 78 6 3 . 8 4 ' 78 6 3 . 7 1 ' 78 6 3 . 4 2 ' 78 6 3 . 6 1 ' 78 6 3 . 1 4 ' 7863 . 1 9 ' 786 3 . 2 6 ' 7 8 6 3 . 2 9 ' 7864.00' 786 3 . 8 4 ' 786 3 . 9 1 ' 786 5 . 0 2 ' 7864 . 9 0 ' 786 4 . 0 3 ' 78 6 3 . 6 0 ' 78 6 3 . 3 0 ' 7 8 6 3 . 5 9 ' 7 8 6 3 . 5 9 ' 7863 . 5 9 ' 7863 . 5 9 ' 7863.60' 7 8 6 3 . 6 2 ' 78 6 3 . 5 0 ' 78 6 3 . 3 8 ' F 11.3 0 ' 16 . 9 0 ' 2 3 . 6 0 ' 16.90' 11.3 0 ' 40.00' 11.3 0 ' CONCRETE PATIO LOT 51 10.876 AC. ± 10 CLUB CIRCLEMULTI LEVEL WOOD AND STONE BUILDING WITH BASEMENT GAS REGULATOR POOL POOL COOPING CONCRETE PATIO HAND RAILS EDGE OF CONCRETE PATIO ROOF DRAIN FF = 7865.27' D FF = 7863.82' SUBFLOOR CO N C R E T E RA M P CONCRETE LANDING CONCRETE STEPS 4" PVC @ 1% 4" PVC @ 1% 4" PVC @ 1% D8 - CLEANOUT WITH 2" PVC RISER:7863.85' D10 - CLEANOUT WITH 2" PVC RISER:7863.91' ELECTRIC LID:7863.90' PL A N T E R HANDRAILS PER PLAN FL O W L I N E D I T C H #5 REBAR & CAP L.S.#20133 FOUND TBM EL=7864.62' TREES PER PLAN (TYPICAL) A5 - 15" DRAIN RIM:7862.37' 6" II NW:7861.07' 6" IO SW:7861.09' SUMP:7860.48' D 6" PVC @ 0.9% 6" PVC @ 5.8% POOL DRAIN PER PLAN UNDERGROUND ELECTRIC (TYPICAL) A6 - 10" DRAIN RIM:7863.12' 6" IO NE:7862.22' SUMP:7861.66'POOL FILTER UNDERGROUND ELECTRIC (TYPICAL) TRENCH DRAIN WALK 4" PVC @ 1% FENCE 7863.38' 7863.44' 786 5 786 4 786 3 786 3 78 6 4 786 4 7864 FF = 7865.48' DRIAN RIM = 7865.33' DRIAN RIM = 7865.27' INV=7864.00' DRAIN RIM= 7865.22' INV= 7863.75' CONCRETE PATIO STONE WALL (TYPICAL) STONE WALL (TYPICAL) CONCRETE STEPS (TYPICAL) CONCRETE STEPS DRAIN RIM =7865.22' INV =7863.85' DRAIN RIM=7865.21' DRAIN RIM=7865.35' INV=7863.59' DRAIN RIM=7865.23' INV=7864.24' RIDGE= 7889.23' FIRE HYDRANT RAMP TO BASEMENT STORAGE SEWER MANHOLE WATER VALVE 23.1' 24 . 5 ' 38.8' 56 . 1 0 ' 88.90' LOT 51 10.876 AC. ± 10 CLUB CIRCLE MULTI LEVEL WOOD AND STONE BUILDING WITH BASEMENT RIDGE= 7889.24' FF = 7865.48' FF = 7865.48' D D D D DD D BUILDING OVERHANG BUILDING COLUMN S S DYH WV POND TURF PLANTER DECIDUOUS TREE (TYPICAL) EVERGREEN TREE (TYPICAL) IRRIGATION VALVE BOX (TYPICAL) IVB IVB IVB IVB IVB IVB PLANTER DECIDUOUS TREE (TYPICAL) PLANTER PLANTER CONCRETE WALK CONCRETE WALK TURF PRACTICE PUTTING GREEN DECIDUOUS TREE (TYPICAL) 78 6 0 78 6 0 7860 7865 78 6 5 7865 7863 7863 78 6 2 786 3 7864 7865 7865 NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ByNO.Date Project NO.RevisionDrawn By: Checked By: Date: Computer File: P.O. Box 1746 Rifle, CO 81650 Phone (970) 625-1954 Fax (970) 579-7150 www.peaksurveyinginc.com S NW E P e a k Su r v ey i ng, Inc. Sinc e 2 0 0 7 19064 2 OF 2 MAROON CREEK, LLC. CITY OF ASPEN, COLORADO PARTIAL EXISTING CONDITIONS LOT 51, MAROON CREEK CLUB 10 CLUB CIRCLE SMS JRN FEBRUARY 20, 2024 064-AS BUILT PARTIAL EXISTING CONDITIONS SURVEY LOT 51, MAROON CREEK CLUB, ACCORDING TO THE FINAL PLAT RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO N E S W 0 30 60 90 120 150 180 210 240 270 300 330 P e a k S u r v e y i n g , I n c . 010 10 20 405 COL O R A D O L I CE N S E D P R O F E SSIONAL L A N D S U RVEYO R JAS O N R . N E I L 37935 DINING TRELLIS EVENT SPACE 55 1 Phase 3 Site Plan CHECKED BY: # DE S C R I P T I O N DR A W N B Y CONSTRUCTION DRAWN BY: JOB # 2019-52 NOT FOR RO A R I N G F O R K E N G I N E E R I N G 59 2 H I G H W A Y 1 3 3 CA R B O N D A L E , C O 8 1 6 2 3 PH : ( 9 7 0 ) 3 4 0 - 4 1 3 0 DCS ADW MA R O O N C R E E K C L U B AS P E N , C O L O R A D O N W E S Exhibit B2 56 LODGING ADDITION 541 SF ORIGINAL CLUB 38,119 SF CLUB ADDITION 4,147 SF ORIGINAL CART STORAGE 4,530 SF LODGING ADDITION 4,496 SF 28 SF 10'-0" 28 SF 10'-0" 92 SF 10'-0" 10 '-0" 10'-0" 92 SF 138 SF 138 SF CLUB ADDITION 10,422 SF ORIGINAL CLUB 10,727 SF NET LIVABLE 3,484 SF 10'-0" 10 ' - 0 " LODGING ADDITION 3,960 SF ORIGINAL CLUB 865 SF 10'-0" 55 SF 55 SF 10'-0" NET LIVABLE 3,476 SF AREA CALCULATIONS ORIGINAL CLUB (COMMERCIAL) LODGING ADDITION CLUB ADDITION (COMMERCIAL) ORIGINAL CART STORAGE LOWER LEVEL AREA = ORIGINAL CLUB 38,119 SF LODGING ADDITION 541 SF CLUB ADDITION 4,147 SF ORIGNIAL CART STORAGE 4,530 SF MAIN LEVEL AREA = ORIGINAL CLUB 10,727 SF LODGING ADDITION 4,644 SF CLUB ADDITION 10,422 SF UPPER LEVEL AREA = ORIGINAL CLUB 865 SF LODGING ADDITION 4,070 SF TOTAL AREA = 47,337 SF 26,161 SF 4,935 SF 78,433 SF Consultant ARCHITECTURE PLANNING+ ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 SHEET TITLE BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. c 2019 PROJECT NO: Issue: SCALE: 3/ 1 1 / 2 0 2 4 1 : 4 5 : 4 0 P M MAROON CREEK CLUB - PHASE 2 10 CLUB CIRCLE, ASPEN, CO 81611 SD10 AREA CALCULATIONS 22229.00 SCALE 1/32" = 1'-0"1 AREA PLAN - LOWER LEVEL SCALE 1/32" = 1'-0"2 AREA PLAN - MAIN LEVEL SCALE 1/32" = 1'-0"3 AREA PLAN - UPPER LEVEL SCALE 1/32" = 1'-0"4 AREA PLAN - ROOF LEVEL 57 GYM EXPANSION 2,434 SF DINING TRELLIS 477 SF DINING TRELLIS 776 SF DINING TRELLIS 146 SF AREA BALANCE 8,319 SF KITCHEN EXPANSION = 1,004 SF GYM EXPENSION = 2,434 SF COVERED FITNESS = 556 SF EVENT SPACE = 1,080 SF OBSERVATION BRIDGES = 1,846 SF DINING TRELLIS = 1,399 SF TOTAL NEW FLOOR AREA = 8,319 SF EVENT SPACE 1,080 SF KITCHEN EXPANSION 1,004 SF COVERED FITNESS 556 SF NO EXTERIOR WALL MOUNTED LIGHTING. ALL OVERHEAD LIGHTS WILL BE DARK SKY COMPLIANT AND MEET ALL CITY OF ASPEN CODES. 10'-0" 10' - 0 " 10 ' - 0 " 10'-0" 10 ' - 0 " OBSERVATION BRIDGE 923 SF OBSERVATION BRIDGE 923 SF 10'-0" PERIMETER 5'-0" OFFSET 7,243 SF 5'-0" Consultant ARCHITECTURE PLANNING+ ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 SHEET TITLE BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. c 2019 PROJECT NO: Issue: SCALE: 3/ 1 1 / 2 0 2 4 1 : 5 9 : 4 2 P M MAROON CREEK CLUB - PHASE 2 10 CLUB CIRCLE, ASPEN, CO 81611 SD20 FLOOR AREA SUMMARY 22229.00 TRELLIS BRONZE METALMETAL ROOFING, TIMBER COLUMNS, STONE WALLS, CONCRETE HARDSCAPE TIMBER COLUMNS, METAL FLASHING TIMBER COLUMNS, METAL FLASHING, METAL FRAMED WINDOWS STANDING SEAM METAL ROOFING HORIZONTAL WOOD SIDING 58 8" SQUARE COLUMNS, PAINTED BRONZE 1,068 SF EXISTING ROOF LINES ABOVE 439 SF 733 SF EXISTING OVERHANG EXISTING OVERHANG 12" ROUND TIMBER COLUMNS SD21 3 SD212 CENTERED DOOR WITH SIDE LITES STACKING DOOR TO MATCH EXISTING EXISTING ROOF LINES ABOVE GLASS RAILING EXTENDED CONCRETE PATIO LINE OF TRELLIS ABOVE STONE STAIRS STONE WALLS LINE OF TRELLIS ABOVE STONE WALLS EXTENDED CONCRETE PATIO 8" SQUARE COLUMNS, PAINTED BRONZE LINE OF TRELLIS ABOVE GLASS RAILING 8" SQUARE COLUMNS, PAINTED BRONZE STONE STAIRS RENSON AERO ROOF, BRONZE FINISH METAL ROOF TO MATCH EXISTING RENSON AERO ROOF, BRONZE FINISH METAL ROOF TO MATCH EXISTING 8"115"8"115"8" 8" STRUCTURAL FRAME, PAINTED BRONZE 8" STRUCTURAL FRAME, PAINTED BRONZE RENSON AERO ROOF, BRONZE FINISH 8" STRUCTURAL FRAME, PAINTED BRONZE 8" 11 8 " 8" 11 8 " 8" 8" 76 " 8" 76 " 8" 79 " 8" 79 " 8" 88 " 8" 88 " 8" 8"115"8"115"8"8"115"8"115"8" 8" 76 " 8" 76 " 8" 79 " 8" 79 " 8" 10 " 8' - 1 0 " 10 " 8' - 1 0 " STONE WALLS METAL FRAME, PAINTED BRONZE GLASS RAILING METAL ROOF TO MATCH EXISTING 3' - 0 " 10 " 8' - 1 0 " 3' - 0 " 10 " 8' - 1 0 " 3' - 0 " STONE WALLS METAL FRAME, PAINTED BRONZE GLASS RAILING METAL ROOF TO MATCH EXISTING STONE STAIRS TIMBER BEAMS AND RAFTERS TO MATCH EXISTING METAL ROOF TO MATCH EXISTING STONE WALLS METAL FRAME, PAINTED BRONZE GLASS RAILING Consultant ARCHITECTURE PLANNING+ ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 SHEET TITLE BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. c 2019 PROJECT NO: Issue: SCALE:NOT FOR CONSTRUCTIONDESIGN INTENT ONLY2/ 6 / 2 0 2 4 2 : 0 7 : 4 2 P M MAROON CREEK CLUB - PHASE 2 10 CLUB CIRCLE, ASPEN, CO 81611 SD21 DINING TRELLIS 22229.00 SCALE 1/8" = 1'-0"1 DINING TRELLIS - FLOOR PLAN SCALE 1/8" = 1'-0"4 DINING TRELLIS - ROOF PLAN SCALE 1/8" = 1'-0"2 DINING TRELLIS - EAST ELEVATION SCALE 1/8" = 1'-0"3 DINING TRELLIS - SOUTH ELEVATION SCALE6DINING TRELLIS - AXON. NEW SCALE5DINING TRELLIS - AXON. OLD NO EXTERIOR WALL MOUNTED LIGHTING. ALL OVERHEAD LIGHTS WILL BE DARK SKY COMPLIANT AND MEET ALL CITY OF ASPEN CODES. RENSON INTEGRATED LIGHTING 59 8 SD22 GYM EXPANSION 2,434 SF FO L D I N G W I N D O W S FO L D I N G W I N D O W S FO L D I N G W I N D O W SFIXED WINDOWSFOLDING WINDOWS FO L D I N G W I N D O W SFIXED WINDOWSFOLDING WINDOWS FOLDING WINDOWS 3 SD24 GYM EXPANSION 15 ' - 0 " GLULAM FRAMING TO MATCH EXISTING ROOF SYSTEM TO MATCH EXISTING PARAPET TO MATCH EXISTING SLOPED WINDOWS TO MATCH EXISTING GLULAM FRAMING TO MATCH EXISTING FOLDING WINDOWS TO MATCH EXISTING EXTERIOR WALL TO MATCH EXISTING 120'-7 1/8" MATCH EXISTING 122'-7 1/2" MATCH EXISTING SLOPED ROOF TO MATCH EXISTING Consultant ARCHITECTURE PLANNING+ ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 SHEET TITLE BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. c 2019 PROJECT NO: Issue: SCALE:NOT FOR CONSTRUCTIONDESIGN INTENT ONLY2/ 5 / 2 0 2 4 1 2 : 1 7 : 3 5 P M MAROON CREEK CLUB - PHASE 2 10 CLUB CIRCLE, ASPEN, CO 81611 SD22 GYM EXPANSION 22229.00 SCALE 1/4" = 1'-0"1 GYM EXPANSION - PLAN SCALE5GYM PERSPECTIVE - CLOSED SCALE 1/4" = 1'-0"8 GYM - SECTION SCALE2GYM AXON - NW OPEN SCALE3GYM AXON - NW CLOSED SCALE7GYM AXON - SW CLOSED SCALE6GYM AXON - SW OPEN SCALE9GYM PERSPECTIVE - OPEN SCALE4GYM AXON - NW EXISTING NO EXTERIOR WALL MOUNTED LIGHTING. ALL OVERHEAD LIGHTS WILL BE DARK SKY COMPLIANT AND MEET ALL CITY OF ASPEN CODES.60 FOLDING WINDOWS KITCHEN EXPANSION 1,003 SF EXISTING KITCHEN SD23 2 GYM EXPANSION KITCHEN EXPANSION METAL STANDING SEAM ROOF TO MATCH EXISTING HORIZONTAL WOOD SIDNING TO MATCH EXISTING WOOD GLULAM COLUMNS AND BEAMS TO MATCH EXISTING Consultant ARCHITECTURE PLANNING+ ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 SHEET TITLE BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. c 2019 PROJECT NO: Issue: SCALE: 2/ 5 / 2 0 2 4 1 2 : 1 7 : 3 8 P M MAROON CREEK CLUB - PHASE 2 10 CLUB CIRCLE, ASPEN, CO 81611 SD23 KITCHEN EXPANSION 22229.00 SCALE 1/4" = 1'-0"1 KITCHEN EXPANSION FLOOR PLAN SCALE 1/8" = 1'-0"2 KITCHEN EXPANSION ELEVATION SCALE3KITCHEN - AXON. NEW SCALE4KITCHEN - AXON. OLD NO EXTERIOR WALL MOUNTED LIGHTING. ALL OVERHEAD LIGHTS WILL BE DARK SKY COMPLIANT AND MEET ALL CITY OF ASPEN CODES. 61 3 SD24 BALLASTED ROOF SKYLIGHTS 1,557 SF GLULAM FRAMING TO MATCH EXISTING SKYLIGHTS ABOVE 3 SD24 8' - 0 " 24 ' - 0 " 8' - 0 " 16 ' - 0 " 16 ' - 0 " 16 ' - 0 " 16 ' - 0 " 8'-0" 12'-0" 6'-0" 1' - 8 " 10 ' - 7 1 / 2 " GLULAM FRAMING TO MATCH EXISTING SKYLIGHTBALLASTED ROOF ON WOOD SUBSTRATE Consultant ARCHITECTURE PLANNING+ ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 SHEET TITLE BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. c 2019 PROJECT NO: Issue: SCALE: 2/ 5 / 2 0 2 4 5 : 0 1 : 2 1 P M MAROON CREEK CLUB - PHASE 2 10 CLUB CIRCLE, ASPEN, CO 81611 SD24 COVERED FITNESS 22229.00 SCALE 3/16" = 1'-0"2 COVERED FITNESS - ROOF PLAN SCALE 3/16" = 1'-0"1 COVERED FITNESS - FLOOR PLAN SCALE4COVERED FITNESS - AXON NEW SCALE 3/16" = 1'-0"3 COVERED FITNESS - SECTION SCALE5COVERED FITNESS - AXON OLD NO EXTERIOR WALL MOUNTED LIGHTING. ALL OVERHEAD LIGHTS WILL BE DARK SKY COMPLIANT AND MEET ALL CITY OF ASPEN CODES. 62 EVENT SPACE 1,080 SF 4'-0 " 16' - 0 " 16' - 0 " 4'-0 " 1'- 6" 24 '-0" 1'- 6" GLULAM FRAMING TO MATCH EXISTING SKYLIGHTS ABOVE EXTEND HARDSCAPE 14 ' - 1 1 " 8'-3 3/4"8'-4 3/4"8'-3 3/4" GLULAM FRAMING TO MATCH EXISTING BALLASTED ROOF ON WOOD SUBSTRATE SKYLIGHTS SKYLIGHTS BALLASTED ROOF Consultant ARCHITECTURE PLANNING+ ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 SHEET TITLE BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. c 2019 PROJECT NO: Issue: SCALE: 2/ 5 / 2 0 2 4 5 : 0 1 : 2 6 P M MAROON CREEK CLUB - PHASE 2 10 CLUB CIRCLE, ASPEN, CO 81611 SD25 EVENT SPACE 22229.00 SCALE 1/4" = 1'-0"1 EVENT SPACE - FLOOR PLAN SCALE4EVENT SPACE - AXON SCALE 1/4" = 1'-0"3 EVENT SPACE - SECTION SCALE 1/4" = 1'-0"2 EVENT SPACE - ROOF PLAN NO EXTERIOR WALL MOUNTED LIGHTING. ALL OVERHEAD LIGHTS WILL BE DARK SKY COMPLIANT AND MEET ALL CITY OF ASPEN CODES.63 Consultant ARCHITECTURE PLANNING+ ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 SHEET TITLE BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. c 2019 PROJECT NO: Issue: SCALE: 3/ 1 5 / 2 0 2 4 1 1 : 3 2 : 0 2 A M MAROON CREEK CLUB - PHASE 2 10 CLUB CIRCLE, ASPEN, CO 81611 SD26 ENLARGED MATERIAL PHOTOS 22229.00 TIMBER COLUMNS, METAL FLASHING, METAL FRAMED WINDOWS STANDING SEAM METAL ROOFING HORIZONTAL WOOD SIDINGTRELLIS BRONZE METALMETAL ROOFING, TIMBER COLUMNS, STONE WALLS, CONCRETE HARDSCAPE RENSON INTEGRATED LIGHTING 64 118 Lighting You can choose between cool or warm white lighting to create the desired mood and feeling. Moreover, the LED lighting in most patio covers can be dimmed so that the intensity of the lighting can be adjusted to the situa- tion. The lighting for Lapure is integrat- ed into the roof structure. You can opt for LED lighting that is integrated into the roof blades in Camargue Line, Al- garve Line, and Aero Line. Upwards or downwards lighting can also be pro- vided on the inside of the frame. With Camargue and Camargue Skye, at- mospheric lighting is also available in the columns. You can choose between warm white light (perfect for cozy gatherings with friends), pure white light (perfect for reading) and RGB (only available as uplighting in the frame) to create the desired mood and feeling. Moreover, the LED lighting can be dimmed so that the intensity of the lighting can be adjusted to the situation. The Renson® LED lighting’s exceptionally durable quality ensures even lighting without any bright spots. Algarve Canvas and Camargue Skye can be equipped with atmospheric Up-Down LED lighting When it starts to get dark, you simply switch on the integrated lighting. The choice of lighting lets you create the desired mood and feeling. You can continue to enjoy your patio, even when it starts getting colder. Heating elements can be provided to make this possible. The radiated heat ensures an even distribution of warmth throughout the space with a minimum of heat loss. And thanks to the integrated flat panel speakers, you can even enjoy your favourite music on your patio. LIGHTING, HEATING, AND MUSIC ENJOY EVERY MOMENT OF THE DAY. Aero® 65 119 Warm white light Pure white light RGB (color)Dimmable Lineo® LED Light*3 3 3 Colomno LED Light**3 3 3 UpDown LED Light** Upwards 3 3 3 3 UpDown LED Light** Downwards 3 3 3 Lapure® LED Light*3 3 3 * Warm white: 506lm/ft (55 LEDs/ft) / Pure white: 506lm/ft (55 LEDs/ft) ** Warm white: 168-207lm/ft (37 LEDs/ft) / Pure white: 168-207lm/ft (37LEDs/ft) RGB: 168-213lm/ft (18LEDs/ft) Colomno LED Light LED lighting integrated into the columns - Camargue Line. A maximum of one LED strip can be incorporate into each column (on the inside of the beam). There can be a total of four columns fitted with integrated LED Light lighting per roof section. Integrated column lighting UpDown LED Light Integrated LED lighting on the inside of the frame. Fitted with lighting running upwards and/or downwards. This lets you create indirect or direct atmospheric lighting with the Camargue Line, Algarve Line, and Aero Line. A total of two UpDown LED lighting modules can be installed per roof section. This can be done on either the pivot side or the span side. Upwards lighting Downwards lighting Lineo LED Light LED lighting integrated into the blades - Camargue, Algarve, and Aero. Even distribution without visible bright spots thanks to high-quality LEDs (55 per foot). Lapure® LED Light LED lighting integrated into the Lapure cross-beam. Even distribution without visible bright spots thanks to high-quality LEDs (55 per foot). AL U M I N U M PE R G O L A S CU S T O M I Z A T I O N / A C C E S S O R I E S 66 Maroon Creek Club Phase 3, Aspen, Colorado February 29, 2024 Engineering Report Engineering Report MAROON CREEK CLUB PHASE 3 ASPEN, CO February 29, 2024 Prepared by D, PE Roaring Fork Engineering 592 Highway 133 Carbondale, CO 81623 Exhibit B3 67 Engineering Report i Table of Contents 1.0 General ................................................................................................................................... 1  2.0 Proposed Improvements ......................................................................................................... 1 3.0 Utilities..................................................................................................................................... 2 68 Engineering Report ii List of Appendices Appendix A – Site Plan 69 Engineering Report 1 1.0 General 1.1 Existing Conditions Roaring Fork Engineering (RFE) has prepared this report for a major PD amendment for the Maroon Creek Club in Aspen, Colorado. The current property consists of the main club house, outdoor recreational and lap swim pool areas, tennis and pickleball courts, asphalt parking areas, and numerous concrete sidewalks, pathways, and patios. The property is vegetated with mostly native grass, lawn areas and numerous mature trees. 2.0 Proposed Improvements 2.1 Proposed Site Plan The proposed site improvements include the construction of new trellis/canopy areas for an event space near the recreational pool, an outdoor workout location on the west of the club house and covered outdoor dining areas on the southeast side of the building. Improvements also include the expansion of the existing gym on the northwest corner of the clubhouse. A site plan can be found in Appendix A. 2.2 Grading and Drainage All The drainage design for Maroon Creek Club Phase 3 Improvements will comply with all City of Aspen Rules and Regulations. The methodology, calculations, and proposed drainage mitigation measures will be in accordance with the City of Aspen Urban Runoff Management Plan (URMP). All newly expanded impervious areas will be designed to drain to water quality control volume treatment structures in accordance with the URMP Low Impact Development (LID) aims to mimic the natural pre-development hydrologic pattern. The goal is to manage storm water as close to its source as is possible. The treatment train approach will be used where feasible to increase water quality and percolation. Principle 1: Consider storm water quality needs early in the design process. The Grading and Drainage design will be coordinated between the architect, landscape architect and civil engineering teams throughout the design process and water quality requirements were discussed early on. Principle 2: Use the entire site when planning for storm water quality treatment. Storm water quality was considered in the design of every part of the site that is being affected by the proposed construction. Surface treatment will be used to the maximum extent possible. Principle 3: Avoid unnecessary impervious area. 70 Engineering Report 2 The total impervious area on the site was kept to a minimum while meeting the architectural design goals by incorporating pervious landscaped areas, pervious pavers, and other pervious surfaces throughout the site. Principle 4: Reduce runoff rates and volumes to more closely match natural conditions. All runoff from new impervious surfaces on the property is collected and routed to a drywell. This system has been sized to capture and infiltrate the full 100-year developed runoff rate. Principle 5: Integrate storm water quality management and flood control. The use of a drywell for storage acts to integrate a water quality BMP with flood control methods to limit downstream impact. Principle 6: Develop storm water quality facilities that enhance the site, the community and the environment. The use of a drywell for water quality reduces the runoff of sediment and contaminants from the site while treating runoff on the surface. This reduces the site’s effect on Maroon Creek and the Roaring Fork River. Principle 7: Use a treatment train approach. The use of a treatment train approach in which stormwater passes over pervious surfaces before entering the storm system will be incorporated at all locations possible. 2.3 Access Access to the club and proposed improvements will remain as the existing condition, with parking lot access off Harmony Rd to the north and main clubhouse access off Stage Road to the east. No new access will be necessary for the improvement locations. 3.0 Utilities 3.1 Domestic Water No improvements to the domestic water supply system are proposed. 3.2 Sanitary Sewer No improvements to the sanitary sewer system are proposed. 3.3 Electric Any electrical service upgrades for the proposed improvements will be shown on the architectural design documents. 3.4 Gas Any gas service upgrades for the proposed improvements will be shown on the architectural design documents. 71 Engineering Report 3 3.5 Communications No communication improvements are proposed. 72 Engineering Report 1 Appendix 73 Engineering Report 2 Appendix A – Site Plan 74 1 Phase 3 Site Plan CHECKED BY: # DE S C R I P T I O N DR A W N B Y CONSTRUCTION DRAWN BY: JOB # 2019-52 NOT FOR RO A R I N G F O R K E N G I N E E R I N G 59 2 H I G H W A Y 1 3 3 CA R B O N D A L E , C O 8 1 6 2 3 PH : ( 9 7 0 ) 3 4 0 - 4 1 3 0 DCS ADW MA R O O N C R E E K C L U B AS P E N , C O L O R A D O N W E S 75 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: BendonAdams 300 So. Spring St #202; Aspen, CO 81611 970.925.2855 chris@bendonadams.com x x x x na Have you included the following? na na na 5,850 Maroon Creek Club PD Amendment 2735-023-09-051 Maroon Creek Club Limited Liability Company, LLC c/o Maroon Creek Investors LLC, Manager 10 Club Circle; Aspen, CO 81611 970.925.1936 ahecht@garfieldhecht.com na Exhibit C1 Existing golf and tennis club. Proposed expansion. 76 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Address of Property: 10 Club Circle; Aspen, CO Please type or print in all caps M C k LLC BendonAdams Property Owner Name: aroon ree Representative Name(if different from Property Owner) _________ _ a Colorado limited liability company Billing Name and Address -Send Bills to: c/o Andrew Hecht· Maroon Creek LLC · , , 62 5 e. Hyman Ave #20 1; Aspen, CO 81611 Contact info for billing: e-mail: ahecht@garfieldhecht.com Phone: 970.925.1936 I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and 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. $. 975 Parks flat fee for ______ _ $. _____ flat fee for ___________ _ $. _____ flat fee for ______ _ $. _____ flat fee for ___________ _ 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 no-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 and 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 $325.00 per hour. 325 1 $ _______ deposit for ______ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Ben Anderson, AICP Com munity Development Director City Use: Fees Due: $ ___ Received$ __ _ Case# __________ _ Signature: PRINT Name: Title: Andrew Hecht, Manager Maroon Creek Investors LLC, Manager Maroon Creek Limited Liability Company LLC April 2020 City of Aspen I 130 S. Galena St. I (970) 920 5090 Exhibit C2 77 Exhibit C3 78 Exhibit C4 79 Exhibit C5 80 Customer Distribution Prevent fraud - Please call a member of our closing team for wire transfer instructions or to initiate a wire transfer. Note that our wiring instructions will never change. Order Number: Q62014635-3 Date: 02/07/2024 Property Address: 10 CLUB CIR, ASPEN, CO 81611 For Closing Assistance For Title Assistance Land Title Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Seller/Owner MAROON CREEK LLC Delivered via: No Commitment Delivery BENDONADAMS Attention: CHRIS BENDON 300 S SPRING STREET SUITE 202 ASPEN, CO 81611 (970) 925-2855 (Work) chris@bendonadams.com Delivered via: Electronic Mail Exhibit C6 81 Estimate of Title Fees Order Number: Q62014635-3 Date: 02/07/2024 Property Address: 10 CLUB CIR, ASPEN, CO 81611 Seller(s): MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY Buyer(s): TO BE DETERMINED Thank you for putting your trust in Land Title. Below is the estimate of title fees for the transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about Land Title. Estimate of Title Insurance Fees "TBD" Commitment $265.00 TBD - TBD Income $-265.00 TOTAL $0.00 Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the documents on your property. Chain of Title Documents: Pitkin county recorded 02/17/1994 under reception no. 367054 at book 742 page 100 Pitkin county recorded 03/18/1999 under reception no. 428927 Pitkin county recorded 03/18/1999 under reception no. 428928 Pitkin county recorded 02/18/2000 under reception no. 440670 Pitkin county recorded 02/04/2002 under reception no. 463581 Pitkin county recorded 02/04/2002 under reception no. 463582 Pitkin county recorded 11/30/2011 under reception no. 584725 Pitkin county recorded 11/30/2011 under reception no. 584727 Plat Map(s): 82 Pitkin county recorded 11/15/1993 at book 33 page 4 Pitkin county recorded 03/31/1994 at book 34 page 23 Pitkin county recorded 09/27/1996 under reception no. 397484 at book 40 page 61 Pitkin county recorded 08/09/2002 under reception no. 470808 at book 61 page 89 83 Copyright 2006-2024 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 10 CLUB CIR, ASPEN, CO 81611 1.Effective Date: 01/26/2024 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: LOT 51, ​ MAROON CREEK CLUB, ​ ACCORDING TO THE FINAL PLAT AND PUD FOR MAROON CREEK CLUB, RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 AND AS PARTIALLY CORRECTED BY INSTRUMENT RECORDED MARCH 31, 1994 IN PLAT BOOK 34 AT PAGE 23 AND MAP RECORDED SEPTEMBER 27, 1996 IN PLAT BOOK 40 AT PAGE 61 AND FURTHER AMENDED BY HARMONY ROAD PLAT RECORDED AUGUST 9, 2002 IN PLAT BOOK 61 AT PAGE 89.​ COUNTY OF PITKIN, ​ STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62014635-3 84 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62014635-3 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1.RELEASE OF DEED OF TRUST DATED OCTOBER 08, 1996 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CAROLINA FIRST BANK TO SECURE THE SUM OF $4,900,000.00 RECORDED OCTOBER 16, 1996, UNDER RECEPTION NO. 398113. 2.RELEASE OF DEED OF TRUST DATED NOVEMBER 12, 1996 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CAROLINA FIRST BANK TO SECURE THE SUM OF $4,900,000.00 RECORDED NOVEMBER 27, 1996, UNDER RECEPTION NO. 399476. 3.PARTIAL RELEASE OF DEED OF TRUST DATED OCTOBER 15, 1997 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TEXTRON FINANCIAL CORPORATION TO SECURE THE SUM OF $15,000,000.00 RECORDED OCTOBER 15, 1997, UNDER RECEPTION NO. 409454. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED OCTOBER 15, 1997, UNDER RECEPTION NO. 409455. AMENDMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED APRIL 04, 2002 UNDER RECEPTION NO. 465963. AMENDMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED AUGUST 31, 1999, UNDER RECEPTION NO. 435077. AMENDMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 20, 1999 UNDER RECEPTION NO. 431337. 4.PARTIAL TERMINATION OF FINANCING STATEMENT BY ANB BANK, THE SECURED PARTY, RECORDED FEBRUARY 21, 2014, UNDER RECEPTION NO. 608128 AND CONTINUED BY AMENDMENT RECORDED DECEMBER 28, 2018 UNDER RECEPTION NO. 653005 AND AS CONTINUED BY AMENDMENT RECORDED JANUARY 5, 2024 AS RECEPTION NO. 699775. 5.PARTIAL RELEASE OF DEED OF TRUST DATED FEBRUARY 13, 2014, FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ANB BANK TO SECURE THE SUM OF $6,000,000.00 RECORDED FEBRUARY 14, 2014, UNDER RECEPTION NO. 607993. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED APRIL 10, 2017 UNDER RECEPTION NO. 637434. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MARCH 12, 2018 UNDER RECEPTION NO. 645754. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED DECEMBER 21, 2020 UNDER RECEPTION NO. 671744. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. 85 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1953 IN BOOK 180 AT PAGE 155. 9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 16, 1944 IN BOOK 167 AT PAGE 562, AND RECORDED MAY 20, 1953 IN BOOK 180 AT PAGE 155. 10.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 93-104 RECORDED AUGUST 13, 1993 IN BOOK 721 AT PAGE 245. 11.TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 12, 1993, IN BOOK 730 AT PAGE 606 AND AMENDMENT RECORDED MARCH 10, 2000 UNDER RECEPTION NO. 441279. 12.TERMS, CONDITIONS AND PROVISIONS OF PUBLIC ACCESS EASEMENT RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 655. 13.TERMS, CONDITIONS AND PROVISIONS OF DEDICATION AGREEMENT FOR ROADS RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 662. 14.TERMS, CONDITIONS AND PROVISIONS OF AVIGATION EASEMENT RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 690. 15.TERMS, CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED NOVEMBER 15, 1993 IN BOOK 730 AT PAGE 797. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62014635-3 86 16.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT RECORDED NOVEMBER 15, 1993 IN BOOK 731 AT PAGE 52. 17.EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF SUBJECT PROPERTY RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 AND AS PARTIALLY CORRECTED BY INSTRUMENT RECORDED MARCH 31, 1994 IN PLAT BOOK 34 AT PAGE 23 AND MAP RECORDED SEPTEMBER 27, 1996 UNDER RECEPTION NO. 397484 AND FURTHER AMENDED BY HARMONY ROAD PLAT RECORDED AUGUST 9, 2002 IN PLAT BOOK 61 AT PAGE 89. 18.MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 02, 1993, IN BOOK 733 AT PAGE 598 AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 17, 1994, IN BOOK 742 AT PAGE 83 AND SECOND AMENDMENT RECORDED JUNE 8, 1994 IN BOOK 752 AT PAGE 754 AND THIRD AMENDMENT RECORDED JULY 19, 1994 IN BOOK 755 AT PAGE 883 AND AMENDED AND RESTATED THIRD AMENDMENT RECORDED JULY 26, 1994 IN BOOK 756 AT PAGE 597 AND FOURTH AMENDMENT RECORDED SEPTEMBER 12, 1996 UNDER RECEPTION NO. 396947. ASSIGNMENT AND DESIGNATION OF SUCCESSOR DECLARANT RECORDED MAY 11, 1994 IN BOOK 750 AT PAGE 242. 19.TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF RESTRICTIVE COVENANTS RECORDED DECEMBER 22, 1993 IN BOOK 736 AT PAGE 335. 20.TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT, AND VAULT AGREEMENT GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION RECORDED JULY 11, 1994 AT RECEPTION NO. 371946. 21.TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF ROAD MAINTENANCE AGREEMENTS RECORDED SEPTEMBER 03, 1996 AT RECEPTION NO. 396644. 22.TERMS, CONDITIONS AND PROVISIONS OF INSUBSTANTIAL PUD AMENDMENT RECORDED DECEMBER 19, 1996 AT RECEPTION NO. 400129. 23.TERMS, CONDITIONS AND PROVISIONS OF MAROON CREEK SUBDIVISION (SOUTH) ANNEXATION RECORDED FEBRUARY 06, 1997 IN BOOK 41 AT PAGE 76. 24.TERMS, CONDITIONS AND PROVISIONS OF MAROON CREEK SUBDIVISION (NORTH) ANNEXATION RECORDED FEBRUARY 6, 1997 IN BOOK 41 PAGE 77. 25.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED FEBRUARY 21, 1997 AT RECEPTION NO. 401986. 26.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 34, SERIES OF 1996 RECORDED FEBRUARY 21, 1997 AT RECEPTION NO. 401985. 27.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 40, SERIES OF 1996 RECORDED APRIL 08, 1997 AT RECEPTION NO. 403224. 28.ALL MATTERS SHOWN ON THE ALTA TITLE SURVEY OF SUBJECT PROPERTY RECORDED NOVEMBER 18, 1997 UNDER RECEPTION NO. 410803. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62014635-3 87 29.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 24 RECORDED MAY 04, 1998 AT RECEPTION NO. 416475. 30.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 22, 1999 AT RECEPTION NO. 435797. 31.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED DECEMBER 8, 1999 UNDER RECEPTION NO. 438373. 32.TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR SERVICE RECORDED FEBRUARY 01, 2000 AT RECEPTION NO. 440028. 33.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED MARCH 05, 2003 AT RECEPTION NO. 479574. 34.TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY RIGHT OF WAY EASEMENT RECORDED MARCH 16, 2006 AT RECEPTION NO. 521824. 35.TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 03, 2008 AT RECEPTION NO. 553987. 36.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 64 (SERIES 2018) APPROVING TENT STRUCTURES RECORDED APRIL 16, 2018 UNDER RECEPTION NO. 646596. 37.TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED DECEMBER 20, 2019 UNDER RECEPTION NO. 661357. 38.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. PZ-23-2019 RECORDED DECEMBER 30, 2019 UNDER RECEPTION NO. 661546 AND RE-RECORDED JANUARY 8, 2020 UNDER RECEPTION NO. 661797. 39.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF APPROVAL RECORDED JANUARY 14, 2021 UNDER RECEPTION NO. 672609 AND RECORDED JUNE 30, 2021 UNDER RECEPTION NO. 678177. 40.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF APPROVAL RECORDED JANUARY 24, 2023 UNDER RECEPTION NO. 692772. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62014635-3 88 Land Title Guarantee Company Disclosure Statements Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) 89 This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) 90 Joint Notice of Privacy Policy of Land Title Guarantee Company Land Title Insurance Corporation and Old Republic National Title Insurancy Company This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration 91 Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 92 Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) 93 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 94 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PRE-23-042 DATE: 03/21/2023 PLANNER: Haley Hart, Long-Range Planner, haley.hart@aspen.gov PROJECT: Maroon Creek Club, Expansion of Clubhouse Building and Addition of Commercial Floor Area REPRESENTATIVE: Chris Bendon, chris@bendonadams.com DESCRIPTION: The Maroon Creek Club’s Grand Champions Club (Clubhouse) is located on Lot 51 of the Maroon Creek Club Subdivision. The Maroon Creek Club was adopted into Pitkin County under Resolution No. 93-104, and later annexed into the City under Ordinances No. 33 and 34, Series of 1996. The Subdivision Improvements Agreement (SIA), recorded in 1993 under reception no. 363236, has remained the guiding document for floor area allowance, mitigation, vested rights, and other applicable information for the PUD after the property was annexed into the City. The potential applicant is proposing the addition of approximately 4,818 square feet to the Clubhouse. Currently, the applicant proposes to increase the size of the gym by 2,066 square feet, to build three new internal tennis court viewing platforms at 204 square feet per platform (612 square feet total), and to create three conditioned spaces at the patio area for dining purposes for a total of 2,140 additional square feet. The floor area for Lot 51 is set forth in the SIA and states there is an allowed 30,100 square feet of commercial development, of which, 8,000 square feet is allocated towards cart storage, and 1,200 is allocated towards a snack bar. The remaining 20,900 square feet is allocated towards the Clubhouse. In 1994, a memo to Suzanne Konchan, County Planning Director, indicated that there was approval for the following allocation of the 1,200 square feet granted towards the snack bar. This allocation included 700 square feet for a halfway house, 300 square feet for a comfort station, and 200 square feet for a ball shack. Subsequently, an unrecorded Insubstantial PD Amendment dated June 28, 2000, stated that only 312 square feet was used for the snack bar, and the remaining 888 square feet of the total 1,200 square feet was allowed to move back towards commercial floor area for the Clubhouse, with 100 square feet of that being dedicated towards a seasonal food tent. Thus, the remaining 788 square feet has been conceptualized by the potential applicant to be part of the allowable commercial floor area. Staff is unable to confirm the addition of the 788 square feet towards commercial net leasable floor area currently or that the 100 square feet was available for the seasonal tent. The applicant shall submit a full summary of floor area for Lot 51, and the allocation of the 31,100 square feet granted under BOCC Resolution No. 93-104. Staff will evaluate the vested floor area, the current floor area as built, the availability of any remaining allowable floor area, and the proposed additions. Additionally, staff will evaluate how the proposed additions would impact the overall calculation of commercial net leasable area upon receiving a completed application. The applicant proposes to increase commercial net leasable space, therefore GMQS must be considered. Per Resolution No. 91-111, the applicant has only mitigated for 26,100 total square feet of commercial net leasable space at this time. The applicant shall include in the application, a background summary on GMQS. The Maroon Creek Club has enjoyed many improvements over the past five years all detailed as Insubstantial Amendments. These improvements include, but are not limited to exterior siding, roofing and fenestration changes, addition of a second front door, interior remodels to the pro shop and bar space, front entry pedestrian and auto court reconfiguration, expanded pedestrian walkway, pool remodel, landscaping upgrades, and changes to fenestration to the pool bar. Due to the multitude of upgrades to the Clubhouse and Lot 51 over the past years, and the potential applicant’s current proposal to increase floor area and expand the Clubhouse footprint, this proposal may be subject to Exhibit C7 95 a more scrutinized review. The proposed additions were not conceptualized with the project’s original approval yet are generally consistent with the original design and concept. As such, based on the proposed scope, staff’s understanding of the vested approvals and existing development, staff believes that this would be reviewed as a Minor Amendment to a Planned Development Detailed Review Approval. This review is a one-step review with the Planning and Zoning Commission. Understanding that the scope may change or that additional information on the relationship of existing development to vested approvals may raise questions that are more appropriate for an amendment to Project Review, staff reserves the right to re-evaluate the review path based on the application. For your convenience – links to the Land Use Code and Land Use Application are below: Land Use Code Land Use Application RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.445.110 Planned Development - Amendments 26.470 Growth Management Quota System (GMQS) 26.490.040.D Approval Documents - Approved Plan Set 26.575.020 Calculations and Measurements REVIEW BY: • Community Development Staff for complete application and recommendation • Planning and Zoning Commission for determination PUBLIC HEARING: Yes PLANNING FEES: $4,550.00 Deposit for up to 14 billable hours. Lesser/additional hours will be refunded or billed at a rate of $325 per hour REFERRAL FEES: Engineering Department - $325 deposit for one hour of review, additional hours of review will be billed at $325/hour. City Parks Department, Flat Fee - $975.00 (Will likely be necessary depending on site plan implications of the proposed scope. Will be confirmed at Completeness Review.) TOTAL DEPOSIT: $5,850.00 APPLICATION CHECKLIST – Please email the following application materials to CDEHadmins@aspen.gov as a single PDF:  Completed Land Use Application and signed fee agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance Form  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen. 96  A draft plat of the parcel certified by a registered land surveyor by licensed in the State of Colorado. Plat must clearly depict the extents of the existing and proposed building envelope, areas to be relocated, and existing and proposed building envelope area totals.  A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado.  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property.  Floor plans that identify and provide calculations for existing and proposed Floor Area and Net Leasable.  Elevations (and renderings, if possible) that allow for the evaluation of Commercial Design review criteria  Proposed Site Plans for areas impacted by the proposed changes.  Written responses to all review criteria. If the copy is deemed complete by the Planning Director, the following will then need to be submitted:  Total deposit for review of the application. 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 rights. 97 Maroon Creek Club – Vicinity Map Exhibit C8 98 Exhibit D1 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 I lfll lll\111111111111111 111111111111 1117 14 il2P' OIIDINANc:a .II DI.II NI.II P'lllClN COUNTY CLEIIIC ORDINANCE NO. 40 (SERIES OF1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING FOR THE MAROON CREEK SUBDMSION IN CONJUNcnON wrm ANNEXATION INTO THE CITY OF ASPEN WHEREAS, pursuant to Section 26.92.020 of the Aspen Municipal Code the applicant, the City of Aspen, has submitted a request for a map amendment to rezone the Maroon Creek Oub subdivision, two Pfister parcels, and the water tank parcel in conjunction with annexation into the Gty of Aspen; and WHEREAS, through the development approvals of the Maroon Creek Oub subdivision the developer agreed to annex into the City of Aspen; WHEREAS, it is the obligation of the City of Aspen, under the Water Service Agreement, lo not divest or diminish the land use approvals or development rights awarded by Pitkin County for the project in their entirety and has therefore maintained ail existing County approvals, findings, written interpretations and amendments for the subdivision granted prior to the annexation agreement; and WHEREAS, to further clarify the approvals and the intent of the Water Service Agreement and the Annexation Agreement, Exlu'bit A defines the following definitions of the Pitkin County Land Use Code that shall be utilized for purposes of determining height, bulk, and setbacks within the PUD: Accessory Structures Basement Building Height Floor Area (FAR) Setback Structure Yard Yard, front, side and rear WHEREAS, a duly noticed public hearing was held by the Aspen Planning and Zoning Commission on October 22, 1996 to consider the application for a map amendment and forwarded a unanimous recommendation of approval to the Aspen City Council; and WHEREAS, the Aspen City Council having considered the Commission's recommendation for a map amendment at a public hearing on November 25, ···----�--�--------····--· www pdffactory.c Exhibit A2 133 134 135 136 137 138 139 140 141 142 143 144 145 146 Exhibit D3 147 148 149 150 151 152 153 154 155 156 157 158 159 Y•:' . . . . v cr+.r i g 1 °' < 4. .r L :`}, yr ra .. + 4 i'1- y f. 2 rx jM ,+ i'L. 3,c ti fk. ,v0. r 1 .:y;t}, I vJ .!` ' RR"', xr ry", f} ..,{5{ #^Y.: } y ,. a r.F x '•''trj",+Y".-h ".'y- Y y 6 yv j.-.' 1 9.-: I. 5 t •J f . -:a1+.6 F..,' -K: a r. 5: RE80LIITION OF THE 80ARD OF COIINTY COMMISSIONER6 ii- PITRIN COIINTY COLORADO, AWARDING COMMERCIAL GROATH I.,•"' i MANAGEMENT QIIOTA SYSTEM ALLOCATIONS FOR THE 1991 COMPETITION z AS FORWARDED BY TH& PLANNING AND ZONING COMMISSION 4.. y Resolution No. 92- FG,:' irr K` WBEREAB, the Maroon Creek Development Corporation submitted a commercial Growth Management Quota System (GMQS) application for y 14 EGU s for the Pfister Ranch/GOlf property which is described i i within Exhibit "A"; and IWHEREAS, on November 5, 1991, the Pitkin County Planning and i . i 1 Zoning Commission (hereinafter "COmmission"), held a duly noticed public hearing pursuant to Section 5-510.6(a) (3) of the Pitkin County Land Use Code, in order to review growth management j• . r applications; and WHEREAS, the Board of County Commissioners (hereinafter 1 Board") understands that the Planning and Zoning Commission reviewed only one application for the 1991 Commercial GMQS i i: competition and scores the project 50 points; and I` WAEREAB, the Board recognized that there are 43 EGU's available for allotment and the sole application scored above i minimum threshold. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners awards the Pfister Ranch/Golf project 14 EGU's for i the 1991 commercial GMQS competition. r ,. APPROVED by the Board at its regular meetinq on January 14, p;, .'Y< 1992. i'1• 7 F k.. t, a,Y i'Yt":. i r i'M f/ , ruusuv t' F - i . r.,.. -. 2 (-. e;` sS4y,: A a t . r 1? r ti rR' i_5'a j J - . • r'`c 7 ij 1., Exhibit D4 160 i' ir „v j, -r c.' f t ye t 'K n t; 'G.1cJt .sr r 1!3A.' q ti - fi'tt. " 1` Epl y `! r Y.i i.--..,. , 'sr i ay wt .,+'i{h iaS y 7.fa t 'd'f a. . Uw yf . rt,"rr S ry f"., j' . :. d' u ,s,f , j. cc tt v r ,'? fs.. TF " A' 7i ' 3 v2;; ,c 7i"tw=. _... sx,, i `/ s Resolution No. 92—t7 y Page 2 i K a_ . 80ARD OF COIINTY COMMISSIONERS OF,PITKIN COIINTY COLORADO i, t i.x vf°," L': r a...: g Gw..-.P-a r-- '"^^ Y 4; JAMES R xUE Chairman D E 1 r .. ATT: 7 S, . G V a; J@ @tt@ JOIIeS / D uty County C rk s.• c:, APPROVED AS TO FORM: APPROVED AS TO CONTENTC y.,h-'`_ r r C Tim Whitsitt, 8uza e Ronch n, County Attorne Coua y Planning Director M COlf7nlisS/o£- Q,41! reso.bocc.qmqs.com.forward ChaH+ner+Nay eEthridge o"g `'y"""` commissioner Rass voUn9 . Commissioner True votirg E i Commissioner Tuite votin9 i i ' Commissioner Crowley voting 5? i r= ` uv K , w . r' t'`,'' tc+`" r . t , .-'•.n . . . y . . . 4 . . .. 41.'' y .: . C{ . . . 4r°, l r f !q r k r, Xt ,^zA Y ' j F u " i , I {I Y , ''' Y i 1' f K i i 2 t i.^ y r i y 3, . e 1 r w r i. I f. - . ...I 4Y . l . - . ... 161 i i 3xr t ' s i: ,. . v i, l a rr.'i s'°, t5 ':, y" , a ' c yL ? kr 9]d - /t! i a p s ci*. < 4f}r, y{ N `+ t'''4 "t '`4 i y i fTi' .' ' F 'r r . J a.,:.1:::_.._Y _. 'ai. J iv r h t _- r. ..._ .. , 3:: ji'.!tr 1.,,i l{c- RESOLIITION NO. 91 6eries of 1991) RESOLIITION OF THS BOARD OB COIINTY COMMZSSIODISRS OF PITICIN COIINTY, COLORADO EBTENDING THS 1990 AFFORDABLE HOQSZNG (3IIIDELINEB A8 RECOMMENDED BY THE ABPfiN/PITRIN COIINTY HOIISING AIITHORITY BOARD. r WHEREAB, the Aspen/Pitkin County Housinq Authority Board is to annnal).y deve2op and reaommend the Housing Income, Eligibility Guidelines, and Housing Price Guidelines for approval by the Pitkin County Board of Commissioners; and WHEREAB, the 1990 Affordable Housing Guidelines were approved by the Pitkin County Board of Commissioners with the adoption of Resolution No. 175, at the regular meeting of August 4, 1990; and WHER8A8, the Aspen/Pitkin County Aousing Authority Board voted at the regular meeting of June 12, 1991 to extend the effectiveness of the Guidelines until such time that the 1991 Affordable Housing 1'. j Guidelines are adopted; and WHEREAB, the Aspen/Pitkin County Housing Authority Board is requesting approval of the Pitkin County Board of Commissioners to formally extend the effectiveness of the Guidelines until such time that new guidelines are adopted. NOW, THEREFORE, BE IT RESOLVED that the 1990 Affordable Housing Guidelines be and hereby are extended until such time that the 1991 Affordable Housing Guidelines are adopted and approved by the Pitkin Coui ty Board of Commissioners and the Aspen/Pitkin County Housing Authority Board. ZNTROAIICED AND APPROVSD by the Pi n County Board of Commissioners at its regular meeting on the day of , 1991. F ATT BOARD OF CDUNTY COMMISSIONERS r' L s BY: I`r aneLte Jones; Deputy Wayne thridge, irman ounty Clerk ;' Date: i MANAGER APPROVAL: APPROVED AS TO FORM: d Reid Haughey;Tim W its'tt, j Pitkin County Manager Pitki Co nty Attorney ey?` 6V L y, . 1 x s_k:,.. ,.,;: . . . r .._, Yi , a . , _ . . . . 5 y?+!'!'f,' f>!"t'? d„,`', r:''+"j^r Exhibit D5 162 1 y.x r' ? -,.L. ' 4 i t' 1 l r 7 a t :> u 1 1_ '{ a: Y RGM tldi _ Nh w,71 . 1 y 7 t 1 ,. .. Y . 4 2y.l^1::K.7fM`ry' ' . . • t. 336728 G9/3/91 15:^6 Rec .>i7 BF:, 657 F'G 306 y Si2via bavis Pit::in Crtty C1erF::, Doc $.UO RS80LUTION OF TS8 BOARD OF COU24TY CO!lMIBBIONERB s OF PITAIN COONTY COLORADO, GRANTZNG APPBOVAL OF DETAILED SIIBMISSION FOR SIIBDIVIBION 1041 EINIRONMENTAL HAZARD REYIEW SCENIC FOREGROIIND OVERI,AY REVIEW PLANNED UNIT DEVELOPMENT REZONING SPECIAT, REVIEW APFROVAL FOR RELOCATION OF THE RSNO RADIO TOWER, LOT LINE ADJIISTMENT WITS THE ARD PROPERTY, G&NERAI. AND DETAILED BIIBMISSiON TO THE "GRAND AMENDMSNT" PORTION OF THS APPLICATZON AND AMENDMENT TO THE BIITTERMILR SRI AREA MASTER PLAN FOR THE PFISTER RANCH/GOLF APPLZCATION a" Resolution No. 91- AfHERSAB, Maroon Creek Development Corp., hereinafter Applicant", has applied to the Board of County Commissioners of w Pitkin County, Colorado, hereinafter "Hoaxd" for approval of Detailed Submission of 1041 Environmental Hazard Review, Scenic t;1r j, Foreground Overlay Review, Subdivision, Planned Unit Development, Rezoning, Special Review Approval for Relocation of the KSNO Radio a:.;<k=.:„ Tower, General and Detailed Submission to the °Grand Amendment rLz'•`;%.r- r'"'=`` portion of the application and Amendment to the Buttermilk Ski Areay.5 s:=<`."-`1 Master Plan pursuant to the appropriate sections of the Land Usee. y..:- 5 Code; and 1 1 WSEREAB, the total property (the "Project Site") is 3 u approximately 369 acres, including approximately 70 acres to be i;'^° available under lease or easement to the AppZicant, zoned AF-2, AF- i 2 (PUD) and AF-SKI. The Project Site is located north and west of I Maroon Creek on both sides of Iiighway 82, and includes portions of Y; I YK q.Xi. t .s+''-' v k' ' . . ' t;:' xz.:.i a rt x± ' ry'}.j...«, ' r.s 3:-' . v .,'r,• .M1a''. t: r',} r: r:•i ti,u;: Exhibit D6 163 q ry{ s vL,.,GL:}'.g1 X ._ 1 'it };: .. a 4, o j,.•`!1..1( r1 C. .a. .1'..A - br 7 r d .: 4 ,: a .n'vv $.F t 4 ' d :T K t y y y' 7 . {` a L,cy r kt ,t '_ .,: s.,` Y-a Y - rk t ;}'. N .} . . s`` Y, u ``m u . _ r . . iTm,.•"5 y - 336728 c g/,3/91 15:.?6 Rec .OG BY 657 PG 307SilviaDavis, FifNin Cn y Clerk, Aoc .U Resolution No. 91- Page 2 the Buttermilk Ski area (Tiehack), more specifically shown on Exhibit "A", vicinity map attached; and WSEREAS, the existing zoning and acreages are outlined in j{` ESChibit "B", attached; and WHEREAe, the Applicant has submitted the application described above (the "Application") requesting approval for the following: 1. A residential and golf course development project (the Proj eCt"). a) Additions to the existing Grand Champions Club, s including an 18 hole championship golf course with driving range, maintenance facilities, and clubhouse additions; b) The development of 43 Free-market single-family units, including 5 on the south bench, 5 on the north bench, and one (Lot 16) directly opposite the Tiehack Ski Lift, and the development of 37 free-market townhomes. The maximum square footage for the il homes on the north S and south benches and Lot 16 shall be 10,000 square feet i or each home. The maximum square footage for the homes on Lots 6-12, 19-31, 40 and 46-48 shall be 6,000 square y; feet. The maximum square footage for the homes on the remaining lots (Lots 32 through 39) shall be 5,500 square j feet. The townhouse units shall be, at the Applicant's option, up to 148,000 square feet in total, with no individual townhouse unit to exceed 4,800 square feet. c) Applicant has successfully competed for allocation under the County Residential Growth Management Quota System (°GMQS j for the years 1988, 1989, an@ 1990 andYhasreceivedGMQSallocationsfar51freemarketunits and as more fully set forth in this Resolution a GMQSn`•'= replacement credit for 24 (i.e., Park Meadows) additional residential units. A d) Applicant has received a 1988 commercial GMQS approval for the golf course and 10,900 square feet of commercial building and 6,000 square feet of GMQS replacement credit (for the restaurant at Tiehackj . i Further, as more fully set forth in this Resolution, the s_:; Applicant has received a GMQS commercial replacement h credit for 9,200 square feet (Aspen Country Inn). A total of 30,100 square feet of commercial space is to be added to the existing Club subject only to Applicant x:S x. i ,.t t^-mr' y, . Tr.y y . v i:5. d._..4r:.F:, tyC A.2,!. f.^+3`•s`t i Y s h'. ' . .+5;; b.. a•,i»:,,o: _ v 164 Cwn,' M t ru>. 1 E J > r 1' 1Lt •~ s . u . 1v -tr'x.r. r wi . r,if ar k ,, r."L yT F y . ,g s ,yy„F r,' ry 1' . . Ti T 1 ': 1 7 . _}t.h.. fi :i .(y4"°y k f. F 't f ... r 7'°k' rr I6'[ t. e dna'i. , t v. a +' t u-i!"'-t wir,.,. s, y.S 4__y ri Y Y 1 l ' s.. . rT . . . . f.. . t' ,. ...SY-k"_..L.T,'1:.k- Z6728 ]9/23/91 1:,:6 Ftec .+U Rf' 657 F'G 308 Silvia Davis, Pitki Cnty C1erF:, Doc .0: Resolution No. 91- Page 3 obtaining a GMQS alZotment for 4,000 additional square feet and to the conditions' of approval outlined below. Finally, as more fully set farth in this Resolution, r Applicant has received a GMQS replacement credit for 12 f Aspen Country Inn) lodge units. i';` ' j ej The permanent commitment of significant lands for open space (a portion of which is in the form of a golf course) and for preservation of the scenic foreground as delineated in the application, in accordance with the Pitkin County State Highway 82 Corridor Master Plan. It F is the commitment of the applicant that the PUD sha11 never be further subdivided. f) Intersection improvements to Highway 82 and the i . relocated Stage Road and Tiehack Road to provide safer i: • automobile circulation in the area. g) Construction of a total of 40 affordable housing units including 39 multi-family rental housing units and 1 single-family sale unit. The 39 multi-family units shall be located together in the PMH zoned area on the north side of Highway 82 as shown on the PUD detailed submission plat. The proposal includes 13 one (1) bedroom units, 13 two (2) bedrooms units, and 13 three 3) bedroom units all located in the northwest corner of the Project Site; and on the south side of Highway 82 one for sale" unit of 1,510 square feet, four (4) bedrooms and 2-1/2 baths. The lot size shall be a minimum of 6,000 square feet. The unit shall be sold pursuant to the Housing Authority quidelines at a Cateqory 1 sales price based on 1,100 square feet. The "for sale" unit y is to satisfy the Housing Authority requirement to mitigate the displacement caused by the demolition of the Mathis unit. The Applicant shall have first choice to rent any of the housing units to employees associated with the Project as long as such employees qualify under the County Housing Authority guidelines. Twelve {12) of the two bedroom units within the multi-family complex are to mitigate the displacement of the employees now livinq in the Park Meadows. h) The Buttermilk Master Plan shall be amended to allow modification approved under this resolution including improvement of ski facilities to include a relocated Ego 1 Hill lift, relocated parking to include no less than 121 parking spaces and eliminate the restaurant at the base of Tiehack. No further amendments to the Buttermilk Master Plan sha12 be allowed until such time ski lift 1 capacity is addressed. Y yv7 4..r;1 y- f '.., :: . .--... k S'7 .: .t Mx:' rc. a X` ' i'°.,:;. t's%:i w ti, w 165 S TK i , 1'r',1-a._S S ?; +'. ..., :, r .. t` i.i' ,L ;..• a ` y: -* y a .T t 7 i.•.n'(+;. p !`q, . It ' i'! ( °: y'/ i3 ::i '«t, .:. f ',i ' s''l'rp . 9[''` ••+, 14 9. 1". : jr{ MyX fw,a f s i ) F f r'":. .?l aat'+ '"6'3D'fi.'`:.4'... +. ra...n r..- _ J` i.ti:'. 336;28 09/3/91 1::^b Rec $.OU bk 657 FG 3d9 Silvia Davis, Pitkin Cnty Clerk., Doc ,GO Resolution No. 91- Page 4 i) Infrastructure improvements for all of the above components of the Project, as delineated in the Application. r !' 2. Rezoning of approximately 60.5 acres owned by the Applicant from AF-1, AF-2 (PUD) and AF-SKI, to AR-2,R-15 and R- r,• 30. The remaining approximately 308.5 acres of land shall retain existing zoning, except 10. 5 acres to be zoned Tourist, "T", and 5 acres to be zoned Permanent Moderate Housing, °PMH", and of such remaining lands, approximately 172.5 acres shall be used as a golf course (see Exhibit "D" PUD Plans, Sheet 1 of 55) . 3. Detailed Submission and PUD approval for the entire Project subject only to obtaining a GMQS allocation for the 5 j 's'• remaining residential units and 4,000 square feet of commercial space not previously granted GMQS allocation; and 4. Setbacks and lot width variations for multi- and single- family free market and PMH structures in accordance with the Bulk and Area Chart dated June 13, 1991 attached hereto as Exfiibit "C". 5. Attached hereto as Exhibit "D" and made a part of the application is the Detailed Submission PUD Plan consisting of 55 i sheets dated September 27, 1990, revised July 26, 1991, August 30, y 1991. AHEREAB, the Planning and Zoning Commission reviewed the Application at its regularly scheduled meetings and special meetings and recommended denial to the Board of County Commissioners. The Planning and Zoning Commission did, however, . forward suggested conditions if the Board felt the project i warranted an approval; and i WHEREAB, after review by the Planning and Zoning Commission, the Board reviewed this Application at duly noticed public hearings i•.; on April 8, May 15, and June 11, 1991, at which times evidence and i" -E testimony were presented with respect to this Application and f , - S'i ., havin a roved at that timegpp procedurally the review of the "Grand j, Amendment", General and Detailed Submission as part of this review process; and i:. iF' 1T a ,t'_.. .. H::'i: t. J r Sy '.". Y x i y. t s° ti:, Ry(166 1-sY' ., C` 1 . yj/ . V r. C t i d l 1< q"1 rt+..Y' .. ff 1 EL' :: ` i i.aj,. r _ a' f 1 li,` ii.`'e' yk%?.f.- "f- «:+. :nr z°:f.` r h'. w 1 . y r. .. , j if£" r: fY.o s„_a`Sx.`.. .s'a n,. .:._,r,¢"" ai1'`}ya:,yj.54y 3367 8 p9/3/91 15:26 Rec ,r p F; 657 F'6 310 Silvia Davis, Pitkin Cnty C2er-k, Doc .OU s Resolution No. 91- Page 5 NHEAEAB, the Applicant shall receive the same score in GMQS competition in future years For benefits and amenities and other 1i matters as it scored in the 1988, 1989 and 1990 applications; and WHSREAB, the Applicant has previously received GMQS allotments t as £ollows: r. Residential: 1988 - 24 Units 1989 - 17 Units n• Y, 1989 - 24 Units (Park Meadows Exemption) 199D - 10 Units y-y x i"Y For a total of 75 Total GMQS allocations to date yp ommercial• d t.: 1988 - 7,500 ± yard golf course 2, 9'00 square foot clubhouse and starter area a;::,_.c. 8,000 square foot maintenance and golf storage area 6,000 square foot commercial restaurant, bar, retail (Romeo's exemption) 1990 - 9.20o square foot clubhouse expansion (Aspen Country Inn exemption) 26,100 Total square feet GMQS allocation to date odge Rooms: l -X,'` r°`' 1990 - 12 lodge rooms (Aspen Country Inn exemption) not to exceed 580 square feet each for a total of 6,960 square feet i i 14:^, HOR, THERSFORE, BE IT RESOLVED by the Board that it does s hereby grant approval of the Application for Detailed Submission4; for Subdivision, 1041 Environmental Hazard Review, Scenic Foreground Overlay Review, Planned Unit Development, Rezoning, L._,,, t"'-` Special Review approval for Relocation of the KSNO Radio Tower, Lot w_ f•=r ' r<.;,,; Line Adjustment witlx the Alcohol Rehabilitation Unit property in ri y i;.,i r i:J:.:,, c- 't'"u .y yr ' i i. t t' t t i x. Y y.,„;:_•. 167 1 p'S" z ts i 4?k, r+rx i r fa t i t Y { .i t -x. so y '. o y,, F,. 1 .7l _` 3 fii ES'(.4'2 4'' . :... H A . V- . r ti, r f .i tr L i r +,c n y S!, 1.y _ _ -r, S 4' ,. _ tA` M .. _ 1 . . ."... t-,t`'6.;..T..a K'.w7'l t i;:4i'y_... :''....R7 . d .:1 '! .<,"qA p >•.,Y s:,k'. 336;2B J9/23/91 15:26 F,ec .06 BY, 657 FG 311 Silvia Davisa Fitkin Cnty Clerk, Doc .GO Resolution No. 91- Page 6 i.e., subdivision exemption approval pursuant to Section 4- 2.2(a)(2) for the lot line adjustraent); and General and Detailed Submission with respect to the "Grand Amendment" portion of the r . i 5.._.-, Application and amendment to the Buttermilk Ski Area Master Plan, I together with all variations and other requests for land use i approvals requested for the Application subject to the following conditions: f a I, eneraY Conditions of Approval: 1. GMQS exemptions for replacement credit for the demolition of the Aspen County Inn, Obermeyer and Aspen Country single-family unit shall be granted as follows: the 2 single family homes (obermeyer and Aspen Country Inn single-family home) may be replaced on site, each on one of the newly subdivided 1 lots at their currently existing square footage; approximately 9,20o square feet of commercial space from the Aspen Country Inn may be used as replacement commercial square footage proposed by the Applicant. No change in use of the commercial square footage as proposed L in the application shall be allowed without an amendment to the PUD; 12 replacement lodge units may be transferred from the Aspen Country Inn to the Grand Champions Club. Each room shall not exceed 580 square feet for a total of 6,960 square feet. Any additional development approved as a result of this review shall be required to receive GMQS allocations i.e., the Applicant is required to obtain a GMQS 3 allocation for 5 of the single family homes and 4,000 c A square feet of cotnmercial space). 2. Density: The overall residential density shall be 80 free market units (43 single-family, 37 townhomes), and 39 employee PMEI rental units plus one single-family PMH j employee sale unit. j n. s¢;:', C' . M . 11 i 7 13_ f; 4' y. m r.. y:y 168 s, 57 i S fnu a d.... i ' F t, -.:; i ".t' ,' d .: ' t n„t:i ° r ,. '. N > : rs aqy¢ + .__.• t ,st 1..: hr~ VH I:I h t ik..T. .. 16h.. . i.k Myx1-4._ .. .h .'. . f'fC. kJ, y+,n t r:. u OS. r'1":s 1iJ.:•'t 11',..3 6 r^8 r q/2/91 SJ:GEI Rec . HK. 657 FG 312 t"j" Silvia Davis, F•itkin Cnty Clerk, Doc .Ou Resolution No. 91— Page 7 3. The Tiehack parking area sha21 have a minimum of 122 spaces and shall be open to the public for day-time use only. Additional modifications to the Buttermilk Master Plan as shown on the detailed submission plat are approved. No additional revisions to the Buttermilk r Master Plan shall be allowed by the County without adequate review of lift capacity and the transit and parking needs of Suttermilk Mountain as a whoie. 4. The single-family home locations shall be rezoned to R- 15 and R-30 allowing review and approval of employee caretaker units on an individual basis pursuant to 1, Section 3-8.13. Ts, 5. If asbestos is found in any of the existing buildings R', ;?.which are to be demolished, the Applicant shall comply with the Colorado State Emissions Standards for i'•.. Asbestos. r 6. The Applicant shall be limited to two gas log fireplaces per building as represented in the General Submission. The Applicant shall be allawed, however, to appeal to the Clean Air Board in order to provide a plan which creates less air quality impacts to the area. 7. The Applicant shall contact the Environmental Health Department for comment should mineral waste, waste rock v or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off-site is 1` discouraged due to the possibility of excessive heavy metals being present in the soil. This is particularly pertinent to fill material on the site which has been transported from the Little Nell Ski slope. r,;; 8. No individual multi-family unit shall exceed 4,800 square feet and the cumulative floor area for all free market multi-famiiy units in the project shall not exceed 148,000 square feet. Floor area calculations for these units shall not include sub-surface parking. All parking for those units shall be underground. Because of the exemption of underground parking from floor area a computations, the multi-family units shall not be entitled to the 750 square feet exemption for on-grade 6;, ? parking structures. The floor area allowed shall be calculated by the regulations in effect at the time of final plat approval. 9. The historic portion of the barn on the south side of 3:! , r the project shall not be demolished. It may be moved y..! I . r%.i 4 ^ i y; s; r--+*,, r zfl.y.F'r• Q'l y?':y;.. 7 1~ i.:'.x.: :.c, K wo A''srs. Ht,-k.,. nr.' 169 y".*y sa ,i R°'x; r r y,4.i JS"k°au, n ' s '' 'o- 1- wwy '_ t M . w.. `t# J ,w.°t N`r' n ,ti` Y Y, .F.'f r tia?., F . ',` -»i ,y^+ F ia s i`: A , y w.a l '4' 4 r' 1d . . .. .. f. . r . . .il!BC'x ih... . i _ C'S`.M t'Lr. 3367 6 +9/3/91 2::26 Rec .OcJ BY.. 657 F'C'i 313 M Silvia Dsvis, Pitkin Cnty C1erF:, Doc- $.U 7 Resolution No. 91-,/1L Page 8 I: intact or disassembled and moved to another location on or off the Pfister Ranch property. t . 10. The Applicant shall comply with 404 approval for wetlands disturbance from the Army Corp of Engineers as outlined in the Army Corp letter with conditions dated March 19, 1991 and attached here as Exhibit "E". li. In connection with the appzoval, the BOCC agrees and makes the following findings: a. The Applicant is leasing or acquiring 19.3 acres of the adjacent Pfeifer Parcel. The remainder of the Pfeifer parcel, other than 19.3 acres, is currentlyy improved with one residential dwelling unit and may only be further developed upon compliance with Section 5-510 and all other applicable requirements of the Pitkin County Land Use Code. b. The Applicant is obtaining 245.4 acres of the 249.8 acre Pfister Parcel. The remaining 4. 4 acre parcel is currently improved with one residential dwelling unit and may only be further developed upon 4 compliance with Section 5-510 and all other applicable requirements of the Land IIse Code. However, in accordance with BOCC Resolution 89- 61, the owner of either parcel (the 245.5 or the 4.4 acres) may ntilize the square footage of the three residential dwelling units (a total of 5,015 square y;s; feet) currently located on the 250 acre application parcel to build not more than three residehtial dwelling units totaling 5,015 square feet, if the existing units are demolished. Such replacement is y' subject to compliance with applicable zaning, 1041 i hazard review, and other requirements of the Land Use Code. The replacement credit of 5,015 square feet is an addition to any other residential density described or approved in this resolution. c. This approval of the Pfister Ranch/Golf application shall be vested in the Applicant upon the signing nl,.i of this Resolution and shall run with the land. 12. The Club use is approved pursuant to conditions found in5~; Resolution No s. 79-26 and 83-90, and said use may be ti", expanded and modified pursuant to this approvaL f'_ 4 13. The public dedication of Tiehack Road, the underpass connector from Tiehack Road to relocated Stage Road and i t' relocated Stage Road and the public right to use surface parking at the base of Tiehack Ski Area shall be shown r 1- j• C,I+ Y'9 4 4'r'S , V.Ymfs:4. .-iI:',,y.t: q. tr A`(., r. Y.+s;,' g' N.. r_q"4 y.. A: F' y, .'..170 1 j.` c t?i >t34 s y, , f ' r i i r _ + . a i,;. i t "' 3 x8 t -.w;. r`r. f.'r rf`""v kT.V,t i r t , .; i a+a3 fir.y.. p J,',i'', ''i.i: .t 3 "'''.:'r ..aBY dt--:-s xt,a iD}`li;+!'"y?S tti:,: k336i 28 r 9/23i91 SJ:LC Rec ,pf gF, 657 FG 314SilviaDavis, FiEkin Cnty Clerk, Doc $,uj Resolution No. 91- Page 9 on the Final Plat. Use of the Tiehack parking lot by the public shall be on a year-round, daytime basis. The dedication of Tiehack Road is for the public to access the Tiehack parking lot to reach public lands and trails over which the public may have easements. No parkinq of vehicles by members of the public shall be permitted on Tiehack Road. The right of the public to park cars at the Tiehack base lot shall be limited by the number of parking spaces available to the public (no less than 121 spaces shall be available at all times). Rights are reserved in Applicant to encroach upon, over or under any dedicated rights-of-way for ski lifts, signage or inEormation structures, sidewalks, trails, utilities, i:`;:,:_,,'; bridges or tunnels, or for other purposes consistent i' with this approval of the project. All signage on Tiehack Road shall be insta2led by the Applicant, t; including signage by the County. The County does not accept any maintenance obligation as to Tiehack Road or i the Tiehack base parking area. The County does not have the right to expand or change Tiehack Road specifications without amendment of the PUD approvals. Maintenance of relocated Stage Road (from Highway 82 to the intersection with existing Stage Road) and the underpass connector from Tiehack Road to relocated Stage Road shall be performed pursuant to an agreement between a',, ` the Applicant and the County prior to issuance of A> permits to construct the relocated Stage Road. i 14. No further subdivision of the PUD shall be allowed except in connection with the condominiumization of any7.Ss.:„: elements of the project subject to obtaining any 4_`: required approvals pursuant to the Pitkin County Land w;;`; Use Code. 1:"` 15. In the winter, the aerial lift, which may be constructed ti; at Applicant's ahoice on Lot 16, shall be available to the public at no charge, but otherwise subject to safety and operational rules of any regulatory agency. If a lift is not constructed, an alternative means of crossing Tiehack Road will be provided for nordic skiing y;;`''j and pedestrians. z; 16. All utilities shall be placed within driveways and major roadways unless otherwise specified on the utilities master plan submitted with the detailed submission. I t..'; 17. Portions of the golf course area may be used by the r='+ public at no charge in the winter as part of the nordic R I trail system. Specific trail locations shall be approved annually by the Applicant. Trails will avoidh,; .'..I n.' greens, tees and other man made features or obstacles. t.y-.0C'.?ri ' y,. u` _ . Y;lq.. MS,, Y.., • fj f. ZP iµ-_'_ 7 tµ i..h' " i. f i k r'xiX 3tiw:: 171 N t` F'','„, ;, t; , a ; i y K,u., : b s i.. 7 9,}y . Y 1 A.,+4ri6. 13' s` , w y ' f. t ... C, t8'9'. 4' Fwy' r x n t 7 i°e k.'{c t' f 1 . X 1 1, r`{ 'w y ..'t { ,. . . " y . ." a° . .... . .. 1,L M1`jay f e n,1 1 j,,y., k'''''i"sa*1.W ' M-",y'Xd5KR 7!n.`. i y _ r 336728 C q/23/qi 15:26 Rec ,On E+h' 657 FG 315SilviaDavis, FitSr.in Cnty Clerk, Doc .GO Resolution No. 91- Page l0 r . 18. All new trails along Highway 82 shall take the expansion i'.:,,•.-. of the highway into consideration when developing the r``- specific trail alignment and design. 19. All buildings on the property requirinq water and sewer service shall be provided with central water and sewer service. No individual or private systems shall be allowed within the PUD. I S . 20. The sprinkler system for the qolf course shall be supplied by a water source provided for in Applicant's agreement with the City of Aspen dated July 9, 1990. j The domestic water needs of the development shall be supplied pursuant to an agreement with the City of Aspen dated July 9, 1990. 21. The Applicant shall not allow the use of poisons for rodent control except upon approval of the County via an amendment to the PUD. 1' 22. For all buildings within the PUD, building height shall I be measured pursuant to the Land Use Code provisions in I effect at the time of issuance of a building permit with s the exception as noted in Exhibit "C', the Bulk and Area Chart, Note #2. i 23. All representations of the Applicant shall become conditions of approvaL j"i j II. Prior to Final Plat Approval by the BOCC the Applicant shall adequately address the following: 1. The Applicant shall submit an avigation easement acceptable to the County Attorney. The relocation of the KSNO tower is approved by the County subject to further approval of the Detailed Plans and Specifications by the Pitkin County Airport Manager and _ FAA. i':; 4i '. . Y 2. Prior to final plat approval, a water quality monitoring pragram shall be approved by the Environmental Health Department for the golf course and adjacent areas. i ' iV . 3. The free market townhouses will be owner-occupied and/or long term rentals for a minimum of six months with two 1 shorter tenancies each year, and a deed restriction to I" this effect shall be provided prior to final plat and recorded with final plat.I. ' i„ :. . i ii , 1 f • -..i j_,, 1 j1{;t.:. t.x.,/ t P J Fly 172 W rrr _—_ 1- v'j..Y. ' S R ' a S ) 13 ta . q i x.,.' K; + j y ' it i`.n j i a F'+•,a •"' 's"• r itu.,'+t' . r , k> t ,_ •:` ' • .,x,y+-c W" l, t -:{' t^ ' a o .'{. Y.iB t t J 2 J'ih 1,. y '„. c, . s t 7t lC. A __ .. ri .. .. .,. . .. e,.,.'S` rw' i Yc-. 336,H t 9/3/92 15:26 Rec .Gti NK.. b57 PG 316 Silvia Davis, F•itk:in Cnty Cler•4s, Doc $.U Resolution No. 91- Page 11 4. Reference is made to the lands conveyed to the County in that certain Deed recorded in Book 333 at Page 897 which is a portion of the current AABC pedestrian trail. The 1r County shall, by special warranty deed, convey said lands to Applicant free and clear of any liens or af" encumbrances in exchange for a relocated AABC pedestrian trail which meets County approved trail specifications. It is the responsibility of the Applicant to relocate and construct such a traiL 5. A lot line adjustment for the Alcohol Rehabilitation Unit facility is approved provided that: I i a. The Alcohol Rehabilitation Unit plat shall be amended to reflect the lot line adjustment approvaL b. The approval of the Pfister Ranch/GOlf application, including the Alcohol Rehabilitation Unit lot line adjustment, will not alter, amend or limit, in any manner whatsoever, any or all of the uses, i exemptions and terms currently applicable to the property of Alcohol Rehabilitation unit under Resolution 83-133 and that such uses, exemptions and terms shall continue to apply without any k:; alteration, amendment or limitation whatsoever to t the property of the Alcohol Rehabilitation Unit. 6. Prior to signature of final plat, the Applicant shall verify that there is an agreement in place with the z+ .Aspen Consolidated Sanitation District. a; K III. Ia the Subdivision Improvement Aqreement the Applicant shall J:i commit to the followinq; 1. Prior to Final Plat or excavation permit for the v,_ project, the Applicant shall submit a SIA, including a cost estimate for infrastructure and public improvements. At this time, the Applicant shall submit security acceptable to the County Attorney and BoCC 7 insuring the construction of the infrastructure and public improvements, and/or reclamation of the property.The Subdivision Improvements Agreement shall i,,;{ include a schedule for construction of improvements and associated bonding requirements. a a 2. The SIA shall ensure that the all ponds shall be lined to ensure water retention. The specific techniques used a to ensure water retention, such as rock lined areas and i"a floatable traps, shall be addressed in the SIA. F`'I c• i'':;I F':•. G ri'? r . z=; t.." i y i r•.''i`"`` r5. a;i.t.i ra'173 1°'" S' + S H• t . 1 M1.: Y.# lC' ASI r•ry 1 .i ..._'fl`.' . N r i x t: .•:.,i J x % ` : .,°rA}'1';3+ y . L .1- 3',.,'`}' i6 y Y' t i', F a ' t c ''- 0 , ' h ki. y{(r,_ ,ra:rz,e . . . w .. .t _u . .J': . . . . .. . ... . 33672B 79/2/91 15:<6 Fec .00 F3Y, 657 F'G 317 Silvia Davis, F'itkin Cnty Cler•k, Doc $.QU s Resolution No. 91- Page 12 3. No proliferation of algae in any water course downstream j of the development shall be allowed to occur as a result of the development.i 4. The Applicant shall construct and deliver a public bus stop shelter along each side of Iiighway 82 at the time construction of the Stage Road/Tiehack Road underpass is completed. The Applicant is responsible for 100$ of the cost of construction of the shelters. The Applicant shall design such shelters based upon recommendations from the Roaring Fork Transit Agency. 5. Nordic Trail connections shall be constructed by the Applicant between the City golf course and the y Government Trail via the existing trail along Maroon Creek to the extent they are within project boundaries. Overpasses, underpasses or other on-grade solutions f.:, shall be provided where practical to cross the roads i within the development. 6. If determined necessary by the County and upon the t County s written request therefor, the Applicant shall grant easements for and construct a trail easement along i the south side of Highway 82, along their property boundaries. 7. When the existing AABC trail is relocated and constructed by the Applicant, it shall be upgraded to Y• i accommodate current trail standards adopted by the County and in place at the time of development. a. 8. Commencing after use of the existing Tiehack parking areas is no longer available, the Applicant (or Homeowners Association) shall cause to be provided van y service from the base of Tiehack ski area to Rubey Park on race days and other maximum traffic days. The plan for this van service shall be submitted annually to the i Planning Office on October 1 for approval. i 9. Until such time as the Highway 82 pedestrian underpass described in condition #15 below is constructed, Applicant shall cause an internal van service to be j provided to residents of the employee housing complex. V By "internal van service, the parties mean within the I Project to the Tiehack parkinq lot and RFTA bus stop on the south side of State Highway 82, and from residences j to the Club. A plan for van service adequate to meet the needs of the residents of the employee housing complex shall be submitted annually to the Planning Office for approval on October 1. When the construction of the pedestrian underpass is completed, van service to I tr 4 a, . '(',_ _._.,: ...... ... r... v`M1 l. N Tj'.;.,.,; z",c,,:r:'. r .-x.-S r"s;,,.: k.;.,;Y r' a ve++;„. -.. t:.,~ f.• r'.`,' ry j;;, sY}r:: g+.y, v. 174 w 4,`;:. 5"i.. S i S`i r u: Y , .. 1 , y.e:F s t," ' , .`,,3 , , s* ,k,. k''-, h` b. k k f' ` y p 1 i; j ' t w.ay- YrStisr . °" P,'-i H%Y' U'.t,k:l ir'J;_ ...iLr'- .. .,.. s, . i " _.+'.F h f yt i.,'t j 336i^8 n9/23/91 15:26 Fec ti.i G B1C 657 FG 318 Silvia Davis, Pitkin Cnty Cler1;, Doc ffi.GU Resolution No. 91- Page 13 the employee housing complex shall be discontinued and van service may be on an "on call" basis for the free- market units. r . 10. Prior to final plat approval the Applicant shall submit a temporary erosion control plan which is acceptable to the Environmental Health Bepartment and the Engineering Department. This plan shall specifiaally deal with erosion concerns of the construction oE the golf course and major regrading of the Tiehack area. A specific cost estimate for the erosion control plan shall be j outlined and secured as part of the SIA. 11. The Applicant shall vegetate in accordance with the approved landscaping plan all areas that are disturbed by new construction and removal of any existinq residence within one year after a certi£icate of occupancy is received for any improvements. This I assurance shall be made as part of the SIA. f 12. The Applicant shall be required to provide a Subdivision t: Improvement Agreement which includes an acceptable phasing schedule (including but not limited to landscaping, construction of publia infrastructure and f' amenities.) The Applicant shall acquire approval from the BOCC in order to substantially amend the schedule. This would occur at a public hearing as do all j I amendments to a PUD. Staff may approve insubstantial amendments to the schedule. The £inancial assurances for all improvements shall be tied to a specific schedule. 13. The Applicant shall provide all necessary trail easements through the deve2opment in order to make access to the Government trail viable from the west side of Maroon Creek. The year-round trail easement along 4 Maroon Creek (ditch trail) and access from the Tiehack i parking lots shall lirilc to the Government trail. I , Furthermore, the Appliaant shall agree to a final realignment of the Government trial easement which is acceptable to the USFS and provides a connection to the existing trail from Iselin Park. s t 14. The AppZicant shall provide 50 (with $300, 00o as a cap) of the cost of construction of a pedestrian bridge across Maroon Creek. The Applicant shall provide an easement on their property and the community shall be responsible for acquiri.ng the easement on the Moore i east) side of the creek. The total financial j commitment to construction of the bridge shall be in place within three years of the final approval of the ryLi 5 9 It- sP - - - -.._ ..... l' s.. a . 4 p^. • LJ_Y.t:i w;" t i tCr'S`1;?''`. . iaY.,.+. e,'.;¢?:r s,,,;.,.:5. i st.. r, a;a,.175 cr d e , ry,, ''si y<1;"* v. :" Y . ttti.;'t,, .y fi A ^"v . 5j { a t3', ``' ',[ Tf ' 4 ,eK 4. t . tr.. . k h Y '` t t- "ti J k C f"a. z y 1. X .!. . .. . . . ` _ T 4 f. . .._. . .'r . . ..K 31 is i.. 3367L8 49/23/9i 15:,:^•.6 F ec .f1U &f: 657 fiG 31.9SilviaDavis, Fit{;in Cnty C1erF: Doc .QQt 4 . Resolution No. 91—ffL Page 14 PUD. If construation of the bridge has not commenced within three (3j years from final approval, the Applicant shall make a $100,060 donation to the Pitkin r County open Space Board Eor the purchase of trails within the County in full satisfaction of its it.I'` obligations hereunder. 15. The Applicant shall construct a pedestrian underpass to accommodate pedestrians in the vicinity of the employee housing complex and to serve as a trail Iink between the7owlCreekbikepathandtheAABCbikepath. To complete this link and depending upon the exact location of the E underpass, the County may have to obtain easements from f adjacent property owners. This underpass shall be j'., constructed at such time as the highway is widened r which is projected within the next five years) . The Applicant shall be responsible for 100 oP the cost of I. the underpass. If, in fact, the uttderpass is built at the expense of another agency such as the Highway Department, the Applicant shal]. transfer the financial commitment to the cost of the Maroon Creek bridge. This 2 arrangement and the projected cost of the underpass shall be outlined in the SIA. E j Iv. Covenants: 1. The Applicant commits to require that all residential buildings incorporate the followinq water conservation devices in their designs: toilets (tank-type flusho- meter) per flush - 1.5 gallons; urinals per flush - 1.0 1 gallons; low flow shower heads. 2. An ongoing water quality monitoring program, including a schedule, shall be submitted by the Applicant and approved by Environmental Health Department and shall i run with the land via the subdivision covenants. 1 I 3. Commencing after use of the existing Tiehack parking 1 areas is no longer available, the Applicant (or Homeowners Association) shall cause to be provided van service from the base of Tiehack ski area to Rubey Fark on race days and other maximum traffic days. The plan for this van service shall be submitted annually to the Planning Office on October 1 for approval.Y' 4. No dogs shall be allowed in the emplayee housing complex, and any dogs on the property shall be leashed or kenneled. 5. The Plat and/or Einal PUD will include a note to the 4?" effect that in approved building envelopes, no i 1 F= ai n:'_ i:'" d.` {. rt;i.C:i. r trc; 4 STY. F!i; 176 Y IiliYWl J:''n J" li tf; w. . r `l {k.'° 'IK,T t - sc 1 1"r l.r p rv ' y t' f "F: wi:L `Ean rk k.v 4a t i 1.. . r. . ., . • 9 x t. 3367.^B q9/23/91 15:b Rec .r} gh 657 F'G 320 Silvia Davis F'itkin Cnty Cleri;, Doc .OU a Resolution No. 91- Page 15 development will be allowed on slopes exceeding 30 with the exception of Lots 12 and 17 through 40 where any 30 t slopes shall be graded out pursuant to the approved i', detailed submission grading plan. 6. Grading and berming along the Highway 82 corridor on the north side shall screen major views of the clubhouse, townhomes and employee housing units, yet allow occasional open views of the golf course from Highway 82. Subject to timely review by the Board so as not to delay construction by Applicant, reasonable modifications to the gradinq plan may be agreed to by Applicant and the Board whereupon the grading plan shall be modified to accomplish screening and open view objectives. f .' 7. Provided the Pomegranate East Condominiums, by a writing sufficient for such purposes, agrees, on or before t recording of final plat, to abandon its existing right to access Highway 82 as granted in Deed qf Easement f, recorded in Book 308 at Page 962, Applicant will, at its y expense, at the time of the construction of the new Tiehack Road, pave any unpaved portions of that Pomegranate easement area, pave any unpaved portions of the existing parkinq area and provide an alternative access to Highway 82 west of the existing access at a specific location to be approved by the State Highway Department and County Engineering. When the alternative a access is completed, the existing Pomegranate access to Highway 82 shaZ2 be abandoned. Should the Pomegranate East Condominiums not timely agree to abandon its right a to the existing Highway 82 access, Applicant shall have no obligation to perform any of this condition and t existing parking and access to Highway 82 for the f. Pomegranate East Condominiums will remain unchanged. 8. If, in the opinion of the State Highway Department or the county Sheriff's Department, any construction results in any unsafe traffic conditions on Highway SZ, or at current Stage Road intersection, Applicant will I: implement appropriate traffic control measures such as signs, £lagmen, or the like to mitigate such conditions i' to the satisfaction oE the BOCC. 9. As part of the employee housing complex on the north i side of Highway 82 and if an agreement satisfactory to Applicant and the County can be consummated by November l, 1991, Applicant will construct up to ten (10) additional units; provided that the County shall, during the couzse of the design and construction, pay all costs i, hard and soft) associated with such additional units yrI I :.1 i- ' i 1.:. .:; ... . : :..? -. x,,.. a:%;";y, i'''° Y,i dK•^`[4:' PiJ^ 177 i s ' ° -'' 1 NY>y t J'fr ,„` .{ , y ,y k'S#,•,'. , ' F,a= ^s '. !i f j r+ LF n f S a kd,}F u i4 '7 '`1.1+Y1%(.. „ .,l r p '" ..,{k i cn. ''1 r e'it Yr, t Y r d ., s c, r i'tii;, J. ._ . J 9i{`t,<n y.. 3 6728 09/23/91 i5:26 Fiec 'S.O gF; 657 FG 321 r.. Silvia Davis, Pitkin Cnty Cler4;, Doc .4 Resolution No. 91- cr. Page 16 together with all management and operation costs associated therewith. 10. The Applicant shall provide, as part of the SIA, a commitment to a water quality monitoring program, which will address the chemical treatment as well as landscaping features of the project. An ongoing monitoring schedule shall be established and run with the land via the subdivision covenants, and initial cost during construction and first 5 years of operation shall P be established as part of the Subdivisiol Improvement 4 r Agreement. r, V. Prior to Issuanca of Suilding Permit: r 1. Prior to issuance of a building permit for any underground parking structure, involving underqround parking or maintenance areas, a registered ventilation engineer shall approve the design to insure that harmful levels of pollutants are not qenerated inside or vented i outside of the structure. 2. The Applicant shall submit a fugitive dust plan to be approved by the Environme»tal Health Department prior to issuance of an excavation or building permit for all portions of the project. 1 3. The Applicant shall obtain approval from the County Engineer for a construction/landscape license on the portion of Stage Road affected by the proposal. vI. In connection with the approval, the BoCC agrees and makes the followinq fiadinqs: i 1. The following laed use approvals, which are inconsistent with the approvals set forth in this Resolution, shall i be deemed vacated and terminated: i Resolution No. 81-28, Book 408 at Page 685 Resolution No. 81-126, Book 418 at Page 771 Resolution No. 83-72, Book 447 at Page 837 Resolution No. 83-104, Book 453 at Page 360 j only with respect to the interest of Applicant in the Zoline Foundation PUD) Final Plat for Aspen Racquet Club Subdivision, Sook 11 at Page 55 2. The foZlowing easements or other agreements of record shall be terminated and the chairman (or in his absence, vice chairman) of the BOCC is authorized to enter into a such agreements as shall be necessary to terminate and i i;:: L fl rfii'6;i"'c. r.Y?.r.,, Q', - dy.:d"S. '' r"C'i. , . H.`;!.ti. i i,: g; 4# N.. 178 4F:; 7u- ... ' Y .l, 'k_oa . ,.,,,, ..4 G ',•' s y,y.F, .n t ' t 4. °, ,. u" u ' e-a r,,,Ar ' 1: D .'' .. V. k' 4. 6 J d y 't. , '.!4s .i: 1 7 1 r,...,Ah.. ' • 1 _ 3!'a 1' . ef.3 C=l .!'. . _o-... L'l:ir,.... .)._' ,. .. ._:._ ., 't:yy ynFQI' 36728 G9/3/91 LJ:LG Rec .49 bpo65 7.U 322 Silvia Davis, F'itkin Cnty Clerk:, Resolution No. 91- Page 17 extinguish of record said easements and other agreements: r ... Book 343 at Paqe 120 Book 408 at Page 874 Book 408 at Page 881 Book 408 at Page 885 Book 431 at Page 221 Book 530 at Paqe 459 Book 531 at Page 213 3. The following is an inventory of the existing land use i approval resolutions for the Grand Champions, which resolutions shall, except as provided herein, continue y in effect together with all additional square footage and uses approved in this Resolution. i Resolution No. 79-26, Book 364 at Page 96 Resolution No. 83- 90, Book 450 at Page 950 4. Reference is made to the lands conveyed to the County in that certain Deed recorded in Book 333 at Page 897 which is a portion of the current AABC pedestrian trail. The County shall, by special warranty deed, convey said lands to MCDC free and clear of any liens or tl encumbrances in exchange for a relocated AABC pedestrian trail which meets County approved trail specifications. It is the responsibility of the Applicant to relocate and construct such trail. 5. This approval of the Pfister Ranch/Golf application shall be vested in the Applicant upon the signing of this Resolution and shall run with the land. No party, other than Applicant (or any person receiving an assi nment of all org part of Applicant s rights Y hereunder) and the County (or the public by and through the County), shall be a beneficiary of this Resolution. IV•! 6. As relates to this specific development proposal, the Applicant shall receive credit in GMQS competition in future years for benefits and amenities as scored in the 1988, 1989 and 1990 applications. I 7. No excavation, demolition and/or grading permits shall be allowed until such time there is an adequate legal and financial agreement with the City of Aspen for a i water supply, as approved by the County attorney. JI 8. No issuance of any building permits for the project c? shall be allowed until such tirae an adequate water y supply is in place. i 4 i a . , . w I:o-;=."{ 1fl T.-k:`,"Yti`'. x.,R r v ` t1'._ y' r_,k-. 5.± s .. A" Y 7°l^.u.:'. 179 CTJ. i y*' r.,itf. i y ,5) ' f' L r'+ i. e r. Y14 ' Z F i j-p{§'. r vyV ' 1, ' 3 ti;dc,y ` Y=-t 4 y k. 2: {. + +.1 a J' t rx;., - C • y,c t ;: ct .n a -d•,i k.• , '1+. V M1 . . .. ...oM{h'S iF:. i 36728 U9/23/91 15:26 Fiec $.UO BY., 657 PG 323 Silvia Davis, Pitkin Cnty Clerkk Doc S.pO Resolution No. 91- i: Page 28 F.'.. 1 APPROVED by the Board at its regular meeting on June 11, i 1991. i i. BOARD OB COIINTY COMMI88IONERB I;'.'., OF PITRIN COUNTY COLORADO BY ' ,,...a._. r-w.._ m True, Vice-Chairman y IIte S,-l-. 9. 441_ ATTEST: TMa; i . II , J anette Jon , eputy Count Clerk z,. 6 APPRO D A8 TO FORM• Ap O ED AS TO CONTENT: 1 L• f,, Timo hy Wh tsitt, Am Marqar , i' Coun y A t rney pl inq Dire or n-airdR 7'. boccreso.pfisterdnew i t ChairtnanWayneEthridgevoting E' 7 Commissbner Ross vobng Commissaner True voting 1Z- Commissioner Tuite voting Commi;sioner Crowley voting S d! s: a"fi I Si J: t i r 7 t:. W v__ _ :._,... ....,._ _. r . r y 180 3 cr wYpr' r`. C t rF : . t ._: Yt -a n yr i .a: r t . jy. y.,]`) # I . 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