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HomeMy WebLinkAboutLand Use Case.336 W Tiehack Rd.0091.2005.ASLU336 W Tichack Rd PitCo Referral 2735-101-02--001 Case 0091.2005.ASLU C City of Aspen Community Development Dept. CASE NUMBER 0091.2005.ASLU PARCEL ID NUMBER 2735-10-1-02-001 PROJECT ADDRESS 336 W TIEHACK RD PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION JOYCE ALLGAIER PITKIN COUNTY REFERRAL SUZANNE WOLFF 920-5093 8/2/2006 12:0( CLOSED BY Denise Driscoll 08/03/2006 16:51 13032840974 ALL CASH BUYER PAGE 01/01 Dear: President / CEO, Financial Executive or Ti-u.stee Company Manager of Real Estate Owned ,Asset Portfolio This is how I can be a benefit to your company. Acquisitions, marketing, keep inventory, quickly resale or manage real estate properties. As past REO Specialist I work under the directors of Asset Managers. My responsibilities were the pre -marketing functions, of a portfolio of REO Assets; Communicate with Real Estate Brokers, attorneys, clients and other associated industry -related agencies to facilitate cash for keys, cash for deeds, vendor assignment, and eviction procedures, initiate inspections tracking, property preservations and obtaining valuations. Work with other industries to create cash flow. I have many years of expertise and experience. I can do it right and produce fast results. Salary requirements: Term One Year Contract Salary of $35 per hour with 40 hours a week guaranteed paid weekly, your company pays for all advertising cost and travel expenses. Plus 3% (three percent) of the sale price of each sold property transaction paid upon close of escrow / title. I work from my home base office Denver Colorado. Computer experience, great Communication skills, I speak English & Spanish, Great Customer service, and can trouble shoot transaction problems, with the end result as a successful close of escrow / title. Highly Skilled in Real Estate and Mortgage Brokerage business, Construction. & Heavy Hauling Transportation, I am an Investment developer. CEO, Owner Operator of a Factoring Company ,Yww.capitalvilfuudjogdept.com I Have client contact data base of Cash Buyer Investors and of Cash Buyer Groups. I am an Active Investment Developer. Was Real Estate & Mortgage Broker and on HUD List of Brokers Was the Owner, CEO, Operator, of Residential and Commercial Real Estate and Mortgage Brokerages firms. One Stop Service Real Estate & Mortgage Loan Companies had different office branch locations thru out California as well as designated broker for other firms. Daily Real Estate Investor, an Active investor of Real estate properties and mortgage notes I do my own appraisals, property inspections and Zoning, Planting department and all other Due Diligence Review on each subject property, was active in mortgage banking industry, Private Hard Money Lenders, Have designed and structured hard to do transactions and mortgage notes With lenders and For Sale By - Owners. An Active Senior Consultant, Area of investments and Sales, were Homes, Land, Hotels, Commercial, Industrial properties, and Trust Deeds, An Active Private Investigator of Mortgage Loans and. of Real Estate Property. Over 28 years as a Member of California Realtor and National Realtor and Mortgage Bankers Association, Simi Trick Driver CDL A licensed Moved Mobile Homes and Heavy Equipment to the land development sites. Authored (two) Books #1 1984 "Cleansing of Mother Earth Book #2 1987 "Building Self -Esteem. and its Effects on Business 09-2005 to 12-20-2005 Colorado. Continuing Education at the American Real Estate College. Real Estate Broker Licensing, Program Courses: Real Estate Law & Practice, Escrow, Title, Colorado Contracts & Regulations, Record Keeping & Trust Accounts, Appraisals, Mortgage Loan Financing, and Current Legal Issues & Investments. 12-22 to 02-2006 Colorado, Continuing Education at the United States Truck Driving School, Heavy Duty Interstate Truck Training, DOT 66 Compliance, Vehicle Inspection, Daily Log, Trip Planning, Air Breaks, Defensive Driving, Rules & Regulations, City & Mountain Driving, 04 2006 to 07 2006 Construction Superintendent and Project Manager at the Jewish Medical Research Center addition in Denver Colorado. Project is Complete. Paul Runninghorse Vigil speak, English & Spanish Commercial or Residential Real Estate Cash Buyer & Fast Lender Cellular (303) 921-8193 Main (303)284-0636 Fax (303)284-0974 P.O. Box, 1481 Denver, Colorado 80036 Email: paul.i•lgll@con-icast.net s Ob 0 Fide Edo Record Navigate Form Report,$ FmMat Tab Help �{{, � y r 14 o� �i3m#U r. j ®1b 0. Conditions Sub Permits i Valuation Pudic Comment Customer Reguest Attachments Main Routing Status ArchlErrg ` Parcels Custom Fields l Fee; Fee Summary Actions Routing History __._.-_.._-___....__._,_ Permit Type JaW Land Use 2004 - --- Permit # 0091.2005ASLU Address 3 W TIE —HACK RD — A.pt/Surte's Cidy ASPEN State zip81611 Permitlnlormation Master Permd Routing Queue �r Applied1112112005 Project �J � Status p�n9 App,.,,-d F— l Description PITKIN COUNTY REFERRAL —^ Issued F— _j Final ! M Submitted [SUZANNE WOLFF 920-5093 Clock IRu 9 Days F0 Expres 11/16I2006 i- Visible on the web? Permid ID: 36395 Owner Last Name PITKIN COUNTY COMMU �J — — --- Fist Name 130 S GALENA ST -- ASPEN CO 81611 , Phone ,f970) 920.5526 'v OwnerlsAppIrcant? — ___ ..._ A.pphr_ant Last Name PITKIN COUNTY COMMU _._._. ..__-__.. Fist Name 1ASPEN 13 SS GALENA ST CO 81611 Phone rf970) 920.5526 Cust # 25142 R310.1 Emergency escape and rescue required. Basements with habitable space and every sleeping room shall have at least one openable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Where emergency escape and rescue openings are pro-vided they shall have a sill height of not more than 44 inches (1118 mm) above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section 310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emer-gency escape and rescue openings with a finished sill height be -low the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2. R310.1.1 Minimum opening area. All emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet (0.530 m2). Exception: Grade floor openings shall have a minimum net clear opening of 5 square feet (0.465 mz). R310.1.2 Minimum opening height. The minimum net clear opening height shall be 24 inches (610 mm). R310.1.3 Minimum opening width. The minimum net clear opening width shall be 20 inches (508 mm). R310.1.4 Operational constraints. Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. R311.5.8.2. R310.4 Bars, grills, covers and screens. Bars, grills, covers, screens or similar devices are permitted to be placed over emergency escape and rescue openings, bulkhead enclosures, or window wells that serve such openings, provided the minimum net clear opening size complies with Sections R310.1.1 to R310.1.3, and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. [F] R313.1 Smoke alarms. Smoke alarms shall be installed in the following locations: 1._In each sleeping room. 2._Outside each separate sleeping area in the immediate vicinity of the bedrooms. M Is PITK N COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: City of Aspen Planning FROM: Suzanne Wolff, Community Development Department RE: Crown Special Review for TDR Receiver Site & Scenic Overlay, (CASE P236-05, PID 2735-101-02-001) DATE: November 18, 2005 Attached for your review and comments are materials for an application submitted by James Schine Crown Trust. The Board of County Commissioners will review the application on Wednesday, January 11, 2006. Please return your comments to me by Friday, December 9, 2005. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT. Thank you. ■ ■ ■ ■ ■ [--7 CROWN, 0- r ff'OU,siE-, LOr 1, CROWN SUBDIVISION SPECIAL REVIEW Er SCENIC OVERLAY APPLICATION Farce llD Na. 2 735-101-02 -001 SUBMIT7W 'BY NAAS LAND PLANNIN0. LL C 201 N. MILL VIZEE`r, SUI7"E 108 ASPEN, CO LORADO 81611 Phony- (9 70) 92 5 - 7819 Fa.g/:(970) 925-7395 Ema& sapr6k. net NOVEMBER, 2005 ■ ■ Parcel ID No. 2735-101-02-001 ■ ■ ■ ■ ■ ■ ■ ■ Clt,,OWN GU. E 5r H, OUsEF LOT 1, CROWN SUBDIVISION SPECIAL REVIEW Fa- SCENIC OVERLAY APPLICATION Parcel ID N&. 2 73 5-101-02 -001 SUBMIMD BY HAAS LAND PLANNINC, LLC 201 N. MILL STREET, SL(ITE 108 ASPEN, COLORADO 81611 Phane- (9 70) 92 5 - 7819 Fa�v:(970) 925-7395 Ema&. sprvk- net NOVEMBER, 2005 Parcel ID No. 2735-101-02-001 ■ ■ ■ ■ ■ ■ ■ ■ AN APPLICATION FOR SCENIC OVERLAY AND SPECIAL REVIEW APPROVALS FOR THE JAMES SCHINE CROWN TRUST LOT 1, CROWN SUBDIVISION (Parcel ID No. 2735-101-02-001) Submitted by: James Schine Crown Trust c/o Henry Crown & Co. 222 N. Lasalle Street, Suite 2000 Chicago, IL 60601 Prepared by: HAAS LAND PLANNING, LLC Planning Consultants 201 North Mill Street, Suite 108 Aspen, CO 81611 Phone: (970) 925-7819 Fax: (970) 925-7395 Email: mhaas@sopris.net ■ ■ Parcel ID No. 2735-101-02-001 CROWN GUEST HOUSE SPECIAL REVIEW & SCENIC OVERLAY TABLE OF CONTENTS PAGE I. INTRODUCTION..........................................................................1 II. EXISTING CONDITIONS & PROPOSED DEVELOPMENT ....................2 ■ The Proposal............................................................................3 III. REVIEW REQUIREMENTS...............................................................5 ■ Section 3-310-030, Standards and Criteria for TDR .............................5 ■ Section 3-210-020, General Standards and Criteria [for Special Review].......................................................7 ■ Section 3-60-040, Scenic Overlay...................................................9 IV. VESTED RIGHTS........................................................................13 EXHIBITS: Exhibit 1: Proof of Ownership Exhibit 2: Letter of Authorization Rxhihit .3: Pro -Application Conference. Summary Exhibit 4: Copies of Prior Approval Documents Exhibit 5: Agreement to Pay Form Exhibit 6: List of Adjacent Property Owners Parcel ID No. 2735-101-02-001 I. INTRODUCTION This is an application for special review approval to establish a transferable development right (TDR) receiver site. More specifically, approval ■ is requested to utilize a TDR to establish a development right necessary to allow construction of a second single-family residence within a previously established building envelope on Lot 1 of the Crown Subdivision. The site is within the mapped Scenic Foreground and vested property rights are requested as well. ■ This application is being submitted pursuant to Sections 3-60-040, 3-210- 020, and 3-310-030 of the Pitkin County Land Use Code (the Code) by the James Schine Crown Trust (hereinafter "the applicant"), owner of the subject property. . Proof of the applicant's ownership is provided in Exhibit 1. Authorization for Haas Land Planning, LLC, to represent the property owner for this application is provided in Exhibit 2. A pre -application conference summary is included herewith as Exhibit 3. Copies of relevant prior approval documents are attached as Exhibit 4. An executed application fee agreement and a list of adjacent . property owners are attached as Exhibits 5 and 6, respectively. Section II, below, provides summary descriptions of the property, prior approvals, and the proposed development. Section III identifies the relevant review criteria of the Code and provides responses demonstrating compliance or consistency with each standard, as applicable. Section IV is a request for the granting of vested property rights. For the reviewer's convenience, all pertinent supporting documents are provided in the various exhibits to the application. While the applicant has attempted to address all relevant provisions of the Code and provide sufficient information to enable a thorough evaluation, questions may arise which require further information and/or clarification. Upon request, the applicant will provide such additional information as may be required in the course of the review. Crown Guest House Application (Parcel ID No. 2735-101-02-001) Page 1 II. EXISTING CONDITIONS & PROPOSED DEVELOPMENT The main residence on Lot 1 of the Crown Subdivision is located at 336 West Tiehack Road. The lot has an area of 8.039 acres and is zoned AFR-2 which permits one dwelling unit for every two acres. The Parcel Identification Number is 2735-101-02-001. A vicinity map showing the general location of the property is provided below. Vicinity Map A description of existing conditions on the subject property requires an understanding of prior approvals. Resolution No. 97-187 (Reception No. 419446) granted approval with conditions for Conceptual Submission, GMQS Exemption, 1041 Hazard Review, an EDU and a CDU. As a condition of Resolution No. 97- 187, Lot 1 (subject parcel) was limited to no more than 10,000 square feet of floor area and deed restricted against any further subdivision. During the review process for the application, the Planning and Zoning Commission granted Scenic Overlay approval to allow the addition of a second story on the primary residence. A 1041 Hazard Review Site Plan & Landscape Plan was recorded in Book 51 at Page 7. The building envelope tightly encircles the main house and addition, while a second building envelope was designated around the former Powder Pandas building, where the currently proposed guest house is to be located. Next, in 2001 Ordinance No. 040-2001 (Reception No. 459415) was approved, rezoning the Crown Parcel (Lot 1) from AF-SKI to AFR-2. The Crown Guest House Application (Parcel ID No. 2735-101-02-001) Page 2 rezoning became effective upon recordation of the Crown Subdivision Plat, which was done on November 7, 2001 in Plat Book 59 at Page 14. In a related vein and leading to the recordation of the Crown Subdivision Plat, Resolution No. 164-2001 (Reception No. 459416) granted Detailed Submission and Final Plat approvals for the Crown Subdivision, with conditions. All conditions of Resolution No. 97-187 were carried forward as conditions of Detailed/Final approval, unless specifically modified. Cash -in -lieu fees for Parks & School Land ■ Dedications were required to be paid prior to Plat recordation; this was done. EDU approval was included, but the requirement was deemed satisfied via the fourteen Heatherbed units, as documented in the Deed Restriction Agreement recorded as Reception No. 439517. ■ Per the approved Building Permit Plan Set in the Pitkin County Building Department file for Parcel ID# 2735-101-00-396 (different parcel number for whatever reason but still the subject property), the existing home contains 8,110.1 ■ square feet of floor area, of which 501 sf is subgrade floor area, 5,732.2 sf are on the first floor, and 1,876.9 sf are on the second floor. As noted above, allowable floor area on Lot 1 of the Crown Subdivision is limited to 10,000 sf. With 8,110.1 square feet of floor area having been developed, the remaining build -out is 1,889.9 sf of floor area, plus up to 4,000 sf of exempt subgrade space. M The Proposal The proposed development is really quite simple. The applicant would M like to develop a guest house in an existing building envelope and using the remaining available floor area for the property. Since the guest house will contain a kitchen, a second development right is required; thus, special review approval is requested to allow the property to be a TDR receiver site for landing ■ of a second development right. Further, the guest house cannot be approved or developed as a caretaker dwelling unit (CDU) since the remaining floor area M available (1,890 square feet) is more than allowed for a CDU. 0 The applicant remains limited to use of only 1,890 of the 5,750 square feet of value contained in a TDR. However, given the provisions of the Code (as discussed in detail in as part of this application's Section III, below), the applicant seeks to reserve the right for future use of the remaining 3,860 square feet of floor . area on the same site exempt from growth management if and only if the zoning and approval limiting the total floor area on the site are ever amended to allow use of the remaining square footage. Furthermore, to the extent that the Code's existing subgrade areas ■ exemption from floor area is at any point eliminated, the applicant would like approval to use what remaining floor area they have from the TDR to continue to ■ Crown Guest House Application (Parcel ID No. 2735-101-02-001) Page 3 utilize today's subgrade floor area exemption. In other words, if the subgrade floor area exemption gets eliminated, the applicant wants this approval to specify that they can use the remaining 3,860 square feet on their TDR for development of space that would today be considered exempt as subgrade. The new guest house will be located where the Powder Pandas building used to reside but has since been demolished. It, therefore, follows that the development of a guest house at this location will not have any adverse visual impacts to the designated Scenic Foreground. The guest house will be a much smaller and more sensitively designed structure than was the Powder Pandas building. Moreover, the main residence sits between State Highway 82 and the site of the guest house, almost completely blocking view lines from the roadway to the guest house site. Ironically, the Powder Pandas building contained a kitchen, but its replacement structure cannot have a kitchen unless a second development right (TDR) is first obtained. As a result, County goals are promoted by approval of this application. That is, the applicant currently maintains the right to build -out the remaining 1,890 square feet of allowable floor area; however, since inclusion of a kitchen is desired, a property in the Rural Remote (RR) zone district will be sterilized and forever preserved in an undeveloped state. All lands in the RR zone district are designated as TDR sending sites; implicit in this designation is the County's decision to specifically earmark and target lands in the RR zone district for preservation. Crown Guest House Application (Parcel ID No. 2735-101-02-001) Page 4 III. REVIEW REQUIREMENTS The following section addresses the applications consistency with the applicable review standards and criteria of the Code. The pre -application . conference summary attached hereto as Exhibit 3 indicates that the applicant should address the standards of Sections 3-310-030, 3-210-020, and 3-60-040 of the Code. Accordingly, responses to each of the applicable standards are provided below. 3-310-030, Standards and Criteria for the Transfer of Development Rights from a Rural/Remote Preservation Site to a Receiver Site Located Outside of the Rurao?emote Zone District A. Transfer of Development Rights Requires Approval by Special Review: The ■ transfer of development rights from a preservation site to a receiver site which is not located in the Rural/Remote Zone District may require special ■ review approval and shall be subject to each and every requirement of the Code, except as expressly provided for in this section. The proposed receiver site is located outside the RR zone district. The applicant has requested Special Review approval, and responses demonstrating consistency with the applicable standards and criteria are provided below. B. TDRs May be Severed from Preservation Sites for Use Outside the Rural/Remote Zone District for Additional Floor Area and New Development Rights for Residential Development: Upon compliance with all of the provisions of this section, TDRs may be used on receiver sites for: 1. Additional Floor Area up to or in excess of fifteen thousand (15,000) square feet: Based on the standards and criteria of this section, TDRs may be severed from preservation sites and transferred to receiver sites located outside of the Rural/Remote Zone District to obtain additional floor area for residential development, except where there is an underlying floor area ratio that limits the allowed square footage and/or a development approval that limits the square footage allowed and does not provide for the use of TDRs; 2. New Development Rights. Based on the standards and criteria of this section, TDRs may be severed from preservation sites and transferred to Receiver Sites located outside of the Rural/Remote Zone District to avoid growth management competition to create a new development right.for new residential structures and/or accessory structures up to five thousand seven hundred and fifty (5,750) square feet. The applicant proposes to use a TDR from the RR zone district for landing a new residential development right on a property in the AFR-2 zone district. C. Standards and Criteria for the Use of TDRs for Additional Floor Area on Receiver Sites Outside of the Rural/Remote Zone District: Crown Guest House Application (Parcel ID No. 2735-101-02-001) Page 5 The standards and criteria of subsection "C." do not apply in the current case as the applicant is not proposing use TDR for additional floor area. D. Standards and Criteria for the Use of TDRs for New Development Rights: TDRs may be used to avoid growth management competition and create a new development right for new residential structures and/or accessory structures up to five thousand seven hundred and fifty (5,750) square feet of floor area as follows: 1. One TDR = 5,750 square feet of floor area. Subject to all necessary procedures and approvals, one TDR shall be associated with a total of five thousand seven hundred and fifty (5,750) square feet of floor area for a new development right. Additional floor area beyond five thousand seven hundred and fifty (5,750) square feet may be acquired exempt from growth management competition through the use of TDRs as provided in Section 3-310-030(C). In the current case, a TDR will be used to avoid growth management competition and create a new development right for a new residential structure. However, the new residential structure will be restricted to 1,890 square feet of floor area due to the existing amount of floor area developed on the property and limits imposed through prior approvals. Development of subgrade space is exempt from the calculation of floor area. 2. Total Floor Area Reserved. A portion of the five thousand seven hundred and fifty (5,750) square feet of floor area associated with one TDR may be reserved for future development on the same site exempt from growth management. The applicant remains limited to use of only 1,890 of the 5,750 square feet of value contained in the TDR. However, given the language of this standard, the applicant hereby reserves the right for future use of the remaining 3,860 square feet of floor area on the same site exempt from growth management if and only if the zoning and approval limiting the total floor area on the site are ever amended to allow use of the remaining square footage. Furthermore, to the extent that the subgrade areas exemption from floor area is at any point eliminated, the applicant would like approval to use what remaining floor area they have from the TDR to continue to utilize today's subgrade floor area exemption. In other words, if the subgrade floor area exemption gets eliminated, the applicant wants this approval to specify that they can use the remaining 3,860 square feet on their TDR for development of space that would today be considered exempt as subgrade. 3. Transferable development rights from any preservation site within the Rural Area may be transferred to a receiver site located within Urban Crown Guest House Application (Parcel ID No. 2735-101-02-001) Page 6 ■ 0 Growth Boundary areas or within the same planning area where the . preservation site is located (i.e. Snowmass/Capitol Creek, Woody Creek, Independence, or Maroon/Castle Creek). Transferable development ■ rights from a preservation site located within the Crystal or Fryingpan River areas may be transferred to a receiver site within the Rural Area . or within the same planning area where the preservation site is located. The proposed receiver site is located within the Urban Growth Boundary. 4. A receiver site for a new development right shall not be eligible for five . thousand seven hundred and fifty (5,750) square feet of floor area, if the underlying zone district contains a floor area ratio restriction that would ■ limit the receiver site to less than five thousand seven hundred and fifty (5,750) square feet of floor area. The proposed receiver site is zoned AFR-2, which zone district maintains a sliding scale floor area ratio limitation. The restriction governing floor area . limits on the subject property, however, is a condition of approval stated in Resolution No. 97-187. Said condition limits the subject property to no more than 10,000 square feet of floor area. Approved use of TDR for a new . development right on the subject property will not result in exceeding the applicable limit. 3-210-020, General Standards and Criteria [for Special Review] . Pursuant to Section 3-310-030(A), special review is required to establish a TDR receiver site located outside the Rural/ Remote Zone District. The subject property is not located within the Rural/Remote Zone District; it is located within the Urban Growth Boundary and is zoned AFR-2. TDR receiver sites are ■ allowed in the AFR-2 zone district provided special review approval is obtained. Section 3-210 of the Code establishes review standards for uses designated as Special Review in Section 3-30 and Figure 1-1 of the Pitkin County Land Use ■ Code. This application for special review approval to establish a TDR receiver site complies with all of the pertinent standards, as demonstrated below: A. The special review use shall consider: 1. The applicable County Master Plan; . 2. County Land Use Policies in Article 2; 3. The intent of the Zone District in which it is proposed to be located; and 4. The character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel ■ proposed for development. • Crown Guest House Application (Parcel ID No. 2735-101-02-001) Page 7 The following responses are organized according to the numerical (1, 2, 3, and 4) sub -sections of standard "A," above. 1. Use of a TDR to allow inclusion of a kitchen in the build -out of the property's already allowable floor area is consistent with County Master Plans. In essence, this special review approval will extinguish a TDR in exchange for the right to put a kitchen in already available floor area. In doing so, a property in the Rural Remote (RR) zone district will be sterilized and forever preserved in an undeveloped state. All lands in the RR zone district are designated as TDR sending sites; implicit in this designation is the County's decision to specifically earmark and target lands in the RR zone district for preservation. 2. The previous response also provides for consistency with the Land Use Policies of Article 2. The subject property is located inside the Urban Growth Boundary and is provided with necessary infrastructure to accommodate the guest house. 3. The proposed Special Review Use for a TDR receiver site will be located in the County's AFR-2 zone district. The AFR-2 zone district is intended to "provide for a moderate density, residential/agricultural transition zone for lands along the valley floor located between the County's development centers and its rural, open land area. The district also contains existing housing concentrations with densities exceeding those in surrounding areas." The subject site has an existing residence and is surrounded by ski area development, the Maroon Creek Club and other residences. The guest house will be located on the site of the former Powder Pandas building and in building envelope designated through the 1041 Hazard Review process. The intention of the AFR-2 zoning will be maintained and in no way compromised by this special review use. 4. Please refer to the previous responses, above. B. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Visual impacts, impacts on pedestrian and vehicular circulation, and parking will be negligible. Similarly, the location, design and operating characteristics of the proposed development have been addressed throughout the foregoing portions of this application. There will be minimal adverse impacts associated with the proposed special review use, and the development Crown Guest House Application (Parcel ID No. 2735-101-02-001) Page 8 • will not result in adverse effects upon pedestrian or vehicular circulation, parking, trash collection or service delivery. There will not be any vibrations or ■ odor resulting from the special review use. Noise will not exceed County standards. Given the immediate environs and development patterns nearby, the location, size and design of the special review use requested herein are in complete harmony with the surrounding area. The proposal envisions a build - out of the parcel's remaining floor area in a detached structure, thereby breaking up the massing on the property. The designated building envelopes ensure an ■ ability to avoid all significant 1041 environmental hazards. Visual impacts from surrounding properties and Highway 82 are minimized by virtue of siting. ■ C. There must be adequate public facilities and services to serve the special review use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Existing public facilities and services are adequate to serve the proposed development. The guest house will be located where the old Powder Pandas ■ building was, and the guest house represents a great reduction in intensity and impact. All costs associated with any required utility upgrades will be borne by the applicant. No adverse impact on the public road system; the community's police, fire and emergency medical services; or school and hospital facilities is anticipated. D. An application for special review must demonstrate to the Board of County Commissioners that the proposed development will not: 1. Materially endanger the public health, safety or welfare; and 2. Substantially injure the value of adjoining or abutting property. 0 The proposed development will not adversely impact the various facilities and services discussed under criterion number 3, above. The proposed guest house will be located within a 1041-approved building envelope. The special review use will not materially endanger the public health, safety or welfare, nor . will it in any way injure the value of adjoining or abutting properties. Section 3-60-040, Scenic Overlay Section 3-60-040, Scenic Overlay, of the Code is intended to establish a scenic conservation area on those lands which are proximate to and most visible from State Highway 82 (and other specified roads), with specific concerns for the areas which constitute the visual entrance "image" and passage through Aspen r and Pitkin County. The building envelope for the guest house on the subject Crown Guest House Application (Parcel ID No. 2735-101-02-001) Page 9 N property lies within the mapped Scenic Foreground but sits approximately 1200 horizontal feet from the State Highway 82 right-of-way; it does not, however, include or otherwise impact any ridgelines. Notwithstanding the Scenic Foreground mapping, it is believed that the proposed development is exempt from Scenic Overlay review pursuant to Section 3-60-040(C)(3) of the Code. The subject lot is within a platted subdivision approved by the BOCC, and the development will take place within a designated building envelope. Next, if the development is for any reason deemed not exempt from scenic overlay review, it should be approved as a Planning Director sign -off pursuant to Section 3-60-040(D)(2) of the Code. The guest house is essentially an addition to an existing home where the addition/visible development represents only 23% of the square footage of the existing structure. Further, the 1,890 additional square feet will not have a significant impact on the mapped scenic foreground. For example, not only is the building envelope for the guest house located more than 1,200 square feet from the highway right-of-way, but it will be located behind the existing residence. Given existing development and topography, the site is only visible from very limited vantage points in the first place and from distances far exceeding what might reasonably qualify as "foreground." For these reasons, the proposal should be approved for Scenic Overlay as a Planning Director Sign -Off, if not exempt altogether pursuant to Section 3-60-040(C)(3) of the Code. Finally, in the unlikely event that full scenic overlay approval is fond necessary, the review criteria for development within the mapped Scenic Foreground are provided below and each is followed by a response demonstrating compliance and/or consistency therewith, as applicable. 1. Whether the proposed development has utilized existing topography and natural vegetation, such as ridges and hills to screen buildings to the maximum extent possible. Existing topography and natural vegetation provide a great deal of screening for the subject site. For example, not only is the building envelope for the guest house located more than 1,200 square feet from the highway right-of- way, but it will be located behind the existing residence. Given existing development and topography, the site is only visible from very limited vantage points in the first place and from distances far exceeding what might reasonably qualify as "foreground." 2. Whether the proposed development has been designed to complement the natural topography of the land, including, whenever possible and appropriate, the Crown Guest House Application (Parcel ID No. 2735-101-02-001) Page 10 utilization of innovative architectural techniques such as earth sheltered design, . natural materials and coloring, non-reflectability and clustering of structures on the least visible portions of the site. The existing residence received Scenic Overlay approval before it was built. The guest house design will complement and be consistent with the design ■ of the existing residence. It, therefore, follows that the guest house design will not only complement the natural topography, but it will also use natural, earth - tone, and non -reflective materials, and be clustered with the existing, primary residence. ■ 3. Whether the proposed development's height and bulk has been designed to avoid, to the maximum extent possible, the visibility of buildings from the highway and ■ public viewplanes. The guest house will be located behind the existing 8,110 square foot residence. Therefore, from the vantage point of Highway 82, it will be almost completely blocked from view. 4. The proposed structure shall be placed so it does not break a ridgeline, unless . there are no alternate building sites on the lot. The building will not break a ridgeline. There are no ridgelines affecting ■ the subject site. 5. Whether the proposed development has avoided the location of uses on the highest ground or most visible portion of the site as viewed from State Highway 82 and public rights -of -way, identified in Section (B)(1) above. The approved building envelope does not approach the highest elevation . on the property or the most visible portion of the property as viewed from Highway 82. 6. Whether the proposed development has been located outside of the designated Scenic Overlay, or on a suitable site at the greatest distance possible from State Highway 82 and identified ridgelines. No ridgelines will be affected by the development. It is not possible for development on the subject property to be located outside of the designated scenic overlay. The proposed development will be within the approved building . envelope on the site. . 7. Whether the proposed development has been landscaped in accordance with the adopted State Highway 82 Corridor landscape guidelines and has preserved natural vegetation, to the maximum extent possible, including the avoidance of development within irrigated meadows. Existing vegetation M Crown Guest House Application (Parcel ID No. 2735-101-02-001) Page 11 shall be maintained to the maximum extent possible, while using existing vegetation to screen development. A landscape plan shall be submitted by the applicant and approved by the Hearing Officer. As stated above, the existing residence received Scenic Overlay approval before it was built. The guest house design will complement and be consistent with the design of the existing residence. There are no irrigated meadows within the building envelope. Having been the location of the former Powder Pandas building until only recently, the site does not include much vegetation. 8. Whether the proposed development's exterior lighting has been designed in such a manner that light sources, such as facade and landscape lighting, will not be seen from public rights -of -way as identified in Section (B)(1). In addition, an application shall be consistent with the lighting regulations identified in the Pitkin County Land Use Code. The applicant has not yet prepared a design for exterior lighting, but is respectful of goals aimed at keeping the night sky dark and assuring that lighting does not cause glare or otherwise interfere with traffic on SH 82. Thus, the applicant hereby represents that the exterior lighting regulations identified in the Code will be satisfied and that there will be no architectural facade or landscaping lighting installed. 9. Landforms and earth moving shall generally not be acceptable as the sole measure of compliance with these regulations. However, they may be utilized in conjunction with other site techniques designed into the development plan. These methods may be acceptable when utilized as one of several methods to complement and enhance development, rather than as the single device for screening development from view from the State Highway 82 Corridor and as mapped. Please refer to the narratives provided in response to the previous standards for Scenic Overlay review. 10. Whether the proposed development has been designed so as to avoid, to the maximum extent possible, any Scenic Viewplane identified on the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan. Please refer to the narratives provided in response to the previous standards for Scenic Overlay review. The entire property is within the SH 82 scenic overlay area but does not affect any areas identified in the Down Valley Comprehensive Plan. 11. In the case where 1041 hazard areas may be in conflict with the preservation of scenic areas, the Board acknowledges that 1041 issues take precedence over scenic concerns. These issues shall be reviewed on a case -by -case basis. Crown Guest House Application (Parcel ID No. 2735-101-02-001) Page 12 r ■ ■ It is not possible for development on the subject property to be located outside of the designated scenic overlay. The proposed location of the guest residence is at the greatest distance possible from SH 82 given the approved building envelope. All 1041 hazards are being avoided and the development will not create additional 1041 hazard impacts. Also, please refer to the previous responses and narratives. IV. VESTED RIGHTS The applicant hereby requests that Vested Rights be granted with approval of this application pursuant to Sections 4-140 and 440-020(G) of the Pitkin County Land Use Code. The applicant would like the approvals to confirm their continued ability to use the subgrade exemption from floor area; it is felt that this would be only fair in light of the fact that they cannot otherwise use most of the floor area provided with a TDR. ■ ■ ■ Crown Guest House Application (Parcel ID No. 2735-101-02-001) ■ ■ Page 13 EXHIBITS Exhibit 1: Proof of Ownership Exhibit 2: Letter of Authorization for Haas Land Planning, LLC Exhibit 3: Pre -Application Conference Summary Exhibit 4: Copies of Prior Approval Documents Exhibit 5: Executed Fee Agreement (Agreement to Pay Form) Exhibit 6: List of Adjacent Property Owners Parcel ID No. 2735-101-02-001 ■ After recording return to: Isaacson, Rosenbaum, Woods & Levy, P.C. 633 17th Street, Suite 2200 Denver, Colorado 80202 ■ Attn: Lawrence J. Donovan, Jr., Esq. ■ SPECIAL WARRANTY DEED r ASPEN SKIING COMPANY, L.L.C., a Colorado limited liability company, whose address is P. O. Box 1248, Aspen, Colorado 81612, of the County of Pitkin, State of Colorado, grantor, for • the consideration of Ten and 00/100ths Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to the James Schine Crown Trust U/T/A dated July 8, 1953, whose address is c/o Henry Crown and Company, 222 North LaSalle Street, Suite 2000, Chicago, J Illinois 60601, of the County of Cook, State of Illinois, grantee, the following real property situate in the County of Pitkin, State of Colorado, to wit: ■ Lot 1, CROWN SUBDIVISION PLAT _ with all its appurtenances and warrants the title against all persons claiming under grantor. Signed and delivered this / 5� day of / 0 Y M/,,t�,c , 2001. r ■ ■ ■ ■ ■ 460660 ■ TRANSFER DECLARATION RECEIVED 11/08/2001 ■ . 506370.1/108138-110 10/19/01 r ■ ASPEN SKIING COMPANY, L.L.C., a Colorado limited liability company By: Bell Mountain Partners Limited Partnership, an Illinois limited partnership, Manager By: Bell d�Z Zral tion, an I ois com a n. Partners James S. Crown, Vice President 460660 Page: 1 of 2 111111111111111111111111111111111111111111 11/08/2001 03:58P SILVIA DAVIS PITKIN COUNTY CO R 10.00 D 205.52 ■ ■ Pitkin County Community Development Dept. 130 S. Galena Street Aspen, CO 81611-1975 RE: TDR/Special Review Application for Lot 1, Crown Subdivision To whom it may concern: I hereby authorize David Bellack, Haas Land Planning, LLC, and Vann Associates to act as my designated and authorized representatives with respect to the land use application being submitted to your office for the above - captioned property. They are authorized to submit an application for Special Review to establish our property as a TDR receiver site along with any incidental approvals associated therewith. They are also authorized to represent me in meetings with Pitkin County staff, the Hearing Officer, the Planning and Zoning Commission, and the Board of County Commissioners. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in the application. James Schine Crown Trust, an Illinois trust ffMames -Toss an, as Trustee the Schine Crown Trust U/T/A July 8,1953 ■ r ■ PITKIN COUNTY . PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 9/8/05 PHONE: 920-5093 E-MAIL: suzannew(cDco.pitkin.co.us ZONE: AFR-10 LOCATION: 336 W. Tiehack Rd; Lot 1, Crown Subdivision PARCEL ID #: 2735-101-02-001 . OWNER/APPLICANT: James Schine Crown Trust . REPRESENTATIVE: Mitch Haas PHONE: 925-7819 EMAIL: mhaas@sopris.net r r Type of Application: Special Review for TDR Receiver Site Description of Project/Development: Applicant proposes to utilize a TDR for a development . right for a second single family residence. The lot contains approximately 8 acres, where the zoning permits one unit/2 acres. The total floor area on the property will not exceed10,000 square ■ feet, as specified in BOCC Resolution No. 97-187. The residence will be located within the previously approved building envelope. ■ Pitkin County Land Use Code: • Subsec. 3-60-040: Scenic Overlay (The property is within the mapped Scenic Foreground) • Subsec. 3-210-020: Special Review Standards and Criteria • Subsec. 3-310-030: TDRs ■ Review By: One -Step Review by BOCC Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 ■ days prior to the hearing and shall mail notice to all adjacent property owners and mineral . estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development r Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. ■ FEE: $2,376 (make check payable to "Pitkin County Treasurer"). The Fee includes a $2,016 ■ Planning Flat Fee (which is non-refundable and based on 9 hours of staff time; if staff review time exceeds 10.8 hours, the applicant will be charged for time in excess of 9 hours at a rate of ■ $224 per hour); a $310 Clerk fee; and a $50 publication fee. ■ The Hearing Officer's review time will be billed at the rate of $175/hour at the conclusion of the review process. ■ r ■ To apply, submit the Fee specified above and 5 copies of each of the following documents (unless otherwise specified): 1. Letter of request and ancillary material (e.g., photos, architectural drawings, site plans) addressing, in detail, each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Consent from the owner of the property for the representative named above to process the application and represent the owner (1 copy); 3. Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) (1 copy); 4. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 5. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy); 6. List of adjacent property owners and mineral estate owners (1 copy); and 7. This Pre -Application Conference Summary Sheet. NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ALL 24" x 36" SITE PLANS MUST BE FOLDED. THE PARCEL ID SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ The Pitkin County Land Use Code is available on-line at www.aspenoitkin.com. This Pre -Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staff's interpretations based upon representations of the applicant's representative. Additional information may be required upon a complete review of the application and site visit(s). 2 ■ 459416 III I I III II III 10//041 01 3 I IIIIIII I III II II IIIIII IIII 2001 .4 1 9P 2 ■ SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN ■ COUNTY, COLORADO, GRANTING DETAILED SUBMISSION/ FINAL PLAT APPROVAL TO THE CROWN SUBDIVISION Resolution No. if&-2001 r RECITALS ■ 1. Aspen Skiing Company (Jim and Paula Crown) ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado (`BOCC") for approval of a ■ Detailed Subdivision/ Final Plat pursuant to the Pitkin County Land Use Code. . 2. The subject property is located adjacent to the Buttermilk Ski Area base and is more specifically described as Lot 1, Crown Subdivision. ■ 3. The Board considered this application at 1 S' reading at a regularly scheduled Public ■ Hearing on August 8, 2001, and at a 2"d reading on September 12, 2001, at which time M evidence and testimony were presented with respect to this application r 4. The Board determined that the proposed activity meets the applicable criteria established in the Land Use Code, provided the conditions listed in this resolution are r adhered to. ■ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado, that it does hereby grant Detailed Subdivision/Final Plat approval to the Crown Subdivision project, subject to the following conditions which ■ shall run with the land and be binding on all successors in interest: r 1. The Applicant or development entity or successors and assigns shall adhere to material representations made in the applications and in the public meetings. ■ 2. All conditions and requirements of BOCC Resolution No. 97-187 (Conceptual r SubiJivision) shall be adhered to unless specifically modified by the terms of these . conditions. 3. Prior to recordation the County Attorney's Office, the County Engineer, and the Community Development Director shall review and approve the Final Plat. The Plat shall r also be submitted in G1S disk format. ■ 4. Prior to recordation of the Final Plat the Applicant shall pay cash in lieu tees as . required by Code for parks and schools land dedications for the new 8 acre residential lot. ■ r ■ i-Af il� N.1 Jfi Resolution No.%A-2001 Page 2 459416 1111111111111111111111111111111111111111111111111111111 0//04/2001 12:49P SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 5. Condition No. 4) A. of Res. No. 97-187 shall be modified to read, "The existing ski uses and Powder Pandas operation shall be removed from the 8 acre parcel prior to issuance of any building permits for a CDU or EDU and/or after construction or relocation of a children's ski school facility at the base of Buttermilk, whichever should occur first." 6. Prior to building permit application for the employee dwelling unit (EDU) the Applicant shall provide a deed restriction in a form which complies with section 38-12-301 of the Colorado Statutes. The deed restriction shall be subject to approval by the County Attorney, and is subject to the requirement that the Aspen/Pitkin County Housing Authority (or similar agency) possesses an interest in the property subject to the deed restriction, or shall otherwise comply with the regulations in effect at the time of building permit application. Failure to impose a deed restriction satisfactory to the County Attorney shall result in revocation of the right to an employee dwelling unit on the property, which revocation shall be subject to an appeal to the BOCC. 7. The Final Plat must be recorded within six (6) months of the approval of this Resolution or this approval becomes null and void. 8. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code at 4-140 and C.R.S. at 24-68-105. The statutory vested rights granted herein shall expire on September 12, 2004, NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 13'h DAY OF JANUARY AND THE 28T" DAY OF JULY, 2001. INTRODUCED, FIRST READ AND PUBLIC HEARING AT THE REGULAR MEETING ON THE 8TH DAY OF AUGUST, 2001. APPROVED AND ADOPTFD AFTER SECOND READING ITELD ON THE 12th DAY OF SEPTEMBER, 2001. RISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE DAYOF 0C7"f ,2001 FOR Ve-STea 9.16;H-rr, (IIIII IIIII 111111 IIII IIIIIII IIIII IIIII Ill IIIII llll IIII 459416 ■ IIIII IIIII "1'I' INIIIIIII IN1 IIIII III Hill IIII IN 10//04/2001 12:49P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution No. /�-2001 Page 3 r ■ ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ■ By: r AD I - J y ee Dean Michael C. Ireland, C it . Clerk to the BOCC DATE: r ■ APPROVED AS TO FORM RECOMMENDED FOR ADOPTION ■ Joh Cindy Houben ■ unty Attorney Community Development Director ■ P 129-00 273510100396 lancee/cases/crownfpres.doc r ■ ■ ■ r r r ■ r ■ i �•�iIM -Ntll aii I 1 IIIII) IIIII IIIII IIII �IIIIII IIIII III�I III IIII� 1III I I 14515 0Page: 4001 1 //2:48P II SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING AN 8 ACRE PORTION OF THE FRIEDL PFEIFER RESTATED TRUST (CROWN PARCEL) AT THE BASE OF BUTTERMILK FROM AF- SKI TO AFR-2 Ordinance No. O L16 - 2001 RECITALS l . Aspen Skiing Company ("Applicant"), has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for the rezoning of an 8 acre parcel at the base of Buttermilk Ski Area from AF-SKI to AFR-2. The property to be rezoned is described as Lot 1, Crown Subdivision. 3. The application was reviewed by the Planning and Zoning Commission ("Commission") at a regularly scheduled meeting on December 5, 2000, at which time the Commission recommended approval of the rezoning. 4. The BOCC heard the first reading of this application at a public hearing on August 8, 2001, at which time evidence and testimony were presented with respect to this application. 5. The BOCC heard the second reading of this application at an additional public hearing on September 12, 2001, at which time additional evidence and testimony were presented with respect to this application. 6. The BOCC finds that this rezoning comports with the Pitkin County Land Use Code, section 3-220- 020, Rezoning, and all applicable master plans: A. The development resulting from the rezoning from the AF-SKI zone district to the AFR-2 zone district will not conflict with any applicable sections of the Land Use Code; B. The rezoning from the AF-SKI zone district to the AFR-2 zone district is consistent with Pitkin County master plans; C. The rezoning from the AF-SKI zone district to the AFR-2 zone district is compatible with surrounding Zone Districts and land uses, considering existing land use and neighboihuud characteristics; D. The rezoning from the AF-SKI zone district to the AFR-2 zone district will not result in demands on public facilities, and will not exceed the capacity of such public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities, E. The rezoning from the AF-SKI zone district to the AFR-2 zone district will not result in significant adverse impacts on the natural environment; F. The rezoning from the AF-SKI zone district to the AFR-2 zone district is consistent and compatible with the community character; ._ _...._. I t I IF, I I IMP 0 h 1{i i ■ 459415 IIII Il II IIIIIIIIIIIIIII IIIII IIIIIIIII IIII 1 SILVIA DAVIS PITKIN COUNTY CO R 0.00 / 001 10//2:48P D 0.00 Ordinance No. 2001 Q 0 - Page 2 ■ G. The rezoning from the AF-SKI zone district to the AFR-2 zone district is not in conflict . with the public interest; r NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County ■ Commissioners that it hereby approves the rezoning of the 8 acre Crown parcel property from AF-SKI to M AFR-2. The Rezoning is not effective until the recordation of the Final Plat. ■ NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE ■ 13TH OF JANUARY AND THE 28th DAY OF JULY, 2001. ■ INTRODUCED AND FIRST READ AT THE REGULAR MEETING AND PUBLIC HEARING ON THE 8th DAY OF AUGUST, 2001. ■ APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE 12th DAY OF SEPTEMBER, 2001. . PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE % 3 DAY OF D GT , 2001. ■ THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ■ ■ r ■ r ■ ■ ■ ■ r ■ ■ ■ ■ ■ i Yr�, It rt,•M 'I,i 459415 r II III11I IIIIII IIII�II Page: 0/04/200112:48P II I III IIIIIII SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.Oe ■ Ordinance No. o yo - 2001 Page 3 ■ ATTEST: BOCC OF COUNTY COMMISSIONERS . O PITKIN OUNTY, COLORADO " �11,'A'4,o AgA nd R. Dean —!( �� � �� � ■ y Michael C. Irel d, _(-� ■ Clerk to the Board Chair Date: I d — Q ? ■ ■ APPROVED AS TO FORM: APPROVED AS TO CONTENT: ■ John E Cindy Houben, unty Attorney Community Development Director Case #P129-00 . 273510100396 ■ lancedcases/crownrezoni ngord.doc ■ r ■ r ■ ■ ■ ■ r r ■ ■ ■ i, W■ r ■ ■ r RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE ■ CONCEPTUAL SUBDIVISION, GMQS EXEMPTION, 1041 HAZARD REVIEW, EMPLOYEE DWELLING UNIT AND r CARETAKER DWELLING UNIT FOR THE ASPEN SKIING ■ COMPANY/CROWN RESIDENCE r RESOLUTION NO. 97- i 8 r RE. i r ,IT ■ 1. The applicant, the Aspen Skiing Company (ASC), requests approval to rezone and subdivide an 18.4 acre parcel into an 8 acre parcel and a 10 acre parcel. The 8 acre parcel would become a single family residence approved by a Growth management Quota System (GMQS) Exemption. 1041 Hazard review is also requested for steep slopes and ■ wildfire. ■ 2. The proposed GMQS exemption would specifically be for a Change in Use to allow the property to convert from a ski area (AF-SKI) associated employee unit to a free market , single family residential use. ■ 3. The proposal is to rezone the property from AF-SKI to AFR-2 in order to allow r the creation of a single family parcel consistent with the surrounding area. Additionally, r the parcel would be limited to a total of 10,000 square feet of FAR and would be deed ■ restricted against any further subdivision. r 4. Currently the parcel contains ski area related uses such as the Powder pandas ■ headquarters. These uses are proposed to be eliminated from the residential parcel and relocated as part of a revised Buttermilk Master Plan. 5. The Planning and Zoning Commission approved the Scenic Overlay request, with conditions, in order to allow an addition of a second story which is visible from the r Highway 82 corridor. ■ 6. Staff and the Planning and Zoning Commission recommend affordable housing ■ mitigation which mitigates for the addition of a free market residential unit and the loss r ■ I III11111111111111 IIIIII IIII IIIII! 1111111111 IIIII IIII IIII 419446 07/15/1998 09:17A RESOLUTI DAVIS SILVI ■ 1 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 97- [� 7 Page 2 of Ski Company affordable housing when the residence is transferred out of Ski Company ownership. 7. A separate building envelope on the 8 acre parcel is proposed for a Caretaker Dwelling Unit. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that they do hereby approve the conceptual submission, GMQS exemption, 1041 Hazard Review, Employee Dwelling Unit, Caretaker Dwelling Unit for the Aspen Skiing Company / Crown residence adjacent to the Buttermilk Ski Area with the following conditions: I. SUBDIVISION: A. The parcel containing the existing residence and the existing use of the powder pandas structure shall be subdivided into an 8 acre parcel to be zoned AFR-2 with a limitation of 10,000 square feet FAR. B. The 8 acre parcel shall be prohibited from further subdivision. C. The applicants shall submit a revised plat indicating the 8 acre parcel , building envelopes for the main residence and the caretaker dwelling unit, access and other mapping requirements consistent with section 5-40 of the Pitkin County Land Use Code. D. Affordable Housing Mitigation: The applicants shall mitigate for 4.82 employees at the time of issuance for a building permit for any additions or remodel to the existing residence. The applicants may pay cash in lieu as an alternative to constructing the units on the premises, 0 2. 1041 HAZARD REVIEW: A. Slopes: Development on slopes exceeding 30% in grade shall be ■ prohibited. Design of development on slopes exceeding 15% in grade shall be approved ■ by a Colorado registered professional engineer. B. Wildfire: Tlie applicant shall comply with the following wildfire ■ mitigation measures: r a) The area around the structure shall incorporate landscaping with wildfire ■ defensible space considerations as follows: r I IIIIII IIIII 111111111111 Ilil I11111 IIIII III IIIII IIII IIII ■ 419446 07/15/1998 09:27A RESOLUTI DAVIS SILVI 2 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ■ ■ ■ ■ Resolution No. 97-% Page 3 ■ (NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions.) 1) All brush located downhill from the structures shall be thinned for a . distance of 30 feet from the building envelope edge. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around . the remaining sides of structures. In this 10 foot perimeter vegetation shall be maintained at 6 inches or less. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum 30 foot perimeter around a structure built on flat ground. (For greater slopes ref. CSFS Safety Zone chart, Page 13, Wildfire Guidelines For Rural Homeowners.) 3) Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. all measurements r shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the 30 foot perimeter shall be ■ pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees and brush. 5) Tree crown separation within the 30 foot perimeters shall have a minimum . of 10 feet between the edges of the crowns. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a 100 foot perimeter of the structures shall be r reduced where natural reduction has not already occurred. 8) All deadfall within the 100 foot perimeter shall be removed. 9) A cleared strip for 10 feet shall be maintained on either side of the r driveway to create a fuelbreak. 10) The applicant shall be responsible for the continued maintenance of the . defensible space vegetation requirements. b. Structural Design and Construction Requirements: 1) Roof construction shall be metal or class a, noncombustible (no wood shake/shingles) material with no flat roofs. 2) Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 . inch maximum. C. The following maintenance measures shall be adhered to: 1) hoofs and gutters shall be kept clear of debris. 2) Yards shall be kept clear of all litter, slash, and flammable debris. ■ 3) All flammable materials or firewood/wood piles shall be stored on a ■ parallel contour a minimum of 15 feet away from any structures ■ 111111111111111111 Illlll 111111111111111111111111111 IN 419446 07/15/1998 09:17M RESOLUTI DAVIS SILVI 3 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 97- % Page 4 4) Weeds and grasses within the 10 foot perimeter shall be maintained to a height of not more than 6 inches. d. The following miscellaneous measures shall be adhered to: 1) Swimming pools shall be accessible to fire department vehicles. 2) Fences shall be kept clear of brush and debris. 3) Wood fences shall not connect to the structures. 4) Any outbuildings or additional structures shall adhere to the same standards as structures. 5) Fuel tanks shall be installed underground with an approved container. 6) Propane tanks shall be installed according to NFPA standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above -ground tank. Any wood enclosure around the tank shall be constructed with materials approved for two hour fire -resistive construction on the exterior side of the walls. 7) Each structure shall have a minimum of one 10 pound ABC fire extinguisher which shall be placed in each structure in a visible and accessible location. 8) Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. 9) The driveway shall be a minimum of 12 feet wide with minimum inside turning radius of 33 feet. The maximum grade should be limited to 12% 3) CARETAKER DWELLING UNIT/ EMPLOYEE DWELLING UNIT: The applicants are approved for one Employee Dwelling Unit and one Caretaker Dwelling Unit to be located within the designated building envelope. These units shall comply with the Land Use Code at the time of issuance of a building permit. The square footage of the units shall be included within the 10,000 square feet of FAR available for the entire site. These units may not be constructed until the Powder Panda and other Ski Area activities are eliminated from the parcel. 4) OTHER: r A. The existing ski uses and powder pandas shall be eliminated from the 8 acre parcel no later than April 15, 2000. B. All material representations of the applicant shall be considered conditions . of approval. NOTICE OF PUBLIC; HEARING PUBLISHED IN THE. ASPEN TIMES on r the 9th day of August, 1997. 11111111111111111111111111111111111111,1111i11111111i11 ■ 419446 07/15/1998 09:17A RESOLUTI DAVIS SILVI ■ 4 of 18 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 97- IS7 Page 5 INTRODUCED, FIRST READ, AND PUBLIC HEARING HELD AT THE REGULAR MEETING on the I Oth day of September, 1997. APPROVED AND ADOPTED AFTER SECOND READING on the 24th day of September, 1997. lul PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the Y day of 04p,6`' , 1997. ATTEST: BOARD OF COUNT OF PITKIN COUN , 491 By: e 3et�es, yiKaee • �IG4s✓ Bill Tui hai eputy County Clerk Dater APPROVED AS TO FORM: John Ely, County Attorn y Case No. P21-97 Parcel ID No. 2735-101-00-396 APPROVED AS TO CONTENT: Cindy Houben, Community Development Director 111111111111111111111111 IIII 11111111111111111111111111111 IIII 419446 07/15/IM SOMA RESOLUTI DAVIS SILVI 0 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ■ ■ N O 50 100 200 300 .400 500 F T JC/ LE= &519 OF 6FAFt IrY� THE P�EAfZIN -DTAKEN FitcI•/I U9.CoAC5T AND GED�JETIG SURVEYTKIUWGCJLATION 5TATICN A5PEN' (N'yv✓ 015LJ7FK/\T��QQ), QUAD 991oCo3, STATION 1001, TO XF44 AZI"JTH M °dZK ' OF 506 22'Op' E WA9 U`OED A9 THE CAS4S OF 6FAftII-� ON TI-115 M^F + ra e. ARF� TADLAAT10N (,,DICES) 6.039 CFCAVTJ _-UI!QvT5I3N ( LOT 1) n Cj 5.522 "NmKoJN CrrF-KCLJJf>IFARCEL 2) 4.4&2 AF-SKI ZONE (FWMEL 9)11) 0 i7l HFNfnY F'Ta'JPEICTY (PARC•EL i) p 16.399 A.fAPEN SKIItJSCO. LEAGE ? =TOTAL T 10 S, R 85 W, 6 TH PM. PITKIN CQ, COLORADO \ \\ I LEGAL DESCRIPTION ; 11 \\ \ AWTK,-.GTOOFF LAlV 51T T-P= 11-4 THIE .4x1,(4 t 10 CT OF N 3'THE _'wl ( I MbTl-IE IJEI//y \ I \ N(oT{-f PRU��.,�IbR�ALL IN P IP DOVEN. i�5 WG7f aF THE \ \ Flll-Y CE�LDEA •°C OLLLT�e.+'TKN CDIJNII; �41� CGNG MYJRL \\ HCG -"t-* ATA Rcmlf wHEWETHEeJff Ww T G01m�JCCF SAID \ \ SEGTIOr1 2 f�FlJCS 50UIH 1.1 I' 3D ElOT 9't2.10 FFFf/ \ T7U}E{I-CE 90lJTN 2(.q'JI' Q�v :/ 5/TT 3'V-a77�9. F FTC' \\ \ THF�JJC�E g��H}.�1 I'1 D51'W' E/��J' 1-la'•91 FEET '� Ti-�E h�y \ DOUIJ�I.fcY LpJE pF LpT THE OF 741D 5MTY7N p \\ TNEIJCEqpA�C,Kloyir 949 �F�T,Vff1->'> txNP f�K I777Y}--{{ \ �HwEg1T..RLR7' OF WFtT•ICET C; T � 7�iID FE�rC.E LITE' '.JfHWL7TE�LY \\ Off\ Exrv�er THEtcF1JF"TUTHE'�-C�JTN NCI -If- \\ OFX I-4f �o FE'Er QC AiL�G \ � THSF1AjD _-AoL fHwT_l TiRI \\ Y�RC ff-O IG-4-9 LANE MID - Q TNEfG•Dl�5 OCXXJDTFIFI�Er���1�H/.yh�lC� 5 T�p�cTMG - TF�F7-IC-E r. 27Nb.GtQ7- FEET: 57'W 344 �\\ s)Tb `�` t�JF7i i �5` OO.Or:I�7}T{ � h4'7+ \\ G \\ , TT7 3.4 FNEcrTt7T--744-IE5�10xf� ti\ 3� 2 AREA OF \� ; I 9UD�E `� 71' `\ � PL U5 KT10N OF HIGH AY INCLUDED IH L LPAx^\ ^� \ \ O \\ 1 \ 5 22 AcFm �' y o/ Z4.462 ALKES 10 11 ICI NWNIIJG ICY IN THE AF Dk l + % IPT-,+ I I + ZONE D f)TrCICT OT c Dl PAR EL 8.039 ACRES EXISTING iS hh � ZONING: iR t -i � $ AF-SKI I I ► — I i \ AFR - 2 i \\ PROPOSED: y \ \\ O o�y=^ter- AFR'- 2 \-fN, \ NN OPEN C)M-H HEhJ pgcrEKIY /41 \ BOOK x4, v. �7 AFR-2 '145 49 WE5T N/9 S2'GYJ'W MTcl m..,-Cs..m P�w.�vw-w MAY. d-.r.a ./Y.rVr. ►.w N33'/0'00 W 7/32 : 581•02.00'W W-51 `� ,5/8'45'00'w /a/.70 529'53'00'E 5 - - --- AFR-2 ---- \ I + I A ne &xveyS, W. ww otme ow t7oo •...... r,.w..r. RUM C'EvOlAIN tiiJPllIVISttlt\ 111L.Vf OWNERSHIP & VKINIT Y MAP JCA IITGC17� AND REiZONIiNG IIAP COMBINED DETAILED AND FINAL SUBMISSION CERTIFICATION OF DEDICATION AND OWNERSHIP BY MICHAEL R. HYZER, VICE PRESIDENT, WELLS FARGO BANK, IOWA, N.A., AN IOWA CORPORATION, AS TRUSTEE OF THE FRIEDL PFEIFER RESTATED TRUST -NO. 2. AN IOWA TRUST, WHICH ACQUIRED TITLE AS NORWEST BANK DES MOINES, N.A., AS TRUSTEE OF THE FRIEDL PFEIFER REVOCABLE TRUST, DATED MAY 20, 1985 _ .5ECTKNJ SURVEYOR'S CERTIFICATE L .W.�E7 I RE7ER, REGI�TERID WDJUR�2IGK NOD PRL'�DfNT OF lVe!)l CROWN _'k0 0M5 IC" AM2EZ-".G Pt �T1V Tl-C OG N bF-n4ECLIBCwit,, OFEATURft, k-[ ALLURAJEY AND CG[RMTLY JHO'M�I HER£QJ � THAT THE _w ARE tYCCN CN FIELD -I.MCV _5 XE ONTHE GACL*40;; 71,1E AI`D Flt, � CCN WE M W Tli'151r SLVCED ON THE HL",jP THAT THIS FINAL PLAT NIEET� THE FF�VR 102. j OF ^ LAN'J SiANEY FTA7 AS JET pOICTH N G.R.S. 3D-5h 102. ALPNE 1 D°•TE----1 �-'-Tr--S-- �--- �'-�- L3. r STATE OF COLOFAJ70 COUNTY OF PITKIN 1 TI K RJ/.F h CLP.TIFIrATi WA6 K'y�t7WLEe6iL t:+_FCA'Z ME THIS_-�d!SmCNY OF-_4tc:" Ic c 2GUI Cr U/�krbf. RE P DSO OF NN PE Jt_ZVEi�`�'M.,--A COLOKACO WC04,1tD04 EXPIRES•1 � ------ WITNE`Jf7 MY NAND A.D OF .A. CY,Tfp• Mr.+�Lrc.I-rrzE,e. �r�`1-- a ;, `av�,'• Ocr?2ool•_ �o x'�.ATlol'�`rrce�r�r� 'e BOARD OF COUNTY taWA +.•=�� OTIC RE7r`ATEATt¢r-7� hrJ. , AN r+u�r. COMMISSIONERS APPROVAL TE G r, Sri _ TH19 UK*" ,*J� M1D KE7OI4ING RAT HK6 DEEM I W"E` VIE-0 AND APPROJFI'l Plr H P�T N (CX.NTY RD Or COMMI�IQ-lER7ll-#`�_1a2_ DAY OF _ cIJ�+A Set THE C fmriCAMON 5 iCf� gWLECi J P,F� 2'tt�7� TFYS A PIUVAL Df THE PITKIN CA7NTY RD QF _--_ ME bf "Kl l-ka K. H .M A9 ME PFEg10ENT ll LL C, 41,, cokim f�1QJE1�-j 19 t015JECT TO THE TERMS AND F �+NK 101M N.A., A- Ip .VA A<j td�'XfIOt-t`� CIF 0P`JaD OF CGllnftY comm^_610"CR' T'47 OF THE FR1FDt-FFEJFE4Z fcJS A T 2 REXJt1Jf101J NC)Ak-Aa�l, I.FlDR XO IN BOOK r *- N PAGE-Ae4- AN n/A T10.Y..7r T1-N7--�3 ---Q4Y OF_�------,.Y�I� Rete rrw is�YJf1'/LM+t tetr:.+c .Rs:,v�.wt ra. sys-aooi .+�lc.vao MY C,CX.•tliil`yJ.0 t�_ 1. selaM./at Is, a..i wa ,r.�..tpe► .r� ,�•n•.+, YS l4/6. WI Ef�9 MY H/+F - - - nCJFsZY.`r P 1G�--- - ---"Wwr ATTE.7i• � M S,oIOt OF t CLERK � a-IAI� �&RECORDER'S CERTIFICATE TH19 CFdJAMJ JUCONI�_ilO1J AND REaUNING FIAT 13 .YJ�PTED FChc RtrORQW, IN THE OFFICE OF THE_ rPjl ANO RE �� OF PITt'JN COUIJIY CO-O A,Co THI C *1CVy OF__MNI 4Q'TI IN PLAT AT RF_GEPTY7h1 NO. SYLW� dP.V19 CLERK /z,. K ,N PITKIN COUN�I , COI $�oOY S aftb ~ 1. 2 1 1,05.11 .JI-I0 3. D9.9f� k7- n'. M TWO CADNN 51JDDIVISION FLAT Job No aP-I`< Aun RF7n1JIhY M1e_ ch— A`"-eF f l Cu1K. 1'N:M'rKI�•, .Jla^I r_��f:a2,�=�I�_,411 UJir �j E N8 2 t tk.vj(v"rwm Crrywk.'. U* -JL I` viCJNrry i► 11 J J22IM5C 276-W / tits 3° w rS7 a! L r;iyy� e•44 .. L14^-AOV` �d I AREA / tl 1 wn � I Au, Y_aa� ! yA CIE 5-9 Gown Hou" `� 1 V"V-m from Highway 62 A ~ f tttf .t...td 1. SE V4 SE W. Sotdw 3. 4W W SW W. S.t°w 2. NW V4 NW W. t.tt' I *W NE V4 NE W. SoW-1O. tt W board 10 w k roW Of trr tt..nMd w fA . MtW AV or . P** Wr tr r.tvwt tw— oftrf @ r— 2 1..t 6 w A 3P E 7°2r G t ttrtt. S n sr w 3Y673 6.t lbr. ° I A• w ID7f O 6tt ttww S W 92 E "M /wr w r. tm►trM b+ n an of 10 S f am =PAN 10. T►wri w.r 1taAY 6r " tYil tp°r.r1. Mri�Y r. 1. Mr 'ir / Yttr�.tM uM tY wl.wrwV f w ode" 6w 6S t..ot N 4f 0;/ 3r ! m 6r . r t..t /wt .tt1 6.. 60 OW d. twe•w4M wood.. •rwf w aw ttr.t.rtttrp r10' ; so w A tttb VOW*. 1a two lQS,et 6r .rot r ttw rwt 81 w.t.tt . . Mt -6 .0p w SW e. W% f • we w ow ryt v.q . MAN f TW40 fwt. Ar ch" f rrtA be— N 47 4a 3r, W WSA3 6r ..w r tt.e *am S 37 07 W 7mm iw, tiro N 21 OF W 24M hot Orw N OS W!137M 6.t- t N a MF W 3A4 ton w tr P.W f tor.+.° wwr+tl U" aww Aft crrt4R10ttt ►Attr M ►RkM GOwRy oath of j Govty GarttYtbrwA rwdtlet TF101. AdpM Ld 1 pfi" PUD OwNR M. mft LwPrM NNA� A keft tr+p ab..bgy b- Y... Yistt.d W." tta 0** ow f .oalwty tK w OF COtJNW COt'MYM� At - —A. TIY *0 As 00.0tw cs 06&#,W a W"r "Y � � Mt no* Gwry Mmq of G.wi , w IIY 1 t—fty iwiit Ne,�� tscatowar tytrlwcAn 7w c.... a.rw.. 1OM A.'*. Stb f. ttw tswrwe fff i�t Y�M..Kw of*0p" Gw "Apt �d norir �1 r 00dsk�li aF ` nc1Ma of • . Q.t. t °.nritr Lot 1 P6Nw PLO f �I MATE' LAtl11S6��'I Y14 V%VSr a Go."f 'l wtr+t f°occ 1E tttt�.urlwl P40tkV M-I V'7 -L . %. re z t. t.r as tt°e oa wrM The Cro wn residence ��� W110""e tntr.t.Avtw. � ``W" `m'� �. �w N� 3 >o Gaibnb � Row � 3 v ARN Skhmg C.Or� 40 20 0 s 105 70 ® �� �• Rw. � 3 W cr.. eta Landscape plan and 1041 Site Plan PO BOX 12i8 �It GOI�7radO 8*U st.� r . r Dac Fr15rrY 14.19E'1 NWO PrOpoom Cdoraw 9t.vrs h.. NWO-3 WEa. eta Aw PwA.tr..M. 10 1ffa. - AtN. fRpYt •trtr4. 10 2-1 VT o& .s[ -. ■ r PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and James Schine Crown Trust (hereinafter APPLICANT) AGREE AS FOLLOWS: r 1. APPLICANT has submitted to COUNTY an application for Special Review & Scenic Overlay (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 058-2001 establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $2376.00* which is for nine 9 hours of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT r ■ Cindy Houben Community Development Director James Schine Crown Trust Print N X�— Signat6re Date: It / B IOS Mailing Address: --l'a2 N. LaSc�,Ale S� . SLi��� �DOO Cam% C�.A�, coblap1 * = includes a $310 County Clerk fee, and a $50 publication fee r ■ LOT 1, CROWN SUBDIVISION LIST OF ADJACENT PROPERTY OWNERS AND THEIR MAILING ADDRESSES OF RECORD* Aspen Skiing Company, LLC P.O. Box 1248 Aspen, CO 81612 Safir, Andrew J. 6380 Wilshire bled., Suite 1604 Los Angeles, CA 90048 Redd Mountain Holdings 1/2 Interest Eagle Pines Property 1/2 Interest 2400 E. Commercial Blvd., Suite 820 Fort Lauderdale, FL 33308 JSC Colorado Trust 222 N. Lasalle Street, Suite 2000 Chicago, IL 60606 *Per the Pitkin County Assessor's Records as of November 9, 2005 Parcel ID No. 2735-101-02-001 r